HomeMy WebLinkAbout11/01/2005MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 1, 2005 -6:30 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Allen K. Settle, Christine Mulholland,
Vice Mayor John Ewan and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City
Administrative Officer; Monica Irons, Human Resources Director;
Deborah Linden, Police Chief; Tom Zeulner, Interim Fire Chief; Jay
Walter, Public Works Director; Jaime Hill, Associate Planner; Tim
Bochum, Deputy Director of Public Works.
CLOSED SESSION - 6:30 P.M.
City Attorney Lowell announced the following closed session topic:
1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Karen Jenny, Monica Irons
Employee Organization: San Luis Obispo City Firefighters, Local 3523
City Attorney Lowell reported that the Closed Session was held to discuss negotiations as
announced previously. No further reportable action was taken at this time.
REGULAR SESSION - 7:00 P.M.
PRESENTATIONS
CAD Hampian introduced the City's new City Fire Chief John Callahan, following which Chief
Callahan was sworn in by City Clerk Hooper.
Outgoing Interim Fire Chief Zeulner introduced Molly Brown, who was recently assigned to
the permanent position of Fire Inspector, and Patty Thompson, newly appointed
Administrative Assistant.
Mayor Romero presented a proclamation to Deputy Community Development Directors
Draze and Whisenand, proclaiming November 8, 2005, World Town Planning Day.
Mayor Romero announced that former Council Member Jess Norris' wife, June, passed
' away yesterday.
PUBLIC COMMENT
City Council Meeting
Tuesday, November 1, 2005 — 6:30 p.m.
Brad Brown. San Luis Obispo, discussed his concerns that PEG funds have not been
released to SLO County Public Access (SLOCOPA).
City Clerk Hooper responded, discussing the status of the agreement with SLOCOPA.
Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns regarding
harassment.
Peter Schwartz. San Luis Obispo, discussed his continuing concerns regarding the
development at 1922 and 1926 Johnson Avenue and asked that the matter of infill be
agendized.
Page 2
Gary Fowler. San Luis Obispo, discussed his opposition to any sales tax increase that may be
placed on a ballot. He indicated that he hoped that the new Fire Chief will repeal the multi-
family housing inspection fee.
CONSENT AGENDA
Ina rc��e✓� P'
Adam Fukushima. County Bicycle Coalition, referred em C3. He noted his initial mis-
understanding of the transfer of $26,125 that roposed previously. He reviewed the
effectiveness of traffic signal interconnect eing used by the City of Davis at entrances to its
campus. He expressed appreciation that the Tour de California is coming to the City. iie
suggested ihat 1381618FRia and Feelhill Fney need inteFeGnneets rnere then Broad and Pecifie.-O, tJ
Mayor Romero stated that he will recuse himself from Item C2 because his residence is in the
vicinity of Woodland Drive.
Council Member Mulholland spoke to Item C2. She discussed her concerns that changes and
errors have occurred with this project, and that it is not what was approved. She suggested
that the planning processes need to be reviewed when there are difficult areas in which to
build, particularly when there are environmental constraints.
C1.
C2.
ACTION: Moved by Settle/Ewan to approve the Consent Agenda as recommended by
the City Administrative Officer. Item C2 was approved by a 3:1:1 vote (Mayor Romero
recused, Council Member Mulholland opposed) All other items were approved by a
5:0 vote.
MINUTES OF TUESDAY, OCTOBER 18.2005.
ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented;
motion carried 5:0.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9741 (2005 Series)
approving a one -year time extension to file the final map for Vesting Tentative Tract
Map No. 2420, based on findings, and subject to all of the original findings,
condition, and mitigation measures associated with the tentative map approval;
motion carried 3:1:1 (Romero recused, Mulholland opposed).
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1
C3. PHASE 11 BILL ROALMAN BICYCLE BOULEVARD SIGNAL IMPROVEMENTS. 1
City Council Meeting
Tuesday, November 1, 2005 — 6:30 p.m.
Page 3
ACTION: Moved by Settle/Ewan to 1. Receive report on Bill Roalman Bicycle
' Boulevard Phase II signal improvements and other improvements. 2. Transfer
$26,125 in traffic signal grant monies from the Bill Roalman Bicycle Boulevard
project to the Broad Street/Pacific Street Traffic Signal Installation project to
complete necessary signal interconnect; motion carried 5:0.
C4. TRAFFIC SIGNAL IMPROVEMENTS - CONSTRUCTION BID RESULTS.
ACTION: Moved by Settle/Ewan to 1. Reject all construction bids received on
September 22, 2005 regarding the Broad & Pacific traffic signal installation project.
2. Authorize the CAO to approve a revised bid package to reduce possible costs and
solicit new bids from contractors, and to award the contract if bids are within the
engineer's estimate of $225,000; motion carried 5:0.
C5.
ACTION: Moved by Settle(Ewan to 1. Award and execute a contract with Service
Master CBM for $75,444 for park restroom janitorial services. 2. Appropriate $15,244
from the Unreserved General Fund Balance to the Landscape and Park Maintenance
Program; motion carried 5:0.
C6. LANDSCAPE MAINTENANCE SERVICES, SPECIFICATION NO. 90528.
ACTION: Moved by Settle(Ewan to 1. Award and execute a contract to SLOSCAPE in
the amount of $188,965 for landscape maintenance services categories A and B. 2.
Award and execute a contract with Rainscape in the amount of $40,975 for
landscape maintenance services category C and $26,578 for landscape maintenance
services category D; motion carried 5:0.
C7.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9742 (2005 Series) to
consider abandonment of the street right -of -way (R/W) and set a public hearing for
January 3, 2006; motion carried 5:0.
C8. FIRE STATION 2 ACCESS REMODEL, SPECIFICATION NO. 90466B.
ACTION: Moved by Settle/Ewan to 1. Approve the award to and execute a contract
with Granite Construction in the amount of $74,950 for the Fire Station 2 Access
Remodel, Specification No. 90466B. 2. Direct staff to begin the process to
reprogram the $60,000 Community Development Block Grant (CDBG) funds for the
Hospice Elevator Construction project. 3. Direct staff to return to the City Council
on the December 6, 2005 meeting, after the 30 day CDBG fund reallocation
advertising and public comment period, for final determination on the reallocation
of the CDBG funds. 4. Backfill the project with Completed Projects funds or CIP
Reserve if additional CDBG funds are not subsequently allocated to this project;
motion carried 5:0.
C9. APPROVAL OF A MILLS ACT CONTRACT FOR THE HISTORIC LIND HOUSE (1306
MILL STREET) (0 135 -05).
City Council Meeting
Tuesday, November 1, 2005 — 6:30 p.m.
Page 4
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9743 (2005 Series) to
approve a Mills Act contract for the historic Michael Lind House, located at 1306 Mill 1
Street; motion carried 5:0.
C10. NOMINATION OF PROPERTY LOCATED AT 1323 MILL STREET TO THE MASTER
LIST OF HISTORIC RESOURCES, AND RECOMMENDATION TO APPROVE A MILLS
ACT HISTORIC PRESERVATION CONTRACT WITH BRENDON AND KATHRYN
MCADAMS.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9744 (2005 Series) adding
the property to the Master List of Historic Resources and approving a Mills Act
Historic Preservation Contract; motion carried 5:0.
C11. CONSULTANT SERVICES FOR THE DOWNTOWN ASSOCIATION STRATEGIC PLAN
UPDATE.
ACTION: Moved by Settle(Ewan to authorize the CAD to enter an agreement with
Jeffrey Eichenfield & Associates to update the Strategic Plan for the Downtown
Association, subject to the following conditions: 1. The contract work scope fully
addresses the issues outlined in the 2005 -07 budget request for this update. 2.
Compensation from General Fund sources for Phase 1 scoping services will not
exceed $5,000; if an approved work scope by the CAO does not emerge from Phase
1 services, the contract will end at this point. 3. Compensation for all services from
General Fund sources will not exceed $25,000; the total contract price can be higher
for expanded services if paid from non - General Fund sources; motion carried 5:0.
C12. REQUEST FOR PROPOSALS: DATA STORAGE SYSTEM.
ACTION: Moved by Settle/Ewan to 1. Approve issuing a request for proposals for a
data storage system. 2. Authorize the CAO to award the contract if the best overall
proposal is within the approved budget of $285,000 for this project; motion carried
5:0.
C13. CANCELLATION OF THE DECEMBER 20. 2005, REGULAR CITY COUNCIL MEETING.
ACTION: Moved by Settle/Ewan to cancel the regular City Council meeting of
Tuesday, December 20, 2005; motion carried 5.0.
PUBLIC HEARINGS
ONE YEAR REVIEW OF A USE PERMIT TO ALLOW AN OUTDOOR BARBEQUE IN
CONJUNCTION WITH AN EXISTING DELI (OLD COUNTRY DELI) AND
MODIFICATION OF PROJECT CONDITIONS AT 600 MARSH STREET (AP- PC49 -04).
Associate Planner Hill presented the staff report.
Mayor Romero opened the public hearing.
Norm Ectaen, applicant, discussed steps taken to reduce the amount of smoke generated. He
pointed out that no complaints have been generated in the past year.
Dennis Adams, prior appellant, discussed his concerns regarding the daily operation of the '
barbeque and the continuing health problems resulting from the smoke. He asked that the
days of operation be limited.
City Council Meeting Page 5
Tuesday, November 1, 2005 — 6:30 p.m.
Jennie Kurtz, an employee next door to the Old Country Deli, spoke in support of Old Country
Deli.
Tom Swem, owner of nearby building, suggested that the remediation has been of assistance
and that all parameters of the permit should be followed.
Chris Richardson, owner of nearby property, suggested that the smoke may become a
problem in the area where a development is being planned. He also asked that the
requirements of the permit be followed.
Andrew Carter, San Luis Obispo, suggested that the use of the barbeque has ceased to be a
secondary function of the business and that it may be beneficial to define an incidental use. If
this use is no longer incidental, the business should then comply with restaurant
requirements.
Mayor Romero closed the public hearing.
Council discussion followed during which staff and the applicant responded to Council's
questions. Council consensus was to remove Condition #10, but to encourage the applicant
to work towards relocating the barbequing activity indoors with a standard hood and
ventilation system
ACTION: Moved by SettleJMulholland to adopt Resolution No. 9745 (2005 Series)
adopted modifying the permit for outdoor barbequing at 600 Marsh Street, AP -PC
490 -04; motion carried 5:0.
BUSINESS ITEMS
At this time, Mayor Romero presented Certificates of Appreciation to the following
members of the Campaign Regulations Committee: Chairperson GlennaDeane Dovey and
Members Matt Mackey, Pierre Rademaker, and Ken Schwartz. Member Dodie Williams was
acknowledged but was not present to receive her certificate.
2. AMENDMENTS OF THE CITY'S ELECTION CAMPAIGN REGULATIONS.
City Clerk Hooper, Committee Chair Dovey and City Attorney Lowell presented the staff
report and responded to questions related to the City's Supplemental Campaign Statement.
Public Comments
Committee Member Mackey spoke on retaining the City's Supplemental Campaign Statement,
but eliminating the newspaper publication. He explained why he thinks the City's form should
further match the State's (i.e., requiring disclosure of the employer's name, along with the
occupation [already required]).
Committee Member Schwartz discussed the importance of maintaining the newspaper
publication.
Committee Member Rademaker concurred. He also concurred with the recommendation to
modify the form.
Gary Fowler, San Luis Obispo, suggested that the sign ordinance doesn't need to address
signs on public property because the penal code regulates this. He suggested that each
candidate should submit a $100 deposit to ensure the removal of the signs after the election.
City Council Meeting
Tuesday, November 1, 2005 - 6:30 p.m.
Page 6
—end of public comments— '
Discussion followed during which Council Members clarified their positions: Council Member
Settle and Vice Mayor Ewan supported the Committee's recommendation; Council Member
Mulholland opposed the increase in the contribution limit but supported the remainder of the
Committee's recommendation; Council Member Brown opposed the newspaper publication
and the filing of the City's form; and Mayor Romero opposed the newspaper publication but
supported the remainder of the Committee's recommendation.
ACTION: Moved by Settle/Ewan to approve the Committee's recommendation as
follows: 1. Introduced Ordinance No. 1483 (2005 Series) amending Chapter 2.40 of
the Municipal Code as it relates to election campaign regulations, including minor
modifications to recommended by the City Attorney. 2. Approved the revised City
Supplemental Campaign Statement, with an amendment that eliminates the need to
report the occupation of the contributor at the $50 threshold, but requiring both the
occupation and employer to be reported at the State's threshold of $100. 3.
Approved continuing the newspaper publication and a budget transfer of $3,000
from the General Fund to the City Clerk's election budget for that purpose. Motion
carried 4:1 (Mulholland opposed the motion because she did not support the
increase in the contribution limit).
3. CONTRACT SERVICES WITH DOKKEN ENGINEERING TO PERFORM PHASE II OF
THE PROJECT REPORT-AND ENVIRONMENTAL SERVICES FOR THE LOS OSOS
VALLEY ROAD INTERCHANGE PROJECT - SPECIFICATION NO. 99821.90557 B.
Deputy Director of Public Works Bochum presented the staff report, following which Public
Works Director Walter discussed the importance of proceeding with Phase II of the Project
Report and the Environmental Impact ReporL
Public Comments
Peter Brown. SLOCOG, discussed the importance of this project and noted that it is a model
of how an interchange project should work
—end of public comments —
Council Member Settle encouraged staff to investigate incremental ways of doing this project
because of rising costs.
Mayor Romero noted the importance of the design allowing, in the future, for a modification
enabling this interchange to connect where Buckley Road would intersect with Higuera Street
if needed.
4.
ACTION: Moved by Mulholland/Ewan to 1. Approve a contract with Dokken
Engineering in an amount not to exceed $680,000 to perform consultant services to
prepare California Department of Transportation (Caltrans) Project Report and
Environmental Impact Report for the Los Osos Valley Road/US 101 Interchange
project, and authorize the mayor to execute the contract. 2. Appropriate $143,000
from the unreserved Transportation Impact Fee fund balance to fully fund this task;
motion carried 5:0.
i
City Council Meeting Page 7
Tuesday, November 1, 2005 - 6:30 p.m.
City Attorney Lowell presented the staff report.
Public Comments
None.
-end of public comments —
ACTION: Moved by Settle/Mulholland to introduce Ordinance No. 1484 (2005
Seriesl amending specified Municipal Code provisions to reflect changes in the law
and City enforcement procedures and to incorporate minor grammatical and gender
language revisions; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Settle reported on a Symposium on Disaster - Resistant Communities that
will commence at Cal Poly on November 5th.
.Mayor Romero reported on the October 27th Nacimiento Project Commission meeting. (His
written report is on file in the City Clerk's office.) He also discussed a letter sent to the
CSU Chancellor's office regarding off - campus behavior of students regarding amendments
to the Title V Disclosure Code.
COMMUNICATIONS
Council Member Mulholland asked, in light of Peter Schwartz's comments related to 1922
Johnson Avenue, whether there is an interest in agendizing a discussion on the subject of
infill in general.
There was not Council consensus to agendize this matter.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:10 p.m. to Tuesday, November 15, 2005 at 7:00 p.m. in the Council Chamber,
990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 11/15105
n
C:.
Audrey Hoop
City Clerk