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HomeMy WebLinkAbout10/03/2006MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 3, 2006 6:30 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Vice Mayor Allen Settle and Mayor Dave Romero. Council Member Brown was seated at the commencement of the Closed Session. City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; John Mandeville, Community Development Director; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; Jay Walter, Public Works Director; Jeff Hook, Senior Planner; Kim Murry, Deputy Director Long Range Planning CLOSED SESSION City Attorney Lowell announced the following Closed Session topic. 1 CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 315 Acres on West Cuesta Ridge in the Los Padres National Forest Negotiating Parties: City of San Luis Obispo: Neil Havlik, Jonathan Lowell Landowner: Union Pacific Railroad Negotiations: Property Acquisition Following the Closed Session, City Attorney Lowell announced that the Closed Session was held as announced. There was no reportable action at this time. Mayor Romero announced that the City is in the process of upgrading its broadcasting equipment for Channel 20, and, as a result, rebroadcasting of meetings may be delayed. He also announced that the City is recruiting for members on the following advisory bodies: Jack House Committee, Mass Transportation Committee and Tree Committee. Interested residents should contact the City Clerk's office. INTRODUCTION/PRESENTATIONS Police Chief Linden introduced new Police Officer Cory Pierce. Mayor Romero, CAO Hampian, and Human Resources Director Irons presented Service Awards to City employees. ' Mayor Romero presented a proclamation to Ann Havlik recognizing October as Dental Hygiene Month. City Council Meeting Tuesday, October 3, 2006 - 7:00 p.m. Page 2 Ms. Havlik acknowledged the Clinica de Tolosa Dental Clinic in Paso Robles, which has operated for three years and provides services to uninsured children. Mayor Romero presented a proclamation to Ron Clark and Elise Wheeler, San Luis Obispo County Historical Society, recognizing the 150' Anniversary of the Dallidet Adobe. Mr. Clark invited Council and the public to participate in the Adobe's "Birthday Party" on October 8th in the Dallidet Adobe gardens. PUBLIC COMMENT Joe Carotuneti, San Luis Obispo, discussed his involvement researching and promoting the history of the City. He displayed a brochure he wrote regarding the current Mission Plaza and its historical roots, as well as his most recent articles published in the SLO County Journal in October having to do with the City's name and its four incorporations. He presented each Council Member with a copy of a publication he wrote regarding the history of the "Town" of San Luis Obispo from 1850 to 1876 in honor of the City's Sesquicentennial. Don Hedrick, San Luis Obispo, reiterated concerns he has expressed in the past regarding potential problems with Orcutt Creek since it has apparently been backfilled with construction materials. Public Works Director Walter discussed staff's responses to Mr. Hedrick and clarified that the property isn't City-owned at this time. Gary Fowler, San Luis Obispo, expressed his continuing desire that residents oppose the tax increase on the November ballot and explained why he has taken this position. Jan Marx, San Luis Obispo, asked Council to consider inviting representatives from San Luis Obispo Council of Governments ( SLOCOG) and Caltrans to make an informational presentation to Council on the subject of the Dalidio Ranch initiative and its potential environmental impacts. She also asked Council to agendize an item to consider taking a position on Measure J at the October 17"' meeting. She distributed a statement made by Mayor Tony Ferrera, Arroyo Grande, opposing Measure J (on file in the City Clerk's office). Linda Seele , San Luis Obispo, also asked Council to invite SLOCOG and Caltrans to the October 17 Council meeting. Evelyn Delmartini, San Luis Obispo, asked the City Attorney to clarify the regulations related to politicking on a tax measure. City Attorney Lowell explained that while law prohibits expenditure of public money on a ballot measure campaign, individual Council Members can express personal views on a measure and can use their current titles when doing so. Deborah Cash, San Luis Obispo, former business owner, urged Council to consider agendizing Measure J for public discussion on October 17'" and to adopt a position in the same manner as the City of Arroyo Grande has done. CONSENT AGENDA Council Member Mulholland commented on item C3, Swim Center Therapy Pool, and expressed appreciation that the City is able to move forward on this project. City Council Meeting Tuesday, October 3, 2006 - 7:00 p.m. Page 3 Council Member Brown and Mayor Romero referred to item C7, Proposition 90, and briefly discussed the adverse impacts that will result if it is passed. Patricia Wilmore, San Luis Obispo Chamber of Commerce, said that the Chamber has taken a position against Proposition 90, as has the California State Chamber of Commerce. ACTION: Moved by Mulholland/Settle to approve the Consent Agenda as indicated below; motion carried 5:0. C1. MINUTES OF TUESDAY, SEPTEMBER 19. 2006. ACTION: Moved by Mulholland/Settle to waive oral reading and approve as presented; motion carried 5:0. C2. SAN JUAN DRIVE ABANDONMENT (ABAN 155 -04) — MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLETE CONDITIONS. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9846 (2006 Series) approving a one -year time extension to complete conditions set forth in Resolution No. 9676 (2005 Series) and modifying the conditions relating to the abandonment of San Juan Drive; motion carried 5:0. C3. SWIM CENTER THERAPY POOL, SPECIFICATION NO. 90093B. ACTION: Moved by Mulholland/Settle to: 1) Approve plans and specifications for the "Swim Center Therapy Pool, Specification No. 9009313" project and authorize staff to advertise for bids for project construction. 2) Authorize CAO to award the contract if lowest responsible bid is within the Engineer's Estimate of $300,000. 3) Approve Addendum No. 2 in the amount of $1,500 to Rowley International, Inc. for additional design services and increase the encumbrance an additional $1,500 to cover estimated reimbursable expenses associated with the consultant's contract. 4) Approve the transfer of $21,785 from the complete Swim Center Sand Filtration project account to the project budget. 5) Appropriate $124,216 from the unappropriated balance of the Parkland Development Fund: motion carried 5:0. C4. C5. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9847 (20 06 Series) authorizing application to the California River Parkways Grant program for grant funds in amount of $220,000 in support of infrastructure improvements to the Bob Jones Trail along San Luis Obispo Creek between Prado Road and Los Osos Valley Road; motion carried 5:0. ACTION: Moved by Mulholland/Settle to approve extension of the existing tease with Mr. Fred Glick of the City -owned property in Stenner Creek Canyon to June 30, ' 2007; motion carried 5:0. City Council Meeting Page 4 Tuesday, October 3, 2006 - 7:00 p.m. C6. APPROVAL OF IN -LIEU FEE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO AND LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY. ACTION: Moved by Mulholland/Settle to approve the Agreement between the City of San Luis Obispo, County of San Luis Obispo, and Land Conservatory of San Luis Obispo County regarding use of the City -owned Filliponi Ecological Area for mitigation purposes, subject to non - substantive changes approved by the City Attorney, and authorizing the Mayor to sign the Agreement; motion carried 5:0. C7. RESOLUTION OPPOSING PROPOSITION 90, AN INITIATIVE CONSTITUTIONAL AMENDMENT. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9848 (2006 Series) opposing Proposition 90, an initiative Constitutional Amendment relating to government acquisition and regulation of private property; motion carried 5:0. PUBLIC HEARINGS 1. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S RECOMMENDED FUNDING PRIORITIES FOR THE 2007 GRANTS -IN -AID (GIA) AND.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS. Senior Planner Hook presented the staff report, following which Human Relations Commission (HRC) Chairperson Nichols expanded on the HRC's recommendation. Mayor Romero opened the public hearing. In response to Biz Steinberg. Economic Opportunity Commission, staff confirmed that the Emergency Shelter, homelessness prevention and homeless services are still included in the recommendation. Mayor Romero closed the public hearing. Council Member Mulholland asked staff to consider using inserts in utility bills as one way in which the community can provide input regarding unmet needs. ACTION: Moved by Mulholland/Brown to establish the GIA and CDBG funding priorities for 2007; motion carried 5:0. BUSINESS ITEMS +1 Deputy Director Long Range Planning Murry presented the staff report and responded to questions. Public Comments Scott Smith, People's Self -Help Housing, discussed the history of and spoke on behalf of the project Biz Steinberg, Economic Opportunity Commission, urged Council to support the request. City Council Meeting Tuesday, October 3, 2006 - 7:00 p.m. Page 5 —end of public comments- ' ACTION: Moved by Ewan/Mulholland to: 1) Determine that the People's Self Help Housing Corporation's request for $500,000 for construction of an affordable housing mixed -use project meets City Affordable Housing Fund award criteria set by previous Council action. 2) Authorize the CAO to execute an agreement, upon approval by the City Attorney, with the People's Self Help Housing Corporation for a deferred payment loan of $500,000 from the City's Affordable Housing Fund (AHF) and inclusive of other terms, as outlined in the staff report; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Ewan reported on the recent Air Pollution Control District meeting and announced that SMART Energy Solutions will hold a workshop on October 10`" at the Veteran's Hall. He noted that October 16'h through 20"' is Ride Share Week, and that October 7d' is the Economic Opportunity Center Home Tour throughout San Luis Obispo County. Council Member Mulholland reported on her attendance at a workshop on September 215` of the Water Resources Advisory Committee related to an update of the County's General Plan Conservation Element. Mayor Romero and Council Member Brown reported on their attendance at a recent Student Community Liaison Committee meeting. COMMUNICATIONS ' Council Member Brown referred to the October 2nd letter from the Economic Opportunity Commission (EOC) requesting a letter from the City supporting the EOC's application for a state grant to develop a strategic plan for long -term homeless services. Council directed staff to draft a letter of support. Council Member Mulholland asked Council to consider inviting SLOCOG and Caltrans to the City's October 110 meeting to provide information on Measure J, as requested by Ms. Marx and Ms. Seeley during Public Comments. Following discussion, a majority of the Council members concurred that a presentation by SLOCOG and Caltrans should be placed on the Agenda. Council Member Brown and Mayor Romero opposed the recommendation. Mayor Romero explained that he would prefer this item be a liaison report from the Council's liaisons on the Lenthall Task Force. Council Member Mulholland also asked Council to consider placing an item on the October TT-Agenda enabling Council to take a position on Measure J. Discussion followed, after which a majority of the Council members concurred to place this matter on the October 17th Agenda. Council Member Brown and Mayor Romero opposed the recommendation. ' Council Member Brown opposed this request because he felt it is unlikely Council will be able to take action on it and so it would not be a productive use of time. City Council Meeting Tuesday, October 3, 2006 - 7:00 p.m. Page 6 City Attorney Lowell clarified that although Vice Mayor Settle may take a position regarding calendaring agenda items, Vice Mayor Settle must recuse himself from consideration by Council to take a position on Measure J. City Attorney Lowell reminded Council that although Council can go on record in support of or opposition to a measure, State law prohibits spending money to do so. Then: being no further business to come before the City Council, Mayor. Romero adjourned the meeting at 8:50 p.m. to Tuesday, October 17, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Hoo r City Clerk APPROVED BY COUNCIL: 12/05/06 L