HomeMy WebLinkAbout11/14/20061
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 14, 2006 - 5:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CALL TO ORDER: Mayor Romero called the meeting to order at 5:00 p.m.
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Vice Mayor Allen
Settle and Mayor Dave Romero were seated at Roll Call. Council
Member Brown was seated shortly thereafter.
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; Bill Statler, Finance Director; Monica Irons, Human
Resources Director; Deborah Linden, Police Chief; John Callahan,
Fire Chief; Jay Walter, Public Works Director; Phil Dunsmore,
Associate Planner; Jake Hudson, Traffic Engineer
Mayor Romero presented a Certificate of Appreciation to Cydney Holcomb, Residents for
Quality Neighborhoods, for her public service to the community since 1974 and for her
assistance to the City on a number of ventures during the past few years.
Al. APPOINTMENT TO THE MASS TRANSPORTATION COMMITTEE (MTC).
(BROWN/EWAN)
Council Member Brown presented the report.
ACTION: Moved by Brown /Ewan to appoint Diana Gould -Wells to serve as the
Member -at -Large on the MTC with a term beginning on November 15, 2006, and
expiring on March 31, 2007; motion carried 5:0.
BUSINESS ITEMS
1. 2005 ANNUAL TRAFFIC SAFETY REPORT.
Public Works Director Walter Traffic Engineer Hudson, and Police Chief Linden presented the
staff report and responded to Council's questions.
1 Public Comments
City Council Meeting Page 2
Tuesday, November 14, 2006 - 5:00 p.m.
Jesse Norris, Sands Suites and Motel, supported moving forward with the recommendation
for the Buena Vista and Garfield project at Monterey Street as soon as possible. 1
Daron Brewer, Chevron, also spoke in support of proceeding as soon as possible with the
Buena Vista and Garfield project.
Terry Mohan, San Luis Obispo, expressed concern regarding the cost for landscaping the
South Street corridor medians. He explained why he thought that the landscaping will
make the road more dangerous.
—end of public comments—
Staff clarified that a determination regarding the landscaping for the new medians along the
South Street Corridor can be delayed until the goal - setting process and be weighted against
other priorities at that time. However, delaying action on the funding for the Buena Vista and
Garfield project will delay the start of the project until after July.
Council discussion ensued during which Council Members supported proceeding with
appropriating $60,000 for the signal upgrades at Marsh and Santa Rosa, funding the
realignment of Buena Vista and Garfield at Monterey, and delaying action on the landscaping
of new medians along the South Street Corridor until the goal - setting process.
Concerns raised and suggestions made during Council discussion included: 1) There is a
need to use caution with the type of trees installed in landscaping medians, and to be aware
of the impact medians have on the aesthetics of the community. 2) The medians at the
southbound exit from Highway 101 to Madonna Road are problematic, and it is hoped
improvements to that intersection can proceed. 3) Staff should work with Caltrans on finding
funds for landscaping the South Street Corridor medians, as well as pursue other grants.
4) There is a need to connect Los Osos Valley Road and Buckley Road sooner than later.
5) There is a need to make additional improvements at the Los Osos Valley Road interchange.
ACTION: Moved by Settle/Ewan to: 1) Review and discuss the 2005 Annual Traffic
Safety Report and associated mitigation strategies. 2) Appropriate $60,000 from the
General Fund balance to cover cost increases for signal upgrades at Marsh & Santa
Rosa. 3) Approve an appropriation in the amount of $290,000 from the General
Fund unappropriated fund balance for the permanent realignment of Buena Vista &
Garfield at Monterey. 4) Consider funding as part of the 2007 -09 Financial Plan for
landscaping new medians along the South Street Corridor, estimated at $500,000;
motion carried 5:0.
CLOSED SESSION
City Attorney Lowell announced the following Closed Session topics.
Council Member Ewan stated that he would not be participating in the first Closed Session
discussion because of the property's vicinity in relation to his business.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: 2160 Santa Barbara Street (Fire Station No. 1) '
Negotiating Parties:
City of San Luis Obispo: John Callahan, Bill Statler
Landowner Representative: DeBeikes Investment Company
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City Council Meeting
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Page 3
Negotiations: Consider transfer of a portion of City's
property at 2160 Santa Barbara Street (Fire
Station No. 1) to owner of adjoining property
at 2238 Broad Street (The Village at Maymont)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiator: Karen Jenny, Monica Irons, Rick Bolanos
Employee Organization: San Luis Obispo Police Officers' Association
Following the Closed Session, City Attorney Lowell announced that the Closed Session was
held as announced.
Regarding the conference with the Property Negotiators, Council Member Ewan was absent
(recused) for this matter. Council provided direction to its Property Negotiators. There was
no further reportable action.
Regarding the conference with the Labor Negotiators, Council Member Ewan joined the
Closed Session. Council provided direction to its Labor Negotiators. There was no further
reportable action at this time.
Mayor Romero announced that there are vacancies on the Construction Board of Appeals, the
Jack House Committee, the Mass Transportation Committee, the Planning Commission, the
Promotional Coordinating Committee, and the Tree Committee. Residents interested in
obtaining more information or applying to one of these advisory bodies should contact the
City Clerk's office at 781 -7100.
No comments were forthcoming.
PUBLIC COMMENT
CONSENT AGENDA
In response to Council Member Mulholland, City Clerk Hooper explained that item C2,
Contract Extension for Cablecast Operations, is not related to the newly installed
broadcasting equipment. She clarified that staff is working with the contractor to resolve
concerns with the quality of the broadcast.
Council Member Mulholland said she would oppose item C6, Final Acceptance of Tract 2420.
CAO Hampian referred to item C7 and reported that the Architectural Review Commission
approved the Mills Act Contract for the Ah Louis Store contract by a 5:1 vote.
Mayor Romero announced that he would recuse himself from item C6, Final Acceptance of
Tract 2420, because it is in the vicinity of his residence.
ACTION: Moved by Ewan/Settle to approve the Consent Agenda as recommended by
the City Administrative Officer; motion carried as indicated below.
C1. MINUTES OF OCTOBER 3 AND 17.2006.
ACTION: Moved by Ewan/Settle to waive oral reading and approve the October 17,
2006, minutes as presented; motion carried 5:0. The October 3, 2006, minutes will
be presented for approval at the December 5, 2006, Council meeting.
City Council Meeting
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Page 4
C2. CONTRACT EXTENSION FOR COUNCIL CHAMBER CABLECAST OPERATIONS.
ACTION: Moved by Ewan /Settle to approve a one -year extension to the contract
with KCBX/SLONET in an amount not to exceed $35,000 for Cablecast Operations
and authorize the Mayor to execute the contract extension; motion carried 5:0.
C3. AMENDMENT TO CAL POLY WATER AND SEWER AGREEMENT.
ACTION: Moved by Ewan/Settle to approve Amendment No.1 to the Water and
Sewer Rate Agreement between the City and California Polytechnic State University
establishing water and sewer rate structures for the Bella Montana development
and authorize the Mayor to execute the Amendment; motion carried 5:0.
C4. REFUND PROCEDURES.
ACTION: Moved by Ewan/Settle to: Introduce, by title only, Ordinance No. 1499
(2006 Series) amending the Municipal Code by adding Section 1.08.140 establishing
procedures for filing claims for refunds; motion carried 5:0.
C5. TRAVEL AND MEETING GUIDELINES UPDATE.
C6.
C7.
2.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9850 (2006 Series)
updating the City's travel and meeting guidelines; motion carried 5:0.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9851 (2006 Series)
accepting the public improvements, certifying completion of the required private
improvements, and releasing the bonds for Tract 2420; motion carried 3:1:1
(Mulholland opposed; Romero recused).
ACTION: Moved by Ewan /Settle to adopt Resolution No. 9852 (2006 Series)
approving a Mills Act contract for the historic Ah Louis Store located at 800 Palm
Street; motion carried 5:0.
PUBLIC HEARINGS
This item was continued to a date uncertain and no action was take on it. It will be re-
noticed in accordance with law.
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City Council Meeting
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Community Development Director Mandeville and Associate Planner Dunsmore presented
' the staff report and responded to Council's questions.
Mayor Romero opened the public hearing.
Pierre Rademaker, representing the applicant, made a visual presentation of the proposed
sign and summarized the various components of the proposal.
Fred Vernacchia, applicant, explained that no exceptions or variances have been requested
for this project and discussed some of the components of the proposal.
Brian Starr. Architect, explained that the standards for the Airport Area Specific Plan do not
apply in this case and why he thinks the proposed sign is permitted.
Deborah Cash, Downtown Association, spoke about the design contributions Mr. Vemacchia
has made to the community, said that the information element in the proposed sign program
could benefit the City, and said that the Downtown Association supports the proposal.
Paige Covell. San Luis Obispo, also spoke in support of the proposed sign program.
Mayor Romero closed the public hearing.
Vice Mayor Settle explained that he would support the appeal and approve the sign because
it is appropriate in light of the lot frontage and would reduce the amount of signage that
would otherwise be installed.
' Council Member Brown said that he would support the appeal and the sign because it is
more appropriate than some of the existing marquee signs that have been allowed.
However, he did not want it to blink, flash or scroll.
Council Member Ewan spoke in opposition to the appeal. His concerns related to the
applicant not being the owner of the site in the future, to the size of the proposed message
board, and to the precedent that would be set if the sign is approved.
Council Member Mulholland also spoke in opposition to the appeal. Her concens included
the height of the proposed sign and the potential for setting a precedent if it is approved.
Mayor Romero expressed concern about the potential precedent the sign as proposed
might set. However, he said he did not oppose electronic signs and could support the
proposal if the sign did not flash, scroll, blink, or advertise community events. He said the
sign should be informational and only used for identification purposes.
A brief discussion followed regarding the need to implement controls and the challenges
that may arise related to enforcing the sign regulations for this sign in the future.
In response to Council Member Mulholland, City Attorney Lowell clarified that the approval
of this sign and its conditions are tied to the land and not to the owner.
ACTION: Based on the nature of the 700 -foot street frontage and the configuration
of the lot, it was moved by Settle/Brown to adopt Resolution No. 9853 (2006 Series)
upholding the appeal of the Planning Commission action to deny the electronic
message center sign with the understanding that the sign will be dedicated to
tenants, will not flash, blink, scroll or otherwise attract attention, and must retain its
City Council Meeting
Tuesday, November 14, 2006 - 5:00 p.m.
Page 6
message for a minimum of five minutes; motion carried 3:2 (Ewan/Mulholland
opposed). ,
4. APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY A MINOR
COURT (MS 158 -04).
Associate Planner Dunsmore presented the staff report and responded to Council's
questions.
Mayor Romero opened the public hearing.
Andrew Merriam, Wallace Group, representative for the applicant, spoke in support of the
appeal. He discussed how widening the driveway as proposed would improve the existing
condition and responded to Council's questions.
Jerry Reiss, applicant, displayed a drawing depicting and discussed the turn - around for the
fire department.
The following San Luis Obispo residents spoke in opposition to the appeal and asked
Council to uphold the Planning Commission's action denying the subdivision. Their
concerns included, in part, access for fire engines, access to Johnson Avenue and unsafe
traffic conditions that would result, a potentially significant loss of landscape, the change
that would result in the character of the neighborhood, loss of privacy for the adjacent
property owners, an increase in the housing density, and that Augusta would provide better
access than Johnson.
Gary Corsiglia
Rolf Monteen
Scott Morey
Brad Daane
Melinda Monteen
Ed Mayo
Robert Cooper
Jeremy Fissell
Mayor Romero closed the public hearing.
Council Members discussed their opposition to the appeal. Their concerns included the
number of exceptions being requested, the change to the character of the neighborhood
that would result, the loss of vegetation that would occur, the possibility that there is not
adequate space for safety /fire vehicle access, the amount of traffic that would be generated
and safety issues on Johnson Avenue, and that access of Augusta is preferable.
ACTION: Moved by Mulholland/Brown to adopt Resolution No. 9854 (2006 Series)
denying the appeal and upholding the Planning Commission's action to deny the
subdivision, based on findings; motion carried 5:0.
5. REVIEW AND RECONSIDERATION OF RELOCATION ASSISTANCE ELIGIBILITY FOR
THE ROSE GARDEN INN.
At the request of the legal counsel for the owners of the Rose Garden Inn, this hearing was
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postponed and no action was taken (request on file in the City Clerk's office).
City Council Meeting Page 7
Tuesday, November 14, 2006 - 5:00 p.m.
Recessed from 9:14 to 9:24 p.m.
6. APPEAL OF TAXI DRIVER'S PERMIT DENIAL.
Police Chief Linden presented the staff report regarding her denial of a taxi driver permit to
Patrick J. Wright She and City Attorney Lowell responded to Council's questions.
Vice Mayor Settle questioned, for the record, whether the performance standard in Municipal
Code section 5.20.210 is excessive.
City Attorney Lowell explained that the Municipal Code provides for a right of appeal and
gives the applicant an opportunity to provide evidence that denial of his taxi permit was not
justified.
Council Member Mulholland suggested that Council may want to address the portion of the
Municipal Code relating to taxi driver permits.
Mayor Romero opened the public hearing.
Patrick Wright. Appellant, spoke on behalf of his appeal and asked Council to grant him the
permit He clarified that omitting the required information on part 5 of the permit
application was unintentional, and that he misunderstood the form since his criminal
history was included on part 2. He presented Council with letters of recommendation from
former Mayor Ron Dunin and San Luis Auto Salvage owner Randy Jorgensen, as well as a
letter from Jeff Goldenberg, CEO of Beach Cities Cab Co., Inc. (on file in the City Clerk's
office). In response to Council Member Brown, he provided a copy of his driving record,
and confirmed that other than a minor fender bender in 2004, there has been nothing on his
record since 1993.
Mayor Romero closed the public hearing.
Council discussion followed regarding the intention of the Municipal Code and Council's
authority to grant the appeal.
City Attorney Lowell clarified that while the Municipal Code is strict, it also includes an
appeal provision that gives Council flexibility to determine whether the applicant has
submitted sufficient evidence showing that denial of the permit is inappropriate.
Vice Mayor Settle and Councilmembers Brown and Ewan spoke in support of the appeal,
taking into consideration Mr. Wright's driving record since 1993 and the letters of
recommendation he has received in support of his application. They also expressed concern
regarding the strictness of the Municipal Code, but concurred with City Attorney Lowell's
clarification regarding the appeal provision.
Council Member Mulholland and Mayor Romero indicated that they could not find a basis in
the Municipal Code as it is currently written for overturning the decision of the Policy Chief to
deny the permit and so would not support the motion.
ACTION: Moved by Brown/Ewan to uphold the appeal and overturn the action of the
Police Chief to deny Patrick J. Wright a taxi driver's permit; motion carried 3:2
' (Mulholland, Romero opposed). Council also directed staff to review and return
with recommended revisions to the Municipal Code sections governing taxi driver
permits, as well as appeals.
City Council Meeting Page 8
Tuesday, November 14, 2006 - 5:00 p.m.
BUSINESS ITEMS
7. ADVISORY BODY RECRUITMENT, INTERVIEW, AND APPOINTMENT PROCESS.
City Clerk Hooper presented the staff report and responded to questions.
Public Comments
No comments were forthcoming.
—end of public comments—
During the ensuing discussion, Council Member Ewan discussed the need to expand the
City's public relations efforts. He suggested that advisory bodies' accomplishments should
be promoted, and that there should be consistency in the format of advertisements and use of
the City logo. He further suggested that the public relations efforts should be extended
beyond the advisory body process.
Council Member Mulholland expressed her hope that funding would be restored to the City
Clerk's budget for additional display ads related to Council meetings.
City Clerk Hooper clarified that the recommendation to eliminate make -up interviews does not
preclude Council subcommittees from conducting telephone interviews if the necessity
arises.
ACTION: Moved by Mulholland/Settle to modify the City Advisory Body
appointment process to improve outreach and simplify the process, as follows: a.
Review and improve an expanded outreach program. b. Include Friday mornings as
possible interview times. c. Conduct make -up interviews only when there are not
enough candidates to fill the positions at the appointed interview time. d. Utilize
one Council Agenda Report for all appointments made during the annual
recruitment period except for the Downtown Association; motion carried 5:0.
ACTION: Council directed staff to, in consultant with Advisory Body Chairs; to: a)
Pursue the feasibility of reducing the number of members serving on individual
advisory bodies. b) Investigate removing term limits. c) Investigate the feasibility of
appointing non - residents as ex- officio members to the Jack House Committee;
motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the November a Integrated Waste
Management Authority Board Meeting.
Vice Mayor Settle referred to the activities of the Revenue Taxation Committee for the League
of California Cities.
Mayor Romero reported on the October 26th Nacimiento Commission meeting, and the
November 8' SLO Council of Governments and SLO Regional Transportation Authority
meetings. (His reports are on file in the City Clerk's office.)
COMMUNICATIONS
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Council Member Ewan acknowledged the impact San Luis Obispo which resulted in a flier
being included with PG &E bills that advised retailers and commercial business owners that
they are wasting money when they leave their doors open.
Council Member Brown expressed appreciation to the statewide voters for opposing
Proposition 90 and to SLO voters for supporting Measure Y. He also expressed appreciation
to SLO candidates for running an ethical campaign.
Mayor Romero noted that he sent a letter to the editor of The Tribune thanking the
community, the Chamber of Commerce and the citizens committee for their efforts related to
Measure Y.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:50 p.m. to a Special Meeting on Thursday, November 16, 2006, in the
Council Chamber, 990 Palm Street, San Luis Obispo. / JN
Audrey Ho er C
City Cler
APPROVED BY COUNCIL: 12/05/06
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