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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 20, 2007 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Andrew Carter, Allen Settle, Vice
Mayor Christine Mulholland and Mayor Dave Romero
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; Deborah Linden, Police Chief;
John Callahan, Fire Chief; John Moss, Utilities Director; Jay Walter,
Public Works Director; Betsy Kiser, Parks & Recreation Director;
Monica Irons, Human Resoures Director; Barbara Lynch, City
Engineer; Dave Hix, Wastewater Division Manager; Kim Murry,
Deputy Community Development Director -Long Range Planning;
Doug Davidson, Deputy Community Development Director -
Development Review; Jeff Hook, Senior Planner; Ron Munds,
Utilities Conservation Coordinator; Michael Codron, Associate
Planner
INTRODUCTIONS
Public Works Director Walter introduced new Public Works employee Manuel Guzman,
Engineer I.
Fire Chief Callahan introduced Tom Weidner and Amy Foley, who reported a fire at a home
on Broad Street on February 5t° in which eight people were sleeping. Mr. Weidner and Ms.
Foley were presented with Certificates of Commendable Action.
Mayor Romero presented a proclamation to Marguerite Maxwell, member of the current
Grand Jury, and Jim Ragan, President of the Former Grand Jurors Association, recognizing
February 2007 as Grand Jury Awareness Month.
Mayor Romero presented a proclamation to Pamela Werth, Feline Network Representative,
recognizing February 27, 2007, as Spay Day.
APPOINTMENTS
RECOMMENDATION FOR APPOINTMENTS TO THE JACK HOUSE AND TREE
City Council Meeting
Tuesday, February 20, 2007 - 4:00 p.m.
Page 2
Mayor Romero reported on the interviews for the Jack House Committee. One vacancy
exists due to the resignation of John Tischler, Member -at- Large, and one due to the
passing of Wes Conner, Cal Poly School of Agriculture and Natural Resources
Representative.
ACTION: Moved by Romero /Brown to appoint: a) Kathi Settle as the Member -at-
Large for a term expiring on March 31, 2011; and b) Robert Gordon, as the Cal Poly
School of Agriculture and Natural Resources Representative, for a term with no
expiration date; motion carried 4:0:1 (Settle abstaining).
Council Member Brown reported on the interviews for the Tree Committee. One vacancy
exists due to the resignation of Katie Hall.
ACTION: Moved by Brown/Mulholland to appoint Katie Thaxter to serve a term
expiring on March 31, 2010; motion carried 5:0.
BUSINESS ITEMS
1. UPDATE ON INFRASTRUCTURE MAINTENANCE.
Public Works Director Walter and City Engineer Lynch presented the staff report. They, CAD
Hampian and Finance Director Statler responded to questions throughout the presentation.
Council Member Settle stated, for the record, that four lanes may not be adequate from the
Circuit City area to the Los Osos Valley Road interchange because of the traffic increases
resulting from new commercial development.
Mayor Romero discussed the need to reconstruct the portion of Osos Street fronting the
Courthouse.
Vice Mayor Mulholland questioned whether it would be possible to combine the lateral
program with the pavement management program.
Public Comments
None.
--end of public comments—
Council Member Carter explained why he preferred having one index for arterial streets and
a lower index for neighborhoods.
Mayor Romero spoke about the need to implement an aggressive street maintenance
program as soon as possible.
ACTION: The report regarding infrastructure maintenance, including upcoming
pavement and infrastructure projects, how Measure Y will support enhanced efforts,
and how the Pavement Management Plan works was reviewed and discussed.
2. 2006 -07 MID -YEAR BUDGET REVIEW.
Finance Director Statler reviewed the City's mid -point financial condition and responded to
Council's questions. All Department Heads were present to respond to questions.
City Council Meeting Page 3
Tuesday, February 20, 2007 - 4:00 p.m.
In response to Council Member Carter, Fire Chief Callahan provided additional information
1 on the need and funding for a Type III Fire Engine.
ACTION: Moved by Settle/Brown to approve revenue and expenditures changes
presented in the Mid -Year Budget Review document; motion carried 5:0.
Assistant CAD Stanwyck reported on the status of the Major City Goals at the mid -point of
2006 -07. She, Finance Director Statler and Public Works Director Walter responded to
questions.
Discussion followed regarding the state of the landscaping in the Highway 1 medians as
well as the status of the railroad trail from Highway 101 to Cal Poly.
Public Comments
None.
—end of public comments—
ACTION: The report was reviewed and discussed.
CONSENT AGENDA
ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. APPROVE MINUTES OF JANUARY 27 AND 31, AND FEBRUARY 6. 2007. MEETINGS.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9874 (2007 Series)
endorsing the proposed policy which outlines the circumstances under which the
City is willing to subordinate its position to other loans on deed- restricted
affordable housing units; motion carried 5:0.
C3. MISSION PLAZA STEPS REPLACEMENT PROJECT, SPECIFICATION NO. 90685.
ACTION: Moved by SettletMulholland to appropriate $45,000 from Public Works
carry over funding for replacement of the Mission Plaza Steps and transfer it to the
project account; motion carried 5:0.
Council concurred to reorder the Agenda to consider Council Liaison Reports and
Communications items at this time.
COUNCIL LIAISON REPORTS
Vice Mayor Mulholland reported on her attendance at the February 7"' County Water
Resources Advisory Committee meeting.
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Tuesday, February 20, 2007 - 4:00 p.m.
Council Member Carter reported on his attendance at the Promotional Coordinating
Committee meeting last week 1
Mayor Romero reported on his attendance at the San Luis Obispo Council of Governments
(SLOCOG) meeting on February 7"'. (His written report is on file in the City Clerk's office.) He
also reported on his attendance at the Nacimiento Commission meeting on February 15"'.
COMMUNICATIONS
Council Member Carter inquired whether Council is willing to direct staff to do further
research and revisit the issue of proactively inspecting one - rental or two-rental properties.
A brief discussion followed. However, there was not consensus to revisit this matter.
Council Member Carter then asked whether Council would be willing to revisit the current
non -fined based approach to code enforcement.
A brief discussion ensued during which staff clarified that the City has the ability to assess
administrative penalties.
Council directed staff to include a task in the work program for neighborhood wellness that
will include fines, incentives and other tools in conjunction with code enforcement.
In accordance with a request from Vice Mayor Mulholland, Council directed staff to investigate
pursuing an application for the League of American Bicyclists' Bicycle Friendly Community
designation for the City of San Luis Obispo.
Recessed at 6:23 p.m. The meeting reconvened at 7:00 p.m. with all members present
INTRODUCTIONS
Police Chief Linden introduced the following new Police Department employees: Jeff
Koznek, Police Officer; Carey Mills, Communications Technician; Trent Cuaresma,
Americorp employee who will be conducting a needs assessment for the Police Department
volunteer program.
PUBLIC COMMENT
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding
harassment.
PUBLIC HEARINGS
3.
Communitv Development Director Mandeville, Cultural Heritage Commissioner (CHC) Dan
Carpenter, and Senior Planner Hook presented the staff report. Deputy Community
Development Director Murry, CHC Chairperson Chuck Crotser and Commissioner Barbara
Breska were also present. Senior Planner Hook, Commissioner Carpenter and Chairperson
Crotser responded to questions.
Mayor Romero opened the public hearing.
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City Council Meeting
Tuesday, February 20, 2007 - 4:00 p.m.
Page 5
Cheryl Burcheri, Real Estate Broker in San Luis Obispo, discussed the value buyers of
historic homes place on a historic designation and the benefit of that designation to the
community.
Ellie Malvkont, representing the owners of 2003 Swazey, distributed a letter from the property
owners (on file in the City Clerk's office) asking that their property not be included in the
Contributing Properties List.
Brian Rolph, San Luis Obispo, suggested that the proposed designation could be considered
negatively, such as an imposition of tariffs.
Chuck Crotser, Chair of the CHC, discussed the importance of the recommendation in the
preservation of individual properties and the character of the neighborhood.
Gary Kounanis,1908 Ruth Street, discussed his request to exclude his property from the
designation.
Mayor Romero closed the public hearing.
Senior Planner Hook clarified the meaning of the designations and explained why 2033
Swazey Street, 1908 Ruth Street and 1136 Iris Street were recommended for inclusion in the
Contributing Properties List.
Vice Mayor Mulholland and Council Member Settle discussed their support of the
recommendation.
A brief discussion ensued during which Council Members Brown, Carter and Mayor
Romero expressed concern about the potentially negative impact the designation could
have on property owners.
Mayor Romero suggested that Council consider removing the three properties mentioned
previously from the list. He explained why he thought the designation should not be
mandatory.
MOVED BY SETTLE TO APPROVE THE CAD RECOMMENDATION WITH THE DELETION OF
THE PROPERTIES AT 2033 SWAZEY STREET, 1136 IRIS STREET AND 1908 RUTH STREET.
Discussion ensued regarding the precedent that could be set if these properties are
excluded and whether a finding could be made to exclude them that isn't contrary to
General Plan policy.
MOTION FAILED DUE TO LACK OF A SECOND.
During the discussion that followed, Community Development Director Mandeville and CAD
Hampian responded to questions and explained the process that is available for property
owners to request a change to the designation.
Council Member Carter said that he would support the motion with reservations since a
component of the General Plan is to preserve the heritage of neighborhoods.
ACTION: Moved by Settle/Mulholand to adopt Resolution No. 9875 (2007 Series)
adding the following properties to the Contributing Properties List: 1342 Breck
Street; 1013, 1015, 1240, 1255, 1265, 1345 #17 Ella Street; 1672 Fairview Street; 1043,
City Council Meeting
Tuesday, February 20, 2007 - 4:00 p.m.
Page 6
1127, 1205, 1215, 1234, 1236 George Street; 1136, 1139, 1140, 1204 Iris Street; 1985,
2105 Johnson Avenue; 907, 2056 Rachael Street; 1908 Ruth Street; and 2006, 2033
Swazey Street; motion carried 3:2 (Brown/Romero opposed).
Mayor Romero and Council Member Brown stated for the record that they are in favor of the
program, but opposed to the mandatory inclusion of all properties.
4.
Deputy Director Community Development Davidson presented the staff report.
Mayor Romero opened the public hearing.
Bryan Rolph, representing the applicant, spoke in support of the application.
Mayor Romero closed the public hearing.
Vice Mayor Mulholland said that while she is concerned about the loss of affordability that
results when rentals are converted to condomiums, she would support this project because
of the size of the units, because the project includes two very-low income units, and
because it is an upgrade to the neighborhood.
ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9876 (2007 Series)
which approves the tentative tract map to allow individual sale of sixteen
condominium units at 1043 Ella Street, based on findings and subject to conditions
and code requirements; motion carried 5:0.
5.
Utilities Conservation Coordinator Munds presented the staff report. He and Utilities
Director Moss responded to questions.
Tom Martin, General Manager, San Luis Garbage, discussed the funding for and types of
vehicles that will be purchased.
Mayor Romero opened the public hearing.
None.
Mayor Romero closed the public hearing.
A brief discussion ensued in support of the recommendation.
ACTION: Moved by Mulholland/Brown to adopt Resolution No. 9877 (2007 Series)
increasing solid waste rates by 6.3% to become effective on April 1, 2007; motion
carried 5:0.
Council recessed at 8:45 p.m. and reconvened at 8:55 p.m. with all members present.
it
City Council Meeting Page 7
Tuesday, February 20, 2007 - 4:00 p.m.
6. REVIEW STEPS RELATED TO THE CITY'S PROPOSED ANNEXATION OF THE
' MARGARITA AREA AND AIRPORT AREA.
Community Development Director Mandeville and Associate Planner Codron presented the
staff report. They and Cao Hampian, Finance Director Statler and Utilities Director Moss
responded to questions.
Public Comments
Warren Dolezal, owner of property at the intersection of Los Osos Valley Road and South
Higuera Street, asked Council to consider amending CAD recommendation #3 to allow other
phase 1 property owners to be included in the discussion regarding interim wastewater
service as part of the annexation process.
Scott Lathrop. San Luis Obispo, explained why it would not be advantageous to include
property with which he has been involved (in the vicinity of Broad Street) in the annexation
process. His concerns included the timing of his project and the length of time before City
sewer systems would be available.
Tv Safreno, San Luis Obispo, referred to his business, Trust Automation company, located on
the western comer of Tank Farm Road and the realigned Santa Fe Road. He opposed
annexation because of the length of the process and lack of benefits to his project. He also
expressed concern regarding the fees that would result.
Terry Simons, representing the Damon Garcia family, explained their property is planned to be
annexed as part of phase 1 and asked that an interim solution for the sewer services be
granted as part of the development agreement.
Bill Almas, San Luis Obispo, questioned requiring new development to pay for pre-existing
conditions and problems that have not been mitigated, and suggested that creative ways
need to be found to fund this infrastructrure.
Patricia Wilmore, representing Chamber of Commerce, referred to a letter from the Chamber
(on file in the City Clerk's office) containing their concerns regarding fees and asking that
creative fee financing or bonding be implemented to make development feasible.
John French, San Luis Obispo, expressed concern that the free structure will create a
situation where properties with the same zoning could have a fee structure that is twice as
large for transportation fees as a property immediately adjacent to it.
Charley Senn, San Luis Obispo, owner of property on the east side of Broad Street, expressed
concern regarding the length of time it will take to accomplish the annexation and the need for
the City to provide utilities for properties that will be annexed so that owners can rely on their
availibility, in order to develop the property within a specific period of time.
—end of public comments—
Staff and Paul Hood, LAFCO Executive Officer, responded to Council's questions.
Council Member Settle spoke in support of the CAD recommendation, but discussed the need
to allow flexibility that would enable phase 1 property owners to receive services as soon as
feasible.
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Page 8
Vice Mayor Mulholland said she has not heard new information that would change her
position of continuing to oppose annexing the Airport area.
Council Member Brown spoke in support of the CAO recommendation.
Council Member Carter also spoke in support of the CAO recommendation, but wanted it to
be amended to permit extending service agreements for interim wastewater service to
property owners adjacent to existing infrastructure.
Mayor Romero also spoke in support of the CAO recommendation and extending service
agreements for interim wastewater service as noted by Council Member Carter.
ACTION: Moved by Settle/Romero to: 1) Pursue annexation of Margarita Area and Airport
Area properties according to the proposed phasing plan, which identifies sub -areas that
could be annexed in two or more phases. 2) Endorse the use of a standard pre - annexation
agreement between the City and interested property owners with unique circumstances. 3)
Endorse discussions with the Fiero Lane Mutual Water Company to allow for interim
wastewater service as part of the annexation process, based on the policy advantages to
the City and the unique circumstances applying to this area. 4) Directed staff to return with
an analysis of what would be involved in extending service agreements for interim
wastewater service, in addition to Fiero Lane Mutual Water Company, to property owners
adjacent to existing infrastructure; motion carried 4:1 (Mulholland opposed).
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:10 p.m. to Tuesday, March 6, 2007, in the Council Chamber, 990 Palm Street,
San Luis Obispo. 1
Audrey Hoo r
City Clerk
APPROVED BY COUNCIL: 03106107