Loading...
HomeMy WebLinkAbout02/20/20071 1 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. City Council Meeting Page 4 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. 1 I 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. City Council Meeting Tuesday, February 20, 2007 - 4:00 p.m. 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