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CALL TO ORDER:
ROLL CALL:
Council Members
Present:
Absent:
City Staff:
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 18, 2006 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Mayor Romero called the meeting to order at 4:00 p.m.
Council Members Paul Brown, John Ewan, Christine Mulholland, and
Mayor Dave Romero
Vice Mayor Allen Settle
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City
Administrative Officer; Bill Statler, Finance and Information
Technology Director; John Moss, Utilities Director; Betsy Kiser,
Parks and Recreation Director; Sue Baasch, Administrative Analyst;
Jeff Hook, Senior Planner; Michael Codron, Associate Planner
PROCLAMATIONS
Mayor Romero presented a Proclamation to Ron Combs, City Arborist , recognizing April
29, 2006, as Arbor Day.
Mayor Romero presented a Proclamation to the City Clerk's staff recognizing April 30
through May 6, 2006, as City Clerk's week.
VIDEO MONITORING POLICY.
CAO Hampian introduced this item, following which, Finance and Information Technolo
Director Statler reviewed the proposed policy.
Public Comments
Gary Fowler, San Luis Obispo, raised a number of questions related to the implementation of
this policy and the use of cameras for monitoring purposes. He suggested that the review
process should be expanded to include members of the business community.
—end of public comments—
Finance and Information Technology Director Statler responded to Mr. Fowler's questions.
Council discussion ensued, during which staff responded to questions.
City Council Meeting
Tuesday, April 18, 2006 - 4:00 p.m.
Page 2
ACTION: Moved by Ewan/Brown to adopt Resolution No. 9788 (2006 Series) with a
modification to the last paragraph of the policy to include the Human Relations
Commission and other appropriate advisory bodies as part of the review process.
Staff was also directed to expand the report to include a list of video monitoring
camera locations; carried 4:0:1 (Settle absent). Council also asked that staff add
lobbying the State to reduce the retention period for video monitoring tapes to the
City's Legislative Action priorities.
2. THIRD AND FINAL REPORT: UTILITY BILLING SYSTEM REVIEW.
Utilities Director Moss, Administrative Analyst Baasch, and Consultant Tom Gould, Vice
President of HDR Engineering, presented the staff report. They, Finance and Information
Technology Director Statler, and Water Division Manager Henderson responded to Council
questions. Utilities Administrative Analyst Kathe Bishop, who will be bringing the final report
regarding the water rate structure and monthly utility billing to Council in June, was
introduced.
Public Comments
None.
—end of public comments—
Administrative Analyst Baasch said that staff met with Vice Mayor Settle last week and wanted
to share his comments with Council since he was not able to attend this meeting. She said he
supports the water rate structure modification, but does not support monthly utility billing or
the sewer rate structure changes at this time.
ACTION: Moved by Brown/Ewan to 1) Review the findings and conclusions in
Volumes 1 and 2 of the City of San Luis Obispo's Utility Billing System Enhancements,
prepared by HDR Engineering, Inc., in association with Langham Consulting Services,
Inc. 2) Approve the addition of third tier pricing to the residential water rate structure
for customers using more than 25 units of water per month, effective July 1, 2006, the
modified water rate structure to be adopted as part of the 2006-07 Budget and June
2006 water fund rate review. 3) Approve in concept moving to a small fixed charge
plus variable sewer rate structure for all customers, directing staff to continue work
with HDR Engineering, Inc., on the final rate structure modeling and testing. 4) Direct
staff to return to Council with the final recommended sewer rate structure and
implementation schedule to allow adequate time for community information and
outreach program prior to a proposed July 2007 implementation. 5) Approve in
concept moving to monthly utility billing in the fall of 2006, final approval pending the
review and approval of the 2006-07 Budget and June 2006 water and sewer fund rate
reviews; motion carried 4:0:1 (Settle absent).
The Agenda was reordered at this time to consider Council Liaison Reports and
Communications.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the following meetings: March
16-19, Building Livable Communities Conference; March 8, Integrated Waste Management
Authority Board meeting; March 31, Downtown Association Board of Directors' Annual
Retreat; April 5, Water Resources Advisory Committee meeting; April 11, Downtown
City Council Meeting
Tuesday, April 18, 2006 - 4:00 p.m.
Page 3
Association meeting; April 13, Mayor's - Advisory Body Chairs Quarterly meeting, also
attended by Mayor Romero; and the April 13, Student Community Liaison Committee
meeting, also attended by Mayor Romero.
Council Member Ewan reported on his attendance at a recent State of Student Forum at Cal
Poly, also attended by Council Member Mulholland and Mayor Romero.
Mayor Romero reported on his attendance at the April 6 San Luis Obispo Council of
Governments meeting and April 12 Zone 9 Advisory Committee meeting. (Written reports
are on file in the City Clerk's office.)
COMMUNICATIONS
None.
PRESENTATIONS
Council Member Ewan and Recreation Supervisor Fitzgerald presented Council and David
Foot, FIRMA, with an Award of Excellence from the California Parks and Recreation Society
for the design and planning of the Damon - Garcia Sports Fields.
Recreation Supervisor Fitzgerald and Chamber CEO /President Garth made a verbal
presentation . of the Amgen Tour of California Gold Jersey to the City of San Luis Obispo
and the Chamber of Commerce. The Gold Jersey will be delivered to Council at a later date.
PUBLIC COMMENT
Carol Nulton. San Luis Obispo, discussed her concerns regarding childhood obesity and the
junk foods served by the School District.
Mayor Romero and Council Member Mulholland encouraged Ms. Nulton to make her
presentation to the School Board.
Dane Senser, San Luis Obispo, noted the improvement in the transient situation Downtown,
expressed concern regarding a settlement agreement with Christine Brown, suggested
Council Member Brown should recuse himself from issues related to the Madonna property,
and questioned the number of police present at the Council meeting.
CONSENT AGENDA
Mayor Romero called for comments from the public on the Consent Agenda.
Gerald Craig, Santa Maria, spoke in support of the renovation of the Court of Flags and
keeping it in the Mission Plaza.
Ann Ream, Art in Public Places Committee, discussed the review process and
recommendation to move the Court of Flags, and spoke in support of the recommendation.
A brief discussion ensued, during which Council Member Mulholland indicated that she would
oppose relocation of the Court of Flags in part because some of the citizen input opposed to
the proposal has not been addressed, particularly those who had paid for some of the bricks
and were part of the initial installation of the Court of Flags, and because she had some
concern regarding the proposed location.
City Council Meeting Page 4
Tuesday, April 18, 2006 - 4:00 p.m.
It was clarified that if the proposal is approved, the bricks will be palletized and made
available to those who want to reclaim them.
City Attorney Lowell announced that item C6 has been removed from the Agenda because the
amendment to the Payment Agreement with Palm Street Parking Structure, LLC is no longer
needed.
ACTION: Moved by Brown/Ewan to approve the Consent Agenda items as
recommended by the City Administrative Officer; motion carried as indicated for each
item.
C1. MINUTES OF TUESDAY, APRIL 4.2006.
ACTION: Moved by Brown/Ewan to waive oral reading and approve as presented;
motion carried 4:0:1 (Settle absent).
C2. MISSION SIDEWALK DANA STREET BOUNDARY CLARIFICATION.
ACTION: Moved by Brown/Ewan to define the westerly boundary of the Mission
Style Sidewalk District on Dana Street to end at the first property on each side of
Dana Street which also abuts Nipomo Street; motion carried 4:0:1 (Settle absent).
C3. RECONSTRUCTION AND RELOCATION OF THE COURT OF HISTORIC U.S. FLAGS.
C4.
C5.
C6.
ACTION: Moved by Brown/Ewan to 1) Approve relocating and modifying the flag
exhibit now in Mission Plaza to an exterior wall of 919 Palm Street, in order to
reestablish the display of historic U.S. flags in a way that properly honors the flags,
compliments the educational purpose of the City-County Library, and restores an
area of the Plaza that has become degraded and hazardous. 2) Accept the offer
from Palm Street Parking Structure, LLC to fabricate and relocate the piece to 919
Palm, subject to the review and approval of the site by the Architectural Review
Commission (ARC), per the public art policy; motion carried 3:1:1 (Mulholland
opposed, Settle absent).
ACTION: Moved by Brown/Ewan to adopt Ordinance No. 1493 (2006 series); motion
carried 3:1:1 (Mulholland opposed, Settle absent).
COMPLETION OF REGULATORY STUDIES FOR SAN LUIS OBISPO CREEK.
ACTION: Moved by Brown/Ewan to approve amendment number one to agreement
with Larry Walker Associates for Completion of MUN Use Attainability Analysis for
the Lower Portion of San Luis Obispo Creek; motion carried 4:0:1 (Settle absent).
This item was removed from the Agenda as indicated previously.
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Tuesday, April 18, 2006 - 4:00 p.m.
PUBLIC HEARINGS
3. ANNUAL REPORT ON THE GENERAL PLAN AND CONSIDERATION OF REVISIONS
TO THE GROWTH MANAGEMENT ORDINANCE PHASING SCHEDULE. .
Senior Planner Hook introduced Associate Planner Codron who presented the staff report
and responded to Council's questions.
Mayor Romero opened the public hearing.
Andrew Carter, San Luis Obispo, referred to his correspondence to Council (on file in the City
Clerk's office) which provided a background as to why the Planning Commission
recommended changing the intervals used in the Residential Growth Management Ordinance
phasing schedule from three to eight years.
Bill Morgan, Shell Beach, said he is a potential builder in the Margarita area and spoke in
support of the Planning Commission's recommendation.
Mayor Romero closed the public hearing.
Council Member Mulholland discussed the history of the Growth Management Ordinance,
particularly the passage of Measure G, and the residents' support of slow growth in the City
over the years. Therefore, she opposed the recommendation to change the intervals used
in the Residential Growth Management Ordinance phasing schedule.
Council Member Brown spoke in support of the recommendation because of the need for
housing and that the Planning Commission's proposed change would allow normal
building cycles to produce housing in the Margarita and Orcutt areas.
Council Member Ewan spoke in opposition to the recommendation because he thought the
community's intent was to phase growth in order to assimilate growth. His concern was
that going to an eight year interval could create a growth bubble and make it difficult to
assimilate the new growth. He also cited Land Use Element Policy 1.11.4 and noted that the
amount of nonresidential floor area excluded from the nonresidential growth rate
calculations make it difficult to get an accurate idea of commercial growth. He noted that
the report does not include this information and suggested that future reports should
include this information.
Mayor Romero spoke in support of the Planning Commission's recommendation because
of the concerns in the community regarding the lack of housing.
ACTION: Moved by Ewan/Mulholland to: 1) accept the 2005 General Plan Annual Report,
and 2) adopt Resolution No. 9789 (2006 Series) revising the phasing schedule for the
Residential Growth Management Ordinance; motion carried 4:0:1 (Settle absent).
It was also moved by Mulholland/Ewan to oppose the consideration of the Planning
Commission request to change the intervals used in the Residential Growth Management
Ordinance phasing schedule from three to eight years and provide staff with direction;
motion failed by a 2:2:1 vote (Romero /Brown opposed the motion and supported the
Planning Commission's recommendation, Settle absent).
City Council Meeting Page 6
Tuesday, April 18, 2006 - 4:00 p.m.
It was then moved by Brown/Romero to table consideration of the Planning Commission's
request to change the intervals used in the Residential Growth Management Ordinance
phasing schedule until a full Council could be present; motion failed by a 2:2:1 vote
(Mulholland/Ewan opposed, Settle absent).
The failure of the last two motions resulted in no action on the Planning Commission's
recommendation to change the intervals.
BUSINESS ITEMS
4. APPROVAL OF PUBLIC ART FOR MITCHELL PARK.
Parks and Recreation Director Kiser presented the staff report, following which David Curry
one of the local artists who designed the artwork, discussed the design and philosophy
behind the sculpture that was designed by himself, Allen Root and David Hinman.
Public Comments
None.
—end of public comments —
ACTION: Moved by Mulholland/Brown to 1) approve the public art piece entitled
Perpetual Hope for Mitchell Park; 2) Authorize the CAD to execute an agreement
with the artist for completion of the project; motion carried 4:0:1 (Settle absent).
5. SUPERVISOR LENTHALL'S DALIDIO RANCH TASK FORCE.
Chief Administrative Officer Hampian presented the staff report. In addition to reviewing the
list of suggested topics in the agenda report on which the Task Force may want to focus, he
suggested that discussions regarding the following topics should be avoided: site planning,
uses and project "mix," financial tools, and land use alternatives and competing philosophies.
Public Comments
David Broadwater, Atascadero, discussed his opposition to the Dalidio initiative because of
its potential for precedent - settting consequences. He urged Council to do everything
possible to prevent it from getting on the ballot. He also urged Council to require that the
proposed task force be expanded to include representatives from the incorporated and
unincorporated towns in the County. (Mr. Broadwater's concerns are expanded on in an e-
mail to Council, on file in the City Clerk's office).
Dennis Kish, Cayucos, spoke in support of the Council's participation in a task force and
asked that it be expanded to include the members from all of the cities and governmental
agencies throughout the County. He discussed the need to resolve this situation now in order
to keep a measure off the ballot.
Gerald Craig, Santa Maria, also supported the task force and suggested that Mayor Romero
and Vice Mayor Settle be appointed to it.
Dane Senser, San Luis Obispo, concurred that there is a need for the task force and
suggested that Council Members Mulholland and Brown be appointed to it.
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Tuesday, April 18, 2006 - 4:00 p.m.
Michael Sullivan, San Luis Obispo, discussed concerns he raised in his letter to Council (on
1 file in the City Clerk's office). He suggested that the County is the only agency that should
generate a report regarding the proposed initiative and that, if the County wants to use a task
force to help develop that report, it should include input from all of the other cities in the
County. He opposed Council participation in the proposed task force.
Richard Kranzdorf, San Luis Obispo, expressed concern about comments made by members
of the public regarding donations made to SAVE San Luis Obispo for the Marketplace special
election. He referred to a letter he wrote to The Tribune and noted that attempts to enter in to
a discussion witih Mr. Dalidio have gone unanswered.
–end of public comments—
The following is a summary of Council's discussion. The discussion included, in part, the role
of the proposed task force, whether there is a need to expand its membership to include other
stakeholders (i.e., other cities and county agencies), and the importance of gathering
information and educating the public on the implications of ballot -box planning. The
discussion also included which two Council Members should represent the City Council on
this task force and other issues related to the role of the task force.
During this discussion, Council Member Mulholland indicated that while she did not favor the
Council participating in the task force, she thought she should be appointed since at least one
representative should be someone who was in agreement with the majority will of the people
in the Marketplace election.
Council Member Ewan indicated that he was not interested in serving. He discussed the
importance of having representation on the task force from the broadest representation of the
community, and therefore spoke in support of Council Member Mulholland as one of the
members.
Council Member Brown and Mavor Romero disagreed with the appointment of Council
Member Mulholland.
The following motions were made throughout the course of this discussion.
ACTION: Moved by Mulholland/Ewan to approve, if the Council agrees to participate
in the proposed task force, the following guidelines for obtaining objective
information and the topics to avoid as recommended by the CAO; motion carried
4:0:1 (Settle absent):
Guidelines for Agenda Topics: 1) The legal framework of what can be legally
accomplished through the initiative process and what steps and procedures (e.g.
permits via other agencies) will still remain if the vote is affirmative. 2) Policy and
precedence implications for the county and its cities if land use decisions and
projects are pursued in this manner. 3) Facility and service impacts of building a
large urban project on land surrounded by an incorporated city, e.g. the impact on
streets, fire and paramedic service, police response, water and wastewater service
and what policy guidance would be offered regarding County development near City
boundaries by the Memorandum of Understanding recently agreed to between the
County and the City. 4) Likely fiscal consequences of building a large urban -like
development on County land that is surrounded by a city and how will these
' impacts be addressed and who will provide the ongoing operation and maintenance
support required by some public amenities now envisioned for the project. 5) Major
policy issues for the City and County as they relate to open space and agriculture
City Council Meeting
Tuesday, April 18, 2006 - 4:00 p.m.
Page 8
land preservation. 6) Traffic, street and neighborhood impacts of not building the
interchange with the project, how these impacts will be addressed, and how the 1
needed interchange will be paid for in the future. 7) Other agencies that should be
invited to participate in a task force fact - finding dialogue, such as Caltrans, the
Regional Water Quality Control Board, the Air Pollution Control District, and other
cities subject to the policy and precedent implications of the initiative.
Topics to Avoid: 1) Site planning (i.e., how the site could be redesigned to make it
more compatible with the surrounding area). 2) Uses and project "mix" (other public
or private uses and mix of public amenities vs. commercial uses. 3) Financial tools
(financing mechanisms to facilitate the project or public improvements needed for the
project). 4) Land use alternatives and competing philosophies (whether the site
should be more or less aggressively developed or not developed and types of
development).
ACTION: Moved by Ewan/Mulholland to accept Supervisor Lenthall's invitation to
participate in the task force; motion carried 4:0:1 (Settle absent).
ACTION: Moved by Ewan/Mulholland to appoint Council Members Brown and
Mulholland to serve on the task force; motion failed 2:2:1 (Romero/Brown opposed,
Settle absent).
ACTION: Moved by Ewan/Mulholland to appoint Council Member Mulholland and
Mayor Romero to serve on the task force; motion failed 2:2:1 (Romero/Brown
opposed, Settle absent).
ACTION: Moved by Mulholland not to participate on the task force; motion failed due
to lack of second.
ACTION: Moved by Ewan to delay selection of members on the task force until
Supervisor Lenthall has accepted the guidelines adopted earlier; motion failed due to
lack of a second.
ACTION: Moved by Ewan/Mulholland to send a letter to Supervisor Lenthall
containing the guidelines adopted earlier and indicating that the City wants to
participate and that appointments to the task force would be made on his acceptance
of the guidelines; motion failed 2:2:1 (RomeroBrown opposed, Settle absent).
At this time, Council Member Ewan indicated that he would reconsider and would serve on
this task force if nominated.
ACTION: Motion Brown/Romero to appoint Council Members Brown and Ewan to
serve on the task force; motion carried 3:1:1 (Mulholland opposed, Settle absent).
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 9:40 p.m. to Tuesday, May 2, 2006, in the Council Chamber, 990 Palm Street,
San Luis Obispo.
Audrey Ho er 1
City Clerk
APPROVED BY COUNCIL: 05102106