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HomeMy WebLinkAbout08/15/2006MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 15, 2006 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA CALL TO ORDER The meeting was called to order at 6:30 p.m. by Mayor Romero. ROLL CALL: Council Members Present: Council Members John Ewan and Christine Mulholland, Vice Mayor Allen Settle, and Mayor Dave Romero were seated at Roll Call. Council Member Paul Brown was seated during the Closed Session, at 6:40 p.m. 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; Jay Walter, Public Works Director; Jaime Hill, Associate Planner; Neil Havlik, Natural Resources Manager; Peggy Mandeville, Principal Transportation Planner CLOSED SESSION - 6:30 P.M. City Attorney Lowell announced the following Closed Session topic. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 Stephen Secrest et al v. City of San Luis Obispo San Luis Obispo County Superior Court Case No: CV 060225 At the commencement of the Regular Session, City Attorney Lowell reported that the Closed Session Conference was held for the purpose of updating Council on the status of the existing litigation referenced above, and that there was no further reportable action at this time. PRESENTATION - 7:00 P.M. County Planner Kami Griffin presented an overview of San Luis Obispo County's planning process as it relates to the Dalidio Ranch initiative. Her discussion included the General Plan Amendment, Land Use Permit and Construction and Grading Permit processes. She explained what components of the process have been undertaken, what components will not be applicable as a result of the initiative process, and what components will occur if the project initiative passes. She responded to Council's questions. City Council Meeting Tuesday, August 15, 2006 - 6:30 p.m. Page 2 PUBLIC COMMENT Don Hedrick, San Luis Obispo, asked that a letter he recently sent to Council regarding street lights and other safety issues on Sacramento Drive and Industrial Way be addressed. CAD Hampian noted that a letter responding to Mr. Hedrick's concerns was mailed today. Gary Fowler. San Luis Obispo, explained why he was displeased that the City's and Council's representatives did not raise the issue of Senate Bill 1611, regarding motor vehicle fees, at the August 2nd San Luis Obispo Council of Governments (SLOCOG) meeting. He was concerned that SLOCOG did not oppose the measure. He noted his opposition to the proposed sales tax measure in light of SB 1611 and other measures. Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding harassment CONSENT AGENDA Gary Fowler. San Luis Obispo, asked for clarification regarding item C4 (SESLOC Temporary Overflow Parking Facility Lease Agreement), particularly related to the financial arrangements and improvements to the property. CAO Hampian and Assistant CAD Stanwyck responded to Mr. Fowler's questions. Council Member Ewan referred to item C5 (Expanded Passenger Rail Services), and said that while he supported the recommended action, he hoped there will be follow -up with the State and the Railroad to improve the tracks. Council Member Mulholland referenced item C6 (Animal Services Agreement). She expressed concern regarding the costs for these services, but noted that there is no alternative. ACTION: Moved by Settle/Brown to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY, AUGUST 1, 2006. ACTION: Moved by Settle/Brown to waive oral reading and approve as presented; motion carried 5:0. C2. CANCELLATION OF NOVEMBER 21 AND DECEMBER 19. 2006. REGULAR CITY COUNCIL MEETINGS. ACTION: Moved by Settle/Brown to cancel the regular City Council meetings of Tuesday, November 21, and Tuesday, December 19, 2006, and to adjourn the November 7, 2006, meeting to an adjourned regular meeting on November 14, 2006, (as recommended in a red file memorandum on file in the City Clerk's office); motion carried 5:0. C3. CONTRACT AMENDMENT NO.2 FOR TANK FARM GRAVITY SEWER. LIFT STATION AND FORCE-MAIN DESIGN SERVICES. ACTION: Moved by Settle/Brown to approve Amendment No. 2 of the agreement , with Brown and Caldwell Engineers for additional design, survey and geotechnical services for Tank Fans Lift Gravity Sewer, Lift Station and Force Main project, City Council Meeting Tuesday, August 15, 2006 - 6:30 p.m. Page 3 Specification No. 99703, in the amount of $87,600 and authorize the Mayor to execute the Amendment; motion carried 5:0. C4. LEASE AGREEMENT WITH SESLOC FEDERAL CREDIT UNION FOR TEMPORARY OVERFLOW PARKING FACILITY. ACTION: Moved by Settle/Brown to approve a lease agreement with SESLOC Federal Credit Union ( SESLOC) for the use of property at 3807 and 3855 Broad Street for use as a temporary overflow parking facility for the Damon - Garcia Sports Fields and authorize the Mayor to execute the lease agreement; motion carried 5:0. C5. RESOLUTION OF SUPPORT FOR EXPANDED PASSENGER RAIL SERVICES ALONG THE PACIFIC COAST RAIL CORRIDOR. ACTION: Moved by Settle/Brown to adopt Resolution No. 9831 (2006 Series) supporting expanded passenger rail services to connect Downtown San Francisco with Downtown Los Angeles through San Luis Obispo along the Pacific Coast Rail Corridor; motion carried 5:0. C6. ANIMAL SERVICES AGREEMENT WITH COUNTY OF SAN LUIS OBISPO ANIMAL CONTROL SERVICES. ACTION: Moved by Settle/Brown to adopt Resolution No. 9832 (2006 Series) authorizing the Mayor to sign a three -year agreement for Animal Control Services with the County of San Luis Obispo; motion carried 5:0. C7. SEWER REPLACEMENT —129 CHORRO. SPECIFICATION NO. 90591, PROJECT AWARD. ACTION: Moved by Settle/Brown to: 1) Approve an agreement with Montes Pacific Engineering in the amount of $135,055 for the Sewer Replacement —129 Chorro, Specification No. 90591 and authorize the Mayor to execute the agreement. 2) Approve the transfer of $151,060 from the Collection Systems Improvements master account to fund the project; motion carried 5:0. C8. RESOLUTION TO ADJUST CONFIDENTIAL EMPLOYEES' COMPENSATION. ACTION: Moved by Settle/Brown to adopt Resolution No. 9833 (2006 Series) adjusting compensation for the City of San Luis Obispo Confidential Employees' for the period from January 1, 2006, through December 31, 2009; motion carried 5:0. C9. COOPERATIVE PURCHASE OF VAC -CON HYDRO CLEANER. ACTION: Moved by Settle/Brown to: 1) Authorize the Finance Director to issue a purchase order to Municipal Maintenance Equipment (M.M.E.) in the amount of $252,295.17 for the purchase of a Vac -Con Combination Sewer Cleaner pursuant to County of Sacramento public bid #6361, Item 1, purchase order No. PA80574869. 2) Authorize the transfer of $2,295.17 from Collection System Improvements main account to fund the budget shortfall; motion carried 5:0. PUBLIC HEARINGS ' 1. GENERAL PLAN AMENDMENT AND REZONING FOR 851 AND 860 HUMBERT AVENUE: INITIATION OF THE PROCESS TO CONSIDER ABANDONMENT OF City Council Meeting Page 4 Tuesday, August 15, 2006 - 6:30 p.m. PORTIONS OF HUMBERT AVENUE AND FREDERICK STREET, AND ENVIRONMENTAL REVIEW (GP,R,ER.ABAN 27 -06). Associate Planner Hill presented the staff report. Mayor Romero opened the public hearing. No comments were forthcoming and.Mavor Romero closed the public hearing. 9 ACTION: Moved by Ewan/Brown to: 1) Adopt Resolution No. 9834 (2006 Series) approving a Mitigated Negative Declaration (ER 27 -06) and amending the General Plan Land Use Element map to change the land use designation of the parcels addressed as 851 and 860 Humbert Avenue from Services & Manufacturing to Medium -High Density Residential. 2) Adopt Resolution No. 9835 (2006 Series) to abandon portions of Frederick Street and Humbert Avenue, and set a public hearing for September 19, 2006. 3) Introduced Ordinance No. 1496 (2006 Series) changing the zoning of the parcels addressed as 851 and 860 Humbert Avenue from Manufacturing (M) to Medium -High Density Residential with the Special Considerations overlay (R -3 -S); motion carried 5:0. Associate Planner Hill presented the staff report. She and Community Development Director Mandeville responded to questions. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. ACTION: Moved by Settle/Ewan to: 1) Adopt Resolution No. 9836 (2006 Series) approving a Negative Declaration and amending the Airport Area Specific Plan to allow temporary parking in the Business Park zone. 2) Introduce Ordinance No. 1497 (2006 Series) amending the Zoning Regulations to allow temporary parking in the Business Park zone; motion carried 5:0. Mayor Romero reordered the Agenda to consider item 4 at this time. 4. LOS OSOS VALLEY ROAD INTERCHANGE SUB-AREA FEE FINANCING PROGRAM. Finance Director Statler presented the staff report He, Assistant CAO Stanwyck and CAD Hampian responded to questions. Public Comments No comments were forthcoming. —end of public comments — Council Member Mulholland spoke against the recommendation because she opposed the City providing financing for new development. n 7 1 City Council Meeting Page 5 Tuesday, August 15, 2006 - 6:30 p.m. Council Members Brown and Ewan, Vice Mayor Settle and Mayor Romero spoke in support of the recommendation. ACTION: Moved by Brown/Ewan to: 1) Approve a financing program for the Los Osos Valley Road (LOVR) interchange sub -area fee for auto dealerships, which allows for financing 60% of the fee for up to ten years at market interest rates. 2) Authorize the City Administrative Officer to enter into agreements with eligible applicants in accordance with the financing program, subject to concurrence as to form by the City Attorney. 3) Approve an amendment to the reimbursement agreement with Costco as required to implement this program; motion carried 4:1 (Mulholland opposed). 3. APPROVAL OF AN OPTION AGREEMENT FOR THE PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT ON THE BRUGHELLI RANCH ON BUCKLEY ROAD. Natural Resources Manager Havlik presented the staff report and responded to questions. Public Comments Bob Hill, Conservation Director with Land Conservancy of SLO County, discussed the Land Conservancy's support of the recommendation. Steve Delmartini, San Luis Obispo, explained why he had concerns that the proposal does not include a disincentive for property owners. ' —end of public comments — Council Members acknowledged the efforts of those involved with this project and spoke in support of the recommendation. ACTION: Moved by Mulholland/Ewan to authorize the Mayor to sign an agreement with Ercole and Naomie Brughelli for an option to purchase an Agricultural Conservation Easement covering the 390 acre Brughelli Ranch on Buckley Road at a below- market price of $750,000; motion carried 5:0. CAO Hamaian explained that this action will deplete the City's open space fund and that an effort will be made to raise the remainder of the necessary funds for this transaction through the private sector. 5. GOAL - SETTING AND FINANCIAL PLAN SCHEDULE FOR 2007 -09. Finance Director Statler presented the staff report and responded to questions. Public Comments Patricia Wilmore, Chamber of Commerce, noted that the Chamber is supporting Measure Y-06. She said that, if members of the public are interested in conservation easements and in the City having money to work with during its budget cycle and goal- setting, they are encouraged to support the measure. —end of public comments — Council Members Brown and Ewan encouraged members of the public to become involved in City Council Meeting Tuesday, August 15, 2006 - 6:30 p.m. Page 6 the budget process. Vice Mayor Settle reminded staff that a distinction needs to be made between ongoing or 1 existing projects and new projects and priorities. ACTION: Moved by Mulholland/Settle to approve the Goal- setting and Financial Plan schedule for 2007 -09; motion carried 5:0. 6. RESPONSE TO GRAND JURY REPORT ON BICYCLE RIDING IN SLO COUNTY. Public Works Director Waiter and Principal Transportation Planner Mandeville presented the staff report and responded to questions. In response to Council Member Mulholland, staff confirmed that the City can send a copy of the Grand Jury Report to the School District noting the Grand Jury's comments regarding the School District teaching safe cycling. Public Comments Kevin Christian, Chair of the City's Bicycle Advisory Committee (BAC), reviewed the BAC's position on the Report and the BAC's letter to Council with recommendations related to the Grand Jury Report. Tom Nuckols, BAC member, discussed the BAC's concerns and requests. Jean Anderson, BAC member, noted her involvement in bicycle education as a League Cycling Instructor. She distributed brochures from the League of American Bicyclists on its 1 BikeEd course, and discussed the need to teach the principles of bicycle and traffic safety to children at an early age. She noted the Safe Routes to School Program that will be offered to junior high school students. Adam Fukushima, Executive Director of the SLO County Bicycle Coalition, concurred that the funding for bicycle safety education does not have to flow through Rideshare. He explained that he has concerns about Recommendation #1 in the response from the Police Department because the recommendations were for children. However, a majority of traffic violations are by adults. He asked Council to support the BikeEd Program and noted the need for funding for materials, advertising and trainers. Terry Conner, San Luis Obispo, suggested that the City's Parks and Recreation Department could offer some after school bicycle education programs. —end of public comments — Council Members acknowledged their support of the recommendations. Mayor Romero added that he does not support assisting in the funding through Rideshare. ACTION: Moved by Mulholland/Brown to direct the City Administrative Officer to prepare a letter of response regarding the Grand Jury report on bicycle riding in San Luis Obispo County and to forward the Grand Jury Report to the School District, with a letter noting the Grand Jury's comments regarding school districts teaching safe cycling; motion carried 5:0. City Council Meeting Page 7 Tuesday, August 15, 2006 - 6:30 p.m. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the August 2nd Human Relations Commission meeting and noted that business could not be conducted at the August 8d' Downtown Association's Board of Directors meeting due to a lack of quorum. Vice Mayor Settle spoke about issues that will be raised at the LAFCO meeting on Thursday, August 17 . Council Member Ewan spoke about last week's Air Pollution Control District meeting. Mayor Romero referred to and reviewed his written report on the August 2nd San Luis Obispo Council of Governments (SLOCOG) and San Luis Obispo Regional Transportation Authority (SLORTA) meetings. He also reported on the City University luncheon that he and Council Member Brown attended. COMMUNICATIONS Council Member Mulholland said she contacted the Integrated Waste Management Authority about recyclable campaign signs and learned that paper signs with coating cannot be recycled. However, corrugated signs are made out of polypropylene and these can be recycled. She urged citizens involved in campaigns to use the recyclable signs. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:25 p.m. to Tuesday, September 5, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. a6�zf, Audrey H er City Cler APPROVED BY COUNCIL: 09/05/06 LJ