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HomeMy WebLinkAbout09/05/2006MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 5, 2006 - 6:40 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Vice Mayor Allen Settle and Mayor Dave Romero were present at Roll Call. Council Member Paul Brown was seated at 6:45, during Closed Session. 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; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; Jay Walter, Public Works Director; Rob Livick, Supervising Civil Engineer; Barbara Lynch, City Engineer; Karen Jenny, Risk Manager; Neil Havlik, Natural Resources Manager; Gary Henderson, Water Division Manager ' CLOSED SESSION City Attorney Lowell announced the following Closed Session topics: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 699 Monterey Street Negotiating Parties: City of San Luis Obispo: Jonathan Lowell, Shelly Stanwyck For Landowner: Marshall Ochylski Negotiations: Consideration of Request for exclusive Negotiations for Sale of Real Property LIABILITY CLAIM Pursuant to Government Code § 54956.95 Workers' Compensation Claim re James Ritterbush City Attorney Lowell reported that the Closed Session was held as announced. Regarding the Conference Regarding Property Negotiations, Council provided direction to its negotiator regarding property located at 699 Monterey Street (inadvertently shown as 667 Monterey Street on the Agenda). Regarding the Liability Claim, Council provided direction to staff. There was no further reportable action on either Closed Session topic. ADVISORY BODY VACANCIES ' Mayor Romero announced that there are vacancies on the Jack House Committee, Mass Transportation Committee, and Construction Board of Appeals. Residents who are interested City Council Meeting Page 2 Tuesday, September 5, 2006 - 6:40 p.m. in applying for a position on any of these advisory bodies should contact the City Clerk's office at 781 -7100. PUBLIC COMMENT Gary Fowler, San Luis Obispo, acknowledged the City Attorney's report interpreting State law related to the Downtown Association's role as an advisory body to the Council. He referenced a recently released County report related to water supply and the County's excess allocation of State Water. He questioned the viability of the Nacimiento project given its cost and spoke against the sales tax increase since he thinks a lower cost water source is already available from the County. Dane Senser, San Luis Obispo, referred to the Dalidio Ranch initiative and said that while he is not an advocate for the Ranch, he was concerned with the process and the unfair treatment that Mr. Dalidio has received. Sifu Kelvin- Harrison, San Luis Obispo, spoke about his continuing concerns related to personal harassment. Don Hedrick San Luis Obispo, expressed concern that the parking lots that have been developed to serve the Damon - Garcia Sports Complex may create a potential flood issue. He asked the City to assist in mitigating potential flooding problems and suggested that some thought be given to installing a berm where appropriate. CONSENT AGENDA Mayor Romero noted that a correction will be made on page C1 -5 of the minutes ( "delete" should have been shown as "deplete" under item B3). Community Development Director Mandeville referred to item C3 and reviewed corrections to the findings that will be incorporated into the resolution. In Finding 3. the word "area" will be changed to "City." The following language will be added at the end of Finding 3: "and the recent adoption of the Airport Area Specific Plan (AASP) facilitates the use of additional land for this purpose." Community Development Director Mandeville referred to item C4 and said the word "will" will be replaced with "still" ( "still facilitating ") in Finding 1. Water Division Manager Henderson responded to questions raised by Council Member Mulholland related to item C6. Council Member Mulholland expressed concern regarding the cost of the Alrita Pump Station Replacement Project (item C7) which will benefit only 12 houses. She acknowledged that there is no alternative to doing this project, and said that she hopes the type of development that was approved in the past that necessitated this project will not occur in the future. Council Member Mulholland referred to item C12 and expressed hope that over time consideration will be given to finding more than one location that will serve as mitigation for endangered plants. Mayor Romero also referred to item C12, and discussed the need to keep an option open for the future that would allow the City, on some basis, to dredge the lake and put the dredge spoils on the back acreage of the Laguna Lake Park City Council Meeting Tuesday, September 5, 2006 - 6:40 p.m. Page 3 Natural Resources Manager Havlik explained that the recommendation will not prohibit the 1 City from pursuing the possibility of placing dredge spoils on the back acreage of the park. As suggested by Mayor Romero and with the concurrence of Council, staff will determine whether there are alternative sites within the Laguna Lake Park that could accommodate the Congdon Tarplant and the Adobe Sanicle. ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as amended; motion carried 5:0. C1. MINUTES OF TUESDAY, AUGUST 15, 2006. ACTION: Moved by Settle/Mulholland to waive oral reading with a correction on page C1 -5 (the word "delete" to "deplete "); motion carried 5:0. C2. AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE 2006. C3. C4. C5. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9837 (2006 Series) amending the City's Conflict of Interest Code; motion carried 5:0. ACTION: Moved by Settle(Mulholland to adopt Ordinance No. 1496 (2006 Series) amending the City's Zoning Regulations to modify the City's Zoning Map for the property at 851 and 860 Humbert Avenue from Manufacturing (M) to Medium -High Density Residential with the Special Considerations overlay (R -3 -S). The motion included a revision to language in Finding 3. The word "area" was changed to "City" and the following language was added at the end of the finding: "and the recent adoption of the Airport Area Specific Plan (AAP) facilitates the use of additional land for this purpose"; motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1497 (2006 Series) amending the City's Zoning Regulations to allow temporary parking facilities in the Business Park (BP) zone, based on findings. The motion included replacing the word "will" with "still" ( "still facilitating ") in Finding 1; motion carried 5:0. ACTION: Moved by Settle/Mulholland to approve Addendum #2 to the Joint Use Agreement between the City of San Luis Obispo and San Luis Coastal Unified School District (SLCUSD), and authorize the Mayor to execute the agreement; motion carried 5:0. C6. NACIMIENTO/WHALE ROCK EXCHANGE AGREEMENT. ACTION: Moved by Settle(Mulholland to authorize the Mayor to execute an agreement with the County of San Luis Obispo Service Area No. 10 to provide for the exchange of Nacimiento Project water for water from Whale Rock Reservoir. City Council Meeting Tuesday, September 5, 2006 - 6:40 p.m. Page 4 The motion included the addition of paragraph E. in Section X of the agreement, as indicated In a Red File Memo (on file in the City Clerk's office); motion carried 5:0. 1 C7. AWARD OF ALRITA PUMP STATION REPLACEMENT PROJECT. ACTION: Moved by Settle/Mulholland to: 1) Award the Alrita Pump Station Replacement Project, Specification No. 90234B, to Raminha Construction, in the amount of $488,348 and authorize the Mayor to execute the agreement. 2) Approve the additional funding needed and authorize the transfer of $171,348, to the project account from the Water Distribution Master Plan Implementation account; motion carried 5:0. C8. LEASE AGREEMENT FOR JOHNSON RANCH HOUSE. ACTION: Moved by Settle/Mulholland to approve continued lease of the Johnson Ranch House and authorize the City Administrative Officer to execute the new Lease Agreement; motion carried 5:0. C9. RESPONSE TO GRAND JURY REPORT ON DOMESTIC VIOLENCE RESTRAINING ORDERS. ACTION: Moved by Settle/Mulholland to review the Police Chief's responses to the Grand Jury Report on domestic violence restraining orders and authorize the Mayor to sign a letter to the Presiding Judge of the San Luis Obispo County Superior Court concurring with the Police Chiefs responses; motion carried 5:0. C10. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9838 (2006 Series) that 1) Certifies that the National Incident Management System (NIMS) has been adopted and integrated into the City's emergency management system, and 2) Requires appropriate NIMS training for City personnel; motion carried 5:0. C11. FLEET ADDITION OF PICKUP FOR STREET AND SIDEWALK MAINTENANCE PROGRAM. C12. ACTION: Moved by Settle/Mulholland to: 1) Eliminate approved fleet replacement for an electric sign board. 2) Authorize the Finance Manager to transfer $20,600 to the Equipment Replacement Fund Completed Projects account 3) Approve Fleet Addition of a three- quarter ton pick -up for the Street Maintenance Division. 4) Authorize the Finance Manager to sign purchase order in the amount of $16,663.24 to purchase a Chevrolet Silverado standard cab, three quarter ton pickup through the California Multiple Award Schedule (CMAS); motion carried 5:0. ACTION: Moved by Settle/Mulholland to authorize the use of several areas within Laguna Lake Park for partial mitigation of impacts to two rare plant species occasioned by the Margarita Area residential development; motion carried 5:0. PUBLIC HEARINGS City Council Meeting Tuesday, September 5, 2006 - 6:40 p.m. Page 5 Council Member Ewan stated that due to the location of his business and leasehold, he must recuse himself from PH1. He left the Council Chamber at this time. 1. FINAL ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT OF WAY (ABAN 62 -05: THE VILLAGE AT MAYMONT). Supervising Civil Engineer Livick presented the staff report. He explained that staff is recommending the language in Section 2 of the resolution be revised in the fourth line, after Pacific Gas and Electric Company, by adding the words: "over the entire South Street right of way as shown in Exhibit "A." In addition, staff is recommending the removal of paragraphs 2 and 3 in Section 2. He responded to questions. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9839 (2006 Series) to abandon (vacate) the street right -of -way of an undeveloped portion of South Street under the procedures specified in the California Streets and Highways Code Section 8300 et seq. The motion Included the addition of following language in Section 2 of the resolution, fourth line, after Pacific Gas and Electric Company: "over the entire South Street right of way as shown in Exhibit 'A'." The motion also included the removal of paragraphs 2 and 3 in Section 2; motion carried 4:0:1 (Council Member Ewan absent/recused). Council Member Ewan returned to the Council Chamber at this time. 1 2. Police Chief Linden presented the staff report. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9840 (2006 Series) approving an expenditure plan for $100,000 from the 2006 -07 California Supplemental Law Enforcement Services Fund (SLESF) to continue funding the salary and benefits for a Police Field Services Technician and a Communications Technician; motion carried 5:0. BUSINESS ITEMS 3. Public Works Director Walter and City Engineer Lynch presented the staff report and responded to questions. Public Comments Deborah Cash, Downtown Association, referred to her article in The SLO County Journal regarding this matter, noted the Downtown Association Design Committee's desire to work with the City on finding sponsors for the trees, discussed the importance of trees to the City Council Meeting Page 6 Tuesday, September 5, 2006 - 6:40 p.m. downtown, spoke in support of the recommendation, and raised concerns regarding damage done to the trees by delivery trucks. —end of public comments— Discussion ensued regarding the damage done to the trees because of delivery trucks and whether it would be feasible to restrict the height of the trucks. There was also discussion regarding congestion caused by the trucks. ACTION: Moved by Brown/Ewan to: 1) Authorize staff to proceed with the High Priority Removals and High Priority Pruning outlined in the Evaluation of Selected Street Trees report dated March 2006, by Bill Spiewak. 2) Direct staff to follow with replacement of all removed trees; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the August 22nd Big Brothers/Big Sisters Board meeting, at which she received a tile in appreciation of the City for its grant. She also spoke on her attendance at the August 28"' Tree Committee meeting and the August 30"' Human Relations Commission meeting. Vice Mayor Settle reported on activities of LAFCO related to the Los Osos Community Services District He spoke about the Airport Land Use Commission which will be meeting next week. Mayor Romero referred to and reviewed his written report on the August 24d' meeting of the Nacimiento Project Commission. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 8:17 p.m. to Tuesday, September 19, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Ho er City Cler APPROVED BY COUNCIL: 09/19/06 1