HomeMy WebLinkAbout03/06/20071
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 6, 2007 - 6:30 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; Monica Irons, Human Resources Director; Jay Walter, Public Works
Director; John Mandeville, Community Development Director; Dave Hix,
Wastewater Division Manager; Kim Murry, Deputy Community Development
Director -Long Range Planning; Peter Brown, Housing Programs Manager;
Keith Pellemeier, Maintenance Supervisor - Urban Forestry and Contract
Services; Linda Fitzgerald, Recreation Manager
CLOSED SESSION
City Attorney Lowell announced the following Closed Session topic:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiator: Monica Irons
Unrepresented Employees: Management Personnel
Following the Closed Session, City Attorney Lowell reported that Council met in Closed Session as
indicated and provided direction. Once final resolution has been reached, the matter will be brought
back for Council adoption at a public session. There was no further reportable action at this time.
PRESENTATIONS
Mayor Romero presented a proclamation to Bryan DuVall, Honorary Board Member of the
American Red Cross, proclaiming March 2007 as American Red Cross Month.
Mayor Romero presented a proclamation to Pat Soulliere - Ochylski, Regional Director of Girl
Scouts, proclaiming March 11 -17, 2007, as Girl Scouts Week.
INTRODUCTIONS
Public Works Director introduced new employee, Keith Pellermeier, Park Maintenance Supervisor.
PUBLIC COMMENT
City Council Meeting
Tuesday, March 6, 2007 - 6:30 p.m.
No comments were forthcoming.
CONSENT AGENDA
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Council Member Settle referred to item C6, Consultant Services for Water Reclamation Facility
NPDES Permit Reissuance, and stated for the record that staff should convey to the Regional Water
Quality Control Board the City's concerns that this is an unfunded mandate that has significant cost
implications and imposes exceedingly stringent requirements, although San Luis Obispo Creek
surface water is not an appropriate potable water source.
Vice Mayor Mulholland referred to item C2, Final Acceptance of Tract 2419, and said that she
opposed the original project and so will vote "no" on this item.
In response to Vice Mayor Mulholland's request for clarification regarding item C3, Donation from the
Sports Authority, Recreation Manager Fitzgerald displayed and discussed examples of scoreboards.
Mayor Romero called for comments from the public at this time.
Patricia Wilmore, representing the Chamber of Commerce, explained why the Chamber supports
item C4, Support of Nomination of Carrizo Plain as a World Heritage Site.
Dan Sutton, President of SLO Cal RipkinBabe Ruth Baseball, referred to item C3 and expressed
appreciation to the Sports Authority for its donation.
ACTION: Moved by Carter/Settle to approve the Consent Agenda as recommended by the
City Administrative Officer; motion carried as indicated below.
C1. MINUTES OF TUESDAY, FEBRUARY 20. 2007.
C2.
C3.
ACTION: Moved by Carter /Settle to waive oral reading and approve as presented; motion
carried 5:0.
ACTION: Moved by Carter /Settle to adopt Resolution No. 9878 (2007 Series) accepting the
public improvements, and certifying completion of the required private improvements, and
releasing the bonds for Tract 2419; motion carried 4:1 (Mulholland opposed).
ACCEPTANCE OF DONATION FROM SPORTS AUTHORITY FOR RENOVATIONS TO
STOCKTON FIELD.
ACTION: Moved by Carter /Settle to accept the donation of $22,500 from the Sports
Authority to cover the cost of a new scoreboard and backstop at Stockton Field and
authorize the Mayor to sign the agreement; motion carried 5:0.
C4. RESOLUTION SUPPORTING NOMINATION OF CARRIZO PLAIN NATIONAL MONUMENT AS
A WORLD HERITAGE SITE,
ACTION: Moved by Carter /Settle to adopt Resolution No. 9879 (2007 Series) supporting the
nomination by the Wilderness Society of Carrizo Plain National Monument as a "World
Heritage Site "; motion carried 5:0.
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City Council Meeting Page 3
Tuesday, March 6, 2007 - 6:30 p.m.
C5. AMEND AGREEMENT FOR DESIGN SERVICES FOR ORCUTT ROAD WIDENING, SPEC NO
' 90521.
ACTION: Moved by Carter /Settle to approve an amendment to an agreement with BKF
Engineering in the amount of $38,200 for additional design services associated with the
Orcutt Road Widening Project, Specification No. 90521, and authorize the Mayor to execute
the amendment; motion carried 5:0.
C6.
C7.
ACTION: Moved by Carter/Settle to: 1) Approve agreement with Larry Walker Associates
for assistance on review and negotiation of the Water Reclamation Facility's National
Pollutant Discharge Elimination System (NPDES) Permit for an amount not to exceed
$25,000. 2) Appropriate $25,000 from Sewer Fund Working Capital to Wastewater
Administration contract services for these services; motion carried 5:0.
ACTION: Moved by Carter /Settle to: 1) Adopt Resolution.No. 9880 (2007 Series) declaring
the City's intention to authorize the transfer of rights and obligations under Franchise
Ordinance 1390 from Tosco Corporation to ConocoPhillips Company, and setting a public
hearing date for April 3, 2007. 2) Adopt Resolution No. 9881 (2007 Series) declaring the
City's intention to authorize the transfer of rights and obligations under Franchise
Ordinance 1391 from Union Pipeline Company ( "Unocap "), a California Corporation and
wholly owned subsidiary of ConocoPhillips Company to ConocoPhillips Pipe Line
Corporation; motion carried 5:0.
C8. FREEZE DAMAGE REIMBURSEMENT PROCESSING.
ACTION: Moved by Carter /Settle to adopt Resolution No. 9882 (2007 Series) naming the
Public Works Director as the City's agent to work with the California Governor's Office of
Emergency Services (OES) on reimbursement claims for damage due to the freeze in
January 2007; motion carried 5:0.
PUBLIC HEARINGS
1. 2007 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
Community Development Director Mandeville introduced this item, following which Housing
Programs Manager Brown presented the staff report.
Human Relations Commission (HRC) Chairperson Janna Nichols provided Council with an
overview of the process undertaken by the HRC in developing its recommendations.
CAO Hampian referenced a memorandum (on file in the City Clerk's office) sent to Council
regarding estimates for the Housing Authority Anderson Hotel painting project, as well as a
request from Project Amend for CDBG funding. He explained staff's recommendation to approve
the original funding request for the painting project. He also explained that staff did not
City Council Meeting
Tuesday, March 6, 2007 - 6:30 p.m.
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recommend funding the Project Amend request since application was not received within the
required deadline.
Staff and Chairperson Nichols responded to Council's questions.
Mayor Romero opened the public hearing.
The following people spoke in support of funding the repairs for Judson Terrace Homes: Francesca
Delorenzo (resident), Louise Justice (resident), Roger Jump (Administrator).
Jody Smith, representing the Prado Day Center, expressed appreciation for Council's continuing
support and funding.
Rave Fleming expressed appreciation for Council's funding assistance for the Health Services Clinic.
SVIvia Barnard, Executive Director of the Good Samaritan Shelter detoxification project, explained
the services that have been provided by the Shelter in the County and why she thinks funding the
project is realistic even though a site has not yet been located.
The following speakers expressed appreciation for funding for Life Steps Foundation: Cherri Neal,
Heidi Lopez, Kassie Davis, Cassie Uela and Elizabeth Marks.
Michael Axelrod, Executive Director of Project Amend, distributed articles and read a letter (on file in
the City Clerk's office) regarding the services Project Amend provides. He explained that the $20,000
funding request will enable Project Amend to obtain the Fire Marshal's approval of its facility.
Jack Witter, President of Board of Directors of Project Amend, spoke in support of Project Amend's
request.
Star Graber, SLO County Drug and Alcohol Services, discussed the County's support of the services
provided by Good Samaritan Detox, Life Steps Foundation and Project Amend.
Carol Hatlev, Housing Authority, discussed some of the needs of the Anderson Hotel. She also
spoke in support of funding for Project Amend.
Cherri Neal, Executive Director of Life Steps Foundation, also spoke in support of Project Amend.
Lillian Judd, representing Biz Steinberg and the Economic Opportunity Commission, spoke in favor
of the City advocating the detoxification services by funding the existing facilities.
Mayor Romero closed the public hearing.
Discussion ensued during which staff and Chairperson Nichols responded to questions. Of
particular concern were the needs of the homeless population that is dealing with substance abuse
and options for funding the Housing Programs Manager position.
ACTION: Moved by Brown/Settle to approve HRC recommendations #2 and #3, and adopt .
the HRC's recommended Resolution No. 9883 (2007 Series) approving the 2007 CDBG
Program activities and funding, with the exception of the recommended grant to Good
Samaritan Inc., for the reasons outlined in the staff report; motion carried 5:0.
Council also directed the HRC to consider broadening services to include the homeless '
population that is dealing with substance abuse when the HRC makes recommendations for the
2008 CDBG Program priorities.
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Tuesday, March 6, 2007 - 6:30 p.m.
Council concurred that staff should provide an option in the second year of the 2007 -09 Financial
Plan for reducing the CDBG allocation for the Housing Programs Manager position.
Council recessed from 8:55 to 9:05 p.m. and reconvened with all members present.
2. APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST (2191
SANTA YNEZ).
Public Works Director Walter introduced this item, following which Maintenance Supervisor -
Urban Forestry and Contract Services Pellemeier presented the staff report.
Tree Committee Chairperson Jim Lopes explained that the appellant has presented additional
information to Council that was not available when this matter was taken to the Tree Committee.
He explained the basis on which the Tree Committee made its decision and responded to
questions.
Mayor Romero opened the public hearing.
Roseanne Blackwell, representing property owner Ben Kulick, explained the owner's concerns
regarding the root system, which is growing over the gas and water lines. She reviewed concerns
raised in Mr. Kulick's letter to the Council (on file in the City Clerk's office), discussed his plans for
replacing the pine tree, noted the financial hardship a later removal would create for the property
owner, and responded to Council's questions.
Robert Shriver, Certified Arborist, explained why he believed the pine tree should be removed, and
responded to questions.
Mayor Romero closed the public hearing.
Council discussion ensued, during which Maintenance Supervisor - Urban Forestry and Contract
Services Pellemeier responded to questions.
Vice Mayor Mulholland expressed concern regarding the loss of skyline trees in the neighborhood
and explained why she couldn't make findings that differ from the Tree Committee's action or the
arborist's recommendation.
Council Members Settle, Brown, and Carter spoke in support of the appeal. Their reasons included
the condition of the limb and the potential for it and the root system to jeopardize the sidewalk,
utilities and house.
Mayor Romero also supported the appeal. He did not agree that it was a skyline tree and pointed out
that the tree is susceptible to pine pitch cancer and is not a rare tree.
ACTION: Moved by Settle/Brown to adopt Resolution No. 9884 (2007 Series) upholding an
appeal of a tree removal request at 2191 Santa Ynez Street; motion carried 4:1 (Mulholland
opposed).
COUNCIL LIAISON REPORTS
Council Member Brown along with Supervisor Patterson, in their role as Economic Opportunity
Commission Board members, will host a luncheon for those involved in providing services to the
homeless to explore more collaborative opportunities.
City Council Meeting
Tuesday, March 6, 2007 - 6:30 p.m.
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COMMUNICATIONS
Council Member Settle stated for the record that the dedication of the Bill Roalman bicycle path will
be held at 4:00 p.m. on March 20th, following which the Council meeting will commence at 5:00 p.m.
There being no further business to come before the City Council, Mayor Romero adjourned the
meeting at 9:40 p.m. to Tuesday, March 20, 2007, in the Council Chamber, 990 Palm Street, San Luis
Obispo.
Audrey Hooper,( U
City Clerk
APPROVED BY COUNCIL: 03120/07
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