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HomeMy WebLinkAbout12/07/20041 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 7, 2004 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Allen K. Settle, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Gary Henderson, Water Division Manager; Neil Havlik, Natural Resources Manager; Tim Bochum, Deputy Public Works Director; Jeff Hook, Associate Planner; Phil Dunsmore, Associate Planner; Tyler Corey, Associate Planner; Ron Whisenand, Deputy Director Community Development; Dan Blanke, Police Captain; Sue Baasch, Senior Administrative Analyst; Jodi Polk, Customer Service Supervisor; Rob Livick, Supervising Engineer Utilities Director Moss introduced the following new employees in the Utilities Department: Kelly Lindsay, Underground Utilities Locator for Water Distribution, and Brett Weathersbee, City Worker VII for Wastewater Collection Division. Mayor Romero presented Carolyn Dominguez with an Award of Excellence in Financial Reporting. Mayor Romero presented the Family of the Year proclamation to the Paul and Bridget Ready Family. CONSENT AGENDA It was noted that Item C12, Resolution that Clarifies the Intent of the Dana Street Abandonment, was withdrawn from the agenda and will be considered at a future date. Mike Reif. Jane Morton and Scott Barnes, residents of the Hertel Subdivision, spoke to Item C10, Final Acceptance of Public Improvements for Tract 2401. They expressed concerns 1 related to the poor quality of workmanship and the developer's failure to remedy a number of problems with their houses, including mold, a lack of heat and hot water, leakage, drainage, sidewalks and curbs. City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. Page 2 Supervising Civil Engineer Livick and CAD Hamplan responded to Council's questions. Pam Heatherington, Executive Director of Environmental Center of San Luis Obispo, discussed another subdivision built by the same builder with the same types of problems. A brief Council discussion ensued regarding the builder's consistently poor workmanship. Vice Mayor Ewan moved to defer action on Item C10 until after a re- inspection of the public improvements with members of the Homeowners' Association by staff to ensure public improvements meet the City's standards. Council Member Mulholland seconded the motion. The motion passed 4:0:1 (Settle abstained). ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as recommended by the City Administrative Officer, with the exception of Items C10 and C12; motion carried 5:0. Item C10 was acted on by a separate motion. Item C12 was pulled from the agenda. C1. DAMON GARCIA SHADE STRUCTURE DONATION. C2. C3. C4. ACTION: Moved by Settle/Mulholland to accept the Family and Friends of Adrian Brown's offer to donate a shade structure at the Damon - Garcia Sports Fields and authorize the Mayor, on behalf of the City, to enter into a donor agreement with the Friends and Family of Adrian Brown; motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1465 (2004 Series), amending the Planned Development to allow twenty new senior apartments, a creek setback exception and a new parking structure; motion carried 5:0. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9628 (2004 Series) approving the revised City Standard Specifications and Engineering Standards for Construction Projects and rescind the previous resolution; motion carried (5:0). WATER REUSE PROJECT — AMENDMENT #5 FOR OFFICE ENGINEERING SERVICES EXTENSION. ACTION: Moved by Settle/Mulholland to 1. Approve Addendum #5 in the amount of $127,040 to the agreement with Brown and Caldwell Consultants for extension of Office Engineering Services. 2. Authorize transfer of $127,040 from Water Fund working capital to Water Reuse design to cover the additional costs of this addendum; motion carried (5:0). C5. BANNER AND FLAG POLICY REVISIONS. ACTION: Moved by Settle/Mulholland to, as recommended by the Parks and Recreation Commission and the Downtown Association, adopt Resolution No. 9629 1 n City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. Page 3 (2004 Series) approving minor changes to the.City's Banner and Flag Policy; motion 1 carried 5:0. C6. FLEET REPLACEMENT — WASTEWATER COLLECTION CLOSED CIRCUIT ACTION: Moved by Settle/Mulholland to 1. Approve a single source purchase and authorize the CAO to execute an agreement for the purchase of a Closed Circuit Television UnitNehicle from Advanced Infrastructure Technologies for $116,155. 2. Approve a budget amendment request increasing sewer fund revenues by $22,000 from the sale of surplus unit and transferring $18,000 from these revenues to Specification No. 90431; motion carried 5:0. C7. UTILITY TRENCH REPAIR — FALL 2004, SPECIFICATION 90511. C8. 1 C9. C10. C11. 1 ACTION: Moved by Settle/Mulholland to 1. Approve Specifications for "Utility Trench Repair — Fall 2004, Specification No. 90511." 2. Authorize staff to advertise for bids. 3. Authorize the CAO to award the contract to the lowest responsible bidder within the engineer's estimate of $73,520; motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9630 (2004 Series) accepting the public improvements and releasing the bonds for Tract 2366; motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt. Resolution No. 9631 (2 04 Series) accepting the public improvements and releasing the bonds for Tract 2372; motion carried 5:0. ACTION: Moved by Ewan/Mulholland to continue this matter until after staff has re- inspected, accompanied by members of the Homeowners' Association, public improvements to ensure they meet City standards; adopted (4:0:1 Settle abstaining). ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9632 (2004 Series) approving the final map for Tract 2490 and authorizing the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5:0. City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. Page 4 C12. RESOLUTION THAT CLARIFIES THE INTENT OF THE DANA STREET ABANDONMENT. (RESOLUTION NO. 2472 x1973 SERIESI): THE ABANDONMENT DID NOT INCLUDE ABANDONMENT OF HAYS STREET. ACTION: This item was pulled from the agenda and will be considered by Council at a later date. No action was taken on it at this meeting. C13. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. ACTION: Moved by Settle/Mulholland to receive and file annual statements of revenues and expenditures from development impact fees for 2003 -04 (water, wastewater and transportation); motion carried 5:0. BUSINESS ITEMS UTILITY RATE STRUCTURE AND BILLING SYSTEM REVIEW. Utilities Director Moss and Senior Administrative Analyst Baasch presented the staff report. They and Finance Director Statler responded to Council's questions. Mayor Romero called for comments from the public. None were forthcoming. ACTION: Moved by Ewan/Settle to: 1. Review and discuss utility rate structure and billing system issues. 2. Authorize the City Administrative Officer to issue a Request for Proposals for the following financial and engineering services: a. Review issues and make recommendations regarding the need for any modifications to the City's water and sewer rate structures; b. Provide an analysis of available utility billing systems; c. Provide an analysis of remote meter reading systems and the benefits/costs to be realized with remote read systems; and d. Provide an analysis and recommendation regarding billing frequency. 3. Authorize the City Administrative Officer to award a contract for services, if within the estimate of $47,500. 4. Support expansion of City's utility billing services with web - enabled functionality; motion carried 5:0. 2. GROUNDWATER PROJECT: PHASE 1 EVALUATION OF PROJECT ALTERNATIVES AND POTENTIAL IMPACTS. Water Division Manager Henderson presented the staff report and responded to Council's questions. Mayor Romero called for comments from the public. None were forthcoming. ACTION: Moved by Settle/Mulholland to: 1. Receive and file report. 2. Direct staff to defer additional work associated with the Groundwater Development Project. 3. Direct staff to pursue the development of use of groundwater to meet non - potable Irrigation needs of commercial or institutional customers where feasible; motion carried 5:0. Mayor Romero reordered the agenda to consider Item 4 at this time. PUBLIC HEARING [l City Council Meeting Page 5 Tuesday, December 7, 2004 - 4:00 p.m. 4. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION. Utilities Director Moss presented the staff report and responded to Council's questions. He and Tom Martin, San Luis Garbage, responded to Council's questions. Mayor Romero opened the public hearing. None were forthcoming. Council Member Mulholland encouraged future truck purchases that use clean fuel alternatives. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9634 (2004 Series) increasing solid waste rates by 3.42% for interim year 2005 to become effective on February 1, 2005; motion carried 5:0. 3. ACCEPTANCE OF AN OFFER OF DONATION OF A 1.05 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET. Natural Resources Manager Havlik presented the staff report and responded to questions raised by Council Member Mulholland. Mayor Romero called for comments from the public. None were forthcoming. ACTION: Moved by Mulholland/Settle to accept the recommendation of the Planning Commission and to adopt Resolution No. 9633 12004 Series) authorizing the Mayor to accept the donation of a 1.05 acre parcel on the east side of San Luis Obispo Creek at Prado Road and South Higuera Street from Mr. Rob Olson, his wife Elise ( "Peaches "), Randy Ramsay, and Lizbeth Gladwill, subject to easements of record and any non - substantive changes approved by the City Attorney, per Mr. Olson's letter offer of September 29,2004; motion carried 5:0. CLOSED SESSIONS City Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Moloney, Karen Jenny, Bill Avery Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) 2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1049 Orcutt Road Landowner: Bullock Family Negotiating Parties: City of San Luis Obispo: Jonathan P. Lowell, Tim Bochum Landowner: Bullock Family Negotiations: Provide direction to City negotiators 3. CONFERENCE REGARDING PROPERTY NEGOTIATIONS City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. Pursuant to Government Code § 54956.8 Property: 1636 Woodland Drive Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Bowden Ranch Partners, LC Negotiations: Whether to acquire 4. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 485 Buckley Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Ercole and Naomie Brughelli Negotiations: Whether to acquire easement 5. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 Page 6 CLARA B. DALIDIO, an individual, DALIDIO FAMILY TRUST wva dated October 29, 1987, THELMA F. PERROZI TRUST wVa dated February 7, 1991, CLARA B. DALIDIO TRUST u/Va dated January 15, 1991 and SAN LUIS OBISPO MARKETPLACE ASSOCIATES, LLC, a California limited liability company vs. AUDREY HOOPER, City Clerk of the City of San Luis Obispo; CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040995 City Attorney Lowell reported that the Closed Sessions were held and direction was provided to the City's negotiators related to Items 1 through 4 and to the City Attorney related to Item 5. PUBLIC COMMENTS Sifu Kelvin Harrison, San Luis Obispo, discussed a number of personal concerns related to harassment. Gary Fowler, San Luis Obispo, asked Council to consider placing lights on the flagpoles in Mission Plaza to illuminate the flags after dark. CAO Hampian clarified that the flags are removed at night. Shanni Arnett made a presentation proposing that the City's regulations related to drive - throughs should be reconsidered. Copies of her report on this issue will be provided to Council. Andrew Carter, San Luis Obispo, suggested that drive - throughs are not desirable for this community and there is no need for Council to reconsider its regulations. PUBLIC HEARINGS Council Member Settle recused himself from action on the following item and left the Council Chamber at this time. 1 I City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. Page 7 5. PUBLIC HEARING OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS REGARDING THE CALLE JOAQUIN RELOCATION. Deputy Director Public Works Bochum and Public Works Director Walter presented the staff report. Mayor Romero opened the public hearing. Paul Maag, representing the Flagg properties, spoke in support of the proposed realignment. Bill Walter, San Luis Obispo, representing the owners of the Rose Garden Inn, spoke in opposition to staff's recommendation, expressed the owners' concerns regarding the process which the City has undertaken in this matter, and responded to questions raised by Council Members. Staff also responded to Council's questions. Hearing no further comments, Mayor Romero closed the public hearing. Council Members discussed their support of staff's recommendation, noting the need to proceed with improvements on Los Osos Valley Road. During the discussion, Council Member Mulholland explained that while she is not in support of Costco, she is supportive of this action because of the need to proceed with the Calle Joaquin realignment. ACTION: Moved by Brown/Ewan to open the hearing, review facts, accept comments, close the hearing and adopt Resolution No. 9635 (2004 Series) of Necessity to initiate eminent domain proceedings against the subject property; motion carried 4:0:1 (Settle absent). Council Member Settle returned to the Council Chamber at this time. 6. Associate Planner Hook presented the staff report. Mayor Romero opened the public hearing. Chuck Crotser, representing the Cultural Heritage Commission, spoke in support of the recommendation. Hearing no further comments, Mayor Romero closed the public hearing. Council Members spoke in support of adding the subject property to the Master List of Historic Resources. They concurred with Vice Mayor Ewan's suggestion that "virtual tours" for historic properties similar to the one prepared by Mr. Carpenter, owner of the subject house, should be considered for future inclusion on the City's website t ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9636 (2004 Series) as recommended by the Cultural Heritage Committee, adding the property to the Master List of Historic Resources; motion carried 5:0. City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. 7. Page 8 Associate Planner Dunsmore presented a comprehensive report on the various components of the proposed project. Community Development Director Mandeville discussed the City's General Plan policies related to locating development in flood zones. A recap of the policies he discussed are on file in the City Clerk's office. Supervising Civil Engineer Livick explained how the proposed project complies with the City's and FEMA's flood policies and the City's Waterways Management Plan. He also explained how the flood potential will be reduced by replacing the existing bridge and why the fill required for the project will not cause a significant decrease in flood plain storage. A summary of Mr. Livick's comments are on file in the City Clerk's office. Staff, including Natural Resources Manager Havlik, responded to Council's questions. In response to Council Member Settle's request for clarification for the record, Supervising Civil Engineer Livick explained that the detention basin is designed to mitigate up to a 100 - year, 24 -hour storm event. Mayor Romero opened the public hearing. George Garcia, applicant, responded to questions related to the grading on Lot 17 and discussed the history of the project and changes that have been made since it was presented to Council in December 2003. He addressed issues that were raised previously related to land use compatibility, zoning compatibility, noise impacts and parking, as well as concerns related to flooding. He responded to Council's questions. Mayor Romero referenced a speaker's card from Scott Liddi who was unable to stay for this hearing and said that Mr. Liddi supports the proposed project. Willi Zilkev, project neighbor, asked for clarification regarding the parking spaces and explained why she doesn't think there is a need for a trail to be built in the open space. Bob Zilkev, project neighbor, expressed concern that the proposed grey water system that recycles bath and laundry water for irrigation may contain toxic or corrosive material that may eventually empty into San Luis Creek. He did not think the project is a good fit. Dodie Williams. San Luis Obispo, explained why she does not think the project can achieve a 30% energy efficiency. She suggested that while the project has been improved, there are still concerns related to water and parking and whether the project will be affordable. She asked whether the five -acre open space area will be accessible to the public. Linda Vanasupa, San Luis Obispo, Chuck Crotser. San Luis Obispo, Andy Mutzinger, Air Quality Specialist, and Andrew Carter. San Luis Obispo, Dan Kallal. Steve Rosen. San Luis Obispo, and Eric Meyer San Luis Obispo, spoke in support of the project. Gina Cindrich, San Luis Obispo, opposed the project and said her main concern relates to the potential flooding risks. J City Council Meeting Page 9 Tuesday, December 7, 2004 - 4:00 p.m. t Helene Finger. San Luis Obispo resident and registered Civil Engineer, expressed concern about creating an island of development within an open space. She asked that if the project does not proceed, the development limit line not be changed. Troy Finger. San Luis Obispo, explained why he does not see the trail as a public amenity and asked that it be removed form the conditions. He also had concerns regarding the development limit line. Tom Di Santo, Project Architect, addressed issues raised earlier related to the trail, insulation of raised floors and walls, use of grey water systems, open space, and flood mitigation that exceed calculations. Bob Crizer. Construction Consultant, also addressed issues raised earlier and pointed out that the project has been supported by the Sierra Club, ECOSLO, the Air Pollution Control District and the Engineering Department at CalPoly. Rick Hamlin. San Luis Obispo, said that the garages must be left vacant and open for the water to pass through. Hearing no further comments, Mayor Romero closed the public hearing. Council discussion ensued during which staff and the applicants responded to questions. The discussion included whether it would be feasible to add a condition that would keep the parking areas clear for parking purposes only and to incorporate such a requirement into the CC &Rs. Council Member Settle spoke in support of the project as presented. Vice Mayor Ewan expressed disappointment in the loss of affordable housing, but supported the project, including a trail that has been planned, staked and mildly constructed. Council Member Mulholland spoke in opposition to the project. Her concerns related, in part, to the loss of the affordability component, that it is not an in -fill project, that it does not meet hillside standards, and that it is not smart, slow or defensible growth. Council Member Brown spoke in support of the recommendation and said that it is important that the trailhead be constructed. Mayor Romero said that his initial concerns have been resolved, but that he still has some discomfort related to flooding. He also had concerns and suggestions related to the removal of the small bridge and the widening of the abutments to permit full creek flows, keeping the carports clear of obstructions so as not to obstruct flood flows, building the streets to the City's standards instead of using eco- blocks, installing a street light in the area where there is a turnaround, limited parking and not making provisions for deliveries, and requiring an improved trail to the development limit. ACTION: Moved by Ewan/Settle to 1. Adopt Resolution No. 9637 (2004 Series). 2. Ordinance No. 1467 (2004 Series) introduced. 3. Resolution No. 9638 (2004 Series) adopted (4:1 Mulholland opposed) with the following amendments: 1) Parking areas are to be kept clear for parking purposes only and the carports are to be kept free of storage so that water can flow through at all times without impediment. This requirement will be included in the CC &Rs. 2) The trail is to be improved to the edge of City Council Meeting Tuesday, December 7, 2004 - 4:00 p.m. Page 10 the property and the Natural Resources Manager will stake a route connecting it to the existing trail. 3) The development limit line is to be set at a 190 -foot contour. 4) The appropriate language will be added requiring the subdivider to complete a map amendment with FEMA 8. GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, AND REZONE FROM No staff presentation was made. Marshal Ochylski, representing the applicant, asked Council to support the CAO recommendation. ACTION: Moved by Mulholland/Settle to 1. Adopt Resolution No.9639 (2004 Series) approving a Negative Declaration of environmental impact (ER 52 -04) and amending the General Plan Land Use Element map and Edna -Islay Specific Plan map to change the land use designations of the site from Services and Manufacturing to Office. 2. Introduce Ordinance No. 1468 (2004 Series) changing the zoning on the subject properties from Service Commercial Specific Planned Development (C -S- SP-PD) to Office Specific Plan (0-SP); motion carried 5:0. 9. CONSIDERATION OF A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH AN EXCEPTION TO LOT WIDTH. 465 & 467 DANA STREET (LLA 177 -04).. Community Director Mandeville presented the staff report. Mayor Romero opened the public hearing. Leonard Lender, surveyor for the project, asked that consideration be given to deleting the requirement to eliminate the window on the upper floor of the right -hand, two -story building on parcel A be permitted to remain. No action was taken to eliminate this requirement. Hearing no further comments, Mayor Romero closed the public hearing. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9640 (2004 Series) approving a lot line adjustment, with an exception to the Subdivision Regulations, based on findings and subject to code requirements; motion carried 5:0. BUSINESS ITEMS 10. ENCHANCEMENT ZONE DURING MARDI GRAS. Police Chief Linden presented the staff report, noted that the ASI representatives have communicated their support of the proposed ordinance, and responded to questions. Council Member Mulholland suggested that a provision should be added related to community service. Mayor Romero called for comments from the public at this time. City Council Meeting . Page 11 Tuesday, December 7, 2004 - 4:00 p.m. Matt Mackey, San Luis Obispo, spoke in opposition to increasing the fines on a temporary basis. He was particularly concerned that the fines maybe construed as targeting a specific segment of the community and that they would undermine fines in place the remainder of the year. He also said he supported community service. Andrew Carter, San Luis Obispo, spoke in support of the ordinance. Steven Rosen, San Luis Obispo, spoke in opposition to community service and discussed the benefits that CalPoly brings to the community. Discussion ensued related to the feasibility of implementing a community service program. Police Chief Linden discussed the community service options that already exist through the District Attorney's office, the City s efforts to link with that program, and the inability of the City to create new, supervised community service components of its own at this time. ACTION: Moved by Settle/Mulholland to introduce Ordinance No. 1469 (2004 Series) adding Chapter 9.22 to Title 9 of the San Luis Obispo Municipal Code that would: 1. Enable the designation of Safety Enhancement Zones in the City of San Luis Obispo to temporarily increase fines and penalties for certain Municipal Code violations for a designated time period; and, 2. Establish a city-wide Safety Enhancement Zone during the period of Mardi Gras each year; motion carried 5:0. 11. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2005. No staff report was made. Mayor Romero called for comments from the public. None were forthcoming. ACTION: Moved by Settle/Mulholland to approve Council Liaison Subcommittee assignments for calendar year 2005 as listed in Attachment 1; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her recent attendance at an Economic Vitality Corporation meeting and a Cultural Heritage Committee meeting. Vice Mayor Ewan reported on his attendance last week at the Air Pollution Control District meeting. Mayor Romero noted that he will attend the San Luis Obispo Council of Governments meeting Wednesday morning. None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:55 p.m. to Tuesday, December JA-2004 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Hoo r City Clerk APPROVED BY COUNCIL: 1/4105