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HomeMy WebLinkAbout08/16/2005ROLL CALL: Council Members Present: Council Members Paul Brown, Allen K. Settle, Christine Mulholland, and Mayor Dave Romero were present at Roll Call. Vice Mayor John Ewan was seated at 4:20 p.m. 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; Deborah Linden, Police Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Mike McGuire, Assistant Engineer; Doug Davidson, Housing Programs Manager; Todd Beights, Parks & Urban Forest Supervisor; Pam Ricci, Senior Planner; Jaime Hill, Associate Planner; Austin O'Dell, Transit Manager; Ian Parkinson, Police Captain; Ron Combs, 1 City Arborist; Rob Livick, Development Review Engineer CLOSED SESSION City Attorney Lowell announced the following Closed Session topic: LIABILITY CLAIM Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Bernard Silva City Attorney Lowell reported that the Closed Session was held and Council provided direction to staff. There was no other reportable action at this time. INTRODUCTION Finance Director Statler introduced the following new employees in the Finance Department: Brigitte Elke, Customer Service Supervisor, Dee Lawson, Accounting Assistant I, and Marti Reynolds, Accounting Assistant I. Police Chief Linden introduced the following new employees in the Police Department: Larry Edwards, Police Officer, Tera Rapp, Records Clerk, Mark Anselmi, Communications Technician, and Jennifer Murphy, part-time Records Clerk. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 16, 2005 — 4:15 P.M. COUNCIL CHAMBER, 990 PALM SREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Allen K. Settle, Christine Mulholland, and Mayor Dave Romero were present at Roll Call. Vice Mayor John Ewan was seated at 4:20 p.m. 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; Deborah Linden, Police Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Mike McGuire, Assistant Engineer; Doug Davidson, Housing Programs Manager; Todd Beights, Parks & Urban Forest Supervisor; Pam Ricci, Senior Planner; Jaime Hill, Associate Planner; Austin O'Dell, Transit Manager; Ian Parkinson, Police Captain; Ron Combs, 1 City Arborist; Rob Livick, Development Review Engineer CLOSED SESSION City Attorney Lowell announced the following Closed Session topic: LIABILITY CLAIM Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Bernard Silva City Attorney Lowell reported that the Closed Session was held and Council provided direction to staff. There was no other reportable action at this time. INTRODUCTION Finance Director Statler introduced the following new employees in the Finance Department: Brigitte Elke, Customer Service Supervisor, Dee Lawson, Accounting Assistant I, and Marti Reynolds, Accounting Assistant I. Police Chief Linden introduced the following new employees in the Police Department: Larry Edwards, Police Officer, Tera Rapp, Records Clerk, Mark Anselmi, Communications Technician, and Jennifer Murphy, part-time Records Clerk. City Council Meeting Page 2 Tuesday, August 16, 2005 - 4:15 p.m. APPOINTMENTS Al. APPOINTMENT RECOMMENDATION TO THE BICYCLE ADVISORY COMMITTEE. Vice Mayor Ewan presented the report. ACTION: Moved by Ewan/Brown to appoint Timothy Gillham to fill an unexpired term beginning August 16, 2005, and expiring on March 31, 2007; motion carried 5:0. A2. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS MEMBER. Downtown Association Administrator Cash presented the report and introduced Anna Wong. ACTION: Moved by Ewan /Settle to appoint Anna Wong to the SLO Downtown Association Board of Directors; motion carried 5:0. CONSENT AGENDA Council Member Settle declared that he would recuse himself from Item C6 because his residence is in the vicinity of this project Council Member Mulholland and Mayor Romero referred to Item C8 and acknowledged Winnifred Grace Warten and Jack Witter of the Village Retirement Home for their contribution on behalf of a lighted pedestrian crosswalk on Ramona Drive. ACTION: Moved by Ewan/Brown to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried 5:0. Cl. APPROVE MINUTES OF TUESDAY. JULY _19.2005. REGULAR MEETING AND TUESDAY, JULY 26.2005, ADJOURNED REGULAR MEETING. ACTION: Moved by EwanBrown to waive oral reading and approve as presented; motion carried 5.0. C2. POLYBUTYLENE SERVICE REPLACEMENT, SPEC. NO. 90526. C3. ACTION: Moved by Ewan/Brown to 1. Approve plans and specifications for "Polybutylene Service Replacement Spec. No. 90526." 2. Authorize staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the Project Budget; motion carried 5:0. ACTION: Moved by Ewan/Brown to 1. Approve the request for proposals for janitorial maintenance services. 2. Authorize staff to advertise for proposals. 3. Authorize the CAO to execute a contract for Parking Lots and Parking Structure cleaning if the cost is within the budget of $216,415. 4. Authorize the CAO to execute a contract for Park Restroom cleaning if the cost is within the budget of $60,200; motion carried 5:0. 1 1 1 I I 1 City Council Meeting Page 3 Tuesday, August 16, 2005 — 4:15 p.m. C4. REQUEST FOR PROPOSALS FOR PARKING METER COIN COLLECTION SERVICES, SPEC. N0.90530. C5. C6. C7. C8. C9. ACTION: Moved by Ewan/Brown to 1. Approve and authorize distribution of the Request for Proposals for Parking Meter Coin Collection Services, Spec. No. 90530. 2. Authorize staff to advertise for proposals. 3. Authorize the CAO to execute a contract with the selected firm if the cost is within the budgeted sum of $41,000; motion carried 5:0. ACTION: Moved by Ewan/Brown to adopt Resolution No. 9715 (2005 Series) approving the Memorandum of Agreement for an eighteen month contract; motion carried 5:0. DEVELOPMENT SUBDIVIDER). ACTION: Moved by Ewan/Brown to adopt Resolution No. 9716 (2005 Series) accepting the public improvements and releasing the bonds for Tract 2307; motion carried 4:0:1 (Settle recused). LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATEIALTERNATE 2005. ACTION: Moved by EwanBrown to designate Mayor Romero as the voting delegate and Vice Mayor Ewan as the voting alternate to the League of California Cities Annual Conference; motion carried 5:0. ACCEPTANCE OF DONATION FOR IN- GROUND PAVEMENT LIGHTING FOR RAMONA STREET. ACTION: Moved by Ewan/Brown to 1. Accept donations to fund the purchase and installation of a solar powered in- roadway pedestrian warning light system at the Ramona mid -block crosswalk in an approximate amount not to exceed $30,000. 2. Authorize the Mayor to sign the donor agreements. 3. If approved, authorize the CAO to enter into a sole -source purchase agreement with Silicon Constellations to install the in- roadway lights; motion carried 5:0. REQUEST FOR PROPOSALS FOR LABOR RELATIONS SERVICES, SPEC. NO. 90597. ACTION: Moved by EwanBrown to 1. Approve the Request for Proposals for labor relations services, Spec. No. 90597. 2. Authorize distribution of the Request for Proposals. 3. Authorize the City Administrative Officer to award a contract if contract prices are within the cost estimate of $40,000; motion carried 5:0. City Council Meeting Page 4 Tuesday, August 16, 2005 – 4:15 p.m. C10. 2005 -06 COMMUNITY PROMOTIONS CONTRACTS. ACTION: Moved by Ewan/Brown to approve the Promotional Coordinating Committee's recommendations to: 1. Provide funding in the amount of $42,200 in 2005 -06 for public relations services and authorize the Mayor to execute a one -year agreement with the San Luis Obispo Chamber of . Commerce for said services. 2. Provide funding in the amount of $86,300 for 2005 -06 for visitor and electronic information services and authorize the Mayor to execute a one -year agreement with the San Luis Obispo Chamber of Commerce for said services. 3. Provide funding in the amount of $72,100 for 2005 -06 for regional marketing services and authorize the Mayor to execute a one -year agreement with the San Luis Obispo County Visitors and Conference Bureau (VCB) for said services. 4. Provide funding in the amount of $174,000 for 2005 -06 for advertising services and execute a one - year amended and restated agreement with Barnett, Cox & Associates for said services; motion carried 5:0. BUSINESS ITEMS 1. 919 PALM STREET TENANT IMPROVEMENT PROJECT, SPEC. NO. 90323. Public Works Director Walter introduced this item, following which Assistant Engineer McGuire provided a summary of the bids, a comparison of the higher bid costs, and proposed funding sources. He and Public Works Director Walter responded to questions. Public Comments None. end of public comments — A brief discussion followed regarding the feasiblity of reducing the 990 remodel project by 50,000. ACTION: Moved by SettleBrown to 1. Approve an additional $160,000 to the overall budget for the 919 Palm Street Project, Spec. No. 90323 (Alternative #3). 2. Award the construction contract to S.J. Deferville Construction, Inc., in the amount of $1,598.000; motion carried 4:1 (Mulholland opposed). 2. Community Development Director Mandeville commenced the presentation, following which Housing Programs Manager Davidson discussed the historical use of the City's affordable housing funds, the uniqueness of the proposal, Affordable Housing Criteria that must be considered in meeting the request and staff's recommendation. He responded to Council's questions. Public Comments George Movlan, Housing Authority Director discussed the project and how the proposed concept has worked in other locations. He responded to Council's questions. –end of public comments- City Council Meeting Tuesday, August 16, 2005 — 4:15 p.m. Page 5 A brief discussion followed during which Council Members expressed their support of the request. ACTION: Moved by Settle/Ewan to 1. Determine that the Housing Authority's request for $600,000 meets City Affordable Housing Fund award criteria set by previous Council action. 2. Authorize the CAD to negotiate and execute an agreement with the Housing Authority for a loan of $600,000 from the City's Affordable Housing Fund (AHF); motion carried 5:0. PUBLIC HEARINGS 3. APPEAL OF TREE REMOVAL PERMIT CONDITIONS REQUIRED BY TREE COMMITTEE DECISION. Public Works Director Walter introduced this item, following which Parks & Urban Forest SUDervisor Beiahts discussed the Tree Committee's action. Mayor Romero opened the public hearing. Guillermo Nevarez, appellant, explained why he opposed the Tree Committee's action. He was particularly concerned that the trees pose a safety hazard to the renters. He responded to Council's questions and displayed photographs in support of his position. Dana Justesen, San Luis Obispo, clarified that the neighbor's concerns relate to the visual impact that will result from the removal of the trees. She spoke in support of the Tree Committee's recommendation requiring the delayed removal of these trees until two years after the planting of the new trees. Evv Justesen, San Luis Obispo, discussed the property owner's responsibility to care for the trees and recommended an arborist to Mr. Nevarez. Jan Salem, San Luis Obispo, noted that numerous trees in San Luis Obispo go through the lines and expressed concern about setting a precedent by allowing these trees to be removed for that purpose. Mr. Nevarez reiterated that he is willing to plant any tree of the Tree Committee's choice. Mayor Romero closed the public hearing. Council Member Settle suggested that the property owner would save money by pruning the trees and thereby preserving the value of his property. In response to Council Member Brown City Arborist Ron Combs explained that the trees in question are large and fast - growing elms that would require on -going maintenance over the years. He clarified that PG &E will only trim the very top lines of the trees and the property owner would have to prune side growth or heavy tips. He discussed the basis of the Tree Committee's decision and responded to additional questions. Council Member Mulholland spoke in support of trimming the trees, but acknowledged that the decay of fast growing trees resulting from pruning is a problem. As a result, she supported the planting of new trees and ensuring their vigorous growth prior to removing the existing trees. She expressed concern that there is a lack of follow -up that will ensure that the new trees are growing and thriving before the existing trees are removed. City Council Meeting Page 6 Tuesday, August 16, 2005 — 4:15 p.m. Vice Mayor Ewan supported the Tree Committee's recommendation, but suggested that the City should work with PG &E to educate residents on the proper method for follow -up pruning and tree maintenance after PG &E has topped the trees for safety purposes. Mayor Romero clarified that the trees in question are in the cable and telephone lines, not the power lines. He explained that it is possible to prune the trees without endangering them. Council Member Brown spoke in support of the Tree Committee's action. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9717 (2005 Series) denying the appeal of the Tree Committee's decision to phase the replacement of the two American Elm trees located at 1990 Loomis Street and modifying Section 1.a. of the resolution to prohibit the removal of the two existing American Elm trees prior to two years after the planting of the replacement trees; motion carried 3:2 (Settle/Romero opposed). Council Member Settle and Mayor Romero opposed the motion on the basis that the trees should not be removed at all. PRESENTATION Mayor Romero and Police Chief Linden presented a Certificate of Appreciation for Heroic Action to Preston Scott Scharf, who, along with Jack Wesley Robinette, acted without regard to his own safety to assist officers during a violent and dangerous encounter. PUBLIC COMMENT 1 Gary Fowler, San Luis Obispo, expressed concern regarding the lack of a street sign designating Court Street. He presented a news article discussing Atlanta's ban on panhandling and referenced ordinances adopted by other cities in an effort to resolve this problem. He suggested that the new Fire Chief be required to live in the City. Gus Thomasson, San Luis Obispo, discussed his continuing concerns about the development at 1922 Johnson Avenue. Brad Brown, San Luis Obispo, complimented Council on the addition of the bike lane on Pismo Street and the City's work on San Luis Creek prior to the rains. Pete Schwartz, San Luis Obispo, discussed the status of the development at 1922 Johnson, said the developer has refused to speak with the mediator, and expressed continuing concern with how this project has been handled. A brief discussion followed during which City Attorney Lowell indicated that this matter is still under investigation. He indicated that he will provide Council and the neighbors with a report as soon as the investigation is complete. He explained that there is no basis on which to stop construction, that the new landscaping plan has been submitted and approved, and that the permit is in compliance. Sifu Kelvin Harrison, San Luis "Obispo, discussed his continuing concerns related to harassment City Council Meeting Tuesday, August 16, 2005 — 4:15 p.m. 1 4. PUBLIC HEARINGS Page 7 Community Development Director Mandeville introduced this item, following which Senior Planner Ricci provided Council with an overview of the proposal. She displayed a map depicting the project site. She discussed the applicant's proposal, requested entitlements, steps involved in determining consistency with the General Plan, key General Plan policies that apply directly to review of the proposal, and the Planning Commission's review of the project. She also provided a summary explaining why the proposal is consistent with the General Plan, and discussed the CAO recommendation (including revisions contained in an August 12 red file item from CAO Hampian, on file in the City Clerk's office). She responded to Council's questions. Mayor Romero opened the public hearing. Jamie Kirk representing the applicant, spoke in support of the staff report and recommendations. She explained that the reconfigured land use designations will support future auto uses and discussed why it is considered a superior alternative. Andrew Carter, speaking as a resident, explained why he does not believe the proposed project is the environmentally superior alternative and questioned whether grading in the open space meets the intent of the General Plan. Mayor Romero closed the public hearing. Council discussion followed, during which Council requested additional clarification regarding the project and staff responded to questions. Council Member Mulholland expressed concern about the viability of the agricultural land and asked that the Bob Jones bike trail be located to minimize impacts. Vice Mayor Ewan suggested that the cul- de-sac be pulled back to approximately halfway down Lot 4 and that the approximately 10 -foot buffer area between the freeway and Calle Joaquin be landscaped with lower- growing shrubs. ACTION: Moved by Brown/Settle to 1. Adopt Resolution No. 9718 (2005 Series) requesting that the Local Agency Formation Commission (LAFCO) take proceedings for the 25.6 -acre Annexation, based on findings. 2. Adopt Resolution No. 9719 (2005 Series ) reconfiguring the boundary between the Open Space and Services & Manufacturing land use designations on the General Plan Land Use Element (LUE) map, based on findings. 3. Introduce Ordinance 1478 (2005 Series) prezoning sites within the annexation area and provided a summary of why the project is to be consistent with the reconfigured LUE map designations (C -S, Service - Commercial and C/OS -20, Conservation/Open Space with a 20 -acre minimum parcel size). 4. Adopt Resolution No. 9720 (2005 Series) approving a tentative parcel map, based on findings, and subject to conditions, including modifications contained in the August 12 red file item from the CAO (on file in the City Clerk's office), modifications to the location of the cul de sac, and creation of a landscaping buffer. 5. Adopt Resolution City Council Meeting Tuesday, August 16, 2005 — 4:15 p.m. 5. Page 8 No. 9721 (2005 Series) accepting the negotiated exchange of property tax revenues and annual tax increment that is required as a prerequisite of any jurisdictional change by the Revenue and Tax Code Section 99. The motion included direction to the ARC to find the best way to proceed with the bike trail without bisecting the open space; motion carried 4:1 (Mulholland opposed). HOMES (GP/R. TR. ER, 9-05,499 BRIZZOLARA). Associate Planner Hill presented the staff report. She discussed the applicant's proposal and the existing and proposed General Plan designation. She reviewed the exceptions to parking and driveway standards and the conditions of approval that would apply as a parking mitigation. She also reviewed the site, discussed neighborhood input, and responded to Council's questions. Mayor Romero opened the public hearing. Jamie Kir representing the applicant, concurred with staff's presentation. She referred to the neighbor's concerns regarding parking and said that the project includes two additional parking spaces. Bill Maule, San Luis Obispo, asked Council to recognize the existence of wildlife in this area. He expressed concern that the dens included in the units will be used as additional bedrooms, thus increasing the need for additional parking spaces. Anne Brown, Avila Beach resident, expressed concern regarding the use of open space along the creek, particularly as it could affect the existing wildlife. She suggested that parking of mobile homes, recreation vehicles and boats should not be allowed in the project. Cynthia Barb, San Luis Obispo, did not oppose the development, but expressed concern regarding the potential number of students that may reside in a unit and the resultant impact on parking and traffic. She suggested that public transportation should be provided to the area, including the expansion of trolley service, and that one of the units should be designated low income. She also expressed concern regarding the wildlife. Mayor Romero closed the public hearing. Council discussion ensued during which staff responded to questions and addressed, in part, concerns related to the location of trash receptacles, providing a creek seback for natural habitat purposes, protection of the riparian habitat and wildlife during construction, possible fencing to delineate the creek setback area, the existence of regulations that preclude boat and recreational vehicle parking on site, flooding concerns, and parking and driveway standards. ACTION: Moved by Settle/Mulholland to: 1. Adopt Resolution No. 9722 (2005 Series) approving an amendment to the General Plan Land Use Element map to change the land use designation for the site from Low Density Residential to Medium- Density Residential. 2. Adopt Resolution No. 9723 (2005 Series) approving the vesting tentative tract map for an eight lot residential common interest subdivision, including exceptions for tandem parking and reduced side yard setbacks. Staff was also directed to amend Condition 10. (Grading & Drainage) of the resolution to revise language regarding elevations of buildings rather than 71 L --A [1 1 City Council Meeting Page 9 Tuesday, August 16, 2005 – 4:15 p.m. lots or building pads, and requiring that they be wet flood - proofed according to FEMA guidelines and City regulations. 3. Introduce Ordinance No. 1479 (2005 Series) that changes the zoning on the subject property from Low - Density Residential with Special Considerations (R -1 -S) to Medium Density Residential with Special Considerations (R -2 -S). Council also asked that the ARC consider the addition of a split rail fence adjacent to the open space area for the purpose of protecting the creek setback area and driveways with a minimum length of 20 feet to the back of the sidewalk to allow adequate area for vehicle parking; motion carried 5:0. Council recessed at 9:30 p.m. and reconvened at 9:40 p.m. 6. FARE POLICY UPDATE FOR SAN LUIS OBISPO TRANSIT. Public Works Director Walter introduced this matter, following which Transit Manager O'Dell presented the staff report. He defined the fare policy and explained that the last update was in 1996. He explained that the staff and MTC recommendation are the same. Mayor Romero opened the public hearing. None. Mayor Romero closed the public hearing. MTC AND CAO ACTION: Moved by MulhollandBrown to 1. Adopt Resolution No. ? ? ?? (2005 Series) approving the Fare Policy Update for San Luis Obispo Transit as recommended by the Mass Transportation Committee. 2. Appropriate an additional $4,500 from the unappropriated Transit Fund Balance to program electronic farebox equipment; motion carried 5:0. BUSINESS ITEMS 7. REPORT AND RECOMMENDATIONS REGARDING THE PUBLIC NUDITY ORDINANCE WITH OPTION TO AMEND EXISTING MUNICIPAL CODE PROVISIONS. Police Chief Linden and Police Captain Parkinson presented the staff report. Their report included background information, a review of provisions of the ordinance, a review of other existing laws related to indecent exposure and lewd acts in public, neither of which can be used to deal with public nudity or "flashing." They reviewed activities related to public nudity since the adoption of the ordinance and concerns that were voiced at the time the ordinance was adopted. They also discussed evidence that the ordinance accomplished its purpose, explained why staff believes the ordinance is still needed, and responded to questions. Public Comments Andrew Carter, San Luis Obispo, spoke in continued support of the ordinance, noting that it is particularly important during Mardi Gras. —end of public comments— Moved by Settle/Romero to adopt the CAO recommendation to take no action to amend the ordinance at this time. City Council Meeting Page 10 Tuesday, August 16, 2005 - 4:15 p.m. A brief discussion followed during which Vice Mayor Ewan stated he would oppose the motion because he does not think the ordinance is necessary beyond Mardi Gras and Council Member Brown stated he would support Option 2 (modifying the ordinance to be in effect at Council direction). Motion failed 2:3 (Brown, Ewan, Mulholland opposed). Council Member Brown stated for the record that he has witnessed behavior which he believes merit the need for control during Mardi Gras. ACTION: Moved by Mulholland/Ewan to adopt Option 2: 1. Introduced Ordinance No. 1480 (2005 Series) amending Chapter 9.30 of the Municipal Code, limiting the application of this chapter to time periods to be specified by Council resolution. 2. Adopted Resolution No. 9725 (2005 Series) making Section 9.30.010 of the Municipal Code effective the Thursday preceding Fat Tuesday until the Wednesday following Fat Tuesday each year; motion passed 3:2 (Settle/Romero opposing). COUNCIL LIAISON REPORTS Council Member Settle discussed his concerns regarding the State's efforts to change the situs application of sales tax through an initiative. He indicated that he will provide Council with a synopsis of the League of California Cities' activities related to ballot measures. Council Member Mulholland reported on her attendance at the recent County Water Resources Advisory Committee meeting and a special meeting that will be held on August 17'". Council Member Brown reported that the Economic Vitality Corporation has created subcommittees to address a number of concerns. He has been appointed to serve on the communications subcommittee. He discussed his participation in the live fire training today. Vice Mayor Ewan reported that he was unable to attend the Downtown Association meeting last week. COMMUNICATIONS Council Member Settle discussed his concerns regarding damage being done in parks, particularly in French Park by trucks, and the need for there to be consequences for this type of behavior. City Attorney Lowell explained that staff is investigating fines or restitution from the perpetrators for repair of the damage they have caused. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:35 to Tuesday, August 23, 2005, at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. 7 Audrey Ho er City Clerl APPROVED BY COUNCIL: 9/6105