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HomeMy WebLinkAbout12/06/20051 1 ROLL CALL: Council Members Present: City Staff: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 6, 2005 - 5:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members Paul Brown, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero were present at Roll Call. Council Member Allen K. Settle was seated at 5:40 p.m. 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; John Moss, Utilities Director; Jay Walter, Public Works Director; Paul LeSage, Parks and Recreation Director; Gary Henderson, Water Division Manager. PRESENTATION On behalf of the National Management Association, Viv Dilts and Sue Baasch presented Assistant CAD George with the Silver Knight Award. Viv Dilts and Barbara Ehrbar presented Sue Baasch with the National Management Association Jade Award. Mayor Romero recognized Vice Mayor Ewan for his service as Vice Mayor from December 2004 to December 2005. Al. VICE MAYOR APPOINTMENT. ACTION: Moved by Mulholland/Brown to appoint Council Member Allen Settle as Vice Mayor to serve a one -year term commencing upon appointment; motion carried 4:0:1 (Settle absent). A2. REDESIGNATION OF JACK HOUSE COMMITTEE MEMBER. ACTION: Moved by Mulholland/Brown to redesignate Geraldine Johnson from an at -large member of the Jack House Committee to the County Historical Society representative; motion carried 4:0:1 (Settle absent). A3. APPOINTMENT RECOMMENDATIONS TO THE MASS TRANSPORTATION COMMITTEE (MTC). ACTION: Moved by Mulholland/Brown to: 1. Appoint Kathryne Howard to serve an unexpired term as the Member -at -Large on the Mass Transportation Committee City Council Meeting Tuesday, December 6, 2005 - 5:00 p.m. Page 2 beginning on January 11, 2006, and ending on March 31, 2007. 2. Appoint Emily Avery to serve an unexpired term as the Student Representative on the Mass Transportation Committee beginning on January 11, 2006, and ending on March 31, 2007; motion carried 4:0:1 (Settle absent). A4. APPOINTMENT RECOMMENDATION TO THE PLANNING COMMISSION. ACTION: Moved by Ewan/Romero to appoint Jason McCoy to an unexpired term ending March 31, 2007; motion carried 4:0:1 (Settle absent). CONSENT AGENDA Council Member Mulholland requested that Item C5 be pulled for discussion, acknowledged additional language being proposed to be added to Item C6 regarding trees and drip lines (on file in the City Clerk's office), and said that she will oppose Items C8 and C9. Mayor Romero referred to C6 and said Caltrans will be eliminating the metric requirement in its standards within the next year. He said he expects the City will modify its standards to comply with what the State is doing. He said he will oppose Item C9, the Creekston project, based on comments made at the prior meeting that the design needs modification so as to avoid an undesirable situation for residents of the property and because of access problems both to Broad Street and Orcutt Road, By consensus, Council pulled item C9 from the Agenda until later in the meeting when a full Council was present. CAD Hampian referred to item C5, explained why the County cannot make the property available to City for the public art benches, noted that correspondence has been received from Mr. Copeland and Mr. Rawson proposing the Emerson Park site, and recommended that Council proceed with alternative 1 in the staff recommendation. Mark Rawson concurred with CAD Hampian's statement. Council Member Ewan explained that he will oppose the relocation of these benches because this public art was designed and built for a particular location and should remain there. Council Member Mulholland concurred and discussed her concerns that the current proposal leaves the project without the required piece of public art valued at 1 %. She discussed her support of alternative 2 and expressed concern regarding setting a precedent. By consensus, Item C5 was deferred until Vice Mayor Settle was seated later in the meeting. ACTION: Moved by Mulholland/Ewan to approve the Consent Agenda as indicated below. C1. MINUTES OF TUESDAY, NOVEMBER 15, 2005. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as amended (Red File Item available in City Clerk's office); motion carried 4:0:1 (Settle absent). C2. TELECOMMUNICATION GROUND LEASE AT LAGUNA LAKE GOLF COURSE. I City Council Meeting Page 3 Tuesday, December 6, 2005 - 5:00 p.m. ACTION: Moved by Mulholland/Ewan to approve a Memorandum of Understanding (MOU) with New Cingular Wireless PCS, LLC (Cingular) for a telecommunication ground lease at Laguna Lake Golf Course and authorize the CAO to approve the lease after all discretionary approvals are achieved; motion carried 4:0:1 (Settle absent). C3. PURCHASE OF NEW BISHOP WATER TANK EASEMENT. ACTION: Moved by Mulholland/Ewan to 1. Approve an easement agreement which provides for a permanent and a temporary construction easement from the County of San Luis Obispo in exchange for $60,500. 2. Authorize the Mayor to execute the agreement, accept the easements, and execute any other documents associated with this transaction; motion carried 4:0:1 (Settle absent). C4. FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D CONSTRUCTION MANAGEMENT FUNDING. ACTION: Moved by Mulholland/Ewan to 1. Authorize the transfer of $17,000 from the Capital Improvement Plan (CIP) Completed Projects account and appropriate $68,000 in Federal Highway Bridge Replacement and Rehabilitation (HBRR) grant revenue to the project budget for additional Construction Management and Environmental Monitoring. 2. Approve the agreement with the Morro Group to complete follow up monitoring and regulatory mandated reporting for up to five years; motion carried 4:0:1 (Settle absent). C5. RELOCATION OF PUBLIC ART BENCHES FROM HIGUERA STREET TO THE PLAZA ® AT 1050 MONTEREY STREET. Item C5 was heard after Business Item 2 and C9. C6. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9750 (2005 Series) approving the 2006 City Standard Specifications and Engineering Standards for Construction Projects and rescind Resolution No. 9628 (2004 Series). The motion included amended language related to trees and drip lines (on file in the City Clerk's office); motion carried 4:0:1 (Settle absent). C7. BIOSOLIDS REUSE CONTRACT. ACTION: Moved by Mulholland/Ewan to approve sole source agreement with Engel and Gray Inc., for biosolids services in a base rate amount of $32.45 per ton and authorize Mayor to execute contract; motion carried 4:0:1 (Settle absent). C8. FINAL ADOPTION OF ORDINANCE NO. 1485 (2005 SERIES), REZONING 11.7 ACRES ACTION: Moved by Mulholland/Ewan to adopt Ordinance No. 1485 (2005 Series); motion carried 3:1:1 (Mulholland opposed, Settle absent). C9. FINAL ADOPTION OF ORDINANCE NO. 1486 (2005 SERIES). REZONING 5.3 ACRE COMA r_C_c Tn o_n_Dn Anln C -t% -on AWn A09312r1VINr: T14F nFVFI APMFNT PLd City Council Meeting Tuesday, December 6, 2005 - 5:00 p.m. Page 4 FOR THE CREEKSTON PROJECT (PD 164 -02); 791 ORCUTT ROAD, 3330 AND 3360 BROAD STREET. Item C9 was heard following Business Item 2. Vice Mayor Settle was seated at this time. BUSINESS ITEMS ARTIFICIAL TURF SPORTS FIELDS. Parks and Recreation Director LeSage and Public Works Director Walter presented the staff report regarding the potential use of artificial tun` at existing City sports fields. They responded to questions throughout their presentation. Ed Thoma. Chairperson of the Joint Use of Recreational Facilities Committee (JUC), said that the Committee unanimously supported the Council conceptually pursuing the use of artificial turf at Stockton Field in Sinsheimer Park as part of the 2007 -09 Capital Improvement Program. Pete Dunan. Chairperson of the Parks and Recreation Commission (P & R), discussed the history of this proposal as it was considered by the Commission and said that it was a unanimous vote of the Commission to recommend Council continue pursuing the use of artificial turf. Public Comments Richard Kriet, San Luis Obispo, circulated and discussed photographs of a field at Milpitas High School and pointed out that the grass fields are no longer being used. —end of public comments— Council Members Ewan and Brown. Vice Mayor Settle and Mayor Romero spoke in support of proceeding as recommended. ACTION: Moved by Mulholland/Ewan to 1. Receive information on artificial turf sports fields and conceptually endorse artificial turf as a potential athletic field strategy. 2. Direct staff to prepare an artificial turf capital improvement project request for Stockton Field in Sinsheimer Park, using non - General Fund resources, for consideration during the 2007 -09 Financial Plan process; motion carried 5:0. At this time, Parks and Recreation Director LeSage was commended by Chairs Thoma and Dunan and Council Members for his many accomplishments during his years of service to the City. 2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS FOR 2006.- Mayor Romero presented the staff report. Public Comments None. —end of public comments- City Council Meeting Tuesday, December 6, 2005 - 5:00 p.m. Page 5 ACTION: Moved by Settle/Ewan to approve Council Liaison Subcommittee assignments for calendar year 2006 as listed in the Attachment; motion carried 5:0. Item C9 was considered at this time. C9. FINAL ADOPTION OF ORDINANCE NO. 1486 (2005 SERIES). REZONING 5.3 ACRES ACTION: Moved by Settle/Ewan to adopt Ordinance No. 1486 (2005 Series); motion carried 3:2 (Romero, Mulholland opposed). Item C5 was considered at this time. C5. RELOCATION OF PUBLIC ART BENCHES. CAO Hampian referred to correspondence from the Superior Court opposing location of benches on County property (on file in the City Clerk's office) and explained that the CAD recommendation is no longer feasible because the property owner cannot support it. ACTION: Moved by Settle/Brown to approve staff alternative number 1, concluding that the Monterey Street location is not appropriate and directing Mr. Rawson to pursue the feasibility of the Emerson Park site, and other better alternative locations, and return to Council with other proposed options within two months. If this search for alternative sites is not productive, then the art benches should be reinstalled in their original location on Higuera Street within two months. Motion carried 3:2 (Ewan, Mulholland opposed). At this time, Jason McCoy expressed appreciation for his appointment to the Planning Commission. Council recessed from 6:20 to 7:00 p.m. and reconvened with all members present. Public Works Director Walter introduced Greg Cruces, a new Facilities Maintenance Worker. Mayor Romero presented the Mary Cowitz family with a proclamation proclaiming them the 2006 Family of the Year. Mayor Romero presented a proclamation for MDA Fire Fighter appreciation week to Eric Baskin, Fire Fighters Association, and Mary Van Hooser, representing the Muscular Dystrophy Association. PUBLIC COMMENTS Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns related to harassment City Council Meeting Page 6 Tuesday, December 6, 2005 - 5:00 p.m. Gary Fowler, San Luis Obispo, spoke about Supervisor Lenthall's committee on the Marketplace and why he thinks the committee is acting in contradiction to the Brown Act. He asked the City Attorney to seek an interpretation from the FPPC and Attorney General's office as to whether the Brown Act is being violated. Donald Hedrick, San Luis Obispo, referred to a fraudulent e-mail he received defaming his character and asked the City to investigate who had sent it to him. City Attorney Lowell explained that based on information provided, the IT staff was unable to determine that the e-mail came from the City's system. Carol Melton, San Luis Obispo, explained that she had to put her mobile home up for sale because she can no longer afford to stay in San Luis Obispo. She discussed an article in the Tribune which had an adverse impact on the sale of her home and asked Council to support rent control and provide housing for seniors. 3. PUBLIC HEARINGS IMPROVEMENTS. Housing Programs Manager Davidson presented the staff report. Mayor Romero opened the public hearing. None. Mayor Romero closed the public hearing. CAO ACTION: Moved by Settle/Brown to approve the reprogramming of $60,000 in CDBG funds from the Hospice Elevator project to the Fire Station #2 Handicapped Access project ($35,000) with the remainder ($25,000) going to the Handicapped Curb Ramps program ($10,000) and Anholm Park improvements ($15,000); motion carried 5:0. C9 Mayor Romero declared that because his residence is in the vicinity of the subject property, he will recuse himself from action on this item. He turned the gavel over to Vice Mayor Settle and left the Council Chamber at this time. City Attorney Lowell discussed a procedural error was made in the processing of the original application for tree removal. He said that because the applicant would like to move forward utilizing the appeal process, Council has the option of either doing so or remanding the proceedings to the Architectural Review Commission (ARC). Council Member Mulholland spoke in support of remanding this matter to the ARC. Public Works Director Walter explained the Municipal Code requirements for processing tree removals related to developments and noted that this matter should have initially been 1 r L 1 City Council Meeting Page 7 Tuesday, December 6, 2005 - 5:00 p.m. taken to the ARC. He said that the applicant does not want to withdraw the application to remove the trees and, therefore, staff is recommending this matter be referred to the ARC. Hamish Marshall, applicant, discussed his concerns related to the 90 to 120 day delay the procedural change could have on the project, particularly related to a joint venture. He asked that Council hear the appeal rather than remand it to the ARC. Discussion followed during which Council Members Mulholland and Ewan discussed their support of the motion and staff responded to questions. ACTION: Moved by Mulholland/Brown to remand these proceedings to the Architectural Review Commission; motion carried 3:1:1 (Brown opposed, Mayor Romero absent/recused). Mayor Romero returned to the Council Chamber at this time. 5. ENVIRONMENTAL REVIEW (GP/R/ER 160 -05). Community Development Director Mandeville presented the staff report and responded to questions raised by Council Member Mulholland. Mayor Romero opened the public hearing. Betty Wineholtz, Morro Bay, supported the mixed use and increased density, but objected to the height of the proposed building and the change in character that will result from height changes in the downtown. Debbie Highfill, Morro Bay, explained why she concurs with Ms. Wineholtz's concerns. Chuck Crotser, San Luis Obispo, spoke in support of the CAO recommendation. Mayor Romero closed the public hearing. Council discussion ensued during which, Council Member Mulholland expressed concern that Council is being asked to deal with questions that arise on a hypothetical project. She explained that she is not opposed to the recommendation, but that it is important to bring the discussion regarding height limits before Council and the community sooner rather than later. ACTION: Moved by Ewan/Brown to adopt Resolution No. 9751 (2005 Series) approving a Mitigated Negative Declaration and amend the General Plan Land Use Element map to change the land use designation for 1221 Nipomo from High - Density Residential to General Retail; 2. Introduce Ordinance No. 1487 (2006 Series) amending Section 4.30.015 of the City of San Luis Obispo's Municipal Code modifying the Downtown Parking In -Lieu Fee Area to include 1221 Nipomo; and 3. Introduce Ordinance No. 1488 (2006 Series) changing the zoning of 1221 Nipomo from High - Density Residential (R-4) to Downtown Commercial with a Mixed -Use Overlay (C- D-MU), and changing the zoning of 1213 Nipomo, 577 and 579 Marsh from Downtown Commercial (C -D) to Downtown Commercial with a Mixed -Use Overlay (C- D-MU); motion carried 5:0. City Council Meeting Tuesday, December 6, 2005 - 5:00 p.m. Page 8 6. URBAN WATER MANAGEMENT PLAN UPDATE. Utilities Director Moss and Water Division Manager Henderson presented the staff report. Mayor Romero opened the public hearing. M1 .1 � Mayor Romero closed the public hearing. ACTION: Moved by Brown /Settle to adopt Resolution No. 9752 (2005 Series) approving the update to the Urban Water Management Plan; motion carried 5:0. FINAL APPROVAL OF A GENERAL PLAN AMENDMENT TO REDESIGNATE 17 ACRES OF LAND FROM SERVICES AND MANUFACTURING TO HIGH DENSITY RESIDENTIAL AND COMMUNITY COMMERCIAL (GPA 114 -02): 791.861 AND 953 ORCUTT ROAD, AND 3330 AND 3360 BROAD STREET. Community Development Director Mandeville presented the staff report. Mayor Romero opened the public hearing. None. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Brown to grant final approval to the General Plan Amendment for the Four Creeks Project; motion carried 4:1 (Mulholland opposed). COUNCIL LIAISON REPORTS Council Member Ewan reported on his attendance at the Air Pollution Control District meeting. He noted that he will attend the Downtown Association meeting next week Council Member.Mulholland reported on the Student Community Liaison Committee meeting on November 17th. She also reported on her attendance at the California Men's Colony Advisory Committee meeting, the City/University Luncheon on November 22nd and the November 28th Tree Committee meeting. Mayor Romero reported on a student demonstration sustainable transportation- oriented development projects. He also reported on a student forum at Cal Poly which he attended on how the Dan DeVaul ranch can be developed. COMMUNICATIONS Council Member Brown read a memorandum to Council regarding the invitation he received to participate on the Dalidio Property Committee and responded to questions raised regarding the Committee. (His memorandum is on file in the City Clerk's office.) Mayor Romero reported on his attendance at a ceremony at the City- County Library at which the Central Coast Planning Association presented books to the Library ti create a planning section. He distributed copies of the list of books. City Council Meeting Tuesday, December 6, 2005 - 5:00 p.m. Page 9 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:00 p.m. to Tuesday, January 3, 2006 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. I Audrey Hoop City Clerk APPROVED BY COUNCIL: 1/3106 [1