HomeMy WebLinkAbout01/17/2006MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 17, 2006 - 5:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, and Mayor Dave
Romero were seated at Roll Call. Council Member Paul Brown was
seated at 5:05 p.m. and Vice Mayor Allen K. Settle was seated at 5:08
p.m.
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; John Callahan, Fire Chief; John Moss, Utilities Director;
Robert Horch, Parking Services Manager; Todd Beights, Parks and
Urban Forest Supervisor; Ron Combs, City Arborist; Gary
Henderson, Water Division Manager; Tim Bochum, Deputy Director
of Public Works; Claire Clark, Seismic Coordinator/Interim Economic
Development Manager; Tom Baasch, Chief Building Inspector; Phil
Dunsmore, Associate Planner.
Al. APPOINTMENTS TO THE 2006 COUNCIL COMPENSATION COMMITTEE.
City Clerk Hooper presented the staff report.
ACTION: Moved by Ewan/Mulholland to make appointments to the Council
Compensation Committee, effective immediately and sun - setting upon presentation
of its recommendations to the City Council, and direct them to: a) review the full
Council compensation package and make recommendations to the City Council no
later than May 1, 2006, and b) review compensation for Planning Commission and
Architectural Review Commission members in conjunction with its review of
Council compensation; motion carried 4:0:1 (Settle absent).
CONSENT AGENDA
Eric Greening, Atascadero, asked questions regarding item C3 (contract for seismic analysis
of Salinas Dam). His concerns were related to whether this item had a connection to the
expansion of the dam's capacity, costs related to the transfer of ownership, and
responsibilities of the local governments as a result of the transfer.
Gary Fowler, San Luis Obispo, spoke in opposition to item C6 (donation of a fire engine to La
Paz, Mexico).
City Council Meeting
Tuesday, January 17, 2006 - 5:00 p.m.
Page 2
Gary Henderson, Water Division Manager, responded to Mr. Greening's questions. He
clarified that the action before Council deals with the existing dam and not the expansion
project. Costs are not known at this time.
Fire Chief Callahan and Fire Captain James responded to Mr. Fowler's questions and clarified
that the employees driving the vehicle to the border are volunteering their time for this
purpose.
ACTION: Moved by Mulholland/Settle to approve the Consent Agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. MINUTES OF TUESDAY, JANUARY 3, 2006.
ACTION: Moved by Mulholland/Settle to waive oral reading and approve as amended
(memorandum on file in the City Clerk's office); motion carried 5:0.
C2. ADOPTION OF ORDINANCE NO. 1489 (2006 SERIES) CLARIFYING THE APPEAL
PERIOD FOR THE TREE REGULATIONS IN THE MUNICIPAL CODE.
ACTION: Moved by Mulholland/Settle to adopt Ordinance No. 1489 (2006 Series);
motion carried 5:0.
C3. APPROVE CONTRACT WITH URS CORPORATION FOR SEISMIC ANALYSIS OF
SALINAS DAM.
ACTION: Moved by Mulholland/Settle to 1. Approve the contract with URS
Corporation (URS) for seismic analysis of the Salinas Dam in the amount of $225,989
and authorize the Mayor to execute the contract. 2. Approve transferring $230,000
from existing project balances that are either completed or not proceeding as
originally anticipated in order to fund this work, including $4,011 for contingencies;
motion carried 5:0.
C4. AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT.
ACTION: Moved by Mulholland/Settle to 1) approve an agreement with AEG Cycling
that is in substantially the same form as the version provided with the agenda report
for the City of San Luis Obispo's participation in the Amgen Tour of California cycling
event since the outstanding terms of the agreement have been addressed to the City's
satisfaction, and 2) authorize the Mayor to execute the final agreement; motion carried
5:0.
C5. TRENCH REPAIR 2006, SPECIFICATION NO. 90618.
ACTION: Moved by Mulholland/Settle to: 1. Approve plans and specifications for
"Trench Repair 2006, Specification No. 90618." 2. Authorize staff to advertise for bids
and authorize the CAO to award the contract if the lowest responsible bid is within the
Engineer's Estimate of $105,000; motion carried 5:0.
C6. DONATION OF A SURPLUS 1983 MACK FIRE ENGINE.
ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9758 (2006 Series)
authorizing the Fire Chief to proceed with the donation of the 1983 Mack fire engine to
the City of La Paz, Mexico; motion carried 5:0.
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Page 3
C7, NEW BISHOP WATER TANK SPECIFICATION NO, 90232B.
® ACTION: Moved by Mulholland/Settle to: 1. Approve the plans and specifications for
the "New Bishop Water Tank," Specification No. 902326. 2. Authorize staff to
advertise for bids and authorize the CAO to award the contract if the lowest
responsible bid is within the Engineer's Estimate of $1.5 million; motion carried 5:0.
C8.
ACTION: Moved by Mulholland/Settle to approve a reimbursement agreement with
Source Commercial Group in an amount not to exceed $204,625.56 for "oversizing" of
public improvements at the intersection of Orcutt Road at Broad Street; motion
carried 5:0.
PUBLIC HEARING
919 PALM PARKING STRUCTURE RATES.
Deputy Public Works Director Bochum presented the staff report. He and CAO Hampian
responded to Council's questions.
Mayor Romero opened the public hearing. No comments were forthcoming and Mayor
Romero closed the public hearing.
Council Member Mulholland raised concerns regarding Section 4 of the resolution (special
event parking rate); i.e., how it would be implemented and which events would benefit.
Council Member Mulholland moved to delete Section 4 from the resolution. Council
Member Ewan seconded the motion for discussion.
Following discussion, the motion failed 1:4 (Brown, Ewan, Settle, Romero opposed).
ACTION: Moved by Ewan/Romero to adopt Resolution No. 9759 (2006 Series) with
the deletion of Section 4; motion passed 4:1 (Brown opposed). Council also
directed staff to determine whether a special event parking rate is feasible for the
Tour of California and, if so, to report back to Council with a recommendation at the
February 7th Council meeting.
BUSINESS ITEMS
2. STATUS REPORT: UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM.
Assistant City Administrative Officer Stanwvck introduced this item, following which
Seismic Coordinator/interim Economic Development Manager Clark presented the staff
report.
Public Comments
None were forthcoming.
—end of public comments-
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Page 4
ACTION: Received the status report of the Unreinforced Masonry Hazard Mitigation
Program.
3. WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS.
Utilities Director Moss introduced this item, following which Water Division Manager
Henderson presented the staff report and responded to Council's questions.
Public Comments
None were forthcoming.
---end of public comments—
Council Member Mulholland expressed concern regarding the suggestion of a possible
water rate increase in the staff report. However, she, Mayor Romero and Council Member
Ewan concurred that the project is critical.
ACTION: Moved by Mulholland/Brown to authorize staff to proceed with finalization
of the plans and specifications for the Water Treatment Plant Master Plan
Improvements and increase the project total budget from $8,943,600 to $13,406,800;
motion carried 5:0.
CLOSED SESSION
City Attorney Lowell announced that following a dinner break, Council would convene for a
Closed Session at 6:45 p.m. He stated that the Closed Session conference would involve
anticipated litigation as indicated below. He explained that the session would first be a
meeting to determine whether the conference is appropriate and, if deemed so, the
conference would be held. However, because to reveal the name of the potential claimant
might jeopardize the position of the City, the potential claimant was not revealed at this
time.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
PURSUANT TO GOVERNMENT CODE§ 54956.9 (b)(1) and (b)(2)
ONE (1) POTENTIAL CASE
City Affomey Lowell reported that the Closed Session conference was held as announced.
Council first met to determine if it was appropriate to discuss this matter in a Closed
Session. Council unanimously determined that it was and the anticipated litigation was
discussed. At this time, the potential claimant(s) will not be revealed.
PUBLIC COMMENT
Anne Brown, property owner in San Luis Obispo, expressed concern related to the City's Fire
and Life Safety Inspection Program. She said she has six units and the fees are higher for her
units than for a larger complex.
Following a brief discussion, CAD Hampian said that staff will provide Ms. Brown with
additional information and will return to Council with a status report of the program in the fall
of 2006.
John Altman. San Luis Obispo, discussed his concerns with the traffic light at the intersection
of Santa Barbara and Upham. He suggested a red light camera should be installed. Other -
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Page 5
concerns he had were the lack of activity on the Bill Roalman bicycle boulevard and safety
issues at the intersections of Laurel and Orcutt, as well as Bullock and Sacramento.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal
harassment.
Terry Mohan, San Luis Obispo, discussed his concerns regarding the Planning Commission's
approval of an apartment complex on Sacramento Street, including his opposition to the
reduction of parking spaces and to the project's location in an industrial area.
Don Hedrick San Luis Obispo, concurred with comments regarding development on
Sacramento Street, discussed his concerns about flooding of the creeks that flow through the
Damon Garcia Sports Fields, and questioned actions by the Planning Commission and
Architectural Review Committee since there are vacancies on these advisory bodies.
PUBLIC HEARINGS
4. APPEAL OF THE TREE COMMITTEE'S DECISION TO DENY A TREE REMOVAL
REQUEST AT 313 PATRICIA DRIVE.
Public Works Director Walter presented the staff report.
Mayor Romero opened the public hearing.
Kelly Wood, property owner, displayed a photograph showing the proximity of the tree to the
house and explained why she is requesting the removal of the tree.
Mayor Romero closed the public hearing.
City Arborist Combs responded to questions.
Tree Committee Chair Lopes explained that. because the Tree Committee must work with
findings contained in the Tree Regulations, it was unable to approve the removal of the
tree.
Discussion followed during which Council supported the removal of this particular tree
because of the damage the root system will do as the tree continues to grow.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9760 (2006 Series) upholding an
appeal of a tree removal request at 313 Patricia Drive and directing that it be replaced with a
24 inch box tree and that it be a tree from category #2 of the City's Master Street Tree List;
motion carried 5:0.
5. CONSIDERATION OF A TENTATIVE TRACT MAP TO FINALIZE A CONDOMINIUM
CONVERSION FOR TWENTY MULTI - FAMILY RENTAL APARTMENT PROPERTIES
AT 2975 ROCKVIEW (TR 167 -05).
Associate Planner Dunsmore presented the staff report.
Mayor Romero opened the public hearing.
Pamela Jardini, Planning Solutions and representative for the applicant, explained why the
developer has withdrawn his original request to install a remote read water meter system.
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Tuesday, January 17, 2006 - 5:00 p.m.
She encouraged the City to consider remote read systems when future changes are made to
the subdivision ordinance.
Mayor Romero closed the public hearing.
Utilities Director Moss referenced the utility billing enhancement study which is in process
and which will investigate remote read systems.
ACTION: Moved by SettlelEwan to adopt Resolution No. 9761 (2006 Series)
approving the tentative tract map to allow individual sale of twenty condominium
units at 2975 Rockview Place, based on findings and subject to conditions and code
requirements; motion carried 5:0.
Council Member Ewan declared that he will recuse himself on the following item because
he has done business with the developer. He left the meeting at this time.
6.
CAO Hampian made some opening remarks, following which Community Development
Director Mandeville and Associate Planner Dunsmore presented the staff report. They, Dan
Gilmore , Utilities Engineer, and John Moss, Utilities Director responded to Council's .
questions.
Mayor Romero opened the public hearing.
Jeff Edwards, representing the owner, Jay Poindexter, displayed and discussed a conceptual
rendering of the project at full build out, aerial photographs and a close -up inset of the
proposed project He explained why they do not think neighborhood connectivity is feasible
and why the existing tree line provides a substantial visual buffer. He responded to Council's
questions.
A brief discussion followed regarding traffic conditions and concerns and the proposed
private sewer behind lots 1 through 4.
Larry Parker, San Luis Obispo, owner of lot 4, discussed his opposition to the proposal as
outlined in his a -mails to Council (on file in the City Clerk's office).
Richard Zweifel, San Luis Obispo, owner of lot 5, also spoke in opposition to the proposal as
outlined in letters to the Council from he and his wife (on file in the City Clerk's office).
Horace Morana, owner of lot 6, read a letter to Council (on file in the City Clerk's office)
containing his concerns about the proposed project.
Pamela Zweifel' San Luis Obispo, read a statement (on file in the City Clerk's office)
addressing tier concerns and asking that these concerns be addressed before Council
approves the annexation and development of the property.
Michael Framberoer, San Luis Obispo, stated for the record that his wife has spoken to all
members of the Council about the left -hand turn onto Foothill Boulevard from Los Cerros. He
questioned the need to annex this area.
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Mayor Romero closed the public hearing.
Vice Mayor Settle said he would not support the project because of concerns specifically
related to access in and out of the project, neighborhood connectivity issues, and issues
related to the trail easement
Council Member Brown said he didn't oppose CAO recommendations 1, 2 and 4. However,
he had issues related to recommendation 3. He said he concurred with Vice Mayor Settle
regarding safety issues.
Council Member Mulholland stressed the importance of connectivity, pointed out the
project will not add to affordability, opposed the design, and said there should be the
maximum buffer at the urban reserve line. She also pointed out that the parking is
inadequate. She made several suggestions for a project redesign.
Mayor Romero discussed his concerns regarding subdivisions with non - standard streets.
He explained why he didn't think a great deal would be gained with connectivity in this
project He didn't oppose the 35 -foot buffer. However, he had concerns with the sewer
force main.
ACTION: Moved by Mulholland /Settle to adopt a resolution denying a Mitigated
Negative Declaration, General Plan Amendment, Prezoning and Annexation for
property located at 36 West Foothill and 4 Foothill Boulevard (TR/ER/TP/R/ANNX
124 -03) (Tract 2568), with the addition of language to address the following findings:
the inadequacy of installing a sewer on another person's property and the
inadequate buffer along the urban reserve line; motion failed 2:2:1 (Romero and
Brown opposed, Ewan absent/recused).�- M -M - -�
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the Water Resources Advisory
Committee meeting on January 4th and the Downtown Association Board of Directors meeting
on January 10th.
Mayor Romero reported on the January 11th Zone 9 Committee meeting, activities of the
Performing Arts Center, and activities of the Community 2050 steering committee.
COMMUNICATIONS
Council Member Brown referred to the recent article in The Tribune recognizing the Grizzly
Academy for its nationally acclaimed award. He asked whether Council would consider
presenting a proclamation acknowledging the success of this program. Council concurred
and he will make arrangements for the proclamation to be presented at the February 7th
Council meeting.
Council Member Brown asked that the San Luis Obispo student participating in the Tour of
California be given recognition. It was agreed that Mayor Romero will send him a letter
congratulating him on his involvement.
Mayor Romero announced that the City will be accepting applications for vacancies on
advisory bodies through January 31 st.
City Council Meeting
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Page 8
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 9:55 p.m. to the next regular meeting on Tuesday, February 7, 2006, at 7:00 p.m.
in the Council Chamber, 990 Palm Street, San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 02107/06
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