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HomeMy WebLinkAbout12/05/2006MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 5, 2006 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA CALL TO ORDER: Mayor Romero called the meeting to order at 7:00 p.m. 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; John Mandeville, Community Development Director; Bill Statler, Finance Director; Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, Parks and Recreation Director; Todd Beights, Parks & Urban Forest Supervisor; Jaime Hill, Associate Planner; Dan Gilmore, Utilities Engineer; Neil Havlik, Natural Resources Manager; Barbara Lynch, ' City Engineer; Ron Combs, Urban Forest Technician; Doug Davidson, Deputy Director Community Development; Freddy Otte, City Biologist PLEDGE OF ALLEGIANCE The Color Guard from Boy Scout Troops 5 and 355 led the Pledge of Allegiance. Mayor Romero presented a proclamation to Ron and Cheryl Church and their children, honoring them as family of the year. Mayor Romero presented Certificates of Appreciation and Sesquicentennial Banners to representatives from Mid State Bank and Trust, Mission Community Bank, Pacific Gas and Electric Company, the Native Sons of the Golden West, and to Joseph Carotenuti and Pierre Rademaker for their contributions to the City's year -long Sesquicentennial celebration. Phyllis Madonna, Madonna Inn, and Steve Owens, SLO County Journal, were unable attend, but will be receiving certificates and banners as well. Finance and Information Technology Director Statler introduced Traci Kawaguchi, Accounting Assistant. ' RECOMMENDATIONS FOR APPOINTMENTS TO THE PLANNING COMMISSION, PROMOTIONAL COORDINATING COMMITTEE AND JACK HOUSE COMMITTEE. City Council Meeting Page 2 Tuesday, December 5, 2006 - 7:00 p.m. Mayor Romero presented the agenda report. Council Members took action on the unanimous recommendations of the Council Liaison subcommittees for vacancies on the Jack House Committee, Promotional Coordinating Committee, and one vacancy on the Planning Commission. Discussion followed during which Vice Mayor Mulholland and Mayor Romero explained their differing recommendations for the appointment to the second Planning Commission vacancy. Jan Marx. San Luis Obispo, applicant for the Planning Commission, discussed her background with the City and her qualifications for the vacant position. Amanda Brodie, San Luis Obispo, applicant for Planning Commission, discussed her planning background and her qualifications for the vacant position. Eugene Jud, San Luis Obispo, spoke in support of appointing Jan Marx. Council Member Settle said that he supported the appointment of Ms. Marx at this time, and that Ms. Brodie's application should be considered with the next vacancy. Council Members Brown and Carter spoke in support of Ms. Brodie's appointment. ACTION: 1) Moved by Settle/Mulholland to make the following appointments to the City's advisory bodies effective December 5, 2006: a) Jack House Committee - Betty Stockton for a term expiring March 31, 2009; b) Promotional Coordinating Committee - Terry Conner for a term expiring on March 31, 2008, and John Conner for a term expiring on March 31, 2010. (Tent' Conner will continue to serve on the Joint Use Committee.) c) Planning Commission - Diana Gould -Wells for a term expiring on March 31, 2010 (Ms. Gould -Wells will continue to serve on the Mass Transportation Committee); motion carried 5:0. 2) Moved by Brown /Carter to appoint Amanda Brodie to the Planning Commission for a term expiring March 31, 2010; motion carried 3:2 (SettlelMulholland opposing). PUBLIC COMMENT Student Community Liaison Committee Members Todd Mackey, Cal Poly ASI and Student Body President. and Amie LaMontagne, Community Relations Team Leader for ASI Executive Staff, presented Council with a Statement of Hopes for the Community. Council directed staff to place the endorsement of the Statement of Hope on the first agenda in January. Bruce Deile, San Luis Obispo, spoke about homelessness and expressed concern regarding panhandling prohibitions. City Attorney Lowell clarified that panhandling is not prohibited and briefly reviewed the City's regulations on aggressive panhandling. Tim Golden. San Luis Obispo, presented Council with information related to the history of SLO Blues Baseball, City policies regarding use of the stadium and the adverse impact those policies have on scheduling events at the stadium. He asked for Council's assistance in resolving some of the issues that are delaying the scheduling of the stadium and asked that the SLO Blues Baseball Team be moved up on the priority list of users. City Council Meeting Page 3 Tuesday, December 5, 2006 - 7:00 p.m. Richard Reynolds, Atascadero, discussed his concerns about the process for scheduling use of the stadium. He explained that in order to prepare for the events, Blues Baseball needs to be notified 35-40 days in advance. He also discussed his concern that the Team's scheduling needs are increasingly becoming a lower priority to the City. CAD Hamaian explained the need for the City to following its existing rules and agreements. He pointed out that competition for use of the facilities has increased and discussed the process that will need to be undertaken to change the current policies. Parks and Recreation Director Kiser added that the Joint Use Committee has asked staff to do a best practices study with other municipalities to obtain additional information that will enable the Committee to pursue this matter further. In the meantime, there is a need to proceed with at least the request for early use for the stadium. She discussed the process for changing the priority use for the facility, including a review by the School Board, which means that action may not be finalized until March. CONSENT AGENDA Mayor Romero noted that Council's motion should incorporate corrections that have been proposed to page 6 of the November 14, 2006, minutes (on file in the City Clerk's office). Council Member Carter stated that he would abstain on item C1, Approval of Minutes, since he was not serving as Council Member during the meetings to which the minutes pertain. ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as amended; 1 motion carried as indicated below. C1. MINUTES OF OCTOBER 3.2006, NOVEMBER 14.2006, AND NOVEMBER 16.2006. ACTION: Moved by Settle/Mulholland to waive oral reading and approve with an amendment to the November 14, 2006, minutes as noted in the red file memo (on file in the City Clerk's office); motion carried 4:1 (Carter abstained). C2. REQUEST FOR PROPOSALS (RFP) FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF THE SHORT RANGE TRANSIT PLAN UPDATE. ACTION: Moved by Settle/Mulholland to: 1. As recommended by the Mass Transportation Committee (MTC), approve a Request For Proposals for professional services to prepare the Short Range Transit Plan for the City of San Luis Obispo. 2. Authorize the City Administrative Officer to execute an agreement with the selected contractor for an amount not to exceed $50,000; motion carried 5:0. C3. 2007 STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9856 (2006 Series) approving the 2007 City Standard Specifications and Engineering Standards and rescind the previous resolution; motion carried 5:0. C4. CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9857 (2006 Series) certifying that the City will provide a funding match of $55,000 (10 %) for a BTA grant application for the design and construction of the segment of the Railroad Safety City Council Meeting Page 4 Tuesday, December 5, 2006 - 7:00 p.m. Trail over State Route 101 and authorize the CAO to execute any agreements; motion carried 5:0. C5. 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 2005 -06 (water, wastewater and transportation); motion carried 5:0. C6. ACTION: Moved by Settle/Mulholland to adopt, by title only, Ordinance No. 1499 (2006 Series) amending the Municipal Code by adding Section 1.08.140 establishing procedures for filing claims for refunds; motion carried 5:0. C7. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9858 (2006 Series) approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Police Staff Officers' Association; motion carried 5:0. C8. TECHNICAL DESIGN SERVICES FOR CHLORINE DIOXIDE PILOT STUDY AT THE CITY'S WATER RECLAMATION FACILITY. ACTION: Moved by Settle/Mulholland to approve an agreement with Brown and Caldwell in the amount of $59,500 for technical design support for chlorine dioxide pilot study and authorize the Mayor to execute the agreement; motion carried 5:0. --------------------- ------------------ ------- - - ---- PUBLIC HEARINGS 1. APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST. Public Works Director Walter and Parks and Urban Forest Supervisor Beights presented the staff report. In response to Vice Mayor Mulholland, City Attorney Lowell clarified that Council may enforce the City's regulations, which take precedence over the private lease agreement. Mayor Romero opened the public hearing. Leland O'Reilly, San Luis Obispo, appellant and property owner, discussed the history of the property, explained that Exxon is required by the lease agreement to restore the property to its original condition, and explained why the trees in question are not of significant value. Roland Maddalena, San Luis Obispo, displayed photographs and spoke in support of removing the trees. (His statement and photographs are on file in the City Clerk's office.) Arlene Zanchuck San Luis Obispo, also spoke in support of removing the trees. In response to Mayor Romero, Mr. Maddalena clarified that the palm tree will be relocated. City Council Meeting Page 5 Tuesday, December 5, 2006 - 7:00 p.m. Ron Combs, Urban Forest Technician, explained that the intention of the Tree Committee was not to stop future development, but to preserve the trees so that the lot would not sit barren until development on the site occurs. He clarified that the trees proposed for removal are not considered significant. Mayor Romero closed the public hearing. In response to Council Member Carter, Tree Committee Chair Lopes confirmed that the Committee's intent was to preserve the trees until development plans have been prepared and reviewed publicly by the Architectural Review Commission and/or Planning Commission. Council Member Brown spoke in support of removing the trees at this time because they do not enhance the site and because this would allow the current tenant to remove the trees under the conditions of his contract Vice Mayor Mulholland spoke in support of preserving the trees since the arborist and Tree Committee could not make the necessary findings to permit their removal. In addition, she concurred with the Tree Committee that the site should not be left barren while a landscaping plan is prepared as part of a development plan. Mayor Romero supported removing the trees based on findings a) (removing all 22 various small trees will promote good arboricultural practice) and c) (removing the trees will not harm the character of the surrounding neighborhood) in the draft resolution upholding the appeal. Vice Mayor Mulholland moved to uphold the CAO recommendation, thereby denying the appeal and upholding the Tree Committee's decision to deny the tree removal request; motion 1 failed due to lack of a second. ACTION: Moved by Brown/Carter to adopt Resolution No. 9859 (2006 Series) granting an appeal from denial by the Tree Committee of a tree removal request for 3 trees at 22 Chorro Street, based on findings a) and c) in the draft resolution (finding b was not included and will be removed from the final resolution) thereby allowing removal of the trees; motion carried 4:1 (Mulholland opposing). 2. ZONING REGULATIONS (CHAPTER 17 OF THE MUNICIPAL CODE) — MINOR AMENDMENTS, CLARIFICATIONS, AND ENVIRONMENTAL REVIEW (R/TA, ER 226- 06). Council Member Carter explained that while he was on the Planning Commission, he abstained from participating in the matters related to home occupation permits due to his wife's business and cell tower matters due to his employment He stated, however, that in discussing this issue with the City Attorney, he received clarification that neither issue would meet the test of an economic interest impact as they relate to the Zoning Regulations. Therefore, he said that he would participate in this item. Community Development Director Mandeville, introduced this item, following which Associate Planner Hill presented the staff report. They and Deputy Director of Community Development Davidson responded to Council's questions. Mayor Romero opened the public hearing. ' Brett Cross, representing Residents for Quality Neighborhoods (RON), reviewed the recommendations contained in a letter from RQN to Council on December 4"' (on file in the City Clerk's office). City Council Meeting Page 6 Tuesday, December 5, 2006 - 7:00 p.m. Mayor Romero closed the public hearing. Council Recessed from 9:20 to 9:40 p.m. and reconvened with all members present Discussion followed regarding concerns and requests for further amendments raised by Vice Mayor Mulholland. Consensus was to incorporate the following changes: 17.08.090 HOME OCCUPATIONS New item #7 - The following sentence submitted by RON will be added to this item: "Licensed vehicles and trailers used in connection with a home occupation are limited to one (1) additional vehicle and/or trailer." (See below regarding Council's action on RON's recommendation for this item.) New item #15 - The first sentence restricting shipments to no more than three per week will be dropped. Chapter 17.100 Definitions Accessory - the words "or 500/6 of the primary structure, whichever is greater" will be deleted. Guest House - The words "or 50% of the primary structure, whichever is greater" will be deleted. Discussion ensued regarding RON's suggestion that a definition for a "Guest Room" be added. Council directed staff to meet with RON on this suggestion and develop a recommendation to be considered with the next review of the Zoning Regulations. Vice Mayor Mulholland referenced RON's suggestion that language be added to §17.08.090C, new item #7. Consensus was to add the following language as recommended by RON to new item #7: "Licensed vehicles and trailers used in connection with a home occupation permit are limited to one (1) additional vehicle and/or trailer." Discussion ensued regarding scheduling a special meeting to discuss Vice Mayor Mulholland's issues and other aspects of the Zoning regulations. ACTION: 1) Moved by Brown/Carter, by title only, Ordinance No. 1500 (2007 Series) to adopt the proposed amendments to the Zoning Regulations and the Negative Declaration of Environmental Impact, including recommendations by Vice Mayor Mulholland and RON as indicated above, thereby revising multiple sections of Chapter 17 of the Municipal Code; motion carried 4:1 (Settle,opposed). 2) By consensus, directed staff to schedule a special lunch -time meeting to be held during the first quarter of 2007, on a week when a regular Council meeting is not scheduled, for an additional review of Zoning Regulations issues as requested by Vice Mayor Mulholland (5:0). 3. MODIFY SECTIONS 13.04.110 AND 16.20.020 OF THE MUNICIPAL CODE TO CLARIFY ALLOWABLE WATER SERVICE CONFIGURATIONS. City Council Meeting Tuesday, December 5, 2006 - 7:00 p.m. Page 7 Utilities Director Moss introduced this item, following which Utilities Engineer Gilmore presented the staff report. Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Settle /Mulholland to introduce, by title only, Ordinance No. 1501 (2007 Series) amending Sections 13.04.110 and 16.20.020 of the Municipal Code to clarify allowable water service configurations for certain developments; motion carried 5:0. BUSINESS ITEMS 4. ADOPTION OF THE CONSERVATION PLAN FOR SOUTH HILLS NATURAL RESERVE. Natural Resources Manager Havlik presented the staff report. He and City Biologist Otte responded to questions. Reference was made to the letter from the Stoneridge Village II Homeowners Association (on file in the City Clerk's office) in which concern was expressed regarding the Northeast Trail. Natural Resources Manager Havlik explained why it is important to continue to monitor the trail and not eliminate it at this time. ' Public Comments Barry Frantz San Luis Obispo, referred to the Stoneridge Village II letter, spoke in opposition to the Northeast Trail, and explained why the homeowners think the hill should remain in its natural state. Their concerns included the loss of privacy and the possibility of accidents or increased liaibility because of the cistern on the hill. Arnold Jonas, San Luis Obispo, also spoke in opposition to the Northeast Trail and suggested that language could be included in the South Hills Conservation Plan that would enable staff to bring this matter back in the future if staff sees a need for a potential trail and that time. He said that the existing trails are cattle trails that will be eliminated when the cattle are moved. Shawn McNabb, San Luis Obispo, concurred with comments made by Mr. Frantz and Mr. Jonas. He urged that the Northeast Trail be removed from the Conservation Plan and revisited later if necessary. ---end of public comments— Council Member Carter and Mayor Romero spoke in support of the staff recommendation. Council Member Settle and Vice Mayor Mulholland opposed the Northeast Trail and concurred with comments by representatives from the Homeowner's Association that the area should be preserved for conservation rather than recreational purposes. ACTION: Moved by Carter /Brown to adopt Resolution No. 9860 (2006 Series) adopting the Conservation Plan for South Hills Natural Reserve, as amended and City Council Meeting Tuesday, December 5, 2006 - 7:00 p.m. Page 8 approving a Mitigated Negative Declaration of environmental impact for the project; motion carried 3:2 (Mulholland/Settle opposed). 5. REVISED STREET TREE STANDARDS. City Engineer Lynch presented the staff report and Urban Forest Technician Combs provided a status of the work that has been occurring in the downtown. Public Comments No comments were forthcoming. —end of public comments— ACTION: Moved by Settle/Brown to approve the revised Street Tree Master List and Street Trees Major Streets Engineering Standards; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Brown reported on his visit, as a member of the Economic Opportunity Commission, to the Good Samaritan Campus in Santa Maria. Vice Mayor Mulholland reported on her attendance at the following meetings: Student Community Liaison Committee on November 16`h, Citizens Advisory Committee meeting at the California Men's Colony on November 17"', Tree Committee meeting on November 274', and Human Resources Commission meeting on November 29"'. She also reported on her attendance at a SLO South 2050 Sustainability Mobility program at the Library on November 29"' with Eugene Jud's Cal Poly class, which was looking at transit oriented, highly sustainable model cities. COMMUNICATIONS Council Member Settle inquired about the status of a communication from attorney Stew Jenkins related to the intersection at Pismo and Morro Streets. ACAO Stanwvck reported that Public Works staff is preparing a response to Mr. Jenkins. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:35 p.m. to Tuesday, December 12, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Hoo City Clerk APPROVED BY COUNCIL: 01/09/07