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.
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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.
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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
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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.
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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).
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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.
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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