HomeMy WebLinkAbout03/07/20061
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 7, 2006 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan and Christine Mulholland, Vice Mayor
Allen Settle and Mayor Dave Romero were seated at Roll Call.
Council Member Brown was seated at 7:05 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; Bill Statler, Finance Director; Deborah Linden, Police Chief;
John Callahan, Fire Chief; John Moss, Utilities Director; Jay Walter,
Public Works Director; Linda Fitzgerald, Interim Parks and
Recreation Director; Doug Davidson, Housing Programs Manager;
Mike Draze, Deputy Community Development Director; Mary Beatie,
Senior Contract Planner, TPG Consulting; Tim Bochum, Deputy
Public Works Director.
PRESENTATIONS
Mayor Romero presented a proclamation to Bryan Duvall, Treasurer of the American Red
Cross, recognizing March as American Red Cross Month.
Lindsey Miller, Chamber of Commerce, and Interim Parks & Recreation Director Fitzgerald
presented a plaque from the Local Organizing Committee in appreciation to the City for its
role in the AMGEN Tour of California.
Council Member Brown was seated at this time.
PUBLIC COMMENT
Willow Walking Turtle, San Luis Obispo County, discussed her opposition to the amendments
to the aggressive solicitation provisions of the Municipal Code (item 63).
Dane Senser, San Luis Obispo, complimented the City for its involvement in organizing the
Tour of California.
Derrick Lavoie, Executive Director of the Discovery Institute for the Advancement of Science
and Technology Education, and Biology professor at Cuesta College, introduced colleague
Cathie Babb. He distributed information (on file In the City Clerk's office) about, and asked
Council to consider a proposal to develop, a Discovery Center at Laguna Lake Park.
i Council suggested that the Children's Museum or a school site that is no longer being used
may be a more appropriate location for a Discovery Center. While there was not a majority
City Council Meeting
Tuesday, March 7, 2006 - 7:00 p.m.
Page 2
consensus to pursue this recommendation, staff will consider whether there is another
location in the City that might be feasible and communicate that information to Mr. Lavoie.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding
harassment.
Gary Fowler, San Luis Obispo, suggested that Council should reconsider installing parking
meters on Slack Street as Council's action sends a bad message to the student community.
CONSENT AGENDA
In response to a question raised by Council Member Mulholland, URS Consultant Anna Davis
explained why the list of retaining structures is included in the Local Hazard Mitigation Plan
(item C3).
Police Chief Linden responded to questions raised by Council Member Mulholland regarding
item C5, 9-1 -1 Equipment and Services.
Gary Fowler, San Luis Obispo, referred to item C5 and explained why he did not think the
City should assume responsibility for 9-1 -1 cell phone calls.
Police Chief Linden explained how 9-1 -1 calls are currently received and why the new
equipment will not result in an increase in calls.
Finance Director Statler added that State law requires that cellular service providers enable
local agencies to receive cellular 9-1 -1 calls made in their jurisdictions.
C1
C2.
C3.
C4.
ACTION: Moved by Ewan/Settle to approve the Consent Agenda as recommended by
the City Administrative Officer; motion carried 5:0.
MINUTES OF TUESDAY, FEBRUARY 21, 2006.
ACTION: Moved by Ewan/Settle to waive oral reading and approve as amended (see
memo on file in the City Clerk's office); motion carried 5:0.
ACTION: Moved by Ewan/Settle to adopt Ordinance No. 1490 (2006 Series); motion
carried 5:0.
ADOPTION OF CITY OF SAN LUIS OBISPO LOCAL HAZARD MITIGATION PLAN.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9773 (2006 Series) approving
the City of San Luis Obispo Local Hazard Mitigation Plan; motion carried 5:0.
WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS.
ACTION: Moved by Ewan/Settle to: 1) Approve the plans and specifications for the
Water Treatment Plant Improvement Project Specification No. 90225C and authorize
staff to advertise for bids. 2) Authorize the CAO to award the construction contract if
it is within the engineer's estimate. 3) Adopt Resolution No. 9774 (2006 Series) to
issue bonds and allow their use to reimburse any related project expenditures
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City Council Meeting Page 3
Tuesday, March 7, 2006 - 7:00 p.m.
incurred prior to their issuance. 4) Approve amended agreements with Jones Hall for
bond counsel services and Fieldman, Rolapp & Associates for financial advisor
services as necessary for the bond issuance; motion carried 5:0.
C5. REQUEST FOR PROPOSALS: 9-1 -1 EQUIPMENT AND SERVICES.
ACTION: Moved by Ewan/Settle to: 1) Approve issuing a request for proposals for a
9-1 -1 system (equipment and services) with a five year maintenance contract. 2)
Authorize the CAO to award the contract to the best overall proposal that is within the
State allotment of $181,487 for this project; motion carried 5:0.
C6. LOS OSOS VALLEY ROAD MEDIAN PROJECT — PHASE 2. SPECIFICATION NO. 90527.
1.
ACTION: Moved by Ewan/Settle to 1) Award a contract to and authorize the mayor to
execute a contract with, John Madonna Construction, Inc. of San Luis Obispo in the
amount of $158,062.45 for the "Los Osos Valley Road Median Project — Phase 2,
Specification No. 90527." 2) Approve the transfer of $13,373.17 from the budget of the
completed LOVR Medians Phase 1 project to the project budget. 3) Approve the
transfer of $11,626.83 from the completed projects account to the project budget;
motion carried 5:0.
PUBLIC HEARINGS
REPLACE THE MAXINE LEWIS HOMELESS SHELTER.
Housing Programs Manager Davidson presented the staff report and responded to
Council's questions.
Mayor Romero opened the public hearing.
Catherine Manning, EOC Homeless Services, discussed the services provided by the
Homeless Shelter and Prado Day Shelter on Orcutt Road.
Mayor Romero closed the public hearing.
Council Members expressed appreciation to the Human Relations Commission for its
efforts on behalf of the CDBG Program. She expressed interest in working with the
Economic Opportunity Commission, County and other stakeholders on the needs of the
homeless.
ACTION: Moved by Mulholland/Settle to: 1) Adopt Resolution No. 9775 (2006.
Series ) approving the 2006 CDBG Program activities and funding as recommended
by the Human Relations Commission (HRC), with adjustments based on the new
funding estimate. 2) Endorse the Urban County's Draft one -year Action Plan,
including Home Investment Partnership Program (HOME), Special Urban Projects,
and Emergency Shelter Grant funding. 3) Forward the Council's actions and
funding recommendations to the Board of Supervisors. 4) As requested by the
HRC, and consistent with Council's recent action during the Mid -Year Budget
review, work with the Economic Opportunity Commission (EOC), the County and
other stakeholders to review homeless needs and possible longer -term funding
mechanisms, including a Section 108 Loan; motion carried 5:0.
City Council Meeting Page 4
Tuesday, March 7, 2006 - 7:00 p.m.
2. CONSIDERATION OF THREE VESTING TENTATIVE TRACT MAPS FOR THE PORTION
OF THE MARGARITA AREA SPECIFIC PLAN (MASP) KNOWN AS THE "WESTERN
Cunt A\ /CII I nnAT M ncVA \In TUIT CA I V run ^IT ■I AMP'. A MM AI /CAII 11• Aun
ON THE NORTH SIDE OF THE EASTERLY EXTENSION OF PRADO ROAD, BETWEEN
SOUTH HIGUERA AND BROAD STREETS ER/TR 63-05 (COWAN, 392 PRADO), ER/TR
65-05 (KING. 3000 CALLE MALVA), AND ER/TR 66-05 (DEBLAUW. 408 PRADO).
The following staff members participated in presenting the agenda report or responded to
questions throughout the presentation: Community Development Director Mandeville.
Deputy Communitv Development Director Draze. Senior Contract Planner Mary Beatie (TBG
Consulting). Deputy Public Works Director Bochum. and Natural Resources Manager
Havlik.
Mayor Romero opened the public hearing and called for comments on the entire
development.
Patricia Wilmore. Chamber of Commerce, spoke in support of the proposals and noted that
they will provide an opportunity to make workforce housing a reality in San Luis Obispo.
Dave Watson. King Ventures, discussed the proposal for relieving water impacts on
existing development. He also discussed the way in which the proposal will provide for
affordable housing.
Andrew Unetic, Chumash Village resident, expressed concern about how particulate matter
from the construction may impact the health of residents in Chumash Village.
Bonnie Wollam, Chumash Village, suggested that widening of South Higuera Street may
help alleviate some of the traffic concerns. (Ms. Wollam's letter is on file in the City Clerk's
office.)
Council recessed from 9:05 to 9:17 p.m. and reconvened with all members present.
At this time, Senior Contract Planner Beatie discussed the special features and main issues
of each of the vesting tentative tract maps (VTM).
City Attorney Lowell referred to the modified vesting tentative map (VTM #2438), said
sufficient notice was given to allow the Planning Commission and Council to act on the
plan as originally submitted or subsequently modified, and reviewed the actions Council
could take on this item.
Deputy Community Development Director Draze reviewed the following modifications to the
resolutions.
VTM #2342/Cowan, Resolution "A": The words "one half of" and "rather than a separate
enclave of three units" were deleted (Condition #44).
VTM #2428/King, Resolution "B ": Section 1.2. has been modified to include the C /OS-40
zone.
Deputy Community Development Director Draze explained that staff will also ask Council to 1
adopt a resolution accepting the offer of dedication for open space from Mr. King.
The vesting tentative maps were considered as indicated below.
City Council Meeting Page 5
Tuesday, March 7, 2006 - 7:00 p.m.
VTM #2342 (Cowan, County File #63 -05) (392 Prado Road)
Mayor Romero called for comments on the Cowan/French project.
John French, applicant, discussed the challenges associated in dealing with both the storm
water drainage basin and Prado Road. He and staff responded to Council's questions.
Mayor Romero called for public comments on VTM #2342.
Roberta Dengate, San Luis Obispo, discussed concerns related to construction, fencing, two -
story homes blocking open space and views, water run -off, and the impact of development on
wildlife.
No other public comments were forthcoming.
During Council discussion, Community Development Director Mandeville explained the
architectural review process for building plans within these projects that will have to be
undertaken.
Mayor Romero referred to Condition #5 under Streets and expressed concern that the bulb -
outs will make it difficult for a standard truck to negotiate a right turn without encroaching
into oncoming traffic.
There was no consensus to modify this condition.
Council Member Mulholland expressed concern that while these subdivisions incorporate
some of the desired pedestrian - friendly aspects, these developments will not provide
workforce housing and will be standard tract homes.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9776 (2006 Series) for VTM
#2342 (Cowan, County File 63 -05), which adopts the Mitigated Negative Declaration,
and approves the 67 -lot VTM, based on findings, and subject to mitigation
measures, conditions, and code requirements. The action included a revision to
Condition #44 (deleting the words "one half of' and the words "rather than a
separate enclave of three units "; motion carried 5:0.
VTM #2353 (DeBLAUW /County File 66-05) (408 Prado Road)
Mayor Romero called for public comments on VTM #2353.
Richard and Wayne DeBlauw, applicants, expressed their hope that Council would approve
the proposal.
No other comments were forthcoming.
Mayor Romero reiterated his concerns that the bulb outs will cause buses to have difficulty
negotiating right turns.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9777 (2006 Series) for VTM
#2353 (DeBlauw, County File 66 -05), which adopts the Mitigated Negative
Declaration, and approves the 133 -lot VTM, based on findings, and subject to
mitigation measures, conditions, and code requirements; motion carried 5:0.
City Council Meeting Page 6
Tuesday, March 7, 2006 - 7:00 p.m.
VTM #2428 (King. County File 65 -05) (3000 Cal le Malva)
Deputy Community Development Director Draze reviewed Council's options
Mayor Romero called for public comments on VTM 54-05.
Dave Watson, representing the owners/applicants, discussed the history of this project and
aspects of the plan related to the affordable units. He explained that the setback issues for
the lots adjacent to Chumash Village and other concerns regarding flooding and building
heights have been adequately addressed by the Planning Commission's recommendations.
Tv Green, representing Midland Pacific, discussed the reasons why he believes the Council
should not ratify the Planning Commission's action. Mr. Green's concerns are expanded on
in a letter dated March 7th (on file in the City Clerk's office).
E. K. Righetti, San Luis Obispo, referred to her letter of March 7th (on file in the City Clerk's
office) and asked Council to continue this matter until it has undergone a full review. She
asked that the questions and concerns she raised in her letter be included in any
consideration of this subdivision.
Bonnie Wollam. Chumash Village resident, reiterated the concerns she expressed
previously and contained in her letter to Council.
Hearing no further public comments, Mayor Romero closed the public hearing.
Mayor Romero expressed concerns that: 1) Lots 19 -21 do not have street frontage. 2) There
should be a connection on the southeast corner to the loop street going around the
subdivision. 3) There is not a need for a public street serving the Housing Authority
project. 4) There needs to be a requirement for the developers to ensure that the two
creeks serving the property have at least a 25 -year capacity.
Council Member Mulholland concurred with Mayor Romero's comments, but explained why
she believes the modified map should be referred back to the Planning Commission with
these concerns and with a recommendation that higher density planned developments
should be included. She also asked that the Planning Commission be directed to consider
revising Condition #56 (revising the 10 -foot rear yard setback to 20 feet) and a traffic signal
or other assistance at the entry/exit to Chumash Village.
Council Member Ewan agreed, but expressed concern regarding the length of time it may
take to go through the Planning Commission process.
Council Member Brown opposed returning the modified map to the Planning Commission.
Vice Mayor Settle concurred with Mayor Romero's comments, but did not have a concern
with Planning Commission Condition #56 and initially opposed returning the map to the
Planning Commission. However, because the other projects would not be delayed and the
Planning Commission will be asked to process the revised Plan as soon as possible, he
indicated he could support the motion.
ACTION: Moved by Ewan/Mulholland to refer the revised plan For VTM #2428 (King,
County File 65-05) back to the Planning Commission with the concerns raised by
Mayor Romero and Council Member Mulholland, and requesting the Planning
Commission to process the revised plan as soon as possible; motion carried 4:1
(Brown opposed).
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Tuesday, March 7, 2006 - 7:00 p.m.
1 Natural Resources Manager Havlik reviewed the resolution accepting the offer of a
conservation easement on the King property.
Mayor Romero called for public comments on the resolution. None were forthcoming.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9778 (2006 Series)
authorizing acceptance of a conservation easement and ultimately fee title to real
property; motion carried 5:0.
Council recessed from 11:00 to 11:05 p.m. and reconvened with all members present.
BUSINESS ITEMS
3. AMENDMENT OF AGGRESSIVE SOLICITATION PROVISIONS OF MUNICIPAL CODE
AND ADDITION OF REGULATIONS GOVERNING PUBLIC BENCHES.
Police Chief Linden and City Attorney Lowell presented the staff report and responded to
Council's questions.
City Attorney Lowell explained that staff modified the draft ordinance under Section
9.06.025A.2 to read as follows: "Within six (6) feet of the entrance to a commercial
establishment or driveway thereto, or a driveway serving a shopping center."
IPublic Comments
Dane Senser. San Luis Obispo, opposed the proposal because he thought the problem was
behavior rather than time spent on the benches. He suggested that the benches should be
removed in areas where there are problems and should be replaced with potted plants.
Gerald Craig, San Luis Obispo, supported the amendment. He suggested City benches
should be removed and that solicitation should be prohibited near ATM machines. He also
suggested there should be a patrol consisting of citizen volunteers.
Patricia Wilmore, Chamber of Commerce, referred to the Chamber's letter dated March 3rd
(on file in the City Clerk's office) and said the strongest measures possible should be taken.
Doug Shaw, San Luis Obispo, discussed his concerns and said he would prefer a short
time limit.
Deborah Cash. Downtown Association, concurred with previous concerns, said that
moving the benches is not an option, and asked Council to adopt the most restrictive
measures possible.
–end of public comments—
During the discussion that followed, staff responded to questions and clarified the purpose
of the three -hour restriction within a 24 -hour period.
Council Member Brown provided a number of examples of the problems he has observed
and said that the time limit should be reduced to one hour.
City Council Meeting
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Page 8
Council Members Mulholland and Ewan concurred.
Vice Mayor Settle discussed his objection to the proposal and suggested that signs should
be posted in the downtown similar to those posted at the Laguna Village shopping Center.
Mayor Romero explained why he did not think homelessness is the issue and supported the
most restrictive requirements possible.
ACTION: Moved by Brown/Ewan to introduce Ordinance No. 1491 (2006 Series) to:
1) Amend the existing aggressive solicitation provisions of Chapter 9.06 of the
Municipal Code to restrict solicitation within specified distances of retail,
commercial and financial establishments and vehicular and pedestrian pathways.
2) Add Chapter 9.40, establishing a one -hour time limit upon the continuous
occupation of public benches and a three hour limit on occupation in any one day
by one individual or group of individuals. The motion also included a revision to
Section 9.06.025A.2 such that it will read: "Within six (6) feet of the entrance to a
commercial establishment or driveway thereto, or a driveway serving a shopping
center "; motion carried 4:1 (Settle opposed).
COUNCIL LIAISON REPORTS
Mayor Romero announced that the Fireman's Fund Insurance Company donated $11,844
through Morris & Garritano to the City of San Luis Obispo for the purchase of turn-out
coats for paramedics.
Council Member Mulholland reported on her attendance at the March 1st County Water
Resources Advisory Committee meeting.
Council Member Mulholland discussed a citizen's concern regarding the SLOCOG proposal
for northbound - southbound Highway 101 Broad Street ramp lane enhancements. The
concern is that this ramp will increase congestion in the neighborhood. She said the
suggestion was made to reject the SLOCOG funding for planning the proposed Broad -
Marsh addition and allocate the funds toward planning for a Santa Rosa interchange.
Council Member Brown referred to the fund raising effort for the Maxine Lewis Shelter and
expressed appreciation to The Tribune for promoting this cause and for the donations
made by the community.
Vice Mayor Settle announced that he has been appointed to the Local Agency Formation
Commission (LAFCO) as a regular, as opposed to alternate, member.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 12:25 a.m. to Tuesday, March 14, 2006, in the Council Chamber, 990 Palm
Street, San Luis Obispo.
Audrey H per
City Clerk/
APPROVED BY COUNCIL: 03/21/06