HomeMy WebLinkAbout04/03/2007, C1 - MINUTES • n
MEETIN AGENDA.
DATE -3-a� ITEM # C�
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 20,2007-5:00 P.M.
COUNCIL CHAMBER,"0 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
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, Lowell,City Attorney;
Audrey Hooper,City Clerk; Shelly Stamryck,Assistant City
Administrative Officer,John Mandeville,Community Development
Director;John Moss,Utilities Director,Jay Walter,Public Works
Director; David Hix,Wastewater Division Manager; Barbara Lynch,
City Engineer, Doug Davidson, Deputy Director Community
Development-Development Review;Tyler Corey,Associate Planner;
Neil Havlik, Natural Resources Manager, Freddy Otte,City Biologist
STUDY SESSION
1. MUNICIPAL STORM WATER PROGRAM.
Wastewater Division Manager Hix presented the agenda report. He,Utilities.Director Moss.
City Engineer Lynch and Cfi►Attorney Lowell responded to questions throughout the
presentation.
During the ensuing discussion,CAO Hampian explained that final details concerning
program costs and staffing will be provided with the budget. He pointed out that while the
implementation of the Storm Water Program is necessary to gain mandatory regulatory
compliance, it is also important to the City because it will improve flood,creek and
environmental protection.
Council Members commended staff in the development of and acknowledged the need for
the Municipal Storm Water Program.
Council Member Settle and Mayor Romero expressed concern regarding the magnitude of
the mandate and the additional future resources that may be required to most this mandate.
Mayor Romero called for comments from the public at this;time. None were forthcoming.
Council Member Settle expressed concern that this mandate may result in a potential
conflict with other agencies. In addition, because he thought the monitoring costs may
exceed the current estimates,he asked for additional cost Information so that he can
communicate it to legislators.and make them aware that this unfunded federal mandate is
exceeding what the City may be able to effectively accomplish.
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City Council Meeting • O Page 2
Tuesday, March 20,2007-5:00 p.m.
ACTION: The City's Phase II Municipal Storm Water Program was reviewed and
discussed. No action was taken.
Council recessed from 6:20 to 7:00 p.m.and the meeting reconvened with all.members
present.
PRESENTATIONS
Rick Cohen.Executive Director of Big Brothers and Big Sisters,and Brittany Hoose,
Community Outreach Specialist,discussed the contributions Fire Inspector Molly Brown
has made in her role as a"big sister"mentor. Fire Marshall Jim Tringham accepted the
award on Ms.Brown's behalf.
APPOINTMENTS
Al. 2007 APPOINTMENTS TO CITY ADVISORY BODIES.
City Clerk Hooper presented the agenda report. Council Liaison Subcommittees
recommended that scheduled vacancies be filled as indicated below.
Architectural Review Commission(Subcommittee Members Mulholland and Brown)
1. Reappoint Greg Wilhelm to a four-year term expiring March 31,.2011.
2. Appoint Jason Kambitis to afouryear tern expiring March 31,2011.
Bicycle Advisory Committee(Subcommittee Members Brown and Carter)
1. Reappoint Timothy Gillham to a four-year term expiring on March 31,2011.
2. Reappoint Glen Matteson to a four-year term expiring on March 31,2011.
Construction Board of Appeals(Subcommittee Members Brown and Carter)
1. Reappoint Niel Dilworth to a four-year term expiring on March 31,2011.
2. Direct staff to re-advertme for the disabled representative vacancy which has
remained unfilled since the 2006 recruitment.
Cultural Heritage Committee(Subcommittee Members Carter and Settle)
1. Reappoint Barbara Breska to a four-year term expiring on March 31,2011.
2. Appoint John Fowler to a four-year tern expiring on March 31,2011.
3. Appoint Dean Miller to a three-year term expiring on March 31,2010.
4. Appoint Elise Wheeler to a two-year tern expiring on March 31,2009
Housing Authority(Subcommittee Member Mayor Romero)
1. Reappoint Marti Reed as Member-at-Large to a four-year tern expiring on March 31,
2011.
2. Reappoint Biz Steinberg as Member-at-Large to a four-year tern expiring on March
31,2011.
3. Direct staff to re-advertise for the senior tenant and regular tenant vacancies which
remain unfilled.
Human Relations Commission(Subcommittee Members Settle and Brown)
1. Appoint Dan Pronsolino to a four-year term expiring on March,31,2011.
2. Appoint Trey Duffy to a four-year term expiring on March 31,2011.
3. Appoint Charlene Rosales to a four-year tern expiring on March 31,2011.
Joint Use of Recreational Facilities Committee(Subcommittee Members Carter and Settle)
1. Reappoint Nancy Cochruri to a four-year term expiring on March 31,2011.
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Tuesday, March 20,2007-5:00 p.m.
2. Appoint Colin Jones to a four-year term expiring on March 31,2011.
3. Direct staff to re-advertise for two regular positions that remain unfilled.
Mass Transportation Committee(Subcommittee Members Carter and Settlel
1. Reappoint Denise Martinez as a Disabled Representative to a four-year term
expiring on March 31,2011.
2. Appoint Margaret Crockett as a Member-at-Large to a four-year term expiring on
March 31,2011.
3. Appoint Tracey Amundson as a Student Representative to a four-year term expiring
on March 31,2011.
4. Appoint Christine Batteate as an Alternate to a three-year term expiring on March 31,
2010.
5. Appoint Diana Gould-Wells as an Alternate to a two-year term expiring on March 31,
2009. (See red file memo on file 1n the City Clerk's office.)
Parks and Recreation Commission(Subcommittee Members Brown and Carter)
1. Appoint Rick May to a four-year term expiring on March 31,2011.
2. Appoint Craig IUncald to a four-year term expiring on March 31,2011.
3. Appoint Bob Wolf to a one-year term expiring on March 31,2008.
Personnel Board(Subcommittee Members Brown and Mulholland)
1. Reappoint Phillip Ruggles to a four-year term expiring on March 31,2011.
2. Appoint Carol Sexton to a four-year term expiring on March 31,2011..
Plannina Commission (Subcommittee Members Mulholland and Romero)
Appoint Dan Carpenter to a four-year term expiring on March 31,2011.
Promotional Coordinating Committee(Subcommittee Members Carter and Settle)
1. Appoint Cathie Babb to a four-year-term expiring on March 31,2011.
2. Appoint Rob Sexton to a four-year term and expiring on March 31,2011.
ACTION: Moved by Settle/Mulholland to make appointments to the City's advisory
bodies effective April 1,2007, in accordance with the recommendations indicated
above; motion carried 5:0 for all advisory bodies accept the Promotional
Coordinating Committee which carried 4:0:1 (Mayor Romero abstained because a
relative of his was appointed to this Committee).
Council also directed staff to re-advertise for the five scheduled vacancies that staff was
unable to fill and three unscheduled vacancies.
A2. APPOINTMENT OF NEW SAN LUIS OBISPO DOWNTOWN ASSOCIATION BOARD OF
DIRECTORS MEMBERS.
This item was pulled from the Agenda and rescheduled to the April 17,2007,Council
meeting (per red file memo on file in the City Cleric's office).
PUBLIC COMMENT
Gary Fowler.San Luis Obispo,explained why he thinks a new Senior Center should be built
instead of making improvements to the existing facility. He also urged Council to ask for an
exemption to build that facility on the Dalidko property.
Michael Helper.San Luis Obispo,expressed concerns regarding the enforcement practices of
the parking meter employees in the downtown. He also suggested that the 10-hour
motorcycle meters should be reduced to two-hour meters in the downtown corridor.
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City Council Meeting Page 4
Tuesday,March 20,2007-5:00 p.m.
CONSENT AGENDA
Mayor Romero referred to item C2,Council Meeting Minutes,and said the motion should
Incorporate the revisions contained in the red file memo. He also noted the revised resolution
submitted with a red file memo for item C6,Final Accept of Public Improvements for Tract
2726),which should be incorporated Into the motion. (Both memos are on file in the City
Clerk's office.)
Andrew Carter asked that item C4,Compensation Philosophy,be pulled for a separate
discussion.
ACTION: Moved by Settle/Brown to approve Consent Agenda items,with the
exception of item C4,as indicated below.
C1. MINUTES OF MARCH 1 AND 6.2007.
ACTION: Moved by SettleBrown to waive oral reading and approve as amended
(memo on file in the City Clerk's office); motion carried 5:0.
C2. APPROVE AMENDMENT NO.1 TO CONTRACT WITH URS CORPORATION FOR
SEISMIC ANALYSIS OF SALINAS DAM.
ACTION: Moved by Settle/Brown to: 1)Approve Amendment No. 1 to the contract
with URS Corporation(URS)for Phase IIB seismic analysis of the Salinas Dam in the
amount of$41,407 and authorize the Mayor to execute the contract 2)Appropriate
$41,407 from Water Fund working capital to the Salinas Dam Seismic Account
(90626)for these services; motion carried 5:0.
C3. LASER FICHE CONVERSION PROJECT.
ACTION: Moved by Softie/Brown to approve an Agreement with DataNET Solutions
in an amount not to exceed$77,292.96 to convert Police reports and documents
currently stored on microfiche and paper to LaserFiche and authorize the Mayor to
execute the Agreement; motion carried 5:0.
C4. RESOLUTION TO ADOPT A COMPENSATION PHILOSOPHY.
Following a discussion initiated by Council Member Carter.Council agreed to revise the
resolution as indicated in the following motion.
Mayor Romero called for public comments on this item.
Matt Kokkonen.San Luis Obispo Financial Planner,and Patricia Wilmore,SLO Chamber of
Commerce,spoke in favor of the revised language, particularly as in some instances
private and public sector employers compete to fill positions.
ACTION: Moved by CarterBrown to adopt Resolution No.9885(2007 Series)with the
addition of a new item C in section 2,"The relative labor market for certain positions will
also consider local private sector employers,"and deletion of language in subsection D
related to the private sector, motion carried S:O.
C5. REQUEST FOR PROPOSALS FOR CRIME PREVENTION AND COMMUNITY
OUTREACH MARKETING SERVICES.
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City Council Meeting O Page 5
Tuesday, March 20,2007-5:00 p.m.
ACTION: Moved by SettleBrown to approve a request for proposals for Crime
Prevention&Community Outreach Marketing Services(Specification No.90627)for
fiscal years 2007-2009 and authorize the CAO to award a contract if the proposed
contract amount is less than$55,700;motion carried 5:0.
CO. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2726—A 168 UNIT
RESIDENTIAL CONDOMINIUM(CONVERSION)SUBDnnSION 1017 SOUTHWOOD
DRIVE.(PARKWOOD CONDOMINIUM. INC-SUBWDER)
ACTION: Moved by SettlelBrown to adopt a revised Resolution No.9886(2007
Series)accepting the public improvements,and reducing the improvement security
for private improvements in conjunction with Tract 2726 per a red file memo(on file
in the City Clerk's office); motion carried 5:0.
C7. AUTHORIZATION OF APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT(HCD)FOR FUNDING UNDER THE
2006 WORKFORCE HOUSING REWARD(WFH)PROGRAM(PROPOSITION 461
ACTION: Moved by SeUleBrown to adopt Resolution No.9887(2007 Series)
authorizing the City Administrative Officer or his designee to complete and submit
an application to HCD for the WFH Program and target the WFH funds to match
existing City and CDBG funds for the replacement of the Laguna Lake Park
Restrooms for ADA compliance; motion carried 5:0.
PUBLIC HEARINGS
2. VESTING TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT REZONE TO
CREATE TWELVE SINGLE-FAMILY RESIDENTIAL LOTS WITH EXCEPTIONS(300
LAWRENCE DRIVE,TRIRDIER 82-05).
Community Development Director Mandeville and Associate Planner Corey presented the
agenda report
Mayor Romero opened the public hearing.
Michael Coss,developer,discussed the history of the project and the redesigns that were
submitted. He explained why he thought that the completion of the environmental review
would respond to the neighbors concerns and would assist staff in providing more direction.
Marshall Ochvlski.Attorney and applicant's representative,reviewed the policy issues
contained in his letter dated March 20'"(on file in the City Clerk's office).
Greg McGownapplicant's representative,reviewed several of the General Plan policies and
suggested that Council,as lead agency,can determine the appropriate CEQA document.
Mr.Coss and staff responded to Council's questions.
Deputy Director Community Development Davidson stated,for the record,that the same
policies that applied to the 1994 Open Space Element would have applied whether the
project was reviewed in 1997 or 2007.
The following people spoke in support of the developer and his proposal,and asked Council
to make policy decision that would permit development on the project site:
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Tuesday, March 20,2007-5:00 p.m.
Brian Holden,Los Osos
Al Hummel.San Luis Obispo
Mark Perry.Oceano
Barbara Coss,San Luis Obispo
Natalie Tartanlia,San Luis Obispo
Cirus Banv.San Luis Obispo
The following people spoke against the development as proposed and supported the
recommendation of the Planning Commission.
Arnold Jonas,San Luis Obispo
Dan Caldon.San Luis Obispo
Shawn McNabb,San Luis Obispo
'Dave Hacker.San Luis Obispo
Mike Emnke.San Luis Obispo
Liz Ellis San Luis Obispo
Jim Eckhart.San Luis Obispo
Mayor Romero closed the public hearing.
Council recessed from 9:13 to 9:25 p.m.and the meeting reconvened with all members
present
During the ensuing discussion,Council Members agreed that the tentative map was
inconsistent with the General Plan in several respects and does not meet Planned
Development(PD)zone requirements. The following is a summary of their concerns and
recommendations:
Vice Mayor Mulholland pointed out the need for small,low-income housing rather than a
traditional subdivision with large lots and suggested a more innovative project that will
respond to the site's constraints.
Council Member Settle suggested that the till can be removed and trees can be relocated,but
that the project should utilize clustered development to preserve other natural resource
features.
Council Member Brown said he was not concerned with the removal of the California Buckeye
trees,but that the proposal contains too many units.
Council Member Carter said he wouldn't rule out development,but could not visualize as
many as 10 to 12 lots on the site. He expressed concern about drainage,traffic,and privacy
issues. He suggested using speed bumps for traffic control.
Mayor Romero supported development on the site,but said the number of units should be
less than 12. He preferred a standard cul de sac at the end of Lawrence Drive,thought the fill
needs to be replaced,did not have concerns with the removal of the California Buckeye trees,
thought the presence of the wetlands and Adobe Sanicle as well as privacy issues precluded
building on the lower three lots,and suggested that the drainage from all of the units should
be carried in an underground pipe system. He also suggested that fees should be waived for
the re-submittal of an application.
It was moved by Mulholland/Settle to approve the CAO recommendation denying a vesting
tentative tract map and Planned Development rezone.
City Council Meeting • O
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Tuesday,March 20,2007-5:00 p.m.
Council Member Carter asked that the references to Conservation and Open Space Element.
policies 7.22.1 (Protection of Significant Trees)and 7.22.4(Preservation of Grassland
Communities and Other Habitat Types)in section 1,subsection 1,removed from the
resolution denying the application.
A discussion followed during which Natural Resources Manager Havlfk clarified that the
native grassland area includes the Mariposa Lilly,which is a species of concern. Additionally,
City Attorney Lowell clarified that Council may wish to specify if the denial is without
prejudice to allow the applicant to resubmit an application without having to waft the requisite
one-year period.
Vice Mayor Mulholland and Council Member Settle concurred to amend the motion as
Indicated below.
Vice Mayor Mulholland stated for the record that she would support the amended motion,but
disagreed with the reason for removing the policies as requested by Council Member Carter.
Mavor Romero reiterated that he would consider the development acceptable with less than
12 units,that Lawrence Drive should terminate in a standard cul de sac,that the fill should be
eliminated,and that no development should be permitted on the lower three lots.
Council Member Carter expressed concern regarding precluding all development on the lower
portion of the site.
Community Development Director Mandeville clarified that the Mariposa Lilly Is afforded the
same protection by the General Plan as other species In the lower portion of the site,which
may preclude a lot in that area He added that preserving and property mitigating other
impacts in that area did not require that Council preclude development in the entire lower
third of the site. Instead,protecting the resources with buffer areas as described in the
General Plan would be sufficient,and may be an option for the applicant to obtain one of the
findings required in the PD zone.
ACTION: Moved by MulhollandlSettie to adopt Resolution No.9888(2007 Series).
denying a vesting tentative tract map and Planned Development rezone to create
twelve single-family residential lots with exceptions(TRIPD/ER 82-05). The motion
Included the following revisions to the resolution: 1)deleting the references to
Conservation and Open Space Element policies 7.22.1 (Protection of Significant
Trees)and 7.22A(Preservation of Grassland Communities and Other Habitat Types)in
section 1,subsection 1,and 2)adding language In section 2 denying the project
without prejudice so as to allows revised application to be submitted without the
need to wait for one year. Motion carried 5:0.
ACTION: Moved by SettieBrown to provide staff and developer with the following
direction: 1)Development of the site is not appropriate on the upper steeply sloped
open space portion of the site,2)The open space resources located on the lower
portion of the site, including the wetlands,Adobe Sanicle,Cambria Morning Glory
and Mariposa Lilly shall be preserved with appropriate buffers,and therefore those
area of the lower portion of the site are not appropriate for development. 3)The
central portion of the site that has been disturbed and is covered with fill material Is
an appropriate area for development. 4)Application fees for a new submittal,
where duplicative of fees paid for the current proposal,shall be waived. Motion
carried 4:1 (Mulholland opposed).
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Tuesday,March 20,2007-5:00 p.m.
CAO Hamgian made closing remarks which included,in part,the need to focus on City
policies and the Council's direction at this meeting for a future submittal, He also noted that
he and Community Development Director Mandeville will take into consideration comments
regarding staff assignments for future submittals,and urged the applicant to consider adding
a professional planner to his team with experience working with challenging and complex
projects like this one.
The Agenda was reordered to consider Council Liaison Reports at this time.
COUNCIL LIAISON REPORTS
Mayor Romero reported on his attendance at the March 74"SLO Council of Governments
meeting. (His report is on file in the City Clerk's office.)
Council Member Settle reported on his attendance at a meeting of the Performing Arts Center
(PAC)Facilities Committee and submitted information on the capital improvement programs
pending for the PAC.
Vice Mayor Mulholland reported on her attendance at the March 74'County Water Resources
Advisory Committee meeting. She also reported on her attendance at the March 141'
Integrated Waste Management Board meeting.
COMMUNICATIONS
Vice Mayor Mulholland said she attended the Ahwhanee Conference over the weekend and
will provide further information on the conference in the future.
STUDY SESSION
3. UPDATE ON ACTIVITIES OF THE NATURAL RESOURCES PROTECTION PROGRAM
IN 2006.
Assistant CAO Stanwvck introduced this item,following which Natural Resources Manager
Havlik,and the City Biologist Otte, presented a report on the activities of the Natural
Resources Protection Program in 2006 and the outlook for 2007. At the end of the
presentation,City Biologist Otte displayed a video of steelhead trout spawning In SLO
Creek taken on March 6th at the site of a sift removal project.
Mayor Romero called for public comments at this time.
Patricia Wilmore.SLO Chamber of Commerce,acknowledged the success of the City's
Natural Resources Program and expressed appreciation to staff for their accomplishments.
ACTION: Council received the report. No action was taken.
There being no further business to come before the City Council,Mayor Romero adjourned
the meeting at 11:15 p.m.to Tuesday,April 3,2007,in the Council Chamber,890 Palm Street,
San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 04/03/07
®UXAF I c�
o
MINUTES
CLOSED SESSION MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
THURSDAY, MARCH 15,2007—8:15 A.M.
COUNCIL HEARING ROOM,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown,Andrew Carter,Allen Settle,Vice
Mayor Christine Mulholland and Mayor Dave Romero
City Staff:
Present: Audrey Hooper,City Clerk
PUBLIC COMMENT
None were forthcoming.
CLOSED SESSION
Mayor Romero announced the following Closed Session topic,following which Council
adjourned to a Closed Session:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code§54957
Public Employees: City Administrative Officer
City Attorney
Following the Closed Session, Mayor Romero reported that the performance evaluations
were conducted. Resolutions concerning compensation will be considered publicly by
Council at its meeting of April 3,2007.
There being no further business to come before the City Council,Mayor Romero adjourned
the meeting at 10:30 pm.to Tuesday,March 20,2007,in the Council Chamber,990 Palm
Street,San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 0413107
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