HomeMy WebLinkAbout07/17/2007, AGENDA t
council agenda
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, July 17, 2007
6:15 P.M. SPECIAL MEETING Council Hearing Room
990 Palm Street
CALL TO ORDER: Mayor Dave Romero
ROLL CALL: Council Members Paul Brown, Andrew Carter, Allen K.
Settle, Vice Mayor Christine Mulholland,
Mayor Dave Romero
PUBLIC COMMENT ON CLOSED SESSION ITEM
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE § 54957.6
AGENCY NEGOTIATORS: KAREN JENNY, MONICA IRONS, RICHARD
WHITMORE
EMPLOYEE ORGANIZATION: SAN LUIS OBISPO POLICE OFFICERS'
ASSOCIATION
ADJOURN TO A REGULAR MEETING.
® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to
including the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf (805) 781-7410.
Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call
781-7100.
Council Agenda Tuesday, July 17, 2007
PROCEDURES FOR PUBLIC COMMENTS ON AGENDA ITEMS: You may address the Council on any item described
in this agenda by completing a speaker slip and giving it to the City Clerk prior to the meeting. The Mayor will invite public
comments before the Council takes action on each item. (Gov. Code Sec. 54954.3(a)) Your speaking time is limited to
three(3)minutes. (CC&P Sec.1.3.7)
PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each item and thereafter, the hearing will be
conducted as follows:
1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions
from Council.
2. The Mayor will open the public hearing by first asking the project applicant/appellant(or his/her representative)to
present any points necessary for the Council, as well as the public,to fully understand the proposal.
3. The Mayor will then ask other interested persons to come to the podium to present testimony either in support of
or in opposition to the proposal.
4. Finally, the Mayor will invite the applicant/appellant (or his/her representative) back to the podium to respond to
the public testimony, if appropriate. The Mayor will then close the public hearing and limit further discussion to
the Council and staff prior to the Council taking a vote.
RULES FOR PRESENTING TESTIMONY AT A PUBLIC HEARING: City Council meetings often involve highly emotional
issues. It is important that all participants conduct themselves with courtesy, dignity and respect. All persons who wish to
present testimony are asked to observe the following rules:
1. Speakers are asked to submit speaker slips to the City Clerk.
2. If you have filled out a Speaker Slip,the Mayor will call you to the podium.
3. Speakers shall address the Council from the podium after giving his/her name and city of residence. Speakers
shall direct their comments to the Council, not the audience.
4. Speakers shall limit comments to three minutes. The Mayor, after all others have spoken, may allow additional
brief comments from speakers who have already commented on the same agenda item.
5. If testifying as paid representatives, as defined in the Municipal Code speakers shall register as a Municipal
Advocate and shall preface their comments by identifying themselves as Municipal Advocates (§2.64.020 &
§2.64.050&§2.64.070).
6. Applicants,appellants or applicant representatives desiring to speak shall:
a. Submit speaker slips to the City Clerk (available on a plastic rack at the entrance to the Council
Chamber).
b. Shall be permitted to speak first during the public comment portion of the public hearing for not more
than ten minutes.
c. Address the Council from the podium after giving their name and address, and/or the name and
address of the applicant/appellant they are representing. If the applicant/appellant's representative is a
paid Municipal Advocate,they shall comply with Number 5 above.
7. If you challenge an issue in court, you may be limited to raising only those issues you or someone else raised at
this public hearing as described above, or in written correspondence delivered to the City before or during the
public hearing.
PROCEDURES FOR SUBMITTTING CORRESPONDENCE TO COUNCIL: Written comments on agenda items are
encouraged and are most effective if presented at least one day prior to the meeting. Note: Correspondence to Council
received after 5:00 p.m. on the day of the Council meeting regarding agenda items may not be distributed until the
following day.
2
Council Agenda Tuesuay, July 17, 2007
7:00 P.M. REGULAR MEETING Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Dave Romero
ROLL CALL: Council Members Paul Brown, Andrew Carter, Allen K.
Settle, Vice Mayor Christine Mulholland,
Mayor Dave Romero
PLEDGE OF ALLEGIANCE
INTRODUCTIONS
INTRODUCTION OF NEW FIRE DEPARTMENT EMPLOYEES DAVID MARSHALL,
JASON PRATT, & MATTHEW POLKOW. (CALLAHAN —5 MINUTES)
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City
Clerk prior to the meeting. At this time,you may address the Council on items that are not on the agenda or items on the
Consent Agenda., Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not
on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights(Gov. Code Sec.549542). Staff may be asked to follow up on such items.
Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's
Office in Room t of City Hall.
CONSENT AGENDA
The Consent Agenda is approved on one motion. Council Members may pull consent items to be
considered after Business items. The public may comment on any item on the Consent Calendar.
C1. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING
DELEGATE/ALTERNATE 2007. (HOOPER)
RECOMMENDATION: Designate Mayor Romero as the voting delegate and Vice
Mayor Mulholland as the voting alternate to the League of California Cities Annual
Conference.
C2. ORCUTT ROAD WIDENING PROJECT, SPECIFICATION NO. 90521.
(WALTER/HORN)
RECOMMENDATION: 1. Approve an agreement with Union Pacific Railroad in an
amount estimated to be $1,610,000 for additional easement area and construction of
widened railroad crossing associated with the Orcutt Road Widening Project,
3
Council Agenda Tuesday, July 17, 2007
Specification No. 90521, and authorize the Mayor to execute the agreement. 2.
Authorize the CAO to approve the plans and specifications and award the contract for
the Orcutt Road Widening Project, Specification No. 90521 if the lowest responsible bid
is within the available budget of $925,000. 3. Appropriate $1,440,000 and $1,200,000
from the State Transportation Improvement Program grant funding and development
fees respectively to fund this project. 4. Authorize the CAO to execute a
reimbursement agreement with parties inside the Four Creeks Rezoning Projects
Limits.
C3. BOB JONES CITY-TO-SEA TRAIL— SEGMENT#3 SPECIFICATION NO.
90670. (WALTERNANBEVEREN)
RECOMMENDATION: 1. Approve Special Provisions for Bob Jones City-to-Sea Trail —
Segment #3, Specification No. 90670. 2. Authorize staff to advertise for bids. 3.
Authorize the CAO to award the contract if the lowest responsible bid is within the
engineer's estimate of $449,600. 4. Authorize the consolidation of funds into the
construction phase of the project account.
C4. APPROVAL OF THE FINAL MAP FOR TRACT 2832, 1063 ELLA STREET
(TR/ER 129-05). (WALTER/BOCHUM)
RECOMMENDATION: Adopt a resolution approving the Final Map for Tract 2832
located at 1063 Ella Street.
C5. LOS OSOS VALLEY ROAD REHABILITATION, SPECIFICATION_ NO. 90546.
(WALTER/GUZMAN)
RECOMMENDATION: 1. Approve plans and specifications for the Los Osos Valley
Road Rehabilitation Project, Specification No. 90546. 2. Authorize staff to advertise for
bids and authorize the CAO to award the contract if the lowest responsible bid is less
than or equal to the Engineer's Estimate of $1,429,000 ($1,366,000 General Fund,
$47,000 Water System Improvements and $16, 000 Collection System Improvements).
C6. INTENTION TO ISSUE TAX EXEMPT BONDS FOR PUBLIC SAFETY
DISPATCH CENTER AND RADIO SYSTEM UPGRADE PROJECTS.
(STATLER/DOMINGUEZ)
RECOMMENDATION: Adopt a resolution of intention to issue tax exempt bonds in
financing the public safety dispatch center and radio system upgrade projects and to
reimburse from the proceeds costs incurred prior to their issuance.
C7. DONATION OF FENCING FOR JACK HOUSE AND GARDENS. (KISER)
RECOMMENDATION: 1. Accept a donation from the Rotary Club of San Luis Obispo
to restore the Jack House garden fence. 2. Authorize the Mayor to execute the donor
agreement.
4
r ,
Council Agenda Tuesday, July 17, 2007
C8. FINAL PASSAGE OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP
FROM R-2-SP AND C/OS-SP TO R-2-SP-PD AND C/OS-SP-PD FOR THE
CENTRAL 11-ACRE PORTION OF VESTING TENTATIVE TRACT MAP NO.
2428 (PD 98-06, 3000 CALLE MALVA). (MANDDEVILLE/RICCI)
RECOMMENDATION: Grant final passage to Ordinance No. 1506, approving a
Mitigated Negative Declaration of environmental impact, and amending the City's
zoning map designation from R-2-SP, Medium-Density Residential with the Specific
Plan overlay, and C/OS-SP, Conservation/Open Space with the Specific Plan overlay,
to R-2-SP-PD, Medium-Density Residential with the Specific Plan and Planned
Development overlays and C/OS-SP, Conservation/Open Space with the Specific Plan
and Planned Development overlays, for the central 11-acre portion of the property
located at 3000 Call Malva, based on findings.
C9. 2007 EDWARD BYRNE MEMORIAL JUSTICE.ASSISTANCE GRANT
PROGRAM APPLICATION. (LINDEN/ELLSWORTH)
RECOMMENDATION: 1.. Confirm the Chief of Police's application on behalf of the City,
for a 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $17,453
for "TASER° Electronic Control Devices. 2. If awarded the grant, authorize the CAO to
execute necessary grant documents.
C10. 2007-08 COMMUNITY PROMOTIONS CONTRACTS. (STANWYCK/ELKE)
RECOMMENDATION: Approve Community Promotion's contracts to: 1. Provide
funding in the amount of $43,500 in 2007-08 for public relations services and authorize
the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of
Commerce (Chamber) for said services. 2. Provide funding in the amount of $88,900 in
2007-08 for visitor and electronic information services and authorize the Mayor to
execute a one-year agreement with the San Luis Obispo Chamber of Commerce
(Chamber) for said services. 3. Provide funding in the amount of $72,200 in 2007-08
for regional marketing services and authorize the Mayor to execute a one-year
agreement with the San Luis Obispo County Visitors and Conference Bureau (VCB) for
said services.
C11. HIGUERA.STREET PAVING PROJECT FROM MORRO ST. TO NIPOMO ST.
SPECIFICATION NO. 90684. (WALTER/GUZMAN)
RECOMMENDATION: 1. Award a contract to Granite Construction Company in the
amount of $ 477,432 for the Higuera Street Paving Project from Morro St. to Nipomo St.
Specification No. 90684. 2. Approve the transfer of $66,623 from the Water Distribution
Master Account to complete the project funding for Fire Sprinkler Laterals.
5
i
Council Agenda Tuesday, July 17, 2007
PUBLIC HEARINGS
1. PROPOSED AMENDMENTS TO THE CITY'S SUBDIVISION REGULATIONS
TO INCLUDE AIRSPACE SUBDIVISIONS (TA/ER 75-07). (CONTINUED
FROM THE MEETING OF JULY 3, 2007) (MANDEVILLE/DUNSMORE - 30
MINUTES)
RECOMMENDATION:As recommended by the Planning Commission on June 13,
2007: 1. Introduce an ordinance to adopt the proposed amendments to the Subdivision
Regulations thereby implementing minor text clarifications and adding regulations to
govern Airspace Subdivisions. 2. Adopt an addendum to the approved environmental
determination.
2. TENTATIVE.TRACT MAP PROPOSAL FOR A TEN-UNIT RESIDENTIAL
CONDOMINIUM DEVELOPMENT (625 TORO STREET, TR/ER- 176-05).
(MANDEVILLE/HILL - 15 MINUTES)
RECOMMENDATION: As recommended by the Planning Commission, adopt a
resolution approving a tentative tract map and Mitigated Negative Declaration of
environmental impact for a ten-unit residential condominium development located at
625 Toro Street (TR/ER 176-05).
3. REQUEST FROM BEACH CITIES TAXI CAB COMPANY TO INCREASE
THEIR PER MILE FEE. (WALTER/WEBSTER - 15 MINUTES)
RECOMMENDATION: Adopt a resolution approving a request from Beach Cities Taxi
Cab Company (Beach Cities Cab) to modify its schedule of rates. The Mass
Transportation Committee's (MTC) recommendation will be red filed to Council after its
July 11th meeting.
BUSINESS ITEMS
4. LAGUNA LAKE GOLF COURSE HOLE.NO. 3 RELOCATION, SPECIFICATION
NO. 90657. (WALTER/MCGUIRE—20 MINUTES)
RECOMMENDATION: 1. Approve plans and specifications for "Laguna Lake Golf
Course Hole No. 3 Relocation", Specification No. 90657. 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 cost estimate of $90,000. 3. Approve the transfer of $56,000 from
the General Fund unappropriated reserve to the project account.
6
Council Agenda Tuesday, July 17, 2007
5. PRADO ROAD INTERCHANGE PROJECT MANAGEMENT: DIRECTION
FROM COUNCIL. (HAMPIAN/STANWYCK.- 2 HOURS)
RECOMMENDATION: 1. Consider the County Board of Supervisors interest in
transferring, from the County to the City, project management responsibility for the
Prado Road Interchange and, potentially, future County revenue to offset interchange
costs. 2. Take no further action at this time due to the financial risks associated with
assuming this role, under present circumstances.
COUNCIL LIAISON REPORTS (not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit-3 minutes.
COMMUNICATIONS (not to exceed 15 minutes)
At this time, any Council Member or the City Administrative Officer may ask a question for clarification,
make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies
and Procedures, they may provide a reference to staff or other resources for factual information, request
staff to report back to the Council at a subsequent meeting concerning any matter, or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURN.
7
ADVISORY BODIES
ARCHITECTURAL REVIEW COMMISSION (ARC)
The ARC generally meets the first and third Monday Of each month. The meetings are held in City Hall in the
Council Hearing Room at City Hall, 990 Palm St. and begin at 5:00 p.m. Call 781-7170 to confirm times and dates.
BICYCLE ADVISORY COMMITTEE(BAC)
The Bicycle Advisory Committee meets quarterly in March, June, September, and December. Call 781-7178 to
confirm exact dates and times.
CITY COUNCIL
The City Council meets on the first and third Tuesday of every month. The meetings generally begin at 7:00 p.m.
and are held at City Hall in the Council Chamber, 990 Palm Street. Call 781-7103 to confirm times and dates.
CULTURAL HERITAGE COMMITTEE(CHC)
The CHC meetings are held on the fourth Monday of the Month at 5:30 p.m. in the Council Hearing Room at City
Hall, 990 Palm St. Call 781-7170 to confirm dates and times.
DOWNTOWN ASSOCIATION BOARD OF DIRECTORS
The Downtown Association Board usually meets the second Tuesday of the month at 7:30 a.m. in the Council
Hearing Room located at City Hall, 990 Palm St. Call 541-0286 to confirm the date and time.
HOUSING AUTHORITY
The Housing Authority meets the third Thursday of the month at noon in the Housing Authority offices located at
487 Leff St. Call 543-4478 to confirm dates and times
HUMAN RELATIONS COMMISSION (HRC)
The Human Relations Commission usually meets the first Wednesday of the month at City Hall in the Council
Hearing Room, 990 Palm St. beginning at 5:00 p.m. Call 781-7251 to confirm dates and times.
JACK HOUSE COMMITTEE
The Jack House Committee meets the second Wednesday of the month at the Parks &Recreation Department,
1341 Nipomo Street, at 5:30 p.m. Call 781-7305 to confirm the dates and times.
JOINT USE OF RECREATIONAL FACILITIES COMMITTEE(JUC)
The Joint Use Committee meets the fourth Tuesday of each month at noon at the Ludwick Community Center
located at 864 Santa Rosa Street. Call 781-7300 to confirm dates and times.
MASS TRANSPORTATION COMMITTEE(MTC)
The Mass Transportation Committee meetings are held on call, generally on a quarterly basis.. Call 781-7121 to
confirm exact dates and times.
PARKS AND RECREATION COMMISSION(P&R)
The Parks and Recreation Commission typically meets the first Wednesday of the month in the Council Chamber,
City Hall, located at 990 Palm St. and begin at 7:00 p.m. Call 781-7300 to confirm dates and times.
PLANNING COMMISSION (PC)
The Planning Commission meets the second and fourth Wednesday of the month at 7:00 p.m. in the Council
Chamber, City Hall, 990 Palm Street. Call 781-7170 to confirm dates and times.
PROMOTIONAL COORDINATING COMMITTEE(PCC)
The Promotional Coordinating Committee meets the second Wednesday of each month at 5:30 p.m. in the
Council Hearing Room at City Hall, 990 Palm St. Call 781-7123 to confirm the times and places.
TREE COMMITTEE
Tree Committee meets at 5:00 p.m. on the fourth Monday of the month at the City s Corporation Yard located at
25 Prado Road. Call 781-7220 to confirm dates and times.
7 -17-0
The Santa Barbara Analogue
My name is Bob Lucas and I live at 1831 San Luis Dr.
I'm here to comment on the proposed building height ordinance
because I will not-be in town next month when it may come to you.
As you know, the city is facing a critical moment now in the
development of its downtown. Buildings are being proposed that
will exceed thO past height limit by 50 percent or more.
Chinatown, currently before the Planning Commission in draft EIR
form, is the first, pushing the envelope to 78 feet in height
(although calculations from the EIR show a height of 90 feet).
The problem is the Planning Commission cannot easily solve the
problems the Chinatown project causes. Why?
Because the pre:nis"e, the law that created the problem may be
flawed itself.
EIR's are intended to head off unintended consequences. Best of
course would for someone to build the building, and then for
people to check it out, and if they don't like it, order it to be torn
down.
No developer would agree to this.
What's second best is to see if someone else has already done it for
us. Then you don't need an EIR or an angry builder.
Apparently Santa Barbara has.
A few years ago, the City of Santa Barbara passed an ordinance to
increase the height of its downtown buildings from 50 feet to 60
feet.
Subsequently, a.spate of projects, from 6 to 10 depending on how
you count, were proposed, approved, planned, and constructed—
almost in tandem.
When the buildings were finished, the citizens looked and they
were horrified.
To such an extent that they besieged the council in May of this
year to do something about it. Previous members of the city's
Planning Commission and City Council proposed that the limit that
had been raised from 50 to 60 be lowered immediately to 40 feet
for a two-year period while the general plan was studied and
revised.
A pretty strong response to a change as mild as only a 20 percent
increase.
Tomorrow the Santa Barbara City Council, Planning Commission,
Architectural Board of Review, and the Historic Landmarks
Commission will meet in a combined workshop to address the
situation and figure out what to do about it.
In the meantime, what can we learn? A lot. Consider:
1. Santa Barbara, went to only 60 feet; we're doing 75 feet.
2. Santa Barbara has a main street extending three miles; we
have one extending just _five blocks, accentuating any vertical
changes.,
3. Santa Barbara's downtown is basically flat terrain: SLO's has
slopes downtown that, at least in the case of the Chinatown
P ,
project, could make a 78 foot elevation appear closer to 100
feet.
Unless we take the lessons of Santa Barbara seriously now, then,
like Santa Barbara, we won't know we were wrong until it's too
late. We'll approve Chinatown, then Garden Street Terrace, then
Fiber Coast, and on and on, only learning when they all come to
fruition at about the same time what we might have already picked
up by studying wlhat's happened 90 miles south of us.
As Yogi Berra said, "You can observe a whole lot just by
watching."
I recommend that the City Council direct the Planning
Commission to suspend any involvement in EIR review of new-
height downtown buildings until an ordinance is in place to guide
them.
I ask the City Council to take the deliberate approach typical of an
EIR and apply it to consideration of the height ordinance when it
comes in for review.
Thank you.
July 17, 2007