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HomeMy WebLinkAbout08/21/2007, C1 - MINUTES MEI -AGENDA_ MINUTES DATE P ITEM #� SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 3, 2007—6:15 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Andrew Carter, Vice Mayor Christine Mulholland and Mayor Dave Romero were present at Roll Call. Council Member Settle was seated at 6:20 p.m. CLOSED SESSION PUBLIC COMMENT ON CLOSED SESSION ITEM No comments were forthcoming. CLOSED SESSION City Attorney Lowell announced the following Closed Session topic,after which Council adjourned to the Closed Session. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: APN's 002-416-034 and 002-416-029 Negotiating Parties: City of San Luis Obispo: Shelly Stanwyck, Claire Clark, Jonathan Lowell (Landowner) Purchaser: San Luis Obispo Court Street, LLC Negotiations: Consider modification of Option to Purchase Real Property Agreement The Special Meeting adjourned at 7:00 p.m.,following which the Regular Meeting convened. City Attorney Lowell reported on the Closed Session during the regular meeting. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JULY 3, 2007—7:00 P.M. COUNCIL CHAMBER,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 DRAFT �i-� City Council Meeting Page 2 Tuesday,July 3,2007-6:15 p.m. City Staff: Present: Ken Hamplan,City Administrative Officer,Jonathan Lowell,City Attorney;Audrey Hooper,City Clerk; Shelly Stanwyck,Assistant City Administrative Officer,Monica Irons,Human Resources Director, Deborah Linden,Police Chief; Betsy Kiser,Parks and Recreation Director, Brigitte Eike, Principal Administrative Analyst; Pam Ricci,Senior Planner CLOSED SESSION City Attorney Lowell reported that a Closed Session was held during the Special meeting to discuss potential modification of an option to purchase real property with the Copelands concerning the Chinatown project Council has provided direction to Its negotiators; no further reportable action was taken. PRESENTATIONS Mayor Romero presented a proclamation to the following family members of former City Council Member Emmons Blake,who recently passed away: his wife Barbara Blake,son Richard Blake,daughter-raw Arlene Blake and granddaughter Melissa Blake. Mayor Romero presented a proclamation to Betsy Kiser,Parks and Recreation Director, and staff members Rich Ogden,Linda Fitzgerald,and James Bremer and his family, recognizing July 2007 as Parks and Recreation Month. Police Chief Linden and Kristin Dykstra,Cal Poly Marketing Team,made a presentation regarding the SLO Night with Your Neighbors program. Council Member Carter indicated that he had heard this presentation at the Student Community Liaison Committee meeting and,as a result,he has committed to holding a street gathering at his home. Mayor Romero acknowledged the outstanding relationship San Luis Obispo has with the university and its students. At this time,Mayor Romero asked if,because of the anticipated length of the meeting, Council would be willing to continue item B5,2007 Water Resources Status Report,to the August 14,2007,City Council meeting. Council unanimously concurred. APPOINTMENTS Al. RECOMMENDATIONS FOR APPOINTMENT TO THE PLANNING COMMISSION(PC). Vice Mayor Mulholland acknowledged,as PC subcommittee liaison,the qualifications of all of the applicants,but explained that because the vacancy is for an unexpired term this would provide the opportunity for the one applicant who has not served on the PC already, Eric Meyer,to gain experience and bring new and innovative ideas to the PC. Mayor Romero.PC subcommittee liaison,noted the critical projects with which the PC is faced at this time and the need to appoint someone with a good planning background. He discussed Mike Multarl's extensive planning experience and other qualifications and recommended Mr.Multari for appointment Public Comment LOKAFI C�_z City)Council Meeting Page 3 Tuesday,July 3,2007-6:15 p.m. Eric Meyer,applicant to Planning Commission,discussed his background and the experience which he would bring to the PC if he were appointed. It was moved by Vice Mayor Mulholland to appoint Eric Meyer to the Planning Commission. The motion faded due to lack of a second. Council Members Carter. Brown and Settle commented on applicant Mike Multari's background and qualifications. ACTION: Moved by RomerolBrown to appoint Mike Multari to the Planning Commission to fill an unexpired term ending March 31,2008; motion carried 4:1 (Mulholland opposed). PUBLIC COMMENT Slfu Kekdn Harrison.San Luis Obispo,spoke about his continuing concerns related to personal harassment CONSENT AGENDA Because of the number of speakers for item C2,SLOCOPA Annual Report,Council concurred to pull the matter and consider it following other action on the Consent Agenda. Vice Mayor Mulholland stated that she will oppose item CS, Update to the Wastewater Facilities Master Plan,because,although she generally supports maintaining and upgrading facilities,this action Is specifically due to the annexation of the Airport Area which she does not support ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as recommended by the City Administrative Officer,motion carried as indicated below. C1. MINUTES OF JUNE 5 AND 19.2007. ACTION: Moved by Settlefftlho0and to waive oral reading and approve with corrections to the comments under items C7 and CS(page 2)of the June 5,2007,minutes and to item C2(page 3)of the June 19,2007,minutes(see red file item on file in the City Clerk's office);motion carried 5:0. C2, SAN LUIS OBISPO COUNTY PUBLIC ACCESS.INC.(SLOCOPA)ANNUAL REPORT (HOOPERILOWELL). This item was pulled and considered following action on the rest of the Consent Agenda. C3. BIENNIAL REVIEW OF ADVISORY BODY BYLAWS. ACTION: Moved by Settle/Mulholland to adopt Resolution No.9916(2007 Series) amending various City advisory body bylaws by incorporating amendments recommended: 1)by the respective advisory body,2)by the staff,with the exception of amendments by the PCC to Article 4,section K regarding attendance,and 3)by Vice Mayor Mulholland through a red file memorandum(available in the City Clerk's office); motion carried 5:0. C4. CITY WIDE TRAFFIC VOLUME COUNTS,SPECIFICATION NO.90653. ACTION: Moved by Settle/Mulhoffand to authorize staff to advertise for bids for City wide traffic volumes courts and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's estimate of$41,1100;motion carried 5:0. U"A ��-� City Council Meeting Page 4 Tuesday,July 3,2007-6:15 p.m. C5. UPDATE TO THE WASTEWATER FACILITIES MASTER PLAN. ACTION: Moved by SettlelMulholland to: 1.Approve an agreement with Brown S Caldwell in the amount of$58,800 to prepare an update to the Wastewater Facilities Master Plan. 2. Authorize the transfer of$25,000 In additional funding from Wastewater Collections System Improvements to the project account; motion carried 4:1 (Mulholland opposed). C6. 2008 AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT. ACTION: Moved by Settle/Nlulholland to approve in concept an agreement with AEG Cycling for the City of San Luis Obispo's participation in the 2008 Amgen Tour of California cycling event and authorize the Mayor to execute the final agreement, contingent upon selection by AEG Cycling for San Luis Obispo to be a Host City;motion carried 5:0. C7. AWARD CONTRACT FOR TOURISM ADVERTISING SERVICES FOR THE COMMUNITY PROMOTIONS PROGRAM. ACTION: Moved by SettlelMulholland to: 1.Award the contract for Tourism Advertising Services for the Community Promotions Program(Specification No.90697)to Verdin Marketing Ink. 2.Authorize the Mayor to execute the contract;motion carried 5:0. Item C2 was considered at this time. C2. SAN LUIS OBISPO COUNTY PUBLIC ACCESS.INC.(SLOCOPA)ANNUAL REPORT. Following clarification regarding the action before Council by Mayor Romero and a discussion regarding the format for public comments,Mayor Romero called for public comments. The following people expressed concern about the administration of the public access channel. Ron Bearce Prez George Washinciton Karren McKnight John Kert Sandy Allen Richard Zaitz Patrick Germany Christina Bearce Kim Harris Michael Loviean Monique.Graieda Leslie Bearce Ted Shearer Elisabeth Demongeot Robert Bearce Anthony Bolin Jason Reed Morvan Hunt The following people spoke in support of the administration of the public access channel and/or requested that Council release the funds for equipment ®RAF City Council Meeting Page 5 Tuesday,July 3,2007-6:15 p.m. Brent Willey Joan Sullivan Dianne Tuttle David Baumdarten Justin Purchin Monique Matta Sara Home Garrett Kmich Michael Passarelli Mayor Romero closed the public comment period. Council discussion ensued during which Council members expressed concern regarding the contents of the bylaws,and suggested that the services of Creative Mediation be used for a mediation process to assist in resolving some of the issues that have arisen. In response to Vice Mayor Mulholland,City Clerk Hooper indicated that,after speaking with one of the Board members,she understood that the most urgent need is for the audio equipment for field production for a cost of approximately$4,000. ACTION: Moved by Mulholland/Carter to: 1.Accept the SLOCOPA Annual Report,with a one-time waiver of the audit requirement. 2)Approve a reduced equipment purchase not to exceed$4,000 for audio equipment for field production. 3)Authortze the City Clerk to release funds for additional equipment if an emergency need should arise. 4)Direct SLOCOPA Board members and producers to make a good faith effort to resolve its issues through a mediation process and to submit revised bylaws that ensure corhforrnity with its Agreement between the City and SLOCOPA; motion carried 5:0. Council recessed from 9:20 p.m.to 9:32 p.m and the meeting reconvened with all members present PUBLIC HEARINGS Council reordered the agenda to consider grants at this time. . BUSINESS ITEMS 3. 2007-2008 HUMAN RELATIONS COMMISSION(HRCT GRANTS-IN-AID(GIA) FUNDING RECOMMENDATIONS. Human Resources Director Irons and HRC Chairperson Stephen Lamb presented the staff report. Public Comments Carol Florence,Vice President of the Board of Directors of Big Brothers and Big Sisters of SLO County,thanked Council and staff for the funding recommendation and discussed the mission of the organkation. Karen Fields.former President of Hot Line,domed the services the Hot Line provides, asked that the contingency requiring approval by the Public Utilities Commission by September 30,2007,be lifted,and asked Council to grant the full request of$10,000 for the implementation of a 211 service. Carl Hansen,Executive Director of the Food Bank Coalition,thanked the HRC and Council for their support. ®mr a ��-s i City Council Meeting Page 6 Tuesday,July 3,2007-6:15 pm. Chula McGregor,past President of Hot Line,explained that the Public Utilities Commission will hold its hearing on September 26,2007,and asked that the contingency be removed. She also asked that the full amount of$10,000 for the implementation of a 211 service be funded. Rave Fleming,Economic Opportunity Commission,expressed appreciation to Council for its support. —end of public commimts— Discussion followed regarding the impacts of removing the contingency on the Hotline of SLO County and funding the full amount of$10,000. While all Council Members supported the removal of the contingency,Vice.Mayor Mulholland and Council Member Carter opposed increasing the grant They spoke in support of the grant application,but referenced the process undertaken by the HRC in making its recommendation and expressed concern about taking action apart from that per. CAO Hamdan clarified that the additional funding of$4,500 for the Hotline would need to come from the General Fund reserves and would be considered a special, one-time allocation for implementing the 211 system. He added that while the contingency for PUC approval may be removed from the recommendation,the contract between the City and Hotline requires the funds to be spent on activities described in the application, in this case to offset a portion of the operating expenses of 211 Hotline during the first year. Therefore,without the PUC approval,Hotline would not incur operational expenses for 211 and the grant money would be returned to the City. ACTION: Moved by Settle/Brown to approve and add a one-time allocation of$4,500 for Hotline of SLO County,for a total grant of$10,000,for implementing the 211 system and removing the contingency to obtain that approval by September 30; motion carried 3:2 (Carter, Mulholland opposed). 4. 2007-08 PROMOTIONAL COORDINATING COMMITTEE(PCC)GRANTS IN AID RECOMMENDATIONS. Principal Administrative Analyst Elke. PCC Chair Kate Norton.and PCC Member John Connor.GIA Subcommittee, presented the staff report. Public Comments None were forthcoming. —end of public comments— Council Members expressed appreciation to the PCC for its new perspective on the Grants4n4Ud (GIA)process this year. ACTION: Moved by Mulholland/Settle to: 1.Approve the 2007-08 GIA allocations and authorize the City Administrative Officer to execute the individual agreements with each graM recipient 2.Approve the revised grant criteria as recommended by the PCC;motion carried 5:0. City Council Meeting Page 7 Tuesday,July 3,2007-6:15 p.m. PUBLIC HEARINGS 1. CONSIDERATION OF ENVIRONMENTAL REVIEW, REZONING.AND,VESTING TENTATIVE TRACT MAP TO CREATE A TOTAL OF 178 LOTS ON APPROXIMATELY 99 ACRES—KING VENTURES,MARGARITA AREA(CITY FILE NO.TR.PD.AND ER 98-06). Deputy Community Development Director Davidson.Senior Planner Ricci and Senior Contract Planner Mary Beatie presented the staff report and responded to questions. Contract Planner Beatie indicated that staff is recommending the following changes be made to the resolution: Condition 28 should be deleted because it is redundant The requirements contained in this condition are also stipulated in condition 65g. (Page 1457 of agenda report.) Condition 66a should be revised to include the words"footprints and patios"at the end of the condition. (Page 1457 of agenda report.) Code Requirement 8 should be deleted because the City's ordinance has been modified to authorize the use of the English system instead of the metric system. (Page 1-162 of agenda reporL) Mayor Romero opened the public hearing. Dave Watson.representing the owners,spoke on behalf of the project and responded to Councirs questions. Gene Nelson,San Luis Obispo,asked that an asbestos dust mitigation plan be implemented to protect the health of nearby residents. Roberta Denrrate.Chumash Village resident,expressed concern regarding the impacts of additional traffic and potential flooding. Steve Seybold.Chumash Village resident,asked staff to take into consideration the concerns that will be raised by Ms.Righetti. Robert Phelps,Chumash Village resident,expressed concern regarding the barbeque smoke and other issues that may adversely impact the health of residents in the area Elizabeth Kyle Riuhetti.representing Chumash Village residents,raised concerns,in part, regarding the potential adverse impact of the project on the health of some the residents, asked that story poles be used to depict the height of the proposed buildings,questioned propertyline setbacks and potential drainage issues,and expressed concern regarding impacts to privacy,natural light,and the viewshed to the east Rath Soto,Sr.San Luis Obispo,discussed the need for a larger drainage ditch behind his property which backs up to the project. Jaimee Frankian.San.Luls Obispo,asked for clarification regarding grading and expressed concern about potential flood and traffic issues. Mayor Romero closed the public hearing. Staff and the developer responded to the comments and questions raised during the public hearing. DRAT 9 C/-7 City Council Meeting - Page 8 Tuesday,July 3,2007-6:15 p.m. Council Members Brown and Settle expressed overall support for the development. Council Member Carter also supported the development, but expressed concern regarding the narrowness of the private street to serve residents in the center of the development.. Vice Mayor Mulholland explained why she did not believe the Planned Development ordinance should be applied to this development and said that she has unanswered concerns related to narrow open spaces,the creeks that will be covered over by trails,the steep slopes,and the amount of grading and slope cuts that will need to be done. Mayor Romero supported the development but expressed concerns related to the size of lots 19 and 21,the steepness of the lots on the north and east parameters,the lots on the south border on the EI Camino property,which will have garages lower than the street, and access by the garbage trucks on the 20-foot roadway. He asked whether the access from the private drive leading to S Street to the affordable housing component can be enlarged to provide for safer access. In response to Mayor Romero,Senior Planner Ricci suggested language for an additional condition No.93 to assure more functional and safe access along the private drive leading from"S"street to the affordable housing component(including in the motion). ACTION: Moved by Carter/Brown to: 1.Introduce Ordinance No.1506(2007 approving the Zone change on the central 11acre portion of the subject property from R-2-SP(Medium-Density Residential,Specific Plan)and C/OSSP (Conservation/Open Space,Specific Plan)to R-2-SP-PD(Medium-Density Residential,Specific Plan,Planned Development)and CIOS-SP-PD (Conservation/Open Space,Specific Plan,Planned Development). 2.Adopt Resolution No.9917(2007 Series),which adopts the Mitigated Negative Declaration,(ER 98-06)and approves the 1710ot revised Vesting Tentative Map No. 2428,based on findings,and subject to mitigation measures,conditions,and code requirements,with the addition of condition No.93 that will assure more functional and safe access along the private drive leading from"S"street to the affordable housing component All lots with frontages along this private drive,which includes Lots 159 and 160,and 165-170,shall be designed with side-loaded garages so that vehicles are not directly backing out into the private drive which shall be a minimum of 24 feet in width; motion carried 4:1 (Mulholland opposed). 2. PROPOSED AMENDMENTS TO THE CITY'S SUBDIVISION REGULATIONS TO INCLUDE AIRSPACE SUBDIVISIONS(TATER 75-07). Council continued this item to the meeting of July 17,2007. 5. 2007 WATER RESOURCES STATUS REPORT. Council continued this item to the meeting of August 14,2007. COUNCIL LIAISON REPORTS Liaison reports were continued until the next Council meeting. COMMUNICATIONS Mayor Romero continued his communication item related to a reimbursement policy to the July 17,2007,Council meeting. UKr a ��-� City Council Meeting Page 9 Tuesday,July 3,2007 6:15 p.m. Council Member Brown expressed appreciation to the local fire crews who assisted in putting out the blaze earlier this week There being no further business to come before the City Council,Mayor Romero adjourned the meeting at 12.04 a.m.to Tuesday,July 17,2007,in the Council Chamber,990 Palm Street,San Luis Obispo. Audrey Hooper City Clerk APPROVED BY COUNCIL: 08121107 LJ C/- 9 ' 1 MINUTES SPECIAL MEETING OF'THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 17,2007—6:15 P.M. COUNCIL HEARING ROOM,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL:. Council Members Present: Council Members Paul Brown, Andrew Carter, Vice Mayor Christine Mulholland and Mayor Dave Romero Absent: Council Member Allen Settle CLOSED SESSION Mayor Romero announced the following Closed Session topic, after which Council adjourned to the 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 City Attorney Lowell reported,during the Regular Meeting, that Council met with its negotiators in the Closed Session. No further reportable action was taken. The Closed Session adjourned at 6:50 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 17,2007-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Andrew Carter, Vice Mayor Christine Mulholland and Mayor Dave Romero Absent: Council Member Allen Settle 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 and IT Director; John Callahan, Fire Chief; Betsy Kiser, Parks and Recreation Director; Doug Davidson, Deputy Community Development Director— � 2 5112 C�-�a City Council Meeting Page 2 Tuesday, July 17, 2007 Development Review; John Webster, Senior Transit Manager; Michael McGuire, Engineer III; Todd Bunte, Golf Course Supervisor CLOSED SESSION REPORT City Attorney Lowell reported that Council met with its Labor Negotiators during the Special Meeting in a Closed Session as indicated above. No further reportable action was taken. ANNOUNCEMENT Mayor Romero announced that there are openings on the Construction Board of Appeals, the Joint Use Committee,and the Parks and Recreation Committee. Interested residents should contact the City Clerk's office at 781-7100 for more information. INTRODUCTIONS Fire Chief Callahan introduced new Firefighters David Marshall, Jason Pratt, and Matthew Polkow. PUBLIC COMMENT Joseph Johnson, San Luis Obispo,asked Council to consider adding drinking fountains and restrooms to Emerson Park. Staff will investigate this request and report.back to Council. Gary Fowler, San Luis Obispo, spoke in opposition to the Nacimiento water project and questioned why other water sources have not been pursued. Sifu Kelvin Harrison, San Luis Obispo,spoke about his continuing concerns related to personal harassment Lisa Kruger, People First of SLO and Consumer Advisory Committee, discussed the goals and purposes of these organizations. Elizabeth Abrahams, San Luis Obispo, Save Our Downtown,asked Council to consider the use of story poles and inserting notices in utility bills to notify residents about developments in the downtown. She also asked Council to take into consideration with the Chinatown project that the Sauer Bakery building and Blackstone Hotel are unmitigatable. Tenn Mohan,San Luis Obispo,spoke in opposition to the Nacimiento pipeline project and suggested that there are other sources for the water. Bob Lucas, San Luis Obispo,asked that the Planning Commission be directed to suspend involvement in environmental reviews of downtown buildings coming in with new heights until there is an ordinance in place to guide them. (Mr. Luca's statement is on file in the City Clerk's office.) Leslie Bearce,San Luis Obispo, expressed appreciation to Council for directing the Board and members of SLO County Public Access to attend mediation in order to resolve issues related to its bylaws and operating policies and procedures. Ron Bearce, San Luis Obispo, concurred with comments made by the previous speaker. ®RAF IF City Council Meeting �� Page 3 Tuesday,July 17, 2007 Joe Abrahams, San Luis Obispo,discussed the importance of giving primary consideration to and providing for public viewing space in the downtown, particularly at the Mission Plaza and adjacent to it. CONSENT AGENDA Vice Mayor Mulholland expressed appreciation to the Rotary Club for its donation to the Jack House(item C7) in honor of Wes Conner, said she will vote no on item C8, and asked that C11 be pulled from the Consent Agenda for separate action. Mayor Romero referred to item C3,which will provide a bike trail that goes from Prado Road almost to Los Osos Valley Road Road. He asked that staff make it a priority in the next.two- year budget to install a bridge for bicyclists inthe area near the freeway on Los Osos Valley Road. He asked that item C5 be pulled for discussion. Lynn Kelley, Rotary Club member and former President, spoke about the Club's partnership with the City on a number of projects. She discussed the Club's desire to honor Jack Connor,who recently passed away,for his contributions to the community. The Club is donating fencing to the Jack House for this reason. Jim_Hoffman,who has managed construction projects for the Rotary Club,added that the new fence will replicate the existing one. ACTION: Moved by Carter/Brown to approve the Consent Agenda,with exception of items CS and C11,as recommended by the City Administrative Officer; motion carried as indicated below. Items C5 and C11 were considered separately. C1. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE 2007. ACTION: Moved by Carter/Brown to designate Mayor Romero as the voting delegate and Vice Mayor Mulholland as the voting alternate to the League of California Cities Annual Conference; motion carried 4:0(Settle absent). C2. ORCUTT ROAD WIDENING PROJECT, SPECIFICATION NO.90521. ACTION: Moved by Carter/Brown to: 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, 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; motion carried 4:0(Settle absent). C3. BOB JONES CITY-TO-SEA TRAIL—SEGMENT#3 SPECIFICATION NO. 90670. ACTION: Moved by Carter/Brown to: 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; motion carried 4:0(Settle absent). � R ' r� City Council Meeting Page 4 Tuesday,July 17, 2007 C4. APPROVAL OF THE FINAL MAP FOR TRACT 2832, 1063 ELLA STREET(TR/ER 129- 05).. ACTION: Moved by Carter/Brown to adopt Resolution No..9918(2007 Series)approving the Final Map for Tract 2832, located at 1063 Ella Street; motion carried 4:0(Settle absent). C5. LOS OSOS VALLEY ROAD REHABILITATION, SPECIFICATION NO.90546. This item was pulled from the Consent Agenda. Mayor Romero discussed his concerns regarding traffic and access issues, between Highway 101 and Froom Ranch Road, when construction work is done in a commercial area during daytime hours. Staff will investigate whether doing night work is an option in this area that can be included in the specifications. Approval by the Community Development Department will be required and impacts on residential uses will be the primary concern. ACTION: Moved by Mulholland/Carter to: 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); motion carried 4:0(Settle absent). C6. INTENTION TO ISSUE TAX EXEMPT BONDS FOR PUBLIC SAFETY DISPATCH CENTER AND RADIO SYSTEM UPGRADE PROJECTS. ACTION: Moved by Carter/Brown to adopt Resolution No.9919(2007 Series) 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; motion carried 4:0(Settle absent). C7. DONATION OF FENCING FOR JACK HOUSE AND GARDENS.. ACTION: Moved by Carter/Brown to: 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; motion carried 4:0 (Settle absent). 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). ACTION: Moved by Carter/Brown to adopt Ordinance No. 1506(2007 Series), 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; motion carried 3:1:0(Mulholland opposed, Settle absent). C9. 2007 EDWARD BYRNE MEMORIALAUSTICE ASSISTANCE GRANT PROGRAM APPLICATION. City Council Meeting Page 5 Tuesday, July 17, 2007 ACTION: Moved by Carter/Brown to: 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;motion carried 4:0(Settle absent). C10. 2007-08 COMMUNITY PROMOTIONS CONTRACTS. ACTION: Moved by Carter/Brown to 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; motion carried 4:0 (Settle absent). C11. HIGUERA STREET PAVING PROJECT FROM MORRO ST.TO NIPOMO ST. SPECIFICATION NO.90684. Vice Mayor Mulholland and Mayor Romero discussed the importance of installing the pavement grid in this project, as mentioned in alternative C; and asked that this be included in the motion, with direction to use General Fund Reserves for the additional cost. Council Member Carter concurred. ACTION: Moved by Mulholland/Carter to: 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. The motion included the installation of the pavement grid as indicated in alternative C and authorized the use of General Fund Reserves for the added costs; motion carried 4:0 (Settle absent). 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) Deputy Community Development Director—Development Review Davidson presented the staff report. He and Community Development Director Mandeville responded to questions. Mayor Romero opened the public hearing. Sheryl Flores, San Luis Obispo,spoke in support of the proposed amendments because of the increased opportunities they will provide for more affordable housing. Tenn Mohan,San Luis Obispo, said he opposed the-amendments if they can be used for new development in the downtown,such as Garden Street or Chinatown, but supported them if they are limited to affordable housing and reduced housing costs. Mayor Romero closed the public hearing. Council Members Carter and Brown,and Mayor Romero spoke in support of the amendments. PAr e /--�� i City Council Meeting Page 6 Tuesday, July 17, 2007 Vice Mayor Mulholland expressed concern for the same reasons raised by Mr. Mohan. She stated,for the record,that she will vote in favor of the recommendation, but is not completely comfortable with the concept and the way in which it could be used with large projects coming down the road. ACTION: Moved by Brown/Carter to: 1. Introduce Ordinance No. 1507(2007 Series) adopting 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; motion carried 4:0(Settle absent). 2. TENTATIVE TRACT MAP PROPOSAL FOR A TEN-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT(625 TORO STREET,TRIER-176-05). Deputy Community Development Director—Development Review Davidson presented the staff report. Mayor Romero opened the public hearing. Ernie Kim, Architect and Applicant's representative,discussed the history and design of the project Mayor Romero closed the public hearing. Council_Members Carter and Brown, and Mayor Romero spoke in support of the project. Vice Mayor Mulholand asked that consideration be given to adding the word "pervious"to Architectural Review Commission Condition 5,and that the words "and Demolition"be added to Code Requirement 14. The applicant indicated he would work with staff and take these concerns into consideration. However, there was not consensus to make these changes. ACTION: Moved by Carter/Brown to adopt Resolution No.9920(2007 Series) approving a tentative tract map and Mitigated Negative Declaration of environmental impact for a ten-unit residential condominium development located at 625 Toro Street(TRIER 176-05); motion carried 4:0(Settle absent). 3. REQUEST FROM BEACH CITIES TAXI CAB COMPANY TO INCREASE THEIR PER MILE FEE. Deputy Director Public Works Director Bochum presented the staff report. He and Transit Manager Webster responded to questions. Mayor Romero opened the public hearing. None were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Carter to adopt Resolution No.9921 (2007 Series) 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 11"' meeting; motion carried 4:0(Settle absent). rz c/is 1 City Council Meeting _ Page 7 Tuesday, July 17,2007 Council recessed from 8:50 p.m.to 9:00 p.m.and the meeting reconvened with all members present. BUSINESS ITEMS 4. LAGUNA LAKE GOLF COURSE HOLE NO.3 RELOCATION, SPECIFICATION NO. 90657. City Engineer Lynch introduced Engineer III McGuire,who presented the staff report. Gary Linn, Design Consultant,discussed industry standards and explained why he believes the holes have been overshot intentionally. He also explained how the distance issues have been addressed and noted the large buffer that was created. He, Engineer III McGuire and Golf Course Supervisor Bunte responded to questions. Public Comments Carolyn Smith,San Luis Obispo,explained why she disagreed with the staff recommendation, and suggested that the green should be moved back an additional 36 feet Tina Liebscher, San Luis Obispo, said that her son was hit in the head by a golf ball three weeks ago. She proposed that the hole remain at the same length, but that the green should be moved back and the sand bunker located behind the green. Carey Herlihy, San Luis Obispo, noted the increase in golf balls landing in front yards during the past five years and supported moving the green as far back as possible. —end of public comments— Vice Mayor Mulholland suggested that if safety is the greatest concern,a net should be installed. However, because she did not think the neighbors would support a net and because she did not want the project redesigned,she would support staff's recommendation. Council Members Brown and Carter concurred with staff's recommendation. Mayor Romero spoke in support of keeping the hole the same length, but relocating the green as far from the property line as possible. ACTION: Moved by Mulholland/Carter to: 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; motion carried 3:1:0(Romero no, Settle absent). 5. PRADO ROAD INTERCHANGE PROJECT MANAGEMENT: DIRECTION FROM COUNCIL. City Administrative Officer Hampian made some introductory and closing comments,and Assistant City Administrative Officer Stanwyck presented the staff report. They, Finance Director Statler, City Attorney Lowell and Community Development Director Mandeville responded to Council's questions. �i City Council Meeting Page 8 Tuesday, July 17,2007 Public Comments The following people spoke in opposition to Council assuming project management responsibility for the Prado Road Interchange project: Gene Nelson, San Luis Obispo Jan Hall Marx,San Luis Obispo(Statement on file in the City Clerk's office.) Mila Vuiovich-LaBarre. San Luis Obispo Michael Morris, Attorney for Dalidio family, said that the developer is prepared to discuss an arrangement to secure bonding similar to the one the developer had with the City in 2004. Victor Montgomery representing Dalidio family,explained why he believes that it is time for Council to take action and the need to find a solution to the interchange problem at this time. Terry Mohan and Gary Folwer, San Luis Obispo, said they did not think an overpass is needed at this time. Alan Thomas, San Luis Obispo, spoke in suport of the staff report and analysis. Dou4las Gerlard, San Luis Obispo, suggested that a traffic analysis should be done to determine whether the Prado Road interchange is necessary and the interchanges would be too close together. Charles Haley,San Luis Obispo,asked that the overpass not be delayed because there is an immediate need for it and because costs will increase with a delay. Russell Brown,San Luis Obispo, urged Council to proceed thoughtfully and follow benchmarks identified by staff. —end of public comments— Council-Member Brown discussed the need for the interchange, said he would like to see the owner guarantee bonds,and expressed his hope that the County will release to the city revenue it receives from the Dalidio development such as sales and property taxes,and transient occupancy taxes,to be used for the interchange. Council.Member Carter explained why he thinks it is premature for the City to take on the project management role for the interchange. He suggested that the City should first enter into negotiations with the County and developer to address the City's fiscal concerns related to the interchange. Vice Mayor Mulholland expressed concern about the effect the cost of an interchange project will have on the City's General Fund,explained why she believed the County should facilitate this project,and stated her support of the CAO recommendation. Mayor Romero spoke of the long-range need for an interchange, concurred that the City should not be the project managers for the interchange at this time,discussed the importance of keeping negotiations open,and said that he supports the CAO recommendation. Vice Mayor Mulholland moved,and Mayor Romero seconded,to approve the staff recommendation. However,following Council Member Carter's indication that he would like to make a separate motion regarding negotiations, Mayor Romero withdrew his second and no action was taken on this motion. D-YRAr a C//7 City Council Meeting `" Page 9 Tuesday, July 17, 2007 ACTION: Moved by Carter/Brown not to assume project management responsibility at this time, but to enter into formal negotiations with the developer and County with the intent of developing a financial arrangement that is beneficial to City residents and provides a pathway for annexation of the property into the City; motion carried 3:1:0(Mulholland opposed, Settle absent). CAO Hamaian explained that staff needs direction regarding who will represent the City during the negotiations, and discussed the need to bring someone on board with professional expertise related to the interchange issues. Mayor Romero and Council Members Brown and Carter spoke in support of having two Council representatives serving with staff on a subcommittee to negotiate with the County and developer. Vice Mayor Mulholland spoke to the benefits of having only one Council Member represent the City in negotiations, suggested Council Member Carter be that representative, and volunteered to serve if Council decided to appoint two representatives. ACTION: Moved By Brown/Carter to appoint Council Member Carter and Mayor Romero as a subcommittee to represent the Council during the negotiations related to the Prado Road interchange project; motion carried 3:1:0(Mulholland opposed, Settle absent). In response to CAO Hamaian. Council concurred that staff could use the professional services of Economic Advisory Allan Kotin to assist with this matter. COUNCIL LIAISON REPORTS Vice Mayor Mulholland,as representative to the Integrated Waste Management Authority, reported on the household hazardous waste options for residents. Mayor Romero reported on the June 28'h Performing Arts Center meeting. COMMUNICATIONS Council Member Carter congratulated the Parks& Recreation Department, and City, on the addition of the new therapy pool. Mayor Romero requested,and Council concurred, to direct staff to develop a policy that provides added guidelines and, potentially,different time standards(based on development size)associated with reimbursement agreements for infrastructure improvements"fronted" by developers. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:15 p.m.to Tuesday, August 14,2007, in the Council Chamber,990 Palm Street,San Luis Obispo. Audrey Hooper City Clerk APPROVED BY COUNCIL: 08/21/07 DRAr a c�i�