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HomeMy WebLinkAbout09/06/2005MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 06, 2005 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Allen K. Settle, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Deborah Linden, Police Chief; Jay Walter, Public Works Director; Paul LeSage, Parks and Recreation Director; Tim Bochum, Deputy Director Public Works; Tyler Corey, Associate Planner; Doug Davidson, Housing Programs Manager; Barbara Lynch, City Engineer; Neil Havlik, Natural Resources Manager. Mayor Romero called for a moment of silence in recognition of the victims of Hurricane Katrina. He announced that donations can be made to the American Red Cross, United Way, and the Salvation Army. Council Member Mulholland added that Heritage Oaks Bank will match contributions accepted at the bank. Mayor Romero presented a proclamation to Mal Towery, Area Agency on Aging, recognizing September as "Suicide Prevention" month. Mr. Towery spoke briefly on suicide prevention and invited citizens to attend a forum on September 27th at the Board of Supervisors Chamber. Mayor Romero presented a proclamation recognizing the passing of San Luis Obispo's first City Administrator, Richard Miller, to Mr. Miller's sons Barry and Brian Miller. The proclamation highlighted Mr. Miller's many contributions during his 27 years of service to the community. Other presentations and remarks commending Mr. Miller were made by CAO Hampian and former Mayor Ken Schwartz. PUBLIC COMMENT Miranda Leonard. Environmental Education Coordinator with ECO SLO, spoke about Coastal Cleanup Day, which will be held on Saturday, September 17th from 9:00 a.m. until noon. She invited participation in the clean -up efforts at beaches from San Simeon to Oso Flaco Lake. Brian Reynolds, City/County Library Director, discussed the events that will take place during the month -long celebration of books, reading and the Library. He announced that the Library is now offering down - loadable audio books. City Council Meeting Tuesday, September 6, 2005 - 7:00 p.m. Page 2 Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. CONSENT AGENDA Mayor Romero stated that he has a conflict of interest because of the proximity of his residence to Bowden Ranch (Item C10) and Johnson Avenue/Ella Street (Item C-12). He also stated that he will vote against Item C -11 (Amendment to Chapter 9.30 of the Municipal Code) because he philosophically opposes this action. In response to Vice Mayor Ewan's inquiry regarding Item C6 (San Luis Obispo Little Theatre Lease Renewal), Assistant CAO George discussed the value of the lease as referenced in a red file item (on file in the City Clerk's office). Council Member Mulholland stated that she will vote against Items C3 (Prezoning - Gearhart/McBride Site) and C9 (Airport Area Specific Plan). Council Member Settle stated that he will vote against Item C11 (Amendment to Chapter 9.30 of the Municipal Code) ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as amended. See below for votes. C1. MINUTES OF TUESDAY, AUGUST 16. 2005.. REGULAR MEETING AND TUESDAY AUGUST 23.2005 ADJOURNED REGULAR MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as amended in a memorandum from the City Clerk (on file in the City Clerk's office) presented; motion carried 5:0. C2. ACTION: Moved by Settle(Mulholland to approve a Request for Proposals (RFP) for operation and maintenance services for San Luis Obispo Transit for FY 2006 -07 through FY 2011 -12; motion carried 5:0. C3. ADOPTION OF AN ORDINANCE PREZONING VARIOUS PARTS OF THE GEARHART/MC BRIDE ANNEXATION SITE AT 1413 CALLE JOAQUIN (R 237 -04). C4. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1478 (2005 Series) which prezones about 12.7 acres of the property as C -S, Service- Commercial and prezones about 12.9 acres as C /OS -20, Conservation/Open Space with a 20 -acre minimum parcel size to match the approved Land Use Element Map designations; motion carried 4:1 (Mulholland opposed). ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1479 (2005 Series) amending the zoning map designation from Low Density Residential with the City Council Meeting Page 3 Tuesday, September 6, 2005 - 7:00 p.m. Special Considerations overlay zone (R -2 -S) for 499 Brizzolara Street, based on findings; motion carried 5:0. C5. FINANCIAL ADVISOR AND BOND COUNSEL SERVICES. ACTION: Moved by Settle/Mulholland to 1. Extend current agreements with the City's financial advisor (Fieldman Rolapp) and bond counsel (Jones Hall) until the completion of the 919 Palm parking/office project financing. 2. Authorize the CAO to issue requests for proposals (RFP) for financial advisor and bond counsel services upon completion of the 919 Palm parkingloffice project financing, and to award contracts to the best overall proposers; motion carried 5.0. C6. ACTION: Moved by Settle/Mulholland to approve a new lease agreement between the City of San Luis Obispo and the San Luis Obispo Little Theatre (SLOLT) for lease of property at 888 Morro Street; motion carried 5.0. C7. ARCHITECTURAL REVIEW COMMISSION BYLAWS AMENDMENTS. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9730 (2005 Series) amending the Bylaws of the Architectural Review Commission; motion carried 5:0. C8. MONTEREY STREET PAVING PROJECT, SPECIFICATION_ NO. 90596. ACTION: Moved by Settle/Mulholland to 1) Approve plans and specifications for the Monterey Street Paving Project, Specification No. 90596; 2) Authorize staff to advertise for bids in time for April 2006 construction and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of $150,000 including $15,000 for water system improvements and $7,000 for collection system improvements. 3) Appropriate $16,500 and $7,700 from the water and sewer fund working capital, respectively, to fund this project; motion carried 5.0. C10. PREZONING FOR THE AIRPORT AREA SPECIFIC PLAN: SP 116 -98. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1481 (2005 Series); motion carried 4.1 (Mulholland opposed). ACTION: Moved by Settle/Mulholland to authorize the Vice Mayor to execute on behalf of the City of San Luis Obispo a deed that grants to Bowden Ranch Partners, LP, successors in interest to Bowden Ranch Partners, JV (original grantors of the conservation easement to the City) that portion of the original conservation easement that was mistakenly included in the property description in 2001 and should not be subject to the Conservation Easement. In addition, Council authorized the Vice Mayor and staff to take any additional steps necessary to effectuate correction of the conservation easement; motion carried 4:0:1 (Romero recused). City Council Meeting Tuesday, September 6, 2005 - 7:00 p.m. Page 4 C11. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9.30 OF THE MUNICIPAL CODE (PUBLIC NUDITY) LIMITING THE APPLICATION OF THE CHAPTER TO TIME PERIODS TO BE SPECIFIED BY CITY COUNCIL RESOLUTION. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1480 (2005 Series); motion carried 3:2 (Romero /Settle opposed). C12. TRACT 2570— CONTRIBUTION FOR TRAFFIC SIGNAL INSTALLATION FOR THE INTERSECTION OF JOHNSON/ELLA. ACTION: Moved by Settle/Mulholland to authorize the Director of Public Works to accept payment of $100,000 for the installation of a traffic signal at the intersection of Johnson/Ella in lieu of undergrounding miscellaneous above ground utilities along Johnson Avenue; motion carried 4:0:1 (Romero recused). PUBLIC HEARINGS EXPENDITURE PLAN FOR 2005 -06 STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS. Police Chief Linden presented the staff report. She discussed the requirement that Council approve the use of the Supplemental Law Enforcement Services Funds at a public hearing, as well as how the funds will continue to be used. Mayor Romero opened the public hearing. No public comments were forthcoming and he closed the public hearing. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9731 (2005 Series) approving an expenditure plan for $100,000 from the 2005 -06 State Supplemental Law Enforcement Services Funds (SLESF) to continue funding the salary and benefits for a Police Field Services Technician and a Communications Technician; motion carried 5:0. 2. MODIFICATION OF-THE LOS OSOS VALLEY ROAD /US 101 INTERCHANGE PROJECT SUB -AREA TRANSPORTATION IMPACT FEE. Deputy Public Works Director Bochum presented the staff report. He displayed a map of the area subject to the fee and discussed assumptions on which the original fee was based, as well as the reasons for proposing a modification to the fee. He referenced a red file item (on file in the City Clerk's office) correcting the calculations for four fee categories and noted the corrected fee amounts. Mayor Romero opened the public hearing. Staff responded to Bill Thoma's request for clarification as to how the fees would apply to prior annexations. Mayor Romero closed the public hearing. Council Member Mulholland expressed concern that the City's estimated costs for the interchange are too low. She also expressed concern that new developments won't pay their fair share and that she thought the fees should be set higher from the start. City Council Meeting Page 5 Tuesday, September 6, 2005 - 7:00 p.m. Deputy Public Works Director Bochum responded to Council's questions. ' ACTION: Moved by Settle/Ewan to adopt Resolution No. 9732 (2005 Series) amending the City's Los Osos Valley Road/US 101 interchange Sub Area Fee Program; motion carried 4:1 (Mulholland opposed). 3. GENERAL PLAN CONSISTENCY DETERMINATION FOR A PROPOSED 7 -UNIT DETACHED APARTMENT PROJECT LOCATED IN THE R -4 ZONE, 1231 LAUREL LANE (ARC 180 -04). Community Development Director Mandeville commenced the presentation. He discussed the reasons why staff brought this project to Council using the appeal process. Associate Planner Corey provided an overview of the project, following which Housing Programs Manager Davidson discussed trends in the housing market and the applicant's reasons for wanting a detached development. Mayor Romero opened the public hearing. Cathy Novak, representing the applicant, explained why she believes the project is consistent with the Land Use Element of the General Plan. She discussed building constraints and increased costs for attached units that would be incurred as a result of construction liability. Tim Woodle, Architect, discussed liability issues associated with attached buildings and explained why insurance carriers strongly discourage the development of attached condominiums. Bill Thoma, San Luis Obispo, concurred and said that he would not build attached condominiums because of insurance problems. He also said that this is an industry-wide problem. Mayor Romero closed the public hearing. Council Members Settle, Brown, Vice Mayor Ewan and Mayor Romero spoke in support of denying the appeal and upholding the project. Council Member Muholland explained that when the applicant came before the Council for a rezoning, Council made it clear that it expected attached housing to be developed on the site. She expressed concern regarding the height and size of the proposed units and the lack of open space. She supported Council's original request for smaller, more affordable, high quality units that would not require setback exceptions. She supported Council looking at the Land Use Element Policy related to R-4 zoning and changing the "should" to "shall" in that section. There was no consensus to change the language from "should" to "shall." ACTION: Moved by Settle/Ewan to adopt Resolution No. 9733 (2005 Series) denying the appeal of the Architectural Review Commission's Action, thereby approving a 7- unit, detached apartment project in the R -4 Zone for property located at 1231 Laurel Lane (ARC 180 -04); motion carried 4:1 (Mulholland opposed). Council recessed from 8:30 to 8:45 p.m. City Council Meeting Page 6 Tuesday, September 6, 2005 - 7:00 p.m. BUSINESS ITEMS 1 4. LAGUNA LAKE DREDGING: FURTHER REVIEW OF "INCREMENTAL" OPTIONS AND DIRECTION. City Attorney Lowell explained that this item is a continuation of an item considered previously. At that time, because Council Members Brown, Settle and Mulholland had a conflict of interest, Council Member Brown was selected to participate in the discussion. He will continue to participate at this time and Council Members Settle and Mulholland will recuse themselves. Council Members Settle and Mulholland left the Council Chamber at this time. City Engineer Lynch commenced the presentation with a recap of the questions and issues raised at the Study Session held previously. She discussed the various types of equipment that are used in dredging processes and described the project. She said staff is recommending Council authorize the completion of the environmental study. She responded to questions throughout the presentation. CAO Hampian said staff is recommending proceeding with the environmental review based on the most aggressive incremental option so that bases are covered. Staff is also recommending that, during the period of time when that additional environmental review is being completed, additional incremental options be developed. Further, staff recommends considering this project in the context of the 2007 -09 goal- setting process. Public Comments Dave Dawson, San Luis Obispo, distributed and discussed drawings depicting his concerns related to funding. He urged Council to begin the permit process to clear a channel from Los Osos Valley Road to the lake. Jim Foley, San Luis Obispo, asked that this process not come to a standstill because of a lack of funds and asked Council to proceed with the ultimate goal of dredging the lake. Michael Hesser, San Luis Obispo, suggested Council consider a corporate sponsorship for the lake and suggested the silt could be sold or traded. Brett Cross, San Luis Obispo, urged Council to consider the most aggressive project possible, include clearing the Prefumo Creek arm. He suggested that an additional 1/4 cent sales tax for specific projects, including this one, may be possible, or that a Citywide assessment district, with a special assessment for residents along the lake, may be feasible to raise funds for this purpose. Robert Johnson, San Luis Obispo, urged Council to proceed and concurred with a possible sales tax increase or special services district for this purpose. Arnold Ruiz, San Luis Obispo, suggested consideration should be given to draining the lake before it is dredged, using the silt elsewhere and building a culvert from the Prefumo Creek arm to the bridge, letting silt fill in on the other side of the bridge. Sally Erwin, San Luis Obispo, suggested this project be presented to the Cal Poly Engineering School for a possible solution. City Council Meeting Tuesday, September 6, 2005 - 7:00 p.m. Page 7 —end of public comments — Natural Resource Manager Havlik and City Engineer Lynch responded to questions and suggestions. Council Member Brown supported proceeding with the environmental review and looking at dredging options. Vice Mayor Ewan also supported proceeding with the environmental review and obtaining cost information. He spoke of the need to address storm water and environmental issues. Mayor Romero said the environmental review should take into consideration the worst case scenario, and should include the possibility of putting some fill in the peninsula, and drying and disposing of fill on the adjacent open space. He asked staff to continue looking at providing a different drainage system that doesn't rely on pumps to function. ACTION: Moved by Ewan/Brown to continue to pursue a possible Laguna Lake dredging project by: 1. Directing staff to work with the consultant to complete the environmental review of a conceptual ongoing project, as outlined in the Discussion section of this report; and 2. Further developing the incremental options, including more detailed cost and funding options in time for consideration during the 2007 -09 Financial Plan goal setting process. The motion also included direction that the environmental review should take into consideration the possibility of depositing and drying materials on the adjacent open space and filling in the peninsula, as well as looking at ways to open up the Prefumo Creek arm as it enters the lake. Motion ' carried 3:0:2 (Mulholland/Settle recused/absent). Council Members Mulholland and Settle returned to the Council Chamber at this time. 5. RELOCATION OF PUBLIC ART BENCHES. Assistant Chief Administrative Officer George presented the staff report. She provided a background of the "Community Bridge" project, displayed photographs and a schematic, and discussed the request from Copeland's to not re- install the benches on Higuera Street, but to place them at Mitchell Park. She also reviewed Council's options. Public Comments Mark Rawson, Copeland's Properties, spoke in support of moving the benches and referenced a letter from the artist supporting the Mitchell Park location. --end of public comments— Council discussion ensued during which Vice Mayor Ewan opposed moving the benches because they were a public art project designed specifically for the space which they initially occupied. He also said he had concerns regarding the precedent- setting impact this decision might have on future public art projects. He stressed that if the benches are moved, Copeland's should have the responsibility to replace the public art in that location. ACTION: Moved by Brown/Settle to conclude that the Mitchell Park location is not appropriate and direct Mr. Rawson to pursue the feasibility of better alternative locations and return to Council by December 31 st with other proposed options; motion carried 4:1 (Ewan opposed). City Council Meeting Tuesday, September 6, 2005 - 7:00 p.m. Page 8 COUNCIL LIAISON REPORTS I Mayor Romero reported on his attendance at the August 25th meeting of the Nacimiento Project Commission. His report is on file in the City Clerk's office. Council Member Mulholland reported on her attendance at the August 17th special meeting of the County Water Resources Advisory Committee and at the Tree Committee meeting on August 22nd. Council Member Brown reported that the Economic Vitality Corporation (EVC) has hired a new Director, Michael Manchak. He talked about the various fund - raising committees formed by the EVC. COMMUNICATIONS Vice Mayor Ewan discussed a recent "Turf Tour" with members of the Parks & Recreation Commission, during which they visited four sites, saw several different brands and types of installation of artificial turf, and spoke with coaches and players. He said the feedback received was positive. Vice Mayor Ewan stressed that, in addition to governmental preparedness, all citizens must be prepared for a cataclysmic disaster. A brief discussion ensued on this subject. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at.10:55 p.m. to Tuesday, September 20, 2005, at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. A City BY COUNCIL: 09/20/05 r-, LJ