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HomeMy WebLinkAbout10/18/2005MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 18, 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 and Mayor Dave Romero Absent: Vice Mayor Ewan City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; John Mandeville, Community Development Director; Monica Irons, Human Resources Director; Bill Statler, Finance Director; Jay Walter, Public Works Director; Doug Davidson, Housing Programs Manager; Todd Beights, Parks Urban Forest Supervisor; Bill Roth, Planning Intern; and Ron Combs, City Arborist INTRODUCTIONS Community Development Director Mandeville introduced Brian Leveille as a new Planning Technician. Mayor Romero presented a proclamation recognizing Gloria L. Velasquez as 2006 Poet Laureate of the Year. Ms. Velasquez read a poem entitled "Black Shoes," written for her brother who lost his life in the Viet Nam war. Finance Director Statler presented an Award for Excellence in Financial Reporting to Carolyn Dominguez, Finance Manager. Al. APPOINTMENT RECOMMENDATION TO THE CULTURAL HERITAGE COMMITTEE. Council Member Brown reported on this item, noting Dan Carpenter's qualifications. ACTION: Moved by Brown/Mulholland to appoint Dan Carpenter to fill an unexpired term beginning October 24, 2005, and expiring on March 31, 2007; motion carried 4:0 (Ewan absent). 1 _ City Council Meeting Tuesday, October 18, 2005 - 7:00 p.m. Page 2 PUBLIC COMMENT Per Mathiesen, San Luis Obispo, displayed photos of a portion of Prefumo Canyon Road and discussed his concerns regarding its lack of maintenance. Mayor Romero asked staff to investigate this matter. Sifu Kelvin Harrison, San Luis Obispo, discussed his continued concerns regarding harassment, as well as incidents involving his daughter. Bryan Esterly introduced himself and Am! Lamontagne and Ashley Francis - Sessel, representing CalPoly's ASI Executive Staff and members of its Community Relations Board. Chuck Crotser, Cultural Heritage Commission Chair, acknowledged Mr. Carpenter's appointment to the Commission. He also expressed appreciation to staff members Melissa Ellsworth and Betsy Kiser for their two -year involvement in the "Trout about Downtown" fundraising project, which raised proceeds for the Prado Day Center. CONSENT AGENDA ACTION: Because of Vice Mayor Ewan's absence and Mayor Romero's need to abstain, it was moved by Brown/Settle to continue Item C4 to the meeting of November 1, 2005; carried 4:0 (Ewan absent). Moved by Settle/Mulholland to approve the Consent Agenda as recommended by the City Administrative Officer, with the exception of Item C4; motion carried 4:0 (Ewan absent). C1. APPROVE MINUTES OF OCTOBER 4.2005, REGULAR MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as amended (see memo on file in the City Clerk's office); motion carried 4:0 (Ewan absent). C2. ORDINANCE IMPLEMENTING RETIREMENT AMENDMENTS AND PRE - RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT FOR FIRE SAFETY EMPLOYEES. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1482 (2005 Series) which implements retirement amendments and Pre - Retirement Optional Settlement 2 Death Benefit for Fire safety employees; motion carried 4:0 (Ewan absent). C3. EL CHORRO REGIONAL PARK LIGHTED SOFTBALL FIELDS, SPECIFICATION NO. 90269. C4. ACTION: Moved by Settle/Mulholland to 1. Approve the plans and specifications for "El Chorro Regional Park Lighted Softball Fields ", Specification No. 90269. 2. Authorize Staff to advertise for bids and authorize the CAD to award the contract if the lowest responsible bid is within the Engineer's Estimate of $346,000; motion carried 4:0 (Ewan absent). PROJECT, AT 1636 WOODLAND DRIVE (TE 11 -01). ACTION: Moved by Brown/Settle to continue Item C4 to the meeting of November 1, I 2005; carried 4:0 (Ewan absent). City Council Meeting Page 3 Tuesday, October 18, 2005 - 7:00 p.m. C5. REQUEST FOR PROPOSALS: COST OF SERVICES STUDY. ACTION: Moved by Settle/Mulholland to 1. Approve issuing a request for proposals (RFP) for preparation of a comprehensive cost of services study. 2. Authorize the CAO to award the contract if the best overall proposal is within the approved budget of $47,500 for this project; motion carried 4:0 (Ewan absent). PUBLIC HEARINGS CONSIDERATION OF THE HUMAN RELATION COMMISSION'S (HRC) RECOMMENDED PRIORITIES FOR THE 2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS -IN -AID (GIA) PROGRAM. Housing Programs Manager Davidson presented the staff report. He explained that the ranked priorities for CDBG funding were the same as last year, with one minor modification to the language related to economic development, and that the priorities for non - ranked GIA funding also remained the same with, one minor modification to the language related to supportive health services. Mayor Romero opened the public hearing. Lillian Judd, Economic Opportunity Commission, spoke in support of the HRC recommendations and asked Council to accept the priorities. Chuck Crotser spoke on behalf of the Cultural Heritage Commission (CHC) and as a past member of the Friends of the Adobe. He expressed concern regarding the adobes and asked, especially, that the City provide funding to maintain and perform short -term, minor rehabilition of the the Butron and La Loma Adobes. Bob Vessely, San Luis Obispo, concurred with Mr. Crotser's comments. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Brown to: 1. Approve the CDBG funding priorities (ranked) for the 2006 program year, as recommended by the HRC. 2. Approve the GIA funding priorities (unranked), for the 2006 program year, as recommended by the HRC; motion carried 4:0 (Ewan absent). 2. APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST (1250 PALM STREET). Public Works Director Walter commenced the presentation, following which Parks and Urban Forest Supervisor Beights displayed a location map and photographs of the tree, and explained that the Tree Committee could not make findings for the removal of the tree. Jim Lopes, Chair of the Tree Committee, discussed the Tree Committee's review of this request and its recommendation. Mayor Romero opened the public hearing. Michael Dubin, appellant, displayed and discussed photographs (on file in the City Clerk's office) supporting his concerns that the tree is a safety hazard. He explained why he disagreed with the City Arborist's findings and the Tree Committee's action. City Council Meeting Tuesday, October 18, 2005 - 7:00 p.m. Page 4 Mayor Romero closed the public hearing. 1 In response to Mayor Romero, Mr. Dubin explained why CalPoly is not interested in relocating the tree. A brief discussion followed, during which staff responded to questions. 3. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9739 (2005 Series) denying the appeal of the Tree Committee's decision to deny the removal request at 1250 Palm Street; motion carried 4:0 (Ewan absent). AP -PC) Community Development Director Mandeville introduced Planning Intern Roth, who presented the staff report. He displayed and discussed photographs depicting the site in question, as well as the surrounding area, and reviewed the recommendation. Mayor Romero opened the public hearing. The following speakers opposed the Home Occupation Permit Their concerns included limited -on- street parking, traffic issues and accidents that have occurred in the area, the potential for frequent customer access to the site and other characteristics of the business which would adversely impact the neighbors and their efforts to upgrade the neighborhood. It was stressed that the home occupation is not the concern, but rather that this type of occupation generates visitors. They asked if Council approves the permit, to include conditions they presented at the meeting (on file in the City Clerk's office). Robert and Gini Griffin, appellants, San Luis Obispo David Kuvkendall, San Luis Obispo Mary Ellen Gibson, San Luis Obispo Mark Johnson, San Luis Obispo Steve Hopkins, San Luis Obispo Ursula Bishop. San Luis Obispo Eric Meyer, San Luis Obispo Michael Gunther, San Luis Obispo Darcy McKinney, applicant and San Luis Obispo resident, discussed her proposal, including the availability of parking on site, and assured Council that she sees only two to three clients a day between the hours of 10:00 a.m. and 5:00 p.m. She referred to a petition signed by more than 50 neighbors in support of her permit. Michael Cripe, San Luis Obispo, owner of the duplexes on Johnson Avenue and Pismo Street, spoke in support of the Home Occupation Permit and explained that other renters may result in increased impact on the parking and traffic since Ms. McKinney is renting both units and has only one vehicle. Andrea Wohlgemuth, CalPoly student, spoke in support of the Home Occupation Permit. She discussed the number of cars and trips CalPoly students would make to the residence if they resided in the duplex. Throughout the public hearing, staff responded to questions raised by Council Members. City Council Meeting Page 5 Tuesday, October 18, 2005 - 7:00 p.m. Mayor Romero closed the public hearing. Council Member Brown spoke in support of the CAO recommendation. Council Member Settle said that he would oppose the CAD recommendation for the reasons stated by the neighbors. Council Member Mulholland spoke in support of the permit, as well, but suggested that the conditions requested by the neighbors should be incorporated in the approval of the permit. Mayor Romero also spoke in support of the permit. Council discussion ensued, during which additional conditions were agreed upon as reflected in the motion. In response to Council's questions regarding added conditions, Ms McKinney explained that she was amenable to limiting the work days to Monday through Friday, excluding weekends and holidays, with a start time of 10:00 a.m. However, she expressed concern about an end time of 3;00 p.m. She was agreeable to a 5:00 p.m. end time. She was also agreeable to other conditions Council considered imposing. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9740 (2005 Series) denying the appeal, and upholding the Planning Commission's action to approve the Home Occupation Permit for massage therapy, based on findings, and subject to the following additional conditions: 1) the business will be limited to three 1 customers a day; 2) hours of operation will be limited to Monday through Friday, except for Federal holidays, on which no business will be conducted; 3) hours of operation will be from 10:00 a.m. to 5:00 p.m.; 4) on -site customer parking will be prohibited, clients will be directed to park on the street; and 5) a review of the permit will be conducted in one year; motion carried 3:1 (Settle opposed, Ewan absent). COUNCIL LIAISON REPORTS Mayor Romero reported on the Performing Arts Center Commission meeting on October 6, 2005. He also reported and Council commented on his attendance at the San Luis Obispo Council of Governments (SLOCOG) meeting held on October 5, 2005. (Written reports are on file in the City Clerk's office.) He and Council Member Mulholland reviewed the League of California Cities' last- minute action in support of Proposition 76 ( "Live Within Our Means" Measure) at the League Conference last week He attended the Mayors' meeting last Friday, the Community 2050 Workshop last Saturday, and the Board of Supervisors meeting today related to the City's Sphere of Influence, and reported on these events. Council Member Mulholland reported on her attendance last Saturday at the Basic Young Tree Workshop held by City staff. She also reported on her attendance at the Green Festival, followed by the Open House at the Fire Station Saturday afternoon. COMMUNICATIONS Council Member Mulholland commented on her concerns related to the infill development at 1922 Johnson Street, as well as residents' concerns regarding a proposed infill development on Del Mar Court In particular, she was concerned that the City's Housing Element, and the encouragement and general desire to promote infill housing, may conflict with the City's City Council Meeting Tuesday, October 18, 2005 - 7:00 p.m. Page 6 policies that represent neighborhood wellness. She asked that the Council place the discussion of these concerns on a future agenda. Community Development Director Mandeville responded that the proposal for Del Mar Street has not been acted on yet by the ARC, and that residents in the Del Mar neighborhood will have an opportunity to provide input on that proposal. He referenced the General Plan policies and zoning standards that require compatibility between new and existing development. He discussed mechanisms in place to ensure that Council Member Mulholland's concerns are addressed. CAO Hampian reported on the notification methods and said that staff will provide Council with a memorandum outlining these methods. Council Member Mulholland withdrew her initial request in light of the forthcoming memorandum. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:45 p.m. to Tuesday, November 1, 2005, at 6:30 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey He City Clerk APPROVED BY COUNCIL: 11/01/05 1