HomeMy WebLinkAbout08/01/2006MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 1, 2006 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, John Ewan, Christine Mulholland,
Vice Mayor Allen Settle and Mayor Dave Romero
City Staff:
Present: Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly
Stanwyck, Assistant City Administrative Officer; John Mandeville,
Community Development Director; Jay Walter, Public Works
Director; Tim Bochum, Deputy Public Works Director; Austin O'Dell,
Transit Manager; Phil Dunsmore, Associate Planner; Jaime Hill,
Associate Planner
Public Works Director Walter introduced new Public Works employees David Spiegel -
Engineer I, Design; Jeff Kline - Maintenance Worker II, Streets; and Rob Livick - Supervising
Civil Engineer, who worked for the City previously.
PUBLIC COMMENT
Pete Evans, San Luis Obispo, discussed his concerns regarding energy waste in the
downtown. He asked Council to discuss this issue with the appropriate people.
At Council Member Mulholland's request, Mr. Evan's concerns were discussed under
Communications.
Gary Fowler. San Luis Obispo, spoke in opposition to the Revenue Tax Measure that will be
on the ballot in November. He commended Public Works staff on their responsiveness to
concerns he has expressed, most recently regarding graffiti.
Sifu Kelvin - Harrison, San Luis Obispo, spoke about his continuing concerns related to
personal harassment
Terry Mohan, San Luis Obispo, discussed his objections to Council's action at the last
Council meeting denying his appeal of the traffic mitigation for the Village at Maymont project.
REDESIGNATION OF MASS TRANSPORTATION COMMITTEE (MTC) MEMBERS.
Action: Moved by Brown/Ewan to redesignate Kathy Howard from an at -large
member of the Mass Transportation Committee to the senior representative for a
City Council Meeting
Tuesday, August 1, 2006 - 7:00 p.m.
Page 2
term expiring March 31, 2010, and Carl Hilbrants from an alternate member to an at-
large member, with a term expiring March 31, 2007; motion carried 5:0.
CONSENT AGENDA
Council Member Brown asked that item C13 be pulled for discussion.
ACTION: Moved by SettlefEwan to approve the Consent Agenda, with the exception
of item C13, as recommended by the City Administrative Officer; motion carried 5:0.
C1. MINUTES OF TUESDAY, JULY 18, 2006.
ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented;
motion carried 5:0.
C2. FINAL ADOPTION OF FLOOD ORDINANCE.
C3.
ACTION: Moved by Settle/Ewan to adopt Ordinance No. 1494 (2006 Series),
amending Section 17.84 of the Municipal Code: motion carried 5:0.
USE TAX."
ACTION: Moved By Settle/Ewan to adopt Ordinance No. 1495 (2006 Series), subject
to subsequent voter approval in November 2006, establishing a general-purpose 1/2-
cent sales tax for a term of eight years; motion carried 5:0.
C4. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING
DELEGATE/ALTERNATE 2006.
C5.
C6.
ACTION: Moved by Settle/Ewan to designate Mayor Romero as the voting delegate
and Vice Mayor Settle as the voting alternate to the League of California Cities
Annual Conference; motion carried 5:0.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9821 (2006 Series)
approving the Memorandum of Agreement for a five -year contract between the City
of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs' Association;
motion carried 5:0.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9822 (2006 Series)
approving the Memorandum of Agreement for a four -year contract between the City
of San Luis Obispo and the San Luis Obispo Employees' Association; motion
carried 5:0.
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Tuesday, August 1, 2006 - 7:00 p.m.
C7. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
' THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523, FOR THE
PERIOD OF JANUARY 1, 2006, THROUGH DECEMBER 31, 2009.
ACTION: Moved by Settle/Ewan to adopt.Resolution No. 9823 (2006 Series)
approving the Memorandum of Agreement for a four -year contract between the City
of San Luis Obispo and the International Association of Firefighters, Local 3523;
motion carried 5:0.
C8. WATERLINE REPLACEMENT PROJECT, SPECIFICATION NO. 90535.
ACTION: Moved by Settle/Ewan to: 1) Approve the plans and specifications for the
"Waterline Replacement Project," Specification No. 90535. 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 Estimate of $880,000; motion carried 5:0.
C9. WATER RECLAMATION FACILITY (WRF) AIR -GAP REPLACEMENT, SPECIFICATION
NO. 90399.
ACTION: Moved by Settle/Ewan to: 1) Award the contract for the "WRF Potable
Water Air -Gap replacement," Specification No. 90399, to Maino Construction Co.
Inc. in the total project bid amount of $106,979. 2) Authorize the transfer of $122,000
from the WRF Major Facility Maintenance account to the project account for funding
of the contract plus related construction contingencies and project costs; motion
carried 5:0.
' C10. WATER REUSE PROJECT — TETRA TECH CONTRACT AMENDMENT.
ACTION: Moved by Settle(Ewan to: 1) Approve Amendment #3 to the agreement
with Tetra Tech, providing retroactive compensation for extended construction
management services for the Water Reuse Project in an amount not to exceed
$35,247. 2) Approve the transfer of $35,247 from the project contingencies account
to the construction management account to fund the extended services; motion
carried 5:0.
C11. MISSION PLAZA BANK WALKWAY WALL, SPECIFICATION NO. 99257.
ACTION: Moved by Settle/Ewan to: 1) Award the contract for the "Mission Plaza
Bank Walkway Wall," Specification No. 99257, to Rehak Construction in the total
project bid amount of $120,000. 2) Authorize the transfer of $55,000 from the CIP
Reserve Account to the project account for funding of the Contract and maintaining
10% construction contingency; motion carried 5:0.
C12. PROCUREMENT OF TRANSIT VEHICLES TO COMPLY WITH CALIFORNIA AIR
RESOURCES BOARD EMISSION REQUIREMENTS.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9824 (2006 Series) to 1)
Approve SLO Transit's vehicle replacement plan to meet California Air Resources
Board (CARB) emission requirements. 2) Approve cooperative procurement to
purchase up to four buses and one trolley. 3) Authorize the CAO to negotiate and
execute a cooperative purchasing agreement for transit vehicle replacements in a
cumulative amount not to exceed $1,620,471; motion carried 5:0.
Item C13 was pulled for discussion.
City Council Meeting
Tuesday, August 1, 2006 - 7:00 p.m.
C13. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO
PROTECT CALIFORNIA STATE PARK LANDS.
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Council Member Brown initiated a brief discussion during which he expressed concern that
the Council does not have enough information to make a qualified decision on this matter
since the area impacted is in Southern California.
Mayor Romero referred to information from the Transportation Corridor Agencies (on file in
the City Clerk's office) and indicated that the City should not preclude Southern California
from resolving its traffic problem.
Council Members Mulholland and Ewan spoke on behalf of the resolution and on the
importance of protecting parklands and open space.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9825 (2006 Series)
relating to protection of State park resources; motion carried 3:2 (Brown/Romero
opposed).
PUBLIC HEARINGS
2006 -07 PROGRAM OF PROJECTS (POP) FOR A FEDERAL TRANSIT
ADMINISTRATION (FTA) GRANT.
Transit Manager O'Dell presented the staff report.
Mayor Romero opened the public hearing. No comments were forthcoming and Mayor
Romero closed the public hearing.
ACTION: Moved by Romero/Brown to: 1) Adopt Resolution No. 9826 (2006 Series)
authorizing the Public Works Director to file a grant application and execute the
grant agreement from the FTA in the amount of $1,546,400. 2) Amend the Fiscal
Year (FY) 2006 -07 Transit Fund budget to reflect revisions to the City's allocations;
motion carried 5:0.
Council Member Ewan reported that because his company does business with the
applicant foe item PH2, he would recuse himself. He left the Council Chamber at this time.
2. APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT
TO ALLOW A HIGH OCCUPANCY FOR EIGHT ADULTS AT 520 GRAND AVENUE (A
16-06).
Associate Planner Dunsmore presented the staff report.
Mayor Romero opened the public hearing.
Cvdnev Holcomb, San Luis Obispo, appellant/Chairperson of Residents for Quality
Neighborhoods, explained why the components and impact of the project are the same as the
project denied in 2002, reviewed comments in the agenda report which support the appeal,
and asked Council to make the findings contained in the report and uphold the appeal.
Steven Barasch, San Luis Obispo, applicant's representative, noted that the proposed project
differs from the one submitted in 2002, explained why he did not think this project will set a
precedent for other high occupancy applications, discussed neighborhood benefits that will
City Council Meeting
Tuesday, August 1, 2006 - 7:00 p.m.
Page 5
result from the project, and said that it complies with Zoning Ordinance related to high
' occupancy permits.
Paul Pedroni, San Luis Obispo, spoke in support of the appeal and opposition to the permit
because he did not think an eight -room boarding house is consistent with the R -1 zoning, and
because it will result in increased issues such as noise.
Tenn Mohan, San Luis Obispo, also spoke In support of the appeal and discussed noise
issues.
Teeraaan Teeratarkui. San Luis Obispo, owner of Thai Palace, spoke in support of the project
and opposed the appeal. He referenced a boarding housing on Santa Barbara Street (referred
to as "The Establishment ") as an example of one organized in such a way that it does not
generate noise or other issues.
Brett Cross, San Luis Obispo, expressed concern regarding the precedent that would result if
Council denies the appeal and permits the project to proceed.
Andrew Carter, San Luis Obispo, said he was speaking as a resident and not as a Planning
Commissioner. He opposed the project, because of concerns related to the number of noise
complaints and other issues that have arisen there in the past four years, and because of the
negative precedent that would be set if the project is approved.
Leslie Halls, San Luis Obispo, explained why she believes the project conforms with the
Zoning Ordinance and refuted comments made by some of the earlier speakers.
Peter Brown, said he was speaking both as a resident and a Planning Commissioner. He
discussed reasons for his support of the project and pointed out that the use permit could be
revoked if its conditions are violated. He thought that the project would be good for the
community in that it would provide students with housing close to the campus, and would
result in improvements to the site.
Janine Barasch, San Luis Obispo, Barasch property manager, discussed the management
rules that she enforces for existing projects and would enforce for the proposed project.
Gary Fowler, San Luis Obispo, explained why he thought the project would improve the
property.
Sandra Rowley. San Luis Obispo, explained why she did not think the existing dwelling meets
the requirements for high occupancy, and expressed concern about the precedent that would
be set if the project is approved.
Mayor Romero closed the public hearing.
Community Develoament Director Mandeville responded to comments and questions, and
explained the Council's role in determining whether this project is consistent with the
General Plan. He noted the difficulties that would be associated with attempting to revoke
the use permit once the project has been built.
Council Member Brown explained why he thought that although higher density may be
appropriate in the future, now is not an appropriate time to increase it on Grand Avenue. In
' addition, he thought existing issues need to be dealt with before that happens.
City Council Meeting Page 6
Tuesday, August 1, 2006 - 7:00 p.m.
Vice Mayor Settle spoke in support of the appeal, in part because of the project's proximity
to Highway 101 and the need to preserve the neighborhood as a single - family use.
Council Member Mulholland also supported the appeal. She agreed that although housing
similar to "The Establishment" is needed, it should not be built in an R -1 district and that
high occupancy permits should apply to existing units for which little or no modification is
required.
Mayor Romero explained that although he thought.the current proposal is an improvement
over the prior one, he did not think it met the intent of the high occupancy ordinance. He
also expressed concern that approving this project may set a negative precedent
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9827 (2006 Series)
upholding the appeal filed by RON, thereby denying the Planning Commission's
action approving a use permit to allow a high occupancy for eight adults; motion
carried 4:0:1 (Ewan absent/recused).
Council Member Ewan returned to the meeting at this time.
3. TENTATIVE TRACT MAP TO CREATE SIX AIRSPACE RESIDENTIAL
CONDOMINIUMS (499 NORTH CHORRO STREET, TRIER 207 -05).
Associate Planner Dunsmore presented the staff report and responded to questions. He
noted that staff is proposing an added condition requiring CC &Rs for the project
Mayor Romero opened the public hearing.
Tim Riley, principal owner, San Luis Obispo, spoke on behalf of the project and noted the
efforts that had been made to incorporate energy - efficient components.
Odile Avral. San Luis Obispo, discussed concerns related to overflow parking from Cal Poly
and increased parking requirements resulting from this project
Caixing Gu. San Luis Obispo, echoed concerns expressed by Ms. Ayral.
Mayor Romero closed the public hearing.
Deputy Director Public Works Bochum and Community Development Director Mandeville
addressed concerns regarding parking.
Council Member Mulholland acknowledged the concerns regarding parking, but said she
thought the project Is small enough not to contribute greatly to traffic in the area. She said
that the project is well designed.
Council Member Ewan concurred.
Mayor Romero also acknowledged comments regarding parking, but was particularly
concerned with the drainage. He asked the developer to consider using a redundant design
with extra large pipe sizes at the catch basins and outlets to ensure that there is not an
overflow flood problem on the neighboring property.
ACTION: Moved by Brown/Settle to adopt Resolution No. 9828 (2006 Series)
approving a Mitigated Negative Declaration of environrtiental impact and tentative
tract map to create six airspace residential condominiums located at 499 North
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Tuesday, August 1, 2006 - 7:00 p.m.
Page 7
Chorro Street (TRIER 207 -05). The motion included adding a condition including
CC &Rs for the project; motion carried 5:0.
4. TENTATIVE MAP PROPOSAL FOR A TEN -UNIT CONDOMINIUM DEVELOPMENT (153
STENNER STREET, TRIER 1 -06).
Associate Planner Hill presented the staff report.
Deputy Director Public Works Bochum responded to questions regarding parking and
traffic impacts.
In response to Council Member Mulholland, Associate Planner Hill discussed the historic
property assessment that was done on the house on the subject property and explained
why it does not meet State or local criteria as a historic resource.
Mayor Romero opened the public hearing.
Carol Florence. Principle Planner with Oasis, representing owner /developer, spoke in
support of the project.
Victoria McEntire , San Luis Obispo, displayed a photograph of the Stenner property in 1924
and suggested that a plaque be placed at the front of the condominium complex providing
a history and picture of the original house. She raised concerns regarding parking and the
traffic speed. She made several suggestions (on file in the City Clerk's office) that she
thought would alleviate some of these concerns.
Steve DelMartini, San Luis Obispo, concurred with the parking concerns and suggested the
developers provide increased parking. He asked Council to support the increased density
on underutilized lots.
Mayor Romero closed the public hearing.
During the ensuing Council discussion, staff was asked to work with Ms. McEntire on her
suggestions and to review the traffic and parking situation on Casa Street.
ACTION: Moved by Brown/Settle to adopt Resolution No. 9829 (2006 Series)
approving a tentative tract map and Negative Declaration of environmental impact
for a ten -unit residential condominium development located at 153 Stenner Street
( TR/ER 1 -06); motion carried 5:0.
5. WATER TREATMENT PLANT IMPROVEMENT BONDS.
Finance Director Statler presented the staff report and introduced members of the financing
team.
Public Comments
None.
—end of public comments-
City Council Meeting
Tuesday, August 1, 2006 - 7:00 p.m.
Page 8
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9830 (2006 Series)
approving the issuance of water revenue bonds with net proceeds of $15,464,900 to
assist in financing water treatment plant improvements; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the July 27"' Downtown
Association's Town Hall meeting held at the SLO Art Center.
Council Member Ewan reported on activities of the Air Pollution Control District.
COMMUNICATIONS
Council Member Ewan reported on his and Council Member Brown's attendance at the July
19 Dalidio Ranch Initiative Committee meeting. He suggested that County Planner Kami
Griffin be invited to the August 15th meeting to make the same presentation she made at
that meeting regarding the County's process. Council concurred.
In response to communications from Pete Evans, Council Member Mulholland initiated a
discussion on how best to work with downtown businesses to avoid wasting energy. Council
agreed that the Mayor would send a letter containing Council's concerns to the Downtown
Association and Chamber of Commerce, and ask them to discuss this matter at their
upcoming meetings. Included In the letter will be a recommendation that the Downtown
Association and Chamber invite representatives from Pacific Gas & Electric who conduct
energy audits to speak to the Association and assist them with a program educating business
owners on energy conservation.
Council Member Mulholland asked Council to consider a resolution or proclamation
acknowledging September 21 3t as the International Day of Peace. Council consensus was to
place a proclamation on the September 19"' agenda.
Council Member Brown indicated that he will not be able to participate in the Downtown
walking tour to be held on August 4th.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 9:50 p.m. to a Special Meeting at 9:00 a.m. on August 4, 2006, a walking tour of
the Downtown with the City's Arborist.
APPROVED BY COUNCIL: 08/15/06
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