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HomeMy WebLinkAbout07/19/2005MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 19, 2005 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Christine Mulholland, Vice Mayor John Ewan 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; Wendy George, Assistant City Administrative Officer; Bill Statler, Finance Director; Betsy Kiser, Principal Administrative Analyst; Claire Clark, Seismic Coordinator; Tom Baasch, Chief Building Official; Tyler Corey, Associate Planner; Phil Dunsmore, Associate Planner; Ron Whisenand, Deputy Director of Community Development; Jaime Hill, Associate Planner; Doug Davidson, Housing Programs Manager; Julie O'Connor, Deputy City Clerk PRESENTATION Steve Devencenzi. San Luis Obispo Council of Governments (SLOCOG), presented Council with an update of the Community 2050 Plan. PUBLIC HEARING public Hearing item #1 was heard at 7:00 p.m. BUSINESS ITEMS VII Assistant City Administrative Officer George presented the staff report at which time she and Principal Administrative Analyst Kiser responded to Council questions. Public Comments Mike Patrick San Luis Obispo, President of Children's Museum Board, spoke to the success and impact the Children's Museum has had on the community since its conception. He discussed action taken by the Museum to address the issue of soil contamination encountered during the early phases of construction. Lisa Toke. Arroyo Grande, asked the City to help bear the costs of problems encountered during construction. uty Council Meeting Page 2 Tuesday, July 19, 2005,4:00 p.m. Maurice Magire, speaking on behalf of the Children's Museum, asked Council to waive the requirements for bulbouts and to either waive the fees associated with bagging the meters or permitting the removal of the meters. The following speakers also spoke in support of the Children's Museum and suggsted that the City assists with costs: Dale Wolff. San Luis Obispo Deborah Cash, Downtown Association. Ms. Cash also suggested ways in which citizens could be encouraged to contribute to the Museum (informational mailers in water bills and in the Downtown Association newsletter). Kathleen Wolff, Executive Director of the Children's Museum Steve McCartey, McCartey Commercial Real Estate and member of the Museum's fundraising steering committee Wendy Wendt, Board Member, Children's Museum Gary Fowler, San Luis Obispo, asked Council to adopt the staff recommendation and stated his belief that the Museum should be financed by personal donations, grants, etc. ---end of public comments— Council discussion followed, during which staff responded to questions. ACTION: Moved by Brown/Ewan to: 1. Adopt the amended and restated lease agreement with the San Luis Obispo Children's Museum. 2. Deny request for monetary support to assist with costs related to soil contamination mitigation and associated construction delays; motion carried 4:0:1 (Settle absent). Moved by Ewan/Brown to delete the required bulbouts on the north side of Monterey and the west side of Nipomo, and approved the accelerated removal of parking meters to avoid charging for them to be bagged during construction; 4:0:1 (Settle absent). A motion to delete the required bulbout from the corner in front of the Children's museum failed 2:2:1, (Ewan/Brown opposed, Settle absent). 3. STATUS REPORT: UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM. Economic Development Manager Stanwyck introduced Seismic Coordinator Clark who presented the staff report. Chief Building Official Baasch was present to answer questions. Seismic Coordinator Clark gave an overview of what retrofits have been completed already, what buildings have work currently underway, and buildings with anticipated work on Garden and Palm Streets. Council discussion ensued during which Seismic Coordinator Clark responded to questions. Public Comments None. —end of public comments— ACTION: Received the report. G City Council Meeting Page 3 Tuesday, July 19, 2005, 4:00 p.m. 4. PUBLIC EDUCATION AND COMMUNITY OUTREACH PROGRAM. ' CAO Hampian commenced the presentation. He discussed the importance of the November 2006 election for the success of a revenue ballot measure. Finance Director Statler presented the staff report, providing background information regarding the City's fiscal past and future. He discussed what is being proposed in the outreach program and reviewed program costs. He also discussed the workscope envisioned. He then introduced Catherine Lew, Lew/Edwards Group, who discussed the importance of this program in San Luis Obispo. Public Comments None. ---end of public comments — Council comments ensued during which time Ms. Lew responded to questions. ACTION: Moved by Ewan/Brown to approve moving forward with a comprehensive public education and community outreach program about the City's fiscal situation by: 1. Appropriating $132,500 from the unreserved General Fund balance in funding an effective program. 2. Entering into an agreement with The Lew Edwards Group for professional assistance in conducting an effective program in the amount of $45,000; motion carried 3:1:1 (Mulholland opposed, Settle absent). CLOSED SESSION City Attorney Lowell announced that following a dinner break, Council would convene for a Closed Session at 6:30 p.m. He stated that both Closed Session conferences would involve anticipated litigation as indicated below. He explained that the second conference would first be a meeting to determine whether the conference Is appropriate and, if deemed so, the conference would be held. However, because to reveal the name of the potential claimant might jeopardize the position of the City, the potential claimant was not revealed at this time. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(3)(C) Claimant: Souza Construction, Inc. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) and (b)(2) One (1) potential case Following the Closed Session, the regular meeting reconvened at 7:00 p.m. City Attorney Lowell reported that the Closed Session conferences were held as announced. Regarding the first conference, a claim filed by Souza Construction, Inc., Council was provided with a status update and guidance. Regarding the second ' conference, Council first met to determine if it was appropriate to discuss this matter in a Closed Session. Council unanimously determined that it was and the anticipated litigation was discussed. At this time, the potential claimant(s) will not be revealed. City Council Meeting Tuesday, July 19, 2005,4:00 p.m. Page 4 Mayor Romero announced that Item 6 has been continued to a date uncertain. PUBLIC COMMENT Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns related to personal harrassment. PUBLIC HEARING 1. HOUSING AUTHORITY REQUEST FOR CONDUIT FINANCING. This item was heard following the approval of the Consent Agenda. APPOINTMENTS Al. APPOINTMENT RECOMMENDATION TO THE ZONE 9 ADVISORY COMMITTEE. ACTION: Moved by Romero/Brown to recommend to the County Board of Supervisors the appointment of Dominic Perello to serve as the alternate member to represent the City of San Luis Obispo on the Zone 9 Advisory Committee for a term to expire on December 31, 2006; motion carried 4:0:1 (Settle absent). A2. APPOINTMENT RECOMMENDATION TO THE JACK HOUSE COMMITTEE. ACTION: Moved by Mulholland/Ewan to 1. Appoint Patrick Mayeda to fill an unexpired term beginning July 20, 2005, and ending March 31, 2009. 2. Extend the terms of Gerry Johnson and John Tischler to March 31, 2006; motion carried 4:0:1 (Settle absent). CONSENT AGENDA ACTION: Moved by MulhollandBrown to approve the Consent Agenda; motion carried 4:0:1 (Settle absent). Cl. APPROVE MINUTES OF TUESDAY, JULY 5. 2005. REGULAR MEETING. ACTION: Moved by Mulholland/Brown to waive oral reading and approve as presented; motion carried 4:0:1 (Settle absent). C2. (PD 95 -04). ACTION: Moved by MulhollandBrown adopt Ordinance No. 1476 (2005 Series), modifying Ordinance No. 1457 (2004 Series) to permit banksisavings & loans and broadcast studios as allowed uses, and to allow laboratories (medical, analytical) with an approved Planning Commission Use Permit, within an 0 -PD zone; motion carried 4:0:1 (Settle absent). C3. WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS. ACTION: Moved by Mulholland/Brown to authorize the Mayor to execute the agreement with Kruger, Inc. for the procurement of the Ballasted Flocculation City Council Meeting Page 5 Tuesday, July 19, 2005,4:00 p.m. System (Actiflo) as part of the Water Treatment Plant Master Plan Improvements; motion carried 4:0:1 (Settle absent). C4. ADOPT ORDINANCE NO. 1477 (2005 SERIES) REZONING PROPERTY AT 12398 LOS OSOS VALLEY ROAD (GP/R 19 -05). ACTION: Moved by MulhollandBrown to adopt Ordinance No. 1477 (2005 Series); motion carried 4:0:1 (Settle absent). C5. LANDSCAPE MAINTENANCE SERVICES REQUEST FOR PROPOSALS. ACTION: Moved by Mulholland/Brown to 1. Reject proposals received for Landscape Maintenance Services Specification No. 90528. 2. Authorize staff to re- advertise for proposals. 3. Authorize the CAO to execute a contract with the selected firm or firms if the cost is within the budget of $229,100; motion carried 4:0:1 (Settle absent). C6. APPROVAL OF A CABLE TELEVISION PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS OPERATING PLAN. ACTION: Moved by MulhollandBrown to 1. Adopt Resolution No. 9708 (2005 Series) approving the PEG Access Operating Plan. 2. Enter into an agreement with San Luis Obispo County Public Access, Inc. for use of the public portion of PEG Access funds. 3. Enter into an agreement with San Luis Coastal Unified School District for maintenance of the educational portion of PEG Access funds. 4. Authorize the CAO to issue a Request for Proposals for improvements to the City's broadcast 1 capabilities using the government portion of PEG Access funds and to award a contract In an amount not to exceed $200,000; motion carried 4:0:1 (Settle absent). PUBLIC HEARINGS 1. HOUSING AUTHORITY REQUEST FOR CONDUIT FINANCING. Finance Director Statler presented the staff report. He explained Council must approve the reissuance of tax- exempt bonds by the Housing Authority because of minor changes in the loan start date and related maturity dates. The reissuance of these bonds will assist the Housing Authority in financing its Del Rio Terrace senior apartment complex. Mayor Romero opened the public hearing. George Movlan, Housing Authority, indicated that he was available to respond to questions. None were forthcoming. Mayor Romero closed the public hearing. 5. 1 ACTION: Moved by Ewan/Brown to adopt Resolution No. 9709 (2005 Series) allowing the Housing Authority to reissue tax - exempt bonds to assist In financing their Del Rio Terrace senior apartment project; motion carried 4:0:1 (Settle absent). City Council Meeting Page 6 Tuesday, July 19, 2005, 4:00 p.m. Associate Planner Hill presented the staff report. She reviewed the zoning regulations that permit the subject use, explained why the Planning Commission denied the permit, discussed existing tenant leases on the site as well as the area proposed to be used by SLO Beauty College, and the inability of the Community Development Director and Planning Commission to make the findings necessary to approve this permit. She responded to Council questions. Mayor Romero opened the public hearing. Pat MacCasland, representing SILO Beauty College, displayed a map depicting the proposed location of the Beauty School, its history and the benefits it will offer to the community. She addressed traffic concems and expressed concern that the Planning Commission may not have been provided with enough information to accurately reflect parking availability. Wayne Colmer, representing SLO Beauty College, discussed the financial benefit the School District will gain through the lease. He distributed information and discussed the parking situation, explaining why he thinks there will be ample parking for the Beauty College as well as other tenants. He responded to questions raised by Council Member Mulholland. Sandy Taeckens, SLO Beauty College, distributed information from Hancock College and asked Council to uphold the appeal. Mayor Romero closed the public hearing. During the ensuing discussion, it was suggested that there needs to be a parking plan for the facility, and if the appeal is upheld, language should be included indicating that once the parking is used up, no more uses will be allowed on the site. Council Member Brown supported the proposed site and keeping the Beauty College in the City limits. Vice Mayor Ewan explained that while he doesn't object to the Beauty College being housed on the school site, he thinks there needs to be a parking plan for this facility. Council Member Mulholland concurred and said that she wants a stipulation added to direct staff not to allow permit use that exceeds available parking according to the City's parking standards. Mayor Romero explained why he believes the proposed use is a school, rather than a business, and suggested that the increase in traffic will be limited. He said that this matter should be referred back to the Planning Commission and staff to determine the actual parking needs and solutions. During the ensuing discussion, staff recommended the following findings and conditions be added to the resolution: Findings: • Given the various components of the beauty school business and their large space per person requirements, a reduced parking requirement is appropriate as it reflects the actual demand generated by the use. • Continued implementation of the Trip Reduction Plan submitted to the City will reduce the amount of traffic generated by the use to a less than significant amount. I 1 City Council Meeting Tuesday, July 19, 2005,4:00 p.m. Conditions: Page 7 • The applicant shall continue to implement the trip reduction program to encourage staff, students and customers to utilize methods of transportation other than the single- occupant vehicle. • The beauty school shall not establish themselves at the site or begin business until the necessary additional parking has been reviewed, approved and constructed. • Traffic Impact Fees shall be paid as part of the parking lot expansion permit process to reflect the additional trips to the site that will be made possible. • The lease holder is aware that there are limited parking spaces available and that City parking standards must be met. The proposed 102 - parking spaces may be less than required for full occupancy of the site or significant change of tenant requirements. To ensure that the mixture of tenants does not exceed that which could be adequately served on the site, the lease holder shall provide a running total of the site's parking requirements (showing compliance with City standards) with the submittal of any business tax certificate or application for City permit. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9710 (2005 Series) upholding the appeal, and directed staff to revise the resolution to include the findings and conditions referenced above; motion carried 4:0:1 (Settle absent). 6. GENERAL PLAN CONSISTENCY DETERMINATION FOR A PROPOSED 7 -UNIT, DETACHED APARTMENT PROJECT LOCATED IN THE R-4 ZONE, 1231 LAUREL LANE (ARC 180 -04). This item was pulled from the agenda and will be heard at a date to be determined. 7. Associate Planner Dunsore presented the staff report. He explained that this year's conversion applications have exceeded the annual limit. He discussed the Planning Commission evaluation process and the ranking criteria used, provided an overview of each of the applications, and reviewed the recommendations. He also reviewed the applicable General Plan policy. He, Housing Programs Manager Davidson and City Attorney Lowell responded to questions throughout the presentation. Mayor Romero opened the public hearing. Andrew Carter, speaking on behalf of the Planning Commission, explained why the Planning Commission unanimously opposed the Rancho Obispo conversion. The Commission's concerns included that it was initially approved as a Planned Development and it is too soon to allow its conversion. He said the Commission approved the Parkwood Village conversion by a 5-2 vote. He explained that there were concerns related to the ranking process that penalizes projects for being occupied. He said the Commission is also concerned with how ranking is done on available open space. He pointed out that Parkwood Village is near Sinsheimer Park, but this wasn't taken into consideration during ranking. He also noted that the gift of units to the Housing Authority is a tremendous opportunity to the City, City Council Meeting Page 8 Tuesday, July 19, 2005,4:00 p.m. Christi Sabom, President of the Rancho Obispo Homeowners' Association, spoke in support of allowing the conversion largely to free the Homeowners' Association from liability. She discussed building issues related to the houses built by Hertel, but indicated that the Homeowners' Association has not received complaints about the apartments. Lori Heizer, San Luis Obispo, Section 8 resident, supported the Parkwood Village conversion and said she believes that the conversion may enable her to purchase a unit. John Shoals, representing Rancho Obispo, suggested that this conversion will provide workforce housing. He displayed a series of slides depicting the proposed project and said that 22 of the units would be affordable, providing an opportunity for first -time home buyers. Dan Erdman, San Luis Obispo, supported the conversion of Parkwood Village, but asked that resolutions identified as "C" and "E" be revised to require that the parking lots be reconstructed, not resurfaced. He displayed photographs depicting the condition of the parking lots. Pamela Jardini, representing Rockview Heights, displayed slides depicting this site and discussed its amenities. She said that Rockview Heights exceeds requirements under the Municipal Code. George Movlan, Housing Authority, explained why building apartments in the City isn't cost effective. He discussed the affordable housing gift the Parkwood Village units would be if the conversion is approved. He also indicated that the Housing Authority would serve as a relocation service for residents if they have to leave Parkwood Village and discussed the Housing Authority's proposal to develop some type of payback schedule to the Housing Authority that would enable residents to purchase units. He supported conversion of all 168 units. Carol Florence, Parkwood Village representative, encouraged Council to permit the 168 -unit conversion, but not to change the Municipal Code. Hamish Mashall, Parkwood Village representative, suggested that the ranking system is out - of -date and that Council should approve all of the conversions. He explained that Parkwood Village was designed for condominiums and said that each unit has a separate meter and two parking spaces. He said that Parkwood intends to assist with loans for purchase of the units. Pat Smith, Parkwood Village representative, discussed his involvement with project since 1983, when he bought, designed and built it. He discussed amenities that would make it ideal for conversion and discussed his continued commitment to the Housing Authority. He distributed additional information related to the project (on file in the City Clerk's office). Pam Hughes, San Luis Obipso, spoke in support of the Parkwood Village conversion. Tom Habbick representing Hertel and the Rancho Obispo Apartments, explained that the Homeowners' Association is only responsible for the storage structure and entry into the project, not the apartments themselves. He said that there was a different architect and contractor for the apartments and pointed out that the last 16 units have only been on the market for three months. Brian Rolph, San Luis Obispo, supported condominium conversion in general and suggested that the ordinance should be revised. City Council Meeting Tuesday, July 19, 2005, 4:00 p.m. Page 9 Mary Ann Duarozan, San Luis Obispo, expressed concern that she may lose her home if Rockview Heights is converted and asked Council to consider people who may be displaced. Mayor Romero closed the public hearing. Council discussion ensued during which staff responded to questions. Council recessed from 10:05 to 10:18 p.m. City Attorney Lowell explained that Section 17.82.120 of the Municipal Code, Conversion Limit Procedure, may provide the flexibility to include Cal Poly housing units built in 2004 when calculating the number of units that can be converted. He recommended that Council approve, in concept, the conversion of Parkwood Village and said that staff would return at the next meeting with a resolution incorporating an interpretation of this code section. The following motion was made based on the understanding that the Cal Poly apartments were built and students began occupying them in 2004. ACTION: Moved by Ewan/Brown to adopt: 1. Resolution No. 9711 (2005 Series), approving a condominium conversion for 20 apartments at 2975 Rockview Place. 2. Resolution No. 9712 (2005 Series), approving a condominium conversion for 168 apartments at 1017 through 1043 Southwood Drive, with language indicating that this action is based on the inclusion of Cal Poly Housing as part of the City's housing stock when interpreting the City's conversion ordinance, with the final language of this resolution to be determined by City Attorney and staff. 3. Resolution No. 9713 (2005 Series). denying a condominium conversion for 77 apartments at 11955 Los Osos Valley Road (1778 through 1796 Tonini Drive). Motion passed 4:0:1 (Settle absent). Discussion ensued regarding whether to direct staff to prepare a Municipal Code amendment to allow unused condominium conversion credits from previous years to be utilized in future years. However, while Council Member Brown and Mayor Romero supported pursuing the amendment, Vice Mayor Ewan and Council Member Mulholland did not. Therefore, no direction was given. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the Annual Parks Tour and BBQ and on her attendance at the Mass Transportation Committee meeting on July 13th. She also reported on her attendance at the July 14th Mayor's Quarterly Advisory Body Luncheon with Chairs and the July 15th Citizens Advisory Committee meeting at the Men's Colony. Vice Mayor Ewan noted his attendance at the Annual Parks Tour and BBC) on July 13th, as well as his attendance at the Downtown Association Board meeting last Tuesday. Mayor Romero reported on the dedication last Sunday of the bandstand constructed by the Monday and Tuesday Rotary Clubs In Mitchell Park. 1 City Council Meeting Tuesday, July 19, 2005, 4:00 p.m. Page 10 COMMUNICATIONS Council Member Mulholland requested that Council agendize for the July 26th Council meeting discussion of a possible master plan for the Dalidio, Gap and McBride (Gearhart) properties. However, none of the other Council members were interested in doing so. Council Member Mulholland also requested that Council agendize a discussion reconsidering the City's big box ordinance. However, there was no desire on the part of the other Council members to do so. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:00 pm to an adjourned regular meeting on Tuesday, July 26, 2005 at 4:30 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Ho *r City Clerk APPROVED BY COUNCIL: 8/1612005 1