HomeMy WebLinkAbout08/23/2005ROLL 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; Bill Statler, Finance Director; John Moss, Utilities Director;
Jay Walter, Public Works Director; Mike Draze, Deputy Director of
Community Development; Shelly Stanwyck, Economic Development
Manager; Jeff Hook, Associate Planner; Gary Henderson, Water
Manager; Tim Bochum, Deputy Director of Public Works; Neil Havlik,
Natural Resources Director
' PUBLIC COMMENT
Brad Brown, San Luis Obispo, expressed appreciation to Council members on the
deliberative process they undertake in conducting City business.
Ly -Lan Lofqren, Secretary of "Sharing the Dream Organization," invited attendance at the
annual Martin Luther King, Jr., holiday celebration on September 10th in Edna Valley at 1615
Tiffany Ranch Road. She also invited donations to and participation in this organization.
PUBLIC HEARING
ADOPTION OF THE AIRPORT AREA SPECIFIC PLAN. (CONTINUED FROM JULY 26,
2005).
Community Development Manager Mandeville commenced the presentation. He reviewed
the purpose of tonight's meeting and acknowledged staff members present to respond to
questions.
Associate Planner Codron provided an overview of Council's direction at the June 14 and
June 26, 2005, Council meetings. He reviewed the components of the resolutions
presented for adoption and the ordinance being presented for introduction in accordance
with the CAD recommendation.
Staff responded to questions raised related to the fees and financing strategies, as well as
the revised cross section for Tank Farm Road and future connectivity issues.
Mayor Romero opened the public hearing.
MINUTES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 23, 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; Bill Statler, Finance Director; John Moss, Utilities Director;
Jay Walter, Public Works Director; Mike Draze, Deputy Director of
Community Development; Shelly Stanwyck, Economic Development
Manager; Jeff Hook, Associate Planner; Gary Henderson, Water
Manager; Tim Bochum, Deputy Director of Public Works; Neil Havlik,
Natural Resources Director
' PUBLIC COMMENT
Brad Brown, San Luis Obispo, expressed appreciation to Council members on the
deliberative process they undertake in conducting City business.
Ly -Lan Lofqren, Secretary of "Sharing the Dream Organization," invited attendance at the
annual Martin Luther King, Jr., holiday celebration on September 10th in Edna Valley at 1615
Tiffany Ranch Road. She also invited donations to and participation in this organization.
PUBLIC HEARING
ADOPTION OF THE AIRPORT AREA SPECIFIC PLAN. (CONTINUED FROM JULY 26,
2005).
Community Development Manager Mandeville commenced the presentation. He reviewed
the purpose of tonight's meeting and acknowledged staff members present to respond to
questions.
Associate Planner Codron provided an overview of Council's direction at the June 14 and
June 26, 2005, Council meetings. He reviewed the components of the resolutions
presented for adoption and the ordinance being presented for introduction in accordance
with the CAD recommendation.
Staff responded to questions raised related to the fees and financing strategies, as well as
the revised cross section for Tank Farm Road and future connectivity issues.
Mayor Romero opened the public hearing.
City Council Meeting Page 2
Tuesday, August 23, 2005 — 7:00 p.m.
Andrew Carter, San Luis Obispo, explained that while the Planning Commission is supportive
of the wetlands, Commissioners recommended against expansion of the wetlands because of
a request from the Airport Manager.
Joe Gilpin, President of SLO County Bicycle Coalition, noted the importance of Class 1 bike
connectivity. He discussed his concerns with eliminating the Class 2 bike trail on the side
where the Class 1 is proposed. He explained how the median could be reduced in size in
order to install a Class 2 bike lane.
Mayor Romero closed the public hearing.
Deputy Public Works Director Bochum responded to questions and indicated that staff
would work with the Bicycle Committee and Bike Coalition on Class 2 issues.
Natural Resources Manager Havlik responded to questions regarding the wetlands. He
explained that there will not be a loss of wetlands because there will be wetlands in other
smaller areas.
Council Member Mulholland explained that, although she thinks the AASP contains some
good policies, she does not think the Unocal property should be annexed and that there are
seven significant and unavoidable environmental impacts for which she cannot make
findings. She also opposed the Plan because it will be growth- inducing, will add to the
jobsthousing imbalance, and the County will continue to build on the City's borders.
Council Member Brown, Mayor Romero, Council Member Settle and Vice Mayor Ewan
spoke in support of the AASP.
ACTION: Moved by Settle/Ewan to 1. Adopt Resolution No. 9726 (2005 Series)
approving the Airport Area Specific Plan (AASP) with the following components:. a)
Approval of the Planning Commission Draft of the AASP with modifications; b)
Approval of General Plan amendments to the Land Use Map, the Urban Reserve
Line, and the Street Classification Map; and c) Adoption of Findings of Significant
Environmental Effects and Mitigation Measures for the AASP, including Findings of
Overriding Consideration. 2. Introduce Ordinance No. 1481 (2005 Series) to adopt
the development standards contained in the AASP and rezone those properties in
the Airport Area that are currently within the City, and pre -zone the unincorporated
properties. 3. Adopt Resolution No. 9727 (2005 Series) establishing area - specific
development impact fees for transportation system improvements and plan
preparation. 4. Adopt Resolution No. 9728 (2005 Series) allowing Airport Area
properties to pay a fee in -lieu of dedicating open space; motion carried 4:1
(Mulholland opposed).
BUSINESS ITEM
Council Member Brown recused himself from Item 2 because the project is within the vicinity
of his business. He left the Council Chamber at this time.
2. AUTHORIZATION OF EXCLUSIVE PROPERTY NEGOTIATIONS FOR PARKING LOT
#2.
Economic Development Manager Stanwvck provided Council with a background of the
proposal, displayed a map of the project area, provided an overview of the conceptual '
proposal, and reviewed existing policies that provide guidelines for the type of project
being proposed. She also discussed the two major City goals relevant to this project and
City Council Meeting
Tuesday, August 23, 2005 - 7:00 p.m.
Page 3
the role it would play in implementing various existing land use policies. She explained
why exclusive negotiations are appropriate and discussed the purpose of the negotiation
period, issues that must be addressed during the negotiation period, and preliminary
information that will be required for this process. She closed with a review of the next
steps in this process and the CAD recommendation.
Staff responded to questions and indicated that additional study on parking and other
impacts will have to be considered carefully as the project proceeds.
Hamish Marshall, WestPac Development, Inc., provided a background of WestPac's
decision to become involved in this project and the status of the project to date. He
reviewed the preliminary proposal and discussed ways in which the project will meet the
City's goals and objectives.
George Garcia, Garcia Architect Designs, displayed and discussed a visual presentation of
the preliminary conceptual plan for the project. His presentation included a project
summary and statistics. He and Mr. Marshall responded to Council's questions.
Public Comments
Andrew Carter, San Luis Obispo, spoke in support of the project, but asked Council to keep
the parking fund whole as part of the process.
—end of public comments—
Council Member Settle spoke in support of the proposal and noted that the project will keep
the downtown viable.
Vice Mayor Ewan noted that the Unreinforced Masonry (URM) project is triggering
innovative uses downtown. He said that he believes this project will put the parking lot to a
higher use and bring vitality to the downtown.
Council Member Mulholland expressed concern regarding the height of the buildings,
overloading the narrow streets and infrastructure, increased traffic and the possible loss of
the uniqueness of the downtown as new projects are developed. She said that there is a
need for a cumulative impact study of the downtown as well as an environmental impact
report. She discussed the value of going out to bid on this property. She said she doesn't
think a three -story parking garage should be in the middle of the downtown core.
Mayor Romero supported the proposal, but expressed concern regarding the following
issues:
The water table may be too high for underground parking. If it is not possible to
build, then another location should be found for easy public parking (i.e., working
with the developer on the Wells Fargo site).
• Parking needs to be retained for public purposes.
• Circulation may be a problem because of increased traffic on already- congested
streets.
• Consideration should be given to making the interior circulation of the parking
structure clockwise since that is more functional (i.e., enter on Broad Street, exit on
Marsh Street).
' There may be a historic garden wall in the parking lot and he expressed concern
regarding destroying it if that is the case.
• The parking lot entrances need to be raised to prevent flooding.
City Council Meeting
Tuesday, August 23, 2005 — 7:00 p.m.
Page 4
The 120 -day negotiation period may be too short because of upcoming holidays and
should be extended by 30 days.
Council Member Settle concurred and suggested that the negotiation period be extended.
CAO Hampian clarified that some of the issues raised by the Mayor will be explored during
the negotiation period, but that others are very detailed in nature and will be examined at
the time a formal application has been submitted.
ACTION: Moved by Settle/Ewan to 1. Authorize the Mayor to execute a 150 -day
exclusive negotiating agreement (ENA) with WestPac Investments, Inc. for the
purpose of exploring their Garden Street Terraces Proposal and to allow time to
assess the impacts of the proposal, the feasibility and type of real property
transactions necessary, the scope of the development review process, and provide
for the involvement of the community in the process. 2. Authorize the CAO to
negotiate a reimbursement agreement with WestPac Investments, Inc. to fully cover
the costs of consultant assistance for economic analysis and appraisal services;
motion carried 3:1:1 (Mulholland opposed, Brown recused).
Council recessed at 8:32 p.m. and reconvened at 9:45 p.m. Council Member Brown
returned to the Council Chamber at this time.
3.
URBAN FRINGE.
Community Development Director Mandeville, LAFCO Executive Director Paul Hood, and
Associate Planner Hook presented the report, which included a review of Council's prior
direction and the subsequent action by the Planning Commission, a background of the
purpose of the Cortese - Knox - Hertzberg Act driving this update to the Sphere of Influence
(SOI), components of the S01 and how it differs from an Urban Reserve Line, the need for a
City-County Memorandum of Agreement, and an in -depth review of the proposed SOI Study
Areas. The presentation included an overview of the differences between the Planning
Commission's and Staff's recommendations.
Public Comments
Mayor Romero called for general public comments on the SOI Update.
Andrew Carter, Planning Commissioner, discussed the Planning Commission's
recommendations related to SOI Study Areas #4 and V. He explained that they wanted to
include property on both sides of any roads in the City's sphere. They also wanted to let the
County know that the Planning Commission thought the City should have control over
property south of Buckley Road. He also discussed the Commission's concerns related to
the California Men's Colony and the recommendation to exclude it from the SOI Update.
Public comments were also received throughout the discussion of each proposed SOI Study
Area.
S01 Study Area #1 - County Request
Carol Florence. Principal Planner with Oasis Associates, explained that the County wants to
annex this area because of an interest in developing the property with City services.
City Council Meeting Page 5
Tuesday, August 23, 2005 — 7:00 p.m.
' Council discussion followed during which staff responded to questions. Council Members
Brown and Settle, Vice Mavor Ewan and Mayor Romero supported including this area.
Council Member Mulholland opposed inclusion of this property because it is above the 460 -
foot development limit line and City policies don't provide for services to this area. She said,
however, that she is in favor of approving the Memorandum of Understanding.
ACTION: Consensus was 4:1 (Mulholland opposed) to include SOI Study Area #1 in
the SOI boundary adjustments.
SOI Studv Area #2 - Flora Street
Rachel Kovesdi, representing property owners in the Gold Tree area, explained that these
property owners have begun a coordinated effort to annex this area.
Barrie Cleveland said he owns 13 acres in this area and asked that his property be included.
He pointed out that 500/6 of his property is already in the SOL
Carol Florence. representing Twissleman and Filipponi properties, spoke in favor of including
this property.
During the ensuing discussion, Council Member Settle, Vice Mayor Ewan, and Mayor Romero
spoke in support of inclusion.
Council Member Mulholland opposed inclusion, expressing her concern about future sprawl
and the lack of need to do this since the property is above the 460 -foot development limit line.
ACTION: Consensus was 4:1 (Mulholland opposed) to include SOI Study Area #2 in
the SOI boundary adjustments.
SOI Studv Area #3 - Harmonv Wa
Charles Felix, Guy Hackman and Charles Putnam, San Luis Obispo, opposed including this
area in the SOI because of the risk of development.
Carol Florence, representing the Brown family, spoke in support of the proposal and
explained that the City's 4:1 open space policy could be accomplished by including this area.
Andrew Carter explained that the Planning Commission has not yet seen a project for this
area and pointed out that the east end of Harmony is above the 460 -foot development limit
line.
During the ensuing discussion Council Member Mulholland, Vice Mayor Ewan, and Council
Members Brown and Settle opposed inclusion of this area because of its potentially adverse
impact on the neighborhood.
Mayor Romero disagreed and explained why he thinks it would be more appropriate, if the
property is to develop, for it to develop under the City's auspices.
ACTION: Consensus was 4:1 (Romero opposed) to exclude SOI Study Area 03 in the
' SOI boundary adjustments.
SOI Study Area #4 - Rural Orcutt
City Council Meeting
Tuesday, August 23, 2005 — 7:00 p.m.
Page 6
The following County residents (Hansen Road) spoke in opposition to including this area in
the SOI boundary. Their concerns related to future annexation and development: Eldora
Warkintin, Mary LaPorte, Marsha Fischbeck, William Fischbeck, Mike Jones, Marcy Adams,
Robin Corbett , and Hann Corbett
At this time, City Attorney Lowell reported that Vice Mayor Ewan has a potential conflict of
interest in this area related to his business, following which Vice Mayor Ewan recused himself
and left the meeting.
Council Member Brown opposed including this area because of lack of interest on the part of
property owners.
Council Member Mulholland concurred and expressed continuing concern regarding the
potential for sprawl.
Discussion followed regarding the feasibility of including the 107 -acre area at Tank Farm and
Orcutt, and excluding the other areas.
ACTION: Consensus was 3:1:1 (Mulholland opposed, Ewan recused) to include the
107 -acre area at Tank Farm and Orcutt in the boundary adjustment and exlude the
other areas in SOI Study Area #4.
Vice Mayor Ewan returned to the Council Chamber at this time.
SO1 Study Area #5 - Riahetti Hill
Council Member Mulholland opposed including this area at this time as it may be brought into
the City as open space with Orcutt development. The other Council Members supported
inclusion.
ACTION: Consensus was 4:1 (Mulholland opposed) to include SO1 Study Area #5 in
the SOI boundary adjustments.
SOI Study Area #6 - Broad Street Commercial
Carol Florence said that she represents several projects that are well into the County's
development review process and requested that for that reason the inclusion of this area be
deferred at this time.
ACTION: Consensus was 4:1 (Mulholland opposed) to include SOI Study Area #6 in
the SOI boundary adjustments.
SO1 Study Area #7 - Avila Ranch Area
There was no public comment on this area.
ACTION: Consensus was 4:1 (Mulholland opposed) to approve the staff
recommendation to include SO1 Study Area #7 (excluding the area south of Buckley
Road) in the SO1 boundary adjustments.
Study Area #8 '
City Council Meeting
Tuesday, August 23, 2005 — 7:00 p.m.
Page 7
Carol Florence , representing the Madonna family, said an application has been submitted to
LAFCO for annexation. She noted that she also represents the Filipponi family and supported
the inclusion of this area.
ACTION: Consensus was 4:1 (Mulholland opposed) to include SO1 Study Area #8 in
the SO1 boundary adjustments.
Study Area #9 - Cerro San Luis
Because of a potential conflict of interest related to his business, Vice Mayor Ewan recused
himself and left Council Chamber.
Pamela Jardini, Planning Solutions and representing Dan Duval, said there are no future
development plans on these properties. She and Carol Florence, representing Congregation
Beth - David, said they wanted this area to be included.
Kalvin Kelley and Cynthia Lee, Foothill and O'Connor, asked that this area be excluded.
Following a brief discussion, Council Members Brown and Settle and Mayor Romero
supported inclusion of this area.
Council Member Mulholland opposed including this property because the lots are small and
the area has been developed. She was also concerned that the density would increase if the
area is annexed.
ACTION: Consensus was 3:1:1 (Mulholland opposed, Ewan recused) to include SO1
Study Area #9 in the SO1 boundary adjustments.
Vice Mayor Ewan returned to the Council Chamber at this time.
SOI Study Area #10 - California Men's Colony
There was no public comment on this area.
ACTION: Consensus was 5:0 to exclude SO1 Study Area #10 from the SOI boundary
adjustments.
CAO ACTION: Moved by SettletBrown to adopt Resolution No. 9729 (2005 Series):
1) supporting recommended approval of a revised Sphere of Influence with
amendments as indicated above, and 2) recommending the Board of Supervisors'
approval of a Draft Memorandum of Agreement (MOA) which has been slightly
revised for clarification since Planning Commission review, as described in
Attachment 3; motion carried 4:1 (Mulholland opposed the motion because it
included the revised Sphere of Influence but indicated her support of the MOA).
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:15 p.m. to Tuesday, September 6, 2005, at 7:00 p.m. in the Council Chamber,
990 Palm Street, San Luis Obispo. / . , /
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 9/6/05 U