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HomeMy WebLinkAbout11/15/20051 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 15, 2005 - 6:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Allen K. Settle, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero were present at Roll Call. Council Member Brown was seated at 6:30 p.m. 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; Monica Irons, Human Resources Director; John Callahan, Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Ron Whisenand, Deputy Director of Community Development; Michael Codron, Associate Planner; Tim Bochum, Deputy Director of Public Works; Neil Havlik, Natural Resources Manager; Doug Davidson, Housing Programs Manager CLOSED SESSION - 6:00 P.M. City Attorney Lowell announced the following Closed Session topics, following which Council adjourned to the Closed Session. City Attorney Lowell indicated that the first conference had been requested by Council Member Settle, who is asking Council for assistance with his defense in a Fair Political Practices Commission (FPPC) proceeding. Council Member Settle will not attend or participate in this conference. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 In the Matter of the Accusation Against: Allen K. Settle FPPC Case No. 99/804 — OAH No. L2005030449 Council Member Settle participated in the following Closed Session conferences. 2. CONFERENCE WITH LEGAL COUNSEL - Liability Claim Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Cynthia Kolec 3. CONFERENCE WITH LEGAL COUNSEL— Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) and (b)(2) One (1) potential case City Council Meeting Page 2 Tuesday, November 15, 2005 - 6:00 p.m. REGULAR SESSION - 7:00 P.M. CrtV Attorney Lowe first losed ession conference as referenced above reported reported that the C S was held to discuss a request from Council Member Settle to provide him with a defense in a pending FPPC proceeding. Council Member Settle was not present. After considerable discussion, Council took no action. The second conference was held as noted above. Council provided direction to staff on how to proceed. No further reportable action was taken. The third conference was held as noted above. Council determined it was appropriate to discuss this matter in Closed Session. No reportable action was taken at this time. PRESENTATIONS Mayor Romero presented a proclamation to Elizabeth "Biz" Steinberg, Chief Executive Officer, and Santos Arrona, Board Member, recognizing the Economic Opportunity Commission's 40th Anniversary. PUBLIC COMMENT The following people spoke regarding safety concerns on South Street as a result of a fatal accident which occurred on Halloween involving a child. They referenced a petition submitted by residents asking the City and Caltrans to address their concerns. The petition contained more than 700 signatures. They specifically asked for the installation of safety measures (including a flashing sign and crosswalks and lowering the speed limit). Jason Cooper, San Luis Obispo Ruth-Dawn Griffeth, San Luis Obispo Ginger Kibbe, San Luis Obispo Peter Rodgers, San Luis Obispo William Anderson, San Luis Obispo Approximately sixteen other residents stood and indicated concurrence with the prior speakers. A brief discussion followed during which CAO Hampian indicated that after further discussions with Caltrans staff, City staff will report back to Council on this matter. Gary Fowler, San Luis Obispo, distributed copies of and discussed the Penal Code related to posting of signs on public property. He spoke in opposition to a possible ballot measure for a sales tax increase. He reiterated his comments from a previous meeting that the new Fire Chief should repeal the multifamily housing inspection fee. Doug Carroll, San Luis Obispo, expressed appreciation for the expeditious lowering of the bus schedule signs on Islay and Chorro Streets, near the Salvation Army, in order to make them accessible to people in wheelchairs. Donald Hedrick, San Luis Obispo, registered a number of complaints related to the posting of meetings, his inability to obtain records, and the lack of response to his inquiries. He submitted his concerns in writing (on file in the City Clerk's office). Sifu Kelvin Harrison, San Luis Obispo, discussed his ongoing concerns regarding discrimination. C ri 1 City Council Meeting Tuesday, November 15, 2005 - 6:00 p.m. CONSENT AGENDA Council Member Mulholland stated that she would oppose Item C2. C1 C2. C3. C4. C5. C6. C7. Page 3 ACTION: Moved by SettlelMulholland to approve the Consent Agenda as recommended by the City Administrative Officer. With the exception of Item C2, the motion carried 5:0. Item C2 passed 4:1 (Mulholland opposed). MINUTES OF TUESDAY, NOVEMBER 1, 2005. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. FINAL ADOPTION OF ORDINANCE -NO 1483 (2005 SERIES) AMENDING CHAPTER 2.40 OF THE MUNICIPAL CODE (ELECTION CAMPAIGN REGULATIONS). ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1483 (2005 Series); motion carried 4:1 (Mulholland opposed). ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1484 (2005 Series); motion carried 5:0. ELLA STREET SEWER IMPROVEMENTS, SPECIFICATION NO. 90604. ACTION: Moved by Settle/Mulholland to 1. Approve plans and specifications for "Ella Street Sewer Improvement Project, Specification No. 90604." 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; motion carried 5:0. CONTRACT EXTENSION FOR COUNCIL CHAMBER CABLECAST OPERATIONS. ACTION: Moved by Settle/Mulholland to approve a one -year extension to the contract with KCBX/SLONET in an amount not to exceed $35,000 for Cablecast Operations and authorize the Mayor to execute the contract extension; motion carried 5:0. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. ACTION: Moved by Settle/Mulholland to receive and file annual statements of revenues and expenditures from development impact fees for 2004 -05 (water, wastewater and transportation); motion carried 5:0. PILOT PROGRAM: STREET LIGHT MONITORING SYSTEM. ACTION: Moved by Settle/Mulholland to approve transferring $16,400 in savings from the street light electrical service boxes project to fund a pilot program for a monitoring system to assess its effectiveness in proactively replacing lights rather than waiting until they bum -out; motion carried 5:0. City Council Meeting Page 4 Tuesday, November 15, 2005 - 6:00 p.m. C8. LOS OSOS VALLEY ROAD MEDIAN PROJECT - PHASE 2: SPECIFICATION NO. 90527. ACTION: Moved by Settle/Mulholland to 1. Approve plans and specifications for "Los Osos Valley Road Median Construction Project - Phase 2: Descanso to Prefumo Canyon Road, Specification No. 90527" and authorize staff to advertise for bids. 2. Appropriate $150,000 in approved State grant revenue to the project budget. 3. Authorize CAD to award the contract if lowest responsible bid is within available funds for this project; motion carried 5:0. C9. DONATED SPONSORSHIP OF "PREVENTION MINUTE" CRIME PREVENTION RADIO PROGRAM. ACTION: Moved by Settle/Mulholland to approve the proposed donated sponsorship by SESLOC Federal Credit Union of the Police Department's "Prevention Minute" radio programming; motion carried 5:0. Mayor Romero reordered the agenda to consider Business Item 4 at this time. 4. NACIMIENTO PROJECT INTERIM FINANCING FOR DESIGN COSTS. Finance Director Statler presented the staff report. Public Comments None. —end of public comments— ACTION: Moved by Ewan/Settle to adopt Resolution No. 9746 (2005 Series) requesting the issuance and sale of bond anticipation notes by the San Luis Obispo County Financing Authority In an amount not to exceed $7,000,000 in order to fund the City's share of the Nacimiento pipeline design costs; motion carried 4:1 (Mulholland opposed). PUBLIC HEARINGS Deputy Director of Community Development Whisenand commenced the presentation of the following Public Hearing Items (1, 2 and 3) with a history of the Four Creeks project. He asked that Council receive the reports and public testimony for all three items at one time, and reviewed the actions Council would be asked to take. 1. STREET. CONSIDERATION OF PD REZONING (FROM M -PD TO R- 4-PD), TENTATIVE TRACT MAP APPROVAL AND ALLOCATION OF AFFORDABLE HOUSING FUNDS FOR THE 1 1 1 . L City Council Meeting Tuesday, November 15, 2005 - 6:00 p.m. 3. Page 5 TUMBLING WATERS PROJECT, A PLANNED DEVELOPMENT CONSISTING OF 178 DWELLINGS ON A 10.5 ACRE SITE (PD/TR 151 -03); 861 AND 953 ORCUTT ROAD. BROAD STREET. Staff Presentation Associate Planner Codron provided an overview of the project sites, discussed different components of the General Plan Amendment, development plans and standards for the Creekston and Tumbling Waters projects, entitlements, and findings required for approval. Housing Programs Manager Davidson noted the affordability -by- design aspects of the proposed developments. He specifically discussed the unique affordable housing components of the Tumbling Waters project, which will involve a public- private partnership utilizing a blending of State, local and private funding for affordable housing. Components of the Environmental Impact Report were discussed by staff as follows: Natural Resources Manager Havlik, biological resources; Deputy Director of Public Works Bochum, traffic and circulation; and Associate Planner Codron, noise, aesthetics and certification of the Final EIR. Associate Planner Codron reviewed the following changes that staff recommended be included in the resolutions and ordinances: Public Hearing Item 1 (General Plan Land Use Element Map and EIR). The references to TR/mm 3 on pages 33 (TR Impact 24) and 35 (TR Impact 29) of the CEQA Findings should be deleted and the findings replaced to reflect the finding for TR Impact 3. Public Hearing Items 2 and 3 - Ordinances rezoning the Tumbling Waters project site and the Creekston project site. Language should be added to the effect that "an open space easement shall be recorded covering the creek corridors and setback areas to provide for the long -term maintenance and preservation of the creeks to the approval of the City's Natural Resources Manager." Public Hearing Item 2 (Tumbling Waters) - Resolution approving the vesting tentative tract map and allocating affordable housing funds. Language should be added to the effect that: 1) "The final map and project CC &R's shall include disclosure statements and notifications regarding the potential for a grade separation to occur across the project frontage that may impact views in the future." 2) "The project CC &R's shall include disclosure and notification that the project is in an urban area and adjacent to an industrial zone, which includes uses that may cause noise, odors, and traff ic that are not typical in rural and suburban neighborhoods." Public Hearing Item 3 ( Creekston). The resolution should include language to the effect that "The proposed sewer and water lines shall be relocated away from the Southern California Gas Company Easement, to the approval of the Public Works Director and the Utilities Director." Staff responded to questions throughout the presentation. City Council Meeting Page 6 Tuesday, November 15, 2005 - 6:00 p.m. Council recessed from 9:00 to 9:10 a.m., following which the meeting reconvened with all I members present. Public Hearing James Murar, Applicant, provided an overview of the Tumbling Waters Village project (PH 2) and responded to Council's questions. Carol Florence , Principle Planner with Oasis Associates, provided an overview of the Creekston project (PH 3). She and Mario Alicon, Project Civil Engineer, responded to Council's questions. Mayor Romero opened the public hearing for all three Public Hearing items. Jerry Rioux, Executive Director of the SLO County Housing Trust Fund and representing the Workforce Housing Coalition, spoke in support of the projects because of the opportunity they provide for affordable housing within City limits. Patricia Wilmore, representing the Chamber of Commerce, also spoke in support of the project because of the workforce housing opportunities they will provide. Andrew Carter, San Luis Obispo, supported the rezoning requests and the Tumbling Waters Village project However, he opposed action on Public Hearing Items 1 and 3 becuase of the height of the lofts in the Creekston project and because he through through traffic should be permitted. He displayed and discussed photographs in support of his concerns. No other comments were forthcoming and Mayor Romero closed the public hearing. Council discussion ensued, during which staff and the applicants responded to questions. Council Actions 1. STREET. Council Member Settle and Vice Mayor Ewan supported the 57 -foot height of the lofts in the Creekston project, but wanted a roadway connection through that project. Council Member Brown supported the height of the lofts in the Creekston project. Council Member Mulholland expressed concern regarding the zoning density of the subject properties and suggested that the project be redesigned with less than the maximum density or the zoning should be medium density. She also suggested that a policy discussion should be held prior to making a decision relating to height exceptions and that the maximum number of stories anywhere in the City should be limited to three or four. She reviewed a number of concerns contained in the EIR. Mayor Romero supported the General Plan Amendment, but expressed concerns related to the EIR. He was not comfortable with the 57 -foot height of the lofts and thought a policy discussion should be held prior to making a decision related to this height. He said there should be two -way traffic in and out of both the Orcutt Road and the Broad Street City Council Meeting Tuesday, November 15, 2005 - 6:00 p.m. Page 7 driveways to the Creekston project and the road should go through and be designed so that it can handle delivery vehicles and garbage trucks. There was Council consensus that construction activities could be permitted on Saturdays. ACTION: Moved by Ewan /Settle to adopt Resolution No. 9747 (2005 Series) to: 1. Conceptually approve a General Plan Amendment to designate 17 acres of land from Services and Manufacturing to High Density Residential and Community Commercial. Direct staff to place the item on the Council's agenda for December 6, 2005, to coordinate final action with other General Plan Amendments scheduled for consideration before the end of the calendar year; and 2. Certify the Final Environmental Impact Report for the Four Creeks Project, including approval of findings for significant environmental effects, a Statement of Overriding Considerations and a Mitigation Monitoring Program. Council's motion included concurrence with the proposed 57 -foot high lofts, requiring a roadway connection through the Creekston project, revised language in the EIR to permit construction to occur on Saturdays, and the incorporation of the changes proposed by staff indicated above. Motion carried 4:1 (Mulholland opposed). 2. 10.5 ACRE SITE (PDJTR 151 -03); 861 AND 953 ORCUTT ROAD. ACTION: Moved by Settle/Ewan to introduce Ordinance No. 1485 (2005 Series) to approve the Tumbling Waters development plan, a new residential neighborhood with 178 dwellings as recommended by the Planning Commission. 2. Adopt Resolution No. 9748 (2005 Series) approving a Vesting Tentative Tract Map for the Tumbling Waters Project and allocating up to a maximum of $400,000 from the City's Affordable Housing Fund, which will be combined with State and developer funds and used for down payment assistance for 10 affordable homes within the project. The motion included approval of language in the ordinance related to the open space easement as indicated above and in the resolution related to disclosures to homeowners regarding grade separation and nearby industrial uses. The motion also included the replacement of language recommended in the Agenda Report for Creek setback findings 7 and 8 with the language contained in the Planning Commission resolution. The motion carried 4:1 (Mulholland opposed). 3. PD REZONING (FROM C -S -S TO R-4 -PD AND C -C-PD) AND TENTATIVE TRACT MAP Mayor Romero explained why he thinks this project needs to be redesigned. His concerns included: 1) the 25% parking reduction is too generous; 2) the project should be redesigned so access to the houses isn't through a commercial parking lot; 3) access in and out of the development is a problem and the driveway should be moved further east; and 4) the setback exception within 3 feet of the street on Orcutt Road raises compatibility issues. He also raised concerns regarding some of the allowed uses proposed for the property. ACTION: 1. Moved by Settle /Ewan to introduce Ordinance No. 1486 (2005 Series) approving the Creekston development plan, a mixed -use project consisting of 86 residential units and approximately 10,000 square feet of commercial floor area. 2. 1 Adopt Resolution No. 9749 (2005 Series) approving a Vesting Tentative Tract Map for the Creekston Project. The motion included revised language as recommended by staff, a road -way connection through the project, approval of the 57 -foot lofts, City Council Meeting Tuesday, November 15, 2005 - 6:00 p.m. Page 8 resolution of the gas line easement issues as indicated above, and a revision to the language in condition #12 to permit the Public Works Director to approve the public utility and street tree easements. In addition, the reference to Studios - Art, dance, martial arts, music, etc. under the allowed uses should be deleted. The motion carried 3:2 (Romero, Mulholland opposed). COUNCIL LIAISON REPORTS Council Member Brown discussed concerns of the Economic Opportunity Commission regarding funding and its ability to maintain service levels and hours of operation. Mayor Romero reported on his attendance at the November 2, 2005, San Luis Council of Governments (SLOCOG) meeting (memo on file in the City Clerk's office). Council Member Mulholland reported on her attendance at the Integrated Waste Management Authority meeting, the Mass Transportation Committee meeting and the Jack House Committee meeting on November 9, 2005. Vice Mayor Ewan reported his attendance at a recent Downtown Association meeting. COMMUNICATIONS Council Member Settle referred to correspondence from Robert Griffin regarding traffic concerns in the neighborhoods of Buchon, Pismo and Johnson. He asked that staff report back on this topic. Following a brief discussion, Council concurred that Mr. Griffin's suggestion would constitute a major work program and thus should be referred to the 2007 -09 goal- setting process. Council also directed staff to notify Mr. Griffin of how his concern was addressed and notify him of the dates for the goal - setting sessions. Vice Mayor Ewan initiated a discussion regarding the "Mayor's Climate Protection Agreement" (i.e., Kyoto's climate provisions). Council concurred that if this topic was addressed among the League of California Cities' resolutions adopted in October, there is no need to bring this matter back to Council for further discussion as staff can indicate Council's support. However, if this subject has not been addressed in the resolutions, it will be placed on a future agenda. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:50 p.m. to Tuesday, December 6, 2005, in the Council Chamber, 990 Palm Street, San Luis Obispo. 4, Audrey Hooper City Clerk APPROVED BY COUNCIL: 12/6105