HomeMy WebLinkAbout11/15/20051
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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.
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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.
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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
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City Council Meeting
Tuesday, November 15, 2005 - 6:00 p.m.
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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