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HomeMy WebLinkAbout01/17/2006MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 17, 2006 - 5:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, and Mayor Dave Romero were seated at Roll Call. Council Member Paul Brown was seated at 5:05 p.m. and Vice Mayor Allen K. Settle was seated at 5:08 p.m. City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; John Mandeville, Community Development Director; John Callahan, Fire Chief; John Moss, Utilities Director; Robert Horch, Parking Services Manager; Todd Beights, Parks and Urban Forest Supervisor; Ron Combs, City Arborist; Gary Henderson, Water Division Manager; Tim Bochum, Deputy Director of Public Works; Claire Clark, Seismic Coordinator/Interim Economic Development Manager; Tom Baasch, Chief Building Inspector; Phil Dunsmore, Associate Planner. Al. APPOINTMENTS TO THE 2006 COUNCIL COMPENSATION COMMITTEE. City Clerk Hooper presented the staff report. ACTION: Moved by Ewan/Mulholland to make appointments to the Council Compensation Committee, effective immediately and sun - setting upon presentation of its recommendations to the City Council, and direct them to: a) review the full Council compensation package and make recommendations to the City Council no later than May 1, 2006, and b) review compensation for Planning Commission and Architectural Review Commission members in conjunction with its review of Council compensation; motion carried 4:0:1 (Settle absent). CONSENT AGENDA Eric Greening, Atascadero, asked questions regarding item C3 (contract for seismic analysis of Salinas Dam). His concerns were related to whether this item had a connection to the expansion of the dam's capacity, costs related to the transfer of ownership, and responsibilities of the local governments as a result of the transfer. Gary Fowler, San Luis Obispo, spoke in opposition to item C6 (donation of a fire engine to La Paz, Mexico). City Council Meeting Tuesday, January 17, 2006 - 5:00 p.m. Page 2 Gary Henderson, Water Division Manager, responded to Mr. Greening's questions. He clarified that the action before Council deals with the existing dam and not the expansion project. Costs are not known at this time. Fire Chief Callahan and Fire Captain James responded to Mr. Fowler's questions and clarified that the employees driving the vehicle to the border are volunteering their time for this purpose. ACTION: Moved by Mulholland/Settle to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY, JANUARY 3, 2006. ACTION: Moved by Mulholland/Settle to waive oral reading and approve as amended (memorandum on file in the City Clerk's office); motion carried 5:0. C2. ADOPTION OF ORDINANCE NO. 1489 (2006 SERIES) CLARIFYING THE APPEAL PERIOD FOR THE TREE REGULATIONS IN THE MUNICIPAL CODE. ACTION: Moved by Mulholland/Settle to adopt Ordinance No. 1489 (2006 Series); motion carried 5:0. C3. APPROVE CONTRACT WITH URS CORPORATION FOR SEISMIC ANALYSIS OF SALINAS DAM. ACTION: Moved by Mulholland/Settle to 1. Approve the contract with URS Corporation (URS) for seismic analysis of the Salinas Dam in the amount of $225,989 and authorize the Mayor to execute the contract. 2. Approve transferring $230,000 from existing project balances that are either completed or not proceeding as originally anticipated in order to fund this work, including $4,011 for contingencies; motion carried 5:0. C4. AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT. ACTION: Moved by Mulholland/Settle to 1) approve an agreement with AEG Cycling that is in substantially the same form as the version provided with the agenda report for the City of San Luis Obispo's participation in the Amgen Tour of California cycling event since the outstanding terms of the agreement have been addressed to the City's satisfaction, and 2) authorize the Mayor to execute the final agreement; motion carried 5:0. C5. TRENCH REPAIR 2006, SPECIFICATION NO. 90618. ACTION: Moved by Mulholland/Settle to: 1. Approve plans and specifications for "Trench Repair 2006, Specification No. 90618." 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 $105,000; motion carried 5:0. C6. DONATION OF A SURPLUS 1983 MACK FIRE ENGINE. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9758 (2006 Series) authorizing the Fire Chief to proceed with the donation of the 1983 Mack fire engine to the City of La Paz, Mexico; motion carried 5:0. City Council Meeting Tuesday, January 17, 2006 - 5:00 p.m. Page 3 C7, NEW BISHOP WATER TANK SPECIFICATION NO, 90232B. ® ACTION: Moved by Mulholland/Settle to: 1. Approve the plans and specifications for the "New Bishop Water Tank," Specification No. 902326. 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 $1.5 million; motion carried 5:0. C8. ACTION: Moved by Mulholland/Settle to approve a reimbursement agreement with Source Commercial Group in an amount not to exceed $204,625.56 for "oversizing" of public improvements at the intersection of Orcutt Road at Broad Street; motion carried 5:0. PUBLIC HEARING 919 PALM PARKING STRUCTURE RATES. Deputy Public Works Director Bochum presented the staff report. He and CAO Hampian responded to Council's questions. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. Council Member Mulholland raised concerns regarding Section 4 of the resolution (special event parking rate); i.e., how it would be implemented and which events would benefit. Council Member Mulholland moved to delete Section 4 from the resolution. Council Member Ewan seconded the motion for discussion. Following discussion, the motion failed 1:4 (Brown, Ewan, Settle, Romero opposed). ACTION: Moved by Ewan/Romero to adopt Resolution No. 9759 (2006 Series) with the deletion of Section 4; motion passed 4:1 (Brown opposed). Council also directed staff to determine whether a special event parking rate is feasible for the Tour of California and, if so, to report back to Council with a recommendation at the February 7th Council meeting. BUSINESS ITEMS 2. STATUS REPORT: UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM. Assistant City Administrative Officer Stanwvck introduced this item, following which Seismic Coordinator/interim Economic Development Manager Clark presented the staff report. Public Comments None were forthcoming. —end of public comments- City Council Meeting Tuesday, January 17, 2006 - 5:00 p.m. Page 4 ACTION: Received the status report of the Unreinforced Masonry Hazard Mitigation Program. 3. WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS. Utilities Director Moss introduced this item, following which Water Division Manager Henderson presented the staff report and responded to Council's questions. Public Comments None were forthcoming. ---end of public comments— Council Member Mulholland expressed concern regarding the suggestion of a possible water rate increase in the staff report. However, she, Mayor Romero and Council Member Ewan concurred that the project is critical. ACTION: Moved by Mulholland/Brown to authorize staff to proceed with finalization of the plans and specifications for the Water Treatment Plant Master Plan Improvements and increase the project total budget from $8,943,600 to $13,406,800; motion carried 5:0. CLOSED SESSION City Attorney Lowell announced that following a dinner break, Council would convene for a Closed Session at 6:45 p.m. He stated that the Closed Session conference would involve anticipated litigation as indicated below. He explained that the session 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)(1) and (b)(2) ONE (1) POTENTIAL CASE City Affomey Lowell reported that the Closed Session conference was held as announced. 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. PUBLIC COMMENT Anne Brown, property owner in San Luis Obispo, expressed concern related to the City's Fire and Life Safety Inspection Program. She said she has six units and the fees are higher for her units than for a larger complex. Following a brief discussion, CAD Hampian said that staff will provide Ms. Brown with additional information and will return to Council with a status report of the program in the fall of 2006. John Altman. San Luis Obispo, discussed his concerns with the traffic light at the intersection of Santa Barbara and Upham. He suggested a red light camera should be installed. Other - City Council Meeting Tuesday, January 17, 2006 - 5:00 p.m. Page 5 concerns he had were the lack of activity on the Bill Roalman bicycle boulevard and safety issues at the intersections of Laurel and Orcutt, as well as Bullock and Sacramento. Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. Terry Mohan, San Luis Obispo, discussed his concerns regarding the Planning Commission's approval of an apartment complex on Sacramento Street, including his opposition to the reduction of parking spaces and to the project's location in an industrial area. Don Hedrick San Luis Obispo, concurred with comments regarding development on Sacramento Street, discussed his concerns about flooding of the creeks that flow through the Damon Garcia Sports Fields, and questioned actions by the Planning Commission and Architectural Review Committee since there are vacancies on these advisory bodies. PUBLIC HEARINGS 4. APPEAL OF THE TREE COMMITTEE'S DECISION TO DENY A TREE REMOVAL REQUEST AT 313 PATRICIA DRIVE. Public Works Director Walter presented the staff report. Mayor Romero opened the public hearing. Kelly Wood, property owner, displayed a photograph showing the proximity of the tree to the house and explained why she is requesting the removal of the tree. Mayor Romero closed the public hearing. City Arborist Combs responded to questions. Tree Committee Chair Lopes explained that. because the Tree Committee must work with findings contained in the Tree Regulations, it was unable to approve the removal of the tree. Discussion followed during which Council supported the removal of this particular tree because of the damage the root system will do as the tree continues to grow. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9760 (2006 Series) upholding an appeal of a tree removal request at 313 Patricia Drive and directing that it be replaced with a 24 inch box tree and that it be a tree from category #2 of the City's Master Street Tree List; motion carried 5:0. 5. CONSIDERATION OF A TENTATIVE TRACT MAP TO FINALIZE A CONDOMINIUM CONVERSION FOR TWENTY MULTI - FAMILY RENTAL APARTMENT PROPERTIES AT 2975 ROCKVIEW (TR 167 -05). Associate Planner Dunsmore presented the staff report. Mayor Romero opened the public hearing. Pamela Jardini, Planning Solutions and representative for the applicant, explained why the developer has withdrawn his original request to install a remote read water meter system. City Council Meeting Page 6 Tuesday, January 17, 2006 - 5:00 p.m. She encouraged the City to consider remote read systems when future changes are made to the subdivision ordinance. Mayor Romero closed the public hearing. Utilities Director Moss referenced the utility billing enhancement study which is in process and which will investigate remote read systems. ACTION: Moved by SettlelEwan to adopt Resolution No. 9761 (2006 Series) approving the tentative tract map to allow individual sale of twenty condominium units at 2975 Rockview Place, based on findings and subject to conditions and code requirements; motion carried 5:0. Council Member Ewan declared that he will recuse himself on the following item because he has done business with the developer. He left the meeting at this time. 6. CAO Hampian made some opening remarks, following which Community Development Director Mandeville and Associate Planner Dunsmore presented the staff report. They, Dan Gilmore , Utilities Engineer, and John Moss, Utilities Director responded to Council's . questions. Mayor Romero opened the public hearing. Jeff Edwards, representing the owner, Jay Poindexter, displayed and discussed a conceptual rendering of the project at full build out, aerial photographs and a close -up inset of the proposed project He explained why they do not think neighborhood connectivity is feasible and why the existing tree line provides a substantial visual buffer. He responded to Council's questions. A brief discussion followed regarding traffic conditions and concerns and the proposed private sewer behind lots 1 through 4. Larry Parker, San Luis Obispo, owner of lot 4, discussed his opposition to the proposal as outlined in his a -mails to Council (on file in the City Clerk's office). Richard Zweifel, San Luis Obispo, owner of lot 5, also spoke in opposition to the proposal as outlined in letters to the Council from he and his wife (on file in the City Clerk's office). Horace Morana, owner of lot 6, read a letter to Council (on file in the City Clerk's office) containing his concerns about the proposed project. Pamela Zweifel' San Luis Obispo, read a statement (on file in the City Clerk's office) addressing tier concerns and asking that these concerns be addressed before Council approves the annexation and development of the property. Michael Framberoer, San Luis Obispo, stated for the record that his wife has spoken to all members of the Council about the left -hand turn onto Foothill Boulevard from Los Cerros. He questioned the need to annex this area. I 1 LJ City Council Meeting Tuesday, January 17, 2006 - 5:00 p.m. Page 7 Mayor Romero closed the public hearing. Vice Mayor Settle said he would not support the project because of concerns specifically related to access in and out of the project, neighborhood connectivity issues, and issues related to the trail easement Council Member Brown said he didn't oppose CAO recommendations 1, 2 and 4. However, he had issues related to recommendation 3. He said he concurred with Vice Mayor Settle regarding safety issues. Council Member Mulholland stressed the importance of connectivity, pointed out the project will not add to affordability, opposed the design, and said there should be the maximum buffer at the urban reserve line. She also pointed out that the parking is inadequate. She made several suggestions for a project redesign. Mayor Romero discussed his concerns regarding subdivisions with non - standard streets. He explained why he didn't think a great deal would be gained with connectivity in this project He didn't oppose the 35 -foot buffer. However, he had concerns with the sewer force main. ACTION: Moved by Mulholland /Settle to adopt a resolution denying a Mitigated Negative Declaration, General Plan Amendment, Prezoning and Annexation for property located at 36 West Foothill and 4 Foothill Boulevard (TR/ER/TP/R/ANNX 124 -03) (Tract 2568), with the addition of language to address the following findings: the inadequacy of installing a sewer on another person's property and the inadequate buffer along the urban reserve line; motion failed 2:2:1 (Romero and Brown opposed, Ewan absent/recused).�- M -M - -� COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the Water Resources Advisory Committee meeting on January 4th and the Downtown Association Board of Directors meeting on January 10th. Mayor Romero reported on the January 11th Zone 9 Committee meeting, activities of the Performing Arts Center, and activities of the Community 2050 steering committee. COMMUNICATIONS Council Member Brown referred to the recent article in The Tribune recognizing the Grizzly Academy for its nationally acclaimed award. He asked whether Council would consider presenting a proclamation acknowledging the success of this program. Council concurred and he will make arrangements for the proclamation to be presented at the February 7th Council meeting. Council Member Brown asked that the San Luis Obispo student participating in the Tour of California be given recognition. It was agreed that Mayor Romero will send him a letter congratulating him on his involvement. Mayor Romero announced that the City will be accepting applications for vacancies on advisory bodies through January 31 st. City Council Meeting Tuesday, January 17, 2006 - 5:00 p.m. Page 8 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:55 p.m. to the next regular meeting on Tuesday, February 7, 2006, at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Hooper City Clerk APPROVED BY COUNCIL: 02107/06 V