HomeMy WebLinkAbout10/17/2006MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 17, 2006 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, John.Ewan, Christine Mulholland,
Vice Mayor Allen Settle and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City
Administrative Officer; Monica Irons, Director of Human Resources;
John Mandeville, Community Development Director; Jay Walter,
Public Works Director; Karen Jenny, Risk Manager; Doug Davidson,
Deputy Director Development Review; Philip Dunsmore, Associate
Planner
CLOSED SESSION
City Attorney Lowell announced the following Closed Session topic:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Karen Jenny, Monica Irons
Employee Organization: San Luis Obispo Police Staff Officer's Association
(SLOPSOA)
Following the Closed Session, City Attorney Lowell announced that the Closed Session was
held as announced. There was no reportable action at this time.
Mayor Romero presented a proclamation recognizing Rosemary Wilvert as 2007 Poet
Laureate of the Year.
Ms. Wilvert read a poem she'd written entitled, "Greenbelt Morning in San Luis Obispo."
PUBLIC COMMENT
Patricia Wilmore, Chamber of Commerce, expressed concern regarding the progress of the
seismic retrofit project in the Downtown. She asked Council to consider receiving its
progress report prior to January 2007, or to consider posting the relative risk rating that has
been prepared on the City's website.
John Fowler, San Luis Obispo, member of the Seismic Task Force for the Chamber,
commented on the importance of the seismic ordinance to Mission College Prep and the Old
Mission Church, as well as on the importance of the risk rating that has been posted to the
Chamber's website.
City Council Meeting
Tuesday, October 17, 2006 - 4:00 p.m.
Page 2
Because this matter will not be considered by Council before January, Council concurred that
the rating should be linked to the City's website.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal
harassment
CONSENT AGENDA
Council Member Mulholland referred to item C1, Contract for Consultant Services - Broad
Street Corridor Planning Program, and expressed her hope that time will be spent with the
contractor to set the table for their work in San Luis Obispo.
In response to Council Member Mulholland regarding item C4, Damon - Garcia Sports Fields
Temporary Overflow Parking Lot, Public Works Director Walter assured Council that the
projects being set aside to complete this one are not of utmost urgency and no grant
deadlines will be missed.
Mayor Romero referenced item C3, Emergency Storm Drain Project, and asked staff to move
forward with this project quickly to avoid potential construction job flooding problems.
Council Member Ewan referred to item C5, Extension of Lease Agreement with the Historical
Society, and said he had asked staff to provide the red file information on the fair market value
for the lease of the Carnegie Library (on file in the City Clerk's office).
ACTION: Moved by Mulholland/Ewan to approve the Consent Agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. APPROVAL OF A CONTRACT WITH RICK ENGINEERING FOR CONSULTANT
SERVICES IN CONNECTION WITH THE BROAD STREET CORRIDOR PLANNING
PROGRAM.
ACTION: Moved by Mulholland/Ewan to approve an agreement with Rick
Engineering for consultant services for the Broad Street Corridor Enhancement
Plan and authorize the CAO to execute the agreement for a total price not to exceed
$115,000; motion carried (5:0).
C2. ADOPTION OF ORDINANCE NO. 1498 (2006 SERIES).
ACTION: Moved by Mulholland/Ewan to adopt Ordinance No. 1498 (2006 Series), by
title only, modifying the zoning at 1106 Oceanaire Drive from R -2 -PD to R -3 (GP/R
45-06); motion carried (5:0).
C3. EMERGENCY STORM DRAIN PROJECT: RAMONA AT PALOMAR.
ACTION: Moved by Mulholland/Ewan to: 1) Authorize the CAO to approve plans and
specifications to advertise for emergency repair work on the storm drain located
near the intersection of Ramona and Palomar. 2) Authorize the CAO to award the
contract if it is within the engineer's estimate of $130,000. 3) Appropriate $145,000
from the unreserved General Fund balance for this emergency work for
construction ($130,000), contingencies ($13,000) and materials testing ($2,000);
motion carried (5:0).
C4. FUNDING FOR DAMON - GARCIA SPORTS FIELDS TEMPORARY OVERFLOW
PARKING LOT.
City Council Meeting
Tuesday, October 17, 2006 - 4:00 p.m.
Page 3
ACTION: Moved by Mulholland/Ewan to appropriate $90,000 from savings available
in the existing budget for temporary parking lot improvements at the Damon - Garcia
Sports Fields funded as follows: $44,900 from completed projects and $45,100 from
the CIP reserve; motion carried (5:0).
C5. EXTENSION TO LEASE AGREEMENT WITH THE HISTORICAL SOCIETY FOR THE
PROPERTY LOCATED AT 696 MONTEREY STREET (CARNEGIE LIBRARY).
ACTION: Moved by Mulholland/Ewan to approve an extension to the existing Lease
Agreement with the Historical Society for operation of the County Historical Society
at the Carnegie Library for an additional five -year term and authorize the CAO to
execute the Agreement; motion carried (5:0).
PUBLIC HEARINGS
AMENDMENTS TO CHAPTER 17 OF THE MUNICIPAL CODE, THE.ZONING
REGULATIONS, AND ENVIRONMENTAL REVIEW (R/TA,ER 226 -06).
Community Development Director Mandeville introduced this item and explained that staff
will recommend Council receive the presentation, open the public hearing and continue this
matter to November 14th for a more comprehensive review of the zoning ordinance, if
necessary.
Deputy Director Development Review Davidson presented the staff report.
Mayor Romero opened the public hearing.
Brett Cross, San Luis Obispo, representing Residents for QualiV Neighbors (RON), concurred
with the recommendation to continue this item to November 14 , at which time there will be
additional information from RON.
ACTION: Moved by Brown/Settle to continue this public hearing to the meeting of
November 14, 2006; motion carried (5:0).
2. APPEAL OF THE PLANNING COMMISSION'S ACTION REQUIRING CONDITIONS OF
APPROVAL FOR INCREASED CREEK SETBACK AND SIDE YARD SETBACK FOR AN
ADMINISTRATIVE USE PERMIT TO CONSTRUCT A NEW RESIDENCE ON THE SAME
LOT AS AN EXISTING RESIDENCE AT 148 BROAD STREET IN THE R -1 ZONE —148
BROAD STREET (AP 74 -03).
Community Development Director Mandeville Introduced this matter. He distributed a
communication from Gail Jacobsen (on file in the City Clerk's office) opposing the appeal.
Associate Planner Dunsmore presented the staff report. He and City Biologist Otte
responded to Council's questions.
Mayor Romero opened the public hearing.
Barry Jones, applicant and appellant, discussed the history of the project, explained why he
believes Conditions 2 and 16 are excessive and inconsisent with other approvals and should
be removed, and responded to Council's questions.
The following San Luis Obispo residents opposed the appeal: Greg Macedo. Therese Bavly,
Ralph Jacobsen, Richard Schmidt, Lisa Platt and David Platt. Their concerns included, in
part, that: the house is on the list of master historic resources and the new building should
be in keeping with the character of surrounding units; the property is a unique wildlife
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Tuesday, October 17, 2006 - 4:00 p.m.
corridor which could be degraded by the proposal; the second unit should follow the historic
pattern of smaller guest residents; two driveways is not a good design; the proposed height is
out of character with the neighborhood; and the creek setbacks are inadequate.
Heidi Rank San Luis Obispo, disagreed with the prior speakers, pointed out that there is
another unit in the neighborhood with a large footprint, and commented on the poor condition
of the units built in the 1950s.
City Attorney Lowell referred to his memo to Council (on file in the City Clerkl's office)
advising that background information regarding the resolution of a prior tree removal action
should not be used as a basis for action on the appeal.
Mayor Romero closed the public hearing.
Council discussion ensued during which Vice Mayor Settle, Council Member Brown, Council
Member Ewan and Council Member Mulholland spoke in support of the Planning Commission
recommendation to deny the appeal. During the discussion, Council Member Brown stated
for the record that he was disappointed in the manner in which the trees were removed and
clarified that the $2,000 paid by the appellant was a fine, not a fee.
Mayor Romero disagreed with the Planning Commission recommendation. He pointed out a
number of instances where buildings were allowed without a 20 -foot creek setback and
explained that the purposes of a creek setback are for handling flooding and to serve as a
wildlife corridor. He said that in this case the top of the bank is 40 feet from the creek and
with the proposed requirement, the setback would equate to 70 feet. He also discussed his
opposition to providing wildlife corridors within the City limits.
IT WAS MOVED BY MULHOLLAND/SETTLE TO: (1) UPHOLD THE PLANNING COMMISSION'S
RECOMMENDATIONS, (2) TO DIRECT THE ARCHITECTURAL REVIEW COMMISSION TO
REVIEW THE SIZE OF THE HOUSE IN CONTEXT WITH HISTORIC STRUCTURES ON THE
PROPERTY, AND (3) TO ELIMINATE THE SECOND DRIVEWAY.
Associate Planner Dunsmore responded to questions and explained that the second
driveway was recommended for the purpose of preserving the historic garage.
WITH THE CONCURRENCE OF COUNCIL MEMBER MULHOLLAND AND VICE MAYOR
SETTLE, THE REQUIREMENT TO ELMINATE THE SECOND DRIVEWAY WAS ELIMINATED
FROM THE MOTION.
ACTION: Moved by Mulholland/Settle to: (1) adopt Resolution No. 9849 (2006
Series ) denying the appeal, and upholding the Planning Commission's action to
approve the Administrative Use Permit based on findings and subject to conditions,
including conditions which require additional creek and side yard setbacks to
accommodate a wildlife corridor; and (2) direct the Architectural Review
Commission to look at the size of the house in context with the historic structures
on the property; motion carried (4:1, Romero opposed).
Council recessed at 6:04 p.m. and reconvened at 7:00 p.m. with all members present.
ANNOUNCEMENTS
Mayor Romero announced that the City is recruiting for members on the following advisory
bodies: Construction Board of Appeals, Jack House Committee, Mass Transportation
Committee, Tree Committee and Promotional Coordinating Committee. Interested residents
should contact the City Clerk's office.
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Tuesday, October 17, 2006 - 4:00 p.m.
Deputy Public Works Director Bochum discussed the joint effort of Caltrans and the City to
promote Halloween safety. He distributed Halloween Bags created as part of the safety bag
campaign. The bags will be given to children at the elementary schools and at the bike rodeo.
PRESENTATIONS
Ron DiCarli, Executive Director of the San Luis Obispo Council of Governments (SLOCOG),
discussed SLOCOG's findings related to the Dalidio Ranch Initiative. He noted that the
findings are the same as those presented to the Lenthall Committee. His presentation
included SLOGO's role, impacts of the project on regional transportation facilities, concerns
with the Initiative's traffic mitigation plan, potential impacts to regional funding, potential
solutions, and steps that should be taken should the measure pass. He and Deputy Public
Works Director Bochum responded to Council's questions.
David Murray, Branch Chief for Regional Planning, Development and Review, Caltrans,
discussed Caltrans' responsibility and the conclusions it has drawn regarding the Initiative.
His presentation was also the same as presented to the Lenthall Committee. Caltrans'
concerns relate to traffic circulation, hydrology and the potential for flooding on State Route
101, and the cost for the Prado Road interchange. He responded to Council's questions.
BUSINESS ITEMS
3. CONSIDERATION OF A POSITION ON MEASURE J (DALIDIO RANCH INITIATIVE).
Council Member Settle recused himself because he owns property in the vicinity of the project
area. He left the Council Chamber at this time.
Public Comments
The following people spoke in support of the Measure J.
Mary Jo Devitt, San Luis Obispo
Tobias Brekke, San Luis Obispo
Lee Ferrero, Los Osos
Randall Tognazzini, Arroyo Grande
Cathie Babb, San Luis Obispo
Kathie Haley. San Luis Obispo
Gary Fowler, San Luis Obispo
Dane Senser, San Luis Obispo
Vic Montgomery, San Luis Obispo
Jerry Michael, San Luis Obispo, RRN Design
Bob Mulroonev, San Luis Obispo
Sean Fitzpatrick Templeton
Judy Mulrooney, San Luis Obispo
Michelle Tasself, San Luis Obispo
Ron Rusconi, San Luis Obispo
The following people spoke in opposition to Measure J:
Donald Hedrick San Luis Obispo
Allen Settle, San Luis Obispo
Ira Winn, San Luis Obispo
Jan Marx. San Luis Obispo
Eugene Jud, San Luis Obispo
Michael Boswell, San Luis Obispo
Cal Wilvert , San Luis Obispo
Rosemary Wilvert, San Luis Obispo
Ricahrd Kranzdolf, San Luis Obispo
Linda Seeley, San Luis Obispo
Dee LaBarre, San Luis Obispo
Mila Vugoviche- LaBarre, San Luis Obispo
Steve LePell, San Luis Obispo
Evelyn Delmartini and Bill Thoma, both of San Luis Obispo, asked Council not to take a
position on the Initiative.
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Tuesday, October 17, 2006 - 4:00 p.m.
—end of public comments —
Council recessed from 9:00 p.m. until approximately 9:15 p.m. '
Due to technical problems with the broadcasting equipment, the Agenda was reordered at this
time to hear Council Liaison Reports and Communications.
Vice Mayor Settle returned to the dais for this portion of the meeting.
COUNCIL LIAISON REPORTS
Mayor Romero reported on his attendance at the San Luis Obispo Council of Governments
(SLOCOG and the San Luis Obispo Regional Transportation Authority (SLORTA) meetings on
October 4 . (His written reports are on file in the City Clerk's office.)
Vice Mayor Settle reported on his attendance at a recent LAFCO meeting.
Council Member Mulholland reported on her attendance at the October a Water Resources
Advisory Body meeting and the October 6m Men's Colony Citizens Advisory Body meeting.
COMMUNICATIONS
In response to CAD Hampian, Council concurred to reschedule the January 2, 2007, meeting
to January 91h, and the January 16"' meeting to January 23, 2007.
3. CONSIDERATION OF A POSITION ON MEASURE J (DALIDIO RANCH INITIATIVE).
Vice Mayor Allen again recused himself and left the meeting at this time.
In response to Council Member Mulholland, City Attorney Lowell explained that staff has not
conducted an in -depth analysis of Measure J, although in June Council was provided with a
preliminary analysis. He noted that the County Counsel's Impartial Analysis of the measure
references potential legal problems to be resolved at some time in the future.
Council discussion ensued, following which Council members concurred to take no action on
this item.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:20 p.m. to Tuesday, November 14, 2006, in the Council Chamber, 990 Palm
Street, San Luis Obispo.
Audrey
City CIE
APPROVED BY COUNCIL: 11/14106
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