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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 City Council Meeting Page 4 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. 1 1 1 City Council Meeting Page 5 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. City Council Meeting Page 6 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 1 1