HomeMy WebLinkAbout02/06/2007MINUTES
' REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 6, 2007 - 6:30 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Andrew Carter, Vice Mayor Christine
Mulholland and Mayor Dave Romero were seated at Roll Call.
Council Member Allen K. Settle was seated at 6:35 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; Kim Murry, Deputy Director Community Development;
Doug Davidson, Deputy Director Community Development; Michael
Codron, Associate Planner
CLOSED SESSION
City Attorney Lowell announced the following Closed Session topic, after which Council
adjourned to the Closed Session.
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
City of San Luis Obispo v. Wayne A. Hanson, et al., San Luis Obispo County Superior Court
Case No. CV 050169
Following the Closed Session City Attorney Lowell reported that the Closed Session was held
as announced. There was no reportable action at this time.
REPORT ON SCOUTING IN THE COMMUNITY BY THE LOS PADRES AREA COUNCIL BOY
SCOUTS OF AMERICA
Emilee Hanson, Los Padres Area Council Boy Scouts of America District Executive,
discussed the 100 -year history of scouting, introduced Eagle Scout Tyler Fisher, Troop 5,
and recognized his Troop mates. Mr. Fisher discussed the benefits he and the community
have gained through scouting, and in particular through the completion of Eagle Scout
community service projects.
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Chuck Stevenson, County Long Range Planning Division Manager, said that the County
wants its Conservation Element to reflect to the degree possible what is contained in the
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Tuesday, February 6, 2007 - 6:30 p.m.
cities' Conservations Elements. He introduced James Caruso, County Senior Planner, who
has been assigned to the project of updating the County's Conservation Element. 1
Mr. Caruso discussed the different components that will be included in the update and said
that the County will work with City staff to ensure that land outside the cities' boundaries
(i.e., greenbelt, open space, views, etc.) are included to the degree possible in the County's
Conservation Element. He reviewed the next steps in the update process.
PUBLIC COMMENT
Lauren Laioie Frye, San Luis Obispo, distributed a flier (on file in the City Clerk's office)
regarding secondary dwelling units developed by Courtyard Cottages and expressed concern
regarding the complexity of the City's secondary dwelling ordinance, the length of the permit
process and the amount of the fees involved in constructing these units.
Mike Rice . San Luis Obispo, expressed concern about unimproved sidewalks in high
pedestrian use areas in the vicinity of Cal Poly.
Mayor Romero suggested that Mr. Rice speak with Public Works staff regarding his concerns
and expressed an interest in reestablishing the sidewalk program.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his concerns regarding personal
harassment.
Tim Golden, representing Blues Baseball, explained why he does not think it is feasible for
two baseball teams to use the Sinsheimer Stadium. He said he wanted an opportunity to
review with Council the information presented to the Joint Use Committee. 1
Rich Reynolds, also representing Blues Baseball, expanded Mr. Golden's concerns and
explained why he did not think the solution proposed by the Joint Use Committee is viable.
Gary Fowler, San Luis Obispo, explained why he did not think the City needs to purchase a
new ladder truck for the Fire Department.
CAO Hampian explained why the vehicle will be needed in the future and that different funding
options will be considered prior to its purchase.
Rick May San Luis Obispo, Joint Use Committee (JUC), discussed the processes in place and
used by the Joint Use Committee in resolving scheduling issues such as those raised by Mr.
Golden and Mr. Reynolds. He noted that Friday is the deadline for teams to meet and work
together in resolving this issue.
Tenn Mohan, San Luis Obispo, parishioner of Mission San Luis Obispo, asked Council to
grant time to the Mission to obtain funding to retrofit Old Mission and Mission Prep High
School.
Mayor Romero clarified that this request was dealt with and direction was given to staff.
CONSENT AGENDA
CAO Hampian referred to staff's red file recommendation (on file in the City Clerk's office) to
continue item of C5, Compensation Study, to provide staff with an opportunity to explore
the feasibility of surveying the private sector labor market as part of a compensation
philosophy.
City Council Meeting
Tuesday, February 6, 2007 - 6:30 p.m.
Page 3
' ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as
recommended by the City Administrative Officer, with the exception of C5, which was
removed from the agenda; motion carried 5:0.
C1. APPROVE MINUTES OF JANUARY 23.2007.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. ADOPTION OF AN ORDINANCE TO CREATE OFFICIAL. PLACARDS THAT ENABLE
THE CHIEF BUILDING OFFICIAL TO LEGALLY RESTRICT OCCUPANCY OF
BUILDINGS AFTER A DISASTER OCCURS.
ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1502 (2007 Series)
adding new Chapter 15.48 (Safety Assessment Placards) to Chapter 15 (Building
and Construction) of the San Luis Obispo Municipal Code; motion carried 5:0.
C3. SUBMITTAL OF GRANT APPLICATIONS FOR STATE TRANSIT ASSISTANCE (STA)
DISCRETIONARY FUNDS.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9869 (2007 Series)
which submits applications for 2006 -07 STA Grants to fund: 1) Evening Service
Extension — Pilot Program. 2) Bus Rapid Transit — Demonstration Program; motion
carried 5:0.
' C4. SAN LUIS OBISPO SWIM CENTER CHILDREN'S/THERAPY POOL PUBLIC ART.
ACTION: Moved by Settle/Mulholland to approve the public art piece entitled "Roots
and Wings" for the San Luis Obispo Swim Center Children's/Therapy Pool; motion
carried 5:0.
C5. RESOLUTION TO ADOPT A COMPENSATION PHILOSOPHY.
By consensus, Council agreed to continue this item to provide staff with an
opportunity to explore the feasibility of surveying the private sector labor market as
part of a compensation philosophy.
C6. IMPLEMENTATION ACTIONS: COLLECTION OF THE CITY'S LOCAL OPTION SALES
TAX.
ACTION: Moved by SettlelMulholland to approve the following implementation
actions for the collection and administration of the' /2 -cent local option sales tax
approved by the voters on November 7, 2006: 1) Adopt Resolution No. 9870 (2007
Series ) approving agreements with the State Board of Equalization (SBOE) for the
collection of the' /2 -cent local option sales tax and authorizing execution by the
Mayor. 2) Adopt Resolution No. 9871 (2007 Series) authorizing the City's sales tax
advisor (Hinderliter deLlamas) to receive transaction data from the SBOE in
providing the same revenue management services to the City for the local option
sales tax as our "regular" sales tax revenues; motion carried 5:0.
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Tuesday, February 6, 2007 - 6:30 p.m.
PUBLIC HEARINGS
1. PROPOSED GENERAL PLAN AMENDMENTS REGARDING DOWNTOWN BUILDING
HEIGHT AND RELATED MITIGATED NEGATIVE DECLARATION; DOWNTOWN CORE
(GPA/ER 50 -06).
Community Development Director Mandeville discussed the purpose of the proposed
amendment, based on the City Council direction from March 2006, and the process followed
in developing the recommendation, including the number of public hearings held and the
public participation process.
Associate Planner Codron presented the staff report, following which he and Community
Development Director Mandeville responded to Council's questions.
Mayor Romero opened the public hearing.
The following speakers supported the proposed General Plan amendments and approval of
the mitigated Negative Declaration. The reasons for their support included, in part, that the
amendments will provide needed flexibility in the downtown; be environmentally, energy and
resource efficient; reduce sprawl and preserve open space; promote downtown revitalization,
and provide affordable housing.
Mike Multari, San Luis Obispo
Lee Ferrero, Los Osos resident and employee in San Luis Obispo
John Ewan, San Luis Obispo
Patricia Wilmore, representing the Chamber of Commerce
John Campanella, Bermant Homes, Santa Barbara 1
Deborah Cash, Downtown Association Administrator
Tom Swem, San Luis Obispo, downtown property owner and member of the Downtown
Association Board of Directors
Bill Thoma, San Luis Obispo, member of Chamber of Commerce Task Force
Steve Barasch, representing SLO Property Owners Association
Carol Florence, Principle Planner with Oasis Associates, and Garden Street Design staff
The following people spoke in opposition to the recommendation. Some of their concerns
included the importance of open space, air and sunlight in the downtown; the unique
character of the downtown could be lost; there is a need to address parking issues; more
public input is needed; the ordinance is overly complex; there are a variety of lots and they
cannot be treated as equal; and the process should allow for an overlay and planned
development.
David Brodie, San Luis Obispo
Elisabeth Abrahams, San Miguel
Diane Duenow, San Luis Obispo
Joseph Abrahams, San Luis Obispo
Michael Sullivan, San Luis Obispo
Tenn Mohan, San Luis Obispo
Ken Schwartz, San Luis Obispo
Mayor Romero closed the public hearing.
Council recessed at 9:30 p.m. and reconvened at 9:40 p.m. with all members present.
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Tuesday, February 6, 2007 - 6:30 p.m.
During the ensuing discussion, Council Members Carter and Brown, and Mayor Romero
' concurred with the staff recommendation and spoke in support of the proposed amendments.
However, Mayor Romero expressed concern with the view of the new City parking structure
from Morro and Monterey Streets and said he would prefer if, rather than averaging the middle
of the building, there was a requirement that buildings be stepped or a maximum height of 75
feet -be established.
Vice Mayor Mulholland opposed the recommendation. She reviewed a number of sections of
the proposed amendments with which she had concerns or questions. In addition, she said
she was concerned with the lack of public participation in the process, applying blanket
policies to all downtown properties, the complexity of the ordinance, loss of views at the
sidewalk level, inadequate protection for historic structures, and an inadequate transportation
plan to address increased traffic in the downtown.
Council Member Settle also opposed the recommendation. He concurred that the
amendments are complex and supported the suggestion that there be overlay zones and
planned developments to provide the necessary flexibility.
ACTION: Moved by Carter /Brown to adopt Resolution No. 9872 (2007 Series)
amending the General Plan to clarity existing policies and provide for a moderate
increase to downtown building height and intensity limits, and approving a
Mitigated Negative Declaration of environmental impact for the project. The motion
included changing the references to obstruction to sunlight during winter solstice
hours from 11:00 a.m. to 3:00 p.m. to 10:00 a.m. to 3:00 p.m. for consistency with the
Conservation and Open Space Element; motion carried 3:2 (Mulholland/Settle
opposed).
' The following issues were raised earlier in the discussion. Council considered them at this
time and gave direction as indicated:
1. Assigning a specific number of policy objectives for levels of height increases.
Community Development Director Mandeville clarified that this is an issue that may be
considered by advisory body members. There was no Council consensus to provide
further direction on this issue.
2. New housing should be small and affordable.
Community Development Director Mandeville referred to LU 4.16.4, Building Height, which
contains a reference to this concept. There was no Council consensus to provide further
direction on this issue.
3. There is a need for a measurement of height for long, sloped blocks that will avoid
excessively high or building facades that are higher than the maximum at low points on the
block. By consensus, Council directed staff to investigate this issue.
2. TENTATIVE TRACT MAP PROPOSAL FOR A FIVE LOT SUBDIVISION WITH
06).
Prior to the staff presentation, Mayor Romero requested clarification from staff and Ms.
Flannery regarding a request for a continuance (on file in the City Clerk's office) by Michael
Scarcelli and Kathleen Flannery.
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Tuesday, February 6, 2007 - 6:30 p.m.
Associate Planner Codron presented the agenda report.
Mayor Romero opened the public hearing.
Kathleen Flannery, San Luis Obispo, expanded on her request for a continuance and reviewed
her objections to the project, including her belief that the project will have an adverse effect
on fish and wildlife resources and on the environment, and that the property cannot support
the proposed expansion. She also raised concerns about the trimming of shrubbery that is
on her property.
John Ferguson, property owner and co- applicant, discussed efforts that had been made to
address neighbors' concerns regarding the proposed project. He explained that a small
amount of selective trimming of the shrubbery was done and confirmed that a professional
survey of property lines was conducted.
Jeremy Fissell, property owner and co-applicant, discussed his development plans, said that
he was not contacted about the concerns related to trimming the shrubbery, and concurred
with Mr. Ferguson that a professional survey was conducted.
Mayor Romero closed the public hearing.
In response to Mayor Romero, Mr. Fissell discussed the proposed location for trash
containers and approvals received.
Community Development Director Mandeville responded to questions from Mayor Romero
regarding the requirement for a four -foot wide band of stamped concrete within the driveway.
Council Member Carter explained that he will oppose the recommendation because the
driveway easement on lot 3, which will benefit lot 2, will effectively reduce the useable size of
lot 3. In addition, because a fence has been planned along the edge of the easement on lot 3,
the useable size of the lot will be below the City's 6,000 foot minimum lot size.
ACTION: Moved by Settle/Brown to adopt Resolution No. 9873 (2007 Series)
approving a tentative tract map and Negative Declaration of environmental impact
for a five -lot subdivision with exceptions to lot depth standards, located at 2710
Augusta Street (TRIER 104 -06); motion carried 4:1 (Carter opposed).
COUNCIL LIAISON REPORTS
Vice Mayor Mulholland reported on her attendance at the January 20 Air Pollution Control
District meeting and the January 26d' California Men's Colony Citizens Advisory Committee
meeting.
Mayor Romero reported on the Mayors meeting of February 2nd, and the January 2e Creek
Walk at Mission Plaza with the California Gardens Club.
COMMUNICATIONS
Mayor Romero referenced a memo from City Clerk Hooper (on file in the City Clerk's office)
regarding the advisory body interview process. Council was not interested in revisiting its
direction of November 14, 2006.
Council Member Brown acknowledged the young people who took action to alert neighbors of
a fire at their home on Monday morning.
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City Council Meeting
Tuesday, February 6, 2007 - 6:30 p.m.
Page 7
In response to Council Member Carter, CAO Hamaian indicated staff will provide Council with
information about the code enforcement issues related to this fire.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:50 p.m. to Tuesday, February 20, 2007, in the Council Chamber, 990 Palm
Street, San Luis Obispo.
Audrey Hoo r
City Clerk
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APPROVED BY COUNCIL: 02/20/07