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HomeMy WebLinkAbout07/18/2006MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 18, 2006 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Vice Mayor Allen Settle and Mayor Dave Romero were present at Roll Call. Because Council Member Brown could not participate in item B1, he was absent for this item and was seated at 5:45 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; Bill Statler, Finance Director; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; John Callahan, Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Claire Clark, Economic Development Manager; Brigitte Elke, Principal Administrative Analyst; Barbara Lynch, City Engineer; Pam Ricci, Senior Planner; Carolyn Dominquez, Finance Manager; Rachael Hendricks, Human Resources Analyst; Dave Hix, Water Division Manager BUSINESS ITEM 1. APPROVAL OF MEMORANDUM OF UNDERSTANDING INVOLVING THE CITY'S PARKING LOT NUMBER TWO. Assistant CAO Stanwyck and Economic Consultant Allan Kotin presented the staff report and responded, They and CAO Hampian responded to questions. Public Comments Hamish Marshall, developer with WestPac Investments, San Luis Obispo, discussed the need for the Memorandum of Understanding (MOU), noted the future benefits the City would realize from the project, and responded to questions. He distributed a document depicting the location of the proposed project in comparison with existing downtown hotels (on file in the City Clerk's office). Todd Newman, San Luis Obispo, spoke in favor of the MOU. Pete Evans, San Luis Obispo, asked for clarification regarding financing and said that the staff report resolved many of his concerns. Gary Fowler. San Luis Obispo, supported the MOU since it is non - binding, but raised concerns, some of which pertained to the future project which is not under consideration at this meeting. His concerns included issues related to off -street parking, water table, loss of City Council Meeting Page 2 Tuesday, July 18, 2006 - 4:00 p.m. restrooms and art work. He questioned whether City funds have been set aside or spent on this project. Brett Cross, San Luis Obispo, opposed the MOU, explained why he believes a request for proposals should have been issued for this property. Billy Foppiano, San Luis Obispo, also expressed concern and concurred with comments made by Mr. Cross. Pea Pinard, San Luis Obispo, spoke in opposition to the proposed MOU, concurred with the prior speakers, and questioned whether the MOU is in compliance with the City's property management guidelines. —end of public comments — Assistant CAO Stanwvck, CAO Hampian, City Attorney Lowell and Mr. Kotin addressed concerns and questions raised by the prior speakers. Vice Mayor Settle, Council Member Ewan and Mayor Romero spoke in support of the MOU. Council Member Mulholland opposed the MOU. Her comments and concerns included, in part, that revitalization is occurring and mixed use already exists in the downtown, the project will result in a loss of retail space, exclusive negotiations are inappropriate and community input should be obtained regarding the disposition of the property, and there is opposition to increased height limits. ACTION: Moved by Settle/Ewan to approve a Memorandum of Understanding (MOU) with WestPac Investments, Inc. (WestPac) which outlines the principles for a series of transactions affecting the City's Parking Lot Two (Lot 2), should a project similar to the proposed Garden Street Terraces be approved after going through the usual development and environmental review processes; motion carried 3:1:1 (Mulholland opposed/Brown absent/recused). Council Member Brown was seated at this time. CONSENT AGENDA Mayor Romero called for public comments. None were forthcoming. City Attorney Lowell referred to item C8, Parks and Recreation Commission Bylaws, and indicated that staff is recommending that the last sentence of II.B., Membership, be revised to read: "Members are subject to a term limit of eight consecutive years." Mayor Romero stated that because he participated in only one agenda item at the June 20, 2006, meeting, he would abstain from approval of the minutes, item C1. 1 1 Council Member Ewan stated that he would recuse himself from item C2, Conservation Easement - Boysen Ranch, because he is doing business with the Madonna family. Council Member Mulholland said she would oppose item C3, Request for Proposal - Chinatown Project, because she has concerns about the project in general, some of which have been voiced previously. I City Council Meeting Tuesday, July 18, 2006 - 4:00 p.m. Page 3 Council Member Mulholland said she would oppose item C6, Federal Equitable Sharing ' Agreement, because she does not support federal forfeiture laws. Mayor Romero noted the request for corrections to the minutes (item Cl). ACTION: Moved by Settle(Brown to approve the Consent Agenda as indicated below. C1. APPROVE MINUTES OF JUNE 20.2006, REGULAR AND SPECIAL MEETINGS. ACTION: Moved by Settle/Brown to waive oral reading and approve the minutes with corrections to comments made by Council Member Mulholland related to item PH5 (page C1 -8 of agenda report, as indicated in red file item on file in the City Clerk's office); motion carried 4:0:1 (Romero abstained). ROAD. ACTION: Moved by SettleBrown to approve Resolution No. 9815 (2006 Series) authorizing the Mayor to accept the offer of dedication of a conservation easement covering approximately 0.06 acre of the 116 acre Boysen Ranch property, subject to non - substantive changes approved by the City Attorney, or as may be required by the U.S. Army Corps of Engineers; motion carried 4:0:1 (Ewan recused). C3. REOUEST FOR PROPOSAL REQUESTING AN ENVIRONMENTAL IMPACT REPORT AND ARCHAEOLOGICAL CONSULTANTS FOR THE CHINATOWN PROJECT. ACTION: Moved by Settle/Brown to: 1) Approve the work scope for Environmental Impact Report (EIR) and archaeological field work consultant services in connection with the Chinatown Project and authorize staff to proceed with sending out Request for Proposal (RFP) documents to qualified consulting firms. 2) Authorize the CAO to award the contract to a qualified consulting firm for the EIR, contingent upon the developer depositing with the City the amount of the contract plus a 30% administrative fee. 3) Authorize the CAO to award the contract to a qualified consulting firm for archaeological field work services, contingent upon the developer depositing with the City the amount of the contract plus a 30% administrative fee; motion carried 4:1 (Mulholland opposed). C4. PURCHASE OF VEHICLE EXHAUST EXTRACTION SYSTEM FOR ALL FIRE STATIONS. ACTION: Moved by SettletBrown to: 1) Approve Specification #90621 for the purchase and installation of vehicle exhaust extraction systems for all four fire stations, authorize soliciting of bids and authorize contract award by the CAO if the proposed amount is less than $179,500. 2) Appropriate $179,500 for this project: $161,525 from grant revenues and $17,975 from the unreserved General Fund balance; motion carried 5:0. C5. ACCEPTANCE OF ALCOHOLIC BEVERAGE CONTROL GRANT. ACTION: Moved by Settle/Brown to adopt Resolution No. 9816 (2006 Series) accepting an Alcoholic Beverage Control grant award in the amount of $40,614 and authorizing the Chief of Police to execute all grant related documents; motion carried 5:0. City Council Meeting Tuesday, July 18, 2006 - 4:00 p.m. Page 4 C6. FEDERAL EQUITABLE SHARING AGREEMENT. ACTION: Moved by Settle/Brown to authorize the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement that will allow the City to receive federally forfeited assets from adjudicated narcotics cases, pursuant to the federal equitable sharing program; motion carried 4:1 (Mulholland opposed). C7. ALRITA PUMP STATION REPLACEMENT PROJECT. ACTION: Moved by Settle/Brown to: 1) Approve the plans and specifications for the Alrita Pump Station Replacement Project, Specification No. 90234B, and authorize staff to advertise for bids. 2) Authorize the CAO to award the contract if the lowest responsible bid is within the engineer's estimate of $419,800. 3) Authorize the transfer of up to $116,000 to the project account from the Water Distribution Master Plan Implementation account; motion carried 5:0. C8. RESOLUTION ESTABLISHING PARKS AND RECREATION COMMISSION BYLAWS. ACTION: Moved by Settle/Brown to adopt Resolution No. 9817 (2006 Series) establishing Parks and Recreation Commission Bylaws with the following revision to the last sentence of II.B., Membership: "Members are subject to a tern limit of eight consecutive years "; motion carried 5:0. PUBLIC HEARINGS 2. FLOOD ORDINANCE REVISION. Public Works Director Walter and City Engineer Lynch presented the staff report and responded to questions. Mayor Romero opened the public hearing. None were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Ewan to introduce Ordinance No. 1494 (2006 Series) revising Chapter 17.84 Flood Damage Prevention Regulations of the Municipal Code; motion carried 5:0. CLOSED SESSIONS City Attorney Lowell announced the following Closed Session topics, following which Council adjourned to the Closed Session in the Council Hearing Room at 6.05 p.m.: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 485 Buckley Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Ercole and Naomie Brughelli Negotiations: Whether to acquire easement City Council Meeting Tuesday, July 18, 2006 - 4:00 p.m. CONFERENCE WITH LABOR NEGOTIATORS ' Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Irons, Rachael Hendricks Employee Organization: Fire Battalion Chiefs' Association 1 1 Page 5 Following the Closed Session, Council reconvened the meeting at 7.00 p.m. with all Council Members present. City Attorney Lowell reported that the Closed Session was held as announced previously. Regarding topic 1, Council directed staff to bring back a tentative agreement for adoption at the August 1st Council meeting. Regarding topic 2, Council directed staff to pursue acquisition of an easement and bring the final agreement back to Council at a meeting in the near future. A moment of silence was held in honor of former Council Member R. L. Graves who recently passed away. Utilities Director Moss introduced new Water Treatment Plant Operator, Paul Brewer. Wastewater Division Manager Hix introduced new Water Reclamation Facility Operator, Tom Tingley and Laboratory Analyst, Christina Hines. Community Development Director Mandeville introduced new Deputy Director of Development Review Doug Davidson, and Deputy Director of Long Range Planning Kim Murry. Fire Chief Callahan presented Certificates for Exemplary Public Service to Seth Williams, who called for assistance for his mother and provided her with emergency medical attention until the paramedics arrived. He also presented a certificate to Patricia Knight, Megan Borges, Tara Flores and other employees of the Bella Gente Full Service Salon for assisting a customer in need of emergency medical attention. Police Chief Linden presented Frank Hernandez with a Certificate of Commendation for extraordinary action in helping to keep the community safe by assisting in the apprehension of a repeat offender. Police Chief Linden unveiled the Police Department Sesquicentennial Badge that was designed in celebration of the City's 150th anniversary. She also noted that the history of the Police Department is included on its website. Finance Director Statler acknowledged Finance Manager Carolyn Dominguez for her role in the City's receipt of an Award for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada. Mayor Romero acknowledged a Certificate of Appreciation given to the City from the Maxine Lewis Shelter for the City's financial support of the Shelter. City Council Meeting Tuesday, July 18, 2006 - 4:00 p.m. Page 6 PUBLIC COMMENT Tenn Mohan. San Luis Obispo, discussed his concerns related to the reduced parking requirement in the residential portion of the mixed use project at 2238 Broad Street. His other concerns regarding this project were raised under PH4 as part of his appeal. Ly- Ian.Lofgren, volunteer with Community Counseling Center, discussed the short -term counseling services offered by the Center. Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding harassment. Carol Melton, San Luis Obispo, displayed photographs depicting and discussed her concerns regarding the height of the weeds on Los Osos Valley Road. Nick Campbell, Atascadero, asked Council to be cautious when considering the height of buildings in the downtown. PUBLIC HEARINGS Council Member Ewan declared that he would recuse himself from item PH3 because he is doing business with the developer, and PH4 because the project is in the vicinity of his business. He left the Council Chamber at this time. 3. TENTATIVE TRACT MAP PROPOSAL FOR A 9 -UNIT CONDOMINIUM DEVELOPMENT (2932 AUGUSTA. TRIER 159 -05). Senior Planner Ricci presented the staff report. Mayor Romero opened the public hearing. Garth Kornreich. Architect, displayed an elevation and clarified that the project is in scale with the surrounding properties. Carol Melton. San Luis Obispo, asked for an estimated market price; however, that information could not be provided. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9818 (2006 Series) approving a tentative tract map and Mitigated Negative Declaration of environmental impact for a 9 -unit condominium development located at 2932 Augusta Street (TRIER 159 -05); motion carried 4:0:1 (Ewan absent/recused). APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO APPROVE Senior Planner Ricci and Deputy Director Public Works Bochum presented the staff report. �1 i Mayor Romero opened the public hearing. 1 City Council Meeting Page 7 Tuesday, July 18, 2006 - 4:00 p.m. Terry Mohan, appellant, San Luis Obispo, discussed what he considered to be inadequacies ' in the traffic mitigation for this project and provided the following recommendations: 1) that only right turns be permitted for vehicles exiting Roundhouse onto Santa Barbara; 2) that the setbacks offered for the proposed extension across the tracks to Bishop Street be returned; 3) that additional residential parking be required for this returned setback area; 4) that the Broad Street and the South Street intersection be mirrored and that the northern crosswalk be eliminated; 5) that a traffic signal be installed at Alphonso and Broad Streets; and 6) that with the installation of a signal at Alphonso, the roundabout be moved to the Alphonso cul de sac in anticipation of a connection with Victoria Street. Debbie Rudd, RRM Design Group, reviewed the process undertaken and the vision for this project and provided a traffic comparison of the Village at Maymont with the Albertson's store that was previously located on the site. Mayor Romero closed the public hearing. City Attorney Lowell noted, for the record, the receipt of a letter from the Law Offices of William S. Walter, the attorneys representing the applicant (on file in the City Clerk's office). Deputy Director Public Works Bochum addressed Mr. Mohan's concerns and recommendations and responded to Council's questions. A brief discussion followed during which Council Members indicated they would support the CAO recommendation. Council Member Mulholland expressed concern, however, that Council does not have an opportunity to review projects of this size. She pointed out that the word "shall" should have been used in traffic mitigations 36a and 36c. She said she did not think Alphonso is a good location for a signal and would favor the Woodbridge signal over that one. ACTION: Moved by Brown/Settle to adopt Resolution No. 9819 (2006 Series) denying the appeal and upholding the Architectural Review Commission's action to approve the project and a Mitigated Negative Declaration, based on findings; motion carried 5:0. Council Member Ewan returned to the Council Chamber at this time. 5. REVENUE BALLOT MEASURE IN NOVEMBER 2006. CAO Hampian introduced this item, following which Finance Director Statler presented the staff report and responded to Council's questions. Council recessed at 9:16 p.m. and reconvened at 9:26 p.m. with all members present. Public Comments The following speakers spoke in support of the proposed 1/2 cent sales tax increase and placing the measure on the ballot for November 2006. Dale Strobridae President of the San Luis Obispo Police Officers Association Marta Peluso. Executive Director of Arts Obispo Lee Ferrero. Los Osos City Council Meeting Tuesday, July 18, 2006 - 4:00 p.m. Page 8 Carl Dudley, San Luis Obispo Erik Baskin, President of City Firefighters Local 3523 Bill Thoma, San Luis Obispo David Garth, Chamber of Commerce Pierre Rademaker, San Luis Obispo Sandi Sigurdson, San Luis Obispo Jeff Buckingham, Business Owner/Member of Chamber Board in SLO Richard Kriet, San Luis Obispo Agatha Reardon, San Luis Obispo Ken Schwartz, San Luis Obispo Bill Almas, San Luis Obispo Steve DelMartini, San Luis Obispo (Mr. DelMartini also suggested that the measure should include a six -year sunset clause.) Gary Fowler, San Luis Obispo, supported placing the measure on the ballot, but explained why he would not support its passage —end of public comments— Each Council Member spoke in support of placing the measure on the ballot and concurred with Council Member Mulholland's recommendation to include an eight -year sunset clause, instead of ten years as proposed in the CAO recommendation. ACTION: Moved by Brown/Ewan to 1. Adopt Resolution No. 9820 (2006 Series), incorporating the change to Section as recommended in a red file memorandum from the City Attorney (on file in the City Clerk's office) placing for submission to the voters a question relating to a general purpose 1/2-cent sales tax measure for a tern of eight years at the general municipal election to be held on November 7, 2006. 2. Introduce Ordinance No. 1495 (2006 Series), subject to subsequent voter approval in November 2006, establishing a general-purpose 1/2-cent sales tax for a term of eight years; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the June 24th reception at the Maxine Lewis Memorial Shelter that she and Council Member Brown attended. She also reported on her attendance at the June 30th Citizen Advisory Committee meeting at the California Men's Colony (CMC), as well as on her attendance at CMC's July 14th commencement. Vice Mayor Settle reported on his attendance at a recent LAFCO meeting. Mayor Romero reported on his attendance at the June 29th Performing Arts Center Commission meeting. He also reported on his attendance at the July 14th Mayors' City Selection Committee meeting, at which Vice Mayor Settle was appointed to the Airport Land Use Commission. COMMUNICATIONS Council Member Mulholland asked Council to consider adopting a resolution that was sent to Council Members from John Enders, representing the Natural Resources Defense Council, requesting support for the protection of California parklands. I City Council Meeting Tuesday, July 18, 2006 - 4:00 p.m. Page 9 Council directed the City Attorney to send a letter of support if the request falls within Council's legislative priorities. If a resolution is required, this matter will be placed on the next agenda. Council Member Brown complimented the rotary clubs and Parks and Recreation Department for the 4th of July event at Mitchell Park. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:37 p.m. to Tuesday, August 1, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 8/1/06 7 L-j F-7 Audrey He City Clerk