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HomeMy WebLinkAbout09/19/2006MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 19, 2006 - 7:00 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; John Mandeville, Community Development Director; Bill Statler, Finance Director; Phil Dunsmore, Associate Planner; Jaime Hill, Associate Planner PRESENTATIONS Mayor Romero presented a proclamation to Phil Cisneros, Chapter President, SLO County United Nations Association, and Melanie Sachs, member, SLO County United Nations Association, recognizing the International Day of Peace. Mayor Romero presented a proclamation to Ron Regier, Managing Director of the Performing Arts Center (PAC), recognizing the 10th anniversary of the PAC. Finance and Information Technology Director Statler introduced new employees Kelly Ahumada and April Kraft, Accounting Assistants, and Sally McAndrew, Revenue Supervisor. PUBLIC COMMENT Gary Fowler. San Luis Obispo, discussed his opposition to the revenue sales tax measure. He commended the Police Department on its responses to the graffiti hot line and in the expeditious removal of graffiti. Sifu Kelvin - Harrison. San Luis Obispo, discussed his continuing concerns regarding harassment. Adam Fukushima. SLO County Bicycle Coalition, distributed a flier about and discussed the Safe Routes to School sessions which will be held at Meadow Park on October 17'" and 18"'. CONSENT AGENDA Council Member Mulholland spoke in support of items C5 and C6. City Council Meeting Tuesday, September 19, 2006 - 7:00 p.m. Page 2 Council Member Ewan also spoke in support of item C5 and reiterated the City's goal of connecting both ends of the Railroad Safety Trail. Mayor Romero referred to item C5 and expressed concern about some of the conditions being set by Union Pacific Railroad. He asked that the motion Include encouragement for staff to negotiate with the Railroad to remove the condition requiring the City to construct fencing along the west side of the railroad right -of -way to deter pedestrian access. ACTION: Moved by Settle/Ewan to approve the Consent Agenda as recommended by the City Administrative Officer and indicated below; motion carried 5:0. C1. MINUTES OF TUESDAY, SEPTEMBER 5.2006. ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented; motion carried 5:0. C2. TRENCH REPAIR FALL 2006. SPECIFICATION NO. 90641. ACTION: Moved by Settle/Ewan to: 1) Approve plans and specifications for "Trench Repair Fall 2006, Specification No. 90641." 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 $115,648; motion carried 5:0. C3. TRAFFIC SIGNAL INSTALLATION HIGUERA & GRANADA.. SPECIFICATION NO. 90573. ACTION: Moved by Settle/Ewan to: 1) Approve plans and specifications for the 1 "Traffic Signal Installation at Higuera & Granada, Specification No. 90573." 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 $212,000. 3) Allocate $53,200 to the project from unappropriated Transportation Impact Fee (TIF) account. 4) Authorize the transfer of $20,000 from the design phase account to the construction phase account; motion carried 5:0. C4. APPROVAL OF TRANSIT SERVICE AGREEMENT BETWEEN CITY AND CAL POLY. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9841 (2006 Series) authorizing the execution of a Transit Service Agreement between the City and Cal Poly and authorize the CAO to execute the Agreement; motion carried 5:0. C5. CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT GRANT - RAILROAD SAFETY TRAIL PHASE 4. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9842 (2006 Series) certifying that the City will provide a match of $60,200 (10 0k) for the recently awarded California Department of Transportation (Caltrans) Bicycle Transportation Account (BTA) grant in the amount of $541,800 (90 %) for use in the construction of Phase 4 of the Railroad Safety Trail. The motion included encouragement for staff to negotiate with the Railroad to remove the condition requiring the City to construct fencing along the west side of the railroad right -of -way to deter pedestrian access; motion carried 5:0. City Council Meeting Tuesday, September 19, 2006 - 7:00 p.m. Page 3 C6, REQUEST FOR PROPOSALS FOR COMMUNITY INFORMATION AND OUTREACH SERVICES FOR THE WATER CONSERVATION, SOLID WASTE REDUCTION, ENERGY AND STORM WATER POLLUTION PREVENTION PROGRAMS. ACTION: Moved by SettlelEwan to approve the request for proposals (RFP) for Community Information and Outreach Services, and authorize contract award by the CAO, if the selected proposal is within the approved budget of $67,500 for a one - year contract; motion carried 5:0. C7. AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE 2006. (LOWELL) ACTION: Adopted Resolution No. 9845 (2006 Series) amending the City's Conflict of Interest Code. (Clerk's note: this item was an addendum to the Agenda.) PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT FROM MEDIUM - DENSITY RESIDENTIAL TO MEDIUM -HIGH DENSITY RESIDENTIAL AND REZONING FROM R -2 -PD TO R -3 AND A MINOR SUBDIVISION TO ALLOW THE CONVERSION OF AN EXISTING INDOOR RECREATIONAL FACILITY INTO A RESIDENTIAL CONDOMINIUM UNIT AT THE WINDERMERE CONDOMINIUMS (LOS OSOS VALLEY ROAD AND OCEANNAIRE). (GP/R/ER/MS 45-06). Associate Planner Dunsmore presented the staff report. Mayor Romero opened the public hearing. Cindy Lewis, Associate Planner and Agent for the developer, explained that this project was initiated as a result of vandalism, exposure to liability and the need to make significant repairs to the complex as a result of its age. She also explained why the 10 -foot pedestrian access easement required by the Planning Commission poses a difficulty. She asked Council to approve the project without the condition for the easement. Glen Matteson. Member of the City's Bicycle Advisory Committee (BAC), discussed the benefits that result from improved bicycle connections between neighborhoods. He pointed out that this project offers a unique opportunity to provide a link to the schools. He said that the BAC has included this link in its draft plan that is in process. Speaking as an individual, he encouraged the applicant's representative and Homeowner's Association to consider other types of easements that provide some type of access. Adam Fukushima, SLO County Bicycle Coalition, spoke In support of the easement and said the Coalition would be amenable to any plan whereby there could be a bridge across the creek. He explained why this project is an example for improving infrastructure that would have a benefit on pedestrians as well as cyclists. Kevin Christian, San Luis Obispo, said that while he is Chair of the BAC, he was speaking as a citizen. He discussed his and his daughter's experiences riding bicycles to her school and urged Council to keep the easement as recommended. He also asked that it be referenced as a bicycle as well as pedestrian access easement. He noted that the easement supports the Safe Route to Schools Program. Jay Holm, resident of Windemere Condominiums and representing the Board of Directors, discussed the Board's objections to the easement. He asked Council to approve the project without the condition requiring the easement. City Council Meeting Tuesday, September 19, 2006 - 7:00 p.m. Page 4 John Altman, San Luis Obispo, spoke of his and his daughter's experiences riding their I bicycles to her school and asked Council to require the easement. Mayor Romero closed the public hearing. Council Member Mulholland supported the project, but opposed the easement. She said she did not see a nexus between the project and the easement. She also explained why she did not think it was realistic to build a bridge across the creek and suggested that it would be more feasible to create an easement on the sidewalk for the bicycles. Council Member Brown said that while he would like to see an improvement to the current situation, he concurred with Council Member Mulholland. Community Development Director Mandeville and Associate Planner Dunsmore suggested that it may be feasible to retain an easement so that if the adjacent property is developed in the future, the easement could be developed at the same time. They also indicated that it may be possible to move several of the parking spaces to the front of the project, but suggested the easement be secured at this time to provide for flexibility in the future. Council Member Ewan commented on the difficulties of making a left -hand turn from Los Osos Valley Road onto Oceanalre. He pointed out, however, that if the easement is required, Council must make a commitment to ensure that the connection will be built to the park on Vista Lago. He clarified that it may be possible to retain the easement with a maximum loss of four parking spaces. Vice Mayor Settle said that he preferred establishing a bicycle lane on the sidewalk, but that he would agree to the requirement for an easement with a maximum loss of four parking spaces, conditioned on the installation of the bridge. Mayor Romero said that he could not find a nexus for the easement and noted that it was unlikely a bridge would be built. He suggested developing a proposal for improving the sidewalk and bicycle path on Los Osos Valley Road, such as narrowing the street and widening the sidewalk. Discussion continued, following which Vice Mayor Settle clarified his motion as indicated below. ACTION: Moved by Settle/Ewan to: 1) Approve Resolution No. 9843 (2006 Series) amending the General Plan Land Use Element map to change the land use designation for the site from Medium Density Residential to Medium -High Density Residential, approving a minor subdivision to allow the recreation unit to be sold as a condominium unit and approving a Negative Declaration (ER 45 -06). 2) Introduce Ordinance No. 1498 (2006 Series) changing the zoning on the subject property from R -2 PD to R -3. The . motion included an amendment to Condition 2, to condition acceptance of an easement upon the City's construction of improvements to allow a pedestrian and bicycle path and bridge over the creek to access the existing park on Vista Lago and to result in the loss of no more than four parking spaces; motion carried 5:0. Council recessed from 8:25 until 8:37 p.m. and reconvened with all members present. 2. APPROVE CONDOMINIUM PROJECT — 33 RESIDENTIAL UNITS/ 3 COMMERCIAL UNITS (577.579 MARSH STREET AND 1213. 1221 NIP_OMO STREET) (BERMANT HOMES. TR 36 -06). City Council Meeting . Page 5 Tuesday, September 19, 2006 - 7:00 p.m. Associate Planner Hill presented the staff report. She and Deputy Community Development Director Davidson responded to Council's questions. Mayor Romero opened the public hearing. Scott Hopkins, Project Architecf/Pickert Group Architects, displayed elevations and photographs of the site, reviewed the floor plans, architecture, and the project's amenities, and responded to questions. Don Hedrick San Luis Obispo, discussed his opposition to the mixed use concept, stating that more commercial spaces are needed in the project. He also opposed the elimination of the storage space in the one - bedroom units. Andrew Carter, San Luis Obispo, said he was speaking as a private resident and not in his role as a Planning Commissioner. He explained why he was enthusiastic about the project, noted that it is complying with the City's height and parking requirements, and urged Council to support it. Patricia Wilmore, Chamber of Commerce, also spoke in support of the project and explained how it coincides with the Chamber's vision for the City as contained in the Chamber's Vision Document. Tenn Conner. San Luis Obispo, spoke in support of the project, asked questions for clarification that were answered by Mr. Hopkins, and said he didn't care for the palm trees. Mayor Romero closed the public hearing. In response to Mayor Romero, Mr. Hopkins explained why the request was made to eliminate the 200 cubic feet of lockable storage space in the one - bedroom units. Council Member Mulholland explained why she thought this project should be deferred until there have been community discussions regarding downtown heights and densities, and until the City's policies are clarified. Council Member Mulholland moved to deny the project without prejudice and to direct that it be brought back to Council, without resulting in extra fees, after the community-wide discussion has been held to clarify Downtown policies and how the community wants it to be developed. The motion failed due to lack of a second. Council Member Mulholland said she liked the subterranean parking. However, she expressed concern regarding the loss of views, shading issues during the winter solstice, the short commercial floors on the lower level, the loss of commercial space, and the street level dead zone that will result on Nipomo Street in the current design. Vice Mayor Settle supported the project because it complies with General Plan performance standards. In response to Council Member Ewan. Mr. Hopkins displayed and discussed the shading matrix. City Council Meeting Page 6 Tuesday, September 19, 2006 - 7:00 p.m. During the ensuing discussion, Council Member Ewan, Council Member Brown and Mayor Romero spoke in support of the project. ' ACTION: Moved by Ewan /Settle to: 1) Adopt Resolution No. 9844 (2006 Series) approving a tentative tract map and Mitigated Negative Declaration of environmental impact for a mixed -use project including 33 residential units and three commercial spaces at the southwest corner of Marsh and Nipomo Streets. 2) Grant a 27.5% density bonus and concession to waive the requirement for lockable storage for the nine one - bedroom units, in exchange for provision of 8% of the units as deed restricted for very-low income families (TR/ER 36-06); motion carried 4:1 (Mulholland opposed). COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the September 12th Downtown Association meeting, the September 11th five -year commemoration program at the Old Mission School, and the September 13th Integrated Waste Management Authority meeting. Mayor Romero reported on his attendance at a recent San Luis Obispo Council of Governments (SLOCOG) and San Luis Obispo Regional Transit Authority (SLORTA) meeting. (His written report is on file in the City Clerk's office.) He noted the meeting at the League of California Cities Conference during which he voted on the League's resolutions. He reported on the meeting of the City Selection Committee on September 15th. He also reported on his attendance at the Cal Poly "kick off' yesterday. COMMUNICATIONS Council Member Mulholland discussed and passed on information she received as a result of her attendance at the League of California Cities Conference from the California- Nevada Cement Promotion Council, including information about "pervious" concrete and a possible local demonstration. Vice Mayor Settle initiated a discussion related to Proposition 90, Regulation of Private Property. He expressed concern regarding the lack of media coverage related to this proposition in view of the adverse impacts that could occur with its passage. In response to City Attorney Lowell, Council agreed that he should prepare a resolution opposing Proposition 90 for consideration at the October 3`d Council meeting. Additional discussion regarding the League of California Cities Conference included mention of: A "Town- Gown" workshop that is being organized by U.C. Davis and will be held on October 12d'. A workshop on free wireless service (with a request for a memo from staff with more information on this matter). A presentation on "The Ten Factors You Need to Know about Government Financing." City Council Meeting Tuesday, September 19, 2006 - 7:00 p.m. Page 7 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:00 p.m. to Tuesday, October 3, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. - /�z i Audrey Ho r City Clerk APPROVED BY COUNCIL: 10/03106 '1 LJ