HomeMy WebLinkAbout04/17/2007ROLL CALL:
Council Members
Present: Council Members Paul Brown, Andrew Carter, Allen Settle, Vice
Mayor Christine Mulholland 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; Monica Irons, Human
Resources Director; Deborah Linden, Police Chief; John Callahan,
Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works
Director; Philip Dunsmore, Associate Planner; Barbara Lynch, City
Engineer; Keith Pellemeier, Urban ForesUContract Services
Supervisor; Ron Combs, City Arborist
' INTRODUCTIONS
Public Works Director Walter introduced new employees Jessica Sales, Administrative
Assistant in Parking Services, and Angela Thorpe, Parking Enforcement Officer.
PRESENTATIONS
Mayor Romero presented a proclamation to Keith Pellemeier, Public Works Supervisor
Urban Forest/Contract Services, recognizing April 21 sr as Arbor Day.
Downtown Association Administrator Deborah Cash and Beautification Committee Chair
Marshall Ochvlski presented a slide show and discussed the 2006 Downtown Beautification
Awards. A complete list of the winners is on file in the City Clerk's office.
PUBLIC COMMENT
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal
harassment.
Terry Mohan, San Luis Obispo, discussed his objections to Council's action on April 3,
2007, reducing some of the fees for the Multi- Dwelling Property Fire and Life Safety
Inspection Program.
Lauren Laioie Frye, San Luis Obispo, referenced a letter she sent to Council on April 13th
and asked Council to clarify the process for requesting fee waivers for affordable housing
units. (Ms. Frye's letter is on file in the City Clerk's office.)
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 17, 2007 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Andrew Carter, Allen Settle, Vice
Mayor Christine Mulholland 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; Monica Irons, Human
Resources Director; Deborah Linden, Police Chief; John Callahan,
Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works
Director; Philip Dunsmore, Associate Planner; Barbara Lynch, City
Engineer; Keith Pellemeier, Urban ForesUContract Services
Supervisor; Ron Combs, City Arborist
' INTRODUCTIONS
Public Works Director Walter introduced new employees Jessica Sales, Administrative
Assistant in Parking Services, and Angela Thorpe, Parking Enforcement Officer.
PRESENTATIONS
Mayor Romero presented a proclamation to Keith Pellemeier, Public Works Supervisor
Urban Forest/Contract Services, recognizing April 21 sr as Arbor Day.
Downtown Association Administrator Deborah Cash and Beautification Committee Chair
Marshall Ochvlski presented a slide show and discussed the 2006 Downtown Beautification
Awards. A complete list of the winners is on file in the City Clerk's office.
PUBLIC COMMENT
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal
harassment.
Terry Mohan, San Luis Obispo, discussed his objections to Council's action on April 3,
2007, reducing some of the fees for the Multi- Dwelling Property Fire and Life Safety
Inspection Program.
Lauren Laioie Frye, San Luis Obispo, referenced a letter she sent to Council on April 13th
and asked Council to clarify the process for requesting fee waivers for affordable housing
units. (Ms. Frye's letter is on file in the City Clerk's office.)
City Council Meeting Page 2
Tuesday, April 17, 2007 - 7:00 p.m.
Lorraine Bailey, San Luis Obispo,. asked Council to grant her a waiver of permit and impact
fees for a low income secondary dwelling unit and to modify a public works requirement for
her project. She referenced a letter to Council dated April 17 containing her concerns (on
file in the City Clerk's office).
In response to Council's direction, CAO Hampian clarified that staff is evaluating the
requests and will place this matter on a future agenda.
Robert "Ash" Vulgamore. San Luis Obispo, asked Council to, at a future date, consider
taking a more progressive step towards eliminating smoking during street fairs and other
special outdoor events and particularly on City property.
APPOINTMENTS
Al. APPOINTMENT OF NEW SAN LUIS OBISPO DOWNTOWN ASSOCIATION BOARD OF
DIRECTORS MEMBERS.
Downtown Association Administrator Cash presented the report. She also introduced new
member Ron Meier, who expressed his interest and involvement in the community and his
enthusiasm for the opportunity to serve on the Downtown Association.
ACTION: Moved by Brown/Carter to reappoint Doug Shaw, Pam Seeley, Ellen Henry,
and Alex Gough and appoint Ron Meier to the SLO Downtown Association Board of
Directors; motion carried 5:0.
CONSENT AGENDA
Council Member Brown declared that he will recuse himself on any discussion related to Item
C3, Request for Proposal, Environmental Impact Report and Archaeological Consultants for
the Garden Street Terraces Project, because his business is in the vicinity of the project.
Council Member Carter asked that item C3 be pulled from the Agenda for additional
discussion.
Vice Mayor Mulholland concurred that item C3 should be pulled. She referred to item C6, Use
of Gearhart/McBride Open Space for Turf Research by Cal Poly, and said she would oppose
this item because of the potential introduction of invasive grasses and potential use of
herbicides and insecticides. She also opposed acting on this matter without a contract in
place and without more information about potential liabilities.
In response to an inquiry by Council Member Settle regarding item C5, Polybutylene Service
Replacement Project, Utilities Director Moss confirmed that staff has thoroughly investigated
the matter of the manufacturer's liability for the failed materials. Based on that investigation,
staff believes the best course is not to take action against the manufacturer, but to proceed
with the replacement program.
ACTION: Moved by Settle/Brown to approve the Consent Agenda, with the exception
of item C3, as recommended by the City Administrative Officer; motion carried as
indicated below.
Council Member Brown recused himself and left the Council Chamber prior to the
discussion on item C3.
Cl. MINUTES OF APRIL 3.2007.
City Council Meeting
Tuesday, April 17, 2007 - 7:00 p.m.
C2.
Page 3
ACTION: Moved by Settle(Brown to waive oral reading and approve as presented;
motion carried 5:0.
ACTION: Moved by Settle/Brown to: 1. Authorize the specification for Janitorial
Maintenance Services, Spec. No. 90693. 2. Authorize staff to distribute the Request
for Proposals (RFP) and authorize the City Administrative Officer to execute an
agreement if contract prices are within the total annual amounts budgeted for this
work ($304,100); motion carried 5:0.
Item C3 was pulled for discussion and action after consideration of the other Consent
Agenda items. Council Member Brown had recused himself and left the Council Chamber
prior to the following discussion.
C3. REQUEST FOR PROPOSAL (RFP), ENVIRONMENTAL IMPACT REPORT (EIR) AND
ARCHAEOLOGICAL CONSULTANTS FOR THE GARDEN STREET TERRACES
PROJECT.
Council Member Carter said that he works fora company across the street from this
project. He explained that, following discussions with the City Attorney, receipt of an
opinion letter by the Fair Political Practices Commission (FPPC), and a review by an
independent consultant who analyzed his potential for an economic interest based on the
FPPC regulations, it was determined that he would not exceed the FPPC's thresholds. As a
' result, he will participate in the action before Council at this meeting and in further reviews
of the Garden Street Terraces project as it goes through the City's processes.
Community Development Director Mandeville presented an overview of the action before
Council. He discussed the purpose of the Request for Proposal (RFP) phase of the
environmental review process and explained that it is not intended to prescribe in detail
what the EIR will address. He and CAD Hampian referenced the scoping meeting that will
be held at an upcoming Planning Commission meeting.
Jesse Norris, San Luis Obispo, said that although he supports the development, he had
concerns about the loss of parking spaces.
Terry Mohan, San Luis Obispo, asked Council to delay action on this matter until the public
has had an opportunity to become better informed of this project.
Carol Florence , Project Planner for Garden Street Terraces Project, spoke in support of the
staff's recommendation and asked Council to incorporate several revisions and comments
into the scope of work for the RFP (on file in the City Clerk's office).
Diane Duenow. San Luis Obispo, discussed several of her concerns and comments,
including the complexity of the existing Memorandum of Understanding, the potential
impact on historical buildings, the need to show the public the height impact, the need to
reclaim some of the parking spaces, and the need to address affordable housing.
Community Development Director Mandeville said that most of the revisions proposed by
Ms. Florence, beginning with item #5, Cultural Resources, A.2., are primarily word - smithing
and could be incorporated into the work description. However, he recommended
alternative language for item #1, Aesthetics B., and no changes to item #A.5., Pedestrian
City Council Meeting Page 4
Tuesday, April 17, 2007 - 7:00 p.m.
Access and Circulation. The following is a recap of the revisions which should be made to
the Description of Work as a result of Ms. Florence's recommendations if Council concurs. '
Section #1, Aesthetics, B. The consultant shall perform a visual analysis, beginning with a
peer review of the applicant's visual analysis, of the proposed project ... The applicant shall
ire make available their electronic files of all building elevations or other related visual
materials and resources to the consultant for their us
simulations.
Section #5, Cultural Resources, A.2. A qualified historical consultant shall review the
cultural resources inventory and the CEQA evaluation for the Garden Street Terraces
Project prepared by PAR Environmental Services, Inc. dated July 2006. The consultant
shall be ratniped -te identify thwsignificant historic resources ... (no other changes).
Section #5, Separate Archeological Services Contract Workscope, A (5th sentence). The
EIR Cultural Resources sub - consultant mayweuld be the preferred consultant ...
Section #6, Energy and Mineral Resources, new item C. The consultant shall conduct a
peer review of the applicant's submitted LEED checklist for the project.
Section #7, Geology and Soils. The Soils Engineer report ... shall be peer reviewed ...
Section #9, Hydrology and Water Quality. The Preliminary Drainage Report ... shall be peer
reviewed ...
City Attorney Lowell concurred with the recommendations stated above.
Vice Mayor Mulholland reiterated her prior disapproval of the Memorandum of 1
Understanding and the size and scope of the proposed project, cited an article published in
the Los Angeles Times in February that has similarities to this proposal, and explained why
she will not support continuing this process.
Council Member Settle spoke in support of staff's recommendation and the process which
this project will have to undergo.
Council Member Carter acknowledged Vice Mayor Mulholland's concerns, but expressed
confidence in the City's EIR process. He expressed concern that there is no focus in the
EIR on housing (particularly in terms of balancing jobs created and the types of jobs with
the housing generated). He said he would like the preliminary work scope changed to
identify this issue at the beginning and included in the consultant's review.
Mayor Romero spoke in support of the recommendation, and explained that the City's
contribution is related to the City's insistence that public parking be maintained on this site,
which he thinks greatly complicates design and construction of the project. He referenced
the long -term financial benefits this project will generate.
Community Development Director Mandeville clarified that the EIR is not the best vehicle to
analyze housing issues. He suggested that an alternative would be to include a separate
component that will consider the potential for providing housing in the downtown, but that
the EIR consultant should not be tasked to conduct that type of study. In response to Vice
Mayor Mulholland, he discussed options for providing visual simulations to assist the
public in understanding the scale of the project. 1
City Council Meeting
Tuesday, April 17, 2007 - 7:00 p.m.
Page 5
ACTION: Moved by Settle/Carter to : 1) Approve the workscope, with recommended
' revisions as noted previously, for Environmental Impact Report (EIR) and
archaeological field work consultant services in connection with the Garden Street
Terraces 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 CAD 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 3:1:1 (Mulholland opposed, Brown recused).
1
1
C4. 2007 AND 2008 ADJUSTMENT TO MANAGEMENT EMPLOYEES' COMPENSATION.
ACTION: Moved by SettleBrown to: 1. Adopt Resolution No. 9892 (2007 Series
approving management compensation through December 31, 2008. 2. Adopt
Resolution No. 9893 (2007 Series) adjusting the annual salary of the City
Administrative Officer (CAO); motion carried 5:0.
C5. POLYBUTYLENE SERVICE REPLACEMENT PROJECT SPEC. NO. 90660.
ACTION: Moved by Settle/Brown to: 1. Approve plans and specifications for the
"Polybutylene Service Replacement Project Spec. No. 90660 ". 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 $506,728; motion carried 5:0.
C6. USE OF THE GEARHART/MCBRIDE OPEN SPACE ON CALLE JOAQUIN FOR THE
TURF RESEARCH BY CAL POLY.
ACTION: Moved by Settle/Brown to: 1. Authorize the Cal Poly Horticulture and Crop
Science Department to establish a 1 -acre turf grass cutting experiment at the
GearharVMCBride open space for the 2007 and 2008 growing seasons. 2. Authorize
City staff to begin negotiations with Cal Poly for the lease of the 13 -acre
Gearhart/McBride open space for expanded turf research with the final agreement to
be returned to Council for consideration and approval; motion carried 4:1
(Mulholland opposed).
C7. COMPLETION OF USE ATTAINABILITY ANALYSIS FOR SAN LUIS OBISPO CREEK.
C8.
C9.
ACTION: Moved by Settle/Brown to approve a second amendment to the Agreement
with Larry Walker Associates in the amount of $93,300 for the completion of the
Municipal and Domestic Supply (MUN) Use Attainability Assessment for the Lower
Portion of San Luis Obispo Creek and authorize the Mayor to execute the
agreement; motion carried 5:0.
ACTION: Moved by SettleBrown to adopt Ordinance No. 1503 (2007 Series); motion
carried 5:0.
ADOPTION OF ORDINANCE NO. 1504 (2007 SERIES) APPROVING THE TRANSFER
OF RIGHTS AND OBLIGATIONS UNDER FRANCHISE ORDINANCE 1391 FROM
City Council Meeting
Tuesday, April 17, 2007 - 7:00 p.m.
Page 6
UNION PIPELINE COMPANY ( "UNOCAP "), A CALIFORNIA CORPORATION AND
WHOLLY OWNED SUBSIDIARY OF_CONOCOPHILLIPS COMPANY TO
CONOCOPHILLIPS PIPELINE COMPANY AND AMENDING ORDINANCE NO. 1391 TO
REFLECT THE TRANSFER.
ACTION: Moved by Settle/Brown to adopt Ordinance No. 1504 (2007 Series): motion
carried 5:0.
Council Member Brown returned to the dais at this time.
PUBLIC HEARINGS
APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S (ARC) CONDITION
REQUIRING THE ELIMINATION OF LED CANOPY LIGHTING FOR A SERVICE
STATION REMODEL: CHEVRON PRODUCTS, APPLICANTS & APPELLANTS; 3180
BROAD STREET (ARC 181 -06).
Associate Planner Dunsmore presented the staff report.
Mayor Romero opened the public hearing.
Gloria Hicks, Santa Rosa, representing the applicant, explained that the proposed lights will
be recessed and spoke in support of the appeal.
Mayor Romero closed the public hearing.
Associate Planner Dusnmore responded to questions and clarified how the determination
was made that the proposed canopy lighting does not comply with the sign regulations.
Vice Mayor Mulholland and Council Members Carter and Brown spoke in support of the
Architectural Review Commission's action, and said they would support the
recommendation to deny the appeal.
Mayor Romero explained why he did not think that the illumination of the plain blue surface
of the canopy equated to enlarging the sign and why he would vote against the staff
recommendation.
ACTION: Moved by Mulholland/Carter to adopt Resolution No. 9894 (2007 Series)
denying the appeal and upholding the ARC's approval of the project with a
condition to eliminate the LED accent lights proposed to illuminate the fascia of the
canopy; motion carried 3:2 (Romero and Settle opposed).
BUSINESS ITEMS
2. DOWNTOWN STREET TREE MANAGEMENT PLAN.
City Engineer Lynch introduced Urban Forest/Contract Services Supervisor Pellemeier, who
presented the staff report. He, City Engineer Lynch and City Arborist Combs responded to
questions.
Public Comments 1
City Council Meeting
Tuesday, April 17, 2007 - 7:00 p.m.
Page 7
Deborah Cash, representing the Downtown Association, reiterated the Downtown
Association's support of the Downtown Street Management Plan and asked that Council
provide funding to implement it.
Robert "Ash" Vulgamore, San Luis Obispo, expressed concern about the trees that were
removed at the Madonna Plaza approximately two years ago.
City Arborist Combs said that be believed these trees were removed by the property owners
as part of a development process. He will investigate with the Community Development
Department whether there was a requirement to replace the trees.
—end of public comments—
ACTION: Moved by Brown/Mulholland to adopt the 2007 Downtown Street Tree
Management Plan; motion carried 5:0.
Council recessed from 9.12 to 9.23 p.m. The meeting reconvened with all members present.
3.
Finance and Information Technology Director Statler, Police Chief Linden and Fire Chief
Callahan presented the staff report and responded to questions.
In response to Vice Mayor Mulholland, Stacey White, RRM Design Group, explained that the
height of the proposed Dispatch Center does not exceed the height of the existing building,
but that it is necessary to accommodate mechanical equipment to ensure dispatch equipment
is properly cooled.
Public Comments
Matt.Callahan, San Luis Obispo citizen and Member of the Fire Fighters Association,
explained why the Association supports the proposal and how the project will address the
City's future needs as well as protect its past.
Terry Mohan, San Luis Obispo, suggested that this project should be delayed and that
consideration should be given to the construction of a new Police Station on City property at
the comer of Nipomo and Palm Streets.
Gisele Naylor, Oceano, suggested that too much money was being allocated for construction
and too little for radio and dispatch communication equipment.
–end of public comments—
Finance and IT Director Bill Statler explained why pursuing a new Police Station is not feasible
in the near tern and discussed the funding that has been allocated toward technology and
toward a separate radio system.
Council Members spoke in support of the staff recommendation.
ACTION: Moved by Mulholland/Settle to approve the site plan and design for the
public safety communications and emergency operation center improvements and
the related implementing actions set forth in the report; motion carried 5:0.
City Council Meeting
Tuesday, April 17, 2007 - 7:00 p.m.
Page 8
COUNCIL LIAISON REPORTS
Vice Mayor Mulholland reported on her attendance at the California Men's Colony Citizens
Advisory Committee meeting on April 6"', the annual meeting of the Personnel Board on April
12'", and a meeting called by Assembly Member Sam Blakesley on April 13'.
Mayor Romero reported on his attendance at the April 4th SLOCOG meeting (a written report is
on file in the City Clerk's office) and responded to questions raised by Vice Mayor Mulholland
regarding the Regional Traffic Model referenced in his report. He also reported on his
attendance at a recent Performing Arts Center Commission meeting.
COMMUNICATIONS
Council Member Carter inquired whether Council was interested in discussing a change to the
placement of employee compensation matters on the agenda as business items rather than as
consent agenda items. There was not a consensus to change from past practices; however,
Council may direct changes on a case -by -case basis.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:33 p.m. to a special meeting at noon on April 24, 2007, in the Council
Chamber, 990 Palm Street, San Luis Obispo.
i
ALkfr4j Hoop
City Clerk
APPROVED BY COUNCIL: 05/01/07
1
J