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HomeMy WebLinkAbout05/15/2007I -1 IL � MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 15, 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; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, Parks and Recreation Director; Peggy Mandeville, Principal Transportation Planner; Jaime Hill, Associate Planner; Doug Davidson, Deputy Director Community Development - Development Review; Kim Murry, Deputy Director Community Development - Long -Range Planning INTRODUCTIONS Public Works Director Walter introduced Anthony Whipple, Tree Trimmer II. Mayor Romero presented a proclamation to Public Works Director Walter recognizing May 20-26, 2007, as National Public Works Week. Mayor Romero announced that there are still vacancies for members on the Construction Board of Appeals, Housing Authority, Joint Use of Recreational Facilities Committee, and Parks and Recreation Commission. Special Event Planner Wallace introduced Jay LaPalm, co-organizer of Central Coast Mother's Favorites and skate park advocate, who discussed the April Fool's Skate Jam event which raised $437 for improvement to the City's skate park. Mr. LaPalm submitted petitions advocating for the improvement of the skate park. PUBLIC COMMENT Michael Boswell, San Luis Obispo, said that three of his Cal Poly students submitted a Bicycle Friendly Community application to the League of American Bicyclists. They were notified last week that the City has been designated a Bicycle Friendly Community at the silver level. He discussed the importance of the City's Bicycle Plan in achieving this designation and urged Council to support the updated Plan. Jody Frey, San Luis Obispo, expressed concern that the Marsh Street parking structure is the only one in the downtown that will accommodate high -top vans. She asked Council to consider adding more handicap parking spaces to the Marsh Street structure. City Council Meeting Tuesday, May 15, 2007 - 7:00 p.m. Page 2 Staff will include this concern in the design study for the new parking structure and will consider the feasibility of adding extra handicap spaces in the Marsh Street structure. Gary Fowler, San Luis Obispo, discussed his objections to the proposed increases to water and sewer service rates. Sifu Kelvin - Harrison, San Luis Obispo, discussed his continuing concerns regarding harassment. Adam Fukushima, San Luis Obispo, expressed appreciation for the completion of the new phase of the Bill Roalman Bicycle Boulevard and discussed its benefits. He also thanked Council for the bicycle signal at Upham and Santa Barbara. Paula Carr, San Luis Obispo, expressed concern regarding the number and intensity of large -scale developments on the perimeters of the downtown core, as well as the potential loss of historic and archeological resources. She suggested that there should be community forums where the public can view visualizations of proposed developments. APPOINTMENTS Al APPOINTMENTS TO THE JOINT USE OF RECREATIONAL FACILITIES COMMITTEE (JUC AND THE PARKS AND RECREATION COMMISSION (PRC). ACTION: Moved by Carter /Mulholland to: 1) Appoint Lisa Monreal to the JUC for the position vacated by Mark Buchman, and David Hensinger to the PRC for the position vacated by Richard Kriet. The terms for both appointments will expire on March 31, 2010. 2) Directed staff to continue to recruit for the remainder of the unfilled vacancies for these advisory bodies; motion carried 5:0. CONSENT AGENDA ACTION: Moved by Carter/Brown to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried as indicated below. C1. MINUTES OF APRIL 24. 2007. ACTION: Moved by Carter/Brown to waive oral reading and approve as presented; motion carried 5:0. C2. ADOPTION OF ORDINANCE NO. 1505 (2007 SERIES) ESTABLISHING PRE - ZONING FOR THE MARGARITA AREA. ACTION: Moved by Carter/Brown to adopt Ordinance No. 1505 (2007 Series); motion carried 5:0. C3. WATER IMPROVEMENT PROJECT SPECIFICATION NO. 90694. ACTION: Moved by Carter/Brown to: 1) Approve plans and specifications for the "Water Improvement Project Specification No. 90694." 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 $347,405; motion carried 5:0. C4. AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION EASEMENT ON A 71 ACRE PORTION OF THE KING VENTURES PROPERTY AT CALLE MALVA. ACTION: Moved by Carter/Brown to adopt Resolution No. 9897 (2007 Series) authorizing the Mayor to accept the donation of a conservation easement covering a 71 acre portion of City Council Meeting Tuesday, May 15, 2007 - 7:00 p.m. Page 3 the approximately 98 acre King Ventures property located at Calle Malva in the Margarita area; motion carried 5:0. C5. ADMINISTERING AGENCY -STATE MASTER AGREEMENT FOR STATE - FUNDED PROJECTS. ACTION: Moved by Carter/Brown to: 1) Approve Master Agreement No. 00028S with the State of California for state - funded projects. 2) Adopt Resolution No. 9898 (2007 Series) authorizing the Director of Public Works to execute the master agreement and any future program supplements; motion carried 5:0. PUBLIC HEARINGS 1. 2007 BICYCLE TRANSPORTATION PLAN UPDATE (GPUER 21 -07). ks Director Walter introduced this item, following which Principal Transportation Planner and Bicycle Advisory Committee Chairperson Christian presented the agenda report and to Council's questions. In response to Council Member Settle's inquiry for the record, Principal Transportation Planner Mandeville explained that when transitions are made from the City to the County facilities, such as on Orcutt Road, Los Osos Valley Road and South Higuera Street, cyclists will not notice a difference. Mayor Romero opened the public hearing. Adam Fukushima, representing the Bicycle Coalition, spoke in support of the updated Plan and asked that projects not be removed from the Plan without giving consideration to the impact on the bikeway system. John Ewan, San Luis Obispo, also spoke in support of the Plan and discussed the need for increased connectivity. Eugene Jud. San Luis Obispo, suggested that a bicycle path, pedestrian path, and path for emergency vehicles are all that are needed on Prado Road. He displayed a copy of Sundial Bridge in Redding designed for pedestrian and cyclists. Mayor Romero closed the public hearing. Discussion ensued during which Council members indicated their support of the updated Plan. In response to Vice Mayor Mulholland, Council concurred that when the General Plan is brought back for its next update, the word "should" should be changed to "shall" in the following Circulation and Land Use Element sections: Cl 3.4, New Development, Cl 3.5, Bikeway Design and Maintenance, and LUE 2.3.2, Separate Paths. In response to comments made by Council Member Carter and Mayor Romero, and following discussion, Council agreed to direct staff to provide Council with a memorandum containing additional information regarding the cross section and planned design of the Prado Road extension between Higuera and Broad Streets. ACTION: Adopted Resolution No. 9899 (2007 Series) approving the 2007 Bicycle Transportation Plan and a Mitigated Negative Declaration of Environmental Impact for the ' project Council also directed staff to: 1) When the General Plan is brought back for its next update, change the word "should" to "shall" in the following Circulation and Land Use Element sections: Cl 3.4, New Development, Cl 3.5, Bikeway Design and Maintenance, and LUE 2.3.2, Separate Paths. 2) Provide Council with a memorandum providing additional City Council Meeting Tuesday, May 15, 2007 - 7:00 p.m. Page 4 information regarding the cross section and planned design of the Prado Road extension between Higuera and Broad Streets (5:0). Council recessed from 8:48 to 9:00 p.m. and reconvened with all members present. 2. Associate Planner Hill presented the staff report and responded to questions. Community Development Director Mandeville clarified the alternatives. In response to Mayor Romero, City Attorney Lowell discussed the potential for a challenge related to the environmental review because of the historical significance of the house. He clarified, however, that Council could ask the applicant if he would be willing to hold the City harmless if the appeal is upheld. Mayor Romero opened the public hearing. Jules Rogoff, appellant, discussed his goals for moving the house and explained why he thought the Cultural Heritage Committee agenda report contained incorrect information about the Logan house site (i.e., that the site itself is not historcal). He read a statement explaining why he did not think an environmental impact report is necessary. He said he would indemnify the City if Council upholds the appeal. Rober Paviik, member of the Cultural Heritage Committee, spoke in support of the CHC decision and explained why he thought moving the structure could result in a diminishment of its integrity, compromise its eligiblity for the Master List and Historic Register, and require an envrionmental impact report. Luba Staller, Morro Bay resident, past President of the SLO Art Center, and member of the SLO Symphony, spoke in support of upholding the appeal and explained why she thought the structure would be better served by a location on Buchon Street. Pam Parsons, San Luis Obispo, explained that members of the Lee Parsons family were the sole owners and occupants of the house from 1917 to 1978. She said her main interest is to correct the historical records to reflect that the house is the Parsons' house. Sandy Baer, San Luis Obispo, former member of CAC, spoke in support of the CHC decision. Jan Marx, San Luis Obispo, also spoke in support of the CHC decision and suggested that an environmental impact report should be done prior to moving the house. Tom Swem, San Luis Obispo, spoke in support of the appeal and preserving the house as a residence. Chuck Crotser, Chair of CHC, explained that while members recognized the significance of the building, they differed in their positions related to its location. He supported moving the structure. Dean Miller, San Luis Obispo, asked that the record be clarified to reflect which building is being moved (the Parsons' or the Logan's) and whether it is just the building that has signficance or the building and site. 1 i it City Council Meeting Page 5 Tuesday, May 15, 2007 - 7:00 p.m. Bob Vessely, San Luis Obispo, spoke in support of the CHC decision and suggested that Council's decision should relate to whether an environmental impact report should be prepared and the impact moving it would have on its historical character. John Belsher, San Luis Obispo, referred to a letter he distributed at the meeting (on file in the City Clerk's office) citing federal and state laws, as well as City guidelines. He explained why the building could be relocated without preparation of an environmental impact report. In response to Council Member Settle, he confirmed that his client would hold the City harmless and indeminify the City if the appeal is upheld. Randy Dettmer, San Luis Obispo, displayed photographs and discussed how the existing building on the Buchon site could be relocated and made compatible with the Logan house and why relocating the Logan house to a mid -block location would not have an adverse impact. Kenneth Smokoska, said that although he has mixed feelings about the proposal, he supports mixed -use development and the new setting would would provide an opportunity to this type of use. Matt Rogoff, property owner's son, discussed the transformation the house has undergone over the years and explained why he thought it would be in the interest of the building to move it into a residential district where it can retain its character as a historical house. Mayor Romero closed the public hearing. During Council discussion, Council Members Brown, Carter, Settle. and Mayor Romero spoke in support of moving the house to a site that has more merit and will enable it to be preserved as a historical home. ' Vice Mayor Mulholland expressed concern regarding the cumulative impact of the loss of historical buidings in the downtown. She suggested that the CHC should study these resources and Council should decide whether they are expendable. She said the CHC should revisit the appeal in light of additional information that has come forward regarding the history of the house, its site, and the people involved in the history of the house. ACTION: Moved by Carter /Brown to adopt Resolution No. 9900 (2007 Series), upholding the appeal and directing the Community Development Director to prepare a Negative Declaration of Environmental Impact. The motion included the addition of a fourth finding to the effect that relocation of the house will allow it to return to its residential context, use and configuration; motion carried 4:1 (Mulholland opposed). 3. CONDOMINIUM CONVERSION FOR 10 APARTMENT UNITS (1302 AND 1314 PALM STREET, CON 11 -07). Community Development Director Mandeville introduced this item, following which Deputy Director Community Development Davidson presented the staff report. He and City Attorney Lowell responded to questions related to the Mills Act contract for this site. Mayor Romero opened the public hearing. Louisa Smith. Architect, explained that the impetus for this request was to preserve the quality of the building. She discussed the proposed parking for electric vehicles, noted the historic landscape design that was developed for the site, and indicated that when the apartments were built, it was not intended they be converted to condominiums. Rob Rossi, applicant, explained that there were originally 14 apartments, but there are currently only 10. He discussed the efforts to follow the layout of the house in designing the original units and said he hopes to continue the Mills Act contract. City Council Meeting Page 6 Tuesday, May 15, 2007 - 7:00 p.m. Sandy Baer. San Luis Obispo, spoke in support of the conversion. Michael Dubin. San Luis Obispo, expressed concern regarding parking and said the parking requirements should not be waived. Mayor Romero closed the public hearing. During the ensuing discussion, Council Members spoke in support of the conversion. Parking concerns were acknowledged and Council Member Carter and Vice Mayor Mulholland suggested that a parking district needs to be formed to resolve the parking issues. Vice Mayor Mulholland was also concerned with the loss of rental property. ACTION: Moved by Settle/Brown to adopt Resolution No. 9901 (2007 Series) allowing a condominium conversion for 10 units at 1302 and 1314 Palm Street; motion carried 5:0. 4. 2006 GENERAL PLAN ANNUAL REPORT. Community Development Director Mandeville introduced this item, following which De u Director Community Development MUfry presented the staff report. She referred to page 4-28 of the report and said that the word "application (under Bicycle) should be deleted as the BTA funds Act had been received. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the hearing. Vice Mayor Mulholland asked Council to address and consider setting a limit on the non - residential growth rate. There was not a consensus to do so. Vice Mayor Mulholland referred to page 4-25, Water for Development, and expressed concern that the primary supply requirement is far more water than will be needed at total build out. She asked Council to direct staff to bring back a proposal to put the 1814 new acre fee that is beyond what is needed at build out into the reserve. There was not a consensus to direct staff to do so. Vice Mayor Mulholland discussed the effectiveness of the painted brick - pattemed crosswalk on Monterey Street. ACTION: Moved by Carter /Brown to accept the 2006 General Plan Annual Report; motion carried 5:0. COUNCIL LIAISON REPORTS Vice Mayor Mulholland reported on her attendance at the May 2nd Water Resources Advisory Committee meeting and the May 9"' integrated Waste Management Authority Board meeting. Council Member Brown indicated that the Rattlers and Blues baseball teams have met with Creative Mediation and are continuing to resolve their issues. 1 1 Council Member Carter commented on the dedication of public art in Mitchell Park which he, Council Member Brown and Mayor Romero attended. Council Member Settle reported on his involvement with the League of California Cities in Sacramento in its successful efforts to change SB 964, which would impede City official's I communication with their Councils. City Council Meeting Tuesday, May 15, 2007 - 7:00 p.m. Page 7 Mayor Romero reported on his attendance at the San Luis Obispo Council of Governments and San Luis Obispo Regional Transit Authority meetings on May 2nd (his written report is on file in the City Clerk's office), activities related to Zone 9, and the Countywide planning effort related to Vision 2050. COMMUNICATIONS CAO Hampian referred to a memo distributed to Council regarding special Council meetings. He clarified that no meeting will be held on July W for the Eastside annexations because the applicants have asked that the hearing be postponed until September. A special meeting will be held on August 14th to consider continued participation in the Nacimiento project after the bids have been received. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:50 p.m. to adjourned regular meetings on Thursday, May 24, 29 and 31, 2007, in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 06/05107 1 D Audrey o e City CI