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HomeMy WebLinkAbout07/03/2007MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 3, 2007 — 6:15 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 present at Roll Call. Council Member Settle was seated at 6:20 p.m. CLOSED SESSION PUBLIC COMMENT ON CLOSED SESSION ITEM No comments were forthcoming. CLOSED SESSION City Attorney Lowell announced the following Closed Session topic, after which Council adjourned to the Closed Session. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002 -416 -034 and 002 - 416 -029 Negotiating Parties: City of San Luis Obispo: Shelly Stanwyck, Claire Clark, Jonathan Lowell (Landowner) Purchaser: San Luis Obispo Court Street, LLC Negotiations: Consider modification of Option to Purchase Real Property Agreement The Special Meeting adjourned at 7:00 p.m., following which the Regular Meeting convened. City Attorney Lowell reported on the Closed Session during the regular meeting. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO. TUESDAY, JULY 3, 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 Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. City Staff: Page 2 Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; Betsy Kiser, Parks and Recreation Director; Brigitte Elke, Principal Administrative Analyst; Pam Ricci, Senior Planner CLOSED SESSION City Attorney Lowell reported that a Closed Session was held during the Special meeting to discuss potential modification of an option to purchase real property with the Copelands concerning the Chinatown project. Council has provided direction to its negotiators; no further reportable action was taken. PRESENTATIONS Mayor Romero presented a proclamation to the following family members of former City Council Member Emmons Blake, who recently passed away: his wife Barbara Blake, son Richard Blake, daughter -n -law Arlene Blake and granddaughter Melissa Blake. Mayor Romero presented a proclamation to Betsy Kiser, Parks and Recreation Director, and staff members Rich Ogden, Linda Fitzgerald, and James Bremer and his family, recognizing July 2007 as Parks and Recreation Month. Police Chief Linden and Kristin Dykstra, Cal Poly Marketing Team, made a presentation regarding the SLO Night with Your Neighbors program. Council Member Carter indicated that he had heard this presentation at the Student Community Liaison Committee meeting and, as a result, he has committed to holding a street gathering at his home. Mayor Romero acknowledged the outstanding relationship San Luis Obispo has with the university and its students. At this time, Mayor Romero asked if, because of the anticipated length of the meeting, Council would be willing to continue item B5,2007 Water Resources Status Report, to the August 14, 2007, City Council meeting. Council unanimously concurred. Al. RECOMMENDATIONS FOR APPOINTMENT TO THE PLANNING COMMISSION (PC). U Vice Mayor Mulholland acknowledged, as PC subcommittee liaison, the qualifications of all of the applicants, but explained that because the vacancy is for an unexpired term this would provide the opportunity for the one applicant who has not served on the PC already, Eric Meyer, to gain experience and bring new and innovative ideas to the PC. Mayor Romero. PC subcommittee liaison, noted the critical projects with which the PC is faced at this time and the need to appoint someone with a good planning background. He discussed Mike Multari's extensive planning experience and other qualifications and I recommended Mr. Multari for appointment. City Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. Public Comment Eric Meyer, applicant to Planning Commission, discussed his background and the experience which he would bring to the PC if he were appointed. It was moved by Vice Mayor Mulholland to appoint Eric Meyer to the Planning Commission. The motion failed due to lack of a second. Council Members Carter, Brown and Settle commented on applicant Mike Multari's background and qualifications. Page 3 ACTION: Moved by Romero/Brown to appoint Mike Multari to the Planning Commission to fill an unexpired term ending March 31, 2008; motion carried 4:1 (Mulholland opposed). PUBLIC COMMENT Sifu Kelvin Harrison, San Luis Obispo, spoke about his continuing concerns related to personal harassment. CONSENT AGENDA Because of the number of speakers for item C2, SLOCOPA Annual Report, Council concurred to pull this matter and consider it following other action on the Consent Agenda. Vice Mayor Mulholland stated that she will oppose item C5, Update to the Wastewater Facilities Master Plan, because, although she generally supports maintaining and upgrading facilities, this action is specifically due to the annexation of the Airport Area which she does not support ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried as indicated below. C1. MINUTES OF JUNE 5 AND 19, 2007. ACTION: Moved by Settle/Mulholland to waive oral reading and approve with corrections to the comments under items C7 and C5 (page 2) of the June 5, 2007, minutes and to item C2 (page 3) of the June 19, 2007, minutes (see red file item on file in the City Clerk's office); motion carried 5:0. C2, SAN LUIS OBISPO COUNTY PUBLIC ACCESS. INC. (SLOCOPA) ANNUAL REPORT (HOOPER/LOWELL). This item was pulled and considered following action on the rest of the Consent Agenda. C3. BIENNIAL REVIEW OF ADVISORY BODY BYLAWS. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9916 (2007 Series) amending various City advisory body bylaws by incorporating amendments recommended: 1) by the respective advisory body, 2) by the staff, with the exception of amendments by the PCC to Article 4, section K. regarding attendance, and 3) by Vice Mayor Mulholland through a red file memorandum (available in the City Clerk's office); motion carried 5:0. l_ City Council Meeting Page 4 Tuesday, July 3, 2007 - 6:15 p.m. C4. CITY WIDE TRAFFIC VOLUME COUNTS, SPECIFICATION NO. 90653. ACTION: Moved by Settle/Mulholland to authorize staff to advertise for bids for City wide traff ic volumes counts and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's estimate of $41,000; motion carried 5:0. C5. UPDATE TO THE WASTEWATER FACILITIES MASTER PLAN. ACTION: Moved by Settle/Mulholland to: 1. Approve an agreement with Brown & Caldwell in the amount of $59,800 to prepare an update to the Wastewater Facilities Master Plan. 2. Authorize the transfer of $25,000 in additional funding from Wastewater Collections System Improvements to the project account; motion carried 4:1 (Mulholland opposed). C6. 2008 AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT. ACTION: Moved by Settle/Mulholland to approve in concept an agreement with AEG Cycling for the City of San Luis Obispo's participation in the 2008 Amgen Tour of California cycling event and authorize the Mayor to execute the final agreement, contingent upon selection by AEG Cycling for San Luis Obispo to be a Host City; motion carried 5:0. C7. ACTION: Moved by Settle/Mulholland to: '1. Award the contract for Tourism Advertising Services for the Community Promotions Program (Specification No. 90697) to Verdin Marketing Ink. 2. Authorize the Mayor to execute the contract; motion carried 5:0. Item C2 was considered at this time. C2. SAN LUIS OBISPO COUNTY PUBLIC ACCESS, INC. (SLOCOPA) ANNUAL REPORT. Following clarification regarding the action before Council by Mayor Romero and a discussion regarding the format for public comments, Mayor Romero called for public comments. The following people expressed concern about the administration of the public access channel. Ron Bearce Prez George Washington Karren McKnight John Kert Sandv Allen Richard Zaitz Patrick Germany Christina Bearce Kim Harris Michael Lovegene Monique Graieda Leslie Bearce Ted Shearer Elisabetti Demongeot Robert Bearce Anthony Bolin Jason Reed r] City Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. Page 5 Morgan Hunt The following people spoke in support of the administration of the public access channel and/or requested that Council release the funds for equipment. Brent Willey Joan Sullivan Mayor Romero closed the public comment period. Council discussion ensued during which Council members expressed concern regarding the contents of the bylaws, and suggested that the services of Creative Mediation be used for a mediation process to assist in resolving some of the issues that have arisen. In response to Vice Mayor Mulholland, City Clerk Hooper indicated that, after speaking with one of the Board members, she understood that the most urgent need is for the audio equipment for field production for a cost of approximately $4,000. ACTION: Moved by Mulholland/Carter to: 1. Accept the SLOCOPA Annual Report, with a one -time waiver of the audit requirement. 2) Approve a reduced equipment purchase not to exceed $4,000 for audio equipment for field production. 3) Authorize the City Clerk to release funds for additional equipment if an emergency need should arise. 4) Direct SLOCOPA Board members and producers to make a good faith effort to resolve its issues through a mediation process and to submit revised bylaws that ensure conformity with its Agreement between the City and SLOCOPA; motion carried 5:0. Council recessed from 9:20 p.m. to 9:32 p.m. and the meeting reconvened with all members present. PUBLIC HEARINGS Council reordered the agenda to consider grants at this time. BUSINESS ITEMS 3. 2007 -2008 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID (GIA) FUNDING RECOMMENDATIONS. Human Resources Director Irons and HRC Chairperson Stephen Lamb presented the staff report. Public Comments Carol Florence , Vice President of the Board of Directors of Big Brothers and Big Sisters of SLO County, thanked Council and staff for the funding recommendation and discussed the mission of the organization. Karen Fields, former President of Hot Line, discussed the services the Hot Line provides, asked that the contingency requiring approval by the Public Utilities Commission by City Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. Page 6 September 30,2007, be lifted, and asked Council to grant the full request of $10,000 for the implementation of a 211 service. Carl Hansen, Executive Director of the Food Bank Coalition, thanked the HRC and Council for their support. Linda McGregor, past President of Hot Line, explained that the Public Utilities Commission will hold its hearing on September 26, 2007, and asked that the contingency be removed. She also asked that the full amount of $10,000 for the implementation of a 211 service be funded. Rave Fleming, Economic Opportunity Commission, expressed appreciation to Council for its support. —end of public comments— Discussion followed regarding the impacts of removing the contingency on the Hotline of SLO County and funding the full amount of $10,000. While all Council Members supported the removal of the contingency, Vice Mayor Mulholland and Council Member Carter opposed increasing the grant. They spoke in support of the grant application, but referenced the process undertaken by the HRC in making its recommendation and expressed concern about taking action apart from that process. CAD Hampian clarified that the additional funding of $4,500 for the Hotline would need to come from the General Fund reserves and would be considered a special, one -time allocation for implementing the 211 system. He added that while the contingency for PUC approval may be removed from the recommendation, the contract between the City and Hotline requires the funds to be spent on activities described in the application, in this case to offset a portion of the operating expenses of 211 Hotline during the first year. Therefore, without the PUC approval, Hotline would not incur operational expenses for 211 and the grant money would be returned to the City. ACTION: Moved by Settle/Brown to approve and add a one -time allocation of $4,500 for Hotline of SLO County, for a total grant of $10,000, for implementing the 211 system and removing the contingency to obtain that approval by September 30; motion carried 3:2 (Carter, Mulholland opposed). 4. Principal Administrative Analyst Elke, PCC Chair Kate Norton, and PCC Member John Connor, GIA Subcommittee, presented the staff report. Public Comments None were forthcoming. —end of public comments— Council Members expressed appreciation to the PCC for its new perspective on the Grants- In -Ald (GIA) process this year. ACTION: Moved by Mulholland/Settle to: 1. Approve the 2007 -08 GIA allocations and authorize the City Administrative Officer to execute the individual agreements 1 1 City Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. 1. Page 7 with each grant recipient. 2. Approve the revised grant criteria as recommended by the PCC; motion carried 5:0. PUBLIC HEARINGS Deputy Community Development Director Davidson, Senior Planner Ricci and Senior Contract Planner Mary Beatie presented the staff report and responded to questions. Contract Planner Beatie indicated that staff is recommending the following changes be made to the resolution: Condition 28 should be deleted because it is redundant. The requirements contained in this condition are also stipulated in condition 65g. (Page 1 -157 of agenda report.) Condition 66a should be revised to include the words "footprints and patios" at the end of the condition. (Page 1 -157 of agenda report.) Code Requirement 8 should be deleted because the City's ordinance has been modified to authorize the use of the English system instead of the metric system. (Page 1 -162 of agenda report.) Mayor Romero opened the public hearing. Dave Watson, representing the owners, spoke on behalf of the project and responded to Council's questions. Gene Nelson, San Luis Obispo, asked that an asbestos dust mitigation plan be implemented to protect the health of nearby residents. Roberta Dengate, Chumash Village resident, expressed concern regarding the impacts of additional traffic and potential flooding. Steve Seybold, Chumash Village resident, asked staff to take into consideration the concerns that will be raised by Ms. Righetti. Robert Phelps, Chumash Village resident, expressed concern regarding the barbeque smoke and other issues that may adversely impact the health of residents in the area. Elizabeth Kyle Riahetti, representing Chumash Village residents, raised concerns, in part, regarding the potential adverse impact of the project on the health of some the residents, asked that story poles be used to depict the height of the proposed buildings, questioned propertyline setbacks and potential drainage issues, and expressed concern regarding impacts to privacy, natural light, and the viewshed to the east. Ralph Soto, Sr. San Luis Obispo, discussed the need for a larger drainage ditch behind his property which backs up to the project. Jaimee Frankian, San Luis Obispo, asked for clarification regarding grading and expressed concern about potential flood and traffic issues. Mayor Romero closed the public hearing. City Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. Page 8 Staff and the developer responded to the comments and questions raised during the public hearing. Council Members Brown and Settle expressed overall support for the development. Council Member Carter also supported the development, but expressed concern regarding the narrowness of the private street to serve residents in the center of the development. Vice Mayor Mulholland explained why she did not believe the Planned Development ordinance should be applied to this development and said that she has unanswered concerns related to narrow open spaces, the creeks that will be covered over by trails, the steep slopes, and the amount of grading and slope cuts that will need to be done. Mayor Romero supported the development but expressed concerns related to the size of lots 19 and 21, the steepness of the lots on the north and east parameters, the lots on the south border on the El Camino property, which will have garages lower than the street, and access by the garbage trucks on the 20 -foot roadway. He asked whether the access from the private drive leading to S Street to the affordable housing component can be enlarged to provide for safer access. In response to Mayor Romero, Senior Planner Ricci suggested language for an additional condition No. 93 to assure more functional and safe access along the private drive leading from "S" street to the affordable housing component (including in the motion). ACTION: Moved by Carter /Brown to: 1. Introduce Ordinance No. 1506 (2007 Series ) approving the Zone change on the central 11 -acre portion of the subject property from R -2 -SP (Medium- Density Residential, Specific Plan) and C /OS-SP (Conservation/Open Space, Specific Plan) to R- 2 -SP -PD (Medium- Density Residential, Specific Plan, Planned Development) and C /OS -SP -PD (Conservation/Open Space, Specific Plan, Planned Development). 2. Adopt Resolution No. 9917 (2007 Series), which adopts the Mitigated Negative Declaration, (ER 98-06) and approves the 178 -lot revised Vesting Tentative Map No. 2428, based on findings, and subject to mitigation measures, conditions, and code requirements, with the addition of condition No. 93 that will assure more functional and safe access along the private drive leading from "S" street to the affordable housing component. All lots with frontages along this private drive, which includes Lots 159 and 160, and 165 -170, shall be designed with side - loaded garages so that vehicles are not directly backing out into the private drive which shall be a minimum of 24 feet in width; motion carried 4:1 (Mulholland opposed). 2. Council continued this item to the meeting of July 17, 2007. 5. 2007 WATER RESOURCES STATUS REPORT. Council continued this item to the meeting of August 14, 2007. COUNCIL LIAISON REPORTS Liaison reports were continued until the next Council meeting. I COMMUNICATIONS City Council Meeting Tuesday, July 3, 2007 - 6:15 p.m. Page 9 Mayor Romero continued his communication item related to a reimbursement policy to the July 17, 2007, Council meeting. Council Member Brown expressed appreciation to the local fire crews who assisted in putting out the blaze earlier this week. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:04 a.m. to Tuesday, July 17, 2007, in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Hoo City Clerk APPROVED BY COUNCIL: 08/21/07 1 1