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HomeMy WebLinkAbout07/17/2007ROLL CALL: Council Members Present: Council Members Paul Brown, Andrew Carter, Vice Mayor Christine Mulholland and Mayor Dave Romero Absent: Council Member Allen Settle CLOSED SESSION Mayor Romero announced the following Closed Session topic, after which Council adjourned to the Closed Session. Conference With Labor Negotiators Pursuant To Government Code § 54957.6 Agency Negotiators: Karen Jenny, Monica Irons, Richard Whitmore Employee Organization: San Luis Obispo Police Officers' Association ' City Attorney Lowell reported, during the Regular Meeting, that Council met with its negotiators in the Closed Session. No further reportable action was taken. The Closed Session adjourned at 6:50 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 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, Vice Mayor Christine Mulholland and Mayor Dave Romero Absent: Council Member Allen Settle 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 and IT Director; John Callahan, Fire Chief; Betsy Kiser, Parks and Recreation Director; Doug Davidson, Deputy Community Development Director — MINUTES SPECIAL MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, JULY 17, 2007 — 6:15 P.M. COUNCIL HEARING ROOM, 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 Absent: Council Member Allen Settle CLOSED SESSION Mayor Romero announced the following Closed Session topic, after which Council adjourned to the Closed Session. Conference With Labor Negotiators Pursuant To Government Code § 54957.6 Agency Negotiators: Karen Jenny, Monica Irons, Richard Whitmore Employee Organization: San Luis Obispo Police Officers' Association ' City Attorney Lowell reported, during the Regular Meeting, that Council met with its negotiators in the Closed Session. No further reportable action was taken. The Closed Session adjourned at 6:50 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 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, Vice Mayor Christine Mulholland and Mayor Dave Romero Absent: Council Member Allen Settle 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 and IT Director; John Callahan, Fire Chief; Betsy Kiser, Parks and Recreation Director; Doug Davidson, Deputy Community Development Director — City Council Meeting Page 2 Tuesday, July 17, 2007 Development Review; John Webster, Senior Transit Manager; Michael McGuire, Engineer III; Todd Bunte, Golf Course Supervisor CLOSED SESSION REPORT City Attorney Lowell reported that Council met with its Labor Negotiators during the Special Meeting in a Closed Session as indicated above. No further reportable action was taken. ANNOUNCEMENT Mayor Romero announced that there are openings on the Construction Board of Appeals, the Joint Use Committee, and the Parks and Recreation Committee. Interested residents should contact the City Clerk's office at 781 -7100 for more information. INTRODUCTIONS Fire Chief Callahan introduced new Firefighters David Marshall, Jason Pratt, and Matthew Polkow. PUBLIC COMMENT Joseph Johnson, San Luis Obispo, asked Council to consider adding drinking fountains and restrooms to Emerson Park. Staff will investigate this request and report back to Council. Gary Fowler, San Luis Obispo, spoke in opposition to the Nacimiento water project and questioned why other water sources have not been pursued. Sifu Kelvin Harrison, San Luis Obispo, spoke about his continuing concerns related to personal harassment Lisa Kruger. People First of SLO and Consumer Advisory Committee, discussed the goals and purposes of these organizations. Elizabeth Abrahams, San Luis Obispo, Save Our Downtown, asked Council to consider the use of story poles and inserting notices in utility bills to notify residents about developments in the downtown. She also asked Council to take into consideration with the Chinatown project that the Sauer Bakery building and Blackstone Hotel are unmitigatable. Tenn Mohan, San Luis Obispo, spoke in opposition to the Nacimiento pipeline project and suggested that there are other sources for the water. Bob Lucas. San Luis Obispo, asked that the Planning Commission be directed to suspend involvement in environmental reviews of downtown buildings coming in with new heights until there is an ordinance in place to guide them. (Mr. Luca's statement is on file,in the City Clerk's office.) Leslie Bearce. San Luis Obispo, expressed appreciation to Council for directing the Board and members of SLO County Public Access to attend mediation in order to resolve issues related to its bylaws and operating policies and procedures. Ron Bearce. San Luis Obispo, concurred with comments made by the previous speaker. 1 City Council Meeting Tuesday, July 17, 2007 Page 3 Joe Abrahams, San Luis Obispo, discussed the importance of giving primary consideration 1 to and providing for public viewing space in the downtown, particularly at the Mission Plaza and adjacent to it. CONSENT AGENDA Vice Mayor Mulholland expressed appreciation to the Rotary Club for its donation to the Jack House (item C7) in honor of Wes Conner, said she will vote no on item C8, and asked that C11 be pulled from the Consent Agenda for separate action. Mayor Romero referred to item C3, which will provide a bike trail that goes from Prado Road almost to Los Osos Valley Road Road. He asked that staff make it a priority in the next two - year budget to install a bridge for bicyclists in the area near the freeway to provide a connection to Los Osos Valley Road. He asked that item C5 be pulled for discussion. Lynn Kelley, Rotary Club member and former President, spoke about the Club's partnership with the City on a number of projects. She discussed the Club's desire to honor Wes Connor, who recently passed away, for his contributions to the community. The Club is constructing fencing at the Jack House for this reason. Jim Hoffman, who has managed construction projects for the Rotary Club, added that the new fence will replicate the existing one. ACTION: Moved by Carter/Brown to approve the Consent Agenda, with exception of items C5 and C11, as recommended by the City Administrative Officer; motion carried as indicated below. Items C5 and C11 were considered separately. ' C1. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE 2007. ACTION: Moved by Carter /Brown to designate Mayor Romero as the voting delegate and Vice Mayor Mulholland as the voting alternate to the League of California Cities Annual Conference; motion carried 4:0 (Settle absent). C2. ORCUTT ROAD WIDENING PROJECT, SPECIFICATION NO. 90521. ACTION: Moved by Carter/Brown to: 1. Approve an agreement with Union Pacific Railroad in an amount estimated to be $1,610,000 for additional easement area and construction of widened railroad crossing associated with the Orcutt Road Widening Project, Specification No. 90521, and authorize the Mayor to execute the agreement. 2. Authorize the CAO to approve the plans and specifications and award the contract for the Orcutt Road Widening Project, Specification No. 90521 if the lowest responsible bid is within the available budget of $925,000. 3. Appropriate $1,440,000 and $1,200,000 from the State Transportation Improvement Program grant funding and development fees respectively to fund this project. 4. Authorize the CAO to execute a reimbursement agreement with parties inside the Four Creeks Rezoning Projects Limits; motion carried 4:0 (Settle absent). C3. BOB JONES CITY -TO -SEA TRAIL — SEGMENT #3 SPECIFICATION NO. 90670. ACTION: Moved by Carter/Brown to: 1. Approve Special Provisions for Bob Jones City-to- Sea Trail — Segment #3, Specification No. 90670. 2. Authorize staff to advertise for bids. 3. Authorize the CAO to award the contract if the lowest responsible bid is within the engineer's estimate of $449,600. 4. Authorize the consolidation of funds into the construction phase of the project account; motion carried 4:0 (Settle absent). City Council Meeting Page 4 Tuesday, July 17, 2007 C4. APPROVAL OF THE FINAL MAP FOR TRACT 2832. 1063 ELLA STREET (TRIER 129- 05). ACTION: Moved by Carter/Brown to adopt Resolution No. 9918 (2007 Series) approving the Final Map for Tract 2832, located at 1063 Ella Street; motion carried 4:0 (Settle absent). C5. LOS OSOS VALLEY ROAD REHABILITATION, SPECIFICATION NO. 90546. This item was pulled from the Consent Agenda. Mayor Romero discussed his concerns regarding traffic and access issues, between Highway 101 and Froom Ranch Road, when construction work is done in a commercial area during daytime hours. Staff will investigate whether doing night work is an option in this area that can be included in the specifications. Approval by the Community Development Department will be required and impacts on residential uses will be the primary concern. ACTION: Moved by Mulholland/Carter to: 1. Approve plans and specifications for the Los Osos Valley Road Rehabilitation Project, Specification No. 90546. 2. Authorize staff to advertise for bids and authorize the CAD to award the contract if the lowest responsible bid is less than or equal to the Engineer's Estimate of $1,429,000 ($1,366,000 General Fund, $47,000 Water System Improvements and $16, 000 Collection System Improvements); motion carried 4:0 (Settle absent). C6. INTENTION TO ISSUE TAX EXEMPT BONDS FOR PUBLIC SAFETY DISPATCH CENTER AND RADIO SYSTEM UPGRADE PROJECTS. ACTION: Moved by Carter/Brown to adopt Resolution No. 9919 (2007 Series) of intention to issue tax exempt bonds in financing the public safety dispatch center and radio system upgrade projects and to reimburse from the proceeds costs incurred prior to their issuance; motion carried 4:0 (Settle absent). C7. DONATION OF FENCING FOR JACK HOUSE AND GARDENS. ACTION. Moved by Carter/Brown to: 1. Accept a donation from the Rotary Club of San Luis Obispo to restore the Jack House garden fence. 2. Authorize the Mayor to execute the donor agreement; motion carried 4:0 (Settle absent). C8. ACTION: Moved by Carter/Brown to adopt Ordinance No. 1506 (2007 Series), approving a Mitigated Negative Declaration of environmental impact, and amending the City's zoning map designation from R -2 -SP, Medium- Density Residential with the Specific Plan overlay, and C /OS -SP, Conservation/Open Space with the Specific Plan overlay, to R- 2- SP -PD, Medium - Density Residential with the Specific Plan and Planned Development overlays and C /OS -SP, Conservation/Open Space with the Specific Plan and Planned Development overlays, for the central 11 -acre portion of the property located at 3000 Call Malva, based on findings; motion carried 3:1:0 (Mulholland opposed, Settle absent). C9. 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPLICATION. LJ 1 1 City Council Meeting Tuesday, July 17, 2007 Page 5 ACTION: Moved by Carter/Brown to: 1. Confirm the Chief of Police's application on behalf of the City, for a 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $17,453 for "TASER" Electronic Control Devices. 2. If awarded the grant, authorize the CAO to execute necessary grant documents; motion carried 4:0 (Settle absent). C10. 2007 -08 COMMUNITY PROMOTIONS CONTRACTS. ACTION: Moved by Carter/Brown to approve Community Promotion's contracts to: 1. Provide funding in the amount of $43,500 in 2007 -08 for public relations services and authorize the Mayor to execute a one -year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for said services. 2. Provide funding in the amount of $88,900 in 2007 -08 for visitor and electronic information services and authorize the Mayor to execute a one -year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for said services. 3. Provide funding in the amount of $72,200 in 2007 -08 for regional marketing services and authorize the Mayor to execute a one -year agreement with the San Luis Obispo County Visitors and Conference Bureau (VCB) for said services; motion carried 4:0 (Settle absent). C11. HIGUERA STREET PAVING PROJECT FROM MORRO ST. TO NIPOMO ST. SPECIFICATION NO. 90684. Vice Mayor Mulholland and Mayor Romero discussed the importance of installing the pavement grid in this project, as mentioned in alternative C, and asked that this be included in the motion, with direction to use General Fund Reserves for the additional cost. Council Member Carter concurred. ACTION: Moved by Mulholland/Carter to: 1. Award a contract to Granite Construction 1 Company in the amount of $477,432 for the Higuera Street. Paving Project from Morro St. to Nipomo St. Specification No. 90684. 2. Approve the transfer of $66,623 from the Water Distribution Master Account to complete the project funding for Fire Sprinkler Laterals. The motion included the installation of the pavement grid as indicated in alternative C and authorized the use of General Fund Reserves for the added costs; motion carried 4:0 (Settle absent). PUBLIC HEARINGS 1. MEETING OF JULY 3, (CONTINUED FROM THE Deputv Community Development Director — Development Review Davidson presented the staff report He and Community Development Director Mandeville responded to questions. Mayor Romero opened the public hearing. Sheryl Flores, San Luis Obispo, spoke in support of the proposed amendments because of the increased opportunities they will provide for more affordable housing. Terry Mohan, San Luis Obispo, said he opposed the amendments if they can be used for new development in the downtown, such as Garden Street or Chinatown, but supported them if they are limited to affordable housing and reduced housing costs. Mayor Romero closed the public hearing. Council Members Carter and Brown, and Mayor Romero spoke in support of the amendments. City Council Meeting Tuesday, July 17, 2007 Page 6 Vice Mayor Mulholland expressed concern for the same reasons raised by Mr. Mohan. She 1 stated, for the record, that she will vote in favor of the recommendation, but is not completely comfortable with the concept and the way in which it could be used with large projects coming down the road. ACTION: Moved by Brown/Carter to: 1. Introduce Ordinance No. 1507 (2007 Series) adopting the proposed amendments to the Subdivision Regulations thereby implementing minor text clarifications and adding regulations to govern Airspace Subdivisions. 2. Adopt an addendum to the approved environmental determination; motion carried 4:0 (Settle absent). 2. Deputy Community Development Director — Development Review Davidson presented the staff report. Mayor Romero opened the public hearing. Ernie Kim. Architect and Applicant's representative, discussed the history and design of the project. Mayor Romero closed the public hearing. Council Members Carter and Brown, and Mayor Romero spoke in support of the project. Vice Mayor Mulholand asked that consideration be given to adding the word "pervious" to Architectural Review Commission Condition 5, and that the words "and Demolition" be added to Code Requirement 14. The applicant indicated he would work with staff and take these concerns into consideration. However, there was not consensus to make these changes. ACTION: Moved by Carter/Brown to adopt Resolution No. 9920 (2007 Series) approving a tentative tract map and Mitigated Negative Declaration of environmental impact for a ten -unit residential condominium development located at 625 Toro Street (TR/ER 176 -05); motion carried 4:0 (Settle absent). 3. REOUEST FROM BEACH CITIES TAXI CAB COMPANY TO INCREASE THEIR PER MILE FEE. Deputy Director Public Works Director Bochum presented the staff report. He and Transit Manager Webster responded to questions. Mayor Romero opened the public hearing. None were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Carter to adopt Resolution No. 9921 (2007 Series) approving a request from Beach Cities Taxi Cab Company (Beach Cities Cab) to modify its schedule of rates. The Mass Transportation Committee's (MTC) recommendation will be red filed to Council after its July 11"' meeting; motion carried 4:0 (Settle absent). City Council Meeting Page 7 Tuesday, July 17, 2007 ' Council recessed from 8:50 p.m. to 9:00 p.m. and the meeting reconvened with all members present. BUSINESS ITEMS 4. LAGUNA LAKE GOLF COURSE HOLE NO.3 RELOCATION, SPECIFICATION NO. 90657. City Engineer Lynch introduced Engineer III McGuire, who presented the staff report. Gary Linn, Design Consultant, discussed industry standards and explained why he believes the holes have been overshot intentionally. He also explained how the distance issues have been addressed and noted the large buffer that was created. He, Engineer III McGuire and Golf Course Supervisor Bunte responded to questions. Public Comments Carolyn Smith, San Luis Obispo, explained why she disagreed with the staff recommendation, and suggested that the green should be moved back an additional 36 feet. Tina Liebscher, San Luis Obispo, said that her son was hit in the head by a golf ball three weeks ago. She proposed that the hole remain at the same length, but that the green should be moved back and the sand bunker located behind the green. Carey Herlihy, San Luis Obispo, noted the increase in golf balls landing in front yards during the past.five years and supported moving the green as far back as possible. ' —end of public comments — Vice Mayor Mulholland suggested that if safety is the greatest concern, a net should be installed. However, because she did not think the neighbors would support a net and because she did not want the project redesigned, she would support staff's recommendation. Council Members Brown and Carter concurred with staff's recommendation. Mayor Romero spoke in support of keeping the hole the same length, but relocating the green as far from the property line as possible. ACTION: Moved by Mulholland/Carter to: 1. Approve plans and specifications for "Laguna Lake Golf Course Hole No. 3 Relocation ", Specification No. 90657. 1 Authorize staff to advertise for bids and authorize the CAD to award the contract if the lowest responsible bid is within the engineer's cost estimate of $90,000. 3. Approve the transfer of $56,000 from the General Fund unappropriated reserve to the project account; motion carried 3:1:0 (Romero no, Settle absent). 5. City Administrative Officer Hampian made some introductory and closing comments, and Assistant City Administrative Officer Stanwvck presented the staff report. They, Finance Director Statler, City Attorney Lowell and Community Development Director Mandeville responded to Council's questions. City Council Meeting Page S Tuesday, July 17, 2007 Public Comments The following people spoke in opposition to Council assuming project management responsibility for the Prado Road Interchange project: Gene Nelson, San Luis Obispo Jan Howell -Marx, San Luis Obispo (Statement on file in the City Clerk's office.) Mila Vuiovich- LaBarre, San Luis Obispo Michael Morris, Attorney for Dalidio family, said that the developer is prepared to discuss an arrangement to secure bonding similar to the one the developer had with the City in 2004. Victor Montgomery, representing Dalidio family, explained why he believes that it is time for Council to take action and the need to find a solution to the interchange problem at this time. Terry Mohan and Gary Folwer, San Luis Obispo, said they did not think an overpass is needed at this time. Alan Thomas, San Luis Obispo, spoke in suport of the staff report and analysis. Douglas Gerard, San Luis Obispo, suggested that a traffic analysis should be done to determine whether the Prado Road interchange is necessary and the interchanges would be too close together. Charles Haley, San Luis Obispo, asked that the overpass not be delayed because there is an immediate need for it and because costs will increase with a delay. Russell Brown, San Luis Obispo, urged Council to proceed thoughtfully and follow benchmarks identified by staff. —end of public comments— Council Member Brown discussed the need for the interchange, said he would like to see the owner guarantee bonds, and expressed his hope that the County will release to the city revenue it receives from the Dalidio development such as sales and property taxes, and transient occupancy taxes, to be used for the interchange. Council Member Carter explained why he thinks it is premature for the City to take on the project management role for the interchange. He suggested that the City should first enter into negotiations with the County and developer to address the City's fiscal concerns related to the interchange. Vice Mayor Mulholland expressed concern about the effect the cost of an interchange project will have on the City's General Fund, explained why she believed the County should facilitate this project, and stated her support of the CAO recommendation. Mayor Romero spoke of the long -range need for an interchange, concurred that the City should not be the project managers for the interchange at this time, discussed the importance of keeping negotiations open, and said that he supports the CAO recommendation. Vice Mayor Mulholland . moved, and Mayor Romero seconded, to approve the staff recommendation. However, following Council Member Carter's indication that he would like to make a separate motion regarding negotiations, Mayor Romero withdrew his second and no action was taken on this motion. City Council Meeting Tuesday, July 17, 2007 Page 9 ' ACTION: Moved by Carter/Brown not to assume project management responsibility at this time, but to enter into formal negotiations with the developer and County with the intent of developing a financial arrangement that is beneficial to City residents and provides a pathway for annexation of the property into the City; motion carried 3:1:0 (Mulholland opposed, Settle absent). CAO Hampian explained that staff needs direction regarding who will represent the City during the negotiations, and discussed the need to bring someone on board with professional expertise related to the interchange issues. Mayor Romero and Council Members Brown and Carter spoke in support of having two Council representatives serving with staff on a subcommittee to negotiate with the County and developer. Vice Mayor Mulholland spoke to the benefits of having only one Council Member represent the City in negotiations, suggested Council Member Carter be that representative, and volunteered to serve if Council decided to appoint two representatives. ACTION: Moved By Brown/Carter to appoint Council Member Carter and Mayor Romero as a subcommittee to represent the Council during the negotiations related to the Prado Road interchange project; motion carried 3:1:0 (Mulholland opposed, Settle absent). In response to CAD Hampian, Council concurred that staff could use the professional services of Economic Advisory Allan Kotin to assist with this matter. COUNCIL LIAISON REPORTS Vice Mayor Mulholland, as representative to the Integrated Waste Management Authority, reported on the household hazardous waste options for residents. Mayor Romero reported on the June 2e Performing Arts Center meeting. COMMUNICATIONS Council Member Carter congratulated the Parks & Recreation Department, and City, on the addition of the new therapy pool. Mayor Romero requested, and Council concurred, to direct staff to develop a policy that provides added guidelines and, potentially, different time standards (based on development size) associated with reimbursement agreements for infrastructure improvements "fronted" by developers. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:15 p.m. to Tuesday, August 14, 2007, in the Council Chamber, 990 Palm Street, San Luis Obispo. Audoy Hooper Ci Clerk 1 APPROVED BY COUNCIL: 08121/07