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HomeMy WebLinkAbout02/17/2009MINUTES ' SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 17, 2009 — 5:45 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Lowell announced the following Closed Session topic: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons Employee Organizations: San Luis Obispo City Employees Association (SLOCEA) San Luis Obispo Police Officers Association (SLOPOA) San Luis Obispo Police Staff Officers Association (SLOPSOA) San Luis Obispo Fire Association (Fire) San Luis Obispo Fire Battalion Chiefs Association Unrepresented Confidential Employees Unrepresented Management Employees PUBLIC COMMENT ON CLOSED SESSION ITEM. No comments were forthcoming and Council adjourned to the Closed Session. CLOSED SESSION REPORT City Attorney Lowell reported on the Closed Session at the commencement of the Regular meeting. ' The Special Meeting adjourned at 6:50 p.m. City Council Meeting Tuesday, February 17, 2009 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 17, 2009 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Page 2 Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT City Attorney Lowell reported that Council met in Closed Session as indicated above and provided direction to its labor negotiators. No further action was taken. -- 1 PRESENTATION Mayor Romero presented Maria Shulman, volunteer with the Feline Network of the Central Coast, with a proclamation acknowledging February 26, 2009, as "Spay Day USA." APPOINTMENTS Al. APPOINTMENTS TO THE JOINT USE OF RECREATIONAL FACILITIES COMMITTEE (JUC). Vice Mayor Settle reported on the recommendation. Per a memorandum from the staff (on file in the City Clerk's office), the JUC Subcommittee is recommending appointment of Stephen Cairns instead of Suzan Ehdai, as originally proposed, who will be recommended in March for appointment to the Architectural Review Commission. ACTION: Moved by Settle /Ashbaugh to make the following appointments to the Joint Use of Recreational Facilities Committee (JUC): 1. Appoint Stew Jenkins to a term expiring March 31, 2011. 2. Appoint Stephen Cairns to a term expiring March 31, 2010; motion carried 5:0. -- ---------- --------------- - -- City Council Meeting Page 3 Tuesday, February 17, 2009 PUBLIC COMMENT ' Christian Pereira, Director of Operations for Silverado Stages, suggested that the City could be gaining additional revenue by allowing overnight parking, particularly next to the Amtrak Station. Mayor Romero asked staff to provide a memo responding to this suggestion. CONSENT AGENDA Council Member Ashbaugh indicated that because he was absent on January 20 he would abstain on voting on those minutes. ACTION: Moved by Settle /Ashbaugh to approve the Consent Agenda as indicated below. C1. MINUTES OF JANUARY 20 AND JANUARY 31, 2009. (HOOPER) ACTION: Moved by Settle /Ashbaugh to waive the oral reading and approve the minutes as presented; motion carried 4:0:1 (Ashbaugh abstaining) for the minutes of January 20 and 5:0 for the minutes of January 31. ' C2. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR THE PROJECT KNOWN AS FROOM RANCH ACQUISITION. ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10056 (2009 Series) authorizing staff to complete and submit an application for grant monies in the amount of $200,000 from the Land and Water Conservation Fund, which would be used in support of the acquisition of a 310 acre portion of the Froom Ranch in the Irish Hills; motion carried 5:0. C3. FLEET MANAGEMENT POLICY UPDATE. ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10057 (2009 Series) approving an updated Fleet Management Policy; motion carried 5:0. C4. PARTICIPATION IN THE CALIFORNIA ENERGY COMMISSION'S ENERGY PARTNERSHIP PROGRAM. ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10058 (2009 Series) authorizing: 1. The City of San Luis Obispo's participation in the California Energy Commission's Energy Partnership Program. 2. The Utilities Director to execute all the necessary documents to implement and cant' out the purposes of the program; motion carried 5:0. City Council Meeting Page 4 Tuesday, February 17, 2009 C5. LANDSCAPE MAINTENANCE SERVICES REQUEST FOR PROPOSALS. ACTION: Moved by Settle /Ashbaugh to: 1. Approve the request for proposals for landscape maintenance services. 2. Authorize staff to advertise for proposals. 3. Direct staff to bring the award of contracts back to the City Council for final approval; motion carried 5:0. C6. UTILITY TRENCH REPAIR 2008 -09, SPECIFICATION NO. 90896. ACTION: Moved by Settle /Ashbaugh to: 1. Approve plans and specifications for Utility Trench Repair 2008 -09, Specification No. 90896. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineers Estimate of $300,000; motion carried 5:0. PHI. PUBLIC HEARINGS 1 02)- Associate Planner Dunsmore and Community Development Director Mandeville presented the agenda report and responded to questions. 1 Mayor Romero opened the public hearing. Bruce Fraser, applicant's representative, spoke on behalf of the project. He disagreed with staffs review and expressed concern regarding the City s inflexibility on this project. He discussed the uniqueness of the proposed facility and its mission, and asked Council to approve the Use Permit as recommended by the Planning Commission. Wayne Barcelon, Barcelon & Jang Architects, displayed drawings and discussed the design of the project as well as site specific influences. The following people spoke in favor of the project as proposed by the Planning Commission: Michael Boudreau, San Luis Obispo resident and former member of the Architectural Review Commission Jack Biesek, area resident and design consultant Nixson Borah, current resident of Atascadero and former resident of the City Joseph Timmons, President of the Art Center Board of Directors Karen Kile, Executive Director of the Art Center Robert Seeley, San Luis Obispo business owner and former member of the Downtown Association Design Committee Board of Directors City Council Meeting Page 5 Tuesday, February 17, 2009 David Dubbink, San Luis Obispo business owner ' Carl Dudley, San Luis Obispo Erik Kardel, San Luis Obispo Amy Kardel, San Luis Obispo Ken Schwartz, resident and former Council Member Pierre Rademaker, San Luis Obispo Dave Garth, speaking as a resident Joanne Beaule Ruggles, San Luis Obispo Deborah Cash, Executive Director of the Downtown Association Erik Justesen, San Luis Obispo Ermina Karim, representing the Chamber of Commerce Joseph Abrahams, San Luis Obispo (Mr. Abrahams suggested, however, that the 50 -foot height from the creek level is excessive.) Diane Blakesly Broceta, San Luis Obispo (Ms. Broceta spoke against referring the project back to the Architectural Review Commission to review minor design changes.) Steve Barasch, San Luis Obispo, said he generally supported the project, but suggested there is a broader issue to consider; i.e., whether there are cultural land marks or icons that are appropriate in a downtown historic district and whether a mix of styles can be compatible with the present architectural styles that exist in the historic district. The speakers listed below opposed the project. Their concerns included, in part, that the scale is inappropriate for its location, that the building would be a better fit in a different location, that it does not comply with the requirements of the GeneralPlan, and that it doesn't reflect the historic downtown: Allan Cooper, representing Save Our Downtown Sara McEre, San Luis Obispo Diane Duenow, San Luis Obispo Jim Duenow, San Luis Obispo Gary Fowler, San Luis Obispo Mayor Romero closed the public hearing. Staff made some general observations related to the public comments and responded to questions. During the ensuing discussion Council Members expressed concerns, but generally supported the proposal. With the exception of Mayor Romero's concerns about the shape and height of the atrium, these concerns were addressed in revised language incorporated into the resolution that was presented to Council following the recess. Council recessed from 10:10 to 10:30 p.m. and the meeting reconvened with all members present. 1 City Attorney Lowell reviewed the revisions to the proposed resolution as follows: City Council Meeting Page 6 Tuesday, February 17, 2009 SestieA4 —. Approval. The request to allow the Use Permit to construct a new building for 1 the Art Center located in the S- Overlay zone is hereby approved, based on the following findings and subject to the conditions set forth below: Findings 1. The proposed new building is compatible or complementary to structures on adjacent properties as required by Ordinance 1514 since, as conditioned, the building massing, articulation, exterior materials and roof incorporate materials and colors that are sympathetic to nearby historic structures, specifically the Mission and the Carnegie Library. 2. As conditioned, the proposed new building is consistent with General Plan Conservation and Open Space Element Policies that are designed to protect and enhance the City's historic districts. Furthermore, the addition of new landscaping will enable the building to blend into its setting adjacent to the creek and surrounding riparian vegetation. 3. As conditioned, the proposed new building is consistent with the Historic Preservation Guidelines which require that new primary structures within Historical Preservation Districts should further promote the historic character of those areas-.4a this -case; in that the building design contrasts with the existing historic buildings, 1 thereby highlighting the unique architecture and monumental status of each. 4. As conditioned, the proposed building design is consistent with the Community Design Guidelines since the height and scale of the proposed new structure complements existing adjacent buildings and will provide human scale and proportion. 5. The specific site of this project provides a sylvan setting within the Downtown District that is unique and different from retail storefronts that are characteristic of much of the Downtown Historic District. 56. The development project does not require additional environmental review because the rezoning of the property (Resolution 9975) examined the Art Center proposal in an environmental initial study and a Mitigated Negative Declaration for the project was approved by City Council. Conditions: The project shall return to the Architectural Review Commission to assure that the exterior color, texture and materials are compatible with the setting, and to consider adding pedestrian scale to the building on Broad and on Monterey Streets through art display windows, sculptural elements, or landscape features that help interpret the primary function of the building as a center for art. City Council Meeting''.­. Tuesday, February 17, 2009 Page 7 r. . Ax- .. r� 'WHr TM - -- - -- - - - ACTION: Moved by Settle /Carter to adopt Resolution No. 10059 (2009 Series), with the modifications shown above, to approve the use permit based on findings and subject to conditions, including a condition to return to the Architectural Review Commission to review minor design changes; motion carried 5:0. City Manager Hampian suggested Council may want to consider incorporating more . clearly into its policies what flexibility staff may have in interpreting compatibility and consistency when presented with special projects such as the Art Center in the future. While it was appropriate for Council to make the interpretations it did for this project, it would not have been appropriate for staff to do so in light of existing policies. ' A brief discussion followed, during which Council concurred that its action was not intended to set a precedent, but its determination was made specifically for this particular project because of its unique features, setting and circumstances in the downtown. PH2. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S APPROVAL OF A MIXED -USE PROJECT AT 399 FOOTHILL BOULEVARD (ARC 106 -08). Deputy Community Development Director — Development Review Davidson presented the agenda report and responded to questions. Mayor Romero opened the public hearing. Steve and Stefanie Hilstein, appellants, explained why they thought the proposed parking is inadequate for the project, why the project could create a potential traffic hazard at the comer intersection, and why they thought the residential units contain the poential to create more bedrooms than planned. They also discussed concerns about the potential removal of trees. They stated for the record that they did not receive advance notification of the February 18, 2008, Architectural Review Commission meeting. Thom Braikovich, architect and representative for Dave Lopez, explained how the issues ' contained in the original appeal had been addressed, spoke in support of the project, and responded to questions. City Council Meeting Tuesday, February 17, 2009 Page 8 William Geiger, San Luis Obispo, spoke in support of the proposed project. , Brett Cross, San Luis Obispo, expressed concem with the design and size of the second floor residential units, which have the potential for residents to convert these to two - bedrooms. Michael Bravo, builder, spoke in support of the project. David Lopez, applicant, discussed his unsuccessful attempts to contact the appellants so as to resolve their concerns. He pointed out that there are approximately four additional parking spaces along Tassajara Boulevard in addition to the ones referenced in the staff report. Mayor Romero closed the public hearing. Council discussion followed regarding parking and the potential to convert space to an additional bedroom. However, a Council majority acknowledged that no variance is being requested and the project meets the City's requirements. Vice Mayor Settle concurred with the concerns expressed by the appellants and Mr. Cross. ACTION: Moved by Ashbaugh/Carter to adopt Resolution No. 10060 (2009 Series) denying the appeal, and upholding the Architectural Review Commission's action to approve the project at 399 Foothill Boulevard, based on findings, and subject to conditions; motion carried 4:1 (Settle opposed). COUNCIL LIAISON REPORTS Council Member Marx reported on the February 4 San Luis Obispo Council of Government's meeting. Vice Mayor Settle reported on his attendance, with the City Manager, at the Chamber's sustainability subcommittee meeting this morning. Council Member Ashbaugh commented on his attendance at the Jack House Committee meeting last week. COMMUNICATIONS Vice Mayor Settle reported on activities of Call-afco. Council Member Marx referred her memo (on file in the City Clerk's office) related to the banning of bottled water in City offices and suggested that this subject be added to a 1 future agenda. City Council Meeting Tuesday, February 17, 2009 Page 9 There was not Council support to place this matter on an agenda. City Manager Hampian and City Clerk Hooper confirmed that staff is mindful of the concerns that using bottled water creates and that an effort is being made to minimize its use. There being no further business to come before the City Council, Mayor Romero adjourned the meeting'at 12:14 a.m. Audrey Hoopfir City Clerk APPROVED BY COUNCIL: 04/07/09 1 1