Loading...
HomeMy WebLinkAbout01/19/2010MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 19,_2010 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS.OBISPO, CALIFORNIA 4:30 P.M. – SPECIAL MEETING – COUNCIL CHAMBER ROLL CALL: Council Members Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice Mayor Andrew Carter, and Mayor Dave Romero City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shelly Stanwyck, Assistant City Manager and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. BUSINESS ITEMS 1. 1 PUBLIC Parks & Recreation Director Kiser introduced. this item, following which Recreation Manager Bates presented the agenda report and responded to questions. Public Comments Ann Ream, Chair for Arts Obispo, spoke in support of staff s recommendation. —end of public comments-- - Parks and Recreation Director Kiser introduced the Ernst family. Council discussion ensued during which they discussed the possibility of adding parking spaces near the location of the art piece and expressed their appreciation to the Ernst family for the donation. Assistant City Manager Stanwyck explained that per the City's policies parking is not typically allowed in open spaces.. ACTION: Moved by Settle /Ashbaugh to: 1. As recommended by the Capital Improvement Plan Review Committee, approve specific public art projects for funding through the 2009 -11 Financial Plan. 2. As recommended by the Public Art Jury and the Architectural Review Commission (ARC), adopt Resolution No. 10141 (2010 Series) City Council Meeting Page 2 Tuesday, January 19, 2010 accepting the donation of the public art piece Oh Great. Spirit for installation on the open space at Higuera Street and Prado Road; motion carried 5:0. 2. ORDINANCE AMENDING. RESIDENTIAL NOISE REGULATIONS. Chief of Police Linden introduced this item, following which Captain Ian Parkinson presented the_ agenda report and responded to questions. Public Comments Tony Bangert, San Luis Obispo, spoke about his concerns regarding noise near his residence on South Broad Street. Sharon Whitney, San Luis Obispo, spoke in support of staff's recommendation. Larry Leal, San Luis Obispo, spoke in support of staffs recommendation. Carolyn Smith, San Luis Obispo, spoke in support of a twelve month premises list and suggested alternative language to Section 9.12.110 D. Brett Cross, Chairperson for Residents . for Quality Neighborhoods, spoke about his concern regarding the premises list and referred to a correspndence he submitted to Council as a Red File. Kelly Griggs, ASI President — Cal Poly, spoke about the relationship between the community and Cal Poly. Andy Farrell, Interfratemity Council President — Cal Poly, spoke about his concerns regarding the "first time and minor offenders." Lauren Babek, San Luis Obispo, spoke about her concerns regarding the proposed premises list. Steve Delmartini, San Luis Obispo, spoke in support of staffs recommendation. Sam Young, San Luis Obispo, spoke about his concerns regarding, enforcement of any noise violation as a misdemeanor. Derek Brangham, spoke about his opposition to staffs recommendation. Terry Mohan, San Luis Obispo, spoke about implementing a "zero tolerance" policy. Sandra Rowley, San Luis Obispo, spoke in support of staffs recommendation with the exception of the 12 month premises list. City Council Meeting Page 3 Tuesday, January 19, 2010 Mark Rudou, San' Luis Obispo, spoke about his concerns regarding issuing noise violations for all residents exceeding the noise level limits. ---end of public comments— Police Chief Linden, responded to the public comments. Council discussion ensued during,which they spoke in support of staffs recommendation, community service for offenders and amending the premises list to extend to nine months from the date of the first noise violation, ACTION: Moved by.Settle /Ashbaugh to: 1. Introduce Ordinance No. 1540 (2010 Series ) amending section 9.12.110 of the San Luis Obispo Municipal Code to create sanctions for continued residential noise violations to increase the premises list to be extended to 9 months from the date of the first noise violation. 2. Approve modifications to procedures used to enforce and administer noise regulations. 3. Authorize the use of community service to off -set all or part of the administrative fine for first -time violators of the City noise ordinance; motion carried 5:0. ADJOURN TO CLOSED SESSION 6:30 P.M. 6:30 P.M. – CLOSED SESSION – COUNCIL HEARING ROOM ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Dietrick announced the following Closed Session topic: CONFERENCE WITH LEGAL COUNSEL – Existing Litigation Pursuant to Government Code § 54956.9 Jeffrey Milne v. City of San Luis Obispo San Luis Obispo County Superior Court Case No.: CV 080541 PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Romero called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CLOSED SESSION REPORT. City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00 p.m. Regular Meeting The Closed Session adjourned at 7:05 ,,m. City Council Meeting Tuesday, January 19, 2010 Page 4 REGULAR MEETING — COUNCIL CHAMBER Mayor Romero called the regular meeting to order at 7:13 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in' Closed Session to discuss Existing Litigation as indicated above. PRESENTATION City Clerk Cano administered the Oath of Office to new City of San Luis Obispo City Manager, Katie Lichtig. PUBLIC COMMENT Peter Jankay, Administrator. of San Luis Obispo Farmer's Market, spoke about his concerns regarding Thursday Night Promotions — Farmer's Market. Sandra Diamond, Managing Director of Farmer's Market North County, spoke in support of the continued success of the Thursday Night's Farmer's Market in downtown. Elizabeth Johnson, spoke in support of the two previous speakers. Mayor Romero suggested that Mr. Jankay, Ms. Diamond and Ms. Johnson work with the Downtown the Association to come to a solution. Assistant City Manager Stanwyck recommended agendizing this topic for a future Council meeting. Council concurred. Paul Boniour, San Luis Obispo, spoke about his concerns regarding Laguna Lake. Don Edwards, Grover Beach, spoke about his concerns regarding a recent pit bull attack. Mayor Romero responded to the concerns of Mr. Bonjour. City Engineer Lynch clarified that there has been water sampling done in the past. Those samples did not reveal any hazardous material contamination. Staff is scheduling the work at the outflow for this current dry season. 1 1 1 City Council Meeting Tuesday, January 19, 2010 -' CONSENT AGENDA By consensus, Council agreed to pull item C6 for further discussion. Page 5 ACTION: Moved by Marx/Settle to approve the Consent Agenda as indicated below. C1. MINUTES. ACTION: Moved by Marx/Settle to waive oral reading and approve as presented; motion carried 5:0. C2. 2009 -11 COST ALLOCATION PLAN. ACTION: THIS ITEM WAS PREVIOUSLY PULLED FROM THIS AGENDA. C3. E NO. 1538 (2010 S 'IONS) OF THE MUI ACTION: Moved by Marx/Settle to Adopt Ordinance No. 1538 (2010 Series); motion carried 5:0. C4. RE- INTRODUCTION OF. THE CITY'S SIDEWALK CAFE ORDINANCE (TA 52- 08 ). ACTION: Moved by Marx/Settle to re- introduce Ordinance No. 1539 (2010 Series) that incorporates text amendments to Municipal Code Chapter 5.50 relating to sidewalk cafes and approve a negative declaration for the project; motion carried 4:1, Ashbaugh opposed. C5. HYDROMODIFICATION PLAN, JOINT EFFORT PARTICIPATION. ACTION: Moved by Marx/Settle to authorize staff to proceed with the development of'a Hydromodification Management Plan under the conditions of the Central Coast Regional Water Quality Board's joint effort proposal; motion carried 5:0. C6. L OF THE PARKING M 184-09: 21 CASA S This item was pulled for further Council discussion. Vice Mayor Carter stated his abstention due to the fact that his wife works for Tenet Health Care. Mr. Carter then left the Council Chamber. City Council Meeting Page 6 Tuesday, January 19, 2010 Council discussion ensued at which time they discussed concerns regarding noise issues and impacts and the internal process for which this project was reviewed. and I noticed. Community Development Director Mandeville and Senior Planner Ricci discussed the project processes and analysis that were completed and approved by the Architectural Review Commission. City Attorney Dietrick referred to Public Utilities Code 21662.4 which states that the use for emergency flight facilities is regulated under state law and federal jurisdiction. Therefore the use regulation is outside of the City's purview and exempt from local ordinances. Joe DeSchryver, Chief Operating Officer — Sierra Vista Regional Medical Center, explained that the helipad was planned during the initial planning process of the parking structure however, due to funding was unable to commit during the review of the project. ACTION: Moved by Settle /Romero to adopt Resolution No. 10142.(2010 Series) supporting the Community Development Director's action to approve a helistop on the roof of Sierra Vista Hospital's parking structure at 21 Casa Street, with modifications to the resolution; motion carried 4:0, Carter recused. Vice Mayor Carter returned to the dais after the discussion of Item C6. C7. 2010 LEGISLATIVE ACTION PLATFORM. ACTION: Moved by Marx/Settle to: 1. Adopt Resolution No. 10143 (2010 Series) establishing a Legislative Action Platform for 2010 as amended. 2. Appoint the Mayor, City Manager, and City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo; motion carried 5:0. C8. AMENDMENT NO.3 TO MACRO ACTION: Moved by Marx/Settle to approve Amendment No. 3 to the radio system design services contract with Macro Corporation in the amount of $45,040 and authorize the Mayor to sign the agreement; motion carried 5:0. C9. CALIFORNIA LOCAL ACTION: Moved by Marx/Settle to adopt Resolution No. 10144 (2010 Series) in support of statewide efforts to assess the needs of local street and road maintenance and to advocate for increased funding for streets and roads to bring them up to Best Management Practices condition; motion carried 5:0. City Council Meeting Page 7 Tuesday, January 19, 2010. PUBLIC HEARINGS 3. SURF CAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND TAXI PERMIT. Director of Public Works Walter introduced this item, following which Transit. Manager Webster presented the agenda report and responded to questions. Mayor Romero opened the public hearing. There were no public comments forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Settle /Marx to adopt Resolution No. 10145 (2010 Series) declaring the need for the operation of four (4) taxi operators in the City of San Luis Obispo and authorize the City Manager or her designee to process the Certificate of Public Convenience and Necessity and approve five (5) Taxi Permits to Surf Cab Company on a one -year trial basis; motion carried 5:0. 4. DRAFT HOUSING ELEMENT UPDATE (GPA 12048). Director of Community Develop Mandeville introduced this item, following which Deputy Director Murry and Senior Planner Hook presented the agenda report and responded to questions. Council recessed at 9:19 p.m. and reconvened at 9:30 p.m: with all members present Mayor Romero opened the public hearing. Chuck Stevenson, Planning Commission Chairperson, stated that the Planning Commission was in full support of staffs recommendation. Joan Hamer, San Luis Obispo, spoke in support of staffs recommendation. Sandra Rowley, San Luis Obispo, spoke about her concerns regarding the need for on campus housing. Mayor Romero closed the public hearing. Community Development Director Mandeville explained why Cuesta College is unable to provide housing. 1 City Council Meeting Page 8 Tuesday, January 19, 2010 Council began the task of reviewing the Draft Housing Element and concurred that there were no concerns or changes to Charters 1 and 2. Suggestions were made to modify the various sections of Chapter 3. A majority of the Council agreed to amend the following: Goal 2 Afffordability • Programs — 2.6 and 2.17 Goal 3 Housing Conservation • Policy — 3.2 • Program — 3.14 Goal 7 Neighborhood Quality - definition • Program — 7.9 Goal 8 Special Housing Needs • Program — 8.24 Goal 9 Sustainable Housing, Site, and Neighborhood Design • Program 9.7 Goal 10 Local Preference • Policy —10.2 • Program —10.5 ACTION: Moved by Settle /Carter as recommended by the Planning Commission, to adopt Resolution No. 10146 (2010 Series) approving the Negative Declaration of Environmental Impact and adopt Resolution No. 10147 (2010 Series) approving the November 2009 Draft Housing Element of the General Plan as amended; motion carried 5:0. COUNCIL LIAISON REPORTS Mayor Romero reported on his attendance at the following meetings: January 6"' meeting with Lois Capps Federal Stimulus Funding, January 8th Mayor's meeting; January 14th PAC meeting, and January 14th Mayor's Quarterly. Council Member Settle reported on his attendance at the LAFCO meeting. Council Member Marx reported on her attendance at the January 6th SLORTA meeting, January 8m meeting of the Air Pollution Control District, and January 15th Joint Policy meeting. COMMUNICATIONS Mayor Romero requested that the naming of the proposed hockey rink be placed on a future Council agenda for further discussion. Mayor Romero would like to agendize the League of California initiative on the February 2"a Council meeting. City Council Meeting Tuesday, January 19, 2010 Page 9 There being no further business to come before the City Council, Mayor Romero adjoumed the meeting at 11:17 p.m. Elaina Cano, CIVIC City Clerk APPROVED BY COUNCIL: 03/02/10 1 Fj