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city of san tins OBISPO
REGULAR MEETING OF THE CITY COUNCIL
Tuesday, October 7, 2014
Regular Meeting — 6:00 p.m.
Council Chamber, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
October 7, 2014 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street,
San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice
Mayor Carlyn Christianson, and Mayor Jan Marx
1 Council Member
Absent: None
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Smith led the Pledge of Allegiance.
PRESENTATIONS
A. PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH AND
WOMEN'S SHELTER 35 ANNIVERSARY
Mayor Marx presented a Proclamation to Beth Raub, Director of Volunteer and
Outreach Services for the Women's Shelter Program, proclaiming October 2014
as "Domestic Violence Awareness" month and congratulating the Women's
1 Shelter Program on their 35th Anniversary.
City Council Meeting Minutes — October 7, 2014
Page 2
B. PROCLAMATION — PATHPOINT 501h ANNIVERSARY
Mayor Marx presented a Proclamation to Barbara Furia, PathPoint Job Developer,
and Bryce Lacy, a participant to PathPoint, recognizing October 13, 2014 as the
50th Anniversary of PathPoint.
APPOINTMENTS
Al. APPOINTMENTS TO THE PROMOTIONAL COORDINATING COMMITTEE,
MASS TRANSPORTATION COMMITTEE AND CONSTRUCTION BOARD OF
APPEALS
City Clerk Mejia reviewed the contents of the Council Agenda Report and
responded to Council inquires.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Appoint Brandon Collins to the Promotional Coordinating Committee, effective
October 7, 2014, to a term expiring on March 31, 2015.
2. Appoint Denise Martinez to the Mass Transportation Committee, representative
with Physical Disabilities, effective October 7, 2014, to a term expiring on 1
March 31, 2015.
3. Waive Council Policies and Procedures Section 6.7.2.5 and appoint Denise
Martinez to the Construction Board of Appeals, representative with Physical
Disabilities, effective October 7, 2014, to a term expiring on March 31, 2018.
PUBLIC COMMENT
Jonathan Roberts, San Luis Obispo, urged Council to explore options to improve
pedestrian safety at the intersection of Ferrini and Foothill, including the possibility of
installing a pedestrian crosswalk.
Terry Mohan, San Luis Obispo, expressed gratitude to staff for their assistance in
facilitating the clean -up of 1179 San Carlos Drive.
Sara Sanders, RideShare Coordinator, encouraged the community to participate in
"Walk to School" day on October 8, 2014 and future RideShare events.
Lisa Myrick, San Luis Obispo, spoke on her experiences as a fire fighter and her desire
to help those in need; stressed the importance of improving bicycle and pedestrian
facilities.
Kim Bisheff, San Luis Obispo, voiced support for the installation of a traffic circle at 1
Chorro and Mill Streets; pointed out that a traffic circle would improve pedestrian and
bicycle safety while maintaining normal traffic flow.
City Council Meeting Minutes — October 7, 2014 Page 3
' Donald Hedrick, San Luis Obispo, urged Council to take immediate action to improve
conditions at Laguna Lake; questioned the propriety of utilizing electronic ballot counting
machines.
Rachel Kovesdi, San Luis Obispo, expressed concern that a Request for Qualifications
(RFQ) for City-wide transportation consulting services was inadequately noticed to local
firms; suggested that the subject RFQ be re- noticed.
Mila Vuiovich- LaBarre, San Luis Obispo, voiced objection to the development of a
proposed hotel on Calle Joaquin, citing concerns related to height, massing, location,
and potential impacts to the viewshed; urged Council to deny a rezoning of this site.
In response to public inquiry, Traffic Operation Manager Hudson explained the noticing
procedure for RFQ and advised that Public Works Department is currently reviewing
proposals for a variety of on -call consulting services.
CONSENT AGENDA
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C6, with
the removal of Item C4 for separate consideration.
1 Jamie. Lopes, representing Save Our Downtown, voiced objection to the delisting of 742
Marsh Street as a contributing historic resource (Item C4); stated that the structure is at
least 50 years old and contributes to the historic character of the neighborhood.
David Brodie, San Luis Obispo, expressed opposition to delisting 742 Marsh Street as a
contributing historic resource; opined that the proposed fagade . treatment is
inappropriate for the structure; noted that the City of Oakland has developed best
practices for the preservation of historic resources.
Donald Hedrick, San Luis Obispo, voiced objection to Item C6; questioned whether a
financing lease is appropriate for this type of equipment.
C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and
ordinances as appropriate
C2. MINUTES OF THE CITY COUNCIL MEETINGS OF AUGUST 26 AND
SEPTEMBER 2, 2014
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council
meetings of August 26 and September 2, 2014.
City Council Meeting Minutes — October 7, 2014 Page 4
C3.
IN -AID (GIA) PROGRAMS
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Approve Community Development Block Grant and Grants -In -Aid funding
priorities for 2015.
2. Make a determination pursuant to Section 15061(b)(3) General Rule and
Section 15306 Categorical Exemption of the California Environmental Quality
Act Guidelines that developing priorities for funding will not have a significant
effect on the environment and is exempt from environmental review.
C4. REMOVAL OF 742 MARSH STREET FROM THE CITY'S LIST OF
CONTRIBUTING HISTORIC RESOURCES (CITY FILE NO. ARCMI 128 -14) -
RESOLUTION
Council Member Carpenter announced that he owns property within 500' of the
subject property and recused himself; left the Chambers at 6:48 p.m.
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Community Development Director Johnson reviewed the contents of the Council 1
Agenda Report, noting that the fagade changes will remain subject to Cultural
Heritage Committee review as the property is within an historic district;
responded to Council inquiries.
Council discussion ensued relative to: 1) the architectural character of the
downtown and whether a vision plan should be developed for Marsh Street; and
2) the standards for determining whether a building should be considered a
contributing historic resource.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR MARX, TIE 2 -2
(COUNCIL MEMBER CARPENTER ABSTAINING), to retain the listing of the
property located at 742 Marsh Street on the City's list of contributing historic
resources in the downtown historic district.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 4 -0, (COUNCIL MEMBER CARPENTER ABSTAINING),
to continue this item to a date uncertain.
Council Member Carpenter return to the dais at 7:08 p.m.
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City Council Meeting Minutes — October 7, 2014
Page 5
C5, ACCEPTANCE OF TRAIL EASEMENT DEDICATION FROM THE SAN LUIS
1 OBISPO (SILO) TERRACE PROJECT TO TERRACE HILL OPEN SPACE
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Accept the dedication of a trail easement from the SLO Terrace project to
provide public access to Terrace Hill Open Space.
2. Authorize the Mayor to execute a Certificate of Acceptance for the trail
easement.
C6. AWARDING OF MOBILE DATA COMPUTER, IN -CAR VIDEO AND
COMMUNICATION GATEWAY CONTRACTS FOR POLICE AND FIRE —
SPECIFICATION NOS. 91236 AND 91273
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
Award a contract to purchase Mobile Data Computers (Specification No.
91236) and Mobile Communication Gateways (Specification No. 91273) to
CDCE Inc.
1 2. Award a contract to purchase In -Car Video systems (Specification No. 91236)
to Watch Guard.
3. Approve the lease financing of $688,501 in equipment purchases through
Bank of the West.
4. Approve a budget amendment to fund the increased cost of the equipment.
PUBLIC HEARINGS AND BUSINESS ITEMS
PHI. A RIDE AWAITS TAXI CAB COMPANY CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
City Clerk Mejia announced that staff is requesting a continuance of this item to
November 10, 2014 at 4:30 p.m.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to continue the Public Hearing to the City
Council meeting of November 10, 2014 at 4:30 p.m. to allow staff to continue with
its analysis of the proposed taxicab company.
City Council Meeting Minutes — October 7, 2014 Page 6
B2. ANNUAL REPORT FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) - RESOLUTION
Tourism Manager Cano and Tourism Business Improvement District (TBID)
Chair Napool narrated a presentation entitled "TBID Annual Report" and
responded to Council inquiries.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to:
1. Receive and approve the Tourism Business Improvement District (TBID)
Board's annual report.
2. Adopt a Resolution No. 10572 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, declaring its intention to
continue the San Luis Obispo Tourism Business Improvement District, to
continue the basis for and to levy the assessment for the district, and to set a
date for the Public Hearing on the district and the assessment for 2014 -15" at
the same rate as in fiscal year 2013 -14. (Public Hearing to be scheduled for
October 21, 2014)
PH3A. REVIEW OF CHAPTER 7 (AIRPORT) AND CHAPTER 8 (SPECIAL FOCUS
AREAS) OF THE DRAFT LAND USE ELEMENT, CHAPTER 11 (AIRPORT) OF
THE CIRCULATION ELEMENT, AND PROPOSED UPDATES TO AIRPORT
ZONING CODE — CONTINUED PUBLIC HEARING FROM 09/30/14
PH3. REVIEW P
ELEMENT AND CHAPTERS 1 -10 AND 12 -16 OF THE DRAFT CIRCULATION
ELEMENT, AND CONSIDER THE FISCAL IMPACT REPORT FOR THE LAND
USE AND CIRCULATION ELEMENTS (LUCE) UPDATE
Mayor Marx announced that Items PH3A and PH3 will be considered jointly as a
single hearing due to the interrelationship of the materials.
City Attorney Dietrick advised the Fair Political Practices Commission (FPPC)
has determined Community Development Deputy Director Murry does not have a
conflict of interest and may participate in all aspects of the Airport Overlay Zone
and all LUCE items.
Community Development Director Johnson, Community Development Deputy
Director Murry, and Transportation Operations Manager Hudson narrated a
presentation entitled "LUCE Update Land Use and Circulation Update" and
responded to Council inquiries.
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City Council Meeting Minutes — October 7, 2014
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RECESS
Council recessed at 8:02 p.m. and reconvened at 8:17 p.m., with all Council Members
present.
Mayor Marx opened the Public Hearing.
Rob Miller, representing Paragon Winery, expressed support for allowing
recycled water to be wheeled outside of City limits.
Andrew Christie, representing the Santa Lucia Chapter of the Sierra Club, voiced
concerns that the LUCE would permit increased development which would
impact air quality, traffic circulation, and increase greenhouse gas emissions;
distributed a list of proposed revisions to the LUCE. A hard copy of Mr. Christie's
document is on file with the City.
Michael Bullock, Oceanside, narrated a presentation related to climate change,
greenhouse gas emissions, and alternative transportation solutions including
curb parking and congestion parking pricing models.
Eugene Jud, San Luis Obispo, spoke on the importance of preserving the City's
viewshed, open space, and agriculture; displayed slides depicting alternative
designs for Prado Road, southern San Luis Obispo, and Highway 101 overpass/
interchange. Hard copies of Mr. Jud's slides are on file with the City.
Rosemary Wilvert, San Luis Obispo, voiced objection to overruling the Airport
Land Use Commission (ALUC); expressed support for increasied housing density
in certain areas, if it were consistent with the Airport Master Plan and Caltrans
regulations; recommended that San Luis Ranch be required to retain a minimum
of 50% gross site acreage for agriculture /open space with no offsite mitigation.
Mila Vuiovich- LaBarre, San Luis Obispo, expressed opposition to overruling the
ALUC; recommended that the LUCE Task Force Minority Report be incorporated
into the LUCE; asserted that development proposals contained in the LUCE would
have negative impacts on residents' quality of life.
Bob Hitchner, Montgomery, Alabama, representing a company which specializes
in on -site water and energy recycling, suggested that the LUCE be modified to
require all new homes to incorporate grey -water recycling systems.
Myron Amerine, San Luis Obispo, conveyed support for the proposed mode -
share allocation model.
Lea Brooks, San Luis Obispo, expressed support for the incorporation of
complete streets concepts, mode share, and allocation of staff resources towards
the implementation of the bicycle transportation plan.
City Council Meeting Minutes — October 7, 2014
Page 8
Donald Hedrick, San Luis Obispo, voiced concern that the public comment period
is overly restrictive and residents should be granted additional time to comment
on the LUCE; urged that Council protect the City's history and viewshed.
Stacey White, Chamber of Commerce LUCE Task Force Member, stated that the
LUCE process has been inclusive and well - facilitated; urged Council to move
forward with the adoption of the LUCE and to overrule the ALUC.
There being no others desiring to speak on this item, the Public Hearing was
closed.
As Council discussion ensued the following direction was noted:
1. Land Use Element, Introduction, Paragraph 3, "The City's planning area
coincides with the County's San Luis Obispo planning area (Figure 1), and
can be generally described as extending to the ridge of the Santa Lucias
( Cuesta Ridge) on the north and east; the southerly end of the Edna Valley
(northern Arroyo Grande Creek watershed boundary) on the southeast; the
ridge of the Davenport Hills on the southwest; and the ridge of the Irish Hills,
Turri Road in the Los Osos Valley, and Cuesta College in the Chorro Valley
on the west," should be modified to reflect the County's updated planning
area.
2. Land Use Element, Introduction, Background to the 2014 Land Use Element, 1
Paragraph 2, should be amended to read as "The City initiated the LUCE
Update in early 2012 with the support of a Sustainable Communities Planning
Grant from the California Strategic Growth Council. The primary objectives of
the Update were to respond to any changed conditions in San Luis Obispo,
incorporate sustainable practices and policies, respond to new State planning
requirements including climate change, and engage the community in a
reaffirmation of the community's vision and goals for the city's future. The
LUCE Update featured a community engagement program, which included a
resident LUCE Task Force from diverse geographic areas of the City; a city-
wide community survey; a series of six community workshops; open houses;
on -line forums; and numerous other outreach efforts."
3. Land Use Element, Introduction, Background to the 1994 Land Use Element,
should be retained as written, but shown in italics.
4. Land Use Element, Chapter 1, Growth Management Policies, (new policy)
Recycled Water, should be incorporated into the Land Use Element as
recommended by the Planning Commission.
Council Member Ashbaugh noted for the record his objection opining that the
policy should be amended to allow for the export of recycled water for
humanitarian water aids reasons /declared water emergency.
City Council Meeting Minutes - October 7, 2014
Page 9
Community Development Director Johnson cautioned against the inclusion of
' "provision of recycled water outside of City limits shall be consistent with the
local Groundwater Sustainability Plan and Agency," noting that the plan and
agency have not yet been created and therefore it cannot be evaluated.
5. It was suggested, but not agreed to by a majority of Council, to reinstate Land
Use Element Chapter 1.12.7(E), "Dalidio Area properties (generally bounded
by Highway 101, Madonna Road, and Los Osos Valley Road) shall dedicate
land or easements for the approximately one -half of each ownership that is to
be preserved as open space."
6. Land Use Element Chapter 1.15.4, Project Review, should be amended to
read as "The City will continue to participate with the County in reviewing and
providing input on County projects and general -plan amendments that have
the potential to impact the City or be inconsistent with City policies. Significant
issues will be referred to the Planning Commission and /or City Council.'
7. It was questioned whether to amend Land Use Element Chapter 2.1.3,
Neighborhood Traffic, "should" to "shall" and following discussion no direction
was provided by Council.
8. Land Use Element Chapter 3.5.7.8(c) should be deleted "Develop tGUF*sre
9. Land Use Element Chapter 3.5.7.12, Business Retention and Expansion,
should be amended to read as "The City shall implement *nh° � -ins
Development StFate& Plan and etheF appropriate strategies for business
retention and expansion with a focus on those providing head -of- household
jobs."
Council Member Ashbaugh noted for the record his objection to the deletion
of the reference to the Economic Development Strategic Plan, noting that the
plan has been duly adopted and assertions that it did not have enough public
involvement are unfounded.
10. Land Use Element Chapter 5.2.6, should be amended to read as "The City,
Cal Poly, and the p°'F m;inq °r+° Foundation for the Performing Arts will
jointly manage the performing arts center on the Cal Poly campus."
11. Land Use Element Chapter 6.4.5 should be amended to read as "The City
shall eneeuFage require the use of methods to facilitate rainwater percolation
for roof areas and outdoor hardscaped areas, where practical to reduce
surface water runoff and aid in groundwater recharge."
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City Council Meeting Minutes — October 7, 2014
Page 10
12. Land Use Element Chapter 6.4.6 should be amended to read as "The City
shall easeuFage require project designs that minimize drainage
concentrations and impervious coverage. avoid Floodplain areas should be
avoided, and where feasible, any channelization shall be designed to provide
the appearance of a natural water course."
13. It was suggested, but not agreed to by a majority of Council, to delete the
footnote and asterisk from Land Use Element Chapter 8.3.2.4, San Luis
Ranch Specific Plan Area.
14. Land Use Element Chapter 9.3.7(D) be amended to read as "Utilize plumbing
fixtures that conserve or reuse water such as low flow faucets or grey water
systems, and implement a builder incentive program that will encourage new
homes to be built with onsite water /heat recycling systems to help achieve the
goal of net zero water and energy use."
15. Circulation Element Chapter 1.7, Promote Alternative Forms of
Transportation, references to year "2000" should be amended to year "2035 ".
16. Circulation Element Chapter 3.0.3 should be amended to read as "The City
shall continue to support paratransit service for the elderly and disabled
persons provided by public, and private and volunteer transportation
providers."
17. Circulation Element, Chapter 3, should be amended to include the following
new program, "The City shall update its Short Range Public Transit Plan to
evaluate adding mass transit stops at the high school and middle school."
18. Circulation Element, Chapter 4.1.2, should be amended to include the
following new program, "Bike Share: The City shall explore a bike share
program in coordination with Cal Poly and other educational institutions."
19. Circulation Element Chapter 7.1.9 should be amended to read as "The City
shall develop and adopt guidelines that implement Policy 7.0.4 e
concurrent with the 2015 -17 Financial Plan..."
20. Circulation Element Chapter 8.1.3 should be amended to read as "The City
shall analyze residential streets for their livability with regards to multi -modal
traffic noise, volumes, and speed and safety. (followed by language
recommended by Planning Commission)
21. Circulation Element Chapter 13.1.1 should be amended to read as "The City
shall maintain and regularly update its Access and Parking Management Plan
(every 5 years), including parking demand reduction strategies, and consider
emerging best practices such as unbundled parking, smart parking 1
technologies and cash out programs."
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City Council Meeting Minutes — October 7, 2014
B4. 2013 TRAFFIC SAFETY REPORT
Page 11
The City Council continued the 2013 Traffic Safety Report presentation to the
Council meeting of October 24, 2014.
LIAISON REPORTS
Council liaison reports were received from Council Member Ashbaugh, Vice Mayor
Christianson, and Mayor Manx.
COUNCIL COMMUNICATIONS
None.
ADJOURNMENT
The City Council adjourned at 11:52 p.m. The next Regular Meeting will be held on
Tuesday, October 21, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street,
San Luis Obispo, California
APPROVED BY COUNCIL: 11/10/2014