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HomeMy WebLinkAbout01/20/2009MINUTES ' SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 20, 2009 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle, and Mayor Dave Romero Absent: Council Member John Ashbaugh 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. BUSINESS ITEMS ' B1. SANTA ROSA SKATE PARK.MASTER PLAN. Parks & Recreation Director Kiser and RRM Design consultant Mike Sherrod presented the agenda report and responded to questions. Public Comments The following people spoke in support of proceeding with the skate park: Chris Pontius (Ms. Pontius asked Council to commit $750,000 for this project.) Johnny Miller, skate park instructor Jay LaPalm Derrick Conahan, One Way Boardshop (Mr. Conahan also made a $1,500 donation from his shop's proceeds for the park and discussed efforts to obtain outside funding.) Robbie Douglas Eric Meyer, San Luis Obispo Cole Robbins Ethan Bettencourt, Cayucos Cooper Jamieson Tim Denham —end of public comments -- City Council Meeting Page 2 Tuesday, January 20, 2009 A brief discussion followed during which Council Members noted their support of the Skate Park Master Plan and City Manager Hampian explained that the next step in this process will be for Council to determine whether development of the Skate Park will be considered as part of the 2009 -11 Financial Plan process. ACTION: Moved by Settle /Marx to approve the Santa Rosa Skate Park Master Plan; motion carried 4:0 (Ashbaugh absent). STUDY SESSIONS SS1. COMMUNITY GARDEN PROGRAM. Director of Parks & Recreation Director Kiser introduced Recreation Supervisor Wallace who presented the agenda report. Natural Resources Manager Havlik provided an analysis of the Calle Joaquin open space. A brief discussion ensued. during which staff responded to questions. City Manager Hampian indicated that action is not being recommended at this time, but suggested that Council may want to direct staff, as part of the goal- setting and budget process, to prepare a conservation plan for the Calle Joaquin open space. Kathy Kelly made a presentation on the non - profit organization Urban Farming and ' distributed articles and press releases providing additional information (on file in the City Clerk's office) on the mission, gardens, and programs with which this organization has been involved. Public Comments Paul Rys said that he is involved with organic farming south of the City limits and suggested that larger garden spaces should be considered outside of the City limits, that he and other farmers would be willing to donate land for this use, and that efforts should be made to involve youth in community gardening. Eric Veinm' San Luis Obispo, supported use of the Calle Joaquin open space for agricultural purposes and development of a master plan for that property. —end of public comments— No action or specific direction was required on this item. However, Council commented on the various sites and provided suggestions. Following is a brief summary of some of their suggestions for consideration as this matter is brought forward during the goal - setting session. I City Council Meeting Page 3 Tuesday, January 20, 2009 Vice Mayor Settle: Supported considering the information shared as part of the goal- ' setting and budget process. Council Member Marx: Supported expanding the community garden program, involving the Homeless Shelter /Prado Day Center or Cal Poly in teaching gardening skills, and including the Human Relations Committee in this endeavor. Council Member Carter: Supported expanding the space provided for community gardens, wanted more information regarding where the demands are so as to be able to meet those demands closest to those areas, questioned the need for portable water, supported raising fees and varying the size of the plots, and supported pursing the suggestions made by Mr. Rys and Mr. Meyer. Mayor Romero: Agreed that consideration should be given to increasing the fees and suggested that a farming operation rather than community gardens would be a more appropriate use of the Calle Joaquin site. ACTION: The report was received. No further action was required. SS2. CITY OWNED ADOBES. Assistant City Manager Stanwvck and Principal Administrative Analyst Elke presented a report on City -owned adobes and responded to questions Council Member Marx suggested that consideration be given to using the grounds surrounding some of the adobes for community garden plots. Public Comments Agatha Reardon, San Luis Obispo, said she was not asking Council to include the restoration of the Rodriguez Adobe in the 2009 -11 budget process, but asked that it not be used as a storage shed and that it be restored in the future. Eric Meyer, San Luis Obispo, expressed concern regarding the La Loma Adobe and pointed out that the storage shed roof additions are in immediate danger. —end of public comments— Mayor Romero, Council Member Carter, and Vice Mayor Settle commented on the importance of preserving the Adobes. Council may want to consider recommendations about the Adobes during its 2009 -11 goal- setting session. ACTION: The reports were received and comments made. No further action was taken. 1 The Special meeting adjourned at 6:38 p.m. City Council Meeting Tuesday, January 20, 2009 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 20, 2009 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Page 4 Council Members Present: Council Members Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero Absent: Council Member John Ashbaugh 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. INTRODUCTION San Luis Obispo County Supervisor Bruce Gibson introduced himself, noted his desire to t strengthen City - County relations, referred to subjects on which he and the other Supervisors who represent the City coordinate, and discussed the emerging need to consider a regional view of planning. PROCLAMATION Mayor Romero presented a proclamation to Patrice Sanchez, representing ALPHA, Inc., acknowledging their efforts to provide pregnancy counseling and support, as well as assistance to unwed and /or low- income mothers, and acknowledged its upcoming Pedal - to -Pier bicycle event. PUBLIC COMMENT Paul Ogren, San Luis Obispo, asked Council to find a way to assist the owner of Zackie's Golden Waffle House in resolving his sign issues. Gary Fowler, San Luis Obispo, echoed comments by Mr. Ogren. He expressed disappointment that the citizens who spoke at the public forum last week were not considering the financial problems with which the City is faced. J 1 City Council Meeting Page 5 Tuesday, January 20, 2009 Terry Mohan, San Luis Obispo, also supported Mr. Ogren's comments regarding Zackie's. CONSENT AGENDA ACTION: Moved by Settle /Marx to approve the Consent Agenda as indicated below. C1. MINUTES OF TUESDAY,. JANUARY 6, 2009: ACTION: Moved by Settle /Marc to waive oral reading and approve the minutes as presented; motion carried 4:0 (Ashbaugh absent). C2. SALE OR LEASE OF CITY PROPERTY. ACTION: Moved by Settle /Marx to adopt Resolution No. 10052 (2009 Series) setting policies for the sale or lease of surplus property; motion carried 4:0 (Ashbaugh absent). PUBLIC HEARINGS PHI. APPEAL OF THE TREE COMMITTEE'S DECISION TO ALLOW HOMEOWNERS AT 1256 SYDNEY AND 1268 SYDNEY TO REMOVE STREET TREES AND REPLACE WITH NEW TREES. Urban Forest Supervisor Pellemeier and City Arborist Combs presented the agenda report and responded to questions. Mayor Romero opened the public hearing. Applicant Scott Haves, 1256 Sydney, discussed the damage the roots of the tree in front of his house has caused to his sewer system and the curb and sidewalk, as well as other nuisances it has created. He explained that he will plant two trees in place of the one that he is requesting be removed. Carl Abeloe, 1268 Sydney Street, discussed the damage that the tree in front of his house has caused to his water line and the curb and concrete in front of his house. He submitted letters and photos (on file in the City Clerk's office) supporting his request to have the tree removed. Appellant Caroline Botwin, San Luis Obispo, spoke on behalf of herself and her husband in opposition to the removal of the trees particulalry because of the impact said removal will have on the character of the neighborhood. She submitted a petition (on file in the City Clerk's office) signed by several people also oposing removal of the trees. Tent/ Mohan, San Luis Obispo, opposed the removal of the trees and submitted a letter from Jane Shumaker (on file in the City Clerk's office), who also opposed removal of the 1 trees. City Council Meeting Page 6 Tuesday, January 20, 2009 Tom Weinschenk, San Luis Obispo, also opposed the removal of the trees. Curt Lowgren, San Luis Obispo, supported of removal of the trees. ' Mayor Romero closed the public hearing. Vice Mayor Settle, Council Member Carter, and Mayor Romero supported removal of the trees because of the damage they were doing to water and sewer lines. Council Member Marx opposed removal of the trees and expressed concern regarding the trees that were removed in this neighborhood and have not been replaced. Council Member Marx moved to direct staff to prepare a plan to address the tree issues in this neighborhood and to return to Council with said plan within the next six months. Motion failed due to lack of a second. ACTION: Moved by Settle /Carter to adopt: 1) Resolution No. 10053 (2009 Series) denying the appeal of the Tree Committee's decision to allow the removal of one Shamel Ash (Fraxinus Uhdei) tree at 1256 Sydney Street, thereby authorizing removal of the tree. 2) Resolution No. 10054 (2009 Series) denying the appeal of the Tree Committee's decision to allow the removal of one Shamel Ash (Fraxinus Uhdei) tree at 1268 Sydney Street, thereby authorizing removal of the tree; motion carried 3:1 (Marx opposed, Ashbaugh absent). Vice Mayor Settle moved to support Council Member Marx's request that staff begin preparation toward a master plan for tree replacement. Motion failed due to lack of a second. A brief discussion followed during which Council concurred that a master plan would be a matter that should be considered during the goal- setting process. In the meantime, staff will visit the area of concern on Sydney Street and determine whether there is an opportunity to replace any of the trees that have been removed. BUSINESS ITEMS B2. 10 -YEAR PLAN TO END HOMELESSNESS IN SAN LUIS OBISPO COUNTY. Principal Administrative Analyst Elke introduced this item, following which Dana Lilley with the County Planning Department presented the report. He and staff responded to questions. The following representatives of the Transition Team were also in attendance: Paul Brown (former Council Member and Liaison to the Leadership Council), Dee Torres (EOC Homeless Services Director) , Mike Ball (County Mental Health), and Amy Gilman (Legislative Assistant to Supervisor Jim Patterson). 1 1 1 City Council Meeting Page 7 Tuesday, January 20, 2009 Public Comments Paul Brown, former Council Member and resident, spoke in support of the Plan and recommended that Council appoint Council Member John Ashbaugh as the City's liaison to the newly established governing board responsible for overseeing the implementation of the 10 -Year Plan. Dee Tores, Director of EOC Homeless Services and Manager of the Prado Day Center, also spoke in support of the Plan. --end of public comments - -- Council Members spoke in support of the Plan and the recommendations. ACTION: Moved by Settle /Marc to: 1. Receive the 10 -Year Plan to End Homelessness, as prepared under the guidance of the countywide San Luis Obispo Leadership Council. 2. Endorse the Guiding Principles that underlie the 10 -Year Plan, as approved by the Leadership Council. 3. Utilize the 10 -Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo. 4. Appoint Council Member Ashbaugh as City Council Liaison to serve on the newly established governing board to oversee the implementation of the 10 -Year Plan to End Homelessness in San Luis Obispo County; motion carried 4:0 (Ashbaugh absent). Council recessed at 9:25 p.m. and reconvened at 9:35 p.m. with the same members present. B3. Economic Development Manager Clark presented the agenda report. She, Chief Building Official Girvin, City Manager Hampian and Citv Attorney Lowell responded to questions. Public Comments Kay and George Kartsioulcas, owner of property at 1131 Broad Street, requested an extension until July 1, 2010.. Ms. Kartsioulcas explained that although they have always intended to do the retrofit, they did not expect to find themselves in the difficulty where they are unable to fund the retrofit until they can sell other properties. She said they will continue to work diligently to sell their properties and get the work done on this building. Carol Florence, Principal Planner for Oasis Associates and representative for SLO Investments, discussed a development project that is underway at 1120 Morro Street. She said the retrofit will not be able to be completed by its deadline of July 2009 and City Council Meeting Page 8 Tuesday, January 20, 2009 asked for flexibility with this deadline particularly in light of the current economic conditions. 1 Leslie Halls, representing the Springfield Missionary Baptist Church, discussed the progress that has been made on the Church's retrofit project and noted that the congregation is trying to meet the deadline. The main obstacle for the Church is funding. Pierre Rademaker, Chair of the Chamber's Seismic Task Force, spoke in support of the work accomplished within the Seismic program as well as of continued flexibility. Ermina Karim, Chamber of Commerce and staff representative on the Chamber Task Force, supported the staffs efforts and recommendations. Mike Spangler, owner of 664 Marsh, an 800 square foot building, said that he will be unable to retrofit his building because of the cost and will have to leave the downtown. He expressed concern that the URM Program was implemented during a different economic climate and suggested there is a need for additional staff assistance on behalf of property owners to obtain funding or they may be unable to comply with the program. John Fagnani, owner of the URM building at 1127 Broad Street, discussed concerns he had regarding the exorbitant costs construction companies are charging for this work, but said that the work on his building should be done by March 1, with the installation of sprinklers occurring during the following two or three weeks. John Fowler, San Luis Obispo, said two phases of the work at the Mission have been completed. Subsequent, non -URM repairs are in the process of being completed at the Mission. In addition, the Mission Prep School has been completely strengthened, well ahead of the scheduled deadline. He said he serves on the URM Task Force and urged Council to continue with the program and maintain flexibility. —end of public comments - -- Economic Development Manager Clark welcomed Mr. Spangler's suggestions but noted staff has worked with banks in the past to explore financing programs for URMs but that financing is not "one size fits all" in the case of retrofits. Economic Development Manager Clark also noted that the Springfield Baptist Church already has a deadline of 2010 so they have some time to prepare. Council discussion ensued, during which Council concurred that while staff should continue to be as flexible as possible related to the July 1, 2009, deadline, work must be accomplished no later than July 1, 2010, in accordance with the Program. Council affirmed the use of penalties and requested indemnification of the City in the event a deadline is not met. Staff assured the Council that all efforts would be made to meet with any property owner who needs flexibility beyond the July 1, 2009 deadline to discuss the circumstances under which flexibility could be allowed. 1 City Council Meeting Page 9 Tuesday, January 20, 2009 ACTION: Moved by Carter /Marc to: 1. Receive the report on the status of the ' Unreinforced Masonry Hazard Mitigation (URM) Program. 2. Acknowledge use of existing enforcement tools by the Chief Building Official as outlined in the staff report. 3. Acknowledge potential use of penalties in the event building owners fail to comply; motion carried 4:0 (Ashbaugh absent). COUNCIL LIAISON REPORTS Vice Mayor Settle noted his attendance at a recent Performing Art Center meeting with the Mayor and reported on the recent LAFCO meeting. Council Member Carter reported on his attendance at the recent Mayor's Quarterly meeting with Advisory Body Chairpersons. Mayor Romero reported on the January 15 Performing Arts Center meeting. He also reported the he attended the Student Community Liaison Committee meeting with Vice Mayor Settle. Council. Member Carter reported on his attendance at the Tourism Business Improvement District (TBID) Board meeting on January 14 and said he will attend the joint meeting of the TBID Board and the Promotional Coordinating Committee that will be held on Thursday. 1 Council Member Marx said that she will be meeting with Kim Murry, Deputy Director of Community Development — Long Range Plan, on January 23 at which time she and Supervisor Adam Hill will receive an up -to -date on how the City has followed smart Growth principles as well as the transit situation. COMMUNICATIONS City Manager Hampian said that the appointed officials' evaluations will be held on March 16 instead of March 12. In response to Vice Mayor Settle, City Manager Hampian discussed the assistance staff has provided Zaki Shabbar in an attempt to help him resolve his sign issue, but that Mr. Shabbar must still submit a sign application. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:10 p.m. Audrey Hoo r City Clerk 1 APPROVED BY COUNCIL: 02/17/09