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Home My WebLink Aboutc1minutesMEETING j AGENDA MINUTES DATE 4//'//D ITEM #,cl1 MEETING OF THE CITY COUNCI LCITY OF SAN LUIS OBISP O TUESDAY, FEBRUARY 16, 201 0COUNCIL CHAMBER, 990 PALM STREE TSAN LUIS OBISPO, CALIFORNI A 6 :15 P .M . – SPECIAL MEETING – COUNCIL HEARING ROO M ROLL CALL : Council MembersPresent:Council Members John Ashbaugh, Jan Howell Marx, Vice Mayor Andre wCarter, and Mayor Dave Romero . Absent :Council Member Allen Settl e City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shell yStanwyck, Assistant City Manager, and Elaina Cano, City Clerk, wer epresent at Roll Call . Other staff members presented reports or responde dto questions as indicated in the minutes .----------------------------------------------------------------------------------------------------------------- ANNOUNCEMENT OF CLOSED SESSION TOPI C City Attorney Dietrick announced the following Closed Session topic . CONFERENCE REGARDING PROPERTY NEGOTIATION S Pursuant to Government Code § 54956 .8 PROPERTIES : Union Pacific Railroad rights-of-way, various parcels identified as follows :APN 002-343-03 4APN 002-342-02 4APN 002-455-00 4APN 052-193-02 0State Board of Equalization # 850-40-2 BState Board of Equalization # 850-40-2AState Board of Equalization # 805-40-2B, Parcel 3AState Board of Equalization # 850-40-2A MState Board of Equalization # 850-40-2A, Parcel 3 7 NEGOTIATING PARTIES :City of San Luis Obispo :Jay Walter, Katie Lichti gLandowner:Union Pacific Railroad City Council Meeting Page 2 Tuesday, February 16, 201 0 NEGOTIATIONS :Possible acquisition of property, terms and pric e PUBLIC COMMENT ON CLOSED SESSION ITE M Mayor Romero called for public comments . None were forthcoming and the meetin g adjourned to the Closed Session . CLOSED SESSION REPOR T City Attorney Dietrick reported on the Closed Session at the commencement of the 7 :0 0 p .m . regular meeting . The Closed Session adjourned at 7 :03 p .m . ----------------------------------------------------------------------------------------------------------------- 7 :00 P .M . — REGULAR MEETING — COUNCIL CHAMBE R Mayor Romero called the regular meeting to order at 7 :04 p .m . All Council Members were present with the exception of Council Member Allen Settle .Council Member Alle n Settle was seated at the dais at 8 :30 p .m . ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPOR T City Attorney Dietrick reported that Council met in Closed Session to discuss Propert y Negotiations as indicated above . Council provided staff direction . No further reportabl e action was taken . ----------------------------------------------------------------------------------------------------------------- INTRODUCTIO N Fire Chief Callahan introduced the newly hired Fire Administrative Analyst, Julie Cox . ----------------------------------------------------------------------------------------------------------------- PRESENTATION S Mayor Romero presented "2010 Census Partner" proclamation to Priscilla Handley o f the 2010 Census Bureau . Mayor Romero presented a proclamation to Pamela Werth, representative of the Felin e Network Board of Directors, acknowledging "Spay Day USA 2010 ." B . K . Richard of the Land Conservancy gave a presentation on the restoration an d future vision of the Octagon Barn . Mr . Richard introduced Executive Director Bob Hill , who presented the City a painting of the Octagon Barn . City Council Meeting Page 3 Tuesday, February 16, 201 0 ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMEN T John Sherry,San Luis Obispo, spoke about his concerns regarding parking on the street s in neighborhoods and referenced the Parking District Code Section 10 .36 .233 . City Manager Lichtiq explained that staff is working collaboratively across departmenta l lines to come up with a solution . Nick Pafundi,San Luis Obispo, spoke in support of the Google Fiber Optics Network tria l opportunity and requested Council's support . Gary Fowler,San Luis Obispo, spoke about his concerns regarding funding of th e Nacimiento Water project and the proposed parking garage on Palm and Nipomo Streets . Steve Secrest,San Luis Obispo, spoke about his concern regarding water drainage an d flooding in the San Luis Drive neighborhood . City Attorney Dietrick explained that this is a matter of pending litigation and staff is i n communications with Mr . Secrest's attorney . Jeanne Secrest,San Luis Obispo, spoke about her concerns regarding water drainag e and flooding in her neighborhood . Russ Levanway,San Luis Obispo, spoke in support of the Google Fiber Optics Networ k trial opportunity . Ermina Karim,San Luis Obispo Chamber of Commerce, spoke in support of the Googl e Fiber Optic trial opportunity . Jeff Buckinqham,spoke in support of the Google Fiber Optic trial opportunity . City Manaqer Lichtiq stated that staff has been working on this issue aggressively and i s glad to see an increased awareness of this opportunity throughout the community .Ms . Lichtiq explained that staff will be bringing this item back for formal action at the Marc h 12 th Council meeting . ----------------------------------------------------------------------------------------------------------------- CONSENT AGEND A ACTION :Moved by Carter/Marx to approve the Consent Agenda as indicated below . Cl .MINUTES . ACTION :Moved by Carter/Marx to waive oral reading and approve as modified ; motio n carried 4:0, (Settle absent). City Council Meeting Page 4 Tuesday, February 16, 201 0 C2.BOB JONES CITY-TO-SEA TRAIL ACCESS EASEMENT . ACTION :Moved by Carter/Marx to : 1 . Accept the Offer of Dedication of Easemen t from JK Dewar Properties to formalize access for the Bob Jones City-to-Sea project . 2 . Approve the Acknowledgement of Drainage Easement to the benefit of JK Dewa r Properties and authorize the Mayor to execute the document . 3 . Direct the City Clerk t o forward the accepted Offer to Dedicate and Consent form to the County Clerk - Recorder's Office for Recording ; motion carried 4 :0, (Settle absent). C3.ADDITION OF CHAPTER 12 .23 TO THE MUNICIPAL CODE RELATING T O PROTECTION OF RIPARIAN HABITAT AND WATER QUALITY . ACTION :Moved by Carter/Marx to adopt Ordinance No . 1541 (2010 Series);motio n carried 4:0, (Settle absent). C4.LEASE AGREEMENT WITH THE SAN LUIS OBISPO ART CENTER FOR TH E PROPERTY LOCATED AT 1010 BROAD STREET . Council pulled this item for further discussion . Council Member Marx expressed her concerns regarding the park land and removal o f trees . PUBLIC COMMEN T Karen Kile,Art Center Executive Director, requested that the 5% commission b e removed from the current agreement . ACTION :Moved by Marx/Carter to 1 . Rescind the current lease agreement with th e San Luis Obispo Art Center valid until 2017 . 2 . Approve a new 55-year agreement (wit h a potential 44-year extension) lease agreement with the Art Center for construction an d subsequent operation of the San Luis Obispo Art Center with modifications to paragraph 10 . This modification should include an additional sentence stating ; N o creek alteration or tree removal shall occur on the property without prior City approval . 3 . Authorize the Mayor to execute the agreement ; motion carried 4 :0, (Settle absent). ----------------------------------------------------------------------------------------------------------------- BUSINESS ITEM S 1 .STATUS REPORT : UNREINFORCED MASONRY HAZARD MITIGATIO N PROGRAM . Assistant City Manager Stanwyck introduced this item, following which Economi c Development Manager Clark and Chief Building Official Girvin presented the agend a report and responded to questions . City Council Meeting Page 5 Tuesday, February 16, 201 0 Public Comments Carol Florence,Representative of Dorothy Naman Trust, spoke in support of staff's recommendation and responded to Council questions . Pierre Rademaker,San Luis Obispo, spoke in support of staff's recommendation . Mike Spangler,San Luis Obispo, spoke in opposition to staff's recommendation an d responded to Council questions . Bill Thoma, San Luis Obispo, spoke in support of staff's recommendation . --end of public comments Council discussion ensued during which they spoke of their support of staff's recommendation . In addition, Council Members Marx and Settle discussed thei r concerns regarding retrofit costs, penalties and one year extension for the Springfiel d Baptist Church . Moved by Ashbaugh/Carter to : 1 . Receive report and discuss status of Unreinforce d Masonry Hazard Mitigation (URM) Program . 2 . Direct staff to return to Council wit h Extension Agreements with property owners of Garden Street Terraces, Chinatown , and Naman projects to allow additional time for these projects to complete thei r permitting and construction . 3 . Direct staff to return to Council with change to the UR M Ordinance as necessitated by Council Action . 4 . Reaffirm the July 1, 2010, deadline fo r ten buildings described in the report . 5 . Direct staff to return to Council with a n amendment to the fee schedule that eliminates the favorable fees for seismic retrofi t projects where the original permit has expired due to inaction on the project . After further Council discussion, Vice Mayor Carter withdrew his second . Motion failed due to lack of a second . ACTION :Moved by Marx/Settle to : 1 . Receive report and discuss status of Unreinforced Masonry Hazard Mitigation (URM) Program . 2 . Direct staff to return to Council with Extension Agreements with property owners of Garden Street Terraces , Chinatown, and Naman projects to allow additional time for these projects to complet e their permitting and construction . 3 . Direct staff to return to Council with change to th e URM Ordinance as necessitated by Council Action . 4 . Reaffirm the July 1, 2010 , deadline for ten buildings described in the report . 5 . Direct staff to return to Counci l with an amendment to the fee schedule that eliminates the favorable fees for seismi c retrofit projects where the original permit has expired due to inaction on the project 6 . Allow a one-year extension to the Springfield Baptist Church, which is a non-profi t organization; motion carried 5 :0 . Council recessed at 9 :30 p .m . and reconvened at 9 :40 p .m . with all members present . C/ (—5 City Council Meeting Page 6 Tuesday, February 16, 201 0 2. DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT ORDINANCE . City Attorney Dietrick presented the agenda report and responded to questions . Public Comment s There was no public comment . --end of public comments ACTION :Moved by Marx/Settle to introduce Ordinance No . 1542 (2010 Series ) amending Chapter 5.72 of the San Luis Obispo Municipal Code relating to cabl e television franchises ; motion carried 5 :0 . 3. MID-HIGUERA WIDENING PROJECT : COSTS, MEDIANS AND PROJEC T OPTIONS . Director of Public Works Walter introduced this item, following which Senior Civi l Engineer Van Beveren presented the agenda report and responded to question s Public Comment s Scott Hayes,San Luis Obispo, spoke about his concerns regarding staff's recommendation . Jim Morabito,owner of Paul's Cleaners, spoke about his concerns regarding th e economic downfall and staff's recommendation . Dave Hite,San Luis Obispo, spoke in opposition to the addition of the median an d concerns regarding staff's recommendation . John Dunn,Avila Beach, spoke about his concerns regarding long term effects an d ways to enhance the mid-Higuera area . Roy Parsons,spoke about his concerns regarding the medians, water flow and floo d control . Bill Thoma,spoke about his concern's with staff's recommendations . --end of public comments Council discussion ensued during which they stated their concerns regarding funding , flooding, traffic congestion, medians, street widening and turning lanes . City Council Meeting Page 7 Tuesday, February 16, 201 0 A motion was made by Council Member Ashbaugh to modify the scope of the curren t Higuera Street Widening project to align the project with the available funding whic h means that the project will include traffic signal replacements and operationa l improvements at Marsh Street and at High Street and the resurfacing of Higuera Stree t from Marsh Street to South Street ; include Alternative 1 . Amend Mid-Higuera Enhancement Plan; motion failed due to a lack of a second . A motion was made by Mayor Romero,seconded by Council Member Settle to den y staff's recommendation ; 2-3 motion failed ; Ashbaugh, Carter and Marx opposed . ACTION :Moved by Marx/Carter to modify the scope of the current Higuera Stree t Widening project to align the project with the available funding which means that th e project will include traffic signal replacements and operational improvements at Mars h Street and at High Street and the resurfacing of Higuera Street from Marsh Street t o South Street ; 3 :2 Romero/Settle opposed . ACTION :Moved by Ashbaugh/Settle,to direct staff to evaluate work load and return t o Council as part of the June budget process with a recommended approach to implement plan amendments as reflected in Alternative 1 ; 3-2 Carter and Marx opposed . ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORT S Council Member Marx reported on her attendance at the Air Pollution Control District , SLOCOG, and SLORTA . . Council Member Ashbaugh reported on his attendance at the Zone 9 and CAPSL O meetings . Council discussed the CAPSLO Homeless Shelter project that will be presented at th e February 17th Airport Land Use Commission meeting . ----------------------------------------------------------------------------------------------------------------- COMMUNICATION S By consensus, Council agreed for the City Manager to seek input from individua l Council members about criteria and qualities for the next Cal Poly President . ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Romero adjourned the meeting at 11 :30 p .m . Elaina Cano, CM C City Cler k APPROVED BY COUNCIL : xx/xx/10 RAFT