HomeMy WebLinkAbout12-06-2011, C1-MINUTESMEETING / AGEND A
DATE /°z/b//iITEM #.0/._.,
MINUTE S
REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, NOVEMBER 1, 2011 - 7 :00 P .M .
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council Member s
Present :Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vic e
Mayor John Ashbaugh, and Mayor Jan Mar x
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Elaina Cano, City Clerk, wer e
present at Roll Call . Other staff members presented reports or responded
to questions as indicated in the minutes .
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PRESENTATION
Mayor Marx presented a proclamation to 2012 Poet Laureate, Bonnie Young .
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PUBLIC COMMEN T
Gary Fowler, San Luis Obispo,spoke in opposition to a 5 :00 p .m . Council meeting start
time and the Palm-Nipomo parking garage .
Jody Frey, San Luis Obispo,spoke about Mayor Marx's participation with the "No o n
Measure J" campaign .
Mayor Marx stated that she participated in the "No on Measure J" campaign due to he r
First Amendment right .
Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding the Occup y
SLO movement in front of the County Courthouse and the lack of public restrooms .
Becky Jorgeson, Santa Margarita,spoke about the need for tent cities for the homeless .
Bobby Jackson,agreed with the previous speaker and recommended that the City hel p
find a solution for the homeless .
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Tuesday, November 1, 201 1
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CONSENT AGEND A
CI .MINUTES .
ACTION :Moved by Smith/Carter to waive oral reading and approve as presented ;
motion carried 5 :0 .
C2.ADOPTION OF AN ORDINANCE AMENDING CHAPTER 13 .08 OF TH E
MUNICIPAL CODE RELATING TO INDUSTRIAL DISCHARGERS .
ACTION :Moved by Smith/Carter to adopt Ordinance No .1570(2011 Series)whic h
amends the Sewer Use Ordinance and Industrial Discharge Limits ; motion carried 5 :0 .
C3.SIGNAL AND LIGHTING MAINTENANCE REQUEST FOR PROPOSALS .
ACTION :Moved by Smith/Carter to : 1) Approve the Request for Proposals for Signa l
and Lighting Maintenance services ; and 2) Authorize staff to advertise for proposals ;
and 3) Authorize the City Manager to award a contract for on-call services ; motio n
carried 5 :0 .
C4.ECONOMIC DEVELOPMENT STRATEGIC PLAN REQUEST FO R
PROPOSALS .
ACTION :Moved by Smith/Carter to : 1) Approve the Request for Proposals (RFP) fo r
consultant services for a five-year Economic Strategic Plan ; and 2) Authorize the Cit y
Manager to award the contract if within the project budget of $50,000 ; motion carrie d
5 :0 .
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PUBLIC HEARING S
1 .FINAL DESIGN REVIEW OF THE REVISED GARDEN STREET TERRACE S
MIXED-USE DEVELOPMENT PROJECT IN THE C-D AND C-D-H ZONE (AR C
124-06 ; 1119 GARDEN STREET AND ADJACENT PARCELS).
Deputy Community Development Director Davidson introduced this item, followin g
which Senior Planner Ricci presented the agenda report and responded to Counci l
questions .
Carol Florence, Garden Street SLO Partners, LP,spoke in support of the staff s
recommendation and responded to Council questions and concerns .
George Garcia, Garcia Architecutre & Design,spoke in support of the staff s
recommendation and responded to Council questions .
Mayor Marx opened the public hearing .
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Tuesday, November 1, 201 1
The following speakers spoke about their concerns regarding the design and/o r
aesthetics of the project :
Ivan Cliff, San Luis Obisp o
Dixie Cliff, San Luis Obispo
Donald E . Hedrick, San Luis Obispo
David Brodie, San Luis Obisp o
Allan Cooper, San Luis Obispo Save Our Downtown,recommended continuing th e
project to review further .
Elizabeth Thyne, San Luis Obisp o
Diane Duenow, San Luis Obisp o
Susan Pyburn, San Luis Obisp o
Ginger Kamp, San Luis Obisp o
Sara McEri, San Luis Obispo Save Our Downtow n
Sandra Lakeman, San Luis Obisp o
Pete Evans, San Luis Obisp o
Linda Groover, San Luis Obispo,spoke about her concerns regarding the model an d
recommended the Council defer the project until there is a colored model .
Elisabeth Abrahams, San Luis Obisp o
Joseph Abrahams, San Luis Obisp o
Jim Duenow, San Luis Obisp o
Jody Frey, San Luis Obisp o
Deborah Cash, Executive Director of the San Luis Obispo Downtown Association,spok e
in support of staffs recommendation .
Vicente Del Rio, San Luis Obispo,spoke in support of the overall project but did hav e
some concerns with the design .
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Tuesday, November 1, 201 1
Richard Stephens, San Luis Obispo Downtown Business Owner,spoke in support of th e
project but stated that there should also be improvements to Garden Alley included .
Tom Swem, San Luis Obispo spoke in support of the project .
Council recessed at 9 :15 p .m . and reconvened at 9 :30 p .m . with all members present .
Mr . Blomfield, San Luis Obispo,spoke in support of the project .
Jon Seitz, Grover Beach,spoke in support of the project with conditions and referred to a
statement he submitted to the Council at the meeting and on file with the original agend a
report .
Mike McNamara, San Luis Obispo,spoke in support of the project, stated his concern s
regarding the loss of parking and requested his business (742 Marsh Street) be exemp t
from parking in lieu fees . Mr. McNamara responded to Council questions .
Anthony Palazzo, Architectural Review Commissioner,spoke in support of staff s
recommendation .
Marianne Orme, Owner of Linnea's Cafe,spoke in support of staffs recommendation an d
also suggested improvements to Garden Alley.
Jacob Brandt, did not speak .
Gary Fowler, San Luis Obispo, did not speak .
Russ Brown, San Luis Obispo,spoke in support of the project but did have som e
concerns with the colors of the buildings .
Paul Neel, San Luis Obispo,spoke in support of the project .
Thomas Fowler, San Luis Obispo,spoke in support of the project .
Courtney Kienow, San Luis Obispo Chamber of Commerce,spoke in support of th e
concept of the project as it relates to the Chamber's Economic Vision document .
However, Ms . Kienow stated that they do not take a position regarding architecture .
Erik Justesen, San Luis Obispo,spoke in support of staffs recommendation .
Hamish Marshall, Garden Street Terraces, LP,spoke about the process and in support of
staffs recommendation .
Mayor Marx closed the public hearing .
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Tuesday, November 1, 201 1
Council discussion ensued during which they suggested revisions to Conditions 1, 16 ,18, and 28 .
Council Member Smith spoke about her concerns regarding the loss of parking spaces ,
the design and aesthetics of the project, the future cost for purchasing the condominiums ,
and the compatibility of the uses to the surrounding businesses . Ms . Smith expressed
her approval of Garden Street Terraces, LP and their open communication with Save Ou rDowntown.
ACTION :Moved by Carter/Ashbaugh,as recommended by the Cultural Heritag e
Committee (CHC) and Architectural Review Commission (ARC), to adopt Resolutio n
No . 10312 (2011 Series)granting final approval of the revised project design, based o n
findings, including a finding acknowledging the review and acceptance of the Addendu m
to the Final EIR, with revisions to Condition 1, 16, 18 and 28 ; motion carried 4 :1, (Smit hopposed).
2 .MASTER FEE SCHEDULE UPDATE .
Interim Director of Finance & Information Technology Bradley introduced this item ,following which Chief Building Official Girvin presented the agenda report an d
responded to Council questions .
Mayor Marx opened the public hearing .
Kevin Rice, San Luis Obispo,spoke in opposition to higher fees .
Mayor Marx closed the public hearing .
ACTION :Moved by Carter/Ashbaugh to adopt Resolution No . 10313 (2011 Series)a s
amended, to include rain water harvesting on the reduced permit fee list ; (4 :1 ,
Carpenter opposed).
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COUNCIL LIAISON REPORT S
Vice Mayor Ashbaugh referenced his Council Liaison Report he submitted prior to th emeeting.
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COMMUNICATION S
City Clerk Cano provided Council with an update regarding the upcoming Specia l
Election .
Mayor Marx announced current Advisory Body vacancies .
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Tuesday, November 1, 201 1
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There being no further business to come before the City Council,Mayor Marx adjourned
the meeting on November 2, 2011, at 12 :09 a .m .
Elaina Cano, CM C
City Cler k
APPROVED BY COUNCIL : xx/xx/11
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MINUTE S
SPECIAL MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
MONDAY, NOVEMBER 7, 2011 — 1 :30 P .M .
COMMUNITY FOUNDATION, 550 DANA STREE T
SAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council Member s
Present :Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vic e
Mayor John Ashbaugh, and Mayor Jan Mar x
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, and Michae l
Codron, Assistant City Manager, were present at Roll Call .
PUBLIC COMMENT
There was no public commen t
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TRAININ G
A training session was provided for Council and staff by Mary Egan and John Shannon .
Topics included governing body performance, expectations, the appointed official s
evaluation process and Council policies and procedures .
There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting at 4:30 p .m .
Elaina Cano, CM C
City Clerk
APPROVED BY COUNCIL : xx/xx/11
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MINUTE S
MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, NOVEMBER 15, 201 1
990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
6 :00 P .M . — SPECIAL MEETING — COUNCIL HEARING ROO M
ROLL CALL :
Council Member s
Present :Council Members Dan Carpenter, Andrew Carter and Kathy Smith an d
Mayor Jan Mar x
Vice Mayor John Ashbaugh was present for the CONFERENCE WITH LABO R
NEGOTIATORS and CONFERENCE WITH LEGAL COUNSEL —Existing Litigation . M r
Ashbaugh was not present during the CONFERENCE REGARDING PROPERT Y
NEGOTIATIONS due to a conflict of interest .
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Elaina Cano, City Clerk, wer e
present at Roll Call . Other staff members presented reports or responde d
to questions as indicated in the minutes .
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ANNOUNCEMENT OF CLOSED SESSION TOPIC S
City Attorney Dietrick announced the following Closed Session topics .
CONFERENCE WITH LABOR NEGOTIATOR S
Pursuant to Government Code § 54957 .6
Agency Negotiators :Monica Irons, Katie Lichtig, Michael Codron, J .
Christine Dietrick, Andrea S . Visveshwar a
Employee Organizations :San Luis Obispo City Employees' Association (SLOCEA),
San Luis Obispo Police Officers' Association (POA),
Police Staff Officers' Association (SLOPSOA),
Fire Battalion Chiefs' Association an d
San Luis Obispo City Firefighters, Local 352 3
Unrepresented Employees :Confidential Employees, Unrepresented Managemen t
Employee s
CONFERENCE REGARDING PROPERTY NEGOTIATION S
Pursuant to Government Code § 54956 .8
Property :APN's 002-416-034 and 002-416-02 9
Negotiating Parties :
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City Council Meetin g
Tuesday, November 15, 201 1
City of San Luis Obispo :Katie Lichtig, Michael Codron, J .
Christine Dietrick
Page 2
San Luis Obispo Court Street, LL C
(aka San Luis Obispo Chinatown, LLC):Tom Copeland, Suzanne Fryer, Mar k
Rawso n
Negotiations :Direction as to terms of payment o n
Option to Purchase Real Propert y
Agreemen t
CONFERENCE WITH LEGAL COUNSEL —Existing Litigatio n
Pursuant to Government Code § 54956 .9
San Luis Obispo Police Officers Association v. City of San Luis Obisp o
Public Employment Relations Board, Tracking No . 3938I822U13 7
PUBLIC COMMENT ON CLOSED SESSION ITEM S
Mayor Marx 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 :00
p .m . Regular Meeting .
The Closed Session adjourned at 7 :05 p .m .
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7 :00 P .M . — REGULAR MEETING — COUNCIL CHAMBE R
Mayor Marx called the Regular Meeting to order at 7 :07 p .m . All Council Members wer e
present .
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CLOSED SESSION REPOR T
City Attorney Dietrick reported that Council met in Closed Session to discuss Labo r
Negotiations, Property Negotiations, and Existing Litigation as indicated above . N ofurther reportable action was taken .
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INTRODUCTION S
City Manager Lichtig introduced the new Finance and Information Technology Director ,Charles Bourbeau,and the new Community Development Director,Derek Johnson .
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PRESENTATIO N
Chief of Police Linden and Sergeant Amoroso gave a presentation on City employe e"Movember" efforts .
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APPOINTMENT ,
Al .APPOINTMENT TO THE PARKS AND RECREATION COMMISSION .
ACTION :Moved by Carpenter/Ashbaugh to appoint Susan Updegrove to the Park s
and Recreation Commission to fill an unscheduled vacancy with a term ending Marc h31, 2013 ; motion carried 5 :0 .
Moved by Carter/Smith to move Public Hearing Item 1 to the December 6, 2011 ,
Council meeting .
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PUBLIC COMMEN T
Becky Jorgeson, San Luis Obispo,spoke about creating a "Dignity Village" in the City o f
San Luis Obispo and her concerns with the homeless population .
Cory Wilson,concurred with the prior speaker .
Steve Barasch, San Luis Obispo,spoke about his concerns regarding the Master Fe e
Schedule .
Gary Fowler, San Luis Obispo,commended Council for appointing Mr . Bourbeau an d
stated his concern regarding a sewer line under Nacimiento Lake .
By consensus, Council directed staff to create a follow-up memo regarding Mr . Fowler's
concerns .
Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding homelessness .
Jody Frey, San Luis Obispo,spoke about her concerns regarding the outdoor smokin g
ban .
Will Powers, San Luis Obispo,spoke about his concerns regarding evaluations for Cit y
staff.
Lee Ferrero, Los Osos,spoke about National Alzheimer's Month .
Austin Perlak,spoke about his concerns regarding the maintenance in the downtow n
area .
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Tuesday, November 15, 201 1
Ivan Cliff, San Luis Obispo,stated his concern regarding the cost for downtow n
maintenance .
Council Member Smith explained that although HSOC have discussed safe parking lots ,
there have been no recent discussions regarding "Dignity Cities ."
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CONSENT AGEND A
Public Comment :
Paul Allen, San Luis Obispo,spoke in opposition to Item C2 staffs recommendation .
Jody Frey, San Luis Obispo,spoke about her concerns regarding Items C2, C3 and C5 .
Council discussion ensued regarding Item C3 .Parks and Recreation Director Stanwyc k
responded to Council's questions and concerns .
Council Member Carter clarified the Council compensation waiver requests .
Cl .MINUTES .
ACTION : Moved by Ashbaugh/Carter to waive oral reading and approve as presented ;
motion carried 5 :0 .
C2.MIDHIGUERA REHABILITATION, SPECIFICATION NO . 90073 .
ACTION :Moved by Ashbaugh/Carter to : 1) Approve plans and specifications for th e
Mid Higuera Rehabilitation Project, Specification No . 90073 ; 2) Approve the transfer o f
$27,500 from various Utilities Master accounts to the Mid Higuera Rehabilitation projec t
account : $16,500 from the Water Distribution System Improvements Master accoun t
and $11,000 from the Collection System Improvements Master account ; and 3 )
Authorize staff to advertise for bids and authorize the City Manager to award th e
contract if the lowest responsible bid is within the Engineer's Estimate of $565,000 ;
motion carried 5 :0 .
C3.APPROVAL OF PUBLIC ART FOR THE MEADOW PARK COMMUNIT Y
GARDENS .
ACTION :Moved by Ashbaugh/Carter to : 1) As recommended by the Public Art Jur y
and the Architectural Review Commission (ARC), approve the public art piece entitle d
Roots of Community for the community gardens in Meadow Park ; and 2) Authorize th e
City Manager to execute an agreement with the artist for $65,000 for completion of th e
project ; motion carried 5 :0 .
C4.REQUEST FOR PROPOSALS FOR CREDIT CARD CAPABLE PARKIN G
METERS AND SERVICE CONTRACT, PROPOSAL NO . 91137 .
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Tuesday, November 15, 201 1
ACTION :Moved by Ashbaugh/Carter to authorize staff to advertise Request fo r
Proposals (RFP) for purchase and on-going service of 400 credit card capable parkin g
meters, and authorize the City Manager to award the contract if the lowest responsibl e
bid is within the 2011-12 budgeted amounts ; motion carried 5 :0 .
C5 .CITY COUNCIL COMPENSATION WAIVER REQUESTS .
ACTION :Moved by Ashbaugh/Carter to adopt Resolution No . 10314 (2011 Series):1 )
Endorsing waivers by the Mayor and all Council Members receiving the benefit of th e
8% employer paid member contribution (EPMC) paid by the City on behalf of the Mayo r
and participating Council Members to the Public Employees Retirement Syste m
(PERS); and 2) Endorsing monthly salary waiver requests by Council Member s
Ashbaugh, Carter and Smith, resulting in a reduction in monthly compensation fro m
$1,000 per month to $949 per month, effective the first full payroll period in Januar y
2012, through the remainder of the terms of office of each Council Member ; motio n
carried 5 :0 .
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PUBLIC HEARING S
1.REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17 : ZONIN G
REGULATIONS AND REVIEW OF AMENDMENTS TO THE ACCESS AN D
PARKING MANAGEMENT PLAN .
ACTION :Moved by Carter/Smith to move item Public Hearing Item 1 REVIEW O F
AMENDMENTS TO MUNICIPAL CODE TITLE 17 : ZONING REGULATIONS AN D
REVIEW OF AMENDMENTS TO THE ACCESS AND PARKING MANAGEMENT PLA N
to the December 6, 2011, Council meeting .
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BUSINESS ITEM S
2.DOWNTOWN MAINTENANCE AND BEAUTIFICATION, SPECIFICATION NO .
90979A .
Deputy Director of Public Works Lynch introduced this item, following which Senior Civi l
Engineer Fraser presented the agenda report and responded to Council questions .
Public Comment s
David Brodie, San Luis Obispo,spoke in support of staffs recommendation .
Jody Frey, San Luis Obispo,spoke about her concerns regarding the cost of the project .
Deborah Cash, SLO Downtown Association Executive Director,spoke in support of staff s
recommendation and responded to Council questions .
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Tuesday, November 15, 201 1
Courtney Kienow, SLO Chamber Commerce,spoke in support of staffs recommendation .
Donna Lewis, San Luis Obispo,spoke in support of staffs recommendation .
Paul Rys, San Luis Obispo,spoke about his concerns regarding the lack of lighting in th e
downtown area .
Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding the missio n
style sidewalks and the lack of lighting .
Will Powers, San Luis Obispo,spoke about his concerns regarding the Public Work s
Department staff.
---end of public comments---
Council recessed at 9 :10 p .m . and reconvened at 9 :20 p .m . with all members present .
Council discussion ensued during which they discussed the importance of additiona l
lighting in the downtown, increased costs for the project, comparison o f
daytime/nighttime construction, and future funding for additional blocks .
Moved by Smith to cancel the project and reject all bids . Motion failed due to lack of a
second .
Moved by Carter to reject bids and down-scale the project as stated in Alternative 1 .
Motion failed due to a lack of a second .
Moved by Ashbaugh/Marx to : 1) Award a contract to John Madonna Construction Co .
of San Luis Obispo for the Base Bid in the amount of $666,446 .80 for construction o f
the Downtown Maintenance and Beautification Project, Specification No . 90979A ; 2 )
Approve transfers in the amount of $34,913 from the CIP Reserves account an d
$19,000 from the CIP Completed Projects account to the project's construction accoun t
to support construction costs ; and 3) Appropriate $121,000 from the unreserve d
balance of the General Fund to the project's construction account to suppor t
construction costs ; motion failed 2 :3 (Carpenter/Carter/Smith opposed).
ACTION : Moved by Carpenter/Marx to accept bid, except liaison and attempt to backfil l
shortfall from downscaling/elimination of other approved CIP projects (3 :2 Carter/Smit h
opposed).
3 .UPDATE ON ALCOHOL OUTLET PUBLIC SAFETY STRATEGIES .
Chief of Police Linden and Community Development Deputy Director Davidso n
presented the agenda report and responded to Council questions .
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Tuesday, November 15, 201 1
Public Comment s
Steve Tolley, Arroyo Grande Safe Night Life Association Coordinator,spoke in support o f
staffs recommendation and encouraged continued partnership with the City .
Barbara Lawrence, Morro Bay,stated that she would like to participate in the task forc e
and mentioned other resources that may be available .
Deborah Cash, SLO Downtown Association,spoke about the importance of lighting in th e
downtown and spoke in support of staffs recommendation .
Mike Linn, SLO Safe Ride,spoke in support of staffs recommendation and of hi s
concerns regarding the safety and security of the bar patrons and neighborhoods .
Hamish Marshall, WestPac,spoke in support of staffs recommendation .
Sandra Rowley, Residents for Quality Neighborhoods,spoke in support of the staff s
recommendation with a stipulation that RQN is included as stakeholders an d
recommended Council not include the link to the Neighborhood Wellness Major City Goal .
Courtney Kienow, SLO Chamber of Commerce,spoke in support of staff s
recommendation .
---end of public comments---
ACTION :Moved by Ashbaugh/Smith to endorse an action plan and regulator y
approach to reduce public safety problems associated with alcohol outlets . (5 :0).
Council expressed consensus to focus Neighborhood Services Specialists t o
neighborhood enhancement ordinance enforcement .
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COUNCIL LIAISON REPORTS AND COMMUNICATION S
Council Member Smith reported on her attendance at the Community Academ y
Graduation . Council discussion ensued regarding the mock City Council meeting of th e
Community Academy attendees where discussed the closure of the "Broad Street dog -
leg" project . By consensus, Council requested that staff provide them with a memo of th e
history of the project .
Vice Mayor Ashbaugh announced that May 2012 will be the 60th celebration of City Hall .
Mayor Marx reported that she will be participating in the Police Chief interviews . Ms . Marx
announced that there is a City of San Luis Obispo Open Space fund at the Communit y
Foundation .
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Tuesday, November 15, 201 1
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There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting on November 16, 2011, at 12 :07 am .
Elaina Cano, CM C
City Cler k
APPROVED BY COUNCIL : xx/xx/11
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