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HomeMy WebLinkAbout05-06-2014 C2 Minutes of 03-18-14, 03-25-14, 04-09-14 MEETING DATE: May 6, 2014 ITEM: C2 MINUTES CITY OF SAN LUIS OBISPO SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, March 18, 2014 Special Meeting – 3:30 p.m. Regular Meeting – 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 18, 2014 at 3:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx 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. CLOSED SESSION City Attorney Dietrick requested a Closed Session to discuss the item listed on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation - Pursuant to Government Code § 54956.9 Tesco Controls, Inc., a California corporation v. Raminha Construction, Inc., a California corporation; David Raminha, individually; City of San Luis Obispo Public Works Division, and does 1 through 50, inclusive San Luis Obispo Superior Court Case No. 14CV 0043 C2 - 1 City Council Meeting Minutes – March 18, 2014 Page 2 PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney Dietrick called for public comment. There was no one present desiring to speak and the Council recessed to the Closed Session. MEETING RECESSED AND RECONVENED The City Council recessed to Closed Session and reconvened at 4:00 p.m. in the City Council Chambers, with all members present. STUDY SESSION SS1. ECONOMIC DEVELOPMENT STRATEGIC PLAN IMPLEMENTATION: INFRASTRUCTURE FINANCING ANALYSIS: STUDY SESSION NO. 3 Assistant City Manager Codron, Economic Development Manager Johnson, and Walter Kieser, Economic and Planning Systems, narrated a PowerPoint presentation entitled “Infrastructure Financing Analysis Study Session 3” and responded to Council inquires. Victor Montgomery, San Luis Obispo, suggested that the City explore the relationship between impact fees and total fees for a project. Dominic Tartalia, representing The Downtown Association, spoke on the conditions of sidewalks and encouraged Council to consider future financing options; suggested that the City consider expanding the tree lighting in the downtown. Charlene Rosales, representing the Chamber of Commerce, spoke in support of an impact fee study that considers total project fees; encouraged the City to engage the public and business communities on the Capital Improvement Project (CIP) process. In response to public comment, Assistant City Manager Codron advised that the City is underway to conduct a fee study which will consider development fees. Following discussion and by unanimous consent, Council conveyed support for the continued use of the following developer-based and city- based funding mechanisms: a. Development Impacts Fees b. Development Conditions and Exactions c. General Obligation Bonds d. Revenue Bonds e. Municipal Credit C2 - 2 City Council Meeting Minutes – March 18, 2014 Page 3 By unanimous consent, Council conveyed support for the consideration of utilizing the following developer-based and city-based funding mechanisms, when appropriate and to conduct a future study session to address the implications of these tradeoffs from a policy perspective: a. Community Facility District Bonds b. Citywide Parcel or Special Tax Bond c. Infrastructure Financing District By unanimous consent, Council endorsed: 1. Support for the evaluation and potential replacement of the current development impact fee structure. 2. Development of a prioritized list of infrastructure projects for the City to invest in from an Economic Development and Quality of Life perspective. 3. Inclusion of the major infrastructure projects in the Capital Improvement Plan (CIP). 4. Use of the Engineering News Record’s Construction Cost Index (CCI), or other more appropriate index, for automatic, annual “indexing” of existing fees. 5. Evaluation and revision of current land use definitions. ADJOURNMENT Council adjourned the Special Meeting at 5:19 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 18, 2014 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. PLEDGE OF ALLEGIANCE Anna Kreowski and Carmen Davila, representing Camp Fire Girls USA, led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick reported that on a: 1) motion by Council Member Ashbaugh, second by Council Member Smith, carried 5-0, authorized staff to defend the lawsuit; and 2) motion by Mayor Marx, second by Vice Mayor Christianson, carried 5-0, authorized $30,000 from unencumbered project funds to support litigation costs. C2 - 3 City Council Meeting Minutes – March 18, 2014 Page 4 MOMENT OF SILENCE IN MEMORY OF ANN REAM Mayor Marx led a moment of silence in remembrance of Ann Ream. PROCLAMATION – ABSOLUTELY INCREDIBLE KIDS DAY Mayor Marx presented a proclamation to Anna Kreowski and Carmen Davila, representing Camp Fire USA, a National Youth Development Organization, recognizing March 20, 2014 as Absolutely Incredible Kids Day. PROCLAMATION – SAN LUIS OBISPO COUNTY MUSIC EDUCATION DAY Mayor Marx presented a proclamation to the San Luis Obispo Symphony, proclaiming March 31, 2014 “San Luis Obispo County Music Education Day” in honor of Michael Nowak’s 30th Anniversary Season as Music Director of the Symphony. APPOINTMENTS A1. 2014 APPOINTMENTS TO CITY ADVISORY BODIES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Make appointments to the City's Advisory Bodies effective April 1, 2014 as outlined in the Council Agenda Report, as amended, and direct the City Clerk to continue to recruit for the unfilled position on the Construction Board of Appeals. 2. Waive Council Policies and Procedures Section 6.7.2.5 and appoint Louise Justice to the Mass Transportation Committee and Personnel Board for terms to expire March 31, 2018. Council encouraged that the newly appointed Planning Commissioners attend the League of California Cities New Planning Commissioner Training Seminar. PUBLIC COMMENT Vanessa Rizzo, San Luis Obispo, voiced concern that the Cal Poly student housing project will negatively impact the neighborhood quality of life; urged Council to work with residents to mitigate student population growth. Jeff Eidelman, San Luis Obispo, urged Council to use its influence in regard to the Cal Poly student housing project; encouraged citizens to voice their opinions to the Council. C2 - 4 City Council Meeting Minutes – March 18, 2014 Page 5 Paul Karlen, San Luis Obispo, voiced concern regarding the St. Patrick’s Day celebrations in the downtown. Patty Andreen, San Luis Obispo, spoke in memory of Ann Ream; noted that Ann was a person who encouraged community participation in public art; expressed support for creating a dedication in her memory. Donald Hedrick, San Luis Obispo, voiced concerns regarding the conduct of elections; noted that local elections are intended to be nonpartisan. Kathleen Forster, San Luis Obispo, expressed concern that noise, traffic, property value, and environmental impacts have not adequately been addressed for the proposed Green Waste Recycling Facility. Chad Vantil, San Luis Obispo, urged that the City raise concerns regarding traffic, environmental, and view impacts in regard to the proposed Green Waste Recycling Facility. Robin Corbett, San Luis Obispo, voiced opposition to the Green Waste Recycling Facility, noting impacts to traffic and the urban reserve line. In response to public comment, Community Development Director Johnson advised that the City has provided comments to the County Planning Commission regarding the proposed Green Waste Recycling Facility. CONSENT AGENDA MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to approve Consent Calendar Items C1 thru C8. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 18, 2014 MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to waive oral reading and approve as the City Council Meeting minutes of February 18, 2014. C2 - 5 City Council Meeting Minutes – March 18, 2014 Page 6 C3. LOCAL HAZARD MITIGATION PLAN - RESOLUTION MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10506 (2014 Series) entitled “A resolution of the City Council of the City of San Luis Obispo, California, approving the Disaster Mitigation Act (DMA 2000) City of San Luis Obispo Local Hazard Mitigation Plan Update.” C4. HYDRO-CLEANER REPLACEMENT MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to: 1. Approve the use of Cooperative Purchasing Agreement with National Joint Powers Alliance (NJPA) Contract No. 031710-AMI through Municipal Maintenance Equipment (MME) effective February 11, 2014, for the purchase of one Vac-Con Combination Jet/Vacuum Sewer Cleaner, model V350LHA-0/850. 2. Authorize Finance Director to execute a purchase order to MME in the amount of $331,661.76 for one Vac-Con Combination Jet/Vacuum Sewer Cleaner, model V350LHA-0/850. 3. Authorize the trade-in of the 2002 Sterling Vac-Con Hydro-Cleaner (Asset 0204) to MME for the amount of $30,000 at the delivery and acceptance of the new Vac-Con Combination Jet/Vacuum Sewer Cleaner, model V350LHA-0/850. C5. 2014-15 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT APPLICATION - RESOLUTION MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to: 1. Authorize staff to submit a grant application to the California Department of Alcoholic Beverage Control for FY 2014-15 in an amount not to exceed $30,000. 2. Adopt Resolution No. 10507 (2014 Series) entitled “A resolution of the City Council of the City of San Luis Obispo, California, increasing education and enforcement programs focusing on regulating retail alcohol outlets with grant funding provided through the department of Alcoholic Beverage Control;” authorizing the City Manager to enter into a contract with the State if funding is awarded. 3. Authorize the City Manager to execute the necessary grant documents upon grant award. C2 - 6 City Council Meeting Minutes – March 18, 2014 Page 7 C6. ADOPTION OF AMENDMENTS TO TREE ORDINANCE 12.24.150 (SLACKLINING) – ORDINANCE MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to adopt Ordinance No. 1596 (2014 Series) entitled “An ordinance of the City Council of the City of San Luis Obispo, California, amending Section 12.24.150 of Chapter 12.24 of the Municipal Code to allow slacklining in City parks.” C7. EIGHT POLICE PATROL MARKED UTILITY VEHICLE REPLACEMENTS - SPECIFICATION NO. 91171 and 91229 MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to: 1. Approve the use of the Cooperative Purchasing Agreement with National Joint Powers Alliance (NJPA); a five year contract through National Auto Fleet Group effective January 17, 2012; for the purchase of eight Ford Interceptor Police Patrol Marked Utility Vehicles, with four vehicles being acquired in the current fiscal year and four to be acquired in 2014-15. 2. Authorize the Finance Director to execute a purchase order to National Auto Fleet Group of Watsonville, California in the amount of $172,475 for four Ford Interceptor Police Patrol Marked Utility Vehicles from the 2013-14 vehicle purchase account. 3. Authorize the release of a letter of intent to acquire an additional four Ford Interceptor Police Patrol Marked Utility Vehicles to National Auto Fleet Group using the same pricing and specifications provided under the current proposal. This will allow purchase of four vehicles upon the Council’s ratification in June 2014 of the 2014-15 Capitol Improvement Project (CIP) funding plan, which currently provides for the purchase of four similar vehicles in 2014-15. 4. Authorize Police Patrol Vehicle 0714 to be repurposed to replace the existing Student Neighborhood Assistance Program (SNAP) program vehicle. Authorize the surplus designation of eight Police Patrol Vehicles, Fleet Asset Nos. 0711, 0712, 0713, 0406, 0906, 0837, 0907, 0908 by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. C2 - 7 City Council Meeting Minutes – March 18, 2014 Page 8 C8. STRATEGIC GROWTH COUNCIL GRANT APPLICATION - RESOLUTION MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to: 1. Adopt Resolution No. 10508 (2014 Series) entitled “A resolution of the City Council of the City of San Luis Obispo, California, authorizing participation in the application for grant funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84);” that would provide funding to develop implementation and monitoring tools for the City’s Climate Action Plan (CAP). 2. Authorize the City Manager to execute necessary grant documents upon grant award. PUBLIC HEARINGS PH1. UPDATE TO CHAPTER 13.04 WATER SERVICE OF THE CITY’S MUNICIPAL CODE – ORDINANCE INTRODUCTION Utilities Director Mattingly and Utilities Service Manager Munds narrated a PowerPoint presentation “Update to Water Service Ordinance” and responded to Council inquires. Mayor Marx opened and closed the Public Hearing, there being no one desiring to speak to this issue. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to introduce Ordinance No. 1597 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 13.04 Water Services of the City of San Luis Obispo’s Municipal Code,” as amended. PH2. UPDATE TO CHAPTER 13.08 SEWER USE ORDINANCE OF THE CITY’S MUNICIPAL CODE – ORDINANCE INTRODUCTION Utilities Director Mattingly and Environmental Programs Manager Floyd narrated a PowerPoint presentation “Update to Sewer Use Ordinance” and responded to Council inquires. Donald Hedrick, San Luis Obispo, suggested that gas stations and mobile home parks should allow for trailer dumping. MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to introduce Ordinance No. 1598 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 13.08, the Sewer Use Ordinance, of the City of San Luis Obispo’s Municipal Code,” as amended. C2 - 8 City Council Meeting Minutes – March 18, 2014 Page 9 BUSINESS ITEMS B1. ACTIVITY REPORT FOR THE NATURAL RESOURCES PROTECTION PROGRAM FOR 2012-13 Assistant City Manager Codron, Natural Resources Manager Hill and City Biologist Otte narrated a PowerPoint presentation “Natural Resources Protection Program” and responded to Council inquires. John Phillips, representing Central Coast Grown, narrated a PowerPoint entitled “City Farm - San Luis Obispo” relative to the Calle Joaquin Agriculture Reserve and summarized the activities of the property. Jamie Hendrickson, representing Atascadero Water Conservation Mutual Company, conveyed support for the activities of the natural resources program; suggested that the City provide for stroller access to trails. Donald Hedrick, San Luis Obispo, spoke on the importance of the natural resources program to protect water resources; voiced support for the protection of environmental resources. By unanimous consent, Council directed staff to prioritize the Bishop Peak Conservation Plan. The Council received and filed the 2012-13 Natural Resources Protection Program annual Activity Report. RECESS Council recessed at 8:21 p.m. and reconvened at 8:31 p.m., with all Council Members present. B2. ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE 2013-2014 Assistant City Manager Codron and Economic Development Manager Johnson narrated a PowerPoint presentation “Economic Development Strategic Plan Update” and responded to Council inquires. Donald Hedrick, San Luis Obispo, addressed the importance of providing high speed internet service; pointed out that improved internet infrastructure will attract businesses. Steve Delmartini, representing Association of Realtors, spoke on the importance of addressing the lack of housing; opined that the City should facilitate the development of single family residences. Council received and filed a progress report on implementation of the Economic Development Strategic Plan (EDSP). C2 - 9 City Council Meeting Minutes – March 18, 2014 Page 10 LIAISON REPORTS Council liaison reports were received from Council Members Ashbaugh, Smith and Mayor Marx. COUNCIL COMMUNICATIONS In response to Council, City Manager Lichtig advised that staff will keep Council informed of the County actions in relation to the Green Waste Recycling Project to determine if additional City action is necessary; staff will monitor developments with the Nacimiento Water Project and will return to Council for policy guidance when appropriate. ADJOURNMENT The City Council adjourned at 9:20 p.m., to a Business Item to be held on Tuesday, April 1, 2014 at 4:00 p.m. to discuss the status of implementation of existing regulations governing the maintenance of Newsracks in the City Right of Way. The Regular meeting will commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California. _____________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: 00/00/14 C2 - 10 MINUTES CITY OF SAN LUIS OBISPO TOWN HALL MEETING OF THE CITY COUNCIL Tuesday, March 25, 2014 Special Meeting – 6:00 p.m. Ludwick Community Center, 864 Santa Rosa Street San Luis Obispo, California CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 25, 2014 at 6:00 p.m. in the Ludwick Community Center, located at 864 Santa Rosa Street, San Luis Obispo, California, by Vice Mayor Christianson. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, and Vice Mayor Carlyn Christianson Council Member Absent: Mayor Marx City Staff Present: Katie Lichtig, City Manager, Andrea Visveshwara, Assistant City Attorney, Derek Johnson, Community Development Director, and Anthony Mejia, City Clerk, were present at Roll Call. VICE MAYOR INTRODUCTION Vice Mayor Christianson announced that Mayor Marx recused herself from deliberations on the Cal Poly student housing project because she owns property within 500’ of the subject property; advised that the City is in the process of preparing its second letter in response to the recirculated Draft Environmental Impact Report (DEIR) on the project; explained the town hall meeting format. PUBLIC COMMENT ON CAL POLY STUDENT HOUSING PROJECT AT GRAND AVENUE ENTRANCE Sharon Whitney, San Luis Obispo, asserted that the subject DEIR contains analytical omissions; urged that the City’s comments on the DEIR request analysis on nighttime light pollution and whether the project will cause growth inducement; recommended that the Cal Poly Master Plan be updated to incorporate the City’s Land Use and Circulation Elements (LUCE) update. C2 - 11 City Council Meeting Minutes – March 25, 2014 Page 2 Patrick Vaughan, San Luis Obispo, expressed concern regarding bicyclist safety on Grand Avenue. Susan Hay, San Luis Obispo, pointed out residential driveways on Grand Avenue pose a danger to pedestrian and bicyclist safety; stated that the project would have negative impacts on noise and air quality, noting that Old Pacheco School will be a magnet school thereby impacting those students. Stephanie Conner, San Luis Obispo, asserted that Cal Poly has not seriously considered alternative project sites and intends to construct the dorms at the proposed site despite community objections; stated the project will have negative impacts on the surrounding neighborhoods and City infrastructure and resources; urged Council to oppose the project. Stephanie Conner, read a written statement for Terry Conner, San Luis Obispo, stating that the project will worsen residential traffic congestion and deterioration of neighborhood quality of life; urged Council to make every effort to oppose the project. Paul Allen, San Luis Obispo, stated that the project will intrude on the quiet enjoyment of neighboring residences; spoke on the importance of creating a buffer zone between residences and dorm projects; questioned Cal Poly’s rationale for not pursuing alternative sites; asserted that Cal Poly is intimidating residents thereby causing them to sell their homes to students; stated that Cal Poly has already issued request for bids for the project. Mr. Allen submitted a letter, dated March 25, 2014, which is on file with the City Clerk. Joe Arsenio, II, San Luis Obispo, suggested that Council direct the City’s Planning Commission to evaluate the project and report back to Council. Gordon Phares, San Luis Obispo, opined that if a private developer was attempting to construct a similar project within the jurisdiction of the City, that the project would be denied; asserted that student gentrification is negatively impacting the surrounding neighborhoods; suggested that identified alternate sites would be closer in proximity to student resources such as the library and cafeteria. Dia Hurd, San Luis Obispo, voiced concerns that Cal Poly students are active during evening hours thereby impacting the quality to sleep for neighborhood residents; asserted that students are destroying the community; opined that the project will impact the local water supply. Rebecca Keisler, San Luis Obispo, stated that the project will have long range and lasting impacts on the City; opined that the project will cause the demise of two residential neighborhoods; pointed out that the DEIR states that alternate sites would have less impacts to viewshed, traffic, parking, and City resources; urged Council to oppose the project. Ms. Keisler submitted a petition, containing 247 signatures opposing the project, which is on file with the City Clerk. C2 - 12 City Council Meeting Minutes – March 25, 2014 Page 3 Jan Durocher, San Luis Obispo, questioned Cal Poly’s rationale for not selecting an alternate site and suggested that the DEIR should evaluate Cal Poly’s internal politics as to this question. Duba Gott, San Luis Obispo, voiced opposition to the project; noted that there is a lack of available employment for students and increasing enrollment would worsen conditions. Michelle Tasseff, San Luis Obispo, opined that there is misinformation being spread about the project; pointed out that Cal Poly is a State organization and the project is not subject to approval by the City. Karen Blake, San Luis Obispo, stated that Cal Poly is required to mitigate and/or compensate the City for impacts caused by the project; cited Cal Poly President Armstrong as stating that enrollment is expected to increase by 5,000 students in the future; voiced concern that constructing a freshmen dorm will only increase availability of residential housing for upper classmen. Claudia Andersen, San Luis Obispo, expressed concerns that Cal Poly does not effectively discourage the use of alcohol by students, pointing out the number of police calls for service in the adjacent neighborhoods; spoke on the misconduct of students such as fighting and vandalism; urged Council to protect the quality of life for the surrounding neighborhoods. Isabel Marques, San Luis Obispo, opined that the topography of the site is not appropriate for dorms; voiced concern that the proposed 300-500 parking space lot is not adequate to address the needs for the site; voiced concerns regarding an increase in pedestrian and vehicular traffic caused by the dorms and reuse of Old Pacheco School. Karen Adler, San Luis Obispo, conveyed support for on-campus student housing but opposes the proposed site; recommended that Parking Lots H12 and H16 be selected as an alternate site. Laura White, San Luis Obispo, displayed aerial photos of San Luis Obispo and the morros; expressed concern that the dorms will impact the viewshed and noise; spoke on the impacts of studentification on neighborhoods. Ms. White submitted a letter and two reports from Cardiff University and Universities UK related to studentification, which are on file with the City Clerk. Linda White, San Luis Obispo, voiced concerns that the DEIR does not adequately analyze traffic impacts to the intersection of Grand Avenue and Slack Street and Highway 101/Grand Avenue; pointed out that Old Pacheco School will have a more intense use and the DEIR does not analyze potential impacts. John Keisler, San Luis Obispo, voiced opposition to the selected project site, stating that Parking Lots H12 and H16 would be superior sites as identified in the DEIR; urged Council to recommend that Cal Poly select the alternate site. C2 - 13 City Council Meeting Minutes – March 25, 2014 Page 4 Terry Elfrink, San Luis Obispo, voiced concern that the DEIR does not address parking needs during the construction period nor does it analyze long term traffic impacts on Grand Avenue; stated that the California Environmental Quality Act (CEQA) requires public agencies to consider economic and social impacts on neighborhoods, asserting that the DEIR does not consider these factors; stated that the project will result in a loss of privacy and property values for residences. Gordon Mullin, San Luis Obispo, voiced opposition to the selected site; read and urged Council to adopt a resolution voicing opposition to the project and requesting that Cal Poly consult with the City hereafter on the placement of dorms and the timing of increased student population growth. Sandra Rowley, representing Residents for Quality Neighborhoods (RQN), spoke in support of on-campus student housing; addressed the need for locating an alternate site for the project that is further away from residents. Eric Meyer, San Luis Obispo, voiced concerns that Cal Poly has not addressed the east/west circulation connection, which will cause cut-through traffic in residential streets; urged Council to support residents and to oppose the project. Charlene Rosales, representing the San Luis Obispo Chamber of Commerce, noted that the Chamber has not taken a policy position on the proposed project but supports on-campus student housing and planned student population growth; stated that on-campus housing will improve conditions in residential areas. Rachel Kovesdi, San Luis Obispo, reported that the California Supreme Court has determined a public agency’s noncompliance with CEQA and regulatory law constitutes a prejudicial abuse of discretion; asserted that Cal Poly has rejected superior alternate sites without rationale and needs to make findings of overriding considerations, but only after it has been determined mitigation cannot be met; voiced concern that Cal Poly has already issued request for bids. Jamie Lopes, San Luis Obispo, conveyed support for the resolution proposed by Gordon Mullin and the selection of Parking Lots H12 and H16 as an alternate site; suggested that Council direct staff to determine whether the proposed project would comply with the City’s General Plan, Zoning Code, and Design Guidelines; voiced concern related to impacts on aesthetic resources, pedestrian safety, and traffic; stated that the proposed mitigation measures for aesthetic resources are unacceptable. Carolyn Smith, San Luis Obispo, distributed a map of noise complaints reported in September 2013, noting 237 calls for service primarily from neighborhoods near Cal Poly; raised concern regarding the issue of noise and student misconduct; stated that the proposed dorms would significantly increase noise, vandalism, and assaults; urged Council to protect residents from Cal Poly’s encroachment on peace and safety. C2 - 14 City Council Meeting Minutes – March 25, 2014 Page 5 Michele Hall, San Luis Obispo, expressed concern related to the proximity of the proposed dorms to Old Pacheco School; pointed out that Old Pacheco students will be impacted by noise, noxious fumes, and dust during the three year construction period; stated the project will negatively impact pedestrian safety at the intersection of Slack Street and Grand Avenue; expressed support for selecting the identified alternate site. Russell Hall, San Luis Obispo, expressed concerns regarding noise and dust impacts during construction and noise, trash, and illegal substance use near Old Pacheco School following construction. Mila Vujovich-LaBarre, San Luis Obispo, related concerns on the height, shape, and massing of the proposed project and impacts to noise, traffic, public safety resources, and air circulation; stated the project is not consistent with neighborhood character and that alternate sites should be further evaluated and selected. Laurel Smith, San Luis Obispo, voiced concern that the project will negatively impact bicyclist safety, residents’ quality of life, and property values; spoke on the misconduct by students including vandalism to her property on Longview and Slack. Tim Townley, San Luis Obispo, pointed out that the existing parking lot is heavily utilized and questioned where parking will be relocated to accommodate current and future increases in student population; urged that the City make a statement in opposition to the selected site. Hayley Townley, San Luis Obispo, submitted a letter calling for Council to pledge to protect the quality of life for all residents. A hard copy of Ms. Townley’s letter, dated March 25, 2014, is on file with the City Clerk. Eliane Wilson, San Luis Obispo, questioned whether Cal Poly has inquired as to whether students desire to live in dorms; recommended that Cal Poly update its Master Plan prior to expanding student housing. Sherry Lewis, San Luis Obispo, stated that the project will have long term impacts on ambient noise and will increase traffic intensity particularly on Slack Street, Longview Lane, and Foothill Boulevard. Jim Duenow, San Luis Obispo, recommended that the City negotiate with Cal Poly as to selecting a project site; suggested that Grand Avenue may need to be considered for closure as leverage. Annie Aguiniga, San Luis Obispo, voiced disappointment that the Town Hall meeting was conducted during Spring Break; stated that it is important for students to living close to or on-campus in order to be near student population and resources; suggested that attention should be focused on improving relationships. C2 - 15 City Council Meeting Minutes – March 25, 2014 Page 6 Ken Schwartz, San Luis Obispo, noted that he is a former facility member of Cal Poly’s College of Architecture and Environmental Design and former Mayor of San Luis Obispo; suggested evaluation of population and housing and the back- fill of housing units by students in relation to the proposed project; asserted that the City is subsidizing student residents, citing their inability to match the average sales tax revenue generated by the average citizen. Debbie Farwell, San Luis Obispo, pointed out that the DEIR does not address the Grand Avenue/Slack Street intersection; expressed concern regarding bicyclist safety at the intersection; spoke on the death of a bicyclist at the subject intersection. COUNCIL DISCUSSION Community Development Director Johnson advised that staff is evaluating the recirculated DEIR and will be submitting comments to Cal Poly prior to the March 31, 2014 deadline; explained that residents can submit comments directly to Cal Poly. Council discussion ensued as to whether it should support a resolution expressing opposition to the proposed project site and requesting that Cal Poly consult with the City hereafter on the placement of dorms and timing of increased student population growth. By Council consent, it was agreed that: 1) a letter will be sent to Cal Poly, under the signature of the Vice Mayor, as formal input on the DEIR and will include the minutes and recording of the meeting; and 2) to direct staff to ensure that Cal Poly follows CEQA law. ADJOURNMENT The City Council adjourned at 8:24 p.m. _____________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/14 C2 - 16 MINUTES CITY OF SAN LUIS OBISPO ADJOURNED REGULAR MEETING OF THE CITY COUNCIL Wednesday, April 9, 2014 Adjourned Regular Meeting – 3:00 p.m. Council Hearing Room, 990 Palm Street San Luis Obispo, California CALL TO ORDER An Adjourned Regular Meeting of the San Luis Obispo City Council was called to order on Wednesday, April 9, 2014 at 3:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx Council Member Absent: None Staff Present: Andrea Visveshwara, Assistant City Attorney, Anthony Mejia, City Clerk, Mary Egan, and John Shannon, were present at Roll Call. CLOSED SESSION Assistant City Attorney Visveshwara requested a Closed Session to discuss the items listed on the Closed Session agenda. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Pursuant to Government Code § 54957(b)(1) Public Employees: City Manager and City Attorney B. CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code §54957.6 Agency Negotiators: Mary Egan, Monica Irons Public Employees: City Manager and City Attorney C2 - 17 City Council Meeting Minutes – April 9, 2014 Page 2 PUBLIC COMMENT ON CLOSED SESSION ITEM Assistant City Attorney Visveshwara called for public comment. There was no one present desiring to speak and the Council recessed to the Closed Session. REPORT FROM CLOSED SESSION At the Regular Meeting of the Planning Commission held at 6:00 p.m., City Attorney Dietrick advised that Council took no reportable action during its Closed Session held earlier in the day. ADJOURNMENT _____________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/14 C2 - 18