HomeMy WebLinkAbout11-10-2014 C2 Minutes of 10-07-14 and 10-21-14
MEETING DATE: November 10, 2014 ITEM: C2
MINUTES
CITY OF SAN LUIS 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
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 35th 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
Shelter Program on their 35th Anniversary.
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B. PROCLAMATION – PATHPOINT 50th 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
A1. 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
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
Chorro and Mill Streets; pointed out that a traffic circle would improve pedestrian and
bicycle safety while maintaining normal traffic flow.
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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 Vujovich-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.
James 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 façade 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.
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City Council Meeting Minutes – October 7, 2014 Page 4
C3. HUMAN RELATION COMMISSION’S RECOMMENDED PRIORITIES FOR THE
2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-
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.
Community Development Director Johnson reviewed the contents of the Council
Agenda Report, noting that the façade 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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C5. ACCEPTANCE OF TRAIL EASEMENT DEDICATION FROM THE SAN LUIS
OBISPO (SLO) 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:
1. Award a contract to purchase Mobile Data Computers (Specification No.
91236) and Mobile Communication Gateways (Specification No. 91273) to
CDCE Inc.
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
PH1. A RIDE AWAITS TAXI C AB 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.
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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
RELATED SECTIONS OF THE NOISE AND SAFETY ELEMENTS; AND
REVIEW OF PROPOSED AIRPORT OVERLAY ZONE PROVISIONS IN THE
ZONING CODE – CONTINUED PUBLIC HEARING FROM 09/30/14
PH3. REVIEW PLANNING COMMISSION RECOMMENDATIONS REGARDING
UPDATES TO CHAPTERS 1-6 AND 9-12 OF THE DRAFT LAND USE
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 Page 7
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 Vujovich-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.
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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,
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.
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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 tourism
marketing programs that highlight the City as a visitor destination.”
9. Land Use Element Chapter 3.5.7.12, Business Retention and Expansion,
should be amended to read as “The City shall implement the Economic
Development Strategic Plan and other 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 Performing Arts 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 encourage 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 encourage 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 prior
to 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
technologies and cash out programs.”
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City Council Meeting Minutes – October 7, 2014 Page 11
B4. 2013 TRAFFIC SAFETY REPORT
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 Marx.
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
__________________________
Anthony J. Mejia
City Clerk
APPROVED BY COUNCIL: XX/XX/14
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MEETING DATE: November 10, 2014 ITEM: C2
MINUTES
CITY OF SAN LUIS OBISPO
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
Tuesday, October 21, 2014
Special Meeting – 4:30 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,
October 21, 2014 at 4:30 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
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.
PUBLIC HEARING
B1. 2013 TRAFFIC SAFETY REPORT
Transportation Operations Manager Hudson and Transportation Assistant Rice
narrated a presentation entitled “Annual Traffic Safety Report” and responded to
Council inquiries.
Pete Schwart, San Luis Obispo, advised that traffic calming measures have
improved safety on his street; recommended that traffic be diverted from the
downtown area and to test the closure of Higuera; urged Council to take action to
install safety improvements at Ferrini and Foothill.
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Robin Oswald, San Luis Obispo, spoke on the need for pedestrian safety
improvements at Johnson Street near French Hospital, Chorro and Broad, and
developing safe routes to school near Laguna Middle School.
Tawny Sterios, San Luis Obispo, voiced support for a traffic circle at the
intersection of Chorro and Mill.
Jim Woolf, Bicycle Advisory Committee Chair, applauded the City for its work to
improve pedestrian and bicycle safety; thanked Council for allocating funds for
safety improvements.
Lea Brooks, San Luis Obispo, distributed an article on the growth of bicycle
transportation; noted that parents are making an effort to transport children to
school via bicycles; expressed support for the installation of traffic circles as
proposed. A hard copy of the article is on file with the City.
Kim Bisheff, San Luis Obispo, urged Council to take immediate action to improve
pedestrian safety at Ferrini and Foothill; voiced concern that children are
sprinting through the intersection and the likelihood of a collision.
Myron Amerine, San Luis Obispo, voiced concern that vehicles exiting Highway
101 are intruding onto bicycle and pedestrian crossings; suggested that
additional green bike lanes be striped in the City.
Scott Bisheff, San Luis Obispo, voiced support for the improvements identified in
the Traffic Safety Report.
Jonathan Robison. San Luis Obispo, conveyed support for the proposed safety
improvements, noting the importance of protecting children as they cross streets.
Eric Meyer, San Luis Obispo, expressed support for the safety improvements
and suggested that the City invest in education programs for new bicyclist.
Jeff Brubaker, San Luis Obispo, spoke in support of the proposed traffic safety
improvements; expressed concerns about pedestrian safety at California and
Taft.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to receive and file the 2013 Traffic Safety
Report and approve the associated safety projects.
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City Council Meeting Minutes – October 21, 2014 Page 3
CLOSED SESSION
City Attorney Dietrick requested a Closed Session to discuss the following item listed on
the Closed Session agenda.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: New Cingular v City of Alameda, et al, Superior Court of
California, County of Los Angeles, Case No. BC 462270; this case was
previously known as Donald Sipple, et al. v City of Alameda, et al.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: One case.
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local
agency. The existing facts and circumstances exposing the City to litigation
include allegations by the California Department of Transportation, Aeronautics
Division regarding non-compliance with the California Public Utilities Code
relating to the City’s proposed overrule of the Airport Land Use Commission’s
inconsistency determination regarding the City’s General Plan/Land Use
Circulation Element update project.
PUBLIC COMMENT ON CLOSED SESSION ITEM
City Attorney called for public comment. There was no one present desiring to speak on
Closed Session.
RECESS
Council recessed to Closed Session in the Council Hearing Room at 5:17 p.m.
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
October 21, 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
Council Member Ashbaugh led the Pledge of Allegiance.
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City Council Meeting Minutes – October 21, 2014 Page 4
REPORT FROM CLOSED SESSION
City Attorney Dietrick advised that Council met in Closed Session and took no
reportable action.
INTRODUCTION OF PETER WILLIAMSON, RIDESHARE EMPLOYER OUTREACH
COORDINATOR – UPDATE ON RIDESHARE MONTH ACTIVITIES
Mayor Marx introduced Peter Williamson, Rideshare Employer Outreach Coordinator.
Mr. Williamson spoke on upcoming events to celebrate Rideshare month and
encouraged the community to participate.
PROCLAMATION – DENTAL HYGIENE MONTH
Mayor Marx presented a Proclamation to Kristina Mankins, Dental Society Membership
Chair, proclaiming October 2014 as “Dental Hygiene Month.”
PUBLIC COMMENT
T. Keith Gurnee, San Luis Obispo, Member of the No on Measure G Committee, spoke
on his recent experience at the downtown Farmers Market in which a vender invited the
committee to share its booth; voiced concern that a Downtown Association (DA)
representative confronted the committee, called the police, and required them to stop
distributing materials; suggested that the Council review the contract with the DA to
ensure citizen rights are protected.
Jenna Hartzell, representing Arts Obispo, noted that October 2014 is Arts Month and
encouraged residents to participate in upcoming activities and events; thanked the City
for its continued support of the arts.
Patty Thayer, representing SLO Little Theater, encouraged the community to attend a
live performance at SLO Little Theater and other performing arts venues in San Luis
Obispo; spoke on the benefits of the arts and its impacts on local revenue and tourism.
Wendy Eidson, San Luis Obispo, expressed gratitude to the City for its support and
promotion of the arts; noted that the International Film Festival is growing in popularity
and is becoming a destination attraction.
Jim Foley, San Luis Obispo, urged Council to take action to obtain permits and develop
a budget for the dredging of Laguna Lake.
Rachel Kovesdi, San Luis Obispo, thanked Public Works for addressing her past
concern related to the notification of local companies for invitations to submit Request
for Qualifications.
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City Council Meeting Minutes – October 21, 2014 Page 5
Carl Dudley, DA Board Member, spoke on his past experience attempting to share a
booth at the Farmers Market; pointed out that the DA only allows one vender per booth
and attempts to apply rules consistently; encouraged the Council to consider all sides of
the recent confrontation before taking any action.
Lisa Myrick, San Luis Obispo, advised that she may be placing her pets for adoption at
the Woods Humane Society.
Donald Hedrick, San Luis Obispo, asserted that the DA has infringed on his rights to
participate in political speech at the Farmers Market and Flea Market by restricting the
use of his personal mobility device and requiring insurance in order to rent a booth;
stated that he believes he was excluded from recent candidate forums.
Paul Rys, San Luis Obispo, advised that specific types of businesses are using a utensil
cleaning practice which consistently runs water; opined that the practice is wasteful and
suggested that the City enact an ordinance prohibiting it.
In response to public inquiry, Assistant City Manager Codron advised that the City
Council will be meeting on November 13, 2014 to receive background information for
the 2015-17 Budget and that it is an opportunity in which residents could discuss the
priority of dredging Laguna Lake.
CONSENT AGENDA
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 thru C5.
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 CITY COUNCIL MEETINGS OF SEPTEMBER 16, 23, AND 30,
2014
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council
meetings of September 16, 23, and 30, 2014.
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City Council Meeting Minutes – October 21, 2014 Page 6
C3. CALLE JOAQUIN SEWER FORCE MAIN REPLACEMENT - SPECIFICATION
NO. 91133
Following clarification, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND
BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to:
1. Approve Contract Amendment No. 4 with AECOM for design services for the
Calle Joaquin Sewer Force Main Replacement Project, Specification No.
91133, in the amount of $10,954.
2. Approve the transfer of $10,954 from the Sewer Fund Completed Projects
account to the project’s design phase account.
3. Approve plans and specifications for the Calle Joaquin Sewer Force Main
Replacement, Specification No. 91133, and authorize staff to advertise for
bids when signed by the City Engineer.
4. Authorize the City Manager to award the contract if the lowest responsible bid
is within the Engineer's estimate of $650,000.
5. Authorize the Utilities Director to execute a Right of Entry Agreement with the
underlying property owner in the form attached hereto and subject to any
subsequent modifications approved by the City Attorney.
C4. APPROVAL OF THE FINAL MAP FOR TRACT 2560-PHASE 2 - 215 BRIDGE
STREET (TR 64-03) – RESOLUTION
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10571 (2014 Series)
entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, approving the Final Map for Tract 2560-Phase 2 (215 Bridge Street,
TR 64-03),” and authorizing the Mayor to execute the Subdivision Agreement and
Biological Open Space Easement Agreement on behalf of the City.
C5. PRADO ROAD BRIDGE WIDENING - SPECIFICATION NO. 91203
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Approve “Alternative 1” as the preferred conceptual design for the Prado
Road Bridge widening project as recommended in the feasibility report by
Wallace Group and Quincy Engineering, and proceed with the environmental
study and engineering for the “Prado Rd. Bridge Widening, Specification
91203.”
2. Appropriate $390,000 in Transportation Impact Fee funds for continuing
project study and engineering.
3. Authorize staff to pursue potential 2017 construction funding thru the Federal
Local Highway Bridge Program (HBP) as administered by Caltrans.
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City Council Meeting Minutes – October 21, 2014 Page 7
PUBLIC HEARINGS
PH1. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT - RESOLUTION
Tourism Manager Cano reviewed the contents of the Council Agenda Report and
responded to Council inquiries.
Mayor Marx opened and closed the Public Hearing, there being no one desiring
to speak on this item.
City Clerk Mejia reported that no written protests were received in advance of the
Public Hearing and no oral protest were received tonight. Therefore, based on
the total percentage needed, a legally sufficient protest was not received.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10573 (2014 Series)
entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, declaring the basis for and the levy of the assessment for the San Luis
Obispo Tourism Business Improvement District, and affirming the establishment
of the district.”
PH2. FINAL ACTION ON THE LAND USE AND CIRCULATION ELEMENT (LUCE)
UPDATE PROJECT INCLUDING:
OVERRULE OF THE AIRPORT LAND USE COMMISSION'S
DETERMINATION THE LUCE UPDATE PROJECT IS INCONSISTENT WITH
THE AIRPORT LAND USE PLAN AND ADOPTION OF APPROPRIATE
RESOLUTIONS AND FINDINGS TO APPROVE THE LUCE UPDATE AND
IMPLEMENTATION – RESOLUTIONS AND ORDINANCE INTRODUCTION
Council Member Carpenter announced that he has a conflict of interest as it
relates to the General Hospital Special Planning Area because he owns property
within 500’ of the project area; therefore he would not participate in the Zoning
action on that property, which was segmented from the other actions. Council
Member Carpenter left the Chamber at 6:50 p.m.
Community Development Director Johnson, Community Development Deputy
Director Murry, narrated a presentation entitled “Adoption of the Land Use and
Circulation Element” and responded to Council inquiries.
Mayor Marx opened the Public Hearing.
Rachel Kovesdi, San Luis Obispo, requested that reference to multifamily and
transitional residential care is stricken from the verbiage related to the General
Hospital site.
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City Council Meeting Minutes – October 21, 2014 Page 8
Lanny Hernandez, San Luis Obispo, recommended that the General Hospital site
remain zoned as low density residential; voiced concern that the adjacent
residents’ comments have not been incorporated into the LUCE; expressed
opposition to verbiage related to transitional residential care at this site.
There being no others desiring to speak on this item, the Public Hearing was
closed.
In response to Council inquiry, Community Development Deputy Director Murry
explained that the proposed rezone would increase residential density from 7-
units to 12-units per acre and noted that the subject site is approximately two
acres; advised that Sunny Acres is not associated with the rezoning of this site.
Council Member Ashbaugh noted for the record that he prefers lower residential
density at the General Hospital site.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER
SMITH, CARRIED 3-1 (COUNCIL MEMBER ASHBAUGH VOTING NO AND
COUNCIL MEMBER CARPENTER ABSTAINING), to introduce Ordinance No.
1609 (2014 Series) entitled “An Ordinance of the City of San Luis Obispo,
California, amending zoning designations for the General Hospital Site Special
Planning Area (GPI/ER 15-12).”
Council Member Carpenter returned to the dais at 7:10 p.m.
Community Development Director Johnson and Community Development Deputy
Director Murry continued their presentation entitled “Adoption of the Land Use
and Circulation Element” and responded to Council inquiries.
Mayor Marx opened the Public Hearing.
Roger Oxborrow, member of the Airport Land Use Commission (ALUC),
speaking as a private citizen, voiced opposition to Council overruling the ALUC;
asserted that such action could expose the City to greater liability risk.
Dan Blandford, representing Cal Portland, spoke in support of the LUCE and
urged Council approval.
Carl Dudley, San Luis Obispo, requested that Council overrule the ALUC
determination and to adopt the LUCE as presented.
Dia Hurd, San Luis Obispo, voiced concern with the precedence of overruling the
ALUC and impacts to the viability of the airport; pointed out that there is no
guarantee that new homes constructed would be affordable.
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City Council Meeting Minutes – October 21, 2014 Page 9
Ron De Carli, Executive Director of San Luis Obispo Council of Governments,
spoke in favor of the LUCE, although cautioning that the Highway 101 interchange
may be restrictively expensive; suggested that verbiage related to a regional
transportation sales tax be modified to delete reference to population based
distribution of funds.
Scott Smith, Executive Director of Housing Authority of San Luis Obispo, urged
Council to adopt the LUCE, noting that it aligns with the mission of the Housing
Authority.
Rick Stollmeyer, owner of Mind Body, Atascadero, requested the Council adopt
the LUCE, pointing out that his employees desire to live in San Luis Obispo but
there is a shortage of available housing options.
Erik Justesen, San Luis Obispo, Chamber of Commerce Board Member, spoke
on the level of community participation in the LUCE process; encouraged Council
to move forward with the ALUC overrule and to adopt the LUCE.
Brad Brechwald, San Luis Obispo, principal with Wallace Group, member of the
Economic Vitality Corporation and Homebuilders Association, addressed the
need for additional workforce housing.
Tim Williams, Chair of the Chamber of Commerce, advised that the Chamber
supports overruling the ALUC; opined that the LUCE will not impede the viability
of the airport and urged Council to move forward with its adoption.
Aaryn Abbott, San Luis Obispo, voiced support for adopting the LUCE; pointed
out that it will promote needed affordable housing.
James Lopes, San Luis Obispo, requested that Council reconsider the San Luis
Ranch agriculture/open space requirements; suggested that the project be
required to retain 65.5 acres as agriculture/open space and off-site mitigation not
be allowed.
Dave Juhuke, San Luis Obispo, LUCE Task Force, spoke on the extensive public
participation that led to the development of the LUCE; urged Council to move
forward with the ALUC overrule and to adopt the LUCE; suggested that funds not
be tied to the transportation mode split.
John Evans, Cannon Corporation, recommended that Council adopt the LUCE,
noting that San Luis Ranch and Avila Ranch are opportunities for increasing
affordable housing.
Eugene Judd, San Luis Obispo, voiced objection to overruling the ALUC; stated
that Caltrans desires a new study on the Highway 101 interchange; questioned if
the LUCE has internal consistency with the Open Space Element.
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City Council Meeting Minutes – October 21, 2014 Page 10
Bill Wilson, San Luis Obispo, voiced concern related to Prado Road and its
impacts on the Damon Garcia Sports Fields; suggested that Prado Road needs
an Environmental Impact Report.
Mila Vujovich-LaBarre, San Luis Obispo, asserted that the LUCE grant was tied
to increased land development; voiced opposition to overruling the ALUC, citing
concerns related to public safety and liability risks; voiced objection to the Prado
Road extension and requested additional environmental studies; spoke on the
need for preserving the open space at San Luis Ranch.
John Fowler, representing Peoples’ Self-Help Housing, stressed the need for
more affordable housing; noted that the LUCE would help spur projects that
increase housing units.
Steve LePell, Atascadero, recommended that the Council continue to work
collaboratively with the ALUC to find compromise; pointed out that the LUCE will
not guarantee new homes will be affordable.
Ryan Miller, local business owner, pointed out that the LUCE will help reduce
traffic emissions by allowing employees to live near their work; voiced support for
the overrule of the ALUC and adoption of the LUCE.
Marshall Ochylski, representing San Luis Ranch, recommended that Council
move forward with overruling the ALUC and adopting the LUCE as presented;
advised that San Luis Ranch is working towards maximizing the preservation of
agriculture/open space.
Stephen Peck, representing Avila Ranch, spoke in favor of the ALUC overrule
and adoption of the LUCE, noting that it reflects the communities forward thinking
and preferences.
Dick Pottratz, San Luis Obispo, former ALUC member, encouraged Council to
not overrule the ALUC, noting that the Santa Margarita Specific Plan had been
successfully negotiated with the ALUC; voiced concern that new housing
developments near the airport will impede future growth and the viability of the
airport.
Donald Hedrick, San Luis Obispo, voiced concerns related to the Prado Road
extension and potential public safety risks if homes are developed along flight
paths.
Kevin Rice, San Luis Obispo, expressed opposition to converting open space to
housing developments; voiced concern that the LUCE would place low-income
families at greater risk since affordable homes would be constructed along flight
paths; asserted that developer contributions to local candidates are influencing
the LUCE process and driving development.
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City Council Meeting Minutes – October 21, 2014 Page 11
Mayor Marx noted for the record that the Mayor and members of the City Council
are nonpartisan positions.
Mike Cannon, Cannon Corporation, recommended that Council move forward
with overruling the ALUC and adoption of the LUCE.
Paul Rys, San Luis Obispo, voiced concerns regarding the development of Avila
Ranch, opining that current residents moved here to avoid communities that
continue to grow.
Eric Meyer, Chair of the LUCE Task Force, stated that the LUCE represents
community compromise and cautioned Council against making revisions without
additional opportunities for public comment and staff analysis.
Lisa Myrick, San Luis Obispo, voiced concern related to noise impacts from
aircrafts on residences in the airport area.
There being no others desiring to speak on this item, the Public Hearing was
closed.
RECESS
Council recessed at 8:58 p.m. and reconvened at 9:12 p.m., with all Council Members
present.
In response to Council inquiries, Nick Johnson, of Johnson Aviation, explained
that a thorough analysis of the risks and liabilities have been conducted; pointed
out that the Airport Overlay Zone is consistent with the State Aeronautics Act and
Caltrans Airport Land Use Planning Handbook. City Attorney Dietrick pointed out
that the State Aeronautics Act contains provisions related to liability in relation to
aircraft forced landings.
In response to Council inquiries, Natural Resources Manager Hill explained that
open space dedications are recorded as easement or in title to ensure the
dedication in perpetuity. Community Development Deputy Director Murry spoke
on the success of developing affordable housing in Sierra Meadows and in the
Santa Margarita area; advised that the LUCE attempts to address the
jobs/housing imbalance but affordability is subject to the laws of supply and
demand; advised that the LUCE is internally consistent.
During the course of discussion, council members discussed: 1) the propriety of
overruling the ALUC; 2) whether the LUCE reflects the preferences of current
permanent residents; 3) whether the ALUC is impeding the Council’s authority to
determine appropriate land uses within the City; 4) whether there is a lack of
scientific data supporting the ALUC’s determination; 5) the potential risk of
litigation and liability if an overrule moves forward.
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City Council Meeting Minutes – October 21, 2014 Page 12
In response to comments made by Council Member Ashbaugh, City Attorney
Dietrick advised that discussions that did or did not occur in closed session, are
matters of attorney-client privilege and a single council member is not free to
waive that privilege.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CARPENTER, FAILED 2-3 (COUNCIL MEMBER ASHBAUGH, VICE
MAYOR CHRISTIANSON, AND MAYOR MARX VOTING NO), to not adopt the
resolution overruling the County of San Luis Obispo Airport Land Use
Commission determination that the proposed Land Use and Circulation Element
Update and related airport overlay zoning amendments are inconsistent with the
Airport Land Use Plan.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND
SMITH VOTING NO), to continue the subject Public Hearing to a date uncertain.
Council Member Ashbaugh noted for the record that he is in shock that the
Council could not reach a decision.
LIAISON REPORTS
None.
COUNCIL COMMUNICATIONS
Mayor Marx reported that she attended the Mayors Conference on Entrepreneurship in
Louisville Kentucky; noted that her expenses were paid by the Kauffman Foundation,
although some incidental expenses will be paid by the City.
ADJOURNMENT
The City Council adjourned at 10:24 p.m. The next City Council Meeting will be held on
Monday, November 10, 2014 in the City Council Chambers, 990 Palm Street, San Luis
Obispo, California.
Note: The Regular Council Meeting of Tuesday, November 4, 2014 was previously
rescheduled due to Election Day.
__________________________
Anthony J. Mejia
City Clerk
APPROVED BY COUNCIL: XX/XX/14
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