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HomeMy WebLinkAbout09/16/2008, C1 - MINUTES MEtifING AGENDA DATE % ITEM # C MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 19, 2008 —5:30 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown and Mayor Dave Romero City Staff Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; and Shelly Stanwyck, Assistant City Administrative Officer, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ANNOUNCEMENT OF CLOSED SESSION TOPICS City Attorney Lowell announced the following Closed Session topics: CONFERENCE WITH LEGAL COUNSEL—Existing Litigation Pursuant to Government Code§ 54956.9 Stephen Secrest v. City of San Luis Obispo San Luis Obispo County Superior Court Case No: CV 060225 CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code§ 54956.8 Property: Stenner Creek Road, APN's: 073-261-006; 073-261-008; 073-261-009; 073-261-010; and 073-281-004 Negotiating Parties: For City of San Luis Obispo: Neil Havlik, Shelly Stanwyck, Jonathan Lowell For Property Owner. Frederick K. Glick Negotiations:Response to purchase inquiry CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code§ 54957.6 Negotiating Parties: Agency Negotiator. Karen Jenny, Monica Irons Employee Organization: San Luis Obispo Police Staff Officer's Association (SLOPSOA) CI - I ®RAFT 1 Council Minutes Tuesday;August 19, 2008 PUBLIC COMMENT ON CLOSED SESSION ITEMS No comments were forthcoming and Council adjourned to the Closed Session. CLOSED SESSION REPORT City Attorney Lowell reported on the Closed Session at the commencement of the Regular Meeting as indicated below. The Special Meeting adjourned at 7:00 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 19, 2008 -7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown and Mayor Dave Romero City Staff Present: Ken Hampian, City Administrative Officer, Jonathan Lowell; City Attorney; Audrey Hooper, City Clerk; and Shelly Stanwyck, Assistant City Administrative Officer, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT. City Attorney Lowell reported, during the regular meeting, that a Closed Session was held at 5:30 p.m. At that time, staff provided Council with an update on the status of the existing litigation (Secrest). No further reportable action was taken. Regarding the second matter(Glick and related properties as indicated on the Closed Session minutes), Council has provided direction to its real property negotiators. It is expected that documents concerning these transactions will be presented at a public meeting on September 2nd or shortly thereafter. There was no further reportable action at this time. The third matter regarding labor negotiations was postponed and is expected to be considered by Council at its September 2"d meeting. PRESENTATIONS Mayor Romero presented Mary Verdin, Verdin Marketing Ink, with a Certificate of Appreciation for the design of the "Saving Yesterday for Tomorrow" historical preservation project brochures. /�op DRAM` 2 Council Minutes Tuesday, August 19, 2008 Mayor Romero and Michael Brennan, representing SLO Greenbuild, presented Certificates of Recognition to SLO Obispo Eye Associates, Resident Jan Smith (in absentia), and the RRM Design Group for participating in sustainable building projects. Finance and Information Technolocgy Director Statler presented Debbie Malicoat an Award for Excellence in Financial Reporting which the City received from the Government Finance Officers' Association of the United States and Canada. Mayor Romero presented Finance and Information Technology Director Statler with four Awards for Excellence in Budgeting from the California Society of Municipal Finance Officers: Operating Budget, Capital Budget, Public Communications, and Innovation. He announced that the City recently received an award from the Government Finance Officers Association for Distinguished Budget Presentation. PUBLIC COMMENT Because a number of speakers were present to discuss the Los Osos Valley Road (LOVR) Interchange project, Mayor Romero and CAO Hampian announced that this matter will be on the October21'City Council agenda as a public hearing. Public comments on this matter will be heard and responded to at that meeting. The Annual Traffic Safety Report will also be heard at that meeting. Sean Flickinger, President of Los Verdes Association Park I; Donna DiGangi, Board of Directors of Los Verdes Park I, and Adam Jarmin, Los Verdes Park II homeowner, spoke on behalf of themselves and a number of Los Verdes Park residents who were present with concerns regarding the LOVR Interchange project They referred to copies of a letter sent to the Council and Caltrans in July that highlighted the residents' concerns. They also referenced photographs and additional information related to the Traffic Study Area. They suggested the scope of the study should be expanded to include the entire project area and requested that the deficiencies contained in the correspondence should be corrected. (All documents are on file in the City Clerk's office.) In response to Council Member Carter, CAO Hampian clarified that Caltrans is the lead agency for the LOVR Interchange project. The hearing on October 21't will be for the purpose of receiving public comment and for Council to provide input to Caltrans on the design of the project Ben Fine, San Luis Obispo, discussed traffic concerns on Oceannaire Drive and in the immediate area, where parked cars are hit and other accidents occur on a regular basis. He asked Council to agendize this matter and investigate solutions, such as bulb-outs or a round-about at Atascadero Avenue. CAO Hampian suggested that a neighborhood initiative using the City's process to pursue traffic concerns would be the best way to approach this matter. He suggested the residents contact the City's Principal Transportation Planner, Peggy Mandeville, for more information on this process. C � - 3 ®RAR 3 Council Minutes Tuesday, August 19, 2008 Brett Cross, San Luis Obispo, said he started discussing the Laguna Lake area and Oceannaire Avenue traffic concerns with Ms. Mandeville five years ago, but the problem continues to be funding. He suggested a study session should be held to discuss whether to fund a traffic calming project in this area as well as to discuss other neighborhoods of concern. Garry Kucer, Laguna Neighbors Association President, discussed the boundaries of the Association and said one of the reasons the Association formed four years ago was because of traffic concerns. He cited a number of accidents that have occurred as a result of speeding traffic and asked the City to address these concerns. Gary Fowler, San Luis Obispo, expressed concern that the City is providing services to the Downtown Association without complete financial reimbursement. He questioned whether it is legal for the Association to require its members to pay the fees. City Attorney Lowell explained that the downtown was established 30 years ago as a business and parking improvement area. The City has always collected the assessment of business in that area. In addition, the City contracts with the Downtown Association to provide certain services. Paul Bonjour. Vice President of Laguna Neighbors, discussed traffic issues in the Laguna area in general and specifically on Oceannaire Avenue. He also discussed concerns regarding the potential annexation of land on Los Osos Valley Road and Foothill Boulevard. He said the Laguna Neighbors are opposed to development until the lake has been dredged, water has been diverted from the storm drains downstream of the lake, and the streambed is cleared out below the lake. Police Chief Deb Linden said that she will notify City traffic officers of the concerns raised by the Laguna neighbors, and will try to increase enforcement and traffic control when possible. City Engineer Lynch explained that the dredging project is currently finishing its environmental process. When done, the environmental document will be brought to Council for approval and direction as to how to proceed. This will be timed to coincide with and be part of the Financial Plan for 2009-2011. Shawn McNabb, San Luis Obispo, expressed his continuing concerns regarding the 300 Lawrence Drive project and questioned how changes could be made to the cul de sac or the Development Plan without going back through the Planned Development process. He raised concerns regarding errors on the grading plan. He showed photographs of the west side of the project depicting the developer's encroachment into the open space. Deputy Community.Development-Director Davidson referred to correspondence to Dan Caldon dated August 12', which addresses issues related to the need to redesign the tum-around at the terminus of Lawrence Drive to accommodate fire apparatus. Staff is in the process of addressing Mr. McNabb's and other concerns that have recently been raised. He explained that a change to a cul de sac to allow better fire access is a safety ®RAP 6 c �4 I I Council Minutes Tuesday, August 19, 2008 measure, is a relatively minor change which will provide better public safety and access, and is not required to go through the Planned Development process. Dan Caldon, San Luis Obispo, read a portion of the letter from the City's Fire Marshall (as referenced by Mr. Davidson and on file in the City Clerk's office) regarding the cul de sac. He believed that this project should be referred back to the Planning Commission for public input and for approval of the change in the cul de sac design. Royce Mealin, President and CEO of Handy's Hot Dogs, referred to section 5.16 of the Municipal Code and asked Council to approve his request for a hot dog concession stand at the comer of Higuera Avenue and Garden Street. He said a stand operating between 10 p.m. and 2 a.m. Thursday through Saturday in this location should have no affect on existing businesses and would satisfy a need in the community. Following a brief discussion, Council concurred with CAO Hampian's recommendation that Mr. Mealin should submit a written proposal to the Community Development Department Staff will then follow up with the Downtown Association and Public Works Department, provide Council with a memorandum regarding its findings, and let the Council provide further direction. Dane Senser, San Luis Obispo, acknowledged the City, Council, and staff for the recognition the City received in a recent Sunset Magazine article. Eve Anderson, San Luis Obispo, said she had a car parked in the Oceannaire area that had been hit. She asked that traffic concerns in this area be placed on a future agenda. She said the residents are not asking for more police presence, but for more permanent solutions such as bulb-outs or road chokers. Arnold Ruiz, San Luis Obispo, raised his continuing concerns regarding Laguna Lake. He asked for an opportunity to present Council with his plan to have the lake restored. CAO Hampian noted the need to finalize the environmental process related to the dredging of Laguna Lake. He suggested that the best time for Mr. Ruiz to present his plan to Council may be after that occurs. CONSENT AGENDA Gary Fowler, San Luis Obispo, referred to item C4 and asked whether the contractor is the same one that provided solar speed limit indicator signs on Santa Rosa between Walnut and Peach. He suggested that, with the current budget crisis, this and other new projects should be delayed until the budget review. CAO Hampian explained that addressing traffic issues was a high priority during the Council goal-setting. Council provided direction to staff to pursue this particular strategy. This project will be done completely with grant funds and efficiency technology that avoids the need for additional staff. ®r A F 1 5 Council Minutes Tuesday, August 19, 2008 Council Member Settle referred to item C5 and emphasized the importance of adopting this resolution and making it a high priority of local agencies to urge the State to leave its funds alone. ACTION: Moved by Brown/Mulholland to approve the Consent Agenda as indicated below. C1. MINUTES OF JULY 1. 2008. ACTION: Moved by Brown/Mulholland to waive oral reading and approve as presented; motion carded 5:0. C2. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATEIALTERNATE 2008. ACTION: Moved by Brown/Mulholland to designate Mayor Dave Romero as the voting delegate and Vice Mayor Paul Brown as the voting alternate to the League of California Cities Annual Conference; motion carded 5:0. C3. ORCUTT ROAD TRAFFIC SIGNAL INSTALLATION, SPECIFICATION NO. 90521 B. ACTION: Moved by Brown/Mulholland to: 1. Approve the plans and specifications for the Orcutt Road Traffic Signal Installation Project Phase 11, Specification Number 90521. 2. Authorize Staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's Estimate of $270,000. 3. Appropriate $360,000 from the Federal Highway Administration's Hazard Elimination Safety grant to fund this project; motion carried 5:0. C4. TRAFFIC SIGNAL VEHICLE DETECTION SYSTEM UPGRADE, SPECIFICATION NO. 90878. ACTION: Moved by Brown/Mulholland to authorize sole source and contract award to McCain Inc. in the amount of$163,000 to design, procure equipment, and configure systems for an upgrade to the City's Traffic Signal Vehicle Detection System, Specification 90878; motion carried 5:0. C5. OPPOSITION TO FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 10008 (2008 Series) opposing proposals by state government to "borrow" local tax and other revenues in order to temporarily balance the state budget; motion carried 5:0. ®RAF T 6 Council Minutes Tuesday,Hugust 19, 2008 C6. RAW WATER BYPASS, SPECIFICATION NO. 90802 . ACTION: Moved by Brown/Mulholland to: 1. Approve plans and specifications for Raw Water Bypass, Specification No. 90802. 2. Authorize staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of$300,000; motion carried 5:0. C7. MODIFIED HEALTH INSURANCE CONTRIBUTION FOR SAN LUIS OBISPO CITY EMPLOYEE'S ASSOCIATION AND UNREPRESENTED CONFIDENTIAL AND MANAGEMENT EMPLOYEES. ACTION: Moved by Brown/Mulholland to: 1. Adopt Resolution No. 10009 (2008 Series) approving an amendment to the San Luis Obispo City Employees Association (SLOCEA) Memorandum of Agreement implementing a new health insurance contribution structure for SLOCEA employees. 2. Adopt Resolution No. 10010 (2008 Series) implementing a new health insurance contribution structure for confidential, appointed official, and management employees; motion carred 4:1 (Settle opposed). C8. TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN PROJECT — HIDDEN HILLS MOBILODGE EASEMENT PURCHASE. ACTION: Moved by Brown/Mulholland to: Approve Sewer Facilities Easement Deed with Hidden Hills Mobilodge and authorize the Mayor to execute the Deed. 2. Approve Right of Way Agreement with Hidden Hills Mobilodge and authorize the Mayor to execute the Agreement. 3. Authorize CAO to execute the necessary supplemental escrow paperwork to complete the transaction; motion carried 5:0. C9. TANK FARM GRAVITY SEWER, LIFT STATION, AND FORCE MAIN PROJECT —COKER ELLSWORTH EASEMENT PURCHASE. ACTION: Moved by Brown/Mulholland to: 1. Approve the Sewer Facilities Grant Deed for the purchase of real property from Coker Ellsworth Development, LLC for construction of the Tank Farm Gravity Sewer, Lift Station and Force Main Project and authorize the Mayor to execute the Deed. 2. Approve Right of Way Agreement with Coker Ellsworth Development, LLC in the amount of$354,000 and authorize the Mayor to execute the Agreement. 3. Authorize CAO to execute the necessary supplemental escrow paperwork to complete the transaction; motion carried 5:0. C70. TANK FARM GRAVITY SEWER, LIFT STATION, AND FORCE.MAIN PROJECT —LATHROP PROPERTIES EASEMENT PURCHASE. ACTION: Moved by Brown/Mulholland to: 1. Approve a Sewer Facilities Easement Deed with Lathrop Properties and authorize the Mayor to execute the Deed. 2. Approve a Right of Way Agreement with Lathrop Properfies in the amount of$26,100 for sewer line improvements and authorize the Mayor to execute the Agreement. 3. Authorize the CAO to execute the necessary supplemental escrow paperwork to complete the transaction; motion carred 5`0. CP 7 ®RAF9 Council Minutes Tuesday, r+ugust 19,2008 C11. TANK FARM GRAVITY SEWER, LIFT STATION, AND FORCE MAIN PROJECT — UNION OIL COMPANY EASEMENTS. ACTION: Moved by Brown/Mulholland to: 1. Approve Sewer Facilities Easement Deed with Union Oil Company and authorize the Mayor to execute the Deed. 2. Approve Right of Way Agreement with Union Oil Company in the amount of$86,000 and authorize the Mayor to execute the Agreement. 3. Approve Soil and Groundwater Intrusion Agreement with Union Oil Company for handling of contaminated soil and groundwater and authorize the Mayor to execute the Agreement. 4. Authorize the CAO to execute the necessary supplemental escrow paperwork to complete the transaction; motion carried 5:0. PUBLIC HEARING 1. CONSIDERATION OF A GENERAL PLAN AMENDMENT, REZONING, AND A VESTING TENTATIVE TRACT MAP, FOR THE PACIFIC COURTYARDS PROJECT(ER, GP/R, &TR 102-07): 1321 & 1327 OSOS STREET). Senior Planner Ricci presented the staff report and responded to questions. Mayor Romero opened the public hearing. Carol Florence, Principle Planner with Oasis Associates and applicants representative, spoke in support of the Planning Commission's recommendation. In response to Council Member Settle, she explained that an investigation is still under way regarding how much of the utilities can be installed underground. She discussed what has been done to address potential flooding of garages in residential areas and explained the difference in regulations for commercial areas. Mayor Romero closed the public hearing. Mayor Romero and Council Member Carter congratulated the applicants. Council Member Carter added that the majority of the citizens will be the most concerned about the streetscape and acknowledged the efforts of the architects and planners for the attention they gave to making the new fit in with the old. ACTION: Moved by Brown/Carter to: 1. Adopt Resolution No. 10011 (2008 Series) reconfiguring the boundary between the Medium-High Density Residential and Office designations at 1321 & 1327 Osos Street, based on findings, and approving a Vesting Tentative Tract map, based on findings, and subject to conditions. 2. Introduce an ordinance reconfiguring the boundary between the Medium-High Density Residential (R-3-H) and Office (0) zoning designations at 1321 & 1327 Osos Street, based on findings; motion carried 5:0. Council recessed from 8:50 p.m. to 9:00 o.m. and the meeting reconvened with all members present. ®RAS 1 8 e $ i Council Minutes Tuesday,Hugust 19, 2008 STUDY SESSIONS 2. STUDY SESSION TO DISCUSS A PROPOSED 2009-11 GENERAL PLAN UPDATE PROCESS. Deputy Director of Lonq Range Planning Murry presented the staff report. She and CAO Hampian responded to questions. Public Comments John Ashbaugh, San Luis Obispo, said he supports the staff recommendation to proceed with the update process, but opposed fast-tracking the owner-initiated proposed annexation separately from the update. He urged Council to commit to meaningful public participation at all stages of the process. He suggested that residents will continue to support a General Plan that will preserve quality of life, maximum open space, incentives, and mixed use projects. Andrew Christie, Chapter Director of the Santa Lucia Chapter of the Sierra Club, spoke in support of using a legislative draft process and using the same Opinion Survey that was used for the last Land Use Element update. Dane Senser, San Luis Obispo, expressed concerned about consultant costs and suggested that the citizens are better qualified to provide input into this process than are consultants. Ermina Karim, representing the SLO Chamber of Commerce, discussed the Chamber's concern regarding healthy economic growth in the community and pointed out that the Chamber is prioritizing economic development. She asked that this focus also be included in the General Plan Update to assure a vital economy and protect, through this process, the quality of life in San Luis Obispo. Russell Brown, San Luis Obispo, encouraged Council to look at this as an opportunity to help build community and involve residents throughout this process in terms of input and decision making. He suggested that the role of the citizens' -advisory committee needs to be clarified, that it should have as its overriding concern the welfare and building of community and not represent a single issue, and that there needs to be a mechanism in place to monitor progress on this process. Marcia Nelson, San Luis Obispo, expressed concern regarding the costs for consultants, particularly regarding the development of a traffic model. She suggested that Cal Poly students should be hired to collect data. Paul Boniour, San Luis Obispo, said he voted for Measure Y and expressed concern that those funds may now be used for a General Plan update and not for their original purposes. –end of public comments— �1 q Rei 9 Council Minutes Tuesday;i ugust 19, 2008 Following discussion, Council provided the following comments and direction to staff: • Council Members and staff agreed that the process should be heavily resident and neighborhood based, but still allow for some appropriate representation of important sectors of the community by persons who might not live within the City limits (e.g. representatives of non-profits, the medical community, regional interests, etc). • Staff will be sensitive to the cost concern and will look at options for phasing and alternative funding methods. However, General Plan updates are ultimately expensive and Council will need to weigh the priority of a Land Use Element update within context of all other possible priorities competing for resources as part of the 2009-11 Financial Plan. • If the update is established as a Major City Goal by Council in January 2009, staff will look at ways to accelerate some of the steps that were targeted in the draft plan to start in May 2009. • Staff should use legislative drafts as a tool to make it dear to citizens what is being changed when amending plans. Staff will do so to the maximum extent feasible and practical during the update. • The proposed sequence of steps outlined in the plan seems agreeable, with the understanding that the staff will review the draft to potentially make it clearer that the process, and each major step, will start with community involvement • The Parks and Recreation Element shall not be tied to the Land Use Element update and instead will proceed on its own track. • The survey used in 1988 should be used as a point of departure in developing a new survey, but staff should also be open to new and more relevant questions and methodologies for assuring a representative, scientific sampling of community sentiment and vision. 3. DEVELOPMENT CONCEPT PLAN FOR CONGREGATION BETH DAVID, MADONNA, TWISSELMAN PROPERTIES. Deputy Director of Long Range Planning Murry introduced this item. Carol Florence, representing Congregation Beth David, John and Susan Madonna, Rowly and Cathy Twissleman, and Tim and Karen Twisselman, reviewed the area for which the owners would like to be allowed to process an annexation, General Plan amendment, and development request in advance of the more comprehensive Land Use and Circulation Element update process. In response to CAO Hampian, Ms. Florence confirmed that she is not representing the property owned by Clint and Connie Pierce or Phyllis Madonna. Council Minutes Tuesday;August 19, 2008 Public Comments Bill Siembieda, representing Congregation Beth David explained why he thinks the proposed concept plan is complimentary to the Land Use Element update and why the Congregation can be a partner in visioning this area. Mike Blum, member of Congregation Beth David, spoke in support of the plan. He reviewed some of the benefits to the City that are included in the plan. Ken Schwartz, San Luis Obispo, displayed a copy of and discussed the history of the City's first General Plan which was adopted in 1961. He suggested Council be cautious in approving this plan too quickly. He said the key question is where the financing will come from that builds the required infrastructure to support growth in this area. He said while the proposed annexation may be appropriate, consideration must be given to the kind of density that would be required on this land in order to generate the funding necessary to build that infrastructure. Lisen Bonnier, Los Osos Valley Road resident and farmer, discussed the sensitivity of this area and asked that Council not permit development to occur on the farmland, ranchland, or open space. She asked that this area remain as pristine as possible for the benefit of all residents of the City. Dane Senser, San Luis Obispo, said that he did not support or oppose the plan, but that he has questions related to it. He suggested that it seems similar to the Dalidio project. Marlie Schmidt, member of Congregation Beth David, spoke in support of the annexation process. She agreed with prior comments and recommended caution because it is a pristine area and gateway to the City. She said, however, that it is for these reasons that she wants the City to be part of the process. —end of public comments— Ms. Florence concurred with comments made by Mr. Schwartz. She explained that no definitive design exists or cost estimates for infrastructure. The applicants want to learn from the most recent annexations and attempt to understand what infrastructure will cost and how to pay for them. Council Member Mulholland said she had met with Mike Blum and Bill Siembieda and reviewed more extensive overlays of possible developments. She expressed concern about developing in this greenbelt and objected to proceeding with it. She pointed out the amount of staff time it would take to deal with it when staff is already strained while moving forward with the General Plan Land Use Element Update. Council Member Carter suggested that the concept plan should not be done prior to the completion of the General Plan update. He said that it could potentially be a major change to the vision previously expressed by the residents of the City. He said that the gateway to the City is a community-wide vision. In addition, the City would have to consider the impacts of annexation and development in the concept plan area on the D%K'Arr-air 11 el-11 Council Minutes _ Tuesday;ruigust 19, 2008 other sides of Los Osos Valley Road and Foothill Boulevard. He also said that the location of the greenbelt must be considered. Council Member Settle spoke in support of permitting the applicants to proceed with their proposal concurrently with the General Plan update. He pointed out that the City has a comprehensive development review process and it take a number of years to complete iL He pointed out that, for the most part, this area is not developable. He said he wanted to see open space preserved. Vice Mayor Brown concurred with the importance of open space, but suggested dedication of open space is a more permanent solution than open land. He also concurred with comments made by Council Member Carter. He did not believe that annexation is the same thing as allowing a project to be built. He said that because the Land Use Element update has not yet been funded, he had concerns about asking the applicants to delay their request. Mayor Romero said that the City is noted for its very thorough development review process. He suggested that the applicants should be allowed to proceed parallel with the General Plan updates and that he didn't think they would be finished with their proposal during the update process. ACTION: Moved by Settle/Brown to allow the applicants to pursue processing of an annexation request for the properties cited in the staff report, with the understanding that the applicants bear the burden of the costs associated with the processing of said annexation request and development plan, and that they address all the requirements listed in Land Use Element Policy 1.12.3; motion carried 3:2 (Mulholland/Carter opposing). CAO Hamgian called attention to the discussion about the importance of residence and community involvement. He said this was one of the main reasons staff suggested this request be considered as part of the General Plan Land Use Element update process. It will not be staffs responsibility to lead the public engagement process for this application. The applicant must do so, and the success of the applicants' proposals will hinge on the community engagement process. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the July 16th South Central Coast Basinwide Air Pollution Control Council meeting in Santa Barbara, the July 18"' California Men's Colony Citizens Advisory Committee meeting, and the July 23rd Air Pollution Control District meeting. Vice Mayor Brown provided an updated on the 10-year plan to eradicate homelessness in the county. He announced that there will be a Leadership Council meeting on this matter this Thursday. � l- l2 Council Minutes Tuesday;August 19, 2008 Council Member Settle noted that neither the Airport Land Use Commission nor LAFCO dealt with City business and Council has received the latest report from the Jack House Committee. Mayor Romero reported on the August 6t' SLOCOG meeting. His written report is on file in the City Clerk's office. COMMUNICATIONS CAO Hampian referred to the action Council took earlier regarding the Development Plan for the Congregation Beth David. He discussed potential workload and staffing issues and indicated that staff may ask that the applicant fund added resources to fund this process. Deputy Community Development Director Munn added that the applicants are aware that the City does not have staff to process their project along with other Council objectives and they are considering the idea of supplemental staff. Council Member Carter said that he and the Mayor attended the Poly Canyon Village ribbon-cutting ceremony and grand opening. He commended this project, noting its importance to the community, and urged Council Members to visit the site. Council Members concurred with Council Member Carter's suggestion to send a letter, via the Mayor, expressing congratulations to the University, with a copy to the Trustees, for this project. There being no further business to come before the City Council, MayorRomero adjourned the meeting at 12:12 a.m. Audrey Hooper City Cleric APPROVED BY COUNCIL: 09/16/08 DKr i 13 o Residents for Quaft Neighborhoods P.O.B=12604•San Ldis Ob1W,CJ193406 RECEIVE® SEP 15 2008 SLO CITY CLERK DATE: September 15, 2008 TO: San Luis Obispo City Council VIA: Hand Delivery MEETING DATE: 9-16-08, Consent Agenda SUBJECT: Minutes of the August 19, 2008 Council Study Session/Clarification of Council Direction to Staff RQN respectfully requested that the City Council give direction that"thenp imart/ purpose of the general plan update process and the resulting general plan shall be to get input from and represent the wishes of the people who live in this city".(RQN letter, 8-18-08, attached) , Based on tapes of the August 19, 2008 Council study session, a majority of the Councilmembers supported this request. Mayor Romero and Councilmembers Settle and Mulholland agreed that the update process, in Mayor Romero's words, "should be based primarily on residents." Unfortunately, this is NOT the direction being given to staff in the minutes before you. While we realize that in study sessions there are no votes,the majority of the Council were in agreement on this critical issue. P �( OUNCIL �AOIN DIR fkCAO p'FIRE CHIEF RED FILE �TTORNEY W DIR CLERK/ORIG f OLICE CHF - MEETING AGENDA o�aEPT HEADS FEC DIR uK ITEM # Com_ t� - TIL DIR DA f��1Z'B-�` iEHR DIR 0 THEREFORE, we strongly request the following directions to staff be changed to read; Direction 1. "Council Members and staff agreed that the process should be primarily resident and neighborhood based, but-still allow for some appropriate representation of important sectors of the community(e.g. representatives of non-profits,the medical community, regional interests. Etc)" * Direction 5. "The proposed sequence of steps outlined in the plan seems generally agreeable, with the understanding that the staff will review the draft to potentially make it clearer that the process and each major step, will start with primarily resident involvement."** Respectfully submitted, Brett Cross Chairperson, RQN *The City Charter requires that members of the LUE and Circulation Element Committees be residents of the City. Although there is a November ballot measure to allow non-city residents to serve on City Commissions and Committees, City residents have not yet voted on the Charter amendment. It is therefore premature to refer to "representation by persons who might not live within the City limits". ** Definitions: . Resident is"a person who resides in a certain place". Primarily is"first in importance". Heavily is "more than usual'. Community "is a body of people with a profession, faith, or way of life in common", as in"the development community". Community is also "a body of people living near one another." ll� Residents for-duality Neighbotboods P.O.Sox 12604•san Luis Obispo.CA 93406 DATE: August 18, 2008 TO: San Luis Obispo City Council VIA: Hand Delivery MEETING DATE: 8-19-08, WEN A SS-2 SUBJECT: STUDY SESSION TO DISCUSS A PROPOSED 2009-11 GENERAL PLAN UPDATE PROCESS Honorable Mayor and Members of the City Council, The issue before you is a request to approve "the fundamentals' of a proposed process to update the City's Land Use, Circulation, and Park and Recreation Elements. The primary purpose of the general plan update process and the resulting general plan should be to get input from and represent the wishes of the of San Luis Obispo city residents. This most critical "fundamental'is neither stated nor implemented In the proposed plan before you. In this plan, the berms "residents", "citizene, "stakeholders", "community' and "public" are used interchangeably when, in fact, they are not the same. Citizens are, by definition, residents. Stakeholders may not be City residents, but, they have a large presence In the planning process, often representing development or business Interests. "Input" and "buy in" from non-resident stakeholders is highly desirable, however, it Is not the primary purpose of either the general plan process or the general plan. The proposed plan [Agenda Report, p.aS2- 3] states that the general pian process for charting a vision and plan for growth 'must be based on community participation and stakeholder`buy-in'." What about resident buy in? A "resident-based process' begins with an early survey of residents to Identify Issues and create a "baseline" of their desires and wishes for the Community. All council and mayoral Candidates supported this approach for the current update at RQN's last City Council candidates forum. This approach Is not dearly incorporated In the plan. An early surrey of residents. was the critical component In the City's last Land Use Element update. It Is attached for your convenience. Auoust 18, 2008 RQN - Study Session Re: General Plan Update Page 2 We strongly support re-using the same survey with perhaps a few additional questions added to cover new issues. Comparing resident responses to the same questions regarding issues such as growth, traffic,, air quality etc. is also the only accurate way to answer staffs question of whether the eommunWs values have changed. "Knowing what the community vision Is and how it may have clanged will guide the scoping of the update processI' [Agenda Report, p. SS2-111. paying a consultant to write a new survey wdl not answer that question and is certainty not economical. Taking town hall meetings into the neighborhoods is also good public policy. This was also done In the City's last Land Use Element update and should be done in this update process. In a "resident based prbP-e,;" the dear majority of 'Citizens Advisory Committee" members must represent city residents. Task fvroes in which the majority of members represent non- resident "stakeholders' are by definition not "resident- ". In discussing the "Crtizens advisory committee membership" the plan before you refers to the challenge of choosing among the"multitude of stakeholdergroups". [Agenda Report, p. SS2-21]. There was no public participation In the preparation of this proposal [last paragraph, p. S52-51. It is clear to us that this proposed plan is not resident-based. We, therefore, respectfully request that you continue the discission and give direction to staff -.. that the rimary puryose of the IIan update ro0ess and the r+esuftin neral plan _mpranshall be to et in ut from nd. n the wishes of the people who live in thls qty. e update process plan must be rewritten to reflect this. This is the only way that the general plan will reflect the deslres and wishes of the residents who will live with the resulting growth, air quality, traffic and other impacts. Respectfully submitted, Brett Cross Chairperson, RQN Attachment "A" I I Council Minutes STUDY SESSIONS Tuesday, August 19, 2008 2. STUDY SESSION TO DISCUSS A PROPOSED 2009-11 GENERAL PLAN UPDATE PROCESS. Deputy Director of Lona Range Planning Mum presented the staff report. She and CAO Hampian responded to questions. Public Comments John Ashbaugh, San Luis Obispo, said he supports the staff recommendation to proceed with the update process, but opposed fast-tracking the owner-initiated proposed annexation separately from the update. He urged Council to commit to meaningful public participation at all stages of the process. He suggested that residents will continue to support a General Plan that will preserve quality of life, maximum open space, incentives, and mixed use projects. Andrew Christie, Chapter Director of the Santa Lucia Chapter of the Sierra Club, spoke in support of using a legislative draft process and using the same Opinion Survey that was used for the last Land Use Element update. Dane Senser, San Luis Obispo, expressed concerned about consultant costs and suggested that the citizens are better qualified to provide input into this process than are consultants. Ermina Karim, representing the SLO Chamber of Commerce, discussed the Chamber's concern regarding healthy economic growth in the community and pointed out that the Chamber is prioritizing economic development. She asked that this focus also be included in the General Plan Update to assure a vital economy and protect, through this process, the quality of life in San Luis Obispo. Russell Brown. San Luis Obispo, encouraged Council to look at this as an opportunity to help build community and involve residents throughout this process in terms of input and decision making. He suggested that the role of the citizens' -advisory committee needs to be clarified, that it should have as its overriding concern the welfare and building of community and not represent a single issue, and that there needs to be a mechanism in place to monitor progress on this process. Marcia Nelson. San Luis Obispo, expressed concern regarding the costs for consultants, particularly regarding the development of a traffic model. She suggested that Cal Poly students should be hired to collect data. Paul Boniour' San Luis Obispo, said he voted for Measure Y and expressed concern that those funds may now be used for a General Plan update and not for their original purposes. —end of public comments— ®Rr i Council Minutes Tuesday, August 19, 2008 Following discussion, Council provided the following comments and direction to staff: • Council Members and staff agreed that the process should be heavily resident and neighborhood based@ but still allow for some appropriate representation of important sectors of the community by persons who might not live within the City limits (e.g. representatives of non-profits, the medical community, regional interests, etc). • Staff will be sensitive to the cost concern and will look at options for phasing and alternative funding methods. However, General Plan updates are ultimately expensive and Council will need to weigh the priority of a Land Use Element update within context of all other possible priorities competing for resources as part of the 2009-11 Financial Plan. • If the update is established as a Major City Goal by Council in January 2009, staff will look at ways to accelerate some of the steps that were targeted in the draft plan to start in May 2009. • Staff should use legislative drafts as a tool to make it clear to citizens what is being changed when amending plans. Staff will do so to the maximum extent feasible and practical during the update. • The proposed sequence of steps outlined in the plan seems agreeable, with the understanding that the staff will review the draft to potentially make it dearer that the process, and each major step, will start with community involvement. • The Parks and Recreation Element shall not be tied to the Land Use Element update and instead will proceed on its own track. • The surrey used in 1988 should be used as a point of departure in developing a new survey, but staff should also be open to new and more relevant questions and methodologies for assuring a representative, scientific sampling of community sentiment and vision. 3. DEVELOPMENT CONCEPT PLAN FOR CONGREGATION BETH DAVID MADONNA, TWISSELMAN PROPERTIES. Deputy Director of Long Range Planning Murry introduced this item. Carol Florence, representing Congregation Beth David, John and Susan Madonna, Rowly and Cathy Twissleman, and Tim and Karen Twisselman, reviewed the area for which the owners would like to be allowed to process an annexation, General Plan amendment, and development request in advance of the more comprehensive Land Use and Circulation Element update process. In response to CAO Hampian, Ms. Florence confirmed that she is not representing the property owned by Clint and Connie Pierce or Phyllis Madonna. DRAT i 10 City Clerk Memorandum lCity of San Luis Obispo September 16, 2008 RECEIVED TO: Mayor Romero & Members of the City Council SEP 16 2008 FROM: Audrey Hooper, City Clerk SLO CITY CLERK VIA: Ken Hampian, CAO <K SUBJECT: Revisions to August 19, 2008, Council Meeting Minutes Mayor Romero has requested that the action on Study Session item 3, Development Concept Plan For Congregation Beth David, Madonna, Twisselman Properties (page 12 of the minutes), be revised as indicated below: ACTION: Moved by Settle/Brown to allow the applicants to pursue processing of an annexation request and develovment clan for the properties cited in the staff report, with the understanding that the applicants bear the burden of the costs associated with the processing of said annexation request and development plan, and that they address all the requirements listed in Land Use Element Policy 1.12.3; motion carried 3:2 (Mulholland/Carter opposing). The proposed language clarifies what is required to accompany the annexation application. If Council concurs with these revisions, the motion on the Consent Agenda should so indicate. GM01-04 Minutes\Corredon to Minutes 08-19-08.doc 2-COUNCIL 0@D BIP RED FILE ErCAO ZPIN DIP MEETING AGENDA 0`ACA0 aPIRA CHIEF ❑ATTORNEY aPW DIR DATE i6 ITEM #-.!L/— 2CLERK/0RI(3 2-POLICE CHF ❑ DEPT HEADS 2'REC DIR O'UTIL DIR C�- 1B1d111�_ 2 HR DIR � f°0GclvC/L � Gx►-v i d 46g(C