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Home My WebLink About03-19-2013 c1 minutes of march 5 2013• • MEETING DATE : March 19, 201 3 ITEM : C l minute s city of san Luis osisp o SPECIAL AND REGULAR MEETING OF THE CITY COUNCI L Tuesday, March 5, 201 3 Special Meeting — 5 :30 P .M . Regular Meeting — 6 :00 P .M . Council Chamber, 990 Palm Stree t San Luis Obispo, Californi a ROLL CALL : Council Members Present :Council Members John Ashbaugh, Dan Carpenter, Vice Mayor Kath y Smith, and Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Police Chie f Steve Gesell, and Maeve Kennedy Grimes, City Clerk . --------------------------------------------------------------------------------------------------------------- CLOSED SESSIO N CONFERENCE WITH LEGAL COUNSEL — Existing Litigatio n Pursuant to Government Code § 54956 .9 ;SLO Homeless Alliance v City of San Luis Obispo; San Luis Obispo County Superior Court Case No . CV12020 4 PUBLIC COMMENT ON CLOSED SESSION ITEMS : City Attorney Dietrick called for public comments . None were heard and the Counci l recessed to the Closed Session . Closed Session adjourned to the Regular Meeting at 6 :00 PM . ----------------------------------------------------------------------------------------------------------------------- ROLL CALL : Council Members Present :Council Members John Ashbaugh, Dan Carpenter, Vice Mayor Kath y Smith, and Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk , were present at Roll Call . Other staff members presented reports o r responded to questions as indicated in the minutes . ---------------------------------------------------------------------------------------------------------------------- city council . meetmq minutes Page 2 Tuesday, March 5,201 3 ------------------------------------------------------------------------------------------------------------------------ PLEDGE OF ALLEGIANC E Council Member Ashbauqh led the Pledge of Allegiance . ----------------------------------------------------------------------------------------------------------------------- REPORT FROM CLOSED SESSIO N City Attorney Dietrick stated there was reportable action on the Closed Session item a s follows : ACTION :Motion by Vice Mayor Smith / Council Member Ashbaugh not to appeal the judgment awarding attorney fees in the SLO Homeless Alliance v Cit y of San Luis Obispo (San Luis Obispo County Superior Court Case No . CV120204). Roll Call Vote : 3-1 (Council Member Carpenter opposed) Motion Carried . ACTION :Motion by Vice Mayor Smith / Council Member Ashbaugh to authoriz e the City Managers to appropriate funds from undesignated reserves and to pa y the amount of judgment and interest due in the SLO Homeless Alliance v City o f San Luis Obispo (San Luis Obispo County Superior Court Case No .CV120204). •Roll Call Vote : 3-1 (Council Member Carpenter opposed) Motion Carried . ------------------------------------------------------------------------------------------------------------------------ PUBLIC COMMEN T Donald Hedrick,San Luis Obispo . Spoke in regard to homelessness . Sharon Whitney,San Luis Obispo . Spoke in regard to high occupancy residences . Will Powers,San Luis Obispo . Read a list regarding activities of the City Council . Steve Barasch,San Luis Obispo . Asked questions regarding budget expenses and Measure Y related issues .City Manaqer Lichtiq and Interim Finance Director Padill a responded . ---end of public comments--- ----------------------------------------------------------------------------------------------------------------------- • city council meetmc minutes Page 3 Tuesday, March 5, 201 3 ------------------------------------------------------------------------------------------------------------------------CONSENT CALENDAR Public Comments On Items On The Consent Calenda r No one spoke at this time . ---end of public comments--- Vice Mayor Smith pointed out that on the February 5, 2013 Minutes she wished to hav ethe Minutes amended to reflect that she presided over the Proclamation and Presentatio nprior to the Mayor's arrival . ACTION : Motion byCouncil Member Ashbaugh /Council Member Carpente rto approve the Consent Calendar Items Cl as amended and C2 . Roll Call Vote : 4 - 0 Motion Carried . Cl .MINUTES OF TUESDAY, FEBRUARY 5, 2013 ; FEBRUARY 19, 2013 ; AN D WEDNESDAY FEBRUARY 20, 2013 .(CODRON/KENNEDY GRIMES ) •RECOMMENDATION :Waive oral reading and approve as presented (wit hamendment). ACTION :Approved by Consent Calendar Vote . C2 .FY 2013-14 CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 14 "GRANT APPLICATION .(GESELLJELLSWORTH ) RECOMMENDATION :1) Approve the submittal of a grant application to th eCalifornia Office of Traffic Safety (OTS) for an Avoid the 14 grant in an amount no tto exceed $160,000 . 2) If a grant is awarded, authorize the City Manager t oexecute the necessary grant documents . ACTION :Approved by Consent Calendar Vote . ------------------------------------------------------------------------------------------------------------------____ • city council meetinq minutes Page 4 Tuesday, March 5, 201 3 ------------------------------------------------------------------------------------------------------------------------ BUSINESS ITEM S B1 .REINTRODUCE THE SOUTH BROAD STREET AREA PLAN . (JOHNSON/DAVID — 60 MINUTES ) Community Development Director Johnson,Associate Planner David and Deput y Director of Community Development Murry presented the report and responded t o Council questions . Public Comment s John Boitel,San Luis Obispo . Appreciates the objectives of the South Broad Street Are a Plan to improve transportation safety and enhance Broad Street's appearance as a gateway to downtown ; in addition he expressed his gratitude for the time and efforts o f staff and volunteers who have worked to improve the City through good planning . However, proposed elimination of over 30% of the M Zone parcels within the City sends a message that small family owned businesses are not welcome as part of the mixed us e neighborhood . This organic mixed use area has worked well for over 30 years . Pleas e leave the M Zone as it is . Paul Allen,SanLuis Obispo . Expressed his opposition to the changes set forth in th e plan ; McMillan Avenue stands alone and should be removed from the rezoning plan, a s set forth in option 3 . McMillan is successful and is an asset to the City . Steve Devencenzi .Planning Director for SLOCOG . Spoke in support of including thi s plan for future review . Hardie Phillip,San Luis Obispo . Loves this City and owns a business on McMilla n Avenue . He supports the removal of McMillan Avenue are from rezoning plan . Support s option 3 . McMilan Avenue is a special place ; we take care of one another ; I don't want t o move . Russ Kimmel], San Luis Obispo .Owns a business at the Corner of Francis and Victoria . He supports changes to Broad Street, but has an issue with Victoria . His property woul d be downgraded to a CR zone which would be difficult . Mixed use can work within M Zone, don't change the M Zone . Appreciates the work that has been done, but feels th e Council should support option 4 — Strip Area Plan down to South Broad Stree t improvements only . John Caruana, San Luis Obispo .Owner of business on Francis Street for 25 years .. Th e neighbors on Francis Street get along together and work to take care of each other .. H e has 11 employees ; 9 of which are head of household jobs . We co-exist on our street . Please support option 4 . • • city council meetmc minutes Page 5 Tuesday, March 5, 201 3 •David Brodie,San Luis Obispo . When there is retail development outside of downtown , the downtown suffers . If approved, this will impact the rest of the City and will becom e urban sprawl . Ernest Barncastle,San Luis Obispo . They rent their business on Broad Street, Taylo r Rental . As a propane distributor, zoning changes may impact his business . Moving ou t to the airport will only increase mileage, for employees as well as customers . Feels this i s a big overreach . Supports option 4 . Robert Newby,San Luis Obispo . Victoria Street should not be considered a second mai n street for San Luis Obispo . Owns several businesses on Broad Street . He received a notice of a meeting 2 days after the meeting occurred . He is concerned about th e development of Broad Street ; turning left across Broad to a business is nearly impossible . Scott Smith,San Luis Obispo Housing Authority . Pleased with the concept of mixed us e and high density within the plan . Would appreciate a pedestrian bridge over the railroa d tracks and pedestrian path along the tracks . Concerned with how the costs will b e distributed ; hopes they dont impact new development costs 100%. Terry Boyer .Owns two pieces of property on McMillan ; has been there for 44 years . McMillan is a successful community ; it would be a shame to mess it up . Don't disturb th e area ; we all get along and take care of one another . He shouldn't have to apply for a permit to continue the business he has been operating . Alex Meyer .He spoke on behalf of workers in the manufacturing businesses in the City . Downzoning will negatively impact the area and cost local jobs . Cal Poly's Learn by Doing program would be impacted as well . Our local jobs provide other local jobs in th e City . Carl Lea,San Luis Obispo . There is incredible diversity in the existing neighborhood ; h e has owned property on Victoria Street for over thirty years ; there have never bee n conflicts . Has It is currently mixed use, but changing his zoning would negatively impact his business and the existing diversity . Allan Cooper,San Luis Obispo . Speaking on behalf of Save our Downtown ; supports more development and affordable housing . Supports options 1 and 4 . Opposes Urba n sprawl and doesn't see the need for a second downtown . Elizabeth Thyne,San Luis Obispo . Pedestrian safety is important and pedestria n crossings should be addressed . We don't need a second main street . Concentrate o n Broad Street and leave McMillan alone . Ted Enqdahl,Santa Margarita . Works in the area and supports manufacturing . Don't change the manufacturing zone . •Paul Torba,San Luis Obispo . Oppose the changes to the manufacturing zone . • city council meeting minutes Page 6Tuesday, March 5, 201 3 Ken Fontes,Arroyo Grande . Works on McMillan in reptile care products . We are a clean •and green company ; altough we would be grandfathered in, however, things may change .The proposed extension of road would affect our business model and plan . Supportsoption4 Ray Crosro .Owns a property next to the trash company . Manufacturers need to b eprotected; the cost to relocate would be high . Michael Draze,San Luis Obispo . Speaking as Chairman of the Planning Commission .Victoria Avenue needs to go through ; this is a long term project . Broad Street i sunacceptable for the City of San Luis Obispo . The wider the lanes, the faster the traffi cmoves; by reducing 12 feet lane widths to 10 feet it will assist parking and pedestrians . Paul Brown,San Luis Obispo . The six month window is too short a window of time fo rmanufacturers to retool their equipment, or adapt their business to a new contract . Shawn McNabb,San Luis Obispo . Worked on the focus group and supports the plan . Don Hedrick,San Luis Obispo . We need enclaves of diversity to be left alone . Hold bac kand see what the future brings . Steve Hicks,San Luis Obispo . Slow down Broad Street ; don't drive out manufacturing ;encourage more mixed use . Choose option 4 . Eric Meyer,San Luis Obispo . Speaking as an individual this evening . Thes emanufacturing businesses have been walking the walk that we have been talking about .Wants the Council to be careful with what they are doing so we are sure to help thes epeople and businesses . --end of public comments--- The Council recessed from 8 :23 — 8 :38 pm . Mayor Marx read the new recommendation :To include the South Broad Street Area Plan for review as part of the preferred growt halternative of the Land Use and Circulation Element update . Deputy Director of Community Development Murry responded to issues raised durin gpublic comment. Mayor Marx brought the matter back to Council for a discussion of their outlook sregarding this item . Vice Mayor Smith stated that she did not want this to go forward to the Land Use an dCirculation Element update without greater consideration . • • city council meetmc minutes Page 7Tuesday, March 5, 201 3 •Council Member Carpenter likes to see the eclectic nature of the neighborhoods an dwould like to move ahead with option 4 . Council Member Ashbaugh stated that lane re-configuration and parking on Broad Stree twould be worthwhile . Mayor Marx stated that the neighborhood is great the way it is ; we need more housing ;and people need basic services within the area . She stated that she was in favor o foption 1 and 2, if we have option 1 we wouldn't need option 3 . Motion by Council Member Ashbaugh /Mayor Marx to include the South Broa dStreet Area Plan for review as part of the Land Use and Circulation Elementupdate. Encompassing Option 1 Overlay for special South Broad M-zone ,prohibiting certain uses ; and Option 2, extending window to 1 year, along wit hOption 3 Remove McMillan Avenue area from rezoning plan . Council Member Ashbaugh withdrew his motion and then reinstated his motion . Roll Call Vote : 2 - 2 (Council Member Carpenter and Vice Mayor Smit hopposed) Motion failed . Community Development Director Johnson proposed changes to the Resolution fo rdiscussion. ACTION : Motion by Vice Mayor Smith/Council Member Ashbaugh to continu ethis item until March 19, 2013 so that staff can bring forward proposed changes to th eResolution and provide an opportunity for Council and public review . Roll Call Vote : 3 - 1 (Council Member Carpenter opposed) Motion passed . B2 .TEMPORARY COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2013 .(MARX/KENNEDY GRIMES – 10 MINUTES ) Mayor Marx presented the report and responded to Council questions . Public Comments No one spoke at this time, ---end of public comments--- ACTION :Motion by Council Member Carpenter /Council Member Ashbaug hto approve temporary Council Liaison Subcommittee Assignments to fill th evacant assignments left by Council Member Carter's resignation . Roll Call Vote : 4-0 Motion Carried . • • city council meeting minutes Page 8 Tuesday, March 5, 201 3 B3 .UPDATE OF THE CITY'S FLAG POLICY .(CODRON — 30 MINUTES ) Assistant City Manager Codron,presented the report, set forth a few minor changes t o the policy wording and responded to Council questions . Public Comment s Don Hedrick,San Luis Obispo, expressed comments on the policy . ---end of public comments--- ACTION :Motion by Council Member Ashbaugh /Council Member Carpente r to approve an updated flag policy and direct the City Manager to implement th e approved changes . Council Member Carpenter stated that we are American's first and residents o f the City of San Luis Obispo second, and amended the motion to include all thre e flags when the Mayor makes the decision regarding a prominent citizen . Counci l Member Ashbaugh accepted the friendly amendment . Roll Call Vote : 3 — 1 (Vice Mayor Smith opposed) Motion Carried . Vice Mayor Smith stated that her opposition was due to the fact the public wa s not included in the development of the policy . ------------------------------------------------------------------------------------------------------------------------ COUNCIL LIAISON REPORTS AND COMMUNICATION S Vice Mayor Smith,Mayor Marx and Council Member Ashbaugh distributed writte n reports . Vice Mavor Smith brought up the issue of an earlier start time for the June 10th, 11th an d 12th meetings at 5 :00 pm rather than 6 :00 pm . Consensus was reached that th e meetings would begin at 5 :00 pm and the Council will take a twenty minute break aroun d 7 :00 pm . ----------------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 10 :00 p .m . Maeve Kennedy Grime s City Clerk APPROVED BY COUNCIL : xx/xx/13 • • •