HomeMy WebLinkAbout02/16/2010MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO -
TUESDAY, FEBRUARY 16, 2010
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
6:15 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Jan Howell Marx, Vice Mayor Andrew
Carter, and Mayor Dave Romero.
Absent: Council Member Allen Settle
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shelly
Stanwyck, Assistant City Manager, and Elaina Cano, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
ANNOUNCEMENT OF CLOSED SESSION TOPIC
City Attorney Dietrick announced the following Closed Session topic.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTIES: Union Pacific Railroad rights -of -way, various parcels, identified as follows:
APN 002 -343 -034
APN 002 - 342 -024
APN 002 - 455 -004
APN 052 - 193 -020
State Board of Equalization # 850 -40 -213
State Board of Equalization # 850 -40 -2A
State Board of Equalization # 805- 40 -213, Parcel 3A
State Board of Equalization # 850- 40 -2AM
State Board of Equalization # 850- 40 -2A, Parcel 37
NEGOTIATING PARTIES:
City of San Luis Obispo: Jay Walter, Katie Lichtig
Landowner: Union Pacific Railroad
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Tuesday, February 16, 2010
NEGOTIATIONS: Possible acquisition of property, terms and price
PUBLIC COMMENT ON CLOSED SESSION ITEM
Mayor Romero called for public comments. None were forthcoming and the meeting
adjourned to the Closed Session.
CLOSED SESSION REPORT
City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00
p.m. regular meeting.
The Closed Session adioumed at 7:03 p.m.
7 :00 P.M. — REGULAR MEETING — COUNCIL CHAMBER
Mayor Romero called the regular meeting to order at 7:04 p.m. All Council Members
were present with the exception of Council Member Allen Settle. Council Member Allen
Settle was .seated at the dais at 8:30 p.m.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session to discuss Property
Negotiations as indicated above. Council provided staff direction. No further reportable
action was taken.
INTRODUCTION
Fire Chief Callahan introduced the newly hired Fire Administrative Analyst, Julie Cox.
PRESENTATIONS
Mayor Romero presented "2010 Census Partner' proclamation to Priscilla Handley of
the 2010 Census Bureau.
Mayor Romero presented a proclamation to Pamela Werth, representative of the Feline
Network Board of Directors, acknowledging "Spay Day USA 2010."
B. K. Richard of the Land Conservancy gave a presentation on the restoration and
future vision of the Octagon Barn. Mr. Richard introduced Executive Director Bob Hill,
who presented the City a painting of the Octagon Barn.
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Tuesday, February 16, 2010
Page 3
PUBLIC COMMENT
John Sherry, San Luis Obispo, spoke about his concerns regarding parking on the streets
in neighborhoods and referenced the Parking District Code Section 10.36.233.
City Manager Lichtiq explained that staff is working collaboratively across departmental
lines to come up with a solution.
Nick Pafundi, San Luis Obispo, spoke in support of the Google Fiber Optics Network trial
opportunity and requested Council's support.
Gary Fowler, San Luis Obispo., spoke about his concerns regarding funding of the
Nacimiento Water project and the proposed parking garage on Palm and Nipomo Streets.
Steve Secrest, San Luis Obispo, spoke about his concern regarding water drainage and
flooding in the San Luis Drive neighborhood.
City Attorney Dietrick explained that this is a matter of pending litigation and staff is in
communications with Mr. Secrest's attorney.
Jeanne Secrest; San Luis Obispo, spoke about her concerns regarding water drainage
and flooding in her neighborhood.
Russ Levanway, San Luis Obispo, spoke in support of the Google Fiber Optics Network
trial opportunity.
Ermina Karim, San Luis Obispo Chamber of Commerce, spoke in support of the Google
Fiber Optic trial opportunity.
Jeff Buckingham, spoke in support of the Google Fiber Optic trial opportunity.
City Manager Lichtiq stated that staff has.been working on this issue aggressively and is
glad to see an increased awareness 'of this opportunity throughout the community. Ms.
Lichhttiig explained that staff will be bringing this item back for formal action at the March
12 Council meeting.
CONSENT AGENDA
ACTION: Moved by Carter /Marx to approve the Consent Agenda as indicated below.
C1. MINUTES.
ACTION: Moved by Carter/Marx_ to waive oral reading and approve as modified; motion
carried 4:0, (Settle absent). ,
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Tuesday, February 16, 2010
C2. - BOB JONES .CITY -TO -SEA TRAIL ACCESS EASEMENT.
ACTION: Moved by Carter /Marx to: 1. Accept the Offer of Dedication of Easement
from JK Dewar Properties to formalize access for the Bob Jones City -to -Sea project. 2.
Approve the Acknowledgement of Drainage Easement to the benefit of JK Dewar
Properties and authorize the Mayor to execute the document. 3. Direct the City Clerk to
forward the accepted Offer to Dedicate and Consent form to the County Clerk -
Recorder's Office for Recording; motion carried 4:0, (Settle absent).
C3. ADDITION OF CHAPTER 12.23 TO THE MUNICIPAL CODE RELATING TO
PROTECTION OF RIPARIAN HABITAT AND WATER-QUALITY.
ACTION: Moved by Carter /Marx to adopt Ordinance No. 1541 (2010 Series); motion
carried 4:0, (Settle absent).
C4. LEASE AGREEMENT WITH THE SAN LUIS OBISPO ART CENTER
F
Council pulled this item for further discussion.
Council Member Marx expressed her concerns regarding the park land and removal of
trees.
PUBLIC COMMENT
Karen Kile, Art Center Executive Director, requested that the 5% commission be
removed from the current agreement.
ACTION: Moved by Marx/Carter to 1. Rescind the current lease agreement with the
San Luis Obispo Art Center valid until 2017. 2. Approve a new 55 -year agreement (with
a potential 44 -year extension) lease agreement with; the Art Center for construction and
subsequent operation of the San Luis Obispo Art Center with modifications to
paragraph 10. This modification should include an additional sentence stating; No
creek alteration or tree removal shall occur on the property without prior City approval.
3. Authorize the Mayor to execute the agreement; motion carved 4:0, (Settle absent).
BUSINESS ITEMS
1. STATUS REPORT: UNREINFORCED MASONRY HAZARD MITIGATION
PROGRAM.
Assistant City Manager Stanwvck introduced this item, following which Economic
Development Manager Clark and Chief Building Official Girvin presented the agenda
report and responded to questions.
1
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Tuesday, February 16, 2010
Public Comments
Carol Florence, Representative of Dorothy Naman Trust, spoke in support of staffs
recommendation and responded to Council questions.
Pierre Rademaker, San Luis Obispo, spoke in support of staffs recommendation.
Mike Spangler, San Luis Obispo, spoke in opposition to staffs recommendation and
responded to Council questions.
Bill Thoma, San Luis Obispo, spoke in support of staffs recommendation.
- -end of public comments—
Council discussion ensued during which they spoke of their support of staffs
recommendation. In addition, Council Members Marx and Settle discussed their
concerns regarding retrofit costs, penalties and one year extension for the Springfield
Baptist Church. -
Moved by Ashbaugh/Carter to: 1. Receive report and discuss status of Unreinforced
Masonry Hazard Mitigation (URM) Program. 2. Direct staff to return to Council with
Extension Agreements with property owners of Garden Street Terraces, Chinatown,
and Naman projects to allow additional time for these projects to complete their
permitting and construction. 3. Direct staff to return to Council with change to the URM
Ordinance as necessitated by Council Action. 4. Reaffirm the July 1, 2010, deadline for
ten buildings described in the report. 5. Direct staff to return to Council with an
amendment to the fee schedule that eliminates the favorable fees for seismic retrofit
projects where the original permit has expired due to inaction on the project.
After further Council discussion, Vice Mayor Carter withdrew his second. Motion failed
due to lack of a second.
ACTION: Moved by Marx/Settle to: 1. Receive report and discuss status of
Unreinforced Masonry Hazard Mitigation (URM) Program. 2. Direct staff to return to
Council with Extension Agreements with property owners of Garden Street Terraces,
Chinatown, and Naman projects to allow additional time for these projects to complete
their permitting and construction. 3. Direct staff to return to Council with change to the
URM Ordinance as necessitated by Council Action. 4. Reaffirm the July 1, 2010,
deadline for ten buildings described in the report. 5. Direct staff to return to Council
with an amendment to the fee schedule that eliminates the favorable fees for seismic
retrofit projects where the original permit has expired due to inaction on the project 6.
Allow a one -year extension to the Springfield Baptist Church, which is a non - profit
organization; motion carried 5:0.
Council recessed at 9:30 p.m. and reconvened at 9 :40 p.m. with all members present.
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Tuesday, February 16, 2010
2. DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT ORDINANCE.
City Attorney Dietrick presented the agenda report and responded to questions.
Public Comments
There was no public comment.
--end of public comments—
ACTION: Moved by Marx/Settle to introduce Ordinance No. 1542 (2010 Series).
amending Chapter 5.72 of the San Luis Obispo Municipal Code relating to cable
television franchises; motion carried 50.
3. MID - HIGUERA WIDENING PROJECT: COSTS, MEDIANS AND PROJECT
OPTIONS.
Director of Public Works Walter introduced this item, following which Senior Civil
Engineer Van Beveren presented the agenda report and responded to questions
Public Comments
Scott Haves, San Luis Obispo, spoke about his concerns regarding staffs
recommendation.
Jim Morabito, owner of Paul's Cleaners, spoke about his concerns regarding the
economic downfall and staff's recommendation.
Dave Hite, San Luis Obispo, spoke in opposition to the addition of the median and
concerns regarding staffs recommendation.
John Dunn, Avila Beach, spoke about his concerns regarding long term effects and
ways to enhance the mid - Higuera area.
Roy Parsons, spoke about his concerns regarding the medians, water flow and flood
control.
Bill Thoma, spoke about his concern's with staffs recommendations.
--end of public comments—
Council discussion ensued during which they stated their concerns regarding funding,
flooding, traffic congestion; medians, street widening and turning lanes.
1.
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Tuesday, February 16, 2010
A motion was made by Council Member Ashbaugh to modify the scope of the current
Higuera Street Widening project to align the project with the available funding which
means that the project will include traffic signal replacements and operational
improvements at Marsh Street and at High Street and the resurfacing of Higuera Street
from Marsh Street to South Street; include Alternative 1. Amend Mid - Higuera
Enhancement Plan; motion failed due to a lack of a second.
A motion was made by Mayor Romero, seconded by Council Member Settle to deny
staffs recommendation; 2 -3 motion failed; Ashbaugh, Carter and Marx opposed.
ACTION: Moved by Marx/Carter to modify the scope of the current Higuera Street
Widening project to align the project with the available funding which means that the
project will include traffic signal replacements and operational improvements at Marsh
Street and at High Street and the resurfacing of Higuera Street from Marsh Street to
South Street; 3:2 Romero /Settle opposed.
ACTION: Moved by Ashbaugh /Settle to direct staff to evaluate work load and return to
Council as part of the June budget process with a recommended approach to
implement plan amendments as reflected in Alternative 1; 3 -2 Carter and Marx
opposed.
COUNCIL LIAISON REPORTS
Council Member Marx reported on her attendance at the Air Pollution Control District,
SLOCOG, and SLORTA..
Council Member Ashbaugh reported on his attendance at the Zone 9 and CAPSLO
meetings.
Council discussed the CAPSLO Homeless Shelter project that will be presented at the
February 17th Airport Land Use Commission meeting.
COMMUNICATIONS
By consensus, Council agreed for the City Manager to seek input from individual
Council members about criteria and qualities for the next Cal Poly President.
There being no further business. to come before the City Council, Mayor Romero
adjourned the meeting at 11:30 p.m.
Elaina .Cano, CMC
City Clerk
APPROVED BY COUNCIL: 04/06/10