HomeMy WebLinkAbout04/20/2010MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 20, 2010
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M. — SPECIAL MEETING — COUNCIL CHAMBER
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice
Mayor Andrew Carter, and Mayor Dave Romero
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.
INTRODUCTION
Parks and-Recreation_ Director Kiser. introduced Children's Service Supervisor, John
Macon.
STUDY.SESSION
1. INTRODUCE - PROJECT REDESIGN, FINAL. ENVIRONMENTAL IMPACT
REPORT (EIK AND PLANNING COMMISSION RECOMMENDATION FC
THE GARDEN STREET TERRACES PROJECT.
Community Development Director Mandeville introduced. the item, following which
Associate Planner Corey and Parking Services Manager Hor_ch presented the agenda
report and responded to questions.
City Attorney Dietrick stated for the record that in the. EIR there is analysis of how the
recommended environmentally superior alternative would diminish anticipated impacts
of the proposed project. Staff will present a. consolidated chart at the June 1, 2010,
Council meeting.
Public Comment
Carol Florence, Principal Planner with Oasis Associates - Project Planner, spoke in
support of staff's presentation and expressed their commitment to the City and the
project.
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Hamish Marshall, Applicant, spoke in support of the Planning Commission's
recommendation.
George Garcia, Project Architect, reviewed the history and spoke in support of staff and
the Planning Commission's recommendation and responded to Council's questions.
Elisabeth Abrahams, San Luis Obispo, spoke about her concerns regarding the size
and character of the downtown area.
David Brodie, San Luis Obispo, spoke about his concerns regarding pedestrian access
and the size of the project.
Elizabeth Thyne, San Luis Obispo, spoke in support of the reduced development,
environmentally superior alternative. In addition, Ms. Thyne also expressed her
concerns regarding the overall size of the project.
Allan Cooper, San Luis Obispo, spoke in support of staffs presentation.
Terry Mohan, San Luis Obispo, commended the developers for listening to the public
and spoke about his concerns regarding the height of the project and the number of
parking spaces proposed.
Linda Groover, San Luis Obispo, spoke in support of the EIR and staffs
recommendation and suggested using a model when presenting the project.
Marianne Orme, San Luis Obispo, spoke about her concerns regarding the advisory
body reviews of the project, construction time and the loss of business. Ms. Orme
thanked the developer and staff for including the public during this process.
Sandra Lakeman, San Luis Obispo, spoke about her concerns regarding the size of the
project.
Diane Duenow, San Luis Obispo, spoke about her concerns with the size of the project
and made reference to the Secretary of Interior Standards for Rehabilitation of Historic
Properties.
David Lee, Cal Poly Architecture Student, spoke about his observation regarding the
size in proportion to the downtown area and suggested using a physical model.
Mayor Romero closed the public comment period.
Council discussion ensued during which they spoke in support of the staffs and
Planning Commission's recommendation, requested a physical model of the project,
parking issues, and the ambiance of Garden Street. Council also commended the
Advisory Bodies, community members, staff and developers for their involvement with
the project.
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Tuesday, April 20, 2010
Community Development Director Mandeville explained that a 3 -D model will be
included during the presentation of the final project.
ACTION: Council received staffs presentation on the project redesign, final EIR and
Planning Commission recommendation. Council shared questions and need for
additional information when this item returns on June 1St. By consensus, Council
agreed to have final design approval, including a physical model.
ADJOURN TO CLOSED SESSION AT 5:57 P.M.
CLOSED SESSION IMMEDIATELY FOLLOWING THE 4:00 P.M. SPECIAL MEETING
— COUNCIL HEARING ROOM
ANNOUNCEMENT OF CLOSED SESSION TOPIC
City. Attorney Dietrick announced the following- Closed Session topic:
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTY: 736 Marsh- Street
NEGOTIATING PARTIES:
City of San Luis Obispo: Katie Lichtig, Shelly Stanwyck, J. Christine Dietrick
WestPac: Hamish Marshall
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 Attomev Dietrick reported on the Closed Session at the commencement of the 7:00
p.m. Regular Meeting.
The Closed Session.adioumed at 7:06 p.m.
7:00 p.m. — REGULAR MEETING — COUNCIL CHAMBER
Mayor Romero called the Regular Meeting to order at 7:10 p.m. All Council Members
were present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session at 6:00 p.m. to discuss
property negotiations, however the proceedings did not conclude.. Ms. Dietrick stated that
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Tuesday, April 20, 2010
the Council will stand in recess until the conclusion of the Regular meeting after which
time Council will return to Closed Session.
PRESENTATION
Mayor Romero presented a proclamation to City Arborist, Ron Combs, in honor of Arbor
Day.
PUBLIC COMMENT
Kimberly Anderson, San Luis Obispo, requested adding a breastfeeding logo in City
buildings.
Rudy Madrid, San Luis Obispo, spoke about a proposed off leash dog park and
requested that this item, which is scheduled to be heard by Council at their May 18"'
meeting, be postponed to a later meeting.
City Manager Lichtig recommended that this item be postponed to the June 15th Council
meeting. Council concurred.
Mark Shaffer, San Luis Obispo, spoke about the FunRide Program and suggested the
City consider utilizing the FunRide Program on a regular basis for City business.
Justin Reynolds, San Luis Obispo, suggested the City work jointly with Cal Trans to
perform a traffic impact study regarding freeway on and off ramps. Mayor Romero
explained that studies have been done and suggested Mr. Reynolds speak with Public
Works staff.
Simeon Trieu, San Luis Obispo, spoke about his concerns regarding pedestrians crossing
on Broad Street and suggested a cross walk or increased lighting.
Terry Mohan, San Luis Obispo, spoke in support of holding a candidate forum held in the
Council Chamber. In addition, Mr. Mohan spoke about his concerns regarding
wastewater reliability reserve and public restrooms in the Garden Street area.
William Ary, San Luis Obispo, spoke about his concerns regarding traffic concerns on
HWY 1.
Catherine Kristensen, San Luis Obispo, spoke about her concerns regarding Bubblegum
Alley.
Anthony Pope, Chair of SLOCOPA, expressed his gratitude to the City Council for their
support to Public Access television.
Craig Steffens, San Luis Obispo, spoke about his concerns regarding safety issues in his
neighborhood.
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CONSENT AGENDA
Mayor Romero read a statement, on file in the City Clerk's Office, regarding Item C5 —
Final Adoption of Unruly Gathering Ordinance.
By consensus, Council agreed to pull Item C4 and C8 for further discussion.
Public Comments on Consent Items; Excluding C4 ,and C8.
Jordan Wente, spoke about his concerns regarding feeding the ducks at Laguna Lake.
Tunni Ortali, San Luis Obispo, spoke in opposition to the ban of feeding the animals at
Laguna Lake.
Craig Steffens, San Luis Obispo, spoke in opposition to staffs recommendation regarding
the Unruly Gathering Ordinance.
Lara Kiana, San Luis Obispo, spoke in opposition to staffs recommendation regarding
the Unruly Gathering Ordinance.
Jacob Alvarez, Cal Poly ASI, spoke about the importance of the continued collaborative
efforts between City staff and Cal Poly students.
Term Mohan, San Luis Obispo, spoke about his concems regarding the Unruly Gathering
Ordinance.
Public Comments Regarding Items C4 and C8.
City Attomev Dietrick clarified for the Council that there is more than one tobacco retail
shop in existence in the City.
Christina LeFevre, Tobacco Control Program, spoke in support of staffs recommendation
regarding Item C -4.
Gary Fowler, San Luis Obispo, spoke about his concems regarding the enforcement of
smoking in public places and spoke in opposition to staffs recommendation regarding C5.
Jody Frey, San Luis Obispo, spoke in opposition to Item C4.
Mark Burnes, Pismo Beach, spoke: in support of Item C4.
Doug Shaw, Owner of The Sanctuary, spoke about the purpose of his business and is in
the process of installing a proper ventilation system.
Kevin. Owens, San Luis Obispo, spoke of his support for The Sanctuary:
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Craig Darnell, San Luis Obispo, spoke in support of The Sanctuary.
Brian Owens, spoke in support of The Sanctuary and the ability to smoke in the shop.
Charles Porter, San Luis Obispo, complimented staff on the implementation of the
Smoking Ban Ordinance.
Jong Kincade, spoke in support of Council's direction with the current Farmer's Market
issues and spoke about his concerns regarding various health hazards.
Michael Senn, San Luis Obispo, spoke in support of The Sanctuary.
Robin Marks, turned in a speaker card, however he chose not to comment.
Bill Almas, spoke in support of The Sanctuary and of staffs recommendation.
Tunni Ortali, San Luis Obispo, spoke in opposition to Item C4.
Dave Garth, Chamber of Commerce, spoke in support of the Chambers Vision
Document.
Clint Pearce, San Luis Obispo, spoke in support of the Chamber's Vision Document.
John Ewan, Chair of the Chamber of Commerce Board of Directors, commended the
Vision Task Force.
C1. MINUTES OF FEBRUARY 23, 2010.
ACTION: Moved by Carter /Settle to waive oral reading and approve as presented;
motion carried 5:0.
C2. FINAL ADOPTION OF THE URBAN STORM WATER. QUALITY
MANAGEMENT AND DISCHARGE CONTROL ORDINANCE.
ACTION: Moved by Carter /Settle to adopt Ordinance No. 1543 (2010 Series),
repealing Chapter 12.08 Rain Water Drains of the Municipal Code and adopting a new
Chapter 12.08 entitled Urban Storm Water Quality Management and Discharge Control
of the Municipal Code; motion carried 4:1 (Settle opposed).
C3. FINAL ADOPTION OF TREE ORDINANCE.
ACTION: Moved by Carter /Settle to adopt Ordinance No. 1544 (2010 Series),
replacing Section 12.24 of the Municipal Code; motion carried 5:0.
C4. FINAL ADOPTION OF ORDINANCE NO. 1545 (2010 SERIES) TO REPEAL
AND REENACT CHAPTER-8.16 (SMOKING PROHIBITED IN CERTAIN
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Council discussion ensued regarding Item C4 during which they discussed the
"grandfathering in" of current tobacco retailers, and allowing designated smoking areas in
homeless and day centers.
ACTION: Moved by Settle /Marx to adopt Ordinance No. 1545 (201.0 Series); motion
carried 4:1 (Ashbaugh opposed).
C5. FINAL ADOPTION OF UNRULY GATHERING ORDINANCE.
Council Member Ashbaugh spoke about his concerns regarding the fine amounts listed in
the Unruly Gathering Ordinance.
ACTION: Moved by Marx/Settle to adopt Ordinance .No. 1546 (2010 Series) adding
Chapter 9.13 to the San Luis Obispo Municipal Code prohibiting unruly.gatherings on
private property; motion carried 4:1 (Ashbaugh opposed).
C6. FIRE STATIONS 2 AND 3 COMMUNICATION BUILDINGS, SPECIFICATION
NO. 90222.
ACTION: Moved by Carter /Settle to: 1. Award a contract and authorize the City
Manager to execute a contract with Holland Construction in the amount of $144,887 for
the "Fire Stations 2 and 3 Communication Buildings, Specification No. 90222.° 2.
Approve a transfer of $4,000 from the project's construction account to the project's
construction management account; motion carried 5:0.
C7. CONSIDERATION OF APPROVING_ UPDATE TO THE CONTRIB
PROPERTIES LIST OF HISTORIC RESOURCES.
ACTION: Moved by Carter /Settle, as recommended by the Cultural Heritage
Committee (CHC), to adopt Resolution No. 10160 (2010 Series) that removes 1415
Mono Street from the Contributing Properties List of Historic Resources; motion carried
5:0.
C8. COMMENDATION OF THE SAN LUIS- OBISPOCHAMBER .OF COMMERCE
FOR ITS ECONOMIC VISION REPORT AND ENDORSE THE SIX -POINT
ACTION: Moved by Settle/ Ashbaugh to commend the San Luis Obispo Chamber of
Commerce for its excellent work in developing the 2010 Vision of San Luis Obispo's
Economic Future and endorse the six -point Economic Strategy contained with the
Vision document; motion carried 5:0.
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Tuesday, April 20, 2010
C9. REVISED 2009 -10 PROGRAM OF PROJECTS FOR FEDERAL TRANSIT
ADMINISTRATION SECTION 5307 GRANTS.
ACTION: Moved by Carter /Settle, as recommended by the Mass Transportation
Committee, to approve the revised Federal Transit Administration Program of Projects
as follows: 1. Appropriate $1,823,626 in approved Federal Transit Administration grant
funding for the 2009 -10 Program of Projects. 2. Adopt Resolution No. 10161 (2010
Series ) authorizing the Public Works Director to file a grant application and execute a
grant agreement with the Federal Transit Administration in the amount of $1,823,626;
motion carried 5:0.
C10. LOS OSOS VALLEY ROAD PAVEMENT.REPAIR, SPECIFICATION NO.
91004.
ACTION: Moved by Carter /Settle to: 1. Award a contract and authorize the City
Manager to execute an. agreement with R. Burke Corporation in the amount of
$195,291.50 for construction of the "Los Osos Valley Road Pavement. Repair,
Specification No. 91001." 2. Authorize the transfer of $100,370 from the Street
Reconstruction and Resurfacing (R&R) Master account to this project's construction
account; motion carried 5:0.
C11. APPROVAL OF USE OF JOHNSON.RANCH -OPEN -SPACE FOR BIOLOGICAL
MITIGATION ASSOCIATED WITH THE PREFUMO CREEK COMMONS
PROJECT.
ACTION: Moved by .Carter /Settle, as recommended by the Parks and Recreation
Commission, to authorize the use of Johnson Ranch Open Space for the mitigation
impacts to the Congdon tarplant resulting from the development of the Prefumo Creek
Commons Project; motion carried 5;0.
C12. AGRICULTURAL CONSERV
ROAD.
ACTION: Moved by Carter /Settle to adopt Resolution.No. 101.62 (2010 Series)
authorizing the Mayor to accept the dedication of an Agricultural Conservation
Easement covering an approximately seven -acre portion of Froom Ranch; motion
carried 5:0.
C13. FIRST AMENDMENT TO OPTION AGREEMENT FOR PURCHASE OF
PROPERTY FROM IRISH HILLS PLAZA WEST, LLC.
ACTION: Moved by Carter /Settle to authorize the Mayor to execute the First
Amendment to the Option Agreement for the sale and purchase of approximately 310
acres from Irish Hills Plaza West, LLC, .at a reduced purchase price of $635,500, using
funds from the City's Open Space Acquisition Fund plus outside fundraising, and with
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Tuesday, April 20, 2010
all other conditions of the-option 'agreement remaining in full force and effect; motion
carried 5:0.
C14: TRANSPORTATION IMPACT FEE CREDITS AND REIMBURSEMENT FOR
THE PREFUMO CREEK COMMONS PROJECT.
ACTION: Moved by Carter /Settle to: 1. Approve crediting of transportation impact fees
from the LOVR Sub Area Fee and Citywide Transportation Impact Fee programs for the
Prefumo Creek Commons Project. 2. Approve the reimbursement of approximately
$166,000 to Madonna Enterprises in LOVR Sub Area Fees previously collected from
area developers; motion carried 5:0.
C15. TRANSIT SYSTEM SAFETY, SECURITY AND DISASTER RESPONSE
ACCOUNT APPLICATION AND RESOLUTION.
ACTION: Moved by Carter /Settle to: 1. Authorize the City Manager or her designee to
execute for and on behalf of the City of San Luis Obispo, a public entity established
under the laws of the State of California, the actions necessary for the purpose of
obtaining financial assistance provided by the California Emergency Management
Agency. 2. Adopt Resolution. No. 10163 (2010 Series) authorizing the submittal of this
and future Proposition 1 B and Safety and Security grant applications. 3. Authorize staff
to continue to pursue and submit applications for funding opportunities that may be
available to supplement existing funding; motion carried 5:0.
Council recessed at 8:50 p.m. and reconvened at 9:02 p.m. with all members present.
PUBLIC HEARING
2. ESTABLISHMENT OF THE NEW WATER EFFICIENT LANDSCAPE.
STANDARDS IN CHAPTER 17.87 OF THE ZONING REGULATIONS.
Deputy Director of Utilities Hix introduced this item, following which Conservation
Manager Munds presented the agenda report.
Mayor Romero opened the public hearing.
There were no public comments.
Mayor_ Romero closed the public hearing.
ACTION: Moved by Marx/Settle to: 1. Introduce Ordinance No. 1547 (2010 Series)
repealing Chapter 13.20 of the Municipal Code; repealing and replacing Chapter 17.87
establishing Water Efficient Landscape Standards in the Zoning Regulations
(Attachment 1). 2. Adopt Resolution No. 10164 (2010) approving revised City standard
specifications and engineering standards for landscape and irrigation design
(Attachment 2); motion carried 5:0.
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Page 10
BUSINESS ITEMS
3. AMENDMENTS TO SAFETY ENHANCEMENT ZONE ORDINANCE AND
RESOLUTION TO ENACT SAFETY ENHANCEMENT ZONE DURING
SPECIFIED PERIODS.
Chief of Police Linden introduced this item, following which Police Captain Staley
presented the agenda report.
Public Comments
There were no public comments.
---end of public comments—
ACTION: Moved by Ashbaugh /Carter to: 1. Introduce Ordinance No. 1548 (2010
Series ) amending Chapter 9.22 of the San Luis Obispo Municipal Code as follows: a.
Amend section 9.22.020A to modify the fine schedule for safety enhancement zone
violations; b. Amend section 9.22.0208 to add Chapter 9.13 – Unruly Gatherings – to
the list of eligible violations; c. Delete section 9.22.040 – City of San Luis Obispo Safety
Enhancement Zone. 2. Adopt Resolution No.: 10165 (2010) to designate a eity -wide
safety enhancement zone for the time periods encompassing Mardi Gras, St. Patrick's
Day and Halloween. 3. Direct staff to implement a biennial review process for safety
enhancement zone designations; motion carried 5:0.
COUNCIL LIAISON REPORTS
None.
COMMUNICATIONS
None.
Mayor Romero adjourned the Regular meeting to reconvene the Closed Session at
9:45 p.m. with all members present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that the Council reconvened the Closed Session at 9:47
p.m. There was no further reportable action at this time.
Mayor Romero adjourned the Special Meeting /Closed Session at 10:30 p.m.
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Elaina Cano, CIVIC
City Clerk
APPROVED BY COUNCIL: 07/06/10
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