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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. City Council Meeting Tuesday, April 20, 2010 Page 2 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. City Council Meeting' Page 3 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 City Council Meeting Page 4 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. City Council Meeting" Tuesday, April 20, 2010 Page 5 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: City Council Meeting Tuesday, April 20, 2010 Page 6 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 1 City Council Meeting` : "' Tuesday, April 20, 2010 Page 7 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. City Council Meeting Page 8 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 City Council Meeting Page 9 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. City Council Meeting Tuesday, April 20, 2010 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. 1 City Council Meeting' `` ' Page 11 Tuesday, April 20, 2010 Elaina Cano, CIVIC City Clerk APPROVED BY COUNCIL: 07/06/10 1