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Home My WebLink About10/05/20101 1 MINUTES. MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 5, 2010 - 6:00 P.M. 990 PALM STREET SAN LUIS OBISPO; CALIFORNIA 6:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM 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: Monica Irons, Director of Human Resources, Michael Codron, Acting Assistant City Manager, Shelly Stanwyck, Acting Parks and Recreation Director, Andrea Visveshwara, Assistant City Attorney, Deborah Linden, Chief of Police, Carrie Mattingly, Director of Utilities, and Elaina Cano, City Clerk. Other staff members were present. ANNOUNCEMENT OF CLOSED SESSION TOPICS Assistant City Attorney Visveshwara announced the following Closed Session topics. CLOSED SESSION: 6:00 P.M. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Employee Organizations: Unrepresented Employees: CLOSED SESSION: 6:30 P.M. Monica Irons, Rick Bolanos, Michael Codron, Shelly Stanwyck, Andrea Visveshwara, Deborah Linden, Carrie Mattingly San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA) and San Luis Obispo City Firefighters, Local 3523 Confidential Employees, Unrepresented Management Employees CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation City Council Meeting Page 2 Tuesday, October 5, 2010 Pursuant to Government Code § 54956.9 regarding anticipated challenge to notice of violation of Subdivision Map Act recorded by the City against San Luis Obispo County Assessor Parcel Numbers: 053- 152 -007 and 053 - 152 -008 One (1) potential case PUBLIC COMMENT ON CLOSED SESSION ITEMS 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 7:00 p.m. Adjourn to Regular Meeting. 7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER Mayor Romero called the regular meeting to order at 7:03 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss labor negotiations, for which no reportable action was taken, and anticipated litigation, for which Council provided direction regarding the potential filing of litigation, as indicated above. No further reportable action was taken. PRESENTATIONS Mayor Romero presented a proclamation to local Dental Hygienists Giselle Marsh and Tracy Woods - Govan, acknowledging October as Dental Hygiene Month. Acting Fire Chief West announced October 3 -9, 2010, as Fire Prevention Week in the City of San Luis Obispo. APPOINTMENTS Al. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION (ARC). BICYCLE ADVISORY COMMITTEE (BAC), AND HUMAN RELATIONS COMMISSION (HRC). J City Council Meeting'± Page 3 Tuesday, October 5, 2010 ACTION: Moved by Ashbaugh /Carter, .in accordance with the recommendation of the Council Subcommittee's, to make appointments to the City's advisory bodies as follows: Architectural Review Commission (Subcommittee Members Romero and Settle) — Appoint Michelle McCovey -Good and Ken Curtis to the Architectural Review Commission (ARC) effective October 5, 2010, and expiring on March 31, 2011. Bicycle Advisory Committee (Subcommittee Members Marx and Ashbaugh) — Appoint Bill Bradlee to the Bicycle Advisory Committee (BAC) effective October 5, 2010, and expiring on March 31, 2013. Human Relations Commission (Subcommittee Members Marx and Ashbaugh) — Appoint Hillary Trout to the Human Relations Commission (HRC) effective October 5, 2010, and expiring on March 31, 2012; motion carried 5:0. PUBLIC COMMENT Kathy Callahan, San Luis Obispo, spoke on behalf of Pacheco Elementary to promote the Pacheco Fiesta De Arte 2010 fundraiser. Gary Fowler, San Luis Obispo, recommended that the new Fire Chief be required to live in the City of San Luis Obispo. Alan Thomas, San Luis.Obispo, spoke about his concerns regarding the Chevron property, and need for clean up of the contaminated land. Council Member Marx stated that the property in question is under the authority of the County. Council Member Ashbaugh stated that the passing of Measure H would delay an EIR on the Chevron property. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding public restrooms and sidewalks. Mary Golden, Central Coast Natural History Association, spoke in support of State Proposition.21 — The California State Parks Initiative. Parish & Amanda Ruth, San Luis Obispo, requested an amendment to Resolution 9874 — Affordable Housing. City Manager Lichtig .stated that staff would need direction from Council and an assessment of the time and resources spent on reevaluating the resolution, and the subsequent impacts on current staff workload. Council agreed to give no direction at this time except to receive further information on the resolution. Kevin Rice, San Luis Obispo, spoke about his concerns regarding the appointment process for vacant Council seats. Mayor Romero spoke of the need for a continuation of business, and the benefits of appointment over election, saving both time and money. The following citizens spoke in support of Measure H: Rosemary Wilvert, gave a presentation on childhood asthma. Mila Vuiovich- LaBarre, San Luis Obispo. Roxanne Morgan, San Luis Obispo. City Council Meeting Page 4 Tuesday, October 5, 2010 Roger Longden. Bill Wilson, San Luis Obispo. Willow Walking Turtle, San Luis Obispo The following citizens spoke in opposition to Measure H: John Spatafore, San Luis Obispo, thanked the Council and others for their support. Ermina Karim, San Luis Obispo Chamber of Commerce. Hillary Trout, San Luis Obispo. Agatha Reardon, San Luis Obispo. CONSENT AGENDA Public Comment Zazz Daniel, spoke in support of Item C4, and of the great potential in the upper Monterey Street neighborhood. - 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 amended; motion carried 5:0. C2. ADOPTION OF ORDINANCE RELINQUISHING THE PLAN LINE SETBACK ON BROAD STREET BETWEEN HIGUERA STREET AND MARSH STREET ACTION: Moved by Carter /Marx to adopt Ordinance No. 1529 (2010 Series) amending San Luis Obispo Municipal Code Section 17.74.130 to reflect changes to the Building Setback Line (Plan Line Setback); motion carried 5:0. C3. ADOPTION OF ORDINANCE AMENDING TITLE 17 OF.THE_MUP 3 -101. ACTION: Moved by Carter /Marx to adopt Ordinance No.. 1553 (2010 Series) amending Title 17 of the Municipal Code; motion carried 5:0. C4. MONTEREY STREET REHABILITATION, SPECIFICATION NO. 91008. ACTION: Moved by Carter /Marx to: 1. Approve plans and specifications for the Monterey Street Rehabilitation Project, Specification No. 91008. 2. Approve the transfer of $360,000 from various Master accounts to the Monterey Street Rehabilitation project account: $294,000 from the Street Reconstruction & Resurfacing Master account, $44,000 from the Water Distribution System Improvements Master account and $22,000 from the Collection System Improvements Master account. 3. Authorize staff to City Council Meeting Tuesday, October 5, 2010 Page 5 advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $1,400,000; motion carried 5:0. PUBLIC HEARINGS CONTINU PRESERVATION PROGRAM GUIDELINES AND CREATE A HISTORIC PRESERVATION ORDINANCEIGPI 72 -09). By consensus, Council agreed to hear further public testimony. Community Development Director Mandeville introduced this item following which Deputy Director Long Range Planning Murry presented the agenda report and responded to Council questions and comments. Council reiterated direction to staff to eliminate all additional penalties associated with this ordinance. Mayor Romero opened the public hearing. Mike Baumberger, Los Osos, stated he was a property owner in the City and was pleased to hear that the penalties had been eliminated, however still had reservations over the 25% demolition regulation. David Brodie, San Luis Obispo, suggested to leave the word "structural" in the ordinance. Joseph Abrahams, San Luis Obispo, suggested to leave the word "structural" in the ordinance. Elisabeth Abrahams, San Luis Obispo, suggested to leave the word "structural" in the ordinance. Anne Hodges, spoke about the vague wording on notifications sent to contributitory list. properties, and expressed concern regarding enforcement. Stacy Edmonds, San Luis Obispo, spoke about her concerns regarding the vagueness of the ordinance, and its reliance on City staff interpretation. Gordon Edmonds, San Luis Obispo, spoke about the voluntary Mills Act agreement, and urged the Council not to take public ownership of private property. Paul Rys, San Luis Obispo, spoke about his concerns regarding noticeing and suggested for a continuance of the item. [l City Council Meeting Tuesday, October 5, 2010 Page 6 Gary Fowler, San Luis Obispo, asked that the word 'structurally' be better defined or eliminated all together, and recommends allowing the next Council to consider this ordinance. Steve Rebuck, San Luis Obispo, spoke about the difficulties obtaining appropriate materials to recreate the look of historic properties, and encouraged adding some flexibility to allow owners to use alternatives. Peg Pinard, San Luis Obispo, spoke about her concerns regarding third party complaints, and about her concems regarding the post cards that were sent to the residents. Mayor Romero closed the public hearing. Council recessed at 9:19 p.m. and reconvened at 9:31 p.m. with all Council members present. Council discussion ensued, during which they reviewed the Guidelines page by page. ACTION: By consensus, Council provided direction to staff regarding edits to the Historic Preservation Program Guidelines and to make the proposed Historic Preservation Ordinance and Guidelines available for public review on October 19tH Council directed staff to return on November 9th for the introduction of the Historic Preservation ordinance and final review of Historic Preservation Program Guidelines. 2. HUMAN RELATIONS COMMISSION'S RECOMMENDED PRIORITIES FOR THE 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-IN -AID (GIA) PROGRAMS. Community Development Deputy Director Murry presented the agenda report.. Mayor Romero opened the public hearing. Steven Fernandez, San Luis Obispo, not present. Mayor Romero closed the public hearing. ACTION: Moved by Settle /Carter to approve; motion carried 5:0. 3. SLO TRANSIT FARE MODIFICATIONS. Deputy Director of Public Works.Bochum presented the agenda report. Mr Bochum and, Transit Manager Webster responded to Council questions and comments. Mayor Romero opened the public hearing. There was no public comment. 1 C City Council Meeting' :._ ? ! Page 7 Tuesday, October 5, 2010 Mayor Romero closed the public hearing. Council Member Settle stated his opposition to the staff recommendation as it was setting the stage for more fare increases in the future. . ACTION: Moved by Ashbaugh /Marx to adopt Resolution No. 10223 (2010 Series); motion carried 4:1 (Settle opposed). 4. BUSINESS ITEMS Community Development Director Mandeville presented the agenda. report and responded to Council questions and comments. Public Comments There was no public comment - - -end of public comments— Council members expressed their support of seeing this project move toward completion, and commended staff for their hard work. ACTION: Moved by Ashbaugh /Settle to adopt Resolution No. 10224 (2010 Series); motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Marx reported on her attendance at the Air Pollution Control District meeting; attendance at a joint meeting of the Los Angeles — San Diego — San Luis Obispo (LOSSAN) Rail Corridor Agency Joint Powers Board and The Coast Rail Coordinating Council Policy Committee. Mayor Romero gave a follow up report on attendance at the League of California Cities Conference, and at a Stormwater Management Session; the Mayors Meeting and its consideration of Proposition 22; and the SCLC helping to orient the over 3000 freshmen now on campus. COMMUNICATIONS Council Member Marx reported on her attendance at the dedication of seven heritage trees at CalTrans; the dedication of the Hampian Hockey Rink; and spoke about SLOCOG's forthcoming consideration of Measure. H. City Council Meeting Tuesday, October 5, 2010 Page 8 Vice Mayor Carter reported on SLO Night With Your Neighbors. Council Member Ashbaugh reported on SLO Night With Your Neighbors; the Utility Box Art Festival; Sunset Magazine's Savor the Central Coast event; and the Parade Magazine article featuring the City of San Luis Obispo. Mayor Romero spoke about Downtown Association's involvement with the Sociable City program. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:41 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: 12/07/10 1 1