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HomeMy WebLinkAbout01/17/2012MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 17, 2012 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 5:00 P.M. — SPECIAL MEETING — COUNCIL CHAMBER ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, 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. BUSINESS ITEM B1. GENERAL PLAN TASK-FORCE FOR LAND USE AND CIRCULATION ELEMENTS UPDATE PROCESS. Community Development Director Johnson introduced this item, following which De u Community Development Director Murry presented the agenda report and responded to Council questions. Public Comments Allan Cooper, San Luis Obispo Save Our Downtown, requested that Save Our Downtown be represented on the General Plan Task Force and perhaps have an alternate. Sharon Whitney, San Luis Obispo League of Women Voters, requested that the League of Women Voters be represented on the General Plan Task Force. Dan Rivoire, San Luis Obispo Bicycle Coalition, spoke in support of staff's recommendation and submitted a written statement to Council, which is on file with the original agenda packet. Michael Boswell, San Luis Obispo, spoke in support of staffs recommendation and about his concerns regarding the membership of the General Plan Task Force. City Council Meeting Tuesday, January 17, 2012 Jerry Bunin, Government Affairs Director, Hom staff's recommendation and suggested that the to City residents. Page 2 sociation, spoke in support of n Task Force not be restricted Eric Meyer, San Luis Obispo, suggested that there needs to be a balanced membership on the General Plan Task Force. Brett Cross, RQN San Luis Obispo, stated the importance of having only City residents on the General Plan Task Force. Linda Groover, Save Our Downtown, concurred with Allan Cooper's comments. - - -end of public comments— Council discussion ensued during which they referred to and discussed Mayor Marx's memo, which is an Attachment to the minutes, the selection process, and membership. By consensus, the majority of Council agreed with all of Mayor Marx's suggestions listed in her memo, with the exception of "A. Land Use and Circulation Elements Update Task Force" #6; "B. Land Use and Circulation Elements Update Process" #5; allow the Planning Commission to appoint a representative from the Commission. ACTION: Moved by Ashbaugh /Carter to adopt Resolution No. 10324 (2012 Series) as amended to create a Task Force for the Land Use and Circulation Element and define its term and responsibilities; motion carried 5:0. The Special Meeting adjourned to a Closed Session at 6:35 p.m. CLOSED SESSION IMMEDIATELY FOLLOWING THE 5:00 P.M. SPECIAL MEETING — COUNCIL HEARING ROOM The Closed meeting commenced at 6:37 p.m. All Council Members were present. ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Dietrick announced the following Closed Session topic. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) (5) Abducted, Kidnapped, Abused Neglected, Endangered Afrikan Amerikan Rodgers' Children of Tender Ages in Crisis, Otis Lee Rodgers v. City of San Luis Obispo, Kerri Rosenblum, Communications & Records Manager San Luis Obispo Superior Court Case No. CV110603 1 1 City Council Meeting Page 3 Tuesday, January 17, 2012 PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Marx 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 adjourned at 6:50 p.m. 7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER Mayor Marx called the Regular Meeting to order at 7:00 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss Existing Litigation as indicated above. Council voted 5:0 to authorize the defense of the City and Ms. Rosenblum. No further reportable action was taken. PRESENTATIONS City Manager Lichtig introduced the new Chief of Police, Steve Gesell, following which City Clerk Cano administered the oath of office. Mrs. Gesell presented Chief Gesell with his badge. Mayor Marx presented a proclamation to Dave Congalton in recognition of his many years in radio broadcasting. PUBLIC COMMENT Melissa Peters, Tobacco Control Program, announced that there is a new no- smoking policy in the local Housing Authority communities. Ken Herrmann, San Luis Obispo, spoke about his concerns regarding the implementation of Smart Meters. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding an incident at Farmer's Market. Dr. Will Powers, San Luis Obispo, spoke about his concerns regarding the intersection at Los Osos Valley Road and Froom Ranch Road. City Council Meeting Tuesday, January 17, 2012 CONSENT AGENDA Council Comments: Page 4 Mayor Marx stated for the record that she lives beyond the 500 foot requirement to vote on item C2. Public Comment: Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding Item C2 and traffic safety issues on Sacramento Drive. C1. MINUTES. ACTION: Moved by Ashbaugh /Smith to waive oral reading and approve as presented; motion carried 5:0. C2. CREEL(). ACTION: Moved by Ashbaugh /Smith to adopt Resolution No. 10325 (2012 Series): 1) Accepting the public improvements for the Orcutt Road frontage of Tract 2707; 2) Accepting a majority of the public improvements for Sacramento Drive of Tract 2707; 3) Releasing the securities for Orcutt Road and Sacramento Drive, and collecting a new security to guarantee completion of the remaining public improvements for Sacramento Drive; and 4) Authorizing the Director of Public Works to accept the remaining Sacramento Drive public improvements and to release the remaining Sacramento Drive security once completed; motion carried 5:0. C3. HERITAGE TREE DESIGNATION. ACTION: Moved by Ashbaugh /Smith, as recommended by the Tree Committee, to designate one tree in the City's Exposition /Meadow Park as a Heritage Tree; motion carried 5:0. C4. MID - HIGUERA BYPASS, SPECIFICATION NO. 90649 — PRELIMINARY ACTION: Moved by Ashbaugh /Smith to appropriate $100,000 from the Flood Control and Water Conservation District Zone 9 County Advisory Board program to fund Preliminary Design Services for Mid - Higuera Bypass project, Specification No. 90649; motion carried 5:0. City Council Meeting Page 5 Tuesday, January 17, 2012 C5. ADOPTION OF AN ORDINANCE REZONING PROPERTIES AT 1231 -1233 GARDEN STREET, 734 -740 PACIFIC STREET, AND 1234 BROAD STREE FROM THE OFFICE (0) TO DOWNTOWN- COMMERCIAL (C -D) ZONE. ACTION: Moved by Ashbaugh /Smith to adopt Ordinance No.. 1572 (2012 Series) amending Title 17 of the San Luis Obispo Municipal Code; motion carried 5:0. C6. ADOPTI DATE CHANGE. Council discussion ensued during which Council Member Smith and Mayor Marx spoke in opposition to staffs recommendation. ACTION: Moved by Carter /Ashbaugh to adopt Ordinance No. 1573 (2012 Series) amending Chapter 2.04 of the San Luis Obispo Municipal Code to change regular Council meeting dates to the first three Tuesdays of the month; motion carried 3:2, Marx and Smith opposed. PUBLIC HEARINGS — BUSINESS ITEMS PI-12.--APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL APPLICATION AT 539 CERRO ROMAULDO. Council Member Ashbaugh, Vice Mayor Carpenter and Mayor Marx disclosed ex parte communications with the appellant Mary Parker. Director of Public Works Walter introduced this item, following which City Engineer Lynch and City Arborist Combs presented the agenda report and responded to Council questions. Mayor Marx opened the public hearing. Mary Parker. Appelant, spoke in opposition to staffs recommendation. Chuck Crotser, San Luis Obispo, spoke in support of Ms. Parker's appeal. Sandy Ahearn, San Luis Obispo, spoke in support of Ms. Parker's appeal. Mayor Marx closed the public hearing. ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10326 (2012 Series) approving the appeal to allow the removal of two palm trees at 539 Cerro Romauldo, as amended; motion carried 5:0. City Council Meeting Tuesday, January 17, 2012 Page 6 PI-13. APPEAL OF PLANNING COMMISSION DECISION WHICH UPHELD THE ADMINISTRATIVE HEARING OFFICER'S DECISION TO REVOKE THE HOME OCCUPATION FOR PIANO LESSONS AT 1247 VISTA DEL LAGO (R -1 -PD ZONE). Community Development Director Johnson introduced this item, following which Associate Planner Leveille presented the agenda report Mayor Marx opened the public hearing. John F., Appelants representitive, spoke in support of Ms. Marcus' appeal to the City Council. Deborah Marcus, Apgelant, spoke in support of her appeal and requested that Council deny the Planning Commission's decision. Jay Chester, San Luis Obispo, spoke about his concerns regarding the appeal submitted by Ms. Marcus. Suzanne Heitzman, San Luis Obispo, spoke in support of staff's recommendation. Colleen Wiest, spoke in support of Ms. Marcus. Ms. Wiest also read a written statement, which is on file with original agenda packet. Cynthia Steele, San Luis Obispo, spoke in support of Ms. Marcus. Joseph Pilloud, San Luis Obispo, stated that he would like there to be resolution between the neighbors. Mayor Marx closed the public hearing. ACTION: Moved by Marx/Carter to adopt Resolution No. 10327 (2012 Series) denying the appeal and revoke the Home Occupation Permit for piano lessons at 1247 Vista del Lago. In addition, Council added that the business was allowed to continue through April 31, 2012, provided the Grand piano is not played and the upright piano must be moved out of the main living room area; motion carried 5:0. Council recessed at 9:20 p.m. and reconvened at 9:30 p.m. with all members present. B4. SOUTHWOOD SEWERLINE REPLACEMENT, SPECIFICATION NO. 91145. Utilities Director Mattingly introduced this item, following which Utilities Project Manager Metz presented the agenda report. Public Comments City Council Meeting Page 7 Tuesday, January 17, 2012 There was no public comment. —end of public comments - -- ACTION: Moved by Carpenter /Smith to: 1) Authorize a total project budget of $193,200 for Southwood Sewerline Replacement project, Specification Number 91145; and 2) Adopt Resolution No. 10328 (2012 Series) suspending bidding requirements for the Southwood Sewerline Replacement project due to serious structural deficiencies at a creek crossing and authorizing the City Manager to execute a contract for project construction if the lowest responsible estimate is within the Engineer's Estimate of $100,000; motion carried 5:0. PH5. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT. Utilities Director Mattingly introduced this item, following which Wastewater Division Manager Hix, Environmental Programs Manager Floyd, Water Reclamation Facility Supervisor Brewen, and Utilities Conservation Manager Munds presented the agenda report and responded to questions. Mayor Marx opened the public hearing. There is no public comment. Mayor Marx closed the public hearing. ACTION: Moved by Ashbaugh /Carter to: 1) Conduct a public hearing to consider a resolution authorizing the City to enter into an agreement to participate in Pacific Gas & Electric Company's Sustainable Solutions Turnkey Program; 2) Adopt Resolution No. 10329 (2012 Series) authorizing the City Manager to enter into a service agreement for Energy Efficiency and Renewable Energy Upgrades at the Water Reclamation Facility pursuant to Government Code 4217; 3) Authorize the City Manager to execute a Work Order, upon approval of the City Attorney as to form, to implement the Investment Grade Analysis with the Work Order amount not to exceed $400,000; and 4) Approve the deferral or elimination of identified Water Reclamation Facility capital improvement projects and the use of up to $400,000 of previously appropriated sewer fund capital funds to proceed with the Phase 3, 50% design; motion carried 5:0. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Ashbaugh reported on his attendance at a meeting in Avila Beach regarding the de- designation of San Luis Obispo Creek, the IWMA and the Mayor's Quarterly meeting. Mr. Ashbaugh announced that the 60th Anniversary of City Hall will be in May. Council Member Carter reported on his attendance at the SLOCOG and SLORTA meetings. City Council Meeting Tuesday, January 17, 2012 Page 8 Mayor Marx announced that on February 6th Cal Poly will hold a Diversity Colloquium. Ms. Marx also reported her attendance at the Avila Beach meeting that Mr. Ashbaugh mentioned, the Promotion Ceremony at the Fire House, Mayor's Meeting, AAUW, MTC, PAC Commission, Mayor's Quarterly, City Selection Committee, and Channel Counties meetings. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:33 p.m. Elaina Cano, CMC City Clerk b2 /o,7 APPROVED BY COUNCIL: 12 L ATTACHMENT To: San Luis Obispo City Council From: Jan Marx, Mayor Re: Item B -1 (LUCE Update) Date: January 17, 2012 The following are my thoughts regarding the LUCE Task Force and process., Council has repeatedly stated that the process is to be resident- centered. Making it so, starting tonight, will allow the LUCE Update to be truly owned and affirmed by residents. It also will allow the process to proceed in an orderly, timely manner. A. Land Use and Circulation Elements Update Task Force 1. It should be called the Land Use and Circulation Elements (LUCE) Task Force. (Using a different title is confusing). 2. The Task Force should consist of residents of the City of San Luis Obispo in all categories. If a given stakeholder group does not have any city residents willing to serve, then it can just submit comments and testify. 3. Members should also be volunteers, not paid advocates. Selection should reflect geographical distribution of residents, living throughout the city. 4. All residents should receive information about how to participate at the very beginning of the process, possibly as a hand out in the utility bills. 5. Selection of members should not be delegated to organizations, but should be done by council. Council should take open applications, like the advisory body applications, including resumes. 6. It should have equal representation from the environment, neighborhood and business communities. It should be chaired by a Planning Commissioner. 7. There is no reason to limit membership to 13. The City Manager's Economic Sustainability group had nearly 30 people on it and worked well. Other cities have varying numbers of participants. 8. In any category, overlapping experience- -such as in land use and planning, the law, advisory groups, local history, real estate, social services, education, the economy, technology, natural resources, conservation, healthy communities, agriculture, transportation, recreation, the arts or non -profit organizations and other relevant expertise — should be considered a "plus" in selection of members. It is not needed to have a person representing Cal Poly (a state agency), or any other state agency on the Task Force, but a resident who works at a state agency could have special insight which could be useful. 9. Subcommittees of like expertise could caucus and do outreach at their discretion, and then present comments to whole task force. . . 10. The task force should proceed by vote (recorded) not by forced consensus, with minority reports possible, if need be. Conflicting points of view from various interest groups need to be surfaced, not buried, so that Council has comprehensive information before it when making the final decisions. B. Land Use and Circulation Elements Update Process. 1. This is a focused update. We do not need to fix what is not broken. The update needs to address actual problems. Many of the factors making our city the happiest in North America are incorporated in our present LUE. It serves our city well by protecting our quality of life and fiscal sustainability. 2. The process should begin with workshops in the neighborhoods, occurring during the same time that the new questionnaire is in the hands of residents. It should be in writing and should be based on the 1988 questionnaire, with additional updated questions if need be. Workshops and questionnaires input should take place before the LUCE Taskforce is formed or meets. 3. Council members should read the elements and give input to staff regarding what does and does not need changing. Staff should identify what language it thinks needs to be updated, with documentation of said need. 4. Review of the Elements should be recognizably based on the present document, keeping the same numbering whenever possible. It should proceed in an orderly, section by section, line by line, basis, so that everyone is given adequate notice of exactly what language will be considered and when. Everyone needs to know at every stage exactly what language is being proposed for deletion (strike out), or addition (underlined), and by whom. 5. Once the decisions about any proposed language changes in a given section are made by Council, there should be no going back and reconsidering said changes. 6. Definitions of terms should be consistent with the present LUCE and any proposed changes should be treated as any other proposed language changes in public hearings. L