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HomeMy WebLinkAbout07/17/2012MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 17, 2012 6:00 P.M. SPECIAL MEETING 7:00 P.M. REGULAR COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 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 Sheryll Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION City Attorney Dietrick announced the following Closed Session Topic: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Rick Bolanos, Monica Irons, Greg Zocher Employee Organizations: San Luis Obispo Police Officers' Association (POA) PUBLIC COMMENT ON CLOSED SESSION ITEM: Mayor Marx called for public comments. None were heard and the Council recessed to the Closed Session. Closed Session adjourned at 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter, and Mayor Jan Marx City Council Meeting Minutes Page 2 July 17, 2012 City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder; Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE The Pledge was provided by Council Member Smith. CLOSED SESSION REPORT City Attorney Dietrick announced that there were no reportable actions from the Closed Session item. PUBLIC COMMENT ITEMS NOT ON THE AGENDA Barbara Walker spoke on homelessness issues. Jeanne Orosco spoke on homelessness. Don Hedrick, San Luis Obispo, spoke about homelessness. Jim Griffin encouraged Council to call together all the stakeholders to discuss solutions together. Steve Barasch spoke about lack of maintenance of city property and creek maintenance. CONSENT AGENDA PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS: Jody Frey, San Luis Obispo, commented on Item C4, questioned the parking at Prado Day Center. Donald Hedrick, San Luis Obispo, spoke about the proposed Resolution under Item C4. —end of public comments --- City Council Meeting Minutes July 17, 2012 Page 3 Council Member Smith requested Item C4 be pulled for separate action. ACTION: Council Members Carter / Ashbaugh moved to approve the Consent Calendar, Items C1 through C 3. Roll Call Vote: 5 -0. Motion Carried. C1. 2012 WATER RESOURCES STATUS REPORT. RECOMMENDATION: Receive and file the 2012 Water Resources Status Report. C2. RECOMMENDATION: 1) Approve the request for proposals (RFP) for professional engineering services for the design of SCADA System Upgrade Project, Specification #91062, and authorize it's issuance, and; 2) Authorize the City Manager to award a contract if the selected proposal is within the approved budget of $400,000. C3. APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 3039, 730 FOOTHILL BOULEVARD (TR 108 -07). RECOMMENDATION: 1) Adopt Resolution No. 10383 (2012 Series) approving the Final i Map for Tract 3039, 730 Foothill Boulevard; and 2) Adopt Resolution No. 10384 (2012 Series) accepting the public improvements and certifying completion of the required private subdivision improvements for Tract 3039, 730 Foothill Boulevard. C4. RESOLUTION OF TH 9.18 FOR A PORTION OF 43 PRADO ROAD. RECOMMENDATION: 1) Adopt Resolution No. 10385 (2012 Series) suspending enforcement of the requirements of San Luis Obispo Municipal Code Section 9.18 for a portion of 43 Prado Road. Council Member Smith mentioned it would be January 2013 before the Council assessed the safe parking pilot program, she suggested the time be trimmed to three months so that the City could begin establishing other safe parking programs in a speedier fashion. It was decided to consider direction to staff under Council Comments. ACTION: Council Members Ashbaugh /Carter moved to approve the Consent Calendar, Item C4. Roll Call Vote: 5 -0. Motion Carried. 1 City Council Meeting Minutes Page 4 July 17, 2012 PUBLIC HEARINGS AND BUSINESS ITEMS PH1. SECOND READING OF ORDINANCE NO. 1582 AUTHORIZING AN AMENDMENT TO THE CONTRACT. BETWEEN THE CITY OF SAN LUIS OBISPO AND . THE BOARD OF ADMINISTRATION OF THE CALIFORNIA (DIFFERENT LEVEL OF BENEFITS). SECTION 21363.1 (3% 0 55 FULL MEMB Human Resources Director Irons and Human Resources Manager Zocher presented the report and responded to Council questions. Mayor Marx opened the public hearing. Jody Frey, San Luis Obispo, said she was not sure there were fair negotiations with the fire fighters. Hearing no further testimony, Mayor Marx closed the public hearing. ACTION: Moved by Council Members Carter /Ashbaugh to: adopt Ordinance No. 1582 (2012 Series) authorizing an amendment to the contract between the City Council of the City of San Luis Obispo and the Board of Administration of the California Public Employees' Retirement System (CaIPERS). Roll Call Vote: 3 -2, Vice Mayor Carpenter and Council Member Smith opposed. Motion Carried. PI-12. AMENDMENTS TO THE PUBLIC FACILITIES MARGARITA AREA SPECIFIC PLAN (SPA .53 -1 Council Member Smith recused herself stating she lived within 500 feet of the area would have a conflict of interest. At this point, she left the dais. Community Development Director Johnson and Senior Planner Dunsmore presented the report and responded to Council questions. Council Member Ashbaugh asked why the Council could not get the track map back sooner than October. Community Services Director Johnson said staff was continuing to negotiate with the developer and anticipated completion of the agreement by October. Mayor Marx asked about implications for rest of developments coming into the Margarita area. Senior Planner Dunsmore said it was a fee reduction for the amount of impact fees to be paid for each residential unit to be developed in the entire Margarita area in future. City Council Meeting Minutes Page 5 July 17, 2012 Mayor Marx opened the public hearing. Donald Hedrick, San Luis Obispo, urged Council to not lower the fees but to use them for maintainance of creeks. Aaryn Abbott spoke in favor of the proposed amendment and urged Council to review their current fees. Mayor Marx closed the public hearing after the testimony. ACTION: Moved by Council Members Carter /Ashbaugh to: as recommended by the Planning Commission: 1) Adopt Resolution No. 10386 (2012 Series) amending Chapter 9 of the Margarita Area Specific Plan to address parks financing; and, 2) Adopt Resolution No. 10387 (2012 Series) amending the development impact fees for the Margarita Area Specific Plan. Roll Call Vote: 4 -0. Council Member Smith recused. Motion Carried. PH3. CONSIDERATION OF THE DRAFT CLIMATE ACTION PLAN. Community Development Director Johnson and Associate Planner David presented the report and responded to Council questions. I Mayor Marx asked if the bio solid recycling program was still in existance and Associate Planner David said it was still and would be recognized in the plan. Mayor Marx opened the public hearing. Don Hedrick, San Luis Obispo, spoke against support of the Climate Action Plan. Richard Kramzdorf , San Luis Obispo, spoke in support of the plan. Jody Frey, San Luis Obispo, spoke about cutting trees and chemicals that effect the environment. Andrew Cristie, Sierra Club, made suggestions on portion of the report and implementation timelines. Steve Barach, San Luis Obispo, felt the report had nothing about economic impact to the public to implement. He suggested a fiscal analysis be prepared first. Courtney Kienow, Representing the SLO Chamber of Commerce, thanked staff for community input process. She encouraged the City to provide a financial impact analysis on businesses and citizens. Scott Mann, energy upgrade specialist, supported staff recommendations. City Council Meeting Minutes July 17, 2012 Page 6 Kevin Rice, San Luis Obispo, stated he felt the costs could be excessive and that the proposal was over - reaching. He added that he felt the negative declaration was wishful and that staff time was underestimated. Mayor Marx closed the public hearing after the testimony. At 9:00 PM, Council recessed until 9:13 PM, at which time all returned to the dias. Council Member Carter said he did not think a cost benefit analysis had taken place, and before implementation one should be done, also the communities cost and benefits. Mayor Marx said that when land use and circulation elements are brought forward, they will require an economic analysis. She added that future costs were impossible to estimate. She felt this was a policy statement. Council Member Ashbaugh. informed that the plan had changed due to public input and he did not wish to delay further. He asked about a cost estimate that required new commercial development parking places to be wired for charging stations. Community Development Director Johnson responded that there was no estimate at this time, that staff could provide follow up information. Council Member Ashbaugh spoke about the removed section that called for a jobs /housing balance, which was in the Planning Commission version. Associate Planner David noted it was included in the Planning Commission draft, Planning Commission members felt that this document was not the place to discuss that. He said that the wording of the strategy did not change, there was still wording to that effect in the document. Council Member Smith asked if Council could place a condition on any one issue that could come back with financial analysis. Community Development Director Johnson answered that a lot of the document would not be implemented immediately; parts would come back in other programs. He added that if it was the desire of Council, when any of the individual issues came before Council, a fiscal analysis could be added. Council Member Carter said it should be put in document that a fiscal analysis would be done. Vice Mayor Carpenter mentioned it was good fiscal management to do analysis and that potential savings would also show up in analysis. City Council Meeting Minutes Page 7 July 17, 2012 Community Development Director Johnson said staff had the tools to run program costs, what the impact to the private sector would be. He informed that typically staff did fiscal impacts as part of the staff report on Council items which were just related to City, it didn't extend to the private sector. He explained that staff wanted to be sensitive to not imposing costs on businesses or residential development. He suggested that on Page 13, "Finalizing the City's Reduction Strategies ", to add a sentence that where strategies had a potential to impose a cost on the community, a cost benefit analysis shall accompany implementation proposals. Council Member Ashbaugh asked if it could be conditioned on where it was feasible to do so. Community Development Director Johnson said that staff would show what the short and long term savings would be. In discussing transportation of solid waste, Council Member Ashbaugh and Mayor Marx added on page 41, WST 1.1.0 "Conduct a feasibility assessment study of relocating bio solid composting." Council Member Carter, speaking on Page 20, Item BLD 2.2, "Require new development to install energy - efficient appliances ", said most developers install energy- efficient appliances. Mayor Marx asked if there was grant possibilities for some of the implementations and Community Development Deputy Director Murry responded yes, there were grants for both the City and residents. The majority of Council requested Item TLU 8.1 "Improve a jobs /housing balance to reduce VMT from commuting" added back in on Page 33. Council Member Carter discussed TLU 2.1 and TLU 2.2 on Page 30. He suggested lower percentages and higher space requirements. Council Member Smith asked the definition of "near term" and Deputy Director Murry responded within the next five years. The majority Council agreed on 50 parking spaces on TLU 2.2 and 2.3. On page 36, Mayor Marx wished to add the following sentence to the end of the first paragraph, "The City's rate structure also encourages water conservation." On page 41, Mayor Marx wished to add WST 1.10 "The feasibility study of relocated composting of bio solids." J City Council Meeting Minutes Page 8 July 17, 2012 Mayor Marx felt Parks and Open Space needed their own sections. Page 43, Existing Actions, title it Parks, eliminate and Open Space and include more accurate and complete description of open space or greenbelt program of approximately 6,000 acres. Associate Planning David suggested adding to the existing Section "As of 2012, the City maintains a total of 6,765 acres of Open Space" and add to the introduction "Open space provides the biggest net benefits since carbon absorption in these areas is high while maintenance is low ". Continuing on page 44, Parks and Open Space Strategies, Mayor Marx wished to add a sentence to say "While parks and urban forest generate greenhouse gas emissions due to primarily maintenance activities, open space preservation results in 100% carbon absorption." Page 45, it was agreed to change 2.4 to "Expand donation program for open space preservation and maintenance." Page 46, PKS 4: Establish more Community Gardens, Mayor Marx suggested language "Establish more community gardens and put the Calle Joaquin Agricultural Reserve under cultivation." It was agreed the heading would be changed to "Foster Local Food Production ". Section 4.2 to read "Implement the Calle Joaquin Agricultural Reserve Master Plan." On Page 61, PKS 4, instead of establish more community gardens, Mayor Marx suggested it read to foster local food production and the indicator would be implementation of the Calle Joaquin Agricultural Reserve master plan ". Page 45, bottom of the page, Mayor Marx suggested it read "PKS 2: Parks Development and Open Space Preservation." ACTION: Moved by Council Members Ashbaugh /Carter to: As recommended by the Planning Commission, Adopt Resolution No. 10388 (2012 Series) as amended, to approve the Climate Action Plan and the associated Negative Declaration of Environmental Impact. Roll Call Vote: 5 -0. Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Vice Mayor Carpenter asked if it was possible for Council to bring the SLO Brew to a future Council meeting without going through the appeal process. City Attorney Dietrick answered that it would not be under current policy and would present due process issues with respect to the applicant. City Council Meeting Minutes July 17, 2012 Page 9 Vice Mayor Carpenter asked the schedule for the update to Council on the land use circulation element. Community Development Director Johnson responded that Council would receive a briefing in October and staff would set the schedule and milestones in the next couple of months. He said staff planned to bring to Council in early January with spring updates. Council Member Carter said he met with So. Cal Gas to discuss their advanced meter program. He discussed the potential issue of receiving facilities which would be 35 feet in air. Council Member Smith expressed a desire for an agenda item on the pilot safe parking program. Council Member Carter said he also wanted the discussion, since Council had been focused on the off street camping issue, he felt it was important that the issue be balanced with a "carrot" aspect, which could be an expanded program. Council Member Ashbaugh asked when the City would find out the results of the Rand McNally visit and City Manager Lichtig responded later that week. He added that he attended the Neighborhood Wellness update; he participated in the Mosaic Festival concert, the League of Cities meeting in Atascadero, and the California Arts Council. Mayor Marx reported attendance at the Regional Transportation Agency do analysis on present facility and possible expansion. She announced that August 3 and 4 there would be a garage and bake sale in Los Osos to benefit the Maxine Lewis homeless shelter. City Manager Lichtig asked for clarification or concurrence, if staff were to bring back an Rem that incorporated other issues, other than the safe parking issue, other issues related to homeless, to give Council a broader discussion. She added that staff was meeting on a regular basis. She felt it was an opportunity to share all the efforts that were being undertaken to try to address the issue of homelessness as well mitigating the impacts on the community. Council Member Smith said she didn't have a problem with that; she just did not want the issue to get lost in a mire of other kinds of ideas. Council Member Ashbaugh said discussion of broader issues was acceptable. He explained the homeless services center issue would be one Council would wrestle with and possibly open up again, saying that to him, that was a decision which the community voted and moved on, there was currently a contract with an architect. He supported a broader discussion. He felt other homeless advocates could be invited. ,'ce Mayor Carpenter asked about the additional meeting in August discussed by Council Member Ashbaugh and City Manager Lichtig noted staff would get back to Council. City Council Meeting Minutes July 17, 2012 Page 10 ADJOURNMENT There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10: 40 PM. Cify Clerk APPROVED BY COUNCIL: August 7, 2012 1