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HomeMy WebLinkAbout03/05/2013minutes ' city of san luis oBispo SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, March 5, 2013 Special Meeting — 5:30 P.M. Regular Meeting — 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Police Chief Steve Gesell, and Maeve Kennedy Grimes, City Clerk. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9; SLO Homeless Alliance v City of San Luis Obispo; San Luis Obispo County Superior Court Case No. CV120204 PUBLIC COMMENT ON CLOSED SESSION ITEMS: City Attorney Dietrick called for public comments. None were heard and the Council recessed to the Closed Session. Closed Session adjourned to the Regular Meeting at 6:00 PM. ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or 1— responded to questions as indicated in the minutes. city council meetmG minutes Tuesday, March 5, 2013 Page 2 PLEDGE OF ALLEGIANCE 1 Council Member Ashbaugh led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick stated there was reportable action on the Closed Session item as follows: ACTION: Motion by Vice Mayor Smith / Council Member Ashbaugh not to appeal the judgment awarding attorney fees in the SLO Homeless Alliance v City of San Luis Obispo (San Luis Obispo County Superior Court Case No. CV120204). Roll Call Vote: 3 -1 (Council Member Carpenter opposed) Motion Carried. ACTION: Motion by Vice Mayor Smith / Council Member Ashbaugh to authorize the City Managers to appropriate funds from undesignated reserves and to pay the amount of judgment and interest due in the SLO Homeless Alliance v City of San Luis Obispo (San Luis Obispo County Superior Court Case No. CV120204). Roll Call Vote: 3 -1 (Council Member Carpenter opposed) Motion Carried. PUBLIC COMMENT Donald Hedrick, San Luis Obispo. Spoke in regard to homelessness. Sharon Whitney, San Luis Obispo. Spoke in regard to high occupancy residences. Will Powers, San Luis Obispo. Read a list regarding activities of the City Council. Steve Barasch, San Luis Obispo. Asked questions regarding budget expenses and Measure Y related issues. City Manager Lichtiq and Interim Finance Director Padilla responded. —end of public comments- 1 city council meetinq minutes Tuesday, March 5, 2013 ICONSENT CALENDAR Public Comments On Items On The Consent Calendar No one spoke at this time. —end of public comments— Page 3 Vice Mayor Smith pointed out that on the February 5, 2013 Minutes she wished to have the Minutes amended to reflect that she presided over the Proclamation and Presentation prior to the Mayor's arrival. ACTION: Motion by Council Member Ashbaugh / Council Member Carpenter to approve the Consent Calendar Items C1 as amended and C2. Roll Call-Vote: 4 - 0 Motion Carried, C1. MINUTES"OF TUESDAY, FEBRUARY 5, 2013; FEBRUARY 19,2013; AND WEDNESDAY FEBRUARY 20, 2013. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented (with amendment). ACTION: Approved by Consent Calendar Vote. C2. FY 2013 -.14 CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 14" GRANT APPLICATION. (GESELUELLSWORTH) RECOMMENDATION: 1) Approve the submittal of a grant application to the California Office of Traffic Safety (OTS) for an Avoid the 14 grant in an amount not to exceed $160,000. 2) If a grant is awarded, authorize the City Manager to execute the necessary grant documents. ACTION: Approved by Consent Calendar Vote. city counclL meetlnq minutes Tuesday, March 5, 2013 BUSINESS ITEMS Page 4 1131. REINTRODUCE THE SOUTH BROAD STREET AREA PLAN. (JOHNSON /DAVID — 60 MINUTES) Community Development Director Johnson, Associate Planner David and Deputy Director of Community Development Murry presented the report and responded to Council questions. Public Comments John Boitel, San Luis Obispo. Appreciates the objectives of the South Broad Street Area Plan to improve transportation safety and enhance Broad Street's appearance as a gateway to downtown; in addition he expressed his gratitude for the time and efforts of staff and volunteers who have worked to improve the City through good planning. However, proposed elimination of over 30% of the M Zone parcels within the City sends a message that small family owned businesses are not welcome as part of the mixed use neighborhood. This organic mixed use area has worked well for over 30 years. Please leave the M Zone as it is. Paul Allen, SanLuis Obispo. Expressed his opposition to the changes set forth in the plan; McMillan Avenue stands alone and should be removed from the rezoning plan, as set forth in option 3. McMillan is successful and is an asset to the City. Steve Devencenzi. Planning Director for SLOCOG. Spoke in support of including this plan for future review. Hardie Phillip, San Luis Obispo. Loves this City and owns a business on McMillan Avenue. He supports the removal of McMillan Avenue are from rezoning plan. Supports option 3. McMilan Avenue is a special place; we take care of one another; I don't want to move. Russ Kimmell, San Luis Obispo. Owns a business at the Comer of Francis and Victoria. He supports changes to Broad Street, but has an issue with Victoria. His property would be downgraded to a CR zone which would be difficult. Mixed use can work within M Zone, don't change the M Zone. Appreciates the work that has been done, but-feels the Council should support option 4 — Strip Area Plan down to South Broad Street improvements only. 1 John Caruana, San Luis Obispo. Owner of business on Francis Street for 25 years.. The neighbors on Francis Street get along together and work to take care of each other.. He has 11 employees; 9 of which are head of household jobs. We co -exist on our street. Please support option 4. 1 city council. meetine, minutes Page 5 Tuesday, March 5, 2013 David Brodie, San Luis Obispo. When there is retail development outside of downtown, ' the downtown suffers. If approved, this will impact the rest of the City and will become urban sprawl. Ernest Barncastle, San Luis Obispo. They rent their business on Broad Street, Taylor Rental. As a propane distributor, zoning changes may impact his business. Moving out to the airport will only increase mileage, for employees as well as customers. Feels this is a big overreach. Supports option 4. Robert Newby, San Luis Obispo. Victoria Street should not be considered a second main street for San Luis Obispo. Owns several businesses on Broad Street. He received a notice of a meeting 2 days after the meeting occurred. He is concerned about the development of Broad Street; turning left across Broad to a business is nearly impossible. Scott Smith, San Luis Obispo Housing Authority. Pleased with the concept of mixed use and high density within the plan. Would appreciate a pedestrian bridge over the railroad tracks and pedestrian path along the tracks. Concerned with how the costs will be distributed; hopes they dont impact new development costs 100 %. Terry Bove r. Owns two pieces of property on McMillan; has been there for 44 years. McMillan is a successful community; it would be a shame to mess it up. Don't disturb the area; we all get along and take care of one another. He shouldn't have to apply for a permit to continue the business he has been operating. Alex Mever. He spoke on behalf of workers in the manufacturing businesses in the City. Downzoning will negatively impact the area and cost local jobs. Cal Poly's Learn by Doing program would be impacted as well. Our local jobs provide other local jobs in the City. Carl Lea, San Luis Obispo. There is incredible diversity in the existing neighborhood; he has owned property on Victoria Street for over thirty years; there have never been conflicts. Has It is currently mixed use, but changing his zoning would negatively impact his business and the existing diversity. Allan Cooper, San Luis Obispo. Speaking on behalf of Save our Downtown; supports more development and affordable housing. Supports options 1 and 4. Opposes Urban sprawl and doesn't see the need for a second downtown. Elizabeth Thvne, San Luis Obispo. Pedestrian safety is important and pedestrian crossings should be addressed. We don't need a second main street. Concentrate on Broad Street and leave McMillan alone. Ted Engdahl, Santa Margarita. Works in the area and supports manufacturing. Don't change the manufacturing zone. 1 Paul Torba, San Luis Obispo. Oppose the changes to the manufacturing zone. city council mcctinq minutes Page 6 Tuesday, March 5, 2013 Ken Fontes, Arroyo Grande. Works on McMillan in reptile care products. We are a clean and green company; altough we would be grandfathered in, however, things may change. The proposed extension of road would affect our business model and plan. Supports option 4 Ray Crosro. Owns a property next to the trash company. Manufacturers need to be protected; the cost to relocate would be high. Michael Draze, San Luis Obispo. Speaking as Chairman of the Planning Commission. Victoria Avenue needs to go through; this is a long term project. Broad Street is unacceptable for the City of San Luis Obispo. The wider the lanes, the faster the traffic moves; by reducing 12 feet lane widths to 10 feet it will assist parking and pedestrians. Paul Brown, San Luis Obispo. The six month window is too short a window of time for manufacturers to retool their equipment, or adapt their business to a new contract. Shawn McNabb, San Luis Obispo. Worked on the focus group and supports the plan. Don Hedrick, San Luis Obispo. We need enclaves of diversity to be left alone. Hold back and see what the future brings. Steve Hicks, San Luis Obispo. Slow down Broad Street; don't drive out manufacturing; encourage more mixed use. Choose option 4. Eric Mever, San Luis Obispo. Speaking as an individual this evening. These manufacturing businesses have been walking the walk that we have been talking about. Wants the Council to be careful with what they are doing so we are sure to help these people and businesses. - - -end of public comments - -- The Council recessed from 8:23 — 8:38 pm. Mayor Marx read the new recommendation: To include the South Broad Street Area Plan for review as part of the preferred growth alternative of the Land Use and Circulation Element update. Deputy Director of Community Development Murry responded to issues raised during public comment. Mayor Marx brought the matter back to Council for a discussion of their outlooks regarding this item. Vice Mayor Smith stated that she did not want this to go forward to the Land Use and Circulation Element update without greater consideration. 1 city council meetinc, minutes Page 7 Tuesday, March 5, 2013 Council Member Carpenter likes to see the eclectic nature of the neighborhoods and would like to move ahead with option 4. Council Member Ashbaugh stated that lane re- configuration and parking on Broad Street would be worthwhile. Mayor Marx stated that the neighborhood is great the way it is; we need more housing; and people need basic services within the area. She stated that she was in favor of option 1 and 2, if we have option 1 we wouldn't need option 3. Motion by Council Member Ashbauqh / Mayor Manx to include the South Broad Street Area Plan for review as part of the Land Use and Circulation Element update. Encompassing Option 1 Overlay for special South Broad M -zone, prohibiting certain uses; and Option 2, extending window to 1 year, along with Option 3 Remove McMillan Avenue area from rezoning plan. Council Member Ashbaugh withdrew his motion and then reinstated his motion. Roll Call Vote: 2 - 2 (Council Member Carpenter and Vice Mayor Smith opposed) Motion failed. Community Development Director Johnson proposed changes to the Resolution for discussion. 1 ACTION: Motion by Vice Mayor Smith / Council Member Ashbaugh to continue this item until March 19, 2013 so that staff can bring forward proposed changes to the Resolution and provide an opportunity for Council and public review. Roll Call Vote: 3 -1 (Council Member Carpenter opposed) Motion passed. B2. TEMPORARY COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2013. (MARX/KENNEDY GRIMES — 10 MINUTES) Mayor Marx presented the report and responded to Council questions. No one spoke at this time, Public Comments ---end of public comments -- ACTION: Motion by Council Member Carpenter / Council Member Ashbaugh to approve temporary Council Liaison Subcommittee Assignments to fill the ' vacant assignments left by Council Member Carter's resignation. Roll Call Vote: 4-0 Motion Carried. city council. msstinc, minutes Page 8 Tuesday, March 5, 2013 133. UPDATE OF THE CITY'S FLAG POLICY. (CODRON — 30 MINUTES) Assistant City Manager Codron, presented the report, set forth a few minor changes to the policy wording and responded to Council questions. Public Comments Don Hedrick, San Luis Obispo, expressed comments on the policy. --end of public comments— ACTION: Motion by Council Member Ashbaugh / Council Member Carpenter to approve an updated flag policy and direct the City Manager to implement the approved changes. Council Member Carpenter stated that we are American's first and residents of the City of San Luis Obispo second, and amended the motion to include all three flags when the Mayor makes the decision regarding a prominent citizen. Council Member Ashbaugh accepted the friendly amendment. Roll Call Vote: 3 —1 (Vice Mayor Smith opposed) Motion Carried. t Vice Mayor Smith stated that her opposition was due to the fact the public was not included in the development of the policy. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Vice Mayor Smith, Mayor Marx and Council Member Ashbaugh distributed written reports. Vice Mayor Smith brought up the issue of an earlier start time for the June 10th, 11th and 12 meetings at 5:00 pm rather than 6:00 pm. Consensus was reached that the meetings would begin at 5:00 pm and the Council will take a twenty minute break around 7:00 pm. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:00 p.m. Madive Kerdody Gri City Clerk 1 APPROVED BY COUNCIL: 03/19/13