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HomeMy WebLinkAbout03/04/2014minutes ' city of san Luis oBispo SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, March 4, 2014 Special Meeting — 5:00 p.m. Regular Meeting — 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 4, 2014 at 5:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx ' Council Member Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, 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 requested a Closed Session to discuss the item listed on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation, Pursuant to Government Code § 54956.9 (d)(2) Consideration of legal issues arising out of location of'a public sewer lift station on private property APN 004- 511 -021 PUBLIC COMMENT ON CLOSED SESSION ITEM ' City Attorney Dietrick called for public comment. There was no one present desiring to speak and the Council recessed to the Closed Session. City Council Meeting Minutes — March 4, 2014 Page 2 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on 1 Tuesday, March 4, 2014 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. PLEDGE OF ALLEGIANCE Council Member Ashbaugh led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick advised that Council provided direction to staff and took no reportable action. PRESENTATION OF PROCLAMATION — THE MUSTANG WAY Mayor Marx presented a proclamation to Joi Sullivan, representing Cal Poly University Associated Students, Inc., recognizing, supporting and endorsing the principles of The Mustang Way. PUBLIC COMMENT Linda White, San Luis Obispo, expressed gratitude that the Council has ' determined to host a town hall meeting concerning the Cal Poly student housing project; urged that all agreements with Cal Poly be evaluated to determine whether the City would have leverage to oppose the project. Claudia Anderson, San Luis Obispo, voiced disappointment that Council is unwilling to evaluate the existing agreements with Cal Poly in an effort to oppose the student housing project; suggested that Council should prohibit bus stops in front of residences. Lacey Kenyon, San Luis Obispo Foam Free, urged Council to prohibit the use of polystyrene at restaurants and grocery stores; summarized the chemical properties of polystyrene, noting potential human health impacts. Sarah Bellum, representing the Surf Rider Foundation, voiced concerns regarding the decomposition of polystyrene and the impacts to oceans and beaches; urged Council to raise awareness and to support a ban on polystyrene in the County. Heidi Harmon, San Luis Obispo, voiced support for a ban on polystyrene products, noting that the City's Climate Action Plan calls for a reduction in waste. Aaron Kirby, San Luis Obispo, conveyed support for a ban on polystyrene; stated 1 that polystyrene is harmful to human health, noting that products are known to contain carcinogens. City Council Meeting Minutes — March 4, 2014 Page 3 Janine Rands, San Luis Obispo Foam Free, urged Council to support a ban on 1 polystyrene products; pointed out that other California cities have implemented bans on polystyrene products. Donald Hedrick, San Luis Obispo, spoke on the importance of addressing homelessness and providing appropriate shelter facilities; voiced concern on the loss of the City's view shed due to development projects. Victoria Carranza, San Luis Obispo, expressed support for a ban on polystyrene; noted that the State is unlikely to address the matter and urged Council to take action. Fred Anderson, San Luis Obispo, voiced concerns regarding the massing and axillary facilities for the Cal Poly student housing project; stated that the project will impact the quality of life for neighboring residents; noted that the Environmental Impact Report does not address traffic impacts to the Slack Street/Grand Avenue intersection. Will Powers, San Luis Obispo, spoke on the efforts taken by other cities to address homelessness; pointed out that the funds to construct and operate a homeless shelter could be utilized to purchase homes for the homeless. 1 LIAISON REPORTS Council liaison reports were received from Council Members Ashbaugh, Vice Mayor Christianson and Mayor Marx. COUNCIL COMMUNICATIONS Mayor Marx recused herself from deliberation on the Cal Poly student housing project because she owns property within 500' of the subject project; left the Chambers. Council directed staff to schedule a Town Hall meeting concerning the Cal Poly student housing project at the Grand Avenue entrance for March 25, 2014, from 6:00 -9:00 p.m., at the Ludwick Community Center. Mayor Marx returned to the dais. Council voiced concerns regarding public hearing postcard notices, pointing out that the notices should use verbiage that is easily understood. ' Council directed staff to agendize consideration of modifying noticing regulations, concerning projects that utilize on -site and off -site parking, during the next Zoning Regulation update. City Council Meeting Minutes — March 4, 2014 Page 4 Council directed staff to agendize consideration of prohibiting the use o_ f polystyrene products. ' CONSENT CALENDAR Don Hedrick, San Luis Obispo, suggested that the City withdraw funds from the stock market to provide low interest loans for investment in the community. Marshall Ochylski, speaking on behalf of Avila Ranch and San Luis Ranch, voiced support for staffs recommendation for Item C -6. Steve Barasch, San Luis Obispo, recommended that the City utilize a local investment firm to manage the City's portfolio; stated that the City lacks local investments. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C6, with the exception of Item C6 for further discussion. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 21, 2014, JANUARY 28, 2014, AND FEBRUARY 4, 201 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to waive oral reading and approve the City Council Meetings minutes of the January 14, 2014, January 28, 2014, and February 4, 2014, as amended. C3. APPROVE AGREEMENT WITH FINANCIAL ADVISOR MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve the agreement with Public Financial Management, Inc. to provide advice and analysis on short and long -term financial issues. 1 City Council Meeting Minutes — March 4, 2014 Page 5 C4. APPROVE EXTENSION TO AGREEMENT WITH CHANDLER ASSET MANAGEMENT MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to approve the extension to the existing agreement with Chandler Asset Management for Investment Advisor services until November 2014. C5. MARSH STREET PARKING GARAGE LIGHTING REPLACEMENT - SPECIFICATION NO. 91226 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve plans and specifications for "Marsh Street Parking Garage Lighting Replacement, Specification No. 91226." 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bidder is within the Engineer's Estimate of $104,000. 3. Approve the transfer of $15,000 from the project's construction ' management account to the construction account at the time of bid award. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION C6. 1 ENTAIL REVIEW UPDATE Following clarification, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCILMEMBER SMITH VOTING NO) to authorize the Community Development Director to increase the scope of work and execute a contract amendment in an amount not to exceed $80,000 under an existing agreement with Johnson Aviation in order to provide technical assistance during the update of the Land Use and Circulation Elements. City Council Meeting Minutes — March 4, 2014 Page 6 PUBLIC HEARINGS ' PH1. APPEAL OF TREE COMMITTEE DECISION TO ALLOW TREE REMOVAL AT 1570 PENNY LANE — RESOLUTION Council Members Ashbaugh, Carpenter, Smith, Vice Mayor Christianson, and Mayor Marc announced ex parte communications with representatives of the subject appeal. Public Works Director Grigsby, City Arborist Combs, and Tree Committee Chair Ritter narrated a PowerPoint presentation entitled "Appeal of the Tree Committee Decision 1570 Penny Lane" and responded to Council inquires. Mayor Marc opened the Public Hearing. Stephen Lamb, Appellant, voiced opposition to the removal of the subject trees, noting that they anchor the street and contribute to the character of the neighborhood; noted that a potential compromise has been reached between the property owner and neighborhood, provided that a single vehicle driveway is approved by the City. Shelli Winter, Applicant, narrated a PowerPoint presentation entitled "1570 Penny Lane" and explained the rationale for removing the subject trees; spoke on the difficulty of meeting the City's parking requirements due to the awkward shape of the lot and the slope of the property; requested that a stipulation be authorized that if a parking variance is not approved, that the trees can be removed. Will Powers, San Luis Obispo, voiced opposition to the removal of the subject trees noting that the property owners were aware of the trees at the time of purchase. Eric Meyer, San Luis Obispo, requested that the City waive any fees associated with processing the parking variance. There being no others desiring to speak on this item, the Public Hearing was closed. Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10501 (2014 Series) entitled "A resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Tree Committee decision to approve tree removal Requests At 1570 Penny Lane," as modified to state that the applicant may not remove the tree, except that if the applicant's application for a parking variance to ' mitigate the applicant's hardship resulting from the tree is not approved, the applicant shall be allowed without further action of Council to remove Tree No. 4 as identified in Attachment A of the Resolution. 1 1 City Council Meeting Minutes — March 4, 2014 RECESS Page 7 Council recessed at 7:50 p.m. and reconvened at 8:05 p.m., with all Council Members present. PH2. APPEAL OF TREE COMMITTEE DECISION TO DENY A TREE REMOVAL APPLICATION AT 590 MARSH STREET -- RESOLUTION Council Members Ashbaugh, Carpenter, Smith, Vice Mayor Christianson, and Mayor Manx announced ex parte communications with representatives of the subject appeal. Public Works Director Grigsby, City Arborist Combs, and Tree Committee Chair Ritter narrated a PowerPoint presentation entitled "Appeal of Tree Committee Decision 590 Marsh" and responded to Council inquires. Mayor Marx opened the Public Hearing. Jeff Edwards, Appellant, explained that he is currently in escrow to purchase the subject property; advised that a development project is proposed for the site and the subject tree should be removed due to potential impacts on the solar panel installation and the likelihood of damage to the tree during excavation. Bill Spiewak, Arborist representing the appellant, summarized his written report on the tree, noting that the tree would require pruning on an annual basis; advised that during excavation and sidewalk replacement there is significant risk concerning the stability of the tree and ongoing damage to the sidewalk due to roots. A hard copy of Mr. Spiewak's report is on file with the City Clerk. Craig Smith, Architect representing the appellant, spoke on the proposed mixed use project for the subject site; noted that a solar panel project is to be installed and that the tree shade .would interfere with the efficiency of the panels. Don Hedrick, San Luis Obispo, voiced opposition to the removal of the subject tree and to the proposed development project; stated that the project would negatively impact the viewshed. Will Powers, San Luis Obispo, voiced support for retaining the existing tree, pointing out that replacement trees would be significantly smaller. Michele Tasseff, San Luis Obispo, voiced opposition to the removal of the subject tree; stated that the property owner should trim the tree annually if ' necessary. There being no others desiring to speak on this item, the Public Hearing was closed. City Council Meeting Minutes — March 4, 2014 PH3. Page 8 Council discussion ensued relative to: 1) the likelihood that excavation would damage the tree and therefore ultimately requiring removal; and 2) ' whether the tree has achieved maturity and the type of trees that should replace ficus trees in the downtown. MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER SMITH, CARRIED 3 -2 (COUNCIL MEMBERS ASHBAUGH AND CARPENTER VOTING NO), to adopt Resolution No. 10502 (2014 Series ) entitled "A resolution of the City Council of the City of San Luis Obispo, California, denying an appeal to the Tree Committee decision to deny a tree removal request at 590 Marsh Street." - RESOLUTION Council Members Ashbaugh, Carpenter, Smith, Vice Mayor Christianson, and Mayor Marx announced ex parte communications with representatives of the subject. project. Community Development Director Johnson and Consulting Planner ' Watson, and Associate Planner Leveille narrated a PowerPoint presentation entitled 'Request to Initiate Amendments to the Orcutt Area Specific Plan" and responded to Council inquires. Mayor Marx opened the Public Hearing. Travis Fuentes, representing Ambient Communities, urged Council to approve the request for initiation of amendments to the Orcutt Area Specific Plan (GASP) and the adjustment to the Urban Reserve Line (URL); stated that the proposal would result in improved contouring and grading thereby having less impacts on the viewshed; spoke on the financial viability and potential impacts on the diversity of homes if the proposal is denied. Erik Justesen, RRM Design Group, pointed out that the Planning Commission supports the recommendation to consider amending the URL; noted that the recent survey of Righetti Hill provides more detailed information related to slope and supports reconsideration of the URL. John Harrington, San Luis Obispo, voiced opposition to amending the URL, stating that it will significantly impact the viewshed; opined that the prospective of the photos distort the potential impacts to the viewshed. City Council Meeting Minutes — March 4, 2014 Page 9 Julie Jones, San Luis Obispo, voiced support for the proposal, noting that ' there is a shortage of available single family homes in the area. Martin Indvik, San Luis Obispo, spoke in support of initiating amendments to the OASP and URL. Beverley Pratt, San Luis Obispo, conveyed support for the proposal; pointed out that the project has been modified to improve the street alignments and to reduce the need for large retaining walls. Jamie Lopes, San Luis Obispo, voiced opposition to initiating amendments to the URL; suggested that the ranch should be retained along Orcutt Road. Harry Corbett, San Luis Obispo, expressed opposition to amending the URL; voiced concerns regarding drainage and viewshed shed impacts; pointed out that the development would abut rural properties and that the URL on the eastern flank should not be adjusted. Neil Havlik, San Luis Obispo, voiced opposition to amending the URL; noted that the existing URL was established to ensure that developments did not dominate the appearance of Righetti Hill; spoke on the OASP and annexation process. Eric Meyer. San Luis Obispo, speaking as a private citizen, voiced concern that the URL has been adjusted over decades which causes further encroachment onto hills; noted that citizens support protecting hills, peaks, and greenbelts. Don Hedrick, San Luis Obispo, conveyed concerns regarding drainage and water flow controls during winter rains; noted that elevator wells recently flooded in a nearby development project; pointed out that the developer could adjust lot lines to fit the number of homes without adjusting the URL. Jeanne Helphenstine, representing Rigetti Ranch Owners, advised that the OASP represents thirteen property owners in the area; stated that it was understood that the URL was flexible as it is not a legal boundary line; urged Council to support initiation of OASP and URL amendments. John Evans. Cannon, stated that Mr. Havik expressed that there was flexibility in the URL when the annexation was processed; pointed out that there is space between the URL and open space easement, which demonstrates that the URL was meant to be considered for adjustment. t City Council Meeting Minutes — March 4, 2014 Page 10 Mike Cannon. Cannon, stated that the proposed URL amendments would be based on enhanced and more accurate information regarding slopes; spoke on the need for additional housing to help meet the demands for a local workforce. Byron Grant, Arroyo Grande, voiced support for amending the OASP and URL, asserting that staff stated that the URL is flexible; urged Council to support the recommendation of the Planning Commission. Charlene Rosales, San Luis Obispo Chamber of Commerce, spoke on the importance of achieving a workforce and housing balance; conveyed support for the Planning Commission's recommendation. David Gray, San Luis Obispo, voiced support for the proposed amendments, opining that the proposal follows the intent of the OASP. There being no others desiring to speak on this item, the Public Hearing was closed. RECESS Council recessed at 10:20 p.m. and reconvened at 10:28 p.m., with all Council Members present.. 1 During the course of discussion, individual Councilmember(s) expressed opinions concerning the proposal. The statements that follow do not necessarily reflect Council consensus: There are significant impacts to the viewshed regardless of whether the URL is adjusted. • The Council is not being asked to approve adjustments to the URL, but to consider initiation of adjustments. • The current URL is based on 5 -foot contouring lines but advanced information allows for 2 -foot contouring lines. The proposal has found methods of reducing the size of retaining walls and it should be explored. • There is concern regarding adjusting the URL on the northeasterly side of the property along Orcutt Road. • It is not uncommon to amend specific plan. • 60% of the property will remain open space and the additional housing stock is a positive. There are competing forces for environmental, housing, and economic development and the Council needs to be flexible in its evaluation. • The General Plan and associated plans should be upheld and now is ' not the time to consider amending the URL. The URL is a constraint and the developer should work within it. City Council Meeting Minutes — March 4, 2014 Page 11 MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER SMITH, CARRIED 4 -1 (MAYOR MARX VOTING NO), to adopt Resolution No. 10503 (2014 Series) entitled "A resolution of the City Council of the City of San Luis Obispo, California, authorizing initiation of specific plan amendments to the Orcutt Area Speck Plan for the Righetti Ranch Project (SPA 95-13) including evaluation and further consideration of adjustment of the Urban Reserve Line (URL) and Fezeninq—ef to SiFigle Family Residential (R 1 " as amended. Mayor Marx noted for the record that she support the proposal but does not support amending the URL. BUSINESS ITEMS B1. APPROVAL OF FINAL DESIGN AND AUTHORIZATION TO CONCLUDE LEASE NEGOTIATIONS FOR THE GARDEN STREET TERRACES PROJECT - RESOLUTION Council Member Carpenter recused himself from deliberation on the Garden Street Terraces project because he owns property within 500' of the subject project; left the Chambers at 11:09 p.m. Assistant City Manager Codron, Community Development Director Johnson, Senior Planner Ricci, and Economic Development Manager Johnson narrated a PowerPoint presentation entitled "Garden Street Terraces Project Design and Agreement" and responded to Council inquires. Hamish Marshall, representing the Applicant, summarized the Garden Street Terraces project, noting that all new construction is confined to the existing parking lot areas and the historic buildings will be retained with facade improvements; explained that hotel parking will be valet only; advised that the rooftop deck will be open to the public. Don Hedrick, San Luis Obispo, opined that this item should have been considered earlier on the agenda; voiced opposition to the project, opining that it will impact the viewshed.. Richard Stephens, San Luis Obispo, suggested that restrictions be implemented to ensure valet parking does not utilize on- street parking spaces and that condos be prevented from future conversion to additional hotel rooms; stated that nearby properties were not noticed of this tmeeting. City Council Meeting Minutes — March 4, 2014 Page 12 Charlene Rosales, San Luis Chamber of Commerce, voiced support for the Garden Street Terraces project and urged Council approval; opined 1 that the project will add to the appeal of the downtown. Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 3 -1 (COUNCIL MEMBER CARPENTER ABSTAINING AND COUNCIL MEMBER SMITH VOTING NO), to: Adopt Resolution No. 10504 (2014 Series) entitled "A resolution of the City Council of the City of San Luis Obispo, California, approving the final design of the Modified Garden Street Terraces Mixed -Use Development Project in the C -D $ C -D -H Zones (ARC 124 -06; 1119, 1123 -1127, 1129 -1137 Garden Street and 712, 720, 722, 728, 736, 748 Marsh Street)," as amended to include conditions of approval that valet parking shall not be allowed on public streets and the residential units shall be exclusively used for residential purposes and not converted to transient lodging. 2. Adopt Resolution No. 10505 (2014 Series) entitled "A resolution of the City Council of the City of San Luis Obispo, California adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and Garden Street SLO Partners L.P. providing for a long term 99 year lease for parking lot #2." 1 ADJOURNMENT The City Council adjourned at 12:06 p.m., to a Closed Session to be held on Tuesday, March 18, 2014 at 3:00 p.m. in the City Council Hearing Room, 990 Palm Street, San Luis Obispo, California. A Special Meeting to discuss Infrastructure Financing Alternatives will begin at 4:00 p.m., and the Regular meeting will commence at 6:00 p.m., in the City Council Chambers, 990 Palm Street, San Luis Obispo, California Anthony J. City Clerk APPROVED BY COUNCIL: 04/15/14 1