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.
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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.
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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.
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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.
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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
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