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SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL
Tuesday, August 19, 2014
Special Meeting — 4:00 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,
August 19, 2014 at 4:00 p.m. in the City Council Chambers, located at 990 Palm Street,
San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice
' Mayor Carlyn Christianson, and Mayor Jan Manx
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.
STUDY SESSION ITEMS
SS1. CITY OF SAN LUIS OBISPO'S 2014 BENCHMARK COMPENSATION REPORT
Human Resources Director Irons, Human Resources Analyst Sutter, and
Geoffrey Rothman, Principal Consultant with Renne, Sloan, Holtzman, and
Sakai, narrated a presentation entitled "2014 Benchmark Compensation Study"
and responded to Council inquires.
Charlene Rosales, representing the Chamber of Commerce, expressed gratitude
that the Chamber was involved with the subject compensation study process,
1 noting that the Chamber hopes to assist in future opportunities to gather private
sector information; spoke on the importance of providing City services while
balancing fiscal sustainability and market competitiveness.
City Council Meeting Minutes — August 19, 2014
Page 2
Jeffery Specht, San Luis Obispo, questioned whether the subject compensation
study was conducted with the best interests of residents in consideration.
Steve Barasch, San Luis Obispo, asserted that median employee compensation
is exponentially higher than area median income; opined that the City's benefit
package is highly competitive with the private sector; voiced concern that private
sector data was overly generalized and the subject study should have been more
regionally focused.
Mike Clark, San Luis Obispo, noted that the subject compensation study is
information that will assist in the labor negotiation process; urged Council to act
responsibly with taxpayer money during the upcoming labor negotiation process.
In response to public inquiry, Human Resources Director Irons and Mr. Rothman
advised that this is the second compensation study conducted by the City;
explained the criteria for selecting benchmark cities.
Council discussion ensued relative to the selection of benchmark cities, including
whether the San Luis Obispo County Sheriffs Department and .Paso Robles
Police Department should have been included. Human Resources Director Irons
explained that the police officers and firefighters associations' memorandum of
understanding designated the comparative benchmark cities.
In response to Council inquiries, Human Resources Director Irons explained that 1
administrative leave practices varies by bargaining unit and more information will
be provided during the negotiation process; noted that the San Luis Obispo area
median income includes the student population and the study does not attempt to
weigh particular demographic factors; advised that the City does conduct exit
interviews, pointing out that employees typically do stay in municipal government.
Council discussion ensued relative to whether future studies should include
comparative information such as total land area, number of applicants for
benchmark positions, percentage of total budget for staffing, and segregation of
the student population from median area income.
The City Council received and filed the City of San Luis Obispo's 2014
Benchmark Compensation Report.
RECESS
Council recessed at 5:30 p.m.
City Council Meeting Minutes — August 19, 2014
Page 3
CALL TO ORDER
1 A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
August 19, 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
Vice Mayor Christianson led the Pledge of Allegiance.
INTRODUCTIONS
A. NEW DIRECTOR OF SAN LUIS OBISPO COUNTY LIBRARIES —
CHRISTOPHER BARNICKEL
Mayor Marx introduced Christopher Barnickel as the new Director of San Luis
Obispo County libraries.
PUBLIC COMMENT
Debbie Farwell, San Luis Obispo, voiced concerns related to homelessness and the
possibility that that the Land Use and Circulation Element may spur development;
opined that a proposed hotel development near the Monday Club will have negative
impacts to the neighborhood and residents should be provided with early public
notification.
Paul Boniour, San Luis Obispo, expressed concerns that dead fish in Laguna Lake are
coming ashore and degrading the water quality; pointed out that homeless are camping
in the brush and leaving trash near the lake; urged Council to take action to improve
conditions at the lake.
Rob Davidson, representing the Friends of Laguna Lake, expressed gratitude to the
Council for approving the Laguna Lake Reserve Conservation Plan and urged Council
to take action to dredge the lake.
Donald Hedrick, San Luis Obispo, addressed the importance of transparency and
integrity in elections; suggested that ballots be hand counted.
City Manager Lichtig advised that staff will contact Mr. Bonjour related to his concerns
about maintenance at Laguna Lake.
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City Council Meeting Minutes — August 19, 2014
Page 4
CONSENT AGENDA
Gordon Mullin, San Luis Obispo, opined that the proposed leadership program (Item 1
C8) should be voluntary for employees, partially conducted during off - hours, and
employees should pay approximately 50% of the program costs; questioned whether
taxpayers will receive the full value of the costs to conduct the program.
Donald Hedrick, San Luis Obispo, expressed opposition to the contracting of meter
reading services (Item C10), noting that current employees often report minor leaks or
emerging problems; urged Council to retain meter reading operations in house.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C11.
Council Member Carpenter registered a no vote on Item C3 and Council Members
Carpenter and Smith registered no votes for Item C8.
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 CITY COUNCIL MEETING OF JUNE 17, JULY 1, AND JULY 15,
2014
C3.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council
meeting of June 17, July 1, and July 15, 2014, as amended.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING
NO), to:
1. Authorize the issuance of a Request for Proposal Specification No. 91305 for
Events Promotion Outreach Services.
2. Authorize the City Manager to enter into a contract for Events Promotion
Outreach Services based on the recommendation by the Promotional
Coordinating Committee.
City Council Meeting Minutes — August 19, 2014 Page 5
C4. REQUEST FOR PROPOSALS TO FURNISH UNIFORM AND LINEN
1 SERVICES — SPECIFICATION NO. 91304
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Approve the "Request for Proposals to Furnish Uniform and Linen Services,
Specification No. 91304."
2. Authorize staff to distribute the Request for Proposals.
3. Authorize the City Manager to execute an agreement if the contract price is
within the available annual budget of $74,200 for uniform services.
C5. REQUEST FOR PROPOSALS FOR PARK FACILITIES JANITORIAL
SERVICES — SPECIFICATION NO. 50200 -2014)
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Approve Request for Proposals for "Park Facilities Janitorial Services."
2. Authorize staff to advertise for proposals.
3. Authorize the City Manager to award the agreement for services if the annual
total is within the available annual budget of $87,200 for park restroom
janitorial services.
4. Authorize the City Manager, or her designee, to amend or extend the
agreement for services in accordance with its terms and within the available
annual budget.
C6. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS — RESOLUTION
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Rescind Resolution No. 10540 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, authorizing the San Luis
Obispo County Assessor to assess amounts due on delinquent solid waste
collection and disposal accounts as liens against the properties."
2. Adopt Resolution No. 10548 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, authorizing the San Luis
Obispo County Auditor to assess amounts due on delinquent solid waste
collection and disposal accounts as liens against the properties pursuant to
' California Government Code Section 25828, ET SEW which reflects text
changes requested by the County Auditor's Office.
City Council Meeting Minutes — August 19, 2014 Page 6
C7. COLLECTION. OF FEES FOR 2014 -15 FIRE AND LIFE SAFETY
INSPECTIONS OF MULTI - FAMILY PROPERTIES - RESOLUTION
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Rescind Resolution No. 10528 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, authorizing collection of
fees for 2014 -15 Fire and Life Safety Inspections of Multi- Dwelling properties
containing three or more dwelling units on the secured property tax roll."
2. Adopt Resolution No. 10549 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, authorizing the San Luis
Obispo County Auditor to collect fees for 2014 -15 Fire and Life Safety
Inspections of Multi- Dwelling properties containing three or more dwelling
units on the secured property tax roll pursuant to California Government Code
Section 54988, ET SEQ," which reflects text changes required by the County
Auditor's Office.
C8. EMPLOYEE AND LEADERSHIP DEVELOPMENT PROGRAM CONTRACT
WITH CENTRE FOR ORGANIZATION EFFECTIVENESS (COE)
In response to public and Council inquiries, Human Resources Director Irons
advised that a determination whether the. program will be voluntary has yet to be
made and the courses will likely occur during normal work hours; noted that the
program is designed to be experiential, particularly for supervisors and
management training sessions, thereby maximizing learning retention.
Council Member Ashbaugh noted for the record that his support is based on the
understanding that the program will improve staffs leadership skills and
management capabilities as well as enhance the retention of employees and
assist in succession planning; requested that staff provide a memo update on the
program in one year.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND
SMITH VOTING NO), to:
1. Authorize the issuance of a purchase order to the COE in the amount of
$170,000.
1
2. Authorize the City Manager to execute a sole source agreement with the COE
not to exceed $170,000 to provide a "one- stop" comprehensive employee and
leadership development and core competency program for the City of San
Luis Obispo. 1
City Council Meeting Minutes — August 19, 2014
Page 7
C9, SOFTWARE SOLUTIONS - CONTRACT AMENDMENT
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to approve amendment to existing City contract
with Software Solutions for testing and training services on Tyler /EnerGov
software in the amount of $31,300.
C10. REQUEST FOR PROPOSALS FOR CONTRACT WATER METER READING -
SPECIFICATION NO. 91315
In response to public and Council inquiry, Utilities Director Mattingly advised that
the issuance of the subject Request for Proposals will allow the City to explore
whether contracting meter reading services would be beneficial to the City;
explained that recommendations and alternatives will be vetted by staff and in
consultation with the City's employee association.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to authorize staff to advertise a Request for
Proposals for contract meter reading in order to resolve irregular billing period
lengths.and dates during the Winter Water Use billing cycle.
C11. AMEND SCOPE OF WORK WITH JOHNSON AVIATION TO PROVIDE
' TECHNICAL ASSISTANCE THROUGH ENVIRONMENTAL REVIEW
PROCESS AND HEARINGS FOR COUNCIL CONSIDERATION OF LAND USE
AND CIRCULATION ELEMENT UPDATE (LUCE)
In response to Council inquiry, Community Development Director Johnson
advised that approximately one -third of the cost for the Airport Land Use Plan
has been paid by developer deposits, noting that this process ensures that the
City is directing the scope of work and is provided with objective information.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to authorize the Community Development
Director to increase the scope of work and execute a contract amendment, using
an amount not to exceed $44,900 from unspent contract services budget in the
Community Development Department from Fiscal Year 2013 -14, for Johnson
Aviation to continue providing technical assistance during the update of the Land
Use and Circulation Elements (LUCE), and to support the City in its effort to work
with the Airport Land Use Commission on its plans to update the Airport Land
Use Plan (ALUP).
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City Council Meeting Minutes — August 19, 2014 Page 8
BUSINESS ITEMS AND PUBLIC HEARINGS
131. GRANT FUNDING FOR PISMO PRESERVE ACQUISITION 1
Assistant City Manager Codron and Natural Resources Manager Hill narrated a
presentation entitled "Pismo Preserve" and responded to Council inquires.
Kaila Dettman, Executive Director of the Land Conservancy of San Luis Obispo
County, urged Council to support the acquisition of the Pismo Preserve; spoke
on the unique coastal views, oak woodlands, and possibility of an all- inclusive
park for passive recreation; stated that the project has captivated to community
and is a legacy project; advised that the Land Conservancy has identified nearly
$12 million, but is seeking the final $500,000 necessary to acquire the property,
requested that the City contribute $100,000 towards the purchase of the Pismo
Preserve.
The following individuals spoke in support of the City providing funding for the
acquisition of the Pismo Preserve:
Daniel Bohlman, Land Conservancy of San Luis Obispo County
Penny Rappa, Land Conservancy of San Luis Obispo County
Doug Tait, Morro Coast Audubon Society
Kara Woodruff, Land Conservancy of San Luis Obispo County
Landis Woodruff and Cypris
Bruce Severance, Land Conservancy of San Luis Obispo County
Jose Esparza, Nipomo High School Conservation Club
Jensen Severance, President of Nipomo High School Conservation Club
Jenna Clift, Nipomo High School Conservation Club
Michelle Tasseff, San Luis Obispo
Mila Vuiovich- LaBarre, San Luis Obispo
Gordon Mullin, San Luis Obispo
Herb Kandel, Land Conservancy of San Luis Obispo County
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City Council Meeting Minutes — August 19, 2014
Page 9
Donald Hedrick, San Luis Obispo, opined that the acquisition of the Pismo
Preserve is a commendable project; questioned whether the subject project is
the best use of Measure Y funds; suggested that the City identify an alternative
funding source to contribute towards the Pismo Preserve.
Kevin Rice, San Luis Obispo, voiced concern that the subject project will set a
negative precedent of spending City funds on open space outside city limits;
questioned whether the subject property has any development potential and
whether there is a nexus of utilizing City funds for this project; questioned the
propriety of Mr. Hill authoring the Council Agenda Report, due to his previous
position as Executive Director of the Land Conservancy.
Council discussion ensued relative to the appropriate amount the City should
contribute towards the acquisition of the Pismo Preserve; whether the City should
limit its use of City funds to open space acquisition and maintenance within City
limits. It was noted that Council directed staff to bring forward a report relative to
allocating funding for the acquisition of the Pismo Preserve.
In response to Council inquiry, Finance and Information Technology Director
Padilla advised that the City has excess General Funds Reserves (above the
20% policy level reserve) that can be applied towards the acquisition of the
Pismo Preserve.
Mayor Marx noted for the record that the City will utilize excess General Fund
Reserve monies towards the acquisition of the Pismo Preserve.
Following discussion, MOTION BY MAYOR MARX, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER), to:
1. Authorize a grant of $75,000 of General Fund Reserve towards the
acquisition of real property known as the Pismo Preserve.
2. Adopt Resolution No. 10550 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, approving a grant
agreement with the Land Conservancy of San Luis Obispo County,"
authorizing the Mayor to execute a Grant Agreement with The Land
Conservancy of San Luis Obispo.
RECESS
Council recessed at 7:55 p.m. and reconvened at 8:10 p.m., with all Council Members
present.
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City Council Meeting Minutes — August 19, 2014
PH2.
Page 10
EXCHANGE OF FEDERAL TRANSIT ADMINISTRATION 5307 FUNDS WITH
THE REGIONAL TRANSIT AUTHORITY FOR CONGESTION MITIGATION
AND AIR QUALITY (CMAQ) MONEY FOR THREE BUS REPLACEMENTS IN
FY 2015
Public Works Deputy Director Bochum and Transit Manager Anguiano narrated a
presentation entitled "5307 Exchange for CMAQ Money" and responded to
Council inquires.
Mayor Marx opened and closed the Public Hearing, there being no one desiring
to speak on this item.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER
SMITH, CARRIED 5 -0, to:
1. As recommended by the Central Area Programming Committee:
a. Adopt revisions to the Fiscal Year 2013 -14 Federal Transit Administration
(FTA) Program of Projects.
b. Adopt approval of the Fiscal Year 2014 -15 FTA Program of Projects allowing
the exchange of previously awarded capital funding ($202,000) and new
capital funding ($442,000) to the Regional Transit Authority (RTA) in
exchange for $1,125,000 in new CMAQ transit funding for the replacement
of three buses for SLO Transit.
2. Approve the appropriation of $495,700 for the purchase of a third bus in
2014 -15 and the amendment of the 5 Year Capital Improvement Plan by
shifting this amount out of the 2015 -16 Fiscal Year program.
3. Approve the use of $329,700 in State Transportation Development Act (TDA)
funds for local match purposes to acquire the CMAQ Funding.
4. Adopt Resolution No. 10551 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, authorizing the filing of a
revision to the 2013 -14 Federal Capital Assistance Grant Application, filing of
part of the FY 2014 -15 Capital Assistance Grant Application and Congestion
and Air Quality Mitigation (CMAQ) Application with the Federal Transit
Administration."
r�
City Council Meeting Minutes — August 19, 2014
Page 11
PH3. REVISIONS TO CHAPTER 13.07 OF THE SAN LUIS OBISPO MUNICIPAL
CODE REGARDING WATER CONSERVATION — ORDINANCE INTRODUCTION
Utilities Director Mattingly and Utilities Services Manager narrated a presentation
entitled "Revisions to Chapter 13.07" and responded to Council inquires.
Mayor Marx opened the Public Hearing.
Steve Delmartini, San Luis Obispo, questioned, and received clarification, that it
is unknown whether additional water conservation will result in a need for a water
rate increase and that the proposed regulations apply to residential and
commercial properties.
Donald Hedrick, San Luis Obispo, suggested that geoengineering is the cause of
the draught and other damaging meteorological systems.
There being no others desiring to speak on this item, the Public Hearing was
closed.
Council discussed the proposed public outreach plan and the need to ensure the
current water supply conditions are communicated to residents.
' MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING
NO), to:
1. Introduce Ordinance No. 1607 (2014 Series) entitled "An Ordinance of the
City of San Luis Obispo, California, adopting temporary mandatory
restrictions on outdoor irrigation of ornamental landscapes or turf with potable
water."
2. Authorize the transfer of $30,000 from Water fund working capital to fund an
educational and public outreach plan related to the City's emergency drought
regulations.
REORDERING OF THE AGENDA
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR MARX, CARRIED
5 -0, to reorder the agenda to enable Council Communications to be considered at this
time.
COUNCIL COMMUNICATIONS
In response to Council inquiry, City Manager Lichtig advised that staff will assemble a
team to assess the situation at Laguna Lake and administratively address the concerns
and to report back via memo.
City Council Meeting Minutes — August 19, 2014
Page 12
REORDERING OF THE AGENDA
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to reorder the agenda to enable Item PH4 to be
considered after Item B6.
B5. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 1.24 OF
THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING APPEALS OF
ADMINISTRATIVE CITATIONS
66.
City Attorney Dietrick and Legal Fellow Rosen narrated a presentation entitled
"Consideration of Proposed Changes to Chapter 1.24 of the San Luis Obispo
Municipal Code" and responded to Council inquires.
Michelle Tasseff, San Luis Obispo, opined that the proposed administrative
appeal process is complex and recommended that the City implement a single
level of appeal by hearing officer.
Steve Delmartini, San Luis Obispo, opined that neighborhood groups do not
need to be consulted relative to the development of the City's appeal program.
In response to Council inquiry, Legal Fellow Rosen explained the importance of
developing a complete administrative records as well as ensuring due process
for an appellant.
Council discussion ensued relative to: 1) whether the Council should be the final
level of appeal for administrative citations; and 2) whether the inclusion of
Council would politicize administrative citation appeals.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 3 -2 (COUNCILMEMBERS CARPENTER AND SMITH
VOTING NO), to direct staff to move forward with the proposed amendments to
Chapter 1.24 Titled "Administrative Code Enforcement Procedures" to establish a
two tier administrative citation appeals review process.
Public Works Director Grigsby, Deputy Director Public Works Bochum and
Interim Fleet Supervisor Smith narrated a presentation entitled "Municipal Code
Amendment'Regarding Cooperative Purchasing Procedures" and responded to
Council inquires.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER SMITH, CARRIED 5 -0, to introduce Ordinance No. 1608 (2014 Series)
entitled "An Ordinance of the City of San Luis Obispo, California, amending
Section 3.24.060 of the San Luis Obispo Municipal Code regarding cooperative
purchasing."
City Council Meeting Minutes — August 19, 2014
Page 13
PH4. INITIAL STEPS TO CONSIDER OVERRULE OF THE SAN LUIS OBISPO
1 COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE
DRAFT LAND USE AND CIRCULATION ELEMENT UPDATE AND
IMPLEMENTING ZONING REGULATIONS ARE INCONSISTENT WITH THE
COUNTY AIRPORT LAND USE PLAN
City Attorney Dietrick explained that it has been determined that Council
Members Ashbaugh and Carpenter have real property conflicts of interest in
relation to the Land Use Circulation and Element (LUCE) Update Special
Planning Areas Bishop Knolls and General Hospital, respectively; noted that
formal advice is pending whether Council Member Smith has a conflict of interest
because she owns property within the proposed Airport Land Use Overlay Zone;
advised that she has requested formal advice from the Fair Political Practices
Commission (FPPC) as to whether Council Members Ashbaugh and Carpenter
may participate in tonight's considerations as their conflicts of interest do not
specifically related to the Airport Land Use Plan, but no advice has been received
in time for tonight's discussion; informed Council Members Ashbaugh, Carpenter
and Smith that they must make a determination if they feel there is a reasonably
foreseeable material financial impact on their real property interests and if so,
should recuse themselves.
Council Member Carpenter advised that he is recusing himself from tonight's
' deliberations due to the potential financial risk to himself and the potential risk to
the process related to this issue.
Council Member Smith advised that she is recusing herself from tonight's
deliberations because she believes she does have a real property conflict of
interest as her property is within the Airport Land Use Plan and will recuse
herself from tonight's deliberations.
Council Member Ashbaugh advised that he does not believe that he has a
reasonably foreseeable material financial impact and will be participating in
tonight's deliberations. City Attorney Dietrick advised that neither Council
Member Ashbaugh's conclusion as to his potential conflict of interest, nor any
advice received from the City Attorney, protect Council Member Ashbaugh from
potential FPPC enforcement.
Council Members Carpenter and Smith left the Chambers at 9:44 p.m.
Community Development Director Johnson, Contract Planner Kaiser, and Nick
Johnson, Aviation Consultant, narrated a presentation and responded to Council
inquires.
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City Council Meeting Minutes — August 19, 2014 Page 14
Mayor Marx opened the Public Hearing.
Stephen Peck, representing Avila Ranch, conveyed support for the Council to file
its intent to overrule the Airport Land Use Commission's determination relative to
the LUCE; opined that the City has conducted a thorough analysis and the new
Airport Land Use Plan will ensure the highest and best use for the area
properties.
Eugene Jud, San Luis Obispo, spoke on the benefits of noise bundling along
Tank Farm Road; suggested that the City and Airport Land Use Commission
continue to negotiate to find a compromise solution.
Rosemary Wilvert, San Luis Obispo, voiced concern regarding the development
of San Luis Ranch, opining that the development would be inconsistent with the
ALUC safety regulations; recommended that responsible agencies meet and
develop solutions that ensure public safety.
Mila Vuiovich- LaBarre, San Luis Obispo, opined that a functional airport will
boost tourism and travel; urged Council to not proceed with the overruling of the
ALUC and to work with interested agencies to develop a compromise.
Charlene Rosales, representing the Chamber of Commerce, voiced support for
moving forward with the Airport Land Use Plan; asserted that the ALUC has been
unwilling to work with the City to find compromise solutions; pointed out that the
Airport Land Use Plan is an opportunity to accommodate business growth and
meet housing needs.
Marshall Ochylski, representing San Luis Ranch, noted that the Airport Land Use
Plan is based on objective data and addresses public safety and noise issues;
voiced concern that the ALUC has not cooperated with the City to develop
compromised solutions.
There being no others desiring to speak on this item, the Public Hearing was
closed.
Following discussion, MOTION BY VICE MAYOR CHRISTIANSON, SECOND
BY COUNCIL MEMBER ASHBAUGH, CARRIED 3 -0 (COUNCIL MEMBERS
CARPENTER AND SMITH ABSTAINING), to:
1. Review the County Airport Land Use Commission's (ALUC) determination
that the Land Use and Circulation Element (LUCE) Update and implementing
zoning regulations are inconsistent with the County Airport Land Use Plan.
(Council action continued on next page)
City Council Meeting Minutes — August 19, 2014
Page 15
2. Adopt Resolution No. 10552 12014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, directing staff to file with
the San Luis Obispo County Airport Land Use Commission (ALUC) and
Caltrans (Division of Aeronautics) draft findings that the proposed Land Use
and Circulation Element (LUCE) Update is consistent with the purposes set
forth in Public Utilities Code 21670 and that the City therefore intends to
overrule the ALUC's determination that the LUCE is inconsistent with the
Airport Land Use Plan (ALUP)."
LIAISON REPORTS
Council liaison reports were received from Council Member Ashbaugh, Vice Mayor
Christianson, and Mayor Manx.
ADJOURNMENT
Adjourn to a Special Meeting to be held on Tuesday, August 26, 2014 at 5:00 p.m. in
the City Council Hearing Room, 990 Palm Street, San Luis Obispo, California to
consider Closed Session matters.
A Special Meeting will be held on Tuesday, September 2, 2014 at 4:00 p.m. in the City
Council Chambers and the Regular meeting will commence at 6:00 p.m. in the City
tCouncil Chambers located at 990 Palm Street, San Luis Obispo, California.
thony J. jia
City Clerk
APPROVED BY COUNCIL: 09/16/14
C