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HomeMy WebLinkAbout09/30/2014minutes city of san Luis osispo SPECIAL MEETINGS OF THE CITY COUNCIL Tuesday, September 23, 2014 Special Meeting — 5:00 p.m. Council Hall, 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, September 30, 2014 at 5:00 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 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. PLEDGE OF ALLEGIANCE Council Member Carpenter led the Pledge of Allegiance. BUSINESS ITEM 131. REVIEW AND APPROVAL OF LABOR RELATIONS OBJECTIVES Human Resources Director Irons, Human Resources Manager Zocher, Richard Bolanos, of Liebert Cassidy Whitmore, narrated a presentation entitled "Labor Relations Objectives" and responded to Council inquires. Mayor Marx called for public comment on the matter, there being no one present desiring to speak to this issue. minutes city of san tuis oBispo SPECIAL MEETINGS OF THE CITY COUNCIL Tuesday, September 30, 2014 Special Meeting — 4:00 p.m. Special Meeting — 5:00 p.m. Council Hall, 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, September 30, 2014 at 4:00 p.m. in the City Hearing Room, 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 Marx Council Member Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, Community Development Director Johnson, and Anthony Mejia, City Clerk, were present at Roll Call. Consultants Present: Nick Johnson, Johnson Aviation, and Lori Balance, outside Legal Counsel (via teleconference), were present at Roll Call. CLOSED SESSION City Attorney Dietrick requested a Closed Session to discuss the following item listed on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No, of potential cases: One. City Council Meeting Minutes — September 30, 2014 Page 2 A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation include allegations regarding non - compliance with the California Public Utilities Code relating to the City's certification of an Environmental Impact Report, proposed overrule of the Airport Land Use Commission's inconsistency determination regarding the City's General Plan /Land Use and Circulation Elements update project and the City's proposed adoption of the Land Use and Circulation Elements and Airport Overlay Zone. Letters from the Department of Transportation, Division of Aeronautics, dated September 12, 17 and 19, 2014, and September 18, 2014 letter from the Airport Land Use Commission are available for public inspection at the Office of the City Clerk at 990 Palm Street, San Luis Obispo, California or online at www.slocity.org. PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney Dietrick called for public comment. There was no one present desiring to speak on Closed Session. RECESS Council recessed to Closed Session in the Council Hearing Room at 4:01 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 30, 2014 at 5:00 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. REPORT FROM CLOSED SESSION City Attorney Dietrick advised that Council met on one matter of anticipated litigation related to comments received regarding the City's proposed course of action to overrule an inconsistency determination, comments were received by the Airport Land Use Commission (ALUC) and Caltrans Division of Aeronautics, and no reportable action was taken. J City Council Meeting Minutes — September 30, 2014 Page 3 PUBLIC HEARINGS PH1. REVIEW OF CHAPTER 7 (AIRPORT) AND CHAPTER 8 (SPECIAL FOCUS AREAS) OF THE DRAFT LAND USE ELEMENT, CHAPTER 11 (AIRPORT) OF THE CIRCULATION ELEMENT, AND PROPOSED UPDATES TO AIRPORT RELATED SECTIONS OF THE NOISE AND SAFETY ELEMENTS; AND REVIEW OF PROPOSED AIRPORT OVERLAY ZONE PROVISIONS IN THE ZONING CODE Community Development Director Johnson, Contract Planner Kaiser, Associate Planner Leveille, and Nick Johnson, Johnson Aviation, narrated a presentation entitled "Land Use and Circulation Element Update, Chapter 7, Airport Overlay Zone, LUE Chapter 8, CE Chapter 11, Noise and Safety Elements Amendments" and responded to Council inquires. It was noted for the record that the draft Land Use and Circulation Elements (LUCE), Council Agenda Report, staff memoranda dated September 26, 2014 and September 30, 2014, and public correspondence have been submitted for Council's consideration. Mayor Marx opened the Public Hearing. ' Carol Florence, Oasis Associates, noted that she is representing several special planning area property owners; on behalf of NKT Commercial, expressed support for the Foothill and Santa Rosa, University Square Shopping Center, and Upper Monterey planning areas; on behalf of Waste Connection, voiced a desire to work with the City to facilitate the vision for the South Broad Street plan; on behalf of the Kundert heirs, expressed gratitude to the City for moving forward with the rezoning of the "LOUR Creekside" properties; questioned if the west side of the site will remain agricultural, opining that maintenance would be difficult; suggested the following modification to Land Use Chapter 8, LOVR Creekside, to read as follows "As part of development, impacts of a new feadway connection in some form from Los Osos Valley Road to Higuera shall be analyzed;" urged Council support for Planning Commission recommendation for the Broad and Tank Farm area. Carl Dudley, San Luis Obispo, stressed the need for additional workforce housing; encouraged Council to support the recommendations and move forward with adoption of the LUCE. Jerry Rioux, representing San Luis Obispo County Housing Trust Fund, spoke on his experience trying to find affordable housing in San Luis Obispo; urged Council to support the LUCE as presented, opining that it will maximize housing and provide for flexibility related to the Prado Road overpass /interchange. City Council Meeting Minutes — September 30, 2014 Page 4 John Larson, Planning Commission, reviewed the Planning Commission's recommendation to move forward with the LUCE and Airport Overlay Zone, noting that the Commission believes the City is consistent with the guidance provided by the Caltrans Airport Land Use Planning Handbook. Stephen Peck, representing Avila Ranch, LLC, conveyed appreciation to the City and community for developing the LUCE; opined that staff has responded to Caltrans issues related to the airport area and preserved Council's right to make land use decisions for the area. Ermina Karim, representing the Chamber of Commerce, acknowledged the City, Planning Commission and community for its participation in the LUCE process; voiced support for the LUCE, noting that it will support growth within the urban reserve line and allow people to work and live in the same area; urged Council to move forward with overruling the ALUC and to retain its right to make land use decisions. Brad Brechweld, representing the Economic Vitality Corporation, voiced support for the Planning Commission recommendation and to move forward with the Airport Overlay Zone; spoke on the importance of creating head of household jobs, workforce housing, and improving circulation. Lenny Grant, representing the Economic Vitality Corporation and RRM Design Group, spoke on the results of a workforce housing survey, noting that the costs of housing may influence people's decision to leave the area; opined that Residential Zones R -2, R -3, and R-4 will help support the community need for additional housing; suggested that supporting a strong economy will also help support environmental stewardship. ,ran Miller. San Luis Obispo, voiced concerns related to the difficulty of finding housing in San Luis Obispo; stated that his business provides head of household jobs but his employees cannot afford housing. Amy Sinsheimer, speaking on behalf of Central Coast Grown, voiced support for allowing residential development at Tank Farm; recommended that Council require San Luis Ranch to retain 50% agricultural /open space onsite and based on the gross project site. Travis Fuentez, resident of San Luis Obispo County, stressed the importance of maintaining a jobs /housing balance and affordable housing, encouraged Council to support the LUCE as proposed. Robert Kinports, San Luis Obispo, expressed concern related to the affordability of housing, noting the workforce is traveling from Santa Maria and North County impacting the environment; suggested that the Land Use Element be modified to allow San Luis Ranch to convert a portion of agricultural land to park space. City Council Meeting Minutes — September 30, 2014 Page 5 Dave Juhuke, LUCE Task Force member, opined that additional housing is a critical component of the LUCE and will help achieve a job /housing balance; urged Council to support proceeding with an overrule of the ALUC. Steve Devencenzi, Planning Director of San Luis Obispo Council of Governments ( SLOCOG), conveyed that housing is a critical issue for the region; expressed concern about the cost of the 101 expansion; stated that his staff has analyzed the LUCE and found it to be consistent with the SLOCOG Board policies. C.R. Lara, Atascadero, noted that the hospitality industry is expanding and encouraged Council to be mindful of the workforce's housing needs. Donald Hedrick, San Luis Obispo, voiced opposition to mixed use projects, asserting that such projects cause noise and fumes from commercial uses to impact residents; opined that the encouraging the student population to remain on campus will help address the need for housing. Roy Garcia, San Luis Obispo, expressed concern related to developing in flood prone areas and during drought conditions. Mila Vuiovich- LaBarre, San Luis Obispo, voiced concerns related to Council certifying the LUCE Environmental Impact Report prior to resolving issues related ' to the Airport Overlay Zone; opined that LUCE should be modified to address safety concerns raised by the ALUC and Caltrans; asserted that moving forward with housing in the airport area will put passengers and residents at greater risk; stated that Prado Road should be a two -lane road with a center turn lane; opined that developers be required to fund infrastructure improvements, including roads and a new fire station; stated that an EIR is needed for the Margarita Area Specific Plan amendments; urged Council to maintain the Damon Garcia sports park and improve multi -modal transportation. Marshall Ochylski, representing San Luis Ranch, suggested that Council modify the San Luis Ranch Performance Standards Chart to eliminate reference to 65.5 acres and replace with 50% related to agricultural /open space; opining that the modifications will allow for flexibility, maximize housing, and improve multi -modal transportation and infrastructure. Eric Meyer, Chair of the LUCE Task Force, noted that participation by the community, LUCE Task Force, and Planning Commission has resulted in the proposed LUCE. There being no others desiring to speak on this item, the Public Hearing was closed. 1 City Council Meeting Minutes — September 30, 2014 Page 6 In response to public comment, Community Development Director Johnson explained that Council certified a Program Environmental Impact Report for the Land Use and Circulation Elements, noting such action does not authorize any specific developments; advised that future General Plan Amendments, Rezones, and Specific Plan Amendments within the airport overlay zone would be referred to the ALUC for a consistency determination. In response to public comment, Outside Special Counsel Lori Balance explained the concept of a No Plan Zone, advising that the City of San Luis Obispo would not be considered a No Plan Zone regardless of moving forward with an overrule of the ALUC inconsistency determination. In response to public comment, Mr. Nick Johnson advised that flight paths transverse all areas of the airport area, therefore disclosure documents are provided to potential property owners to ensure they are aware of airport operations in the area. RECESS Council recessed at 6:50 p.m. and reconvened at 7:02 p.m., with all Council Members present. Community Development Director Johnson advised that a compendium of amendments to the draft Land Use and Circulation Elements will be prepared for the October 21, 2014 Council meeting. As Council discussion ensued the following direction was noted: 1. Council made no additional amendments to Chapter 7. 2. Circulation Element Chapter 11.0.1 should be amended to read as "The City shall support and encourage expansion of air transportation services forecasted in the Airport Master Plan and approved by the FAA (Federal Aviation Administration). 3. It was suggested that Circulation Element 11. 1.4 be amended to read as "The City shall work with the County Airport Land Use Commission to complete its updates to the Airport Land Use Plan for the San Luis Obispo County Airport and encourage them to utilize objective verifiable data, expert advice, best practices and modern technology, as thev consider adjacent urban land use impacts noise and safety zones and requirements of state law regarding climate change." It was agreed by Council majority to not move forward with the suggested amendment except to strike `46" and inserting "updates." 1 City Council Meeting Minutes — September 30, 2014 Page 7 4. Draft Zoning Code Chapter 17.57.020 (Airport Overlay Zone, Applicability) ' should spell out the acronym "RPT (Runway Protection Zone) and be amended to read as "Regulations in this Chapter shall apply to all uses, activities, and existing and proposed development on properties within Safety zones S -1b, S -1c and S -2 designated in the ALUP. New development and land uses within the RPZ and S -1a ALUP Safety Zones shall be consistent with provisions of the ALUP, 64ess the Gity ^"°'F ffid°° a dete.rm. inatien ^` 5i6teRGY by the AffiFpeFt Land Gernmissien as allowed under Sent taken, the Goty shall eRSUFe that development 06 GORS-66—tP-14t With d-.;FeSt 0 OR E R Council further directed staff to reorganize the structure of this section to improve clarity. 5. Land Use Element Chapter 7 (Airport) and the Safety Element should be globally amended to reflect throughout: if overrule occurs the City is consistent with the State Aeronautics Act, with guidance from the Caltrans Airport Land Use Planning Handbook. 6. Land Use Element Chapter 8 (Special Focus Areas), Introduction, be amended to include "North Side of Foothill (Bishop Knoll)" in the list of special 1 planning areas. 7. Land Use Element Chapter 8 (Special Focus Areas), San Luis Ranch Specific Plan Area, Performance Standards Chart, should be amended to eliminate reference to Minimum Open Space /Agriculture 65.5 ac, replace with minimum 50 %, and delete column % of site. 1 Type Allowed Minimum* Maximum 500 Residential LDR MDR 350 units units MHDR HDR 200,000 Commercial NC CC 50,000 SF SF 150,000 Office/High tech) O 50,000 SF SF 200 Hotel/Visitor- rooms serving Parks PARK 5.8 ac Open Space / OS AG 6}3-3 as Minimum No maximum Agriculture 50 %' Public n/a Infrastructure n/a City Council Meeting Minutes — September 30, 2014 Page 8 'There can be a reduction in the minimum requirement based on specific physical and /or environmental constraints. ' The City Council may consider allowing a portion of required open space to be met through off -site dedication provided: A substantial multiplier for the amount of open space is provided for the off -site property exchanged to meet the on -site requirement; and Off -site land is of similar agricultural and visual value to the community; and Off -site land is protected through an easement, dedication or fee title in perpetuity for agriculture /open space. It was suggested that the above footnote and asterisk be deleted. It was agreed by Council majority to not move forward with the suggested amendment. Community Development Director Johnson pointed out that referencing only a "% of site" is defined as the percent of each site dedicated for open space, using the gross project site. Council Member Ashbaugh noted for the record that he believes the San Luis Ranch land owner is making a sincere effort to meet the City's competing values for workforce housing and maintaining our open space. 8. Land Use Element Chapter 8 (Special Focus Areas), Avila Ranch Specific Plan Area, Performance Standards Chart Footnote', should be amended to 1 read as "Up to 1/3 of the open space may be provided off -site or through in- lieu fees consistent with the Airport Area Specific Plan. may be— r$dbl6ed up to 30% of the site nFnnnrti9RaIIy to the amount 9 n 9. It was suggested that Land Use Element Chapter 8 (Special Focus Areas), Upper Monterey, Item F, be amended to read as "The City will work with local hotels and Cal Poly to develop enhanced meeting rooms and conference facilities. These types of facilities would not be located on the east side of Monterey north of California Street, jppmpFiate fGF this aFea. unless adequate buffers and noise mitigation measures are required to protect the creek and the established neighborhood east of the creek. A conference center in conjunction with a hotel is appropriate for this area, but not a stand -alone conference center." It was agreed by Council majority to not move forward with the suggested amendment except to strike the word "...+s appropriate for this area." I 1 City Council Meeting Minutes — September 30, 2014 Page 9 10. Land Use Element Chapter 8 (Special Focus Areas), Sunset Drive -In Theater / Prado Road Area, Paragraph 1, should be amended to read as "This 38 -acre area should be further developed only if flooding can be mitigated without significant harm to San Luis Obispo Creek. Until flood hazards are mitigated, continued agricultural use and low- intensity recreational use are appropriate. Any use drawing substantial regional traffic also depends on providing needed infrastructure at Prado Road, and extending Prado Road to connect with Madonna Road, and realignment of Elks Lane. During the course of discussion, Council questioned: 1) potential alterations to the existing intersection of Footh ill/Chorro/B road and the desirability of modifying the intersection of Chorro and Foothill (Land Use Element Chapter 8, Special Planning Area, Foothill Boulevard /Santa Rosa Area); and 2) the issue of provision of a Prado Road overpass versus full interchange. Council requested that staff provide an overview of both areas as part of the Circulation Element discussion and continued the Public Hearing to October 7, 2014 at 6:00 p.m. ADJOURNMENT The City Council adjourned at 8:34 p.m. The next Regular Meeting to be held on Tuesday, October 7, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. r ZtAhony J. 'ia City Clerk APPROVED BY COUNCIL: 10/21/14