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HomeMy WebLinkAbout10/21/2014minutes 1 city of san tuts omspo SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL Tuesday, October 21, 2014 Special Meeting — 4:30 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, October 21, 2014 at 4:30 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. PUBLIC HEARING B1. 2013 TRAFFIC SAFETY REPORT Transportation Operations Manager Hudson and Transportation Assistant Rice narrated a presentation entitled "Annual Traffic Safety Report" and responded to Council inquiries. Pete Schwartz, San Luis Obispo, advised that traffic calming measures have improved safety on his street; recommended that traffic be diverted from the downtown area and to test the closure of Higuera; urged Council to take action to install safety improvements at Ferrini and Foothill. City Council Meeting Minutes — October 21, 2014 Page 2 Robin Oswald, San Luis Obispo, spoke on the need for pedestrian safety improvements at Johnson Street near French Hospital, Chorro and Broad, and 1 developing safe routes to school near Laguna Middle School. Tawny Sterios, San Luis Obispo, voiced support for a traffic circle at the intersection of Chorro and Mill. Jim Woolf, Bicycle Advisory Committee Chair, applauded the City for its work to improve pedestrian and bicycle safety; thanked Council for allocating funds for safety improvements. Lea Brooks, San Luis Obispo, distributed an article on the growth of bicycle transportation; noted that parents are making an effort to transport children to school via bicycles; expressed support for the installation of traffic circles as proposed. A hard copy of the article is on file with the City. Kim Bisheff, San Luis Obispo, urged Council to take immediate action to improve pedestrian safety at Ferrini and Foothill; voiced concern that children are sprinting through the intersection and the likelihood of a collision. Myron Amerine, San Luis Obispo, voiced concern that vehicles exiting Highway 101 are intruding onto bicycle and pedestrian crossings; suggested that additional green bike lanes be striped in the City. Scott Bisheff, San Luis Obispo, voiced support for the improvements identified in the Traffic Safety Report. Jonathan Robison. San Luis Obispo, conveyed support for the proposed safety improvements, noting the importance of protecting children as they cross streets. Eric Meyer, San Luis Obispo, expressed support for the safety improvements and suggested that the City invest in education programs for new bicyclist. Jeff Brubaker, San Luis Obispo, spoke in support of the proposed traffic safety improvements; expressed concerns about pedestrian safety at California and Taft. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to receive and file the 2013 Traffic Safety Report and approve the associated safety projects. 1 City Council Meeting Minutes — October 21, 2014 Page 3 CLOSED SESSION 1 City Attorney Dietrick requested a Closed Session to discuss the following item listed on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: New Cingular v City of Alameda, et al, Superior Court of California, County of Los Angeles, Case No. BC 462270; this case was previously known as Donald Sipple, et al. v City of Alameda, et al. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case. 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 by the California Department of Transportation, Aeronautics Division regarding non - compliance with the California Public Utilities Code 1 relating to the City's proposed overrule of the Airport Land Use Commission's inconsistency determination regarding the City's General Plan /Land Use Circulation Element update project. PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney 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 5:17 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 21, 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 1 Council Member Ashbaugh led the Pledge of Allegiance. City Council Meeting Minutes — October 21, 2014 REPORT FROM CLOSED SESSION Page 4 City Attorney Dietrick advised that Council met in Closed Session and took no reportable action. INTRODUCTION OF PETER WILLIAMSON, RIDESHARE EMPLOYER OUTREACH COORDINATOR — UPDATE ON RIDESHARE MONTH ACTIVITIES Mayor Marx introduced Peter Williamson, Rideshare Employer Outreach Coordinator. Mr. Williamson spoke on upcoming events to celebrate Rideshare month and encouraged the community to participate. PROCLAMATION — DENTAL HYGIENE MONTH Mayor Marx presented a Proclamation to Kristina Mankins, Dental Society Membership Chair, proclaiming October 2014 as "Dental Hygiene Month." PUBLIC COMMENT T. Keith Gurnee, San Luis Obispo, Member of the No on Measure G Committee, spoke on his recent experience at the downtown Farmers Market in which a vender invited the committee to share its booth; voiced concern that a Downtown Association (DA) representative confronted the committee, called the police, and required them to stop distributing materials; suggested that the Council review the contract with the DA to ensure citizen rights are protected. Jenna Hartzell, representing Arts Obispo, noted that October 2014 is Arts Month and encouraged residents to participate in upcoming activities and events; thanked the City for its continued support of the arts. Patty Thayer, representing SLO Little Theater, encouraged the community to attend a live performance at SLO Little Theater and other performing arts venues in San Luis Obispo; spoke on the benefits of the arts and its impacts on local revenue and tourism. Wendy Eidson, San Luis Obispo, expressed gratitude to the City for its support and promotion of the arts; noted that the International Film Festival is growing in popularity and is becoming a destination attraction. Jim Foley, San Luis Obispo, urged Council to take action to obtain permits and develop a budget for the dredging of Laguna Lake. Rachel Kovesdi, San Luis Obispo, thanked Public Works for addressing her past concern related to the notification of local companies for invitations to submit Request for Qualifications. 1 1 L' City Council Meeting Minutes — October 21, 2014 Page 5 Carl Dudley, DA Board Member, spoke on his past experience attempting to share a ' booth at the Farmers Market; pointed out that the DA only allows one vender per booth and attempts to apply rules consistently; encouraged the Council to consider all sides of the recent confrontation before taking any action. Lisa Myrick, San Luis Obispo, advised that she may be placing her pets for adoption at the Woods Humane Society. Donald Hedrick, San Luis Obispo, asserted that the DA has infringed on his rights to participate in political speech at the Farmers Market and Flea Market by restricting the use of his personal mobility device and requiring insurance in order to rent a booth; stated that he believes he was excluded from recent candidate forums. Paul Rys, San Luis Obispo, advised that specific types of businesses are using a utensil cleaning practice which consistently runs water; opined that the practice is wasteful and suggested that the City enact an ordinance prohibiting it. In response to public inquiry, Assistant City Manager Codron advised that the City Council will be meeting on November 13, 2014 to receive background information for the 2015 -17 Budget and that it is an opportunity in which residents could discuss the priority of dredging Laguna Lake. 1 CONSENT AGENDA MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C5. 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 MEETINGS OF SEPTEMBER 16, 23, AND 30, 2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council meetings of September 16, 23, and 30, 2014. C City Council Meeting Minutes — October 21, 2014 Page 6 C3. CALLE JOAQUIN SEWER FORCE MAIN REPLACEMENT - SPECIFICATION NO. 91133 Following clarification, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve Contract Amendment No. 4 with AECOM for design services for the Calle Joaquin Sewer Force Main Replacement Project, Specification No. 91133, in the amount of $10,954. 2. Approve the transfer of $10,954 from the Sewer Fund Completed Projects account to the project's design phase account. 3. Approve plans and specifications for the Calle Joaquin Sewer Force Main Replacement, Specification No. 91133, and authorize staff to advertise for bids when signed by the City Engineer. 4. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $650,000. 5. Authorize the Utilities Director to execute a Right of Entry Agreement with the underlying property owner in the form attached hereto and subject to any subsequent modifications approved by the City Attorney. C4. APPROVAL OF THE FINAL MAP FOR TRACT 2560 -PHASE 2 215 BRIDGE STREET (TR 64 -03) — RESOLUTION 1 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10571 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2560 -Phase 2 (215 Bridge Street, TR 64 -03)," and authorizing the Mayor to execute the Subdivision Agreement and Biological Open Space Easement Agreement on behalf of the City. C5. PRADO ROAD BRIDGE WIDENING - SPECIFICATION NO. 91203 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve "Alternative 1" as the preferred conceptual design for the Prado Road Bridge widening project as recommended in the feasibility report by Wallace Group and Quincy Engineering, and proceed with the environmental study and engineering for the " Prado Rd. Bridge Widening, Specification 91203." 2. Appropriate $390,000 in Transportation Impact Fee funds for continuing project study and engineering. 1 3. Authorize staff to pursue potential 2017 construction funding thru the Federal Local Highway Bridge Program (HBP) as administered by Caltrans. ^I City Council Meeting Minutes — October 21, 2014 PUBLIC HEARINGS Page 7 PHI. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT - RESOLUTION Tourism Manager Cano reviewed the contents of the Council Agenda Report and responded to Council inquiries. Mayor Marx opened and closed the Public Hearing, there being no one desiring to speak on this item. City Clerk Mejia reported that no written protests were received in advance of the Public Hearing and no oral protest were received tonight. Therefore, based on the total percentage needed, a legally sufficient protest was not received. MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10573 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District, and affirming the establishment of the district." PH2. FINAL ACTION ON THE LAND USE AND CIRCULATION ELEMENT (LUCE) UPDATE PROJECT INCLUDING: OVERRULE OF THE AIRPORT LAND USE COMMISSION'S DETERMINATION THE LUCE UPDATE PROJECT IS INCONSISTENT WITH THE AIRPORT LAND USE PLAN AND ADOPTION OF APPROPRIATE RESOLUTIONS AND FINDINGS TO APPROVE THE LUCE UPDATE AND IMPLEMENTATION — RESOLUTIONS AND ORDINANCE INTRODUCTION Council Member Carpenter announced that he has a conflict of interest as it relates to the General Hospital Special Planning Area because he owns property within 500' of the project area; therefore he would not participate in the Zoning action on that property, which was segmented from the other actions. Council Member Carpenter left the Chamber at 6:50 p.m. Community Development Director Johnson, Community Development Deputy Director Murry, narrated a presentation entitled "Adoption of the Land Use and Circulation Element" and responded to Council inquiries. Mayor Marx opened the Public Hearing. Rachel Kovesdi. San Luis Obispo, requested that reference to multifamily and 1 transitional residential care is stricken from the verbiage related to the General Hospital site. City Council Meeting Minutes — October 21, 2014 Page 8 Lanny Hernandez, San Luis Obispo, recommended that the General Hospital site remain zoned as low density residential; voiced concern that the adjacent residents' comments have not been incorporated into the LUCE; expressed opposition to verbiage related to transitional residential care at this site. There being no others desiring to speak on this item, the Public Hearing was closed. In response to Council inquiry, Community Development Deputy Director Murry explained that the proposed rezone would increase residential density from 7- units to 12 -units per acre and noted that the subject site is approximately two acres; advised that Sunny Acres is not associated with the rezoning of this site. Council Member Ashbaugh noted for the record that he prefers lower residential density at the General Hospital site. MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER SMITH, CARRIED 3 -1 (COUNCIL MEMBER ASHBAUGH VOTING NO AND COUNCIL MEMBER CARPENTER ABSTAINING), to introduce Ordinance No. 1609 (2014 Series) entitled "An Ordinance of the City of San Luis Obispo, California, amending zoning designations for the General Hospital Site Special Planning Area (GPI /ER 15 -12)." Council Member Carpenter returned to the dais at 7:10 p.m. Community Development Director Johnson and Community Development Deputy Director Murry continued their presentation entitled "Adoption of the Land Use and Circulation Element" and responded to Council inquiries. Mayor Marx opened the Public Hearing. Ro4er Oxborrow, member of the Airport Land Use Commission (ALUC), speaking as a private citizen, voiced opposition to Council overruling the ALUC; asserted that such action could expose the City to greater liability risk. Dan Blandford, representing Cal Portland, spoke in support of the LUCE and urged Council approval. Carl Dudley, San Luis Obispo, requested that Council overrule the ALUC determination and to adopt the LUCE as presented. Dia Hurd, San Luis Obispo, voiced concern with the precedence of overruling the ALUC and impacts to the viability of the airport; pointed out that there is no guarantee that new homes constructed would be affordable. 1 City Council Meeting Minutes — October 21, 2014 Page 9 Ron De Cadi, Executive Director of San Luis Obispo Council of Governments, ' spoke in favor of the LUCE, although cautioning that the Highway 101 interchange may be restrictively expensive; suggested that verbiage related to a regional transportation sales tax be modified to delete reference to population based distribution of funds. Scott Smith, Executive Director of Housing Authority of San Luis Obispo, urged Council to adopt the LUCE, noting that it aligns with the mission of the Housing Authority. Rick Stollmever, owner of Mind Body, Atascadero, requested the Council adopt the LUCE, pointing out that his employees desire to live in San Luis Obispo but there is a shortage of available housing options. Erik Justesen, San Luis Obispo, Chamber of Commerce Board Member, spoke on the level of community participation in the LUCE process; encouraged Council to move forward with the ALUC overrule and to adopt the LUCE. Brad Brechwald, San Luis Obispo, principal with Wallace Group, member of the Economic Vitality Corporation and Homebuilders Association, addressed the need for additional workforce housing. ' Tim Williams, Chair of the Chamber of Commerce, advised that the Chamber supports overruling the ALUC; opined that the LUCE will not impede the viability of the airport and urged Council to move forward with its adoption. Aaron Abbott, San Luis Obispo, voiced support for adopting the LUCE; pointed out that it will promote needed affordable housing. Jamie Lopes, San Luis Obispo, requested that Council reconsider the San Luis Ranch agriculture /open space requirements; suggested that the project be required to retain 65.5 acres as agriculture /open space and off -site mitigation not be allowed. Dave Juhnke, San Luis Obispo, LUCE Task Force, spoke on the extensive public participation that led to the development of the LUCE; urged Council to move forward with the ALUC overrule and to adopt the LUCE; suggested that funds not be tied to the transportation mode split. John Evans, Cannon Corporation, recommended that Council adopt the LUCE, noting that San Luis Ranch and Avila Ranch are opportunities for increasing affordable housing. Eugene Judd, San Luis Obispo, voiced objection to overruling the ALUC; stated 1 that Caltrans desires a new study on the Highway 101 interchange; questioned if the LUCE has internal consistency with the Open Space Element. City Council Meeting Minutes — October 21, 2014 Page 10 Bill Wilson, San Luis Obispo, voiced concern related to Prado Road and its impacts on the Damon Garcia Sports Fields; suggested that Prado Road needs an Environmental Impact Report. Mila Vuiovich- LaBarre, San Luis Obispo, asserted that the LUCE grant was tied to increased land development; voiced opposition to overruling the ALUC, citing concerns related to public safety and liability risks; voiced objection to the Prado Road extension and requested additional environmental studies; spoke on the need for preserving the open space at San Luis Ranch. John Fowler, representing Peoples' Self -Help Housing, stressed the need for more affordable housing; noted that the LUCE would help spur projects that increase housing units. Steve LePell, Atascadero, recommended that the Council continue to work collaboratively with the ALUC to find compromise; pointed out that the LUCE will not guarantee new homes will be affordable. Ryan Miller, local business owner, pointed out that the LUCE will help reduce traffic emissions by allowing employees to live near their work; voiced support for the overrule of the ALUC and adoption of the LUCE. Marshall Ochylski, representing San Luis Ranch, recommended that Council move forward with overruling the ALUC and adopting the LUCE as presented; advised that San Luis Ranch is working towards maximizing the preservation of agriculture /open space. Stephen Peck, representing Avila Ranch, spoke in favor of the ALUC overrule and adoption of the LUCE, noting that it reflects the communities forward thinking and preferences. Dick Pottratz, San Luis Obispo, former ALUC member, encouraged Council to not overrule the ALUC, noting that the Santa Margarita Specific Plan had been successfully negotiated with the ALUC; voiced concern that new housing developments near the airport will impede future growth and the viability of the airport. Donald Hedrick, San Luis Obispo, voiced concerns related to the Prado Road extension and potential public safety risks if homes are developed along flight paths. Kevin Rice, San Luis Obispo, expressed opposition to converting open space to housing developments; voiced concern that the LUCE would place low- income families at greater risk since affordable homes would be constructed along flight paths; asserted that developer contributions to local candidates are influencing the LUCE process and driving development. City Council Meeting Minutes — October 21, 2014 Page 11 Mayor Marx noted for the record that the Mayor and members of the City Council are nonpartisan positions. Mike Cannon, Cannon Corporation, recommended that Council move forward with overruling the ALUC and adoption of the LUCE. Paul Rys, San Luis Obispo, voiced concerns regarding the development of Avila Ranch, opining that current residents moved here to avoid communities that continue to grow. Eric Meyer, Chair of the LUCE Task Force, stated that the LUCE represents community compromise and cautioned Council against making revisions without additional opportunities for public comment and staff analysis. Lisa Myrick, San Luis Obispo, voiced concern related to noise impacts from aircrafts on residences in the airport area. There being no others desiring to speak on this item, the Public Hearing was closed. RECESS t Council recessed at 8:58 p.m. and reconvened at 9:12 p.m., with all Council Members present. In response to Council inquiries, Nick Johnson, of Johnson Aviation, explained that a thorough analysis of the risks and liabilities have been conducted; pointed out that the Airport Overlay Zone is consistent with the State Aeronautics Act and Caltrans Airport Land Use Planning Handbook. City Attorney Dietrick pointed out that the State Aeronautics Act contains provisions related to liability in relation to aircraft forced landings. In response to Council inquiries, Natural Resources Manager Hill explained that open space dedications are recorded as easement or in title to ensure the dedication in perpetuity. Community Development Deputy Director Murry spoke on the success of developing affordable housing in Sierra Meadows and in the Santa Margarita area; advised that the LUCE attempts to address the jobs /housing imbalance but affordability is subject to the laws of supply and demand; advised that the LUCE is internally consistent. During the course of discussion, council members discussed: 1) the propriety of overruling the ALUC; 2) whether the LUCE reflects the preferences of current permanent residents; 3) whether the ALUC is impeding the Council's authority to determine appropriate land uses within the City; 4) whether there is a lack of ' scientific data supporting the ALUC's determination; 5) the potential risk of litigation and liability if an overrule moves forward. City Council Meeting Minutes — October 21, 2014 Page 12 In response to comments made by Council Member Ashbaugh, City Attorney Dietrick advised that discussions that did or did not occur in closed session, are matters of attorney - client privilege and a single council member is not free to waive that privilege. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, FAILED 2 -3 (COUNCIL MEMBER ASHBAUGH, VICE MAYOR CHRISTIANSON, AND MAYOR MARX VOTING NO), to not adopt the resolution overruling the County of San Luis Obispo Airport Land Use Commission determination that the proposed Land Use and Circulation Element Update and related airport overlay zoning amendments are inconsistent with the Airport Land Use Plan. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND SMITH VOTING NO), to continue the subject Public Hearing to a date uncertain. Council Member Ashbaugh noted for the record that he is in shock that the Council could not reach a decision. LIAISON REPORTS None. COUNCIL COMMUNICATIONS Mayor Marx reported that she attended the Mayors Conference on Entrepreneurship in Louisville Kentucky; noted that her expenses were paid by the Kauffman Foundation, although some incidental expenses will be paid by the City. ADJOURNMENT The City Council adjourned at 10:24 p.m. The next City Council Meeting will be held on Monday. November 10. 2014 in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. Note: The Regular Council Meeting of Tuesday, November 4, 2014 was previously rescheduled due to Election Day. Avu�� mfhorkX J. M jia City Cler c APPROVED BY COUNCIL: 11/10/2014