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HomeMy WebLinkAbout11/10/2014minutes city of san tuts oBispo SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL Tuesday, November 10, 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, November 10, 2014 at 4:30 p.m. in the Council Chamber, 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 PHI. A RIDE AWAITS TAXI CAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - RESOLUTION Public Works Director Grigsby and Transit Manager Anguiano narrated a presentation entitled "Public Hearing #1 Taxi Permit A Ride Awaits" and responded to Council inquiries. Mayor Marx opened the public hearing. 1 Sara Pontecchi, representing Yellow Cab of San Luis. Obispo, questioned whether there is a demonstrated need for an additional tax cab operator; asserted that alternative taxi cab services, such as Uber, are infringing on the taxi cab industry, thereby resulting in a lower level of demand. City Council Meeting Minutes — November 10, 2014 Page 2 Ken Warrick, Smart Shuttle, recommended that consideration of this item be postponed until after expansion of the airport is completed; pointed out the airport 0 has limited parking and accessibility for taxi cabs. Leland Simpson, representing 234 Taxi, urged Council to require that A Ride Awaits modify its fleet's base color; voiced concern that the base color and decals are similar to his company's vehicles and could impact his branding effort. Paul McGill, representing Surf Cab, voiced concerns that alternative taxi services, such as Uber, are impacting the viability of operating a taxi cab company; conveyed support for issuing the new taxi permits to A Ride Awaits. Dan Indendi, representing A Taxi Awaits, opined there is a need for additional taxi cab operators in San Luis Obispo; voiced objection to modifying his fleet's base color, pointing out that his trademark is a white vehicle with a green light; expressed concern that Uber is similar to a taxi cab service but is not subject to the same regulatory requirements. Paul Karp, representing 234 Taxi, urged Council to require that A Ride Awaits change its fleet's base color; voiced concern that the similarity of color and decals could impact the viability of 234 Taxi. There being no others desiring to speak on this item, the public hearing was 0 closed. In response to Council inquiries, Public Works Deputy Director Bochum explained that taxi cab operators often request a certain number of permits, but some permits may go unused as the operator adjusts to the market demand; advised that staff has not received complaints regarding an excess number of taxi cabs; explained that a City taxi permit is required in order to transport customers from north county to the airport; reported that services such as Uber have been determined to be under the jurisdiction of the California Public Utilities Commission and not subject to the City's taxi cab regulations. During the course of discussion it was agreed by Council that A Ride Awaits would not be required to change its fleet's base color but is encouraged to distinguish its vehicles from other companies. I City Council Meeting Minutes — November 10, 2014 Page 3 MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR 1 CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER ASHBAUGH VOTING NO), to: 1. Adopt a Resolution No. 10574 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving an additional taxicab service," and declaring the need for the operation of four taxi operators in the City of San Luis Obispo. 2. Authorize the City Manager or her designee to process the Certificate of Public Convenience and Necessity. 3. Approve five taxi permits to A Ride Awaits on a one -year trial basis. Council Member Ashbaugh noted for the record that Council has the authority to regulate taxi cab operations and should require A Ride Awaits to change its fleet's base color. BUSINESS ITEM B1. CONSIDERATION OF THE PROPOSED SAN LUIS OBISPO COUNTY TOURISM MARKETING DISTRICT (SLOCTMD) - RESOLUTION 1 Tourism Manager Cano introduced Stacie Jacob and Chuck Davidson representing Visit SLO County. Ms. Jacob and Mr. Davidson narrated a presentation entitled "San Luis Obispo County Tourism Marketing District" and responded to Council inquiries. Tourism Manager Cano noted that a memo was distributed advising that two - thirds of the San Luis Obispo lodging properties are in support of the San Luis Obispo County Tourism Marketing District. A hard copy of Ms. Cano's memo, dated November 10, 2014, is on file with the City Clerk. Charlene Rosales, representing the Chamber of Commerce, voiced support for the establishment of the County Tourism Marketing District (TMD), pointing out that it would unify marketing and messaging efforts. Clint Pearce, San Luis Obispo, noted that a TMD would improve communication and coordination of marketing efforts between communities; conveyed support for the establishment of the TMD and urged Council to adopt the resolution. Mike Manchak, President of Economic Vitality Corporation (EVC), advised that the EVC has endorsed the establishment of a TMD; pointed out that a TMD would have resources to enable advertising in major travel publications; urged 1 Council to support the resolution. City Council Meeting Minutes — November 10, 2014 Page 4 Nipool Patel. Chair of the City's Tourism Business Improvement District (TBID) Board, advised that a majority of hoteliers support the establishment of a TMD; conveyed that a TMD would foster a stronger and unified tourism message. George Newland, representing Quality Inn Suites, opined that a County TMD should be funded through the existing TBID assessment. Noreen Martin, Martin Resorts, spoke on the importance of creating a stable funding source to support the County Visitors Bureau; noted that enhancing the tourism industry results in more jobs and increased local tax revenues. Kimberly Walker, Granada Bistro and Hotel, expressed support for creating a County TMD; noted that the TMD would help unify cities' marketing efforts and ensure visitors are aware of the attractions in the area. Following discussion, MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to: 1. Authorize the San Luis Obispo County Board of Supervisors to establish the San Luis Obispo County Tourism Marketing District (SLOCTMD) inclusive of lodging properties within the City of San Luis Obispo to be funded by a 1% gross room rental assessment. 2. Adopt Resolution No. 10575 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, granting consent to the County of San Luis Obispo to form the San Luis Obispo County Tourism Marketing District (SLOCTMD)" within the City of San Luis Obispo, to be funded by a 1 % gross room rental assessment. RECESS Council recessed at 5:44 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 10, 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 Carpenter led the Pledge of Allegiance. 1 City Council Meeting Minutes — November 10, 2014 Page 5 PRESENTATIONS 1 A. ECONOMIC VITALITY CORPORATION Michael Manchak, President/Chief Executive Officer of Economic Vitality Corporation, made a presentation regarding the Economic Vitality Corporation and responded to Council inquiries. A hard copy of Mr. Manchak's presentation is on file with the City Clerk. PUBLIC COMMENT Scott Talmage, San Luis Obispo, requested that Council agendize consideration of adopting an abandoned shopping cart ordinance; noted that he sent written materials and a sample ordinance to Council. A hard copy of Mr. Talmage's written materials is on file with the City. Jim Foley, San Luis Obispo, spoke on the conditions of the dry lake bed at Laguna Lake; urged Council to direct staff to take immediate steps to begin dredging the lake. Marshall Oshylski, speaking as an individual, congratulated the newly - elected Mayor and Council Members and thanked Council Member Smith for her service on Council; representing the Downtown Association (DA), thanked the Council representatives and staff for working collaboratively with the DA over the past year. Council directed staff to agendize consideration of an abandoned shopping ordinance for a future meeting, noting that it is not a priority matter. Council directed staff to agendize consideration of overruling the Airport Land Use Commission's determination of inconsistency and the Land Use and Circulation Elements for December 2, 2014, provided that Council Member -Elect Rivoire indicates to staff that he is prepared and ready to consider the item. CONSENT AGENDA MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C6, with the removal of Item C6 for separate consideration. 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 1 City Council Meeting Minutes— November 10, 2014 Page 6 C2. MINUTES OF CITY COUNCIL MEETINGS OF OCTOBER 7 AND 21.2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council meetings of October 7 and 21, 2014. C3. COLLECTION SYSTEM POINT REPAIRS 2015 - SPECIFICATION. NO. 91306 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve plans and specifications for the Collection System Point Repairs 2015, Specification No. 91306. 2. Authorize staff to advertise for bids and the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $122,000. C4. REQUEST FOR PROPOSALS FOR CITY NETWORK SWITCHING INFRASTRUCTURE REPLACEMENT - SPECIFICATION NO. 90999 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Authorize staff to advertise a request for proposals (RFP) to upgrade the City's Network Switching Infrastructure System, Specification No. 90999. 2. Authorize the City Manager to award a contract if the selected proposal is within the approved budget of $550,000. C5. CITY PARTICIPATION AS A SPECIAL OLYMPICS HOST TOWN MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to authorize the City Manager or designee to coordinate City participation as a Host Town for the Special Olympics and direct staff to proceed with plans to organize the necessary activities. C6. ORDINANCE ADOPTION - AMENDING THE ZONING MAP FOR THE GENERAL HOSPITAL SITE SPECIAL FOCUS AREA Council Member Carpenter announced that he owns property within 500' of the subject site area and recused himself; left the Chambers at 6:34 p.m. and returned at 6:35 p.m. MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 3 -1 (COUNCIL MEMBER ASHBAUGH VOTING NO AND COUNCIL MEMBER CARPENTER RECUSED), to adopt 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)." (Intro. on 10/21/14) 1 1 1 City Council Meeting Minutes — November 10, 2014 Page 7 PUBLIC HEARINGS 1 PH2. APPEALS OF THE ARCHITECTURAL REVIEW COMMISSION'S APPROVAL OF A MIXED -USE PROJECT AT 1327 OSOS STREET (ARC 96 -131 - RESOLUTION Vice Mayor Christianson announced that she owns property within 500' of the subject property and recused herself; left the Chamber at 6:35 p.m. and returned at 9:11 p.m. Council Members Carpenter disclosed he had ex parte communications with Alice Davis, Stew Jenkins, Hamish Marshall and conducted a site visit; Council Member Ashbaugh disclosed he had ex parte communications with Alice Davis, Stew Jenkins, Hamish Marshall and conducted a site visit; Council Member Smith disclosed she had ex parte communications with Alice Davis and Jamie Lopes and conducted a site visit; Mayor Marx disclosed she had ex parte communications with Alice Davis, Stew and Diane Jenkins, Hamish Marshall, Jamie Lopes, Sandra Lakeman and conducted a site visit. Community Development Director Johnson, Community Development Deputy Director Davidson, and Senior Planner Ricci narrated a presentation entitled "Pacific Courtyards (ARC 96 -13)" and responded to Council inquiries. 1 Mayor Marx opened the public hearing. Alice Davis. Appellant, voiced concern that the applicant is unresponsive to the opinions of the neighboring residents and that the project would disrupt the ambiance of the neighborhood; spoke on the neighbors' desire to preserve the historic district, opining that the proposed development's height and mass would diminish the adjacent residences and historic church. Stewart Jenkins, Appellant, displayed a presentation entitled "Old Town Historic District" containing photos of residences and structures that contribute to the historic district; opined that the 2008 project design was more compatible with the neighborhood; expressed concerns regarding the project's height, massing, and rooftop decks; asserted that the project does not comply with the City's Historic District Design Guidelines, pointing out that the Cultural Heritage Committee (CHC) twice denied the project; urged Council to uphold the appeals, opining that it would protect the existing nearby residences and historical resources. A hard copy of Mr. Jenkin's presentation is on file with the City. Carol Florence, Oasis Associates, representing the Applicant, stated that the applicant has modified the design based on comments from the CHC and Architectural Review Commission (ARC); urged Council to deny the appeals and uphold the ARC approval of the project. City Council Meeting Minutes — November 10, 2014 Page 8 Jonathan Watts, Cunningham Group Architecture, opined that the proposed project is compatible with the neighborhood; stated the project is three - stories and the rooftop deck should not be considered a fourth story; advised that the project renderings are drawn to scale; noted that the project's height, massing, and setbacks are compliant with the City's regulations. Robert Chattel, Preservation Architect representing the Applicant, summarized state and federal guidelines related to historic resource preservation; noted that specific elements of the project's design are intended to compliment elements of the neighboring structures, such as the church tower. David Brodie, San Luis Obispo, urged Council to require physical 3D models of infill projects in context to the neighborhood; opined that such a model would demonstrate that this project is out of character with the neighborhood; voiced concern that the project would become the dominant focus of the neighborhood. Elisabeth Abrahams, San Luis Obispo, concurred with the comments of Stew Jenkins and David Brodie. Jim Duenou, San Luis Obispo, opined that the project does not comply with the City's Historic District Design Guidelines; asserted that developers have inappropriately influenced advisory body decisions and staff. Peter Patterson, San Luis Obispo, voiced objection to the project, noting concerns with the project's massing, height, and rooftop deck; requested that Council refer the project back to the advisory bodies for design modifications. Jamie Lopes, San Luis Obispo, requested that the Council direct the ARC to ensure that projects conform to the City's Historic District Design Guidelines; recommended that the project be redesigned to remove the rooftop deck, reduce height, and address the lack of parking; opined that infill projects in the Old Town Historic District should refrain from using contemporary design. Susan Roberts, San Luis Obispo, voiced support for the project, opining that the architecture is compatible with the neighborhood; urged Council to deny the appeals and approve the project. John Evans, San Luis Obispo, opined that the proposed project is a higher and better use for the existing parking lot; recommended that Council allow the project to move forward. Buzz Kalkowski, San Luis Obispo, opined that the project's architectural style is conflicting with the adjacent structures; suggested that story poles be installed to demonstrate the project's height; voiced concern that the properties will eventually become vacation rentals or student housing. 1 City Council Meeting Minutes — November 10, 2014 Page 9 Dixie Clift, San Luis Obispo, expressed concerns regarding the project's height, ' massing, density, and rooftop decks; suggested that a bay or arch window be incorporated into the design; requested that Council refer the project back to the ARC for reconsideration. Pratish Patel, San Luis Obispo, expressed support for the project, opining that it is a better use than a parking lot; urged Council to support the ARC recommendation. Martin Indvik, San Luis Obispo, requested that Council deny the appeal and approve the project; opined that parking impacts will be mitigated by the nearby parking structure. Erik Justesen, San Luis Obispo, noted that contemporary design has been incorporated into other historical districts including China Town and Railroad Square; noted that the project meets the City's objective to increase live /work units near the downtown; urged Council to approve the project. Brian Starr, San Luis Obispo, pointed out that the project is designed to preserve the significance of the church by not competing in style; opined that the project is appropriate for the site. Greg Wynn, Chair of the ARC, advised that he is available for Council questions. Kevin Rice, San Luis Obispo, voiced support of the statements made by David Brodie; opined that the project is out of scale for the neighborhood. Hamish Marshall, Applicant, advised that he has modified the design based on public comments and CHC and ARC input; noted that a historical architect was consulted on the project's design; urged Council to deny the appeals and approve the project. Michelle Tasseff, San Luis Obispo, asserted that negative comments regarding the Thank yrooftop deck are based on assumptions about future residents' behavior; recommended that Council approve the project. Ryan Adams, Paso Robles, opined that the project would be appropriate for young professionals desiring to live in the area and requested that Council allow it to move forward. RECESS Council recessed at 8:12 p.m. and reconvened at 8:25 p.m., with all Council Members present, except Vice Mayor Christianson. City Council Meeting Minutes — November 10, 2014 Page 10 There being no others desiring to speak on this item, the public hearing was closed. During the course of discussion, individual Council Member(s) expressed opinions concerning the project. The statements that follow do not necessarily reflect Council consensus: 1) The 2008 project design was more appropriate, compatible, and complementary to the neighborhood; 2) The project's design, height, and massing are inconsistent with the City's Historic District Design Guidelines; 3) Underground parking is preferred and should be reconsidered; 4) Front porches are characteristic of the neighborhood; 5) The project's design sharply contrasts and distracts from the surrounding historic resources, impedes views of said resources, and does not preserve the historic context of the neighborhood. MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR MARX, CARRIED 3 -1 -1 (COUNCIL MEMBER ASHBAUGH VOTING NO AND VICE MAYOR CHRISTIANSON RECUSED), to amend the below motion to require that the matter return to Council following consideration by the Architectural Review Commission and Cultural Heritage Committee. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 4 -0 -1 (VICE MAYOR CHRISTIANSON ABSTAINING), to: 1. Uphold the appeal of the Architectural Review Commission's action to grant final approval to a mixed -use project located at 1321 & 1327 Osos Street (ARC 96 -13), without prejudice. 2. Refer the project design back to the Architectural Review Commission and Cultural Heritage Committee for a joint meeting, with direction that the City's Historic District Design Guidelines be followed. RECESS Council recessed at 9:02 p.m. and reconvened at 9:11 p.m., with all Council Members present. 1 1 1 City Council Meeting Minutes — November 10, 2014 Page 11 62. DISCUSSION OF COUNCILMEMBER ASHBAUGH CLOSED SESSION 1 DISCLOSURE Council Member Ashbaugh announced that he was wrong and song and regrets that this matter must use the City's valuable time and trusts that Council will do what is in the best interests of the City; .recused himself from further discussion and left the Chamber at 9:13 p.m. City Attorney Dietrick reviewed the contents of the Council Agenda Report and responded to Council inquiries. Linda White, San Luis Obispo, expressed disapproval that Council Member Ashbaugh breached closed session confidentiality and made uncivil remarks towards Council Member Carpenter. Amena Roulman, San Luis Obispo, pointed out that Council Member Ashbaugh has accepted responsibility and apologized for his comments, suggesting that Council should move on from this incident. Michelle Tasseff, San Luis Obispo, voiced concerns that Council Member Ashbaugh has displayed a disrespectful demeanor and made outbursts at public meetings; spoke on the importance of the City protecting itself in litigation and not ' allowing this matter to set precedence. Joseph Abrahams, San Luis Obispo, spoke on Council Member Ashbaugh's scrupulous nature and integrity; noted that Council needs to maintain professionalism; urged Council to move forward from this incident. Patricia Andreen, San Luis Obispo, opined that Council Member Ashbaugh's disclosure was unintentional and it would not be appropriate to make a referral to the Grand Jury or to proceed with censure. Gordon Mullin, San Luis Obispo, pointed out that Council Member Ashbaugh has taken responsibility for his error and apologized; suggested that Council take the least stringent method of condemnation. Dawn Leg% San Luis Obispo, noted that Council Member Ashbaugh has taken responsibility for his comments and has since apologized; expressed hope that these proceedings will curb Mr. Ashbaugh's verbosity in the future. Dan Blandford, San Luis Obispo, voiced frustration that members of Council allowed personal conflicts to impede the public's business; urged Council to accept Council Member Ashbaugh's apology and to move forward. Eric Meyer, San Luis Obispo, stated that he was disturbed by Council Member Ashbaugh's assertion that Mr. Carpenter was unprepared for closed session; opined that inappropriate behavior should not go unaddressed. City Council Meeting Minutes — November 10, 2014 Page 12 Bob Shanbrom, San Luis Obispo, opined that Mr. Ashbaugh's comments did not 1 disclose any closed session information of substance and is not a Brown Act violation; suggested that the Mayor or City Attorney should intervene if closed session discussions are mentioned in open session. Kevin Rice, San Luis Obispo, stressed the importance of closed session confidentiality; suggested that Mr. Ashbaugh should question himself about the propriety of resignation; noted that there was a leak of closed session information two years ago. Stew Jenkins, San Luis Obispo, addressed the need for free debate, noting the rights granted to members of the Legislature; recommended that Council reconsider the appropriateness of a censure policy against its own members. Following council members expressing individual opinions, there was consensus by all of the council members present not to pursue a grand jury referral or censure; each council member expressed her /his criticism, disapproval, and condemnation of Council Member Ashbaugh's comments made on October 21, 2014 that may have disclosed closed session information; no formal action was taken. LIAISON REPORTS Council liaison reports were received from Council Member Ashbaugh and Vice Mayor Christianson. COUNCIL COMMUNICATIONS None. ADJOURNMENT The City Council adjourned at 10:25 p.m., to a Special Meeting to be held on Thursday, November 13, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California, for the purpose of reviewing and discussing background information for the 2015 -17 Goal Setting and Financial Plan process. The next Regular Meeting will be held on Tuesday, November 18, 2014 at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California. ntho . City Clerk APPROVED BY COUNCIL: 12/02/2014