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12/02/2008MINUTES ' SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 2, 2008 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, and Jan Howell Marx, and Mayor Dave Romero were present at Roll Call. Vice Mayor Allen K. Settle was seated at 4:30 p.m. City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION 1. STORM WATER PROGRAM STATUS, Public Works Director Walter introduced this item, following which City Engineer Lynch commenced the staff presentation. In response to concerns raised by Council Member Carter, City Manager Hampian explained that representatives from the local cities and County government would meet on Wednesday with the Regional Water Quality Control Board and Creative Mediation for facilitated collaboration to address concerns and assist the local agencies in meeting the mission of the Board in a way that is affordable and reasonable for the agencies. Industrial Waste Manager Floyd discussed total maximum daily loads (TMDLs) and explained that the primary of concern is the downtown area. At Council's request, staff will schedule a tour of "the tunnel" in the spring or summer, when weather permits. Utilities Director Mattingly described the collaborative countywide storm water program used in Ventura County. She said that this collaborative approach toward clean water was successful, lent itself well to saving money, and enabled small cities to take advantage of expertise that might not otherwise be available to them. She discussed the need to take a similar approach in San Luis Obispo.: 1 City Council Meeting Page 2 Tuesday, December 2, 2008 Council expressed concern about the onerous performance standards with which cities must comply. 1 Council Member Marx recommended investigating additional models which may be of benefit to the City and acknowledged the merits of Ventura County's approach. ACTION: The report was received. No further action was required. 2. 2008 -09 CITYWIDE WINTER WEATHER PREPARATION. City Engineer Barbara Lynch and Natural Resources Manager Havlik presented the agenda report and responded to questions. Mayor Romero pointed out that the clean up that was done at the San Luis Creek Bypass at Los Osos Valley Road last year was a critical flood control measure in that area. ACTION: The report was received. No further action was required. CONSENT AGENDA ACTION: Moved by Settle /Ashbaugh to approve the Consent Agenda as indicated below. TYLENE SERVICES REPLACEMENT PROJECT 1 C1. POLYBU , SPECIFICATION NO. 90871. ACTION: Moved by Settle /Ashbaugh to: 1. Approve plans and specifications for the "Polybutylene Services Replacement Project, Spec. No. 90871." 2. Authorize staff to advertise for bids and authorize the City Manager award the contract if the lowest responsible bid is within the engineer's estimate of $641,870; motion carried 5:0. C2. UNION PACIFIC RAILROAD LEASE AGREEMENT. ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10045 (2008 Series) approving a lease agreement with Union Pacific Railroad for the development of a Class 1 bicycle path along a section of the railroad corridor on the west side of California Boulevard generally between Hathway Street and the Cal Poly campus. 2. Authorize the Mayor to execute the agreement which includes accepting weed abatement and debris removal responsibilities within the city limits of the railroad corridor; motion carried 5:0. C3. AMENDMENT TO AGREEMENT FOR SLO RATTLERS' USE OF SAN LUIS OBISPO BASEBALL STADIUM. City Council Meeting Tuesday, December 2, 2008 Page 3 ACTION: Moved by Settle /Ashbaugh to authorize the Mayor to execute an amendment 1 to the original Baseball Stadium Use agreement for the SLO Rattlers to continue their use of the San Luis Obispo Baseball Stadium for the 2009 season; motion carried 5:0. COUNCIL LIAISON REPORTS Mayor Romero reported on his attendance at a recent Nacimiento Commission meeting. Council Member Ashbaugh reported on his participation in the business visitation last week. He and Council Member Marx expressed appreciation to Department Heads for the recent orientations for new Council Members. COMMUNICATIONS Councilmember Marx suggested that Council begin its meetings at 6:00 p.m. instead of 7:00 p.m. in order to avoid the late meetings. A brief discussion followed regarding the meeting time, the order of agenda items, which are set forth in Council's Policies and Procedures, and the public comment period. There was not a consensus to change the Council meeting start times. However, staff ' will survey start times for other cities. The Special Meeting adjourned at 6:10 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 2, 2008 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. City Council Meeting Page 4 Tuesday, December 2, 2008 APPOINTMENTS Al. APPOINTMENTS TO THE PLANNING COMMISSION. 1 Council Member Carter reported on the interview process, during which 17 candidates were interviewed. He explained the extensions of.the terms. Council Member Ashbaugh cautioned the Subcommittee, when considering the next vacancy, to look for someone who has the perspective of the business community at heart. ACTION: Moved by Carter /Settle to appoint Michael Boswell and Mike Draze to the Planning Commission for terms expiring March 31, 2013, and appoint Eric Meyer to the Planning Commission for a term expiring March 31, 2012. A2. APPOINTMENT TO THE BICYCLE ADVISORY COMMITTEE. City Clerk Hooper reported on the interview process and recommendation. ACTION: Moved by Settle /Ashbaugh to appoint Cheryl Lenhardt to the Bicycle Advisory Committee (BAC) to serve an unexpired term ending on March 31, 2010; motion carried 5:0. ---- -------- — --- -------- -___ -- PUBLIC COMMENT Zaki Shabbar and Mona Shabbar, owners of Zaki's Restaurant on Calle Joaquin, raised concerns regarding the presence of the homeless in the area surrounding his business and asked that the excessive vegetation be removed. Mr. Shabbar also raised concerns regarding his inability to get a sign permit using the existing pole. Community Development Director Mandeville and City Manager Hampian responded to the Shabbar's concerns. They indicated that staff would work with them on the placement of a new sign that would be in compliance with the City's sign ordinance and spoke about the efforts being done to remedy the homeless situation in the area. Allan Cooper, San Luis Obispo, discussed the findings of a Visionary Workshop sponsored by the Save Our Downtown organization on November 15th. Those in attendance were asked to identify what they thought were the key issues critical to the downtown. The top ranking issues were: 1) preservation of its character, 2) preservation of a sense of history, 3) preservation of the view of the hills and the Cerros, and 4) maintaining its small scale and intimate and compact character. Mr. Cooper's statement is on file in the City Clerk's office. Gary Fowler, San Luis Obispo, asked Council to turn control of the Ludwick Center over to the seniors and relocate the child day care program to the current Senior Center. He City Council Meeting Tuesday, December 2, 2008 Page 5 also suggested the City enter into an agreement with the Senior Community to establish ' an advisory committee to start looking for new property and planning for a new Senior Center in the future. He suggested a non - profit be established for the seniors so they could start raising funds for their future needs. Terry Mohan, San Luis Obispo, expressed concern regarding the condition of the railroad corridor (i.e., the presence of debris and graffiti) and suggested that a graffiti enforcement officer should patrol the area and the City should dedicate staff to maintaining the railroad property instead of contracting for that responsibility. Paul Boniour, SLO, Vice President of Laguna Neighbors Association, expressed concern regarding the condition of the outflow from Laguna Lake and the potential for flooding without maintenance measures. A brief discussion ensued regarding the proactive role the City has played in an attempt to maintain this area, the permit process involving other agencies, the need to protect fish habitats, and other issues that impact the maintenance in this area. Council concurred that staff should prepare a memo explaining in further detail the ways in which staff tries to balance the competing interests and approach the City is taking to address concerns in this area. PUBLIC HEARINGS t 3. TENTATIVE TRACT MAP TO CREATE 23 COMMERCIAL LOTS WITH EXCEPTIONS (143, 151 AND 163 SUBURBAN ROAD, TR 74-07). Deputy Community Development Director Davidson presented the agenda report and responded to questions. Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Settle /Marx to, as recommended by the Planning Commission, adopt Resolution No. 10046 (2008 Series) for properties located at 143, 151 and 163 Suburban Road, which: 1. approves a Mitigated Negative Declaration of environmental impact; and 2. approves the Tentative Tract Map to create 23 commercial lots, based on findings and subject to conditions and code requirements; motion carried 5:0. 1 City Council Meeting Page 6 Tuesday, December 2, 2008 BUSINESS ITEMS 4. ADDITIONAL. AFFORDABLE HOUSING FUND ALLOCATION TO ALLOW t MODERATE- INCOME. FIRST -TIME HOMEBUYERS TO PURCHASE UNITS IN THE LAUREL CREEK TOWNHOMES PROJECT. Community Development Director Mandeville introduced this item, following which Housing Programs Manager Codron presented the agenda report. Staff responded to questions. Public Comments Sandra Rowley, San Luis Obispo, spoke in support of the affordable housing program and made suggestions for expanding the outreach to qualified moderate income buyers. - -end of public comments- Housinq Programs Manager Codron reviewed the various ways in which the lottery applications were advertised and discussed ways to broaden the program and draw additional potential buyers. Council Member Carter explained why he thought that the best way to provide affordable housing is to make the land available and let a non - profit agency provide the I housing. Vice Mayor Settle, Council Members Marx and Ashbaugh, and Mayor Romero spoke in support of the program. ACTION: Moved by Marx/Settle to adopt Resolution No. 10047 (2008 Series) approving an additional $300,000 from the Affordable Housing Fund, for a total of $700,000, to be used for down - payment assistance for moderate - income, first -time homebuyers to purchase ten designated BEGIN units in the Laurel Creek Townhomes project; motion carried 5:0. 5. SENIOR CENTER PARKING LOT SPECIFICATION NO. 90803. Public Works Director Walter introduced this item, following which Supervising Civil Engineer Horn presented the agenda report. Mayor Romero said that he had discussed with staff the possibility of designing a lot that entered and exited from Buchon Street. This would be a two -way lot with 90- degree parking. It would avoid the heritage tree, barbeque pit, picnic slab, and problems in the vicinity of the children's area. He asked staff to present the preliminary layouts prepared in response to his suggestion. 1 City Council Meeting Page 7 Tuesday, December 2, 2008 At the Mayors request, Supervising Civil Engineer Horn displayed and discussed a ' revised layout based on the Mayors suggestions, as well as an aerial photograph. A brief discussion ensued during which staff responded to questions regarding the potential removal of the pump house /chlorine station and the purpose of and need for the curb cut on Buchon Street. In addition, staff advised that the low bidder had not been advised of the suggested modification. Public Comments Gabriel Kaprielian, San Luis Obispo, submitted and discussed a design he developed that would create ten new Senior Center parking spaces without major modifications to the existing site. A copy of Mr. Kaprielian's design is on file in the City Clerk's office. The speakers listed below opposed proceeding with the project. Some suggested that the space would be better used for a community garden. Cal Wilvert, San Luis Obispo Rosemary Wilvert, San Luis Obispo Anne Sinsheimer, San Luis Obispo Mary Ellen Gibson, San Luis Obispo Carol Nelson Selby, San Luis Obispo ' Cynthia Semel, San Luis Obispo Tess Goodnowott, San Luis Obispo The speakers listed below supported proceeding with the project. Marie Wilson, San Luis Obispo Kayanna Bailey, San Luis Obispo Former Council Member Paul Brown, San Luis Obispo e The speakers listed below supported a compromise and some suggested that Mr. Kaprielian's design be pursued. Craig Jacobson, San Luis Obispo Eric Meyer, San Luis Obispo Emily McBride, San Luis Obispo Lara Baxley, San Luis Obispo Valerie Endres, San Luis Obispo Council recessed at 9:10 p.m. The meeting reconvened at 9:18 p.m. with all members present. Stu Jenkins, San Luis Obispo, suggested that the solution would be to reserve more 1 parking on the street surrounding the park to spaces for handicapped persons or senior citizens. City Council Meeting Tuesday, December 2, 2008 Page 8 Charles Oldham, current Board Member and past President of the Senior Center, 1 explained that while he did not object to the proposed revisions. He explained why, however, he objected to having too many solely dedicated as handicapped spaces. Gary Fowler, San Luis Obispo, explained why he thought that the Senior Cener should be relocated to the Ludwick Center. Richard Rail, San Luis Obispo, spoke in support of the project and said that the Ludwick Center is not a feasibile site for the Senior Center. Wallace Henry, San Luis Obispo, provided membership statistics and spoke about how the Senior Center is used. Agatha Reardon, San Luis Obispo, said that use of the Ludwick Center as a Senior Center has been investigated in the past and explained why it is not a feasible site for a Senior Center. She spoke in support of the parking lot project. The following speakervalso supported pursuing Mr. Kaprielian's design: Eugene Jud, San Luis Obispo (Mr. Jud suggested alternate forms of transportation for the seniors.) Wendy Knight (Ms. Knight also suggested various transportation options.) Trevor Tyler, San Luis Obispo Russell Brown, San Luis Obispo, suported retaining the green space while providing accessibility and suggested consideration needs to be given to temporary solutions to meet the most pressing needs should be pursued. Peter McBride, San Luis Obispo, opposed the project. Megan Worthington, volunteer for Senior Nutritions, suggested there could be more creative solutions to resolve the need for more parking. Diane Wood, San Luis Obispo, expressed concern regarding the health of the heritage tree. Matt Ritter, San Luis Obispo, also expressed concern regarding the heritage tree and suggested that the current proposal should be rejected and other options should be pursued. --end of public comments— During the ensuing discussion, Council Members Ashbaugh and Carter and Mayor ' Romero spoke in support of pursuing a reduced project as suggested by Mayor Romero, while Vice Mayor Settle and Council Member Marx spoke in opposition to the project. 1 City Council Meeting"-" Page 9 Tuesday, December 2, 2008 Vice Mayor Settle explained that he was not willing to commit the funding for this project 1 because of the current budget situation. He also expressed concern about approving an alternate design that had not been previously presented. He suggested that alternatives using on- street parking around the Senior Center should be pursued. Council Member Marx expressed concern about the precedent it would set to pursue this project and discussed her opposition to paving the park. She also expressed concern about the impact the project would have on the heritage tree. She suggested that a needs assessment should be done to determine what would really benefit the seniors. She also discussed the need for a community garden. She asked that the bids be rejected and that Council consider repealing the recent amendment to the Master Plan for the park. ACTION: Moved by Carter /Ashbaugh to direct staff to negotiate a change order with the low bidder to reduce size of project consistent with the concept set forth this evening by the Mayor, and direct staff to return to the Council on January 6th with a proposed design and cost for final action by the Council; motion carried 3:2 (Marx/Settle opposed). Following a brief discussion, Council concurred that: 1. The Utilities Director should return with a report regarding the pump house /chlorine station during the mid -year budget review in February. 2. The Parks and Recreation Director should return with a t report regarding community gardens (including management of existing gardens, use fees, and options for additional gardens) to be brought to Council no later than its second meeting in January. 3. Staff should return to Council with recommended strategies regarding management of the new Senior Center parking lot prior to the opening of the new lot. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:00 p.m. Audrey Hoop r City Clerk APPROVED BY COUNCIL: 01/06/08 7