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Home My WebLink About01/07/2014minutes city of san Luis osispo SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, January 7, 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, January 7, 2014 at 4:30 p.m. in the City Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Manx. 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 Heather Goodwin, Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION City Attorney Dietrick requested a Closed Session to discuss the item listed on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation, Pursuant to Government Code § 54956.9 City of San Luis Obispo v. CBS Outdoor Inc., San Luis Obispo County Superior Court Case No. CV130172 B. CONFERENCE WITH LEGAL. COUNSEL — Anticipated Litigation, Pursuant to tGovernment Code § 54956.9 One (1) potential case: Kip Holland v. City of San Luis Obispo City Council Meeting Minutes — January 7, 2014 Page 2 C. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation, Pursuant to Government Code § 54956.9 One (1) potential case: April Stewart v. City of San Luis Obispo PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney Dietrick called for public comment. There was no one present desiring to speak and the Council recessed to the Closed Session. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 7, 2014 at 6:00 p.m. in the City Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. PLEDGE.OF ALLEGIANCE Council Member Carpenter led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick advised that Council took no reportable action. Public Works Director Grigsby introduced Gamaliel Anguiano as a new hire. PUBLIC COMMENT There was no one desiring to speak on items not on the agenda. CONSENT CALENDAR Michelle Tasseff, San Luis Obispo, expressed support for the mobile food ordinance and urged Council approval of Consent Item C -5. 1 City Council Meeting Minutes — January 7, 2014 Page 3 MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C6, with ' Council Members Carpenter and Smith registering no votes for Item C5. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF THE CITY COUNCIL MEETINGS OF NOVEMBER 19, 2013, DECEMBER 3, 2013, AND DECEMBER 10, 2013 MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to waive oral reading and approve the City Council Minutes of November 19, 2013, December 3, 2013, and December 10, 2013, as amended. C3. SANTA ROSA SKATE PARK PROJECT - SPECIFICATION NO. 90752 MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to: 1) Approve plans and specifications for the "Santa Rosa Skate Park Project, Specification No. 90752." 2) Authorize staff to advertise for construction bids. C4. ADOPTION OF 2013 CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS - ORDINANCE MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to adopt Ordinance No. 1595 (2013 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt and amend the latest editions of the California Building Standards Codes and adopting findings of fact to support the amendments." C5. ADOPTION OF MOBILE VENDOR ORDINANCE MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND SMITH VOTING NO), to adopt Ordinance No. 1594 (2013 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Mobile Vendors Regulations of the Municipal Code (TA 62 -12)." 1 City Council Meeting Minutes — January 7, 2014 Page 4 C6. ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION FOR 2013 MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5 -0, to: 1) Authorize staff to submit a grant application for an estimated $153,000 to the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program to fund Rescue Systems — II training for 25 firefighters. 2) Authorize the City Manager to accept and appropriate the funds to Fire Department Training Division. PUBLIC HEARING ITEMS PHI. LAND USE AND CIRCULATION ELEMENTS UPDATE (GPI /ER 15 -12) LUCE Task Force Chair Meyer summarized the efforts of the task force in updating the LUCE and thanked his fellow members for their service on the committee. Community Development Director Johnson and Community Development Deputy Director Murry narrated a PowerPoint presentation entitled "Land Use and Circulation Elements Update" and responded to Council inquires. Mayor Marx opened the Public Hearing. Donald Hedrick, San Luis Obispo, voiced concerns regarding incompatible uses in neighborhood and its impact on residents. Carolyn Smith, representing Residents for Quality Neighborhoods (RQN), voiced concerns regarding neighborhood mapping developed by staff and the task force. Sharon Whitney, San Luis Obispo, spoke on the importance of neighborhood wellness; expressed gratitude staff and task force members for their efforts on updating the LUCE; suggested that the City increase its community outreach on the LUCE Environmental Impact Report process. Sandra Rowley, representing RQN, expressed disappointment with the level of community outreach for the LUCE update; urged that the City take a proactive approach at seeking additional public input on the EIR process; presented a LUCE Task Force Minority Report which is on file with the City Clerk. There being no others desiring to speak on this item, the Public Hearing was closed. Following discussion, Council received and filed a progress report on the Land ' Use and Circulation Elements (LUCE) and directed that the special meetings established to consider the draft Elements be conducted in a chapter by chapter process. City Council Meeting Minutes — January 7, 2014 Page 5 BUSINESS ITEMS B1. 2014 LEGISLATIVE ACTION PLATFORM City Attorney Dietrick narrated a source document presentation entitled "Legislative Platform" and responded to Council inquires. Kevin J. McCarthy, Arroyo Grande, urged Council to include verbiage in the Legislative Platform which advocates for the County to prohibit hydraulic fracturing. Warrior Woman, Atascadero, spoke on the importance of preserving natural resources and voiced concerns regarding the potential hazards caused by hydraulic fracturing; urged Council to support a county -wide ban on hydraulic fracturing. Heidi Harmon, San Luis Obispo, recommended that the Council include in its Legislative Platform advocacy for a ban on hydraulic fracturing in the county. Jeanne Blackwell, San Luis Obispo, submitted a petition for the ban on hydraulic fracturing and a draft letter to the Board of Supervisors on the subject. Andrew Christie, Director of the San Luis Obispo Chapter of the Sierra Club, encouraged Council to advocate for a ban on hydraulic fracturing in the County. ' Debbie Highfill, Morro Bay, express concerns regarding the potential for environmental contamination caused by hydraulic fracturing. Donald Hedrick, San Luis Obispo, asserted that hydraulic fracturing could be used as a method of dumping toxic substances and urged Council support for a county- wide ban. Judith Stem, Los Osos, encouraged the Council to use the strongest language in letter to the Board of Supervisors regarding a ban on hydraulic fracturing. Rosemary Wilvert, San Luis Obispo, expressed gratitude to the Council for considering the inclusion of advocating for a ban on hydraulic fracturing on the City's Legislative Platform. Council discussion ensued relative to whether to: 1) support a fee on real estate transactions, other than home sales, to support affordable housing; 2) specify 'freight trains" from "trains" in relation to supporting safety enhancements for trains conveying hazardous materials through the City; and 3) include support of a statewide tax on sugar - sweetened beverages to support public health programs. Following discussion, Council Member Ashbaugh 'agreed that he would bring ' forward SB 391 California Homes and Jobs Act and SB 622 Sweetened Beverage Tax for separate Council consideration and incorporation into the Legislative Platform. City Council Meeting Minutes — January 7, 2014 Page 6 MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER ASHBAUGH VOTING I NO), to: 1) Adopt Resolution No. 10485 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing the City Legislative Action Platform for 2014 and appointment of Council Member and staff persons to act as. liaisons between the City of San Luis Obispo and the League of California Cities ", as modified. 2) Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative liaisons. Council Member Ashbaugh noted for the record that he is withholding support of the Legislative Platform until topical issues of importance have been address by Council and opined that the platform as approved contains weaknesses. 1132. ADMINISTRATIVE APPEALS PROGRAM City Attorney Dietrick, Assistant City Attorney Visveshwara, and Legal Fellow Rosen narrated a PowerPoint presentation entitled "Administrative Appeals Program" and responded to Council inquires. Michelle Tasseff, San Luis Obispo, spoke on the administrative appeals process 1 in the City of Santa Maria; spoke on the benefits of conducting administrative appeals by a Hearing Officer. Donald Hedrick, San Luis Obispo, asserted that he was previously harassed by a fire department employee and harassment complaints were not addressed by the City. Council discussed the possibility of having itself serve as the second tier of appeals, inasmuch as administrative appeals are a result of Council policy and should be reviewed by the governing body. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to: 1) Direct the Administrative Appeals Program have two levels of appeal. 2) Direct the first appeal be conducted by a hearing officer, preferably by volunteers or stipend, and the second level of appeal be conducted by the Construction Board of Appeals and /or a subcommittee thereof, with staff to consider use of an alternate second level review body for non - technical violations. City Council Meeting Minutes — January 7, 2014 COUNCIL LIAISON REPORTS Page 7 ' Liaison reports were received from Council Members Ashbaugh, Vice Mayor Christianson and Mayor Marx. COUNCIL COMMUNICATIONS None. ADJOURNMENT The City Council adjourned at 10:07 pm, to a Special Meeting to be held on Tuesday, January 14, 2014 at 5:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. A Study Session will be held on Tuesday, January 21, 2014 at 4:00 p.m. to discuss Infrastructure Financing Alternatives. The Regular meeting will commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 02/04/14 1