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Home My WebLink About10-03-2017 Minutes. ,;, Council Minutes T. City Hall, 990 Palm Street, San Luis Obispo Tuesday, October 3, 2017 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 3, 2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Acting Assistant City Manager; and Carrie Gallagher, 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 Christianson led the Pledge of Allegiance. MOMENT OF SILENCE. FOR LAS VEGAS TRAGEDY Mayor Harmon led a moment of silence for those injured or lost at this past weekend's tragic event in Las Vegas. PRESENTATIONS 1. PROCLAMATION - INDIGENOUS PEOPLES DAY Mayor Harmon provided presentation of a proclamation to Mona Olivas Tucker, Kelsey Shaffer, Claribel Terrill, Lisa Dignan, Lorie Laguna, Wendy Lucas, Art Cabada Jr., and Susie Velarde, representing the Northern Chumash Tribe of San Luis Obispo County and Region, proclaiming October 9, 2017 as "Indigenous Peoples Day" San Luis Obispo Page 1 San Luis Obispo City Council Minutes of October 3, 2017 Page 2 2. PROCLAMATION - FIRE PREVENTION WEEK Mayor Harmon provided presentation of a proclamation to Fire Chief Garret Olson and Fire Marshall Rodger Maggio, proclaiming October 8-14, 2017 as "Fire Prevention Week" and urged all City residents to support the many public safety activities and efforts of the City of San Luis Obispo's fire and emergency services during Fire Prevention week 2017. 3. PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH Mayor Harmon provided presentation of a proclamation to Christine Johnson, Kristen Rambo, Robin Mitchell Hee, and Keith Dunlop, representing the Women's Shelter Program of San Luis Obispo County, proclaiming October 2017 as "Domestic Violence Awareness Month." 4. ADMINISTRATION OF THE OATH OF OFFICE TO THE NEW CITY OF SAN LUIS OBISPO CITY MANAGER. DEREK JOHNSON City Clerk Gallagher administered the Oath of Office to newly appointed City of San Luis Obispo City Manager, Derek Johnson. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Marcia Alter, Home ShareSLO Renny Strong Janine Rands, City Farm of SLO Jean'ne Harry Busselen ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 5 thru 12. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 6. MINUTES OF SEPTEMBER 5 2017 AND SEPTEMBER 19 2017 CARRIED 5-0, to approve the minutes of the City Council meeting of September 6, 2017 and September 19, 2017. San Luis Obispo City Council Minutes of October 3, 2017 Pe3e3 7. ADOPTION OF AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND AVILA RANCH,LLC CARRIED 5-0, to adopt Ordinance No. 1639 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, approving the development agreement between the City of San Luis Obispo, a Charter City, and Avila Ranch LLC." 8. ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 175 VENTURE DRIVE FROM BUSINESS PARK/SPECIFIC PLAN AREA (BP -SP) AND CONSERVATION/OPEN SPACE/SPECIFIC PLAN AREA (C/OS/SP) TO BE CONSISTENT WITH THE AVILA RANCH DEVELOPMENT PLAN AND WITH THE GENERAL PLAN AND AIRPORT AREA SPECIFIC PLAN AS AMENDED CARRIED 5-0, to adopt Ordinance No. 1638 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, rezoning property at 175 Venture Drive from Business Park/Specific Plan Area (BP -SP) and Conservation/Open Space/Specific Plan Area (C/OS-SP) to be consistent with the Avila Ranch Development Plan and with the General Plan and Airport Area Specific Plan as amended, collectively known as the "Avila Ranch" Area, identified in the General Plan as Special Focus area 4 ("SP -4")." 9. ADOPTION OF AN ORDINANCE ADDING CHAPTER 15.15 TO PROVIDE AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS: AND AMENDING CHAPTER 15.04.020 F.2 OF THE MUNICIPAL CODE TO ADOPT FINDINGS OF FACT TO SUPPORT A PRIOR AMENDMENT CARRIED 5-0, to adopt Ordinance No. 1637 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code by adding Chapter 15.15 to provide an expedited and streamlined permitting process for electric vehicle charging stations and by amending Section 15.04.020 F.2 of Chapter 15.04 to adopt findings of fact to support the amendment of the California Building Code." 10. STREETS MAINTENANCE DUMP TRUCK TRANSFER DUMP TRAILER AND SWEEPER TRUCK, SPECIFICATION NO. 91589 & 91595 REQUEST FOR PROPOSAL TO FINANCE CARRIED 5-0, to authorize the release of a Request for Proposals seeking a lender to finance approximately $600,000 for the purchase of a street sweeper and dump truck. 11. RESOLUTION CONFIRMING THE 2017-18 BUDGET'S INCORPORATION OF A LIST OF PROJECTS FUNDED BY SB -1: THE ROAD REPAIR AND ACCOUNTABILITY ACT CARRIED 5-0, to adopt Resolution No. 10834 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, confirming the 2017-18 Budget's Incorporation of a list of projects funded by SB 1: The Road Repair and Accountability Act" including the estimated useful life of the projects. San Luis Obispo City Council Minutes of October 3. 2017 Page 4 12. WATER AND WASTEWATER RATE STUDY CARRIED 5-0, to approve funding for the preparation of a Water and Wastewater Rate Study in an amount not to exceed $50,000. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 13. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY BEN KULICK OF 33 TONS, LLC) OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY A REQUEST TO ELIMINATE A BULKHEAD FEATURE AND CHANGE APPROVED BUILDING COLORS ON A REMODELED COMMERCIAL BUILDING AT 1135 SANTA ROSA STREET Council Member Gomez recused himself from the discussion due to a business and personal relationship with the appellant Mr. Ben Kulick of 33 Tons, LLC; he exited the dais at 6:48 pm. EX PARTE COMMUNICATION Council Members Christianson, Vice Mayor Rivoire and Mayor Harmon reported having no Ex Parte Communications regarding the project. Council Member Pease reported having spoken to the Chair of the ARC to get a sense of the meeting and confirm the content already on the public record. Community Development Director Codron and Assistant Planner Oetzel provided an in- depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Appellant Representative Ben Kulick, 33 Tons, LLC noted calling for the final inspection on the building and receiving approval at the staff level. He stated he was unaware that the building would not be approved "as is" only until after receiving a notice of violation. 1:07:51 He discussed the ARC's request to lower the windows and noted that after completion, the bulkhead findings, no longer made sense. He stated his belief that all guidelines were met. Thomas Richards, local business owner Lance Parker, past ARC Member Jim Agee Ping Tsau James Todd Brendan Morris Dan Copp Scott Starkey Jon Polock Todd Newman Larry Todd Manny Silva, local business owner Brian Storrs San Luis Obispo Cid Council Minutes of October 32017 Page 5 Tom Tronstad Bryan Ridley, project Architect working for Stalwork Bev Pratt John Grady, local business owner John Ashbaugh, previous Council and ARC Member Appellant Representative Ben Kulick, 33 Tons, LLC concluded his comments by noting the integrity of the process was maintained and the design guidelines were followed; he noted attempts to work with the ARC but believes that ARC has not provided clear guidelines; he stated that a modification cannot be denied based on this being a modification. ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0 (GOMEZ RECUSED) to deny appeal in part with direction to return to ARC with final determination to include the following: allow elimination of bulkhead feature and; reduce the apparent massing and scale of building on the approach to the Marsh street elevation through a change in color, texture or other means and; Staff to return at next meeting with amended resolution to reflect City Council direction. RECESS Council recessed at 8:10 p.m. and reconvened at 8:20 p.m., with all Council Members present. 14. DISCUSSION OF CITY SUPPORT FOR COUNTY OF SAN LUIS OBISPO INCLUSIONARY HOUSING PROGRAM Community Development Director Codron and Acting Housing Programs Manager Wiseman provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None ---End of Public Comment ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. Discuss the public policy purpose of an Inclusionary Housing Program; and 2. Authorize City staff to prepare a letter to the County Board of Supervisors in support of the County's Inclusionary Housing Program to be signed by Mayor Harmon. San Luis Obispo City Council Minutes of October 3, 2017 Page b 15. REVIEW OF RESOLUTION OPPOSING NEW OR EXPANDED OFFSHORE DRILLING, GAS LEASES, AND FRACKING OFF THE COAST OF SAN LUIS OBISPO COUNTY Acting Assistant City Manager Greg Hermann and Sustainability Coordinator Marcus Carloni provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Mandy Davis Mary Ciesinski, ECOSLO Janine Rands Blake Kopcho, Center for Biological Diversity Ashley Blacow, Non -Profit Oceana Andrew Christie, Sierra Club Chapter Director Molly McCabe ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to adopt a Resolution No. 10836 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, opposing new or expansion of existing offshore oil and gas leases off the coast of San Luis Obispo County and supporting measures to prohibit discharge of pollutants into the ocean" consistent with the City's Legislative Action Platform. 16. DISCUSS AND CONSIDER CREATING A COUNCIL COMPENSATION COMMITTEE FOR 2018 City Clerk Gallagher provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to begin the formation of a 2018 Compensation Committee; Council to submit names of nominated individuals to the City Clerk, review to include: 1. Review the full Council compensation package and make recommendations to the City Council no later than May 1, 2018, and 2. Review compensation for Planning Commission and Architectural Review Commission members in conjunction with its review of Council compensation. San Luis Obispo City Council Minutes of October 3 2017 Page, 7 COUNCIL COMMUNICATIONS AND LIAISON REPORTS None ADJOURNMENT Meeting adjourned at 9:22 pm to the next Regular City Council Meeting is scheduled for Tuesday, October 17, 2017 at 3:30 p.m., 4:00 p.m., and 6:00 p.m., in the City Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. Carrie Gallagher City Clerk APPROVED BY COUNCIL: 10/17/2017