Loading...
HomeMy WebLinkAbout02-17-2015 C2 Council MinutesMINUTES CITY OF SAN LUIS OBISPO SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL Tuesday, December 16, 2014 Special Meeting – 4:00 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, December 16, 2014 at 4:00 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 Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, 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. STUDY SESSION SS1. REVIEW OF RENTAL HOUSING INSPECTION PROGRAM OPTIONS Community Development Director Johnson and Chief Building Official Lease narrated a presentation entitled “Rental Housing Inspection Program Options” and responded to Council inquiries. Sharon Whitney, San Luis Obispo, voiced support for the creation of a rental housing inspection program; pointed out that an inspection program will identify issues not visible from the exterior. Grace Dempsey, San Luis Obispo, voiced concern that property managers are sometime unresponsive to resident maintenance request; noted that notification of inspection will prompt residents to clean-up prior to inspection. C2-1 City Council Meeting Minutes – December 16, 2014 Page 2 Genevieve Czech, San Luis Obispo, voiced support for a rental housing inspection program; advised that rental housing has dramatically increased in her neighborhood, opining that these changes have negatively impacted public safety. Camille Small, San Luis Obispo, stated that a rental housing inspection program will provide options for tenants that are reluctant to report maintenance issues to landlords; urged Council to adopt the proposed ordinance. Pat Dempsey, San Luis Obispo, opined that a rental housing inspection program would be poorly enforced and is intended only to generate revenue for the City. Charlene Rosales, representing the Chamber of Commerce, questioned whether the volume of complaints warrant the creation of a rental housing inspection program and whether it will result in an improved housing stock; conveyed support for a self-certification program, expanded tenant/landlord education, and weatherization assistance. Pete Peterson, property manager and owner, voiced objection to a rental housing inspection program, asserting such a program is punitive to property owners; opined that the City should continue with a complaint-based program and allow for self-certification. Jeannette Watson, Arroyo Grande, opined that a rental housing inspection program should be limited to addressing matters of health and safety; recommended that the program’s intent should be better defined. Linda Shinn, San Luis Obispo, voiced objection to the proposed inspection program, noting that it singles-out a single type of property use; recommended that the City focus on education and outreach related to tenant/landlord rights. Steven Ferrario, San Luis Obispo, voiced concern that a rental housing inspection program would be overly intrusive on citizens; opined that focus should be given to education and outreach. Sandra Rowley, representing Residents for Quality Neighborhood (RQN), voiced support for a rental housing inspection program, noting that other cities have successfully implemented similar programs; opined that such a program would benefit the overall health of the community. Nikki Anderson, Realtors Association, voiced concern that a rental housing inspection program gives an anti-investor sentiment; pointed out there are residents that prefers rental-living and there is no difference between an owner- occupied or rental unit in disrepair. Annette Shanks, San Luis Obispo, expressed opposition to a rental housing inspection program, noting that the majority of property owners are good operators and tenants are knowledgeable of their rights; suggested that education and outreach efforts be focused on rentals in the Cal Poly area. C2-2 City Council Meeting Minutes – December 16, 2014 Page 3 Michael Sheffer, San Luis Obispo, opined that a housing inspection program should be expanded to include owner-occupied homes and enforced equally throughout the community. Dane Senser, Oceano, asserted that the proposed program is intended to generate revenue for the City; stated that the City should enforce existing regulations and urge Cal Poly to work towards rehabilitating dilapidated student rental housing. Eric Meyer, San Luis Obispo, spoke on his experience as a student living in dilapidated rentals; advised that there are problem rentals in his neighborhood. Michelle Tasseff, San Luis Obispo, stated that there is a need for a rental housing inspection program, but there should be an emphasis on educating landlords and tenants on property maintenance. Susie Brans, San Luis Obispo, opined that young professionals are not interested in purchasing homes and that has caused a surge in rental demand; opined that the proposed program would be over-bearing and make investors question purchasing property in San Luis Obispo. Carol Winger, San Luis Obispo, voiced support for the rental home inspection program, opining that the associated fees and fines are appropriate. Jacob Rogers, representing Associated Students, Inc. (ASI), suggested that the ordinance be modified to ensure fees will not be passed-through to renters. Stephanie Teaford, representing Cal Poly President’s Office, advised that Cal Poly President Armstrong supports the rental housing inspection program. Elsa Dawson, San Luis Obispo, voiced concern that the proposed program will negatively impact renters and landlords; suggested that inspections only be pursued if complaints are reported. Tom Dawson, San Luis Obispo, expressed concern that government is overreaching and intrusive. Laura Mordaun, San Luis Obispo, suggested that the City focus on problem rental properties rather than inspecting all rental housing. Ian Farmer, San Luis Obispo, voiced concern that the proposed program could displace at-risk individuals due to an increase in rents or reduction of available rental units. Steve Caminiti, San Luis Obispo, opined that proposed ordinance is too extreme and the City should take an incremental approach to the issue. C2-3 City Council Meeting Minutes – December 16, 2014 Page 4 Victor Montgomery, Avila Beach, expressed concern that the proposed program allows for interior inspections, asserting that such an approach is too intrusive and is discriminatory towards particular residential zones. Ruth Holden, San Luis Obispo, conveyed concern that the City is enacting an unenforceable ordinance; suggested that Cal Poly should take a role in monitoring student housing for health and safety issues. Odile Ayral, San Luis Obispo, voiced support for the proposed ordinance, stating that many individuals would rather move from dilapidated residences than file a complaint. Graham Updegrove, Board Member of SLO Association of Realtors, expressed opposition to a rental housing inspection program, suggesting that focus be on education of tenants rather than regulation. Steve Barasch, San Luis Obispo, conveyed opposition to the proposed rental housing inspection program; suggested that an authority be created for the purpose of fire inspection, neighborhood wellness, and addressing emergency conditions. Vanessa Rizzo, San Luis Obispo, expressed support for the proposed rental housing inspection program; stated that tenants are intimidated from complaining with threats of eviction. Linda White, San Luis Obispo, spoke in support of the proposed inspection program; stated that rental properties are businesses and should be subject to health and safety inspection. David Singer, property manager, stressed that if an inspection program is created that it be funded adequately and enforced. Steve Delmartini, Association of Realtors, pointed out that a majority of speakers tonight do not support the creation of an inspection program; voiced opposition to a rental housing inspection program. Chris Knauer, San Luis Obispo, opined that the program is an inappropriate solution to address the underlying concerns related to noise and poor tenant behavior. RECESS Council recessed at 6:01 p.m. and reconvened at 6:20 p.m., with all Council Members present. Stew Jenkins, San Luis Obispo, pointed out that the proposed program charges property owners a fee whether or not a property is found to have any violations; voiced concern that the inspection program violates citizen rights. C2-4 City Council Meeting Minutes – December 16, 2014 Page 5 Theodore de’Mout, Morro Bay, asserted that an inspection program is equivalent to a tax on rental owners and tenants; voiced opposition to the establishment of an inspection program. Katheryn Caldwell, Morro Bay, conveyed opposition to a rental housing inspection program; noted that rentals are businesses and that tenants are encouraged to reports maintenance issues. Kevin Rice, San Luis Obispo, voiced concern that City employees will be at greater risk attempting to gain entry into private residences; opined that the City is attempting to assert aggression against residents. Paul Rys, San Luis Obispo, stated that students are willing to rent substandard housing and that an inspection program would be ineffective in addressing resident concerns; suggested that focus be given to increasing the number of on-campus student housing units. Julie Tower, San Luis Obispo, advised that the Laguna Lake neighborhood is deteriorating and that the proposed program will help alleviate and address resident concerns. Kathie Walker, San Luis Obispo, voiced support for a rental housing inspection program; spoke on her experience purchasing a substandard house and the repercussions of poor property maintenance. In response to public comment, Community Development Director Johnson spoke on the average time for voluntary compliance to code enforcement violations; noted that the City does not have an agreement with Cal Poly for enforcement of a rental housing inspection program; advised that the proposed inspection program is only a component of the neighborhood wellness strategy. Fire Chief Olson advised that the multi-family housing inspection program administered by the Fire Department only inspects complexes with three- or more-units and is an exterior inspection only. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND RIVOIRE VOTING NO), to support the creation of a Rental Housing Inspection Program for single-family and duplex rental units, and continue the Fire Department’s Multi-family Inspection Program. (Council action continued on next page) C2-5 City Council Meeting Minutes – December 16, 2014 Page 6 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 3-2 (COUNCIL MEMBER CARPENTER AND RIVOIRE VOTING NO), to support a Rental Housing Inspection Program based on the following perimeters: 1. Scope of Inspection: Both exterior and interior inspections. 2. Frequency of Inspection: 3 years. 3. Incentives: a. Self-certification after passing initial inspection. b. System and standards to authorize self-certification period. 4. Disincentives: High fines or re-inspection fees. 5. Potential Exemptions: a. Owner-occupied units (or occupancy by an immediate family member without other renters). b. Units in mobile home parks. c. Publicly owned or managed housing. d. Units governed by homeowner associations. 6. Set fees at full cost recovery. Council Member Ashbaugh noted for the record that he desires for the rental housing inspection program to provide early notification of pending inspections to property owners and tenants and to allow for self-certification to extend inspection cycles or provide fee credits. C2-6 City Council Meeting Minutes – December 16, 2014 Page 7 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, December 16, 2014 at 7:23 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. PLEDGE OF ALLEGIANCE Council Member Christianson led the Pledge of Allegiance. PRESENTATIONS P1. PRESENTATION OF MUNICIPAL INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA EXCELLENCE IN INFORMATION TECHNOLOGY PRACTICES AWARD Brian Horn, representing the Municipal Information Systems Association of California, presented the Excellence in Information Technology Practices Award to the City of San Luis Obispo represented by Finance and Information Technology Director Padilla, Information Technology Manager Schmidt, and Information Technology Supervisor Guardado. PUBLIC COMMENT Donald Hedrick, San Luis Obispo, voiced concern that local governments are infringing of citizen’s constitutional rights; urged that generosity and giving be directed toward individuals in need. Patty Beck, San Luis Obispo, spoke on the mission to find housing for the 50 most vulnerable, chronically homeless in the community; encouraged the community to participate in the Welcome Home Kit Drive and the Homeless Remembrance Ceremony on December 18, 2014 at the Courthouse. CONSENT AGENDA MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 thru C9, with Council Member Carpenter registering a no vote on Item C8 and removing Item C9 for separate discussion. Mila Vujovich-LaBarre, San Luis Obispo, voiced opposition to Items C8 and C9 related to a contract amendment with Johnson Aviation and the adoption of the Airport Overlay Zone ordinance. Donald Hedrick, San Luis Obispo, opined that Item C9 related to the Airport Overlay Zone should be agendized as a business item. C2-7 City Council Meeting Minutes – December 16, 2014 Page 8 Kevin Rice, San Luis Obispo, pointed out that residents are threatening litigation on Item C9 related to the adoption of the Airport Overlay Zone. Aileen Loe, representing Caltrans, advised that Caltrans in highly interested in the viability of the airport and interregional travel; stated that Caltrans is concerned that the City is infringing onto principles of the State Aeronautics Act; encouraged Council to work with the Airport Land Use Commission in reaching compromises related to Item C9 (Airport Overlay Zone). Kathy Walker, San Luis Obispo, voiced support for Item C4 related to adding 1267 Fredericks Street to the City’s list of contributing historic resources; spoke on th e history of the residence, including that it was the home of a former Council Member in 1915-16. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. REQUEST FOR PROPOSAL FOR ELEVATOR MAINTENANCE SERVICES, SPECIFICATION NO. 91341 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Authorize issuance of a Request for Proposal (RFP) for “Elevator Maintenance Services, Specification No. 91341.” 2. Authorize the City Manager to execute an agreement of up to $11,900 to perform elevator maintenance services. C3. ONE-YEAR REVIEW OF THE MOBILE VENDOR ORDINANCE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to receive and file the Mobile Vendor Ordinance one-year review. C4. REQUEST TO ADD 1267 FREDERICKS STREET TO THE CITY’S LIST OF CONTRIBUTING HISTORIC RESOURCES - RESOLUTION MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10588 (Series 2014) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 1267 Fredericks Street to the Contributing List of Historic Resources (HIST-0511-2014 (CHC)).” C2-8 City Council Meeting Minutes – December 16, 2014 Page 9 C5. SINSHEIMER STADIUM STAIRS REPLACEMENT, SPECIFICATION NO. 91255 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Approve plans and specifications for “Sinsheimer Stadium Stairs Replacement, Specification No. 91255”. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bidder is within the Engineer’s Estimate of $109,000. 3. Approve the transfer of $7,732 from the project’s design account and $15,000 from the construction management account to the construction account at the time of bid award. C6. REQUEST FOR PROPOSAL FOR CONSULTANTS TO ASSIST WITH AMENDMENTS TO CITY’S SUBDIVISION REGULATIONS, SPECIFICATION NO. 91345 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Authorize the issuance of request for proposals (RFP) for consultant services to assist staff in updating the Subdivision Regulations, Specification No. 91345. 2. Authorize the City Manager to award a consultant services agreement in an amount not-to-exceed $50,000 to assist staff with the development of revisions to the Subdivision Regulations document provided the bids fall within the budgeted amount. C7. AGREEMENT FOR UTILITY AND BUSINESS LICENSE BILL PRINTING AND MAILING SERVICE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Approve the agreement with Cash Cycle Solutions (CCS) for a 5-year term to provide regular printing and mailing of all utility bill and business license billing and certificate renewal documents. 2. Approve waiver of insurance retention and deductibles. C2-9 City Council Meeting Minutes – December 16, 2014 Page 10 C8. AMEND SCOPE OF WORK WITH JOHNSON AVIATION FOR REMAINING COSTS ASSOCIATED WITH THE LAND USE AND CIRCULATION ELEMENTS UPDATE PROJECT AND TECHNICAL ASSISTANCE RELATED TO THE UPDATE OF THE AIRPORT LAND USE PLAN MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to authorize the Community Development Director to execute a contract amendment to fund costs associated with the Land Use and Circulation Elements update and modify the scope of work for Johnson Aviation to continue providing technical assistance to the City in its effort to work with the Airport Land Use Commission on its update the Airport Land Use Plan (ALUP). C9. ORDINANCE NO. 1610 (SECOND READING) – ORDINANCE ESTABLISHING AN AIRPORT OVERLAY ZONE, SPECIAL FOCUS AREA OVERLAY ZONE, AND AMENDING THE CITY ZONING MAP CONSISTENT WITH SPECIAL PLANNING AREAS IDENTIFIED IN CHAPTER 8 OF THE LAND USE AND CIRCULATION ELEMENT UPDATE PROJECT MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Ordinance No. 1610 (2014 Series) entitled “An Ordinance of t he City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code (GPI/ER 15-12).” (Intro. on 12/09/2014) BUSINESS ITEM B1. GENERAL FUND FIVE YEAR FISCAL FORECAST: 2015-2020 Finance and Information Technology Director Padilla and Budget Manager Lamers narrated a presentation entitled “General Fund Five Year Fiscal Forecast 2015-20” and responded to Council inquiries. Steve Barasch, San Luis Obispo, voiced concerns related to CalPERS contribution increasing and excessive development impact fees; suggested that the City reexamine its cost recovery system. By consensus, the City Council received and filed the General Fund Five-Year Fiscal Forecast for 2015-20. RECESS Council recessed at 8:38 p.m. and reconvened at 8:50 p.m., with all Council Members present. C2-10 City Council Meeting Minutes – December 16, 2014 Page 11 B2. 2015-17 FINANCIAL PLAN PROCESS - CONSIDERATION OF PROPOSED CHANGES TO THE CITY’S BUDGET POLICIES City Manager Lichtig, Finance and Information Technology Director Padilla, Assistant City Manager Codron, and Budget Manager Lamers narrated a presentation entitled “Budget Foundation Workshop December 16, 2014” and responded to Council inquiries. Andy Pease, San Luis Obispo, voiced support for the establishment of an infrastructure investment fund with prioritization criteria such as quality-of-life improvements, development of head-of-household jobs, and climate action plan implementation. Pierre Rademaker, San Luis Obispo, stated that infrastructure needs are severe and conveyed support for the creation of an infrastructure investment fund. Irmina Karim, representing the Chamber of Commerce, voiced concern that the community forum is scheduled at a time inconvenient for families with children; voiced support for the prioritization of open space acquisition, progress on paying down pension obligations and creation of an infrastructure investment fund. Bill Almas, representing Chevron, advised that Chevron supports an infrastructure investment fund; opined that such a fund would allow for the City to leverage funds to help generate additional development and revenues. It was noted that consideration of selecting an early start time should be considered for future Community Forum Budget meetings. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to: 1. Review and approve the 2015-17 Financial Plan Goal Setting Process and revision to the date of the Council’s Strategic Budget Direction meeting to April 21, 2015. 2. Receive and file the Local Revenue Measure (Measure Y) Integration Report. 3. Review and approve proposed changes or direction regarding the City’s budget policies, including: a. Direction to develop a new policy to support the creation of an Infrastructure Investment Capital Fund and return to the City Council for review in Spring 2015. b. Changes to existing reserve policies for the Fleet and Information Technology replacement funds. (Council action continue on next page) C2-11 City Council Meeting Minutes – December 16, 2014 Page 12 c. Direction to develop a new budget policy relating to reporting the City’s unfunded pension liabilities and to return to the City Council in Winter 2015 with further analysis of whether additional funding should be allocated to unfunded pension liabilities during the 2015-17 Financial Plan. d. Direction to update the City’s purchasing and procurement policies to improve operating efficiencies for City Council review in Winter 2015. B3. REALLOCATION OF BUILDING AND SAFETY TEMPORARY STAFFING RESOURCES FOR FULL TIME REGULAR STAFFING Community Development Director Johnson and Supervising Administrative Assistant Ryan narrated a presentation entitled “Reallocation of Building and Safety Temporary Staffing Resources for Full-Time Regular Staffing” and responded to Council inquiries. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 5-0, to approve the addition of a regular full-time Building Inspector and a regular full-time Plans Examiner in the Building and Safety Division of the Community Development Department. LIAISON REPORTS A council liaison report was received from Vice Mayor Ashbaugh. COUNCIL COMMUNICATIONS None. ADJOURNMENT The City Council adjourned at 9:58 p.m. The next Regular City Council Meeting will be held on Tuesday, January 6, 2015 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-12 MINUTES CITY OF SAN LUIS OBISPO SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL Tuesday, January 6, 2014 Regular Meeting – 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 6, 2015 at 6:00 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 Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members 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. PLEDGE OF ALLEGIANCE Council Member Rivoire led the Pledge of Allegiance. PROCLAMATION A. PROCLAMATION—KIWANIS CENTENNIAL Mayor Marx presented a Proclamation to Sandy Fisher, Kiwanis Division 24 Lieutenant Governor, Theo Dunn, President of the San Luis Obispo Morning Kiwanis Club, and James Shammas, President of the San Luis Obispo Afternoon Kiwanis Club, recognizing the centennial anniversary of Kiwanis International. C2-13 City Council Meeting Minutes – January 6, 2015 Page 2 PRESENTATION A. PRESENTATION REGARDING THE CAL POLY MASTER PLAN UPDATE Community Development Director Johnson introduced Linda Dalton, Interim University Planning Officer, who narrated a PowerPoint presentation regarding the Cal Poly Master Plan Update. APPOINTMENTS A1. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2015 City Clerk Mejia reviewed the contents of the Council Agenda Report and responded to Council inquiries. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Approve the Council Liaison Subcommittee assignments for calendar year 2015 as outlined in the Council Agenda Report dated January 6, 2015, with the following correction: Performing Arts Center Commission (Mayor/Vice Mayor as alternate) (Quarterly) Marx Lichtig Christianson Codron Marx Lichtig Codron Ashbaugh Codron 2. Appoint Noah Evans, Whale Rock Supervisor, to serve as the City’s alternate representative to the Paso Robles Groundwater Basin Advisory Committee and recommend that the County Board of Supervisors confirm such appointment. PUBLIC COMMENT Don Hedrick, San Luis Obispo, opined that some of the City’s ordinances violate the constitution and citizen rights. Bryan Ridley, San Luis Obispo, voiced support for the creation on parklets ; suggested that a parklet should be created near Monterey and Osos Street. John Holloman, San Luis Obispo, spoke on his experience attempting to get a home loan modification and related difficulties. C2-14 City Council Meeting Minutes – January 6, 2015 Page 3 CONSENT AGENDA MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to approve Consent Calendar Items C1 through C6. Steve Barasch, San Luis Obispo, recommended that the City initiate a review of the development impact fee; conveyed concern that high development impact fees can hinder affordable housing development. Don Hedrick, San Luis Obispo, opined that Item C3 related to the City Council Meeting schedule be agendized as a business item; spoke on the need for the City to address maintenance of open space. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETINGS OF NOVEMBER 13, 2014, AND NOVEMBER 18, 2014, AND DECEMBER 1, 2014 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to approve the Minutes of the City Council meetings of November 13, 2014, November 18, 2014, and December 1, 2014. C3. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Reschedule the Regular City Council Meeting of April 7, 2015 to March 31, 2015. 2. Cancel the Regular City Council Meeting of August 4, 2015. C4. FISCAL YEAR 2013-14 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Review the 2013-14 Fiscal Year Report on Development Impact Fees. 2. Adopt Resolution No. 10589 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2013- 14 Annual Report on Development Impact Fees and reaffirming the necessity of Development Impact Fees.” C2-15 City Council Meeting Minutes – January 6, 2015 Page 4 C5. COLLECTION SYSTEM POINT REPAIRS 2015, SPECIFICATION NO. 91306 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Award a contract with D-Kal Engineering, Inc., in the amount of $149,194.89 for the Collection System Point Repairs 2015, Specification No. 91306. 2. Approve the fund transfer amount of $178,000 from the Collection System Improvement Master Account Specification No. 90239 to the Collection System Point Repairs 2015 project’s construction phase. C6. REQUEST FOR PROPOSALS FOR APPRAISAL SERVICES FOR OPEN SPACE ACQUISITION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Authorize the issuance of a Request for Proposals for Appraisal Services for Open Space Land Acquisition in furtherance of the City’s Greenbelt Protection Program. 2. Authorize the City Manager to award a consultant services agreement in an amount not-to-exceed $50,000 consistent with the available budget for these projects. PUBLIC HEARING PH1. CONSIDERATION OF ALLOWING OWNER-OCCUPIED HOMESTAY RENTALS – RESOLUTION AND ORDINANCE INTRODUCTION Community Development Director Johnson and Special Projects Manager Hermann narrated a presentation entitled “Homestay Ordinance” and responded to Council inquiries. Mayor Marx opened the public hearing. Jeff Eidelman, San Luis Obispo, noted that he is a member of SLO Hosts and Residents for Quality Neighborhoods (RQN), thanked Council and staff for bringing the ordinance forward; urged Council to adopt the proposed ordinance. Sky Bergman, San Luis Obispo, expressed support for the ordinance, but with the revision that the owner only be required to be nearby, rather than on-site, from 11 p.m. to 6 a.m. C2-16 City Council Meeting Minutes – January 6, 2015 Page 5 Catherine Doyle, San Luis Obispo, urged Council to adopt the ordinance with amendments to eliminate the notification requirements and on-site supervision between 11 p.m. to 6 a.m.; recommended that the program be complaint-based and that noise and parking requirements be posted in the residence. Barrie duBois, San Luis Obispo, encouraged Council to adopt the proposed ordinance. Linda White, San Luis Obispo, suggested that the entitlement for a homestay use be granted as an operator permit, rather than running with the land. Carolyn Smith, San Luis Obispo, urged Council to deny the ordinance, or revise it to include concentration limits and proactive code enforcement. Camille Small, San Luis Obispo, urged Council to exercise caution if adopting the ordinance and include provisions for neighbor notification. Annette Pool, San Luis Obispo, voiced her support for the homestay program. D. Rosh Wright, San Luis Obispo, urged Council to adopt the Ordinance with the elimination of an 11 p.m. curfew for property owners. Donald Hedrick, San Luis Obispo, voiced opposition to the adoption of the ordinance at this time. Jim Culver, San Luis Obispo, voiced support for the proposed ordinance and encouraged Council adoption. Minke WinklerPrins, San Luis Obispo, recommended that Council adopt the proposed ordinance. Donna Lewis, San Luis Obispo, conveyed support for the homestay ordinance and recommended Council adoption. Mary Lou Johnson, San Luis Obispo, expressed opposition to the proposed ordinance. Sandra Rowley, representing Residents for Quality Neighborhoods, stated that adoption of the ordinance will essentially place a tourist commercial overlay over residences throughout the city; recommended that homeowners must be present where there are guests on-site, inclusion of regulations for revocation, and limits on the number of rental days. Kurt Friedmann, San Luis Obispo, voice support for the ordinance, but revised to treat homestays the same as long-term rentals; noted that vacation rentals and homestays have had very limited complaints filed in the past. C2-17 City Council Meeting Minutes – January 6, 2015 Page 6 John Semon, San Luis Obispo, expressed support for the ordinance, but revised to eliminate the requirement that the owner be required to be on-site from 11 p.m. to 6 a.m. There being no others desiring to speak on this item, the public hearing was closed. RECESS Council recessed at 8:30 p.m. and reconvened at 8:46 p.m., with all Council Members present. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to: 1. Introduce Ordinance No. 1611 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code regarding Homestay Rentals and approving the Negative Declaration of Environmental Impact (CODE 0058-2015),” amended as follows: a. Add Section B.3., Owner Occupancy, which shall read “A lawfully permitted dwelling that is occupied by the owner(s) named on the property deed as their primary residence and is occupied by them for the major portion of the year.” b. Add Section B.4., Responsible Party, which shall read “A person over the age of 18 who is designated by the owner of the property as a point of contact for the homestay rental in the event the owner occupier is not on the property at all time during the rental to answer for the maintenance of the property and conduct and acts of homestay guests. The responsible party’s contact information must be provided to homestay guests, adjacent neighbors and stated on the application.” c. Amend the last sentence of Section C., Permit Required, to read “Any request to waive or modify 17.08.140 D. shall require an administrative use permit.” d. Add Section D.5., which shall read “The operator of the homestay must provide the name and contact information of a responsible party in the application, if the owner occupier anticipates he or she may not be on the premises at all times during the homestay rental.” (Council action continued on next page) C2-18 City Council Meeting Minutes – January 6, 2015 Page 7 e. Amend the Section E.4. to read “At all times when a homestay rental is occurring, the owner or responsible party must be within a fifteen (15) minute drive of the property. The owner or responsible party must be available via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the homestay. Contact information for the owner and responsible party must be provided to homestay guests, adjacent neighbors and stated on the application.” f. Add Section E.5., which shall read “Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay application shall be required within 60 days of the transfer. Failure to submit a new application as required within 60 days shall result in the termination of the existing permitted use.” 2. Adopt Resolution No. 10590 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, reinstating enforcement of the Vacation Rental Prohibition and establishing an amnesty period (of ninety days) for unpaid transient occupancy tax for homestay rentals.” Council requested that staff provide a memo on the status of the Homestay Rental Ordinance after one-year of implementation. BUSINESS ITEM B1. REVIEW OF THE REMOVAL OF 742 MARSH STREET FROM THE CITY’S LIST OF CONTRIBUTING HISTORIC RESOURCES (CITY FILE CHC 151-14) Council Member Carpenter recused himself from deliberations on this item due to his ownership of property within 500’ of the subject site; left the Chamber at 8:56 p.m. Community Development Director Johnson and Senior Planner Dunsmore narrated a presentation entitled “Review of the eligibility of 742 Marsh Street as a designated Historic Resource” and responded to Council inquiries. The following individuals voiced support for the delisting of 742 Marsh Street from the City’s list of historic resources: Ariel Shannon, owner of Blue Bird Salon located at 742 Marsh Street. Brian Engleton, San Luis Obispo Curtis Campbell, San Luis Obispo Janina Cannon, San Luis Obispo Mike McNamara, property owner of 742 Marsh Street C2-19 City Council Meeting Minutes – January 6, 2015 Page 8 Sarah Twisselman, San Luis Obispo Jill Stollmeyer, San Luis Obispo Blake Beltram, San Luis Obispo Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0 (COUNCIL MEMBER CARPENTER RECUSED), to adopt Resolution No. 10591 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, removing the property located at 742 Marsh Street from the Contributing List of Historic Resources in the Downtown Historic District (CHC 151-14).” LIAISON REPORTS Council liaison reports were received from Council Member Christianson, Vice Mayor Ashbaugh, and Mayor Marx. COUNCIL COMMUNICATIONS Council referred the inquiries related to the establishment of parklets to staff for follow- up as appropriate. ADJOURNMENT The City Council adjourned at 9:42 p.m., to a Community Forum on the City’s Goal Setting/Budget Process to be held on Tuesday, January 13, 2015 at 6:00 p.m. in the Ludwig Community Center, 864 Santa Rosa Street, San Luis Obispo, California. The next Regular City Council Meeting will be held on Tuesday, January 20, 2015 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-20