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HomeMy WebLinkAbout05-05-2015 MinutesCouncil Minutes tit 1 City Hall, 990 Palm Street, San Luis Obispo Tuesday, May 5, 2015 Regular and Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, May 5, 2015 at 4:00 p.m. in the 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. STUDY SESSION SS1. REVIEW OF WASTEWATER COLLECTION SYSTEM INFRASTRUCTURE RENEWAL STRATEGY Utilities Director Mattingly, Utilities Deputy Director Hix, and Wastewater Collection Supervisor Nance narrated a PowerPoint presentation entitled "Wastewater Collection System Infrastructure Renewal Strategy" and responded to Council inquiries. Following discussion, City Council received and filed an update on the Wastewater Collection System Infrastructure Renewal Strategy. San Luis Obispo City CowiciI Minutes of May 5, 2015 Page 2 SS2. REVIEW 2015 POTABLE WATER DISTRIBUTION SYSTEM OPERATIONS MASTER PLAN Utilities Director Mattingly, Utilities Deputy Director Floyd, and Water Distribution Supervisor Thomas narrated a PowerPoint presentation entitled "Potable Water Distribution System Operations Master Plan" and responded to Council inquiries. Following discussion, City Council received and filed an update on the 2015 Potable Water Distribution System Operations Master Plan. RECESS Council recessed at 5:26 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, May 5, 2015 at 6:00 p.m. in the 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 Vice Mayor Ashbaugh led the Pledge of Allegiance. PRESENTATION P1. PROCLAMATION - OLDER AMERICANS MONTH Mayor Marx presented a Proclamation to Julie Cox, Randy Harris, and Joyce Ellen Lippman, representing the Central Coast Commission for Senior Citizens - Area Agency on Aging, declaring May 2015 as "Older Americans Month." San Luis Obispo City Council Minutes of May S 2015 Pa e 3 P2. PROCLAMATION - MUNICIPAL CLERKS WEEK Mayor Marx presented a Proclamation to Anthony Mejia, representing the San Luis Obispo City Clerk's Office, declaring May 3 -9, 2015 as "Municipal Clerks Week." INTRODUCTION OF NEW HIRES Public Works Director Grigsby introduced the following newly -hired employees: • David Athey, Supervising Civil Engineer • Jeff Brown, Parking Manager • Robert Greenlaw, Construction Engineering Manager • Jeff Hendricks, Parks Maintenance Supervisor • Nicole Lawson, Supervising Administrative Assistant PUBLIC COMMENT Alice Loti, San Luis Obispo, thanked Council for its support of the Area Agency on Aging; summarized the purpose and mission of the California Senior Legislature, noting that it is an advocacy group for senior issues. Monica Grant, Chief Executive Officer of the YMCA, Shell Beach, expressed gratitude to the Council for its partnership with the YMCA; noted that the City and civic leaders assisted with the repaving of the parking lot serving the YMCA. Dominic Tartaglia, Downtown Association, urged Council to allocate funding for the Palm - Nipomo parking structure Environmental Impact Report and to move forward with construction Carolyn Smith, San Luis Obispo, requested that Council agendize the unruly gathering ordinance for possible revision; voiced concerns that the subject ordinance is inconsistently and ineffectively enforced. Peter Williamson, SLO Regional Rideshare, San Luis Obispo, noted that May is National Bike Month; reported on the variety of community activities being held in May to help encourage bike ridership and improve bicycle safety. Linda White, Co -Chair of Monterey Heights Neighbors, San Luis Obispo, urged Council to agendize review of the unruly gathering ordinance; opined that the ordinance has not effectively curbed large parties. Donald Hedrick, San Luis Obispo, spoke on the importance of public notification and government transparency to ensure that residents are informed of government decisions. Mila Vujovich- LaBarre, San Luis Obispo, requested that Council agendize reconsideration of the Land Use and Circulation Elements, water availability for future development, and the unruly gathering ordinance. Arnold Ruiz, San Luis Obispo, advised that he desires to meet with the City Manager or City Attorney to discuss his recommendations for improving Laguna Lake. San Luis Obispo City Council Minutes of lVia 5, 2015 Page 4 Steve Barasch, San Luis Obispo, opined that a heightened police presence along the Cal Poly perimeter would discourage large parties. In response to public comment, City Manager Lichtig advised that the Palm - Nipomo parking structure assessment is included in the Capital Improvement Plan, noting that staff will evaluate the feasibility of accelerating the project. Council Member Ashbaugh requested a staff memo regarding the number of unruly gathering citations issued and an analysis of the ordinance's effectiveness. CONSENT AGENDA MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve Consent Calendar Items Cl thru C9, with Item C7 pulled for separate discussion. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF THE CITY COUNCIL MEETING OF APRIL 21,201 MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve the Minutes of the City Council meeting of April 21, 2015. C3. REQUEST_ FOR PROPOSAL FOR CONSULTANT SERVICES FOR UPDATES TO THE CITY'S SUBDIVISION REGULATIONS MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Authorize the issuance of a Request for Proposal for consultant services to assist staff in updating the City's Subdivision Regulations. 2. Authorize the City Manager to award a consultant services agreement in an amount not -to- exceed $50,000 to assist staff with revisions to the Subdivision Regulations. C4. REVIEW AND ACCEPTANCE OF THE 2014 GENERAL PLAN ANNUAL REPORT City Manager Lichtig advised that future General Plan Annual Reports will be agendized as a Consent Calendar Item in Financial Planning years and a Business Item on alternating years. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to accept the 2014 Annual Report on the General Plan. San Luis Obispo City Council Minutes of May 5, 2015 Page 5 C5. APPROVAL OF THE FINAL MAP FOR TRACT 2353 -2 (408 PRADO ROAD, TR 120 -13) - RESOLUTION MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to adopt Resolution No. 10612 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2353 -2 (408 Prado, TR 120 -13)." C6. REQUEST FOR PROPOSAL FOR THE SLO HAPPENINGS PROMOTIONAL PLAN AND SERVICES, SPECIFICATION NO. 91357 MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Approve the issuance of a Request for Proposal for the "SLO Happenings Promotional Plan and Services, Specification No. 91357." 2. Authorize the City Manager to enter into a contract for the SLO Happenings Promotional Plan and Services, based on the recommendation of the Promotional Coordinating Committee, and provided that the 2015 -16 Community Promotions budget is approved as part of the 2015 -17 Financial Plan. C7. CITY HALL ADMINISTRATION REMODEL SPECIFICATION NO. 91290 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, FAILED 2 -3 (COUNCILMEMBERS CARPENTER AND CHRISTIANSON AND MAYOR MARX VOTING NO), to allocate the unallocated project budget of $16,500 for the installation of public art for the City Hall interior hallways which are accessible to the public. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to: 1. Approve plans and specifications for the "City Hall Administration Remodel, Specification No. 91290." 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 $132,000. Vice Mayor Ashbaugh noted for the record his support for the project, pointing out his disappointment that it will not include installation of public art nor an elevator. San Luis Obispo City Council Minutes of May 5. 2015 Page 6 C8. ALLOCATION OF FUNDING FOR THE PURCHASE OF A PRODUCTION QUALITY CAMCORDER AND EQUIPMENT MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to authorize the transfer of $14,000 from the Public, Education, and Government Access (PEG) funds to the City Clerk's Equipment Account No. 20100 -7227, for the purchase of a production quality camcorder, wireless microphone system, associated accessories, and protection plan. C9. ORDINANCE NO. 1615 SECOND READING — CODE AMENDMENT TO REMOVE COMPENSATION FOR THE CITIZENS' REVENUE ENHANCEMENT OVERSIGHT COMMISSION MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to adopt Ordinance No. 1615 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, to remove compensation of Citizens' Revenue Enhancement Oversight Commission (REOC)." (Intro. on 04/21/2015) PUBLIC HEARING PHI. RENTAL HOUSING INSPECTION PROGRAM - RESOLUTIONS - ORDINANCE INTRODUCTION Community Development Director Johnson, Chief Building Official Schneider, and Building and Safety Supervisor Comejo narrated a PowerPoint presentation entitled "Rental Housing Inspection Program" and responded to Council inquiries. RECESS Council recessed at 8:00 p.m. and reconvened at 8:13 p.m., with all Council Members present. Mayor Marx opened the public hearing. Sharon Whitney, San Luis Obispo, urged Council to adopt the Rental Housing Inspection Program (RHIP); opined that the program will enhance neighborhood wellness and improve living conditions for renters. Mary Kimble, San Luis Obispo County, voiced opposition to the RHIP as proposed; suggested that all residences should be subject to health and safety inspections. Michelle Tasseff, San Luis Obispo, conveyed opposition to the proposed RHIP; pointed out that the program will not solve the shortage of affordable housing; opined that the cost of implementing the program has been underestimated. Dave Baldwin, San Luis Obispo, expressed opposition to the RHIP, opining that the City should focus on education and outreach efforts regarding tenant and landlord rights. San Luis Obis no City Council Minutes of May 5 2015 Pa L, 7 Jacob Rogers, representing Associated Students, Inc., San Luis Obispo, recommended that a one -year sunset clause be added to the proposed ordinance; requested that Council assure that the program will not be used as a tool to target students. Anne Brown, Avila Beach, spoke against the proposed RHIP, opining that program fees may result in increased rent for tenants; stated that Cal Poly and Cuesta College should take a proactive role in educating students about their tenant rights. Carolyn Smith, San Luis Obispo, conveyed support for the RHIP; opined that landlords are running profitable businesses and inspections are a cost of business. Stephanie Teaford, representing Cal Poly President Armstrong, spoke in support of the RHIP; stated that the program is a strategy for maintaining housing standards. Mike Baumberger, San Luis Obispo, urged Council to oppose the ordinance; asserted that the program would be discriminatory, invade tenant privacy, and will result in higher rents. Mary Lou Johnson, San Luis Obispo Board of Realtors, San Luis Obispo, urged Council to deny the RHIP; opined that the City has inadequate information about rental units to enforce the program successfully. Susie Brans, San Luis Obispo, voiced opposition to the RHIP, citing concerns that it contains inadequate notification procedures. Linda White, San Luis Obispo, urged Council to ensure that the RHIP will be sufficiently funded and fully implemented; spoke on the City's previous attempts to improve neighborhood wellness. Don Ernst, San Luis Obispo, expressed opposition to the RHIP as presented, suggesting exploration of an alternative program requiring the license and registration of landlords. Steve Caminiti, San Luis Obispo, spoke in opposition to the RHIP; opined that an oversight committee should be established if the program moves forward; voiced concern that the RHIP will be overly intrusive on property owner rights. Steve Barasch, San Luis Obispo, voiced opposition to the RHIP; suggested that a sunset clause be added to the ordinance and an oversight commission be established to oversee the program. Leslie Halls, San Luis Obispo, spoke in opposition to the RHIP, asserting that it would be duplicative and an unnecessary addition of staff. Karen Adler, San Luis Obispo, voiced support for the RHIP, pointing out that it will improve health and safety conditions for renters and will improve property conditions. Victoria Wood, San Luis Obispo, expressed opposition to the RHIP; opined that the proposed program as well as the City's business license program are flawed. San Luis Obispo City Council Minutes of May 5. 2015 Page 8 Donald Hedrick, San Luis Obispo, spoke in opposition of the RHIP; asserted that neighborhoods are failing due to lack of neighborhood involvement. Brandi Morann, San Diego County, property owner in San Luis Obispo, spoke against the RHIP, opining that it violates peoples' right to privacy; stressed that inspectors should only take note of building code violations, not high- occupancy issues. Kesha Toler, Paterson Realty, Atascadero, urged Council to reject or delay the RHIP to seek additional input from realty groups. Tim Townley, San Luis Obispo, spoke in opposition of the RHIP; stated that the program will not address the underlying issue of a lack of affordable housing; suggested that the City focus on landlords that do not maintain their property. Charlene Rosales, Chamber of Commerce, spoke in favor of allowing property owners to self - certify their rental property; stressed the importance of an education and outreach program on tenant and landlord rights. Oriana Bardinelli, San Luis Obispo, spoke in support of the RHIP; voiced concern that students are living in substandard housing; asserted that landlords and property management companies are taking advantage of students. Victor Montgomery, Avila Beach, property owner in San Luis Obispo, objected to the proposed ordinance, citing concern that inspectors would enter private residences; pointed out that the Building Code is frequently updated and it would be difficult for inspectors to apply the code appropriately. Donna Lewis, Chamber of Commerce Board Member, San Luis Obispo Association of Realtors, Local Government Relations Committee, Work Force Housing Coalition Board, San Luis Obispo, expressed concerns regarding the RHIP as proposed, suggesting that inspections be completed on a 5 -7 year cycle and to allow for self - certification. Graham Upde rg ove, San Luis Obispo, conveyed opposition to the RHIP, voicing concern that the program may discriminate against property owners; opined that Cal Poly should house more students on campus. Stewart Jenkins, San Luis Obispo, asserted that the RHIP violates the State and Federal Constitutions; asserted that the proposed RHIP fees are actually a tax and should be subject to voter approval. Steve Delmartini, San Luis Obispo, voiced opposition to the RHIP; suggested that the program include a three -year sunset clause and that inspection notification periods be increased from 15 days to 30 days Sandra Rowley, Residents for Quality Neighborhoods (RQN), San Luis Obispo, expressed support for the RHIP; pointed out inspectors will only be concerned about structural issues, not personal belongs. San Luis Obispo City Council Minutes of May 5. 2015 Paae 9 Paul Rys, San Luis Obispo, spoke on the importance of Cal Poly increasing the number of students housed on campus. Kyle Jordan, San Luis Obispo, suggested that Council defer action on the matter until the public's input has been analyzed; voiced concern regarding the potential displacement of students. There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND RIVOIRE VOTING NO), to: 1. Introduce an Ordinance No. 1616 (2015 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 15.10 and establishing a Rental Housing Inspection Program," with the following modifications:. a. Section 15.10.060(A) shall read as "The Building Official shall mail a notice of scheduled inspection to the Owner of each Residential Rental Dwelling Unit to the address provided on the registration form. The Owner, or any authorized agent or legal representative thereof, shall permit an inspection of each Residential Rental Dwelling Unit by the Inspector upon ' thirty 30 calendar dam notice of the time and date of the scheduled inspection. An extension to a scheduled inspection may be granted by the Inspector. b. Section 15.10.070 shall read as "The Owner shall pay an annual non - refundable Rental Registration and Administration Fee. The fee is intended to cover a portion of the cost of administration of the rental housing inspection program for a fiscal year, exclusive of the costs covered by the Inspection, Re- inspection or Self - Certification Fees, and shall be billed and payable annually with the Business License Fee. Payment of a Business License Fee without payment of a Rental Registration Fee shall be deemed a violation of this chapter. c. Section 15.10.090(B) shall read as "HUD Section 8 Housing Units or equivalent housing units." 2. Adopt Resolution No. 10613 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, amending the City's Master Fee Schedule to add Rental Housing Inspection Program Fees." 3. Adopt Resolution No. 10614 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing an amnesty period for property owners that voluntarily seek permits for unpermitted construction for single family and duplex dwelling units subject to the City's adopted Rental Housing Inspection Program." San Luis Obispo City Council Minutes of May 5 2015 Pam 10 LIAISON REPORTS Council liaison reports were received from Vice Mayor Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS By Consensus, Council agreed that it would be unnecessary to agendize consideration of replacing the utility box art at the corner of Pismo and Broad Streets because scheduled utility box maintenance will require the artwork to be replaced. ADJOURNMENT Special and Regular City Council Meetings are scheduled for 'Tuesday, May 19, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm St r t, San Luis Obispo, California. Anthony J. Wila, MMC. City Clerk APPROVED BY COUNCIL: 06/02/2015