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HomeMy WebLinkAbout01-19-2016 Minutes,3 Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, January 19, 2016 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, January 19, 2016 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 John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Council Member Ashbaugh joined the meeting at 4:04 p.m. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; Traci McGinley, City Clerk; John Paul Maier, Assistant City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. BUSINESS ITEM 1. PALM NIPOMO PARKING STRUCTURE Public Works Director Grigsby and Public Works Deputy Director Bochum presented a PowerPoint presentation entitled "Palm Nipomo Parking Structure" and presented the contents of the report. Bryce Engstrom, San Luis Obispo Little Theatre, Kevin Harris, San Luis Obispo Little Theatre, Damien Mavis, The Creamery, Charlene Rosales, Chamber of Commerce, Dave Hannings, San Luis Obispo, and Amy Kardel, San Luis Obispo, provided comments in support of the project. Donald Hedrick, San Luis Obispo, and Gregg Menges, San Luis Obispo, provided comments and concerns regarding the project. San Luis Obispo Page I San Luis Obispo City Council Minutes of January 19, 2016 Pape 2 Public Works Deputy Director Bochum addressed comments and concerns by the public. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to amend page 11 of the Agenda Packet: Thursday (Average) 12:00 p.m. -2:00 p.m. Chart from 645 spaces to 852 spaces and to approve staff recommendations for the Palm Nipomo Parking Structure to: 1. That the City move forward with environmental review and final design for the project. 2. That design objective of 400-445 spaces be maintained. 3. Direct staff to return to Council at the 2016 Parking Fund Review with recommendations for improved parking information systems to direct the public towards available supply. 4. Direct staff to return with a plan to Council that articulates a partnership with the Downtown Association, Chamber of Commerce, Rideshare and local businesses (including the County) to create a parking demand and trip reduction program to more effectively use parking supply in the Downtown area. 5. Provide direction to staff to move forward with developing a proposed Memorandum of Agreement with SLO Little Theater for use of a portion of the Palm Nipomo project and return to Council with a review of fundamental terms of the agreement for final negotiations of the MOA. An informal welcome celebration for new Police Chief Deanna Cantrell was held immediately following the 4:00 p.m. meeting in the Council Hearing Room. ADJOURN TO THE REGULAR MEETING OF JANUARY 19, 2016 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 19, 2016 at 6:00 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 John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Council Members Absent: None PLEDGE OF ALLEGIANCE Vice Mayor Carpenter led the Pledge of Allegiance. San Luis Obispo City Council Minutes of January 19, 2016 Page 3 INTRODUCTION 2. TRACI R. MCGINLEY, CITY CLERK City Manager Lichtig provided a brief introduction. PRESENTATION 3. BADGING CEREMONY AND OATH FOR POLICE CHIEF DEANNA CANTRELL (LICHTIG/MCGINLEY — 10 MINUTES) City Manager Lichtig provided a brief introduction. City Clerk McGinley administered the Oath of Office to Police Chief Cantrell. . PUBLIC COMMENT PERIOD Sandy Simon, Citizens' Climate Lobby, spoke about a letter that she submitted to the Mayor and City Council related to climate changes and requested that the City Council consider a Resolution urging Congress to Levy a Revenue -Neutral Fee on Carbon in Fossil Fuels. Odile Aural, San Luis Obispo, spoke about a petition regarding the ratio of students vs. number of residents in the community and urged support from the City Council to address concerns relating to housing for students by working with constituents. Harry Busselen, San Luis Obispo, spoke about the health and safety of the community, relating to traffic congestion and efforts of enforcement for various bicyclist violations. Donald Hedrick, San Luis Obispo, expressed concerns with transportation challenges for the homeless people in the City. Cory Jones, San Luis Obispo, urged the City Council to consider an ordinance, concerning the ban of single use plastic water bottles. Steve Barach, San Luis Obispo, spoke about a handout submitted to the City Council, concerning the maintenance of the creek by property owners and other related responsibilities. Carolyji Smith, San Luis Obispo, spoke in support of the petition and comments provided by Ms. Odile related to Cal Poly and student housing. Steve Hansen, Citizens' Climate Lobby, spoke on the present climate changes and urged support from the City Council to consider a Resolution urging Congress to Levy a Revenue -Neutral Fee on Carbon in Fossil Fuels. Chris Gilbert. Arroyo Grande, urged the City Council to oppose any conversions of tennis courts to pickleball courts. Peggy Koteen, San Luis Obispo, spoke about the limited availability of tennis courts that are in the City. San Luis Obispo City Council Minutes of January 19 2016 Page 4 Camille Small, San Luis Obispo, expressed support to the petition and comments provided by Ms. Odile, relating to Cal Poly and student housing. CONSENT AGENDA MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to approve Consent Calendar Items 4 thru 13, with removal of Item 8 for separate consideration at the request of Council Member Ashbaugh. Council Ashbaugh noted that due to a potential conflict of interest he would recuse himself from Items 11 and 12. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF THE CITY COUNCIL MEETING OF NOVEMBER 17 AND DECEMBER 1 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to approve the Minutes of the City Council meeting of November 17 and December 1, 2015. 6. AUTHORIZE A GRANT APPLICATION FOR THE HOUSING RELATED PARKS PROGRAM MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10685 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing an application in the amount of $288,650 to the State Department of Housing and Community Development for Housing Related Parks Program funds to provide financial assistance to the Public Works department for park upgrades at Sinsheimer Park." 7. LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT, SPECIFICATION 91392, CONTRACT AWARD AND BUDGET AMENDMENT Steve Barasch, San Luis Obispo, Mila Vujovich-LaBarre San Luis Obispo, and Donald Hedrick, San Luis Obispo provided comments concerning the Laguna Lake Dredging. Natural Resources Manager Hill addressed inquiries provided by the City Council. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Award and approve a consultant services agreement with the firm MNS Engineers, Inc. ("MNS") in an amount not -to -exceed $445,000 for Laguna Lake Dredging and Sediment Management pursuant to Request for Proposals Specification No. 91392; and San Luis Obispo City Council Minutes of January 19, 2016 Page 5 2. Approve a Budget Amendment Request to move funds between phases within the Laguna Lake Dredging and Sediment Management CIP. 8. WELL SITERELINQUISHMENT A"I" 1460 CALLE JOAQUIN (QUIKV CAR WASH) Wendy Brown, San Luis Obispo, and Brian Engleton, San Luis Obispo, provided comments concerning the Well Site Relinquishment. Hamish Marshall, Quiky Car Wash, responded to correspondences and public comments related to the Well Site on the property. Utilities Deputy Director Floyd addressed inquiries provided by the City Council. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH VOTING NO), to continue the item to a date uncertain allowing counsel to explore the legal ramifications of the proposed relinquishment. 9. APPROVAL OF FINAL 2015 POTABLE WATER DISTRIBUTION SYSTEM OPERATIONS MASTER PLAN MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10686 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving a Negative Declaration of Environmental Impact and the Potable Water Distribution System Operations Master Plan." 10. APPROVAL OF FINAL WASTEWATER COLLECTION SYSTEM INFRASTRUCTURE RENEWAL STRATEGY MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10687 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving a Negative Declaration of Environmental Impact and the Wastewater Collection System Infrastructure Renewal Strategy." 11. AMENDMENT OF THE PURCHASE AND SALE AGREEMENT OF THE PALM DEVELOPMENT SITE Vice Mayor Ashbaugh recused himself from this item, as there may be a potential conflict of interest. San Luis Obispo City Council Minutes of January 19, 2016 Paae 6 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0 (COUNCIL MEMBER ASHBAUGH RECUSED), to adopt Resolution No. 10688 (2016 Series) as amended, entitled a "Resolution of the City Council of the City of San Luis Obispo, California, approving a First Amendment of Purchase and Sale -Palm Development Site, authorizing the sale of City property and authorizing the Mayor or City Manager to execute closing documents," the Mayor to execute the grant deed, and to allow the City Attorney to approve non substantive changes to the transactional documents. 12. MARGARITA & FOOTHILL. LIFT STATION REPLACEMENTS, SPEC. NO. 91214 CONTRACT AMENDMENT NO. 1 Vice Mayor Ashbaugh recused himself from this item, as there may be a potential conflict of interest. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0 (COUNCIL MEMBER ASHBAUGH RECUSED), to: 1. Approve a contract amendment of $104,854 for the design services for the Margarita and Foothill Lift Station Replacements, Spec. No. 91214. 2. Approve a Budget Amendment Request of $104,854 from Sewer Fund Working Capital to the project's design phase to support this request. 3. Approve increases in the 2016-17 construction budget from $1,100,000 to $1,600,000 and the construction management budget from $125,000 to $155,000 for the Foothill Lift Station Replacement. 13. FISCAL YEAR 2016-17 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Authorize the Police Department to submit a grant application to the Office of Traffic Safety for a Fiscal Year 2016-17 Selective Traffic Enforcement Program (STEP) not to excccd $250,000. 2. If the grant is awarded, authorize the Chief of Police to execute all grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant. San Luis Obispo City Council Minutes of January 19, 2016 Par -e 7 PUBLIC HEARINGS 14. REVIEW OF AN APPEAL (FILED BY JEFF KRAFTS OF THE PLANNING COMMISSION'S DECISION TO DENY A NEW SINGLE FAMILY RESIDENCE WITH AN ATTACHED SECONDARY DWELLING UNIT IN THE S -OVERLAY ZONE THAT INCLUDES A HEIGHT AND SETBACK EXCEPTION Prior to the Public Hearing, Council Member Ashbaugh, Vice Mayor Carpenter, and Mayor Marx explained that they met with Naomi Hoffman, a member of the community who expresses support to denial of the appeal. Council Member Rivoire met with William Cochran and Pam Orth, members of the community who express support to denial of the appeal. Mayor Marx met with Ms. Hoffman, Vice Mayor Carpenter met with Ms. Hoffinan. Community Development Director Codron and Planning Technician Bell narrated a PowerPoint presentation entitled "48 Buena Vista Avenue Use 1520-2015 (PC Appeal)," reviewed the contents of the report, and responded to City Council inquiries. Mayor Marx recessed the meeting at 7:54 p.m. Mayor Marx called the meeting to order at 8:10 p.m. Roger Frederickson, Attorney for Applicant, spoke about the appeal and directional items that were addressed by the Planning Commission. Angela Schmiede, Co -Applicant, presented a PowerPoint presentation, reviewed the contents of the report and stated that the project meets all City guidelines. Jeff Kraft, Co -Applicant, spoke about the contents of the report and presented a timeline of events regarding the project. Following discussion, the following members of the public provided comments and feedback concerning the applicant's proposal: William Cochran San Luis Obispo, Amy fardel, San Luis Obispo, Bob Schragg, San Luis Obispo, Pam Orth, San Luis Obispo, Robert Karger, San Luis Obispo, Shirley Ready, San Luis Obispo, Naomi Hoffman, San Luis Obispo, Chris Stier, San Luis Obispo, Wilda Rosene, San Luis Obispo, Camille Small, San Luis Obispo, Carolyn Smith San Luis Obispo, Jamie Lopes, San Luis Obispo, Todd Smith, San Luis Obispo, Steve Delmartin, San Luis Obispo, Pat Dellario, San Luis Obispo, H. Mels Siverson, San Luis Obispo. Following discussion, the following members of the public provided comments expressing support to the applicant's proposal: Linda White, San Luis Obispo, Donald Hedrick, San Luis Obispo, and Michelle Tasseff, San Luis Obispo. Basi Luis Obispo City Council Minutes of January 19, 2016 Page 8 MOTION BY COUNCIL MEMBER ASIIBAUGII, SECOND BY MAYOR MARX, CARRIED 4-1 (COUNCIL MEMBER CHRISTIANSON VOTING NO), to adopt Resolution No. 10689 (2016 Series) as amended, entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the construction of a single-family residence with an attached cPenndary dWe.11ing unit in the C -Overlay zone With a eategnrieal exemption from environmental review as represented in the Planning Commission agenda report and attachments dated January 19, 2016 (2390 Loomis Street & 48 Buena Vista Avenue USE -1520-2015 & SDU-1521-215)," upholding the appeal of the planning Commission's action to deny the proposed project hereby granting final approval, but denying requested exceptions application USE -1520-2015 subject to the following conditions: A use permit for construction of a single family home with direction to the applicant to work with staff and ARC to redesign the proposed home to conform with Design Guidelines without the currently proposed height and set back exceptions. Items 5-8 of Section 1 Findings are hereby deleted and Items 1-2 of Section 1 Findings of the proposed amended Resolution are hereby added in their place. LIAISON REPORTS Mayor Marx and Council Member Ashbaugh reported on City activities. COUNCIL COMMUNICATIONS By consensus, Council directed staff to agendize consideration of a resolution urging Congress to Levy a Revenue -Neutral Fee on Carbon in Fossil Fuels at a future Council Meeting. ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, February 2, 2016 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Jo Paul Maier Assistant City Clerk APPROVED BY COUNCIL: 03/15/2016