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HomeMy WebLinkAbout07-12-2016 Item 03 Minutes of April 19 and May 3, 2016 Council Minutes - DRAFT Tuesday, April 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, April 19, 2016 at 4:07 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. *Council Member Ashbaugh arrived at 4:07 p.m. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and 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 1. CONSIDERATION OF A KEG REGISTRATION PROGRAM Neighborhood Outreach Manager Wallace provided the staff report and reviewed a survey regarding social gatherings and purchases of keg of beer. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0 to not move forward with a municipal keg registration program and to focus continuing efforts on outreach and enforcement. 2. GOVERNMENT FINANCE OFFICERS FINANCE ASSOCIATION RECOMMENDATIONS FOR THE FINANCE AND INFORMATION TECHNOLOGY DEPARTMENT City Manager Lichtig, Assistant City Manager and Principal Analyst provided an in-depth overview of the staff report and responded to Council questions. 3.a Packet Pg. 8 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 2 Public Comment: Don Hedrick, San Luis Obispo, spoke off topic. ---End of Public Comments--- ACTION: By consensus, the City Council received and filed a report outlining recommendations from the Government Finance Officers Association for the Finance and Information Technology Department and expressed support to for the implementation recommendations identified by the Government Finance Officers Association. 3. RECONSIDERATION OF COUNCIL DIRECTION TO STAFF REGARDING DEMOCRACY VOUCHER FUNDING FOR MUNICIPAL ELECTIONS City Attorney Dietrick provided a brief introduction of the item and clarified the matter was being reconsidered by the City Council pursuant to the Council Policies and Procedures. Public Comment: The following residents urged the City Council to move forward with adopting an ordinance establishing Democracy Voucher Funding for municipal elections in San Luis Obispo: Bill Ostrander (Citizens of Congress), San Luis Obispo residents Lanyce Mills, Andrea Devitt, Terri Main, Don Hedrick, Garland Miller and Mila Vujovich-La Barre. Michelle Tasseff, San Luis Obispo, spoke in opposition to an ordinance establishing Democracy Voucher Funding for municipal elections. ---End of Public Comments--- ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS ASHBAUGH AND RIVOIRE OPPOSED NO) to direct staff not to take action regarding the citizen proposed Ordinance to create a system of Democracy Voucher. ADJOURN TO THE REGULAR MEETING OF APRIL 19, 2016 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, April 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 Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. 3.a Packet Pg. 9 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 3 Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and 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. PLEDGE OF ALLEGIANCE Council Member John Ashbaugh led the Pledge of Allegiance. 4. ANNOUNCEMENT BY LEE PRICE, INTERIM CITY CLERK, REGARDING ASSISTANT CITY CLERK JOHN PAUL MAIER'S CERTIFIED MUNICIPAL CLERK (CMC) DESIGNATION Interim City Clerk Price presented a certificate to Assistant City Clerk Maier, declaring his Certified Municipal Clerk (CMC) designation. 5. PRESENTATION BY STEPHANIE STEPHENS REPRESENTING CALIFORNIA PARK AND RECREATION SOCIETY (CPRS), PRESENTING AN AWARD OF EXCELLENCE TO THE CITY OF SAN LUIS OBISPO, REGARDING THE #PIXONPEAKS CAMPAIGN Stephanie Stephens, representing California Park and Recreation Society (CPRS) presented an award of excellence to the City of San Luis Obispo, regarding #Pixonpeaks Campaign. 6. PROCLAMATION - LOVE SLO (MARX – 5 MINUTES) Mayor Marx presented a Proclamation to Love SLO commending Chris Blake, Stephanie Buresh and the Love SLO Team of more than 600 volunteers for the hugely successful first annual Love SLO event. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Mila Vujovich-LaBarre, San Luis Obispo, expressed concerns regarding high usage of water for proposed developments in the City and announced that there will be a Community Water Forum on April 21, 2016 at the Ludwick Center. Terry Mohan, San Luis Obispo, presented photographs of 1179 San Carlos Drive and stated that there is a lack of code enforcement for the property. Carolyn Smith, San Luis Obispo, spoke about traffic congestion in the City and stressed the importance of notifying the public when there are traffic circulation improvements in the City. 3.a Packet Pg. 10 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 4 Nancy Welts, League of Women Voters of San Luis Obispo County, submitted a flyer entitled “Safe in SLO: Strategies for a Changing World” and announced that the forum will be held on April 20, 2016 at the County Board of Supervisors Chambers. Theresa Schultz, (San Luis Obispo County Employees’ Association), Arroyo Grande, urged that the City evaluate pedestrian safety at the cross walk of Santa Rosa and Monterey Street and stated that there was a recent accident that involved a County employee at that cross walk. Michelle Tasseff, San Luis Obispo, expressed gratitude to the participants of Love SLO and spoke about the Central Coast Collaborative on Homelessness (C3H) program in Santa Barbara County. Wendell Hopkins, San Luis Obispo, displayed a diagram of Exposition Drive and South Street near a construction site for an apartment complex and requested that Council direct staff to consider adding additional signage on South Street for safety measures during the construction period. Allan Cooper, San Luis Obispo, announced that the 14th Annual San Luis Obispo Walk a Mile in Her Shoes event will be held on April 30, 2016 in Mission Plaza from 10:00 a.m. to 1:00 p.m., and urged the City Council to address concerns in the community regarding violent crimes and sexual assaults. Carol Nulton, San Luis Obispo, expressed concerns with the increased traffic on Marsh Street near the United Voluntary Services Thrift Store and the Manse on Marsh an assisted living facility and urged the City Council to consider installing a lighted crosswalk system. Andrea Whiteford, San Luis Obispo, submitted correspondence to the City Council related to traffic safety concerns and stated that there has been increase in traffic accidents at the Santa Rosa and Monterey Street intersection. Gloria Becerra, Arroyo Grande, spoke about her accident at the Santa Rosa and Monterey Street pedestrian crossing and urged the City Council to consider safety changes such as lighted crosswalk systems. Dia Hurd, San Luis Obispo, spoke about her attendance at the Compatibility Workshop on March 24, 2016 regarding compatibility solutions and recommended that the program needs adequate time for public input. Jim Mallon, San Luis Obispo, reiterated comments regarding safety concerns at the Santa Rosa and Monterey Street intersection. David Brodie, San Luis Obispo, expressed concerns with items that are brought before commissions and specifically to the purview of proposed projects. Bob Lucas, San Luis Obispo, spoke about the upcoming Water Community Forum and asked City staff to review and respond to his questions at the forum. 3.a Packet Pg. 11 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 5 Cheryl McLean, San Luis Obispo, expressed concerns related to the spending of Measure Y and G funds for capital improvement projects and urged Council to consider future developments carefully due to the community’s concerns on traffic at the Santa Rosa and Monterey Street intersection. Caileigh Hostetter, San Luis Obispo, expressed support to the Zero Net Energy 2020 Plan for residential areas to acquire alternative energy and efficient sources of energy such as solar panels. Don Hedrick, San Luis Obispo, expressed concerns regarding reduced budgets for recycling centers and the closure of these facilities. Matt Baer, Cal Poly Student Government, spoke about the annual “Serve SLO Day” which allows the community and students to come together to conduct trash clean up on Foothill and Hathway Streets and stated that the event will be held on April 30, 2016 at Cal Poly from 10:00 a.m. to 12:30 p.m. City Manager Lichtig addressed and clarified communications provided by the public’s comments and concerns. CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0 to approve the consent Calendar Items 7 thru 11. 7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 8. MINUTES OF FEBRUARY 16, MARCH 1 AND MARCH 3, 2016 CARRIED 5-0 to approve the Minutes as amended, of the City Council meetings of February 16 as amended, March 1 and March 3, 2016. 9. PARKS MAINTENANCE DUMP TRUCK REPLACEMENT, SPECIFICATION NO. 91408 CARRIED 5-0 to: 1. Authorize the Finance Director to purchase a dump trailer and aerator tractor attachment with funding originally approved to purchase a dump truck for use by the Parks Maintenance program. 2. Authorize the solicitation of bids for an aerator tractor attachment and execute an agreement if the lowest responsible bid is within the Fleet Manager’s maximum cost estimate of $35,000.00. 3.a Packet Pg. 12 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 6 3. Authorize the surplus designation of Fleet Asset No. 9104 Dump Truck and 0131-A4 aerator tractor attachment, by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. 10. FLEET REPLACEMENT ACCELERATION CARRIED 5-0 to: 1. Approve acceleration of three vehicle replacements from FY 2016-17 to FY 2015-16 due to the extended period of time between order and receipt; and 2. Approve the lease purchase of one 2016 Pierce Arrow XT PUC 75’ Quint Aerial Fire Apparatus in the amount of $894,650; and 3. Approve the lease purchase of one 2016 International/Tymco Street Sweeper Truck in the amount of $246,817.60; and 4. Authorize the City Manager, Finance Director and City Attorney to execute all related documents on behalf of the city to execute a five year agreement with PNC Equipment Finance to accomplish these two lease purchases; and 5. Authorize the Finance Director to execute the purchase orders in the amounts noted and associated with the fleet replacements; and 6. Approve revenue appropriation of $36,096 from the Fleet Sale of Surplus Property fund and expenditures of $36,096 for Command Vehicle CIP ($16,247) and Ambulance/Squad CIP ($19,849) for new equipment requirements for Ambulance/Squad and Command Vehicle; and 7. Authorize the surplus designation of Fleet Asset No. 9403, a 1991 Pierce 75’ Quint, Fleet asset 0021, a 2000 Chevrolet Tahoe, and Fleet Asset No. 0317, a 1998 Ford E350 Ambulance, Fleet Asset No. 0206 2001 Freightliner/Tymco Sweeper Truck by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480; and 8. Adopt a Resolution No. 10705 (Series 2016), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the lease purchase of a fire engine and street sweeper from PNC Equipment Finance, LLC and approving the final form of financing documents and official actions.” 11. REQUEST FOR PROPOSALS FOR BUSINESS LICENSE COMPLIANCE SERVICES By consensus, the City Council directed staff to identify the capability of accessing information from the database by way of searching by address. 3.a Packet Pg. 13 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 7 CARRIED 5-0 to authorize the issuance of a Request for Proposal for Business License Compliance Services and authorize the City Manager to enter into an agreement not to exceed $32,000 for 2015-2016 and $30,000 for 2016-2017. PUBLIC HEARINGS 12. REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO ACQUIRE AND REHABILITATE 55 AFFORDABLE HOUSING UNITS AT 1092 ORCUTT ROAD, 1102 IRONBARK, AND 1363 PISMO STREET Community Development Director Codron and Planning Technician Wiseman provided a detailed staff report. Staff responded to Council questions. Public Comments: The following residents spoke in support of Item 12: Scott Smith (Housing Authority of San Luis Obispo) and Steve Delmartini, San Luis Obispo. ---End of Public Comments--- The City Council conducted a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 10706 (Series 2016), entitled “A Resolution of the City Council of San Luis Obispo, California, approving the incurring of a tax exempt obligation by the Housing Authority of the City of San Luis Obispo for the purpose of providing financing for the acquisition and rehabilitation of Laurel Creek, Ironbark, and Pismo Buchon Apartments.” 13. REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO DEVELOP 46 AFFORDABLE HOUSING UNITS AT 3680 BROAD STREET Community Development Director Codron and Planning Technician Wiseman provided a detailed staff report. Staff responded to Council questions. Public Comments: Scott Smith, Housing Authority of San Luis Obispo spoke in favor of Item 13. Donald Hedrick, San Luis Obispo, expressed concerns related to parking for this project. 3.a Packet Pg. 14 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 8 ---End of Public Comment--- Community Development Director Codron addressed the comment provided by the public regarding parking. The City Council conducted a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0 to adopt Resolution No. 10707 (Series 2016), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the incurring of a tax exempt obligation by the Housing Authority of the City of San Luis Obispo for the purpose of providing financing for the construction of Iron Works Apartments.” 14. CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF SECTION 17.22.010 OF THE CITY’S ZONING REGULATIONS TO CONDITIONALLY PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS PARK ZONE IN THE AIRPORT AREA; CONSIDERATION OF A RESOLUTION AMENDING THE AIRPORT AREA SPECIFIC PLAN TO ALLOW A NIGHT CLUB LAND USE (LIVE INDOOR/OUTDOOR ENTERTAINMENT) WITHIN THE BUSINESS PARK ZONE AND APPROVING A USE PERMIT TO ALLOW A NIGHT CLUB (LIVE INDOOR/OUTDOOR ENTERTAINMENT) AND OFF-SITE PARKING AT 855 AEROVISTA PLACE (SLO BREW) Community Development Director Codron and Planner Cohen provided a detailed staff report. Staff responded to Council questions. Public Comments: The following San Luis Obispo residents expressed concerns related to sound amplification, times of concerts and events: Bonnie McKim, Nancy Weltz, Carolyn Smith, Tom Kykol, Olivia Larson, Mila Vujovich-LaBarre, Kim Warmley, and Mike Clark. The following San Luis Obispo residents expressed support to the proposed project: Michelle Tasseff, Linda Healy, Josh Christensen (Side Car) Brian Kerr, Lisa McCann, Donald Hedrick, and Chuck Braff. ---End of Public Comments--- Applicant Hamish Marshall (Co-Owner of SLO Brew) and Steve Pults (Auzco Development) provided a brief presentation and spoke on the merits of the proposed project. Council questions followed. 3.a Packet Pg. 15 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 9 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH OPPOSED NO) to: 1. Introduce Ordinance No. 1629 (2016 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City’s Municipal Code (Zoning Regulations) conditionally permitting a night club land use within the Business Park (B-P) Zone in the Airport Area Specific Plan Area (CODE- 1316-2015).” 2. Adopt Resolution No. 10708 (Series 2016), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending Table 4.3 of the Airport Area Specific Plan allowing a night club use within the Business Park Zone, approving a night club use permit with off-site parking in the Business Zone at 855 Aerovista Place and adopting a Mitigated Negative Declaration of Environmental Impact as represented in the staff report and attachments dated April 19, 2016 (CODE-1316-2015)” as amended with the following revisions to Section 3. Action Use Permit: 2. Hours of operation for the proposed use shall not be outside the hours from 6:007:30 p.m. to 11:00 p.m., Fridays and 10:00 a.m. to 11:00 p.m. Saturday and Sundays. Changes in the hours of operation shall require an amendment to this use permit or require an additional use permit as determined by the Community Development Director. 6. The combination of amplified music, voice and crowd noise on the subject site from the indoor event venue shall not exceed 90 dBA at 20 feet from the speakers as specified in the Noise Analysis prepared by David Lord, which exceeds the City’s Noise Ordinance requirement for the use. All outdoor speakers shall be oriented inward to the site away from residences to the east of Broad Street at all times. 7. Building plans submitted for the indoor night club venue use shall include measures to reduce sound, including, but not limited to, insulated walls, acoustic panels on the ceiling and wall and specialized acoustic curtains. 8. All concerts shall be held in the indoor night club venue. The doors of the facility shall be closed during all events. 9. Ambient music outdoors shall be prohibited after 9:00 p.m. 23. Vehicle trips associated with the subject property shall be less than 35 per hour (the base trip generation for the brewery manufacturing and restaurant use excluding the event use) on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds the 35 trips per hour threshold during this period, then the events permitted under this use permit related to the night club use shall be further prohibited on Friday night up until 8:00 pm or prohibited on Friday nights altogether, at the discretion of the Public Works Director. 3.a Packet Pg. 16 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 10 26. Due to peak hour congestion levels along the Broad Street Corridor events shall not be permitted Friday between the hours of 4:00 pm and 6:00 pmbefore the hours of 7:30 p.m. 32. No approval for modifications, decorations, or active use of the rock in expressly granted or applied through the approval of the use permit. Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between the hours of 4:00 pm and 6:00before the hours of 7:30 pm. Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35 per hour (the base trip generation for the brewery manufacturing and restaurant use excluding the event use) on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds the 35 trips per hour threshold during this period, then the events permitted under this use permit related to the night club use shall be further prohibited on Friday night up until 8:00 pm or prohibited on Friday nights altogether, at the discretion of the Public Works Director. Monitoring Plan, T-2: Within one year of the effective date of this use permit and annually thereafter, City staff will periodically conduct traffic counts during Friday events to determine the number of trips associated with the Subject property on Friday night between the hours of 4:00 p.m. to 6:00 p.m. BUSINESS ITEMS 15. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’ ASSOCIATION (POA) FOR THE PERIOD OF 01/01/2016 - 06/30/2018 Vice Mayor Carpenter stated that during a previous closed session meeting, he recused himself due to an incident between one of his family members and a law enforcement agency. The incident has been resolved and he will move forward making a decision for this item. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to adopt a Resolution No. 10709 (2016 Series), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Officers’ Association for the period of January 1, 2016 through June 30, 2018.” COUNCIL COMMUNICATIONS None. 3.a Packet Pg. 17 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 11 LIAISON REPORTS Mayor Marx reported her meetings in Washington D.C. from April 13-15, 2016 to meet with Senators and members of the House of Representatives in support of the Central Coast Wilderness Heritage Act at no cost to the City of San Luis Obispo. ADJOURNMENT The meeting was adjourned at 10:36 p.m. The next Regular City Council Meeting is scheduled for Tuesday, May 3, 2016 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 18 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) Council Minutes - DRAFT Tuesday, May 3, 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, May 3, 2016 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and 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. PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney Dietrick called for public comment. There was no one present to speak on Closed Session items. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Property 1: APNs 052-271-007; 070-241-013; 070-271-013; 073-321-008; 073-341-003; 073-341-028 Property 2: APNs 070-241-006; 070-241-027; 073-321-007 Property 3: APN 076-051-011 Negotiating Parties: City of San Luis Obispo: Katie Lichtig, Derek Johnson, J. Christine Dietrick, Shelly Stanwyck, Robert Hill, Jon Ansolabehere 3.a Packet Pg. 19 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 2 Miossi Brothers La Cuesta Ranch, Inc. (Property 1): Gabriel Miossi, Kathy Henderson, ` Sam Garkovich, Dell Hemingway Ahearn Family Revocable Trust (Property 2): Sandra Ahearn, Trustee The Trust for Public Land (Property 3): Becky Bremser, Tily Shue Under negotiation: Price and terms of payment ADJOURN TO THE REGULAR MEETING OF MAY 3, 2016 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, May, 3, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and 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. PLEDGE OF ALLEGIANCE Council Member Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick reported that direction was provided to staff on price and terms to pursue acquisition of three open space properties, as noted on the agenda. No further reportable action was taken. 3.a Packet Pg. 20 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 3 INTRODUCTIONS 1. CARLOS RUELAS - PUBLIC WORKS STREETS MAINTENANCE SUPERVISOR AND ALEXANDER FUCHS - PARKING SERVICES SUPERVISOR Director Grigsby introduced Carlos Ruelas as the new Streets Maintenance Supervisor and Alexander Fuchs as the new Parking Services Supervisor. PRESENTATIONS 2. PRESENTATION BY TOURISM MANAGER CANO, PRESENTING THE VISIT CALIFORNIA POPPY AWARD FOR BEST OVERALL MARKETING PROGRAM TO THE CITY OF SAN LUIS OBISPO AND BARNETT COX & ASSOCIATES (BCA)+STUDIO GOOD FOR THE 2014-2015 TOURISM MARKETING CAMPAIGN Assistant City Manager/Interim Finance & Information Technology Director Johnson and Tourism Manager Cano provided a presentation regarding the Visit California Poppy award for Best Overall Marketing Program to the City of San Luis Obispo and Barnett Cox & Associates (BAC)+Studio Good for the 2014-2015 Tourism Marketing Campaign. Maggie Cox, Barnett Cox & Associates, expressed gratitude to the City and thanked the Tourism Business Improvement District Board for their work and dedication to the City. 3. PROCLAMATION - NATIONAL TOURISM WEEK Mayor Marx presented a Proclamation to Tourism Manager Cano, representing the City of San Luis Obispo, declaring May 1-7, 2016 as "National Tourism Week." 4. PRESENTATION BY SCOTT SMITH, EXECUTIVE DIRECTOR FOR HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO), REGARDING THE HASLO UPDATE Scott Smith, Executive Director for Housing Authority of San Luis Obispo (HASLO), provided a presentation regarding the HASLO Update. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Walter Heath, Morro Bay, spoke on Item 13, stated that he is a volunteer for the Morro Bay in Bloom Program, board member of the National America in Bloom, and gave a brief summary of the American in Bloom program. Wendy Lucas, San Luis Obispo, voiced concerns regarding the Firestone project and stated that she believes the project is under construction without Council approval. 3.a Packet Pg. 21 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 4 David Brodie, San Luis Obispo, spoke about the unemployment rate in the City and urged staff to look into a San Luis Obispo Peace Core program to help increase public involvement in the City. Mila Vujovich-LaBarre, San Luis Obispo, announced that there will be a neighborhood community forum regarding the software application called “Nextdoor” on May 18, 2016 at Bishops Peak School at 6:00 p.m. Donald Hedrick, San Luis Obispo, spoke about a new development near Sacramento Drive. Dia Hurd, San Luis Obispo, thanked the City for conducting traffic counts near the Orcutt area and spoke about the City’s water resources. Linda White, San Luis Obispo, read a letter from her neighbor regarding his frustration about the City. In response to public comment, Community Development Director Codron provided an update on the Santa Rosa Infill project. Public Works Deputy Director Bochum gave a brief update on the traffic counts on Orcutt Road. CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve the consent Calendar Items 5 thru 9. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 6. AFFORDABLE HOUSING FUND GRANT REQUEST OF $35,000 FOR HABITAT FOR HUMANITY OF SAN LUIS OBISPO COUNTY TO REHABILITATE 214 HIGHLAND DRIVE CARRIED 5-0 to: 1. Adopt a Resolution No. 10710 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Affordable Housing Fund award for Habitat for Humanity of San Luis Obispo County.” 2. Approve modification to allow a reduced affordability term of fifteen (15) years. 7. NOTICE OF SETTLEMENT AGREEMENT; UNITED STATES ET AL. EX REL. PEREZ V. STERICYCLE, INC. ET AL.; CIVIL ACTION NO. 1:08-CV-2390; UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF ILLINOIS CARRIED 5-0 to approve and authorize the City Finance/IT Director to accept and deposit 3.a Packet Pg. 22 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 5 the settlement checks thereby consenting to the provisions of the settlement agreement between Relator Jennifer Perez and defendant Stericycle, Inc. 8. APPOINTMENT PROCESS FOR THE CITIZENS’ REVENUE OVERSIGHT COMMISSION CARRIED 5-0 to: 1. Revise the appointment process for the Citizens’ Revenue Oversight Commission (REOC) consistent with all other Advisory Bodies; and 2. Affirm the appointments of Council Members Ashbaugh and Christianson as the Council Liaison Subcommittee designated for the REOC. 9. LOSSAN AGREEMENT WITH SLO TRANSIT CARRIED 5-0 to approve an agreement with LOSSAN for a one-year pilot project to honor Pacific Surfliner passes on SLO Transit; which is to be reimbursed at regular fare rate for each ride. BUSINESS ITEMS 10. COUNTY WIDE TRANSPORTATION INVESTMENT PLAN Public Works Director Grigsby, Transportation Manager Hudson, San Luis Obispo Council of Governments Executive Director Ronald De Carli, and Regional Government Services Consultant Kendal Flint provided a detailed staff report. Staff responded to Council questions. Public Comment: The following San Luis Obispo residents spoke in favor of adding a ½ cent Sales Tax measure on the November 8, 2016 Election for transportation related purposes: Leah Brooks (Bike SLO County), Myron Amerine, Charlene Rosales (Chamber of Commerce), and Jorge Aguilar (Wallace Group). Leslie Halls, San Luis Obispo Central Coast Tax Payers Association, spoke in opposition to the tax measure. ---End of Public Comments--- Council discussion followed. Vice Mayor Carpenter spoke in opposition of the tax measure. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER OPPOSED NO) to: 3.a Packet Pg. 23 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 6 1. Receive and comment on a report and presentation by San Luis Obispo Council of Governments’ Staff regarding a County Wide Transportation Investment Plan; and 2. Conceptually approve the draft Transportation Investment Plan proposal and safeguards as approved by the San Luis Obispo Council of Governments (SLOCOG) Board on April 6, 2016. PUBLIC HEARINGS 11. CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF SECTION 17.22.010 OF THE CITY’S ZONING REGULATIONS TO CONDITIONALLY PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS PARK ZONE IN THE AIRPORT AREA; CONSIDERATION OF A RESOLUTION AMENDING THE AIRPORT AREA SPECIFIC PLAN TO ALLOW A NIGHT CLUB LAND USE (LIVE ENTERTAINMENT) WITHIN THE BUSINESS PARK ZONE AND APPROVING A USE PERMIT TO ALLOW A NIGHT CLUB (LIVE ENTERTAINMENT) AND OFF-SITE PARKING AT 855 AEROVISTA PLACE (SLO BREW) Council Members announced the following Ex Parte Communications regarding the project: Mayor Marx and Vice Mayor Carpenter had a teleconference with the Applicant. Community Development Director Codron and Associate Planner Cohen provided a detailed staff report. Staff responded to Council questions. Applicant Hamish Marshal (Co-Owner of SLO Brew), addressed noise, traffic, and parking issues related to the SLO Brew night club. Public Comments: The following San Luis Obispo residents expressed objections to the proposed project, citing concerns regarding odor, trash, parking, traffic, noise, live entertainment, crime, intoxication, and occupancy limit: John Ferguson, Jerry Larson, Mila Vujovich-LaBarre, Donald Hedrick, Bonnie Achugube, Sandra Rowley (Residents for Quality Neighborhoods), and Frank Kalman. The following San Luis Obispo residents spoke in favor of the proposed project: Ryan Allshouse, Michelle Tasseff, Charlie Umansky, and Bryan Kerr. ---End of Public Comments--- In response to public comment, Associate Planner Cohen clarified that the conditions of approval included a use permit and explained that the project could be reviewed by the Planning Commission if numerous complaints were made by neighbors. She added that there was no time limitation for the use permit as proposed and explained the maximum 3.a Packet Pg. 24 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 7 number of occupancy for the patio was 75. Applicant Hamish Marshal, (Co-Owner of SLO Brew), outlined the number of events that could occur in one day at the location site. David Lord, (45cB.com), summarized the noise analysis prepared for the proposed project. Lengthy Council discussion followed. Council Member Ashbaugh argued that the proposed project should require a General Plan amendment along with a rezoning amendment. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH OPPOSED NO) to: 1. Introduce an Ordinance No. 1629 (Series 2016) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City’s Municipal Code (Zoning Regulations) conditionally permitting a night club land use within the Business Park (B-P) zone in the Airport Area Specific Plan Area (CODE-1316-2015)”; and 2. Adopt a Resolution No. 10711 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending Table 4.3 of the Airport Area Specific Plan allowing a Night Club land use within the Business Park zone, approving a night club use permit with off-site parking in the Business Park zone at 855 Aerovista Place and adopting a mitigated negative declaration of environmental impact as represented in the staff report and attachments dated May 3, 2016 (CODE-1316-2015).” 12. REVIEW OF AN APPEAL (FILED BY NAOMI HOFFMAN) OF THE ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE A NEW SINGLE FAMILY RESIDENCE IN THE R-1-S ZONE THAT INCLUDES EXCEPTIONS TO THE FRONT YARD BUILDING SETBACK AND HEIGHT (40 BUENA VISTA AVENUE) Council Members announced the following Ex Parte Communications regarding the project: Vice Mayor Carpenter met with the applicant, Mayor Marx and Council Member Ashbaugh met with the applicant and neighborhood resident Pat Dellario, and Council Member Rivoire met with neighborhood resident Pat Dellario. Community Development Director Codron and Assistant Planner Bell provided a detailed staff report and responded to Council questions. Appellant Naomi Hoffman, San Luis Obispo, provided background information and urged the Council to uphold the appeal for the proposed project. Co-Applicant Angela Schmiede, San Luis Obispo, provided additional information and spoke on the merits of the proposed project. 3.a Packet Pg. 25 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 8 Public Comments: Linda White, San Luis Obispo, discussed an email that was sent to her from a resident regarding information that would help clear up misconceptions of the proposed project. The following San Luis Obispo residents spoke in favor of upholding the appeal for concerns regarding the special considerations overlay zone, lot size, height exceptions, parking, safety, visibility and rooftop deck: David Brodie, Isabel Marques, Nels Silverson, Shirley Ready, Elizabeth Abrahams, James Lopes, Carolyn Smith, Cheryl McLean, Pat Dellario, Camille Small, Sandra Rowley (Residents for Quality Neighborhoods), Mila Vujovich-LaBarre, and Mike Clark. The following San Luis Obispo residents spoke in favor of denying the appeal: Michelle Tasseff, T. Keith Gurnee, Patty Andreen (Architectural Review Commission Member), and Todd Smith (Cannon) Brett Strickland, San Luis Obispo, voiced concerns regarding the conduct of this agenda item. Steve Delmartini, San Luis Obispo, asked for clarification regarding the items being discussed for this agenda item. ---End of Public Comments--- In response to public comment, City Attorney Dietrick explained that the scope of review for this hearing item was de novo, noting that the City Council’s action is not constrained to the review or action of the Architectural Review Commission. Individual Council comments followed. ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt a Resolution No. 10712 (2016 Series) as recommended by the Architectural Review Commission, entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying the appeal of the design of a new single family residence in the R-1-S (Special Considerations Overlay) Zone that includes front yard setback and height exceptions, with a categorical exemption from environmental review, as represented in the City Council agenda report and attachments dated May 3, 2016 (40 Buena Vista Avenue SDU-1521-2015).” Mayor Marx called for a recess at 10:57 p.m. Mayor Marx called the meeting back to order at 11:03 p.m. 3.a Packet Pg. 26 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 9 BUSINESS ITEMS 13. AMERICA IN BLOOM Interim City Clerk Price provided the staff report and responded to Council questions. Public Comments: Mila Vujovich-LaBarre, San Luis Obispo, spoke in support of the America In Bloom program. Donald Hedrick, San Luis Obispo, spoke off topic. Dominic Tartaglia, Downtown Association, stated that the Downtown Association endorses the program but could not take the lead in the effort due to workload. ---End of Public Comment--- Mayor Marx spoke in favor of joining American-In-Bloom. Council Member Christianson suggested postponing joining until local volunteers are found to champion the program. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 3-2 (VICE MAYOR CARPENTER AND COUNCIL MEMBER CHRISTIANSON VOTED NO) to support participation, seek out volunteers to champion the program and direct staff to register one delegate to attend the America in Bloom National Awards Program symposium. 14. APPOINTED OFFICIALS’ COMPENSATION Human Resources Director Irons provided the staff report and responded to Council questions. Public Comments: Donald Hedrick, San Luis Obispo, suggested that staff should receive an incentive to stay employed. Brett Strickland, San Luis Obispo, objected to increasing the compensation for the City Manager and City Attorney. --End of Public Comments-- Council discussion followed. Vice Mayor Carpenter announced that he would be voting no due to the timing of the recommendation (City is currently involved in labor negotiations). 3.a Packet Pg. 27 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 10 ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER VOTED NO) to adopt a Resolution No. 10713 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, providing a lump-sum retention incentive to the City Manager and City Attorney.” LIAISON REPORTS Council Liaison written reports were received from Council Member Christianson and Mayor Marx. COUNCIL COMMUNICATIONS None. ADJOURNMENT The meeting was adjourned at 11:39 p.m. The next Regular City Council Meeting is scheduled for Tuesday, May, 2016 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 28 At t a c h m e n t : a - M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ( 1 4 1 8 : M i n u t e s o f A p r i l 1 9 a n d M a y 3 , 2 0 1 6 ) Page intentionally left blank.