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Home My WebLink About04-19-2016 MinutesCouncil Minutes 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. R1Pg1NFCC 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. Public Comment: Don Hedrick, San Luis Obispo, spoke off topic. ---End of Public Comments --- A 1' rlr%V: By consensus, 41,- City % nnnnil va ;xr,-A anA filail a rannrt nntlininrr AV 11 V 1\• J -P co11JL11JUJ, L11L.• �1L�' �VU11V11 iVV Vivvu LLalu alive K •vrva. Vu.aaaaaai�, 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 2 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 3 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 tnat cross waix. Michelle Tasseff, San Luis Obispo, expressed gratitude to the participants of Love SLO and spoke about the Central Coast Collaborative on Homelessness (M) 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 4 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 5 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. 1U. FLEE 1 REPLAk_r viV .lr i AC C ELERA I I 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 6 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 7 ---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 A _. /mr A\ _r inon _._� _-"_'_"___� �_ tel__ ___..:__�_.,��,. ^. 1`aL. ,, T.,.�.,...,. ,.1 n,__....,... 1. !'�-A- ..F Act 111Jr R -A) of 17882 and pursuant to he 1Gliuf1G1111ents of the Ince nal 1tGvcllue l.vuG of 1986. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COi TNCII, 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 INDOORIOUTDOOR 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 BRE 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 8 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH OPPOSED NO) to: 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-.t007:30 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 9 ■!r.�rrrs�:rr rreersri .. .� . „ ■ San Luis Obispo City Council Minutes of April 19, 2016 Page 9 26. Due to peak hour congestion levels along the Broad Street Corridor events shall not be permitted Friday be -t een the. ' hers of 41J0 pfn and 6:0" pR before the hours of 7:30 p.m. 32. No approval for modifications, decorations, or active use of the ruck 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 "e.,� .,+C t -00 pm and 6.00before the hours of 7:30 j2m.. 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 10 � R � t ■ 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. San Luis Obispo City Council Minutes of April 19, 2016 Page 10 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 rice, MMC Interim City Clerk APPROVED BY COUNCIL: 07/12/2016 San Luis Obispo City Council Minutes of April 19, 2016 Page 11