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HomeMy WebLinkAbout01-17-2017 MinutesCouncil Minutes f City Hall, 990 Palm Street, San Luis Obispo Tuesday, January 17, 2017 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 17, 2017 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION 1. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY Community Development Director Codron and Community Development Deputy Director Fowler provided an in-depth staff report and responded to Council questions. Public Comments: David Brodie, San Luis Obispo, suggested a City initiated water demand offset program; he referenced climate change and its effects on nonnative vegetation. Allen Cooper, San Luis Obispo, noted the unintended consequences of trip generated CO2 from shared parking reduction requirements; he believes that job creation will outpace the creation of affordable housing. Lea Brooks, San Luis Obispo, Bike SLO County stated that more trips by bicycle will reduce greenhouse gas emissions. San Luis Obispo Page I San Luis Obispo City Council Minutes of January 17 2017 Pa&e 2 Chris Read, San Luis Obispo, Energy Wise Program Coordinator at the County of SLO reminded Council of existing available residential and government energy programs. Steve Delmartini, San Luis Obispo, spoke regarding the PACE Renovate America Program noting pending legal matters. Michael Boswell, San Luis Obispo, Cal Poly Professor of City and Regional Planning provided keys to success for US Cities identified as national leaders in creating and implementing climate plans. Charlene Rosales, San Luis Obispo Chamber of Commerce, noted support for the implementation plan and for staff's recommendations as presented to Council. Eric Veium, San Luis Obispo shared his hopes for the inclusion of a carbon neutrality goal in the CAP; he noted the need to collaborate on a regional scale to achieve a real impact. Ken Haggard, Santa Margarita, Green Architect provided Council with a handout, he suggested consideration of daylighting and night ventilation. Cheryl McLean, San Luis Obispo, spoke regarding a need for an end to the rush for non -net zero energy residency and agrees on expanding incentive programs for projects that exceed title 24 energy efficient standards. Jan Marx, San Luis Obispo, noted hope for a future City goal to include the Climate Action Plan; she stated the need for funding and for expert opinions on the matter as well as student input. Rachel Kovesdi, San Luis Obispo, Project and Environmental Planner on the San Luis Ranch Project stated that the City is in a leadership position on sustainability and noted her hope for the incorporation of climate related legislation. ---End of Public Comment --- By conscnsus, Council dircctcd staff to: 1. Participate in a Study Session on Climate Action Plan Implementation strategy and receive and file the background reports; and 2. Consider the recommended Climate Action Plan implementation strategies to further the City's efforts to address climate change and to mitigate Greenhouse Gas (GHG) emissions as part of the process of creating Major City Goals, Other Important Objectives, and other budget priorities as part of the 2017-19 Financial Plan. RECESS AT 5:22 PM TO THE REGULAR CITY COUNCIL MEETING OF JANUARY 17, 2017 San Luis Obispo City Council Minutes of January 17, 2017 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 17, 2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and Carrie Gallagher, 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 Dan Rivoire led the Pledge of Allegiance. INTRODUCTION 2. KEITH AGGSON - DEPUTY FIRE CHIEF Fire Chief Olson introduced Keith Aggson as the new Deputy Fire Chief. PRESENTATIONS 3. PRESENTATION - POLICE DEPARTMENT EMPLOYEE AWARD RECOGNITION Police Chief Cantrell made a presentation recognizing the Police Department's 2016 Award recipients. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Harry Busselen, San Luis Obispo, spoke regarding the need for City wide bike safety; he requested blood tests be administered to individuals involved in car accidents on Bishop Peak. David Brodie, San Luis Obispo, suggested that all City Commissions be directed to consider climate change during deliberations. Lydia Mourenza, San Luis Obispo, stated her belief that the Utilities Department sent out a misleading City wide brochure; she inquired on the City's process for Commission San Luis Obispo City Council Minutes of kin nary 17, 2017 Page 4 Correspondence handling. ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 4 thru 11. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF NOVEMBER 1 NOVIi MB R 15A N D DECEMBER 9 2016 CARRIED 5-0, to approve the Minutes of the City Council meetings of November 1, November 15 and December 9, 2016. 6. PARTIAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2560 PHASE 2,215 BRIDGE STREET TR 64-43 CARRIED 5-0, to adopt Resolution No. 10767 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, partially accepting the public improvements, certifying partial completion of the private improvements, and authorizing release of the remainder of the securities once improvements are complete for Tract 2560 - Phase 2 (215 Bridge Street, TR 64-03)." 7. GRANT FUNDED CALLS JOA UIN PARK & RIDE SPECIFICATION NO. 91288 APPOINTMENTS CARRIED 5-0, to: 1. Award a contract and authorize the City Manager to execute an agreement with RDZ Contractors in the amount of $500,000 for the Calle Joaquin Park & Ride Lot, Specification No. 91288; and 2. Appropriate $75,000 from Fund 460 — The Los Osos Valley Road Interchange Fund for use on the project; and 3. Approve the transfer of $158,251.41 from Account No. 99821.953 - the Los Osos Valley Road Interchange Project. 8. F)'2017-19 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY CARRIED 5-0, to: 1. Authorize the Police Department to submit a grant application to the Office of Traffic Safety for a FY 2017-18 Selective Traffic Enforcement Program (STEP) not to exceed $125,000; and San Luis Obispo City Council Minutes of JanuM 17 2017 Pae 5 2. If the grant is awarded, authorize the City Manager to execute all grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant. 9. SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (SORNA) GRANT APPLICATION CARRIED 5-0, to: 1. Authorize staff to pursue a grant application submitted to the U.S. Department of Justice, California Sex Offender Registry, for a total amount not to exceed $25,000 for equipment and training that will enhance our ability to manage our local sex offender population; and 2. Authorize the City Manager to execute the necessary grant documents, and appropriate the grant amount into the Police Department's budget upon grant award. Public Comments: Lydia Mourenza spoke regarding the grant application; she requested additional information be provided regarding reimbursement or provision information. ---End of Public Comment --- 10. LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP] GRANT APPLICATIONS CARRIED 5-0, to: 1. Authorize the City Manager or their designee to annually apply for Low Carbon Transit Operations Program funds on behalf of the City of San Luis Obispo; and 2. Adopt Resolution No. 10768 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager or their designee, to file, execute and fulfill any related Low Carbon Transportation Operations Program grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City" for transit capital projects. 11. REPLACEMENT VEHICLE FIRE PREVENTION CARRIED 5-0, to approve purchase of one 2017 Ford F150 from Perry Ford San Luis Obispo in the amount of $25,995 for Fire Prevention, Hazardous Materials Program with funding for this purchase coming from a dedicated account, rather than the General Fund or the Fleet replacement fund or CIP. San Luis Obispo City Council Minutes of January 17, 2017 Page 6 PUBLIC HEARINGS 12. PUBLIC HEARING - REVIEW OF AN APPEAL FILED BY DONNA DUERK & URSULA BISHOP OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO APPROVE A MIXED-USE PROJECT THAT INCLUDES 18 RESIDENTIAL UNITS, A COMMERCIAL SPACE AND PARKING WITHIN THE DOWNTOWN COMMERCIAL ZONE (560 HIGUERA STREET) Ex Parte Communications: Vice Mayor Rivoire reported meeting with the appellants and discussing their prospective and reason for filing the appeal. Council Member Pease recused herself from this item noting a potential conflict of interest; she stated that her office is within a few hundred feet of the subject project and has been advised by the City Attorney to not participate in discussions and left the dais at 6:30 p.m. Council Member Gomez reported having met with the appellants to discuss their prospective and look at the property. Council Member Christianson reported having met with the appellants to look at the property. Mayor Harmon reported having met with the appellants, in addition to having a conversation with Applicant Rob Rossi and a Planning Commissioner. Community Development Director Codron and Associate Planner Cohen provided an in- depth staff report and responded to Council questions. Public Comments: Co -Appellant: Ursula Bishop, provided a petition containing the signatures of 60 Dana Street and surrounding neighborhood residents, she requested that Council send the project back to the ARC for redesign. Co -Appellant: Donna Duerk noted the basis for the appeal, she provided community design guidelines and stated this project does not meet the guideline standards. Applicant: Darrion Mavis representing the applicants; with use of a PowerPoint presentation provided project design elements, he noted the removal of the roof top deck option, and provided steps taken to ensure neighborhood esthetics; he noted that community design guidelines and Ordinances were taken seriously and incorporated into the design phase. Public Support of the Appeal: Allen Cooper, San Luis Obispo. David Brodie, San Luis Obispo. Mary Mitchell, San Luis Obispo. Mary White, San Luis Obispo. San Luis Obispo City Council Minutes of January 17 2017 Pae 7 Mark Johnson, San Luis Obispo. Michael Murphy, San Luis Obispo. Rachael Drake, San Luis Obispo and Founding Member of Mission Orchard Neighborhood Association. David Drake, San Luis Obispo. Sandra Rowley, San Luis Obispo and Chairperson for Residents for Quality Neighborhoods. Public Support of Denial of the Appeal: Michelle Tassoff, San Luis Obispo. Neither for or Against: Brett Strickland, San Luis Obispo, stated that many requests asking for items to be sent back to the ARC are outside of the ARC purview and feels these are Planning Commission related issues. Steve Delmartini, San Luis Obispo, noted agreement with prior speaker's remarks. ---End of Public Comment --- Applicant: Darrion Mavis, representing the applicants noted a transient problem in the area and feels that shielding visibility and cutting off residents from the creek area is potentially a bad idea, he is agreeable a low wall to block headlights without enclosing the area. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED) to adopt Resolution No. 10769 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal (filed by Donna Duerk & Ursula Bishop) thereby approving the development of a mixed-use project including 18 residential units and a commercial space within the Downtown Commercial zone, with a categorical exemption from environmental review, as represented in the City Council agenda report and attachments dated January 17, 2017 (560 Higuera Street, APPL- 4063-2016)." As amended with additional conditions of approval: Revision of condition No. 9 the final building plans shall include additional screening in front of the parking facing the creek to eliminate the potential of light and reduce noise trespass into the creek and residential areas north of the project to the satisfaction of the Community Development Director. Additionally, project shall not include future rooftop decks, as well as revision of landscaping to include varying sized evergreen trees and shrubs planted to screen views from the Dana Street properties. RECESS Council recessed at 8:00 p.m. and reconvened at 8:20 p.m., with all Council Members present. San Luis Obispo City Council Minutes of January 17, 2017 Page 8 BUSINESS ITEMS 13. CONSIDERATION OF FEATURES FOR THE SPECIAL MEETING REGARDING THE RENTAL HOUSING INSPECTION PROGRAM Community Development Director Codron and Code Enforcement Supervisor Purrington provided an in-depth staff report and responded to Council questions. Public Comments: Sandra Rowley, San Luis Obispo, requested to view actual deficiencies and details on reports subsequent to inspections and added that reports may be confusing the way they are currently written. Brett Strickland, San Luis Obispo urged the Council to include a loud tenants voice in regards to the discussion going forward. ---End of Public Comment --- Council provided staff with unanimous direction to plan a forum style City Council Special Meeting regarding the Rental Housing Inspection Program in the City of San Luis Obispo scheduled for February 16, 2017 which should to include: 1) a two-way dialogue 2) to be held at a large venue 3) to be facilitated by a trained neutral individual 4) to have timed speaking limits 5) and staff scribes to gather ideas PUBLIC HEARINGS 14. PUBLIC HEARING — ORDINANCE INTRODUCTION - SAFETY ENHANCEMENT ZONES AMENDMENT Police Chief Cantrell and Police Captain Sinith provided an in-depth staff report with use of a Power Point presentation and responded to Council questions. Public Comments: Warren Fox, San Luis Obispo noted that he was firmly against the Safety Enhancement Zones Amendment and spoke against the introduction of the Ordinance tonight. Riley Nilsen, San Luis Obispo speaking on behalf of the ASI Student Board of Directors, requested noise appeal be eliminated from the proposed City Ordinance and provided a replacement resolution in its place. Jana Colombini, San Luis Obispo, Student Body President of Cal Poly, asked Council to remove the noise violation out of the Safety Enhancement Zone as well as to stop using the term St. Fratty's Day. San Luis Obispo City Council Minutes of January 17, 2017 Page 9 Kevin Scott, Cal Poly Student, encouraged Council to consider adopting the student drafted resolution. Haley Warner, San Luis Obispo questioned whether Council may be targeting a certain demographic through this Ordinance; she feels City resources should be allocated elsewhere. Brett Raffish, Cal Poly Student spoke regarding the dwindling of open lines of communication between students and the City Council. Daniel Halprin, President of Cal Poly SLO Inner Fraternity Council, requested the noise violation be removed from the proposed Ordinance; he believes this Ordinance will encourage unruly gatherings. Jeff Eidelman, San Luis Obispo supports the recommended Ordinance, he noted distain over loud noise and feeling unsafe in his neighborhood due to large crowd gatherings. Carolyn Smith, San Luis Obispo noted chaos and noise in local neighborhoods; she voiced support for staff's recommendation to expand the Safety Enhancement Zone Ordinance introduction. Claudia Andersen, San Luis Obispo supports the proposed expansion of the Safety Enhancement Zone Ordinance introduction. Rita Elfarissi, Cal Poly Student, encouraged Council to consider the effectiveness of this enhancement and asked that a common ground be reached. Karen Adler, Chairperson of Alta Vista Neighborhood, supports the noise Ordinance and Safety Enhancement Zone; she noted that noise is the first indication of an unruly gathering. Stew Jenkins, San Luis Obispo stated that fines should be year round and fair for the offence. Alice Read, San Luis Obispo stated that lower income students are being targeted by this Ordinance. Sharon Whitney, San Luis Obispo noted support for the adoption of the proposed Ordinance stating that noise is a wellness issue and a large problem in her neighborhood. Camille Small, San Luis Obispo complimented the attending Cal Poly students and voiced support for the proposed Safety Enhancement Zone noting scared residents and noise issues in her neighborhood. Sandra Rowley, San Luis Obispo representing RQN noted support for the approval of the proposed Ordinance quoting from recent disturbance call logs. Brett Strickland, San Luis Obispo stated that Council should not be targeting certain portions of the City's population. Matt Boer, Cal Poly Student spoke regarding cooperation and co -governance between City San Luis Obispo City Council Minutes of.lailuary 17, 2017 _Pale l0 staff, students and local neighborhood groups: he encouraged consideration of the proposed student body Resolution by Council. Michelle Tasseff, San Luis Obispo agreed with a previous speaks comments regarding fairness in fines; she added that we are all responsible for our own actions and blame should not be placed on other. Harry Busselen, San Luis Obispo stated support for the proposed Ordinance but questioned limitation of the enhancement zone. ---End of Public Comment ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR RIVOIRE, CARRIED 4-1 (CHRISTIANSON NO) to NOT introduce Ordinance No. 1632 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending section 9.22.040 of the Municipal Code to increase the Safety Enhancement Zone time period surrounding St. Patrick's Day and St. Fratty's Day." Mayor Harmon requested to agendize a community service program in lieu of fines failed for a lack of a quorum. STUDY SESSION 15. VOLUNTARY PARTY REGISTRATIO Police Chief Cantrell and Neighborhood Outreach Manager Wallace provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Warren Fox, San Luis Obispo voiced support for the proposed Voluntary Party Registration Program. Daniel Halprin, complimented the City for their work on this issue; he voiced support for the proposed Voluntary Party Registration Program. ---End of Public Comment By consensus, Council directed staff to: 1. Receive a presentation on voluntary party registration program options; and 2. Provide guidance to staff regarding initiation of a voluntary municipal party registration pilot program. COUNCIL COMMUNICATIONS AND LIAISON REPORTS None received. ADJOURNMENT San Luis Obispo City Council Minutes of January 17, 2017 Page I 1 Adjourn to a Special City Council meeting to be held on Saturday, January 28, 2017 at 8:30 a.m., in the City/County Library Community Room, 995 Palm Street, San Luis Obispo, California, for the purposes of conducting the Goal -Setting Workshop. The next Regular City Council Meetings are scheduled for Tuesday, February 7, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. _"., &" �A Carrie Gallagher City Clerk APPROVED BY COUNCIL: 03/07/2017