Loading...
HomeMy WebLinkAbout04-04-2017 Item 09, Minutes of February 7, 16 - March 7, 14 San Luis Obispo Page 1 Tuesday, February 7, 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, February 7, 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, 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. STUDY SESSION REGARDING WATER AND SEWER CAPACITY AND CONNECTION FEES Utilities Director Mattingly, Utilities Project Manager Metz and Shawn Koorn of HDR Engineering Inc. provided an in-depth report with the use of a PowerPoint presentation and responded to Council questions. Public Comments: Eric Veium, San Luis Obispo, noted that 60 % of residents are renters and they are the ones that are ultimately responsible for the impact fee for the development and not the owners. Sandra Rowley, San Luis Obispo, spoke regarding lift station fees and questioned sewer capacity. ---End of Public Comment--- Packet Pg. 81 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 2 By Council consensus, staff received and filed the presentation on the development of a Water and Sewer Capacity and Connection Fee Study; staff will return at a future meeting to provide feedback on the direction provided by Council this evening. RECESSED AT 5:33 P.M TO THE REGULAR MEETING OF FEBRUARY 7, 2017 TO BEGIN AT 6:00 P.M. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 7, 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, 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 Council Member Aaron Gomez led the Pledge of Allegiance. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Don Hedrick, San Luis Obispo, spoke regarding globalism. Bill Ostrander, representing Integrity in Our Elections spoke in support of democracy vouchers. Sean Shealy, spoke in support for democracy vouchers. Dean Arrighi, San Luis Obispo, spoke regarding the safety hazard of tree stumps near school zones. Bailey Dreschler, San Luis Obispo, spoke regarding developments within the City and requested that staff hold an informal conversation with residents to discuss their concerns. Sandra Rowley, San Luis Obispo spoke regarding conversion of commercial to residential zones within the City. Packet Pg. 82 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 3 Mike Latner, spoke in support of democracy vouchers. John Ashbaugh, San Luis Obispo, spoke in support of democracy vouchers. Eric Veium, representing Integrity in Our Elections, spoke in support of democracy vouchers. Camille Small, San Luis Obispo, spoke regarding the removal and replacement of trees within the City. Cheryl McLean, San Luis Obispo, requested video recording of all City meetings including Advisory Bodies. Mila Vuyovich-La Barre, San Luis Obispo spoke in support of democracy vouchers. ---End of Public Comment--- Council Member Pease requested consideration of adding video recording of all City meetings including Commission to a future agenda, request failed for a lack of consensus. Mayor Harmon inquired regarding previous findings by staff on the democracy voucher program study; Council Members Gomez and Pease showed support for the program; support for agandizing the item failed but decision was made to possibly consider the program and bring it back to Council in the future. CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 4. ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Item 5. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, waive reading of all resolutions and ordinances as appropriate. 3. MINUTES OF THE CITY COUNCIL MEETINGS OF DECEMBER 13, 2016 CARRIED 5-0, to approve the Minutes of the City Council meeting of December 13, 2016 4. AFFORDABLE HOUSING FUND REQUEST FOR THE HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO) AND TRANSITIONS MENTAL HEALTH ASSOCIATION (TMHA) TO DEVELOP BISHOP STREET STUDIOS. CARRIED 5-0, to adopt a Resolution No. 10770 entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Affordable Housing Fund Award to the Housing Authority of San Luis Obispo and Transitions Mental Health Association for Bishop Street Studios in the amount of $850,000” for the development of 34 affordable rental units. Packet Pg. 83 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 4 Public Comments: Mila Vuyovich-La Barre, San Luis Obispo, noted support for the Transition Mental Health Association project. ---End of Public Comment--- Item 5 pulled by Council Member Pease for separate discussion and consideration. 5. AVILA RANCH COMMUNITY FACILITIES DISTRICT (CFD) FORMATION CARRIED 5-0, to authorize the City Manager to execute a contract in the amount of $54,825 with Economic Planning Systems (EPS) to assist the City with the financial analysis and related tasks necessary for the formation of a Communities Facilities District (CFD) for the Avila Ranch Project. Public Comments: Carolyn Smith, San Luis Obispo, requested item 5 be pulled for further discussion; she noted that buyers of Mello Roos projects are responsible for the additional expenses. Paul Rys , San Luis Obispo requested item 5 be pulled for further discussion. Mila Vuyovich – La Barre, requested item 5 be pulled for further discussion noting water and road concerns. ---End of Public Comment--- PUBLIC HEARINGS AND BUSINESS ITEMS 6. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY LYDIA MOURENZA & RICHARD RACOUILLAT) OF THE ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE A NEW FOUR-STORY MIXED-USE PROJECT THAT INCLUDES GROUND FLOOR COMMERCIAL/RETAIL SPACE, 27 RESIDENTIAL UNITS, AND MECHANICAL PARKING LIFTS (22 CHORRO STREET) Council Member Pease noted a potential conflict of interest due to a prior working relationship with the project’s architect, Arris Studios; she added that based on advice from the FPPC, she would recuse herself from this item and left the dais at 7:00 p.m. Council Members Christianson, Gomez and Vice Mayor Rivoire noted having no Ex Parte Communications. Mayor Harmon disclosed having a prior conversation with appellant Ms. Mourenza, which was not specific to this project, additionally she disclosed having a prior conversation with the developer many months ago. Packet Pg. 84 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 5 Community Development Director Codron and Associate Planner Cohen presented an in-depth staff report with the use of a Power Point presentation and respond to Council questions. Appellant Richard Racouillat, noted inadequate parking spaces as the basis of the appeal; he suggested this project will cause significant adverse impact to the neighborhood noting that the mechanical lift parking system will not alleviate the existing concerns. Applicant Lauren Rienz, stated that the project is a sustainable mixed-use project in an ideal location, he noted multiple conditions previously placed on the project by the ARC; he spoke regarding proposed bicycle parking, parking concessions, and low-income housing units consistent with the LUCE noting that all State and Federal rules were followed. Public Comments: David Brodie, San Luis Obispo, spoke regarding the need for vehicles. Donald Hedrick, San Luis Obispo, spoke regarding the history of mixed-use projects and the need for additional parking at this project. Odile Ayral, San Luis Obispo, noted insufficient parking at the project site and supports the appeal. David Hafemeister, San Luis Obispo, spoke in support of the appeal and for a mitigation to lessen the health and safety concerns; he noted insufficient parking. Allen Cooper, San Luis Obispo, noted support for the appeal and mitigations; he spoke regarding sight constraints. Mark Hoffman, San Luis Obispo, noted support for the appeal due to insufficient parking. Jeff Herten, local business owner, noted support for the appeal due to insufficient parking. John E. Phillips, San Luis Obispo, noted support for the appeal due to insufficient parking and overcrowding in the area. Cheryl McLean, San Luis Obispo, noted support for the appeal. John Snetsinger, San Luis Obispo, noted support for the appeal due to impacted traffic and insufficient parking. Janet Pierucci, San Luis Obispo, spoke in support of the appeal, she suggested lowering the density by half of what is currently proposed. Elizabeth DeHaan, San Luis Obispo, spoke in support of the appeal noting impacted traffic in the area. John Ashbaugh, San Luis Obispo, spoke in support of the appeal noting parking, health, and safety impacts issues with the project. Packet Pg. 85 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 6 Bob Mourenza, San Luis Obispo, spoke in support of the appeal noting neighborhood impacts. Pete Evans, San Luis Obispo, spoke in support of the appeal noting neighborhood impacts. Kerry Brown, San Luis Obispo, spoke in support of the appeal noting impacts on the neighborhood and insufficient parking. Dawn Ortiz Legg, San Luis Obispo, spoke regarding the struggles for young professionals to find housing and supports the project and denial of the appeal. Dr. Richard J. Krejsa, San Luis Obispo, spoke in support of the appeal noting insufficient parking. Grant Robbins, San Luis Obispo, spoke in support of approving the project and denial of the appeal. Tim Jouet, San Luis Obispo, spoke in support of the appeal. Camille Small, San Luis Obispo, spoke in support of the appeal, noting density and the LUCE. Mila Vulovich-La Barre, San Luis Obispo, spoke in support of the appeal noting public safety. Thom Jess, Architect for the project deferred his speaking time to Applicant Lauren Rienz. Applicant Lauren Rienz, spoke regarding the health and safety findings and added that this is a perfect location for mixed use project. ---End of Public Comment--- Council recessed at 8:34 p.m. and reconvened at 8:50 p.m., with all Council Members present except for Council Member Pease who remained rescued from this item. Council deliberation ensued; staff answered questions. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 4-0-1 (PEASE RECUSED) to adopt a Resolution No. 10771 (2017 SERIES) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal (filed by Lydia Mourenza & Richard Racouillat) thereby approving the design of a new four-story mixed-use project that includes ground floor commercial/retail space, 27 residential units, and mechanical parking lifts, with a categorical exemption from environmental review, as represented in the City Council agenda report and attachments dated February 7, 2017 (22 Chorro Street, APPL-4278- 2016);” as amended. Section 2 of the Resolution was amended to read as follows: SECTION 2. Environmental Review. On October 18, 2016, per City Council Resolution No. 10749 (2016 Series), the project was determined to be statutorily exempt under Section 15195 and categorically exempt under Class 32, In-Fill Packet Pg. 86 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 7 Development Projects; Section 15332 of the CEQA Guidelines. A Notice of Exemption was filed on December 12, 2016 as Document No. 40-12122016-260 in the San Luis Obispo Clerk Recorder’s Office. Design approval of the project does not change the project in a manner that would impact that previous determination. Council Member Pease returned to the Dais at 9:18 p.m. 7. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT REPORT, AND ANNUAL AUDIT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR 2015-16 Interim Finance Director Bradford, Accounting Manager Controller Pardo with assistance from CPA, Glenn presented an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to accept the Comprehensive Annual Financial Report, Single Audit Report, and annual audit of the Transportation Development Act Funds for Fiscal Year 2015-16. 8. AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER BEACH, MORRO BAY, PASO ROBLES, AND PISMO BEACH TO JOINTLY FINANCE AND CONSTRUCT A REPLACEMENT ANIMAL SERVICES SHELTER Assistant City Manager Johnson and Administration Assistant Victoria Tonikian presented an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to authorize the Mayor to execute an agreement in substantial conformance with the County of San Luis Obispo, and the Cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, and Pismo Beach to jointly finance and construct the replacement of an animal services shelter. LIAISON REPORTS AND COMMUNICATIONS A written Council Liaison Report was received from Council Member Carlyn Christianson. Packet Pg. 87 9 San Luis Obispo City Council Minutes of February 7, 2017 Page 8 Vice Mayor Rivoire reported attending a recent SLOCOG meeting, he noted that the Board voted to support the legislative platform of the other Council of Governments and take a position in support of the two transportation bills that the City has already taken a position of support on and noted there being a substantial level of support of the actions at the State level. Mayor Harmon reported having met with the League of Women Voters, she noted discussion of an idea regarding a concierge type service at future City Council meetings in which a League representative would facilitate attendees with yellow speaker cards and pamphlets on civil discourse. ADJOURNMENT Adjourn to a special city council meeting to be held on Thursday, February 16, 2017 at 6:00 p.m., at the Veteran’s Hall, 801 Grand Avenue, San Luis Obispo, California, for the purposes of conducting a review of the rental housing inspection program. The next Regular City Council Meeting is scheduled for Tuesday, February 21, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Carrie Gallagher City Clerk APPROVED BY COUNCIL: XX/XX/2017 Packet Pg. 88 9 San Luis Obispo Page 1 Thursday, February 16, 2017 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Thursday, February, 16, 2017 at 6:08 p.m. in the Veterans Hall, located at 801 Grand Ave, 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: 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 Council Member Andy Pease led the Pledge of Allegiance. Welcome, Introductions, Workshop Format Mayor & Council, Facilitators Mayor Harmon and Council Members spoke individually, welcoming members of the community. Brief History of Rental Housing Inspection Program and Current Data Staff Community Development Director Michael Codron outlined the history of the neighborhood wellness program with use of a PowerPoint presentation. Community Engagement on Issue Identification and Proposed Solutions Public Samson Blackwell, Cal Poly Human Resources, led engagement activities, inviting members of the public to share actionable proposals to Council. Packet Pg. 89 9 San Luis Obispo City Council Minutes of February 16, 2017 Page 2 Top RHIP Issues as Identified by the Community: Legality of escalation Tenant relations Unfair financial impact Invasion of privacy Inefficient use of time and financial resources Tenant displacement Inconsistency in the interpretation by staff Overreach of code enforcement Decreased affordable housing Proposals to Correct Identified Issues of the RHIP: Complete repeal Free self-certification program via safety list provided by City at time business license is issued Complaint-driven system - pending repeal Focus on critical issues and implement controls to minimize exposures Multi-pronged approach Narrowed enforcement limiting inspection focus to historically high code violations Provide tenants with rights and responsibilities with signed checklist annually Deregulation to include incentive based program Community to share fees with landlord Presentation of Group Representatives to Council: Jeanne Kinney, suggested competitive housing stock to include legalized tiny houses and city fines for improvements. Duane (No last name provided), requested repeal of RHIP with no alternative and return to standard code enforcement. Graham Updegrove, supports a two-step process to include repeal of RHIP and implement revamped complaint-driven process to include standardized staff response time, tenant advocacy program, and an amnesty program addressing unpermitted construction. Eric Veium, suggested repeal of RHIP and annual distribution of educational mailers to tenants, including a health and safety checklist. Garrett (No last name provided), supports repeal of the RHIP and implementation of an incentive program. Nicki Anderson, acknowledged code enforcement costs, suggested an equal Cal Poly coalition with City, educational resources for tenants and RHIP repeal. Cynthia Bosche, supports a RHIP repeal and replacement with a comprehensive education program for tenants and property owners, a voluntary safe housing certification program to include the cost of new program in annual business license fee, in addition to a City created Packet Pg. 90 9 San Luis Obispo City Council Minutes of February 16, 2017 Page 3 safety checklist. Mike Neland, suggested self-certification with safety checklist. Individual Public Comment Public Public Comments: Paul Rys, San Luis Obispo, suggested Council better communicate tenant rights. Nick Andre, San Luis Obispo, believes the current program is making the issue worse and requested complete repeal, supportive of a complaint-driven replacement program. Andrew Brown, expressed appreciation to Council, requesting tenant resources be readily available. Julia Pierce, expressed quality of life concerns. Mike Baumberger, San Luis Obispo, supports repeal, noting spike in complaints following the hiring of two new code enforcement officers. Rick Rengel, San Luis Obispo, encouraged Council to direct staff to reconsider zoning code regulations. Gary Linney, San Luis Obispo, opposed to repeal of RHIP, urged Council to consider protection of tenant’s rights. Steve Hicks, San Luis Obispo, does not support repeal, requested code enforcement officer education to increase compliance. Brett Strickland, spoke regarding over-inclusion, suggested the end user will pay the price. Kathie Walker, San Luis Obispo, spoke in support of repeal; suggested inspections go beyond health and safety code. Christina Pierce, suggested issue was created by local cost of living and City’s unwillingness to consider infill projects. Stuart Jenkins, spoke in support of repeal and replacement. ---End of Public Comments--- Discuss Next Steps Council Council discussion ensued, directing staff to return with an ordinance repealing the existing ordinance ACTION: MOTION BY VICE-MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to suspend new mandatory inspections, to conclude existing code Packet Pg. 91 9 San Luis Obispo City Council Minutes of February 16, 2017 Page 4 compliance cases under the program. ADJOURNMENT The meeting was adjourned to the next Regular City Council Meeting is scheduled for Tuesday, February 21, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Carrie Gallagher City Clerk APPROVED BY COUNCIL: XX/XX/2017 Packet Pg. 92 9 San Luis Obispo Page 1 Tuesday, March 7, 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, March, 7, 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 Council Member Carlyn Christianson led the Pledge of Allegiance. PRESENTATIONS 1. PRESENTATION - POLICE DEPARTMENT END OF 2016 UPDATE Police Chief Deanna Cantrell and Captain Smith provided a report on the Police Department end of 2016 Update with the use of a Power Point presentation. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Casey McCullough, spoke in support of placing a resolution on a future agenda to show Council support for undocumented immigrants. David Schrieshem, spoke in support of placing a resolution on a future agenda to show Council support for undocumented immigrants. Packet Pg. 93 9 San Luis Obispo City Council Minutes of March 7, 2017 Page 2 Terry Mohan, San Luis Obispo, spoke regarding a lack of tree maintenance by City staff in his neighborhood. ---End of Public Comment--- Mayor Harmon requested to agendize a resolution showing support for undocumented immigrants. Council Members Christianson, Pease, Gomez and Vice Mayor Rivoire all voiced support for the request. City Manager Lichtig provided suggestion for a future meeting date for staff to bring this item back to Council. By consensus, Council agreed to bring this item back for consideration on the April 4th agenda. CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 5. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Item 6. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 3. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 17, 2017 CARRIED 5-0, to approve the Minutes of the City Council meeting of January 17, 2017 4. WATER RESOURCE RECOVERY FACILITY MEMBRANE EQUIPMENT SYSTEM PRE-SELECTION CARRIED 5-0, to: 1. Authorize staff to advertise a Request for Proposals (RFP) for a Membrane Bioreactor Equipment System for the Water Resource Recovery Facility (WRRF) Project, Specification No. 91539; and 2. Authorize the City Manager to award a contract to the supplier who presents the lowest responsible bid (based on net present value) Membrane Bioreactor Equipment System if such bid is within the engineer’s estimate of $10,000,000; and 3. Authorize the City Manager to approve funding for the design drawings for the Membrane Bioreactor Equipment System from the selected supplier in an amount not to exceed $250,000. 5. SLOCOG MOU WITH TRANSIT OPERATORS IN SLO URBANIZED AREA (UZA) CARRIED 5-0, to adopt a Resolution No. 10775 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Memorandum of Understanding between the San Luis Obispo Council of Governments, San Luis Obispo Regional Transit Authority and the City of San Luis Obispo regarding public transit Packet Pg. 94 9 San Luis Obispo City Council Minutes of March 7, 2017 Page 3 planning and programming” of Federal Transit Administration Funding. 6. NEIGHBORHOOD MATCHING GRANT PILOT PROGRAM UPDATE AND EVALUATION Mayor Harmon pulled item 6 for separate consideration. Associate Planner Rebecca Gershaw answered questions from the Council. CARRIED 5-0, to continue the Neighborhood Matching Grant Pilot Program for two additional years, with $20,000 available for grants in the 2017-19 Financial Plan, assuming current funding sources are identified in the existing budget to reallocate to the Program. PUBLIC HEARINGS AND BUSINESS ITEMS 7. PUBLIC HEARING - 2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS Community Development Director Michael Codron and Acting Housing Programs Manager Jenny Wiseman provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Donna Fioravanti, San Luis Obispo, representing CAPSLO provided an update on the 40 Prado project. Ken Litzinger, representing the San Luis Obispo Housing Authority, thanked Council for their commitment to funding the Bishop Street Studios Project; he spoke regarding efforts to apply for federal tax credits. ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. Adopt Resolution No 10776 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2017 Community Development Block Grant (CDBG) funding recommendations (GENP-4175-2016)” to approve funding allocations for $442,462 of CDBG funds for the 2017 Program Year; and 2. Reallocate $31,200 in 2014 CDBG funds from the Women’s Shelter Program to Family Care Network, Inc Packet Pg. 95 9 San Luis Obispo City Council Minutes of March 7, 2017 Page 4 8. PUBLIC HEARING - JOINT POWERS AGREEMENT TO FORM A GROUNDWATER SUSTAINABILITY AGENCY Utilities Director Carrie Mattingly and Utilities Deputy Director Aaron Floyd provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None ---End of Public Comment--- Council Member Pease volunteered to serve as Council Member representative on the Board of Directors of the San Luis Obispo Valley Basin Groundwater Sustainability Agency. By consensus, Council agreed and included her appointment in the recommended motion. ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Adopt Resolution No. 10777 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving and authorizing the Mayor to execute a Joint Exercise of Powers Agreement between the City of San Luis Obispo and the County of San Luis Obispo to form the San Luis Obispo Valley Basin Groundwater Sustainability Agency”; and 2. Authorize the City Manager to approve minor modifications to the Joint Exercise of Powers Agreement; and 3. Authorize the use of up to $200,000 of Water fund balance as the City’s portion of initial operating capital for Fiscal Year 2017/18 for the Groundwater Sustainability Agency (subject to reimbursement from the Groundwater Sustainability Agency); and 4. Authorize the County of San Luis Obispo to take certain actions relative to the formation of the San Luis Obispo Valley Basin Groundwater Sustainability Agency; and 5. Appoint representative City Council Member Pease and the Utilities Director Carrie Mattingly as an alternative representative to serve on the Board of Directors of the San Luis Obispo Valley Basin Groundwater Sustainability Agency. 9. PUBLIC HEARING - INTRODUCE AN ORDINANCE REPEALING CHAPTER 15.10 RENTAL HOUSING INSPECTION PROGRAM OF TITLE 15 OF THE MUNICIPAL CODE Community Development Director Michael Codron, Chief Building Official Anne Schneider, and Code Enforcement Supervisor Teresa Purrington provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Packet Pg. 96 9 San Luis Obispo City Council Minutes of March 7, 2017 Page 5 Public Comments: Michelle Tasseff, San Luis Obispo, spoke in support of the Ordinance repeal however voiced concern and supports checks to continue on multifamily units. Brett Strickland, San Luis Obispo, thank Council for acting on behalf of the community and hearing their issue specific to the repeal. ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: Introduce Ordinance No. 1632 (2017 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, repealing chapter 15.10 of the City of San Luis Obispo Municipal Code regarding Rental Housing Inspection.” RECESS Council recessed at 8:05 p.m. and reconvened at 8:15 p.m., with all Council Members present. 10. PROCESS TO DEVELOP CODE ENFORCEMENT PRIORITIES FOR PROACTIVE AND COMPLAINT-BASED ENFORCEMENT ACTIVITIES HANDLED BY THE COMMUNITY DEVELOPMENT DEPARTMENT Community Development Director Michael Codron, Chief Building Official Anne Schneider, and Code Enforcement Supervisor Teresa Purrington provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Michelle Tasseff, San Luis Obispo, spoke regarding code enforcement priorities; she noted the importance of community interaction. Brett Strickland, San Luis Obispo, provided information on the California Rural Association Assistance Program and noted the local courts system as a good alternative to aid with resident housing issues. Steve Del Martini, San Luis Obispo, stated that property managers represent only half of rentals in the City noting that absentee landlords are important to consider. Phil Hurst, San Luis Obispo, shared a negative experience with City enforcement officials. Kathie Walker, San Luis Obispo spoke regarding the definition of substandard housing and noted that it is very subjective, she stated that collaboration with the community as well as education is important. Packet Pg. 97 9 San Luis Obispo City Council Minutes of March 7, 2017 Page 6 ---End of Public Comment--- By consensus, Council directed staff to receive and file a presentation on the status of Community Development code enforcement activities in the City of San Luis Obispo and provided staff with direction on the development of revised code enforcement priorities for the 2017-19 Financial Plan. 11. ADJUSTMENTS TO THE COMPENSATION OF THE UNREPRESENTED CONFIDENTIAL EMPLOYEES Human Resources Director Monica Irons and Human Resources Analyst Nickole Sutter provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: Adopt Resolution 10778 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, regarding compensation for the unrepresented confidential employees and superseding previous resolutions in conflict” with a one-year term (January 1, 2017 to December 31, 2017). LIAISON REPORTS AND COMMUNICATIONS Mayor Harmon reported spending the night in homeless over flow shelter and encouraged Council to do the same, she officiated her first wedding and she noted attending ‘Meet your Muslim Neighbor” event as well as attending the Library grand opening and the Peoples Kitchen Board Meeting where she received free lunch cards to hand out to needy individuals. No other reports were provided. ADJOURNMENT The meeting was adjourned to a Special City Council Meeting scheduled for Tuesday, March 14, 2017 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California, for the purpose of discussing marijuana regulations. The next Regular City Council Meetings are scheduled for Tuesday, March 21, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Packet Pg. 98 9 San Luis Obispo City Council Minutes of March 7, 2017 Page 7 __________________________ Carrie Gallagher City Clerk APPROVED BY COUNCIL: XX/XX/2017 Packet Pg. 99 9 San Luis Obispo Page 1 Tuesday, March 14, 2017 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 14, 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; Michael Codron, Community Development Director; and Heather Goodwin, Deputy 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 Aaron Gomez led the Pledge of Allegiance. BUSINESS ITEMS 1. MARIJUANA REGULATION Community Development Director Codron and City Attorney Dietrick provided an in-depth staff report with the use of a PowerPoint presentation entitled “California Adult Use of Marijuana Act” and responded to Council questions. Public Comments: Gerick Latham, Cal Poly student, spoke about his roommate’s medical marijuana delivery service; stated that he consumes and cultivates medical marijuana for health related issues; spoke in support of cannabis. Packet Pg. 100 9 San Luis Obispo City Council Minutes of March, 14, 2017 Page 2 Claire Mamakos, North County, Lobbing Director for the San Luis Obispo Chapter California Normal, urged the Council to draft regulations that would preserve SLO’s uniqueness which would create a healthy economy for the local farmer. Linda Chimenti, Paso Robles, spoke about the idea of having a fear when consuming marijuana; opined that marijuana should be regulated. Nico Pitchen, San Luis Obispo, spoke about his medical marijuana delivery service; stated that he will be participating in a student career fair to find potential employees, stated that the potential ban will financially hurt his business; spoke against the proposed ban. James Vogel, Cal Poly student, spoke about proactive legislation vs reactive legislation; opined that local control can make a difference. Tony Keith, San Luis Obispo, spoke about sound planning; stated that he is an advocate for local dispensaries in the downtown; urged Council to direct staff to draft regulations by early next year. Christopher Matthews, San Luis Obispo, SLO Compassionate Care business owner, spoke about his business and the temporary ban; opined the Council needs to work with cannabis businesses that are currently operating and to draft an ordinance what will work for everyone. Cmstal Gries, spoke about her 80-year-old mother-in-law who consumes marijuana for health reasons; opined that her mother-in-law would prefer a brick and mortar type of service to purchase her medical marijuana. Quinn Brady, spoke about her family’s medical marijuana farming business; spoke in support of a policy that supports the industry and allows people to come out of the dark and into a more transparent place into the community. Marie Roth, Templeton, representing San Luis Obispo County Cannabis Business Association, Inc. (SLOCCBA), provided a general overview of the SLOCCBA and spoke about the cannabis industry. John Belsher, San Luis Obispo, opined that the City should take the steps to regulate marijuana cultivation; stated that the Monday Club SLO will hosting an educational opportunity to learn about Marijuana for parents of teenagers on April 4, 2017 at 5:45 pm. Mila Vujovich-La Barre, San Luis Coastal Unified School District teacher, San Luis Obispo, provided a brief overview of anti-drug/alcohol programs for youths that she founded; encouraged residents to attend the Monday Club SLO’s educational opportunity about Marijuana. ---End of Public Comment--- Council Member Christianson noted for the record that there were 158 individuals who testified in 2015 regarding medical marijuana. Packet Pg. 101 9 San Luis Obispo City Council Minutes of March, 14, 2017 Page 3 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Introduce an Ordinance No. 1633 (2017 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, codifying and reaffirming current City law, policy and practice by expressly prohibiting all commercial and industrial recreational and medical marijuana uses, activities and operations and limiting outdoor cultivation of medical and recreational marijuana within the City” which expressly codifies and affirms the City’s authority to enforce its current permissive zoning, licensing, permitting and regulatory policies prohibiting marijuana uses, activities, and operations, except as otherwise permitted under the Compassionate Use Act, the Medical Cannabis Regulatory and Safety Act, or the Control, Regulate, and Tax Adult Use of Marijuana Act pending Council direction and consideration of permanent regulations; and 2. Direct staff to monitor developments in other jurisdictions and at the federal level, engage the community regarding various land use and taxation alternatives that may be appropriate, and return with recommended changes to the City’s Municipal Code. ADJOURNMENT The meeting was adjourned to the next Regular City Council Meeting scheduled for Tuesday, March 21 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Heather Goodwin Deputy City Clerk APPROVED BY COUNCIL: XX/XX/2017 Packet Pg. 102 9