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Home My WebLink About01-09-2018 MinutesCouncil Minutes I 1 City Hall, 990 Palm Street, San Luis Obispo Tuesday, January 9, 2018 Rescheduled Regular Meeting of the City Council CALL TO ORDER A Rescheduled Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 8, 2018 at 5:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Carrie Gallagher, 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 ITEMS None. ---End of Public Comment --- CLOSED SESSION A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: 1042 Pacific Street, APN 002-443-017 Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby, Greg Hermann, Jon Ansolabehere, Matt Horn, Michael McGuire, Cathy Springford Negotiating Parties: 1042 Pacific Street, G.P. Under Negotiation: Price and terms of payment San Luis Obispo Page I San Luis Obispo City Council Minutes of januM 9 2018 Paize 2 B. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: 1043 Marsh Street, APN 002-443-016 Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby, Greg Hermann, Jon Ansolabehere, Matt Horn, Michael McGuire, Cathy Springford Negotiating Parties: Elizabeth Lucille Tanoli, Trustee Under Negotiation: Price and terms of payment C. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: 1080 Marsh Street, APN 002-435-023 Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby, Greg Hermann, Jon Ansolabehere, Matt Horn, Michael McGuire, Cathy Springford Negotiating Parties: Maino Family Under Negotiation: Price and terms of payment D. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: 1020 Marsh Street, APN 002-435-024 Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby, Greg Hermann, Jon Ansolabehere, Matt Horn, Michael McGuire, Cathy Springford Negotiating Parties: Maino Family Under Negotiation: Price and terms of payment E. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Preserve the SLO Life -Buckley Road, Los Verdes Park Unit One Homeowners' Association, Inc., and Los Verdes Park (Unit 2) Homeowners' Association, Inc. vs. City of San Luis Obispo, City Council of the City of San Luis Obispo, and Does 1 through 15; Avila Ranch, LLC, Andrew Mangano, and Does 16 through 30; San Luis Obispo County Superior Court Case No.17CV- 0573 ADJOURNED TO THE RESCHEDULED REGULAR MEETING OF JANUARY 9, 2018 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER San Luis Obispo City Council Minutes of January 9, 2018 Page 3 CALL TO ORDER A Rescheduled Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 9, 2018 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 Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Interim Deputy 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 Gomez led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session Items A through E. PRESENTATIONS 1. PROCLAMATION - WOMEN'S MARCH SAN LUIS OBISPO MONTH Mayor Harmon presented a Proclamation to Dawn Addis and Pat Harris representing SLO Women's March, declaring January 2018 as Women's March San Luis Obispo month. APPOINTMENTS 2. COUNCIL LIAISON SUBCOMMITTEE APPOINTMENTS 2018 City Clerk Gallagher presented the contents of the report. Public Comments: None End of Public Comments--- San Luis Obispo City Council Minutes of Januaa 9 2018 Page 4 ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Council Liaison Subcommittee assignments for calendar year 2018 as outlined in 2018 Subcommittee Worksheet. 3. APPOINTMENT TO THE PLANNING COMMISSION (PC) City Clerk Gallagher presented the contents of the report. Public Comments: Scott Mann ---End of Public Comments --- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to confirm the appointment of Mike Wulkan to the Planning Commission to complete an unexpired term through March 31, 2021. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Mayor Harmon spoke regarding the importance of civility. Luke Dunn Eugene Jud Kayne Randolph ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 4 thru 9. 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 DECEMBER 12, 2017 CARRIED 5-0, to approve the minutes of the City Council meeting of December 12, 2017. 6. FY 2016-17 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES San Luis Obispo City Council Minutes of January 9, 2018 Page 5 CARRIED 5-0, to: 1. Review the 2016-17 Fiscal Year Report on Development Impact Fees; and 2. Adopt Resolution No. 10853 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2016-17 Annual Report on Development Impact Fees and reaffirming the necessity of Development Impact Fees" accepting the report and making findings related to impact fee balances and in -lieu fees. 7. 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RESERVATION LETTER TO THE SAN LUIS OBISPO NON-PROFIT HOUSING CORPORATION CARRIED 5-0, authorize the Community Development Director to execute a Reservation Letter, authorizing the City to reserve $288,847 in Community Development Block Grant (CDBG) funds awarded to the San Luis Obispo Nonprofit Housing Corporation for property acquisition for the Courtyard at the Meadows affordable housing project. 8. HISTORIC SIGNIFICANCE DETERMINATION FOR A CONTRIBUTING LIST PROPERTY AT 676 MOUNTAIN VIEW STREET CARRIED 5-0, to adopt Resolution No. 10854 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, removing the property at 676 Mountain View Street from the Contributing Properties List of Historic Resources (676 Mountain View St, HIST -1138-2017)" determining that the structures at 676 Mountain View Street do not meet eligibility criteria for listing as Historic Resources and removing the property from the Contributing Properties List of Historic Resources. 9. UNREPRESENTED CONFIDENTIAL EMPLOYEES RESOLUTION CARRIED 5-0, to adopt Resolution No. 10855 (2018 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 six-month term (January 1, 2018 -June 30, 2018) and continuing Unrepresented Confidential Employee compensation without changes. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. PUBLIC HEARING - REVIEW OF AN APPEAL FILED BY RENTON PARTNERS LLC] OF THE TREE COMMITTEE'S DECISION TO DENY REMOVAL OF ONE FICUS STREET TREE LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 435 MARSH STREET ASSOCIATED WITH THE PROPOSED DEVELOPMENT OF THE SUBJECT PROPERTY EX PARTE COMMUNICATION Vice Mayor Christianson reported having gone to view the tree in question, Council Member Pease noted a site visit, Council Members Rivoire, Gomez and Mayor Harmon reported having no Ex Parte Communications. San Luis Obispo City Council Minutes of January 9, 2018 Page 6 Community Development Director Michael Codron and Associate Planner Kyle Bell provided an in-depth staff report and responded to Council questions. Public Comments: Applicant Representative Jim Rendler, Renton Partners, LLC spoke regarding the opportunity to have a legacy project on the land. He noted having met with staff to ensure all goals were met and added that to maintain the tree would cause a financial impact. He stated that the initial reason for meeting with the Tree Committee was to request removal and felt that an undue hardship would be caused if the tree remained. He discussed the trees location; he hopes to keep the New Zealand Christmas Tree and noted that replacement of a larger tree is a better option. Daniel Sinton spoke on behalf of the applicant to discuss the New Zealand Christmas Tree alternative. Scott Loosley, speaking on behalf of the Tree Committee discussed issues of controversial applications; he noted confusion of the review process specific to multiple committees weighing in on tree removals prior to and along with the Tree Committee's review. ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: adopt Resolution No. 10856 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, upholding an appeal to the Tree Committee decision to deny a tree removal request as represented in the City Council agenda report and attachments dated January 9, 2018 (435 Marsh Street APPL-1250-2017)," thereby granting final approval to remove the street tree based on findings of consistency with the General Plan, Zoning Regulations and applicable City Standards. As amended: SECTION 1. ITEM 1 TO READ: THE TREE HAS CA USE DAMAGE TO THE SIDEWALK AND CURB ADJACENT TO THE PROPERTY DUE TO THE INVASIVE NATURE OF FICUS TREE ROOT SYSTEMS, WHICH MAY LEAD TO CONTINUED....... SECTION 1. ITEM 2. TO READ: AND REPLACING WITH SIX TREES TO THE APPROVAL OF THE CITY ARBORIST... SECTION 1. ITEM 3. TO READ: INCLUDES SIX TREE SPECIES... ADDITIONALLY TO INCLUDE_ PROVIDE A MORE SUBSTANTIAL URBAN FOREST TO THE APPROVAL OF THE CITY ARBORIST. AND SECTION 3. ITEM 1 TO READ: SHALL INCL UDE SIX NEW 36 INCH BOX OR LARGER STREET TREES WITH TREE WELLS, GRATES AND GUARDS TO THE APPROVAL OF THE CITYARBORIST AND... San Luis Obispo City Council Minutes of January 9, 2018 Pad 7 11. WATER AND WASTEWATER RATE STRUCTURE REVIEW Utilities Director Carrie Mattingly, Utilities Project Manager Jennifer Metz, Shawn Koorn from HDR Engineering, Inc., 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 --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to: direct staff to incorporate the updated water and wastewater rate structures into the Water and Wastewater Rate Study and fund analyses. RECESS Council recessed at 8:25 p.m. and reconvened at 8:35 p.m., with all Council Members present. STUDY SESSION 12. PRELIMINARY RESULTS OF THE CAPITAL FACILITIES FEE PROGRAM NEXUS STUDY: STUDY SESSION #2 Community Development Director Michael Codron and Community Development Director Xzandrea Fowler provided an in-depth staff report with the use of a Power Point Presentation and responded to Council questions. Utilities report presentation provided by Shawn Koorn from HDR Engineering, Inc provided the Utilities Department report. Public Comments: Kevin Hauber Stephen Peck Charlene Rosales, San Luis Obispo Chamber of Commerce Marshall Ochylsia, San Luis Ranch Andrew Hackleman Laurie Tamura, Land Planner working with San Luis Ranch Steve Delmartini ---End of Public Comment --- By consensus, Council received and filed the: 1. Study session and presentation on the revised preliminary results of the Capital Facilities Fee Program Nexus Study and the Water and Wastewater Capacity and Connection Fee Program Study; and San Luis Obispo City Council Minutes of January 9, 2018 Page 2. Received public input and provided the following guidance to staff for further revisions of the Capital Facilities Fee Program and Capacity and Connection Fees: a. Pursue two-way dialogue with developers and property owners on the topic of feasibility and fee burdens b. Cannot be maximum fees, need policy adjustments to go beyond the technical adjustments c. Continue to look for ways to incentivize infill development and smaller units d. Shade towards getting housing built sooner e. Consider all of the suggestions on Packet Page 311 to reduce infrastructure costs f. Consider other ways to pay for General Government, Public Safety, Parks costs g. Work with Avila Ranch on the Los Osos Valley Road sub -area h. Pursue the citywide fee rather than separate fees for the north area and south area i. Consider more granularity, such as basing each fee on building area to incentivize smaller units j. Agree with nexus for a parks fee on non-residential development, but consider if there is another way to fund parks k. It may be useful to "back into' recommended fees based on what a workforce housing project can bear 1. Continue discounts for retail and hotel m. To accomplish affordable housing, we need flexibility n. A tax, similar to Measure J, may be necessary to support infrastructure for housing o. Despite the discussion about policy adjustments, new development is still required to pay its fair share p. It is time to search deeply for other funding sources for important infrastructure q. The City should be mindful that if most new development is of smaller units with little to no yard, demand for parks will increase and; 3. Directed staff to return on March 6, 2018, with applicable ordinances and resolutions to implement the updated Capital Facilities Fee Program based on the options endorsed by City Council. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease reported attending a sold out zero net energy class for design and building professionals, she added that the morning welcome was provided by Mayor Harmon; additionally, she congratulated Council Member Rivoire for his Vice Chair election to SLOCOG. Council Member Rivoire thanked Council Member Pease and added that he hopes his election will provide our City with a strong presence, he noted challenging times ahead for setting regional priorities and hopes to serve San Luis Obispo City well. Mayor Harmon reported attending the Cal Poly Solar Farm Tour, meeting with Sheriff Parkinson to discuss mental health challenges in the community and hopes a partnership can be created, she reported having traveled with City Attorney Dietrick to San Francisco to speak to the CPUC regarding the Diablo joint proposal settlement and lastly she reported having received an invitation to join San Luis Costal High Common Ground Task Force, she noted the groups diversity and the opportunity ahead to come together to create a great outcome. San_Luis Obispo City Council Minutes of January 9, 2018 _ Page 4 ADJOURNMENT The meeting was adjourned at 10:43 p.m. The next Regular City Council Meeting is scheduled for Tuesday, January 16, 2018 at 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, San Luis Obispo, California. ,6A, �- � Carrie Gallagher City Clerk APPROVED BY COUNCIL: 02/06/2018