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Home My WebLink About11-27-2018 Minutestie Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday November 27, 2018 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, November 27, 2018 at 6:00 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 Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Dan Rivoire led the Pledge of Allegiance. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Tommy Atkinson Olivia Ray Grace Calhoun Kelly Morris Gina Whitaker Donald Hedrick Mila Vujovich-LaBarre ---End of Public Comment --- San Luis Obispo Page I San Luis Obispo City Council Minutes of November 27 2018 Pae 2 CONSENT AGENDA ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 1-6 and 8 - 9. Mayor Harmon recused herself on Item 7. ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0-1 (MAYOR HARMON recused) to approve Consent Calendar Item 7. PUBLIC COMMENT Eugene Jud — Item 3 Don Hedrick — Item 9 Mila Vujovich LaBarre — Item 3 1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5 — 0 to waive reading of all resolutions and ordinances as appropriate. 2. REVIEW MINUTES OF THE NOVEMBER 13 2018 CITY COUNCIL MEETING CARRIED 5 — 0 to approve the minutes of the City Council meeting held on November 13, 2018. 3. APPROVAL OF THE FINAL MAP FOR TRACT 3096, SAN LUIS RANCH, 1035 MADONNA ROAD (SBDV-3772-2016) CARRIED 5 — 0 to adopt Resolution No. 10961 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3096 San Luis Ranch (1035 Madonna Road, SBDV-3772-2016)" and authorizing the Mayor to execute the easements, agreements, and fee offers associated with Tract 3096, including staff s proposed revision to Section 3 of the Resolution as presented in the agenda correspondence. 4. PERMANENT PLACEMENT OF SECURITY CAMERAS IN MISSION PLATA, MITCHELL AND MEADOW PARKS CARRIED 5 — 0 to approve a new capital improvement project to permanently place security cameras in Mission Plaza, Meadow Park, and Mitchell Park. 5. CURATION OF 842 PALM STREET PARKING STRUCTURE ARCHAEOLOGICAL COLLECTION CARRIED 5 — 0 to authorize the City Manager to enter into a sole -source agreement with the San Luis Obispo County Archaeological Society (SLOCAS), in the amount of $129,000 to curate and permanently store the 842 Palm Street Parking Structure Archaeological Collection. San Luis Obispo City Council Minutes of November 27, 2018 Page 3 6. AMENDMENT TO LEGAL SERVICES AGREEMENT FOR CONTRACT DEPUTY CITY ATTORNEY SERVICES CARRIED 5 — 0 to authorize the City Attorney to execute a Second Amendment to the Legal Services Agreement with the law firm of Hanley and Fleishman, LLP (Original Agreement effective April 1, 2017, First Amendment executed June 6, 2017) adding an additional 12 months to the agreement and increasing the not -to -exceed amount by $72,000 to $180,000. 7. REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE TERESA TORRES TRUE HOUSE (A MASTER LIST RESOURCE) CARRIED 4 — 0 — 1 (Mayor Harmon recused) to adopt a Resolution No. 10962 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California approving a Historic Property Preservation Agreement between the City and the owner of the Teresa Torres True House at 1214 Mill Street," under the terms described in the draft agreement. 8. HOMELESS SHELTER CRISIS DECLARATION CARRIED 5 — 0 to: 1. Adopt a Resolution No. 10963 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, declaring a shelter crisis pursuant to SB 850 (Chapter 48, Statues of 2018 and Government Code Section 8698.2)"; and 2. If a homeless shelter crisis is declared, authorize the City Manager to submit eligible services and programs for funding from the Homeless Emergency Aid Program under SB 850; and 3. If the funding is awarded, authorize the City Manager to execute all funding related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the funding. 9. ADOPTION OF AN ORDINANCE TO AUTHORIZE THE IMPLEMENTATION OF A COMMUNITY CHOICE ENERGY PROGRAM CARRIED 5 — 0 to: 1. Adopt Ordinance No. 1656 (2018 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, repealing the existing community choice aggregation ordinance and authorizing the implementation of a community choice aggregation program by participating in Monterey Bay Community Power's community choice aggregation program"; and 2. Adopt a Resolution No. 10964 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, terminating the Central Coast Community Energy Joint Powers Agreement on behalf of the City of San Luis Obispo"; and San Luis Obispo City Council Minutes of November 27 2018 Pae 4 Authorize the Mayor to execute an Agreement entitled, "An Agreement between the City of San Luis Obispo and the City of Morro Bay terminating the Joint Exercise of Powers Agreement Establishing Central Coast Community Energy." PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. PUBLIC HEARING - REVIEW OF A FEE SCHEDULE AND EVALUATION CRITERIA FOR CANNABIS BUSINESS OPERATOR PERMITS Community Development Director Michael Codron and Associate Planner Rachel Cohen provided an in-depth staff report and responded to Council questions. Public Comments: Bill Isaman Daniel Blakely Brandon Martinez Harry Hamilton Raffi Kaloosune Don Hedrick Vittoria Comin John Barthel Julian Michalouske Eric Powers Megan Souza Sean Donahoe Nick Andre Levi Seligman ---End of Public Comment --- RECESS Council recessed at 8:10 p.m. and reconvened at 8:20 p.m., with all Council Members present. ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: Adopt a Resolution No. 10965 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, amending the City's Master Fee Schedule with updated user and regulatory fees for various commercial cannabis business activities" for both one-time application and ongoing costs for cannabis business operator permits; and 2. Adopt a Resolution No. 10966 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving cannabis operator permit ranking criteria and the annual application submittal period (CODE -1058-2017)." San Luis Obispo City Council Minutes of November 27, 2018 _^Pase 5 Including the following: ■ Revisions made to the criteria presented by staff at the meeting, • Change to Retail Evaluation Criteria - Merit Criteria 2.0 — Experience - to remove "commercial" from compliant commercial cannabis business, and; • Direct staff to return with an additional set of lower fees to support "cottage" industry businesses, which may require less oversight due to the size of the operation. 11. PUBLIC HEARING - FOLLOW-UP ITEMS FROM THE CITY COUNCIL'S APPROVAL OF THE COMPREHENSIVE UPDATE TO THE CITY'S ZONING REGULATIONS {TITLE 17] OF THE MUNICIPAL CODE INCLUDING TINY HOMES ACCESSORY DWELLING UNITS OWNER OCCUPANCY AND LOT COVERAGE REQUIREMENTS, ELECTRIC VEHICLE PARKING, DOWNTOWN OVERLAY ZONE, AND ADDITIONAL MISCELLANEOUS CLEAN UP ITEMS Community Development Director Michael Codron, Deputy Director Doug Davidson and Associate Planner Kyle Bell provided an in-depth staff report and responded to Council questions. Public Comments: Marcus DiMaggio Phil Hurst Elyison Huddleston Carolyn Huddleston Joe Pollon LynAnne Wiest Celeste Goyer Stephanie Teaford Anne Wyatt Doug Rion Sierra Layous Sara Crable Steve Delmartini ---End of Public Comment ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. Introduce an Ordinance entitled "An Ordinance of the City Council of the City of San Luis Obispo, California introducing follow-up items from the Council's approval of the comprehensive update to the City's Zoning Regulations (Title 17) of the Municipal Code including Tiny Homes, Accessory Dwelling Units Owner Occupancy and Lot Coverage Requirements, Electric Vehicle Parking, Downtown Overlay Zone, and additional miscellaneous clean up items. Including adoption of an addendum to a Negative Declaration of Environmental Review, as represented in the staff report and attachments dated November 27, 2018 (Zoning Regulations, GENP-0327-2017)"; and 2. Adopt the Addendum to the Negative Declaration of Environmental Impact. San Luis Obisl2o City Council Minutes of November 27 2018 Pae 6 With the following additions/revisions: Electric Vehicle (EV) Parking • Addition of the word "operational" to EV charging station. Recreational Vehicles — Use as Dwelling — Parked on a Private Lot • Eliminate requirement for screening and skirting. • Section 19. E. 1. b. Time Limit changed to: Renewal. The Director shall renew the approval of a movable tiny home for a period of three to five years upon receipt of a complete application and completion of an inspection by the City to confirm continued compliance with the standards in this section. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon spoke at the President's gathering at Cal Poly, presented a proclamation at the inner faith thanksgiving gathering, went on a tour of the anerobic digester, attended an APCD and attended first Common Ground group put together by San Luis Coastal School District. ADJOURNMENT The meeting was adjourned at 10:52 p.m. to a Special City Council Meeting to be held on Monday, December 3, 2018 at 3:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California for the purposes of certifying the results of the General Municipal Election of November 6, 2018. The next Regular City Council Meeting is scheduled for Tuesday, December 4, 2018 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. r Teresa Purrington City Clerk APPROVED BY COUNCIL: 01/08/2019