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Home My WebLink About02-04-2020 City Council MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo CALL TO ORDER Tuesday, February 4, 2020 Regular Meeting of the City Council A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 4, 2020 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 Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez, and Mayor Heidi Harmon. Absent: City Staff Present: None 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. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: San Luis Obispo Wellness Center, Corporation v. City of San Luis Obispo; San Luis Obispo Superior Court Case No. 20CV-0035 B. THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code § 54957(a) Consultation with: San Luis Obispo Police Department, Police Chief and Police Captains Adjourn to the Regular City Council Meeting scheduled for Tuesday, February 4, 2020 at 5:45 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo. San ui s Obispo City Council Minutes of February 4. 2020 Page 2 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 4, 2020 at 6:03 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, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez, 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 lhe minules. PLEDGE OF ALLEGIANCE Council Member Stewart led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated the Council met in Closed Session regarding the following two items: A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Council authorize the defense of the action on a motion by Council Member Christianson and second by Council Member Pease approved by a vote of 5 -0. B. THREAT TO PUBLIC SERVICES OR FACILITIES No reportable action. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Richard Martin Janis Christopher David Christopher John Laird Jeffery Specht Kylie Clark Nick Regalia ---End of Public Comment--- San Luis Obispo City Council Minutes of February 4, 2020 CONSENT AGENDA Item 7 -PUBLIC COMMENT Kyuss Shriver Arie Lasal Eli Ben Akkare Zack Kridi Tom Kridi Issa Abdullah Tony Tanous ---End of Public Comment--- Council Member Pease requested Item #7 be pulled. Page 3 ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 1 thru 6. 1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 2. MINUTES REVIEW -DECEMBER 3, 2019 CITY COUNCIL MEETING CARRIED 5-0, to approve the minutes of the City Council meeting held on December 3, 2019. 3. INTRODUCE AN ORDINANCE AMENDING SECTIONS 13.04.060 AND 13.04.110 OF MUNICIPAL CODE CHAPTER 13.04 (WATER SERVICE) RELATING TO DISCONTINUATION OF RESIDENTIAL WATER SERVICES FOR NON- PAYMENT CARRIED 5-0, 1. Introduce Ordinance No. 1677 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Sections 13.04.060 and 13.04.110 of the San Luis Obispo Municipal Code Chapter 13.04 -Water Service" to comply with Senate Bill 998; and 2. Adopt Resolution No. 11082 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Discontinuation of Residential Water Services for Non-Payment Policy;" and 3. Adopt Resolution No. 11083 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Reconnection Fee for households demonstrating income less than two hundred percent of the Federal Poverty Line." an Lui Obi po City Council Minutes of February 4. 2020 Pag e4 4. AUTHORIZATION TO SUBMIT 2019-20 LOW CARBON TRANSIT OPERATIONS PROGRAM GRANT APPLICATIONS CARRIED 5-0, to adopt Resolution No. 11084 (2020 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 ------~do_c_urn~nJs.._o_n_~hal t_oftheC it 'fi r TransitCag ital Pro·e=c=ts,_,_. _______________ _ 5. SECOND READING OF ORDINANCE NO. 1675 (2020 SERIES) AMENDING MUNICIPAL CODE CHAPTER 5.20 -TAXICABS CARRIED 5-0, to adopt Ordinance No. t 675 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo , California, amending Municipal Code Chapter 5.20 regarding Taxicabs" to be complaint with new laws enacted by the California State Legislature in Assembly Bill 939. 6. SECOND READING OF ORDINANCE NO. 1674 (2020 SERIES) AMENDING DESIGNATED PORTIONS OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE SECTION 3.04.020, SECTION 3.04 .080, SECTION 3.04.090, SECTION 3.04.100 AND SECTION 3.04.130 OF MUNICIPAL CODE CHAPTER 3.04 -TRANSIENT OCCUPANCY TAX CARRIED 5-0, to adopt Ordinance No. 1674 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section 3.04.020, Section 3.04.080, Section 3.04.090, Section 3.04.100 and Section 3.04. t 30 of Municipal Code Title 3.04 -Transient Occupancy Tax." 7. SECOND READING OF ORDINANCE NO. 1676 (2020 SERIES) AMENDING CHAPTER 8.14 (HEALTH & SAFETY) FOR TOBACCO RF'.TATLF'.R LTCF'.NSF'.S ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 , to adopt Ordinance No . 1676 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending the Municipal Code Chapter 8.14 (Health and Safety) for Tobacco Retailer License" prohibiting the sale of electronic cigarette products that have not received premarket review by the U.S . Food and Drug Administration. San Luis Obispo Citv Council Minutes of February 4. 2020 Page 5 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 8. PUBLIC HEARING -INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT Community Development Director Michael Codron and Assistant Planner Kyle Van Leeuwen provided an in-depth staff report and responded to Council questions. Public Comments: Dustin Pires Bryan Ridley Cristina Pires James Papp Greg Wynn ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR GOMEZ, SECOND BY COUNCIL MEMBER STEWART CARRIED 5-0 to: 1. Introduce Ordinance No. 1678 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, to amending Title 17 (Zoning Regulations) of the Municipal Code associated with Accessory Dwelling Units and introducing Junior Accessory Dwelling Units." 2. Adopt Emergency Ordinance No. 1678 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, to amending Title 17 (Zoning Regulations) of the Municipal Code associated with Accessory Dwelling Units and introducing Junior Accessory Dwelling Units" approving amendments to Title 17, that will be in effect until April 27, 2020. With the following changes to the Ordinance: Page 7 of Ordinance -Performance Standards and Compatibility (change shown in italics) v. Accessory dwelling units that include the creation of new square footage shall be limited to 16 feet in height, with an exception for accessory dwellings units that are constructed above an existing garage, which shall be limited to 25 feet in height. Up to 150 square feet of new square footage may be exempted from this requirement in connection to a conversion of existing upper floor square footage, but only as needed to accommodate ingress and egress. Page 9 of Ordinance -Exception 9. Exceptions. The director may authorize an exception to the square footage standards to allow an accessory dwelling unit up to 1,200 square feet through the director's action process. No other exceptions to the provisions of this Section shall be approved, except as provided in subsection B.5.a.(10). San ui s Obi s po C it y Council Minut es o f F ebruary 4, 2020 Page 6 Page 9 of Ordinance -ADU to JADU modification to language to allow some flexibility: d. Location. A junior accessory dwelling unit must be created within the walls of a proposed or existing primary dwelling. Conversion of an existing garage or e Ue ched c1eeessory d>.11e lling i mil into a junior accessory dwelling unit is not permit by this section. And with the following direction: Allowing for Director approval for removal of owner occupancy requirement on previously approved ADUs. RECESS Council recessed at 8:25 p.m. and reconvened at 8:40 p.m., with all Council Members present. 9. COUNCIL COMPENSATION COMMITTEE RECOMMENDATIONS Deputy City Manager Greg Hermann, City Clerk Teresa Purrington, Human Resources Director Monica Irons, Human Resources Analyst Brittani Roltgen and Council Compensation Committee Chair Dan Rivoire provided an in-depth staff report and responded to Council questions. Public Comments: Ty Safreno Henry A.J. Ramos Jeffery Specht David Garth Audrey Bigelow Erin Foote James Papp David Baldwin Tim Jouet Kelly Donohue Garrett Otto Christina Pires Eric Veium Quinn Brady ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR GOMEZ, SECOND DY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 11085 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, setting new salaries for the Mayor and Council Members." San Luis Obispo Citv Council Minutes of February 4, 2020 Page 7 COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Stewart attended the CPX diversity training by Cal Poly. Mayor Harmon attended the Green Builders Magazine's awards in Las Vegas. ADJOURNMENT The meeting was adjourned at 10:14 p.m. The next Regular City Council meeting is scheduled for Tuesday, February 18, 2020 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 02/18/2020 ) Teresa Purrington City Clerk