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Home My WebLink About01-06-2015 Minutesall Council Minutes j� City Hall, 990 Palm Street, San Luis Obispo Tuesday, January 6, 2015 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 6, 2015 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, 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 Rivoire led the Pledge of Allegiance. PROCLAMATION A. PROCLAMATION— KIWANIS CENTENNIAL Mayor Marx presented a Proclamation to Sandy Fisher, Kiwanis Division 24 Lieutenant Governor, Theo Dunn, President of the San Luis Obispo Morning Kiwanis Club, and James Shammas, President of the San Luis Obispo Afternoon Kiwanis Club, recognizing the centennial anniversary of Kiwanis International. San Luis Obispo Cily Council Minutes of January 6, 2015 Page 2 PRESENTATION A. PRESENTATION REGARDING THE CAL POLY MASTER PLAN UPDATE Community Development Director Johnson introduced Linda Dalton, Interim University Planning Officer, who narrated a PowerPoint presentation regarding the Cal Poly Master Plan Update. APPOINTMENTS Al. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2015 City Clerk Mejia reviewed the contents of the Council Agenda Report and responded to Council inquiries. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Approve the Council Liaison Subcommittee assignments for calendar year 2015 as outlined in the Council Agenda Report dated January 6, 2015, with the following correction: Performing Arts Center Marx Commission Marx Christianson Ashbaugh (Mayor/Vice Lichtig Mayor as alternate) Lichtig Codron Codron (Quarterly) 2. Appoint Noah Evans, Whale Rock Supervisor, to serve as the City's alternate representative to the Paso Robles Groundwater Basin Advisory Committee and recommend that the County Board of Supervisors confirm such appointment. PUBLIC COMMENT Don Hedrick, San Luis Obispo, opined that some of the City's ordinances violate the constitution and citizen rights. Bryan Ridley, San Luis Obispo, voiced support for the creation on parklets; suggested that a parklet should be created near Monterey and Osos Street. John Holloman, San Luis Obispo, spoke on his experience attempting to get a home loan modification and related difficulties. San Luis Obispo City Council Minutes of January 6, 2015 Page 3 CONSENT AGENDA MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to approve Consent Calendar Items C 1 through C6. Steve Barasch, San Luis Obispo, recommended that the City initiate a review of the development impact fee; conveyed concern that high development impact fees can hinder affordable housing development. Donald Hedrick, San Luis Obispo, opined that Item C3 related to the City Council Meeting schedule be agendized as a business item; spoke on the need for the City to address maintenance of open space. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETINGS OF NOVEMBER 13, 2014, AND NOVEMBER 18, 2014, AND DECEMBER 1, 2014 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to approve the Minutes of the City Council meetings of November 13, 2014, November 18, 2014, and December 1, 2014. C3. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to: 1. Reschedule the Regular City Council Meeting of April 7, 2015 to March 31, 2015. 2. Cancel the Regular City Council Meeting of August 4, 2015. C4. FISCAL YEAR 2013 -14 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to: L Review the 2013 -14 Fiscal Year Report on Development Impact Fees. 2. Adopt Resolution No. 10589 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2013 -14 Annual Report on Development Impact Fees and reaffirming the necessity of Development Impact Fees." San Luis Obispo City Council Minutes of January 6, 2015 Page 4 C5. COLLECTION SYSTEM POINT REPAIRS 2015, SPECIFICATION NO. 91306 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to: E Award a contract with D -Kal Engineering, Inc., in the amount of $149,194.89 for the Collection System Point Repairs 2015, Specification No. 91306. 2. Approve the fund transfer amount of $178,000 from the Collection System Improvement Master Account Specification No. 90239 to the Collection System Point Repairs 2015 project's construction phase. C6. REQUEST FOR PROPOSALS FOR APPRAISAL SERVICES FOR OPEN SPACE ACOUISITION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to: 1. Authorize the issuance of a Request for Proposals for Appraisal Services for Open Space Land Acquisition in furtherance of the City's Greenbelt Protection Program. 2. Authorize the City Manager to award a consultant services agreement in an amount not -to- exceed $50,000 consistent with the available budget for these projects. PUBLIC HEARING PHI. CONSIDERATION OF ALLOWING OWNER- OCCUPIED HOMESTAY RENTALS — RESOLUTION AND ORDINANCE INTRODUCTION Community Development Director Johnson and Special Projects Manager Hermann narrated a presentation entitled "Homestay Ordinance" and responded to Council inquiries. Mayor Marx opened the public hearing. Jeff Eidelman, San Luis Obispo, noted that he is a member of SLO Hosts and Residents for Quality Neighborhoods (RQN), thanked Council and staff for bringing the ordinance forward; urged Council to adopt the proposed ordinance. Sky Berm , San Luis Obispo, expressed support for the ordinance, but with the revision that the owner only be required to be nearby, rather than on -site, from 11 p.m. to 6 a.m. San Luis Obispo City Council Minutes of January 6, 2015 Pa,,e 5 Catherine Dom, San Luis Obispo, urged Council to adopt the ordinance with amendments to eliminate the notification requirements and on -site supervision between 11 p.m. to 6 a.m.; recommended that the program be complaint -based and that noise and parking requirements be posted in the residence. Barrie duBois, San Luis Obispo, encouraged Council to adopt the proposed ordinance. Linda White, San Luis Obispo, suggested that the entitlement for a homestay use be granted as an operator permit, rather than running with the land. Carolyn Smith, San Luis Obispo, urged Council to deny the ordinance, or revise it to include concentration limits and proactive code enforcement. Camille Small, San Luis Obispo, urged Council to exercise caution if adopting the ordinance and include provisions for neighbor notification. Annette Pool, San Luis Obispo, voiced her support for the homestay program. D. Rosh Wright, San Luis Obispo, urged Council to adopt the Ordinance with the elimination of an 11 p.m. curfew for property owners. Donald Hedrick, San Luis Obispo, voiced opposition to the adoption of the ordinance at this time. Jim Culver, San Luis Obispo, voiced support for the proposed ordinance and encouraged Council adoption. Minke WinklerPrins, San Luis Obispo, recommended that Council adopt the proposed ordinance. Donna Lewis, San Luis Obispo, conveyed support for the homestay ordinance and recommended Council adoption. Mary Lou Johnson, San Luis Obispo, expressed opposition to the proposed ordinance. Sandra Rowley, representing Residents for Quality Neighborhoods, stated that adoption of the ordinance will essentially place a tourist commercial overlay over residences throughout the city; recommended that homeowners must be present where there are guests on -site, inclusion of regulations for revocation, and limits on the number of rental days. Kurt Friedmann, San Luis Obispo, voice support for the ordinance, but revised to treat homestays the same as long -term rentals; noted that vacation rentals and homestays have had very limited complaints filed in the past. San Luis Obispo City Council Minutes of January 6, 2015 Page 6 John Semon, San Luis Obispo, expressed support for the ordinance, but revised to eliminate the requirement that the owner be required to be on -site from 11 p.m. to 6 a.m. There being no others desiring to speak on this item, the public hearing was closed. RECESS Council recessed at 8:30 p.m. and reconvened at 8:46 p.m., with all Council Members present. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to: 1. Introduce Ordinance No. 1611 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code regarding Homestay Rentals and approving the Negative Declaration of Environmental Impact (CODE 0058- 2015)," amended as follows: a. Add Section B.3., Owner Occupancy, which shall read "A lawfully permitted dwelling that is occupied by the owner(s) named on the property deed as their primary residence and is occupied by them for the major portion of the year." b. Add Section B.4., Responsible Part y, which shall read "A person over the age of 18 who is designated by the owner of the property as a point of contact for the homestay rental in the event the owner occupier is not on the property at all time during the rental to answer for the maintenance of the property and conduct and acts of homestay guests. The responsible party's contact information must be provided to homestay guests, adjacent neighbors and stated on the application." c. Amend the last sentence of Section C., Permit Required, to read "Any request to waive or modify 17.08.140 D. shall require an administrative use permit." d. Add Section D.S., which shall read "The operator of the homestay must provide the name and contact information of a responsible party in the application, if the owner occupier anticipates he or she may not be on the premises at all times during the homestay rental." (Council action continued on next page) San Luis Obispo City Council Minutes of January 6, 2015 Page 7 e. Amend Section E.4. to read "At all times when a homestay rental is occurring, the owner or responsible party must be within a fifteen (15) minute drive of the property. The owner or responsible party must be available via telephone twenty -four (24) hours a day, seven (7) days a week, to respond to complaints regarding the homestay. Contact information for the owner and responsible party must be provided to homestay guests, adjacent neighbors and stated on the application." f. Add Section E.5., which shall read "Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay application shall be required within 60 days of the transfer. Failure to submit a new application as required within 60 days shall result in the termination of the existing permitted use." 2. Adopt Resolution No. 10590 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, reinstating enforcement of the Vacation Rental Prohibition and establishing an amnesty period (of ninety days) for unpaid transient occupancy tax for homestay rentals." Council requested that staff provide a memo on the status of the Homestay Rental Ordinance after one -year of implementation. BUSINESS ITEM B1. REVIEW OF THE REMOVAL OF 742 MARSH STREET FROM THE CITY'S LIST OF CONTRIBUTING HISTORIC RESOURCES (CITY FILE CHC _151 -14) Council Member Carpenter recused himself from deliberations on this item due to his ownership of property within 500' of the subject site; left the Chamber at 8:56 p.m. Community Development Director Johnson and Senior Planner Dunsmore narrated a presentation entitled "Review of the eligibility of 742 Marsh Street as a designated Historic Resource" and responded to Council inquiries. The following individuals voiced support for the delisting of 742 Marsh Street from the City's list of historic resources: Ariel Shannon, owner of Blue Bird Salon located at 742 Marsh Street. Brian Engleton, San Luis Obispo Curtis Campbell, San Luis Obispo Janina Cannon, San Luis Obispo Mike McNamara, property owner of 742 Marsh Street San Luis Obispo City Council Minutes of January 6. 2015 Page 8 Sarah Twisselman, San Luis Obispo Jill Stollmeyer, San Luis Obispo Blake Beltram, San Luis Obispo Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4 -0 (COUNCIL MEMBER CARPENTER RECUSED), to adopt Resolution No. 10591 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, removing the property located at 742 Marsh Street from the Contributing List of Historic Resources in the Downtown Historic District (CHC 151 -14)." LIAISON REPORTS Council liaison reports were received from Council Member Christianson, Vice Mayor Ashbaugh, and Mayor Marx. COUNCIL COMMUNICATIONS Council referred the inquiries related to the establishment of parklets to staff for follow -up as appropriate. ADJOURNMENT The City Council adjourned at 9:42 p.m., to a Community Forum on the City's Goal Setting /Budget Process to be held on Tuesday, January 13, 2015 at 6:00 p.m. in the Ludwig Community Center, 864 Santa Rosa Street, San Luis Obispo, California. The next Regular City Council Meeting will be held on Tuesday, January 20, 2015 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 02/17/2015