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HomeMy WebLinkAbout03-17-2015 Minutes1 ; ; Council Minutes }� City Hall, 990 Palm Street, San Luis Obispo Tuesday, March 17, 2015 Regular and Special Meetings of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 17, 2015 at 4:30 p.m. in the 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. BUSINESS ITEM 131. ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE AND ESTABLISHMENT OF THE INFRASTRUCTURE INVESTMENT CAPITAL FUND (IICF) - RESOLUTION Assistant City Manager Codron and Economic Development Manager Johnson narrated a presentation entitled 'Economic Development Strategic Plan Update" and responded to Council inquiries. Victor Montgomery, Avila Beach, spoke in support of creating an Infrastructure Investment Capital Fund (IICF); opined that funds should support economic development or housing, not administrative costs such as feasibility studies and consultant services. Christine Rogers, Economic Vitality Corporation, Morro Bay, noted the interplay between infrastructure needs, economic development, and creation of workforce housing; commented on the need to leverage multiple funding sources. Charlene Rosales, San Luis Obispo Chamber of Commerce, spoke in support of establishing the IICF; suggested that the resolution verbiage be more specific related to disposition of funds; opined that the City should seek a consultant to develop a funding priority list and fund the IICF on par with the Natural Resources Acquisition Fund. San Luis Obispo City Council Minutes of March 17. 2015 Page 2 Bob Stets, San Luis Obispo, voiced support for a consultant - developed list of funding priorities; stated that such a list would add transparency, aid in community understanding, and help the City leverage grant funds when available. Erik Justesen, San Luis Obispo, urged Council to move forward with the IICF, but with a higher level of funding on par with the Natural Resources Acquisition Fund; spoke on deferred maintenance impacting the development of housing. Bill Almas, San Luis Obispo, spoke in support of the creation of the IICF; opined that Council still needs to prioritize projects in both the IICF and Capital Improvement Fund. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: Receive and file the annual Economic Development Strategic Plan update. 2. Approve a new Budget and Fiscal Policy supporting the creation of an Infrastructure Investment Capital Fund (IICF) to be adopted as part of the 2015- 17 Financial Plan. Adopt a Resolution entitled "A Resolution of the City Council of the City of San Luis Obispo, California. establishine the Infrastructure Investment Capital Fund and the criteria for evaluating use of the funds," with the following revisions: a. The third finding to read as "Whereas, the City of San Luis Obispo has updated its Land Use and Circulation Element and planned for significant development in to meet General Plan objectives for housing and new job centers close to housing; and." b. The fourth finding to read as "Whereas, there are many potential development sites that exist in locations that currently have little or no infrastructure, including roads, utilities, storm drains, and other key facilities to support planned growth; and." C. The fifth finding to read as "WHEREAS, the intent of the Infrastructure Investment Capital Fund is to help the City realize the benefits of growth that is well - planned, and that would not occur in a timely manner without City participation in the financing of supporting infrastructure; and." d. "WHEREAS, these funds could be used to leverage additional grant funding, as loans or for direct City participation in priority infrastructure that will enhance the quality of life and improve economic development; and" to be inserted as the sixth finding." (Council action continued on next page) San Luis Obispo City Council Minutes of March 17, 2015 Page _3 e. Section 1. Infrastructure Investment Fund Award Guidelines, Items 1 through 4, to read as: "1) The use of City funds shall not offset any cost that would be expeeted legally required to be paid to meet the fair share obligation of the developer requesting City investment in an infrastructure project. 2) The use of City funds shall not offset a rip �vate project's specific mitigation cost identified through the environmental review process or under existing regulations or policies. 3) The use of City funds shall support a project that would not otherwise be feasible in a timely manner due to the economic environment, the timing of the project, or other constraints outside the control of the project proponents or the City. 4) The project proponents shall demonstrate a significant public benefit associated with construction of the project that wetild ne ether-wise be possible wi*he merits City participation." f. Section 2. Evaluation Criteria, Item 1, to read as "Significant public benefit, demonstrated by cCompliance with and furtherance of General Plan goals, policies, and programs." 4. Approve a budget amendment request to reallocate $60,000 from the Economic Development Program operating budget to the IICF. PRESENTATION P1. WHAT IS GEOGRAPHIC INFORMATION SYSTEM (GIS)? Interim Director of IT and Financial Planning Stilwell and GIS Supervisor Yun narrated a presentation entitled "What is Geographic Information System (GIS) ?" and responded to Council inquiries. BUSINESS ITEM B2. APPOINTMENTS TO THE ZONE 9 ADVISORY COMMITTEE This item was reordered, by general consensus of the Council, to be heard immediately preceding Item A1., Appointments, on the following Regular Meeting agenda. RECESS Council recessed at 5:50 p.m. San Luis Obispo City Council Minutes of March 17, 2015 Pape _4 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 17, 2015 at 6:05 p.m. in the 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. PT,FDGE OF AT,LEGTANC E Council Member Carpenter led the Pledge of Allegiance. PRESENTATION P1. PROCLAMATION — ABSOLUTELY INCREDIBLE KID DAY Mayor Marx presented a Proclamation to Susan Hanson, representing the Red Hot Crafty Critters Camp Fire Club, proclaiming March 19, 2015 as "Absolutely Incredible Kid Day." BUSINESS ITEM B2. APPOINTMENTS TO THE ZONE 9 ADVISORY COMMITTEE This item was reordered from the Special Meeting Agenda by consensus of the Council. City Clerk Mejia summarized the contents of the Council Agenda Report and announced that Mr. David Fawcett requested that his application be withdrew from consideration. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to appoint Dave Romero to serve as the alternate public member on the Zone 9 Advisory Committee, effective March 17, 2015, for a term expiring on December 31, 2018, and recommend the County Board of Supervisors confirm. San Luis Obispo City Council Minutes of March 17, 2015 Pagc APPOINTMENTS Al. 2015 APPOINTMENTS TO CITY ADVISORY BODIES City Clerk Mejia summarized the contents of the Council Agenda Report and responded to Council inquiries. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 5 -0, to: Make appointments to the City's Advisory Bodies effective April 1, 2015 as set forth in the Council Agenda Report and direct the City Clerk to continue to recruit for any unfilled vacant positions, with the following amendments: a. Appoint Douglas Single to the Parks and Recreation Commission for a term to expire on March 31, 2019. b. Appoint Deborah Lewis to the Promotional Coordinating Committee for a term to expire on March 31, 2017. PUBLIC COMMENT Camille Small, San Luis Obispo, spoke in support of the City adopting ordinances prohibiting rooftop gatherings and imposing incrementally- increasing fines after midnight for unruly parties. Craig Mesman, Hope's Village of SLO, spoke on micro - housing and distributed a letter of support from a Eugene, Oregon City Council Member addressed to the San Luis Obispo City Council. Dan Senser, representing Californians for Missing Children, Arroyo Grande, commented on the City's rental housing inspection program; noted that such programs can aid in the location of missing and exploited children. Dave Hannings, San Luis Obispo, noted that he lives in the downtown and is a Cal Poly professor; opined that, while Cal Poly and the City speak publicly about addressing issues related to student misbehavior, there is inadequate Police response and enforcement. Andrea Devitt, San Luis Obispo, commented that only the symptoms of the problem of student misbehavior are being addressed; opined that only a few college students are causing the majority of problems and draining resources and that responsibility for addressing the root problem rests with the entire community. Isabel Marques, San Luis Obispo, noted that she is a landlord who has added a clause in her lease prohibiting roof climbing; commended emergency response personnel for their handling of a roof collapse and injuries at a recent St. Patrick's Day party; stated that a high volume of freshman apartments on Slack Street will negatively impact the neighboring elementary school. San Luis Obispo City Council Minutes of March 17, 2015 Page 6 Carolyn Smith, Residents for Quality Neighborhoods, stated that neighborhoods continue to be negatively impacted by issues stemming from Cal Poly; urged Council to seek news way to minimize impacts; suggested that existing ordinances and staff allocation be re- evaluated for improving enforcement. Steve Barasch, San Luis Obispo, opined that more police presence and a police oversight committee are needed; distributed an article documenting the Fire Department's ability for quick response; suggested that University Police should have an expanded jurisdiction. Linda White, San Luis Obispo, requested that Council be more active in representing the interests of residents with regard to the negative impact of college partying; voiced concern that San Luis Obispo is becoming like Isla Vista; opined that San Luis Obispo should strive to set a good example, even though administrators seem to agree that the local situation is not unique. Sharon Whitney, San Luis Obispo, noted that she resides in the neighborhood where a roof collapse and injuries occurred during a recent college party; voiced her disappointment that neighborhoods continue to suffer negative impacts; suggested that local government and Cal Poly administrators need to collaborate with neighborhoods to implement solutions. Dana Alpert, Templeton, spoke about the benefits of the Camp Happy Talk summer program for children with speech impediments, which is unique in the region; encouraged the community to sunnort p g . the program's fiindin needs- Claire 1 1 V V Claire Lindsey, Vice President of Communications for the Cal Poly Panhellenic Council, issued an apology for the negative impact of a recent party on Hathaway Avenue; noted that the body does not condone such behavior; called on Cal Poly students to join in preventing future incidents. Donald Hedrick, San Luis Obispo, noted that the Council's 4:30 p.m. Special Meeting concerned a budgetary item; opined that such matters should not be heard at early meetings because residents may not be able to attend. Michelle Tasseff, San Luis Obispo, noted that she is a former college student and parent of a Cal Poly student; commended Council Member Carpenter for his evenhanded treatment of all sides of the issue; suggested that a mediator be hired to help achieve resolution among the interests of students, administrators, and the City. David Brodie, San Luis Obispo, proposed that Council address the issue of the proliferation of downtown alcohol outlets by holding a community workshop. Jeff Eidelman, San Luis Obispo, noted that he resides in the neighborhood where the roof collapse occurred during a recent college party; spoke on the importance of controlling offensive behavior with enforcement of ordinances; stated that the Council should commit to resolving the matter with Cal Poly. San Luis Obispo City Council Minutes of March 17 „-2.015 Page 7 Jeff Armstrong, Cal Poly President, noted Cal Poly's desire to partner with the City and to provide on- campus housing for a significant portion of all students; apologized for recent unruly student behavior and noted that an investigation is underway to hold responsible parties accountable; stated that Civility Taskforce recommendations will be presented and implemented. Fire Chief Olson and Police Chief Gesell summarized the City's emergency response to the recent large, unruly gathering on Hathaway Street involving the collapse of a residential garage roof and related injuries. In response to public comment, Council directed staff to include analysis of existing party control ordinances, and evaluation of whether additional measures are needed to address and prevent future large unruly gatherings, in the Neighborhood Civility Working Group report for presentation on May 19, 2015. CONSENT AGENDA Donald Hedrick, San Luis Obispo, asserted that second readings of ordinances should be a "business item” on the agenda and read aloud; suggested improvements to the City's online agenda packet. Frank Compston, owner of Blue Sky Vapes, Santa Maria, voiced opposition to the ordinance which would regulate e- cigarettes in the same manner as tobacco cigarettes; requested that exclusions be allowed for existing businesses; spoke on the benefits of allowing indoor e- cigarette use, including use as a smoking cessation aid. Mayor Marx noted that the Regional Transit Authority (RTA) Board voted unanimously to allow the City to buy the surplus vehicle from RTA for $1, in the spirit of cooperation. Vice Mayor Ashbaugh noted for the record that his opposition to exemptions for existing e- cigarette vendors stemmed from a desire to level the competitive playing field; opined that the regulations will likely warrant fine - tuning in the future. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve Consent Calendar Items C1 through C9. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. San Luis Obispo City Council Minutes of March 17, 2015 Page 8 C2. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 24, JANUARY 27, FEBRUARY 3, FEBRUARY 9, FEBRUARY 17, AND MARCH 3, 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve the Minutes of the City Council meetings of January 24, January 27, February 3, February 9, February 17, and March 3, 2015. C3. FISCAL YEAR 2015 -16 GRANT APPLICATION FOR DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL - RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: Authorize the Police Department to submit a grant application to the Department of Alcoholic Beverage Control for fiscal year 2015 -16 not to exceed $35,000. 2. Adopt Resolution No. 10604 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing grant applications for funding provided through the Department of Alcoholic Beverage Control to increase education and enforcement programs focusing on regulating retail alcohol outlets." 3. If the grant is awarded, authorize the Chief of Police to execute all grant related documents and authorize the Finance Director to make the necessary budget adjustments upon award of the grant. C4. ACOUISITION OF SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY'S SURPLUS VEHICLE MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: Authorize the Transit Manager to execute a purchase order and acquire one surplus gasoline cut -away vehicle from the Regional Transit Authority (RTA) and add it to the City of San Luis Obispo Transit fleet for a cost of $1 plus any tax and licensing fees. 2. Approve an amendment to the Transit Fund budget to add a Capital Improvement Project appropriation in the amount of $1.00 to allow the vehicle purchase to be recognized for fixed asset tracking purposes. C5. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 3011 PHASE 1, 301 PRADO (FORMERLY 400 PRADO, TR 112 -07) - RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to adopt Resolution No. 10605 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the public improvements and certifying completion of the private improvements for Tract 3011 Phase 1 (301 Prado Road, TR 112 -07)." San Luis Obispo City Council Minutes of March 17, 2015 Page 9 C6. SINSHEIMER STADIUM STAIRS REPLACEMENT, SPECIFICATION NO. 91255 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Award a contract to Newton Construction & Management Inc. in the amount of $127,800 for the "Sinsheimer Stadium Stairs Replacement, Specification No. 91255." 2. Approve a transfer of $21,000 from the Santa Rosa Skate Park construction management account to the project construction account. C7. AUTHORIZE A REQUEST FOR PROPOSALS (RFP) FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PROPOSED AVILA RANCH SPECIFIC PLAN AND RELATED ENTITLEMENTS MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Authorize the issuance of a Request for Proposals (RFP) for the preparation of an Environmental Impact Report (EIR) for the proposed Avila Ranch Specific Plan and related project entitlements. 2. Authorize the City Manager to award a consultant services agreement with the consultant that best responds to the RFP in terms of qualifications, cost, and approach to the project analysis. C8. ALLOCATION OF $45,000 IN UNSPENT TRANSIT FUNDS FOR THE DESIGN WORK OF THE REMODEL OF THE TRANSIT OPERATIONS AND MAINTENANCE FACILITY (29 PRADO ROAD) MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to authorize a budget amendment to appropriate $45,000 in unspent transit funds for the design work of the remodel of the Transit Operations and Maintenance Facility on 29 Prado Road. C9. ORDINANCE NO. 1613 (SECOND READING) — CODE AMENDMENT TO REGULATE RETAIL SALES AND PROHIBITING THE USE OF ELECTRONIC CIGARETTES IN ALL PLACES WHERE SMOKING IS CURRENTLY PROHIBITED MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to adopt Ordinance No. 1613 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 8.14, 8.16 and 8.17 of the San Luis Obispo Municipal Code relating to the sale and use of electronic smoking devices." (Intro. on 03/03/2015) San Luis Obispo City Council Minutes of March 17, 2015 Page ) 0 PUBLIC HEARINGS PHI. CONSIDERATION OF ADDING AN ODOR NUISANCE PROVISION TO THE MUNICIPAL CODE — ORDINANCE INTRODUCTION Community Development Director Johnson and Special Projects Manager Hermann narrated a presentation entitled "Odor Nuisance Ordinance" and responded to Council inquiries. Mayor Marx opened the public hearing. Paul Ogren, San Luis Obispo, commented that the proposed ordinance is vague; opined that many necessary odors may be deemed offensive by some people and cited examples of how the ordinance could be overextended; noted that the legality of medical marijuana is decided by the State. Donald Hedrick, San Luis Obispo, opined that the proposed ordinance constitutes a solution seeking a problem; stated that the inability to scientifically measure the offensiveness of an odor will render the ordinance unenforceable. Steve Dclmartini, San Luis Obispo, voiced objection to the ordinance; suggested that occasional odor complaints received by the City should be tackled with existing administrative tools rather than a new ordinance; cited examples of residential cooking and Farmers' Market barbecuing as odors that some could be deemed offensive. Graham Lovejoy, Arroyo Grande, expressed opposition to the ordinance, opined that "banning smells" will create encroachment upon private rights, such as cooking and smoking in private residences. There being no others desiring to speak on this item, the public hearing was closed. Council Member Rivoire noted reservations relating to the broadness of the proposed ordinance's definitions of what constitutes a nuisance and an average person's sensitivity. Council Member Carpenter concurred, opining that the broadness and subjectivity of the ordinance language would render it too difficult for staff to enforce. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND RIVOIRE VOTING NO), to introduce Ordinance No. 1614 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 8.22 to the San Luis Obispo Municipal Code regarding offensive odors," with the following amendments: (Council action continued on next page) San Luis Obispo City Council Minutes of March 17, 2015 Page 11 a. Section 8.22.010, Purpose, to read as "The purpose of this chapter is to define and establish standards for the regulation of persistent odors within the city. The intent of these standards is to ensure that odors emanating from sources or locations within the city do not adversely impact or unreasonably interfere with the use and enjoyment of property." b. Section 8.22.020, Prohibited activities declared a public nuisance, Sections A, to read as "It is hereby declared to be unlawful and a public nuisance to cause or permit any persistent odors, which are offensive to individuals of normal sensitivity, and which adversely pact or unreasonably interfere with the use and enjoyment of property,, to emanate across any parcel or property line." C. Section 8.22.020, Prohibited activities declared a public nuisance, Section B., to read as "An odor shall be presumed offensive to individuals of normal sensitivity if the city receives three or more verified complaints of aft persistent odor emanating across a property line from individuals representing separate residences or places of business within the city within a one month time span, concerning an odor emanating from a single source. Nothing in this section shall be deemed to require three complaints before the city may initiate enforcement action." PH2. CONSIDERATION OF 2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS - RESOLUTION Community Development Director Johnson and Housing Programs Manager Corey narrated a presentation entitled "2015 CDBG Funding Recommendations" and responded to Council inquiries. Mayor Marx opened the public hearing. Donald Hedrick, San Luis Obispo, commented that 20% is a large administrative cost; suggested the City investigate how to get more actual product out of the funding. Robert Ellis, representing Community Action Partnership, San Luis Obispo, thanked Council for their support of the Maxine Lewis shelter; noted that homelessness is a complex situation and the shelter desires to help stabilize the availability of transitional housing opportunities. There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to adopt Resolution No. 10606 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2015 Community Development Block Grant Program." San Luis Obispo City Council Minutes of March 17, 2015 Page 12 COUNCIL LI'IISON REPORTS Council Liaison Reports were received from Council Members Christianson and Rivoire and Mayor Marx. COUNCIL COMMUNICATIONS None. ADJOURNMENT The City Council adjoti ied at 9:21 p.m., to Special and Regular City Council Meetings to be held on Tuesday, March 31, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 03/31/2015