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HomeMy WebLinkAbout07/02/2013minutes ' city of san tuis osispo SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, July 2, 2013 Special Meeting — 4:30 P.M. Regular Meeting — 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California SPECIAL MEETING — 4:30 P.M. ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or ' responded to questions as indicated in the minutes. CONSENT CALENDAR Cl. RESULTS OF THE JUNE 18, 2013, ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION. (KENNEDY GRIMES) ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to Adopt Resolution No. 10447 (2013 Series) declaring the results of the June 18, 2013, All Mail Ballot Special Municipal Election. Roll Call Vote: 4 — 0 Motion Carried. APPOINTMENT Al. OATH OF OFFICE FOR COUNCIL MEMBER ELECT. (CODRON /KENNEDY GRIMES) City Clerk Kennedy Grimes administered the Oath of Office for Council Member Elect Christianson. 1 Adjourn to Regular Meeting of Jul 2, 2013 J 9 9 Y city council. meetmG minutes Tuesday, July 2, 2013 REGULAR MEETING — 6:00 P.M. ROLL CALL: Page 2 Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes, 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 Carpenter led the Pledge of Allegiance. APPOINTMENT A2. RE- ASSIGNMENT OF TEMPORARY COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2013. (CODRON /KENNEDY GRIMES) ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to Re- assign the temporary Council Liaison Subcommittee Assignments filled after the resignation of Council Member Carter. Roll Call Vote: 5— 0 Motion Carried. PUBLIC COMMENT Jody Frey, San Luis Obispo, spoke with regard to ADA accessibility to City buildings. Donald Hedrick, San Luis Obispo, spoke in regard to possible corruption during the election. 1 1 1 city council meetmG minutes Page 3 Tuesday, July 2, 2013 Eric Meyer, announced his resignation from the Planning Commission which will include ' his position on the LUCE Task Force. He stated his interest in remaining on the Task Force as a general member. Community Development Director Johnson addressed the matter with Council. There was consensus to re- agendize this matter on the next Council Agenda. Andrew Carter, San Luis Obispo, expressed his congratulations to newly elected Council Member Christianson. Dr. Will Powers, San Luis Obispo, spoke in regard to the selection process of the Police Chiefs Round Table. Scott Mann, San Luis Obispo, thanked the Mayor for signing of the resilient communities agreement. SLO Clean Energy is a local voluntary group focusing on this matter. - -end of public comments -- CONSENT CALENDAR 1 Public Comments On Items On The Consent Calendar Monica Grant, CEO of YMCA, expressed appreciation for grant- in -aid to the YMCA. Ermina Karim, SLO Chamber, expressed appreciation of PCC, TBID and City Staff with regard to partnerships which are furthering the economic development of San Luis Obispo. Stacey Hunt / Michael Jencks, Los Osos, representing Ecologistics, spoke in support of PCC support of Bioneers Conference in October 2013. Denise Leader Stoeber, spoke on behalf of Cal Poly Arts and in appreciation of PCC support of the marketing of their guitar conference. Brad Larose, San Luis Obispo, spoke in support of the San Luis Obispo Railroad Museum. A copy of the most recent newsletter was distributed to the Council. October 12, 2013. Jim Black, SLO Symphony, spoke in support of the support of PCC Grant to SLO Symphony. In this year the support will be used for their New Year's Eve concert. Marilyn Fidler, San Luis Obispo, representing the PCC expressed the Committee's appreciation of the Council support. These grants generate increases in tourism as well as enrich the lives of residents. city council meetinq, minutes Page 4 Tuesday, July 2, 2013 Melody Klemin, representing the Performing Arts Center, expressed appreciation for support of funds towards. Bravo SLO. Alyce Crawford, Los Osos, spoke representing family care givers providing matching funds for family care givers. Michael Simkins, Los Osos, spoke as the President of the Board of The Little Theatre. Matthew Wilkins, Sands Inn and Suites, representing TBID, expressed appreciation of the support provided by the Council. Brian Alhadeff, San Luis Obispo, spoke on behalf of Opera San Luis Obispo and in appreciation of the support of the PCC Grant. The funds will assist them with the production of Carmen. Rupert Chowins, Los Osos, spoke on behalf of the Knorr Foundation, and hope to expand their services from two days per week to five days per week. Carol Florence, San Luis Obispo, and Anna Boyd Buse v, spoke in support of GIA for Big Brothers and Big Sisters. Donald Hedrick, asked for item C7 to be pulled from the consent calendar for further 1 discussion. Charlene Abels, Atascadero, representing Assistance League, spoke in support of the grants -in -aid that provides financial aid for their program School Bell. C2. —end of public comments— ACTION: Motion by Council Member Carpenter / Council Member Christianson to approve recommendations for Consent Calendar items C1, C3, C4, C5, C6, C8 and C9. Roll Call Vote: 5 – 0 Motion Carried. KENNEDY GRIMES) Vice Mayor Smith asked to discuss the minutes and pull this item for a separate vote. She requested that two items be noted with the preface, "for the record ": • C2 -5 Parking Lot issue #6: o c. Staff agreed with Vice Mayor Smith's request that a report will be 1 prepared for presentation in April, 2014 that considers options that include buying down the Safety Side Fund. city council meetmc, minutes Tuesday, July 2, 2013 Page 5 • C2 -19 o Vice Mayor Smith pointed to negative impacts with the scheduling of Budget Meetings three nights in a row in that Council Members do not have an opportunity to process the actions and content with Constituents for their input. She suggested reviewing past scheduling and considering a more effective spacing pattern. • City Clerk Kennedy Grimes illuminated two typographical errors she would like considered for correction: • Page C2 -6 ACTION should read Continue this item until 06/12/13 at 5:00pm for further discussion. • Page C2 -11 heading near the bottom of the pages should read: Adjourned Item from June 11, 2013. ACTION: Motion by Council Member Ashbaugh / Council Member Carpenter to waive oral reading and approve the minutes with the referenced amendments. Roll Call Vote: 5 — 0 Motion Carried. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. (MATTINGLY /MUNDS) RECOMMENDATION: Adopt Resolution No. 10448 (2013 Series) authorizing the San Luis Obispo County Assessor to assess amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described in City Municipal Code Section 8.04.070 as liens against properties involved. ACTION: Approved by Consent Calendar Vote. C4. 2013 -14 COMMUNITY PROMOTIONS PROGRAM - COMMUNITY PROMOTIONS GRANTS IN AID FUNDING. (CODRON /CANO) RECOMMENDATION: 1) As recommended by the Tourism Business Improvement District (TBID) Board, approve the second year of the final two -year contract with Rosetta Marketing Group, LLC and authorize the City Manager to execute the 2013 -14 agreement in the amount of $600,000. 2) Based on the recommendations by the TBID Board, authorize the City Manager to enter into various contracts for the TBID not to exceed the 2013 -14 program budget of t $454,100. 3) Based on the recommendations by the Promotional Coordinating Committee (PCC), authorize the City Manager to enter into various contracts for Community Promotions not to exceed the 2013 -14 program budget of $367,800. 4) city council meeting minutes Tuesday, July 2, 2013 Page 6 Based on the recommendations by the TBID Board, authorize the City Manager to enter into contracts utilizing the TBID Fund un- appropriated fund balance from the 2012 -13 fiscal year for tourism marketing expenditures in 2013 -14. 5) As recommended by the PCC, approve the 2013 -14 Grants -in -Aid (GIA) allocations in the amount of $90,004 and authorize the City Manager to execute the individual agreements with each grant recipient. ACTION: Approved by Consent Calendar Vote. C5. 2013 -14 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID (GIA) FUNDING RECOMMENDATIONS. (IRONS /ZOCHER/AUSLEN) RECOMMENDATION: As recommended by the HRC, approve the 2013 -14 GIA allocations in the amount of $131,600 (Attachment 1) and authorize the City Manager to execute agreements with each grant recipient. ACTION: Approved by Consent Calendar Vote. C6. SAFETY ENHANCEMENT ZONE AMENDMENTS. (GESELUWALLACE) RECOMMENDATION: Introduce an Ordinance No. 1590 (2013 Series) to specify the safety enhancement zones in the City and designate an additional city -wide 1 safety enhancement zone for the time period encompassing the start of school for California Polytechnic University (Cal Poly) beginning on move -in day for Cal Poly housing and ending the second Monday morning following the beginning of the fall academic year. ACTION: Approved by Consent Calendar Vote. C7. REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES. (DIETRICK /VISVESHWARA) Vice Mayor Smith asked to discuss this item and addressed questions to City Attorney Dietrick. ACTION: Motion by Vice Mayor Smith / Council Member Ashbaugh to: 1) Approve the Request for Qualifications for Legal'Services. 2) Authorize the City Manager to execute agreements with the selected law firms and /or attorneys. Roll Call Vote: 5 — 0 Motion Carried. i 1 city council meetlnc minutes Page 7 Tuesday, July 2, 2013 C8, SEWERLINE REPLACEMENT, SPECIFICATION NO. 909168. (GRIGSBY/ HORN) RECOMMENDATION: 1) Approve the plans and specifications for the Sewerline Replacement, Specification No. 90916B. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $785,000. 3) Approve the transfer of up to $192,900 into the construction phase of the project account at the time of project award from the Wastewater Collections Master Account. ACTION: Approved by Consent Calendar Vote. C9. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND VOTING DELEGATE ALTERNATE FOR ANNUAL CONFERENCE 2013. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Designate Mayor Jan Marx as the voting delegate and Council Member John Ashbaugh as the voting delegate alternate to the League of California Cities Annual Conference — September 18 — 20, 2013. ACTION: Approved by Consent Calendar Vote. PUBLIC HEARINGS PHI. REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS. (JOHNSON /LEVEILLE — 60 MINUTES) Community Development Director Derek Johnson, Deputy Director Doug Davidson, Associate Planner Brian Leveille and Housing Program Manager Tyler Corey, presented the report and responded to Council questions. Mayor Marx opened the public hearing. Public Comments Donald Hedrick, San Luis Obispo, asked questions regarding the homeless use of lockers and showers by the bicycle. In addition, he had comments in regard to garage sale zoning. Michelle Tasseff, San Luis Obispo, spoke with regard to signs for garage sales being nailed into City trees on South Higuera. city council meetmc minutes Page 8 Tuesday, July 2, 2013 Steve Delmartini, San Luis Obispo, spoke with regard to garage sales and asked what the penalties would be. On behalf of the Board of Realtors, the definition of bedroom is appreciated. He does not feel the reference to showers should be included. Sandra Rowley, San Luis Obispo, representing Residents for Quality Neighborhoods, spoke in support of the recommendations. Would like to see a definition of dens and lofts in the code as well as other accessory rooms. With regard to guest houses, the RQN feels this should not have been removed. Design Units 17.21.40 should have the same review. Carolyn Smith, San Luis Obispo, thanked Brian Leveille for his appearance at the RQN meeting. Thanked staff for the clarification regarding bedrooms. Eric Mever, San Luis Obispo, spoke in regard to conversions into bedrooms. —end of public comments - -- Mayor Marx closed the public hearing and suggested discussing each element of the proposal. Concensus was reached on each of the discussion points in the Council Agenda Report. Staff will review the issue surrounding Bicycle Parking Space Requirements and bring it back to Council with clarification regarding the ratio of showers and lockers. ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to: As 1 recommended by the Planning Commission, introduce by title Ordinance No. 1591 (2013 Series) only an ordinance to adopt the proposed amendments to Title 17 (Zoning Regulations) of the Municipal Code as amended by the Council. Roll Call Vote: 5 – 0 Motion Carried. Council Recessed from 8:43 pm – 9:00 pm STUDY SESSION ITEMS SS1. STUDY SESSION ON FORM -BASED DEVELOPMENT CODES (GPI 91 -13). (JOHNSON /DAVID – 60 MINUTES) Community Development Director Derek Johnson and Associate Planner James David, presented the report and responded to Council questions. Public Comments Don Hedrick, San Luis Obispo, spoke in regard to mixed use planning and the current 1 planning commission methods. city council meetmc, minutes Tuesday, July 2, 2013 Page 9 Chuck Crotser, San Luis Obispo, spoke in favor of exploring this new system in certain parts of this town. —end of public comments— ACTION: Receive a presentation on form -based development codes. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports and Communications: Written reports from Mayor Marx and Vice Mayor Smith were received and distributed prior to the meeting. Council Member Ashbaugh distributed a written report to Council Members at the meeting. Mayor Marx brought up the issue of tie votes, and read out Council Policies & Procedures, §1.3.6.11: Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. ' Mayor Marx asked City Attorney Dietrick if Council had been acting in non - compliance. City Attorney Dietrick concurred. Mayor Marx asked Council members if staff should identify all items that were tie votes that resulted in no action and if the Council should reconsider those issues (including South Broad Street, RFP for Consultants, and any others.) Council Member Ashbaugh concurred. City Attorney Dietrick suggested that staff should bring back any items that were stalled at a tie vote. Community Director Johnson informed Council that the South Broad St would be returning to Council for review in mid - October with preferred alternatives and any policy changes will be coming forward in January. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:10 p.m. Maeve Kennedy Grimes City Clerk 1 APPROVED BY COUNCIL: 08/20/13