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HomeMy WebLinkAbout10/01/2013' MINUTES CITY OF SAN LUIS OBISPO JOINT CITY COUNCIL AND CAPITAL IMPROVEMENT BOARD MEETING OF THE CITY COUNCIL Tuesday, October 1, 2013 - 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Council Members /Board Members Present: Council Members /Board Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice MayorNice President Kathy Smith, and Mayor/ President Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City ;Manager,.and Interim City Clerk Sheryll Schroeder were present at Roll ;Call. Other staff members presented reports or tresponded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Christianson led the Pledge of Allegiance. INTRODUCTIONS AND PRESENTATIONS NEW HIRE — LEE JOHNSON, ECONOMIC DEVELOPMENT MANAGER. Assistant City Manager Michael Codron introduced Economic Development Manager Lee Johnson as a New Hire. PROCLAMATION — FIRE PREVENTION WEEK. Fire Chief Garret Olson and Fire Marshal Rodger Maggio accepted the proclamation. PROCLAMATION — COMMUNITY PLANNING MONTH. 1 Community Development Manager Derek Johnson accepted the proclamation. City Council Meeting Minutes Page 2 Tuesday, October 1, 2013 --------------- --------- ---- ---- – ----------- ----------- __--- __— ____------- ___– ___ - - - -- 1 APPOINTMENT Al. RECOMMENDATION FOR APPOINTMENT TO THE HUMAN RELATIONS COMMISSION. RECOMMENDATION: Confirm the appointment of Michelle Tasseff to the Human Relations Commission to complete an unexpired term to March 31, 2014. ACTION: Motion by Council Member Carpenter / Council Member Ashbaugh to: Confirm the appointment of Michelle Tasseff to the Human Relations Commission, term to expire March 31, 2014. Roll Call Vote: 5 - 0 Motion Carried. PUBLIC COMMENT Bonnie Zebe, San Luis Obispo, voiced concerns regarding cat nuisances. Barbara Radovich, San Luis Obispo, expressed support of short term rentals by owners. Rick Storni, San Luis Obispo, addressed his concerns about fireworks on Hathaway Avenue. 1 Jim Culver, San Luis Obispo, spoke in support of the SLO Host initiative, presenting information and a petition. Doug Rion, San Luis Obispo, expressed his concerns of health and safety issues due to marijuana cultivation in residential areas and displayed a photo of the neighbor's backyard. Denise Shandroff, San Luis Obispo, advised that the photo taken was a view from her backyard of the marijuana cultivation; pointed out there was a very strong marijuana odor in the area. Mike Shandroff, San Luis Obispo, reiterated concerns with the growing of marijuana by his neighbor and the research he did regarding local medical marijuana dispensaries. Council Member Ashbaugh asked if there were current regulations regarding the outdoor growth of medical marijuana. City Attorney Dietrick responded there were not strict rules, but guidelines promulgated by the Attorney General and case law drew into question the validity of those guidelines. The City had no express regulations on medical marijuana, however the City's zoning code provides that uses that are not expressly permitted are prohibited and on that basis; the City had routinely denied permit applications for medical marijuana City Council Meeting Minutes Tuesday, October 1, 2013 Page 3 dispensary operations, the City's position was that they are not allowed in the City, which was supported by recently decided case law. She explained that the nuisance provisions could be explored. She said the Air Pollution Control District was pursuing a number of avenues to explore another means by which to address the issue. It was the consensus of Council to agendize a study session to discuss the options available relative to marijuana cultivation. Don Hedrick, San Luis Obispo, spoke of his concerns about the recent election process. Deborah Rosh Wright, San Luis Obispo, urged the Council to change the existing ordinance concerning short term rentals. Robert Shandbrom, San Luis Obispo, spoke about negative issues regarding vacation rental issues. Council Member Carpenter asked about animal control as it pertained to cats. After discussion, the City Manager will provide a white paper explaining what is currently on the books and other options relative to cats. She noted that the Police Department would be the enforcement agency regarding animal issues —end of public comments-- - CONSENT CALENDAR Public Comments On Items On The Consent Calendar Don Hedrick, San Luis Obispo, spoke on Items C3 (Adoption of an Ordinance Amending Title 17 [Zoning Regulations] of the Municipal Code for Safe Parking) and C4 (Affordable Care Act Employer Shared Responsibility Provision Compliance). Ken Tassolf, San Luis Obispo, spoke on Item C4 (Affordable Care Act Employer Shared Responsibility Provision Compliance). He urged caution with moving forward with giving a temporary employee full status, mentioning a number of risks. - -end of public comments— Council Member Carpenter requested Items C2, C3 and C34 be pulled for separation action. Mayor Marx mentioned a spelling correction to the September 17, 2013 meeting minutes which the City Clerk has corrected. City Council Meeting Minutes Tuesday, October 1, 2013 Page 4 C1. MINUTES OF TUESDAY, SEPTEMBER 17, 2013. 1 RECOMMENDATION: Waive oral reading and approve as amended. ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to waive oral reading and approve as amended Roll Call Vote: 5 -.0 Motion Carried. C2. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM STATUS REPORT. RECOMMENDATION: Receive and file report regarding status of Unreinforced Masonry Hazard Mitigation (URM) Program. Council Member Carpenter recused himself as he was listed as owning one of the buildings. ACTION: Motion by Council Member Ashbauqh / Vice Mayor Smith to receive and file report regarding status of Unreinforced Masonry Hazard Mitigation (URM) Program. Roll Call Vote: 4 — 0 Motion Carried. Council Member Carpenter Recused. C3. ADOPTION OF AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE FOR SAFE PARKING. RECOMMENDATION: Adopt Ordinance No. 1592 (2013 Series) amending Title 17 (Zoning Regulations) of the City of San Luis Obispo Municipal Code to permit and provide standards for the operation of safe parking facilities on private properties within the City. Council Member Carpenter registered his no vote for the same reasons he voted no the first time the item came to Council. ACTION: Motion by Council Member Christianson/ Council Member Ashbaugh to adopt Ordinance No. 1592 (2013 Series) amending Title 17 (Zoning Regulations) of the City of San Luis Obispo Municipal Code to permit and provide standards for the operation of safe parking facilities on private properties within the City. Roll Call Vote: 4 -- 1 Motion Carried. Council Member Carpenter opposed. I City Council Meeting Minutes Page 5 Tuesday, October 1, 2013 C4. AFFORDABLE CARE ACT EMPLOYER SHARED RESPONSIBILITY PROVISION COMPLIANCE. RECOMMENDATION: Adopt Resolution No. 10461 (2013 Series) establishing that the City of San Luis Obispo will comply with the Affordable Care Act, Employer Shared Responsibility Provision and establishing policy guidelines to provide consistent application of that provision. Council Member Carpenter asked staff to clarify what action would be approved by an affirmative vote this date. Human Resources Director Monica Irons explained there were three components staff was asking Council to consider. The first was a measurement period; second was a safe harbor provision; third was authorization for staff to offer all full -time temporary employees affordable employee -only coverage beginning January of 2015. She mentioned the alternatives, not offer coverage at all to the temporary employees or to not make it affordable. She added that both alternatives came with a penalty. Council Member Carpenter said he preferred the City hire temporary employees less than 30 hours per week. He felt this was an opportunity for the City to push back to the federal government on a mandate that the local taxpayers will be ' burdened with. He said he would vote no, if employees were kept under 30 hours per week, they would still have affordable healthcare available through Cover California which spreads that burden to the taxpayers around the country instead of the burden on the local taxpayer. Vice Mayor Smith said everyone wanted cost containment and at the same time, service was the City's first concern and health care was a good investment. Council Members Ashbauqh and Christianson agreed with Vice Mayor Smith's comments. ACTION: Motion by Vice Mayor Smith I Council Member Christianson to adopt Resolution No. 10461 (2013 Series) establishing that the City of San Luis Obispo will comply with the Affordable Care Act, Employer Shared Responsibility Provision and establishing policy guidelines to provide consistent application of that provision. Roll Call Vote: 4 — 7 Motion Carried. Council Member Carpenter opposed. City Council Meeting Minutes Page 6 Tuesday, October 1, 2013 PUBLIC HEARINGS AND BUSINESS ITEMS PHI. VESTING TENTATIVE MAP (TRACT 30" TO CREATE 80 LOTS, A MINOR INITIAL STUDY OF ENVIRONMENTAL IMPACT AT 3725 ORCUTT ROAD (CITY FILE NOS. MS/TR/ER 137 -11). Community Development Director Derek Johnson and Senior Planner Pam Ricci presented the report and responded to Council questions. At 8:10 p.m., Council took a break and all Council Members in attendance returned at 8:22 p.m. Council Member Ashbaugh asked if the afforadable housing agreement would return to Council for approval. Senior Planner Ricci responded that it would not. Council Member Ashbaugh, speaking about the waiver of parkland fees, asked if there was a condition where the Parks and Recreation Commission would actually approve it. Senior Planner Ricci responded that the Parks and Recretaion Commission would be advisory to the Architectural Review Commission (ARC) for final design of the park. Council Member Ashbaugh noted the pronunciation of French street names may be difficult. Vice Mayor Smith asked if the Planning Commmission looked at the parking issue, considering that some of the housing may end up student housing. Senior Planner Ricci said it was not specifically raised as a concern. She added that their main concern was having more onstreet parking for residents and guests. Community Development Director Johnson added that because this was an affordable housing project, there were state law restrictions regarding the number of spaces that would be required and he said the developer was exceeding the number required. Mayor Marx, referring to Condition No. 53, posed a question regarding the phasing of the project, with the single family homes being built first, how did the City know they would receive the benefit of the affordable housing which would be built after. Housing Program Manager Tyler Corey responded that with the wording of Condition No. 53, the details go through the ARC for final design of the project. He noted the agreement would come after the approval of the land use entitlements and prior to final 1 map recordation. If there was failure to complete the affordable units, the City would be reimbursed for uncompleted units. City Council Meeting Minutes Page 7 Tuesday, October 1, 2013 IAt this time, Mayor Marx opened the public hearing. Public Comments Terry Orton, Project Engineer, spoke on the years he spent on the project; noted that the grading was being kept as close to the land form as possible, citing that they had to have certain areas for access to adjacent properties, utilities, and drainage. Council Member Ashbaugh noted that currently written conditions require that after the thirty units were built, they develop an access road. Mr. Orton answered that yes, they had to maintain access for the City and by going to Bullock and coming out through Capitolio it was the best way for the sewer to go. Erik Grunigen, applicant, Wingate Holdings, explained the plan terraced from single family housing to the row house concept, to the high density building. He spoke about the pocket park and the density of the project, which created a buffer between the single family housing to the row houses and the building. Mayor Mark indicated that the park is a detention basin which would fill with water and asked how it would work as a park. Mr. Orton said that area would be more of a wetland area with infiltrator type basins. Rick Taylor, applicant, spoke about the significant contribution to affordable housing, which exceeded what was required. He explained that the project would provide market rate, affordable and senior housing. He spoke about proposed legislation for a transfer tax stamp and said his project included a transfer tax on all resale units that went for affordable housing. He said the park, although small, provides nature, congregating space, art work, play space and a dog park. He explained how the wetland /detention basin would be designed and that would be the first part of the project started. He mentioned the day care component was part of the affordability. Regarding the amount of parking, Mr. Taylor said they had added more than was required. Vice Mayor Smith, noting that the senior housing portion would be rentals, asked how it would be managed. Mr. Tavlor answered that it would be operated as a facility for active seniors and will provide concierge services and that he would maintain ownership of all the rental units and there would be a building manager. Mayor Marx questioned the affordability of the units. 1 Mr. Taylor answered that the lots will be deed restricted as affordable units. City Council Meeting Minutes Page 8 Tuesday, October 1, 2013 Community Development Director Johnson explained that the bill Mr. Taylor spoke of was 1 not current law. Gail Hill, San Luis Obisop, spoke in support of the project, mentioning that seniors wanted to live in single level homes. Don Hedrick, San Luis Obispo, compared the Orcutt project and the Broad Street area plan. Dia Hurd, San Luis Obispo, asked Council to vote no, referring to her correspondence sent earlier. She referenced her concerns with increased traffic and water shortages. She felt more notice and public input was necessary. Lori Farrior, San Luis Obispo, mentioned that the property went to an election and only the people registered to vote living in the area could vote, that just because they owned the property but did not live in the City, did not mean they could vote in the election. She said the low income housing was only five percent and she did not think that would help. She felt the recent EIR was not sufficient and she requested a new EIR be required. Lea Brooks, San Luis Obispo, spoke of her concerns that the project would affect bicyclists with increased vehicle traffic and the Climate Action Plan. --end of public comments— 1 Mayor Marx closed the public hearing. Mayor Marx asked the Clerk if she had received any written statements that were not posted on the website. The Clerk indicated none and City Manager Lichtig indicated the one correspondence received late that day to Senior Planner Ricci would be posted. Council Member Ashbauqh asked if the homes in the project would fund approximately half the estimated cost for bicycle bridge over the Marigold Center. Deputy Director of Public Works Tim Bochum said that all projects in that area will be substantually contributing bicyclist networking including cost to the bicycle overpass across the railroad tracks, in addition to the the bicycle staging area. Marketing material suggested by Lea Brooks could also be included. Council Member Ashbaugh asked what the distribution was for the affordable housing units and Senior Planner Ricci responded thirty units in the project that are affordable were to be deed restricted. ACTION: Motion by Council Member Carpenter / Vice Mayor Smith to 1) adopt Resolution No. 10462 (2013 Series), which approves the Vesting Tentative 1 map, based on findings, and subject to conditions; and 2) consistent with Public Resources Code §21080.7, determine that no additional environmental review is City Council Meeting Minutes Tuesday, October 1, 2013 Page 9 t required as the tentative map is in a urbanized area, and the project involves the construction of housing or neighborhood commercial facilities that is consistent with a specific plan that has a certified EIR and that has been adopted not more than five years prior and the initial study prepared for the project identified no new impacts. Council Member Ashbaugh commented his concerned regarding the phasing of the project and that he wished to see flexibility of the phasing. He explained the Park and Recreation Commission also expressed reservations about the pocket park but he felt they would have final review. Council Member Christianson voiced concern regarding the affordable housing component and with the request for park waiver fees. Vice Mayor Smith expressed support of the diversity of housing, but concerned with the lack of green space. Mayor Marx encouraged the applicants to work with the Housing Authority regarding the affordable housing. She noted the traffic concerns but felt the increased traffic would be accommodated. She finalized that an additional EIR was not needed. Roll Call Vote: 5 — 0 Motion Carried. 1 B2. ANNUAL REPORT FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID). Tourism Manager Molly Cano, TBID Member Nipool Patel, presented the report and responded to Council questions. Public Comments - --end of public comments - -- Council Member Ashbaugh encouraged the TBID to work with CalPoly on a proposed conference center in the City. ACTION: Motion by Vice Mayor Smith / Council Member Christianson to 1) receive and approve the Tourism Business Improvement District JBID) Board's annual report; and 2) adopt Resolution No. 10463 (2013 Series) of intention to levy and collect assessments within the TBID area in fiscal year 2013 -14 at the same rate as in fiscal year 2012 -13. 1 Roll Call Vote: 5 -0 Motion Carried. City Council Meeting Minutes Page 10 Tuesday, October 1, 2013 PH3. CONSIDERATION OF THE HUMAN RELATION COMMISSIONS RECOMMENDED PRIORITIES FOR THE 2014 COMMUNITY DEVELOPMENT Community Development Director Derek Johnson and Housing Programs Manager Tyler Corey presented the report and responded to Council questions. Mayor Marx opened the public hearing. Public Comments Pearl Munak, San Luis Obispo, President of Transitional Food and Shelter, explained that in the first quarter of the fiscal year, they served thirteen unduplicated individuals from the City and denied four clients due to lack of funds. Gail Stoneburg, President of Assistant League of San Luis Obispo County, thanked the Council for their support. She explained Operation School Bell provided complete wardrobes for school children. --end of public comments— Mayor Marx closed the public hearing. 1 Vice Mayor Smith, regarding the listed priorities, requested the fourth priority, "promote accessibility and /or removal of architectural barriers for the disabled and elderly" be moved to the third priority in the list. Council Member Ashbaugh and Mayor Marx agreeed . ACTION: Motion by Vice Mayor Smith / Council Member Ashbaugh to 1) approve Community Development Block Grant and Grants -In -Aid funding priorities for 2014 with the change moving priority four to three; and 2) make a determination pursuant to Section 15061 (b) (3) that the project is exempt by the general rule that developing priorities for funding will not possibly have a significant effect on the environment. Roll Call Vote: 5 – 0 Motion Carried as amended. Council Member Ashbaugh said for the record, he thought the HRC's first focus was pertaining to an emergency shelter and that he would attend their meeting the following day to provide input on that topic. L� City Council Meeting Minutes Page 11 Tuesday, October 1, 2013 1 B4. APPOINTMENTS TO THE CITY INVESTMENT OVERSIGHT COMMITTEE, INCLUDING ONE COUNCIL MEMBER AND ONE MEMBER OF THE PUBLIC. Assistant City Manager Codron presented the report and responded to Council questions. Mayor Marx volunteered to serve on the committee. Public Comments Stephen Barrash, San Luis Obispo, spoke about the number of applications he had submitted over the years for advisory body appointment with no appointment. He explained his expertise in the financial and investment area. - --end of public comments— Council Member - Ashbaugh thanked Mr. Barashch for his application and that he would support his appointment. Mayor Marx expressed her desire to readvertise the appointment. She said in the past there have been choices for appointment, never just one applicant. Council Member Carpenter respond that the applicant applied in good faith and should be appointed. Mayor Marx asked the City Attorney if applicants to this committee would need to complete a Conflict of Interest Form 700 and City Attorney Dietrick responded in the affirmative. ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to appoint Stephen Barasch to serve on the City's Investment Oversight Committee. Roll Call Vote: 3 - 2 Motion Carried. Council Member Christianson and Mayor Marx opposed. Mayor Marx noted, for the record, that she felt they should have reopened the pool so that they were actually making a decision and not making an appointment by default. ACTION: Motion by Council Member Christianson / Vice Mayor Smith to appoint Mayor Marx to serve on the City's Investment Oversight Committee. Roll Call Vote: 5 - 0 Motion Carried. City Council Meeting Minutes Page 12 Tuesday, October 1, 2013 B5. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT – FINANCING Finance and IT Director Wayne Padilla, presented the report and responded to Council questions. Mayor Marx explained for the record that no additional compensation was received for serving on the Capital Improvement Board. B6. Public Comments —end of public comments— ACTION: Motion by Council Member Ashbaugh / Council Member Carpenter to adopt Resolution No. 10464 (2013 Series) approving the placement agent agreement and financing proposal for financing of improvements to the Water Reclamation Facility, and approving final form of financing documents and official actions. Roll Call Vote: 5 - 0 Motion Carried. MEETING OF THE CAPITAL IMPROVEMENT BOARD TO ADOPT A RESOLUTION APPROVING DOCUMENTS AND ACTIONS RELATING TO THE FINANCING OF THE WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT. – (PADILLA/MATTINGLY – 20 MINUTES) Finance and IT Director Wayne Padilla, presented the report and responded to Board Member questions. Public Comments —end of public comments— ACTION: Motion by Vice President Smith I Board Member Christianson to 1) adopt Resolution No. 10465 (2013 Series) approving documents and actions related to the private placement financing of the construction costs related to the energy efficiency improvements project at the Water Reclamation Facility; and 2) Adjourn to the next regular meeting. Roll Call Vote: 5 – 0 Motion Carried. 1 1 L City Council Meeting Minutes Page 13 Tuesday, October 1, 2013 COUNCIL LIAISON REPORTS AND COMMUNICATIONS Mayor Marx disclosed that she, Council Members Ashbaugh, Christianson, Vice Mayor Smith, City Attorney Dietrick and City Manager Lichtiq attended the annual League of California Cities Conference in Sacramento. Liaison Reports: The following reports were received: Mayor Marx Vice Mayor Smith Council Member Ashbaugh with a correction VanderKelen was actually a farewell. Council Member Christianson to the report that the reception for Barry Communications: Vice. Mayor Smith referenced a memo from Cal Poly President Armstrong and asked if Council would be learning more about their Master Plan and be included in their process. City Manager Lichtiq responded that the comments and memo were excellent and that staff was meeting with CalPoly the next day. Mayor Marx added that the memo would be placed on website. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:36 p.m. L4'� �, i'll - eryll SchKol der, M C Interim Ci I APPROVED BY COUNCIL: Regular Meeting of October 15, 2013