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HomeMy WebLinkAbout07/01/2014minutes city of san Luis osispo SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION Tuesday, July 1, 2014 Special Joint Meeting — 5:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Special Joint meeting of the City of the San Luis Obispo City Council and Planning Commission was called to order on Tuesday, July 1, 2014 at 5:00 p.m. in the City Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members 1 Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx Council Members Absent: None Planning Commissioners Present: Planning Commissioners Michael Draze, John Fowler, William Riggs, Vice - Chairperson Michael Multari, and Chairperson John Larson Planning Commissioner Absent: Hemalata Dandekar and Ronald Malak 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. t� City Council /Planning Commission Meeting Minutes — July 1, 2014 Page 2 PUBLIC HEARING PHI. PRESENTATION OF THE PUBLIC HEARING SCHEDULE OF THE LAND USE AND CIRCULATION ELEMENTS OF THE GENERAL PLAN (LUCE) UPDATE AND DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) TO PLANNING COMMISSION AND CITY COUNCIL Council Member Smith announced that she has a conflict of interest because she owns property within the proposed Airport Land Use Overlay Zone. Council Member Ashbaugh announced that he has a conflict of interest because he owns property within 500' of the Bishop Knolls Special Planning Area. Council Member Carpenter announced that he has a conflict of interest because he owns property within 500' of the General Hospital Special Planning Area. Commissioners Draze and Fowler announced that they may have potential conflicts of interest because each individual owns property which may be impacted by the proposed Airport Land Use Overlay Zone City Attorney Dietrick explained that the rule of necessity applies due to a lack of quorum available for City Council and Planning Commission deliberations. Following a random drawing by lot, Council Member Smith and Commissioner Draze returned to the dais and Council Members Ashbaugh and Carpenter and Commissioner Fowler left the Chambers at 5:12 p.m. Community Development Director Johnson, Traffic Manager Hudson, and Jeff Oliveira, Oliveira Environmental Consulting, narrated a PowerPoint presentation entitled "Land Use and Circulation Element" and responded to Council and Planning Commission inquiries. Mayor Marx opened the Public Hearing. Eugene Jud, San Luis Obispo, narrated a PowerPoint presentation entitled "LUCE +" related to traffic circulation and traffic management; requested that Council extend the public comment period for the LUCE Draft Environmental Impact Report (DEIR). Myron Amerine, San Luis Obispo, noted that the LUCE is a progressive document which addresses the importance of bicycle and pedestrian issues; encouraged Council to increase funding for the implementation of bicycle and pedestrian improvements. There being no others desiring to speak on this item, the Public Hearing was closed. 1 City Council /Planning Commission Meeting Minutes — July 1, 2014 Page 3 It was noted that Council desires the inclusion of an index/reference section and ' headers added to Section 4 of the Environmental Impact Report. Following discussion, the City Council and Planning Commission received and filed a presentation on the Land Use and Circulation Element Draft Environmental Impact Report. ADJOURNMENT Council adjourned the Special Joint meeting of City Council and Planning Commission at 6:25 p.m. 0--eony J. Wia City Clerk APPROVED BY COUNCIL: 08/19/14 RECEIVED AND FILED BY PLANNING COMMISSION: XX/XX/14 1 1 minutes city of san Luis omspo REGULAR MEETING OF THE CITY COUNCIL Tuesday, July 1, 2014 Regular Meeting — 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 1, 2014 at 7:01 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 John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, 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 Ashbaugh led the Pledge of Allegiance. PUBLIC COMMENT Stephanie Hicks, representing San Luis Obispo Council of Governments, invited the community to attend a workshop concerning the 101 Mobility Project to be held on July 9, 2014 at 5:00 p.m. at the San Luis Obispo Veterans Hall. John Galbreath, San Luis Obispo, voiced concerns that canvassers are harassing residents in the downtown area and urged Council to work with the Downtown 1 Association to prohibit such activities. City Council Meeting Minutes — July 1, 2014 Page 2 Stephanie Teaford, representing Cal Poly, reported that she is serving as the liaison between the City and Cal Poly relative to the Solutions Through Research in Diet & Exercise (STRIDE) Obesity study. Steve Barasch, San Luis Obispo, voiced concern that City -owned properties are unmaintained and have overgrown vegetation; suggested that the City surplus unnecessary properties for cost - saving and revenue enhancement. CONSENT AGENDA MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C10, with the removal of Item C8 for separate consideration. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETINGS OF JUNE 12, 2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to approve the Minutes of the City Council meeting of June 12, 2014. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS - RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to adopt Resolution No. 10540 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent solid waste collection and disposal accounts as liens against the properties." n i LJI City Council Meeting Minutes — July 1, 2014 Page 3 C4. 2014 -15 COMMUNITY PROMOTIONS PROGRAM — TOURISM BUSINESS 1 IMPROVEMENT DISTRICT AND PROMOTIONAL COORDINATING COMMITTEE MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to: 1. Authorize the City Manager to enter into various contracts for the Tourism Business Improvement District (TBID) not to exceed the 2014 -15 program budget of $1,232,774 and based on the recommendations by the TBID Board. 2. Authorize the City Manager to enter into various contracts for Community Promotions not to exceed the 2014 -15 program budget of $362,000 and based on the recommendations by the Promotional Coordinating Committee. 3. Authorize the City Manager to enter into contracts utilizing the TBID Fund un- appropriated fund balance from the 2013 -14 Fiscal Year for tourism marketing expenditures in 2014 -15 and based on the recommendations by the TBID Board. 4. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2014 -15 and based on the recommendations by the TBID Board. 5. As recommended by the TBID Board, approve the financing of the contract 1 with Zeppelin Technology Inc. for Helium, a new back end hotel booking platform, and authorize the City Manager to execute the agreement in the amount of $135,000, with the carryover of $13,500 from the 2013/14 TBID budget and the remaining $121,500 to be allocated from the 2014/15 TBID budget. C5. APPROVAL OF THE FINAL MAP FOR TRACT 2353 -1 - 408 PRADO ROAD (TR 120 -.13) - RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to adopt Resolution No. 10541 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2353 -1 (408 Prado, TR 120 -13), and authorizing the Mayor to execute the Subdivision Agreement on behalf of the City. 1 City Council Meeting Minutes — July 1, 2014 Page 4 C6. REPLACEMENT OF FOUR POLICE UNMARKED SEDANS, REPLACEMENT OF ONE UNMARKED VEHICLE, REPURPOSE OF ONE SWAT SUV AS AN UNMARKED VEHICLE AND PURCHASE OF ONE SWAT TRUCK, SPECIFICATION NO. 90576, 91230, 91025 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to: 1. Approve the use of Cooperative Purchasing Agreement with State of California Contract No. 1- 14 -23 -20 (A -G), effective through February 2, 2016, for the purchase of one Ford Interceptor Utility, four Ford Interceptor Sedans, and one Ford F350 Crew Cab Pickup. 2. Authorize the Finance Director to execute a purchase order to Folsom Lake Ford in the amount of $153,953.07 for one Ford Interceptor Utility, and four Ford Interceptor Sedans. 3. Authorize the Finance Director to execute a purchase order to Downtown Ford in the amount of $45,876.43 for one Ford F350 Crew Cab pickup. 4. Authorize the surplus designation of four unmarked Police vehicles, and two unmarked SUVs, fleet Asset No's. 0808, 0209, 0330, 0901, 0809, and 0604 by sale, auction, trade -in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Section 405 -L and 480. C7. REQUEST FOR PROPOSALS FOR CITY FIREWALLS, INTRUSION PROTECTION AND VIRTUAL PRIVATE NETWORK SYSTEMS UPGRADE - SPECIFICATION NO. 91241 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to: 1. Authorize the issuance of the request for proposals (RFP) to upgrade the City's Firewalls, Intrusion Protection and Virtual Private Network (VPN) Systems Upgrade. 2. Authorize the City Manager to award a contract for if the selected proposal is within the approved budget of $441,500. C8. ORDINANCE ADOPTION - HIGH DENSITY RESIDENTIAL ZONING CATEGORIES ON THE SITE AT 1321 Please refer to Page 6 for discussion of this item 1 1 1 City Council Meeting Minutes — July 1, 2014 .. , Page 5 C9. PARK MOWER REPLACEMENT - SPECIFICATION NO. 91238 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to: Approve the use of Cooperative Purchasing Agreement with National IPA Contract #120535 with the City of Tucson and Toro Company, effective November 27, 2012, for the purchase of a turf mower replacement, Specification Nos. 91238 2. Authorize the Finance Director to execute a purchase order to Turf Star in the amount of $60,610 for the purchase of one Toro GM4000 -D Tier 4 compliant diesel mower including taxes and delivery. 3. Authorize the Finance Director to transfer funding from two completed Fleet Replacement CIP projects to the Fleet Replacement Completed Projects account. 4. Authorize the Finance Director to use $14,000 in Fleet Replacement Completed Projects funding to cover a shortfall in the project account for the mower replacement C10. AUDITING SERVICES CONTRACT AMENDMENT MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5 -0, to: 1. Accept the fee proposal in the amount of $12,000 from Glenn Burdette Certified Public Accountants to compile the financial statements to be presented within the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2014. Auditors will begin work June 23, 2014. 2. Agree to the extension of the existing agreement between the auditor and the City for an additional two years, as provided for in the current agreement. 3. Approve the First Amendment to the Auditor Agreement. City Council Meeting Minutes — July 1, 2014 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION C8. Page 6 ORDINANCE ADOPTION - AMENDING THE CITY'S ZONING MAP TO Vice Mayor Christianson recused herself from deliberation on the Pacific Courtyards Project, located at 1321 and 1327 Osos Street, because she owns property within 500' of the subject property and left the Chambers at 7:13 p.m. MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4 -0 -1 (VICE MAYOR CHRISTIANSON ABSTAINING), to adopt Ordinance No. 1603 (2014 Series) entitled "An Ordinance of the City of San Luis Obispo, California, amending the zoning map to reconfigure the boundary between the office (0 -H) and medium -high density residential (R -3 -H) with the historical preservation overlay zoning districts on the site for the property at 1321 and 1327 Osos Street; GP /R/ER 96 -13" to match the approved Land Use Element Map designations. (Intro. on 06/10/14) PUBLIC HEARINGS PH2. NOVEMBER 2014 BALLOT MEASURE TO EXTEND THE ESSENTIAL ACCOUNTABILITY — RESOLUTIONS AND ORDINANCE INTRODUCTIONS City Manager Lichtig and Assistant City Manager Codron narrated a presentation entitled "The Essential Services Measure" and responded to Council inquires. Mayor Marx opened the Public Hearing. Gordon Mullin, San Luis Obispo, voiced support for the renewal of the City's half - percent sales tax; opined that it is not possible to segregate general fund dollars from Measure Y funds; expressed opposition to the creation of a new Oversight Commission. Dominic Tartalia, representing the Downtown Association, thanked Council for its consideration of submitting the proposed ballot measure to the voters; expressed support for the use of dashboards and additional accountability measures to track the use of City funds; noted that Measure Y funding was critical in assisting the City to weather the recession. 1 i CJ City Council Meeting Minutes — July 1, 2014. : Page 7 Barry Vanderkelen, Chair of the Chamber of Commerce Measure Y Task Force, conveyed support for the proposed accountability enhancements and fiscal responsibility philosophy, noting that they will assist with ensuring expenditures aligns with community priorities; spoke on the need to establish a timeline to reduce the City's unfunded liabilities. Courtney Kienow, San Luis Obispo, voiced support for the submittal of a local sales tax ballot measure before the voters; pointed out that the funds would improve infrastructure, streets, and playgrounds. Steve Rossi, San Luis Obispo property owner, opined that a sales tax increase is a fair tax which improves the quality of life for residents; stated that Measure Y funds were vital in assisting the City during the recession. Michelle Tasseff, San Luis Obispo, expressed support for the renewal of Measure Y; voiced opposition to providing the proposed Oversight Commission with a stipend. Dan Rivoire, representing the San Luis Obispo County Bicycle Coalition, conveyed support for the submittal of a local sale tax ballot measure to the voters; noted that Measure Y funds were used in pursuit of the City's Major Goals and improving the quality of life for residents. t Tim Williams, representing the Chamber of Commerce, voiced support for the additional accountability measures and fiscal responsibility philosophy; suggested that Council allow the community to lead the effort to campaign for the measure. Steve Barasch, San Luis Obispo, asserted that Measure Y funds were not utilized as originally intended and that only 10% of funds have been used for Capital Improvement Projects (CIP). Leslie Halls, representing the San Luis Obispo Property and Business Owner Association; voiced concern that sales taxes have negative impacts on seniors and low- income residents; suggested that efforts need to be taken to improve investment yields; asserted that City staff requested that Cuesta College postpone the placement of a bond measure for November 2014. There being no others desiring to speak on this item, the Public Hearing was closed. In response to Council and public inquiries, Finance and Information Technology Director Padilla advised that the City has not evaluated the possibility of issuing pension obligation bonds, pointing out that it is an unfavorable market for issuing such bonds; explained that the City is evaluating the possibility of improving investment yields while still securing principal funds; spoke on the Council's role in approving the capital improvement plan and the definition of a CIP. City Council Meeting Minutes — July 1, 2014 Page 8 City Manager Lichtig advised that neither she, nor is she aware of City staff, making a request for Cuesta College or the San Luis Coastal Unified School District to postpone placing a bond measure for November 2014; each member of Council advised that they had not requested Cuesta College or the San Luis Coastal Unified School District to postpone placing a bond measure for November 2014 Council discussion ensued relative to the propriety of staff presenting information related to Measure Y or a renewal of the local sales tax. By consensus, Council reviewed the education and outreach program and directed that staff is authorized to post information about the benefits of Measure Y on the City's website and to responded to public inquiries, but may not make educational presentations. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10542 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, calling and giving notice of the holding of a General Municipal Election to be held Tuesday, November 4, 2014 for the submission to the voters a question whether to extend an existing half cent local revenue measure for an additional eight years." MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR 1 CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to introduce Ordinance No. 1604 (2014 Series) entitled "A Ordinance of the City Council and the People of the City of San Luis Obispo, California, amending Chamber 3.15 of the Municipal Code to extend the existing 'Essential Services Transactions (Sales) and Use Tax,' for an additional eight years (March 31, 2023), to be administered by the State Board of Equalization; update the purpose statement; and provide for additional citizen oversight and accounting transparency." MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10543 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an impartial analysis." MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10544 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, providing for the filing of rebuttal arguments for City Measures submitted at Municipal Elections." MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10545 (2014 Series) entitled "A Resolution of the City City Council Meeting Minutes — July 1, 2014 Page 9 Council of the City of San Luis Obispo, California, requesting the San Luis ' Obispo County Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be held on that date." MOTION BY MAYOR MARX, SECOND BY COUNCIL MEMBER SMITH, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to introduce Ordinance No. 1605 (2014 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, establishing the Citizens' Revenue Enhancement Oversight Commission (REOC)." MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10546 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting its Fiscal Responsibility Philosophy." - Council directed staff to develop a project plan (including elements of public outreach) for implementing tools to increase accountability and transparency regarding City finances and operations, including performance measures and dashboards. RECESS 1 Council recessed at 8:52 p.m. and reconvened at 9:05 p.m., with all Council Members present. PH3. REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE. 17: ZONING REGULATIONS, ASSOCIATED WITH THE BEDROOM DEFINITION, REGULATIONS FOR GUEST QUARTERS AND ACCESSORY STRUCTURES, AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW — ORDINANCE INTRODUCTION Community Development Director Johnson, Community Development Deputy Director Davidson, and Associate Planner Carloni narrated a presentation entitled "Zoning Regulations Amendment" and responded to Council inquires. Mayor Marx opened the Public Hearing. 1 City Council Meeting Minutes — July 1, 2014 Page 10 Sandra Rowley, representing Residents for Quality Neighborhoods (RQN), spoke on the importance for ensuring residents are informed of .zoning amendments; voiced concern that water and sewer connections to accessory structures will likely result in illegal conversions. Carolyn Smith, San Luis Obispo, recommended that lofts and dens be included in the definition of bedroom; conveyed support for the owner- occupied requirements for guest quarters; stressed the importance of early notification for zoning amendments. Steve Delmartini, San Luis Obispo, questioned, and received clarification, that the proposed regulations would require that residences be owner- occupied for guest units to be used as overnight sleeping quarters and that owner - occupied refers to individuals listed on title; urged Council to develop criteria for consideration of hardship cases. . Scott Martin, Atascadero, noted that he is an architect operating in San Luis Obispo; asserted that the proposed regulations are overly restrictive, impeding an individual's rights related to private property; voiced opposition to the owner - occupied requirement for use of guest quarters. Michelle Tasseff, San Luis Obispo, spoke on the difficulty of enforcing regulations related to accessory structures and illegal conversions. 1 There being no others desiring to speak on this item, the Public Hearing was closed. Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to introduce Ordinance No. 1606 (2014 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo amending Title 17 (Zoning Regulations) of the Municipal Code associated with the bedroom definition, guest quarters and accessory structure regulations and zoning amendment initiations with a Categorical Exemption From Environmental Review" (CEQA Guidelines Section 15061.b3). 1 City Council Meeting Minutes — July 1, 2014 Page 11 LIAISON REPORTS 1 Council liaison reports were received from Council Member Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Council directed the City Attorney to send Council a memorandum regarding adverse impacts of application of revised Fair Political Practices Commission (FPPC) conflict -of- interest regulations on local representation. ADJOURNMENT The City Council adjourned at 10:20 p.m. The next Regular Meeting to be held on Tuesday, July 15, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 08/19/14 1