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Home My WebLink About05-17-2016 MinutesC,ti'C Y 0� aCouncil Minutes Tuesday, May 17, 2016 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, May 17, 2016 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. *Council Member Ashbaugh arrived at 4:05 p.m. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. Mayor Jan Marx announced she would recuse herself from Item #1 due a potential conflict of interest (business interest). Mayor Marx left the dais at 4:02 p.m. Vice Mayor Carpenter presided. PUBLIC HEARINGS 1. CONSIDERATION OF A NEW RESIDENTIAL SUBDIVISION (VESTING TENTATIVE TRACT MAP #3053) LOCATED AT ORCUTT AND TANK FARM ROADS IN THE ORCUTT AREA SPECIFIC PLANNING AREA (OASP) AND CONSIDERATION OF AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS -MND). AS A TIER OFF THE OASP FINAL EIR (2010) (WEST CREEK) David Watson, Consulting Project Planner, provided an overview of the staff report and outlined the recommendations. San Luis Obispo Page 1 San Luis Obispo City Council Minutes of May 17, 2016 Page 2 The applicant's representatives, Aaron Abbot (Robbins Reed) and Pani Ricci (RRM Design Group) described the proposed subdivision and project details including bicycle parking, creek corridor and linear parks, the parkland development fee credit and plans for maintaining open space and parkland lots for public city use. Brief Council questions followed. Public Comments: Speaking in favor of the project were Erik Justesen, RRM Design Group CEO and President, Dave Greg, property owner and San Luis Obispo resident Steve Delma.rtini. ---End of Public Comments --- Council questions and discussion followed. Council Member Christianson proposed the following amendment to Condition 112 regarding the parklands development fee credit: Parklands Development Fee Credit. "In exchange for development of the "West Creek neighborhood parks" (described as Lots 68, 69, 71, 72), or such other configuration of lots as finally agreed upon by the city, the subdivider shall be entitled to a parklands development fee credit of S2Sia the allowed one-half of the overall parkland fee for improving and maintaining the referenced lots for public city use. The credit amount shall be considered by the Parks and Recreation Commission with their recommendation to the City Council prior to recordation of a final map. The Parks and Recreation Commission shall be responsible for Final Design Review of the referenced parks prior to construction." ACTION: MOTION: BY COUNCIL MEMBER CHRISTIANSON, SECONDED BY COUNCIL MEMBER RIVOIRE, CARRIED 4:0:1 (MARX RECUSED) to: 1. Adopt Resolution No. 10714 (2016 Series), entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting a mitigated negative declaration of environmental determination for Vesting Tentative Tract Map No. 3083 creating 77 lots for property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083 a.k.a. "West Creek."; and 2. Adopt a Resolution No. 10715 (2016 Series), entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving Vesting Tentative Tract Map No. 3083 creating 77 lots for property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083 a.k.a. "West Creek." as amended (Condition 112 modified). Note: This condition was later renumbered 109). Provide direction, as follows: 3. To be considered by the Architectural Review Commission during Final Design Review of the project as follows: a. Consider prohibiting a swimming pool as part of the project; and, b. Provide special attention to reducing heights of retaining walls in the final design. Mayor Marx returned to the dais at 5:08 p.m. Council adjourned to Closed Session. San Luis Obispo City Council Minutes of May 17, 2016 Page 3 CLOSED SESSION PUBLIC COMMENT ON CLOSED SESSION ITEM There were no public comments on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation include allegations by the group California River Watch in a letter to the City from its counsel, Jack Silver, that the City has committed violations of the Clean Water Act. A copy of the letter is available upon request from the City Clerk's Office. At 6.•00 p.m., the Council reconvened in Open Session. All Council Members were present. PLEDGE OF ALLEGIANCE Vice Mayor Carpenter led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Christine Dietrick announced that there were no reportable actions from the Closed Session. 2. INTRODUCTION OF NEW HIRES IN COMMUNITY DEVELOPMENT Community Development Director Codron introduced the following employees: • Rebecca Cox, Supervising Administrative Assistant • Elizabeth Farrington, Code Enforcement Technician II • Paula Frojae, Building Inspector I • Gary McNanna, Code Enforcement Technician II • John Mezzapesa, Code Enforcement Officer I 3. MAYOR'S AWARDS FOR COMMUNITY SERVICE Mayor Marx and Council Members presented the Mayor's Awards for Community Service to San Luis Obispo High School students for completing eighty hours or more of community service. San Luis Obispo City Council Minutes of May 17, 2016 Page 4 4. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK Public Works Director Daryl Grigsby and Utilities Director Carrie Mattingly accepted the proclamation declaring May 15-21, 2016 as "National Public Works Week." Public Works Director Grigsby introduced new or promoted employees. 5. PRESENTATION BY COURTNEY KIENOW REPRESEN'T'ING CAL POLY REGARDING AN UPDATE ON CAL POLY INFRASTRUCTURE PROJECTS Mayor Marx announced that the Update has been moved to a date uncertain, as the presenter has become ill. Staff will work with Ca.] Poly to make sure the information that was to be discussed tonight is made available to the public on the City's website. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Nicole Moore, Los Osos, Leadership San Luis Obispo Class 24 provided an update on the Class Project at City Hall (drought tolerant planting project in front of the Little Theater). David Brody, San Luis Obispo, asked the Council to discuss the issue of climate change. Cal Poly Students Daniela Czerny, Alice Reed, Matt Boer, Vittorio Monteverdi, Trevor Marston, Sam Lanino, Paccal Purro, Justin Rajah, Haley Stegall, Natalie Montoya and Annalee Akin urged the City to collaborate with Cal Poly Associated Students Inc. (ASI) on the development of an event registration policy. Michelle Tasseff, San Luis Obispo, supported the comments of the Cal Poly students and spoke in favor of building more affordable workforce housing. Donald Hedrick, San Luis Obispo, provided personal opinions about how the country is being run and how national elections are being held. Mila Vujovich-LaBarre, San Luis Obispo, spoke regarding affordable housing needs and climate change. Cheryl McLean, San Luis Obispo, shared concerns regarding carbon emissions and climate change; and urged the Council to consider limits on non-residential retail/commercial development. Cal Poly student Kyle Jordan remarked that rent and housing prices in San Luis Obispo are out of control and advocated for high density and affordable housing. Police Chief Cantrell reported that staff plans to work closely with Cal Poly ASI and the Student Community Liaison Committee (SCLC) this Fall in developing an event registration program to improve neighborhood civility. Assistant City Manager Johnson provided a brief update on a proposal for 1101 Monterey Street (also known as the Santa Rosa infill project). San Leis Obispo City Council Minutes of May 17 2016 Pae.5 5 CONSENT AGENDA Public Comments: Dominique Tartaglia, Chamber of Commerce, and Michelle Tasseff, Human Relations Commission Chairperson, spoke in support of Item 13 (Directed Giving Campaign). Donald Hedrick, San Luis Obispo, objected to the approval of Items 14 (Banking Services) and asked that Item 22 (CalRecycle Program) be pulled because it was added to the agenda three days before the meeting. Steve Delmartini, San Luis Obispo Police Department RoundTable, encouraged the approval of Item 9 (Body Worn Camera Program). Utilities Director Mattingly explained the need for adding Item 22 to the agenda (deadline for a grant) and added that it is simply a continuation of an existing grant. Council Member Ashbaugh pulled Item 8 for a question and 12 to suggest a minor correction. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 6 through 22. 6. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 7. MINUTES OF MARCH 15, MARCH 22, AND MARCH 23, 2016 CARRIED 5-0 to approve the Minutes of the City Council meetings of March 15, March 22, and March 23, 2016. 8. NOVEMBER 8, 2016 REGULAR MUNICIPAL ELECTION This item was pulled by Council Member Ashbaugh for question regarding language in the draft resolution. Staff explained. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECONDED BY COUNCIL MEMBER RIVOIRE CARRIED 5:0 to adopt the Resolutions and confirm the setting of a Special Meeting on Thursday, December 1, 2016 at twelve o'clock noon. 1. Adopted Resolution No. 10716 (2016 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 on Tuesday, November 8, 2016, for the election of certain officers as required by the provisions of the City Charter and adopting regulations for Candidates' Statements."; and 2. Adopted a Resolution No. 10717 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, requesting the San Luis Obispo Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 8, 2016, with the Statewide General Election to be held on that date."; and San Luis Obispo Citv Council Minutes of Mav 17. 2016 Paae 6 3. Confirmed the setting of a Special Meeting on Thursday, December 1, 2016 at twelve o'clock noon to adopt a Resolution certifying the results of the election and to administer oaths of office to the newly elected Mayor and Council Members. 9. 2016 U.S. DOJ FEDERAL BODY WORN CAMERA PROGRAM EXPANSION AND IMPLEMENTA'T'ION GRANT CARRIED 5-0 to: 1. Authorize staff to pursue a grant application submitted to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, for federal fiscal years 2016-2018 in a total amount not to exceed $150,000, with the City providing a 50% match (no more than $75,000) for body worn camera program expansion and implementation; and 2. Authorize the City Manager to execute the necessary grant documents, and appropriate the grant amount into the Police Department's budget upon grant award. 10. DESIGN SERVICES FOR CALLE JOAQUIN LIFT STATION REPLACEMENT, SPEC. NO. 91133, CONTRACT AMENDMENT NO.5 CARRIED 5-0 to: 1. Approve a contract amendment of $13,089 for additional Design Services for the Calle Joaquin Siphon and Lift Station Replacement, Spec. No. 91133; and 2. Adopt Resolution No. 10718 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving a mitigated negative declaration of environmental impact for the Calle Joaquin Lift Station and Siphon Project." It. AMENDMENT OF CONTRACT FOR CONSULTING SERVICES TO CONTINUE PROCESSING THE SAN LUIS RANCH PROJECT CARRIED 5-0 to authorize the Community Development Director to amend a contract with John F. Rickenbach Consulting to include revised scope of work adding an additional $85,725 at a total cost not to exceed $146,475 for Phase Two processing of the San Luis Ranch project. 12. ORDINANCE NO. 1629 (SECOND READING) - AMEND TABLE 9 OF SECTION 17.22.010 OF THE CITY'S MUNICIPAL CODE (ZONING REGULATIONS) CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN THE BUSINESS PARK (B -P) ZONE IN THE AIRPORT AREA SPECIFIC PLAN AREA (SLO BREW) This item pulled by Council Member Ashbaugh to vote No and to note need for correction on pg. 257 (correction of a minor typographical error). ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECONDED BY MAYOR MARX, CARRIED 4:1 (ASHBAUGH VOTING NO) to: San Luis Obispo City Council Minutes of May 17, 2016 Page_7 Adopt Ordinance No. 1629 (2016 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City's Municipal Code (Zoning Regulations) conditionally permitting a night club land use within the Business Park (B -P) Zone in the Airport Area Specific Plan Area (Code -1316-2015)", as amended to correct a minor typographical error. 13. DIRECTED GIVING CAMPAIGN — "MAKE CHANGE COUNT" METER DONATION PROGRAM CARRIED 5-0 to approve a permanent continuance of the "Make Change Count" meter donation program. 14. REQUEST FOR PROPOSALS FOR BANKING SERVICES CARRIED 5-0 to approve the issuance of a Request for Proposals (RFP) for banking services to be sent to all bank and savings and loan institutions with full-service branches located in the City of San Luis Obispo. 15. MAINTENANCE WORK JOB ORDER CONTRACT 2016, SPECIFICATION NO. 91446 — CARRIED 5-0 to: 1. Approve Special Provisions for Maintenance Work Job Order Contract 2016, Specification No. 91446; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract to the lowest responsible bidder. 16. AMENDMENT TO CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH MNS ENGINEERS FOR LOS OSOS VALLEY ROAD AT US 101 INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821 CARRIED 5-0 to authorize the City Manager to execute Amendment No. 3 to the Construction Management Services Agreement with MNS Engineers, dated July 1, 2014, increasing the contract by $175,806, bringing the total contract allowable monthly cumulative payments from $2,650,224 to $2,826,030 for the remainder of the contract. 17. COMMUNITY DEVELOPMENT BLOCK GRANT CDBG CURB RAMPS 2016 PROJECT, SPECIFICATION NO. 91445 CARRIED 5-0 to: 1. Approve Plans and Specifications for the Community Development Block Grant (CDBG) Curb Ramps 2016 Project, Specification No. 91445; and 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 $118,000. San Luis Obispo City Council Minutes of May 17, 2016 Page 8 18. ROADWAY SEALING 2016, SPECIFICATION NO, 91311 CARRIED 5-0 to: 1. Approve plans and specifications for the Roadway Sealing 2016 Project, Specification No. 91311; and 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 $1,199,705. 19. AUTHORIZE USE OF FUNDS FOR CONTINUING LITIGATION CARRIED 5-0 to authorize the City Attorney to execute a Second Amendment to the Legal Services Agreement with the law firm of Jarvis, Fay, Doporto (Original Agreement dated March 31, 2015; First Amendment dated August 17, 2015) increasing the not to exceed amount from $50,000 to $75,000, for the City's legal defense in the case of Palacios, et al. v. Nielsen, et al., as authorized by the City Council and reported out of closed session on March 31, 2015. 20. CORRECTION TO CITY COUNCIL MEETING MINUTES OF JANUARY 19, 2016 CARRIED 5-0 to approve the corrected minutes of January 19, 2016. 22. PARTICIPATION IN THE CALRECYCLE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM CARRIED 5-0 to adopt Resolution No. 10719 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing submittal of application for payment programs and related authorizations," offered by CalRecycle. BUSINESS ITEMS 21. ANNUAL REPORT REGARDING RENTAL HOUSING INSPECTION PROGRAM Community Development Director Michael Codron, Code Enforcement Supervisor Teresa Purrington and Anne Schneider Chief Building Official provided an in-depth staff report. Mayor Marx called for a recess at 9:04 p.m. The meeting resumed at 8:15 p.m. Council questions to staff followed regarding vacancy rates, informational materials to explain the Rental Housing Inspection Program (RHIP) to tenants, properties subject to inspection, and exemptions. Public Comments: The following San Luis Obispo residents, property owners and/or business persons spoke in opposition to the Rental Housing Inspection Program: Edward Rogell, Lesa Gofourth, Steve Ferrario, David Baldwin, Kabe Alkebulan, Trenton Matson, David Levitsky, Eric Kam, San Luis Obispo City Council Minutes of May 17, 2016 Pale 9 Barry Jones, Sim6n Laurie, David Spiva, Andrew Follick (SLOU40), Teddy Burton, LynAnne Wiest, Kevin Rice, and Brett Strickland. The following San Luis Obispo residents and business owners or representatives offered suggestions for improvements to the RHIP: Andy Pease, Matt Roberts, Judy Lewelling, Sylvia Drucker, Michelle Tasseff, Charlene Rosales (Chamber of Commerce), Andrew Brown, Carolyn Smith, and Graham Updegrove. Steve Delmartini, San Luis Obispo, spoke in favor of extending the amnesty period and asked several questions for clarification about the RHIP: Does it apply to condominiums and Planned Developments; are smoke alarms and carbon monoxide detectors tested; and can a den or office be used as a bedroom. Donald Hedrick, San Luis Obispo, spoke off topic. ---End of Public Comments --- Chief Building Official Schneider responded to questions raised by Mr. Delmartini noting that the ordinance defines "homes" and added that a condominium, if developed as a single- family home would be subject to the RHIP. She explained that inspections include verifying that safety measures (including smoke and carbon monoxide detectors) are in place, but they are not tested. She also pointed out that the inspections are not to determine high occupancy, but to determine if the property has been altered to create additional living space. Council discussion ensued. Council Member Carpenter stated that he had opposed the adoption of the ordinance and he continues to object to it because it is overreaching, invades people's privacy, is discriminatory and has unintended consequences, including driving tenants out of town. He added that he could not support the extension of the amnesty because he doesn't support the RHIP. Council Member Rivoire remarked that he could not vote in favor of the policy directions because he has deep concerns about the RHIP. He urged the Council majority to consider different ways to evaluate the RHIP; and suggested several metrics and enhancements to the inspection checklist. Council feedback on the RHIP followed, as reflected in the Action below. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECONDED BY COUNCIL MEMBER CHRISTIANSON CARRIED 3:2 (CARPENTER AND RIVOIRE VOTING NO) to: Received and filed the annual report regarding the Rental Housing Inspection Program. (RHIP); and 2. Adopted Resolution No. 10720 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, extending the deadline for the amnesty period for waiver of the special investigation fee and clarifying the interpretation and scope of San Luis Obispo City Council Minutes of May 17, 2016 Page 10 the definition of "Residential Rental Dwelling Unit" in section 15.10.020 of the San Luis Obispo Municipal Code." By Council consensus, staff was directed to add tracking of rental costs and vacancy rates; summary of inspections of propertics with history of Codc Enforccmcnt; the number of displacements or relocations (red tags issued); enhance "Frequently Asked Questions" based on input received from correspondence and during public testimony; develop a leave behind on tenants' rights; evaluate changes to the checklist to clarify which items relate directly to habitability, and return with an update in May 2017. LIAISON REPOR Council Liaison written reports were received from Council Member Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Mayor Marx announced a meeting on May 24, 2016 from 6-8 p.m. San Luis Obispo Council of Government (SLOCOG) will conduct an open meeting at Los Ranchos Elementary School about the congestion on Broad/Hwy 227 between Orcutt and Crestmont. Council Member Ashbaugh announced a meeting on May 18, 2016 regarding neighborhood crime issues in the Bishop's Peak School area. He also mentioned an upcoming community service fair at Cal Poly. ADJOURNMENT Council adjourned to a Special Meeting to be held on Tuesday, May 24, 2016 at 8:30 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purpose of conducting a Closed Session related to labor negotiations. The Regular City Council Meeting of June 7, 2016 was previously cancelled. Consequently, the next Regular City Council Meetings is scheduled for Tuesday, June 14, 2016 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. Carrie Gallagher City Clerk APPROVED BY COUNCIL: 08/16/2016