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HomeMy WebLinkAbout11-15-2016 Minutes.: ' 0 Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, November 15, 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, November 15, 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, and Mayor Jan Marx Council Members Absent: Vice Mayor Dan Carpenter City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC HEARINGS 1. UPDATE FOR THE ORCUTT AREA SPECIFIC PLAN (OASP) PUBLIC FACILITIES FINANCING PLAN (PFFP) Community Development Director Codron, Public Works Deputy Director Bochum, and Contract Planner provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquires. David Watson, Project Consultant, David Watson provided an overview of the financial plan project costs including added contingencies, updated project costs, and the reduction of impact fees. Public Comment: Aaryn Abbot, San Luis Obispo, representing Robbins Reed and representing West Creek, spoke regarding the increase in fees due to added project improvements requested by the City; he encouraged a solid system be put into place to keep fees down and asked the City to take a larger participation roll in order to keep costs down. San Luis Obispo Page I San Luis Obispo City Council Minutes of November 15, 2016 Page 2 ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH CARRIED 4-0, (CARPENTER ABSENT) to adopt Resolution No. 10752 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving an update to the Orcutt Area Specific Plan — Public Facilities Financing Plan." As amended to reflect the corrected amount for OASP Single Family Unit (SFU) fee as was shown on table 2. BUSINESS ITEMS 2. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES ASSOCIATION (SLOCEA) FOR T14E PERIOD OF 07/01/2016-06/30/2018 Human Resources Director Irons and Human Resources Analyst Sutter provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquires. Public Comment: None End of Public Comment ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH CARRIED 4-0, (CARPENTER ABSENT) to adopt Resolution No. 10753 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Employees Association for the period of July 1, 2016 through June 30, 2018." City Manager Lichtig acknowledged Council Member Ashbaugh's service to the community, she stated that tonight is his final Council meeting and thanked him for his support of staff. City Attorney Dietrick read closed session items into record. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- RECESS AT 4:53 PM TO CLOSED SESSION TO BE HELD IN THE COUNCIL HEARING ROOM San Luis Obispo City Council Minutes of November 15, 2016 _ Page 3 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of California Public Employment Relations Board Case No. LA -CE -729-M B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Application of Pacific Gas and Electric Company for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, And Recovery of Associated Costs Through Proposed Ratemaking Mechanisms (U39E) A: 16-08- 006 C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Application of Pacific Gas and Electric Company for Authority, Among Other Things, to Increase Rates and Charges for Electric and Gas Service Effective on January 1, 2017 A: 15-09-001 RECESS AT 5:38 P.M. TO THE REGULAR MEETING OF NOVEMBER 15, 2016 TO BEGIN AT 6:00 P.M. San Luis Obispo City Council Minutes of November 15, 2016 Page 4 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 15, 2016 at 6:00 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, Mayor Jan Marx Council Members Absent: Vice Mayor Dan Carpenter City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and Carrie Gallagher, 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 Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick announced that there were no reportable actions from the Closed Session. INTRODUCTIONS 3. RICO PARDO - ACCOUNTING MANAGER/CONTROLLER, COURTNEY STECK - BUDGET MANAGER AND VINAY JATHANNA - TECHNICAL PROJECTS MANAGER Interim Finance Director Bradford introduced Accounting Manager/Controller Rico Pardo, Budget Manager Courtney Steck, and Technical Projects Manger Vinay Jathanna as new hires. PRESENTATIONS 4. PROCLAMATION - TRANSGENDER DAY OF REMEMBRANCE Mayor Marx presented a Proclamation to Doug Heumann, Secretary of Tranz Central Coast proclaiming November 20, 2016 as "Transgender Day of Remembrance." San Luis Obispo City Council Minutes of November 15 2016 Pae 5 5. PROCLAMATION - ASSEMBLY MEMBER KHATCHIK "KATCHO" ACHADJIAN Mayor Marx presented a Proclamation to Assembly Member Khatchik "Katcho" Achadjian, expressing gratitude for his outstanding service to the people of San Luis Obispo. APPOINTMENTS 6. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION ARC MASS TRANSPORTATION COMMITTEE {MTC) AND PLANNING COMMISSION (PC) City Clerk Gallagher presented the contents of the report. Recommendation No. l was pulled for further consideration and action was taken separately: ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY MAYOR MARX CARRIED 3-1, (ASHBAUGH NO) (CARPENTER ABSENT) to: 2. Confirm the appointment of David Figueroa to the Mass Transportation Committee (alternate representative) to complete an unexpired term through March 31, 2018; and 3. Confirm the appointment of Kim Bishcff to the Planning Commission to complete an unexpired term through March 31, 2020. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECONDED BY COUNCIL MEMBER RIVOIRE FAILED 2-2, (CHRISTIANSON NO) (MAYOR MARX NO) (CARPENTER ABSENT) to; 1. Confirm the appointment of Lydia Mourenza to the Architectural Review Commission to complete an unexpired term through March 31, 2018. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Marissa McCullough, San Luis Obispo, Cal Poly Student, spoke regarding inadequate street lighting in the student residence area. Noah Letuiligasenoa, San Luis Obispo, Cal Poly Student, referenced a recent survey of Cal Poly students regarding lighting issues in the student residence area and surrounding areas. Cannon Wong, San Luis Obispo, Cal Poly Student, spoke regarding street lighting survey findings specific to concerns for public safety. Summer Atwood, San Luis Obispo, Cal Poly Student, spoke regarding inadequate lighting in the student resident area; she requested a collaborative effort between students and City officials to combat the students lighting and safety concerns. David Brodie, San Luis Obispo spoke regarding projected rainfall totals and voiced concern for a lack of water for City residents. San Luis Obispo City Council Minutes of November 15 2016 _ Page 5 Mandy Davis & Karen Hamon, speaking together requested that City Council agendize the Dakota Pipeline. Roberto Monge, with use of a PowerPoint presentation spoke regarding water related issues facing Standing Rock, lie asked that this issue be agendized in the future. End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE CARRIED 4-0, (CARPENTER ABSENT) to approve the consent Calendar Items 7 thru 11. 7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0, to waive reading of all resolutions and ordinances as appropriate. 8. ADOPTION OF AN ORDINANCE INTRODUCED BY THE CITY COUNCIL ON NOVEMBER 1, 2016, TO ADOPT BY REFERENCE THE 2016 CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS CARRIED 4-0, to adopt Ordinance No. 1630 (2016 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending title 15 of the municipal code to adopt by reference and amend the latest editions of the California Building Standards Codes and adopting findings of fact to support the amendments." 9. WATER SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADE, SPECIFICATION NO. 91062 CARRIED 4-0, to: 1. Approve plans and specifications for the Water Supervisory Control and Data Acquisition (SCADA) System Upgrade, Specification No. 91062 and authorize staff to advertise for bids; and 2. Authorize the City Manager to award the contract to the lowest responsible bidder in an amount not to exceed $1,225,500. 10. CORRECTION TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523 (FIRE) FOR THE PERIOD OF 01/01/2016 —12/31/2017 CARRIED 4-0, to: 1. Approve inclusion of provision for Fire Vehicle Mechanic Tool Allowance, inadvertently left out of the Memorandum of Agreement (MOA) between Fire and the City when previously adopted by the City Council; and San Leis Obispo City Council Minutes of Novernber 15 2016 Pae 7 2. Adopt Resolution No. 10764 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the corrected Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Firefighters Local 3523 for the period of January 1, 2016 through December 31, 2017. 11. SINSHEIMER PARK PLAYGROUND RENOVATION SPECIFICATION NO. 90650 CARRIED 4-0, to award a contract to JJ Fisher in the amount of $623,424 for the Sinsheimer Park Playground Renovation project, Specification No. 90650A PUBLIC HEARINGS 12. REVIEW OF AN APPEAL_ (FILED BY RAY RIGHETTI) OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO APPROVE THE REHABILITATION AND ADAPTIVE REUSE OF THE SUNNY ACRES BUILDING FOR 13 RESIDENTIAL UNITS, A COMMUNITY ROOM AND OFFICE AS PART OF AN _ AFFORDABLE HOUSING RESIDENTIAL CARE FACILITY, THE CONSTRUCTION OF THREE NEW RESIDENTIAL STRUCTURES THAT CONTAIN AN ADDITIONAL 21 UNITS (AS PART OF THE RESIDENTIAL CARE_ FACILITY), AND A MITIGATED NEGATIVE DECLARATION^ OF ENVIRONMENTAL IMPACT. City Manager Lichtig announced that she is recusing herself because she owns property within 500' of the subject property; left the Chamber at 6:55 p.m. Council Members Rivoire, Ashbaugh, Christianson, and Mayor Marx noted their Ex Parte Communication regarding the project. Community Development Director Codron and Associate Planner Cohen provided an in- depth staff report with the use of a PowerPoint presentation and responded to Council inquires. Appellant: Ray Righetti stated the goal of his appeal is to present what he feels is a broader vision on how to better apply natural and financial resources. With the use of a PowerPoint presentation he provided reasons for rejecting the proposed project including his vision for a SLO Center for the Arts project to be built on the proposed location; he provided reasons why he feels the current proposed mental health housing model is the wrong housing approach. Applicant: Jill Bolster -White provided a PowerPoint presentation and short video showcasing the proposed project design; she shared benefits of mental health recovery programs and noted the large community support for the project. Scott Smith, Project Partner, Executive Director of HASLO, Housing Authority San Luis Obispo, speaking on behalf of the applicant noted that most resources for the project were to be paid from Non -Governmental funds and urged the Council to deny the appeal. San Luis Obis ❑ City Council Minutes of November 15 2016 Pare 8 Public Comment: Speaking in support of the 12roject and against the arpeal: Patrick Saldana, San Luis Obispo, Attorney for California Rural League Assistance San Luis Obispo Office. Pam Zweifel, San Luis Obispo Vice President of the National Alliance on Mental Illness in San Luis Obispo County representing 350 members who are all in favor of the project. Deborah Linden, San Luis Obispo and longtime Board Member of Transitions Mental Health Association. Erica Flores Baltodano, San Luis Obispo, Employment Law Attorney and local business owner. Grace McIntosh, Deputy Director at Community Action Partnership in San Luis Obispo. David Booker, Chairman of the Housing Authority of San Luis Obispo. Jeff Foster, San Luis Obispo. Peter K. Kardul, San Luis Obispo and local business owner. Shauna Dragomir Atascadero resident, Real Property Manager for County of San Luis Obispo. JT Haas, Board President for Transitions Mental Health Association. Elie Alexroth, San Luis Obispo. Pete Pepper, San Luis Obispo, Co -Coordinator of the mentoring program for the Veterans Treatment Court. Fr. Ian Delinger of St. Steven's Church. Joel Diringer, San Luis Obispo, neighbor to the project, long time heath advocate and Attorney. Wendy Brown, San Luis Obispo. Robert Clayton, local psychologist and Vice Chair of Human Relation Commission. Marguerite Bader, Avila Beach resident and President to League of Women Voters of San Luis Obispo County. Jim Grant, San Luis Obispo. Heather Billing, San Luis and neighbor to the project. San Luis Obispo City Council Minutes of November 15 2016 Pae 9 Michelle Tasseff, San Luis Obispo, Chair of the Human Relation Commission and Code Enforcement Officer. John Fowler, San Luis Obispo, People Self Help Housing CEO and Executive Director and City Planning Commission Member. Michael Kaplan, San Luis Obispo and employee for Transition Mental Health Organization. Brian Asher Alhadeff, Conductor of Opera San Luis Obispo. John Belsher, San Luis Obispo. Anne Wyatt, San Luis Obispo, Housing Policy Planner. Dr. Joseph Abrahams, San Luis Obispo. Speaking neither in support or against the project: Rich Vorie, Avila Beach resident, speaking neither for or against the project, spoke regarding the management of project resources and on cost perspective. Appellant: Lanny Hernandez, believes Transitions has made a poor decision for a good cause and believes his alternative vision is a broader vision. ---End of Public Comment --- Mayor Marx re -opened Public Comment: Applicant: Jill Bolster -White corrected incorrect cost estimates provided earlier by the appellant and noted that the forefront of their mission is the elimination of stigma. Applicant: Scott Smith reiterated the corrected numbers provided by Jill Bolster -White adding that most of it is paid for by private investors. End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE CARRIED 4-0, (CARPENTER ABSENT) to adopt Resolution No. 10754 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, denying the appeal of the Architectural Review Commission's approval of the rehabilitation and adaptive reuse of the Sunny Acres building for 13 residential units, a community room and office as part of an affordable housing residential care facility, the construction of three new residential structures that contain an additional 21 units (as part of the residential care facility), and a mitigated negative declaration of environmental impact as represented in the City Council Agenda Report and attachments dated November 15, 2016 (1600 Bishop Street, ARCH-3336-2016/EID-3562-2016)." Mayor Marx called for a recess at 8:30 p.m. The meeting resumed at 9:45 p.m. San Luis Obispo City Council Minutes of November 15 2016 Paae 10 13. REVIEW OF AN APPEAL FILED BY CAMILLE SMALL OF THE ARCHITECTURE REVIEW COMMISSION'S DECISION TO APPROVE A REMODEL OF AN EXISTING COMMERCIAL STRUCTURE LOCATED AT 1144 CHORRO STREET WHICH INCLUDES A REQUEST FOR A MARQUEE SIGN AND OTHER EXCEPTIONS FROM THE SIGN REGULATIONS ARCH -3773- 2016) No Council Member Ex Parte Communications were reported. Community Development Director Codron and Associate Planner Bell provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquires. Appellant: Camille Small, San Luis Obispo referenced a letter she previously sent to Council, she stated she believes Council should weigh in on ARC decisions noting size and bright lights approved in the design; she stated her disagreement with ARC statement that the design is consistent with other Downtown buildings. Applicant: Jeremy Pemberton, San Luis Obispo and Managing Partner of Discovery San Luis Obispo stated that the marquee has a direct effect on his ability to generate enough business to properly service the use of capital; through use of a PowerPoint presentation he provided a slide show of images showing the proposed design of the project. He requested the denial of the appeal and asked that Council permit the marquee as recommended by City Staff. Scott Martin, Design Director with RRM Design Group, speaking on behalf of applicant, stated they are asking for what is allowed within the sign regulations which requires an ARC approval. Public Comment: Stan Carpenter, owner and trustee of a commercial business in the immediate area of the proposed project, spoke in support of the project and requested denial of the appeal. Jeanne Kinney, San Luis Obispo noted that the location is the entry way of the City and asked Council to keep this in mind when making a decision tonight. David Brodie, San Luis Obispo spoke against the project and noted being in favor of the appeal. James Lopes, San Luis Obispo resident, speaking on behalf of Save Our Downtown spoke against the project and noted being in favor of the appeal. Farid Shahid, San Luis Obispo resident, spoke in support of the project and requested denial of the appeal. Elisabeth Abrahams, San Luis Obispo resident, speaking on behalf of Save Our Downtown spoke against the project and in favor of the appeal. Andy Pease, San Luis Obispo resident, stated that the logo does not support the residents San Luis Obis o C i ty Council Minutes of November 15 2016 Pae 11 desire of a family friendly establishment. Applicant: Jeremy Pemberton reminded Council that tonight's decision should be in regards to the sign placement and not whether this is a family friendly establishment or not, although he contends that is such. ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH CARRIED 4-0, (CARPENTER ABSENT) to adopt Resolution No. 10755 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, denying the appeal of the Architecture Review Commission's decision to approve a remodel of an existing commercial structure, located at 1144 Chorro Street, which includes a request for a marquee sign and other exceptions from the sign regulations, with a categorical exemption from environmental review as represented in the City Council agenda report and attachments dated November 15, 2016 (1144 Chorro, arch -3773-2016)." 14. INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 13.07.030 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING RESTRICTIONS ON OUTDOOR IRRIGATION OF PUBLIC FACILITY TURF WITH POTABLE WATER Public Works Director Grigsby, and Public Works Deputy Director/City Engineer Horn provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquires. Public Comment: Heather Billing, San Luis Obispo and Assistant Regional Commissioner for the American Youth Soccer Association San Luis Obispo, spoke regarding the size of the organization and asked that Council adopt the Ordinance tonight in order to keep the facilities safe for all youth sports organizations. Jeff Whitener, San Luis Obispo speaking on behalf of the Park and Recreation Commission spoke regarding the current weather pattern and the poor conditions of the fields. End of Public Comment Water Resources Program Manager Boerman responded to Council inquiries. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH CARRIED 4-0, (CARPENTER ABSENT) to Introduce Ordinance No. 1631 (2016 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section 13.07.030 of the San Luis Obispo Municipal Code regarding restrictions on outdoor irrigation of public facility turf with potable water." San Luis Obispo City Council Minutes of November 15,21 6 _ Page 12 BUSINESS ITEMS 15. SETTING THE STAGE: BACKGROUND MATERIALS FOR 2017-19 GOAL - SETTING AND FINANCIAL PLAN PROCESS Interim Finance Director Bradford introduced the General Plan Update; Assistant City Manager Johnson presented Major City Goals, Public Works Director Grigsby, presented Current and Long Term CIP and Community Development Director, Codron provided the General Plan Update with the use of a PowerPoint presentation as well as responded to Council inquires. Public Comments: None ---End of Public Comment Following discussion, the City Council received and filed the background materials for the 2017-19 Goal Setting and Financial Plan process, including the following: 1. Status of 2015-17 Goals and Objectives; and 2. Status of General Plan Implementation Programs; and 3. Status of Current Capital Improvement Plan Projects; and 4. Long -Term Capital Improvement Plan COUNCIL COMMUNICATIONS AND ET A Y SON REPORTS Written Council Liaison Reports were received from Council Member Ashbaugh and Mayor Marx. Council Member Ashbaugh reported out on City efforts to submit an application for State Department of Water Resources (DWR) funding under the integrated Water Resources Management process. ADJOURNMENT The meeting was adjourned at 11:12 p.m. Adjourn to a Special City Council Meeting to be held on Friday, December 9, 2016 at 12:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California for the purposes of certifying the results of the General Municipal Election of November 8, 2016. The Regular City Council Meeting of December 6, 2016 was previously cancelled. Consequently, the next Regular City Council Meeting is scheduled on Tuesday, December 13, 2016 at 5:00 p.m. and 6:00 p.m., in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. San Luis Obispo City Council Minutes of November 15 2016 Pae 13 . L'� L'a" Carrie Gallagher City Clerk APPROVED BY COUNCIL: 01/17/2017