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HomeMy WebLinkAbout04-04-2017 MinutesCouncil Minutes ,,3 City Hall, 990 Palm Street, San Luis Obispo Tuesday April 4, 2017 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, April 4, 2017 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None 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 HEARING AND BUSINESS ITEMS 1. PUBLIC HEARING - 2017 TRANSIT FARES AND ADVERTISEMENT RATES ANALYSIS Public Works Director Grigsby and Transit Manager Anguiano provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Liz Thyne, San Luis Obispo, Chair of Mass Transportation Committee spoke in support of an increase in transit fares; she noted the importance of an increase to keep the program running as well as for its future success. Louise Justice, San Luis Obispo, Mass Transportation Committee member spoke in support of an increase in transit fares as well as in support of an extension on bus pass times. ---End of Public Comment --- San Luis Obispo Page 1 San Luis Obispo City Council Minutes of April 4, 2017 Page 2 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: As recommended by Mass Transportation Committee (MTC): 1. Adopt Resolution 10784 (2017 SERIES) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the fare and interior bus advertising rates for San Luis Obispo (SLO) Transit"; and 2. Set June 181h 2017 as the date for the new fares to be implemented. As recommended by Staff: 1. Adopt the recommendation of the MTC for the Regular 31 -Day Monthly pass with a revision to limit the increase to $40 instead of $41; and 2. Adopt the recommendation of the MTC for the Senior 31 -Day Monthly pass with a revision to limit the increase to $20 to be half the Regular 31 -Day Monthly pass. Staff was directed by Council to monitor advertising rates and return in the future with a follow up report. STUDY SESSION 2. STUDY SESSION REGARDING INFLOW AND INFILTRATION REDUCTION AND PRIVATE SEWER LATERAL PROGRAM Utilities Director Mattingly, Utilities Deputy Director Hix, Utilities Project Manager Metz, and Wastewater Collection System Supervisor Nance provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Sandra Rowley, San Luis Obispo, stated that additional information was needed and inquired about outreach to property owners. Steve Delmartini, spoke on behalf of Association of Realtors, he spoke regarding point of sale issues and noted time requirements to complete repairs in the process of a home sale. ---End of Public Comment By consensus, Council directed staff to receive and file the presentation on inflow and infiltration reduction, including a Private Sewer Lateral Program, in a study session and provided feedback on reduction approaches. San Luis Obispo City Council Minutes of April 4, 2017 _ Page 3 PUBLIC HEARINGS AND BUSINESS ITEM 3. ADJUSTMENTS TO THE COMPENSATION OF THE UNREPRESENTED MANAGEMENT EMPLOYEES Human Resources Director Irons and Human Resources Analyst Sutter provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Adopt Resolution No. 10785 (2017 SERIES) entitled, "A Resolution of the Council of the City of San Luis Obispo, California, regarding management compensation for appointed officials, department heads, and management employees and superseding previous resolutions in conflict," with a one and one-half year term (January 1, 2017 to June 30, 2018) adjusting the compensation of the Unrepresented Management Employees. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Government Code § 54956.9: No. of potential cases: One. City Manager Lichtig stated that Council may return to the dais slightly later than anticipated due to the late start of the closed session. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- RECESSED AT 5:46 P.M. TO CLOSED SESSION San Luis Ob isl2o City Council Minutes of April -4 2017 Page 4 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, April 4, 2017 at 6:15 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None 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 Vice Mayor Dan Rivoire led the Pledge of Allegiance. Mayor Harmon announced that Item 18 was has been withdrawn at the request of the applicant and continued to a date uncertain; she stated that the item will not be heard tonight. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session Item A. PROCLAMATIONS 4. PROCLAMATION - MONTH OF THE CHILD AND CHILD ABUSE PREVENTION MONTH Mayor Harmon provided a presentation of a proclamation proclaiming April 2017 as both the "Month of the Child" and "Child Abuse Prevention Month." 5. PROCLAMATION - SEXUAL ASSAULT AWARENESS MONTH Mayor Harmon provided a presentation of a proclamation proclaiming April 2017 as "Sexual Assault Awareness Month" and April 29, 2017 as "Walk a Mile In Her Shoes Day" in San Luis Obispo. San Luis Obispo City Council Minutes of April 4, 2017 Page 5 PRESENTATIONS 6. PRESENTATION - WATER RESOURCE RECOVERY FACILITY {WRRF) PROJECT ENERGY REBATE BY SEMPRA ENERGY (THE GAS COMPANY) Utilities Director Mattingly, Water Resources Recovery Facility Supervisor Brewen, and Frank Mateo representing Sempra Energy provided a presentation regarding a rebate check as a result of the Water Resource Recovery Facility (WRRF) Energy Efficiency project. Public Comments: None ---End of Public Comment --- APPOINTMENTS 7. AMENDMENTS TO THE 2017 COUNCIL SUBCOMMITTEE LIAISON ASSIGNMENTS City Clerk Gallagher presented the contents of the report. Public Comments: None ---End of Public Comments --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 Upon formation, add the San Luis Obispo Valley Basin Groundwater Sustainability Agency (GSA) to the Council Liaison Subcommittee assignments list for calendar year 2017; and 2. Appoint Council Member Carlyn Christianson to serve as a member of the community action partnership of San Luis Obispo County, Inc. (CAPSLO) Board of Directors. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Evan Falkenthal, Los Osos, spoke regarding the re-evaluation of an MOU between the City of SLO and the Campus Police Department and noted the use of bullying tactics. Eric Veium, San Luis Obispo, introduced a proposal of a Net Zero Carbon Community Task Force and requested the incorporation of their goals into the Climate Action Plan. Barry Rands, San Luis Obispo, Net Zero Carbon Community Task Force, thanked the City for their efforts in promoting electrical vehicle used with providing charging stations around the City. San Luis Obis o Cily Council Minutes of A ri1 4 2017 Pan 6 Don Hedrick, spoke regarding illness causing toxins released in the air through chem trails. End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 8 thru 14. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0 (GOMEZ RECUSED) to approve Consent Calendar Item 15. 8. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 9. MINUTES OF THE CITY COUNCIL MEETINGS OF FEBRUARY 7, FEBRUARY 16, MARCH 7 AND MARCH 1.4, 2017 CARRIED 5-0, to approve the Minutes of the City Council meetings of February 7, February 16, March 7 and March 14, 2017. 10. REVIEW OF A MILLS ACT HISTORIC PRESERVATION AGREEMENT FOR THE MASTER LIST HISTORIC MICHAEL C. HALPIN HOUSE (116 CHORRO STREET) CARRIED 5-0, to adopt Resolution No. 10786 (2017 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving a historic property preservation agreement between the City and the owner of the Michael C. Halpin House at 116 Chorro Street," under the terms described in the agreement. 11. VOLUNTARY PARTY REGISTRATION PILOT PROGRAM CARRIED 5-0, to approve the creation of a voluntary party registration pilot program to be managed by the Police Department. Public Comments: Daniel Halprin, spoke in support of the party registration program, he noted the inclusion of the student population in its creation and thanked the City for its efforts, additionally he added some changes he hopes are incorporated into the program. Warren Fox, San Luis Obispo thanked the Inter Fraternity Council and City for working together to develop the program, he spoke in support of passing the voluntary party registration pilot program. ---End of Public Comment--- San Luis Obispo City Council Minutes of April 4, 2017 Pam 12. AFFORDABLE HOUSING AGREEMENT AND ACCEPTANCE OF LAND DEDICATION FOR TRACTS 3063, 3066 AND 3095 JRIGHETTI RANCH, JONES, IMEL) CARRIED 5-0, to: 1. Approve an Affordable Housing Agreement to accept the dedication of land to meet to Inclusionary Housing Requirements of Tracts 3063, 3066, and 3095; and 2. Authorize the Community Development Director to approve minor modifications and to execute the approved Affordable Housing Agreement. 13. ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO MAINTAINING STATUS QUO BY EXPRESSLY CODIFYING AND AFFIRMING THE CITY'S AUTHORITY TO ENFORCE ITS CURRENT PERMISSIVE ZONING, LICENSING, PERMITTING AND REGULATORY POLICIES PROHIBITING MARIJUANA USES, ACTIVITIES, AND OPERATIONS, EXCEPT AS OTHERWISE PERMITTED UNDER THE COMPASSIONATE USE ACT, THE MEDICAL CANNABIS REGULATORY AND SAFETY ACT, OR THE CONTROL, REGULATE, AND TAX ADULT USE OF MARIJUANA ACT PENDING COUNCIL DIRECTION AND CONSIDERATION OF PERMANENT REGULATIONS CARRIED 5-0, to adopt Ordinance No. 1633 (2017 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, codifying and reaffirming current City law, policy and practice by expressly prohibiting all commercial and industrial recreational and medical marijuana uses, activities and operations and limiting outdoor cultivation of medical and recreational marijuana within the City," maintaining status quo by expressly codifying and affirming the City's authority to enforce its current permissive zoning, licensing, permitting and regulatory policies prohibiting marijuana uses, activities, and operations, except as otherwise permitted under the Compassionate Use Act, the Medical Cannabis Regulatory and Safety Act, or the Control, Regulate, and Tax Adult Use of Marijuana Act pending Council direction and consideration of permanent regulations. Public Comments: Adam Pinterits, Director of Government and Community Relations for Ethnobotanica, a medical cannabis collective, spoke regarding delivery, cultivation, water and efficiency measures; he offered to provided impute on empirical research and data on cannabis policy and community impacts. End of Public Comment 14. CONTRACT AMENDMENT TO COMPLETE AN INDEPENDENT CONFIDENTIAL PERSONNEL INVESTIGATION CARRIED 5-0, to: 1. Authorize the City Attorney to execute the second amendment to the agreement with Burke Williams & Sorensen, LLP, with a not to exceed amount of $70,000; and San Luis Obispo C ity Council Minutes of April 4 2017 Pae 8 2. Authorize the use of non -departmental: contingency budget in the amount of $20,000 to complete an ongoing independent personnel investigation. 15. ADOPT A RESOLUTION RATIFYING THE CITY COUNCIL'S MARCH 21 2017 DECISION OF AN APPEAL FILED BY STALWORK. INC. OF THE TREE COMMITTEE'S DECISION TO DENY REMOVAL OF TREES FOR A PROPERTY LOCATED AT 2466 AUGUSTA STREET. CARRIED 4-0 (GOMEZ RECUSED) , to adopt Resolution 10782 (2017 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, Denying in Part, and Upholding in Part, an Appeal of the Tree Committee's Decision to Deny a Tree Removal Request at 2466 Augusta Street and Waiving and Levying Civil Penalties." PUBLIC HEARING AND BUSINESS ITEMS 16. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY TERESA MATTHEWS AND LYDIA MOURENZA) OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO APPROVE THE REHABILITATION ADAPTIVE REUSE,AND REPOSITIONING OF THE MASTER LIST HISTORIC SANDFORD HOUSE AND THE _CONSTRUCTION OF A NEW 33 -UNIT, MULTI -FAMILY RESIDENTIAL PROJECT ON 71 PALOM AR DRIVE, WITH A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW Ex Parte Communications: Council Member Pease noted having to recuse herself on this item due to a conflict of interest relating to her working relationship with Arris Architects; she exited the dais at 7:05pm. Assistant City Manager Johnson disclosed having not participated in anyway relating to the preparation, review or technical analysis of staff reports, he reported living over 2004ft from the project however in the interest of his neighbors he felt it best to recuse himself from this item and exited the dais at 7:07pm. Mayor Harmon noted having met with neighbors of the project, Tree Committee Members and both ARC and CHC Committee Members. Council Members Christianson, Gomez and Vice Mayor Rivoire reported having no Ex Parte Communications. Community Development Director Codron and Associate Planner Rachel Cohen provided an in-depth staff report with the help of a Power Point presentation and responded to Council questions. Community Development Director Codron noted that City Arborist Combs, Transportation Operations Manager Hudson, Utilities Deputy Director Hix and Richard Dalton of Rincon Consultants were all in attendance and available for questions if necessary. San Luis ObiVg-City Council Minutes of April 4 2017 Pae 9 Public Comments: Appellant: Pearl Kan, speaking on behalf of appellants, noted that the appellants are not asking the Council to violate state law regarding the Housing Accountability Act but rather the issue they are bringing forward to Council is the projects compliance and conformance with CEQA; she believes that a full environmental impact report is warranted in place of a Mitigated Negative Declaration Review. She spoke regarding designation of historical resources and the way they are distinguished on the master list. She stated that demolition is not preservation but rather an adverse impact. She noted the closure of Luneta Drive and differing impacts during its closure and opening. Appellant: Pearl Kan, appellant representative spoke regarding CEQA legal standards noting that evidence supports that significant impacts may occur in this project requiring an EIR and requested a hearing be held following the completion of an EIR. Applicant: Loren Riehl, he noted the hiring of an architecture historian and stated that the process began by looking at objective standards that applied, he added that consideration was taken for neighbors' concerns regarding low density, parking and traffic off Luneta and the attempts to design in a sensitive way. He noted adding 33 units including 4 rent restricted units for low income households with sustainable infill construction while preserving the Stanford House, he added that the project is consistent with all objective criteria noting that the designation by prior City Council is underutilized and blighted. Diane Hanna, Attorney at Law speaking on behalf of the applicant stated that CEQA is based on objective evidence, not argument, opinion or speculation; she stated that projects that follow the Secretary of Interior standards and guidelines shall be mitigated to a level of less than significant as is the case with this project; she stated the removal of the boxy rear additions improve the historic integrity of the house; adding that the established period of historic integrity ends in 1930; she clarified that the history of occupancy by Christine Jacobs does not qualify it as "Historical"; and stated that the project is in full conformance of the City tree regulations. Public Comments in Support of the Appeal: John Snetsinger, San Luis Obispo David Hafemeister, San Luis: Obispo Roberto Monge Allen Cooper, San Luis Obispo David Brodie, San Luis Obispo Peter Crough, San Luis Obispo Dan Matthews, San Luis Obispo Michael Jencks James Lopes Cheryl McLean. San Luis Obispo Bob Mourenza, San Luis Obispo Diana Schmiett Sandra Rowley, San Luis Obispo Jody Vollmer, San Luis Obispo Kathie Walker, San Luis Obispo San_ Luis Obispo City Council_ Minutes of April 4, 2017 Page 10 Kevin Rice, San Luis Obispo Mila Vujovich Le -Barre, San Luis Obispo Public Comments in Support of Denial of the Appeal: James Papp, Cultural Heritage Commission Member Michelle Tasseff, San Luis Obispo James Papp, San Luis Obispo, Cultural Heritage Commission Truitt Vance Victor Johnson Robert Nastase Farid Shahid, San Luis Obispo Steve Delmartini, San Luis Obispo Neither For or Against: Sandra Lakeman, San Luis Obispo, spoke about errors in the arborist report making their conclusions invalid, noting tree misidentifications and the inclusion of incorrect tree heights. ---End of Public Comment --- RECESS Council recessed at 8:49 p.m. and reconvened at 9:00 p.m., with all Council Members present except for Council Member Pease who was recused from this item. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 3-1-1 (HARMON NO) (PEASE RECUSED) to: Adopt Resolution 10787 (2017 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal filed by Teresa Matthews and Lydia Mourenza and thereby approving the rehabilitation, adaptive reuse, and repositioning of the Master List Historic Sandford House and the construction of a new 33 -unit, multi -family residential project, with a mitigated negative declaration of environmental review, as represented in the City Council agenda report and attachments dated April 4, 2017 (71 Palomar Avenue, APPL-0158-2017)," and upholding the Architectural Review Commission's approval of the project. Council Member Pease returned to the dais at 9:55 pm 17. RESOLUTION FORMALLY SETTING FORTH THE CITY'S CURRENT POLICIES AND PRACTICES RELATING TO FEDERAL IMMIGRATION ENFORCEMENT COOPERATION AND DECLARING SAN LUIS OBISPO AS A WELCOMING CITY TO ALL PERSONS, IRRESPECTIVE OF IMMIGRATION STATUS Police Chief Cantrell, City Attorney Dietrick, and Assistant City Manager Johnson, provided an in-depth staff report and responded to Council questions. San Luis Obispo City Council Minutes of April 4, 2017 Page 11 Public Comments: Jane Lehr, San Luis Obispo, spoke in support of the resolution hoping to ensure that immigrant residents can continue to participate in civic life without fear of unwarranted intervention. Don Hedrick, San Luis Obispo spoke in support of the President and rebuilding boarders. Michelle Tasseff, San Luis Obispo, spoke in support of the resolution. End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to: consider a Resolution 10788 (2017 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, formally setting forth the City's current policies and practices relating to federal immigration enforcement cooperation and declaring San Luis Obispo as a welcoming city to all persons, irrespective of protected characteristics or immigration status." As amended: 7th WHEREAS to read: the City of San Luis Obispo values families remaining together and opposes separation due to parents or personal immigration status; and 18. PUBLIC HEARING - TAX AND EQUITY FISCAL RESPONSIBILITY ACT (TEFRA) HEARING REGARDING THE _HOUSING AUTHORITY OF SAN LUIS OBISPO ISSUANCE OF TAX EXEMPT DEBT OBLIGATIONS TO FINANCE 36 AFFORDABLE HOUSING UNITS TO BE LOCATED AT 3175 VIOLET STREET Mayor Harmon reiterated that Item 18 was has been withdrawn at the request of the applicant and continued to a date uncertain and stated that the item will not be heard tonight. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon reported attending an Air Pollution Control District meeting, a homelessness and tiny house presentation, and went sailing on Laguna Lake with community members. ADJOURNMENT The meeting was adjourned to a Special City Council Meeting scheduled for Monday, April 10, 2017 at 10:00 a.m., 1:00 p.m., and 2:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purpose of conducting closed sessions to evaluate appointed officials. San Luis Obispo City Council Minutes of April 4- 2017 _ Page 12 A subsequent Special Joint City Council and Planning Commission Meeting is scheduled for Wednesday, April 12, 2017, at 6:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California, to discuss zoning code updates. The next Regular City Council Meeting is scheduled for Tuesday, April 18, 2017 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Carrie Gallagher City Clerk APPROVED BY COUNCIL: 06/06/2017