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HomeMy WebLinkAbout02-05-2019 Item 2 - Minutes 1-8-19 1-9-19 1-15-19 1-23-19 San Luis Obispo Page 1 Tuesday, January 8, 2019 Rescheduled Regular Meeting of the City Council CALL TO ORDER A Rescheduled Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 8, 2019 at 6:00 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, Erica A. Stewart, Vice Mayor Andy Pease and Mayor Heidi Harmon Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, 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 Go mez led the Pledge of Allegiance. PRESENTATIONS 1. INTRODUCTION - SLO CHAMBER OF COMMERCE CEO Charlene Rosales, Economic Development Manager, introduced the new CEO for the Chamber of Commerce, Jim Dantona. 2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2019 City Clerk Purrington presented the contents of the report. Public Comment : None ---End of Public Comments--- Packet Pg. 9 Item 2 San Luis Obispo City Council Agenda January 8, 2019 Page 2 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Council Liaison Subcommittee assignments for the calendar year of 2019. By consensus the Council agreed to have the Mayor and Vice Mayor reach out to the School Board to see if they would be interested in having some sort of liaison relationship with the City Council and report back to Council the outcome. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Lionel Dennis Johnston Luke Dunn ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to approve Consent Calendar Items 3, 4, 6 and 7. Public Comment : Item #5 - John Ewan Item #6 - Lea Brooks Item #5 – Carolyn Huddleston ---End of Public Comment --- 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5 – 0 to waive reading of all resolutions and ordinances as appropriate. 4. MINUTES OF THE NOVEMBER 27, 2018, DECEMBER 3, 2018 AND DECEMBER 4, 2018 COUNCIL MEETINGS CARRIED 5 – 0 to approve the Minutes of the City Council meetings of November 27, 2018, December 3, 2018 and December 4, 2018. 5. ORDINANCE ADOPTION - COMPREHENSIVE ZONING REGULATIONS FOLLOW-UP ITEMS ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to reintroduce the Ordinance with the following new condition to Section E1: h. Energy Efficiency. Applications submitted for tiny houses shall demonstrate that the tiny home has been constructed to exceed ANSI energy standards through one of the following methods: i. Include insulation with values of R13 for the walls and R19 for the floor and ceiling; or Packet Pg. 10 Item 2 San Luis Obispo City Council Agenda January 8, 2019 Page 3 ii. Ensure that the stud/joist/rafter space in the walls, floors and ceiling are completely filled with insulation. 6. APPROVAL OF FINAL MAP FOR TRACT 2428-3 (3000 CALLE MALVA) CARRIED 5 – 0 to adopt a Resolution entitled, “A Resolut ion of the City Council of the City of San Luis Obispo, California, Approving the Final Map for Tract 2428 -3 (3000 Calle Malva, Tr 121-13),” and authorizing the Mayor to execute a Subdivision Agreement and a Conservation Easement. 7. TRANSIT - AUTOMATIC VEHICLE LOCATION SYSTEM PURCHASE CONTRACT AMENDMENT CARRIED 5 – 0 to: 1. Amend the Transit Automatic Vehicle Locator (AVL) Replacement CIP Budget (2017-19 Financial Plan) by: a. Appropriating $11,492 in additional Proposition 1B for the project; and b. Programming $45,000 in unappropriated Transit Fund working capital for the local match on the project. 2. Authorize the City Manager to execute a contract amendment with First Transit Inc., not to exceed $373,000 for the purchase of an AVL System as proposed PUBLIC HEARING AND BUSINESS ITEMS 8. PUBLIC HEARING - 2017 TRAFFIC SAFETY AND OPERATIONS REPORT Public Works Director Daryl Grigsby, Transportation Manager Jake Hudson and Transportation Planner Jennifer Rice provided an in-depth staff report and responded to Council questio ns. Public Comments: None ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to receive the 2017 Traffic Safety and Operations Report and approve the recommended traffic safety measures. 9. 2019 LEGISLATIVE PLATFORM City Attorney Christine Dietrick provided an in-depth staff report and responded to Council questions. Public Comments: None Packet Pg. 11 Item 2 San Luis Obispo City Council Agenda January 8, 2019 Page 4 ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to appoint Vice Mayor Pease and Council Member Christianson to an ad ho c committee to work with staff to review and revise the legislative platform and return to City Council at the March 5th meeting and to continue under the current legislat ive platform until the revised document is approved. STUDY SESSION ITEMS 10. FACILITIES MASTER PLAN Public Works Director Daryl Grigsby and Senior Civil Engineer Mike McGuire provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment --- By consensus, Council directed staff to receive and file the new Facilities Master Plan for the City of San Luis Obispo . LIAISON REPORTS AND COMMUNICATIONS Mayor Harmon indicated that the Sierra Club requesting the Council to adopt a Resolution opposing trucking oil through San Luis Obispo. By consensus the Council directed staff to prepare the resolution. Mayor Harmon indicated she met with the Mayor and staff of the City of Portland and received a tour of their infrastructure. Vice Mayor Pease attended a Zone 9 meeting. ADJOURNMENT The meeting was adjournment at 9:36 P.M. The next Closed and Regular City Council Meetings are scheduled fo r Wednesday, January 9, 2019 at 12:30 p.m. and Tuesday, January 15, 2019 at 6:00 p.m., respectively, in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. Packet Pg. 12 Item 2 San Luis Obispo Page 1 Wednesday, January 9, 2019 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Wednesday, January 9, 2019 at 12:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Carlyn Christianson, Erica Stewart, Vice Mayor Andy Pease and Mayor Heidi Harmon Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Packet Pg. 13 Item 2 San Luis Obispo City Council Minutes of January 9, 2019 Page 2 Unrepresented Confidential Employees B. 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 the following: A July 20, 2018 letter from Orcutt Associates, LLC’s attorney threatening litigation regarding the City’s compliance with Reimbursement Agreement dated November 20, 2007 and amended in July 22, 2011. A copy of the July 20, 2018 letter is on file with the City Clerk’s office. C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Sub Corporation, LTD, and Square Deal Recordings & Supplies, Inc. v. City of San Luis Obispo; City of San Luis Obispo Fire Department; and Does 1 through 20; San Luis Obispo Superior Court Case No. 18CV-0782 CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated The Council authorized the City Attorney to defend against the litigation, once properly served on the City, in the case of Sub Corporation, LTD and Square Deal Recordings & Supplies, Inc. v. City of San Luis Obispo; City of San Luis Obispo Fire Department; and Does 1 through 20; San Luis Superior Court Case No. 18CV-0782. The case alleges inverse condemnation against the City based on allegations of a City policy of employing inappropriate and/or ineffective fire suppression protocols resulting in the loss of real and personal property of plaintiffs. The City Council authorized the defense with all members participating on a vote of 5 - 0. ADJOURNMENT The meeting was adjourned at 1:00 p.m. Adjourn to a Special Joint City Council and Citizens’ Revenue Enhancement Oversight Commission Meeting to be held on Tuesday, January 10, 2017 at 6:30 p.m., at the Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo, California for the purposes of holding a Community Forum to discuss the 2017-19 Goal-Setting and Budget Process. The next Regular City Council Meetings are scheduled for Tuesday, January 17, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo , California. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg. 14 Item 2 San Luis Obispo Page 1 Tuesday, January 15, 2019 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, January 15, 2019 at 6:00 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, Erica A. Stewart, Vice Mayor Andy Pease and Mayor Heidi Harmon Council Members Absent: None City Staff Present: Derek Johnson, Cit y Manager; Christine Dietrick, City Attorney; and Teresa Purrington, 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 Stewart led the Pledge of Allegiance. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Wendy Wendt Shana Paulson David Brodie Adrienne Harris ---End of Public Comment --- CONSENT AGENDA Public Comments: Andrew Christie – Sierra Club - Item 7 Mary Ciosinki – Item 7 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE Packet Pg. 15 Item 2 San Luis Obispo City Council Minutes of January 15, 2019 Page 2 MAYOR PEASE, CARRIED 5-0 to approve Consent Calendar Items 1, 2 and 4 thru 7. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 4-0-1 (Council Member Stewart RECUSED) to approve Consent Calendar It em 3. ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Item 8. 1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all reso lutions and ordinances as appropriat e. 2. REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE NATHANIEL BREW HOME (A MASTER LIST RESOURCE) CARRIED 5-0, adopt a Resolution entitled, “A R esolution 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 Nathaniel Brew Home at 771 Buchon Street.” 3. APPROVAL OF THE FINAL MAP FOR TRACT 3044, 3725 ORCUTT (TR 137-11) COUNCIL MEMBER STEWART recused herself from this item since she owns property in the area. CARRIED 4-0-1, adopt a Resolution entitled, “A Resolution of the City Council of t he City of San Luis Obispo, California, approving the final map for Tract 3044 (3725 Orcutt Road, TR 137-11).” 4. 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING RESERVATION LETTER CARRIED 5-0, authorize the Community Development Director to execute the Reservation Letter authorizing the City to reserve the total allocation of 2019 Community Development Block Grant funds for Housing/Public Facilities/Economic Development projects, estimated in t he amount of $294,899, to the Housing Authority of San Luis Obispo and the San Luis Nonprofit Housing Corporation for property acquisition of an existing home for housing special needs households that are either homeless or at risk of becoming homeless. 5. 2018 WATER RESOURCES STATUS REPORT CARRIED 5-0, receive and file the 2018 Water Resources Status Report. 6. FY 2017-18 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES UNDER AB1600 CARRIED 5-0, adopt a Resolutio n entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2017-18 annual report on development impact fees reaffir ming the necessity of development impact fees and make findings of development impact fees and make findings related to impact fee balances and in-lieu fees.” Packet Pg. 16 Item 2 San Luis Obispo City Council Minutes of January 15, 2019 Page 3 7. CONSIDER OPPOSING PLANS TO TRUCK OIL THROUGH SAN LUIS OBISPO COUNTY AND TO BUILD AN OIL PIPELINE NEAR AND THROUGH SAN LUIS OBISPO COUNTY CARRIED 5-0, ado pt a Resolution entit led, “A Resolution of the City Council of the City of San Luis Obispo, Ca lifor nia, opposing a proposal to truck offshore oil along Santa Barbara, San Luis Obispo, and Kern County highways and to oppose a proposal to build a coastal oil pipeline servicing aging offshore drilling platforms.” 8. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF MORRO BAY FOR SHARING POLICY BOARD, OPERATIONS BOARD, AND COMMUNITY ADVISORY COMMITTEE SEATS ON MONTEREY BAY COMMUNITY POWER CARRIED 5-0, to: 1. Approve the draft Memorandum of Understand ing (MOU) with the City of Morro Bay for sharing Policy Board, Operat ions Board, and Community Advisory Committee seats on Monterey Bay Community Power; and 2. Authorize the City Manager to execute the MOU in a form subject to approval of the City Attorney’s Office. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 9. PUBLIC HEARING - REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A USE PERMIT FOR A NEW FOUR- STORY MIXED-USE PROJECT LOCATED AT 790 FOOTHILL BLVD Co uncil Members Christianson, Gomez, and Stewart, Vice Mayo r and Mayor Harmon reported having no Ex Parte Communications. Community Development Director Michael Codron and Associate Planner Rachel Cohen provided an in-depth staff report and responded to Council questions. Public Comments: James Lopes – Foothill Blvd Civic Defense Loren Reihl, Applicant Garrett Otto Tom Brown Bob Mourenza Jeremy Glavin Allan Cooper Dave Hannings Anne Hodges Mila Vujovich-LaBarre Dawn Ortiz-Legg Grant Robbins ---End of Public Co mment--- Packet Pg. 17 Item 2 San Luis Obispo City Council Minutes of January 15, 2019 Page 4 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to adopt a Resolution entitled, “A Reso lution of the City Council of the City of San Luis Obispo, California, denying an appeal (filed by Foothill Blvd Civil Defense) approving a density bonus and waivers of development standards, and the use permit approval for a new four-story mixed-use project with 6,800 square feet of ground floor commercia l/retail space, 78 residentia l units, and 155 parking spaces with a request for mechanical parking lifts and expanded hours of operation for the commercial spaces with a categorical exempt ion from environmental review, as represented in the City Council agenda report and attachments dated January 15, 2019 (790 Foothill Blvd., APPL- 1971-2018) With the following added Condition: 14. Applicant agrees to provide additional improvements to public facilities in excess of otherwise applicable project requirements in an amount not to exceed $150,000, which may to include, but not limited to, one or more of the following: a. One Additional Street Light beyond the Project Frontage on Foothill between Broad & Ferrini. b. One Additional St reet Light beyond the Project Frontage on Foothill between Chorro & Santa Rosa c. Expand undergrounding of overhead utilities on Chorro d. Implement Safe Routes to School Plan Project of Green Bike Lanes Across Driveways beyond Project Frontage on Foothill between Broad & Ferrini e. Initiate Parking Permit District Process in vicinity & If approved fund first year of permit costs. f. Decorative Brick Pavers in the Hig h Visibility Crossings. g. Painting Signal Poles Dark Green W/ Decorative Bases. In the event Applicant is required to defend against any legal challenge to any project approval, Applicant shall be relieved of any obligations agreed to as part of this condit ion. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon indicated she attended the quarterly Mayor’s Advisory Body meeting and the San Luis Coastal Common Ground meeting, Vice Mayor Pease attended the Latino Outreach Council meeting. ADJOURNMENT The meeting was adjourned at 8:49 p.m. The next Regular City Council Meeting is scheduled for Tuesday, February 5, and will be held in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington, City Clerk APPROVED BY COUNCI L: XX/XX/2019 Packet Pg. 18 Item 2 San Luis Obispo Page 1 Wednesday January 23, 2019 Joint City Council and Citizens’ Revenue Enhancement Oversight Commission (REOC) Special Meeting CALL TO ORDER A Joint City Council and Citizens’ Revenue Enhancement Oversight Commission (REOC) Special Meeting was called to o rder on Wednesday January 23, 2019 at 6:08 p.m. in the Veteran’s Memorial Building, located at 801 Grand Ave, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez and Erica A. Stewart, Vice Mayor Andy Pease, and Mayor Heidi Harmon Commissioners Jeannette McClure, Michael Multari, and Winston Newland, Vice Chair Ken Kienow, and Chair Christopher Coates Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Assistant City Manager; and Teresa Purrington, 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 Car lyn Christianson led the Pledge of Allegiance. WELCOME Don Maruska provided welcoming remarks and included that tonight’s meeting is a joint meeting with the Revenue Enhancement Oversight Commission as it is an opportunity to provide feedback on the use of the Local Revenue Measure and act as the Annual Citizen Oversight Meeting. Packet Pg. 19 Item 2 San Luis Obispo City Council Minutes of January 23, 2019 Page 2 2019-21 FINANCIAL PLAN PROCESS AND FISCAL OUTLOOK Mayor Harmon, Derek Johnson, City Manager and Brigit te Elke, Finance Director presented the PowerPoint on the 2019-21 Financial Plan process and fiscal outlook. OPEN HOUSE/WORKSHOP Mayor Harmon called upon Don Maruska, facilitator, to review the approach for tonight’s community forum. All attending participants were provided with an opportunity to “Express their thoughts with dots!” by applying green sticker dots to posters for their five top priorities for general fund expenditures and to complete a survey ranking the priorities for Measure G expenditures. PUBLIC COMMENT During the public comment period, members of the public provided input on the issues and goals that were priority to them. Public comments were grouped into the following categories: Allan Cooper Downtown Vitality Bett ina Swigger – Downtown Vitality Biz St einberg – Housing and Addressing Homelessness Elaine Mansoor – Housing and Multi Modal Luke Dunn – Addressing Homelessness Eric Veium – Climate Action Barr y Rands – Climate Action Janine Rands – Climate Action Dean Miller – New Ideas – Historic Preservation – Adobes Peggy Rodriguez – Fiscal Sustainability – Historic Preservation Molly Kern – Housing, Multi-Modal Transportation and Fiscal Sustainability Lea Brooks – Multi-Modal Transportation Scott Cleere – New Ideas – Lighting tennis courts at Sinsheimer Park Cynthia Lee – New Ideas – SLOPD funding for Detective Jasmine Fashami -New Ideas – Increase lighting in residential areas ADJOURNMENT The meeting was adjourned at 8:18 p.m. To a Special City Council Meeting scheduled for Monday, February 4, 2019 at 5 p.m., to be held in the Council Chamber, 990 Palm Street, San Luis Obispo, California. The next Regular City Council Meeting is scheduled for Tuesday, February 5, 2019, to be held in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington, City Clerk APPROVED BY COUNCIL: Packet Pg. 20 Item 2