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Home My WebLink About10-01-2019 MinutesCoun ci l Minutes City Hall, 990 Palm Street, San Luis Obispo CALL TO ORDER Tuesday, October 1, 2019 Regular Meeting of the City Council A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 1, 2019 at time 5:30 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. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION A: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Michelle Kristoffersen v. City of San Luis Obispo; and Does 1-10, Inclusive; United States District Court for the Central District of California, Civil Action No. 2: l 9-cv-07369. ADJOURN AT 5:45 P.M. TO THE REGULAR MEETING OF TUESDAY, OCTOBER 1, 2019 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA. San Luis Obispo Pagel San Luis Obispo City Council Minutes of October 1, 2019 Page 2 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 1, 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 Terry Gilford led the Pledge of Allegiance. CITY ATTORNEY REPORT O N CLOSED SESSION A: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION City Attorney Dietrick stated that the Council met in closed session on one matter for existing litigation Kristoffersen vs. City of San Luis Obispo in the case of civil action #2: 19-cv-07369- V AP-SS by motion of Council Member Christianson and second by Vice Mayor Pease on a vote of 5-0 to approve a tentative settlement that has been filed with the court. City Attorney Dietrick reported out the terms of the settlement. A copy of the full settlement agreement is available in the City Clerk's office. 1. PROCLAMATIONS FIRE PREVENTION WEEK Mayor Harmon presented a Proclamation to Keith Aggson, Fire Chief, and Rodger Maggio, Fire Marshal, declaring October 6-12 , 2019 as "Fire Prevention Week." INDIGENOUS PEOPLES' DAY Mayor Harmon presented a Proclamation to Mona Olivas Tucker, Tribal Chair of yaktityutityuyaktilhini Northern Chumash Tribe of San Luis Obispo County and Region, and Wendy Ruiz Lucas, tribal member and Vice-President of YTTYT Preservation Kinship, declaring October 14, 2019 as "Indigenous Peoples' Day." San L uis Obj s po C it y Council M inut es of October 1, 2019 Page 3 INTRODUCTION 2. INTRODUCTION OF PARKS & RECREATION DIRECTOR -GREG AV AKIAN Assistant City Manager Shelly Stanwyck introduced Greg A vakian, the new Parks & Recreation Director. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Henry Seaborne Emily Cracknell Erin O'Neil Shannon Lucer Vidhi Patel Camelo Baltodano Emily Sincoff Allison Ryan Natalia Grondin Ainsley Longbrough Erin Denny Lisa Guy Brenda Lunceford Walter Cullison Robert Lucas Allen Root Lesley O'Connor Jeff El de Iman Ross Michel Jeffery Specht Dr. Steve Hansen Don Hedrick ---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 thru 7. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. DRAFT MINUTES REVIEW -SEPTEMBER 17, 2019 CIT Y COUNCIL MEE TING CARRIED 5-0, to approve the minutes of the City Council meeting held on September 17, 2019. San Luis Obispo City Council Minutes of October 1, 2019 Page4 5. 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION CARRIED 5-0, to authorize staff to submit an application for a 2019 Edward Byrne Memorial Justice Assistance Grant in the amount of $12,859 and authorize the City Manager to execute necessary grant documents and direct the appropriation of monies into the accounts required to administer and fulfill the obligations of the grant. 6. APPROVAL OF THE FINAL MAP FOR TRACT 3063 -PHASE 2, 3987 ORCUTT ROAD {FMAP 2005-2018) CARRIED 5-0, to adopt Resolution No. 11047 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3063 - Phase 2 (3987 Orcutt Road, FMAP-2005-2018)" and authorize the Mayor to execute a Subdivision Agreement and Private Access Drainage Easements. 7. APPROVAL OF THE FINAL MAP FOR TRACT 3113. 3063 ROCKVIEW PLACE {SBDV-1211-2017) CARRIED 5-0, to adopt Resolution No. 11048 (2019 Series) entitled, "A Resolution of the Council of the City of San Luis Obispo approving the Final Map for Tract 3113 (3063 Rockview Place, SBDV-1211-2017)," and authorize the Mayor to execute a Subdivision Agreement. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 8. PUBLIC HEARING: REVIEW OF APPEALS FILED BY DAMIEN MA VIS, APPLICANT. AND DAVID JOY, APPELLANT, CONCERNING THE PLANNING COMMISSION'S DECISION REGARDING PROPERTY LOCATED AT 1121 MONTALBAN Council Members Stewart, Gomez, and Vice Mayor Pease and Mayor Harmon reported having no Ex Parte Communications. Council Member Christianson also had no Ex Parte communication; however, she did attend the Planning Commission meeting where this project was discussed. Community Development Director Michael Codron and Associate Planner Kyle Bell provided an in-depth staff report and responded to Council questions. Thom Jess with Arris Studio, the Applicant's Architect, and Damien Mavis, Applicant, presented the applicant's reason for the appeal. David Joy, Appellant, presented a PowerPoint which provided the reason for his appeal. Public Comments: Amy Joy Ariel Larsen Mike Morales Brett Cross Don Hedrick ---End of Public Comment--- San Luis Obisp o City Council Minutes of October I, 2019 Page 5 RECESS Council recessed at 8:00 p.m. and reconvened at 8:12 p.m., with all Council Members present. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to adopt Resolution No. 11049 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, upholding the appeal of the applicant (APPL-0393-2019) to remove Condition No. 3 that Planning Commission added to restrict access to bedrooms to a single door rather than the proposed double doors; and denying the appeal of the appellant (APPL-0394-2019), thereby granting final approval of the development of a three-story mixed-use development consisting of 15 residential units and 430 square feet of commercial space. The project includes two Affordable Housing Alternative Incentive Requests for a density bonus of 97 .5 percent and Relief of Site Development Standards to allow ground floor residences within the first 50 feet of floor area adjacent to the street. The project is Categorically Exempt from Environmental Review. As represented in the staff report and attachments dated September 1 7, 2019" with the following changes: 1 7. Plans submitted for a building permit shall identify parking that is to be provided as "unbundled" to the approval o{the Community Development Director whose decision is not subiect to appeal. Unbundled parking shall be leased separately from the rental fees for dwelling units for the life of the dwelling units, such that potential renters have the option of renting a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. Renters of onsite inclusionary affordable units shall have an equal opportunity to rent a parking space on the same terms and conditions as offered to renters of other dwelling units. Prior to the issuance of the building permit, the applicant shall provide a Trip Reduction Plan to reduce vehicle trips to and from the property, the plan shall clearly identify the responsibility for monitoring and reporting the progress of the Trip Reduction Program to the satisfaction of the Community Development Director and the Transportation Division. The Trip Reduction Plan shall be clear on the performance measures and how they will be monitored/measured. To support the neighborhood compatibility and city-wide VMT reduction goals, applicant shall develop and implement a Car Free program to actively discourage car ownership, with special focus on tenants who choose not to lease on-site parking. The program will be integrated with the Trip Reduction Plan and will promote and support non-car transportation through education and possible incentives. STUDY SESSION ITEMS 9. STUDY SESSION ON SHARED BICYCLE SERVICES Assistant City Manager Shelly Stanwyck, Interim Transportation Manager Luke Schwartz and Active Transportation Manager Adam Fukushima provided an in-depth staff report and responded to Council questions. San Luis Obispo City Council Minutes of October 1, 2019 Public Comments: Brian Kragh Kylie Clark Thomas Arndt Lea Brooks Barry Rands George Hughes Bettina Swigger Gary Havas Eric Veium ---End of Public Comment--- Page 6 By consensus, Council directed staff to receive and file the presentation regarding shared bicycle services and provided the following direction: • Return to Council with a framework for a policy and request for proposals. • Would like to see a program model associated with getting funding for bike infrastructure. • Hybrid (docking and dock less) component seems most useful. • Pilot program with checking in at the six months point is important. • Stakeholders -Cal Poly, Cuesta, Downtown SLO, Mass Transit, and hotels • Program that includes e-bike, analog bikes and bikes that are geared to a variety of user-abilities (i.e., recumbent, bikes with baskets, and child seats). PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. 2018-19 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT {TBID) Deputy City Manager Greg Hermann, Tourism Manager Molly Cano and Bruce Skidmore, Tourism Business Improvement District Chair provided an in-depth staff report and responded to Council questions. Public Comments: Clint Pearce ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to receive and approve the TBID Board's 2018-19 annual report and adopt Resolution No. 11050 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, declaring its intention to continue the San Luis Obispo Tourism Business Improvement District, to continue the basis for and to levy the assessment for the district, and to set a date for the public hearing on the district and the assessment for 2019-20" at the same rate as in the fiscal year 2018-19. San Luis Obispo City Council Minutes of October 1. 2019 Page 7 11. CONSIDERATION OF THE PROPOSED RENEWAL OF THE SAN LUIS OBISPO COUNTY TOURISM MARKETING DISTRICT (SLOCTMD) Deputy City Manager Greg Hermann, Tourism Manager Molly Cano, Bruce Skidmore, TBID Chair and Chuck Davison, SLO CAL provided an in-depth staff report and responded to Council questions. Public Comments: Clint Pearce Noreen Martin ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY MAYOR HARMON, CARRIED 5-0 to: 1. Authorize the San Luis Obispo County Board of Supervisors to renew the SLOCTMD inclusive of lodging properties within the City of San Luis Obispo to be funded by a 1.5% gross room rent assessment for a term of ten years and based on support from properties representing over 50% of taxable rents in the City of San Luis Obispo; and 2. Adopt Resolution 11051 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, granting consent to the County of San Luis Obispo to renew the San Luis Obispo County Tourism Marketing District" within the City of San Luis Obispo, to be funded by a 1.5% gross room rent assessment. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Vice Mayor Pease reminded everyone about "Walk to School Day" tomorrow, October 2, 2019. She attended the State of the State put on by the Chamber of Commerce and the quarterly SCLC group meeting. Mayor Harmon indicated that she attended the Senior Officials Emergency Preparedness training and the Air Pollution Control District meeting. Council Member Stewart thanked the SLO Chamber of Commerce for putting on the State of the State presentation. She attended the Women's Legacy Fund luncheon, County of San Luis Obispo Citizen Planning Academy, and the State of Diversity at Cal Poly. ADJOURNMENT The meeting was adjourned at 11 :08 p.m. The next Regular City Council Meeting is Tuesday, October 22, 2019 at 5 :30 p.m., and 6:00 p.m. in the Council Hearing Room, and Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 10/22/2019 Teresa Purrington City Clerk