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Home My WebLink About10-17-2017 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, October 17, 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, October 17, 2017 at 3:30 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 Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Jon Ansolabehere, Assistant City Attorney; Shelly Stanwyck, Parks and Recreation Director, Robert A. Hill, Natural Resources 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 COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- CLOSED SESSION A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: San Luis Obispo County APNs 070-241-013; 070-271-013; 073-321-008; 073-341-003; 073-341-029; 073-341-034; 073-341-036; 073-341-037 San Luis Obispo Page I San Luis Obispo City Council Minutes of October 17 2017 Page 2 Agency Negotiators: Derek Johnson, City Manager; J. Christine Dietrick'City Attorney Jon Ansolabehere, Assistant City Attorney Shelly Stanwyck, Parks and Recreation Director Robert A. Hill, Natural Resources Manager Negotiating Parties: Gabriel Miossi Kathy Henderson Sam Garkovich Dell Hemingway for Miossi Brothers La Cuesta Ranch, Inc. Under Negotiation: Price and terms of payment ADJOURNED AT 3: 55 PM TO THE REGULAR MEETING OF OCTOBER 17, 2017 TO BEGIN AT 4:00 PM IN THE COUNCIL CHAMBER San Luis Obispo City Council Minutes of October 17, 2017 Page_3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 17, 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: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION 1. PRELIMINARY RESULTS OF THE CAPITAL FACILITIES FEE PROGRAM NEXUS STUDY AND THE WATER AND WASTEWATER CAPACITY AND CONNECTION FEE PROGRAM STUDY: STUDY SESSION Community Development Director Michael Codron and EPS, Inc Consultants Ashleigh Kanat and Teifion Rice -Evans provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Mayor Harmon exited the dais at 4:25 pm, she returned to the dais at 4:27 pm. Public Comments: Andrew Hacklemann C.M. Florence Stephen Peck, representing Planning Development Charlene Rosales, SLO Chamber of Commerce Brian Schwartz Marshall Ochylski Arryn Abbott, representing Robbins Reed ---End of Public Comment--- San Luis Obispo City Council Minutes of October 17, 2017 Page 4 By consensus, Council did the following: 1. Participated in a study session and received a presentation on the preliminary results of the Capital Facilities Fee Program Nexus Study and the Water and Wastewater Capacity and Connection Fee Program Study; and 2. Received public input and provided guidance to staff regarding fee options; and 3. Directed staff to return on November 7, 2017, with applicable ordinances and resolutions to implement the updated Capital Facilities Fee Program as directed by City Council. ADJOURNED AT 5:45 PM TO THE REGULAR MEETING OF OCTOBER 17, 2017 TO BEGIN AT 6:00 PM CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 17, 2017 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, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; 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 Pease led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session Item A PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA David Brodie Kit Gould Jan Marx Sandra Marshall Harry Busselen John Ashbaugh San Luis Obispo City_ Council_ Minutes ,of -October 17, 2017 Page 5 Cheryl McLean ---End of Public Comment --- CONSENT AGENDA Council Member Gomez reported his recusal of this item due to a current business relationship with the project applicant and exited the dais at 6:27 pm he returned and took his seat on the dais at 6:36 pm. ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 2 thru 3 and 5 thru 7. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0 (GOMEZ RECUSED) to approve Consent Calendar Item 8. ITEM 4 WAS CONTINUED TO THE OCTOBER 24, 2017 COUNCIL MEETING. THE PUBLIC COMMENT PERIOD HAS BEEN EXTENDED UNTIL OCTOBER 24TH. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, waive reading of all resolutions and ordinances as appropriate. 3. MINUTES OF AUGUST 15, 2017 SEPTEMBER 25 2017 AND OCTOBER 3 2107 CARRIED 5-0, to approve the minutes of the City Council meetings of August 15, 2017, September 26, 2017 and October 3, 2017. 4. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT This item was continued to the October 24th City Council meeting. The public comment period has been extended until October 24th. Recommendation: Adopt a Resolution entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Mitigated Negative Declaration for the Laguna Lake Dredging and Sediment Management Project." 5. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2707 953 ORCUTT, TR 151-03) CARRIED 5-0, adopt Resolution No. 10837 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the public improvements, certifying completion of the private improvements, and authorizing release of the securities for Tract 2707 (953 Orcutt Road, TR 151-03)." San Luis Obispo City Council Minutes of October 17 2017 Page 6 6. CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES) HAZARD MITIGATION GRANT APPLICATION CARRIED 5-0, 1. Authorize City staff to prepare and submit a grant application to State of California Office of Emergency Services for Flood Hazard Mitigation; and 2. Adopt Resolution No. 10838 (2017 Series) entitled "A Resolution of the City of San Luis Obispo, California, regarding Hazard Mitigation Grant Program and Pre -Disaster Mitigation Program;" and 3. Authorize the City Manager to approve an amount not to exceed $75,000 for the preparation of the application; and 4. Authorize the City Manager or designee to execute any other required grant application documentation. 7. MARGARITA LIFT STATION REPLACEMENT PROJECT AWARD] SPECIFICATION NO. 91214A CARRIED 5-0, Award a contract to Specialty Construction, Inc. in the amount of $1,290,215 for the Margarita Lift Station Replacement Project, Specification No. 91214A. Council Member Gomez reported his recusal of this item due to a current business relationship with the project applicant. 8. ADOPTION OF A RESOLUTION DENYING, IN PART, AND UPHOLDING, IN PART. AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY A REQUEST TO MODIFY APPROVED COLORS AND BUILDING DESIGN FOR A REMODELED BUILDING AT 1135 SANTA ROSA STREET Public Comments: Ben Kulick, Applicant Richard Beller ---End of Public Comment --- CARRIED 4-0, (GOMEZ RECUSED) adopt Resolution No. 10839 (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 Architectural Review Commission's decision to deny a request to modify approved colors and building design for a remodeled building, and directing that an alternative modification to colors or design be considered by the Architectural Review Commission for final decision. (1135 Santa Rosa Street, APPL-1070-2017)" San Luis Obispo City Council Migutes of October 17, 2017 llagc 7 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 9. 2016-17 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TB1D) Tourism Manger Molly Cano and Sands Inn & Suites, General Manager, Matthew F. Wilkins provided an in-depth staff report with the use of a Power Point presentation, and responded to Council questions. Public Comments: None ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. Receive and approve the Tourism Business Improvement District (TBID) Board's 2016- 17 annual report; and 2. Adopt Resolution No. 10840 (2017 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 2017-18" at the same rate as in the fiscal year 2016-17. 10. PUBLIC HEARING - PILOT PROGRAM FOR WINTER OPEN SPACE HOURS OF USE Parks and Recreation Director Shelly Stanwyck, and Natural Resource Manager Robert Hill provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Sara Von Schwind Connor Culhane Greg Bettencourt Jan Marx Sandra Marshall Cheryl McLean, opposes program John Ashbaugh Phil Ashley Kathleen O'Neill Mary Ciesinoki, ECOSLO Dale Stoker Camille Small San Luis Obispo CityCouncil Minutes of October 17. 2017 Page 8 Harry Busselen Mila Vujovich — LaBarre Diana Scamiett Lisa Hall John Madonna ---End of Public Comment RECESS Council recessed at 8:30 p.m. and reconvened at 8:43 p.m., with all Council Members present. Recommendation: 1. Pursuant to prior Council direction, receive a staff presentation on a proposed two-year pilot program to extend the hours of use of the Cerro San Luis Natural Reserve when daylight savings time is not in effect; and 2. Adopt a Resolution entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Mitigated Negative Declaration for a pilot program for winter open space hours of use." ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 3-2 (CHRISTIANSON, NO) (PEASE, NO) to: Continue this item to a date uncertain. The public comment period was previously extended until October 24th. 11. PUBLIC HEARING - WATER AND WASTEWATER CAPACITY AND CONNECTION FEES Utilities Director Carrie Mattingly, Utilities Deputy Director Arron Floyd, Utilities Projects Manager Jennifer Metz, and HDR Engineering, Inc. Consultant Shawn Koorn provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None End of Public Comment --- By consensus, item was received and Council approved item be continued and brought back In Connection with AB 1600 Fees. 1. Consider options for water and wastewater capacity and connection fees; and 2. Adopt Resolution No. 10841 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, Amending Water and Wastewater Capacity and San Luis_ Obispo City Council Minutes of October 17, 2017 _ Page 9„ Connection Fees," selecting option 2 for water and option 4 for wastewater effective January 1, 2018. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease reported attending the Latino Outreach Council and the rail road museum event. Vice Mayor Rivoire reported attending the SLOCOG meeting and noted positive feedback. Mayor Harmon reported attending Indigenous People Day Sunrise Ceremony, the rail road museum event and noted hosting the Mayor's Advisory Body Quarterly Report. ADJOURNMENT The meeting was adjourned at 9:41 p.m. Adjourn to a Special City Council Meeting to be held on Tuesday, October 24, 2017 at 6:00 p.m. in the Council Chamber, 990 Palm Street San Luis Obispo, California. The next Regular City Council Meeting is scheduled for Tuesday, November 7, 2017 at 4:00 p.m., and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Carrie Gallagher City Clerk APPROVED BY COUNCIL: 11/21/2017