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HomeMy WebLinkAbout05-17-2016 Action Update Action Update Tuesday, May 17, 2016 4:00 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx Mayor Jan Marx announced she would recuse herself from Item #1 due a potential conflict of interest (business interest). Mayor Marx left the dais at 4:02 p.m. Vice Mayor Carpenter presided. Council Member Ashbaugh arrived at 4:05 p.m. PUBLIC HEARINGS 1. CONSIDERATION OF A NEW RESIDENTIAL SUBDIVISION (VESTING TENTATIVE TRACT MAP #3083) LOCATED AT ORCUTT AND TANK FARM ROADS IN THE ORCUTT AREA SPECIFIC PLANNING AREA (OASP) AND CONSIDERATION OF AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS-MND), AS A TIER OFF THE OASP FINAL EIR (2010) (WEST CREEK) MOTION: BY COUNCIL MEMBER CHRISTIANSON, SECONDED BY COUNCIL MEMBER RIVOIRE, CARRIED 4:0:1 (MARX RECUSED) to: 1. Adopt Resolution No. 10714 (2016 Series), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a mitigated negative declaration of environmental determination for Vesting Tentative Tract Map No. 3083 creating 77 lots for property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083 a.k.a. “West Creek.”; and 2. Adopt a Resolution No. 10715 (2016 Series), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving Vesting Tentative Tract Map No. 3083 creating 77 lots for property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083 a.k.a. “West Creek.” as amended (Condition 112 modified). San Luis Obispo City Council Action Update May 17, 2016 Page 2 Provide direction, as follows: 3. To be considered by the Architectural Review Commission during Final Design Review of the project as follows: a. Consider prohibiting a swimming pool as part of the project; and, b. Provide special attention to reducing heights of retaining walls in the final design. Mayor Marx returned to the dais at 5:08 p.m. Council adjourned to Closed Session. There were no public comments on the Closed Session agenda. CLOSED SESSION PUBLIC COMMENT ON CLOSED SESSION ITEM A. 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 allegations by the group California River Watch in a letter to the City from its counsel, Jack Silver, that the City has committed violations of the Clean Water Act. A copy of the letter is available upon request from the City Clerk’s Office. ADJOURN TO REGULAR MEETING OF MAY 17, 2016 TO BEGIN AT 6:00 P.M. 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Vice Mayor Carpenter San Luis Obispo City Council Action Update May 17, 2016 Page 3 CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Christine Dietrick announced that there were no reportable actions from the Closed Session. Mayor Marx announced that the Update has been moved to a date uncertain as the presenter has become ill. Staff will work with Cal Poly to make sure the information that was to be discussed tonight is made available to the public on the City’s website. INTRODUCTIONS 2. INTRODUCTION OF NEW HIRES IN COMMUNITY DEVELOPMENT Community Development Director Codron introduced the following employees:  Rebecca Cox, Supervising Administrative Assistant  Elizabeth Farrington, Code Enforcement Technician II  Paula Frojae, Building Inspector I  Gary McNanna, Code Enforcement Technician II  John Mezzapesa, Code Enforcement Officer I PRESENTATIONS 3. MAYOR'S AWARDS FOR COMMUNITY SERVICE Mayor Marx and Council Members presented the Mayor's Awards for Community Service to San Luis Obispo High School students for completing eighty hours or more of community service. 4. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK Public Works Director Daryl Grigsby and Utilities Director Carrie Mattingly accepted the proclamation declaring May 15-21, 2016 as "National Public Works Week." Public Works Director Grigsby introduced new or promoted employees. 5. PRESENTATION BY COURTNEY KIENOW REPRESENTING CAL POLY, REGARDING AN UPDATE ON CAL POLY INFRASTRUCTURE PROJECTS Mayor Marx announced that the Update has been moved to a date uncertain as the presenter has become ill. Staff will work with Cal Poly to make sure the information that was to be discussed tonight is made available to the public on the City’s website. San Luis Obispo City Council Action Update May 17, 2016 Page 4 PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA There were 18 speakers who spoke on items not on the agenda. CONSENT AGENDA Council Member Ashbaugh pulled Items #8 and 12. MOTION: BY COUNCIL MEMBER ASHBAUGH, SECONDED BY COUNCIL MEMBER RIVOIRE, CARRIED 5:0 to approve the consent calendar, Items 1-20 and 22; with the exception of items #8 and 12. 6. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate. Approved 5:0 7. MINUTES OF MARCH 15, MARCH 22, AND MARCH 23, 2016 Approve the Minutes of the City Council meetings of March 15, March 22, and March 23, 2016. Approved 5:0 8. NOVEMBER 8, 2016 REGULAR MUNICIPAL ELECTION This item pulled by Council Member Ashbaugh for question regarding language in draft resolution. Staff explained. MOTION BY COUNCIL MEMBER ASHBAUGH, SECONDED BY COUNCIL MEMBER RIVOIRE CARRIED 5:0 to adopt the Resolutions and confirm the setting of a Special Meeting on Thursday, December 1, 2016 at twelve o’clock noon. 1. Adopted Resolution No. 10716 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016, for the election of certain officers as required by the provisions of the City Charter and adopting regulations for Candidates’ Statements.”; and 2. Adopted a Resolution No. 10717 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, requesting the San Luis Obispo Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 8, 2016, with the Statewide General Election to be held on that date.”; and San Luis Obispo City Council Action Update May 17, 2016 Page 5 3. Confirmed the setting of a Special Meeting on Thursday, December 1, 2016 at twelve o’clock noon to adopt a Resolution certifying the results of the election and to administer oaths of office to the newly elected Mayor and Council Members. 9. 2016 U.S. DOJ FEDERAL BODY WORN CAMERA PROGRAM EXPANSION AND IMPLEMENTATION GRANT 1. Authorize staff to pursue a grant application submitted to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, for federal fiscal years 2016-2018 in a total amount not to exceed $150,000, with the City providing a 50% match (no more than $75,000) for body worn camera program expansion and implementation; and 2. Authorize the City Manager to execute the necessary grant documents, and appropriate the grant amount into the Police Department’s budget upon grant award. Authorized 5:0 10. DESIGN SERVICES FOR CALLE JOAQUIN LIFT STATION REPLACEMENT, SPEC. NO. 91133, CONTRACT AMENDMENT NO. 5 1. Approve a contract amendment of $13,089 for additional Design Services for the Calle Joaquin Siphon and Lift Station Replacement, Spec. No. 91133; and 2. Adopt Resolution No. 10718 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a mitigated negative declaration of environmental impact for the Calle Joaquin Lift Station and Siphon Project.” Approved and Adopted 5:0 11. AMENDMENT OF CONTRACT FOR CONSULTING SERVICES TO CONTINUE PROCESSING THE SAN LUIS RANCH PROJECT Authorize the Community Development Director to amend a contract with John F. Rickenbach Consulting to include revised scope of work adding an additional $85,725 at a total cost not to exceed $146,475 for Phase Two processing of the San Luis Ranch project. Authorized 5:0 San Luis Obispo City Council Action Update May 17, 2016 Page 6 12. ORDINANCE NO. 1629 (SECOND READING) - AMEND TABLE 9 OF SECTION 17.22.010 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC PLAN AREA (SLO BREW) This item pulled by Council Member Ashbaugh to vote No and to note need for correction on pg 257 (correction of a minor typographical error). MOTION BY COUNCIL MEMBER RIVOIRE, SECONDED BY MAYOR MARX, CARRIED 4:1 (ASHBAUGH VOTING NO) to: Adopted Ordinance No. 1629 (2016 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City’s Municipal Code (Zoning Regulations) conditionally permitting a night club land use within the Business Park (B-P) Zone in the Airport Area Specific Plan Area (Code-1316- 2015)”, as amended to correct a minor typographical error. 13. DIRECTED GIVING CAMPAIGN – “MAKE CHANGE COUNT” METER DONATION PROGRAM Approve a permanent continuance of the “Make Change Count” meter donation program. Approved 5:0 14. REQUEST FOR PROPOSALS FOR BANKING SERVICES Approve the issuance of a Request for Proposals (RFP) for banking services to be sent to all bank and savings and loan institutions with full-service branches located in the City of San Luis Obispo. Approved 5:0 15. MAINTENANCE WORK JOB ORDER CONTRACT 2016, SPECIFICATION NO. 91446 1. Approve Special Provisions for Maintenance Work Job Order Contract 2016, Specification No. 91446; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract to the lowest responsible bidder. Approved and Authorized 5:0 San Luis Obispo City Council Action Update May 17, 2016 Page 7 16. AMENDMENT TO CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH MNS ENGINEERS FOR LOS OSOS VALLEY ROAD AT US 101 INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821 Authorize the City Manager to execute Amendment No. 3 to the Construction Management Services Agreement with MNS Engineers, dated July 1, 2014, increasing the contract by $175,806, bringing the total contract allowable monthly cumulative payments from $2,650,224 to $2,826,030 for the remainder of the contract. Authorized 5:0 17. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2016 PROJECT, SPECIFICATION NO. 91445 1. Approve Plans and Specifications for the Community Development Block Grant (CDBG) Curb Ramps 2016 Project, Specification No. 91445; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer’s Estimate of $118,000. Approved and Authorized 5:0 18. ROADWAY SEALING 2016, SPECIFICATION NO. 91311 1. Approve plans and specifications for the Roadway Sealing 2016 Project, Specification No. 91311; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer’s Estimate of $1,199,705. Approved and Authorized 5:0 19. AUTHORIZE USE OF FUNDS FOR CONTINUING LITIGATION Authorize the City Attorney to execute a Second Amendment to the Legal Services Agreement with the law firm of Jarvis, Fay, Doporto (Original Agreement dated March 31, 2015; First Amendment dated August 17, 2015) increasing the not to exceed amount from $50,000 to $75,000, for the City’s legal defense in the case of Palacios, et al. v. Nielsen, et al., as authorized by the City Council and reported out of closed session on March 31, 2015. Authorized 5:0 20. CORRECTION TO CITY COUNCIL MEETING MINUTES OF JANUARY 19, 2016 Approve the corrected minutes of January 19, 2016. Approved 5:0 San Luis Obispo City Council Action Update May 17, 2016 Page 8 22. PARTICIPATION IN THE CALRECYCLE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM Adopt Resolution No. 10719 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing submittal of application for payment programs and related authorizations,” offered by CalRecycle. Adopted 5:0 BUSINESS ITEMS 21. ANNUAL REPORT REGARDING RENTAL HOUSING INSPECTION PROGRAM MOTION: BY COUNCIL MEMBER ASHBAUGH, SECONDED BY COUNCIL MEMBER CHRISTIANSON CARRIED 3:2 (CARPENTER AND RIVOIRE VOTING NO) to: 1. Received and filed the annual report regarding the Rental Housing Inspection Program. (RHIP); and 2. Adopted Resolution No. 10720 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, extending the deadline for the amnesty period for waiver of the special investigation fee and clarifying the interpretation and scope of the definition of “Residential Rental Dwelling Unit” in section 15.10.020 of the San Luis Obispo Municipal Code.” By Council consensus, Staff directed to add tracking of rental costs and vacancy rates, summary of inspections of properties with history of Code Enforcement; the number of displacements or relocations (red tags issued); enhance “Frequently Asked Questions” based on input received from correspondence and during public testimony; develop a leave behind on tenants’ rights; evaluate changes to the checklist to clarify which items relate directly to habitability, and return with an update in May 2017. COUNCIL LIAISON REPORTS Council Liaison written reports were received from Council Member Ashbaugh and Mayor Marx. San Luis Obispo City Council Action Update May 17, 2016 Page 9 COUNCIL COMMUNICATIONS Mayor Marx announced a meeting on May 24, 2016 from 6-8 p.m. San Luis Obispo Council of Government (SLOCOG) will conduct an open meeting at Los Ranchos Elementary School about the congestion on Broad/Hwy 227 between Orcutt and Crestmont. Council Member Ashbaugh announced a meeting on May 18, 2016 regarding neighborhood crime issues in the Bishop’s Peak School area. He also mentioned an upcoming community service fair at Cal Poly. ADJOURNMENT - 10:56 P.M. Council adjourned to a Special Meeting to be held on Tuesday, May 24, 2016 at 8:30 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purpose of conducting a closed session related to negotiations. The Regular City Council Meeting of June 7, 2016 was previously cancelled. Consequently, the next Regular City Council Meetings are scheduled for Tuesday, June 14, 2016 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California.