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HomeMy WebLinkAbout09-06-2016 Item 03 Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016Tuesday, May 24, 2016 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, May 24, 2016, 2016 at 8:30 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx *Council Member Ashbaugh arrived at 8:37 a.m. Council Members Absent: None Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager, Monica Irons, Director of Human Resources, Agency Negotiator Rick Bolanos and , Lee Price, Interim City Clerk were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION City Attorney Dietrick called for public comment. There was no one present to speak on Closed Session Items. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Katie Lichtig, Derek Johnson, Greg Zocher, J. Christine Dietrick, Jon Ansolabehere, Garret Olson, Rick Bolanos 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 3.a Packet Pg. 7 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of May 24, 2016 – DRAFT Page 2 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees REPORT ON CLOSED SESSION City Attorney Dietrick reported that no reportable action was taken during the Closed Session. ADJOURNMENT The meeting was adjourned at 9:42 a.m. The next regular City Council Meeting is scheduled for Tuesday, June 14, 2016 at 4:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 8 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo Page 1 Thursday, June 9, 2016 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Thursday, June 9, 2016 at 2:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager, Monica Irons, Human Resources Director and John Paul Maier, Assistant City Clerk; were present at Roll Call. PUBLIC COMMENT PERIOD City Attorney Dietrick called for public comment. There was no one present to speak on the Closed Session Item. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9 Name of Case: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of California Public Employment Relations Board Case No. LA-CE-729-M CITY ATTORNEY REPORT ON CLOSED SESSION Following the Closed Session, City Attorney Dietrick advised that the City Council took no reportable action during Closed Session. 3.a Packet Pg. 9 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of June 9, 2016 - DRAFT Page 2 ADJOURNMENT The meeting was adjourned at 2:45 p.m. The next Regular City Council Meeting is scheduled for Tuesday, June 14, 2016 at 4:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 10 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo Page 1 Council Minutes Tuesday, July 12, 2016 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, July 12, 2016 at 6:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and Lee Price, Interim 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 Dan Rivoire led the Pledge of Allegiance. 1. PRESENTATION BY CHIEF CANTRELL, REGARDING THE POLICE DEPARTMENT UPDATE Police Chief Deanna Cantrell and Police Captain Keith Storton provided the update and responded to questions. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Russ Brown, San Luis Obispo, asked the Council to delay a public hearing on the Mission Plaza Plan to allow more citizen input on the Downtown Concept Plan. Donald Hedrick, San Luis Obispo, spoke regarding national political events. Mary Lou Johnson, San Luis Obispo, expressed appreciation for the City’s Neighborhood Matching Grant Program and provided an update on a vegetation clean-up project beginning in her neighborhood. 3.a Packet Pg. 11 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 2 San Luis Obispo Page 2 San Luis Obispo residents Cheryl McLean and Mila Vujovich-LaBarre expressed concerned regarding development plans for 71 Palomar and urged the Council to engage an independent arborist and other environmental consultants to study impacts to trees, traffic, parking and neighborhood compatibility. ---End of Public Comments--- In response to public comment, Community Development Director Codron explained the process for review of the Downtown Concept Plan and the Mission Plaza Master Plan, that will include a joint meeting of the City Council and the Planning Commission as well as the typical advisory body review process with public outreach before coming back to the Council, as previously approved. City Manager Lichtig assured the Council that this information would be shared with Mr. Brown and other interested parties. Community Development Director Codron provided an update on the review process for the development proposal at 71 Palomar development and indicated he would provide the Council with a memorandum outlining the timeline. CONSENT AGENDA Public Comments: Lydia and Bob Mourenza, and Donald Hedrick of San Luis Obispo pulled Item 4 to voice objections to incentives recommended for an affordable housing project at 774 Caudill Street. The following individuals pulled Item 5 to express support for Human Relations Commission Grants-in-Aid funding recommendations: Sister Theresa Harpin and Donna Wilson (Restorative Partners, Inc.) Carl Hansen (Food Bank Coalition of San Luis Obispo County) Sonya Laputz (Alzheimer’s Association) Sylvia Grayham (Alliance for Pharmaceutical Access) Grace McIntosh (Community Action Partnership San Luis Obispo County) Kay Gore (SLO Syringe Exchange Program) Dr. Consuelo Meux (SLO NOOR Foundation) Julianne McAdams (Senior Nutrition Program of San Luis Obispo County) Donald Hedrick, San Luis Obispo The following individuals pulled Item 5 to ask the Council to reconsider the recommendation and approve their funding requests. Marie Brinkmeyer and Thomas Clough (Senior Volunteer Services: Central Coast Community Volunteer Program) Susan Graves (CASA of San Luis Obispo County) 3.a Packet Pg. 12 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 3 San Luis Obispo Page 3 The following individuals pulled Item 6 to express support for Tourism Business District and Promotional Coordinating Committee Grants-in-Aid funding recommendations: Angela Tahti (Arts Obispo) Stacy Hunt and Michael Jencks Central Coast Ecologistics, Inc. Chris Miller (Performing Arts Center, San Luis Obispo) Brian Alhadeff (Opera San Luis Obispo) Roxanne Carr (Friends of Cuesta Performing Arts Center) Denise Leader Stoeber (Cal Poly Arts and San Luis Obispo County Library Foundation) Tom Mitchell (San Luis Obispo Railroad Museum) Erin McCall (Canzona Women’s Ensemble) Jennifer Disunto (Downtown Association) Robert Knowles (Central Coast Shakespeare Festival) Members of TBID and the PCC Matt Wilkins, Stephanie Robertson and Sasha Palazzo Donald Hedrick, San Luis Obispo Mila Vujovich-LaBarre pulled Items 8 and 11 to address the conditions at the Highway 101 and Los Osos Valley Road interchange and the intersection of Highway 101 and Prado Road. ---End of Public Comments--- In response to public comment, Community Development Director Codron provided clarifications about the affordable housing project proposed for 774 Caudill and explained that the Project Study Report for the Prado Road interchange will include a formal review and evaluation process. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to approve the consent Calendar Items 2 thru 13. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 3. MINUTES OF APRIL 19 AND MAY 3, 2016 CARRIED 5-0 to approve the minutes of the City Council meetings of April 19 and May 3, 2016. 4. REQUEST FOR ALTERNATIVE INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT INCLUDE A DENSITY BONUS OF 48 PERCENT AND A REDUCTION IN SITE DEVELOPMENT STANDARDS FOR THE MAXIMUM BUILDING HEIGHT TO EXTEND UP TO 47.5 FEET WHERE 40 FEET IS PERMITTED FOR 774 CAUDILL STREET (CITY FILE NO. AFFH-3142- 2016) CARRIED 5-0 to adopt a Resolution No. 10734 (2016 Series) entitled “A Resolution of the 3.a Packet Pg. 13 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 4 San Luis Obispo Page 4 City Council of the City of San Luis Obispo, California, approving the alternative incentives to provide for affordable housing that include a density bonus of 48 percent and a reduction in site development standards for the maximum building height to extend to 47.5 feet where 40 feet is normally permitted, with a categorical exemption form environmental review pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines as presented in the City Council agenda report and attachments dated July 12, 2016 (744 Caudill AFFH-3142-2016).” 5. CONSIDERATION OF 2016-17 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA) FUNDING RECOMMENDATIONS CARRIED 5-0 to: 1. As recommended by the Human Relations Commission, approve the 2016-17 Grants-in- Aid funding allocations in the amount of $138,500; and 2. Authorize the Community Development Director to execute agreements with each grant recipient. 6. 2016-17 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND PROMOTIONAL COORDINATING COMMITTEE (PCC) CARRIED 5-0 to: As recommended by the Tourism Business Improvement District (TBID) Board and the Promotional Coordinating Committee (PCC): 1. Authorize the City Manager to enter into various contracts and program expenditures for the Tourism Business Improvement District (TBID) not to exceed the 2016-17 program budget of $1,434,000 based on the recommendations by the TBID Board; and 2. As recommended by the Tourism Business Improvement District (TBID) Board, approve the first two-year extension of the contract with Barnett Cox and Associates (BCA) and Matchfire (as successor in interest of Studio Good) for marketing services in the amount of $814,500; and 3. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the 2016-17 program budget of $403,609 based on the recommendations by the Promotional Coordinating Committee (PCC); and a. This includes the 2016-17 Grants-in-Aid (GIA) allocations in the amount of $100,000 and authorization to execute individual agreements with each grant recipient. b. This includes the first one-year term renewal of the contract with FreshBuzz for promotional services in the amount of $30,000. 3.a Packet Pg. 14 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 5 San Luis Obispo Page 5 4. Authorize the City Manager to enter into contracts utilizing the TBID Fund carryover and un-appropriated fund balance from the 2015-16 fiscal year for tourism marketing expenditures in 2016-17 based on the recommendations by the TBID Board; and 5. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2016-17 based on the recommendations by the TBID Board. 7. 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPLICATION CARRIED 5-0 to: 1. Authorize staff to submit an application for a 2016 Edward Byrne Memorial Justice Assistance Grant in the amount of $13,873. 2. If the grant is awarded, authorize the City Manager to execute necessary grant documents and direct the appropriation of monies into the accounts required to administer the grant. 8. LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT PROJECT LANDSCAPE AND MITIGATION, SPECIFICATION NO. 91435 - COOPERATIVE AGREEMENT WITH CALTRANS CARRIED 5-0 to approve a Cooperative Agreement with the State of California Department of Transportation (Caltrans) to allow for the construction and maintenance of the Los Osos Valley Road/US 101 Interchange Improvements Project - Landscape, Irrigation, Environmental Mitigation, and Erosion Control Design, Specification No. 91435. 9. JENNIFER STREET SEWER LINE REPLACEMENT, SPECIFICATION NO. 91185 CARRIED 5-0 to: 1. Approve plans and specifications for the Jennifer Street Sewer Line Replacement, Specification No. 91185 and authorize staff to advertise for bids; and 2. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $802,000. 10. RAILROAD TRAIL MAINTENANCE 2016 CARRIED 5-0 to: 1. Approve plans and specifications for the Railroad Trail Maintenance project, Specification No. 91422; and 2. Authorize staff to formally advertise for bids; and 3.a Packet Pg. 15 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 6 San Luis Obispo Page 6 3. Authorize the City Manager to award the construction contract if the lowest bid is less than the Engineer’s Estimate of $90,000. 11. CALTRANS COOPERATIVE AGREEMENT: PRADO & HWY 101 CARRIED 5-0 to: 1. Approve a cooperative agreement with CalTrans for the processing of a Project Study Report (PSR) for improvements to the Prado Road/ US 101 interchange; and 2. Authorize the City Manager to execute the agreement pending deposit of sufficient funds from the San Luis Ranch to reimburse PSR activities and Caltrans review; and 3. Appropriate $25,000 from the Transportation Impact Fee Account (Fund 405) to fund City related work on the Project Study Report. 12. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2016 PROJECT, SPECIFICATION 91445 CARRIED 5-0 to: 1. Award a contract to Victor Concrete, Inc. in the amount of $204,800 for the CDBG Curb Ramps 2016 project, Specification No. 91445; and 2. Approve a transfer of $133,000 from the design phase of the Street Reconstruction and Resurfacing Master Account to the projects construction phase. 13. RESOLUTION AUTHORIZING THE COUNTY’S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES FOR 2015-16 ON THE SECURED PROPERTY TAX ROLL FOR 2016-17 CARRIED 5-0 to adopt Resolution No. 10735 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to collect fees for 2015-16 Fire and Life Safety Inspections of multi dwelling properties containing three or more dwelling units on the secured property tax roll for fiscal year 2016-17 pursuant to California Government Code Section 54988, et seq.” LIAISON REPORTS Council Member Ashbaugh mentioned he had distributed his Liaison Report earlier and added that he attended the workshop on the Downtown Concept Plan. In response to his question regarding the resignation of Ken Schwartz from the Creative Vision Team, City Manager Katie Lichtig provided an update on the process for filling the unscheduled vacancy. 3.a Packet Pg. 16 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 7 San Luis Obispo Page 7 COUNCIL COMMUNICATIONS None. PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Marx called for public comment. There was no one present to speak on Closed Session items. Closed Session convened at 8:20 P.M. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Katie Lichtig, Derek Johnson, Greg Zocher, J. Christine Dietrick, Jon Ansolabehere, Garret Olson, Rick Bolanos 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 Unrepresented Confidential Employees B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code § 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. These facts and circumstances that might result in litigation, but which the local agency believes are not yet known to a potential plaintiff or plaintiffs. (Government Code § 54956.9 (e)(1)) C. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of California Public Employment Relations Board Case No. LA-CE-729-M 3.a Packet Pg. 17 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 12, 2016 - DRAFT Page 8 San Luis Obispo Page 8 CITY ATTORNEY REPORT ON CLOSED SESSION The City Attorney reported that there were no reportable actions taken on any of the three items. ADJOURNMENT The meeting was adjourned at 9:07 p.m. The Council adjourned to a Special Meeting to be held on Thursday, July 14, 2016 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purposes of conducting a closed session related to confidential personnel matters. The next Regular City Council meeting is scheduled for July 19, 2016 at 6:00 p.m., in the Council Chamber, respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 18 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo Page 1 Thursday, July 14, 2016 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Thursday, July 14, 2016 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff Present: Monica Irons, Human Resources Director, Judith Propp, Special Counsel and Lee Price, Interim City Clerk; were present at Roll Call. PUBLIC COMMENT PERIOD Legal Counsel for the Appellant, Kevin Waddell, provided opening statements. CLOSED SESSION A. NON-MANAGEMENT PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Pursuant to Government Code Section 54957 (b) (1) and the San Luis Obispo Municipal Code Section 2.36.350 Disciplinary Action – Hearings, G. Council Action MAYOR’S REPORT ON CLOSED SESSION Following the Closed Session, Mayor Marx reported that there was no reportable action. 3.a Packet Pg. 19 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 14, 2016 - DRAFT Page 2 ADJOURNMENT The meeting was adjourned at 5:15 p.m. The Council will meet in a Special Closed Session at 5:00 p.m. on July 19, 2016 in the Council Hearing Room. The next Regular Meeting of the Council will be July 19, 2016 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 20 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo Page 1 Tuesday, July 19, 2016 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 19, 2016 at 5:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff Present: Monica Irons, Human Resources Director, Judith Papp, Special Counsel and Lee Price, Interim City Clerk; were present at Roll Call. Special Counsel Papp provided the Closed Session announcement. PUBLIC COMMENT PERIOD There were no public comments. CLOSED SESSION A. NON-MANAGEMENT PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Pursuant to Government Code Section 54957 (b) (1) and the San Luis Obispo Municipal Code Section 2.36.350 Disciplinary Action – Hearings, G. Council Action ADJOURNMENT The meeting was adjourned at approximately 5:30 p.m. The next Regular Meeting of the Council will be July 19, 2016 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. 3.a Packet Pg. 21 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 19, 2016 - DRAFT Page 2 __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 22 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo Page 1 Council Minutes Tuesday, July 19, 2016 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, July 19, 2016 at 6:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and Lee Price, Interim City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION ANNOUNCEMENT Mayor Marx reported that the Council met in Closed Session on July 14th and on July 19th on a confidential personnel matter. The Council has concluded the matter and will be issuing a written decision in accordance with the City’s Personnel Rules. PLEDGE OF ALLEGIANCE Council Member Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick reported that direction was provided to staff on price and terms to pursue acquisition of three open space properties, as noted on the agenda. No further reportable action was taken. 3.a Packet Pg. 23 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 19, 2016 - DRAFT Page 2 San Luis Obispo Page 2 INTRODUCTIONS 1. SCOTT LEE, PUBLIC WORKS PARKING SERVICES MANAGER AND ADAM FUKUSHIMA, ACTIVE TRANSPORTATION MANAGER Public Works Director Grigsby introduced Scott Lee as the new Parking Services Manager and Adam Fukushima as the new Active Transportation Manager. APPOINTMENTS 2. APPOINTMENT TO THE BICYCLE ADVISORY COMMITTEE (BAC) Interim City Clerk Price provided a brief staff report. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to confirm the appointment of Ken Kienow to the Bicycle Advisory Committee to complete an unexpired term through March 31, 2018. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jon Barrett, Surf Cab Company Driver, expressed concerns about the lack of scrutiny for Uber drivers and asked the Council to consider placing on a future agenda a discussion about placing the same requirements on Uber driver that are required of cab drivers. Don Hedrick, San Luis Obispo, announced he had been issued nomination papers for the Office of Mayor and spoke regarding national politics. The following San Luis Obispo residents voiced objections to plans to re-open Luneta Drive to through traffic: Tess Matthews, Al Lipper, Patrick O’Sullivan, Jonathan Reich, Peter Crough, Ed Benson, Diana Schmiett and Mila Vujovich-La Barre. Scott Barnes, San Luis Obispo, complained about misconduct in the Police Department and proposed a citizens review committee; and offered to donate 500,000 to help establish such an oversight committee. Mila Vujovich-La Barre summarized concerns expressed about the Prado Road and Highway 101 interchange in recent correspondence. ---End of Public Comment--- ACTION: By mutual agreement, the Council directed staff to place on a future agenda Council consideration of options relating to the Luneta Drive street closure, including consideration of an amendment to the Circulation Element of the General Plan. 3.a Packet Pg. 24 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 19, 2016 - DRAFT Page 3 San Luis Obispo Page 3 CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to approve the Consent Calendar items 3-6. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 4. SELECTION OF VOTING DELEGATE AND ALTERNATES - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE CARRIED 5-0 to appoint Mayor Jan Marx as the voting delegate and Council Members Ashbaugh and Christianson as alternate voting delegates to vote on the City’s behalf at the Annual Business Meeting of the League of California Cities on Friday, October 7, 2016. 5. REQUEST FOR PROPOSALS FOR COMMUNITY OUTREACH AND COMMUNICATIONS SUPPORT SERVICES CARRIED 5-0 to: 1. Authorize the issuance of a Request for Proposals for Consultant Services for community outreach and communications support services; and 2. Authorize the City Manager to award the contract if proposals are within the project budget of $139,500. 6. LEASE AGREEMENT FOR 999 MONTEREY STREET, SUITE 345 CARRIED 5-0 to approve and authorize the City Manager to execute a lease agreement in a form subject to the approval of the City Attorney for 2,000 square feet of office space at 999 Monterey Street, Suite 345 between the City of San Luis Obispo and Jamestown Premier SLO Retail, L.P. BUSINESS ITEMS 7. CONSIDERATION OF THE PROPOSED CHANGES TO THE CITY’S PUBLIC ART POLICY Parks and Recreation Director Shelly Stanwyck and Parks and Recreation Manager Mudgett provided an in-depth staff report and responded to Council questions. Public Comments: Donald Hedrick, San Luis Obispo, suggested City buses be embellished with art. 3.a Packet Pg. 25 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of July 19, 2016 - DRAFT Page 4 San Luis Obispo Page 4 Speaking in support of the recommended enhancements: Dominic Tartaglia, Downtown Association, and San Luis Obispo residents Andy Pease, Landy Filu and Allan Root. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to approve proposed changes to the City’s Public Art policies to include an update to the Utility Box Art program specifying the program’s maintenance, replacement, expansion and archival of box art murals. 8. GUIDING PRINCIPLES FOR THE DIABLO CANYON POWER PLANT CLOSURE AND RELATED ISSUES City Manager Lichtig provided the staff report. Council questions ensued. The Council reviewed and discussed a memorandum from Council Member Ashbaugh recommending modifications to the guiding principles. ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to adopt Guiding Principles to provide direction to staff as the Diablo Canyon Power Plant Closure, as amended, and related moves through the various regulatory processes, including providing direction to the City Manager and City Attorney to evaluate the City’s position as an intervener. Council mutually agreed to support proceeding with an application to intervene if deemed appropriate by staff. COUNCIL LIAISON REPORTS Mayor Marx provided an update on the County Supervisors’ action to place a transportation sales tax measure on the November ballot. She added that the measure will require a 2/3 vote approval to pass and explained that more information can be found on the City’s website, which has a link to the San Luis Obispo Council of Governments’ (SLOCOG) website. COUNCIL COMMUNICATIONS None. ADJOURNMENT The meeting was adjourned at 8:06 p.m. The Regular City Council Meeting of August 2, 2016 was previously cancelled. Consequently, the next Regular City Council Meeting is scheduled for Tuesday, August 16, 2016 at 6:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 26 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo Page 1 Council Minutes Tuesday, August 16, 2016 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, August 16, 2016 at 6:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; Lee Price, Interim 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 Christianson led the Pledge of Allegiance. INTRODUCTIONS 1. CARRIE GALLAGHER - CITY CLERK City Manager Lichtig introduced Carrie Gallagher as the new City Clerk and administered her oath of office. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA San Luis Obispo resident Sara Von Schwind, Pismo Beach resident Kathleen O’Neill and Santa Maria resident Valerie Trenev asked the Council to reconsider the “dawn to dusk curfew” in the open space and expand hours for hiking to 8:00 p.m. Donald Hedrick, San Luis Obispo, voiced objections to adding fluoride to drinking water. Jeff Brubaker, San Luis Obispo Council of Governments (SLOCOG), provided an update on the 3.a Packet Pg. 27 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of August 16, 2016 - DRAFT Page 2 San Luis Obispo Page 2 region’s transportation funding efforts. He explained that the County Board of Supervisors placed a measure on the November 2016 ballot (Measure J) which would, if passed, approve a 9- year half cent sales tax increase with citizens’ oversight protection. Revenues, he added, would go towards transportation improvements, of which 22.2 million would likely be for the City of San Luis Obispo. He summarized key projects proposed and announced more information is available on the following website: www.selfhelpslo.org. Patty Toews, San Luis Obispo County Integrated Waste Management Authority (IWMA), announced the new residential food scrap program. Mila Vujovich-La Barre, San Luis Obispo, expressed appreciation to the Clerk’s Office for their efforts to support the local mayoral and council candidate nomination process. She also voiced concerns regarding the development plan for 71 Palomar and the proposed removal of trees but praised the Tree Committee and the Architectural Review Commission for receiving citizens’ comments. She also expressed appreciation to Natural Resources Manager Hill for hosting a community forum on the proposed Laguna Lake dredging project community forum and mentioned last week’s Downtown Association-sponsored meeting regarding the vision for downtown. In response to public comments, Parks and Recreation Director Stanwyck and Natural Resources Manager Hill provided an update on the City’s regulations regarding enforcement and regulations regarding public access in the open space. ACTION: A majority of Council directed staff to bring back on a future agenda a project plan for revising the ordinance limiting public access of the open space from dusk to dawn. (Council Member Christianson and Mayor Marx opposed placing this matter on a future agenda). CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to approve the Consent Calendar Items 2-7 and 9-11. Item 8 action to take place after Item 13 (Study Session); Council Member Ashbaugh registered a NO vote on Item 4. Public Comments: George Kunhardt, M.D., San Luis Obispo, pulled Item 6 to express concerns regarding the impacts to existing residents by approving a final map for Tract 2428-1, 3000 Calle Malva and had questions. Community Development Director Codron explained the recommendation and indicated he would follow up with Dr. Kunhardt. ---end of Public Comments--- 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 3.a Packet Pg. 28 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of August 16, 2016 - DRAFT Page 3 San Luis Obispo Page 3 3. MINUTES OF MAY 17, JUNE 14, JUNE 21, AND JUNE 23, 2016 CARRIED 5-0, to approve the Minutes of the City Council meetings of May 17, June 14, June 21, and June 23, 2016. 4. REVIEW OF A MILLS ACT HISTORIC PRESERVATION AGREEMENT FOR THE MASTER LIST HISTORIC KIMBALL HOUSE CARRIED 4-1 (Ashbaugh voted NO), to adopt Resolution No. 10736 (2016 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 Kimball House at 690 Islay Street.” 5. MARGARITA LIFT STATION REPLACEMENT, SPECIFICATION NO. 91214 CARRIED 5-0, to: 1. Approve plans and specifications for the Margarita Lift Station Replacement, Specification No. 91214 and authorize staff to advertise for bids; and 2. Approve a Budget Amendment Request to transfer $152,000 from Sewer Fund Working Capital to the construction phase of the project; and 3. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $762,000. 6. APPROVAL OF THE FINAL MAP FOR TRACT 2428-1, 3000 CALLE MALVA (TR 121-13) CARRIED 5-0, to adopt Resolution No. 10737 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2428-1 (3000 Calle Malva, TR 121-13),” and authorize the Mayor to execute a Subdivision Agreement and a Private Drainage Easement Agreement. 7. CONSULTANT SERVICES AGREEMENT WITH CITYGATE ASSOCIATES, LLC FOR COMPREHENSIVE SERVICES DELIVERY AND STAFFING REVIEW OF THE SAN LUIS OBISPO POLICE DEPARTMENT CARRIED 5-0, to approve and authorize the City Manager to execute a Consultant Services Agreement with Citygate Associates, LLC (“Citygate”), in a form approved by the City Attorney, for a comprehensive services delivery and staffing review of the Police Department for $68,500. 3.a Packet Pg. 29 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of August 16, 2016 - DRAFT Page 4 San Luis Obispo Page 4 8. AUTHORIZE REQUEST FOR PROPOSAL FOR CAPITAL FACILITIES IMPACT FEE PROGRAM NEXUS STUDY Item heard after Item 13 (Study Session) ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to: 1. Authorize the issuance of a Request for Proposal (RFP) for a Capital Facilities Impact Fee Program Nexus Study; and 2. Authorize the City Manager to enter into a consultant services agreement if proposals are received within the available budget for the project. 9. MEADOW PARK LIGHTING REPLACEMENT, SPECIFICATION NO. 91323 CARRIED 5-0, to: 1. Award a contract to Electricraft, Inc. in the amount of $81,726 for the “Meadow Park Lighting Replacement, Specification No. 91323”; and 2. Approve the transfer of $22,500 from the CIP Completed Projects Account to the project construction account. 10. UNCLAIMED MONEY POLICY CARRIED 5-0, to adopt Resolution No. 10738 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the City’s policy for the escheatment of unclaimed money.” 11. RESOLUTION TO AUTHORIZE CITY STAFF TO APPLY FOR FEDERAL TRANSIT FUNDS CARRIED 5-0, to adopt Resolution No. 10739 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Public Works Director, or his designee, to execute and file Federal grant applications with the Federal Transit Administration (FTA) and to fulfill any related grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City.” 3.a Packet Pg. 30 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of August 16, 2016 - DRAFT Page 5 San Luis Obispo Page 5 PUBLIC HEARINGS 12. WATER RESOURCE RECOVERY FACILITY PROJECT – ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND FUNDING APPLICATION REQUEST Utilities Director Mattingly provided the introduction. Utilities Deputy Director Hix provided the staff report. Consultant Jennifer Haddow (Rincon Consultants, Inc.) presented an overview of the environmental impact review (EIR) process, summarized project impacts and next steps. Utilities Director Mattingly presented an overview of the financing strategy and recommendations. Council questions and discussion followed. Public Comment: Donald Hedrick, San Luis Obispo, spoke off topic. ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to: 1. Adopt Resolution No. 10740 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, certifying the Final Environmental Impact Report for the Water Resources Recovery Facility Project,” and; 2. Adopt Resolution No. 10741 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, supporting the pursuit of Low Interest Clean Water State Revolving Fund Grants and Loans and authorizing staff to submit the environmental component of the Clean Water State Revolving Fund Finance Package,” and; 3. Adopt Resolution No. 10742 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, pledging the City Council’s support for the Water Resource Recovery Facility Project and desire to partner with local, state and federal agencies to implement the project.”, as amended (add “and organizations” to Section 2). STUDY SESSION 13. PUBLIC INFRASTRUCTURE FINANCING FRAMEWORK AND DRAFT POLICIES: STUDY SESSION Community Development Director Codron provided introductory comments and emphasized no formal Council action was necessary. Senior Principal Walter Kieser (Economic & Planning Systems, Inc.) presented an in-depth overview of the Proposed Infrastructure Financing Framework and Proposed Guidelines and Policies. Council questions followed. 3.a Packet Pg. 31 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016) San Luis Obispo City Council Minutes of August 16, 2016 - DRAFT Page 6 San Luis Obispo Page 6 The Council received and filed the report. The Council then took up the matter of Consent Agenda Item 8 (see page 4 for action). LIAISON REPORTS A Council Liaison written report was received from Council Member Christianson outlining liaison reports and other City business activities. COUNCIL COMMUNICATIONS None. ADJOURNMENT The meeting was adjourned at 8:25 p.m. The next Regular City Council Meeting is scheduled for September 6, 2016 at 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 32 Attachment: a - Minutes of May 24, June 9, July 12, July 14, July 19 & August 16, 2016 (1449 : Minutes of 5/24, 6/9, 7/12,7/14,7/19, & 8/16/2016)