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HomeMy WebLinkAbout05-16-2017 MinutesCouncil Minutes 3 City Hall, 990 Palm Street, San Luis Obispo Tuesday, May 16, 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, May 16, 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: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City 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. PLEDGE OF ALLEGIANCE Vice Mayor Dan Rivoire led the Pledge of Allegiance. PROCLAMATION 1. NATIONAL PUBLIC WORKS AND UTILITIES WEEK Mayor Harmon provided a presentation to Daryl Grigsby, Public Works Director, and Carrie Mattingly, Utilities Director, declaring May 21-27, 2017 as "National Public Works and Utilities Week." PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA David Brodie Don Hedrick Kit Gould James Lopes San Luis Obispo Page 1 San Luis Obis o C ity Council Minutes of May 16 2017 Pa e 2 Mila Vujovich—Le Barre End of Public Comment CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 4 and 6 thru 8. Council Member Pease pulled item 5 for separate consideration. Council Member Pease noted her recusal from discussion on item 5 due to a working relationship with the project architect and left the dais at 6:36 p.m. ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0 (PEASE RECUSED) to approve Consent Calendar Item 5. Council Member Pease returned to the dais at 6:44 p.m. 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 THE CITY COUNCIL MEETINGS OF MARCH 21, 2017 AND APRIL 1,� 2017 CARRIED 5-0, to approve the Minutes of the City Council meeting of March 21, 2017 and April 10, 2017. 4. RAILROAD DISTRICT SIDEWALK ENGINEERING STANDARD MODIFICATION CARRIED 5-0, to 1. Approve modifications to the Railroad District Sidewalk Engineering Standard 4150; and 2. Approve a new Railroad District Tree Well Engineering Standard 8135. 5. AUTHORIZATION TO ENTER INTO DEVFLOPMENT AGREEMENT DISCUSSIONS WITH AVILA RANCH LLC *Item 5 pulled by Council Member Pease for separate consideration. CARRIED 4-0 (PEASE RECUSED), to 1. Authorize staff to initiate discussions with Avila Ranch, LLC for a Development Agreement; and 2. Authorize the City Manager to negotiate and execute a Third Party Reimbursement San Luis Obispo City Council Minutes of May 16, 2017 Page 3 Agreement with Avila Ranch, LLC, as necessary, requiring Avila Ranch, LLC to reimburse the City for the costs of any outside legal or technical consultants the City may require to assist with the negotiation or review of the Avila Ranch application for a Development Agreement. Public Comments: Mila Vujovich-Le Barre David Brodie Sarah Flickinger Paul Rys ---End of Public Comment 6. AUTHORIZE AWARD OF CONTRACT FOR PARKING ENFORCEMENT MANAGEMENT SYSTEM (PEMS), SPECIFICATION NO. 91495 CARRIED 5-0, to authorize the City Manager to enter into contract with PassportParking, Inc. for the Parking Enforcement Management System (PEMS), Specification No. 91495, for a five-year period. 7. AUTHORIZE REQUEST FOR _ PROPOSAL FOR PARKING ACES_S_ AND REVENUE CONTROL SYSTEM (PARCS), SPECIFICATION NO 91545 CARRIED 5-0, to: 1. Authorize the issuance of a Request for Proposal (RFP) for Parking Access and Revenue Control System (PARCS), Specification No. 91545; and 2. Authorize the City Manager to enter into a contract with the successful bidder within authorized project budget, and 3. Authorize the City Attorney to approve modifications to the form of the contract with the successful bidder. 8. FRIENDS OF LA LOMA ADOME MEMORANDUM OF UNDERSTANDING CARRIED 5-0, to approve the Memorandum of Understanding between the City of San Luis Obispo and the Friends of La Loma Adobe for preliminary evaluation and restoration activities. PUBLIC HEARINGS AND BUSINESS ITEMS 9. PUBLIC HEARING — ESTABLIGHMENT OF PRIVATE SEWER LATERAL ORDINANCE FOR INFLOW AND INFILTRATION REDUCTION Utilities Director Mattingly, Utilities Deputy Director Hix, and Utilities Project Manager Metz provided an in-depth staff report with the help of a Power Point presentation and responded to Council questions. San Luis Obispo City Council Minutes of May 16, 2017 Page 4 Public Comments: Steve Delmartini Bob Mourenza Sandra Rowley Paul Rys Graham Updegrove ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to not Introduce Ordinance No. 1635 and continue item to a date uncertain to: Consider introduction of Ordinance No. 1635 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 13.08 of the San Luis Obispo Municipal Code creating a Sewer Lateral Inspection and Replacement Program" related to maintenance, inspection, repair, and replacement of private sewer laterals and determining the ordinance modifications are exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines. Item continued to a date uncertain. 10. NATURAL RESOURCES ROUNDTABLE VISION PLAN Assistant City Manager Johnson and Natural Resources Manager Hill provided an in-depth staff report and responded to Council questions. Public Comments: Bill Waycott Greg Bettencourt ---End of Public Comment ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to as recommended by the Natural Resources Roundtable, adopt Resolution No. 10795 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving "Saving Special Places Forever a Vision Plan to Complete and Sustain the San Luis Obispo Greenbelt." RECESS Council recessed at 8:05 p.m. and reconvened at 8:17 p.m., with all Council Members present. 11. PUBLIC HEARING — FORMATION OF A GROUNDWATER SUSTAINABILITY AGENCY San Luis Obispo City Council Minutes of May 16, 2017 Page 5 Utilities Director Carrie Mattingly and Utilities Deputy Director Aaron Floyd provided an in-depth staff report and responded to Council questions. Public Comments: Don Hedrick ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Rescind all prior approvals and appointments associated with the formation of a Groundwater Sustainability Agency from the March 7, 2017 City Council meeting; and 2. Adopt Resolution No. 10796 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California authorizing the City of San Luis Obispo to become a Groundwater Sustainability Agency for the San Luis Obispo Valley Groundwater Basin for the area that lies beneath and within the jurisdictional boundaries of the City of San Luis Obispo"; and 3. Authorize the City Manager to approve use of up to $200,000 of water fund working capital for expenditures related to the formation and administration of a groundwater sustainability agency and the development of a groundwater sustainability plan; and 4. Authorize the City Manager to execute a letter to the California Department of Water Resources notifying them of the City's decision to become a Groundwater Sustainability Agency as required by Water Code § 10723.8; and 5. Authorize the City's Utilities Director to perform any acts necessary under the Sustainable Groundwater Management Act in order to effectuate the purposes and acts authorized herein; and 6. Once formed, appoint Council Member Pease and the Utilities Director as an alternative representative to serve on the to the Groundwater Sustainability Commission 12. CALL FOR A SPECIAL ELECTION AND TAKE OTHER RELATED ACTIONS TO SUBMIT TO THE VOTERS "'AN INITIATIVE TO REPEAL CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE ENTITLED "RENTAL HOUSING INSPECTION" AND TO ADOPT NEW CHAPTER 15.10 ENTITLED "NON- DISCRIMINATION IN HOUSING"' City Clerk Gallagher provided an in-depth staff report and responded to Council questions. Public Comments: Stew Jenkins Kevin Rice Paul Rys San Luis Obispo City Council Minutes of May 16. 2017 Page 6 ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Adopt Resolution No. 10797 (2017 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 Special All Mailed Ballot Municipal Election to be held on Tuesday, August 22, 2017, for the submission of a proposed ordinance and requesting the Board of Supervisors to render services relating to the conduct of the election." As amended to read: Shall an ordinance be adopted to replace former Chapter 15.10 of the San Luis Obispo Municipal YES Code, entitled "Rental Housing Inspection" (repealed by City Council Ordinance 1632, effective April 20, 2017), with new Chapter 15.10 to be entitled "Non -Discrimination in Housing"? NO ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 2. Provide direction regarding the City Council's argument against the initiative; as amended to appoint an Ad -Hoc Committee consisting of Council Members Christianson and Gomez to prepare and submit argument against the measure and rebuttal if warranted and that the entire Council meet to review and sign the argument on May 301h at a time to be determined. 3. Adopt Resolution No. 10798 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis." amended to read: Carlyn Christianson (Council Member Against) Aaron Gomez (Council Member Against) 4. Consider a resolution (Recommendation 3) appointing an ad-hoc subcommittee consisting of two of its members to prepare and submit an argument against the measure and rebuttal argument, if warranted; ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE CARRIED 5-0 to: 5. Appropriate funds from the undesignated General Fund Reserve up to $160,000, for assistance from the San Luis Obispo County Clerk -Recorder to conduct this special election. Council Member Christianson noted approval to direct the City Attorney to prepare an impartial analysis as stated which was previously moved and adopted in Resolution No. 10798. San Luis Obispo City Council Minutes of May 16, 2017 Page 7 13. DISCUSSION OF PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Assistant City Manager Johnson provided an in-depth staff report and responded to Council questions. Public Comments: David Brodie Cheryl McLean Don Hedrick Kevin Rice Stew Jenkins Nicholas DePaoli Paul Rys ---End of Public Comment --- City Manager Lichtig clarified Council direction to update to Council Policy and Procedure Manual to include a 30 -minute limitation on public comment for items not on the agenda and to carry over any remaining speaker time to the end of the meeting; she noted a need to update the current Public Speaker Card to reflect this change as well as a need to stay flexible and adjust the limitations on a need be basis. By consensus, Council provided the following direction to staff to bring back an agenda item regarding a time limit change to the Council Policy and Procedure Manual regarding public comment on items not on the agenda. 14. APPOINTED OFFICIALS' COMPENSATION Human Resources Director Irons and Human Resources Analyst Sutter provided an in-depth staff report and responded to Council questions. Public Comments: Don Hedrick ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. Adopt Resolution No. 10799 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, amending a contract of employment for City Attorney"; and 2. Authorize the Mayor to execute an amendment to the City Attorney's contract of employment which includes the right for City Attorney to cash out three weeks of accrued vacation at the end of every fiscal year San Luis Obispo City Council Minutes of May 16, 2017 Page S COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Hannon reported attending multiple events at Cal Poly including the Frost Gift Lunch, visited the Honor Society, attended the service awards and judged the Greek's lip syncing contest which raised thousands of dollars for Jacks Helping Hands, she reported on attending the Business Symposium of Local Energy in Long Beach, she went on a ride along with the SLOFD and attended Coffee with a Cop and encouraged public to attend future events. Council Member Pease reported attending the Student Community Liaison Committee and praised students for their volunteerism efforts. Vice Mayor Rivoire reminded the public of Bike Week and noted some local events being held to encourage participation. Council Member Gomez reported attending the Energy Symposium in Long Beach and the 1 st quarterly U-40 event which topic was centered around housing. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Friends of 71 Palomar v. City Council of San Luis Obispo, et al.; San Luis Obispo Superior Court Case No. 17CV-0259 PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- RECESS Council recessed at 10:20 p.m. to the Council Hearing Room at 990 Palm Street, San Luis Obispo, California 93401 to hear the Closed Session item. Assistant City Manager Johnson recused himself. Council Member Pease recused herself. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0 (PEASE RECUSED) to: give authority to City Attorney to defend writ action and hire outside Council Jarvis, Fay, Doporto and Gibson; to execute a legal service agreement in an amount to cover defense costs, and to enter into a reimbursement agreement with the developer for defense costs. Closed Session adjourned at 10:30 p.m. Meeting was adjourned at 10:30 p.m. to a Special Meeting to be held on Thursday, June 1, 2017 at 5:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California, to hold a Lan Luis Obispo City Council Minutes of May 16, 2017 Page 9 preliminary budget workshop. The next Regular City Council meeting is scheduled for Tuesday, June 6, 2017 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Carrie Gallagher City Clerk APPROVED BY COUNCIL: 07/18/2017