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HomeMy WebLinkAbout02-20-2018 Item 06 - Minutes of October 24, 2017, January 16, 2018 and February 6, 2018 San Luis Obispo Page 1 Tuesday, October 24, 2017 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, October 24, 2017 at 4:30 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; 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 WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: International Association of Firefighters Local 3523 B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Preserve the SLO Life-Buckley Road, Los Verdes Park Unit One Homeowners’ Association, Inc., Packet Pg 83 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 2 and Los Verdes Park (Unit 2) Homeowners’ Association, Inc. vs. City of San Luis Obispo, City Council of the City of San Luis Obispo, and Does 1 through 15; Avila Ranch, LLC, Andrew Mangano, and Does 16 through 30; San Luis Obispo County Superior Court Case No.17CV-0573 RECESSED AT 5:20 P.M. TO THE SPECIAL MEETING OF OCTOBER 24, 2017, 2017 TO BEGIN AT 6:00 P.M. Packet Pg 84 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 3 CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 24, 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 Gomez 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. City Attorney Dietrick reported the following acti on for Item B, ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: authorize defense of litigation contingent upon proper service on the city and; authorize city manager and city attorney to execute necessary documents to facilitate the legal defense and reimbursement obligations of the developer. PRESENTATIONS 1. PROCLAMATION - ARBOR DAY Mayor Harmon presented a Proclamation to Ron Combs, City Arborist, proclaiming November 4, 2017 as “Arbor Day” in the City of San Luis Obispo. APPOINTMENTS 2. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION (PRC) City Clerk Gallagher presented the contents of the report. Packet Pg 85 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 4 Public Comments: None ---End of Public Comments--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to: 1. Confirm the appointment of Robert “Bob” Spector to the Parks and Recreation Commission to complete an unexpired term through March 31, 2021; and 2. Confirm the appointment of Kari Applegate to the Parks and Recreation Commission to complete an unexpired term through March 31, 2019. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jackie Snider Danilu Ramirez Michelle Fletcher Sonya Eschenburg Don Hedrick ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 3 thru 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. EL CAPITAN BRIDGE CARRIED 5-0, to: 1. Authorize the Mayor to execute Easement Agreements between the City and the owners of Lot 7 of Tract 2294 (the Ackermans) and Lot 15 of Tract 2372 (Stonecreek HOA) in a form approved by the City Attorney; and 2. Authorize the inclusion of the El Capitan Bridge as a City asset, City maintenance responsibility, and prioritize the repair or replacement within the City’s 2017 -19 Bridge Maintenance Capital Improvement Plan Project upon Easement Agreement execution; and 3. Accelerate Bridge Maintenance Funds from Fiscal Year 2018-19 to 2017-18 to support this immediate need. Packet Pg 86 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 5 5. HUMAN RESOURCES AND FINANCE DEPARTMENTS OFFICE RECONFIGURATION, SPECIFICATION No. 91525 CARRIED 5-0, to: 1. Award a contract to BC Construction & Electric in the amount of $124,552 for the “Human Resources and Finance Departments Office Reconfiguration, Specification No. 91525”; and 2. Approve the transfer of $11,962.46 from the General Capital Outlay Completed Projects Account balance and $1,130.54 from the Major Facilities Replacement Completed Projects Account balance, for a total of $13,093.00 to the project construction phase. 6. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT (CONTINUED FROM THE OCTOBER 17, 2017 COUNCIL MEETING) CARRIED 5-0, to adopt Resolution No. 10842 (2017 Series) 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.” Public Comments: Don Hedrick ---End of Public Comment--- PUBLIC HEARING ITEMS AND BUSINESS ITEMS 7. PUBLIC HEARING - LUNETA DRIVE CONNECTION GENERAL PLAN AMENDMENT City Manager Johnson recused himself from the discussion, noting he resides in the affected neighborhood, he departed the dais at 6:29 p.m. Community Development Director Michael Codron was seated at the dais as Acting City Manager. Public Works Director Grigsby, Transportation Manager Hudson, and Transportation Planner/Engineer Rice provided an in-depth staff report with the use of a Power Point and responded to Council questions. Public Comments: Tess Matthews Don Hedrick Sheri Mortola Betty Dehaan Mark Swack John Snetsinger Jonathan Reich Bob Mourenza Roberto Monge Packet Pg 87 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 6 Mila Vujovich – La Barre Ed Benson Al Lipper David Hafemeister Aurora Lipper Paul Allen Robert Shanbrom Patrick O’Sullivan Kit Gould ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: Adopt Resolution No. 10843 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, to approve an amendment to the Circulation Element of the General Plan with an addendum to the 2014 LUCE update Environmental Review Report” to amend the Circulation Element of the General Plan eliminating the Luneta Drive connection and approve the proposed addendum to the Land Use Circulation Element Update Environmental Impact Report. City Manager Johnson returned to the dais at 7:42 p.m. RECESS Council recessed at 7:45 p.m. and reconvened at 7:55 p.m., with all Council Members present. 8. PUBLIC HEARING - FORMATION FOR THE AVILA RANCH COMMUNITY FACILITIES DISTRICT City Manager Johnson, Economic Development Manager Johnson and EPS Consultant Walter Kieser provided an in-depth staff report and responded to Council questions. Public Comments: Mila Vujovich-La Barre ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Advance the formation of the Avila Ranch Community Facilities District (CFD) by adopting Resolution No. 10844 (2017 Series) As amended: entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing Avila Ranch Community Facilities District No. 2017-1 pursuant to the Mello-Roos Community Facilities Act of 1982 and, in its capacity as legislative body of such district, submitting the levy of a special tax and the establishment of an appropriations limit to the electors of Packet Pg 88 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 7 the district to include additional language to end of Section 17 (Environmental Determination) of the Council Resolution to incorporate these additional findings as follows: “The City Council further finds on a wholly independent basis that the formation and implementation of a CFD for the Avila Ranch project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a “general rule” exemption pursuant to Section 15061(b)(3), which covers activities “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed action is intended to implement aspects of that project by establishing a funding mechanism through the formation of a CFD. This action does not change any aspect of the approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that “basic data collection, research…and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource” are exempt from CEQA. Further, it exempts actions that are “…for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.” The formation of a CFD qualifies with respect to these criteria. Therefore, the proposed action is categorically exempt from further analysis under CEQA.” and adopting an addendum to the final environmental impact report for the Avila Ranch Development,” as amended to include language in Section C to read as follows: “A Notice of Determination (NOD) pursuant to CEQA Guidelines Section 15075 was filed on September 20, 2017, following project approval. This began a 30-day period during which any potential court challenges to the project could have been filed. On October 19, 2017, an action challenging the validity of the EIR was filed in the Superior Court, County of San Luis Obispo, as Case No. 17CV-0573. Pursuant to CEQA Guidelines Section 15231(a), the EIR is conclusively presumed to comply with CEQA for purposes of use until the EIR is finally adjudicated in a legal proceeding not to comply with the requirements of CEQA. No such determination has been made; and 2. Set the date for the required (landowner) election for October 26, 2017. 9. PUBLIC HEARING - ORDINANCE INTRODUCTION - REVIEW OF BEVERAGE STRAWS UPON REQUEST City Manager Johnson and Sustainability Coordinator Carloni provided an in-depth staff report and responded to Council questions. Public Comments: Don Hendrick Cory Jones Janine Rands Mila Vujovich – La Barre Mary Ciesinski ---End of Public Comment--- Packet Pg 89 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 8 ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: Introduce Ordinance No. 1640 (2017 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 8.09 to the San Luis Obispo Municipal Code regulating single-use beverage straws.” 10. PUBLIC HEARING - ORDINANCE INTRODUCTION - REGULATING THE SALE AND DISTRIBUTION OF SINGLE-USE PLASTIC BOTTLES AND ESTABLISHING REGULATIONS TO INCREASE AVAILABILITY OF WATER BOTTLE FILLING STATIONS City Manager Johnson and Sustainability Coordinator Carloni provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Cory Jones Don Hedrick Amy Sinsheiner Justin Bradshaw Mary Ciesinski Barry Rands Mila Vujovich – La Barre Janine Rands ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: Introduce Ordinance No. 1641 (2017 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 8.07 to the San Luis Obispo Municipal Code regulating single-use plastic beverage bottles on city property less than 21 ounces in size,” and establishing regulations to increase the availability of water bottle filling stations in the City amended to include within section 17.07.020, In the event that containers greater than 21 ounces in size are utilized, single-use containers (e.g. single-use plastic cups) may not be used in the serving of beverages. The use of reusable containers is required. Packet Pg 90 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 9 11. CLIMATE ACTION TASK FORCE MEMORANDUM OF UNDERSTANDING AND ASSIGNMENT OF COUNCIL MEMBER LIAISON TO THE TASK FORCE City Manager Johnson and Sustainability Coordinator Carloni provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Don Hedrick Justin Bradshaw Eric Veium ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Approve the Memorandum of Understanding between the City of San Luis Obispo and the Climate Action Task Force (Task Force) establishing the Task Force as the “Community Climate Action Coalition” that would help achieve the Climate Action objectives of the Climate Action Major City Goal work program as amended to be included in the first paragraph as follows: fiscally sponsored by The Community Foundation San Luis Obispo County and; to add the Community Foundation as signatory to the MOU; and 2. Designate Council Member Gomez to serve as Task Force Council liaison and Mayor Harmon to serve as backup. 12. CONSIDER ACTIONS RELATED TO THE ANIMAL SERVICES SHELTER AGREEMENT City Manager Johnson 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 VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: Receive a report on the regional effort to build an animal services shelter and consider actions related to the potential withdrawal of other participating cities from the joint agreement to finance and construct a replacement animal services shelter. Packet Pg 91 6 San Luis Obispo City Council Minutes of October 24, 2017 Page 10 COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon reported having attended a Chamber Net Zero Workshop, an SCLC meeting, the Economic Vision Cannabis Regulation Open House, and stated that she is a member of the Men’s Colony Citizens Advisory Committee and recently viewed a presentation on prison gangs. ADJOURNMENT The meeting was adjourned at 10:44 p.m. Adjourn to a Regular City Council Meeting to be held on Tuesday, November 7, 2017 at 4:00 p.m., and 6:00 p.m., in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Carrie Gallagher City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 92 6 San Luis Obispo Page 1 Tuesday, January 16, 2018 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, January 16, 2018 at 5:30 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 Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, 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. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1) Title: City Manager ADJOURNED AT 5:50 PM TO THE REGULAR MEETING OF JANUARY 16, 2018 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER Packet Pg 93 6 San Luis Obispo City Council Minutes of January 16, 2018 Page 2 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 16, 2018 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 Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Interim Deputy 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 Council Member Rivoire 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. PRESENTATIONS 1. PRESENTATION - SB1 (ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017) Pete Rodgers, Deputy Director of San Luis Obispo Council of Governments made presentation regarding SB1 – Road Repair and Accountability Act of 2017. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Luke Dunn ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 2 thru 8. Packet Pg 94 6 San Luis Obispo City Council Minutes of January 16, 2018 Page 3 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 JANUARY 5, 2018 CARRIED 5-0, to approve the minutes of the City Council special meeting of January 5, 2018. 4. OPEN SPACE MAINTENANCE PLAN PROGRESS REPORT CARRIED 5-0, to receive and file the Parks and Recreation Department’s Open Space Maintenance Plan 2017 Progress Report and the Open Space Kiosk Panels. 5. 2017 ANNUAL PROGRESS REPORT FOR THE 2020 PARKS AND RECREATION STRATEGIC PLAN CARRIED 5-0, to receive and file the 2017 Annual Progress Report for the 2020 Parks and Recreation Strategic Plan. 6. MEMORANDUM OF AGREEMENT FOR CREATION OF A GROUNDWATER SUSTAINABILITY PLAN CARRIED 5-0, to authorize the Mayor to sign the Memorandum of Agreement Regarding Preparation of a Groundwater Sustainability Plan for the San Luis Obispo Valley Groundwater Basin. 7. TRANSIT ASSET MANAGEMENT (TAM) PLAN CARRIED 5-0, to approve submittal of The City of San Luis Obispo’s TAM Plan and Goal to the Federal Transit Administration (FTA). 8. ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, SENATE BILL 1 (SB1) STATE OF GOOD REPAIR GRANT APPLICATION(S) CARRIED 5-0, to: 1. Adopt Resolution No. 10857 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the execution of the certifications and assurances for the California State of Good Repair Program” authorizing the City Manager, or his designee, to execute and file grant applications with the State of California to receive SB1 grant funds for transit projects and to execute any related grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City on an ongoing basis; and 2. Approve a budget amendment to reflect received grant funds, if awarded; and 3. Approve the appropriation of grant money for the procurement of City-approved Transit CIP projects. Packet Pg 95 6 San Luis Obispo City Council Minutes of January 16, 2018 Page 4 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 9. PUBLIC HEARING - PILOT PROGRAM FOR WINTER OPEN SPACE HOURS OF USE (CONTINUED FROM OCTOBER 24, 2017) City Manager Johnson introduced the item and Natural Resources Manager Hill provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Phil Ashley Jeff Jantos Bob Mourenza Julie Nanninga Tim Wilkinson Dianna Beck Jackie Snider Robert Wilkens Mike Bennett, Bike SLO County Thomas Shumard Gary Felsman Garrett Otto Lisa Hall Eric Langlais Connor Culhane, Central Coast Concerned Mountain Bikers Michelle Fletcher Danilu Ramirez Doug Tait, Motorcoast Audubon Society Kathleen O’Neill Allan Cooper Lynne Slivovsley Kathryn Hicks Mary Ciesinski, ECOSLO Lydia Mourenza John Ashbaugh Valene Trenev Cheryl McLean Wendy Lucas Rich Graziano & Amy West Genevieve Gech Adolf Czech Richard Krejsa Bill Waycott Jim Aaron F Mila Vujovich– La Barre ---End of Public Comment--- Packet Pg 96 6 San Luis Obispo City Council Minutes of January 16, 2018 Page 5 ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 3-2 (CHRISTIANSON NO, PEASE NO) to: 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 Resolution No. 10858 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Mitigated Negative De claration for a pilot program for winter open space hours of use.” RECESS Council recessed at 8:40 p.m. and reconvened at 8:52 p.m., with all Council Members present. 10. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT REPORT, AND ANNUAL AUDIT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR 2016-17 Finance Director Bradford and Accounting Manager Pardo provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to accept the Comprehensive Annual Financial Report, Single Audit Report, and annual audit of the Transportation Development Act Funds for Fiscal Year 2016-17. 11. REVIEW OF THE 10-YEAR CAPITAL IMPROVEMENT PLAN (CIP) AND POTENTIAL FUNDING OPTIONS Public Works Director Grigsby and Finance Director Bradford 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--- Packet Pg 97 6 San Luis Obispo City Council Minutes of January 16, 2018 Page 6 By concensus, Council received a presentation on the 10-Year CIP, including potential funding options, and directed staff to: 1. Continue to refine project list 2. Focus on rightsizing projects and funding strategy 3. Project prioritization should focus on implementing high impact projects 4. Align delivery timeframe with funding constraints 5. Common interest to implement projects beyond maintenance of existing assets 6. Provide additional information regarding future funding strategies for enhancement of existing assets and new projects COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease reported on attending a working day at City Farm, she noted volunteer and joint work effort along with Pacific Beach HS, she encouraged residents to see what the program is all about. Mayor Harmon, noted attending a Common Ground Advisory Task Force Meeting held in joint efforts with the San Luis Coastal Unified School District; she reported on the most recent Mayor’s Advisory Body Quarterly Meeting noting important efforts on the part of all City Advisory Bodies; she added her attendance at the Cal Poly Weekend Hot House Hackathon. Council Member Rivoire reported that he will be speaking at an upcoming City-County Library presentation regarding sexual harassment and men’s role in the dialogue Council Member Pease noted that the annual Advisory Body recruitment period is currently underway and that applications are due this coming Friday. ADJOURNMENT The meeting was adjourned at 10:20 p.m. The next Regular City Council Meeting is scheduled for Tuesday, February 6, 2018 at 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, San Luis Obispo, California. __________________________ Carrie Gallagher City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 98 6 Tuesday, February 6, 2018 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, February 6, 2018 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 Aaron Gomez, Andy Pease, Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: Vice Mayor Carlyn Christianson City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Interim Deputy City Manager; and Teresa Purrington, Acting 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: Application of Pacific Gas and Electric Company for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, And Recovery of Associated Costs Through Proposed Ratemaking Mechanisms (U39E) A: 16-08-006 RECESSED AT 3:55 P.M. TO THE REGULAR MEETING OF TUESDAY, FEBRUARY 6, 2017 TO BEGIN AT 4:00 P.M. Packet Pg 99 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 2 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 6, 2018 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 Dan Rivoire, Aaron Gomez, Andy Pease, and Mayor Heidi Harmon. Council Members Absent: Vice Mayor Carlyn Christianson City Staff Present: Derek Johnson, City Manager; Christine Dietrick, Cit y Attorney; Greg Hermann, Interim Deputy City Manager; Teresa Purrington, Acting City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 1. PUBLIC HEARING - REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO DEVELOP 36 AFFORDABLE HOUSING UNITS AT 3175 VIOLET STREET Community Development Deputy Director Fowler and Planning Technician Vereschagin provided an in-depth staff report and responded to Council questions. Public Comments: Scott Smith ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 4-0-1 to: Adopt Resolution No. 10859 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the incurring of a tax -exempt obligation by the Housing Authority of the City of San Luis Obispo for the purpose of providing financing for the construction of Courtyard at the Meadows,” to develop 36 affordable housing units at 3175 Violet Street. Packet Pg 100 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 3 2. PUBLIC HEARING - ORDINANCE INTRODUCTION - REGULATING THE USE OF CITY FUNDS FOR SPECIFIED PLASTIC BOTTLED BEVERAGES, IN COMPLIANCE WITH RECENTLY ADOPTED ORDINANCE NUMBER 1641 (2017 SERIES) Finance Director Bradford and Purchasing Analyst Eriksson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0-1 to introduce Ordinance No. 1644 (2018 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding section 3.24.075(f) to the Municipal Code in compliance with recently adopted chapter 8.07 regulating single-use plastic beverage bottles.” With the following change: F. It is the policy of the City of San Luis Obispo that City funds shall not be used to purchase single-use plastic bottled beverages of less than 21 ounces or single-use plastic drink containers, as provided in Chapter 8.07 of this Code. 3. WATER AND WASTEWATER RATE SETTING METHODOLOGY Utilities Director Mattingly, Utilities Project Manager Metz and Koorn, HDR Engineering provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- By consensus, Council directed staff to proceed with the next steps of the rate setting process based on the methodology presented. RECESSED TO THE REGULAR MEETING OF TUESDAY, FEBRUARY 6, 2017 TO BEGIN AT 6:00 P.M. Packet Pg 101 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 4 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 6, 2018 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 Dan Rivoire, Aaron Gomez, Andy Pease, and Mayor Heidi Harmon. Council Members Absent: Vice Mayor Carlyn Christianson City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Interim Deputy City Manager; Teresa Purrington, Acting 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 Andy 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 Allan Cooper Adam Stowe Peggy Koteen ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0-1 to approve Consent Calendar Items 4 thru 10. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0-1, to waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 9, 2018 Packet Pg 102 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 5 CARRIED 4-0-1, to approve the minutes of January 9, 2018. 6. AFFORDABLE HOUSING FUND ALLOCATION FOR COURTYARD AT THE MEADOWS ($630,000) Public Comments: Elaine Archer ---End of Public Comments--- CARRIED 4-0-1, to adopt Resolution No. 10860 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving affordable housing fund award to the Housing Authority of San Luis Obispo and San Luis Obispo Nonprofit Housing Corporation for Courtyard at the Meadows in the amount of $630,000,” to assist with construction costs for a 36-unit affordable housing project at 3175 Violet Street. 7. MODIFICATIONS TO PROJECT MITIGATION MEASURES AND CONDITIONS OF APPROVAL ASSOCIATED WITH FINAL MAP #3063-PHASE 1 (RIGHETTI RANCH – ORCUTT AREA SPECIFIC PLAN [OASP]) TO ALLOW INFRASTRUCTURE, BUILDING PERMIT ISSUANCE AND OCCUPANCY PERMIT PHASING, INCLUDING CONSIDERATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS AND CONSISTENCY DETERMINATIONS REGARDING THE PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION (2015) AND OASP FINAL EIR (2010) (MOD #1220- 2017; 3987 ORCUTT ROAD) Public Comments: Allan Cooper Kathy Borland Steve Delmartini ---End of Public Comments--- CARRIED 4-0-1, to adopt Resolution No. 10861 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving amendments to mitigation measures and conditions of approval for an approved subdivision (mod-1220- 2017; tract #3063 a.k.a. “Righetti Ranch”; 3987 Orcutt Road). 8. AMENDMENTS TO THE BICYCLE ADVISORY COMMITTEE BYLAWS AND ADOPTING A REVISED ADVISORY BODY HANDBOOK Public Comments: David Figueroa Lea Brooks Jamie Woolf Packet Pg 103 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 6 ---End of Public Comments--- CARRIED 4-0-1 to adopt Resolution No. 10862 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Bylaws of the Bicycle Advisory Committee to include pedestrian transportation, changing the committee name to the Active Transportation Committee, and adopting a revised Advisory Body Handbook.” 9. AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRANT FUND/TRAFFIC IMPOUND ACCOUNT TO PURCHASE EQUIPMENT RELATED TO TRAFFIC SAFETY CARRIED 4-0-1 to appropriate $13,800 from available fund balance in the Law Enforcement Grant Fund/Traffic Impound Account to purchase a portable Traffic Collision/Crime Scene Reconstruction System 10. MULTI-JURISDICTIONAL HAZARD MITIGATION GRANT PROGRAM CARRIED 4-0-1 to: 1. Authorize Fire Department to participate in a grant application process from the Federal Emergency Management Agency (FEMA) for funding to develop a multi-jurisdictional Local Hazard Mitigation Plan (LHMP) through a fund match by the City not to exceed $7,500; and 2. Authorize City Manager to execute documents necessary to appropriate the grant funds upon notification that the grant has been awarded. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 11. 2016 TRAFFIC SAFETY REPORT Transportation Manager Hudson and Transportation Engineer Crisp provided an in-depth staff report and responded to Council questions. Public Comments: Jeff Brubaker ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0-1 to: Receive the 2016 Traffic Safety Report and approve the recommended traffic safety measures. 12. PUBLIC HEARING - BROAD STREET BICYCLE BOULEVARD (ANHOLM BIKEWAY) PLAN Transportation Manager Jake Hudson and Transportation Engineer Luke Schwartz provided Packet Pg 104 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 7 an in-depth staff report and responded to Council questions. Public Comments: Wesley Bisheff Payton Shoresman Milo Skapinsky Donette Dunaway David Hofemeister Michael Borger Tim Wilkinson Jeff Brubaker Jesse Englert Chris Murphy Laura Slaughter Corliss Campbell Steven Ford Kate Murray Jan Smith Joe Thompson Michael Velasquez Shannon Klisch Crissa Hewitt Tom Disanto Arielle Ellis RECESS Council recessed at 8:14 p.m. and reconvened at 8:27 p.m., with all Council Members present. Dave Romero Richard Schmidt Anne Hodges Bob Shambron Paul Allen Dana Justesen Trexler Myron Amerine Lea Brooks John Ashbaugh David Glidden Kathy Borland Cheryl McLean Mila Vujovich LaBarre Gina Hafemeister Allan Cooper Mike Bennett Keith Gurney Jeffery Speck Niels Grether Packet Pg 105 6 San Luis Obispo City Council Minutes of February 6, 2017 Page 8 Kim Bisheff Jonathan Roberts John Valpey John Clements James Lopes Chenin Otto Garrett Otto Chuck Slem Barry Rands Derek Sen ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0-1 to conceptually adopt a modified Anholm Bike Way plan and proceed with Phase 1 as presented, phase 2 with traffic calming, signage and crosswalks along Broad and Chorro, in lieu of a cycle track and parking removal as shown in the hybrid example presented at the meeting, and phase 3 with reconsideration of protected lanes, traditional bike boulevard on Broad Street, and other traffic calming measures at that time. Also, direct staff to initiate the process for establishing a parking district, if desired by the neighborhood. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease reported on attending Channel Counties League of California Cities quarterly dinner in Thousand Oaks. Mayor Harmon, noted attending a SCLC, and APCD meetings, Top 20 UNDER 40, Diablo Canyon tour, ASI at Cal Poly, and spoke at Chinese New Year and AACP meetings. ADJOURNMENT The meeting was adjourned at 11:03 p.m. The next Regular City Council Meeting is scheduled for Tuesday, February 20, 2018 at 3:30 p.m., 4:00 p.m., and 6:00 p.m., in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 106 6