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HomeMy WebLinkAbout08-20-2019 Minutes San Luis Obispo Page 1 Tuesday, August 20, 2019 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 20, 2019 at 5:30 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, Erica A. Stewart, Vice Mayor Andy Pease, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, 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 REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8 Property: APNs 002-352-014; 002-352-022 Agency Negotiators: Derek Johnson, City Manager J. Christine Dietrick, City Attorney Charles Bell, Assistant City Attorney Greg Hermann, Deputy City Manager Robert Hill, Interim Deputy Director San Luis Obispo City Council Minutes of August 20, 2019 Page 2 Negotiating Parties: Steve and Gina Nelson, Owners Rob Strong, Agent Under Negotiation: Price and terms of payment B: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8 Property: APN 002-401-002 Agency Negotiators: Derek Johnson, City Manager J. Christine Dietrick, City Attorney Charles Bell, Assistant City Attorney Greg Hermann, Deputy City Manager Robert Hill, Interim Deputy Director Negotiating Parties: The Peace Project Ken Haggard, Representative Angela Tahti, Representative Under Negotiation: Price and terms of payment ADJOURN AT 6:00 P.M. TO THE REGULAR MEETING OF AUGUST 20, 2019 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA San Luis Obispo City Council Minutes of August 20, 2019 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, August 20, 2019 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, Erica A. Stewart, Vice Mayor Andy Pease, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that on Item A, the property referred to as “La Loma Adobe”, the Council provided direction on price and terms and no further reportable direction was provided and on Item B, the property referred to “Butron Adobe”, by consensus Council would like to staff to solicit the community’s interest on re-use or restoration of the site before any further action is taken by Council. PLEDGE OF ALLEGIANCE Council Member Gomez led the Pledge of Allegiance. INTRODUCTIONS DEPUTY FIRE CHIEF - MICHAEL ALFORQUE Fire Chief Keith Aggson introduced Deputy Fire Chief Michael Alforque. UTILITIES DEPUTY DIRECTOR – WATER – MYCHAL BOERMAN Utilities Director Aaron Floyd introduced Utilities Deputy Director - Water Mychal Boerman CITY MANAGER UPDATE City Manager Derek Johnson provided an update on current projects. San Luis Obispo City Council Minutes of August 20, 2019 Page 4 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Tim Mahoney Jeffery Specht Odile Ayral Diane Duenow Fred Starbuck Rebecca August Don Hedrick Mike Horgan John Ashbaugh ---End of Public Comment--- By majority consensus the Council directed staff to prepare a resolution opposing BLM Bakersfield Office Oil Drilling and Fracking and bring it back before Council. CONSENT AGENDA PUBLIC COMMENT Item 10 - Jonathan Roberts Item 6 and 10 - Don Hedrick Item 4 - Jason Flanagan Item 4 - Bernadette Bernardi Item 4 - Jane Pomeroy Item 4 - Kristen Rambo Item 5 - Mark Borges Item 5 - Rob Moore Item 5, 6, & 10 - Myron Amerine Item 4 - Susan Graves Items 3, 4, 5, 10, 11, and 12 Pulled from Consent ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 2, 6, 7, 8, and 9. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 6. ACQUISITION OF REAL PROPERTY AND EASEMENTS FOR CALIFORNIA/TAFT ROUNDABOUT CARRIED 5-0, to: 1. Approve an agreement with Universal Management LLC in the amount of $61,425 and authorize the Mayor to execute all documents in a form subject to approval of the City Attorney to facilitate the acquisition of real property and easements associated with the California/Taft Roundabout; and 2. Authorize payment from the City to 7-Eleven in a total amount of $5,125.25 to relocate San Luis Obispo City Council Minutes of August 20, 2019 Page 5 business signage. 7. DEPARTMENT OF JUSTICE LIVESCAN RESOLUTIONS – CLETS CARRIED 5-0, to: 1. Adopt Resolution No. 11034 (2019 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Human Resource’s Staff to access State and Federal Level Summary Criminal History for Employee Background Information through the Department of Justice” for those positions with potential system or physical access to information from the California Law Enforcement Telecommunications System (CLETS), California Department of Justice “Livescan”, and/or the Department of Motor Vehicles, and Department of Social Services; and 2. Adopt Resolution No. 11035 (2019 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Parks and Recreation Staff to access State and Federal Level Summary Criminal History for Employee Background Information through the Department of Justice” for those positions with potential system or physical access to information from the California Law Enforcement Telecommunications System (CLETS), California Department of Justice “Livescan”, and/or the Department of Motor Vehicles, and Department of Social Services. 8. RESOLUTION ACCEPTING CALTRANS CLIMATE CHANGE ADAPTATION GRANT CARRIED 5-0, to adopt Resolution No. 11036 (2019 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the Caltrans Adaptation Planning Grant for the project titled “Resilient San Luis Obispo.” 9. RESPONSE TO GRAND JURY REPORT – DNA TRAINING FOR OFFICERS CARRIED 5-0, to receive and file the County of San Luis Obispo Grand Jury response regarding Officer training in DNA collection and preservation. ITEMS PULLED FROM CONSENT 3. DRAFT MINUTES REVIEW - JULY 16, 2019 CITY COUNCIL MEETING ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0, approve the minutes of the City Council meeting held on July 16, 2019. San Luis Obispo City Council Minutes of August 20, 2019 Page 6 4. CONSIDERATION OF THE 2019-20 HUMAN RELATIONS COMMISSION GRANTS-IN-AID FUNDING RECOMMENDATIONS ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. As recommended by the Human Relations Commission, approve the 2019-20 Grants-in- Aid funding allocations in the amount of $140,000; and 2. To redistribute $10,000 to Stand Strong; and 3. Authorize the Community Development Director to execute agreements with each grant recipient. 5. INCREASE PARKING CITATION FINES FOR VIOLATIONS OF MUNICIPAL CODE SECTION 10.36.050 FOR VEHICLE STORAGE ON CITY STREETS ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 3-2 (COUNCIL MEMBER STEWART AND MAYOR HARMON VOTING NO), to adopt Resolution No. 11033 (2019 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, increasing parking citation fines for violation of Municipal Code Section 10.36.050 for storage of vehicle on city streets” revising parking fines and forfeitures to $75. 10. ACQUISITION OF REAL PROPERTY AND EASEMENTS AND TRANSFER OF FUNDING FOR RAILROAD SAFETY TRAIL: TAFT TO PEPPER PROJECT ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to: 1. Authorize the City Manager to execute easements and deed agreements for construction and permanent real property acquisition with Union Pacific Railroad associated with the Railroad Safety Trail Taft to Pepper in a total amount not to exceed $132,000 including title and escrow charges in a form subject to approval by the City Attorney, and 2. Authorize the City Manager to execute easements and deed agreements for construction and permanent real property acquisition with the owners of the McLaughlin Property associated with the Railroad Safety Trail Taft to Pepper in a total amount not to exceed $89,000 including title and escrow charges in a form subject to approval of the City Attorney, and 3. Approve the transfer of $496,000 from Transportation Impact Fee accounts to the Railroad Safety Trail project account (91375) for all other needed property acquisition, and 4. Approve the transfer of $2,399,000 from Transportation Impact Fee accounts to the Railroad Safety Trail project account (91375) for construction. San Luis Obispo City Council Minutes of August 20, 2019 Page 7 11. GRANT APPLICATION FOR THE SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT AB 617 GRANT FUNDS FOR A TRANSIT BUS YARD INFRASTRUCTURE UPGRADE STUDY ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0, to authorize the City Manager, to execute and file a grant application with the San Luis Obispo County Air Pollution Control District (APCD) for an AB 617 Grant for an infrastructure upgrade study and to execute any related documents on behalf of the City. 12. WATER & WASTEWATER EMERGENCY POWER SUPPLY ACQUISITION   ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0  1. Approve a total project budget not-to-exceed $2,000,000 including design, equipment acquisition, construction costs, and contingencies, from the Water Fund, Unreserved Working Capital to fund the Water Fund portion of the Water and Wastewater Emergency Power Supply needs; and 2. Approve total project budget not-to-exceed $200,000 including design, equipment acquisition, construction costs, and contingencies, from the Sewer Fund, Unreserved Working Capital to fund the Sewer Fund portion of the Water and Wastewater Emergency Power Supply needs; and 3. Authorize “off cycle” fleet additions for new portable generator rental, lease, and/or purchases; and 4. Authorize the City Manager to execute contracts and purchase orders necessary for design, equipment acquisition, construction, and inspection associated with Water and Wastewater Emergency Power Supply needs as emergency purchases in compliance with the City’s Municipal Code sections 3.24.060B, 3.24.060E and 3.24.060F. RECESS Council recessed at 8:10 p.m. and reconvened at 8:23 p.m., with all Council Members present. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 13. PUBLIC HEARING - INTRODUCTION OF PRIVATE SEWER LATERAL ORDINANCE AND CONSIDERATION OF PRIVATE SEWER LATERAL REBATE PROGRAM Aaron Floyd Utilities Director, Dave Hix, Deputy Director, Jeremy Gearhart, Wastewater Collection Supervisor and Jennifer Metz Utilities Project Manager provided an in-depth staff report and responded to Council questions. Public Comments: Steve Delmartini Will King Graham Updegrove ---End of Public Comment--- San Luis Obispo City Council Minutes of August 20, 2019 Page 8 ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: 1. Introduce an Ordinance 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 Offset Program” related to maintenance and inspection of private sewer laterals, and wastewater flow offset program and determining the ordinance modifications are exempt from environmental review pursuant to CEQA Guidelines; as modified through the Agenda Correspondence and 2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, establishing a Private Sewer Lateral Replacement Rebate program and eliminating an Existing City Fee for Sewer Wye Installation.” With the added Section 1l: Rebates will be available to those single-family residential property owners that have replaced their private sewer lateral consistent with the requirements of this section retroactive to July 1, 2017. This rebate opportunity will be for $1000 and will be available until July 30, 2020. 14. PUBLIC HEARING - INTRODUCE AN ORDINANCE COMPREHENSIVELY UPDATING THE CITY’S SIGN REGULATIONS, INCLUDING REPEAL OF MUNICIPAL CODE SECTION 2.40.070 (CAMPAIGN SIGNS) AND REPEAL AND REPLACE MUNICIPAL CODE CHAPTER 15.40 Community Development Director Codron and Senior Planner Brian Leveille provided an in-depth staff report and responded to Council questions. Public Comments: James Papp Molly Kern ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1667 (2019 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California repealing Municipal Code Section 2.40.070 (Campaign Signs) and repealing and replacing Title 15, Chapter 15.40 of the Municipal Code (Sign Regulations)” to update the regulations for best practices, clarify terms and process, enhance graphics, and ensure consistency with the Reed V. Town of Gilbert U.S. Supreme Court Decision. With the following changes:  Exemption: City parking facilities are exempt from the EMC prohibition in order to provide information to the public regarding parking availability. This exemption is necessary for the public health, safety, and welfare of the community in order to manage unnecessary car trips and reduce greenhouse gas emissions resulting from unnecessary vehicle parking space searches in City parking facilities and to minimize driver confusion and distraction that can increase the likelihood of vehicle and pedestrian accidents and injuries.  Exempt Signs -15.40.200 San Luis Obispo City Council Minutes of August 20, 2019 Page 9 K. Signs in Residential Zones or Signs on Residential Properties in Commercial Zones. (3) Temporary signs may only be placed or in the yard area.  Reference to he/she changed to they or Applicant.  Add to Section 4 of the Ordinance 3. The regulations shall apply to application submitted after the effective date of this Ordinance. 15. PUBLIC HEARING - INTRODUCE AN ORDINANCE AMENDMENT TO TITLE 10 (VEHICLES & TRAFFIC) OF THE MUNICIPAL CODE TO UPDATE LOADING ZONE MARKING AND SIGNAGE REQUIREMENTS AND TIME LIMIT ESTABLISHMENTS AND APPROVAL OF A PILOT PROGRAM FOR LATE NIGHT PASSENGER LOADING ZONES ON DOWNTOWN STREETS Public Works Director Daryl Grigsby and Deputy Director Tim Bochum provided an in- depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to: 1. Introduce Ordinance No. 1666 (2019 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Municipal Code Title 10 regarding Vehicles and Traffic” to allow traffic control signs to be used to designate passenger loading zone and allow time restrictions for passenger loading zones to be established by Council resolution; and 2. Adopt Resolution No. 11038 entitled “A Resolution of The City Council of the City of San Luis Obispo, California, establishing a 12-month Pilot Program for Late Night Passenger Loading Zones in the Downtown” between 10:00 p.m. and 3:00 a.m. on Higuera Street, both sides, between the blocks of Garden and Broad Streets, and on Chorro Street in the existing commercial zone in front of Luna Red. With the modification to change the start time to 11:00 p.m. and Add Section 2: And to make any and all necessary adjustment to the program times to achieve desired results. 16. AMEND COUNCIL POLICIES AND PROCEDURES REGARDING COUNCIL COMPENSATION COMMITTEE AND MAKE APPOINTMENTS TO THE 2020 COUNCIL COMPENSATION COMMITTEE Deputy City Manager Greg Hermann and City Clerk Teresa Purrington provided an in- depth staff report and responded to Council questions. Public Comments: Michelle Shoresman Cal Stevens ---End of Public Comment--- San Luis Obispo City Council Minutes of August 20, 2019 _ Page 10 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER Gomez, CARRIED 5-0 to: 1. Adopt a Resolution entitled "A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedure Manual" regarding the number of members on the Council Compensation Committee; and 2. Make the following appointment to the Council Compensation Committee, effective immediately and sunsetting upon presentation of its recommendations to the City Council. a. Dan Rivoire — Previous Elected Official b. Cal Stevens — Personnel Board Member c. Audrey Bigelow — At -Large Member d. Kim Bisheff — At -Large Member e. Garrett Otto — At -Large Member f. Jenn Stubbs — At -Large Member g. Ron Yukelson — At -Large Member COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Gomez indicated he attended California Resource Recovery Association annual conference. Vice Mayor Pease attended the Climate Action Symposium, and the SCLC meeting. Council Member Stewart attended a CAPSLO board meeting and looking forward to tour of Whale Rock on Friday. ADJOURNMENT The meeting was adjourned at 10:15 p.m. The next Regular City Council Meeting is scheduled for Tuesday, September 3, 2019 at 5:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Teresa Purrington City Clerk APPROVED BY COUNCIL: 09/03/2019