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HomeMy WebLinkAbout12-01-2015 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo f Tuesday, December 1, 2015 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, December 1, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATION 1. PRESENTATION - CERTIFICATE OF RECOGNITION TO OUTGOING VICE MAYOR JOHN ASHBAUGH Mayor Marx presented a Certificate of Recognition and a token of appreciation from Palazzo Giuseppe to outgoing Vice Mayor Ashbaugh. 2. PROCLAMATION - GIVING TUESDAY Mayor Marx presented a proclamation to Lesley Santos Dierks, and Jenna Smith representing Spokes, declaring December 1, 2015 as "Giving Tuesday." San Luis Obispo City Council Minutes of December 1, 2015 _ Page 2 APPOINTMENTS 3. VICE MAYOR APPOINTMENT FOR 2016 Assistant City Clerk Maier presented the contents of the City Council Agenda Report. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to appoint Council Member Dan Carpenter as Vice Mayor to serve a one-year term commencing upon appointment. 4. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION (HRCT Assistant City Clerk Maier presented the contents of the City Council Agenda Report. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to appoint Paul Orton to the Human Relations Commission, to complete an unexpired term through March 31, 2017. PUBLIC COMMENT PERIOD Donald Hedrick, San Luis Obispo, inquired about his comments at the previous council meeting regarding geoengineering; opined that local government should not rubber stamp the citizens. Jason Wells, Templeton, spoke about Leadership San Luis Obispo's 2016 Legacy Leadership project; stated that the leadership class will design phase one of the project; noted that input from the City Council and public is welcomed during the planning approval process. Stephanie Teaford, San Luis Obispo, spoke about her role as the community liaison for the President's Office at Cal Poly; noted that her last day as community liaison will be at the end of January; announced that Courtney Kienow has accepted the role as Director of Community Relations. Jeffery Specht, San Luis Obispo, inquired about the recruitment process of the new Police Chief, stated that seniors have expressed concerns about disturbances at the bars located in the downtown area; identified that the City hired two Community Action Team (CAT) officers to help with the problems in the downtown. Harry Busselen, San Luis Obispo, thanked staff for providing him with an update about the City's creeks; opined that the public has a lack of knowledge about the creeks and the potential problems associated with flooding; suggested that staff include information about the City's creeks and creek maintenance requirements with the Fire departments annual utility billing notification. Bob Shanbrom, San Luis Obispo, expressed concerns that the City has not prepared for the upcoming climate change; recommend that Council preserve the City's water for the future. San Luis Obispo City Council Minutes of December_ 1, 2015 Page3 CONSENT AGENDA Donald Hedrick, San Luis Obispo, requested that Item 7 be pulled and discussed; suggested utilizing City busses to display public art; stated that public art could be a tourist attraction which would add diversity to the City. In response to public comment, Council Member Ashbaugh explained the background for Item 7. In response to public comment, Mayor Marx stated that the Public Art Master plan is scheduled for Spring 2016, noting that public input is encouraged. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to approve Consent Agenda Items 5 thru 12. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 6. MINUTES OF THE CITY COUNCIL MEETING OF OCTOBER 20, 2015 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to approve the Minutes of the City Council meeting of October 20, 2015. 7. ALLOCATION OF PUBLIC ART FUNDS FOR UTILITY BOX ART AND PUBLIC ART MAINTENANCE PROJECTS FOR 2015-17 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to: 1. Approve the appropriation of $35,126 in 2015-16 Development Art -In -Lieu fees to the Public Art Fund in support of Public Art projects. 2. Approve the use of Public Art funds in the amount of $48,000 for the repainting of the Utility Box Art program Phase One; and 3. Approve the use of Public Art funds in the amount of $28,500 for the public art maintenance projects. 8. AMEND THE JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COASTAL UNIFIED SCHOOL DISTRICT (SLCUSD) MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to approve Amendment Number One to the Joint Use Agreement between the City and the SLCUSD and authorize the Mayor to execute the agreement. San Luis Obispo City Council_ Minutes of December I, 20I5 Page 4 9. EXTENSION OF THE LAGUNA LAKE GOLF COURSE CONCESSIONAIRE LEASE AGREEMENT WITH ACHIEVEMENT HOUSE, INC. AND REDUCTION OF RENTAL PAYMENT MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to: 1. Eliminate rental payments during the initial term of the Amended Concessionaire Agreement between the City and Achievement. Hrnise, Inc., and 2. Authorize Amendment Number 2 to Agreement which approves an extension of the Concessionaire Lease between the City and Achievement House through October 19, 2019 at a rental rate of $1,800 per annum. 10. SLO BASEBALL ALLIANCE (SLO BLUES) STADIUM USE AGREEMENT MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to approve a Stadium Use Agreement with the SLO Baseball Alliance, LLC (the "SLO Blues") for the use of San Luis Obispo Baseball Stadium at Sinsheimer Park for 2015 to 2021 and authorize the Mayor to execute the Agreement. 11. ADMINISTERING AGENCY -STATE COOPERATIVE WORK AGREEMENTS FOR FEDERAL AID PROJECTS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to adopt Resolution No. 10677 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Director of Public Works to execute cooperative work agreements with the State of California Department of Transportation," for Federal Aid projects and any subsequent program supplements. 12. AUTHORIZE REQUEST FOR PROPOSAL FOR PARKING CITATION PROCESSING SERVICES, SPECIFICATION NO 91430 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to: 1. Authorize the issuance of a Request for Proposal (RFP) for Parking Citation Processing Services, Specification No. 91430, and 2. Authorize the City Manager to enter into a contract with the successful bidder should proposals be within the authorized budgeted amount. San Luis Obispo City Council Minutes of December 1, 2015 Pa ee55 PUBLIC HEARINGS 13. CONSIDERATION OF A MEMORANDUM OF AGREEMENT FOR INTERIM WATER AND SEWER SERVICE ASSOCIATED WITH THE PROPOSED ANNEXATION OF APPROXIMATELY 40 ACRES OF PROPERTY ALONG FIERO LANE AND CLARION COURT - PROJECT INCLUDES AN ADDENDUM TO THE AIRPORT AREA AND MARGARITA AREA ENVIRONMENTAL IMPACT REPORT — ORDINANCE INTRODUCTION Community Development Director Codron and Associate Planner Carloni narrated a PowerPoint presentation entitled "Fiero Lane/Clarion Court ANNX -1166-2015" and responded to City Council inquiries. Each Council Member disclosed their ex -parte communications with the applicants regarding this project. Mayor Marx opened the Public Hearing. Matt Quaglino, Applicant, urged the City Council's support for the annexation of Fiero Lane and Clairon Court area; opined that the City policy for the double -rate was intended to discourage outside users from requesting water service; noted that he disagreed with a Council Memorandum which stated that property values will increase if they are annexed; opined that property values are based on income not on utility companies; stated that if the project is unable to move forward then they will be forced to upgrade their system and water sources. Rob Miller, Applicant, explained the process of the interim water service; clarified that the infrastructure that provides the current water service will remain in place during the interim period; stated that the wastewater plant will not be relocated until 2019; noted that the Fiero Lane and Clairon Court areas are accustomed to be water efficient due to their limited water supply. Donald Hedrick, San Luis Obispo, opined that there is a need for additional water resources; suggested utilizing well water as a resource; recommended extending the City's sewer line. Bob Shanbrozn, San Luis Obispo, expressed concerns regarding the applicant's low water supply; opined that a supplemental Environmental Impact Report (EIR) should be a requirement for this project; urged Council to not move forward with the annexation. Rob Miller, Applicant, described the current water source for Fiero Lane Water Company, noting that the water quality was poor and costly to treat; stated that of the 20 acre feet of water use, 80% of the water will be sent back to the City as recycled water. There being no others desiring to speak on this item, the Public Hearing was closed. In response to public comment, Utilities Director Mattingly explained that the City does have enough water to handle the annexation; stated that the 20 acre feet of water use has been incorporated into the City's long range water resource calculation. San Luis Obispo City Council Minutes of December 1, 2015 Page_6 Following discussion, MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Adopt Resolution No. 10678 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving and authorizing the Mayor to execute a Memorandum of Agreement regarding the proposed annexation along Fiero Lane and Clarion Court and the provision of Interim Water and Sewer service (850 Fiero Lane)," with the following revisions: a. Amend Section 5, Interim Water and Sewer Service, Subsection A, Interim Hook -Up of the Memorandum of Agreement to read as follows: "...CITY shall have no obligation whatsoever to provide COMPANY with water or sewer service prior to Annexation. COMPANY further acknowledges and agrees that CITY shall have no obligation whatsoever to provide interim water and/or sewer service under this Section 5 unless and until COMPANY provides CITY with all necessary documents for the City's Annexation applietion to initiate proceedings for the annexation of the Area into the City's boundaries. During the Interim Service Period, COMPANY shall continue to provide its customers with..." Approve an Addendum to the Airport Area and Margarita Area Environment Impact Report. Introduce Ordinance No. 1627 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Municipal Code Chapter 13.16 to allow Interim Water and Sewer Service associated with the proposed future annexation of the Fiero Lane and Clarion Court area (850 Fiero Lane)." BUSINESS ITEMS 14. ACTION FOR CITY CIVILITY REPORT RECOMMENDATIONS Police Captain Staley and Neighborhood Outreach Manager Wallace narrated a PowerPoint presentation entitled "Implementation of Community Civility Report Recommendations" and responded to City Council inquiries. Donald Hedrick, San Luis Obispo, voiced concerns regarding the use of door hangers in the City; stated that door hangers are not encouraged in this town; questioned staff as to why the public would want to register their party; opined that City ordinances should not go into effect without a permanent Police Chief. Carolyn Smith, San Luis Obispo, thanked staff and Cal Poly for the creation of the Neighborhood Civility Working Group; opined that noise is still a problem for the residents that live near Cal Poly; recommended that staff consider adding a noise abatement technician position in the Police Department; concurred with the Residents for Quality Neighborhoods (RQN) letter regarding increasing the number of resident voting members for the Student Community Liaison Committee (SCLC). San Luis Obispo City Council Minutes of December 1, 2015 Page 7 Sandra Rowley, Residents Quality Neighborhoods (RQN), spoke in favor of adding a noise abatement technician positon in the Police Department; expressed disappointment that the City Council and City residents were not given enough time to review the language and recommendations of this report; spoke in support of not providing a map or listing of rental properties. Camille Small, San Luis Obispo, spoke on her past experience interacting with students in the neighborhoods in the evening; opined that Cal Poly needs to provide more student activities to prevent late night neighborhood parties. Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Approve implementation strategies for the City led Neighborhood Wellness/Community Civility recommendations with the following revision: a. Section 10 to read as follows: "Work with the City to generate a neighborhood map of housing rental properties and provide outreach to student renters by funding welcome bags for neighbors to distribute to establish positive interactions. Action: Currently, SLOPD Neighborhood Outreach provides rack cards and door hangers to residents wishing to conduct focused outreach to various properties/residents. In addition, the Police Department and Code Enforcement "Walk and Talks" are the personal contacts and provision of educational materials to thousands of residents at the beginning of the academic year. Neighborhoods, such as Alta Vista, visit properties annually with a welcome letter sharing information and expectations with new residents. Given limited resources and funding, the City is not in a position to complete this objective. cher 2. Request that the Student Community Liaison Committee consider modifying the Memorandum of Understanding to add two additional voting members who are non- student residents. MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY MAYOR MARX, CARRIED, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH VOTING NO), to: make no changes to the City membership of the Student Community Liaison Committee. LIAISON REPORTS Council Liaison reports were received from Council Members Ashbaugh, Christianson and Mayor Marx. San Luis Obispo City Council Minutes of December 1, 2015 Page 8 COUNCIL COMMUNICATIONS None. ADJOURNMENT The next Regular City Council Meetings are scheduled for Tuesday, December 15, 2015 at 4:00 p.m. and 6:00 p.m., in the Council Hearing Room and Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. �olabehere City Clerk APPROVED BY COUNCIL: 01/19/2016