HomeMy WebLinkAbout12-01-2015 MinutesCouncil Minutes
City Hall, 990 Palm Street, San Luis Obispo
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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.
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City Clerk
APPROVED BY COUNCIL: 01/19/2016