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Home My WebLink About11-01-2016 MinutesCouncil Minutes 1 City Hall, 990 Palm Street, San Luis Obispo Tuesday, November 1, 2016 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, November 1, 2016 at 4:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Council Members Absent: Council Member Carlyn Christianson 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. PUBLIC COMMENT PERIOD Kevin Rice, San Luis Obispo resident encouraged Council to consider repealing the Rental Housing Inspection Ordinance. ---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: Kevin Waddell vs. City of San Luis Obispo; San Luis Obispo County Superior Court Case No. 16CV-0491 B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION J Paragraph (1) of subdivision (d) of Government Code § 54956.9 Name of case: San Luis Obispo Property and Business Owners Association, Stephen and Janine Barasch, The Barasch Revocable Family Trust, Matthew and Jean Kokkonen, and San Luis Obispo Page I San Luis Obis ❑ Cily Council Minutes of November 1 2016 Page -2 The Kokkonen Family Trust vs. City of San Luis Obispo; San Luis Obispo County Superior Court Case No. 16CV-0493 RECESS TO REGULAR MEETING OF NOVEMBER 1, 2016 TO BEGIN AT 6:00 P.M. Saii Luis Obispo City Council Minutes of November 1, 2016 Pale 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 1, 2016 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 John Ashbaugh, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Council Members Absent: Council Member Carlyn Christianson 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 Council Member John Ashbaugh led the pledge of allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that Council met in Closed Session on two matters of existing litigation. A. Regarding Case No. 16CV-0491, Kevin Waddell versus the City of San Luis Obispo, Council voted 4-0 (CHRISTIANSON ABSENT) to authorize the defensive litigation, authorize the retention of David Fleishman to assist in defense of the City and authorize the City Manager to allocate funding for the defense; and B. Regarding Case No. 16CV-0493, San Luis Obispo Property and Business Owners Association, Stephen and Janine Barasch, The Barasch Revocable Family Trust, Matthew and Jean Kokkonen, and The Kokkonen Family Trust and Kevin Rice versus the City of San Luis Obispo; Council voted 3-1 (CARPENTER VOTING NO, CHRISTIANSON ABSENT) to authorize the defense of the action, authorize the retention of Adamski, Moroski, Madden, Cumberland and Green with Josh George and David Cumberland to represent the City and authorize the City Manager to allocate funding for defense. PRESENTATIONS 1. PROCLAMATION - ARBOR DAY Mayor Marx presented a Proclamation to City Arborist Ron Combs proclaiming November 5, 2016 as "Arbor Day in the City of San Luis Obispo." San Luis Obispo City Council Minutes of November 1, 2016 Page_4 2. PROCLAMATION -TWENTIETH ANNIVERSARY OF SLO GREENBELT Mayor Marx presented a Proclamation to Natural Resources Manager Bob Hill honoring the Twentieth Anniversary of the City of San Luis Obispo's Greenbelt Protection Program. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Georgina Bailey, Cal Poly student spoke regarding the possibility of better City promotion of the cow parade; she suggested user friendly maps be added to the City Website. David Brodie, San Luis Obispo resident spoke regarding AB 2584, land use and housing development bill, and its possible effects of the City. Andrew Harris, Cal Poly student, spoke regarding parent visitation, and suggested an outreach such as a City Website map or tour program to help visitors find points of interest to assist them in having a better experience while at the University and in the City. T1- - r+_____..,1,.,. !'1..1 n._1__ ,.a...7l..-1 1,,. ,7'..,,. 1--1, r..l---+ 1;..L.+ ;,., +L.,..-....:.7...-.1;..1 r.dyla. VlallalAJJ, l.al rely JLUUV,11L, S130KO legalulur, a MCK Vl JL11.VL 11r,11L111r, 111 L11L,+ 14J1u411L1a1 arca of the campus. Sean Cuccia, Cal Poly Student, spoke regarding the Rental Housing Inspection Ordinance, stated that landlords are demanding too much with too little given in return; he provided examples of problems he and his roommates face when dealing with their local rental management company. Katherine Walker, San Luis Obispo, spoke against the Rental Housing Inspection Ordinance, she encouraged the prior speaker to report his housing issues to City Code Enforcement and added that the key to solving these problems is educating tenants of their rights and possible fines for landlords who abuse their tenants. In response to public comment, Tourism Manager Molly Cano outlined the City's efforts to promote the Cow Parade event as well as provided a brief description of Cal Poly's partnership with the City, and spoke about tourism efforts to help better connect parents of local and future students. ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0, (CHRISTIANSON ABSENT) to approve the Consent Calendar Items 3-6. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0, (CHRISTIANSON ABSENT) to waive reading of all resolutions and ordinances as appropriate. San Luis Obispo City Council Minutes of November 1, 2016 Page 5 4. MINUTES OF SEPTEMBER 20.2016 CARRIED 4-0, (CHRISTIANSON ABSENT) to approve the Minutes of the City Council meeting of September 20, 2016. 5. TRANSIT FACILITY CLASSROOM REMODEL SPECIFICATION NO. 91384 CARRIED 4-0 (CHRISTIANSON ABSENT) to: 1. Approve plans and specifications for the "Transit Facility Classroom Remodel, Specification No. 91384"; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award a construction contract to the lowest responsible bidder if the bid is within the Engineer's Estimate of $130,000. 6. RAILROAD SAFETY TRAIL CLASS I CONNECTION — LAUREL & ORCUTT SPECIFICATION NO. 91373 CARRIED 4-0 (CHRISTIANSON ABSENT) to: 1. Approve plans and specifications for the Railroad Safety Trail Class I Connection - Laurel & Orcutt project, Specification No. 91373; and 2. Authorize staff to formally advertise for bids; and 3. Authorize the City Manager to award the construction contract if the lowest bid is within the Engineer's Estimate of $159,000. PUBLIC HEARING 7. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT Tourism Manager Cano provided a staff report and responded to Council inquiries. City Clerk Gallagher stated that there were two written protests received and validated in advance of the Public Hearing, in addition there was one un -validated protest received during the Public Hearing and based on the total percentage needed, this does not amount to a legally sufficient protest. Public Comments: David Brodie, San Luis Obispo spoke regarding limited water availability and asked Council to consider this when making any decisions. ---End of Public Comment --- San Luis Obispo Cily Council Minutes of November 1 2016 Page 6 ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 4-0, (CHRISTIANSON ABSENT) to: adopt Resolution No. 10751 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District, and affirming the establishment of the district" for fiscal year 2016-17. 8. INTRODUCTION OF AN ORDINANCE TO ADOPT BY REFERENCE THE 2016 CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS Chief Building Official Schneider, and Fire Marshall Maggio provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquiries. Public Comments: Katherine Walker, San Luis Obispo spoke regarding issues she had with the current staff report; she noted the current cost of a building permit and felt there was a problem with the I.." +l, ..F �;__ .. .-Y.�.;+ ; —1; �4. o1, /Y l 1P[.41 /�11 Pl1 n orYPri of 111Y 1PC 41 fT ]41l�n TPP aAA-A in+n +hie 1111�L11 Vl LllllV (.1. pV11111L 1J Y W11 U, J11V �KV JLi Viivu LL JYvvla.ai aiiY vvLibw�avaa avv u.a.auvu aia.,v ..aaa.s ordinance. ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0, (CHRISTIANSON ABSENT) to introduce Ordinance No. 1630 (2016 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and amend the latest editions of the California Building Standards Codes and adopting findings of fact to support the amendments." BUSINESS ITEM 9. ADOPTION OF 2020 PARKS AND RE+"C:REATION STRATEGIC PLAN Parks and Recreation Director Stanwyck, Parks and Recreation Manager Mudgett, Facilities and Special Events Permit Supervisor Hyfield and Ranger Services Supervisor Carscaden provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquiries. Natural Resources Manager Bob Hill responded to Council questions and questions received in advance of the meeting by email correspondence from the public Public Comments: Andy Pease, San Luis Obispo spoke regarding the need of a dog park. Courtney Kienow, San Luis Obispo resident speaking in her capacity as an employee of Cal Poly, cautioned the Council that the University is not currently able to meet their demands of the student body for field use and are currently at a deficit with more demand than they can meet. San Luis Obispo City Council Minutes of November 1. 2016 Page 7 David Brodie, San Luis Obispo spoke regarding maximizing the use of parks 24 hours a day. Bob Mourenza, San Luis Obispo requested that the North Broad area park be included in the Strategic Plan Cheryl McLean, San Luis Obispo stated the need for another senior center and for a place for residents to gather. Mila Vuyovich — La Barre, San Luis Obispo expressed appreciation for the 2020 Parks and Recreation Strategic Plan update and voiced concerns that certain people and organizations were not polled regarding the proposed plan. ---End of Public Comment ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 4-0, (CHRISTIANSON ABSENT) to: adopt the 2020 Parks and Recreation Department's Strategic Plan. Mayor Marx direct staff to gather additional implementation impute from the Natural Resources Round Table. 10. PUBLIC WORKS DEPARTMENT ANNUAL REPORT Public Works Director Grigsby and Administrative Analyst Betz provided an in-depth staff report with the use of a PowerPoint presentation and responded to Council inquiries. Public Comments: None ---End of Public Comment --- By consensus, the City Council receive and filed the Public Works Department's Annual Report. LIAISON REPORTS None. COUNCIL COMMUNICATIONS Mayor Marx noted that Election Day is November 8, 2016. Vice Mayor Carpenter noted his scheduled absence from the next regular scheduled City Council Meeting of November 15, 2016. San Luis Obispo City Council Minutes of November 1, 2016 Page 8 ADJOURNMENT The meeting adjourned at 8:25 p.m. The next Regular City Council Meeting is scheduled for Tuesday, November 15, 2016 at 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. &Vj- Y', &C�� Carrie Ga11a#, er City Clerk APPROVED BY COUNCIL: 01/17/2017