HomeMy WebLinkAbout12-13-2016 Minutes.r r
Council Minutes
City Hall, 990 Palm Street, San Luis Obispo
Tuesday, December 13, 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,
December 13, 2016 at 4:00 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: 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 ON CLOSED SESSION ITEMS
Charlene Rosales, San Luis Obispo Chamber of Commerce voiced concern that the previous
decision made by the residents, remain honored and noted that the Chamber was very active in
fighting for the repeal of binding arbitration in 2011 which received overwhelming support by
the voters; she spoke regarding the need for long term fiscal responsibility.
---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: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of
California Public Employment Relations Board Case No. LA -CE -729-M
San Luis Obispo Page I
San Luis Obispo City Council Minutes of Decemhcj- 13. 2016 Paae 2
B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
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 The
Kokkonen Family Trust vs. City of San Luis Obispo; San Luis Obispo County Superior
Court Case No. 16CV-0493
RECESSED AT 5:40 P.M. TO THE REGULAR MEETING OF DECEMBER 13, 2016 TO
BEGIN AT 6:00 P.M.
San Luis Obispo City Council Minutes of December 13, 2016 Page 3
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
December 13, 2016 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: 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 Carlyn Christianson 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 and
reported that for Item B, on motion by Council Member Christianson, seconded by Vice Mayor
Rivoire, the Council voted 5-0 to authorize the defense of the amended complaint in the case
entitled: 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 vs. City of San Luis Obispo, and DOES 1 through 10,
inclusive; San Luis Obispo County Superior Court Case No. 16CV-0493, which challenges the
City Rental Housing Inspection Ordinance.
APPOINTMENTS
1. APPOINTMENT TO THE BICYCLE ADVISORY COMMITTEE (BAC) AND
TOURISM BUSINESS IMPROVL+'INL+:NT DIS'T'RICT (TBID)
City Clerk Gallagher presented the contents of the report.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
VICE MAYOR RIVOIRE, CARRIED 5-0 to:
1. Confirm the appointment of Jonathan Roberts to the Bicycle Advisory Committee to
complete an unexpired term through March 31, 2020; and
San Luis Obispo City Council Minutes of December 13 2016 Page_4
2. Confirm the appointment of Amy Swink to the Tourism Business Improvement District
to complete an unexpired term through March 31, 2017.
2. APPOINTMENT TO THE ZONE 9 ADVISORY COMMITTEE
City Clerk Gallagher presented the contents of the report.
ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to appoint Matt Horn, City Engineer, to serve
as the staff representative on the Zone 9 Advisory Committee, effective Deccmber 13, 2016,
for a te.1-m to expire on December 311, 2011 8.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Dia Hurd, San Luis Obispo, thanked staff for extending the Avila Ranch project comment period
by an extra week, she noted hopes that the next steps in the development project slows to a
reasonable pace to give residents adequate time to review the reports; she noted the difficulty of
residents having adequate time to review multiple projects at one time.
Kathy Borland, San Luis Obispo, noted her concern for the timing of completion and delivery of
a large EIR report just before the holidays; she requested a month extension be applied to the
comment period of the Avila Ranch project.
Kathie Walker, San Luis Obispo, requested that Council agenize the Rental Housing Inspection
Ordinance on the next Council meeting agenda scheduled for January 2017.
Camille Small, San Luis Obispo, suggested that Council take into consideration that some public
speakers speak for reasons to benefit themselves financially.
End of Public Comment
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 3 thru 6 and
8 thru 14.
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR
RIVOIRE, CARRIED 5-0 to approve Consent Calendar Item 7 as amended.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, waive reading of all resolutions and ordinances as appropriate.
San Luis Obispo City Council Minutes of December 13, 2016 Page 5
4. MINUTES OF OCTOBER 4, 2016 REGULAR AND JOINT CITY COUNCIL AND
PLANNING COMMISSION MEETING AND OCTOBER 18 2016 CITY COUNCIL
MEETING
CARRIED 5-0, to approve the Minutes of the Regular and Joint City Council and Planning
Commission meeting of October 4, 2016 and Regular City Council meeting of October 18,
2016.
5. APPROVAL OF THE FINAL MAP FOR TRACT 3066-1 3761 ORCUTT ROAD
(SBDV-0067-2014)
CARRIED 5-0, to adopt Resolution No. 10757 (2016 Series) entitled "A Resolution of the
City Council of the City of San Luis Obispo, California, approving the Final Map for Tract
3066 -Phase 1 (3761 Orcutt Road, SBDV-0067-2014)."
6. BIENNIAL REVIEW AND AMENDMENTS TO THE CITY'S CONFLICT OF
INTEREST CODE
CARRIED 5-0, to:
Adopt Resolution No. 10758 (2016 Series) entitled "A Resolution of the City Council of
the City of San Luis Obispo, California, amending the City's Conflict of Interest Code";
and
2. Approve a Procedure for Assessing and Waiving Late Fines for Statements of Economic
Interest.
7. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2017
(Item pulled by Council Member Pease and taken after approval of remaining Consent
Calendar)
CARRIED 5-0, to:
as amended to include and make tentative the City Council Meeting of December 19, 2017
1. Cancel the Regular City Council meetings of August 1 and December 19, 2017; and
2. Reschedule the Regular City Council meeting of July 4 to July 5, 2017.
San Luis Obispo City Council Minutes of December 13 2016 Pae 6
8. LEASE AGREEMENT WITH THE COMMUNITY ACTION PARTNERSIIIP OF
SAN LUIS OBISPO FOR THE OPERATION OF THE PRADO DAY CENTER
CARRIED 5-0, to:
Approve a lease agreement between the City of San Luis Obispo and the Community
Action Partnership of San Luis Obispo (CAPSLO) through December 31, 2017 for use
of the Prado Day Center; and
2. Authorize City Manager to approve any monthly 'lease extensions after December 31,
2017.
9. AUTHORIZE THE CITY MANAGER TO ENTER INTO A SOLE SOURCE
CONTRACT WITH THE CENTRE FOR ORGANIZATION EFFECTIVENESS
COE FOR EMPLOYEE AND LEADERSHIP DEVELOPMENT PROGRAM
CARRIED 5-0, to:
1. Authorize the issuance of a purchase order to the COE in the amount of $125,000; and
2. Authorize the City Manager to execute a sole source agreement with the COE not to
exceed $125,000 for Fiscal Year 2016-17 to continue a comprehensive employee and
leadership development and core competency program for the City of San Luis Obispo.
10. AUTHORIZE THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING(MOV) WITH THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY CJPIA TO CONTRACT WITH DISABILITY
ACCESS CONSULTANTS „ ,(DAC) TO CONDUCT AMERICANS WITH
DISABILITIES ACT COMPLIANCE WORK
CARRIED 5-0, to:
1. Authorize the issuance of a purchase order to the CJPIA in the amount of $250,000; and
2. Authorize the City Manager to enter into a MOU with the CJPIA not to exceed $250,000
for fiscal years 2016-17 and 2017-18 to have DAC conduct Americans with Disabilities
Act (ADA) compliance work.
11. ORDINANCE ADOPTION — AMENDMENT TO SECTION 13.07.030 OF THE SAN
LUIS OBISPO MUNICIPAL CODE REGARDING RESTRICTIONS ON OUTDOOR
IRRIGATION OF PUBLIC FACILITY TURF WITH POTABLE WATER
CARRIED 5-0, to adopt Ordinance No. 1631 (2016 Series) entitled "An Ordinance of the
City Council of the City of San Luis Obispo, California, amending Section 13.07.030 of the
San Luis Obispo Municipal Code regarding restrictions on outdoor irrigation of public
facility turf with potable water."
San Luis Obispo City Council Minutes of December 13, 2016 Page 7
12. RESOLUTION EXTENDING THE DELEGATION OF INVESTMENT
AUTHORITY TO THE CITY TREASURER THROUGH THE 2016-17 FISCAL
YEAR
CARRIED 5-0, to adopt Resolution No. 10759 (2016 Series) entitled "A Resolution of the
City Council of the city of San Luis Obispo, California extending the delegation of
Investment Authority to the City Treasurer through the 2016-17 Fiscal Year."
13. ADOPTION OF ADMINISTRATIVE REVIEW BOARD BYLAWS
CARRIED 5-0, to as recommended by the Administrative Review Board, adopt the
inaugural Administrative Review Board Bylaws.
14. SETTLEMENT AGREEMENT BETWEEN PACIFIC GAS AND ELECTRIC
COMPANY RELATED TO DIABLO POWER PLANT CLOSURE JOINT
PROPOSAL
CARRIED 5-0, to receive and file a settlement agreement between Pacific Gas and Electric
Company (PG&E), the County of San Luis Obispo, Coalition of Cities (City of Arroyo
Grande, City of Atascadero, City of Morro Bay, City of Paso Robles, City of Pismo Beach,
and City of San Luis Obispo), San Luis Coastal Unified School District, Friends of The
Earth, Natural Resources Defense Council, Environment California, International
Brotherhood of Electrical Workers Local 1245, Coalition of California Utility Employees,
and Alliance for Nuclear Responsibility.
BUSINESS ITEMS
15. CONSIDERATION OF SETTLEMENT AGREEMENT IN PENDING PUBLIC
EMPLOYMENT RELATIONS BOARD (PERB) ACTION BETWEEN THE SAN
LUIS OBISPO POLICE OFFICERS ASSOCIATION (SLOPOA) AND_ THE CITY
OF SAN LUIS OBISPO (CITY), UNFAIR PRACTICE CHARGE NO. LA -CE -729
City Attorney Dietrick provided an in-depth staff report with the use of a PowerPoint
presentation and responded to Council questions.
Public Comments:
John Grady, San Luis Obispo noted his previous vote for binding arbitration and belief that a
yes vote tonight would overturn the vote of the people; he requested Council further study
the item and not rush to judgement this evening.
---End of Public Comment ---
ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Approve a settlement agreement with the San Luis Obispo Police Officers Association
in the pending unfair practices case between SLOPOA and the City involving the City's
2011 election modifying the City Charter to eliminate binding arbitration and modify a
San Luis Obispo Cit Council Minutes of December 13 2016 Pae 8
retirement provision requiring voter approval of negotiated and Council approved
changes to the City's contract with the Calitbrnia Public Employees' Retirement System
(PERS).
2. Authorize the City Manager and City Attorney to execute documents necessary to
request dismissal of the action by PERB and implement the terms of the agreement.
Adopt Resolution No. 10760 (2016 Series) entitled "A Resolution of the City Council of
the City of San Luis Obispo, California, amending Resolution 6620 (1989 Series) to
establish a new dispute resolution process applicable on to the San Luis Obispo Police
Officers Association," amending Section 13.2 of the City's Employer -Employee
Relations Resolution 6620 (1989 Series) to remove the SLOPOA from application of the
existing dispute resolution process provided in that section and to add new Section 13.3
to the resolution establishing a new dispute resolution process applicable only to
SLOPOA.
16. WATER RESOURCE RECOVERY FACILITY PROJECT - FUNDING
RESOLUTIONS
Utilities Director Mattingly and Deputy Director Hix provided an in-depth staff report with
the use of a PowerPoint presentation and responded to Council questions.
Public Comments:
None
---End of Public Comment ---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to:
Adopt Resolution No. 10761 (2016 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, authorizing the reimbursement
to the State Water Resources Control Board for the financing of the Water
Resource Recovery Facility upgrade," and authorize the Utilities Director to sign
and file the financial assistance application for the Water Resource Recovery
Facility project; and
2. Adopt Resolution No. 10762 (2016 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, pledging sewer fund revenues
to the State Water Resources Control Board for the financing of the Water
Resource Recovery Facility upgrade"; and
3. Adopt Resolution No. 10763 (2016 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, seeking reimbursement from
the State Water Resources Control Board for certain advanced moneys related to
the construction of the Water Resource Recovery Facility upgrade."
San Luis Obispo City Council Minutes of December 13 2016 Page 9
17. 2017-19 FINANCIAL PLAN PROCESS, ECONOMIC OUTLOOK AND
CONSIDERATION OF PROPOSED CHANGES TO THE CITY'S BUDGET
Pn1.1r1Fc
City Manager Lichtig introduced the item; Interim Finance Director Bradford and Budget
Manager Steck provided an in-depth staff report with the use of a PowerPoint presentation
and responded to Council questions.
Consultant, Don Maruska provided overview and agendas of the upcoming 2017
Community Forum Event and Goal Setting Workshop; he noted the importance of creating
the feeling of community.
Council recessed at 8:00 p.m. and reconvened at 8:13 p.m., with all Council Members
present.
Interim Finance Director Bradford resumed and completed the 2017-19 Financial Plan
Process staff report.
Public Comments:
Paul Rys, San Luis Obispo questioned the interest rate that the City is paying on the long
term unfimded liabilities and what it means in regards to the City's debt; he questioned the
City's payments on long term pension debt in previous years.
Kathie Walker, San Luis Obispo questioned the City's unfunded liability amounts and how
reserve money will be spent; she added that use of that money should be the taxpayer's
decision stating that transparency is needed.
---End of Public Comment ---
ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Review and approve the 2017-19 Financial Plan Goal Setting Process; and
2. Review and discuss the results of the Economic Outlook for the 2017-19 Financial Plan
development; and
3. Review and approve proposed changes and direction regarding the City's Budget and
Fiscal Policies.
18. 2016 WATER RESOURCES STATUS REPORT
Utilities Director Mattingly and Deputy Director Floyd provided an in-depth staff report
with the use of a PowerPoint presentation and responded to Council questions.
Public Comments:
Allen Cooper, San Luis Obispo spoke regarding restoring the water demand offset program;
San Luis Obispo City Council Minutes of December 13, 2016 Page 10
he provided estimated projections of future water supplies through 2019 with the help of a
slide show presentation.
David Brodie, San Luis Obispo stated there are no guarantees of a future water supply; he
added that conflicting data presented is confusing; he requested that residents receive
priority to water by establishing a water hook up moratorium.
Paul Rys, San Luis Obispo, referenced Monterey County's high water usage and spoke
regarding the option of ground water desalination.
---End of Public Comment ---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
VICE MAYOR RIVOIRE, CARRIED 5-0 to receive and file the 2016 Water Resources
Status Report.
19. ADOPTION OF THE CITY OF SAN LUIS OBISPO'S PUBLIC ART MASTER
PLAN
Parks and Recreation Director Stanwyck and Parks and Recreation Manager Mudgett
provided an in-depth staff report with the use of a PowerPoint presentation and responded to
Council questions.
Public Comments:
Allen Cooper, San Luis Obispo, stated he is thankful for downtown opportunities however
questioned their locations; he spoke regarding pedestrianizing downtown and added that
priorities should be incorporated into the Downtown Concept Plan Update.
---End of Public Comment ---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to adopt the City of San Luis Obispo's Public
Art Master Plan.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
A written Council Liaison Report was received from Council Member Christianson.
Mayor Harmon requested Council hold a special meeting to access the Rental Housing
Inspection Ordinance; Council Member Pease and Vice Mayor Rivoire noted their support for a
special meeting. By consensus, the item was approved to return to Council in February 2017.
Community Development Director Codron provided brief background on measures already taken
by City staff regarding the gathering of analysis on this item and stated that staff will be ready
sooner than March to present their findings.
San Luis Obispo City Council Minutes of December 13 2016 Pae 11
ADJOURNMENT
The meeting was adjourned to the next Regular City Council Meeting is scheduled for Tuesday,
January 3, 2017 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm
Street, San Luis Obispo, California.
Carrie Gallagher
City Clerk
APPROVED BY COUNCIL: 02/07/2017