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Home My WebLink About02-21-2017 MinutesCouncil Minutes F City Hall, 990 Palm Street, San Luis Obispo Tuesday, February 21, 2017 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, February 21, 2017 at 4:00 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. 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. STUDY SESSION 1. STUDY SESSION TO REVIEW A COST OF SERVICE FEE STUDY PREPARED TO INFORM A PROPOSED UPDATE OF CITYWIDE USER AND REGULATORY FEES Assistant City Manager Johnson, Special Projects Manager Carloni along with Nicole Kissam from NBS Government Finance Group provided an in-depth staff report and responded to Council questions. Fire Marshal Maggio responded to questions from Council regarding fire inspection fees. Parks and Recreation Director Stanwyck responded to Council questions including but not limited to golf course fees. Public Comments: Jerry Ridux, Director of the San Luis Obispo County Housing Trust Fund, spoke in support of an increase in appeal fees however suggested a waiver in the case of very controversial appeals. San Luis Obispo Page 1 San Luis Qbispo_Ciity Council Minutes of February 21, 2017 Page 2 Lydia Mourenza, San Luis Obispo, requested consideration for low and medium recovery fees for the Sun in Fun Program noting she believes this should be considered a child program; she noted opposition to the increase in appeal fees. Cheryl McLean, San Luis Obispo, noted opposition to an increase in appeal fees; she spoke regarding the difference between non-profit and for-profit. Jim Duenow, San Luis Obispo, spoke in opposition to an increase in appeal fees. Sandra Rowley, San Luis Obispo, Residents for Quality Neighborhoods, noted opposition to an increase in appeal fees. ---End of Public Comment --- By consensus, Council directed staff to receive and file the study session to review a cost of service fee study prepared to inform a proposed update of citywide user and regulatory fees. RECESS Council recessed at 5:12 p.m. to the Council Hearing Room at 990 Palm Street, San Luis Obispo, California 93401 for the Closed Session. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. End of Public Comment CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Katie Lichtig, Christine Dietrick, Nickole Sutter Represented Employee Organizations: None Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. Exposure to litigation based on assertions of unfair labor practices and conflicts of interest of the Human Resources Director (similar allegation have been made against the City San Luis Obispo City Council Minutes of February 21, 2017 _ Paae 3 Attorney) related to the conduct of a confidential personnel investigation of claims against the City Manager and Fire Chief. A redacted version of the writing reflecting the threat is available for public review pursuant to Government Code Section 54957.5. RECESSED AT 6:00 P.M. TO THE REGULAR MEETING OF TUESDAY, FEBRUARY 21, 2017 TO BEGIN AT 6:00 P.M. San Luis Obispo City Council Minutes of FebruM 21 2017 Pa e 4 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 21, 2017 at 6:02 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 Vice Mayor Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated no reportable action for Closed Session items A and B and noted that the only staff members present during item B discussions were herself and Director of Human Resources, Monica Irons. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Steve Delmartini, spoke in support of appeal fee increase. ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 7 ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-1 (CHRISTIANSON NO) to approve Consent Calendar Item 8 as amended to exclude Bishop Peak and limit times of use that mirror maximum summertime hours. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. San Luis Obispo City Council Minutes of FebruarX 21, 2017 Page 5 3. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 3.2017 CARRIED 5-0, to approve the Minutes of the City Council meeting of January 3, 2017 4. ADOPTION OF A RECREATION PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND r1`HE SAN LUIS OBISPO COUNTY Y.M.C.A. CARRIED 5-0, to adopt a Recreation Partnership Agreement between the City and the San Luis Obispo County Y.M.C.A. Public Comments: Monica Grant CEO of San Luis Obispo County YMCA, asked for Council's support to approve the recommended agreement. End of Public Comment --- 5. ADOPTION OF SLO TRANSIT'S REVISED TITLE VI PLAN 2017-2020 CARRIED 5-0, to adopt SLO Transit's Title VI Plan for 2017-2020 6. AMGEN TOUR OF CALIFORNIA CARRIED 5-0, to receive and file the report regarding the Amgen Tour of California bike race coming through the City on May 16, 2017, and the plans to accomplish this using City staff resources to be reimbursed by the event. 7. APPROVAL OF THE FINAL MAP FOR TRACT 3063 -PHASE 1 3987 ORCUTT ROAD [TWER 114-14] CARRIED 5-0, to adopt Resolution No 10772 (2017 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)" authorizing the Mayor to Pxecute a Subdivision Agreement, Private Drainage Easement Agreement and a Restrictive Covenant for Open Space. 8. PROJECT PLAN FOR OPEN SPACE HOURS OF USE EVALUATION Item pulled by Council Member Christianson for separate consideration CARRIED 4-1 (CHRISTIANSON NO), to receive and file the Project Plan for Open Space Hours of Use Evaluation as amended. Public Comments: Greg Bettencourt, spoke in support for an evaluation study regarding appropriate hours of use for Open Space. Gail Karacsony, San Luis Obispo, voiced opposition to additional hours of use for Open Space areas and noted support for the continuation of the current regulation. San Luis Obispo City Council Minutes of February 21 2017 Page 6 Connor Culhane, President of Central Coast Concerned Mountain Bikers, spoke in support of Council moving forward with additional hours of use. Kathy Ap Roberts, San Luis Obispo, spoke in opposition to night hiking in any open spaces, encouraged Council not proceed with the proposed Open Space Hours of Use Evaluation. Julie Frankel, spoke in opposition to the proposed Open Space Hours of Use Evaluation; she noted the risk of fire due to nighttime hiking. Bill Waycott, San Luis Obispo, spoke in support of limited nighttime hiking. Bob Mourenza, San Luis Obispo spoke in support of dawn to dusk hiking only. Cheryl McLean, San Luis Obispo, noted support for limited night hiking. ---End of Public Comment --- PUBLIC HEARINGS AND BUSINESS ITEMS 9. PUBLIC HEARING - CONSIDERATION OF VESTING TENTATIVE TRACT MAP #3095 AND ASSOCIATED EXCEPTIONS, TREE REMOVALS, AND IMPROVEMENTS TO CREATE 18 RESIDENTIAL LOTS TWO DETENTION BASIN LOTS, AND THREE OPEN SPACE LOTS ON THE IMEL RANCH PROPERTY WITHIN THE ORCUTT AREA SPECIFIC PLAN, AND PROPOSED MITIGATED NEGATIVE DECLARATION, WHICH TIERS OFF THE ORCUTT AREA SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT (FEf_it_) (3777 ORCUTT ROAD) Community Development Director Codron and Associate Planner Scott provided an in- depth staff report with the use of a Power Point presentation and responded to Council questions. Opened Public Hearing_ Applicant: Travis Fuentes of Ambient Communities provided plan specifics, he noted unanimous Planning Commission approval and introduced Todd Smith to speak on behalf of the project. Todd Smith, Cannon Engineering, noted the many years in the making from approval to annexation, he spoke regarding the goals, visions and objectives of the Orcutt Area Specific Plan. Council Member Pease recused herself from this item upon learning that RRM Design Group was speaking on behalf of the applicant; she stated that her firm is concluding work with RRM Design Group and feels that no true conflict exists, however recused herself in an abundance of caution and exited the dais at 7:09 pm. San Luis Obispo City Council Minutes of February 21, 2017 Page 7 Randy Russom, RRM Design Group speaking on behalf of the applicant spoke regarding height exception noting that they are requesting a full 30ft due to concerns of the 25ft height limit. Todd Smith, Cannon Engineering, noted prior project approval from both the Planning Commission and City staff, he noted the attendance of the applicants' full team and stated that they are available to answer questions. Public Comments: Ed Garay, San Luis Obispo, spoke in opposition to the location of a park being placed on a portion of his property and added that he firmly rejects the project if this is accurate, he noted having spoken to Mr. Fuentes who assured him that the park has been removed from the plans although it remains in tonight's presentation; additionally, he referenced the recent discovery of protected nesting bald eagles in trees at the property. Jeanne Helphenstone, spoke in support of the tentative tract map and encouraged Council to approve the project. Steve Delmartini, spoke in support of the 30ft height limit exception with the exception of lots 14 and 15. Charlene Rosales, speaking on behalf of San Luis Obispo Chamber of Commerce spoke in support of the vesting tentative tract map. ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 4-0 (PEASE RECUSED) to: adopt Resolution No 10773 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting an Initial Study -Mitigated Negative Declaration and approving Vesting Tentative Tract Map #3095 and granting exceptions for height on lots 5, 6, 7, 8, 9, 12, 13, 16, 17, 18 (limited to 27 feet), road design, rear yard setbacks (limited to lots 6, 8, 9 and 10), and grading and development of access, drainage, and stormwater facilities within the creek setback (SBDV/ER-2586-2016)" authorizing approval of the project and associated grading, improvements, and tree removals as amended to include a condition of a 30ft height exception except for lots 14 &15. Council Member Pease returned to the dais 7:30 pm. 10. 2017 LEGISLATIVE ACTION PLATFORM City Attorney Dietrick provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- San Luis Obispo City Council Minutes of February 21, 2017 Page 8 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Adopt Resolution No. 10774 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing the City Legislative Action Platform for 2017 and appointing the Council Member and staff person to act as liaison between the City of San Luis Obispo and the League of California Cities"; and as amended to support uniformity of regulations at the State and Federal level to protect airports and study adoptions of appropriate public safety exemptions and to change item 67 re:Prop 1 funding striking the first part of the sentence and beginning with encouraging the resources agency and its departments to expedite the remaining bond fund to take advantage of... 2. Provide direction to staff on the scope and application of the legislative platform related to advocacy for non -legislative items or particular projects; and ; 3. Appoint the Mayor, City Attorney and City Manager to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo. By consensus, Council directed staff to return for discussion on future legislative platform items such as marine sanctuaries or oil trains. RECESS Council recessed at 7:55 p.m. and reconvened at 8:07 p.m., with all Council Members present. 11. 2016-17 MID -YEAR BUDGET REVIEW Assistant City Manager Johnson and Interim Finance Director Bradford, provided an in- depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Brett Strickland, San Luis Obispo spoke regarding unfunded liabilities and encouraged fiscal responsibility. ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to: 1. Receive and discuss an update of changes in the financial position as referenced in the 2016-17 Mid -Year attachment sections A and B based on revised projections for all funds for the 2016-17 fiscal year, and 2. Receive an update on Status of Major City Goals and Other Important Objectives as referenced in the 2016-17 Mid -Year attachment Section C. San Luis Obispo City Council Minutes of February 21 2017 Page 9 12. GENERAL FUND FIVE-YEAR FISCAL FORECAST: 2017-22 City Manager Lichtig and Interim Finance Director Bradford with the use of a Power Point presentation provided an in-depth staff report and responded to Council questions. Public Comments: Brett Strickland, San Luis Obispo noted his appreciation for the level of attention given to this issue by staff, he noted costs and deficits and spoke regarding existing and growing debt. End of Public Comment --- By consensus, Council received and filed the results of the General Fund Five -Year Fiscal Forecast for 2017-22; and concurred with the Activation of the Fiscal Health Contingency Plan. 1. Review and discuss the results of the General Fund Five -Year Fiscal Forecast for 2017- 22; and 2. Concur with the Activation of the Fiscal Health Contingency Plan. LIAISON REPORTS AND COMMUNICATIONS Council Member Gomez reported attending the Downtown Association monthly meeting and noted that they are seeking backing for a Jumbotron for use in conjunction with the Amgen Tour road closure, to be held at 3pm on May 16. Mayor Harmon reported having spoken at both the Careers in Political Science and Change in Status Quo Events which were held at Cal Poly, she noted attending a meeting "Of Normal" regarding marijuana legislation, she presented at the Chamber of Commerce on the Legislative Action Committee, she noted her involvement in a climate working group that may be interested in formalizing their relationship with the City in the future. ADJOURNMENT The meeting was adjourned to the next Regular City Council Meeting scheduled for Tuesday, March 7, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. ".Aja,�M Carrie Gallagher City Clerk APPROVED BY COUNCIL: 05/02/2017