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HomeMy WebLinkAbout03-21-2017 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, March 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, March 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. 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. STUDY SESSION 1. DEVELOPMENT AGREEMENTS Assistant City Manager Johnson and Community Development Director Codron provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None ---End of Public Comment By consensus, Council provided direction to staff to receive and file the Development Agreements report. San Luis Obispo Page 1 San Luis Obispo City Council Minutes of Marclz 21, 2017 Page 2 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: Represented Employee Organizations: Unrepresented Employees: Monica Irons, Katie Lichtig, Christine Dietrick, Nickole Sutter None Unrepresented Management Employees RECESSED AT 4:55 P.M. TO THE REGULAR MEETING OF MARCH 21, 2017 TO BEGIN AT 6:00 P.M. San Luis Obispo City Council Minutes of March 21, 2017 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 21, 2017 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 Andy Pease led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for any Closed Session Items. PRESENTATIONS 2. PROCLAMATION - AMERICAN RED CROSS MONTH Mayor Harmon provided a presentation of a proclamation to Michael Ginn, Red Cross Board Member, proclaiming March 2017 as "American Red Cross Month." APPOINTMENTS 3. 2017 APPOINTMENTS TO CITY ADVISORY BODIES City Clerk Gallagher presented the contents of the report. Public Comments: Mladen Bandon, Atascadero, spoke in support of staff's recommendation to appoint Scott Mann to the Planning Commission. ---End of Public Comments--- San Luis Obispo City Council Minutes of March 21, 2017.Page 4 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to in accordance with the recommendations of the Council Liaison Subcommittees make appointments to the City's Advisory Bodies effective April 1, 2017 as set forth below and direct the City Clerk to continue to recruit for any unfilled vacant positions. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jana Colonbini, Cal Poly Student President, spoke regarding St. Patrick's Day events and provided a timeframe of student activities that occurred that day; she thanked staff for including the student body comments into the Safety Enhancement Zone conversation. Brett Strickland, San Luis Obispo, spoke regarding the need to make financial sustainability a top priority. 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 4 thru 11 and Item 13. ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to approve Consent Calendar Item 12. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 10, 2017 AND JANUARY 28, 2017 CARRIED 5-0, to approve the Minutes of the City Council meetings of January 10, 2017 - Closed Session and Joint City Council and Citizens' Revenue Enhancement Oversight Commission Special Meeting and January 28, 2017 - Community Forum. 6. APPROVAL OF THE FINAL MAP FOR TRACT 3066 -PHASE 2, 3761 ORCUTT ROAD {TR/EIt 4I3I)V -0067-2014} CARRIED 5-0, to adopt Resolution No. 10779 (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 2 (3761 Orcutt Road, SBDV-0067-2014)" and authorizing the Mayor to execute a Subdivision Agreement and Biological Open Space Easement Agreement. San Luis Obispo City Council Minutes of March 21, 2017 Page 5 7. PUBLIC SAFETY SERVER REPLACEMENT CARRIED 5-0, to: 1. Award a contract and authorize a purchase order for Solutions II, Inc. in the amount of $298,349 for the replacement and installation of the public safety computer-aided dispatch and records management system, two servers, and five years of 24/7 support; and 2. Waive formal bids and authorize use of Government Services Administration (GSA) contract number GS -35F -0349S to sole source this project to Solutions II as allowed under 3.24.060 E. of the City of San Luis Obispo Muncipal Code. 8. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2353-1 TRACT 2353-2. PRADO SEGMENT D, AND PRADO SEGMENT E (408 PRADO,, TR 120-13) CARRIED 5-0, to adopt Resolution No. 10780 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the public improvements, certifying completion of the private improvements, and authorizing release of the securities for Tract 2353-1, Tract 2353-2, Prado Road Segment D, and Prado Road Segment E (408 Prado Road, TR 120-13)." 9. FISCAL YEAR 2017-18 GRANT APPLICATION FOR DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CARRIED 5-0, to: 1. Authorize the Police Department to submit a grant application to the Department of Alcoholic Beverage Control for FY 2017-18 not to exceed $30,000; and 2. Adopt Resolution No. 10781 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing grant applications for funding provided through the Department of Alcoholic Beverage Control to increase education and enforcement programs focusing on regulations retail alcohol outlets" and authorizing the City Manager to enter into a contract with the State if funding is awarded; and 3. If the grant is awarded, authorize the Chief of Police to execute all grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant. San Luis Obispo City Council Minutes of March 21, 2017 Page d 10. LAGUNA LAKE ADA TRAIL CARRIED 5-0, to: 1. As recommended by the Parks and Recreation Commission, approve plans and specifications for the Laguna Lake ADA Trail, Specification No. 91388; and 2. Authorize staff to formally advertise for bids; and 3. Authorize the City Manager to award the construction contract including the Base Bid and Additive Alternates within the project construction budget of $220,000. 11. AWARD OF AUDIT SERVICES CONTRACT CARRIED 5-0, to authorize the City Manager to execute a new contract for auditing services to Glenn, Burdette, Phillips & Bryson, Certified Public Accountants (GBPB), for a term two fiscal years, beginning with the current fiscal year, to complete the term contemplated in the request for proposals (RFP) for such services. 12. ADOPTION OF AN ORDINANCE TO REPEAL CHAPTER 15.10 RENTAL HOUSING INSPECTION PROGRAM OF TITLE 15 OF THE MUNICIPAL CODE Item 12 pulled by Mayor Harmon for further discussion and consideration; she inquired on the reimbursement options for fees previously charged for pending inspections. CARRIED 5-0, to adopt Ordinance No. 1632 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, repealing Chapter 15.10 of the City of San Luis Obispo Municipal Code regarding Rental Housing Inspection." 13. AUTHORIZATION TO EXECUTE CONTRACT WITH GOVERNMENT FINANCE OFFICERS ASSOCIATION CARRIED 5-0, to authorize the City Manager to enter into a Contract with Government Finance Officers Association (GFOA) in the amount of $65,970 to engage GFOA for Enterprise Resource Planning (ERP) system implementation. PUBLIC HEARING AND BUSINESS ITEMS 14. VERIFICATION OF SUFFICIENCY OF SIGNATURES ON A CITIZENS' INITIATIVE TO REPEAL CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE ENTITLED "RENTAL HOUSING INSPECTION" AND TO ADOPT NEW CHAPTER 15.10 ENTITLED "NON-DISCRIMINATION IN HOUSING" City Clerk Gallagher provided an in-depth staff report and responded to Council questions. Public Comments: None San Luis Obispo City Council Minutes of March 21, 2017 Page 7 ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Receive, and accept the City Clerk's Certificate of Sufficiency of Initiative Petition; and 2. Direct staff to prepare a report analyzing its impact and present the report the City Council on or before April 18, 2017. By Council consensus, staff was directed to include in the report ways to mitigate any adverse impacts identified in the report if the measure is adopted either via election or council action 15. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY STALWORK INC.) OF THE TREE COMMITTEE'S DECISION TO DENY REMOVAL OF TWO TREES LOCATED AT 2466 AUGUSTA STREET AND REVIEW OF TREE REMOVAL FINES Vice Mayor Rivoire reported having previously met with the appellant Stalwork. Council Member Gomez recused himself from the discussion due to a business and personal relationship with the owner and appellant Stalwork. Council Member Christianson reported having met with the appellant and discussing that the appellant understands that the trees in question had not been approved for removal, that he did understand that the process to remove the trees involved an appeal to the Council, that he did remove them in direct disregard to the Tree Committees' ruling and he did understand that the Council would be very concerned about setting precedence if they were to not impose the fines involved. In addition, he understood that not all property owners and developers would not understand the nuances that he believes are involved here tonight. Council Member Christianson stated her belief that all other information shared with her by the appellant has been put on the record. She added to her ex -parte having visited the site. Council Member Pease reported having previously met with the appellant Stalwork and noted living just outside the location radius. Mayor Harmon reported having met with the appellant Stalwork and noted belief that much of their discussions have been entered into the public record; she noted having engaged in conversations with staff members regarding the appeal. Public Works Deputy Director Horn and City Arborist Combs provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Ben Kulick, appellant requested 8 minutes speaking time, he noted agreeing to everything in the staff report; with use of a slide show he provided photos and drawings of the location in San Luis Obispo City Council Minutes of March 21, 2017 Page 88 question to show the steep grade of the location; he stated that hazard mitigation was excluded from consideration during the .Tree Committees decision process; he noted belief that the property owner was libel for and had an obligation to remove the hazard under existing City Ordinance. Jane Worthy, San Luis Obispo, speaking on behalf of the Tree Committee Advisory Body, spoke regarding the original denial and consideration taken when making that decision, she noted for tree #1, severe pruning was proposed as mitigation for hazard, she noted the Committees work with staff to draft the existing ordinance. Will Powers, speaking on behalf of Downtown San Luis Obispo noted he attends most Tree Committee meetings and believes the contractor was told repeatedly that he could not proceed on a permit without waiting 10 days; he spoke about "playing by the rules". Council and staff discussion ensued. Ben Kulick, appellant, noted that the home owner has not currently requested a pool permit and stated that after an on-site update from the tree company owner, the project manager was unaware of the wait time to remove the tree. ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-1 (PEASE NO, GOMEZ RECUSED) to: 1. Adopt Resolution No. 10782 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Tree Committee's decision to deny a tree removal request at 2466 Augusta Street and waiving and levying civil penalties;" as amended to uphold appeal of tree removal denials as to tree #3,4, & 5 and allow removal with issuance of pool construction permit: and 2. Not levy any civil penalties associated with the premature removal of Tree No. 2 and Tree No. 6; and 3. Levy civil penalties associated with the unpermitted removal of Tree No. 1. By consensus, Council directed staff to return at a future meeting with amended resolution reflecting above action. RECESS Council recessed at 7:55 p.m. and reconvened at 8:05 p.m., with all Council Members present. 16. PUBLIC HEARING - 2017 RECYCLED WATER MASTER PLAN Utilities Director Mattingly, Utilities Project Manager Metz, and Water Resource Program Managcr Bocrman provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. San_Luis Obispo City Council Minutes of March 21, 2017 Pa eg_9 Public Comments: Carol Florence, Principal Planner with Oasis Associates representing the Association of Edna Valley Growers noted support for staff s recommendation and the proposed Recycled Water Master Plan and noted support for sustainable and wide use of water resources. Jean-Pierre Wolff Ph.D., Edna Valley, noted the formation of water agencies, CIGNA requirements and spoke in support of staff s Master Plan recommendation. ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Adopt Resolution No. 10783 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2017 Recycled Water Master Plan and a Negative Declaration of Environmental Impact;" and 2. Authorize staff to negotiate an agreement for delivery of recycled water outside the city limits consistent with the policies and findings identified in the General Plan. STUDY SESSION 17. STUDY SESSION FOR OPEN SPACE HOURS OF USE EVALUATION Assistant City Manager Derek Johnson and Natural Resources Manager Hill provided an in- depth staff report with the use if a Power Point presentation and responded to Council questions. Public Comments: Bill Killian, spoke in supports expanded hours of use for open space. David Hamilton, San Luis Obispo, spoke in support of expanded hours of use for open space. Connor Culhane spoke in support of expanded hours of use in some open space areas but not all, and encourages alternatives to current rules. Christie O'Hara spoke in support of expanded set hours of use for open space. Kristin Horowitz spoke in support of expanded hours of use for open space. Keith Godfrey, San Luis Obispo spoke in support of expanded hours of use for open space in areas that do not impact homeowners. Eric Langais, Los Osos, spoke in support of expanded hours of use for open space. San Luis Obispo City Council Minutes of March 21 2017 Pae 10 Donette Dunaway, San Luis Obispo spoke in support of expanded hours of use for open space. Ray Fields, San Luis Obispo spoke in support of expanded hours of use in some open space areas that do not impact homeowners. Cheryl Mclean, San Luis Obispo spoke in support of protecting the wildlife and not expanding hours of use in open space areas. Dr. Alexis Mourenza, San Luis Obispo supports protecting wildlife and not expanding hours of use in open space areas. Carolyn Huddleston, Templeton, representing ECOSLO supports protecting wildlife and not expanding hours of use in open space areas. Bill Waycott, San Luis Obispo, spoke in support of expanded hours of use for open space. Mary Ciesinski, spoke in support of protecting wildlife and resources by keeping the current hours of use. Dale Stoker, spoke in support of the current dawn to dusk Ordinance to protect habitat and the environment. John Ashbaugh, San Luis Obispo does not support expanded hours of use for open space. Gary Felsman, San Luis Obispo spoke regarding the impacts to humans if expanded hours of use in open space areas is approved. Stew Jenkins, San Luis Obispo, spoke regarding reforesting as restoration to allow more use by the dominant species. Greg Bettencourt, Cayucos, urged Council to provide staff the opportunity to come up with alternatives to consider. ---End of Public Comment --- By consensus, Council provided direction and directed staff to: 1. Receive and file the staff -prepared report entitled "An Evaluation of Hours of Use for City of San Luis Obispo Open Space; " and 2. Conduct a Study Session, receive public input and testimony regarding Open Space hours of use regulations, and provide direction to staff. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease noted that May is bike month and asked Council to consider organized multi modal support. Sart Luis Obis ❑ City Council Minutes of March 21 2017 Pae 11 City Manager noted that on May 3rd, the City will host Bike Breakfast. Mayor Harmon suggested a group ride to a Council meeting in May. Council Member Rivoire reported attending LOVESLO Service Day and thanked community that attended and organizers. City Manager noted that PACE, Professional Association of City Employees participated with a 9 -member team. Mayor Harmon spoke regarding the new City bus unveiling and mentioned the conclusion to the oil train conversation; she noted being on the CMC Advisory Committee and spoke about a facility for accepting transgender folks and others in the community with struggles, she suggested the City website calendar be updated on a more regular basis. Council Member Gomez noted attending an IWMA meeting and spoke regarding a proposed draft policy on the use of straws upon request only. ADJOURNMENT The meeting was adjourned to the next Regular City Council Meetings scheduled for Tuesday, April 4, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. "&h Carrie Gallagher City Clerk APPROVED BY COUNCIL: 05/16/2017