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