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HomeMy WebLinkAbout11-21-2017 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, November 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, November 21, 2017 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: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Acting 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 None. ---End of Public Comment --- San Luis Obispo Page I San Luis Obispo City Council Minutes of November, 21, 2017 Pa&e 2 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case withheld as it arises out of an administrative proceeding involving a confidential personnel matter pending before the Personnel Board and is otherwise exempt from disclosure per Gov. Code § 54954.5 (c) and under the California Public Records Act. B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code § 54956.9: One case. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation arise out of a confidential personnel matter and therefore are exempt from disclosure pursuant to the California Public Records Act. C. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: San Luis Obispo City Employee's Association (SLOCEA) San Luis Obispo Police Officer's Association (POA) San Luis Obispo Police Staff Officer's Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Application of Pacific Gas and Electric Company for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, And Recovery of Associated Costs Through Proposed Ratemaking Mechanisms (U39E) A: 16-08- 006 ADJOURNED TO THE REGULAR MEETING OF NOVEMBER 21, 2017 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER San Luis Obispo City Coli17ciI Minutes of November, 21, 2017 _Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 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: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Acting Assistant City Manager; and Teresa Purrington, Acting 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 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 Items A, B, C, and D and that the Council was represented by outside Counsel for Items A and B and that there was no city staff in the Closed Session for those items. PRESENTATIONS 1. PROCLAMATION - MAYOR'S MONARCH PLEDGE Mayor Harmon presented a Proclamation to Genevieve and Kimberlee Leroux, declaring the Council's commitment to help restore the monarch butterflies in the City of San Luis Obispo. 2. PROCLAMATION - NATIONAL HOSPICE PALLIATIVE CARE MONTH Mayor Harmon presented a Proclamation to Gracie Rey, representing Hospice SLO County, proclaiming November 2017 as "National Hospice Palliative Care Month" in the City of San Luis Obispo. San Luis Obispo Cily Council Minutes of November, 21 2017 Pae 4 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None ---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 8. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. MINUTES OF OCTOBER 17, 2017 AND NOVEMBER 7, 2017 CARRIED 5-0, to approve the minutes of the City Council meetings of October 17, 2017 and November 7, 2017. 5. ORDINANCE ADOPTION - ESTABLISHING A SPECIAL TAX FOR THE AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1 CARRIED 5-0, to adopt Ordinance No. 1642 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, as legislative body of Avila Ranch Community Facilities District No. 2017-1, levying a Special Tax against nonexempt real property within the district to finance certain facilities, services and incidental expenses." 6. SUPPLEMENTAL EMPLOYEE POLICY AND MINIMUM WAGE INCREASE CARRIED 5-0, to: 1. Adopt the revised Supplemental Employee Policy, formerly the Temporary Employee Policy, and authorize the City Manager to approve future administrative updates; and 2. Adopt Resolution No. 10847 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing and adopting a supplemental employee salary schedule and superseding previous resolutions in conflict" as necessary to comply with California Fair Wage Act of 2016 requiring a minimum wage of $11.00 per hour effective January 1, 2018. 7. AUTHORIZATION TO RELEASE A REOUEST FOR PROPOSALS FOR APPOINTED OFFICIALS' EVALUATIONS CONSULTANT SPECIFICATION NO. 91636 CARRIED 5-0, to authorize staff to advertise for bids and authorize the City Manager to award the consultant contract to the lowest responsible bid within the contract budget of $17,000. Safi Luis Obispo -City Council Minutes of November, 2I 2017 ]'age 5 8. STREETS MAINTENANCE DUMP ,TRUCK, TRANSFER DUMP TRAILER, AND SWEEPER TRUCK PURCHASE, SPECIFICATION NO. 91589 & 91595 CARRIED 5-0, to: 1. Adopt Resolution No. 10848 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving Equipment Lease"; and 2. Approve the lease purchase and authorize the Finance Director to execute a purchase order to Gibbs Truck Centers in the amount of $256,204.06 for one 2018 International HX series heavy duty dump truck outfitted with a Reliance transfer dump set; and Approve the lease purchase and authorize the Finance Director to execute a purchase order to the Sweeper Shop in the amount of $303,052.78 for one 2018 Freightliner M2 heavy duty truck outfitted with a Schwarze M6 Avalanche sweeper unit; and 4. Authorize the City Manager, Finance Director and City Attorney to execute all related documents on behalf of the City to execute a five-year loan agreement not to exceed approved budget; and 5. Authorize the surplus designation of Fleet Asset No. 9713, a 1994 Freightliner heavy duty dump truck, Fleet asset 1102, a 2007 Reliance transfer dump trailer, and Fleet Asset No. 0817, a 2008 International street sweeper truck by sale, auction, trade-in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 9. PUBLIC HEARING - RESOLUTION OF INTENT TO APPLY THE PENDING CAPITAL FACILITIES FEE PROGRAM AND WATER AND WASTEWATER CAPACITY AND CONNECTION FEE PROGRAM TO NEW DEVELOPMENT Community Development Director Codron and Community Development Deputy Director Fowler provided an in-depth staff report and responded to Council questions. Public Comments: Travis Fuentas Dante Angelmo ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 10849 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, setting forth intent to apply the pending Capital Facilities Fee Program and Water and Wastewater Capacity and Connection Fee Program to new development" should those projects be issued building permits on or after the publication of the updated development impact fee program. San Luis Obispo City Council Minutes of November, 21 2017 Pae 6 10. CODE ENFORCEMENT PRIORITIES Community Development Director Codron and Chief Building Official Schneider provided an in-depth staff report and responded to Council questions. Public Comments: Michelle Tasseff ---End of Public Comment Receive a presentation, take public testimony, and provide direction to staff regarding: 1. Overall code enforcement priorities to guide the allocation of staff time and other resources in the Building and Safety Division of the Community Development Department (CDD); and 2. Direction regarding the use of enforcement tools - such as recorded notices of violation and increased and new fees and fines - to improve the efficiency and effectiveness of code enforcement activities; and 3. The scope and priority of a Safe Housing Outreach and Education Program for landlords and tenants; and 4. Additional program activities and enhancements to pursue as resources permit. Council supported staff's recommendation without the voluntary inspections program and self -certification program. Staff to return with Ordinances and/or Resolutions to implement the changes to the code enforcement process and a new fine structure. RECESS Council recessed at 7:55 p.m. and reconvened at 8:00p.m., with all Council Members present. 11. DIABLO CANYON NUCLEAR POWER PLANT- JOINT PROPOSAL PROPOSED DECISION City Manager Johnson 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 November, 21, 2017 Page 7 ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to receive a report on the Administrative Law Judge's Proposed Decision for the Joint Proposal to close the Diablo Canyon Nuclear Power Plant and authorize the City to advocate for legislation if necessary to fund the Community Impacts Mitigation Program (CIMP). 12. ORDINANCE INTRODUCTION - AMENDMENT AND READOPTION OF THE CURRENT ELECTION CAMPAIGN REGULATIONS Acting Assistant City Manager and Acting City Clerk Purrington provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to reaffirm City law by amending and readopting Chapters 2.40.010 through 2.40.140 of the City of San Luis Obispo Municipal Code by Ordinance No. 1643 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, readopting and amending Chapter 2.40 of the Municipal Code related to Election Campaign Regulations." COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Liaison Reports received from Council Member Pease, Council Member Christianson, and Mayor Harmon, ADJOURNMENT The Regular City Council Meeting of December 5, 2017 was previously cancelled. The next Regular City Council Meeting is scheduled for Tuesday, December 12, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Teresa L. Purrington Acting City Clerk APPROVED BY COUNCIL: 12/12/2017 E i'