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Home My WebLink About10-24-2017 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo s' Tuesday, October 24, 2017 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 24, 2017 at 4:30 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; 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 --- CLOSED SESSION A. 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: International Association of Firefighters Local 3523 B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Preserve the SLO Life -Buckley Road, Los Verdes Park Unit One Homeowners' Association, Inc., San Luis Obispo Page I San Luis Obispo City Council Minutes of October 24, 2017 Page 2 and Los Verdes Park (Unit 2) Homeowners' Association, Inc. vs. City of San Luis Obispo, City Council of the City of San Luis Obispo, and Does 1 through 15; Avila Ranch, LLC, Andrew Mangano, and Does 16 through 30; San Luis Obispo County Superior Court Case No.17CV-0573 RECESSED AT 5:20 P.M. TO THE SPECIAL MEETING OF OCTOBER 24, 2017, 2017 TO BEGIN AT 6:00 P.M. San Luis Obispo City Council Minutes of October 24, 2017 Page 3„ CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 24, 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; 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 Gomez 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. City Attorney Dietrick reported the following action for Item B, ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: authorize defense of litigation contingent upon proper service on the city and; authorize city manager and city attorney to execute necessary documents to facilitate the legal defense and reimbursement obligations of the developer. PRESENTATIONS 1. PROCLAMATION - ARBOR DAY Mayor Harmon presented a Proclamation to Ron Combs, City Arborist, proclaiming November 4, 2017 as "Arbor Day" in the City of San Luis Obispo. APPOINTMENTS 2. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION [PRC] City Clerk Gallagher presented the contents of the report. San Luis Obispo City Council Minutes of October 24, 2017 Page 4 Public Comments: None ---End of Public Comments --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR RIVOIRE, CARRIED 5-0 to: 1. Confirm the appointment of Robert "Bob" Spector to the Parks and Recreation Commission to complete an unexpired term through March 31, 2021; and 2. Confirm the appointment of Kari Applegate to the Parks and Recreation Commission to complete an unexpired term through March 31, 2019. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jackie Snider Danilu Ramirez Michelle Fletcher Sonya Eschenburg Don Hedrick ---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 3 thru 6. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. EL CAPITAN BRIDGE CARRIED 5-0, to: 1. Authorize the Mayor to execute Easement Agreements between the City and the owners of Lot 7 of Tract 2294 (the Ackermans) and Lot 15 of Tract 2372 (Stonecreek HOA) in a form approved by the City Attorney; and 2. Authorize the inclusion of the El Capitan Bridge as a City asset, City maintenance responsibility, and prioritize the repair or replacement within the City's 2017-19 Bridge Maintenance Capital Improvement Plan Project upon Easement Agreement execution; and 3. Accelerate Bridge Maintenance Funds from Fiscal Year 2018-19 to 2017-18 to support this immediate need. San Luis Obispo City Council Minutes of October 24, 2017 Page 5 5. HUMAN RESOURCES AND FINANCE DEPARTMENTS OFFICE RECONFIGURATION, SPECIFICATION No. 91525 CARRIED 5-0, to: 1. Award a contract to BC Construction & Electric in the amount of $124,552 for the "Human Resources and Finance Departments Office Reconfiguration, Specification No. 91525"; and 2. Approve the transfer of $11,962.46 from the General Capital Outlay Completed Projects Account balance and $1,130.54 from the Major Facilities Replacement Completed Projects Account balance, for a total of $13,093.00 to the project construction phase. 6. MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT (CONTINUED FROM THE OCTOBER 17, 2417 COUNCIL MEETINQ CARRIED 5-0, to adopt Resolution No. 10842 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Mitigated Negative Declaration for the Laguna Lake Dredging and Sediment Management Project." blic Comments: Don Hedrick ---End of Public Comment --- PUBLIC HEARING ITEMS AND BUSINESS ITEMS 7. PUBLIC HEARING - LUNETA DRIVE CONNECTION GENERAL PLAN AMENDMENT City Manager Johnson recused himself from the discussion, noting he resides in the affected neighborhood, he departed the dais at 6:29 p.m. Community Development Director Michael Codron was seated at the dais as Acting City Manager. Public Works Director Grigsby, Transportation Manager Hudson, and Transportation Planner/Engineer Rice provided an in-depth staff report with the use of a Power Point and responded to Council questions. Public Comments: Tess Matthews Don Hedrick Sheri Mortola Betty Dehaan Mark Swack John Snetsinger Jonathan Reich Bob Mourenza Roberto Monge San Luis Obisl2o City Council Minutes of October 24, 2017 Page G Mila Vujovich — La Barre Ed Benson Al Lipper David Hafemeister Aurora Lipper Paul Allen Robert Shanbrom Patrick O'Sullivan Kit Gould ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: Adopt Resolution No. 10843 (2017 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, to approve an amendment to the Circulation Element of the General Plan with an addendum to the 2014 LUCE update Environmental Review Report" to amend the Circulation Element of the General Plan eliminating the Luneta Drive connection and approve the proposed addendum to the Land Use Circulation Element Update Environmental Impact Report. City Manager Johnson returned to the dais at 7:42 p.m. RECESS Council recessed at 7:45 p.m. and reconvened at 7:55 p.m., with all Council Members present. 8. PUBLIC HEARING - FORMATION FOR THE AVILA RANCH COMMUNITY FACILITIES DISTRICT City Manager Johnson, Economic Development Manager Johnson and EPS Consultant Walter Kieser provided an in-depth staff report and responded to Council questions. Public Comments: Mila Vujovich-La Barre ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Advance the formation of the Avila Ranch Community Facilities District (CFD) by adopting Resolution No. 10844 (2017 Series) As amended: entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing Avila Ranch Community Facilities District No. 2017-1 pursuant to the Mello -Roos Community Facilities Act of 1982 and, in its capacity as legislative body of such district, submitting the levy of a special tax and the establishment of an appropriations limit to the electors of San Luis Obispo-CiW Council Minutes of October 24 2017 Pa re 7 the district to include additional language to end of Section 17 (Environmental Determination) of the Council Resolution to incorporate these additional findings as follows: "The City Council further finds on a wholly independent basis that the formation and implementation of a CFD for the Avila Ranch project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a "general rule" exemption pursuant to Section 15061(b)(3), which covers activities "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. " The proposed action is intended to implement aspects of that project by establishing a funding mechanism through the formation of a CFD. This action does not change any aspect of the approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that "basic data collection, research... and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource" are exempt from CEQA. Further, it exempts actions that are "...for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. " The formation of a CFD qualifies with respect to these criteria. Therefore, the proposed action is categorically exempt from further analysis under CEQA. " and adopting an addendum to the final environmental impact report for the Avila Ranch Development," as amended to include language in Section C to read as follows: "A Notice of Determination (NOD) pursuant to CEQA Guidelines Section 15075 was filed on September 20, 2017, following project approval. This began a 30 -day period during which any potential court challenges to the project could have been filed. On October 19, 2017, an action challenging the validity of the EIR was filed in the Superior Court, County of San Luis Obispo, as Case No. 17CV-0573. Pursuant to CEQA Guidelines Section 15231(a), the EIR is conclusively presumed to comply with CEQA for purposes of use until the EIR is finally adjudicated in a legal proceeding not to comply with the requirements of CEQA. No such determination has been made; and 2. Set the date for the required (landowner) election for October 26, 2017. 9. PUBLIC HEARING - ORDINANCE INTRODUCTION - REVIEW OF BEVERAGE STRAWS UPON REQUEST City Manager Johnson and Sustainability Coordinator Carloni provided an in-depth staff report and responded to Council questions. Public Comments: Don Hendrick Cory Jones Janine Rands Mila Vujovich — La Barre Mary Ciesinski End of Public Comment--- San Luis Obispo City Council Minutes of October 24, 2017 Page 8 ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to: Introduce Ordinance No. 1640 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 8.09 to the San Luis Obispo Municipal Code regulating single -use beverage straws." 10. PUBLIC HEARING - ORDINANCE INTRODUCTION - REGULATING THE SALE AND DISTRIBUTION OF SINGLE -USE PLASTIC BOTTLES AND ESTABLISHING REGULATIONS TO INCREASE AVAILABILITY OF WATER BOTTLE FILLING STATIONS City Manager Johnson and Sustainability Coordinator Carloni provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Cory Jones Don Hedrick Amy Sinsheiner Justin Bradshaw Mary Ciesinski Barry Rands Mila Vujovich — La Barre Janine Rands ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: Introduce Ordinance No. 1641 (2017 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 8.07 to the San Luis Obispo Municipal Code regulating single -use plastic beverage bottles on city property less than 21 ounces in size," and establishing regulations to increase the availability of water bottle filling stations in the City amended to include within section 17.07.020, In the event that containers greater than 21 ounces in size are utilized, single -use containers (e.g. single -use plastic cups) may not be used in the serving of beverages. The use of reusable containers is required. San Luis Obispo City Council Minutes of October 24, 2017 Page 9 11. CLIMATE ACTION TASK FORCE MEMORANDUM OF UNDERSTANDING AND ASSIGNMENT OF COUNCIL MEMBER LIAISON TO THE TASK FORCE City Manager Johnson and Sustainability Coordinator Carlon provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Don Hedrick Justin Bradshaw Eric Veium ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Approve the Memorandum of Understanding between the City of San Luis Obispo and the Climate Action Task Force (Task Force) establishing the Task Force as the "Community Climate Action Coalition" that would help achieve the Climate Action objectives of the Climate Action Major City Goal work program as amended to be included in the first paragraph as follows: fiscally sponsored by The Community Foundation San Luis Obispo County and; to add the Community Foundation as signatory to the MOU; and 2. Designate Council Member Gomez to serve as Task Force Council liaison and Mayor Harmon to serve as backup. 12. CONSIDER ACTIONS RELATED TO THE ANIMAL SERVICES SHELTER AGREEMENT City Manager Johnson 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 --- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: Receive a report on the regional effort to build an animal services shelter and consider actions related to the potential withdrawal of other participating cities from the joint agreement to finance and construct a replacement animal services shelter. San Luis Obispo City Council Minutes of October 24, 2017 _ Page 10 COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon reported having attended a Chamber Net Zero Workshop, an SCLC meeting, the Economic Vision Cannabis Regulation Open House, and stated that she is a member of the Men's Colony Citizens Advisory Committee and recently viewed a presentation on prison gangs. ADJOURNMENT The meeting was adjourned at 10:44 p.m. Adjourn to a Regular City Council Meeting to be held on Tuesday, November 7, 2017 at 4:00 p.m., and 6:00 p.m., in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. Carrie Gallagher City Clerk APPROVED BY COUNCIL: 02/20/2018