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HomeMy WebLinkAbout03-17-2015 C2 Council MinutesSaturday, January 24, 2015 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Saturday, January 24, 2015 at 9:00 a.m. at the City/County Library Community Room, located at 905 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None. City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members were present and responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Christianson led the Pledge of Allegiance. 2015-17 FINANCIAL PLAN COUNCIL GOAL-SETTING WORKSHOP Facilitator Don Maruska explained the interactive process designed for this workshop and facilitated the process throughout the course of the workshop. The Council reviewed the results of public input on budget priorities at the January 13, 2015 community forum, and began formulating its list of candidate goals. City Manager Lichtig responded to Council inquiries. RECESS Council recessed at 10:50, and reconvened at 11:05 with all members present. PUBLIC COMMENT Facilitator Maruska opened the public hearing. During the public comment period, 7 members of the public provided input on the issues and goals that were of priority to them. Public comments were grouped into the following categories: C2-1 San Luis Obispo City Council Minutes of January 24, 2015 Page 2 Laguna Lake Rob Davidson, representing Friends of Laguna Lake, San Luis Obispo, spoke in support of prioritizing funding for maintenance of Laguna Lake. Neighborhood Wellness Linda White, San Luis Obispo, commented on ways in which the City can continue to achieve its neighborhood wellness goals. Transportation Infrastructure Louise Justice, San Luis Obispo, spoke in support of funding multi-modal transportation infrastructure, as well as a transit center. Mary Vandenberg, member of San Luis Obispo Senior Center Executive Board, San Luis Obispo, spoke in support of funding transportation that accommodates the needs of seniors. Individual Topics David Brodie, San Luis Obispo, commented on the increasing number of businesses selling alcohol downtown; noted his observation of the negative impact. Judy Mahan, president of SLO Hothouse, San Luis Obispo, thanked the Council for its support of the Hothouse, and summarized the organization's recent activities. Myron Amerine, San Luis Obispo, spoke on the goal-setting process and the importance of making budget goals coherent with existing adopted plans. Economic Development Manager Johnson, Assistant City Manager Codron, Community Development Director Johnson, City Manager Lichtig, Public Works Director Grigsby, Utilities Director Mattingly responded to Council inquiries. The Council completed formulating its list of candidate goals. RECESS Council recessed for lunch at 1:15 p.m., and reconvened at 2:00 p.m. with all members present. Facilitator Maruska explained the ballot and process of voting via point allocation. Council Members completed their ballots and staff tabulated the results. C2-2 San Luis Obispo City Council Minutes of January 24, 2015 Page 3 REVIEW AND IDENTIFY MAJOR CITY GOALS City Manager Lichtig presented the tabulated results as follows: 2015-17 Financial Plan COUNCIL GOAL-SETTING PRIORITIES Goal Statement Mayor Marx Vice Mayor Ashbaugh Council Member Carpenter Council Member Christianson Council Member Rivoire T O T A L A V E R A G E Open Space: Protect and maintain open space. 5 5 5 3 2 20 4.0 Multi -Modal Transportation: Prioritize implementation of the bicycle master plan and improve and maintain bicycle, pedestrian, and transit facilities. 5 3 5 3 4 20 4.0 Housing: Implement the Housing Element, facilitating workforce, affordable, supportive and transitional housing options, including support for needed infrastructure within the City's fair share. 3 4 5 4 4 20 4.0 Neighborhood Wellness: Improve neighborhood wellness, work with residents, Cuesta, and Cal Poly; increase public safety, code compliance, and collaborative solutions. 4 2 5 3 3 17 3.4 Laguna Lake Restoration: Initiate implementation of the Laguna Lake Natural Reserve Conservation Plan. 3 3 4 4 3 17 3.4 Fiscal Sustainability and Responsibility: Implement the City's Fiscal Responsibility Philosophy with a focus on the reduction of unfunded liabilities. 2 0 5 3 4 14 2.8 Downtown: Adopt a Downtown Concept Plan, develop a plan for expansion of Mission Plaza, and improve safety, infrastructure, and maintenance in the Downtown. 2 3 1 4 3 13 2.6 Parks and Recreation: Update the Parks and Recreation Element, create Master Plan, maintain and improve current park facilities, and update recreational programs. 2 3 0 3 2 10 2.0 C2-3 San Luis Obispo City Council Minutes of January 24, 2015 Page 4 Climate Action Plan: Implement the Climate Action Plan, including advocating a regional feasibility study regarding establishment of Community Choice Aggregation (CCA). 1 5 0 0 4 10 2.0 Deferred Infrastructure Maintenance: Address deferred maintenance of key city infrastructure. 3 2 0 3 1 9 1.8 TOTAL 30 30 30 30 30 150 Points Key: 5: Most important; highest priority for City to achieve over the next two years; 4: Very important goal to achieve; 3: Important goal to achieve; 2: Address if resources are available; 1: Defer to 2017-19 for consideration; 0: Not a priority goal. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to adopt the City’s Major City Goals and Other Important Objectives, as outlined below: Major City Goals These represent the most important, highest-priority goals for the City to accomplish over the next two years, and as such, resources to accomplish them should be included in the 2015-2017 Financial Plan. Open Space: Protect and maintain open space. TOTAL POINTS: 20 AVERAGE POINTS: 4.0 Multi -Modal Transportation: Prioritize implementation of the bicycle master plan and improve and maintain bicycle, pedestrian, and transit facilities. TOTAL POINTS: 20 AVERAGE POINTS: 4.0 Housing: Implement the Housing Element, facilitating workforce, affordable, supportive and transitional housing options, including support for needed infrastructure within the City's fair share. TOTAL POINTS: 20 AVERAGE POINTS: 4.0 Other Important Objectives Goals in this category are important for the City to accomplish, and resources should be made available in the 2015-2017 Financial Plan if at all possible. Neighborhood Wellness: Improve neighborhood wellness, work with residents, Cuesta, and Cal Poly; increase public safety, code compliance, and collaborative solutions. TOTAL POINTS: 17 AVERAGE POINTS: 3.4 Laguna Lake Restoration: Initiate implementation of the Laguna Lake Natural Reserve Conservation Plan. TOTAL POINTS: 17 AVERAGE POINTS: 3.4 C2-4 San Luis Obispo City Council Minutes of January 24, 2015 Page 5 Fiscal Sustainability and Responsibility: Implement the City's Fiscal Responsibility Philosophy with a focus on the reduction of unfunded liabilities. TOTAL POINTS: 14 AVERAGE POINTS: 2.8 Downtown: Adopt a Downtown Concept Plan, develop a plan for expansion of Mission Plaza, and improve safety, infrastructure, and maintenance in the Downtown. TOTAL POINTS: 13 AVERAGE POINTS: 2.6 ADJOURNMENT The City Council adjourned at 3:38 p.m., to a Special Meeting to be held on Tuesday, January 27, 2015 at 3:00 p.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California, for the purpose of conducting closed sessions. The next Regular City Council Meeting will be held on Tuesday, February 3, 2015 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-5 THIS PAGE IS INTENTIONALLY LEFT BLANK Tuesday, January 27, 2015 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, January 27, 2015 at 3:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, Monica Irons, Director of Human Resources, Greg Zocher, Human Resources Manager, Jason Stilwell, Interim Director of IT & Financial Planning and Anthony Mejia, City Clerk, were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION City Attorney Dietrick called for public comment. There was no one present desiring to speak on Closed Session. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6. Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, Greg Zocher, J. Christine Dietrick, Rick Bolanos, Jason Stilwell Represented Employee Organizations: San Luis Obispo City Employees’ Association (SLOCEA) San Luis Obispo Police Officers’ Association (POA) San Luis Obispo Police Staff Officers’ Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees C2-6 San Luis Obispo City Council Minutes of January 27, 2015 Page 2 CITY ATTORNEY REPORT ON CLOSED SESSION Following the Closed Session, City Attorney Dietrick advised that Council took no reportable action during its Closed Session. ADJOURNMENT The City Council adjourned to the next Regular City Council Meeting to be held on Tuesday, February 3, 2015 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-7 Tuesday, February 3, 2015 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 3, 2015 at 6:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, 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 Carpenter led the Pledge of Allegiance. INTRODUCTION OF NEW HIRES Community Development Director Johnson introduced newly-hired Plans Examiner Anne Schneider. APPOINTMENTS A1. APPOINTMENT TO THE MASS TRANSPORTATION COMMITTEE (MTC) City Clerk Mejia reviewed the contents of the Council Agenda Report and responded to Council inquiries. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to appoint Michelle Wong to the Mass Transportation Committee, as the Associated Students, Inc., student representative, for a term to expire on March 31, 2019. C2-8 San Luis Obispo City Council Minutes of February 3, 2015 Page 2 PUBLIC COMMENT Cathy Marvier, San Luis Obispo, commented on her positive experience visiting the Children’s Museum; noted there was limited disable accessible parking in the immediate area, suggesting that Council direct staff to explore modifying the area parking restrictions. Donald Hedrick, San Luis Obispo, voiced concerns regarding the impacts of chemtrails and geoengineering on exacerbated drought conditions. Robert Bettencourt, representing the San Luis Obispo American Legion, advised that the American Legion desires to partner with the City to assist with the Mayor’s Challenge to end Veteran Homelessness. In response to public comment, City Manager Lichtig advised that staff will evaluate the suggestions for additional disabled-accessible parking and extended parking times near the Children’s Museum and follow up with Ms. Marvier as appropriate. CONSENT AGENDA MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 through C4. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF THE CITY COUNCIL MEETINGS OF DECEMBER 2 AND DECEMBER 9, 2014 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meetings of December 2 and December 9, 2014. C3. REMOVAL OF 549 BUCHON STREET FROM THE CITY’S LIST OF CONTRIBUTING HISTORIC RESOURCES (CITY FILE NO. HIST-0089-2014 (CHC)) - RESOLUTION MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10596 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, removing the property located at 549 Buchon Street from the Contributing List of Historic Resources in the Old Town Historic District (HIST-0089-2014 (CHC)).” C2-9 San Luis Obispo City Council Minutes of February 3, 2015 Page 3 C4. WATER MASTER PLAN CONTRACT AMENDMENT MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Authorize the City Manager to execute a contract amendment of $48,070 for the Wallace Group to complete the City’s 2015 Water Master Plan. 2. Approve the transfer of $48,070 from the Water Fund’s General Carryover to Water Administration Contract Services. BUSINESS ITEM B1. WATER RESOURCE RECOVERY FACILITY PROJECT Utilities Director Mattingly, Utilities Deputy Director Hix, and Jeff Szytel, of Water Systems Consulting, narrated a presentation entitled “Water Resources Recovery Facility Project” and responded to Council inquiries. Donald Hedrick, San Luis Obispo, commended the Utilities Department for its efforts and spoke on the possibility of expanding recycled water uses to include wineries and other efforts to conserve potable water. Michelle Tasseff, San Luis Obispo, noted that she participated in the public workshops for design options and participated in a tour of the facility; voiced support for the project. In response to Council inquiry, Water Reclamation Supervisor Brewen advised that approximately 1,500 people per year, 850 of whom are K-12 and college students, take tours of the facility. Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Receive and file an update on the Water Resource Recovery Facility Project. 2. Authorize staff to submit a recycled water grant application to study maximizing recycled water production and distribution. 3. Authorize the City Manager to approve matching funding in an amount not to exceed $75,000. 4. Adopt Resolution No. 10597 (2015 Series) “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the submission of a Water Recycling Grant Application.” C2-10 San Luis Obispo City Council Minutes of February 3, 2015 Page 4 PUBLIC HEARINGS PH1. CONSIDERATION OF AMENDMENT TO THE CITY’S PUBLIC ART POLICY Parks and Recreation Director Stanwyck and Recreation and Public Art Manager Mudgett narrated a presentation entitled “Consideration of Additions to the City’s Public Art Policy” and responded to Council inquiries. Mayor Marx opened the public hearing. Donald Hedrick, San Luis Obispo, suggested that City-owned vehicles could be wrapped and used as public art; voiced support for expanding the public art program beyond the utility art boxes and other conventional media. There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve updates to the City’s Public Art Policies, including Management of Temporary Public Art and Pilot Programs and the Utility Box Art Program, as amended with the following revisions to the Utility Box Art Program Policy: 1. Section 7. Selecting an Art Jury: (Refer to Public Art Manual page 9 for selection of an Art Jury). Art juries help staff evaluate the qualifications received and make a final selection to proceed through the remainder of the approval process. The preferred approach is to create a five/seven member jury for a project. A minimum of one neighbor, or representative within proximity the utility box, for each of the affected neighborhood will be selected for an Art Jury. Art Jury names shall be included in the staff reports. 2. Section 9.e. Artists (or lead artist of a team) must reside in San Luis Obispo County, Santa Barbara or Monterey counties. 3. Section 10. Evaluation Criteria: The standard Guidelines for Public Art (Appendix B) will apply in making a determination that the proposed project is acceptable to the City and should move forward in the selection and approval process. Box art designs and locations, as recommended by the Art Jury, shall be reviewed and approved by the Architectural Review Commission to ensure the design meets the adopted Guidelines for Public Art. (Appendix B). Utility Box Art proposed within an established historical district shall be reviewed and approved by the Cultural Heritage Committee for consistency with historical context of the surrounding area. Designs that do not garner the unanimous support of the respective Advisory Bodies will not proceed, unless appealed to City Council pursuant to Municipal Code Section 1.20. Staff shall present the final utility box art designs and locations, as recommended by the Art Jury and Advisory Bodies, to the City Council for final approval. (Council action continued on next page) C2-11 San Luis Obispo City Council Minutes of February 3, 2015 Page 5 4. Section 13.a. Artwork must be original and may not contain advertising, religious art, sexual or illegal drug-related content, negative imagery or convey political partisanship. PH2. CODE AMENDMENTS TO PROVIDE FOR AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS, EXEMPT CERTAIN RAINWATER CATCHMENT SYSTEMS FROM PERMITS, AND AMENDING THE CODE ENFORCEMENT FEE RECOVERY – ORDINANCE INTRODUCTION Community Development Director Johnson and Building and Safety Supervisor Cornejo narrated a presentation entitled “Solar and Rain Barrel Permit Streamlining Ordinance” and responded to Council inquiries. Mayor Marx opened the public hearing. Donald Hedrick, San Luis Obispo, voiced support for the streamlining program; noted that rainwater catchment systems need to include mosquito abatement measures. John Ewan, San Luis Obispo, thanked staff for moving forward with implementation of the streamlining of solar permits. There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to introduce Ordinance No. 1612 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code by adding Chapter 15.14 to provide an expedited, streamlined permitting process for small residential rooftop solar systems; amending Title 15 of the Municipal Code by amending Chapter 15.04 to exempt certain rainwater catchment systems from permits" with the following revisions to Section 4: Exceptions: (1) A permit is not required for exterior rainwater catchment systems used for outdoor non-spray irrigation with a maximum storage capacity of 600 gallons where the tank is supported directly upon grade, and the ratio of height to diameter or width does not exceed 2 to 1 (except as exempted by the Chief Building Official upon confirmation of structural stability), it does not require electrical power or a makeup water supply connection, the height does not exceed seven feet, and it is not visible from the public right-of-way that abuts the front yard. LIAISON REPORTS Council liaison reports were received from Vice Mayor Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Council directed staff to agendize the consideration of replacing the utility box art at the corner of Pismo and Broad Streets for a future meeting. C2-12 San Luis Obispo City Council Minutes of February 3, 2015 Page 6 ADJOURNMENT The City Council adjourned at 7:54 p.m., to a Special Meeting to be held on Monday, February 9, 2015 at 3:00 p.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California, for the purpose of conducting a closed session. Special and Regular City Council Meetings are scheduled for Tuesday, February 17, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-13 Monday, February 9, 2015 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Monday, February 9, 2015 at 3:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, Monica Irons, Director of Human Resources, Greg Zocher, Human Resources Manager, Jason Stilwell, Interim Director of IT & Financial Planning, and Anthony Mejia, City Clerk, were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION City Attorney Dietrick called for public comment. There was no one present desiring to speak on Closed Session. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6. Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, Greg Zocher, J. Christine Dietrick, Rick Bolanos, Jason Stilwell, Joe Lamers Represented Employee Organizations: San Luis Obispo City Employees’ Association (SLOCEA) San Luis Obispo Police Officers’ Association (POA) San Luis Obispo Police Staff Officers’ Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees C2-14 San Luis Obispo City Council Minutes of February 9, 2015 Page 2 CITY ATTORNEY REPORT ON CLOSED SESSION Following the Closed Session, City Attorney Dietrick advised that Council took no reportable action during its Closed Session. ADJOURNMENT The City Council adjourned to the next Special and Regular City Council Meetings to be held Tuesday, February 17, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-15 Tuesday, February 17, 2015 Regular and Special Meetings of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 17, 2015 at 4:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. BUSINESS ITEMS B1. 2014-15 MID-YEAR BUDGET REVIEW - RESOLUTION Interim Director of Information Technology and Financial Planning Stilwell and Budget Manager Lamers narrated a presentation entitled “2014-15 Mid-Year Budget Review” and responded to Council inquiries. Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 3-2 (VICE MAYOR ASHBAUGH AND MAYOR MARX VOTING NO), to eliminate funding for Citizens' Revenue Enhancement Oversight Commission (REOC) compensation and direct staff to agendize consideration of amendments to Ordinance No. 1605 to eliminate compensation for REOC. Vice Mayor Ashbaugh noted for the record that REOC members may have applied for the position with the understanding that it was to be compensated and that he opposes the elimination of funding. C2-16 San Luis Obispo City Council Minutes of February 17, 2015 Page 2 Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to: 1. Receive an update of changes in financial position and revised projections for all funds for the 2014-15 Fiscal Year. 2. Approve revenue and expenditure changes presented in the accompanying Mid-Year Budget Review document, with the elimination of funding for REOC compensation. 3. Adopt Resolution No. 10598 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving changes to the 2014- 15 Budget, including the approval of supplemental funding requests,” with the elimination of funding for REOC compensation. B2. ADDRESSING THE CITY’S LONG TERM COSTS Finance and Information Technology Director Padilla and Interim Director of Information Technology and Financial Planning Stilwell narrated a presentation entitled “Addressing the City’s Long Term Liabilities” and responded to Council inquiries. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to provide policy guidance on prioritizing the City’s underfunded liabilities for accelerated payments. Specific direction includes the following: 1. Give priority consideration to accelerated payments to the unfunded pension liability, Other Post Employment Benefit (OPEB) liability, roads infrastructure, and equipment replacement funds (in that order). 2. Return at Strategic Budget Direction with recommendations to allocate portions of available one-time resources to make prepayment to certain long-term liabilities of the City based on the prioritization adopted by the City Council. 3. Develop a Budget Policy for incorporation in the 2015-17 Financial Plan that reflects this policy direction regarding the use of one-time resources. RECESS Council recessed at 5:05 p.m. C2-17 San Luis Obispo City Council Minutes of February 17, 2015 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 17, 2015 at 6:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, 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 Ashbaugh led the Pledge of Allegiance. PRESENTATION A. PROCLAMATION – WORLD SPAY DAY 2015 Mayor Marx presented a Proclamation to Ira Alpert, representing Feline Network of the Central Coast, proclaiming February 25, 2015 as “World Spay Day 2015.” PUBLIC COMMENT Linda White, San Luis Obispo, voiced support for on-campus housing for Cal Poly students, but noted concern about the Cal Poly South Dorm project. Steve Hansen, San Luis Obispo County Medical Society, stated that sixty years ago, San Luis Obispo was one of the first towns to fluoridate its water; read a resolution of the Oral Health Coalition recognizing the City of San Luis Obispo for its public health efforts. M. Robert Bettencourt, representing American Legion Post 66, San Luis Obispo, spoke on the need to address veteran homelessness and support the Housing First Program; suggested New Orleans as a model for programs. Donald Hedrick, San Luis Obispo, voiced concern about the current public distribution methods for Council agendas and staff reports; opined that too much City business is not conducted in regular meetings of the Council. C2-18 San Luis Obispo City Council Minutes of February 17, 2015 Page 4 Michelle Tasseff, San Luis Obispo, commended the new design of the City’s website. CONSENT AGENDA Donald Hedrick, San Luis Obispo, voiced objection to allowing a second reading of an ordinance under the Consent Calendar; stated that Item C5 should be agendized instead as a Business item. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 through C6. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF THE CITY COUNCIL MEETINGS OF DECEMBER 16, 2014 AND JANUARY 6, 2015 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meetings of December 16, 2014 and January 6, 2015, as amended. C3. ACCEPTANCE OF EQUIPMENT FROM MID-STATE INSTRUMENTS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to authorize the Police Department to accept a donation of night vision equipment from Mid-State Instruments for use during patrol and special operations. C4. CONTRACT EXTENSION WITH FINANCIAL CREDIT NETWORK FOR DEBT COLLECTION SERVICES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve the extension of the existing agreement with Financial Credit Network for a two-year period ending on July 13, 2016. C5. ORDINANCE NO. 1612 (SECOND READING) – CODE AMENDMENTS TO PROVIDE FOR A STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS AND EXEMPTING CERTAIN RAINWATER CATCHMENT SYSTEMS FROM PLUMBING PERMITS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1612 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code by adding Chapter 15.14 to provide an expedited, streamlined permitting process for small residential rooftop solar systems; amending Title 15 of the Municipal Code by amending Chapter 15.04 to exempt certain rainwater catchment systems from permits.” (Intro. on 02/03/2015) C2-19 San Luis Obispo City Council Minutes of February 17, 2015 Page 5 C6. CONTRACT AMENDMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS (PEG) FUNDS - TRANSFER OF PEG ACCESS CHANNEL EQUIPMENT TO SAN LUIS OBISPO COUNTY OFFICE OF EDUCATION MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Approve, and authorize the Mayor to execute, the Second Amendment to the Agreement by and between the City of San Luis Obispo and San Luis Obispo Unified School District for Release of PEG Access Funds (E-Portion), extending the term of the agreement through August 4, 2018. 2. Authorize the transfer of equipment currently housed at Charter Communications to the San Luis Obispo County Office of Education for the purpose of broadcasting Educational Channel content. PUBLIC HEARINGS PH1. MONTEREY HOTEL, A PROPOSED 102-UNIT MULTI-STORY HOTEL BUILDING WITH ASSOCIATED SITE IMPROVEMENTS (1845/1865 MONTEREY STREET): A. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO UPHOLD AN APPEAL OF AN APPROVAL OF AN ADMINISTRATIVE USE PERMIT (APPEAL FILED BY APPLICANT) B. REVIEW OF AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE THE DESIGN (APPEAL FILED BY RESIDENTS OF THE SAN LUIS DRIVE NEIGHBORHOOD) C. ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Mayor Marx, Vice Mayor Ashbaugh and Council Members Christianson and Rivoire disclosed their ex parte communications regarding this project. In response to recent public allegations of conflict of interest arising from work done on the project's environmental analysis by spouses consulting planner Jaime Hill and City Natural Resources Manager Bob Hill, City Attorney Dietrick stated that, while the City had yet to receive formal advice from the FPPC, it is the City Attorney's opinion, following review of California Government Code Sections 18702-18705, that no disqualifying conflict of interest exists, in that both parties worked in the interest of the City, and have no financial interest in the project’s outcome. C2-20 San Luis Obispo City Council Minutes of February 17, 2015 Page 6 Community Development Director Johnson and Associate Planner Carloni narrated a presentation entitled “1845/1865 Monterey Hotel, File No. 143-13” and responded to Council inquiries. There was consensus among Council to allow the applicant and appellant each 15 minutes of presentation and rebuttal time total. Mayor Marx opened the public hearing. Andrew Firestone, Applicant, opined that the applicants have maintained good communication with project site neighbors and been responsive to their concerns; noted the economic benefits of hotel construction and the importance of choosing infill development over sprawl. George Garcia, project architect, summarized changes that have been made to the proposed project in response to public comment, including the removal of creek-facing balconies and enclosure of the parking structure at ground level; narrated a PowerPoint presentation and showed an aerial video of view from the site; stated that the project is pedestrian and bike friendly. In response to Council inquiry, Mr. Garcia noted the intent to have a living wall or vertical bamboo screen between the project site and adjacent properties. Robert Lucas, representing the appellant, San Luis Obispo, reiterated that Ordinance No. 1130, relating to the zoning of portions of Monterey Street, is the basis of the appeal; voiced concerns related to un-buffered and deficient parking and size and massing of the hotel; stated that approval of the project will set a precedent for projects that are too tall, too large, and inconsistently styled with their surroundings. Angela Soll, Appellant, San Luis Obispo, noted that a Hyatt hotel was previously considered for the site and recommended for denial by staff; noted that Ordinance No. 1130 preserves residential uses; voiced concerns about project height, buffered parking, negative impact upon neighbors, and creek preservation. Ben Griffin, San Luis Obispo, displayed a slide showing the view from his property of a Super 8 motel; voiced concern that the proposed hotel will tower over his residence. Hana Novak, San Luis Obispo, opined that the project as recently revised does not address the issues of size, height and un-buffered interaction between commercial and residential uses; noting that the difference of grade will create the appearance from San Luis Drive of a much taller building; voiced concern that the parking will create creek bank encroachment and erosion. Cindy Vix, San Luis Obispo, commented that preservation of residential atmosphere should take priority over hotel tourism; opined that the City should discourage large, unscreened parking lots and that the project conflicts with Ordinance No. 1130. Wendy Daly, San Luis Obispo, stated that the hotel does not represents the quality of life known by residents of San Luis Obispo; voiced concern relating to the project’s mass and lack of cultural elements. C2-21 San Luis Obispo City Council Minutes of February 17, 2015 Page 7 Steve Hansen, San Luis Obispo, spoke on the importance of preserving San Luis Creek, noting the presence of threatened species in the creek; opined that the project should be either rejected or reduced in size to minimize parking demands and environmental impacts. Linda White, San Luis Obispo, voiced concern about negative impacts upon neighborhood wellness and residential views; suggested that the number of rooms be reduced in order to achieve parking compliance. Bob Tedone, San Luis Obispo, spoke in support of prioritizing neighborhood wellness; noted concern that sound and light from the hotel use will not be sufficiently buffered. RECESS Council recessed at 8:01 p.m. and reconvened at 8:12 p.m., with all Council Members present. Michelle Tasseff, San Luis Obispo, voiced support for the proposed hotel, opining that it would be a welcome addition to south San Luis Obispo; opined that decisionmakers need to consider what is best for everyone, not just immediate residential neighbors. Norman Brooks Smith, San Luis Obispo, asserted that the proposed hotel rooms are too small and there would be insufficient parking; suggested that a smaller, less impactful hotel would be congruent with adjacent residences and businesses. Victoria Kastner, Los Osos, voiced concern about negative impacts upon the neighboring Monday Club, which was designed by California architect Julia Morgan and is being considered for the National Register of Historic Places. Sally Equinoa, San Luis Obispo, commented on the discussion of this project before the Planning Commission and Architectural Review Commission; asserted there was confusion about the difference between the jurisdictions of the two bodies. Wendy Lucas, San Luis Obispo, stated that the residents of San Luis Drive are not opposed to development at the site per se, but want a more appropriate project with fewer building stories. Gene Goldschmidt, San Luis Obispo, voiced concern with size and mass of the project and stated that operable windows could cause negative impacts; opined that property values of the San Luis Drive neighborhood will be reduced. Donald Hedrick, San Luis Obispo, voiced objection to the project, noting impacts to the viewshed and watershed and oversized signage and building height; suggested that solar panels be installed on the rooftop. Carson Britz, San Luis Obispo, concurred with earlier concerns about compliance with Ordinance No. 1130, un-buffered parking, usable balconies and project size and mass; recommended that building height be reduced by one story C2-22 San Luis Obispo City Council Minutes of February 17, 2015 Page 8 Mary Okimoto, San Luis Obispo, noted concern about negative impacts on the privacy of and quality of life for neighboring residences; stated that she is concerned about lack of government protection of residential uses and considering selling her home. Terry Mohan, San Luis Obispo, opined that the hotel project is out of scale for the neighborhood. Sharon Dobson, San Luis Obispo, recommended that the project be reduced to 64 units and to three stories. Ann Hansen, San Luis Obispo, inquired about the hotel's revenue projections; noted that competing hotels will be located in the downtown and Cal Poly area. Charlene Rosales, Chamber of Commerce, spoke in support of infill projects that improve the tourist corridor and bike and pedestrian connectivity to the downtown; urged Council to approve the project. Paul Rys , San Luis Obispo, voiced support for neighborhood wellness and reiterated that the neighbors would support a less-impactful project in the same location. Mayor Marx invited the applicant and appellant to make their rebuttal statements. George Garcia, project architect, presented additional measures that could be implemented, including additional landscape treatments and increasing the height of the sound wall to 6-feet; clarified that the windows are operable per building code requirements and that 102 units cannot be created within a three-story footprint. Andrew Firestone, applicant, explained that a three-story building would render the project financially infeasible; stated that projected revenue is based on 80% occupancy. Robert Lucas, representing the appellant, noted that he disagreed with staff's parking counts; stated that sound generated by parking would be an issue for residents. There being no others desiring to speak on this item, the public hearing was closed. In response to public comment, Community Development Director Johnson clarified that the hotel application had been deemed complete before the recent adoption of the Land Use and Circulation Element, therefore the former regulations apply. Associate Planner Carloni clarified that staff confirmed 131 parking spaces exist at the site; reiterated that the site is not within a historic district. Natural Resources Manager Hill and Senior Civil Engineer Hannula responded to Council inquiries about mitigation measures for environmental concerns including stormwater runoff. Mayor Marx noted that the Council's approval of newly-added mitigations would be premature without returning the item for Planning Commission input. C2-23 San Luis Obispo City Council Minutes of February 17, 2015 Page 9 Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBER CARPENTER AND MAYOR MARX VOTING NO), to adopt Resolution No. 10599 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, upholding an appeal (filed by the Applicant) of the Planning Commission’s decision to uphold an appeal (filed by Robert Lucas) of the Administrative Hearing Officer's approval of an Administrative Use Permit; and denying an appeal (filed by Robert Lucas and Angela Soll) of the Architectural Review Commission’s design approval; thereby approving an Administrative Use Permit, a 15% parking reduction, and the design of a four-story, 102-room hotel project; and approving a Mitigated Negative Declaration of Environmental Impact, as represented in the staff report and attachments dated February 17, 2015 (1845/1865 Monterey Street, File No. 143-13),” as amended to include the following conditions of approval: 1. The applicant shall work with the Monday Club to coordinate any landscaping or other screening permitted under City policies or regulations to screen the hotel from the Monday Club. The Final Landscaping Plan shall be subject to the final approval of the Community Development Director and Natural Resources Manager. Said Plan shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. 2. The applicant shall fully enclose the parking at grade level on the east elevation. Final plans shall be subject to the final approval of the Community Development Director. 3. The applicant shall include additional landscaping at the rear of the property, subject to the final approval of the Community Development Director and Natural Resources Manager. 4. No window openings on the east elevation shall be modified to include balconies or decks, or to expand outside uses. Mayor Marx stated for the record that the project is not consistent with Ordinance No. 1130, sets a bad precedent for Monterey Street, and will negatively impact the neighborhood. LIAISON REPORTS A Council Liaison Report was received from Council Member Christianson. C2-24 San Luis Obispo City Council Minutes of February 17, 2015 Page 10 COUNCIL COMMUNICATIONS Mayor Marx noted the receipt of letters regarding the proposed increase in transportation of crude oil through San Luis Obispo. In response to Council inquiry, Community Development Director Johnson stated that Council adopted a Land Use and Circulation Element policy that the City opposes the transportation of crude oil through San Luis Obispo; City Attorney Dietrick advised that the City’s Legislative Platform contains a provision for supporting legislation relating to the safety of cargo transported via rail. There was consensus among Council to direct staff to draft a letter, for the Mayor’s signature, to the San Luis Obispo County Planning Commission in opposition to the Phillips 66 Company Rail Spur Extension Project. ADJOURNMENT The City Council adjourned at 10:07 p.m., to Special and Regular City Council Meetings to be held on Tuesday, March 3, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-25 Tuesday, March 3, 2015 Regular and Special Meetings of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 3, 2015 at 4:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION SS1. WATER RESOURCE RECOVERY FACILITY PROJECT TRIPLE BOTTOM LINE EVALUATION Utilities Director Mattingly, Utilities Deputy Director Hix, and Jeff Szytel, of Water Systems Consulting, narrated a presentation entitled "Water Resource Recovery Facility Project" and responded to Council inquiries. Via an electronically-facilitated straw poll vote, the Council answered staff prompts as follows: By a vote of 1 "High," 2 "Medium," and 1 "Low," with 1 abstention, Council responded to the question of how well an RV Dump Station at the WRRF meets the economic objectives. By a vote of 4 "High," and 1 "Medium," Council responded to the question of how well an RV Dump Station at the WRRF meets the environmental objectives. By a vote of 3 "High," and 2 "Medium," Council responded to the question of how well an RV Dump Station at the WRRF meets the social objectives. C2-26 San Luis Obispo City Council Minutes of March 3, 2015 Page 2 By a vote of 2 "Yes," and 3 "No," Council responded to the question of whether an RV dump station should be included at the WRRF. By a vote of 2 "High," 2 "Medium," and 1 "Low," Council responded to the question of how well odor control improvements meet the economic objectives. By a vote of 2 "High," 2 "Medium," and 1 "Low," Council responded to the question of how well odor control improvements meet the environmental objectives. By a vote of 2 "High," 2 "Medium," and 1 "Low," Council responded to the question of how well odor control improvements meet the social objectives. By a vote of 4 "Proceed with Current Plan," 1 "Do More," Council responded to the question of whether staff should proceed with odor control as in the Draft Facilities Plan, or do more. Council Member Ashbaugh left the meeting at 5:03 p.m. By a vote of 1 "High," 2 "Medium," and 1 "Low," with 1 absent, Council responded to the question of how well an interpretive center and public elements meet the economic objectives. By a vote of 1 "High," 1 "Medium," and 2 "Low," with 1 absence, Council responded to the question of how well an interpretive center and public elements meet the environmental objectives. By a vote of 2 "High," 1 "Medium," and 1 "Low," with 1 absence, Council responded to the question of how well an interpretive center and public elements meet the social objectives. By a vote of 3 "Proceed with Current Plan," and 1 "Do Less," with 1 absence, Council responded to the question of whether staff should proceed with interpretive center and public elements as in the Draft Facilities Plan, or do more or less. In response to Council inquiry, Szytel explained what "Do more" is intended to mean. By a vote of 4 "High," with 1 absence, Council responded to the question of how well maximizing recycled water meets the economic objectives. By a vote of 4 "High," with 1 absence, Council responded to the question of how well maximizing recycled water meets the environmental objectives. By a vote of 4 "High," with 1 absence, Council responded to the question of how well maximizing recycled water meets the social objectives. By a vote of 1 "Proceed with Current Plan," and 3 "Do More," with 1 absence, Council responded to the question of whether staff should continue to follow the recycled water strategy in the Draft Facilities Plan, or do more or less. C2-27 San Luis Obispo City Council Minutes of March 3, 2015 Page 3 RECESS Council recessed at 5:05 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 3, 2015 at 6:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh*, and Mayor Jan Marx. Council Member Ashbaugh arrived at approximately 6:10 p.m. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Cub Scouts Pack 214 led the Pledge of Allegiance. PRESENTATION P1. PROCLAMATION – WOMEN’S HISTORY MONTH Mayor Marx presented a Proclamation to Eva Ulz, representing the History Center of San Luis Obispo County, proclaiming March 2015 as "Women’s History Month." INTRODUCTION OF NEW HIRES I1. AARON FLOYD, UTILITIES DEPUTY DIRECTOR—WATER Utilities Director Mattingly introduced newly-hired Utilities Deputy Director—Water Aaron Floyd. C2-28 San Luis Obispo City Council Minutes of March 3, 2015 Page 4 PUBLIC COMMENT Heidi Petersen, San Luis Obispo, commented on the utility box art at Broad and Pismo Streets that is being considered for removal; noted that 570 people have "liked" her Facebook page in support of the utility box. Eric Veium, SLO Clean Energy, stated that over 100 attendees at the Goal-Setting Community Forum supported prioritizing a Community Choice Energy (CCE) program; requested that Council adopt a resolution in support of a CCE, sending letters to local jurisdictions seeking collaboration, and seeking support from programs such as QuickStart. Craig Mesman, Vice President of Hope’s Village of SLO, San Luis Obispo, summarized their idea to create a "tiny house village" to support homeless residents transitioning out of shelters; advised that five acres of land is needed to house the village; noted reading material had been delivered to City staff and Council. Wendell Hopkins, San Luis Obispo, voiced concern regarding speeding vehicles on Woodbridge Street; requested that Council consider traffic-calming measures to improve pedestrian safety. Rob Davidson, representing Friends of Laguna Lake, San Luis Obispo, voiced concern that the lake will be dry again by mid-year; stated that planning for dredging should begin now; requested that Council direct staff to allocate resources accordingly. Donald Hedrick, San Luis Obispo, made comment regarding chemtrails and ash generated by coal-burning for electricity generation; opined that the City should work with the Air Pollution Control Board to address environmental threats. Peggy Koteen, representing Central Coast Compassion Coalition, San Luis Obispo, invited Council and the community to view the film "Cowspiracy" at the Palm Theater between March 22 and 28. In response to public comment, Council directed staff to follow up with Mr. Hopkins regarding the issue of vehicular speeding on Woodbridge. CONSENT AGENDA Stew Jenkins, San Luis Obispo, opined that project labor agreements should be used to require contractors to hire local residents; noted that Item C6 does not address a project labor agreement; suggested that Council rebid the project and this and future construction projects to require a labor agreement. Vice Mayor Ashbaugh commented for the record that, at junctures where in-street utility work is performed, the City should consider burying conduit for the potential future utility undergrounding; noted a desire for future consideration of project labor agreements, particularly for the Water Resource Recovery Facility project. C2-29 San Luis Obispo City Council Minutes of March 3, 2015 Page 5 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to approve Consent Calendar Items C1 through C7. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF THE CITY COUNCIL MEETINGS OF JANUARY 13, 2015 AND JANUARY 20, 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to approve the Minutes of the City Council meetings of January 13, 2015 and January 20, 2015. C3. REQUEST FOR 80-PERCENT DENSITY BONUS AFFORDABLE HOUSING INCENTIVE FOR 860 HUMBERT AVENUE (CITY FILE NOS. A/ARC/AHI 113- 14 - RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10600 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the 80-percent density bonus affordable housing incentive for 860 Humbert Avenue, Lot 51 (AHI 113-14)." C4. SUNGARD PUBLIC SECTOR FIXED ASSETS MODULE LICENSING - CONTRACT AMENDMENT MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to approve the amendment to the existing contract with SunGard Public Sector to add a Fixed Assets Module licensing. C5. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2342 (392 PRADO ROAD, TR 63-05) - RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10601 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, partially accepting the public improvements and certifying completion of the private improvements for Tract 2342 (392 Prado Road, TR 63-05)." C2-30 San Luis Obispo City Council Minutes of March 3, 2015 Page 6 C6. MONTEREY STREET WATER MAIN REPLACEMENT, SPECIFICATION NO. 91284 – CONTRACT AWARD MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to: 1. Award a contract to Whitaker Construction Group, Inc. in the amount of $388,334.00 for the "Monterey Street Water Main Replacement, Specification No. 91284." 2. Approve the fund transfer amount of $77,570 from the water fund Completed Projects account to the Monterey Street Water Main Replacement project’s construction phase and $60,000 from the Water Enterprise Fund’s General Carryover account to the Monterey Street Water Main Replacement project’s construction management phase. C7. WATER RESOURCE RECOVERY FACILITY PROGRAM CONTRACT AMENDMENT MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to: 1. Authorize the City Manager to execute a contract amendment with Water Systems Consulting, Inc. for an amount not to exceed $79,300. 2. Authorize the City Manager to approve payment for the contract amendment, from the sewer fund working capital if adequate funding is unavailable within the existing contract. PUBLIC HEARINGS PH1. REVIEW OF FINAL DESIGN PLANS FOR A MIXED-USE PROJECT KNOWN AS PACIFIC COURTYARDS WITH 8,050 SQUARE FEET OF OFFICE SPACE AND NINE RESIDENTIAL UNITS BETWEEN OSOS AND MORRO STREETS IN THE OLD TOWN HISTORIC DISTRICT (ARC 96-13 PACIFIC COURTYARDS) – RESOLUTION Council Member Christianson announced her recusal from the item due to ownership of property within 500 feet of the project and left the Chamber at 6:40 p.m. Mayor Marx, Vice Mayor Ashbaugh, and Council Member Rivoire disclosed their ex parte communications regarding this project. Community Development Director Johnson and Senior Planner Dunsmore narrated a presentation entitled "Pacific Courtyards" and responded to Council inquiries. C2-31 San Luis Obispo City Council Minutes of March 3, 2015 Page 7 Mayor Marx opened the public hearing. Dixie Cliff, member of Save our Downtown, San Luis Obispo, voiced support for recent changes made to the project proposal; suggested further modifications relating to roofline setbacks. David Brodie, San Luis Obispo, spoke in support of the project overall; noted concern about the dark color palette. Alice Davis, San Luis Obispo, neighboring property owner, opined that the revised project design blends well with existing homes and structures; recommended that Council approve the project. Peter Peterson, San Luis Obispo, spoke in support of the revised building setbacks and reduction in building mass. Stew Jenkins, San Luis Obispo, thanked Council for sending the project back to the Cultural Heritage Committee and Architectural Review Commission; suggested that Council make a final policy decision related to rooftop decks in residential areas. Donald Hedrick, San Luis Obispo, opined that the viewshed will suffer from the increasing height of buildings downtown; stated that the project is too large for the neighborhood. Thom Jess, project architect, San Luis Obispo, urged Council to approve the project. There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0 (COUNCIL MEMBER CHRISTIANSON RECUSED), to adopt Resolution No. 10602 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, granting final design approval to the Pacific Courtyards Project with 9 residential units and 8,050 square feet of office space and approving a 10% shared parking reduction and automobile trip reduction program for property located at 1321 & 1327 Osos Street (ARC 96-13)." Council Member Christianson returned to the Chamber at 7:07 p.m. C2-32 San Luis Obispo City Council Minutes of March 3, 2015 Page 8 PH2. CONSIDERATION OF REGULATING RETAIL SALES AND PROHIBITING THE USE OF ELECTRONIC CIGARETTES IN ALL PLACES WHERE SMOKING IS CURRENTLY PROHIBITED – ORDINANCE INTRODUCTION Community Development Director Johnson and Special Projects Manager Hermann narrated a presentation entitled "E-Cigarette Ordinance" and responded to Council inquiries. Mayor Marx opened the public hearing. Skye Michel, San Luis Obispo High School Friday Night Live Club, San Luis Obispo, noted concern that the causal reputation of e-cigarettes can lead to the misperception that they are harmless; urged Council to support the proposed ordinance. Winston Holyfield, San Luis Obispo High School Friday Night Live Club, San Luis Obispo, noted that e-cigarettes do not have the same odor as tobacco cigarettes, preventing the detection of second-hand fumes; urged Council to approve the ordinance. Lindsey Young, San Luis Obispo High School Friday Night Live Club, San Luis Obispo, voiced concern that e-cigarettes are increasing access to tobacco by adolescents and poses an exposure risk for passersby; urged Council to support the ordinance. Kathleen Karle, San Luis Obispo County Public Health Department, cited recent medical reports; noted the lack of evidence that e-cigarettes lead to the cessation of smoking, and the rise of use of e-cigarette use in teens. Kjerstin Ferris, representing The Sub, San Luis Obispo, spoke on her experience reducing cigarette use with e-cigarettes; commented on the advantages and misconceptions about e-cigarettes. Jeremy Salinas, employee of The Sub, Nipomo, noted concern about misconceptions about e-cigarettes; opined that e-cigarettes are useful for smoking cessation; voiced opposition to the adoption of the ordinance. Steve Hansen, representing the County Medical Association, San Luis Obispo, stated that local government must take a lead on protecting citizen health; noted the large number of other cities that have enacted e-cigarette laws; urged Council to make no exemptions for existing businesses. Ann Hansen, San Luis Obispo, noted a California Department of Public Health pamphlet regarding the risks of e-cigarettes; stated that studies demonstrate e-cigarettes do not help cigarette smokers quit. Raymond Hanson, San Luis Obispo, noted that he has an affiliation with The Sub; opined that there is confusion about vaping and smoking; urged Council to take more time to study the matter and consider citizen input. C2-33 San Luis Obispo City Council Minutes of March 3, 2015 Page 9 David Clous, Atascadero, voiced support for the proposed ordinance; stated that e- cigarettes deliver chemicals that negatively impact health and wellness; noted that Senator Barbara Boxer will petition the FDA to fully regulate e-cigarettes. Stanton High, San Luis Obispo, voiced concern that no differentiation is being made between smoking and vaping; opined that there is a decrease in youth smoking which can be attributed to increased e-cigarette use. Graham Lovejoy, Grover Beach, spoke on his experience converting from cigarette use to e-cigarette use; noted that he owns a vapor shop in Grover Beach which offers non- nicotine samples. Lin Fox, San Luis Obispo, voiced opposition to the City attempting to control the use of e-cigarettes; expressed concern about the increase of government control on citizen behavior. Donald Hedrick, San Luis Obispo, stated that nicotine corporations are diminishing and attempting to target new, young customers; stated that tobacco products, unlike e- cigarettes, cause coughing, which disperses chemicals. Jeff Thompson, Atascadero, noted his inability to stop smoking until using e-cigarettes; voiced opposition to requiring a tobacco use permit as proposed, as there is no tobacco in e-cigarette products. Michelle Tasseff, San Luis Obispo, former health educator, noted that e-cigarette stores leave their doors open to release vapor; encouraged Council to move forward with the ordinance and make children's safety a priority. Michael Kirkpatrick, Atascadero, owns a vape store in Atascadero; spoke on the positive health effects of converting from tobacco products to e-cigarettes; urged Council to conduct research and learn about the benefits of the product. There being no others desiring to speak on this item, the public hearing was closed. RECESS Council recessed at 8:05 p.m. and reconvened at 8:17 p.m., with all Council Members present. In response to public comment, Special Projects Manager Hermann reiterated that the proposed ordinance does not represent an ban on e-cigarettes, but would result in e- cigarettes being treated uniformly with tobacco cigarettes. C2-34 San Luis Obispo City Council Minutes of March 3, 2015 Page 10 Following discussion, MOTION BY COUNCIL MEMBER CHRISTIAN SON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to adopt Ordinance No. 1613 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapters 8.14, 8.16 and 8.17 of the San Luis Obispo Municipal Code relating to the sale and use of electronic smoking devices," amended as follows: A. Add findings, and amend existing findings, as follows [strike-and-underscore used here for clarity only]: WHEREAS, a January 2015 report by the State of California Health and Human Services Agency determined that the use and experimentation of electronic smoking devices by youth is increasing and that research suggests kids who would have otherwise never smoked cigarettes are now becoming addicted to nicotine through the use of electronic smoking devices; and WHEREAS, this same report further indicates that for young adults (18 to 29 years old), the use of electronic smoking devices has tripled in only one year from 2.3 percent to 7.6 percent and that nearly 20 percent of young adults who use e- cigarette have never smoked traditional cigarettes; and WHEREAS, the use of electronic smoking devices in public places and places of employment increases the social acceptability and appeal of smoking, particularly for youth and young adults, undermining the progress that has been made over the years in discouraging smoking; and WHEREAS, the use of electronic smoking devices within public places and places of employment, including significant tobacco retailers, is inconsistent with current social values regarding tobacco use, undermines the City’s efforts to curb tobacco use and its harmful effects, and otherwise contributes to increased use and experimentation of tobacco by youth and young adults; and WHEREAS, in order to protect the health, safety and welfare of the community the City has decided to legislatively prohibit the use of electronic smoking devices in all areas where the smoking of tobacco products is currently prohibited within certain areas of the city. B. Add Section 4, to read as follows, and renumber subsequent sections [strike-and- underscore formatting to be preserved in the body of the ordinance]: SECTION 4. Section 8.16.050.A of Chapter 8.16 of the San Luis Obispo Municipal Code is hereby amended to read as follows: Significant tobacco retailers in existence as of the effective date of the ordinance codified in this chapter May 20, 2010, provided within six months of the effective date a dedicated ventilation system is installed and operational; and provided, that minors are at all times prohibited from entering the store. If the condition of the required ventilation system is not met within the specified time then this exception will be null and void. C2-35 San Luis Obispo City Council Minutes of March 3, 2015 Page 11 STUDY SESSION SS2. REVIEW OF NEIGHBORHOOD MATCH GRANT PROGRAM Community Development Director Johnson and Senior Planner Leveille narrated a presentation entitled "Neighborhood Match Grants" and responded to Council inquiries. Donald Hedrick, San Luis Obispo, noted that he attempted to create a fund for needed street lights; supports the program to aid in neighborhood wellness. By consensus, the Council received and filed a presentation on Neighborhood Match Grants and provided preliminary direction as follows: A. Consider allowing higher individual awards, closer to $2,000. B. Consider allocating more than $10,000 for the program overall. C. Ensure that projects align with City budget policies and Charter, as well as serving citizen interests. D. Evaluate the possibility of presenting each project for review by the advisory body with appropriate jurisdiction; avoid Council review as a general rule. E. Identify geographic neighborhood boundaries. F. Examine ways to ensure equitable distribution of funds among neighborhoods. LIAISON REPORTS Council Liaison Reports were received from Vice Mayor Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Council directed staff to agendize a resolution and authorization for the Mayor to send letters to neighboring cities and San Luis Obispo County in support of the exploration of forming a Community Choice Aggregation energy program, and to provide additional information regarding "QuickStart" and other opportunities to partner with public and private organizations. ADJOURNMENT The City Council adjourned at 9:43 p.m., to Special and Regular City Council Meetings to be held on Tuesday, March 17, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY COUNCIL: XX/XX/XX C2-36 THIS PAGE IS INTENTIONALLY LEFT BLANK