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HomeMy WebLinkAbout03-31-2015 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo f J Tuesday, March 31, 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 31, 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 ITEM B1. WATER REVENUE STABILITY ANALYSIS Utilities Director Mattingly, Utilities Services Manager Munds, and Shawn Koorn, of HDR Engineering Inc., narrated a presentation entitled "Water Rate Structure Review and Update" and responded to Council inquiries. Steve Barasch, San Luis Obispo, suggested that more attention be focused on lowering the costs to delivering water services; voiced concern that increasing water rates will negatively impact the affordability of homeownership; pointed out that lawns and green spaces are browning due to watering restrictions. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to direct staff to maintain Tier 1 volumetric charges, increase Tier 2 volumetric charges, and make adjustments to the base charges, over a three year period, as necessary to meet revenue targets. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to authorize the one -time use of Rate Stabilization Reserve funds in the amount of $1 million to cover the 2014 -15 water sales revenue loss. San Luis Obispo City Council Minutes of March 31, 2015 Page 2 PUBLIC COMMENT ON CLOSED SESSION City Attorney Dietrick called for public comment. There was no one present desiring to speak regarding Closed Session items. ADJOURNMENT TO CLOSED SESSION The City Council adjourned to Closed Session at 5:10 p.m. San Luis Obispo City Council Minutes of March 31, 2015 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 31, 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 Christianson led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION ITEMS City Attorney Dietrick reported that on a motion by Council Member Carpenter, second by Council Member Christianson, carried 5 -0, authorized the defense of the recently served lawsuit, identified as Closed Session Item A; advised that Council took no reportable action on Closed Session Items B and authorized negotiations and provided direction on price and terms of payment in relation to Closed Session Item C. PRESENTATION P1. PROCLAMATION — SEXUAL ASSAULT AWARENESS MONTH Mayor Marx presented a Proclamation to Megan Rivoire, representing RISE ( Respect /Inspire /Support/Empower), proclaiming April 2015 as "Sexual Assault Awareness Month." P2. PROCLAMATION — NATIONAL SERVICE RECOGNITION DAY Mayor Marx presented a Proclamation to Aeron Arlin Genet, representing the San Luis Obispo County Air Pollution Control District, proclaiming April 7, 2015, as "National Service Recognition Day." San Luis Obispo City Council Minutes of March 31, 2015 P3. PRESENTATION — CIVICSPARK PROGRAM 4 Erica Rippe, AmeriCorps team member working via the San Luis Obispo County Air Pollution Control District, made a presentation regarding the CivicSpark program and its efforts to implement the City's Climate Action Plan. PUBLIC COMMENT Mila Vujovich- LaBarre, San Luis Obispo, noted that the Caltrans Division of Aeronautics has requested that Council reconsider its decisions related to the Land Use and Circulation Elements /Airport Overlay Zone; urged Council to move forward with reconsideration and to seek a solution that protects residents and airport users safety. Gary Felsman, San Luis Obispo, advised that the County has taken a code enforcement action against the Bunyon Brothers Composting Facility and urged that the City work collaboratively with the County and Integrated Waste Management Authority to resolve the issue. Steve Delmartini, San Luis Obispo, recommended that the City's proposed rental housing inspection program include an analysis of the forecasted five -year operating cost, with one -year and three -year Council review milestones to evaluate the effectiveness of the ordinance. Donald Hedrick, San Luis Obispo, asserted that the election process has been corrupted and electronic voting machines should be removed from use; stated that many individuals have claimed to have voted for him in his most recent campaigns for City Council and Mayor which are not reflected in the election results. Graham Upde rg ove, San Luis Obispo, requested that the draft rental housing inspection ordinance be released one month in advance of Council's hearing; expressed concerned that program cost will not be fully recovered, noting problems experienced by the City of Santa Cruz with a similar program. In response to public comment, Community Development Director Johnson advised that staff is conducting early outreach with community stakeholders regarding the rental housing inspection program. City Manager Lichtig noted that it is infeasible to maintain the current schedule and to release the Council Agenda Report early, due to the need for peer and legal review of the proposed ordinance. In response to Council inquiry, Community Development Director Johnson advised that the code enforcement action concerning the composting facility is a County file, which the City is tracking and will follow -up as appropriate. San Luis Obispo City Council Minutes of March 31, 2015 CONSENT AGENDA 5 Graham Upde rove, San Luis Obispo, opined that the odor nuisance ordinance (Item C10) is intended to target medical marijuana cultivation; voiced concern that this ordinance is broad and enforcement will be complex. Steve Delmartini, San Luis Obispo, expressed concerns regarding the provisions of the code requiring odor nuisances to cross parcel /property lines, pointing out there will be enforcement problems at duplexes and apartment complexes. Donald Hedrick, San Luis Obispo, requested that the Council pull Item C 10 from the Consent Calendar for discussion; suggested that the item be placed on an election as a ballot measure. Gordon Mullin, San Luis Obispo, voiced opposition to Item CIO; opined that odor issues are minor and trivial and should not require the use of City resources; suggested that the ordinance have a one -year sunset date to require Council reconsideration. Mary Lou Johnson, San Luis Obispo, requested that Item C10 be pulled and denied; opined that an odor nuisance ordinance is too intrusive. Claire Vollmer, Arroyo Grande, spoke in opposition to the proposed odor nuisance ordinance; stated that the provisions will be difficult to enforce and occupy too much staff time. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve Consent Calendar Items C1 through C9, with Item C 10 pulled for separate consideration. 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 MEETING OF MARCH 17, 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve the Minutes of the City Council meeting of March 17, 2015. San Luis Obispo City Council Minutes of March 31, 2415 Page 6 C3. LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821— RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Adopt Resolution No. 10607 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Real Property Easement Agreement with Pacific Gas & Electric for utility lines." 2. Approve a contract amendment to Encumbrance No. 40908 with Dokken Engineering in the amount of $10,000 to perform geotechnical services during the construction phase of the Los Osos Valley Road /U.S. 101 Interchange Improvements Project, Specification No. 99821. C4. AGREEMENT WITH CITYGATE ASSOCIATES FOR ANALYSIS OF FIRE - BASED EMERGENCY SERVICES AND FUNDING OPTIONS MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve, and authorize the City Manager to execute, a Consultant Services Agreement with Citygate Associates, LLC, for analysis of fire -based emergency response services for an amount not to exceed $58,192. C5. AMENDMENT NO. 1 TO THE CITY /CAL POLY FIBER OPTIC PARTNERSHIP MEMORANDUM OF UNDERSTANDING MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to authorize the Mayor to approve Amendment No. 1 to the City /Cal Poly Fiber Optic Partnership Memorandum of Understanding to increase the number of fiber strands allocated by Cal Poly to the City from 24 to 48 strands in the shared fiber cable ring. C6. REQUEST FOR PROPOSAL FOR CITY PUBLIC SAFETY AUDIO RECORDING SYSTEM MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Authorize staff to advertise a Request for Proposal to replace the City's Audio Recording Equipment, Specification No. 91325. 2. Authorize the City Manager to award the contract if the selected proposal is within the approved budget of $40,700. San Luis Obispo City Council Minutes of March 31, 2015 Page 7 C7. AMENDMENT NO. 1 TO THE CITY/DIGITAL WEST FIBER OPT[ INFRASTRUCTURE AGREEMENT MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to approve, and authorize the Mayor to execute, the First Amendment to the City /Digital West Fiber Optic Infrastructure Agreement which allows Digital West to expand its fiber optic network within City -owned conduits by granting Digital West a nonexclusive license to designated portions of the City's conduit system. C8. ANNEXATION TAX EXCHANGE AGREEMENT FOR A.74 ACRE PROPERTY LOCATED NEAR THE CORNER OF BROAD STREET AND FARMHOUSE LANE (1146 FARMHOUSE LANE) — RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to adopt Resolution No. 10608 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, accepting a negotiated exchange of property tax revenue and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo." C9. GRANT APPLICATION FOR AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM FISCAL YEAR 2014/15 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: Authorize staff to apply for a grant under the Affordable Housing and Sustainable Communities Program Fiscal Year 2014/15 for improvements to South Broad Street and authorize the City Manager to execute any agreements related to such grant. 2. Adopt Resolution No. 10610 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the preparation and application for grants funds under the Affordable Housing and Sustainable Communities (AHSC) Program for improvements to the South Broad Street area." C10. ORDINANCE NO. 1614 (SECOND READING) — ADDITION OF AN ODOR NUISANCE PROVISION TO THE MUNICIPAL CODE Council Member Carpenter noted opposition to the ordinance; opined that the subjectivity of the proposed language will render it unenforceable and cause it to consume too much staff time. Council Member Rivoire concurred. Vice Mayor Ashbaugh noted for the record that the finding contained in the draft ordinance which references the most recent odor complaints received by the City is no longer accurate following tonight's public comment regarding a composting facility. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND RIVOIRE VOTING NO), to adopt Ordinance No. 1614 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 8.22 to the San Luis Obispo Municipal Code regarding Offensive Odors." (Intro. on 3/17/2015) San Luis Obispo City Council Minutes of March 31, 2015 Page 8 BUSINESS ITEMS B2. DETERMINATION OF HISTORICAL SIGNIFICANCE FOR 2881 BROAD STREET - RESOLUTION Each Council Members disclosed their ex -parte communications regarding the matter, noting they individually visited the site and met with the property owners. Community Development Director Johnson and Senior Planner Leveille narrated a PowerPoint presentation entitled "Historic Significance Determination -2881 Broad Street" and responded to Council inquiries. Dustin Pires, applicant and property owner, summarized the deteriorated conditions of the existing structure, noting that rehabilitation may impact the feasibility of redeveloping the site; advised that attempts will be made to reuse the brick materials in elements of the new project. Eric Newton, property owner, asserted that there are no compelling reasons to consider the property historic other than the use of brick; stated that the original owner Jesse Yoakum, was also a developer and would have likely demolished the building himself. Rodessa Newton, property owner, noted her desire to see the neighborhood rehabilitated and improved and requested that Council not add the property to the list. Cristina Pires, property owner, opined that the historical elements of the structure do not outweigh the potential redevelopment of the site; pointed out that the Cultural Heritage Committee was not unanimous in its recommendation. Trevor Miller, San Luis Obispo, voiced opposition to adding the site to the list of contributing historic resources, asserting that the structure and site history lacks merit. Donald Hedrick, San Luis Obispo, voiced support for adding the site to the list, noting that the brick fagade is unique and should be preserved. Emily Francis, San Luis Obispo, opined that removal of the stricture will allow the property owners maximum creativity in redeveloping the site. Steve Delmartini, San Luis Obispo, commented that redevelopment of the site will eliminate an eyesore and benefit the neighborhood. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to deny the recommendation of the Cultural Heritage Committee to add the property to the City's list of Contributing Historic Resources. San Luis Obispo City Council Minutes of Marcl1 31 2015 Page 9 B3. RESOLUTION SUPPORTING CITY PARTICIPATION IN T[ [ E EXPLORATION OF COMMUNITY CHOICE AGGREGATION TOGETHER WITH OTHER JURISDICTIONS IN THE REGION Assistant City Manager Codron summarized the contents of the Council Agenda Report and responded to Council inquiries. Eric Meyer, San Luis Obispo, spoke in support of moving forward with a feasibility study for a Community Choice Aggregation (CCA) Program; noted the potential for lost opportunities if the City waits for the County to be the lead agency; urged Council to take definitive action. Gordon Mullin, San Luis Obispo, spoke in opposition to the City participating in a CCA mandate; noted concern that taxpayer money may be at risk and jeopardized by the City's participation in the financing of what should be a private utility. Scott Mann, San Luis Obispo, summarized the benefits of a CCA program; commented that local leadership and political will are needed to move this program forward. Eric Veium, SLO Clean Energy, San Luis Obispo, thanked Council for considering the proposed resolution; urged Council to show leadership by adopting the resolution and undertaking a feasibility study with the assistance of California Clean Power. Donald Hedrick, San Luis Obispo, urged Council to leverage its power to move the proposal along; commented that the public needs more assurances that investigation of a CCA program will not waste time and taxpayer money. Peter Rumble, California Clean Power Executive Director, Santa Rosa, thanked Council for considering the proposed resolution; noted that many jurisdictions with the same constraints have moved forward with exploring a CCA program; stated that no taxpayer money will be put at risk and that California Clean Power will pay for a feasibility report with no obligation to the City. RECESS Council recessed at 8:13 p.m. and reconvened at 8:24 p.m., with all Council Members present. San Luis Obispo City Council Minutes of March 31. 2015 Page 10 Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10609 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, confirming City of San Luis Obispo participation in the exploration of Community Choice Aggregation," with the following revisions: a. Amend Section 1. to read as follows: "The San Luis Obispo City Council agrees to participate in an inter jurisdictional investigation into the feasibility of Community Choice Aggregation (CCA), through a CCA Exploration Advisory Committee (CEAC), supported by SLO Clean Energy, California Clean Power, or similar entity, to guide preparation of feasibility information without obligation of the expenditure of General Funds unless separately authorized in a future action by the San Luis Obispo City Council." b. Amend Section 3. to read as follows: "City staff is authorized to execute the appropriate documents to allow the city, CEAC, SLO Clean Energy, California Clean Power, or similar entity, and its technical consultants to acquire energy usage load data from the electric distribution utility so it may be analyzed as part of the exploration process." B4. ACTIVITY REPORT FOR THE NATURAL RESOURCES PROTECTION PROGRAM FOR 2015 Assistant City Manager Codron, Natural Resources Manager Hill, and City Biologist Otte narrated a PowerPoint presentation entitled "Natural Resources Protection Program" and responded to Council inquiries. Donald Hedrick, San Luis Obispo, noted concern that Orcutt Creek and the creek at Demon Garcia Park are in need of attention; commented that chemtrails are dispersing toxic waste and causing droughts; opined that the City needs to obtain fresh data about Laguna Lake in order to plan restoration. Following discussion, MOTION BY MAYOR MARX, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to receive and file the 2015 Natural Resources Protection Program Annual Activity Report. COUNCIL LIAISON REPORTS Council Liaison Reports were received from Vice Mayor Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Mayor Marx reported on her attendance at the Local Government Commission forum on Green Streets, noting that the City of Paso Robles recently finished a "Complete Streets" project and suggested that Council take a field trip to the site in the future. San Luis Obispo City Council Minutes of March 31, 2015 Page 11 ADJOURNMENT The City Council adjourned at 9:25 p.m., to Regular City Council Meeting to be held on Tuesday, April 21, 2015 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. A,�t - nt ony J. Me` a, M City Clerk APPROVED BY COUNCIL: 04/21/2015