HomeMy WebLinkAbout08-18-2015 Item 04 Minutes
City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis
Obispo
Tuesday, July 7, 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, July 7,
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 RESOURCE RECOVERY FACILITY PROJECT – FACILITIES PLAN
AND DESIGN ENGINEERING REQUEST FOR PROPOSALS
Utilities Director Mattingly, Utilities Deputy Director Hix, and Jeff Szytel, of Water
Systems Consulting, narrated a PowerPoint presentation entitled “Water Resource
Recovery Facility Project” and responded to Council inquiries.
Following discussion, MOTION BY COUNCIL MEMBER CARPENTER, SECOND
BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to:
1. Adopt the Water Resource Recovery Facility (WRRF) Facilities Plan.
2. Authorize the issuance of a Request for Proposals for design engineering services for
the WRRF Project.
3. Authorize the City Manager to award a design engineering consultant services
agreement if the selected proposal does not exceed $6.3 million.
RECESS
Council recessed at 4:39 p.m.
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San Luis Obispo City Council Minutes of July 7, 2015 Page 2
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 7,
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.
PUBLIC COMMENT
Donald Hedrick, San Luis Obispo, opined that the public should be permitted to speak for up to
five minutes during public comment; asserted that the government has a responsibility to protect
citizens against corporations that work against the public’s interest.
Harry Busselen, San Luis Obispo, spoke on the recent water constituent violation; opined that
infants and young children should have been directed to consume filtered water.
In response to public comment, Utilities Director Mattingly explained that due to drought
conditions and reduced water consumption, that trihalomethane was detected in the City’s water
system; noted that the City is primarily concerned with providing safe and clean drinking water;
advised that notification was provided to all utility customers and that the City is exploring all
possibilities to prevent a reoccurrence.
CONSENT AGENDA
Whitney Szentesi, Child Development Resource Center, San Luis Obispo, spoke on Item C3;
requested that Council reconsider providing a grant to the Child Development Resource Centers,
stating that the Human Relations Commission (HRC) denied their funding request.
Juliane McAdam, Senior Nutrition Program of San Luis Obispo County, Los Osos, thanked the
City for providing a grant to her organization.
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San Luis Obispo City Council Minutes of July 7, 2015 Page 3
Anna Boyd-Bucy and Carol Florence, Big Brothers Big Sisters of San Luis Obispo County,
thanked the City for its Grants-In-Aid funding to help support the Big Brothers Big Sisters
program.
Denise Leader Stoeber, Cal Poly Arts La Guitarra California Festival, thanked the City for its
Grants-In-Aid funding support.
Vera Wallen, Library Foundation, thanked the City for its Grants-In-Aid funding to help support
the Library Foundation.
Marilyn Fidler, Opera San Luis Obispo, San Luis Obispo, thanked the City for its contribution to
support Opera San Luis Obispo; noted that it is the organization’s 30th Anniversary.
Michael Jencks, Ecologistics, thanked the City for its Grants-In-Aid funding support, noting that
the project was held jointly with San Luis Obispo Down Cancer.
Rick London, United Way of San Luis Obispo County, San Luis Obispo, thanked the City for its
support of the 2-1-1 Call Center which connects residents to county services.
Bettina Swigger, Festival Mozaic, San Luis Obispo, thanked the City for its support of the 2015
Summer Music Festival; noted that the festival will be held over ten days and will bring artist
and musicians to the area.
Donald Hedrick, San Luis Obispo, opined that adoption of ordinances should not be agendized
on the consent calendar; opined that Council Members should be accountable for enacting new
laws.
Harry Busselen, San Luis Obispo, expressed concerns regarding Item C11; opined that the
existing City Hall is too small and a new City Hall should be constructed outside of the
downtown area.
Susan Graves, Court Appointed Special Advocates of San Luis Obispo County (CASA), San
Luis Obispo, thanked Council for its continued support of CASA and for providing Grants-In-
Aid funding.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to approve Consent Calendar Items C1 thru C11.
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 JUNE 2, JUNE 9, AND
JUNE 11, 2015
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to approve the Minutes of the City Council meetings of
June 2, June 9, and June 11, 2015.
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C3. CONSIDERATION OF 2015-16 HUMAN RELATIONS COMMISSION GRANTS-
IN-AID FUNDING RECOMMENDATIONS
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Approve the 2015-16 Grants-in-Aid funding allocations in the amount of $135,500.
2. Authorize the Community Development Director to execute agreements with each
grant recipient.
C4. 2015-16 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS
IMPROVEMENT DISTRICT BOARD AND PROMOTIONAL COORDINATING
COMMITTEE
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Authorize the City Manager to enter into various contracts and program expenditures for
the Tourism Business Improvement District (TBID) not to exceed the 2015-16 non-
staffing program budget of $1,257,812 based on the recommendations by the TBID
Board.
a. This includes the second year financing of the two-year contract with BCA and
Studio Good for marketing services and authorization to amend the agreement to
include an additional $70,000 for tourism website redesign.
2. Authorize the City Manager to enter into various contracts and program expenditures for
Community Promotions not to exceed the 2015-16 non-staffing program budget of
$367,800 based on the recommendations by the Promotional Coordinating Committee
(PCC).
a. This includes the 2015-16 Grants-in-Aid allocations in the amount of $95,000 and
authorization to execute individual agreements with each grant recipient.
3. Authorize the City Manager to enter into contracts utilizing the TBID Fund un-
appropriated fund balance from the 2014-15 fiscal year for tourism marketing
expenditures in 2015-16 based on the recommendations by the TBID Board.
4. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of
$100,000 for tourism marketing expenditures in 2015-16 based on the recommendations
by the TBID Board.
C5. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS - RESOLUTION
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10644 (2015 Series) entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, authorizing the
San Luis Obispo County Auditor to assess amounts due on delinquent solid waste
collection and disposal accounts as liens against the properties pursuant to California
Government Code Section 25828, Et Seq.”
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San Luis Obispo City Council Minutes of July 7, 2015 Page 5
C6. VEHICLE/EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION
OF SALE
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to authorize the surplus designation and disposal of
surplus units in accordance with the City’s policies and procedures as prescribed in the
Financial Management Manual Sections 405-L, 480-A and 480-B.
C7. PAID SICK LEAVE POLICY- RESOLUTION
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Adopt Resolution No. 10645 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, adopting a Paid Sick Leave Policy, in
compliance with the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522).”
2. Authorize the City Manager to make future modifications, as needed, to the Paid Sick
Leave Policy and the Temporary Employee Policy for consistency with the law and to
implement in an operationally efficient manner.
C8. REIMBURSEMENT AGREEMENT FOR WATER MAIN ABANDONMENT
AND SEWER MAIN REPLACEMENT
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Approve the transfer of $105,000 (all remaining funds) from the Fire Lateral
Reimbursement program to the Water Fund Completed Projects account.
2. Approve and authorize the Mayor to execute a Reimbursement Agreement, in a form
subject to the approval of the City Attorney, reimbursing NKT Properties, LLC for an
amount not-to-exceed $76,500 from the Water Fund Completed Projects account for
the cost of design and construction of water main abandonment and water service
relocation and an amount not-to-exceed $46,800 from the Sewer Fund Completed
Projects account for the cost of design and construction of the sewer main
replacement.
C9. SELECTION OF VOTING DELEGATE AND ALTERNATE - LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to appoint Mayor Jan Marx as the voting delegate and
Council Member Dan Rivoire as the alternate voting delegate to vote on the City’s behalf
at the Annual Business Meeting of the League of California Cities on October 2, 2015.
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San Luis Obispo City Council Minutes of July 7, 2015 Page 6
C10. ORDINANCE NO. 1620 (SECOND READING) - EXPANDING THE $1.50 PER
HOUR PARKING METER ZONE
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Ordinance No. 1620 (2015 Series) entitled “An
Ordinance of the City Council of the City of San Luis Obispo, California, amending
Exhibit “A” in Section 10.52.010 (Parking Meter Zone-Rates) of the San Luis Obispo
Municipal Code.” (Intro. on 06/16/2015)
C11. CITY HALL ADMINISTRATION REMODEL, SPECIFICATION NO. 91290
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Reject all bids for the “City Hall Administration Remodel, Specification No. 91290.”
2. Authorize staff to re-advertise the revised project and authorize the City Manager to
award a contract if the lowest responsible bid is within the project budget.
PUBLIC HEARING
PH1. BISHOP PEAK NATURAL RESERVE CONSERVATION PLAN 2015 UPDATE-
RESOLUTION
Vice Mayor Ashbaugh recused himself from this item as he owns property within 500’ of
the project access features at Bishop Peak; left the Chamber at 6:43 p.m.
Assistant City Manager Codron, Natural Resources Manager Hill, and City Biologist Otte
narrated a PowerPoint presentation entitled “Bishop Peak Natural Reserve Conservation
Plan 2015 Update” and responded to Council inquiries.
Mayor Marx opened the public hearing.
Tim Ross, San Luis Obispo, thanked staff for its efforts to update the Bishop Peak
Natural Reserve Conservation Plan; suggested the creation of a trail maintenance
program and offered to find volunteers to improve the trail system; pointed out that there
is no established trailhead to the summit.
Gary Felsman, San Luis Obispo, applauded staff for its efforts to update the Bishop Peak
Natural Reserve Conservation Plan; voiced concern regarding erosion and overuse of
trails.
Harry Busselen, San Luis Obispo, stressed the importance of enforcing trail regulations;
suggested that the primary trailhead should be relocated near Highway 1; opined that the
plan does not address the negative impacts that visitors have on surrounding
neighborhoods.
Carolyn Huddleston, Environmental Center of San Luis Obispo (ECOSLO), Templeton,
voiced support for the hiring of new rangers; suggested that a neighborhood parking
district should be established near the trailhead; encouraged residents to visit the
ECOSLO website and volunteer to assist with trail maintenance.
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Donald Hedrick, San Luis Obispo, questioned whether the trail at Bishop Peak was ADA
compliant; encouraged visitors to access the trails through the Madonna trailhead, noting
that the primary access to Bishop Peak is located in the neighborhoods; stated that the
trail should be extended to the Bishop Peak summit.
Joanne Ruggles, San Luis Obispo, spoke about owning a home that runs along the trail at
Bishop Peak; opined that the mountain should not be scarred with new trails where it
would be visible from afar; stressed the importance of enforcing trail regulations.
There being no others desiring to speak on this item, the public hearing was closed.
During the course of discussion, Council directed staff to explore the formation of an
open space committee to provide advice on matters of open space acquisition and/or
maintenance.
Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY
COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0 (VICE MAYOR ASHBAUGH
RECUSED), to adopt Resolution No. 10646 (2015 Series) entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, approving the Bishop Peak
Natural Reserve Conservation Plan 2015 Update and adoption of a Negative Declaration.”
RECESS
Council recessed at 7:55 p.m. and reconvened at 8:10 p.m., with all Council Members present.
PH2. REVIEW OF A TENTATIVE TRACT MAP TO CREATE 35 COMMERCIAL
LOTS WITHIN THE AIRPORT AREA SPECIFIC PLAN ALONG TANK FARM
ROAD INCLUDING AN ENVIRONMENTAL DETERMINATION (MITIGATED
NEGATIVE DECLARATION) - RESOLUTION
Individual members of Council announced they had no ex-parte communications with
representatives of the subject property.
Community Development Director Johnson, Senior Planner Dunsmore, and
Transportation Operations Manager Hudson narrated a PowerPoint presentation entitled
“250 Tank Farm Road, A Commercial Subdivision Proposing 35 Lots” and responded to
Council inquiries.
Mayor Marx opened the public hearing.
Cocker Ellsworth, Applicant, Arroyo Grande, spoke on the history of purchasing and
planning for the development of the subject property; noted that the lots can be easily
merged together if necessary. In response to Council inquiry, Mr. Ellsworth advised that
the remnant lot will likely be merged with the Chevron property.
Donald Hedrick, San Luis Obispo, pointed out that the lot sizes are appropriate for start-
up businesses; opined that the lot sizes should be more diverse in size.
Steve Delmartini, San Luis Obispo, urged Council to approve the proposed project,
noting that it will allow businesses to purchase property that meets their needs.
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San Luis Obispo City Council Minutes of July 7, 2015 Page 8
Steve Barasch, San Luis Obispo, spoke in support of creating small commercial service
lots; stated that the proposed lots are ideal for start-up businesses; suggested that
Covenants, Conditions, and Restrictions (CC&Rs) be presented before lots are sold.
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 CHRISTIANSON, CARRIED 5-0, to adopt Resolution No.
10647 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a Tentative Tract Map No. 3009 creating 35 lots for
property located at 250 Tank Farm Road (TR/ER 65-14; Tract # 3009 Coker-Ellsworth),”
subject to findings and conditions including the adoption of a Mitigated Negative
Declaration of Environmental Review.
BUSINESS ITEM
B2. ADJUSTMENTS TO THE COMPENSATION OF EMPLOYEES REPRESENTED
BY THE SAN LUIS OBISPO CITY EMPLOYEES ASSOCIATION (SLOCEA)
AND UNREPRESENTED CONFIDENTIAL AND MANAGEMENT
EMPLOYEES - RESOLUTIONS
Human Resources Director Irons and Human Resources Manager Zocher narrated a
PowerPoint presentation entitled “Adjustments to “Compensation for the San Luis
Obispo City Employees Association (SLOCEA) and Unrepresented Employees” and
responded to Council inquiries.
Leslie Halls, San Luis Obispo, voiced objection to the proposed employee compensation
increases; expressed concern that employee costs make up the majority of the City
budget; opined that the report does not address potential impacts to pension obligations.
Steve Barasch, San Luis Obispo, opined that the staff report did not include data on
private sector compensation; noted that the public should be made aware of the total
compensation package for employee compensation.
In response to public comment, Human Resources Director Irons noted that the Fiscal
Impact did address total compensation including benefits and pension obligations; stated
that the benchmark compensation study included private sector data, noting that the data
was limited due to the need for the data to be reliable and verifiable.
Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY
COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to:
1. Adopt Resolution No. 10648 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, adopting and ratifying the Memorandum
of Agreement between the City of San Luis Obispo and the San Luis Obispo City
Employees’ Association for the period of January 1, 2015 through June 30, 2016.”
(Council action continued on the next page)
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San Luis Obispo City Council Minutes of July 7, 2015 Page 9
2. Adopt Resolution No. 10649 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, regarding compensation for the
Unrepresented Confidential Employees and superseding previous resolutions in
conflict.”
3. Adopt Resolution No. 10650 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, regarding management compensation for
Appointed Officials, Department Heads, and Management Employees and
superseding previous resolutions in conflict.”
LIAISON REPORTS
Council liaison reports were received from Vice Mayor Ashbaugh, and Mayor Marx.
COUNCIL COMMUNICATIONS
In response to Council inquiry, City Manager Lichtig and Assistant City Manager Codron
provided a progress update on the Performing Arts Center (PAC) Strategic Plan; advised that the
PAC is also recruiting for a new Executive Director due to the upcoming retirement of Ron
Regier.
ADJOURNMENT
Adjourn to a Special Meeting to be held on July 9, 2015 at 3:30 p.m. in the City Council
Chamber, 990 Palm Street, San Luis Obispo, California, for the purpose of conduction a closed
session.
The next Regular Meeting will be held on July 21, 2015 at 6:00 p.m. in the City Council
Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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Thursday, July 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 July 9, 2015 at
3:30 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
Staff
Present: Katie Lichtig, City Manager; Jon Ansolabehere, Assistant City Attorney; Monica
Irons, Director of Human Resources; Greg Zocher, Risk Manager; Garret Olson,
Fire Chief; Wayne Padilla, Director of Finance and Information Technology;
Anthony Mejia, City Clerk, were present at Roll Call.
PUBLIC COMMENT ON CLOSED SESSION
Assistant City Attorney Ansolabehere 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, Jon Ansolabehere,
Garret Olson
Represented Employee
Organizations: San Luis Obispo Police Staff Officer’s Association
(SLOPSOA)
San Luis Obispo Police Officers’ Association
(SLOPOA)
International Firefighters Union, Local 3523
REPORT ON CLOSED SESSION
Assistant City Attorney Ansolabehere reported that no reportable action was taken during the
Closed Session.
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San Luis Obispo City Council Minutes of July 9, 2015 Page 2
ADJOURNMENT
The next Regular Meeting will be held on July 21, 2015 at 6:00 p.m. in the City Council
Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis
Obispo
Tuesday, July 21, 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, July 21,
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.
APPOINTMENT
A1. APPOINTMENT TO THE PERSONNEL BOARD
City Clerk Mejia reviewed the contents of the Council Agenda Report.
MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to confirm the appointment of Heidi Harmon to the
Personnel Board to complete an unexpired term through March 31, 2017.
PUBLIC COMMENT
Harry Busselen, San Luis Obispo, voiced concern that the San Luis Garbage Company is
proposing to eliminate the recycling of polystyrene; opined that the solid waste rate increase
should be large enough to provide employees with a living wage.
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San Luis Obispo City Council Minutes of July 21, 2015 Page 2
Brett Bodemer, San Luis Obispo, requested that the Council direct staff to amend the Use Permit
for Bang the Drum Brewery, noting that he lives across the street from the business; voiced
concern that the noise is disturbing the peacefulness of his home; expressed disappointment that
issuing a citation based on decibel reading is unenforceable.
Rosh Wright, San Luis Obispo, expressed concern regarding the water constituent notice
violation; voiced disappointment that her homestay permit was denied due to a lack of parking;
opined that the homestay ordinance is not being fairly enforced.
Terry Mohan, San Luis Obispo, requested that Council direct the City Manager to rescind
permits for the property located at 1179 San Carlos Drive and request permission from the court
to clean-up the site; noted that he met with City staff to discuss the matter and they advised that
the City is pursing breach of contract through the court.
Donald Hedrick, San Luis Obispo, spoke on his past request for Council to remove items off the
consent calendar, noting that Council has not done so when requested; opined that the City is
creating too many ordinances which consume staff time.
Leslie Halls, Central Coast Taxpayers Association (CCTA), San Luis Obispo, distributed a letter
regarding Senate Constitutional Amendment 5 (SCA-5), the “split role” tax proposal; stated that
the State Chamber of Commerce opposed the proposal; requested that Council adopt a resolution
opposing SCA-5 and advise the League of California Cities (LOCC) that they do not support the
amendment.
Owen Schwaegerle, Associated Students, Inc. (ASI), stated that he is the new ASI Student
President, noting that he looks forward to working with the City Council.
In response to public comment, Council Member Carpenter inquired about directing staff to
agendize a resolution in support of the City’s local businesses regarding SBA-5. Following
discussion, Council agreed to not agendize a resolution on SBA-5 at this time.
CONSENT AGENDA
Donald Hedrick, San Luis Obispo, spoke on Item C4; voiced support for awarding the franchise
agreement for green waste processing to a local company such as Buynon Brothers; expressed
opposition to granting a franchise agreement to an out of the area company.
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 thru C8, with the
removal of Items C3 and C4 for separate consideration.
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.
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San Luis Obispo City Council Minutes of July 21, 2015 Page 3
C2. MINUTES OF THE CITY COUNCIL MEETINGS OF JUNE 16 AND JUNE 23, 2015
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meetings of
June 16 and June 23, 2015.
C3. MISSION PLAZA ASSESSMENT AND MASTER PLAN, SPECIFICATION
NO. 91300
Public Works Director Grigsby reviewed the contents of the Council Agenda Report and
responded to Council inquires.
The following suggestions for adding additional representatives to the list of project
stakeholders were raised by one or more Councilmembers(s) but do not necessarily
reflect Council consensus:
Northern Chumash Tribal Council
Bicycle SLO County
Save Our Downtown – San Luis Obispo
San Luis Obispo County Archeological Society
San Luis Obispo Little Theatre
San Luis Obispo Museum of Art
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Approve the Request for Proposal for consultant services associated with the Mission
Plaza Assessment and Master Plan, Specification No. 91300 and authorize staff to
advertise for proposals.
2. Authorize the City Manager to execute the agreement with the selected consultant if
costs are less than the approved budget.
3. Authorize the City Engineer to amend the agreement in amounts not to exceed the
authorized project budget.
C4. RESOLUTION OF INTENT TO GRANT SAN LUIS GARBAGE COMPANY A
FRANCHISE FOR GREEN WASTE SERVICES
In response to Council inquiry, Utilities Director Mattingly explained why the City has an
exclusive franchise agreement with San Luis Garbage Company; stated that the green
waste will be delivered to an anaerobic digester and will produce methane for energy
production.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10651 (2015 Series) entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, declaring the
City’s intent to grant an Exclusive Franchise to San Luis Garbage Company for green waste
services and setting a Public Hearing for August 18, 2015.”
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San Luis Obispo City Council Minutes of July 21, 2015 Page 4
C5. CONTRACT AWARD - TORO STREET BANK STABILIZATION,
SPECIFICATION NO. 90646
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Award a contract to Souza Construction, Inc., in the amount of $111,088 for the
construction of the Toro Street Bank Stabilization project, Specification No. 90646.
2. Approve the transfer of $48,197 from the Completed Projects account into the project’s
construction account.
C6. LEASE AGREEMENT FOR THE GARDEN STREET TERRACES PROJECT
AND $500,000 LOAN TO GARDEN STREET SLO PARTNERS L.P.
Council Member Carpenter recused himself on this item because he owns commercial
property within 500’ of the subject property.
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 4-0 (COUNCIL MEMBER CARPENTER RECUSED), to:
1. Approve and authorize the City Manager to execute the Lease Agreement for the
Garden Street Terrace Project.
2. Authorize the City Manager to execute the Final Loan Documents for the $500,000
loan from the Parking Fund to the Garden Street Terraces Project, subject to
concurrence of the Finance Director and approval as to form by the City Attorney.
C7. MARSH-HIGUERA-CALIFORNIA SEWER LINE REPLACEMENT
SPECIFICATION NO. 91186
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Approve plans and specifications for the Marsh-Higuera-California Sewer Line
Replacement Project, Specification No. 91186.
2. Authorize staff to advertise for bids and the City Manager to award the contract if the
lowest responsible bid is within the Engineer’s Estimate of $870,000.
C8. CRIME PREVENTION MARKETING CONTRACT EXTENSION
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve and execute an extension of the existing
agreement with Verdin Marketing for a two-year period ending on June 30, 2017.
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San Luis Obispo City Council Minutes of July 21, 2015 Page 5
BUSINESS ITEM
B1. UNRULY GATHERING ORDINANCE REVIEW AND PROPOSED
AMENDMENTS – ORDINANCE INTRODUCTION
Acting Police Chief Staley, Lieutenant Smith, and Neighborhood Outreach Manager
Wallace narrated a PowerPoint presentation entitled “Unruly Gathering Ordinance” and
responded to Council inquiries.
Donald Hedrick, San Luis Obispo, encouraged the community to engage their neighbors
and open lines of communication to help address neighborhood problems.
Jake Rogers, San Luis Obispo, voiced opposition to the proposed amendments, asserting
that it will exacerbate conflicts between students and residents; noted that students
positively contribute to the community.
Michelle Tasseff, San Luis Obispo, opined that the City should have facilitated more
community outreach regarding the proposed amendments, including presenting before the
Human Relations Commission; pointed out that the City is considering these amendments
while students are out of school.
Carolyn Smith, San Luis Obispo, thanked Council for reviewing the unruly gathering
ordinance; noted that large parties with 50 or more have been increasing over recent
years; voiced concern that the terms significant and substantial in the proposed
amendment needs clarification.
Jonathan Lampkin, Associated Students, Inc. (ASI), San Luis Obispo, voiced concern
regarding the proposed amendments, opining that the changes are ambiguous; stated that
students should not have to be held accountable for what may be a loud party versus an
unruly gathering.
Sandra Rowley, Residents for Quality Neighborhoods (RQN), expressed gratitude to the
City for considering amendments to help address the concerns of residents; noted that she
has distributed correspondence with recommended changes.
In response to public comment, Acting Police Chief Staley explained that necessity for
presenting the ordinance amendments expeditiously, noting that most large parties occur
at the beginning of the school year; advised that officers will retain discretion whether to
issue a citation or not, based on the situation’s circumstances.
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San Luis Obispo City Council Minutes of July 21, 2015 Page 6
Council Member Rivoire noted for the record that the amendments in the ordinance could
have a negative impact to the neighborhoods, pointing out that 20 or more people is
considered a small gathering and a relatively low threshold; stated that the student
community may have the perception of being targeted.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0, to introduce Ordinance No. 1621 (2015
Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo,
California, amending Chapter 9.13 of the San Luis Obispo Municipal Code regarding
unruly gatherings,” with the following revisions:
a. The tenth finding reordered as the first: “WHEREAS, Neighborhood Wellness has
been a Major City Goal during the 2011-2013 and 2013-2015 Financial Plans and
continued as an Other Important Objective in the 2015-2017 Financial Plan.”
b. The sixth finding to read as: “WHEREAS, the City Council finds that despite the
adoption of the Unruly Gatherings Ordinance, such gatherings still occur within the
residential areas of the City, most notably within the areas of the City that are more
saturated with students with a high percentage of rentals and student aged residents.”
c. Section 9.13.020 (Definitions) to read as: “Unruly gathering” shall mean a gathering
of twenty or more persons on private property that results in conduct that causes a
substantial disturbance of the quiet enjoyment of private or public property in a
significant segment of an immediate neighborhood or presents a threat to the health,
welfare and safety of those in attendance, responding enforcement personnel, or
occupants of immediately adjacent nearby residents or properties. For purposes of this
Chapter, “conduct that causes a substantial disturbance of the quiet enjoyment of
private or public property in a significant segment of a neighborhood, or presents a
threat to the health, welfare, and safety…” shall include, but is not limited to, any or
all of the following: a noise disturbance generating three or more complaints in any
four hour period; obstruction of public streets or rights-of-way by people or vehicles;
public drunkenness; unlawful possession of alcohol or drugs; serving alcohol to
minors; fights; disturbances of the peace; urinating or defecating in public; setting off
fireworks; vandalism; littering on public property or private property not belonging to
the host of the gathering; presence of persons on rooftop areas not designed for
occupancy; unpermitted live bands, amplified music or DJs; and throwing bottles or
other objects or substances at law enforcement or any other person.
d. Section 9.13.030 (Unruly Gatherings Prohibited) to read as: “It shall be unlawful and a
violation of this Chapter for any person to attend or participate in an unruly gathering in
a manner that contributes to the unruly gathering by engaging in conduct that causes a
substantial disturbance of the quiet enjoyment of private or public property in a
significant segment of an immediate neighborhood, or presents a threat to the health,
welfare, and safety of those in attendance, responding enforcement personnel, or
occupants of immediately adjacent nearby residents or properties, as defined in Section
9.13.020 E.
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San Luis Obispo City Council Minutes of July 21, 2015 Page 7
B2. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE CALIFORNIA POLYTECHNIC STATE UNIVERSITY
POLICE DEPARTMENTS
Acting Police Chief Staley, Lieutenant Smith, and Stephanie Teaford, representing Cal
Poly Police Department, narrated a PowerPoint presentation entitled “Memorandum of
Understanding” and responded to Council inquiries.
Sandra Rowley, Residents for Quality Neighborhoods (RQN), spoke in support of the
collaboration between San Luis Obispo Police Department and Cal Poly Police
Department (UPD).
Stephanie Teaford, Cal Poly Police Department, voiced support for the cooperative
agreement between the City of San Luis Obispo and UPD; stated that the agreement will
enhance UPD’s ability to assist the City.
Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY
COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve the Memorandum
of Understanding between the City of San Luis Obispo and Cal Polytechnic State
University Police Departments.
LIAISON REPORTS
Council liaison reports were received from Council Member Christianson and Mayor Marx.
COUNCIL COMMUNICATIONS
Mayor Marx announced that Council Member Rivoire will serve as a second alternate to the San
Luis Obispo Council of Governments (SLOCOG) for an upcoming meeting.
ADJOURNMENT
The Regular Meeting of August 4, 2015 was previously cancelled. Consequently, the next
Regular Meeting will be held on August 18, 2015 at 6:00 p.m. in the City Council Chamber, 990
Palm Street, San Luis Obispo, California.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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