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Home My WebLink About11-03-2015 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, November 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, November 3, 2015 at 6:00 p.m. in the Council Chamber, 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; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. NEW HIRES 1. XZANDREA FOWLER. DEPUTY COMMUNITY DEVELOPMENT DIRECTOR - LONG RANGE PLANNING Community Development Director Codron introduced Xzandrea Fowler as the new Deputy Community Development Director. 2. XENIA BRADFORD, BUDGET MANAGER Assistant City Manager Johnson introduced Xenia Bradford as the new Budget Manager. PRESENTATION 3. PROCLAMATION - ARBOR DAY Mayor Marx presented a proclamation to Urban Supervisor /City Arborist Combs, declaring November 7, 2015 as "Arbor Day." Urban Supervisor /City Arborist Combs invited the public to "Arbor Day in SLO," celebrating Arbor Day on Saturday, November 7, 2015 from 10:00 A.M. — 12:00 P.M. at Fire Station #1, 2160 Santa Barbara St. San Luis Obispo Cit Council Minutes of November 3 2015 Pacre, 2 APPOINTMENTS 4. APPOINTMENTS TO THE JACK HOUSE COMMITTEE (JHQ AND MASS TRANSPORTATION COMMITTEE MTC Assistant City Clerk Maier reviewed the contents of the Council Agenda Report. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to appoint Robert Mills to the Jack House Committee, as the Member -at -Large representative, to complete an unexpired term through March 31, 2017; and appoint Cheryl Andrus to the Mass Transportation Committee to serve as the Cal Poly representative. PUBLIC COMMENT PERIOD Diane Duenow, San Luis Obispo, requested that the City Council agendize an item related to limiting alcohol outlets in the downtown. Jim Duenow, San Luis Obispo, spoke about public safety and the increase in crime in the +I,.+ +i,P (,;t., of Can Lids, Obispo is not the happiest place to live. uUW11LV W11, Elizabeth Thyne, San Luis Obispo, inquired to staff as to why new developments in the downtown are continuously approved with alcohol outlets; opined that the alcohol outlets will disturb the residents that live in the downtown. Harry Busselen, San Luis Obispo, expressed concerns regarding the City's creeks; explained that per the Waterway Management Plan, maintenance of creeks were to occur in the summer; opined that the creek cleanup did not occur. Joseph Abrahams, San Luis Obispo, spoke about his past career in the army; expressed disappointment regarding the increase of alcohol outlets in the downtown; stated that public health and safety needs to be a priority of the City. Donald Hedrick, San Luis Obispo, expressed concerns with the alcohol outlets in the downtown; voiced concerns about City government; opined that geoengneering that is affecting the trees in the City. Jeff Grandinetti, Atascadero, questioned staff about the City's noise ordinance; voiced concerns regarding a past incident that involved the Police Department staff; stated that the arriving officers did not measure the decibel reading at the incident; requested that staff clarify the language in the unruly gathering ordinance under definitions regarding unpermitted live music. .lames Lo es, Save Our Downtown, spoke about a future rezoning project that limits the number of bars in the downtown; stated that the Alcohol Beverage Control (ABC) identified an undue concentration of alcohol outlets in the City; noted that the crime rate in the City had increased due to the increase number of alcohol outlets. San Luis Obispo City Council Minutes of November 3, 2015 Page 3 In response to public comment, Community Development Director Codron summarized the history of the rezoning regulations regarding alcohol outlets in the downtown; explained that the proposed user permit process, noting that in August 2013 a study session was presented to the City Council to assess and consider a moratorium on new alcohol outlets in the downtown as part of the City's 2013 -15 financial plan and to adopt code amendments regarding alcohol concentration evaluations; stated that City Council directed staff not to pursue the new code amendments and to defer the discussion to be part of the Land Use and Circulation Element Update; asserted that the City did not approve any new bars or taverns in the downtown during that time period; noted that new restaurants have been established; stated that staff will provide the City Council an update on permit activity on account of the last study session in 2013. In response to public comment, City Manager Lichtig explained that staff will provide Council with an update to the City's preparedness for El Nino; stated that a multidepartmental team was created to help develop an action plan; noted that the intent for the preparedness is to have ongoing communication with the City Council and the community. In response to public comment, City Attorney Dietrick stated that she cannot directly address Mr. Grandinetti's comment regarding a past incident that involved Police Department staff due to the fact that she has not been given any background information on the incident; explained that the City's Municipal Code does regulate noise disturbances emanating more than 50 feet from the noise maker creating a disturbance across a property line; noted that there is an appeals process related to citations. CONSENT AGENDA MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to approve Consent Calendar Items 5 thru 7, with the removal of Item 8 for separate consideration. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. 6. AUTHORIZE A REQUEST FOR PROPOSALS FOR MANAGEMENT AND BENEFICIAL REUSE OF BIOSOLIDS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to: 1. Authorize the issuance of a Request for Proposals (RFP) for management and beneficial reuse of biosolids, Specification No. 91429. 2. Authorize the City Manager to award an agreement if the selected proposal is within the Water Resource Recovery Facility's approved operating budget line item for biosolids reuse of $206,000 for fiscal year 2015 -16 and $210,000 for fiscal year 2016 -17. 3. Authorize the continuation of the contract with Engle and Grey, Inc., on a month -by- month basis until a new contractor is selected. San Luis Obis o Cit Council Minutes of November 3 2015 Pa =c 4 7. COMMUNITY DEVELOPMENT BLOCK GRANT CDBG CURB RAMP'S 2015 SPECIFICA"T"ION NO. 91308 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to: Award a contract to Maino Construction Company, Inc. for the construction of the Community Development Block Grant (CDBG) Curb Ramps 2015 project, for the lowest responsible base bid amount of $238,000, and additive alternate bid of $26,000, for a total contract amount of $264,000. 2. Approve the transfer of $130,000 from the Master Street Reconstruction and Resurfacing Account to the CDBG Curb Ramps 2015 project's construction phase. 8. APPOINTMENT OF FIVE MEMBERS TO THE DOWNTOWN CONCEPT PLAN CREATIVE VISION TEAM Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY MAYOR rr , r. irnr n.rrrr X41FZN4T1FR R CARPENTER. CHRISTIANSON, AND RIVOIRE VOTING NO), to approve recommendations to appoint Vicente del Rio, Jaime Hill, Matt Quaglino, Annie Rendler, Charles Stevenson and to include two additional members: Jim Burrows and Thom Brajkovich to the Downtown Concept Plan Creative Vision Team. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Approve the recommendations of the Council Subcommittee, appoint Vicente del Rio, Jaime Hill, Matt Quaglino, Annie Rendler and Charles Stevenson, to the Downtown Concept Plan Creative Vision Team. 2. Adopt Resolution No. 10673 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, creating the Creative Vision Team for the Downtown Concept Plan Update and defining its term and charge." Vice Mayor Ashbaugh noted for the record that the public is welcome to participate as observers and commenters for the Downtown Concept Plan. PUBLIC HEARINGS 9. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT Tourism Manager Cano reviewed the contents of the Council Agenda Report. Mayor Marx opened and closed the public hearing, there being no others desiring to speak on this item. San_ LuisObispo City Council Minutes of November 3,. 201.5 _ 13a IC 5 Assistant City Clerk Maier stated that there were no written protests received and validated in advance of the Public Hearing and in addition there were no protests received during the Public Hearing. Therefore, based on the total percentage needed, a legally sufficient protest was not received. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to adopt Resolution No. 10674 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District, and affirming the establishment of the district," for fiscal year 2015- 16. 10. AMENDMENT TO THE WATER EFFICIENT LANDSCAPE STANDARDS IN CHAPTER 17.87 OF THE ZONING REGULATIONS AND SECTION 1010 H OF THE CITY ENGINEERING STANDARDS UNIFORM DESIGN CRITERIA FOR LANDSCAPING AND IRRIGATION - ORDINANCE INTRODUCTION Utilities Director Mattingly and Utilities Services Manager Munds narrated a PowerPoint presentation entitled "Proposed Amended Water Efficient Landscape Ordinance & Standards," and responded to Council inquiries. Mayor Marx opened the Public Hearing. Jim Burrows, San Luis Obispo, urged Council to adopt the proposed amendments to the Water Efficient Landscape Standards ordinance. Donald Hedrick, San Luis Obispo, voiced concerns regarding the impacts of geoengineering and chemtrails on exacerbated drought conditions. 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 RIVOIRE, CARRIED 5 -0, to: L Introduce Ordinance No. 1626 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.87 of the City of San Luis Obispo's Municipal Code," to update the water efficient landscape standards. 2. Adopt Resolution No. 10675 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving a revision to Engineering Standard 1010 H. Landscaping and Irrigation." San Luis Obispo City Council Minutes of November 3 2015 Pane 66 BUSINESS ITEMS 11. MISSION PLAZA CEDAR TREE Public Works Director Grigsby and Urban Supervisor /City Arborist Combs narrated a PowerPoint presentation entitled "Mission Plaza Cedar Tree," and responded to Council inquiries. Michael LaFreniere, Atascadero, voiced concerns regarding the location of the Mission Plaza cedar tree; stated that the tree obstructs the view of the Mission as well as devalues the property; opined that the Mission has a historical presence nationally and worldwide. Jim Nisbet, San Luis Obispo, spoke about his past career as pastor of the Mission from 1980 -1995; expressed concerns regarding the placement of the Mission Plaza cedar tree. Terry Burrows, San Luis Obispo, thanked staff for their work efforts in the City; questioned whether landscape architects were consulted regarding the placement of the cedar tree; inquired why the iconic view of the Mission was not addressed. Dan Krieger, San Luis Obispo, expressed concerns regarding the other living trees in the Mission plaza, noting that the eucalyptus trees are nonnative and do not belong in the plaza; opined that there was a lack of communication with staff regarding the placement of the cedar tree; recommended that the tree stay at its current location until after the holiday season. Donald Hedrick, San Luis Obispo, stated that the cedar tree is obstructing the iconic view of the Mission; opined that the tree is growing too close to the Mission; suggested moving the tree to near the Warden Bridge in the plaza. Liz Krieger, San Luis Obispo, spoke on her religious background as a child; stated that the cedar tree does not belong in the plaza; opined that that the tree should remain in place at its current location until after the holiday season. George Abraham, San Luis Obispo, stated that he is a docent at the Mission Church, noting that the church gives daily tours to people all over the world; urged Council to remove the cedar tree as it is obstructing the view of the Mission. In response to public comment, Urban Supervisor /City Arborist Combs stated that the cedar tree could be transplanted to another location; explained the difficulties of moving the tree and the costs associated with the transportation; noted that moving the tree could cause stress on the tree and could greatly reduce the tree's survival rate. Following discussion, MOTION BY MAYOR MARX, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 4 -1 (COUNCILMEMBER CHRISTIANSON VOTING NO), to remove the Deodar Cedar Tree after the holiday season and to move it from its present location to another location. A decision shall be made about the proper placement to replant the live tree through the Mission Plaza Planning Process. San Luis Obispo City Council Minutes of November 3. 2015 Pa e 7 12. CITY OF SAN LUIS OBISPO POLICE DEPARTMENT FIVE -YEAR STRATEGIC PLAN 2016 -2021 This item was continued to a future City Council Meeting to be held on March 15, 2016. 13. DISCUSS AND CONSIDER CREATING A COUNCIL COMPENSATION COMMITTEE FOR 2016 Assistant City Clerk Maier narrated a PowerPoint presentation entitled "Council Compensation Committee," and responded to Council inquiries. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCILMEMBER CARPENTER, CARRIED 5 -0, to defer the Council compensation package to 2017/18. LIAISON REPORTS Council liaison reports were received from Vice Mayor Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Mayor Marx provided an update to the newly created Administrative Review Board; explained the purpose of the committee and stated that applicants are encouraged to apply; noted that the deadline to apply is November 20, 2015. ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, November 17, 2015 at 4:00 p.m. and 6:00 p.m., in the Council Hearing Room and Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. 1 Insolabehere In m City Clerk APPROVED BY COUNCIL: 12/15/2015