HomeMy WebLinkAbout03-03-2015 MinutesCouncil Minutes
City Hall, 990 Palm Street, San Luis Obispo
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.
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.
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.
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.
S pit Luis Obispo City Cmitieil Minutes of March 3, 2015 Page
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5 -0, to approve Consent Calendar Items C 1 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)."
San Luis Obispo City Council Minutes of March 3, 2015 . Pa ,e 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
PHI. REVIEW OF FINAL DESIGN PLANS FOR A MIXED -USE PROJECT KNOWN
AS PACIFIC COURTYARDS WITH 8,0501 S UARE 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.
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.
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.
Kierstin 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.
San Luis Obispo City Council Minutes of March 3, 2015 PaF,,e 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.
San Luis Obispo City Council Minutes of March 3, 2015 Page 10
Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON,
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 becominiz addicted to
nicotine through the use of electronic smoking devices; and
WHEREAS, this same report further indicates that for .fig adults (18 to 29
years old), the use of electronic smoking devices has tripled in only one year frorn
2.3 percent to 7.6 percent and that nearly 20 percent of young, adults who use e-
cigarette have never smoked lraditkortal ciyarr:lles; 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 te, 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
laces of eml2loyMent, including si ificant 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
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 eff etive da4e e f the or-d n. flee
eedified in this ehaptei-7 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.
San Luis Obispo City Council Minutes of Mardi 3, 2015 Paee 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.
thony J. elia,_
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APPROVED BY COUNCIL: 03/17/2015