Loading...
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,_ City er APPROVED BY COUNCIL: 03/17/2015