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city of san Luis osispo
' SPECIALAND REGULAR MEETING OF THE CITY COUNCIL
Tuesday; November 19, 2013
Special Meeting 4:30 P.M.
Regular Meeting 6:00 P.M.
Council Chamber, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday,
November 19, 2013 at 4:30 p.m. in the City Council Conference Room, located at 990
Palm Street, San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson,
Vice Mayor Kathy Smith, Mayor Jan Marx
Council Member
1 Absent: None
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Anthony J. Mejia, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
CLOSED SESSION
City Attorney Dietrick requested a Closed Session to discuss the item listed on the Closed
Session agenda.
A. CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code §
54957.6
Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, Nickole
Sutter, Christine Dietrick
Employee Organizations: Unrepresented Managers Group, Unrepresented
Confidential Group
PUBLIC COMMENT ON CLOSED SESSION ITEM
City Attorney Dietrick called for public comment. None were heard and the Council
recessed to the Closed Session.
City Council Meeting Minutes — November 19, 2013
Page 2
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, 1
November 19, 2013 at 6:00 p.m. in the City Council Chamber, located at 990 Palm
Street, San Luis Obispo, California, by Mayor Marx.
PLEDGE OF ALLEGIANCE
Council Member Christianson led the Pledge of Allegiance.
REPORT FROM CLOSED SESSION
City Attorney Dietrick advised that Council provided direction to staff and took no
reportable action.
PROCLAMATION — DEBORAH CASH
Mayor Marx presented a proclamation to Deborah Cash, Executive Director of
Downtown Association, in appreciation and gratitude for her years of service and
wished her well in her retirement.
PUBLIC COMMENT
Roger Bishop, San Luis Obispo, voiced concerns regarding the Cal Poly student
housing project, citing potential dangers at the intersection; urged Council to agendize
the subject to gather public input.
Donald Hedrick, San Luis Obispo, asserted that radiation from the Fukashima disaster
is negatively impacting citizens in the United States.
CONSENT CALENDAR
Steve Barasch, San Luis Obispo, requested that Council remove Consent Items C7 and
C9; voiced concern that Administration's reorganization may impact the autonomy of the
City Clerk's Office; suggested that the City sell reclaimed water in residential areas.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C9, with
the removal of Item C7 for discussion.
C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions
and ordinances as appropriate.
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City Council Meeting Minutes — November 19, 2013
C2. MINUTES OF TUESDAY, OCTOBER 15, 2013
Page 3
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to waive oral reading and approve
the City Council Minutes of October 15, 2013 as amended.
C3. AFFORDABLE HOUSING AWARD FOR THE SAN LUIS OBISPO COUNTY
HOUSING TRUST FUND — RESOLUTION
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10475 (2013
Series ) entitled "A Resolution of the City Council of the City of San Luis Obispo,
California, approving a $30,000 Affordable Housing Fund (AHF) Award for the
San Luis Obispo County Housing Trust Fund (HTF)."
C4. SANTA ROSA SEWER LINE REPLACEMENT PROJECT -. SPECIFICATION
NO. 91180
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to:
1) Approve plans and specifications for the Santa Rosa Sewer Line
Replacement Project, Specification No. 91180.
2) Authorize staff to advertise for bids for the Santa Rosa Sewer Line
Replacement Project, Specification No. 91180.
3) Authorize the City Manager to award the contract if the lowest responsible bid
for the Santa Rosa Sewer Line Replacement Project, Specification No. 91180
is within the Engineer's estimate of $470,000.
C5. DESIGN SERVICES FOR MARGARITA AND FOOTHILL LIFT STATION
REPLACEMENT — SPECIFICATION NO. 91214
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to:
1) Approve the request for proposals for design services for the Margarita and
Foothill Lift Station Replacements, Specification No. 91214.
2) Authorize staff to issue the request for proposals for design services for the
Margarita and Foothill Lift Station Replacements, Specification No. 91214.
3) Authorize the City Manager to award a contract if the selected proposal for
design services for the Margarita and Foothill Lift Station Replacements,
Specification No. 91214 is within the estimate of $200,000.
City Council Meeting Minutes — November 19, 2013
Page 4
C6. APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS FOR TRACT 2977 (TR 27 -06) — 851 HUMBERT AVENUE — 1
RESOLUTIONS
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to:
1) Adopt Resolution No. 10476 (2013 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, approving the Final Map for
Tract No. 2977 Unit 2 (851 Humbert, TR 27 -06)" and authorizing the Mayor to
execute the Subdivision Agreement on behalf of the City.
2) Adopt Resolution No. 10477 (2013 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, accepting the Public
Improvements and certifying completion of the private improvements for Tract
No. 2977 Unit 1 (851 Humbert Avenue, TR 2706)" and releasing the securities
for Tract 2977 Unit 1 at 851 Humbert Avenue.
C7. ADMINISTRATION DEPARTMENT REORGANIZATION, INCLUDING AN
INCREASE OF .25 FULL TIME EQUIVALENT (FTE) EMPLOYEES
Please refer to Page 5 for discussion of this item.
C8. MILLS ACT CONTRACT FOR THE MASTER LIST ZION LUTHERAN CHURCH
AND PARSONAGE (CHCMA 139 -12) - 863 AND 867 PACIFIC STREET —
RESOLUTION
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10478 (2013
Series ) entitled "A Resolution of the City Council of the City of San Luis Obispo,
California, approving a Historic Property Preservation Agreement between the
City of San Luis Obispo and owners of a designated historic resource at 863 and
867 Pacific Street."
C9. 2013 WATER RESOURCES STATUS REPORT
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5 -0, to receive and file the 2013 Water
Resources Status Report, which is on file with the City Clerk.
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City Council Meeting Minutes — November 19, 2013 Page 5
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
1 C7.
Assistant City Manager Codron narrated a PowerPoint presentation entitled
"Administration Department" and responded to Council inquiries. A hard copy of
Mr. Codron's presentation is on file with the City Clerk.
Donald Hedrick, San Luis Obispo, opined that the presentation graphics are too
small and difficult for the audience to read; spoke on the importance of
transparency in government and seeking public input.
Council discussion ensued relative to 1) the physical changes needed to ensure
that the public feels welcome when visiting City Hall; and 2) ensuring the public
feels that the City Clerk's Office is accessible.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
SMITH, CARRIED 5 -0, to approve a .25 FTE staffing increase in the
Administration Department, which can be accomplished within the existing
Administration Department budget.
' PUBLIC HEARING ITEM
PHI. REVIEW OF MOBILE VENDOR ORDINANCE. (TA 62 -12) — ORDINANCE
INTRODUCTION
Community Development Director Johnson, Deputy Community Development
Director Davidson, and Captain Storton presented a PowerPoint presentation
entitled "Mobile Food Venders Ordinance" and responded to Council inquiries. A
hard copy of the presentation is on file with the City Clerk.
Cindy Tucker, San Luis Obispo, questioned whether she may continue to operate
her ice cream truck when the regulations are enacted.
Steven Andriese, managing partner of Hot Skillet, questioned whether nutritional
value was included in.the ordinance findings; opined that mobile food venders do
not jeopardize health and safety nor negatively impact community character.
Lori Nunes, owner of Confusion Culinary, stated that mobile food venders do not
compete with traditional restaurants; pointed out that she only serves in
residential areas for private catering events.
Vickie Backman, San Luis Obispo, voiced concerns regarding the proposed
' regulations which would prohibit mobile venders from the downtown; suggested
that if Council approves the ordinance it require a one year review.
City Council Meeting Minutes — November 19, 2013
Page 6
Michelle Tasseff, San Luis Obispo, related her experiences as a health inspector
in regard to mobile food venders; advised that venders are required to have a
business license and a health permit.
Donald Hedrick, San Luis Obispo, stated that the ordinance is driven by the
downtown core, pointed out that venders would have difficulty operating in the
downtown.
Lisa Thomas, San Luis Obispo, pointed out that as a former mobile food vender
she never operated in the downtown; stated that mobile food vending is a
growing trend and that the City should allow it.
Carolyn Smith, Residents for Quality Neighborhoods, opined that mobile venders
are not appropriate in any residential neighborhood.
April McLaughlin, San Luis Obispo, voiced opposition to any additional permit
fees for mobile food vending; opined that such fees would negatively impact
vendors.
RECESS
Council recessed at 7:45 p.m. and reconvened at 7:55 p.m., with all Council Members
present.
In response to public comments., Community Development Director Johnson
advised that nutritional value was not a consideration in the crafting of the
ordinance; noted that a $187 one -time fee is proposed for the issuance of mobile
food vending permits.
Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND
BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3 -2 (COUNCIL MEMBER
CARPENTER AND VICE MAYOR SMITH VOTING NO) to:
Introduce Ordinance No. 1594 (2013 Series) entitled "An Ordinance of the
City Council of the City of San Luis Obispo, California, amending Mobile
Vendors Regulations of the Municipal Code (TA 62 -12)," to regulate mobile
vendors in the public right -of -way; and 2) adopt a Notice of Exemption under
California Environmental Quality Act (General Rule §15061[b][3] and
Categorical Exemption Section 15301 [c]), and modified verbiage as follows:
Finding No. 2: Mobile vending has the potential to pose special dangers
to the public health, safety and welfare of residents of the City, including
negative impacts on , public safety; and traffic. the
Finding No. 7. Prohibiting mobile vendors in residential zones between
10.0 7:00 p.m. and 7:00 a.m. is consistent with the City's Noise
Ordinance (construction hours) and respects the character of residential
City Council Meeting Minutes — November 19, 2013
Page 7
neighborhoods. Interjecting customer serving commercial enterprises, into
residential zones late at night could jeopardize the public health, safety,
and welfare with their attendant noise and crowds. Mobile vendors may
contain generators, compressors, or other noise - generating
equipment which could impact residential neighborhoods,
particularly in the evening hours.
feasible in higher- density areas w4h h4nited evemight pa4dng for- msden
5.16.040(9): Prohibited within any residential zone between the hours of
104 9 7:00 p. m. and 7: 00 a.m.
5.16.040(1): Prohibited within a posted elementary or middle school zone
while children are going to or leaving the school and during school
hours.
2. Direct staff -to return in one year for a review of the mobile food vender
ordinance.
Vice Mayor Smith noted for the record that she voted no due to the impacts to
neighborhoods and concern for over - regulation. Council Member Ashbaugh
noted for the record that this ordinance includes repeal of outdated verbiage and
substitutes new verbiage on which the public has had opportunities to provide
Iinput.
BUSINESS ITEMS
61. SKILLS BASED PAY PROGRAM REVIEW AND EXPANSION
Public Works Director Grigsby and Public Work Deputy Director /City Engineer
Lynch presented the report and responded to Council questions.
Donald Hedrick, San Luis Obispo, recommended that Council reduce contracting
for public works projects with outside firms and utilizing City work crews instead.
MOTION BY VICE MAYOR SMITH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5 -0, to authorize the expansion of the updated Skills
Based Pay program to the City's Building, Parks, Trees, Streets, and Fleet
maintenance operations.
132. RESERVOIR CANYON NATURAL RESERVE CONSERVATION PLAN —
RESOLUTION
City Manager Lichtig recused herself and left the Chamber at 9:03 p.m., noting
that she own property within 500 feet of Reservoir Canyon; pointed out that
Assistant City Manager Codron acted as City Manager in relation to reviewing
the subject plan.
City Council Meeting Minutes — November 19, 2013
Page 8
Assistant City Manager Codron and Natural Resources Manager Hill narrated a
PowerPoint presentation entitled "Reservoir Canyon Natural Reserve
Conservation Plan" and responded to Council inquiries. A hard copy of the
presentation is on file with the City Clerk.
MOTION BY VICE MAYOR SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to approve Resolution No. 10479 (2013 Series)
entitled "A Resolution of the City Council of the City of San Luis Obispo,
California, approving the Reservoir Canyon Natural Reserve Conservation Plan
and adopting a Mitigated Negative Declaration (of environmental impact for the
project)."
LIAISON REPORTS
Liaison reports were received from Council Members Ashbaugh and Christianson, Vice
Mayor Smith and Mayor Marx.
COMMUNICATIONS
In response to Council comment, City Manager Lichtig advised that staff will evaluate
methods of gathering public input for the Cal Poly student. housing project.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Marx adjourned.
the meeting at 9:50 p.m.
APPROVED BY COUNCIL: 01/07/14
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