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minutes
city of san Luis owspo
REGULAR MEETING OF THE CITY COUNCIL
Tuesday, December 3, 2013 - 6:00 P.M.
Council Chamber, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
December 3, 2013 at 6:00 p.m.. in the City Council Chamber, 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
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.
PLEDGE OF ALLEGIANCE
Vice Mayor Smith led the Pledge of Allegiance.
PRESENTATION
CALIFORNIA AMERICAN PLANNING ASSOCIATION AWARD FOR THE CITY OF
SAN LUIS OBISPO CLIMATE.ACTION PLAN
David Ward, Central Coast Section Director of American Planning Association of
California, presented an award to the City of San Luis Obispo in recognition of the
Climate Action Plan.
City Council Meeting Minutes — December 3, 2013
Page 2
Al. VICE MAYOR APPOINTMENT FOR 2014 1
Council directed staff to agendize Council Policies and Procedures to clarify
verbiage related to the appointment of Vice Mayor.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
SMITH, CARRIED 5 -0, to appoint Council Member Carlyn Christianson as Vice
Mayor to serve a one -year term commencing upon appointment.
PUBLIC COMMENT
Joe Arsenio II, San Luis Obispo, voiced concerns regarding the proposed Cal
Poly student housing project; asserted that the project would negatively impact
adjacent neighborhoods; suggested that the Council make a determination as to
whether to provide water and sewer services to the project.
Adam Stowe, General Manager of San Luis Obispo Blues, announced that the
San Luis Blues baseball team has been selected to host the first tournament
playoff in August for the California Collegiate League in which the Blues play.
Donald Hedrick, San Luis Obispo, asserted that the Climate Action Plan enables 1
outside influences to negatively impact the quality of life for residents.
Amy Cornell, San Luis Obispo, representing Cal Poly Student Government,
stated that the student body has an interest to be good neighbors to the adjacent
properties and conveyed support for the student housing project.
Will Powers, San Luis Obispo, voiced concerns regarding the work quality of City
employees; asserted that the City Manager and underperforming staff should be
replaced.
Michelle Tasseff, San Luis Obispo, spoke on her experiences with Cal Poly
students and expressed support for the Cal Poly student housing project.
In response to Council inquiry, Justin Wellner, representing Cal Poly, thanked the
community for attending the public forums on the student housing project and
advised that Cal Poly will continue to evaluate appropriate sites for the project.
Gordon Mullin, San Luis Obispo, reported on his experience during a recent
police ride along; commended Officer Rodriguez on her professionalism.
CONSENT CALENDAR 1
City Council Meeting Minutes — December 3, 2013
Page 3
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to approve recommendations for Consent Calendar Items
C1 thru C7.
C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCIL MEMBER SMITH, SECOND' BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to waive reading of all resolutions and ordinances
as appropriate.
C2. CITY COUNCIL MINUTES OF TUESDAY, NOVEMBER 12.2013
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to waive oral reading and approve the City Council
minutes of November 12, 2013 as amended.
C3. WATER TANK MAINTENANCE 2014 PROJECT - SPECIFICATION NO. 91152
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to:
t 1) Approve the Special Provisions for "Water Tank Maintenance Project 2014,
Specification No. 91152."
2) Authorize staff to advertise for bids for "Water Tank Maintenance Project 2014,
Specification No. 91152."
3) Authorize the City Manager to award the contract if the lowest responsible bid is
within the Engineer's Estimate.
C4. SANTA ROSA PARK PLAIT tQUIPMEN I Kt1'LAt;tmtN I 1'KUJtLa i -
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to:
1) Approve plans and specifications for the "Santa Rosa Park Play Equipment
Replacement Project, Specification No. 91029."
2) Authorize staff to advertise for construction bids and authorize the City
Manager to award a contract if the lowest responsible bid is less than the
Engineer's Estimate of $150,000.
3) Authorize the transfer of $157,996 from the Play Equipment Replacement
master construction account to the equipment acquisition ($129,000),
construction ($26,250), and design ($2,746) phases of the project's account.
(Council action continued on the next page)
City Council Meeting Minutes — December 3, 2013
Page 4
4) Approve a California Multiple Award Schedule (CMAS) agreement purchase
with Landscape Structures, Inc. in an amount not -to- exceed $129,000 for the
purchase of play equipment for Santa Rosa Park Play Equipment ,
Replacement project and authorize the Finance Director to execute a
purchase order following the bid opening.
C5. SUPERVISORY CONTROL AND DAT
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to approve, and authorize the Mayor to execute, an
agreement with Emerson Process Management for an additional two -years of
SCADA maintenance and support in the amount of $62,800.
C6. GREEN WASTE PROCESSING
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to approve the continued use of green waste as
Alternative Daily Cover at Cold Canyon Landfill for an additional year.
C7. COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMPS 2014 -
SPECIFICATION NO. 91210
In response to Council inquiry, Public Works Director Grigsby advised that staff
has updated the citywide curb ramps statistics and spoke on the new curb ramps
standards.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to:
1) Approve plans and specifications for the Community Development Block Grant
(CDBG) Curb Ramp 2014 Project, Specification No. 91210.
2) Authorize staff to advertise for bids for CDBG Curb Ramp 2014 Project,
Specification No. 91210.
3) Authorize the City Manager to award the contract if the lowest responsible bid is
within the Engineer's Estimate of $105,000.
4) Approve the transfer of $3,451 in CDBG funds from the CDBG Curb Ramps
2012 project to the CDBG Curb Ramps 2013 project.
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City Council Meeting Minutes — December 3, 2013
Page 5
STUDY SESSION ITEMS
' SS1. COMMUNITY CHOICE AGGREGATION PROGRAMS (RELATED TO ENERGY
GENERATION CHOICES)
Utilities Director Mattingly and Conservation Manager Munds narrated a
PowerPoint presentation entitled "Community Choice Aggregation" (CCA) and
responded to Council inquiries. A hard copy of the PowerPoint presentation is on
file with the City Clerk.
Donald Hedrick, San Luis Obispo, questioned whether it is appropriate to form a
CCA program in San Luis Obispo; recommended that Council suspend
consideration a CCA until other agencies have implemented CCA programs.
Eric Veium, SLO Clean Energy, expressed a willingness to provide staff and
financial resources to assist the City in exploring the feasibility of a CCA
program; requested that a City representative participate on a CCA Exploration
Advisory Committee (CEAC).
Nick Homick, San Luis Obispo, pointed out that the State Legislature enabled
CCA programs to assist communities to meet state mandates on renewable
energy generation.
t Andrew Christie, representing Santa Lucia Chapter of the Sierra Club,
commended Council for including exploration of a CCA as part of the Climate
Action Plan; spoke on the reduction of carbon emissions in communities that
have established a CCA program.
Leslie Halls, San Luis Obispo, voiced opposition to a CCA program in San Luis
Obispo; pointed out that the City of Oakland determined that it was infeasible to
establish a CCA.
Peter Schwartz, Professor at Cal Poly, spoke on the impacts of greenhouse
gases on the environment; opined that establishing a CCA will help encourage
the community to invest in clean energy and reduce energy consumption.
Montgomery Norton, San Luis Obispo, spoke on the success of community
sustainability projects in Orange County; stressed the importance of taking a
leadership position in making sustainable energy decisions.
Mladen Bandon, SLO Clean Energy, encouraged that the City participate with
other local communities to explore sustainable energy options and to establish a
CCA program.
Will Powers, San Luis Obispo, spoke in favor of sustainable energy programs
1 and encouraged Council to move forward with exploring a CCA program.
Charlene Rosales, Chamber of Commerce, noted that the Chamber has not
taken a position on the subject due to a lack of information from other agencies
which have implemented a CCA program.
City Council Meeting Minutes — December 3, 2013
Page 6
Rosh Wright, San Luis Obispo, encouraged Council to explore the feasibility of a I
CCA program and commended the previous speakers for their positive intentions
in implementing a CCA program.
During the course of discussion, individuals Council Member(s) made comments
as follows. The below statements do not necessarily reflect Council consensus:
• The City's Climate Action Plan directs staff to explore a CCA although
Council needs to determine whether it is a priority at this time.
The City should take a leadership role in establishing a CCA program with
neighboring agencies.
• A City representative or Council Member should be designated to serve
on the CEAC.
The County of San Luis Obispo should be the lead agency on conducting
a feasibility study for a CCA program.
• The City has a lack of staff resources to be able to adequately pursue a
CCA program at this time.
• It would be appropriate for a Council Member to serve on the CEAC but
staff resources should not be utilized until it can be addressed during the
goal setting process.
In response to Council inquiry, Eric Veium advised that SLO Clean Energy is
supportive and appreciative of a Council Member participating on the CEAC.
By Council consensus, the City Council:
1) Authorized a Council Member and alternate to participate as a member of the
CCA Exploration Advisory Committee (CEAC).
2) Authorized the City Manager to execute appropriate documentation to allow
the CEAC and its technical consultants to request energy usage load data
from PG &E so it may be analyzed as part of the feasibility study.
3) Determined that these actions in no way bind or otherwise obligate the City of
San Luis Obispo to participate in a Community Choice Aggregation program.
4) Directed staff to include consideration of appointing a Council Member and
alternate as part of the Council Committee Appointments process.
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City Council Meeting Minutes — December 3, 2013
Page 7
BUSINESS ITEMS
t131. SEWER RATE. STRUCTURE CHANGE FOR PUBLIC AND PRIVATE
SCHOOLS
Utilities Director Mattingly and Utilities Deputy Director Hix narrated a PowerPoint
presentation entitled "Sewer Rate Structure Change for Schools" and responded
to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 5 -0, to direct staff to proceed with the
process to eliminate "Average Daily Attendance" from the sewer rate structure.
PUBLIC HEARING ITEMS
PHI. ADOPTION OF THE 2013 CALIFORNIA BUILDING AND FIRE CODES WITH
LOCAL AMENDMENTS — ORDINANCE INTRODUCTION
Community Development Director Johnson, Chief Building Official Lease, and
Fire Marshall Maggio narrated a PowerPoint presentation entitled "Adoption of
the 2013 California Building Standards Code" and responded to Council
inquiries.
tJohn Evans, San Luis Obispo, expressed gratitude to staff for their willingness to
recommend an amendment to the ordinance in relation of special grading
standards.
David Grey, San Luis Obispo, voiced support for the amendment to the special
grading standards and urged Council approval.
Dante Anselmo, San Luis Obispo, thanked staff for recommending the proposed
amendments to the special grading standards; suggested that a reference be
included in the development guidelines to refer to the building code.
Ryan Petetit, San Luis Obispo, voiced concern that certain sections of the
proposed ordinance may allow the Community Development Director to modify
the building code based on his interpretation.
Russ Sheppell, San Luis Obispo, recommended that the building guidelines be
implemented on a project basis rather than as a citywide regulation.
John Belsher, San Luis Obispo, commended staff for its accessibility and
effectiveness in addressing the concerns raised on the special grading
standards.
City Council Meeting Minutes — December 3, 2013
Page 8
Following discussion, MOTION BY COUNCIL MEMBER SMITH, SECOND BY
VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to introduce Ordinance No.
1595 (2013 Series) entitled "An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Title 15 of the Municipal Code to adopt and
amend the latest editions of the California Building Standards Codes and
adopting findings of fact to support the amendments" including an amendment as
follows (deletions in strikethrough and insertions in italics):
J101.6 Special Gradin4 Standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass re- contouring
shall not be allowed. In all cases, the average cross slop of a site shall be
determined prior to any grading operations or approval of any grading plan.
Where a site does not slope uniformly, the building official or city engineer shall
determine average cross slope by proportional weighting of the cross slopes of
uniformly sloping subareas. The percentage of the site, exclusive of building
area, to remain in its natural state, shall be in
accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes.
The rounded edges shall have a radius equal to one -half the height of the cut or
fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement
consistent with General Plan policies and other hillside standards is not subject
to the specific grading limitations noted in this section.
LIAISON REPORTS
Liaison reports were received from Council Member Ashbaugh, Vice Mayor Christianson,
and Mayor Marx.
COMMUNICATIONS
Mayor Marx announced the 3`d Future Fair, Reindeer Run, Holiday Parade, and Annual
Recruitment for City Advisory Bodies.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 9:12 p.m.
APPROVED BY COUNCIL: 01/07/14
N
nthony J. e i
City Clergy
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