HomeMy WebLinkAbout02/04/2014minutes
' city of san luis osispo
SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL
Tuesday, February 4, 2014
Special Meeting — 5:00 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, February 4, 2014 at 5:00 p.m. in the Council Hearing Room, located at
990 Palm Street, San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith,
Vice Mayor Carlyn Christianson, and Mayor Jan Marx
tCouncil Member
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.
CLOSED SESSION
City Attorney Dietrick requested a Closed Session to discuss the item listed on
the Closed Session agenda.
A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS - Pursuant to
Government Code § 54956.8
PROPERTY: 736 Marsh Street
NEGOTIATING PARTIES:
City of San Luis Obispo: Katie Lichtig, Michael Codron, Lee Johnson,
Derek Johnson, J. Christine Dietrick
1 WestPac: Hamish Marshall, Carol Florence
NEGOTIATIONS: Direction on price and terms of real property
negotiation
City Council Meeting Minutes — February 4, 2014
Page 2
PUBLIC COMMENT ON CLOSED SESSION
Pete Peterson, San Luis Obispo, voiced concern that the Council is considering
approval of entitlements for the Garden Street Terraces and Osos Street projects
while in Closed Session; opined that off -site parking should not be allowed for the
proposed projects.
Alice Davis, San Luis Obispo, opined that the Garden Street Terraces project
does not meet the City's parking and fire safety standards.
City Attorney Dietrick explained that the Council is not considering entitlements
for the Garden Street Terrace or any other projects at this Closed Session; noted
that the Council will consider negotiations for the City-owned property at 736
Marsh Street.
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on
Tuesday, February 4, 2014 at 6:00 p.m. in the City Council Chambers, located at
990 Palm Street, San Luis Obispo, California, by Mayor Marx.
PLEDGE OF ALLEGIANCE
Council Member Carpenter led the Pledge of Allegiance.
REPORT FROM CLOSED SESSION
City Attorney Dietrick advised that Council provided direction to staff and took no
reportable action.
PRESENTATION
LED Street Light Conversion Rebate Check from PG&E
Pat Mullin, representing PG &E, made a presentation about LED Street
Conversion and presented a rebate check to Mayor Marx.
PUBLIC COMMENT
Brian Bullock, representing American Cancer Society, announced the Relay for t
Life events will be held in the cities of Morro Bay, Paso Robles, and San Luis
Obispo on June 7 -8, 2014 and that February 4, 2014 is World Cancer Awareness
Day.
City Council Meeting Minutes — February 4, 2014 Page 3
Steve Hansen, representing County Medical Association and Tobacco
1 Association, urged Council to consider agendizing regulations on the use of e-
cigarettes; spoke on the negatives impacts of tobacco and nicotine use.
By unanimous consent, Council directed staff to agendize consideration of
regulating e- cigarettes for a future Council meeting.
Dee Torres, San Luis Obispo, announced the 6 h Annual Culinary Carnival in San
Luis Obispo with proceeds to benefit the homeless.
Donald Hedrick, San Luis Obispo, conveyed support for expanding the use of
LED street lights citywide; spoke on the importance of transparency in elections.
Peggy Koteen, San Luis Obispo, voiced concerns regarding the impacts of the
drought and. suggested that Council call for voluntary cutbacks on water usage.
CONSENT CALENDAR
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru
C6, except Items C3 and C4 for separate consideration.
' C1. WAIVE READING IN - FULL OF ALL RESOLUTIONS AND
ORDINANCES
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and
ordinances as appropriate.
C2. MINUTES OF TUESDAY, JANUARY 7,201
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to waive oral reading and approve as
presented.
C3. AGREEMENT WITH _MED -STOPS MEDICAL CLINIC, INC. FOR FIRE
FIGHTERS MEDICAL EXAMS
Please refer to Page 5 for discussion of this item.
C4. REQUEST FOR PROPOSALS — RUGGED TABLETS AND LAPTOP
MOBILE DATA COMPUTERS, IN-CAR VIDEO SYSTEMS, AND MOBILE
COMMUNICATION GATEWAY FOR INSTALLATION IN POLICE AND
' FIRE VEHICLES
Please refer to Page 5 for discussion of this item.
City Council Meeting Minutes — February 4, 2014 Page 4
CS. CONTRACT AWARD - SANTA ROSA SEWER LINE REPLACEMENT
PROJECT
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5 -0, to:
1. Award a construction contract to D -KAL Engineering, Inc., for the
Santa Rosa Sewer Line Replacement Project, Specification No. 91130,
in the amount of $521,089.96.
2. Approve a transfer of $42,689.96 from Sewer Fund Completed
Projects to the project account.
3. Approve funding adjustments to the project accounts, as shown in the
Fiscal Impact Section of the Council Agenda Report, to increase
funding levels for Construction and Construction Management.
4. Approve a construction management services contract to Filippin
Engineering, Inc., an on -call consultant.
C6. TRANSIT VEHICLE PROCUREMENT AGREEMENT WITH CENTRAL
CONTRA COSTA TRANSIT AUTHORITY
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR 1
CHRISTIANSON, CARRIED 5 -0, to:
1. Authorize the City Manager, or her designee, to execute an agreement
with Central Contra Costa Transit Authority (CCCTA) to exercise
piggyback purchase options for the procurement of as many as three
(3) 40 -foot low floor clean diesel transit coaches from Gillig
Corporation.
2. Authorize the Finance Director to award Purchase Orders for vehicle
acquisition if costs are within the budgeted amounts.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
C3. AGREEMENT WITH MEDSTOPS MEDICAL CLINIC, INC. FOR FIRE
FIGHTERS MEDICAL EXAMS
Following clarification, MOTION BY VICE MAYOR CHRISTIANSON,
SECOND BY COUNCIL MEMBER SMITH, CARRIED 4 -1 (COUNCIL
MEMBER ASHBAUGH VOTING NO), to approve, and authorize the
Mayor to execute, a five -year agreement with Med -Stops Medical Clinic, '
Inc., authorizing Med -Stop to provide Firefighter Medical Exams.
City Council Meeting Minutes — February 4, 2014
Page 5
Council Member Ashbaugh noted for the record his concern and
' expectation that this type of service will go through the Request for
Proposals process in the future.
C4. REQUEST FOR PROPOSALS — RUGGED TABLETS AND LAPTOPS,
MOBILE DATA COMPUTERS, IN-CAR VIDEO SYSTEMS, AND MOBILE
COMMUNICATION GATEWAY FOR INSTALLATION IN POLICE AND
FIRE VEHICLES
Following clarification, MOTION BY COUNCIL MEMBER ASHBAUGH,
SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to:
1. Approve the Request for Proposals for Rugged Tablets, Rugged
Laptops, Mobile Data Computers, and In -Car Video System,
Specification No. 91236.
2. Approve the Request for Proposals for Mobile Communication
Gateways, Specification No. 91273.
3. Authorize the City Manager to award the contracts if within the
approved budget of $693,000.
IPUBLIC HEARINGS AND BUSINESS ITEMS
PH1. REVIEW OF THE MONTEREY PLACE MIXED USE PROJECT
Council Members Smith, Vice Mayor Christianson, and Mayor Marx
announced Ex Parte communications with representatives of the subject
project.
Community Development Director Johnson and Associate Planner
Leveille narrated a PowerPoint presentation entitle "Monterey Place
Mixed -Use Project" and responded to Council inquiries.
Mayor Marx opened the Public Hearing.
Thom Jess and John Belsher, project representatives, distributed letters of
support for the proposed project; summarized the design and layout of the
project, addressing the building elevations, setbacks, and massing;
pointed out that the residential and commercial components of the project
will have positive impacts on the creek walk.
In response to Council inquiries, Mr. Belshure spoke on the landscape
' plan, noting that the City's arborist was consulted on the tree selections;
explained potential concepts for addressing the parking needs, which
includes a mixture of on- and off -site parking.
City Council Meeting Minutes — February 4, 2014
Page 6
Dixie Cliff, San Luis Obispo, conveyed support for the renovation of the
Licher House, voiced concern that the mixed -use project will detract from 1
historic structures in the area.
Allen Cooper, Chair of Savor Downtown, opined that the project will have
a significant impact on land use and potential significant impact on
hydrology.
David Brodie, San Luis Obispo, voiced concerns regarding the project's
massing and height in relation to neighboring historic structures; stated
that the project is inconsistent with the General Plan.
Dave Hannings, San Luis Obispo, asserted that the project is inconsistent
with neighborhood character and does not meet architectural design
guidelines; urged Council to deny the project as proposed.
Elizabeth Thyne, San Luis Obispo, spoke on the importance of enforcing
City guidelines; urged Council to send the project back to the City's
advisory bodies for reconsideration.
Chuck Crotser, San Luis Obispo, voiced support for the proposed project;
noted that the project architect has addressed setback and massing;
urged Council to adopt the resolution and support the findings.
James Lopes, San Luis Obispo, voiced opposition to the project, opining
that it does not meet design guidelines and impacts the neighborhood
character; urged Council to require a reduction in building height.
Linda Groover, San Luis Obispo, expressed concerns regarding building
height, suggesting that the project will create a tunnel effect along the
creek; conveyed support for the renovation of the Licher House.
Chad Vantil, San Luis Obispo, conveyed support for the project, stating
that it will be value and revitalization to the downtown.
Dominic Tartaglia, representing the Downtown Association, expressed
support for the subject project, noting that it meets four of the major
goals /objectives of the association.
Joseph Abrahams, San Luis Obispo, voiced apprehension with moving
forward with this project as proposed.
Sandra Lakeman, San Luis Obispo, spoke in opposition to the project,
stating that the City's advisory bodies have ignored design guidelines and
regulations; urged Council to deny the project. 1
City Council Meeting Minutes — February 4, 2014 Page 7
Elisabeth Abrahams, San Luis Obispo, voiced concerns with the project,
' recommended that a scale model be created to demonstrate the project's
height in relation to neighboring structures.
Michelle Tasseff, San Luis Obispo, spoke on the impacts of abandoned
lots and structures on neighborhoods; urged Council to move forward with
the proposed project.
Donald Hedrick, San Luis Obispo, voiced opposition to the proposed
project, noting that it needs additional parking resources and will impact
the view shed.
Marshall Ochvlski, representing the Downtown Association, voiced
support for the proposed project, pointing out that residential uses in the
downtown will have positive impacts; noted that the City's advisory bodies
have reviewed the project.
Ursula Bishop, San Luis Obispo, voiced concern that the project will
negatively impact adjacent neighborhood parking; suggested that
construction of affordable housing should be required in Phase 1 of the
project.
' Russ Brown, San Luis Obispo, urged Council to reject the project as
presented; asserted that project is not consistent with the general plan and
design guidelines.
Bill Walter, San Luis Obispo, spoke on the need for residential density and
striking balances between the project and the community needs.
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 8:23 p.m., with all Council
Members present.
Council discussion ensued relative to the possibility of reducing building
height, requiring construction of affordable housing during Phase 1,
methods of addressing parking needs, elimination of the term "nightclub"
from the resolution.
1
City Council Meeting Minutes — February 4, 2014 Page 8
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE
MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER SMITH
VOTING NO), to adopt Resolution No. 10493 (2014 Series) entitled "A
Resolution of the City Council of the City of San Luis Obispo, California,
granting final project approval for the Monterey Place Mixed Use Project
located at 667 and 679 Monterey Street ( #U, ER 4311) ", based on the
Planning Commission's approval of the use permit and adopted Mitigated
Negative Declaration, as modified to strike the term "Night Club" from the
Planning Commission Use Permit Approval and requiring that affordable
housing units be constructed as part of Phase 1.
Council Member Smith noted for the record that she feels the building
height is excessive and should be reduced by one story.
B2. AMENDMENTS TO THE CITY'S ELECTION CAMPAIGN
REGULATIONS
Election Campaign Regulation Committee Chair Ty Griffin summarized the
recommendations of the committee.
Donald Hedrick, San Luis Obispo, questioned whether municipal elections
are nonpartisan; noted that the Democratic Club made large expenditures
in a past election; voiced support for raising contribution limits.
Robert Shanbrom, Election Campaign Committee Member, urged Council
to include the term "transparency' in the regulation's purpose statement;
voiced opposition to the elimination of the City's Supplemental Campaign
Statement or to raising contribution limits.
Kevin Rice, San Luis Obispo, expressed gratitude to the Committee for
considering his recommendations; voiced support for eliminating the City
Supplemental Campaign Statement and mandatory closure of campaign
accounts; opined that contribution limits should be eliminated.
Stewart Jenkins, San Luis Obispo, questioned the constitutionality of
imposing contribution limit; recommended that Council allow the proposed
regulations to expire and to consider a public campaign financing system.
In response to public comments City Attorney Dietrick addressed the
constitutionality of imposing contribution limits, noting that the U.S.
Supreme Court has made recent decisions indicating that at some future
point contribution limits may be eliminated.
1
City Council Meeting Minutes — February 4, 2014 Page 9
Following discussion, MOTION BY COUNCIL MEMBER SMITH,
' SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL
MEMBER CARPENTER VOTING NO), to:
1. Amend Chapter 2.40 of the Municipal Code to eliminate the City
Supplemental Campaign Statement.
2. Amend Sections 2.40.040(A) and (B) to increase contributions by
persons to candidates and /or controlled committees and acceptance of
said contributions to not exceed the sum of three hundred ($300)
dollars.
3. Delete Sections 2.40.050(C) and (D) of the Municipal Code related to
the closing of campaign accounts and disbursement of unexpended
campaign funds.
4. Clarify Section 2.40.060(D) of the Municipal Code to indicate that the
City Clerk will cause publication of one display ad, informing the public
how, when, and where to access campaign statements, at the time
mail ballots are distributed for said election.
5. Amend Sections 2.40.050(A)(1) to read as follows: "to promote
' integrity, honesty, faimess and <transparency> in municipal election
campaigns ".
Mayor Marx noted for the record that she supports contribution limits to
ensure that wealthy individual do not have undue influence on local
elections.
PH3. CONSIDERATION OF 2014 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING RECOMMENDATIONS
Community Development Director Johnson and Housing Programs
Manager Corey narrated a PowerPoint presentation entitle "Community
Development Block Grant Funding Recommendations" and responded to
Council inquires.
Dee Torres, representing Community Action Partnership of San Luis
Obispo, spoke on the need for resources to address the homelessness;
thanked Council for its support of the Prado Day Center and homeless
shelter.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE
MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10494
(2014 Series) entitled "A Resolution of the City Council of the City of San
Luis Obispo, California, approving the 2014 CDBG Program ", for $460,000
of CDBG funds for the 2014 Program Year.
City Council Meeting Minutes — February 4, 2014 Page 10
PH4. LOCAL HAZARD MITIGATION PLAN
Fire Chief Olson and Administrative Analyst Cox narrated a PowerPoint '
presentation entitle "Local Hazard Mitigation Plan" and responded to
Council inquires.
Donald Hedrick, San Luis Obispo, spoke on the potential for creek
flooding near the Damon - Garcia Sports Park; stressed the importance for
flood hazard mitigation.
Following discussion, Council received a progress report on the Local
Hazard Mitigation Plan Update and provided input to staff regarding the
draft plan.
LIAISON REPORTS
Council liaison reports were received from Council Member Ashbaugh, Vice
Mayor Christianson, and Mayor Marx.
COUNCIL COMMUICATIONS
None.
ADJOURNMENT
The City Council adjourned at 10:46 p.m., to a Study Session to be held on
Tuesday, February 18, 2014 at 4:00 p.m. to discuss. Infrastructure Financing
Alternatives. The Regular meeting will commence at 6:00 p.m, in the City
Council Chambers located at 990 Palm Street, San Luis O ispo, Californi
6
thony J. jia
City Clerk
APPROVED BY COUNCIL: 03/04/14
1
1