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Home My WebLink About07-21-2015 Minutesre i Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, July 21, 2015 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 21, 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 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 Council Member Carpenter led the Pledge of Allegiance. APPOINTMENT Al. APPOINTMENT TO THE PERSONNEL BOARD City Clerk Mejia reviewed the contents of the Council Agenda Report. MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to confirm the appointment of Heidi Harmon to the Personnel Board to complete an unexpired term through March 31, 2017. PUBLIC COMMENT Harry Busselen, San Luis Obispo, voiced concern that the San Luis Garbage Company is proposing to eliminate the recycling of polystyrene; opined that the solid waste rate increase should be large enough to provide employees with a living wage. San Luis Obispo City Council Minutes of July 21, 2015 Payc 2 Brett Bodemer, San Luis Obispo, requested that the Council direct staff to amend the Use Permit for Bang the Drum Brewery, noting that he lives across the street from the business; voiced concern that the noise is disturbing the peacefulness of his home; expressed disappointment that issuing a citation based on decibel reading is unenforceable. Rosh Wright, San Luis Obispo, expressed concern regarding the water constituent notice violation; voiced disappointment that her homestay permit was denied due to a lack of parking; opined that the homestay ordinance is not being fairly enforced. Terry Moliaii, San Luis Obispo, requested that Council direct the City Manager to rescind permits for the property located at 1179 San Carlos Drive and request permission from the court to clean -up the site; noted that he met with City staff to discuss the matter and they advised that the City is pursing breach of contract through the court. Donald Hedrick, San Luis Obispo, spoke on his past request for Council to remove items off the consent calendar, noting that Council has not done so when requested; opined that the City is creating too many ordinances which consume staff time. Leslie Halls, Central Coast Taxpayers Association (CCTA), San Luis Obispo, distributed a letter regarding Senate Constitutional Amendment 5 (SCA -5), the "split role" tax proposal; stated that the State Chamber of Commerce opposed the proposal; requested that Council adopt a resolution opposing SCA -5 and advise the League of California Cities (LOCC) that they do not support the amendment. Owen Schwaegerle, Associated Students, Inc. (ASI), stated that he is the new ASI Student President, noting that he looks forward to working with the City Council. In response to public comment, Council Member Carpenter inquired about directing staff to agendize a resolution in support of the City's local businesses regarding SBA -5. Following discussion, Council agreed to not agendize a resolution on SBA -5 at this time. CONSENT AGENDA Donald Hedrick, San Luis Obispo, spoke on Item C4; voiced support for awarding the franchise agreement for green waste processing to a local company such as Buynon Brothers; expressed opposition to granting a franchise agreement to an out of the area company. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items Cl thru C8, with the removal of Items C3 and C4 for separate consideration. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. San Luis Obispo City Council Minutes of July 21, 2015 Page 3 C2. MINUTES OF THE CITY COUNCIL MEETINGS OF JUNE 16 AND JUNE 23.2015 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council meetings of June 16 and June 23, 2015. C3. _MISSION PLAZA ASSESSMENT AND MASTER PLAN, SPECIFICATION NO. 91300 Public Works Director Grigsby reviewed the contents of the Council Agenda Report and responded to Council inquires. The following suggestions for adding additional representatives to the list of project stakeholders were raised by one or more Councilmembers(s) but do not necessarily reflect Council consensus: • Northern Chumash Tribal Council • Bicycle SLO County + Save Our Downtown — San Luis Obispo • San Luis Obispo County Archeological Society + San Luis Obispo Little Theatre • San Luis Obispo Museum of Art MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to: 1. Approve the Request for Proposal for consultant services associated with the Mission Plaza Assessment and Master Plan, Specification No. 91300 and authorize staff to advertise for proposals. 2. Authorize the City Manager to execute the agreement with the selected consultant if costs are less than the approved budget. 3. Authorize the City Engineer to amend the agreement in amounts not to exceed the authorized project budget. C4. RESOLUTION OF INTENT TO GRANT SAN LUIS GARBAGE COMPANY A FRANCHISE FOR GREEN WASTE SERVICES In response to Council inquiry, Utilities Director Mattingly explained why the City has an exclusive franchise agreement with San Luis Garbage Company; stated that the green waste will be delivered to an anaerobic digester and will produce methane for energy production. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to adopt Resolution No. 10651 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, declaring the City's intent to grant an Exclusive Franchise to San Luis Garbage Company for green waste services and setting a Public Hearing for August 18, 2015." San Luis Obispo City Council Minutes of July 21, 2015 Page 4 C5. CONTRACT AWARD - TORO STREET BANK STABILIZATION, SPECIFICATION NO. 90646 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Award a contract to Souza Construction, Inc., in the amount of $111,088 for the construction of the Toro Street Bank Stabilization project, Specification No. 90646. 2. Approve the transfer of $48,197 from the Completed Projects account into the project's construction account. C6. LEASE AGREEMENT FOR THE GARDEN STREET TERRACES PROJECT AN I) S500,000 LOAN TO GARDEN STREET SLO PARTNERS L.P. Council Member Carpenter recused himself on this item because he owns commercial property within 500' of the subject property. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4 -0 (COUNCIL MEMBER CARPENTER RECUSED), to: 1. Approve and authorize the City Manager to execute the Lease Agreement for the Garden Street Terrace Project. 2. Authorize the City Manager to execute the Final Loan Documents for the $500,000 loan from the Parking Fund to the Garden Street Terraces Project, subject to concurrence of the Finance Director and approval as to form by the City Attorney. C7. MARSH- HIGUERA- CALIFORNIA SEWER LINE REPLACEMENT SPECIFICATION NO. 91186 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Approve plans and specifications for the Marsh - Higuera- California Sewer Line Replacement Project, Specification No. 91186. 2. Authorize staff to advertise for bids and the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $870,000. C8. CRIME PREVENTION MARKETING CONTRACT EXTENSION MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve and execute an extension of the existing agreement with Verdin Marketing for a two -year period ending on June 30, 2017. San Luis Obispo City Council Minutes of July 21 2015 Page 5 BUSINESS ITEM B1. UNRULY GATHERING ORDINANCE REVIEW AND PROPOSED AMENDMENTS — ORDINANCE INTRODUCTION Acting Police Chief Staley, Lieutenant Smith, and Neighborhood Outreach Manager Wallace narrated a PowerPoint presentation entitled "Unruly Gathering Ordinance" and responded to Council inquiries. Donald Hedrick, San Luis Obispo, encouraged the community to engage their neighbors and open lines of communication to help address neighborhood problems. ,lake Rogers, San Luis Obispo, voiced opposition to the proposed amendments, asserting that it will exacerbate conflicts between students and residents; noted that students positively contribute to the community. Michelle Tasseff, San Luis Obispo, opined that the City should have facilitated more community outreach regarding the proposed amendments, including presenting before the Human Relations Commission; pointed out that the City is considering these amendments while students are out of school. Carolyn Smith, San Luis Obispo, thanked Council for reviewing the unruly gathering ordinance; noted that large parties with 50 or more have been increasing over recent years; voiced concern that the terms significant and substantial in the proposed amendment needs clarification. Jonathan Lampkin, Associated Students, Inc. (ASI), San Luis Obispo, voiced concern regarding the proposed amendments, opining that the changes are ambiguous; stated that students should not have to be held accountable for what may be a loud party versus an unruly gathering. Sandra Rowley, Residents for Quality Neighborhoods (RQN), expressed gratitude to the City for considering amendments to help address the concerns of residents; noted that she has distributed correspondence with recommended changes. In response to public comment, Acting Police Chief Staley explained that necessity for presenting the ordinance amendments expeditiously, noting that most large parties occur at the beginning of the school year; advised that officers will retain discretion whether to issue a citation or not, based on the situation's circumstances. San Luis Obispo City Council Minutes of July 21, 2015 Page 6 Council Member Rivoire noted for the record that the amendments in the ordinance could have a negative impact to the neighborhoods, pointing out that 20 or more people is considered a small gathering and a relatively low threshold; stated that the student community may have the perception of being targeted. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to introduce Ordinance No. (2015 Series ) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 9.13 of the San Luis Obispo Municipal Code regarding unruly gatherings," with the following revisions: a. The tenth finding reordered as the first: "WHEREAS, Neighborhood Wellness has been a Major City Goal during the 2011 -2013 and 2013 -2015 Financial Plans and continued as an Other Important Objective in the 2015 -2017 Financial Plan." b. The sixth finding to read as: "WHEREAS, the City Council finds that despite the adoption of the Unruly Gatherings Ordinance, such gatherings still occur within the residential areas of the City, most notably within the areas of the City thM afe me--e saWrated with students- with a high nercentage of rentals and student aged residents." c. Section 9.13.020 (Definitions) to read as: "Unruly gathering" shall mean a gathering of twenty or more persons on private property that results in conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood or presents a threat to the health, welfare and safety of those in attendance, responding enforcement personnel, or nearby residents or properties. For purposes of this Chapter, "conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, or presents a threat to the health, welfare, and safety..." shall include, but is not limited to a, ny or all of the following: a noise disturbance €eur obstruction of public streets or rights -of -way by people or vehicles; public drunkenness; unlawful possession of alcohol or drugs; serving alcohol to minors; fights; disturbances of the peace; urinating or defecating in public; setting off fireworks; vandalism; littering on public property or private property not belonging to the host of the gathering; presence of persons on rooftop areas not designed for occupancy; unpermitted live bands, amplified music or DJs; and throwing bottles or other objects or substances at law enforcement or any other person. d. Section 9.13.030 (Unruly Gatherings Prohibited) to read as: "It shall be unlawful and a violation of this Chapter for any person to attend or participate in an unruly gathering in a manner that contributes to the unruly gathering by engaging in conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood, or presents a threat to the health, welfare, and safety of those in attendance, responding enforcement personnel, or occupants of nearby residents or properties, as defined in Section 9.13.020 E. San Luis Obispo City Council Minutes of July 21, 2015 Page 7 B2. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CALIFORNIA POLYTECHNIC STATE UNIVERSITY POLICE DEPARTMENTS Acting Police Chief Staley, Lieutenant Smith, and Stephanie Teaford, representing Cal Poly Police Department, narrated a PowerPoint presentation entitled "Memorandum of Understanding" and responded to Council inquiries. Sandra Rowley, Residents for Quality Neighborhoods (RQN), spoke in support of the collaboration between San Luis Obispo Police Department and Cal Poly Police Department (UPD). Stephanie Teaford, Cal Poly Police Department, voiced support for the cooperative agreement between the City of San Luis Obispo and UPD; stated that the agreement will enhance UPD's ability to assist the City. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve the Memorandum of Understanding between the City of San Luis Obispo and Cal Polytechnic State University Police Departments. LIAISON REPORTS Council liaison reports were received from Council Member Christianson and Mayor Marx. COUNCIL COMMUNICATIONS Mayor Marx announced that Council Member Rivoire will serve as a second alternate to the San Luis Obispo Council of Governments (SLOCOG) for an upcoming meeting. ADJOURNMENT The Regular Meeting of August 4, 2015 was previously cancelled. Consequently, the next Regular Meeting will be held on August 18, 2015 at 6:00 p.m. in the City Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 08/18/2015