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08-18-2015 Minutes
Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, August 18, 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, August 18, 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 Rivoire led the Pledge of Allegiance. PRESENTATION 1. PRESENTATION BY TIM MAHONEY. REPRESENTING SOUTHERN CALIFORNIA GAS COMPANY REGARDING THE STATUS OF THE SOUTH HIGUERA GAS LINE PROJECT Tim Mahoney, representing Southern California Gas Company (SCG), provided an update on the status of the South Higuera Gas Line Project; advised that SCG's mission is to ensure that gas is delivered in a safe and reliable way; noted that when the project is completed the affected streets will be repaved and striped to the City's standards. INTRODUCTION 2. REBECCA GERSHOW, ASSOCIATE PLANNER Community Development Director Johnson introduced Rebecca Gershow newly -hired Associate Planner. San Luis Obispo City Council_ Minutes or August 18, 2015 Page 2 PUBLIC COMMENT Ken Meersand, California Clean Money Campaign, Pismo Beach, urged Council to endorse Assembly Bill (AB) 700 related to campaign disclosure requirements; asserted that large campaign contributions and special interest groups can negatively influence local elections. Ivana Yegng, San Luis Obispo County Planning and Building Department, San Luis Obispo, stated that grant funding is now available through Community Development Block Grants, Home Investment Partnership Program, and Emergency Solutions Grants; announced that open houses will be held to help determine which proposals will be awarded these grants. terry Vloltan„ San Luis Obispo, urged Council to move forward with seeking a court order to resolve the residential development project at 1179 San Carlos Drive; voiced opposition regarding the re- establishment of an agreement to allow Ryan Petetit to enter the property. Jane Eddy, San Luis Obispo, voiced concern that personal shopping carts are no longer permitted on City buses; opined that disabled people are negatively impacted by this new policy. Dirk Anderson, San Luis Obispo, voiced concern that the homeless are begin harassed, noting that he is a homeless veteran; stated that he does not create problems as a homeless person and the Police Department shnnld not confront him, Donald Hedrick, San Luis Obispo, opined that local government should not rubber stamp development projects; asserted that foreign interest groups are influencing the elections; stated that the City needs to restore integrity in the election process. William Ostrander, Director of Citizens Congress, urged Council to agendize the "Integrity in Our Elections Ordinance "; voiced concern that a majority of campaign contributions come from wealthy donors which disenfranchises regular citizens in the electoral process. Michael Latner, San Luis Obispo, noted that he is a professor in political science and an expert in elections; stated that the proposed "Integrity in Our Elections Ordinance" improves participation, accountability, and enforcement as it relates to campaign financing; opined that clean elections should be a priority for the City and that contribution limits will become ineffective over time. Eric Veium, San Luis Obispo, urged Council to direct staff to agendize the proposed "Integrity in Our Elections Ordinance "; stated that the proposed ordinance enhances integrity, transparency, and accountability in elections. Harry Busselen, San Luis Obispo, urged Council to implement flood protection measures before the winter storm season; voiced concern that potable water is being lost due to the City's declining water distribution system; noted that he is drinking bottled water until an update is provided regarding the recent water constituent violation. John Belsher, San Luis Obispo, spoke on the status of the residential project located at 1179 San Carlos Drive; noted that the City has had three Chief Building Officials in recent years which has led to confusion about the project. Sara Luis Obispo City Council Minutes of August 18, 2015 Page 3 In response to public comment, Utilities Director Mattingly advised that there is still a possibility that trihalomethane could spike and that sensitive persons should take necessary precautions; noted that water main breaks do occur on occasion, however, noted that the City has a robust Capital Improvement Plan. In response to public comment, Natural Resources Manager Hill advised that the City has a robust winterization plan to help prevent the potential for flooding in the creek systems, noting that an outline of the plan will be distributed to the Council soon. By consensus, Council directed staff to analysis Citizens Congress' proposed ordinance entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code to create a system `Democracy Vouchers' funding for municipal elections and to make other revisions to the City's Election Campaign Regulations" and to agendize the matter for future consideration in December 2015. CONSENT AGENDA Paul Buntour, San Luis Obispo, urged Council to repeal the ordinance regarding feeding of animals; asserted that the City is guilty of animal neglect at Laguna Lake by depriving food and water; advised that his neighbors are placing wade pools at the lake to assist the wildlife. John Smi eg lski, San Luis Obispo, urged Council to create an advisory committee to assist with the restoration of Laguna Lake and to address the creek's capacity to support the heavy rainfall this winter; conveyed support for issuing a request for proposal (RFP) for Laguna Lake. Arnold Ruiz, San Luis Obispo, urged Council to take action to re- establish the ecosystem at Laguna Lake; opined that bureaucracy is preventing the City from addressing the situation at Laguna Lake in a timely manner. Donald Hedrick, San Luis Obispo, requested that Items 7, 11 and 15 be removed from the consent calendar; opined that ordinances should be considered individually for a roll call vote; stated that geoengineering is impacting the drought conditions at Laguna Lake and that now would be an appropriate time to dredge the lake. Harry Busselen, San Luis Obispo, questioned the propriety of holding Laguna Lake area residents financially responsible for open space maintenance through a special assessment district. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items 3 thru 15, with Council Member Carpenter registering a no vote on Item 12. 3. 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 August 18, 2015 Page 4 4. MINUTES OF THE CITY COUNCIL MEETINGS OF July 7, 9, AND 21, 2 ©15 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council meetings of July 7, 9, and 21, 2015. 5. WATER AND WASTEWATER PORTABLE GENERATOR REPLACEMENT SPECIFICATION NO. 91332 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: I. Authorize the Finance Director to execute a purchase order to San Luis Powerhouse of San Luis Obispo, California, in the amount of $165,335.45 for the purchase of one 100 kW Multiquip DCA125SSJU4F, and one 200 kW Cummins C200D portable generators. 2. Authorize the surplus designation of Fleet Asset No. 0008, 0009, 0010, and 0010, 1999 Caterpillar HX100 portable generators, by sale, auction, trade -in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Section 405 -L and 480. 6. UPDATE OF LONG -TERM AFFORDABLE HOUSING AGREEMENT DOCUMENTS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Appropriate $10,000 within the Affordable Housing Fund from unallocated reserves to an expenditure account to update the City's long -term affordable housing agreement documents. 2. Authorize the City Manager to execute the legal services agreement with Goldfarb & Lipman LLP in an amount not to exceed $10,000. 7. AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR PHASE I OF THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, TO: 1. Authorize the issuance of a Request for Proposals (RFP) for phase I of the Laguna Lake Dredging and Sediment Management Project in furtherance of the City's Laguna Lake Natural Reserve Conservation Plan pursuant to Specification No. 91392. 2. Authorize the City Manager to award consultant services agreements if proposals are received within the available budget for the project. San Luis Obispo City Council Minutes of August 18, 2015 Page 5 8. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2015, SPECIFICATION NO. 91308 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, TO: 1. Approve Plans and Specifications for the Community Development Block Grant (CDBG) Curb Ramps 2015 project, Specification No. 91308. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $170,000. 9. INCLUSIONARY HOUSING EXCLUSION AND CITYWIDE TRANSPORTATION IMPACT FEE CREDIT FOR THE PROPOSED HOMELESS SERVICES CENTER MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10652 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving an Inclusionary Housing exemption and Citywide Transportation Impact Fee credit for the proposed Homeless Service Center." 10. AMEND SCOPE OF WORK WITH JOHNSON AVIATION TO PROVIDE TECHNICAL ASSISTANCE TO CITY DURING COUNTY UPDATE TO AIRPORT LAND USE PLAN MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to authorize the Community Development Director to sign a contract amendment to amend the scope of work of an existing contract with Johnson Aviation for an amount not to exceed $50,000 in fiscal year 2015 -16 and $50,000 in fiscal year 2016 -17 to provide technical assistance to the City during review of the County's update to the San Luis Obispo County Regional Airport Land Use Plan. 11. APPROVE A RESOLUTION AUTHORIZING THE EXAMINATION OF PREPAID TELEPHONY SERVICE SURCHARGE AND LOCAL CHARGE RECORDS AND APPROVE AN AGREEMENT FOR THE COLLECTION OF THE MOBILE TELEPHONY SURCHARGE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Approve an agreement between the City and the State Board of Equalization for the collection and distribution of Mobile Telephony Surcharge assessed on prepaid wireless service fees and authorize the City Manager to execute the agreement. (Council action continued on the next page) San Luis Obispo City Council Minutes of August 18, 2015 _ Page 6 2. Adopt Resolution No. 10653 (2015 . Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the agreement with the State Board of Equalization for implementation of the Local Prepaid Mobile Telephony Services Collection Act and authorizing the City Manager to execute the agreement on behalf of the City." 3. Adopt Resolution No. 10654 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the examination of Prepaid Mobile Telephony Service Surcharge and Local Charge Records." 4. Adopt Resolution No. 10655 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager and City Attorney to execute certain documents required by the Board of Equalization to collect the City's Utility Users Tax on Prepaid Wireless Service." 12. SUPPORT NEW SUSTAINABLE TRANSPORTATION FUNDING FOR ALL TRANSPORTATION MODES BY SUPPORTING EFFORTS OF THE FIX OUR ROAD COALITION AND 511 -16 (BEALL) MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10656 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, urging the State to provide new sustainable funding for state and local transportation infrastructure, participation in a statewide - Fix Our Roads Coalition, and endorsing SB -16 (Beall)." 13. SINSHEIMER POOL RE- PLASTER AND RE -TILE SPECIFICATION NO. 91208 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: Award a contract to Condor, Inc. in the amount of $487,460.00 for the Sinsheimer Pool Re- plaster and Re -tile project, Specification No. 91208. 2. Approve a transfer of $51,000 from the construction management phase of the project account to the construction phase of the project account. 14. RESOLUTION AUTHORIZING THE COLLECTION OF DELINQUENT CODE ENFORCEMENT FINES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: 1. Rescind and replace Resolution No. 10625 (2015 Series). 2. Adopt Resolution No. 10657 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to assess amounts due on delinquent Administrative Fines as special assessments against properties pursuant to California Government Code Section 53069.4(A)." San Luis Obispo City Council Minutes of August 18, 2015 Page 7 15. ORDINANCE NO. 1621 (SECOND READING) - AMENDING CHAPTER 9.13 OF THE MUNICIPAL CODE RELATED TO UNRULY GATHERING MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt !Ordinance No. 1621 (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," as amended to include the work "welfare" in Section 9.13.020 (Definitions). PUBLIC HEARING 16. SOLID WASTE BASE YEAR RATE APPLICATION WHICH INCLUDES THE COST OF A NEW ORGANICS DIVERSION /COMPOSTING PROGRAM Utilities Director Mattingly and Utilities Services Manager Munds narrated a PowerPoint presentation entitled "Solid Waste Base Year Rate Application "; requested that Council continue consideration of the franchise agreement to a date uncertain while staff continues to finalize the agreement with San Luis Garbage Company; responded to Council inquires. Mayor Marx opened and closed the Public Hearing, there being no others desiring to speak on this item. City Clerk Mejia reported a total of 7 validated written protests were submitted in advance of the public hearing; advised that based on the total percentage needed, this does not amount to a legally sufficient protest. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5 -0, to: 1. Conceptually approve an expanded organics diversion program that includes food waste, ends the use of green waste as alternative daily cover at Cold Canyon Landfill and uses Kompogas Anaerobic Digestion technology. 2. Adopt Resolution No. 10658 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, establishing integrated solid waste rates," provided there is not a majority protest against such increase, as follows: (a) Base Year Rate Increase Effective January 1, 2016, a 5.25% rate increase (b) Interim Year Consumer Price Index rate Increase (Consumer Price Index publish by the U.S. Department of Labor, Bureau of Labor Statistics) Based on the annual increase (if any) in the Consumer Price Index (CPI) for Urban Consumers based on All U.S. City Average Effective January 1, 2017: June 2016 CPI increase (if any) Effective January 1, 2018: June 2017 CPI increase (if any) (c) Annual Landfill Expansion Rate Increase (Pass- through of Count- approved annual tipping fee increase at Cold Canyon Landfill) Effective January 1, 2017: 0.85 percent Effective January 1, 2018: 0.82 percent San Luis Obisp City Council Minutes of August 18, 2015 Page S BUSINESS ITEM 17. STRATEGY TO UPDATE THE DOWNTOWN CONCEPT PLAN AND REQUEST FOR CONSL]LTANT ASSISTANCE Carpenter announced that he is recusing himself because he owns property within the boundaries of the Downtown Concept Plan; left the Chamber at 7:31 p.m. Community Development Director Johnson and Community Development Deputy Director Murry narrated a PowerPoint presentation entitled "Downtown Concept Plan Update" and responded to Council inquires. Donald Hedrick, San Luis Obispo, voiced concern that outside special interest groups and consultants are influencing the development of the downtown and negatively impacting the viewshed. Jacub Rogej-s, San Luis Obispo, opined that at least one member of the Creative Vision Team should be a student representative from Cal Poly. .lames Lopes, San Luis Obispo, noted that he submitted correspondence recommending revisions to the request for proposal (RFP) for consultant services; suggested that Council request a 3D model of the Downtown Concept Plan; suggested that the completed plan should be a policy document or a reference document to the General Plan. Charlene Rosales, Chamber of Commerce, spoke in favor of expanding the membership of the Creative Vision Team; noted the Chamber's desire to see active community engagement in developing the plan. Steve Delmartini, San Luis Obispo, voiced support for establishing an ad -hoc Council subcommittee for the purpose of interviewing Creative Vision Team applicants with a recommendation forwarded to the full Council. In response to public comment, Community Development Deputy Director Murry pointed out that the RFP includes an optional deliverable for a sketch model of the new Downtown Concept Plan, noting that a 31) model would likely be over budget; advised that the consultants will help ensure that the project moves forward on schedule, maximize public engagement, and provide specialized experience in urban design. Council expressed its desire for the Downtown Concept Plan to return to Council prior to December 2016. By consensus, Council appointed Council Members Christianson and Rivoire to an ad- hoc subcommittee for the purpose of interviewing candidates and forwarding to Council recommendations for appointment to the Creative Vision Team; Council agreed that the Creative Vision Team should be expanded to include five new members for a total of a nine member team. San Luis Obispo City Council Minutes of August 18. 2015 Page 9 MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4 -0 (COUNCIL MEMBER CARPENTER RECUSED), to: 1. Approve the Scope of Work and Request for Proposal for consultant services associated with updating the Downtown Concept Plan Specification No. 91364 and authorize staff to advertise for proposals. 2. Authorize the Community Development Director to execute the agreement with the selected consultant if costs are within the approved budget. 3. Adopt Resolution No. 10659 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, creating the Creative Vision Team for the Downtown Concept Plan Update and defining its term and charge." RECESS Council recessed at 8:26 p.m. and reconvened at 8:38 p.m., with all Council Members present. PUBLIC HEARING 18. PUBLIC ENGAGEMENT AND NOTICING MANUAL Assistant City Manager Codron and Principal Analyst David narrated a PowerPoint presentation entitled "Public Engagement & Noticing Manual, Community Engagement: A Guide to Outreach Planning" and responded to Council inquires. Mayor Marx opened the Public Hearing. Carolyn Smith, San Luis Obispo; recommended that noticing periods be expanded from 5- days and 10 -days to 10 -days and 14 -days, respectively; recommended that at a minimum all adjacent properties and properties across the street should receive notifications. James Lopcs, San Luis Obispo, spoke in support of Residents of Quality Neighborhoods (RQN) recommendations to extend noticing periods; suggested that advisory body public hearings need longer noticing periods; recommended that an online database be created to allow residents receive notifications and review development applications. Donald Hedrick, San Luis Obispo, spoke on the importance of engaging citizens and providing adequate notice. Charlene Rosales, Chamber of Commerce, spoke in favor of increasing public engagement and utilizing new technologies to engage a larger audience. Sandra Rowley, RQN, requested that Council not endorse the Public Engagement and Noticing (PEN) manual at this time; reviewed RQN's recommendations as it relates to expanded notification periods and distances. There being no others desiring to speak on this item, the Public Hearing was closed. San Luis Obispo City Council Minutes of August 18, 2015 Page 10 By consensus, Council directed staff to analyze potential impacts of expanding notification periods for development projects and tree removal applications and to agendize the matter for future consideration in late 2015. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to: Endorse the new Public Engagement and Noticing (PEN) Manual as a strategy guide for staff when engaging the public on City projects and policy initiatives. 2. Adopt Resolution No. 10660 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting revised development review notification requirements," with the following revision to Exhibit A (revision in underlined font): Procedures Legal Legal Ad Postcards and Adjacent Owners Postcards to Signs Ad with Map and Occupants (including all ahuttiii Owners and (on -site properties and those across the street) Occupants notifications) within 300' BUSINESS ITEM 19. ADOPTION OF NEIGHBORHOOD MATCHING GRANT PILOT PROGRAM Community Development Director Johnson and Associate Planner Gershow narrated a PowerPoint presentation entitled "Neighborhood Matching Grants, Enhancing and Strengthening Neighborhoods" and responded to Council inquires. Heidi Hannon, San Luis Obispo, spoke in favor of the pilot program and the requirement for matching funds to ensure that citizens are engaged; suggested having block parties throughout the community, including having first responders provide first aid and emergency preparedness training. Donald Hedrick, San Luis Obispo, questioned if program funds could be used for installing a street light on Sacramento Drive; opined that the pilot program does not have adequate funding. MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10661 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Neighborhood Matching Grant Pilot Program for Fiscal Year 2015 -17, with $5,000 authorized in Fiscal Year 2015 -16 and $10,000 in Fiscal Year 2016 -17." Council Member Ashbaugh noted that he would prefer to separately consider allocating funding specifically for neighborhood block parties; expressed that it is his desire that the Neighborhood Match Grants be used for projects with a long - lasting impact. San Luis Obispo City Council Minutes of August 18, 2015 Page 11 STUDY SESSION 20. CITY PARTICIPATION IN THE CAL POLY MASTER PLAN UPDATE PROCESS Community Development Director Johnson and Community Development Deputy Director Murry narrated a PowerPoint presentation entitled "City Participation in the Cal Poly Master Plan Update Process" and responded to Council inquires. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5 -0, to establish a City Council ad -hoc subcommittee consisting of Council Member Ashbaugh and Mayor Marx with direction to develop Guiding Principles for the City's participation in the Cal Poly Master Plan Update process for discussion by the full Council on September 15, 2015. LIAISON REPORTS A Council liaison report was received from Vice Mayor Ashbaugh. COUNCIL COMMUNICATIONS None. ADJOURNMENT The next Regular Meeting will be held on September 1, 2015 at 6:00 p.m. in the City Council Chamber, 990 Palm Street, San Luis Obispo, California. /17 APPROVED BY COUNCIL: 09/15/2015