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HomeMy WebLinkAbout12-15-2015 Minutesr Council Minutes rnt City Hall, 990 Palm Street, San Luis Obispo Tuesday, December 15, 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, December 15, 2015 at 4:00 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, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions. PUBLIC COMMENT ON CLOSED SESSION There was no one desiring to speak. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation include allegations by the group California River Watch in a letter to the City from its counsel, Jack Silver, that the City has committed San Luis Obispo Page 1 San Luis Obispo City Council Minutes of December 15. 2015 Page 2 violations of the Clean Water Act. The letter, dated October 8, 2015, is on file with the City Clerk. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation are the procurement and installation of equipment included in the 2015-17 Financial Plan, but not finally approved in accordance with City purchasing guidelines. C. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9; Name of case: State Water Resources Control Board Case No. SWB-2008-3-0016 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APNs 002-416-031, 002-416-035 and 002-416-038 Negotiating parties: City of San Luis Obispo: Katie Lichtig, Derek Johnson, J. Christine Dietrick, Anne Russell, Michael Codron and Lee Johnson San Luis Obispo Court Street, LLC: Tom Copeland, Suzanne Fryer, Mark Rawson (aka San Luis Obispo Chinatown, LLC) Under negotiation: Price and terms of payment E. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9; Name of case: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of California Public Employment Relations Board Case No. LA -CE -729-M ADJOURN TO REGULAR MEETING OF JANUARY 5, 2016 San Luis Obispo City Council Minutes of December 15.2015 Page 33 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, December 15, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Ashbaugh led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick presented the report on Closed Session and there were no reportable actions at this time. PRESENTATIONS 1. PROCLAMATION - RON MUNDS RETIREMENT Mayor Marx presented a Proclamation to Utilities Service Manager Munds, recognizing his upcoming retirement with the City of San Luis Obispo. 2. PROCLAMATION - COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO COUNTY, INC (CAPSLO) Mayor Marx presented a Proclamation to Elizabeth "Biz" Steinberg, representing Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO), recognizing CAPSLO's 50th Anniversary. Elizabeth Steinberg expressed gratitude to the Mayor and City Council for recognizing CAPSLO's 50th Anniversary. San Luis Obispo City Council Minutes of December 15 2015 PVc4 4 3. PRESENTATION BY CHRIS _KOFRON, REPRESENTING U.S. FISH AND WILDLIFE SERVICE, PRESENTING A CONSERVATION AWARD TO THE CITY OF SAN LUIS OBISPO Recovery Permit Coordinator/Senior Biologist Kofron presented a Conservation Award to the City of San Luis Obispo, recognizing outstanding stewardship of natural resources and in particular to help conserve the endangered Chorro Creek bog thistle. 4. PRESENTATION RV RON REGiER, PERFORMING ARTS CENTER MANAGING DIRECTOR, REGARDINGw THE PERFORMING ARTS CENTER STRATEGIC PLAN UPDATE Performing Arts Center Managing Director Regier and Foundation for the Performing Arts Center Chair Rolph presented a PowerPoint presentation entitled "Strategic Plan 2015." PUBLIC COMMENT PERIOD Harry Busselen, San Luis Obispo, expressed concerns with the health and safety in the City; acknowledged that staff has provided information regarding flood control and inquired about a map that includes "flood hot spots"; expressed concerns with night hiking in the Irish Hills Natural Reserve, highlighting that hikers enter near the Costco Wholesale property. Donald Hedrick, San Luis Obispo, stated that actions taken by various government bodies have collaborated with global partnerships; opined that foreign partnerships negate the sovereignty of the Country; urged the City to avoid global partnerships. Paul Rys, San Luis Obispo, spoke on the presentations that highlighted improvements in neighborhood quality, stating that the City's debt is a concern for the community; urged that the City Council enact changes to management of City employees' health care and or pension plans, similarly to the retirement plans for the City of San Diego employees; noted that changes in the City of San Diego employees' health care plans have proven to be cost-effective. City Manager Lichtig stated that City staff is currently working on a map that highlights "flood hot spots" and directed Public Works Director Grigsby to provide flood control information to Mr. Busselen. City Manager Lichtig clarified that the City does not offer medical insurance to its retired employees, noting that the City employees are part of the California Public Employees' Retirement System (CaIPERS). City Manager Lichtig recognized Public Works Director Grigsby at the podium. Public Works Director Grigsby spoke on a change to a Request for Proposal (RFP) for Item 8, regarding the Operation and Maintenance of Fixed Route, Public Transit Services Specification 91433 as reflected in the City Council Memorandum. San Luis Obispo City Council Minutes of December 15, 2015 Page 5 CONSENT AGENDA MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items 5 thru 10. 5. 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. 6. MINUTES OF THE CITY COUNCIL MEETING OF NOVEMBER 3, 2015 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meeting of November 3, 2015 as amended. Council Member Ashbaugh recommended an amendment to packet page 11 of the minutes, deleting the words "once the." 7. FISCAL YEAR 2014-15 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt a Resolution No. 10679 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2014-15 annual report on Development Impact Fees and reaffirming the necessity of development impact fees and a finding that fees are needed in the Airport Area Specific Plan." Council Member Ashbaugh recommended an amendment to packet page 16 of the City staff report, providing the following correction: "the account held $1,471,571" changed to "the account held $937,895." In response to Council Member's Ashbaugh's comments, Assistant City Manager Johnson stated that the City staff report inaccurately reported the amount, noting that the staff report contains a resolution with the correct amount. 8. AUTHORIZATION FOR SLO TRANSIT OPERATIONS AND MAINTENANCE CONTRACT - REQUEST FOR PROPOSALS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to authorize the issuance of a Request for Proposal (RFP) to operate and maintain the City's Transit System as modified per the Council correspondence amending Part 1, section 2, subpart E of the RFP regarding protest procedures. Safi Luis Obispo City Council Minutes_ of December 15,_2015_ Page 6 9. 2016 STANDARD SPECIFICATION AND ENGINEERING STANDARD UPDATE MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Adopt a Resolution No. 10680 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving revised Standard Specifications and Engineering Standards for Construction." 2. Authorize the City Engineer to release projects currently in design or approved by Council under the 2014 City Standard Specifications on a case by case basis. 10. ORDINANCE NU. 1627 {SECOND READING] AMEND MUNICIPAL CODE CHAPTER 13.16 TO ALLOW FOR LIMITED INTERIM WATER AND SEWER SERVICE ASSOCIATED WITH FIERO LANE AND CLARION COURT AREA (805 FIERO LANE) MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt an Ordinance No. 1627 (2015 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California amending Municipal Code Chapter 13.16 to allow interim water and sewer service associated with the proposed future annexation of the Fiero Lane and Clarion Court area (850 Fiero Lane)." Paul Rys San Luis Obispo, expressed concerns for the need of a new bridge near Clarion Lane; explained that the current Santa Fe Bridge does exist; questioned about plans to construct a new bridge; inquired about the use and need of water by members of the community, located near Clarion Court Area. In response to Mr. Rys inquiries, Community Development Director Codron explained that the plans for a new bridge is an item funded by the Airport Area Specific Plan; noted that it is a project that is eligible for grant funding and is also a project that has been considered. PUBLIC HEARINGS 11. UPDATE TO NOTIFICATION STANDARDS Community Development Director Codron and Planning Technician Van Leeuwen narrated a PowerPoint presentation entitled "Updates to notification Standards" and reviewed the contents of the report. San Luis Obispo City Council Minutes of December 15-2015 Page Sandra Rowley, Chairperson of Residents for Quality Neighborhoods, expressed gratitude to City staff for the changes made for Public noticing times and distances; submitted a letter to the City Council urging to consider recommendations and minor changes regarding notifications that are of special interest to city residents, including: projects and demolition on historic sites; explained expanding the noticing distance for high occupancy permit requests and consider adding "minimum" to Notification Requirements. Linda White, San Luis Obispo, expressed support to the views of Residents for Quality Neighborhoods regarding Public noticing; expressed concerns with responsiveness and disconnect between City staff and the City Council; noting that lengthening the notification standards to two weeks would better improve processes; opined that by lengthening the notification standards there would be a decrease in appeals to the Architectural Review Commission, Planning Commission, and to the City Council. The City Council discussed the expansion of certain noticing requirements, approving the expansion of the postcard range to 100 feet for projects that are currently noticed to adjacent owners to increase the likelihood of public participation, noting that staff will be able to make these enhancements to the standards, without impacting the ability to achieve other process goals previously set for department. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, to adopt a Resolution No. 10681 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adopting revised development review notification requirements," and direct staff to pursue the additional enhancements to public notification, outreach, and to direct staff to expand the post card range to 100 feet for the projects that are currently noticed to the adjacent owners and occupants and increasing the noticing to seven days for all projects that have a current five day requirement. BUSINESS ITEMS 12. ADOPTION OF THE OPEN SPACE MAINTENANCE PLAN Parks & Recreation Director Stanwyck and Recreation Supervisor Carscaden narrated a PowerPoint presentation entitled "2015 Open Space Maintenance Plan" and reviewed the contents of the report. Recreation Supervisor Carscaden spoke on the Key Elements proposed in the Open Space Maintenance Plan, highlighting: Maintenance Activities, Trailhead Amenities, and Open Space Locations and responded to City Council inquiries. Donald Hedrick, San Luis Obispo, spoke on the status of Laguna Lake and drought conditions that negatively affect the vegetation; urged the City Council to consider ways to improve the Laguna Lake by considering it in the Open Space Maintenance Plan. San Luis Obispo City Council Minutes of December 15, 2015 11aL Greg Bettencourt, Central Coast Concerned Mountain Bikers, expressed support to the Open Space Maintenance Plan and to City staff; explained that the he frequently observes City Rangers preforming trail maintenance and resource protection. Gary Felsm_M San Luis Obispo, expressed support to the Open Space Maintenance Plan, noting that he submitted a letter to the City Clerk's Office for Public Comment concerning compliance; explained that the rules are enforced regularly and urged the City Council to consider additional rangers. Bob Shanbron-, San Luis Obispo, expressed gratitude to Natural Resource Manager IIill for his engagement with the Open Space Maintenance Plan and urged the City Council to purchase electric mountain bikes to extend patrol areas for the rangers. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0, adopt a Resolution No. 10682 (2015 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the City of San Luis Obispo 2015 Open Space Maintenance Plan and adoption of a Negative Declaration," pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063(b)(2), including corrections RECESS Council recessed at 8:05 p.m. and reconvened at 8:16 p.m., with all Council Members present. 13. MEDICAL MARIJUANA RESOLUTION City Attorney Dietrick and Community Development Director narrated a PowerPoint presentation entitled "Medical Marijuana Resolution" and reviewed the contents of the report. Jean Sumrall, San Luis Obispo, spoke about the types of medical marijuana users in the community, noting that medical marijuana is used by many seniors to alleviate pains or illnesses that they suffer from; expressed gratitude to the City Council to consider her concerns. Ruby Gutierrez, San Luis Obispo, expressed concerns regarding the dependence of medical marijuana and mobile dispensaries; spoke on behalf of her family member who suffered from colon cancer, noting that he was prescribed with medical marijuana to help with his illness. Dan Shinn, stated that there was a misinterpretation regarding language used in the draft resolution, concerning the ban of medical marijuana dispensaries; urged staff to provide clarification for regulations of cultivation of medical marijuana; requested that the resolution be rephrased to prevent misinterpretations. San Luis Obispo City Council Minutes of December 15, 2015 Page 9 Will Malmen, Cayucos, voiced support to Mr. Shinn's comments, noting that the draft resolution was difficult to understand. Charles Doster, Los Osos, spoke on behalf of medical marijuana businesses and users, emphasizing the importance of medical marijuana; noted that medical marijuana treats arthritis, osteoporosis, cancer, and many illnesses; urged the City Council to clearly state a position, regarding the regulations of medical marijuana. David _ Flannery, Santa Margarita, expressed support to the previous speakers regarding medical marijuana; spoke on the allowance of alcohol outlets in the City; requested clear guidelines for businesses in the medical marijuana industry, opining that businesses should be able to operate similarly to bars and restaurants that serve alcohol in the downtown area. Austen Connella, submitted a speaker card and was not present during Public Comment. Bryan Davis, San Luis Obispo, spoke about his hydroponics store; explained that businesses in the medical marijuana industry are sometimes family owned businesses; stated that clarification of rules and regulations is needed to help regulate medical marijuana cultivation. Ben Wooldridge, Shell Beach, spoke on behalf of patients and medicinal growers, stating he is against the ban of medical marijuana cultivation. Scam Donahoe, California Growers Association Policy Advisor, stated that he is against bans against medical marijuana cultivation; spoke about a topic discussed by the Board of Supervisor's regarding the consideration of a medical marijuana cultivation ordinance, highlighting that quality assurance testing for businesses in the industry is needed; urged the City Council to issue local licenses for medical marijuana businesses. Michelle Tasseff, San Luis Obispo, spoke about smoke shops that partake in illegal activities, including illegal marijuana sales; explained that a major concern is that marijuana is very accessible to teenagers; stated that the City Council of the City of Santa Maria is also considering a similar topic about medical marijuana this evening at their City Council meeting. Grady Barnhard, spoke about his mother and sister who are cancer survivors; explained that medical marijuana has helped his family members survive their ailments; urged that the City Council improve the notification processes to the Public regarding major concerns in the community. Danny Braxoixiburg, submitted a speaker card and was not present during Public Comment. Tanner Jeninas, California Cannabis Hemp Initiative 2016, spoke about the local accessibility issues for medical marijuana users. San Luis Obispo City Council Minutes of December 15, 2015 Page 10 Tristan Negranti, San Luis Obispo, opined that the section of the Resolution that states, "the City's permissive zoning code prohibits medical marijuana businesses, operations and uses, including cultivation of medical marijuana in the City" will eliminate all of the compassion provided to the members of the community who spoke during Public Comment; presented statistics regarding a study on medical marijuana dispensaries, noting that there are increased concerns regarding opioid overdose deaths. Ryan Garcia, Morro Bay, stated that he was an Air Force combat veteran who served in Afghanistan; explained that he suffers from Post -Traumatic Stress Disorder, insomnia, and chronic pains; noted that medical cannabis has been beneficial to his recovery and improved the quality of his life. Wendy Brown, San Luis Obispo, spoke about the County Board of Supervisor's Meeting held earlier in the afternoon, noting that after the Board's discussion on the topic of medical marijuana, they determined that prohibiting cultivation of medical marijuana has been deemed inappropriate; urged City staff to study ordinances in other cities regarding medical marijuana for clarification purposes and to make regulations easier to interpret for the public. David Gelirt. spoke on his use of medical marijuana to treat his illness of Multiple Sclerosis; explained that the language used in the draft resolution states that medical marijuana is not permitted; explained that the language in the draft resolution needs to be revised for better understanding. Donald Hedrick, San Luis Obispo, spoke on the competition of illegal drugs; explained that special interest groups have control through global elitists; opined that regulation of licensed businesses is easier to control when structured. Will Wilhite, Paso Robles, spoke on behalf of veterans who are medical marijuana users; expressed gratitude to the City Council for considering concerns about cultivation of medical marijuana. Emerald White, San Luis Obispo, spoke on the improvements to patient's health when using marijuana for medicinal purposes. Kramer Tartalia, Arroyo Grande, spoke about an accident he suffered after being struck from a car; explained that after his accident he was prescribed with opioids or medical marijuana alleviate pain from his injuries; explained that he depends on medical marijuana. Chris Bradley, Santa Maria, spoke about his friend who lost her life to cancer; explained that medical cannabis assisted her through the treatment of her cancer. Aaron McFarland. expressed support to the speakers this evening; stated that there are four states who have permitted marijuana for recreational purposes; urged the City Council to provide clarification in the draft resolution and to the current regulations. San Luis Obispo Citv Council Minutes of December 15. 2015 Paize 11 Aaron Eckman, Arroyo Grande, stated that the draft resolution does not allow for the City to tax the revenue accrued from medical marijuana cultivation; noted that taxable revenues from this industry can increase taxable revenues for the City to pay for improvement projects in the community, such as applying additional pedestrian crossings. Garret RaynaLid, Circle of Dreams Farm, opined that there is a necessity of cultivation of medical marijuana; explained that businesses need regulations; stated that the delivery service that he provides to his patients enables medical marijuana to treat their illnesses; and explained that he suffers from Post -Traumatic Stress Disorder and medical marijuana has aided in his life. In response to public comments, City Attorney Dietrick explained the City's Permissive Zoning Code regarding regulation of licenses; spoke on the ambiguity that exists, noting that there are not clear parameters regarding enforcement and regulation; stated that staff shares similar concerns with the testaments explained this evening; clarified that the recommendation is not to adopt any changes to the current status of operations in the City and responded to City Council inquiries. In response to public comments, Community Development Director spoke about the City's Permissive Zoning Code, added that city staff may assist with public engagement through workshops provided by the Community Development Department when additional updates and information is available regarding the cultivation of medical marijuana. The City Council deliberated about regulations for the City, regarding the cultivation of medical marijuana and City Permissive Zoning Code. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCILMEMBER CHRISTIANSON, CARRIED 5-0, to adopt a Resolution No. 10683 (2015 Series) as amended to remove duplicate recitals, entitled "A Resolution of the City Council of the City of San Luis Obispo, California, reaffirming that the City's Permissive Zoning Code prohibits marijuana businesses, operations and uses, including cultivation of medical marijuana in the City, and making a finding that the resolution is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3)" and to direct staff to provide updates for State policies and Federal regulations relating to cultivation of medical marijuana. STUDY SESSION 14. 2015 WATER RESOURCES STATUS REPORT Utilities Director Mattingly and Deputy Director Floyd narrated a PowerPoint presentation entitled "2015 Water Resources Status Report" and reviewed the contents of the report. Linda White, San Luis Obispo, submitted a speaker card and was not present during Public Comment. San Luis Obispo City Council Minutes of December 15 2015 Pae 12 Donald Hedrick, San Luis Obispo, expressed concerns with the use of fluoride in the water and the negative health affects; noted that other countries have banned fluoride in their water resources. Bob Shanbrom, San Luis Obispo, inquired about planning for the drought; urged the City Council to consider the Nacimiento Reservoir, highlighting the current drought conditions. Paul Rys, San Luis Obispo, inquired about the storage of above ground reservoirs; urged the City Council to consider the expansion of recyclable uses of water. In response to Public Comment, Utilities Deputy Director Floyd stated that he is meeting with Mr. Shanbrom to discuss current planning for the drought and spoke about the Water Resource Recovery Facility. Utilities Director Mattingly stated that the levels of the fluoride in the water have been tested and decreased and responded to City Council inquiries. By consensus, Council directed staff to receive and file the 2015 Water Resources Status Report. LIAISON REPORTS Council Member Ashbaugh announced that the Friends of Prado Day Center will be hosting an event on February 6, 2016 at the Veterans Hall. COUNCIL COMMUNICATIONS None. ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, January 5, 2016 at 6:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 03/01/2016