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HomeMy WebLinkAbout02/19/2013minutes city of san Luis oBispo SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, February 19, 2013 Special Meeting - 4:00 P.M. Regular Meeting — 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter, Vice Mayor Kathy Smith, and Mayor Jan Manx Absent: Council Member John Ashbaugh CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (d)(4) ' One (1) potential case PUBLIC COMMENT ON CLOSED SESSION ITEMS: City Attorney Dietrick called for public comments. No one spoke at this time and the Council recessed to the Closed Session in the Finance & IT Conference Room. Closed Session adjourned at 4:15 P.M. to Regular Meeting at 6:00 PM. ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Andrew Carter, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 1 city council meetinq minutes Page 2 Tuesday, February 19, 2013 ---------------------------------------------------------------------------- PLEDGE OF ALLEGIANCE Council Member Carter led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick stated Council met in closed session to consider the initiation of litigation against CBS Outdoor regarding the removal of a billboard the City asserts is illegally maintained on City property without a valid lease. ACTION: Motion by Council Member Carpenter / Vice Mayor Smith, to authorize initiation of litigation against CBS outdoor. Roll Call Vote: 4-0 (Councilmember Ashbauqh absent) Motion Carried. PRESENTATIONS PRESENTATION TO OUTGOING COUNCIL MEMBER ANDREW CARTER (MARX) Mayor Jan Marx read a proclamation for Andrew Carter and presented a plaque of recognition. Council Members Carpenter, Ashbaugh, Vice Mayor Smith and Mayor Marx 1 expressed appreciation of the time Council Member Carter has spent on the City Council. Council Member Carter expressed his thanks for those in the audience tonight as well as the members of the City Council who he had the honor to serve with. This is an end of his years of service for the City of SLO, but a new beginning with the City of Guadalupe. He acknowledged the presence of the Mayor from the City of Guadalupe. He stated that he has always said that serving on Council is part calling, and part addiction; the challenge is to keep it more calling than addiction. He referred to his focus on budget and that the City should stay the course. He thanked his wife Liz most importantly, for her support during his time serving the people of the community. Mayor Marx announced the Special Meeting regarding the potential Special Municipal Election will be held on Wednesday, February 20, 2013 at 9:OOam. PROCLAMATION PROCLAMATION — WORLD SPAY DAY. (MARX — 5 MINUTES) Mayor Jan Marx read a proclamation for World Spay Day; Christine Collie from the Feline Network accepted the proclamation. 1 city council mectinc, minutes Tuesday, February 19, 2013 Page 3 IPUBLIC COMMENT Jeff Aranguena, San Luis Obispo. Expressed his appreciation to Council Member Carter for his service to the City. He also thanked those who helped put on the Fire Fighters' Ball. $11,000 was raised for the Heart Safe project. Donald E. Hedrick, San Luis Obispo. Expressed his thanks to Council Member Carter. He also spoke in regard to homelessness in the City. Gary Fowler, San Luis Obispo. Spoke of his respect of Council Member Andrew Carter and his service on the Council. He stated he had submitted a request to the US Attorney and the IRS for an investigation of CAPSLO. - -end of public comments - -- CONSENT CALENDAR Public Comments On Items On The Consent Calendar No one spoke at this time. I1 C1. u --end of public comments— ACTION: Motion by Council MemberAshbaugh / Vice Mayor Smith to approve the Consent Calendar Items C1, 2 and C4. Roll Call Vote: 5 - 0 Motion Carried. 3. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented with the addition of the table of voting results, prepared by Staff at the Goal Setting Workshop. In addition, clerical corrections were reviewed. Council Member Ashbaugh referred to his suggested clerical corrections and Vice Mayor Smith confirmed her request to have the voting results table included with the minutes. ACTION: Approved by Consent Calendar Vote. city council. msctinq minutes Page 4 Tuesday, February 19, 2013 C2. FIRE PREVENTION AND SAFETY GRANT. (NINES /COX) Vice Mayor Smith asked a question of Fire Chief Hines regarding the services. RECOMMENDATION: 1) Authorize the City's submittal of a grant application in the amount of $102,000 to Federal Emergency Management Agency (FEMA) for fire prevention and safety grant for 2013. 2) Authorize the City Manager to accept and appropriate the funds to the Fire Department if the grant is awarded to the City. ACTION: Approved by Consent Calendar Vote. C3. STREET SWEEPING OPERATIONS. (GRIGSBY /LYNCH) RECOMMENDATION: 1) Authorize staff to advertise a Request for Proposals for Citywide Street Sweeping Services. 2) Authorize the City Manager to award a contract for Citywide Street Sweeping Services if proposals are within the estimated cost. 3) Authorize the reduction of staff levels by 1.0 FTE (Heavy Equipment Operator 1) in the Flood Control program, pending acceptance of a contract proposal for Citywide Sweeping Services and completion of meet and confer requirements. 3) Authorize the surplus designation of the sweeper, Fleet Asset No. 0909, by sale, auction, trade -in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management 1 Manual Section 405 -C, pending acceptance and implementation of a contract proposal for Citywide Sweeping Services. Council Member Ashbauqh removed the item from the Consent Agenda and asked questions of Public Works Director Grigsby. Council Member Carter illustrated examples of local communities who have similar services; Vice Mayor Smith spoke regarding her conversation with Director Grigsby. ACTION: Motion by Council Member Carter I Vice Mayor Smith to approve the recommendation. Roll Call Vote: 4 -1 (Asbaugh opposed). Motion carried. C4. EQUIPMENT SURPLUS AND EXCHANGE. (GRIGSBY /KEAVNEY) RECOMMENDATION: 1) Authorize the surplus designation of the patch unit, Fleet Asset No. 1104 by trade -in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Section 405 -C. 2) Authorize transfer of funds received from the exchange of Asset No. 1104 from the Fleet Replacement Fund (410) to General Fund Street Maintenance operating budget to support the purchase of needed equipment. ' ACTION: Approved by Consent Calendar Vote. city council meetinc, minutes Tuesday, February 19, 2013 Page 5 PUBLIC HEARINGS AND BUSINESS ITEMS Vice Mayor Smith recused herself from items PH1 and PH2 due to her residential proximity to the projects. She left the dais at 6:50pm. PHI. AMEND CONDITIONS OF VESTING TENTATIVE TRACT MAP 2342 RELATED TO PRADO ROAD (MOD/TR 134 -12). (JOHNSON /RICCI /BOCHUM — 45 MINUTES) Bochum presented the report and responded to Council questions. Mayor Marx opened the public hearing. Public Comments Stephen Peck, San Luis Obispo. Representing Mangano Homes, Inc. Thanked Staff for their hard work on this project and expressed his support of the project. Donald Hedrick, San Luis Obispo. Brought up his concerns regarding the project. I- -end of public comments- - Mayor Marx closed the public hearing. Council Member Ashbaugh noted that Finding 4 PH1 63 227 should read Broad Street; this was confirmed by Deputy Director of Public Works Bochum. ACTION: Motion by Council Member Carpenter / Council Member Carter to: Adopt the attached Resolution No. 10423 (2013 Series), (with a correction on Findings 4 to read South Higuera and Broad Street) which approves certain modifications to project conditions, based on findings. Roll Call Vote: 4 - 0 (Vice Mayor Smith recused) Motion Carried. PH2. MARGARITA AREA IMPACT FEE CREDIT AGREEMENT FOR PRADO ROAD EXTENSION. (JOHNSON /GRIGSBY /BOCHUM — 45 MINUTES) Community Development Director Johnson and Deputy Director of Public Works Bochum, presented the report and responded to Council questions. IMayor Marx opened the public hearing. city council meetinG minutes Tuesday, February 19, 2013 Page 6 Public Comments Stephen Peck, San Luis Obispo. Mangano Homes, Inc. Spoke in regard to the positive aspects of the project. Donald Hedrick, San Luis Obispo. Spoke in regard to the creeks in the project area. Steve Del Martini, San Luis Obispo. Spoke regarding the development. Mila Vuiavich- LaBarre, San Luis Obispo. Requested a supplemental EIR for the Damon Garcia sports field. She quoted an e-mail from Wendy George which referred to the fact that the sports field was exempt from an EIR. Derek Johnson responded to her comments and their relevance to the project under review. Rosemary Wilvert, San Luis Obispo. Requested that a supplemental EIR concerning the northern alignment and the Damon Garcia sports field - -end of public comments -- Mayor Marx closed the public hearing. Council Member Ashbaugh requested clarification of PH2 -15, figures in paragragh T. Derek Johnson responded. In addition, Council Member Ashbaugh requested a correction on PH2 -17 HH Highway 227 should be changed to Broad Street. Council Member Carter spoke in regard to the 1994 expansion plan and how this project remains part of this. He referred to the Measure H election being the vote of the people of the City; the measure failed. The Prado Rd area has been studied very thoroughly, ACTION: Motion by Council Member Carter / Council Member Carpenter to: 1) Approve a Reimbursement and Impact Fee Credit Agreement with Rescal LLC. for the purpose of reimbursing and crediting costs for the construction and oversizing of Prado Road improvements consistent with the Margarita Area Specific Plan and Resolution No. 9776 and the corresponding conditions of Vesting Tentative Tract Map No. 2342. 2) Adopt Resolution No. 10424 (2013 Series ) authorizing the Finance and Information Technology Director to cause an interfund loan for the purposes of constructing a portion of Prado Road (with change to page 17). Roll Call Vote: 4 - 0 (Vice Mayor Smith recused) Motion Carried. The Council took a recess from 8:05pm- 8:15pm. Vice Mayor Smith returned to the Dais. H_ city council meetmc minutes Page 7 Tuesday, February 19, 2013 '131. 2012 -13 MID -YEAR BUDGET REVIEW. (LICHTIG /PADILLA – 60 MINUTES) City Manager Lichtiq, Interim Director of Finance & Information Technology Padilla, and Financial Analyst McClure presented the report and responded to Council questions. Public Comments Donald E..,HedHcK San. Luis Obispo. Spoke of his concerns regarding investment policies;,.._ ---end of public comments - Courial:- MamSer- Ashbaugh asked questions regarding to JPIA; their representative responded: - -_.. RECOMMENDATION: 1) Review and discuss the City's financial condition and status of Major City goals at the mid -point of 2012 -13. 2) Approve revenue and expenditure changes presented in the accompanying Mid -Year Budget Review document. ACTION: Motion by Council Member Carter / Council Member Ashbaugh to t 1) Consider the Mid -Year Requests and identify those that are approved for implementation and 2) Approve the "Revised Projection" values shown in the Mid -Year Budget Review as the revised budget along with the values from the Mid -Year Requests. Roll Call Vote: 5 – 0 Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received: Vice Mayor Smith and Mayor Manx distributed written Liaison Reports. Communications: Council Member Ashbaugh responded to public comments made by Gary Fowler and his referral to the US Attorney and IRS Investigations. Council Member Ashbaugh spoke as the Council Representative on the CAPSLO Board and stated that he would respond to anyone with questions regarding the CAPSLO program. Vice Mayor Smith commented on news stories she viewed when she was back east; homelessness was a top story. city council mcctinG minutes Tuesday, February 19, 2013 Page 8 Mayor Manx announced the Special Meeting regarding the potential Special Municipal Election will be held on Wednesday, February 20, 2013 at 9:OOam. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:40 p.m. Buz_ Maeve Kenn &y Grimes City Clerk APPROVED BY COUNCIL: 03/05/13 1 1