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HomeMy WebLinkAbout07/15/2014minutes city of san Luis oBispo REGULAR MEETING OF THE CITY COUNCIL Tuesday, July 15, 2014 Regular Meeting — 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 15, 2014 at 6:00 p.m. in the City 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 t Council 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. PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick announced that the closed session was cancelled earlier today. INTRODUCTION OF NEW HIRES A. JON ANSOLABEHERE, ASSISTANT CITY ATTORNEY 1 City Attorney Dietrick introduced Assistant City Attorney Jon Ansolabehere as a new hire. City Council Meeting Minutes — July 15, 2014 Page 2 B. ISAAC SHUCK, FLEET MAINTENANCE SUPERVISOR Public Works Director Grigsby introduced Fleet Maintenance Supervisor Isaac 0 Shuck as a new hire. APPOINTMENTS Al. APPOINTMENT TO THE 2014 -2015 CAL POLY CAMPUS PLANNING COMMITTEE Following discussion, MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5 -0, to appoint Council Member Ashbaugh to represent the City Council and City of San Luis Obispo on the 2014 -2015 Cal Poly Campus Planning Committee. PUBLIC COMMENT Judy Mahan, Director of SLO Hot House, expressed gratitude for the City for its support of the SLO Hot House; advised that the program is assisting 60 entrepreneurs to expand and develop new head of household positions. Donald Hedrick, San Luis Obispo, voiced concern that development is diminishing the City's viewshed; addressed the importance of election integrity and preservation of constitutional rights. Jeffery Specht, San Luis Obispo, voiced opposition to the City's prohibition on overnight sleeping in vehicles; stated that the City of Los Angeles has determined that such activities are not illegal. Eric Veium, San Luis Obispo, invited the community to attend a workshop on Community Choice Aggregation scheduled for July 24, 2014 at the Library; advised that Mr. Steelman will be available for an in -depth discussion on the subject with Council or staff. The following individuals addressed Council to urge that the City agendize consideration of providing financial support for the Pismo Preserve: Christine Harvey, Pismo Beach Kaila Dettman, Executive Director San Luis Obispo Land Conservancy Wende David, San Luis Obispo Land Conservancy Daniel Bohlman, San Luis Obispo Land Conservancy O 1 1 1 City Council Meeting Minutes — July 15, 2014 Penny Rappa, Avila Beach Rob DeGraff, San Luis Obispo Land Conservancy Michelle Tasseff, San Luis Obispo Christopher Helenius, San Luis Obispo Land Conservancy Herb Kandel, San Luis Obispo Land Conservancy Page 3 By Council consensus, Council directed staff to agendize consideration of the Pismo Preserve for August 19, 2014. CONSENT AGENDA Pete Evans, San Luis Obispo, asserted that the proposed amendments to Title 17 related to bedroom definitions and regulations for guest quarters (Item C4) are burdensome and unnecessary. Jessica Holada, representing Cal Poly Kennedy Library, voiced support for the donation of police ledgers (Item C6) to the library; noted that the library will achieve, digitize, and protect the documents. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETING OF JUNE 10, 2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve the Minutes of the City Council meeting of June 10, 2014. City Council Meeting Minutes — July 15, 2014 Page 4 C3. APPROVAL OF WORLD TRADE CENTER MEMORIAL PUBLIC ART DESIGN AND PUBLIC ART CONTRACT - SPECIFICATION NO. 91018 Council Member Ashbaugh noted for the record that he has concerns regarding the necessity of removing the tree for the World Trade Center Memorial Public Art; it was noted that the Tree Committee will consider the tree removal at a future meeting. C4. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Conceptually approve the public art design "Standing Tall" for the City of San Luis Obispo World Trade Center Memorial public art project for the City's Emergency Dispatch Communications Center and Fire Station No. 1 located at 2160 Santa Barbara Avenue. 2. Award a public art contract with Kathleen Caricof in the amount of $62,000 for the design, fabrication and installation of the World Trade Center Memorial public art project, Specification No. 91018. 3. Approve the use and transfer of Public Art Completed Projects funding in the amount of $16,350 to the World Trade Center Memorial projects' construction phase for site preparation. ORDINANCE ADOPTION - AMENDING MUNICIPAL CODE TITLE 17: ZONING 1 REGULATIONS, ASSOCIATED WITH THE BEDROOM DEFINITION, REGULATIONS FOR GUEST QUARTERS AND ACCESSORY STRUCTURES, AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Ordinance No. 1606 (2014 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo amending Title 17 (Zoning Regulations) of the Municipal Code associated with the bedroom definition, guest quarters and accessory structure regulations and zoning amendment initiations with a Categorical Exemption From Environmental Review (GPA 110 -14)." (Intro. on 7/1/14) C5. PARKING METER COIN COLLECTION SERVICES REQUEST FOR PROPOSAL - SPECIFICATION NO. 91291 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Authorize issuance of a Request for Proposal (RFP) for parking meter coin collection services. 2. Authorize the City Manager to execute an agreement of up to $57,300 to 1 perform parking meter coin collection services. City Council Meeting Minutes — July 15, 2014 Page 5 C6. GIFT OF HISTORICAL .POLICE LEDGERS TO CAL POLY KENNEDY LIBRARY SPECIAL COLLECTIONS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER SMITH VOTING NO), to authorize the transfer of ownership of thirty -six (36) ledgers from the Police Department to Cal Poly Kennedy Library - Special Collections for preservation and digitizing for public access. C7. CRIME PREVENTION MEDIA SERVICES REQUEST FOR PROPOSAL — SPECIFICATION NO. 91302 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Authorize the release of a Request for Proposal (RFP) for crime prevention and community outreach marketing services for Fiscal Year 2014 -2015 in an amount not to exceed $20,000, with the option to extend two additional years. (Specification No. 91302). 2. Authorize the City Manager to execute an agreement with the selected vendor. C8. REQUEST FOR QUALIFICATIONS - LAND. SURVEYING, ARCHITECTURE, CIVIL ENGINEERING, AND PROPERTY ACQUISITION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve the Request for Qualifications (RFQ) to provide: a. Land Surveying Services, Specification No. 100.50410.7227.LS b. Architecture Design Services, Specification No. 100.50410.7227.AD c. Civil Engineering Services, Specification No. 100.50410.7227.CE d. Property Acquisition Services, Specification No. 100.50410.7227.ROW 2. Authorize the City Manager to execute agreements with selected consulting firms. 3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contracts in an amount not -to- exceed the authorized project budget. City Council Meeting Minutes — July 15, 2014 Page 6 C9. AWARD OF CONTRACT FOR BOND AND DISCLOSURE COUNSEL SERVICES 1 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: Approve the agreement with Orrick, Herrington & Sutcliffe LLP for bond counsel and disclosure counsel services, with the stipulation that it shall be amended by the City Attorney to waive the requirement for elimination of the self- insured retention (SIR) and require the law firm to provide periodic access to its financial reports to ensure that it maintains resources sufficient to allow it to cover the SIR over the life of the agreement. 2. Authorize the City Manager to execute the agreement and subsequent amendments. C10. POLICE DEPARTMENT HVAC REPLACEMENT -SPECIFICATION NO. 91251 C11. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Award a contract to Smith Electric Service in the amount of $148,953 for the Police Department HVAC Replacement, Specification No. 91251. 2. Approve a transfer of $5,178 from the CIP Completed Projects account to the project account. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO, to adopt Ordinance No. 1604 (2014 Series) entitled "An Ordinance of the City Council and the people of the City of San Luis Obispo, California, amending Chapter 3.15 of the .Municipal Code to extend the existing `Essential Services Transactions (Sales) and Use Tax' for an additional eight years (March 31, 2023), to be administered by the State Board of Equalization; update the purpose statement; and provide for additional citizen oversight and accounting transparency." (Intro. on 7/1/14) 1 City Council Meeting Minutes — July 15, 2014 Page 7 C12. ORDINANCE ADOPTION - ESTABLISHING THE CITIZENS REVENUE ENHANCEMENT OVERSIGHT COMMISSION (REOC) MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Ordinance No. 1605 (2014 Series) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, establishing the Citizens' Revenue Enhancement Oversight Commission (REOC)." (Intro. on 7/1/14) PUBLIC HEARINGS 61. LAGUNA LAKE NATURAL RESERVE CONSERVATION PLAN - RESOLUTION Assistant City Manager Codron and Natural Resource Manager Hill narrated a presentation entitled "Laguna Lake Natural Reserve Conservation Plan" and responded to Council inquires. Mayor Marx opened the Public Hearing. Art Dickerson, San Luis Obispo, pointed out that the lake is a destination point for residents and visitors Jonathan Lindenthaler, San Luis Obispo, voiced support for the proposed plan 1 and urged Council approval; noted that recycled water is used for irrigation at the park site and that water could be diverted to fill the lake. Brett Cross, San Luis Obispo, voiced support for filling the lake with recycled water and recommended that Council approve the conservation plan; conveyed support for creating a camp ground to offset the costs of lake maintenance. David Miller, San Luis Obispo, expressed support for immediately dredging the lake and filling with fish. Gerald Craig, San Luis Obispo, voiced support for a community group to evaluate the permitting issues, lake restoration, and the possibility of establishing a financing district. Paul Bonjour, San Luis Obispo, urged Council to approve the proposed plan and to take immediate action to address the deferred maintenance of the lake. John Smigelski, San Luis Obispo, opined that residents near the lake are open to the possibility of an assessment for the restoration of the lake; opined that the lake is a regional resource and that the County should make financial contributions to its maintenance. 1 City Council Meeting Minutes — July 15, 2014 Page 8 Rob Davidson, San Luis Obispo, commended staff for its efforts to develop the subject plan; stressed the importance of addressing the ongoing maintenance 1 needs of the lake. Jan Simek, San Luis Obispo, suggested that a chemical analysis should be conducted on the dredging materials; voiced support for an assessment district to support the maintenance of the lake. Ralph Lewis, Atascadero, support the plan to enhance the lake area; improper to assess the property owners near the lake, opining that lake is an asset to the region. Don Green, San Luis Obispo, support the conservation plan; noted that property owners support the maintenance of the lake due to knowing the beauty of the lake on a daily basis; noted that views of the lake are blocked by overgrown vegetation; set in motion the implementation of the plan. Donald Hedrick, San Luis Obispo, properties benefiting to the diversion of the creek should be assessed; dredging of the lake should accomplish a 15 -20' depth; need to engineer the lake to make it deeper. Theo Jones, San Luis Obispo, urged Council to take action to improve the lake; noted that the lake is a city lake and is a city responsibility; no other community group that is assessed to maintain a natural resource. Jim Folly, San Luis Obispo, noted that there is alternative methods of dredging the lake and disposing of the spoils; stressed the need to take action to implement the project. Thomas Wheeler, San Luis Obispo, lake is a rare and valuable resource; important project. Gordon Mullin, San Luis Obispo, Council has an opportunity to take action to improve the lake; need support of the Council and community to take action. Ermina Gibson, San Luis Obispo, urged Council to take action and to improve and maintain the lake; City needs to fulfill the obligations of owning the lake. David Gibson, San Luis Obispo, noted that he used to fish and can now walk across the lake. KC Lim, San Luis Obispo, recalled fishing at the lake as a child; spoke on the potential for positive experiences for families and visitors; noted that properties around the lake pay more in taxes due to the higher property values. City Council Meeting Minutes — July 15, 2014 Page 9 There being no others desiring to speak on this item, the Public Hearing was 1 closed. RECESS Council recessed at 8:17 p.m. and reconvened at 8:35 p.m., with all Council Members present. In response to Council inquiries, Natural Resources Manager Hill spoke on the permitting challenges to dredging and utilizing recycled water to fill the lake; pointed out that Laguna Lake is critical habitat for several endangered /threatened plants and animals; advised that the City has previously taken soil samples and found that chemical compositions are consistent with natural sediment; explained that the plan includes trail accessibility improvements, but may not be compliant with the Americans with Disabilities Act. MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Adopt a Resolution No. 10547 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Laguna Lake Natural Reserve Conservation Plan and adopting a Negative Declaration." ' 2. Approve a Negative Declaration of environmental impact for the Project. B2. MEASURE Y CONTINGENCY PLAN AND IMPACT ANALYSIS Finance and Information Technology Director Padilla and Budget Manager Lamers narrated a presentation entitled "Measure Y Contingency Plan and Impact Analysis" and responded to Council inquires. Gordon Mullin, San Luis Obispo, voiced concern that it is not possible to identify specific programs that utilized Measure Y funds. Steve Barasch, San Luis Obispo, asserted that a majority of Measure Y funds cannot be attributed to a specific Capital Improvement Project and that operating costs have grown disproportionate to population growth. Council received and filed the update to the contingency planning process to address the possible loss of the half - percent sales tax (Measure Y) revenue stream and the presentation of an impact analysis resulting from a significant loss in revenue. I City Council Meeting Minutes — July 15, 2014 B3. HIGHLAND ENTRY MONUMENT Page 10 Director of Public Works Grigsby and Senior Civil Engineer Fraser narrated a presentation entitled "Highland Entry Monument" and responded to Council inquires. Donald Hedrick, San Luis Obispo, stated that the monument sign supports the City's historic nature and welcomes visitors and tourist. Gordon Mullin, San Luis Obispo, questioned, and received clarification that the proposed entry monument is approximately 37' by 20' and an estimated cost of $249,000. For the record, Council Member Smith noted that she does not support taking funding form the directional signage program to fund the subject monument sign. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 3 -2 (COUNCIL MEMBERS CARPENTER AND SMITH VOTING NO), to: 1. Approve funding transfers to the City Gateways project construction account totaling $125,000 as follows: a) $15,000 from the City Gateways design account. b) $55,000 from the Completed Projects account. c) $55,000 from the Directional Sign Program project accounts ($30,000 from design and $25,000 from construction) 2. Approve a $125,000 match, as requested by the San Luis Obispo Council of Governments, in support of construction of the Highland Entry Monument project. 3. Direct staff to return funds back to original accounts, in the event the Highland Entry Monument Project does not move forward or comes under budget. 4. Direct staff to submit Capital Improvement Project (CIP) Requests in the 2015 -17 budget process to replace the $55,000 Directional Sign Program funds. 1 J 1 City Council Meeting Minutes — July 15, 2014 Page 11 LIAISON REPORTS Council liaison reports were received from Council Members Ashbaugh and Smith and Mayor Marx. COUNCIL COMMUNICATIONS City Council, Mayor Marx and City Attorney Dietrick reported on the status of request to the Fair Political Practices Commission (FPPC) for conflict of interest determinations. ADJOURNMENT The City Council adjourned at 10:10 p.m., to a Special Meeting to be held on Tuesday, August 19, 2014 at 4:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. The Regular Meeting will commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California APPROVED BY COUNCIL: 08/19/14 Arfthony J. City Clerk 1 1 amen6ment to the minutes city of san luis omspo REGULAR MEETING OF THE CITY COUNCIL Tuesday, July 15, 2014 Regular Meeting — 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California PUBLIC HEARINGS 131. LAGUNA LAKE NATURAL RESERVE CONSERVATION PLAN - RESOLUTION John Smigelski, San Luis Obispo, opined that residents near the lake are open to the possibility of an assessment for the restoration of the lake; noted that residents near the lake already pay higher property taxes and any new assessments should take this into consideration; opined that the lake is a regional resource and that the County should make financial contributions to its maintenance. APPROVED BY COUNCIL: 09/02/14