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HomeMy WebLinkAbout03/03/2009MINUTES 1 SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 3, 2009 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 6:00 P.M. - SPECIAL MEETING ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Manx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CONSENT AGENDA ' Consent Agenda Items C3 and C5 were pulled for discussion. Council Member Marx stated that she would abstain on item C1 as it was not clear whether a mobile home which she owns within the park is within the 500 -foot radius of the project. Mayor Romero stated that he would abstain on item C2 because the project is within the vicinity of his residence. ACTION: Moved by Settle /Carter to approve items C1, C2, and C4 of the Consent Agenda as indicated below. C1. THIRD PARTY REIMBURSEMENT AGREEMENT WITH CHEVRON. ACTION: Moved by Settle /Carter to: 1. Approve a Third Party Reimbursement Agreement with Chevron to create financial information associated with the development of property owned by Chevron in the Airport Area. 2. Appropriate $21,000 from the Airport Area Impact Fee Fund to cover the cost of consultant services to update the Airport Area Specific Plan financing plan; motion carried 4:0:1 (Marx abstaining). 1 City Council Meeting Tuesday, March 3, 2009 C2. Page 2 ACTION: Moved by Settle /Carter to adopt Resolution No. 10061 (2009 Series) accepting the public improvements, certifying completion of the required private improvements, and reducing the outstanding sureties for Tract 2570; motion carried 4:0:1 (Romero abstaining). Item C3 was pulled for discussion. C3. APPROVAL OF PUBLIC ART FOR BUENA VISTA AT MONTEREY ROAD REALIGNMENT PROJECT. CAO Hamoian explained why staff believes it is important that this project should proceed at this time. The following speakers, while not opposed to the art, objected to its proposed location: Gary Fowler, San Luis Obispo Pragna Patel, owner of the Days Inn The following speakers spoke in support of the proposal: Ken Schwartz, San Luis Obispo Pierre Rademaker, San Luis Obispo Sandra Rowley, San Luis Obispo, opposed the project because of its cost. Council discussion ensued, during which staff responded to questions regarding the funding of public art projects and why it was determined that the proposed location for this project was appropriate. Staff also confirmed that this project could be completed without the use of general fund monies. Vice Mayor Settle stated for the record that he opposed the timing of this project, preferring to defer its approval until after the 2009 -11 City budget has been presented. Mayor Romero opposed the location of the project because of traffic concerns. f� 1 ACTION: Moved by Carter /Ashbaugh to approve the following recommendations on the condition that only "private" funds (i.e., from the art in -lieu program) be used for this project: 1. As recommended by the Public Art Jury and the Architectural Review Commission (ARC), approve the public art piece entitled Bequest for the road realignment project at Buena Vista at Monterey streets using only private funds. 2. Authorize the City Manager to execute an agreement with the artist for $88,000 for ' completion of the project; motion carried 3:2 (Romero/Settle opposed). City Council Meeting Page 3 Tuesday, March 3, 2009 C4. MARKETING SERVICES CONTRACT FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT. ACTION: Moved by Settle /Carter to: 1. As recommended by the Tourism Business Improvement District (TBID) Board, award the contract for Marketing Services of the TBID (Specification No. 90895) to Level Studios. 2. Authorize the Mayor to execute the contract; motion carried 5:0. Item C5 was pulled for discussion. C5. 2009 -11 CULTURAL ACTIVITIES GRANTS -IN -AID FUNDING. A brief discussion ensued during which Promotional Coordinating Committee (PCC) Chairperson Kate Norton and Finance and Information Technology Director Statler responded to questions regarding funding provided by the Tourism Business Improvement District (TBID), the tiered approach to the grant criteria, and Council's ability to fund a lesser amount in the context of the 2009 -11 budget process. ACTION: Moved by Carter /Settle to, as recommended by the Promotional Coordinating Committee (PCC): 1. Conceptually approve the 2009 -11 grants -in -aid (GIA) allocation for cultural, recreational, and social activities in the amount of $100,000 with final approval of the exact amount as part of the adoption of the 2009 -11 Financial Plan. 2. t Approve opening the grant cycle on March 4, 2009, and advertise grant availability. 3. Approve a new tiered approach to the grant criteria to better assess applications and encourage collaboration and event presence for San Luis Obispo; motion carried 5:0. Council's approval included direction to the PCC to communicate with applicants that this is conceptual approval only and the $100,000 allocation may be reduced. Council further directed that the PCC should develop a priority ranking or banding of its recommendations to assist Council in making its final funding decisions. BUSINESS ITEMS The Agenda was reordered to consider B2 prior to item B1. 62. Finance and Information Technology Director Statler and Finance Manager Malicoat presented the agenda report and responded to questions. Public Comments None were forthcoming. ' ---end of public comments --- City Council Meeting Page 4 Tuesday, March 3, 2009 ACTION: Moved by Marx/Settle to: 1. Adopt Resolution No. 10062 (2009 Series) 1 approving the issuance of lease- revenue bonds to assist in financing the Public Safety Communications and Emergency Operations Center project. 2. Revise the project budget and funding sources downward based on favorable bid results; motion carried 5:0. The Capital Improvement Board meeting was called to order. 61. MEETING OF THE CAPITAL IMPROVEMENT BOARD. Finance and Information Technology Director Statler and Finance Manager Malicoat presented the agenda report and responded to questions. Public Comments No comments were forthcoming. - -end of public comments— ACTION: Moved by Settle /Marx to: 1. Approve minutes of meeting held on May 6, 2008. 2. Elect officers for the Capital Improvement Board (President and Vice President). 3. Adopt Resolution No. 10063 (2009 Series) approving the issuance of lease- revenue bonds to assist in financing the Public Safety Communications and Emergency Operations Center Project. 4. Adjourn to the next regular meeting; motion carried 5:0. B3. AD HOC PARKING FUND REVIEW COMMITTEE FINDINGS AND RECOMMENDATIONS. ACTION: Moved by Marx/Settle to continue this matter to the meeting of March 17. No further action was taken. The Special Meeting adioumed at 7:05 p.m. 7:00 P.M. - REGULAR MEETING The Regular meeting commenced at 7:05 p,m., with all Council Members present. A brief discussion followed regarding the order of agenda items. Council concurred to hear Public Comments at the end of the meeting in order to accommodate the number of people present to speak on the Public Hearing and Business items first. 1 City Council Meeting Page 5 Tuesday, March 3, 2009 I PH1. PUBLIC HEARING Housing Programs Manager Codron presented the agenda report and responded to questions. He explained that the staff has revised its 2009 CDBG funding recommendation based on.a $100,000 match offered by the Hind Foundation for the Railroad Museum (memo on file in the City Clerk's office). The staff recommendation for 2009 funding now concurs with the recommendation of the Human Relations Commission (HRC) to fund the Railroad Museum instead of the ADA curb ramps. He discussed the difference between staffs recommendation and the HRC recommendation with respect to funding reallocations. Mayor Romero opened the public hearing. At the inquiry of Council, a number of citizens raised their hands in support of the Railroad Museum. The following speakers discussed the merits of their grant applications: Edith Kahn, Executive Director of the Aids Support Network ' Brad LaRose, President of the SLO Railroad Museum Dee Torres, Economic Opportunity Commission Homeless Services Sharon Kuhlenschmidt, President of Board of Directors of Judson Terrace Homes Loretta Fairbrother, President of Judson Terrace Association Roger Jump, Administrator of Judson Terrace Homes (Kevin White, James Miller, and Patrick Germany came forward to speak at this time. However, the item on which they wanted to speak, C5, Cultural Activities Grants -in -Aid Funding, was heard at and acted on during the special meeting held at 6:00 p.m. Therefore, their comments were not received.) Mayor Romero closed the public hearing. Discussion ensued during which staff responded to questions regarding the feasibility of Judson Terrace Homes applying for assistance from the affordable housing fund for its termite treatment and rehabilitation project. ACTION: Moved by Ashbaugh /Carter to adopt Resolution No. 10064 (2009 Series). The motion modified funding to include the HRC recommendation of $100,000 for the Railroad Museum and to direct Judson Terrace Homes to apply to the City for affordable housing fund assistance for its termite treatment project (5:0). City Council Meeting Page 6 Tuesday, March 3, 2009 BUSINESS ITEMS B4. BINDING ARBITRATION ELECTION OPTIONS. t City Manager Hampian, City Attorney Lowell, and City Clerk Hooper presented the agenda report and responded to questions. Public Comments Frank Alvarado, Ivey Alvarado, and Melinda Alvarado, Arroyo Grande, acknowledged the life- saving services the Fire Department provided in saving Ivey's life. Throughout the public comment period, many speakers who opposed binding arbitration or supported a public opinion survey regarding this subject clarified that they placed a high value on the services public safety employees provide, but that they had fiscal concerns. The following speakers opposed binding arbitration. Dawn Phillips, San Luis Obispo Melinda Thomas, San Luis Obispo business owner (Ms. Thomas suggested a measure be placed on a ballot during a consolidated election.) Bill Almas, speaking as a San Luis Obispo resident (Mr. Almas suggested a measure be placed on the ballot for the November 2010 consolidated election.) ' The following speakers opposed binding arbitration, but supported conducting a public opinion survey before deciding whether to take this matter to the voters. Tim Williams, San Luis Obispo Erik Justesen, San Luis Obispo resident and business owner Tom Lebens, San Luis Obispo business owner and Chamber of Commerce President Thomas Lebens, San Luis Obispo Beth Lebens, San Luis Obispo Christine Mulholland, San Luis Obispo Dave Garth, representing the Chamber of Commerce Ermina Karim, representing the Chamber of Commerce The following speakers had differing viewpoints. Ron Malack suggested that there is a need for the binding arbitration process, but that either the citizens or the Council should make the final determination. Michelle Tasseff, San Luis Obispo resident and Santa Maria public safety employee asked Council to consider options 3, 4 and 5. City Council Meeting Page 7 Tuesday, March 3, 2009 Paul Brown, San Luis Obispo, supported tabling this matter until Council has more clarity on solutions to the current budget situation and including public safety unions in developing those solutions. Terri Main did not discuss her support or opposition of binding arbitration, but supported conducting a public opinion survey to enable voters to be more informed and then providing voters with an opportunity to vote on this matter. Wesley McCree discussed his qualifications to become an arbitrator, but said that because an arbitrator combines the power of a judge, jury and executive in one person, he decided not to become one as that is too much power to give one person. The following speakers opposed submitting a ballot measure to the vote_ rs on the subject of binding arbitration or taking further action on this matter. Gary Fowler, San Luis Obispo Erik. Baskin, President of Local Firefighers 3523 Matthew Blackstone, President of the SLO Police Officers Assembly Member Pedro Nava Jack O'Connell, San Luis Obispo (speaking as a resident), Steve Gonzalez, Member Board of Directors of Firefighters Local 3523 and Firefighter, read a letter of support from Congresswoman Lois Capps Jody Larson, Secretary of Local 3523 and Fire Captain/Paramedic, read a letter of support from Senator Abel Maldonado Mark Anselmi, Police Dispatcher Marilyn Venezuela, Executive Secretary- Treasurer of Tri- Counties Central Labor Council Len Swenson, Teamsters Local 381 Cory Black, read a letter of support from the SLO County -Democratic Party Robert Cuthbert, Public Safety Commission in Santa Barbara County and activist Chris.Mahon, representing the 2nd District of California Professional Firefighters and President of the Ventura County Firefighters Association. Fred Mills, former resident and current employee in San Luis Obispo Mike King, Vice President of Local 3523 and Firefighter Rik Grencik, Fire Captain Barbara Sims, Police employee —end of public comments— Council recess from 9:30 to 9:45 p.m., following which the meeting reconvened with all members present. Vice Mayor Settle spoke in support of taking this matter back to the voters. His concerns related to the fiscal state of the City and the fiduciary responsibility of the City Council. He asked Council to support directing staff to return with a report on holding either a stand -alone or consolidated election. City Council Meeting Page 8 Tuesday, March 3, 2009 Council Member Ashbaugh spoke in opposition to taking further action on this matter, particularly in light of the history of binding arbitration statewide and the impact and cost 1 to the voters if Council were to place this measure on a ballot. Council Member Carter made a detailed PowerPoint presentation (on file in the City Clerk's office) on the City's current fiscal crisis and the impacts of binding arbitration. He discussed his continuing opposition to binding arbitration, but said he was not prepared to take action at this time. Instead, he wanted to table this matter until April 14. While he discussed the need for all the unions to assist in resolving the City's fiscal crisis, he stressed the need for the Police, particularly, and the Fire unions to step forward. Council Member Marx explained why she supported option 1, taking no action, although she initially opposed binding arbitration in 2000. She suggested that taking this matter to the voters should be a grassroots effort and not a Council action. She concurred that all unions should be part of the process for identifying budget solutions. Mayor Romero discussed his opposition to binding arbitration in 2000, but explained why he would support tabling this matter and bringing it back to Council when there is clarity regarding the budget situation. He also concurred that the Police and Fire unions, particularly, should play a serious role in assisting the City in resolving its fiscal problems. Matt Blackstone and Erik Baskin assured Council that the Police and Fire unions are willing to come back to the table and discuss options and partner with the City on solving the current budget problems. Following a brief discussion, it was moved by Marx/Carter to take no action at this time and direct staff to work with all employee groups to help try to close the budget gap. In response to comments by Council Member Ashbaugh and Council Member Marx, with concurrence by Council Member Carter, the motion was amended to add the words "continue to" after "direct staff to." ACTION: Moved by Marx/Carter to take no action at this time but to direct staff to continue to work with all employee groups in an effort to close the budget gap (4:1, Settle opposed). PUBLIC COMMENT Dave Rodriguez, Northridge U.S. Census Office, discussed the 2010 census process and asked Council to place a proclamation on the next agenda declaring the City as a partner in the 2010 U.S. Census. Council directed Mr. Rodriguez to contact the City Clerk who will place the proclamation on an upcoFning agenda. City Council Meeting Page 9 Tuesday, March 3, 2009 Jules Rogoff, San Luis Obispo, submitted an article on neighborhood electric vehicles (on file in the City Clerk's office) and asked that a requirement be added to the City's zoning ordinance stipulating that a specific number of parking stations be installed with 110 volt parking.for hybrid /electric vehicles when the project includes construction of a parking lot. Council concurred that staff should look into this possibility, including liability exposure. COUNCIL LIAISON REPORTS Mayor Romero reported on the Nacimiento project meeting held on February 26. Council Member Manx reported on the February 26, 2030 Workshop organized by SLO Green Build which she and Vice Mayor Settle attended. She also reported on the February 27 Regional Transit Authority (RTA) meeting and said she will be attending a SLO Council of Govemments /RTA meeting on March 4. A brief discussion followed regarding SB 375 (Redesigning Communities to Reduce Greenhouse Gases) and Council Member Ashbaugh noted that he hopes to attend a workshop on this subject on May 7. Council Member Ashbaugh reported on the re- opening of the Mission last week. IV � COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:38. (/61�' /G( .t (-"I. 7 Audrey Hoopef ' City Clerk d APPROVED BY COUNCIL: 04107/09 1