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HomeMy WebLinkAbout12-06-2011, C1-MINUTESMEETING / AGEND A DATE /°z/b//iITEM #.0/._., MINUTE S REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, NOVEMBER 1, 2011 - 7 :00 P .M . COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Member s Present :Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vic e Mayor John Ashbaugh, and Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Elaina Cano, City Clerk, wer e present at Roll Call . Other staff members presented reports or responded to questions as indicated in the minutes . ----------------------------------------------------------------------------------------------------------------- PRESENTATION Mayor Marx presented a proclamation to 2012 Poet Laureate, Bonnie Young . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMEN T Gary Fowler, San Luis Obispo,spoke in opposition to a 5 :00 p .m . Council meeting start time and the Palm-Nipomo parking garage . Jody Frey, San Luis Obispo,spoke about Mayor Marx's participation with the "No o n Measure J" campaign . Mayor Marx stated that she participated in the "No on Measure J" campaign due to he r First Amendment right . Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding the Occup y SLO movement in front of the County Courthouse and the lack of public restrooms . Becky Jorgeson, Santa Margarita,spoke about the need for tent cities for the homeless . Bobby Jackson,agreed with the previous speaker and recommended that the City hel p find a solution for the homeless . C1-1 DRAFT City Council Meeting Page 2 Tuesday, November 1, 201 1 ----------------------------------------------------------------------------------------------------------------- CONSENT AGEND A CI .MINUTES . ACTION :Moved by Smith/Carter to waive oral reading and approve as presented ; motion carried 5 :0 . C2.ADOPTION OF AN ORDINANCE AMENDING CHAPTER 13 .08 OF TH E MUNICIPAL CODE RELATING TO INDUSTRIAL DISCHARGERS . ACTION :Moved by Smith/Carter to adopt Ordinance No .1570(2011 Series)whic h amends the Sewer Use Ordinance and Industrial Discharge Limits ; motion carried 5 :0 . C3.SIGNAL AND LIGHTING MAINTENANCE REQUEST FOR PROPOSALS . ACTION :Moved by Smith/Carter to : 1) Approve the Request for Proposals for Signa l and Lighting Maintenance services ; and 2) Authorize staff to advertise for proposals ; and 3) Authorize the City Manager to award a contract for on-call services ; motio n carried 5 :0 . C4.ECONOMIC DEVELOPMENT STRATEGIC PLAN REQUEST FO R PROPOSALS . ACTION :Moved by Smith/Carter to : 1) Approve the Request for Proposals (RFP) fo r consultant services for a five-year Economic Strategic Plan ; and 2) Authorize the Cit y Manager to award the contract if within the project budget of $50,000 ; motion carrie d 5 :0 . ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARING S 1 .FINAL DESIGN REVIEW OF THE REVISED GARDEN STREET TERRACE S MIXED-USE DEVELOPMENT PROJECT IN THE C-D AND C-D-H ZONE (AR C 124-06 ; 1119 GARDEN STREET AND ADJACENT PARCELS). Deputy Community Development Director Davidson introduced this item, followin g which Senior Planner Ricci presented the agenda report and responded to Counci l questions . Carol Florence, Garden Street SLO Partners, LP,spoke in support of the staff s recommendation and responded to Council questions and concerns . George Garcia, Garcia Architecutre & Design,spoke in support of the staff s recommendation and responded to Council questions . Mayor Marx opened the public hearing . C1-2 DRAFT City Council Meeting Page 3 Tuesday, November 1, 201 1 The following speakers spoke about their concerns regarding the design and/o r aesthetics of the project : Ivan Cliff, San Luis Obisp o Dixie Cliff, San Luis Obispo Donald E . Hedrick, San Luis Obispo David Brodie, San Luis Obisp o Allan Cooper, San Luis Obispo Save Our Downtown,recommended continuing th e project to review further . Elizabeth Thyne, San Luis Obisp o Diane Duenow, San Luis Obisp o Susan Pyburn, San Luis Obisp o Ginger Kamp, San Luis Obisp o Sara McEri, San Luis Obispo Save Our Downtow n Sandra Lakeman, San Luis Obisp o Pete Evans, San Luis Obisp o Linda Groover, San Luis Obispo,spoke about her concerns regarding the model an d recommended the Council defer the project until there is a colored model . Elisabeth Abrahams, San Luis Obisp o Joseph Abrahams, San Luis Obisp o Jim Duenow, San Luis Obisp o Jody Frey, San Luis Obisp o Deborah Cash, Executive Director of the San Luis Obispo Downtown Association,spok e in support of staffs recommendation . Vicente Del Rio, San Luis Obispo,spoke in support of the overall project but did hav e some concerns with the design . C1-3 DRAFT City Council Meeting Page 4 Tuesday, November 1, 201 1 Richard Stephens, San Luis Obispo Downtown Business Owner,spoke in support of th e project but stated that there should also be improvements to Garden Alley included . Tom Swem, San Luis Obispo spoke in support of the project . Council recessed at 9 :15 p .m . and reconvened at 9 :30 p .m . with all members present . Mr . Blomfield, San Luis Obispo,spoke in support of the project . Jon Seitz, Grover Beach,spoke in support of the project with conditions and referred to a statement he submitted to the Council at the meeting and on file with the original agend a report . Mike McNamara, San Luis Obispo,spoke in support of the project, stated his concern s regarding the loss of parking and requested his business (742 Marsh Street) be exemp t from parking in lieu fees . Mr. McNamara responded to Council questions . Anthony Palazzo, Architectural Review Commissioner,spoke in support of staff s recommendation . Marianne Orme, Owner of Linnea's Cafe,spoke in support of staffs recommendation an d also suggested improvements to Garden Alley. Jacob Brandt, did not speak . Gary Fowler, San Luis Obispo, did not speak . Russ Brown, San Luis Obispo,spoke in support of the project but did have som e concerns with the colors of the buildings . Paul Neel, San Luis Obispo,spoke in support of the project . Thomas Fowler, San Luis Obispo,spoke in support of the project . Courtney Kienow, San Luis Obispo Chamber of Commerce,spoke in support of th e concept of the project as it relates to the Chamber's Economic Vision document . However, Ms . Kienow stated that they do not take a position regarding architecture . Erik Justesen, San Luis Obispo,spoke in support of staffs recommendation . Hamish Marshall, Garden Street Terraces, LP,spoke about the process and in support of staffs recommendation . Mayor Marx closed the public hearing . C1-4 DRAFT City Council Meeting Page 5 Tuesday, November 1, 201 1 Council discussion ensued during which they suggested revisions to Conditions 1, 16 ,18, and 28 . Council Member Smith spoke about her concerns regarding the loss of parking spaces , the design and aesthetics of the project, the future cost for purchasing the condominiums , and the compatibility of the uses to the surrounding businesses . Ms . Smith expressed her approval of Garden Street Terraces, LP and their open communication with Save Ou rDowntown. ACTION :Moved by Carter/Ashbaugh,as recommended by the Cultural Heritag e Committee (CHC) and Architectural Review Commission (ARC), to adopt Resolutio n No . 10312 (2011 Series)granting final approval of the revised project design, based o n findings, including a finding acknowledging the review and acceptance of the Addendu m to the Final EIR, with revisions to Condition 1, 16, 18 and 28 ; motion carried 4 :1, (Smit hopposed). 2 .MASTER FEE SCHEDULE UPDATE . Interim Director of Finance & Information Technology Bradley introduced this item ,following which Chief Building Official Girvin presented the agenda report an d responded to Council questions . Mayor Marx opened the public hearing . Kevin Rice, San Luis Obispo,spoke in opposition to higher fees . Mayor Marx closed the public hearing . ACTION :Moved by Carter/Ashbaugh to adopt Resolution No . 10313 (2011 Series)a s amended, to include rain water harvesting on the reduced permit fee list ; (4 :1 , Carpenter opposed). ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORT S Vice Mayor Ashbaugh referenced his Council Liaison Report he submitted prior to th emeeting. ----------------------------------------------------------------------------------------------------------------- COMMUNICATION S City Clerk Cano provided Council with an update regarding the upcoming Specia l Election . Mayor Marx announced current Advisory Body vacancies . C1-5 DRAFT City Council Meeting Page 6 Tuesday, November 1, 201 1 ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourned the meeting on November 2, 2011, at 12 :09 a .m . Elaina Cano, CM C City Cler k APPROVED BY COUNCIL : xx/xx/11 C1-6 DRAFT MINUTE S SPECIAL MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O MONDAY, NOVEMBER 7, 2011 — 1 :30 P .M . COMMUNITY FOUNDATION, 550 DANA STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Member s Present :Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vic e Mayor John Ashbaugh, and Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, and Michae l Codron, Assistant City Manager, were present at Roll Call . PUBLIC COMMENT There was no public commen t --------------------------------------------------------------------------------------------------------------- TRAININ G A training session was provided for Council and staff by Mary Egan and John Shannon . Topics included governing body performance, expectations, the appointed official s evaluation process and Council policies and procedures . There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 4:30 p .m . Elaina Cano, CM C City Clerk APPROVED BY COUNCIL : xx/xx/11 C1-7 DRAFT MINUTE S MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, NOVEMBER 15, 201 1 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A 6 :00 P .M . — SPECIAL MEETING — COUNCIL HEARING ROO M ROLL CALL : Council Member s Present :Council Members Dan Carpenter, Andrew Carter and Kathy Smith an d Mayor Jan Mar x Vice Mayor John Ashbaugh was present for the CONFERENCE WITH LABO R NEGOTIATORS and CONFERENCE WITH LEGAL COUNSEL —Existing Litigation . M r Ashbaugh was not present during the CONFERENCE REGARDING PROPERT Y NEGOTIATIONS due to a conflict of interest . City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Elaina Cano, City Clerk, wer e present at Roll Call . Other staff members presented reports or responde d to questions as indicated in the minutes . ----------------------------------------------------------------------------------------------------------------- ANNOUNCEMENT OF CLOSED SESSION TOPIC S City Attorney Dietrick announced the following Closed Session topics . CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators :Monica Irons, Katie Lichtig, Michael Codron, J . Christine Dietrick, Andrea S . Visveshwar a Employee Organizations :San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA), Police Staff Officers' Association (SLOPSOA), Fire Battalion Chiefs' Association an d San Luis Obispo City Firefighters, Local 352 3 Unrepresented Employees :Confidential Employees, Unrepresented Managemen t Employee s CONFERENCE REGARDING PROPERTY NEGOTIATION S Pursuant to Government Code § 54956 .8 Property :APN's 002-416-034 and 002-416-02 9 Negotiating Parties : C1-8 DRAFT City Council Meetin g Tuesday, November 15, 201 1 City of San Luis Obispo :Katie Lichtig, Michael Codron, J . Christine Dietrick Page 2 San Luis Obispo Court Street, LL C (aka San Luis Obispo Chinatown, LLC):Tom Copeland, Suzanne Fryer, Mar k Rawso n Negotiations :Direction as to terms of payment o n Option to Purchase Real Propert y Agreemen t CONFERENCE WITH LEGAL COUNSEL —Existing Litigatio n Pursuant to Government Code § 54956 .9 San Luis Obispo Police Officers Association v. City of San Luis Obisp o Public Employment Relations Board, Tracking No . 3938I822U13 7 PUBLIC COMMENT ON CLOSED SESSION ITEM S Mayor Marx called for public comments . None were forthcoming and the meetin g adjourned to the Closed Session . CLOSED SESSION REPOR T City Attorney Dietrick reported on the Closed Session at the commencement of the 7 :00 p .m . Regular Meeting . The Closed Session adjourned at 7 :05 p .m . ----------------------------------------------------------------------------------------------------------------- 7 :00 P .M . — REGULAR MEETING — COUNCIL CHAMBE R Mayor Marx called the Regular Meeting to order at 7 :07 p .m . All Council Members wer e present . ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPOR T City Attorney Dietrick reported that Council met in Closed Session to discuss Labo r Negotiations, Property Negotiations, and Existing Litigation as indicated above . N ofurther reportable action was taken . ----------------------------------------------------------------------------------------------------------------- INTRODUCTION S City Manager Lichtig introduced the new Finance and Information Technology Director ,Charles Bourbeau,and the new Community Development Director,Derek Johnson . C1-9 DRAFT City Council Meeting Page 3 Tuesday, November 15, 201 1 ----------------------------------------------------------------------------------------------------------------- PRESENTATIO N Chief of Police Linden and Sergeant Amoroso gave a presentation on City employe e"Movember" efforts . ----------------------------------------------------------------------------------------------------------------- APPOINTMENT , Al .APPOINTMENT TO THE PARKS AND RECREATION COMMISSION . ACTION :Moved by Carpenter/Ashbaugh to appoint Susan Updegrove to the Park s and Recreation Commission to fill an unscheduled vacancy with a term ending Marc h31, 2013 ; motion carried 5 :0 . Moved by Carter/Smith to move Public Hearing Item 1 to the December 6, 2011 , Council meeting . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMEN T Becky Jorgeson, San Luis Obispo,spoke about creating a "Dignity Village" in the City o f San Luis Obispo and her concerns with the homeless population . Cory Wilson,concurred with the prior speaker . Steve Barasch, San Luis Obispo,spoke about his concerns regarding the Master Fe e Schedule . Gary Fowler, San Luis Obispo,commended Council for appointing Mr . Bourbeau an d stated his concern regarding a sewer line under Nacimiento Lake . By consensus, Council directed staff to create a follow-up memo regarding Mr . Fowler's concerns . Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding homelessness . Jody Frey, San Luis Obispo,spoke about her concerns regarding the outdoor smokin g ban . Will Powers, San Luis Obispo,spoke about his concerns regarding evaluations for Cit y staff. Lee Ferrero, Los Osos,spoke about National Alzheimer's Month . Austin Perlak,spoke about his concerns regarding the maintenance in the downtow n area . C1-10 DRAFT City Council Meeting Page 4 Tuesday, November 15, 201 1 Ivan Cliff, San Luis Obispo,stated his concern regarding the cost for downtow n maintenance . Council Member Smith explained that although HSOC have discussed safe parking lots , there have been no recent discussions regarding "Dignity Cities ." ----------------------------------------------------------------------------------------------------------------- CONSENT AGEND A Public Comment : Paul Allen, San Luis Obispo,spoke in opposition to Item C2 staffs recommendation . Jody Frey, San Luis Obispo,spoke about her concerns regarding Items C2, C3 and C5 . Council discussion ensued regarding Item C3 .Parks and Recreation Director Stanwyc k responded to Council's questions and concerns . Council Member Carter clarified the Council compensation waiver requests . Cl .MINUTES . ACTION : Moved by Ashbaugh/Carter to waive oral reading and approve as presented ; motion carried 5 :0 . C2.MIDHIGUERA REHABILITATION, SPECIFICATION NO . 90073 . ACTION :Moved by Ashbaugh/Carter to : 1) Approve plans and specifications for th e Mid Higuera Rehabilitation Project, Specification No . 90073 ; 2) Approve the transfer o f $27,500 from various Utilities Master accounts to the Mid Higuera Rehabilitation projec t account : $16,500 from the Water Distribution System Improvements Master accoun t and $11,000 from the Collection System Improvements Master account ; and 3 ) Authorize staff to advertise for bids and authorize the City Manager to award th e contract if the lowest responsible bid is within the Engineer's Estimate of $565,000 ; motion carried 5 :0 . C3.APPROVAL OF PUBLIC ART FOR THE MEADOW PARK COMMUNIT Y GARDENS . ACTION :Moved by Ashbaugh/Carter to : 1) As recommended by the Public Art Jur y and the Architectural Review Commission (ARC), approve the public art piece entitle d Roots of Community for the community gardens in Meadow Park ; and 2) Authorize th e City Manager to execute an agreement with the artist for $65,000 for completion of th e project ; motion carried 5 :0 . C4.REQUEST FOR PROPOSALS FOR CREDIT CARD CAPABLE PARKIN G METERS AND SERVICE CONTRACT, PROPOSAL NO . 91137 . C1-11 DRAFT City Council Meeting Page 5 Tuesday, November 15, 201 1 ACTION :Moved by Ashbaugh/Carter to authorize staff to advertise Request fo r Proposals (RFP) for purchase and on-going service of 400 credit card capable parkin g meters, and authorize the City Manager to award the contract if the lowest responsibl e bid is within the 2011-12 budgeted amounts ; motion carried 5 :0 . C5 .CITY COUNCIL COMPENSATION WAIVER REQUESTS . ACTION :Moved by Ashbaugh/Carter to adopt Resolution No . 10314 (2011 Series):1 ) Endorsing waivers by the Mayor and all Council Members receiving the benefit of th e 8% employer paid member contribution (EPMC) paid by the City on behalf of the Mayo r and participating Council Members to the Public Employees Retirement Syste m (PERS); and 2) Endorsing monthly salary waiver requests by Council Member s Ashbaugh, Carter and Smith, resulting in a reduction in monthly compensation fro m $1,000 per month to $949 per month, effective the first full payroll period in Januar y 2012, through the remainder of the terms of office of each Council Member ; motio n carried 5 :0 . ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARING S 1.REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17 : ZONIN G REGULATIONS AND REVIEW OF AMENDMENTS TO THE ACCESS AN D PARKING MANAGEMENT PLAN . ACTION :Moved by Carter/Smith to move item Public Hearing Item 1 REVIEW O F AMENDMENTS TO MUNICIPAL CODE TITLE 17 : ZONING REGULATIONS AN D REVIEW OF AMENDMENTS TO THE ACCESS AND PARKING MANAGEMENT PLA N to the December 6, 2011, Council meeting . ----------------------------------------------------------------------------------------------------------------- BUSINESS ITEM S 2.DOWNTOWN MAINTENANCE AND BEAUTIFICATION, SPECIFICATION NO . 90979A . Deputy Director of Public Works Lynch introduced this item, following which Senior Civi l Engineer Fraser presented the agenda report and responded to Council questions . Public Comment s David Brodie, San Luis Obispo,spoke in support of staffs recommendation . Jody Frey, San Luis Obispo,spoke about her concerns regarding the cost of the project . Deborah Cash, SLO Downtown Association Executive Director,spoke in support of staff s recommendation and responded to Council questions . C1-12 DRAFT City Council Meeting Page 6 Tuesday, November 15, 201 1 Courtney Kienow, SLO Chamber Commerce,spoke in support of staffs recommendation . Donna Lewis, San Luis Obispo,spoke in support of staffs recommendation . Paul Rys, San Luis Obispo,spoke about his concerns regarding the lack of lighting in th e downtown area . Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding the missio n style sidewalks and the lack of lighting . Will Powers, San Luis Obispo,spoke about his concerns regarding the Public Work s Department staff. ---end of public comments--- Council recessed at 9 :10 p .m . and reconvened at 9 :20 p .m . with all members present . Council discussion ensued during which they discussed the importance of additiona l lighting in the downtown, increased costs for the project, comparison o f daytime/nighttime construction, and future funding for additional blocks . Moved by Smith to cancel the project and reject all bids . Motion failed due to lack of a second . Moved by Carter to reject bids and down-scale the project as stated in Alternative 1 . Motion failed due to a lack of a second . Moved by Ashbaugh/Marx to : 1) Award a contract to John Madonna Construction Co . of San Luis Obispo for the Base Bid in the amount of $666,446 .80 for construction o f the Downtown Maintenance and Beautification Project, Specification No . 90979A ; 2 ) Approve transfers in the amount of $34,913 from the CIP Reserves account an d $19,000 from the CIP Completed Projects account to the project's construction accoun t to support construction costs ; and 3) Appropriate $121,000 from the unreserve d balance of the General Fund to the project's construction account to suppor t construction costs ; motion failed 2 :3 (Carpenter/Carter/Smith opposed). ACTION : Moved by Carpenter/Marx to accept bid, except liaison and attempt to backfil l shortfall from downscaling/elimination of other approved CIP projects (3 :2 Carter/Smit h opposed). 3 .UPDATE ON ALCOHOL OUTLET PUBLIC SAFETY STRATEGIES . Chief of Police Linden and Community Development Deputy Director Davidso n presented the agenda report and responded to Council questions . C1-13 DRAFT City Council Meeting Page 7 Tuesday, November 15, 201 1 Public Comment s Steve Tolley, Arroyo Grande Safe Night Life Association Coordinator,spoke in support o f staffs recommendation and encouraged continued partnership with the City . Barbara Lawrence, Morro Bay,stated that she would like to participate in the task forc e and mentioned other resources that may be available . Deborah Cash, SLO Downtown Association,spoke about the importance of lighting in th e downtown and spoke in support of staffs recommendation . Mike Linn, SLO Safe Ride,spoke in support of staffs recommendation and of hi s concerns regarding the safety and security of the bar patrons and neighborhoods . Hamish Marshall, WestPac,spoke in support of staffs recommendation . Sandra Rowley, Residents for Quality Neighborhoods,spoke in support of the staff s recommendation with a stipulation that RQN is included as stakeholders an d recommended Council not include the link to the Neighborhood Wellness Major City Goal . Courtney Kienow, SLO Chamber of Commerce,spoke in support of staff s recommendation . ---end of public comments--- ACTION :Moved by Ashbaugh/Smith to endorse an action plan and regulator y approach to reduce public safety problems associated with alcohol outlets . (5 :0). Council expressed consensus to focus Neighborhood Services Specialists t o neighborhood enhancement ordinance enforcement . ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Council Member Smith reported on her attendance at the Community Academ y Graduation . Council discussion ensued regarding the mock City Council meeting of th e Community Academy attendees where discussed the closure of the "Broad Street dog - leg" project . By consensus, Council requested that staff provide them with a memo of th e history of the project . Vice Mayor Ashbaugh announced that May 2012 will be the 60th celebration of City Hall . Mayor Marx reported that she will be participating in the Police Chief interviews . Ms . Marx announced that there is a City of San Luis Obispo Open Space fund at the Communit y Foundation . C1-14 DRAFT City Council Meeting Page 8 Tuesday, November 15, 201 1 ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting on November 16, 2011, at 12 :07 am . Elaina Cano, CM C City Cler k APPROVED BY COUNCIL : xx/xx/11 C1-15 DRAFT