HomeMy WebLinkAbout09-25-2012, C1- Correction MinutesGrimes, Armen
From:Mans, Jan
Sent Monday, September 24, 2012 2:23 P M
To:Grimes, Maev e
Subject :minutes correctio n
Page C1-10 top of page should read : "Mayor Marx pointed out that even though Council approves the overall budget, i t
has another chance to approve or disapprove individual projects as they come before Council ."
Thanks for the correction ,
Jan
Information from ESET Endpoint Antivirus, version of virus signature database 7512 (20120924 )
The message was checked by ESET Endpoint Antivirus .
http ://www.eset .com
COUNCIL MEETING :9/.?S//.z
t TTFM NO .:C/
Grimes, Maev e
From :Carter, Andre w
Sent Friday, September 21, 2012 3 :4S P M
To :Grimes, Maev e
Subject Correction to Minute s
On page C1-8, next to last paragraph . Please remove this sentence, "He hopes a long period of time is not spent on th e
CIP." That's not what I said or meant . What I was doing is explaining how we went back and forth by department doin g
Operating, then CIP, then NOBB's, then .... The preceding sentence expresses my thought adequately . This sentenc e
isn't necessary and only confuses things . Thanks .
Andrew Carte r
Council Membe r
City of San Luis Obisp o
Information from ESET Endpoint Antivirus,version of virus signature database 7510 (20120924 )
The message was checked by ESET Endpoint Antivirus .
http ://www .eset .com
1 COUNCIL MEETING :94SZ.
ITEM NO .:C—/
MINUTE S
SPECIAL AND REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, SEPTEMBER 4, 201 2
4 :30 P .M . SPECIAL MEETIN G
6 :00 P .M . REGULAR MEETIN G
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council Members
Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice
Mayor Dan Carpenter, and Mayor Jan Mar x
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk ,
were present at Roll Call . Other staff members presented reports o r
responded to questions as indicated in the minutes .
CLOSED SESSIO N
City Attorney Dietrick announced the following Closed Session Topics :
CONFERENCE REGARDING PROPERTY NEGOTIATION S
Pursuant to Government Code § 54956 .8
PROPERTY :APN 002-421-01 8
AGENCY NEGOTIATORS : City of San Luis Obispo : Katie Lichtig, J . Christine Dietrick ,
Claire Clark, Michael Codro n
NEGOTIATING PARTY: Quaglino Propertie s
NEGOTIATIONS :Request for exclusive negotiation s
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigatio n
Pursuant to Government Code § 54956 .9 (c)
One (1) potential case, CBS Outdoor Incorporate d
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigatio n
Pursuant to Government Code § 54956 .9 (b)(1 )
One (1) potential case, a title dispute over APNs 053-152-007 and 053-152-008, Call e
Joaquin open space parcel s
CONFERENCE REGARDING PROPERTY NEGOTIATION S
Pursuant to Government Code § 54956 .8
COUNCIL MEETING : 9/e5/2
ITEMNO .: ('-/
• City Council Meeting Minutes Page 2
September 4, 201 2
AGENCY NEGOTIATORS : City of San Luis Obispo : Katie Lichtig, J . Christine Dietrick,
Michael Codro n
NEGOTIATING PARTY : Gerald Weaver, on behalf of the Alice Carroll Trus t
NEGOTIATIONS :Title dispute overAPNs 053-152-007 and 053-152-008, Call e
Joaquin open space parcel s
PUBLIC COMMENT ON CLOSED SESSION ITEM :
City Attorney Dietrick called for public comments . None were heard and the Counci l
adjourned to the Closed Session .
All Council Members returned from Closed Session at 6 :00pm
REGULAR MEETING OF THE CITY COUNCI L
ROLL CALL :
Council Members
Present:Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
Mayor Dan Carpenter, and Mayor Jan Marx
City Staff
Present:Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk ,
were present at Roll Call . Other staff members presented reports o r
responded to questions as indicated in the minutes .
PLEDGE OF ALLEGIANC E
The Pledge was provided by Council Member Carpenter .
CLOSED SESSION REPOR T
City Attorney Dietrick announced the following reportable action from Closed Session .
CONFERENCE REGARDING PROPERTY NEGOTIATIONS -Quaglino Propertie s
ACTION :Motion Councilmember Carpenter/Councilmember Ashbaugh to authoriz e
staff to pursue an exclusive negotiating agreement with Quaglino Properties . 3-2 vot e
(Council Member Carter and Mayor Marx opposing). Motion Carried .
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigation - CBS Outdoo r
Incorporated
No reportable action on this matter .
City Council Meeting Minutes Page 3
September 4, 201 2
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigation - Calle Joaquin ope n
space parcels
No reportable action on this matter .
CONFERENCE REGARDING PROPERTY NEGOTIATIONS -Gerald Weaver, on behal f
of the Alice Carroll Trust
No reportable action on this matter .
INTRODUCTION S
The following introductions were received :
NEW HIRES -
Assistant City Manaqer Codron introduced new City Clerk Maeve Kennedy Grimes .
Director of Finance and IT introduced new Network Administrator Jason Dornish .
Interim Public Works Director introduced Caltrans District 5 Director, Tim Gubbins .
APPOINTMEN T
Al .APPOINTMENT TO THE HUMAN RELATIONS COMMISSION .
CONFIRM APPOINTMENT OF IVAN SIMON .
ACTION :Motion by Vice Mayor Carpenter /Councilmember Carter approving
appointment of Ivan Simon to the Human Relations Commission to fill an unscheduled
vacancy with a term ending March 31, 2015 . Roll Call vote : 5-0 . Motion Carried .
A2 .APPOINTMENT TO THE TOURISM BUSINESS IMPROVEMENT DISTRICT .
CONFIRM APPOINTMENT OF KIMBERLY WALKER .
ACTION :Motion by Councilmember Smith I Councilmember Ashbaugh approvin g
appointment of Kimberly Walker to the Tourism Business Improvement District
Committee to fill an unscheduled vacancy, term ending March 31, 2013 . Roll Call vote :
5-0 . Motion Carried .
PUBLIC COMMENT ITEMS NOT ON THE AGEND A
Lanyce Mills, San Luis Obispo, spoke on behalf of "Move to Amend" — and requeste d
that the City Council pass a resolution to overturn Citizens United Case .
Amir Burstein, San Luis Obispo, spoke on behalf of "Move to Amend" and requeste d
that the City Council pass a resolution regarding a constitutional amendment .
.City Council Meeting Minutes Page 4
September 4, 201 2
Rigo Diaz, San Luis Garbage Co . announced that Clean up Week will take plac e
September 17-21, 2012 . San Luis Garbage Co . will be providing a free community
service to single family residential customers on regular service days ; customers wit h
bulky items should call 543-0875 to arrange for pickup .
Dana Cummings, San Luis Obispo County Veterans Services Officer, spoke regardin g
Santa Barbara County Veterans Stand Down October 13, 2012 in Santa Maria Fairpark ;
Veterans will have access to services and benefits .
Sandy Agalos, Administrative Assistant to 5th District Supervisor Steve Lavagnino ,
spoke in support of Santa Barbara County Veterans Stand Down 2012 .
Karen Spease, Arroyo Grande, spoke in support of Move to Amend .
William Ostrander, San Luis Obispo, spoke in support of Move to Amend and urged th e
Council to place this matter on an upcoming agenda to adopt a resolution to hel p
restore democracy .
Carol Rowsemitt, San Luis Obispo, spoke in support of Move to Amend .
Bruce Silverberg, San Luis Obispo, spoke in support of Move to Amend .
Monica Barricarte, San Luis Obispo, spoke in support of Move to Amend and asked th e
Council to please review the resolution they wish to have passed .
Jerry Waidner spoke in favor of Move to Amend . He stated the Constitution is not
perfect and has been amended over time .
Kevin Rice, San Luis Obispo, introduced himself as a candidate for City Council . He
wants to be the voice and ears for members of the community . He announced tha t
Sept . 15 th is Coastal Cleanup Day 9-noon ; he will be at Oceano Dunes .
Steve Barasch, San Luis Obispo, stated he is pleased with flood management project s
and Carrie Mattingly's memo . He feels this will improve the condition of these drainag e
ways . He commended staff for pushing ahead for improvements . He suggested tha t
Council look at the City owned properties holistically and review excess propertie s
which could be sold .
Dr . Will Powers, San Luis Obispo, advised project applicants of vocabulary to use whe n
preparing applications .
—end of public comments
Council member Carter asked if the Council should discuss Move to Amend . Counci l
Member Smith made a motion to have the matter brought forward with a resolution .. City
• City Council Meeting Minutes Page 5
September 4, 201 2
Manager Lichtig stated Staff would prepare a resolution which it was agreed would com e
forward on the September 25, 2012 Agenda .
ACTION :Motion by Council Member Smith/Council Member Carpenter to have th e
matter brought forward with a resolution .. Roll Call vote : 4-1 (Council Member Carte r
opposed). Motion Carried .
CONSENT AGEND A
ACTION : Council Member Carter /Council Member Smith moved to approve th e
Consent Calendar Items Cl thru C6 . Roll Call Vote : 5-0 . Motion Carried .
Cl .MINUTES OF REGULAR MEETING AUGUST 7,2012 AND SPECIA L
MEETING OF AUGUST 9, 2012 .
ACTION : Waive oral reading and approve the Minutes with modification to C-1-1 2
replace "screening wall" with "trash enclosure".
C2.COMMUNITY DEVELOPMENT DEPARTMENT ORGANIZATIONA L
ASSESSMENT ANDSTRATEGICPLAN .
ACTION : (1) Authorize the issuance of a Request for Proposal for consulting service s
to prepare an organizational assessment and related strategic plan for the Communit y
Development Department ; and (2) authorize the City Manager to execute an agreemen t
of up to $50,000 to perform the assessment and related strategic plan .
C3.AMEND THE CITY'S CONFLICT OF INTEREST COD E
ACTION : Adopt a Resolution No : 10392 (2012 Series) amending the City's Conflict o f
Interest Code .
C4.AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENC Y
INVESTMENT FUN D
ACTION : Adopt a Resolution No : 10393 (2012 Series) authorizing the City of San Lui s
Obispo to deposit and withdraw money to and from the Local Agency Investment Fun d
(LAIF) in the State Treasury .
C5.REQUEST FOR PROPOSALS REQUESTING CONSULTANT ASSISTANC E
TO PREPARE A HISTORIC CONTEXT STATEMENT .
ACTION : (1) Approve the scope of work for consultant services to prepare a Histori c
Context Statement and authorize staff to proceed with sending out Request for Proposa l
documents to qualified consulting firms ; and (2) authorize the City Manager to awar d
the contract to qualified consulting firm if the proposals are within the project budget o f
$22,500 .
City Council Meeting Minutes Page 6
September 4, 201 2
C6 .SANTA ROSA SEWERLINE REPLACEMENT, SPECIFICATION NO . 91180
ACTION : (1) Authorize a total project budget of $747,880 for the Santa Rosa Sewerline
Replacement project, Specification Number 91180 ; and (2) Authorize the award of th e
design services contract for the Santa Rosa Sewerline Replacement project to Filippi n
Engineering, Inc . for $94,880 .
PUBLIC HEARING S
PHI .APPEAL OF THE TREE COMMITTEE DECISION TO DENY TREE REMOVA L
APPLICATION AT 1288 MORRO STREET .
Interim Director of Public Works Mattingly and City Arborist Combs presented th e
report. Various Council Members asked questions and commented on the item ; noting
they had gone to the location to look at the tree . Staff responded to Council question s
Mayor Marx opened the public hearing .
Carol Florence, Principal Planner for Oasis Associates, representative for the Appellant .
Ms . Florence provided a copy of a letter from Linda Hoagland, Veterans' Administration ;
in San Luis Obispo ; and second letter from Michael Pfau, attorney representing Missio n
Medical Property .
Ms . Florence presented the appellant's arguments supporting their request that thei r
appeal be upheld and allow the tree to be removed .
Hamish Marshall, appellant, spoke regarding his liability and fiduciary duties an d
requested that the Council uphold the appeal of the Tree Committee decision .
Dr. Will Powers, San Luis Obispo spoke against the appeal .
Assistant City Manager Codron provided data on building with renovations dating bac k
to the mid-50s and 2001, but no initial construction date .
Councilmember Ashbaugh stated he was struggling with his decision and would not b e
supporting the appeal . It is a beautiful tree and it is unfortunate that the tree is in th e
path to the entrance of the building . Although some clients may encounter difficulty wit h
access to the building, it is a management problem, but a problem that very capabl e
landscape architects can resolve while leaving the tree in place ./
Councilmember Smith asked Arborist Combs about trimming the roots ; Mr . Comb s
responded that heavy pruning could cause the tree to be less stable ; however, th e
necessary moderate pruning would not affect stability . Council Member Smith state d
that she would not be supporting the appeal .
City Council Meeting Minutes Page 7
September 4, 201 2
Mayor Marx commented that it is too bad the renovations made in 2001 did not take th e
opportunity to modify the entrance . Mayor Marx stated that she would not be supportin g
the appeal . She suggested that the appellant look into modifying the entrance to allow
for a proper ramp and safe entrance .
Councilmember Carter stated he is torn in his decision making ; he could come down o n
either side. He expressed frustration that the City would have allowed the entrance t o
be built out that close to the tree and frustrated that the owner would have added to th e
building's entrance .
Councilmember Carpenter asked what would be an adequate distance for such a tree t o
be should be planted . He stated that he sees the safety issues, but agrees with th e
appellants and will uphold the appeal . He believes the proposed mitigation will be don e
properly with the addition of trees and provide future safety for the people .
Mayor Marx closed the public hearing .
ACTION :Motion by Council Member Ashbaugh I Council Member Smith to den y
the appeal and uphold the decision of the Tree Committee ; adopt a Resolution No :
10394 (2012 Series) denying the appeal of the Tree Committee's decision to deny th e
removal of a pine tree at 1288 Morro Street . Roll Call Vote : 3-2 (Carpenter and Carte r
opposed). Motion Carried .
BUSINESS ITE M
B1 .FINANCIAL PLAN SCHEDULE FOR 2013-15 .
City Manager Lichtig and Director of Finance & Information Technology Bourbeau
presented the report and responded to Council questions .
Five steps related to goal setting :
q Setting the Table . November 13, 2012 6 :00 to 9 :00pm .Provide th e
background needed for goal-setting by considering the current status of bot h
long and short terms goals previously adopted by the City and place them in th e
context of the City's current general fiscal outlook .
®Budget Foundation . December 18, 2012 tentatively start time set fo r
6 :00pm .Finalize plans for the goal-setting process including deadline fo r
submitting Council Member candidate goals ; review Financial Plan policies an d
organization of the Financial Plan ; review financial results from 2011-1 2
q Community Forum . January 8, 2013 6 :00 to 9 :00pm .Consider comment s
and suggested goals from residents, community groups, other intereste d
individuals and Council advisory bodies .
A Council Goal-Setting January 26, 2013 8 :30 to 4 :00pm Workshop .
Discuss candidate goals presented at Community Forum ; consider Council
• City Council Meeting Minutes Page 8
September 4, 201 2
member goals ; prioritize and set major City goals .
O Major City Goal Work Programs . April 9, 2013 6 :00 to 9 :00pm .
Conceptually approve detailed work programs for major City goals adopted b y
the Council ; set strategic budget direction for preparation of the 2013-1 5
Financial Plan .
The Budget Review Team will be reviewing the organization of Financial Pla n
Documents (Main Document, Appendix for Capital Improvement Plan Projects an d
Appendix for Significant Operating Program Changes) and look at its structure an d
components to see if there are areas where redundancies can be eliminated and
discuss new formatting of the documents .
Steps related to review and adoption of the Financial Plan .
Hold workshops to review and discuss Preliminary Budge t
-June 10,2013 6 :00 to 9 :00pm :Overview and General Fund operating programs .
-June 11,2013 6 :00 to 9 :00pm :General Fund CIP projects .
-June 12,2013 6 :00 to 9 :00pm :Enterprise Fund programs, CIP projects, and rates .
-June 18,2013 6 :00 to 9 :00pm :Continue Financial Plan review and adopt budget.
-June 25,2013 Hold special meeting if needed to continue review and adopt budget.
Councilmember Smith requested that the previous 1011 page report which wa s
provided one week before the meeting last budget cycle be provided with a longer lea d
time prior to the meeting Director Bourbeau informed Council that the report shoul d
be provided by May 24 – prior to the June 10 t meeting, and hopes the report will b e
less than 1000 pages .
Public Comments
Donald E . Hedrick, San Luis Obispo, spoke regarding the need for a larger litigatio n
budget or change in council behavior regarding litigation .
—end of public comments
Council Member Carter indicated the 6pm start time will help the community
participation . He concurred with Kathy Smith regarding a shorter document an d
streamlined process and reports ; he would like to see one book and see the process g o
from one department to another rather than multiple appearances . With respect to the 5
year focus, he feels it is wise to wait for CaIPERS rates and with respect to income an d
expenses in operating programs and personnel line items he would like to see mor e
details .
Council Member Carpenter agreed that the evening meetings should be consistent a t
6pm to allow for community participation . He felt the cumbersome part of last process
was the volume of the reports ; a more summarized overview of each section wit h
detailed follow-up would make understanding the process better . Less would be more .
City Council Meeting Minutes Page 9
September 4, 201 2
Council Member Smith endorsed other comments by Council Members . In setting u p
the financial information report she would like it to see a column showing th e
percentage of change between years, she would also like to ; she would like to see th e
percentage that has been added or deleted from that line item . She would like to se e
the Council designate in advance a percentage of the operating budget to be set asid e
for capital improvements (CIP).
Council Member Ashbaugh appreciates the length and depth that the City goes to t o
obtain community participation in the process . He wants to see the use of a facilitator at
the two meetings continue and would prefer the 7pm start time . He appreciates th e
electronic availability of documents in the process .
Katie Lichtig communicated the fact that the City will be providing both electronic an d
hard copy versions available as Council prefers .
Council Member Ashbaugh continued by supporting the 5 year CIP and would like t o
see a percentage of our general fund reserved for capital expenses (fleet replacemen t
and IT investments). In regard to the prospect that Measure Y funds may not b e
available after March 2015, we would deal with that issue during the 2014 calendar yea r
review.
Mayor Marx agreed with the 6pm start time for all meetings and the venues . She felt a
consultant would be helpful in keeping the pace going and allowing city staff to do thei r
jobs . She liked the significant operating changes mode that is in place now and the fac t
that the percentages help track changes . The longer lead time makes sense ; perhaps a
greater lead time could be created .
City Manager Lichtig informed Mayor Marx that the current proposal provides a 17 da y
lead time and it may be difficult for staff to create the documents for publication within a
shorter period of time, however, she will continue to seek options to expand the lea d
time .
Mayor Marx continued by recalling the three binders and necessity to flip back and fort h
made things difficult; cross-referencing would be appreciated and perhaps searchabl e
electronic format .
In regard to the update on the conceptual plan for the City Center ; the plan needs to b e
updated . It is good to be used as a template ; however, we need to recognize that th e
reality is not the same as the document .
Mayor Marx agreed that we need to invest more monies into capital improvements and
larger percentage of measure Y funds should be used for infrastructure and open spac e
acquisition .
Councilmember Smith reminded Council that this is the most important job we have ; we
pass this budget and turn it over to staff to implement our goals . We have a great
• City Council Meeting Minutes Page 1 0
September 4, 201 2
responsibility to meet the needs of the citizens . Mayor Marx pointed out that eve n
though Council approves the overall budget, it has another change to approve o r
disapprove individual projects as they come before the Council . Council Membe r
Ashbaugh agreed with the comments and took the opportunity to remind constituent s
that this is the time to bring forward ideas to the Council that they can consider for th e
development of the new budget . He encouraged public participation in the process .
ACTION : Motion by Council Member Ashbauqh ICouncil Member Carter to
approve the staff recommendations for the Goal Setting Process and Timeline fo r
development of the City's 2013-15 Financial Plan, (the meeting times will be changed t o
start at 6 :00pm ; and a facilitator will be used for two of the meetings). Roll Call Vote : 5-
0 . Motion Carried .
COUNCIL LIAISON REPORTS AND COMMUNICATION S
Councilmember Smith circulated a written report itemizing meetings and communication s
she made between June 20 and August 5, 2012 .
Councilmember Ashbaugh reported that on Aug 25 he attended the Economic Vitalit y
Corporation meeting where Peter Rupert from UCSB spoke regarding transien t
occupancy tax; he met with representatives from Southern California Gas ; there were two
meetings on the Community Action Partnership Board on July 19, 2012 and August 16 ,
2012 and received updates to the homeless services center campaign which will b e
launched on September 17, 2012 at 1 :00 pm in Mission Plaza . He attended the Rotar y
and Kiwanis meetings where Kara Blakeslee presented information regarding Wil d
Cherry Canyon Project and are attempting to obtain $26 million to acquire 5000 acre s
just north of Avila Beach to Montana de Oro . Finance Director will speak to the League o f
Women Voters regarding Measure D . and provide impartial information .
Mayor Marx reported that she attended the Cal ID Committee on July 18, 2012 discussin g
all means of identification (fingerprints, DNA, facial recognition, etc .) are bein g
consolidated through the Cal ID Committee . July 19th she met with SCLC studen t
representative Katie Morro ; September 12th is move in day at Cal Poly and classes star t
the following Tuesday . On July 20 th celebrated the 104 birthday of John Woodward a t
Los Brisas . On July 25 th , it was her birthday and she attended the APCD meeting i n
addition to signing documents for implementation of Chinatown agreement . She als o
attended the Hothouse ribbon cutting ceremony that evening .
Councilmember Carter reported that he will be attending the League of California Citie s
and finds them to be of value as they afford us the opportunity to see what other cities ar e
doing . He will be making a presentation on the importance of city financial planning .
City Council Meeting Minutes Page 1 1
September 4, 201 2
There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting at 8 :38 p .m .
Maeve Kennedy Grimes
City Cler k
APPROVED BY COUNCIL : 09/25/12