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HomeMy WebLinkAbout09-25-2012 c1 minutes of 09-04-2012• MEETING DATE : September 25, 201 2 ITEM : C l 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, Vic e 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 C1-1 AGENCY NEGOTIATORS : City of San Luis Obispo : Katie Lichtig, J . Christine Dietrick , Michael Codron NEGOTIATING PARTY : Gerald Weaver, on behalf of the Alice Carroll Trus t NEGOTIATIONS :Title dispute over APNs 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 retumed 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, 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 . ------------------------------------------------------------------------------------------------------------ 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 authorize staff to pursue an exclusive negotiating agreement with Quaglino Properties . 3-2 vote (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 . C1-2 •CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigation - Calle Joaquin ope nspace parcel s No reportable action on this matter . CONFERENCE REGARDING PROPERTY NEGOTIATIONS -Gerald Weaver, on behal fof the Alice Carroll Trus t 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 approvin gappointment of Ivan Simon to the Human Relations Commission to fill an unschedule dvacancy 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 /Councilmember Ashbaugh approvin gappointment of Kimberly Walker to the Tourism Business Improvement Distric tCommittee 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 dthat 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 dthat the City Council pass a resolution regarding a constitutional amendment . C1-3 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 communit y 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 no t perfect and has been amended over time . Kevin Rice, San Luis Obispo, introduced himself as a candidate for City Council . H e wants to be the voice and ears for members of the community . He announced tha t Sept . 15`h 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 • C1-4 •Manager Lichtig stated Staff would prepare a resolution which it was agreed would com eforward 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 AND STRATEGIC PLAN . 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 THELOCALAGENCY INVESTMENT FUN D ACTION :Adopt a Resolution No : 10393 (2012 Series) authorizing the City of San Lui sObispo 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 ETO PREPARE A HISTORIC CONTEXT STATEMENT . ACTION :(1) Approve the scope of work for consultant services to prepare a Histori cContext Statement and authorize staff to proceed with sending out Request for Proposa ldocuments to qualified consulting firms ; and (2) authorize the City Manager to awardthe contract to qualified consulting firm if the proposals are within the project budget of$22,500 . C1-5 C6 .SANTA ROSA SEWERLINE REPLACEMENT, SPECIFICATION NO . 9118 0 ACTION :(1) Authorize a total project budget of $747,880 for the Santa Rosa Sewerlin e 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 ; notin g 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 with 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 . • C1-6 • 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 allo w 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 /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 FOR2013-15 . City Manager Lichtig and Director of Finance & Information Technology Bourbea u presented the report and responded to Council questions . Five steps related to goal setting : ©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 . A 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 ©Community Forum . January 8,2013 6 :00 to 9 :00pm .Consider comments and suggested goals from residents, community groups, other intereste d individuals and Council advisory bodies . q Council Goal-Setting January 26, 2013 8 :30 to 4 :00pm Workshop . Discuss candidate goals presented at Community Forum ; consider Council C1-7 member goals ; prioritize and set major City goals . ©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 an d 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 th meeting, and hopes the report will b e less than 1000 pages . Public Comment s 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 communit y 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 . He hopes a lon g period of time is not spent on CIP . With respect to the 5 year focus, he feels it is wise t o wait for Calpers rates and with respect to income and expenses in operating program s and personnel line items he would like to see more 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 proces s 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 . C1-8 •Council Member Smith endorsed other comments by Council Members . In setting u pthe financial information report she would like it to see a column showing th epercentage of change between years, she would also like to ; she would like to see th epercentage that has been added or deleted from that line item . She would like to se ethe 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 oobtain community participation in the process . He wants to see the use of a facilitator a tthe two meetings continue and would prefer the 7pm start time . He appreciates th eelectronic availability of documents in the process . Katie Lichtig communicated the fact that the City will be providing both electronic andhard copy versions available as Council prefers . Council Member Ashbaugh continued by supporting the 5 year CIP and would like t osee a percentage of our general fund reserved for capital expenses (fleet replacementand IT investments). In regard to the prospect that Measure Y funds may not b eavailable after March 2015, we would deal with that issue during the 2014 calendar yea rreview. Mayor Marx agreed with the 6pm start time for all meetings and the venues . She felt aconsultant 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 agreater lead time could be created . City Manager Lichtig informed Mayor Marx that the current proposal provides a 17 da ylead time and it may be difficult for staff to create the documents for publication within ashorter 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 hmade things difficult ; cross-referencing would be appreciated and perhaps searchabl eelectronic format . In regard to the update on the conceptual plan for the City Center ; the plan needs to b eupdated. It is good to be used as a template ; however, we need to recognize that th ereality is not the same as the document . Mayor Marx agreed that we need to invest more monies into capital improvements andlarger percentage of measure Y funds should be used for infrastructure and open spac eacquisition. Councilmember Smith reminded Council that this is the most important job we have ; wepass this budget and turn it over to staff to implement our goals . We have a great C1-9 responsibility to meet the needs of the citizens . Mayor Marx pointed out that th e importance of Council approval of the overall budget and individual projects that com e before the Council . Council Member Ashbaugh agreed with the comments and took th e opportunity to remind constituents that this is the time to bring forward ideas to th e Council that they can consider for the development of the new budget . He encouraged public participation in the process . ACTION : Motion by Council Member Ashbaugh ICouncil Member Carter t o 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 Carded . 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 tw o 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 20th 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 . ---------------------------------------------------------------------------------------------------------------- • C1-10 •There being no further business to come before the City Council,Mayor Marx adjourne dthe meeting at 8 :38 p .m . Maeve Kennedy Grime sCity Clerk APPROVED BY COUNCIL : • C1-11 Page intentionally lef t blank . C1-12