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HomeMy WebLinkAbout03-20-2012 c1 minutes feb 21 and march 6 2012MEETING DATE : March 20, 201 2 ITEM : C l MINUTE S REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, FEBRUARY 21, 2012 - 7 :00 P .M . COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Member s 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 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 . ----------------------------------------------------------------------------------------------------------------- PRESENTATION , Mayor Marx read a proclamation honoring Spay Day U .S .A . 2012 . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMEN T The following speakers spoke about their concerns regarding homelessness : Barbara Walker, San Luis Obisp o Susan Perez, San Luis Obisp o Reverend Cynthia R . Eastman, San Luis Obisp o Scott Summers, San Luis Obisp o James Sutton, San Luis Obisp o Danny Branninburq, San Luis Obisp o Ronald Charles Bolen, San Luis Obisp o Katie Ott, Tobacco Control Coalition,spoke about the importance of the education o f chewing tobacco . Cheryl Larson, San Luis Obispo,spoke about her concerns regarding the County Menta l Health and the City's police department . Gary Fowler, San Luis Obispo,spoke about his concerns regarding comments made by a former employee on the radio . Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding homelessnes s and referred to a memo he submitted and on file with the original agenda packet . City Council Meeting Page 2 Tuesday, February 21, 201 2 Courtney Kienow, San Luis Obispo Chamber of Commerce,spoke about the process fo r reviewing applications for the TF-LUCE . Josh Friedman, San Luis Obispo,spoke about his concerns regarding "Agenda 21" an d his concerns . Kevin Rice, San Luis Obispo,presented a document regarding "Steps to Painlessl y Agendize Items for Discussion ." This document is on file with the original agenda packet . Steve Barasch, San Luis Obispo,spoke about issues regarding communication betwee n constituents and Council . ----------------------------------------------------------------------------------------------------------------- CONSENT AGEND A By consensus, Council agreed to pull Item C1, C4, C7 and C8 for further discussion . Public Comment : The following speakers spoke in support of roll call voting : Stephen Barasch, San Luis Obisp o Kevin Rice, San Luis Obisp o Jody Frey, San Luis Obisp o Donald E . Hedrick, San Luis Obisp o Josh Friedman, San Luis Obisp o Gary Fowler, San Luis Obispo,spoke about his concerns regarding response to call s and reimbursement of services from other organizations . Robert Lewin Fire Chief, Cal Fire,spoke in support of staff's recommendation . End of Public Comment . CI .OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID WITH CA L FIRE/SLO COUNTY FIRE DEPARTMENT . Fire Chief Hines responded to Council questions and concerns . ACTION :Moved by Ashbaugh/Smith to : 1) Approve Operational Plan and Agreemen t for Automatic Aid between San Luis Obispo City Fire Department and CAL FIRE /Sa n Luis Obispo County Fire Department . 2) Authorize Fire Chief to execute agreemen t with CAL FIRE/San Luis Obispo County Fire Department (5 :0). C2 .REQUEST FOR PROPOSALS – ARCHITECTURAL DESIGN SERVICES , SPECIFICATION NO . 90703-2012 . City Council Meeting Page 3 Tuesday, February 21, 201 2 ACTION :Moved by Ashbaugh/Smith to : 1) Approve the Request for Proposal (RFP) t o provide Architectural Design Services for the Capital Improvement Program , Specification No . 90703-2012 . 2) Authorize the City Manager to execute agreements with the selected consulting firms . 3) Authorize the Finance Director to execute an d amend Purchase Orders for individual projects with consultants under agreement, in a n amount not-to-exceed the authorized project budget (5 :0). C3 .PRIORITIES FOR USE OF SINSHEIMER PARK INCLUDIN G RECOMMENDATION FOR FUTURE USE OF SINSHEIMER STADIUM . ACTION :Moved by Ashbaugh/Smith to : as recommended by the Advisory Committe e on Shared Use of Recreational Facilities : 1) Approve the revised Priorities for Use o f Sinsheimer Park . 2) In the future, when current Use Agreements expire, contract wit h only one non-recreational collegiate team for use of Sinsheimer Baseball Stadium (5 :0). C4 .CONSOLIDATION AND REORGANIZATION OF THE SHARED USE O F RECREATIONAL FACILITIES (SURF) COMMITTEE WITH THE PARKS AN D RECREATION COMMISSION (PRC). ACTION :Moved by Ashbaugh/Smith to : 1) Repeal Ordinance 906 (1981 Series), which established and defined the duties of the Joint Recreational Use of School Distric t Property Committee (now known as the Shared Use of Recreational Facilitie s Committee or SURF), thereby eliminating the Committee . 2) As recommended by th e Parks and Recreation Commission and the Shared Use of Recreational Facilitie s Committee : a.Consolidate and reorganize the Parks and Recreation Commission and SUR F into one advisory body known as the Parks and Recreation Commission . b.Upon a vacancy on the Parks and Recreation Commission, consider appointing a former Shared Use of Recreational Facilities Committee member first to th e Commission . 3) Approve the attached amended and restated bylaws for the Parks and Recreatio n Commission reflecting this consolidation of duties, to become effective upon th e effective date of the repeal of Ordinance 906 (1981 Series) (5 :0). C5 .REPEAL OF A 2004 RESOLUTION AUTHORIZING CONFIDENTIALS , DEPARTMENT HEAD, AND MANAGEMENT PARTICIPATION IN THE SA N LUIS OBISPO EMPLOYEES RETIREMENT MEDICAL TRUST . ACTION :Moved by Ashbaugh/Smith to : Adopt Resolution No . 10330 (2012 Series ) repealing Resolution No . 9562 (2004 Series) and terminating the confidentials , department head, and managers' participation in the San Luis Obispo Employee s Retirement Medical Trust (5 :0). City Council Meeting Page 4 Tuesday, February 21, 201 2 C6.SOFTWARE SOLUTIONS CONTRACT FOR ENERGOV TESTING AN D TRAINING . ACTION :Moved by Ashbauqh/Smith to : Award a contract to Software Solutions fo r testing and training services on the EnerGov Solutions software and authorize the Cit y Manager to execute the contract totaling $48,400 (5 :0). C7.TANK FARM ROAD &BROAD STREET WIDENING, SPECIFICATION NO . 90588 . Council Member Ashbauqh spoke of concerns regarding staff's recommendation .Public Works Director Walter responded to Mr . Ashbaugh's concerns . ACTION :Moved by Carter/Carpenter to : 1) Approve plans and specifications for th e Tank Farm Road & Broad Street Widening Project, Specification No . 90588 . 2 ) Approve the transfer of $152,000 into the project's construction and constructio n management phases from the following project accounts : $45,000 from the Highwa y 227 Relinquishment Signal Upgrades account, $100,000 from the 2011 Stree t Microsurfacing account, $3,000 from the Water Distribution System Improvement s Master account for valve adjustments, and $4,000 from the Utility Collection Syste m Improvements Master Account . 3) Authorize staff to advertise for bids and authorize th e City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $590,000 (5 :0). C8.COUNCIL PROTOCOL FOR ROLL CALL VOTES . ACTION :Moved by Carpenter/Smith to not afirm the Mayor's discretion to determin e voting procedures for agenda items and direct staff to return with modifications to th e Council's Policies and Procedures (4 :1, Ashbaugh opposed). ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS AND BUSINESS ITEM S 1 .CONSIDERATION OF 2012 COMMUNITY DEVELOPMENT BLOCK GRAN T (CDBG) FUNDING RECOMMENDATIONS . Community Development Director Johnson and Housinq Proqrams Manager Core y presented the report and responded to Council question s Mayor Marx opened the public hearing . Jody Frey, San Luis Obispo,spoke about her concerns regarding ADA accessibilit y ramps . Public Works Director Walter responded to Ms . Frey's concerns . City Council Meeting Page 5 Tuesday, February 21, 201 2 Mayor Marx closed the public hearing . ACTION :Moved by Carter/Ashbauqh as recommended by the Human Relation s Commission (HRC): 1) Adopt Resolution No . 10331(2012 Series)to approve fundin g recommendations for $573,125 in CDBG funds for the 2012 Program Year . 2 ) Reallocate $212,901 of unexpended 2008, 2009 and 2010 CDBG funds from Cur b Ramp ADA Street Improvements, Santa Rosa Park ADA Improvements, City of Sa n Luis Obispo Housing Element Implementation and ROEM Corporation Propert y Acquisition for Affordable Housing (2201 Emily Street) (5 :0). Council recessed at 8 :50 p .m . and reconvened at 9 :00 p .m . with all members present . 2.PUBLIC HEARING ON THE 2011-2012 PROGRAM OF PROJECTS FO R FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANTS . Public Works Director Walter introduced the item, following which Transit Manage r Webster presented the report and responded to Council questions . Mayor Marx opened the public hearing . There was no public comment . Mayor Marx closed the public hearing . ACTION :Moved by Carpenter/Smith to : 1) Conduct a public hearing on the 2011-1 2 Federal Transit Administration Program of Projects . 2) As recommended by the Sa n Luis Obispo Urbanized Area Technical Committee, adopt the proposed FY 2011-1 2 Program of Projects and appropriate $1,318,592 in Federal Transit Administration gran t funding for 2011-12 into the SLO Transit budget . 3) Adopt Resolution No . 1033 2 (2012 Series)authorizing the Public Works Director to file a grant application an d execute a grant agreement with the Federal Transit Administration for a total o f $3,087,983 (5 :0). 3.2011-12 MID-YEAR BUDGET REVIEW . Finance and Information Technoloqy Director Bourbeau reported on the City's Financia l Condition and Assistant City Manager Codron reported on the Major City Goals an d Other Important Objectives . Mr . Bourbeau, Mr . Codron and other City staff responde d to Council questions . Public Comment s Don Hedrick, San Luis Obispo,spoke about concerns regarding the City's investment s and expenditures . City Council Meeting Page 6 Tuesday, February 21, 201 2 ---end of public comments--- ACTION :Moved by Ashbaugh/Carpenter reviewed and discussed the City's financia l condition and status of City goals at the mid-point of 2011-12 . In addition, Counci l approved revenue and expenditure changes presented in the accompanying Mid-Yea r Budget Review document (5 :0). 4 .2012 LEGISLATIVE ACTION PLATFORM . City Attorney Dietrick presented the report and responded to Council questions . Public Comment s Kevin Rice, San Luis Obispo,disagreed with Council adopting what another legislativ e body adopted . ---end of public comments--- ACTION :Moved by Ashbaugh/Carpenter to : 1) Adopt Resolution No . 10333 (201 2 Series)establishing a Legislative Action Platform for 2012 as modified . 2) Appoint th e Mayor, City Attorney and City Manager to act as the primary legislative liaisons betwee n the League of California Cities and the City of San Luis Obispo (5 :0). 5 .CITY COUNCIL "LEGALLY REQUIRED PARTICIPATION" SELECTIO N PROCESS FOR CONSIDERATION OF FIRE HAZARD MAP AMENDMENT O F THE GENERAL PLAN SAFETY ELEMENT . City Attorney Dietrick presented the report and responded to Council questions . Public Comment s Don Hedrick, San Luis Obispo,spoke about his concerns regarding the process o f drawing lots . Kevin Rice, San Luis Obispo,stated his City of residency . ---end of public comments--- City Clerk Cano explained the process and proceeded to the drawing of lots . ACTION :Due to potential conflicts of interest of all City Council members, utilize a random means of selection specified by the City clerk to select three Council members to participate in Council's consideration of proposed amendments to the fire hazard ma p in the Safety Element of the General Plan . The Council Members selected t o participate in the discussions and actions for consideration of fire hazard ma p amendment of the General Plan and Safety Element are Council Members Andre w Carter and Kathy Smith and Mayor Jan Marx . City Council Meeting Page 7 Tuesday, February 21, 201 2 ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Council Member Ashbauqh referred to a memo regarding the Safe Parking Pilot Progra m he submitted to Council prior to the Council meeting and on file with the original agend a packet . Community Development Director Johnson responded to Council Member Ashbaugh's concerns . Mayor Marx referred to her Liaison report, which she distributed to Council during th e meeting . By consensus, Council asked staff to include in the staff report for March 20, 2012, th e Small bore Association site as a possible site for the Safe Parking Pilot Program . ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 11 :15 p .m . Elaina Cano, CM C City Cler k APPROVED BY COUNCIL : xx/xx/12 MINUTE S REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, MARCH 6, 2012 - 7 :00 P .M . COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Member s 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 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 . ----------------------------------------------------------------------------------------------------------------- PRESENTATIONS , SESLOC FEDERAL CREDIT UNION 70 TH ANNIVERSARY - PROCLAMATION . Mayor Marx presented Geri LaChance,SESLOC CEO/President, a proclamatio n recognizing SESLOC Federal Credit Union's 70 th Anniversary . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMEN T Ken Herrmann, San Luis Obispo,spoke about his concern regarding SmartMeters . Don Hedrick, San Luis Obispo,spoke about his concerns regarding viewing the Counci l meetings on the internet . Assistant City Manaqer Codron responded to Mr . Hedrick's concerns . Will Powers, San Luis Obispo,spoke about his concerns regarding homelessness , vehicle noise and potholes . Danny Branninburq, San Luis Obispo,spoke about his concerns regarding homelessness and overall safety while living in his vehicle . ----------------------------------------------------------------------------------------------------------------- CONSENT AGEND A By consensus, Council agreed to pull Item C6 for further discussion . Public Comment : Courtney Kienow, Chamber of Commerce,spoke in support of Item C6 . Paul Rys, San Luis Obispo,spoke in support of Item C6 . Cl -8 City Council Meeting Page 2 Tuesday, March 6, 201 2 End of Public Commen t Cl .MINUTES . ACTION :Moved by Ashbaugh/Carter to waive oral reading and approve as presented (5 :0). C2.2012-13 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRAN T APPLICATION . ACTION :Moved by Ashbaugh/Carter to : 1) Authorize staff to submit a grant applicatio n to the California Department of Alcoholic Beverage Control for FY 2012-13 in an amoun t not to exceed $30,000 . 2) Adopt Resolution No . 10334 (2012 Series) authorizing the Cit y Manager to enter into a contract with the State if funding is awarded . 3) Authorize the Cit y Manager to execute the necessary grant documents upon grant award . (5 :0). C3.REQUEST FOR PROPOSALS — CIVIL ENGINEERING AND TRAFFI C ENGINEERING DESIGN SERVICES, SPECIFICATION NO . 90703-2012A . ACTION :Moved by Ashbaugh/Carter to : 1) Approve the Request for Proposals (RFP) to provide Civil Engineering and Traffic Engineering Design Services for the Capita l Improvement Program, Specification No . 90703-2012A . 2) Authorize the City Manage r to execute agreements with the selected consulting firms . 3) Authorize the Financ e Director to execute and amend Purchase Orders for individual Civil Engineering an d Traffic Engineering consultant service contracts in an amount not-to-exceed th e authorized project budget (5 :0). C4.SCADA UPGRADE INTEGRATION SERVICES — REQUEST FO R PROPOSALS . ACTION :Moved by Ashbaugh/Carter to : 1) Approve the request for proposals for th e Wastewater Division's Supervisory Control and Data Acquisition Upgrade Integratio n Services and authorize its issuance . 2) Authorize the City Manager to award a contract if the selected proposal is within the estimate of $100,000 . (5 :0). C5.AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRAN T FUND/TRAFFIC IMPOUND ACCOUNT TO PURCHASE EQUIPMEN T RELATED TO TRAFFIC SAFETY . ACTION :Moved by Ashbaugh/Carter to : 1) Appropriate $16,000 from available fun d balance in the Law Enforcement Grant Fund/Traffic Impound Account to purchas e mobile radar units for use by the Police Department's Traffic Safety Division personnel . 2) Appropriate $8,200 from available fund balance in the Law Enforcement Gran t Fund/Traffic Impound Account to purchase tire deflation devices to equip patrol vehicle s (5 :0). C6.MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUI S OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, City Council Meeting Page 3 Tuesday, March 6, 201 2 LOCAL 3523 FOR THE PERIOD OF JANUARY 1, 2012 THROUG H DECEMBER 31, 2015 . City Manager Lichtiq gave an overview of the staff report . Council Member Smith stated her opposition to staff's recommendation and that th e MOU does not validate the vote of the people . Vice Mayor Carpenter stated his opposition to staff's recommendation and that th e MOU does not satisfy long term financial solutions . Council Members Ashbaugh and Carter and Mayor Marx commended the firefighters fo r agreeing to the terms in the agreement . ACTION :Moved by Marx/Carter to : 1) Adopt Resolution No . 10335 (2012 Series ) adopting and ratifying the Memorandum of Agreement with a four-year term betwee n the City of San Luis Obispo and the International Association of Firefighters, Loca l 3523 . 2) Adopt Resolution No . 10336 (2012 Series) ceasing to pay and report the valu e of the employer paid member contribution (EPMC) to the California Public Employee s Retirement System (CaIPERS) for members of the International Association o f Firefighters, Local 3523 (3 :2, Carpenter/Smith opposed). C7 .FINAL READING TO REPEAL ORDINANCE 906 (1981 SERIES) T O CONSOLIDATE AND REORGANIZE THE SHARED USE OF RECREATIONA L FACILITIES (SURF) COMMITTEE WITH THE PARKS AND RECREATIO N COMMISSION (PRC). ACTION :Moved by Ashbaugh/Carter to : Adopt Ordinance 1574 (2012 Series ) repealing Ordinance 906 (1981 Series) and thereby consolidating and reorganizing th e Shared Use of Recreational Facilities Committee with the Parks and Recreatio n Commission (5 :0). ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARING S 1 .AMENDMENTS TO THE FIRE HAZARDS SECTION OF THE GENERAL PLA N SAFETY ELEMENT AND TEXT AMENDMENTS TO THE BUILDING COD E (GPA, ER 77-10). Due to technical complications, Council recessed at 7 :50 p .m . and reconvened at 8 :0 5 p .m . with all members present . City Attorney Dietrick explained legally participation process and announced tha t Council Members Carter, Smith and Mayor Marx will be allowed to participate . Council Member Ashbaugh and Vice Mayor Carpenter then left the Council Chamber . Community Development Director Johnson, Fire Chief Hines and Senior Planne r Dunsmore presented the report and responded to Council questions . Cl -10 City Council Meeting Page 4 Tuesday, March 6, 201 2 Mayor Marx opened the public hearing . Bill Almas, San Luis Obispo,spoke in support of staff's recommendation . Mayor Marx closed the public hearing . ACTION :Moved by Carter/Smith to : 1) Adopt Resolution No . 10337 (2012 Series ) amending the Fire Hazards section of the General Plan Safety Element as amended . 2 ) Introduce Ordinance No . 1575 (2012 Series) amending Title 15 of the Municipal Cod e amending construction and fire codes . 3) Adopt a Negative Declaration o f environmental effect (ER 77-10) (3 :0 ; Ashbaugh/Carpenter recused). ----------------------------------------------------------------------------------------------------------------- BUSINESS ITEM S Council Member Ashbaugh and Vice Mayor Carpenter returned to the Council Chamber . 2.RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 868 UPHA M STREET TO THE MASTER LIST OF HISTORIC RESOURCES . Community Development Director Johnson, and Associate Planner Brian Leveill e presented the report . Public Comment : Maqqie Browninq, Owner of 868 Upham, San Luis Obispo,spoke in support of staff's recommendation . End of Public Commen t ACTION :Moved by Carpenter/Smith to : As recommended by the Cultural Heritag e Committee (CHC), adopt Resolution No . 10338 (2012 Series) adding the property locate d at 868 Upham Street to the Master List of Historic Resources . (5 :0). 3.DETERMINE SIZE OF TASK FORCE AND PROCESS TO SELEC T PARTICIPANTS FOR TASK FORCE — LAND USE AND CIRCULATIO N ELEMENTS UPDATE (TF-LUCE). Community Development Director Johnson and Deputy Director Lonq Ranqe Plannin q Murry presented the report and responded to Council questions . Public Comment s Courtney Kienow, San Luis Obispo Chamber of Commerce,spoke in support of having a business representative on the TF-LUCE . Steve Delmartini, San Luis Obispo,suggested holding workshops where citizens ca n participate in discussions . City Council Meeting Page 5 Tuesday, March 6, 201 2 Sandra Rowley, San Luis Obispo,spoke about her concern regarding the size of the TF- LUCE . Will Powers, San Luis Obispo,spoke about his concerns regarding the diversity of TF- LUCE members . ---end of public comments--- ACTION :Moved by Ashbauqh/Carter to set the tentative size of the TF-LUCE to 13 , which will include 1 member of the Planning Commission and following th e recommended process to select participants . Each Council Member will bring a list of a t least 12 nominees to the Council Meeting on March 13, 2012 ; (5 :0). ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Council Member Ashbauqh reported on his attendance at the Annual Advisory Bod y Recognition Event and business visit to REC Solar Mainstream Energy . Mr . Ashbaug h also referenced a letter from Sandra Rowley regarding Safe Route to School's and a n article that he co-authored in the New Times pertaining to the Prado Road Center Pilot Program . Council Member Carter reported on his attendance at the LOCC workshop in Lo s Angeles . Mayor Marx reported on her attendance at the Planning Commission meeting , Symphony Ball, Advisory Body Recognition Event, SLODA meeting, and the Phylli s Madonna Fashion Show . Ms . Marx also stated that she submitted a 2012 City Livabilit y Outstanding Achievement Award application to the US Conference of Mayor's regardin g the City's Greenbelt and Open Space Program . ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 9 :36 p .m . Elaina Cano, CM C City Cler k APPROVED BY COUNCIL : xx/xx/12