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Home My WebLink About01-17-2012 c1 minutesMeeting Date : 1/17/1 2 Agenda Item #: C l MINUTE SMEETING OF THE CITY COUNCI LCITY OF SAN LUIS OBISP OTUESDAY, DECEMBER 13, 201 1990 PALM STREE TSAN LUIS OBISPO, CALIFORNI A 6 :00 P .M . — SPECIAL MEETING — COUNCIL HEARING ROO M ROLL CALL : Council MembersPresent:Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic eMayor Dan Carpenter, and Mayor Jan Mar x City StaffPresent:Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae lCodron, Assistant City Manager, and Elaina Cano, City Clerk, wer epresent 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 LEGAL COUNSEL — Existing Litigatio n Pursuant to Government Code § 54956 .9 (a ) Pacific Mechanical Corp . v. City of San Luis Obispo,CV10003 0 CONFERENCE WITH LEGAL COUNSEL — Existing Litigatio n Pursuant to Government Code § 54956 .9 (a ) Secrest v . City of San Luis Obisp oSan Luis Obispo County Superior Court Case No . CV 06022 5 CLOSED SESSION REPOR T City Attorney Dietrick reported on the Closed Session at the commencement of the 7 :0 0 p .m . Special Meeting . The Closed Session adjourned at 6 :50 p .m . ----------------------------------------------------------------------------------------------------------------- 7 :00 P .M . — SPECIAL MEETING — COUNCIL CHAMBE R Mayor Marx called the Special Meeting to order at 7 :00 p .m . All Council Members wer e • present . C1-1 DRAF T • City Council Meeting Page 2 Tuesday, December 13, 201 1 ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss two cases o f Existing Litigation . There was no reportable action regarding CONFERENCE WIT H LEGAL COUNSEL – Existing Litigation - Pursuant to Government Cod e § 54956 .9 (a)Secrest v . City of San Luis Obisp o San Luis Obispo County Superior Court Case No . CV 06022 5 City Attorney Dietrick reported that Council voted 5-0 to authorize the settlemen t agreement of a pending settlement appeal regarding litigation associated Pacific Mechanical Corp . v. City of San Luis Obispo,CV100030 . ----------------------------------------------------------------------------------------------------------------- PRESENTATION S Mayor Marx presented a proclamation for National Homeless Persons' Memorial Day to Anneka Scranton, Member of the Homeless Services Oversight Council and Co - President of Friends of Prado and Paul Wolff, Co-President of Friends of Prado . Mayor Marx presented a proclamation to Police Chief Deborah Linden in honor of he r retirement and years of service to the City . ----------------------------------------------------------------------------------------------------------------- By consensus, Council agreed to hear public comments for items that are not on th e agenda . PUBLIC COMMEN T Lory Farrior, San Luis Obispo,spoke about her concerns regarding the November 15 , 2011, Special Election regarding the Orcutt Area annexation . Peggy Koteen, San Luis Obispo,spoke in opposition to minimizing the parking fees o n Sunday's . D . Floyd, San Luis Obispo,spoke in opposition to the removal of an electric outlet locate d outside City Hall . Public Works Director Walter responded to Mr . Floyd's concerns . David Brodie, San Luis Obispo,spoke about his concern regarding the building heigh t limits . Allan Cooper, San Luis Obispo,read a "Christmas Ode" to Council . Elisabeth Abrahams, San Luis Obispo,spoke in support of additional funding for the Art s Council and asked Council to reconsider the building height limits . C1-2 DRAFT • • • City Council Meeting Page 3Tuesday, December 13, 201 1 •Joseph Abrahams, San Luis Obispo,spoke in support of additional funding for the Art sCouncil and spoke in opposition to the building height limits .-----------------------------------------------------------------------------------------------------------------CONSENT AGENDA Public Comment : Gary Fowler, San Luis Obispo,spoke about his concerns regarding Item C3 and the us eof the City's ladder truck . Cl .APPLICATION FOR CERTIFIED LOCAL GOVERNMENT PROGRAM (CH C103-11). ACTION :Moved by Smith/Ashbaugh,as recommended by the Cultural Heritag eCommittee, to adopt Resolution No . 10318 (2011 Series)approving the application an dauthorize the City Manager to sign the certification agreement for the Certified Loca lGovernment program ; motion carried 5 :0 . C2.AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION EASEMENT O NA 38 ACRE PROPERTY AT 2877 SOUTH HIGUERA STREET . ACTION :Moved by Smith/Ashbaugh to adopt Resolution No . 10319 (2011 Series )authorizing the Mayor to accept an offer to donate a conservation easement coverin g•approximately 38 .3 acres at 2877 South Higuera Street, offered by Katherine Foste rand Michael Spangler, subject to a finding by the Planning Commission that acceptanc eof the conservation easement is consistent with the City of San Luis Obispo Genera lPlan; motion carried 5 :0 . C3.ACCEPT NEW EXTRICATION SYSTEM . ACTION :Moved by Smith/Ashbaugh to : 1) Authorize the Fire Chief to accept ne wextrication system valued at $23,300 ; and 2) Approval for the Fire Chief to sig nMemorandum of Understanding with Cambria Fire Department ; motion carried 5 :0 . C4.HAZARD MITIGATION PLAN UPDATE GRANT REQUESTS FOR FEMA . ACTION :Moved by Smith/Ashbaugh to : 1) Authorize staff to submit grant application sfor $64,712 each to two FEMA programs for Local Hazard Mitigation Plan Update ; an d2) If a grant is awarded, authorize the City Manager to accept and appropriate the fund sto the Fire Department ; motion carried 5 :0 .-----------------------------------------------------------------------------------------------------------------BUSINESS ITEMS , 1 .UPDATE ON THE CITY'S FISCAL STATUS AND STATUS OF MAJOR CIT YGOALS. • C1-3 DRAFT City Council Meeting Page 4Tuesday, December 13, 201 1 Director of Finance and Information Technology Bourbeau, Finance Manager Malicoat,•and Assistant City Manager Codron presented the agenda report and responded t oCouncil questions . Public Comment s Steven Barasch,San Luis Obispo,asked questions of staff regarding futur erecommendations and additional staff concessions . City Manager Lichtig responded to Mr . Barasch's comments . Jody Frey, San Luis Obispo,asked staff a question regarding surplus funds .Finance andIT Director Bourbeau responded to Ms . Frey's comments . Gary Fowler, San Luis Obispo,spoke about his concerns regarding the potential increas ein State sales tax and the renewal of Measure Y . ---end of public comments--- Council discussion ensued during which they discussed and commented on th eNeighborhood Wellness Goal, affordable housing, and the importance of maintainin gthe reserve balance . ACTION :Moved by Ashbaugh/Carter to : 1) Review and discuss an update on th eCity's fiscal status based on interim 2010-11 year-end financial results and first quarte rtrends in 2011-12 ; and 2) Review and discuss status on the City's progress i naccomplishing the Major City Goals adopted by Council for 2011-13 ; motion carried 5 :0 . 2 .2011 CITIZEN SATISFACTION SURVEY RESULTS . City Manager Lichtig introduced this item, following which Assistant City Manage rCodronpresented the agenda report . Richard Maullin of Fairbank, Maslin, Maullin, Metz and Associates,presented asummary of the survey results . Council recessed at 9 :10 p .m . and reconvened at 9 :20 p .m . with all members present . Public Comment s Steve Barasch, San Luis Obispo,spoke about his concerns with the renewal of Measur eY and of the Citizen Satisfaction Survey . ---end of public comments--- C1-4 DRAFT • • City Council Meeting Page 5 Tuesday, December 13, 201 1 •Vice Mayor Carpenter spoke about his concerns regarding the cost of the survey an dstated his support for bringing the renewal of Measure Y to the voters at the Novembe r 2014 General Municipal Election . Council discussion ensued during which they discussed the timing for placing th e Measure Y renewal on the November 2012 or November 2014 ballot . ACTION :Moved by Carter/Ashbaugh to : 1) Receive a presentation from RichardMaullin of Fairbank, Maslin, Maullin, Metz and Associates (FM3) on the results of th e 2011 City of San Luis Obispo Citizen Satisfaction Survey ; and 2) Consistent with th e Council's Major City Goal for preservation of essential services and fiscal health, direc tstaff to continue to evaluate placing the reauthorization of the City's half cent sales ta x(Measure Y) on an general election ballot in November 2012, and return to the Cit y Council during Spring 2012 with an update ; motion carried 4 :1, Carpenter opposed . 3 .LEASE OF 1123 MILL STREET BY THE SAN LUIS OBISPO COUNTY ART S COUNCIL . Parks and Recreation Director Stanwyck introduced this item and presented the agend a report . Public Comments •Mary Kay Harrinqton, San Luis Obispo,President of Arts Obispo, spoke in support o f staff's recommendation . ---end of public comments--- Council discussion ensued during which they discussed the process of designating Art sObispo as a government agency and the proposed monthly rental fee . ACTION :Moved by Smith/Ashbaugh to finalize the negotiations of a lease agreemen t for 1123 Mill Street by San Luis Obispo County Arts Council in the amount of $1,294 fo r one year and authorize the City Manager to execute the finalized agreement subject t oapproval by the City Attorney and receipt by the tenant of a use permit . Council als odirected staff to include in the zoning regulations update the definition of governmenta l facilities to include nonprofits serving as quasi-governmental entities . (5 :0). 4 .REFINANCING 2002 WATER REVENUE REFUNDING BONDS . Director of Finance and Information Technoloqy Bourbeau and Utilities Directo r Mattingly introduced this item and presented the agenda report . Public Comments •There was no public comment . C1-5 DRAFT City Council Meeting Page 6 Tuesday, December 13, 201 1 ---end of public comments--- ACTION :Moved by Carter/Ashbaugh to adopt Resolution No .10320 (2011Series )authorizing the issuance of 2012 Water Revenue Refunding Bonds to refinance th e 2002 Water Revenue Refunding Bonds ; motion carried 5 :0 . 5 .APPROVAL OF AGREEMENTS FOR THE PURCHASE AND SALE O F PROPERTY BETWEEN THE CITY OF SAN LUIS OBISPO AND SL O CHINATOWN, LLC REGARDING THE CHINATOWN PROJECT . Council Member Ashbauqh recused himself due to a conflict of interest and left th eCouncil Chamber . Assistant City Manaqer Codron introduced this item and Economic Developmen tManaqer Clark presented the agenda report . Public Comment s Jody Frey, San Luis Obispo,suggested that Mayor Marx recuse herself . Mayor Marx responded . Courtney Kienow, Chamber of Commerce,spoke in supoprt in the concept of the project . Mark Rossin, Copelands Properties,spoke in support of staff's recommendation an dresponded to Council questions . ---end of public comments--- Council discussion ensued during which they spoke of their support for the project . ACTION :Moved by Carpenter/Smith to : 1) Approve the Purchase and Sale of Rea l Property with SLO Chinatown, LLC (hereinafter "Copeland") related to the Chinatow n project, contingent upon a finding of General Plan conformity by the Plannin g Commission ; and 2) Authorize the Mayor to execute agreements, as well as associate d leases and other documents (hereinafter "Agreements") required to formalize th e transactions on the terms and condition approved, in substantially the form presented t o Council, subject to final approval by the City Attorney of any modifications directed b yCouncil; and 3)Authorize the City Manager to execute escrow documents on behalf o fthe City ; and 4) Direct staff to return to Council to consider and take action on th e Planning Commission's determination in the event that the Planning Commission doe s not find the transactions conform to the General Plan ; and 5) Approve an automati c extension of the Third Modification to the Option Agreement (hereinafter "Option") t o suspend expiration of the Option until such time as Council has had the opportunity t o consider and take action on the Planning Commission's determination only in the event • • • C1-6 DRAFT City Council Meeting Page 7 Tuesday, December 13, 201 1 •that the Planning Commission does not find the transactions conform to the Genera l Plan ; motion carried 4 :0, Ashbaugh recused .----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Council Member Ashbaugh submitted his report via the Red File process prior to th e Council meeting . Council Member Smith reported on her attendance at the Downtown Association Board meeting and Human Relation Commission interview . Vice Mayor Carpenter reiterated his opposition to placing the Measure Y renewal on th e November 2012 ballot . Mr . Carpenter also stated his concerns for the lateness o f considering Business Item 5 . Council Member Carter stated that he and Mayor Marx co-wrote an article in the Tribun e regarding the recent approval of the management and unrepresented employe e contracts . Mayor Marx reported on her attendance at the SLOCOG meeting, RTA Regional Directo r interviews, and the Student Community Liaison Committee meeting . •City Manager Lichtiq mentioned that City, in partnership with the County and Prado Da y Center, has collaborated to keeping a warming station open during the winter season . ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 11 :33 p .m . Elaina Cano, CM CCity Cler k APPROVED BY COUNCIL : xx/xx/1 1 • C1-7 DRAFT •MINUTE S REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O WEDNESDAY, DECEMBER 21, 2011 - 4 :00 P .M . COUNCIL HEARING ROOM, 990 PALM STREET 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, Andrea Visveshwara, Assistant City Attorney , Michael Codron, Assistant City Manager, Monica Irons, Human Resource s Director, Greg Zocher, Human Resources Manager, and Su e Chippendale, Deputy City Clerk, were present at Roll Call . Other staff members presented reports or responded to questions as indicated in th e minutes . ----------------------------------------------------------------------------------------------------------------- ANNOUNCEMENT OF CLOSED SESSION TOPI C Assistant City Attorney Visveshwara announced the following Closed Session topic . PUBLIC COMMENT ON CLOSED SESSION ITE M Mayor Marx called for public comment . Jodi Frey, San Luis Obispo,commented on her support of the Police and Fire union s during labor negotiations . The meeting adjourned to the Closed Session . CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators :Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron , Andrea Visveshwara, Greg Zoche r Employee Organizations :San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA ) San Luis Obispo Police Staff Officers' Association (SLOPSOA ) Fire Battalion Chiefs' Associatio n San Luis Obispo City Firefighters, Local 352 3 Unrepresented Employees : Confidential Employees C1-8 DRAFT • • • City Council Meeting Page 2 Wednesday, December 21, 201 1 CLOSED SESSION REPOR T Following the Closed Session,Assistant City Attorney Visveshwara reported that ther e was no further reportable action . ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 6 :30 p .m . Sue Chippendal e Deputy City Cler k APPROVED BY COUNCIL : xx/xx/1 2 • • C1-9 DRAFT