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HomeMy WebLinkAboutC2 06-17-14, 07-01-14 Joint, 07-01-14, & 07-15-14 MinutesCOUNCIL MFFTING: `U 11� 1 Z o l q ITEM NO.: r2 Council Memorandum Date: August 18, 2014 TO: City Council FROM: Anthony Mejia, City Clerk VIA: Katie Lichtig, City Manager 1� SUBJECT: Modifications to Minutes of July 1, 2014 and July 15, 2014 Please note that the City Council minutes of July 1, 2014 (Page C2 -23) should be modified as follows: COUNCIL COMMUNICATIONS Council directed the City Attorney to send Council a memorandum regarding adverse impacts of application of revised Fair Political Practices Commission (FPPC) conflict of interest regulations on local representation. In addition, the City Council minutes of July 15, 2014 (C2 -27) should be modified as follows: C3. APPROVAL OF WORLD TRADE CENTER MEMORIAL PUBLIC ART DESIGN AND PUBLIC ART CONTRACT - SPECIFICATION NO. 91018 Council Member Ashbaugh noted for the record that he has concerns regarding the necessity of removing the tree for the World Trade Center Memorial Public Art: it was noted that the Tree Committee will consider the tree removal at a future meeting. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Conceptually approve the public art design "Standing Tall" for the City of San Luis Obispo World Trade Center Memorial public art project for the City's Emergency Dispatch Communications Center and Fire Station No. 1 located at 2160 Santa Barbara Avenue. 2. Award a public art contract with Kathleen Caricof in the amount of $62,000 for the design, fabrication and installation of the World Trade Center Memorial public art project, Specification No. 91018. 3. Approve the use and transfer of Public Art Completed Projects funding in the amount of $16,350 to the World Trade Center Memorial projects' construction phase for site preparation. MEETING DATE: August 19, 2014 ITEM: C2 MINUTES CITY OF SAN LUIS OBISPO REGULAR MEETING OF THE CITY COUNCIL Tuesday, June 17, 2014 Regular Meeting – 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, June 17, 2014 at 6:00 p.m. in the City Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx Council Member Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance. APPOINTMENTS A1. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION City Clerk Mejia reviewed the contents of the Council Agenda Report and responded to Council inquiries. MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0, to confirm the appointment of Maria Dolores Troy to the Human Relations Commission to complete an unexpired term through March 31, 2016. C2 - 1 City Council Meeting Minutes – June 17, 2014 Page 2 PUBLIC COMMENT Greg Kincad, San Luis Obispo, urged Council to approve the Laguna Lake Natural Reserve Conservation Plan and to explore financing options. CONSENT AGENDA Kevin Harris, representing the San Luis Obispo Little Theater, expressed gratitude to the Promotional Coordinating Committee (PCC) and Council for its Grants-In-Aid funding support. Jill LeMieux, Chair of the PCC, explained the process undertaken by the PCC to recommend organizations for funding support, noting that 26 of 28 applicants are recommended for grants. The following individuals addressed Council in support of the Human Relations Commission’s recommendation for the 2014-15 Grants-In-Aid funding: Pearl Munak, representing Transitional Food and Shelter, Inc. Monica Grant, representing the San Luis Obispo County YMCA James Statler, representing the Community Counseling Center Julian McAdam, representing the Senior Nutrition Program of San Luis Obispo County Marilyn Mayor, representing Noor Clinic Gail Stoneburg, representing the Assistance League of San Luis Obispo County Carl Hanson, representing the Food Bank Coalition Carol Florence and Madge Morningstar, representing Big Brothers and Big Sisters of San Luis Obispo County MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve Consent Calendar Items C1 thru C11. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2 - 2 City Council Meeting Minutes – June 17, 2014 Page 3 C2. MINUTES OF CITY COUNCIL MEETINGS OF MAY 20, 2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve the Minutes of the City Council meeting of May 20, 2014. C3. 2014-15 EVENT PROMOTION GRANTS-IN-AID FUNDING MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Tentatively approve $90,000 from the 2014-15 Community Promotions budget for Grants-in-Aid funding to the recommended non-profit organizations, contingent on Council adoption of the 2013-15 Financial Plan Supplement and 2014-15 Budget. 2. Authorize the City Manager to execute the grant agreements with the applicants. C4. 2014-15 HUMAN RELATIONS COMMISSION GRANTS-IN-AID FUNDING MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Tentatively approve the 2014-15 Grants-in-Aid allocations in the amount of $133,900 contingent on Council adoption of the 2013-15 Financial Plan Supplement and 2014-15 Budget. 2. Authorize the City Manager to execute agreements with each grant recipient. C5. COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING CITY PARTICIPATION IN THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL PROGRAM FOR FISCAL YEARS 2015-2017 – RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to adopt Resolution No. 10533 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Cooperation Agreement between the City and County of San Luis Obispo to recognize joint participation in the Urban County Grant Program for Fiscal Years 2015-2017.” C2 - 3 City Council Meeting Minutes – June 17, 2014 Page 4 C6. AGREEMENT AND GENERAL RELEASE WITH MADONNA PROPERTIES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve an agreement and general release with Madonna Properties in the amount of $509,337.80 providing for the decommissioning of the City’s Madonna Sewer Lift Station; relieving the City of all future operations and maintenance obligations related to the station; and waiving potential claims against the City related to the location and operation of the station. C7. APPOINTMENT TO BOARD OF DIRECTORS AND APPOINTMENTS OF ALTERNATES FOR CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Appoint the Mayor to represent the City of San Luis Obispo on the Board of Directors for the CJPIA. 2. Appoint the Vice Mayor, City Manager, Director of Finance and Information Technology, Director of Human Resources and Human Resources Manager as alternate representatives to the Board of Directors for the CJPIA. 3. Delegate authority to the Mayor for future appointments to CJPIA Board of Directors. C8. 2012-13 CENTRAL SERVICE COST ALLOCATION PLANS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve the 2012-13 Central Service Cost Allocation Plans dated May 2014. C9. APPROPRIATIONS LIMIT FOR 2014-15 - RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to adopt Resolution No. 10534 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the appropriations limit for 2014-15.” C2 - 4 City Council Meeting Minutes – June 17, 2014 Page 5 C10. GARTNER PROFESSIONAL SERVICES - AGREEMENT EXTENSION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Approve the extension of an agreement with Gartner Inc. in the amount of $25,600 for Information Technology advisor professional services. 2. Authorize the Finance & Information Technology Director to sign the agreement to be funded from the 2014-15 Network Services budget. 3. Authorize the Finance & Information Technology Director to extend the Gartner agreement for the following two years pending approval of the Network Services budget with adequate funding for each consecutive year. C11. MODIFICATION TO COMPENSATION FOR COUNCIL MEMBERS JOHN ASHBAUGH AND DAN CARPENTER FOR CURRENT TERM OF OFFICE - RESOLUTIONS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Adopt Resolution No. 10535 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, modifying the compensation of Council Member John Ashbaugh to $12,000, effective June 19, 2014, through the remainder of his terms of office.” 2. Adopt Resolution No. 10536 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, modifying the compensation of Council Member Dan Carpenter to $12,000, effective January 1, 2014, through the remainder of his terms of office.” PUBLIC HEARINGS PH1. APPEAL OF TREE COMMITTEE DECISION TO DENY A TREE REMOVAL APPLICATION AT 902 PEACH STREET - RESOLUTION Mayor Marx and Council Member Ashbaugh disclosed ex parte communications with the applicant and Council Member Smith advised that she visited the site. Director of Public Works, City Arborist Combs, and Matt Ritter, Tree Committee Chair, narrated a presentation entitled “Appeal of Three Committee Decision - 902 Peach Street” and responded to Council inquires. Mayor Marx opened the Public Hearing. C2 - 5 City Council Meeting Minutes – June 17, 2014 Page 6 Ken Carpenter, representing the Applicant, urged Council to support the appeal of the Tree Committee’s decision, asserting that the subject trees are a hardship and creating trip hazards; expressed a willingness to replace the trees if required by the City; noted that the neighbors have submitted letters expressing no opposition to the removal of the trees. There being no others desiring to speak on this item, the Public Hearing was closed. Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10537 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal to the Tree Committee decision to deny a tree removal request at 902 Peach Street.” RECESS Council recessed at 8:16 p.m. and reconvened at 8:30 p.m., with all Council Members present. B1. FINANCIAL RESPONSIBILITY PHILOSOPHY, 2014 BENCHMARK STUDY, AND DISCUSSION OF TOOLS TO IMPROVE TRANSPARENCY AND ACCOUNTABILITY OF CITY EXPENDITURES Assistant City Manager Codron, Director of Human Resources Irons, Principal Analyst David, and Special Projects Manager Hermann narrated a presentation entitled “Improving Transparency and Accountability” and responded to Council inquires. Tim Williams, representing the Chamber of Commerce, expressed support for the proposed fiscal responsibility commitments and accountability measures; suggested that the City develop an estimate for pension liabilities and deferred maintenance. Ermina Karim, representing the Chamber of Commerce, voiced support for the progress achieved in renewing Measure Y; addressed the importance of transparency and accountability in City finances; noted that rising benefit costs are a challenge for all businesses. Barry Vanderkelen, representing the Chamber of Commerce, urged Council to develop a plan of action to address employee benefit and pension costs prior to the November election. Gordon Mullin, San Luis Obispo, voiced support for improved transparency in City finances. C2 - 6 City Council Meeting Minutes – June 17, 2014 Page 7 In response to Council inquiry, Public Works Director Grigsby spoke on the deferred maintenance of storm drains, asphalt pavement, traffic signals, and bicycle facilities, noting that approximately 30-40% of needed funding is typically allocated per year. Following discussion and by Council consensus, Council: 1. Received and filed the 2014 City of San Luis Obispo Benchmark Study titled, “Measuring Our Performance.” 2. Directed staff to return to Council on July 1, 2014 for consideration of the Financial Responsibility Philosophy with the following modifications: a. Add “Whereas, the City will strive to achieve fiscal economic and environmental accountability and sustainability, as well as maintain a quality of life residents find desirable for current and future generations.” b. Add “Whereas, ultimate accountability for the fiscal health of the community rests with the elected City Council.” c. Modify Item A to read as “Informed Decision-making. The City will identify and consider immediate and long-term economic, social, and environmental impacts of all decisions presented considered by the Council.” d. Modify Item B to read as “Shared Responsibility. The City recognizes a shared responsibility between the employee and employer to appropriately fund employee benefits, including pension benefits. Ensuring an appropriate balance is a valuable tool in attracting and retaining well qualified employees that deliver services to the community while maintaining a long-term sustainable and balanced budget.” e. Modify Item D to read as “Aligned Investments. The City shall allocate resources in alignment with community needs and priorities for maintaining and/or adding capital project assets or services.” f. Modify Item F to read as “Long-Term Unfunded Liabilities. The City will identify all long-term liabilities including unfunded pension obligations and strive to achieve a higher funded portion of pension obligations and shall manage all liabilities to maintain and enhance fiscal responsibility. g. Add Item G to read as “Continued Efficiency and Effectiveness. The City will explore and implement operational efficiencies including alternative service delivery best management practices and cost containment while preserving effectiveness. (Council action continued on next page) C2 - 7 City Council Meeting Minutes – June 17, 2014 Page 8 3. Provided direction to staff relative to seeking public input regarding access to City data and performance measurements to increase transparency and accountability of City operations, noting that staff should seek input from residents and business and neighborhood groups. PH2. ADOPTION OF THE 2013-15 FINANCIAL PLAN SUPPLEMENT AND 2014-15 BUDGET - RESOLUTION Director of Finance and Information Technology Padilla and Budget Manager Lamers narrated a presentation entitled “2013-15 Financial Plan Supplement” and responded to Council inquires. Mayor Marx opened and closed the Public Hearing, there being no one desiring to speak on this item. In response to Council inquiry, Community Development Director Johnson advised that the ability to utilize development service revenue will enable the City to quickly respond to increases in development activity; noted that the City is undertaking efforts to improve its reporting of development activity. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10538 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2013-15 Financial Plan Supplement and adopting the 2014-15 Budget and the carryover of certain unspent appropriations along with recommended changes to the 2013-14 Budgets of various funds.” MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to approve amendments to the 2013-14 budgets of various funds. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10539 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the amendment of the Financial Management Manual and the Budget and Fiscal Policies Section of the 2013-15 Financial Plan to reflect a policy concerning the reallocation of development fees.” MOTION BY MAYOR MARX, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to restore Public Art funding back to 1% policy level. MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve Traffic Impact Fee support for Debt Service equal to at least one-half of the annual payment. C2 - 8 City Council Meeting Minutes – June 17, 2014 Page 9 LIAISON REPORTS Council liaison reports were received from Council Members Ashbaugh and Smith and Mayor Marx. COUNCIL COMMUNICATIONS None. ADJOURNMENT The City Council adjourned at 9:40 p.m., to a Joint City Council and Planning Commission meeting to be held on Tuesday, July 1, 2014 at 5:00 p.m. to discuss the draft Environmental Impact Report for the Land Use and Circulation Element. The Regular Meeting will commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California. _____________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/14 C2 - 9 MINUTES CITY OF SAN LUIS OBISPO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION Tuesday, July 1, 2014 Special Joint Meeting – 5:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Special Joint meeting of the City of the San Luis Obispo City Council and Planning Commission was called to order on Tuesday, July 1, 2014 at 5:00 p.m. in the City Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx Council Members Absent: None Planning Commissioners Present: Planning Commissioners Michael Draze, John Fowler, William Riggs, Vice-Chairperson Michael Multari, and Chairperson John Larson Planning Commissioner Absent: Hemalata Dandekar and Ronald Malak City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. C2 - 10 City Council/Planning Commission Meeting Minutes – July 1, 2014 Page 2 PUBLIC HEARING PH1. PRESENTATION OF THE PUBLIC HEARING SCHEDULE OF THE LAND USE AND CIRCULATION ELEMENTS OF THE GENERAL PLAN (LUCE) UPDATE AND DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) TO PLANNING COMMISSION AND CITY COUNCIL Council Member Smith announced that she has a conflict of interest because she owns property within the proposed Airport Land Use Overlay Zone. Council Member Ashbaugh announced that he has a conflict of interest because he owns property within 500’ of the Bishop Knolls Special Planning Area. Council Member Carpenter announced that he has a conflict of interest because he owns property within 500’ of the General Hospital Special Planning Area. Commissioners Draze and Fowler announced that they may have potential conflicts of interest because each individual owns property which may be impacted by the proposed Airport Land Use Overlay Zone City Attorney Dietrick explained that the rule of necessity applies due to a lack of quorum available for City Council and Planning Commission deliberations. Following a random drawing by lot, Council Member Smith and Commissioner Draze returned to the dais and Council Members Ashbaugh and Carpenter and Commissioner Fowler left the Chambers at 5:12 p.m. Community Development Director Johnson, Traffic Manager Hudson, and Jeff Oliveira, Oliveira Environmental Consulting, narrated a PowerPoint presentation entitled “Land Use and Circulation Element” and responded to Council and Planning Commission inquiries. Mayor Marx opened the Public Hearing. Eugene Jud, San Luis Obispo, narrated a PowerPoint presentation entitled “LUCE+” related to traffic circulation and traffic management; requested that Council extend the public comment period for the LUCE Draft Environmental Impact Report (DEIR). Myron Amerine, San Luis Obispo, noted that the LUCE is a progressive document which addresses the importance of bicycle and pedestrian issues; encouraged Council to increase funding for the implementation of bicycle and pedestrian improvements. There being no others desiring to speak on this item, the Public Hearing was closed. C2 - 11 City Council/Planning Commission Meeting Minutes – July 1, 2014 Page 3 It was noted that Council desires the inclusion of an index/reference section and headers added to Section 4 of the Environmental Impact Report. Following discussion, the City Council and Planning Commission received and filed a presentation on the Land Use and Circulation Element Draft Environmental Impact Report. ADJOURNMENT Council adjourned the Special Joint meeting of City Council and Planning Commission at 6:25 p.m. __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/14 APPROVED BY PLANNING COMMISSION: XX/XX/14 C2 - 12 MINUTES CITY OF SAN LUIS OBISPO REGULAR MEETING OF THE CITY COUNCIL Tuesday, July 1 , 2014 Regular Meeting – 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 1, 2014 at 7:01 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx Council Members Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Ashbaugh led the Pledge of Allegiance. PUBLIC COMMENT Stephanie Hicks, representing San Luis Obispo Council of Governments, invited the community to attend a workshop concerning the 101 Mobility Project to be held on July 9, 2014 at 5:00 p.m. at the San Luis Obispo Veterans Hall. John Galbreath, San Luis Obispo, voiced concerns that canvassers are harassing residents in the downtown area and urged Council to work with the Downtown Association to prohibit such activities. C2 - 13 City Council Meeting Minutes – July 1, 2014 Page 2 Stephanie Teaford, representing Cal Poly, reported that she is serving as the liaison between the City and Cal Poly relative to the Solutions Through Research in Diet & Exercise (STRIDE) Obesity study. Steve Barasch, San Luis Obispo, voiced concern that City-owned properties are unmaintained and have overgrown vegetation; suggested that the City surplus unnecessary properties for cost-saving and revenue enhancement. CONSENT AGENDA MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve Consent Calendar Items C1 thru C10, with the removal of Item C8 for separate consideration. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETINGS OF JUNE 12, 2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to approve the Minutes of the City Council meeting of June 12, 2014. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS - RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to adopt Resolution No. 10540 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent solid waste collection and disposal accounts as liens against the properties.” C2 - 14 City Council Meeting Minutes – July 1, 2014 Page 3 C4. 2014-15 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS IMPROVEMENT DISTRICT AND PROMOTIONAL COORDINATING COMMITTEE MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Authorize the City Manager to enter into various contracts for the Tourism Business Improvement District (TBID) not to exceed the 2014-15 program budget of $1,232,774 and based on the recommendations by the TBID Board. 2. Authorize the City Manager to enter into various contracts for Community Promotions not to exceed the 2014-15 program budget of $362,000 and based on the recommendations by the Promotional Coordinating Committee. 3. Authorize the City Manager to enter into contracts utilizing the TBID Fund un- appropriated fund balance from the 2013-14 Fiscal Year for tourism marketing expenditures in 2014-15 and based on the recommendations by the TBID Board. 4. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2014-15 and based on the recommendations by the TBID Board. 5. As recommended by the TBID Board, approve the financing of the contract with Zeppelin Technology Inc. for Helium, a new back end hotel booking platform, and authorize the City Manager to execute the agreement in the amount of $135,000, with the carryover of $13,500 from the 2013/14 TBID budget and the remaining $121,500 to be allocated from the 2014/15 TBID budget. C5. APPROVAL OF THE FINAL MAP FOR TRACT 2353-1 - 408 PRADO ROAD (TR 120-13) – RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to adopt Resolution No. 10541 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2353-1 (408 Prado, TR 120-13),” and authorizing the Mayor to execute the Subdivision Agreement on behalf of the City. C2 - 15 City Council Meeting Minutes – July 1, 2014 Page 4 C6. REPLACEMENT OF FOUR POLICE UNMARKED SEDANS, REPLACEMENT OF ONE UNMARKED VEHICLE, REPURPOSE OF ONE SWAT SUV AS AN UNMARKED VEHICLE AND PURCHASE OF ONE SWAT TRUCK, SPECIFICATION NO. 90576, 91230, 91025 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Approve the use of Cooperative Purchasing Agreement with State of California Contract No. 1-14-23-20 (A-G), effective through February 2, 2016, for the purchase of one Ford Interceptor Utility, four Ford Interceptor Sedans, and one Ford F350 Crew Cab Pickup. 2. Authorize the Finance Director to execute a purchase order to Folsom Lake Ford in the amount of $153,953.07 for one Ford Interceptor Utility, and four Ford Interceptor Sedans. 3. Authorize the Finance Director to execute a purchase order to Downtown Ford in the amount of $45,876.43 for one Ford F350 Crew Cab pickup. 4. Authorize the surplus designation of four unmarked Police vehicles, and two unmarked SUVs, fleet Asset No’s. 0808, 0209, 0330, 0901, 0809, and 0604 by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. C7. REQUEST FOR PROPOSALS FOR CITY FIREWALLS, INTRUSION PROTECTION AND VIRTUAL PRIVATE NETWORK SYSTEMS UPGRADE - SPECIFICATION NO. 91241 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Authorize the issuance of the request for proposals (RFP) to upgrade the City’s Firewalls, Intrusion Protection and Virtual Private Network (VPN) Systems Upgrade. 2. Authorize the City Manager to award a contract for if the selected proposal is within the approved budget of $441,500. C8. ORDINANCE ADOPTION - AMENDING THE CITY’S ZONING MAP TO ADJUST THE BOUNDARY BETWEEN THE EXISTING OFFICE AND MEDIUM- HIGH DENSITY RESIDENTIAL ZONING CATEGORIES ON THE SITE AT 1321 AND 1327 OSOS STREET (CITY FILE NO. GP/R/ER 96-13) Please refer to Page 6 for discussion of this item C2 - 16 City Council Meeting Minutes – July 1, 2014 Page 5 C9. PARK MOWER REPLACEMENT - SPECIFICATION NO. 91238 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Approve the use of Cooperative Purchasing Agreement with National IPA Contract #120535 with the City of Tucson and Toro Company, effective November 27, 2012, for the purchase of a turf mower replacement, Specification Nos. 91238 2. Authorize the Finance Director to execute a purchase order to Turf Star in the amount of $60,610 for the purchase of one Toro GM4000-D Tier 4 compliant diesel mower including taxes and delivery. 3. Authorize the Finance Director to transfer funding from two completed Fleet Replacement CIP projects to the Fleet Replacement Completed Projects account. 4. Authorize the Finance Director to use $14,000 in Fleet Replacement Completed Projects funding to cover a shortfall in the project account for the mower replacement C10. AUDITING SERVICES CONTRACT AMENDMENT MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER SMITH, CARRIED 5-0, to: 1. Accept the fee proposal in the amount of $12,000 from Glenn Burdette Certified Public Accountants to compile the financial statements to be presented within the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2014. Auditors will begin work June 23, 2014. 2. Agree to the extension of the existing agreement between the auditor and the City for an additional two years, as provided for in the current agreement. 3. Approve the First Amendment to the Auditor Agreement. C2 - 17 City Council Meeting Minutes – July 1, 2014 Page 6 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION C8. ORDINANCE ADOPTION - AMENDING THE CITY’S ZONING MAP TO ADJUST THE BOUNDARY BETWEEN THE EXISTING OFFICE AND MEDIUM- HIGH DENSITY RESIDENTIAL ZONING CATEGORIES ON THE SITE AT 1321 AND 1327 OSOS STREET (CITY FILE NO. GP/R/ER 96-13) Vice Mayor Christianson recused herself from deliberation on the Pacific Courtyards Project, located at 1321 and 1327 Osos Street, because she owns property within 500’ of the subject property and left the Chambers at 7:13 p.m. MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0-1 (VICE MAYOR CHRISTIANSON ABSTAINING), to adopt Ordinance No. 1603 (2014 Series) entitled “An Ordinance of the City of San Luis Obispo, California, amending the zoning map to reconfigure the boundary between the office (O-H) and medium-high density residential (R-3-H) with the historical preservation overlay zoning districts on the site for the property at 1321 and 1327 Osos Street; GP/R/ER 96-13” to match the approved Land Use Element Map designations. (Intro. on 06/10/14) PUBLIC HEARINGS PH2. NOVEMBER 2014 BALLOT MEASURE TO EXTEND THE ESSENTIAL SERVICES SALES AND USE TAX, ESTABLISHING THE REVENUE ENHANCEMENT OVERSIGHT COMMISSION, ADOPTION OF FISCAL RESPONSIBILITY PHILOSOPHY AND TOOLS FOR INCREASED ACCOUNTABILITY – RESOLUTIONS AND ORDINANCE INTRODUCTIONS City Manager Lichtig and Assistant City Manager Codron narrated a presentation entitled “The Essential Services Measure” and responded to Council inquires. Mayor Marx opened the Public Hearing. Gordon Mullin, San Luis Obispo, voiced support for the renewal of the City’s half- percent sales tax; opined that it is not possible to segregate general fund dollars from Measure Y funds; expressed opposition to the creation of a new Oversight Commission. Dominic Tartalia, representing the Downtown Association, thanked Council for its consideration of submitting the proposed ballot measure to the voters; expressed support for the use of dashboards and additional accountability measures to track the use of City funds; noted that Measure Y funding was critical in assisting the City to weather the recession. C2 - 18 City Council Meeting Minutes – July 1, 2014 Page 7 Barry Vanderkelen, Chair of the Chamber of Commerce Measure Y Task Force, conveyed support for the proposed accountability enhancements and fiscal responsibility philosophy, noting that they will assist with ensuring expenditures aligns with community priorities; spoke on the need to establish a timeline to reduce the City’s unfunded liabilities. Courtney Kienow, San Luis Obispo, voiced support for the submittal of a local sales tax ballot measure before the voters; pointed out that the funds would improve infrastructure, streets, and playgrounds. Steve Rossi, San Luis Obispo property owner, opined that a sales tax increase is a fair tax which improves the quality of life for residents; stated that Measure Y funds were vital in assisting the City during the recession. Michelle Tasseff, San Luis Obispo, expressed support for the renewal of Measure Y; voiced opposition to providing the proposed Oversight Commission with a stipend. Dan Rivoire, representing the San Luis Obispo County Bicycle Coalition, conveyed support for the submittal of a local sale tax ballot measure to the voters; noted that Measure Y funds were used in pursuit of the City’s Major Goals and improving the quality of life for residents. Tim Williams, representing the Chamber of Commerce, voiced support for the additional accountability measures and fiscal responsibility philosophy; suggested that Council allow the community to lead the effort to campaign for the measure. Steve Barash, San Luis Obispo, asserted that Measure Y funds were not utilized as originally intended and that only 10% of funds have been used for Capital Improvement Projects (CIP). Leslie Halls, representing the San Luis Obispo Property and Business Owner Association; voiced concern that sales taxes have negative impacts on seniors and low-income residents; suggested that efforts need to be taken to improve investment yields; asserted that City staff requested that Cuesta College postpone the placement of a bond measure for November 2014. There being no others desiring to speak on this item, the Public Hearing was closed. In response to Council and public inquiries, Finance and Information Technology Director Padilla advised that the City has not evaluated the possibility of issuing pension obligation bonds, pointing out that it is an unfavorable market for issuing such bonds; explained that the City is evaluating the possibility of improving investment yields while still securing principal funds; spoke on the Council’s role in approving the capital improvement plan and the definition of a CIP. C2 - 19 City Council Meeting Minutes – July 1, 2014 Page 8 City Manager Lichtig advised that neither she, nor is she aware of City staff, making a request for Cuesta College or the San Luis Coastal Unified School District to postpone placing a bond measure for November 2014; each member of Council advised that they had not requested Cuesta College or the San Luis Coastal Unified School District to postpone placing a bond measure for November 2014 Council discussion ensued relative to the propriety of staff presenting information related to Measure Y or a renewal of the local sales tax. By consensus, Council reviewed the education and outreach program and directed that staff is authorized to post information about the benefits of Measure Y on the City’s website and to responded to public inquiries, but may not make educational presentations. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10542 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, calling and giving notice of the holding of a General Municipal Election to be held Tuesday, November 4, 2014 for the submission to the voters a question whether to extend an existing half cent local revenue measure for an additional eight years.” MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to introduce Ordinance No. 1604 (2014 Series) entitled “A Ordinance of the City Council and the People of the City of San Luis Obispo, California, amending Chamber 3.15 of the Municipal Code to extend the existing ‘Essential Services Transactions (Sales) and Use Tax,’ for an additional eight years (March 31, 2023), to be administered by the State Board of Equalization; update the purpose statement; and provide for additional citizen oversight and accounting transparency.” MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10543 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an impartial analysis.” MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10544 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, providing for the filing of rebuttal arguments for City Measures submitted at Municipal Elections.” MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10545 (2014 Series) entitled “A Resolution of the City C2 - 20 City Council Meeting Minutes – July 1, 2014 Page 9 Council of the City of San Luis Obispo, California, requesting the San Luis Obispo County Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be held on that date.” MOTION BY MAYOR MARX, SECOND BY COUNCIL MEMBER SMITH, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to introduce Ordinance No. 1605 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, establishing the Citizens’ Revenue Enhancement Oversight Commission (REOC).” MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10546 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting its Fiscal Responsibility Philosophy.” Council directed staff to develop a project plan (including elements of public outreach) for implementing tools to increase accountability and transparency regarding City finances and operations, including performance measures and dashboards. RECESS Council recessed at 8:52 p.m. and reconvened at 9:05 p.m., with all Council Members present. PH3. REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS, ASSOCIATED WITH THE BEDROOM DEFINITION, REGULATIONS FOR GUEST QUARTERS AND ACCESSORY STRUCTURES, AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW – ORDINANCE INTRODUCTION Community Development Director Johnson, Community Development Deputy Director Davidson, and Associate Planner Carloni narrated a presentation entitled “Zoning Regulations Amendment” and responded to Council inquires. Mayor Marx opened the Public Hearing. C2 - 21 City Council Meeting Minutes – July 1, 2014 Page 10 Sandra Rowley, representing Residents for Quality Neighborhoods (RQN), spoke on the importance for ensuring residents are informed of zoning amendments; voiced concern that water and sewer connections to accessory structures will likely result in illegal conversions. Carolyn Smith, San Luis Obispo, recommended that lofts and dens be included in the definition of bedroom; conveyed support for the owner-occupied requirements for guest quarters; stressed the importance of early notification for zoning amendments. Steve Delmartini, San Luis Obispo, questioned, and received clarification, that the proposed regulations would require that residences be owner-occupied for guest units to be used as overnight sleeping quarters and that owner-occupied refers to individuals listed on title; urged Council to develop criteria for consideration of hardship cases. Scott Martin, Atascadero, noted that he is an architect operating in San Luis Obispo; asserted that the proposed regulations are overly restrictive, impeding an individual’s rights related to private property; voiced opposition to the owner- occupied requirement for use of guest quarters. Michelle Tasseff, San Luis Obispo, spoke on the difficulty of enforcing regulations related to accessory structures and illegal conversions. There being no others desiring to speak on this item, the Public Hearing was closed. Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to introduce Ordinance No. 1606 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo amending Title 17 (Zoning Regulations) of the Municipal Code associated with the bedroom definition, guest quarters and accessory structure regulations and zoning amendment initiations with a Categorical Exemption From Environmental Review” (CEQA Guidelines Section 15061.b3). C2 - 22 City Council Meeting Minutes – July 1, 2014 Page 11 LIAISON REPORTS Council liaison reports were received from Council Member Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Council directed the City Attorney to send Council a memorandum regarding adverse impacts of application of revised real property regulations on local representation. ADJOURNMENT The City Council adjourned at 10:20 p.m. The next Regular Meeting to be held on Tuesday, July 15, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. _____________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/14 C2 - 23 MINUTES CITY OF SAN LUIS OBISPO REGULAR MEETING OF THE CITY COUNCIL Tuesday, July 15, 2014 Regular Meeting – 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, July 15, 2014 at 6:00 p.m. in the City Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx Council Member Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick announced that the closed session was cancelled earlier today. INTRODUCTION OF NEW HIRES A. JON ANSOLABEHERE, ASSISTANT CITY ATTORNEY City Attorney Dietrick introduced Assistant City Attorney Jon Ansolabehere as a new hire. C2 - 24 City Council Meeting Minutes – July 15, 2014 Page 2 B. ISAAC SHUCK, FLEET MAINTENANCE SUPERVISOR Public Works Director Grigsby introduced Fleet Maintenance Supervisor Isaac Shuck as a new hire. APPOINTMENTS A1. APPOINTMENT TO THE 2014-2015 CAL POLY CAMPUS PLANNING COMMITTEE Following discussion, MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to appoint Council Member Ashbaugh to represent the City Council and City of San Luis Obispo on the 2014-2015 Cal Poly Campus Planning Committee. PUBLIC COMMENT Judy Mahan, Director of SLO Hot House, expressed gratitude for the City for its support of the SLO Hot House; advised that the program is assisting 60 entrepreneurs to expand and develop new head of household positions. Donald Hedrick, San Luis Obispo, voiced concern that development is diminishing the City’s viewshed; addressed the importance of election integrity and preservation of constitutional rights. Jeffery Specht, San Luis Obispo, voiced opposition to the City’s prohibition on overnight sleeping in vehicles; stated that the City of Los Angeles has determined that such activities are not illegal. Eric Veium, San Luis Obispo, invited the community to attend a workshop on Community Choice Aggregation scheduled for July 24, 2014 at the Library; advised that Mr. Steelman will be available for an in-depth discussion on the subject with Council or staff. The following individuals addressed Council to urge that the City agendize consideration of providing financial support for the Pismo Preserve: Christine Harvey, Pismo Beach Kaila Dettman, Executive Director San Luis Obispo Land Conservancy Wende David, San Luis Obispo Land Conservancy Daniel Bohlman, San Luis Obispo Land Conservancy C2 - 25 City Council Meeting Minutes – July 15, 2014 Page 3 Penny Rappa, Avila Beach Rob DeGraff, San Luis Obispo Land Conservancy Michelle Tasseff, San Luis Obispo Christopher Helenius, San Luis Obispo Land Conservancy Herb Kandel, San Luis Obispo Land Conservancy By Council consensus, Council directed staff to agendize consideration of the Pismo Preserve for August 19, 2014. CONSENT AGENDA Pete Evans, San Luis Obispo, asserted that the proposed amendments to Title 17 related to bedroom definitions and regulations for guest quarters (Item C4) are burdensome and unnecessary. Jessica Holada, representing Cal Poly Kennedy Library, voiced support for the donation of police ledgers (Item C6) to the library; noted that the library will achieve, digitize, and protect the documents. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETING OF JUNE 10, 2014 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meeting of June 10, 2014. C2 - 26 City Council Meeting Minutes – July 15, 2014 Page 4 C3. APPROVAL OF WORLD TRADE CENTER MEMORIAL PUBLIC ART DESIGN AND PUBLIC ART CONTRACT - SPECIFICATION NO. 91018 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Conceptually approve the public art design “Standing Tall” for the City of San Luis Obispo World Trade Center Memorial public art project for the City’s Emergency Dispatch Communications Center and Fire Station No. 1 located at 2160 Santa Barbara Avenue. 2. Award a public art contract with Kathleen Caricof in the amount of $62,000 for the design, fabrication and installation of the World Trade Center Memorial public art project, Specification No. 91018. 3. Approve the use and transfer of Public Art Completed Projects funding in the amount of $16,350 to the World Trade Center Memorial projects’ construction phase for site preparation. C4. ORDINANCE ADOPTION - AMENDING MUNICIPAL CODE TITLE 17: ZONING REGULATIONS, ASSOCIATED WITH THE BEDROOM DEFINITION, REGULATIONS FOR GUEST QUARTERS AND ACCESSORY STRUCTURES, AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1606 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo amending Title 17 (Zoning Regulations) of the Municipal Code associated with the bedroom definition, guest quarters and accessory structure regulations and zoning amendment initiations with a Categorical Exemption From Environmental Review (GPA 110-14).” (Intro. on 7/1/14) C5. PARKING METER COIN COLLECTION SERVICES REQUEST FOR PROPOSAL - SPECIFICATION NO. 91291 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Authorize issuance of a Request for Proposal (RFP) for parking meter coin collection services. 2. Authorize the City Manager to execute an agreement of up to $57,300 to perform parking meter coin collection services. C2 - 27 City Council Meeting Minutes – July 15, 2014 Page 5 C6. GIFT OF HISTORICAL POLICE LEDGERS TO CAL POLY KENNEDY LIBRARY SPECIAL COLLECTIONS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER SMITH VOTING NO), to authorize the transfer of ownership of thirty-six (36) ledgers from the Police Department to Cal Poly Kennedy Library - Special Collections for preservation and digitizing for public access. C7. CRIME PREVENTION MEDIA SERVICES REQUEST FOR PROPOSAL – SPECIFICATION NO. 91302 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Authorize the release of a Request for Proposal (RFP) for crime prevention and community outreach marketing services for Fiscal Year 2014-2015 in an amount not to exceed $20,000, with the option to extend two additional years. (Specification No. 91302). 2. Authorize the City Manager to execute an agreement with the selected vendor. C8. REQUEST FOR QUALIFICATIONS - LAND SURVEYING, ARCHITECTURE, CIVIL ENGINEERING, AND PROPERTY ACQUISITION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Approve the Request for Qualifications (RFQ) to provide: a. Land Surveying Services, Specification No. 100.50410.7227.LS b. Architecture Design Services, Specification No. 100.50410.7227.AD c. Civil Engineering Services, Specification No. 100.50410.7227.CE d. Property Acquisition Services, Specification No. 100.50410.7227.ROW 2. Authorize the City Manager to execute agreements with selected consulting firms. 3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contracts in an amount not-to-exceed the authorized project budget. C2 - 28 City Council Meeting Minutes – July 15, 2014 Page 6 C9. AWARD OF CONTRACT FOR BOND AND DISCLOSURE COUNSEL SERVICES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Approve the agreement with Orrick, Herrington & Sutcliffe LLP for bond counsel and disclosure counsel services, with the stipulation that it shall be amended by the City Attorney to waive the requirement for elimination of the self-insured retention (SIR) and require the law firm to provide periodic access to its financial reports to ensure that it maintains resources sufficient to allow it to cover the SIR over the life of the agreement. 2. Authorize the City Manager to execute the agreement and subsequent amendments. C10. POLICE DEPARTMENT HVAC REPLACEMENT - SPECIFICATION NO. 91251 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Award a contract to Smith Electric Service in the amount of $148,953 for the Police Department HVAC Replacement, Specification No. 91251. 2. Approve a transfer of $5,178 from the CIP Completed Projects account to the project account. C11. ORDINANCE ADOPTION – AN ORDINANCE TO BE SUBMITTED TO THE VOTERS EXTENDING THE ESSENTIAL SERVICES TRANSACTIONS (SALES) AND USE TAX FOR AN ADDITIONAL EIGHT YEARS MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO, to adopt Ordinance No. 1604 (2014 Series) entitled “An Ordinance of the City Council and the people of the City of San Luis Obispo, California, amending Chapter 3.15 of the Municipal Code to extend the existing ‘Essential Services Transactions (Sales) and Use Tax’ for an additional eight years (March 31, 2023), to be administered by the State Board of Equalization; update the purpose statement; and provide for additional citizen oversight and accounting transparency.” (Intro. on 7/1/14) C2 - 29 City Council Meeting Minutes – July 15, 2014 Page 7 C12. ORDINANCE ADOPTION - ESTABLISHING THE CITIZENS’ REVENUE ENHANCEMENT OVERSIGHT COMMISSION (REOC) MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO), to adopt Ordinance No. 1605 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, establishing the Citizens’ Revenue Enhancement Oversight Commission (REOC).” (Intro. on 7/1/14) PUBLIC HEARINGS B1. LAGUNA LAKE NATURAL RESERVE CONSERVATION PLAN - RESOLUTION Assistant City Manager Codron and Natural Resource Manager Hill narrated a presentation entitled “Laguna Lake Natural Reserve Conservation Plan” and responded to Council inquires. Mayor Marx opened the Public Hearing. Art Dickerson, San Luis Obispo, pointed out that the lake is a destination point for residents and visitors Jonathan Lindenthaler, San Luis Obispo, voiced support for the proposed plan and urged Council approval; noted that recycled water is used for irrigation at the park site and that water could be diverted to fill the lake. Brett Cross, San Luis Obispo, voiced support for filling the lake with recycled water and recommended that Council approve the conservation plan; conveyed support for creating a camp ground to offset the costs of lake maintenance. David Miller, San Luis Obispo, expressed support for immediately dredging the lake and filling with fish. Gerald Craig, San Luis Obispo, voiced support for a community group to evaluate the permitting issues, lake restoration, and the possibility of establishing a financing district. Paul Bonjour, San Luis Obispo, urged Council to approve the proposed plan and to take immediate action to address the deferred maintenance of the lake. John Smigelski, San Luis Obispo, opined that residents near the lake are open to the possibility of an assessment for the restoration of the lake; opined that the lake is a regional resource and that the County should make financial contributions to its maintenance. C2 - 30 City Council Meeting Minutes – July 15, 2014 Page 8 Rob Davidson, San Luis Obispo, commended staff for its efforts to develop the subject plan; stressed the importance of addressing the ongoing maintenance needs of the lake. Jan Simek, San Luis Obispo, suggested that a chemical analysis should be conducted on the dredging materials; voiced support for an assessment district to support the maintenance of the lake. Ralph Lewis, Atascadero, support the plan to enhance the lake area; improper to assess the property owners near the lake, opining that lake is an asset to the region. Don Green, San Luis Obispo, support the conservation plan; noted that property owners support the maintenance of the lake due to knowing the beauty of the lake on a daily basis; noted that views of the lake are blocked by overgrown vegetation; set in motion the implementation of the plan. Donald Hedrick, San Luis Obispo, properties benefiting to the diversion of the creek should be assessed; dredging of the lake should accomplish a 15-20’ depth; need to engineer the lake to make it deeper. Theo Jones, San Luis Obispo, urged Council to take action to improve the lake; noted that the lake is a city lake and is a city responsibility; no other community group that is assessed to maintain a natural resource. Jim Folly, San Luis Obispo, noted that there is alternative methods of dredging the lake and disposing of the spoils; stressed the need to take action to implement the project. Thomas Wheeler, San Luis Obispo, lake is a rare and valuable resource; important project. Gordon Mullin, San Luis Obispo, Council has an opportunity to take action to improve the lake; need support of the Council and community to take action. Ermina Gibson, San Luis Obispo, urged Council to take action and to improve and maintain the lake; City needs to fulfill the obligations of owning the lake. David Gibson, San Luis Obispo, noted that he used to fish and can now walk across the lake. KC Lim, San Luis Obispo, recalled fishing at the lake as a child; spoke on the potential for positive experiences for families and visitors; noted that properties around the lake pay more in taxes due to the higher property values. C2 - 31 City Council Meeting Minutes – July 15, 2014 Page 9 There being no others desiring to speak on this item, the Public Hearing was closed. RECESS Council recessed at 8:17 p.m. and reconvened at 8:35 p.m., with all Council Members present. In response to Council inquiries, Natural Resources Manager Hill spoke on the permitting challenges to dredging and utilizing recycled water to fill the lake; pointed out that Laguna Lake is critical habitat for several endangered/threatened plants and animals; advised that the City has previously taken soil samples and found that chemical compositions are consistent with natural sediment; explained that the plan includes trail accessibility improvements, but may not be compliant with the Americans with Disabilities Act. MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Adopt a Resolution No. 10547 (2014 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Laguna Lake Natural Reserve Conservation Plan and adopting a Negative Declaration.” 2. Approve a Negative Declaration of environmental impact for the Project. B2. MEASURE Y CONTINGENCY PLAN AND IMPACT ANALYSIS Finance and Information Technology Director Padilla and Budget Manager Lamers narrated a presentation entitled “Measure Y Contingency Plan and Impact Analysis” and responded to Council inquires. Gordon Mullin, San Luis Obispo, voiced concern that it is not possible to identify specific programs that utilized Measure Y funds. Steve Barasch, San Luis Obispo, asserted that a majority of Measure Y funds cannot be attributed to a specific Capital Improvement Project and that operating costs have grown disproportionate to population growth. Council received and filed the update to the contingency planning process to address the possible loss of the half-percent sales tax (Measure Y) revenue stream and the presentation of an impact analysis resulting from a significant loss in revenue. C2 - 32 City Council Meeting Minutes – July 15, 2014 Page 10 B3. HIGHLAND ENTRY MONUMENT Director of Public Works Grigsby and Senior Civil Engineer Fraser narrated a presentation entitled “Highland Entry Monument” and responded to Council inquires. Donald Hedrick, San Luis Obispo, stated that the monument sign supports the City’s historic nature and welcomes visitors and tourist. Gordon Mullin, San Luis Obispo, questioned, and received clarification that the proposed entry monument is approximately 37’ by 20’ and an estimated cost of $249,000. For the record, Council Member Smith noted that she does not support taking funding form the directional signage program to fund the subject monument sign. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND SMITH VOTING NO), to: 1. Approve funding transfers to the City Gateways project construction account totaling $125,000 as follows: a) $15,000 from the City Gateways design account. b) $55,000 from the Completed Projects account. c) $55,000 from the Directional Sign Program project accounts ($30,000 from design and $25,000 from construction) 2. Approve a $125,000 match, as requested by the San Luis Obispo Council of Governments, in support of construction of the Highland Entry Monument project. 3. Direct staff to return funds back to original accounts, in the event the Highland Entry Monument Project does not move forward or comes under budget. 4. Direct staff to submit Capital Improvement Project (CIP) Requests in the 2015-17 budget process to replace the $55,000 Directional Sign Program funds. C2 - 33 City Council Meeting Minutes – July 15, 2014 Page 11 LIAISON REPORTS Council liaison reports were received from Council Members Ashbaugh and Smith and Mayor Marx. COUNCIL COMMUNICATIONS City Council, Mayor Marx and City Attorney Dietrick reported on the status of request to the Fair Political Practices Commission (FPPC) for conflict of interest determinations. ADJOURNMENT The City Council adjourned at 10:10 p.m., to a Special Meeting to be held on Tuesday, August 19, 2014 at 4:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. The Regular Meeting will commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California __________________________ Anthony J. Mejia City Clerk APPROVED BY COUNCIL: XX/XX/14 C2 - 34