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HomeMy WebLinkAbout04/07/2009, C1 - MINUTES MEEThw" AGENDA DATE Q ITEM # C I MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 17, 2009 —5:45 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ANNOUNCEMENT OF CLOSED SESSION TOPIC —W — City Attorney Lowell announced the following Closed Session topic: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons Employee Organizations: San Luis Obispo City Employees Association (SLOCEA) San Luis Obispo Police Officers Association (SLOPOA) San Luis Obispo Police Staff Officers Association (SLOPSOA) San Luis Obispo Fire Association (Fire) San Luis Obispo Fire Battalion Chiefs Association Unrepresented Confidential Employees Unrepresented Management Employees PUBLIC COMMENT ON CLOSED SESSION ITEM. No comments were forthcoming and Council adjourned to the Closed Session. CLOSED SESSION REPORT City Attomey Lowell reported on the Closed Session at the commencement of the Regular meeting. The Special Meeting adjourned at 6:50 p.m. UKAFT � � City Council Meeting Page 2 Tuesday, February 17, 2009 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 17, 2009 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell; City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper; City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT City Attorney Lowell reported that Council met in Closed Session as indicated above and provided direction to its labor negotiators. No further action was taken. ---------------- PRESENTATION Mayor Romero Presented_Maria Shulman volunteer with the Feline Network of the Central Coast, with a proclamation acknowledging February 26, 2009, as "Spay Day USA." APPOINTMENTS Al. APPOINTMENTS TO THE JOINT USE OF RECREATIONAL FACILITIES COMMITTEE (JUC). Vice Mayor Settle reported on the recommendation. Per a memorandum from the staff (on file in the City Clerk's office), the JUC Subcommittee is recommending appointment of Stephen Cairns instead of Suzan Ehdai, as originally proposed, who will be recommended in March for appointment to the Architectural Review Commission. ACTION: Moved by Settle/Ashbaugh to make the following appointments to the Joint Use of Recreational Facilities Committee (JUC): 1. Appoint Stew Jenkins to a term expiring March 31, 2011. 2. Appoint Stephen Cairns to a term expiring March 31, 2010; motion carried 5`0. ®RAS a � ► -� City Council Meeting Page 3 Tuesday, February 17, 2009 PUBLIC COMMENT Christian Pereira, Director of Operations for Silverado Stages, suggested that the City could be gaining additional revenue by allowing overnight parking, particularly next to the Amtrak Station. Mayor Romero asked staff to provide a memo responding to this suggestion. CONSENT AGENDA Council Member Ashbauqh indicated that because he was absent on January 20 he would abstain on voting on those minutes. ACTION: Moved by Settle/Ashbaugh to approve the Consent Agenda as indicated below. C1. MINUTES OF JANUARY 20 AND JANUARY 31 2009. (HOOPER) ACTION: Moved by Settle/Ashbaugh to waive the oral reading and approve the minutes as presented; motion carried 4:0:1 (Ashbaugh abstaining) for the minutes of January 20 and 5:0 for the minutes of January 31. C2. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL.GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR THE PROJECT KNOWN AS FROOM RANCH ACQUISITION. ACTION: Moved by Settle/Ashbaugh to adopt Resolution No. 10056 (2009 Series) authorizing staff to complete and submit an application for grant monies in the amount of$200,000 from the Land and Water Conservation Fund, which would be used in support of the acquisition of a 310 acre portion of the Froom Ranch in the Irish Hills; motion carried 5:0. C3. FLEET MANAGEMENT POLICY UPDATE. ACTION: Moved by Settle/Ashbaugh to adopt Resolution No. 10057 (2009 Series) approving an updated Fleet Management Policy; motion carried 5:0. C4. PARTICIPATION IN THE CALIFORNIA ENERGY COMMISSION'S ENERGY PARTNERSHIP PROGRAM. ACTION: Moved by Settle/Ashbaugh to adopt Resolution No. 10058 (2009 Series) authorizing: 1. The City of San Luis Obispo's participation in the California Energy Commission's Energy Partnership Program. 2. The Utilities Director to execute all the necessary documents to implement and carry out the purposes of the program; motion carried 5:0. Rri �� -3 City Council Meeting_ Page 4 Tuesday, February 17, 2009 C5. LAN DSCAPE_MAINTENANCE SERVICES REQUEST FOR PROPOSALS ACTION: Moved by Settle/Ashbaugh to: 1. Approve the request for proposals for landscape maintenance services. 2. Authorize staff to advertise for proposals. 3. Direct staff to bring the award of contracts back to the City Council for final approval; motion carried 5:0. C6. UTILITY TRENCH REPAIR 2008-09, SPECIFICATION NO. 90896. ACTION: Moved by Settle/Ashbaugh to: 1. Approve plans and specifications for Utility Trench Repair 2008-09, Specification No. 90896. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of$300,000; motion carried 5:0. PUBLIC HEARINGS PHI. REVIEW OF A USE PERMIT TO ALLOW A NEW BUILDING FOR THE ART CENTER LOCATED WITHIN THE.DOWNTOWN HISTORIC DISTRICT AND SPECIAL CONSIDERATION OVERLAY ZONE (1010 BROAD STREET; U-1I1- 0 Associate Planner Dunsmore and Community Development Director Mandeville presented the agenda.report and responded to questions. Mayor Romero opened the public hearing. Bruce Fraser, applicant's representative, spoke on behalf of the project. He disagreed with staffs review and expressed concern regarding the City's inflexibility on this project. He discussed the uniqueness of the proposed facility and its mission, and asked Council to approve the Use Permit as recommended by the Planning Commission. Wayne Barcelon, Barcelon &Jang Architects, displayed drawings and discussed the design of the project as well as site specific influences. The following people spoke in favor of the project as proposed by the Planning Commission: Michael Boudreau, San Luis Obispo resident and former member of the Architectural Review Commission Jack Biesek, area resident and design consultant Nixson Borah, current resident of Atascadero and former resident of the City Joseph Timmons, President of the Art Center Board of Directors Karen Kile, Executive Director of Art Center Robert Seeley, San Luis Obispo business owner and former member of the Downtown Association Design Committee Board of Directors DRAB 91 n cI—q ( I 1 City Council Meeting Page 5 Tuesday, February 17, 2009 David Dubbink, San Luis Obispo business owner Carl Dudley, San Luis Obispo Erik Kardel, San Luis Obispo Amy Kardel, San Luis Obispo Ken Schwartz, resident and former Council Member Pierre Rademaker, San Luis Obispo Dave Garth, speaking as a resident Joanne Beaule Ruggles, San Luis Obispo Deborah Cash, Executive Director of the Downtown Association Erik Justesen, San Luis Obispo Ermina Karim, representing the Chamber of Commerce Joseoh.Abrahams, San Luis Obispo (Mr. Abrahams suggested, however, that the 50-foot height from the creek level is excessive.) Diane Blakesly Broceta, San Luis Obispo (Ms. Broceta spoke against referring the project back to the Architectural Review Commission to review minor design changes.) Steve Barasch, San Luis Obispo, said he generally supported the project, but suggested there is a broader issue to consider; i.e., whether there are cultural land marks or icons that are appropriate in a downtown historic district and whether a mix of styles can be compatible with the present architectural styles that exist in the historic district. The speakers listed below opposed the project. Their concerns included, in part, that the scale is inappropriate for its location, that the building would be a better fit in a different location, that it does not comply with the requirements of the GeneralPlan, and that it doesn't reflect the historic downtown: Allan Coopec, representing Save Our Downtown Sara McEre,San Luis Obispo Diane Duenow, San Luis Obispo Jim Duenow, San Luis Obispo Gary Fowler, San Luis Obispo Mayor Romero closed the public hearing. Staff made some general observations related to the public comments and responded to questions. During the ensuing discussion Council Members expressed concerns, but generally supported the proposal. With the exception of Mayor Romero's concerns about the shape and height of the atrium, these concerns were addressed in revised language incorporated into the resolution that was presented to Council following the recess. Council recessed from 1.0:10 to 10:30 p.m. and the meeting reconvened with all members present. City Attorney Lowell reviewed the revisions to the proposed resolution as follows: AFg C, l - 5 City Council Meeting Page 6 Tuesday, February 17, 2009 Sestiea � . Approval. The request to allow the Use Permit to construct a new building for the Art Center located in the S-Overlay zone is hereby approved, based on the following findings and subject to the conditions set forth below: Findings: 1. The proposed new building is compatible or complementary to structures on adjacent properties as required by Ordinance 1514 since, as conditioned, the building massing, articulation, exterior materials and roof incorporate materials and colors that are sympathetic to nearby historic structures, specifically the Mission and the Carnegie Library. 2. As conditioned, the proposed new building is consistent with General Plan Conservation and Open Space Element Policies that are designed to protect and enhance the City's historic districts. Furthermore, the addition of new landscaping will enable the building to blend into its setting adjacent to the creek and surrounding riparian vegetation. 3. As conditioned, the proposed new building is consistent with the Historic Preservation Guidelines which require that new primary structures within Historical Preservation Districts should further promote the historic character of those areas-4A this ease, in that the building design contrasts with the existing historic buildings, thereby highlighting the unique architecture and monumental status of each. 4. As conditioned, the proposed building design is consistent with the Community Design Guidelines since the height and scale of the proposed new structure complements existing adjacent buildings and will provide human scale and proportion. 5. The specific site of this project provides a sylvan setting within the Downtown District that is unique and different from retail storefronts that are characteristic of much of the Downtown Historic District 56. The development project does not require additional environmental review because the rezoning of the property (Resolution 9975) examined the Art Center proposal in an environmental initial study and a Mitigated Negative Declaration for the project was approved by City Council. Conditions: The project shall return to the Architectural Review Commission to assure that the exterior color, texture and materials are compatible with the setting, and to consider adding pedestrian scale to the building on Broad and on Monterey Streets through art display windows, sculptural elements, or landscape features that help interpret the primary function of the building as a center for art [)RAP OF i -� City Council Meeting Page 7 Tuesday, February 17, 2009 h. Addi+ieeel +ev+,ire shell be I rl d iR the )d +eRe -- + 1 that the t )dupe of the M;It 'el mqn be visible f the 6tFeet. II/len+erey StFee+ ACTION: Moved by Settle/Carter to adopt Resolution No. 10059 (2009 Series), with the modifications shown above, to approve the use permit based on findings and subject to conditions, including a condition to return to the Architectural Review Commission to review minor design changes; motion carried 5:0. City Manager Hampian suggested Council may want to consider incorporating more clearly into its policies what flexibility staff may have in interpreting compatibility and consistency when presented with special projects such as the Art Center in the future. While it was appropriate for Council to make the interpretations it did for this project, it would not have been appropriate for staff to do so in light of existing policies. A brief discussion followed, during which Council concurred that its action was not intended to set a precedent, but its determination was made specifically for this particular project because of its unique features, setting and circumstances in the downtown. PH2. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S APPROVAL OF A MIXED-USE PROJECT AT 399 FOOTHILL BOULEVARD (ARC 106-08) Deputy Community Development Director— Development Review Davidson presented the agenda report and responded to questions. Mayor Romero opened the public hearing. Steve and Stefanie Hilstein, appellants, explained why they thought the proposed parking is inadequate for the project, why the project could create a potential traffic hazard at the corner intersection, and why they thought the residential units contain the poential to create more bedrooms than planned. They also discussed concerns about the potential removal of trees. They stated for the record that they did not receive advance notification of the February 18, 2008, Architectural Review Commission meeting. Thom Braikovich, architect and representative for Dave Lopez, explained how the issues contained in the original appeal had been addressed, spoke in support of the project, and responded to questions. ktra C + -ft:� City Council Meeting Page 8 Tuesday, February 17, 2009 William Geiger, San Luis Obispo, spoke in support of the proposed project. Brett Cross, San Luis Obispo, expressed concern with the design and size of the second floor residential units, which have the potential for residents to convert these to two- bedrooms. Michael Bravo, builder, spoke in support of the project. David Lopez, applicant, discussed his unsuccessful attempts to contact the appellants so as to resolve their concerns. He pointed out that there are approximately four additional parking spaces along Tassajara Boulevard in addition to the ones referenced in the staff report. Mayor Romero closed the public hearing.. Council discussion followed regarding parking and the potential to convert space to an additional bedroom. However, a Council majority acknowledged that no variance is being requested and the project meets the City's requirements. Vice Mayor Settle concurred with the concerns expressed by the appellants and Mr. Cross. ACTION: Moved by Ashbaugh/Carter to adopt Resolution No. 10060 (2009 Series) denying the appeal, and upholding the Architectural Review Commission's action to approve the project at 399 Foothill Boulevard, based on findings, and subject to conditions; motion carried 4:1 (Settle opposed). -------------- COUNCIL LIAISON.REPORTS Council Member Marx reported on the February 4 San Luis Obispo Council of Government's meeting. Vice Mayor Settle reported on his attendance, with the City Manager, at the Chamber's sustainability subcommittee meeting this morning. Council Member Ashbaugh commented on his attendance at the Jack House Committee meeting last week. COMMUNICATIONS Vice Mayor Settle reported on activities of CalLafco. Council Member Marx referred her memo (on file in the.City Clerk's office) related to the banning of bottled water in City offices and suggested that this subject be added to a future agenda. DR Ara City Council Meeting `J Page 9 Tuesday, February 17,2009 There was not Council support to place this matter on an agenda. City.Manager Hampian and City Clerk Hooper confirmed that staff is mindful of the concerns that using bottled water creates and that an effort is being made to minimize its use. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:14 a.m. Audrey Hooper City Clerk APPROVED BY COUNCIL: 04/07/09 D MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 24, 2009 — 6:30 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Lowell announced following Closed Session: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: APN 002-436-009 NEGOTIATING PARTIES: City of San Luis Obispo: Jay Walter Landowner: Michael L. Blum Trust NEGOTIATIONS: Possible acquisition of property, terms and price PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Romero called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CLOSED SESSION REPORT City Attorney Lowell reported on the Closed Session at the commencement of the 7:00 p.m. Special Meeting as indicated below. The Special Meeting adjourned at 7:00 p.m. a C I - l o I f MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 24, 2009—7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call.. Other staff members presented reports or responded to questions as indicated in the minutes.. CLOSED SESSION REPORT City Attorney Lowell reported that Council met in Closed Session to discuss real property negotiations for property identified as APN 002-436-009 (Landowner, Michael L. Blum Trust). Council provided direction. No further reportable action was taken. BUSINESS ITEMS B7. 2008-09.MID-YEAR BUDGET REVIEW. City Manager Hampian introduced this item, following which Regional Public Affairs Manager Dave Mullinax discussed the status of the State budget; the Federal stimulus plan, and the ballot for the May 19 special election which will contain seven initiatives on the ballot to assist in resolving California's fiscal difficulties. He and City Manager Hampian also discussed the steps being taken to pursue funding for the City from the economic stimulus package, as well as the importance of maintaining a prudent reserve. Director.of Finance & Information Technology Statler presented an overview of the City s financial condition. He, City Manager Hampian and Public Works Director Walter responded to questions. Assistant City Manager Stanwyck presented the status of the Major City Goals and Objectives. Staff responded to questions. DRAFT � � - 11 City Council Meeting - Page 3 Tuesday, February 24, 2009 Public Comments No comments were forthcoming. —end of public comments-- ACTION: Moved by Carter/Marx to approve revenue and expenditure changes presented in the accompanying Mid-Year Budget Review document; motion carried 5:0. Council recessed at 8:25 p.m. and the meeting reconvened at 8:37 p.m. with all Council Members present. B2. COST OF SERVICES AND USER FEE STUDY. Director of Finance & Information Technology Statler presented the agenda report and responded to questions. Public Comments Leslie Halls, Past President of San Luis Obispo Property Owners Association and Executive Director of SLO County Builders Exchange, disagreed with the staff recommendation and suggested that the fee structure needs to be reformed. Two of her ideas included: 1) establishing a pre-application fee of$250 or$300, which could be credited back to the applicant when a project moved forward; and 2) raising appeal fees to achieve full cost recovery. Steve Barasch, speaking as a resident, expressed concern regarding the methodology used to develop the baseline study. He suggested that fees could be raised across the board with reasonable cost of living adjustments. He also suggested that consideration should be given to doing stepped fee increases. Mike Spangler, Past President of SLO Property Owners Association, explained why he thought this is an inappropriate time to increase development fees. —end of public comments— Council MemberAshbaugh supported the study and raised the possibility of phasing in some of the proposed increases over multiple years and of being sensitive to the impact these fees will have on the development industry. Council Member Carter spoke in support of enacting the fees in one step and suggested that the appeal fees need to be more realistic. He also suggested that there should be a more aggressive approach to raising Parks & Recreation fees. Ar'12CJ i City Council Meeting l Page 4 Tuesday, February 24, 2009 Vice Mayor Settle explained why he is not supportive of the proposed fees or accelerating the implementation of them before Council has been presented with proposals for balancing the budget. He expressed concern regarding the methodology of the study, as well as the potential for discouraging businesses if the fees are increased. He supported the current appeal fee. Council Member Marx suggested that raising recreation fees should be done cautiously. She expressed concern about raising the fee for appeals of Tree Committee actions and suggested that appeal fees should be raised on a case-by- case basis. She made a number of suggestions for increasing revenue and concurred with Vice Mayor Settle's comments regarding the potential for discouraging local businesses with an increase in fees. Mayor Romero expressed concern regarding a number of the proposed fees and suggested that it is important to take into consideration what other cities are charging, particiularly related to fees for encroachment, curb, gutter and sidewalks. He supportedincreasing the appeal fee. He suggested that consideration of these fees should be given at the time the budget is considered. City Manager Hampian summarized Council's comments, indicating that there is consensus not to expedite the implementation of these fees, but to wait until there is-more clarity related to the budget and how the proposed fees would be used to assist in balancing the budget. He said staff will develop some hypothetical examples of the impact of the proposed fees on development and return to Council on April 14 with specific recommendations regarding the fee increases. An increase to the appeal fee will be discussed more on April 14. ACTION: The results of the study were presented. No further action was required. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:25 p.m.. Audrey Hooper City Clerk APPROVED BY COUNCIL: 04/07/09 DRAT o � � - � MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, FEBRUARY 25, 2009 — 12:00 NOON COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Audrey Hooper, City Clerk, was present for the Call to Order, Roll Call, Announcement of the Closed Session Topic, and Public Comment period. ANNOUNCEMENT OF CLOSED SESSION TOPIC PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 Public Employee: City Manager City Attorney Agency Negotiators: Monica Irons John Shannon Mary Egan PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Romero called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CLOSED SESSION REPORT Mayor Romero reported that the Closed Session was held as indicated. No reportable action was taken. ----------------- --------- There being no further business to come before the City Council, Mayor Romero adjourned the meeting at approximately 1:45 p.m. Audrey Hooper City Clerk APPROVED BY COUNCIL: 04/07/09 OF C1 - ►'L+ MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 3, 2009 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 6:00 P.M. - SPECIAL MEETING ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CONSENT AGENDA Consent Agenda Items C3 and C5 were pulled for discussion. Council Member Marx stated that she would abstain on item C1 as it was not clear whether a mobile home which she owns within the park is within the 500-foot radius of the project. Mayor Romero stated that he would abstain on item C2 because the project is within the vicinity of his residence. ACTION: Moved by Settle/Carter to approve items C1, C2, and C4 of the Consent Agenda as indicated below. C1. THIRD PARTY REIMBURSEMENT AGREEMENT WITH CHEVRON. ACTION: Moved by Settle/Carter to: 1. Approve a Third Party Reimbursement Agreement with Chevron to create financial information associated with the development of property owned by Chevron in the Airport Area. 2. Appropriate $21,000 from the Airport.Area Impact Fee Fund to cover the cost of consultant services to update the Airport Area Specific Plan financing plan; motion carried 4:0:1 (Marx abstaining). CHS City Council Meeting _ Page 2 Tuesday, March 3, 2009 C2. FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2570 —A 13 LOT RESIDENTIAL SUBDIVISION AT 2070 FIXLINI STREET AND JOHNSON AVENUE— (DUNES VALLEY VIEW LLQ. ACTION: Moved by Settle/Carter to adopt Resolution No. 10061 (2009 Series) accepting the public improvements, certifying completion of the required private improvements, and reducing the outstanding sureties for Tract 2570; motion carried 4:0:1 (Romero abstaining). Item C3 was pulled for discussion. C3. APPROVAL OF PUBLIC ART FOR BUENA VISTA AT MONTEREY ROAD REALIGNMENT PROJECT. CAO Hampian explained why staff believes it is important that this project should proceed at this time. The following speakers, while not opposed to the art, objected to its proposed location: Gary Fowler, San Luis Obispo Pragna Patel, owner of the Days Inn The following speakers spoke in support of the proposal: Ken Schwartz, San Luis Obispo Pierre Rademaker, San Luis Obispo Sandra Rowley, San Luis Obispo, opposed the project because of its cost. Council discussion ensued, during which staff responded to questions regarding the funding of public art projects and why it was determined that the proposed location for this project was appropriate. Staff also confirmed that this project could be completed without the use of general fund monies. Vice Mayor Settle stated for the record that he opposed the timing of this project, preferring to defer its approval until after the 2009-11 City budget has been presented. Mayor Romero opposed the location of the project because of traffic concerns. ACTION: Moved by Carter/Ashbaugh to approve the following recommendations on the condition that only "private" funds (i.e., from the art in-lieu program) be used for this project: 1. As recommended by the Public Art Jury and the Architectural Review Commission (ARC), approve the public art piece entitled Bequest for the road realignment project at Buena Vista at Monterey streets using only private funds. 2. Authorize the City Manager to execute an agreement with the artist for $88,000 for completion of the project; motion carried 3:2 (Romero/Settle opposed). City Council Meeting Page 3 Tuesday, March 3, 2009 C4. MARKETING SERVICES CONTRACT FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT. ACTION: Moved by Settle/Carter to: 1. As recommended by the Tourism Business Improvement District (TBID) Board, award the contract for Marketing Services of the TBID (Specification No. 90895) to Level Studios. 2. Authorize the Mayor to execute the contract; motion carried 5:0. Item C5 was pulled for discussion. C5. 2009-11 CULTURAL ACTIVITIES GRANTS-IN-AID FUNDING. A brief discussion ensued during which Promotional Coordinating Committee (PCC) Chairperson Kate Norton and Finance and-Information Technology Director Statler responded to questions regarding funding provided by the Tourism Business Improvement District (TBID), the tiered approach to the grant criteria, and Council's ability to fund a lesser amount in the context of the 2009-11 budget process. ACTION: Moved by Carter/Settle to, as recommended by the Promotional Coordinating Committee (PCC): 1. Conceptually approve the 2009-11 grants-in-aid (GIA) allocation for cultural, recreational, and social activities in the amount of$100,000 with final approval of the exact amount as part of the adoption of the 2009-11 Financial Plan. 2. Approve opening the grant cycle on March 4, 2009, and advertise grant availability. 3. Approve a new tiered approach to the grant criteria to better assess applications and encourage collaboration and event presence for San Luis Obispo; motion carried 5:0. Council's approval included direction to the PCC to communicate with applicants that this is conceptual approval only and the $100,000 allocation may be reduced. Council further directed that the PCC should develop a priority ranking or banding of its recommendations to assist Council in making its final funding decisions. BUSINESS ITEMS The Agenda was reordered to consider B2 prior to item B1. 132. PUBLIC SAFETY COMMUNICATIONS AND EMERGENCY OPERATIONS CENTER FINANCING.. Finance and Information Technology Director Statler and Finance Manager Malicoat presented the agenda report and responded to questions. Public Comments None were forthcoming. —end of public comments— ED*Q A F8 CH City Council Meeting Page 4 Tuesday, March 3, 2009 ACTION: Moved by Marx/Settle to: 1. Adopt Resolution No. 10062 (2009 Series) approving the issuance of lease-revenue bonds to assist in financing the Public Safety Communications and Emergency Operations Center project. 2. Revise the project budget and funding sources downward based on favorable bid results; motion carried 5:0. The Capital Improvement Board meeting was called to order. B1. MEETING OF THE CAPITAL IMPROVEMENT BOARD Finance and Information.Technology Director Statler and Finance Manager Malicoat presented the agenda report and responded to questions. Public Comments No comments were forthcoming. —end of public comments— ACTION: Moved by Settle/Marx to: 1. Approve minutes of meeting held on May 6, 2008. 2. Elect officers for the Capital Improvement Board (President and Vice President). 3. Adopt Resolution No. 10063 (2009 Series) approving the issuance of lease-revenue bonds to assist in financing the Public Safety Communications and Emergency Operations Center Project. 4. Adjourn to the next regular meeting; motion carried 5:0. 133. AD HOC PARKING FUND.REVIEW COMMITTEE FINDINGS AND RECOMMENDATIONS. ACTION: Moved by Marx/Settle to continue this matter to the meeting of March 17. No further action was taken. The Special Meeting adjourned at 7:05 p.m. ------------ ------- ---- 7:00 P.M. - REGULAR MEETING The Regular meeting commenced at 7:05 p.m., with all Council Members present. A brief discussion followed regarding the order of agenda items. Council concurred to hear Public Comments at the end of the meeting in order to accommodate the number of people present to speak on the Public Hearing and Business items first. C��r fl C1 - 18 City Council Meeting Page 5 Tuesday, March 3, 2009 PUBLIC HEARING PH1. CONSIDERATION OF 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI DRAFT FUNDING RECOMMENDATIONS AND REALLOCATION OF PRIOR YEAR CDBG FUNDS. Housing Programs Manager Codron presented the agenda report and responded to questions. He explained that the staff has revised its 2009 CDBG funding recommendation based on a $100,000 match offered by the Hind Foundation for the Railroad Museum (memo on file in the City Clerk's office). The staff recommendation for 2009 funding now concurs with the recommendation of the Human Relations Commission (HRC) to fund the Railroad Museum instead of the ADA curb ramps. He discussed the difference between staffs recommendation and the HRC recommendation with respect to funding reallocations. Mayor Romero opened the public hearing. At the inquiry of Council, a number of citizens raised their hands in support of the Railroad Museum. The following speakers discussed the merits of their grant applications: Edith Kahn, Executive Director of the Aids Support Network Brad LaRose, President of the SLO Railroad Museum Dee.Torres, Economic Opportunity Commission Homeless Services Sharon Kuhlenschmidt, President of Board of Directors of Judson Terrace Homes Loretta Fairbrother, President of Judson Terrace Association Roger Jump, Administrator of Judson Terrace Homes (Kevin White, James Miller, and Patrick Germany came forward to speak at this time. However, the item on which they wanted to speak, C5, Cultural Activities Grants-in-Aid Funding, was heard at and acted on during the special meeting held at 6:00 p.m. Therefore, their comments were not received.) Mayor Romero closed the public hearing. Discussion ensued during which staff responded to questions regarding the feasibility of Judson Terrace Homes applying for assistance from the affordable housing fund for its termite treatment and rehabilitation project. ACTION: Moved by Ashbaugh/Carter to adopt Resolution No. 10064 (2009 Series). The motion modified funding to include the HRC recommendation of$1.00,000 for the Railroad Museum and to direct Judson Terrace Homes to apply to the City for affordable housing fund assistance for its termite treatment project (5:0). City Council Meeting Page 6 Tuesday, March 3, 2009 BUSINESS ITEMS B4. BINDING ARBITRATION ELECTION OPTIONS City Manager Hampian, City Attorney Lowell, and City Clerk Hooper presented the agenda report and responded to questions. Public Comments Frank Alvarado, Ivev Alvarado, and Melinda Alvarado, Arroyo Grande, acknowledged the life-saving services the Fire Department provided in saving Ivey's life. Throughout the public comment.period, many speakers who opposed binding arbitration or supported a public opinion survey regarding this subject clarified that they placed a high value on the services public safety employees provide, but that they had fiscal concerns. The following speakers opposed binding arbitration. Dawn Phillips, San Luis Obispo Melinda Thomas, San Luis Obispo business owner (Ms. Thomas suggested a measure be placed on a ballot during a consolidated election.) Bill Almas, speaking as a San Luis Obispo resident (Mr. Almas suggested a measure be placed on the ballot for the November 2010 consolidated election.) The following speakers opposed binding arbitration, but supported conducting a public opinion survey before deciding whether to take this matter to the voters. Tim Williams, San Luis Obispo Erik Justesen, San Luis Obispo resident and business owner Tom Lebens, San Luis Obispo business owner and Chamber of Commerce President Thomas Lebens, San Luis Obispo Beth Lebens, San Luis Obispo Christine Mulholland, San Luis Obispo Dave Garth, representing the Chamber of Commerce Ermina Karim, representing the Chamber of Commerce The following speakers had differing viewpoints. Ron Malack suggested that there is a need for the binding arbitration process, but that either the citizens or the Council should make the final determination. Michelle Tasseff, San Luis Obispo resident and Santa Maria public safety employee asked Council to consider options 3, 4 and 5. r City Council Meeting Page 7 Tuesday, March 3, 2009 Paul Brown, San Luis Obispo, supported tabling this matter until Council has more clarity on solutions to the current budget situation and including public safety unions in developing those solutions. Tem Main did not discuss her support or opposition of binding arbitration, but supported conducting a public opinion survey to enable voters to be more informed and then providing voters with an opportunity to vote on this matter. Wesley McCree discussed his qualifications to become an arbitrator, but said that because an arbitrator combines the power of a judge, jury and executive in one person, he decided not to become one as that is too much power to give one person. The following speakers opposed submitting a ballot measure to the voters on the subject of binding arbitration or taking further action on this matter. Gary Fowler, San Luis Obispo Erik Baskin, President of Local Firefighers 3523 Matthew Blackstone, President of the SLO Police Officers Assembly Member Pedro Nava Jack O'Connell, San Luis Obispo (speaking as a resident), Steve Gonzalez, Member Board of Directors of Firefighters Local 3523 and Firefighter, read a letter of support from Congresswoman Lois Capps Jody Larson, Secretary of Local 3523 and Fire Captain/Paramedic, read a letter of support from Senator Abel Maldonado Mark Anselmi, Police Dispatcher Marilyn Venezuela, Executive Secretary-Treasurer of Tri-Counties Central Labor Council Len Swenson, Teamsters Local 381 Cory Black, read a letter of support from the SLO County Democratic Party Robert Cuthbert, Public Safety Commission in Santa Barbara County and activist Chris Mahon, representing the 2nd District of California Professional Firefighters and President of the Ventura County Firefighters Association. Fred Mills, former resident and current employee in San Luis Obispo Mike King, Vice President of Local 3523 and Firefighter Rik Grencik, Fire Captain Barbara Sims, Police employee ---end of public comments— Council recess from 9:30 to 9:45 p.m., following which the meeting reconvened with all members present. Vice Mayor Settle spoke in support of taking this matter back to the voters. His concerns related to the fiscal state of the City and the fiduciary responsibility of the City Council. He asked Council to support directing staff to return with a report on holding either a stand-alone or consolidated election. c �_a� City Council Meeting Page 8 Tuesday, March 3, 2009 Council Member Ashbaugh spoke in opposition to taking further action on this matter, particularly in light of the history of binding arbitration statewide and the impact and cost to the voters if Council were to place this measure on a ballot. Council Member Carter made a detailed PowerPoint presentation (on file in the City Clerk's office) on the City's current fiscal crisis and the impacts of binding arbitration. He discussed his continuing opposition to binding arbitration, but said he was not prepared to take action at this time. Instead, he wanted to table this matter until April 14. While he discussed the need for all the unions to assist in resolving the City's fiscal crisis, he stressed the need for the Police, particularly, and the Fire unions to step forward. Council Member Marx explained why she supported option 1, taking no action, although she initially opposed binding arbitration in 2000. She suggested that taking this matter to the voters should be a grassroots effort and not a Council action. She concurred that all unions should be part of the process for identifying budget solutions. Mayor Romero discussed his opposition to binding arbitration in 2000, but explained why he would support tabling this matter and bringing it back to Council when there is clarity regarding the budget situation. He also concurred that the Police and Fire unions, particularly, should play a serious role in assisting the City in resolving its fiscal problems. MattBlackstone and Erik Baskin assured Council that the Police and Fire unions are willing to come back to the table and discuss options and partner with the City on solving the current budget problems. Following a brief discussion, it was moved by Marx/Carter to take no action at this time and direct staff to work with all employee groups to help try to close the budget gap. In response to comments by Council Member Ashbaugh and Council Member Marx, with concurrence by Council Member Carter, the motion was amended to add the words "continue to" after"direct staff to." ACTION: Moved by Marx/Carter to take no action at this time but to direct staff to continue to work with all employee groups in an effort to close the budget gap (4:1, Settle opposed). PUBLIC COMMENT Dave Rodriquez, Northridge U.S. Census Office, discussed the 2010 census process and asked Council to place a proclamation on the next agenda declaring the City as a partner in the 2010 U.S. Census. Council directed Mr. Rodriguez to contact the City Clerk who will place the proclamation on an upcoming agenda. 12' ` D I I 1 City Council Meeting Page 9 Tuesday, March 3, 2009 Jules Rogoff, San Luis Obispo,submitted an article on neighborhood electric vehicles (on file in the City Clerk's office) and asked that a requirement be added to the City's zoning ordinance stipulating that a specific number of parking stations be installed with 110 volt parking for hybrid/electric vehicles when the project includes construction of a parking lot. Council concurred that staff should look into this possibility, including liability exposure. ---- COUNCIL-LIAISON REPORTS Mayor Romero reported on the Nacimiento project meeting held on February 26. Council Member Marx reported on the February 26, 2030 Workshop organized by SLO Green Build which she and Vice Mayor Settle attended. She also reported on the February 27 Regional Transit Authority (RTA) meeting and said she will be attending a SLO Council of Govemments/RTA meeting on March 4. A brief discussion followed regarding SB 375 (Redesigning Communities to Reduce Greenhouse Gases) and Council Member Ashbaugh noted that he hopes to attend a workshop on this subject on May 7. Council Member Ashbaugh reported on the re-opening of the Mission last week.. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:38. Audrey Hooper City Clerk APPROVED BY COUNCIL: 04/07/09 D-RA`Ir CI-m