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Home My WebLink About10/18/20111 MINUTES. . MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 18, 2011 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 5 :00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith and Mayor Jan Marx Vice Mayor John Ashbaugh recused himself from the discussion regarding San Luis Obispo Court Street, LLC, due to a conflict of interest and was seated at 6:00 p.m. City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Elaina Cano, 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 TOPICS City Attorney Dietrick announced the following Closed Session topics. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002 -416 -034 and 002 -416 -029 Negotiating Parties: City of San Luis Obispo: Katie Lichtig, Michael Codron, J. San Luis Obispo Court Street, LLC (aka San Luis Obispo Chinatown, LLC) Negotiations: Christine Dietrick, Claire Clark Tom Copeland, Suzanne Fryer, Mark Rawson Direction as to terms of payment on Option to Purchase Real Property Agreement CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9(b) City Council Meeting Tuesday, October 18, 2011 Page 2 One (1) potential action against the City challenging the State of California Department of Transportation's environmental determination regarding the Los Osos Valley Road /U.S. 101 Interchange Improvement Project CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) Pack Mechanical Corp. v. City of San Luis Obispo San Luis Obispo Superior Court Case No. CV100030 CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) Donald Sipple v The City of Alameda, et al. Los Angeles Superior Court Case No. BC462270 PUBLIC COMMENT ON CLOSED.-SESSION ITEMS Mayor Marx called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CLOSED SESSION REPORT City Attorney Dietrick reported on the Closed Session at the commencement of the. 7:00 p.m. Regular Meeting. The Closed Session adiourned at.6:50 p.m. 7:00 P.M. — REGULAR MEETING COUNCIL CHAMBER Mayor Marx called the regular meeting to order at 7:00 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss Property Negotiations, Anticipated Litigation, and Existing Litigation as indicated above. No reportable action was taken. PRESENTATIONS Mayor Marx presented proclamations to Police Officers Brent Inglehart and Eric Lincoln in recognition of their heroic actions resulting in the arrest of a homicide suspect. 1 City Council Meeting Page 3 Tuesday, October 18, 2011 PUBLIC COMMENT Kevin Rice, San Luis Obispo, spoke about his concerns regarding the cost for the new parking signs in the Downtown area. Victoria Carranza, San Luis Obispo, Moving Planet, spoke about the International Day of Action. Donald E. Hedrick, San Luis Obispo, spoke about the Brown Act, Robert's Rule of Order and Council meeting management. Mr. Hedrick also spoke about his concerns regarding the signs on Sacramento Drive. Gary Fowler, San Luis Obispo, thanked the Public Works Department for the paving projects. Mr. Fowler also spoke of his concerns regarding the new parking fees, the cost of implementing new parking signs and the construction of the Palm - Nipomo parking structure. Jody Frey, San Luis Obispo, spoke about Mayor Marx's participation in the Measure J campaign and suggested she not participate in any Copeland's LLC projects. Ms. Frey also spoke in support of the City's police and fire staff. Mayor Marx stated that due to her First Amendment rights, she legally participated in the No on Measure J campaign. Stew Jenkins, San Luis Obispo, spoke about his concerns regarding the cost for the new parking signs in the Downtown. Will Powers, San Luis Obispo, spoke about his concerns regarding the appeal procedures and the recruitment of the new Police Chief. CONSENT AGENDA Public Comment: There was no public comment. C1. MINUTES. ACTION: Moved by Ashbaugh /Carter to waive oral reading and approve as presented; motion carried 5:0. C2. MODIFICATION OF COMPENSATION FOR COUNCIL MEMBER DAN CARPENTER FOR HIS CURRENT TERM OF OFFICE. 1 City Council Meeting Page 4 Tuesday, October 18, 2011 ACTION: Moved by Ashbaugh /Carter to adopt Resolution No. 10307 (2011 Series) modifying the compensation of Council Member Dan Carpenter from $8,600 to $10,200, effective October 27, 2011, through the remainder of his term; motion carried 5:0. C3. ADOPTION OF ORDINANCE NO. 1569, GRANTING CONOCOPH PIPELINE COMPANY A FRANCHISE TO CONSTRUCT, OPERAI MAINTAIN PROPRIETARY PIPELINES FOR.THE TRANSPORTA OIL. AND OTHER SPECIFIED MATERIALS IN THE CITY OF SAn OBISPO. ACTION: Moved by Ashbaugh /Carter to adopt Ordinance No. 1569 (2011 Series) to renew an existing franchise agreement with ConocoPhillips, purusant to the provisions of Article X of the San Luis Obispo City Charter, Article XI, Section 9(b) of the California Constitution, and Section 39732(b) of the California Government Code; motion carried 5:0. C4. DONATION ACCEPTANCE — SOUND OFF SIGNAL. ACTION: Moved by Ashbaugh /Carter to accept a donation of emergency response equipment for a police patrol vehicle from Sound Off Signal for a value of less than $10,000; motion carried 5:0. C5. GRAND AVENUE /HIGHWAY SPECIFICATION NO. 00976. TALLATION, ACTION: Moved by Ashbaugh /Carter to award a contract to Lee Wilson Electric in the amount of $229,130.40 for the Grand Avenue /Highway 101 Traffic Signal Installation Project, Specification No. 90876; motion carried 5:0. 1. AT PUBLIC HEARINGS MOV Council Member Carpenter stated that he lives more than 500 feet and would participate in the Public Hearing. City Attorney Dietrick asked Council to report any ex parte communications with the appellants. Mayor Marx and all Council Members reported that they did not have any ex parte communications with the appellants. City Engineer. Lynch introduced this item, following which City Arborist Combs presented the agenda report and responded to Council questions. Mayor Marx opened the public hearing. City Council Meeting Page 5 Tuesday, October 18, 2011 Linda Blonsley, Arroyo Grande, owners of 1284 Ella Street, spoke in opposition to staff's recommendation. Matt Ritter, Chair of the Tree Committee, explained the Tree Committee's purvue regarding requests for tree removal, spoke in support of staffs recommendation and responded to Council questions. Mayor Marx closed the public hearing. Council Member Carpenter and Council Member Smith spoke in opposition to staffs recommendation due to safety concerns and undue hardship to the applicants. ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10308 2011 Series denying the appeal of the Tree Committee's decision to not allow the removal of a pine tree at 1284 Ella Street; motion carried 3:2, Carpenter /Smith opposed. 2. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT. Principal Administrative Analyst Elke presented the agenda report and responded to Council questions. Ms. Elke reported that there were no written protests received. Mayor Marx opened the public hearing. There were no public comments or written protests received. Mayor Marx closed the public hearing. ACTION: Moved by Ashbaugh /Carter to: 1) Conduct a public hearing to receive testimony regarding the City Council's intention to continue the citywide Tourism Business Improvement District. 2) Determine whether a legally sufficient protest is made. 3) Adopt Resolution No. 10309 (2011 Series) affirming the establishment of the San Luis Obispo Tourism Business Improvement District; setting forth the basis for the assessment, and levying the assessment upon hotels in the district for fiscal year 2011- 12 if a legally sufficient protest showing is not made; motion carried 5:0. 3. UPDATE TO SEWER USE ORDINANCE AND INDUSTRIAL DISCHARGE LIMITS. Utilities Director Mattingly introduced this item, following which Environmental Programs Manager Floyd presented the agenda report. Mayor Marx opened the public hearing. There was no public comment. City Council Meeting Tuesday, October 18, 2011 Page 6 Mayor Marx closed the public hearing. ACTION: Moved by Ashbaugh /Carter to introduce by title only, Ordinance No. 1570 (2011 Series) revising Chapter 13.08, Prohibited Discharges section of the Sewer Use Ordinance of the Municipal Code; motion carried 5:0. 4. SAN LUIS GAR ADJUSTMENT IPANY INTERIM YEAR SOLID WASTE RP Utilities Director Mattingly introduced this item, following which Utilities Deputy Director Horton presented the agenda report. Mayor Marx opened the public hearing. There were no public comments or additional written protests received. Mayor Marx closed the public hearing. ACTION: Moved by Carpenter /Smith to adopt Resolution No. 10310 (2011 Series) increasing solid waste rates by 4.62% for interim year 2011 effective on.November 1, . 2011; provided there is not a majority protest against such increase; motion carried 5:0. BUSINESS ITEMS 5. 2010 ANNUAL TRAFFIC SAFETY REPORT. Public Works Director Walter and Police Chief Linden introduced this item, following which Traffic Operations Manager Hudson presented the agenda report and responded to Council questions. Public Comments Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding traffic issues on Sacramento Drive. ---end of public comments - -- Public Works Director Walter and Traffic Operations Manager Hudson responded to Mr. Hedrick's concerns. Council Member Carter recognized the International Institute of Traffic Engineers Public Agency Achievement Award for Excellence in Traffic Safety presented to the Public Works Department. 1 City Council Meeting Page 7 Tuesday, October 18, 2011 ACTION: Council received and discussed the 20:10 Annual Traffic Safety Report and associated mitigation strategies. Council recessed at 9:00 p.m. and reconvened at 9:12 p.m. with all Council members present. 6. CITY WAYFINDING PROGRAM. Senior Civil Engineer Fraser presented the agenda report and responded to Council questions. Pierre Rademaker, Pierre Rademaker Design and Debbie Rudd, RRM Design Group, spoke about the City Wayfinding Program Signage System, differences in fonts, materials , difference in wayfinding signs, the City emblem and responded to Council questions. Public Comments Courtney Kienow, Chamber of Commerce, spoke in support of staffs recommendation. —end Hof public comments— Council discussion ensued during which they discussed the size of the Highland Drive/ Highway 1 monument sign , colors of the signs and posts, difference between the City emblem and the City seal, additional funding options and the expectation of bringing the Program to Council for approval at the plans and .specifications phase for project implementation. Council Member Carter spoke about his support for the concept of the program however, spoke in opposition to staffs recommendation regarding the monument sign due to the size and the color of the signs. ACTION: Moved by Ashbaugh /Carpenter to adopt Resolution No. 10311 (2011 Series) approving a City Wayfinding Program including an updated City emblem; (4:1) Carter opposed. ACTION: Moved by Ashbaugh /Carpenter approving the conceptual plans for an entry monument sign at the corner of Highland and Santa Rosa Street (Highway 1); (4:1) Carter opposed. ACTION: Moved by Carpenter /Ashbaugh to authorize the City Manager to implement the City Wayfinding Program within approved budgets with an expectation to bring Program to Council for approval at the plans and specifications phase for project implementation;( 5:0). City Council Meeting Page 8 Tuesday, October 18, 2011 ACTION: Moved by Smith /Carter to approve a transfer of $50,000 from the Community Promotions Operating budget for Contract Services to the Directional Sign Program capital project's construction account to support construction costs associated with the Directional Signage Program project; motion carried (5:0). COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Smith distributed a written report of her attendance at various meetings and events. This report will be kept on file with the original agenda packet. Vice Mayor Ashbaugh submitted his report prior to the Council meeting and is on file with the original agenda packet. Mayor Marx submitted her report prior to the Council meeting and is on file with the original agenda packet. Ms. Marx announced that the Central Coast Agricultural Network secured funding through a State grant. Council Member Carter submitted his report prior to the Council Meeting and is on .file with the original agenda packet. Mayor Marx announced that the ribbon cutting ceremony for the. "Missing Link" bike path will be held on October 19, 2011. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:53 p.m. laina Cano, CMC City Clerk APPROVED BY COUNCIL: 11/01/11 L1 MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 25, 2011 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice Mayor John Ashbaugh, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 6. ES BUSINESS ITEM rmum v%, i var-R City Manager Lichtig and City Attorney Dietrick presented the agenda report and responded to Council questions. Public Comments There was no public comment. —end of public comments— ACTION: Council provided staff with direction regarding changes to bring forward for possible incorporation into an update to the Council Policies and Procedures Manual. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:35 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: 11/15/11