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HomeMy WebLinkAbout09-17-2013 c1 minutes of 082013 and 090313 MEETING DATE: September 17, 2013 ITEM: C1 MINUTES CITY OF SAN LUIS OBISPO SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, August 20, 2013 Special Meeting - 5:00 P.M. Regular Meeting – 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California SPECIAL MEETING – 5:00 P.M. ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ------------------------------------------------------------------------------------------------------------------------ CLOSED SESSION CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN 070-304-005 Property Owner negotiator: Barrie and Melanie Cleveland City of San Luis Obispo Negotiators: Katie Lichtig, Michael Codron, Christine Dietrick, Robert Hill Negotiations: Provide direction regarding price and terms of a potential transaction CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN 053-151-016 Property Owner Negotiator: BNB, a California General Partnership City of San Luis Obispo Negotiators: Tim Bochum, Peggy Mandeville, J. Christine Dietrick, Andrea S. Visveshwara, Cathy Springford of Hamner, Jewell & Associates, Michael Yoshiba of Richard, Watson Gershon Negotiations: Provide direction to City negotiators regarding price and terms of payment C1 - 1 City Council Meeting Minutes Page 2 August 20, 2013 CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation Pursuant to Government Code § 54956.9 (d)(4) One (1) potential case: APN 053-151-016 CONFERENCE WITH LEGAL COUNSEL – Existing Litigation Pursuant to Government Code § 54956.9(a) Daniel McDow v. City of San Luis Obispo San Luis Obispo Superior Court Case No. CV 130381 PUBLIC COMMENT ON CLOSED SESSION ITEM: City Attorney Dietrick called for public comment. Mr. Cleveland spoke regarding their property. Closed Session adjourned to the regular meeting of Tuesday, August 20, 2013. ------------------------------------------------------------------------------------------------------------------------ PLEDGE OF ALLEGIANCE Vice Mayor Smith led the Pledge of Allegiance. ------------------------------------------------------------------------------------------------------------------------ REPORT FROM CLOSED SESSION City Attorney Dietrick stated there was no reportable action on property negotiations for ANP 070-304-005. Regarding property negotiations for ANP 053-151-016, BNB, Council authorized a negotiated agreement for purchase of a temporary construction easement at $35,000, which was also the subject of the anticipated litigation matter, concluding real property negotiations. MOTION: by Vice Mayor Smith/Council Member Carpenter. Roll Call Vote: 5-0. Motion Carried. Regarding the existing litigation, McDow vs City, MOTION: by Council Member Ashbaugh/Council Member Christianson, to authorize defense of the litigation seeking reinstatement. Roll Call Vote: 4-1, Council Member Carpenter opposed. Motion Carried. ------------------------------------------------------------------------------------------------------------------------ APPOINTMENT A1. APPOINTMENT OF RACHEL PATRANELLA TO THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD. – (SMITH/ASHBAUGH/SCHROEDER – 5 MINUTES) C1 - 2 City Council Meeting Minutes Page 3 August 20, 2013 RECOMMENDATION: Confirm appointment of Rachel Patranella to the Tourism Business Improvement District Board, to fill an unscheduled vacancy, term ending March 31, 2015. ACTION: Motion by Vice Mayor Smith/Council Member Ashbaugh to confirm the appointment of Rachel Patranella to the TBID, term to expire March 31, 2015. Roll Call Vote: 5-0. Motion Carried. A2. APPOINTMENT TO THE TREE COMMITTEE. – (ASHBAUGH/CARPENTER/SCHROEDER – 5 MINUTES) RECOMMENDATION: Confirm the appointment to the Tree Committee, term to expire March 31, 2017. ACTION: Motion by Council Member Carpenter/Council Member Ashbaugh to confirm the appointment of Trey Duffy to the Tree Committee, term to expire March 31, 2017. Roll Call Vote: 5-0. Motion Carried. ------------------------------------------------------------------------------------------------------------------------ PUBLIC COMMENT Steve Barash, San Luis Obispo, spoke about creditability of the neighborhood program and a citation that a neighbor received. He felt it was selective enforcement. John Webster, Transit Manager, thanked City for his service. Donald Hedrick, San Luis Obispo, spoke concerning employee turnover. William Powers, San Luis Obispo, spoke regarding leadership, ---end of public comments--- ------------------------------------------------------------------------------------------------------------------------ CONSENT CALENDAR Public Comments On Items On The Consent Calendar Steve Delmartini, San Luis Obispo, C3, spoke regarding sign regulations for garage sales. William Powers, San Luis Obispo, C5, spoke in opposition to the Bank America renewal and encouraged the City to shop locally. Leslie Halls, San Luis Obispo, C3, stated the item should not be on the consent calendar and spoke about garage sale regulations. C1 - 3 City Council Meeting Minutes Page 4 August 20, 2013 Steve Barasch, San Luis Obispo, C3, stated the proposed ordinance was adjusting zoning regulations and should not be on consent calendar. He also spoke to the definition of secondary dwellings. Donald Hedrick, San Luis Obispo, C5, stated opposition to the Bank of America agreement and felt the City should use more local efforts. Brittany A. J., spoke on homeless problems. ---end of public comments--- Vice Mayor Smith requested Items C3 and C5 be pulled for discussion. Vice Mayor Smith, speaking on Item C5, asked if staff considerd offering a one year contract so the City would have time to bid it out. Finance Director Padilla responded that the original agreement provided a three year extension, they did not look at a one year term. Vice Mayor Smith noted her concern that the City did not give the bank a one year term and then go to the bid process. ACTION: Motion by Council Member Ashbaugh/Council Member Christianson to approve the Consent Calendar Items C1 thru C8, minus C3. Item C8 was continued to a date uncertain. Roll Call Vote: 5-0. Motion Carried. C1. MINUTES OF TUESDAY, JULY 2, 2013 AND JULY 16, 2013. - (CODRON/SCHROEDER) RECOMMENDATION: ACTION: Approved by Consent Calendar Vote. C2. SAFETY ENHANCEMENT ZONE AMENDMENTS. (GESELL/WALLACE) RECOMMENDATION: Adopt Ordinance No. 1590 (2013 Series) amending the Safety Enhancement Zone to include the time period encompassing the annual start of school of Cal Poly University. ACTION: Approved by Consent Calendar Vote. C3. REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS. – (JOHNSON/LEVEILLE) C1 - 4 City Council Meeting Minutes Page 5 August 20, 2013 RECOMMENDATION: Adopt Ordinance No. 1591 (2013 Series) amending Title 17 (Zoning Regulations) of the City of San Luis Obispo Municipal Code as specified in the Ordinance, which modifies various sections of the Municipal Code including revisions to affordable housing requirements, parking requirements for secondary dwelling units, and the establishment of regulations for garage and yard sales, and mechanical parking lifts. Community Development Director Johnson responded to questions on item C3. Council Member Ashbaugh said he had the impression that Section 11 would permit some off site sale signs. Vice Mayor Smith voiced concern about enforcement and what it did to community spirit becoming so regulatory. Council Member Christianson recalled extensive discussion about strict enforcement. Council Member Ashbaugh asked if the Council wanted to amend on second reading, would it need to reintroduce, to which the City Attorney noted it would have to be reintroduced . He agreed that in this instandce, this may be over regulation. Community Development Director Johnson said the language was staff’s recollection of the discussion to allow one sign on site and no other signs permitted off site, which was consistent with City’s sign ordinance. Vice Mayor Smith said she would be voting no on the item, because she believed the garage sale issue was overkill and should be deleted from the list. Council Member Carpenter noted the issue with signs was that they are left afterward, which was a problem. He said he felt Council should stick with staff recommendation. Mayor Marx said if it was abused, the ordinance would give the neighbors some recorse. ACTION: Motion by Council Member Christianson/Council Member Ashbaugh to approve the Consent Calendar ItemC3. Vote: 4-1, Vice Mayor Smith opposed. Motion Carried. Vice Mayor Smith wished the record to show that she voted no because she believed that Section 11 should be eliminated from C3, issues around community spirt and enforcement. C4. PUBLIC SAFETY LIAISON OFFICER PROGRAM MEMORANDUM OF AGREEMENT. – (GESELL/ELLSWORTH) RECOMMENDATION: 1) Authorize the payment of funds received from the Board of State and Community Corrections for FY 2012-13 for regional front line law C1 - 5 City Council Meeting Minutes Page 6 August 20, 2013 enforcement services in the amount of $120,186 to the County of San Luis Obispo Probation Department; and 2) Authorize the amendment to the Law Enforcement Grant Fund budget in the current year to recognize the grant revenues and the appropriation for the disbursement of the grant funds to San Luis Obispo County; and 3) Authorize the City Manager to sign the Memorandum of Agreement. ACTION: Approved by Consent Calendar Vote. C5. EXTENSION OF BANKING SERVICES CONTRACT. – (PADILLA) RECOMMENDATION: Approve a contract extension for banking services with Bank of America for three years and authorize the City Manager to execute the required documents. ACTION: Approved by Consent Calendar Vote. C6. PRADO RD. BRIDGE WIDENING CONSULTANT SERVICES RFP, SPECIFICATION NO. 91203. – (GRIGSBY/HUDSON) RECOMMENDATION: 1) Approve the Request of Proposals (RFP) to provide consultant services for the Prado Rd. Bridge Widening Project, Specification No. 91203; and 2) Authorize the City Manager to execute an agreement with the selected consulting firm; and 3) Authorize the Finance Director to execute and amend Purchase Orders under the executed agreement in an amount not-to- exceed the authorized project budget. ACTION: Approved by Consent Calendar Vote. C7. COUNCIL CHAMBERS AUDIO UPGRADE. – (PADILLA/SCHMIDT) RECOMMENDATION: 1) Approve a purchase order in the amount of $27,947 to Jensen Audiovisual to wire and install 14 digital microphones and the associated AMX audio control equipment; and 2) Authorize the appropriation and use of funds from the Information Technology Replacement Fund Equipment Budget to initially fund this project; and 3) Authorize the transfer of Public, Educational and Government (PEG) to the Information Technology Replacement Fund to pay for this expense. ACTION: Approved by Consent Calendar Vote. C8. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT – FINANCING. – (MATTINGLY/HIX) C1 - 6 City Council Meeting Minutes Page 7 August 20, 2013 RECOMMENDATION: 1) Adopt Resolution No. 10455 (2013 Series) authorizing staff to submit a financing application to the California Infrastructure and Economic Development Bank (I-Bank) in the amount of $7,479,000 for the Water Reclamation Facility Energy Efficiency Project; and 2) Authorize use of working capital to pay the $61,100 I-Bank origination fee. ACTION: Continued to a date uncertain. ------------------------------------------------------------------------------------------------------------------------ PUBLIC HEARING ITEMS PH1. UPDATE OF THE CITY’S WATER AND WASTEWATER DEVELOPMENT IMPACT FEES. – (MATTINGLY/HORTON/HIX/METZ/MUNDS – 60 MINUTES) Utilities Director Carrie Mattingly, Water Division Manager Wade Horton, Wastewater Division Manager David Hix, Utilities Project Manager Jennifer Metz, and Conservation Manager Ron Munds, presented the report and responded to Council questions. Mayor Marx opened the public hearing. Public Comments Steve Barasch, San Luis Obispo, said he felt user fees were still high and that the City should make credits retroactive for 12 months. Eric Meyer, San Luis Obispo, felt lower impact fees for smaller units was a good thing. ---end of public comments--- Mayor Marx closed the public hearing. Vice Mayor Smith said she was pleased to see fees going down. She asked if the retroactive component could go to January of 2012. Council Member Christianson said fees were reviewed periodically and the proposed retroactive date was okay, that it might cause an impact to the budget if staff went back further. Council Member Ashbaugh concured that the retroactive date recommended by staff was sufficient. ACTION: Motion by Council Member Ashbaugh/Council Member Christianson to: Adopt Resolution No. 10456 (2013 Series) amending the water and wastewater development impact fees retroactively effective to July 1, 2013. Roll Call Vote: 4-1, Vice Mayor Smith opposed. Motion Carried. C1 - 7 City Council Meeting Minutes Page 8 August 20, 2013 Vice Mayor Smith wished the record to indicate the reason she voted no was that she wanted an earlier retroactive date. ------------------------------------------------------------------------------------------------------------------------ BUSINESS ITEMS B1. APPOINTMENTS TO ELECTION CAMPAIGN REGULATIONS REVIEW COMMITTEE. – (CODRON/DIETRICK/SCHROEDER – 10 MINUTES) Assistant City Manager Michael Codron, City Attorney Dietrick, presented the report and responded to Council questions. Council Member Ashbaugh inquired why his nominate was not included in the recommended appointments. After discussion, it was the consensus of Council to add Bob Shanbrom, Council Member Ashbaugh’s nominee, to the Election Campaign Regulation Review Committee. Public Comments Donald Hedrick, San Luis Obispo, why the City was dependent on electronic voting machines. William Powers, San Luis Obispo, felt the vote counts were small enough that it could be done by hand and felt the Council knew how the Committee would approach the issue and how it would come out. Michelle Tasslef, San Luis Obispo, noted she had worked at the County election center and how much knowledged she gained. ---end of public comments--- ACTION: Motion by Council Member Ashbaugh/ Vice Mayor Smith to: Appoint the five recommended citizens to the Election Campaign Regulation Review Committee, with the addition of Bob Shanbrom. Roll Call Vote: 5-0. Motion Carried. At 8:00 PM, Council took a short break and all Council Members in attendance returned at 8:10 PM. B2. APPOINTMENT OF MEMBERS TO SERVE ON THE TASK FORCE FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE (TF-LUCE). – (JOHNSON/MURRY – 15 MINUTES) C1 - 8 City Council Meeting Minutes Page 9 August 20, 2013 Community Development Director Derek Johnson and Long Range Planning Kim Murry, presented the report and responded to Council questions. Public Comments Pierre Rademaker, Vice Chair of Task Force, supported staff recommendation. ---end of public comments--- ACTION: Motion by Vice Mayor Smith, seconded by Council Member Christianson to: 1) Appoint Planning Commissioner Michael Multari and re- appoint Eric Meyer to serve as a resident participant on the TF-LUCE; and 2) Amend the TF-LUCE guidelines to allow TF-LUCE to elect a chair from its members rather than requiring the Planning Commission appointee to serve as chair. Adopt Resolution No. 10457 (2013 Series). Roll Call Vote: 5-0. Motion Carried. B3. CITY STYLE GUIDE AND IDENTIFICATION STANDARDS MANUAL. – (CODRON/CANO – 30 MINUTES) Assistant City Manager Michael Codron and Tourism Manager Molly Cano, presented the report and responded to Council questions. Vice Mayor Smith suggested names on business cards be a little larger. Public Comments None ---end of public comments--- ACTION: Motion by Council Member Ashbaugh/ Council Member Christianson to: 1) Approve the use of the City Emblem and Wordmark in various print, electronic, and other applications as recommended; and 2) Direct staff to implement the use of the standardized City Emblem and Wordmark as outlined in the City’s Style Guide and Identification Standards Manual upon completion, with amendments, removal of foil on Council emblems and larger name on business cards. Roll Call Vote: 5-0. Motion Carried. C1 - 9 City Council Meeting Minutes Page 10 August 20, 2013 STUDY SESSION ITEMS SS1. STUDY SESSION TO REVIEW EFFECTIVENESS OF 2012 ALCOHOL OUTLET AMENDMENTS AND CONSIDER A MORATORIUM ON NEW ALCOHOL OUTLETS IN THE DOWNTOWN. – (JOHNSON/DAVIDSON – 90 MINUTES) Community Development Director and Deputy Community Development Director Doug Davidson, presented the report and responded to Council questions. Public Comments Dave Hannings, San Luis Obispo, explained that SLOBrew was expanding and currently patrons were coming out of bars right in front of his home. He noted that it was very noisy at night. Andrea Miller, San Luis Obispo, business owner, member of the food, beverage and services committee. She explained how they are providing cleanup and portapottys and was against a moritorium. Michelle Tasslef, San Luis Obispo, felt the issue was being promoted by small group of people and the proposal was punishing people that were good business owners. She encouaged more public input. ---end of public comments--- Council Member Ashbaugh said he was reluctant to proceed with a moritorim. Vice Mayor Smith said she did not feel a need for moritorium and it was not right to tell property owners how to use their buildings. Council Member Carpenter felt there were two different issues, addressing the number of outlets was a separate issue. The other issue was the behavior, which required a cultural change. He said staff was doing good job and would not support a moritorim. Council Member Christianson said she was not in support of a moritorium, that she could not make findings, that there was no immediate threat. She supported using LUCE as tool. Mayor Marx agreed that a moritorium was not appropriate as this time. She asked for Council consensus for a yearly review, that staff would return on annual basis. She wished to see all tools available thru LUCE utilized, including a PCN tool. ACTION: regarding staff recommendations number 3 and 4, Council Member Ashbaugh/Vice Mayor Smth moved that staff defer the review of additional regulatory tools, such as the formalization of the PCN process to the Alternatives C1 - 10 City Council Meeting Minutes Page 11 August 20, 2013 Report of the Land Use and Circulation Update. Council Member Ashbaugh said Recommendation 4 should just be omitted. Roll Call Vote: 5-0. Motion Carried. It was the consensus of Council to return in a year with a review. ------------------------------------------------------------------------------------------------------------------------ COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received: Mayor Marx, Vice Mayor Smith, Council Members Ashbaugh, Christianson. Communications: Vice Mayor Smith mentioned the rescue of a night hiker from Bishop’s Peak and asked the City to begin looking at prevention of night hikes. City Manager Lichtig explained that staff had started research and policy analysis and would bring the issue to Council if there were changes that would be needed. ------------------------------------------------------------------------------------------------------------------------ There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:30 p.m. ________________________________________ Sheryll Schroeder, MMC Interim City Clerk APPROVED BY COUNCIL: C1 - 11 MINUTES CITY OF SAN LUIS OBISPO SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, September 3, 2013 Special Meeting - 5:00 P.M. Regular Meeting – 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ------------------------------------------------------------------------------------------------------------------------ PRESENTATIONS EMPLOYEE SERVICE AWARDS – (IRONS) Mayor Marx and City Manager Lichtig presented the following 2013 Employee Services Awards: 10 Years of Service Cedric Adams – Police Jeremy Behrens – Police Howard Brewen – Utilities Amy Chastain – Police Jason Dickel – Police Aaron Floyd – Utilities Robert Horch – Public Works Jake Hudson – Public Works Monica Irons – Human Resources Crystal Locarnini – Police Carol Moore – Police Pam Ouellette – Utilities Claudia Prows – Attorney April Richardson – Administration Steve Schmidt – Finance & IT C1 - 12 City Council Meeting Minutes Page 2 Tuesday, September 3, 2013 Jeff Smith – Police Jennifer Thompson – Finance & IT Martin Van Maanen – Public Works Christine Wallace – Police David Wharton - Utilities 15 Years of Service John Bledsoe – Police Miguel Guardado – Finance & IT Jeff Hendricks – Public Works Alejandro Hernandez – Public Works Daren Kersey – Utilities Mike King – Fire Jody Larson – Fire John MacDonald – Fire Devin Reiss – Fire Dan VanBeveren – Public Works 20 Years of Service Ron Combs – Public Works Anne Fairchild – Utilities Gary Keavney – Public Works 25 Years of Service Mike Clinite – Fire Marjorie Hernandez – Finance & IT Colleen Kevany – Police Jennifer Lawrence – Public Works Bud Nance – Utilities Dave Podhorsky - Fire 30 Years of Service Pamela Ricci – Community Development Adjourn to Regular Meeting of Tuesday, September 3, 2013 C1 - 13 City Council Meeting Minutes Page 3 Tuesday, September 3, 2013 ------------------------------------------------------------------------------------------------------------------------ PLEDGE OF ALLEGIANCE Council Member Ashbaugh led the Pledge of Allegiance. ------------------------------------------------------------------------------------------------------------------------ Mayor Marx announced that Item C1 Water Reclamation Facility Energy Efficiency Project – Financing had been moved to Item B4. ------------------------------------------------------------------------------------------------------------------------ PRESENTATIONS PROCLAMATION – CANCER AWARENESS MONTH – (MARX – 5 MINUTES) Heather Hellman with the Central Coast Savor Run accepted the proclamation. PROCLAMATION – SLO GREEN APPLE DAY OF SCHOOL RESPONSIBILITY – (MARX – 5 MINUTES) US Green Building Council Chapter 4 Committee along with students from the following schools accepted the proclamation. Mission College Prep 1. Jenny Morris Bishop’s Peak/Teach School 2. Ava Walsh 3. Holyn Sylvester 4. Shelby Walker ------------------------------------------------------------------------------------------------------------------------ APPOINTMENT A1. RECOMMENDATION FOR APPOINTMENTS TO THE PLANNING COMMISSION. – (MARX/SMITH/SCHROEDER – 10 MINUTES) RECOMMENDATION: Confirm appointments to the Planning Commission of William Riggs, to complete an unexpired term to March 31, 2016 and Ronald Malak, to complete an unexpired term to March 31, 2014. ACTION : Motion by Vice Mayor Smith/Council Member Christianson to confirm the appointment of William Riggs, to complete an unexpired term to March 31, 2016 and Ronald Malak, to complete an unexpired term to March 31, 2014. Roll Call Vote 5-0. Motion Carried. ------------------------------------------------------------------------------------------------------------------------ C1 - 14 City Council Meeting Minutes Page 4 Tuesday, September 3, 2013 PUBLIC COMMENTS John Semon, San Luis Obispo, spoke in support of allowing vacation rentals. Karen Hale addressed support of vacation rentals. Lory Farrior, San Luis Obispo, requested maps and permits for her property. Todd Dolezal, presented a resolution in support of short term rentals. Andrea Devitt, spoke about Cuesta’s College Book of the Year, “Orange Is The New Black”. Don Hedrick, San Luis Obispo, addressed radioactivity and Cancer Awareness Month. Alana Reynolds, spoke in support of vacation rentals at personal properties. Dee Torres, CAPSLO Homeless Services, informed that bedbugs had been found during routine shelter check. Will Powers, San Luis Obispo, spoke about the Unocal abandon gas station clean up, notified by the City three years ago. ---end of public comments--- ------------------------------------------------------------------------------------------------------------------------ Vice Mayor Smith suggested a home stay emergency ordinance be agendized. ACTION: Motion by Vice Mayor Smith/Council Member Ashbaugh to agendize a home stay ordinance for further discussion and direction. Roll Call Vote: 4-1, Mayor Marx opposed. Council Member Ashbaugh stated for the record that his interest extended to having the item come back to Council, however, he did not wish to defer one pressing item on the long term agenda forecast, like the bicycle transportation plan. CONSENT CALENDAR Public Comments On Items On The Consent Calendar No one spoke at this time on Consent Calendar Items. ---end of public comments--- C1 - 15 City Council Meeting Minutes Page 5 Tuesday, September 3, 2013 ACTION: Motion by Council Member Ashbaugh/Vice Mayor Smith to approve the Consent Calendar Item C2. Roll Call Vote: 5-0. Motion Carried. Item C1 Moved to B4 C1. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT – FINANCING. - (MATTINGLY/PADILLA) RECOMMENDATION: : RECOMMENDATION: 1) Adopt a resolution accepting the financing proposal from Green Campus Partners and authorizing staff to proceed with development of financing documents with Green Campus Partners in the amount of $7,479,000* for the Water Reclamation Facility Energy Efficiency Project and return September 17, 2013 for review and consideration by the City Council and the Capital Improvement Board. 2) Appropriate the amount of $55,000 from Sewer Fund working capital to pay for the costs associated with the development of the loan documents and issuance of the debt. *(the requested amount is higher than the amount shown in May due to the fact that rebates from PG&E in the amount of $293,000 were first assumed to be available at the time the debt would be issued. Staff has since learned that these rebates will not be made available until after construction is complete) ACTION: Approved by Consent Calendar Vote. C2. AGREEMENT WITH ICMA-RC TO PROVIDE SERVICES FOR THE PURPOSE OF TRANSFERRING ASSETS FROM THE DISSOLVED SAN LUIS OBISPO EMPLOYEES RETIREE MEDICAL TRUST TO A HEALTH REIMBURSEMENT ACCOUNT. – (IRONS/OUELLETTE/MALICOAT/ZOCHER) RECOMMENDATION: Adopt Resolution No. 10458 (2013 Series) authorizing the establishment of a Health Reimbursement Account (HRA) through ICMA-RC for the sole purpose of transferring assets from the dissolution of the San Luis Obispo Employees Retiree Medical Trust (RMT) and authorize the City Manager to execute any necessary documents. ACTION: Approved by Consent Calendar Vote. ------------------------------------------------------------------------------------------------------------------------ C1 - 16 City Council Meeting Minutes Page 6 Tuesday, September 3, 2013 PUBLIC HEARINGS AND BUSINESS ITEMS PH1. REVIEW OF AMENDMENTS TO TITLE 17 (ZONING REGULATIONS – SAFE PARKING ORDINANCE) OF THE MUNICIPAL CODE. – (JOHNSON/COREY – 45 MINUTES) Community Development Director Derek Johnson and Housing Programs Manager Tyler Corey, presented the report and responded to Council questions. Staff had presented Council amendments to the originally presented ordinance. Mayor Marx opened the public hearing. Public Comments Dee Torres answered questions and stated there were five spaces at Prado, two currently on a waiting list. CalvinThompson, San Luis Obispo, said he was a participant in the safe parking program and appreciated City’s program Lynn Hensohn, stated that being a participant in the program had allowed him to get back on his feet. Mary Lou Fivna, case manager CAPSLO, spoke on program expansion. Don Hendrick, San Luis Obispo, spoke about the difficulty of the noticing requirement of a 300 foot radius. ---end of public comments--- Mayor Marx closed the public hearing. Council Member Ashbaugh corrected the record, mistakinly telling a reporter the City was looking for people to provide the program for up to five vehciles, that was specifically Prado Day Center, it would be a case by case decision. Vice Mayor Smith said she originally intended to vote no on the item, that she had concerns regarding the definition of permanent housing and in the outreach summary it said the City’s rule would provide zoning and facilitate the establishment, not manage homeless properties. She said she also felt there was a narrow definition of a social service provider. Council Member Carpenter noted he was pleased with the success of the pilot program and expressed concern with the management process if it expanded. C1 - 17 City Council Meeting Minutes Page 7 Tuesday, September 3, 2013 Mayor Marx expressed support of the amended language and hoped staff would bring it back to Council in a year for status update. Council Member Christianson said she would support the ordinance. MOTION: by Council Member Christianson/Council Member Ashbaugh to: 1) Introduce Ordinance No. 1592 (2013 Series) as amended, proposing amendments to Title 17 (Zoning Regulations) to allow for a safe parking program in the City of San Luis Obispo; and 2) Adopt the Negative Declaration of Environmental Impact. Roll Call Vote: 5-0. Motion Carried. B1. DEFER AND CARRY FORWARD AND APPROPRIATION OF 2012-13 DEVELOPMENT REVENUES TO PAY FOR TEMPORARY CONTRACT STAFF ASSISTANCE AND CONSULTANT SERVICES; AND REQUEST FOR PROPOSALS (RFP) – FOR BUILDING, FIRE, ENGINEERING PLAN CHECK SERVICES, SPECIFICATION NO. 91200; AND PLANNING SERVICES, SPECIFICATION NO. 91201. – (JOHNSON/DAVIDSON/LEASE/ – 30 MINUTES) Community Development Director Derek Johnson, presented the report and responded to Council questions. Public Comments None. ---end of public comments--- ACTION: Motion by Council Member Ashbaugh/Vice Mayor Smith to: 1) Adopt Resolution No. 10459 (2013 Series) deferring, carrying forward and appropriating $300,000 of 2012-13 development review revenues and making that amount available in 2013-14 to pay for temporary contract staff assistance and consultant services (“Development Related Services”); and 2) Approve the Request for Proposals (RFP) to provide plan check and planning “on-call” services to supplement planning, engineering and building resources to maintain processing times, as follows. a) Building, Fire, and Engineering Plan Check Services (Specification No. 91200) b) Planning Services (Specification No. 91201 ) c) Authorize the City Manager to execute agreements with the selected consulting firms. d) Authorize the Finance Director to execute and amend Purchase Orders for individual consultant service contracts in an amount not-to-exceed the authorized carry forward amount. Roll Call Vote: 5-0. Motion Carried. At this point, Council took a brief recess and all Council in attendance returned. C1 - 18 City Council Meeting Minutes Page 8 Tuesday, September 3, 2013 B2. LOCAL REVENUE MEASURE ADVISORY COMMITTEE MEMBER SELECTION. – (LICHTIG/CODRON – 30 MINUTES) Assistant City Manager Michael Codron, presented the report and responded to Council questions. Public Comments None. ---end of public comments--- Council received 14 applications and each Council Member selected on a transparency their choice for nomination to the Committee. The transparancies were overlaid and nominees with at least three votes were: Patricia Andreen, Michael Boswell, Lea Brooks, Victoria Carranza, Jeri Carroll, John Fowler, James Grant, Dia Hurd, Michael Multari and Cate Norton. Council Member Carpenter suggested that voices that haven’t been heard before be considered for appointment. Council Member Ashbaugh suggested that Mr. Multari be named an alternate. ACTION: Motion by Council Member Ashbaugh to appoint persons that received three or more votes, with the exception of Mr. Multari who would serve as an alternate. His motion died for lack of a second. ACTION: Motion by Council Member Christianson/ Council Member Ashbaugh to appoint each nominee that received three or more votes to the Local Revenue Measure Advisory Committee. Roll Call Vote: 3-2, Council Member Carpenter/Vice Mayor Smith opposed. Motion Carried. 3. ORDINANCE PROHIBITING THE USE OF “SKY LANTERNS”. – (HINES/MAGGIO – 20 MINUTES) Deputy Fire Chief Garrett Olsen presented the report and responded to Council questions. Public Comments None. ---end of public comments--- ACTION: Motion by Vice Mayor Smith/ Council Member Christianson to: Introduce Ordinance No. 1593 (2013 Series) amending the California Fire Code, as amended by the City of San Luis Obispo, to modify section, 302.1 defining C1 - 19 City Council Meeting Minutes Page 9 Tuesday, September 3, 2013 “sky lanterns”, and add new section 308.1.6.3 prohibiting the ignition and launching of Sky Lanterns, or similar open-flame devices that are capable of leaving the ground, within the City limits. Roll Call Vote: 5-0. Motion Carried. Item B4 Moved from C1 B4. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT – FINANCING. - (MATTINGLY/PADILLA) Utilities Director Carrie Mattingly and Finance and Information Technology Director Wayne Padilla, presented the report and responded to Council questions Council Member Christianson asked if construction would be completed during the loan time. Utilities Director Mattingly responded that construction should start January or February and be complete by the end of 2014, early 2015. Jim Fabian, consultant, answered Mayor Marx’s question, that in the solicitation for the RFP, US Bank was contacted but they did not get back to staff. Public Comments Don Hedrick, San Luis Obispo, suggested Wall Street funding. ---end of public comments--- ACTION: Motion by Vice Mayor Smith/ Council Member Ashbaugh to: 1) Adopt Resolution No. 10455 (2013 Series) accepting the financing proposal from Green Campus Partners and authorizing staff to proceed with development of financing documents with Green Campus Partners in the amount of $7,479,000* for the Water Reclamation Facility Energy Efficiency Project and return September 17, 2013 for review and consideration by the City Council and the Capital Improvement Board. 2) Appropriate the amount of $55,000 from Sewer Fund working capital to pay for the costs associated with the development of the loan documents and issuance of the debt. *(the requested amount is higher than the amount shown in May due to the fact that rebates from PG&E in the amount of $293,000 were first assumed to be available at the time the debt would be issued. Staff has since learned that these rebates will not be made available until after construction is complete) Roll Call Vote: 5-0. Motion Carried. ------------------------------------------------------------------------------------------------------------------------ C1 - 20 City Council Meeting Minutes Page 10 Tuesday, September 3, 2013 COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received: Mayor Marx Vice Mayor Smith Council Members Ashbaugh and Christianson Communications: Mayor Marx inquired if staff was reviewing procedures for night hikers on Bishop’s Peak. Assistant City Manager Codron and City Manager Lichtig responded that Natural Resources Manager was reviewing what other cities had in place and would bring it forward to Council for consideration. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:30 p.m. ________________________________________ Sheryll Schroeder, MMC Interim City Clerk APPROVED BY COUNCIL: C1 - 21 Page intentionally left blank. C1 - 22