HomeMy WebLinkAbout02/01/2011, C1 - MINUTES NDA
MEETING
TE I a , ITEM # C Z
MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 9, 2010
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
6:00 P.M. —SPECIAL MEETING — COUNCIL HEARING ROOM
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice
Mayor Andrew Carter, and Mayor Dave Romero
City Staff
Present: Katie Lichtig, City Manager, Andrea Visveshwara, Assistant City Attorney,
Michael Codron, Acting 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
Assistant City Attorney Visveshwara announced the following Closed Session topics.
CLOSED SESSION: 6:00 P.M.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Rick Bolanos, Michael Codron, Shelly
Stanwyck, Andrea Visveshwara, Deborah Linden;
Carrie Mattingly
Employee Organizations: San Luis Obispo City Employees' Association
(SLOCEA), San Luis Obispo Police Officers'
Association (POA) and San Luis Obispo City
Firefighters, Local 3523
Unrepresented Employees: Confidential Employees, Unrepresented Management
Employees
CLOSED SESSION: 6:30 P.M.
CONFERENCE WITH LEGAL COUNSEL— Existing Litigation
Pursuant to Government Code § 54956.9
Pacific Mechanical Corp v. City of San Luis Obispo
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PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Romero called for public comments. None was 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 adioumed at 6:55 p.m.
7:00 P.M.— REGULAR MEETING — COUNCIL CHAMBER
Mayor Romero called the Regular Meeting to order at 7:03 p.m. All Council Members
were present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session to discuss Labor
Negotiations and Existing Litigation as indicated above. No further reportable action was
taken.
PUBLIC COMMENT
Mike Baumberger, Los Osos, spoke about an experience with the Police Department, and
thanked and commended Sean Gillham, SLOPD, Kerry Boyle, SLOFD, City Attorney
Dietrick and Mayor Romero.
Don Ernst, San Luis Obispo,stated that he, along with other businesses as listed in a
petition submitted and on file in the City Clerk's office, wanted to be removed from the
Business Improvement Association District, and requested the issue be agendized. City
Manager Lichtig stated that staff would research and provide Council with information on
the process.
Gary Fowler,San.Luis Obispo, spoke about the financing of the proposed Palm-Nipomo
parking structure.
.CONSENT AGENDA
ACTION: Moved by Settle/Ashbaugh to approve the Consent Agenda as indicated
below.
C1. MINUTES.
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Tuesday, November 9, 2010
ACTION: Moved by Settle/Ashbaugh to waive oral reading and approve as presented;
motion carried 5:0.
C2. FIREMAN'S FUND GRANT APPLICATION..
ACTION: Moved by Settle/Ashbaugh to: 1. Authorize staff to submit a grant application
of$10,500 to Fireman's Fund Insurance Company Grant Program to fund Tiller Driving
Training class. 2. Appropriate $10,500 in the Fire Training budget if grant is awarded.
3. Authorize the City Manager to accept and execute all grant related documents;
motion carred 5:0.
C3. TELEMETRY MAINTENANCE CONTRACT.
ACTION: Moved by Settle/Ashbaugh to approve agreement with Remote Automation
Solutions Inc., for a two-year telemetry system maintenance services contract in the
amount of$61,620, and authorize the Mayor to execute agreement, motion carried 5:0.
C4. STATE.OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
COOPERATIVE AGREEMENT.
ACTION: Moved by Settle/Ashbaugh.to: 1.'Approve the Cooperative Agreement with
the State of California Department of Transportation for the City to contribute $54,000
for paving and sidewalk improvements as part of the Caltrans SLO-1.01 R38.5/52.0
Rehabilitation project. 2. Re-appropriate $25,000 in previously approved State Highway
Account grant funding. 3. Approve the transfer of funding in the amount of$29,000
from the Street Resurfacing & Reconstruction Main Account to the projects construction
phase; motion carried 5`0.
PUBLIC HEARINGS
1. REVIEW OF AMENDMENTS TO THE FIRE HAZARDS SECTION OF THE
GENERAL PLAN SAFETY ELEMENT (GPA, ER 77-10).
Senior Planner Dunsmore and Fire Marshall Maggio presented the agenda report and
responded to Council questions and comments.
Mayor Romero recused himself from participating in this item due to a conflict of interest
regarding his property being within the proposed Fire Hazard Zone.
Vice Mayor Carter opened the public hearing.
Penny Sullivan, San Luis Obispo, stated that potential fire risk affected residents' ability to
obtain fire insurance.
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Timothy R..Plumb, San Luis Obispo, spoke about his concerns regarding wild land fire,
fuel modification to reduce fire hazards, vegetation management, and the ability to obtain
fire insurance.
Ron Starkey, San Luis Obispo, spoke about his concerns regarding the potential of wild
land fires, and suggested that the City develop a regular maintenance plan to remove
dead and overgrowing vegetation.
Vice Mayor Carter closed the public hearing.
Fire Marshall Maggio explained that the City was working on contracts with Cuesta Camp
and the California Men's Colony for vegetation management services.
Council discussion ensued during which they spoke of concerns regarding buffer zones,
maintenance of open space, and fire insurance for property owners.
ACTION: Moved by Ashbaugh/Settle to direct staff to further research the 1,000 foot
buffer zone and what other communities have done; programmatic issues with the
maintenance of the city's open space; more information is needed regarding insurability;
confirmation that the applicability is only to new buildings and return to the Planning
Commission for further consideration;-motion carried 4:0 (Romero recused).
2. CULTURAL HERITAGE COMMITTEE RECOMMENDATION TO UPDATE THE
HISTORIC PRESERVATION PROGRAM GUIDELINES AND CREATE A
HISTORIC PRESERVATION.ORDINANCE (GPI 72=09).
Community Development Director Mandeville introduced this item, following which
Deputy Director, Long Range Planning, Murry presented the agenda report and
responded to Council questions and comments.
Mayor Romero opened the public hearing.
Steve Rebuck, San Luis Obispo, requested that the Council take more time to consider
how the ordinance and guideline will affect builders and tradesmen.
Mike Baumberger,_Los Osos, spoke about his concern regarding the "potential list."
Jim Duenow, San Luis Obispo, spoke in support of staffs recommendation.
David Brodie, San Luis Obispo, spoke in support of staffs recommendation.
Elizabeth Thyne, San Luis Obispo, spoke in support of staffs recommendation.
Linda Groover,,San Luis.Obispo, spoke in support of Allen Cooper's letter submitted to
the Council and in support.of staffs recommendation.
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Tuesday, November 9, 2010
Pea Pinard, San Luis Obispo, spoke in opposition to the proposed ordinance.
Rochelle Johnson, San Luis Obispo, spoke in opposition to staffs recommendation.
Susan Coward,_San.Luis Obispo, spoke in opposition to the proposed ordinance.
Craig Smith, San Luis Obispo, spoke in support of staffs recommendation.
Leslie Halls, San Luis Obispo, spoke in opposition to staffs recommendation.
Paul Rys,_San Luis Obispo, spoke about the expantion of the number of listed historical
properties.
Stacy Edmonds, San Luis Obispo, spoke about her conems regarding the proposed
ordinance.
Ermina Karim, Chamber of Commerce, spoke about the Chamber's input into the drafting
of the proposed ordinance, and its support for changes that had been made to the
document.
Sara McEre, San Luis Obispo, recommended that the ordinance should be expanded to
include what is built around historic properties.
Elisabeth Abrahams, San Luis Obispo, spoke in support of staffs recommendations.
Joseph Abrahams, San Luis Obispo, spoke in support of staffs recommendations.
Bob Vessely, San Luis Obispo, stated that public hearings of the CHC and Council had
been properly noticed, that many had given their input, and commended staff for
modifying the ordinance based on input received.
Buzz.Kalkowski, San Luis Obispo, spoke about the staff research and work that went into
the ordinance and urged its passing.
Diane Duenow, San Luis Obispo, spoke in support of staffs recommendation and
commended staff for their efforts.
Robert.Pavlik, San Luis Obispo, spoke about the benefits and justification of government
initiated historic preservation efforts.
Steve Delmartini, San Luis Obispo, spoke in support of staffs recommendation and
commended staff.
Russ Brown, San Luis Obispo, spoke in support of staffs recommendation.
Mayor Romero closed the public hearing.
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Tuesday, November 9, 2010
Council recessed at 9:43 p.m. and reconvened at 9:55 p.m. with all members present.
Council Member Settle stated his support of having a historic preservation ordinance,
however expressed concern over the complexity of the ordinance, concerns over the
number of properties falling into a legal non-conforming status and the number of
exemptions including those of City-owned property, and the cost to the City to bring
City-owned properties in conformity. Mr. Settle recommended a continuation for further
analysis and refinement of the ordinance.
Deputy Director Munn stated that the definition of the term "owner" includes public
agencies.
Council discussion ensued during which the majority spoke in favor of staffs
recommendation and commended staff for their efforts and the community for providing
extensive input.
ACTION: Moved by Ashbaugh/Marx to introduce Ordinance No. 1557 (2010 Series) as
modified and adopt Resolution No. 10229 (2010 Series) as modified; motion carred 4:1,
Settle opposed.
BUSINESS ITEMS
3. APPEAL OF CITY MANAGER'S AWARD OF CONTRACT REGARDING
SEWERLINE REPLACEMENTS 2010-2011, PROJECT 2, SPECIFICATION
NO. 90938—AWARD.
Director of Public Works Walter introduced this item, following which Assistant City
Engineer Matt Horn and Assistant City Attorney Visveshwara presented the agenda
report and responded to Council questions and comments.
Public Comments
By Council consent, representatives for the appellant and the respondent were allowed
a total of 10 minutes for each side to make a presentation.
Gerald Weaver, Counsel-for the.Appellant,.stated reasons the appeal was filed and spoke
of concerns regarding the City's bid process. Mr. Weaver stated that his client met the
requirements of a qualified bid.
Austin Vinciguerra,.San Luis_Obispo, spoke in opposition to staffs recommendation, and
urged the Council to consider Viciguerra Construcion's track record over the last two
years of sucesfully completing projects for the City. Mr. Vinciguerra responded to Council
questions.
Alan Goodman, National Sales Manager, Hammerhead, provided information on the
techniques involved in the pnematic pipe bursting process.
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Tuesday, November 9, 2010
Wayne Vinciguerra, Owner Vincigerra Construction, stated that the company had
completed close to $100 million in Public Works contracting over the previous 32 years,
including 35 projects for the City. The company had been awarded 6 contracts by the City
in the last 2 years, and so were familiar with the City's new requirements for bid proposals
packets.
Tom Kaufman, Did not speak.
Michael D'arcy, President of D'Arcy .&__Harty Construction, Inc., spoke in support of
awarding the contact to D'Arcy& Harty Construction and about the company's experience
in pneumatic pipe bursting.
Patricia Walsh, Counsel for D'Arcy & Harty Construction, Inc., stated that California Law
and Case Law supported the City's action to award D'Arcy & Harty Construction, Inc. the
contract.
—end of public comments---
Assistant City Attorney Visveshwara stated the City's position that California Law made
provisions for pre-bid determinations to be made and for the City to demand strict
compliance with the bid requirements. Ms. Visveshwara referenced a letter sent to the
City on September 29, 2010, by the appellant's lawyer at the time, Michael A. Cable,
which stated "Vinciguerra Construction's bid substantially conforms to the call for bids"
as an admission that the appellants bid proposal did not fully comply with the City's
requirements.
Council discussion ensued during which they spoke in support of staffs
recommendation to award the contract to D'Arcy& Harty Construction, Inc.
ACTION: Moved by Settle/Marx to adopt Resolution No. 10230 (2010 Series) which
upholds the City Manager's award of contract to D'Arcy & Harty Construction, Inc., in
the amount of$454,246 for the Sewerline Replacements 2010-2011, Project 2,
Specification No. 90938;motion carried 5:0.
4. BIOSOLIDS REUSE CONTRACT AND RESOLUTION OF SUPPORT.
Utilities Director.Mattingly introduced this item, following which Wastewater Division.
Manager Hix presented the agenda report and responded to questions.
Public Comments
Bob Engel, Engel & Gray, Inc., spoke about the company's excitement to be working with
the City and their committment to manufacturing great product.
--end of public comments—
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Tuesday, November 9, 2010
ACTION: Moved by Marx/Settle to adopt Resolution No. 10231 (2010 Series); motion
carried 5:0.
COUNCIL LIAISON REPORTS
None
COMMUNICATIONS
None
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 12:19 a.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: xx/xx/10
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MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 16, 2010
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
6:55 P.M. —SPECIAL MEETING
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice
Mayor Andrew Carter, and Mayor Dave Romero
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Acting 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.
CONSENT AGENDA
C1. EMPLOYEE AGREEMENTS JANUARY 1. 2011, THROUGH
DECEMBER 31, 2011.
Human Resources Director Irons presented the agenda report and responded to
questions.
Public Comment:
There was no public comment.
ACTION: Moved by Settle/Ashbaugh to: 1. Adopt Resolution No. 10232 (2010 Series)
and Resolution No. 10233 (2010 Series) for management and confidential
compensation and benefits resulting in an estimated $323,000 in savings during the
term of the agreements, January 1, 2011, through December 31, 2011. 2. Authorize the
City Manager to execute agreements with the International Association of Firefighters,
Local 3523 (Fire Union) and the San Luis Obispo City Employees' Association
(SLOCEA), upon ratification by their respective memberships, that result in an
estimated $167,000 in savings during the term of the agreements, January 1, 2011,
through December 31, 2011; motion carried 5:0.
The Special Meeting adjourned at 7:05 p.m.
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Tuesday, November 16, 2010
7:00 P.M. REGULAR MEETING
Mayor Romero called the Regular Meeting to order at 7:05 p.m. All Council Members
were present.
PUBLIC COMMENT
Jerri Walsh, Los Osos, spoke about the Needs and Wishes Holiday Fundraiser for the
Maxine Lewis Memorial Shelter.
Richard Margetson, spoke about the Needs and Wishes Holiday Fundraiser for the
Maxine Lewis Memorial Shelter.
Gary Fowler, San Luis Obispo, spoke about his concerns regarding requiring employee
physicals.
Jack McDonough, spoke commendable words to Mayor Romero for his years of service.
CONSENT AGENDA
Council Member Marx asked of the status of the Railroad Safety Bicycle Trail "Missing
Link." Public Works Director Walter responded to Ms. Marx's question.
Council Member Ashbaugh stated that the residence at 1318 Pacific Street should remain
as a residential property.
ACTION: Moved by Carter/Settle to approve the Consent Agenda as indicated below.
C1. MINUTES.
ACTION: Moved by Carter/Settle to waive oral reading and approve as presented;
motion carried 5:0.
C2. COMMUNITY AMBASSADOR PILOT PROGRAM.
THIS ITEM WAS WITHDRAWN AND WAS NOT HEARD BEFORE COUNCIL.
C3. LATEST EDITIONS OF THE CONSTRUCTION, FIRE PREVENTION, GREEN
BUILDING AND INTERNATIONAL PROPERTY MAINTENANCE CODES.
ACTION: Moved by Carter/Settle to adopt Ordinance No. 1555 (2010 Series): 1.
Repealing Chapters 15.02 and 15.04 of the Municipal Code. 2. Adopting new Chapters
15.02, 15.04, and adopting the 2010 edition of the California Building, Residential,
Mechanical, Plumbing, Electrical, Historical Building, Existing Building, Fire and Green
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Tuesday, November 16, 2010
Building Standards Codes, and the 2009 edition of the International Property
Maintenance Code, with amendments; motion carried 5:0.
C4. RE-ZONING PROPERTY AT 3750 BULLOCK LANE FROM
CONSERVATION/OPEN SPACE TO MEDIUM-HIGH DENSITY RESIDENTIAL
(R-3) AND COMMUNITY COMMERCIAL (C-C) AS PART OF THE_ORCUTT
AREA.SPECIFIC PLAN (R 105-10, ER 81-10).
ACTION: Moved by Carter/Settle to adopt Ordinance No. 1556 (2010 Series) to re-
zone 3750 Bullock Lane consistent with the adopted Orcutt Area Specific Plan; motion
carried 4:0 (Manx recused due to a conflict of interest).
C5. RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 1318 PACIFIC
STREET TO THE MASTER LIST OF HISTORIC RESOURCES.
ACTION: Moved by Carter/Settle, as recommended by the Cultural Heritage
Committee (CHC), to adopt Resolution No. 10234 (2010 Series) adding the property
located at 1318 Pacific Street to the Master List of Historic Resources; motion carried
5:0.
C6. RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 1352 PACIFIC
STREET TO THE MASTER LIST OF HISTORIC RESOURCES.
ACTION: Moved by Carter/Settle, as recommended by the Cultural Heritage
Committee (CHC), to adopt Resolution No. 10235 (2010 Series) adding the property
located at 1352 Pacific Street to the Master List of Historic Resources; motion carred
5:0.
C7. REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES:
SPECIFICATION NO. 903584010.
ACTION: Moved by Carter/Settle to: 1. Approve the Request for Proposals for
Environmental Services, Specification No. 90358-2010 and authorize staff to solicit
responses. 2. Authorize the City Manager to execute agreements with the selected
consulting firms. 3. Authorize the Finance Director to execute Purchase Orders for
individual projects to consultants under agreement, in an amount not to exceed the
authorized project budget; motion carried 5:0.
C8. APPROVAL.OF AMENDED RESOLUTION AUTHORIZING APPLICATION
FOR ENVIRONMENTAL GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION'S NATURE EDUCATION
FACILITIES PROGRAM.
ACTION: Moved by Carter/Settle to adopt Resolution No. 10236 (2010 Series)
authorizing application for grant monies in the amount of$99,000 from the California
Department of Parks and Recreation's Nature Education Facilities Program to
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Tuesday, November 16, 2010
supplement City monies in the design, manufacture, and installation of informational
kiosks at various City open space properties; motion carried 5:0.
C9. RAILROAD SAFETY TRAIL PHASE 4A, SPECIFICATION NO. 90821 GRANT
FUNDING.
ACTION: Moved by Carter/Settle to appropriate and approve the transfer of$890,000
in State Bicycle Transportation Account (BTA) grant funds from the Railroad Safety Trail
Phase 3 project account to the Railroad Safety Trail Phase 4A project account; motion
carried 5:0.
C10. PROPERTY DISPOSAL OF THREE CITY-OWNED AFFORDABLE HOUSING
UNITS LOCATED AT 3591 SACRAMENTO DRIVE, #53; 3592 BROAD
STREET, #202, AND 3594 BROAD STREET, #202.
ACTION: Moved by Carter/Settle to: 1. Authorize the disposal of three city-owned
affordable housing properties. 2. Authorize the City Manager to execute property
disposal documents; motion carred 5:0.
BUSINESS ITEMS
1. ACTIVITY REPORT FOR THE-NATURAL RESOURCES PROTECTION
PROGRAM FOR 2009 AND 2010 AND RECEIPT OF COUNCIL DIRECTION.
Natural Resources Manager Havlik and City Biologist.Otte presented the agenda report
and responded to questions.
Public Comments
There was no public comment.
—end of public comments—
By Council consensus, agreed to have the Stormwater Management Program report be
brought forth annually before the winter season.
ACTION: Council received a verbal and photo update from City Natural Resources
staff, and provide Council direction to staff as appropriate.
2. UPDATE ON ALCOHOL OUTLET STUDY SESSION STRATEGIES.
Chief of Police Linden introduced this item, following which Economic Development
Manager Clark presented the agenda report and responded to questions.
Public Comments
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Tuesday, November 16, 2010
Deborah Cash, Downtown Association Executive Director, spoke about the benefits of
making the downtown more vibrant at night.
Carolyn Smith, San Luis Obispo, spoke about her concerns regarding the alcohol related
issues in the neighborhoods and the lack of communication with the nearby
neighborhoods.
Bill Hales, San Luis Obispo, spoke in support of the alcohol outlet study session
strategies and exploring the hospitality zone collaboratively with all stakeholders.
Ron Meier, San Luis Obispo, spoke in support of collaboratively working toward creating
a hospitality zone.
Sandra Rowley, San Luis Obispo, spoke about her concerns regarding the entertainment
zone and transportation from the downtown.
Liz Petersen, Bloom Business Owner, spoke about the importance of lighting in the
downtown area.
Andrea Miller, San Luis Obispo, spoke about the success of the webinars.
Coco Hearda, San Luis Obispo, spoke about her concerns with lighting issues and of her
support of the hospitality zone.
Derek Senn, spoke about the importance of having live music venues.
—end of public comments—
Council discussion ensued during which they spoke of the importance of downtown
associations and neighborhood associations to work collaboratively with staff. Vice
Mayor Carter spoke'of his concerns regarding the cost restraints, issues in the
neighborhoods and not just the downtown, nighttime transportation and the importance
of the Downtown Association's participation in the process.
ACTION: Council received a report regarding staffs progress in exploring and pursuing
strategies to reduce public safety problems associated with alcohol outlets, including the
concept of creating a hospitality zone in the downtown.
Council recessed at 9:49 p.m. and reconvened at 10:02 p.m. with all members present.
3. PARKING FINE PASS-THROUGH FOR NEW STATE SURCHARGE.
Director of Public Works Walter introduced this item, following which Parking Services
Manager Horch presented the agenda report and responded to questions.
Public Comments
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Tuesday, November 16, 2010
There was no public comment.
—end of public comments—
ACTION: Moved by Marx/Settle to adopt Resolution No. 10237 (2010 Series) as
amended to approve an increase of all City of San Luis Obispo parking fines by $3.00 to
cover the additional surcharge imposed by the State of California, effective December 7,
2010; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Ashbaugh spoke about his attendance at the Chamber of Commerce
Green Awards and his attendance at the meeting of CAPSLO.
Council Member Manx spoke about her attendance at the Air Pollution Control District
meeting, opening of the Cal Poly Technology Park and the Regional Transportation
Agency meeting.
Mayor Romero, spoke about his attendance at the opening of the Cal Poly Technology
Park, and Mayors meeting.
Mayor Romero asked that City staff work with RTA staff to reevaluate the overlaps in bus
City/County routes.
COMMUNICATIONS
Council Member Marx announced the Years of Service celebration for Allen Settle which
will be held on November 30, 2010.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 10:40 p.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: xx/xx/10
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MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
WEDNESDAY, DECEMBER 1, 2010 — 12:00 NOON
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice
Mayor Andrew Carter, and Mayor Dave Romero
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attomey, Michael
Codron, Acting Assistant.City Manager, and Elaina Cano, City Clerk, were
present at Roll Call.
.PUBLIC COMMENT
There was no public comment.
CONSENT AGENDA
C1. RESULTS OF THE NOVEMBER 2. 2010. GENERAL.MUNICIPAL ELECTION.
ACTION: Moved by Settle/Ashbaugh to adopt Resolution No. 1.0238 (2010 Series)
declaring the results of the November 2, 2010 General Municipal Election; motion
carried 5:0.
PRESENTATIONS
Mayor Romero presented a gift to outgoing Vice Mayor Andrew Carter and thanked him
for his service in 2010.
Mayor Romero presented a gift to outgoing Council Member Allen Settle and thanked
him for his years of service to the City of San Luis Obispo.
Vice Mayor Carter presented a gift to outgoing Mayor Dave Romero and thanked him
for his years of service to the City of San Luis Obispo.
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Wednesday, December 1, 2010
APPOINTMENTS
Al. OATHS OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBERS-ELECT.
ACTION: City Clerk Cano administered Oaths of Office to newly elected Mayor Marx
and Council Members Carter and Smith.
A2. VICE MAYOR APPOINTMENT FOR 2011.
ACTION: Moved by Carter/Smith to appoint Council Member John Ashbaugh as Vice
Mayor to serve a one-year term commencing upon appointment; motion carried 4:0.
BUSINESS ITEMS
B3. PROCESS TO FILL COUNCIL VACANCY.
City Clerk Cano presented the staff report and responded to questions.
Public Comments
The following speakers spoke in favor of appointing the candidate who received the third
highest vote during the General Municipal Election:
Linda Groover, San Luis Obispo.
Dan Carpenter, San Luis Obispo.
Andrea Miller, San Luis Obispo.
Paul Rys, San Luis Obispo.
David Brodie, San Luis Obispo.
—end of public comments—
Council discussion ensued during which they discussed a memo submitted by Mayor
Marx and Council Member Carter and a separate memo submitted by Vice Mayor
Ashbaugh regarding the options for the process of appointment.
ACTION: Moved by Ashbaugh to waive Council's Policy and Procedures Section 3.3.5
and hold a special meeting at 4:00 p.m. on December 16th: motion failed due to a lack of
a second.
ACTION: Moved by Carter/Smith to hold a special meeting to consider applicants to fill
the vacant Council seat on December 21$t at 7:00 pm; motion carried 3:1 Ashbaugh
opposed.
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Wednesday, December 1, 2010
ACTION: Moved by Carter/Smith to adopt the process to fill the vacancy on the City
Council resulting from the election of Council Member Jan Manx to the Office of Mayor
as outlined in the memo submitted by Mayor Manx and Council Member Carter; motion
carried 4:0.
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 1:12 p.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: xx/xx/11
C1-17 DRAFT
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 7, 2010 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members 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.
PRESENTATION
City Manager Lichtig introduced new Fire Chief Charlie Hines. Chief Hines' wife, Lode,
presented his badge of office and City Clerk Cano administered the oath.
APPOINTMENT
Al. APPOINTMENT-TO THE JOINT USE OF RECREATIONAL FACILITIES
COMMITTEE (JUC).
ACTION: Moved by Carter/Smith, as recommended by Council Subcommittee Member
Allen Settle, to appoint David Robbins to the Joint Use of Recreational Facilities
Committee (JUC) effective December 7, 2010, and expiring March 31, 2014; motion
carried 4:0.
PUBLIC COMMENT
Eric Meyer. San Luis Obispo, spoke in support of appointing Dan Carpenter to the vacant
Council seat.
Gary Fowler, San Luis Obispo, recognized those in the armed services and those who
lost their lives in 1941 at Pearl Harbor. Mr. Fowler also spoke about his concerns
regarding requiring pre-employment physicals and the top fifty highest paid employees of
the City.
C1-18 DRAFT
I.
City Council Meeting Page 2
Tuesday, December 7, 2010
CONSENT AGENDA
Mayor Marx stated for the record that at the Council meeting of October 19"' she recused
herself on Item PH5. It has since been confirmed that Ms. Manx was able to vote on that
item and that there was no conflict of interest.
Public Comment:
David-Brodie, San Luis Obispo, spoke about his concerns in regards to C2.
ACTION: Moved by Ashbaugh/Carter to approve the Consent Agenda as indicated
below.
C1_ MINUTES.
ACTION: Moved by Ashbaugh/Carter to approve (3:0; Smith recused due to her
absence at the October 5 and 19, 2010, Council meetings).
C2. ADOPTION OF AN ORDINANCE ADDING NEW CHAPTER 14.01 TO TITLE 14
(RESERVED)OF THE MUNICIPAL CODE TO INCORPORATE HISTORIC
PRESERVATION ORDINANCE PROVISIONS (GPI 72-09).
Council Member Smith stated for the record that she was in attendance at all Council
meetings when the Historic Preservation ordinance was being discussed and therefore,
would be participating and voting on this item.
Council discussion ensued during which they discussed on-going communications
between the City and Historic District residents and Historic Property owners.
ACTION: Moved by Carter/Ashbaugh to adopt Ordinance No. 1557 (2010 Series)
adding Chapter 14.01 to Title 14 (Community Preservation) of the Municipal Code (4:0).
By consensus, Council directed Staff to return within 60 days to present alternatives for
a formal communication plan to ensure the regular exchange of information between the
City and Historic District residents and Historic Property owners.
C3. ACCEPTANCE OF DONATIONS TO ENHANCE THE PUBLIC ART PROJECT
AT THE MEADOW PARK COMMUNITY GARDEN.
ACTION: Moved by Ashbaugh/Carter to: 1 Accept a donation from the Cydney
Holcomb Trust in the amount of $15,400 to enhance the Cydney Holcomb memorial art
piece at the Meadow Park Community Garden and authorize the Mayor to sign the
Donation Acceptance Agreement. 2. Accept a donation from the Holcomb Family Trust
and appropriate funds in the amount of$15,000 to enhance the Cydney Holcomb
C1-19 DRAFT
City Council Meeting Page 3
Tuesday, December 7, 2010
memorial art piece at the Meadow Park Community Garden and authorize the Mayor to
sign the Donation Acceptance Agreement; motion carried 4:0.
C4. PROPOSED LAGUNA LAKE TRAIL NAMED IN HONOR OF ALLEN SETTLE.
ACTION: Moved by Ashbaugh/Carter to approve naming a trail at Laguna Lake Park in
honor of Allen Settle in recognition of his numerous contributions to the City of San Luis
Obispo during his 30-year tenure as Council Member and Mayor; motion carried 4:0..
PUBLIC HEARING
2. REVIEW OF MINOR SUBDIVISION WITH AFFORDABLE HOUSING
INCENTIVES — 3212 ROCKVIEW (MS 80-10).
Community Development Director Mandeville introduced this item, following which
Deputy Director of Community Development Davidson presented the agenda report and
responded to questions.
City Attorney Dietrick asked that Council Members disclose any ex parte discussions or
communications with the applicants. Council Members indicated that there were no ex
parte communications with the applicants.
Mayor Marx opened the public hearing.
Lenny Grant, project architect, spoke in support of the project and staffs
recommendation. Mr. Grant responded to Council's questions.
Mayor Marx closed the public hearing.
ACTION: Moved by Ashbaugh/Smith, as recommended by the Community
Development Director, to adopt Resolution No. 10239 (2010 Series) and approve the
minor subdivision and affordable housing incentives; motion carred 4:0.
COUNCIL LIAISON REPORTS
Vice Mayor Ashbaugh reported on his attendance at the Water Resources Advisory
Committee.
Mayor Marx reported on her attendance at the Air Pollution Control District meeting and
the Downtown Association quarterly breakfast.
COMMUNICATIONS
By consensus, Council agreed to appoint a Council liaison to the Downtown Association.
C1-20 DRAFT
City Council Meeting Page 4
Tuesday, December 7, 2010
Vice Mayor Ashbaugh stated that he attended the presentations by the Cal Poly
presidential candidates.
Mayor Marx spoke about an article written by Joe Carotenuti in the Journal magazine
regarding street naming. Council directed staff to forward street naming policy to City
Council so Council will understand background to decide in the future if they want to add
a work plan for CHC to update street naming policy in honor of city pioneers.
Mayor Marx read Herb Wesson's Rules of Political Survival.
There being no further business to come before the City Council, Mayor Manx adjourned
the meeting at 8:15 p.m.
Elaina Cano, CMC
City Cleric
APPROVED BY COUNCIL: xx/xx/11
C1-21 DRAFT
_ R. . FILE
��IIIIIIIIII������III��III MEETING AGENDA
Council Red File DAT __!« ITEM
Gi ofSanLius Obis
February 1, 2011
TO: Mayor Marx & Members of the City Council R EC E I VE_®
FEB 0 1 mi
FROM: Elaina Cano, City Clerk
SLO CITY CLERK
VIA: Katie Lichtig, City Manager i
SUBJECT: Revisions to November 16, 2010, Council Meeting Minutes
Council Member Carter has asked that the minutes on page C1-13 be revised.
Staff proposes changes as follows:
Council discussion ensued during which ##" Council members spoke of the importance of
staff working with the Downtown Associations; downtown business people, and neighborhood
associations Vice Mayor Carter spoke of his concerns
regarding-the focus on the hospitality zone and the lack of attention to regulatory solutions
directed by the Council in October 2009. , O
If Council concurs with these revisions, the motion should so indicate.
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GA301-04 MinuteslCorrection to Minutes 11-16-10.doc