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HomeMy WebLinkAbout10/18/2011, C1 - MINUTES MEETING DATE: October 18, 2011 MINUTES AGENDA ITEM: C1 MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 16, 2011 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M.—SPECIAL MEETING —COUNCIL CHAMBER ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, and Mayor Jan Marx Vice Mayor John Ashbaugh arrived at 4:15 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. STUDY SESSION 1. EMERGENCY OPERATIONS PLAN. Fire Chief Hines introduced this item, following which Tom Zeulner presented the agenda report and responded to questions. Public Comments Then:was no public comment. —end of public comments— ACTION: Council received a presentation on the City's Emergency Operation Plan and the role of the City Council during an activation of the Emergency Operations Center. COUNCIL LIAISON REPORTS Vice Mayor Ashbaugh referenced a memo he distributed prior to the Council meeting and on file with the original agenda packet. C1-1 DRAFT City Council Meeting Page 2 Tuesday, August 16, 2011 Council Member Smith reported on her attendance at the SLO Downtown Association Board of Directors, and Architectural Review Commission meetings. Ms. Smith distributed an editorial regarding collective bargaining. Council Member Carter referenced a memo he distributed prior to the Council meeting and on file with the original agenda packet. In addition, Mr. Carter reported on his attendance at the Commencement Ceremony at the California Men's Colony. Mayor Manx urged citizens to vote in the August 20, 2011, special election. The Special Meeting adjourned at 5:13 a.m. 5:00 P.M. —SPECIAL MEETING —COUNCIL HEARING ROOM ANNOUNCEMENT OF CLOSED SESSION TOPICS CitvAttomey Dietrick announced the following Closed Session topics. CONFERENCE WITH LEGAL COUNSEL—Existing Litigation Pursuant to Government Code § 54956.9 (a) Scott Summers v. City of San Luis Obispo and Scott Cramer San Luis Obispo Superior Court Case No. CV118040 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN's: 073-381-007 073-381-008 073-381-009 073-381-010 073-381-011 073-381-012 Property Owners: Darrell Twisselman, Kenneth Twisselman, and Herbert Filipponi Negotiators: City of San Luis Obispo: Katie Lichtig, Michael Codron, Neil Havlik Negotiations: Provide direction to City negotiators 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. C1-2 DRAFT City Council Meeting Page 3 Tuesday, August 16, 2011 The Closed Session adioumed at 6:00 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 Existing Litigation and Real Property Negotiations. No further reportable action was taken. PUBLIC COMMENT Michael Alamo, San Luis Obispo, spoke about his concerns regarding increased fees for City sports fields. Steve Rigor, San Luis Obispo, mentioned the 23rd annual soccer tournament and spoke about his concerns regarding increased fees for the City's sports fields. Derek Bishop, San Luis Obispo, requested the names of those San Luis Obispo Veterans who served in the Vietnam War. Paul Boniour, San Luis Obispo, invited Council to Laguna Lake Golf Course on Monday, September 12, 2011, fora memorial service acknowledging the 10th Anniversary of the September 11 m terrorist attack. Jody Frey, San Luis Obispo, spoke about her concerns regarding Measures A and B. Gary Fowler, San Luis Obispo, urged voters to tum in their ballots by November 15, 2011. Paul Rys, San Luis Obispo, urged voters to vote in support of Measure A and B. CONSENT AGENDA Public Comment: There was no public comment C1. MINUTES. ACTION: Moved by Ashbaugh/Smith to waive oral reading and approve as presented; motion carried 5:0. C1-3 DRAFT City Council Meeting Page 4 Tuesday, August 16, 2011 C2. DESIGN SERVICES FOR CALLE JOAQUIN AND LAGUNA LIFT STATION REPLACEMENTS—REQUEST FOR PROPOSALS, SPECIFICATION NO. 91133. ACTION: Moved by Ashbaugh/Smith to: 1)Approve the request for proposals for Design Services for the Replacement of the Calle Joaquin and Laguna Lift Stations, Specification No. 91133, and authorize its issuanceand 2) Authorize the City Manager to award the contract if the selected proposal is within the total project of$700,000; motion carried 5:0. C3. 2011 WATER RESOURCES STATUS REPORT. ACTION: Moved by Ashbaugh/Smith to receive and file the City of San Luis Obispo's 2011 Water Resources Status Report; motion carried 5:0. C4. FOOTHILL AND TASSAJARA TRAFFIC SIGNAL MODIFICATION, SPECIFICATION NO. 90854. ACTION: Moved by Ashbaugh/Smith to: 1) Approve plans and specifications for construction of the Foothill and Tassajara Traffic Signal Modification Project, Specification No. 90854. 2) Authorize staff to advertise for bids and the City Manager to award the contract if the lowest responsible bidder is under the Engineer's Estimate of$306,000; motion carried 5:0. PUBLIC HEARINGS 2. SLO TRANSIT FARE MODIFICATIONS —DOWNTOWN ACCESS PASS. Deputy Director of Public Works Bochum presented the agenda report. Mass Transportation Committee Chair, Elizabeth Thyne, spoke in support of the MTC recommendation to continue the Downtown Access Pass as it currently exists (100% subsidy)without modifications. Mayor Ma nc opened the public hearing. Morgen Marshall, SLO Regional Rideshare. spoke in support of the MTC's recommendation. Paul Rys, San Luis Obispo, spoke in support of the MTC's recommendation and suggested promoting the reduced costs for seniors. Mayor Marx closed the public hearing. Council Member Carter spoke in opposition to the MTC recommendation; however, Mr. Carter supported the City Manager's recommendation. C1-4 DRAFT City Council Meeting Page 5 Tuesday, August 16, 2011 Council Member Carpenter spoke in opposition to the MTC recommendation; however, Mr. Carpenter supported the City Manager's recommendation. ACTION: Moved by Ashbaugh/Smith, as recommended by the Mass Transit Committee, to continue the Downtown Access Pass Program as it currently exists (100% subsidy) without modification; motion carried 3:2 Carpenter/Carter opposed. 3. CONDUIT FINANCING REQUEST FROM THE UNIVERSITY MINISTRY BOARD OF THE SANTA BARBARA PRESBYTERY FOR AN EIGHT-UNIT HOUSING PROJECT CONSTRUCTED AT 1468 EAST FOOTHILL BOULEVARD. Interim Director of Finance and Information Technology Bradley introduced this item and presented the agenda report. Mayor Marx opened the public hearing. There was no public comment. Mayor Manx closed the public hearing. ACTION: Moved by Ashbaugh/Carter to adopt Resolution No..10290 (2011 Series) allowing the California Municipal Finance Authority on behalf of University Ministry Board of the Santa Barbara Presbytery to issue tax-exempt bonds to assist in refinancing its eight-unit housing project constructed at 1468 East Foothill Boulevard; motion carried 5:0. BUSINESS ITEMS 4. CALLING AND GIVING NOTICE OF A SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION ON NOVEMBER 16, 2011, AND REQUESTING ELECTION SERVICES FROM THE SAN LUIS OBISPO COUNTY ELECTIONS DIVISION FOR THE ORCUTT AREA ANNEXATION. Mayor Marx recused herself due to her ownership of a mobile home within 500 feet of the Orcutt Annexation Area. Ms. Manx left the Council Chamber. City Clerk Cano presented the agenda report and responded to questions. Public Comments Jay Farrior, San Luis Obispo County, spoke in opposition to the proposed annexation. Lory Farrior, San Luis Obispo County. spoke in opposition to the proposed annexation. C1-5 DRAFT City Council Meeting Page 6 Tuesday, August 16, 2011 Jody Frey, San Luis Obispo, spoke about her concerns regarding the cost of conducting a special election. —end of public comments— County Clerk Recorder Julie Rodewald responded to Council questions regarding voter registration and voter fraud. Local Area Formation Commission(LAFCO), Executive Director David Church, responded to Council questions regarding the LAFCO protest hearings. ACTION: Moved by Carpenter/Carter to adopt Resolution No. 10291 (2011 Series), Resolution No.. 10292 (2011 Series) and Resolution No. 10293 (2011 Series)that: 1) a. Call for, and give notice of a Special All Mailed Ballot Municipal Election on Tuesday, November 15, 2011, and request that the San Luis Obispo County Elections Official conduct the November 15, 2011, Special All Mailed Ballot Municipal Election; b. At an All Mailed Ballot Special Municipal Election to be held on November 15, 2011, submit a proposed measure to the voters in the Orcutt annexation area to determine whether the Orcutt Area Annexation to the City ordered by the Local Agency Formation Commission (LAFCO) should be confirmed; and c. Set priorities for filing written arguments regarding the City measures and acknowledging the LAFCO Executive Director shall prepare an impartial analysis; motion carried 4:0, Manx recused. Council discussion ensued during which they discussed the history of the Orcutt Area Specific Plan, as well as the proposed Orcutt Area Annexation. ACTION: Moved by Carter/Carpenter to not appoint an ad hoc committee of the City Council and abide by the priorities as established in Section 9282 of the Elections Code; motion carried 3:1, Ashbaugh opposed - Marx recused. Vice Mayor Ashbaugh spoke in opposition to the motion and stating his support for a Council ad hoc committee to prepare the arguments. S. GENERAL PLAN CONFORMITY DISCUSSION REGARDING THE SURPLUS AND SALE OF THE BUILDING KNOWN AS "SUNNY ACRES" FOR RESIDENTIAL PURPOSES BY THE COUNTY OF SAN LUIS OBISPO (GPC 49-11). Mayor Marx returned to the dais. Council Member Carventer recused himself due to a conflict of interest and left the Council Chamber. Council recessed at 8:50 p.m. and returned at 9:05 p.m. with all members, with the exception of Council Member Carpenter, present. Community Development Deputy Director of Long Range Planning Murry introduced this item, following which Senior Planner Dunsmore presented the agenda report. C1-6 DRAFT City Council Meeting O Page 7 Tuesday, August 16, 2011 Caryn Maddalena San Luis Obispo County Real Property Manager, responded to Council questions and concerns Public Comments Dawn Lego, San Luis Obispo, spoke in support of preserving the "Sunny Acres" building for the purpose of public and private uses. Bob Vessely,San Luis Obispo, spoke in support of preserving the "Sunny Acres" building for a different use other than a single-family residence. Allen Root, San Luis Obispo, suggested to use the "Sunny Acres" building, in collaboration with Conscious Build, for multiple purposes. Pat Wheatley, San Luis Obispo, spoke in support of preserving the "Sunny Acres" building. John Altman, San Luis Obispo, suggested to have the building demolished. Steve Barasch, San Luis Obispo, spoke about the cost of preserving the building and suggested staff research grants to help offset the cost —end of public comments— Council discussion ensued during which they discussed alternative uses for the Sunny Acres property. ACTION: Moved by Ashbaugh/Carter to: 1) Determine that the proposed surplus and sale of the potentially historic Sunny Acres building for residential use or other uses consistent with the conservation open space land use designation is in conformance with the General Plan, 4:0, Carpenter recused. Council discussion ensued during which they discussed the pertinent information to be included in the letter to the County Board of Supervisors. ACTION: Moved by Carter/Smith to authorize the Mayor to send a letter to the County Board of Supervisors as amended; 4:0, Carpenter recused. ACTION: Council directed staff to return at a future date to discuss the implications of the decision to direct staff to move forward with the master list including input from the property owner and/or purchaser owner as to what those impacts may be. STUDY SESSION 6. COMMUNITY DEVELOPMENT DEPARTMENT COST OF SERVICES ANALYSIS. C1-7 DRAFT City Council Meeting Page 8 Tuesday, August 16, 2011 Interim Finance and Information. Technology Director Bradley, Interim Community Development Director Davidson, Chief Building Official Girvin, and Nickole Kissam, Director of Financial Consulting, NBS, presented the agenda report and responded to Council questions.. Public Comments Steve Barasch. San Luis Obispo, spoke about the developers roundtable meeting and his concerns regarding cost recovery. —end of public comments— Council Member Smith requested that the City's fees be compared with other cities. By consensus, Council agreed with the recommended simplified cost-based fee structure, collection approach for planning application fees, implementation of a flat fee structure based on project type for Engineering Development Review but proposed using a surcharge approach to recover Engineering development review costs until a Cost of Service study is completed, implement cost-based fee structure for Fire Development Review by project type and size but proposed using surcharge approach to recover Fire development review costs until a Cost of Service study is completed, adjust fees on annual basis to keep pace with inflation (current practice), and the proposed new fees to recover cost of providing extra level of service for reviewing code modification applications and Board of Appeals actions. ACTION: Council received and provided general direction to staff regarding the Community Development Department construction application fee analysis. COMMUNICATIONS None There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 11:35 p.m. Elaina Cano, CMC City Cleric APPROVED BY COUNCIL: xx/xx/11 C1-8 DRAFT MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, AUGUST 24, 2011 -3:00 P.M. COUNCIL HEARING ROOM, 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 Manx 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. PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Marx called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Greg Zocher, Michael Codron;Andrea Visveshwara, Rick Bolanos Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA), San Luis Obispo Police Staff Officers' Association (SLOPSOA), San Luis Obispo City Firefighters Local 3523, and Fire Battalion Chiefs' Association Unrepresented Employees: Confidential Employees, Unrepresented Management Employees CLOSED SESSION REPORT City Attorney Dietrick reported on the Closed Session at the commencement of the Special Meeting. C1-9 DRAFT i City Council Meeting Page 2 Wednesday, August.24, 2011 The Closed Session adiourned at 6:00 a.m. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 4:30 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: Wxx/11 C1-10 DRAFT MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 6, 2011 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 6:00 P.M. —SPECIAL MEETING—COUNCIL HEARING ROOM 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. ANNOUNCEMENT OF CLOSED SESSION TOPICS City Attorney Dietrick announced the following Closed Session topics. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Greg Zocher, Michael Codron, Andrea S. Visveshwara, Rick Bolanos Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA), Police Staff Officers' Association (SLOPSOA), Fire Battalion Chiefs'Association, and San Luis Obispo City Firefighters, Local 3523 Unrepresented Employees: Confidential Employees, Unrepresented Management. Employees CONFERENCE WITH LEGAL COUNCIL— Existing Litigation Pursuant to Government Code § 54956.9 (a) San Luis Obispo Police Officers Association v. City of San Luis Obispo San Luis Obispo Superior Court Case No. CV110267 PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Marx called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. C1-11 DRAFT � 1 City Council Meeting J Page 2 Tuesday, September 6, 2011 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 adjourned at 6:55 p.m. 7:00 P.M. —REGULAR MEETING —COUNCIL CHAMBER Mayor Marx 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. .PRESENTATION Mayor Manx presented a proclamation to Water Division Manager Gary Henderson for his 27 years of service with the City of San Luis Obispo. PUBLIC COMMENT Gary Fowler, San Luis Obispo, commended Public Works employee Kevin Niles for his responsiveness to community members. Mr. Fowler spoke about his disapproval of the. reactions of some current and past Council members with the results of Measures A and B. Derek Bishop, San Luis Obispo, spoke about his concerns regarding an unfilled pot hole near his residence. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding traffic in the Sacramento Drive area. Melissa Peters and Katie Ott, Department of Health, commended Council for their support with the Tobacco Free campaign. Ron Malak, San Luis Obispo, spoke about the recruitment for the Police Chief position and made suggestions regarding the salary and benefits package. Jody Frey, San Luis Obispo, spoke about her concerns regarding the outcome of Measures A and B. C1-12 DRAFT City Council Meeting ��' `� Page 3 Tuesday, September 6, 2011 CONSENT AGENDA Public Comment Dean Miller, San Luis Obispo, requested that Council pull Item C5 for further discussion and consideration and suggested Council return to the CHC for further consideration and discussion. Bob Vessels. San Luis Obispo, spoke about his concerns regarding Item C5 and suggested Council return to the CHC for further consideration and discussion. Council agreed to pulled Item C5 for further discussion and consideration. C1. MINUTES. ACTION: Moved by Ashbaugh/Smith to waive oral reading and approve as presented; motion carried 5:0. C2. HIGUERA SEWER LINER, SPECIFICATION NO. 91068. ACTION: Moved by Ashbaugh/Smith to: 1)Approve plans and specifications for the Higuera Sewer Liner, Specification No. 91068; and 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$1,024,000; motion carried 5:0. C3. PARKING SWEEPING AND JANITORIAL SERVICE CONTRACT SPECIFICATION NO. 91076. ACTION: Moved by Ashbaugh/Smith to authorize staff to advertise for bids for parking lots and structures sweeping and janitorial services, and authorize the City Manager to award the contract if the lowest responsible bid is within the 2011-12 budgeted amount of$209,100; motion carried 5:0. C4. PREFUMO CREEKILOS OSOS VALLEY ROAD BIKE PATH GRANT FUNDING. ACTION: Moved by Ashbaugh/Smith to: 1) Deprogram $5,484.93 in approved Safe Routes to School grant funding for the construction of the Prefumo Creek Pedestrian Bike Path; and 2) Transfer$119,775 from the project's construction phase to the project's design phase ($55,000) and construction management phase ($64,775) to support the design and construction of the altemative Safe Routes to School bike/pedestrian path along Los Osos Valley Road between Oceanaire Drive and Laguna Lane; motion carried 5:0. C1-13 DRAFT City Council Meeting Page 4 Tuesday, September 6, 2011 C5. RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 868 UPHAM STREET TO THE MASTER LIST OF HISTORIC RESOURCES. Interim Community Development Director Mum responded to public comments and Council questions. Council discussion ensued during which they discussed the Cultural Heritage Review Committee's review process. Council Member Carter spoke in opposition to sending this item back to the Cultural Heritage Committee for further review. ACTION: Moved by Carter as recommended by the Cultural Heritage Committee (CHC), to adopt a resolution adding the property located at 868 Upham Street to the Master List of Historic Resources; motion failed due to a lack of a second. ACTION: Moved by Ashbaugh/Smith to direct the CHC to consider whether the porch enclosure can remain and still make the finding of Integrity as stated in Section 1. Number 5; (4:1 Carter opposed). C6. AUTHORIZATION TO APPLY FOR UP TO $25,000 IN GRANT FUNDING FROM THE DAVENPORT INSTITUTE OF PUBLIC POLICY TO SUPPORT THE PUBLIC ENGAGEMENT COMPONENT OF THE ECONOMIC DEVELOPMENT STRATEGIC PLANNING PROCESS. ACTION: Moved by Ashbaugh/Smith to: 1) Direct staff to complete and submit an application for grant monies up to the amount of$25,000 from Pepperdine University's Davenport Institute 2011 Public Engagement Grant Program; and 2)Authorize the City Manager to execute all grant related documents; motion carried 5:0. C7. RESOLUTION OF INTENTION TO APPROVE A SECOND FRANCHISE AGREEMENT WITH CONOCOPHILLIPS PIPELINE COMPANY FOR PIPELINES LOCATED WITHIN CITY RIGHTS-OF-WAY. ACTION: Moved by Ashbauah/Smith to adopt Resolution No. 10295 (2011 Series) to approve a second franchise agreement with ConocoPhillips and schedule a public hearing on October 4, 2011, to allow for public comment on the agreement; motion carried 5:0. C8. APPROVAL OF APPLICATIONS FOR ENVIRONMENTAL GRANT FUNDS FROM THE: 1) STATE HABITAT CONSERVATION.FUND:.2) STATE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM: AND 3) PROPOSITION 84 RIVER PARKWAYS GRANT PROGRAM. ACTION: Moved by Ashbaugh/Smith to adopt Resolution No. 10296 (2011 Series), Resolution No. 10297 (2011 Series), and Resolution No. 10298 (2011 Series) C1-14 DRAFT City Council Meeting Page 5 Tuesday, September 6, 2011 authorizing staff to complete and submit applications for grant monies in the amount of: 1) $85,000 from the Habitat Conservation Fund ("HCF"); 2) $125,000 from the Environmental Enhancement and Mitigation Program ("EEMPI; and 3) $1,000,000 from the Proposition 84 River Parkways Grant Program ("River Parkways Grant'); motion carried 5:0. C9. RESULTS OF THE AUGUST 30, 2011, SPECIAL MUNICIPAL ALL MAILED BALLOT ELECTION. (CORDON/CANO) ACTION: Moved by Ashbaugh/Smith to adopt Resolution No. 10299 (2011 Series) declaring the results of the August 30, 2011, Special Municipal All Mailed Ballot Election; motion carried 5:0. BUSINESS ITEM 1. APPROVAL.OF AN AMENDMENT TO THE MEMORANDUM OF AGREEMENTS DATED SEPTEMBER 7. 2010. BETWEEN THE CITY AND GARDEN STREET SLO PARTNERS, L.P. Assistant City Manager Codron introduced this item, following which Economic Development Manager Clark presented the agenda report and responded to questions. Public Comments Carol Florence, Principle Planner, responded to Council Member questions, spoke in support of staffs recommendation and commended Economic Development Manager Claris for her work with Garden Street SLO Partners, L.P. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding the Garden Street Terraces project. --end of public comments— ACTION: Moved by Carpenter/Carter to approve an amendment to the Memorandum of Agreements dated September 7, 2010 (Agreement), between the City of San Luis Obispo ("City") and Garden Street SLO Partners, L.P., a California limited partnership ("Developer"), regarding the Garden Street Terraces Project reducing the minimum requirement for residential units from 13 to 8; motion carried 5:0. Council Member Smith spoke about her concerns regarding the cost of the residential units and the increased noise. STUDY SESSION Cl-15 DRAFT City Council Meeting Page 6 Tuesday, September 6, 2011 2. SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY DRAFT ORDINANCE ESTABLISHING A WASTE REDUCTION AND REUSE PROGRAM FOR CARRYOUT BAGS. Ron Munds, introduced this item, following which IWMA Manager Worrell presented the agenda report and responded to questions. Public Comments The following speakers spoke in support of the proposed ban of single use plastic bags. Shannon Diaz, Intern San Luis Obispo CoastKeeper (document submitted during the Council meeting is on file with the original agenda packet). Jody Frey, San Luis Obispo, Kelsey Cowin, Intern San Luis Obispo CoastKeeper Gordon Hensley, San Luis Obispo CoastKeeper Victoria Carranza, Cal Poly San Luis Obispo Student Eric Unkugel, Chamber of Commerce; suggested a longer timeframe but overall supportive. Megan Farrell, San Luis Obispo Brian Engleton, San Luis Obispo Chad Work, San Luis Obispo (submitted a Single Use Bag Analysis DRAFT, on file with the original Agenda Packet). Richard Kransdorf, San Luis Obispo, Kevin Rice, San Luis Obispo, spoke in opposition to the proposed ban of single use plastic bags. Gary Fowler, San Luis Obispo, spoke in opposition to the proposed ban of single use plastic bags. —end of public comments— Council discussion ensued during which they discussed a fair, practical and uniformed implementation of the proposed ban. ACTION: Council received a presentation from the IWMA and provided Vice Mayor Ashbaugh, Council Liaison to the IWMA, with input to consider with the IWMA Board. COUNCIL LIAISON REPORTS Vice Mayor Ashbaugh reported on his attendance at the CAPSLO Board meeting. Council Member Smith reported on her attendance at the Microsoft Office training and submitted a separate list of meetings. C1-16 DRAFT City Council Meeting Page 7 Tuesday, September 6, 2011 Mayor Marx reported on her attendance at the Mayor's meeting. COMMUNICATIONS Mayor Manx spoke about the 10th Anniversary of September 11 m terrorist attack and expressed her gratitude to the City's first responders. Vice Mayor Ashbauqh stated that we have seven fire personnel assisting in out of state fires. City Manager Lichtiq stated that a remembrance of September 11"'will be held at Fire Station 1. There being no further business to come before the City Council, Mayor Manx adjourned the meeting at 9:40 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: xx/xx/11 C1-17 DRAFT MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 20, 2011 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. —SPECIAL MEETING—COUNCIL CHAMBER ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, and Mayor Jan Marx Absent: Vice Mayor John Ashbaugh 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 Mayor Marx and Human Resources Director Irons presented Employee Service Awards. CLOSED SESSION IMMEDIATELY FOLLOWING THE 4:00 P.M. SPECIAL MEETING —COUNCIL HEARING ROOM ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Dietrick announced the following Closed Session topics. CONFERENCE WITH REAL PROPERTY NEGOTIATORS 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. Christine Dietrick San Luis Obispo Court Street, LLC (aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer, Mark Rawson Negotiations: Direction as to terms of payment on Option to Purchase Real Property Agreement C1-18 DRAFT City Council Meeting C O Page 2 Tuesday, September 20, 2011 CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 (a) Secrest v. City of San Luis Obispo San Luis Obispo County Superior Court Case No. CV 060225 CONFERENCE WITH LEGAL COUNSEL—Anticipated Litigation Pursuant to Government Code § 54956.9 (c) One (1) potential case, CBS Outdoor Incorporated CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 (a) McDow, Daniel v City of San Luis Obispo Workers' Compensation Appeals Board No. ADJ7291309; ADJ863003; ADJ7805748 PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Marx called for public comments. Arnold Jonas, San Luis Obispo, spoke about his concerns regarding the CBS Outdoor Incorporation billboard and suggested removal of the billboard in question. Andrew Merriam, San Luis Obispo, concurred with Mr. Jonas' comments. ADJOURN TO CLOSED SESSION Vice Mayor Ashbaugh joined the Closed Session at 5:50 p.m. 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 6:45 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 Real Property Negotiations, Existing Litigation, and Anticipated Litigation. No further reportable action was taken. C1-19 DRAFT City Council Meeting Page 3 Tuesday, September 20, 2011 PRESENTATIONS Mayor Marx presented a proclamation to Maior Nicole Balliet, Commander, Camp San Luis Obispo, for Employer Support of the Guam and Reserve. Mayor Marx presented a proclamation in honor of World Habitat Day to Julia Ogden, Director, Habitat for Humanityfor San Luis Obispo. PUBLIC COMMENT Gary Fowler, San Luis Obispo, spoke about his concerns with the plastic and paper bag, public notices and suggested Cold Canyon Landfill and NAM continue to recycle the plastic bags. Derek Bishop. San Luis Obispo, spoke about his concerns regarding an ad placed by the Police Department in the Mustang Daily referring to the noise ordinance.. Curtis Reinhardt, Director of the Railroad Festival, informed the Council of the upcoming Central Coast Railroad Festival. Donald E. Hedrick, San Luis Obispo, spoke in support of the recycling program. Kevin Rice, San Luis Obispo, spoke about Coastal Cleanup Day and his concerns regarding the air pollution report connected to off road activities at the Oceano Dunes. Jody Frey, San Luis Obispo, spoke in opposition to the Garden Street Terraces and Chinatown project and of her concerns regarding the smoking ban. Dr. Will Powers, San Luis Obispo, spoke about his concerns regarding staff in the Public Works Department and the street paving project on Johnson Avenue. City Manager Uchti4 responded to public comments regarding the street paving project and assured Council that analysis was conducted and is available upon request. CONSENT AGENDA Council Comments: Vice Mayor Ashbaugh made comments regarding Items C2, and C4. Police Chief Linden responded to the Vice Mayor's question regarding Item C2. Mayor Marx made comments regarding Items C6 and C8. Public Comment C1-20 DRAFT City Council Meeting _ �" Page 4 Tuesday, September 20, 2011 Item C8 Tim Williams. San Luis Obispo. Digit West, spoke in support of stafrs recommendation. Jane Maxwell, Rotary Club, San Luis Obispo, spoke in support of Item C6 C1. MINUTES.. ACTION: Moved by Carter/Smith to waive oral reading and approve as presented; motion carried 5:0. C2. PUBLIC SAFETY SERVER REPLACEMENT. ACTION: Moved by Carter/Smith to award a contract to Solutions II in the amount of $265,284 for the replacement of the public safety computer-aided dispatch and records management system servers; motion carried 5:0. C3. SEWERLINE REPLACEMENT 2009-10, SPECIFICATION NO. 90916. ACTION: Moved by Carter/Smith to: 1) Approve the plans and specifications for the Sewerline Replacements 2009-10 project, Specification No. 90916; and 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$1,120,000; motion carried 5:0. C4. UTILITY USERS TAX COMPLIANCE AND REVENUE PROTECTION PROGRAM. ACTION: Moved by Carter/Smith to approve a contract with MuniServices, LLC ("MuniServices' and Donald H. Maynor, A Professional Law Corporation ("Donald Maynor") to perform Utility Users Tax (UUT) compliance and revenue protection services; motion carried 5:0. C5. FEDERAL ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION FOR 2011. ACTION: Moved by Carter/Smith to: 1)Authorize staff to submit a grant application for an estimated $65,000 to the Federal Assistance to Firefighters Grant Program to fund Thermal Imaging Cameras (TIC's) for fire suppression personnel; and 2) If grant is awarded, authorize the City Manager to accept and appropriate the funds to Fire Department Operating Material and Supplies; motion carried 5:0. C6. NAMING OF THE RAILROAD SAFETY TRAIL PHASE 4A IN RECOGNITION OF THE SAN LUIS OBISPO ROTARY CLUB AND OTHER DONORS. CI-21 DRAFT City Council Meeting Page 5 Tuesday, September 20, 2011 ACTION: Moved by Carter/Smith, as recommended by the Parks and Recreation Commission, to approve naming the section of the Railroad Safety Trail from the Cal Poly/City limit to Foothill Boulevard, the "Rotary Conner-Cletsoway Link of the Railroad Safety Trail"; motion carried 5:0 C7. APPROVAL OF TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY.. ACTION: Moved by Carter/Smith to: 1) Approve the Cal Poly contribution schedules and scope of transit services for the Cal Poly Subsidy Program; and 2) Adopt Resolution No. 10300 (2011 Series) authorizing the City Manager to execute the agreement between the City and Cal Poly, and approve any amendments during the term of the agreement; motion carried 5:0. C8. CITY COMMUNICATIONS CONDUIT AGREEMENT. ACTION: Moved by Carter/Smith to approve agreement with Digital West Networks, Inc. for use of City communications conduit in exchange for labor involved with completion of a redundant City fiber loop and for other in-kind consideration as specified; motion carried 5:0. PUBLIC HEARING 1. EXPENDITURE PLAN FOR 2011-12 CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. Chief of Police Linden presented the agenda report and responded to Council questions. Mayor Manx opened the public hearing. There was no public comment. Mayor Marx closed the public hearing. ACTION: Moved by Smith/Ashbaugh to adopt.Resolution No. 10301 (2011 Series) approving an expenditure plan for$100,000 from the 2011-12 California Supplemental Law Enforcement Services Fund (SLESF) to continue funding the salary and benefits for a Police Department Communications Technician; motion carried 5:0. BUSINESS ITEM 2. REQUEST FOR PROPOSALS FOR CONSULTANT ASSISTANCE FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE PROCESS INCLUDING FISCAL ANALYSIS AND ENVIRONMENTAL IMPACT REPORT (EIR)— SPECIFICATION NO. 91138. C1-22 DRAFT City Council Meeting � � Page 6 Tuesday, September 20, 2011 Community Development Deputy Director Munn presented the agenda report and responded to Council questions. Public Comments Amy Lopez, San Luis Obispo, spoke in support of staffs recommendation —end of public comments— Council discussion ensued during which they spoke in support of staffs recommendation and the assistance of Cal Poly's Graduate Program. ACTION: Moved by Carpenter/Smith to: 1) Approve the work scope for the General Plan update process including the fiscal analysis and EIR consultant services in connection with the Land Use and Circulation Elements update project and authorize staff to proceed with sending out Request for Proposal (RFP) documents to qualified consulting firms; and 2) Authorize the City Manager to award the contract to aqualified consulting firm for consultant services provided proposal is within budgeted amount; motion carried 5:0. STUDY SESSION 3. REVIEW OF A PROPOSED DEVELOPMENT AGREEMENT CONCEPT BETWEEN THE CITY AND CHEVRON CORPORATION TO FACILITATE THE EARLY INSTALLATION OF INFRASTRUCTURE JN THE AIRPORT AREA. Assistant City Manager Codron introduced this item and presented the agenda report and responded to Council questions. Victor Montgomery, Chevron Representative: gave a presentation and responded to Council questions. Bill Almas, Senior Project Manager, Chevron Land and Developmerrt gave a presentation and responded to Council questions. Council recessed at 9:22 p.m. and reconvened at 9:36 p.m. with all members present Public Comments Allen Settle, San Luis Obispo, spoke in support of proceeding with the project and recommended removing the colliiseum on the Chevron property. Tv Safreno, CEO Trust Automation, San Luis Obispo, spoke in support of staffs recommendation. C 1-23 DRAFT City Council Meeting `J Page 7 Tuesday, September 20, 2011 Ermina Karim. Chamber of Commerce CEO, spoke in support of the project and of the reimbursement agreement. Doug Hoffman, San Luis Paper Company. Owner, spoke in support of the project. Jody Frey, San Luis Obispo, spoke of her concerns regarding the proposed roundabout on Santa Fe and Broad Street. Will Powers, San Luis Obispo, spoke in opposition to the project. —end of public comments— Council discussion ensued during which they spoke in support of staff continuing their efforts with the reimbursement agreement for development of the property and infrastructure, preservation of open space and natural resources. Discussion also included concerns regarding the phasing of widening of Tank Farm Road and the job- housing balance. ACTION: Council received presentations from City staff and Chevron Corporation representatives regarding the installation of infrastructure in the Airport Area and the principles of a potential development agreement that would provide reimbursement to Chevron for infrastructure costs that exceed its fair share requirement; and provided direction to staff to proceed with a more detailed analysis of the proposal. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Smith reported on her attendance at SLODA meeting and Student Community Liaison Committee meeting. Ms. Smith referred to a letter she received from business owners near the Railroad Square regarding Greyhound busses parking in the Amtrak parking lot. City Manager Lichtig and Assistant City Manager Codron responded to Ms. Smith's questions and concerns and stated that staff will contact the business owners. Vice Mayor Ashbaugh reported on his attendance at the IWMA, and CAPSLO meetings, as well as the Constitution Day event at Cuesta College, September 11th Ceremony, and Taste of SLO. Council Member Carpenter reported on his attendance at the September 11th ceremony at the Nazarene Church. Mayor Marx stated that she is serving on a subcommittee of SLOCOG that is considering putting forth a % cent sales tax measure on the ballot. Ms. Manx also reported on her attendance at the September 11 cn celebration, service at the Presbyterian Church, Laguna Lake Golf Course presentation for Laguna Middle School students, Fall Conference at Cal Poly, SCLC, and Constitution Day celebration at Cuesta College, C1-24�DRAFT - City Council Meeting Page 8 Tuesday, September 20, 2011 Vice MayorAshbauoh spoke about his concerns regarding increased graffiti in his neighborhood and a recent homicide. There being no further business to come before the City Council, Mayor Ma nc adjourned the meeting at 10:40 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: xodxod11 C1-25 DRAFT