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HomeMy WebLinkAbout06/07/2011MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 7, 2011 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice Mayor John Ashbaugh, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS Mayor Marx presented certificates of appreciation to San Luis Obispo High School students for their community service. County Administrative Officer, Jim Grant, gave a presentation regarding County redistricting and responded to Council questions. PUBLIC COMMENT John Altman, requested that Council place a ban on plastic bags in the City of San Luis Obispo. Donald. E. Hedrick, San Luis Obispo, spoke about his concerns regarding the commercial zoning surrounding Sacramento Drive. Will Powers, San Luis Obispo, spoke of his concems regarding the Public Works Department. Council consensus was to direct staff to bring back the Johnson Avenue project regarding restriping from Pismo to Lizzie. Gary Fowler, San Luis Obispo, asked about the funding for the improvements on upper Monterey and staffing in the City Clerk's office. Public Works Director Walter responded to Mr. Fowler's concern regarding the funding for the Monterey Street project. City Council Meeting Tuesday, June 7, 2011 Page 2 Jody Frey, San Luis Obispo, spoke in opposition to the August 30, 2011, Special Municipal election and in support of binding arbitration. Daniella Amon, San Luis Obispo, spoke about her concerns regarding the ban of plastic bags. CONSENT AGENDA By consensus, Council agreed to pull items C4 and C8 for further discussion. Council Comments: Public Comment: Item C8 Viv_.Dilts, San Luis Obispo, spoke in support of Item C8. Item C9 Margaret Carmen, spoke in opposition to Smart Meters. Katherina - Koller; _San .Luis Obispo, spoke in opposition to Smart Meters. Pat Renshaw, Los Osos, spoke in opposition to Smart Meters. Jeanne Vinson, San Luis Obispo, spoke in opposition to Smart Meters. Danielle Amon, San Luis Obispo, spoke in opposition to Smart Meters. Item C10 Jody Frey, San. Luis Obispo, spoke about her concerns regarding the Chinatown project and questioned the participation of Mayor Marx in the decision making of that project. Kevin Rice spoke on Items C4; C9, and C10. City Attorney. Dietrick explained that the conflict of interest provisions of the Political Reform Act address financial conflicts of interest and stated that if there is no financial interest with the Copeland's then there would not be a reason for the Mayor not to be involved in the discussion and action of the item. C1. MINUTES. ACTION: Moved by Carter /Smith to waive oral reading and approve as presented; motion carried 5:0. City Council Meeting Page 3 Tuesday, June 7, 2011 C2. JOHNSON WATERLINE AND PAVEMENT REPAIR PROJECT, SPECIFICATION NO. 01042. ACTION: Moved by Carter /Smith to: 1) Award a contract to John Madonna Construction Company Inc. in the amount of $173,928.25 for the Johnson Waterline and Pavement Repair Project, Specification No. 91042. 2) Approve a transfer of $194,000 from the Water Distribution System Improvements Master account to this project's construction account; motion carried 5:0. C3. PARKING LOT SLURRY SEAL VARIOUS LOCATIONS.. SPECIFICATION NO. 90961. ACTION: Moved by Carter /Smith to: 1) Award a contract to D -KAL Engineering Inc. in the amount of $158,985 for the Parking Lot Slurry Seal Various Locations Project, Specification No. 90961; 2) Approve a transfer of $62,000 from the Parking Fund Capital Improvement Plan completed projects account to this project's construction account; and 3) Approve a transfer of $22,485 from the Parking Fund Capital Improvement Plan Lot Reseal and Restriping account to this project's construction account; motion carried 5:0. C4. FINAL ADOPTION OF CURFEW ORDINANCE. ACTION: Moved by Carter /Ashbaugh to adopt Ordinance No. 1562 (2011 Series) adding Chapter 9.50 to the San Luis Obispo Municipal Code adding a nighttime curfew for minors; motion carried 3:2, Carpenter /Smith opposed. C5. PRE - ANNEXATION AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO TO ALLOW ENTITLEMENTS IN PROCESS IN THE ORCUTT AREA TO BE COMPLETED. BY THE COUNTY. ACTION: Moved by Carter /Smith to authorize the City Manager to sign the pre - annexation agreement on behalf of the City; motion carried 5:0. C6. AUTHORIZING THE COUNTY'S COLLECTION OF FIRE AND LIFE SAFETY ACTION: Moved by Carter /Smith.to adopt Resolution No. 10267 (2011 Series) enabling the continued collection of multi = dwelling property fire and life safety inspection fees via the secured property tax roll administered by the County; motion carried 5:0. C7. MODIFICATION OF 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATIONS. ACTION: Moved by Carter /Smith to adopt Resolution No. .10268 (2011 Series) modifying funding allocations for the 2011 Program Year based on new funding City Council Meeting Page 4 Tuesday, June 7, 2011 estimate from the U.S. Department of Housing and Urban Development; motion carried 5:0. C8. EMERGENCY OPERATIONS PLAN (EOP) -FOR THE CITY OF SAN. LUIS OBISPO. City Manager Lichtig explained that there will be a study session regarding the EOP at a future Council meeting. ACTION: Moved by Smith /Ashbaugh to approve Emergency Operations Plan (EOP) for the City of San Luis Obispo; motion carried 5 :0. C9. LETTER OF SUPPORT FOR. IMPROVED OPT OUT OPTIONS ACTION: Moved by Carter /Smith to authorize the Mayor to send a letter to the CPUC in support of improved opt out options for Pacific Gas and Electric Company (PG &E) customers who would prefer to not have SmartMeters installed at their place of residence or business; motion carried 5:0. C10. MODIFICATION OF-THE OPTION TO PURCHASE REAL PROPERTY (CHINATOWN OPTION) TO PROVIDE A. SIX MONTH SUSPENSION OF THE PAYMENT TERM DUE ON JULY 2, 2011, TO FACILITATE NEGOTIATIONS OF AMENDMENTS TO THE OPTION: Vice Mayor Ashbaugh recused himself and left the Council Chamber. ACTION: Moved by Carter /Carpenter to authorize the Mayor to enter into, on behalf of the City, a modification of the Chinatown Option between the City and SLO Chinatown LLC to provide a six month suspension of the payment term due on July 2, 2011, to facilitate negotiation of a phasing plan and other terms and conditions for the Chinatown project; motion carried 4:0, Ashbaugh recused. C11. AWARD OF AUDIT SERVICES CONTRACT. ACTION: Moved by Carter /Smith to award the contract for auditing services to Glenn, Burdette, Phillips & Bryson, Certified Public Accountants (GBPB), for a term of. three years with an option to renew for another two years; motion carried 5:0. C12. 2011 NATIONAL SCENIC BYWAYS PROGRAM GRANT APPLICATION. ACTION: Moved by Carter /Smith to: 1) Approve grant submission for a 2011 National Scenic Byways Program (NSBP) grant in the amount of $177,500 for Gateway Median Enhancements and, if grant is awarded, authorize the City Manager to execute the grant documents; 2) Approve the project for inclusion into the City's Capital Improvement Program as Scenic Byway — Median Enhancements and when grant is City Council Meeting Page 5 Tuesday, June 7, 2011 awarded, appropriate $177 ,'50C°`of NSBP grant revenues and $17,500 of City matching funds into the project budget; and 3) Authorize the use of Capital Improvement Program Completed Projects funds as an eligible grant match and approve the corresponding transfer of $17,500 from the CIP Completed Projects account to the project accounts; motion carried 5:0. C13. BOB JONES TRAIL CONNECTION PRADO AND SOUTH HIGUERA, MEASURE Y PROJECT. SPECIFICATION NO. 90670. ACTION: Moved by Carter /Smith to: 1) Approve plans and special provisions for Bob Jones Trail Connection Prado and South Higuera, Specification No. 90670, a Measure Y project. 2) Authorize staff to advertise for bids, and authorize the City Manager to award the contract if the lowest responsible bidder is within the Engineer's Estimate; motion carried 5:0. C14. NEW FREEDOMS GRANT FUNDING AND RIDERSHIP ACTION: Moved by Carter /Smith to: 1) Appropriate $20,000 of Federal Transit Administration (FTA) Section 5317 New Freedoms Grant funding for expanded transportation services; 2) Approve the use of $5,000 from the Transit Enterprise Fund Operating Budget Advertising Services account as the local match to access the Federal funds; and 3) Authorize the City Manager to approve a contract amendment (Encumbrance No. 33409) for consultant services with Ridership Development Consultants of Atascadero in an additional amount not to exceed $25,000; motion carried 5:0. PUBLIC HEARINGS 1. APPEAL OF WATER AND SEWER IMPACT FEES FOR A City Attorney Dietrick asked that Council disclose any ex parte communications with the applicant. Mayor Marx and all Council Members stated that they had spoken with the applicant prior to the Council meeting. Water Division Manager Henderson presented the agenda report and responded to questions. Mayor Marx opened the public hearing. Marshall Ochilski, Appellant representative, spoke in opposition to staff's recommendation. 1 City Council Meeting Page 6 Tuesday, June 7, 2011 Alex Benson, Appellant, read from a written statement he submitted at the Council meeting and on file with the original agenda packet. Mr. Benson responded to Council questions. John French, San Luis Obispo, spoke in opposition to staffs recommendation and recommended waiving the water and sewer impact fees. Mayor. Marx closed the public hearing. Council discussion ensued during which they discussed the comparison of single family and multi - family impact fess, water and historical use, and the necessity for housing in the downtown. Council further discussed possible exceptions to the current general policies for this specific property. City Attorney Dietrick stated that a resolution could be crafted, consistent with Municipal Code Chapter 4.20 Section E, which would support Council findings and require that any change from the type or intensity of use for the justification of a. waiver would require the payment of fees. ACTION: Moved by Ashbaugh /Carpenter to uphold the appeal and direct staff to return with a resolution summarizing the findings for review and approval; 5:0. Council recessed at 9 :30 p.m. and returned at 9:45 p.m. with all Council members present. By consensus, Council agreed to reorganize the agenda. 3. APPROVAL OF A LOT LINE ND COUNTY.DOC. NO. 2009 - 43146) AND ANNEXATION 1146 FARMHOUSE LANE (ANNX/LLA/ER 117 -10).. Community Development Director Mandeville introduced this item, following which ,Deputy Director Davidson presented the agenda report. Mayor Marx opened the public hearing. spoke in support of recommendation. Don Ernst, San Luis Obispo, submitted a speaker card but did not speak. Mayor Marx closed the public hearing. ACTION: Moved by Smith /Carter, as recommended by the Planning Commission, to adopt Resolution No. 10269 (2011 Series) approving a lot line adjustment between two City Council Meeting` Page 7 Tuesday, June 7, 2011 lots (one in the City and one in the County), and approving a concurrent annexation request and Negative Declaration of environmental impact; motion carried 5:0. 6. BUSINESS ITEMS DEADLINE EN SPRINGFIELD BAPTIST CHURCH. AFF REGARDING Assistant City Manager Codron introduced this item, following which Economic Development Manager Clark and Chief Building Official Girvin presented the agenda report and responds to questions. Public Comments Pierre- Radamaker, San Luis Obispo, spoke in support of staffs recommendation. Jim Kelsey, Realtor, requested an extension and annual review of the progress of the fundraising, while still allowing the congregation to occupy it. Pastor Henry Ford, - Springfield Baptist Church, requested an extension and responded to Council questions. - - -end of public comments— Council Member Carter spoke of his concerns regarding giving an extension of enforcement to a for - profit assembly hall and not.giving an extension to a non- profit assembly hall. Vice Mayor Ashbaugh'stated that the City has an obligation to enforce the standards. Mr. Ashbaugh spoke of his concerns regarding deadlines and the current fundraising efforts. Mayor Marx spoke in support of extending the deadline of enforcement and urged the Congregation to continue their fundraising efforts. Council Member Smith spoke in support of an extension of enforcement to 2015 and of the difficulty in raising funds. Council Member Carpenter spoke of his concerns regarding the possibility of vandalism should the building become vacant, and the safety risk of those who may be in the building during an earthquake. ACTION: Moved by Smith /Carter to suspend enforcement action to July 2015 and report back on an annual basis with updates to the progress, to include indemnification City Council Meeting Page 8 Tuesday, June 7, 2011 requirements, and strategies suggested by the Chief Building Official; 3:2, Ashbaugh Carpenter opposed. Vice Mayor Ashbaugh stated his opposition to the motion was due to length of the extension. Council Member Carpenter stated his opposition to the motion was due to the safety risk of those that attend services at the church. PUBLIC HEARINGS CONTINUED 4. TEMPORARY TAXI RATE INCREASE. Deputy Director Public Works Bochum introduced this item, following which Transit Manager Webster presented the agenda report. Mayor Marx opened the public hearing. Paul Karp, 234 -TAXI, spoke in support of staff's recommendation. Dan Ros, Surf Cab -Co., explained the running wait time and spoke in support of staffs recommendation. Mayor Marx closed the public hearing. Council Member Carter spoke of his concerns regarding 234 Taxi, LLC "Pick Up -Flag Drop" rates. ACTION: Moved by Ashbaugh /Carpenter to adopt Resolution No. 10270 (2011 Series) approving a temporary taxi rate increase based on current gas prices; motion carried 4:1, Carter opposed. 2. 2010 GENERAL PLAN ANNUAL REPORT (GPI 18 -11). Community Development Director Mandeville introduced this item, following which Senior Planner Dunsmore presented the agenda report and responded to Council questions. Mayor Marx opened the public hearing. There were no public comments. Mayor Marx closed the public hearing.. C L City Council Meeting Page 9 Tuesday, June 7, 2011 ACTION: Moved by Ashbaugh /Carter, as recommended by the Planning Commission, to accept the 2010 Annual Report on. the General Plan.; motion carried 5:0. Council Member Carte_ r stated his concerns with the comparison of residential and commercial growth. Council Member Smith concurred with Council Member Carter's concerns. 5. APPROVE A_FRANCHISE AGREEMENT WITH CONOCOPHILLIPS PIPELIN COMPANY FOR PIPELINES LOCATED WITHIN CITY RIGHTS -OF -WAY. Assistant City Manager Codron introduced this item and presented the agenda report. . Mayor Marx opened the public hearing. There was no public comment. Mayor Marx closed the public hearing. ACTION: Moved by Ashbaugh /Carter to introduce Ordinance No. 1564 (2.011 Series) to approve a franchise agreement with ConocoPhillips for pipelines located in City rights - of -way; motion carried 5 :0. BUSINESS ITEMS 7. CLARI [,17 2.42 City Attorney Dietrick introduced this item and presented the agenda report. Public Comments There was no public comment. ---end of public comments— ACTION: Moved by Ashbaugh /Carter to adopt Ordinance No. 1563 (2011 Series) amending Chapter 2.42 of the Municipal Code to provide clarity in the administration of the August 30, 2011, election based on input from the County Registrar of Voters; motion carried 5:0. None COUNCIL LIAISON REPORTS City Council Meeting Page 10 Tuesday, June 7, 2011 COMMUNICATIONS None There being no furtherbusiness to come before the City Council, Mayor Marx adjourned the meeting at 11:41 p.m. Elaina Cano, CIVIC City Clerk .APPROVED BY COUNCIL: 08/16/11 1 1