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HomeMy WebLinkAbout09/06/2011MINUTES 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. City Council Meeting Tuesday, September 6, 2011 Page 2 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 adjoumed 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 Marx 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. City Council Meeting Tuesday, September 6, 2011 CONSENT AGENDA Public Comment: Page 3 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 Vessely, 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 SE 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 CREEK/LOS 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 alternative Safe Routes to School bike /pedestrian path along Los Osos Valley Road between Oceanaire Drive and Laguna Lane; motion carried 5:0. City Council Meeting Page 4 Tuesday, September 6, 2011 CS. RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 868 UPHAM STREET TO THE MASTER LIST OF HISTORIC RESOURCES. Interim Community Development Director Murry 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. 1 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 I PIPELINES LOCATED WITHIN CITY RIGHTS -OF -WAY: ACTION: Moved by Ashbaugh /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 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) 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 ( "EEMP "); 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_ (201.1 Series) declaring the results of the August 30, 2011, Special Municipal All Mailed Ballot Election; motion carried 5;0. 1. BUSINESS ITEM ::GARDEN STREET SLO PARTNERS, L.P. N THE CITY AND 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 Clark 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 1 City Council Meeting Page 6 Tuesday, September 6, 2011 2. SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY DRAFT ORDINANCE ESTABLISHING A WASTE REDUCT 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 Linkugel, 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. L 1 1 City Council Meeting Page 7 Tuesday, September 6, 2011 Mayor Marx reported on her attendance at the Mayor's meeting. COMMUNICATIONS Mayor Marx spoke about the 10th Anniversary of September 11th terrorist attack and expressed her gratitude to the City's first responders. Vice Mayor Ashbaugh stated that we have seven fire personnel assisting in out of state fires. City Manager Lichtig stated that a remembrance of September 11th will be held at Fire Station 1. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:40 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: 10/18/11 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