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Home My WebLink About11/15/2011MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 15, 2011 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 and Mayor Jan Marx Vice Mayor John Ashbaugh was present for the CONFERENCE WITH LABOR NEGOTIATORS and CONFERENCE WITH LEGAL COUNSEL — Existing Litigation. Mr Ashbaugh was not present during the CONFERENCE REGARDING PROPERTY NEGOTIATIONS due to a conflict of interest. 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, Katie Lichtig, Michael Codron, J. Christine Dietrick, Andrea S. Visveshwara 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 REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002 -416 -034 and 002 -416 -029 Negotiating Parties: City Council Meeting Tuesday, November 15, 2011 City of San Luis Obispo: San Luis Obispo Court Street, LLC (aka San Luis Obispo Chinatown, LLC): Negotiations: Page 2 Katie Lichtig, Michael Codron, J. Christine Dietrick Tom Copeland, Suzanne Fryer, Mark Rawson Direction as to terms of payment on Option to Purchase Real Property Agreement . CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 San Luis Obispo Police Officers Association v. City of San Luis Obispo Public Employment Relations Board, Tracking No. 39381822U137 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. The Closed Session adioumed at 7:05 p.m. 7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER Mayor Marx called the Regular Meeting to order at 7:07 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss Labor Negotiations, Property Negotiations, and Existing Litigation as indicated above. No further reportable action was taken. INTRODUCTIONS City Manager Lichtiq introduced the new Finance and Information Technology Director, Charles Bourbeau, and the new Community Development Director, Derek Johnson. 1 City Council Meeting Page 3 Tuesday, November 15, 2011 PRESENTATION Chief of Police Linden and Sergeant Amoroso gave a presentation on City employee " Movember" efforts. APPOINTMENT Al. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION. ACTION: Moved by Carpenter /Ashbaugh to appoint Susan Updegrove to the Parks and Recreation Commission to fill an unscheduled vacancy with a term ending March 31, 2013; motion carried 5:0. Moved by Carter /Smith to move Public Hearing Item 1 to the December 6, 2011, Council meeting. PUBLIC COMMENT Becky Jorgeson, San Luis Obispo, spoke about creating a "Dignity Village" in the City of San Luis Obispo and her concerns with the homeless population. Cory Wilson, concurred with the prior speaker. Steve Barasch, San Luis Obispo, spoke about his concerns regarding the Master Fee Schedule. Gary Fowler, San Luis Obispo, commended Council for appointing Mr. Bourbeau and stated his concern regarding a sewer line under Nacimiento Lake. By consensus, Council directed staff to create a follow -up memo regarding Mr. Fowler's concerns. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding homelessness. Jody Frey, San Luis Obispo, spoke about her concerns regarding the outdoor smoking ban. Will Powers, San Luis Obispo, spoke about his concerns regarding evaluations for City staff. Lee Ferrero, Los Osos, spoke about National Alzheimer's Month. Austin Perlak, spoke about his concerns regarding the maintenance in the downtown area. City Council Meeting Page 4 Tuesday, November 15, 2011 Ivan Cliff, San Luis Obispo, stated his concern regarding the cost for downtown maintenance. Council Member Smith explained that although HSOC have discussed safe parking lots, there have been no recent discussions regarding "Dignity Cities." CONSENT AGENDA Public Comment: Paul Allen, San Luis Obispo, spoke in opposition to Item C2 staffs recommendation. Jody Frey, San Luis Obispo, spoke about her concerns regarding Items C2, C3 and C5. Council discussion ensued regarding Item C3. Parks and Recreation Director Stanwyck responded to Council's questions and concerns. Council Member Carter clarified the Council compensation waiver requests. C1. MINUTES.. ACTION: Moved by Ashbaugh /Carter to waive oral reading and approve as presented; motion carried 5:0. C2. MID HIGUERA REHABILITATION, SPECIFICATION NO. 90073. ACTION: Moved by Ashbaugh /Carter to: 1) Approve plans and specifications for the Mid Higuera Rehabilitation Project, Specification No. 90073; 2) Approve the transfer of $27,500 from various Utilities Master accounts to the Mid Higuera Rehabilitation project account: $16,500 from the Water Distribution System Improvements Master account and $11,000 from the Collection System Improvements Master account; and 3) 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 $565,000; motion carried 5:0. C3. APPROVAL OF PUBLIC ART FOR THE MEADOW PARK .COMMUNITY GARDENS. ACTION: Moved by Ashbaugh /Carter to: 1) As recommended by the Public Art Jury and the Architectural Review Commission (ARC), approve the public art piece entitled Roots of Community for the community gardens in Meadow Park; and 2) Authorize the City Manager to execute an agreement with the artist for $65,000 for completion of the project; motion carried 5:0. C4. REQUEST FOR PROPOSALS FOR CREDIT CARD CAPABLE PARKING METERS AND SERVICE CONTRACT, PROPOSAL NO. 91137. City Council Meeting Page 5 Tuesday, November 15, 2011 ACTION: Moved by Ashbaugh /Carter to authorize staff to advertise Request for Proposals (RFP) for purchase and on -going service of 400 credit card capable parking meters, and authorize the City Manager to award the contract if the lowest responsible bid is within the 2011 -12 budgeted amounts; motion carried 5:0. C5. CITY COUNCIL COMPENSATION WAIVER REQUESTS. ACTION: Moved by Ashbaugh /Carter to adopt Resolution No. 10314 (2011 Series): 1) Endorsing waivers by the Mayor and all Council Members receiving the benefit of the 8% employer paid member contribution (EPMC) paid by the City on behalf of the Mayor and participating Council Members to the Public Employees Retirement System (PERS); and 2) Endorsing monthly salary waiver requests by Council Members Ashbaugh, Carter and Smith, resulting in a reduction in monthly compensation from $1,000 per month to $949 per month, effective the first full payroll period in January 2012, through the remainder of the terms of office of each Council Member; motion carried 5:0. 1. PUBLIC HEARINGS )F AMENDMENTS TO THE P PARKING MANAGEMENT PLAN. :ii►l ACTION: Moved by Carter /Smith to move item Public Hearing Item 1 REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS AND to the December 6, 2011, Council meeting. BUSINESS ITEMS 2. DOWNTOWN MAINTENANCE AND BEAUTIFICATION, .SPECIFICATION NO. 90979A. Deputy Director of Public Works Lynch introduced this item, following which Senior Civil Engineer Fraser presented the agenda report and responded to Council questions. Public Comments David Brodie, San Luis Obispo, spoke in support of staffs recommendation. Jody Frey, San Luis Obispo, spoke about her concerns regarding the cost of the project. Deborah Cash, SLO Downtown Association Executive Director, spoke in support of staffs recommendation and responded to Council questions. City Council Meeting Page 6 Tuesday, November 15, 2011 Courtney Kienow, SLO Chamber Commerce, spoke in support of staff's recommendation. Donna Lewis, San Luis Obispo, spoke in support of staffs recommendation. Paul Rys, San Luis Obispo, spoke about his concerns regarding the lack of lighting in the downtown area. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding the mission style sidewalks and the lack of lighting. Will Powers, San Luis Obispo, spoke about his concerns regarding the Public Works Department staff. ---end of public comments— Council recessed at 9:10 p.m. and reconvened at 9:20 p.m. with all members present. Council discussion ensued during which they discussed the importance of additional lighting in the downtown, increased costs for the project, comparison of daytime /nighttime construction, and future funding for additional blocks. Moved by Smith to cancel the project and reject all bids. Motion failed due to lack of a second. Moved by Carter to reject bids and down -scale the project as stated in Alternative 1. Motion failed due to a lack of a second. Moved by Ashbaugh /Marx to: 1) Award a contract to John Madonna Construction Co. of San Luis Obispo for the Base Bid in the amount of $666,446.80 for construction of the Downtown Maintenance and Beautification Project, Specification No. 90979A; 2) Approve transfers in the amount of $34,913 from the CIP Reserves account and $19,000 from the CIP Completed Projects account to the project's construction account to support construction costs; and 3) Appropriate $121,000 from the unreserved balance of the General Fund to the project's construction account to support construction costs; motion failed 2:3 (Carpenter /Carter /Smith opposed). ACTION: Moved by Carpenter /Marx to accept bid, except liaison and attempt to backfill shortfall from downscaling /elimination of other approved CIP projects (3:2 Carter /Smith opposed). 3. UPDATE ON ALCOHOL OUTLET PUBLIC SAFETY STRATEGIES. Chief of Police Linden and Community Development Deputy Director Davidson presented the agenda report and responded to Council questions. City Council Meeting` ` ' ' ' ' Page 7 Tuesday, November 15, 2011 Public Comments Steve Tolley, Arroyo Grande Safe Night Life Association Coordinator, spoke in support of staff's recommendation and encouraged continued partnership with the City. Barbara Lawrence, Morro Bay, stated that she would like to participate in the task force and mentioned other resources that may be available. Deborah Cash, SLO Downtown Association, spoke about the importance of lighting in the downtown and spoke in support of staffs recommendation. Mike Linn, SLO Safe Ride, spoke in support of staffs recommendation and of his concerns regarding the safety and security of the bar patrons and neighborhoods. Hamish Marshall, WestPac, spoke in support of staffs recommendation. Sandra Rowley, Residents for Quality Neighborhoods, spoke in support of the staffs recommendation with a stipulation that RQN is included as stakeholders and recommended Council not include the link to the Neighborhood Wellness Major City Goal. Courtney Kienow, SLO Chamber of Commerce, spoke in support of staffs recommendation. -- -end of public comments— ACTION: Moved by Ashbaugh /Smith to endorse ,an action plan and regulatory approach to reduce public safety problems associated with alcohol outlets. (5:0). Council expressed consensus to focus Neighborhood Services Specialists to neighborhood enhancement ordinance enforcement. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Smith reported on her attendance at the Community Academy Graduation. Council discussion ensued regarding the mock City Council meeting of the Community Academy attendees where discussed the closure of the "Broad Street dog- leg" project. By consensus, Council requested that staff provide them with a memo of the history of the project. Vice Mayor Ashbaugh announced that May 2012 will be the 60th celebration of City Hall. Mayor Marx reported that she will be participating in the Police Chief interviews. Ms. Marx announced that there is a City of San Luis Obispo Open Space fund at the Community Foundation. City Council Meeting Tuesday, November 15, 2011 Page 8 There being no further business to come before the City Council, Mayor Marx adjourned the meeting on November 16, 2011, at 12:07 a.m. Elaina Cano; CMC City Clerk APPROVED BY COUNCIL: 12/06/11 i I