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Home My WebLink About12/13/2011.MINUTES.. MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 13, 2011 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, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter, 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 LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) Pacific Mechanical Corp. v. City of San Luis Obispo, CV100030 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 CLOSED SESSION REPORT City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00 p.m. Special Meeting. The Closed Session adjourned at 6:50 p.m. 7:00 P.M. — SPECIAL MEETING - COUNCIL CHAMBER Mayor Marx called the Special Meeting to order at 7:00 p.m. All Council Members were present. City Council Meeting Tuesday, December 13, 2011 CLOSED SESSION REPORT Page 2 City Attorney Dietrick reported that Council met in Closed Session to discuss two cases of Existing Litigation. There was no reportable action regarding 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 City Attorney Dietrick reported that Council voted 5 -0 to authorize the settlement agreement of a pending settlement appeal regarding litigation associated Pack Mechanical Corp. v. City of San Luis Obispo, CV100030. PRESENTATIONS Mayor Marx presented a proclamation for National Homeless Persons' Memorial Day to Anneka Scranton, Member of the Homeless Services Oversight Council and Co- President of Friends of Prado and Paul Wolff, Co- President of Friends of Prado. Mayor Marx presented a proclamation to Police Chief Deborah Linden in honor of her retirement and years of service to the City. By consensus, Council agreed to hear public comments for items that are not on the agenda. PUBLIC COMMENT Lory Farrior, San Luis Obispo, spoke about her concerns regarding the November 15, 2011, Special Election regarding the Orcutt Area annexation. Peggy Koteen, San Luis Obispo, spoke in opposition to minimizing the parking fees on Sunday's. D. Floyd, San Luis Obispo, spoke in opposition to the removal of an electric outlet located outside City Hall. Public Works Director Walter responded to Mr. Floyd's concerns. David Brodie, San Luis Obispo, spoke about his concern regarding the building height limits. Allan Cooper, San Luis Obispo, read a "Christmas Ode" to Council. Elisabeth Abrahams, San Luis Obispo, spoke in support of additional funding for the Arts Council and asked Council to reconsider the building height limits. 1 City Council Meeting Page 3 Tuesday, December 13, 2011 Joseph Abrahams, San Luis Obispo, spoke in support;of additional funding for the Arts f. Council and spoke in opposition to the building height limits. CONSENT AGENDA Public Comment: Gary Fowler, San Luis Obispo, spoke about his concerns regarding Item C3 and the use of the City's ladder truck. C1. APPLICATION FOR CERTIFIED LOCAL GOVERNMENT PROGRAM (CHC 103-11). ACTION: Moved by Smith /Ashbaugh, as recommended by the Cultural Heritage Committee, to adopt Resolution No. 10318 (2011 Series) approving the application and authorize the City Manager to sign the certification agreement for the Certified Local Government program; motion carried 5:0. C2. --AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION EASEMENT ON A 38 ACRE PROPERTY AT 2877 SOUTH HIGUERA STREET. ACTION: Moved by Smith /Ashbaugh to adopt Resolution No. 10319 (2011 Series) authorizing the Mayor to accept an offer to donate a conservation easement covering approximately 38.3 acres at 2877 South Higuera Street, offered by Katherine Foster and Michael Spangler, subject to a finding by the Planning Commission that acceptance of the conservation easement is consistent with the City of San Luis Obispo General Plan; motion carried 5:0. C3. ACCEPT NEW EXTRICATION SYSTEM. ACTION: Moved by Smith /Ashbaugh to: 1) Authorize the Fire Chief to accept new extrication system valued at $23,300; and 2) Approval for the Fire Chief to sign Memorandum of Understanding with Cambria Fire Department; motion carried 5:0. C4. HAZARD MITIGATION PLAN UPDATE GRANT REQUESTS FOR FEMA. ACTION: Moved by Smith /Ashbaugh to: 1) Authorize staff to submit grant applications for $64,712 each to two FEMA programs for Local Hazard Mitigation Plan Update; and 2) If a grant is awarded, authorize the City Manager to accept and appropriate the funds to the Fire Department; motion carried 5:0. BUSINESS ITEMS 1. UPDATE ON THE CITY'S FISCAL STATUS AND STATUS OF MAJOR CITY GOALS. City Council Meeting Page 4 Tuesday, December 13, 2011 Director of Finance and Information Technology Bourbeau, Finance Manager Malicoat, and Assistant City Manager Codron presented the agenda report and responded to Council questions. Public Comments Steven Barasch, San Luis Obispo; asked questions of staff regarding future recommendations and additional staff concessions. City Manager Lichtig responded to Mr. Barasch's comments. Jody Frey San Luis Obispo, asked staff a question regarding surplus funds. Finance and IT Director Bourbeau responded to Ms. Frey's comments. Gary Fowler, San Luis Obispo, spoke about his concerns regarding the potential increase in State sales tax and the renewal of Measure Y. ---end of public comments— Council discussion ensued during which they discussed and commented on the Neighborhood Wellness Goal, affordable housing, and the importance of maintaining the reserve balance. ACTION: Moved by Ashbaugh /Carter to: 1) Review and discuss an update on the City's fiscal status based on interim 2010 -11 year -end financial results and first quarter trends in 2011 -12; and 2) Review and discuss status on the City's progress in accomplishing the Major City Goals adopted by Council for 2011 -13; motion carried 5:0. 2. 2011 CITIZEN SATISFACTION SURVEY. RESULTS. City Manager Lichtig introduced this item, following which Assistant City Manager Codron presented the agenda report. Richard Maullin of Fairbank, Maslin, Maullin. Metz and Associates, presented a summary of the survey results: Council recessed at 9:10 p.m. and reconvened at 9:20 p.m. with all members present. Public Comments Steve Barasch, San Luis Obispo, spoke about his concerns with the renewal of Measure Y and of the Citizen Satisfaction Survey. - --end of public comments - -- City Council Meeting Page 5 Tuesday, December 13, 2011 Vice Mayor Carpenter spoke about his. concerns regarding the cost of the survey and stated his support for bringing the renewal of Measure Y to the voters at the November 2014 General Municipal Election. Council discussion ensued during which they discussed the timing for placing the Measure Y renewal on the November 2012 or November 2014 ballot. ACTION: Moved by Carter /Ashbaugh to: 1) Receive a presentation from Richard Maullin of Fairbank, Maslin, Maullin, Metz and Associates (FM3) on the results of the 2011 City of San Luis Obispo Citizen Satisfaction Survey; and 2) Consistent with the Council's Major City Goal for preservation of essential services and fiscal health, direct staff to continue to evaluate placing the reauthorization of the City's half cent sales tax (Measure Y) on an general election ballot in November 2012, and return to the City Council during Spring 2012 with an update; motion carried 4:1, Carpenter opposed. 3. LEASE OF 1123 MILL STREET BY THE SAN LUIS OBISPO COUN COUNCIL. Parks and Recreation Director Stanwyck introduced this item and presented the agenda report. _ =.. Public Comments Mary Kay Harrington, San Luis Obispo, President of Arts Obispo, spoke in support of staffs recommendation. —end of public comments - -- Council discussion ensued during which they discussed the process of designating Arts Obispo as a government agency and the proposed monthly rental fee. ACTION: Moved by Smith /Ashbaugh to finalize the negotiations of a lease agreement for 1123 Mill Street by San Luis Obispo County Arts Council in the amount of $1,294 for one year and authorize the City Manager to execute the finalized agreement subject to approval by the City Attorney and receipt by the tenant of a use permit. Council also directed staff to include in the zoning regulations update the definition of governmental facilities to include nonprofits serving as quasi - governmental entities. (5:0). 4. REFINANCING 2002 WATER REVENUE REFUNDING BONDS. Director of Finance and Information Technology Bourbeau and Utilities Director Mattingly introduced this item and presented the agenda report. Public Comments There was no public comment. City Council Meeting Page 6 Tuesday, December 13, 2011 ---end of public comments-- - ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. - 10320 (2011 Series) authorizing the issuance of 2012 Water Revenue Refunding Bonds to refinance the 2002 Water Revenue Refunding Bonds; motion carried 5:0. S. APPROVAL OF AGREEMENTS FOR THE PURCHASE AND SALE OF PROPERTY BETWEEN THE CITY OF SAN LUIS OBISPO AND SLO CHINATOWN. LLC REGARDING THE CHINATOWN PROJECT. Council Member Ashbaugh recused himself due to a conflict of interest and left the Council Chamber. Assistant City Manager Codron introduced this item and Economic Development Manager Clark presented the agenda report. Public Comments Jody Frey, San Luis Obispo, suggested that Mayor Marx recuse herself. Mayor Marx responded. Courtney Kienow, Chamber of Commerce, spoke in supoort in the concept of the project. Mark Rossin, Copelands Properties, spoke in support of staffs recommendation and responded to Council questions. ---end of public comments— Council discussion ensued during which they spoke of their support for the project. ACTION: Moved by Carpenter /Smith to: 1) Approve the Purchase and Sale of Real Property with SLO Chinatown, LLC (hereinafter "Copeland ") related to the Chinatown project, contingent upon a finding of General Plan conformity by the Planning Commission; and 2) Authorize the Mayor to execute agreements, as well as associated leases and other documents (hereinafter "Agreements ") required to formalize the transactions on the terms and condition approved, in substantially the form presented to Council, subject to final approval by the City Attorney of any modifications directed by Council; and 3) Authorize the City Manager to execute escrow documents on behalf of the City; and 4) Direct staff to return to Council to consider and take action on the Planning Commission's determination in the event that the Planning Commission does not find the transactions conform to the General Plan; and 5) Approve an automatic extension of the Third Modification to the Option Agreement (hereinafter "Option ") to suspend expiration of the Option until such time as Council has had the opportunity to consider and take action on the Planning Commission's determination only in the event 1 1 City Council Meeting' "' Page 7 Tuesday, December 13, 2011 that the Planning Commission does.not :find the transactions conform to the General Plan; motion carried 4:0, Ashbaugh recused. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Ashbaugh submitted his report via the. Red File process prior to the Council meeting. Council Member Smith reported on her attendance at the Downtown Association Board meeting and Human Relation Commission interview. Vice Mayor Carpenter reiterated his opposition to placing the Measure Y renewal on the November 2012 ballot. Mr. Carpenter also stated his concerns for the lateness of considering Business Item 5. Council Member Carter stated that he and Mayor Marx co -wrote an article in the Tribune regarding the recent approval of the management and unrepresented employee contracts. Mayor Marx reported on her attendance at the SLOCOG meeting, RTA Regional Director interviews, and the Student Community Liaison Committee meeting. City Manager Lichtig mentioned that City, in partnership with the County and Prado Day Center, has collaborated to keeping a warming station open during the winter season. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 11:33 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: 01/17/12