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HomeMy WebLinkAbout02/07/2012MINUTES. REGULAR AND SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 7, 2012 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM CALL TO ORDER: Mayor Jan Marx ROLL CALL: 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, and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION TOPIC(S) City Attorney Dietrick announced the following Closed Session Topics: CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) Vinciguerra Construction v. City of San Luis Obispo, San Luis Obispo Superior Court Case No. CV100705 and Sempra Energy Utilities, Claim No. 11 -16 CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) Los Verdes Park HOA v. State of California Department of Transportation, San Luis Obispo Superior Court Case No. CV 110612 CONFERENCE REGARDING PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 (a) Save the Plastic Ban Coalition v. San Luis Obispo County Integrated Waste Management Authority, San Luis Obispo Superior Court Case No. CV 120078 City Attorney Dietrick specified that the City Attorney's Performance evaluation will be discussed during Closed Session. City Council Meeting Tuesday, February 7, 2012 CLOSED SESSION REPORT Page 2 City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00 p.m. Special Meeting. The Closed Session adjourned at 6:10 p.m. 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, and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. Mayor Marx called the Regular Meeting to order at 7:00 p.m. All Council Members were present. PLEDGE OF ALLEGIANCE Vice Mayor Carpenter introduced Boy Scouts Pack 31 and invited Wesley to lead the Pledge. CLOSED SESSION REPORT City Attorney Dietrick reported that the closed session was conducted to provide performance evaluation of the City Attorney and public comment on that matter as well as the pending litigation matters as specified on the agenda. PUBLIC COMMENT John Altman, San Luis Obispo, spoke in support of the parking structures, the City's greenbelt and open space program. Mr. Altman also spoke about his concerns regarding the possible environmental impacts regarding smoke in residential areas, and requested that Council allow the citizens to provide input for neighborhood environmental impacts Steve Barasch, San Luis Obispo, spoke about his concerns regarding the lack of communication with City staff and the process of delivering correspondences to Council Members. Leslie Halls, San Luis Obispo, encouraged the Council to re- evaluate their policies regarding disseminating and processing Council mail. City Council Meeting Page 3 Tuesday, February 7, 2012 By consensus, Council requested to agendize the policies and procedures regarding disseminating and processing Council mail, including email and hand delivered correspondences. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding issues with the San Luis Obispo Downtown Association staff and the City's Police Department staff. City Manager Lichtig stated that City Attorney Dietrick and Police Chief Gessel are reviewing Mr. Hedrick's concerns. Josh Friedman, requested that Council adopt a resolution relating to the National Defend Authorization Act. Council Member Ashbaugh stated that he will provide the Council with additional information. Ruben Aguiar, San Luis Obispo, spoke about his concerns regarding the health and safety of San Luis Obispo creek. Public Works Director Walter responds to Mr. Aguiar's concerns. Dr. Will Powers, San Luis Obispo, spoke about his concerns and support regarding the ban of plastic bags and suggested that the City ban the use of non - recyclable take home containers used in restaurants. Council Member Ashbaugh referred Dr. Power's to the IWMA. Kevin Rice, San Luis Obispo, commended the -City Clerk's staff for updating the Council agenda webpage and for making the documents on the web more accessible and to the Council Members who responded to his recent correspondence regarding residential parking. Mr. Rice requested website access in the Chamber and spoke in support of the resolution requested by Mr.. Friedman. CONSENT AGENDA Public Comment: None. ---end of public comments— Council Member Ashabugh requested a correction to the Minutes on page C1 -2. Council Member Smith referred to an Agenda Correspondence submitted by City Clerk Cano with corrections to the Minutes on pages C14 and C1 -5. C1. MINUTES. City Council Meeting Tuesday, February 7, 2012 Page 4 ACTION: Moved by Ashbaugh /Carpenter to waive oral reading and approve as amended; motion carried 5:0. C2. SLO TRANSIT OPERATIONS AND MAINTENANCE AGREEMENT WITH ACTION: Moved by Ashbaugh /Carpenter to authorize the City Manager to approve a one -year contract extension with First Transit, Inc. to perform transit operations and maintenance for the 2012 -13 fiscal year; motion carried 5:0. C3. RFP REQUESTING EIR CONSULTANT FOR THE JOHNSON AVENUE HOUSING PROJECT (ER 56 -08). ACTION: Moved by Ashbaugh /Carpenter to: 1) Approve the scope of work for Environmental Impact Report (EIR) and authorize staff to proceed with the issuance of a Request for Proposal (RFP) to qualified environmental consulting firms. Authorize the City Manager to award the contract to a qualified environmental consulting firm for the. EIR, contingent upon the developer depositing with the City the amount of the contract plus a 30% administrative fee; motion carried 5:0. BUSINESS ITEM 1. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 2010 -11. Finance and Information Technology Director Bourbeau presented the report and responded to Council questions. Kathy Niffenegger, Glenn, Burdette, Phillips and Bryson,. responded to Council questions. Public Comments Josh Friedman, San Luis Obispo, asked for clarification regarding the City's investments. Finance and Information Technology Director Bourbeau directed Mr. Friedman to the FIT website where the information he is requesting is located. - -end of public comments— ACTION: Council reviewed and discussed the Comprehensive Annual Financial Report for 2010 -11. STUDY SESSION 2. HISTORIC PRESERVATION PROGRAM. City Council Meeting Page 5 Tuesday, February 7, 2012 Community Development Director Johnson and Senior Planner Dunsmore presented the report and responded to Council questions. Public Comments David Brodie, San Luis Obispo, suggested identifying downtown as a historical purpose. Donald Hedrick, San Luis Obispo, spoke in support of preserving the historic buildings throughout the City to encourage tourism. —end of public comments— ACTION: Council received a presentation on the Historic Preservation Program. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Smith reported on her attendance at the Citizen Advisory Committee meeting. Ms. Smith announced Public CEO Newsletter named the Local Government Awards and the City Employee of the Year went to Ken Hampian. Council Member Carter reported on his attendance at the Employee Relations Committee for the League of California Cities meeting, Council Member Ashbaugh reported on his attendance at the Future of Work Conference, State of the City presentation, Water Resources Advisory Committee, demonstration at Lois Capp's office, Prado Day Center fundraiser; and Cal Poly's Diversity Colloquium. Mayor Marx reported on her attendance at the Cal Poly's Diversity Colloquium, SCLC, Chamber dinner, TBID interviews, APCD, Renovation Celebration at Upper Crust, Good Morning SLO, New Recreation Facility at Cal Poly, Ribbon Cutting at First Presbyterian Church, SLOCOG, Mayors meeting, fundraiser for Prado Day, Judson Terrace, and Celebration of the Chinese New Year. Vice Mayor Carpenter recommended a practice change in the voting methods. By a consensus, Council agreed to leave the current voting methods in place. By consensus, Council directed staff to return at a future meeting with Confidentiality Policy such as the one used in the City of Sacramento. There being no further business to come beCity Council, Mayor Marx adjourned the meeting at 9:45 p.m. ) , Elaina Cano, CMC City Clerk 0310 APPROVED BY COUNCIL: 12