Loading...
HomeMy WebLinkAbout09/04/2012MINUTES. SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 4, 2012 4:30 P.M. SPECIAL MEETING 6:00 P.M. REGULAR MEETING COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 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 Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION City Attorney Dietrick announced the following Closed Session Topics: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: APN 002 -421 -018 AGENCY NEGOTIATORS: City of San Luis Obispo: Katie Lichtig, J. Christine Dietrick, Claire Clark, Michael Codron NEGOTIATING PARTY: Quaglino Properties NEGOTIATIONS: Request for exclusive negotiations CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (c) One (1) potential case, CBS Outdoor Incorporated CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) One (1) potential case, a title dispute over APNs 053 - 152 -007 and 053 - 152 -008, Calle Joaquin open space parcels CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 City Council Meeting Minutes Page 2 September 4, 2012 AGENCY NEGOTIATORS: City of San Luis Obispo: Katie Lichtig, J. Christine Dietrick, Michael Codron NEGOTIATING PARTY: Gerald Weaver, on behalf of the Alice Carroll Trust NEGOTIATIONS: Title dispute over APNs 053 - 152 -007 and 053 - 152 -008, Calle Joaquin open space parcels PUBLIC COMMENT ON CLOSED SESSION ITEM: City Attorney Dietrick called for public comments. None were heard and the Council adjourned to the Closed Session. All Council Members returned from Closed Session at 6:OOpm REGULAR MEETING OF THE CITY COUNCIL 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 C.ity Manager, and Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE The Pledge was provided by Council Member Carpenter. CLOSED SESSION REPORT City Attorney Dietrick announced the following reportable action from Closed Session. CONFERENCE REGARDING PROPERTY NEGOTIATIONS - Quaglino Properties ACTION: Motion Councilmember Carpenter / Councilmember Ashbaugh to authorize staff to pursue an exclusive negotiating agreement with Quaglino Properties. 3 -2 vote (Council Member Carter and Mayor Marx opposing). Motion Carried. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation - CBS Outdoor Incorporated No reportable action on this matter. City Council Meeting Minutes Page 3 September 4, 2012 CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation - Calle Joaquin open space parcels No reportable action on this matter. CONFERENCE REGARDING PROPERTY NEGOTIATIONS - Gerald Weaver, on behalf of the Alice Carroll Trust No reportable action on this matter. INTRODUCTIONS The following introductions were received: NEW HIRES - Assistant City Manager Codron introduced new City Clerk Maeve Kennedy Grimes. Director of Finance and IT introduced new Network Administrator Jason Dornish. Interim Public Works Director introduced Caltrans District 5 Director, Tim Gubbins. APPOINTMENT Al. APPOINTMENT. TO THE HUMAN RELATIONS COMMt CONFIRM APPOINTMENT OF IVAN SIMON. ACTION: Motion by Vice Mayor Carpenter / Councilmember Carter approving appointment of Ivan Simon to the Human Relations Commission to fill an unscheduled vacancy with a term ending March 31, 2015. Roll Call vote: 5 -0. Motion Carried. A2. APPOINTMENT TO THE TOURISM BUSINESS IMPROVEMEI INTMENT ACTION: Motion by Councilmember Smith I Councilmember Ashbaugh approving appointment of Kimberly Walker to the Tourism Business Improvement District Committee to fill an unscheduled vacancy, term ending March 31, 2013. Roll Call vote: 5 -0. Motion Carried. PUBLIC COMMENT ITEMS NOT ON THE AGENDA Lanyce Mills, San Luis Obispo, spoke on behalf of "Move to Amend" — and requested that the City Council pass a resolution to overturn Citizens United Case. Amir Burstein, San Luis Obispo, spoke on behalf of "Move to Amend" and requested that the City Council pass a resolution regarding a constitutional amendment. City Council Meeting Minutes September 4, 2012 Page 4 Rigo Diaz, San Luis Garbage Co. announced that Clean up Week will take place September 17 -21, 2012. San Luis Garbage Co. will be providing a free community service to single family residential customers on regular service days; customers with bulky items should call 543 -0875 to arrange for pickup. Dana Cummings, San Luis Obispo County Veterans Services Officer, spoke regarding Santa Barbara County Veterans Stand Down October 13, 2012 in Santa Maria Fairpark; Veterans will have access to services and benefits. Sandy Agalos, Administrative Assistant to 5th District Supervisor Steve Lavagnino, spoke in support of Santa Barbara County Veterans Stand Down 2012. Karen Spease, Arroyo Grande, spoke in support of Move to Amend. William Ostrander, San Luis Obispo, spoke in support of Move to Amend and urged the Council to place this matter on an upcoming agenda to adopt a resolution to help restore democracy. Carol Rowsemitt, San Luis Obispo, spoke in support of Move to Amend. Bruce Silverberg, San Luis Obispo, spoke in support of Move to Amend. Monica Barricarte, San Luis Obispo, spoke in support of Move to Amend and asked the Council to please review the resolution they wish to have passed. Jerry Waidner spoke in favor of Move to Amend. He stated the Constitution is not perfect and has been amended over time. Kevin Rice, San Luis Obispo, introduced himself as a candidate for City Council. He wants to be the voice and ears for members of the community. He announced that Sept. 15th is Coastal Cleanup Day 9 -noon; he will be at Oceano Dunes. Steve Barasch, San Luis Obispo, stated he is pleased with flood management projects and Carrie Mattingly's memo. He feels this will improve the condition of these drainage ways. He commended staff for pushing ahead for improvements. He suggested that Council look at the City owned properties holistically and review excess properties which could be sold. Dr. Will Powers, San Luis Obispo, advised project applicants of vocabulary to use when preparing applications. —end of public comments— Council member Carter asked if the Council should discuss Move to Amend. Council Member Smith made a motion to have the matter brought forward with a resolution. City City Council Meeting Minutes September 4, 2012 Page 5 Manager Lichtig stated Staff would prepare a resolution which it was agreed would come forward on the September 25, 2012 Agenda. ACTION: Motion by Council Member Smith /Council Member Carpenter to have the matter brought forward with a resolution. Roll Call vote: 4 -1 (Council Member Carter opposed). Motion Carried. CONSENT AGENDA ACTION: Council Member Carter / Council Member Smith moved to approve the Consent Calendar Items C1 thru C6. Roll Call Vote: 5 -0. Motion Carried. C1. MINUTES OF ACTION: Waive oral reading and approve the Minutes with modification to C -1 -12 replace "screening wall" with "trash enclosure ". C2. COMMUNITY DEVELOPMENT DEPARTMENT ORGANIZATIONAL ASSESSMENT AND STRATEGIC PLAN. ACTION: (1) Authorize the issuance of a Request for Proposal for consulting services to prepare an organizational assessment and related strategic plan for the Community Development Department; and (2) authorize the City Manager to execute an agreement of up to $50,000 to perform the assessment and related strategic plan. C3. AMEND THE CITY'S CONFLICT OF INTEREST CODE ACTION: Adopt a Resolution No: 10392 (2012 Series) amending the City's Conflict of Interest Code. C4. AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND ACTION: Adopt a Resolution No: 10393 (2012 Series) authorizing the City of San Luis Obispo to deposit and withdraw money to and from the Local Agency Investment Fund (LAIF) in the State Treasury. C5. REQUEST FOR PROPOSALS REQUESTING CONSULTANT ASSISTANCE TO PREPARE A HISTORIC CONTEXT STATEMENT. ACTION: (1) Approve the scope of work for consultant services to prepare a Historic Context Statement and authorize staff to proceed with sending out Request for Proposal documents to qualified consulting firms; and (2) authorize the City Manager to award the contract to qualified consulting firm if the proposals are within the project budget of $22,500. City Council Meeting Minutes Page 6 September 4, 2012 C6. SANTA ROSA SEWERLINE REPLACEMENT, SPECIFICATION NO. 91180 ACTION: (1) Authorize a total project budget of $747,880 for the Santa Rosa Sewerline Replacement project, Specification Number 91180; and (2) Authorize the award of the design services contract for the Santa Rosa Sewerline Replacement project to Filippin Engineering, Inc. for $94,880. PHI. PUBLIC HEARINGS olON TO DENY 1 Interim Director of Public Works Mattingly and City Arborist Combs presented the report. Various Council Members asked questions and commented on the item; noting they had gone to the location to look at the tree. Staff responded to Council questions Mayor Marx opened the public hearing. Carol Florence, Principal Planner for Oasis Associates, representative for the Appellant. Ms. Florence provided a copy of a letter from Linda Hoagland, Veterans' Administration; in San Luis Obispo; and second letter from Michael Pfau, attorney representing Mission Medical Property. Ms. Florence presented the appellant's arguments supporting their request that their appeal be upheld and allow the tree to be removed. Hamish Marshall, appellant, spoke regarding his liability and fiduciary duties and requested that the Council uphold the appeal of the Tree Committee decision. Dr. Will Powers, San Luis Obispo spoke against the appeal. Assistant City Manager Codron provided data on building with renovations dating back to the mid -50s and 2001, but no initial construction date. Councilmember Ashbaugh stated he was struggling with his decision and would not be supporting the appeal. It is a beautiful tree and it is unfortunate that the tree is in the path to the entrance of the building. Although some clients may encounter difficulty with access to the building, it is a management problem, but a problem that very capable landscape architects can resolve while leaving the tree in place. Councilmember Smith asked Arborist Combs about trimming the roots; Mr. Combs responded that heavy pruning could cause the tree to be less stable; however, the necessary moderate pruning would not affect stability. Council Member Smith stated that she would not be supporting the appeal. J City Council Meeting Minutes Page 7 September 4, 2012 Mayor Marx commented that it is too bad the renovations made in 2001 did not take the opportunity to modify the entrance. Mayor Marx stated that she would not be supporting the appeal. She suggested that the appellant look into modifying the entrance to allow for a proper ramp and safe entrance. Councilmember Carter stated he is torn in his decision making; he could come down on either side. He expressed frustration that the City would have allowed the entrance to be built out that close to the tree and frustrated that the owner would have added to the building's entrance. Councilmember Carpenter asked what would be an adequate distance for such a tree to be should be planted. He stated that he sees the safety issues, but agrees with the appellants and will uphold the appeal. He believes the proposed mitigation will be done properly with the addition of trees and provide future safety for the people. Mayor Marx closed the public hearing. ACTION: Motion :by Council Member Ashbaugh / Council Member Smith to deny the appeal and uphold the decision of the Tree Committee; adopt a Resolution No: 10394 (2012 Series) denying the appeal of the Tree Committee's decision to deny the removal of a pine tree at 1288 Morro Street. Roll Call Vote: 3 -2 (Carpenter and Carter opposed). Motion Carried. BUSINESS ITEM B1. FINANCIAL PLAN SCHEDULE FOR 2013 -15. City Manager Lichtig and Director of Finance & Information Technology Bourbeau presented the report and responded to Council questions. Five steps related to goal setting: O Setting the Table. November 13, 2012 6:00 to 9:OOpm. Provide the background needed for goal- setting by considering the current status of both long and short terms goals previously adopted by the City and place them in the context of the City's current general fiscal outlook. 8 Budget Foundation. December 18, 2012 tentatively start time set for 6:OOpm. Finalize plans for the goal- setting process including deadline for submitting Council Member candidate goals; review Financial Plan policies and organization of the Financial Plan; review financial results from 2011 -12 © Community Forum. January 8, 2013 6:00 to 9:OOpm. Consider comments and suggested goals from residents, community groups, other interested individuals and Council advisory bodies. ® Council Goal- Setting January 26, 2013 8:30 to 4:OOpm Workshop. Discuss candidate goals presented at Community Forum; consider Council City Council Meeting Minutes September 4, 2012 Page 8 member goals; prioritize and set major City goals. © Major City Goal Work Programs. April 9, 2013 6:00 to 9:00pm. Conceptually approve detailed work programs for major City goals adopted by the Council; set strategic budget direction for preparation of the 2013 -15 Financial Plan. The Budget Review Team will be reviewing the organization of Financial Plan Documents (Main Document, Appendix for Capital Improvement Plan Projects and Appendix for Significant Operating Program Changes) and look at its structure and components to see if there are areas where redundancies can be eliminated and discuss new formatting of the documents. Steps related to review and adoption of the Financial Plan. Hold workshops to review and discuss Preliminary Budget - June 10, 2013 6:00 to 9:00pm: Overview and General Fund operating programs. - June 11, 2013 6:00 to 9:00pm: General Fund CIP projects. - June 12, 2013 6:00 to 9:00pm: Enterprise Fund programs, CIP projects, and rates. - June 18, 2013 6:00 to 9:00pm: Continue Financial Plan review and adopt budget. - June 25, 2013 Hold special meeting if needed to continue review and adopt budget. Councilmember Smith requested that the previous 1011 page report which was provided one week before the meeting last budget cycle be provided with a longer lead time prior to the meeting Director Bourbeau informed Council that the report should be provided by May 24 – prior to the June 10th M, eeting, and hopes the report will be less than 1000 pages. Public Comments Donald E. Hedrick, San Luis Obispo, spoke regarding the need for a larger litigation budget or change in council behavior regarding litigation. - --end of public comments— Council Member Carter indicated the 6pm start time will help the community participation. He concurred with Kathy Smith regarding a shorter document and streamlined process and reports; he would like to see one book and see the process go from one department to another rather than multiple appearances. With respect to the 5 year focus, he feels it is wise to wait for CaIPERS rates and with respect to income and expenses in operating programs and personnel line items he would like to see more details. Council Member Carpenter agreed that the evening meetings should be consistent at 6pm to allow for community participation. He felt the cumbersome part of last process was the volume of the reports; a more summarized overview of each section with detailed follow -up would make understanding the process better. Less would be more. City Council Meeting Minutes Page 9 September 4, 2012 Council Member Smith endorsed other comments by Council Members. In setting up the financial information report she would like it to see a column showing the percentage of change between years, she would also like to; she would like to see the percentage that has been added or deleted from that line item. She would like to see the Council designate in advance a percentage of the operating budget to be set aside for capital improvements (CIP). Council Member Ashbaugh appreciates the length and depth that the City goes to obtain community participation in the process. He wants to see the use of a facilitator at the two meetings continue and would prefer the 7pm start time. He appreciates the electronic availability of documents in the process. Katie Lichtig communicated the fact that the City will be providing both electronic and hard copy versions available as Council prefers. Council Member Ashbaugh continued by supporting the 5 year CIP and would like to see a percentage of our general fund reserved for capital expenses (fleet replacement and;IT. investments). In regard to the prospect that Measure Y funds may not be available after March 2015, we would deal with that issue during the 2014 calendar year review. Mayor Marx.agreed with the 6pm start time for all meetings and the venues. She felt a consultant would be helpful in keeping the pace going and allowing city staff to do their jobs. She liked the significant operating changes mode that is in place now and the fact that the percentages help track changes. The longer lead time makes sense; perhaps a greater lead time could be created. City Manager Lichtig informed Mayor Marx that the current proposal provides a 17 day lead time and it may be difficult for staff to create the documents for publication within a shorter period of time, however, she will continue to seek options to expand the lead time. Mayor Marx continued by recalling the three binders and necessity to flip back and forth made things difficult; cross - referencing would be appreciated and perhaps searchable electronic format. In regard to the update on the conceptual plan for the City Center; the plan needs to be updated. It is good to be used as a template; however, we need to recognize that the reality is not the same as the document. Mayor Marx agreed that we need to invest more monies into capital improvements and larger percentage of measure Y funds should be used for infrastructure and open space acquisition. Councilmember Smith reminded Council that this is the most important job we have; we pass this budget and turn it over to staff to implement our goals. We have a great City Council Meeting Minutes September 4, 2012 Page 10 responsibility to meet the needs of the citizens. Mayor Marx pointed out that even though Council approves the overall budget, it has another change to approve or disapprove individual projects as they come before the Council. Council Member Ashbaugh agreed with the comments and took the opportunity to remind constituents that this is the time to bring forward ideas to the Council that they can consider for the development of the new budget. He encouraged public participation in the process. ACTION: Motion by Council Member Ashbaugh / Council Member Carter to approve the staff recommendations for the Goal Setting Process and Timeline for development of the City's 2013 -15 Financial Plan, (the meeting times will be changed to start at 6:OOpm; and a facilitator will be used for two of the meetings). Roll Call Vote: 5- 0. Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Councilmember Smith circulated a written report itemizing meetings and communications she made between June 20 and August 5, 2012. Councilmember Ashbaugh reported that on Aug 25 he attended the Economic Vitality Corporation meeting where Peter Rupert from UCSB spoke regarding transient occupancy tax; he met with representatives from Southern California Gas; there were two meetings on the Community Action Partnership Board on July 19, 2012 and August 16, 2012 and received updates to the homeless services center campaign which will be launched on September 17, 2012 at 1:00 pm in Mission Plaza.. He attended the Rotary and Kiwanis meetings where Kara Blakeslee presented information regarding Wild Cherry Canyon Project and are attempting to obtain $26 million to acquire 5000 acres just north of Avila Beach to Montana de Oro. Finance Director will speak to the League of Women Voters regarding Measure D. and provide impartial information. Mayor Marx reported that she attended the Cal ID Committee on July 18, 2012 discussing all means of identification (fingerprints, DNA, facial recognition, etc.) are being consolidated through the Cal ID Committee. July 19th she met with SCLC student representative Katie Morro; September 12th is move in day at Cal Poly and classes start the following Tuesday. On July 20th celebrated the 104 birthday of John Woodward at Los Brisas. On July 25th, it was her birthday and she attended the APCD meeting in addition to signing documents for implementation of Chinatown agreement. She also attended the Hothouse ribbon cutting ceremony that evening. Councilmember Carter reported that he will be attending the League of California Cities and finds them to be of value as they afford us the opportunity to see what other cities are doing. He will be making a presentation on the importance of city financial planning. City Council Meeting Minutes September 4, 2012 Page 11 There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 8:38 p.m. Maev Kenn Grimes City Clerk APPROVED BY COUNCIL: 09/25/12 1