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HomeMy WebLinkAbout08/20/2013' MINUTES CITY OF SAN LUIS OBISPO SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, August 20, 2013 Special Meeting - 5:00 P.M. Regular Meeting — 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California SPECIAL MEETING — 5:00 P.M. ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietdck, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder, Interim City 1 Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN 070- 304 -005 Property Owner negotiator: Barrie and Melanie Cleveland City of San Luis Obispo Negotiators: Katie Lichtig, Michael Codron, Christine Dietrick, Robert Hill Negotiations: Provide direction regarding price and terms of a potential transaction CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN 053 - 151 -016 Property Owner Negotiator: BNB, a Califomia General Partnership City of San Luis Obispo Negotiators: Tim Bochum, Peggy Mandeville, J. Christine Dietrick, Andrea S. Visveshwara, Cathy Springford of Hamner, Jewell & Associates, Michael Yoshiba of Richard, Watson Gershon Negotiations: Provide direction to City negotiators regarding price and terms of payment City Council Meeting Minutes August 20, 2013 Page 2 CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation 1 Pursuant to Government Code § 54956.9 (d)(4) One (1) potential case: APN 053 - 151 -016 CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9(a) Daniel McDow v. City of San Luis Obispo San Luis Obispo Superior Court Case No. CV 130381 PUBLIC COMMENT ON CLOSED SESSION ITEM: City Attorney Dietrick called for public comment. Mr. Cleveland spoke regarding their property. Closed Session adjourned to the regular meeting'of Tuesday, August 20, 2013. PLEDGE OF ALLEGIANCE Vice Mayor Smith led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick stated there was no reportable action on property negotiations for ANP 070 - 304 -005. Regarding property negotiations for ANP 053 - 151 -016, BNB, Council authorized a negotiated agreement for purchase of a temporary construction easement at $35,000, which was also the subject of the anticipated litigation matter, concluding real property negotiations. MOTION: by Vice Mayor Smith/Council Member Carpenter. Roll Call Vote: 5 -0. Motion Carried. Regarding the existing litigation, McDow vs City, MOTION: by Council Member Ashbauqh /Council Member Christianson, to authorize defense of the litigation seeking reinstatement. Roll Call Vote: 41, Council Member Carpenter opposed. Motion Carried. APPOINTMENT Al. APPOINTMENT OF RACHEL PATRANELLA TO THE TOURISM BUSINESS ' IMPROVEMENT DISTRICT BOARD. — (SMITH /ASHBAUGH /SCHROEDER — 5 MINUTES) City Council Meeting Minutes Page 3 August 20, 2013 RECOMMENDATION: Confirm appointment of Rachel Patranella to the Tourism 1 Business Improvement District Board, to fill an unscheduled vacancy, term ending March 31, 2015. ACTION: Motion by Vice Mayor Smith /Council Member Ashbaugh to confirm the appointment of Rachel Patranella to the TBID, term to expire March 31, 2015. A2. Roll Call Vote: 5 -0. Motion Carried. (ASH BAU G H/CARP ENTER/SCH ROEDER - 5 MINUTES) RECOMMENDATION: Confirm the appointment to the Tree Committee, term to expire March 31, 2017. ACTION: Motion by Council Member Carpenter /Council Member Ashbaugh to confirm the appointment of Trey Duffy to the Tree Committee, term to expire . -March 31, 2017. Roll Call Vote: 5 -0. Motion Carved. PUBLIC COMMENT Steve Barash, San Luis Obispo, spoke about creditability of the neighborhood program and a citation that a neighbor received. He felt it was selective enforcement. John. Webster, Transit Manager, thanked City for his service. Donald Hedrick, San Luis Obispo, spoke concerning employee turnover. William Powers, San Luis Obispo, spoke regarding leadership, --end of public comments— CONSENT CALENDAR Public Comments On Items On The Consent Calendar Steve Delmartini, San Luis Obispo, C3, spoke regarding sign regulations for garage sales. William Powers, San Luis Obispo, C5, spoke in opposition to the Bank America renewal ' and encouraged the City to shop locally. Leslie Halls, San Luis Obispo, C3, stated the item should not be on the consent calendar and spoke about garage sale regulations. City Council Meeting Minutes August 20, 2013 Page 4 Steve Barasch, San Luis Obispo, C3, stated the proposed ordinance was adjusting zoning regulations and should not be on consent calendar. He also spoke to the definition of secondary dwellings. Donald Hedrick, San Luis Obispo, C5, stated opposition to the Bank of America agreement and felt the City should use more local efforts. Brittany A. J., spoke on homeless problems. --end of public comments— Vice Mayor Smith requested Items C3 and C5 be pulled for discussion. Vice Mayor Smith, speaking on Item C5, asked if staff considered offering a one year contract so the City would have time to bid it out. Finance Director Padilla responded that the original agreement provided a three year extension, they did not look at a one year term. Vice Mayor Smith noted her concern that the City did not give the bank a one year term and then go to the bid process. ACTION: Motion by Council Member Ashbaugh /Council Member 1 Christianson to approve the Consent Calendar Items C1 thru C8, minus C3. Item C8 was continued to a date uncertain. Roll Call Vote: 5 -0. Motion Carried, C1. MINUTES OF TUESDAY, JULY 2. 2013 AND JULY 16, 2013. - (CODRON /SCHROEDER) RECOMMENDATION: ACTION: Approved by Consent Calendar Vote. C2. SAFETY ENHANCEMENT ZONE AMENDMENTS. (GESELL/WALLACE) RECOMMENDATION: Adopt Ordinance No. 1590 (2013 Series) amending the Safety Enhancement Zone to include the time period encompassing the annual start of school of Cal Poly University. ACTION: Approved by Consent Calendar Vote. C3. REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS. – (JOHNSON /LEVEILLE) City Council Meeting Minutes August 20, 2013 Page 5 ' RECOMMENDATION: Adopt Ordinance No. 1591 (2013 Series) amending Title 17 (Zoning Regulations) of the City of San Luis Obispo Municipal Code as specified in the Ordinance, which modifies various sections of the Municipal Code including revisions to affordable housing requirements, parking requirements for secondary dwelling units, and the establishment of regulations for garage and yard sales, and mechanical parking lifts. Community Development Director Johnson responded to questions on item C3. Council Member Ashbaugh said he had the impression that Section 11 would permit some off site sale signs. Vice Mayor Smith voiced concern about enforcement and what it did to community spirit becoming so regulatory. Council Member Christianson recalled extensive discussion about strict enforcement. Council Member Ashbaugh asked if the Council wanted to amend on second reading, would it need to reintroduce, to which the City Attorney noted it would have to be reintroduced . He agreed that in this instance, this may be over regulation. Community Development. Director Johnson said the language was staffs recollection of ' the discussion to allow one sign on site and no other signs permitted off site, which was consistent with City's sign ordinance. Vice Mayor Smith said she would be voting no on the item, because she believed the garage sale issue was overkill and should be deleted from the list. Council Member Carpenter noted the issue with signs was that they are left afterward, which was a problem. He said he felt Council should stick with staff recommendation. Mayor Marx said if garage and yard sales were abused, the ordinance would give the neighbors some recorse. ACTION: Motion by Council Member Christianson /Council Member Ashbaugh to approve the Consent Calendar ItemC3. Vote: 4 -1. Vice Mayor Smith opposed. Motion Carried. Vice Mayor Smith wished the record to show that she voted no because she believed that Section 11 should be eliminated from C3, issues around community spirt and enforcement. I C4. PUBLIC SAFETY LIAISON OFFICER PROGRAM MEMORANDUM OF AGREEMENT. — (GESELUELLSWORTH) RECOMMENDATION: 1) Authorize the payment of funds received from the Board City Council Meeting Minutes August 20, 2013 Page 6 of State and Community Corrections for FY 2012 -13 for regional front line law enforcement services in the amount of $120,186 to the County of San Luis Obispo 1 Probation Department; and 2) Authorize the amendment to the Law Enforcement Grant Fund budget in the current year to recognize the grant revenues and the appropriation for the disbursement of the grant funds to San Luis Obispo County; and 3) Authorize the City Manager to sign the Memorandum of Agreement. ACTION: Approved by Consent Calendar Vote. C5. EXTENSION OF BANKING SERVICES CONTRACT. — (PADILLA) RECOMMENDATION: Approve a contract extension for banking services with Bank of America for three years and authorize the City Manager to execute the required documents. ACTION: Approved by Consent Calendar Vote. C6. PRADO RD. BRIDGE WIDENING CONSULTANT SERVICES RFP, SPECIFICATION NO. 91203. — (GRIGSBY /HUDSON) RECOMMENDATION: 1) Approve the Request of Proposals (RFP) to provide ' consultant services for the Prado Rd. Bridge Widening Project, Specification No. 91203; and 2) Authorize the City Manager to execute an agreement with the selected consulting firm; and 3) Authorize the Finance Director to execute and amend Purchase Orders under the executed agreement in an amount not -to- exceed the authorized project budget. ACTION: Approved by Consent Calendar Vote. C7. COUNCIL CHAMBERS AUDIO UPGRADE. — (PADILLA/SCHMIDT) RECOMMENDATION: 1) Approve a purchase order in the amount of $27,947 to Jensen Audiovisual to wire and install 14 digital microphones and the associated AMX audio control equipment; and 2) Authorize the appropriation and use of funds from the Information Technology Replacement Fund Equipment Budget to initially fund this project; and 3) Authorize the transfer of Public, Educational and Government (PEG) to the Information Technology Replacement Fund to pay for this expense. ACTION: Approved by Consent Calendar Vote. C8. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT FINANCING. — (MATTINGLY /HIX) City Council Meeting Minutes Page 7 August 20, 2013 RECOMMENDATION: 1) Adopt Resolution No. 10455 (2013 Series) authorizing staff to submit a financing application to the California Infrastructure and Economic Development Bank (I -Bank) in the amount of $7,479,000 for the.Water Reclamation Facility Energy Efficiency Project; and 2) Authorize use of working capital to pay the $61,100 I -Bank origination fee. ACTION: Continued to a date uncertain. PUBLIC HEARING ITEMS PH1. UPDATE OF THE CITY'S WATER AND WASTEWATER DEVELOPMENT IMPACT FEES. – (MATTING LY/HO RTON/H IX/METZ/MU N DS – 60 MINUTES) Utilities Director Carrie Mattingly, Water Division Manager Wade Horton, Wastewater Division Manager David Hix, Utilities Project Manager Jennifer Metz, and Conservation Manager Ron Munds, presented the report and responded to Council questions. Mayor Marx opened the public hearing. Public Comments Steve Barasch, San Luis Obispo, said he felt user fees were still high and that the City 1 should make credits retroactive for 12 months. Eric Meyer, San Luis Obispo, felt lower impact fees for smaller units was a good thing. —end of public comments— Mayor Marx closed the public hearing. Vice Mayor Smith said she was pleased to see fees going down. She asked if the retroactive component could go to January of 2012. Council Member Christianson said fees were reviewed periodically and the proposed retroactive date was okay, that it might cause an impact to the budget if staff went back further. Council Member Ashbaugh concured that the retroactive date recommended by staff was sufficient. ACTION: Motion by Council Member Ashbaugh /Council Member Christianson to: Adopt Resolution No. 10456 (2013 Series) amending the water and wastewater development impact fees retroactively effective to July 1, 2013. ' Roll Call Vote: 4 -1. Vice Mayor Smith opposed. Motion Carried. City Council Meeting Minutes Page 8 August 20, 2013 Vice Mayor Smith wished the record to indicate the reason she voted no was that she wanted an earlier retroactive date. I BUSINESS ITEMS 1131. APPOINTMENTS TO ELECTION CAMPAIGN REGULATIONS REVIEW COMMITTEE. – (CODRON /DIETRICK/SCHROEDER – 10 MINUTES) Assistant City Manager Michael Codron, City Attorney Dietrick, presented the report and responded to Council questions. Council Member Ashbaugh inquired why his nominate was not included in the recommended appointments. After discussion, it was the consensus of Council to add Bob Shanbrom, Council Member Ashbaugh's nominee, to the Election Campaign Regulation Review Committee. Public Comments Donald Hedrick, San Luis Obispo, why the City was dependent on electronic voting machines. 1 William Powers, San Luis Obispo, felt the vote counts were small enough that it could be done by hand and felt the Council knew how the Committee would approach the issue and how it would come out. Michelle Tasslef, San Luis Obispo, noted she had worked at the County election center and how much knowledged she gained. —end of public comments— ACTION: Motion by Council Member Ashbaugh/ Vice Mayor Smith to: Appoint the five recommended citizens to the Election Campaign Regulation Review Committee, with the addition of Bob Shanbrom. Roll Call Vote: 5-0. Motion Carried. At 8:00 PM, Council took a short break and all Council Members in attendance returned at 8:10 PM. 1132. APPOINTMENT OF MEMBERS TO SERVE ON THE TASK FORCE FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE (TF- LUCE). – (JOHNSON /MURRY– 15 MINUTES) City Council Meeting Minutes Page 9 August 20, 2013 Community Development Director Derek Johnson and Long Range Planning Kim Murry, 1 presented the report and responded to Council questions. Public Comments Pierre Rademaker, Vice Chair of Task Force, supported staff recommendation. - -end of public comments - -- ACTION: Motion by Vice Mavor Smith, seconded bv_ Council Member Christianson to: 1) Appoint Planning Commissioner Michael Multari and re- appoint Eric Meyer to serve as a resident participant on the TF -LUCE; and 2) Amend the TF -LUCE guidelines to allow TF -LUCE to elect a chair from its members rather than requiring the Planning Commission appointee to serve as chair. Adopt Resolution No. 10457 (2013 Series). Roll Call Vote: 5-0. Motion Carried. B3. CITY STYLE GUIDE AND IDENTIFICATION STANDARDS MANUAL. – (CODRONlCANO – 30 MINUTES) . 1 Assistant City Manager Michael Codron and Tourism Manager Molly Cano, presented the report and responded to Council questions. Vice Mayor Smith suggested names on business cards be a little larger. None Public Comments - - -end of public comments— ACTION: Motion by Council Member _Ashbaugh/ Council Member Christianson to: 1) Approve the use of the City Emblem and Wordmark in various print, electronic, and other applications as recommended; and 2) Direct staff to implement the use of the standardized City Emblem and Wordmark. as outlined in the City's Style Guide and Identification Standards Manual upon completion, with amendments, removal of foil on Council emblems and larger name on business cards. Roll Call Vote: 5-0. Motion Carried, 1 STUDY SESSION ITEMS SS1. STUDY SESSION TO REVIEW EFFECTIVENESS OF 2012 ALCOHOL City Council Meeting Minutes August 20, 2013 Page 10 ALCOHOL OUTLETS IN THE DOWNTOWN. – (JOHNSON /DAVIDSON – 90 MINUTES) 1 Community Development Director and Deputy Community Development Director Doug Davidson, presented the report and responded to Council questions. Public Comments Dave Hannings, San Luis Obispo, explained that SLOBrew was expanding and currently patrons were coming out of bars right in front of his home. He noted that it was very noisy at night. Andrea Miller, San Luis Obispo, business owner, member of the food, beverage and services committee. She explained how they are providing cleanup and portapottys and was against a moritorium. Michelle Tasslef, San Luis Obispo, felt the issue was being promoted by small group of people and th e proposal was punishing people that were good business owners. She encouaged more public input. —end of public comments — Council Member Ashbaugh said he was reluctant to proceed with a moritorim. t Vice Mayor Smith said she did not feel a need for moritorium and it was not right to tell property owners how to use their buildings. Council Member Carpenter felt there were two different issues, addressing the number of outlets was a separate issue. The other issue was the behavior, which required a cultural change. He said staff was doing good job and would not support a moritorim. Council Member Christianson said she was not in support of a moritorium, that she could not make findings, that there was no immediate threat. She supported using LUCE as tool. Mayor Marx agreed that a moritorium was not appropriate as this time. She asked for Council consensus for a yearly review, that staff would return on annual basis. She wished to see all tools available thru LUCE utilized, including a PCN tool. ACTION: regarding staff recommendations number 3 and 4, Council Member Ashbaugh/Vice Mayor Smth moved that staff defer the review of additional regulatory tools, such as the formalization of the PCN process to the Alternatives Report of the Land Use and Circulation Update. Council Member Ashbaugh said Recommendation 4 should just be omitted. Roll Call Vote: 5-0. Motion Carried. i 1 1 City Council Meeting Minutes August 20, 2013 It was the consensus of Council to return in a year with a review. Page 11 COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received: Mayor Marx, Vice Mayor Smith, Council Members Ashbaugh, Christianson. Communications: Vice Mayor Smith mentioned the rescue of a night hiker from Bishop's Peak and asked the City to begin looking at prevention of night hikes. City Manager Lichtig explained that staff had started research and policy analysis and would bring the issue to Council if there were changes that would be needed. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:30 p.m. S6heryll Schroeder, MMC Interim City Clerk APPROVED BY COUNCIL: September 17, 2013