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HomeMy WebLinkAbout11/18/2014minutes city of san tuts osispo SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL Tuesday, November 18, 2014 Special Meeting — 5:00 p.m. Regular Meeting — 6:00 p.m. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 18, 2014 at 5:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice 1 Mayor Carlyn Christianson, and Mayor Jan Marx Council Member Absent: None City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony Mejia, 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 requested a Closed Session to discuss the following item listed on the Closed Session agenda. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: New Cingular v City of Alameda, et al, Superior Court of California, County of Los Angeles, Case No. BC 462270; this case was previously known as Donald Sipple, et al. v City of Alameda, et al. City Council Meeting Minutes — November 18, 2014 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) 1 Name of case: City of San Luis Obispo v. Ryan Petetit, San Luis Obispo County Superior Court Case No. 14CV0529. PUBLIC COMMENT ON CLOSED SESSION ITEM Terry Mohan, San Luis Obispo, voiced concern that staff is not stringently pursuing legal procedures and fines to oblige Mr. Petetit to improve his property conditions at 1179 San Carlos; suggested that Mr. Petetit be required to deposit $25,000 with the City and if property maintenance continues to go unaddressed that the City clear the lot and file a lien against the property. RECESS Council recessed to Closed Session in the Council Hearing Room at 5:05 p.m. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 18, 2014 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. 1 PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick advised that Council took no reportable action on Closed Session Item A; reported that Council, on a vote of 3 -2 (Council Members Carpenter and Smith voting no), approved a settlement agreement with Ryan Petetit; summarized the terms of the agreement, noting such agreement is available for public inspection upon request; advised that she will work with Mayor Marx to issue a letter to Mr. Petetit setting forth the clear expectations and reasoning of the Council for entering into the settlement agreement. PROCLAMATION A. PROCLAMATION — LOS PADRES FORESTWATCH Mayor Marx presented a Proclamation to Laura Albers, Wild Heritage Program Director of Los Padres ForestWatch, recognizing the Los Padres ForestWatch for ten years of accomplishments for land, wildlife, and water conservation throughout the Los Padres National Forest. City Council Meeting Minutes — November 18, 2014 Page 3 PUBLIC COMMENT tEric Meyer, San Luis Obispo, thanked Council Member Kathy Smith for her service on Council and to the community. Mila Vuiovich- LaBarre, San Luis Obispo, voiced objection to reagendizing consideration of the Land Use and Circulation Elements (LUCE) and overrule of the Airport Land Use Commission (ALUC); asserted that neighborhood concerns have been ignored and the LUCE approval process is being unduly rushed. Michelle Tasseff, San Luis Obispo, thanked Council Member Kathy Smith for her service on the City Council; opined that Council is becoming politically unbalanced, stressing the importance of representing the community majority; voiced disapproval of the Tribune taking positions on political subjects. Donald Hedrick, San Luis Obispo, spoke on need for government to treat citizens with kindness; spoke on the experience of a women being arrested, noting that a female officer conducted the jail search but male officers were present. Rachel Kovesdi, San Luis Obispo, expressed gratitude toward Kathy Smith for her service as a Council Member, noting her consistent representation for the well -being of residents. Linda White, San Luis Obispo, thanked Council Member Kathy Smith for her service on the City Council. CONSENT AGENDA MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C12, with Council Member Carpenter registering his recusal on Item C2 and Item C13 removed for separate consideration. Thom Jess, Aeris Studio Architect, announced that he is the new project architect for Pack Courtyards and highlighted design modifications that will be submitted for consideration. Jerry Rioux, San Luis Obispo County Housing Trust Fund, advised that a new grant has been received by the State and thanked the Council for its continued support to help meet local housing needs. James Lopes, representing Save Our Downtown, concurred with Mr. Jenkins' written comments regarding Item C13 including revisions to the resolution of denial; voiced concerns regarding the early morning construction time at the Wineman Hotel, Stew Jenkins, San Luis Obispo, thanked Council for upholding the appeals of Pacific Courtyards and denying the project; noted that he submitted recommended revisions to the resolution of denial (Item C13). City Council Meeting Minutes — November 18, 2014 Page 4 Donald Hedrick, San Luis Obispo, opined that too many items are listed on the consent calendar; suggested that citizen participation should be sought and larger budgetary items be agendized for separate discussion. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to waive reading of all resolutions and ordinances as appropriate. C2. DOWNTOWN RENEWAL PROJECT - HIGUERA BETWEEN GARDEN TO BROAD STREETS, SPECIFICATION NO. 91320 Council Member Carpenter announced that he owns property within 500' of the subject site area and noted his recusal on this item. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -0 (COUNCIL MEMBER CARPENTER RECUSED), to: 1. Approve plans and specifications for the "Downtown Renewal Project, Specification No. 91320," and authorize staff to advertise for construction bids. 2. Authorize the City Manager to award the construction contract if bids are within the Engineer's Estimate of $473,000. 3. Authorize the Finance Director to issue a purchase order up to $35,000 for tree grates for use on the project. 4. Re- allocate $79,000 from the $1.7 million Measure Y designated contingency to the project's construction account to support project construction costs. C3. COMMUNITY PARTNERSHIP AGREEMENT WITH THE EXECUTIVE BOARD OF THE SAN LUIS OBISPO SENIOR CENTER —.1445 SANTA ROSA STREET - RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10577 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the terms for the Community Partnership Agreement between the City and the Volunteer Executive Board of the Senior Center ( "Senior Center ") and authorizing the Mayor to execute the agreement and all necessary supporting documents." City Council Meeting Minutes — November 18, 2014 Page 5 C4, CONTRACT WITH HARRIS & LEE ENVIRONMENTAL SCIENCES FOR SAFETY POLICIES AND PROGRAMS UPDATE MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to authorize the City Manager to execute a sole source agreement with Hams & Lee Environmental Sciences, in an amount not to exceed $30,000, for safety policy and program updates for the City of San Luis Obispo. C5. AFFORDABLE HOUSING FUND AWARD FOR THE SAN LUIS OBISPO COUNTY HOUSING TRUST FUND - RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Adopt Resolution No. 10578 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving a $30,000 Affordable Housing Fund (AHF) grant award for the San Luis Obispo County Housing Trust Fund (HTF)." 2. Make a determination pursuant to Section 15061(b)(3) General Rule of the California Environmental Quality Act (CEQA) Guidelines that an Affordable ' Housing Fund award will not have a significant effect on the environment. 3. Authorize the Finance Manager to appropriate $30,000 from the unallocated Affordable Housing Fund balance to fund the award. C6. RAILROAD SAFETY TRAIL TAFT TO PHILLIPS, SPECIFICATION NO. 91111 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve Plans and Special Provisions for the Railroad Safety Trail Taft to Phillips, Specification No. 91111. 2. Accept and appropriate $50,000 in State Highway Account (SHA) grant funding to the project's construction budget in Fund 401, to align the project's budgeted SHA grant funding, with the actual amount of the approved SHA grant. 3. Approve the transfer of $300,000 from the Design phase of the project account, and $153,000 from the Construction phase of the Hwy 101 Bridge project account, all in Grant Fund Capital Outlay Fund, into the Construction phase of the project account. 4. Approve the transfer of $275,000 from the land acquisition phase of the project into the construction phase within the Traffic Impact Fee (TIF) fund. (Council action continued on next page) City Council Meeting Minutes — November 18, 2014 C7. Page 6 5. Approve the appropriation of $86,379 into the design phase and $135,000 1 into the construction phase of the project using $221,379 of available Bicycle Transportation Account (BTA) grant funds within the TIF fund. 6. Approve the use of $140,000 in TIF Reserves to supplement the construction phase of the project in the TIF fund. 7. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is less than the engineer's estimate of $940,000. RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10579 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, adding the David Norcross residence at 546 Higuera Street to the Master List of Historic Resources (HIS- 0155 - 2014)." C8. REVISED 2014 WATER RESOURCES STATUS REPORT MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to receive and file the Revised 2014 Water Resources Status Report. C9. MAHONEY & ASSOCIATES. LLC MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve the agreement with Mahoney & Associates for a 5 year term to provide annual cost allocation plan development services and the development of annual labor rates that are used to bill services to outside entities and grants. C10. AMENDMENT TO THE AGREEMENT WITH MUNI SERVICES FOR UTILITY USER TAX COMPLIANCE AND REVENUE PROTECTION PROGRAM SERVICES - EXTENSION FOR A 2 YEAR PERIOD MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to approve the amendment of the agreement with Muni Services for Utility User Tax (UUT) compliance and revenue protection services to allow the extension of that agreement for a 2 year period. City Council Meeting Minutes — November 18, 2014 Page 7 C11, REQUEST FOR PROPOSALS, PUBLIC ART MASTER PLAN. SPECIFICATION tNO. 91286 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Authorize the issuance of request for proposals (RFP) for consulting services to prepare a Public Art Master Plan, Specification No. 91286, for the Parks and Recreation Department. 2. Authorize the City Manager to award a consultant services agreement, in an amount not to exceed $40,000, to develop a Public Art Master Plan, if the selected proposal is within the approved budget. C12. AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT (PFM) FOR INVESTMENT ADVISOR SERVICES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to: 1. Approve the agreement with Public Financial Management (PFM) for Investment Advisor Services for a 5 -year term. 1 2. Approve waiver of insurance deductible and self- insured retention. C13. UPHOLDING APPEALS AND DENYING THE ARCHITECTURAL REVIEW COMMISSION'S APPROVAL. OF A MIXED -USE PROJECT AT 1327 OSOS STREET (ARC 96 -13) — RESOLUTION Vice Mayor Christianson announced that she owns property within 500' of the subject property and recused herself; left the Chamber at 6:32 p.m. and returned at 6:38 p.m. In response to Council inquiry, Community Development Director Johnson narrated a PowerPoint presentation, highlighting modifications to the subject resolution. A hard copy of Mr. Johnson's presentation is on file with the City Clerk. MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4 -0 (VICE MAYOR CHRISTIANSON RECUSED), to adopt Resolution No. 10576 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, upholding appeals, and denying without prejudice the Architectural Review Commission's action to grant final approval to a mixed -use project containing nine residential units and 8,050 ' square feet of office space and approving a 10% shared parking reduction and automobile trip reduction program for property located at 1321 & 1327 Osos Street (ARC 96 -13)," as amended. City Council Meeting Minutes — November 18, 2014 PUBLIC HEARING Page 8 PH1. VESTING TENTATIVE TRACT MAP FOR A NINE LOT COMMON - INTEREST SUBDIVISION, USE PERMIT FOR DEVELOPMENT OF A SITE WITH SPECIAL CONSIDERATIONS, AND ENVIRONMENTAL REVIEW — 3080 ROCKVIEW PLACE - RESOLUTION Individual members of Council reported on their ex parte communications and site inspection as it relates to the subject matter. Community Development Director Johnson, Contract Planner Hill, and Associate Planner Carloni narrated a presentation entitled "3080 Rockview Place" and responded to Council Inquiries. Mayor Marx opened the public hearing. Emily Barbanek, Above Garden Engineering, representing the Applicant, advised that advisory body and staff design suggestions have been incorporated into the project and requested Council approval. There being no others desiring to speak on this item, the public hearing was closed. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5 -0, to adopt Resolution No. 10580 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving a Vesting Tentative Tract Map with exceptions to property development standards, a Use Permit allowing development of a nine -unit residential project on a site with special considerations (R -2 -S Zoning), and Mitigated Negative Declaration of Environmental Impact. 3080 Rockview Place; TR/A/ER 202 -13 (Tract 3057)." BUSINESS ITEM B1. PARKING SERVICES ORGANIZATIONAL ASSESSMENT Public Works Director Grigsby, Interim Parking Services Manager Mandeville, and Steffen Turoff, of Walker Parking Consultants, narrated a presentation entitled "Parking Services Organizational Review and Recommendations" and responded to Council Inquiries. Donald Hedrick, San Luis Obispo, stated that the homeless are targeted for illegal parking and solutions need to be developed. Public Works Director Grigsby advised that staff will evaluate the recommendations contained in the assessment report and will make appropriate provisions in the upcoming financial plan process. The City Council received and filed the 2014 Parking Services Division Organizational Assessment. J r 1 1 City Council Meeting Minutes — November 18, 2014 Page 9 LIAISON REPORTS A Council liaison report was received from Council Member Smith. COUNCIL COMMUNICATIONS Mayor Marx and Vice Mayor Christianson expressed gratitude to Council Member Smith for her service and dedication on Council. ADJOURNMENT The City Council adjourned at 7:34 p.m., to a Special Meeting to be held on Monday, December 1, 2014 at 3:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California, for the installation of the newly - elected City Council. Special and Regular City Council Meetings are scheduled for Tuesday, December 2, 2014 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 01/06/2015 in c nthony U. . Mejo City Clerk