Tuesday, May 20, 2014

 

 

 

4:30 p.m.

 

SPECIAL MEETING

 

Council Hearing Room

990 Palm Street

 

 

CALL TO ORDER:             Mayor Jan Marx

 

ROLL CALL:                       Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx

 

PUBLIC COMMENT ON CLOSED SESSION ITEM

 

 

CLOSED SESSION – Based on the advice from the City Attorney discussion in open session of the following described matters would prejudice the position of the City in existing litigation.

 

 

A.                CONFERENCE WITH LEGAL COUNSEL – Existing Litigation, Pursuant to Government Code § 54956.9

 

Mike Harris v. City of San Luis Obispo

            San Luis Obispo Superior Court Case No. CV 130433

 

B.                 CONFERENCE REGARDING PROPERTY NEGOTIATIONS, Pursuant to Government Code § 54956.8

 

Property:                                                         APN 002-421-018

Property Owner Negotiator:                           Quaglino Properties, Matt Quaglino,

Carol Florence

City of San Luis Obispo Negotiators:            Katie Lichtig, J. Christine Dietrick,

Michael Codron, Lee Johnson

Negotiations:                                                   Provide direction to City negotiators regarding price and terms of payment

 

 

Adjourn to Regular Meeting of May 20, 2014

 

 

6:00 p.m.

 

REGULAR MEETING

 

Council Chamber

990 Palm Street

 

 

CALL TO ORDER:             Mayor Jan Marx

 

ROLL CALL:                       Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx

 

PLEDGE OF ALLEGIANCE: Council Member Carpenter

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

 

PRESENTATIONS

 

 

PROCLAMATION – ANDREA VISVESHWARA (MARX – 5 MINUTES)

 

Presentation of a Proclamation to Assistant City Attorney Andrea Visveshwara for her service to the City.  

 

PROCLAMATION – BIKE MONTH (MARX - 5 MINUTES)

 

Presentation of a Proclamation proclaiming May 2014 as “Bike Month.”

 

PROCLAMATION – PUBLIC WORKS WEEK (MARX – 5 MINUTES)

 

Presentation of a Proclamation proclaiming May 18-24, 2014 as “Public Works Week.”

 

PRESENTATION – UPCOMING GAS LINE HYDROTEST PROJECT & PUBLIC OUTREACH PLAN (GRIGSBY - 5 MINUTES)

 


 

APPOINTMENTS

 

 

A1.      NOMINATION TO THE BOARD OF DIRECTORS OF THE CENTRAL COAST COMMISSION FOR SENIOR CITIZENS (CCCSC), AREA AGENCY ON AGING (MEJIA/GOODWIN – 5 MINUTES)

 

As Recommended by the Council Subcommittee

 

Nominate Julie Cox to serve a term beginning on July 1, 2014 through June 30, 2016, as the City of San Luis Obispo’s representative to the Central Coast Commission for Senior Citizens Area Agency on Aging Board of Directors.

 

 

PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total)

The Council welcomes your input.  You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting.  At this time, you may address the Council on items that are not on the agenda.  Time limit is three minutes.  State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code Sec. 54954.2).  Staff may be asked to follow up on such items.

 

 

 

 

CONSENT AGENDA

A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three minute time limit.

 

 

 

C1.      WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (MEJIA)

 

Recommendation

 

Waive reading of all resolutions and ordinances as appropriate

 

 

C2.      MINUTES OF CITY COUNCIL MEETING OF APRIL 1, 2014.  (MEJIA)

 

Recommendation

 

Approve and waive oral reading of the Minutes of the City Council meeting of April 1, 2014, as presented.

 

C3.      ordinance adoption - aMENDMENTS TO THE CITY’S ELECTION CAMPAIGN REGULATIONS (mejia/dietrick)

 

Recommendation

 

Adopt Ordinance No. 1599 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 2.40 of the Municipal Code related to Election Campaign Regulations” (intro. on 5/6/14).

 

C4.      APPROVAL OF SETTLEMENT AGREEMENT WITH CBS OUTDOOR AND AMENDED AND RESTATED LEASE FOR BILLBOARD AT CAlle Joaquin Open Space and determine that the SETTLEMENT AGREEMENT IS EXEMPT PURSUANT TO SECTIONS 15301 ET SEQ., 15321, AND 15061 (B) (3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - RESOLUTION (DIETRICK/VISVESHWARA)

 

Recommendation

 

Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a settlement agreement and amended and restated lease for APN 053-152-007 with CBS Outdoor (“CBS”);”for the billboard located on the Calle Joaquin Open Space.

 

C5.      2014 SEWER SYSTEM MANAGEMENT PLAN UPDATE - RESOLUTION (MATTINGLY/NANCE)

 

Recommendation

 

Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the Sewer System Management Plan Update;” and authorize the City’s representative to recertify the plan with the State Water Resources Control Board.

 

C6.      UPDATE TO THE Public, EducationAL and GovernmentAL (PEG) ALLOCATION MODEL AND CONTRACT AMENDMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG FuNDS (E-PORTION) (MEJIA) (CLICK HERE TO DOWNLOAD A SUPPLEMENTAL MEMO)

 

Recommendation

 

1.      Modify the allocation model for Public, Educational and Governmental (PEG) Access funds to eliminate funding for public access and allocate 50% of PEG funds for educational and governmental access.

 

2.      Approve, and authorize the Mayor to execute, the First Amendment to the Agreement between the City of San Luis Obispo and San Luis Unified School District for Release of PEG Access Funds (E-Portion), retroactively to August 4, 2012 through August 4, 2015.

 

C7.      AIRPORT AREA FEE REVENUE APPROPRIATION: DESIGN SERVICES (grigsby/bochum/hudson)

 

Recommendation

 

Appropriate $40,000 in Airport Area Impact fee revenues to fund consultant design services for Tank Farm widening near Santa Fe.

 

C8.      AUTHORIZATION OF cONTRACT FOR Consulting Services TO CONTINUE PROCESSING THE sAN LUIS RANCH PROJECT (johnson/davidson)

 

Recommendation

 

Authorize the Community Development Director to execute a contract with John Rickenbach Consulting not to exceed $60,750 for Phase Two processing of the San Luis Ranch project.

 

C9.      authorizing the cOLLECTION OF DELINQUENT CODE ENFORCEMENT FINES – resolution (johnson/lease) (CLICK HERE FOR THE REVISION TO RESOLUTION MEMO)

 

Recommendation

 

Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent administrative fines as special assessments against the properties.”

 

 

C10.    REALLOCATE CITY FUNDS FROM PROPERTY ACQUISITION TO DEVELOPMENT AND CONSTRUCTION COSTS FOR A HOMELESS SERVICES CENTER (JOHNSON/HERMANN)

 

Recommendation

 

1.      Reallocate the $250,000 that was set-aside in the General Fund reserve for the acquisition of property for a Homeless Services Center located at 40 Prado Road to allow use for the development and construction costs for the project to the Capital Outlay Fund subject to future Council action in association with the terms and conditions of funding the construction of a Homeless Services Center.

 

2.      Make a finding that the reallocation of funds is not a project as defined under section 15378 (b) (4) of the California Environmental Quality Act.

 

C11.    Resolution no. 10441 (2013 Series) – sewer service rates (mattingly/hix/elke)

 

Recommendation

 

Direct the City Clerk to correct a clerical error in Exhibit A to Resolution No. 10441 (2013 Series) establishing sewer service rates.

 

  

C12.    SCHEDULE OF CITY COUNCIL MEETINGS FOR 2014 (mejia)

 

Recommendation

 

Reschedule the Regular City Council Meeting of June 3, 2014 to June 10, 2014.

 

C13.    COUNCIL PROFESSIONAL DEVELOPMENT FUND TRANSFER (codron/sims)

 

Recommendation

 

Authorize staff to transfer funds from Vice Mayor Carlyn Christianson’s professional allowance account to Council Member John Ashbaugh’s professional allowance account to cover the cost of attendance at the 2014 International Town-Gown Association (ITGA) Annual Conference.

 

C14.    AMENDMENTS TO Municipal code section 12.32, CITYWIDE STREET NAME REGULATIONS – ordinance introduction (johnson/dunsmore) (click here for street names regulations update memo)

 

As Recommended by the Cultural Heritage Committee

 

Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code Chapter 12.32 City Street Name Regulations (TA 20-14);” to include guidance and reference to a Historic Registry for the naming of streets.

 

C15.    REVISIONS TO THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL AND INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATED TO COUNCIL MEETING DATES AND TIME – RESOLUTION & ORDINANCE INTRODUCTION (MEJIA)

 

Recommendation

 

1.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedures Manual.”

 

2.      Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code Chapter 2.04 (Council Meeting) to modify Regular Meeting times.”

 

 

 

PUBLIC HEARINGS AND BUSINESS ITEMS

 

 

 

PH1.    AMEND TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH REASONABLE ACCOMMODATION PROVISIONS; AND A GOOD NEIGHBOR POLICY FOR HOMELESS SERVICES – RESOLUTION & ORDINANCE INTRODUCTION (johnson/corey – 30 minutes)

 

As Recommended by the Planning Commission

 

1.      Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) Of The San Luis Obispo Municipal Code (GPI 16-14 & 45-14).”

 

2.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a good neighbor policy for homeless services (GPI 16-14).”

 

B2.      Council Compensation Committee RecommenDations- resolution (mejia - 30 minutes)

 

Recommendation

 

1.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, setting new salaries for the Mayor and Council Members,” increasing compensation to $1,500 per month for Mayor and $1,200 per month for Council Members and providing for an option to opt out of medical, dental, and vision coverage so that the individual member will receive the opt out amount equal to City department heads, effective the first full payroll period in January 2015.

 

2.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, increasing compensation for Architectural Review Commission and Planning Commission Members” from $50 to $60 per meeting, not to exceed $240 per month, effective July 1, 2014.

 

PH3.    SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION - RESOLUTION (MATTINGLY/MUNDS – 20 MINUTES) (CLICK HERE TO DOWNLOAD A SUPPLEMENTAL MEMO)

 

Recommendation

 

Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing integrated solid waste rates;” by 2.93% for interim year 2014 effective on June 1, 2014; provided there is not a majority protest against such increase.

 

B4.      CONTINUE review of BALLOT MEASURE LANGUAGE AND a draft ordinance TO extend THE “ESSENTIAL SERVICES TRANSACTION (SALES) AND USE TAX” – THE city’s local half-percent sales tax – AND discussion of alternatives (LICHTIG/CODRON – 20 MINUTES)

 

Recommendation

 

Review and consider the following items, which have been revised based on Council direction, and provide direction to staff on next steps.

 

1.      Revised draft ballot measure language to extend the local half-percent sales tax.

 

2.      Revised draft amendments to Municipal Code Chapter 3.15 that would be proposed to the voters by a ballot measure ordinance to extend the local sales tax measure for an additional eight year period.

3.      Direct staff to return to the City Council on June 10 with additional information and details relating to a proposed Citizen’s Local Tax Revenue Enhancement Oversight Commission.

 

4.      Direct staff to return to the City Council on June 17 with additional information on a Fiscal Responsibility Philosophy, and improving citizen access to financial information through the use of “dashboards” on the City’s website.

 

B5.      Acceptance of the COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT REPORT AND RELATED RECOMMENDATIONS TO MANAGEMENT FOR 2012-13; THE ANNUAL AUDIT OF TRANSPORTATION DEVELOPMENT ACT FUNDS AND THE AUDIT OF WHALE ROCK COMMISSION FINANCIAL STATEMENTS; AND THE REPORT ON AGREED UPON PROCEDURES RELATED TO THE ANNUAL APPROPRIATION LIMIT CALCULATION (PADILLA/WARNER – 30 MINUTES) (click here for measure y funding summary schedule memo)

 

Recommendation

 

            Accept the following reports and recommendations:

 

1.      The Comprehensive Annual Financial Report, Single Audit Report and related Recommendations to Management for 2012-13.

 

2.      The annual audit of the Transportation Development Act Funds.

 

3.      The Audit of the Whale Rock Commission.

 

4.      The Report on Agreed upon Procedures related to the annual Appropriation Limit Calculation.

 

B6.      APPOINTED OFFICIALS’ EVALUATIONS process AND COMPENSATION adjustment for city attorney (MARX/IRONS – 10 MINUTES) (CLICK HERE TO DOWNLOAD A SUPPLEMENTAL MEMO)

 

Recommendation

 

1.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adjusting compensation for the City Attorney.”

 

2.      Authorize the Mayor to execute amended contract of employment with the City Attorney.

 

 

COUNCIL LIAISON REPORTS (not to exceed 15 minutes)

Council Members report on conferences or other City activities.  Time limit—3 minutes.

 

COMMUNICATIONS (not to exceed 15 minutes)

At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities.  In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)

 

 

 

 

ADJOURNMENT

 

 

The next Regular Meeting is scheduled for Tuesday, June 3, 2014 at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California.

 

 

 

LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public.  Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities.  Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.  Telecommunications Device for the Deaf (805) 781-7107.

 

City Council regular meetings are televised live on Charter Channel 20.  Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, during normal business hours, and on the City’s website www.slocity.org.   Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100.