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HomeMy WebLinkAbout11/09/2010..M.INUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 9, 2010 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 6:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM ROLL CALL: Council Members Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice Mayor Andrew Carter, and Mayor Dave Romero City Staff Present: Katie Lichtig, City Manager, Andrea Visveshwara, Assistant City Attorney, Michael Codron, Acting Assistant City Manager, and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ANNOUNCEMENT OF CLOSED SESSION TOPICS Assistant City Attorney Visveshwara announced the following Closed Session topics. CLOSED SESSION: 6:00 P.M. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6. Agency Negotiators:. Monica Irons, Rick Bolanos,. Michael Codron, Shelly Stanwyck, Andrea Visveshwara, Deborah Linden, Carrie Mattingly Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA) and San Luis Obispo City Firefighters, Local 3523 Unrepresented Employees: Confidential Employees, Unrepresented Management Employees CLOSED SESSION: 6 :30 P.M. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 Pacific Mechanical Corp v. City of San Luis Obispo City Council Meeting Page 2 Tuesday, November 9, 2010 PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Romero called for public comments. None was forthcoming and the meeting adjourned to the Closed Session CLOSED SESSION REPORT City Attorney_ Dietrick reported on the Closed Session at the commencement of the 7:00 p.m. Regular Meeting The Closed Session adioumed at 6:55 p.m. 7:00 P.M. —.REGULAR MEETING — COUNCIL CHAMBER Mayor Romero called the Regular Meeting to order at 7:03 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss Labor Negotiations and Existing Litigation as indicated above. No further reportable action was taken. PUBLIC COMMENT Mike Baumberger, Los Osos, spoke about an experience with the Police Department, and thanked and commended Sean Gillham, SLOPD, Kerry Boyle, SLOFD, City Attorney Dietrick and Mayor Romero. Don Ernst, San Luis Obispo, stated that he, along with other businesses as listed in a petition submitted and on file in the City Clerk's office, wanted to be removed from the Business Improvement Association District, and requested the issue be agendized. gly Manager Lichtig stated that staff would research and provide Council with information on the process. Gary Fowler, San Luis Obispo, spoke about the financing of the proposed Palm - Nipomo parking structure. CONSENT AGENDA ACTION: Moved by Settle /Ashbaugh to approve the Consent Agenda as indicated below. C1. MINUTES. ° City Council Meeting Tuesday, November 9, 2010 Page 3 ACTION: Moved by Settle /Ashbaugh to waive oral reading and approve as presented; motion carried 5 :0. C2. FIREMAN'S FUND GRANT APPLICATION. ACTION: Moved by Settle /Ashbaugh to: 1. Authorize staff to submit a grant application of $10,500 to Fireman's Fund Insurance Company Grant Program to fund Tiller Driving Training class. 2. Appropriate $10,500 in the Fire Training budget if grant is awarded. 3. Authorize the City Manager to accept and execute all grant related documents; motion carried 5:0. C3. TELEMETRY MAINTENANCE CONTRACT. ACTION: Moved by Settle /Ashbaugh to approve agreement with Remote Automation Solutions Inc., for a two -year telemetry system maintenance services contract in the amount of $61,620, and authorize the Mayor to execute agreement; motion carried 5:0. C4. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTA ACTION: Moved by Settle /Ashbaugh to: 1. Approve the Cooperative Agreement with the State of California Department of Transportation for the City to contribute $54,000 for paving and sidewalk improvements as part of the Caltrans SLO -101 R38.5/52.0 Rehabilitation project. 2. Re- appropriate $25,000 in previously approved State Highway Account grant funding. 3. Approve the transfer of funding in the amount of $29;000 from the Street Resurfacing & Reconstruction Main Account to the project's construction phase; motion carried 5:0. 1. REVIEW OF AN PUBLIC_ HEARINGS Senior Planner Dunsmore and Fire Marshall Maggio presented the agenda report and responded to Council questions and comments. Mayor Romero recused himself from participating in this item due to a conflict of interest regarding his property being within the proposed Fire Hazard Zone. Vice Mayor Carter opened the public hearing. Penny Sullivan, .San Luis Obispo, stated that potential fire risk affected residents' ability to obtain fire insurance. 1 City Council Meeting Page 4 Tuesday, November 9, 2010 Timothy R. Plumb, San Luis Obispo, spoke about his concerns regarding wild land fire, fuel modification to reduce fire hazards, vegetation management, and the ability to obtain fire insurance. Ron Starkey, San Luis Obispo, spoke about his concerns regarding the potential of wild land fires, and suggested that the City develop a regular maintenance plan to remove dead and overgrowing vegetation. Vice Mayor Carter closed the public hearing. Fire Marshall Maggio explained that the City was working on contracts with Cuesta Camp and the California Men's Colony for vegetation management services. Council discussion ensued during which they spoke of concerns regarding buffer zones, maintenance of open space, and fire insurance for property owners. ACTION: Moved by Ashbaugh /Settle to direct staff to further research the 1,000 foot buffer zone and what other communities have done; programmatic issues with the maintenance of the city's open space; more information is needed regarding insurability; confirmation that the applicability is only to new buildings and return to the Planning Commission for further consideration; motion carried. 4:0 (Romero recused). 2. CULTURAL HERITAGE COMMITTEE RECOMMENDATION TO UPDATE THE HISTORIC PRESERVATION PROGRAM GUIDELINES AND CREATE A HISTORIC PRESERVATION ORDINANCE-(GPI 72.09). Community Development Director Mandeville introduced this item, following which Deputy Director, Long Range Planning, Murry presented the agenda report and responded to Council questions and comments. Mayor Romero opened the public hearing. Steve Rebuck, San Luis Obispo, requested that the Council take more time to consider how the ordinance and guideline will affect builders and tradesmen. Mike Baumberger, Los Osos, spoke about'his concern regarding the "potential list." Jim Duenow, San Luis Obispo, spoke in support of staffs recommendation. David Brodie, San Luis Obispo; spoke in support of staffs recommendation. Elizabeth Thyne, San Luis Obispo, spoke in support of staffs recommendation. Linda Groover, San .Luis Obispo, spoke in support of Allen Coopers letter submitted to the Council and in support of staffs recommendation. City Council Meeting` ` Page 5 Tuesday, November 9, 2010 Pep Pinard, San Luis Obispo, spoke in opposition to the proposed ordinance. Rochelle Johnson, San Luis, Obispo, spoke in opposition to staff's recommen.dption. Susan Coward, San Luis Obispo, spoke in opposition to the proposed ordinance. Craig Smith, San Luis Obispo, spoke in support of staffs recommendation. Leslie Halls, San Luis Obispo, spoke in opposition to staffs recommendation.. Paul Rys, San Luis Obispo, spoke about the expantion of the number of listed historical properties. Stacy Edmonds, San Luis Obispo, spoke about her conems regarding the proposed ordinance. Ermina Karim, Chamber of Commerce, spoke about the Chamber's input into the drafting of the proposed ordinance, and its support for changes that had been made to the document. Sara McEre, San Luis Obispo, recommended that the ordinance should be expanded to include what is built around historic properties. Elisabeth Abrahams, San Luis Obispo, spoke in support of staffs recommendations. Joseph Abrahams, San Luis Obispo, spoke in support of staffs recommendations. Bob Vessels, San Luis Obispo, stated that public hearings of the CHC and Council had been properly noticed, that many had given their input, and commended staff for modifying the ordinance based on input received. Buzz Kalkowski, San Luis Obispo, spoke about the staff research and work that went into the ordinance and urged its passing. Diane Duenow, San Luis Obispo, spoke in support of staffs recommendation and commended staff for their efforts. Robert Pavlik, San Luis Obispo, spoke about the benefits and justification of government initiated historic preservation efforts. Steve Delmartini, San Luis Obispo, spoke in support of staffs recommendation and commended staff. Russ Brown, San Luis Obispo, spoke in support of staffs recommendation. Mayor Romero closed the public hearing. City Council Meeting Page 6 Tuesday, November 9, 2010 Council recessed at 9;43 p.m. and reconvened at 9:55 p,m. with all members present. Council McMber Settle stated his support of having a historic preservation ordinance, however expressed concern over the complexity of the ordinance, concerns over the number of properties falling into a legal non - conforming status and the number of exemptions including those of City -owned property, and the cost to the City to bring City -owned properties in conformity. Mr. Settle recommended a continuation for further analysis and refinement of the ordinance. Deputy Director Murry stated that the definition of the term 'owner' includes public agencies. Council discussion ensued during which the majority spoke in favor of staffs recommendation and commended staff for their efforts and the community for providing extensive input. ACTION: Moved by Ashbaugh /Marx to introduce Ordinance No. 1557 (2010 Series) as modified and adopt Resolution No. 10229 (2010 Series) as modified; motion carried 4:1, Settle opposed. BUSINESS ITEMS 3. APPEAL OF CITY MANAGER'S AWARD OF CONTRACT REGARDING SEWERLINE REPLACEMENTS 2010 -2011, PROJECT 2, SPECIFICATION NO. 90938 — AWARD. Director of Public Works Walter introduced this item, following which Assistant City Engineer Matt Horn and Assistant City Attorney Visveshwara presented the agenda report and responded to Council questions and comments. Public Comments By Council consent, representativesJor the appellant and the respondent were allowed a total of 10 minutes for each side to make a presentation. Gerald Weaver, Counsel for the Appellant, stated reasons the appeal was filed and spoke of concerns regarding the City's bid process. Mr. Weaver stated that his client met the requirements of a qualified bid. Austin Vinciguerra, San Luis Obispo, spoke in opposition to staffs recommendation, and urged the Council to consider Viciguerra Construcion's track record over the last two years of sucesfully completing projects for the City. Mr. Vinciguerra responded to Council questions. Alan Goodman, National Sales Manager, Hammerhead, provided information on the techniques involved in the pnematic pipe bursting process. City Council Meeting Tuesday, November 9, 2010 Page 7 Wayne Vinciguerra, Owner Vincigerra Construction, stated that the company had completed close to $100 million in Public Works contracting over the previous 32 years, including 35 projects for the City. The company had been awarded 6 contracts by the City in the last 2 years, and so were familiar with the City's new requirements for bid proposals packets. Tom Kaufman, Did not speak. Michael D'arcy, President of D'Arcy .& Harty _Construction, Inc., spoke in support of awarding the contact to D'Arcy & Harty Construction and about the company's experience in pneumatic pipe bursting. Patricia Walsh, Counsel for D'Arcy & Harty Construction, Inc., stated that California Law and Case Law supported the City's action to award D'Arcy & Harty Construction, Inc. the contract. ---end of public comments -- Assistant. City Attorney Visveshwara stated the City's position that California Law made . provisions for pre -bid determinations to be made and for the City to demand strict . compliance with the bid requirements. Ms. Visveshwara referenced a letter sent to the City on September 29, 2010, by the appellant's lawyer at the time, Michael A. Cable, which stated "Vinciguerra Construction's bid substantially conforms to the call for bids" as an admission that the appellants bid proposal did not fully comply with the City's requirements. Council discussion ensued during which they spoke in support of staffs recommendation to award the contract to D'Arcy & Harty Construction, Inc. ACTION: Moved by Settle /Marx to adopt Resolution No. 10230 (2010 Series) which upholds the City Manager's award of contract to D'Arcy & Harty Construction, Inc., in the amount of $454,246 for the Sewerline Replacements 2010 -2011, Project 2, Specification No. 90938; motion carried 5:0. 4. BIOSOLIDS REUSE CONTRACT AND RESOLUTION OF SUPPORT. Utilities Director Mattingly introduced this item, following which Wastewater Division Manager Hix presented the agenda report and responded to questions. Public Comments Bob Engel, Engel & Gray, Inc., spoke about the company's excitement to be working with the City and their committment to manufacturing great product. -- -end of public comments --- City Council Meeting Tuesday, November 9, 2010 Page 8 ACTION: Moved by Marx/Settle to adopt Resolution No. 10231 (2010 Series); motion carried 5:0. COUNCIL LIAISON REPORTS None COMMUNICATIONS None There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:19 a.m. Elaina Cano, CIVIC City Clerk APPROVED BY COUNCIL: 02/01/11 1 1