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
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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.
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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.
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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.
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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.
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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
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