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HomeMy WebLinkAbout05/07/2013minutes city of san Luis osispo REGULAR MEETING OF THE CITY COUNCIL Tuesday, May 7, 2013 - 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Vice Mayor Kathy Smith, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. IPLEDGE OF ALLEGIANCE Girl Scout Troop 40201 led the Pledge of Allegiance. PRESENTATIONS PROCLAMATION — NATIONAL BUILDING SAFETY MONTH — (JOHNSON /HINES /LEASE — 5 MINUTES) Chief Building Official Joseph Lease and Fire Marshall Roger Maggio accepted the proclamation. PROCLAMATION — MAY AS OLDER AMERICAN'S MONTH — (COX — 5 MINUTES) Mike Suddarth, Julie Cox and Randy Harris, accepted the proclamation. 1 city counciL mectinG minutes Page 2 May 7, 2013 APPOINTMENT Al. CONFIRM APPOINTMENT OF RANDOL WHITE. TO THE MASS TRANSIT 1 COMMITTEE, BUSINESS REPRESENTATIVE POSITION. — (KENNEDY GRIMES) City Clerk Maeve Kennedy Grimes, presented the report and responded to Council questions. ACTION: Motion by Council Member Carpenter / Council Member Ashbaugh to: Confirm appointment of Randol White to the Mass Transit Committee, Business Representative Position, to fill an unscheduled vacancy, term ending on March 31, 2016. Roll Call Vote: 4 — 0 Motion Carried. PUBLIC COMMENT Dr. Will Powers, San Luis Obispo. Spoke in regard to the upcoming election. Dia Hurd, San Luis Obispo. Spoke in regard to a project at 3725 Orcutt which was in front of the Architectural Review Committee recently. Thomas Hoskins, San Luis Obispo. Stated that he enjoys living in San Luis Obispo, but is concerned with regard to the quantity of weeds along the sidewalks and in fields. Don Hedrick, San Luis Obispo. Spoke in regard to his election campaign and desires to represent the community and support the homeless. Kevin Rice, San Luis Obispo. Spoke as a candidate for the upcoming election. —end of public comments - -- CONSENT CALENDAR Public Comments On Items On The Consent Calendar Kevin Rice, San Luis Obispo. Spoke in regard to C3 and C4. Stated his support of these two items on the Consent Calendar. —end of public comments- city council meetmc, minutes May 7, 2013 Page 3 ' Vice Mayor Smith asked questions with regard to items C3, C4, C5 and C6. Fire Chief Charlie Hines and Police Chief Gessel addressed her questions. In regard to item C6, Mayor Marx asked if the Chair of the Round Table would attend the Mayor's Quarterly Luncheon for Advisory Bodies. Police Chief Gessel accepted the offer and welcomed the invitation. Vice Mayor Smith brought up issues with regard to item C9. 1 ACTION: Motion by Council Member Ashbaugh I Vice Mayor Smith to approve the Consent Calendar Items C1 thru C10. Roll Call Vote: 4 - 0. Motion Carried. C1. MINUTES OF TUESDAY, APRIL 9, 2013; AND APRIL 16, 2013. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved by Consent Calendar Vote. C2. FINAL ADOPTION OF TREE ORDINANCE. (GRIGSBY /LYNCH) RECOMMENDATION: Adopt Ordinance No. 1589 (2013 Series), replacing sections 12.24.020 and 12.24.070 of the Municipal Code. ACTION: Approved by Consent Calendar Vote. C3. SAFELY SURRENDER BABY LAW. (NINES /COX) RECOMMENDATION: Approve Fire Stations as authorized location to safely surrender newborn babies. ACTION: Approved by Consent Calendar Vote. C4. SAFE HOUSE PROGRAM. (NINES /COX) RECOMMENDATION: Approve Fire Stations as designated "Safe House" locations where a child may go for safety or assistance when the child encounters a threat or other emergency. 1 ACTION: Approved by Consent Calendar Vote. city council mectinc, minutes Page 4 May 7, 2013 C5. STREET RECONSTRUCTION SUMMER 2013, SPECIFICATION NO. 91161. 1 (GRIGSBY /GUZMAN) RECOMMENDATION: 1) Approve Plans and Special Provisions for "Street Reconstruction Summer 2013, Specification 91161". 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bidder is within the Engineer's Estimate of $1,115,000 and funding has been authorized as part of the 2013 -2015 Financial Plan. ACTION: Approved by Consent Calendar Vote. C6. UPDATE ON COMMUNITY OUTREACH MEASURE AND ESTABLISHMENT OF THE POLICE CHIEF'S ROUNDTABLE. (GESELLNVALLACE) RECOMMENDATION: Receive and file an update on a community outreach measure undertaken by the Police Department that includes the establishment of a community roundtable. The intent of this effort is to enhance connections and communications between the residents and businesses and the Police Department. ACTION: Approved by Consent Calendar Vote. 1 C7. TRENCH REPAIR AND MINOR CONCRETE, JOB ORDER CONTRACT — 2013. SPECIFICATION NO. 91196. (GRIGSBY /ROWLAND) RECOMMENDATION: 1) Approve plans and specifications for the Trench Repair and Minor Concrete, Job Order Contract - 2013, Specification No. 91196. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract to the lowest responsible bidder. ACTION: Approved by Consent Calendar Vote. C8. MODIFICATION TO CITY COUNCIL MEETINGS FOR 2013. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Cancel the Regular City Council Meeting of Tuesday, June 4; 2013, and at the conclusion of the Regular City Council Meeting of May 21, 2013 adjourn to a Regular City Council Meeting on Monday, June 17, 2013 at 6:00 pm. ACTION: Approved by Consent Calendar Vote. city council meetmc, minutes Page 5 May 7, 2013 C9. 2013 -14 CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 14" GRANT APPLICATION MODIFICATION. (GESELUELLSWORTH) RECOMMENDATION: Approve a modification to the grant application for Fiscal Year (FY) 2013 -14 California Office of Traffic Safety (OTS) for an Avoid the 14 grant. ACTION: Approved by Consent Calendar Vote. C10. CONCLUSION OF SALINAS RESERVOIR EXPANSION STUDY. (MATTINGLY /NORTON) RECOMMENDATION: Conclude the Salinas Reservoir Expansion Study. ACTION: Approved by Consent Calendar Vote. BUSINESS ITEMS B1. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT. (MATTI NGLY/H IX/FLOYD/BREWEN/MUNDS) Mayor Marx acknowledged Debbie Malicoat, Utilities Business Manager, who served the City for 13 years and attended the meeting as her last official act of duty. Utilities Director Carrie Mattingly recognized the hard work of staff in preparation of this project for the presentation. Utilities Director Carrie Mattingly, Environmental Programs Manager Aaron Floyd, and Water Reclamation Facility Supervisor Howard Brewen, presented the report and responded to Council questions. Wastewater Division Manager David Hix, Utilities Conservation Manager Ron Munds, along with several other members of the Utilities Department Staff were in the Council Chamber available to answer any questions from the Council. Public Comments Charlene Rosales, Chamber of Commerce, San Luis Obispo. Spoke in support of this item. - - -end of public comments — Vice Mayor Smith spoke in support of the project and the public /private partnership. city council meetinq minutes May 7, 2013 Page 6 Council Member Ashbaugh spoke in support of the project and the operational efficiencies of the project. 1 Council Member Carpenter spoke in support of the project and the stewardship of the participants in the project. Mayor Marx spoke in support of the project and the triple bottom line. ACTION: Motion by Council Member Carpenter I Vice Mayor Smith to: 1) Approve the Energy Efficiency Project at a cost of $9,478,948. 2) Authorize the City Manager to execute a Work Order, upon approval of the City Attorney as to form, to enter into agreement with PG &E to proceed with the project, contingent on approval of financing. 3) Authorize staff to pursue $7,186,258 in financing for the project, which includes an [-Bank loan or issuance of bonds, and direct staff to return to Council for approval of appropriate financing documents. 4) Adopt Resolution No. 10436 (2013 Series) of intention to issue tax exempt bonds in financing the project and to reimburse from the proceeds costs incurred prior to their issuance. Roll Call Vote: 4 – 0 Motion Carried. B2. APPOINTED OFFICIALS' EVALUATIONS AND COMPENSATION. (HOWELL - MARX/IRONS) Director of Human Resources Monica Irons, presented the report and responded to Council questions. Public Comments Don Hedrick, San Luis Obispo. Spoke in opposition to the salary increase. Stew Jenkins, San Luis Obispo. Shared comparisons of the City Attorney's wage in Santa Maria and stated his wish to decline the raise in salary. Kevin Rice, San Luis Obispo. Compared the salary of the City Attorney to the California State Attorney and expressed his belief that the increase was out of line. Michelle Tasseff, San Luis Obispo. Spoke in support of the wage increase and new employment agreement. Dr. Will Powers, San Luis Obispo. Spoke in regard to governmental pay raises. —end of public comments- ' city council meetmc minutes May 7, 2013 Page 7 Vice Mayor Smith spoke in support of equal pay for women and a comparison of City 1 Attorney Dietrick and her predicessors' compensation. Council Member Carpenter spoke of his support of the increase in compensation for the City Attorney. Council Member Ashbaugh spoke in support of the increase in compensation. Mayor Marx spoke in support of the City Attorney's performance and supports the increase in compensation and modifications to her employment contract. ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to: 1) Adopt Resolution No. 10437 (2013 Series) resolution adjusting the salary of the City Attorney. 2) Authorize the Mayor to execute amended contract of employment with the City Attorney. Roll Call Vote: 4 — 0 Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports and Communications: 1 Vice Mayor Smith submitted a written liaison report prior to the meeting and reviewed highlights of her activities. Council Member Carpenter asked if the Council would support agendizing a discussion of amending the Land Use Circulation Element Task Force guidelines at. section 7, Conflict of Interest, to include a statement that would state that current members of the LUCE Task Force cannot be candidates for any public office. City Attorney Dietrick indicated that the City could not restrict candidacy for all public offices as a condition of membership but the issue would have to be researched further if the majority of the Council wanted the item agendized. Vice Mayor Smith agreed to have the matter placed on an agenda for discussion. Mayor Marx and Council Member Ashbaugh did not agree to have the matter placed on the agenda. No action was taken. Council Member Ashbaugh distributed his liaison report at the meeting and highlighted a few items on his report. Mayor Marx distributed her liaison report prior to the meeting and reviewed highlights of her activities. In addition she highlighted the March 19th decision with regard to the Broad tStreet Plan and read a Council Memorandum prepared by Community Development city council mectinq minutes May 7, 2013 Page 8 Director Derek Johnson. Council Member Ashbaugh asked that the Council support members of the LUCE Task Force. 1 Council Member Carpenter wanted to clarify that the comments he made to the LUCE Task Force were made as a private citizen, not a Council Member. City Attorney Dietrick read Government Code Section 3203 with regard to prohibition of restrictions on employees in regard to political activities. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 8:30 p.m. -- 4-�2a Maev enne Grimes City Clerk APPROVED BY COUNCIL: 05/21/13 1 1