HomeMy WebLinkAbout07/16/2013t MINUTES
CITY OF SAN LUIS OBISPO
REGULAR MEETING OF THE CITY COUNCIL
Tuesday, July 16, 2013
Special Meeting — 5:30 P.M.
Regular Meeting — 6:00 P.M.
Council Chamber, 990 Palm Street
San Luis Obispo, California
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson,
Vice Mayor Kathy Smith, and Mayor Jan Marx
City Staff
Present: Katie Lichtig, City Manager, Andrea Visveshwara, Assistant City Attorney,
Peggy Mandeville, Principal Transportation Planner, and Maeve Kennedy
Grimes, City Clerk, were present at Roll Call.
CLOSED SESSION
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: APN's 053 - 161 -014 and 053 - 141 -013
Property Owner negotiator: KFK Family Trusts, Wayne Longcrier, Trustee
Property: APN 053 - 151 -016
Property Owner Negotiator: BP West Coast Products LLC
City of San Luis Obispo Negotiators: Tim Bochum, Peggy Mandeville, J. Christine
Dietrick, Andrea s. Visveshwara, Cathy
Springford of Hamner, Jewell & Associates
Negotiations: Provide direction to City negotiators regarding
price and terms of payment
PUBLIC COMMENT ON CLOSED SESSION ITEM
Assistant City Attorney Andrea Visveshwara called for public comments. None were
1 heard and the Council recessed to the Closed Session.
Closed Session adjourned at 5:50 pm to the Regular Meeting at 6:00 PM.
city council meetmG minutes
Tuesday, July 16, 2013
REGULAR MEETING
ROLL CALL:
Page 2
Council Members
Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson,
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.
PLEDGE OF ALLEGIANCE
Council Member Christianson led the Pledge of Allegiance.
Mayor Marx announced that item PH1, Review Of Mobile Food Vendor Ordinance, was 1
moved to a date uncertain and would not be heard during this meeting.
REPORT FROM CLOSED SESSION
Assistant City Attorney Visveshwara stated there were two properties referenced during
the closed session.
Property 1: APN's 053 - 161 -014 and 053 - 141 -013;
KFK Family Trusts, Wayne Longcrier, Trustee.
ACTION: Council voted to enter into a sale and purchase agreement to purchase a
portion of the property in fee simple and as a temporary construction easement in the
amount of $42,500 and agreed to cover closing expenditures not to exceed $7,500.
Vote: 5 — 0 Motions carried.
Property 2: APN 053 - 151 -016;
BP West Coast Products LLC
No reportable action. 1
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Tuesday, July 16, 2013
PRESENTATIONS
PROCLAMATION — CHILDREN'S BILL OF RIGHTS — (MARX — 5 MINUTES)
The First Five Commissioners: Bruce Gibson, Mme( Kern, Janet Murphy, Mitsy
Livengood, Susan Hughes, and members from the audience from United Way Youth
Board and YouthWorks accepted the proclamation.
PROCLAMATION — HONORING THE LIFE OF ROD LEVIN — (MARX — 5 MINUTES)
Roxanne Carr accepted the proclamation.
PUBLIC COMMENT
Steve Barasch, San Luis Obispo, spoke in regard to the enterprise fund and sale of
water to agencies outside of the area.
Heidi Harmon, San Luis Obispo; spoke in regard to the divestment of investments in
1 fossil fuels.
Jack Harmon, San Luis Obispo; spoke in regard to the climate crisis and divesting in
investment in fossil fuels.
Jeanne Blackwell, San Luis Obispo; spoke in regard to divesting in investment in fossil
fuels.
Nick Homick, San Luis Obispo; spoke in regard to the Council putting an item on the
Agenda to discuss divesting investment in fossil fuels.
Jeremy Black, San Luis Obispo; spoke in regard to the scientific issue surrounding the
investment in fossil fuels.
Joe Moms, San Luis Obispo; spoke in regard to divesting in investment in fossil fuels.
Scott Secrest, San Luis Obispo; spoke in regard to the divestment of investments in
fossil fuels.
Don Hedrick, San Luis Obispo; spoke in regard to fluoride reactors; and stated the need
to divest of our investments in oil.
1 Dr. Will Power, San Luis Obispo; spoke in regard to City planning.
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Tuesday, July 16, 2013
Andrew Christie, San Luis Obispo Director of Sierra Club, spoke in regard to divesting
from fossil fuel investments and investing in renewable energy that is community 1
owned.
-- -end of public comments—
Utilities Director Carrie Mattingly addressed comments by Steve Barasch regarding
water wheeling outside the City limits and the sale of recycled and potable water.
Finance Director Wayne Padilla addressed comments with regard to investments in
fossil fuels and stated that the City holds one investment in Chevron, with a current
value of approximately $700,000 and matures in 2017.
Council Member Ashbaugh suggested proceeding with a broad discussion regarding
what influence the City has on investments in CalPers and Cal JPIA.
Vice Mayor Smith concurred with Council Member Ashbaugh and suggested that
perhaps a study session could be calendared if we receive a response from CalPers
and Cal JPIA,
Council Member Carpenter suggested that he would like to have a council discussion
on the City's divesting policy, not just with regard to investments in fossil fuels.
Council Member Christianson concurred with Council Member Carpenter's idea of 1
reviewing investment and divestment policies.
Mayor Marx summarized the discussion and consensus of Council Members to
agendize a study session regarding City investment/divestment policies. City Manager
Lichtig discussed the City investment policy which is brought to the Council once per
year. The City Clerk indicated that the City Investment Oversight Committee will be
expanded by one Council Member and one member of the public in September.
Council Member Christianson requested that this divestment issue be discussed by the
City Investment Oversight Committee.
CONSENT CALENDAR
Public Comments On Items On The Consent Calendar
Don Hedrick, San Luis Obispo; spoke in regard to items on the Consent Calendar that
he feels should not be on the Consent Calendar, but should be open for additional
discussion.
—end of public comments - -- 1
city counclL meetmc, minutes Page 5
Tuesday, July 16, 2013
Vice Mayor Kathy Smith commented on items C1, regarding the budget for animal
services; Captain Keith Stomton responded to her comments. In addition, Vice Mayor
Smith asked questions regarding C6 and the allocation of $80,000 to Johnson Aviation;
Community Development Director Derek Johnson responded.
Council Member Carpenter requested that Item C5, be pulled from the Consent
Calendar for deliberation.
Council Member Ashbaugh had a question on C3, grant funds for the Broad Street traffic
signal conversion. Public Works Director Daryl Grigsby and Traffic Operations Manager
Jake Hudson responded.
Mayor Marx commented on C4 and commended staff on their work with PG &E. She also
expressed her appreciation of staff negotiations with JPIA which resulted in a credit on
our account.
ACTION: Motion by Council MemberAshbaugh / Vice Mayor Smith to approve
the Consent Calendar Items C1 thru C4 and C6 through C9.
Roll Call Vote: 5 - 0 Motion Carried.
I C1. FY 2013 -16 ANIMAL CARE AND CONTROL SERVICES CONTRACT WITH
THE COUNTY OF SAN LUIS OBISPO. (GESELL)
RECOMMENDATION: 1) Approve a three -year contract with the County of San
Luis Obispo for the continued provision of Animal Care and Control Services
from July 1, 2013 to June 30, 2016 in the amount of $113,188 for the first year,
with annual adjustments thereafter. 2) Authorize the Mayor to execute the
contract.
ACTION: Approved by Consent Calendar Vote.
C2. CONSIDERATION OF 2012 PROGRAM YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING REALLOCATION. (JOHNSON /COREY)
RECOMMENDATION: As recommended by the Human Relations Commission
(HRC), adopt Resolution No. 10449 (2013 Series) to approve reallocation for
$95,000 of 2012 CDBG Program Year funds.
ACTION: Approved by Consent Calendar Vote.
r
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Tuesday, July 16, 2013
C3. GRANT FUNDED BROAD STREET TRAFFIC SIGNAL CONVERSION,
SPECIFICATION NO. 90875. (GRIGSBY /HUDSON /CRISP) 1
RECOMMENDATION: 1) Approve plans and specifications for the grant funded
Broad Street Traffic Signal Conversion Project, Specification No. 90875, and
authorize staff to advertise for bids. 2) Authorize City Manager to award a
contract for the Broad Street Traffic Signal Conversion Project, Specification No.
90875, if the lowest responsible bid is within the Engineer's Estimate of
$210,000. 3) Authorize a sole source contract award to Iteris in the amount of
$131,015.92 to procure equipment and configure systems for an upgrade to the
City's Traffic Signal Vehicle Detection System along the Broad Street corridor as
a part of the Broad Street Traffic Signal Conversion Project, Specification No.
90875. 4) Appropriate $238,700 in additional State Highway Account (SHA)
grant funding in support of equipment acquisition and construction of the Broad
Street Traffic Signal Conversion Project, Specification No. 90875.
U.
ACTION: Approved by Consent Calendar Vote.
(MATTINGLY /HIX)
RECOMMENDATION: 1) Approve the completion of the design for the Water
Reclamation Facility Energy Efficiency Project at a cost of $517,000; 2)
Authorize the City Manager to execute a Work Order to complete the project
design, subject to contract review and approval as to form by the City Attorney;
and 3) Approve the transfer of $517,000.000 into the design phase of the
Water Reclamation Facility energy efficiency project account from the sewer fund
working capital.
ACTION: Approved by Consent Calendar Vote.
C5. BIENNIAL REVIEW OF ADVISORY BODY BYLAWS. (DIETRICK/KENNEDY
GRIMES)
Council Member Carpenter requested that Item C5, be pulled from the Consent
Calendar for deliberation.
Council Member Carpenter expressed his reservations at approving this item
before a more complete review of Advisory Body process in development review
is conducted. In addition, he did not support the Personnel Board hearing issues
of Council censure. He is not opposed to the incremental changes, but feels by
supporting these changes it will prolong addressing the Community Development
developmental review of advisory bodies in the streamlining process.
city council meetlnc, minutes Page 7
Tuesday, July 16, 2013
ACTION: Motion by Vice Mayor Smith / Council Member Christianson to
1) Adopt Resolution No. 10450 (2013 Series) amending various City advisory
body bylaws incorporating amendments recommended by the respective
advisory body, as well as by staff with amendments. 2) Adopt the July 2013
Advisory Body Handbook. Approval includes modifications as outlined in the
Council Memorandum as disseminated and grammar change suggested by
Council Member Carpenter. 3) Direct Staff to come back with a project plan and
timeline for an assessment regarding review of the role of Advisory Bodies with
regard to the streamlining process for development review.
C6.
Roll Call Vote: 4 —1 (Carpenter opposed) Motion Carried.
LAND USE ELEMENT UPDATE. (JOHNSON /MURRY)
RECOMMENDATION: Authorize an increase in the scope of work and a contract
amendment in an amount not to exceed $80,000 under an existing agreement
with Johnson Aviation in order to provide technical assistance with preparing an
Airport Land Use Plan chapter of the Land Use Element as part of the General
Plan Update.
1 ACTION: Approved by Consent Calendar Vote.
C7. RETROSPECTIVE DEPOSIT PAYMENT AND PAYMENT PLAN. (IRONS /
PADILLA)
RECOMMENDATION: 1) Accept a credit in the amount of $452,294 from the
California Joint Powers Insurance Authority ( CJPIA). 2) Authorize an initial
payment of $1,096,378 to the CJPIA for the retrospective deposit balance due
July 2013. 3) Direct staff to notify the CJPIA of the City's intent to participate in
a five installment payment plan with a fee of 1.990% on the remaining
retrospective deposit balance.
ACTION: Approved by Consent Calendar Vote.
C8. TAIT COMMUNICATIONS - RADIO SYSTEM MAINTENANCE AND SUPPORT
CONTRACT. (PADILLA/GUARDADO)
RECOMMENDATION: 1) Approve an agreement with Tait Communication, for a
two -year radio system maintenance services contract in the amount of
$52,736.00. 2) Authorize the City Manager to execute the maintenance and
1 support agreement with Tait Communications.
ACTION: Approved by Consent Calendar Vote.
city council meetmc, minutes
Tuesday, July 16, 2013
Page 8
C9. APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS FOR TRACT 2943 PHASE 1. 151 SUBURBAN ROAD
(TR 74 -07). (GRIGSBY /HANNULA/DOSTALEK)
RECOMMENDATION: 1) Adopt Resolution No. 10451 (2013 Series) approving
the Final Map for Tract 2943 Phase .1, 151 Suburban Road; and 2) Adopt
Resolution No. 10452 (2013 Series) accepting the public improvements and
certifying completion of the required private subdivision improvements for Tract
2943 Phase 1, 151 Suburban Road.
ACTION: Approved by Consent Calendar Vote.
PUBLIC HEARINGS AND BUSINESS ITEMS
PH1. REVIEW OF MOBILE FOOD VENDOR ORDINANCE. (JOHNSON /
DAVIDSON)
Mayor Marx announced item PH1, Review of Mobile Food Vendor Ordinance, has been
removed from this Agenda to a date uncertain for further legal review.
PH2. A RESOLUTION OF NECESSITY TO AUTHORIZE THE USE OF EMINENT
99821, AND CEQA FINDINGS. (GRIGSBY / DIETRICK / MANDEVILLE /
VISVESHWARA — 30 MINUTES)
Director of Public Works Daryl Grigsby, Principal Transportation Planner Peggy
Mandeville, and Assistant City Attorney Andrea Visveshwara, presented the report and
responded to Council questions.
Assistant City Attorney Visveshwara reviewed for Council what a vote for the proposed
resolution of necessity as modified by staff would mean.
• Authorizes the use of eminent domain to acquire the TCE
• Must be adopted by 4/5 of the Council
• Both the property owner and the business were provided with actual written
notice
City Clerk Grimes reported that no written requests to be heard were received from the
property owners.
city council meetinc minutes Page 9
Tuesday, July 16, 2013
Further, Assistant City Attorney Visveshwara the following points:
• Considered the staff report, its attachments, any written correspondence
received prior to the hearing and statements made during the course of the
hearing.
• The public interest and necessity require the Project
• The Project is planned or located in the manner that will be the most compatible
with the greatest public good and the least private injury.
• The taking of the TCE is necessary for the Project.
• The offer required by Gov. Code §7267.2 had been made to the owner of the
record.
Mayor Marx opened the public hearing.
No one spoke at this time.
Public Comments
—end of public comments—
Mayor Marx closed the public hearing.
ACTION: Motion by Council Member Ashbaugh / Council Member
1 Christianson to: 1) Adopt Resolution No. 10453 ( 2013 Series) of Necessity
(Attachment 1) (as modified by Staff) to acquire the Temporary Construction
Easement through eminent domain and make findings that the proposed
acquisition of property was analyzed in the adopted Mitigated Negative
Declaration for the project.
Roll Call Vote: 5 – 0 Motion Carried.
ACTION: Motion by Council Member Christianson / Vice Mayor Smith to 2)
Authorize the expenditure of $50,000 from the project account for legal counsel,
continued real estate services from Hamner, Jewell & Associates, the City's
approved on -call right -of -way agents, continued appraisal services from
Schenberger, Taylor, McCormick and Jecker, and continued engineering
services from Dokken Engineering for the purposes of commencing eminent
domain litigation and obtaining an order of possession.
Roll Call Vote: 5 – 0 Motion Carried.
ACTION: Motion by Council Member Ashbaugh / Council Member Carpenter
to 3) Authorize the deposit of probable compensation in the amount of $15,500
from the project account to the State of California as set forth in California Civil
Procedure Code section 1255.010, et seq. for eminent domain.
Roll Call Vote: 5 – 0 Motion Carried.
city council. meetmG minutes Page 10
Tuesday, July 16, 2013
B1. LOCAL REVENUE MEASURE ADVISORY COMMITTEE. (LICHTIG /
CODRON — 30 MINUTES)
Assistant City Manager Michael Codron, presented the report and responded to Council
questions.
Council reviewed staff recommended amendments to this item.
Proposed revision for wording to Resolution (Attachment 1)
Paragraph 7
WHEREAS, the composition of the Local Revenue Measure Advisory Committee
should be representative of the community interests with a requirement that
participants love in are residents of the City; and
SECTION 1. Local Revenue Measure Advisory Committee membership.
Membership shall be comprised of MPF66„Latiyes residents to be appointed by the
Council. The number of Committee members shall represent an odd number.
SECTION 5: The Term of the Local Revenue Measure Advisory Committee shall be
from the date of this resolution until FROGIRight on ApFil 16, 2014 the presentation of
the report, unless extended by the City Council.
Proposed revision for wording to the Local Revenue Measure Advisory Committee
Guidelines (Attachment 2)
1. Introduction
The advisory committee process is intended to be collaborative, involving a diverse
group of residents, iFiGlu.d:nn individual Fnem-hers Rnid sta Lehelder representative
who will share their viewpoints, levels of expertise and matters of concern.
5. Appointment Process and Membership Term
Composition: The composition of the committee shall be determined by the City
Council at the time of its creation, to ensure that specific community segments
and /or other interest groups are represented in the membership. Members who
currently serve on Advisory Bodies shall be eligible to serve on this committee. The
committee will be created by Council resolution.
Term of Office: The purpose of the Local Revenue Measure Advisory Committee is
limited in term to the presentation of a report in May 2914. The Council Resolution
appointing committee members will also establish the term of committee members.
6. Committee Operations
Meeting Procedure:
5) Meetings shall be facilitated by staff in a professional facilitator, who will work
with staff to ensure coordination of the substantial amount of information to be
presented with the presence of issue area experts on the related topics. 1
city council meetinc, minutes
Tuesday, July 16, 2013
Page 11
Staff was directed to search and replace any reference from Task Force to
Committee within the document.
Public Comments
No one spoke at this time.
—end of public comments—
Mayor Marx and Council Member Christianson along with Council Member Ashbaugh
expessed their support of Measure Y.
Council Member Carpenter expressed his opposition to going forward with the
expenditure of $30,000 for research.
Vice Mayor Smith expressed her opposition to this item if an outside facilitator is not used
for the Committee meetings as well as the community workshop.
Council Member Ashbaugh suggested adding the amount of $10,000 to cover the costs
of a facilitator. City Manager Lichtig indicated that if an amount was required in addition
to the $10,000, the City Manager has the authority to execute additional funds and would
report to Council.
1 ACTION: Motion by Council Member Ashbaugh / Council. Member
Christianson to: 1) Adopt Resolution No. 10454 (2013 Series) establishing the
Local Revenue Measure Advisory Committee (as amended); 2) Authorize the
City Manager to execute a contract with FM3 in an amount not to exceed
$30,000 for research services including the conduct a new scientific public
opinion survey; and 3) Appropriate $10,000 from the undesignated reserves for
the purpose of allowing for a facilitator for the process to be hired.
Roll Call Vote: 4 —1 (Carpenter opposed) Motion Carried.
COUNCIL LIAISON REPORTS AND COMMUNICATIONS
Liaison Reports:
The following reports were received:
Mayor Marx reviewed her written report and presented additional information to other
Members of the Council.
Council Member Christianson noted that she received correspondence from SLO
Community Choice Aggregation and would like staff to follow up on the correspondence.
city council meetmy minutes Page 12
Tuesday, July 16, 2013
City Manager Lichtig suggested that a study session on this item could be discussed in
late fall. Vice Mayor Smith stated she is not interested in a study session on this. Council
Member Ashbaugh stated his interest. Mayor Marx expressed her support of a study
session. There being a majority in agreement, Staff took direction to proceed with a study
session on Community Choice Aggregation.
Vice Mayor Smith reported on her recent visit with prior Council Member Andrew Carter in
his new position as City Administrator for the City of Guadalupe.
Council Member Ashbaugh presented an oral report of his activities since the last
meeting.
Announcements:
Mayor Marx announced that this would be the last meeting for City Clerk Maeve Kennedy
Grimes. Mayor Marx, Council Member Ashbaugh and City Manager Lichtig thanked her
for her service to the City of San Luis Obispo and wished her well as she returns to the
position of Clatsop County Clerk in Astoria,Oregon. Clerk Grimes expressed her
gratitude for Council and City Staff for their support during the past year and hopes that
the positive changes she and her staff have made will continue.
There being no further business to come before the City Council, Mayor Marx adjourned 1
the meeting at 8:45 p.m.
aeA� ve K nnedy Grimes
City Clerk
APPROVED BY COUNCIL: 08/20/13
1