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HomeMy WebLinkAbout07/05/2011, C1 - MINUTES LITEM ING DATE: July 5, 2011 MINUTES NUMBER: C1 MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 3, 2011 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 6:30 P.M. —SPECIAL MEETING—COUNCIL HEARING ROOM ROLL CALL: Council Members Present, Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice Mayor John Ashbaugh, and Mayor Jan Mark City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, 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_TOPIC City Attorney Dietrick announced the following Closed Session topic. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 (a) Secrest v. City of San Luis Obispo San Luis Obispo County Superior Court Case No. CV 060225 PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Marx called for public comments. None were 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. DRAFT C1 - 1 City Council Meeting C Page 2 Tuesday, May 3, 2011 7:00 P.M. REGULAR MEETING—COUNCIL CHAMBER Mayor Marx called the regular meeting to order at 7:00 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietrick reported that Council met in Closed Session to discuss Existing Litigation as indicated above. No further reportable action was taken. PRESENTATIONS Mayor Marx presented a proclamation to Rabbi Scott Corngold in honor of "Days of Remembrance" in honor of the Victims of the Holocaust, the survivors, the rescuers, and the liberators. Mayor Marx presented a proclamation to City Clerk, Elaina Cano, to celebrate the centennial of the City of San Luis Obispo's Charter. Mayor Marx presented a proclamation to Brittany Garcia, San Luis Obispo County Visitors and Conference Bureau Board Member, in honor of"National Tourism Month." San Luis Obispo County District 2 Supervisor, Bruce Gibson, gave a presentation to the City Council. Council expressed their appreciation to Mr. Gibson. Presentations were given by PG&E and the Electromagnetic Fields (EMF)Safety Network on Smart Meters. Judy Vick, EMF, made a presentation regarding Smart Meters. Patricia Wilmore, PG&E Government Relations, made a presentation regarding Smart Meters. Utilities Director Mattingly explained the "opt out" option. PUBLIC COMMENT Dr. Martin Meltz, Shell.Beach, spoke about the International Institute of Electrical and Electronic Engineers guidelines and process for establishing standards. Ruth Holden, San Luis Obispo, spoke of her concerns regarding Smart Meters. Dr. Margaret Carman, San Luis Obispo, spoke of her concerns regarding Smart Meters. DRAFT C1 - 2 City Council Meeting Page 3 Tuesday, May 3, 2011 Kierstina Agne, Arroyo Grande, spoke of her concerns regarding Smart Meters. Riggs Hohmann, North County, spoke of his concerns regarding Smart Meters. David Hafemeister, San Luis Obispo, spoke of his concerns regarding Smart Meters. Richard Kranzdorf, San Luis Obispo, spoke in support of a moratorium on the Smart Meters and suggested Council take additional time to evaluate the City's stance on the use of Smart Meters. Daniela Amon, San Luis Obispo, spoke in support of a moratorium on the Smart Meters. Dawn Tomastik, San Luis Obispo, spoke of her concerns regarding Smart Meters. Josh Friedman, San Luis Obispo — Mustang Daily, announced that a Cal Poly journalism class was in attendance. Gary Fowler, San Luis Obispo, spoke about the proposed budget amendments and spoke in support for additional staffing in the City Clerk's office. Allan Cooper, San Luis Obispo, commended participants in the Downtown Awareness Walk. Dawn Wright, Los Osos, spoke about her concerns regarding a situation with a City transit bus. City Manager Lichtig stated that Assistant City Manager Codron and Public Works Director Walter will speak to Ms. Wright regarding her concerns. Dr. Steve Hansen, San Luis Obispo, spoke. about the anniversary of the smoking ordinance. Donald E. Hedrick-San Luis.Obisr)o, spoke about his concerns regarding obtaining a booth at Farmer's Market and other issues during the November 2010 election. CONSENT AGENDA By Council consensus, Item C6 was pulled forfurther discussion. Vice Mayor Ashbaugh stated his opposition to item C12. Public Comment on Item C2: Jody Frey, San Luis Obispo, spoke in support of staff's recommendation. Public Comment on Item C6: DRAFT C1 - 3 I� City Council Meeting Page 4 Tuesday, May 3, 2011 Hamish Marshall, San Luis Obispo, requested having the entire property added in the Mill's Act. Public Comment on Item C8: Bill Walter, San Luis Obispo, spoke in support of the phase 2 improvements and also about his concerns regarding phase 1. Jim Gann-,Arroyo Grande, spoke about his concerns regarding the underground drainage system and stated his support for the proposed improvements. Steve Secrest, San Luis Obispo, spoke in support of phase 1 of the project. Jeanne Secrest, San Luis Obispo, spoke in support of proceeding with phase 1 and expressed concern regarding the delay of phase 2. John Schroeder, San Luis Obispo, spoke in support of proceeding with phase 1. Dave Romero, San Luis Obispo, spoke in support of staffs recommendation. David Moore, San Luis Obispo, spoke in support of staffs recommendation. Dr. Christophe Le Renard, San Luis Obispo, spoke about his concern regarding the overflow for the Andrews Street runoff. C1. MINUTES. ACTION: Moved by Ashbaugh/Carpenter to waive oral reading and approve as amended; motion carred 5:0. C2. MARSH STREET BRIDGE REPAIR, SPECIFICATION.NO. 90480. ACTION: Moved by Ashbau-h/Caryenter to reallocate design and construction funding from the Chorro Street Bridge Rehabilitation project to Marsh Street Bridge Repair, Specification No. 90480; motion carried 5:0. C3. MICROSURFACING SUMMER 2011 MEASURE Y PROJECT, SPECIFICATION NO. 91041 AND STREET RECONSTRUCTION SUMMER 2011 MEASURE Y PROJECT, SPECIFICATION NO. 91040. ACTION: Moved by Ashbaugh/Carpenter to: 1) Approve plans and specifications for the Microsurfacing Summer 2011 Project, Specification No. 91041; 2) Approve plans and specifications forthe Street Reconstruction Summer 2011 Project, Specification No. 91040; 3) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid for the Microsurfacing Summer 2011 Project is within the Engineer's Estimate of$940,000; and 4)Authorize staff to advertise for bids DRAFT C1 - 4 City Council Meeting �- ° Page 5 Tuesday, May 3, 2011 and authorize the City Manager to award the contract if the lowest responsible bid for the Street Reconstruction Summer 2011 Project is within the Engineer's Estimate of $1,245,400; motion carried 5:0. C4. HIGHLAND STORM DRAIN REPAIR AND REPLACEMENT, SPECIFICATION NO. 91035. ACTION: Moved by Ashbaugh/Carpenter to: 1) Approve plans and specifications for the Highland Storm Drain Repair and Replacement Project, a Measure Y- %Z cent sales tax funded project, Specification No. 91035. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineers Estimate of$355,000, motion carried 5:0. C5. MILLS ACT CONTRACT FOR THE.HISTORIC CHARLES JOHN KELLY HOUSE (CHCMA 4-11). ACTION: Moved by Ashbaugh/Carpenter, as recommended by the Cultural Heritage Committee (CHC), to adopt Resolution No. 10258 (2011 Series) approving a Mills Act contract for the historic Charles John Kelly house located at 1352 Pacific Street; motion carried 5:0. C6. MILLS ACT CONTRACT FOR THE HISTORIC CHANNEL COMMERCIAL WHOLESALE COMPANY BUILDING(CHCMA 123-10). Council Member Carter stated his concerns with granting Mills Act contracts to commercial properties, the impact on San Luis Coastal Unified School District and property taxes. ACTION: Moved by Smith/Ashbaugh, as recommended by the Cultural Heritage Committee (CHC), to adopt Resolution No. 10259 (2011 Series) approving a Mills Act contract for the historic Channel Commercial Wholesale Company building located at 1880 Santa Barbara Avenue; motion carried 4:1 (Carter opposed).. C7. MILLS ACT CONTRACT FOR THE HISTORIC LOUISIANA CLAYTON DART HOUSE (CHCMA 11-11). ACTION: Moved by Ashbaugh/Carpenter, as recommended by the Cultural Heritage Committee (CHC), to adopt Resolution No. 10260 (2011 Series) approving a Mills Act contract for the historic Louisiana Clayton Dart house located at 1318 Pacific Street (CHCMA 11-11); motion carried 5:0. C8. ANDREWS CREEK PHASE.II IMPROVEMENTS 1A AND 2B. SPECIFICATION NO. 90562A. ACTION: Moved by Ashbaugh/Carpenter to: 1) Approve plans and specifications for the Andrews Creek Phase II Improvements 1A and 2B Project, a Measure Y-'/z cent DRAFT C1 - 5 City Council Meeting Page 6 Tuesday, May 3, 2011 sales tax funded project, Specification No. 90562A. 2).Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of$320,000; motion carred 5:0. C9. GRAND AVENUE/HIGHWAY 101 TRAFFIC SIGNAL INSTALLATION, SPECIFICATION NO. 90876. ACTION: Moved by Ashbaugh/Carpenterto: 1) Approve the plans and specifications for the Grand Avenue/Highway 101 Traffic Signal project, Specification No. 90876. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of$225,000; motion carried 5:0. C10. SANTA ROSA PARK RESTROOM REPLACEMENT PROJECT, SPECIFICATION NO. 90923. ACTION: Moved by Ashbaugh/Carpenter to award contract to Nick E. Pokrajac Inc. of Templeton, Califomia, in the amount of$293,074.04 for Santa Rosa Paris Restroom Replacement; Specification No. 90923, and authorize the Mayor to execute the agreement; motion carried 5:0. C11. REGULATORY AND LEGAL SERVICES RELATED TO SAN LUIS OBISPO CREEK WATER QUALITY REGULATIONS. ACTION: Moved by Ashbaugh/Carpenter to: 1) Approve an agreement with Larry Walker Associates for completion of the Municipal and Domestic beneficial use Use Attainability Analysis and development of a draft trihalomethane site specific objective for an amount not to exceed $141,200; 2) Approve funding for Somach, Simmons & Dunn for legal services related to water quality regulations for an amount not to exceed $50,700; and 3)Authorize the use and transfer of$115,900 from the sewer fund general carryover account to the wastewater administration contract services account to fund these consulting services; motion carried 5:0. C12. ORDINANCE AMENDING THE ZONING MAP FOR PROPERTIES LOCATED AT 1445, 1443 AND 1433 CALLE JOAQUIN (R 70-10). ACTION: Moved by Carter/Smith to adopt Ordinance No. 1561 (2011 Series), which amends the zoning designation from Tourist-Commercial (C-T) to Service-Commercial with Special Considerations overlay zone (C-S-S) for the properties located at 1445, 1443 and 1433 Calle Joaquin; motion carried 4:1, Ashbaugh opposed. C13. INFORMATION TECHNOLOGY 2011-16 STRATEGIC PLAN. ACTION: Moved by Ashbaugh/Carpenterto award a contract to NexLevel Information Technology, Inc. for consultant services for a five-year Information Technology (IT) DRAFT C1 - 6 City Council Meeting Page 7 Tuesday, May 3, 2011 Strategic Plan and authorize the City Manager to execute the contract totaling $34,780; motion carried 5:0. C14. RESOLUTION OF INTENTION.TO APPROVE A FRANCHISE AGREEMENT WITH CONOCO-PHILLIPS PIPELINE COMPANY FOR PIPELINES LOCATED WITHIN THE CITY'S RIGHT-OF-WAY. ACTION: Moved by Ashbaugh/Carpenter to adopt Resolution No. 10261 (2011 Series) to approve a franchise agreement with Conoco-Phillips and schedule a public hearing on June 7, 2011, to allow for public comment on the agreement; motion carried 5`.0. Council recessed at 9:23 p.m. and reconvened at 9:35 p.m. BUSINESS ITEMS 1. INTRODUCTION OF NIGHTTIME CURFEW ORDINANCE. Chief of Police Linden introduced this item, following which Patrol Sergeant Gillham presented the agenda report and responded to Council questions. Public Comments Michael Sheffer, San Luis Obispo, spoke about his concerns and opposition to the imposed curfew. Peter Lee, San Luis Obispo, spoke in opposition to the proposed curfew. Roberta Fischer, San Luis Obispo, spoke in opposition to the proposed curfew. Kevin Rice, San Luis Obispo, spoke in opposition to the proposed curfew. Phil Angel, San Luis Obispo, spoke in support of staffs recommendation. Sandra Rowley, San Luis Obispo, spoke in support of staffs recommendation. —end of public comments— Council Member Smith stated her concerns with the proposed fines. Council Member Carpenter stated his concerns with the proposed nighttime curfew for minors. Moved by Ashbaugh/Marx to introduce an ordinance adding Chapter 9.50 to the San Luis Obispo Municipal Code prohibiting minors under 18 years of age from being in public places from 11:00 p.m. to 5:00 a.m. Sunday-Thursday and midnight to 5:00 a.m. on Friday and Saturday unless engaged in certain types of activities (Nighttime Curfew); DRAFT C1 - 7 City Council Meeting C Page 8 Tuesday, May 3, 2011 and eliminate the $100 fine for the first offense for minors.and require community service; motion failed 2:3, (Carpenter/Carter/Smith opposed). ACTION: Moved by Carter/Marx to introduce Ordinance No. 1562 (2011 Series) adding Chapter 9.50 to the San Luis Obispo Municipal Code prohibiting minors under 18 years of age from being in public places from 11:00 p.m. to 5:00 a.m. Sunday-Thursday and midnight to 5:00 a.m. on Friday and Saturday unless engaged in certain types of activities (Nighttime Curfew); motion carried 3:2; (Carpenter/Smith opposed). 2. NEIGHBORHOOD WELLNESS MAJOR CITY GOAL. Community Development Director Mandeville and Police Chief Linden introduced this item and presented the agenda report and responded to questions. Public Comments Brett Cross, San Luis Obispo - RQN, suggested moving the Neighborhood Services Manager position from the Police Department to the Community Development Department. Sandra Rowley, San Luis Obispo- RQN, spoke about the Neighborhood Services Team. —end of public comments— Council Member Carpenter spoke in support of RQN's proposal as mentioned under public comments and stated that he prefers more resources for enforcement. Mr. Carpenter also suggested discontinuing the SNAP program. Council Member Smith spoke in support of increased neighborhood outreach, moving the Neighborhood Services Manager position to the Community Development Department, and completing the process as quickly as possible. Council discussion ensued during which they made comments regarding education, enforcement and outreach of the Neighborhood Wellness program. Moved by Smith to review the revised Neighborhood Wellness Major City Goal work program for inclusion in the 2011-2013 Financial Plan and to move the Neighborhood Services Manager position from the Police Department to the Community Development Department; motion failed for lack of second. Moved by Carter/Marx to review the revised Neighborhood Wellness Major City Goal work program for inclusion in the 2011-2013 Financial Plan and provide direction to staff if modifications; motion failed 2:3; (Ashbaugh/Carpenter/Smith opposed). ACTION: Moved by Ashbaugh/Carter to include the revised Neighborhood Wellness Major City Goal work program in the 2011-2013 Financial Plan and expand efforts to DRAFT C1 - 8 City Council Meeting ` Page 9 Tuesday, May 3, 2011 coordinate Neighborhood Services program collaboration with stake holders and across department lines; motion carried 3:2; (Carpenter/Smith opposed). 3. RAILROAD SAFETY TRAIL AND PREFUMO CREEK BRIDGE PROJECT UPDATES. Director of Public Works Walter introduced this item, following which Principal Transportation Planner Mandeville and Senior Civil Engineer Van Beveren presented the agenda report. Public Comments Jody Frey, San Luis Obispo, submitted a speaker card but was not in attendance. ---end of public comments-- ACTION: Moved by Ashbaugh/Carpenter to direct staff to continue its efforts on the altemative alignment designs for the Railroad Safety Trail, pursing approval from the State of California and utilizing City right-of-way where possible; motion carried 5:0. ACTION: Moved by Carter/ Smith to direct staff to begin preparation of plans and specifications for the Los Osos Valley Road alternative for the Prefumo Creek.Bridge Safe Route to School project; motion carried 4:1 (Ashbaugh opposed). Vice Mayor Ashbaugh stated his opposition to the motion due to his concerns regarding the loss of the landscaping with the completion of the project and the safety of the school children. 4. UTILITIES DEPARTMENT STRATEGIC LONG-RANGE PLAN. Utilities Director Mattingly introduced this item and presented the agenda report and responded to questions. Public Comments —end of public comments-- ACTION: Council received and filed; motion carried 5:0. COUNCIL LIAISON REPORTS Mayor Marx reported on her attendance at the Whale Rock Commission, Regional Transportation Agency and SLOCOG subcommittee meetings. DRAFT C1 - 9 City Council Meeting - Page 10 Tuesday, May 3, 2011 COMMUNICATIONS Mayor Manx reported that on May 5t' she will be doing an outreach at Cal Poly regarding student input on Uptown San Luis Obispo. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 12:00 a.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: xx/xx/11 DRAFT C1 - 10 MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MAY 11, 2011 - 9:00 A.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL-CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice Mayor John Ashbaugh, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, 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 SESSIONJOPICS City Attorney Dietrick announced the following Closed Session topics. PUBLIC EMPLOYEE DISCIPLINE Pursuant to Government Code § 54957 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Irons Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA) Police Staff Officers' Association (SLOPSOA), Fire Battalion Chiefs' Association and San Luis Obispo City Firefighters, Local 3523 Unrepresented Employees: Confidential Employees, Unrepresented Management Employees CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 (a) San Luis Obispo Police Officers Association v. City of San Luis Obispo San Luis Obispo Superior Court Case No. CV110267 PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Marx called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. DRAFT C1 - 11 City Council Meeting - Page 2 Wednesday, May 11, 2011 There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:30 a.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: xx/xx/11 DRAFT C1 - 12