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HomeMy WebLinkAbout05/17/2011MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 17, 2011 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 5:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, and Mayor Jan Marx Vice Mayor John Ashbaugh recused himself from the Closed Session item listed below and was absent during this portion of the Closed Session. Mr. Ashbaugh was in attendance at the conclusion of said item and was present.for the additional Closed Session item.. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002 -416 -034 and .002 - 416-029 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 topics. 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 CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002 -416 -034 and 002 -416 -029 Negotiating Parties: City of San Luis Obispo: Katie Lichtig, Michael Codron, J. Christine Dietrick, Claire Clark San Luis Obispo Court Street, LLC City Council Meeting Page 2 Tuesday, May 17, 2011 (aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer, Mark Rawson Negotiations: Direction as to terms of payment on Option to Purchase Real Property Agreement 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- adjourned at 6:50.p.m. 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 on May 11, 2011. No further reportable action was taken. City Attorney Dietrick reported that Council met in Closed Session to discuss Existing Litigation and Property Negotiations as indicated above. No further reportable action was taken. PRESENTATION Mayor Marx presented a proclamation to Jay Walter, Director of Public Works, and Carrie Mattingly, Director of Utilities, in recognition of National Public Works Week. Mayor Marx presented Utilities Director Mattingly an award honoring the Utilities Department. APPOINTMENT Al. APPOINTMENT TO THE. HOUSING AUTHORITY BOARD. ACTION: Moved by Carpenter /Carter to appoint Thomas Sherman as a Board Member to the Housing Authority Board for a term to begin on May 17, 2011, and expire on March 31, 2013; motion carried 5:0. City Council Meeting Tuesday, May 17, 2011 Page 3 PUBLIC COMMENT Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding the political process. Gary Fowler, San Luis Obispo, spoke about his concerns regarding Mayor Marx's past participation in a campaign committee. Jake Feldman, San Luis Obispo, spoke about his concerns regarding the Murray Street pedestrian median. By consensus, Council asked Mr. Feldman to contact Public Works Director Walter. Dr. Margaret Carman, spoke about her concerns regarding the installment of Smart Meters. Mayor Marx stated that should Council want to discuss adding this item to a future agenda it would need to be discussed during Council Communications at the end of the meeting. Barbara Hernandez, San Luis Obispo, spoke about her concerns regarding the installation of Smart Meters. Zach Harper, San Luis Obispo, spoke about his concerns regarding the services Charter Communications provides. Kevin Rice, San Luis Obispo, spoke about his concerns regarding the Agricultural Master Plan and Mayor Marx's past participation in a campaign committee. Mayor Marx stated that she stepped down as Vice President of CPR in 2008 and is not an officer of any non- profit at this time. CONSENT AGENDA By consensus Council agreed to pull the following items for further discussion: Items C1, C3, C7, C8 and C11 Public Comment: Item C3 Michalel Sheffer spoke in opposition to Item C3. Ellen Sheffer spoke in opposition to Item C3. City Council Meeting Page 4 Tuesday, May 17, 2011 John Grady, San Luis Obispo, spoke in opposition to Item 3 and suggested to reassess alternative curfew times. Kevin Rice, San Luis Obispo, spoke in opposition to Item C3 and suggested considering a lower age limit and alternative curfew times. Item C8 Dave Romero, San Luis Obispo, spoke about his concems regarding the changes to the Master Plan and the Johnson Avenue underpass stripping project. Jody Frey, San Luis Obispo, spoke in opposition to Item C8. Item C11 Kristine Tardiff, San Luis Obispo, spoke in support of Item C11. Laura C. Lehmann, San Luis Obispo — President of Friends of the Library, spoke in support of Item C11. Mike Sherrod, RRM Design, spoke in support of Item C11 and the art at the Skate Park. C1. MINUTES. ACTION: Moved by Ashbaugh /Smith to waive oral reading and approve as-presented; motion carried 5:0. C2. COOPERATION AGREEMENT-WITH THE COUNTY OF SAN LUIS_OBISP_O REGARDING CITY PARTICIPATION IN THE URBAN COUNTY COMMUNITY DEVELOPMENT_ BLOCK GRANT FEDERAL PROGRAM FOR FISCAL YEARS ACTION: Moved by Ashbaugh /Smith to adopt Resolution No. 10262 (2011 Series) approving the Cooperation Agreement with the County of San Luis Obispo for participation in the Urban County federal grant program for fiscal years 2012 -2014; motion carried 5:0. C3. FINAL ADOPTION OF CURFEW ORDINANCE. Council Member Carpenter stated his concerns with the proposed nighttime curfew for minors. Council Member Smith stated her concerns with the proposed fines. Council discussion ensued during which they discussed lowering the age of the minors and modifying the penalties. City Council Meeting Page 5 Tuesday, May 17, 2011 ACTION: Moved by Ashbaugh /Carter . to re- introduce Ordinance No. 1562 (2011 Series ) as amended to include minors 15 years old and younger and modified penalties for violations (3:2, Carpenter /Smith opposed). C4. UTILITIES DEPARTMENT COMPUTERIZED MAINTENANCE MANAGEMENT ACTION: Moved by Ashbaugh /Smith to: 1) Approve a Request for Proposals for a Computerized Maintenance Management and Asset Management System for Utilities Department, authorize soliciting requests for proposals and authorize the contract award by the City Manager if the selected proposal is within the available budget of $265,000. 2) Authorize the use and transfer of $120,000 from previously identified Utilities Department water fund general carryover, $120,000 from the sewer fund completed capital improvement plan project account, and $25,000 in available general carryover from the general fund to the Utilities Computerized Maintenance Management and Asset Management System project specific account; motion carried 5:0. C5. REQUEST FOR QUALIFICATIONS FOR RIGHT -OF -WAY ACQUISITION SERVICES. SPECIFICATION NO. 91083. ACTION: Moved by Ashbaugh /Smith to: 1) Approve the Request for Qualifications for Right -of -Way Acquisition Services and authorize staff to solicit responses; 2) Authorize the City Manager to execute an agreement with the top selected consultant or consultants; and 3) Authorize the Finance Manager to execute purchase orders and amendments for individual Right -of -Way service contracts where funding is available in the project account for those services; motion carried 5:0. C6. WATER RECLAMATION FACILITY (WRF) DIGESTER #1 CLEANING AND MAINTENANCE PROJECT. SPECIFICATION NO. 91066. ACTION: Moved by Ashbaugh /Smith to: 1) Approve the plans and specifications for Water Reclamation Facility: Digester 1 Cleaning and Maintenance Project, Specification No. 91066 and authorize staff to advertise for bids. 2) Authorize the City Manager to award the contract if the lowest responsible bid is within Engineer's Estimate of $215,000; motion carried 5:0. C7. DOWNTOWN ASSOCIATION AGREEMENT RENEWAL. Vice Mayor Ashbaugh recused himself and .left the Council Chamber ACTION: Moved by Carter /Smith to approve an agreement with the San Luis Obispo Downtown Association (SLODA) for provision of services to the City and authorize the Mayor to execute the two -year agreement; motion carried 4:0; (Ashbaugh recused). C8. PISMO /BUCHON NEIGHBORHOOD TRAFFIC MANAGEMENT MEASURE Y PROJECT SPECIFICATION NO. 91084. City Council Meeting Tuesday, May 17, 2011 Page 6 Council discussion ensued during which they discussed timing of construction, neighborhood input and traffic concerns. ACTION: Moved by Carter /Ashbaugh to: 1) Approve plans and specifications for construction of the Pismo /Buchon Neighborhood Traffic Management project, Specification No. 91084. 2) Authorize staff to advertise forbids and the City Manager to award the contract if the lowest responsible bidder is under the Engineer's Estimate of $463,800; motion carried 5:0. C9. 2011 OFFICE OF COMMUNITY ORIE FARING PROGRAM GRANT APPLICi ACTION: Moved by Ashbaugh /Smith to: 1) Authorize staff to submit an application for a 2011 Federal Community Oriented Policing Services (COPS) Hiring Program Grant application in the amount of $814,511 to fund two entry-level police officer positions for three years. 2) If grant funding is awarded, authorize the City Manager to execute all necessary grant documents; motion carried 5:0. C10. WATERLINE REPLACEMENTS 2010-2011. -SPECIFICATION NO. 90936. ACTION: Moved by Ashbaugh /Smith to: 1) Award a contract to D -KAL Engineering, Inc. in the amount of $916,786.50 for the Waterline Replacements 2010 -2011 Project, Specification No. 90936. 2) Approve a transfer of $1,057,287 from the Water Distribution System Improvements Master Account to this project's account; motion carried 5:0. C11. APPROVAL OF ADDITIONAL PUBLIC ART PROJECTS FOR 2009 -11. Council discussion ensued during which they discussed the use and purchase of Pads. ACTION: Moved by Ashbaugh /Smith to approve four additional public art projects and one equipment purchase for a total expenditure of $95,500 of unallocated public art funds from the 2009 -11 Financial Plan; motion carried 4:1, Carter opposed. BUSINESS ITEMS 1. AUGUST 30, 2011, SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION. City Clerk Cano presented the agenda report and responded to questions. Public Comments Lauren Brown, San Luis Obispo, Co -Chair for Citizens of San Luis Obispo, spoke in support of staffs recommendation. City Council Meeting Page 7 Tuesday, May 17, 2011 Jody Frey, San Luis Obispo, spoke in opposition to staff's recommnedation due to the cost to conduct an election and requested more information regarding the ballot measures. Leslie Halls, San Luis Obispo, spoke in support of staffs recommendation and stated her concerns regarding use of City resources to support or oppose the ballot measures. - - -end of public comments— City Attorney Dietrick stated that staff is not permitted to engage in express advocacy. either in support or opposition to any ballot. measures. In addition, Ms. Dietrick explained that it is a permitted expenditure for Council and staff to provide education and informational material to the public so long as that material is not advocacy. Vice Mayor Ashbaugh spoke in opposition to staff's recommendation due to the cost of holding an election. ACTION: Moved by Carter /Carpenter to: 1) Adopt Resolution No. 10263 (2011 Series) calling for, and giving notice of a Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, and requesting that the San Luis Obispo County Board of Supervisors permit the County Elections Official to conduct the August 30, 2011, Special All Mailed Ballot Municipal Election. 2) Appropriate funds from the unreserved General Fund Reserve up to $110,000, for assistance in the conduct of a special election; motion carried 4:1, Ashbaugh opposed. Council recessed at 9:00 p.m. and reconvened at 9:15 p.m. with all members present. 2. CHARTER AMENDMENT AND REPEAL MEASURES FOR AUGUST 30, 2011, ALL MIAILED.BALLOT SPECIAL MUNICIPAL ELECTION. City Attorney Dietrick presented the agenda report and responded to questions. Public Comments The following speakers spoke in support of placing the two proposed Charter Amendments on the August 30, 2011, ballot. Dan Hinz, San Luis Obispo John Grady, San Luis Obispo Dave Romero, San Luis Obispo Ron Malak, San Luis Obispo Annie Malak, San Luis Obispo Lauren Brown,. San Luis Obispo Tim Williams. San Luis_Obisao April Strong, San Luis Obispo, Co -Chair Citizens for SLO John Ewan, San Luis Obispo, Co -Chair Citizens for SLO City Council Meeting Tuesday, May 17, 2011 Page 8 Ermina Karim, San Luis Obispo Chamber of Commerce Jody Frey, San Luis Obispo, spoke in opposition to staffs recommendation. - - -end of public comments - -- Council discussion ensued during which they discussed the importance voter education regarding the proposed ballot measures, support for collective bargaining with employee groups and citizen involvement. ACTION: Moved by Carter /Carpenter to adopt Resolution. No. 10264 (2011 Series), as amended that will: Submit to the voters of the City of San Luis Obispo, at an All Mailed Ballot Special Municipal Election to be held on August 30, 2011, a proposed Charter amendment that would amend Charter Section 1105 ( "Retirement ") to provide that the City Council may terminate the City's contract with the California Public Employees' Retirement System (CaIPERS), or amend or negotiate another contract, to provide improved or reduced employee retirement benefits, without voter approval, but only in accordance with state law and as permitted by the Board of Administration of the Public Employees Retirement System; (5:0). Vice Mayor Ashbaugh stated his concerns regarding the proposed language repealing in its entirety Section 1107 ( "Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters. Association, IAFF Local 3523, Employee Disputes') of the Charter of the City of San Luis Obispo. ACTION: Moved by Smith /Carpenter to adopt Resolution No. .10265 (2011 Series), as amended that will: Submit to the voters of.the City of San Luis Obispo, at an All Mailed Ballot Special Municipal Election to be held on August 30, 2011, a proposed measure repealing in its entirety Section 1107 ( "Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") of the Charter of the City of San Luis Obispo; (4:1 Ashbaugh opposed). ACTION: Moved by Carter /Marx to set priorities for filing written arguments regarding the City measures and direct the City Attorney to prepare an impartial analysis; (5:0). ACTION: Moved by Smith /Carter to appoint an ad hoc committee consisting of Mayor Marx and Council Member Carter to prepare and submit ballot arguments and rebuttal arguments, and have the authority to get up to three additional signatures; (5:0). 3. WATER RECLAMATION FACILITY MASTER PLAN. Utilities Director Mattingly introduced this item, following which Wastewater Division Manager Hix presented the agenda report and responded to questions. . City Council Meeting Page 9 Tuesday, May 17, 2011 Public Comments There were no public comments. - - -end of public comments --- ACTION: Council received and filed the report. 4. REVIEW OF CITY CONTRACT WITH SAN LUIS OBISPO COUNTY PUBL ACCESS ( SLOCOPA) AND CONSIDERATION OF ALTERNATIVE MODE FOR THE USE OF PUB_ LIC, EDUCATION AND GOVERNMENT (PEG) FUNDING. Assistant City Manager Codron presented the agenda report and responded to questions. Public Comments There was no public comment. —end of public comments — Council discussion ensued during which they discussed other possible non - profit groups that would be interested in managing the public access station. ACTION: Moved by Carpenter /Ashbaugh to: 1) Adopt Resolution No. 10266 (2011 Series ) a directing staff to provide thirty days notice of termination of the City's existing contract with SLOCOPA due to misappropriation of public funds. 2) Direct staff to return to the City Council with updated Operating Plans for PEG channels, and a resolution reallocating PEG funding to the education and government channels that is consistent with the updated Operating Plans; motion carried 5:0. COUNCIL LIAISON REPORTS Vice Mayor Ashbaugh reported on his attendance at the IWMA meeting. COMMUNICATIONS Mayor Marx stated her intention to send a letter to the Public Utilities Commission regarding SmartMeters consistent with a letter sent by the County Board of Supervisors. Mayor Marx inquired whether other Council Members wished to have further discussion regarding the SmartMeter issue placed on a future agenda. There was no consensus to place the matter on a future agenda and Council concurred that the Mayor could proceed at her discretion. City Council Meeting Tuesday, May 17, 2011 Page 10 There being no further business to come before the City Council, Mayor_ Marx adjourned the meeting at 11:31 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL 07/19/11 C