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HomeMy WebLinkAbout09/20/2011City Council Meeting Tuesday, September 20, 2011 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 CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (c) One (1) potential case, CBS Outdoor Incorporated Page 2 CONFERENCE WITH LEGAL COUNSEL_ — Existing Litigation Pursuant to Government Code § 54956.9 (a) McDow, Daniel v City of San Luis Obispo Workers' Compensation Appeals Board No. ADJ7291309; ADJ863003; ADJ7805748 PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Marx called for public comments. Arnold Jonas, San Luis Obispo, spoke about his concerns regarding the CBS Outdoor Incorporation billboard and suggested removal of the billboard in question. Andrew Merriam, San Luis Obispo, concurred with Mr. Jonas' comments. ADJOURN TO CLOSED SESSION Vice Mayor Ashbaugh joined the Closed Session at 5:50 p.m. 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 6:45 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 to discuss Real Property Negotiations, Existing Litigation, and Anticipated Litigation. No further reportable action was taken. 1 1 City Council Meeting Page 3 Tuesday, September 20, 2011 PRESENTATIONS Mayor Marx presented a proclamation to Major Nicole Balliet, Commander, Camp San Luis Obispo, for Employer Support of the Guard and Reserve. Mayor Marx presented a proclamation in honor of World Habitat Day to Julia Ogden, Director, Habitat for Humanity for San Luis Obispo. PUBLIC COMMENT Gary Fowler, San Luis Obispo, spoke about his concerns with the plastic and paper bag, public notices and suggested Cold Canyon Landfill and IWMA. continue to recycle the plastic bags. Derek Bishop, San Luis Obispo, spoke about his concerns regarding an ad placed by the Police Department in the Mustang Daily referring to the noise ordinance. Curtis Reinhardt, Director of the Railroad .Festival, informed the Council of the upcoming Central Coast Railroad Festival. Donald E. Hedrick; San Luis Obispo, spoke in support of the recycling program. Kevin Rice, San Luis Obispo, spoke about Coastal Cleanup Day and his concerns regarding the air pollution report connected to off road activities at the Oceano Dunes. Jody Frey, San Luis .Obispo, spoke in opposition to the Garden Street Terraces and Chinatown project and of her concerns regarding the smoking ban. Dr. Will Powers, San Luis Obispo, spoke about his concerns regarding staff in the Public Works Department and the street paving project on Johnson Avenue. . City Manager Lichtig responded to public comments regarding the street paving project and assured Council that analysis was conducted and is available upon request. CONSENT AGENDA Council Comments: Vice Mayor Ashbaugh made comments regarding Items C2, and C4. Police Chief Linden responded to the Vice Mayor's question regarding Item C2. Mayor Marx made. comments regarding Items C6 and C8. Public Comment: City Council Meeting Tuesday, September 20, 2011 Item C8 Page 4 Tim Williams, San Luis Obispo, Digit West, spoke in support of staffs recommendation. Jane Maxwell, Rotary Club, San Luis Obispo, spoke in support of Item C6 C1. MINUTES. ACTION: Moved by Carter /Smith to waive oral reading and approve as presented; motion carried 5:0. C2. PUBLIC SAFETY SERVER REPLACEMENT: ACTION: Moved by Carter /Smith to award a contract to Solutions II in the amount of $265,284 for the replacement of the public safety computer -aided dispatch and records management system servers; motion carried 5:0. C3. SEWERLINE_REPLACEMENT 2009 -10, SPECIFICATION NO. 90916. ACTION: Moved�by Carter /Smith to: 1) Approve the plans and specifications for the Sewerline Replacements 2009 -10 project, Specification No. 90916; and 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 $1,120,000; motion carried . 5:0. C4. UTILITY USERS TAX. COMPLIANCE AND REVENUE PROTECTION PROGRAM. ACTION: Moved by Carter /Smith to approve a contract with MuniServices, LLC ( "MuniServices ") and Donald H. Maynor, A Professional Law Corporation ( "Donald Maynor ") to perform Utility Users Tax (UUT) compliance and revenue protection services; motion carried 5:0. C5. FEDERAL ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION FOR 2011. ACTION: Moved by Carter /Smith to: 1) Authorize staff to submit a grant application for an estimated $65,000 to the Federal Assistance to Firefighters Grant Program to fund Thermal Imaging Cameras (TIC's) for fire suppression personnel; and 2) If grant is awarded, authorize the City Manager to accept and appropriate the funds to Fire Department Operating Material and Supplies; motion carried 5:0. C6. NAMING OF THE RAILROAD SAFETY_ TRAIL PHASE 4A IN RECOGNITION ROTARY CLUB AND OTHER DONORS. fi City Council Meeting Page 5 Tuesday, September 20, 2011 ACTION: Moved by Carter /Smith, as recommended by the Parks and Recreation Commission, to approve naming the section of the Railroad Safety Trail from the Cal Poly /City limit to Foothill Boulevard, the "Rotary Conner - Cletsoway Link of the Railroad Safety Trail "; motion carried 5:0 C7. ACTION: Moved by Carter /Smith to: 1) Approve the Cal Poly contribution schedules and scope of transit services for the Cal Poly Subsidy Program; and 2) Adopt Resolution No. 10300 (2011 Series) authorizing the City Manager to execute the agreement between the City and Cal Poly, and approve any amendments during the term of the agreement; motion carried 5:0. C8. CITY COMMUNICATIONS CONDUIT. AGREEMENT. ACTION: Moved by Carter /Smith to approve agreement with Digital West Networks, Inc. for.use of City communications conduit in exchange for labor involved with completion of a redundant City fiber loop and for other in -kind consideration as specified.; motion carried 5:0. PUBLIC HEARING 1. EXPENDITURE PLAN FOR 2011 -12 CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. Chief of Police Linden presented the agenda report and responded to Council questions. Mayor Marx opened the public hearing. There was no public comment. Mayor Marx closed the public hearing. ACTION: Moved by Smith /Ashbaugh to adopt Resolution No. 10301 (20.11 Series) approving an expenditure plan for $100,000 from the 2011-12 California Supplemental Law Enforcement Services Fund (SLESF) to continue funding the salary and benefits for a Police Department Communications Technician; motion carried 5:0. 2. LAND k BUSINESS ITEM 91138. NMENTALIMPACT ESS INCLU City Council Meeting Page 6 Tuesday, September 20, 2011 Community Development _ Deputy_ Director Murry presented the agenda report and responded to Council questions. Public Comments Amy Lopez, San Luis Obispo, spoke in support of staff's recommendation —end of public comments— Council. discussion ensued during which they spoke in support of staff's recommendation and the assistance of Cal Poly's Graduate Program. ACTION: Moved by Carpenter /Smith to:. 1) Approve the work scope for the General Plan update, process including the fiscal analysis and EIR consultant services in connection. with the Land Use and Circulation Elements update project and authorize staff to proceed with sending out Request for Proposal (RFP) documents to qualified consulting firms; and 2) Authorize the City Manager to award the contract to a qualified consulting firm for consultant services provided proposal is within budgeted amount; motion carried 5:0. STUDY SESSION 3. REVIEW OF A PROPOSED DEVELOPMENT AGREEMENT CONCEPT BETWEEN THE CITY AND CHEVRON CORPORATION TO FACILITATE THE EARLY INSTALLATION-OF INFRASTRUCTURE IN THE AIRPORT AREA. Assistant City Manager Codron introduced this item and presented the agenda report and responded to Council questions. Victor Montgomery, Chevron Representative, gave a presentation and responded to Council questions. Bill Almas, Senior Project Manager, Chevron Land and Development, gave a presentation and responded to Council questions. Council recessed at 9:22 p.m. and reconvened at 9:36 p.m. with all members present Public Comments Allen Settle, San Luis Obispo, spoke in support of proceeding with the project and recommended removing the colliseurh on the Chevron property. Ty Safreno, CEO Trust Automation, San Luis Obispo, spoke in support of staffs recommendation. City Council Meeting Page 7 Tuesday, September 20, 2011 Ermina Karim, Chamber of Commerce C_ EO, spoke- in support of the project and of the. reimbursement agreement. .Doug Hoffman, San Luis Paper Company, Owner, spoke in support of the project. Jody Frey, San -Luis .Obispo, spoke of her concerns regarding the proposed roundabout on' Santa Fe and Broad Street. Will Powers, San Luis Obispo, spoke in opposition to the project. ---end of public comments --- Council discussion ensued during which they spoke in support of staff continuing their efforts with the reimbursement agreement for development of the property and infrastructure, preservation of open space and natural resources. Discussion also included concerns regarding the phasing of widening of Tank Farm Road and the job- housing balance. ACTION: Council received presentations from City staff and Chevron Corporation representatives regarding the installation of infrastructure in the Airport Area and the principles of a potential development agreement that would provide reimbursement to Chevron for infrastructure costs that exceed its fair share requirement; and provided direction to staff to proceed with a more detailed analysis of the proposal. COUNCIL LIAISON REPORTS -AND COMMUNICATIONS Council Member Smith reported on her attendance at the SLODA meeting and Student Community Liaison Committee meeting. Ms. Smith referred to a letter she received from business owners near the Railroad Square regarding Greyhound busses parking in the Amtrak parking lot. City Manager Lichtig and Assistant City Manager Codron responded to Ms. Smith's questions and concerns and stated that staff will contact the business owners. Vice Mayor Ashbaugh reported on his attendance at the IWMA, and CAPSLO meetings, as well as the Constitution Day event at Cuesta College, September 11th Ceremony, and Taste of SLO. Council Member Carpenter reported on his attendance at the September 11th ceremony at the Nazarene Church. Mayor Marx stated that she is serving on a subcommittee of SLOCOG that is considering putting forth a Y2 cent sales tax measure on the ballot. Ms. Marx also reported on her attendance at the September 11th celebration, service at the Presbyterian Church, Laguna Lake Golf Course presentation for Laguna Middle School students, Fall Conference at Cal .Poly, SCLC, and Constitution Day celebration at Cuesta College, City Council Meeting Tuesday, September 20, 2011 Page 8 .Vice Mayor Ashbaugh spoke about his concerns regarding increased graffiti in his neighborhood and a recent homicide. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:40 p.m. a. iaina Cano, CIVIC City Clerk APPROVED BY COUNCIL: 10/18/11 C