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Home My WebLink About01/22/2013minutes city of san Luis oBispo SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL Tuesday, January 22, 2013 5:00 P.M. – Special 6:00 P.M. – Regular Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Andrew Carter, 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. -------- --- ------------------------------- CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Property Owner Negotiator: Property: Property Owner Negotiator: City of San Luis Obispo Negotiators: Negotiations: APN's 053 - 161 -014 and 053 - 141 -013 KFK Family Trusts, Wayne Longcrier, Trustee APN 053 - 151 -016 BP West Coast Products LLC Tim Bochum, Peggy Mandeville, J. Christine Dietrick, Andrea S. Visveshwara, Cathy Springford of Hamner, Jewell & Associates Provide direction to City negotiators regarding price and terms of payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) ' Name of case: SLO Homeless Alliance v City of San Luis Obispo San Luis Obispo County Superior Court Case No. CV120204 city council meetinc, minutes Page 2 Tuesday, January 22, 2013 PUBLIC COMMENT ON CLOSED SESSION ITEMS: 1 City Attorney Dietrick called for public comments. None were heard and the Council proceeded into the Closed Session. Adjourned to Regular Meeting of Tuesday, January 22, 2013 REGULAR MEETING ROLL CALL: Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Andrew Carter, 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 Ashbaugh led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Dietrick stated there was no reportable action on the Closed Session item conference with real property negotiators. City Attorney Dietrick stated the following action on the Closed Session item conference with legal counsel— existing litigation. The Council voted 5 -0 to direct the City Attorney to publicly report its closed session action. On motion by Council Member Dan Carpenter, seconded by Council Member John Ashbaugh, the council voted 4 -1 (Marx opposed) to convey an offer to plaintiffs' counsel that the City will waive its appeal rights and pay the attorney's fee judgment in full, provided plaintiffs agree that it will be paid half to plaintiffs' counsel and half to Community Area Partnership of San Luis Obispo County (CAPSLO) to support local homeless services. 1 city council meetmc minutes Page 3 Tuesday, January 22, 2013 IPRESENTATIONS PROCLAMATION — START BY BELIEVING (GESELL — 5 MINUTES) Chief Gesell and Dr. Kim Lonsway of SARP accepted the proclamation. PRESENTATION — LYNNE CALLAHAN, THE JOHN W. CALLAHAN HEART SAFE PROJECT. (LICHTIG — 5 MINUTES) Lynne Callahan made a presentation on The John W. Callahan Heart Safe Project. PUBLIC COMMENT Amy Kardell, San Luis Obispo. Spoke in regard to safety in the downtown area. She asked if there could be additional cameras in the downtown. Gary Fowler, San Luis Obispo. Spoke in regard to the half -cent sales tax. He suggested a community group oversee the sales tax money; either approving staff suggestions, or referring to the Council. This would be Similar to Paso Robles and the Templeton School Board. Jim Duenow, San Luis Obispo. Spoke in regard to the disaster on Dana Street — ugly handicap ramp in front of the building approved by City staff without referral to the CHC. Allan Cooper, San Luis Obispo. Showed a photo of The Barneberg House at 550 Dana Street to give Council and the community a view of the new handicap ramp. Save Our Downtown is concerned about Staffs ability to approve these changes without CHC approval and is also concerned about the demolition of part of the adobe at 868 Chorro Street. Jeff Aranguena, San Luis Obispo. Spoke in support of the Skate Park. Lisa Ray, Children's Resource Network, has been working with Pacific Beach High School and helping the kids start a Teen Closet. Look for invitations to it's opening. Courtney Kienow, San Luis Obispo. She will be leaving her role with the Chamber of Commerce to enjoy more time with her children. She thanked the Council and staff for their time and dedication to issues with the Chamber. Michelle Tasseff, San Luis Obispo. She expressed her thanks to the Council, City Attorney, City Manager and the Police Department for the work they do. City Manager Lichtig confirmed that the Mayor and Council would like the issue of CHC matters to be brought back for discussion. 1 ---end of public comments -- city council meetmc, minutes Page 4 Tuesday, January 22, 2013 CONSENT CALENDAR Public Comments On Items On The Consent Calendar Council Member Carter requested that item C2 on sidewalk inspection program be pulled from the consent calendar. C2 Sandra Rowley, San Luis Obispo. Spoke representing residents for Quality Neighborhoods; with regard to sidewalk repair. She would like to see sidewalk repair more frequently than every eight years. C3 Steve Barasch, San Luis Obispo. Spoke in regard to the contract extension. He asked questions regarding how performance evaluations are handled for these contracts. Interim Finance Director, Wayne Padilla, addressed the issue; specifically, the turnover in staff and the process necessary to perform a proper RFP. Council Member Carpenter asked about the ability for a local firm to participate. Interim Director Padilla, indicated that local firms, if they meet the criteria within the RFP, will be considered. Council Member Carter stressed that Bonds are a very specialized field. Administrative Analyst, Rachel McClure, informed the Council that the next RFP will be released in the summer. C8. Allan Cooper, San Luis Obispo. Spoke on behalf of Save Our Downtown; they would like to see a modification to the wording of this grant application. The application should also include the Creek Walk in addition to Mission Plaza and the Cultural Corridor. —end of public comments— ACTION: Motion by Council MemberAshbauah Council Member Carter to approve the Consent Calendar Items C1, C3 thru C11. Roll Call Vote: 5-0 Motion Carried. C1. MINUTES OF TUESDAY, DECEMBER 18, 2012; AND JANUARY 8, 2013. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved by Consent Calendar Vote. J city council. meetmy minutes Tuesday, January 22, 2013 Page 5 ' C2. ADOPTION OF A SIDEWALK INSPECTION PROGRAM FOR THE CITY OF SAN LUIS OBISPO. (GRIGSBY /RICE) RECOMMENDATION: Adopt a Sidewalk Inspection Program for the City of San Luis Obispo. Council Member Carter, Mayor Marx and Vice Mayor Smith asked questions regarding this item. Public Works Director, Daryl Grigsby, and City Engineer, Barbara Lynch responded. ACTION: Motion by Council Member Carter / Council Member Ashbaugh to approve the Consent Calendar Item C2. Roll Call Vote: 5-0 Motion Carried. C3. EXTENSION OF FINANCIAL ADVISOR AND BOND AND DISCLOSURE COUNSEL CONTRACTS FOR ONE YEAR. (PADILLA/MCCLURE) RECOMMENDATION: Approve a contract extension for Financial Advisor services with Fieldman Rolapp, and Bond - Counsel and Disclosure Counsel services with Jones Hall for one year and '.authorize City Manager to execute contract amendments. ACTION: Approved by Consent Calendar Vote. C4. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2969, 1310 FOOTHILL BOULEVARD (TR 200 -07). (GRIGSBY /HANNULA/DOSTALEK) RECOMMENDATION: Adopt a Resolution No. 10417 (2013 Series) accepting the public improvements, certifying completion of the required private subdivision improvements, and releasing the securities for Tract 2969 at 1310 Foothill Boulevard. ACTION: Approved by Consent Calendar Vote. C5. RESOLUTION REQUESTING CALTRANS RELINQUISH STATE RIGHT -OF WAY FOR THE BOB JONES CITY- TO-SEA TRAIL. (GRIGSBY /MANDEVILLE) RECOMMENDATION: Approve Resolution No. 10418 (2013 Series) requesting Caltrans relinquishment of State right -of -way for the Bob Jones City -to -Sea Trail. 1 ACTION: Approved by Consent Calendar Vote. city council meetmr4 minutes Page 6 Tuesday, January 22, 2013 C6. POLICE PATROL VEHICLE REPLACEMENTS, SPECIFICATION NO. 91171. ( GRIGSBY /SCHMIDT /STORTON /BOCHUM) RECOMMENDATION: 1) Approve the use of Cooperative Purchasing Agreement with National Joint Powers Alliance (NJPA) Contract #102811 -NAF through National Auto Fleet Group, effective January 18, 2012, for the purchase of four (4) Police Patrol Vehicles. 2) Authorize the Finance Director to execute a purchase order to National Auto Fleet Group of Watsonville, California in the amount of $138,735.24 for two (2) Ford Interceptor Sedans and two (2) Ford Utility patrol vehicles, Specification No. 91171. 3) Authorize the Finance Director to execute a purchase order to 10 -8 Retrofit, Inc. of Ontario California in the amount of $31,177.26 for the installation of Code -3 Equipment for a total of four (4) Ford Interceptor patrol vehicles, Specification No. 91171. 4) Approve the transfer of $51,588 of funding in the Police Patrol Vehicle Replacement project, Specification No. 91171, to the Fleet Completed Projects Account for support of future vehicle replacements. ACTION: Approved by Consent Calendar Vote. C7. CORPORATION YARD DUMP TRUCK REPLACEMENT, SPECIFICATION NO. 91183. (GRIGSBY /SCHMIDT /BOCHUM) RECOMMENDATION: 1) Approve the Dump Truck Replacement capital project, Specification No. 91183, and the transfer of $88,900 from the Equipment Replacement Fund balance. 2) Approve the use of Cooperative Purchasing Agreement with National Joint Powers Alliance (NJPA) Contract #102811 -NAF through National Auto fleet, effective January 18, 2012, for the purchase of a heavy duty Corporation Yard Dump Truck. 3) Authorize the Finance Director to execute a purchase order to Wondries Fleet Group of Alhambra California in the amount of $68,947.79 for one 2012 Ford F750 Dump Truck chassis and dump bed. 4) Authorize the Finance Director to execute a purchase order to Marathon Industries, Inc. of Santa Clarita California in the amount of $18,123.19 for the purchase and fabrication of one (1) dump bed for installation on the Ford F750 truck chassis purchased through Wondries Fleet Group. 5) Authorize the surplus designation of the dump truck, Fleet Asset No. 9107 by sale, auction, trade -in or other method in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Section 405 -L and 480 and in accordance with California Air Resources Board ruling for out -of -state sale. -A. ACTION: Approved by Consent Calendar Vote. 1 city council meetmG minutes Tuesday, January 22, 2013 Page 7 1 C8. GRANT APPLICATION FOR PREPARING A MASTER PLAN FOR THE MISSION PLAZA AND CULTURAL CORRIDOR. (JOHNSON /MURRY) RECOMMENDATION: Authorize staff to apply for a grant offered by the National Endowment for the Arts and authorize the City Manager to execute any agreements related to such grant and adopt Resolution No. 10419 (2013 Series) ACTION: Approved by Consent Calendar Vote. C9. SUPPORT FOR WATER RECLAMATION FACILITY NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REISSUANCE. (MATTINGLY /HIX) RECOMMENDATION: Authorize the Mayor to execute a sole source agreement with Larry Walker Associates in the amount of $52,800 for support of the Water Reclamation Facility's National Pollutant Discharge Elimination System permit reissuance. ACTION: Approved by Consent Calendar Vote. C10. PURCHASE OF ONE (1) 240 KILOWATT EMERGENCY. GENERATOR. (MATTI NGLY /NORTON /MALICOAT) RECOMMENDATION: 1) Approve the replacement of one California Air Resources Board (CARB) non - compliant 200 kilowatt (kW) portable generator with one 240 kW CARB compliant generator and required accessories for and amount not to exceed $150,000 and authorize the Finance Director to execute the necessary purchase orders to complete the purchase. 2) Appropriate $75,000 from the Water Fund Unappropriated Working Capital balance and $75,000 from the Sewer Fund Unappropriated Working Capital balance to support the replacement. ACTION: Approved by Consent Calendar Vote. C11. LEAGUE OF CALIFORNIA CITIES REQUEST TO SUPPORT VITAL LITIGATION. (LICHTIG /RICHARDSON) RECOMMENDATION: Authorize participation in the League of California Cities Litigation Surcharge Fund. ACTION: Approved by Consent Calendar Vote. city council- meeting minutes Tuesday, January 22, 2013 PHI. PUBLIC HEARINGS AND BUSINESS ITEMS F E Page 8 LLC TO PHILLIPS 66 PIPELINE LLC. (DIETRICK/VISVESHWARA — 15 MINUTES) City Attorney Dietrick presented the report for both PHI and PH 2. 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 Carter / Vice Mayor Smith to: Introduce an Ordinance No. 1587 (2013 Series) to approve the transfer of the rights and obligations under Franchise Ordinance No. 1564 from ConocoPhillips Pipeline LLC ( "Conoco ") to Phillips 66 Pipeline LLC ( "Phillips 66 PLLC ". Roll Call Vote: 5-0 Motion Carried. PH2. INTRODUCTION OF ORDINANCE TO APPROVE THE TRANSFER OF FRANCHISE ORDINANCE NO. 1569 FROM CONOCOPHILLIPS PIPELINE LLC TO PHILLIPS 66 COMPANY. (DIETRICK/VISVESHWARA —15 MINUTES) 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 Carter / Vice Mayor Smith to: Introduce an Ordinance No. 1588 (2013 Series) to approve the transfer of the rights and obligations under Franchise Ordinance No. 1569 from ConocoPhillips Pipeline LLC ( "Conoco ") to Phillips 66 Company. Roll Call Vote: 5-0 Motion Carried. 1 1 city council meetmc, minutes Page 9 Tuesday, January 22, 2013 ' PH3. SAN LUIS GARBAGE COMPANY BASE YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION. (MATTI NGLY/MU N DS/MALICOAT – 45 MINUTES) Conservation Manager Munds presented the report and responded to Council questions. Mayor Marx opened the public hearing. City Clerk Kennedy Grimes reiterated that three written protests were received through the Office of the City Clerk and forwarded to the Utilities Department. No addiitonal protests were received during the meeting and No member of the public had submitted a spearker card for this item. At the close of the public hearing, no additional protests can be accepted. No one spoke at this time. Public Comments ---end of public comments— Mayor Marx closed the public hearing. 1 ACTION: Motion by Council Member Ashbauah / Council Member Carter to: 1) Adopt a Resolution No. 10420 (2013 Series) increasing solid waste rates by 3.4% to be effective on February 1, 2013 provided there is not a majority protest against such increase. 2) Continue using green waste as alternative daily cover at Cold Canyon Landfill for an additional year. Roll Call Vote: 5-0 Motion Carried. B1. MARSH STREET BRIDGE PROJECT, SPECIFICATION NO. 90480. (GRIGSBY /MCGUIRE - 30 MINUTES) Public Works Director Grigsby and Engineer III McGuire, presented the report and responded to Council questions. Public Comments Jeff Aranguena, San Luis Obispo. Spoke in support of the project. 1 Paul Brown, San Luis Obispo. Spoke in support of the project. city council mectinc4 minutes Tuesday, January 22, 2013 Page 10 Bart Devaney, San Luis Obispo. Sunset North Carwash. Requested additional communication with staff members. The change in traffic flow and access will be tough. He hopes additional signage will be possible. Carliss Campbell, San Luis Obispo, DaVita SLO Dialysis. Spoke in favor of the project and reiterated a request for additional communication from staff throughout the project. ---end of public comments_ - Mayor Marx indicated that the lights had originally been gas lights, and that lighting standards might reflect that design. Council Member Carpenter requestes that staff focus on the needs of the local businesses and help them continue their success. ACTION: Motion by Vice Mayor Smith / Council Member Carter to: 1) Approve the removal and replacement of the Marsh Street Bridge as identified in Alternative 3 of the Alternatives Study Report by Dokken Engineering, and proceed with design for "Marsh Street Bridge Repair, Specification 90480 ". 2) Appropriate $148,642 of Highway Bridge Program (HBP) Grant funding to the project account in the amounts of $15,847 to the design phase, $22,132 to the environmental review phase and $110,663 to the property acquisition phase. 3) Approve the transfer of $19,258 from the CIP Completed Projects account to the 1 project account in the amounts of $2,053 to the design phase, $2,868 to the environmental review phase and $14,337 to the property acquisition phase. 4) Authorize the Finance Director to amend the current contract with Dokken Engineering by $594,452.28 to include all design, environmental services and property acquisition services for the "Marsh Street Bridge Repair, Specification No. 90480 ". Roll Call Vote: 5-0 Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received: Vice Mayor Smith and Mayor Marc submitted written reports which were distributed prior to the meeting. Council Member Ashbauqh made an oral report regarding his work on homeless services and a meeting he and Mayor Marx attended with the Diablo Canyon Nuclear Power Plant. 1 city council meetmG minutes Tuesday, January 22, 2013 Page 11 -------- ---- --------- — --------------- — ------ -----------------_- There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 8:20 p.m. Mae a KengCeA Grime City Clerk APPROVED BY COUNCIL: 02/19/13 1