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Home My WebLink About02/15/2005, AGENDA council agen6a CITY OF SAN LU IS OBISPO CITY HALL, 990 PALM STREET Tuesday, February 15, 2005 Action Update 6:15 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street City.Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 DONALD BAXTER, Individually and as Trustee for MARY ELIZABETH MACOUEEN BAXTER v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040460 2. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 VICTORIA O'TOOLE v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF SAN LUIS OBISPO; STATE OF CALIFORNIA v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 030270 City Attorney Lowell reported that the Closed Sessions were held and Council has provided parameters for settlement for both sessions. 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle, Vice Mayor John Ewan, Mayor Dave Romero Council Agenda Tuesdays February 15, 2005 Action Update INTRODUCTION Parks and Recreation DirectorleSa4e introduced Senior Ranger, Doug Carscaden. City Attorney Lowell introduced Assistant City Attorney Christine Dietrick PRESENTATION Mayor Romero presented a proclamation for SPAY DAY USA to Ira Alpert, Woods Humane Society Board President, and Elaine Genasci, Feline Network Board Director. APPOINTMENT Al. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS MEMBERS. (CASH —5 MINUTES) RECOMMENDATION: By motion, appoint Doug Shaw and Tom Copeland to the SCO Downtown Association Board of Directors. ACTION: Approved(5:0), CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. Cl. APPROVE MINUTES OF SATURDAY, JANUARY 29,2005, SPECIAL MEETING, AND TUESDAY, FEBRUARY 1, 2005, REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved(5:0). C2. AUTHORIZATION OF APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY_ DEVELOPMENT (HCD)FOR FUNDING UNDER THE BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS (BEGIN) PROGRAM (PROP 46). (MAN D EV I LLE/DAV I DSO N) 2 Council Agenda Tuesday, February 15, 2005 Action Update RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application to HCD for the BEGIN Program and target the BEGIN funds to the Tumbling Waters project for down payment assistance. ACTION. Resolution No. 9661 (2005 Series) adopted(5.0). C3. DAMON-GARCIA SPORTS FIELDS MAINTENANCE. (WALTER/SMITHBEIGHTS) RECOMMENDATION: 1. Support a change in the maintenance strategy for the Damon-Garcia sports fields from contract to in-house, and approve reassigning two existing parks maintenance staff to maintain the Damon-Garcia sports fields and use contract services to backfill maintenance needs at other park areas. 2. Authorize the City Administrative Officer to approve requests for proposals for landscape maintenance services at other park areas and award the contract if within the $126,000 annually. 3. Conceptually approve increasing the fleet by purchasing a turf mower, pick-up and utility cart for use at the Damon-Garcia sports fields, with final Council approval as part of the 2005-07 Financial Plan. ACTION. Approved as amended(5:0). C4. PURCHASE OF LEASED CRACK SEAL KETTLE. (WALTER/SMITH/KEAVNEY) RECOMMENDATION: Approve a purchase order in the amount of $21,350 using existing capital outlay funds for a sole-source purchase to Crafco Inc. for an existing leased Crack Seal Kettle. ACTION. Approved(5:0). CS. AUTHORIZE EXPENDITURE OF FUNDS FOR LABOR RELATIONS CONSULTANT SERVICES. (MOLONEYMENNY) RECOMMENDATION: Authorize the Human Resources Department to expend up to $40,000 for labor relations consultant services. ACTION. Approved(5:0). C6. EMERGENCY STORM DRAIN REPAIR — 1642 EL CERRITO. (WALTER/LYNCH) RECOMMENDATION: 1. Authorize the completion of emergency work on the storm drain at 1642 El Cerrito. 2. Transfer the remaining funds in the CIP Reserve and Completed Projects accounts to the project account. ACTION. Approved(5:0). 3 Council Agenda Tuesday, rebruary 15, 2005 Action Update C7. AUTHORIZATION OF ANAPPLICATION FOR GRAN_ T FUNDS FROM THE. FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) FOR STRUCTURAL.STRENGTHENING OF THE J.P. ANDREWS BUILDING.. (GEORGE/CLARK) RECOMMENDATION: Adopt a resolution authorizing the City Administrative Officer to execute and submit an application for grant monies in an amount not to exceed $1,000,000 from the Federal Emergency Management Agency (FEMA), to be used in support of seismic retrofit of the J.P. Andrews building. ACTION: This item was pulled from the agenda. The building originally deemed most likely to qualify for a grant will not do so at this time, and there are no other buildings that could appropriately replace it in the application process. C8. 2005 LEGISLATIVE ACTION PLATFORM. (LOWELL) RECOMMENDATION: 1. Adopt a resolution establishing a Legislative Action Platform for 2005; 2. Appoint a Council member and a staff person to act as legislative liaison between the League of California Cities and the City of San Luis Obispo. ACTION: Resolution No. 9652(2005 Series)adopted as amended(5:0). C9. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2401, A 54- LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD (OBISPO ESTATES-LOVR-SLO, LLC (R.W..HERTEL)SUBDIVIDER). - CONT/NUED FROM JANUARY 18, 2005 (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2401. ACTION: Resolution No. 9653 (2005 Series) adopted(4:0:1, Settle absent). BUSINESS ITEMS 1. 2004-05 MID-YEAR BUDGET REVIEW. (HAMPIAN/STATLER/DOMINGUEZ - 45 MINUTES) RECOMMENDATION: 1. Review and discuss the City's financial condition at the mid- point of 2004-05. 2. Approve revenue and expenditures changes presented in the accompanying Mid-Year Budget Review document, including added General Fund appropriations of $70,000. 4 i Council Agenda Tuesday, r ebruary 15, 2005 Action Update ACTION. Approved(4:1, Mulholland opposed). 2. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH COSTCO WHOLESALE CORPORATION FOR REALIGNMENT OF CALLE JOAQUIN SOUTH. (HAMPIAN/LOWELUSTANWYCK-20 MINUTES) RECOMMENDATION: Approve a reimbursement agreement with Costco Wholesale Corporation for realignment of Calle Joaquin south of Los Osos Valley Road and authorize the Mayor to execute the agreement. ACTION: Approved(3:1:1, Mulholland opposed, Settle absent). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. Council Member Mulholland reported on the Water Resources Advisory Committee meeting, February 2, 2005. Mayor Romero reported on the February 8, 2005 Downtown Association meeting, the Zone 9 Advisory Committee meeting, and the SLO Council of Governments meeting. COMMUNICATIONS (not to exceed 15minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) Council Member Brown expressed his appreciation for all the citizens who applied for Advisory Body vacancies. Mayor Romero read a letter from Cal Poly ASI President Blake Bolton expressing gratitude for the Council's display of trust in the student community regarding the Safety Enhancement Zone issue discussed at the Council meeting on February 10th (letter on file in the City Clerk's Office). ADJOURN. 5 council apenaa CITY OF SAN LUIS OB ISP O CITY HALL, 990 PALM STREET Tuesday, February 15, 2005 6:15 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 DONALD BAXTER, Individually and as Trustee for MARY ELIZABETH MACQUEEN BAXTER v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040460 6:30 p.m. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 VICTORIA O'TOOLE v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF SAN LUIS OBISPO; STATE OF CALIFORNIA v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 030270 ® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to including the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf (805) 781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7100. I, I Council Agenda Tuesday,February 15, 2005 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Paul Brown, Christine Mulholland, Allen K. Settle, Vice Mayor John Ewan, Mayor Dave Romero INTRODUCTION INTRODUCTION OF PARKS AND RECREATION DEPARTMENT EMPLOYEE. (LESAGE) PRESENTATION SPAY DAY USA PROCLAMATION. (ROMERO— 5 MINUTES) PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time,you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time.limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda,except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov.Code Sec.549542). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. APPOINTMENT Al. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS MEMBERS. (CASH —5 MINUTES) RECOMMENDATION: By motion, appoint Doug Shaw and Tom Copeland to the SLO Downtown Association Board of Directors. 3 Council Agenda Tuesday, february 15, 2005 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. APPROVE MINUTES OF SATURDAY, JANUARY 29, 2005, SPECIAL MEETING, AND TUESDAY, FEBRUARY 1, 2005, REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. C2. AUTHORIZATION_OF APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR FUNDING UNDER THE BUILDING.EQUITY_AND GROWTH IN NEIGHBORHOODS(BEGIN) PROGRAM (PROP 46). (MANDEVILLE/DAVIDSON) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application to HCD for the BEGIN Program and target the BEGIN funds to the Tumbling Waters project for downpayment assistance. C3. DAMON-GARCIA SPORTS FIELDS MAINTENANCE. (WALTER/SMITH/BEIGHTS) RECOMMENDATION: 1. Support a change in the maintenance strategy for the Damon-Garcia sports fields from contract to in-house, and approve reassigning two existing parks maintenance staff to maintain the Damon-Garcia sports fields and use contract services to backfill maintenance needs at other park areas. 2. Authorize the City Administrative Officer to approve requests for proposals for landscape maintenance services at other park areas and award the contract if within the $126,000 annually. 3. Conceptually approve increasing the fleet by purchasing a turf mower, pick-up and utility cart for use at the Damon-Garcia sports fields, with final Council approval as part of the 2005-07 Financial Plan. C4. PURCHASE OF LEASED CRACK SEAL KETTLE. (WALTER/SMITH/KEAVNEY) RECOMMENDATION: Approve a purchase order in the amount of $21,350 using existing capital outlay funds for a sole-source purchase to Crafco Inc. for an existing leased Crack Seal Kettle. C5. AUTHORIZE EXPENDITURE OF FUNDS FOR LABOR RELATIONS CONSULTANT SERVICES. (MOLONEY/JENNY) RECOMMENDATION: Authorize the Human Resources Department to expend up to $40,000 for labor relations consultant services. 4 Council Agenda Tuesday, February 15, 2005 C6. EMERGENCY STORM DRAIN REPAIR— 1642 E_L CERRITO. (WALTER/LYNCH) RECOMMENDATION: 1. Authorize the completion of emergency work on the storm drain at 1642 EI Cerrito. 2. Transfer the remaining funds in the CIP Reserve and Completed Projects accounts to the project account. C7. AUTHORIZATION OF AN.APPLICATION,FOR GRANT FUNDS FROM THE FEDERAL EMERGENCY_MANAGEMENT AGENCY (FEMA) FOR STRUCTURAL STRENGTHENING OF THE J.P..ANDREWS BUILDING. (GEORGE/CLARK) RECOMMENDATION: Adopt a resolution authorizing the City Administrative Officer to execute and submit an application for grant monies in an amount not to exceed $1,000,000 from the Federal Emergency Management Agency (FEMA), to be used in support of seismic retrofit of the J.P. Andrews building. C8. 2005 LEGISLATIVE ACTION PLATFORM. (LOWELL) RECOMMENDATION: 1. Adopt a resolution establishing a Legislative Action Platform for 2005; 2. Appoint Council member and a staff person to act as legislative liaison between the League of California Cities and the City of San Luis Obispo. C9. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2401, A 54- LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD (OBISPO ESTATES-LOVR-SLO, LLC (R.W. HERTEL) SUBDIVIDER). - CONTINUED FROM JANUARY 18, 2005 (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2401. BUSINESS ITEMS 1. 2004-05 MID-YEAR BUDGET REVIEW. (HAM PIAN/STATLER/DOMI NG U EZ— 45 MINUTES) RECOMMENDATION: 1. Review and discuss the City's financial condition at the mid- point of 2004-05. 2. Approve revenue and expenditures changes presented in the accompanying Mid-Year Budget Review document, including added General Fund appropriations of$70,000. 5 Council Agenda Tuesday,February 15, 2005 2. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH COSTCO WHOLESALE CORPORATION FOR REALIGNMENT OF CALLE JOAQUIN SOUTH. (HAMPIAN/LOWELUSTANWYCK—20 MINUTES) RECOMMENDATION: Approve a reimbursement agreement with Costco Wholesale Corporation for realignment of Calle Joaquin south of Los Osos Valley Road and authorize the Mayor to execute the agreement. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURN. 6