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Home My WebLink About12/18/2007, C1 - MINUTES IEE, AGENDA. DATE 7 ITEM # MINUTES REGULAR MEETING OF THE CITY COUNCIL. CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 20, 2007 -7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present Council Members Paul Brown, Andrew Carter, Allen Settle, Vice Mayor Christine Mulholland and Mayor Dave Romero City Staff: Present Ken Hampian, City Administrative Officer, Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer, John Mandeville, Community Development Director, Bill Statler, Finance and Information Technology Director, Jay Walter, Public Works Director, John Webster, Senior Transit Manager, Tyler Corey, Associate Planner, Ron Munds, Utilities Conservation Coordinator PRESENTATIONS Finance& IT Director Statler introduced Debbie Malicoat who will be assuming the position of the City's France Manager after the retirement of Carolyn Dominguez. PUBLIC COMMENT Gary Fowler, San Luis Obispo, submitted a letter(on file in the City Clerk's office) requesting parking passes for the residents in the staging area during the annual Christmas Parade on December 7d'. In response to his request for clarification -regarding the Dalidio lawsuit, he was directed to contact the City Attorney. Sifu Kelvin-Harrison, San Luis Obispo, dossed his continuing concerns regarding personal harassment Richard Maroetson, member of the Homeless Advisory Council, distributed flyers about and invited Council to attend the Shelter's 2nd Annual Holiday Fundraiser for the Mabne Lewis Memorial Shelter on December 8d'. WRAF IF ��-� I City Council Meeting -� Page 2 Tuesday, November 20, 2007 Lee Gulliver. Attorney, former Homeless Services Coordinator for the County and current consultant for homeless services, also spoke on behalf of the Shelters 2nd Annual Holiday Fundraiser. CONSENT AGENDA, ACTION: Moved by Mulholland/Brown to approve the Consent Agenda as indicated below. C1. MINUTES OF OCTOBER 16 AND 23, 2007, MEETINGS. ACTION: Moved by Mulholland/Brown to waive the oral reading and approve as amended (see memo on file in the City Clerk's office); motion carried 5:0. C2. AWARD ORCUTT ROAD WATERLINE REPLACEMENT PROJECT, SPECIFICATION NO..90785. ACTION: Moved by Mulholland/Brown to: 1. Award a contract to Whitaker Construction in the amount of$208,000 for the Orcwtt Road Waterline Replacement Project, Specification No. 90785. 2. Appropriate an additional $10,890 of funding from Water Fund Working Capital to the Water Distribution System Improvements Main Account; motion carried 5`0. C3. CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT(BTA) GRANT APPLICATION. ACTION: Moved by Mulholland/Brown to: 1.As recommended by the Bicycle Advisory Committee (BAC), adopt Resolution No. 9939 (2007 Series) certifying that the City will provide a minimum ten percent(10%)funding match of $193,600 for the construction of the segment of the Railroad Safety Trail between the Amtrak Train Station and Marsh Street. 2. Authorize the CAO to execute any agreements to implement the Council's action certifying a minimum ten percent funding match. 3. Direct staff to seek additional sources of funding during the next two years to complete construction of the entire segment; motion carried 5:0. C4. LEASE AGREEMENT WITH THE ECONOMIC OPPORTUNITY COMMISSION FOR THE OPERATION OF THE PRADO DAY CENTER. ACTION: Moved by Mulholland/Brown to approve a lease agreement between the City of San Luis Obispo and the Economic Opportunity Commission (EOC) for the operation of the Prado Day Center(Day Center)for an initial term of three (3) years; motion carried 5:0. ® A 6 C/-2- �l City Council Meeting Page 3 Tuesday, November 20, 2007 C5. CHANGE ORDERS AND CONSULTANT CONTRACT AMENDMENT FOR THE.WATER TREATMENT PLANT IMPROVEMENT PROJECT NO. 90225C. ACTION: Moved by Mulholland/Brown to: 1. Approve a change order in the amount of$169,456.72 for replacement and installation of a new water booster pump station for the Water Treatment Plant Improvement Project 2. Declare the existing booster pump station surplus. 3. Approve a change order with Stanek Constructors for extension of the time for the completion of the project and compensation for extended overhead costs for a portion of the time extension. 4. Approve Amendment No. 6 to the contract with'Black and Veatch for construction management services for extended construction oversight and other project related issues. 5. Authorize transfer of$282,780 from Water Fund working capital to the project account; motion carried 5:0. C6. ADOPTION OF LATEST EDITIONS OF THE CONSTRUCTION-AND FIRE PREVENTION CODES AND CONVERSION TO THE INTERNATIONAL BUILDING CODE. ACTION: Moved by Mulholland/Brown to adopt Ordinance No. 1510 (2007 Series) (1) repealing Chapters 15.02, 15.04, and 15.08 of the Municipal Code, and (2)adopting new Chapters 15.02, 15.04, and adopting the 2007 edition of the California Building, Mechanical, Plumbing, Electrical, Historical Building, Existing Building, and Fire Codes, and the 2006 edition of the International Property Maintenance code, with amendments; motion carried 5:0. C7. FUND BALANCE APPROPRIATION. ACTION: Moved by Mulholland/Brown to approve use of Downtown Association fund balance to cover operating expenses, both expected and unexpected; motion carried 5:0. C8. SUBMITTAL OF GRANT APPLICATIONS FOR PROPOSITION 113 DISCRETIONARY FUNDS. ACTION: Moved by Mulholland/Brown to adopt Resolution No. 9940 (2007 Series), authoring submission of applications to the San Luis Obispo Council of Governments for 2007-08 Proposition 1 B Transit Capital Grants to fund: 1) transit vehicle replacements; and 2) bus rapid transit—a demonstration program; motion carried 5:0. C9. RETROACTIVE REIMBURSEMENT FOR THE VOLUNTARY SEWER LATERAL PROGRAM. ACTION: Moved by Mulholland/Brown to approve a retroactive reimbursement program for private sewer laterals replaced by eligible homeowners between � F d C/-,3 City Council Meeting Page 4 Tuesday, November 20, 2007 April 2005 and June 30, 2007, and approve an additional appropriation of $97,500 from sewer fund working capital to support this request, motion carried 5:0. Council Member Carter introduced his mother, who is visiting from Tennessee. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT AND REZONE FROM MEDIUM DENSITY RESIDENTIAL (R-2-H) TO MEDIUM-HIGH DENSITY RESIDENTIAL(R-3-H) FORPROPERTYLOCATED AT 871 ISLAY STREET(GP/R/ER 8-06). Community Development Director Mandeville inh uced Associate Planner Corey who presented the staff report. Mayor Romero opened the public hearing. Mike MacNamara, applicant and owner, discussed the need for the uniform zoning on the property and referred to letters of support from adjacent neighbors. Mayor Romero dosed the public hearing. ACTION: Moved by Settle/Brown to, as recommended by the Planning Commission: 1. Adopt Resolution No. 9941 (2007 Series)approving a Mitigated Negative Declaration of environmental impact(ER 8-06) and amending the General Plan land Use Element Map to change the land use designation of 871 Islay Street from Medium Density Residential to Medium-High Density Residential. 2. Introduce Ordinance No. 1511 (2007 Series) changing the zoning for 871 Islay Street from Medium Density Residential Historic(R-2-H) to Medium- High Density Residential Historic(R-3-H); motion carried 5-0. 2. 2007-08 PROGRAM OF PROJECTS(POP) FOR FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5307 GRANTS. Public Works Director Walter introduced Transit Manager Webster,who presented the agenda report. Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero dosed the public hearing. ACTION: Moved by Mulholland/Brown to: 1. Conduct a public hearing on the FY 2007-08 Federal Transit Administration Program of Projects. 2. As City Council Meeting Page 5 Tuesday, November 20, 2007 recommended by the Mass Transportation Committee (MTC), approve the FY 2007-08 Federal Transit Administration Program of Projects. 3. Adopt Resolution No. 9942 (2007 Series) authorizing the Public Works Director to file a grant application and execute a grant agreement with the FTA in the amount of $1,341,040; motion carried 5:0. 3. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION. Utilities Conservation Coordinator Munds presented the staff report He clarified that the staff report should have indicated that the CPI was for the period of September 2006 through September 2007,.not 2007 through 2008, and responded to questions. Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Carter/Mulholland to adopt Resolution No. 9943 (2007 Series) increasing solid waste rates by 1.96%for interim year 2008 to become effective on January 1, 2008; motion carried 5:0. Mayor Romero announced that the phone number for further information regarding the December r Holiday Fundraiser for the Maxine Lewis Memorial Shelter is 528-5800. COUNCIL LIAISON REPORTS Mayor Romero reported on the Zone 9 committee meetings. He announced that the 211 telephone hotline program is now in place and should be called for non- emergencies instead of 911. He reported on the Poly Canyon field trip that took place last week. Vice Mayor Mulholland reported on her attendance at the November r County Water Resources Advisory Committee meetirx, the California Men's Colony Advisory Committee meeting on November 16 . Council Member Settle reported that he will be attending the Revenue Taxation meeting on January 1r. COMMUNICATIONS Vice Mayor Mulholland referred a program called Growth Options for the 21s Century(6021)that encourages both an expansion of the nation's freight rail City Council Meeting Page 6 Tuesday, November 20, 2007 infrastructure and a decrease in use of fuel by transporting freight by rail. She asked if whether council is willing to support this program and related legislation. City Attorney Lowell responded to questions, following which Council consensus was to support the program and to have the City Attorney bring this matter back as a future agenda item for appropriate action. Council Member Carter expressed regret that he will not be able to participate in both days of the team budding conference next week, but will attempt to participate at least on Thursday. Council Member Brown extended Thanksgiving wishes to Council Members and staff. Vice Mayor Mulholland said that she and City Clerk Hooper attended a forum in Santa Maria on Saturday which was sponsored by the League of Women Voters and the American Association of University Women. Attorney Susan Lemer spoke on the subject of dean money campaigns, City Clerk Hooper and Vice Mayor Mulholland spoke on the City's campaign ordinance. Council Member Settle expressed concern on the impact of Assembly Bill 1430, which takes away local control over elections. City Attorney Lowell announced that Council will be attending a leadership conference next week, Wednesday and Thursday, in Montecito. Because this is a conference that provides training, it is an exception to the Brown Act. Members of the public may attend, but would be required to pay the conference fee. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 7:56 p.m. Audrey Hooper City Clerk APPROVED BY COUNCIL: 12/18/07 KA 74 L'/-