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HomeMy WebLinkAbout05/19/2009, C1 - MINUTES MLIM AGENDA DATE 4142 21 ITEM # 21 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 7, 2009 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero Council Members Absent: Council Member Andrew Carter City Staff Present. Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. .PRESENTATION Mayor Romero presented Carol Capito, Coordinator for SLO County Child Care Planning Council, and Cal Poly students whose senior project is "Children's Day in the Plaza," with a proclamation acknowledging April 2009 as "Month of the Child" and April 11, 2009, as "Day of the Child." PUBLIC COMMENT Ermina Karim, representing the Chamber of Commerce, distributed a letter (on file in the City Clerk's office) from the Chamber requesting that Council Member Carter be appointed as the City Council representative on the Cal Poly-Government Collaboration Group. At the direction of Council, staff was asked to place this matter on the April 21 agenda. Cathe Olson, Director of the Central Coast Writers Conference offered through Cuesta College, expressed appreciation to Council for providing Grants-in-Aid funding in the past and expressed her hope that the Council will continue to fund this program. ®RAFT City Council Meeting Page 2 Tuesday, April 7, 2009 Carolyn Smith explained why she is again asking Council to consider strengthening its noise ordinance and to include a member of Residents for Quality Neighborhoods when they proceed with this request. City Manager Hampian indicated that the City's Neighborhood Services Officer, Ardith Tregenza, will contact Ms. Smith and respond to her questions. Willow Walking Turtle Kelley, San Luis Obispo, discussed her concerns about the increased number of homeless people in the city. She asked Council to revise its zoning laws to permit structures such as solar powered yurts to assist with this problem. CONSENT AGENDA Mayor Romero stated that although he was absent from the last meeting, he watched it on television and so is comfortable acting on the Consent Items that resulted from that meeting. Item C3 was pulled for discussion due to the number of speakers for this item. ACTION: Moved by Settle/Ashbaugh to approve the Consent Agenda, with exception of Item C3, as indicated below. C1. MINUTES OF FEBRUARY 17, FEBRUARY 24, FEBRUARY 25, AND MARCH 3, 2009. ACTION: Moved by Settle/Ashbaugh to waive oral reading and approve as presented; motion carried 4:0 (Carter absent). C2. CANCELLATION OF CITY COUNCIL MEETING. ACTION: Moved by Settle/Ashbaugh to cancel the regular City Council meeting of Tuesday, August 18, 2009; motion carried 4:0 (Carter absent). Item C3 was consider following action on the other Consent Agenda items. C3. USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO BASEBALL ALLIANCE, LLC FOR USE OF THE SAN LUIS OBISPO BASEBALL STADIUM FOR 2009. Mayor Romero called for public comments on this item at this time. Kirk Endies, attorney representing former Blues owner Tim Golden, objected to the proposal because it appears that the SLO Baseball Alliance will be using the Blues' name and an agreement to do so has not been reached.. RAF i City Council Meeting Page 3 Tuesday, April 7, 2009 Tim Golden, San Luis Obispo, spoke in opposition to the proposal, pointing out that there are still a number of unresolved issues. Chris Landis, Landis Automotive, discussed his past support of and involvement with the Blues, but opposed the proposed use agreement. Rich Reynolds, San Luis Obispo, also discussed his past involvement with the Blues and expressed concern regarding the proposed agreement. Dan McGee, attorney representing the SLO Baseball Alliance, clarified that the matter before Council is not ownership of the name "SLO Blues," but whether the Alliance will be allowed to use the stadium. He discussed the indemnification with which the City has been provided should legal action occur related to the name. Leslie Halls, San Luis Obispo, spoke in support of the proposed use agreement, but asked Council to assist the two parties in resolving their issues. Teri Patterson objected to the handling of a situation at a game when she was hit by a ball and was forced to have costly medical care that she did not believe she needed. She asked Council to approve the use agreement, but to ensure that there is insurance or a process whereby the public is protected from incurring the type of expense she incurred without reimbursement from the team. Elizabeth Osborne, county resident, discussed her background in baseball and stressed the importance of encouraging local baseball without making it a business or political endeavor. Joseph Vergara, a partner with the SLO Baseball Alliance, discussed the history of SLO Blues, the Alliance's desire to proceed with preparing a team for the upcoming season, and the efforts that have gone into developing the proposed use agreement. Michael Lara discussed his past involvement with the SLO Blues, including how he spent his personal funds to try to keep the team playing, and spoke in support of the proposal. Chal Fanninq also discussed his past involvement with the SLO Blues and asked Council to support the proposed use agreement. City.Attomev Lowell.responded to Council questions regarding the proposed agreement, the criminal proceedings pending against the former owner of SLO Blues, and possible order of restitution of the outstanding balance owed the City. ACTION: Moved by Ashbaugh/Settle to: 1. Approve an agreement with San Luis Obispo Baseball Alliance, LLC for use of the San Luis Obispo Baseball Stadium ®RAF i Ci 3 City Council Meeting Page 4 Tuesday, April 7, 2009 for the 2009 season. 2. Authorize the Mayor to execute the agreement between the City of San Luis Obispo and the San Luis Obispo Baseball Alliance, LLC; motion carred 4:0 (Carter absent). C4. CHORRO-HATHWAY WATER AND SEWER IMPROVEMENTS SPECIFICATION NO. 90640. ACTION: Moved by Settle/Ashbaugh to: 1. Approve a Contract Change Order for additional work on the Chorro-Hathway Water and Sewer Improvements Project, Specification No. 90640. 2. Approve a transfer of funds in the amount of $43,500 from Water Distribution System Improvements Main Account and $132,600 from the Sewer Collection System Improvement Main Account to this project's account; motion carried 4:0 (Carter absent). C5. REZONING PROPERTY AT APN 004-951-009 TO R-3S AND APPLYING THE PLANNED DEVELOPMENT OVERLAY TO THE ENTIRE PROPERTY AT 851 AND 860 HUMBERT AVENUE: GPA/R/PD 27-06. ACTION: Moved by Settle/Ashbaugh to adopt Ordinance No. 1523 (2009 Series); motion carried 4:0 (Carter absent). C6. MICROSURFACING 2008-2009 PROJECT, SPECIFICATION NO 90893. ACTION: Moved by Settle/Ashbaugh to: 1. Approve plans and specifications for the Microsurfacing 2008-09 Project, Specification No. 90893. 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$704,000. 3. Approve the transfer of$90,000 from the Capital Improvement Project Reserve Account to fund construction management; motion carried 4:0 (Carter absent). C7. ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS. ACTION: Moved by Settle/Ashbaugh to adopt Ordinance No. 1524 (2009 Series); motion carried 4:0 (Carter absent). C8. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 9.05 — UNDERAGE PERSONS AND ALCOHOL (SOCIAL HOST ORDINANCE) ACTION: Moved by Settle/Ashbaugh to adopt Ordinance No. 1525 (2009 Series); motion carried 4:0 (Carter absent). C9. 2009 OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) HIRING RECOVERY PROGRAM GRANT APPLICATION ®USAF i ci- q i City Council Meeting Page 5 Tuesday, April 7, 2009 ACTION: Moved by Settle/Ashbaugh to: 1. Authorize staff to submit an application for a 2009 Federal Community Oriented Policing Services (COPS) Hiring Recovery Program Grant application in the amount of$863,732 to fund two entry-level police officer positions for three years to staff the Neighborhood Team community policing program that was not implemented due to budget reductions. 2. If grant is awarded, authorize the City Manager to execute necessary grant documents; motion carried 4:0 (Carter absent). C10. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPLICATION. ACTION: Moved by Settle/Ashbaugh to: 1. Authorize staff to submit an application for a 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of$78,925 to fund a half time Records Clerk position for two years, or police equipment and technology. 2. If grant is awarded, authorize the City Manager to execute necessary grant documents; motion carried 4:0 (Carter absent). C11. DISPATCH CENTER/FIRE STORAGE FACILITY PROJECT AGREEMENTS. ACTION: Moved by Settle/Ashbaugh to: Authorize the City Manager to execute agreement actions for design and engineering services related to the Dispatch Center/Fire Storage Facility project as follows: 1. Amendment No. 9 to the design services agreement with RRM Design Group for expanded design and construction coordination and oversight.services in the amount of$93,600. 2. Construction materials inspection and testing services agreement with Earth Systems Pacific in an amount not to exceed $131,710; motion carried 4:0 (Carter absent). PUBLIC HEARINGS 1. APPEALS OF THE.TREE COMMITTEE'S DECISION TO DENY HOMEOWNERS' REQUESTS TO REMOVE ONE TREE EACH AT 1745 AND 1750 DE ANZA COURT. Council Member Marx indicated that she originally had concerns that she may have a conflict of interest on this matter because she had represented one of the appellants in 2005. However, because that was more than a year ago, the City Attorney has confirmed that she does not have a conflict of interest and can participate in a decision on these appeals. Public Works Director Walter introduced this item following which Urban Forest Supervisor Pellemeier presented the agenda report. ® 'FI City Council Meeting ✓ Page 6 Tuesday, April 7, 2009 Mayor Romero opened the public hearing. Robert Nunn, appellant for removal of the Monterey pine tree at 1745 De Anza Court, spoke on behalf of his appeal and displayed photographs and other information in support of his position that the tree should be removed. Charlie Herrera, appellant for removal of the Monterey pine tree at 1750 De Anza Court, spoke on behalf of his appeal, circulated a photograph of the tree, and expressed concern about the potential damage the tree could cause to the concrete drainage swale. Mayor Romero closed the public hearing. Council discussion ensued during which Public Works Director Walter and City Arborist Combs responded to questions. Moved by Settle/Romero to support the property owners' request to remove the trees. Following additional discussion regarding the need for additional information from the property owners related to the potential threat of the trees falling and from staff regarding the concrete drainage swale, Council Member Settle withdrew his motion with Mayor Romero's concurrence. ACTION: Moved by Settle/Romero to continue this item to the meeting of May 5, with a suggestion to the appellants to provide an additional professional analysis regarding the trees and direction to staff to provide additional information about the impact of the trees on the concrete drainage swale (4:0, Carter absent). 2. 2008-09 ARRA PROGRAM OF PROJECTS FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANTS. Pubic Works Director Walter introduced this item, following which Transit Manager Webster presented the agenda report and responded to questions. Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Marx to adopt Resolution No. 10069 (2009 Series) authorizing the Public Works Director to file a grant application and execute a grant agreement with the Federal Transit Administration in the amount of $1,023,660; motion carried 4:0 (Carter absent). ®RAFT C,^ L:2 City Council Meeting Page 7 Tuesday, April 7, 2009 3. PARKING FINE INCREASE FOR STATE AND COUNTY PENALTIES. RECOMMENDATION: This item was continued to the meeting of April 21, 2009. No action was taken at this meeting. BUSINESS ITEMS 4. SCADA SYSTEM UPGRADE ASSESSMENT REPORT. Utilities Director Mattingly and Water Division Manager Henderson presented the report and responded to questions. In response to Vice Mayor Settle, Gene Hever, Director of Engineering for DLT&V, discussed how the use of an open architecture system design for the proposed upgrade to the SCADA system will prevent proprietary issues in the future. Public Comments No comments were forthcoming. —end of public comments-- ACTION: No action was required on this matter. COUNCIL LIAISON REPORTS Council Member Marx reported on her attendance at the Air Pollution Control District meeting of March 25 and her attendance at the recent Central California Annual Land Use and Planning Law Conference. Vice Mayor Settle reported on his attendance at the Cal LAFCO seminar on Senate Bill 375 (related to green house gas emissions). Council Member Ashbaugh reported on his attendance at the recent Chamber of Commerce Legislative Luncheon. Following a brief discussion, Council directed staff to prepare a memo reporting on the League's position related to the ballot measures that will be voted on at the May 19 special statewide election. Council Member Ashbaugh reported on a recent Homeless Services Council meeting, as well as his attendance at Downtown Association Breakfast last week. Mayor Romero reported on the activities of the Performing Art Center Facilities Committee. r a City Council Meeting Page 8 Tuesday, April 7, 2009 COMMUNICATIONS At the initiation of Council Member Marx, a brief discussion ensued regarding the length of City Council meetings and whether it would be feasible to start them earlier than 7:00 p.m. on a regular basis. However, there was no consensus to change the regular meeting start time. Vice Mayor Settle commented on the impact the number of businesses that are closing, as well as the reduction in sales and property taxes, will have on the City's budget process and the need to take these into consideration during the budget analysis. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:30 p.m. Audrey Hooper City Clerk APPROVED BY COUNCIL: 05/19/09 DRAT D