HomeMy WebLinkAbout01/05/19931
1
MINUTES
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 6, 1993 - 6:15 P -M-
COUNCIL CHAMBER - .CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members
Present: Penny Rappa, Dave Romero, Alien K. Settle, Vice -Mayor Bill Roalman
and Mayor Peg Pinard
Absent: None
City Staff
Present: John Dunn,. City Administrative Officer, Jeff Jorgensen, City Attorney;
Ann Slate, Personnel Director
Council convened in closed session to discuss personnel Issues and continued the discussion to date
certain January 199 1993.
6:50 P.M. Mayor Pin ard convened the session to regular meeting.
D e R. G dwell 1ty Clark
APPROVED BY COUNCIL 2/16/93
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City Council Meeting Page 2
Tuesday, January 5, 1993 - 7:00 P.M.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY S. 1993 - 7:00 P.M.
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council Members
Present: Penny Rappe, Dave Romero, Allen K. Settle, Vice -Mayor Bill Roalman
and Mayor Peg Pinard
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City
Administrative Officer; Jeff Jorgensen, City Attomey; Diane Gladwell,
City Clerk; Wayne Peterson, Acting Public Works Director; Amold
Jonas, Community Development Director; Bob Neumann, Fire Chief;
Ann Slate, Personnel Director, Jim Gardiner, Police Chief; Jim Stockton,
Recreation Director
Jeff Jomensen. City Attomey reported on the closed session discussion conceming personnel issues.
Council continued the discussion to 1/19/93.
PUBLIC COMMENT
P.C.I. Marcella Martin spoke about police harassment.
CONSENT AGENDA
Moved by Settle /Romero. The consent Calendar was unanimously approved as recommended by the
City Administrative Officer with the exception of C-7, C-8, and C-10 as noted.
C-1 COUNCIL MINUTES
Council considered adoption of the following minutes:
Monday, November 30, 1992 at 12:00 Noon;
Tuesday, December 1, 1992 at 7:00 p.m.; and
Tuesday, December 8, 1992 at 7:00 p.m.
Moved by Settle /Romero, to adopt the minutes; motion carried (5-0).
C-2 CONTRACT PAY ESTIMATES
' Council considered contract pay estimates and change orders.
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Tuesday, January 5, 1993 - 7:00 P.M.
Moved by Settle(Romero to approve and ordered paid; motion carried (5-0).
C-3 TRAFFIC SIGNAL CHANGE ORDER (File No. CP T -14C)
Council considered contract change order No. 1 in the amount of $10,781.35 to Lee Wilson Electric,
and a budget amendment request transferring $4,600 from the project account for the
Madonna /Oceanaire signal upgrade.
Moved by Settle /Romero to approve contract change order and transfer from Madonna /Oceanaire
signal upgrade project account; motion carried (5-0).
C-4 UNREINFORCED MASONRY MITIGATION PROGRAM (File No. 707)
Council considered giving final passage to an ordinance amending the Municipal Code to clarify
Seismic Zone to be used for required structural analysis of unreinforced masonry (URM) buildings.
(Continued from 11/17/92 and 12/15/92.)
Moved by Settle /Romero.to give final passage to Ordinance No. 1230; motion carried (5-0).
C-5 URBAN STREAM RESTORATION GRANT (File No. 596)
Council considered the grant application submitted by Central Coast Salmon Enhancement, Inc.
naming the City of San Luis Obispo as grant cosponsor.
Moved by Settle /Romero to adopt Resolution No. 8103 endorsing the application; motion carried (5-0). 1
C-6 SLO UTTLE THEATER LEASE AGREEMENT (File No. 857)
Council considered an agreement with the San Luis Obispo Little Theater for the lease of City - owned
property at 888 Morro Street (old Ubrary building).
Moved by Settle /Romero to approve agreement (A- 02- 93-CC) and authorize Mayor to execute the
agreement; motion carried (5-0).
C-7 RECORDS RETENTION POUCY (File No. 155)
Council considered establishing a records retention policy for the Finance and Personnel
Departments.
Council expressed concern over utilizing the landfill to dispose of records.
Moved by Pinard /Settle to approve records retention schedule and direct staff to return with disposal
and recycling alternatives; motion carried (5-0).
C-8 RISK MANAGEMENT ANNUAL REPORT (File No. 180)
Council considered the Annual Risk Management Report for Fiscal Year 1991 -92.
Council was assured that the insurance coverage on Page 9 was obtained by the bid process.
Moved by Raooa /Roalman to receive and file the report; motion carried (5-0).
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Tuesday, January 5, 1993 - 7:00 P.M.
1 C-9 PERS HEALTH CARE UPDATE (File No. 641)
Council considered approving an agreement with PERS Health Care to provide health insurance for
City employees.
Moved by Settle /Romero to adopt Resolution No. 8104; motion carried (5-0).
C-10 . CAL POLY WATER AND SEWER RATE AGREEMENTS (File No. 1161)
Council considered agreements with Cal Poly regarding Water and Sewer rates and Optional Equity
Interest in Water and Sewer Systems, and a Memorandum of Understanding (MOU) regarding Water
and Sewer Rates and Systems.
LaVerne Schneider. 1356 Marsh Street, stated that Cal Poly's rates had been far too low and urged
Council to have them pay their fair share.
After questioning, Bill Statler. Finance Director, stated the proposed rates assumed no equity interest
and applied the city standard structure modified by a ratio.
Moved by Pinard /Romero to approve agreements (A-03-93-CC and A- 04.93 -CC) and MOU; motion
carried (54).
C-11 TRANSIT COACH PURCHASES (File No. 541)
Council considered approving a contract with Bus Industries of America in the amount of $553,410
for the construction and acquisition of two CNG powered transit coaches, a Memorandum of
Understanding (MOU) of an Expedited Payment Process, and appropriation of $38,410 from the Transit
Fund to be applied toward this purchase.
Moved by Settle /Romero to approve agreement jA -05- 93-CC) and MOU; motion carried (5-0).
C-12 WATER TREATMENT PLANT MATERIALS TESTING (File No. WTR-92 -008)
Council considered a Request for Proposals (RFP) for "Material Testing Services" for the Water
Treatment Plant Upgrade Project, SPCN #WTR- 92-008, estimated to cost $30,000.
Moved by Settle /Romero to approve RFP, authorize solicitation of proposals and CAO to award
contract jA -06.93 -CC); motion carried (5-0).
C-13 TRANSPORTATION PARTNERSHIP PROGRAM (File No. 531)
Council considered a State -Local Transportation Partnership Master Agreement to encourage the
expenditure of local funds for street improvement projects.
Moved by SettleJRomero to adopt Resolution No. 8105 approving Master Agreement (A -07- 93 -CC);
motion canted (5-0).
1 C-14 COMMEMORATIVE BENCH (File No. 477)
Council considered a Commemorative Bench Program cosponsored by the City and the Business
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Tuesday, January 5, 1993 - 7:00 P.M.
Improvement Association.
Moved by Settle /Romero to adopt Resolution No. 8106; motion carried (5-0).
COUNCIL LIAISON REPORTS
C.L.R.1. Council Member Raooa reported on the following upcoming meetings: 1) Unmet Transit
Needs Meeting tomorrow atthe County, 2) Transportation Funding Workshop regarding COG program
grants on January 20 (1:30 p.m. in the Library Community Room), and 3) Division League Meeting in
Buelfton on January 22 regarding working with State Legislators.
PUBLIC HEARINGS
1. APPEAL - MASSAGE THERAPY HOME OCCUPATION PERMIT (File No. 407)
Council held a public hearing to consider an appeal by Mary Hunt of a Planning Commission action
to deny a home occupation permit for a massage therapist at 3057 S. Higuera Street (Chumash Village
Mobile Home Park); Mary Hunt, applicant.
Arnold Jonas. Community Development Director, reviewed reports in the efforts to mitigate traffic and
parking impacts.
Mayor Pinard declared the public hearing open.
Mary Hunt, the applicant, stated that she had been practicing as a student massage technician for the
last five months, presented a petition In support of her application, and denied allegations of negative
parking impacts
Harold Heidler. President of the Chumash Homeowners Association, stated that the park had no
sidewalks and narrow streets; the park contained many seniors and clients driving in and out of the
park and parking in their spaces were causing negative impacts.
Ruth Wirlev. Secretary to the Board of Directors, stated that they were trying to upgrade the mobile
home park; businesses that bring people into the park was a problem.
Lane Stadler. from Chumash, spoke in favor of the applicant stating that the City had well thoughtout
compromises.
Mayor Pinard declared the public hearing closed.
Council discussed issues relating to the placement of the business and land use issues. Issues
including the encouragement of mixed uses, the fact that home occupation was not prohibited in an
ordinance, whether the use would be detrimental to the mobile home park, and the use being unique
because it brings offsite people into the neighborhood were discussed.
Moved by Settle /Roalman to adopt Resolution No. 8107 denying the appeal; motion carried (3-2,
Council Members Rappa and Romero voting no).
2. SONIC CABLE FRANCHISE OBJECTIVES (File No. 143)
Council held a public hearing to consider cable television franchise objectives.
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Tuesday, January 5, 1993 - 7:00 PM
Ken Hampian. Assistant City Administrative Officer, and Deb Hossli. Administrative Analyst, reviewed
the process that allowed them to arrive at the recommended renewal objectives.
Carl Pelsnick. President of Telecommunications Management Corporation, gave background
pertaining to cable law, technical issues and the result of the focus groups the City held. He stated
that people were interested in low rates and not alot of "bells and whistles ".
Mayor Pinard declared the public hearing open.
Enrico Bonio. 2075 Sierra Way, spoke against the large number of channels and felt that the FCC will
cause rates to go up.
Ben Duckworth. 1740 Jalisco Court, stated that marry cities have rates below San Luis Obispo's.
Imogene Uoin, from the Village, wanted to know if other cable companies besides Sonic could be
considered.
Carl Pelsnick responded that the federal law requires that the City negotiate with the existing cable
company first and then allow others to compete.
Tom Friedman. 1012 Vista Coliados, stated that in fifteen years our system will be obsolete and that
we should install our own fiber optics to use for our purposes.
Roy Hanff. 517 Lawrence Drive, stated that he liked the concept of having a senior citizens rate that
was just the basic service and Indicated that other cities also have lower charges.
Mayor Pinard declared the public hearing closed.
Carl Pelsnick related to Council where the City could regulate rates, impacts of the new cable bill,
regulation on the basic tier and how that will be defined by the FCC. Upon questioning, he discussed
the three aspects of public access: 1) government use, 2) educational programming, and 3) closed
circuit broadcasts.
Issues pertaining to fiber optic cable and owner placement in commercial and residential areas were
discussed. Requests were made for basic senior value rate.
Moved by SettlefRaooa to adopt Resolution No. 8108 establishing franchise objectives for the
upcoming cable franchise negotiations; motion carried (5-0).
3. WATER TREATMENT PLANT MODIFICATIONS (File No. CP S-39M)
Council considered accepting the withdrawal of the low bid from Mingus Constructors and awarding
a contract for "Water Treatment Plant Modifications," City Plan No. S-39M to R.P. Richards in the
amount of $8,510,000, and approving project construction budget totalling $9,855,700 including
construction management and contingencies.
John Moss. Acting Utilities Director, reviewed the staff report.
Council had questions relating to the timing with the water /rate structure that was to be heard on
January 12, 1993, the requirements from the state and the compliance date of June 1993, the fact that
the City has paid heavy fines to the state for past violations, allowing the contract to complete in a
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Tuesday, January 5, 1993 - 7:00 P.M.
timely manner, technical issues relating to water treatment, other cities' practices, and excess capacity
dictated by state intervention. Council also discussed cost factors and the impact to rate payers.
Moved by Romero/Rappa to accept the withdrawal, approve contract (A- 08-93 -CC) and budget; motion
carried (3-2, Council Member Settle and Mayor Pinard voting no).
4. WATER RECLAMATION FACILITY WELL (File No. T -35L)
Council considered plans and specifications for °Non - Potable Well at Water Reclamation Facility," City
Plan No. T -35L, estimated to cost $25,000 including contingencies.
John Moss. Acting Utilities Director, reviewed the report and stated that this was testing for yield only
and not geared toward future water uses.
Council suggested using the °best guess" approach and waiting until Fish and Game does the testing
to come up with more accurate numbers.
John Moss stated that the testing would avoid a challenge to the EIR, the location of the well was
excellent, and it would enable them to meet the seasonal peak demand during the summer.
Council discussed issues relating to the EIR, potable and non - potable water, and other potential uses.
Council suggested using the most generous assumption from the EIR, then discussed impacts on the
reclaimed water program, and the timing of the project.
Moved by Settle /Romero to postpone the project indefinitely; motion carried (5-0).
5. FIRE STATION /RECREATION ADMINISTRATION BUILDING (File No. 92-04)
Council considered a contract with Ross Levin Maclntyre & Vamer Architects in the amount of
$295,000 for architectural services, and a contract with Vanir Construction Management, Inc. in the
amount of $49,041 for construction management services for the new Fire Station /Recreation
Administration Building.
Bob Neumann. Fire Chief, reviewed the proposed contract.
Council discussed issues relating to incentives and penalties for timely construction, financing
alternatives, timing of the project, impacts on Fire services in the event of an earthquake in the
present building, and the debt service ratio for the City which is well within credit analysis "rule of
thumb". Council discussed the importance of the facility and the fact that it had been the number one
priority of the last several Councils and the timing of debt financing. Bill Statler. Finance Director,
stated debt financing would be brought in after the project design.
Moved by Settle /Rapoa to approve contracts (A- 09 -93-CC and A- 10- 93 -CC); motion carried (5-0).
S. MANAGEMENT POSITION VACANCIES (File No. 663)
Council considered management position vacancies.
Council discussed issues relating to bringing a new person on board and bringing him up to speed, '
the possibility of adding another layer of review for the housing element, the consultant's report that
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Tuesday, January 5, 1993 - 7:00 PM
stated that the structure was the most efficient, the percentage of managers to workers, and financial
Implications.
Moved by Roalman /Romero to authorize appointments; motion carried (3-2, Council Member Settle
and Mayor Pinard voting no).
COMM.1. DEVELOPMENT REVIEW PROCESS (File No. 402)
Council considered a request by Council Member Romero that staff be directed to conduct a detailed
in-house analysis of development review operations and submit a report with recommendations within
90 days. After discussion and upon general consensus, Council deferred this issue to the next
Budget Goal- Setting Study Session scheduled to be held on January 25 and 26, 1993.
COMM.2 Vice Mayor Roaiman reported that the Board of Supervisors has allocated water to the
development of the Airport Area and southern San Luis Obispo. Staff directed to clarify the process
necessary for an environmental determination and return to Council at next regular meeting (1 /19/93).
11:20 PM Mayor Pinard declared a recess to closed session regarding labor relations.
11:39 PM Council reconvened in open session; all Council Members present and reported that there
had been no action taken.
' 11:40 PM there being no further business to come before the Council, Mayor Pinard adjourned the
meeting to date certain Tuesday, January 12, 1993 at 7:00 P.M.
APPROVED BY COUNCIL- 2/16/93 I
e R. Gladwell, Irdy Clerk
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MINUTES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 12, 1993 - 7:00 PM
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council Members
Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice -
Mayor Bill Roalman and Mayor Peg Pinard
Absent: None