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HomeMy WebLinkAbout06/21/2005MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 21, 2005 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle, Vice Mayor John Ewan and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; Paul LeSage, Parks and Recreation Director; Tim Bochum, Deputy Director of Public Works; Betsy Kiser, Principal Administrative Analyst; Austin O'Dell, Transit Manager; Neil Havlik, Natural Resources Manager; Rick Crocker, Police Sergeant PRESENTATIONS ' Mayor Romero presented a proclamation to Karen Wrangle representing the Mount Carmel Lutheran Church for housing the homeless population while the Homeless Shelter was closed for renovation. Kathryn Manning, EOC Homeless Services, expressed appreciation for the public recognition of the Church and noted the renovations that are occurring at the Shelter. Mayor Romero presented a proclamation supporting "Preface & SLO City Reads Program 2005," to Patricia Ponce, Preface and SLO City Reads Program Coordinator, CalPoly, Sandee Ogren, Vice President for University Advancement, Cal Poly; and Brian Reynolds, Moe McGee and Judy Rohr, SLO City- County Library. Brian Reynolds, Library Director, expressed appreciation for the recognition and briefly discussed this year's program and Patricia Ponce urged the public to read the book, Kite Runner. PUBLIC COMMENT Brett Cross, San Luis Obispo, discussed the need for a 1/4 cent sales tax measure and suggested that the funds should be designated for the following categories: Laguna Lake dredging, a community center, park land acquisition, open space acquistion, and park capital project uses (including a new swimming pool, tennis courts, and skate park/BMX course). He also suggested the tax measure should include a ten -year sunset clause. Council Member Brown confirmed, for the record, that Mr. Cross was supportive of a 1/2 cent sales increase. City Council Meeting Page 2 Tuesday, June 21, 2005, 7:00 p.m. CAO Hampian clarified that no decision has been reached regarding a sales tax measure and no amount has been set at this time, although it was thought it could be up to a 1/2 cent. Cindy Calabrese. San Luis Obispo, expressed concern regarding the condition of Rosemary Park since the City assumed responsibility for its maintenance. She circulated photographs depicting her concerns and asked for assistance in repairing the equipment and improving the maintenance. Gary Fowler. San Luis Obispo, expressed appreciation to the Public Works staff for the timely removal of poles and signs in front of the County building and for the timely replacement of lights in the Downtown area. He, however, spoke in opposition to past action raising the rent at the Recreation Center which he thought forced the Boy Scouts out of that facility. It was clarified that it was not the increase in rent that precipitated the Boy Scouts moving elsewhere. They left willingly for other reasons. APPOINTMENTS Al. APPOINTMENTS TO THE ELECTION CAMPAIGN REGULATIONS REVIEW COMMITTEE. City Clerk Hooper reported on this item. She explained that there is a sunset clause in Chapter 2.40 of the Municipal Code, Election Campaign Regulations that requires the appointment of a citizens committee every four year for the purpose of reviewing and reporting findings to the Council related to the efficacy of the regulations. After reviewing the list of nominees submitted by Council Members, recommendations are being made by a subcommittee of Mayor Romero and Vice Mayor Ewan for appointment. In response to an inquiry by Gary Fowler. San Luis Obispo, it was noted that this committee is an advisory committee rather than a standing committee and so it is not appropriate that it be added to the City's list of advisory bodies. Council Member Mulholland requested that the Committee be directed to review, in particular, Sections 2.40.050, (Contributions) and 2.40.055 (Independent Expenditures) in light of concerns raised in the November 2004 election related to money coming from out of state donors. She also asked that correspondence between residents and the City Attorney related to campaign financing for this election be provided to the Committee. Council Member Settle added that there is a need for clarification regarding committees designated as form 527 filers and how the City's regulations affect those committees. Council Member Brown asked that the Committee review the feasibility of streamlining reporting dates and establishing them to coincide with those of the State. Mayor Romero expressed confidence in the experience and qualifications of the recommended Committee members. Vice Mayor Ewan asked the reporting limit be changed from $25 or more to $25 or less. ACTION: Moved by Ewan/Settle to appoint GlennaDeane Dovey, Matt Mackey, Pierre Rademaker, Ken Schwartz and Dodie Williams to the Election Campaign Regulations Review Committee. Council also moved to provide the following direction to staff and the Committee: 1) The Committee should review Sections 2.40.050, (Contributions) and 2.40.055 (Independent Expenditures) in light of City Council Meeting Page 3 Tuesday, June 21, 2005, 7:00 p.m. concerns raised in the November 2004 election related to money coming from out of ' state donors. 2) Staff should provide the Committee with correspondence from the November election between residents and the City Attorney related to campaign financing. 3) Clarification should be made related to committees identified as 527 filers and how the City's campaign finance regulations affect these committees. 4) The Committee should review the feasibility of streamlining reporting dates and establishing them to coincide with those of the state. 4) Consideration should be given to revising the reporting limit from $25 or more to $25 or less; motion carried 5:0. A2. ACTION: Moved by Romero /Mulholland to nominate Hosia M. Towery to serve a second two -year term, July 1, 2005, through June 30, 2007, as the City of San Luis Obispo's representative to the Central Coast Commission for Senior Citizens Area Agency on Aging Board of Directors; motion carried 5:0. CONSENT AGENDA Council Member Settle stated that he will recuse himself from item C -12 because he owns property within the vicinity of the project. City Attorney Lowell reported that because item C -12 does not involve the issue of dredging, which would involve a broader area of the Laguna Lake Park, Councilmembers Brown and Mulholland may participate in the action. 1 Council Member Mulholland referenced the red file item containing modifications to the minutes and clarified that the wont "seven" in the last paragraph of the red file (June 7 minutes) should actually be "several." Council Member Mulholland referred to item C -12 and asked that the availability of the "mutt mitts" be brought clearly to the attention of dog owners. She suggested that some creative steps should be taken to get dog owners to assist the City in paying for the mitts. Vice Mayor Ewan suggested that pet store owners and pet service providers should be contacted to help sponsor the mitts. C1. ACTION. Moved by Brown/Ewan to approve the Consent Agenda, with the exception of item C-12, as recommended by the City Administrative Officer; motion carried 5:0. Motion for item C-12 carried 4:0:1 (Settle recused). ACTION: Moved by Brown/Ewan to waive oral reading and approve with the following modifications: 1) June 2, 2005 - page 3, last paragraph: the word "contradictions" will be replaced with the phrase "unreasonable standards proposed." 2) June 7, 2005 - page 5, the sentence, "She pointed out that for the last 1 several years the commercial growth rate had far exceeded 5% "will be added to comments made by Council Member Mulholland. 3) June 7, 2005 - page 7, the word City Council Meeting Tuesday, June 21, 2005, 7:00 p.m. Page 4 "individual" will be inserted prior to the word "Spanish" and necessary grammatical changs will be made; motion carried 5:0. C2. EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9692 (2005 Series) approving the contracts of employment between the City of San Luis Obispo and the Downtown Association Administrator and Promotions Coordinator; motion carried 5:0. C3. SWIM CLUB CONTRACT. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9693 (2005 Series) approving a contract between City of San Luis Obispo and Seahawk Swim Club effective July 1, 2005, to June 30, 2006, for the us•e of the SLO Swim Center; motion carried 5:0. C4. AMENDMENT TO THE JOINT USE AGREEMENT. ACTION: Moved by Brown/Ewan to as recommended by the Joint Use Committee (JUC) and the Parks and Recreation Commission, adopt Addendum No. 1 to the Joint Use of Facilities Agreement between the City of San Luis Obispo and the San Luis Coastal Unified School District; motion carried 5:0. C5. NAMING THE BATTING CAGES AT SINSHEIMER PARK. ACTION: Moved by Brown/Ewan to approve naming the batting cages in Sinsheimer Park "The Maino Family Batting Cages "; motion carried 5:0. C6. APPROPRIATIONS LIMIT FOR 2005 -06. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9694 (2005 Series) establishing the City's appropriations limit for 2005 -06; motion carried 5:0. C7. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9695 (2005 Series) authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved; motion carried 5:0. C8. COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING CITY PARTICIPATION IN THE URBAN COUNTY FEDERAL GRANT PROGRAM FOR PROGRAM YEARS 2006 THROUGH 2008. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9696 (2005 Series) approving the Cooperation Agreement and authorize the Mayor to sign the agreement; motion carried 5:0. C9. JANITORIAL SERVICE CONTRACT EXTENSIONS AND AMENDMENT NO.2 TO 1 JANITORIAL SERVICE, SPECIFICATION NO. 90201. 1 City Council Meeting Tuesday, June 21, 2005, 7:00 p.m. Page 5 ACTION: Moved by Brown/Ewan to 1. Approve Amendment No. 2 to Specification No. 90201 to extend the contract for Excel Cleaning through June 30, 2007, and to increase the contract amount by $2,210 per month to furnish new janitorial services at three Police Department locations. 2. Approve Amendment No. 3 to Specification No. 90201 to extend the contract for Service Master through June 30, 2007. 3. Authorize the Mayor to execute the contracts; motion carried 5:0. C10. SURPLUS CITY PROPERTY STRUCTURES AT 1049 ORCUTT ROAD, SPECIFICATION NO. 99608A_ ACTION: Moved by Brown/Ewan to adopt Resolution No. 9697 (2005 Series) declaring buildings at 1049 Orcutt Road surplus property. 2. Approve specifications for Sale and Removal of Surplus City Property Structures at 1049 Orcutt Road, Specification No. 99608A. 3. Authorize staff to advertise for bids for abatement and demolition, and authorize the CAO to execute the agreement with the highest bidder; motion carried 5:0. C11. AMENDMENT OF THE HUMAN RELATIONS COMMISSION BYLAWS. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9698 (2005 Series) amending the by -laws of the HRC by moving appointment dates from October 1� to April 1st to coincide with all the other City advisory bodies, and extending the terms of the three commissioners whose terms expire September 30, 2005, to March 31, 2006; motion carried 5:0. C12. LAGUNA LAKE PARK MASTER PLAN. C13. C14. C15. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9699 (2005 Series) amending the Laguna Lake Park Master Plan by: 1. Removing the Adventure Playground and Pond Elements. 2. Adding a permanent Off Leash Dog Area. 3. Adding a Disc Golf Course; motion carried 4:0:1 (Settle recused). ACTION: Moved by Brown /Ewan to introduce Ordinance No. 1473 (2005 Series) amending the San Luis Obispo Municipal Code to add Section 8.14.085 to provide that compliance with all local, state and federal tobacco - related laws shall be a condition of a tobacco retailer license and that it shall be a violation of a City tobacco retailer license for a licensee or his or her agents or employees to violate any local, state or federal tobacco - related law; motion carried 5:0. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9700 (2005 Series) authorizing the CAO to submit a grant for 2006 State Transportation Enhancement Activity Funds for the SPRR Freight Warehouse Rehabilitation Project — Phase II; motion carried 5:0. RESERVOIR NO. 1/MIOSSI ROAD TRANSMISSION MAIN PROJECT: SPECIFICATION. NO. 99211. City Council Meeting Tuesday, June 21, 2005, 7:00 p.m. Page 6 ACTION: Moved by Brown/Ewan to 1. Award a contract to and authorize the Mayor to execute a contract with Specialty Construction, Inc. of San Luis Obispo in the amount of $731,013.50 for: "Reservoir No. 1 /Miossi Road Transmission Main Project, Specification No. 99211." 2. Approve transfer of $743,400 from the Water Distribution Improvements fund to the project account. 3. Appropriate $76,600 from Water Fund working capital for the remainder necessary to fund this project; motion carried 5:0. C16. AWARD WRF DAFT REPAIR PROJECT, SPECIFICATION NO. 90461. ACTION: Moved by Brown/Ewan to 1. Award the contract for the "WRF DAFT Repair Project," Specification No. 90461, to Spiess Construction Company in the amount of $232,090. 2. Authorize the transfer of an additional $25,000 from WRF Major Equipment Maintenance to the project account for contingencies and other project related costs; motion carried 5:0. PUBLIC HEARINGS PUBLIC HEARING TO CONSIDER REQUEST FROM BEACH CITIES TAXI CAB TO INCREASE ITS PER MILE FEE. Transit Manager O'Dell presented the staff report. He discussed the reason this matter is before Council, and the justification for the proposed increase. Mayor Romero opened the public hearing. No comments were offered and Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9701 (2005 Series) approving a request from Beach Cities Taxi Cab to modify its schedule of rates; motion carried 5:0. 2. 2005 — 07 FINANCIAL PLAN. Finance Director Statler presented the staff report. He referenced the hearings held to date, provided a brief overview of the proposed budget as well as an overview of the items indicated below on which Council is being asked to act at this meeting. Mayor Romero opened the public hearing. Jody Fry , San Luis Obispo, spoke in opposition to the $50 per car charge for non -injury accidents, the EMT charge and a reduction in the number of police officers. CAO Hampian explained that citizens would not be required to pay for paramedic services. Ann Ream, representing the Arts Council, said the Arts Council had previously submitted a letter requesting that the public art component not be reduced. However, after many discussions, they recognized the need to support the Council in its action and are now supportive of the Financial Plan. Gary Fowler, San Luis Obispo,spoke in opposition to the towing release fee, the fee for police investigation of accidents, and rental inspection fees. r 1 1 City Council Meeting Tuesday, June 21, 2005,7:00 p.m. Mayor Romero closed the public hearing. Page 7 Police Chief Linden clarified the purpose of the police investigation fee and explained that it is for collisions involving property damage only. She expressed the City's reluctance to cut public safety positions, but explained the need to eliminate this vacant position. 3. A. ORDINANCE ESTABLISHING BUSINESS LICENSE PROGRAM. ACTION: Moved by Brown /Mulholland to introduce Ordinance No. 1474 (2005 Seriesl establishing a business license program; motion carried 4:1 (Settle opposed). B. ADOPTION OF FEE AMENDMENTS. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9702 (2005 Series) amending the City's master fee schedule; motion carried 4:1 (Settle opposed). C. ADOPTION OF 2005 -07 FINANCIAL PLAN. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9703 (2005 Series) approving the 2005 -07 Financial Plan and 2005 -06 Budget; motion carried 5 :0. BUSINESS ITEMS Police Chief Linden introduced Sergeant Crocker who presented the staff report. Sergeant Crocker's presentation included a review of Council's authority to designate taxicab stands, the benefits of doing so, the proposed hours of use, regulatory signs that would be installed to designate the locations, considerations given in developing the proposed locations, a list of the proposed locations and establishments that would likely be served, and the fiscal impact to implement this program. He also discussed the support the City has received for this proposal and how it would be enforced. Staff responded to questions. Public Comments Gary Fowler. San Luis Obispo, spoke in support of the proposal and suggested that signs be installed indicating that these are tow away zones. Adam Fuiushima, Bicycle Coalition, also spoke in support of the proposal. –end of public comments — Council Members commented briefly in support of the proposal. ACTION: Moved by Settle/Mulholland to introduce Ordinance No. 1475 (2005 Series amending Section 5.20.260 of the San Luis Obispo Municipal Code to grant the Director of Public Works, or his or her designee, authority to designate Taxicab Parking Zones; motion carried 5:0. City Council Meeting Page 8 Tuesday, June 21, 2005, 7:00 p.m. 4. 2005 -2006 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID (GIA) FUNDING RECOMMENDATIONS. Human Resources Director Irons and HRC Chair Nichols presented the staff report. Their presentation included the purpose of the programs, the timeline, GIA funding priorities, a comparison of the applications received and grants made in 2004 with those in 2005, and reasons for the recommendations. Public Comments None. —end of public comments— Council Members acknowledged the HRC for their efforts on behalf of this program. ACTION: Moved by Mulholland/Ewan to approve the HRC GIA recommendations for 2005 -06 fiscal year, and authorize the City Administrative Officer to execute agreements with each GIA recipient for 2005 -2006 as outlined in the GIA Summary of Recommendations. Also include any modifications made by the City Council; motion carried 5:0. 5. 2005 -06 PROMOTIONAL COORDINATING COMMITTEE (PCC) GRANTS -IN -AID (GIA) RECOMMENDATIONS. Principal Administrative Analyst Kiser introduced PCC Chair Wilda Rosene and members Louise Justice and Diane Hunt - Roberts. PCC Chair Rosene presented the staff report. She reviewed the PCC GIA process, the timeline, selection criteria and funding guidelines. She explained that the Central Coast Children's Choir requested special consideration of its application. However, because the application was incomplete, funding was not recommended for the Choir. She asked Council to approve the PCC and CAO recommendations. Public Comments Beth Klemm. Central Coast Children's Choir, asked Council to give special consideration to the Choir's request for funding since the grant application contained all information necessary for consideration; i.e., only the signatue page had not been submitted. Debbie Dye, Central Coast Children's Choir, also asked for special consideration to the Choir's request. —end of public comments— In response to Council's questions, PCC Chair Rosene explained that the Central Coast Children's Choir was not the only application denied because it was deemed incomplete, and said that the Commissioners felt strongly about its need to uphold the criteria for submittal of the grants. During the ensuing discussion, Mayor Romero and Council Member Settle indicated their support of the funding, Council Members Brown and Mulholland deferred to the City Council Meeting Tuesday, June 21, 2005, 7:00 p.m. Page 9 recommendation of the PCC, and Vice Mayor Ewan suggested partial funding in the amount of $1,250 as a compromise. ACTION: Moved by Mulholland/Brown to approve the 2005 -06 Grants -in -Aid (GIA) and authorize the City Administrative Officer to execute agreements with each grant recipient as described in the 2005 -06 PCC Grant Summaries (Attachment 1), inclusive of any modifications made by the Council; motion failed 2:3 (Ewan/Settle/Romero). ACTION: Moved by Ewan /Settle to approve the 2005 -06 Grants -in -Aid (GIA) and authorize the City Administrative Officer to execute agreements with each grant recipient as described in the 2005 -06 PCC Grant Summaries (Attachment 1), including a grant of $1,250 to the Central Coast Children's Choir; motion carried 3:2 (MulhollandBrown opposed). Vice Mayor Ewan reported that because he has consulted with Congregation Beth David, he will recuse himself on this item. He left the dais at this time. 6. AUTHORIZATION OF THE ACCEPTANCE OF AN OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT ON A 62.5 ACRE PORTION OF THE CONGREGATION BETH DAVID PROPERTY ON LOS OSOS VALLEY ROAD. Natural Resources Manager Havlik presented the staff report. He displayed a map and photographs of the site, discussed some of the conditions for the acceptance, and responded to Council's questions. Public Comments None. —end of public comments— Council Member Mulholland discussed her concerns related to the annual degredation of the water hole and the impact of the cattle on nesting birds and other wildlife. She stated her hope that this area can be fenced in the near future to keep the cattle away from it and that the property will be enhanced by the eventual removal of the cattle. ACTION: Moved by Settle/Brown to adopt Resolution No. 9704 (2005 Series authorizing the Mayor to accept the dedication of a conservation easement covering a 62.5 acre portion of the approximately 92 acre Congregation Beth David property, located at the intersection of Los Osos Valley Road and Foothill Boulevard, and subject to non - substantive changes approved by the City Attorney; motion carr ied 4:1 (Ewan absent). Vice Mayor Ewan returned to the dais at this time. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the June 8'" County Water Resources Advisory Committee meeting. She also reported on her attendance at the Jack House Committee meeting on June 8h. 1 Vice Mayor Ewan reported on his attendance at the Downtown Association meeting last week. City Council Meeting Tuesday, June 21, 2005, 7:00 p.m. Page 10 Council Member Settle reported on his attendance at the Facility Meeting for the Performing Arts Center. He indicated he will be attending an upcoming meeting of the Revenue Taxation Committee. Council Member Brown reported on his attendance at the annual dinner of the Cultural Heritage Committee at the Jack House. He indicated that he has been appointed the Chair of the EOC Audit Committee. Mayor Romero reported on the June a SLOCOG meeting. (His written report is on file in the City Clerk's office.) Council Member Settle reported on his attendance at the Channel Counties Division meeting. COMMUNICATIONS None. There being no further business to come before the City Council, . Mayor Romero adjourned the meeting at 9:14 p.m. to a regular meeting to be held on Tuesday, July 5, 2005 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. - ,),, 24 Audrey Hooper City Clerk APPROVED BY COUNCIL: 7/5/2005 r