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HomeMy WebLinkAbout06/19/2007City Council Meeting Page 1 Tuesday, June 19, 2007 - 6:30 p.m. MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 19, 2007 — 6:30 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 CLOSED SESSION Mayor Romero announced the following Closed Session topics, after which Council adjourned to the Closed Session. 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Irons Employee Organization: San Luis Obispo Police Staff Officer's Association (SLOPSOA) 2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Pursuant to Government Code § 54957 Closed Session adjourned at 7:00 p.m. to a regular meeting. City Attorney Lowell reported on the Closed Session during the regular meeting. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 19, 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; Bill Statler, Finance Director; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; John Callahan, Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, ' Parks and Recreation Director; Neil Havlik, Natural Resources Manager; Barbara Lynch, City Engineer; Karen Jenny, Risk Manager City Council Meeting Tuesday, June 19, 2007 - 6:30 p.m. Page 2 Mayor Romero called for a moment of silence in honor of the firefighters who died in a fire in Savannah, Georgia. City Attorney Lowell reported that the Closed Session was held during the Special meeting. Regarding the conference with its Labor Negotiators, Council provided direction; there was no further reportable action. Regarding the conference regarding Public Employee Discipline/Dismissal/Release, Council reviewed the findings of the Personnel Board; no further reportable action was taken. INTRODUCTION Finance and IT Director Statler introduced IT employee Jason Takagi, who has been appointed to the position of IT Technician II. Mayor Romero announced that the City is looking for volunteers to serve on the Housing Authority, Joint Use of Recreational Facilities Committee, and Parks and Recreation Commission. Information on these vacancies is available in the City Clerk's office. Mayor Romero presented Gary Lamprecht, Director of the SLO Vocal Arts Ensemble and Artistic Director of the Festival, with a proclamation recognizing June 2007 as San Luis Obispo International Choral Festival Month. �J Fire Chief Callahan presented a Certificate for Exemplary Public Service to Josh Kelly, San Luis Obispo resident, for the life- saving steps he took when a fire occurred at his neighbor's house. APPOINTMENTS 1 Al. NOMINATION TO THE BOARD OF DIRECTORS OF THE CENTRAL COAST COMMISSION ACTION: Moved by Romero /Mulholland to nominate Hosia M. Towery to serve a third two -year term, July 1, 2007, through June 30, 2009, 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. PUBLIC COMMENT Keith Handley and Bob Bedard, operators of McDonald's Restaurants in San Luis Obispo County, asked Council to reconsider the City's policy prohibiting drive - through service windows. (Their statement is on file in the City Clerk's office.) There was not Council consensus to revisit this matter. Arnold Ruiz, San Luis Obispo, discussed the benefits to the community of Laguna Lake and asked Council to make it a priority. He suggested that the community could assist with financing and taking care of the lake. Mayor Romero indicated that Laguna Lake is an ongoing goal of the City's and is in its work plan. City Engineer Lynch added that it is anticipated that this project will be brought to Council in the fall with the initial study. Sifu Kelvin Harrison. San Luis Obispo, spoke about his continuing concerns with personal harassment. City Council Meeting Tuesday, June 19, 2007 - 6:30 p.m. Page 3 Patricia Wilmore, representing the Chamber of Commerce, distributed copies of the Action for Healthy Communities 2006 Indicator Report (on file in the City Clerk's office) which highlights indicators tracking the quality of life in San Luis Obispo County). Steve Barasch, representing Property Owners Association in the Prado Road area, asked Council to consider lowering rates for developments with granny or secondary dwelling units. By consensus, Council directed staff to prepare a memorandum, with a copy to Mr. Barasch, containing information on the number of granny flats or secondary dwelling units that have been built and whether the permitting fee costs are commensurate with the size of units vs, the City resources used. CONSENT AGENDA Council Member Carter referred to item C1 and asked that page 1 of the May 31, 2007, minutes be corrected to show that he opposed the action on the Laguna Lake Golf Course Fund Rate Review. He also referred to item C3, Contact with the San Luis Obispo Swim Club, and said that he will vote against without additional financial information. ACTION: Moved by Mulholland/Settle to approve the Consent Agenda as recommended by the City Administrative Officer, motion carried as indicated below. C1. MINUTES OF MAY 24. 29. AND 31, 2007. ACTION: Moved by Mulholland/Settle to waive oral reading and approve with a correction to the motion on page 1 of the May 31, 2007, minutes (Council Member Carter opposed the motion related to the Laguna Lake Golf Course Fund Rate Review); motion carried 5:0. C2. COLLECTION OF DELIQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9906 (2007 Series) authorizing the San Luis Obispo County Assessor to assess as liens against those properties with delinquent accounts amounts due San Luis Garbage Company for provision of solid waste collection and disposal services pursuant Municipal Code Section 8.04.070. The motion included deletion of parcel number 052 - 011 -025 from the list of properties; motion carried 5:0. C3. CONTRACT WITH THE SAN LUIS OBI_SPO SWIM CLUB, INC. FOR USE OF THE SAN LUIS OBISPO SWIM CENTER. ACTION: Moved by Mulholland/Settle to approve a five -year contract between the City of San Luis Obispo and the San Luis Obispo Swim Club, Inc. for use of the San Luis Obispo Swim Center, and authorize the Mayor to execute the contract; motion carried 4:1 (Carter opposed). C4. ADMINISTERING AGENCY -STATE MASTER AGREEMENTS FOR FEDERAL -AID PROJECTS. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9907 (2007 Series) which provides authorization to the Director of Public Works for executing master agreements for Federal Aid projects, and any subsequent program supplements; motion carried 5:0. C5. EXTENSION OF LEASE AGREEMENT WITH FRED GLICK FOR CITY OWNED PROPERTY IN ACTION: Moved by Mulholland/Settle to approve the Amendment of the lease Agreement with Fred Glick for the City property in Stenner Creek Canyon to extend the Agreement to June 30, 2008, and authorize the CAD to execute the Agreement; motion carried 5:0. City Council Meeting Page 4 Tuesday, June 19, 2007 - 6:30 p.m. C6. EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION ADMINISTRATOR. 1 ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9908 (2007 Series) approving the contract of employment between the City of San Luis Obispo and the Downtown Association Administrator; motion carried 5:0. C7. LEASE AGREEMENT FOR JOHNSON RANCH HOUSE. ACTION: Moved by Mulholland/Settle to approve continued lease of the Johnson Ranch House by City Ranger Doug Carscaden and authorize the City Administrative Officer to execute the new Lease Agreement; motion carried 5:0. C8. REQUEST FOR PROPOSALS— DESIGN SERVICES, SPECIFICATION NO. 90703. ACTION: Moved by Mulholland/Settle to: 1. Approve the Request for Proposals to provide Design Services for the Capital Improvement Program. 2. Authorize the CAO to execute agreements with the selected consulting firms. 3. Authorize the Finance Director to execute Purchase Orders for individual projects to consultants under agreement, in an amount not to exceed the authorized project budget; motion carried 5:0. C9. BUS STOP IMPROVEMENT PROJECT SPECIFICATION NO. 99001. ACTION: Moved by Mulholland/Settle to: 1. Approve plans and specifications for the "Bus Stop Improvement Project Spec. No. 99001 ". 2. Authorize staff to advertise for bids and authorize the CAD to award the contract if the lowest responsible bid is within the engineer's estimate of $125,000; motion carried 5:0. C10. ASPHALT PURCHASING PROCEDURES. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9909 (2007 Series) authorizing Public Works to buy asphalt in volumes valued up to $25,000 per job using "over- the - counter" purchasing procedures and in volumes valued between $25,000 and $100,000 using "open - market" purchasing procedures as described in Section 295 of the City's Financial Management Manual; motion carried 5:0. C11. APPROPRIATIONS LIMIT FOR 2007 -08. ACTION: Moved by Mulholland/Settle to adopt Resolution No.-9910 (2007 Series) establishing the City's appropriations limit for 2007 -08; motion carried 5:0. C12. COMMUNITY ORIENTED POLICING SERVICES (COPS) 2007 TECHNOLOGY GRANT PROGRAM. ACTION: Moved by Mulholland/Settle to: 1. Authorize the Chief of Police to apply for a U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Program Grant in the amount of $234,400 for an upgraded generator at City Hall ($114,700), an emergency cache of portable radios ($112,500) and grant training ($7,200). 2. Approve a cash contribution match of 25% ($58,600) toward the total cost of the approved grant project as required by the granting agency if the grant is awarded to the City; motion carried 5:0. PUBLIC HEARINGS 2007 – 09 FINANCIAL PLAN ADOPTION. 1 City Council Meeting Page 5 Tuesday, June 19, 2007 - 6:30 p.m. CAD Hamaian made some introductory remarks, following which Finance Director Statler presented the staff report. He referenced the hearings held to date, provided a brief overview of the proposed budget, including items A, B and C below, reviewed budget changes directed by Council and noted the Railroad Safety Trail Grant received and an office of Traffic Safety Grant just received from the State of California. Mayor Romero opened the public hearing. The following speakers opposed the rate increases. Chester Zinn, Village Retirement Community resident ( Mr. Zinn read a letter signed by residents of three retirement communities which was submitted to the City Clerk's office last week). Vic Barbosa Tern Mohan, San Luis Obipso Gary Fowler, San Luis Obispo The following speakers supported the Nacimiento water project for a long -term water supply and supported the proposed rate increases. David Garth, representing the Chamber of Commerce Tim Williams, San Luis Obispo Carl Dudley, San Luis Obispo Jeanne Potter, San Luis Obispo Patricia Wilmore representing the Chamber of Commerce Linda Minton, San Luis Obispo Dave Cox, San Luis Obispo Bill Thoma, San Luis Obispo Steve Barasch, San Luis Obispo, inquired about the feasibility of putting a cap on the increases in the future. Mayor Romero closed the public hearing. A. ADOPTION OF WATER RATES FOR 2007 -09. Staff responded to questions raised during the public comment period. Council Members Settle, Brown and Carter, and Mayor Romero discussed the importance of the Nacimiento water project to provide a reliable, long -term water source, particularly in the event of another drought. Vice Mayor Mulholland discussed her continuing opposition to the Nacimlento project and the rate increase related to the project, although she supports increases for maintaining and upgrading existing infrastructure. ACTION: Moved by Settle/Brown to: 1. Adopt Resolution No. 9911 (2007 Series) increasing water service charges by thirteen percent (13 %) effective July 1, 2007, and thirteen percent (13 %) effective July 1, 2008, provided there is not a majority protest against such increases. 2. Adopt Resolution No. 9912 (2007 Series) resetting water meter, valve, and adapter costs, effective July 1, 2007; motion carried 4:1 (Mulholland opposed). Council recessed from 9:08 p.m. to 9:20 p.m. and the meeting reconvened with all members present. B. ADOPTION OF SEWER RATES FOR 2007 -09 AND VOLUME RATE STRUCTURE. City Council Meeting Tuesday, June 19, 2007 - 6:30 p.m. Page 6 Mayor Romero opened the public hearing. Richard Russell, San Luis Obispo, asked Council to move forward with the sewer lateral reimbursement program and responded to questions. (Mr. Russell's statement is on file in the City Clerk's office). Dawn Phillips, San Luis Obispo, spoke in opposition to the increase in sewer rates and raised questions about a reimbursement program for sewer laterals that had to be replaced. Mayor Romero closed the public hearing. Following discussion, Council, by consensus, directed staff to investigate ways in which to approach a retroactive sewer lateral program, including alternative reimbursement levels and strategies, for those laterals replaced during the unfunded program period. Council Member Carter clarified for the record that the need for the increase in sewer rates differs entirely from the need to increase water rates. While water rates are driven by the Nacimiento project, environmental regulations are driving the increase in sewer rates. ACTION: Moved by Carter /Settle to adopt Resolution No. 9913 (2007 Series) increasing sewer service charges by eleven percent (11 %), effective July 1, 2007, and ten percent (10 %) effective July 1, 2008, and establishing a revised volume based sewer rate structure for all customers, provided there is not a majority protest against such increases; motion carried 5:0. C. ADOPTION OF 2007 -09 FINANCIAL PLAN AND 2007 -08 BUDGET. Mayor Romero opened the public hearing. Helene Finger, San Luis Obispo, introduced her son, Kyle, who is working on a community merit badge, and commended Council for the proposed Financial Plan and Budget, particularly for the Railroad Safety Trail and the Bob Jones City- to-Sea Trail. Mayor Romero closed the public hearing. Council Members commended staff on the preparation of the Financial Plan and Council Member Carter pointed out that it ties into Measure Y and the feedback the City received from its citizens. ACTION: Moved by Mulholland/Carter to adopt Resolution No. 9914 (2007 Series) approving the 2007 -09 Financial Plan and 2007 -08 Budget; -motion carried 5:0. BUSINESS ITEMS 2. Assistant City Administrative Officer Stanwvck introduced this item, following which Natural Resources Manager Havlik presented the staff report Public Comments Bob Hill, Conservation Director with the Land Conservancy of SLO County, discussed his involvement with this transaction and expressed appreciation for the partnership between the City and the Land Conservancy. City Council Meeting Tuesday, June 19, 2007 - 6:30 p.m. Page 7 —end of public comments- ' ACTION: Moved by Mulholland/Brown to: 1. Approve the attached Agreement with the Land Conservancy of San Luis Obispo County for the transfer of fee ownership of 315 acres in three parcels to the City and the reconveyance of a Deed of Conservation Easement to the Land Conservancy covering two of the parcels (the "transfer agreement "). 2. Approve Resolution No. 9915 (2007 Series) which authorizes and directs the Mayor to sign a Certificate of Acceptance of a grant deed and reconveyance covering the parcels, with a correction on page 1 deleting the reference to King Ventures, Inc. 3. Authorize the City Attorney to approve any non - substantive changes required to the documents to facilitate the transaction; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Settle noted improvements planned by the Performing Arts Center (PAC) Facilities Committee both inside and outside the building and provided written information to staff regarding the improvements. Vice Mayor Mulholland reported on her June 6th attendance at the County Water Resources Advisory Committee meeting. Mayor Romero reported on his attendance at the June 6`" SLOCOG meeting (a written report is on file in the City Clerk's office). He also reported on his attendance at a recent Mayor's Youth Task Force meeting. COMMUNICATIONS In response to Vice Mayor Mulholland, City Attorney Lowell confirmed that staff is preparing letters related to SB 303 and HR 2447. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:19 p.m. to Tuesday, July 3, 2007, in the Council Chamber, 990 Palm Street, San Luis Obispo. I Audrey Ho er City Clerk APPROVED BY COUNCIL: 07/03107 1