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HomeMy WebLinkAbout02/16/1993, C-1 - MINUTES DRAFT '°"FETING AGENDA ly E ITEM # MINUTES CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 5, 1993 - 6:15 P.M. COUNCIL CHAMBER - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL " . ... . ..... 'n<J Council Members Present: Penny Rappa, Dave Romero, Allen 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 19, 1993. 6:50 P.M. Mayor Pinard convened the session to regular meeting. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 5, 1993 - 7:00 P.M. COUNCIL CHAMBER - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Penny Rappa, 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 Attorney; Diane Gladwell, City Clerk; Wayne Peterson, Acting Public Works Director; Arnold Jonas, Community Development Director; Bob Neumann, Fire Chief; Ann Slate,Personnel Director;Jim Gardiner,PoliceChief;Jim Stockton, Recreation Director Jeff Jorgensen.City Attorney reported on the closed session discussion concerning personnel issues. Council continued the discussion to 1/19/93. City Council Meeting Page 2 Tuesday, January 5, 1993-7:00 P.M. PUBLIC COMMENT P.C.1. Marcelle 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/Romeroto adopt the minutes; motion carried (5-0). C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. 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 clarity 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. City Council Meeting Page 3 Tuesday, January 5, 1993- 7:00 P:M. Moved by Settle/Romero to adopt Resolution No.8103 endorsing the application;motion carried (5-0). C-6 SLO LITTLE 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 Library 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 POLICY (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 Rappa/Roalman to receive and file the report; motion carried (5-0). 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. LaVeme 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. City Council Meeting Page 4 Tuesday, January 5, 1993-7:00 P.M. 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 (5-0). 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 (A-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 (A-06-93-CC): motion carried ("). 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 Settle/Romero to adopt Resolution No. 8105 approving Master Agreement (A-07-93-CC); motion carried (5-0). C-14 COMMEMORATIVE BENCH (File No. 477) Council considered a Commemorative Bench Program cosponsored by the City and the Business Improvement Association. Moved by Settle/Romero to adopt Resolution No. 8106; motion carried (5-0). COUNCIL LIAISON REPORTS C.L.R.1. Council Member Raaoa reported on the following upcoming meetings: 1) Unmet Transit Needs Meeting tomorrow at the 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 Buellton on January 22 regarding working with State Legislators. City Council Meeting Page 5 Tuesday, January 5, 1993 - 7:00 P.M: 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 wrlev. 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. Lang 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. Ken Hamoian.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. City Council Meeting Page 6 Tuesday, January 5, 1993 - 7:00 PM 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 many 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 fust and then allow others to compete. Tom Friedman. 1012 Vista Collados, 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 Hanft. 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 Settle/Raooa 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 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 rete payers. Moved by Romero/Raoaa to accept the withdrawal,approve contract(A-08-93-CC)and budget;motion carried (3-2, Council Member Settle and Mayor Pinard voting no). City Council Meeting Page 7 Tuesday, January 5, 1993 - 7:00 P.M. 4. WATER RECLAMATION FACILITY WELL (File No. T-35L) Council considered plans and specifications for"Non-Potabie 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 carred (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/Raopa to approve contracts (A-09-93-CC and A-10-93-CC); motion carried (5-0). 6. 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 stated that the structure was the most efficient, the percentage of managers to workers, and financial implications. City Council Meeting Page 8 Tuesday, January 5, 1993 - 7:00 PM Moved by RoalmanjRomero to authorize appointments; motion carried (3-2, Council Member Settle and Mayor Pinard voting no). COMMUNICATIONS COMMA. 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 2% 1993. COMM.2 Vice Mayor Roalman 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: Diane R. Gladwell, City Clerk DRG:cm DRAFT 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 f. Council Members Present: Council Members Penny Rappa, 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 Attorney; Diane Gladwell, City Clerk; Bill Steller, Finance Director; Linda Aspirion, Revenue Manager PUBLIC COMMENT PERIOD There were no public comments. BUSINESS ITEM 1. WATER RATE STRUCTURE REVIEW (File No. 516) Council considered a new water rate structure that eliminates minimum charges and retains the current two tier commodity charge structure. Bill Statler. Finance Director reviewed the report, stating that this review addressed only the structure of the water rates, not the establishment of the rates themselves. Council discussed issues relating to 5/80 and 1° water meters, the charge for the water meters (commonly referred to as a minimum charge)and a 2-tiered structure versus a 3 or 4-tiered structure. Impacts on commercial customers were discussed and the perception that residential users subsidize commercial rates. James Arndt, 1080 Bluebell Way, liked the concept of eliminating the current practice of charging more for a 1° water meter and liked the concept of a basic charge. Philip Johnson. 699 Patricia Drive, concurred with the previous speaker and stated he liked the 2- tiered structure and the inclusion of a basic charge. Lance Evansrepresenting the Chamber of Commerce, stated that removing the basic charge would result in higher rates. He stated that businesses did not waste water but were subject to the highest rate in the current rate structure. He requested the Council have a Study Session to forge a consensus. City Council Meeting Page 2 Tuesday, January 12, 1993 - 7:00 PM Brett Cross. 1217 Mariners Cove, spoke in favor of removing separate rates for the V meter charge, providing more tiers in the water rate structure,and separate rates for commercial users because they provide a higher value to the community. Carla Sanders, San Luis Obispo, supported the recommended structure and stated that it rewarded conservation. Council discussed issues relating to a 3-tiered structure with commercial separated from residential and the resulting perception that residential customers were subsidizing commercial customers. Issues relating to minimum charges, the driving factors behind water acquisition, and equity issues relating to water users. Issues relating to a ready-to-serve charge and recognition of the infrastructure expense to provide water distribution treatment facilities were discussed. Council considered subjects pertaining to commercial users, vacant buildings, impacts on conservation, and a targeted mid-range use. Moved by Settle/Pinard to eliminate ready-to-serve minimum service charges; motion carried (41, Council Member Rappa voting no). Moved by Settle/Roalman to draft a three-tiered rate structure treating residential and non-residential customers the same; motion carried (5-0). Upon suggestion from Bill Statler, Finance Director, Council reached consensus to construct the first tier at the 0-5 unit level, the second tier at the 6.12 unit level, and the third tier at 13 unit and above level. Jim Arndt. 1080 Bluebell Way, requested that the bills show the calculation on them to eliminate confusion. COMMUNICATIONS COMMA. Vice-Mayor Roalman reported on the last Water Resource Advisory Committee Meeting and the issue relating to airport area water acquisition by the County. CEQUA review for the eleven new water purveyors allowed the City an opportunity to have input into the decision. The Board of Supervisors discussed the contracts and continued the item to February to give their purveyors a chance to refine their contracts. This also allowed the City additional opportunity to comment on the contracts. Representation from the City in this subject was discussed with Arnold Jonas designated as the staff representative and Council member designation to be discussed on January 19, 1993 when the entire subject would be presented to Council. Council Member Settle requested that the reporting of the COG impacts be submitted in writing to allow Council to track the issues easier. 9:10 PM Mayor Pinard declared a recess; Council convened in Closed Session to discuss property negotiations. 10:30 PM Council reconvened to Open Session; all Council Members present, and reported that no action had been taken. City Council Meeting Page 3 Tuesday, January 12, 1993 - 7:00 PM 10:31 PM, there being no further business to come before the Council, Mayor Pinard adjourned the meeting to date certain January 19, 1993 at 7:00 PM. APPROVED BY COUNCIL DRG:cm Diane R. Gladwell, City Clerk DRAFT MINUTES STUDY SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JANUARY 20, 1993- 12:00 P.M. COUNCIL HEARING ROOM - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Member Present: Penny Rappa, 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 Attorney; Diane Gladwell, City Clerk; Ann Slate, Personnel Director; Arnold Jonas, Community Development Director PUBLIC COMMENT PERIOD There were no public comments. STUDY SESSION 1. COUNCIL POLICIES AND PROCEDURES HANDBOOK (File No. 113) Council considered Council Policies and Procedures Handbook. Council discussed the moment of inspiration or invocation. Concerns were expressed about the separation of government and church. Discussion by various Council Members clarified the intent as not just focused on religion, but a moment to start out the meeting with unity; any religion or cultural group was acceptable. It was more of a time of asking for assistance and a time for reflection. Council was concerned about making it a formal part of the meeting and the administrative burden of supporting the moment of inspiration or invocation. It was agreed that it would be used on occasional basis as the opportunity arose and that Council Members would make their request for speakers and coordinate those requests with the City Clerk's Office to ensure no more than one speaker at any one particular Council meeting;there would be no thank you letters or other systems to support the item. Council reached consensus utilizing the title "Moment of Inspiration". Miscellaneous items which needed to be cleaned up included 1) Public Comment Period statement which stated it was immediately prior to Public Hearings; and 2) Item 1-3 which stated that continued items would be placed on the next regular meeting; it was agreed to change it to a specified future meeting. Staff gave direction to reorganize the document, but not to give it top priority. Council requested a list be generated of continued items so that Council could review it and remove unnecessary items, track issues, and have a better idea of forthcoming agenda items. John Dunn. City Council Meeting Page 2 Wednesday, January 20, 1993 - 12:00 PM City Administrative Officer, requested that the City Clerk's Office maintain this list; Council requested that it be kept very simple. Council requested that the flexible benefit plan be available for Council as it is made available for employees. Council discussed spousal reimbursement policies and supported the deletion of those provisions. Council then discussed issues relating to rephrasing the document to include all league activities, various accounting methods for professional development, expenses and compensation. Council requested that when the Council Compensation Committee convened that they survey the availability and expense of travel from San Luis Obispo in comparison to the other survey cities. Ann Slate. Personnel Director, requested that Council give direction to the Council Compensation Committee prior to convening. Council discussed the frequency of staff meetings and the difficulties of speaking with staff. It was agreed that they should try and contact staff prior to the Council meetings to have their questions answered. Council discussed encouraging spousal participation, directed the City dinner at the League Conference be charged to separate accounts, and the past reduction of staff participation in the League Conference. Council discussed issues relating to the Charter including the Mayor being designated as the official head of the City during an emergency and the Mayor's annual work program. Jeff Jorgensen, City Attorney, stated that a Charter revision would be a major work project; the last one took more than one year. It was proposed that the Mayor's work program be left up to the individual Mayor to utilize if they chose. Council requested that a policy statement supporting team building efforts be drafted. Council gave direction to staff to reorganize the policy and procedure manual as recommended in the staff report,and to have the mission statement graphically represented in order to place it in the lobby and various public places throughout the organization. 2. COUNCIL PROJECTS Council considered minor projects submitted by Council Members for follow-up. A request by Alan Friedman to bring the leaf blower issue before Council was discussed. Council reached agreement that this issue should come back to Council. Council discussed how to resolve small problems that were brought to Council attention. John Dunn. City Administrative Officer, requested that those items be brought to him for a follow-up in an informal matter. City Council Meeting Page 3 Wednesday, January 20, 1993- 12:00 PM A request was made that a list for minor projects be submitted for Council Goal Setting. 1:58 PM Mayor Pinard adjourned the meeting to January 26, 1993 at 7:00 PM. APPROVED BY COUNCIL Diane R. Gladwell, City Clerk DRG:cm ��-�3