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Home My WebLink About12/17/2002MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 17, 2002 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Ron Munds, Conservation Coordinator; Gil Trujillo, Assistant City Attorney; Shelly Stanwyck, Economic Development Manager PUBLIC HEARING 1. IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT SELECTED CITY FACILITIES. Utilities Director Moss and Conservation Coordinator Munds presented the staff report. Consultant Lagomarsino, Senior Project Engineer with Kinetic Energy Services, responded to Council questions. Mayor Romero opened the public hearing. .Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition stating that the project is too expensive. Mayor Romero closed the public hearing. Individual Council comments followed. Council Member Ewan pointed out that repairs and replacements are necessary for the pool facility but explained that he was disappointed that there are not any rebates available for hot water systems. He indicated that he supports the package proposed but suggested that that part of the pool project could be deferred, adding that it might be possible to extend the life of the solar system if the solar panels and other minor improvements to the system are completed in the interim. He emphasized the need to make a long term commitment to maintenance in order to ensure that the energy saving improvements will continue to perform. He also expressed a philosophical objection to the burning of natural gas and argued that co- generation and solar would be preferrable. Council Member Schwartz agreed that it is City Council Meeting Page 2 Tuesday, December 17, 2002 - 4:00 p.m. important to plan for long term maintenance. Council Member Mulholland added that there is also a need to make a long term commitment to conservation. Council Member Settle and Mayor Romero spoke in favor of the recommendations, particuarly because the work will save the City energy costs and will replace some old equipment. ACTION: Moved by Settle/Mulholland to 1) Approve: a) The Scope of Work proposed by Kinetics Energy Services, Incorporated (Kinetics) for energy conservation measures to be implemented at selected City facilities. b) The contract with Kinetics in the amount of $3,019,328 for the preliminary design, design, construction and construction management of the energy conservation projects and authorize the Mayor to execute the contract. c) The Support Services and Guaranteed Savings Agreement with Kinetics and authorize the City Administrative Officer to execute the agreement upon completion of the installation agreement and acceptance by the City. 2) Adopt findings necessary to proceed with a "design and build" contract and contract execution. 3) Authorize the Finance Director to work with the City's financial advisor, Fieldman, Rolapp and Associates, to secure and implement lease/purchase financing for the energy projects, term not to exceed 10 years. 4) Appropriate $3,019,300 for these projects to be funded via leasetpurchase financing and rebates from Sewer Fund ($2,309,300), Water Fund ($238,300) and Capital Outlay Fund ($471,700). 5) Adopt the Mitigated Negative Declaration of Environmental Impacts; motion carried 5:0. BUSINESS ITEMS 2. REPORT ON THE FISCAL IMPACT OF THE PROPOSED SAN LUIS MARKETPLACE PROJECT AND IMPLICATIONS FOR DOWNTOWN RETAIL ACTIVITY. Economic Development Manager Stanwyck introduced Consultant Kotin, Allan D. Kotin & Associates, who presented an overview of his report. Council questions followed. Public Comments: Mary Beth Schroeder. 2085 Wilding Lane, spoke in opposition to big box stores because they will have a negative impact on the downtown. Brett Cross. 1217 Mariners Cove, argued that the 25 -30% shift In sales suggested by the Report will be higher than speculated because he believes there will be a few businesses that will close as a result of the project. He also observed that the proposed project lacks a pedestrian component and is not a true shopping atmosphere. He added that the anchors are too far apart and this will require people to get in their cars to get from one large store to another. —end of public comments— At 6.10 p.m. the Council agreed to continue this discussion to the 7.00 p.m. session. (see below). CLOSED SESSIONS Assistant City Attorney Trujillo announced the Closed Session items, as follows: 1 City Council Meeting Tuesday, December 17, 2002 - 4:00 p.m. CONFERENCE REGARDING PROPERTY NEGOTIATIONS 1 Pursuant to Government Code § 54956.8 1 PROPERTY: NEGOTIATING PARTIES: NEGOTIATION: CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 AGENCY NEGOTIATOR: EMPLOYEE ORGANIZATION: Court Street/Palm -Morro City of San Luis Obispo: Ken Hampian, Jeff Jorgensen, Allan Kotin, Herbert Weiser Property Owner Representatives: Tom Copeland, Robin Baggett Status of Negotiations Karen Jenny, Wendy George and Bill Avery San Luis Obispo Firefighters Association At 6:10 p.m., Council adjourned to Closed Session. CLOSED SESSION ANNOUNCEMENT Page, At 7:00 p.m., the Council reconvened in Open Session. Assistant City Attorney Trujillo announced that the Council conducted both closed sessions and gave direction to the negotiators. CONTINUED DISCUSSION Discussion continued regarding the Kotin Report on the Fiscal Impact of the Proposed San Luis Marketplace Project and Implications for Downtown Retail activity. Vice Mayor Mulholland asked additional questions of the consultant and expressed is concern about some of the assumptions expressed in the Report. She indicated that she has issues with buying into the Report and building plans around it. City Administrative Officer Hampian advised that the Council is not being asked to approve an MOU or specific formula with the developer at this time. He explained that the Report provides a fiscal analysis and impacts on the downtown, and noted that staff is asking the Council to make a general determination that the results of the study are reasonable. He added that accepting the study commits the Council to nothing but rather provides a place to begin before starting discussions about sales tax sharing and other matters. ACTION: On a motion by Ewan/Schwartz, the Council received and accepted the Report; motion carried 4:0:1 (Settle refrained due to a potential conflict). City Council Meeting Tuesday, December 17, 2002 - 4:00 p.m. Page 4 PUBLIC COMMENT Kelvin B Harrison. San Luis Obispo, referenced recent comments made by Senator Trent Lott 1 and reiterated claims of racism and harrassment. Michelle Hix, 611 Brizzolara, voiced concerns about accessibility by the handicapped to the City's bus system. She noted that the routes are not convenient and that there are not enough seats available on the bus for those in wheelchairs. Staff will acknowledge her concerns in writing, with a copy to the Council. C.W. Nofflett 2134 Santa Ynez, expressed surprise and disapproval about the construction of a large retaining wall in his neighborhood. Staff will provide him with details and approvals for the project. . Gary Fowler, 777 Mill Street, complained about the lack of timely notice to residents in the downtown area about the Holiday Parade. He noted that residents were not provided with a. parking permit this year and that this prevented many from having access to their homes on the night of the parade. He asked that, in the future, homeowners be included in the street - closing planning. Staff will follow up with the parade sponsors, the Downtown Association. Lillian Judd, resident of Los Osos, Tom Hutchings, 538 Felton Way, Mark Phillips, resident of Arroyo Grande, and Bernadette Bernard!, 1239 Iris Street, encouraged the Council to place on the agenda a resolution opposing military action in Iraq. (See action under Communications). Michelle Hix, 611 Brizzolara, voiced concerns about cuts to health care programs in the County and argued that funding for community-based needs must remain in the community. Michael Sullivan, 1127 Seaward Street, commented on the Kotin Report (Item #2). He asked the Council to get input from the community before proceeding with commercial development on the Dalidio property. PRESENTATION Fire Chief Knabe introduced Fire Captain Zimmerman who provided a visual and verbal presentation regarding the City Fire Department's response to the Rodeo /Cjediski fires in Arizona in June of 2002. Al. COUNCIL SUBCOMMITTEE ASSIGNMENTS 2003. City Clerk Price presented a brief report and noted that a Council volunteer would also be needed to serve on the Regional Water Agencies Planning Group. Council Member Ewan agreed to serve and there was no objection. ACTION: Moved by SettlelEwan to approve Council Liaison Subcommittee assignments, as revised, for calendar year 2003; motion carried 5:0. CONSENT AGENDA Cl. MINUTES OF TUESDAY, DECEMBER 3. 2002. City Council Meeting Tuesday, December 17, 2002 - 4:00 p.m. Page ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. JOINT USE AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, ACTION: Moved by Settle/Mulholland as recommended by the Joint Use Committee and the Parks and Recreation Commission to 1) Adopt Resolution No. 9401 (2002 Series ) approving the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and provision of programs. 2) Authorize the Mayor to sign the agreement; motion carried 5:0. C3. JOHNSON AVE. RAILROAD OVERCROSSING - SEISMIC RETROFIT, SPECIFICATION NO. 99232B. ACTION: Moved by Settle/Mulholland to 1) Approve plans and specifications for "Johnson Ave. Railroad Overcrossing — Seismic Retrofit, Specification No. 99232B." 2) Appropriate $9,000 in additional grant funding. 3) Authorize staff to advertise for bids; motion carried 5:0. C4. ACTION: Moved by Settle/Mulholland to 1) Approve an additional $75,000 for increased homeowner reimbursements for completed sewer lateral replacements; and 2) approve the increased 2002 -03 budget to be funded by a transfer from the sewer fund general carry over; motion carried 5:0. C5. JOB ORDER CONTRACTING CONSTRUCTION DOCUMENTS. ACTION: Moved by Settle/Mulholland to approve contract with The Gordian Group to develop and implement Job Order Contracting construction documents and system; motion carried 5:0. C6. ACTING CITY ATTORNEY APPOINTMENT. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9402 (2002 Series) appointing Gilbert Trujillo as Acting City Attorney; motion carried 5:0. C7. CLASSIFICATION STUDY OF ADMINISTRATIVE SUPPORT AND MANAGEMENT POSITIONS IN CITY EMPLOYMENT. ACTION: Moved by Settle/Mulholland to approve the recommendations of Koff and Associates who conducted a classification study of various administrative support and management positions in City employment; motion carried 5:0. C8. ACTION: Moved by Settle/Mulholland to approve Amendment #1 to the agreement between the City of San Luis Obispo and the San Luis Obispo Little Theatre ' (SLOLT) for lease of property at 888 Morro Street; motion carried 5:0. City Council Meeting Tuesday, December 17, 2002 - 4:00 p.m. Page 6 COUNCIL LIAISON REPORTS Council Member Schwartz presented a report on the SLOCOG/SLORTA meeting of December 4, 2002 (see report on file in the Office of the City Clerk). In addition, he also referenced a memo from the Community Development Department regarding recommended revisions to the Regional Housing Needs Allocation Numbers and asked that Council give him some formal input on the matter before the SLOCOG meeting on January 8, 2003. The matter was put on the Council agenda for January 7th. Council Member Settle suggested that an informal subcommittee of members of the Arroyo Grande and San Luis Obispo City Councils and staff meet to discuss housing element challenges and strategies. The Council designated Council Member Settle and Council Member Schwartz as the subcommittee to meet with the Arroyo Grande City Council. CAD Hamaian agreed to coordinate the meeting. Council Member Mulholland reported on the December 4, 2002 County Water Resources Advisory Committee and Human Relations Commission meetings, the December 10"' Downtown Association Board meeting and the Mass Transportation Committee meeting of December 12'h. Council Member Ewan reported on the last meeting of the North County Water Purveyors Group. Council Member Ewan reported on the EOC and last week's end -of -the year program. Mayor Romero reported on the meeting he attended at Cuesta College last week regarding traffic safety at the entrance of the college.-- ..__._ - -� -�� COMMUNICATIONS Vice Mayor Mulholland summarized the Human Relations Commission recommendation regarding a resolution opposing pre - emptive unilateral military action on Iraq by the United States and encouraged the Council to place the matter on a future agenda. Council directed staff to place the matter on the agenda for January 7th. City Attorney Jorgensen provided some outgoing remarks and expression of gratitude to the Council. There being no further business to come before the City Council, Mayor Rom ro adjourned the meeting at 9:12 to Tuesday, January 7, 2003 at 3:00 p.m:, in the ncil C amber, 990 Palm Street, San Luis Obispo. % Lee Price, City Clerk APPROVED BY COUNCIL: 1/7103 LP:jo fl J