HomeMy WebLinkAbout08/19/20031
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 19, 2003 - 6:30 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; Jonathan Lowell, City
Attorney; Diane Reynolds, Deputy City Clerk; Wendy George,
Assistant City Administrative Officer; Mike Draze, Deputy Community
Development Director; Bill Statler, Finance Director; Joe Hazouri,
Police Captain, Wolfgang Knabe, Fire Chief; John Moss, Utilities
Director; Mike McCluskey, Public Works Director; Paul LeSage,
Parks and Recreation Director; Shelly Stanwyck, Economic
Development Manager
CLOSED SESSION
City Attorney Lowell reported that a Closed Session was held regarding the Public
Employee Performance Evaluation of the City Attorney, pursuant to Government Code §
54957. There was no reportable action.
Mayor Romero and Utilities Director Moss introduced the following new employees in the
Utility Department: Howard Brewen, Wastewater Collections Systems Operator, David
Wharton, Plant Maintenance Technician, Katie DiSimone, Water Projects Manager and
Aaron Floyd, lab Analyst.
PROCLAMATION
Mayor Romero presented a proclamation to Diane Timmerman, Director of Community
Relations San Luis Obispo County Alzheimer's Association, for the Alzheimer's Memory
Walk at Charles Paddock Zoo on September 13th.
PUBLIC COMMENT
Andrew Carter, 1283 Woodside, expressed frustration about State take -aways and the impact
on the City's budget. He voiced concerns about noise issues in the new McCollum Street
Planned Development project, encouraged the City to enforce the noise ordinance, and
commented on the City's planned development ordinance.
Sifu Kelvin Harrison, SLO, reiterated claims of discrimination and harassment.
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Tuesday, August 19, 2003, 6:30 p.m.
Gary Fowler, 777 Mill St., encouraged the community to attend the August 2e Council
meeting to express opinions on the proposed North Area Regional Facility (NARF). In
addition, he stated that some local seniors are displeased with plans for senior programming
at the Ludwick Center. He warned that certain candidates for governor have stated that they
intend to revoke Vehicle License Fees.
Mary Beth Schroeder, 2085 Wilding, complained about not receiving agenda packets and
the City spending money on unnecessary projects such ds the parking structure.
Bill Wilson, 1690 Southwood, expressed opposition to the adopted alignment of Prado Road
and argued that he has not seen environmental studies done for the project.
Mila Vuiovich- LaBarre, 650 Skyline Drive, also expressed concern about traffic, stoplights,
and noise problems associated with the Prado Road alignment at the Damon Garcia sports
complex. She urged the City to use the land only for recreational purposes.
David Hafemeister, 553 Serrano, expressed concern about new construction on the comer of
Broad and Serrano. He stated that there appears to be six or seven bedrooms and added that
the project is being done without architectural review and neighborhood input. The matter
was referred to staff.
PRESENTATIONS
David Mullinax, League Of California Cities Regional Representative, summarized the
State's Post Budget Wrap -Up and information on the League's proposed Constitutional
amendment to protect municipal revenues.
Utilities Director Moss introduced Christine Ferrera, Nancv Orton and Paavo Ogren with the
County of San Luis Obispo, and consultant Steve Radis, presented an overview of the
Nacimiento Pipeline Project Draft Environmental Impact Report (EIR). Council feedback
and questions followed.
APPOINTMENT
Al. APPOINTMENT RECOMMENDATIONS TO THE MASS TRANSPORTATION
COMMITTEE (MTC).
Vice Mayor Mulholland expressed concern that applicants are not aware of the appointment
recommendations until after the agenda packet is distributed to the public. Council
directed staff to review the process to find a more sensitive and timely way to notify
applicants.
ACTION: Moved by Mulholland/Ewan to 1) appoint D. Gregg Doyle to an unexpired
term as the Technical Representative on the MTC to begin September 10, 2003 and
end on March 31, 2005. 2) Appoint Rob Nesbitt to an unexpired term as an Alternate
Member on the MTC to begin September 10, 2003 and end on March 31, 2005;
motion carried 5:0.
Mayor Romero called a break at 8:40 p.m. The meeting reconvened at 8:50 pm.
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Tuesday, August 19, 2003, 6:30 p.m.
' CONSENT AGENDA
Mary Beth Schroeder, 2085 Wilding Lane, complained about City spending on items C2, C5,
C6, C9 and C11.
ACTION: Moved by Settle/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer, with the exception of C6; motion
carried 5:0. (Note: Vice Mayor Mulholland voting no on item C6.)
C1. MINUTES OF TUESDAY, JULY 15, 2003.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. TECHNICAL STUDIES FOR THE WATER RECLAMATION FACILITY NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT.
ACTION: Moved by Settle/Mulholland to approve an agreement with Larry Walker
and Associates in the amount of $205,950.00 for technical studies for the Water
Reclamation Facility NPDES permit; motion carried 5:0.
C3. NEW SIDEWALK CONSTRUCTION 2002 -03, SPECIFICATION NO. 90262A.
ACTION: Moved by Settle/Mulholland to 1) approve plans and specifications for
"New Sidewalk Construction 2002 -03', Specification No. 90262A. 2) Authorize staff
to advertise for bids and authorize the City Administrative Officer to award the
contract if the lowest responsible bid is within the engineer's estimate of $84,294;
motion carried 5:0.
C4. GROUNDWATER DEVELOPMENT PROJECT.
ACTION: Moved by Settle/Mulholland to approve the contract with Stetson
Engineers Inc. for Phase I services for the Groundwater Development Project for an
amount not to exceed $125,750 and authorize the Mayor to execute the contract;
motion carried 5:0.
C5. LAGUNA HILLS PLAYGROUND AND ISLAY HILL SWINGS, SPECIFICATION NO.
902728.
ACTION: Moved by Settle/Mulholland to 1) approve the award to and authorize the
Mayor to execute a contract with V. Lopez Jr. & Sons in the amount of $161,823.43
for the "Laguna Hills Playground & Islay Hill Swings, Specification No. 90272B." 2)
Approve the transfer of $16,141.83 from the budgets of several completed projects
to the project budget; motion carried 5:0.
C6. FINAL PROJECT BUDGET AND CONSULTANT CONTRACT AMENDMENTS: MARSH
STREET GARAGE EXPANSION PROJECT.
Vice Mayor Mulholland voiced objection to approving additional funding because the
Council previously considered the final budget for this project in 2001.
ACTION: Moved by Settle/Mulholland to 1) finalize the project budget and funding
sources for the Marsh Street garage expansion project in the amount of $9,156,100
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Tuesday, August 19, 2003, 6:30 p.m.
Page 4
and approve additional funding of $464,700 from the unappropriated Parking Fund
working capital. 2) Approve $165,000 claim from ARB, Inc. and authorize the Mayor
to execute the change order. 3) Approve contract amendments as follows and
authorize the Mayor to execute revised agreements: a) Harris & Associates ($17,000)
for additional construction management. b) Phillips Metsch Sweeney Moore
($18,500) for additional construction administration and completion of the as -built
construction drawings; motion carried 4:1 (Mulholland).
C7. DESIGN SERVICES FOR TANK FARM GRAVITY SEWER, LIFT STATION AND
FORCEMAIN.
ACTION: Moved by Settle/Mulholland to approve an agreement with Brown and
Caldwell Engineers in the amount of $594,816 for design services for the Tank Farm
Gravity Sewer, Lift Station and Forcemain; motion carried 5:0.
C8. REQUEST FOR PROPOSALS (RFP) FOR DESIGN OF ALRITA PUMP STATION
REPLACEMENT PROJECT, SPECIFICATION NO. 90234.
ACTION: Moved by Settle/Mulholland to 1) approve the Request for Proposals (RFP)
package, and authorize staff to advertise for proposals. 2) Authorize the City
Administrative Officer to award the contract if the proposed cost is less than
available budget; motion carried 5:0.
C9. SANTA ROSA PARK RENOVATIONS.
ACTION: Moved by Settle/Mulholland to 1) appropriate $10,600 from the Parkland
Development Fund for additional lighting as part of the Santa Rosa Park renovation
project. 2) Approve a sole source contract in the amount of $10,622.40 to Specialty
Construction for this work; motion carried 5:0.
C10. AUDIT SERVICES CONTRACT.
ACTION: Moved by Settle/Mulholland to renew the audit services contract with
Glenn, Burdette, Phillips and Bryson (GBPB) for an additional two years and
authorize the Mayor to execute the contract; motion carried 5:0.
C11. 2003 -05 COMMUNITY PROMOTIONS CONTRACTS.
Public Comments:
Robert Mueller. 2050 Garfield Street, commended the Council for supporting tourism in the
City even during difficult budgeting times. He expressed a desire to see some changes made
in the Marketing Plan and suggested that the Promotional Coordinating Committee (PCC)
engage the hotel industry more than they have in the past.
—end of public comments—
ACTION: Moved by Settle/Mulholland to 1) approve funding for and authorize the
Mayor to execute a two-year contract with the San Luis Obispo Chamber of
Commerce (Chamber) to provide public relations services in the amount of $39,800
in 2003 -04 and $40,990 for 200405. 2) Approve funding for and authorize the Mayor
to execute a two-year contract with the Chamber to provide visitor and tourist
information services in the amount of $79,000 in 2003 -04 and $81,370 for 200405. 3)
Approve funding for and authorize the Mayor to execute a two -year contract with the
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Tuesday, August 19, 2003, 6:30 p.m.
Page 5
San Luis Obispo County Visitors and Conference Bureau (VCB) to provide regional
marketing services in the amount of $68,000 for 2003 -04 and $70,040 for 200405;
motion carried 5:0.
C12. WATER REUSE PROJECT MITIGATION—
C13.
ACTION: Moved by Settle/Mulholland to approve an agreement with Thomas R.
Payne and Associates for Steelhead Abundance Monitoring Services for San Luis
Obispo Creek and Tributaries in an amount not to exceed $36,010. Authorize the
Utilities Director to approve up to an additional 10% contingency for a total of
$39,61; motion carried 5:0.
ACTION: Moved by Settle/Mulholland to authorize the City's Voting Delegate to
support at the General Assembly of City Voting Delegates at the League of
California Cities Annual Conference a proposed constitutional amendment to
protect municipal revenues; motion carried 5:0.
PUBLIC HEARING
1. LICENSURE OF TOBACCO RETAILERS.
City Attorney Lowell presented the staff report. Lloyd Henning, San Luis Obispo County
Department of Health, was available to answer tobacco and health related questions.
Council feedback and questions followed.
Mayor Romero opened the public hearing.
The following spoke in support of the ordinance:
Mary Beth Schroeder, 2085 Wilding
Wayne Hansen, 2945 McMillan
Howard Bentzinger,1720 Royal Court
John Fischer. 1843 Strand
Dr. Steve Hansen, SLO
Andrew Carter, 1283 Woodside
Susan Hughes, County Department of Health
The following spoke in opposition to the ordinance:
Chere Ewings, 2349 Rickenbacker Way, Auburn, CA (owner of the convenience store at Broad
and South)
Doug Shaw, 1686 La Vineda Court (owner of The Sancturary)
Mayor Romero closed the public hearing.
Council discussion ensued.
ACTION: Moved by Ewan /Settle to 1) introduce for first reading by title only
Ordinance No. 1440 (2003 Series) adding Chapter 8.14 to the San Luis Obispo
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Tuesday, August 19, 2003, 6:30 p.m.
Page 6
Municipal Code regarding the Licensure of Tobacco Retailers. 2) Adopt Resolution
No. 9472 (2003 Series) amending the Master Fee Schedule to include a tobacco
retail licensing fee in the amount of $255.00 per licensee per year; motion carried 4:1
(Mulholland).
2. STANLEY MOTORS (COLE MOTORS) RELOCATION AND RETENTION.
Economic Development Manager Stanwvck presented the staff report. Council questions
followed.
Public Comments
Andrew Carter, 1283 Woodside, stated that he does not support the inclusionary housing fee
waiver because financial incentives should come from the General Fund and not from the
City's special funds. He supports the use of Community Development Block Grant (CDBG)
funds.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in favor of retaining Cole Motors.
Carol Florence, representating Cole Motors, spoke in support of the staff recommendation.
—end of public comments—
ACTION: Moved by Schwartz/Ewan to support the relocation and retention of
Stanley Motors by: a) the City agreeing to pay the project's inclusionary housing
fee using Community Development Block Grant Economic Development Funds; and
b) approving the calculation of the Cole Motors Project's Building Permit fees at the
rates applicable on July 7, 2003, the date the Project application was deemed
complete by the Community Development Department; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Schwartz reported on the Downtown Association Board of Directors meeting
on August 5 (see memo on file in the Office of the City Clerk), the San Luis Obispo County
Council of Governments (SLOCOG) meeting on August 6"' (see memo on file in the Office of
the City Clerk) and the North County Water Forum meeting on August 7t' (see memo on file in
the Office of the City Clerk).
Mayor Romero extended an invitation to Council Members to attend the Downtown
Association Quarterly Breakfast for Mayor's Makeover. He reported that the National Bicycle
Greenway Group commended the City for being bike - friendly.
Vice Mayor Mulholland reported on the California Men's Colony Citizen Advisory Committee
meeting on July 25m.
COMMUNICATIONS
Mayor Romero and City Attorney Lowell briefed the Council on the outcome of a SLO County 1
Planning Commission meeting at which the City's delegation successfully advocated for
adequate traffic mitigation of two County projects that have an impact on the City. Council
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Tuesday, August 19, 2003, 6:30 p.m.
Page 7
directed staff to schedule a noon -time study session to receive a status report on County
projects at the edge of the City's Urban Reserve Line.
Council Member Ewan expressed concern that the new Orcutt Road median is not
landscaped. Council directed staff to bring forward a project to landscape the Orcutt Road
median and, further, to prepare a street median policy that addresses landscaping and would
include standards for width, design and responsibilities for installation.
Mayor Romero requested that a letter be sent to the Attorney General protesting the potential
closure of French Hospital. Council directed staff to prepare the letter for the Mayor's
signature.
Council Member Ewan voiced support for the Mayor's efforts to use proper decorum during
meetings.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:18 p.m. to Thursday, August 28, 2003 at 4:00 p.m. in the Council Chamber,
990 Palm Street, San Luis Obispo.
Diane Reynolds
Deputy City Cie k
APPROVED BY COUNCIL: 9%1/2003
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