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Home My WebLink About02/15/2005ROLL 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; Diane Reynolds, Deputy City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Wolfgang Knabe, Fire Chief; Jay Walter, Public Works Director; Paul LeSage, Parks and Recreation Director; Shelly Stanwyck, Economic Development Manager CLOSED SESSIONS City Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 DONALD BAXTER, Individually and as Trustee for MARY ELIZABETH MACQUEEN BAXTER v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040460 2. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 VICTORIA O'TOOLE v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF SAN LUIS OBISPO; STATE OF CALIFORNIA v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 030270 City Attorney Lowell reported that the Closed Sessions were held and Council has provided parameters for settlement for both sessions. Parks and Recreation Director LeSage introduced Senior Ranger Doug Carscaden, City Attorney Lowell introduced Assistant City Attorney Christine Dietrick. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 15, 2005 - 6:15 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; Diane Reynolds, Deputy City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Wolfgang Knabe, Fire Chief; Jay Walter, Public Works Director; Paul LeSage, Parks and Recreation Director; Shelly Stanwyck, Economic Development Manager CLOSED SESSIONS City Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 DONALD BAXTER, Individually and as Trustee for MARY ELIZABETH MACQUEEN BAXTER v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040460 2. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 VICTORIA O'TOOLE v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF SAN LUIS OBISPO; STATE OF CALIFORNIA v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 030270 City Attorney Lowell reported that the Closed Sessions were held and Council has provided parameters for settlement for both sessions. Parks and Recreation Director LeSage introduced Senior Ranger Doug Carscaden, City Attorney Lowell introduced Assistant City Attorney Christine Dietrick. City Council Meeting Tuesday, February 15, 2005, 6:15 p.m. Page 2 PRESENTATION Mayor Romero presented a proclamation for SPAY DAY USA to Ira Alpert, Woods Humane Society Board President, and Elaine Genasci, Feline Network Board Director. PUBLIC COMMENT Sifu Kelvin Harrison, San Luis Obispo, reiterated claims of harrassment by citizens and law enforcement officials. Eric Greening. Atascadero, expressed concern regarding the City's disruption of regular transit service (stops abandoned and route time changes) in the Cal Poly area during the week of Mardi Gras. Lionel D. Johnston, Morro Bay, spoke regarding the erosion problems on Old Creek Road at Whale Rock Reservoir (pictures on file in the City Clerk's Office). He requested a plan for erosion control in the area, and suggested planting vegetation. Council directed staff to refer this issue to the Whale Rock Commission and report back the Commission's actions. Gary Fowler, San Luis Obispo, requested that the results of the legal action regardng the Puck statue be made known to the public. He suggested a committee of citizens and students be formed to address solutions to the City's cost recovery emergency services concerns. Deborah Cash, SLO Downtown Association Administrator, spoke in memory of City employee Greg Walker. APPOINTMENT Al. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS MEMBERS. Downtown Association Administrator Cash presented the staff report. ACTION: Moved by Ewan /Settle to appoint Doug Shaw and Tom Copeland to the SLO Downtown Association Board of Directors; motion carried 5:0. CONSENT AGENDA ACTION: Moved by Mulholland/Ewan to approve the Consent Agenda as recommended, with the exception of item C7, which was pulled by the City Administrative Officer; item C8 which was pulled for discussion and separate vote; item C3 was modified; motion carried 5:0. Council Member Settle recused himself on Item C9, as he owns property in the vicinity of the project. Cl. APPROVE MINUTES OF SATURDAY, JANUARY 29, 2005. SPECIAL MEETING, AND TUESDAY, FEBRUARY 1, 2005, REGULAR MEETING. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as presented; motion carried 5:0. C2. AUTHORIZATION OF APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF u^I lei %I^ AKIM P%^SXRAIIW1rV nrvel ^13RACKIT /ur`rnl CAO C1IKlnih1!_ iminco Twr City Council Meeting Page 3 Tuesday, February 15, 20059 6:15 p.m. BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS (BEGIN) PROGRAM (PROP 46). Council Member Mulholland questioned approving the grant application for a project that has not yet been approved by Council. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9651 (2005 Series) authorizing staff to complete and submit an application to HCD for the BEGIN Program and target the BEGIN funds to the Tumbling Waters project for down payment assistance; motion carried 5:0. C3. DAMON - GARCIA SPORTS FIELDS MAINTENANCE. City Administrator Hamaian noted that one pick -up truck for $22,800 has been dropped from the proposed adjusted annual budget chart on page C3 -3. ACTION: Moved by Mulholland/Ewan to 1. Support a change in the maintenance strategy for the Damon - Garcia sports fields from contract to in- house, approve reassigning two existing parks maintenance staff to maintain the Damon - Garcia sports fields, and use contract services to backfill maintenance needs at other park areas. 2. Authorize the City Administrative Officer to approve requests for proposals for landscape maintenance services at other park areas and award the contract if within the $126,000 annually. 3. Conceptually approve increasing the fleet by purchasing a turf mower and utility cart for use at the Damon- Garcia sports fields, with final Council approval as part of the 2005 -07 Financial Plan; motion carried 5:0. C4. PURCHASE OF LEASED CRACK SEAL KETTLE. ACTION: Moved by Mulholland/Ewan to approve a purchase order in the amount of $21,350 using existing capital outlay funds for a sole- source purchase to Crafco Inc. for an existing leased Crack Seal Kettle; motion carried 5:0. C5. AUTHORIZE EXPENDITURE OF FUNDS FOR LABOR RELATIONS CONSULTANT SERVICES. ACTION: Moved by Mulholland/Ewan to authorize the Human Resources Department to expend up to $40,000 for labor relations consultant services; motion carried 5:0. C6. EMERGENCY STORM DRAIN REPAIR —1642 EL CERRITO. Sheryl Chesnut, SLO, submitted a statement regarding the history of repairs to the storm drain, and requested a permanent repair (letter on file in the City Clerk's Office). ACTION: Moved by Mulholland/Ewan to 1. Authorize the completion of emergency work on the storm drain at 1642 El Cerrito. 2. Transfer the remaining funds in the CIP Reserve and Completed Projects accounts to the project account; motion carried 5:0. C7. AUTHORIZATION OF AN APPLICATION FOR GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR STRUCTURAL STRENGTHENING OF THE J.P. ANDREWS BUILDING. City Council Meeting Tuesday, February 15, 2005, 6:15 p.m. C8. C9. Page 4 ACTION: This item was pulled from the agenda. The building originally deemed most likely to qualify for a grant does not qualify at this time, and there are no other buildings that could appropriately replace it in the application process. 2005 LEGISLATIVE ACTION PLATFORM. ACTION: Moved by Settle/Mulholland to 1. Adopt Resolution No. 9652 (2005 Series ) establishing a Legislative Action Platform for 2005, as amended: delete from section 34. off the coast of San Luis Obispo County, add new section 35. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis Obispo County, add to section 40., including completion of widening of South Street (between Higuera and Beebee Streets); add to section 46 exceptional quality, add to section 52. (1) the County should be discouraged from approving additional urban development within the City's urban reserve line 2. Appoint a Council member and a staff person to act as legislative liaison between the League of California Cities and the City of San Luis Obispo; motion carried 5:0. JANUARY 18, 2005 Council Member Mulholland stated that homeowners continue to stress that Hertel was not working with them to solve problems. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9653 (2005 Series) accepting the public improvements and releasing the bonds for Tract 2401; motion carried 4:0:1 (Settle absent). BUSINESS ITEMS 1. 2004 -05 MID -YEAR BUDGET REVIEW. Finance Director Statler presented the staff report. Assistant City Administrative Officer George updated the Council on the status of the major City goals. Council questions and discussion ensued. Public Comments Andrew Carter, SLO, complimented the Sun and Fun program, spoke in support of a revenue ballot option, and express concern about the shortfall in development impact fees. —end of public comments— ACTION: Moved by Settle/Brown to 1. Review and discuss the City's financial condition at the mid -point of 2004 -05. 2. Approve revenue and expenditures changes presented in the accompanying Mid -Year Budget Review document, including added General Fund appropriations of $70,000; motion carried 4:1 (Mulholland opposed). Li 1 City Council Meeting Page 5 Tuesday, February 15, 2005,6:15 p.m. 2. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH COSTCO WHOLESALE CORPORATION FOR REALIGNMENT OF CALLE JOAQUIN SOUTH. Council Member Settle stated that he owns property at 1832 Spooner, adjacent to the project. He recused himself and left the Council Chamber. Economic Development Manager Stanwvck presented the staff report. Council questions and discussion ensued. Council Member Mulholland expressed concern that Costco would not be paying their fair share of the mitigation measures related to the Los Valley Road project. Public Comments There was no public comment. ACTION: Moved by Brown/Ewan to approve a reimbursement agreement with Costco Wholesale Corporation for realignment of Calle Joaquin south of Los Osos Valley Road and authorize the Mayor to execute the agreement; motion carried 3:1:1 (Mulholland opposed, Settle absent). Council Member Settle returned to the dais. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the Water Resources Advisory Committee meeting held on February 2, 2005. Mayor Romero reported on the February 8, 2005, Downtown Association meeting, the Zone 9 Advisory Committee meeting, and the SLO Council of Governments meeting. Council Member Brown expressed his appreciation for the citizens who applied for Advisory Body vacancies. Mayor Romero read a letter from Cal Poly ASI President Blake Bolton expressing gratitude for the Council's display of trust in the student community regarding the Safety Enhancement Zone issue discussed at the Council meeting on February 10th (letter on file in the City Clerk's Office). There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:20 p.m. to a Closed Session on Friday, February 18, 2005, at 10:00 a.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo. `l; Diane Reynold APPROVED BY COUNCIL: 3/1 /2005 Deputy City Cler