Loading...
HomeMy WebLinkAbout03/15/2005ROLL CALL: Council Members Present: Council Members Paul Brown, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero were present at Roll Call. Council Member Settle was seated at 8:15 p.m. City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; Bill Statler, Finance Director; Deborah Linden, Police Chief; John Mandeville, Community Development Director; John Moss, Utilities Director; Mike Draze, Deputy Director of Community Development; Michael Codron, Associate Planner CLOSED SESSION ' City Attorney Lowell announced the following Closed Session topic: LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Duncan Osborne City Attorney Lowell reported that the Closed Session was held and Council provided direction to the City's negotiators. There was no further reportable action at this time. Mayor Romero presented a proclamation for the 100 Year Anniversary of the Chamber of Commerce to Chamber President Dave Garth and Director of Governmental Affairs Patricia Wilmore. PUBLIC COMMENT Sifu Kelvin Harrison. San Luis Obispo, spoke on his continuing concerns related to personal harrassment. Gary Fowler, San Luis Obispo, referred to the upcoming Special Municipal Election, discussed his displeasure with the manner in which the Dalidio - Marketplace project has been handled, and explained why he will vote "NO" on the measures. 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, MARCH 15, 2005 — 6:45 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero were present at Roll Call. Council Member Settle was seated at 8:15 p.m. City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; Bill Statler, Finance Director; Deborah Linden, Police Chief; John Mandeville, Community Development Director; John Moss, Utilities Director; Mike Draze, Deputy Director of Community Development; Michael Codron, Associate Planner CLOSED SESSION ' City Attorney Lowell announced the following Closed Session topic: LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Duncan Osborne City Attorney Lowell reported that the Closed Session was held and Council provided direction to the City's negotiators. There was no further reportable action at this time. Mayor Romero presented a proclamation for the 100 Year Anniversary of the Chamber of Commerce to Chamber President Dave Garth and Director of Governmental Affairs Patricia Wilmore. PUBLIC COMMENT Sifu Kelvin Harrison. San Luis Obispo, spoke on his continuing concerns related to personal harrassment. Gary Fowler, San Luis Obispo, referred to the upcoming Special Municipal Election, discussed his displeasure with the manner in which the Dalidio - Marketplace project has been handled, and explained why he will vote "NO" on the measures. 1 City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. PRESENTATION Page 2 Downtown Association Administrator Cash introduced Marshal Ochylski, who discussed the sponsorship of the Downtown Beautification Awards by the Downtown Association, displayed slides of the Downtown, explained how the awards are made and noted the winners. Janna Nichols, representing the Human Relations Commission, referred to item A6, noted qualifications of and expressed appreciation to all of the applicants for advisory bodies. Motion Ewan/Mulholland to approve the following appoinments; 4-0 vote (Settle absent). Al. APPOINTMENT RECOMMENDATIONS TO THE ARCHITECTURAL REVIEW COMMISSION. ACTION: Moved by Ewan/Mulholland to 1. Reappoint Charles Stevenson to serve a one -year term beginning April 1, 2005 and expiring on March 31, 2006. 2. Reappoint Zeljka Howard to serve a four -year term beginning April 1, 2005 and expiring on March 31, 2009; motion carried 4:0 (Settle absent). A2. APPOINTMENT RECOMMENDATIONS TO THE BICYCLE ADVISORY COMMITTEE. ACTION: Moved by Ewan/Mulholland to 1. Reappoint Kevin Christian to a four -year term beginning on April 1, 2005 and expiring on March 31, 2009. 2. Reappoint Jean Anderson to a four -year term beginning April 1, 2005 and ending March 31, 2009. 3. Appoint Trevor Keith to fill an unexpired term beginning April 1, 2005 and ending March 31, 2006. 4. Appoint Tom Nuckols to fill an unexpired term beginning April 1, 2005 and ending March 31, 2006; motion carried 4:0 (Settle absent). A3. APPOINTMENT RECOMMENDATIONS TO THE CONSTRUCTION BOARD OF APPEALS. ACTION: Moved by Ewan/Mulholland to 1. Reappoint Robert Vessely to serve a four -year term beginning April 1, 2005 and expiring March 31, 2009. 2. Appoint Rebecca Jansen to serve a four -year term beginning April 1, 2005 and expiring March 31, 2009. 3. Appoint James Adrian Adams to serve a four -year term beginning April 1, 2005 and expiring March 31, 2009; motion carried 4:0 (Settle absent). A4. APPOINTMENT RECOMMENDATION TO THE CULTURAL HERITAGE COMMITTEE. ACTION: Moved by Ewan/Mulholland to appoint Lynne Landwehr to a four -year term beginning on April 1, 2005 and ending on March 31, 2009; motion carried 4:0 (Settle absent). A5. APPOINTMENT RECOMMENDATIONS TO THE CITY OF SAN LUIS OBISPO HOUSING AUTHORITY. ACTION: Moved by Ewan/Mulholland to 1. Reappoint Stephen Nelson to a four -year term to begin on April 1, 2005 and expire on March 31, 2009. 2. Reappoint Janet City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. Page 3 Kourakis to a four -year term to begin on April 1, 2005 and expire on March 31, 2009. 3. Reappoint Jamie Cochrane - Daniel to a two -year term as tenant representative to begin on April 1, 2005 and expire on March 31, 2007. 4. Reappoint Edna Barthe to a two -year term as the senior tenant representative to begin on April 1, 2005 and expire on March 31, 2007; motion carried 4:0 (Settle absent). A6. APPOINTMENT RECOMMENDATION TO THE HUMAN RELATIONS COMMISSION HRC. ACTION: Moved by Ewan /Mulholland to appoint Tom Sant to fill an unexpired term beginning April 1, 2005 and ending September 30, 2008; motion carried 4:0 (Settle absent). A7. APPOINTMENT RECOMMENDATION TO THE JACK HOUSE COMMITTEE. ACTION: Moved by Ewan/Mulholland to appoint Richard Dresp to a four -year term beginning April 1, 2005 and ending on March 31, 2009; motion carried 4:0 (Settle absent). A8. APPOINTMENT RECOMMENDATIONS TO THE ADVISORY COMMITTEE ON THE JOINT USE OF RECREATIONAL FACILITIES (JUC). ACTION: Moved by Ewan /Mulholland to 1. Reappoint Rick May to serve a two -year term beginning on April 1, 2005 and expiring on March 31, 2007. 2. Appoint Terry Conner to serve a four -year term beginning on April 1, 2005 and expiring on March 31, 2009; motion carried 4:0 (Settle absent). A9. APPOINTMENT RECOMMENDATIONS TO THE MASS TRANSPORTATION COMMITTEE (MTC). ACTION: Moved by Ewan/Mulholland to 1. Reappoint D. Gregg Doyle to serve a four -year term as the Technical Representative on the MTC to begin April 1, 2005 and end on March 31, 2009. 2. Reappoint Dustin Dravland Robinson to serve a one - year term as the Student Representative on the MTC to begin April 1, 2005 and end on March 31, 2006. 3. Appoint Angela Strohn to serve a four -year term as the Alternate Member on the MTC to begin April 1, 2005 and end on March 31, 2009; motion carried 4:0 (Settle absent). A10. APPOINTMENT RECOMMENDATION TO THE PARKS AND RECREATION COMMISSION. ACTION: Moved by Ewan/Mulholland to Reappoint William Pyper to a four -year term beginning on April 1, 2005 and expiring on March 31, 2009; motion carried 4:0 (Settle absent). A71. APPOINTMENT RECOMMENDATIONS TO THE PERSONNEL BOARD. ACTION: Moved by Ewan/Mulholland to 1. Appoint Rebecca Ellis to a four -year term to begin on April 1, 2005 and ending March 31, 2009. 2. Appoint Stephen Darcy to a four -year term beginning April 1, 2005 and ending March 31, 2009; motion carried 4:0 (Settle absent). Al2. APPOINTMENT RECOMMENDATIONS TO THE PLANNING COMMISSION. City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. A13. A14. Page 4 ACTION: Moved by Ewan/Mulholland to 1. Reappoint Carlyn Christianson for a four - year term beginning April 1, 2005 and ending on March 31, 2009. 2. Appoint Andrew Carter for a four -year term beginning April 1, 2005 and ending March 31, 2009; motion carried 4:0 (Settle absent). ACTION: Moved by Ewan/Mulholland to 1. Reappoint Deborah Nicklas to a four -year term beginning on April 1, 2005 and expiring on March 31, 2009. 2. Reappoint George Newland to a one -year term beginning on April 1, 2005 and expiring on March 31, 2006; motion carried 4:0 (Settle absent). ACTION: Moved by Ewan/Mulholland to reappoint Ellen Henry, Alex Gough, Tunny Ortali, Howard Carroll and Doug Shaw, and appoint Pam Seeley, to the SLO Downtown Association Board of Directors; motion carried 4:0 (Settle absent). A15. APPOINTMENT RECOMMENDATIONS TO THE TREE COMMITTEE. ACTION: Moved by Ewan/Mulholland to 1. Appoint Ben Parker to a four -year term beginning April 1, 2005 and ending March 31, 2009. 2. Appoint Sara Young to a four - year term beginning April 1, 2005 and ending on March 31, 2009; motion carried 4:0 (Settle absent). CONSENT AGENDA Council Member Mulholland noted her request of the City Clerk to make a minor change on page 6 of the March 1 st minutes related to the Railroad Museum. Janna Nichols, representing the Human Relations Commission, acknowledged the value of the Community Development Block Grant program and encouraged Council to approve item C1 1. In response to Mayor Romero's request related to item C3, Utilities Director Moss explained that if bids for the base project and additive alternative come in close to the available funding, staff could return to Council for approval to complete the entire project. ACTION: Moved by Brown/Ewan to approve the Consent agenda as recommended by the City Administrative Officer; motion carried 4:0 (Settle absent). C1. APPROVE MINUTES OF FRIDAY, FEBRUARY 18, 2005. SPECIAL MEETING, AND TUESDAY, MARCH 1, 2005, REGULAR MEETING. ACTION: Moved by Brown/Ewan to waive oral reading and approve the minutes of February 18th as presented and the minutes of March 1st with a minor revision to page 6; motion carried 4:0 (Settle absent). C2. CONSIDERATION OF A REQUEST FOR ABANDONMENT OF AN EXCESS PORTION OF RIGHT OF WAY ADJACENT TO LOOMIS STREET FORMERLY KNOWN AS SAN JUAN DRIVE: ABAN 155 -04, DAMIEN MAVIS. City Council Meeting Page 5 Tuesday, March 15, 2005, 6:45 p.m. ACTION: Moved by Brown/Ewan, as recommended by the Planning Commission, to adopt Resolution No. 9664 (2005 Series) a Resolution of Intention to consider abandonment of the street right -of -way (R/W) and set a public hearing for May 3, 2005; motion carried 4:0 (Settle absent). C3. SOUTH HIGUERA SEWER LINER, SPECIFICATION 90247. C4. ACTION: Moved by Brown/Ewan to 1. Approve plans and specifications for "South Higuera Sewer Liner, Specification No. 90247." 2. Authorize staff to advertise for bids and authorize the CAO to award contract if lowest responsible bid is within available funding; motion carried 4:0 (Settle absent). ACTION: Moved by Brown/Ewan to adopt Resolution No. 9659 (2005 Series) approving the requested one year time extension for filing the final map for Tract Map No. 2500; City File No. TR 122 -01, subject to all the findings and conditions of tentative map approval; motion carried 4:0 (Settle absent). C5. LABORATORY ANALYSIS SERVICES 2005 -2006. ACTION: Moved by Brown/Ewan to 1. Approve contract with Fruit Growers Laboratory, Inc. (FGL) in the amount of $72,674 for Laboratory Analysis Services. 2. Reject two lowest bids as unable to meet contract specifications; motion carried 4:0 (Settle absent). ' C6. CONFIDENTIAL EMPLOYEES' COMPENSATION ADJUSTMENTS. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9660 (2005 Series) adjusting compensation for the City of San Luis Obispo Confidential Employees; motion carried 4:0 (Settle absent). C7. C8. C9. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9661 (2005 Series) and distribute the Notice Under the Americans with Disabilities Act and Grievance Procedure Under the Americans with Disabilities Act per the Settlement Agreement between the City of San Luis Obispo and the United States Department of Justice (USDOJ) effective December 14, 2004; motion carried 4:0 (Settle absent). ACTION: Moved by Brown/Ewan to approve granting the Downtown Association $5,000 from GIA funding for Fiesta de SLO 2005; motion carried 4:0 (Settle absent). ACTION: Moved by Brown/Ewan to approve the reimbursement of the City's community promotion advertising and public relations contractors from unused Community Promotions Contract Services funding in an amount not to exceed City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. Page 6 $4,500 for collateral materials purchased to promote the City of San Luis Obispo at several tourism oriented trade shows; motion carried 4 :0 (Settle absent). C10. CBDG CURB RAMP INSTALLATIONS, SPECIFICATION NO. 90463. ACTION: Moved by Brown/Ewan to 1. Approve Specifications for CBDG Curb Ramp Installations "Specification No. 90463." 2. Authorize staff to advertise for bids. 3. Authorize award by CAO to the lowest responsible bidder if bid is within Engineer's Estimate; motion carried 4:0 (Settle absent). C11. ADOPT A RESOLUTION SUPPORTING PRESERVATION OF THE EXISTING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. ACTION: Moved by Brown/Ewan to adopt Resolution No. 9662 (2005 Series) supporting preservation of the Community Development Block Grant (CBDG) Program; motion carried 4:0 (Settle absent). C12. REQUEST FOR ONE -YEAR TIME EXTENSION TO FILE THE FINAL MAP FOR THE ROCKVIEW COMMON INTEREST SUBDIVISION (3045 ROCKVIEW PLACE). ACTION: Moved by Brown/Ewan to adopt Resolution No. 9663 (2005 Series) approving the requested one year time extension for filing the final map for Tract Map No. 2479; City File No. TR MOD 43 -02, subject to all the findings and conditions of tentative map approval; motion carried 4:0 (Settle absent). BUSINESS ITEM 1. DISPATCH CENTER AND RADIO SYSTEMS UPGRADE IMPROVEMENTS. Finance Director Statler acknowledged the project team, and commenced the report by discussing the background and needs related to these projects. Communication and Records Manager Rosenblum discussed the significant space limitations of the Dispatch Center, ergonomic needs, and concerns regarding system reliability. Vice Mavor Ewan left the Council Chamber at this time. City Attorney Lowell stated that because Council Member Ewan has a leasehold interest in property in the vicinity of Fire Station 1, he has a potential conflict of interest and it was necessary for him to recuse himself from discussion of the Dispatch Center. Construction of New Dispatch Center Finance Director Statler reviewed the current budget and funding sources for the Dispatch Center, key actions and key findings to date, other options considered, pros and cons of housing the Dispatch Center either in the Police Station conference room or Fire Station No. 1, explained why Fire Station No. 1 is considered to be the best option, and reviewed the costs for using Fire Station No. 1. Council Member Settle was seated at this time. With clarification from City Attorney Lowell that Vice Mayor Ewan can participate in discussion related to the radio system improvements, Council concurred to proceed with City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. Page 7 direction on the Dispatch Center at this time and with consideration of the radio system ' following this discussion. Public Comments on the Dispatch Center Gary Fowler, San Luis Obispo, discussed his concerns regarding placing the dispatch center close to the railroad tracks and suggested it should be on City property well away from the Police and Fire Stations (i.e., on a site such as the Damon Garcia sports complex). end of public comments related to the Dispatch Center — During the presentation and following public comments, staff and consultants responded to Council's questions. Council discussion ensued during which Council Members Settle, Mulholland and Mayor Romero spoke in support of placing the Dispatch Center at Fire Station 1. Council Member Brown acknowledged the need for the Dispatch Center, but said that in light of the current budget situation and until Council determines whether to proceed with a tax measure, he believes this decision is premature. ACTION: Moved by Settle/Mulholland to: 1. Approve revised project budget of $2,884,000 for the construction of a new dispatch center at Fire Station No. 1. 2. Authorize the CAO to amend the agreement with RRM Design Group for Phase 1 and Phase 2 services from $265,700 to $286,600 to reflect the changed scope of services.. 3. Authorize the CAO to amend the agreement with Marco Corporation 1 from $104,300 to $142,700 to reflect expanded options analysis requested by the City along with design of a radio tower at Fire Station No. 1. 4. Authorize the CAO to issue request for proposals for a Construction Manager to oversee construction of the new dispatch center, and award the contract if it is within the engineering estimate of $305,000; motion carried 3:1:1 (Brown opposed; Ewan absent). Council recessed from 9:00 to 9:10 p.m. and the meeting resumed with all members present. Radio System Upgrade Improvements Finance Director Statler presented the report as it related to radio system improvements, including an overview and status of the existing system, key actions to date, system and operational findings, regulatory issues, system options, a cost summary of varying options, a recommended system approach, phasing options, project funding, and a project schedule. During this presentation staff and consultants responded to Council's questions. Public Comments on the Radio System Upgrade Improvements Andrew Carter, San Luis Obispo, discussed the fundamental responsibility of the City to provide police and fire services and said that Council doesn't have a choice but to approve the improvements. ' Michael Sullivan, San Luis Obispo, suggested that it would be more prudent to proceed with a modular concept for the Dispatch Center. City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. Page 8 —end of public comments related to the Radio System Improvements — During the discussion that ensued, staff responded to questions raised by Mr. Sullivan and Council. Council Members Mulholland and Settle, Vice Mayor Ewan and Mayor Romero concurred with the need to proceed with the radio system upgrade improvements. Council Member Brown acknowledged the need for the improvements, but expressed concern that this decision is two to six months premature. 2. ACTION: Moved by Settle/Ewan to 1. Approve $4,117,900 for radio system improvements. 2. Authorize the CAO to issue a request for proposals for radio system improvements and award the contract if it is within the engineering estimate of $3,280,000; motion carried 4:1 vote (Brown opposing) STUDY SESSION PLAN DEVELOPMENT PROGRAM. Community Development Director Mandeville commenced the report, discussing the purpose of the Study Session. Associate Planner Codron discussed the Airport Land Use Planning background, the requirement for City /Airport coordination, the 2002 and 2004 ALUP amendments, density adjustments contained in the new Plan, the City's implementation mechanisms, existing developments, the development survey, and next steps in this process. Associate Planner Codron and Community Development Director Mandeville responded to questions raised during his presentation. Bill Robeson, Airport Land Use Commission Staff Planner, and Dr. Robert Tefft, Airport Land Use Commissioner, discussed the progress being made between the City and County on the Plan as well as the reasons for provisions contained within the Plan. Public Comments Patricia Wilmore, representing the Chamber of Commerce, read a letter from the Chamber (on file in the City Clerk's office) supporting the Airport Compatible Open Space (ACOS) plan, and explained that the Chamber wants density determined on an area -wide basis, not parcel -by- parcel. The Chamber also supports the staff's recommendations. Jeannette Duncan, People's Self -Help Housing, discussed her organization's desire to construct an affordable housing development on the former McBride Plumbing site and said she wants to see that development grandfathered in under the pipeline projects. Warren Hamrick, Shell Beach, referred to a project on Higuera and Margarita submitted for Architectural Review Commission approval in January. He explained that the Airport Land Use Plan will severely limit the development potential of that property. 1 City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. Page 9 Scott Smith, People's Self -Help Housing, urged Council to work with the Airport Land Use Commission on developing language to protect pipeline development consistent with the General Plan. Carol Florence , Senior Planner with Oasis representing Westpac Investments, discussed the importance of having an ACOS plan in place and asked Council to support the CAO's recommendation. Bill Tickell, representing W.E.T., Inc., said his company is proceeding with plans to change the zoning on a project on Broad Street and Orcutt. The project is in the pipeline. He encouraged Council to support staff in this matter and to expedite it. Roland Maddalina asked that the Higuera and Margarita project move forward and asked Council to consider the impact of the Airport Land Use Plan on the community. He expressed concern regarding properties similar to his, and pointed out that they do not have the ability to provide a safe landing place. Andrew Carter, San Luis Obispo, suggested that the issue is greater than an ACOS plan. He expressed concerns with the zone and said that he thinks the safety and noise components are being confused. He suggested the city should be doing a more thorough review of the plan and possible override, particularly to permit more housing. Michael Sullivan, San Luis Obispo, said the primary objective is public safety and discussed areas where he thinks a line should be drawn on exemptions. He said that the limitations defined in section 2.8.1 (Existing Land Use) of the Airport Land Use Plan seem reasonable. ---end of public comments — Council discussion ensued, during which Council Member Mulholland expressed concern about the new noise standards and each of the Council Members concurred with the CAO recommendation. ACTION: Motion by Settle/Ewan to: 1. Direct staff to pursue an Airport Compatible Open Space plan that serves both the needs of the Airport Land Use Commission and the City. 2. Direct staff to work with the Airport Land Use Commission on minor revisions to the Airport Land Use Plan (ALUP) definition of existing development so that the ALUP can be interpreted consistently with existing City General Plan and zoning requirements, and report back to the City Council on May 17, 2005. 3. Direct staff to continue to work with the Airport Land Use Commission to insure consistency between the SLO County Regional Airport Land Use Plan and the City's specific plans, including the Margarita Area Specific Plan, the Airport Area Specific Plan, and the Orcutt Area Specific Plan; motion carried 5:0. COUNCIL LIAISON REPORTS Vice Mayor Ewan reported on his attendance at the Downtown Association's Board of Directors meeting last Tuesday. He noted that the Fiesta de SLO is June 4th at 10:15 a.m. and that Taste of SLO tickets will go on sale March 29th. Council Member Mulholland reported on her attendance at the County's Water Resources Advisory Committee meeting on March 2nd and the Integrated Waste Management Authority Board meeting on March 9th. She also reported on her attendance at the Mass Transportation Committee and Jack House Committee meetings on March 9th. City Council Meeting Tuesday, March 15, 2005, 6:45 p.m. Page 10 Council Member Settle and Mayor Romero reported on their attendance at the Student Community Liaison Committee (SCLC) meeting. Council Member Settle noted that the Economic Vitality Corporation (EVC) will be offering an update of employment law on March 24th. Mayor Romero reported on the March 2nd meeting of the San Luis Obispo Council of Governments/San Luis Obispo Regional Transportation Authority. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:25 p.m. to Tuesday, April 5, 2005 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. q Audrey Hoop City Clerk APPROVED BY COUNCIL: 415/2005 ,I 1