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Home My WebLink About04/05/2005ROLL 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; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Moss, Utilities Director; Bill Statler, Director of Finance & Information Technology; Betsy Kiser, Principal Administrative Analyst; Katie DiSimone, Water Projects Manager; David Hix, Wastewater Division Manager CLOSED SESSION City Attorney Lowell announced the following Closed Session topic: LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Daniel Bresnahan Workers' Compensation Claim re Gina Salazar Workers' Compensation Claim re Frank B. LaHargoue City Attorney Lowell reported that the Closed Session was held and said that Council provided parameters for the potential settlement of these three claims. There was no further reportable action. PRESENTATION _._..� Mayor Romero presented Andrea Schacht, Executive Director, San Luis Child Development Center, with a proclamation for the Month of the Child. Ms. Schacht presented the Council with a photograph and plaque commemorating the Month of the Child. PUBLIC COMMENT Nathan Clark. San Luis Obispo, expressed concern regarding a number of local businesses that are not appropriate and endanger children, families and other local businesses. He circulated some photographs of some of these businesses. He referred to gov't laws and rules for businesses that he also asked Council to review, along with a missing person's report. Spoke in support of the Month of the Young Child and said he wants to do everything in his power to keep these folks safe from these businesses. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 5, 2005 - 6:30 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; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Moss, Utilities Director; Bill Statler, Director of Finance & Information Technology; Betsy Kiser, Principal Administrative Analyst; Katie DiSimone, Water Projects Manager; David Hix, Wastewater Division Manager CLOSED SESSION City Attorney Lowell announced the following Closed Session topic: LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Daniel Bresnahan Workers' Compensation Claim re Gina Salazar Workers' Compensation Claim re Frank B. LaHargoue City Attorney Lowell reported that the Closed Session was held and said that Council provided parameters for the potential settlement of these three claims. There was no further reportable action. PRESENTATION _._..� Mayor Romero presented Andrea Schacht, Executive Director, San Luis Child Development Center, with a proclamation for the Month of the Child. Ms. Schacht presented the Council with a photograph and plaque commemorating the Month of the Child. PUBLIC COMMENT Nathan Clark. San Luis Obispo, expressed concern regarding a number of local businesses that are not appropriate and endanger children, families and other local businesses. He circulated some photographs of some of these businesses. He referred to gov't laws and rules for businesses that he also asked Council to review, along with a missing person's report. Spoke in support of the Month of the Young Child and said he wants to do everything in his power to keep these folks safe from these businesses. City Council Meeting Page 2 Tuesday, April 5, 2005, 6:30 p.m. Sifu Kelvin Harrison, San Luis Obispo, discussed his continued concerns related to harrassment. Gary Fowler, San Luis Obispo, spoke in support of the Dalidio family and their history in the City, but explained why he believes the Marketplace project should be defeated. CONSENT AGENDA Council Member Settle spoke in support of item C5, a resolution supporting pension reforms while expressing opposition to Assembly Constitutional Amendment 5 and other similar initiatives. Council Member Mulholland stated that she will be opposing C10, Amendment No. 1 to the Nacimiento Water Supply Agreement. Mayor Romero referred to item C2, the street reconstruction and resurfacing project for Summer 2005, and said that because of the City's financial problems, this may be one of the last street projects pursued by the City in the next few years. He echoed Council Member Settle's comments regarding item C5. Dale Strobridcie President of San Luis Obispo's Police Officers Association, expressed appreciation for Council's action on item C5 and concern regarding the attacks on the CalPERS systems. ACTION: Moved by Settle/Mulholland to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF MONDAY MARCH 8, 2004, SPECIAL MEETING, MONDAY. .......,. .,.,.,� 1. I^.A. AArc 1&1n AA1n T110@-MAV 11AA15P1J iC 12AnC DCf2111 AD MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. STREET RECONSTRUCTION AND RESURFACING PROJECT, SUMMER 2005, SPECIFICATION NO. 40481. C3. ACTION: Moved by Settle/Mulholland to 1. Approve plans and specifications for "Street Reconstruction and Resurfacing Project: Summer 2005, Specification No. 90481. 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 $824,564 including $54,000 for water system improvements and $48,900 for collection system improvements. 3. Appropriate $56,700 and $51,400 from the water and sewer fund working capital, respectively, to fund this project; motion carried 5:0. ACTION: Moved by Settle/Mulholland to 1. Approve plans and specifications for "Miossi Road Reservoir No. 1 Transmission Main Replacement Project, Specification No. 99211" and authorize staff to advertise for bids. 2. Authorize the City Administrative Officer to award the contract if lowest responsible bid is within available funds for this project; motion carried 5:0. City Council Meeting Tuesday, April 5, 2005, 6:30 p.m. Page 3 C4. COMPENSATION ADJUSTMENTS FOR CITY ADMINISTRATIVE OFFICER AND CITY ATTORNEY. ACTION: Moved by Settle/Mulholland to: 1. Adopt Resolution No. 9665 (2005 Series ) adjusting the annual salary of the City Administrative Officer. 2. Adopt Resolution No. 9666 (2005 Series) adjusting the annual salary of the City Attorney; motion carried 5:0. C5. SUPPORT FOR RESPONSIBLE PENSION REFORM AND EXPRESSION OF CONCERN WITH ACA 5 AND OTHER SIMILAR INITIATIVES. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9667 (2005 Series) supporting pension reforms developed in cooperation with the League of California Cities Task Force, CaIPERS, and public employees unions while expressing opposition to Assembly Constitutional Amendment 5 (ACA 5) and other similar "quick fix" initiatives; motion carried 5:0. C6. MANAGEMENT EMPLOYEES' COMPENSATION. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9668 (2005 Series) approving the 2005 management compensation and revising the Management Pay for Performance System; motion carried 5:0. C7. APPLICATION SUBMITTAL FOR $17.137 LOCAL LAW ENFORCEMENT BLOCK GRANT. ACTION: Moved by Settle/Mulholland to 1. Approve grant application submittal to the Justice Assistance Grant Program for a 2005 -06 Local Law Enforcement Block Grant in the amount of $17,137. 2. Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. C8. $7,945 OFFICE OF TRAFFIC SAFETY GRANT ACCEPTANCE. ACTION: Moved by Settle/Mulholland to 1. Accept Office of Traffic Safety mini -grant award in the amount of $7,945. 2. Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. C9. TECHNICAL STUDIES FOR INVESTIGATION OF REGULATORY OPTIONS AT THE WATER RECLAMATION FACILITY. ACTION: Moved by Settle/Mulholland to approve agreement with Larry Walker Associates in the amount of $89,000 for a feasibility analysis of regulatory options for the City's Water Reclamation Facility; motion carried 5:0. C10. AMENDMENT NO. 1 TO NACIMIENTO WATER SUPPLY AGREEMENT. ACTION: Moved by Settle/Mulholland to 1. adopt Resolution No. 9669 (2005 Series) approving the first amendment to the Nacimiento Water Supply Agreement with the San Luis Obispo County Flood Control and Water Conservation District and authorize the Mayor to execute the amendment, which will allow quarterly payments for design costs. 2. Adopt Resolution No. 9670 (2005 Series) in connection with the financing of the Nacimiento Water Project design phase and declaring the City's City Council Meeting Page 4 Tuesday, April 5, 2005, 6:30 p.m. intent to reimburse certain expenditures from bond anticipation note proceeds; motion carried 4:1 (Mulholland opposed). BUSINESS ITEMS 1. PUBLIC ART SELECTION FOR THE SOUTHERN PACIFIC FREIGHT WAREHOUSE ROUND - ABOUT, Principal Administrative Assistant Kiser introduced Jim Trask, the artist who developed the artwork. Mr. Trask displayed a scale model of and talked about the design of the artwork that will be installed in the round -about by the warehouse. He responded to Council's questions and provided a description of the symbolism that is part of the artwork. Public Comments —end of public comments— ACTION: Moved by Mulholland/Ewan to approve the public art selection for the Southern Pacific Freight Warehouse Round - About; motion carried 5:0. 2. WATER REUSE PROJECT - PROPOSED REINITIATION OF CONSULTATION WITH NATIONAL MARINE FISHERIES SERVICE. Utilities Director Moss introduced this item, following which Water Projects Manager DiSimone presented the staff report. The presentation included a discussion of the project affect on San Luis Obispo Creek, terms and conditions of the June 2001 Biological Opinion with which the City has been complying, the need for reinitiation of the consultation with the National Marine Fisheries Service (NMFS), terms of the reinitiated consultation, the increase in the minimum discharge, reasons why an increased release should be supported, and reviewed staff's recommendation. Ms. DiSimone and Utilities Director Moss responded to questions throughout the staff presentation. Public Comments Nathan Clark San Luis Obispo, questioned the need for this action and opposed spending funds on the creek at this time. —end of public comments— ACTION: Moved by Settle/Mulholland to 1. Approve a project modification to provide a minimum daily average release of tertiary treated effluent to San Luis Obispo Creek of 2.5 cubic feet per second. 2. Direct staff to request EPA to reinitiate consultation with the National Marine Fisheries Service for the City's Water Reuse Project reflecting the modified project release and addressing the increased abundance of steelhead found in the lower main -stem of San Luis Obispo Creek; motion carried 5:0. 3. UPDATE OF RECENT REGULATORY REQUIREMENTS AND STUDIES FOR THE WATER RECLAMATION FACILITY. City Council Meeting Tuesday, April 5, 2005, 6:30 p.m. Page 5 Utilities Director Moss explained the necessity for bringing this matter to Council at this meeting. Wastewater Division Manager Hix presented the staff report. His presentation included a detailed history of the regulatory requirements for the Water Reclamation Facility, a review of the stringent beneficial use designation of San Luis Obispo Creek, of the Water Reclamation Facility's Permit, of related studies, and of regulatory options that will enable the City to achieve compliance with new discharge requirements. He also reviewed the improvements and upgrades needed for the Water Reclamation Facility, as well as a summary of the fiscal impact of current, proposed and possible future studies and future design and construction of an upgraded facility. He and Utilities Director Moss responded to questions throughout the presentation. Public Comments None. —end of public comments— ACTION: Report received and filed. 4. REFINANCING 1996 LEASE REVENUE BONDS. Finance Director Statler presented the staff report. He discussed the purpose for the 1996 bonds, pointed out that the recommended refinancing is consistent with fiscal policies, reviewed the structure behind the refinancing, acknowledged the Bond Financing Team, and said the bonds will result in a $40,000 per year savings for the City. Public Comments None. —end of public comments— ACTION: Moved by Ewan /Settle to adopt Resolution No. 9671 (2005 Series) approving the refinancing of the 1996 Lease Revenue Bonds; motion carried 5:0. At 8:44 p.m., the Council meeting recessed and a meeting of the Capital Improvement Board convened. 5. MEETING OF THE CAPITAL IMPROVEMENT BOARD. Finance Director Statler presented the staff report. Public Comments None. ---end of public comments— ['I City Council Meeting Page 6 Tuesday, April 5, 2005, 6:30 p.m. ACTION: Moved by Brown/Mulholland to 1. Approve minutes of meeting held on March 16, 2004. 2. Elect officers of the Capital Improvement Board (Mayor as President and Vice Mayor as Vice President). 3. Adopt Resolution No. 9672 (2005 Series ) approving the refinancing of the 1996 Lease Revenue Bonds. 4. Adjourn to the next regular meeting; motion carried 5:0. The Capital Improvement Board meeting adjourned at 8:46 p.m. and the Council meeting reconvened. __..� COUNCIL LIAISON REPORTS Council Member Brown reported on his attendance at the Economic Vitality Corporation Board meeting. Vice Mayor Ewan reported on his attendance at the Air Pollution Control District bi- monthly meeting. He announced that April 23rd is Earth Day, and May is Bike Month and Clean Air Month. He also reported on his recent attendance at the San Luis Obispo County Mayors' luncheon in Mayor Romero's place. Council Member Mulholland reported on her attendance on March 28th at the Tree Committee meeting. She announced that Arbor Day will be held at Laguna Lake on April 16th. She also reported on her attendance at a special meeting of the Mass Transportation Committee on March 30th. Mayor Romero reported on a meeting held in the office of CalPoly President. Baker on March 30th related to the Performing Arts Center. He announced that the Performing Arts Center will celebrate its ten -year anniversary next year. COMMUNICATIONS Council Member Settle requested that the resolution supporting pension reform (item C5) be placed on the agenda for action at the April 29th meeting of the Channel Counties Division of the League of California Cities. Council Member Mulholland spoke regarding her attendance at the 14th annual Local Government Commission Building Livable, Sustainable Communities Conference in March and asked Council colleagues to consider adopting the Ahwahnee Principles as guidelines for San Luis Obispo (see memo on file in the City Clerk's office). By consensus, Council referred the Ahwahnee Principles to staff to bring back for action at a future meeting. The intent is for these principles to be used for consideration when General Plan elements are brought forward to Council in the future. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:00 p.m. to Tuesday, April 19, 2005 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey Hoop City Clerk APPROVED BY COUNCIL: 4/19 /2005