HomeMy WebLinkAbout10/02/2007MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 2, 2007 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Andrew Carter, Allen Settle,
Vice Mayor Christine Mulholland
Absent: Mayor Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell,
City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck,
Assistant City Administrative Officer; John Moss, Utilities
Director; Jay Walter, Public Works Director; Betsy Kiser,
' Parks and Recreation Director; Peter Brown, Housing
Programs Manager; Claire Clark, Economic Development
Manager; Tim Bochum, Deputy Director Public Works;
Deborah Cash, Downtown Association Administrator; James
Bremer, Recreation Supervisor
PRESENTATIONS
Vice Mayor Mulholland presented a proclamation to Lisa Quinn, Regional
Rideshare, recognizing October 15 -19, 2007, as Rideshare Week.
Vice Mayor Mulholland presented a proclamation to John Moss, Utilities Director,
and Patricia Wilmore, P.G. & E. Local Area Manager /Governmental Relations,
recognizing October 2007, as Energy Awareness Month.
APPOINTMENTS
Al. APPOINTMENT OF NEW SAN LUIS OBISPO DOWNTOWN
ASSOCIATION BOARD OF DIRECTORS MEMBER.
Deborah Cash, Downtown Association Administrator, presented the staff report.
n
City Council Meeting
Tuesday, October 2, 2007
Page 2
ACTION: Moved by Settle /Brown to appoint Bob Seeley to the SLO
Downtown Association Board of Directors; motion carried 4:0 (Romero
absent).
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PUBLIC COMMENT
Jesse Arnold, Cambria, distributed a local surrey and information on the subject of
genetically engineered corn (on file in the City Clerk's office). He discussed
efforts being taken to ensure genetically engineered corn is appropriately labeled.
David Brodie, San Luis Obispo, said he thinks the Downtown Association is the
best proponent of downtown retail and recommended Council support the
Association in any way possible.
Gary Fowler, San Luis Obispo, said he hopes the sidewalks and curbs can be
replaced and repaired as needed on Higuera Street while it is closed for other
work. He referenced The Tribune's coverage of the Nacimiento Water project in
Paso Robles and suggested this matter will continue on to an election in San Luis
Obispo. He noted Copeland's recent revision to its downtown project. He
suggested that part-time students should be hired to eliminate graffiti in the City.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns re
personal harassment.
Phillip Grainger, San Luis Obispo, asked for clarification regarding the City's
occupancy ordinance.
City Attorney Lowell clarified that the occupancy depends on the size of the house
and referred Mr. Grainger to the City's Chief Building Official for specific
information.
Prez Washington, San Luis Obispo, discussed concerns he had related to SLO
County Public Access. These included, in part, the possibility that equipment had
been stolen and that proper accounting records were not being maintained.
City Clerk Hooper explained that she could not respond to comments that the City
does not have jurisdiction over, but would follow up on the allegation that
equipment was stolen. She clarified that Charter Communications maintains and
submits to the City an equipment inventory, that Charter also maintains
responsibility for equipment use, and that SLOCOPA submits financial records to
the City which are carefully reviewed by staff.
CONSENT AGENDA
Council Member Carter stated that he would oppose item C5.
City Council Meeting
Tuesday, October 2, 2007
Page 3
Vice Mayor Mulholland asked that item C7 be pulled for further clarification.
Pat Brown, Newport Beach, referred to item C7, said that he represented Orcutt
Associates, and offered to respond to questions regarding this item.
ACTION: Moved by Settle /Brown to approve the Consent Agenda as
indicated below.
C1. MINUTES OF SEPTEMBER 11, 2007, MEETING.
C2.
ACTION: Moved by Settle /Brown to waive oral reading and approve as
presented; motion carried 4:0 (Romero absent).
ACTION: Moved by Settle /Brown to: 1) Authorize the purchase of
additional right -of -way at 2140 Santa Barbara Avenue (Assessor's Parcel
No. 003 - 752 -005), for the sum of $64,200 and authorize the CAO to sign
all necessary purchase and escrow documents. 2) Authorize the CAO to
approve a Purchase Agreement for additional right -of -way located at 2034
Santa Barbara Avenue (Assessor's Parcel No. 003 - 752 -007), for a sum
not to exceed $155,000. 3) Authorize the Mayor to sign the Certificates of
Acceptance for additional Santa Barbara Avenue right -of -way acquisitions.
4) Approve plans and specifications for the "Santa Barbara Street
Widening; High to Broad Streets, Specification No. 90408" project and
authorize staff to advertise for bids for project construction. 5) Authorize
CAO to award the contract if lowest responsible bid is within Engineer's
estimate of $660,000. 6) Approve the transfer of $51,422 from the
budgets of several completed projects to the project budget and
appropriate $315,000 in approved additional State grant revenue to the
project budget and $200,366 from the unreserved General Fund balance
to the project budget; motion carried 4:0 (Romero absent).
C3. ORCUTT ROAD WATERLINE REPLACEMENT, SPECIFICATION_ NO.
90785.
ACTION: Moved by Settle /Brown to: 1) Approve plans and specifications
for Orcutt Road Waterline Replacement project, Specification No. 90785.
2) Authorize Staff to advertise for bids and authorize the CAO to award the
contract if the lowest responsible bid is within the Engineer's estimate of
$198,100. 3) Appropriate $228,160 from Water Fund Working Capital to
Water Distribution System Improvements Main Account to fund estimated
project costs; motion carried 4:0 (Romero absent).
City Council Meeting
Tuesday, October 2, 2007
Page 4
C4. REQUEST FOR PROPOSALS FOR UTILITIES SUPERVISORY
CONTROL AND DATA ACQUISITION SYSTEM UPGRADE.
ACTION: Moved by Settle /Brown to approve the request for proposals
(RFP) for Engineering Services for Utilities Supervisory Control and Data
Acquisition System (SCADA) upgrade, and authorize contract award by
the CAO, if the selected proposal is within the approved budget of
$100,000; motion carried 4:0 (Romero absent).
C5.
C6.
06/30/2012.
ACTION: Moved by Settle /Brown to adopt Resolution No. 9932 (2007
Series ) approving the Memorandum of Agreement with the San Luis
Obispo Police Staff Officers' Association for a five -year term; motion
carried 3:1 (Carter, opposed/Romero absent).
E HOLE #3 RE
ACTION: Moved by Settle /Brown to: 1) Award a contract to Brough
Construction in the amount of $95,295 for construction of the Laguna Lake
Golf Course Hole No. 90657. 2) Approve the transfer of $5,295 from the
Completed Projects account to the project account; motion carried 4:0
(Romero absent).
Item C7 was considered following action on the rest of the Consent Agenda.
C7. REIMBURSEMENT AGREEMENT WITH ORCUTT ASSOCIATES, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY FOR OVERSIZING OF
IMPROVEMENTS TO ORCUTT ROAD.
At the request of Vice Mayor Mulholland, Deputy Director Bochum presented a
brief report discussing the history, purpose and components of the
Reimbursement Agreement and responded to questions.
City Attorney Lowell said that following a review of the Reimbursement
Agreement and Subdivision Map Act, he is comfortable that the Agreement is in
conformity, but asked council to grant him authority to make minor, non -
substantive changes to the agreement if necessary.
ACTION: Moved by Brown /Carter to approve a Reimbursement
Agreement with Orcutt Associates, LLC, a California limited liability '
company for Improvements to Orcutt Road as part of Tract 2707
City Council Meeting Page 5
Tuesday, October 2, 2007
(Tumbling Waters), 953 Orcutt Road JR 151 -03, GPA/ER 114 -02). The
motion included granting authority to the City Attorney to make non -
substantive changes to the agreement if necessary prior to its execution;
motion carried 4:0 (Romero absent).
C8.
1.
ACTION: Moved by Settle /Brown to: 1) Approve notice requesting
proposals for base year traffic model development services. 2) Authorize
the CAO to execute an agreement with the selected consulting firm;
motion carried 4:0 (Romero absent).
DEVELOPMENT
PROGRAMS.
PUBLIC HEARINGS
R
LATI
FBI
Housing Programs Manager Brown presented the staff report. He and CAO
Hampian responded to questions.
Vice Mayor Mulholland opened the public hearing.
No comments were forthcoming.
Vice Mayor Mulholland closed the public hearing.
ACTION: Moved by Settle /Brown to establish the CDBG and GIA funding
priorities; motion carried 4:0 (Romero absent).
BUSINESS ITEMS
Council concurred to reorder the Agenda to consider item B3 at this time.
3. PROPOSED UP
Downtown Association Administrator Cash presented the staff report, and Project
Consultant Jeffrey Eichenfield, Eichenfield & Associates, discussed the
development of the Strategic Business Plan. Economic Development Manager
Clark was present to respond to questions.
1 Public Comments
City Council Meeting
Tuesday, October 2, 2007
Page 6
Joseph Abrahams, San Luis Obispo, spoke in support of the proposal and making
the Downtown Association autonomous. '
- - -end of public comments - --
Council Members Brown and Settle spoke in support of the recommendation.
Vice Mayor Mulholland asked the Downtown Association to take into consideration
that its Mission Statement should focus on its own strengths and not necessarily
on being a regional center for all of San Luis Obispo County.
ACTION: Moved by Brown/Settle to: 1) Adopt the proposed 2007 San
Luis Obispo Downtown Association Strategic Business Plan (2007
Strategic Plan). 2) Direct staff and the Downtown Association
Administrator to research, and return to Council with recommended
actions, including an ordinance amending the municipal code, to
implement the 2007 Strategic Plan goal of dissolving the Downtown
Association City Advisory Body and creating a non - profit organization by
July 1, 2008. 3) Direct staff to include in the proposed ordinance an
extension of the terms of the Downtown Association Board of Directors
through July 1, 2008, to ensure organizational stability through the
transition of the Downtown Association from City Advisory Body to a non-
profit organization. 4) Direct staff to evaluate the business improvement
assessment district fees and return to Council with recommended action;
motion carried 4:0 (Romero absent).
Council recessed from 8:24 to 8:35 p.m.
2. USE OF SAN LUIS OBISPO STADIUM FOR 2008.
Parks and Recreation Director Kiser presented the staff report and responded to
questions. Joint Use Committee Member Colin Jones and Parks & Recreation
Committee /Joint Use Committee (JUC) Member Rick May were present, as was
James Bremer, Recreation Supervisor, to respond to questions.
Public Comments
Rick May discussed the use of the SLO Baseball Stadium by a number of teams
over the years and how the JUC arrived at its decision this year to limit the use of
the Stadium to the two teams.
Tim Golden discussed the historical use of the facility and explained why he
opposed the proposal. In particular, he did not think that there is room or public
benefit for having two teams using the field.
City Council Meeting Page 7
Tuesday, October 2, 2007
Michael Lara, Nipomo, said he manages field personnel for PG &E and is affiliated
' with the SLO Blues baseball team. He also referred to the history of the use of the
field. He expressed concern that it will be financially impossible for the SLO Blues
to sustain itself if the dates are reduce and asked that SLO Blues be given a
priority.
Danny Fabian, San Luis Obispo, also discussed the history of SLO Blues in the
City, explained why he did not think the community will benefit from the proposal,
and asked Council not to support it.
Jill Lemieux, Chair, Parks & Recreation Commission, explained why the Parks &
Recreation Commission made Recommendation 6 and acknowledged the benefits
of the process undertaken in arriving at the recommendations before Council.
Each of the speakers responded to questions raised by Council Members.
- -end of public comments --
In response to Vice Mayor Mulholland, Parks & Recreation Director Kiser clarified
when the Senior Men's Baseball team will have access to the facility and explained
that this is a recreational league that doesn't require the use of the City's
specialized facility.
' Council Member Brown discussed his involvement in this process and the
importance of the Requests for Proposals in identifying the two best semi -pro
teams to share the use of the SLO Baseball Stadium in 2008. As a resuilt of
remarks made during public comments, he pointed out that the Stadium is a public
facility that is intended for public use and will not necessarily guarantee ecomomic
success for a baseball team, but the proposal will allow for competition.
Council Member Settle said that the priority for the Stadium is to allow the
maximum use of the field, followed by making it available to youth and seniors. He
questioned, however, whether the use of the facility by two teams would be
economically viable for either one.
Council Member Carter acknowledged that it will be difficult for two teams to
succeed financially with shared use of the facility, but suggested that the City's
responsibility is not to ensure profitability of a private enterprise and so he
supported the recommendation.
Vice Mayor Mulholland concurred that the SLO Stadium is a public facility, that it
should be available to as many members of the public as possible, and that the
issue of its profitablity for a team is not the City's concern.
' In response to Vice Mayor Mulholland's concerns regarding the indefinite
suspension of the use of the Statdium beyond the SLO Blues and SLO Rattlers,
City Council Meeting
Tuesday, October 2, 2007
Page 8
CAO Hampian suggested the RFP process be for the 2008 season only at this
time. If the process is successful, it can be extended for multiple years beyond
that time.
ACTION: Moved by Brown /Carter to: 1) Concur that the use of San Luis
Obispo Baseball Stadium (SLO Baseball Stadium) for semi - professional
baseball teams is now "impacted" and that use by additional semi-
professional teams be suspended in 2008. 2) Approve amendments to
the SLO Baseball Stadium Priorities for Use, to be extended until
September 1, 2008. 3) Endorse the concept of a Request for Proposal
(RFP) inviting the Blues and the Rattlers to bid for shared exclusive use of
SLO Baseball Stadium for the 2008 semi - professional collegiate baseball
season. 4) Assuming both teams meet minimum RFP requirements,
return to the City Council for: a) approval of recommendations from the
review committee for shared use of the stadium with the number of games
allocated to each team dependent upon responsiveness to the criteria set
forth in the RFP; the quality of team performance during the proposal
review and interview process; and past performance with the City; and b)
approval of use agreements for the 2008 season. 5) Adopt Resolution No.
9933 (2007 Series) amending the fee schedule for use of SLO Baseball
Stadium, to become effective January 1, 2008. 6) Approve the inclusion
of criteria in the RFP for a food and beverage management plan, and if not
adequately addressed by either organization, then approve the release of
a separate RFP for an exclusive food and beverage concessionaire for the
SLO Baseball Stadium form January through September; motion carried
3:1 (Settle opposed, Romero absent).
COUNCIL LIAISON REPORTS
Council Member Settle reported on his recent attendance at a Performing Arts
Center meeting.
Vice Mayor Mulholland reported on her attendance, in the Mayor's place, at the
September 20 Student Community Liaison Committee meeting. (Council
Member Settle also attended that meeting.) She announced that Make -A-
Difference Day will be held on Saturday, October 27th. Check in is at the Chumash
Auditorium at 9:00 a.m. She also reported on her attendance at the September
21 st California Men's Colony Citizens Advisory Committee meeting and the
September 26th Air Pollution Control District. Board meeting.
COMMUNICATIONS
Council Member Settle announced that the Channel Counties Division will meet on
October 12th. He expressed concern regarding the 200 -year flood standard of
performance adopted by the State and its impact on cities. 1
City Council Meeting
Tuesday, October 2, 2007
Page 9
Vice Mayor Mulholland said she will attend the Channel Counties Division meeting
' and has offered to serve on its Environmental Quality Committee.
Council Member Settle said he will continue to serve on the Revenue and Taxation
Committee.
There being no further business to come before the City Council, Vice Mayor
Mulholland adjourned the meeting at 10:10 p.m.
(L/x i/ '-z
Audrey Ho er
City Cler cp
APPROVED BY COUNCIL: 11/06/07
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