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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). ---------------------------------------------------------------------------------------------------- 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 1 1