HomeMy WebLinkAbout06/03/2008MINUTES
1 SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 312008 — 6:15 P.M.
FINANCE AND INFORMATION TECHNOLOGY CONFERENCE ROOM,
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
1
1
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen
Settle, Vice Mayor Paul Brown, and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell,
City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck,
Assistant City Administrative Officer
ANNOUNCEMENT OF CLOSED SESSION TOPIC
City Attorney Lowell announced following Closed Session:
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: APN's 002- 416 -034 and 002 -416 -029
Negotiating Parties:
City of San Luis Obispo: Shelly Stanwyck, Claire Clark, Jonathan
Lowell
San Luis Obispo Court Street, LLC
(aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer, Mark
Rawson
Negotiations:
Consider modification of Option to
Purchase Real Property Agreement
PUBLIC COMMENT ON CLOSED SESSION ITEM
Mayor Romero called for public comments. None were forthcoming and the
meeting adjourned to the Closed Session:
CLOSED SESSION REPORT
City Council Meeting
Tuesday, June 3, 2008
Page 2
City Attorney Lowell reported on the Closed Session at the commencement of
the Regular meeting as indicated below.
The Special Meeting adjourned at 6:50 p.m.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 312008 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen
Settle, Vice Mayor Paul Brown, and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell,
City Attorney; Audrey Hooper, City Clerk; and Shelly
Stanwyck, Assistant City Administrative Officer, were
present at Roll Call. Other staff members presented reports
or responded to questions as indicated in the minutes.
CLOSED SESSION REPORT
City Attorney Lowell reported that Council met in Closed Session to discuss
negotiations with its real property negotiators concerning City -owned property at
Palm, Morro, Chorro, and Monterey Streets, also known as the proposed
Chinatown project site. Council provided direction to its negotiators regarding
modification of the Option to Purchase Real Property Agreement. There was no
further reportable action.
PRESENTATIONS
Mayor Romero and Council Members presented San Luis Obispo High School
students with Certificates of Appreciation for Community Service. Instructor
Ursula Bishop assisted.
Joe Carotenuti and Dean Miller, community volunteers and historians, discussed
the value of the City's historical records dating back more than 100 years and the
importance of preserving these records. They presented Council with copies of 1
a brochure designed by Mary Verdin entitled, "Saving Yesterday for Tomorrow,"
City Council Meeting
Tuesday, June 3, 2008
Page 3
which will be widely distributed as they pursue the Citywide historical records
' restoration project. Members of the community will be given an opportunity to
sponsor the restoration of a historical book or documents.
Mayor Romero announced vacancies on the Bicycle Advisory Committee, Joint
Use of Recreational Facilities Committee, Mass Transportation Committee, and
the San Luis Obispo Council of Governments Community Transportation
Advisory Committee.
Al. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION.
Council Member Mulholland reported on this appointment.
ACTION: Moved by Mulholland /Settle to appoint Gill Blonsley to the Human
Relations Commission (HRC) effective June 3, 2008, and expiring on March 31,
2012, as recommended by the Council Subcommittee; motion carried 5:0.
PUBLIC COMMENT
Julia Lehrman expressed concern regarding the lack of lighting in the vicinity of
Hathaway and Orange. Cal Poly students Ad DiFrancesco and Alisha Kum stood
with Ms. Lehrman in support of her concerns but did not comment. Ms. Lehrman
will further discuss her concerns with Public Works Director Walter.
Terry Mohan, San Luis Obispo, expressed his continuing opposition to increased
water and sewer rates.
Dan MacKirdy, San Luis Obispo, expressed concerns he's discussed with Public
Works staff regarding the increase of speeders on Morro Street since the stop
signs at Buchon, Islay and Church Streets were removed. He urged that staff
move expeditiously in completing the Bill Roalman Bicycle Boulevard and not wait
until each phase is completed to again measure the traffic speeds in that area.
Public Works Director Walter discussed the status of and steps that will be taken to
complete the remaining phase of the Bicycle Boulevard project. Construction of
this final phase should be underway in the latter part of September.
Ron Bearce, San Luis Obispo, referred to local media coverage related to
Charter's financial status, asked Council to investigate Charter's role in the
operations of SLO County Public Access, and suggested a public forum should be
held to discuss his concerns.
Gary Fowler, San Luis Obispo, suggested that Copeland should consider solar
paneling for its Chinatown project. He suggested that action should be taken to
City Council Meeting
Tuesday, June 3, 2008
Page 4
resolve health and safety issues at businesses on Roberto Lane, Sacramento
Street and several areas bordering the railroad and creek in that area. ,
Mayor Romero asked staff to investigate Mr. Fowler's concerns.
CONSENT AGENDA
Council Member Mulholland opposed item C5 pa.rticiularly because Council
Members are volunteers and this City pays the highest of most comparison cities.
She said she would oppose item C8 for reasons previously stated.
Council Member Carter asked that item C5 be pulled for discussion.
Tent/ Mohan, San Luis Obispo, spoke in opposition to item C2. He suggested that
this program is, in essence, a subsidy to property owners from public funds.
ACTION: Moved by Carter /Brown to approve the Consent Agenda, with the
exception of item C5, as indicated below.
C1. MINUTES OF TUESDAY, APRIL 15, 2008.
ACTION: Moved by Carter /Brown to waive oral reading and approve as
presented; motion carried 5:0. '
C2. RESOLUTION AUTHORIZING THE COUNTY'S COLLECTION OF FIRE
ACTION: Moved by Carter /Brown to adopt Resolution No. 9986 (2008 Series)
enabling the continued collection of multi - dwelling property fire and life safety
inspection fees via the secured property tax roll administered by the County;
motion carried 5:0.
C3. MILLS ACT CONTRACT FOR THE HISTORIC SHIPSEY HOUSE
(CHCMA 10 -08).
ACTION: Moved by Carter /Brown to adopt Resolution No. 9987 (2008 Series)
approving a Mills Act contract for the historic Shipsey House located at 1266 Mill
Street (CHCMA 10 -08); motion carried 5:0.
C4. NOMINATION OF CONTRIBUTING HISTORIC PROPERTY TO THE
MASTER LIST OF HISTORIC RESOURCES AND APPROVAL OF
MILLS ACT CONTRACT FOR THE PROPERTY AT 1333 MILL STREET
(CHCMA 143 -07).
ACTION: Moved by Carter /Brown to: 1. Adopt Resolution No. 9988 (2008
Series ) placing the property at 1333 Mill Street on the City's Master List of
City Council Meeting
Tuesday, June 3, 2008
Page 5
Historic Resources with the historic name, "Burch House." 2. Adopt Resolution
' No. 9989 (2008 Series) approving a Mills Act contract for the historic Burch
House at 1333 Mill Street; motion carried 5:0.
Item C5 was pulled from the Consent Agenda and considered for separate
action.
C5. 2008 COUNCIL COMPENSATION COMMITTEE RECOMMENDATION.
Council Member Mulholland spoke on this item prior to action on the Consent
Agenda.
Council Member Carter, Vice Mayor Brown and Mayor Romero spoke in support
of the recommendation.
ACTION: Moved by Carter /Brown to adopt Resolution No. 9990 (2008 Series)
amending Council Policies and Procedures to: 1. Include the following sentence
as an introduction to Chapter 2, Council Compensation: "In recognition of
Council's service to the community, a salary is provided to compensate for
substantial time demands. However, this salary is not intended to be a
sustaining income." 2. Increase salaries for the Mayor and Council Members by
6% effective the first full pay period in January 2009. 3. Maintain the current
' stipend for the Planning Commissioners and Architectural Review
Commissioners; motion carried 3:2 (Mulholland /Settle opposed).
C6. FINAL
FACILITATE RESTRUCTURING OF THE DOWNTOWN ASSOCIATION.
ACTION: Moved by Carter /Brown to adopt Ordinance No. 1512 (2008 Series);
motion carried 5:0.
C7.
1
INCREASE THE DOWNTOWN PARKING AND BUSINESS
IMPROVEMENT AREA ASSESSMENT.
ACTION: Moved by Carter /Brown to adopt Ordinance No. 1516 (2008 Series);
motion carried 5:0.
C8. PRE - ANNEXATION AGREEMENTS PROPOSED FOR SAN LUIS
OFFICE PARK AND HANSON AGGREGATES IN THE AIRPORT AREA.
ACTION: Moved by Carter /Brown to authorize the Mayor to execute Pre-
, Annexation Agreements with San Luis Business Park and Hanson Aggregates in
City Council Meeting Page 6
Tuesday, June 3, 2008
substantially the same form as the drafts attached to the report and approved by
the City Attorney; motion carried 4:1 (Mulholland opposed). 1
C9. AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM.
ACTION: Moved by Carter /Brown to authorize the Chief of Police to execute an
agreement to facilitate the City's participation in the San Luis Obispo Regional
Special Weapons and Tactics Team (Regional SWAT) and to allow execution of
any modification to the proposed agreement if approved by the City Attorney and
involve only non - substantive changes; motion carried 5:0
C10. APPROPRIATIONS LIMIT FOR 2008 -09.
ACTION: Moved by Carter /Brown to adopt Resolution No. 9991 (2008 Series)
establishing the City's appropriations limit for 2008 -09; motion carried 5:0.
C11. QUITCLAIM OF EASEMENT ON 3600 SOUTH HIGUERA.
ACTION: Moved by Carter /Brown to adopt Resolution No. 9992 (2008 Series)
relinquishing the City's interest in an exclusive easement on the property at 3600
South Higuera, and authorize the Mayor to execute the quitclaim deed; motion
carried 5:0.
PUBLIC HEARINGS
1. ADOPTION OF 2008 -09 BUDGET.
CAO Hampian made some introductory remarks following which Finance and
Information Technology Director Statler and Assistant CAO Stanwvck presented
the staff report. They and Public Works Director Walter responded to questions.
Mayor Romero opened the public hearing.
Gary Fowler, San Luis Obispo, clarified that the entire Highway Patrol budget
comes out of the Motor Vehicle License Fund, not the State's General Fund as
indicated in the presentation. He questioned whether the City of Vallejo's
bankruptcy might impact other cities. He discussed the potential impact of the
Governor's failed attempt for a bond issue to resolve overcrowding of prisons.
Finance and Information Technology Director Statler responded to Mr. Fowler's
questions and explained why issues leading to Vallejo's bankruptcy were unique to
that City.
A brief discussion followed regarding the potential impact that binding arbitration
may have on the City's budget. 1
City Council Meeting
Tuesday, June 3, 2008
Page 7
Mayor Romero closed the public hearing.
' Council Member Carter referred to a request from the Economic Vitality
Corporation (EVC) for an increase from $5,000 to $20,000 in the annual
operational funds provided by the City. He explained why he believed that the
City should at least fund the EVC at $10,000 for the next year of this budget
cycle (i.e., at the same level as Paso Robles) and consider an additional increase
during the next two -year budget cycle.
Council Member Mulholland said she thought this action should be deferred until
the City' next budget cycle and a report has been received on the Economic
Development Vision which is in process.
Council Member Brown discussed the need for budget reductions in the past,
when the City's funding was reduced, and spoke in support of Council Member
Carter's suggestion.
Mayor Romero concurred with Council Member Carter and Vice Mayor Brown.
ACTION: 1) Moved by Settle /Mulholland to adopt Resolution No. 9993 (2008
Series) approving the 2007 -09 Financial Plan Supplement and 2008 -09 Budget;
motion carried 5:0. 2) Moved by Brown /Carter to increase the budget for 2008-
, 09 for the EVC by $5,000 to $10,000; tamed 3:2 (Mulholland /Settle opposed).
Council recessed from 8:55 to 9:06 p.m. and the meeting reconvened with all
members present.
2.
Principle Administrative Analyst. Elke presented the staff report. She and City
Attorney Lowell responded to questions.
Promotional Coordinating Committee Chairperson (PCC) Kate Norton was
present to answer questions on behalf of the PCC if required. -
Mayor Romero opened the public hearing.
John Connor, member of the PCC, expressed appreciation to staff and others who
have assisted with moving this project forward.
Robert Mueller noted the support of local hoteleirs and mentioned that interest has
been expressed in the possibility of using SLO's model elsewhere in the county.
Mayor Romero closed the public hearing.
City Council Meeting Page 8
Tuesday, June 3, 2008
Council discussion followed during which City Attorney Lowell clarified that the
Council determines how the funds are to be spent. Finance Director Statler t
added that while there will be additional staff time involved in collecting the
assessment, if the program is successful and increases the transient occupancy
tax, it will compensate for staff costs. He noted that the program may be
reviewed on a year -to -year basis.
ACTION: Moved by Mulholland /Settle to: 2) Determine that there was less than
a majority protest. 3. Introduce Ordinance No. 1516 (2008 Series) establishing
the Tourism Business Improvement District in the City of San Luis Obispo;
motion carried 5:0.
3. APPEAL OF AWARD OF TANK FARM PROJECT CONTRACT.
Wastewater Division Manager Hix presented the staff report. Richard Fischer,
Construction Manager, was present to respond to questions.
Mayor Romero opened the public hearing.
Attorney Treven Tilbury, Attorney representing the appellant (Whitaker
Contractors), discussed the basis of Whitaker's protest to awarding the bid for
the Tank Farm Project to Mountain Cascade. He elaborated on why he believes
the contractor was required to possess a Hazardous Substances Removal 1
Certificate endorsement at the time the bids were opened.
Appellant Brett Whitaker expanded on Mr. Tilbury's explanation. He displayed
drawings in support of his belief that it was conveyed to bidders that hazardous
waste work would be required with this project, and why a lack of the certificate
was problematic at the time bids were opened.
John Busby, Attorney representing Mountain Cascade, noted the qualifications of
Mountain Cascade and explained why he believed the protest was invalid. He
reviewed requirements set forth in the Public Contract Code for public agencies
to include the type of classification contractors will need to possess at the time of
the bid and said this was done. He referenced sections of the Business &
Professions Code which allows the public agency to select the type of contract it
deems is necessary to complete a project.
Mr. Tilbury cited sections of the Business and Professions Code and explained
why he disagreed with Mr. Busby on several points.
City Attorney Lowell said that his office has reviewed this matter and continues to
support the CAO recommendation.
Mayor Romero closed the public hearing. 1
City Council Meeting
Tuesday, June 3, 2008
Page 9
Council Member Carter, Vice Mayor Brown and Mayor Romero noted their
' support of the City Attorney's advice and the CAO recommendation.
ACTION: Moved by Mulholland /Carter to deny the appeal by Whitaker
Contractors, Inc. and affirm contract award to Mountain Cascade Inc., in the
amount of $9,179,000.00 for the Tank Farm Gravity Sewer, Lift Station and Force
Main Project, Specification No. 99703; motion carried 5:0.
None.
COUNCIL LIAISON REPORTS
COMMUNICATIONS
Council Member Mulholland referred to her memorandum (on file in the City
Clerk's office) requesting Council to direct staff to bring forward an ordinance that
would prohibit businesses from leaving doors open when either the heat or air
conditioning is on. Council Members Carter and Settle concurred, and staff will
agendize this matter for future discussion.
Council Member Brown referred to his attendance at a workshop at Cal Poly
orchestrated by Police Chief Linden during which she corrected misinformation
' posted on the Facebook intemet site regarding increased police enforcement and
the use of Measure Y funds. During the workshop, she clarified that it is not
intended to target the student population.
Council Member Carter referred to an email Council received regarding the
possibility of implementing an outdoor ban on smoking. There was no support to
pursue this matter further.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 10:08 p
Audrey Hoo r
City Clerk
APPROVED BY COUNCIL: 07/01/08
1