HomeMy WebLinkAbout11/18/2008MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 18, 2008 - 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.Manager, Jonathan Lowell, City Attorney, Shelly
Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
INTRODUCTIONS
Director of Finance and Information Technology Statler introduced Steve Schmidt, who
was recently promoted to the position of Information Technology Manager, and newly
' hired Network Administrator Tim Cool.
ANNOUNCEMENT
Mayor Romero announced the current vacancies on the City's advisory bodies.
PRESENTATIONS
Mayor Romero presented Dr. Steve Hansen, representing the County Medical
Association and the County Tobacco Control Coalition, with a proclamation recognizing
the efforts of local hospitals on behalf of and proclaiming the City's support for a tobacco
free environment.
APPOINTMENTS
Al. APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE,
Council Member Mulholland reported on the interview process and the
recommendations of the Subcommittee.
ACTION: Moved by Mulholland /Carter to, as recommended by Council Subcommittee
' Members Christine Mulholland and Andrew Carter, make the following appointments to
the Mass Transportation Committee (MTC): 1. Appoint Kathy Howard as the Alternate
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Tuesday, November 18, 2008
Member with a term expiring March 31, 2010. 2. Appoint Robert Wolf to the position of
Senior Representative with a term expiring March 31, 2009. 3. Appoint Elizabeth Thyne
as the Alternate Member with a term expiring March 31, 2010; motion carried 5:0.
PUBLIC COMMENT
Council Member Elect John Ashbaugh thanked Fire and Police personnel for the
tremendous job they did in containing the El Cerrito fire last week.
Gary Fowler, San Luis Obispo, expressed disappointment in the relocation of the precinct
at the Ludwick Center to the back of the facility.
John Altman, San Luis Obispo, discussed his disappointment that the Bill Roalman
Bicycle Boulevard has not yet been completed.
Steve Barasch, San Luis Obispo, discussed an incident when a construction cone hit the
vehicle in which he and his wife were traveling on Johnson Avenue. He cited another
incident when his wife was endangered as a pedestrian because of construction work.
He provided suggestions for better supervision of contracts and ensuring contractors are
responsive when these incidents occur.
City Attorney Lowell said staff will consider Mr. Barasch's suggestions, noted Mr. Barasch
has filed a lawsuit against the City stemming from the incident, and explained the City will
tender defense of the litigation to the contractor doing the pavement work on Johnson t
Avenue.
The following speakers discussed their continuing concerns related to the public access
channel, particularly its lack of diversity, and distributed copies of related advertisements,
photographs, and an article about Mr. Germany that appeared in a recent issue of the
"Central Coast Home & Outdoor' publication (on file in the City Clerk's office):
Ron Bearce, San Luis Obispo
Leslie Bearce, San Luis Obispo
Patrick Germany, Paso Robles
Council Member Elect Jan Howell Marx, San Luis Obispo, referred to upcoming Planning
Commission vacancies and said she hoped the current Council would defer selection of
the new Commissioners until December 2nd or slow down the interview process.
Arnold Ruiz, San Luis Obispo, discussed his ongoing concerns regarding the condition of
Laguna Lake and asked for City authority to assist with a project to restore the lake. (A
letter detailing Mr. Ruiz's concerns is on file in the City Clerk's office.)
Public Works Director Walter discussed the status of the Laguna Lake project and said
that staff will be bringing a project request forward with the 2009 -2011 Capital I
Improvement Program.
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Tuesday, November 18, 2008
' Adam Fukushima, San Luis Obispo Bicycle Coalition, noted that the portion of the Bill
Roalman Bicycle Boulevard referenced by Mr. Altman earlier will be completed within the
next few months. He clarified that Mr. Altman's position did not reflect that of the Bicycle
Coalition.
Sean McNabb, San Luis Obispo, discussed his continuing concerns regarding the 300
Lawrence Drive project. He referred to a letter he received from the City dated
September 10"' indicating that no construction was taking place on the site. He also
referred to a complaint he filed with the City on October 7"' alleging that if this was not a
construction site, a sign violation had occurred when a construction sign was installed. (A
copy of the complaint is on file in the City Clerk's office.)
City Manager Hampian said that staff will investigate and respond to Mr. McNabb's
concerns.
Marcia Nelson, San Luis Obispo, suggested that information regarding campaign
donations and expenditures should be more readily available on the City's website.
Charles Oldham, San Luis Obispo, referred to Mr. Fowler's comments regarding the
relocation of the precinct in the Ludwick Center and explained that the main room was
being used by the seniors on Election Day.
CONSENT AGENDA
At Council Member Mulholland's request, Council concurred to pull items C2, C3 and C10
from the Consent Agenda.
ACTION: Moved by Brown/Settle to approve the Consent Agenda excluding items C2,
C3, and C10, as indicated below.
C1. MINUTES OF SEPTEMBER 30, OCTOBER 7 AND 21, 2008.
ACTION: Moved by Brown /Settle to waive oral reading and approve the minutes as
amended; motion carried 5:0. (See memo on file in the City Clerk's office.)
C2. SANTA ROSA PARK ROLLER HOCKEY RINK EXPANSION, SPECIFICATION
NO. 90751.
Council Member Mulholland expressed concern regarding the cost for pursuing two
design options as contained in recommendation #1 ( "Extended Slab" and "Remove and
Replace ") and suggested that it would be more feasible to only pursue the "Remove and
Replace" option. Council concurred. The motion included revised costs.
' ACTION: Moved by Mulholland /Brown to: 1. Direct staff to move forward with design
for the Santa Rosa Park Roller Hockey Rink Expansion Project based on the "Remove
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Tuesday, November 18, 2008
and Replace" option. 2. Award a Purchase Order to Wallace Group in the amount of
$35,895 to provide construction documents for the design of both options and authorize ,
the Finance Manager to execute the Purchase Order. 3. Authorize the transfer of
$25,000 from the Completed Projects account to the project design account to cover
estimated design costs. 4. Authorize the City Manager to approve the construction
plans and specifications, advertise for bids, and award the contract; motion carried 5:0.
C3. AGRICULTURAL LEASE WITH WILLIAM OSTRANDER AT CITY -OWNED
PROPERTY AT 0 CALLE JOAQUIN (FORMER.MCBRIDE /GEARHART
PROPERTY).
Council Member Mulholland raised concern regarding the length of the proposed lease
and the lack of specific information in the lease pertaining to the infrastructure Mr.
Ostrander offered to install. She asked Council to consider tabling this item so that
other possibilities for the property could be investigated.
Brett Cross, San Luis Obispo, expressed disappointment in the recommendation and
offered to enter into a lease agreement with the City for the use of this property for an
amount just higher than $1 rent offered to Mr. Ostrander.
Council Member Elect Marx, San Luis Obispo, concurred with the recommendation that
this matter be tabled and suggested a community garden should be explored for this
site.
Natural Resources Manager Havlik discussed the geography and historical context of
the subject property, components of the lease, and Mr. Ostrander's offer to provide
infrastructure on the site that would connect to the existing well. He responded to
Council's questions.
Eric Mever, San Luis Obispo, suggested that a community garden might work on the
site, but spoke in support of Mr. Ostrander.
Discussion ensued during which Council Member Carter and Mayor Romero favored
tabling this matter to allow for further investigation of alternatives or for, if an agricultural
lease with Mr. Ostrander is presented to Council at a future date, modification of the
agreement to clearly describe the infrastructure that would be installed.
Council Member Brown acknowledged the points raised, but expressed concern
regarding the length of time it would take to develop alternatives.
Council Member Settle supported tabling this matter for a short period of time to allow
refinement of the suggestion that language be added to the contract related to the
installation of infrastructure.
ACTION: Moved by Mulholland /Carter to table this item for several months for further 1
investigation of alternatives and if an agricultural lease with Mr. Ostrander is presented
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Tuesday, November 18, 2008
to Council for consideration, the agreement should clearly describe the infrastructure to
be installed; motion carried 4:1 (Brown opposed).
C4. STREET SWEEPER PURCHASE, SP_ECIFICATION_90847.
ACTION: Moved by Brown /Settle to: 1. Approve a cooperative purchase in the amount
of $173,575.71 to GCS Western Power and Equipment for one 2009 TYMCO Model
600 Regenerative Air Street Sweeper (Street Sweeper) and authorize Finance Manager
to execute the purchase order. 2. Approve the use and transfer of $7,776 from the
Capital Improvement Project (CIP) Reserve account to this project account to fully fund
this purchase; motion carried 5:0.
C5. STATEMENT OF AUDITING STANDARDS NO. 114: AUDITOR
COMMUNICATIONS WITH THE COUNCIL.
ACTION: Moved by Brown /Settle to designate the Mayor as the Council's
representative in communicating with the City's independent auditors in implementing
Statement of Auditing Standards No. 114; motion carried 5:0.
C6. AMENDMENT TO 2007 -2012 MEMORANDUM OF.AGREEMENT WITH THE
SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION.
ACTION: Moved by Brown /Settle to adopt Resolution No. 10035 (2008 Series)
amending the 2007 -2012 Memorandum of Agreement with the San Luis Obispo Police
Staff Officers' Association; motion carried 5:0.
.:C7. MANAGEMENT EMPLOYEES' COMPENSATION.
ACTION: Moved by Brown/Settle to adopt Resolution No. 10036 (2008 Series)
approving management compensation through December 31, 2009; motion carried 5:0.
C8. BANNER AND FLAG POLICY REVISIONS.
ACTION: Moved by Brown /Settle to approve minor changes regarding banner size and
composition to the City's Banner and Flag Policy; motion carried 5:0.
C9. APPROVAL OF THE FINAL MAP FOR TRACT 2787, 562 SANDERCOCK
(TR/ER 202 -05).
ACTION: Moved by Brown /Settle to adopt Resolution No. 10037 (2008 Series)
approving the Final Map for Tract 2787 (562 Sandercock) and authorizing the Mayor to
execute the subdivision agreement on behalf of the City; motion carried 5:0.
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C10. SENIOR CENTER PARKING LOT SPECIFICATION NO. 90803.
Discussion ensued regarding whether Council should take public testimony and 1
proceed with this item at this time or continue this matter until the new Council Members
are seated on December 2 "d, since it was not known whether a majority of the Council
would continue to support proceeding with the Senior Center parking lot.
Council Members Settle and Mulholland supported continuing this matter to December
2"
Council Member Brown discussed his disappointment that it has taken two years to
award the bid for this project, but indicated that he will support the majority of the
Council in this matter to avoid potential litigation should the contract be entered into and
the new Council then overturn this action.
Mayor Romero reviewed the history of this project and spoke in support of proceeding
with the parking lot. He was in favor of receiving public testimony and acting on this
item at this time.
Council Member Carter said that while his support of the parking lot project has not
changed, he does not want to expose the City to litigation, knowing that the next Council
could vote to bring this matter back and potentially rescind this action. He said he also
believed the new Council has a right to act on this matter.
Dan MacKirdy, San Luis Obispo, said he supported tabling this matter.
ACTION: Moved by Mulholland /Settle to continue action on this item to the meeting of
December 2, 2008; motion carried 4:1 (Romero opposed).
C11. PROPOSITION 1B 2008 -09 APPROPRIATION,
ACTION: Moved by Brown /Settle to approve a plan for the use of the City's share of
the State's 2008 -09 Proposition 1 B appropriation by increasing funding for street
reconstruction and resurfacing by $657,700; motion carried 5:0.
Council recessed at 8:50 p.m. and the meeting reconvened at 9:05 p.m. with all
members present.
PUBLIC HEARINGS
1.
Director of Public Works Walter introduced this item, following which Transit Manager
Webster presented the agenda report and responded to questions. I
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Tuesday, November 18, 2008
Mayor Romero opened the public hearing.
' No comments were forthcoming.
Mayor Romero closed the public hearing.
ACTION: Moved by Mulholland /Carter to: 1. As recommended by the Mass
Transportation Committee, approve the 2008 -09 Federal Transit Administration
Program of Projects. 2. Adopt Resolution No. 10038 (2008 Series) authorizing the
Public Works Director to file a grant application and execute a grant agreement with the
Federal Transit Administration in the amount of $1,315,500; motion carried 5:0.
2. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE
ADJUSTMENT APPLICATION.
Utilities Director Mattingly introduced this item, following which Conservation Manager
Munds presented the agenda report and responded to questions.
Mayor Romero opened the public hearing.
Eric Meyer, San Luis Obispo, expressed concern that the miniature garbage cans have
not been in stock for sometime and so he has been forced to purchase the larger can.
' Conservation Manager Munds indicated that he would follow up on this matter.
Mayor Romero closed the public hearing.
ACTION: Moved by Carter /Mulholland to adopt Resolution No. 10039 (2008 Series)
increasing solid waste rates by 4.08% for interim year 2009 to become effective on
January 1, 2009; motion carried 5:0.
3. REVIEW OF THE HISTORIC STRUCTURES.REPORT REGARDING
REMAINING CHARACTER- DEFINING.FEATURES OF THE SAUER. BAKERY
(848 MONTEREY) AND THE BLACKSTONE HOTEL (984 AND 986 CHORRO
AND 840.842 AND 844 MONTEREY) AS DIRECTED BY THE CITY COUNCIL
Community Development Director Mandeville introduced this item, following which
Senior Planner Pam Ricci presented the agenda report and responded to questions.
Mayor Romero opened the public hearing.
The following speakers expressed concerns regarding the adequacy of the Historic
' Structures Report. Their comments and /or concerns included, in part, that the report
should have included a cost- benefit analysis and a structural feasibility analysis of the
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Tuesday, November 18, 2008
Page 8
buildings, that the Cultural Heritage Committee (CHC) was not given adequate time to
review the report, that the Streamline Modeme style should be retained, that the ovens '
should not be relocated, and that it is important that the goals of the National Trust for
Historic Preservation and the Main Street Program be achieved.
Linda Groover, San Luis Obispo
Allen Cooper, San Luis Obispo
Paula Carr, San Luis Obispo
Joseph Abrahams, San Luis Obispo
Elisabeth Abrahams, San Luis Obispo
Louise Schiler, San Luis Obispo
Bob Vessels, San Luis Obispo (Mr. Vessely stated that he did not oppose the project, but
had concerns regarding the report.)
Susan Devine, San Luis Obispo
Diane Duenow, San Luis Obispo
Alex Gough, San Luis Obispo (Mr. Gough stated that he did not oppose the project, but
also had concerns regarding the report.)
Thomas Wheeler, San Luis Obispo
Russell Brown, San Luis Obispo
Deborah Cash, Executive. Director of the Downtown Association, explained why the
Association supported the staff recommendation.
Council Member Carter said it should be noted that Mr. Copeland is on the Board of the I
Downtown Association.
Dean Moore, San Luis Obispo, owner of the Forden's building at 854 Monterey Street,
discussed the importance to the downtown of moving forward with this project.
Vangeli Evangelopoulos, San Luis Obispo, expressed concern regarding the loss of
historic buildings in the downtown.
John Fowler, San Luis Obispo, Chair of the CHC, explained that although staff felt the
CHC had exceeded its scope in making its recommendation regarding the retention of the
Blackstone Hotel's Art Modeme facade, its members felt that the second phase of the
Historic Structures Report should be conducted to look at a structural feasibility analysis
of retaining the facade. He expressed concern on behalf of the City's historic past.
Council Member Elect Ashbaugh, San Luis Obispo, discussed what the Historic
Structures Report addressed and proposed that the applicant should, if structurally
feasible to do so, either retain the Swiss - Italian facade to tie in with Sauer -Adams adobe,
and treat the facade as it was before 1913 with either a neo- classical, Italianate or similar
type of character.
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Tuesday, November 18, 2008
Eric Mever, San Luis Obispo, suggested that there is a way to save the historic fabric of
the downtown and that it is in the best interest of the City to try to incorporate the historic
structures.
Mark Rawson, representing the applicant, discussed the history of the project and asked
for direction that would enable the project to move forward. He acknowledged the
significant feature of the ovens and said they are in agreement with preserving them in
their existing location.
Mayor Romero closed the public hearing.
Staff addressed comments raised by the prior speakers. Of particular concern was the
adequacy of the Historic Structures Report. Staff discussed the direction Council gave
at its meeting of December 18, 2007 with the review of the Final EIR for the project, and
pointed out that the report addressed all of the issues Council asked be included in it.
Council Member Settle, Vice Mayor Brown, Council Member Carter and Mayor Romero
spoke in favor of the recommendation. Council Member Carter clarified that the report
was phased and expressed satisfaction with it. However, he expressed concern with
the applicant's design capabilities.
Council Member Mulholland suggested that the report did not contain adequate
evidence. She said that she has not supported tearing down historic buildings and
' couldn't make the overriding considerations for this project. She said that she had not
been presented with anything that would change her mind.
ACTION: Moved by Settle /Brown to, as recommended by the Cultural Heritage
Committee (CHC), adopt Resolution No. 10040 (2008 Series) accepting the Historic
Structures Report as complete with all conditions set forth by the CHC, except the
requirement to incorporate the Blackstone Hotel's circa 1926 Streamline Modeme
facade architecture into the new construction because this condition goes beyond what
was referred for further study and reintroduces an issue already decided by Council in
its certification of the EIR; motion carried 4:1 (Mulholland opposed).
BUSINESS ITEMS
4. CITY COUNCIL POLICIES AND PROCEDURES, ADVISORY BODY
HANDBOOK, BYLAWS FOR THE TOURISM IMPROVEMENT DISTRICT
BOARD, PROMOTIONAL COORDINATING COMMITTEE BYLAWS, AND
MASS TRANSPORTATION.
City Clerk - Hooper presented the agenda report.
Public Comments
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Tuesday, November 18, 2008
Page 10
Council Member Elect Marx, San Luis Obispo, said she opposed Ballot Measure E -08,
but was satisfied with the revised documents. She suggested that Council should ,
consider starting its meetings at 6:00 p.m. and consider adjourning at 10:00 p.m. instead
of 11:00 P.M.
There was no consensus to pursue Ms. Marx's recommendation.
Council Members spoke in support of the recommendation.
City Clerk Hooper indicated that a recommendation had been made to add the word "hub"
after "regional" in the sectoin of the Advisory Body Handbook which discusses the
purpose of the Promotional Coordinating Committee (page 4 -100 of the Staff Report).
Council concurred with the recommendation.
- - -end of public comments—
ACTION: Moved by Carter /Settle to: 1. Adopt Resolution No. 10041 (2008 Series)
amending the City Council Policies and Procedures Manual and Advisory Body
Handbook, including clarification and strengthening of residency requirements with the
correction noted above. 2. Adopt Resolution No. 10042 (2008 Series) approving the
initial Tourism Business Improvement District Board Bylaws. 3. Adopt Resolution No.
10043 (2008 Series) amending the Promotional Coordinating Committee Bylaws to
reflect the addition of a Tourism Business Improvement District Board representative. ,
4. Direct staff to return to the Mass Transportation Committee to amend its Bylaws to
conform to amendments related to the Cal Poly employee and student representatives;
motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the October 23rtl conference of
the California Council of Promotional History at the Dallidet Adobe, the October 15tH
South Central Coast Basinwide Air Pollution Control Council meeting, the October 30th
Student community Liaison Committee meeting, the November 5`h County Water
Resources Advisory Committee meeting, the November 12th Integrated Waste
Management Authority Board meeting, the November 12`h Mass Transportation
Committee meeting.
Vice Mayor Brown explained that although he will no longer serve as the City's appointed
representative to the committee developing the 10 -year plan to end homelessness in the
County, because of the stage of that project, he has volunteered his services in the
months of January and February to assist the municipalities and the County to adopt the
outline for this plan.
Council Member Settle referenced his attendance at the meetings with CAL LAFCO in I
Sacramento related to the State budget.
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Tuesday, November 18, 2008
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Mayor Romero reported on his attendance at the November 7th. UC Santa Barbara
economic forecast meeting and the Mayors' luncheon that was held on the same day and
at which Assemblyman Sam Blakeslee spoke on the topic of the State budget.
COMMUNICATIONS
Council Member Carter complimented staff and others participating in the emergency
services drill held on October 29th. He commented on the resignation of Dan Carpenter
from the Planning Commission. Because of a comment made by Council Member Elect
Marx earlier, he expressed his hope that the Council will concur to permit the current
Council Liaison Subcommittee to proceed with the interview process and make
recommendations for the current Planning Commission vacancies.
Council Member Settle concurred, pointing out that the Subcommittee hopes to interview
next Tuesday and make appointments on December 2 "d
Council agreed that there was no reason to delay this Planning Commission interview
and appointment process.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 11:33 p.m.
9,�64
Audrey H "p r
City Clerk
APPROVED BY COUNCIL: 01/06/09