HomeMy WebLinkAbout09/05/20001
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ROLL CALL:
Council Members
Present:
Absent:
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 5, 2000 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members John Ewan, Jan Howell Marx, Dave Romero, and
Mayor Allen K. Settle
Vice Mayor Ken Schwartz
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City
Administrative Officer; Jim Gardiner, Police Chief; John Moss,
Utilities Director; Mike McCluskey, Public Works Director; Paul
LeSage, Parks and Recreation Director; Dave Pierce, Water Projects
Manager; Jeff van den Eikhof, Engineering Assistant; Wayne
Peterson, Civil Engineer; Whitney Mcllvaine, Associate Planner
CONFERENCE REGARDING PROPERTY NEGOTIATIONS HELD WEDNESDAY, AUGUST 30,
2000 AT 7:00 IN THE COUNCIL HEARING ROOM
Pursuant to Government Code § 54956.8
Property:
Negotiating Parties:
Negotiation:
Chinatown/Court Street
City of San Luis Obispo:
John Dunn, Jeff Jorgensen, Allan Kotin
Property Owner Representatives:
Tom Copeland, Martin Tangeman
Status of Negotiations
City Attorney Jorgensen announced that the Council received a status report and that no
action was taken.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property:
Hastings Property (Reservoir Canyon)
City Council Meeting Page 2
Tuesday, September 5, 2000 - 7:00 p.m.
Negotiating Parties: City of San Luis Obispo: Neil Havlik
Property Owner Representatives: Raymond Smith
Negotiation: Whether to Negotiate/Acquire
City Attorney Jorgensen announced that the Council authorized further negotiations for the
acquisition of the property.
PUBLIC COMMENT
Chris Ivey encouraged the Council to consider an ordinance limiting grocery elements in "big
box" retail stores. City Attorney Jorgensen reported that Council has already given direction
to draft such an ordinance.
Nancy Connant. SLO for Pups advocate, encouraged the Council to consider an off -leash dog
park in the City of San Luis Obispo.
CONSENT AGENDA
C1. APPROVE PUBLIC ART FOR 879 MORRO — FUTURE UTILITIES OFFICES.
ACTION: Moved by Romero/Ewan to approve the proposal for public art for 879
Morro and authorize the City Administrative Officer to execute a contract for $8,000
with the artist, Sandra Johnson; motion carried 4:0.
C2. DEVAUL RANCH SOUTH PREZONING 2ND READING (R 87 -00); 11955 LOS OSOS
VALLEY ROAD.
ACTION: Moved by Romero/Ewan to grant final passage to Ordinance No. 1373
(2000 Series); motion carried 4:0.
C3.
ACTION: Moved by Romero/Ewan to 1) approve plans and specifications for "Street
Repair Project: Higuera and South, Specification No. 90159." 2) Authorize staff to
advertise for bids and authorize the City Administrative Officer to award the
contract if the lowest responsible bid is within available budget; motion carried 4:0.
C4. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9092 approving the
Memorandum of Agreement between the City and the San Luis Obispo Fire
Battalion Chiefs' Association for the period of July 1, 2000 through June 30, 2002;
motion carried 4:0.
City Council Meeting
Tuesday, September 5, 2000 - 7:00 p.m.
Page 3
C5, AGREEMENTS WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING
PROPERTY -TAX SHARING FOR TWO ANNEXATIONS LOCATED ON LOS OSOS .
VALLEY ROAD.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9093 and Resolution No.
9094 accepting the negotiated exchange of property-tax revenues and annual
property -tax increments for two annexations (DeVaul South and Froom) and as
required as a prerequisite to any jurisdictional change by the Revenue and Tax
Code Section 99; motion carried 4:0.
C6. SANTA ROSA SKATE PARK EXPANSION - AWARD CONTRACT, AUTHORIZE STAFF
TO TRANSFER FUNDS TO COVER AMOUNT ABOVE ENGINEER'S ESTIMATE.
ACTION: Moved by Romero/Ewan to 1) award a contract to Maino Construction for
the Santa Rosa Skatepark expansion in the amount of $59,320. 2) Authorize staff to
transfer funds in the amount of $10,000 from the Vista Lago Playground Renovation
project and $6,700 from the Swim Center Plastering project to the Santa Rosa
Skatepark expansion project to cover the amount above the engineer's estimate;
motion carried 4:0.
C7. STENCIL TRUCK REPLACEMENT.
ACTION: Moved by Romero/Ewan to 1) approve Purchase Order No. 54063 in the
amount of $70,746.39 to Roadline Products, Inc. for a cab- and - chassis truck with
stencil service body. 2) Approve transferring $11,000 from the Street Maintenance
Vehicles project account to the Stencil Truck project account; motion carried 4:0.
C8. SUPPORT THE STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP)
GRANT APPLICATION FOR THE FARE REVIEW SECURITY PROJECT.
ACTION: Moved by Romero/Ewan to approve the filing of the STIP Grant Application
with the San Luis Obispo Council of Governments (SLOCOG) for the Fare Revenue
Security Project; motion carried 4:0.
APPOINTMENT
Al. APPOINTMENT TO THE PERFORMING ART CENTER ART ADVISORY COMMITTEE-
ACTION: Moved by Ewan/Romero to reappoint Dick DeLong to be one of the City's
representatives to the Performing Arts Center Art Advisory Committee; motion
carried 4:0.
PUBLIC HEARINGS
1. REQUEST TO AMEND THE CITY'S ZONING MAP DESIGNATION FROM SERVICE
COMMERCIAL (C-S) TO SERVICE - COMMERCIAL PLANNED DEVELOPMENT (C -S-
PD), FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TANK FARM
ROAD AND SOUTH HIGUERA STREET: 100 CROSS STREET (WEYRICH
DEVELOPMENT. APPLICANT).
City Council Meeting
Tuesday, September 5, 2000 - 7:00 p.m.
Page 4
Acting Community Development Director Whisenand and Associate Planner Mandeville
presented the staff report. 1
Mayor Settle opened the public hearing.
Steve Pultz, architect, spoke in favor of the staff recommendations and encouraged
approval.
Brian Christianson. 818 Pismo Street, objected to some of the proposed uses, expressed
concern about design criteria, noise and traffic. In addition, he argued that the
environmental mitigation measures are inadequate and noted that trees on the site should
be included in the biology section.
Dan Lloyd, Weyrich Development, spoke in support of the plan and argued that what is
proposed is less intense than what could be developed. He also noted that there are
presently no trees on the property but landscaping plans include adding trees to the site.
Architect Steve Pultz reported that environmental review is not required under CS zoning.
Mayor Settle closed the public hearing.
Council discussion ensued. Council Member Marx suggested that the Planned
Development ordinance be refined. Council concurred and requested that staff develop,
perhaps as part of the zoning ordinance update, revisions to the ordinance. .
ACTION: Moved by Ewan/Romero to Introduce Ordinance No. 1375 approving a
mitigated negative declaration and amending the zoning map from C -S to C-S -PD 1
for property located at the southeast corner of Tank Farm Road and South Higuera
Street; motion carried 4:0.
2. REVIEW OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS.
Police Chief Gardiner presented the staff report.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Marx/Romero to 1) adopt Resolution No. 9095 approving an
expenditure of $62,984, in 1998 Local Law Enforcement Block Grant Funds, with a
required local 1/90' City match of $6,998 for the sole source purchase of a SIRCHE
brand evidence collection vehicle. 2) Appropriate the matching City funds of
$6,998, plus interest earned of $4,918 on the advance grant payment from the
General Fund to this capital improvement project, as required by the grant. 3)
Authorize the City Administrative Officer to sign an agreement with SIRCHE for the
purchase of a crime scene evidence collection vehicle and equipment not to exceed
$74,900; motion carried 4:0.
3. WATER REUSE PROJECT — PROJECT APPROVAL.
Utilities Director Moss introduced the item. Water Proiects Manager Pierce presented the
staff report and noted a revision to the draft resolution approving the water reuse project
(Attachment #2). 1
City Council Meeting
Tuesday, September 5, 2000 - 7:00 p.m.
Page 5
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
' closed the public hearing.
Council questions and comments followed. Council Member Marx proposed minor
amendments to the language in the resolution. Council concurred.
4.
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9096, as amended, approving
the Water Reuse Project and directing staff to file a Notice of Determination; motion
carried 4:0.
ARCHIVE FACILITY.
BUSINESS ITEM
Assistant City Administrative Officer Hampian presented the staff report.
Public Comments:
Luther Bertrando, 267 Foothill Blvd and Dr. John Parker, Cal Poly, spoke enthusiastically in
support of the staff recommendation.
—end public comments-
' ACTION: Moved by Romero/Ewan to 1) give conceptual approval to providing funds
from the unappropriated General Fund balance for an advanced payment of $21,000
to the San Luis Obispo County Archaeological Society ( SLOCAS) for storage of the
Chinese artifacts from the Palm Street Parking Structure project. The payment can
then be used by SLOCAS as matching funds for a grant to renovate the archive
facility. 2) Direct staff to develop an agreement with SLOCAS for eventual storage
of its Chinese archaeological collection, including an advanced partial payment of
the required curation fee in the amount of $21,000, and to return to Council for final
approval of the agreement; motion carried 4:0.
5. HIGUERA STREET BRIDGE REPLACEMENT PROJECT UPDATE AND
CONSIDERATION OF ADDITIONAL. PROMOTIONAL FUNDING
Civil Engineer van den Eikhof provided a project status report. City Engineer Peterson
summarized key terms of the construction contract. City Attorney Jorgensen emphasized that
the City is concerned that the project will not be completed by November 1 and asked the
contractor to inform the City as quickly as possible if it appears that he cannot meet the terms
of the construction contract.
Public Comments:
Clint Pierce Madonna Construction Company, responded to questions from the Council
about the contract schedule. He noted that the project is on schedule per the revised project
plan but added that if crews could work at night, it would help. Civil Engineer van den Eikhof
reported that approval for night time work can be given, but there are noise restrictions after
7:00 p.m. Mr. Pierce explained that the construction could be done faster if they were allowed
to work at night without noise restrictions and, further, if they were allowed to close Higuera
Street during the day; if not both lanes at least one. Assistant City Administrative Officer
City Council Meeting Page 6
Tuesday, September 5, 2000 - 7:00 p.m.
Hampian asked if the contractor would consider working during the weekends. Alex Madonna
provided additional clarification about the status to -date. He reported that there were
unexpected complications and asserted that the City and the contractor didn't have all the
information they needed about where the bridge foundations actually were. He pointed out
that the Regional Water Quality Control Board shut down the job for 14 days and exclaimed
that he doesn't see why they should have to work evenings and weekends to catch up. Mr.
Madonna requested that the City allow the contractor some flexibility; specifically, allow the
use of two breakers instead of one and close an additional lane on Higuera Street.
In response to inquiry from Council Member Marx. Public Works Director McCluskev reported
that the agreement to leave two lanes open was based on significant public input. City
Attorney Jorgensen advised the Council that if they want to make a change, it is highly
inadvisable to make any modifications to the contract tonight. He explained that Mr. Madonna
should request any proposed changes to the terms of the construction contract in writing and
allow staff to analyze the impacts.
Council Member Ewan voiced hope that access to the downtown can be maintained and
suggested that the City consult with the business owners in the downtown. Assistant City
Administrative Officer Hampian reported that every Thursday morning the Downtown
Association holds a meeting with the contractor and the merchants. That meeting is open to
the public, he added.
City Attorney Jorgensen advised the contractor that the City is disputing the claim he has filed
against the City about the previously mentioned delay and that any comments made this
evening should not be construed as acquiescence.
Deborah Holley. Downtown Administrator, spoke in favor of the staff's recommendation to
appropriate an additional $10,000 for advertising about this project. In addition, she explained
that she is willing to continue working with Wizard Marketing and outlined suggestions for
enhancing the promotion.
Dave Kastner, Cal Photo, supports the additional funding for advertising and noted that he
would support closing Higuera down to one lane, but asked the Council not to allow the close
of Osos Street.
—end of public testimony—
ACTION: Moved by Romero/Marx to approve an appropriation of additional funding in
the amount of 10,000 to support the promotional contact associated with the project;
motion carried 4:0.
COUNCIL LIAISON REPORTS
Council Member Romero reported on the August 14, 2000 meeting of the Citizen's Advisory
Committee of the California Men's Colony.
Council Member Marx summarized the July and August 2000 Board of Directors meetings of
the Economic Vitality Corporation.
COMMUNICATIONS
City Council Meeting
Tuesday, September 5, 2000 - 7:00 p.m.
Page 7
Council Member Romero recommended that there is a need for the creation of an off -leash
' dog park within the City limits. Council agreed to refer the matter to the Parks and Recreation
Commission.
Council Member Marx requested specific data ground water supply on the Dalidio property.
Council directed staff to prepare a written response to the request before the Dalidio project
comes to Council.
Council Member Marx commented on City Administrative Officer Dunn's memo regarding the
Parking and Downtown Access Plan dated September 1, 2000 in which he suggests a
refresher study session for the Council. She suggested that the Planning Commission,
Architectural Review Commission, Mass Transportation Committee, Bicycle Advisory
Committee and the Downtown Association be invited to attend. Council concurred and
directed staff to extend the invitation.
There being no further business to come before the City C ncil, Ma or Settle adjourned the
meeting at 10:10 p.m. to Tuesday, September 19, 2000 at 0 p.m. in a ouncil Chamber,
990 Palm Street, San Luis Obispo. n
APPROVED BY COUNCIL: 10117/00
LP:dr
Lee Price, C.M.C.
City Clerk