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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 15, 2002 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Vice Mayor Jan
Howell Marx, and Mayor Allen K. Settle
Absent: Council Member Ken Schwartz
City Staff:
Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; John Mandeville, Community
Development Director; Bill Statler, Finance Director; Jill Sylvain,
Human Resources Analyst; Police Captain Bart Topham; Wolfgang
Knabe, Fire Chief; Mike McCluskey, Public Works Director; Paul
LeSage, Parks and Recreation Director; Dan Van Beveren, Assistant
Engineer; Austin O'Dell, Transit Manager
CLOSED SESSIONS
(October 9, 2002 at Noon, Council Hearing Room)
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTY: Court Street/ Palm Street
NEGOTIATING PARTIES: City of San Luis Obispo:
Herbert Weiser, Allan Kotin, Shelly Stanwyck
Property Owner Representatives:
Robin Baggett, Tom Copeland
NEGOTIATION: Whether to Negotiate/Acquire
City Attorney Jorgensen announced that the closed session was held to receive
instructions from the Council regarding the property exchange.
CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigationtinitiation of Litigation,
Pursuant to Government Code § 54956.9(c)
Number of Cases: 1
City Attorney Jorgensen announced that the Council authorized initiation of one case.
City Council Meeting Page 2
Tuesday, October 15, 2002 - 7:00 p.m.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §
54956.8
Property: h Miossi Ranch ( Cuesta Grade )
Negotiating Parties: City of San Luis Obispo: Neil Havlik
Property Owner: Harold Miossi
Negotiation: Whether to Negotiate/Acquire
City Attorney Jorgensen announced that the Council gave direction for further negotiations.
Mayor Settle presented a proclamation to Shawna Tomson for Disability Achievement Day
October 18, 2002. Ms. Tomson presented an award to SLO citizen Raymond Castro.
Mayor Settle presented a proclamation to Ann Havlik and Ronda Arbagast of the Central
Coast Dental Hygiene Society recognizing the month of October as Dental Hygiene Month.
Mayor Settle presented a proclamation to Gordon Mullin for National Population Awareness
Week, October 20 — 26, 2002.
Mayor Settle presented an employee suggestion award to Glenn Luback (Water
Reclamation).
Community Development Director Mandeville introduced Hilary Hodges, Assistant Planner,
as a new employee in the Community Development Department.
PUBLIC COMMENT
Andrew Carter, 1283 Woodside Drive, questioned the Mayor about his Form 700 Statements of
Economic Interest.
Mary Beth Schroeder, 2085 Wilding Lane, voiced opposition to current plans to develop Court
Street. In addition, she asked the Council not to spend any money to repaint the Palm Street
Garage (Consent Agenda Item #C5) and voiced opposition to the recommendation for
Consent Agenda Item #C10.
CONSENT AGENDA
Council Member Ewan pulled C4 for questions.
Council Member Mulholland pulled C6 and C7 for questions.
ACTION: Moved by Marx/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 4.0.
C1. MINUTES OF TUESDAY, OCTOBER 1. 2002.
ACTION: Moved by Marx/Mulholland to waive oral reading and approve as
presented; motion carried 4-0.
City Council Meeting Page 3
Tuesday, October 15, 2002 - 7:00 p.m.
C2. SUPPORT FOR THE PASSAGE OF THE HOUSING AND EMERGENCY SHELTER
TRUST FUND ACT OF 2002; PROPOSITION 46 ON THE NOVEMBER BALLOT.
ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9370 (2002 Series)
supporting the passage of Proposition 46 on November's statewide ballot; motion
carried 4-0.
C3. ADOPT A RESOLUTION AUTHORIZING THE CITY OF SAN LUIS OBISPO'S HUMAN
RESOURCES STAFF ACCESS TO DEPARTMENT OF JUSTICE CONFIDENTIAL
ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9371 (2002 Series)
authorizing a policy that permits specific Human Resources staff to access
Department of Justice confidential background information for new employees of
the City of San Luis Obispo through the State's Applicant Live Scan system; motion
carried 4-0.
C4. ALLOCATION OF FUNDS TO THE SAN LUIS OBISPO YOUTH SPORTS
ASSOCIATION FOR FIELD IMPROVEMENTS IN LIEU OF USER FEES FOR YOUTH
SPORTS ORGANIZATIONS ON SCHOOL DISTRICT FIELDS.
Council Member Ewan pulled this item for questions.
ACTION: Moved by Ewan/Mulholland to 1) allocate $20,000 from Recreation
Administration Grants -in -Aid to the San Luis Obispo Youth Sports Association
(SLOYSA) for funding field improvements in lieu of user fees for local youth sports
1 organizations on San Luis Coastal Unified School District (SLCUSD) fields, as
approved by the Advisory Committee on Joint Use of Recreational Facilities. 2)
Authorize the Mayor to execute an agreement to release the funds; motion carried 4-
0.
C5. REJECT BIDS FOR PALM STREET PARKING GARAGE PAINT PROJECT,
SPECIFICATION NO. 99858.
ACTION: Moved by Marx/Mulholland reject all bids received for the Palm Street
Parking Garage Paint Project, Specification No. 99858; motion carried 4.0.
C6.
Council Member Mulholland pulled this item for questions.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9372 (2002 Series)
approving the SLO- Transit Fleet Action Plan, in accordance with the requirements
of CARB Resolution 00-2; motion carried 4-0.
C7. CONTRACT AMENDMENT NO. 1 TO THE TRANSIT SERVICE CONTRACT WITH
FIRST TRANSIT, INC.
Council Member Mulholland pulled this item for questions.
ACTION: Moved by Mulholland/Marx to 1) approve contract Amendment No. 1 to the
First Transit, Inc., FY 2001 -03 transit service contract, execute the first year
extension clause in the transit service contract for FY 2004-05 in the amount not to
City Council Meeting
Tuesday, October 15, 2002 - 7:00 p.m.
Page 4
exceed $1,836,100, and authorize the Mayor to execute the amendment. 2)
Appropriate an additional $66,900 from the working capital balance to the purchased 1
transportation account in the Transit Program operating budget; motion carried 4-0.
C8. SLACK WATER TANK OVERFLOW (SPECIFICATION NO. 90198).
C9.
ACTION: Moved by Marx/Mulholland to 1) approve plans and specifications for
"Slack Water Tank Overflow, Specification No. 90198." 2) Authorize staff to
advertise for bids. 3) Authorize the CAD to award the construction contract if the
accepted bid is within the engineer's estimate $59,000; motion carried 4-0.
ACTION: Moved by Marx/Mulholland adopt Resolution No. 9373 (2002 Series)
approving the MOA between the City and SLOPSOA for the period of July 1, 2002
through June 30, 2004. SLOPSOA represents the Police Sergeants, Lieutenants and
Captains; motion carried 4-0.
C10. FIBER OPTIC INFRASTRUCTURE PARTNERSHIP WITH CAL POLY.
ACTION: Moved by Marx/Mulholland to approve a Memorandum of Understanding
(MOU) with Cal Poly establishing a fiber optic infrastructure partnership and
authorize the Mayor to sign the MOU; motion carried 4-0.
PUBLIC HEARINGS
1. FEDERAL TRANSIT GRANT FOR FY 2002 -03 — TRANSIT PROGRAM OF PROJECTS
FOR 2002 -03.
Public Works Director McCluskey and Transit Manager O'Dell presented the staff report.
Mayor. Settle opened the public hearing. There were none. Mayor Settle closed the public
hearing.
ACTION: Moved by Ewan/Marx to 1) conduct a public hearing to review the Transit
Program of Projects for FY 2002 -03. 2) Adopt Resolution No. 9374 (2002 Series)
authorizing the Public Works Director to apply for a grant from the Federal Transit
Administration in the amount of $846,597; motion carried 4 -0.
2. 2002 -03 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN.
Police Captain Topham presented the staff report.
Mayor Settle opened the public hearing.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in favor.
Mayor Settle closed the public hearing.
ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9375 (2002 Series) I
approving an expenditure of $30,469, in 2002/03 Local Law Enforcement Block Grant
Funds, With a required local 1 /9t' City match of $3,385 to enhance security measures
City Council Meeting
Tuesday, October 15, 2002 - 7:00 p.m.
Page 5
Motion by Mulholland/Marx to continue the appeal at the request of the
applicantlappellant to either the first or second Council meeting in December;
motion carried 4-0.
4. MINOR SUBDIVISION (MS 13 -02) WITH EXCEPTION AT 2915 JOHNSON AVENUE;
LACHEMANN, APPLICANTS.
Community Development Director Mandeville presented the staff report and responded to
brief questions from the Council.
Mayor Settle opened the public hearing. There were none. Mayor Settle closed the public
hearing.
ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9376 (2002 Series): 1)
approving a mitigated negative declaration and 2) approving a tentative parcel map
with an exception to the subdivision regulations, based on findings and subject to
' conditions; motion carried 4-0.
BUSINESS ITEMS
5. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (CONTINUED FROM 1011102)
Community Development Director Mandeville presented the staff report on behalf of the
Finance Director.
— Public Comment—
Tom Cantrell, San Luis Obispo, commented on the State's mandates for new housing and
cautioned the Council not to relax General Plan standards and planning principles in
response to those mandates. He also stated that circulation is a problem in the south end
of town and proposed that Prado Road should be extended to cross the railroad tracks.
Lastly, he urged the Council to directly address the issue of a new school in the Orcutt
expansion area.
–end of Public Comment—
Brief Council comments followed.
ACTION: Moved by Ewan/Mulholland to approve an approach to "project -by-
project" fiscal impact analysis based on its consistency with the General Plan;
motion carried 4-0.
6. DAMON - GARCIA SPORTS FIELDS, SPECIFICATION NO. 99826.
in and around the Police Department facility as recommended by the Chief of Police;
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motion carried 4-0.
3. APPEAL OF THE PLANNING COMMISSION DENIAL OF A HIGH OCCUPANCY USE
PERMIT APPLICATION AT 520 GRAND AVENUE; GRAND AVENUE PROPERTIES,
APPLICANT.
Mayor Settle reported that the applicant/appellant had submitted a written request for a
continuance.
Motion by Mulholland/Marx to continue the appeal at the request of the
applicantlappellant to either the first or second Council meeting in December;
motion carried 4-0.
4. MINOR SUBDIVISION (MS 13 -02) WITH EXCEPTION AT 2915 JOHNSON AVENUE;
LACHEMANN, APPLICANTS.
Community Development Director Mandeville presented the staff report and responded to
brief questions from the Council.
Mayor Settle opened the public hearing. There were none. Mayor Settle closed the public
hearing.
ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9376 (2002 Series): 1)
approving a mitigated negative declaration and 2) approving a tentative parcel map
with an exception to the subdivision regulations, based on findings and subject to
' conditions; motion carried 4-0.
BUSINESS ITEMS
5. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (CONTINUED FROM 1011102)
Community Development Director Mandeville presented the staff report on behalf of the
Finance Director.
— Public Comment—
Tom Cantrell, San Luis Obispo, commented on the State's mandates for new housing and
cautioned the Council not to relax General Plan standards and planning principles in
response to those mandates. He also stated that circulation is a problem in the south end
of town and proposed that Prado Road should be extended to cross the railroad tracks.
Lastly, he urged the Council to directly address the issue of a new school in the Orcutt
expansion area.
–end of Public Comment—
Brief Council comments followed.
ACTION: Moved by Ewan/Mulholland to approve an approach to "project -by-
project" fiscal impact analysis based on its consistency with the General Plan;
motion carried 4-0.
6. DAMON - GARCIA SPORTS FIELDS, SPECIFICATION NO. 99826.
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Tuesday, October 15, 2002 - 7:00 p.m.
Public Works Director McCluskev and Parks and Recreation Director LeSage presented the
staff report and responded to questions from the Council. 1
Council Member Marx suggested that the public art piece of the project be youth - oriented
and possibly interactive. A majority of the Council concurred with the proposal. Staff
indicated that Request for Proposals would be amended accordingly.
— Public Comment —
Speaking in favor of the recommendation to approve the Plans and Specifications:
Dave Romero, 2057 Skylark Lane
Richard Kriet, Member, Joint Use Committee and Youth Sports Association
Bill Thoma, Youth Sports Association Board Member
Jeff Whitener, 11 Mariposa Drive
Bill Wilson, 1690 Southwood Drive (see letter on file in the Office of the City Clerk)
Mila Viiovich- LeBarre, 630 Skyline Drive
Michael Sullivan, 1127 Seaward Street
Mary Beth Schroeder, 2085 Wilding Lane
---end of Public Comment—
Individual Council comments followed. Council Member Mulholland continues to oppose
the Prado Road Extension alignment, but will approve the recommendations because the
road is not part of the project. Council Member Marx concurred, and commented that the
roadbed could be used for recreational purposes if not used for a road. Parks and
Recreation Director LeSage confirmed that it will be a usable recreational space.
ACTION: Moved by Ewan/Marx to 1) Approve plans and specifications for "Damon
Garcia Sports Fields," Specification No. 99826. 2) Authorize staff to advertise for
bids. 3) Authorize the City Administrative Officer to award a contract if the lowest
responsible bid Is within the engineer's construction estimate of $3,960,000. 4)
Approve a Public Art Project designation for this project and allocate $20,000 from
the project budget for that purpose; motion carried 4-0.
COUNCIL LIAISON REPORTS
Council Member Ewan reported on the North County Water Purveyors Group (on file in the
Office of the City Clerk).
Council Member Marx announced that there is a vacancy on the Planning Commission.
Council Member Mulholland reported on the September 19"' Bicycle Advisory Committee
meeting, the September 20 California Men's Colony Citizens Advisory Committee meeting
and the October 8t° Downtown Association Board meeting.
Council Member Mulholland provided an update on the Mardi Gras Parade to be held Sunday,
March 2, 2003, starting at 2:00 p.m. on Marsh Street 1
City Council Meeting
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Page 7
COMMUNICATIONS
Council discussed Council Member Schwartz's proposal for enhancement of the Fremont
Marker (memo on file in the Office of the City Clerk). Council endorsed the concept. The CAO
noted that the matter has been referred to the Cultural Heritage Committee (10/28/02) and to
the Architectural Review Committee (date pending).
Mayor Settle announced that the Iron Roads Pioneer bronze sculpture would be installed later
this week.
Council Member Mulholland suggested that the Council consider inviting high school
students to attend the League of California Cities Annual Conference and also that student
leaders from SLOHS and Mission College Prep be invited to attend Student Community
Liaison Committee (SCLC) meetings. Mayor Settle agreed to take the suggestion to the next
SCLC meeting (10/24102). Staff agreed to learn more about student participation at the LCC
Annual Conference.
There being no further business to come before the City Council, Ma S le adjourned the
meeting at 9:10 p.m. to Tuesday, November 12, 2002 at 7.00 p. the Co ncil Chamber, 990
Palm Street, San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL:
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