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HomeMy WebLinkAbout05/18/20041 MINUTES . REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 18, 2004 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Diane Reynolds, Deputy City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Phil Dunsmore, Associate Planner; Robert Horch, Parking Manager; Tim Bochum, Deputy Public Works Director INTRODUCTION Public Works Director McCluskey introduced new Parking employee Chris Perry. PRESENTATION Mayor Romero presented a proclamation to Public Works Director McCluskey and Utilities Director Moss for Public Works Week, May 16 -22. Lisa Fraser gave a presentation on the Community Partnership for Perinatal Substance Abuse Education and Prevention Program. PUBLIC COMMENT Chuck Crotser. SLO, acknowledged and thanked Cal Poly athletic students for their volunteer work painting the Prado Day Center. Bill Nulton, SLO, expressed appreciation for the new golf carts available to handicapped golfers at the Laguna Lake Golf Course and asked Council to consider acquiring a few more carts. City Council Minutes Tuesday, May 18, 2004, 7:00 p.m. Page 2 Gary Fowler. SLO, requested that Council work with the County to explore the possibility of a Senior Center on the County property Sunny Acres. He expressed concern about the unattractive condition of the entrance of the Police Station. He also expressed concern that the Police Station is not open to the public during regular 8 to 5 business hours. Marybeth Schroeder. SLO, stated that she wants no more shopping centers in order to preserve the downtown. Patricia Wilmore . Chamber of Commerce, presented the Council with the new San Luis Obispo Visitor's Guide, mentioned that a tourism article about San Luis Obispo recently appeared in the New York Times, and thanked the Council for their efforts to increase tourism. CONSENT AGENDA ACTION: Moved by Ewan/Settle to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, MAY 4, 2004 REGULAR MEETING. ACTION: Moved by Ewan/Settle to waive oral reading and approve as presented; motion carried 4:0:1 (Vice Mayor Schwartz abstained due to his absence from the May 4"h Council meeting). C2. FINAL ADOPTION OF ORDINANCE NO. 1448 (2004 SERIES) REGULATING FILMING ACTIVITIES WITHIN THE CITY OF SAN LUIS OBISPO. ACTION: Moved by Ewan/Settle to adopt Ordinance No. 1448 2004 Series); motion carried 5:0. C3. CONTRACT AWARD: DISPATCH CENTER UPGRADE DESIGN SERVICES. Gary Fowler. SLO, expressed concern that the Police Station does not meet seismic standards, that the underground segment of the building is not secure for the new communications center, and that making improvements to the building would be a waste of taxpayer's money. He would prefer to see a new communications center located somewhere else and above ground, such as at the Damon Garcia Sports Field, the Fire Department or on the top of a parking structure. ACTION: Moved by Ewan/Settle to 1. Award a contract to FIRM Design Group (FIRM) in the amount of $155,725 for Phase 1 design services to upgrade the police emergency dispatch center; and authorize the City Administrative Officer to amend the contract for Phase 2 services by up to $110,000. 2. Appropriate $412,200 in grant funds recently awarded to the City by the Federal Emergency Management Agency (FEMA) as follows based on the approved work scope: $200,000 to the dispatch center upgrade project and $212,200 to the radio system upgrade project; motion carried 5:0. C4. RESOLUTION TO INCLUDE DEPARTMENT HEADS, MANAGERS AND CONFIDENTIAL EMPLOYEES IN THE RETIREE MEDICAL TRUST FUND. City Council Minutes Tuesday, May 18, 2004, 7:00 p.m. Page 3 ACTION: Moved by Ewan/Settle to adopt Resolution No, 956212004 Series) ' authorizing participation of department heads, managers and confidential employees in the Retiree Medical Trust Fund established by the San Luis Obispo City Employees' Associations (SLOCEA); motion carried 5:0. C5. RESOLUTION TO JOIN THE WORKERS' COMPENSATION PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9563 (2004 Series) approving participation in the workers' compensation program of the California Joint Powers Insurance Authority (CJPIA); motion carried 5:0. C6. LOCAL GOVERNMENT SHARING PROGRAM. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9561 (2004 Series) authorizing the Director of Finance and Information Technology to sign the annual Local Government Sharing Program agreement with the State of California Franchise Tax Board; motion carried 5:0. C7. AWARD OF CONTRACT FOR COON CREEK FISH PASSAGE RESTORATION AND BRIDGE PROJECT SPECIFICATION NO. 90467. ACTION: Moved by Ewan/Settle to 1) Award the contract for the Coon Creek Fish Passage Restoration and Bridge Project to R. Burke Corporation in the amount of $891,370; and 2) Authorize the use of up to $89,100 for construction contingencies; and 3) Authorize the use of up to $100,000 for construction related services ' (construction management, biological monitoring, soils testing, communications); and 4) Authorize the Mayor to execute the agreement; motion carried 5:0. PUBLIC HEARING TENTATIVE MAP TO CREATE A 9 -UNIT COMMON INTEREST SUBDIVISION WITH SETBACK EXCEPTIONS AT 1771 JOHNSON (TR 177 -01). Community Development Director Mandeville and Associate Planner Dunsmore presented the staff report Staff responded to Council questions. Steven Frank, project engineer, spoke in favor of the project, addressed engineering aspects of the project, discussed the proposed easements and answered Council questions. Mark Rawson, project manager /architect, spoke in support of the project and responded to Council questions regarding limited parking, homeowners associations, and the possibility of working with French Hospital toward an agreement for rear access to the property. Mayor Romero opened the public hearing. Steve Delmartini, SLO, spoke in favor of the project, stated that homeowners associations are a problem as they are often underfunded and difficult to manage, therefore, the least amount of responsibility put on them the better. He stated that this type of housing is affordable and desirable. Mayor Romero closed the public hearing. City Council Minutes Tuesday, May 18,2004,7:00 p.m. Page 4 ACTION: Moved by Settle/Ewan to adopt Resolution No. 9564 (2004 Series) approving the common interest subdivision and Mitigated Negative Declaration as recommended by the Planning Commission and to include the following amended conditions in Section 3: All wording that reads lots 1 and 2 as the lots adjacent to Johnson Avenue shall be amended to correctly read lots 1 and 5 as the lots adjacent to Johnson Avenue. Number 2 shall include the amended wording "The existing tenants on site shall be given the first right of refusal to purchase (or lease from the project developer) one of the nine new dwelling units." Additional wording shall be added to read "Prior to map recordation CC &R's shall be reviewed and approved by the Community Development Department. The CC &R's shall disclose the parking space allocation to individual units, driveway maintenance, open space and landscape maintenance, sewer maintenance and all other aspects of the project that pertain to the common use of all applicable homeowners. A homeowners association shall be established in order to maintain the common facilities." Additional wording shall be added to read "All enclosed garages shall require remotely operated roll -up style automatic garage doors." Number 5 shall include the amended wording "The plans should provide a preliminary driveway connection that identifies potential grading and slope (show contours)." 1 Number 6 shall include the amended wording "The subdivider shall dedicate a 2m wide public utility easement across the frontage of lots one and five." Number 7 shall include the amended wording "The subdivider shall dedicate a 3m wide street tree easement across the frontage of lots one and five." Number 8 shall include the amended wording "The proposed on -site and off - site sewer main and drainage facilities will be privately owned and maintained by the Homeowner's Association." Number 22 shall be deleted. Number 23 shall be amended to read 'Easements shall be required for proposed offsite drainage and sewer line across adjacent lots. A lift station shall not be allowed as an alternative to obtaining a sewer easement." Staff shall report back to Council in one year and in three years the successes and failures of the project; motion carried 4:1 (Mulholland). Mayor Romero called a break at 10:00 p.m. The meeting was reconvened at 10.12 p.m. r J City Council Minutes Page 5 Tuesday, May 18, 2004, 7:00 p.m. BUSINESS ITEMS 1 2. FOOTHILL BRIDGE CONTRACT AWARD. ACTION: Moved by Settle/Ewan to continue this item to Tuesday, May 25, 2004 at 10:45 a.m.; motion carried 5:0. 3. ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT DISTRICT. Deputy Public Works Director Bochum and Parking Manager Horch presented the staff report. Council questions ensued. Public Comments: Bruce Hilton, Murray Street resident, spoke in support of the parking district to improve quality of life and safety, and thanked staff for their cooperation. Oxo Slaver. Murray Street resident, stated that the parking district will improve the quality of life and help to retain the unique identity of the block. --end of public comments— ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9565 (2004 Series establishing a residential parking permit district on the 800 block of Murray Street (Chorro to Santa Rosa) from 8:00 a.m. to 5:00 p.m., Monday through Friday; motion carried 5:0. ' 4. REPORT ON LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS AND NEGOTIATIONS BETWEEN THE LEAGUE AND THE GOVERNOR. Mayor Romero and Council Member Settle reported on their attendance at the League of California Cities Action Days and on the negotiations between the League and the Governor. Finance Director Statler presented a report on fiscal implications of the negotiations. There were no public comments. ACTION: Report Received. COUNCIL LIAISON REPORTS Council Member Mulholland reported that she attended the May 5th Water Resources Advisory Committee meeting and the May 12th Integrated Waste Management Authority meeting. Council Member Ewan reported that he attended the Community Student Liaison Committee meeting, the RideOn Steering Committee meeting, and the Bicycle Coalition Awards event where he and Peggy Mandeville both received service awards. 1 Mayor Romero reported that he participated in the SLORTA/SLOCOG meeting of May 5, 2004 where SLOCOG endorsed a proposal to request that $23 million be allocated to acquire 1202 acres of the Hearst Ranch. City Council Minutes Page 6 Tuesday, May 18,2004,7:00 p.m. COMMUNICATIONS I Mayor Romero requested that two more golf carts be acquired for the Laguna Lake Golf Course (memo on file in the City Clerk's Office). Council suggested that various service organizations may wish to donate golf carts and directed Parks and Recreation staff to look into the matter. Council Member Mulholland requested that Council consider scheduling a study session before July 6th to listen to a review of the Allan D. Kotin and Associates and Keyser Marston Associates studies on the fiscal impact of the San Luis Marketplace project on the downtown. Staff directed to schedule a study session with the two consultants on either June 30°i from 7 to 9 p.m. or June 2e from 7 to 9 p.m., and to prepare a memo that will address the format of the meeting. Council Member Mulholland requested that Council consider a citizen - proposed ordinance regarding guidelines for medical marijuana dispensaries. Staff directed to place this issue on the agenda for discussion in September or October, in order to determine H an ordinance is subsequently desired. Council Member Settle asked that the report "The 10 -Year Planning Process To End Chronic Homelessness in Your Community" authored by the US Interagency Council on Homelessness be forwarded to City housing staff. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:40 p.m. to Tuesday, May 25, 2004 at 10:45 a.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo. Diane Reynolds, .M.C. Deputy City C& k-,./ APPROVED BY COUNCIL: 6(1/2004 dr i