HomeMy WebLinkAbout12/05/1995, C-1 - MINUTES AGENDA
l -S-9S ITEM #
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 7, 1995 -9:00 A.M.
CITY HALL - COUNCIL CHAMBER -990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Kathy Smith,Dodie Williams,
Vice Mayor Dave Romero and Mayor Allen Settle
Absent: None
City Staff
Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City
Attorney; Diane Reynolds, City Clerk Secretary; Mike
McCluskey, Public Works Director, Bill Statler, Finance
Director; Jim Gardiner, Police Chief; Keith Opalewski,
Parking Division Manager
BIA Members
Present: Pierre Rademaker,Mark Furia, Steve Gilreath, Mike Spangler,
Pam Copeland, Peter Terhune, Correne Cotta,Terri Westrope,
Eva Young, Gray Ghan
STUDY SESSION
1. DOWNTOWN OFFICER
Jim Gardiner. Police Chief, introduced the Downtown Officer, Tim Hedges.
Tim Hedges gave an overview of the downtown patrol program which included patrolling Mission
Plaza and Garden Street.
2. PARKING
Council held a study session to consider the October 12, 1995 staff meeting with the Business
Improvement Association Parking Committee regarding downtown parking.
John Dunn. CAO, reviewed the main topics of the meeting of October 12, 1995 set forth in his
memo of October 16, 1995.
Mike Spangler. President of the BIA Parking Committee,spoke on the serious lack of parking in the
downtown, the importance of commercially intensifying the downtown area, and the Enterprise
Fund concept.
Peter Terhune. BIA President, stated that there was some confusion within the BIA regarding the
location of the new parking structure, and now that the issue had been resolved,the BIA is looking
forward to working with City staff.
City Council Meeting
Tuesday, November 7, 1995 - 9:00 a.m. Page 2
Mayor Settle opened the meeting for comments from the public.
Tom Fulks, SLO Regional Rideshare Program, thanked Police Chief Jim Gardiner for his support
of the Safe Ride Home program. He referred to Boulder, CO as an example of programs dealing
with parking problems by creating parking rather than building more parking using alternative
transportation. Research is available to the BIA and Council through Regional Rideshare.
John Ewan, Transportation Management Association, expressed the need in downtown for
alternative transportation.
Mike Spangler invited the"alternative transportation" people to meet with the BIA over the parking
problem.
Craig Anderson. SLO, spoke regarding his concern about the high cost to the taxpayers of a new
parking structure, and expressed concern that the parking meetings were not better noticed.
Mark Schafer,Director of Ride On Transportation Management Association, stated the goal of this
process should be to get more people downtown and not more vehicles. He suggested that
downtown employers and employees use alternative transportation.
Bill Thorne. President of the Chamber of Commerce,stated that a new parking structure is needed
now, that there needs to be a short-term and long-term plan that involves both a new parking
structure and the use of alternative transportation.
Larry Allen. Air Pollution Control District, expressed concern about the lack of notification of the
parking meetings. He stated that a parking structure would encourage more vehicles downtown
and that this would affect air quality, and that studies are needed per the City's Circulation
Element
Jeff Lange. ECOSLO,expressed concern that all options be assessed before building a new parking
structure.
Pat Veesart, Chairman, Sierra Club Alternative Transportation Task Force, urged BIA/Council to
follow the Circulation Element and consider alternative transportation.
Tammy Jo Taylor, SLO,expressed support for alternative transportation and concern about gangs
in the City.
Rick Porter, business and property owner in SLO,speaking for other owners downtown, expressed
concern about urban sprawl and keeping downtown a nice place, and the need for more parking.
Mayor Settle returned the discussion to the Council and BIA Board.
After discussion, moved by Romero/Williams to approve Process Two: amend current policy and
expand Marsh Street Garage and buy Wells Fargo Site, including the retention of the contract
project manager; motion carried (41, Council Member Roalman voting no).
Moved by Romero/Williams to direct staff to work with BIA to format a possible study of alternative
forms of transportation as it relates to the parking structures; motion carried (5-0).
3. HOMELESS KITCHEN RELOCATION
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City Council Meeting
Tuesday, November 7, 1995 -9:00 a.m. Page 3
Council considered BIA level of participation, goals, concerns, and current status of Homeless
Kitchen relocation.
Jim Gardiner reviewed his memorandum and the Homeless Operations/Program Budget.
Peter Terhune expressed concern that the BIA and Chamber of Commerce would be expected to
provide on-going funds for the Homeless Kitchen, and that the BIA and Chamber of Commerce
would be able to pledge support with donations of materials, supplies, operational support, etc.
at best.
Bill Thoma pledged support for the Homeless Kitchen on behalf of the Chamber of Commerce, but
agreed with Mr. Terhune that on-going funding was not within their capabilities.
4. DOWNTOWN CLEAN-UP PROJECT
Council considered the Downtown Clean-up Project.
Deborah Holley. BIA Administrator, reported on downtown clean-up priorities: lighting of Gum
Alley, increased security In this area, permanent rest rooms in this area, and actual clean-up of
trash.
Discussion ensued.
Council Member Romero recommended that staff be directed to study the possibility of lighting in
Gum Alley.
Deborah Holley recommended that staff be directed to study the street cleaning problem.
Council directed staff to study lighting possibilities in Gum Alley,and to study the downtown street
cleaning problem.
5. OTHER ITEMS OF CONCERN AND INTEREST
Council considered the list of projects that are on-going in the downtown area, presented by Mike
McCluskey. Public Works Director.
John Dunn reported a hazardous materials spill on Madonna Road at this time,with the road being
closed for the next three hours.
12:15 p.m. There being no further business to come before the City Council, Mayor Settle
adjourned the meeting.
APPROVED BY COUNCIL:
DR:bv Diane Reynolds, City Clerk Secretary
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CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 7, 1995 -6:00 P.M.
CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman,Kathy Smith,Dodie Williams,
Vice-Mayor Dave Romero and Mayor Allen Settle
Absent: None
City Staff
Present: Jeff Jorgensen, City Attorney; Mike McCluskey,Public Works
Director; Ann Slate, Personnel Director
CONFERENCE WITH PROPERTY NEGOTIATOR (Pursuant to Government Code § 54956.8)
Property: SPRR Right-of-Way (bike lane)
Negotiating Parties:
For the City: Mike McCluskey and Jeff Jorgensen
SPRR Representative: Frank Ridley
Council considered whether to acquire.
CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code § 54957.6)
Employee Organization: Mid-Management
Agency Negotiator: Ann Slate
Council considered negotiations.
6:55 p.m. Mayor Settle declared a recess to convene in open session in the Council Chamber,
where a public report of the action taken in closed session was given.
APPROVED BY COUNCIL:
DR:bv Diane Reynolds, City Clerk Secretary
C-�- 7
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 7, 1995 - 7:00 P.M.
CITY HALL - COUNCIL CHAMBER -990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice
Mayor Dave Romero and Mayor Allen Settle
Absent: None
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative
Officer; Ken Hampian, Assistant City Administrative Officer; Mike
McCluskey, Public Works Director, John Moss, Utilities Director;
Arnold Jonas, Community Development Director; Jim Gardiner,
Police Chief; Bill Statler, Finance Director; Diane Reynolds, City
Clerk Secretary
Report on Action Taken In Closed Session:
Jeff Jorgensen, City Attorney, reported on labor negotiations with the Mid-Management
Association.
Mayor Settle welcomed the new Telegram-Tribune correspondent, Jeff Mitchell, who will be
covering the events at City Hall.
PUBLIC COMMENT PERIOD
P.C.I. Christine Mulholland. SLO, expressed concern, again, over Madonna cows in the Let It Be
Nature Preserve;she expressed concern over the Unocal clean-up process at Avila Beach affecting
City streets during the transportation process and recommended that City staff monitor the
situation.
P.C.2. Pat Veesart,SLO,expressed concern over the Unocal Avila Beach clean-up and the effects
on the City.
P.C.3. David Moore. Conejo area,asked the Council to take action on the flooding problem in that
area.
P.C.4. Walter Schroeder. Conejo area, asked the Council to take action on the flooding problem
in that area.
P.C.S. Richard Schmidt. Municipal Advocate for Elaine Simer,expressed concern over the lack of
cooperation by City staff regarding high costs of a housing project due to City requirements.
P.C.6. Astrid Gallagher. Cultural Heritage Committee, asked Council to direct staff to prepare a
Priority Master Plan for the Historic San Luis Obispo Railroad Corridor.
City Council Meeting Page 2
Tuesday, November 7, 1995 -7:00 p.m.
CONSENT AGENDA
Moved by Romero/Smith to approve the Consent Agenda as recommended by the City
Administrative Officer, with the exception of C-3, C-11, and C-14; motion carried (5-0).
C-1 COUNCIL MINUTES
Council considered the minutes of:
Tuesday, October 17, 1995 -6.30 p.m.
Tuesday, October 17, 1995 -7:00 p.m.
Tuesday, October 17, 1995-9:00 p.m.
Wednesday, July 19, 1995 -7:00 p.m. (amended section on page 5)
Wednesday, September 27, 1995 -7:00 p.m. (Joint City Councils Special Meeting)
Moved by Romero/Smith to waive oral reading and approve minutes as amended; motion carried
(5-0).
C-2 ESTABLISHMENT OF PARKING FINES (File No. 557)
Council considered giving final passage to an ordinance amending section 10.64.030 (Parking
Fines) authorizing the setting of fines for parking violations to be established by resolution.
(Continued from 10117/95)
Moved by Romero/Smith to give final passage to Ordinance No. 1285: motion tamed (5-0).
C-0 MATHEWS PROPERTY ACQUISITION (File No. 168)
Council considered acquiring the Mathews Property at 314-350 Higuera Street.
Vice Mayor Dave Romero expressed concern that this property acquisition has come before Council
as a consent item, and that the public should be heard on this issue.
Jeff Jorgensen. City Attorney, explained the seller's short deadline in which to sell this property.
Mayor Settle stated that he did not approve of the large expenditure and that the public should be
heard on this issue on December 5.
Jeff Jorgensen stated that Council's understanding is that item B: amend the City'd adopted
Capital Improvement Program to include a new project approving the demolition of the buildings
on the site, planting of vegetative cover, and preparation of plans and specifications for the long
tern use of the property, totalling $120,000, will be pulled for further review.
Jeff Jorgensen clarified a change to the agreement on Page C-3-10, paragraph F, Environmental
Warranties; the seller requested language stating "...Seller, to the best of Seller's knowledge and
belief represents..."
After discussion, moved by Roalman/Williams to A) authorize the Mayor to enter into a contract
for purchase of the property known as 314-050 Higuera Street,APN 002-480-026,with the L.L. and
B.J. Mathews Charitable Remainder Annuity Trust and the L.L. and B.J. Mathews Revokable Trust
in an amount of $885,000; motion carried (4-1, Mayor Settle voting no).
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Tuesday, November 7, 1995 - 7:00 p.m.
Moved by Roalman/wlliams to C) authorize the expenditure of $165,000 from the Street
Reconstruction account and$135,000 from the Storm Drain Improvements project account towards
purchase of the property; (4-1, Mayor Settle voting no).
Moved by Roalman/fIliams to D) adopt Resolution No. 8467 preserving the City's ability to debt
finance $705,000 for the purchase of the property; (4-1, Mayor Settle voting no).
C•4 FINANCIAL ASSISTANCE APPLICATIONS FOR ROADWAY AND BICYCLE PROJECTS (File
No. )
Council considered financial assistance applications for roadway and bicycle transportation
projects.
Moved by Romero/Smith to adopt Resolution No. 8464 and Resolution No. 8465 authorizing the
CAO to execute and file financial assistance applications for five transportation projects with the
San Luis Obispo Council of Governments (SLOCOG): 1)Jennifer Street Bicycle-Pedestrian Bridge;
2) Orcutt Road Widening and Frontage Facilities (north side, Laurel Lane to McMillan Avenue); 3)
Los Osos Valley Road Landscaped Medians(Royal Way to west city limits);4)South Higuera Street
Sidewalks and Bicycle Lane Reconstruction (west side, Elks Lane south 1,110 feet); 5) Phase II of
the Railroad Bicycle Path (east side of railroad from Bushnell Street to Jennifer Street); motion
carried (5-0).
C-0 SALE OF OLD HEADQUARTERS FIRE STATION (File No. 727)
Council considered directing staff to begin preparing a marketing plan for the sale of the old
headquarters fire station.
Council Member Romero questioned whether the parking lot which is being heavily used at this
time should be sold.
John Dunn. CAO, explained that the sales potential would be much greater by selling both
properties together and that the revenue from the sale of this property is needed as a General Fund
budget-balancing tool.
After discussion, moved by Romero/Smith to direct staff to prepare plan; motion carried (5-0).
C-6 LOCAL AGENCY/STATE MASTER AGREEMENT(File No. 501)
Council considered approving Program Supplement No. 16 to the Local Agency/State Master
Agreement for Federal Aid Projects 05-5016 for the Bridge Replacement Project-Elks Lane at SLO
Creek (City Plan No. L-10H).
Moved by Romero/Smith to adopt Resolution No. 8463 approving Program Supplement No. 16;
motion carried (5-0).
C-7 UTILITY USERS TAX AND FRANCHISE FEE COMPLIANCE REVIEWS(File No. 294)
Council considered approving contracting with Hinderliter, de Llamas and Associates (HdL) for
utility users tax and franchise fee compliance reviews.
Moved by Romero/Smith to approve contracting agreement; motion carried (5-0).
City Council Meeting Page 4
Tuesday, November 7, 1995 -7:00 p.m.
C-8 FINANCING FOR CITY HALL SEISMIC SAFETY/HVAC IMPROVEMENT AND MISSION PLAZA
EXPANSION(File 202)
Council considered preserving the City's ability to debt finance $1,500,000 for City Hall seismic
safety/HVAC improvements and the Mission Plaza expansion.
Moved by Romero/Smith to adopt Resolution No. 8466 preserving debt financing; motion carried
(5-0).
C-9 FINANCIAL ADVISOR AGREEMENT WITH EVENSEN DODGE (File No. 223)
Consideration of authorizing the Mayor to execute an agreement with Evensen Dodge to retain their
services as the City's financial advisor.
Moved by Romero/Smith to authorize the Mayor to execute agreement; motion carried (5-0).
C-10 BOND COUNSEL AGREEMENT(File No. 416)
Council considered authorizing the Mayor to execute an agreement with Jones, Hail, Hill &White
to retain their services as the City's Bond Counsel.
Moved by Romero/Smith to authorize the Mayor to execute agreement; motion carried (5-0).
C-11 ENHANCED PROMOTIONAL FUNDS ALLOCATIONS (File No. 1051)
Council considered the use of Promotional Coordinating Committee(PCC) Enhanced Promotional
Funds and Granton-Aid Funds.
Moved by Romero/Smith to 1) approve PCC's recommended spending plan for Enhanced
Promotional Funds of$20,000 for a southbound Highway 101 sign,$7,000 for a video brochure, and
$6,000 for additional advertising; 2) approve the PCC's recommendation to give a Grant-in-Aid of
$2,500 to Decemberfest to fund use of the back-up trolley; and, 3) approve the PCC's
recommendation to reallocate the San Luis Obispo Arts Council's unspent 1994-95$2,000 Grant-in-
Aid to the program's reserve; (4-1, Council Member Roalman voting no)-
C-12 BELT FILTER PRESS UPGRADE AT WATER RECLAMATION FACILITY (File No. 521)
Council considered Design and Engineering for"Upgrade of Belt Filter Press at Water Reclamation
Facility."
Moved by Romero/Smith to approve and authorize the Mayor to execute an agreement for
Engineering Services with Brown and Caldwell Consultants in the amount of $35,000; motion
carried (5-0).
C-13 BIOSOLIDS REUSE AGREEMENT EXTENSION (File No. 521)
Council considered Amendment No. 2 to the Agreement with Pima Gro Systems, Inc. for
management and disposal/reclamation of the City's biosolids.
Moved by Romero/Smith to amend the Agreement for an additional year; authorize the Mayor to
execute the amendment with contractor subject to the following terms: a)cost for services will be
C��
City Council Meeting Page 5
Tuesday, November 7, 1995 -7:00 p.m.
$27.75 per ton, biosolids removed to a facility in Kern, Fresno, or Merced County and/or $19.50 per
ton, biosolids removed to a facility in San Luis Obispo County when permitted; b) biosolids will
be hauled and applied to permitted farmlands in compliance with applicable rules and regulations;
and, c) contract duration of one year; motion carried (5-0).
C-14 EIR CONSULTANT SERVICES FOR PREFUMO CREEK HOMES ANNEXATION PROJECT(File
No. 463)
Council considered Environmental Impact Report consultant services for the Prefumo Creek Homes
Annexation Project (City Files: ANNX 26-95, ER 26-95, TR 26-95, GP/R 26-95) proposed on a site
located on the south side of Prefumo Canyon Road, near Castillo Court (1855 Prefumo Canyon
Road).
Council Member Kathy Smith stated that this report should be considered at the upcoming study
session being held on this Issue.
Mayor Settle opened the meeting to public comment.
Christine Mulholland. SLO,expressed concern about major inconsistencies in City policy regarding
this issue and asked Council to not rush this issue.
Mayor Settle closed the meeting to public comment.
After discussion, moved by Roalman/Smith to continue this item to January 9, 1996 (3-2; Council
Members Romero and Williams voting no).
COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
PUBLIC HEARINGS
1. ADULT ENTERTAINMENT ORDINANCE (File No. 704)
Council held a public hearing to consider adopting an ordinance adding Municipal Code Chapter
17.95, Amending Table 9 of the Zoning Regulations, Adopting the Negative Declaration of
Environmental Impacts,and Repealing the Interim Moratorium Imposed in Ordinance No.1281 (1995
Series).
Cindy Clemens. Assistant City Attorney, reviewed the staff report.
Jeff Jorgensen. City Attorney, stated that the second reading of this ordinance will be November
21, and will take affect in thirty days.
Mayor Settle opened the public hearing.
No one addressed the issue.
Mayor Sett/ closed the public hearing.
Moved by Williams/Smith to introduce Ordinance No. 1286 to print; motion carried (5-0).
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City Council Meeting Page 6
Tuesday, November 7, 1995 - 7:00 p.m.
2. MINOR SUBDIVISION— 1236 GEORGE STREET(File No. 411)
Council held a public hearing to consider dividing one 7,500 sq. ft. lot into two, with exceptions
to lot width, depth, and area (MS 117-95).
Arnold Jonas. Community Development Director, reviewed the staff report.
Mayor Settle opened the public hearing.
Robert Burkeapplicant, offered to answer any questions regarding the matter.
Mayor Settle closed the public hearing.
After discussion, moved by Smith/Romero to adopt Resolution No. 8469 adopting negative
declaration, with mitigation, of environmental impact, and approving the subdivision with
exceptions requested; motion carried (5-0).
3. ADOPTION OF 1994 UNIFORM CODES AND 1993 ELECTRICAL CODE (File No. 402)
Consideration of adopting the 1994 Editions of the Uniform Building, Mechanical, Plumbing,
Housing and Dangerous Building Codes and the 1993 Edition of the National Electrical Code as
amended.
Mayor Settle opened the public hearing.
No one addressed the issue.
Mayor Settle closed the public hearing.
Moved by Romero/Smith to continue this item to a date certain, November 21, 1995; motion carried
(5-0).
4. AMERICANS WITH DISABILITIES ACT-TRANSITION PLAN (File No. 607)
Council held a public hearing to consider the Transition Plan required by the Americans with
Disabilities Act
Mike McCluskey. Public Works Director, reviewed the staff report.
Mayor Settle opened the public hearing.
Walter Vance. SLO, praised the work of staff to most ADA requirements.
Mark Mimmick, SLOCO Access, encouraged Council to approve the ADA Transition Plan and
offered his office's services in assisting the Council in further decisions regarding the disabled.
Dorothy Sharo,SLO,expressed concern about wheelchair lifts on the City's busses breaking down.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman/Williams to adopt Resolution No. 8468 approving the
City Council Meeting Page 7
Tuesday, November 7, 1995 -7:00 p.m.
Transition Plan; motion carried (5-0).
COMMUNICATIONS
Comm.1. Vice Mayor Romero requested Council appoint City representatives to the Art Acquisition
subcommittee of the Central Coast Performing Arts Center Commission.
Comm.2. Council Member Williams attended the Chorro Street Neighborhood meeting and stated
that progress is being made.
Comm.3. Mayor Settle requested clarification on membership of the subcommittee of the People's
Kitchen Relocation.
Comm.4. Council Member Roalman requested direction be given to staff on the Unocal clean-up
situation.
BUSINESS ITEMS
5. OPEN SPACE FINANCING TASK FORCE (File No. 462)
Council considered the formation of the Open Space Financing Task Force.
John Dunn. CAO, reviewed the staff report.
Mayor Settle asked for public comment on this issue.
Scott Gregory Municipal Advocate for the Chamber of Commerce,expressed support for the Open
Space Financing Task Force and stated that the Open Space Plan in conjunction with the Airport
Area Annexation represents an opportunity to protect both the economic .and environmental
qualities of life in San Luis Obispo and that a position plan from the Chamber of Commerce
regarding Airport Area Annexation and Open Space will be forthcoming.
Mayor Settle returned discussion to the Council.
After discussion, moved by Williams/Romero to 1) establish categories of representation for the
formation of an open space financing task force; and, 2) direct staff to solicit nominations from
these various categories for subsequent consideration and appointment by the City Council;
motion carried (5-0).
8:45 p.m. There being no further business to come before the City Council, Mayor Settle adjourned
the meeting to a Closed Session in the Council Hearing Room.
APPROVED BY COUNCIL:
DR:bv Diane Reynolds, City Clerk Secretary
C-/-//
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 7, 1995 - 8:45 P.M.
CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Kathy Smith,Dodie Williams,
Vice-Mayor Dave Romero and Mayor Allen Settle
Absent: None
City Staff
Present: Jeff Jorgensen, City Attorney; Mike McCluskey,Public Works
Director
CONFERENCE WITH PROPERTY NEGOTIATOR (Pursuant to Government Code § 54956.8)
Property: Bowden-LaLoma Adobe
Negotiating Parties:
For the City: Mike McCluskey
For Property Owner. John Kuden
Council considered whether to acquire.
9:25 p.m. Mayor Settle declared a recess to convene in open session in the Council Chamber,
where a public report of the action taken in closed session was given.
Jeff Jorgensen reported that Council authorized further negotiations towards acquisition.
9:30 p.m. There being no further business to come before the City Council, Mayor Settle adjourned
the meeting to Tuesday, November 14, 1995, at 7:00 p.m. in the Council Chamber.
APPROVED BY COUNCIL:
Diane Reynolds, City Cleric Secretary
DR:bv
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MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 14, 1995 -7:00 P.M.
CITY HALL - COUNCIL CHAMBER 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dodie Williams, Vice Mayor Dave
Romero and Mayor Allen Settle
Absent: Council Member Bill Roalman
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative
Officer; Kim Condon, Acting City Clerk; Mike McCluskey, Public
Works Director; Bob Neumann, Fire Chief; Viv Dilts, Fire Department
Administrative Assistant; Dave Redel, Fire Captain
PRESENTATION
Mayor Settle presented a Proclamation to Dr. Stephen Hansen in recognition of the importance of
preventing tobacco use among young adults.
PUBLIC COMMENT PERIOD
There were no public comments.
CONSENT AGENDA
C-1 GIFT DEED (File No. 168)
Council considered accepting a Gift Deed from Felton A.Ferrini of an approximately four acre open
space parcel (Parcel 4 of Parcel Map SLO 94-072) and authorizing the City Administrative Officer
and City Attorney to execute all documents necessary to record the deed prior to December 31,
1995.
Moved by Romero/Smith to accept the Gift.Deed; motion carried (4-0-1; Council Member Roalman
absent).
COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
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City Council Meeting Page 2
Tuesday, November 14, 1995 -7:00 p.m.
BUSINESS ITEMS
1. RAILROAD BIKE PATH PROPERTY ACQUISITION (File No. 168)
Council considered entering into a contract for the purchase of 13.89 acres from the Southern
Pacific Railroad in the amount of $731,900 to provide a bicycle and pedestrian pathway.
Mike McCluskey. Public Works Director, reviewed the agenda report.
After discussion, moved by Romero/Williams to authorize the Mayor to enter into a contract for
purchase of the property; motion carried (4-0-1; Council Member Roalman absent).
STUDY SESSION
2. AMBULANCE CONTRACT (File No. 725)
Council considered a report regarding alternatives for ambulance operations within the City.
Bob Neumann. Fire Chief, Viv Dilts, Administrative Assistant, and Dave Redel. Fire Captain,
presented the history of the ambulance system and outlined the four alternatives before the
Council this evening.
Mayor Settle asked for public input.
Jeff Hamm, County Administrative Analyst, stressed the County's concern with Alternative #3, a
Fire Department based transportation system, due to potential conflicts and said that the County
could support Alternative#2,private provider-based transportation with cost reimbursement to the
Fire Department.
Bob Fuller. Executive Vice President of San Luis Ambulance Service, said according to his
calculations the figures proposed by the Fire Department would result in a net loss of$24,000 the
first year and that San Luis Ambulance would welcome a private/public partnership (Alternative#2).
Bob Wilkinson. President of the City Fire Fighters' Association, supported Chief Neumann's
recommendation that Alternatives 3 and 4 be developed.
Gary Fowler, a resident of San Luis Obispo, said both the City and San Luis Ambulance provide
excellent service though he felt there were too many emergency personnel responding to
emergency calls and urged Council to look at where cost recovery will be coming from.
Dennis Murray. San Luis Ambulance, stated that the alternative of the fire-based transport could
put San Luis Ambulance out of business and ten to fifteen people could lose their jobs, and said
he did not agree with the reimbursement figures presented by the Fire Department.
Mayor Settle returned the discussion to the dais.
Moved by Romero/Williams to direct staff to further develop Alternatives 3 & 4 and continue to
consider Alternative 2; motion carried (4-0-1; Council Member Roalman absent).
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Tuesday, November 14, 1995 -7:00 p.m.
BUSINESS ITEM
3. MODIFICATION TO MARSH STREET CONTRACT (File No. )
Consideration of a contract modification on the Marsh Street project to replace the 17 stamped
concrete crosswalks with thermoplastic crosswalks; and expend the money saved by applying
paving blankets on adjacent downtown streets.
This item was withdrawn and not discussed.
Council Member Smith,for the record, expressed concerns regarding political maneuvering by two
Council Members attempting to put this item on the agenda without approval of a Council majority,
and possible favoritism of individuals with political clout. She also stated that she had read the
California Code of Regulations and it was her judgement that her ownership of the Garden Street
Inn did not represent a conflict of interest in relation to this project.
PUBLIC HEARING
4. APPEAL OF BUILDING PERMIT APPLICATION (File No. 407)
Public hearing to consider an appeal by Elaine Simer of a determination by the Chief Building
Official that a transient occupancy use,including an existing residential structure and an additional
one to be moved onto the property located at 1292 Foothill Boulevard, must comply with
requirements of the California State Building Code disabled handicap accessibility.
Ms. Simer withdrew her appeal prior to the meeting.
Moved by Romero/Williams to accept withdrawal of the appeal; motion carried; (4-0-1; Council
Member Roalman absent).
COMMUNICATIONS
Comm. 1. Council Member Williams said that she and Council Member Smith would be presenting
their report on the City Clerk position to the Council at their meeting of December 5, 1995.
Comm 2. Mayor Settle communicated his concerns about the Unocal Avila Beach clean-up and the
contamination that might result at the Unocal property which is within the Airport Annexation area.
Comm. 3. Mayor Settle suggested that Council keep in mind the months of April or May of 1996
for a follow-up meeting with North County on the Nacimiento Water Project.
Comm. 4. Mayor Settle suggested that the December 19, 1995 meeting be cancelled unless
something of significant consequence arises. (General consensus.)
Comm.5. Mayor Settle shared correspondence from the Channel Counties Division of the League
of California Cities concerning vacancies on the Employment Relations and Environmental Quality
subcommittees.
City Council Meeting Page 4
Tuesday, November 14, 1995 -7:00 p.m.
Comm. 6. Mayor Settle announced that the League of Women Voters would be celebrating their
75th anniversary on Saturday, November 18,1995,from 3:00 to 5:00 p.m.at the City/County Library.
8:55 p.m. There being no further business to come before the Council, Mayor Settle adjourned the
meeting to Tuesday, November 21, 1995 at 6:00 p.m. in the Council Hearing Room.
APPROVED BY COUNCIL:
C- /-/G
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 21, 1995 -7:00 P.M.
CITY HALL - COUNCIL CHAMBER - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dodie Williams, Vice Mayor Dave
Romero and Mayor Allen Settle
Absent: Council Member Bill Roalman
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Ken Hampian, Assistant City Administrative Officer; Kim
Condon, Acting City Clerk; Mike McCluskey, Public Works Director;
Arnold Jonas, Community Development Director;Tom Baasch,Chief
Building Official; Bob Neumann, Fire Chief.
Report on Action Taken in Closed Session:
Jeff Jorgensen. City Attorney, reported that Council had met in Closed Session re: Sunset Auto
Sales v. City of San Luis Obispo and the Bowden-LaLoma Adobe.
PUBLIC COMMENT PERIOD
P.C.I. Nima Niakan, representing the Cal Poly ASI, asked Council if there were any volunteer
projects that students can get involved in. He was referred to Recreation Director Paul LeSage.
P.C.2. Heidi Hill of the California Public Interest Research Corporation (CALPIRG) asked Council
to endorse the Anti-Corruption Act of 1996 which calls for the reform of State laws regarding
campaign contribution and expenditure laws.
CONSENT AGENDA
Moved by Williams/Romero to approve the Consent Agenda as recommended by the City
Administrative Officer; motion carried (4-0-1; Council Member Roalman absent).
C1. LEASE AGREEMENTS SLO LITTLE THEATRE AND SLO CHILDREN'S MUSEUM
(File No. 851)
Council considered lease agreements with San Luis Obispo Children's Museum and San Luis
Obispo Little Theatre.
Moved by Williams/Romero to: 1) approve the "Agreement for Lease of Property at 1010 Nipomo
Street" (A-19-95-CC) with San Luis Obispo Children's Museum; 2) approve the "Agreement for
Lease of Property at 888 Morro Street" (A-20-95-CC l with San Luis Obispo Little Theatre; and 3)
authorize the Mayor to execute the agreements; motion carried (4-0-1; Council Member Roalman
absent.
City Council Meeting Page 2
Tuesday, November 21, 1995 -7:00 p.m.
C2. ADULT ENTERTAINMENT ORDINANCE (File No. 704)
Council considered giving final passage to the Adult Entertainment Ordinance No. 1286 (1995
Series), adding Chapter 17.95 to the San Luis Obispo Municipal Code, Amending Table 9 of the
Zoning Regulations, Adopting the Negative Declaration of Environmental Impacts and Repealing
Interim Moratorium Imposed in Ordinance 1281.
Moved by Williams/Romero to give final passage to Ordinance No. 1286; motion carried (4-0-1;
Council Member Roalman absent).
C3. BIDS FOR CREEK BANK STABILIZATION PROJECTS -VARIOUS LOCATIONS
Council considered bids for Four Creek Bank Stabilization Projects at Various Locations: 1) San
Luis Creek at 236 Higuera Street (Spec. No. 9556-520-553); 2) San Luis Creek at 3046 S. Higuera
Street (Spec. No. 9555-520-553); 3) San Luis Creek at 35 Prado Road (Spec. No. 9554.520-553; 4)
San Luis Creek at 3546 S. Higuera Street(Spec. No. 9553-520-553).
Moved by Williams/Romero to: A) reject all bids; and B)adopt the mitigated negative declaration
and monitoring program for the four creek repair projects; motion carried (4-0-1; Council Member
Roalman absent).
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATIONS TO MASS TRANSPORTATION COMMITTEE
(File No. 123)
Council considered appointment recommendations to the Mass Transportation Committee to fill
unexpired terms.
Moved by Romero/Williams to appoint Ken McCracken as disabled representative, term to expire
3131/99; and, Kevin Rice as student representative, term to expire 3131196; motion carried (4-0-1;
Council Member Roalman absent).
A2. APPOINTMENT RECOMMENDATION TO THE JOINT RECREATIONAL USE COMMITTEE
(File No. 123)
Council considered appointment recommendation to the Joint Recreational Use Committee to fill
an unexpired term.
Moved by Romero/Smith to appoint Dennis Cox and Terry Connor to unexpired terms to end
3131/96; motion carried (4-0-1; Council Member Roalman absent).
COUNCIL LIAISON REPORTS
LR1. Vice Mayor Romero. Council Liaison to the CMC Advisory Committee, reported that one or
two CMC maintenance crews would be available to work in the creeks indefinitely, and that new
prisoners coming to the east facility at the Men's Colony would raise the prison population to 7,200
making it the largest facility in the State.
1-112. Council Member Williams said she had attended an EOC Board meeting at which concerns
were expressed regarding federal cutbacks, and It had been announced that the Family Planning
C�-/k
City Council Meeting Page 3
Tuesday, November 21, 1995 -7:00 p.m.
Clinic will be moving to a new location and have a new name, EOC Health Services.
LR3. Council Member Williams related that she had learned at a meeting of the of the Homeless
Services Center that the project is progressing nicely, and might be completed at this time next
year.
PUBLIC HEARINGS
1. ADOPTION OF UNIFORM CONSTRUCTION CODES (File Nos. 402 & 726)
A. Council held a public hearing to consider adoption of the 1994 Uniform Building Code and
the 1993 National Electrical Code, with amendments.
B. Council held a public hearing to consider adoption of the 1994 Edition of the Uniform Fire
Code.
Tom Baasch. Chief Building Inspector, summarized the code development process. He also
explained that while commercial buildings that are moved from one location to another fall under
the jurisdiction of the State building code, but residential,single-family dwellings that are relocated
are subject to the Health and Safety Code which exempts them from all building code requirements.
Bob Neumann. Fire Chief, briefly reviewed the report.
Mayor Settle opened the public hearing.
Richard Schmidt, San Luis Obispo resident, asked Council not to repeal Chapter 15.20 until it can
be reviewed and modified by a committee that will be comprised of people in the solar technology
community.
Mayor Settle closed the public hearing.
After discussion, moved by Romero Williams to introduce Ordinance No. 1287 to print repealing
Chapters 15.04, retaining Chapter 15.20 until March 31, 1996, to allow review by a committee
comprised of people knowledgeable in the solar technology community, repealing Chapter 15.20
and Section 17.16.100 of the San Luis Obispo Municipal Code, and creating a new Chapter 15.04
adopting the 1994 Editions of the Uniform Building Codes and the 1993 Edition of the National
Electrical Code, with amendments; motion carried (4-0-1; Council Member Roalman absent).
Moved by Smith/Romero to introduce Ordinance No. 1288 to print repealing Chapter 15.08 of Title
15 of the San Luis Obispo Municipal Code and creating a new Chapter 15.08 adopting the 1994
Edition of the Uniform Fire Code, with amendments; motion carred (4-0-1; Council Member
Roalman absent).
Council directed staff to return at a later date with a report on impact fees as referenced in Richard
Schmidt's letter of November 17, 1995. (General consensus.)
2. AMENDMENTS TO CDBG PROGRAMS (File No. 427)
Council held a public hearing to consider amendments to the City's Fiscal Year 1995 Community
Development Block Grant Program.
City Council Meeting Page 4
Tuesday, November 21, 1995 -7:00 p.m.
Arnold Jonas. Community Development Director, outlined the grant programs being amended.
Mayor Settle opened the public hearing.
Bill Thomarepresenting the Chamber of Commerce, encouraged Council to approve the Seismic
Retrofit Grant Program.
Mayor Settle closed the public hearing.
After discussion, moved by Williams/Romero to recommend that the Board of Supervisors: 1)
amend the FY 1995 CDBG program to allow EOC Family Planning to use $121,000 to purchase a
clinic at 705 Grand Avenue (new location); 2) amend the FY 1995 CDBG Program to reallocate
$150,000 from the Marsh Street Curb Ramps project to the Carnegie Library remodel; 3)amend the
FY 1994 CDBG Program to reallocate $8,000 from At-Risk Youth Services Program to the Carnegie
Library remodel; and, 4) modify the Seismic Retrofit Loan program for the FY 1994 and FY 1995
CDBG Programs to a grant program and allow grants of up to 25 percent of total retrofit costs, not
to exceed $25,000; motion carried (4-0-1; Council Member Roalman absent).
3. UNDERGROUND DISTRICT 12 (File No. 563)
Council held a public hearing to consider the formation of Underground District 12(Jennifer/Osos
Street at SPRR).
Mike McCluskey. Public Works Director, explained the need for this new underground district.
Mayor Settle opened the public hearing.
No one spoke on this item.
Mayor Settle closed the public hearing.
After discussion, moved by Smlth/Settle to: 1) adopt Resolution No. 8471 approving a proposed
revised priority list for underground districts; 2) by motion, direct staff to proceed with District 12;
and, 3) introduce to print Ordinance No. 1289 to amend Section 13.12.040 of the Municipal Code
to establish District 12; motion carried (3-1-0, Vice Mayor Romero voting no, Council Member
Roalman absent).
COMMUNICATIONS
Comm. 1. Mayor Settle announced that a Trader Joe's may soon join the community.
Comm. 2. Vice Mayor Romero commented on a letter from the Downtown Concept Plan Team
asking that the City reconsider the change to the Court Street area portion of the Plan and asked
that it come before Council again. (General consensus.)
Comm.3. Ken Hamoian, Assistant City Administrative Officer,said that COG would include on its
December 6 agenda a dialogue on the issue of how LAFCo's are organized and the independence
of LAFCo's from County government.
C- /-co
City Council Meeting Page 5
Tuesday, November 21, 1995 - 7:00 p.m.
BUSINESS ITEMS
4. CAL POLY STUDENT HOUSING COMMITTEE REPORT (File No. 425)
Council considered a proposal by Cal Poly to review student housing needs in San Luis Obispo
and the selection of two City representative to serve on the Student Housing Task Force.
After discussion, moved by Settle/Romero to appoint Council Members Smith and Roalman to serve
as City representatives to the Task Force, with Community Development Director, Arnold Jonas,
or his designee, acting as staff representative; motion carried (4-0-1; Bill Roalman absent).
5. POLICY FOR PLACING ITEMS ON THE AGENDA (File No. 114)
Consideration of the policy for placing items on the agenda.
This item was continued to the meeting of Tuesday, December 5, 1995.
8:20 p.m. There being no further business to come before the City Council, Mayor Settle adjourned
the meeting to Tuesday, December 5, 1995 in the Council Chamber.
APPROVED BY COUNCIL:
KC:dr Kim Condon, Acting City Clerk
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