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REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 16,2000-4:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Marx, Dave Romero, Vice
Mayor Ken Schwartz,and Mayor Allen K. Settle
City Staff:
Present: John Dunn,City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Ken Hampian,Assistant City
Administrative Officer, Arnold Jonas, Community Development
Director; Bill Statler, Finance Director, Ann Slate, Human Resources
Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John
Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul
LeSage, Parks and Recreation Director;Wendy George,Assistant to
the CAO;Terry Sanville,Transportation Planner; Whitney Mcllvaine,
Associate Planner; Wayne Peterson, City Engineer; Neil Havlik,
Natural Resources Manager; Karen Jenny, Risk Manager; Gary
Henderson,Water Division Manager; Shelly Stanwyck, Economic
Development Manager
BUSINESS ITEMS
1. AUTHORIZE ADVERTISING FOR BIDS FOR THE RAILROAD TRANSPORTATION
CENTER (RTCI.
Public Works Director McCluskey presented the staff report. Council Member Ewan stated
that he has a business more than 300 feet from the project and that he has determined he
has no conflict of interest. Council questions followed.
Public Comments:
Steve Devencenzi. SLOCOG staff, spoke in support of Staff's recommendation,and
responded to Council's questions relative to SLOCOG participation and parking for Amtrak
customers.
Mike Spangler,664 Marsh Street,spoke In opposition to using Parking Fund money to help
pay for this project,although he supports the project He Indicated he is concerned that
more raids of the fund will follow and urged the Council to use the fund only for what it's
intended: provide parking in the downtown.
—End of Public Comments.—
Council
Council discussion followed. Concerns by individual Council Members were expressed
about using Parking Funds.
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Tuesday, May 16,2000-4:00 p.m.
Council Member Romero voiced objections using the parking and street maintenance •
funds,and added that he would not support the staff recommendation. He proposed the
use of General Fund reserves; however,a majority of the Council did not support his
suggestion. Staff agreed to look at the funding again in June and see If there Is a way to
pay back those funds. City Administrative Officer John Dunn will put it on the agenda for
General Fund budget discussion on 6/20.
ACTION: Moved by Manx/Ewan to 1)approve plans and specifications for the
Railroad Transportation Center(FITC),Specification No.99059. 2) Approve
transferring$770,000 from various fund sources to this project's construction
budget 3) Authorize the Public Works Department to advertise for bids on the
construction contract 4) Authorize the City Administrative Officer to award the
contract if the accepted bid plus contingencies is within the total project
construction budget of$1,395,000; motion carried 4:1 (Romero).
2. SECURITY FENCING AND GATES FOR THE LOWER PORTION OF THE COUNTY
COURTHOUSE PARKING LOT AT THE CORNER OF MONTEREY AND SANTA ROSA
STREETS(ARC 51-96).
Community Development Director Jonas presented the staff report.
Public Comments:
Rich Kopecky, County General Services,appeared ready to field questions about the
design.
—End of Public Comments—
Council Discussion followed.
ACTION: Moved by Schwartz/Romero to affirm the previous Architectural Review
Commission and Community Development Director's recommendations regarding
the proposed project. Council strongly recommended that the parking area be
made available to the public during the evening,on weekends,and other times
when the court is not In session. Additionally, Council strongly recommended that
the County Include the relocation of the traffic signal control equipment as part of
the project at their expense; motion carried 5:0.
3. PRESENTATION BY STAFF OF THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES)PHASE II PROGRAM.
City Engineer Peterson provided the staff presentation. Brief Council questions followed.
Council Member Marx suggested that ECOSLO, SLO Land Conservancy, Chamber of
Commerce, Sierra Club, Cal Poly and Cuesta College be Involved in the public education
process. There were no comments from the public.
ACTION: Report received.
Break called at 5:55 p.m.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
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Tuesday, May 16,2000-4:00 p.m.
Pursuant to Government Code§54956.9 .
Workers Compensation Claim: John Carson
City Attorney Jorgensen reported that the Council authorized settlement;terms of which were
not disclosed,as settlement is ongoing.
PRESENTATIONS
NATIONAL PUBLIC WORKS WEEK.
Mayor Settle presented a proclamation to Public Works Director McCluskey and Utilities
Director Moss recognizing May 216t through May 2r as National Public Works Week. Parks
Supervisor Tolson announced activities planned for"Public Works Week."
NATIONAL BIKE WEEK.
Mayor Settle presented a proclamation to John Donovan from Rideshare recognizing May
15 to May 20th as"National Bike Week."
PUBLIC COMMENT
Art Murphy. Rockview Place resident, requested a copy of documentation certifying
compliance relative to the Administrative Use Permit for the Saturn dealership on Broad
Street
Brett Cross. 1214 Mariner's Cove, asserted that he objected to the Architectural Review
Commission delving Into planning and environmental issues. He also voiced concern
about news racks on Higuera Street Council directed City Attorney Jorgensen to return to
Council with a status report on news racks. In addition, Mr. Cross noted that he opposes
the proposed November 2000 revenue enhancement ballot measure, as well as the
recommendation to a City Biologist
Josephine Malone.San Luis Obispo citizen,articulated her concerns regarding corporate
advertising on vending machines In City parks and on news racks.
Gary Fowler,777 Mill Street, noted that the red curbing in his neighborhood is faded and
expressed concern regarding disrepair of painted curbs throughout the City. Council
directed staff to contact Mr. Fowler.
CONSENT AGENDA
ACTION: Moved by Schwartz/Romero to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES OF TUESDAY, MAY 2.2000.
ACTION: Moved by Schwartz/Romero to waive oral reading and approve as
submitted; motion carried 5:0.
C2. HUMAN RELATIONS COMMISSION(HRC)COSPONSORSHIP OF A TRI-COUNTY_
HATE CRIME TASK FORCE IN SAN LUIS OBISPO.
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Tuesday, May 16,2000-4:00 p.m.
ACTION: Moved by Schwartz/Romero to approve the HRC's request to cosponsor
the Tri-County Hate Crime Task Force Forum to be held In San Luis Obispo on June
8,2000; motion carried 5:0.
C3. COOPERATIVE PURCHASING—OFFICE SUPPLIES.
ACTION: Moved by Schwartz/Romero to approve cooperative purchasing for office
supplies through the California Communities Purchasing Program/Los Angeles
County Master Agreement, and authorize the Mayor to sign the contract with Office
Depot; motion carried 5:0.
C4. SAFE ROUTES TO SCHOOL GRANT APPLICATION.
Council Member Romero asked that if the grant is approved, consideration be given to
extending the flashing beacons on Los Osos Valley Road southerly to Royal Way.
ACTION: Moved by Schwartz/Romero to approve Safe Routes to School Grant
Application; motion carried 5:0.
C5. PURCHASE OF GENERAL PURPOSE VEHICLES FOR 1999-00.
ACTION: Moved by Schwartz/Romero to authorize Public Works to find suitable
used sedans and pickup trucks to replace existing vehicles scheduled for
replacement In fiscal year 1999-00; motion carried 5:0.
C6. JANITORIAL SERVICE ADJUSTMENTS.
ACTION: Moved by Schwartz/Romero to approve an amendment to add three rooms
at the Recreation Center on the existing contract to furnish janitorial maintenance
services under Specification No.9737(Contractor: Pacific Coast Building
Maintenance. Additional cost: $335 per month.); motion carried 5:0.
PUBLIC HEARINGS
4. AMENDMENT OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(PERS)CONTRACT TO PROVIDE MILITARY SERVICE CREDIT AS PUBLIC SERVICE
FOR FIRE SAFETY MEMBERS.
Human Resources Director Slate provided the staff report.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Marx/Ewan to adopt Resolution No.9043 and introduce
Ordinance No.1370 approving an amendment to the contract between the Board of
Administration of PERS and the City of San Luis Obispo to provide military service
credit as public service for fire safety members; motion carried 5:0.
5. AMENDING THE GENERAL PLAN WATER AND WASTEWATER ELEMENT POLICIES
RELATIVE TO SILTATION AND SAFE ANNUAL YIELD.
Utilities Director Moss and Water Division Manager Henderson presented the staff report
Council questions followed.
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Tuesday, May 16, 2000-4:00 p.m.
Mayor Settle opened the public hearing,. There were no public comments. Mayor Settle
Nosed the public hearing.
ACTION: Moved by Schwartz/Marx to approve the Planning Commission's
recommendation to adopt Resolution No.9044 to amend the Water and Wastewater
Management Element of the General Plan to annually account for reductions in safe
annual yield due to situation and approve a negative declaration of environmental
Impact; motion carried 5:0.
BUSINESS ITEMS continued
6. CITY'S LONG-TERM FISCAL HEALTH.
Finance Director Statler presented the staff report Consultants Catherine Lew and Richard
Maullin presented an In-depth report on the results of a November 2000 revenue ballot
measure feasibility study. Council questions followed.
Public Comments:
Bill Storm urged the Council to consider the concept carefully and look at the other issues
on the ballot this year.
Gary Fowler voiced opposition to the possible ballot measure.
Carla Sanders compared to Consultant's survey results with results of a 1988 survey and
concluded that growth and development,and traffic congestion are still the most important
concerns.
Richard Schmidt opposed the concept of spending public funds on this activity and argued
that it is manipulative.
—End of Public Comments.—
Council discussion followed.
ACTION: Report received. No support to proceed with a revenue ballot measure for
November 2000 at this time. Staff directed to bring the matter back for
consideration approximately 12 months before the November 2002 election.
Break 9:50 p.m. Reconvened at 10:05 p.m.
7. CITY BIOLOGIST POSITION.
Assistant City Administrative Officer Hampian, Natural Resources Manager Havlik and
Human Resources Director Slate presented the staff report.
Public Comments:
Richard Krelsa asked the Council to discuss the Natural Resources Inventory separately
from the position of City Biologist. Council agreed to bifurcate the discussion. Dr. Kre sa
voiced support for the recommendation (as modified by deleting "and initial priorities
Including the approach to completing the Natural Resource Inventory"),2,3 an 4." He
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Tuesday, May 16,2000-4:00 p.m.
argued, however,for greater educational qualifications and summarized recommendations
submitted by members of the Environmental Quality Task Force. •
Gary Fowler asserted that the position may not be needed at this time and asked what the
overall cost of the position will be. .
Phil Ashley expressed concerns about the inventory and the qualifications for the biologist.
He argued that the qualifications will yield an apprentice biologist and spoke In favor of the
hiring of a fisheries and wildlife biologist. He suggested that the job description be
amended by adding a responsibility to establish habitat protection and management plans.
Ray Belnap, Land Conservancy,said he supports the position and emphasized that the
timing is right due to the City's recent acquisition of open space.
Patricia Wilmore, SLO Chamber of Commerce, reported that the Board questions the
expenditure mid-year. She proposed that it is fiscally irresponsible at this time and
requested the Council delay approval until after the budget process.
Carla Sanders remarked that open space Is a priority and reminded the Council that
protection is a goal set by Council five years ago.
Kurt Kupper commented in support of the position and Dr. Krejsa's proposed
modifications.
—End of Public Comments—
Council discussion ensued.
Council Member Romero objected to adding this position at mid year,and proposed that the •
Issue be deferred until the goal setting and budget approval process.
Vice Mayor Schwartz proposed that the employment standards for the position be amended
by adding a qualification that the individual have knowledge of urban and regional
planning. The amendment to the job description was agreed to by a majority of the Council.
ACTION: Moved by Ewan/Marx to 1)approve the establishment of the position of
City Biologist, Including its recommended organizational placement and overall
scope of responsibilities as amended. Direct staff to Include an appropriation of
$68,800 In the 2000-01 budget to support salary and benefits($48,800 prorated for
nine months),general budget support($11,500)and "one-time"setup costs($8,500)
necessary for the position. 3) Direct staff to return with a policy resolution that
reinforces the stewardship responsibilities of all City employees relative to major
areas of shared responsibility. 4) Concur with the annual distribution of a
"sustainable city progress report"; motion carried 4:1 (Romero).
8. SECOND AMENDMENT OF THE EXCLUSIVE NEGOTIATING AGREEMENT(ENA)
RELATIVE TO THE PALM STREET/COURT STREET PROJECT AND ADDED
CONSULTANT SERVICES.
City Administrative Officer Dunn pondered the staff-report. There were no public comments.
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Tuesday, May 16,2000-4:00 p.m.
ACTION: Moved by Romero/Ewan.to 1)authorize the Mayor to execute the Second
Amendment to the Exclusive Negotiating Agreement(ENA)with Chinatown-Court
Street Partners, LLC in order to extend the ENA's term for an additional 45-days. 2)
Appropriate$25,000 from the Unappropriated General Fund balance to fund added
consultant services necessary to complete the negotiations; motion carried 5:0.
COUNCIL LIAISON REPORTS
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS(SLOCOG)
Council Member Romero provided an overview of the May 3rd meeting of SLOCOG (see
written report on file with the City Clerk). He summarized the draft business plan for a
proposed high-speed rail system,which would provide service between San Diego at the
southern end to Sacramento and San Francisco at the.northern end. The SLOCOG and
APCD boards viewed a presentation regarding PLACE'S(PLAnnign for Community Energy,
Economic,and Environmental Sustainability)GIS system overlay maps and tentatively
approved the conceptual program. The SLOCOG board endorsed the state-of-the-art
Intelligent Transportation System(ITS). Council Member Romero noted that the City of San
Luis Obispo will receive approximately$250,000 from the Governor's Transportation
Initiative.
INTEGRATED WASTE MANAGEMENT AUTHORITY
Council Member Ewan reported on the May 10th meeting of the San Luis Obispo County
Integrated Waste Management Authority. Council Member Romero reported that IWMA
recently received approval for a grant that will utilize ground up tires that can be used as a
protective base on the playground at the Children's Museum. He also reported that he and
Vice Mayor Schwartz attended a tour of the new Materials Recovery Facility(MFR)at the
Cold Canyon Landfill.
AIR POLLUTION CONTROL BOARD(APCD)
Council Member Ewan reported that the APCD will meet on Wednesday, May 17;2000.
PERFORMING ARTS CENTER(PAC)
Council Member Romero reported that the.PAC Facilities Committee has reviewed a report
from its consultant to prioritize(on a cost-benefit basis)a series of actions to Improve all
facets of operations at the PAC. City Administrative Officer Dunn announced that a joint
meeting of the City Council, PAC Board and the Cal Poly Foundation Board will take place
on June 15"'.
COMMUNICATIONS
TURNING POINT ACADEMY
Mayor Settle announced that he and Vice Mayor Schwartz met with Colonel Neven and his
assistant from Turing Point Academy to discuss Issues of mutual concern.
OBISPO BEAUTIFUL
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Tuesday, May 16,2000-4:00 p.m.
Vice Mayor Schwartz announced that on June 1 at at 6:00 p.m.at the Monday Club three
"Obispo Beautiful"awards will be presented. Six buildings in the community will be
recognized, he added.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at approximately 11:30 p.m.to Tuesday,June 6,2000 at 7:00 p.m.In the Council
Chamber,990 Palm Street,San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 6/20/00
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JUNE 6,2000-5:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Marx, Dave Romero, Vice
Mayor Ken Schwartz, and Mayor Allen K. Settle
City Staff:
Present: John Dunn, City Administrative Officer; Jeff Jorgensen,City
Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City
Administrative Officer; Arnold Jonas, Community Development
Director; Bill Statler, Finance Director; Ann Slate, Human Resources
Director;Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John
Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul
LeSage, Parks and Recreation Director; Wendy George,Assistant to
the CAO; Sue Baasch,Administrative Analyst; Dave Elliott,
Administrative Analyst;Todd Martin, City Arborist; Linda Asprion,
• Revenue Manager; Whitney Mcllvaine,Associate Planner
BUSINESS ITEM
1. COMMUNITY CENTER/THERAPY POOL NEEDS STUDY.
Parks and Recreation Director LeSage introduced the staff report. Consultants Charlie Knox
and Sara Kocher from the firm of Crawford, Multari, Clark&Mohr provided an in-depth
review of the study and recommendations. Park& Recreation Commission Chair Neville
briefly summarized the response.by the Commission to the study.
Public Comments:
Bill Storm spoke in support of the recommendations and urged the Council to make a new
senior center a high priority. He reported that local senior groups will continue to work with
the City, and are willing to help raise funds. In response to Council Inquiry, Mr. Storm noted
that seniors need nutrition programs but the current facility is not large enough to
accommodate the program.
—End of Public Comments—
ACTION: Moved by Ewan/Marx to 1)approve the recommendation of the Parks and
Recreation Commission endorsing the Community Center and Therapy Pool Needs
Study. 2) Direct staff to bring this project forward at such time as adequate funding
exists for the community center and 3) Direct staff to move forward with plans for
the therapy pool rear Sinsheimer Pool and the interim solution for the senior center
at the Recreation Center; motion carried 5:0.
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Tuesday, June 6, 2000-5:00 p.m.
Mayor called a break at 6:00 p.m. •
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code§54957.6
Agency Negotiators: Ken Hampian, Wendy George, Karen Jenny
Employee Organization: San Luis Obispo Fire Battalion Chiefs'Association
ACTION: City Attorney Jorgensen reported that Council gave instructions to its
negotiators.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code§54957.6
Agency Negotiators: Ann Slate, Karen Jenny
Represented Employees: San Luis Obispo Police Staff Officers Association
Action: City Attorney Jorgensen reported that Council gave Instructions to its
negotiators.
PRESENTATIONS
TEEN COMMUNITY SERVICES RECOGNITION
Mayor Settle presented Certificates of Appreciation to 27 San Luis Obispo High School
students recognizing them for the many volunteer hours they have donated to the
community.
SPECIAL OLYMPICS PROCLAMATION
Mavor Settle presented a proclamation to Police Chief Gardiner declaring June 12,2000
through June 13,2000 as Special Olympics Law Enforcement Torch Run Days in San Luis
Obispo.
NATIONAL MANAGEMENT ASSOCIATION(NMA)WEEK
Mayor Settle presented a proclamation to David Hix, NMA President, proclaiming the week
of June 5,2000 through June 9, 2000 as National Management Association Week.
PUBLIC COMMENT
Jason Berg,Jeff Zimmerman and Bill Sutton, representing the San Luis Obispo Police
Officers and Firefighters Associations,asked the Council to place an item on the June 20"'
City Council agenda. The item was consideration of placing on the November ballot a
measure(as proposed by the proponents)that would amend the City Charter by adding a
provision for binding arbitration for public safety employees and to do so without a
companion.
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Tuesday, June 6,2000-5:00 p.m.
• Individual Council comments followed;there insufficient support for placing the matter on the
next agenda.
Gary Fowler.777 Mill Street,expressed concern regarding the red curb painting permit
process. Mr.Fowler expected the City to repaint the curbs on his street and objects to the
present red curb painting policy. Staff was asked to contact Mr. Fowler about his concerns.
CONSENT AGENDA
ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES OF TUESDAY, MAY 16. 2000.
ACTION: Continued to 6/20 at staffs request.
C2. SUPPORT FOR TAXPAYERS FOR FAIR COMPETITION.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9045 supporting "The Fair
Competition and Taxpayer Savings Act' Initiative; motion carried 5:0.
C3. LEASE OF BATTERY-POWERED PICKUP TRUCKS.
• ACTION: Moved by Romero/Ewan to 1)authorize the City Administrative Officer to
submit a commercial application and execute a lease agreement in the amount of
$78,200 with Barber Ford of Ventura, California to lease five battery-powered for EV
Ranger pick up trucks for three years. 2) Appropriate$75,400 of Petroleum
Violation Escrow Account(PVEA)grant revenue and $4,800 from the unappropriated
balance of the General Fund to a new Capital Improvement Project account to cover
the cost of the lease and the installation of charging stations; motion carried 5:0.
C4. APPROVAL OF INCREASE IN SELF-INSURED RETENTION FOR LIABILITY
INSURANCE FROM $100.000 TO$250.000.
ACTION: Moved by Romero/Ewan to approve increasing the self-insured retention
for liability insurance from $100,000 to$250,000; motion carried 5:0.
C5. SANITARY SURVEY UPDATES AND INTER-AGENCY AGREEMENTS.
ACTION: Moved by Romero/Ewan to approve the request for proposals and inter-
agency agreements for the preparation of two new Sanitary Surveys and five
Sanitary Survey Updates,and authorize the City Administrative to award the
consultant services contract and execute the agreements if the selected consultant
proposal is within the project budget; motion carried 5:0.
C6. AMENDMENT#4 TO THE CITY/COUNTY AGREEMENT FOR PROVIDING WATER
AND SEWER SERVICE TO THE COUNTY AIRPORT.
ACTION: Moved by Romero/Ewan to adopt.Resolution No.9046 approving
Amendment#4 to the City/County Agreement for water and sewer service to the
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Tuesday,June 6,2000-5:00 p.m.
airport,clarifying certain sections of the agreement,expanding the service area,and
transferring ownership and maintenance responsibilities of the airport Lift Station •
from the County of San Luis Obispo to the City of San Luis Obispo; motion carried
5:0.
C7. FINAL PASSAGE OF ORDINANCE NO. 1370 TO IMPLEMENT MILITARY SERVICE AS
PUBLIC SERVICE FOR FIRE MEMBERS OF CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM (CALPERS).
ACTION: Moved by Romero/Ewan to grant final passage to Ordinance No. 1370;
motion carried 5:0.
C8. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE
LAND AND WATER CONSERVATION FUND AND FROM THE COASTAL GRANT
RESOURCES GRANT PROGRAM FOR THE PROJECT KNOWN AS THE FOSTER
PROPERTY ACQUISITION.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9047 and Resolution No.
9048 authorizing staff to complete and submit applications for grant monies in the
amount of$100,000 from the Land and Water Conservation Fund,and In the amount
of$150,000 from the State Coastal Resources Grant Program,which would be used
In support of the acquisition of the Foster property in the Irish Hills at the end of
Royal Way; motion carried 5:0.
C9. MEMORANDUM OF AGREEMENT WITH SAN LUIS OBISPO LITTLE THEATRE
CONCERNING PROPERTY AT 630 MONTEREY STREET.
ACTION: Moved by Romero/Ewan to approve a Memorandum of Agreement with the
San Luis Obispo Little Theater regarding provisions of a proposed lease of real
property at 630 Monterey Street for the purpose of constructing a community
theater on the site; motion carried 5:0.
C10. STREET RECONSTRUCTIOWRESURFACING—SUMMER 2000,SPECIFICATION NO.
900128.
ACTION: Moved by Romero/Ewan to 1)approve plans and specifications for"Street
Reconstruction/Resurfacing Summer 2000." 2) Authorize staff to advertise for bids.
3) Authorize the City Administrative Officer to award the contract If the lowest
responsible bid is within the budget amount of$849,812. 4) Authorize the transfer
of$365,000 from the current Pavement Management Plan(PMP)budget to the Santa
Rosa/Monterey/California waterline project budget, Specification No.90151; motion
carried 5:0.
C11. ASSESSMENT OF NEEDS AND THE DEVELOPMENT OF TECHNICAL
SPECIFICATIONS FOR A CITY-WIDE ELECTRONIC DOCUMENT MANAGEMENT
SYSTEM.
ACTION: Moved by Romero/Ewan to approve a Consultant Services Agreement with
@doc in the amount of$17,500 for the purpose of assisting staff with assessing
needs and developing technical specifications for a City-wide electronic document
management system; motion carried 5:0.
APPOINTMENT
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Tuesday,June 6,2000-5:00 p.m.
• Al. JACK HOUSE COMMITTEE APPOINTMENT.
ACTION: Moved by Settle/Schwartz to appoint Greg Dillman to a four-year term
beginning on June 6,2000 to expire on March 30,2004; motion carried 5:0.
PUBLIC HEARINGS
2. APPEAL OF THE TREE COMMITTEE'S DECISION TO DENY A TREE REMOVAL
REQUEST AT 400 FOOTHILL BOULEVARD.
City Arborist Martin provided the staff report.
Mayor Settle opened the public hearing.
Naomi Wright,appellant, spoke In support of her appeal.
Mayor Settle dosed the public hearing.
ACTION: Moved by Romero/Settle to adopt Resolution No.9049 upholding the
appeal of the Tree Committee's decision to deny the removal request and approving
the request to remove a tree at 400 Foothill Boulevard causing undue hardship,with
the condition that the property owner replace the tree with a 24" box tree of a
species acceptable to the property owner and the City prior to the removal and with
all costs to be paid for by the property owner; motion carried 5:0.
• 3. CONSIDERATION OF A MINOR SUBDIVISION AT 1129 GEORGE STREET(MS/ER/A
57-00).
Associate Planner Mcllvalne provided the staff report and responded to questions from the
Council.
Mayor Settle opened the public hearing.
Applicant John Evans, 1136 George Street,spoke in support of the project and noted that
he concurs with the recommended conditions of approval. He responded to questions
from the Council.
Bruce Hilton. 1148 George Street, spoke In support.
Mark Anderson.tenant at 1174 Ella Street,expressed concern about the density proposed.
Mark Lowerison.owner of 1174 Ella Street,stated that he was concerned about the
architectural aspects of the project. He also voiced concern that the applicant is not the
property owner and submitted for the record related correspondence.
Margarita Yin, 1151 Ella Street,expressed concern about the increased density and
potential change In neighborhood character.
Katherine Dollard, 1101 Ella Street,expressed similar concern.
• Lisa Lowerison. 1174 Ella Street, asserted that the proposed project will affect property
value.
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Tuesday,June 6,2000-5:00 p.m.
David Jeffrey. 1128 Iris Street, spoke in favor of approval and suggested Council consider •
adding a condition that there be no parking exceptions.
In response to Council inquiry, Applicant John Evans, reported that the escrow is
contingent upon the approval of the project. He cannot obtain financing unless he obtains
approval for the project, however financing is eminent with approval. He said he has no
objection to agreeing to a restriction that no secondary units be added on.
Mayor Settle closed the public hearing.
City Attorney Jorgensen advised that the packet submitted by Lowerisons relates to a
dispute regarding prescriptive property rights and has no bearing on this issue.
Council agreed to amend the conditions of approval as follows: Add, "Secondary dwelling
units shall be prohibited on lots resulting from this subdivision." Add an 'h': "No parking
exceptions shall be granted."
ACTION: Moved by Romero/Marx to adopt Resolution No.9050: 1)approving a
mitigated negative declaration; 2)a tentative parcel map with exceptions to the
subdivision and grading regulations; and 3)a use permit to allow an exception to
the reduction of density with slope, based on findings and subject to conditions as
amended; motion carried 5:0.
Break called at 8:50 p.m. At 9:00 p.m.the meeting resumed.
4. ENTERPRISE FUND RATE REVIEWS.
A. 2000 WATER FUND REVIEW. •
B. 2000 SEWER FUND REVIEW.
C. 2000 PARKING FUND REVIEW.
D. 2000 TRANSIT FUND REVIEW.
E. 2000 GOLF COURSE FUND RATE REVIEW.
Mayor Settle opened the public hearing. There was no public comment. Mayor Settle
closed the public hearing.
ACTIONS: Moved by Ewan/Schwartz to review and file the 2000 annual water fund
financial review. 2) Conceptually approve the proposed operating program change
request($19,700 in 2000-2001, and$25,700 per year through 2006),and capital
improvement plan request($90,000), pending the June 20,2000, budget review; 3)
review and file the 2000 annual sewer fund financial review. 4) Conceptually
approve the proposed operating program change request($11,300)and capital
Improvement plan request($30,000), pending the June 20,2000, budget review; 5)to
review and discuss the worksheet"Changes in Working Capital—Parking Fund"; 6)
to review and discuss the worksheet"Changes in Working Capital—Transit Fund";
7)adopt Resolution No.9051 with the following fees for Laguna Lake Golf Course
effective July 1,2000: SeniorNouth Weekdays$5.75, General Weekdays$7.75,
Weekends$8.50, SenlorNouth Weekends$6.50,SeniorNouth 10-Play Cards$52.50,
General 10-Play Cards$62.50; and 8) Authorize a General Fund transfer of$171,000
for general government costs and capital improvements; motion carried 5:0.
At 9:09 p.m.the Council adjourned to the Capital Improvement Board meeting.
•
City Council Meeting Page 7
Tuesday,June 6, 2000-5:00 p.m.
CAPITAL IMPROVEMENT BOARD
• The Council convened as the Capital Improvement Board.
5. ANNUAL MEETING OF THE CAPITAL IMPROVEMENT BOARD.
ACTION: Moved by Romero/Marx to 1)approve the Minutes of the meeting held on
September 21, 1999. 2) Elect officers for the Capital Improvement Board(President
and Vice President); motion carried 5:0. .
At 9:09 the Capital Improvement Board adjourned. The Council meeting reconvened.
BUSINESS ITEMS
6. CAL POLY MASTER PLAN UPDATE REVIEW AND COMMENT.
Community Development Director Jonas provided the staff report. Linda Dalton. Cal Poly
Vice Provost, indicated that comments received have been very constructive and many will
be Incorporated.
Vice Mayor Schwartz urged the University to consider the full Impacts of the college on the
community, particularly in the area of housing. Competition for housing is not with Cuesta
College students,as stated In the Plan, but rather with low and moderate Income families in
SLO are added Vice Mayor Schwartz asked Cal Poly to consider the comments submitted
to the City by Residents for Quality Neighborhoods.
Council Member Marx encouraged Cal Poly to begin now to educate students about what it
means to live in a community and urged the University to consider the environmental
Impacts to the neighborhoods and the community as a whole when designing and
constructing new facilities and amenities.
Council Member Ewan expressed concerns regarding transit programs and emphasized the
need for creating solutions to traffic Impacts.
Vice Mayor Schwartz suggested that comments made by Carla Saunders relative to an EIR
and sound be forwarded as part of the City's comments.
ACTION: Moved by Romero/Ewan to forward recommendations by the City and
correspondence received from the public to Cal Poly for Inclusion In the Cal Poly
Master Plan,emphasizing achievement of the Plan's policies and goals through
cooperative Involvement with the City and Its citizens,and minimization of potential
adverse Impacts on the City's neighborhoods and on the community resulting from
University growth or operations; motion carried 5:0.
COUNCIL LIAISON REPORTS
None.
COMMUNICATIONS
UNDERGROUND ELECTRIC SERVICE IN THE DOWNTOWN
City Council Meeting Page 8
Tuesday,June 6,2000 -5:00 p.m.
Council Member Romero requested that Council direct staff to consider and report back on
two options regarding installation of underground conduit in the downtown. Staff reported •
that there are no resources to fund the study and recommended that Council review the
matter during budget discussions, if there is support. Discussion ensued. Staff agreed to
install conduit in the new sidewalk on Higuera Street as part of the bridge replacement
project.
LEGISLATIVE ISSUES "BRICKS AND MORTARS"
Vice Mayor Schwartz suggested that the City send letters to legislators stating the City's
position on the Educational Revenue Augmentation Fund (ERAF) cap and legislative
issues. Council directed City Attorney Jorgensen to draft the letters.
COUNCIL MEETINGS OF JUNE 15TH
Mayor Settle announced two joint City Council meetings will be held at the Embassy Suites
Hotel on Thursday,June 15th: 1)Joint meeting with the Cal Poly Foundation, Performing
Arts Center Commission and the City Council to begin at noon. 2) Joint meeting with the
seven cities in San Luis Obispo County starting at 7:00 p.m.
LEAGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVISION MEETING
Council Member Romero announced that the next League of California Cities Channel
Counties Division meeting is Friday,June 3r in Moorpark.
OLIVE FRUIT FLY
Mayor Settle announced that the San Luis Obispo County Agricultural Commissioner •
reports that the olive fruit fly has been found in the Laguna Lake area. The Commissioner
will keep the City informed of mitigation measures.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:10 p.m.to,Thursday,June 15"'at 12:00 noon the Embassy Suites in San Luis
Obispo for purpose of meeting in a joint session with Poly Foundation and PAC Board.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 6120/00
LP:dr
•
MEE11inj AGENDA
DATE ITEM #
council memoizanbum
DATE: June 20, 2000
°PSL:,- CHF
TO: Mayor&Members of the City Council L T =- + °HC DI1
°UTIL DIR
,L ° T °PERS DIR
FROM: Lee Price, City Cler
SUBJECT: Revision to Minutes of 5/16/00 and 6/6/00
At Vice Mayor Schwartz's suggestion, staff offers the following corrections to the Minutes of 5/16/00
and 6/6/00:
May 16, 2000
Page 6 SECOND AMENDMENT OF THE EXCLUSNE NEGOTIATING AGREEMENT(ENA)
RELATIVE TO THE PALM STREET/COURT STREET PROJECT AND ADDED CONSULTANT
SERVICES.
"CAO Dunn pandered rovid the.staff report."
Page 8 Communications:
Vice Mayor Schwartz announced that on June 15L at 6:00 p.m.at the Monday Club three
"Obis o Beautiful" awards will be presented to the City. Sox buildings
Fo ro in the community will be recognized, he added.
June 6, 2000
Page 7 CAL POLY MASTER PLAN UPDATE REVIEW AND COMMENT.
Vice Mayor Schwartz urged the University to consider the full impacts of the college on
the community, particularly in the area of housing. Competition for housing is not with
Cuesta College students,as stated in the Plan, but rather with low and moderate income
families in SLO,are-®added. Vice Mayor Schwartz asked Cal Poly to consider the
comments submitted to the City by Residents for Quality Neighborhoods.
Council Member Romero requests that the Minutes of June 6, 2000 be amended as follows:
Page 8: Communications: Underground Electric Service in the Downtown
Add a second paragraph that reads:
Staff further agreed that the best way to plan for enhanced electrical infrastructure(e.g.
conduit) in the downtown is through the completion of a long-range electrical service
master plan. However, given the Public Works Departments' current workload and
Memo for Minute Revisions
priorities, such an undertaking should be considered, and if appropriate,.further defined
through Council goal setting for the 2001-03 Financial Plan.
Copies of both sets of Minutes are attached.
i
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 16,2000-4:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Marx, Dave Romero,Vice
Mayor Ken Schwartz, and Mayor Allen K. Settle
City Staff:
Present: John Dunn,City Administrative Officer,Jeff Jorgensen, City
Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City
Administrative Officer; Arnold Jonas, Community Development
Director; Bill Statler, Finance Director;Ann Slate, Human Resources
Director,Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John
Moss, Utilities Director; Mike McCluskey, Public Works Director, Paul
LeSage, Parks and Recreation Director;Wendy George,Assistant to
the CAO;Terry Sanville,Transportation Planner;Whitney Mcllvaine,
Associate Planner; Wayne Peterson, City Engineer; Neil Havlik,
Natural Resources Manager; Karen Jenny, Risk Manager; Gary
Henderson,Water Division Manager; Shelly Stanwyck,Economic
Development Manager
BUSINESS ITEMS
1. AUTHORIZE ADVERTISING FOR BIDS FOR THE RAILROAD TRANSPORTATION
CENTER(RTC).
Public Works Director McCluskey presented the staff report. Council Member Ewan stated
that he has a business more than 300 feet from the project and that he has determined he
has no conflict of interest. Council questions followed.
Public Comments:
Steve Devencenzi,SLOCOG staff, spoke in support of Staffs recommendation,and
responded to Council's questions relative to SLOCOG participation and parking for Amtrak
customers.
Mike Spangler.664 Marsh Street,spoke in opposition to using Parking Fund money to help
pay for this project, although he supports the project. He indicated he is concerned that
more raids of the fund will follow and urged the Council to use the fund only for what it's
intended: provide parking in the downtown.
—End of Public Comments.—
Council discussion followed. Concerns by individual Council Members were expressed
about using Parking Funds.
City Council Meeting Page 2
Tuesday, May 16,2000 -4:00 p.m.
Council Member Romero voiced objections using the parking and street maintenance
funds,and added that he would not support the staff recommendation. He proposed the
use of General Fund reserves; however,a majority of the Council did not support his
suggestion. Staff agreed to look at the funding again in June and see if there is a way to
pay back those funds. City Administrative Officer John Dunn will put it on the agenda for
General Fund budget discussion on 6/20.
ACTION: Moved by Marx/Ewan to 1) approve plans and specifications for the
Railroad Transportation Center(RTC),Specification No. 99059. 2) Approve
transferring$770,000 from various fund sources to this project's construction
budget. 3) Authorize the Public Works Department to advertise for bids on the
construction contract. 4) Authorize the City Administrative Officer to award the
contract if the accepted bid plus contingencies is within the total project
construction budget of$1,395,000; motion carried 4:1 (Romero).
2. SECURITY FENCING AND GATES FOR THE LOWER PORTION OF THE COUNTY
COURTHOUSE PARKING LOT AT THE CORNER OF MONTEREY AND SANTA ROSA
STREETS(ARC 51-96).
Community Development Director Jonas presented the staff report.
Public Comments:
Rich Kopeckv,County General Services,appeared ready to field questions about the
design.
---End of Public Comments--
Council Discussion followed.
ACTION: Moved by Schwartz[Romero to affirm the previous Architectural Review
Commission and Community Development Director's recommendations regarding
the proposed project Council strongly recommended that the parking area be
made available to the public during the evening,on weekends,and other times
when the court is not in session. Additionally,Council strongly recommended that
the County include the relocation of the traffic signal control equipment as part of
the project at their expense; motion carred 5:0.
3. PRESENTATION BY STAFF OF THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PHASE II PROGRAM.
City Engineer Peterson provided the staff presentation. Brief Council questions followed.
Council Member Marx suggested that ECOSLO,SLO Land Conservancy, Chamber of
Commerce,Sierra Club, Cal Poly and Cuesta College be involved in the public education
process. There were no comments from the public.
ACTION: Report received.
Break called at 5:55 p.m.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code§54956.9
Workers Compensation Claim: John Carson
City Council Meeting Page 3
Tuesday, May 16,2000-4:00 p.m.
City Attorney Jorgensen reported that the Council authorized settlement;terms of which were
not disclosed,as settlement is ongoing.
PRESENTATIONS
NATIONAL PUBLIC WORKS WEEK.
Mayor Settle presented a proclamation to Public Works Director McCluskey and Utilities
Director Moss recognizing May 215`through May 27th as National Public Works Week. Parks
Supervisor Tolson announced activities planned for"Public Works Week."
NATIONAL BIKE WEEK.
Mayor Settle presented a proclamation to John Donovan from Rideshare recognizing May
15th to May 20th as"National Bike Week."
PUBLIC COMMENT
Art Murphy.Rockview Place resident,requested a copy of documentation certifying
compliance relative to the Administrative Use Permit for the Saturn dealership on Broad
Street.
Brett Cross. 1214 Mariner's Cove,asserted that he objected to the Architectural Review
Commission delving into planning and environmental issues. He also voiced concern
about news racks on Higuera Street. Council directed City Attorney Jorgensen to return to
Council with a status report on news racks. In addition, Mr. Cross noted that he opposes
the proposed November 2000 revenue enhancement ballot measure, as well as the
recommendation to a City Biologist.
Josephine Malone.San Luis Obispo citizen,articulated her concerns regarding corporate
advertising on vending machines In City parks and on news racks.
Gary Fowler.777 Mill Street, noted that the red curbing in his neighborhood is faded and
expressed concern regarding disrepair of painted curbs throughout the City. Council
directed staff to contact Mr. Fowler.
CONSENT AGENDA
ACTION: Moved by Schwartz/Romero to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES OF TUESDAY. MAY 2.2000.
ACTION: Moved by Schwartz/Romero to waive oral reading and approve as
submitted; motion carried 5:0.
C2. HUMAN RELATIONS COMMISSION (HRC)COSPONSORSHIP OF A TRI-COUNTY
HATE CRIME TASK FORCE IN SAN LUIS OBISPO.
ACTION: Moved by Schwartz/Romero to approve the HRC's request to cosponsor
the Tri-County Hate Crime Task Force Forum to be held in San Luis Obispo on June
8,2000; motion carried 5:0.
C3. COOPERATIVE PURCHASING—OFFICE SUPPLIES.
City Council Meeting Page 4
Tuesday, May 16,2000 -4:00 p.m.
ACTION: Moved by Schwartz/Romero to approve cooperative purchasing for office
supplies through the California Communities Purchasing Program/Los Angeles
County Master Agreement,and authorize the Mayor to sign the contract with Office
Depot; motion carried 5:0.
C4. SAFE ROUTES TO SCHOOL GRANT APPLICATION.
Council Member Romero asked that if the grant is approved,consideration be given to
extending the flashing beacons on Los Osos Valley Road southerly to Royal Way.
ACTION: Moved by Schwartz!Romero to approve Safe Routes to School Grant
Application; motion carried 5:0.
C5. PURCHASE OF GENERAL PURPOSE VEHICLES FOR 1999-00.
ACTION: Moved by Schwartz/Romero to authorize Public Works to find suitable
used sedans and pickup trucks to replace existing vehicles scheduled for
replacement in fiscal year 1999-00; motion carried 5:0.
C6. JANITORIAL SERVICE ADJUSTMENTS.
ACTION: Moved by SchwartzJRomero to approve an amendment to add three rooms
at the Recreation Center on the existing contract to furnish janitorial maintenance
services under Specification No.9737(Contractor: Pacific Coast Building
Maintenance. Additional cost:$335 per month.); motion carried 5:0.
PUBLIC HEARINGS
4. AMENDMENT OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(PERS) CONTRACT TO PROVIDE MILITARY SERVICE CREDIT AS PUBLIC SERVICE
FOR FIRE SAFETY MEMBERS.
Human Resources Director Slate provided the staff report.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Marx/Ewan to adopt Resolution No.9043 and introduce
Ordinance No. 1370 approving an amendment to the contract between the Board of
Administration of PERS and the City of San Luis Obispo to provide military service
credit as public service for fire safety members; motion carried 5:0.
5. AMENDING THE GENERAL PLAN WATER AND WASTEWATER ELEMENT POLICIES
RELATIVE TO SILTATION AND SAFE ANNUAL YIELD.
Utilities Director Moss and Water Division Manager Henderson presented the staff report.
Council questions followed.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Schwartz/Marx to approve the Planning Commission's
recommendation to adopt Resolution No.9044 to amend the Water and Wastewater
Management Element of the General Plan to annually account for reductions in safe
City Council Meeting Page 5
Tuesday,May 16,2000-4:00 p.m.
annual yield due to situation and approve a negative declaration of environmental
impact; motion carried 5:0.
BUSINESS ITEMS continued
6. CITY'S LONG-TERM FISCAL HEALTH.
Finance Director Statler presented the staff report. Consultants Catherine Lew and Richard
Maullin presented an in-depth report on the results of a November 2000 revenue ballot
measure feasibility study. Council questions followed.
Public Comments:
Bill Stone urged the Council to consider the concept carefully and look at the other issues
on the ballot this year.
Gary Fowler voiced opposition to the possible ballot measure.
Carla Sanders compared to Consultant's survey results with results of a 1988 survey and
concluded that growth and development, and traffic congestion are still the most important
concerns.
Richard Schmidt opposed the concept of spending public funds on this activity and argued
that it is manipulative.
—End of Public Comments.—
Council discussion followed.
ACTION: Report received. No support to proceed with a revenue ballot measure for
November 2000 at this time. Staff directed to bring the matter back for
consideration approximately 12 months before the November 2002 election.
Break 9:50 p.m. Reconvened at 10:05 p.m.
7. CITY BIOLOGIST POSITION.
Assistant City Administrative Officer Hamaian, Natural Resources Manager Havlik and
Human Resources Director Slate presented the staff report.
Public Comments:
Richard Kreisa asked the Council to discuss the Natural Resources Inventory separately
from the position of City Biologist. Council agreed to bifurcate the discussion. Dr. Kreisa
voiced support for the recommendation (as modified by deleting "and initial priorities
including the approach to completing the Natural Resource Inventory"),2, 3 an 4." He
argued, however,for greater educational qualifications and summarized recommendations
submitted by members of the Environmental Quality Task Force.
Gary Fowler asserted that the position may not be needed at this time and asked what the
overall cost of the position will be.
Phil Ashlev expressed concerns about the inventory and the qualifications for the biologist.
He argued that the qualifications will yield an apprentice biologist and spoke in favor of the
City Council Meeting Page 6
Tuesday,May 16,2000 -4:00 p.m.
hiring of a fisheries and wildlife biologist. He suggested that the job description be
amended by adding a responsibility to establish habitat protection and management plans.
Ray Belnaa. Land Conservancy, said he supports the position and emphasized that the
timing is right due to the City's recent acquisition of open space.
Patricia Wilmore, SLO Chamber of Commerce, reported that the Board questions the
expenditure mid-year. She proposed that it is fiscally irresponsible at this time and
requested the Council delay approval until after the budget process.
Carla Sanders remarked that open space is a priority and reminded the Council that
protection is a goal set by Council five years ago.
Kurt Kuaper commented in support of the position and Dr. Krejsa's proposed
modifications.
—End of Public Comments—
Council discussion ensued.
Council Member Romero objected to adding this position at mid year,and proposed that the
issue be deferred until the goal setting and budget approval process.
Vice Mayor Schwartz proposed that the employment standards for the position be amended
by adding a qualification that the individual have knowledge of urban and regional
planning. The amendment to the job description was agreed to by a majority of the Council.
ACTION: Moved by Ewan/Marx to 1)approve the establishment of the position of
City Biologist, including its recommended organizational placement and overall
scope of responsibilities as amended. Direct staff to include an appropriation of
$68,800 in the 2000-01 budget to support salary and benefits($48,800 prorated for
nine months),general budget support($11,500)and "one-time"setup costs ($8,500)
necessary for the position. 3) Direct staff to return with a policy resolution that
reinforces the stewardship responsibilities of all City employees relative to major
areas of shared responsibility. 4) Concur with the annual distribution of a
"sustainable city progress report"; motion carried 4:1 (Romero).
8. SECOND AMENDMENT OF THE EXCLUSIVE NEGOTIATING AGREEMENT(ENA)
RELATIVE TO THE PALM STREET/COURT STREET PROJECT AND ADDED
CONSULTANT SERVICES.
City Administrative Officer Dunn pendered- " ov'd " the staff report. There were no public
comments.
ACTION: Moved by Romero/Ewan to 1)authorize the Mayor to execute the Second
Amendment to the Exclusive Negotiating Agreement(ENA)with Chinatown-Court
Street Partners, LLC in order to extend the ENA's term for an additional 45-days. 2)
Appropriate$25,000 from the Unappropriated General Fund balance to fund added
consultant services necessary to complete the negotiations; motion carried 5:0.
COUNCIL LIAISON REPORTS
City Council Meeting Page 7
Tuesday,May 16,2000 -4:00 p.m.
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG)
Council Member Romero provided an overview of the May 3'" meeting of SLOCOG(see
written report on file with the City Clerk). He summarized the draft business plan for a
proposed high-speed rail system,which would provide service between San Diego at the
southern end to Sacramento and San Francisco at the northern end. The SLOCOG and
APCD boards viewed a presentation regarding PLACE'S PLAnnign for Community Energy,
Economic,and Environmental Sustainability) GIS system overlay maps and tentatively
approved the conceptual program. The SLOCOG board endorsed the state-of-the-art
Intelligent Transportation System (ITS). Council Member Romero noted that the City of San
Luis Obispo will receive approximately$250,000 from the Governor's Transportation
Initiative.
INTEGRATED WASTE MANAGEMENT AUTHORITY
Council Member Ewan reported on the May 10`"meeting of the San Luis Obispo County
Integrated Waste Management Authority. Council Member Romero reported that IWMA
recently received approval for a grant that will.utilize ground up tires that can be used as a
protective base on the playground at the Children's Museum. He also reported that he and
Vice Mayor Schwartz attended a tour of the new Materials Recovery Facility(MFR)at the
Cold Canyon Landfill.
AIR POLLUTION CONTROL BOARD(APCD)
Council Member Ewan reported that the APCD will meet on Wednesday, May 17,2000.
PERFORMING ARTS CENTER(PAC)
Council Member Romero reported that the PAC Facilities Committee has reviewed a report
from its consultant to prioritize(on a cost-benefit basis) a series of actions to improve all
facets of operations at the PAC. City Administrative Officer Dunn announced that a joint
meeting of the City Council, PAC Board and the Cal Poly Foundation Board will take place
on June 15"'.
COMMUNICATIONS
TURNING POINT ACADEMY
Mayor Settle announced that he and Vice Mayor Schwartz met with Colonel Neven and his
assistant from Turning Point Academy to discuss issues of mutual concern.
OBISPO BEAUTIFUL
Vice Mayor Schwartz announced that on June 13'at 6:00 p.m. at the Mond a/Club three
"Obispo Beautiful" awards will be presented to the City. Si*buildings- hi five o ec
in the community will be recognized, he added.
There being no further business to come before the City Council,Mayor Settle adjourned the
meeting at approximately 11:30 p.m.to Tuesday,June 6,2000 at 7:00 p.m.in the Council
Chamber,990 Palm Street,San Luis Obispo.
Lee Price,C.M.C.
City Council Meeting Page 8
Tuesday, May 16,2000 -4:00 p rn;
City Clerk
APPROVED BY COUNCIL: 6/20/00
LP:dr -- -
i
,
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JUNE 6,2000-5:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Marx, Dave Romero,Vice
Mayor Ken Schwartz,and Mayor Allen K. Settle
City Staff:
Present: John Dunn, City Administrative Officer; Jeff Jorgensen,City
Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City
Administrative Officer; Arnold Jonas, Community Development
Director; Bill Statler, Finance Director; Ann Slate,Human Resources
Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief;John
Moss, Utilities Director, Mike McCluskey, Public Works Director, Paul
LeSage, Parks and Recreation Director;Wendy George,Assistant to
the CAO; Sue Baasch,Administrative Analyst; Dave Elliott,
Administrative Analyst; Todd Martin,City Arborist; Linda Asprion,
Revenue Manager;Whitney Mclivaine,Associate Planner
BUSINESS ITEM
1. COMMUNITY CENTERITHERAPY POOL NEEDS STUDY.
Parks and Recreation Director LeSage introduced the staff report. Consultants Charlie Knox
and Sara Kocher from the firm of Crawford, Multari, Clark& Mohr provided an in-depth
review of the study and recommendations. Park&Recreation Commission Chair Neville
briefly summarized the response by the Commission to the study.
Public Comments:
Bill Storm spoke in support of the recommendations and urged the Council to make a new
senior center a high priority. He reported that local senior groups will continue to work with
the City,and are willing to help raise funds. In response to Council inquiry, Mr.Storm noted
that seniors need nutrition programs but the current facility is not large enough to
accommodate the program.
---End of Public Comments—
ACTION: Moved by Ewan/Marx to 1)approve the recommendation of the Parks and
Recreation Commission endorsing the Community Center and Therapy Pool Needs
Study. 2) Direct staff to bring this project forward at such time as adequate funding
exists for the community center and 3) Direct staff to move forward with plans for
the therapy pool rear Sinsheimer Pool and the interim solution for the senior center
at the Recreation Center; motion carried 5:0.
Mayor called a break at 6:00 p.m.
City Council Meeting Page 2
Tuesday,June 6,2000-5:00 p.m.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code§54957.6
Agency Negotiators: Ken Hampian,Wendy George, Karen Jenny
Employee Organization: San Luis Obispo Fire Battalion Chiefs'Association
ACTION: City Attorney Jorgensen reported that Council gave instructions to its
negotiators.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code§54957.6
Agency Negotiators: Ann Slate, Karen Jenny
Represented Employees: San Luis Obispo Police Staff Officers Association
Action: City Attorney Jorgensen reported that Council gave instructions to its
negotiators.
PRESENTATIONS
TEEN COMMUNITY SERVICES RECOGNITION
Mayor Settle presented Certificates of Appreciation to 27 San Luis Obispo High School
students recognizing them for the many volunteer hours they have donated to the
community.
SPECIAL OLYMPICS PROCLAMATION
Mayor Settle presented a proclamation to Police Chief Gardiner declaring June 12,2000
through June 13,2000 as Special Olympics Law Enforcement Torch Run Days in San Luis
Obispo.
NATIONAL MANAGEMENT ASSOCIATION (NMA)WEEK
Mayor Settle presented a proclamation to David Hix, NMA President, proclaiming the week
of June 5,2000 through June 9,2000 as National Management Association Week.
PUBLIC COMMENT
Jason Berg,Jeff Zimmerman and Bill Sutton, representing the San Luis Obispo Police
Officers and Firefighters Associations,asked the Council to place an item on the June 20"'
City Council agenda. The item was consideration of placing on the November ballot a
measure(as proposed by the proponents)that would amend the City Charter by adding a
provision for binding arbitration for public safety employees and to do so without a
companion.
Individual Council comments followed;there insufficient support for placing the matter on the
next agenda.
City Council Meeting Page 3
Tuesday,June 6,2000-5:00 p.m.
Gary Fowler.777 Mill Street,expressed concern regarding the red curb painting permit
process. Mr. Fowler expected the City to repaint the curbs on his street and objects to the
present red curb painting policy. Staff was asked to contact Mr. Fowler about his concerns.
CONSENT AGENDA
ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES OF TUESDAY, MAY 16.2000.
ACTION: Continued to 6/20 at staffs request.
C2. SUPPORT FOR TAXPAYERS FOR FAIR COMPETITION.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9045 supporting "The Fair
Competition and Taxpayer Savings Act" Initiative; motion carried 5:0.
C3. LEASE OF BATTERY-POWERED PICKUP TRUCKS.
ACTION: Moved by Romero/Ewan to 1) authorize the City Administrative Officer to
submit a commercial application and execute a lease agreement In the amount of
$78,200 with Barber Ford of Ventura, California to lease five battery-powered for EV
Ranger pick up trucks for three years. 2) Appropriate$75,400 of Petroleum
Violation Escrow Account(PVEA)grant revenue and $4,800 from the
unappropriated balance of the General Fund to a new Capital Improvement Project
account to cover the cost of the lease and the installation of charging stations;
motion carried 5:0.
C4. APPROVAL OF INCREASE IN SELF-INSURED RETENTION FOR LIABILITY
INSURANCE FROM $100.000 TO$250.000.
ACTION: Moved by RomerolEwan to approve increasing the self-insured retention
for liability insurance from$100,000 to$250,000; motion carried 5:0.
C5. SANITARY SURVEY UPDATES AND INTER-AGENCY AGREEMENTS.
ACTION: Moved by Romero/Ewan to approve the request for proposals and inter-
agency agreements for the preparation of two new Sanitary Surveys and five
Sanitary Survey Updates,and authorize the City Administrative to award the
consultant services contract and execute the agreements if the selected consultant
proposal is within the project budget; motion carried 5:0.
C6. AMENDMENT#4 TO THE CITY/COUNTY AGREEMENT FOR PROVIDING WATER
AND SEWER SERVICE TO THE COUNTY AIRPORT.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9046 approving
Amendment#4 to the City/County Agreement for water and sewer service to the
airport,clarifying certain sections of the agreement,expanding the service area,and
transferring ownership and maintenance responsibilities of the airport Lift Station
from the County of San Luis Obispo to the City of San Luis Obispo; motion carried
5:0.
City Council Meeting Page 4
Tuesday,June 6,2000-5:00 p.m.
C7. FINAL PASSAGE OF ORDINANCE NO. 1370 TO IMPLEMENT MILITARY SERVICE AS
PUBLIC SERVICE FOR FIRE MEMBERS OF CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM (CALPERS).
ACTION: Moved by RomerolEwan to grant final passage to Ordinance No. 1370;
motion carried 5:0.
C8. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE
LAND AND WATER CONSERVATION FUND AND FROM THE COASTAL GRANT
RESOURCES GRANT PROGRAM FOR THE PROJECT KNOWN AS THE FOSTER
PROPERTY ACQUISITION.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9047 and Resolution No.
9048 authorizing staff to complete and submit applications for grant monies in the
amount of$100,000 from the Land and Water Conservation Fund,and in the amount
of$150,000 from the State Coastal Resources Grant Program,which would be used
In support of the acquisition of the Foster property in the Irish Hills at the end of
Royal Way; motion carried 5:0.
C9. MEMORANDUM OF AGREEMENT WITH SAN LUIS OBISPO LITTLE THEATRE
CONCERNING PROPERTY AT 630 MONTEREY STREET.
ACTION: Moved by Romero/Ewan to approve a Memorandum of Agreement with the
San Luis Obispo Little Theater regarding provisions of a proposed lease of real
property at 630 Monterey Street for the purpose of constructing a community
theater on the site; motion carred 5:0.
C10. STREET RECONSTRUCTION/RESURFACING—SUMMER 2000,SPECIFICATION NO.
90012B.
ACTION: Moved by Romero/Ewan to 1)approve plans and specifications for"Street
Reconstruction/Resurfacing Summer 2000." 2) Authorize staff to advertise for bids.
3) Authorize the City Administrative Officer to award the contract if the lowest
responsible bid is within the budget amount of$849,812. 4) Authorize the transfer
of$365,000 from the current Pavement Management Plan (PMP) budget to the Santa
Rosa/Monterey/California waterline project budget,Specification No.90151; motion
carried 5:0.
C11. ASSESSMENT OF NEEDS AND THE DEVELOPMENT OF TECHNICAL
SPECIFICATIONS FOR A CITY-WIDE ELECTRONIC DOCUMENT MANAGEMENT
SYSTEM.
ACTION: Moved by Romero/Ewan to approve a Consultant Services Agreement with
@doc in the amount of$17,500 for the purpose of assisting staff with assessing
needs and developing technical specifications for a City-wide electronic document
management system; motion carried 5:0.
APPOINTMENT
Al. JACK HOUSE COMMITTEE APPOINTMENT.
ACTION: Moved by Settle/Schwartz to appoint Greg Dillman to a four-year term
beginning on June 6,2000 to expire on March 30,2004; motion carried 5:0.
City Council Meeting Page 5
Tuesday,June 6,2000-5:00 p.m.
PUBLIC HEARINGS
2. APPEAL OF THE TREE COMMITTEE'S DECISION TO DENY A TREE REMOVAL
REQUEST AT 400 FOOTHILL BOULEVARD.
City Arborist Martin provided the staff report.
Mayor Settle opened the public hearing.
Naomi Wright, appellant,spoke in support of her appeal.
Mayor Settle closed the public hearing.
ACTION: Moved by Romero/Softie to adopt Resolution No.9049 upholding the
appeal of the Tree Committee's decision to deny the removal request and approving
the request to remove a tree at 400 Foothill Boulevard causing undue hardship,with
the condition that the property owner replace the tree with a 24" box tree of a
species acceptable to the property owner and the City prior to the removal and with
all costs to be paid for by the property owner; motion carried 5:0.
3. CONSIDERATION OF A MINOR SUBDIVISION AT 1129 GEORGE STREET(MS/ER/A
57-09).
Associate Planner Mclivaine provided the staff report and responded to questions from the
Council.
Mayor Settle opened the public hearing.
Applicant John Evans, 1136 George Street, spoke in support of the project and noted that
he concurs with the recommended conditions of approval. He responded to questions from
the Council.
Bruce Hilton, 1148 George Street,spoke in support.
Mark Anderson,tenant at 1174 Ella Street,expressed concern about the density proposed.
Mark Lowerison,owner of 1174 Ella Street, stated that he was concerned about the
architectural aspects of the project. He also voiced concern that the applicant is not the
property owner and submitted for the record related correspondence.
Margarita Yin, 1151 Ella Street, expressed concern about the increased density and
potential change in neighborhood character.
Katherine Dollard, 1101 Ella Street, expressed similar concern.
Lisa Lowerison, 1174 Ella Street,asserted that the proposed project will affect property
value.
David Jeffrey, 1128 Iris Street,spoke in favor of approval and suggested Council consider
adding a condition that there be no parking exceptions.
In response to Council inquiry;Applicant John Evans, reported that the escrow is
contingent upon the approval of the project. He cannot obtain financing unless he obtains
approval for the project, however financing is eminent with approval. He said he has no
objection to agreeing to a restriction that no secondary units be added on.
City Council Meeting Page 6
Tuesday,June 6,2000-5:00 p.m.
Mayor Settle closed the public hearing.
City Attorney Jorgensen advised that the packet submitted by Lowerisons relates to a
dispute regarding prescriptive property rights and has no bearing on this issue.
Council agreed to amend the conditions of approval as follows: Add,"Secondary dwelling
units shall be prohibited on lots resulting from this subdivision" Add an W: "No parking
exceptions shall be granted"
ACTION: Moved by RomerolMarx to adopt Resolution No.9050: 1) approving a
mitigated negative declaration; 2) a tentative parcel map with exceptions to the
subdivision and grading regulations; and 3) a use permit to allow an exception to
the reduction of density with slope, based on findings and subject to conditions as
amended; motion carried 5:0.
Break called at 8:50 p.m. At 9:00 p.m.the meeting resumed.
4. ENTERPRISE FUND RATE REVIEWS.
A. 2000 WATER FUND REVIEW.
B. 2000 SEWER FUND REVIEW.
C. 2000 PARKING FUND REVIEW.
D. 2000 TRANSIT FUND REVIEW.
E. 2000 GOLF COURSE FUND RATE REVIEW.
Mayor Settle opened the public hearing. There was no public comment. Mayor Settle
closed the public hearing.
ACTIONS: Moved by Ewan/Schwartz to review and file the 2000 annual water fund
financial review. 2) Conceptually approve the proposed operating program change
request($19,700 in 2000-2001, and $25,700 per year through 2006), and capital
improvement plan request($90,000), pending the June 20,2000, budget review; 3)
review and file the 2000 annual sewer fund financial review. 4) Conceptually
approve the proposed operating program change request($11,300)and capital
improvement plan request($30,000), pending the June 20,2000,budget review; 5)to
review and discuss the worksheet"Changes in Working Capital—Parking Fund"; 6)
to review and discuss the worksheet"Changes in Working Capital—Transit Fund";
7)adopt Resolution No.9051 with the following fees for Laguna Lake Golf Course
effective July 1,2000: Senior/Youth Weekdays$5.75, General Weekdays$7.75,
Weekends$8.50,SeniorlYouth Weekends$6.50,Senior/Youth 10-Play Cards$52.50,
General 10-Play Cards$62.50; and 8) Authorize a General Fund transfer of$171,000
for general government costs and capital improvements; motion carried 5:0.
At 9:09 p.m.the Council adjourned to the Capital Improvement Board meeting.
CAPITAL IMPROVEMENT BOARD
The Council convened as the Capital Improvement Board.
5. ANNUAL MEETING OF THE CAPITAL IMPROVEMENT BOARD.
ACTION: Moved by Romero/Marx to 1) approve the Minutes of the meeting held on
September 21, 1999. 2) Elect officers for the Capital Improvement Board (President
and Vice President); motion carried 5:0.
At 9:09 the Capital Improvement Board adjourned. The Council meeting reconvened.
City Council Meeting Page 7
Tuesday,June 6,2000 -5:00 p.m.
BUSINESS ITEMS
6. CAL POLY MASTER PLAN UPDATE REVIEW AND COMMENT.
Community Development Director Jonas provided the staff report. Linda Dalton, Cal Poly
Vice Provost, indicated that comments received have been very constructive and many will
be incorporated.
Vice Mayor Schwartz urged the University to consider the full impacts of the college on the
community, particularly in the area of housing. Competition for housing is not with Cuesta
College students, as stated in the Plan, but rather with low and moderate income families in
SLO,arm®added. Vice Mayor Schwartz asked Cal Poly to consider the comments
submitted to the City by Residents for Quality Neighborhoods.
Council Member Marx encouraged Cal Poly to begin now to educate students about what it
means to live in a community and urged the University to consider the environmental
impacts to the neighborhoods and the community as a whole when designing and
constructing new facilities and amenities.
Council Member Ewan expressed concerns regarding transit programs and emphasized the
need for creating solutions to traffic impacts.
Vice Mayor Schwartz suggested that comments made by Carla Saunders relative to an EIR
and sound be forwarded as part of the City's comments.
ACTION: Moved by Romero/Ewan to forward recommendations by the City and
correspondence received from the public to Cal Poly for inclusion in the Cal Poly
Master Plan, emphasizing achievement of the Plan's policies and goals through
cooperative involvement with the City and its citizens,and minimization of potential
adverse impacts on the City's neighborhoods and on the community resulting from
University growth or operations; motion carried 5:0.
COUNCIL LIAISON REPORTS
None.
COMMUNICATIONS
UNDERGROUND ELECTRIC SERVICE IN THE DOWNTOWN
City Council Meeting = Page 8
Tuesday,June 6,2000 -5:00 p.m.
Council Member Romero requested that Council direct staff to consider and report back on
two options regarding installation of underground conduit in the downtown. Staff reported
that there are no resources to fund the study and recommended that Council review the
matter during budget discussions, if there is support. Discussion ensued. Staff agreed to
install conduit in the new sidewalk on Higuera Street as part of the bridge replacement
project.
to fuither agreed that the best way to plan for enhanced electrical infrastructure(e.
Erouah
ndult) in the downtown Is through the completion of a long-range electrical servi
aster plan. However,given the Public Works Departments'current workload andorities,such an undertaking should be considered;and if a ro riate further defined Council oal setting for tha 2001-03 Financ al P'an
LEGISLATIVE ISSUES "BRICKS AND MORTARS"
Vice Mayor Schwartz suggested that the City send letters to legislators stating the City's
position on the Educational Revenue Augmentation Fund (ERAF) cap and legislative
issues. Council directed City Attorney Jorgensen to draft the letters.
COUNCIL MEETINGS OF JUNE 15TH
Mayor Settle announced two joint City Council meetings will be held at the Embassy Suites
Hotel on Thursday,June 1511: 1)Joint meeting with the Cal Poly Foundation, Performing
Arts Center Commission and the City Council to begin at noon. 2) Joint meeting with the
seven cities in San Luis Obispo County starting at 7:00 p.m.
LEAGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVISION MEETING
Council Member Romero announced that the next League of California Cities Channel
Counties Division meeting is Friday,June 301i in Moorpark.
OLIVE FRUIT FLY
Mayor Settle announced that the San Luis Obispo County Agricultural Commissioner
reports that the olive fruit fly has been found in the Laguna Lake area. The Commissioner
will keep the City informed of mitigation measures.
There being no further business to come before the City Council,Mayor Settle adjourned the
meeting at 10:10 p.m.to,Thursday,June 151i at 12:00 noon the Embassy Suites in San Luis
Obispo for purpose of meeting in a joint session with Poly Foundation and PAC Board.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 6/20/00
LP:dr