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HomeMy WebLinkAbout07/01/1997MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 1, 1997 - 7:00 P.M. ' COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor Bill Roalman, and Mayor Allen Settle City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Ann Slate, Director of Personnel; John Moss, Utilities Director; Mike McCluskey; Public Works Director, Paul LeSage, Parks and Recreation Director; Bart Topham, Administrative Police Captain; John Mandeville, Long Range Planning Manager; Neil Havlik, Natural Resources Manager; Jeff Hook, Associate Planner; Wendy George, Assistant to the CAO; Diane Sheeley, Economic Development Manager. PUBLIC COMMENT PERIOD PC1. There were no public comments. CONSENT AGENDA Council removed item C9 from the consent calendar at the request of a member of the public. Council Member Romero registered a no vote on item C12. Moved by SmitiURoalman to approve the Consent Agenda as recommended by the City Administrative Officer, with the exception of item C9; motion carried (5-0). C1. COUNCIL MINUTES Council considered the minutes of: Thursday, May 22, 1997 @ 10:30 a.m.; Tuesday, June 3, 1997 @ 6:30 p.m.; Tuesday, June 3, 1997 @ 7:00 p.m.; Tuesday, June 17, 1997 @ 6:30 p.m.; and, Tuesday, June 17,1997 @ 7:00 p.m. Moved by Smith /Roalman to waive oral reading and approve minutes as amended; motion carried (5 -0). C2. ENGINEERING STANDARDS (File No. 508) Council considered adopting revised Engineering Standards for construction projects. Moved by Smith/Roalman to adopt Resolution No. 8687 Engineering Standards; motion carried (5- 0) City Council Meeting Tuesday, July 1,1997- 7:00 p.m. Page 2 C3. RESERVOIR #1 LINERIFLOATING COVER REPLACEMENT (File No. 97-51) Council considered project specifications for "Reservoir Number One Floating Cover /Liner I Replacement, Spec. No. 9751," estimated to cost $341,500 including contingencies. Moved by Smith /Roalman to approve project specifications, authorize staff to advertise for bids, and CAO to award the contract if the lowest responsible bid is within budget; motion carried (5 -0). C4. ANIMAL SERVICES AGREEMENT (File No. 761) Council considered an agreement with the County in the amount of $53,400 for Animal Control/Spay Neuter Services for FY 1997 -98. Moved by Smith/Roalman to adopted Resolution No. 8688 authorizing the Mayor to sign the agreement; motion carried (5-0). C5. FINAL MAP - TRACT 2248 (File No. 410) Council considered approving the final map for Tract. 2248, a 16 -lot subdivision at Broad and El Capitan (850 El Capitan Way); Kelly Gearhart, subdivider. Moved by Smith/Roalman to adopt Resolution No. 8689 giving final map for Tract 2248, accepting grant deed for Lot 15 for open -space and drainage purposes, and authorizing the Mayor to execute the subdivision agreement; motion carried (5 -0). C6. REGULATION OF TOBACCO PRODUCTS (File No. 703) Council considered giving final passage to an ordinance restricting the display of tobacco products for the purposes of sale and prohibiting the sale of tobacco products to minors. Moved by Smith /Roalman to give final passage to Ordinance No. 1325; motion carried (5 -0). C7. LEAVE OF ABSENCE - CULTURAL HERITAGE COMMITTEE (File No. 123) Council considered a request by a CHC member for a 12 -month leave of absence beginning in July 1997. Moved by Smith/Roalman to deny the leave request and keep former member's application on file for consideration for future advisory body openings; motion carried (5 -0). C8. SURPLUS CITY PROPERTY (File No. 167) Council considered declaring certain Public Works and Police Department vehicles and equipment as surplus property and disposal in accordance with the City's surplus property policy. Moved by Smith /Roalman to adopt Resolution No. 8690 declaring equipment as surplus property; motion carried (5 -0). C9. DIABLO CANYON DEPRECIATION (File No.) Council considered a resolution in support of San Luis Obispo County and San Luis Coastal Unified School District's effort to obtain relief from loss of revenue due to P.G. & E. accelerated depreciation of Diablo Canyon. Pat Mullen. PG&E Representative, 1488 Smith Court, stated that the resolution is not balanced and does not take into consideration the broader benefits of deregulation. He presented a letter with suggested wording to revise the resolution and asked Council to defer their action until after the City Council Meeting Tuesday, July 1,1997- 7:00 p.m. County-wide Mayors' meeting in August Vice Mayor Roalman noted that he supports the current resolution The Council agreed by consensus to defer action until the Mayors' meeting in August. C10. ENHANCED PROMOTIONAL FUNDS (File No. 1054) Page 3 Council considered of a Promotional Coordinating Committee (PCC) recommendation to allocate the remaining $7,104 of Enhanced Promotional Funds to extend newspaper advertising in the San Jose /San Francisco Bay areas. Moved by Smith /Roalman to approve PCC recommendation; motion carried (5 -0). C11. RECYCLING MARKET DEVELOPMENT ZONE (File No. 482) Council considered reaffirming the City's intention to participate in the Central Coast Recycling Market Development Zone. Moved by Smith/Roalman to adopt Resolution No. 8691 reaffirming participation; motion carried (5- 0). C12. COUNTY ZONING ACTIONS OUTSIDE URBAN RESERVE LINE (File No. 413) Council considered a request to the County to rescind its recent designation of an additional 300 acres from agricultural to industrial land south of the City's urban reserve line, outside the Airport Area. Moved by Smith/Roalman to authorize Mayor to sign letter stating request; motion carried (4 -1, Romero opposed). C13. IFB - POLICE PATROL SEDANS (File No. 98 -00) Council considered approving an Invitation for Bids for "11 Police Patrol Sedans," Specification No. 98 -00, estimated to cost $280,000. Moved by Smith /Roalman to approve IFB, authorize staff to advertise for bids, and authorize City Administrative Officer to award a contract if the successful bid is less than $280,000; motion carried (5 -0). COUNCIL LIAISON REPORTS CLR1. Council Member Williams announced BIA events, including "Taste of SLO" on September 9`", Concerts in the Plaza and the upcoming opening of the Prado Day Center. CLR2. Council Member Romero attended the Channel Counties meeting and reported on the adoption of two resolutions regarding the State - mandated Waste Diversion program. He reported that he gave a presentation about the City of San Luis Obispo's downtown at the recent Local Government Commission Seminar in San Diego. APPOINTMENTS ; Al. CITY REPRESENTIVES TO JOINT CITY /COUNTY PROCESS (File No.) Council considered designating Vice Mayor Bill Roalman and City Administrative Officer John Dunn as the City's representatives to the Joint City/County process for development of a financial City Council Meeting Tuesday, July 1,1997- 7:00 p.m. Page 4 source for road /transportation purposes. Moved by Williams /Smith to appoint Vice Mayor Roalman and CAD Dunn, with respective alternates Council Member Romero and ACAO Ken Hampian; motion carried (5 -0). PUBLIC HEARINGS 1. SIDEWALK SITTING ORDINANCE (File No. 477) Council held a public hearing to consider an ordinance with respect to persons sitting on public sidewalks and walkways within the Downtown Parking and Business Improvement Area. City Attorney Jorgensen presented the staff report, giving details of the ordinance. Mayor Settle opened the public hearing. Deborah Holley, BIA Administrator, spoke in favor of the proposed ordinance, stating that the Downtown merchants support it as a tool to help the Downtown officer do his job. Keith Hamilton, 1118 Garden St., store owner, spoke in support of the proposed ordinance. Jim Sargen, 570 Marsh, spoke in favor of the ordinance, stating that benches and parks are available for people to sit down. Jeff McKeegan, Los Osos, owner of Marshall's Jewelers, spoke in support of the ordinance, stating that some of the people who sit in front of his store present a problem by being rude, littering and vandalizing the store fronts with graffiti. Marshall Rose, Executive Director of the Downtown Organization in Santa Barbara, presented details of the Santa Barbara ordinance and offered his assistance in answering questions about his city's experience before and after their ordinance was passed. Brett Weaver, SLO, Downtown business owner, spoke in support of the proposed ordinance. Pierre Rademaker. 738 Higuera, President of the BIA Board, stated that the BIA supports the ordinance as a legal tool to promote safety on the sidewalks. He noted that he personally supports pursuing improvements to the Garden Street area to create a more pedestrian friendly environment. Dennis Johansen, SLO, Campus Camera owner, stated that he supports the ordinance, and as a business owner it is an economic issue for him. He referred Council to a letter he submitted prior to the meeting. At the request of Council Officer Tim Hedges, Downtown Officer, clarified that the 1100 block of Broad Street and throughout Higuera Street, particularly the 800 block, are other areas besides Garden Street where sitting on the sidewalk causes a problem. Hank Alberts, 544 Pacific Street, spoke in opposition to the ordinance, stating that it is usually only necessary to ask a person to move. He stated that bicycles, skateboards and dogs are more of a problem than people sifting on the sidewalk. Steve McGrath. SLO, spoke in opposition to the proposed ordinance, stating that a more creative solution should be used to address the situation. Margaret McGrath, SLO, stated that people should be allowed to sit on the sidewalk, but should be required to get up to allow pedestrians to pass. City Council Meeting Page 5 Tuesday, July 1,1997- 7:00 p.m. Shelly Stanwyck, Director of Governmental Affairs. for the SLO Chamber, spoke in support of the ordinance. Janet Betty, SLO, spoke in opposition to the ordinance, stating that sidewalk sitting is a non - issue. Harold Hallikainen, SLO, asked that the staff reports be placed on the World Wide Web and spoke in opposition to the ordinance. Carl Callaway, SLO, stated that the proposed ordinance is absurd. Brett Cross, 1217 Mariner's Cove, spoke in opposition to the proposed ordinance, but asked Council to work to make Garden Street more pedestrian friendly. Richard Kreisa, agreed with Hank Alberts' comments, speaking in opposition to the proposed ordinance. Chad Kanter, SLO, spoke in opposition to the proposed ordinance. . Kathryn Keller, 862 Islay, spoke in opposition to the proposed ordinance. Mayor Settle closed the public hearing. After discussion, moved by Williams /Romero to introduce the ordinance to print amending title 12 of the City's Municipal Code to include a new chapter (12.06) with respect to sitting on public sidewalks and walkways within the downtown; motion failed (2-3, Roalman, Smith, Settle ' opposed). 2. RECREATION FEES (File No. 109) Council held a public hearing to consider retaining the Children's Services hourly fee at 1996 -97 level of $2.301hour and reducing the daytime use fees at the Recreation Center and Meadow Park fees to be equal to Library Conference Room use fees for 1997 -98 of $16.9513 hours Non - Profit and $26.5013 hours commercial. 1 Parks & Recreation Director LeSage presented the staff report Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing. After discussion, moved by SmithWilliams to adopt Resolution No. 8692 retaining the Children's Services hourly program fee at the 1996 -97 level and reducing daytime use fees at the Recreation Center and Meadow Park; motion carried (5 -0). COMM1. DOWNTOWN STREET SWEEPING Council Member Romero asked Council if there is an interest in directing staff to look at options of ways to increases the street sweeping. Council concurred with the suggestion. BUSINESS ITEMS 3. PROMOTIONAL CONTRACTS (File No. 1054) Council considered the 1997 -99 Promotional Program. City Council Meeting Page 6 Tuesday, July 1, 1997 - 7:00 p.m. Assistant CAO Hamoian introduced the item, explaining the details and reasoning behind the staff recommendation. Patty Brown, PCC Chair, presented the PLC's recommendation, detailing the plan to increase tourism for the area. She gave an overview of the four specific contracts proposed by the PCC. At the request of Council, Dave Garth. Chamber President, addressed the costs of keeping the Chamber Visitors' Center open in the evenings throughout the year. Assistant to the CAO George explained how the staff recommendations were calculated. She stated that increasing the contract with Barnett, Cox & Associates will allow increased advertising that is targeted directly at the City of SLO. She outlined some of the programs that have been sponsored by the PCC in the past Sandy Baer. PCC Vice Chair and Marketing Chair, clarified that the committee unanimously voted for the PCC recommendation being presented tonight. Mayor Settle opened the floor for public comment. Jonni Biaggini. Executive Director of the SLO VCB, stated that allocating funds to the VCB does not duplicate the efforts of the Chamber of Commerce. She stated that the VCB works in concert with Barnett & Cox and the Chamber in their efforts, and thereby maximizes the dollars spent. Carol Ann Lockarv, PCC Member, spoke in support of the PCC recommendation. Jim Sargen, 570 Marsh, stated that because the funds are limited, he endorses the staff proposal. Praina Patel, 2050, Garfield, Days Inn owner, asked Council to consider the source of the funding, 1 the TOT tax, and the reasons for using specific agencies to promote the town. She stated that the VCB has helped her advertise her business, and she needs that help to compete. Cindy Binkele, Best Western Hotel, spoke in favor of the PCC recommendation, and voiced her confidence that the Council will act in the best interest of the community. Robert Griffin. SLO Chamber of Commerce, stated that the money could be spent more effectively to increase direct promotion for the City. He stated that the Chamber supports the staff recommendation. Bob Davis, Apple Farm owner, spoke in support of spending more money on advertising and to allocate $50,000 per year for enhanced promotional funds. Gordon Jackson, SLO, spoke in support of increasing the advertising funds in order to increase tourism. He stated that he is discouraged that the funding is dropping. Assistant to the CAO George clarified that the total amount of funding being recommended by staff is an increase of 3% per year, not a decrease. Jack Gates, former PCC Member, stated that during an economic upturn is the time to increase tourism dollars and spoke in support of the PCC recommendation. Bill Pvaer, PCC Member, spoke in support of the PCC recommendation. Mike Rader. SLO, American Eagle Airlines, spoke in support of the PCC recommendation. Terry Rev, Cuesta Motor Inn, asked Council to increase the tourism dollars and supported the PCC recommendation. City Council Meeting Tuesday, July 1,1997- 7:00 p.m. Page 7 Mayor Settle returned discussion to the Council. During discussion, Council Members concurred that they would like to keep an option open to allocate more funds for enhanced promotion if creative ideas comes forward during the budget year. After discussion, moved by Williams /Roalman to maintain the amount budgeted in the 1998 -99 Financial Plan for Community Promotions of $661,100, reallocated as follows: 1) Return VCB contract to its more historic base level and approve contract in the amounts of $58,700 for 1997 -98 and $60,400 for 1998 -99; 2) reduce Enhanced Promotional Funds to $50,000 total for the two fiscal years; and, 3) reallocate the savings from Recommendations 1 and 2 to: (A) support the recommended increase in service hours at the Visitors' Center; and (B) increase direct City advertising services beyond the PCC recommendation, with contracts .with BCBA in the amounts of $136,250 for 1997 -98 and $140,450 for 1998 -99; motion carried (5 -0). Mayor Settle called a recess at 9:45 p.m., then reconvened the meeting at 9:55 p.m. 4. PUBLIC ART PROGRAM (File No. 478) Council considered Art in Public Places Program status and funding, including a possible mandatory "percent for art" program...:. Associate Planner Hook presented the staff report. Mayor Settle opened the floor for public comment. Joanne Ruggles, 724 Patricia Drive, spoke in favor of the 1% for public art program and asked the ' City to begin to accumulate funds for the purpose of purchasing public art. Betty Schetzer, 225 Almond, spoke in favor of the public art program. Diane Hull SLO, stated that while she is in favor of public art, she does not favor funding by new development. She encouraged Council to look for creative ways to fund public art, and she offered to donate any piece of art she has in her home for public viewing. Torre Houlgate -West, SLO, spoke in favor of the public art program, but said that she supports funding from the general fund rather than the 1% development fee. Paula Zima, SLO, spoke in favor of a public art program. Allen Root. SLO, submitted a letter (read by Jeff Bague) in favor of the public art program. Jeff Bague, 697 Higuera St., Chair of Art in Public Places, spoke in favor of the public art program. Gail Johnson, 547 Marsh St., spoke in favor of the public art program, but stated that an increase in sales tax should be considered for funding the program. Mayor Settle returned discussion to the Council. After discussion, moved by Smith/Williams to authorize staff to, 1) designate a staff public art coordinator; 2) include additional incentives to encourage public art; 3) seek community input on a possible expanded Arts in Public Places Program to include a mandatory percent -for- art requirement for privately- funded development projects; and, 4) report back to City Council in one year on program effectiveness; motion carried (5-0). By concurrence, Council gave-direction to staff to research additional possible sources of funding from and bring the matter back for consideration in 60 days. City Council Meeting Tuesday, July 1,1997- 7:00 p.m. Page 8 5. PUBLIC SAFETY PROJECT (File No. 721) Council considered approving contracts with Spillman Data Systems, The Warner Group, Simplex Time Recorded, and attendant implementation costs for Public Safety Computer Aided Dispatch Records Management System (CAD -RMS). Administrative Police Captain Topham presented the staff report. Mayor Settle opened the floor for public comment, and having no requests to speak, returned discussion to the Council. After discussion, moved by Smith /Roalman to approve and authorize the Mayor to execute the contracts, and authorize the City Administrative Officer to approve necessary contract amendments, as needed, up to the remaining approved project budget of $562,500; motion carried (5 -0). 6. EXCLUSION OF AIRPORT IN AREA ANNEXATION (File No. 441) Council considered the effects of the County's request to exclude the county Airport from eventual annexation to the City and alternate means to accomplish City goals in the Airport area. Community Development Director Jonas presented the staff report, and Long Range Planning Manager Mandeville presented details. Mayor Settle opened the floor for public comment. Diane Hull, SLO, stated that it is highly doubtful that the airport will be included in the annexation 1 because of the recent vote by the County Board of Supervisors. She addressed changing the Urban Reserve Line by creating an alternate planning area and getting the property owners involved with the specific plan. Mayor Settle returned discussion to the Council. After discussion, Council agreed by unanimous consensus to direct staff to provide the Airport Area Specific Plan consultant with more specific direction regarding the evaluation of alternative annexation boundaries; motion carried (5 -0). COMMUNICATIONS Mayor Settle reported that the San Luis Coastal School District Board recently took action denying the City's request to defer the a portion of funding for joint use of school recreational facilities. ADJOURNMENT There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11 :25 p.m. to Tuesday, July 8, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 7h5/97 BG:dr BQ7#inie L. Ga , City Jerk