HomeMy WebLinkAbout02/01/2000MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 1, 2000 - 7:00 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; Neil Havlik, Natural Resource Manager; Tim Bochum,
Deputy Public Works Director; Shelly Stanwyck, Economic
Development Manager
PRESENTATIONS
ANNUAL GROUNDHOG JOB SHADOW DAY
ACTION: Mayor Settle proclaimed February 2, 2000 as Annual Groundhog Job
Shadow Day and presented a proclamation to Robyn Hooker from the Educational
Services Department of the San Luis Obispo County Office of Education.
VOTER REGISTRATION WEEK (JANUARY 31sT THROUGH FEBRUARY 7T"
ACTION: Mayor Settle proclaimed the week of January 3155 through February 75" as
Voter Registration Week and presented the proclamation to City Clerk Price.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LABOR NEGOTIATOR, pursuant to Government Code § 54957.6
AGENCY NEGOTIATOR: John Dunn, Ann Slate
UNREPRESENTED EMPLOYEES: Management Employees
City Attorney Jorgensen reported that the Council met in closed session and Council gave
' direction for further negotiations.
City Council Meeting
Tuesday, February 1, 2000 - 7:00 p.m.
Page 2
PUBLIC COMMENT
Sandra Marshall. Executive Director of the Earth Day Alliance, thanked Council for co-
sponsoring the county-wide Earth Day 2000 (Item #C6 on this agenda).
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, JANUARY 18. 2000.
ACTION: Moved by Romero/Ewan to waive oral reading and approve as submitted;
motion carried 5:0.
C2. AWARD OF CONTRACT 879 MORRO STREET RENOVATIOWSEISMIC
ACTION: Moved by Romero/Ewan to 1) authorize the transfer of $173,800 from the
Water Fund's completed Capital Improvement Project (CIP) account to the 879
Morro Street CIP construction account to establish a new total construction budget
of $847,600. 2) Authorize the award of the construction contract for renovation and
seismic strengthening of 879 Morro Street (CIP Specification Number 99229B) to
David Scarry Construction, Inc., of San Luis Obispo, in the amount of $737,000;
motion carried 5:0.
C3. ANDREWS/CONEJO STORM DRAINAGE IMPROVEMENTS, SPEC. 997046.
ACTION: Moved by Romero/Ewan to 1) accept completion of the Andrews/Conejo
Strom Drainage Improvements, Specification No. 997048. 2) Appropriate $18,769
from the unappropriated balance of the General Fund to the project account. 3)
Direct Public Works to record the notice of completion within five days of this
acceptance; motion carried 5:0.
C4. CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE MARSH
STREET GARAGE EXPANSION.
C5.
ACTION: Moved by Romero/Ewan to 1) approve the contract with Harris &
Associates in the amount of $304,600 for construction management services for the
Marsh Street Garage Expansion and authorize the Mayor to execute the contract. 2)
Appropriate $179,600 from the unreserved Parking Fund working capital in order to
fully fund the construction management contract; motion carried 5:0.
TO THE UNION PACIFIC RAILROAD R/W; (ABAN 11 -99).
ACTION: Moved by Romero/Ewan to adopt Resolution of Intention No. 9011 to
consider abandonment, and set a public hearing date for March 21, 2000; motion
carried 5:0.
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City Council Meeting Page 3
Tuesday, February 1, 2000 - 7:00 p.m.
1 C6. EARTH DAY CO- SPONSOR.
ACTION: Moved by Romero/Ewan to approve a request by Earth Day Alliance for co-
sponsorship of county -wide Earth Day activities on April 22, 2000 and waive use
fees for Mission Plaza; motion carried 5:0.
COUNCIL LIAISON REPORTS
Mayor Settle recently attended the League of California Cities Employee Relations Institute.
He shared the highlights with Council and staff.
Council Member Ewan reported on the latest Air Pollution Control District (APCD) meeting.
He noted that the Board passed modifications to Rule 501 resulting in restrictions on the
burning of green waste materials. He also informed Council that the Board is continuing to
monitor potential impacts of proposed new power plants In central California. Additionally,
the Board has authorized funding for monitoring air quality on the eastern border of San
Luis Obispo County.
Council Member Romero attended the Integrated Waste Management Authority (IWMA)
meeting on January W. He advised Council that all cities within San Luis Obispo County
are short of meeting the 50% diversion rate goal established under AB 939. The City of San
Luis Obispo is at a 34% diversion rate. The State Board is due to meet this month to
determine if it will allow consideration of a change in the base year calculation since 1990
was a drought year. Council Member Romero also presented several other items of
interest.
Vice Mayor Schwartz gave a brief overview of the Economic Vitality Commission's (EVC)
president's report of December 1999. He encouraged Council and staff to briefly review it,
especially the sections on revolving loan funds and new business sites.
PUBLIC HEARING
1.
Public Works Director McCluskey presented an in -depth staff report.
Mayor Settle opened the public hearing.
Speakina in support of the extension of Prado Road from South Higuera to Broad Street
(the northerly alignment):
John Spatafore, President of Board for SLO Youth Sports Association
John Stevens, 4308 Wavertree
Mark Buckman, 2350 Lawton
Scoff Lathrop, 1619 LaVineda
Rick May 1635 Knoll
Chris Whitby. 1970 Chorro Street
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City Council Meeting
Tuesday, February 1, 2000 - 7:00 p.m.
Speaking in opposition to extending Prado Road through to Johnson Avenue:
Jeff Brewer, 2253 Johnson Ave
Ann Marie Hall, 2302 Parkland Terrace
Ron Alers, Parkland Terrace resident
Doug Beery Parkland Terrace resident
Beverly Pratt, 2230 King
Janice Hadsell, 3500 Bullock Lane
Garnet/ Halt, 3711 Orcutt Road
Paul Garay. 3821 Orcutt Road
Mary Beth Schroeder, 2685 Wilding Lane
Patti Taylor, 3731 Orcutt Road
Paul Murphy, 3560 Cedar Court
Jay Farrior, 1495 Orcutt
Andrew Wise, 3290 Johnson (and speaking
Jeff Spevack, 2410 Johnson Avenue
Zack Hartlev, 3721 Orcutt Road
Jack Gatz, Johnson/Laurel area resident
on behalf of other neighbors)
Brian Christensen, representing Residents for Quality Neighborhoods (RON)
Speaking in support of the southerly alignment:
Nick Muick (also speaking on behalf of Anne Girard,
Baumberger, Dale Parmenter, Randy Adler, and Dan
Jeanne Anderson, 3580 Bullock Lane
Jon Anderson, 3580 Bullock Lane
Leo Evans, Santa Maria resident
Michael Sullivan, SLO resident
Wayne Gainey, 1850 Viewmont
Speaking in support of all staff recommendations:
Jean Knox, 982 Bougainvillea
Other comments:
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Paul Fiala, Kevin Rollins, Thomas
Long)
Cal Poly student, Christopher Hinds, offered ideas to mitigate environmental impacts to the
contaminated site on Tank Farm Road.
Matt Quaglino, Sacramento Drive property owner, commented that development of his
property is dependent upon Council's decision. He urged the Council to not delay making
their decision.
Eugene Jud. 6855 Leff Street, proposed an alternative southern alignment (see memo to
Council dated February 1, 2000 on file with the City Clerk).
Andrew Merriam, representing three property owners in the Orcutt Area, reported that the
Orcutt Area Specific Plan (OASP) will solve the traffic problems under either scenario. He
asked the Council to make a clear decision tonight and not delay it.
Cayetano Moreno, Los Osos resident, suggested that the Council conduct a survey of the
City to determine if the extension is needed. He expressed concerns about access to
hospitals from the south side of town.
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City Council Meeting
Tuesday, February 1, 2000 - 7:00 p.m.
Page 5
Alexander Henson, Carmel Valley resident and attorney representing the Environmental
' Defense Center, asserted that the City has taken the cart before the horse by considering an
amendment to the General Plan before approving the GASP. Citing particular case law, he
said that the City's Circulation Element of the General Plan is insufficient because it does
not adopt a level of service. He added that there is no analysis of density and suggested
that it is illegal for the General Plan to be controlled by the Zoning Ordinance. In
conclusion, Mr. Hensen stated that he believes the City is liable and may be sued if it
amends the General Plan before approving the specific plans for the Margarita and Orcutt
areas.
Lance Parker, 1108 Poppy, voiced concern that without some connector between Orcutt
Road and Broad Street, Tank Farm Road will turn into a freeway.
Mayor Settle closed the public hearing.
City Attorney Jorgensen responded to comments made by Alexander Henson regarding
potential litigation. He advised the Council that what is before them is clearly a matter of
making a policy decision based upon comments and testimony in support or opposition
and is not driven by any particular legal considerations. He argued that the case cited in
support of a claim that the City's Circulation Element is insufficient is not applicable to the
City of SLO and pointed out that the City's policies (7.1., 7.2 and 7.3) are comprehensive
and supportable. He emphasized that the argument that the Council cannot amend the
Circulation Element has no merit and, further, advised that the Council's decision to
designate Prado Road as a thoroughfare was considered in 1994 as part of the adoption of
the General Plan/Circulation Element and EIR. The environmental review did, in fact, look at
existing conditions in the area and no further environmental review is required, he
concluded.
Council questions to staff followed.
In response to inquiry made by Council Member Romero, Public Works Director McCluskev
reported that neither the School District nor CalTrans have specified a preferred alignment.
Mayor Settle asked staff to comment about the alternative suggested by Mr. Jud. Public
Works Director McCluskey reported that the proposal was rated low during the evaluation
of optimal circulation alternatives.
Council Member Marx asked about the environmental review process and inquired why
staff was recommending approval of the extension through to Johnson at this juncture.
Long Range Planning Manager Mandeville reported that the level of environmental review is
appropriate for the pending policy decision and noted that the reason staff needs direction
now rather than later is because there are four applications pending which will be affected
by the selection of the alignment.
Parks & Recreation Director LeSage answered questions regarding the Damon - Garcia
sports fields.
Lengthy Council discussion ensued.
Council Member Romero voiced objection to extending Prado through to Johnson. He
spoke in favor of the southerly alignment to Broad only. In addition, he suggested that the
1 Council direct staff to move ahead with the Orcutt Road grade separation over the railroad
tracks to provide relief in the Orcutt area.
City Council Meeting
Tuesday, February 1, 2000 - 7:00 p.m.
Page 6
Council Member Marx asserted that a full EIR should be undertaken before deciding the
alignment and that the matter should be referred back to the Planning Commission. She
spoke in favor of the southerly alignment and voiced opposition to extending Prado
through to Johnson.
Council Member Ewan emphasized that the Council should be looking at the whole
community, not just one section of it. He added that he believes the Council is missing an
opportunity to make circulation better throughout town. He indicated support for the
northerly alignment and added that he hopes bicyclelpedestrian access to the sports fields
will be maintained. Vice Mayor Schwartz concurred with Council Member Ewan's
comments.
Mayor Settle expressed support for the extension of Prado Road through to Broad Street.
ACTION: Moved by Romero /Marx to stop the Prado Road alignment at Broad Street;
motion passed 4:1 (Ewan).
ACTION: Moved by SchwartzlEwan to adopt Resolution 9012, as amended; motion
passed 3:2 (Marx, Romero).
Note: Council approved Recommendation #1(A) as modified, by selecting the
northern alignment for the Prado Road extension from South Higuera to Broad
Street; approved Recommendation #1(C) by agreeing that Prado Road between
South Higuera and Broad Street shall remain a "Regional Route" and approved
Recommendation #1(E) approving Negative Declaration associated with the General
Plan Amendment. Council took no action on Recommendations 1(B) and (D), and
Recommendations #2 and #3.
COMMUNICATIONS
Mayor Settle suggested that the meeting of February 15, 2000 be canceled because there are
no public hearings or business items pending.
ACTION: Moved by Ewan/Settle to cancel the meeting of February 15, 2000 due to the
lack of any public hearings and business items; motion carried 5:0. Note: Consent
calendar items will be added to the special meeting (Mid -Year Budget Review) set for
February 29'h.
Council Member Romero reminded Council and staff of the upcoming Channel Counties
Division meeting scheduled for Friday, February 4"' in Solvang. Assemblyman Abel
Maldonado will be the featured speaker.
Council Member Marx asked Council to consider regular meeting dates for the month of
August in anticipation of summer vacation plans. City Clerk Price agreed to contact individual
Council Members and coordinate a suitable August meeting schedule. The matter will come
back to Council at a future date.
BUSINESS ITEMS
2. RESOLUTION REVISING COUNCIL POLICIES & PROCEDURES.
City Clerk Price presented the staff report. 1
City Council Meeting Page 7
Tuesday, February 1, 2000 - 7:00 p.m.
Mayor Settle opened the meeting for public comment.
Carla Sanders remarked that she was pleased to see new language proposed for the
Policies relevant to the municipal advocacy ordinance, but added that she does think it is
enough to enforce the ordinance. She spoke in favor of allowing one or two members to
place an item on the agenda and suggested that agenda titles do not give enough
information to the public and should be expanded.
Richard Kranzdorf urged the Council to change the procedure for placing items on the
agenda and proposed that two members of the Council is sufficient.
Gordon Insley. ECOSLO, commented that Council should consider one member sufficient
to place an item on the agenda.
Mayor Settle returned discussion to the Council.
Lengthy Council discussion ensued regarding proposed changes submitted in writing by
Vice Mayor Schwartz and Council Member Marx (on file with the City Clerk). Modifications
to Chapter 1 proposed by Vice Mayor Schwartz were accepted. Most suggestions
submitted by Council Member Marx were approved. There was no support for amending
Section 1.2.2 of the Policies as it relates to the number of council members it takes to place
an item on the agenda.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9013, as amended,
revising the Council Policies and Procedures; motion carried 5:0.
3. APPROVAL OF AN OPTION TO PURCHASE REAL PROPERTY AT THE END OF
ROYAL WAY FROM JACK AND PAT FOSTER.
A brief staff report was provided. There were no comments from the public.
ACTION: Moved by Marx/Ewan to 1) approve a one -year, $20,000, exclusive option
agreement with Jack and Pat Foster, for the purchase of 154 acres of open space in
three existing lots at a purchase price of $1,150,000, subject to certain financial
arrangements. 2) Approve the advancement of the $20,000 option payment from
the second year appropriation for open space acquisition in the 1999 -2001 Financial
Plan; motion carried 5:0.
4.
A brief staff report was provided. There were no comments from the public.
ACTION: Moved by Marx/Romero to authorize the Mayor to execute the First
Amendment to the Exclusive Negotiating Agreement (ENA) with Chinatown -Court
Street Partners, LLC in order to extend the ENA's term for 90 days; motion carried
5:0.
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City Council Meeting
Tuesday, February 1, 2000 - 7:00 p.m.
There being no further business to come before
meeting at 2:30 a.m. to Tuesday, February 29, 2(
year budget review. Said meeting to be held at
Street, San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 2129/00
LP:dr
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ettle 0journed the
to c9q sider the mid
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