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HomeMy WebLinkAbout08/20/20021 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 20, 2002 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Christine Mulholland, Ken Schwartz, and Mayor Allen K. Settle Absent: Vice Mayor Jan Howell Marx and Council Member John Ewan City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJarnette, Assistant to the City Administrative Officer Mayor Settle presented a proclamation for Fuel Cell Energy Independence Day, September 5, 2002 to John Clinard, Manager for Western Regional Public Affairs Division of Ford Motor Company. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL — 6:45 P.M. Existing Litigation, John Danner v. City of San Luis Obispo Pursuant to Government Code Section 54956.9 City Attorney Jorgensen announced that the Council authorized settlement. PUBLIC COMMENT Gary Fowler, 777 Mill St., extended appreciation to the Public Works Department for replacement of missing street signs and other corrective matters. Residents Pamela Werth, Joyce Woodruff, Willow "Walking Turtle" Kelly and Michele Hicks expressed concerns about pedestrian safety in the Orcutt Area. City Administrative Officer Hampian reported that the Council will receive the Annual Traffic Safety Report in a study session on 9110102 at noon. He invited members of the community to come to the study City Council Meeting Tuesday, August 20, 2002 - 7:00 p.m. Page 2 session, which will examine problems and solutions for intersections throughout the community. I Mary Beth Schroeder complained about neighbors making noise, and voiced concern about the shortage of homes appropriate for families and seniors. Joshua Steinharts shared a vision for the closure of Garden Street Plaza and summarized the merits of the concept. Council Member Mulholland reported that the Cultural Heritage Committee will meet soon to discuss the "Garden Street Makeover" and invited him to participate. City Administrative Officer Hampian added that the Garden Street Makeover is a Council goal and it will eventually come to Council for final action. Sifu Kelvin Harrison reiterated claims of harrassment. CONSENT AGENDA ACTION: Moved by Schwartz/Mulholland to approve the consent agenda as recommended by the City Administrative Officer; motion carried 3:0. C1. MINUTES OF TUESDAY, JULY 16, 2002. ACTION: Moved by Schwartz/Mulholland to waive oral reading and approve as presented; motion carried 3:0. C2. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATEIALTERNATE. ACTION: Moved by Schwartz/Mulholland to designate Mayor Settle as the voting delegate and Vice Mayor Marx as the voting alternate to the League of California Cities Annual Conference; motion carried 3:0. C3. COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT. ACTION: Moved by SchwartzlMulholland to reduce Community Development Block Grant (CDBG) funding for the Oceanaire - Huasna neighborhood improvements by $14,869; motion carried 3:0. C4. SOUTH OCEANAIRE NEIGHBORHOOD CURB, GUTTER, DRIVEWAY AND STREET REPAIR, SPECIFICATION NO. 90322. ACTION: Moved by Schwartz/Mulholland to: 1) approve plans and specifications for "South Oceanaire Neighborhood Curb, Gutter, Driveway, and Street Repair "; 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 engineer's estimate of $800,000; motion carried 3:0. C5. TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2366 (TR 225 -99). A 13 -LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION AT 936 FULLER ROAD: STONE CREEK DEVELOPMENT, APPLICANT. ACTION: Moved by SchwarbJMulholland to adopt Resolution No. 9351 (2002 Series) approving the requested one -year time extension to file the final map for Vesting City Council Meeting Tuesday, August 20, 2002 - 7:00 p.m. Page 3 Tentative Tract Map No. 2366 (City File No. TR 225 -99), based on the findings and subject to all of the original conditions and mitigation measures associated with the tentative map approval; motion carried 3:0. C6. TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2372 (TR 226 -99). A 13 -LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION AT 906 CALLE DEL CAMINOS; DIANE AND MICHAEL BERGANTZ, APPLICANTS. ACTION: Moved by Schwartz/Mulholland to adopt Resolution No. 9352 (2002 Series) approving the requested one -year time extension to file the final map for Vesting Tentative Tract Map No. 2372 (City File No. TR 226 -99), based on the findings and subject to all of the original conditions and mitigation measures associated with the tentative map approval; motion carried 3:0. C7. MODIFY SALARY AND BENEFITS FOR MISCELLANEOUS EMPLOYEES TO PROVIDE A 2.7% AT 55 RETIREMENT FORMULA. ACTION: Moved by SchwartztMulholland to adopt Resolution No. 9353, 9354, 9355, 9356 (2002 Series) with the various City employee groups to provide the 2.7% at 55 Public Employees Retirement System (PERS) formula for miscellaneous employees: 1) approving an addendum to the Memorandum of Agreement (MOA) with the San Luis Obispo City Employees Association (SLOCEA); 2) approving an addendum to the MOA with the San Luis Obispo Police Officers' Association (POA); 3) revising the management pay for performance system for appointed officials, department heads and other management personnel; 4) adjusting the compensation for the City's confidential employees for the period of July 1, 2002 through December 31, 2003; motion carried 3:0. C8. WHEEL LOADER REPLACEMENT, SPECIFICATION NO. 90343. ACTION: Moved by Schwartz/Mulholland to approve a cooperative procurement via purchase order to Quinn Company in the amount of $98,723.63 for one wheel loader; motion carried 3:0. C9. CONSULTANT CONTRACT AMENDMENTS FOR THE MARSH STREET GARAGE EXPANSION PROJECT. ACTION: Moved by SchwartzlMulholland to approve contract amendments for additional materials testing to EarthSystems Pacific ($13,500) and additional archeological services to Applied EarthWorks ($37,500) and authorize the Mayor to award the contract amendments; motion carried 3:0. C10. PALM STREET GARAGE PAINT PROJECT, SPECIFICATION NO. 99858. ACTION: Moved by Schwartz/Mulholland to: 1) approve specifications for Palm Street Garage Paint Project, Specification No. 99858; 2) authorize staff to advertise for bids; 3) authorize the City Administrative Officer to award the contract to the lowest responsible bidder within the engineer's estimate of $70,000; motion carried 3:0. C11, FINAL MAP APPROVAL FOR TRACT 2402, A ONE- LOT, EIGHTEEN UNIT COMMON INTEREST (CONDOMINIUM) SUBDIVISION AT 3051 AUGUSTA STREET (AUGUSTA . STREET PARTNERS, SUBDIVIDER); GRANT AN EASEMENT FOR PRIVATE SANITARY SEWER PURPOSES BY THE CITY. City Council Meeting Tuesday, August 20, 2002 - 7:00 p.m. Page 4 ACTION: Moved by Schwartz/Mulholland to adopt Resolution No. 9357 (2002 Series) approving the final map for Tract 2402 and authorizing the Mayor to execute the subdivision agreement and deed of easement for a private sewer across City property; motion carried 3:0. C12. SINSHEIMER PARK PARKING LOT IMPROVEMENTS. SPECIFICATION NO..9969913. ACTION: Moved by SchwartzlMulholland to: 1) authorize an additional $17,757 from the Sinsheimer Park Master Plan Capital Improvement Project; 2) approve the award and execute a contract with International Pavement Solutions for the Sinsheimer Park Parking Lot Improvements, Specification No. 9969913; motion carried 3:0. C13. CREEK AND FLOOD PROTECTION BUDGET REVISIONS. ACTION: Moved by Schwartz/Mulholland to approve budget revisions relating to the projected loss of $285,800 in creek and flood protection fee revenues in 2002 -03; motion carried 3:0. C14. PREFUMO CREEK SILT REMOVAL, SPECIFICATION NO. 90327. Public Comment: Brett Cross, 1217 Mariner's Cove, spoke suggested the consideration of a more extensive project than recommended by staff to provide greater results for a longer period of time. He proposed that the Council conduct a study session to explore options available to address the issue of siltation. — end of public comment — Council Member Mulholland shared concern that silt and spoils removed may be dumped illegally and asked staff to monitor the contract closely to ensure legal disposal. ACTION: Moved by Schwartz/Mulholland to: 1) approve plans and specifications for "Prefumo Creek Silt Removal, Specification No. 90327 "; 2) authorize staff to advertise for bids; 3) authorize the City Administrative Officer to award the construction contract if the accepted bid is within the budget of $70,000; motion carried 3:0. PUBLIC HEARINGS 1. ORDINANCE PROVIDING 2.7% AT 55 RETIREMENT FORMULA FOR MISCELLANEOUS EMPLOYEES. Risk Manager Jenny presented the staff report and responded to brief questions from the Council. Mayor Settle opened the public hearing. There was no public comment. Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Schwartz to introduce Ordinance No. 1421 (2002 Series ) approving an amendment to the contract between the Board of Administration of Public Employees Retirement System (PERS) and the City of San Luis Obispo to provide 2.7 °/a at 55 retirement formula for miscellaneous members of the retirement system; motion carried 3:0. 1 City Council Meeting Page 5 Tuesday, August 20, 2002 - 7:00 p.m. 2. ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE AND CREATING A PARKING IN LIEU FEE ZONE IN THE DOWNTOWN (OTHER/ER 22 -02). Deputy Director of Community Development Whisenand, Deputy Director of Public Works Bochum, and Associate Planner Corey presented the staff report. Council Member Mulholland mentioned she would not support the recommendation because she objects to the boundary based theory and is concerned that new development will be encouraged, which will exacerbate the parking deficit. CAO Hampian recommended that the Council continue this matter until the 9/3102 evening session, when all members of Council will be present. Council Member Schwartz asked how many members of the audience were present to speak on this issue. There were three individuals and all were willing to come to testify at the next meeting. 3. ACTION: Moved by Settle/Mulholland to continue the public hearing to September 3, 2002; motion passed 3:0. Associate Planner Hook presented the staff report. Mayor Settle opened the public hearing. Mary Beth Schroder, 2085 Wilding Lane, spoke against mixed use zones. Tom Swem and Deborah Holley, Downtown Association Patricia Wilmore, San Luis Obispo Chamber of Commerce Steve Delmartini, 962 Mill Street Dave Romero, 2057 Skylark Lane George Movian, Housing Authority Mayor Settle closed the public hearing. Council Member Schwartz urged staff to include in the Housing Element Update components that will protect historical uses and encourage more housing in the downtown, rather than just looking at ways to preserve housing. ACTION: Moved by Schwartz/Settle to defer action on the amendments and consider Downtown Housing Conversions in the context of the Housing Element Update; motion passed 3:0. The Mayor called a break at 8:28 p.m. Meeting was resumed at 9:33 p.m. 4. REQUEST TO ACCOMMODATE PROPOS SOUTH AREA (DEVAUL RANCH SOUTH I RESIDENTIAL GROWTH MANAGEMENT. City Council Meeting Page 6 Tuesday, August 20, 2002 - 7:00 p.m. Associate Planner Matteson presented the staff report. Mayor Settle opened the public hearing. Roger Tompkins, RW. Hertel & Sons and. representing the applicant, indicated agreement with the staff recommendation. Mayor Settle closed the public hearing. ACTION: Moved by SchwartzlMulholland to adopt Resolution No. 9358 (2002 Series) amending the Residential Growth Management phasing schedule, to allow an additional 16 dwellings in the Irish Hills South area during the current interval, by updating the total number of dwellings allowed and by shitting 11 dwellings from the Margarita Area; motion carried 3:0. BUSINESS ITEM 5. DAMON- GARCIA SPORTS FIELDS DONATION PROGRAM. Parks and Recreation Director LeSage presented the staff report. There were no public comments. ACTION: Moved by Mulholland/Schwartz to authorize staff to pursue field- naming opportunities in exchange for significant financial contributions to the construction of the Damon - Garcia Sports Fields; motion carried 3:0. COMMUNICATIONS t Council Member Mulholland mentioned a letter the Council received from Rochelle Becker requesting the Council support full hearings by the National Regulatory Commission on all contentions filed by SLO community intervenors in the matter of the Diablo Canyon Power Plant (see correspondence on file in the Office of the City Clerk). Unfortunately the deadline for comments has come and gone. Council Member Mulholland referenced a recommendation by the Downtown Association set forth in a memorandum to the Council dated 8119/02 regarding Old Town Parking Districts (see memo on file in the Office of the City Clerk). The Council agreed with the Downtown Association's recommendation that the City begin conducting district surveying at least six months after the opening of the Marsh Street expansion in order to establish a more valid "baseline" of parking impact and provided direction to staff accordingly. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the July 22, 2002 Cultural Heritage Committee meeting. Council Member Mulholland reported on the July 26, 2002 California Men's Colony Advisory Committee meeting. 0 Council Member Mulholland reported on the progress of the ad hoc Mardi Gras committee. City Council Meeting Tuesday, August 20, 2002 - 7:00 p.m. Page 7 Council Member Mulholland reported on the Mass Transportation Committee Special Meeting held on August 20, 2002. Mayor Settle provided a legislative update of the Housing, Community, and Economic Development Policy committee of the LLC that met August 16, 2002. Council Member Schwartz reported on the meeting of the San Luis Obispo Council of Govemments/San Luis Obispo Regional Transit Authority (report on file in the Office of the City Clerk). There being no further business to come before the City Council, Mayor Settle adj rn the meeting at 9:12 p.m. to Tuesday, September 3, 2002, at 4:00 p.m. ' t e Council C ambe 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 9/3/2002 LP:dr 1 1 Lee Price, City Clerk