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HomeMy WebLinkAbout05/20/20031 ROLL CALL: Council Members Present: City Staff: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 20, 2003 - 6:45 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland and Mayor Dave Romero Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Lee. Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; John Moss, Utilities Director; Mike McCluskey, Public Works Director CLOSED SESSION Mayor Romero called the meeting to order at 6:49 p.m. City Attorney Lowell provided the Closed Session announcement, as follows: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code § 54956.9 Worker's Compensation Claim re John Mullin At 6:50, the Council adjourned to Closed Session. At 6:58 p.m., the Council concluded the Closed Session. At 7:00 p.m., the Council convened in Open Session. PRESENTATIONS Mayor Romero presented a proclamation to Don Saagnolo, Regional APWA President. Public Works Director McCluskey and Utilities Director Moss in recognition of National Public Works Week. A presentation of $500 was accepted by the Mayor from members of the Student Counsel at Laguna Middle School for the Irish Hills Boardwalk project. Paul Tuttle. Rotary Club member, was also recognized for facilitating the grant. PUBLIC COMMENT Liz Maruska artist from Los Osos, invited the public to attend the Art Bus II dedication June 10 a— to 12:15 p.m. at the Downtown Transit Center. She clarified that the art was sponsored by Johnson's Art Gallery and Ron's Nursery. Sifu Kelvin Harrison reiterated claims of discrimination and harrassment. City Council Meeting Page 2 Tuesday, May 20, 2003, 6:45 p.m. Gary Fowler. 777 Mill Street, voiced objection to any proposal that would close Broad or Monterey Streets. He also expressed displeasure about the proposed North Area Regional Facility (NARF) project and stated that there are property owners who oppose it. Lastly, he complained about the closure of streets during the 2002 Holiday Parade and noted objection to any plans to close streets in his neighborhood again this year. Mary Beth Schroeder, 2085 Wilding Lane, criticized the Council for its April 15"' discussion about the re- appointment of Jim Lopes to the ARC. CLOSED SESSION ANNOUNCEMENT City Attorney Lowell provided the Closed Session announcement regarding Worker's Compensation Claim re John Mullin, pursuant to Government Code § 54956.9. There was no disclosable action taken. Al. APPOINTMENTS ACTION: Moved by Mulholland/Schwartz to appoint Greg Wilhelm to fill an unexpired term beginning June 2, 2003 and expiring on March 31, 2007; motion carried 5:0. CONSENT AGENDA Council Member Schwartz commented on Consent Item 3. Mary Beth Schroeder commented on Consent Items 5 and 12. Vice Mayor Mulholland pulled Consent item 4 and Consent item 10. ACTION: Moved by Settle/Mulholland to approve the consent agenda as recommended by the City Administrative Officer, with the exception of C4 and C10; motion carried 5:0. Cl. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. POLYBUTYLENE SERVICE REPLACEMENT SPECIFICATION NO. 90372. ACTION: Moved by Settle/Mulholland to 1) Approve plans and specifications for "Polybutylene Service Replacement, Specification No. 90372." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the project budget; motion carried 5:0. C3. STREET RECONSTRUCTION AND RESURFACING PROJECT: SUMMER 2003, SPECIFICATION NO. 90346. City Council Meeting Page 3 Tuesday, May 209 2003, 6:45 p.m. Council Member Schwartz expressed concern about the quality of street repair work completed on upper Monterey Street north of California and suggested that the City not hire the same contractor for this job. Public Works Director McCluskey clarified that the Monterey Street work was a slurry seal project and this project will be street reconstruction. Brief discussion ensued. ACTION: Moved by Settle/Mulholland to 1) Approve plans and specifications for "Street Reconstruction and Resurfacing Project: Summer 2003, Specification No. 90346." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's estimate. 3) Authorize the transfer of funds from previously completed paving projects to the project account; motion carried 5:0. C4. URM BUILDING HAZARD MITIGATION STATUS REPORT. This item was pulled by Vice Mayor Mulholland for questions relating to the State's mandate to upgrade un- reinforced masonry buildings and the City's incentive program. Staff provided background and reported that the Seismic Task Force is committed to bringing the City up to code by the deadlines set by the State and have agreed to work personally with property owners to encourage compliance. Council Member Schwartz spoke in support emphasizing that the City should use a stronger tone in a letter drafted by staff to send to property owners encouraging compliance. He asked the Council to accept his proposed changes to the letter as outlined In a memo to the Council (see memo on file in the Office of the City Clerk). Chief Building Official Baasch mentioned that members of the task force have reviewed the suggested changes and have no objections. The Council unanimously approved the modifications to the letter. Public Comment: Gary Fowler. 777 Mill Street, asked for clarification about the amount of money set aside for the program and expressed concern about the safety of the doors at Fire Station #1 in the event of an earthquake. —end of public comment— ACTION: Moved by SchwarttrtEwan to accept and file the report; motion carried 5:0. C5. NEW BISHOP WATER TANK, SPECIFICATION NO..90232A. Mary Beth Schroeder. 2083 Wilding Lane, complained that the water pressure in the neighborhood It too low and asked if approval will help. Mayor Romero indicated it would not but explained that the larger tank will provide greater protection in the event of fire. ACTION: Moved by Settle/Mulholland to 1) Authorize staff to advertise for proposals from design consultants. 2) Authorize the City Administrative Officer to award the design services contract if the selected proposal cost is within the estimated fee of $160,000; motion carried 5:0. C6. CANCELLATION OF THE AUGUST 5.2003 REGULAR CITY COUNCIL MEETING. ACTION: Moved by Settle/Mulholland to cancel the Regular City Council Meeting of Tuesday, August 5, 2003; motion carried 5:0. C7. JOB ORDER CONTRACTING (JOC) IMPLEMENTATION. City Council Meeting Tuesday, May 20, 2003, 6:45 p.m. Page 4 ACTION: Moved by Settle/Mulholland to 1) Authorize staff to advertise for bids for a unit -price contract that has a tern of one year, extendable for two additional years. 2) Authorize the City Administrative Officer to award the contract to the lowest responsible bidder; motion carried 5:0. C8. PURCHASE MIOSSI ROAD WATERLINE EASEMENT. ACTION: Moved by Settle/Mulholland to approve the easement agreement and authorize the purchase of the Miossi Road waterline easement in the amount of $30,000 to provide for the eventual construction of a waterline replacement project, and authorize the transfer of $1,000 to the project account for miscellaneous project related expenses; motion carried 5:0. C9. ADOPTION OF ORDINANCE NO. 1436 AMENDING MUNICIPAL CODE CHAPTER 10.56 PERTAINING TO SPECIAL SPEED ZONES. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1436 (2003 Series), amending Chapter 10.56 of the San Luis Obispo Municipal Code; motion carried 5:0. C10. AMENDMENT #6 TO CITY /COUNTY LIBRARY JOINT POWERS AGREEMENT. Vice Mavor Mulholland pulled this item to propose that the City contribute $15,000 per year to the Library, as opposed to the $10,000 recommended in the staff report. Discussion ensued. ACTION: Moved by Mulholland/Schwartz to 1) Approve an amendment to the City/County Library Joint Powers Agreement, as amended: a) approving the reduction of hours of operation, including the discontinuation of Wednesday evening service as proposed by the County Library, b) discontinuing City funding for Wednesday evening hours, and c) allocating $14,000 per year to be used for general operating costs associated with the provision of library services at the City/County Library and 2) Authorize the Mayor to execute the agreement; motion carried 4:1 (Settle). C11. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT 2289, A 51 -LOT RESIDENTIAL SUBDIVISION AT FULLER RD. AND LARKSPUR STREET: R.W. HERTEL AND SONS, INC.. SUBDIVIDER. — (CONTINUED FROM MAY 6, 2003). ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9453 (2003 Series) accepting the public improvements, releasing bonds for Tract 2289; motion carried 5:0. C12. JUVENILE ACCOUNTABILITY GRANT PROGRAM. Mary Beth Schroeder. 2085 Wilding Lane, spoke in favor of the recommendation. ACTION: Moved by Settle/Mulholland to 1) Approve Juvenile Accountability Incentive Block Grant ( JAIBG) Application Submittal to the State Office of Criminal Justice Planning. 2) Renew participation in the JAIBG program by accepting the JAIBG grant award In the amount of $7,870. 3) Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. City Council Meeting Page 5 Tuesday, May 20, 2003, 6:45 p.m. BUSINESS ITEM . 1. ANNUAL REPORT ON THE GENERAL PLAN FOR 2002. Community Development Director Mandeville and Deputy Director Draze presented the staff report. In response to an earlier inquiry from the Mayor, staff reported on accomplishments in the area of transportation network improvements, which were not included in the report. There was lengthy Council discussion about the issue of large medical offices. Public Comments Mary Beth Schroder, 2085 Wilding Lane, spoke in opposition to promoting medical offices near the airport because she believes they are more appropriately located near a hospital. Gary Fowler. 777 Mill Street, suggested that the City discuss with the County its plans for re- use of General Hospital upon it closure because of pontential impacts to the City. —end of public comments— Vice Mayor Mulholland expressed concern about the average growth of non - residential versus residential and noted some discrepancies about words like "should" and "will ". In addition, she suggested that the Council consider setting limits on non - residential floor area. CAO Hampian explained that this has come up in the past and the Council has chosen to not change current policy, but rather to continue to monitor growth. He added that there appears to be some slowing down of commercial growth. Council Member Settle commented that he would not be interested in restricting commercial development, Mayor Romero agreed. Council Member Ewan voiced a desire to explore how jobs have changed in the City over the past five years. Community Development Director Mandeville explained that the job - housing balance is based on the General Plan Land Use Map and it is appropriate to review that issue when land uses are changed. More discussion ensued about medical office uses. Council Member Settle suggested that staff contact land owners of planned developments in the airport area and let them know that the Council would be receptive to considering applications to expand the list of uses to include medical offices. in those areas. Council Member Schwartz disagreed with this idea advocating that more staff study is needed. He added that he is not confident that designating the airport area is the most appropriate place in the community to locate medical offices. Vice Mayor Mulholland noted that there are other areas in town that would also be suitable. Community Development Director Mandeville reminded the Council that the biggest problem for medical facilities is the ability to provide adequate parking. Council asked that the Report be revised to include the list of transportation network improvements and that the format of the Annual Report be amended by adding this information as a regular part of the Report. In addition, other suggestions for revising the Report were accepted, Including the addition of a brief discussion about the Impact on the City, it's planning area and the General Plan by decisions made by outside agencies, such as the San Luis Obispo Council of Governments, San Luis Obispo Regional Transportation Authority, State Department of Housing and Community Development, San Luis Coastal School District, the County of SLO, Cal Poly, Cuesta, the California Men's Colony, and Caltrans. Additionally, staff was directed to change "should" to "shall" in the Report to be consistent with the General Plan as it relates to growth management, City Council Meeting Tuesday, May 20, 2003, 6:45 p.m. Page 6 and further, to modify Table 4 for greater clarity and understanding of the Information about residential growth. ACTION: Moved by Settle/Ewan to accept the Report as amended; motion carried 5:0. ACTION: Moved by Settle/Ewan to directed staff to notify land owners of planned developments in the airport and Tank Farm Road area (generally south of the sports fields) and the medical community that the City would be receptive to considering applications to expand the list of uses to include medical offices in those areas; motion carried 4:1 (Schwartz). By mutual agreement, the Council also directed staff to explore, with the local medical community and Chamber of Commerce, the needs and location preferences for medical office uses, and further, to determine N the needs of medical offices are unique or different from those of office uses, in general. COUNCIL LIAISON REPORTS Mayor Romero presented a memo regarding the Mayor's Youth Task Force (on file in the Office of the City Clerk). Mayor Romero presented a memo regarding the Economic Opportunity Commission Meeting on May yon file in the Office of the City Clerk). Vice Mayor Mulholland reported on the Jack House Committee meeting of May le and the Student Community Liaison Committee meeting on May 15th. Council Member Schwartz reported on the San Luis Obispo Council Of Governments/San Luis Obispo Regional Transit Authority meeting on May 7th and the Downtown Association meeting on May 13 . Council Member Settle, as the Council's voting delegate, reported on his attendance at the LCC Legislative Action Days in Sacramento on May 15th and commented on the State's Budget — May Revise (see memo on file in the Office of the City Clerk). Council Member Schwartz announced that there will be a stormwater workshop offered in San Luis Obispo on Friday, June 20th, and suggested it would be appropriate to have staff attend. There being no further business to come before the City Council a or omer adjourned the meeting at 10:27 p.m. to Thursday, May 22, 2003 at 7:06 p. the un ' hamber, 990 Palm Street, San Luis Obispo. n Lee Prices City Clerk APPROVED BY COUNCIL: 6WO03 LP:jo