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11/07/1995City Council Meeting Tuesday, November 7, 1995 - 9:00 a.m. Page 2 Mayor Settle opened the meeting for comments from the public. Tom Fulks, SLO Regional Rideshare Program, thanked Police Chief Jim Gardiner for his support of the Safe Ride Home program. He referred to Boulder, CO as an example.of programs dealing with parking problems by creating parking rather than building more parking using alternative transportation. Research is available to the BIA and Council through Regional Rideshare. John Ewan, Transportation Management Association, expressed the need in downtown for alternative transportation. Mike Spangler invited the "alternative transportation" people to meet with the BIA over the parking problem. Craig Anderson. SLO, spoke regarding his concern about the high cost to the taxpayers of a new parking structure, and expressed concern that the parking meetings were not better noticed. Mark Schafer, Director of Ride On Transportation Management Association, stated the goal of this process should be to get more people downtown and not more vehicles. He suggested that downtown employers and employees use alternative transportation. Bill Thoma, President of the Chamber of Commerce, stated that a new parking structure is needed now, that there needs to be a short-term and long-term plan that involves both a new parking structure and the use of alternative transportation. Larry Allen. Air Pollution Control District, expressed concern about the lack of notification of the parking meetings. He stated that a parking structure would encourage more vehicles downtown and that this would affect air quality, and that studies are needed per the City's Circulation Element. Jeff Lange. ECOSLO, expressed concern that all options be assessed before building a new parking structure. Pat Veesart, Chairman, Sierra Club Alternative Transportation Task Force, urged BIA/Council to follow the Circulation Element and consider alternative transportation. Tammy Jo Taylor. SLO, expressed support for alternative transportation and concern about gangs In the City. Rick Porter, business and property owner in SLO, speaking for other owners downtown, expressed concern about urban sprawl and keeping downtown a nice place, and the need for more parking. Mayor Settle returned the discussion to the Council and BIA Board. After discussion, moved by Romero/Williams to approve Process Two: amend current policy and expand Marsh Street Garage and buy Wells Fargo Site, Including the retention of the contract project manager; motion carried (41, Council Member Roalman voting no). Moved by Romero/Williams to direct staff to work with BIA to fornat a possible study of alternative forms of transportation as it relates to the parking structures; motion carried (5-0). 3. HOMELESS KITCHEN RELOCATION 1 Council considered BIA level of participation, goals, concerns, and current status of Homeless Kitchen relocation. Jim Gardiner reviewed his memorandum and the Homeless Operations/Program Budget. City Council Meeting Tuesday, November 7, 1995 - 9:00 a.m. Page 3 Peter Terhune expressed concern that the BIA and Chamber of Commerce would be expected to provide on -going funds for the Homeless Kitchen, and that the BIA and Chamber of Commerce would be able to pledge support with donations of materials, supplies, operational support, etc. at best. Bill Thoma pledged support for the Homeless Kitchen on behalf of the Chamber of Commerce, but agreed with Mr. Terhune that on -going funding was not within their capabilities. 4. DOWNTOWN CLEAN -UP PROJECT Council considered the Downtown Clean -up Project. Deborah Holley, BIA Administrator, reported on downtown clean -up priorities: lighting of Gum Alley, increased security in this area, permanent rest rooms in this area, and actual clean -up of trash. Discussion ensued. Council Member Romero recommended that staff be directed to study the possibility of lighting in Gum Alley. Deborah Holley recommended that staff be directed to study the street cleaning problem. Council directed staff to study lighting possibilities in Gum Alley, and to study the downtown street ' cleaning problem. S. OTHER ITEMS OF CONCERN AND INTEREST Council considered the list of projects that are on -going in the downtown area, presented by Mike McCluskey. Public Works Director. John Dunn reported a hazardous materials spill on Madonna Road at this time, with the road being closed for the next three hours. 12:15 p.m. There being no further business to come before the City Council, Mayor Settl adjourned the meeting. APPROVED BY COUNCIL Diane Reynol Clerk Secretary DR:bv CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 7, 1995 - 6:00 P.M. CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET. SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Absent: City Staff Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle None City Council Meeting Tuesday, November 7, 1995 - 6:00 p.m. Page 2 Present: Jeff Jorgensen, City Attorney; Mike McCluskey, Public Works Director; Ann Slate, Personnel Director CONFERENCE WITH PROPERTY NEGOTIATOR (Pursuant to Government Code § 54956.8) Property: SPRR Right -of -Way (bike lane) Negotiating Parties: For the City: Mike McCluskey and Jeff Jorgensen SPRR Representative: Frank Ridley Council considered whether to acquire. WITH LABOR NEGOTIATOR (Pursuant to Government Code § 54957.6) ., Employee Organization: Mid - Management Agency Negotiator: Ann Slate Council considered negotiations. 6:55 p.m. Mayor Settle declared a recess to convene in open session in the Council Chamber, where a public report of the action taken in closed session was-given. APPROVED BY COUNCIL: CAd- Diane Reynold , i Clerk Secretary DR:bv CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 7, 1995 - 8:45 P.M. CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle Absent: None City Staff Present: Jeff Jorgensen, City Attorney; Mike McCluskey, Public Works Director CONFERENCE WITH PROPERTY NEGOTIATOR (Pursuant to Government Code § 54956.8) Property: Bowden- LaLoma Adobe MINUTES . REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 7, 1995 - 7:00 P.M. CITY HALL - COUNCIL CHAMBER - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice Mayor Dave Romero and Mayor Allen Settle Absent: None City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Mike McCluskey, Public Works Director; John Moss, Utilities Director; Arnold Jonas, Community Development Director; Jim Gardiner, Police Chief; Bill Statler, Finance Director; Diane Reynolds, City Clerk Secretary Report on Action Taken in Closed Session: Jeff Jorgensen, City Attorney, reported on labor negotiations with the Mid - Management Association. Mayor Settle welcomed the new Telearam- Tribune correspondent, Jeff Mitchell who will be covering the events at City Hall. PUBLIC COMMENT PERIOD P.C.I. Christine Mulholland. SLO, expressed concern, again, over Madonna cows in the Let It Be Nature Preserve; she expressed concern over the Unocal clean -up process at Avila Beach affecting City streets during the transportation process and recommended that City staff monitor the situation. P.C.2. Pat Veesart, SLO, expressed concern over the Unocal Avila Beach clean -up and the effects on the City. P.C.3. David Moore. Conejo area, asked the Council to take action on the flooding problem in that area. P.C.4. Walter Schroeder. Conejo area, asked the Council to take action on the flooding problem in that area. P.C.S. Richard Schmidt, Municipal Advocate for Elaine Simer, expressed concern over the lack of cooperation by City staff regarding high costs of a housing project due to City requirements. P.C.6. Astrid Gallagher, Cultural Heritage Committee, asked Council to direct staff to prepare a Priority Master Plan for the Historic San Luis Obispo Railroad Corridor. City Council Meeting Page 2 Tuesday, November 7, 1995 - 7:00 p.m. CONSENT AGENDA Moved by Romero /Smith to approve the Consent Agenda as recommended by the City Administrative Officer, with the exception of C -3, C -11, and C -14; motion carried (5 -0). C -1 COUNCIL MINUTES Council considered the minutes of: Tuesday, October 17, 1995 - 6.30 p.m. Tuesday, October 17, 1995 - 7:00 p.m. Tuesday, October 17, 1995 - 9:00 p.m. Wednesday, July 19, 1995 - 7:00 p.m. (amended section on page 5) Wednesday, September 27, 1995 - 7:00 p.m. (Joint City Councils Special Meeting) Moved by Romero/Smith to waive oral reading and approve minutes as amended; motion carried C -2 .._, ESTABLISHMENT OF PARKING FINES (File No. 557) Council considered giving final passage to an ordinance amending section 10.64.030 (Parking Fines) authorizing the setting of fines for parking violations to be established by resolution. (Continued from 10117195) Moved by Romero /Smith to give final passage to Ordinance No. 1285; motion carried (5 -0). 1 C-3 MATHEWS PROPERTY ACQUISITION (File No. 168) Council considered acquiring the Mathews Property at 314 -350 Higuera Street. Vice Mayor Dave Romero expressed concern that this property acquisition has come before Council as a consent item, and that the public should be heard on this issue. Jeff Jorgensen. City Attorney, explained the seller's short deadline in which to sell this property. Mayor Settle stated that he did not approve of the large expenditure and that the public should be heard on this issue on December 5. Jeff Jorgensen stated that Council's understanding is that item B: amend the City'd adopted Capital Improvement Program to include a new project approving the demolition of the buildings on the site, planting of vegetative cover, and preparation of plans and specifications for the long term use of the property, totalling $120,000, will be pulled for further review. Jeff Jorgensen clarified a change to the agreement on Page C -3 -10, paragraph F, Environmental Warranties; the seller requested language stating "...Seller, to the best of Seller's knowledge and belief represents...... After discussion, moved by Roalman/Williams to A) authorize the Mayor to enter into a contract 1 for purchase of the property known as 314 -350 Higuera Street, APN 002 - 480 -026, with the L.L. and B.J. Mathews Charitable Remainder Annuity. Trust and the L.L. and B.J. Mathews Revokable Trust in an amount of $885,000; motion carried (4 -1, Mayor Settle voting no). b City Council Meeting Page 3 Tuesday, November 7, 1995 - 7:00 p.m.` Moved b Roaiman/Williams to C authorize the expenditure of 165 000 from the Street Y ) P $ , Reconstruction account and $135,000 from the Storm Drain Improvements project account towards purchase of the property; (4-1, Mayor Settle voting no). Moved by Roalman/ illiams to D) adopt Resolution No. 8467 preserving the City's ability to debt finance $705,000 for the purchase of the property; (4 -1, Mayor Settle voting no). C-0 FINANCIAL ASSISTANCE APPLICATIONS FOR ROADWAY AND BICYCLE PROJECTS (File No. ) Council considered financial assistance applications for roadway and bicycle transportation projects. _.. Moved by Romero /Smith to adopt Resolution No. 8464 and Resolution No. 8465 authorizing the CAO to execute and file financial assistance applications for five transportation projects with the San Luis Obispo Council of Governments (SLOCOG): 1) Jennifer Street Bicycle- Pedestrian Bridge; 2) Orcutt Road Widening and Frontage Facilities (north side, Laurel Lane to McMillan Avenue); 3) Los Osos Valley Road Landscaped Medians (Royal Way to west city limits); 4) South Higuera Street Sidewalks and Bicycle Lane Reconstruction (west side, Elks Lane south 1,110 feet); 5) Phase II of the Railroad Bicycle Path (east side of railroad from Bushnell Street to Jennifer Street); motion carried (5 -0). C-0 SALE OF OLD HEADQUARTERS FIRE STATION (File No. 727) Council considered directing staff to begin preparing a marketing plan for the sale of the old headquarters fire station. Council Member Romero questioned whether the parking lot which is being heavily used at this time should be sold. John Dunn. CAO, explained that the sales potential would be much greater by selling both properties together and that the revenue from the sale of this property is needed as a General Fund budget - balancing tool. After discussion, moved by Romero /Smith to direct staff to prepare plan; motion carried C-6 LOCAL AGENCY /STATE MASTER AGREEMENT (File No. 501) Council considered approving Program Supplement No. 16 to the Local Agency /State Master Agreement for Federal Aid Projects 05 -5016 for the Bridge Replacement Project - Elks Lane at SLO Creek (City Plan No. L -101-1). Moved by Romero /Smith to adopt Resolution No. 8463 approving Program Supplement No. 16; motion carried (5 -0). C -7 UTILITY USERS TAX AND FRANCHISE FEE COMPLIANCE REVIEWS (File No. 294) Council considered approving contracting with Hinderliter, de Llamas and Associates (HdL) for utility users tax and franchise fee compliance reviews. Moved by Romero/Smith to approve contracting agreement; motion carried (5 -0). City Council Meeting Page 4' Tuesday, November 7, 1995 - 7:00 p.m. C-8 FINANCING FOR CITY HALL SEISMIC SAFETY /HVAC IMPROVEMENT AND MISSION PLAZA EXPANSION (File 202) Council considered preserving the City's ability to debt finance $1,500,000 for City Hall seismic safety/HVAC improvements and the Mission Plaza expansion. Moved by Romero/Smith to adopt Resolution No. 8466 preserving debt financing; motion carried (5 -0). . C -9 ~ FINANCIAL ADVISOR AGREEMENT WITH EVENSEN DODGE (File No. 223) Consideration of authorizing the Mayor to execute an agreement with Evensen Dodge to retain their services as the City's financial advisor. Moved by Romero /Smith to authorize the Mayor to execute agreement; motion carried (5 -0). C -10 BOND COUNSEL AGREEMENT (File No. 416) Council considered authorizing the Mayor to execute an agreement with Jones, Hall, Hill & White to retain their services as the City's Bond Counsel. Moved by Romero /Smith to authorize the Mayor to execute agreement; motion carried (5 -0). C -11 ENHANCED PROMOTIONAL FUNDS ALLOCATIONS (File No. 1051) Council considered the use of Promotional Coordinating Committee (PCC) Enhanced Promotional Funds and Grant -in -Aid Funds. Moved by Romero/Smith to 1) approve PCC's recommended spending plan for Enhanced Promotional Funds of $20,000 for a southbound Highway 101 sign, $7,000 for a video brochure, and $6,000 for additional advertising; 2) approve the PCC's recommendation to give a Grant -in -Aid of $2,500 to Decemberfest to fund use of the back -up trolley; and, 3) approve the PCC's recommendation to reallocate the San Luis Obispo Arts Council's unspent 1994 -95 $2,000 Grant -in- Aid to the program's reserve; (4-1, Council Member Roalman voting no). C -12 BELT FILTER PRESS UPGRADE AT WATER RECLAMATION FACILITY (File No. 521) Council considered Design and Engineering for "Upgrade of Belt Filter Press at Water Reclamation Facility." Moved by Romero /Smith to approve and authorize the Mayor to execute an agreement for Engineering Services with Brown and Caldwell Consultants in the amount of $35,000; motion carried (5-0). C -13 BIOSOLIDS REUSE AGREEMENT EXTENSION (File No. 521) Council considered Amendment No. 2 to the Agreement with Pima Gro Systems, Inc. for management and disposal /reclamation of the City's biosolids. Moved by Romero /Smith to amend the Agreement for an additional year; authorize the Mayor to execute the amendment with contractor subject to the following terms: a) cost for services will be City Council Meeting Page 5 Tuesday, November 7, 1995 - 7:00 p.m.' $27.75 per ton, biosolids removed to a facility in Kem, Fresno, or Merced County and/or $19.50 per ton, biosolids removed to a facility in San Luis Obispo County when permitted; b) biosolids will be hauled and applied to permitted farmlands in compliance with applicable rules and regulations; and, c) contract duration of one year; motion carried (5 -0). C -14 EIR CONSULTANT SERVICES FOR PREFUMO CREEK HOMES ANNEXATION PROJECT (File =: No. 463) Council considered Environmental Impact Report consultant services for the Prefumo Creek Homes Annexation Project (City Files: ANNX 26 -95, ER 26 -95, TR 26 -95, GP /R 26 -95) proposed on a site located on the south side of Prefumo Canyon Road, near Castillo Court (1855 Prefumo Canyon Road) Council Member Kathy Smith stated that this report should be considered at the upcoming study r= ': session being held on this issue. Mayor Settle opened the meeting to public comment. r ` Christine Mulholland. SLO, expressed concern about major inconsistencies in City policy regarding this issue and asked Council to not rush this issue. Mayor Settle closed the meeting to public comment. After discussion, moved by Roalman /Smith to continue this item to January 9, 1996 (3 -2; Council Members Romero and Williams voting no). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. ADULT ENTERTAINMENT ORDINANCE (File No. 704) Council held a public hearing to consider adopting an ordinance adding Municipal Code Chapter 17.95, Amending Table 9 of the Zoning Regulations, Adopting the Negative Declaration of Environmental Impacts, and Repealing the Interim Moratorium Imposed in Ordinance No. 1281 (1995 Series). Cindy Clemens. Assistant City Attorney, reviewed the staff report. Jeff Jorgensen. City Attorney, stated that the second reading of this ordinance will be November 21, and will take affect in thirty days. Mayor Settl e opened the public hearing. No one addressed the issue. Mayor Settle closed the public hearing. Moved by Williams /Smith to introduce Ordinance No. 1286 to print; motion carried (5 -0). City Council Meeting Page 6 Tuesday, November 7, 1995 - 7:00 p.m. 2. MINOR SUBDIVISION — 1236 GEORGE STREET (File No. 411) Council held a public hearing to consider dividing one 7,500 sq. ft. lot into two, with exceptions to lot width, depth, and area (MS 117 -95). Arnold Jonas. Community Development Director, reviewed the staff report. Mayor Settle opened the public hearing. Robert Burke, applicant, offered to answer any questions regarding the matter. Mayor Settle closed the public hearing. After discussion, moved by Smith /Romero to adopt Resolution No. 8469 adopting negative declaration, with mitigation, of environmental impact, and approving the subdivision with exceptions requested; motion carried (5 -0). 3. - ADOPTION OF 1994 UNIFORM CODES AND 1993 ELECTRICAL CODE (File No. 402) Consideration of adopting the 1994 Editions of the Uniform Building, Mechanical, Plumbing, Housing and Dangerous Building Codes and the 1993 Edition of the National Electrical Code as amended. Mayor Settle opened the public hearing. No one addressed the issue. Mayor Settle closed the public hearing. Moved by Romero/Smith to continue this item to a date certain, November 21,1995; motion carried (5 -0). 4. AMERICANS WITH DISABILITIES ACT - TRANSITION PLAN (File No. 607) Council held a public hearing to consider the Transition Plan required by the Americans with Disabilities Act. Mike McCluskev. Public Works Director, reviewed the staff report. Mayor Settle opened the public hearing. Walter Vance, SLO, praised the work of staff to meet ADA requirements. Mark Mimmick, SLOCO Access, encouraged Council to approve the ADA Transition Plan and offered his office's services in assisting the Council in further decisions regarding the disabled. Dorothy Shari) . SLO, expressed concern about wheelchair lifts on the City's busses breaking down. Mayor Settle closed the public hearing. , After discussion, moved by Roalman/Williams to adopt Resolution No. 8468 approving the City Council Meeting Page 7 Tuesday, November 7, 1995 - 7:00 p.m. Transition Plan; motion carried (5-0). COMMUNICATIONS Comm.1. Vice Mayor Romero requested Council appoint City representatives to the Art Acquisition subcommittee of the Central Coast Performing Arts Center Commission. Comm.2. Council Member Williams attended the Chorro Street Neighborhood meeting and stated - . that progress is being made. Comm.3. Mayor Settle requested clarification on membership of the subcommittee of the People's Kitchen Relocation. Comm.4. Council Member Roalman requested direction be given to staff on the Unocal clean -up situation. BUSINESS ITEMS .F = •. S. - OPEN SPACE FINANCING TASK FORCE (File No. 462) Council considered the formation of the Open Space Financing Task Force. John Dunn, CAD, reviewed the staff report. Mayor Settle asked for public comment on this issue. Scott Gregory. Municipal Advocate for the Chamber of Commerce, expressed support for the Open Space Financing Task Force and stated that the Open Space Plan in conjunction with the Airport Area Annexation represents an opportunity to protect both the economic and environmental qualities of life in San Luis Obispo and that a position plan from the Chamber of Commerce regarding Airport Area Annexation and Open Space will be forthcoming. Mayor Settle returned discussion to the Council. After discussion, moved by Williams /Romero to 1) establish categories of representation for the formation of an open space financing task force; and, 2) direct staff to solicit nominations from these various categories for subsequent consideration and appointment by the City Council; motion carried (5 -0). 8:45 p.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to a Closed Session in the Council Hea ' g R om. APPROVED BY COUNCIL: Diane I s, City Clerk Secretary DR:bv 1 City Council Meeting Tuesday, November 7, 1995 - 8:45 p.m. Page 2 Negotiating Parties: For the City: Mike McCluskey For Property Owner: John Kuden Council considered whether to acquire. 9:25 p.m. Mayor Settle declared a recess to convene in open session in the Council Chamber, where a public report of the action taken in closed session was given. Jeff Jorgensen reported that Council authorized further negotiations towards acquisition. 9:30 p.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to Tuesday, November 14, 1995, at 7:00 p.m. in the Council Chamber. APPROVED BY COUNCIL: Diane Reynold i y Clerk Secretary DR:bv MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 14, 1995 - 7:00 P.M. ' CITY HALL - COUNCIL CHAMBER - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dodie Williams, Vice Mayor Dave Romero and Mayor Allen Settle Absent: Council Member Bill Roalman City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Kim Condon, Acting City Clerk; Mike McCluskey, Public Works Director; Bob Neumann, Fire Chief, Viv Dilts, Fire Department Administrative Assistant; Dave Redel, Fire Captain Mayor Settle presented a Proclamation to Dr. Stephen Hansen in recognition of the importance of preventing tobacco use among young adults. PUBLIC COMMENT PERIOD There were no public comments. tCONSENT AGENDA C -1 GIFT DEED (File No. 168) Council considered accepting a Gift Deed from Felton A. Ferrini of an approximately four acre open space parcel (Parcel 4 of Parcel Map SLO 94-072) and authorizing the City Administrative Officer and City Attorney to execute all documents necessary to record the deed prior to