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HomeMy WebLinkAbout09/02/19971 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 2,1997- 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; Kim Condon, Assistant City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director, Bill Statler, Finance Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey; Public Works Director; Wayne Peterson, City Engineer; John Mandeville, Long Range Planning Manager; Neil Havlik, Natural Resources Manager PUBLIC COMMENT PERIOD There were no public comments. . CONSENT AGENDA Council Member Romero stated that he was not present at the August 19, 1997 City Council meeting for the public hearing for the PG &E Annexation public hearing, but had listened to a tape of that public hearing and was eligible to vote on its final passage tonight Moved by Williams /Smith to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5 -0). C1. WATER RECLAMATION FACILITY DIGESTER #2 REPAIR (File No. 97 -49B) Council considered awarding a contract to Speiss Construction in the amount of $168,040 for "Water Reclamation Facility Digester Repair," Specification No. 97 -49B. Moved by Williams /Smith to approve contract award and appropriate $100,000 from Sewer Fund balance to project; motion carried (5 -0). C2. PG &E ANNEXATION & PREZONING (File No. 441) Council considered giving final passage to an ordinance amending the zoning map to prezone the PG &E Annexation at 4280 Vachell Lane and 4313 S. Higuera Street to Service - Commercial (C-S); Pacific Gas & Electric Company, applicant (Continued from 8119197.) Moved by Williams /Smith to give final passage to Ordinance No. 1326; motion carried (4 -1, Roalman voting no.) C3. ELECTRONIC PARKING METERS (File No. 557) ' Council considered a Request for Proposals (RFP) for the purchase of an electronic parking meter system; engineer's estimate $348,000. Moved by Williams /Smith to approve the request for proposals (RFP) for the purchase of an electronic parking meter system; authorize soliciting of proposals; and, authorize contract award by the CAO if the best responsible proposal is within the engineer's estimate; motion carried (5 -0). City Council Meeting Tuesday, September 2,1997- 7:00 p.m. Page 2 C4. CREEK CLEAN -UP DAY (File No. 502) Council considered supporting the Central Coast Salmon Enhancement Creek Clean -up Day on September 13,1997 as co-sponsor. Moved by Williams /Smith to adopt Resolution No. 8707 supporting the City's co- sponsorship of the Creek Clean -up Day event sponsored by the Land Conservancy of San Luis Obispo County and Central Coast Salmon Enhancement, Inc. (CCSE); motion carried (5 -0). C5. FIBER OPTIC INSTALLATION (File No.) Council considered of an agreement with GST /Call America for fiber optic conduit installation. Mike McCluskey. Public Works Director, said the agreement had not yet been finalized and asked Council to authorize approval of the agreement subject to the City Attorney finding the agreement acceptable. He said this is a unique opportunity to get us from City Hall to Fire Station No. 1 and eventually all the way to the southern end of the City. Moved by Smith /Romero to 1) approve agreement with GST /Call America contingent upon the City Attorney finding the agreement acceptable; 2) authorize the City Administrative Officer to execute the agreement; 3) appropriate $42,000 from the unappropriated balance of the General Fund to a new CIP project account for this work; and, 4) transfer $17,000 from the Traffic Signal Interconnection Project budget to a new CIP project account for this work; motion carried (5 -0). C6. WATER TANK REPAIR (File No. 98 -70) Council considered specifications for "Water Tank Recoating Project: Edna Saddle Tank," Specification No. 98 -70; engineer's estimate $422,000 not including contingencies. Moved by Williams /Smith to approve specifications, authorize staff to advertise for bids, and authorize the CAO to award the contract if the lowest responsible bid is within the budget; motion carried (5-0). C7. FINANCIAL ADVISORY SERVICES (File No. 201) Council considered of a Request for Proposals (RFP) for Financial Advisor Services. Moved by Williams /Smith to approve distribution of RFP for Financial Advisor Services; motion carried (5 -0). C8. BOND COUNSEL SERVICES (File No. 201) Council considered a Request for Proposals (RFP) for Bond Counsel Services. Moved by Williams /Smith to approve distribution of RFP for Bond Counsel Services; motion carried (5 -0). C9. RFP FOR OUTREACH SERVICES (File No. 98 -73) Council considered a Request for Proposals (RFP) for Outreach Program to Local Schools — Efficient Water Use Education Materials and Resources, projected at a cost of $30,000 for this two -year project. Moved by Williams /Smith to approve RFP, authorize staff to solicit proposals; and authorize contract award by the CAO, if the selected proposal is within the approved project budget; motion carried (5 -0). 1 City Council Meeting Tuesday, September 2,1997- 7:00 p.m. C10. LOT MERGER (File No. 487) Council considered the merger of lots in the Linda Vista Addition (Maino Open Space). Page 3 Moved by Williams /Smith to approve lot merge and authorize the City Administrative Officer to undertake all actions necessary to accomplish the merger; motion carried (5-0). COUNCIL LIAISON REPORTS CLR1. Council Member Williams said she had attended the Citizens' Advisory Committee meeting for CMC on August 20"' at which time a Grand Jury report had been handed out that was very favorable to the facility. On the 27"', she toured the facility and found it most enlightening and very impressive. She said the CMC would like to work with any taxpayer supported agencies to provide landscaping services and wondered if they could landscape the Prado Day Center. CLR2. Council Member Romero reminded Council about the Channel Counties League Meeting in Bueliton on Friday, September 19th. CLR3. Council Member Smith reported she had attended the meeting on the Railroad Master Plan 20"'. PUBLIC HEARINGS 1. TK DEVELOPMENT MODIFICATIONS (File No. 410) 1 Council held a public hearing to consider a request to modify a previously approved use permit condition for Food 4 Less (A6 -96) located at 154 Suburban Road; TIMM & Kreutzkampf Development, applicants. Arnold Jonas, Community Development Director summarized the agenda report. Mayor Settle opened the public hearing. Phyllis Needelman, 90 Los Verdes, agreed with the staff recommendation to deny this request to allow a left turn out of the commercial development. Bob Mott, thanked Council for finding time to meet with people on this issue and pointed to the potential for serious accidents if this provision is deleted. He said that the traffic assumptions had been based on incomplete data. Bruce Wiedmer, Meadows area resident, asked Council to deny this request for modification. Joe Humphrey, Meadows resident, supported the previous speakers. Rick Anderson, 11 Mariposa, asked Council to adopt the staff recommendation. Paul Orton. 33 Los Paderos, asked Council to consider the children in this neighborhood and their safety. Mayor Settle closed the public hearing. After discussion, moved by Smith/Williams to adopt Resolution No. 8708 denying a request to eliminate condition #8 of Use Permit A 6 -96 relating to restricted turning movements onto South Higuera Street; motion carried (5 -0). City Council Meeting Tuesday, September 2,1997- 7:00 p.m. Page 4 2. CREEK BANK REPAIR PROJECTS (File No. 9553, 9555, 9664, 9750, 9679) Council held a public hearing to consider approving a Mitigated Negative Declaration (ER 91 -97) for Creek Bank Repair Projects and approving plans and specifications for City Plan 9553 (3546 S. Higuera St., 35 Prado Road, and Prado Bridge); City Plan 9555 (302613046 Higuera St. and 236 Higuera St.); City Plan 9664 (Golf Course); City Plan 9750 (Pistol Range); and City Plan 9679 (Mariposa). Wayne Peterson, City Engineer, outlined the agenda report and summarized the chronology of the City's attempts to construct repairs at creek sites. Council discussed their frustration with the lengthy process in obtaining these permits from various State and Federal agencies. Concerns were also expressed that the work could not be done before the predicted heavy rainy season, therefore putting citizens and their property at risk with the City having no authority to take action on its own. It was suggested that the City appeal to our congressman and senators seeking support and asking for some kind of intervention. Staff assured Council that they shared these same concerns and could write the kind of letter that proves beyond a shadow of a doubt that we have been involved in due process diligence since the problems became known to use in 1995. Jeff Peters, Questa Engineering, reviewed the plans and specifications for each of the creek repair projects. Mayor Settle opened the public hearing. Roy Parsons, owner of the commercial property at 236 Higuera, voiced his frustration over the 1 inability to protect his property and urged the Council to take some sort of action. Phil Ashley. City resident, opposed the Mitigated Negative Declaration and asked Council to slow down and design these projects right. Craiq Larson, owner of Gold's gym property at 3546 Higuera, was very concerned about the property and hoped that something would be done this year. Arnold Volnv, owner of the RRM site at 3026 Higuera Street, gave a history of the damage that has occurred at the site over the past few years and implored the Council for some type of mitigation. Kurt Haupt, Mariposa Street, a property adjacent to a proposed area of repair, and said that he felt this was an emergency situation that cannot be deferred. Mayor Settle closed the public hearing. Neil Havlik, Natural Resource Manager, said that he supported the projects although they were not perfect. After discussion, moved by Williams /Romero to 1) adopt Resolution No. 8709 approving a Mitigated Negative Declaration (ER 91 -97) for Creek Bank Repair Projects, City Plans 9553, 9555, 9664, 9750, 9679; 2) approve plans and specifications for Creek Bank Repair Projects and authorize staff to advertise and CAO to award contract to lowest bidder within the engineer's estimate ($1,026,066) for all projects; motion carried (5 -0). Council directed staff to take action to communicate with representatives and agencies about concerns expressed earlier regarding the need to expedite this process to enable repair work to begin as soon as possible. City Council Meeting Page 5 Tuesday, September 2,1997- 7:00 p.m. 3. APPEAL - FRATERNITY USE PERMIT (ULM-97) (File No. 407) Council held a public hearing to consider an appeal by Al and Elinor Bonin of a Planning Commission action approving amendment to a fraternity's use permit, allowing the conversion of a storage building into two bedrooms 720 and 126 Foothill Blvd.; Delta Upsilon Fraternity, applicant. Arnold Jonas. Community Development Director, gave the staff report. Mayor Settle opened the public hearing. Dawn McGee, attorney speaking on behalf of appellants, said this conversion would adversely impact the lives and livelihood of the residents in the surrounding area. Norbert Lippert, president of alumni corporation, representing the fraternity and alumni association as the owners of the property, said they would take this opportunity to improve the property and a majority of the neighbors he had contacted were not concerned about this amendment to the use permit. Mary Beth Schroeder. San Luis Obispo, said fraternities do cause problems and disturb adjacent tenants and encouraged the university to build more housing on campus. Mark Connelly, representing the Delta Upsilon Alumni Corp., told Council that the fraternity is working harder at being a good neighbor an said they were trying to make the place a little more livable. ' Anna Barbosa. 234 Ferrini Road., believed that this additional square footage would add more activity at the fraternity and more noise.. Al Bonin, the appellant, 272 Del Mar Court, said he was in complete agreement with the staff recommendation and asked Council to support the appeal. Elinor Bonin, the appellant, also supported the staff recommendation for denial. Krishna Martins, a tenant in the apartment complex next door, said she lives directly behind the fraternity parking lot, it was very noisy and said this amendment would only increase the noise. Caesar Avon, 726 Foothill and a member of the fraternity, wanted to make Council aware of the awards the fraternity had received the previously year. Val Gillespie, 772 Foothill, said the use permit restrictions have not been adhered to and did not support the amendment. Mayor Settle closed -the public hearing. After discussion, moved by Williams /Smith to adopt Resolution No. 8710 approving the appeal, thereby denying the use of the storage building for bedrooms; motion carried (5 -0). COMMUNICATIONS ' Comm1. Council Member Romero said that another pedestrian had been hit by a car in the crosswalk on Marsh mid -block between Chorro and Morro and that it was incumbent upon the Council to install an integrated pedestrian signal at this location. City Council Meeting Tuesday, September 2,1997- 7:00 p.m. Page 6 4. AIRPORT AREA SPECIFIC PLAN & EIR CONTRACT (File No. 154) 1 Council considered the Airport Area Specific Plan and Environmental Impact Report preparation. John Mandeville, Long Range Planning Manager, gave general comments on the item and summarized the consultant selection process and the planning process following contract execution. Bill Statler. Finance Director, explained how the project would be funded and explained why the cost would be greater than originally estimated. Mayor Settle opened the meeting for public comment. Mary Beth Schroeder, City resident, said she felt this was a very high price tag and urged Council not to use money from the General Fund or Water Fund to pay for this. Shelly Stanwvck, Director of Governmental Affairs for the Chamber of Commerce, said the Chamber was very excited on the progress to date in the consultant selection process and the higher cost is an investment in our future. Mayor Settle returned discussion to the dais. After discussion, moved by Romero/Williams to 1) approve a contract with Wallace Roberts & Todd for consultant services in the amount of $627,322 for preparation of a specific plan for the Airport Area, related facilities master plans and an environmental impact report; 2) approve a supplemental appropriation in the amount of $82,322 to fully fund the contract as follows: General Fund: $44,182 and Water Fund: $45,471; and, 3) amend the interim Airport Area Annexation from $15,328 to $15,538 in order to reflect this increased cost from earlier estimates; motion carried (5- 0). Mayor Settle adjourned the meeting at 10:50 p.m. to Closed Session in the Council Hearing Room. 11:00 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 to be given. Jeff Jorgensen, City Attorney, stated that no action had been taken. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:02 p.m. to Tuesday, September 9, 1997 at 7:00 p. ii-I 5d6uncil Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 9/16/97 BG:dr i orlaon, Assistant City Clerk Ll 1 1 F TUESDAY, SEPTEMBER 2,1997 -10:55 P.M. COUNCIL HEARING ROOM, 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: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer City Council held a closed session to discuss the following issue: CONFERENCE WITH LEGAL COUSEL - ANTICIPATED LITIGATION - Initiation of Litigation pursuant to Government Code Sec. 54956.9© Number of Potential Cases: 1 11:00 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 to be given.',--" i i APPROVED BY COUNCIL: 9116197 KC:dr Assistant City Clerk