HomeMy WebLinkAbout10/20/1998CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 20,1998- 6:15 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dodie Williams, Ken Schwartz, Vice Mayor
Dave Romero, and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer; Ann Slate, Personnel
Director, Paul LeSage, Director of Parks & Recreation
City Council held a closed session to discuss the following issue:
CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Government Code Section 54957.6
San Luis Obispo City Employees Association
Agency Negotiators: Ann Slate
CONFERENCE REGARDING PROPERTY NEGOTIATIONS - Pursuant to Government Code Section
54956.8
Property:
Negotiating Parties:
Negotiation:
Damon Garcia Property
(Broad St. north of Industrial Way)
City of San Luis Obispo
Paul LeSage
Property Owner Representative
John French
Direction to Negotiators
7:00 P.M. Mayor Settle declared a recess to convene in open
a public report of the action taken in closed session was to bi
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 11/10/98
, where
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ROLL CALL:
Council Members
Present:
Absent:
City Staff:
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 20,1998 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members Ken Schwartz, Dodie Williams, Vice Mayor Dave
Romero, and Mayor Allen K. Settle
Council Member Bill Roalman
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; 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 CAD
PRESENTATIONS
A presentation was made to the City by a representative from PG&E of an energy rebate
check in the amount of $16,215.
The Mayor presented a proclamation for Private investigators Day to RJ Bacon.
The Mayor presented a proclamation to San Luis Obispo's first poet laureate Ray Clark
Dickson.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen reported that the Council authorized further negotiations in two
matters relating to labor negotiations and property negotiations.
PUBLIC COMMENT
San Luis Obispo youth Steve Cochran, representing the Coalition of Youth Sports
Organizations, urged the Council to make youth sports fields in the City a high priority.
City Council Meeting
Tuesday, October 20,1998 - 7:00 p.m.
Page 2
CONSENT AGENDA
Council Member Schwartz pulled Item #3. The matter was moved to the end of the agenda
pursuant to mutual agreement by the Council.
ACTION: Moved by Schwartz/Romero to approve the Consent Agenda as
recommended by the City Administrative Officer, with the exception of Item #C-3;
motion carried 4-0-1 Roalman absent).
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, October 6, 1998 at 6:15 p.m.; and,
Tuesday, October 6, 1998 at 7:00 p.m.
ACTION: Approved as submitted; 4 -0-1: (Roalman absent).
C2. FULLER ROAD —AERO DRIVE PROPERTY TAX SHARING AGREEMENTS (File No.
208 -03)
Council considered agreements with the County concerning property tax revenues and
annual property tax increments for the Fuller Road Area and Aero Drive annexations, and
the nest of the unincorporated Airport Area.
ACTION: Resolution No. 8864 accepting the negotiated exchange of property tax
revenues and annual property tax increments for the Fuller Road Area and Aero
Drive annexations, and for the rest of the unincorporated Airport Area, under which
the County will receive all property taxes subject to the negotiation and the City will
receive all local sales taxes adopted 4-0-1: Roalman absent).
C3. AERO DRIVE OPERATIONS AND MAINTENANCE AGREEMENT (File No. 208 -03)
Pulled at the request of Council Member Schwartz; deferred to the end of the meeting (See
Action - last page)
C4. MEMORANDUM OF UNDERSTANDING WITH CUESTA COLLEGE (File No. 207 -01)
Council considered of approving a memorandum of understanding with Cuesta College for
economic development.
ACTION: Memorandum of Understanding between the City of San Luis Obispo and
Cuesta College Small Business Development Center for collaborative economic
development activities approved 4-0-1 Roalman absent).
C5. ECONOMIC VITALITY CORPORATION AGREEMENTS (File No. 207 -06)
Council considered approving the Economic Vitality Corporation (EVC) agreements.
ACTION: 1998 -99 EVC Agreement in the amount of $12,400 for marketing services; '
and 1998 -99 EVC Subrecipient Agreement in the amount of $100,000 for Revolving
Loan Fund (RLF) Services; approved 4-0-1 (Roalman absent).
City Council Meeting Page 3
Tuesday, October 20,1998 - 7:00 p.m. ;
C6. CREEK BANK REPAIR PROJECTS (File No. 704-06)
Council considered approving a contract amendment for extra design work for Creek Bank
Repair projects (Spec. No. 9605A).
ACTION: CAO authorized to amend the contract with Questa Engineering to
procure extra work on creek bank repair projects at an additional cost of $19,000;
4 -0-1 Roalman absent).
C7. GOAL SETTING AND FINANCIAL PLAN PROCESS FOR 1999 -01 (File No. 410 -02)
Council considered the Goat-setting and Financial Plan schedule for 1999 -01.
ACTION: Preliminary schedule for preparing the1999 -01 Financial Plan and
conceptual approach to Council goal -setting as part of this process approved 4-0-1
Roalman absent).
C8. -:WASTEWATER SLUDGE MANAGEMENT AGREEMENT AMENDMENT (File No. 704-
06)
Council considered Amendment No.1 to an agreement with BioGro Systems, Inc. for
wastewater sludge solids management and disposal /reclamation of the City's biosolids.
1 ACTION: Agreement amended with Wheelabrator Water Tech Inc., BioGro Division
(contractor) for management and disposallreclamation of the City's biosolids for an
additional two years; and, 2) Mayor authorized to execute the amendment with
contractor subject to terms outlined in the staff report 4 -0-1 Roalman absent).
C9. GREAT AMERICAN MAIN STREET AWARD APPLICATION (File No. 201 -04)
Council considered a supporting the Downtown Association's application for the 1999
Great American Main Street Award.
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ACTION: Resolution No. 8857 adopted recognizing the partnership between the City
and the Downtown Association and supporting the nomination of the Downtown
Association for its part in the comprehensive revitalization program of the
Downtown for the Great American Main Street Award; 4-0-1 Roalman absent).
COUNCIL LIAISON REPORTS
Council Member Williams reported on the October 15' meeting of the Student Community
Liaison Committee. She reported that there are still concerns regarding the lack of sufficient
student housing on campus and announced plans for new construction of 800 beds,
apartment-style. The Committee will sponsor a "home spruce -up" on Oct 241" in conjunction
with Cal Poly Homecoming.
City Council Meeting Page 4
Tuesday, October 20, 1998 - 7:00 p.m.
Vice Mayor Romero reported on the October r meeting of the San Luis Obispo Council of
Governments. The Govemor's recent veto of SB 1477 is good news for San Luis Obispo as it
will provide more flexibility in obtaining funding from Caltrans for street improvements. The
Governor also vetoed proposed sound wall construction on Highway 101. Also shared an
article regarding recent Appellate Court validation of majority vote for a general tax in Santa
Clara County for road improvements. (Full report with attachment on file in the Clerk's Office).
Council Member Schwartz summarized his memo to Council dated October 201 providing
updates regarding meetings of the Downtown Association and the Performing Arts Center
Program Committee. Also attended City training session regarding sexual harassment
avoidance and the Recognition Dinner for Jack House docents. He noted that the monthly
Economic Opportunity Commission meeting was canceled for lack of a quorum. (Full report
on file in the Clerk's Office).
Al. PLANNING COMMISSION APPOINTMENT (File No. 305 -02)
The Subcommittee to the Planning Commission recommended that the item be postponed
until November 10, 1998 given the potential for more than one vacancy to occur on the
Commission as a result of the November 3ntl election.
ACTION: By mutual agreement, this item was postponed until November 10, 1998
Council meeting.
PUBLIC HEARINGS '
1. SPECIAL EVENTS POLICY (File No. 1104 -01)
Council held a public hearing to consider the Parade and Special Events ordinance, fee
resolution and procedures. (Continued from 1016198). Wendy George, Assistant to the CAO,
provided the staff report and recommendations. In addition, she noted that staff was
recommending additional revisions to the fee resolution. In response to inquiry from Mayor
Settle she noted that fees are reviewed from time to time to make adjustments as needed to
react to inflation. Vice Mayor Romero suggested that staff review the fees annually. A
discussion followed regarding the use of City-owned portable toilets for events in the
downtown.
Mayor Settle opened the public hearing.
Christina Green, Mystic Krewe Director, reported that Mardi Gras event organizers have met
with City staff regarding the 3-year cap for major events and indicated that while there is
general support for the ordinance, there remains some questions regarding how fees will be
negotiated after the three year period expires.
Dan Wa Cal Poly Cycling Club, commented that the annual Criterion may run into trouble
with the fees as they are proposed or until the event grows to major event size. He asked that
the Council give more consideration to how the fees will impact smaller events.
Mayor Settle closed the public hearing. 1
City Council Meeting Page 5
Tuesday, October 20,1998 - 7:00 p.m.
ACTION: Moved by Williams/Romero to 1) introduce Ordinance No. 1345 to print
relating to parades and special events within the City of San Luis Obispo; 2) adopt
Resolution No. 8858 as revised establishing fees and costs to be paid by sponsors of
parades and special events, with further direction to bring the fees back for review in
one year, 3) approve procedures implementing the parade and special event
ordinance and authorize the CAO to approve any future minor changes to the
procedures that are consistent with the ordinance; motion carried 4-0-1 Roalman
absent).
2. CREEK WALK CONCEPT PLAN (File No. 704-06)
Council held a public hearing to consider approval of the San Luis Obispo Creek Walk
concept plan (Mission Plaza Expansion). Rainie Jones, Engineering Assistant, provided the
staff report and recommendations. Consultant David Foote. FIRMA San Luis Obispo,
summarized the key components of the design concept. Rainie Jones reported on the second
element of the project as it relates to public art. She noted that Recommendation Item #6
should be amended to more accurately reflect that the actual award would be for $17,600, as
staff included an additional $3,000 for advertising.
Mayor Settle opened the public hearing.
Ann Ream. SLO Arts Council, remarked that she supports the concept and added that this is a
good start for public art. She recommended that staff invite artists from not only the City but
the County to participate in the RFP process.
Bill Walter. 679 Monterey Street, suggested a visually open fence to provide security while
' avoiding the creation of a tunnel affect. He also recommended that a gate be installed from
the property to the creek to facilitate access for maintenance purposes. In addition, Mr. Walter
proposed consideration be given to controlling erosion during the rainy season and a fencing
device that would allow ducks to escape to higher ground. Lastly, asked that workers watch
for significant archaeological' finds" during the grading process.
Mayor Settle closed the public hearing.
Council Member Schwartz commented in support of the plan and summarized alternatives to
the scope of the project as outlined in his memo to the City Council (on file in the Clerk's
Office). He noted that the project is more complex than what was initially envisioned and
voiced concern that the project may come in over bid. He recommended approval of the plan
as proposed and stressed that if there are budget deficiencies that they be dealt with as
opposed to cutting back
Vice Mayor Romero summarized his memo to the Council (on file in the Clerk's Office)
proposing additional alternatives to the RFP. He asserted that if the Council wants a nice,
"first class" project, it should indicate clearly to staff that they should not cut comers and,
further, that staff come back to Council if they need clarification or additional funding.
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Discussion ensued regarding the existing pedestrian walkway. Staff displayed overhead
transparencies demonstrating patio tables and chairs in the path of the walkway. Vice Mayor
Romero asked the Council if there was support for directing staff to take any action to
improve or abate the situation. Council Members Schwartz and Williams agreed that
interaction is not a detraction but rather a part of the ambiance. There was agreement to take
' no action in this regard unless problems arise.
City Council Meeting
Tuesday, October 20, 1998 - 7:00 p.m.
Page 6
Vice Mayor Romero proposed that staff consider a way to provide small motorized vehicle
access for maintenance purposes later. Public Works Director McCluskev reported that the
concept plan does not include long tern access and agreed with the recommendation. In
response to further inquiry from Vice Mayor Romero, Public Works Director McCluskev
reported that the plan includes a Mission-style fence and gates to be placed in certain
locations.
Council Member Williams expressed concern that the plan does not include a bathroom
facility. Public Works Director McCluskev reported that staff has met with the architect for the
Marsh Street Garage Expansion project and have agreed to propose three restrooms as a part
of the project
For the record, the Council confirmed that the conceptual plan fully funded as presented is
the project that is desired, including lights changed out on both sides of the street and access
to the creek. Public Works Director McCluskev reported that staff will bring back a revised
budget at the time bids are requested to solve the contingencies.
ACTIONS: Moved by Schwartz/Romero to approve the concept design for San Luis
Obispo Creek Walk; motion carved 4-0-1 Roalman absent).
Moved by SchwartrJRomero to adopt Resolution No. 8859 approving a mitigated
negative declaration of environmental impact; authorize the CAO to execute an
amendment to the design contract with Firma for preparation of construction
documents at a cost of $50,000; appropriate $79,300 from the unappropriated balance
of the general fund to fully cover project design and construction costs; approve the
request for proposals for "San Luis Obispo Creek Walk Public Art," Specification No.
902813, as amended by suggestions made by Council Member Schwartz and Vice ,
Mayor Romero; and authorize the CAO to award a contract.for design and fabrication
of public art if the cost is within the budget of $17,600; motion carried 4-0-1 Roalman
absent).
Moved by Schwartz/Romero to adopt Resolution No. 8860 authorizing staff to
complete and submit applications for grant money from the Salmon and Steelhead
Trout Restoration Account (SSTRA) in the amount of $30,000; motion carried 4-0-1
Roalman absent).
Council Member Schwartz stepped down from the dais because of a potential conflict of
interest as it relates to his relationship with the Mary Jane Duvall Trust Fund. Mayor Settle
asked the Council to consider at the November 10, 1998 meeting an offer by the Mary Jane
Duvall Trust Fund to make a gift of $25,000 for a sculpture to be placed along the San Luis
Obispo Creek Walk. By mutual concurrence, the Council requested staff to agendize this
matter November Ir. Council Member Schwartz returned to the dais.
3. FOOD 4 LESS USE PERMIT (File No. 202 -04)
Council held a public hearing to consider a request to modify an existing use permit to allow
the Foods 4 Less store to operate 24 -hours a day (154 Suburban). Arnold Jonas. Director of
Community Development provided the staff report and recommendations.
Mayor Settle opened the public hearing.
Victor Montgomery, representing the owner, spoke in support of the staff recommendation I
and expressed concerns regarding the potential for transients to loiter about
City Council Meeting Page 7
Tuesday, October 20, 1998 - 7:00 p.m.
Milt Souza owner of Food for Less, stated that the store is independent and locally owned.
Rumors of a merger with Kroegers does not affect the San Luis Obispo store, he added. Mr.
Souza spoke in support of extended hours and clarified that it is for customer convenience,
not extending hours for delivery. He presented a petition in support of twenty-four operations
signed by approximately 1,170 residents.
Bernice Cardoza, 3860 S. Higuera, said that residents of the Silver City Mobile Home Park are
pleased to have the market within walking distance. She stated that she does not believe
extended hours will bother anyone and remarked that it is a good proposal.
Peter Dunan. 52 Mariposa, supports the proposal and encouraged the Council to approve
twenty-four hour operations.
Mayor Settle closed the public hearing.
Council Member Schwartz voiced concern for setting a precedence and commented that he
cannot see any justification for increasing the hours. City Attorney Jorgensen advised that
the use permit applies only to the grocery store and no other commercial use in the center.
Council Member Schwartz remarked that he would not vote to extend hours of operation
beyond 12:00 p.m.
ACTION: Moved by RomeroWilliams to adopt Resolution No. 8861 approving the
request for expanded hours of operation for Food 4 Less to 12:00 midnight from
October 21, 1998 until April 21, 1999, with provisions for an additional six month
trial period for 24 -hour operations, and public review in one year; motion carried (3-
1-1, Schwartz opposed; Roalman absent).
COMMUNICATIONS
None.
BUSINESS ITEMS
Mayor SetHe took the balance of the items in reverse order to receive comments from
members of the public waiting in the audience to speak to Item #6. ;
6. SCULPTURE CONSTRUCTION AGREEMENT (File No. 704-06)
Council considered approving a contract with the Committee for the Sculpture at Railroad
Square and Elizabeth MacQueen for the creation of the "Iron Road Pioneers" sculpture.
Wendy George. Assistant to the CAD, provided the staff report and recommendation. She
noted an error in the staff report regarding the payment schedule and clarified that the draft
agreement attached reflects the accurate schedule.
Council Member Schwartz voiced concern that the agreement does not make any provision
for what might happen if the artist is incapacitated or dies before completing the sculpture.
Mayor Settle opened the meeting for public comment.
Ann Ream, SLO County Arts Council and Chair of Arts in Public Places Committee,
commented that the committee is committed to seeing the project completed and added
' that there are many local artists who could complete it if necessary. She said the project
now has the impetus and momentum to become viable and that the project will be a good
model for more public art in San Luis Obispo.
City Council Meeting
Tuesday, October 20, 1998 - 7:00 p.m.
Page 8
John Gong, 1010 Quintana Road in Morro Bay, reported that the citizen committee is very
committed to the success of the project and provided an update on fund raising efforts.
Mayor Settle returned discussion to the dais.
ACTION: Moved by Williams /Romero to approve a contract with the Committee for
the Sculpture at Railroad Square and Elizabeth MacQueen establishing the
relationship for the three parties in the "Iron Road Pioneers" sculpture project; .
motion carried 4-0-1 Roalman absent).
5. PARTNERSHIP AND FOUNDATION POLICY (File No. 1101-08)
Council considered the Community Partnership and Foundation Policy. Wendy George.
Assistant to the CAO, and Paul LeSage, Director of Parks & Recreation, provided the staff
reports and recommendations.
There was no public comment.
ACTION: Moved by Williams/Romero to 1) adopt Resolution No. 8862 approving a
Community Partnership and Foundation Policy; and, 2) adopt Resolution No. 8863
endorsing a Community Recreation and Parks Foundation, subject to receipt of its
501(c) non -profit status, the formation of a board of directors and approval of
proposed by -laws; motion carried 4 -0-1 Roalman absent).
4. WIDE AREA NETWORK IMPROVEMENTS (File No. 901 -01) 1
Council considered continuing the implementation of the City's fiber optic communication
network strategy and improving the wide area network. Bill Statler. Director of Finance,
provided the staff report and recommendations.
There were no questions from the Council and no public comment.
ACTION: Moved by RomeroWilliams to approve all staff recommendations, as
follows:
1) Authorized the CAO to: A) enter into a cooperative use agreement with
WorldCom in the amount of $30,000 plus use of the City's five inch conduit across
the Elk's Lane Bridge in exchange for sharing their trench and installing City
conduit; B) amend the contract recently awarded to Leo Tidwell Excavating (Spec. #
9706) for installing traffic signal monitoring system interconnect conduit by $11,339
to install fiber optic conduit from the Headquarters Fire Station to Beebee at South
Street; C) enter into an agreement with WorldCom, Tidwell or other vendor in an
estimated amount of $5,000 for installing conduit from Elk's Lane at Prado Road
into the Corporation Yard;
2) Authorized the CAO to approve and issue bid and request for proposal (RFP)
documents for installing fiber to the Corporation Yard, Headquarters Fire Station,
Fire Station No. 3, Fire Station No. 4, Golf Course and City /County Library, and
upgrading data communication management equipment system -wide; and to award
contracts if within budget;
City Council Meeting Page 9
Tuesday, October 20,1998 - 7:00 p.m.
3) Appropriated $220,500 for installing supplemental conduit and fiber funded as
follows: General Fund — $172,800; Water Fund — $13,000; and, Sewer Fund --
$34,700; motion carried 4-0 -1 Roalman absent).
The Mayor then took up Item #C-3, pulled from the Consent Calendar:
C3. AERO DRIVE OPERATIONS AND MAINTENANCE AGREEMENT (File No. 208 -03)
Council considered an agreement with the County of San Luis Obispo concerning Aero
Drive, a public street giving access to the Airport from Broad Street, in connection with the
proposed Aero Drive Annexation.
Council Member Schwartz expressed apprehension in approving the annexation as
proposed if there are no facilities available to serve it and voiced concern that a request for
an exception regarding sewerlseptic may follow. He also mentioned he was concerned
about appearances (lighting, landscaping) and stated that he wants to see uniformity. Staff
advised that the agreement assures the City that the County will pay for extension of the
lines, and further, that improvements will be subject to City design and review standards.
Staff also emphasized that the agreement is independent from the annexation and parking
management conditions are defined whether or not the property is annexed.
ACTION: Moved by Williams /Romero to approve and authorize the Mayor to sign an
agreement with the County of San Luis Obispo concerning parking management,
maintenance and related matters on Aero Drive; motion carried 4-0-1 Roalman
absent).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 9:56 p.m. to Tuesday, November 10, 1998 at 7:00 p.m. in the o cil Chamber, 990
Palm Street, San Luis Obispo. ,
APPROVED BY COUNCIL: 11/10/98
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