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HomeMy WebLinkAbout02/16/1999ROLL CALL: Council Members REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 16, 1999 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Present: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, and Mayor Allen K. Settle City Staff: 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; Ann Slate, Human Resources Director; Mike McCluskey, Public Works Director; John Moss, Utilities Director; Sue Baasch, Utilities Management Analyst and Jeff Hook Associate Planner CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code § 54956.9(c) Number of Cases: 1 City Attorney Jorgensen reported that the Council authorized settlement. PUBLIC COMMENT Mark Buckman, Regional Commissioner for the American Youth Soccer Organization (AYSO), requested support for collaborative efforts to support youth athletic fields on Elks Lane and Bishop's Peak. It was suggested that the AYSO work with the Parks & Recreation Director and Commission. Rick Fabrick voiced concern about discriminatory practices of the Boy Scout of America (BSA) and urged the Council to cancel the City's long term lease agreement with the organization. CAO Dunn reported that he had recently written a letter to the BSA notifying them that under current circumstances when the lease expires within a year or two staff will not recommend renewal unless discriminatory practices are eliminated. CONSENT AGENDA At the request of staff, Item C6 was removed from the agenda. Council Member Ewan pulled Item C5 for discussion. The matter was moved to the end of agenda (see page 7 for action). City Clerk Price presented minor modifications to the Minutes. 1 City Council Meeting Tuesday, February 16,1999 - 7:00 p.m. Page 2 ACTION: Moved by Romero/Marx to approve the consent agenda as recommended by the City Administrative Officer, with the exception of Item C5 and C6; motion carried 5:0. C1. COUNCIL MINUTES Tuesday, January 12, 1999 Tuesday, January 19, 1999 Saturday, January 30, 1999 Tuesday, February 2,1999 ACTION: Moved by Romero/Marx to waive oral reading and approve minutes as revised; motion carried 5:0. C2. STREET MICROSURFACING 1999 -00, CITY PLAN 90007, APPROVAL OF PLANS AND SPECIFICATIONS. (File No. 704 -06) ACTION: Moved by Romero /Marx to 1) approve plans and specifications for the 1999 Street Microsurfacing Project, Specification No. 90007; 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 project budget of $506,000; motion carried 5:0. Note: Vice Mayor Romero noted that in view of the fact that recent work on Pismo Street was poorly done, staff has reported that there is flexibility to include a reseal of the street in this project. C3. APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. (File No. 509 -03) ACTION: Moved by Romero/Marx to adopt Resolution No. 8907 approving the Memorandum of Agreement with the International Association of Firefighters, Local 3523, for the period July 1, 1997, through June 30, 1999; motion carried 5:0. C4. AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE STATE . AGRICULTURAL LAND STEWARDSHIP. (File No. 211 -05) ACTION: Moved by Romero /Marx to adopt Resolution No. 8908 approving the submittal of a grant application to the California Department of Conservation in the amount of $300,000 in support of the acquisition of conservation easements on agricultural properties south of the Airport Area; motion carried 5:0. C5. ABANDONMENT OF STENNER CANYON HYDROELECTRIC PLANT. (File No. 1202- 07) Pulled; see Page 7 for action. C6. COLLABORATION WITH THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR GRANT APPLICATION SUBMITTAL. (File No. 1110 -01) Item pulled per staffs request. No action taken. City Council Meeting Page 3 Tuesday, February 16, 1999 - 7:00 C7. AUTHORIZATION TO THE CHIEF OF POLICE TO SIGN THE "SAN LUIS OBISPO COUNTY PLAYS IT SAFE" (SLOCOPS) GRANT AGREEMENT ON BEHALF OF THE CITY. (File No. 1301 -02) ACTION: Moved by Romero /Marx to adopt Resolution No. 8909 authorizing the Chief of Police to sign the "San Luis Obispo County Plays It Safe" (SLOCOPS) grant agreement on behalf of the City for release of grant funds from SLOCOPS; motion carried 5:0. C8. CITY OF SAN LUIS OBISO AFFIRMATIVE ACTION PLAN. (File No. 502 -03) ACTION: Moved by Romero/Marx to adopt Resolution No. 8910 updating the recruitment goals of the City's Affirmative Action Plan and approve revisions to the City's Anti - Discrimination and Unlawful Harassment Policy (formerly the Sexual Harassment Policy); motion carried 5:0. C9. AMENDMENT TO THE BRIZZOLARA STREET SOUND WALL FEASIBILITY STUDY BUDGET AND PROVISION OF A SUPPLEMENTARY GENERAL FUND APPROPRIATION. (File No. 704 -06) _. ACTION: Moved by Romero/Marx to increase the budget for this project from $25,000 to $30,000 and approve the requisite $5,000 supplementary appropriation from the General Fund; motion carved 5:0. APPOINTMENTS ' Al. HUMAN RELATIONS COMMISSION APPOINTMENT. (File No. 302 -04) ACTION: Moved by Marx/Ewan to appoint Paul Wolff to fill an unexpired term to begin immediately and end on September 30,1999, and thank Melia Parchman for her service to the City: motion carried 5:0. COUNCIL LIAISON REPORTS SLOCOG LIAISON REPORT: Vice Mayor Romero reported that the Highway 46 project has been extended. He also noted that SLOCOG staff is working with Caltrans to modify the railroad signal system in San Luis Obispo. Additionally he said that the need for added bus service in the County had been identified and the board was requesting a consultant to study the matter further. SLORTA is working on an improved bus parking plan. There was also a concern that the State grant funds for the Multi -Model Center could be lost if they were not expended by June 30, 1999. PERFORMING ARTS CENTER (PAC) FACILITIES COMMITTEE: Vice Mayor Romero reported that the work for the new parking structure was underway. He also said the lighting for the Spanish ceiling needed modification and no funds were available. The committee was considering preliminary design study for acoustic clouds for the facility with the cost to be equally shared by Cal Poly, the Committee and the City. DOWNTOWN ASSOCIATION: Council Member Schwartz reported that the Downtown Association was not pleased with the proliferation of downtown newspaper racks. Another worry of the Downtown Association and the SLO Farmer's Market Organization was the sunset clause for AB2340 which allows farmers to sell directly to customers. The Downtown Association Parking Committee had misgivings about the expenditure of City Council Meeting Tuesday, February 16, 1999 - 7:00 p.m. Page 4 Parking Funds for purposes outside the downtown parking district The Downtown Association Beautification Committee is working on a project to define old Chinatown. ' PERFORMING ARTS CENTER (PAC): Mayor Settle reported that he did not support recent action to increase the ticket price to $2.00 to expedite the payment of the loan. EQUAL OPPORTUNITY COMMISSION (EOC): Council Member Marx reported that the local EOC has recently been recognized in Washington, D.C. for exemplary work on the Migrant Head Start Program. PUBLIC HEARINGS Mayor Settle reported noticing problem for Items 2 and 3, and inquired if anyone in audience was present to speak to either item. It was agreeable to those in audience to continue Item 2 to March 2 ^'. There were no members of the public present for Item 3. ACTION: Moved by Ewan /Marx to re- advertise and continue Items 2 and 3 to March 2, 1999; passed 5:0. INTRODUCTION OF AN ORDINANCE IMPLEMENTING THE INCLUSIONARY HOUSING PROGRAM OF THE CITY'S GENERAL PLAN HOUSING ELEMENT AND ADOPTION OF A RESOLUTION AMENDING THE GENERAL PLAN HOUSING ELEMENT. (File No. 208- 02) Associate Planner Hook presented the staff report and recommendations. Council questions followed. Mayor Settle opened the public hearing. Jim Hofman. representing Old Mission Parrish, spoke in support of the ordinance and urged the Council to increase funding for the Housing Trust Fund. John French noted that although the program will reduce developers' profits, he supports the proposed ordinance. George Movlan, Housing Authority, commented in favor of the ordinance. He noted that clauses in the deeds and agreements will protect the integrity of the owner - occupancy requirement during the period of recapture and explained that there are processes to substantiate and enforce income and occupancy requirements. City Attorney Jorgensen mentioned that at the previous public hearing regarding this item, the Housing Authority indicated a willingness to assist the City by administering the program. Mary Whittlesey, inclusionary housing task force member, spoke in support of approval. Rick Fabrick suggested that home owners be allowed to rent out a room if the situation in the household changes. If land is dedicated it should be suitable and affordable units of comparable quality, he added. City Clerk Price read a letter from Cydnev Holcomb, Residents for Quality Neighborhoods, supporting approval and recommending funding be increased for the Housing Trust Fund. Mayor Settle closed the public hearing. FJ 1 1 City Council Meeting Page 5 Tuesday, February 16,1999 -7:00 p.m. Council Member Marx summarized suggestions made to amend the ordinance in her memo dated 2116199 (on file with the City Clerk). Discussion"ensued. There was Council support for amending the ordinance, as suggested by Council Member Marx, as follows: 1) Change throughout.the ordinance, "land dedication" to "real property dedication "; 2) in Section 17.91.151, add "concurrently with" (the close of escrow); and 3) in Section 17.91.170, add "Affordable units for sale subject to shared equity agreements shall be owner occupied ". ACTION: Moved by Ewan /Schwartz to 1) adopt Resolution No. 8911 amending Program 1.22.10 and Table 1 of the Housing Element to modify the Affordable Housing Requirement, and amending Housing Element Policy 1.22.1 and deleting Policy 1.22.4 for consistency with Table 1. 2) Introduce Ordinance No. 1348 to print, as amended, approving an Inclusionary Housing Requirement to implement Program 1.22.10 of the General Plan Housing Element, including the revised Equity Sharing Purchase Program; motion carried 5:0. 8:35 p.m. break called, meeting resumed at 8:50 p.m. 2. MARGARITA AREA (PORTION) ANNEXATION AND PREZONING. (File No. 208 -03 Continued to March 2nd. 3. GEARHART PLANNED DEVELOPMENT AND SUBDIVISION: 915 EL CAPITAN. (File No. 203 -05 - 45 Min.) Continued to March 2nd. COMMUNICATIONS EVALUATIONS OF APPOINTED OFFICIALS: Council Member Marx suggested that a review of the evaluation process of appointed officials be placed on an upcoming agenda. Council agreed to review the process at a later date and after completion of the process currently in- progress. AGRICULTURE ZONE AND GROWTH BOUNDARY: Council Member Marx requested that a draft ordinance establishing an agriculture zone and growth boundaries be placed on an upcoming agenda. Staff noted that preparation of an ordinance establishing the agriculture district will be included in the zoning ordinance update in April, concurrently with or before action plans are reviewed and approved by the Council for this and other City goals. Council Member Marx made a motion that this matter be separated out from the general set of goals and brought back to the Council sooner than the action plans. The motion failed due to a lack of a second. PRESIDENT'S AWARD FOR COMMUNITY SERVICES: Mayor Settle asked for volunteers to serve on the selection committee. Council Member Ewan agreed to serve. City Council Meeting Page 6 Tuesday, February 16, 1999 - 7:00 p.m. BUSINESS ITEMS 4. CAL POLY CAMPUS MASTER PLAN PROCESS. (File No. 1603 -01) Vice Provoste Linda Dalton and members of Cal Poly staff presented a description of the Cal Poly Master Plan Update Project. Mayor Settle encouraged the campus to consider year - round operations and staffing and look at opportunities to expand on other land owned by the State in and around the California Men's Colony and Cuesta College. He also suggested that Cal Poly maintain a close association with the City as it relates to transportation and the continuation of free transit for students/faculty/staff. Lastly, the Mayor recommended that Cal Poly seek ways to mitigate parking and neighborhood impact. Council Member Schwartz urged the process to include a public hearing for the Master Plan and EIR here in San Luis Obispo. In addition, he suggested that members of the project team participate in the Police Department's "Ride - Along" program one weekend night and, further look for opportunities to participate as a partner in acquiring open space lands for agricultural use and green belt preservation. Public Works Director McCluskev summarized concerns expressed in his memo to the Council dated 2116199 (on file with the City Clerk) voicing opposition to Cal Poly's proposal to eliminate free rides on San Luis Obispo Transit for students, faculty and staff. ACTION: Presentation Received. Vice Mayor Romero volunteered to serve on task force regarding transportation. Mayor Settle agreed to serve on task forces relating to intergovernmental relations and /or land use matters. . 5. OPERATIONAL STUDY OF SANTA BARBARA STREET. (File No. 704-06) 1 Council Member Ewan stepped down to a potential conflict of interest (business located on Santa Barbara Street). Public Works Director McCluskev presented the staff report and responded to questions from the Council. Council agreed to amend the scope of work as follows: 1) start at Islay rather than Leff, 2) add another assumption that traffic will increase on Santa Barbara Street in the next 20 -25 years; and 3) consider no left turns as an option. ACTION: Moved by Romero /Schwartz to 1) approve the preliminary scope of work -for the Santa Barbara Street operations study, as amended. 2) Appropriate $20,000 from the General Fund for consultant services. 3) Authorize the Public Works Director to waive standard consultant selection procedures and negotiate directly for consultant services. 4) Authorize the City Administrative Officer to award the contract if the amount is within budget; motion carried 4:0:1 (Ewan refrained due to a potential conflict of interest). 6. 1999 LEGISLATIVE PROGRAM. (File No. 701 -13) City Attorney Jorgensen presented the staff report. He noted that the March 5'" meeting with legislators has been changed to March 19"'. Mayor Settle suggested that the City lobby the State for another ABC inspector, particularly in light of the annual Mardi Gras event and the related under -age use of alcohol. Individual members of the Council proposed additions and revisions to the legislative action priorities, as outlined in the attachment to the resolution. City Council Meeting Page 7 Tuesday, February 16,1999-7:00 p.m... ' ACTION: Moved by Schwartz/Romero to adopt Resolution No. 8912, as amended, establishing legislative priorities for 1999; motion carried 5:0. 7. APPROVAL OF RENOVATION OF 879 MORRO AND RELATED CONTRACTS. (File No. 704 -06) Utilities Director Moss presented the staff report. Council comments and questions followed. Public Comment: Howard Franklin, adjacent property owner, asked staff if there was an expansion to the building footprint planned. Utilities Director Moss reported that there would no increase in building size. —end of public testimony— ACTION: Moved by Schwartz/Marx to 1) appropriate additional funds from the Water Fund ($336,100) and the Sewer Fund ($158,200) to add to the 879 Morro Utilities Office Space Capital Improvement Project. 2) Approve Phase 2 of the time and materials contract for construction, consultation, and management services with Marcia Walther, at a cost not to exceed $43,000. 3) Approve Phase 2 of the architectural design services contract with RRM Design Group, at a cost not to exceed $51,000; motion carried 5:0. Council Member Schwartz summarized recommendations provided in his memo to Council (on file with the City Clerk) and urged the Council to take action to move ahead now on the City Hall expansion. He recommended that the City re- engage Fred Sweeney for re- evaluation of existing schematic plans for the expansion of City Hall in light of new and evolving space needs, and to prepare an updated schematic plan for Council consideration by late summer, early Fall, 1999. City Administrator Dunn indicated that staff can include this proposal as an action step in the work program for the downtown plan, an established major City goal. He noted that staff will bring the work programs to Council for their review and approval in April. ACTION: By mutual agreement, staff was directed to include, and bring back for review /approval in April, an action step in the work program for the 1999 -01 major City goal relating to the Conceptual Physical Plan for the City Center, the engagement of architect Fred Sweeney to re- evaluate existing schematic plans for the expansion of City Hall and to prepare an updated schematic plan for Council consideration. C5. ABANDONMENT OF STENNER CANYON HYDROELECTRIC PLANT. (File No. 1207- 07) Council Member Ewan explained that he had pulled to object to abandonment because he believes it would be imprudent in light of deregulation. He encouraged the Council to make a commitment to providing an alternative source of safe and efficient energy. Utilities Director Moss recommended that, if that is the direction of the Council, a consultant be hired to study how to upgrade the plan and operate it effectively and efficiently. Council Member Ewan argued that if the plant is not losing money and can be a source of power, it should be retained. ACTION: Moved by Ewan/Marx to direct staff to analyze the plant to see what it would take to make it safe and operable; motion carried 5:0. City Council Meeting Tuesday, February 16, 1999 - 7:00 p.m. Page 8 There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:10 p.m. to Thursday, February 25, 1999 at 9:30 a.m. at City Hall, 990 Palm Street, San Luis Obispo for tour of the Adobes and Archaeelenv Lah_ APPROVED BY COUNCIL: 312/99 City Clerk 1 D 1