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HomeMy WebLinkAbout05/18/1999MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 18, 1999 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members 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; Bill Statler, Finance Director; Ann Slate, Human Resources 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 CAO PRESENTATIONS NATIONAL MANAGEMENT ASSOCIATION "MANAGEMENT WEEK IN AMERICA." Presented to Karen Jenny, President, SLO Chapter of NMA. "PUBLIC WORKS WEEK" CELEBRATION Presented to Mike McCluskey, Public Works Director. CLOSED SESSION ANNOUNCEMENT 1. CONFERENCE REGARDING PROPERTY NEGOTIATIONS (15 Minutes) Pursuant to government Code § 54956.8 Property: 1016 Walnut Street Negotiating Parties: City of San Luis Obispo: Capt. Topham Property Owner Representative: Phillip Craig Negotiation: Whether to Negotiate /Acquire City Attorney Jorgensen reported there was no action. 1 1 1 1 City Council Meeting Tuesday, May 18, 1999 - 7:00 p.m. 2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS (20 Minutes) Pursuant to govemment Code § 54956.8 Property: Ah Louis Store, 880 Palm Street Negotiating Parties: City of San Luis Obispo: John Dunn Property Owner Representative: Howard Louis Negotiation: Whether to Negotiate /Acquire City Attorney Jorgensen reported there was no action. Page 2 3. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS (20 Minutes) Pursuant to Govemment Code § 54956.8 Property: 3650 Sacramento Street Negotiating Parties: City of San Luis Obispo Mike McCluskey Property Owner Representative: Charles Senn Negotiation: Whether to Negotiate /Acquire City Attorney Jorgensen reported there was no action. 4. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS (20 Minutes) Pursuant to Government Code § 54956.8 Property: Morganti Property on Los Osos Valley Road at Foothill Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representative: Keith George Negotiation: Whether to proceed with negotiations City Attorney Jorgensen reported there was no action. City Council Meeting Tuesday, May 18, 1999 - 7:00 p.m. 5. CONFERENCE REGARDING PROPERTY NEGOTIATIONS (15 Minutes) Pursuant to Government Code § 54956.8 Property: Damon - Garcia Property (Broad Street) Negotiating Parties: City of San Luis Obispo: Paul LeSage Property Owner Representative: John French Negotiation: Whether to Negotiate /Acquire City Attorney Jorgensen reported no action taken. 6. CONFERENCE WITH LABOR NEGOTIATOR (15 Minutes) Pursuant to Government Code § 54957.6 Page 3 Agency Negotiator: Wendy George /Bill Avery Employee Organization: San Luis Obispo International Association of Firefighters, Local 3523 City Attorney Jorgensen reported there was no action. PUBLIC COMMENT Mila Viyovich -La Barre. San Luis Obispo High School, Co- Director of the 24 -Hour Relay, announced plans for this year's event and expressed appreciation to the Council for their participation. Rick Fabrick reminded the Council that the Human Relations Commission made two recommendations to the City Council regarding the Boy Scouts of America lease agreements. Brett Cross suggested that the Council rent for residential use the City -owned property located at 610 Monterey. Norman Haese, 955 Monterey Street, requested that the City Council improve overhead street lighting. CONSENT AGENDA Council Member Marx pulled Items #C2, C3, and C7. Council Member Schwartz pulled Items #C5 and C8. Mayor Settle pulled Item #C4 and noted that staff had requested that Item #9 be continued to June V. C1. COUNCIL MINUTES Tuesday, April 20,1999 Tuesday, May 4, 1999 Council Member Marx requested a correction to the Minutes of 4120199. C 1 City Council Meeting Tuesday, May 18, 1999 - 7:00 p.m. Page 4 ACTION: Moved by Romero /Schwartz to waive oral reading and approve minutes as amended; motion carried 5:0. C2. APPROVAL OF PLANS AND SPECIFICATIONS FOR SANTA ROSA STREET BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 93 -44F. (File No. 704 -06) This matter was pulled for discussion. Council Member Schwartz commented that he considers this project a good one for utility under - grounding and asked what action can Council take to get under - grounding in the block between Pacific and Marsh. Public Works Director McCluskev reported that the Council has an adopted priority list for under - grounding and suggested that the Council amend the list to include this project. ACTION: Moved by Schwartz/Romero to direct staff to create a mini under - grounding district from Pacific to Marsh to extend to SR under - grounding district and to come back with a resolution; motion carried 5:0. Public Comment: Jim Lopes, 2230 Exposition Drive #30, voiced concern about the proposed removal of a Sycamore tree in the downstream side of the creek and urged the Council to consider an alternative design that would allow the tree to remain, and to further enhance the creek by adding a bench and additional street trees. He:submitted an optional design for the bridge that would result in maintaining the tree (on file with the City Clerk). Brett Cross suggested that the public be notified ahead of time about the tree removal in order to educate the public about how much effort went into saving the tree. —end of public testimony — Civil Engineer Peterson reported that great effort by staff and the consultant went into designing the project with the saving of the tree in mind. The bridge foundation will significantly undercut the roots of the tree and the tree is not likely to survive due to the construction, he said. City Administrator Dunn emphasized the impacts if the project is delayed to re- design it. Council Member Schwartz suggested that staff include street trees in the project Council Member Manx commented that she will not support the recommendation because she believes more could have been done to save the tree. ACTION: Moved by Schwartz/Romero to 1) approve plans and specifications, for "Santa Rosa Street Bridge Replacement Project, Specification No. 9344F." 2) Direct staff to include street trees in the project. 3) 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. 4) Authorize the City Administrative Officer to execute an amendment to the agreement with Quincy Engineering to provide construction engineering. 5) Appropriate $93,300 from the unappropriated balance of the General Fund and $170,800 in grant revenue and move it to the Santa Rosa Street Bridge construction account; motion carried 4:1 (Marx). 1 City Council Meeting Tuesday, May 18, 1999 - 7:00 p.m. Page 5 C3. CREEK WALK PLANS AND SPECIFICATIONS. (File No. 704 -06) This matter was pulled for questions and Council discussion. ' ACTION: Moved by Romero /Ewan to 1) approve plans and specifications for the "San Luis Obispo Creek Walk, Specification No. 9028." 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 Engineer's estimate. 4) Appropriate an additional $97,000 from the un- appropriated balance of the General Fund to fully cover project construction costs; motion carried 5:0. C4. SURPLUS CITY PROPERTY. (File No. 601 -03) This matter was pulled for discussion. Mayor Settle encouraged staff to hold onto specialized equipment, like the backhoe, for back -up. City Administrator Dunn suggested approval and staff will re -look at the usefulness of the backhoe. ACTION: Moved by Settle /Ewan to adopt Resolution No. 8931 declaring equipment as surplus property; motion carried 5:0. C5. CAL POLY ANNEXATION FISCAL IMPACT STUDY. (File No. 208 -03) ACTION: Moved by Schwartz /Ewan to continue the matter for 90 days and direct staff to seek participation by Cal Poly in the cost of the study; motion carried 5:0. C6. PARKING GARAGE EQUIPMENT UPGRADE FOR Y2K COMPLIANCE. (File No. 704- 06) ACTION: Moved by Romero /Schwartz to 1) approve a request for proposals (RFP) for parking garage equipment upgrade. 2) Authorize soliciting of proposals. 3) Authorize the City Administrative Officer to award the contract if the selected proposal is within the Engineer's cost estimate of $200,000. 4) Appropriate $200,000 from the unreserved parking fund working capital balance in order to fully fund the Engineer's estimate; motion carried 5:0. C7. PURCHASE OF MISSION MEDICAL PROPERTY. (File No. 601 -06) Council Member Marx remarked that she had pulled this item to vote in opposition because she feels the Marsh Street Expansion project is being rushed. She added that people in the neighborhood are intimidated by the project and haven't received the promised detail of the project as expected. She asserted that the Marsh Street Parking Structure should be included in the Downtown Parking & Access Plan to allow for better planning. Public Works Director McCluskev reported that the consultant's scope of work includes meeting with the neighborhood, but that step is a few months down the road. He summarized the many Council actions taken to -date. Council Member Ewan stated that he, too, will vote no because of his continued concern that there will be negative traffic impacts as a result of constructing the structure in this location. ACTION: Moved by Romero /Schwartz to 1) authorize the purchase of property located at the rear of 870 Pacific Street for $243,000. 2) Authorize the City Administrative Officer to sign purchase documents and the deed. 3) Appropriate $217,000 from the unreserved parking fund balance for the land purchase; motion 1 carried 3:2 (Marx, Ewan). 1 1 City Council Meeting Page 6 Tuesday, May 18,1999 - 7:00 p.m. C8. OPERATIONAL IMPROVEMENTS TO ROUTE 227 (SOUTH STREET) BETWEEN HIGUERA AND BEEBEE STREETS. (File No. 704 -06) In response to inquiry by Council Member Schwartz. Public Works Director McCluskev reported that CalTrans does not plan on planting the median. ACTION: Moved by Settle /Romero to authorize the City Administrative Officer to execute a cooperative agreement with CalTrans to provide funding assistance to widen a segment of South Street (State Route 227) with the amount not to exceed $50,000; motion carried 5:0. C9. SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION MEMORANDUM OF AGREEMENT. (File No. 509 -04) ACTION: Continued at the request of staff to June 1, 1999. COUNCIL LIAISON REPORTS SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) Vice Mayor Romero reported on the Census and the importance of an accurate count. He also indicated that the Cuesta Grade Project is scheduled to begin in August of 1999. Additionally, he noted that plans to improve Highway 46 are being accelerated due to the recent number of deaths. (Written report on file with the City Clerk). PERFORMING ARTS CENTER FACILITY COMMITTEE Vice Mayor Romero summarized his report on the Performing Arts Center Facility Committee. He reported that the committee is recommending hiring a consultant to study all aspects of the sound conditions. The parking structure earthwork is largely complete. The committee has also received a report on two alternative improvements to the Spanish ceiling in the entries of the main hall. (Written report on file with the City Clerk). INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA) Vice Mayor Romero informed Council that worm bins are available at Farm Supply on Tank Farm Road. He gave an update on the Material Recovery Facility at Cold Canyon Landfill. It is expected that this facility will be operational by late fall 1999. (Written report on file with the City Clerk). PUBLIC HEARINGS APPEAL OF SIDEWALK IMPROVEMENTS AT 1480 ELLA STREET: JUDY PHILBIN. APPLICANUAPPELLANT. (File No. 201 -11) Council Member Ewan stepped down due to a potential conflict of interest (serves as the consultant to the applicantlappellant on the remodel project subject to this appeal). Public Works Director McCluskev provided the staff report and recommendation to deny the appeal. Mayor Settle opened the public hearing. City Council Meeting Page 7 Tuesday, May 18, 1999 - 7:00 p.m. Judy Phibin, appellant, spoke in support of the appeal and argued that installation of the sidewalks is unnecessary. She requested an exemption on both frontages and, further, that the sidewalks be deferred until such time as they would be an asset. Richard Mason, 1973 Fixlini, spoke in support of the appeal and agrees that sidewalks are unnecessary. Robert Seeley, 2001 Fixlini, agrees no sidewalks are necessary. Mayor Settle closed the public hearing. ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8932, as modified, by granting a deferral on Fixlini only, subject to the future determination by the Public Works Department when there is a need; motion carried 3:1:0 (Settle no, Ewan refrained due to potential conflict of interest as stated). Council also directed staff to: 1) participate in the cost of a handicap ramp at Fixlini and Ella, and 2) complete sidewalk improvements on Ella in the next fiscal year. 2. APPEAL OF PLANNING COMMISSION DECISION OF A SETBACK EXCEPTION AT 1734 ALTA: MATT WALL, APPLICANT /DIERDRE STULL AND ARASH PADIDAR, APPELLANTS. (File No. 201 -11) Community Development Director Jonas presented the staff report. Mayor Settle opened the public hearing. Edwin Rambuski, attorney representing the appellant, submitted a packet in support of the appeal and outlining seven alternatives (on file with the City Clerk). He reported that the parties have participated in mediation and have not been able to reach an agreement about how to resolve the issues. He provided points in support of the appeal and, in response to inquiry from the City Attorney, indicated that he would support Draft Resolution #B included in the staff report. Dierdre Stull, appellant, voiced concerns regarding privacy issues in support of her appeal. Mike Wilson. 1730 Alisal Street, spoke in opposition to the appeal and in support the application. Joseph Schwartz, 1750 Alta, spoke in favor of the project as proposed and voiced distress over the conflict between his neighbors. Matt Wall, applicant, presented overhead transparencies demonstrating a screen /fence alternative. He reported that during mediation the two property owners agreed to share the costs for the design, construction and maintenance of a screen. The appellant now wants a solid fence, he added, and noted that he objects to that alternative. He concluded by emphasizing that he is willing to make any reasonable accommodation and urged the Council to approve the alternative he has presented. Mr. Wall submitted a letter from Jack and Peggy Knobloch, 1715 Alta Street, in support of the project as proposed (on file with the City Clerk). Mayor Settle closed the public hearing. ACTION: Moved by Ewan /Settle to adopt Resolution No. 8933 upholding the appeal 1 thereby denying the use permit for a proposed project located a 1734 Alta Street; motion carried 4:1 (Romero). City Council Meeting Page 8 Tuesday, May 18, 1999 - 7:00 p.m. 3. INTRODUCTION OF AN ORDINANCE ADOPTING AMENDMENTS TO THE BUILDING AND FIRE CODES. (File No. 1503 -06 and 205-05) Chief Building Official Baasch and Fire Marshall Drake presented the staff report and summarized the key changes to the codes. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. Council Member Ewan asked questions relevant to the elimination of certain language in the code regarding solar heating. Council Member Ewan voiced objection to losing the ability to install solar systems in condominiums. Chief Building Official Baasch noted that the installation of a solar system are not prohibited, can be installed and are subject to other development application requirements. Council Member Ewan wants to see the installation of piping in all condominiums so that it is there for the use if the owner wants to put one in. Chief Building Official Baasch observed that there might be a better place to put the language rather than in the zoning ordinance and suggested that staff can come back with an ordinance revision in the very near future. He recommended that, in order to avoid delay and to stay in step with State Codes, that the Council proceed with the introduction of the ordinance as proposed. ACTION: Moved by Romero /Settle to introduce Ordinance -No. 1353 to print repealing Chapters 15.04, 15.08, 15.20 and 15.24 creating new Chapters 15.02, 15.04, and 15.08 adopting the 1998 editions of the California Building, Mechanical, Plumbing, Electrical, and Fire Codes, the 1997 edition of the Uniform Administrative, Housing, Dangerous Building, Building (Volume 3), and Fire (Volume 2) Codes, and the 1997 edition of the Uniform Code for Building Conservation, with amendments; motion carried 5:0. ACTION: Moved by Ewan /Schwartz to direct staff to bring back an ordinance revision relating to solar system installation in condominium projects within sixty days; motion carried 5:0. 1 City Council Meeting Tuesday, May 18, 1999 - 7:00 p.m. Page 9 PRESENTATION SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) PRESENTATION OF CUESTA GRADEIMPROVEMENTS. Steve Devencenzi. SLOCOG, and Kathy DiGrazie, Project Manager from CalTrans presented an overview of the Cuesta Grade improvement project and responded to questions from Council. COMMUNICATIONS None. BUSINESS ITEM 4. REDEVELOPMENT AGENCY FEASIBILITY STUDY (CONTINUED FROM APRIL 6. 1999. (File No. 704 -06) Finance Director Statler and ACAO Hamoian presented the staff report. Mayor Settle opened the meeting for public comment. There were no public comments. Mayor Settle returned discussion to the dais. Council discussion ensued. Mayor Settle, Vice Mayor Romero, Council Member Schwartz and Council Member Ewan expressed no interest in pursuing redevelopment. Council Member Marx commented that she finds the 20% set aside for affordable housing component attractive and was hopeful Council would be more interested in discussing the concept. ACTION: Moved by Romero /Ewan to not proceed with forming a redevelopment agency; motion carried 5:0. There being no further business to come before the City Council, Ma meeting at 11:50 p.m. to Wednesday, May 19, 1999 at 7:00 p.m. in the Palm Street, San Luis Obispo. /% /- Lee Price, City Clerk APPROVED BY COUNCIL: 6/1/99 LP:dr ed the '990 1 1