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HomeMy WebLinkAbout11/16/1999MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 16, 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: 5:00 P.M. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code 3 54956.8 Property: Chinatown/Court Street Negotiating Parties: City of San Luis Obispo: John Dunn, Jeff Jorgensen, Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Whether to Negotiate/Acquire/Sell 6:00 p.m. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation/initiation of Litigation, Pursuant to Government Code 3 54956.9 (c) Number of cases: City Attorney Jorgensen announced that the Council met in Closed Session. 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; Karen Jenny, Risk Manager; Keith Opalewski, Parking 1 Manager; Teri Maa, Information Systems Manager; John Shoals, Associate Planner CLOSED SESSION ANNOUNCEMENT 5:00 P.M. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code 3 54956.8 Property: Chinatown/Court Street Negotiating Parties: City of San Luis Obispo: John Dunn, Jeff Jorgensen, Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Whether to Negotiate/Acquire/Sell 6:00 p.m. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation/initiation of Litigation, Pursuant to Government Code 3 54956.9 (c) Number of cases: City Attorney Jorgensen announced that the Council met in Closed Session. City Council Meeting Tuesday, November 16, 1999 - 7:00 p.m. P1. POET LAUREATE - CITY OF SAN LUIS OBISPO. Page 2 ACTION: Mayor Settle presented a proclamation designating Glenna Luschei as San Luis Obispo Poet Laureate. P2. SAN LUIS OBISPO GEOGRAPHIC INFORMATION SYSTEM (GIS) DAY ACTION: Mayor Settle presented a proclamation for GIS Day to John Wade, Director of County Information Systems and representative of the GIS Consortium. He also recognized Walt Bremmer, Head of Landscape Architecture Department at Cal Poly; and Allan Hopkins, Former City GIS Manager. PUBLIC COMMENT Brett Cross objected to placing on the consent calendar the City acquisition of property at 1095 Marsh Street. He argued that the public should have input, and further, criticized the Council for relying on the Downtown Physical Concept Plan when making decisions that will affect the community. Larry Allen from the Air Pollution Control District spoke in support of the City's Trip Reduction Incentive Program and urged that it be continued. Council Member Marx read Dr. Richard Kresja's letter to the Council dated November 16, 1999 expressing concerns about environmental impacts to San Luis Obispo Creek associated with current City projects. Public Works Department staff was directed to provide a written response to Dr. Kresja. CONSENT AGENDA C1. COUNCIL MINUTES. C2. Tuesday, November 2, 1999 ACTION: Moved by Romero /Schwartz to waive oral reading and approve as submitted; motion carried 5:0. ACTION: Moved by Romero /Schwartz to 1) authorize the City Administrative Officer to approve the following contract amendments relative to legal consultant services for the State Water Resources Control Board hearing held for the City's water right permit at Salinas Reservoir: A) Amendment No. 1 to contract dated August 19, 1999 with URS Greiner Woodward -Clyde International- Americas, Inc. increasing the maximum compensation by $14,565 for a total compensation of $843,175. B) Amendment No. 1 to contract dated September 1, 1999 with Hatch and Parent increasing the maximum compensation by $60,000 (using $10,000 contingency previously identified and $50,000 from water fund balance) for a total compensation 1 City Council Meeting Tuesday, November 16, 1999 - 7:00 p.m. Page 3 of $90,000. 2) Authorize the transfer of $64,565 from Water Fund balance for additional costs identified above; motion carried 5:0. C3. COLLABORATION WITH SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR GRANT APPLICATION SUBMITTAL. ACTION: Moved by Romero/Schwartz to adopt Resolution No. 8982 granting approval for the City of San Luis Obispo to collaborate with the San Luis Obispo County Arts Council in submitting grant applications to the United Way of San Luis Obispo County for funding to provide enrichment activities for the City's Sun 'N Fun and Students taking Active Responsibility (S.T.A.R.) child care programs; motion carried 5:0. C4. SECOND READING OF ORDINANCE AMENDING THE ZONING AT 11855 LOS OSOS VALLEY ROAD (PD 102 -96; DEVAUL RANCH). (CONTINUED FROM NOVEMBER 2, 1999) ACTION: Moved by Romero /Schwartz to grant final passage of Ordinance No. 1360 (1999 Series); motion carried 5:0. C5. WATER REUSE PROJECT - CONTRACT TO DEVELOP MITIGATION AND MONITORING PLANS. Utilities Director Moss provided background and responded to questions from the Council. ACTION: Moved by Romero /Schwartz to authorize staff to negotiate with Thomas R. 1 Payne and Associates for Biological Services for Mitigation and Monitoring Plans for the Water Reuse Project and authorize the City Administrative Officer to sign a contract not to exceed $60,000; motion carried 5:0. C6. APPROVAL OF PURCHASE OF REAL PROPERTY ON SOUTH HIGUERA STREET (FILIPPONVDENBOW). ACTION: Moved by Romero /Schwartz to 1) approve the Contingent Agreement for Purchase and Sale of approximately 74 acres of property along South Higuera Street with Herbert Filipponi and Jo Ann Denbow, with the following main provisions: A) purchase price to be $575,000, payable at close of escrow, plus associated expenses estimated at $15,000; B) retirement of two of the three existing development entitlements on the property; and C) the owner of the remaining private parcel having a requirement to consult with the City regarding the location, size, appearance, and other details of permitted residential development and/or other outbuildings on that parcel. 2) Appropriate $65,000 from the Open Space Impact Fee Fund to the project; motion carried 5:0. C7. APPROVAL OF PURCHASE OF PROPERTY AT 1095 MARSH STREET. ACTION: Moved Romero/Schwartz to approve a Purchase and Sale Agreement with the Cheda Revocable Family Survivors' Trust for purchase of the property at 1095 Marsh Street in the amount of $286,000, which includes certain expected and possible additional costs; motion carried 5:0. 1 C8. PURCHASE OF 883 MARSH STREET (PARABLE PARKING LOT SECTION). City Council Meeting Tuesday, November 16, 1999 - 7:00 p.m. Page 4 ACTION: Moved by Romero /Schwartz to 1) authorize the purchase of property (10 feet) located at the rear of 883 Marsh Street for $50,000. 2) Authorize the City Administrative Officer to sign purchase documents and the deed. 3) Appropriate ll $55,000 from the unreserved parking fund balance for the land purchase. 4) Adopt Resolution No. 8983 designating city -owned property at 871 Marsh Street as a public way; motion carried 3:2 (Ewan, Marx). C9. ZONE 9 AGREEMENT FOR REIMBURSEMENT FOR CREEK MANAGEMENT WORK. City Engineer Peterson summarized the recommendations and responded to brief questions. ACTION.: Moved by Romero /Schwartz to approve an agreement with San Luis Obispo Country Flood Control and Water Conservation District Zone 9 and authorize the Mayor to sign; motion carried 5:0. C10. RE- EXAMINATION OF CITY HALL SPACE. NEEDS AND POTENTIAL EXPANSION. ACTION: Moved by Romero /Schwartz to 1) approve a contract with Fred Sweeney of Phillips Metsch Sweeney Moore Architects to perform a re- examination of projected City Hall space needs and the potential expansion of the existing City Hall in the amount of $23,000. 2) Appropriate an additional $8,000 from the unreserved balance of the General Fund to provide sufficient funding for the study; motion carried 5:0. C11. FLOOD MANAGEMENT PLAN —PHASE 2 CITY PROJECT - 90013. City Engineer Peterson summarized the recommendations and responded to brief questions. ' ACTION: Moved by Romero /Schwartz to 1) approve contract with Ouesta Engineering in the amount of $545,529 for the preparation of a Waterway Management Plan, for San Luis Obispo Creek (Flood Management Plan Phase 2) and authorize the Mayor to execute the contract 2) Appropriate an additional $400,000 from Zone 9 Revenue to the project account; motion carried 5:0. C12. CITY'S TRIP REDUCTION INCENTIVE PROGRAM (TRIP). C13. ACTION: Moved by Romero /Schwartz to receive status report on the City's Trip Reduction Incentive Program (TRIP) and approve continuation of TRIP for an additional two years; motion carried 5:0. ACTION: Moved by Romero/Schwartz to 1) adopt Resolution No. 8984, approve a purchase and sales agreement to acquire Lot 3 of the Lathrop Property at a cost of $231,000 for the purpose of expanding the Damon - Garcia Sports Fields site. 2) Appropriate $231,000 from the unreserved General Fund balance for this purchase. 3) Authorize the Mayor to sign the purchase and sales agreement; motion carried 5:0. C14. OPERATION AND MAINTENANCE CONTRACTS FOR PARKING OPERATIONS. ACTION: Moved by Romero/Schwartz to 1) approve requests for proposals for: ' Parking Lot and Garage Cleaning Services (Specification No. 90042); Parking Meter City Council Meeting Page 5 Tuesday, November 16, 1999 - 7:00 p.m. Coin Collection Services (Specification No. 90043); Parking Security Guard Services (Specification No. 90044). 2) Authorize Public Works to solicit proposals. 3) Authorize the City Administrative Officer to award contracts where costs for the best proposals are within the amount budgeted. 4) Approve extensions of the existing contracts until February 29, 2000; motion carried 5:0. C15. CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES. ACTION: Moved by Romero/Schwartz-to 1) approve the "Notice Inviting Bids to Furnish Landscape Maintenance Services, Specification No. 90040." 2) Authorize Public Works to advertise for bids. 3) Authorize the City Administrative Officer to award contracts where low bids are within the amount budgeted. 4) Approve extension of the existing contracts until February 29, 2000; motion carried 5:0. Al. APPOINTMENT OF STAFF FOR THE SAN LUIS OBISPO YOUTH SPORTS ASSOCIATION. Council Member Schwartz voiced opposition because he feels the appointment would not be a wise use of administrative resources, especially for a new group such as this. He suggested that the appointment, if made, should sunset in one year. Council Members Ewan and Marx argued in support of the recommendation noting the importance of having staff input on the development of the sports fields and related activities. City Administrator Dunn advised that it will take a full two years to plan the facilities and proposed that if a sunset is imposed that it be no less than two years. Vice Mayor Romero objected to establishing a sunset period. ACTION: Moved by Romero /Ewan to appoint Ken Hampian, Assistant City Administrative Officer, to serve as an ex- officio (non- voting) member of the San Luis Obispo Youth Sports Association and appoint Paul LeSage, Parks and Recreation Director, to serve as the City's alternate; motion carried 4:1 (Schwartz) COUNCIL LIAISON REPORTS SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY ( SLORTA) Vice Mayor Romero reported that, though full consolidation is unlikely, SLORTA received the "Regional Transit Integration and Consolidation Study." It recommended that SLORTA should integrate operations of all transit systems to the maximum extent possible. The Board directed SLORTA staff to work with the transit operators, transit system personnel and City staff toward achieving this goal. SAN LUIS OBISPO COUNCIL OF GOVERNMENTS ( SLOCOG) Vice Mayor Romero reported that the SLOCOG Board is going forward with a contract for a consultant to research transportation needs and the possibility of imposing a' /z cent sales tax. 1 City Council Meeting Tuesday, November 16, 1999 - 7:00 p.m. Page 6 ECONOMIC OPPORTUNITY COMMISSION (EOC) Council Member Marx reported that the Governor's decision to veto appropriations of 1 $50,000,000 for the CalWORKS Program (subsidized child care) is expected to have local consequences. Without adequate resources for child care expenses, low- income wage earners may chose to return to the welfare system. Senator Jack O'Connell and Assemblyman Abel Maldonado are working on this issue, she added. DOWNTOWN ASSOCIATION Council Member Schwartz attended the recent board meeting of the Downtown Association. He reported that the board is working to find a solution to the congregation of a more rowdy element on Garden Street during Framer's Market. They also discussed the construction of new restrooms behind the Goodwill Industries building on Marsh Street as well as downtown parking issues. PUBLIC HEARINGS Mayor Settle reported that Item #4 has been withdrawn. 1. RIGHT -OF -WAY: 1330 AND 1363 PISMO STREET. (CONTINUED FROM 1999) Associate Planner Shoals provided background and summarized the revised site plan. Mayor Settle opened the public hearing. Tim Ronda, architect representing the applicant, spoke in support of the applicant's revised site plan and responded to questions from Council. Vice Mayor Romero suggested that two more parking places be included. The applicant indicated that it could be done if that is Council direction, but noted that he would prefer not to. 7, Peter Sterios 1340 Pismo Street, spoke representing the Pismo /Johnson Ave Neighborhood Association. He reported that the Association had presented an alternative plan for consideration that addresses concerns of the neighborhood. He contended that proposed parking is inadequate, there are too many units, the orientation of one building is inconsistent with the neighborhood, and new building window orientation is still an issue. He urged the Council to approve the project with the modifications suggested by the neighbors and, further, to maintain a street setback of 20 feet. Evelyn Talmadge, 1408 Johnson Ave, commented that she believes there to be insufficient parking proposed. George Movlan. Executive Director of the SLO Housing Authority, clarified that this project will provide affordable housing for 55 years and meets every City requirement. He added that his architect has addressed all the concerns expressed by the Council at the previous meeting and clarified that there is less need for parking in an affordable housing project than what is required of a market rate development. Council Member Schwartz asked the applicant if he was willing to reduce the units by one. George Movlan replied he was not. Vice Mayor City Council Meeting Tuesday, November 16, 1999 - 7:00 p.m. Page 7 Romero observed that the handicapped parking space seems too far from the handicapped unit. George Moylan replied that the distance is similar to other projects of this type. Council Member Ewan asked the architect if it was possible to wrap the front porch wrap around to the side of the building. Tim Ronda noted it was. Mayor Settle closed the public hearing. Individual Council comments followed. ACTION: Moved by Romero/Ewan to adopt Resolution No. 8985 upholding the appeal, approving the revised mitigated negative declaration and approving the revised project design based on the findings and conditions outlined in Resolution "A"; motion carried 5:0. Mayor Settle called a break at 9:18 p.m. Meeting reconvened at 9:37 p.m. 2. Human Resources Director Slate presented the staff report. Mayor Settle opened the public hearing. There were no comments from the public. Mayor Settle closed the public hearing. ACTION: Moved by Settle/Romero to adopt. Resolution of Intention No. 8986 and introduce Ordinance No. 1361 approving an amendment to the contract between the ' Board of Administration of PERS and the City of San Luis Obispo to provide the 2% at 55 retirement formula for miscellaneous members; motion carried 5:0. 3. INTERIM AIRPORT AREA INFRASTRUCTURE FEES UPDATE. Finance Director Statler presented the staff report and recommendation to increase fees effective November 30, 1999. Mayor Settle opened the public hearing. Scott Lathrop, 1619 La Vineda, expressed concern about the effective date of the increase particularly because he has been in the annexation application process for several months already. While he hopes that his application will be complete by November 30'h, he asked for consideration by the Council to set the effective date at the first of the year instead. glK Attorney Jorgensen advised the Council against lengthening the time because it may then run the risk of encouraging a last minute surge of applications. He suggested that Mr. Lathrop put his concerns in writing and meet with Community Development Department staff right away to determine the status of his application. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Schwartz to increase interim airport area infrastructure fees from $15,538 per acre to $26,236 per acre for annexation and development applications deemed complete after November 30,1999; motion carried 5:0. 4. ACQUISITION OF PROPERTY AT 883 MARSH STREET (CONTINUED FROM OCTOBER 19. 1999 AND NOVEMBER 2, 1999). City Council Meeting Tuesday, November 16, 1999 - 7:00 p.m. Page 8 ACTION: None; item withdrawn. COMMUNICATIONS PROPOSED LEGISLATION CONCERNING COUNTY DEVELOPMENT WITHIN THE CITY URBAN RESERVE LINE Council directed staff to place on a future agenda consideration of City Attorney Jorgensen's draft of legislative language proposed that would require referral to the local agency formation commission whenever a county proposes a development change within the Urban Reserve Line of a City. REPORT FROM AUTO DEALER SUBCOMMITTEE (MAYOR SETTLE AND COUNCIL MEMBER EWAN) Council approved the subcommittee's request to refer auto sales and detail land use alternatives to staff for analysis and gave direction to report back to Council within two to three months. BUSINESS ITEMS 5. YEAR 2000 PREPAREDNESS UPDATE. Fire Chief Neumann and Finance Director Statler summarized the preparedness update as outlined in the staff report. There were no comments from the public. ACTION: Moved by SchwartrJMarx to appropriate $15,000 from the unreserved General Fund balance for the purchase of a back -up file server; motion carried 5:0. 6. REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES TO DESIGN DAMON- GARCIA SPORTS FIELDS. Parks and Recreation Director LeSage presented the staff report. There were no public comments. Council discussion followed. ACTION: Motion by Marx/Ewan to eliminate "youth" as it relates to the primary use; motion passed 4:1 (Romero). Council Member Schwartz - proposed the following revisions to the RFP: Page 3. Add a section about lighting. Parks and Recreation Director LeSage offered the following suggested language: "Lighting. At least one field is to be lighted, depending on other factors, such as budget and community support, more fields may also be lighted ". Page 4. Under Approach, revise as follows the sentence: "Because of the scenic and sensitive nature of the project, landscape architectural design experience and expeFtise shall be is essential and is to be given primary consideration the-in the team selection process." I City Council Meeting Tuesday, November 16, 1999 - 7 :00 p.m. Page 9 • Page 4. Under Phased Approach, revise the sentence as follows: "The selected design team will accomplish necessary environmental and civil engineering componentsi in addition to field and landscape architecture design." "Aspects of the project...... shall be amended by deleting Items # 3 and 13; and by changing Item #12 to Construction drawings and Item #14 to Construction Specifications. Page 5. Under Proiect Budget revise the first sentence as follows: "The City has budgeted $3,035,000 for the design and construction of the Damon - Garcia Athletic Fields, including the public art component(s). • Page 6. Under Phase II, change "working drawings" to "specifications" (two instances); and eliminate redundant title "Phase II ". The proposed amendments were acceptable to the Council. ACTION: Moved by Schwartz/Ewan to 1) approve the request for proposals for consultant services, as amended, to design the Damon - Garcia Sports Fields. 2) Designate the scope of this project as being limited to multiple, turf-based athletic fields and the related support facilities. 3) Authorize contract award by the City Administrative Officer if the selected proposal for Phase I services is within 50% of the $200,000 budget for all design services ($100,000). 4) Authorize the Parks and Recreation Director to complete a contract for Phase II design services with the selected consultant, and authorize the City Administrative Officer to award the contract if the fees for Phase I and Phase II of the design services do not exceed the total design budget of $200,000; motion carried 5:0. There being no further business to come before the City Council, Mayor S le adjourned the meeting at 10:40 p.m. to Tuesday, December 7, 1999 at 7:0 p.m. -Cn the ou it Chamber, 990 Palm Street, San Luis Obispo. I I , APPROVED BY COUNCIL: 1217199 LP:dr 1 Lee Price, C.M.C. City Clerk