HomeMy WebLinkAbout12/07/1999MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 7, 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 CAD; Whitney Mcllvaine, Associate Planner; Barbara Lynch, Civil
Engineer; Terry Sanville, Transportation Planner
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LEGAL COUNSEL: Pursuant of Government Code § 54956.9
Existing Litigation:
Gorham v. City of San Luis Obispo
City Attorney Jorgensen announced that the Council authorized settlement.
PUBLIC COMMENT
Dr. Richard Kreisa voiced concern about Item C -5 and urged the Council to not authorize
additional expenditures for contract environmental monitoring of the Santa Rosa Creek
Bridge project. In addition, he asked for a status report on the City's response to
environmental concerns he has about on -going creek projects expressed in his recent
correspondence to the Council. Staff clarified that Item C -5 is a request for additional
inspection services (and not environmental monitoring) and explained that Public Works
staff would be meeting with Dr. Krejsa about his concerns the following day.
CONSENT AGENDA
ACTION: Moved by Romero/Schwartz to approve the consent agenda as
recommended by the City Administrative Officer, with the exception of C-4 which was
pulled by Vice Mayor Romero; motion carried 5:0.
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Tuesday, December 7, 1999 - 7:00 p.m.
C1. COUNCIL MINUTES OF: TUESDAY, NOVEMBER 16.1999.
ACTION: Moved by Romero /Schwartz to waive oral reading and approve as
amended; motion carried 5:0.
C2. CENTRAL COAST OZONE STUDY.
ACTION: Moved by Romero /Schwartz to appropriate $2,500 from the General Fund
Balance to help offset the cost of the Central Coast Ozone Study performed by the
Air Pollution Control District; motion carried 5:0.
C3. INVITATION FOR BIDS FOR 2000/2001 WATER RECLAMATION FACILITY AND
WATER TREATMENT PLANT CHEMICALS.
ACTION: Moved by Romero /Schwartz to 1) approve a bid package for 2000 -2001
Water Treatment Plant and Water Reclamation Facility chemicals. 2) Authorize staff
to solicit bids. 3) Authorize the City Administrative Officer to award the contract to
the lowest responsible bidder(s) if the bid is within the staff cost estimate. 4)
Authorize the City Administrative Officer to extend the contract for an additional
year if the chemical cost increases are within the lost of living increase; motion
carried 5:0.
C4. LAGUNA LAKE DREDGING PROJECT: REQUEST FOR PROPOSALSLSPECIFICATION
NO. 99110C.
Vice Mayor Romero pulled this item to express concerns outlined in his memo to Council
dated 1213199 (on file with the City Clerk). Public Works Director McCluskey provided the staff
report and summarized the recommendations.
Public Comment:
Brett Cross argued that the proposal will take too long and will disturb the habitat repeatedly.
He urged the Council to proceed with dredging the lake, but added that he hopes it can be
done sooner than twenty years.
End of public comments
ACTION: Moved by Ewan/Marx to 1) approve Request for Proposals for
Environmental and Design Services for the Laguna Lake Dredging project,
Specification No. 99110C and authorize staff to advertise for proposals. 2)
Authorize the City Administrative Officer to sign the consultant agreement if the
proposed contract is less than $123,000; and 3) direct staff to provide interim
reports; motion carried 5:0.
C5. SANTA ROSA STREET BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO.
9344F.
ACTION: Moved by Romero/Schwartz to appropriate $25,000 from the un-
appropriated balance of the General Fund and move it to the Santa Rosa Street
Bridge construction account; motion carried 5:0.
City Council Meeting
Tuesday, December 7,1999 - 7:00 p.m.
C6.
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ACTION: Moved by Romero/Schwartz to grant final passage to Ordinance No. 1361;
motion carried 5:0.
C7. AUTHORIZATION OF APPLICATIONS FOR ENVIRONMENTAL GRANT PROGRAMS.
C8.
ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8987 and Resolution
No. 8988 as amended authorizing staff to complete and submit applications for
grant funds from: 1) The U.S. Environmental Protection agency's State - Local - Tribal
Wetlands Development Grants Program, in the amount of $60,000, which would be
used in support of site planning for wetland and riparian restoration at the Filipponi
property on South Higuera Street. 2) Avila Beach Public Restoration/Mitigation
Grants Program in the amount of $200,000 which would be used in support of
development of the City's portion of the Bob Jones City-to -Sea Greenway; motion
carried 5:0.
ABAN 147 -99.
ACTION: Moved by Romero/Schwartz to adopt Resolution No. 8989 to consider
abandonment, and set a public hearing for January 18, 2000; motion carried 5:0.
C9. CONSIDERATION OF A REOUEST TO ABANDON A PORTION OF EXCESS HILL
STREET RIGHT -OF -WAY: ABAN 153 - 99.359 HILL STREET.
C10.
ACTION: Moved by Romero/Schwartz to adopt Resolution No. 8990 to consider
abandonment, and set a public hearing for January 18, 2000; motion carried 5:0.
ACTION: Moved by Romero /Schwartz to 1) adopt Resolution No. 8991 approving the
reporting of the value of Employer Paid member Contributions as additional
compensation for the San Luis Obispo City Employees' Association (SLOCEA) and
for confidential employees; 2) adopt Resolution No. 8992 approving the conversion
of PERS Employer Paid Member Contributions to compensation for the San Luis
Obispo Police Officers' Association (SLOPOA) and for appointed officials pursuant
to Section 414 (h) (2) of the Internal Revenue Code; motion carried 5:0.
C11. POLICE ADMINISTRATION SEDAN REPLACEMENT.
ACTION: Moved by Romero/Schwartz to 1) authorize Police and Public Works
employees to find a suitable used sedan to replace one existing Police
administration sedan 2) Authorize procurement with City Administrative Officer's
approval; motion carried 5:0.
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Tuesday, December 7, 1999 - 7:00 p.m.
COUNCIL LIAISON REPORTS
AIR POLLUTION CONTROL DISTRICT (APCD)
Council Member Ewan made mention of an APCD news release dated December 2nd
announcing that the APCD Board has expanded its air monitoring program and authorized
participation in the Central California Ozone Study.
ECONOMIC OPPORTUNITY COMMISSION (EOC)
Council Member Marx reported she is working with the EOC to find a suitable location in the
City to relocate their offices.
CHANNEL COUNTIES DIVISION OF THE LEAGUE OF CALIFORNIA CITIES (CCDLCC)
Vice Mayor Romero, President of CCDLCC, reported that the Executive Board met
December V to plan Division meetings for the Year 2000. The focus for programs will
remain on legislative issues.
1.
PUBLIC HEARINGS
Associate Planner Mclivaine provided the staff report and summarized the recommendations.
City Administrative Officer Dunn clarified that the ordinance and resolution are tools for
enabling sidewalk cafes. He added that any proposal would come back before the Council for
specific review and approval, with conditions as appropriate. Community Development
Director Jonas recommended that the Council establish a boundary that is already
established and proposed specifically the CC zone.
Council Member Schwartz expanded upon some of the recommendations set forth in his
memo to Council dated 12/4 (on file with the City Clerk). He proposed that bicycle parking be
prohibited on widened sidewalks, that Mission Style sidewalks be installed from property
line to property line and property line to curb, and that, with the appropriate approval, allow
for sidewalk design to be unique with the property as long as Mission Style materials
(including salt finished adobe colored concrete and 12 "x12" terra cotta tiles) are used. In
addition, Council Member Schwartz suggested that pathways be allowed to weave within
the properties as long as they connect to sidewalks established on either side.
Mayor Settle opened the public hearing.
Tom Swem, Chairman of the Downtown Association Parking Committee, explained that
originally the Association agreed to support a pilot program, but now it's being expanded to
the whole downtown. He voiced concern that the staff report does not reflect the lack of
adequate parking and the impact on parking in the downtown. He said that the Committee
considers the proposed in -lieu fee to be inadequate and asserted that individual property
owners should pay for the cost of lost parking. He urged the Council to not approve Staff
Recommendation #3 and asked for additional time for the Association to review and
provide input.
City Council Meeting
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Joe DeLucia. Thai Classic, commented that while he was in favor of the pilot program and
would have been willing to participate, he still has a number of questions, including who 1
will pay for the improvements.
Mike Spangler, Downtown Association member, shared similar concerns and confusion
about who pays for the improvements. He voiced concerns about lost parking and asked
the Council to protect the Parking Enterprise Fund.
Deborah Holley, Downtown Administrator, indicated that there has not been sufficient
opportunity for the membership to provide input and asked for a three to six month delay.
In response to inquiry from Council Member Schwartz, Public Works Director McCluskev
clarified the schedule for work to be done on the Higuera Street Bridge and added that there
are no structural elements of the culvert in front of the Firestone Grill. Deborah Holley
mentioned that the owner of the Firestone Grill is no longer interested in doing this project
at this time.
Mayor Settle closed the public hearing.
Lengthy Council discussion followed. Changes proposed to the resolution establishing a
policy for widening sidewalks in the downtown were approved, as follows:
1) Define the boundary lines as that area on Higuera between Morro Street and Santa
Rosa;
2) Revise Section 1 A of the resolution to specify that City- initiated proposals shall be
subject to City Council approval;
3) Modify language in Section 2 as it relates to underground basement locations and
provisions for clear zones for pedestrians, further by specifying Mission Style
sidewalk materials;
4) Change "developer" to "applicant' in Section 1C.
Revisions to the proposed ordinance regulating the use of widened sidewalks were
approved, as follows:
1) Add a sunset provision of 24 months.
2) Add a no- smoking provision to the ordinance.
3) Add to Section 5.50.045D provisions for clear zones for pedestrians.
In addition, Council specified that the in -lieu fee shall go to the Parking Fund.
ACTION: Moved by Settle /Ewan to 1) adopt Resolution No. 8993 establishing a
policy for the widening and use of pubic sidewalks downtown, as amended. 2)
Introduce Ordinance No. 1363 regulating where and how sidewalk cafes could
operate in the public right -of -way, as amended. 3) Adopt Resolution No. 8994, as
amended, establishing application fees and annual sidewalk use fees for sidewalk
cafes. 4) Affirm use of the existing in -lieu fee program as an appropriate
mechanism for determining parking requirements for commercial use of widened
public sidewalks. 5) Direct staff to refer the matter to the Downtown Association for
additional input; motion carried 5:0.
2. FORMATION OF UTILITY UNDERGROUND DISTRICT 14: SANTA ROSA - MARSH TO
PACIFIC.
Public Works Director McCluskev provided the staff report and recommendation to approve.
Council questions and comments followed. Council Member Schwartz voiced opposition
City Council Meeting
Tuesday, December 7,1999 - 7:00 p.m.
Page 6
to using Underground Fund monies to accommodate the street widening and indicated that
he believes Monterey Street should be the next priority. Council Member Marx agreed and
proposed a higher priority for Grande/Monterey to Slack. Public Works Director McCluskev
reported that the Council's adopted policy is to do the undergrounding when streets are
widened. City Administrative Officer Dunn commented that it is critical to do the under -
grounding during the widening process. He noted that staff will secure enough funding for
the undergrounding and, in addition, look at other sources as a back -up.
There was no public testimony.
Council revised the priority list (Section 1 of the draft resolution), to read as follows:
District 14 Santa Rosa - Marsh to Pacific
District 15 Higuera - s/o High to Marsh
District 16 Monterey - Santa Rosa to US101
District 17 Broad - Marsh to South
District 18 Area bounded by Santa Rosa, Marsh, California, Monterey
District 19 Grand - Monterey to Slack
District 20 California - San Luis to US101
ACTION: Moved by Ewan/Romero to 1) adopt Resolution No. 8995 approving the
proposed revised priority list for underground districts, as modified. 2) Introduce
Ordinance No. 1362 to amend Section 113.12.040 of the Municipal Code to establish
Underground District 14. 3) Direct staff to proceed with District 14 upon final
passage of the amended Municipal Code; motion carried 4:1 (Schwartz). Note:
Council Member Schwartz indicated that his "no" vote reflects his concern that
more attention is needed on Monterey Street and that it should be the next priority.
BUSINESS ITEMS
3. BRIZZOLARA STREET SOUND WALL IMPLEMENTATION.
Public Works Director McCluskev presented the staff report and summarized the staff
recommendations.
Mayor Settle opened the meeting for public comment.
Brett Cross, 1217 Mariner's Cove, spoke in opposition to the sound wall project because it will
set a precedent and forever change the character of the neighborhood.
Mayor Settle returned discussion to the dais.
ACTION: Moved by Romero /Ewan to support the construction of an articulated
"post and panel" sound wall. The wall will be up to 16 -feet tall and 2,100 feet long,
separated from the Brizzolara Street right -of -way by approximately 9 feet, and will
have landscaping on both sides. 2) Support Caltrans offer to assume the
responsibility for designing and building the sound wall and convey to them the
City's preferred design solution. 3) Recommend to the San Luis Obispo Council of
Governments ( SLOCOG) that up to $75,000 of the City's 1998 State Transportation
Improvement Program (STIP) allocation (totaling $500,000) be reserved for possible
enhancements to the Caltrans standard wall design, as determined necessary the
City. 4) Instruct the Director of Public Works to inform SLOCOG that the City
intends to reprogram the remaining $425,000 of its 1998 STIP allocation, with
City Council Meeting
Tuesday, December 7,1999 - 7:00 p.m.
Page 7
recommendations for an alternate project forwarded to SLOCOG in January, 2000 as
a STIP amendment request. Support reprogramming strategy identified in the staff
report; and further, to include direction to staff to continue to work with Caltrans as it
relates to the design and request that no large and/or healthy trees be cut down;
motion carried 5:0.
Council Member Marx reported on behalf of Sandra Marshall who had intended to make a
request that Council consider co- sponsorship of Earth Day 2000 in Mission Plaza. CAD
Dunn reported that staff has received a written request for consideration and noted that the
request had been forwarded to Parks & Recreation Director LeSage. The matter will come
before the Council at a later date.
Council Member Schwartz reported that the Jack House had a very successful open house
over the past weekend. Approximately 700 visitors toured the house and the media provided
good coverage of the event.
Council Member Ewan commented on Wall Street News articles pertaining to retail sales.
Council Member Marx read her memo to the Council (on file with the City Clerk) requesting
that the Council policy relating to placing matters on the agenda be placed on the agenda
within the next three months for possible revision. City Attorney Jorgensen reported that the
Council previously discussed this issue earlier this year as part of a review of the Council
Policies & Procedures manual. While there was not majority Council support for amending
the provision regarding placing matters on the agenda at that time, he suggested that Council
will have the opportunity to review the issue when the revised document comes back before
the Council in January.
There being no further business to come before the City Council, Ma or Settle adjourned the
meeting at 11:18 p.m. to Monday, December 13, 1999 at y:�0 p.m. in th Co ncil Hearing
Room, 990 Palm Street, San Luis Obispo. r
Lee Price,
City Clerk
APPROVED BY COUNCIL: 114100
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