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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. 7 L 1 L 1 City Council Meeting Page 2 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. Page 3 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. n U City Council Meeting Page 4 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 Tuesday, December 7, 1999 - 7:00 p.m. Page 5 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 LP:dr 1