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HomeMy WebLinkAbout07/18/2000MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 18, 2000 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz (arrived at approximately 4:15 p.m.), and Mayor Allen K. Settle City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; John Moss, Utilities Director; Tim Bochum, Deputy Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAO; Wayne Peterson, Engineer; Gary Henderson, Water Division Manager; Ron Whisenand, Development Review Manager, Peggy Mandeville, Associate Planner, Terry Sanville; Transportation Planner CONSENT AGENDA C1. COUNCIL MINUTES OF TUESDAY JUNE 20. 2000. ACTION: Moved by Romero/Ewan to waive oral reading and approve as submitted; motion carried 4:0:1 (Schwartz absent). C2. FINAL PASSAGE OF ORDINANCE NO. 1371 FOR FROOM RANCH PREZONING: 12395 LOS OSOS VALLEY ROAD ( R 51 -00). ACTION: Moved by Romero/Ewan to grant final passage to Ordinance No. 1371 (2000 Series); motion carried 3:1:1 (Marx opposed, Schwartz absent). C3. REQUEST FOR PROPOSALS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) —PHASE II- FINANCING OPTIONS STUDY (CITY PROJECT 90132). City Engineer Peterson presented some minor modifications to the Description of Work Council accepted the revisions. ACTION: Moved by Romero/Ewan to 1) authorize staff to distribute a Request for Proposals, as revised, for consultants to investigate financing options to meet the fiscal demands of implementing NPDES -Phase II. 2) Authorize the City Administrative Officer to award the contract if the cost of the proposal for Phase City Council Meeting Page 2 Tuesday, July 18, 2000 - 4:00 p.m. One, Study of Financial Options of the work scope is within the $50,000 budget; motion carried 4:0:1 (Schwartz absent). 1 C4. HIGUERA STREET BRIDGE RECONSTRUCTION PROJECT — CONSTRUCTION MANAGEMENT. C5. ACTION: Moved by Romero/Ewan to 1) authorize the City Administrative Officer to execute an amendment to the agreement with Martin, Rivett & Olson (formerly Martin & Kane) to increase environmental monitoring services. 2) Appropriate $142,000 from the unappropriated balance of the General Fund to support the increased level of environmental monitoring; motion carried 4:0:1 (Schwartz absent). ACTION: Moved by Romero/Ewan to adopt Resolution No. 9068 authorizing staff to complete and submit an application for grant monies in the amount of $65,000 from the California Coastal Salmon Recovery Program, to be used in support of the acquisition of the Foster property in the Irish Hills at the end of Royal Way; motion carried 4:0:1 (Schwartz absent). C6. AGREEMENTS WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING PROPERTY -TAX REVENUES FROM FOUR ANNEXATIONS IN THE AIRPORT AND MARGARITA AREAS. ACTION: Moved by Romero/Ewan to adopt Resolution Nos. 9069, 9070.9071, 9072 accepting the negotiated exchange of property-tax revenues and annual property- tax increments for the four annexations, under which the County would receive all property taxes and the City would receive all sales taxes; motion carried 4:0:1 (Schwartz absent). C7. Council Member Marx pulled this item to suggest that it be postponed until more information has been received regarding the construction bid. Staff noted that the application process is a lengthy process and proposed the Council proceed with approving the application in an effort to avoid missing important State deadlines. It was clarified that moving ahead with the application process will not obligate the City or incur any liability. ACTION: Moved by Romero/Ewan to adopt Resolution No. 9073 authorizing staff to complete and submit an application for a loan in the amount of 5.4 million dollars from the California Infrastructure and Economic Development Bank (CIEDB) to assist in financing the Marsh Street parking garage expansion; motion carried 4:0:1 (Schwartz absent). C8. GENERAL MUNICIPAL ELECTION FOR NOVEMBER 7. 2000. ACTION: Moved by Romero/Ewan to 1) adopt Resolution No. 9074 calling a General Municipal Election to be held Tuesday, November 7, 2000, for the election of certain ' officers as required by the provisions of the Charter. 2) Adopt Resolution No. 9075 I l ll City Council Meeting Tuesday, July 18, 2000 - 4:00 p.m. C9. Page 3 requesting the San Luis Obispo County Board of Supervisors to consolidate the election with the Statewide General Election; motion carried 5:0. ACTION: Council unanimously agreed to continue Recommendations #3, 4 and 5 regarding the submission of a proposed Charter Amendment regarding binding arbitration (citizen- initiated) to a special meeting on July 28, 2000. Natural Resources Manager Havlik distributed copies of a revised agreement and noted that the primary purpose of the agreement is to outline responsibilities of the County and the SLO Land Conservancy. The City, as the property owner, must approve the agreement at this time to allow the project to move forward, he added. Council questions followed. In response to inquiry from Vice Mayor Schwartz, Natural Resources Manager Havlik agreed to provide to Council additional information about how much of the property's prime soil can be used for farming. Council Member Marx asked if there are other properties in the City that could better be served by restoration. Natural Resources Manager Havlik replied that he is not aware of any other property that will benefit as much as this one and emphasized that the County will contribute $200,000 to significantly enhance this degraded riparian corridor. He added that there will be more than a sufficient amount of property available for water reuse after restoration. ACTION: Moved by Schwartz[Marx to approve the agreement, as amended, between the City of San Luis Obispo, County of San Luis Obispo, and Land Conservancy of San Luis Obispo County regarding the use of the Filliponi Ecological Area for mitigation purposes, subject to non - substantive changes approved by the City Attorney and authorize the Mayor to sign the Agreement and asked staff to consider the Council's concerns regarding the use of the City owned property for farming and/or water reuse; motion carried 5:0. C10. ANIMAL SERVICES AGREEMENT. ACTION: Moved by Romero/Ewan to adopt Resolution No. 9076 authorizing the Mayor to sign a three -year agreement for Animal Control Services; motion carried 4:0:1 (Schwartz absent). BUSINESS ITEMS 1. SALINAS RESERVOIR EXPANSION PROJECT — DAM SAFETY EVALUATION. Utilities Director Moss and Water Division Manager Henderson provided the staff report. Council Member Romero commented that the recommended approach appears rather conservative given the fact that the dam is fundamentally secure. Consultant Robert Ray, URS Corporation, commented that the project would require a Supplemental Environmental Impact Report before proceeding further. He pointed out that primary impacts are expected to be short-term and related to the construction trucks and noise. Staff added that a full report of all water use options available to the Council is forthcoming and emphasized that the Salinas Reservoir Expansion Project is only one project of several potential projects. City Council Meeting Tuesday, July 18, 2000 - 4:00 p.m. Page 4 Mayor Settle opened the meeting for public comment. Eric Greening, Atascadero resident, voiced appreciation for the conservative approach and explained that most of his original concerns about the project have been addressed. Staff responded to additional questions from Mr. Greening. Mayor Settle returned discussion to the Council. ACTION: Report received and filed. 2. RESOLUTION IN SUPPORT OF SENATE BILL 1629: THE GOOD HIGHWAYS FOR THE 21 CENTURY ACT. Transportation Planner Sanville presented the staff report and clarified the difference between the Bicycle Advisory Committee and staff recommendations. In addition, he suggested a minor change In the wording of the draft resolution (Add the word "bikeway" to Section 1 A before the word "provisions "). Council agreed to the revision. Mayor Settle opened the meeting for public comment. Bruce Collier, BAC, spoke in favor of supporting the bill as it is currently written. Even though it is likely that the bill will be amended in the legislature, he commented that he still hopes Council will support it. He noted that the amendment suggested by staff is acceptable. Mayor Settle returned discussion to the Council. Council Member Marx suggested the following amendment to the first paragraph of Section 1 of the draft resolution: Change "...legislation if it is amended..." to "...legislation and recommend that it be amended... ". The amendment was agreeable to Mr. Collier and approved by the Council. ACTION: Moved by Marx/Ewan to 2) adopt Resolution No. 9077 as amended, supporting the passage of Senate Bill 1629, if it is amended to: exclude local and collector residential streets (roads within residential districts forecast to cant' 3,000 vehicles per day or less); enable the phasing of street improvements; and define important terms that are used to determine the bill's application, and forward it to the City's State legislators; motion carried 5:0. 3. PUBLIC ART FOR HIGUERA STREET BRIDGE (CITY PROJECT 99504A). City Engineer Peterson and Assistant to the CAO George presented the staff report and responded to Council questions. Public Comment: Allen Root and Dave Curry co- artists, responded to questions from Council. --end of public comment— ACTION: Moved by Schwartz/Ewan to 1) approve the Higuera Street Bridge public art proposal. 2) authorize the City Administrative Officer to execute an agreement with the artist; motion approved 5:0. City Council Meeting Page 5 Tuesday, July 18, 2000 - 4:00 p.m. 4. NATURAL RESOURCE INVENTORY, 1 Natural Resources Manager Havlik presented the staff report. Public Comment: Phil Ashley, urged the Council to include all plant and animal species in the biological inventory. ---end of public comment— Vice Mayor Schwartz suggested the following revisions to the initial emphasis for the biologist: Amend #2 on page 4-3 to read as follows: "Furtherance of natural resource inventory work though some combination of: 1) consultant assistance, 2) direct involvement (including participation in reconciling identified land use - sensitive resource conflicts through the specific planning process), and 3) cooperative studies with Cal Poly and other agencies." Revision approved by the Council. ACTION: Moved by Marx/Ewan to 1) approve the recommended approach to furthering work on the Natural Resources Inventory through the current updating of the City's General Plan Conservation Element. 2) affirm that the Inventory is a "work in progress," and will change over time, as new information is developed for private properties (e.g., through specific plan preparation and environmental studies of development proposals), and for City-owned open space lands, as inventory work is completed for those lands; motion approved 5:0. 1 Council adjourned to closed session at 5:42 p.m. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Ann Slate Employee Organization: San Luis Obispo Police Officers Association City Attorney Jorgensen reported that the Closed Session was conducted. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Wendy George Employee Organization: San Luis Obispo Firefighters' Union, IAFF, Local 3523 City Attorney Jorgensen reported that the Closed Session was conducted. PROCLAMATIONS Mayor Settle presented a proclamation to Katchy Andrews recognizing her service of 24 years on the Jack House Committee. City Council Meeting Page 6 Tuesday, July 18, 2000 - 4:00 p.m. Mayor Settle presented a proclamation to Lori Silvaggio and company proclaiming July 27, 1 2000 as San Luis Jazz Dancers' Day. The dancers will represent the United States in the first Cuban International Performing Arts Exchange in August 2000. Mayor's announcement regarding matters relating to Binding Arbitration: Mayor Settle announced that Item C8 (Recommendations 3, 4, and 5) and Item 6 deal with related charter amendment matters that are the subject of ongoing discussions between representatives of the City and the Police and Fire Associations and that those discussions are not concluded. He reported that the Council has agreed with the counsel for the Police Officers' Association that those discussions should be confidential and, therefore, the Council has decided to continue these two agenda items until July 28 at Noon. He explained that the continuance will allow the City and the Associations the greatest chance of successfully discussing the issues related to the ballot initiatives and, further that it will not have any effect on submitting both initiatives to the County for inclusion on the November ballot. The Mayor noted that at the July 28th meeting, representatives of the Police and Fire Associations will be given an opportunity to make presentations, but there will be no presentations tonight in view of the ongoing meetings. He recommended that Council take action this evening on C8, Recommendations 1 and 2 to allow the Clerk to proceed with steps necessary to begin the November election process. Public Comments: Jason Berg, President of the SLO Police Officers Association, objected to the Council postponing action to put the citizens' initiative on the ballot. 1 Jeff Zimmerman, President of the SLO Firefighters Union, commented that he cannot confirm that by the next meeting date there will be an agreement reached in the ongoing labor negotiations. He asked the Council to not delay in placing the citizens' initiative on the ballot. —end of public comment— ACTION: Moved by Ewan/Schwartz to approve Item #C8, Recommendations 1 and 2; motion carried 5:0. ACTION: Moved by Marx/Romero to continue Item #C8, Recommendations 3,4 and 5 to July 28"' at noon; motion carried 5:0. ACTION: Moved by Ewan/Marx to continue Item #6 to July 28"' at noon; motion passed 5:0. PUBLIC COMMENTS There were no comments on items not on the agenda. PUBLIC HEARINGS 5. WIRELESS TELECOMMUNICATION FACILITIES. ' City Council Meeting Page 7 Tuesday, July 18, 2000 - 4:00 p.m. A. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION ACTION REGARDING A WIRELESS ANTENNA AND EQUIPMENT INSTALLATION AT ZERO (0) HIGUERA STREET (ARC 36 -000). Council Member Ewan stepped down from the dais due to a potential financial conflict of interest. Associate Planner Peggy Mandeville provided the staff report. Mayor Settle opened the public hearing. Emily Haebib, Alpine PCS, urged the Council to deny the appeal and approve the permit. Roy Imato, representing the applicant Pacific Bell Wireless, voiced support for the staff recommendation and responded to questions from the Council. He submitted a petition signed by 236 individuals in support of the application (on file with the City Clerk). Ross Hightower, local agent for Pacific Bell Wireless, spoke in support of the application noting that another carrier will enhance services and lower costs for consumers. He noted that visual impact will be minimal and stressed that the site is appropriate. Don Gates, Chumash Village resident, urged the Council to deny the appeal and look at other locations to locate future wireless antennas. He proposed that the appearance of the facilities on the current site be softened with landscaping. In addition, he noted that radio interference is frequent and proposed that it may be due to the wireless facilities located on the hillside. ' Carrie Margeson, Villa Fontana resident, commented that the hilltop is turning into an eyesore and encouraged the Council to not expand the site. Larry Stabler, appellant, addressed the points of his appeal outlined in supplemental documentation (on file with the City Clerk), including concerns about the close proximity to households and the electro-magnetic fields which may cause some health impacts due to low level exposure. He recommended that future proposals be located at different sites. On this hillside, he suggests that native plant materials be installed around the compound, camouflage monopoles and/or create monopoles designs to look like a pine tree. Other solutions include the color of paint or rockscape. Other concerns expressed were about the process, including his concern that General Plan policies are not being followed. Rink Ayres, AirTek Communications on behalf of Chameleon Engineering, suggested that the application is within the scope of what is allowed and disputed concerns regarding radio interference and health hazards. City Attorney Jorgensen advised the Council that radio emissions are regulated by the FCC and explained that the Council cannot deny a project as long as it meets FCC guidelines. Bill Thoma, SLO resident, urged the Council to not confuse electro- magnetic fields with the appeal. Roy Imato provided some rebuttal comments and addressed the merits of the project. 1 Mayor Settle closed the public hearing. City Council Meeting Tuesday, July 18, 2000 - 4:00 p.m. Page 8 ACTION: Moved by Romero/Marx to adopt Resolution No. 9078 upholding the action of the Architectural Review Commission granting final approval to the project, based on findings and subject to conditions of approval; motion carried 4:0:1 (Ewan refrained due to a potential conflict of interest). B. REVIEW OF THE CITY'S CURRENT GENERAL PLAN POLICIES RELATED TO LOCATION OF TELECOMMUNICATIONS FACILITIES Council Member Ewan returned to the dais. Associate Planner Peggy Mandeville provided the staff report. Public Comments: Emily Haebib, Alpine PCS, used overhead transparencies to demonstrate how fagade, whip or panel mounted antennas can be disguised. She urged the Council to direct staff to evaluate other zones for the location of wireless telecommunication facilities. Gordon Bell, Bell & Associates, said he would like the City to consider amending the current ordinance by adding other zones, including commercial districts. The South Hills site is not adequate for all carriers, he pointed out. Larry Kay, Freeman -Kay Associates, also encouraged the Council to re- examine the ordinance and expand areas providers may go into. He suggested that the Council consider some City owned property as potential locations, which would result in the receipt of revenue from the leases. Poles may soon be a thing of the past, he concluded. Emily Hebib availed herself for educating staff and commissions. Rink Ayres distributed pictures of alternatives for establishing sites. Larry Stabler suggested that the Council research the long -term effects of these facilities on the public health and, further to consider suggested improvements for the South Hills site. —End of public comments— Council discussion ensued. Council Member Marx suggested that the matter be referred to a subcommittee of staff and members of the Architectural Review and Planning Commissions for review and to develop recommendations for revisions. Community Development Director Jonas reported that staff doesn't have the resources to take on that task, unless Council is willing to change priorities. Council Member Romero suggested that the Council let staff work with people in the industry to look at alternatives. Vice Mayor Schwartz expressed support for the offer by Ms. Hebib to let the industry educate the Council, commissions and public about wireless. Council Member Ewan suggested that the City improve its own compound to set.the example. ACTION: Moved by Ewan/Romero to reaffirm that staff and the Architectural Review Commission are implementing the City's General Plan policies regarding the location of telecommunications facilities appropriately and direct staff to evaluate the appropriateness of allowing wireless telecommunication facilities to locate within other zones of the City if the facilities can be incorporated into the building City Council Meeting Page 9 Tuesday, July 18, 2000 - 4:00 p.m. design without being visible in conjunction with a future batching of zoning ordinance amendments; motion carried 5:0. 6. BINDING ARBITRATION. ACTION: Continued to 7/28 at noon. MARSH STREET PARKING STRUCTURE - CONSTRUCTION BID RESULTS. Deputy Public Works Director Bochum provided the staff report. Fred Sweeney, architect, addressed some of the quantitative and subjective discrepancies in the bid analysis as outlined in his memo to staff dated 7/18100 (on file with the city clerk). Further and more extensive review is needed to determine just how the project came in so much higher than the architect's construction cost estimate. Public Comments: Tom Swem, Downtown Association Parking Committee Chair, encouraged the Council to take the time to ensure that the project will be financially feasible. He suggested that other financing options be explored. —end of public comments-- - Council Member Romero recommended that the metric requirement, the bridge, gazebo and elevator components of the project be removed. Further, he proposed that a synchronized traffic signal be installed at the crosswalk to reduce costs. Council Member Ewan agreed ' but voiced concern that a re- design might be necessary. Vice Mayor Schwartz and Mayor Settle concurred with the recommendation to eliminate the metric requirement. ACTION: Moved by Marx/Romero to 1) reject all construction bids received on July 12, 2000 regarding the Marsh Street Parking Structure Expansion Project. 2) Receive an update on staff's investigation as to why bids received were substantially above engineer's estimate for the project and direct staff to return as soon as possible with a more detailed report as to alternatives to the existing project design and a revised bid package; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Romero summarized the July 12`h Integrated Waste Management Authority meeting (on file in the City Clerk's office). Council Member Romero summarized the July 5`h San Luis Obispo Regional Transit Authority meeting (on file in the City Clerk's office). None. 1 COMMUNICATIONS City Council Meeting Tuesday, July 18, 2000 - 4:00 p.m. Page 10 There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 9:58 p.m. to Thursday, July 20, 2000 at 4:00 p.m. in th rary Community Room, 995 Palm Street, San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 8/15100 LP:dr r 1