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
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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
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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.
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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.
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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.
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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. '
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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.
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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
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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.
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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
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