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HomeMy WebLinkAbout11/09/2000MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, NOVEMBER 9, 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, 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; John Mandeville, Long Range Planning Manager; Ron Whisenand, Development Review Manager; 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; Austin O'Dell, Transit Manager; Ron Munds, Solid Waste 1 Coordinator; Whitney Mcllvaine, Associate Planner; Michael Clarke, City Biologist; Todd Martin, City Arborist MICHAEL CLARKE, CITY BIOLOGIST. Assistant City Administrative Officer Hampian introduced City Biologist Michael Clarke. PUBLIC HEARING ADOPTION OF A RESOLUTION APPROVING THE SALINAS RESERVOIR EXPANSION PROJECT. Utilities Director Moss introduced the item. Water Division Manager Henderson presented the staff report. Consultant Robert Ray summarized environmental issues and mitigation measures developed for the project. Special Legal Counsel Susan Petrovich, Hatch & Parent, addressed comments submitted by Paso Robles and Atascadero Mutual Water Company and advised the Council that they must act to approve the project as described in the EIR. She clarified that the project before the Council now is the project described in the EIR and noted that if the project changes, it will require further environmental impacts. Ms. Petrovich emphasized that the URS Report is not new information as defined by CEGA and confirmed that the Council is not considering incorporation of any of the concepts and/or issues set forth in the URS Report. She mentioned that it is common for consultant reports to differ and asserted that differences of opinion do not render the EIR inadequate. Mayor Settle opened the public hearing. City Council Meeting Page 2 Thursday, November 9, 2000 - 4:00 p.m. Jon Seitz, attorney representing the City of El Paso de Robles, summarized objections to the recommended action as outlined in the letter to the City Council dated October 20, 2000 (on file in the Office of the City Clerk). He urged the Council to not take action at this time, rather to request an extension of time. Tim Cleath, representing the Atascadero Mutual Water Company, expressed concern about how the project will impact the City of Atascadero's water supply. He encouraged the Council to consider the impact up front, before building the project. Tv Green, Sinsheimer, Schiebelhut, Baggett & Tangeman, legal counsel for Atascadero Mutual Water Company, reiterated concerns expressed in his letter of November 9th (on file in the Office of the City Clerk). Tina Salter, Atascadero resident, spoke in opposition to the project and asserted that if the City of SLO doesn't have enough water, it should limit growth. Eric Greening, Atascadero resident, voiced opposition to the staff recommendation because he believes the EIR is inadequate when it comes to addressing steelhead. He urged the Council to conduct further study and establish mitigations to protect the threatened population. He also expressed concern regarding dam safety and asked the Council to petition for a new hearing and make a case for additional time and review. Jude Rock, Santa Margarita resident, urged the Council to delay approval. Pat Mackie, Paso Robles resident, asked the Council to consider the effect on other cities in the County and suggested that approval be postponed until the EIR for Nacimiento project has been completed. Lorraine Scarpace, Paso Robles resident, commented that a supplemental EIR evaluating the dam safety is required and urged the Council to request an extension of time. She asked the Council to explore a "no project" alternative in light of the cost of the project, the impacts anticipated to the Paso Robles basin, the liability for diverting water and the damage to property by the taking. Nancy Haworth Scott , SLO, also urged the Council to postpone approval. Phil Ashley. 1585 La Cita Court, voiced strong opposition to the project and shared concern about the impacts to steelhead. He submitted copies of three letters he has sent to the Regional Water Quality Control Board (on file in the Office of the City Clerk). He demanded that a supplemental EIR is needed. Pam Marshall Heatherington, Executive Director of ECOSLO, also expressed opposition and urged the Council to update the EIR. Suebob Davis. SLO resident, shared concern for the ecosystem and urged conservation. Mayor Settle closed the public hearing. Staff and legal counsel responded to public comments and Council questions. Utilities Director Moss clarified that the Council's action tonight is to approve the project as defined in the EIR and, as such, options to pursue alternative water sources are not precluded. He noted that the Council is not voting to allocate any funding nor is it approving construction of the project at this time. City Council Meeting Page 3 Thursday, November 9, 2000 - 4:00 p.m. Council comments followed. There was general agreement that this project is not the preferred project, but that the proposed action is an important "next step ". Mayor Settle and Council Member Romero agreed that until the City gets some assurances from North County regarding the Nacimiento project, the City has no choice other than to explore other sources of water. Frank Meecham, City of El Paso de Robles Mayor - Elect, commented that while he could not speak for the rest of the Council, he wants to work cooperatively with the City of San Luis Obispo. He added that he supports continuing with the EIR for Nacimiento, but stated that he cannot make any determinations about the project until the EIR has been completed. ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9115 approving the Salinas Reservoir Expansion Project, adopting the California Environmental Quality Act (CEQA) Findings (including Statement of Overriding Considerations), approving the Mitigation Monitoring and Reporting Plan, and directing staff to file a Notice of Determination; motion carried 5:0. Mayor Settle called a break at 6:40 p.m. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Ann Slate Employee Organization: San Luis Obispo City Employee Association ' City Attorney Jorgensen announced Council gave direction to its negotiator. PRESENTATION POET LAUREATE. Mayor Settle presented a proclamation to Herman Castellano -Giron declaring him as the 2001 San Luis Obispo, Poet Laureate and recognized Kevin Patrick Sullivan, founder and artistic director of the Poetry Festival. PUBLIC COMMENT Sifu Kelvin Harrison alleged that City staff, law enforcement and former employers have harassed him and called him a liar. He continues to stand his ground because that is his civil right He asserted that individuals have damaged him personally. Mila Vuiovich -La Barre, San Luis Obispo High School teacher, Rodney Babcock, business owner, and Bill Wilson, member of the American Youth Soccer Organization (AYSO), urged Council to take formal action to reconsider the Prado Road alignment because it divides the Damon - Garcia Sports Fields as currently designed Fred Vernacchia, Board Member of AYSO, and Jeff Whitener, Regional Commissioner of the AYSO, opposed delaying the construction of the sports fields due to any decision regarding the Prado Road alignment. City Council Meeting Thursday, November 9, 2000 - 4:00 p.m. Page 4 Council discussion followed. Staff emphasized that the sports fields will have to be re- designed if a change is made on the road alignment. Mayor Settle. Council Member Marx and Council Member Romero spoke in favor of reconsidering Council's previous action regarding Prado Road alignment. Council Members Schwartz and Ewan objected. ACTION : By majority support of the Council, the matter of the Prado Road alignment will be reconsidered at the January 2, 2001 meeting. Staff directed to notice property owners in the Tank Farm Road area neighborhood between Broad Street and Orcutt Road. Richard Kreisa expressed concerns that the plans for the Mid - Higuera Street Area are contrary to the City's creek setback ordinance. CONSENT AGENDA Council Member Schwartz pulled Item C11. Eric Greening pulled Item C10 for public comment. ACTION: Moved by Romero/Marx to approve the consent agenda, with the exception of C11, C10, as amended, as recommended by the City Administrative Officer; motion carried 5:0. C1. . COUNCIL MINUTES OF TUESDAY, OCTOBER 17, 2000. ACTION: Moved by Romero/Marx to waive oral reading and approve as revised by the Clerk; motion carried 5:0. C2. APPROVAL OF PLANS AND SPECIFICATIONS FOR THROOP PARK RESTROOMS (SPECIFICATION NO. 99828). ACTION: Moved by Romero/Marx to 1) approve plans and specifications for "Throop Park Restroom," Specification No. 99828. 2) Authorize staff to advertise for bids and authorize the City Administrative officer to award the contract if the lowest responsible bid is within the engineer's estimate. 3) Approve transfer of up to $23,000 from the Parkland Development Fund to the project account; motion carried 5:0. C3. PARTICIPATION IN A COUNTY -WIDE DRIVING UNDER THE INFLUENCE REDUCTION PROGRAM. ACTION: Moved by Romero/Marx to 1) adopt Resolution No. 9116 approving participation in a County-Wide Driving Under the Influence Reduction Program. 2) Authorize the Chief of Police to sign all San Luis Obispo County Plays It Safe (SLOCOPS) grant documents on behalf of the City of San Luis Obispo; motion carried 5:0. C4. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE ACTION: Moved by Romero/Marx to adopt Resolution No. 9117 authorizing staff to complete and submit an application for grant monies in the amount of $300,000 from the State Wildlife Conservation Board (WCB), which would be used in support City Council Meeting Thursday, November 9, 2000 - 4:00 p.m. Page 5 of the acquisition of the Foster property in the Irish Hills at the end of Royal Way; motion carried 5:0. C5. ADOPTION OF A RESOLUTION APPROVING FINANCING FOR THE MARSH STREET GARAGE EXPANSION. ACTION: Moved by Romero/Marx to adopt Resolution No. 9118 preserving the City's ability to debt finance $8,000,000 for the Marsh Street Parking Garage Expansion; motion carried 5:0. C6. RESCHEDULE THE DECEMBER 19. 2000 REGULAR CITY COUNCIL MEETING AND SET SPECIAL MEETING DATES FOR CITY COUNCIL GOAL - SETTING AND 2001 -2003 FINANCIAL PLAN DEVELOPMENT. ACTION: Moved by Romero/Marx to 1) cancel the Tuesday, December 19, 2000 Regular City Council Meeting and reschedule it for Tuesday, December 12, 2000. 2) Set dates for Special Council Meetings as part of the goal- setting and consideration of the 2001 -03 Financial Plan process; motion carried 5:0. C7. APPROVAL OF RECOMMENDATIONS INCREASING RECOGNITION OF ADVISORY BODY MEMBERS. ACTION: Moved by Romero/Marx to: 1) post on the City's web page information about each advisory body's purpose; the dates, times and locations of their meetings; and the name, phone number and e-mail address of the primary staff liaison. 2) Provide annually a training session for advisory body chairpersons and new members. 3) Publish periodic informative press releases. 4) Provide business or photo identification cards to the advisory bodies who have requested them. 5) At the discretion of the appointee, administer the Oath of Office to new appointees at either a City Council meeting or at his/her initial advisory body meeting. 6) Develop and publish a Master Calendar of advisory body meetings; motion carried 5:0. C8. APPROVAL OF SOUTH HIGUE_R_A REHABILITATION PROJECT SPECIFICATION No. . 90078. ACTION: Moved by Romero/Marx to 1) approve plans and specifications for "South Higuera Rehabilitation." 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the budget of $2,500,000; motion carried 5:0. C9. AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE. ACTION: Moved by Romero /Marc to adopt Resolution No. 9119 amending the City's Conflict of Interest Code; motion carried 5:0. C10. Public Comments: Eric Greening, Atascadero resident, commented that there is misleading language in the report and urged the Council to look at other methods of disposal. City Council Meeting Thursday, November 9, 2000 - 4:00 p.m. Page 6 Pam Marshall urged the Council to proceed with caution and continue disposing biosolids rather than reuse. Wastewater Division Manager Hix provided clarifying comments in support of the staff recommendation and emphasized that the intent of the RFP is to get proposals for a variety of methods of removing and disposing biosolids. Council Member Ewan suggested that it would be helpful to the Council to receive an update from the County working group tasked with developing recommendations. Assistant City Administrative Officer Hampian recommended that the contract award come back to Council as a business item. ACTION: Moved by Romero/Marx to approve a request for proposals for Management and Disposal/Beneficial Reuse of Biosolids, Specification No. 90179, and authorize soliciting of proposals. Staff was also directed to bring back the contract award for formal Council approval along with an update on work in progress by the County Task Force on Biosolids who are developing recommendations regarding land applications of biosolids county-wide; motion carried 5:0. C11. APPROVAL OF A REQUEST FOR PROPOSALS FOR AN ENVIRONMENTAL IMPACT REPORT CONSULTANT FOR THE CHINATOWN HISTORIC DISTRICT /COURT STREET PROJECT (ER 152 -00). Vice Mayor Schwartz pulled to suggest that the EIR include in the traffic study an analysis of pedestrian and vehicular circulation on Monterey. Council concurred and so directed that this be included in the work scope. ACTION: Moved by Schwartz/Romero to 1) approve the work scope, as revised, for Environmental Impact Report consultant services in separate traffic consultant services in connection with the Chinatown Historic District/Court Street Project and authorize staff to proceed with sending out Request for Proposal documents to qualified consulting firms. 2) Authorize the City Administrative Officer to award the contracts to a qualified consulting firms for the separate EIR and traffic impact study services, contingent upon the developer depositing with the City the amount of the contract plus a 30% administrative fee; motion carried 5:0. APPOINTMENT Al. APPOINTMENT RECOMMENDATION TO THE HUMAN RELATIONS COMMISSION. ACTION: Moved by Marx/Schwartz to appoint Barbara Haddon to the Human Relations Commission to a four -year term to begin immediately and end on September 30, 2004; motion carried 5:0. PUBLIC HEARINGS (continued) 2. APPEAL OF THE TREE COMMITTEE DECISION APPROVING A TREE REMOVAL REQUEST AT 2125 BEEBEE STREET (KARL STEPHENSON, LINDSEY STEPHENSON, DAVID SIMPSON, AND JULIE SIMPSON, APPELLANTS = .RAYMOND UDER. APPLICANT. r u City Council Meeting Thursday, November 9, 2000 - 4:00 p.m. Page 7 Public Works Director McCluskev and City Arborist Martin presented the staff report. Tree Committee Chair Caminiti was also present. Mayor Settle opened the public hearing. Karl Stephenson and David Simpson appellants, spoke in support of the appeal. Ray Uder, applicant, argued in favor of the tree's removal and urged the Council to deny the appeal. Mayor Settle closed the public hearing. Council discussion followed. ACTION: Moved by Marx/Schwartz to adopt Resolution No. 9120 upholding an appeal for a tree removal at 2125 Beebee Street; motion carried 5:0. Mayor Settle called a break at 8:28 p.m. The meeting reconvened at 8:40 p.m. 3. APPEAL OF THE CULTURAL HERITAGE COMMITTEE'S (CHC) FINDING THAT THE STRUCTURE AT 811 EL CAPITAN IS HISTORICALLY AND ARCHITECTURALLY SIGNIFICANT AND APPEAL OF THE COMMITTEE'S RECOMMENDATION THAT THE STRUCTURE BE PLACED ON THE LIST OF CONTRIBUTING PROPERTIES (GP/R/ER 108 -00: MATT OUAGLINO, APPELLANT). Associate Planner Mclivaine presented the staff report. Mayor Settle opened the public hearing. Carol Florence, representing the applicant/owner /appellant, spoke in support of the appeal and submitted proposed findings for inclusion in the draft Council resolution upholding the appeal. Matt Ouaglino, applicant/owner /appellant, argued that the structure is not historically significant. Steven McMasters, Chair of the CHC, reported that the structure meets some but not all of the City's criteria for placement on the list. Mayor Settle closed the public hearing. ACTION: Moved by Romero/Ewan to adopt Resolution No. 9121 thereby not finding the property at 811 El Capitan to be a historic resource and not adding this property to the list of contributing properties; motion carried 5:0. 4. REVIEW OF THE SAN LUIS GARBAGE COMPANY BASE YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION. Utilities Director Moss and Solid Waste Coordinator Munds presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. City Council Meeting Thursday, November 9, 2000 - 4:00 p.m. Page 8 ACTION: Moved by Marx/Romero to 1) approve modifications to the current solid waste and recycling collection system to: A) Eliminate the orange bin recycling service and establish a commingled recycling waste wheeler service. B) Eliminate the Orange Bag Program for refuse collection and initiate a new 19- gallon waste wheeler service. 2) Adopt Resolution No. 9122 increasing solid waste rates by 7.3% to become effective on January 1, 2001; motion carried 5:0. 5. MASS TRANSPORTATION COMMITTEE REPRESENTATION. Public Works Director McCluskey and Transit Manager O'Dell presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Romero/Ewan to 1) introduce Ordinance No. 1377 modifying the By -Laws of the Mass Transportation Committee by specifying that members of the Committee shall be established by resolution of the Council. 2) Adopt Resolution No. 9123 expanding the Mass Transportation Committee to include the addition of two alternate "Members at Large'; motion carried 5:0. COUNCIL LIAISON REPORTS ECONOMIC OPPORTUNITY COMMISSION (EOC) Council Member Marx presented a colored map illustrating locations of EOC participants as well as a spread sheet with programs, contact names, addresses and phone numbers (on file in the Office of the City Clerk). COMMUNICATIONS None. There being no further business to come before the City Council, Mayor %ttle Ojourned the meeting at 9:48 p.m. to Tuesday, November 21, 2000 at 4:q@-p.rr)A7e ¢ounci Chamber, 990 Palm Street, San Luis Obispo. / / J / Lee Pride, City Clerk APPROVED BY COUNCIL: 11/21/00 LP:dr &I —. C