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.
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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.
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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
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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.
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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.
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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
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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
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