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01/09/2001ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Long Range Planning Manager; Tom Baasch, Chief Building Official; Ron Whisenand, Development Review Manager; Ann Slate Human, Resources Director; Bill Statler, Finance Director; Jim Gardiner, Police Chief; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Rob Bryn, Neighborhood Services Manager; Ron Munds, Solid Waste Coordinator; Todd Martin, Arborist; Don Wright, Code Enforcement Coordinator; Gil Trujillo, Assistant City Attorney; Darren Drake, Fire Marshall; Tim Bochum, Deputy Public Works Director; Captain Cliff Chelquist, Brandi Dieffenderfer, Police Captain; Keith Opaleski, Parking Manager STUDY SESSION PROGRESS REPORT ON THE NEIGHBORHOOD SERVICES AND CODE ENFORCEMENT PROGRAMS. CAO Hampian and Police Chief Gardiner introduced the study session. Neighborhood Services Manager Bryn presented an overview of enhanced neighborhood service programs including crime prevention and the Working to Improvement Neighborhoods (WIN) public information program. Chief Building Office Baasch and Code Enforcement Coordinator Wright summarized the code enforcement program. Council questions followed. Public Comments: Cvdnev Holcomb, Residents for Quality Neighborhoods (RON) Chairperson, complimented staff and expressed a desire to see the Neighborhood Services Program funded at the same level as the Economic Development and Natural Resource Management programs. She also encouraged the Council to develop a plan for the future. Al Bonan, apartment manager and member of RON, suggested that the City is not charging enough business license taxes for absentee landlords. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 9, 2001 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Long Range Planning Manager; Tom Baasch, Chief Building Official; Ron Whisenand, Development Review Manager; Ann Slate Human, Resources Director; Bill Statler, Finance Director; Jim Gardiner, Police Chief; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Rob Bryn, Neighborhood Services Manager; Ron Munds, Solid Waste Coordinator; Todd Martin, Arborist; Don Wright, Code Enforcement Coordinator; Gil Trujillo, Assistant City Attorney; Darren Drake, Fire Marshall; Tim Bochum, Deputy Public Works Director; Captain Cliff Chelquist, Brandi Dieffenderfer, Police Captain; Keith Opaleski, Parking Manager STUDY SESSION PROGRESS REPORT ON THE NEIGHBORHOOD SERVICES AND CODE ENFORCEMENT PROGRAMS. CAO Hampian and Police Chief Gardiner introduced the study session. Neighborhood Services Manager Bryn presented an overview of enhanced neighborhood service programs including crime prevention and the Working to Improvement Neighborhoods (WIN) public information program. Chief Building Office Baasch and Code Enforcement Coordinator Wright summarized the code enforcement program. Council questions followed. Public Comments: Cvdnev Holcomb, Residents for Quality Neighborhoods (RON) Chairperson, complimented staff and expressed a desire to see the Neighborhood Services Program funded at the same level as the Economic Development and Natural Resource Management programs. She also encouraged the Council to develop a plan for the future. Al Bonan, apartment manager and member of RON, suggested that the City is not charging enough business license taxes for absentee landlords. City Council Meeting Tuesday, January 9, 2001 - 4:00 p.m. Page 2 Ray Nordquist, resident and member of RON, voiced some concerns relative to parking district enforcement and suggested that citations are not issued as often as they should be. He added that he hopes the Council will consider alternatives, including contract enforcement to ensure citations are issued on a regular basis. In addition, he encouraged the Council to urge Cuesta College and Cal Poly to provide adequate housing on campus for their students. Leo Pinard, Buchan Street resident, spoke in favor of a parking district in his residential neighborhood. He also proposed that signs indicating that drivers are entering the `bid town" might also provide a visual reminder to drivers to slow down. Naoma Wright, RON member, complimented staff on Neighborhood Services and Code Enforcement programs. —end public comments — Mayor Settle adjourned the study session at 5:32 p.m. and called a recess. At 7:00 p.m., the meeting resumed. PRESENTATION TEACH ELEMENTARY SCHOOL 57 GRADE COMMUNITY ACTION PROJECT. Joyce Hunter, Principal of Teach Elementary School, introduced students: Skuala Baxmeyer, Everett Beaton, Hanna Vacanti, Tara Hanover, and Jenna Lee. The students described their individual Community Action projects. Mayor Settle presented to each a Certificate of Appreciation, a City pin, and a Natural Resources Poster. PUBLIC COMMENT Sifu Kelvin Berman Harrison described a recent incident during which he felt discriminated against and, further, reiterated his concerns that he has been discriminated against and that he has been harassed by law enforcement, the Economic Opportunity Commission (EOC) staff and his current employer. CONSENT AGENDA C1. COUNCIL MINUTES OF TUESDAY, DECEMBER 5, 2000 AND TUESDAY, DECEMBER 12. 2000. ACTION: Moved by SchwarbJEwan to waive oral reading and approve as submitted; motion carried 5:0. C2. REQUEST FOR BIDS FOR A HYDRO- CLEANER/COMBI NATION UNIT. ACTION: Moved by Schwartz/Ewan to 1) approve the request for bids for a Hydro - Cleaner /Combination Unit. 2) Authorize the award by the City Administrative Officer if the net lowest responsible bid is within the budget estimate of $150,000; motion carried 5:0. 1 1 1 City Council Meeting Page 3 Tuesday, January 9, 2001 - 4:00 p.m. C3. APPROVE THE USE OF PROMOTIONAL COORDINATING COMMITTEE (PCC) ENHANCED PROMOTIONAL FUNDS. C4. C5. C6. C7 C8. C9. ACTION: Moved by SchwartzJEwan to approve the Promotional Coordinating Committee's recommendation to allocate $15,000 of Enhanced Promotional Funds for a unique advertising opportunity with American Express Destination Guide; motion carried 5:0. SEWER, WATER AND STREET IMPROVEMENT PROJECT: SANTA ROSA — MONTEREY — CALIFORNIA STREETS, SPECIFICATION NO. 90151. ACTION: Moved by SchwarbJEwan to approve the award to and execute a contract with Granite Construction in the amount of $1,646,832 for the Sewer, Water and Street Improvement Project: Santa Rosa — Monterey — California Streets, Specification No. 90151; motion carried 5:0. ACTION: Moved by Schwartz/Ewan to grant final passage to Ordinance No. 1380 (2001 Series); motion carried 5:0. RELOCATION AND UNDERGROUNDING OF UNION PACIFIC RAILROAD'S SIGNAL WIRES. ACTION: Moved by SchwartzJEwan to authorize the City Administrative Office to execute an agreement with the Union Pacific Railroad Company to relocate and place underground signal wires extending from the Coast Surfliner layover facility to Orcutt Road; motion carried 5:0. APPROVE THROOP PARK RESTROOM, SPECIFICATION NO 99828. ACTION: Moved by Schwartz/Ewan to 1) approve the contract with Maino Construction Company in the amount of $107,000 for "Throop Park Restroom," Specification No. 99828 and authorize the Mayor to execute the contract. 2) Approve the transfer of $58,800 from the Parkland Development Fund to the project account; motion carried 5:0. APPROVE THE CONTRACT FOR PHASE II GROUNDWATER EVALUATION STUDY. ACTION: Moved by Schwartz/Ewan to approve the contract with TEAM Engineering and Management for an amount not to exceed $27,000 for preparation of the Phase II Groundwater Evaluation Study; motion carried 5:0. FINAL MAP APPROVAL FOR TRACT 2330 (EL CAPITAN WAY — KELLY GEARHART, SUBDIVIDER). ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9140 approving the Final Map for Tract 2330 and authorizing the Mayor to execute the subdivision agreement; motion carried 5:0. City Council Meeting Page 4 Tuesday, January 9, 2001 - 4:00 p.m. C10. FINAL MAP APPROVAL FOR TRACT 2193, A35-LOT RESIDENTIAL SUBDIVISION AT 1855 PREFUMO CANYON ROAD (RICHARD LOUGHEAD. INC.: SUBDIVIDER). Council Member Schwartz stepped down due to a potential conflict of interest. Council Member Mulholland questioned whether action could legally be taken on this item given a former vote by Council Member Schwartz. City Attorney Jorgensen reported that a lawsuit filed against the extension of the tentative map, which included a complaint that Council Member Schwartz should not have voted on the item because of a potential conflict of interest, was dismissed with prejudice. He advised that the tentative map was approved, is legally binding and that the applicant has a vested right to proceed with development in accordance with the tentative map. He explained that staff is recommending approval based on the fact that the conditions have been met and advised the Council to approve the final map. Council Member Mulholland remarked that she will vote against approval because she believes the project is inconsistent with the General Plan, the property is not suited for the density proposed and, further, that the Fair Political Practices Commission has not yet ruled in the matter of whether Council Member Schwartz had a conflict of interest. Brief Council discussion ensued. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9141 approving the Final Map for Tract 2193, accepting the deed for the open space parcel, easements for biological open -space purposes within Lots 36 and 38, and authorizing the Mayor to execute the subdivision agreement; motion carried 3:1:1 (Mulholland voted no, Schwartz refrained). C11. APPROVE THE COMMUNITY CENTER REMODEL. DESIGN SERVICES, SPECIFICATION NO. 90163. Council Member Ewan asked if staff could examine ways to increase energy efficiency as 1 part of the design. Public Works Director McCluskey replied that staff can add that to the scope of work. 2. ACTION: Moved by Schwartz/Ewan to 1) approve the Request for Proposals for design and hazardous materials services for the remodel of the Community Center. 2) Appropriate an additional $25,000 from the General Fund for design services. 3) Authorize staff to advertise for proposals. 4) Authorize the City Administrative Officer to award the design contract if the proposal cost is within the fee estimate of $45,000; motion carried 5:0. PUBLIC HEARINGS Solid Waste Coordinator Munds presented the staff report and proposed three minor clerical modifications to the ordinance. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Ewan to introduce Ordinance No. 1981 adding Chapter 8.05 to the City of San Luis Obispo's Municipal Code requiring a mandatory construction and demolition debris recycling program; motion carried 5:0. City Council Meeting Page 5 Tuesday, January 9, 2001 - 4:00 p.m. 3. APPEAL OF THE TREE COMMITTEE DECISION TO DENY A TREE REMOVAL REQUEST AT 1321 MADONNA ROAD. Public Works Director McCluskey, City Arborist Martin and Tree Committee Chair Caminiti presented the report. Mayor Settle opened the public hearing. David Jeffrey, applicantlappellant's representative, spoke in support of the appeal and responded to questions from the Council. Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9142 denying the appeal for a tree removal request at 1321 Madonna Road; motion carried 5:0. 4. FORMALIZE COUNCIL DIRECTION TO STAFF RELEVANT TO THE MARSH STREET GARAGE EXPANSION BID AWARD (CONTINUED FROM 12112100). City Clerk Price presented the staff report. There were no public comments. ACTIONS: Moved by Marx/Ewan to: 1) Direct staff to consider incorporating into the ' design a secondary access on Morro Street and to include, as a bid deductive, office space on Pacific Street. 2) Direct staff to bring back for review by the City Council the bids prior to contract award; motion carried 5:0. 5. PARKING AND DOWNTOWN ACCESS PLAN (PDAP) STUDY SESSION TIMING. City Clerk Price presented the staff report. There were no public comments. ACTION: Moved by Ewan/Mulholland to direct staff to proceed with the City Council Study Session regarding the Parking and Downtown Access Plan (PDAP) on January 23, 2001; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reviewed the most recent agenda and actions of the Mass Transportation Committee. Council Member Mulholland reviewed the most recent agenda and actions of the Human Relations Commission. Council Member Mulholland reported that County Water Resources Advisory Committee is urging the County of San Luis Obispo to adopt an ordinance restricting and monitoring the use of Methyl Tertiary Butyl Ether (MTBE). Council Member Marx noted that in the latest publication of the Downtown Association's Main Street News an article appears explaining the City's innovative use of Cash keys for parking meters (on file in the Office of the City Clerk). City Council Meeting Tuesday, January 9, 2001 - 4:00 p.m. Page 6 Council Member Schwartz informed Council that the San Luis Obispo Regional Transit Authority (SLORTA) will conduct a public hearing on January I eto discuss unmet transit needs. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Settle oumed the meeting at approximately 9:30 p.m. to Tuesday, Januaryll6, 2001 at 4:00 p.m. n t Council Chamber, 990 Palm Street, San Luis Obispo. / I /1/-� 7 Lee Price; C.M.C. City Clerk APPROVED BY COUNCIL: 216101 LP:dr 1 C