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02/20/2001MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 20, 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; 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, Keith Opalewski, Parking Manager; Peggy Mandeville, Associate Planner ' PRESENTATIONS Mayor Settle presented a proclamation declaring March 2001 as Grand Jury Awareness Month to John Rossman and Donald Vermeer, members of the San Luis Obispo County Grand Jury. Mayor Settle presented a proclamation declaring February 27, 2001 as Spay Day USA to Elaine Genasci from the Pounce Humane Organization. CONSENT AGENDA C1. COUNCIL MINUTES OF SATURDAY FEBRUARY 3 2001 TUESDAY FEBRUARY 6 2001. ACTION: Continued to the March 6, 2001 meeting. C2. CITY OF SAN LUIS OBISPO AFFIRMATIVE ACTION PLAN. ACTION: Moved by Ewan/Ma rx to adopt Resolution No. 9155 updating the recruitment goals of the City's Affirmative Action Plan and approve changing the name of the plan to the Workforce Diversity Plan; motion carried 5:0. L City Council Meeting Tuesday, February 20, 2001 - 4:00 p.m. Page 2 C3. WATER AGENCY RESPONSE NETWORK MUTUAL AID AGREEMENT. ACTION: Moved by Ewan/Marx to support proposed revisions to the Water Agency Response Network 1996 Omnibus Mutual Aid Agreement to include Wastewater Agencies; motion carried 5:0. C4. REQUEST FOR PROPOSAL (RFP) FOR PLAN REVIEW CONSULTANT SERVICES. ACTION: Moved by Ewan/Marx to approve RFP for consultant plan review services to support the building permit plan review operations in the Building and Safety Division, authorize soliciting of proposals, and authorize contract award by the City Administrative Officer, motion carried 5:0. C5. DRIVEWAY ACCESS EASEMENT FOR RARIG DEVELOPMENT THROUGH THE CITY _REGIONAL TRANSPORTATION CENTER (RTC) SITE (1960 & 1998 SANTA BARBARA AVENUE). ACTION: Moved by Ewan/Marx to adopt Resolution No. 9156 approving a vehicular access easement within the RTC site; motion carried 5:0. C6. APPROVE ALCOHOLIC BEVERAGE CONTROL (ABC) GRANT APPLICATION SUBMITTAL. ACTION: Moved by Ewan /Marc to authorize staff to submit a grant application proposal to the Department of Alcoholic Beverage Control; motion carried 5:0. C7. SIDEWALK REPAIR 2000 -01. SPECIFICATION # 90189. ACTION: Moved by Ewan/Marx to 1) Approve plans and specifications for "Sidewalk Removal and Replacement." 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; motion carried 5:0. C8. TRAFFIC CONGESTION RELIEF (AB 2928)• MAINTENANCE OF EFFORT CERTIFICATION. ACTION: Moved by Ewan/Marx to adopt Resolution No. 9157 certifying the City's intent to maintain its current level of expenditures for street, road and highway purposes; motion carried 5:0. C9. SEWER IMPROVEMENT PROJECT: CHORRO —ISLAY TO LEFF, SPECIFICATION # 90168. ACTION: Moved by Ewan/Marx to 1) approve plans and specifications for "Sewer Improvement Project: Chorro -Islay to Leff, Specification # 90178." 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;. motion carved 5:0. 1 City Council Meeting Page 3 Tuesday, February 20, 2001 - 4:00 p.m. BUSINESS ITEM 1. MID -YEAR BUDGET REVIEW. Finance Director Statler presented the staff report. Council questions followed. Public Comments: Joyce Romero, Buchon Street resident, spoke in favor of renovations proposed for Mitchell Park to improve safety. ---end public comments— ACTION: Moved by Marx/Mulholland to approve mid -year budget requests for operating programs and Capital Improvement Plan (CIP) projects with Operating Programs at $253,300 and CIP Projects at $415,700, for a total of $669,000; motion carried 5:0. Reconvened at 7:08 p.m. CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1008 Walnut Street, San Luis Obispo Negotiating Parties: City of San Luis Obispo: Capt. Bart Topham Property Owner Representatives: Ilan Funke -Bilu Negotiation: Whether to Negotiate /Acquire City Attorney Jorgensen announced that the Council conducted the closed session. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Union Pacific Railroad property on Pismo St. (Phase III of the Bike Path) Negotiating Parties: City of San Luis Obispo: Mike McCluskey Property Owner Representative: Ms. Jeanne Kinney Negotiation: Whether to Negotiate /Acquire CiW Attorney Jorgensen announced that the Council conducted the closed session. 1 PUBLIC COMMENT City Council Meeting Tuesday, February 20, 2001 - 4:00 p.m. Page 4 Mardi Gras King and Queen Steve and Jane Devencenzi and members of the Mystic Krewe announced activities planned for the Annual Mardi Gras Festival and Parade. Ray Shere, Anderson Barber Shop, asked Council to consider how proposed revisions to the Exclusive Negotiating Agreement between the City and the Palm Street/Court Street Partners will impact parking in the downtown. He urged the City to notify downtown merchants when the Council discusses this matter. Sifu Kelvin Berman Harrison requested financial settlement for harassment and discrimination he has encountered. He also expressed concern regarding the segregation of blacks and whites in the community and urged the Council to support a local soul food restaurant. Mary Beth Schroeder voiced opposition to the proposed Palm Street/Court Street project. PUBLIC HEARINGS 2. ESTABLISHMENT OF COLLEGE HIGHLANDS RESIDENTIAL PARKING PERMIT DISTRICT. Public Works Director McCluskey and Parking Manager Opalewski presented the staff report. Questions from the Council followed. Mayor Settle opened the public hearing. Speaking in support of the parking district: Mike McCall, 551 Stanford Drive Leslie Ogden Ester McQuire Brenda Walter, Highland Drive Melvin Brombley, Couper Drive Tom Childers, Princeton Place John Sherry, Stanford Drive Sal Orlando, Cuesta Drive Peter Brow, 552 Stanford Drive John Marlier, Stanford Drive MaryBeth Schroeder, Wilding Lane Against: Jared ? ? ? ?, 446 Highland Jay Orlando, 348 North Tassajara Kyle Brown, Highland Drive Jeff Nicholas, Highland Drive Christian Brown, 514 Highland Drive Mark Christie, 367 Highland Drive Nikki Cowan, 649 Stanford Drive Samuel Erborn, Cal Poly ASB President Colin Nordstrom, 530 Couper Drive Mayor Settle closed the public hearing. City Council Meeting Tuesday, February 20, 2001 - 4:00 p.m. Page 5 Brief Council questions to staff followed. Individual Council comments ensued in support of the proposed parking district. Council Member Marx proposed that the Parking Fund, rather than the General Fund, should pay for implementation and enforcement. ACTION: Moved by Mulholland /Ewan to adopt Resolution No. 9158 establishing a residential parking permit district in the College Highlands area with restricted parking between the hours of 10:00; p.m. and 10:00 a.m., daily and direct staff to work with Residents for Quality Neighborhoods to modify the existing requirements for establishing residential parking districts to more directly address the type of parking and quality of life issues giving rise to this request; motion carried 5:0. Council also agreed informally to direct staff to seek input from the Student Community Liaison Committee on proposed modifications to existing requirements). Moved by Schwartz/Settle to appropriate $4,900 from the General Fund unreserved fund balance to purchase signs, poles and permits ($4,000) to implement the parking district and to hire additional Student Neighborhood Assistance Program (SNAP) personnel ($900) for increased patrol through June 30, 2001, and direct staff to include $7,100 in the 2001 -02 budget to cover the on -going costs; motion failed 2:3 (Mulholland, Marx and Ewan). ACTION: Moved by JMIJE to appropriate $4,900 from the Parking Fund unreserved fund balance to purchase signs, poles and permits ($4,000) to implement the parking district and to hire additional Student Neighborhood Assistance Program (SNAP) personnel ($900) for increased patrol through June 30, 2001, and direct staff ' to include $7,100 in the 2001 -02 budget to cover the on -going costs, and further, that the allocation to reimburse the Police Department (for enforcement) be handled administratively. Motion passed 4:1 (Schwartz). 3. DEVAUL RANCH SOUTH TENTATIVE MAP AND PLANNED DEVELOPMENT REZONING FOR 130 RESIDENTIAL UNITS AT 11955 LOS OSOS VALLEY ROAD (TR/PD /ER 87 -00). Acting Commuri tyLDevelopment Director Whisenand and Associate Planner Peggy Mandeville presented the staff report and responded to questions from the Council. Mayor Settle opened the public hearing. Applicant's representative, R.J. Komorowski (Managing Member Jet-Ski Land Development) provided background about the project, provided details about the design, and spoke in support of the recommendation to approve. Nick Deitch, project planner, provided a presentation demonstrating the conceptual design of the project. Paul Jordan, landscape architect, summarized landscape plans. Council questions to the applicant's representatives followed. Brian Christianson. 818 Pismo Street, spoke in opposition to the proposed project because the environmental review was inadequate. He argued that there will be significant impacts and there are no mitigation measures proposed. In addition, he asserted that no study of noise was conducted and that granny flats are prohibited in planned development zones. Michael Sullivan spoke in opposition and asserted that the annexation and the processing of the application was done illegally. He argued that there are inconsistencies with the General Plan and that the environmental analysis was incomplete. City Council Meeting Tuesday, February 20, 2001 - 4:00 p.m. Page 6 Dawn Williams, El Tigre Court, voiced concerns about whether or not there is adequate water for the development proposed in both the DeVaul North and DeVaul South projects, when combined. She also expressed concerns about anticipated impacts on traffic and solid waste disposal. Brett Cross commented that the goal to provide mixed housing is not being met with the proposed plan. He suggested that the Council consider some of the exceptions requested and criticized some of the design features, including the lack of pathways and too much parking next to Los Osos Valley Road. Eunene Jud. 665 Leff Street, stated that there has not been enough analysis done on the impacts to the 101 /1-os Osos Valley Road overpass. He suggested that the speed of traffic and the amount of parking be reduced, that opportunities alternative transportation and pedestrian/bike paths be created, and further, that the Council consider an ordinance for pay parking in the commercial areas. Mayor Settle closed the public hearing. Individual Council questions followed. ACTION: Moved by Settle /Ewan to continue this matter for four weeks and ask staff to respond to some of the issues raised by the Council and public; motion passed 5:0. Staff agreed to return with a response to questions regarding building setbacks for garages adjacent to the Froom Ranch, the need for aerial and cross sectional views of improve- ments to Los Osos Valley Road (LOVR), frontage landscape treatments (including Palm Tree placement) and comparison with DeVaul Ranch North, traffic impacts at the US 101 1LOVR interchange, emergency access for possible future commercial use of the Froom Ranch, the project's water usage, and pedestrian connections between DeVaul Ranch North and South. None COUNCIL LIAISON REPORTS COMMUNICATIONS REQUEST BY TOM COPELAND TO CONSIDER REVISIONS TO THE PALM STREET -COURT STREET PARTNERS EXCLUSIVE NEGOTIATING AGREEMENT The Council directed staff to analyze the potential impacts of the request by Tom Copeland to amend the agreement (request on file in the Office of the City Clerk). NACIMIENTO RESERVOIR WATER Staff requested to provide information to the Council about recent State action to increase water allocation and look at any potential there may for increasing the City's share. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 12:00 midnight to Monday, February 26, 2001 at 7:00 in the Council Chamber, 990 Palm Street, San Luis Obispo. ' City Council Meeting Tuesday, February 20, 2001 - 4:00 p.m. ' 1 Lee Price, .M. . City Clerk APPROVED BY COUNCIL: 316!01 LP:dr 1 D Page 7