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04/03/2001MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 3, 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, Community Development Director; 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 PUBLIC COMMENTS Brian Reynolds, County Library Director, and Walter Waster. San Luis Obispo Chapter of the Friends of the Library, urged Council to consider writing the governor in support of three bills that would, if passed, return ERAF funding to the City/County Library. Council asked staff to draft a letter in support to be signed by all five members of the Council. PRESENTATIONS RECOGNITION OF DR. STEPHEN HANSEN FOR HIS WORK WITH FIRST NIGHT& Rescheduled for May 1, 2001. PRESENTATION BY CAL POLY ON THE PROPOSED FACULTY AND STAFF EMPLOYEE HOUSING PROGRAM. Bob Kitamura. Cal Poly Director of Facilities, announced that on April 11, 2001 at 7:00 p.m. at Bishop's Peak Elementary School, Cal Poly will hold the first of several neighborhood meetings regarding plans for faculty and staff housing on the west side of Highway One. . Council referred the matter to staff for continued discussions relating to the Memorandum of Understanding between the City of San Luis Obispo and Cal Poly. (Letter and announcement on file In the City Clerk's office.) City Council Meeting Tuesday, April 3, 2001 - 4:00 p.m. None PUBLIC COMMENT CONSENT AGENDA C1. MINUTES OF MARCH 13.2001 AND MARCH 20.2001. Page 2 ACTION: Moved by SchwarizlMarx to waive oral reading and approve as presented; motion carried 5:0. C2. APPROVE AWARD FOR DESIGN OF THE POLICE DEPARTMENT WOMEN'S LOCKER ROOM. ACTION: Moved by Schwartz/Marx to 1) Approve the award to execute a contract with RRM Design Group in the amount of $46,750 for the Police Department Women's Locker Room design, Specification No. 90052A and authorize the Mayor to sign the agreement. 2) Appropriate $62,000 from the unreserved balance of the General Fund to fully fund the project budget; motion carried 5:0. C3. TERMINATION OF EXISTING LEASE WITH THE COUNTY OF SAN LUIS OBISPO HISTORICAL SOCIETY FOR OPERATION OF THE COUNTY HISTORICAL MUSEUM IN THE OLD CARNEGIE LIBRARY ACTION: Moved by Schwartz/Marx to: 1) Approve termination of lease with the County of San Luis Obispo for operation of the County Historical Museum at the property located at 696 Monterey Street (Carnegie Library). 2) Approve new lease agreement with the County Historical Society for operation of the County Historical Museum at the property located at 696 Monterey Street (Carnegie Library), to be effective upon approval of termination agreement by the County of San Luis Obispo. 3) Authorize inclusion of an additional $5,300 for fiscal year 2001 -02 and $5,400 for fiscal year 2002 -03 in the Public Works Building Maintenance budget to cover the cost of contracted "craft maintenance" services for the building; motion carried 5:0. C4. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE STATE COASTAL RESOURCES GRANT PROGRAM IN SUPPORT OF THE PROJECT KNOWN AS THE "AHEARN PROPERTY ACQUISITION." ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9167 authorizing staff to complete and submit an application for grant monies in the amount of $250,000 from the State Coastal Resources Grant Program, which would be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101; motion carried 5:0. C5. RESOLUTION OF SUPPORT FOR APPLICATION FOR ENVIRONMENTAL GRANT FUNDS FROM THE URBAN STREAMS RESTORATION PROGRAM OF THE DEPARTMENT OF WATER RESOURCES. This item withdrawn at the request of staff. No Action Taken. C6. FLEET MANAGEMENT & MAINTENANCE REVIEW. ACTION: Moved by Schwartz/Marx to authorize a contract with Spectrum Consultants, Inc. to perform an analysis of the City's Equipment Management and Maintenance practices in 1 the amount of $22,954; motion carried 5:0. City Council Meeting Tuesday, April 3, 2001 - 4:00 p.m. ' PUBLIC HEARINGS 1. PARKS AND RECREATION ELEMENT UPDATE. Page 3 Parks and Recreation Director LeSage, Communityy Development Director Mandeville, Parks and Recreation Commission Chairperson Neville and Associate Planner Hook presented the report. There were no public comments. Council discussed the update and several suggestions were made for minor revisions and/or other enhancements. A majority of the Council agreed to the following modifications: Chapter 1– Section 1.33.9 – Add the words "habitat conservation." Chapter 2 – Section 2.00 – Make minor clerical revisions for greater clarity. Chapter 2 – Section 2.20 – Community Developmenbparks 8 Recreation staff to draft language that clarifies that portions of the City's open space are not available for recreational use. Chapter 2 – Section 2.58.5 – Add the words "and the Natural Resources Manager's" recommendation. ACTION: Moved by Mulholland /Marx to adopt Resolution No. 9168, as revised, approving the Planning Commission's recommendation to approve a negative declaration of environmental impact and adopt a new Parks and Recreation Element/Master Plan replacing the 1995 Element; motion carried 5:0. Action: Moved by Schwartz/Marx to direct staff to revise this master plan to show all changes and all corrections so that we have one document. Refer the matter of parkways to the Parks and Recreation Commission, cross reference throughout the document other elements of the General Plan, and revise the General Plan land use map to reflect and include all parks; motion carried 5:0. BUSINESS ITEMS 2. AWARD A CONTRACT FOR TRANSIT SERVICES TO FIRST TRANSIT, INC. Public Works Director McCluskey and Deputy Public Works Director Bochum presented the staff report. Public Comments: Don Swain and Crain Smedman, First Transit, spoke in support of the staff recommendation and the contract award. Irwin Rosenberg, Vice President Laidlaw Transit Services, voiced opposition to the staff recommendation and urged the Council to award the contract to Laidlaw. He added that whether or not the Council honors his request, Laidlaw will ensure a smooth transition. —end of public testimony— Council questions followed. Council Member Manx opposes any rate increase for the passengers. City Administrative Officer Hampian reported that the contract award it and of itself will not impose new rates, but noted that the issue may come back to the Council in the future given increased costs of service. City Council Meeting Tuesday, April 3, 2001 - 4:00 p.m. Page 4 ACTION: Moved by Ewan /Mulholland to: 1) Authorize the City Administrative Officer to enter into a three -year contract with First Transit, Inc. to provide operations and 1 maintenance services for SLO Transit for the period July 1, 2001 through June 30, 2004, with the possibility of two one -year extensions for acceptable service. 2) Direct the City Administrative Officer to implement transit cost savings, and equipment acquisition described in the Fiscal Analysis section of the staff report; motion carried 5:0. Break called at 5:52 p.m. Reconvened at 7:05 CLOSED SESSION CLOSED SESSION: April 3, 2001 at 6:15 p.m. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation/initiation of Litigation, Pursuant to Government Code § 54956.9(c). Number of Cases: 2 City Attorney Jorgensen reported that the Council conducted the closed session. REGULAR MEETING (CONTINUED) 7:00 P.M. PRESENTATIONS NEW EMPLOYEE INTRODUCTION Assistant City Administrative Officer George introduced Betsy DeJarnette, newly appointed Assistant to the City Administrative Officer. PROCLAMATION CELEBRATING MONTH AND DAY OF THE CHILD. Mayor Settle presented a proclamation to Nora O'Donnell, City of San Luis Obispo Interim Recreation Supervisor, and Anitra Means, City of San Luis Obispo Professional Assistant, and children and parents of the CL Smith Elementary School Star Program. The Mayor proclaimed April as the "Month of the Child" and Saturday, April 7, 2001 as the 23rd annual "Day of the Child" "EXCELLENCE IN TRANSPORTATION AWARD PRESENTED BY CALTRANS TO THE CITY, FIRMA LANDSCAPE ARCHITECTS AND RMR CONSTRUCTION FOR THE CREEKWALK PROJECT. Brian Mumahan from CalTrans presented the award to Mayor Settle who accepted the on behalf of the City. PUBLIC COMMENT Sifu Kelvin Harrison reiterated claims of harassment and discrimination. PUBLIC HEARINGS (Continued) 3. from 2- 20 -01.) 1 City Council Meeting Page 5 Tuesday, April 3, 2001 - 4:00 p.m. Development Review Manager Whisenand and Associate Planner Mandeville presented the staff report. It was pointed out that staff had revised the draft ordinance to include a monitoring program for mitigation measures. Public Comments: Roxanne Carr. 742 Marsh Street, President of the Mortgage House, spoke in support of the project. Dick Komoroski, applicant, 485 Mobil Avenue, #9, Camarillo, made additional points in support of approval. Michael Sullivan. 1127 Seaward Street, spoke in opposition to the project and contended that the environmental review was inadequate. He urged the Council to require an EIR. Brian Christianson, 818 Pismo Street, concurred and provided additional points in opposition to approval. Brett Cross, 1217 Mariner's Cove, reiterated opposition to this and the North DeVaul Ranch project because he believes that both projects segment people by income. He remarked that the conceptual plans are in conflict with what was originally proposed for the site. —end of public testimony— Dennis Castrillo. CEA Planning Consultants, responded to issues raised regarding environmental review. Scott Schell, Associated Transportation Engineers, clarified comments regarding traffic analysis, impacts and mitigation. Natural Resources Manager Havlik responded to questions regarding mitigation for the condon tarplant ' Individual council comments followed. Vice Mayor Ewan and Council Member Schwartz spoke in favor of the staff recommendation. Council Member Mulholland voiced opposition to approving the project for reasons which include the granting of variations, impacts to and cumulative loss to agricultural land, concerns about biological resources, and traffic impacts on Madonna Road. Council Member Marx indicated that she would support the project because of the work done by the applicant and the staff to make it a better project, however she is still concerned about the traffic impacts. ACTION: Moved by Settle /Ewan to: Approve the Planning Commission recommendation to: A) Introduce Ordinance No. 1385, as revised by staff, approving the Mitigated Negative Declaration and rezoning the 13.6 acre site from Conservation/Open Space (C /OS) to R -1- PD, R -2-12D, and R-3-PD based on findings. B) Adopt Resolution No. 9169 approving the tentative map based on findings and subject to the City's growth management phasing schedule, conditions and code requirements; motion carried 4:1 (Mulholland). 4. MARSH STREET GARAGE EXPANSION. A. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION DECISION REGARDING MARSH STREET PARKING GARAGE EXPANSION. (Continued from 3 -20 -01) Associate Planner Shoals presented the staff report. Public Comments: Sneaking in support of the appeal: ' Eugene Jud, 665 Leff Street Willow Kellv.1121 Orcutt Road #69 City Council Meeting Tuesday, April 3, 2001 - 4:00 p.m. Richard Velaren, address not given Brian Christiansen, 818 Pismo Street Pam Marshall Heatherton, 864 Osos Street Environmental Center of SLO Michael Sullivan, 1127 Seaward Street Page 6 Speaking in favor of denying the appeal: Rod Levin, architect 1145 Marsh Street Andrew Merriam. 4334 Wavertree, Richard Lee, 950 Olive Street (also proposed a mixed use for the garage) Dave Romero, 2057 Skylark Lane Tom Swem, President of the Downtown Association Chuck Crotser local architect Stewart Jenkins, 1336 Morro Street --end of public comments — Individual Council comments followed. Council Member Schwartz remarked that the architect has done a good job of the redesign. Vice Mayor Ewan agreed. Council Member Mulholland spoke in support of the appeal. Council Member Marx reported that she would support the Architectural Review Commission action. Mayor Settle concurred. ACTION: Moved by Settle/Schwartz to adopt Resolution No. 9170 denying the appeal and upholding the Architectural Review Commission action approving the revised garage design, based on findings and subject to the conditions listed in the resolution; motion carried 4:1 (Mulholland). Break called at 9:16 p.m. Meeting reconvened at 9: 26 p.m. B. REVISED CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE MARSH STREET GARAGE EXPANSION PROJECT. Public Works Director McCluskey, and Parking Manager Ooalewski presented the staff report. Deborah Smith Public Comment: Brian Christiansen, 818 Pismo Street, argued that there are other locations that would be better for the garage. He noted that if the Council decides to move ahead, that he hopes that the garage will have a security system. Stan "Ryan, 234 Broad Street, objected to the location of the garage. Eugene Jud, 665 Leff Street, asked the Council to consider the use vending machines for tickets and payments (also know as pay by foot). In addition, he urged the Council to slow traffic in the downtown and develop a pedestrian plan for the downtown. Paul Carlin. 863 Pacific Street (Lutheran Church), voiced some concerns about entering and exiting the structure. Ray Sherer, 261 Foothill Boulevard and downtown business owner, asked the Council to refrain from counting the parking provided in this project twice, given the Chinatown -Court Street Plan, which will create additional parking demands. Michael Sullivan. 1127 Seaward Street, offered ideas to reduce parking demand and urged the Council to consider another location for the structure. City Council Meeting Tuesday, April 3, 2001 - 4:00 p.m. Page 7 Speaking in support of the staff recommendation and urging the Council to proceed: ' Dave Romero, 2057 Skylark Lane Michael Sullivan, 1127 Seaward Street Leonard Milstein, 684 Higuera Street Mike Spangler, 644 Marsh Street Ann Ream, San Luis Obispo County Arts Council (spoke in support of the public art proposed) Patricia Wilmore, Chamber of Commerce Bill Walter, downtown residentibusiness owner and Chair of the Downtown Association Parking Committee –end of public testimony — Council comments followed. Vice Mayor Ewan stated that he would vote to approve the plans and specifications, but would like staff to look at the pay by foot concept if it can be done without causing too much delay. He also expressed concern about the mid -block light and stated that he would prefer to see the security system included in the base bid as opposed to being a bid alternate. Council Member Mulholland expressed opposition because she believes the garage is too big, too expensive and in the wrong location. Parking management would be a better approach to the parking problem, she concluded. Council Member Marx stated that she would reluctantly support the project because of the financial investment already sunk into the project, but shares concerns about security and safety. ACTION: Moved by Ewan /Schwartz to approve the revised plans, as modified to include 1 the blue light safety system and television security system conduit in the base bid, and specifications for the Marsh Street Garage Expansion Project, Specification No. 99684. 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 September 2000 project construction budget (no more than $7,104,000, plus 10% contingency); motion carried 4:1 (Mulholland). Staff was requested to look at the "pay -by- foot" concept and whether or not it can be incorporated into the design without delaying the project. ACTION: Moved by Mulholland /Marx to approve the additional public art for the Marsh Street Garage Expansion Project; motion carried 5:0 COUNCIL LIAISON REPORTS Mayor Settle updated Council on the latest League of California Cities Environmental Quality Policy Committee meeting held in South San Francisco on March 30, 2001. Council Member Mulholland gave an overview of the March 26, 2001 Cultural Heritage Committee meeting. Council Member Marx provided an update on the Economic Opportunity Commission's homeless services and announced plans for the third annual Hunger and Homelessness Awareness Week set for May 41h– May 12"'. (Memo and announcement on file in the City Clerk's office.) Council Member Marx reported on the Downtown Association Board Retreat held March 30, 2001. City Council Meeting Page 8 Tuesday, April 3, 2001 - 4:00 p.m. Vice Mayor Ewan reported on the March 28, 2001 meeting of the Air Pollution Control District (memo on file in the City Clerk's office). COMMUNICATIONS Vice Mayor Ewan presented a plaque he accepted on behalf of the City Council at the grand opening of the new Child Development Center. Mayor Settle reported that the San Luis Obispo Supportive Housing Consortium met on March 29, 2001 regarding the formation of The San Luis Obispo County Affordable Housing Trust Fund. (Memo on file in the City Clerk's office) Council Member Schwartz complimented the Mayor and City Attorney on letters written in opposition to Senate Bill 62X regarding affordable housing. He suggested that the City send copies of those communications to representatives in the legislature who have previously served on City Councils asking them to remember cities when they cast their vote. Council Member Schwartz spoke in favor of adopting a resolution supporting a `Voluntary Contribution Check-Off Program" which sets up a process for elected officials to make financial contributions to Action for Better Cities, the League of California Cities' political action committee. Council requested that the matter be brought back for consideration. There being no further business to come before the City Council, Mayor Settle djoumed the meeting at 10:55 p.m. to Thursday, April 12, 2001 at 5:00 p.m. in t e Coun it Chamber, 0 Palm Street, San Luis Obispo. n, f, Lee Price; City Clerk APPROVED BY COUNCIL: 4124101 LP:mk J