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04/24/2001MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 24,2001- 7:00 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; 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, Director of Parks and Recreation; Betsy DeJarnette, Assistant to the City Administrative Officer, David Hix, Wastewater Division Manager; Michael Codron, Associate Planner; Whitney Mcllvaine, Associate Planner, Lieutenant Joe Hazouri; Dan Gilmore, Utilities Engineer; Gary Henderson, Water Division Manager, Barbara ' Lynch, Pricipal Civil Engineer PRESENTATIONS PROCLAMATION RECOGNIZING THE le ANNIVERSARY OF THE SAN LUIS OBISPO BOTANICAL GARDEN FESTIVAL. Mary Ann Rutshaw. President of the Friends of San Luis Obispo Botanical Society, accepted a proclamation from Mayor Settle, declaring May 5, 2001 to May 6, 2001 as San Luis Obispo Botanical Garden Festival Celebration and honoring the Friends of the San Luis Obispo Botanical Garden. PRESENTATION BY SAN LUIS OBISPO COUNTY ADMINISTRATIVE OFFICER DAVID EDGE ON THE COUNTY OF SAN LUIS OBISPO REDISTRICTING PROCESS. David Edge, San Luis Obispo County Administrative Officer, presented an overview of the County of San Luis Obispo redistricting process. He requested that Council send a letter to the County Board of Supervisors outlining the City's redistricting preferences. Council directed City staff to prepare a letter urging the Supervisors to reduce the number of districts within the City. PUBLIC COMMENT Mary Beth Schroeder, 2085 Wilding Lane, expressed concerns regarding the growth rate in the City of San Luis Obispo. City Council Meeting Page 2 Tuesday, April 24,2001- 7:00 p.m. - Michael Sullivan, 1127 Seaward, asked Council to pull item C4 from the Consent portion of the agenda for public discussion. Evan Smith, 410 Luneta, urged Council to reagendize the Highland Parking District. On behalf of the City of San Luis Obispo, Mayor Settle accepted a poster commemorating National Tourism Week (May 6, 2001 to May 12, 2001) from Jonni Blangini, Executive Director, San Luis Obsipo County Visitors and Conference Bureau. Sifu Kelvin Harrison reiterated complaints of harassment and discrimination. Brett Cross, 1217 Mariners Cove, asked Council to consider renting out the City -owned property at 610 Monterey to generate revenue. Assistant City Administrative Officer George responded that the property has been used by the Historical Museum to store artifacts during the museum renovation. City Administative Officer Hampian noted that the use of this property is scheduled to come before Council sometime in July. Pam Heatherinaton, 7790 Yesal Avenue, Atascadero, expressed concern regarding Item C3. CONSENT AGENDA C1. COUNCIL MINUTES OF TUESDAY APRIL 3.2001. ACTION: Moved by Ewan/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. APPLICATIONS FOR ENVIRONMENTAL GRANT FUNDS. A. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE LAND AND WATER CONSERVATION FUND IN SUPPORT OF THE PROJECT KNOWN AS THE AHERN PROPERTY ACQUISITION. ACTION: Moved by Ewan/Mulholland to adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of $100,000 from the Land and Water Conservation Fund that would be used in support of acquisition of the Ahem property at Stagecoach Road and Highway 101; motion carried 5:0. B. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM ACTION: Moved by Ewan/Mulholland to adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of $75,000 from the California Department of Fish and Game's Fishery Restoration Grants Program, which would be used to decommission (or "retire ") and stabilize the old ranch road along Froom Creek on the DeVaul Open Space; motion carried 5:0. C3. AMENDMENT NO.2 TO CONTRACT WITH URS CORPORATION FOR THE SALINAS RESERVOIR EXPANSION PROJECT. ACTION: Moved by Ewan/Mulholland to approve Amendment No. 2 to contract with URS Corporation for the Salinas Reservoir Expansion Project modifying the scope City Council Meeting Page 3 Tuesday, April 24,2001- 7:00 p.m. of services and reducing the maximum compensation by $351,375 for a total maximum compensation of $491,800; motion carried 5:0. C4. FINAL PASSAGE OF AN ORDINANCE REZONING A 13.6 ACRE PARCEL FROM CONSERVATION OPEN SPACE (C /OS) TO R -1 -PD. R -2 -PD, AND R -3-PD AT 11955 LOS OSOS VALLEY ROAD (CITY FILE NO. PD/ERITR 87 -00). This item was pulled by Council Member Mulholland who opposed approving the project because of concerns regarding the granting of variations, impacts to and cumulative loss of agricultural land, biological resources, and traffic impacts on Madonna Road. ACTION: Moved by Ewan/Schwartz to grant final passage to Ordinance No. 1385 (2001 Series); motion carried 4:1 (Mulholland). C5. 2001 PAVEMENT DEFLECTION TESTING. ACTION: Moved by Ewan/Mulholland to authorize the City Administrative Officer to award a contract via purchase order to Chec Engineering Consultants for 2001 Pavement Deflection Testing in the amount of $17,880; motion carried 5:0. C6. WATERLINE REPLACEMENT PROJECT 2000 -2001 SPECIFICATION NO. 90156. ACTION: Moved by Ewan/Mulholland to 1) Approve plans and specifications for "Waterline Replacement Project 2000 - 2001." 2) Authorize staff to advertise for bids for "Waterline Replacement Project 2000 - 2001." 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate; motion carried 5:0. C7. RESOLUTION ESTABLISHING A VOLUNTARY CONTRIBUTION CHECK -OFF PROGRAM. ACTION: Moved by Ewan/Mulholland to adopt a resolution establishing a Voluntary Contribution Check -Off Program, which sets up a process for elected and appointed officials to make financial contributions to Action for Better Cities (ABC), the League of California Cities' political action committee; motion carved 5:0. C8. RESOLUTION ADOPTING A CITY -WIDE RECORDS RETENTION SCHEDULE AND POLICY. ACTION: Moved by Ewan/Mulholland to adopt a resolution adopting a City -wide Records Retention Schedule and establishing a policy for the preservation, protection and legal disposition of the City's Records; motion carried 5:0. C9. AWARD CONTRACT FOR CONSTRUCTION OF CORPORATION YARD WAREHOUSE. This item was pulled by Council Member Mulholland to voice objection over the cost of the project. Council Member Marx concurred. ACTION: Moved by Ewan /Schwartz to 1) Award a contract to Rarig Construction Company in the amount of $436, 500 for "Corporation Yard Warehouse, Specification No. 99853" and authorize the Mayor to execute the contract 2) Appropriate $97,100 from the unreserved General Fund Balance. 3) Approve the transfer of $16,200 from the Water Fund Carryover Account. 4) Approve the transfer of $16,200 from the Sewer Fund Carryover Account; motion carried 3:2 (Marx, Mulholland). City Council Meeting Tuesday, April 24,2001- 7:00 p.m. Page 4 APPOINTMENTS Al. APPOINTMENT RECOMMENDATION TO THE ARCHITECTURAL REVIEW COMMISSION. ACTION: Moved by Ewan/Schwartz to appoint Hana Novak to a one -year tern to begin immediately and expire on March 31, 2002; motion carried 5:0. PUBLIC HEARINGS 1. Associate Planner Mcllvaine presented the staff report. Mayor Settle reopened the public hearing. Sergio Hernandez, 909 El Capitan, voiced concerns about the potential of increased traffic and urged Council not to allow the rezoning. Carol Florence, applicant's representative, asked Council to approve the project based on the Planning Commission's recommendation. Matt Quaglino, applicant, argued that because the project is on a cul -de -sac it will not increase traffic. He requested that Council support the project. Todd Knouse, 907 El Capitan, is worried for the safety of neighborhood children with increased traffic and has concerns about parking. Cathy Bezek, 866 El Capitan, expressed concerns about parking impacts and asked Council not to grant the variances the applicant is requesting. Mayor Settle closed the public hearing. Individual Council comments followed. Council Member Mulholland spoke in opposition to the project because of concerns relating to parking and quality-of -life issues for the nearby residents. She generally supports the mixed use concept, but in this Instance does not support the mixing of housing with service commercial. Council Member Marx expressed support for the project despite some concerns about traffic and parking. She also opposed the fee waiver request. Mayor Settle, Vice Mayor Ewan, and Council Member Schwartz spoke in favor of approving the project ACTION: Moved by Ewan/Marx to 1) Adopt a resolution approving a General Plan amendment to change the land use designation on a portion of the site from Medium -Density Residential to Services and Manufacturing. 2) Introduce an ordinance approving the mitigated negative declaration and rezoning the site from Medium - Density Residential with a Specific Plan overlay (R-2-SP) and Service Commercial (CS) to Service - Commercial Mixed -Use with a Specific Plan overlay (C- S-MU-SP). 3) Adopt a resolution approving a use permit, thereby establishing a mix of uses for this project and a parking reduction. 4) Deny the request for a waiver of MOTION: Moved by Ewan/Mulholland to 1) Adopt Resolution No. 1978 approving the Update to the Urban Water Management Plan, as amended, by adding the following language to the Introduction of Section 3.1: `The City is currently pursuing two surface water projects to meet the supplemental water needs as Identified in the General Plan. Based on the projected future water demands and the potential yield from the projects under consideration, the City will likely only need to accomplish one of these projects." 2) Direct staff to return at a later time for a discussion of all water policies; motion carried 5:0. 4. IMPLEMENTATION OF THE GENERAL PLAN HOUSING ELEMENT POLICIES REGARDING DOWNTOWN HOUSING CONSERVATION PERMIT ORDINANCE AS RECOMMENDED BY THE PLANNING COMMISSION. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. City Council Meeting ':'' Page 5 Tuesday, April 24,2001- 7:00 p.m. - the use permit fee. 5) Staff directed to take tandem parking and signage back to the ' Architectural Review Commission for review; motion carried 4:1 (Mulholland). 2. CONSIDERATION OF A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE SUBDIVISION REGULATIONS AT 596 TORO (LLA 179 -00). Development Review Manager Whisenand presented the staff report. Mayor Settle opened the public hearing. Steven Frank, 440 Country Club Drive and property owner's representative, concurred with staff recommendations and urged Council to approve the project. Alex Mc Glachlan, 657 Howard Street, asked Council to deny this project because he feared it would bring more students into the neighborhood and would make the existing parking problem worse. Joann Trew, 681 Howard Street, was opposed to the project because it would obstruct her view and increase density in the neighborhood. Mayor Settle closed the public hearing. ACTION: •Moved by Marx/Schwartz to adopt a resolution approving a lot line adjustment, with exceptions to the Subdivision Regulations, based on findings and subject to conditions; motion carried 5:0. 3, URBAN WATER MANAGEMENT PLAN UPDATE. Utilities Director Moss and Water Division Manager Henderson presented an overview of the Urban Water Management Plan Update. Mayor Settle opened the public hearing. Phil Ashley, 1586 La Cita Court, asked questions of staff and noted that the City has become more successful in lowering the rate of water consumption. Mayor Settle closed the public hearing. MOTION: Moved by Ewan/Mulholland to 1) Adopt Resolution No. 1978 approving the Update to the Urban Water Management Plan, as amended, by adding the following language to the Introduction of Section 3.1: `The City is currently pursuing two surface water projects to meet the supplemental water needs as Identified in the General Plan. Based on the projected future water demands and the potential yield from the projects under consideration, the City will likely only need to accomplish one of these projects." 2) Direct staff to return at a later time for a discussion of all water policies; motion carried 5:0. 4. IMPLEMENTATION OF THE GENERAL PLAN HOUSING ELEMENT POLICIES REGARDING DOWNTOWN HOUSING CONSERVATION PERMIT ORDINANCE AS RECOMMENDED BY THE PLANNING COMMISSION. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. City Council Meeting Tuesday, April 24, 2001 - 7:00 p.m. This item was continued to a date uncertain. Page 6 BUSINESS ITEMS 5. RAILROAD TRANSPORTATION CENTER: CONTAMINATED SOIL REMOVAL, SPECIFICATION NO. 99059. Principal Civil Engineer Lynch presented the staff report. There were no public comments. Individual Council comments followed. ACTION: Moved by Ewan/Schwartz to 1) Appropriate $151,000 from the unreserved General Fund balance to cover the costs associated with the disposal of contaminated soil from the Railroad Transportation Center. 2) Authorize Public Works staff to proceed with stockpiling if a permit is issued and disposing of the material at the end of the summer as clean fill or contaminated soil as determined by testing under the supervision of the Fire Department; motion carried 5:0. 6. BIOSOLIDS DISPOSAL/RECLAMATION CONTRACT AWARD AND COUNTY BIOSOLIDS WORKING GROUP UPDATE. Wastewater Division Manager Hix presented the staff report recommending the approval of an agreement with USA Transport, Inc. for biosolid disposal in the amount of $26.17 per ton for beneficial reuse of biosolids. He explained that the method of reuse proposed is land application. Public Comments: David Broadwater. Center for Sludge Information in Atascadero, summarized written correspondence he had provided to Council (on file in the Office of the City Clerk) and voiced opposition to the staff recommendation. Pam Heatherington read a communication from Eric Greening of Atascadero, which asked Council to hold a separate study session before making a decision on this Item. Pam Heatherington, Sewage Sludge Bio Taskforce member, urged Council to pursue composting and not haul sludge to Kern County, as recommended by staff. Shelia Baker, 101 California Boulevard, supports using composting for biosolid disposal. Phil Ashley, 1586 LaCita Court, also urged Council not to use land application as the method for disposal. Robert Engle, Engle and Gray, summarized the benefits of using composting for biosolids disposal. –end of public comments — Council discussed methods of biosolids disposal including, land application and composting. Council members indicated a greater level of comfort with disposal methods offered by the firm of Engle and Gray. 1 l__J City Council Meeting Page 7 Tuesday, April 24,2001- 7:00 P.M. - Vice Mayor Ewan objected to the staff recommendation and suggested that the City use a composting disposal as the appropriate disposal method. Council Member Schwartz agreed and proposed that the Council agree to pay a little more for an environmentally friendly method of disposal. Council Member Mulholland concurred. Council Member Marx suggested that Council award the contract to Engle and Gray. In addition she proposed that the Council conduct a study session on this Issue after the County Biosolids Taskforce completes its analysis. ACTION: Moved by Marx/Mulholland to approve an agreement with Engle and Gray, in the amount of $29.70 per ton for beneficial reuse of biosolids and authorize the Mayor to execute the contract in an amount not to exceed $120,000; staff directed to conduct a study session after County Biosolids Taskforce results are complete; motion carried 5:0. RESOLUTION APPROVING AN AGREEMENT TO ALLOW FIERO LANE WATER COMPANY TO PROVIDE TEMPORARY WATER SERVICE TO A PROPERTY DEVELOPING IN THE CITY. Utilities Ennineer Gilmore presented the staff report. There were no public comments. ACTION: Moved by Ewan/Mulholland to adopt a resolution to approve the agreement to allow Fiero Lane Water Company (FLWC) to provide temporary water service not to exceed eighteen months to the two parcels at 805 and 895 Aerovista Drive and authorize the Mayor to execute the agreement; motion carried 5:0. ' 8. MOBILE DIGITAL COMPUTER PROGRAM. Police Chief Gardiner and Lieutenant Hazouri presented the staff report. There were no public comments. ACTION: Moved by Mulholland /Marx to 1) Approve a Request for Proposals for a systems integrator to provide a turnkey solution for the San Luis Obispo Police Department's Mobile Digital Computer (MDC) system and authorize the contract award by the City Administrative Officer if the proposed contract amount is less than $340,000. 2) Approve the sole -source purchase of Spillman Technologies' "Rover" mobile computer software and authorize the City Administrative Officer to execute a contract agreement in an amount not to exceed $160,000. 3) Appropriate $130,000 from the unreserved General Fund balance to be used for the completion of the MDC project, subject to reimbursement from Fiscal Year 2001 -2002 Law Enforcement Technology Grants; motion carried; 5:0. COUNCIL LIAISON REPORTS Council Member Marx presented an update of the March 30, 2001 SLO Downtown Association Board Retreat (memo on file in the office of the City Clerk). Council Member Schwartz updated Council on the April 5, 2001 North County Water Resources Forum (memo on file in the office of the City Clerk). Council Member Mulholland reported on the April 10, 2001 Bicycle Committee meeting. City Council Meeting Page 8 Tuesday, April 24,2001- 7:00 p.m. - COMMUNICATIONS City Administrative Officer Hampian confirmed that the Architectural Review Commission and Planning Commission will meet jointly on June 12, 2001 to conduct a study session on Wireless telecommunications facilities. Mayor Settle asked Council to consider moving the July 3, 2001 meeting to July 10, 2001. ACTION: Council agreed by consensus to move the first meeting in July from July 3, 2001 to July 10, 2001. City Administrative Officer Hampian announced that City Biologist Clarke did a power point presentation for Environmental Center of San Luis Obispo County (ECOSLO) members and guests showcasing the work he is doing. He urged interested Council Members to contact him if they are interested in viewing the presentation. City Administrative Officer Hampian stated that recently Natural Resources Manager Havlik has successfully acquired $100,000 in grant money for the preservation of open space which makes the total grant money he has obtained for the City $4,000,000. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:35 p.m. to Tuesday, May 1, 2001 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 05/15/01 Mary Kop cky Assistant City CI c 1