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05/15/20011 1 rj MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 15, 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 Hampain, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; 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, Parks and Recreation Director; Betsy DeJarnette, Assistant to the City Administrative Officer, Water Division Manager, Henderson; Bob Hamilton, Water Supply Supervisor; Austin O'Dell, Transit Manager; Kathe Bishop, Management Assistant; Larry Tolson, Parks Supervisor; Dave Smith, Building Maintenance Supervisor; Rich Colombo, Parks Supervisor; Mary Kopecky, Assistant City Clerk; and Wayne Peterson, City Engineer PRESENTATIONS PROCLAMATION RECOGNIZING NATIONAL PUBLIC WORKS WEEK. Mayor Settle presented a proclamation to Public Works Director McCluskey, Utilities Director Moss, and Parks Supervisor Tolson recognizing May 20, 2001 to 27, 2001 as National Public Works Week. CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Negotiating Parties: Negotiation: Chinatown /Court Street City of San Luis Obispo: Ken Hampian, Jeff Jorgensen Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Status of Negotiations City Attorney Jorgensen announced that the closed session was held. City Council Meeting Tuesday, May 15,2001- 7:00 p.m. PUBLIC COMMENT Page 2 Dave Romero urged Council to proceed with the installation of a traffic signal in the 800 block of Marsh Street (memo on file in the Office of the City Clerk). Kelvin Sifu Harrison reiterated complaints of harassment and discrimination. Mary Beth Schroeder did not support spending $600,000 to rennovate the current Senior Center on Santa Rosa Street. She urged Council to consider putting the money toward a new Senior Center at the former Emerson School site. CONSENT AGENDA C1. MINUTES OF APRIL 12 2001 APRIL 24.2001, AND MAY 1. 2001. (PRICE) ACTION: Moved by Mulholland /Marx to waive oral reading of the minutes and approve as submitted; motion carried 5:0. C2. ADOPT A RESOLUTION SETTING PUBLIC HEARINGS FOR PROPOSED FRANCHISE ORDINANCES REGARDING THE OPERATION OF PIPELINES AND THE TRANSPORTING OF OIL AND HYDROCARBON GASES BY TOSCO CORPORATION AND UNOCAL COMPANY. C3. ACTION: Moved by Mulholland /Marx to adopt Resolution Nos. 9181 and No. 9182 setting public hearings for June 19, 2001, pursuant to Section 1002 of the City Charter, motion carried 5:0. ACTION: Moved by Mulholland /Marx to approve an agreement between the City of San Luis Obispo and the San Luis Obispo County Archaeological Society (SLOCAS) for the curation of the Palm Street Parking Structure Archaeological Collection and authorize the Mayor to execute the contract; motion carried 5:0. C4. AUTHORIZATION TO SUBMIT TRANSPORTATION ENHANCEMENT GRANT APPLICATIONS TO CALTRANS. ACTION: Moved by Marx/Mulholland to: 1) Adopt a resolution authorizing staff to complete and submit applications for funding from the Statewide Transportation Enhancement (TE) Program for: A) Acquisition of the Ahern property. B) Removal of a billboard on Santa Barbara Avenue. C) Design and construction of the northern segment of the Railroad Safety Trail. D) Expansion of the landscaped. 2) The City Administrative Officer to execute any agreements required by Caltrans to implement projects that receive TE funding; motion carried 5:0. 1 1 C5. ORDINANCE NO 1386 (2001 SERIES) REZONING PROPERTY AT 811 EL CAPITAN (ROADHOUSE) TO SERVICE - COMMERCIAL MIXED USE WITH A SPECIFIC PLAN ' OVERLAY ZONE (CS S - MUP). CITY FILE NO. GP/R/U/R 108-00. ACTION: Moved by Ewan /Marx to adopt Ordinance No. 1386; motion carried 4:1 (Mulholland). City Council Meeting Page 3 Tuesday, May 15,2001- 7:00 p.m. - C6. DOWNTOWN PAVING 2001 = SPECIFICATION NO.90204. ACTION: Moved by Mulholland/Marx to 1) Approve plans and specifications for "Downtown Paving 2001: Specification No. 90204." 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 engineer's estimate of $232,300. 4) Consolidate $256,000 of existing operating budget appropriations into a minor capital account for this project; motion carried 5:0. C7. RECREATION CENTER DONATION. ACTION: Moved by Mulholland /Marx to adopt Resolution No. 9183 which: 1) Accepts a donation to fund the remodel of the Santa Rosa Street Recreation Center in the approximate amount of $600,000. 3) Authorizes the Mayor to sign the donor agreement. 3) Upon receipt of donated investment securities by the City, authorizes the Mayor to sign a letter to the donor acknowledging the gift for tax purposes; motion carried 5:0. PUBLIC HEARINGS ORDINANCE ADDING CHAPTER 9.05 TO THE-SAN LUIS OBISPO MUNICIPAL CODE AS IT RELATES TO THE HOSTING OF A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL. Police Chief Gardiner presented the staff report. Mayor Settle opened the public hearing. Speaking in opposition to the proposed Ordinance: Andrew Hunt, 250 California Boulevard Bryan Pennino. 244 California Boulevard Mike Rumsev, 29 Palomar Hall Angie Hacker, 1239 Foothill Boulevard Gary Fowler, 777 Mill Street Sam Aborne, 528 Higuera Speaking in support of the proposed Ordinance and urging adoption: Mark Nakamura, 1365 Woodside Drive Mary Beth Schroeder, 2085 Wilding Lane Lori Layne. 602 AI Hil Drive. Mayor Settle closed the public hearing. Council comments followed. Council Member Mulholland agreed that there is a problem with underage drinking, parties, and noise but stated she would oppose the ordinance because she doesn't it to be a good law. ACTION: Moved by Ewan/Marx to introduce Ordinance No. 1387 with the Ordinance to return to Council in two -years for review; motion carried 4:1 (Mulholland). City Council Meeting Tuesday, May 15, 2001 - 7:00 p.m. Page 4 2. REQUEST TO ALLOW ADDED TAXI OPERATOR IN THE CITY OF SAN LUIS OBISPO. Public Works Director McCluskev and Transit Manager O'Dell presented the staff report. Mayor Settle opened the public hearing. Rob Schultz, attorney representing Beach Cities Cab, and Jeff Goldenberg, owner of Beach Cities Cab, spoke in support of their request and argued that there is a need for a second taxicab service in San Luis Obispo. Council questions followed. Speaking in favor of.the request: Tim Golden, 242 Del Mar Court Shane Perkins, 1415 Stafford Street William Mincev. 1880 Santa Barbara Street Mayor Settle closed the public hearing. Council discussion followed. Council Member Mulholland spoke in favor of allowing at least one more taxicab operator in the City of San Luis Obispo. Council Member Marx agreed. Mayor Settle indicated that he is cautious about supporting another taxi operator in San Luis Obispo because it was tried previously and both taxi services went out of business because they could not make sufficient profits. He noted that he would be supportive if the addition of a second taxicab service comes back for review within a year. Council Member Schwartz and Vice Mayor Ewan concurred. Mr. Goldenberg agreed that he would be amenable to coming back for review within a specific time period. City Attorney Jorgensen advised the Council to direct staff to come back with a resolution granting a second cab service with a defined trial period. ACTION: Moved by Marx/Ewan to direct staff to bring back a resolution granting a second taxi operator in San Luis Obispo with a defined trial period. (5:0) BUSINESS ITEMS The Mayor took Item 4 out of order. 4. APPROVAL OF LONG-TERM FUNDING PLAN FOR THE PERFORMING ARTS CENTER. Council Member Marx gave an overview the plan and Assistant City Administrative Officer George presented the staff report. Public Comments Mary Beth Schroeder, 2085 Wilding Lane, does not support the City contributing funds to the Performing Arts Center. —end of public comments — Brief Council discussion ensued. City Council Meeting Page 5 Tuesday, May 15,2001- 7:00 p.m. - ACTION: Moved by Ewan /Schwartz to: 1) Approve the long -term funding recommendations developed. by an ad hoc task force of representatives from the City, California Polytechnic University (Cal Poly) and the Foundation for the Performing Arts Center (FPAC) for off - setting present and future budgetary deficits of the Performing Arts Center, and 2) direct staff to work with the other two PAC partners to revise the current Operating Agreement to reflect these recommendations; motion carried 5:0. 3. STENNER CANYON HYDROELECTRIC PLANT FEASIBILITY STUDY. Utilities Director Moss, Water Supply Supervisor Hamilton. and Water Division Manager Henderson presented the staff report. Brief Council questions followed. There were no public comments. ACTION: Moved by Ewan/Marx to: 1) Receive and file the "Stenner Canyon Hydroelectric Feasibility Study" by Henwood Energy Services, Inc. (HEST). 2) Direct staff to return to Council with a comprehensive energy policy for the City; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Schwartz gave an update of the May 2, 2001 Council of Governments (COG) meeting and the San Luis Obispo Regional Transit Authority (SLORTA) (memo on file in the Office of the City Clerk). Council Member Schwartz briefed Council on the May 8, 2001 meeting of the Downtown Association Board (memo on file in the Office of the City Clerk). Vice Mayor Ewan reported on the April 6, 2001 and May 11, 2001 meetings of the North County Water Purveyors Group (NCWPG) (memo on file in the Office of the City Clerk). Council Member Marx highlighted the latest news and events of the Economic Opportunity Commission (EOC) (memo on file of the Office of the City Clerk). Council Member Mulholland noted that the last meeting of the County Water Resources Board was canceled. Council Member Mulholland briefly reported on the May 2, 2001 meeting of the Cultural Heritage Committee. Council Member Schwartz announced that the open house and concert hosted by the Jack House Committee at the Jack House on Mother's Day, May 13, 2001 was a success. COMMUNICATIONS Vice Mayor Ewan asked that the Council reconsider the two options for improving safety at the Marsh Street pedestrian corssing (memo on file in the Office of the City Clerk). Public Works Director McCluskev Indicated that both a signal and in- pavement lighting have been approved and included in the budget He noted that the in- pavement lighting system can ' be installed soon. By consensus, Council agreed that they did not wish to change the prior Council direction and urged the expedition of the Installation of the in- pavement lights. Mayor Settle mentioned that he met recently with the developer of property located in the Orcutt Area and commented that preliminary plans may provide needed affordable housing. City Council Meeting Tuesday, May 15, 2001 - 7:00 p.m. Page 6 City Clerk Price requested input on meeting dates. Council agreed to cancel the first regular meeting in August and schedule a special meeting on Thursday, July 12, 2001 at 7:00 p.m. to discuss water management issues. Mayor Settle noted that he would be supportive of the request to exempt fees for background checks for the Big Brothers and Big Sisters program. Brief Council discussion followed. There was no action taken. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:00 pm. to Tuesday, May 2, 2001 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 6/512001 Mary Kopecky. Assistant City Clerk 1 1