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06/19/2001MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 19, 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 Wampian, 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; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJarnette, Assistant to the City Administrative Officer iCONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Chinatown/Court Street Negotiating Parties: City of San Luis Obispo: Ken Hampian, Jeff Jorgensen Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Status of Negotiations Closed session announcement: City Attorney Jorgensen reported that the session held PUBLIC COMMENT Joshua Stein asked the Council to consider closing Garden Street to automobiles and make it a place for community art and music. City Administrative Officer Hampian suggested that Mr. Stein propose his idea to the business owners on Garden Street Patricia Wilmore. Chamber of Commerce, asked the Council to join the Chamber with their "power down" program to help reach the goal of 20% energy reduction. The matter was referred to the Utilities Department and will be addressed as part of the Energy Policy coming to Council in a few weeks. City Council Meeting I Page 2 Tuesday, June 19, 2001 - 7:00 p.m. Alvin Victor Gordon. George Street resident, voiced concern about the construction at 1236 George Street. The matter was referred to Community Development Department staff. Duane Sumarall spoke in support of Item No. C6 Situ Kelvin Harrison reiterated complaints of harassment and discrimination. Brett Cross provided an alternative proposal for the downtown employee transit pass program. Downtown Association Administrator Holley reported that the Downtown Association is working with City staff and downtown employers to develop an employee parking program. NEW CITY EMPLOYEES Utilities Director Moss introduced Water Reclamation Operator Marc Lewis. CONSENT AGENDA C1. MINUTES OF MAY 29. 2001 AND JUNE 5, 2001. C2. C3. C4. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as presented; motion carried 5:0. COORDINATOR. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9194 approving the contracts of employment between the City of San Luis Obispo and the Downtown Association Administrator and the Thursday Night Activities and Promotions Coordinator; motion carried 5:0. ACTION: Moved by Mulholland/Ewan to 1) Approve the Cal Poly contribution schedules and scope of services for the Cal Poly Subsidy Program. 2) Adopt Resolution No. 9195 authorizing the City Administrative Officer to finalize and execute an agreement and other related tasks between the City and Cal Poly to continue the Cal Poly Subsidy Program; motion carried 5:0. ACTION: Moved by Mulholland/Ewan to approve by Resolution No. 9196 two Motor Vehicle Emission Reduction Fund (MOVER) grant applications for: 1) Downtown Transit Pass Buydown Project. 2) Vehicle Emission Reduction Project; motion carried 5:0. C5. APPROPRIATIONS LIMIT FOR 2001 -02. �r 1 1 City Council Meeting Page 3 Tuesday, June 19, 2001 - 7:00 p.m. ACTION: Moved by MulhollandlEwan to adopt Resolution No. 9197 establishing the City's appropriations limit for 2001 -02; motion carried 5:0. C6. MARGARITA AREA NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) PLAN. ACTION: Moved by Mulholland/Ewan to adopt the Margarita Area NTM Plan that calls for the installation of stop signs on Margarita Avenue at three intersections; motion carried 5:0. C7. ADOPT RESOLUTION DECLARING THE NEED FOR BEACH CITIES CAB COMPANY TO OPERATE TAXI SERVICE IN SAN LUIS OBISPO ON A ONE -YEAR TRIAL BASIS. ACTION: Moved by Mulholland/Ewan to 1) Adopt Resolution No. 9198 declaring the need of operation of two taxi operators in San Luis Obispo. 2) Authorize the City Administrative Officer or his designee to process the Certificate of Public Convenience and N@cessity and Taxi Permit to Beach Cities Cab Company on a one -year trial basis; motion carried (5:0). C8. JANITORIAL SERVICES CONTRACTS SPECIFICATION NO. 90201. ACTION: Moved by Mulholland/Ewan to: 1) Award a contract to ServiceMaster Commercial Building Maintenance in the amount of $69,492 per year to furnish janitorial service at City recreation facilities. 2) Award a contract to Excel Cleaning, Inc. in the amount of $53,484 per year to furnish janitorial service at City offices. 3) Award a contract to SP Maintenance Services in the amount of $47,580 per year to furnish janitorial service at City public restrooms. 4) Authorize the Mayor to execute the contracts. 5) Approve transferring $20,900 from the Park and Landscape Maintenance Program budget to the Building Maintenance Program budget; motion carried 5:0. C9. FINAL ADOPTION OF ORDINANCE NO. 1388 (2001 SERIES). REZONING PROPERTY AT 1795 MCCOLLUM TO R -1 PLANNED DEVELOPMENT (R- 1 -PD), PD/TRIER 189 -00. Council Member Mulholland pulled Item No. C9 for a separate vote. ACTION: Moved by Ewan/Marx to grant final passage to Ordinance No. .1388; motion carried 3:2 (Mulholland, Schwartz). C10. USE OF PROMOTIONAL COORDINATING COMMITTEE (PCC) ENHANCED PROMOTIONAL FUNDS. 1. ACTION: Moved by Mulholland/Ewan to: 1) Approve the Promotional Coordinating Committee's recommendation to allocate $6,600 of Enhanced Promotional Funds to the San Luis Obispo County Visitors and Conference Bureau (VCB) for launching a portion of the new County tourism brand image and additional advertising to promote the brand. 2) Authorize the Mayor to execute Amendment No. 1 to the Agreement with the San Luis Obispo Country VCB; motion carried 5:0. PUBLIC HEARINGS City Council Meeting Page 4 Tuesday, June 19, 2001 - 7:00 p.m. ...� ...,,......,... , 0 5. — — — - -...-- - -- -- -- - -- - -- -- - - - -- - - OF SAN LUIS OBISPO. Assistant City Attorney Truiillo presented the staff report and answered Council questions. Mayor Settle opened the public hearing. Kent Penigraw, Tosco representative, responded to questions from the Council relevant to crude oil transport and the condition, maintenance and inspection of the pipelines. In response to inquiry, he noted that Tosco Is merging with Phillips Petroleum. The merger is pending, he added. Assistant City Attorney Trujillo reported that the ordinance includes a provision for legal transfer and assignment. Mayor Settle closed the public hearing. Council Member Marx voiced surprise in learning that there are pipelines in San Luis Obispo and questioned what public benefit or purpose they serve. City Attorney Jorgensen advised that the City has no authority to revoke the franchise during the next ten years. He noted that in processing the assignment of Unocal to Tosco, the franchise agreement is being strengthened and concluded that this will be better for the City. Council Member Marx proposed that Council direct staff to bring these franchise agreements back for a review approximately two years before they both expire. She asserted that at that time the Council may wish to make a determination about whether these pipelines should remain underground of City streets. ACTION: Moved by Mulholland/Schwartz to: 1) Introduce Ordinance No. 1390 granting a franchise to TOSCO Corporation, and 2) Introduce Ordinance No. 1391 granting a franchise to Union Pipeline Company; motion carried 4:1 (Mark). The Council mutually agreed to direct staff to bring the franchise agreements back for review in 2009. 2. PROPOSED CHANGES TO TREE ORDINANCE. Arborist Martin and Tree Committee Chairperson Caminti presented the staff report. Mayor Settle opened the public hearing. There were no comments. Mayor Settle closed the public hearing. Council Member Mulholland proposed a minor change to 12.24.150 C. (When "the City designs" new sidewalks, curbs ... etc). There were no objections to the revision. ACTION: Moved by Schwartz/Mulholland to introduce Ordinance No. 1392 with a minor revision amending Section 12.24 Tree Regulations of the San Luis Obispo Municipal Code as recommended by the Tree Committee; motion carried 5:0. 3. ADOPTION OF 2001 -03 FINANCIAL PLAN AND BUDGET. Council Member Mulholland proposed that the goal to develop a Broad Street Corridor specific plan (currently prioritized as "address as resources permit ") come back at mid -year budget review so that the Council may consider moving the project forward in priority. Council Member Marx suggested that at mid -year the Council review all the goals with that priority status. City Council Meeting Page 5 Tuesday, June 19, 2001 - 7:00 p.m. ACTION: Moved by Ewan/Schwartz to: 1) Adopt Resolution No. 9199 approving the 2001 -03 Financial Plan and 2001 -02 Budget; and, 2) tiring back at mid -year a review of goals prioritized as "address as resources permit;" motion carried 5:0. ACTION: The Council unanimously agreed to support the approval of an amendment to the League of California Cities bylaws that will implement the "Grassroots Network" legislative advocacy program. BUSINESS ITEMS 4. RESOLUTION OF INTENT TO GRANT SAN LUIS GARBAGE COMPANY EXCLUSIVE FRANCHISES FOR GREEN WASTE`AND RESIDENTIAL RECYCLING COLLECTION SERVICES. Utilities Conservation Coordinator Munds presented the staff report. There were no public comments. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9200 declaring the City's intent to grant exclusive franchises to San Luis Garbage for green waste and residential curbside recycling collection services; motion carried 5:0. S. CONSULTANT SERVICES FOR REVISIONS TO THE COMMERCIAL ZONING REGULATIONS. ' ACTION: Moved by Marx/Ewan to approve the contract with Crawford, Multari, and Clark Associates, in the amount of $40,020 for commercial zoning revisions and authorize the City Administrative Officer to sign the agreement; motion carried 5:0. 6. THURSDAY NIGHT ACTIVITIES RULES, REGULATIONS AND FEES UPDATE. Downtown Association Administrator Holley presented the staff report. There were no public comments. 7. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9201 approving changes to Thursday Night Activities Rules and Regulations and increasing fees as outlined in the fee schedule; motion carried 5:0. Natural Resources Manager Havlik and City Biologist Clarke presented the staff report and responded to questions from the Council. Staff is advocating language in the easement that will provide the City with review and approval authority regarding the trimming and/or removal of trees and brush. Staff requested that the recommendation to approve the easement be postponed pending negotiation with PG &E for that language. ACTION: Moved by Mulholland/Marx to approve the conceptual restoration and enhancement plan ( "Conceptual Plan ") for the Filipponi Ecological Area as submitted by the Land Conservancy of San Luis Obispo County; motion carried 5:0. City Council Meeting Page 6 Tuesday, June 19, 2001 - 7:00 p.m. Action granting an easement to PG &E was continued to a date uncertain at staffs request. COUNCIL LIAISON REPORTS Vice Mayor Ewan briefed Council on the June 8, 2001 Water Purveyors Group meeting (memorandum on file in the Office of the City Clerk). Council Member Mulholland discussed the June 6, 2001 Human Resources Commission meeting. Council Member Mulholland reported on the -June 13, 2001 Mass Transportation Committee meeting. Council Member Mulholland commented on the June 14, 2001 Promotional Coordinating Committee meeting. Council Member Marx updated Council on the June 12, 2001 Downtown Association Board meeting. Council Member Marx discussed the most recent Zone 9 meeting and distributed a map indicating special floodplain management zones prepared by Questa Engineering Corporation (on file in the Office of the City Clerk). Council Member Marx reported on the Economic Opportunity Commission (EOC). She distributed the May 2001 Economic Opportunity Commission Health Services Division Report as well as information about EOC's Energy Conservation Services (on file in the Office of the City Clerk). Council Member Schwartz briefed Council on the June meetings of the San Luis Obispo Council of Governments and San Luis Obispo Regional Transit Authority. Mayor Settle reviewed the latest Performing Arts Center Partners meeting and noted that revisions to the operating agreement will be considered by Council at the meeting in August Mayor Settle reported that area mayors recently met with Chris McKenzie, Executive Director of the League of California Cities. A joint meeting of all the cities in San Luis Obispo County was proposed for October. COMMUNICATIONS Council Member Mulholland noted that she attended Cal Poly Professor Richard Lee's class. The graduating seniors presented a class study of the uptown area. Council Member Marx informed Council that she will be absent from the August 21, 2001 Council Meeting. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 9:58 p.m. to Tuesday, July 10, 2001 at 12:00 p.m. In the Council Chamber, 990 Palm Street, San Luis Obispo. City Council Meeting Tuesday, June 19, 2001 - 7:00 O.m. 1 APPROVED BY COUNCIL: 7/10101 LP:mk 1 City Clerk