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08/21/20011 1 MINUTES. REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 21, 2001 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle Absent: Council Member Jan Marx 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, Parks and Recreation Director; Betsy DeJamette, Assistant to the City Administrative Officer; Terry Sanville, Transportation Planner; Whitney Mcllvaine, Associate Planner; David Hix, Wastewater Division Manager; Karen Jenny, Risk Manager; Jeff Hook, Associate Planner; Mary Kopecky, Assistant City Clerk; Ron Whisenand, Development Review Manager CLOSED SESSION ANNOUNCEMENT PUBLIC EMPLOYEE DISCIPLINE Pursuant to Government Code § 54957. Assistant City Attorney Trujillo announced that the closed session was conducted. Utilities Director Moss introduced Patti Gwathmey, the City's new Industrial Waste Coordinator. Finance Director Statler introduced Jeremy Dold, Information System Technician. Parks and Recreation Director LeSage introduced Shannon Salyer, Recreation Supervisor for Children's Services. City Council Meeting Tuesday, August 21, 2001 - 7:00 p.m. Page 2 Mayor Settle presented a proclamation to Dave Ross, Mountain Express Driver of the Year, and Betty Moss, Mountain Valley Terminal Manager, proclaiming August 27, 2001 to August 31, 2001 as National Truck Driver Appreciation Week. PUBLIC COMMENT Willow Kelley. Orcutt Road resident, expressed concern regarding the lack of a paved sidewalk between Laurel Lane and the west side of the rail line on Orcutt. She argued that this results in unsafe conditions for disabled citizens. Public Works Director McCluskev agreed to prepare a memo to the Council discussing what can be done now or later should the City receive the $600,000 grant from the San Luis Obispo Council of Governments (SLOCOG) for the at -grade crossing. Kelvin Sifu Harrison reiterated claims of harassment and discrimination. Mary Beth Schroeder asked Council to consider converting the Parks and Recreation Department building at 1341 Nipomo Street to a senior center. CONSENT AGENDA Council Member Mulholland requested additional information regarding items C6 and C7. Item C5 was pulled for questions and discussion. City Administrative Officer Hampian summarized additional staff recommendations for the item distributed after the agenda was posted. ACTION: Moved by Schwartz/Ewan to approve the consent agenda as recommended with the additional recommendations for Item C5; motion carried 4:0. C1. MINUTES OF JULY 10, JULY 12, JULY 17, AND AUGUST 3, 2001. C2. ACTION: Moved by Schwartz/Ewan to waive oral reading and approve as presented; motion carried 4:0. ACTION: Moved by Schwartz[Ewan to grant final adoption to Ordinance No. 1389 (2001 Series); motion carved 4:0. C3. CITY DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. ACTION: Moved by Schwartz/Ewan to: 1) Approve the Disadvantaged Business Enterprise Program for Fiscal Year 2001 -02 for Federal Department of Transportation funded projects and authorize the Mayor to sign the program. 2) Adopt Resolution No 9221 (2001 Series) to authorize the City Administrative Officer to approve annual goals and sign the City Disadvantaged Business Enterprise City Council Meeting Page 3 Tuesday, August 21, 2001- 7:00 p.m. Program in the future. 3) Confirm the designation of the City as a Non - Certifying Agency for purposes of the Unified Certification Program; motion carried 5:0. C4. SIDEWALK REPAIR PROJECT 2001 -02 - SPECIFICATION NO. 90294. ACTION: Moved by SchwartziEwan to: 1) Approve plans and specifications for "Sidewalk Removal and Replacement, Specification No. 90294." 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 4:0. C5. BATTING CAGE DONATION. C6. ACTION: Moved by Schwartz[Ewan to: 1) Approve the recommendations of the Parks and Recreation Commission and the Joint Use Committee to accept the donation of batting cages In Sinsheimer Park made by the San Luis Obispo Youth Sports Association. 2) Authorize the Mayor to sign the Donor Agreement. 3) Approve user fees ranging from $3.00 (for youth) to $8.00 (for adults) per hour for the batting cages. 4) Direct the City Administrative Officer to enter into agreements with sports organizations for the use of the batting cages, consistent with the following principles: A) Batting cages will be available to sport organizations on an equitable basis, regardless of fees being pre -paid or not. The cages use will be distributed in the same manner as field use Is now determined. B) No more than one half the available batting cage time (four cages) will be available for sports organization use. C) Leagues will receive use credit for pre - payment of fees, at an hourly rate to be determined each year of use. Once the pre -paid amount is used up, the league will be expected to pay the hourly rate for use of the cages. For youth programs that rate would be $3 per hour during the first year of use. D) Only an organized team under the supervision of a coach or league official would be able to use the cages under the terns of this agreement. Players from the league would be able to use the cages on their own, and at their own expense, as would any member of the public. E) The use of the cages under this agreement would be limited to the league and tournament seasons of the organizations. F) The organizations may not assign the use of the cages, under terms of this agreement, to other organizations or individuals. G) The agreements will also contain the standard hold and waiver of liability clauses; a motion carried 4:0. Parks and Recreation Director LeSage agreed to bring back batting cage user agreements with organizations via a CAO Report. ACTION: Moved by SchwartziEwan to: 1) Approve a Request for Proposals for a 2.4 GHz solution for the data transmission component of the San Luis Obispo Police Department Mobile Digital Computer (MDC) system and authorize contract award by the City Administrative Officer if the proposed contract amount is less than $125,000. 2) Approve a Request for Proposals for the hardware components of the San Luis Obispo Police Department Mobile Digital Computer (MDC) system and authorize contract award by the City Administrative Officer if the proposed contract amount is less than $215,000; motion carried 4:0. City Council Meeting Page 4 Tuesday, August 21, 2001 - 7:00 p.m. C7. CONSULTANT SERVICES — REQUESTS FOR QUALIFICATIONSITESTING SERVICES. ' ACTION: Moved by Schwartz/Ewan to :1) Approve Requests for Qualifications for Testing of Contaminated Soils and Materials Testing Services. 2) Authorize the City Administrative Officer to execute an agreement with the top selected consultants for each field. 3) Authorize the City Administrative Officer to execute purchase orders up to $50,000 for individual service agreements where funding is available In the project account for those services; motion carried 4:0. PUBLIC HEARINGS 1. ZONING MAP AMENDMENTS AND REVISED BUILDING SETBACK LINE TO IMPLEMENT THE MID - HIGUERA STREET ENHANCEMENT PLAN (R39 -98). Mayor Settle opened the public hearing. Dave Hite, owner of The Tire Store, expressed concern regarding the zoning change and added that he hopes his current business hours will not be required to change. Mayor Settle closed the public hearing. Council Member Mulholland suggested that the Council continue this matter until all members of the Council are present. ACTION: Moved by Mulholland/Ewan to continue the item to a date uncertain; motion carried 4:0. 2. GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO ALLOW NEIGHBORHOOD COMMERCIAL USES (GP/R 35-01),3975 SOUTH HIGUERA. Associate Planner Mcllvaine presented the staff report. Mayor Settle opened the public hearing. John Truesdale, manager of Trader Joe's, spoke in favor of the General Plan Amendment and encouraged Council to support it Mary Beth Schroeder. San Luis Obispo resident, voiced opposition to further commercial development at this location. Terry Sanville. Creekside Mobile Home Park resident, spoke in favor of the rezoning because he and his family are able to walk to the shopping center. Mayor Settle closed the public hearing. Council discussion followed. Council Member Schwartz commented that although he agrees that additional services are needed in this neighborhood, he is concerned that the proposed project is not "neighborhood friendly" and will not facilitate alternative transportation. He also noted for the record that he does not want this type of planning to be a model for future development and hoped that the site plan can be revised to provide better pedestrian access. City Council Meeting Page 5 Tuesday, August 21, 2001 - 7:00 p.m. Council Member Mulholland pointed.out several instances in the mitigation measures where the word "should" was used. She suggested that the word "should" be changed to "shall." Vice Mayor Ewan also expressed concerns with pedestrian access and streetscape. Victor Montgomery project architect, distributed copies of preliminary plans and uses (on file in the Office of the City Clerk) and stated that the applicant is willing to do whatever can be done to improve the site within the confines of the present building layout. He noted that most of the infrastructure is already built, however, there are still opportunities to make changes in pedestrian crossings, sidewalks, and employee areas. Community Development Director Mandeville recommended that a condition of approval be added requiring the applicant to submit a final plan subject to the approval of the Community Development Director. ACTION: Moved by Ewan/Settle to: 1) Adopt Resolution No. 9222 (2001 Series), as amended, amending the General Plan Land Use Element map to change the land use designation from Services and Manufacturing to Neighborhood Commercial and approving a mitigated negative declaration (ER 35-01) and including provisions for pedestrian access as outlined on the map (Exhibit B of the resolution). 2) Introduce Ordinance No. 1397 (2001 Series), as amended, changing the zoning on the subject property from Service - Commercial to Neighborhood - Commercial; motion carried 3:1, Schwartz. BUSINESS ITEMS 3. REGIONAL TRANSPORTATION IMPROVEMENT (RTIP) GRANT APPLICATIONS. Public Works Director McCluskey presented the staff report. Council discussion followed. Council Member Mulholland expressed concerns about the "Sinsheimer School Access" grant request and asked Council to consider a separate motion on that project She indicated that she could not support the project because a portion of the proposed trail would be located within the creek setback area. Council Member Schwartz asked staff if it was possible to under - ground street light power lines as part of the Monterey Street Rehabilitation project. Public Works Director McCluskev Indicated that this could be done, but would require funding from the General Fund. There were no objections to a separate vote on the project. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9223 to: 1) Authorize the City Administrative Officer to submit RTIP grant applications to the San Luis Obispo Council of Governments (SLOCOG) for the projects listed here and to execute all requisite agreements with SLOCOG associated with these projects: A) Phase I Santa Barbara Avenue Widening ($455,000). B) Orcutt Road Widening at the Union Pacific Railroad ($600,000). C) Monterey Street Rehabilitation ($350,000). Staff directed to consider under-grounding the power lines crossing over Monterey Street as part of the General Fund match. D) Phase II Los Osos Valley Road Medians ' ($150,000). E) Railroad Safety Trail Program ($350,000). G) San Luis Obispo Transit Bus Rehabilitation ($360,000). H) Regional Fare Pass Interface ($73,500). 1) Santa Rosa Street Traffic Signal Improvements ($76,000). J) Broad Street Pedestrian City Council Meeting Tuesday, August 21, 2001 - 7:00 p.m. Page 6 Signal Improvements ($51,000). 2) Approve the draft Project Study Report (PSR) equivalent for the Santa Barbara Avenue Widening project; motion carried 4:0. ACTION: Moved by Ewan/Schwartz to authorize the City Administrative Officer to ' submit a RTIP grant application to the San Luis Obispo Council of Governments (SLOCOG) for the Sinsheimer School Access Trail ($350,000), and further to provide direction to staff to contact the school district to see if they will consider yielding the land to allow a pathway that will conform with the creek setback requirements; motion carried 3:1 Mulholland. COMMUNICATIONS None COUNCIL LIAISON REPORTS Council Member Mulholland presented an overview of a recent meeting at the Califoma Men's Colony Advisory Committee. Council Member Mulholland reported on the August 16, 2001 Student Community Liaison Committee (SCLC) Meeting. Council Member Schwartz updated Council on the August 8, 2001 San Luis Obiso Council of Governments (SLOCOG) Meeting (memo on file in the Office of the City Clerk). Mayor Settle presented an overview of the August 15, 2001 Airport Land Use Commission meeting. Vice Mayor Ewan reported on the most recent meeting of the North County Water Purveyors Group. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 9:30 p.m. to Tuesday, September 4, 2001 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Mary Ko ecky Assistant ty Cl rk APPROVED BY COUNCIL: 9/04/2001