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09/18/2001MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 18, 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; Jim Gardiner, Police Chief; John Moss, Utilities Director; Betsy DeJarnette, Assistant to the City Administrative Officer; John Shoals, Associate Planner; Neil Havlik, Natural Resources Manager MOMENT OF SILENCE Mayor Settle asked for a moment of silence in memory of the many American civilians and public safety officers who lost their lives because of terrorist attacks on the United States on September 11, 2001. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code § 54956.9 Existing Litigation: James Duenow v. City of San Luis Obispo City Attorney Jorgensen announced that the Council discussed a settlement proposal. Public Comments: Dave Romero, resident, urged Council to reinitiate the placement of flags in the downtown. Council directed staff to examine standard and appropriate places for displaying flags in the downtown. Paul Wolff, Human Relations Commission Chairperson, asked Council to endorse the Commission's desire to prepare a statement of tolerance relative to last week's tragic events for release to the press. Council concurred. Sifu Kelvin Harrison, resident, reiterated claims of harassment and discrimination. City Council Meeting Tuesday, September 18, 2001 - 7:00 p.m. Page 2 Mary Beth Schroeder, resident, recommended slowing down development and reiterated hopes that the City's building at 1341 Nipomo Street can be transformed into a senior's center. Carol Nulton, Laguna Lake Mobile Home Park resident, expressed concern regarding recent events in the park City Attorney Jorgensen invited her to make an appointment with him to learn more about the City's Mobile Home Rent Stabilization Ordinance. SPECIAL PRESENTATION Mayor Settle recognized Pam King and presented her with an Employee Suggestion Award for her work on the Electronic Timecard Program. CONSENT AGENDA Council Member Mulholland noted that she would be voting no on Item C3. ACTION: Moved by Mulholland/Schwartz to approve the consent agenda as recommended by the City Administrative Officer; motion carved 5:0. C1. MINUTES OF TUESDAY, SEPTEMBER 4.2001. ACTION: Moved by Mulholland/Schwartz to waive oral reading and approve as presented; motion carried 5:0. C2. FINAL ADOPTION OF ORDINANCE NO. 1400 (2001 SERIES). AMENDING THE BUILDING DEMOLITION AND RELOCATION CODE. ACTION: Moved by Mulholland/Schwartz to grant final adoption to Ordinance No. 1400 (2001 Series); motion carried 5:0. C3. FINAL ADOPTION OF ORDINANCE NUMBERS 1398 AND 1399 (2001) REZONING THE MID - HIGUERA ENHANCEMENT AREA (R39 -98) AND REVISING THE HIGUERA STREET BUILDING SETBACK LINE FOR HIGUERA STREET BETWEEN MARSH AND HIGH STREETS. ACTION: Moved by Mulholland/Schwartz to grant final adoption to Ordinance No. 1398 (2001 Series) and Ordinance No. 1399 (2001 Series);_ motion carried 4:1 (Mulholland). C4. AMENDMENT #5 TO THE CITY /COUNTY LIBRARY JOINT POWERS AGREEMENT. ACTION:, Moved by Mulholland/Schwarti to approve and authorize the Mayor to execute an amendment to the City/County Library Joint Powers Agreement to continue increased hours of operation on Wednesday evenings, until terminated by either party, in exchange for financial support to the County from the City;. motion carried 5:0. C5. WATER REUSE PROJECT DESIGN CONTRACT. ACTION: Moved by Mulholland/Schwartz to approve an addendum to the agreement with Brown and Caldwell for design of the Water Reuse Project In the amount of: 1) , $14,977 for design changes related to a revised pipeline route; and, 2) $35,000 for Special Engineering Services; motion carried 5:0. City Council Meeting Page 3 Tuesday, September 18, 2001 - 7:00 p.m. C6. PARTICIPATION IN JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM. C7. ACTION: Moved by Mulholland/Schwartz to: 1) Renew participation In the Juvenile Accountability Incentive Block Grant (JAIBG) program by accepting the JAIBG grant award in the amount of $10,360. 2) Approve an appropriation of $1,151 from the Police Department budget for City matching funds as a grant requirement. 3) Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. 9-01. ACTION: Moved by Mulholland/Schwartz to: 1) Adopt Resolution No. 9227 (2001 Series ) accepting the negotiated exchange of property tax revenue and annual property tax increment for the Creekside Annexation. 2) Adopt Resolution No. 9228 (2001 Series) accepting the negotiated exchange of property tax revenue and annual property tax increment for the Cannon Annexation; motion carried 5:0. C8. CONSULTANT CONTRACT AMENDMENTS AND FINAL PROJECT BUDGET: MARSH STREET GARAGE EXPANSION. ACTION: Moved by Mulholland/Schwartz to: 1) Finalize the project budget and funding sources for the Marsh Street Garage Expansion project in the amount of. $8,691,400, which is $363,000 than the previously approved budget (even with the proposed contract amendments below). 2) Approve contract amendments as follows and authorize the City Administrative Officer to execute revised agreements: a) Soils Engineering, Inc. ($33,120) for additional geo- technical services. b) Earth Systems Pacific ($33,796) for additional materials testing services. c) Applied EarthWorks ($65,502) for additional archaeological monitoring services. d) Harris & Associates ($72,480) for additional construction management. e) Phillips Metsch Sweeney Moore ($23,728) for additional construction administration. 3) Authorize an archaeological contingency of $75,000 for the project; motion carried 5:0. C9. PARTICIPATION IN LEAGUE OF CALIFORNIA CITIES PROGRAM TO REDUCE ENERGY CONSUMPTION BY 15 %. ACTION: Moved by Mulholland/Schwartz to authorize the Utilities Director to submit on behalf of the City the 15% energy reduction pledge to the League of California Cities; motion carried 5:0. C10. AUTHORIZATION TO APPLY FOR GRANT FUNDS- RECREATIONAL TRAILS PROGRAM. ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9229 (2001 Series) supporting a grant submittal In an amount up to $160,000 to the State of California, Department of Parks and Recreation, Recreational Trails Program for trail restoration and upgrade for Islay Hill, Bishop Peak, Reservoir Canyon, Cerro San Luis, Irish Hills, and Laguna Lake; motion carried 5:0. City Council Meeting Page 4 Tuesday, September 18, 2001 - 7:00 p.m. C11. AS THE AHEARN PROPERTY ACQUISITION. ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9230 (2001 Series) authorizing staff to complete and submit an application for grant monies in the amount of $100,000 from the State Habitat Conservation Fund, which would be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101; motion carried 5:0. PUBLIC HEARINGS 1. APPEAL OF CULTURAL HERITAGE COMMITTEE DETERMINATION THAT THE STRUCTURE AT 756 PALM STREET IS HISTORICALLY AND ARCHITECTURALLY SIGNIFICANT: BRIAN CAMPBELL, APPELLANT: RALPH PETERS. APPLICANT (ARC 164-00. Continued from 7- 17 -01. Community Development Director Mandeville presented the staff report. Mayor Settle opened the public hearing. Ralph Peters, 730 Evans Road (applicant/appellant), reported that the house Is unoccupied and argued that the building is not historic or architecturally significant. He explained that he hired a design consultant and a historian who found no archeological or historic link to the mission. The consultants did not make any recommendation to restore or preserve the structure or grounds, he added. The applicant/appellant debated alternatives and suggestions proposed by the Cultural Heritage Committee. Brian Campbell, appellantlapplicant's representative, also argued in support of the appeal and spoke to the merits of the proposed project. Dennis Ahearn, 537 Cerro Romauldo (owner of 752 Palm), explained that he came to the meeting because he is curious to see what action Council takes and how it might affect plans for his property. Kurt Kupper. 785 Buchon, commented in favor of the staff recommendation to deny the appeal. He spoke in support of preserving and protecting historic homes. He also proposed that if the City Council approves the relocation of historical buildings, than it should also designate an appropriate location for them. He suggested that the City work with property owners to create a repository for historically or architecturally significant buildings that need to be moved. Paula Carr. Cultural Heritage Committee Member, offered apologies for the apparent conflict and added that she wishes that the Cultural Heritage Committee could have the . opportunity to reward and recognize people, like the applicant, who have improved and restored historical buildings. She indicated that the CHC is eager to work with the applicant to redevelop the site and protect the resource. Thomas Wheeler. Cultural Heritage Committee Member, concurred. Mary Beth Schroder. 2085 Wilding Lane, spoke in favor of preserving the building. Brian Campbell presented rebuttal arguments and emphasized that in order to preserve the structure, windows will have to be removed. Community Development Director Mandeville L�J L City Council Meeting Page 5 Tuesday, September 18, 2001 - 7:00 p.m. confirmed that there are existing and non - conforming portions of the structure. Citv Attorney Jorgensen cautioned the Council that issues of non - conformity can be addressed as part of the re- design, which is not on the Council's agenda this evening. Ralph Peters offered final rebuttal arguments. Mayor Settle closed the public hearing. Individual Council comments followed unanimously in support of the recommendation to deny the appeal. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9231 (2001 Series) denying the appeal and concurring with the Cultural Heritage Commission findings motion carried 5:0. 2. EXPENDITURE OF 2001 STATE PUBLIC SAFETY GRANT FUNDS. Police Chief Gardiner presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Mulholland to adopt Resolution No. 9232 (2001 Series) to approve an expenditure of $100,000 from the 2001 -2002 California State Budget Grant to continue funding the salary and benefits for a Field Services Technician and a Communications Technician; motion carried 5:0. BUSINESS ITEMS Natural Resources Manager Havlik provided the staff report. Council questions followed. Council Member Mulholland voiced concern that staff has not developed an alternative location for transplanting. Council Member Schwartz indicated that he was under the impression that the Council had set aside one acre and in his view the City Is giving up more than one acre for what could be used for other activity. City Attorney Jorgensen noted that the area at Laguna Lake Park is in open space and is to be preserved in a natural condition. He noted that this program is a way to enhance a portion of the park. Public Comments: V.L. Holland, PhD, 1697 El Cerrito Court, provided additional background about natural habitat for the congdon tarplant and responded to questions from the Council. Brett Cross, 1217 Mariners Cove, questioned the staff recommendation, asserted that there are enough of the plants already and urged the Council to find other habitats to protect. —end of public comments- City Council Meeting Page 6 Tuesday, September 18, 2001 - 7:00 p.m. Council discussion followed. A majority of the Council shared the hope that Laguna Lake Park does not become the repository for rare and endangered displaced species. Staff was encouraged to ensure that mitigation measures are kept in balance. In addition, staff was requested to collect seeds from the transplanted plants at Laguna Lake for three years in lieu of doing it on the DeVaul property. ACTION: Moved by Marx/Ewan to accept the recommendation of the Parks and Recreation Commission and authorize the use of approximately one acre of land within the Laguna Lake Park open space area for mitigation of impacts to the Congdon's tarplant occasioned by the development of the DeVaul South housing project; motion carried 4:1 (Mulholland). Mayor Settle took Item five before four. 5. AUTHORIZATION TO PURCHASE APPROXIMATELY 242 ACRES OF REAL PROPERTY IN THE IRISH HILLS FROM THE JOHNSON FAMILY. Natural Resources Manager Havlik presented the staff report. Public Comments Patricia Wilmore, Chamber of Commerce, read a portion of a statement from Bert Forbes and encouraged the Council to complete the property acquisition. Mary Beth Schroder, 2085 Wilding Lane, spoke in support of the property acquisition. --end of public comments — Council Member Mulholland urged staff to continue to attempt to acquire more open space through dedications and easements, as opposed to acquisitions. Council Member Marx proposed that the unnamed stream or the pond on the property be named after the Johnson family if there is an option to do so. Natural Resources Manager HgXB pointed out that the property purchase agreement provides that the land be referred to as the "Johnson Ranch Open Space". Council Member Mulholland suggested that the stream or the pond be named after Mr. & Mrs. Bert Forbes. The possibility of naming the creek or the pond after the Johnson or the Forbes was referred to staff. ACTION: Moved by Mulholland/Marx to authorize the exercising of the Agreement -: of Option for Purchase and Sale of Real Property with Jeanette Ayers, Steven F. Curtiss, and Carolyn Silacci (collectively referred to herein as the Johnson family), for the purchase of 242 acres of land at Ontario Road for public benefit purposes, at a purchase price of $1,600,000, subject to approval by state granting agencies and . non - substantive changes approved by the City Attorney, and authorize the Mayor to execute the necessary documents associated with the transaction; motion carried 5:0. 4. Utilities Director Moss presented the staff report. He clarified that there is no fee to order the services. City Council Meeting Page 7 Tuesday, September 18, 2001 - 7:00 p.m. Public Comments end of public comments— ACTION: Moved by Ewan/Mulholland to authorize the Utilities Director to complete and submit an Energy Service Company (ESCo) Solutions Ordering Form from the State Department of General Services identifying the "Specific ESCo(s) Request" as the preferred option for procuring energy auditing services; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Schwartz updated Council on the September 6, 2001 meeting of the North County Water Resources Forum (memo on file in the Office of the City Clerk). Council Member Schwartz summarized the September 5, 2001 Parks and Recreation Commission meeting (memo on file In the Office of the City Clerk). Vice Mayor Ewan congratulated the City on exceeding the Integrated Waste Management Authority's diversion rate (memo on file in the Office of the City Clerk). Council Member Mulholland reported on the September 5, 2001 County Water Resources Advisory Committee meeting. Council Member Mulholland reviewed the Human Relations Commission meeting of September 5, 2001. ' Council Member Marx noted that the Economic Opportunity Commission and Zone 9 Committee did not meet in September. She also reported on the September 11, 2001 meeting of the Downtown Association. COMMUNICATIONS Mayor Settle urged Council to direct staff to research desalination as an option for water supply planning. Council concurred and asked staff to bring back information as part of Council's annual consideration of the Water Resources Status Report. Ma pr Settle announced that the League of California Cities Annual Meeting will be December W –2r which conflicts with the December 18, 2001 regular Council Meeting. Council agreed to meet on December 11, 2001 instead. Mayor Settle also reported that the Joint Cities/County Meeting (originally scheduled for October 10, 2001) has been postponed until after the first of year. Mayor Settle mentioned the September 10, 2001 letter from Local Agency Formation Commission (LAFCO) regarding future annexations and his response (on file in the Office of the City Clerk). Council briefly discussed the events of September 11, 2001 and voiced hope for tolerance throughout the community. 1 City Council Meeting Tuesday, September 18, 2001 - 7:00 p.m. Page 8 There being no further business to come before the City Council, Mayor Settle adioumed the meeting at 10:20 p.m. to Tuesday, October 2, 2001 at 7:00 p.m. i the cil Chamber, 990 Palm Street, San Luis Obispo. Lee Pri , C.M.C. City Clerk APPROVED BY COUNCIL: 10/02/01 LP:mk 1 1