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HomeMy WebLinkAbout05/07/2002MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 7, 2002 — 4:30 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 (arrived at 5:10 p.m.), 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, Parks and Recreation Director; Betsy DeJamette, Assistant to the City Administrative Officer; Neil Havlik, Natural Resources Manager; Michael Clarke, City Biologist; Michael Draze, Deputy Director of Community Development; Jay Walter, City Engineer PUBLIC COMMENT Natural Resources Manager Havlik reported that City Biologist Clarke recently received his certification as a Certified Fisheries Professional. STUDY SESSION 1. ALTERNATIVE METHODS FOR PUBLIC WORKS CONTRACTING Purpose: To receive a report from staff about the potential to increase Capital Improvement Project (CIP) productivity by the use of Job Order Contracting (JOC) and the Uniform Public Construction Cost Accounting Act (UPCCAA) methods; and to provide direction to staff, if the concept is approved, to return with language for Council approval that would place a Charter amendment on the November 2002 ballot. Public Works Director McCluskey and City Engineer Walter presented the staff report. Brief Council questions followed. Public Comments: Dave Romero, 2057 Skylark Lane, supported the recommendations and urged Council to adopt the proposal. City Council Meeting May 7, 2002 Page 2 Rich Koaeckv, County General Services Job Order Contracting Program Manager, and Leslie Halls, San Luis Obispo Building Exchange, endorsed the program. Both Mr. Kopecky and Ms. Halls had previous experience with these programs. --end of public comments — ACTION: Moved by Mulholland/Schwartz to: 1) Conceptually approved increasing Capital Improvement Project (CIP) productivity by the use of Job Order Contracting (JOC) and the Uniform Public Construction Cost Accounting Act (UPCCAA) methods. 2) Staff directed to return with language for Council approval in June 2002 that would place a Charter amendment on the November 2002 ballot; motion carried 5:0. COUNCIL LIAISON REPORTS Council took the Liaison Reports out of order. Council Member Schwartz presented an overview of the North County Resources Forum of May 2, 2002 (memo on file in the Office of the City Clerk). Council Member Ewan reported on the April 12, 2002 North County Water Purveyors Group meeting. Vice Mayor Marx gave an account of the April 24, 2002 and March 27, 2002 Economic Vitality Corporation (EVC) meetings. Vice Mayor Marx summarized the April 10, 2002 meeting of the Zone 9 Flood Control District. Council Member Mulholland reviewed the April 10' 2002 meeting of the Mass Transportation Committee. Council Member Mulholland recapped her April 11, 2002 visit to Little Steps Family Child Care. Council Member Mulholland presented the highlights of the April 18, 2002 Student Community Liaison Committee meeting. Council Member Mulholland reported on the April 22, 2002 Cultural Heritage Committee meeting and April 22, 2002 Tree Committee meeting. Council Member Mulholland reviewed the May 1, 2002 County Water Resources Advisory Committee meeting. Council Member Mulholland presented a review of the May 1, 2002 Human Relations Commission meeting. Council Member Mulholland noted that she and.Vice Mayor Marx met with Mardi Gras organizers on May 6, 2002. She offered to serve as an informal liaison to the group. By consensus Council concurred. Mayor Settle called a break at 5.42 p.m. The meetring reconvened at 7.05 pm. r� u 1 I--I u City Council Meeting May 7, 2002 Page 3 CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Ann Slate Employee Organization: San Luis Obispo Police Staff Officers' Association San Luis Obispo City Employees Association Agency Negotiator: Karen Jenny Employee Organization: San Luis Obispo Fire Battalion Chiefs City Attorney Jorgensen announced that the Council gave further direction for negotiations. Mayor Settle presented a proclamation to Carol Capito of the EOC Child Care Resource Center and Vicki Wheeler, EOC Child Care Connection Center, declaring May 10, 2002 as "Child Care Provider Appreciation Day." Mayor Settle presented a proclamation to Paul Boisvert, Community Resources Coordinator for the Woods Humane Society, declaring the week of May 5, 2002 to May 11, 2002 as "Be Kind to Animals Week." PUBLIC COMMENT Council Member Mulholland advised citizens that the creek and flood protection plan outlined in a brochure recently mailed to all City residents Is a federally mandated program. Staff added that a public hearing about this issue will be held on May 21, 2002. Siful Kelvin Harrison reiterated claims of harassment and discrimination. Mary Beth Schroeder. 2085 Wilding Lane, spoke in support of the parade ordinance (Item No. C6), and asked Mardi Gras parade coordinators to be responsible for the event. CONSENT AGENDA ACTION: Moved by Ewan/Mulholland to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES APRIL 9.2002 AND APRIL 16.2002. ACTION: Moved by Ewan/Mulholland to waive the oral reading and approve as amended; motion carried 5:0. C2. WATER REUSE PROJECT- ' ACTION: Moved by Ewan/Mulholland to approve and authorize distribution of a Request for Proposals for Construction Managements Services for the Water Reuse City Council Meeting May 7, 2002 Page 4 Project and authorize the City Administrative Officer (CAO) to award the contract if it Is within the project budget of $600,000 for this service; motion carried 5:0. ' C3. WATER REUSE PROJECT — AMEND DESIGN SERVICES CONTRACT. ACTION: Moved by Ewan/Mulholland to approve an addendum in the amount of $136,073 to the agreement with Brown and Caldwell for the design of the Water Reuse Project 2) Authorize the transfer of $130,000 from the Water Reuse Project CIP Construction account to the Water Reuse Project CIP Design account; motion carried 5:0. C4. UPGRADE JOHNSON AVENUE STORM WATER LIFT STATION CITY SPECIFICATION NO. 90259. ACTION: Moved by Ewan/Mulholland to: 1) Approve the Request for Proposals for upgrading Johnson Avenue Storm Water Lift Station. 2) Authorize soliciting of proposals. 3) Authorize the contract award by the City Administrative Officer if the proposed contract amount is below $75,000; motion carried 5:0. C5. RENEW PARTICIPATION IN JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM. ACTION: Moved by Ewan/Mulholland to: 1) Approve Juvenile Accountability Incentive Block Grant ( JAIBG) Application Submittal to the State Office of Criminal Justice Planning. 2) Renew participation in the JAIBG program by accepting the JAIBG grant award in the amount of $9,573. 3) Authorize the Chief of Police to execute all grant related documents; motion carried 5:0.. 1 C6. FINAL ADOPTION OF ORDINANCES RELATING TO PARADES AND SPECIAL EVENTS. ACTION: Moved by Ewan/Mulholland to: 1) Adopt Ordinance 1413 (2002 Series), repealing Municipal Code Chapter 5.76 entitled "Parades and Special Events" in its entirety. 2) Adopt Ordinance No. 1414 (2002 Series), adding a new Chapter 5.80 to the San Luis Obispo Municipal Code entitled "Parades and Assemblies." 3) Adopt Ordinance No. 1415 (2002 Series), adding Section 1.20.060 to Chapter 1.20 of the San Luis Obispo Municipal Code providing for prompt judicial review of City decisions for activities protected by the First Amendment of the United States Constitution; motion carried 5:0. PUBLIC HEARINGS 2. 2002 BICYCLE TRANSPORTATION PLAN UPDATE. Principal Transportation Planner Sanville presented the staff reporL Mayor Settle opened the public hearing. Bruce Collier. 1203 Piamo Street resident and former Bycicle Advisory Committee Member, urged adoption of the plan. Nick Muick, 3731 Orcutt Road, explained that although he generally supports the Bike Plan, he 1 and other neighbors In the Orcutt Area Specific Planning area have some concerns a specific City Council Meeting May 7, 2002 Page 5 bike path noted in the Plan for the Orcutt Area (See Figure 1). He argued that if the path is approved as depicted on the map, he and others will suffer a financial Impact. He requested that the Council remove the bike path from the Plan and asserted that by not doing so the result will be inverse condemnation. In closing, he voiced additional objection to the proposed bike route being included In the Orcutt Area Specific Plan. Ed Grady. 3821 Orcutt Road, expressed similar concerns as the previous speaker. Dave Romero, 2057 Skylark Lane, argued that the total cost to implement the Plan is in the millions and that it will take 92 years to complete. He urged the Council to keep in mind that 800/6 of all trips are taken by cars and buses and speculated that percentage is likely to go up. Mayor Settle closed the public hearing. Council questions and discussion followed. In response to public comment, Vice Mayor Marx pointed out that the Bike Plan is conceptual and assured the property owners that each bike path will be subject to public hearings and formal approval before being constructed. City Attorney Jorgenson advised that the law is clear on matters of inverse condemnation. He pointed out that the mere designation of a potential bike route on a plan does not constitute a taking. The Plan has not been approved; therefore there Is no legal taking. He added that if the Orcutt Area is not ultimately annexed into the City and not scheduled for development, the City would look at alternatives for bicycle connections. Council Member Mulholland argued that the Plan has environmental consequences. Principal Transportation Planner Sanville responded that the Council would get additional opportunities to comment and refine during Phase II of the Plan, which will come to the Council in the next fiscal year. There are no projects on the horizon for at least four years, he added. In response to Inquiry from Council Member Mulholland Principal Transportation Planner Sanville reported that the City must adopt a negative declaration of environmental impact for the revised Plan to qualify for the State grant process. Council Member Schwartz mentioned a typographical error on the Table of Contents and proposed that an introduction to the Plan be added to outline the amendments, with references to revised pages. Providing staff input for Phase II of the Plan, he suggested a greater delineation of traffic generators beyond those the Plan now Includes. He observed that the current Plan dwells far too much on the downtown and argued that there Is not enough information on traffic generators like shopping centers, parks, hospitals, post office, etc. He also proposed that the Plan include connections from outside of the City limits, i.e. Cuesta College. Lastly, he recommended that staff coordinate the Bicycle Plan and the Pedestrian Plan. A majority of the Council supported that recommendation. In response to Vice Mayor Marx, City Administrative Officer Hamolan reported that Phase II would go through the Bicycle Advisory Committee (BAC) and the Planning Commission before it comes to the Council. Public Works Director McCiuskev added that the BAC would initiate the process by September 2002. Vice Mayor Marx proposed some minor changes to pages 5 and 6 of the Plan. Public Works ' Director McCluskev Indicated the revisions would be appropriate for Phase U. Vice Mayor Marx suggested that the City also look at park and ride locations for bicycles. City Council Meeting May 7, 2002 Page 6 Council Member Mulholland suggested staff examine new designs for streets that will separate bicycles from motor vehicles. Council Member Ewan suggested that Phase II interface with County trails and favored expanding Class i trails. He noted that there are too many breaks in this Plan and suggested connecting the Class I trails. He asked staff to reassess the traffic generators, reevaluate the bikeways that parallel creeks, and create a list of priority projects. Additionally, he recommended working toward a more user - friendly document. 3. ACTION: Moved by Ewan/Marx to adopt Resolution No. 9308 (2002 Series) as recommended by the Planning Commission and the Bicycle Advisory Committee: 1) Approving revisions to the 1993 Bicycle Transportation Plan. 2) Approving the project's Negative Declaration; motion carried 5:0. Human Resources Director Slate presented the staff report. Mayor Settle opened the public hearing. There was none. Mayor Settle closed the public hearing. 4. ACTION: Moved by Mulholland/Marx to adopt a Resolution No. 9309 (2002 Series) of intention and introduce Ordinance No. 1416 (2002 Series) approving an amendment to the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide one -year final compensation when calculating retirement benefits for Police safety members; motion carried 5:0. Deputy Director of Community Development Draze presented the staff report. He noted that John Chapek was not an architect (as stated in the staff report and resolution) but rather the designer of the house and recommended revising the resolution to reflect that change. Mayor Settle opened the public hearing. Mary Beth Schroder, 2085 Wilding Lane, was supportive of the the staff recommendation. Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9310 (2002 Series) as recommended by the Cultural Heritage Committee adding 1902 Chorro Street to the Master List of Historic Resources; motion carried 5:0. BUSINESS ITEMS 5. ADOPT A RESOLUTION AGGEPTING Trig DUNAI IUN car• FUMUL, An I aLuL-r I UnC "GARNET" AND AUTHORIZATION TO INSTALL. D 1 1 1 City Council Meeting May 7, 2002 Page 7 Assistant to the City Administrative Officer DeJarnette presented the staff report. There were no public comments: ACTION: Moved by Mulholland/Ewan to: 1) As recommended by the Architectural Review Commission (ARC), adopt. Resolution No. 9311 (2002 Series) accepting the donation of the public art sculpture "Garnet" 2) Authorize staff to proceed with Installation on public property. 3) Appropriate $2,925 from the Public Art In -Lieu Fund to fund installation of the sculpture; motion carried 5:0. Council expressed appreciation to Diane Blakesley and the Kate Brittain. 6. DESIGN APPROVAL OF ART ON PUBLIC BUSES DEMONSTRATION PROJECT. Assistant to the City Administrative Officer DeJamette presented the staff report. Artist Liz Maruska responded to questions regarding the art application process. Public Comments: Mary Beth Schroder, 2085 Wilding Lane, urged Council to leave the buses unadorned. —end of public comments— ACTION: Moved by Mulholland/Schwartz to approve the design for the Art on Public Buses Demonstration Project, as recommended by the Mass Transportation Committee (MTC); motion carried 5:0. Mayor Settle called a break at 8:50 p.m. The meeting resumed at 9.10 p.m. 7. Community Development Director Mandeville presented the staff report. The applicant's representative, Andrew Merriam of Cannon Associates, introduced.John Vawtner. President of Capstone West who provided background on the proposed project. Jeff Larson, project architect, described the design and President Vawtner reviewed proposed project financing. Public Comments: Mary Beth Schroeder. 2085 Wilding Lane, asserted that Cal Poly should build student housing on their own property. Nick Muick. 3831 Orcutt Road, had questions about who would-reside in the complex and argued that If it is intended for student housing then the project should be near Cal Poly. He spoke In opposition to the circumvention of Sacramento and stated that he wants the street to go though. Additionally, he submitted letters in opposition from Bill Wilson (1690 Southwood Drive) and Ann Alers (no address provided). —end of public comments- City Council Meeting May 7, 2002 Page 8 Deputy Community Development Director Draze reported that the proposed housing has been designated as student housing and clarified that because the project Is private, it cannot be constructed on the campus. He also noted that it is too early in the process to address the issue of Sacramento Drive. Community Development Director Mandeville further stated that if this project were to be approved, the City would not stop lobbying the university to build more on- campus housing. Council questions to staff and the applicant followed. Vice Mayor Marx asked if these units would give the City housing credits with the State of California. Community Development Director Mandeville reported that there may be some flexibility in the State's criteria to count the units, however, more research will be required. Council Member Mulholland was supportive of housing on the site, but was not supportive of student housing on the site. She expressed concern regarding an adequate water supply and reported that she had received calls expressing neighborhood concerns. Council Member Ewan agreed that the site may be suitable for housing but there would be Impacts to the transit system, bicycle trails and parks. He also voiced concerns about getting permission from Union Pacific to extend the Safety Trail. Recognizing that the community has limited options for student housing, he remarked that he was leaning toward taking a look at the project, but that he was bracing himself for community concerns. Council Member Schwartz concurred. He stated that the project was a good idea in the wrong place and noted that he could support housing at this site, but could not support student housing. Vice Mayor Marx agreed that residential use may be an appropriate use for this site, but expressed concern about creek preservation. She was fascinated by the financing concepts, and liked the Idea of surplus revenues going to affordable housing. She said that she would rather see low market student rentals, which might inspire the lowering of rents throughout the community. Her big problem was the project's location in relation to the campus. She encouraged Capstone West to not give up on San Luis Obispo, but to explore other options such as partnering with Cuesta and contributing to the City bus system (like Cal Poly) rather than devising a new bus system. She also suggested that Capstone West consider structured parking and a small footprint for the buildings. Mayor Settle strongly encouraged Council to let the application proceed. He spoke in support of diversifying housing throughout the community and asked Council to allow the applicant to work out issues of concern during the development review process. He argued that there were other worktresidence patterns to consider and spoke to the merits of the proposed project, including the financing, the substantial review process ahead, and mitigation measures. Council Member Ewan encouraged the applicants to find a better location. City Attorney Jorgensen advised that the Council cannot refuse to accept an application and clarified that the purpose of the meeting was to give a temperature read on receptiveness fora General Plan Amendment. He pointed out that there did not appear to be a majority of the Council in support of the conceptual application for a General Plan amendment. City Council Meeting May 7, 2002 Page 9 MOTION: Moved by Schwartz/Mulholland to conclude discussion; motion passed 4:1 (Settle).' AIL- Mayor Settle suggested adding the City Administrative Officer's names to the City Council Perpetual Plaque. There were no objections. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 10:12 p.m. to Tuesday, May 14, 2002 at 7:00 p.m. In th Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 5/21/2002 LP:mk 1 1 Lee Price, C.M.C. City Clerk