HomeMy WebLinkAbout09/03/2002r-7
I
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 3, 2002 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz,
Vice Mayor Jan Howell Marx, 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; Wolfgang Knabe, Fire Chief;
John Moss, Utilities Director; Mike McCluskey, Public Works
Director; Paul LeSage, Parks and Recreation Director; Ron
Whisenand, Deputy Community Development Director; Tim Bochum,
Deputy Public Works Director; Gary Henderson, Water Division
Manager; David Hix, Waste Water Collection Manager
PUBLIC COMMENT
None.
CONSENT AGENDA
Vice Mayor Marx and Council Member Ewan abstained from C1 (Minutes of the August 2e
meeting) due to absences.
Council Member Mulholland stated she will vote no on C4 and C12.
Gary Fowler spoke in opposition to Item C13 (Ambulance Reimbursement Contract). City
Administrative Officer Hampian reported that the contract is negotiated on a countywide
basis. Fire Chief Knabe clarified that the compensation is to reimburse the ambulance
company for cardio life support costs only, if the ambulance transports.
Mary Beth Schroeder, 2085 Wilding Lane, complained about the Architectural Review
Commission and Council meetings being held at the same time. She also voiced objection
to C7 and C8 (Ludwick Community Center and Block Grant Funds) because she believes
the money should be used for a senior center at 1341 Nipomo Street.
ACTION: Moved by Schwartz/ Marx to approve the consent agenda as recommended
by the City Administrative Officer with the exception of Council Member Mulholland
voting no on C4 and C12; motion carried 5:0.
City Council Meeting
Tuesday, September 3, 2002 — 4:00 p.m.
Page 2
C1. MINUTES OF TUESDAY, AUGUST 20, 2002. 1
ACTION: Moved by Schwartz/Marx to waive oral reading and approve as submitted;
motion carried 3:0 (Ewan and Marx abstained due to their absence at the August 20th
meeting).
C2. FINAL PASSAGE OF ORDINANCE NO. 1421 TO IMPLEMENT 2.70/6 AT 55
RETIREMENT FORMULA FOR MISCELLANEOUS MEMBERS OF CALIPERS.
ACTION: Moved by Schwartz/Marx to grant final passage of Ordinance No. 1421
(2002 Series); motion carried 5:0.
C3. HVAC IMPROVEMENTS FOR CORPORATION YARD AND BUS MAINTENANCE
YARD, SPECIFICATION NO. 90116.
ACTION: Moved by SchwartztMarx to: 1) approve plans and specifications for
"HVAC Improvements, Specification No. 90116." 2) Authorize staff to solicit bids. 3)
Authorize the City Administrative Officer to award a contract if the lowest
responsible bid is within the engineer's estimate. 4) Approve transfer of $32,150
from completed projects to this project account. 5) Appropriate $6,050 from the
Transit Fund (TDA) to this project fund; motion carried 5:0.
C4. REGIONAL MARKETING SERVICES AGREEMENT WITH THE ECONOMIC VITALITY
CORPORATION (EVC) OF SAN LUIS OBISPO COUNTY.
ACTION: Moved by SchwartzlMarx to approve 2002 -2003 Agreement with the EVC in
the amount of $15,000 for regional marketing services; motion carried 4:1
(Mulholland).
C5. STEELHEAD PASSAGE RESTORATION ON COON CREEK — A MITIGATION FOR THE
WATER REUSE PROJECT.
ACTION: Moved by SchwartrJMarx to approve and authorize the distribution of a
Request for Proposals for Engineering Services to design a steelhead passage
restoration project as mitigation for the Water Reuse Project and authorize the CAO
to award the contract if within the project budget for this service of $50,000; motion
carried 5:0.
C6. SAN LUIS OBISPO POLICE DEPARTMENT WOMEN'S LOCKER ROOM ADDITION
SPECIFICATION NO. 90052B.
ACTION: Moved by Schwartz/Marx to: 1) approve plans and specifications for "San
Luis Obispo Police Department Women's Locker Room Addition," Specification No.
90052B. 2) authorize staff to advertise for bids and authorize the CAD to award the
contract if the lowest responsible bid is within the engineer's estimate of $159,000;
motion carried 5:0.
C7. LUDWICK COMMUNITY CENTER REMODEL, SPECIFICATION NO. 90163.
ACTION: Moved by Schwartz/Marx to: 1) approve plans and specifications for
Ludwick Community Center Remodel," Specification No. 90163 as recommended by
the Parks and Recreation Commission and the Architectural Review Commission.
2) Authorize staff to advertise for bids and authorize the CAO to award the contract
City Council Meeting
Tuesday, September 3, 2002 — 4:00 p.m.
Page 3
if the lowest responsible bid is within the engineer's estimate of $612,000; motion
1 carried 5:0.
C8. AUTHORIZATION TO APPLY FOR GRANT FUNDS — ROBERTI- Z'BERG- HARRIS
(RZH) BLOCK GRANT.
ACTION: Moved by Schwartz/Marx to: 1) reallocate the estimated revenues in the
2001 -03 Financial Plan from the State RZH block grant program ($115,000) from the
Santa Rosa Park improvements ($62,500) and Sinsheimer Park improvements
($52,500) projects to renovation of the Ludwick Center. 2) Adopt Resolution No.
9359 (2002 Series) applying for $123,346 in State RZH block grant funds (about
$10,000 more than the original estimate) for renovation of the Ludwick Center;
motion carried 5:0.
C9. WATER RECLAMATION FACILITY IMPROVEMENTS PROJECT REQUEST FOR
PROPOSALS, SPECIFICATION NO. 90341.
ACTION: Moved by SchwartzJMarx to approve the Request for Proposals for the
Water Reclamation Facility Improvement Project study and design, authorize staff to
solicit proposals, and authorize contract award for the study phase (Phase 1) by the
CAO if the negotiated amount with the selected consultant is less than the budget of
$100,000; motion carried 5:0.
C10. WATER REUSE MASTER PLAN.
ACTION: Moved by Schwartz/Marx to: 1) adopt Resolution No. 9360 (2002 Series)
' authorizing application for a grant from the State Water Resources Control Board
for the Water Reuse Master Plan; and, 2) approve the request for proposals and
authorize staff to solicit proposals for the Water Reuse Master Plan; motion carried
5:0.
C11. WATER REUSE PROJECT- AWARD CONTRACT FOR CONSTRUCTION
MANAGEMENT SERVICES.
ACTION: Moved by Schwartz/Marx to: 1) approve contract with Tetra Tech in the
amount of $768,402 for Construction Management Services for the Water Reuse
Project and authorize the Mayor to execute the contract. 2) Approve the transfer of
$168,402 from the Water Reuse Project Construction Account to the Construction
Management Account; motion carried 5:0.
C12. DESIGN FOR TENANT IMPROVEMENTS AT 919 PALM STREET, SPECIFICATION NO.
90323.
ACTION: Moved by Schwartz/Marx to: 1) award an agreement in the amount of
$89,290 to RRM Design Group to furnish design services for tenant improvements
at 919 Palm Street under Specification No. 90323. 2) Authorize the Mayor to execute
the agreement; motion carried 4:1 (Mulholland).
C13. AMBULANCE CONTRACT REIMBURSEMENT.
ACTION: Moved by Schwartz/Marx to approve a contract with San Luis Ambulance
Services, Inc., authorizing them to bill persons for first - response emergency
medical services provided by the Fire Department (First Responder Agency [FRA])
and authorize the Mayor to execute the contract; motion carried 5:0.
City Council Meeting
Tuesday, September 3, 2002 — 4:00 p.m.
Page 4
C14. GOAL - SETTING AND FINANCIAL PLAN SCHEDULE FOR 2003 -05.
ACTION: Moved by Schwartz/Marx to approve the goal- setting and Financial Plan
schedule for 2003 -05; motion carried 5:0.
C15. APPROVAL OF A RESTRICTIVE COVENANT ON THE FORMER FOSTER PROPERTY.
ACTION: Moved by SchwartzlMarx to approve a Restrictive Covenant covering the
154 acre former Foster property, now owned by the City of San Luis Obispo, and
part of the Irish Hills Natural Reserve, subject to non - substantive changes approved
by the City Attorney, as required by the reimbursement process of the $150,000
Coastal Resources grant for the property; motion carried 5:0.
C16. FLEET EXPANSION - BATTERY- POWERED UTILITY CARTS.
ACTION: Moved by SchwartzlMarx to authorize expansion of the City fleet through
acquisition of ten Ford Th!nk battery- powered utility carts from Barber Ford of
Ventura (cost per vehicle: about $100 for transportation costs); motion carried 5:0.
C17. REIMBURSEMENT TO DEVELOPER FOR ORCUTT ROAD CULVERT EXTENSION
UNDER AN EXISTING STREET WIDENING AGREEMENT (PM SLO 99 -214).
ACTION: Moved by Schwartz/Marx to: 1) authorize $137,620.53 payment to Source
Commercial Group (Dan Lemburg, et al) for work performed under the provisions of
an agreement between the City and Marilyn Stickler, et al; 2) approve a budget
amendment to transfer $40,000 budgeted for a nearby culvert extension under
"Street Widening — Orcutt Road (Duncan - Bullock)," and $23,000 CIP Reserve Fund
into the subject project account; motion carried 5:0.
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATIONS TO THE HUMAN RELATIONS COMMISSION
H( RC).
ACTION: Moved by Mulholland/Ewan to make the following appointments: 1)
Maureen Forsberg to Till a term beginning October 1, 2002, and ending September
30,2006; 2) Elise Wheeler to fill a term beginning October 1, 2002, and ending
September 30,2006; motion carried 5:0.
PUBLIC HEARING
1. CONSIDERATION OF THE CREATION OF A PARKING IN LIEU FEE ZONE IN THE
OTHER/ER 22 -02. (CONTINUED FROM 8120/02)
Development Review Manager Whisenand, Deputy Public Works Director Bochum and
Associate Planner Corey presented the staff report. Council questions followed.
Mayor Settle opened the public hearing.
Sean Gillham, Vice President of the Children's Museum, spoke in support of the staff
recommendation and added that approval would allow the Museum to expand or remodel
City Council Meeting Page 5
Tuesday, September 3, 2002 — 4:00 p.m.
without being required to provide additional on -site parking.
iDave Romero, 2057 Skylark Lane, spoke in support but cautioned the Council to protect the
in -lieu fees.
Karen Kile, Executive Director of SLO Arts Center, spoke in favor.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to parking garages and big
box stores.
Deborah Holley, Downtown Association Administrator, reported that the DA Parking
Committee had not had an opportunity to take a position to forward to the Board, but
explained that the Association supports measures that help downtown businesses do
better business. She pointed out that several businesses, including Tom's Toys, have paid
in -lieu fees and are still waiting for much needed parking.
Mayor Settle closed the public hearing.
Council Member Schwartz voiced support for the concept, but voiced concern about the
inclusion of the Mission Plaza. Community Development Director Mandeville clarified that
Mission Plaza is owned by the City, which is in control of the property and any future
development of the property.
Council Member Mulholland commented that the parking shortage will be exacerbated by
this plan and expressed concern about those that have paid in -lieu fees already. She
asserted that the boundary proposed will create a new need of 1500 spaces and argued that
in -lieu fees do not keep pace with costs for constructing parking garages. Lastly, she
emphasized that there are no clear time frames for building a parking garage for the lower
downtown.
Vice Mayor Marx and Council Member Ewan spoke in favor of the recommendations.
Deputy Community Development Director Whisenand pointed out minor modifications to
the draft ordinance, including amending the word "zone" in all instances to "area" and
clarifying reference to on -sight parking. There were no objections by the Council to the
revisions.
ACTION: Moved by Marx/Ewan to introduce Ordinance No. 1422 (2002 Series), as
amended, adopting a Negative Declaration of Environmental Iffpact (ER 22-02) and
amending Chapter 4.30, Section 4.30.010, Section 4.30.150, Section 4.30.20 and
Section 17.16.60 of the City of San Luis Obispo Municipal Code creating the Parking
In Lieu Fee Area; motion carried 4:1 (Mulholland).
BUSINESS ITEMS
2. EMPLOYEE MORTGAGE ASSISTANCE PROGRAM.
Human Resources Director Slate and Finance Director Statler presented the staff report.
Council questions followed.
Public Comments:
' Police Chief Gardiner spoke in support.
City Council Meeting
Tuesday, September 3, 2002 – 4:00 p.m.
Page 6
Dave Romero, 2057 Skylark, spoke in favor but mentioned that salaries are too low to be
competitive for statewide recruitments.
—end of public comments—
Council Member Mulholland voiced apprehension because the program offers a benefit
only to executive staff.
Council Member Schwartz commented that by allowing assistance with a home purchase
within a thirty- minute distance might encourage commuting. Human Resources Director
Slate clarified that there is a greater incentive to buy a home within the City of San Luis
Obispo built into the program.
ACTION: Moved by Ewan/Marx to approve the guidelines for a mortgage loan
assistance program and authorize the CAO to finalize actions necessary for
implementation; motion carried 4:1 (Mulholland).
3. REVIEW OF PLANNING COMMISSION RECOMMENDATIONS REGARDING PARKING
AND ACCESS OVERSIGHT RESPONSIBILITIES.
Public Works Director McCluskey and Deputy Public Works Director Bochum presented the
staff report. There were no public comments.
ACTION: Moved by Ewan/Mulholland to receive the Planning Commission's
recommendations regarding added duties; motion carried 5:0.
ACTION: Moved by Marx/Mulholland to not form a new committee; motion carried
5:0..
At 5:55 p.m. Mayor Settle called a recess. At 6:45 p.m. the Council reconvened in Closed
Session.
CLOSED SESSION
CONFERENCE WITH PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
PROPERTY:
NEGOTIATING PARTIES:
Open space land on Buckley Road near the
airport
City of San Luis Obispo:
Neil Havlik
Property Owner Representative:
Eriole and Naomie Brughelli
NEGOTIATION: Whether to Acquire Conservation Easement
At 7:00 p.m., the Council reconvened in open session. City Attorney Jorgensen announced
that the Council authorized further negotiations.
PUBLIC COMMENT
1
City Council Meeting Page 7
Tuesday, September 3, 2002 — 4:00 p.m.
Willow Kelly encouraged the community to participate in "Car -Free Days," September 13 -27'".
' She expressed concern about the danger to pedestrians from vehicles and announced that
there will be a vigil on September 28th at the old Vons site to commemorate those that have
died, and to celebrate a new millennium that is car -free.
Sifu Kelvin Harrison reiterated claims of harassment.
PRESENTATION
Susan Coward and Lisa Burnside provided a video presentation to the Council on the
Mayor's Youth Task Force Teen Asset Video Project.
PUBLIC HEARING CONTINUED
4. COURT STREET AND MORRO STREET ABANDONMENTS.
Public Works Director McCluskey presented the staff reports.
1
1
Mayor Settle opened the public hearing.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to both abandonments.
Mayor Settle closed the public hearing.
A. ABANDONMENT OF COURT STREET, BETWEEN MONTEREY AND
HIGUERA STREETS.
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9361 (2002 Series) to
abandon Court Street, subject to the recommended conditions; motion
carried 4:1 (Mulholland).
B. ABANDONMENT OF A PORTION OF MORRO STREET, BETWEEN
PALM AND MONTEREY STREETS.
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9362 (2002) to
abandon a portion of Morro Street, between Palm and Monterey Streets,
subject to the recommended conditions; motion carried 4:1 (Mulholland).
5. AMENDING THE GENERAL PLAN WATER AND WASTEWATER MANAGEMENT
ELEMENT POLICIES.
Utilities Director Moss and Water Division Manager Henderson presented the staff report.
Mayor Settle opened the public hearing.
Dave Romero, 2057 Skylark Lane, spoke in support of the recommendation.
Mayor Settle closed the public hearing.
Brief Council comments followed.
City Council Meeting
Tuesday, September 3, 2002 — 4:00 p.m.
Page 8
ACTION: Moved by Mulholland/Marx to adopt a Resolution No. 9363 (2002 Series)
approving a negative declaration of environmental impact and amending the Water
Management Element relative to the reliability reserve, supplying new development
and accounting for reclaimed water; motion carried 5:0.
BUSINESS ITEM
6. UPDATE OF THE VOLUNTARY SERVICE LATERAL INVESTIGATION AND
REHABILITATION PROGRAM.
Utilities Director Moss and Wastewater Manager Hix presented the staff report and
responded to Council questions.
Public Comments:
Evelyn Talmage, 1408 Johnson Avenue, spoke in support of most the recommendations,
with the exception of the elimination of the video inspection services.
Andy Carlin, 1325 Pismo Street, reported that three out of six houses on his street have
confirmed problems where Unocal pipelines intersect with residential sewer laterals.
Utilities Director Moss assured the Council and the public that special circumstances and
unusual problems will continue to be considered and addressed by City staff.
Chris Overby, 2030 Hutton Street, summarized his comments in support expressed in his
written communication (on file in the Office of the City Clerk).
Dave Romero, 2057 Skylark, spoke in favor of the staff recommendation and encouraged
I
funding at a high level over a long period of time.
---end of public comments—
ACTION: Moved by Marx/Schwartz to approve modification of the Voluntary
Service Lateral Investigation and Rehabilitation program to: 1) require
program participants to retain private plumbers to perform the video
inspections, but retain the discretion to provide such services in exceptional
cases; 2) Provide an additional $1,000 reimbursement for
repair /replacement of the entire (upper and lower) lateral. 3) Allow
properties with multiple units, including duplexes, to participation in the
program; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Schwartz reported on the SLOCOG meeting held September 4, 2002.
Council Member Mulholland reported on the meeting of the Student Community Liaison
Committee held August 22, 2002.
COMMUNICATIONS
Mayor Settle reported that Congressman Bill Thomas, Chair of the Ways and Means
Committee, visited the City and recommend that the Council authorize correspondence to him
City Council Meeting
Tuesday, September 3, 2002 — 4:00 p.m.
Page 9
addressing issues pertaining to the Army Corp of Engineers: 1) the application process needs
' to be made more consistent; 2) there should be emergency provisions cities can apply; 3)
there should be time limits imposed for issuing permits; and, 4) there are concerns regarding
unfunded mandates relating to MTBE. Council directed staff to draft the letter for the Mayor's
signature.
Council Member Ewan reported that during his travels he learned about gasoline sold in
California that is MTBE -free. Council directed the City Clerk to draft a proclamation
commending Phillips 66 for selling MTBE -free gasoline.
Vice Mayor Marx encouraged participation in the September 5`h and 6`h Fuel Cell Day
festivities.
There being no further business to come before the Rty Council, Mayor Wtt] adjourned the
meeting at 9:08 p.m. to Tuesday September 10, 2002 I Toorikn the cil aring Room,
990 Palm Street, San Luis Obispo. /
APPROVED BY COUNCIL: 9/17/02
LP: dr
I,
III
Lee Price, C.M.C.
City Clerk