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HomeMy WebLinkAbout10/15/2002fu 1 �I MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 15, 2002 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Vice Mayor Jan Howell Marx, and Mayor Allen K. Settle Absent: Council Member Ken Schwartz City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; John Mandeville, Community Development Director; Bill Statler, Finance Director; Jill Sylvain, Human Resources Analyst; Police Captain Bart Topham; Wolfgang Knabe, Fire Chief; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Dan Van Beveren, Assistant Engineer; Austin O'Dell, Transit Manager CLOSED SESSIONS (October 9, 2002 at Noon, Council Hearing Room) CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: Court Street/ Palm Street NEGOTIATING PARTIES: City of San Luis Obispo: Herbert Weiser, Allan Kotin, Shelly Stanwyck Property Owner Representatives: Robin Baggett, Tom Copeland NEGOTIATION: Whether to Negotiate/Acquire City Attorney Jorgensen announced that the closed session was held to receive instructions from the Council regarding the property exchange. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigationtinitiation of Litigation, Pursuant to Government Code § 54956.9(c) Number of Cases: 1 City Attorney Jorgensen announced that the Council authorized initiation of one case. City Council Meeting Page 2 Tuesday, October 15, 2002 - 7:00 p.m. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: h Miossi Ranch ( Cuesta Grade ) Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner: Harold Miossi Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen announced that the Council gave direction for further negotiations. Mayor Settle presented a proclamation to Shawna Tomson for Disability Achievement Day October 18, 2002. Ms. Tomson presented an award to SLO citizen Raymond Castro. Mayor Settle presented a proclamation to Ann Havlik and Ronda Arbagast of the Central Coast Dental Hygiene Society recognizing the month of October as Dental Hygiene Month. Mayor Settle presented a proclamation to Gordon Mullin for National Population Awareness Week, October 20 — 26, 2002. Mayor Settle presented an employee suggestion award to Glenn Luback (Water Reclamation). Community Development Director Mandeville introduced Hilary Hodges, Assistant Planner, as a new employee in the Community Development Department. PUBLIC COMMENT Andrew Carter, 1283 Woodside Drive, questioned the Mayor about his Form 700 Statements of Economic Interest. Mary Beth Schroeder, 2085 Wilding Lane, voiced opposition to current plans to develop Court Street. In addition, she asked the Council not to spend any money to repaint the Palm Street Garage (Consent Agenda Item #C5) and voiced opposition to the recommendation for Consent Agenda Item #C10. CONSENT AGENDA Council Member Ewan pulled C4 for questions. Council Member Mulholland pulled C6 and C7 for questions. ACTION: Moved by Marx/Mulholland to approve the consent agenda as recommended by the City Administrative Officer; motion carried 4.0. C1. MINUTES OF TUESDAY, OCTOBER 1. 2002. ACTION: Moved by Marx/Mulholland to waive oral reading and approve as presented; motion carried 4-0. City Council Meeting Page 3 Tuesday, October 15, 2002 - 7:00 p.m. C2. SUPPORT FOR THE PASSAGE OF THE HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002; PROPOSITION 46 ON THE NOVEMBER BALLOT. ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9370 (2002 Series) supporting the passage of Proposition 46 on November's statewide ballot; motion carried 4-0. C3. ADOPT A RESOLUTION AUTHORIZING THE CITY OF SAN LUIS OBISPO'S HUMAN RESOURCES STAFF ACCESS TO DEPARTMENT OF JUSTICE CONFIDENTIAL ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9371 (2002 Series) authorizing a policy that permits specific Human Resources staff to access Department of Justice confidential background information for new employees of the City of San Luis Obispo through the State's Applicant Live Scan system; motion carried 4-0. C4. ALLOCATION OF FUNDS TO THE SAN LUIS OBISPO YOUTH SPORTS ASSOCIATION FOR FIELD IMPROVEMENTS IN LIEU OF USER FEES FOR YOUTH SPORTS ORGANIZATIONS ON SCHOOL DISTRICT FIELDS. Council Member Ewan pulled this item for questions. ACTION: Moved by Ewan/Mulholland to 1) allocate $20,000 from Recreation Administration Grants -in -Aid to the San Luis Obispo Youth Sports Association (SLOYSA) for funding field improvements in lieu of user fees for local youth sports 1 organizations on San Luis Coastal Unified School District (SLCUSD) fields, as approved by the Advisory Committee on Joint Use of Recreational Facilities. 2) Authorize the Mayor to execute an agreement to release the funds; motion carried 4- 0. C5. REJECT BIDS FOR PALM STREET PARKING GARAGE PAINT PROJECT, SPECIFICATION NO. 99858. ACTION: Moved by Marx/Mulholland reject all bids received for the Palm Street Parking Garage Paint Project, Specification No. 99858; motion carried 4.0. C6. Council Member Mulholland pulled this item for questions. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9372 (2002 Series) approving the SLO- Transit Fleet Action Plan, in accordance with the requirements of CARB Resolution 00-2; motion carried 4-0. C7. CONTRACT AMENDMENT NO. 1 TO THE TRANSIT SERVICE CONTRACT WITH FIRST TRANSIT, INC. Council Member Mulholland pulled this item for questions. ACTION: Moved by Mulholland/Marx to 1) approve contract Amendment No. 1 to the First Transit, Inc., FY 2001 -03 transit service contract, execute the first year extension clause in the transit service contract for FY 2004-05 in the amount not to City Council Meeting Tuesday, October 15, 2002 - 7:00 p.m. Page 4 exceed $1,836,100, and authorize the Mayor to execute the amendment. 2) Appropriate an additional $66,900 from the working capital balance to the purchased 1 transportation account in the Transit Program operating budget; motion carried 4-0. C8. SLACK WATER TANK OVERFLOW (SPECIFICATION NO. 90198). C9. ACTION: Moved by Marx/Mulholland to 1) approve plans and specifications for "Slack Water Tank Overflow, Specification No. 90198." 2) Authorize staff to advertise for bids. 3) Authorize the CAD to award the construction contract if the accepted bid is within the engineer's estimate $59,000; motion carried 4-0. ACTION: Moved by Marx/Mulholland adopt Resolution No. 9373 (2002 Series) approving the MOA between the City and SLOPSOA for the period of July 1, 2002 through June 30, 2004. SLOPSOA represents the Police Sergeants, Lieutenants and Captains; motion carried 4-0. C10. FIBER OPTIC INFRASTRUCTURE PARTNERSHIP WITH CAL POLY. ACTION: Moved by Marx/Mulholland to approve a Memorandum of Understanding (MOU) with Cal Poly establishing a fiber optic infrastructure partnership and authorize the Mayor to sign the MOU; motion carried 4-0. PUBLIC HEARINGS 1. FEDERAL TRANSIT GRANT FOR FY 2002 -03 — TRANSIT PROGRAM OF PROJECTS FOR 2002 -03. Public Works Director McCluskey and Transit Manager O'Dell presented the staff report. Mayor. Settle opened the public hearing. There were none. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Marx to 1) conduct a public hearing to review the Transit Program of Projects for FY 2002 -03. 2) Adopt Resolution No. 9374 (2002 Series) authorizing the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of $846,597; motion carried 4 -0. 2. 2002 -03 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN. Police Captain Topham presented the staff report. Mayor Settle opened the public hearing. Mary Beth Schroeder, 2085 Wilding Lane, spoke in favor. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9375 (2002 Series) I approving an expenditure of $30,469, in 2002/03 Local Law Enforcement Block Grant Funds, With a required local 1 /9t' City match of $3,385 to enhance security measures City Council Meeting Tuesday, October 15, 2002 - 7:00 p.m. Page 5 Motion by Mulholland/Marx to continue the appeal at the request of the applicantlappellant to either the first or second Council meeting in December; motion carried 4-0. 4. MINOR SUBDIVISION (MS 13 -02) WITH EXCEPTION AT 2915 JOHNSON AVENUE; LACHEMANN, APPLICANTS. Community Development Director Mandeville presented the staff report and responded to brief questions from the Council. Mayor Settle opened the public hearing. There were none. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9376 (2002 Series): 1) approving a mitigated negative declaration and 2) approving a tentative parcel map with an exception to the subdivision regulations, based on findings and subject to ' conditions; motion carried 4-0. BUSINESS ITEMS 5. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (CONTINUED FROM 1011102) Community Development Director Mandeville presented the staff report on behalf of the Finance Director. — Public Comment— Tom Cantrell, San Luis Obispo, commented on the State's mandates for new housing and cautioned the Council not to relax General Plan standards and planning principles in response to those mandates. He also stated that circulation is a problem in the south end of town and proposed that Prado Road should be extended to cross the railroad tracks. Lastly, he urged the Council to directly address the issue of a new school in the Orcutt expansion area. –end of Public Comment— Brief Council comments followed. ACTION: Moved by Ewan/Mulholland to approve an approach to "project -by- project" fiscal impact analysis based on its consistency with the General Plan; motion carried 4-0. 6. DAMON - GARCIA SPORTS FIELDS, SPECIFICATION NO. 99826. in and around the Police Department facility as recommended by the Chief of Police; ' motion carried 4-0. 3. APPEAL OF THE PLANNING COMMISSION DENIAL OF A HIGH OCCUPANCY USE PERMIT APPLICATION AT 520 GRAND AVENUE; GRAND AVENUE PROPERTIES, APPLICANT. Mayor Settle reported that the applicant/appellant had submitted a written request for a continuance. Motion by Mulholland/Marx to continue the appeal at the request of the applicantlappellant to either the first or second Council meeting in December; motion carried 4-0. 4. MINOR SUBDIVISION (MS 13 -02) WITH EXCEPTION AT 2915 JOHNSON AVENUE; LACHEMANN, APPLICANTS. Community Development Director Mandeville presented the staff report and responded to brief questions from the Council. Mayor Settle opened the public hearing. There were none. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9376 (2002 Series): 1) approving a mitigated negative declaration and 2) approving a tentative parcel map with an exception to the subdivision regulations, based on findings and subject to ' conditions; motion carried 4-0. BUSINESS ITEMS 5. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (CONTINUED FROM 1011102) Community Development Director Mandeville presented the staff report on behalf of the Finance Director. — Public Comment— Tom Cantrell, San Luis Obispo, commented on the State's mandates for new housing and cautioned the Council not to relax General Plan standards and planning principles in response to those mandates. He also stated that circulation is a problem in the south end of town and proposed that Prado Road should be extended to cross the railroad tracks. Lastly, he urged the Council to directly address the issue of a new school in the Orcutt expansion area. –end of Public Comment— Brief Council comments followed. ACTION: Moved by Ewan/Mulholland to approve an approach to "project -by- project" fiscal impact analysis based on its consistency with the General Plan; motion carried 4-0. 6. DAMON - GARCIA SPORTS FIELDS, SPECIFICATION NO. 99826. City Council Meeting Page 6 Tuesday, October 15, 2002 - 7:00 p.m. Public Works Director McCluskev and Parks and Recreation Director LeSage presented the staff report and responded to questions from the Council. 1 Council Member Marx suggested that the public art piece of the project be youth - oriented and possibly interactive. A majority of the Council concurred with the proposal. Staff indicated that Request for Proposals would be amended accordingly. — Public Comment — Speaking in favor of the recommendation to approve the Plans and Specifications: Dave Romero, 2057 Skylark Lane Richard Kriet, Member, Joint Use Committee and Youth Sports Association Bill Thoma, Youth Sports Association Board Member Jeff Whitener, 11 Mariposa Drive Bill Wilson, 1690 Southwood Drive (see letter on file in the Office of the City Clerk) Mila Viiovich- LeBarre, 630 Skyline Drive Michael Sullivan, 1127 Seaward Street Mary Beth Schroeder, 2085 Wilding Lane ---end of Public Comment— Individual Council comments followed. Council Member Mulholland continues to oppose the Prado Road Extension alignment, but will approve the recommendations because the road is not part of the project. Council Member Marx concurred, and commented that the roadbed could be used for recreational purposes if not used for a road. Parks and Recreation Director LeSage confirmed that it will be a usable recreational space. ACTION: Moved by Ewan/Marx to 1) Approve plans and specifications for "Damon Garcia Sports Fields," Specification No. 99826. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award a contract if the lowest responsible bid Is within the engineer's construction estimate of $3,960,000. 4) Approve a Public Art Project designation for this project and allocate $20,000 from the project budget for that purpose; motion carried 4-0. COUNCIL LIAISON REPORTS Council Member Ewan reported on the North County Water Purveyors Group (on file in the Office of the City Clerk). Council Member Marx announced that there is a vacancy on the Planning Commission. Council Member Mulholland reported on the September 19"' Bicycle Advisory Committee meeting, the September 20 California Men's Colony Citizens Advisory Committee meeting and the October 8t° Downtown Association Board meeting. Council Member Mulholland provided an update on the Mardi Gras Parade to be held Sunday, March 2, 2003, starting at 2:00 p.m. on Marsh Street 1 City Council Meeting Tuesday, October 15, 2002 - 7:00 p.m. Page 7 COMMUNICATIONS Council discussed Council Member Schwartz's proposal for enhancement of the Fremont Marker (memo on file in the Office of the City Clerk). Council endorsed the concept. The CAO noted that the matter has been referred to the Cultural Heritage Committee (10/28/02) and to the Architectural Review Committee (date pending). Mayor Settle announced that the Iron Roads Pioneer bronze sculpture would be installed later this week. Council Member Mulholland suggested that the Council consider inviting high school students to attend the League of California Cities Annual Conference and also that student leaders from SLOHS and Mission College Prep be invited to attend Student Community Liaison Committee (SCLC) meetings. Mayor Settle agreed to take the suggestion to the next SCLC meeting (10/24102). Staff agreed to learn more about student participation at the LCC Annual Conference. There being no further business to come before the City Council, Ma S le adjourned the meeting at 9:10 p.m. to Tuesday, November 12, 2002 at 7.00 p. the Co ncil Chamber, 990 Palm Street, San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: LP:jo 1