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02/12/2008MINUTES 1 SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 12, 2008 — 6:15 p.m. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown and Mayor Dave Romero Staff Members Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Shelly Stanwyck, Assistant City Administrative Officer; Audrey Hooper, City Clerk; John Mandeville, Community Development Director; Jay Walter, Public Works Director; Tim Bochum, Deputy Public Works Director; Doug Davidson, Deputy Director Community Development — 1 Development Review; Pam Ricci, Senior Planner PUBLIC COMMENT ON CLOSED SESSION ITEM No comments were forthcoming and Council adjourned to the Closed Session. City Attorney Lowell announced the following Closed Session Conferences: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: Railroad Station parking lot, APN 003 -655 -009 LANDOWNER: City of San Luis Obispo NEGOTIATING PARTIES: City of San Luis Obispo: Jay Walter, Tim Bochum, Doug Davidson Other: Depot Square LP NEGOTIATIONS: Terms of possible sale of a portion of parcel CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: Railroad Station parking lot, APN 033- 571 -023 LANDOWNER: City of San Luis Obispo NEGOTIATING PARTIES: City of San Luis Obispo: Jay Walter, Tim Bochum, Doug Davidson Other: Michael Hodge NEGOTIATIONS: Terms of possible sale of a portion of parcel City Council Meeting Tuesday, February 12, 2008 Page 2 City Attorney Lowell reported on the Closed Session at the commencement of the regular meeting. The Special Meeting adjourned at 7:00 p.m. to a Regular Meeting held in the Council Chamber. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 12, 2008 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance and Information Technology Director; John Moss, Utilities Director; Jay Walter, Public Works Director; Tim Bochum, Deputy Director Public Works; Dave Hix, Wastewater Division Manager; Michael Codron, Associate Planner CLOSED SESSION REPORT City Attorney Lowell reported that the Closed Session was held as indicated previously. Council provided direction to its real property negotiators. There was no further reportable action. PRESENTATIONS INTRODUCTION OF NEW UTILITIES DEPARTMENT EMPLOYEES. Public Works Director Moss introduced the following new Utilities employees: Emmett Doherty, Wastewater Collection System Operator; Steve Smith, Water Reclamation Maintenance Technician: Donald Thomas, Water Distribution System Operator: Ben Marquart. Wastewater Collection System Operator; and Casey Nance, Water Distribution System Operator. 1 City Council Meeting Page 3 Tuesday, February 12, 2008 FIRE FIGHTERS' APPRECIATION MONTH PROCLAMATION. Mayor Romero presented Erik Baskin, Fire Fighter and Union President, with a proclamation proclaiming February 2008 as Fire Fighter's Month and honoring fire fighters for their contribution to the Muscular Dystrophy Association (MDA). Denise Martin, representing the MDA, thanked the members of the Fire Department on behalf of the MDA for the fundraising they have done and the assistance they have provided to sufferers of muscular dystrophy such as herself. PRESENTATION OF JACK HOUSE BOOK. Christine Wallace. Recreation Director and Liaison to Jack House Committee, presented Council with copies of the book, The House That R. Jack Built, authored by Marilyn Darnell, Jack House docent, and illustrated by Chuck Crotser, member of the Cultural Heritage Committee. Chuck Crotser discussed his interest in and involvement with the development of the book. He noted that all of the proceeds from the sale of the book are given to the Jack House docent program. ------------------------------------------------------------------------------------------------------ - - - - -- PUBLIC COMMENT Patrick Germany and Carlton Brown, Paso Robles, announced and distributed information regarding Black History Month. They then discussed their concerns that SLO County Public Access (SLOCOPA) was discriminating by not allowing them to show their productions. Paul Boniour, speaking on behalf of the San Luis Obispo Laguna Lake Homeowners Association, expressed concern regarding the lack of regular trash removal in the park and lack of flood preparation. Council Member Settle suggested that Mr. Bonjour submit his concerns to the Army Corps of Engineers because they are responsible for and have the authority related to creek bed/water way maintenance. Stephan Lamb and Mary Ellen Gibson, San Luis Obispo, displayed photographs of Mitchell Park showing a birthday parry and other activities and expressed concern about installing a parking lot behind the Senior Center. Mr. Lamb asked Council to direct staff to stake the site so the public will be able to see the elevations and locations of the proposed berms. He also asked that a full Environmental Impact Report be done on this project and that neighborhood be involved in the process. City Council Meeting Tuesday, February 12, 2008 Page 4 Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. Monique Grateda, San Luis Obispo, said that she is a member of SLO County Public Access and co- hosted a show entitled, 'The Underground." She expressed concern that she and other producers are still banned from membership and that she is unclear as to how the Board voted on these and other matters. CONSENT AGENDA Brett Cross, San Luis Obispo, referred to item C6 and explained why he thinks that the crosswalk at Marsh and Garden Streets is more dangerous for pedestrians and should be improved before modifications are made to the signal at Osos. and Marsh Street. Council Member Carter concurred with Mr. Cross' comments, although he did not discount the need for improvements at Marsh and Osos Streets as well. Council Member Settle also concurred. Public Works Director Walter discussed the process for developing the annual traffic safety report and the analysis and history of collisions that is used to determine where there are the most problems. He noted that the crosswalk at the intersection of Marsh and Garden Streets does not have a collision history, but the intersection of Marsh and Osos Streets does, and that is why the modifications are being recommended. Mayor Romero discussed his ongoing advocacy of a synchronized traffic signal at the mid -block crosswalk in the vicinity of the Downtown Center. He indicated that he will support proceeding with the signal modification at Marsh and Osos Streets, but wants staff to consider a synchronized signal at the lighted crosswalk across from the Downtown Center and at the crosswalk at Marsh and Garden Streets. CAO Hampian suggested that this discussion should be part of the review of priorities during the annual evaluation of the traffic safety reports later in the year rather than commencing a study for a new signal at this time. Council Member Mulholland stated that she will vote "No" on item C4. ACTION: Moved by Brown/Settle to approve the Consent Agenda as indicated below. C1. MINUTES OF TUESDAY, JANUARY 8, 2008. ACTION: Moved by Brown/Settle to waive the oral reading and approve the minutes as presented; motion carried 5:0. City Council Meeting Page 5 Tuesday, February 12, 2008 C2. SURPLUS OF GAS RANGE. PLANNED FOR REPLACEMENT AT THE LUDWICK COMMUNITY CENTER. ACTION: Moved by Brown/Settle to adopt Resolution No. 9956 (2008 Series) declaring the gas range in the Ludwick Community Center as surplus equipment after its upcoming replacement; motion carried 5:0. C3. 2007 -09 COST ALLOCATION PLAN. ACTION: Moved by Brown /Settle to approve the 2007 -09 Cost Allocation Plan; motion carried 5:0. C4. PROPERTY TAX EXCHANGE AGREEMENT WITH THE C SAN LUIS OBISPO TO ADDRESS PROPERTY AND SALE THE AIRPORT AND MARGARITA ANNEXATION AREAS. ACTION: Moved by Brown/Settle to adopt Resolution No. 9957 (2008 Series) to amend City Resolution No. 8864 (1998 Series) to establish a revised property tax exchange agreement with the County of San Luis Obispo to address property and sales taxes upon annexation of properties in the Airport and Margarita Annexation Areas; motion carried 4:1 (Mulholland opposed). C5. ATHLETIC FIELD NEEDS STUDY. ACTION: Moved by Brown/Settle to: 1. Delay the study session on synthetic turf, and direct staff to conduct an Athletic Fields Needs Study to explore all options for enhancing athletic fields. 2. Allocate $15,000 from the Synthetic Turf CIP project to complete the study; motion carried 5:0. C6. TRAFFIC SIGNAL MODIFICATION AT MARSH STREET AND OSOS STREET, SPECIFICATION NO. 90792. (WALTER/HUDSON) ACTION: Moved by Brown/Settle to: 1. Approve plans and specifications for the "Traffic Signal Modifications at Marsh Street and Osos Street, Specification No. 90792. 2. Authorize staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of $170,000; motion carried 5:0. C7. REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES, SPECIFICATION NO. 90358 (2008). (WALTER/FRASER) ACTION: Moved by Brown/Settle to: 1. Approve the Request for Qualifications 1 for Environmental Services, Specification No. 90358 (2008) and authorize staff to solicit responses. 2. Authorize the City Administrative Officer to execute an agreement with the top selected consultants. 3. Authorize the City Administrative City Council Meeting Tuesday, February 12, 2008 Page 6 Officer to execute purchase orders up to $50,000 for individual environmental service contracts where funding is available in the project account for those services; motion carried 5:0. With the concurrence of Council, the Agenda was reordered to consider the Study Session at this time. STUDY SESSION 2. PUBLIC HEARING DRAFT OF THE ORCUTT AREA (OASPI. AND DRAFT ENVIRONMENTAL IMPACT F Community Development Director Mandeville commenced the presentation with an overview of the framework of the General Plan, following which Associate Planner Codron provided an overview of the OASP preparation process and its components. Andrew Merriam, local planner and designer and original author of the OASP. He discussed specific features of the Specific Plan. Deputy Public Works Director Bochum responded to questions regarding the long term future of Orcutt and Tank Farm Roads. Natural Resources Manager Havlik highlighted some of the natural resource features of the OASP. Associate Planner Codron provided an overview of the DEIR. Finance Director Statler provided an overview of the Financial Plan that will be a component of the OASP. Associate Planner Codron discussed the next steps in the process. He pointed out that the proposed Public Hearing Schedule (Attachment 3 to Agenda Report) has been revised as follows: the February 27, 2008, public hearing will be an introduction to the Specific Plan rather than the DEIR; the Bicycle Advisory Committee will hold its meeting on March 27, 2008 instead of March 20, 2008; and the Planning Commission will hold its public hearing on the DEIR on March 26, 2008. Staff responded to questions during and following their presentations. Public Comments Jeanne Helphenstine, representing the Rhigetti property, discussed the process and property owner involvement that has occurred in the development of the Draft City Council Meeting Page 7 Tuesday, February 12, 2008 GASP. She pointed out that the plan provides for needed housing and discussed other components of the Plan. Nick Muick, San Luis Obispo, property owner in Orcutt area, spoke in support of the GASP and the staff recommendation. Stephan Lamb, San Luis Obispo, expressed concern regarding the Traffic/ Circulation component of the OSAP. He referred to the intersections identified and suggested that it is premature to end the study at Laurel Lane, that there needs to be concern with the circulation going into the Downtown. Eric Mever, San Luis Obispo, expressed concern that the traffic study did not take into account impacts on Buchon or Pismo Streets or in the Downtown. Mark Johnson, San Luis Obispo, concurred with Mr. Meyer. John Belsher spoke in support of the proposed Plan. He suggested that there needs to be a railroad grade separation at Bishop Street and that traffic should not be channeled down both ends of Johnson Avenue. Phil Gray, representing a landowner in the Orcutt area, spoke in support of the recommendation. ' - -end of public comments - -- Council recessed at 9:10 p.m. and the meeting reconvened at 9:22 p.m. with all members present. Council discussion ensued during which staff responded to a number of questions related to the proposed school site, circulation and bicycle trail. The following were specific concerns raised or suggestions made: Proposed School Site Council Members Carter and Mulholland expressed concern about the proposed placement of a school site in the middle of the development, particularly related to potential traffic issues. Traffic Circulation Council Member Carter expressed concern, and Council Member Settle concurred, that not enough attention had been given to traffic impacts along Johnson Avenue and into the Downtown, or to the possibility of including access into and out of the proposed development from Johnson Avenue. City Council Meeting Tuesday, February 12, 2008 Page 8 Council Member Mulholland expressed concern that the City s Circulation Element is out -of -date and that it is necessary to expedite the development of neighborhood traffic mitigation plans before this project opens up. Council Member Settle encouraged staff to ensure that Orcutt Lane is a minimum of four lanes between Johnson Avenue and Tank Farm Road, and that . . reconsideration should be given to signalization or round - abouts in the vicinity of Orcutt and Tank Farm Roads. Mayor Romero clarified that he did not ask that Orcutt Road between Johnson Avenue and Tank Farm Road be four lanes at this time, but that he wants additional right -of -way on the development side so that if it's needed in the future, the city won't have to purchase it. Affordable Housing Council Member Mulholland suggested that property owners be encouraged to consider modular homes. ACTION: Moved by Brown/Settle to: 1) receive a presentation on the OASP and DEIR and the revised proposed public hearing schedule, and 2) direct staff to proceed through the public review process; motion carried 5:0. --------------------------------------------------------------------------------------------------------- BUSINESS ITEM 1. TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN PROJECT. Utilities Director Moss introduced this item, following which Wastewater Division Manager Hix made the staff presentation. Finance Director Statler responded to questions raised by Council Member Mulholland related to how this project will be funded. He pointed out that by using debt financing, the City is better able to identify the costs attributed to new development. Council Member Mulholland noted the importance of this project, but expressed concern about sizing it to accommodate future development. As a result, she stated for the record that she will not support a future sewer rate increase. Public Comments None were forthcoming. - -end of public comments -- City Council Meeting Page 9 Tuesday, February 12, 2008 During the ensuing discussion, Mayor Romero suggested that, given the cost and size of this project, instead of authorizing the City Administrator to approve the contract award in accordance with its standard procedure, the contract award be brought to the Council for approval. Council Members did not support this suggestion. ACTION: Moved by Carter /Settle to: 1. Approve the plans and specifications for the Tank Farm Gravity Sewer, Lift Station, and Force Main Project, Specification No. 99703 and authorize staff to advertise for bids. 2. Authorize the CAO to award the construction contract if the recommended bids are within the engineer's estimate of $10,942,400. 3. Authorize an increase in the total project budget $8,415,428 to $13,242,900. 4. Adopt Resolution No. 9958 (2008 Series) authorizing staff to submit an application to the California Infrastructure Bank (I- Bank) and a loan amount of $10,000,000. 5. Approve funding the remaining $2,245,900 needed to finance this project through bonds, most likely to be issued through private placement; and direct staff to return to Council for approval of appropriate bond documents once bids are received and the City has received loan approval from the I -Bank; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the January 25th California Men's Colony Citizen Advisory Committee meeting. She said she attended Air Pollution Control District Board meeting on January 23`d and has been appointed as its representative to the South Central Coast Air Basin Control Council. She also reported on her attendance at the February 6"' SLO County Water Resources Advisory Committee meeting. Mayor Romero reported on his attendance at the February 6th SLOCOG meeting, at which the members allocated $13.8 million to the City for the Los Osos Valley Road Interchange Project. COMMUNICATIONS Council Member Carter spoke about the statewide ballroom dancing contest he had an opportunity to see at Cal Poly. He expressed his desire that Council hold study sessions to discuss economic development issues. There was a brief discussion regarding the intersection of Mill and Osos Streets. A majority of the Council concurred that this intersection should be addressed in the annual traffic safety study. There was additional discussion regarding traffic concerns and pedestrian safety ' on Garden and Marsh Streets. City Council Meeting Tuesday, February 12, 2008 Page 10 Mayor Romero noted that he attended a special event sponsored by the Chamber at Arts Cyclery, during which the City's new bicycle touring team, High Road, was welcomed. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:10 p.m. 4ILL Audrey Ho/oer City Clerk" APPROVED BY COUNCIL: 3/04/08 1