HomeMy WebLinkAbout03/18/2008MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 18, 2008 — 6:30 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
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell,
City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck,
Assistant City Administrative Officer; Doug Davidson, Deputy
Director Community Development — Development Review;
Claire Clark, Economic Development Manager
1 PUBLIC COMMENT ON CLOSED SESSION ITEM
No comments were forthcoming.
City Attorney Lowell announced the following Closed Session Conferences,
following which Council adjourned to the Closed Session:
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: APN's 002- 416 -034 and 002 - 416 -029
Negotiating Parties:
City of San Luis Obispo: Shelly Stanwyck, Claire Clark,
Jonathan Lowell
San Luis Obispo Court Street, LLC
(aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer,
Mark Rawson
Negotiations: Consider modification of Option to
Purchase Real Property Agreement
CLOSED SESSION REPORT
' City Attorney Lowell reported on the Closed Session at the commencement of the
regular meeting.
City Council Meeting
Tuesday, March 18, 2008
Page 2
The Special Meeting adjourned at -6:55 p.m. to a Regular Meeting held in the
Council Chamber at 7:00 p.m.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 18, 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; Jay Walter, Public
Works Director
CLOSED SESSION REPORT
City Attorney Lowell reported that Council held a Closed Session at 6:30 p.m. with
its Real Property Negotiators to discuss real property negotiations for the
Chinatown project. Council provided direction. No further action was taken at
this time.
PRESENTATION '-
PG &E UNDERGROUNDING STATUS REPORT.
Patricia Wilmore, Local Area Manager for Pacific Gas and Electric Company
Government Relations, reported on Rule 20A, an undergrounding program
provided by the Public Utilities Commission. She discussed the status of the
underground projects included in City and County resolutions. She also
discussed the steps that must be taken before the undergrounding can occur.
She said that the area on Broad Street, approximately from the edge of the
airport to the Crossroads Center, is now in the engineering stage. Construction
should commence in mid -2009. 1
City Council Meeting Page 3
Tuesday, March 18, 2008
In response to Mayor Romero, Public Works Director Walter explained that if the
undergrounding occurs in June 2009, the timing will accommodate the Caltrans
repaving project and the City's Tank Farm sewer project.
A brief discussion ensued regarding the potential undergrounding of utilities along
Los Osos Valley Road, from the western Foothill side of the City into Madonna
Road.
Council Members Mulholland and Settle suggested that it would be timely to
review the undergrounding priorities adopted by Council previously. Staff will
provide that information.
APPOINTMENTS
Al. APPOINTMENTS TO ADVISORY BODIES.
Mayor Romero made the presentation.
Council Member Mulholland noted that the names of the Subcommittee Members
conducting the interviews were incorrect in the Agenda Report and asked that
these be corrected for the record.
' (Clerk's note: Council Member Mulholland participated in interviews for the
Architectural Review Commission and Construction Board of Appeals in place of
Council Member Brown.)
ACTION: Moved by Brown/Settle to make appointments to the City's advisory
bodies effective April 1, 2008, in accordance with the recommendations of the
Council Subcommittees; motion carried 5:0.
Council Member Settle announced that there is still a vacancy on the Joint Use
Committee. The City Clerk's office will re- advertise this and other vacancies.
PUBLIC COMMENT
Stephan Lamb, San Luis Obispo, announced that the next forum on Mitchell Park
will be held at 7:00 p.m. on April 2nd with the Parks and Recreation Commission,
followed by another forum April 7t' at 5:00 p.m. He questioned whether the Council
Chamber would provide adequate space for those in attendance. He discussed the
number of signatures collected in opposition to the proposed parking lot.
Robert Vulgamore, San Luis Obispo, discussed his attendance at a Cultural
Heritage Commission meeting on the subject of Mitchell Park. He explained why
he thought that consideration should be given to building a Senior Center at Laguna
1 Lake Park rather than adding a parking lot to the park.
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Tuesday, March 18, 2008
A brief discussion followed, during which CAO Hampian explained that Council has
Previously funded and directed that a feasibility study be done to consider .
alternatives for a new Senior /Community Center. It was noted, however, by Mayor
Romero that a new Senior Center won't be built for at least ten years.
Michael Peachey, MW Artifacts, said he was representing the Presbyterian Church
of Santa Barbara. He discussed its proposed student housing project on its current
location on Foothill Boulevard. He reviewed the action taken by the Planning
Commission last Wednesday in support of the project and explained why he thinks
that parking will not be an issue for the students.
Following a brief discussion, Council concurred that it would be appropriate for staff
to consider higher density for student housing near the campus or in other
appropriate locations during the update of the Land Use Element or Housing
Element, whichever comes first.
Gary Fowler, San Luis Obispo, expressed opposition to an agreement with the
Chinatown project that would result in reduced parking. He then discussed his
concerns and the steps he thought should be taken as a result of questions that
have been raised regarding Council Member Settle's residence.
Council Member Settle responded briefly and invited Mr. Fowler to contact him if he
has questions regarding his residency.
In response to Mayor Romero, City Attorney Lowell provided information regarding
the appropriate legal mechanism by which either the Council or any individual
may pursue the matter further.
Dr. Dan Dale expressed appreciation for the removal of basketball hoops from
sidewalks and streets in the Edna -Islay area.
Lance Hillsinger, San Luis Obispo, discussed his objections to the removal of the
basketball hoops.
City Attorney Lowell responded to Council's questions about the City's potential
liability if the hoops are not removed from the right -of -way.
The following speakers expressed their continued concerns about the operations of
the SLO County Public Access Board.
Leslie Bearce; San Luis Obispo .
Christina Bearce, San Luis Obispo
Patrick Germany, San Luis Obispo
Anthony Bolin, San Luis Obispo
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City Council Meeting
Tuesday, March 18, 2008
Page 5
City Attorney Lowell clarified that SLOCOPA is not bound by the Brown Act and
discussed the relationship SLOCOPA has with the City in accordance with its
agreement to provide public access services.
City Clerk Hooper advised Council that she is finalizing a report on allegations
against SLOCOPA which will address the concerns raised at this and prior
meetings.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding
personal harassment.
CONSENT AGENDA
Jan Howell Marx, San Luis Obispo, spoke in support of items C4 and C5. She said
she is the Chair of the SLO Rotary Clean and Green Project this year. The Rotary
has adopted the Railroad Safety Trail as its project. She displayed a brochure that
will be distributed to the community as an invitation to help fund the trail. She said
the Rotary would like to make a donation to the City of $50,000 for the safety
fencing and funding from the community to assist with funding the missing link
between Cal Poly and the section included in item C5. She asked that a donor
agreement be placed on the next agenda for Council approval.
CAO Hampian explained that staff is unable to get this matter on the April 1St
agenda because of the impending agenda deadline, but that staff will take steps to
get it on in the near future.
ACTION: Moved by Carter /Mulholland to approve the Consent Agenda as
indicated below.
C1. AP
ACTION: Moved by Carter /Mulholland to waive oral reading and approve as
revised (see memorandum on file in the City Clerk's office); motion carried 5:0.
C2. CONTRACT AMENDMENT NO. 4 FOR TANK FA
LIFT STATION AND FORCE MAIN DESIGN AND
ACTION: Moved by Carter /Mulholland to: 1. Approve Amendment No. 4 with
Brown and Caldwell Engineers for additional design and construction support
services for the Tank Farm Gravity Sewer, Lift Station and Force Main project,
Specification No. 99703 in the amount of $378,000 and authorize the Mayor to
execute the amendment. 2. Authorize an increase in the total project budget by
1 $443,000 from $13,242,900 to $13,685,900; motion carried 5:0.
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Tuesday, March 18, 2008
C3. EASEMENTS FOR THE NACIMIENTO WATER PROJECT.
ACTION: Moved by Carter /Mulholland to approve easements for the Nacimiento
Water Project within City owned properties and authorize. the Mayor to execute
the easement agreement; motion carried 5:0.
C4. REQUEST FOR PROPOSALS FOR RAILROAD SAFETY TRAIL P
ACTION: Moved by Carter /Mulholland to: 1. Approve the Request for Proposals
for the Railroad Safety Trail Phase 3, Specification No. 90087. 2 Authorize staff
to advertise for design proposals. 3. Authorize the CAO to award a design
contract if the proposed cost is less than the grant amount of $224,000; motion
carried 5:0.
C5. RAILROAD SAFETY TRAIL-PHASE 4, SPECIFICATION NO. 90347.
ACTION: Moved by Carter /Mulholland to: 1. Approve Special Provisions for the
Railroad Safety Trail Phase 4, Specification No. 90347. 2. Authorize staff to
advertise for bids. 3. Authorize the CAO to award a construction contract if the
lowest responsible base bid is within the engineer's estimate of $740,000; motion
carried 5:0.
C6.
ND RELEASE
ACTION: Moved by Carter /Mulholland to adopt Resolution No. 9961 (2008
Series): 1. Rescinding the Subdivision Agreement, Open Space Easement
Agreement, and Notice of Requirements for Tract 2134, located at 953 Orcutt
Road. 2. Releasing the securities guaranteeing completion of Tract 2134.
3. Refunding unspent fees collected with Tract 2134; motion carried 5:0.
C7. URBAN FOREST INVENTORY GRANT.
ACTION: Moved by Carter /Mulholland to: 1. Authorize staff to complete final
applications for a grant from the California Department of Forestry to inventory all
of the street trees in the City. 2. Authorize an appropriation of $30,375 from the
General Fund Balance to provide the necessary matching funds for the California
Department of Forestry and Fire Protection Tree Inventory grant if the City's grant
request is accepted; motion carried 5:0.
C8. FINAL MAP FOR TRACT 2865, 1043 ELLA STREET (TR 21 -06).
ACTION: Moved by Carter /Mulholland to adopt Resolution No. 9962 (2008
Series) approving the Final map for Track 2865 located at 1043 Ella Street and
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City Council Meeting
Tuesday, March 18, 2008
Page 7
authorizing the Mayor to execute the subdivision agreement on behalf of the City;
motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the March 5t' County
Water Resources Advisory Committee meeting, the March 12' Integrated Waste
Management Authority meeting, the March 12 Mass Transportation Committee
meeting, and the Building Liveable Communities Conference this past weekend.
Council Member Settle reported on the activities of the Airport Land Use
Commission Subcommittee and the Performing Arts Center Facilities Committee
meeting. He referred to the Channel Counties Division meeting that will be held on
March 28th and said he hopes for feedback related to how the bonding capacity is
affected by what is happening as a result of the Bear Sterns collapse and how it will
affect the City in the future.
Council Member Brown reported on his attendance at the last Economic
Opportunity Commission meeting.
Mayor Romero reported on his attendance at the Mayors' meeting last week.
I COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 8:25 p.m.
;-
Audrey oper
City C12
APPROVED BY COUNCIL: 4/15/08
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