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HomeMy WebLinkAbout04/13/1981Roll Call Councilmembers Present: IAbsent City Staff City Council Minutes April 13,...1981 - 12:10 p.m Page Two Ron Dunin, Allen Settle, GlennaDeane Dovey, and Mayor Melanie Billig Alan Bond Present: George Thacher, City Attorney; Pamela Voges, Acting City Clerk; Henry Engen, Community Development Director; Rudy Muravez, Finance Director; Geoff Grote, Legal Assistant; Dave Romero, Public Services Director; Ann McKibbin, Personnel Director; and Olivia Grande, Recording Secretary 1. Oath of office administered to newly- appointed councilmember, GlennaDeane W. Dovey. 2. On motion of Councilman Settle, seconded by Councilwoman Dovey, that Councilman Ron Dunin be.elected Vice - Mayor. Motion carried. 3. Council consideration of subcommittee appointments to the various Committees, Commissions and Advisory Boards as per attached memorandum. Mayor Billig stated that the commission handbook is being rewritten and that the procedures and policies will be discussed at the City Council meeting on April 14, 1981. Although that has no bearing on the appointments being considered, she would appreciate concurrence on the appointments and any recommendations to citizen boards, committees, and commissions that the council might have. On motion of Councilman Dunin, seconded by Councilman Settle, that the subcommittee appointments as recommended by Mayor Billig be approved. Motion carried. AYES: Councilmembers Dunin, Settle, Dovey, and Mayor Billig NOES: None ABSENT: Councilmember Bond 4. Discussion of meeting schedules, meeting procedures, Council relations, agendas, emergency items, pre- tentative meetings, executive sessions and Council Office accommodations, travel and dinners. Councilman Dunin moved that if the meetings continue beyond 11:30 p.m. that a special motion be made, with a 3 -vote majority required, to continue the meeting; and that that requirement be written into the procedures. Mayor Billig seconded the motion. Motion carried. In order to avoid a cross - discussion with staff or another councilmember, Mayor Billig said that each councilmember will be recognized by the chair and will have tzar particular say on a given item. She urged the council to do their research and ask questions of staff beforehand so the meetings can be streamlined. On motion of Councilman Dunin, seconded by Councilman Settle, that the current procedure be retained with regard to tie votes; that three aye votes is required to pass an item. Motion carried. After some discussion, it was the consensus of the council to limit.-consultant presentations to ten minutes except in special instances to be determined by Mayor. As a normal procedure, each councilmember should be able to ask as many questions as he feels important; and that councilmembers be limited to three minutes unless modified by the chair. City Council Minutes April 13, 1981 - 12:10 p.m. Page Three Councilman Dunin said that if a consent item is pulled by a councilmember, that a vote should be taken to determine if we want the item opened for public input. Councilman Settle agreed with Councilman Dunin's comments. Councilwoman Dovey agreed that a vote should be taken, or the item should be continued to a future agenda. Mayor Billig had a concern with the chairs that the councilmembers sit in, that because of their style and the inability to push them in, the person ends up backing away from the mike. She wanted chairs that are comfortable and that slide in to get closer to the mike, and ones that are not conducive to slipping away from the mike. Councilman Settle said he looked forward to the PA system working better. Councilman Dunin asked that an electric voting machine be considered during the remodeling of the Chambers. Dave Romero responded that he will instruct the contractor to include the wiring and will get information to the council regarding the the system. With regard to council relations, Mayor Billig reviewed her role as she sees it basically representing at all times the council and making it clear that there should be a separation between what her personal point of view is and what the council's pleasure or disposition is. She felt that the council has already developed a good working relationship, and that a dialogue should be kept up between council and staff in order to have an efficiently and smoothly run city. Mayor Billig stressed the importance of the subcommittees, especially in getting cooperation with the county and with Cal Poly, and said that from time to time she would ask councilmembers to be on subcommittees and should come back to the council with their ideas and information. Councilman Dunin remarked that it was important that when a resolution is passed that the council has an opportunity to see it. Mayor Billig stated that she would like to see agenda deadlines met, and that it would be very helpful to the council if the departments would do their staff report giving a background on the item, stating what the proposal is, making a recommen- dation, and giving the budgetary figures. On consent agendas, Mayor Billig stated that the council should consider items to be pulled at the beginning of the meeting. She reiterated that a councilmember may submit an agenda item but must do so in writing, and he /she should get one other councilmember's approval or a note from the councilmember stating it. She said that if a member of the public wants to put an item on the agenda, that he should submit a letter in writing so stating, and that controversial items should be put on the agenda by a councilmember. In cases of emergency agenda items, she said that the matter has to be truly emergency; for instance, a specific time deadline has to be met or any other reason which suggests that the item should be put on the agenda. Pre- Tentative Meetings Councilman Settle said that on land use issues, the Community Development Director has found it useful and the applicant would save a great deal of money, if the Planning Commission or council was informed in advance. Mayor Billig agreed that the applicant needs some direction on large projects or projects that are potentially very controversial. She thought the pre- tentative meetings should be continued if the council would be very candid in giving solid direction to the public and developer. Councilman Dunin thought that the pre- tentative meetings are important from a different point of view in that the public has input. He said the items should be well advertised and if the applicants have sufficient input to prevent the project from being very expensive, then the council's function would probably only be monetary. City Council Minutes April 13, 1981 - 12:10 p.m Page Four There was a discussion as to who would initiate the process, and it was left to the council to initiate based on the Community Development Director's recommendation, since he would be closer to the project and could anticipate any complications. If the applicant doesn't. agree with the decision, then he -can appeal to the council. Vic Montgomery, an architect who represents developers on a regular basis, stated that if the council is going to initiate some kind of a process where there would be public input, he wouldn't advise it... unless there. were something in writing. He said that might create some bad feelings when the developer hasn't requested it. Executive - Closed Sessions Mayor Billig stated that when the council goes into a closed session that it is.for a significiant reason and that the material discussed in a closed session should remain just that.. Councilman Dunin agreed that any public statement made outside of_ = Executive Session of an item discussed in Executive Session is morally and ethically wrong. Mayor Billig asked the councilmembers to inform her as to what their office hours will be so that an advertisement can be run for the public with their hours of operation and.:council's phone numbers. 'She felt that office space might be a problem at City Hall, and that staggering of hours might be required. There was a general discussion on the accommodations and the councilmembers were in general agreement that the council offices.should.be connected to the CAO and City Clerk's office since that is where the policymaking and executive decisions are made. They agreed that two council offices would allow a feeling of privacy and that a lounge would not be suitable. Mayor Billig directed Pam Voges to have the CAO report back to the Council as soon -as possible on plans to develop one or two additional council offices and eliminate the proposed Council lounge by the next regular . meeting. Communications Councilman Dunin requested that a "communications" period not to exceed 15 minutes to be held at the end of the meeting for general Council update of communications received by them. Travel Expenses Mayor Billig expressed her concerns with respect to the budget so that the council is realistic and sensitive to the money being spent for travel. She suggested that on trips if at all possible that two councilmembers share a room, and on car trips that two members ride in one car. It was resolved by the council that the total budget for general conferences should be divided by•7, -with the mayor to receive ._2 /7,..each.counci];member to receive 1/7, and 1/7 to go into a reserve fund for unforeseen circumstances. ' This would not include annual League meetings or other official council meetings -- attended as a_whole. On motion of Councilman Dunin, seconded by Councilman Settle, that the policy be put on a 1 -year trial period, and that if additional funds are requested, then council approval would be required. Councilman Settle urged the council to look at the handbook and adopt a procedure which will take care of some of the problems with respect to council advisory committees and commissions. City Council Minutes April 13, 1981- 12:10 p.m. Page Five George Thacher, City Attorney, commented to the council that when a council member wants to change a vote on something they don't clearly understand that as a general rule one an item has been voted on and the council has moved to the next item, that no vote should be changed. Councilwoman Dovey stated that as an absolute rule.that each motion..be.. repeated by the clerk so it.can't be changed before vote. 5. At this time the City Council considered a report by City Attorney George Thacher on current litigation matters, including definition of the Brown Act. George Thacher, City Attorney, reviewed..the Brown Act, California's secret meeting law applicable to public agencies, as stated in his Memorandum of Opinion No. 81 -11. He stated that it requires that all meetings of the council be.open and public and that all persons.be permitted .to attend those meetings. It further requires that the council shall provide, by ordinance, resolution or other rule, the time for holding regular meetings. A special meeting may be called by Mayor or by a majority of the council.by delivering notice to each .councilmember, and to those media requesting notice, at least 24.hours prior to. the meeting; only those items set out in'the notice may be discussed at a special meeting. George Thacher reviewed his confidential memorandum on the status of city' litigation dated March 23, 1981 and stated that the memorandum is..- self- explanatory. He cited a specific case, City v. Pillow, which involved action to abate building constructed at variance with approved plans, whereby the applicant built a balcony which the Architectural Review Commission did:.not: approve. That case will go to trial in 6 -8 months. He also listed a number of slip and fall cases, parking cases, and zoning violations. He said he would keep the council informed on any ' other pending litigation. for Billig commented that quite a few of the cases have implications for the city.that Mr. Thacher would follow up on and that the council might want to-consider at-more length. 6. City Council's consideration of.status report on current employee group negotiations. Ann McKibbin, Personnel Director, said the contract revisions for the MOU with the General Employees Unit have been ratified and go into effect January 1. She said they would like to see some of the provisions amended but they are basically economics items and are._within.the_guidelines_- discussed with council; pending council consideration. She added that they were not too happy with the in -house negotiations. She said that the Police Department contract was for a one -year implementation and that they would be negotiating with the firefighters within two to three weeks. There.•was a discussion on the possibility -of a two -year contract with-the various units and staggered so the contract would not all come due at the same time. In the event of controversial discussions and new and major contracts, the possibility of hiring an outside negotiator was discussed, and the requirement would be left to staff. discretion. Ann McKibbin reported that the Personnel Department,_ is doing up update ' on allocated positions, the status of new positions, etc. 7A. Council consideration of Planning Commission's report on General Plan Conformity of Tank Farm Corppration:Yard. - - City Council Minutes j _.. April 13, 1981 - 12:10 'p.m - Page Six I Henry Engen, Community Development Director, stated that the City Council directed the Public Services Director to begin acquisition of a 7 -acre site outside the city on Tank Farm Road for a new corporation yard. He said that at their meeting of March 25, 1981, the Planning Commission unanimously found that the proposed project is not in conformance with the city's general plan. They recommended that the council drop consideration of this location in favor of developing':the Prado Road Sewer Plant site for a corporation yard. They further suggested that the so- called Gudel site (which was rezoned to accommodate the corporation yard last year) be sold. He said the commission felt the freeway visibility issue with respect to the Prado Road site had been over- emphasized, and that the attributes of the site, including being off of a main street but with good access to the freeway system, proximity to similar adjacent uses and superior location, made this site the logical one for a corporation yard. Dave Romero, Public Services Director, stated that a Master Plan had been prepared for the proposed Corporation Yard Sites plan for proposed Site B, and a completed Master Road site. He recommended that the Council auth procedures for disposal of the Gudel property as approvals have been received and to proceed with Farm Road or Prado Road. A (Prado Road), a partial master Plan for Site C, the Tank Farm Drize the staff to commence soon as all City and County the Corporation Yard on either Tank The council discussed the screening problem on Site C, and Dave Romero responded that buildings would be oriented to act as a wind screen and tree planting would act as a landscaping screen. The point was brought up of having to move ECOSLO, and that the council should be very honest with them that we are considering the whole piece of property. With regard to the cost effectiveness of the project, Mayor Billig stated that in dealing with a several million dollar project that it. should not be something the city jumps into without understanding all the 1 implications. On motion of Councilman Settle, seconded by Councilwoman Dovey, that the Planning Commission recommendation supporting Site "A" (Prado Road) be approved and the Public Services Director directed to report back to Council on various design configurations for the site, and notify ECOSLO that the city is considering the use of the Recycling Center property. Motion carried, all ayes. Staff was directed to advise the owner of Tank Farm property of the City's intention to not seek acquisition of this property and staff to take appropriate action. 7B. At this time the City Council considered the lease purchase option of city parking lot located at corner of Palm and Osos Streets. Henry Engen, Community Development Director, gave some background information on the project. He said that one of the options available to the city is to sell the property as surplus. If the council decides to proceed with its sale, state law requires that the Planning Commission report to the council on the conformity of the sale with the general plan. He continued that in the past the city had considered selling the property to PG &E for office use. He summarized how existing and proposed zoning standards would affect office development on the site. Other options for using the site would be in supporting the county's master plan concept for developing a civic center along Palm Street (Plan IV -C). Both city and county plans indicated that the site would be suitable for public ' offices within the civic center. Another use that has been informally discussed by staff and council is a new city- county library. He reviewed a number of other interesting options for the property and stated that the economic and land use benefits of each of these options can vary greatly. He recommended that the issue be referred to the Planning Commission with staff comments and report back to Council. Councilman Settle was opposed to selling the property to PG &E without going to open bid. Councilman Dunin supported selling the property. Councilwoman Dovey preferred to leave the decision up to the Planning Commission and possibly staff who could forward to the council any information on who might be interested in the property. She supported it going out to bid before the property is sold for any purpose. City Council Minutes April 13, 1981 - 12:10 p.m. Page Seven On motion of Councilman Settle, seconded by Councilwoman Dovey, that the matter be referred to Planning Commission for investigation and report back to Council within 30 days on all alternatives available for use of this site. Motion carried. AYES: Councilmembers Settle, Dovey, and Mayor Billig NOES: Councilmember Dunin ABSENT: Councilmember Bond Mayor Billig supported referring the project to the Planning Commission with a certain amount of time to come back to the Council with options. She agreed that she can't conceive of how the city can affort to keep the property as is and how we would use it to best advantage ourselves. She thought that this was such a substantial building program that there were other priorities that needed to be addressed. She supported the motion and agreed with Ron Dunin that the best option is to sell the property on the open market. 7C. Council's consideration of Sewer Grant Appeal. Henry Engen stated that the last word from the Water Quality Control Board was their response to the appeal. He said that there would be a letter forthcoming from staff stating that the city still.thinks it is equitable, in effect, to turn down the appeal. He continued that there would be a hearing before the Water Quality Control Board on May 6, 1981, which could be informal or formal. Councilman Dunin thought that the council should send the Mayor and a subcommittee to the hearing. There was discussion on a conflicting League meeting which falls on May 11, 1981 and Youth in Government Day on May 12th. The council discussed re- scheduling Youth in Government Day in order to have two members present at the League meeting, but that would present problems. Mayor Billig felt it was important to have some councilmembers present at the League meeting in Sacramento.. She said that it was important for the council to have the information that was going to transpire there. There being no further business to come before the City Council, the meeting was adjourned at 3:10 p.m. to April 14, 1981 at 7:00 p.m. in the Council Chambers. Pamela Voges, Acting City Clerk By Oli is Grande, ecording Secretary ----------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 14, 1981 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Roll Call Councilmembers Present: GlennaDeanne Dovey, Ron Dunin, Allen Settle, and Mayor Billig Absent: Alan Bond City Staff 1 l] Present: George Thacher, City Attorney; Pamela Voges, Acting.City Clerk; Henry Engen, Community Development Director; Ann McKibbin, Personnel Director; Rudy Muravez, Finance Director; Geoff Grote, Legal Assistant; Dave Romero, Public Services Director; Bob Mote, Utilities Engineer; and Olivia Grande, Recording Secretary ----------------------------------------------------------------- - - - - --