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
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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
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