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HomeMy WebLinkAbout08/15/2000ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Allen K. Settle Absent: Council Member John Ewan City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Ann Slate, Human Resources Director; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAD; John Shoals, Associate Planner; Peggy Mandeville, Associate Planner; Gary Henderson, Water Division Manager RECOGNITION OF VOLUNTEER SERVICE FOR BRUCE BENNETT. Mayor Settle presented a proclamation to Bruce Bennett recognizing his seven years of volunteer service to the City of San Luis Obispo. Additionally, City Clerk Price presented him with an official City tile as a thank you for his service. RECOGNITION OF 10TH ANNIVERSARY OF NO SMOKING ORDINANCE Lloyd Henning noted that the City is celebrating its tenth anniversary of the passage of the smoke -free ordinance. Denav Wiler presented a ten -year anniversary card to the City. Certificates of recognition were also presented to former Council Member Jerry Reiss and Dr. Stephen Hanson whose efforts culminated in the passage of the ordinance ten years ago. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code § 54956.9 Existing Litigation Mulholland v. County of San Luis Obispo r City Attorney Jorgensen reported authorized further negotiations. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 15, 2000 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Allen K. Settle Absent: Council Member John Ewan City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Ann Slate, Human Resources Director; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAD; John Shoals, Associate Planner; Peggy Mandeville, Associate Planner; Gary Henderson, Water Division Manager RECOGNITION OF VOLUNTEER SERVICE FOR BRUCE BENNETT. Mayor Settle presented a proclamation to Bruce Bennett recognizing his seven years of volunteer service to the City of San Luis Obispo. Additionally, City Clerk Price presented him with an official City tile as a thank you for his service. RECOGNITION OF 10TH ANNIVERSARY OF NO SMOKING ORDINANCE Lloyd Henning noted that the City is celebrating its tenth anniversary of the passage of the smoke -free ordinance. Denav Wiler presented a ten -year anniversary card to the City. Certificates of recognition were also presented to former Council Member Jerry Reiss and Dr. Stephen Hanson whose efforts culminated in the passage of the ordinance ten years ago. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code § 54956.9 Existing Litigation Mulholland v. County of San Luis Obispo r City Attorney Jorgensen reported authorized further negotiations. City Council Meeting Page 2 Tuesday, August 15, 2000 - 7:00 p.m. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Ann Slate Employee Organization: San Luis Obispo Police Officers Association City Attorney Jorgensen reported that the Council conducted the closed session. PUBLIC COMMENT Sifu Kelvin B. Harrison addressed Council regarding racism in San Luis Obispo and how Police have harassed him. Kristine Dalidio commented on the Mayor's recent letter to the editor of the Tribune regarding proposed development of the Dalidio family property. Eugene Jud presented, and urged the Council to review, sample materials from other cities about downtowns and parking before the study session with the Downtown Association on August 29, 2000. CONSENT AGENDA C1. COUNCIL MINUTES OF JULY 5.2000, JULY 11, 2000, JULY 18, 2000 AND JULY 20, 2000. ACTION: Moved by Schwartz/Marx to waive oral reading and approve as submitted; motion carried 4:0. C2. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9084 accepting the public improvements for Tract 1827; motion carried 4:0. C3. ACTION: Moved by Schwartz/Marx to adopt Ordinance No. 1372; motion carried 4:0. C4. COOPERATIVE FIRE PROTECTION AGREEMENT. ACTION: Moved by Schwartz/Marx to 1) receive the report and adopt Resolution No. 9085 authorizing the Mayor to sign a cooperative fire protection agreement between the San Luis Obispo City Fire Department and the U.S. Department of Agriculture Forest Service Los Padres National Forest. 2) Authorize the City Administrative Officer to update and execute this agreement on behalf of the City of San Luis Obispo as is necessary to keep it current. 3) Authorize the Fire Chief to develop and update an operating plan that details the specifics of the agreement; motion carried 4:0. C5. SANITARY SURVEY UPDATE AWARD AND ADDITIONAL FUNDING. City Council Meeting Tuesday, August 15, 2000 - 7:00 p.m. Page 3 ACTION: Moved by SchwartzJMarx to 1) award the Sanitary Survey Update Project to 1 Boyle Engineering Corporation in the amount of $128,602, (City's share of the project is $25,112). 2) Approve the use of $3,000 from carryover funding to support the City of San Luis Obispo's share of the Salinas Sanitary Survey. 3) Authorize the City Administrative Officer to execute the consultant services contract and the inter- agency agreements; motion carried 4:0. C6. SURPLUS CITY PROPERTY. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9086 declaring equipment as surplus property; motion carried 4:0. C7. APPROVAL OF AN OPTION AGREEMENT FOR PURCHASE OF THE AYERS PROPERTY. ACTION: Moved by Schwartz/Marx to approve an Option Agreement with the Ayers family for an exclusive, one -year option to purchase the 242 acre property commonly referred to as the "Johnson Ranch" for a purchase price of $1,600,000 by making an option payment of $35,000, subject to certain other conditions described in the staff report, and also subject to non - substantive changes approved by the City Attorney; motion carried 4:0. C8. CONSIDERATION OF A REQUEST TO ABANDON PORTIONS OF THE PUBLIC RIGHT -OF -WAY AT RUTH STREET AND LEFF STREET WEST OF THE RAILROAD (ABAN 170.99). ' ACTION: Moved by SchwartzlMarx to adopt Resolution No. 9087 to consider the abandonment request and set a public hearing for October 3, 2000; motion carr ied 4:0. C9. UPDATE TO MANAGEMENT FRINGE BENEFIT LIST. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9088 amending and restating the fringe benefit list for department heads and managers; motion carr ied 4:0. C10. LEASE WITH THE SAN LUIS OBISPO RAILROAD MUSEUM FOR USE OF THE HISTORIC FREIGHT HOUSE. ACTION: Moved by SchwartzlMarx to approve a lease agreement with the San Luis Obispo Railroad Museum for the use of the City-owned historic freight building located in the Historic Railroad District; motion carried 4:0. C11. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO STATING INTENT TO PURSUE JOINT PLANNING FOR PARKING SOLUTIONS IN THE EXTENSION OF THE DOWNTOWN NORTH OF SANTA ROSA STREET. ACTION: Moved by SchwartzlMarx to approve the Memorandum of Understanding between the City of San Luis Obispo and the County of San Luis Obispo for a joint pursuit of parking issues north of Santa Rosa Street; motion carried 4:0. City Council Meeting Page 4 Tuesday, August 15, 2000 - 7:00 p.m. 1. PUBLIC HEARINGS APPEAL OF THE PLANNING COMMISSION DECISION APPROVING USE PERMIT. Council Member Marx stepped down due to a potential conflict of interest (family member employed in the center). Associate Planner Shoals presented the staff report Mayor Settle opened the public hearing. Joseph Adams, representing the Hooks (Nucci's and Cool Cat's) urged the Council to uphold the appeal and send it back for restructuring. He noted that there have been recent changes since the original request for outdoor seating was made and asserted that it would not be beneficial to grant the use permit at this time. Rob Strong, Strong Planning Services, recommended that the Council continue the matter and provide all parties the opportunity to discuss outdoor patio space and parking needs. He explained that he believes there will be cooperative resolution to the issues within a few weeks and, if not, any dissatisfied party can return to the Planning Commission. 1 Mayor Settle closed the public hearing. 1 Council Member Romero proposed a 90-day continuance. Mr. Brookings, appellant, concurred. Staff noted that if resolution is reached the appeal may be withdrawn. 2. ACTION: Moved by Romero /Schwartz to continue the item for ninety days; motion carried 4:0. Associate Planner Mandeville presented the staff report. Community Development Director Jonas commented that open space dedication for both Devaul Ranch North And South far exceeds the open space ratio of 1:1. Mayor Settle opened the public hearing. Dick Kamaraski, representing the applicant, spoke in support. Brett Cross, 1217 Mariners' Cove, objected to the annexation because environmental review has been inadequate. Rob Strong. Strong Planning Services, reported that environmental studies completed before the adoption of the General Plan Update included this property and anticipated the development of the property. He asserted that there have been no violations of State law I and urged the Council to approve the annexation. City Council Meeting Page 5 Tuesday, August 15, 2000 - 7:00 p.m. Hamish Marshall, representing DeVaul Ranch North, spoke in favor and clarified questions about open space dedication for both the north and south developments. Mayor Settle closed the public hearing. 3. ACTION: Moved by Romero /Schwartz to 1) introduce Ordinance No. 1373 prezoning the annexation area Conservation Open Space (C /OS) as interim zoning and approving the Negative Declaration of environmental impact (ER 87 -00). 2) Adopt Resolution No. 9089 recommending that the Local Area Formation Commission approve the annexation; motion carried 4:0. BROAD STREET (ANNX/PD/ER 80 -99). Associate Planner Mandeville presented the staff report. She noted that the property owner has not yet acquired the necessary letter of credit and paid the necessary fees. Staff will not bring back the ordinance for second reading until those requirements are met, she emphasized. Council questions followed. Mayor Settle opened the public hearing. Hamish Marshall, representing the applicant, indicated concurrence with the staff recommendation with the exception of a condition regarding access. He requested that the ' Council allow him to work with CalTrans on the option of accessing the development off of Hwy 227. In closing, Mr. Marshall reported that the applicant will have the necessary letter of credit and fees anticipated shortly. Mayor Settle closed the public hearing. Public Works Director McCluskev addressed questions regarding access. He reported that CalTrans agrees with staff that traffic should be lead to the street rather than Broad Street/Hwy 227 because it is better for circulation. Individual Council comments followed supporting the staff recommendation to deny driveway access to Hwy 227. ACTION: Moved by Romero/Marx to 1) introduce Ordinance No. 1374 prezoning the 10 -acre site C-S -PD (Service Commercial - Planned Development). 2) Adopt Resolution No. 9090 recommending that the Local Agency Formation Commission approve the annexation of 10 acres at the southwest corner of Aero Vista Drive and Broad Street. 3) Adopt Resolution No. 9091 approving the preliminary development plan and adopting the Mitigated Negative Declaration. 4) Initiate the renaming of Aero Vista Drive pursuant to Section 12.32.100 of the San Luis Obispo Municipal Code; motion carried 4:0. BUSINESS ITEMS 4. DOWNTOWN ASSOCIATION STRATEGIC OPERATING PROPOSAL AWARD. Downtown Association Administrator Holley presented the staff report. Vice Mayor Schwartz would like the survey to be expanded to include residents who choose not to use the downtown. City Council Meeting Tuesday, August 15, 2000 - 7:00 p.m. Page 6 There were no public comments. ACTION: Moved by Romero/Marx to 1) award a contract to Jeffrey Eichenfield and Associates as consultants to prepare a Downtown Strategic Operating Plan for an amount not to exceed $47,600,2) authorize the Downtown Association Administrator to sign the contract, and 3) authorize an appropriation of $22,600 from the unencumbered balance of the General Fund to cover the additional cost of the study above the current $25,000 budget; motion carried 4:0. 5. GROUNDWATER EVALUATION STUDY. Utilities Director Moss. Water Division Manager Henderson and Consultant Hutchinson (Team Engineering) presented the staff report and responded to questions from the Council. There were no public comments. ACTION: Moved by SchwartrJRomero to 1) receive the report and direct staff to prepare a contract amendment with Team Engineering and Management, Inc. for additional analysis relative to potential impacts to riparian, stream and subsidence issues. 2) Direct staff to develop a detailed strategy and implementation schedule to pursue development of additional water resources through the coordinated operation of both surface water and groundwater resources; motion carried 4:0. COUNCIL LIAISON REPORTS Council Member Romero summarized the August 2, 2000 San Luis Obispo Council of Governments meeting as well as reviewed the appointments to the San Luis Obispo Regional Transit Authority (memorandum on file in the Office of the City Clerk). The Council reviewed Council Member Ewan's report on the August 8, 2000 Downtown Association Board Meeting (memorandum on file in the Office of the City Clerk). Vice Mayor Schwartz provided highlights of the last League of California Cities Revenue and Taxation Policy Committee meeting. Vice Mayor Schwartz gave a slide presentation of Cal Poly student design solutions for a transit center in the Santa Rosa Street, Higuera Street, and Monterey Street areas done as part of the development of the Downtown Physical Concept Plan in 1994. There being no further business to come before the Ci C nci r S le adjourned the meeting at 10:20 p.m. to Tuesday, August 29, 2000 at 7 0 m:' �a ncil Cha ber, 990 Palm Street, San Luis Obispo. n I' Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr