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
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