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HomeMy WebLinkAbout08/20/1996, C-1 - MINUTES MEETING AGENDA DATE p' a 14d ITEM # CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JULY 16, 1996 -6:30 P.M. LIBRARY CONFERENCE ROOM -995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Wayne Peterson, City Engineer, Wendy George, Asst. to CAO; Ann Slate, Personnel Director; Ken Hampian, Assistant City Administrative Officer City Council held a closed session to discuss the following issues: CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6 Agency Negotiators: Ken Hampian and Wendy George Employee Organization: San Luis Obispo Fire Battalion's Association Council authorized further negotiations. CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code § 54956.8 Property: (1) 535 Marsh St. (2) 581 Higuera St. Negotiating Parties: City of San Luis Obispo: Wayne Peterson for Michael McCluskey Property Owner Representatives: (1) Bob Henderson (2) Alex Madonna Council directed staff not to proceed with property negotiations on 535 Marsh St.and 581 Higuera St PUBLIC EMPLOYEE RELEASE— Pursuant to Government Code § 54957 No action taken regarding the public employee release. 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Library Community Room, where a public report of the action taken in closed session was to be given. City Council MeetingPage'2 Tuesday;:July 16„1996- 6:30 P.M: Bonnie L. Gmt City Clerk APPROVED BY COUNCIL_: 8/20!96 BG:bv MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JULY 16, 1996 - 7:00 P.M. LIBRARY COMMUNITY ROOM -995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Diane Reynolds, City Cleric Secretary; Ken Hampian,Assistant City Administrative Officer,Bill Statler,Finance Director, Ron Whisenand, Development Review Manager; Wayne Peterson, City Engineer,John Moss,Utilities Director, Bob Neumann, Fire Chief;Ann Slate, Personnel Director Mayor Settle, on behalf of the Council, welcomed Bonnie Gawf, the new City Clerk. Jeff Jorgensen. City Attorney, announced that the Council met in Closed Session regarding three items: 1)Council decided not to proceed further with property acquisition of 535 Marsh Street and 581 Higuera Street;2)Council authorized further negotiation with San Luis Obipso Fire Battalion's Association; and, 3) Council took no action regarding employee release. PUBLIC COMMENT PERIOD PCI. Christine Mulholland, SLO,expressed concern that Alex Madonna's cows were,once again, trampling the Let It Be Nature Preserve;she requested that the City draft a contract concerning the fences. PC2. Phil Ashley, La Cita Court, requested that the City stop cutting trees along the creeks for the sake of transient and flood control. PC3. Deborah Holley. BIA, reported on the Downtown tree lighting project and asked Council Members and the public to view two trees which are being lit by flood lights on a trial basis. CONSENT AGENDA Moved by Williams/Smith to approve the Consent Agenda as recommended by the City Administrative Officer, motion carried (5-0). C1. COUNCIL MINUTES (CONDON) Council considered the minutes of: Tuesday, July 2, 1996 at 6:30 p.m.; and, Tuesday, July 2, 1996 at 7:00 p.m. Moved by Williams/Smith to waive oral reading and approve minutes as amended; motion carried Ci3 City Council Meeting Page 2 Tuesday, July 16, 1996 -7:00 p.m. C2. BIA EMPLOYMENT CONTRACTS (File No. 471) Council considered contracts of employment between the City and the BIA Administrator and Thursday Night Activities and Promotions Coordinator. Moved by Williams/Smith to adopt Resolution No. 8570 approving employment contracts with Deborah Holley, BIA Administrator, and Peter Eberle, TNA and Promotions Coordinator; motion carried (5-0). C3. SERVICE CREDIT PURCHASES(File No. 631) Council considered implementing pre-tax payroll deductions for service credit purchases as authorized by Internal Revenue Code Section 414(h)(2) and the California Government Code. Moved by Williams/Smith to adopt Resolution No. 8561 implementing pre-tax payroll deductions; motion carried (5-0). C4. REZONING 3030 BROAD STREET(PD 129-95) (File No. 463) Council considered giving final passage to Ordinance No. 1299 rezoning property at 3030 Broad Street (the Brickyard) from Service-Commercial to Service-Commercial Planned Development to allow large office uses and other miscellaneous uses not otherwise allowed in the C-S zone; 3030 Inc., property owner. Moved by Williams/Smith to give final passage to Ordinance No. 1299: motion carried (5-0). C5. GENERAL PLAN AMENDMENT- 1318 PACIFIC (File No. 463) Council considered giving final passage to Ordinance No. 1300 approving a negative declaration with mitigation measures, and amending the zoning map from R-2 to OS, for property located at 1318 Pacific Street; Margaritaville Partners, applicant. Moved by Williams/Smith to give final passage to Ordinance No. 1300; motion carried (5-0). C6. GENERAL PLAN AMENDMENT- 1772 CALLE JOAQUIN (GP/R & ER 31-96) (File No. 463) Council considered giving final passage to Ordinance No. 1301 rezoning 1772 Calle Joaquin from Tourist Commercial (C-T) to Office with Special Considerations (O-S); KSBY,applicant. Moved by Williams/Smith to give final passage to Ordinance No. 1301; motion carried (5-0). C7. TRANSPORTATION PARTNERSHIP (File No. 548) Council considered a request from the Board of Supervisors that the City become a"Transportation Partner" with the Local Government Commission's Center for Livable Communities. Moved by Williams/Smith to adopt Resolution No. 8562 agreeing to become a Transportation Partner, motion tamed (5-0). C8. UTILITY TRENCH REPAIR PROJECT(File No. 96-33) Council considered plans and specifications for "Utility Trench Repair Project," Spec. No. 96-03 estimated to cost $78,440, including contingencies. City Council Meeting Page 3 Tuesday, July 16, 1996 -7:00 p.m. Moved by Williams/Smith to approve plans and specifications, authorize staff to advertise for bids, and CAO to award the contract if the lowest responsible bid is within Engineer's estimate; motion carried (5-0). C9. JENNIFER STREET BRIDGE PROJECT(File No. 94-03B) Council considered approving plans and specifications for"Jennifer Street Bicycle and Pedestrian Bridge," Spec. No. 94-03B, estimated to cost $925,000. Moved by Williams/Smith to 1) approve plans and specifications; 2) authorize staff to solicit bids as soon as an agreement has been reached with the SPRR; 3) authorize the CAO to award a contract if the lowest responsible base bid plus alternate is less than Engineer's estimate; and, 4) appropriate an additional $338,018 in grant revenue to the project account; motion carried (5-0). C10. STANDARD SPECIFICATIONS (File No. 502) Council considered approving the new City Standard Specifications for Construction Projects. Moved by Williams/Smith to adopt Resolution No. 8563 approving standards; motion carried (5-0). LIAISON REPORTS CLR1. Council Member Romero submitted correspondence regarding Integrated Waste Management Authority, and reported that San Luis Obispo is ahead of schedule on our program to divert solid waste from the landfill,and that the green waste program which has just started will enhance that effort greatly. He also reported that, to date, eight Downtown buildings have been retrofit, and that the City will work with the BIA to develop incentives to help accelerate this process. COMMUNICATIONS Comm.1 Vice Mayor Williams,reported on the fundraising efforts and upcoming activities of, and the new volunteer staff added to the Foundation for the Performing Arts Center. BUSINESS ITEMS 1. GENERAL MUNICIPAL ELECTION A. OPEN SPACE FUNDING BALLOT MEASURE (File No. 323) Council considered submitting an advisory ballot measure to the voters to determine whether the voters.would support the establishment of a long-term open space and park financing program, consistent with the recommendations of the Open Space Financing Task Force. Ken Hamaian, Asst. CAO, gave the report. Gary Fowler, 777 Mill Street,expressed concern that the voters be allowed to express their views on how the purchase of Open Space will be funded. Penny Raaaa, 3993 Hollyhock, encouraged Council to place this measure on the ballot, and to make it clear that this measure was for an assessment district only. After discussion, moved by Roalman/Smith to adopt Resolution No. 8564 submitting an advisory measure to the electorate at the General Municipal Election on Tuesday, November 5, 1996;motion carried (5-0). t �'l'J City Council Meeting Page 4 Tuesday, July 16, 1996 - 7:00 p.m. B. CALLING AND CONSOLIDATING ELECTION (File No. 323) Council considered calling the election for November 5,1996, requesting the Board of Supervisors consolidate the General Municipal Election with the State-wide election, and submitting ballot measures to the electorate concerning City Charter Amendments. Jeff Jorgensengave the report on the resolutions pertaining to the election. After discussion, moved by Williams/Romero to 1) adopt Resolution No. 8565 calling the election for November 5, 1996; 2) adopt Resolution No. 8566 requesting the Board of Supervisors consolidate the General Municipal Election with the State-wide Election; 3) adopt Resolution No. 8567 for the submission of ballot measures to the electorate concerning City Charter Amendments, as amended, adding language to cause the section titled Measure B to read, "Shall City Charter Article IX be amended to add Section 909. Use of Water Supply Reliability Reserve?'; motion carried (5-0). 2. BODY CONTACT IN WATER SUPPLY RESERVOIRS- NACIMIENTO (File No. 517) Council considered a change in legislation relative to body contact recreation in water supply reservoirs to seek relief for the Nacimiento Water Supply Project from State Health and Safety Code restrictions. John Moss. Utilities Director, gave the report on this item. After discussion, moved by Romero/Williams to 1)adopt Resolution No. 8568 supporting the San Luis Obispo County Flood Control and Water Conservation District's(SLOFCWCD) efforts to seek legislative relief for the Nacimiento Water Supply Project from the provisions of the State of California Health and Safety Code restricting the simultaneous use of Nacimiento Reservoir for body contact recreation and drinking water supply, and opposing any efforts by the SLOFCWCD to include in such legislative change language which would affect the existing provisions relative to Salinas and Whale Rock Reservoirs, and 2) authorize the Mayor to execute a letter of support for said legislative change to the Chairman of the Board of Supervisors, and direct staff to prepare future letters to the City's State Senate and Assembly representatives; motion carried (5-0). 3. SUPPLEMENTAL PERFORMING ARTS CENTER FUNDING (File No. 854) Council considered approving supplemental funding program for completion of the Performing Arts Center. Jeff Jorgensen. City Attorney, and Bill Statler, Finance Director, gave the report on this item. After discussion, moved by Romero/Smith to adopt Resolution No. 8569 granting approval for the Cal Poly Foundation to obtain a tax-exempt loan on behalf of the City for acquisition of equipment for the Performing Arts Center(PAC);approving property reversion agreement with the Foundation for City transfer of ownership interest in the equipment at the end of the loan period to the PAC Commission;and appropriating $296,000 as the City's one-sixth contribution towards the estimated remaining cost of$1,780,000 for completing the Performing Arts Center; motion carried (5-0). 4. GENERAL PLAN AMENDMENT/ZONE RECLASSIFICATION (File No. 463) Council considered a request to amend the General Plan and Zoning map, and text amendments to allow development on the westerly side of Calle Joaquin, south of Los Osos Valley Road and immediately south of Motel 6 (GP/R 7-96); John Franks, applicant. (Continued from 6/18/96 and 712/96.) Ron Whisenand. Development Review Manager, gave the report on this item. e-1-4 City Council Meeting Page 5 Tuesday, July 16, 1996 -7:00 p.m. Pat Veesart,SLO, spoke against this project saying that rezoning this open space area to tourist- commercial would be setting a bad precedent. Skip Barnhart. SLO, spoke in favor of this project, as adult athletes need a place to practice. Phil Ashley. SLO,spoke in favor of sports and new facilities,but the environmental impacts of this project would be too severe. Christine Mulholland. SLO,expressed concern that the City is trying to purchase open space, yet with this project, open space would be rezoned and that this would be hard for the City to justify. Regina Brown, board member of San Luis Little League, asked the Council to support this project because new facilities are needed for kids. Mel Caldwell. Emergency Medical Training Officer for the Little League district, spoke in favor of the project. John Franks, submitted a 700 name petition, presented the Council with background information regarding this recreational facility, discussed the advantages of it, and urged Council to approve the rezoning. John Belsher, responded to the claims made against the project and urged Council to move this project along for financial reasons. Gary NcNanna, President of Babe Ruth League, spoke in support of the project for the sake of youth sports. Roy Howell, spoke in support of this recreational facility for the youth, and stated that it would bring commerce to the City. Jacques Nosco, SLO Fun Zone, explained the progress of the recreation facility,the Fun Zone, on Calle Joaquin, and expressed concern that another project of this sort was not needed right next to the Fun Zone. John Belsher, responding to Council, asked for a first vote of support from the Council for this project. After discussion, moved by Roalman/Settle to reaffirm denial of requests for General Plan amendments, zone reclassification, and fee waiver, and to direct staff to bring back a resolution with findings at a future meeting; motion carried (3-2, Council Members Williams and Romero voting no.). 9:15 p.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to Tuesday, July 23, 1996 at 7:00 p.m. in the Library Community, 995 Palm Street for an Adjourned Regular Meeting. APPROVED BY COUNCIL: 8120/96 BG:dr Bonnie L. Gawf, City Clerk L'-l-r MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 23, 1996 -7:00 P.M. LIBRARY COMMUNITY ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk;John Moss, Utilities Director; Jim Gardiner, Police Chief; Arnold Jonas, .Community Development Director; Bill Statler, Finance Director, Bob Neumann, Fire Chief PUBLIC COMMENT PERIOD There were no public comments. CONSENT AGENDA Moved by Romero/Smith to approve the Consent Agenda as recommended by the City Administrative Officer, motion carried (5-0). C1. WATER RECLAMATION FACILITY PROJECT (File No. 96-96) Council considered awarding a contract to Total-Western, Inc. in the amount of $398,810 for construction of the Belt Filter Press Relocation Project. Moved by Romero/Smith to award contract and appropriate an additional $55,000 from the Sewer Fund to the project budget; motion carried (5-0). C2. LIBRARY JOINT POWERS AGREEMENT AMENDMENT (File No. 571) Council considered approving a change to the City/County Library Joint Powers Agreement reducing the Library's hours of operation from fifty hours per week to forty-eight. Moved by Romero/Smith to approve change and authorize the Mayor to sign a letter to the Board of Supervisors expressing the City's concern that any future reduction of hours Will seriously affect the Library's availability to the public; motion carried (5-0). C3. INTENTION TO GRANT FRANCHISE (File No. 142) Council considered declaring the City's intent to grant five-year franchise to San Luis Garbage for green waste and residential curbside recycling collection services. Moved by Romero/Smith to adopt Resolution No. 8571 declaring the City's intent to grant franchise and setting a public hearing for August 20, 1996; motion carried (5-0). C4. WATER STORAGE TANK REPAIR (File No. 90-84) Council considered approving plans and specifications for Water Storage Tank Repair; Terrace ,4-14 City Council Meeting Page 2 Tuesday, July 23, 1996 -7:00 p.m. and Bishop," Spec. No. 90-84, Engineer's estimate $168,400 including contingencies. Moved by Romero/Smith to approve plans and specifications, authorize staff to advertise for bids, and CAO to award the contract if the lowest responsible bid is within the budget; motion carried C5. MEMORIAL BENCH POLICY (File No. 473) Council considered establishing a policy for the placement of memorial benches in Mission Plaza. Moved by Romero/Smith to adopt Resolution No. 8572 approving Memorial Bench Policy for Mission Plaza; motion carried (5-0). C6. ENVIRONMENTAL SITE ASSESSMENT -TRANSIT TRANSFER CENTER (File No. 90-59) Council considered a Request for Proposal (RFP) for"Phase li Environmental Site Assessment: Multi-Modal Transit Center," Spec. No. 90-59, Engineer's estimate $20,000. Moved by Romero/Smith to approve RFP and authorize CAO to award an agreement if the lowest responsible bid is within the Engineer's estimate; motion carried (5-0). C7. FIRE FLEET MODIFICATIONS (File No. 721) Council considered modifications to the Fire fleet to reduce the overall size of the City's Fire fleet by one vehicle and reduce the cost of scheduled replacements by $52,500. Moved by Romero/Smith to approve recommended modifications and authorize the CAO to enter into a sole-source purchasing agreement for a new fire engine with Pierce Manufacturing Company at a cost of $259,028 (including sales tax and delivery); motion carried (5-0). LIAISON REPORTS CLR1. Council Member Williams reported on the most recent meeting of the Friends of SLO Adobes and discussion regarding the establishment of several historical districts within the City. PUBLIC HEARINGS Mayor Settle handed the gavel to Vice Mayor Williams and stepped down due to a potential conflict of interest in the matter of the Creek Setback Ordinance. 1. CREEK SETBACK ORDINANCE (File No. 596) Council held a public hearing to consider a revised Creek Setback ordinance. Community Development Director Arnold Jonas introduced the item. Associate Planner Matteson reviewed changes which had been made to the ordinance since Council's last consideration of the item. He made corrections to Exhibit A of the ordinance. Natural Resources Manager Havlik detailed specific aspects of the ordinance. Vice Mayor Williams opened the public hearing. Bob Davis stated that a healthy process had been used to develop the ordinance and outlined City Council Meeting - Page 3 Tuesday, July 23, 1996 -7:00 p.m. two concerns he has with specific language contained in the ordinance. Marshall Ochylski, 979 Osos, #B, stated that a list should be used to define "riparian" and asked that the phrase "top of bank" be clarified. Phil Ashley. 1586 La Cita Court, stated that twenty feet is not a large enough set back and gave Council suggestions on specific wording to add to certain sections of the ordinance. Richard Kreisa, 189 San Jose Court, stated that he previously submitted a letter and requested it be read into the record at the June 18th meeting, but that it was not. He said that the ordinance before Council does not promote restoration and rehabilitation of the creek. Duane Young, 2018 San Luis Drive, stated that his concern is that all rules will not fit all cases, and encouraged dialogue between the City and developers. Vice Mayor Williams closed the public hearing. Council discussion ensued, and consensus was reached to amend the ordinance as follows: Section 17.04.342, remove "native" and "and all trees;" Section 17.04.440 would be changed to read as it was presented to Council on April 16; Section 17.16.025.D, remove "significant;" and Section 17.16.025.E.3, will read as presented by Associate Planner Matteson. Moved by Smith/Roalman to introduce Ordinance No. 1302. as amended, to approve the negative declaration of environmental impact, to add creek setback provisions to the Zoning Regulations; motion carried (3-1-1, Council Member Romero voting no, Mayor Settle not participating). Mayor Settle returned to his seat at the dias. 2. ANNEXATION AND PREZONING - EL CAPITAN (File No. 441) Council held a public hearing to consider annexation and prezoning of a 3.85 acre site on the east side of Broad Street, south of Tank Farm Road; Kelly Gearhart, applicant Community Development Director Jonas presented the staff report. Mayor Settle opened the public hearing. Andrew Griffin spoke on behalf of the developer in support of the annexation. Mayor Settle closed the public hearing. After discussion, Council reached a consensus to strike Finding #4 from Section 2 of the ordinance. Moved by Williams/Romero to A)approve the Negative Declaration of Environmental Impact; B) introduce Ordinance No. 1303, as amended, to print amending the zoning regulations map to designate 1)a 3.15 acre site, on the east side of Broad Street, south of Tank Farm Road, Medium- Density Residential, with Planned Development and Specific Plan overlays (R-2-PD-SP), and 2) a 0.7 acre site, in the same location, Service Commercial, with Special Considerations and Specific Plan overlays (CSS-PD); and, C) adopt Resolution No. 8573 requesting LAFCo to approve the El Capitan Annexation (SLO County Annexation #39); motion carried (4-1, Council Member Roalman voting no). 3. GOLDENROD SUBDIVISION -(Tract 127-95) (File No. 411) Council held a public hearing to consider subdivision of a recently annexed area into 44 residential lots, plus open space and detention basin lots, westerly of and between Goldenrod City Council Meeting Page 4 Tuesday, July 23, 1996 -7:00 p.m. - Lane and Fuller Road; John French and R.W. Hertel, Inc., applicants. Mayor Settle opened the public hearing. . John French, stated he was available to answer any questions Council may have. Roy Garcia, said that Council should explore annexing property that lies beyond Fuller Road. Mayor Settle closed the public hearing. After discussion, Council added language to Page 6, Number 28 of the Resolution, "To maximum extent feasible, all construction . . ." Moved by Williams/Romero to adopt Resolution No. 8574, as amended, approving the Negative Declaration of Environmental Impact and subdividing a 14-acre site into 44 residential parcels and several open space and drainage lots; motion carried (4-1, Council Member Roalman voting no). 4. CITY-WIDE TEXT AMENDMENT - CARWASHES (File No. 463) Council held a public hearing to consider a City-wide text amendment to allow mechanical carwashes in the Neighborhood-Commercial (C-N) zone; Shell Oil Company, applicant. Community Development Director Jonas presented the item. Mayor Settle opened the public hearing. There were no requests to speak. Mayor Settle closed the public hearing. After discussion, moved by Roalman/Smith to approve the Negative Declaration of environmental impacts and introduce Ordinance No.1304 to print approving the amendment to allow mechanical carwashes in the C-N zone and eliminating the 1,000 foot separation requirement between carwashes in the Tourist Commercial (C-T) zone; motion carried (5-0). COMMUNICATIONS There were no Council communications. BUSINESS ITEMS 5. INFORMATION AND OUTREACH SERVICES (File No. 517) Council considered a Request for Proposals (RFP) for Community Information and Outreach Services for the City's water conservation, water reuse and solid waste programs. City Manager Dunn introduced the item. Utilities Director Moss detailed the amendment. Moved by Williams/Romero to approve RFP and authorize the CAO to award a contract if the selected proposal is within the approved budget for this project ($35,000); motion carried (5-0). City Council Meeting . _-- Page.5 Tuesday, July 23; 1996 7:00 p.m. There being no further business to come before the .City Council; Mavor._Settleadjoumed the. meeting at 10:25 p.m.to Tuesday, August 20, 1996 of 7:00 03n. in the Library Community, 995 Palm Street. APPROVED BY COUNCIL:. 8%20/96 BG;dr Bonnieie:-L. -awf, City Clerk