HomeMy WebLinkAbout11/19/1996, C-1 - MINUTES MINUTES -1EETING AGENDA
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REGULAR MEETING OF THE CITY COUNCILQATE ITEM #
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 22, 1996 - 7:00 P.M. — -
LIBRARY COMMUNITY ROOM -995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL'
Council Members
Present: Council Members Bill Roalman, Dave Romero, Kathy Smith, Vice Mayor
Dodie Williams, and Mayor Allen Settle
City Staff
Present John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney;
Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative
Officer; Arnold Jonas, Community Development Director; Bill Statier,
Finance Director; Mike McCluskey; Public Works Director, Bob Neumann,
Fire Chief; Neil Havlik, Natural Resources Manager.
PRES 1. Mayor Settle presented an Employee Suggestion Award to Bill Dugger from the
Fire Department.
PRES 2. Mayor Settle presented a proclamation to Victoria Gheza of the Mayor's Youth
Task Force, honoring Red Ribbon Week, October 23rd through 31st, 1996.
PUBLIC COMMENT PERIOD
Mayor Settle announced that there would be a public hearing on December 10, 1996 regarding
the Chorro Street traffic calming project.
PC1. Lam Batcheldor, Student Housing Task Force, read a letter addressed to William
Baker, President of Cal Poly, urging the University to add more on-campus student
housing.
PC2. Janine Allen, Student Housing Task Force & Director of Community Relations at
Cal Poly, spoke in support of on-campus housing and asked for City support.
PC3. Kenny Jones, Student Housing Task Force, stated that students are in favor of
additional on-campus housing and requested the City's assistance.
PC4. Ray Belknap, 70 Benton Way, Land Conservancy, thanked the Council for the
City's support on the Creek Clean Up Day.
PCS. Diane Hull spoke regarding the Chorro Street focus group process.
PCs. Sharon Seitz, 112 Cerro Romauldo, stated that the focus groups for Chorro Street
were ineffective.
PC7. Cindy Griffin, 188 Cerro Court, echoed the previous speaker's comments and
asked Council to consider the majority opinion when making their decision on
Chorro Street.
PCs. Phil Lowe, resident of the Foothills subdivision, expressed disappointment that
Council would not be taking action on the Chorro Street issue before the election.
PC9. Nancy Lowe, 143 Cerro Court, spoke in opposition to the Chorro Street traffic
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Tuesday, October 22, 1996 - 7:00 p.m.
calming and stated that the bumps and traffic circles are a safety hazard.
PC10. Carol Pierce stated that people should be allowed to vote on the issue. She asked
if there had been a public hearing before the project was completed.
PC11. Nancy Howland, 285 Ramona, stated that the majority of residents did not support
the traffic calming project.
PC12. Diane Suderman, 239 Rosita, spoke in opposition to the traffic calming project.
PC13. Unny Menon spoke in opposition to the Chorro Street traffic calming, stating that
the majority of citizens also oppose the project.
PC14. Alana Reynolds spoke in opposition to the speed bumps and recommended
adding stop signs.
PC15. Patty Beck, 70 Benton Way, spoke in opposition to the speed bumps on Chorro
Street
PC 16. Mary Wall stated that she is concerned by using an independent counsel to settle
the Chorro Street issue.
PC17. Tom Kirschner, 615 Cerro Remauldo, asked Council to remove the bumps and
traffic circle.
PC18. Janna Barter stated that she would also like the bumps removed.
PC19. Janice Nanning agreed with previous speakers.
Mike McCluskey. Public Works Director, gave a brief synopsis of the type of information that
would be presented at the December 10th meeting regarding Chorro Street.
Vice Mayor Williams requested that staff send out a mail survey to residents in the Chorro
neighborhood and surrounding areas to gather information as to the opinions of the residents.
Council Member Smith stated that she would like to work with staff to assist with the survey.
John Dunn. CAO, suggested that staff would work with Council Members Smith and Williams to
develop a survey and bring back a report at the first November meeting.
CONSENT AGENDA
Council Member Smith stated that she Inadvertently voted on the Bed and Breakfast ordinance
at the October 1st City Council meeting and asked that the record reflect that she did not intend
to vote on that item. She also requested that Item C-7 on tonight's agenda, regarding 860 Pacific
Street, be removed from the consent calendar for a separate vote, as she would be abstaining
on that item.
Mayor Settle noted a correction made to the minutes of the October 1st meeting, and CAO Dunn
stated that a correction on Item C-8 should indicate that the blended tax rate includes two-thirds
of that generated by the residential portion of the property.
Moved by Romero/Williams to approve Consent Agenda items C-1 through C-6 and item C-8, as
recommended by the City Administrative Officer; motion carried (5-0).
C1. COUNCIL MINUTES
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Tuesday, October 22, 1996 -7:00 p.m.
Council considered the minutes of:
Friday, September 27, 1996 at 9:00 A.M.;
Tuesday, October 1, 1996 at 7:00 P.M.
Moved by Romero/Williams to waive oral reading and approve minutes as amended; motion
carried (5-0).
C2. CHEMICAL BIDS (File No. 97-26)
Council considered the bid package for 1997-08 Water Treatment Plant and Water Reclamation
Facility chemicals.
Moved by Romero/Williams to approve bid package, authorize staff to solicit bids, authorize CAO
to award the contract to lowest responsible bidder(s) if bid is within the cost estimate, and
authorize CAO to extend contract for an additional year if chemical cost increases are within the
cost of living increase; motion carried (5-0).
C3. PERSONNEL RULES AND REGULATIONS (File No. 623)
Council considered giving final passage to an ordinance amending the Personnel Rules and
Regulations regarding disciplinary action for exempt employees that is compatible with
maintaining their exemption from overtime as provided for in the Fair Labor Standards Act.
Moved by Romero/Williams to give final passage to Ordinance No. 1313: motion carried (5-0).
C4. UTILITY EASEMENT (File No. 169)
Council considered a request for a utility easement by PG&E within Santa Rosa Park for
Underground Utility District No. 13 (Santa Rose St./Foothill Blvd. Area).
Moved by Romero/Williams to adopt Resolution No. 8590 granting utility easement; motion
carried (5-0).
C5. RIGHT OF WAY ACQUISITION (File No. 168)
Council considered an agreement with Marilyn Stickler, et al.,to acquire Orcutt Road right of way
adjacent to 761 Orcutt Road and 3210 Broad Street in the amount of $61,500 and approving an
appropriation in the amount of $75,000 for 1997-98 for the Orcutt Road storm drain project.
Moved by RomeroANIlliams to approve and authorize the Mayor to execute the agreement, and
approve appropriation for storm drain project; motion carried (5-0).
C6. STREET LIGHT ACQUISITION (File No. 95-35)
Council considered the appraisal report on street lights owned by PG&E and just compensation
of $157,165 for acquiring street lights.
Moved by Romero/Williams to adopt Resolution No. 8591 approving the appraisal and authorize
the CAO to offer PG&E $157,165 for acquisition and transfer of street lights to the City; motion
carried (5-0).
Council Member Smith stepped down while Item C-7 was discussed.
C7. PROPERTY DISPOSITION - 860 PACIFIC (File No. 168)
Council considered declaring the building at 860 Pacific Street to be surplus property.
C�-3
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Tuesday, October 22, 1996 -7:00 p.m.
Eunene Jude, 750 Leaf St, spoke in opposition to the disposition of property at 860 Pacific
Street.
Elaine Simmer, 1292 Foothill, spoke in opposition to the removal of the building at 860 Pacific
Street and asked that the building be preserved.
Moved by RomeroMiliams to adopt Resolution No. 8592 declaring surplus and direct staff to
prepare a bid package and offer the property for sale to the highest qualified bidder; motion
carried (3-1-1, Roalman opposed; Smith abstained).
C8. EL CAPITAN ANNEXATION TAX INCENTIVES (File No. 441)
Council considered the City acceptance of an agreement with the County of San Luis Obispo on
the property tax revenues and annual tax increment for the EI Capitan Annexation (850 EI
Capitan).
Moved by Romero/Williams to adopt Resolution No. 8593 accepting the negotiated exchange of
property tax revenues and annual tax increment that is required as a prerequisite to any
jurisdictional change by the Revenue and Tax Code Section 99.
COUNCIL LIAISON REPORTS
LR1. Vice Mayor Williams reported on a meeting of the Joint Cities-County School District
Advisory Body regarding cooperative purchasing of equipment and supplies. She also reported
that Cal Poly's proposal regarding athletic fields would be discussed at the next meeting of this
group.
LR2. Council Member Roalman reported that he and Vice Mayor Williams had met with Cal Poly
regarding the transit issue and that Cal Poly is considering actions that might be taken regarding
the operating deficit
PUBLIC HEARINGS
1. TRANSIT GRANT & PROGRAM OF PROJECTS (File No. 1151.1)
Council held a public hearing to consider State and Federal Transit Grants for 1996-97 and the
Federal Program of Projects for 1996-97.
Mike McCluskey. Public Works Director, presented the staff report, stating that the TDA
allocations are increased this year because the economy of the State has improved.
Mayor Settle opened the public hearing, and having no requests to speak closed the public
hearing.
After discussion, moved by Williams/Romero to 1)adopt Resolution No.8594 approving the 1996-
97 Annual Claim for Local Transportation Funds and State Transit Assistance Funds in the
amount of $929,940; 2) adopt Resolution No. 8595 authorizing the Public Works Department to
apply for a grant from the Federal Transit Administration in the amount of$475,000; 3) approve
amendments which will bring the 1996-97 budget into conformance with anticipated revenues;
4) approve allocation of one-half of the transportation technician position from the transit
program to the transportation planning and engineering program; and, 5) approve a $25,000
capital project for bus stop improvements; motion carried (5-0).
COMMUNICATIONS
Comm. 1. John Dunn. CAO, reported that P.G.& Us Morro Bay Power Plant is being placed
2.1-�
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Tuesday, October 22, 1996 - 7:00 p.m.
on the market for sale.
BUSINESS ITEMS
2. CITY PROPERTY PURCHASE - RAILROAD AVENUE (File No. 168)
Council considered a request from Saro and Marco Rizzo to purchase a portion of City property
adjacent to 1020 Railroad Avenue (Amtrak Parking Lot).
Mike McCluskey. Public Works Director, presented the staff report, recommending approval of
the sale.
After discussion, moved by Romero/Smith to adopt Resolution No. 8596 declaring a 13 ft. wide
strip of land adjacent to 1020 Railroad Avenue to be surplus property and conceptually approve
the sale to adjacent property owner, and, 2)authorize the CAO to execute an agreement with Saro
and Marco Rizzo for sale of the surplus property at fair market value, to the satisfaction of the
.City Attorney and the CAO; motion carried (5-0).
3. DISPUTE RESOLUTION - UTILITIES PROJECT (File No. 96-96)
Council considered testimony of prime contractor (Total-Westem, Inc.)and sub-contractor (Eagle
Enterprises) regarding substitution of sub-contractor for Eagle Enterprises.
Public Works Director McCluskey explained the process outlined in the contract code for the
Council to decide disputes between prime contractor and a sub-contractor.
Mayor Settle opened the floor for testimony.
Brad Hudibera Prime Contractor, 2811 Fruitvale Ave., Bakersfield, presented testimony stating
that the subcontractor had requested a deposit on work before it was begun, but that a deposit
had not been included in the original bid from the subcontractor. Since the subcontractor will
not begin work on the project without a deposit, Mr. Hudiberg asked that Council permit a
substitute.
No one requested to speak on behalf of the sub-contractor, Eagle Enterprises.
Mayor Settle closed the public testimony.
Moved by RomeroWilliams to find, pursuant to Contract Code Section 4107.a.1, that the
subcontractor did not submit a written contract and to permit subcontractor substitution; motion
carred (5-0).
4. GRANT FUNDING PROGRAMS (File No. 427)
Mayor Settle noted that this item will be heard at the December 3, 1996 City Council meeting.
S. CERT PROGRAM (File No. 721)
Council considered allowing the Fire Chief to develop a neighborhood Community Emergency
Response Training (CERT) program.
Bob Neumann, Fire Chief, presented the staff report, stating that this is a community based
program that would be coordinated by the Fire Department.
Lam Bactheldor presented some details of the program, emphasizing the importance of training
citizens how to respond to emergencies.
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Tuesday, October 22, 1996 -7:00 p.m.
After discussion, moved by Williams/Romero to conceptually approve development of CERT
program; motion carried (5-0).
6. HAZARDOUS MATERIALS & WASTE MANAGEMENT PROGRAM
(File No. 722)
Council considered requesting that the Secretary of the California Environmental Protection
Agency establish the City as a Participating Agency under the San Luis Obispo County Certified
Unified Program Agency (COPA).
Bob Neumann. Fire Chief, presented the staff report, stating that this program would help
eliminate duplication of services, and clarified that the City is responsible for setting the fees in
connection with the program.
After discussion, moved by SmithA%rilliams to authorize the Mayor to send a letter to the
Secretary of the Environmental Protection Agency making request; motion carried (5-0).
7. PROPOSITION 218 (File No. 202)
Council considered Proposition 218 on the November 5, 1996 ballot.
John Dunn. CAO, summarized concerns that arise from Proposition 218, and Finance Director
Statler presented a detailed report regarding uncertainties and potential effects on local agencies.
He stated that there would be a loss of local control by charter cities and the loss of ability of
make timelydecisions regarding local fees and assessments.
Lance Parker asked Council to wait before taking a stance so they could have a chance to hear
the pro 218 side.
Diane Hull stated that property owners should have a right to vote on taxes and that this does
grant local control to voters.
After discussion, moved by Smith/Romero to adopt Resolution No. 8597 opposing Proposition
218; motion tamed (5-0).
Mayor Settle adjourned the meeting at 9:40 p.m. to Closed Session in the Library Conference
Room.
Jeff Jorgensen. City Attorney, announced the closed sessions as follows:
CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code § 54956.8
Property: 140 acres on the west side of Highway 1 at Stenner Creek Road.
Negotiating Parties:
City of San Luis Obispo: Property Owner Representative:.
John Dunn Raymond Bunnell
Ken Hampian
Neil Havlik
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.68
Agency Negotiators: Ken Hampian
Wendy George
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Tuesday, October 22, 1996 -7:00 p.m.
Richard Bolanos
Employee Organization: San Luis Obispo Firefighters' Association
Mayor Settle reconvened In Open Session at 10:20 p.m.
Jeff Jorgensen City Attorney, announced that in the matter of the property negotiations, Council
authorized continued negotiations, but that no terns could be disclosed at this time. He said that
Council received information on the labor negotiations but took no action.
Mayor Settle asked Council if, due to the election, a meeting on November 7 at 4:00 p.m. would
be agreeable to Council, and Council concurred. There being no further business to come before
the City Council, Mayor Settle adjourned the meeting at 10:25 p.m. to Thursday, November 7,
1996, at 4:00 p.m. in the Library Conference Room, 955 Palm Street.
APPROVED BY COUNCIL, 11/19/96
BG:dr Bonnie L Gawf, City Clerk
MINUTES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
THURSDAY, NOVEMBER 7, 1996 -4:00 P.M.
LIBRARY COMMUNITY ROOM - 995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dave Romero, Kathy Smith, Vice Mayor
Dodie Williams, and Mayor Allen Settle
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney;
Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative
Officer, Arnold Jonas, Community Development Director; Bill Statler,
Finance Director; John Mandeville, Long-Range Planning Manager; Glen
Matteson, Associate Planner; Neil Havlik, Natural Resources Manager
PUBLIC COMMENT
PCI. Lance Parker thanked the staff and Council for their help and professionalism
during his run for election to the City Council.
CONSENT AGENDA
Cl. APPLICATION FOR GRANT FUNDS (File No. 487)
Council considered authorizing staff to complete and submit an application for grant monies in
the amount of $350,000 from the State Environmental Enhancement and Mitigation Program,
which, if successful, would be used in support of the acquisition of part of the Bishop Peak
property-
Moved by Roalman/Willlams to adopt Resolution No. 8598 authorizing application for grant
monies; motion carried (5-0).
APPOINTMENT
Al. PERFORMING ARTS CENTER (File No. 851)
Council considered the appointment of City Representatives to the Performing Arts Center
Commission's Facility Committee.
After discussion, moved by Roalman/Smith to appoint City Council Member Dave Romero and
City Administrative Officer John Dunn to serve with representatives of the other two partners on
the PAC Commission's Facilities Committee; motion carried (5-0).
STUDY SESSION
1. SAN LUIS OBISPO AREA PLAN (File No. 462)
Council considered a presentation by County Planning Department staff of County Planning
Commission recommendations to the Board of Supervisors for updating the County's San Luis
Obispo Area Plan highlighting the differences between the Commission's recommendations and
various adopted City General Plan policies and guidelines.
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Thurday, November 7, 1996 -4:00 p.m.
Arnold Jonas. Community Development Director, presented the staff report, stating that if after
hearing the presentation Council wishes to submit comments, tonight is an opportunity to
formulate those comments.
Alex Hinds. County Director of Planning and Building, presented the schedule for the
Supervisor's hearing of the County Area Plan. He noted that an effort had been made to reconcile
County's plan with the City's General Plan, but there are a few areas where the Council may have
concerns.
Dana Lilley. County Senior Planner, addressed the request to the County from Ray Bunnell to
rezone approximately 270 acres on and near Bishop's Peak, stating that the County Planning
Commission will recommend the clustering of 17 homes in least visually sensitive areas on that
property in exchange for meeting specific conditions. He described recommendations by the
Planning Commission for other areas which the Council may wish to address.
John Mandeville. Long-Range Planning Manager, outlined areas of concern, as follows:
—Proposed urban development in the Airport Area before annexation.
—Rezoning agricultural land outside the urban services boundary for urban uses.
—Allowing development outside of boundaries may fosters additional changes.
Mayor Settle opened the floor for public comment, and having no requests to speak returned the
discussion to the Council.
After discussion moved by Roalman/Smith to amend the draft letter to indicate the City's support
of the recommendation to hold the maximum number of dwellings on the Bunnell property to
eight, consistent with current General Plan policies; motion carried (3-2, Romero, Williams
opposed).
Moved by Roalman/Smith to receive presentation and transmit an alternative set of
recommendations to the Board for consideration at their Area Plan hearings scheduled to begin
November 8, 1996, as outlined in the draft letter and incorporating the following: a statement
indicating that the proposed intensity of development, sewage treatments plants and the
allowable floor area ratio may be a disincentive for the City to annex the Airport Area; and
language indicating that even though the City desires to annex the County Airport, itself, as part
of the Airport Area there is no desire on the part• of the City to manage the operations of the
airport; motion carried (3-2, Romero, Williams opposed).
COUNCIL LIAISON REPORTS
LR1. Vice Mayor Williams reported that a subcommittee of PCC met to discuss a grant
application. She stated that the subcommittee members received the draft today, and she
will return with a report after they have reviewed it.
LR2. Mayor Settle reported the ASI has asked for an opportunity to report to the City Council
regarding student housing at the December 3rd meeting under Communications. Council
concurred that they would like to hear the report.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 5:30 p.m. to Tuesday, November 19, 1996, at 4:30 p.m. for a Closed Session in the
Library Conference Room, 955 Palm Street.
APPROVED BY COUNCIL: 11/19/96
BG:dr Bonnie L. Gawf, City Clerk