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HomeMy WebLinkAbout11/19/19961 1 CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 19, 1996 - 4:30 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 City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Wendy George, Asst. to CAO; Ann Slate, Personnel Director; Bob Neuman, Fire Chief; Bill Statler, Finance Director City Council held a closed session to discuss the following issues: CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.68 Agency Negotiators: Ken Hampian Wendy George Richard Bolanos Employee Organization: San Luis Obispo Firefighters' Association CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6 Agency Negotiator. Bill Avery Employee Organization: San Luis Obispo City Employee's Association CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS - Pursuant to Government Code § 54956.8 Property: 748 Pismo Street Negotiating Parties: City of San Luis Obispo: Bill Statler, Ken Hampian Potential Purchaser: Rob Rossi Negotiation: Whether to Sell At 5:40 p.m., the City Council convened in open session, and Jeffrey Jorgensen, City Attorney, announced that no action was taken in either of the employee negotiations, as these negotiations are ongoing. Jeffrey Jorgensen, City Attorney, reported that Council authorized on -going real property negotiations for the property at 748 Pismo Street. At 5:45 p.m. Mayor Settle convened a Study Session in the Library Community Room. Ion. nie L. Gawf, ity rk APPROVED BY COUNCIL: 1213196 BLG:dr MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 19 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; Mike McCluskey; Public Works Director; John Moss, Utilities Director; Bob Neumann, Fire Chief; Jim Gardiner, Police Chief; Jane McVey, Economic Development Manager; John Mandeville, Long -range Planning Manager PUBLIC COMMENT PERIOD PC1. Robert Stem, SLO, asked the City Council to oppose the allowance of alcohol on the Cal Poly campus. Council asked that the matter be agendized as a consent item for the December 3rd meeting. PC2. Lionel Johnston. Morro Bay, displayed a potted Oak Tree and invited participation in a tree planting at Morro Bay State Park this weekend. PC3. Rob Strong, 73149 Bel Air Road, stated that he has written a letter to Council seeking consideration related to obtaining'water for the DeVaul Ranch development, specifically, and water for annexations, more generally, and asked that the matter be agendized at the earliest possible convenience. Jeff Jorgensen, City Attorney, stated that it might be appropriate for staff to review the letter and prepare an analysis before Council agendizes the matter, and Council concurred. CONSENT AGENDA Council Member Smith requested that Item C4 be removed for separate action, as she would not participate in the vote on that item due to a potential conflict of interest. Moved by Williams /Smith to approve the Consent Agenda, with the exception of Item C4, as recommended by the City Administrative Officer; motion carried (5 -0). Council Member Smith stepped down during the discussion of Item C4 and returned to the dias after the vote. 1. COUNCIL MINUTES Council considered the minutes of: Tuesday, October 22, 1996 at 7:00 p.m.; Tuesday, October 22, 1996 at 10:45 p.m.; and Thursday, November 7, 1996 at 4:00 p.m. ul 1 D City Council Meeting Page 2 Tuesday, November 19, 1996 - 7:00 p.m. Moved by Williams /Smith to waive oral reading and approve minutes as amended; motion carried (5-0). C2. RFP FOR CREEK RESTORATION (File No. 95 -28) Council considered a Request for Proposals (RFP) for consultant services relating to the Pennington Creek Steelhead Habitat Restoration Project. Moved by Williams /Smith to approve RFP and authorize soliciting of proposals, authorize contract award by the CAO if the proposed contract amount does not exceed $25,000, and authorize the use of funds previously approved for construction of this project to fund the consultant services; motion carried (5-0). C3. ARCHAEOLOGICAL STUDY (File No.) Council considered a Request for Proposals (RFP) for archaeological services for the Palm Street parking structure archaeological study. Moved by Williams /Smith to approve RFP, authorize soliciting of proposals, and authorize contract award by the CAO if the proposed contract amount does not exceed $50,000; motion carried (5 -0). C4. MARSH STREET GARAGE EXPANSION EIR (File No. 96-84) Council considered a Request for Proposals (RFP) for a Focused Environmental Impact Report (EIR) for the Marsh Street Garage expansion at a cost not to exceed $50,000. After discussion, moved by Romero/Williams to approve specifications, direct staff to solicit bids and authorize the CAO to award the contract to the most responsible contractor within the engineer's estimate; motion carried (3 -1 -1, Roalman opposed, Smith abstained). C5. GREAT AMERICAN MAIN STREET AWARD (File No. 474) Council considered supporting the nomination of the "Marsh Street Makeover' for a Great American Main Street Award. Moved by Williams /Smith to adopt Resolution No. 8599 supporting the nomination; motion carried (5 -0). C6. STORM DRAIN PROJECT AWARD (File No. 96 -05) Council considered awarding a contract to Madonna Construction in the amount of $95,400 for "Storm Drain Improvement Projects: El Cerrito /Flora Easement, Specification 96 -05E," and rejecting bids received for "Storm Drain Improvement Projects: California - Hathway to Stafford, Specification No. 96 -05C." Moved by Williams /Smith to award contract to Madonna Construction for Specification No. 96 -05E, reject bids received for Specification 96 -05C, and direct staff to re- evaluate the project; motion carried (5 -0). 1 Al. FEDERAL GRANT ADVISORY BOARD (File No. 1102) Council considered of appointments to the Local Law Enforcement Block Grants Program Advisory Board for the City of San Luis Obispo. City Council Meeting Page 3 Tuesday, November 19, 1996 - 7:00 p.m. Moved by Romero/Roalman to adopt Resolution No. 8604 appointing Capt. Cliff Chelquist, Chief Deputy District Attorney Gerald Shea, Juvenile Justice Commissioner Jim Brabeck, Asst. Superintendent Rory Livingston, and Frank Warren, Friday Night Live, to the Local Law Enforcement Advisory Board; motion carried (5 -0). COUNCIL LIAISON REPORTS LR7. Council Member Dave Romero presented a report on a briefing he attended regarding an analysis of the downstream flow effects on the Salinas Reservoir. PUBLIC HEARINGS 1. TRANSIT FARE INCREASES (File No. 541) Council held a public hearing to consider increasing SLO Transit fares effective January 1, 1997 as follows: Raise regular cash fare from $0.50 to $0.75; raise monthly pass price from $16.00 to $24.00; raise cash fare for seniors, disabled riders and Medicare recipients from $0.25 to $0.35; and raise monthly senior pass price from $2.50 to $7.50. Mike McCLuskey. Public Works Director, presented the staff report, stating that this item addresses the need to fund a deficit that will occur if fares are not increased. He presented analysis of a comparison of fares of other cities. He explained that without the increase it would be impossible maintain the present service levels. Mayor Settle opened the public hearing. Bill Storm, 3057 S. Higuera Street, #96, stated that the increase to the Senior fares is too high, and suggested $5.00 would be more reasonable. Dan Heron, Senior Transportation Planner for SLOCOG, spoke in support of the fare increases to protect the present service levels. Pat Veesart, SLO, stated that the fare increases may be a good idea, but that the Council should be wary of decreasing ridership. Brett Cross, 17 Mariners Cove, stated that Cal Poly should be required to encourage bus ridership by their students. Mayor Settle closed the public hearing. After discussion, moved by Smith/Williams to adopt Resolution No. 8600 enacting fare increases effective January 1, 1997; motion carried (5 -0). Moved by Smith/Williams to cancel the TDA portion of Bus Maintenance Yard Expansion project; and, save $60,000 in TDA funds by modifying the Bus Acquisition project to purchase two buses instead of three, or other capital projects using TDA funds; motion carried (5 -0). 2. APPEAL - TREE REMOVAL (File No. 40 7) Council held a public hearing to consider an appeal by N. Brooks and Cherie Smith of a Tree Committee decision approving a request to remove two large eucalyptus trees located at 1951 Monterey Street; Jerry Holland, applicant. City Council Meeting Page 4 Tuesday, November 19, 1996 - 7:00 p.m. Mike McCluskev, Public Works Director, presented the staff report recommending denial of the ' appeal. Mayor Settle opened the public hearing. The appellant was not present to speak to the matter. Jerry Holland, owner of the subject property, stated that he is available to answer questions. Mayor Settle closed the public hearing. After discussion, moved by Romero/Williams to adopt Resolution No. 8601 upholding the Tree Committee decision to allow removal; motion carried (5 -0). 3. STREETLIGHT ACQUISITION (File No. 95 -35) Council held a public hearing to consider adopting a Resolution of Necessity to acquire streetlights by eminent domain from PG &E. Mike McCluskev, Public Works Director, presented the staff report, recommending that Council direct staff to move ahead with the resolution of necessity and direct staff to negotiate and, only if negotiations have not borne fruit by January 3rd, move ahead with eminent domain procedures. Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing. After discussion, moved by Romero /Smith to adopt Resolution No.8602, by a two -thirds vote, declaring that public interest and necessity require acquisition of streetlights owned by PG &E and direct the City Attorney to start eminent domain proceedings to acquire the streetlights if negotiations have not borne fruit by January 3, 1997; motion carried (5 -0). Moved by Romero /Smith to authorize a half -time regular electrician for the signal and light maintenance program contingent on a court order for immediate possession; motion carried (5 -0). 4. APPEAL - BIA BOARD (File No. 407) Council held a public hearing to consider an appeal by Jeff Mahan of a BIA Board decision to deny a permit for a business outside of the established BIA district to sell at Thursday Night Activities; Judy David, applicant. Mayor Settle opened the public hearing. Judy David, appellant, 624 B South Ocean Ave., Cayucos, stated that the denial by the BIA violates her right to a livelihood under the California Constitution and the US Constitution. Pete Eberle. BIA, stated that the Farmers Market is an activity coordinated through the BIA for downtown area businesses, and that other businesses may participate if the BIA determines that they are non -competing with any downtown establishments. He stated that Ms. David's business is a direct competitor, as the items she sells are nearly identical to those sold by many downtown merchants. Judy David stated that it is illegal to refuse her application. Mayor Settle closed the public hearing. City Council Meeting Page 5 Tuesday, November 19, 1996 - 7:00 p.m. Jeffrey Jorgensen, City Attorney, stated that the BIA had tried to compromise with the appellants. He stated that Farmers Market is the granting of an encroachment permit to the BIA for the ' promotion downtown businesses and the BIA has the authority to set up rules for that activity. After discussion, moved by Williams /Smith to adopt Resolution No. 8603 denying the appeal and upholding the BIA Board action; motion carried (5 -0). 5. ZONING MAP AMENDMENT (File No. 463) Council held a public hearing to consider a zoning map amendment from Tourist Commercial (C -T) to Retail Commercial (C-R) for a lot on the westerly comer of Monterey and California Streets (1480 Monterey); Harry Kaplan, applicant. Arnold Jonas, Community Development Director, presented the staff report, explaining the details of the zoning amendment and the special considerations that were being recommended. Mayor Settle opened the public hearing. Michael Dinshaw, 1473 Monterey Street, spoke in support of the amendment, only if the special considerations are attached to the amendment. Ann Dinshaw, 1473 Monterey Street, spoke in support of the amendment with the special consideration. Joe Gouin, applicant, stated that he felt it would be difficult to gain approval for any project if the special considerations attached to the zoning. Mayor Settle closed the public hearing. , After discussion, moved by SmithlWilliams to 1) approve Negative Declaration, with mitigation, of Environmental Impact; and, 2) introduce Ordinance No. 1314 to print amending the zoning map from Tourist Commercial (C -T) to Retail Commercial, with Special Considerations (C -R-S); motion carried (5 -0). 6. CONDOMINIUM CONVERSION REGULATIONS (File No. 423) Council held a public hearing to consider amending Chapter 17.82 of the Municipal Code to require affordable housing in connection with condominium conversions, and to allow the Community Development Director to waive the solar water heating requirement for condominiums when equivalent energy savings are demonstrated. Arnold Jonas, Community Development Director, presented the staff report, stating that this proposal attempts to uphold the housing element requirement to guarantee permanent affordability in the conversion process. Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing. After discussion, moved by Roalman/Smith to introduce Ordinance No. 1315 to print amending Chapter 17.82 of the Municipal Code; motion carried (3 -2, Romero, Williams opposed). COMMUNICATIONS Comm1. Mayor Settle stated that he has a request from a citizen to place the issue of leaf blowers on a Council agenda. There was consensus among three Council Members to place the item on a future agenda. 1 LJ 11 City Council Meeting Page 6 Tuesday, November 19, 1996 - 7:00 p.m. Comm2. Vice Mayor Dodie Williams stated that she attended Alice Lowe's urban landscape design seminar, and that itwas very informative. Comm3. John Dunn, CAD, announced that there would be a meeting regarding proposed Cal Poly sports fields on Thursday at 7:00 p.m. at the Monday Club. BUSINESS ITEMS 7. ZONING REGULATIONS AMENDMENTS (File No. 463) Council considered amendments to various section of the Zoning Regulations in order to implement policies of the 1994 Land Use Element of the General Plan (TA 79 -96). (Continued from 9/17196 and 10/1196.) Arnold Jonas, Community Development Director, presented the staff report, recommending that Council refer the matter back to staff to set a new public hearing Mayor Settle opened the public hearing, and having no requests. to speak, closed the public hearing. There was discussion among the Council that, in its present form, the ordinance does not accomplish the goal of making planning policies less cumbersome. There was consensus among Council Members that several issues contained in Ordinance No. 1310, including height limitations, should be re- evaluated at a subsequent hearing. After discussion, moved by Smith/Williams to direct staff to schedule a new public hearing before the Council on January 21, 1997 in order to re- introduce Ordinance No. 1310, amending various sections of the Zoning Regulations; motion carried (5-0). There being no further business to come before the. City Council, Mayor Settle adjourned the meeting at 9:30 p.m. to Sunday, December 1, 1996, at 12:30 p.m. in the Library Conference Room, 955 Palm Street. APPROVED BY COUNCIL: 1213196 BG:dr �� IX/. W // �� MINUTES STUDY SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 19 1996 - 5:30 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, Mike McCluskey; Public Works Director, John Moss, Utilities Director, Bob Neumann, Fire Chief, Jim Gardiner, Police Chief; Dave Pierce, Water Projects Manager STUDY SESSION SS1. WATER REUSE PLAN (File No. 517) Council considered the Water Reuse Implementation Plan which will provide the distribution facilities to reuse approximately one -third of the tertiary reclaimed water produced by the City's Water Reclamation Facility. John Moss, Utilities Director, introduced the staff report and gave a brief outline of the program to implement the water reuse plan. Dave Pierce, Water Projects Manager, presented details of the water reuse project and the current status of its implementation. He reviewed the links of the project to current City policies and goals and the established priorities for use of reclaimed water, as well as specific uses. He stated that a significant modification will be the separation of water systems at each site where reclaimed water will be used. He outlined the costs of the project, differentiating between a one phase versus a phased in plan or a pay as you go plan. He reviewed the project schedule, stating that the goal would be to begin delivering reclaimed water in the Summer of 1999. In answer to questions of Council Members, John Moss'explained that there is a 4 1/2 % rate increase scheduled for the next two years, but that includes items other than the reuse project. He emphasized that it is important to look at the overall costs for the project rather than individual components. - Mayor Settle opened the meeting to the public. Rob Strong, DeVaul Ranch, spoke in support of the project and asked Council expedite it. Bill Thoma spoke on behalf of the Chamber of Commerce in support of the project, stating that this is a wise use of a resource. Mayor Settle returned discussion to the Council. Council Members concurred that the use of the reclaimed water should be on a voluntary basis. There being no further business to come before the City Council, Mayor Settle adjourned the Study Session at 6:35 p.m. to the Regular City Council Meeting, Tuesday, November 19, 1996, at 7:00 p.m. in the Library Community Room, 955 Palm Street. APPROVED BY COUNCIL: 12/3/96 BG:dr onnie L. Gawf, ' CI 1 i