HomeMy WebLinkAbout10/06/1998CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 6,1998- 6:15 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dodie Williams, Ken Schwartz, Vice Mayor
Dave Romero, and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer, Neil
Havlik, Natural Resources Manager
The City Council held a closed session to discuss the following issues:
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation, Claim of Lee Govette - Pursuant to
Government Code Section 54956.9
CONFERENCE REGARDING PROPERTY NEGOTIATIONS - Pursuant to Government Code Section
54956.8.
Property: (1) Morganti Ranch Property at Los Osos Valley RdJFoothill Blvd.
(2) Filipponi Property on South Higuera Street.
Negotiating City of San Luis Obispo
Parties: Neil Havlik
Property Owner (1) Rosalind Hansen
Representatives: (2) Herbert Filipponi and JoAnn Denbow
Negotiation: Whether to Negotiate /Acquire
At 7:00 p.m., Mayor Settle declared a recess to convene in opeYrice,CMC.
it Chambers,
where a public report of the action taken in closed session was t
City Clerk
APPROVED BY COUNCIL: 10120198
� LP:dr
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 6,1998 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Ken Schwartz, Bill Roalman, Dodie Williams, Vice
Mayor Vice Mayor Romero, and Mayor Allen K. Settle
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; Bill Statler, Finance Director; Jim Gardiner, Police Chief;
Paul LeSage, Parks and Recreation Director; Wendy George,
Assistant to the City Administrative Officer; and Ron Whisenand,
Development Review Manager
PRESENTATIONS
Presentation was made of a proclamation for the First Anniversary of the Prado Day Center
to Linda Jackson, Peter Terhune, and Viv Dilts with the Interfaith Coalition for the
Homeless.
Presentation was made of a proclamation for Sexual Assault Awareness Day to Victor
Glover and Daryl McChristian of the Phi Beta Sigma Fraternity.
Presentation was made of a proclamation for SAVE Today for Tomorrow to Olga Harway,
Cynthia Singer and Barbara Jorgensen.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen announced closed session items as follows: Item #1: Council
authorized settlement terms, which are undisclosed, with settlement discussions on -going.
Item # 2: Council authorized further negotiations for acquisition of real property.
PUBLIC COMMENT
PC1. Ray Belknap announced festivities planned for "Creek Day" in Mission Plaza
Saturday, October 101 from 9 a.m. until 1 p.m.
PC2. Brett Cross voiced concerns regarding the number of news racks in the downtown.
CAO Dunn indicated that staff is addressing this issue.
i.
City Council Meeting Page 2
Tuesday, October 6,1998 - 7:00 p.m.
CONSENT AGENDA
ACTION: Moved by Williams/Roalman to approve the consent agenda as
recommended by the City Administrative Officer, motion carried (5-0).
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, September 8,1998 @ 7:00 p.m.
Tuesday, September 15, 1998 @ 6:30 p.m.
Tuesday, September 15, 1998 @ 7:00 p.m.
ACTION: Moved by Williams/Roalman to waive oral reading and approve minutes as
submitted; motion carried (5-0).
C2. REQUEST FOR PROPOSAL— MOBILE VIDEO SYSTEM (File No. 704-06)
Council considered a request for proposals for the Mobile Video System.
ACTION: Moved by Williams/Roalman to authorize request for proposals (RFP) for a
Police Mobile Video System and authorize contract award by the City Administrative
Officer if the lowest responsible bid is within the cost estimate of $89,000; motion
carried (54).
C3. COMMERCIAL LOADING ZONES (File No. 804 -01)
Council considered giving final passage to Ordinance No. 1343 amending Municipal Code
Sections 10.44.020 and 10.44.030 (Yellow Loading Zone -Time Restriction for Loading and
Unloading) to allow commercial loading zone permits to authorized passenger vehicles.
(Introduced 8/15198).
ACTION: Moved by Williams /Roalman to grant final passage to Ordinance No. 1343;
motion carried (5-0).
C4. FIRE UNION SALARY ISSUES (File No. 508 -01)
Council considered increases to salaries and City's health insurance benefit for members of
the International Association of Firefighters, Local 3523.
ACTION: Moved by Williams/Roalman to adopt Resolution No. 8855 increasing the
salaries of members of the Association by 3% effective July 1, 1997, and 3%
effective July 1, 1998, and retroactively increasing the City's Health Insurance
benefit from $415 to $420 per month effective July 1, 1997; motion carried (5-0).
C5. UTILITY CHEMICAL BIDS (File No. 704-06)
Council considered Utility Chemical Bids for 199912000.
ACTION: Moved by Williams/Roalman to approve bid package for 1999 -2000 Water
Treatment Plant and Water Reclamation Facility chemicals; authorize staff to solicit
bids; authorize CAO to award the contract to lowest responsible bidder(s) if bid is
City Council Meeting
Tuesday, October 6,1998 - 7:00 p.m.
Page 3
within the staff cost estimate of $372,500; and, authorize CAD to extend contract for
an additional year if chemical cost increases are within cost of living increase;
motion carried (5 -0).
C6. STENNER CREEK CANYON LEASE AGREEMENT (File No. 704 -06)
Council considered a lease agreement for City-owned property in Stenner Creek Canyon.
ACTION: Moved by wlliams/Roalman to approve lease agreement with Ken Glick
for City -owned property in Stenner Creek Canyon for the period September 1, 1998
to August 31,1999; motion tamed (5 -0).
COUNCIL.LIAISON REPORTS
CLR1. Vice Mayor Romero reported on his attendance at the League of California Cities
Conference. He noted that the programs, flag ceremony, keynote speakers and
activities were outstanding and announced that he had taken office as the President
of the Channel Counties Division of the League. Director of Personnel Ann Slate, he
added, was installed as the President of the Personnel Department of the League.
CLR2. Mayor Settle also reported on his attendance at the League Conference and
commented that an ongoing challenge to cities is Sacramento's taking of municipal
revenue sources (ie: VLF, ERAF). The League continues to oppose such measures.
CLR3. Council Member Schwartz shared concerns relative to potential laws regarding sales
tax revenues as a result of electronic sales.
PUBLIC HEARING
APPEAL — MISSION SCHOOL FIELD LIGHTING PROJECT (File No. 201 -11)
Council held a public hearing to consider an appeal by James Caruso of the Planning
Commission's action adopting a Mitigated Negative Declaration of environmental impact and
approving a Use Permit application (U110 -98" request to expand the use of the existing
sports fields by installing lights for night time activities at Mission College Prep High School,
682 Palm Street; Robert Bruington, applicant
Community Development Director Jonas provided the staff report and distributed the revised
resolution outlining conditions as modified by suggestions proposed by Council Member
Schwartz.
Mayor Settle opened the public hearing.
James Caruso, appellant, spoke to the merits of the appeal and argued in favor of certain
condition regarding the lighting, if Council takes action to approve the use permit
Robert Bruington speaking on behalf of the applicant, agreed to the conditions set forth in
the amended resolution. He noted, however, that the lights cannot be tested within the first
100 hours per the terms of the manufacturer's guarantee, but emphasized that after that
duration, the lights will be gauged and adjusted, as necessary. Community Development
Director Jonas suggested that the applicant consider turning the lights on during the day to
begin and speed up the 100 hour aging process. The applicant concurred with this
recommendation. In response to Council inquiry regarding the maintenance of the grounds,
City Council Meeting Page 4
Tuesday, October 6, 1998 - 7:00 p.m. 'r'
the applicant reported that the School is currently, and will continue, maintaining the field.
Staff pointed out that the conditions set forth in the .4 diolution address the issue of
maintenance.
Mayor Settle closed the public hearing.
Council discussion followed. Council Member Roalman voiced concerns regarding noise and
parking. Vice Mayor Romero suggested an additional condition which would require a review
of the use permit within six months to assess lighting, noise and parking impacts on the
adjoining residential areas. Mayor Settle suggested that the review be in one year. By
mutual consent, staff was directed to add Condition #8 requiring a review by staff of the use
permit in one year.
ACTION: Moved by Williams/Settle to adopt Resolution No. 8856, as amended,
denying the appeal and upholding the Planning Commission's action; motion
tamed (4-1; Roalman).
COMMUNICATIONS
Comm1. Council Member Williams commented that the Inclusionary Housing Ad Hoc
Committee has asked for an extension of one more month to present a report to the Council
and recommended that the present Council receive said report before the election. Council
Member Roalman agreed and requested that staff bring the matter back to the Council at the
first meeting in November.
BUSINESS ITEMS
2. SIGN AMORTIZATION & ABATEMENT PROGRAM (File No. 201 -03)
Council considered a report on the sign amortization and abatement program and of adopting
a resolution directing staff to correct non -conforming signs as updates are proposed. Ron
Whisenand, Development Review Manager, provided the detailed report and answered
questions from the Council. Vice Mayor Romero commented that he would like to see staff
seek enforcement on true violations of the Code.
Mayor Settle opened the meeting for public comment. There was none.
Mayor Settle returned discussion to the dais.
Council Member Schwartz summarized his memo to Council dated October 6, 1998
recommending that action be deferred and direction given to staff to seek voluntarily
compliance through personalized correspondence.
ACTION. Moved by SchwartzlRoalman to defer action and give direction to staff to
formulate a letter to be send to the owner of each non - conforming sign requesting
voluntary compliance; motion passed (5 -0).
1
City Council Meeting Page 5
Tuesday, October 6, 1998 - 7:00 p.m.
3. PARADE AND SPECIAL EVENTS POLICY AND PROCEDURES (File No. 110401)
Council considered a Parade and Special Events Ordinance, fee resolution and procedures.
An in -depth staff report was given by CAD Dunn, Assistant to CAO Wendy George and
Director of Parks & Recreation Paul LeSaae. In addition, it was noted that this matter was
not properly noticed and staff was, therefore, recommending that the public be allowed to
speak but that any formal action be continued to the next meeting.
Mayor Settle opened the meeting for public comment.
Mystic Krewe of Karnival Directors Steve Devencenzi, Allan Root and Christina Green
voiced concerns regarding the cost recovery provisions of the proposed fee resolution as it
relates to the Mardi Gras event
George Suchand questioned the fairness of costs for City services as it relates to Mardi
Gras and Farmers Market. He commented that, in his opinion, Farmers Market gets special
treatment
Jason Berg, President of the SLO Police Officers Association, spoke in support of the staff
recommendations and stated that special events affect the normal deployment of police
officers.
Dan Wai Cal Poly Cycling Club, voiced support for the ordinance and accompanying
policies, but took issue with cost recovery provisions in the proposed fee resolution.
Paul Brown shared concern that language such as, "up for negotiation ", in the fee 1
resolution is too open. He suggested that the Council adopt consistent fees for all events.
Don Pimentel commented that Mardi Gras is such a valuable event to the City and
suggested that the City should support it financially.
Lesa Silva remarked that the fee schedule is ambiguous.
Mayor Settle closed the public hearing and called a recess at 9:27 p.m. At 9:35 p.m. the
meeting resumed with Council discussion. Chief of Police Gardiner responded to
questions regarding police services and clarified that no Police Department overtime has
been charged to Mardi Gras. He noted that additional law enforcement costs have been
charged for mutual aid services from the County Sheriffs Department.
Individual Council comments followed. Vice Mayor Romero spoke in favor of the ordinance
but suggested that staff develop a formula for determining the percentage of costs paid for
City services for major special events. Council Member Williams commented in support of
the ordinance and policy, but added that she would not object to refining the cost recovery
resolution. Council Member Schwartz stated that it was important to codify the policy and
consider the reasonableness of establishing fees.
CAD Dunn suggested a cap of $10,000 per year for three years for Mardi Gras. He proposed
that the three -year period would give the event three years to stabilize and provide them
with an opportunity to apply for grants. Steve Devencenzi, speaking on behalf of the Mystic
Krewe and at the request of the Mayor, stated that the suggestion made by the CAO is a
reasonable one and added that he would like to have the opportunity to work out the details
with staff. Vice Mayor Romero emphasized that the three -year cap should be for all major
events, not just Mardi Gras. Council Member Williams agreed.
City Council Meeting Page 6
Tuesday, October 6, 1998 - 7:00 p.m.
ACTION: Moved by Romero/Williams, Council conceptually approved, and directed
staff to bring back in two weeks, the following: 1) Introduction of Ordinance No.
1344 relating to parades and special events within the City; 2) the fee resolution, as
amended to include a $10,000 cap for all major events for a three -year period; and,
3) the policy implementing procedures (5 -0).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:12 p.m. to Tuesday, October 20,1998 at 7:00 p.m. in the Co mber, 990
Palm Street, San Luis Obispo. /
APPROVED BY COUNCIL: 10/20/98 �
LP:dr / I �_��
Lee - Price, C.M.C.
City Clerk
1
9'l