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01/03/1995CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 3, 1995 - 6:30 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Government Code Section 54956.9) Name of Case: Los Osos Valley Assoc. v. City of San Luis Obispo Council discussion existing litigation with City Attorney Jeff Jorgensen. 7:00 PM Mayor Settl e declared a recess to open session in the Council Chambers; where a public report of the action taken in closed session would be given. APPROVED BY COUNCIL: Diane FjGladwell0 tly Clerk DRG:cm MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 3, 1995 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle Absent: None City Council Meeting ' Tuesday, January 3, 1995 - 7:00 p.m. Page 2 City Staff Present: John Dunn, City Administrative Officer; Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer; Mike McCluskey, Public Works Director; Arnold Jonas, Community Development Director, Bob Neumann, Fire Chief Jeff Jorgensen, City Attorney, reported that Council authorized staff to file a petition for review with the California State Supreme Court, or to seek de- publication of the Court of Appeal decision. PUBLIC COMMENT PERIOD P.C.I. Dean Wineman, Nipomo, spoke regarding State Water Project concerns (C -2). P.C.2. Gary Fowler, 777 Mill Street, spoke in opposition to bicycle lanes on major streets. P.C.3. Randall Allen. San Luis Obispo, spoke regarding the lack of jobs/low compensation in San Luis Obispo, and encouraged Council to promote industries. P.C.4. Phil Ashley, 1586 La Cita Court, urged Council not to give up easements for State Water Project (C -2). CONSENT AGENDA 1 Moved by Romero/Roalman to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C -2 as noted; motion carried (5-0). C -1 COUNCIL MINUTES Consideration of the minutes of: Tuesday, September 6,1994 at 7:00 p.m., Tuesday, September 13, 1994 at 6:30 p.m., Tuesday, September 20, 1994 at 7:00 p.m., Tuesday, October 4, 1994 at 7:00 p.m., Tuesday, October 18, 1994 at 8:30 a.m., and Tuesday, October 18, 1994 at 7:00 p.m. Moved by Romero /Roalman to waive oral reading and approve minutes as amended; motion carried (54)• C -2 REQUEST FOR EASEMENTS (File No. 169) Council was scheduled to consider a request by the State Department of Water Resources for easements necessary for the Coastal Branch of the State Water Project (continued from 12/13/94). This item was not considered; Council requested this be brought back after the supplement to the Environmental Impact Report is certified by the State. ' C-3 NACIMIENTO WATER SUPPLY PROJECT (File No. 511) City Council Meeting Tuesday, Janurary 3, 1995 - 7:00 p.m. Page 3 Council considered the revised Nacimiento Project Engineering Feasibility and Environmental Impact Report Reservation and Participation Agreement. Moved by Romero/Roalman to 1) approve revised Agreement No. A- 15- 94-CC; 2) appoint Dan Gilmore, Utilities Engineer, as the City's representative to the Nacimiento Participants Advisory Committee and John Moss, Utilities Director, as alternate; and 3) authorize the Mayor to execute the revised agreement; motion carried (5 -0). C-0 AMENDMENT TO SMOKING ORDINANCE (File No. 703) Council considered giving final passage to an ordinance amending the smoking ordinance to prohibit the smoking of tobacco products in all enclosed places of employment to the fullest extent permissible by law (continued from 12113194). Moved by Romero/Roalman to give final passage to Ordinance No. 1274; motion carried (5-0). C-5 FIRE STATION OFFSITE IMPROVEMENTS (File No. 92-04) Council considered amending the agreement with RRM Design for off -site improvements and signalization at the new Fire Station project located at 2160 Santa Barbara Street, at a cost of $19,400. 1 Moved by Romero/Roalman to authorize the Mayor to execute the amended agreement; motion carried (5-0). C-6 WATER TREATMENT PLANT MODIFICATIONS (File No. S -39M) Council considered the final project report for the Water Treatment Plant Modifications totaling $10,856,192.31, and appropriating $50,000 from water fund balance to complete the project close out. Moved by Romero/Roalman to 1) receive and file the final project report for the Water Treatment Plant Modifications totalling $10,856,192.31; and 2) approve the appropriation of $50,000 from the water fund balance; motion carried (5 -0). C -7 CHILDREN'S MUSEUM LEASE (File No. 857) Council considered a request from the Children's Museum to modify the agreement with the City and the museum to add a "mutual waver of subrogation" clause to the agreement, allowing both organizations to waive any rights to recover from each other losses resulting from property damage to the building at 1010 Nipomo Street Moved by Romero/Roalman to authorize the Mayor to execute the amended agreement; motion carried (5 -0). APPOINTMENTS A4 COUNCIL LIAISON SUBCOMMITTEE APPOINTMENTS Council considered Council Liaison Subcommittee appointments to the City Advisory Bodies and City Council Meeting Tuesday, January 3, 1995 - 7:00 p.m. Page 4 1 County/Regional Committees and Commissions. Council discussed adhering to the adopted rotation policy for all subcommittees. Moved by Williams /Romero to approve the Council Liaison Subcommittee appointments for one year to December 31, 1995; motion carried (5 -0). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. BUILDING CODE FEE SCHEDULE CORRECTIONS (File No. 109) Council held a public hearing to consider minor corrections to the 1994 building permit fee schedule as identified by the International Conference of Building Officials (Uniform Building Code Fee Schedule adopted on 9120194). Arnold Jonas. Community Development Director, reviewed the corrections. Mayor Settle declared the public hearing open. No one spoke for or against this item. 1 Mayor Settle declared the public hearing closed. Moved by Romero /Settle to adopt Resolution No. 8381 correcting the 1994 Uniform Building Code Fee Schedule; motion carried (5 -0). 2. TREE APPEAL - CREEKSIDE MOBILE HOME PARK (File No. 407) A public hearing was scheduled to consider an appeal by Pat Fleming of a Tree Committee decision to deny a request for removal of seven Italian Stone Pines at the Creekside Mobile Home Park on South Higuera Street (continued from 10104194). Council discussed the request from Pat Fleming to continue this item to January 17, 1995. Moved by Williams /Romero to continue this item to January 17,1995; motion carried (5-0). COMMUNICATIONS There were no Communications. BUSINESS ITEMS 3. SOLID WASTE FRANCHISE RENEWAL (File No. 142) Council considered a request by San Luis Garbage Company to begin franchise renewal 1 negotiations with the City. 1 City Council Meeting Tuesday, January 3, 1995 - 7:00 p.m. Page 5 John Moss. Utilities Director, summarized the options available to the Council. Steve Aslanidis. Nipomo, requested his company be allowed to bid on the recycling program. Council discussed the bidding process and separating recycling services. Moved by Roalman/Wlliams to direct staff to begin negotiations of terms for franchise renewal with San Luis Garbage Company, and to bring back a separate discussion on recycling options; motion carried (5-0). 7:50 PM there being no further business to come before the City Council, e adjourned the meeting to Tuesday, January 10, 1995 at 7:00 PM. !i APPROVED BY COUNCIL: �� /Dia Gladwe City Clerk DRG:cm / (--- MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 10, 1995 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer, Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer There were no Public Comments. PUBLIC COMMENT PERIOD CONSENT AGENDA Moved by Romero/Roalman to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5 -0). 1 C4 COUNCIL MINUTES