HomeMy WebLinkAbout10/22/1996City Council Meeting Page 6
Tuesday, October 1, 1996 - 7:00 p.m.
Mayor Settle closed the public hearing.
After considerable discussion, moved by Williams /Roalman to adopt Resolution No 8587 authorizing
acquisition of the Maino property and authorizing the Mayor to execute an agreement, subject to non -
substantive changes approved by the City Attorney for property acquisition; motion carried (4 -1,
Romero opposed)
Council discussion ensued regarding the purchase of an easement on the Guidetti property.
Moved by Roalman/Smith adopt Resolution No 8588 authorizing acquisition of an open space
easement on the Guidetti property and authorizing the Mayor to execute an agreement, subject to non -
substantive changes approved by the City Attorney for property acquisition; motion carried (3 -2,
Romero, Williams opposed)
3. HISTORY PROPERTY TAX INCENTIVE PROGRAM (File No. 457)
Council Member Smith stepped down from the dias due to a potential conflict of interest.
Council considered a citizens' request to reconsider establishing an Historic Property Tax Incentive
Program.
Arnold Jonas, Community Development Director presented the staff report, giving a history of past
actions regarding the program.
' Jeff Hook, Associate Planner, presented details of the program and explained the Mills Act.
Mayor Settle opened the meeting for public comment.
Dick Frank, County Assessor, spoke in opposition to the Mills Act proposal due to the costliness of
the program. He clarified items that would be affected if Council passes the resolution. He also asked
that if the program is adopted, the Council charge a fee to cover the County's increased costs.
The following individuals spoke in favor of the Historic Property Tax Incentive and urged Council to
support it:
Bob Schrage historic property owner; Randy LeVack. 670 Islay St. (Fitzpatrick House); Jay Elder, 463
Islay (Fumigalli House); Robert Vessely, member of the Chamber seismic task force; Steve McMasters,
750 Chorro #12, member of CHC; Al McVay, 979 Osos (Andrews Building); Helen Elder, 463 Islay;
Malcolm Carlaw, Islay; Andrew Merriam, former Planning Commissioner and owner of the Renetski
House on Broad Street; Astrid Gallagher, owner of three historic buildings on Santa Barbara Street;
Leo Pinard, 714 Buchon Street; Bill Walter, 1504 Broad Street; Dan Krieger. 662 Islay; Dan Smith, 1212
Garden Street.
Mayor Settle returned discussion to the Council.
After discussion, moved by Williams /Roalman adopt Resolution No. 8589 establishing a one -year pilot
program of the Historic Tax Incentive Program, limiting the maximum number of participants to 15
property owners, and authorizing the Mayor to send a letter to the San Luis Obispo County Assessor
. initiating the program, and directed staff to return to Council with language for the monitoring program
and for the agreements that will be presented to participants; motion carved 4-0-1, Smith abstaining).
-- COMMUNICATIONS
Comm 1. Council Member Romero asked Council if there was support for directing staff to report the
pros and cons on a curfew program.
City Council Meeting - Page 7
Tuesday, October 1, 1996 - 7:00 p.m.
Police Chief Gardiner stated that his staff reviews this issue on an ongoing basis, and stated that
their analysis indicates that at this point there is no need for a curfew. City Attorney Jorgensen
stated that a curfew requires a necessary balance between the need to curtail crime and people's
rights.
Council concurred that there is no immediate need to bring this issue before them, but that staff
should continue to monitor the situation and bring it forward if it becomes appropriate.
Comm 2. Council Member Roalman stated that the County Planning Commission is doing a final
review of County Area Plan and asked if other Council Members would like to have the County
Planning staff bring the final draft before the Council on October 22nd or as soon as it is available
for a presentation. Council concurred that such a presentation would be beneficial.
Communications
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 11:15 p.m. to Tuesday, October 22, 1996 at 7:00 p.m. in the Library Community Room,
995 Palm Street
APPROVED BY COUNCIL: 10/22196
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
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 Statler, 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. Larry 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.
PC6. 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.
PCB. 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 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.
PC16. 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 McCluskev. Public Works Director, gave a brief synopsis of the type of information that would
be presented at the December 10th meeting regarding Chorro Street.
City Council Meeting Page 3
Tuesday, October 22, 1996 - 7:00 p.m.
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
Council considered the minutes of:
Friday, September 27, 1996 at 9:00 A.M.; 1
Tuesday, October 1, 1996 at 7:00 P.M.
Moved by RomerolWilliams 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 -98 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 StJFoothill Blvd. Area).
Moved by RomeroWilliams to adopt Resolution No. 8590 granting utility easement; motion carried
(5 -0).
City Council Meeting Page 4
Tuesday, October 22, 1996 - 7:00 p.m.
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 Romero/Williams 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 -05)
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.
Eugene Jud. 750 Leff St, spoke in opposition to the removal of the building 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 RomeroWilliams to adopt Resolution No. 8592 declaring the building surplus and direct
staff to prepare a bid package and offer the building 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 El Capitan Annexation (850 El Capitan).
Moved by RomeroWitliams 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
LR7. 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
I the operating deficit. - - -_ - -� � - -�
PUBLIC HEARINGS
1. TRANSIT GRANT & PROGRAM OF PROJECTS (File No. 1151.1)
City Council Meeting Page 5
Tuesday, October 22, 1996 - 7:00 p.m.
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 McCluskev, Public Works Director, presented the staff report, stating that the TDA allocations
are increased this year because the economy of the State has improved.
Mavor 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).
Comm. 1. John Dunn, CAD, reported that P.G.B E.'s Morro Bay Power Plant is being placed
on the market for sale.
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 McCluskev, 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 CAD; 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 McCluskev 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 Hudibern 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.
City Council Meeting
Tuesday, October 22, 1996 - 7:00 p.m.
Page 6
Moved by Romerolwlliams to find,. pursuant. to Contract Code Section 4107.a.1, that the
subcontractor did not submit an acceptable written contract and to permit subcontractor
substitution; motion carried (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.
5. 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.
Lane Bactheldor presented some details of the program, emphasizing the importance of training
citizens how to respond to emergencies.
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 ofthe California Environmental Protection Agency
establish the City as a Participating Agency under the San Luis Obispo County Certified Unified
Program Agency (CUPA).
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' SmithANilliams 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
timely decisions 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 carved (5-0).
Mayor Settle adjourned the meeting at 9:40 p.m. to Closed Session in the Library Conference Room.
City Council Meeting
Tuesday, October 22, 1996 - 7:00 p.m.
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
Richard Bolanos
Employee Organization: San Luis Obispo Firefighters' Association
Mayor Settle reconvened in Open Session at 10:20 p.m.
Page 7
Jeff Jorgensen, City Attorney, announced that in the matter of the property negotiations, Council
authorized continued negotiations, but that no terms 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: 11119/96
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