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Home My WebLink About03/03/1998CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,. MARCH 3,1998- 6:30 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, and Mayor Allen Settle City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ann Slate, Personnel Director; John Moss, Director of Utilities; Cindy Clemens, Assistant City Attorney City Council held a closed session to discuss the following issue: CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Pursuant to Government Code § 54956.9 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber, where 1 a public report of the action taken in closed session was to be given. ¢o L. G , Ci Cier APPROVED BY COUNCIL: 3117198 G/ nnie BLG:dr 1 MINUTES REGULAR MEETING OF THE . CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 3, 1998 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, and Mayor Allen K. 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; Jim Gardiner, Police Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Neil Havlik, Natural Resources Manager; Jeff Hook, Associate Planner 1 PRESENTATIONS Pres1. Mayor Settle presented a proclamation to Joey Hughes of the Camp Fire organization declaring March 19,1998, "Absolutely Incredible Kid Day." Pres1. Mayor Settle noted that a previously scheduled presentation by the Chamber of Commerce: "Our Vision of San Luis Obispo's Economic Future" will be rescheduled to a meeting planned for March 181' at the Chamber's request. CLOSED SESSION ANNOUNCEMENT City Attorney Jorgensen announced that the Council held a closed session regarding existing litigation in the matter of John Schmidt v. City of San Luis Obispo and that further details will not be disclosed at this time as the litigation is ongoing. PUBLIC COMMENT PC7. Jim Arndt, 1080 Bluebell Way, stated that his home has solar assisted water heating which he does not want to keep operational. He asked Council initiate changes to the ordinance which requires that this system remain operational. He further commented on the Energy Conservation Element of the General Plan, stating that he would like to see reports regarding progress that has been made toward goals since they were set in. Council referred the matters to staff, and noted that the Energy Conservation Element is due to be updated. ' PC2. Brett Cross, 1217 Mariners Cove, urged Council to reconsider the increase in charges for overnight parking down town, as they are prescribed in agenda item C2. City Council Meeting Tuesday, March 3, 1998 - 7:00 p.m. Page 2 CONSENT AGENDA Moved by Romero/Smith to approve the consent agenda; Mayor Settle noted that he is opposed to raising the fines for over night parking in the down town, and Council Members agreed to have that item removed from the consent agenda; motion amended to include on items C1 and C3 through C5; motion carried (5 -0). Public Works Director McCluskev gave a brief review of the parking fine increases for over night parking. After discussion Smith / Roalman moved approval of C2; motion carved (4-1, Settle voting no). C1. COUNCIL MINUTES Council considered the minutes of: Tuesday, February 17,1998 at 6:30 p.m., and Tuesday, February 17, 1998 at 7:00 p.m. Moved by Romero/Smith to waive oral reading and approve minutes as amended; motion carried (5 -0). C2. PARKING FINE INCREASES (File No. 554) Council considered giving final passage to an ordinance amending portions of Chapter 10.08 of the San Luis Obispo Municipal Code, "Vehicles and Traffic: Administration" Moved by Smith /Roatman to give final passage to Ordinance No. 1331; motion carried (4 -1, Settle opposed). C3. APPLICATION FOR GRANT FUNDS (File No. 487) Council considered an application for grant monies in the amount of $7,500 from the National Recreational Trails Fund Act Program administered by the California Department of Parks and Recreation. Moved by Romero/Smith to adopt Resolution No. 8768 authorizing staff to complete and submit application; motion carried (5-0). C4. FUNDING FOR TREE REMOVAL (File No. 505) Council considered the transfer of $22,600 from General Fund unappropriated fund balance to the Golf Course Fund to provide for the removal of diseased and dying trees at Laguna Lake Golf Course. Moved by Romero/Smith to approve fund transfer for removal of trees; motion carried (5 -0). C5. CRUISE TOURISM ACT OF 1997 (File No.) Council considered a request from the Port San Luis Harbor District for City support of the 1 United States Cruise Tourism Act of 1997. City Council Meeting Page 3 Tuesday, March 3,1998 - 7:00 p.m. Moved by RomerolSmith to adopt Resolution No. 8769 supporting the Cruise Tourism Act of 1997; motion carried (54). - COUNCIL LIAISON REPORTS CLR1. Council Member Williams presented a report on the First Night planning activities for next New Year's Eve in San Luis Obispo. She further reported that she attended the Board of Directors meeting of the EVC and stated that a Technology Task Force has been established to work toward goals identified in the Targeted Industry Study. She further reported that EVC is actively working with businesses to help them locate in the area. CLR2. Vice Mayor Smith reported on the Aids Awareness Event where she presented the Key to the City to Miss America, who spoke on aids awareness. She stated that she attended a meeting of the SCLC, where events such as Cal Poly's Good Neighbor Day and Cuesta's Black History Week and Women's Week were discussed. She also reported on the Performing Arts Center meeting where the utilization of the facility was discussed. CLR3. Mayor Settle said he had the privilege of representing San Luis Obispo at the recent multi- cultural forum. Mayor Settle noted for the record that Item 5 will be continued to on or about April 216'. APPOINTMENTS Al. JOINT RECREATIONAL USE OF SCHOOL DISTRICT PROPERTY COMMITTEE (File No. 123) Council considered appointments to fill two vacancies on the Joint Recreational Use Committee. Moved by Roalman/Williams to reappoint Richard Kriet to a four -year term expiring 3131/2002, and reappoint Steve Sales to a three -year term expiring 3/31/2001; motion carried (5 -0). A2. CULTURAL HERITAGE COMMITTEE (File No. 123) Council considered appointments to fill two vacancies on the Cultural Heritage Committee. Moved by Williams /Settle to reappoint Amy Kardel and Robert Pavlik to four -year terms expiring 3/3112002; motion carried (5 -0). PUBLIC HEARINGS 1. OPEN SPACE ORDINANCE (File No. 487) Council held a public hearing to consider establishing rules governing the use of City open space lands. Natural Resources Manager Havlik presented the staff report. Parks and Recreation Director LeSage answered questions regarding the issuance of citations. City Council Meeting Tuesday, March 3, 1998 - 7:00 p.m. Mayor Settle opened the public hearing. Page 4 Michael Johnson. SLO, congratulated those involved in writing the ordinance, stating that he is in agreement with the recommendations. He said he appreciates the open space in San Luis Obispo, thanked the City Council and noted that he would like to see additional trees planted. Mayor Settle closed the public hearing. After discussion, moved by Roalman /Smith to introduce to print Ordinance No. 1332 governing the use of open space lands; motion carried (5 -0). 2. SIDEWALK INSTALLATION (File No. 533) Mayor Settle noted that any action regarding protests to sidewalk installation as required by the 1911 Act would be continued. City Attorney Jorgensen noted that the item would be continued to allow further analysis of the 1911 Act under proposition 218 to see how to proceed. He stated that the 1911 Act is an unusual type of assessment district and that there are not many cities in California who use the 1911 Act. Public Works Director McCluskev emphasized the uniqueness of the 1911 Act assessment. He recommended that preliminary research be done, and staff could design an incentive based program for sidewalk installation. Mayor Settle opened the public hearing. Doug Littleiohn. SLO, asked when staff knew that there was a problem with respect to Prop 218, and stated that he had spent much time before being noticed that he may not need to make this improvement. He also had specific concerns regarding the retrofit of his driveway Donna Gain, SLO, asked that her property be excluded from the program. Mayor Settle closed the public hearing. After discussion, moved by SmithWilliams 1) to direct staff to do preliminary investigation into the effects of Proposition 218 on City Sidewalk installation programs (1911 Act and S.L.O. M.C. Chapter 12 - public need and necessity and report back to Council on findings; and 2) should the findings indicate severe impacts to proceeding with the current programs, staff is directed to prepare alternative programs (such as an incentive based program) for Council consideration; motion carried (5 -0). COMMUNICATIONS Comm1. Vice Mayor Smith stated that she would like for City Council Members to go to a Leadership Alumni m:_ting directly before advisory body recruitments begin and encourage members of that group to apply. Council Member Roalman also asked to include the Sierra Club, ECOSLO and other organizations as well. Council Members agreed with the concept. 1 1 1 r-7 1 City Council Meeting Page 5 Tuesday, March 3,1998 - 7:00 p.m. Comm2. Council Member Williams asked if Council is.willing to meet on March 18'h at 11:30 a.m. to hear a presentation regarding the status of the University Research Park, as well as a presentation by the Chamber regarding "Our Vision of San Luis Obispo's Economic Future." Council Members agreed. Council Member Williams announced that she has graduated from CERT and highly recommends the program. BUSINESS ITEMS 3. CAMPAIGN ELECTION REGULATIONS (File No. 323) Council considered minor amendments to the City's Campaign Election Regulations. Chair Robert Griffin presented the staff report. Mayor Settle opened the meeting for public comment, and having no on requesting to speak returned discussion to the Council. After discussion, moved by Romero /Roalman to introduce to print Ordinance No. 1333 amending the Election Campaign Regulations as recommended by the Campaign Regulations Committee; motion carried (5 -0). 4. DOWNTOWN TRANSFER CENTER - OSOS STREET (File No. 549) Council considered a report on the Downtown Transfer Center, approval of a Negative Declaration of Environmental Impact, and authorizing staff to negotiate a Downtown Transfer Site Design Services Contract. Public Works Director McCluskey presented the staff report. He reviewed several alternatives for Council's consideration. He noted there will not be a significant increase in noise. Mayor Settle opened the meeting for public comment. Dave Dubbink. 864 Osos, Suite D, presented Council with a letter from Jan Howell Marx and noted that Ms. Howell Marx is pleased that the parking is retained in the recommendation, and said that she prefers Attachment 5 because the buses are parked parallel. He further stated that he has performed a noise analysis. He reviewed the findings of his study and asked council to mitigate the excess noise that already exists. He said that installing double paned windows and caulking would likely be a sufficient mitigation. Mayor Settle returned discussion to the Council. After further discussion, moved by Smith /Roalman to 1) adopt Resolution No. 8770 approving the Negative Declaration of Environmental Impact (ER 167 -97); 2) receive report and endorse Attachment 6 and direct staff to add as a condition to mitigate the noise by analysis of the buses to insure they already have the best noise control on the buses, or installing double paned windows or both and, 3) authorize staff to negotiate a contract with Wilbur Smith Associates /Rademaker Design to analyze the approved concept, and prepare design and construction documents for the Downtown Transfer Site in an amount not to exceed $46,000; motion carried (3 -2, Romero, Williams voting no). City Council Meeting Tuesday, March 3,1998 - 7:00 p.m. Page 6 S. TRANSFER OF CABLE FRANCHISE (File No. 143) Request for transfer of cable television franchise from Sonic Cable Television of San Luis Obispo to Charter Communications Properties LLC. This item was continued to a future meeting on or about April 21, 1998. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 9:45 p.m. to Thursday, March 5, 1998 at 11:30 a.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 3/17198 BG:dr nie L Gawf Clerk MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, MARCH 5, 1998 -11:30 A.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, and Mayor Allen K. 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 Moss, Utilities Director; Mike McCluskey, Public Works Director; Diane Sheeley, Economic Development Manager. . PUBLIC COMMENT None. COMMUNICATIONS None. 1