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HomeMy WebLinkAbout05/19/19981 CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 19,1998- 6:00 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present Council Members Bill Roalman, Dodie Williams, Vice Mayor Kathy Smith, and Mayor Allen Settle Absent: Council Member Dave Romero City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer, Ken Hampian, Assistant City Administrative Officer; Ann Slate, Personnel Director; John Moss, Utilities Director; Bill Statler, Finance Director, Paul LeSage, Parks and Recreation Director, Mike McCluskey, Public Works Director City Council held a closed session to discuss the following issues: CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code $ 54957.6 - San Luis Obispo Police Officers Association San Luis Obispo Police Staff Officers Association Agency Negotiator: Ann Slate Council gave instructions to negotiator. CONFERENCE WITH LEGAL COUNSEL -Pursuant to Government Code $ 54956.9 - Existing Litigation, Hysen/Secrest v. City of San Luis'Obispo Council "authorized settlement of existing litigation —the amount of the settlement is confidential as negotiations are in progress. CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code $ 54956.8 Property: Damon - Garcia Property Negotiating Parties: City of San Luis Obispo: Paul LeSage, Bill Statler, Jeff Jorgensen, Mike McCluskey & Ken Hampian Property Owner Representative: John French Negotiation: Whether to Acquire Council gave instructions to the property negotiator to proceed with the negotiations. 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber, where a public report of the action taken in closed session was to be given. APPROVED BY COUNCIL: 6098 BLG:dr onnie L. GaVC1, Citytferjf MINUTES REGULAR MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, MAY 19,1998 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Dodie Williams, Vice Mayor Kathy Smith, and Mayor Allen Settle Absent: Council Member Dave Romero 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 Statier, Finance Director, John Moss, Utilities Director, Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAO; Ron Whisenand, Development Review Manager; John Mandeville, Long Range Planning Manager; Glen Matteson, Associate Planner PRESENTATIONS P1. Mayor Settle presented a proclamation to NMA President Mary Kopecky and Past President Wendy George declaring "NMA Week." P2. Mayor Settle Presented a proclamation to Public Works Director McCluskey declaring "National Public Works Week." PUBLIC COMMENT PC1. Mila Vuiovich- LaBarre' San Luis Obispo High School, spoke regarding the 24 Hour Relay and invited the Council and public to participate in the event this weekend. She encouraged support of the event and presented mugs to the Council. CLOSED SESSION ANNOUNCEMENT City Attorney Jorgensen announced that the Council held three closed sessions. 1) In their conference with the SLOPOA labor. negotiator, Council gave instructions to negotiator, 2) Council authorized settlement of existing litigation, Hysen/Secrest v. City of San Luis Obispo —the amount of the settlement. is confidential as negotiations are in progress; and 3) Council gave instructions to the property negotiator to proceed with the negotiations on the Damon - Garcia property. City Council Meeting Page 2 Tuesday, May 19,1998 - 7:00 p.m. CONSENT AGENDA Moved by Smith/Williams to adopt the consent calendar as recommended by the CAO. Council Member Roalman registered a no vote on items C7, C8, and C11; motion carried (4-0- 1, Romero absent), except items C7, C8 and C11; motion carried (3 -1 -1, Roalman voting no, Romero absent). Council members stated that they have an interest in reevaluating the policy regarding solar hot water heater requirements, and CAO Dunn clarified that, on previous Council direction, staff has begun that analysis. C1. COUNCIL MINUTES. Council considered the minutes of: Tuesday, April 28, 1998, 11:30 a.m. Moved by Smith/Williams to waive oral reading and approve minutes as amended; motion carved (4-0-1, Romero Absent). C2. SURPLUS CITY PROPERTY (File No. 601 -03) Council considered declaring two parking scooters and two sedans as surplus property. Moved by Smith/Williams to adopt Resolution No. 8801 declaring equipment as surplus ' property and ordering disposal; motion carried (4-0-1, Romero Absent). C3. WATER RECLAMATION FACILITY PAVEMENT REPAIR (File No. 704 -06) Council considered plans and specifications for "Water Reclamation Facility Pavement Repair," Specification No. 97 -55A. Moved by Smith/Williams to approve plans and specifications, authorize staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within budget; motion carried (4 -0-1, Romero Absent). C4. RESERVOIR CANYON WATERLINE (File No. 704-06) Council considered awarding a contract to Maine Construction in the amount of $61,749 for "Reservoir Canyon Waterline," Specification No. 9560. Moved by Smith/Williams to award contract to Maino Construction and authorize the Mayor to execute the contract; motion carried (4-0-1, Romero Absent). C5. RETAINING WALL REPAIR - SYLVIA COURT (File No. 704 -06) Council considered approving repairs for a retaining walls on Sylvia Court. Moved by Smith/Williams to authorize the CAO to approve the following actions: 1) negotiations and execution of a consultant services contract for design of the retaining wall ' repairs; 2) approval of final plans and specifications and. authorization for solicitation of bids; 3) award of construction contract to lowest qualified bidder; and, 4) transfer of needed City Council Meeting Page 3 Tuesday, May 19,1998 - 7:00 p.m. funds to pay for construction work, up to a total authorized funding level of $250,000; motion carried (4 -0-1, Romero Absent). C6. POOL DESIGN PROJECT (File No. 704-06) Council considered awarding a contract to Rowley International for design and project supervision services for pool replastering in the amount of $16,800, Specification No. 9216. Moved by Smith/Williams to award contract to Rowley International; motion carried (4 -0-1, Romero Absent). C7. ZONING - FULLER ROAD ANNEXATION AREA (File No. 201 -06) Council considered giving final passage to an ordinance adopting zoning for the Fuller Road annexation area. Moved by Smith/Williams to give final passage to Ordinance No. 1337; motion carried (3 -1 -1, Roalman voting no, Romero Absent). C8. ZONING - AERO DRIVE ANNEXATION AREA (File No. 201 -06) Council considered of giving final passage to an ordinance adopting zoning for the Aero Drive annexation area. Moved by Smith/Williams to give final passage to Ordinance No. 1338; motion carried (3 -1 -1, Roalman voting no, Romero Absent). C9. PROPOSITION 220 - COURT CONSOLIDATION (File No. 701 -08) Council considered endorsing Proposition 220 concerning consolidation of Municipal and Superior courts, which will appear on the June 2, 1998 ballot. Moved by Smith/Williams to adopt Resolution No. 8802 endorsing Proposition 220; motion carried (4-0-1, Romero Absent). C10. PENNINGTON CREEK RIPARIAN ENHANCEMENT (File No. 704 -06) Council considered awarding a contract to Maino Construction for construction of the Pennington Creek Riparian Enhancement Project in the amount of $180,341and authorizing the transfer of an additional $25,000 from the Water Fund to cover construction costs and contingencies. Moved by Smith/Williams to award contract to Maino Construction and authorize transfer of funds; motion carried (4-0-1, Romero Absent). C11. MANAGEMENT COMPENSATION (File No. 509 -06) Council considered modifications to the Management Pay for Performance System. Moved by Smith/Williams to adopt Resolution No. 8803 approving modifications to the Management Pay for Performance Plan that include adjusting management salary ranges and the performance rating system; motion carried (3 -1 -1, Roalman voting no, Romero Absent). City Council Meeting Page 4 Tuesday, May 19,1998 - 7:00 p.m. C12. ANNUAL STREET SEAL COAT PROJECT (File No. 704-06) Council considered plans and specifications for "Annual Street Seal Coat Project," Specification No. 9214. Moved by SmithfWilliams to approve plans and specifications, authorize staff to advertise for bids, and CAD to award the contract if the lowest responsible bid is within the budget; motion carried (4-0-1, Romero Absent). C13. PAVEMENT MAINTENANCE ENGINEERING SERVICES (File No. 704 -06) Council considered a Request for Proposals (RFP) for "Engineering Service for Pavement Maintenance Project," City Project No. 9215, at a cost not to exceed $200,000. Moved by Smith/Williams to approve RFP, authorize staff to accept proposals, and CAD to award the contract to the best proposer not exceeding the available budget; motion carried (4-0-1, Romero Absent). C14. MORROS PRESERVATION (LeSAGE/211 -01) Council considered endorsing the development of a specific plan for the preservation of the Morros by County Planning staff. Moved by SmithWilliams to endorse the development of a specific plan for the preservation of the Morros; motion carved (4 -0-1, Romero Absent). COUNCIL LIAISON REPORTS CL1. SLORTA/SLOCOG UPDATE (File No. 204 -06), A written report from Council Member Romero was submitted to the Council. PUBLIC HEARINGS 1. APPEAL - DECK AT 726 HIGUERA STREET (File N0.201 -11) A public hearing to consider an appeal by Brad Schwan of an Architectural Review Commission approval of a request to remodel the rear deck and patio of Kona's Restaurant, located on Higuera Street between Chorro and Broad Streets, including an exception to the City's Creek Setback Ordinance. (ARC 58 -97). Mayor Settle noted that a request for continuance had been received from the appellant and Council agreed by unanimous consensus to continue the item to June 1601. 2. GENERAL PLAN AMENDMENTS Community Development Director Jonas clarified that the actions on items 2A, 2B and 2C should be made in concept only, with 2D being the motion which will approve all three General Plan Amendment items. City Council Meeting Tuesday, May 19, 1998 - 7:00 p.m. A. GENERAL PLAN AMENDMENTIREZONING -1234 LAUREL LANE (File No. 201 -06) Page 5 Council held a public hearing to consider a request to amend the Land Use Element (LUE) map designation from Neighborhood Commercial to High Density Residential, amend the zoning map from C-N to R -0, and approve the environmental determination for a residential care facility at the northwest comer of Southwood Drive and Laurel Lane (GP/R 11 -98); Smith and Company, applicant Development Review Manager Whisenand presented the staff report Mayor Settle opened the public hearing. Hamish Marshall, Smith & Company, Applicant, said that this project is a state of the art design, the first of its kind in California. He asked for Council's approval. Peter Meertens, SLO, stated that he has concerns regarding the project and EIR, especially removing the commercial zoning in that neighborhood. He said that parking on Augusta would also be affected if part of the parking lot is removed for a facility. He said the neighborhood already has many care facilities. Mayor Settle closed the public hearing. At Council's request, Jack Whitter, Windchime Group, explained the staffing ratios and busiest visiting hours for this type of facility. He said they have five key staff and a 1:6 ratio of aids to residents. 1 In answer to a question by Council, Hamish Marshall explained that unless another parking space is provided, the facility can only be licensed for 63 residents, not 65. After discussion, moved by Williams/Smith to 1) approve the Mitigated Negative Declaration of environmental impact, approve in concept the proposed General Plan Land Use Element Map amendment to change the land use designation from Neighborhood Commercial to High Density Residential; 2) pass to print Ordinance No. 1339 confirming the Mitigated Negative Declaration of environmental impact and rezoning the project site from C -N Neighborhood Commercial to R -0-S High Density Residential with Special Considerations; and, 3) after consideration of the remaining General Plan Amendments on tonight's agenda (Items 2B and 2C), previously approved in concept, take one action adopting the resolutions of approval for all three items (Item 2D); motion carried (4 -0-1, Romero Absent). B. GENERAL PLAN LAND USE AMENDMENT - MAINO OPEN SPACE (File No. 208 -02) Council considered proposed amendments of the General Plan Land Use element map and text to reflect the City's recent open space acquisition on San Luis Mountain, west of the Highway 101 -Marsh Street interchange.(Maino Family property). (Continued from 3117198 & 5/5198). After discussion, moved by Williams /Smith to take action under Item 2D to adopt a resolution amending General Plan Land Use Element concerning the Maino Family Open Space; motion carved (4-0-1, Romero Absent). City Council Meeting Page 6 Tuesday, May 19,1998 - 7:00 p.m. C. GENERAL PLAN AMENDMENT - FULLER & AERO DRIVE (File No. 208 -02) Council held a public hearing to consider annexation, long -range plan amendments, and zoning in the vicinity of Fuller Road and Aero Drive. (Continued from 3/17/98 & 5/5/98.) After discussion, moved by Williams /Smith to take action under Item 2D to adopt resolution amending the General Plan Land Use Element Map at Aero Drive; motion carried (3 -1 -1, Roalman voting no, Romero Absent). D. ADOPTION OF GENERAL PLAN AMENDMENTS Council considered adopting the three General Plan Amendments listed as Items 2A, 2B and 2C on tonight's agenda. After discussion, moved by Williams /Smith to adopt Resolution No.8805 for 1234 Laurel Lane, GP/R 11 -98 (2A) ; motion carried (4-0-1, Romero Absent); adopt Resolution No. 8806 for Maino Open Space, GPA 136 -97); motion carried (4 -0-1, Romero-Absent); and adopt Resolution No. 8807 for Aero Drive, GPA 155 -97 (2C); motion carried (3 -1 -1, Roalman voting no, Romero Absent). 3..:.. ANNEXATION 8: ZONING - OPEN SPACE PARCELS (File No. 208 -03) Council held a public hearing to consider annexation and zoning of the City's open space panels on Bishop Peak (Bunnell Ranch site) and on Cerro San Luis (Lemon Grove and Maino Family sites (ANNX, R 10 -98). Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing. :s After discussion, moved by Roalman /Smith to 1) adopt Resolution No. 8808 recommending that the Local Agency Formation Commission approve annexation of about 137 acres of City-owned open space, and amend its sphere if influence for San Luis Obispo as needed; and, 2) introduce Ordinance No. 1340 to prezone the annexation parcels Conservation Open Space with minimum parcel sizes of 120 and 40 acres (C /OS -120 and C /OS -00), and to remove the Speck Plan overlay zone from the part of the Maino Family site that is already inside the City limits (4-0-1, Romero Absent). COMMUNICATIONS Council Member Williams expressed her concern regarding the condition of the area surrounding the monument sign at the south end of Town, and suggested planting some trees nearby. The matter was referred to staff. Council Member Williams made a brief presentation regarding the "Vial of Life" program. Mayor Settle reported that he talked with State officials regarding the proposal to discontinue the vehicle licensing fee, stating that it's imperative to link any reduction to a constitutional amendment guaranteeing that Cities will continue to receive comparable funds from other existing sources. City Council Meeting Page 7 Tuesday, May 19, 1998 - 7:00 p.m. BUSINESS ITEMS 4. MARGARITA AREA SPECIFIC PLAN (File No. 201-04) Council considered conceptual review of the draft Margarita Area Specific Plan as the project description for an environmental impact report Associate Planner Matteson presented the staff reporL Mayor Settle opened the meeting for public comment John French. Margarita area property owner, supported the plan, stating that it is adequate to proceed to the next step. Dave Watson, representative of property owners, supported the plan. Mayor Settle returned discussion to the Council. Moved by Williams /Smith to approve the draft. specific plan as the project description for the environmental impact report (EIR) and provide direction to staff for the EIR to reflect alternatives to the draft specific plan as outlined in the agenda report; motion carried (4 -0-1, Romero Absent). Council Member Roalman suggested that Council have a consultant on urban development, ■ such as Mr. Calthorpe, review the plan, and Council Members agreed by consensus. There being no further business to come before the City Council, Mayor Settle adjourned the . meeting at 8:40 p.m. to Thursday, May 21, 1998 at 7:00 p.m. at the Embassy Suites, San Luis Obispo. APPROVED BY COUNCIL: 612/98 BG:dr B nie L. Gawf ity Clerk I