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