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Home My WebLink About01/04/2000ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Allen K. Settle City Staff: Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAO; Brandon Farley, Transportation Manager; Whitney Mcllvaine, Associate Planner; John Mandeville, Long Range Planning Manager PUBLIC COMMENT Josephine Malone spoke in opposition to Item #C9 on the consent agenda. Mark McCullough. President of International Association of Firefighters, Local 3523, reported that his Union supports increasing the salary for firefighters. He urged Council to amend the current salary schedule. Willow Kelly, representing Citizens for Safe Access to Essential Services and the neighbors on Orcutt Road and Laurel Lane, voiced concerns about the lack of safe pedestrian crosswalks in the area. Mayor Settle reported that the Council will review and consider a resolution adopting a crosswalk policy on January 18, 2000. Dr. Richard Kresia reported that the minutes of a recent meeting with City staff regarding policy recommendations he made for the Santa Rosa Creek Bridge replacement project did not accurately reflect his concerns. He submitted a minority written report and urged Council not to rely on hired consultants to monitor work in the creek. Gary Fowler, Mill Street resident, asked the Firefighters' Association to respond to questions he and others share about salaries, workload, etc., and suggested that fire service to Cal Poly be transferred to the California Division of Forestry (CDF) in order to reduce the workload of the San Luis Obispo firefighters. Karen Grencik urged the Council to increase the salary schedule for new firefighter recruits. Sherry Saul asked the Council to compensate firefighters fairly. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 4, 2000 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Allen K. Settle City Staff: Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAO; Brandon Farley, Transportation Manager; Whitney Mcllvaine, Associate Planner; John Mandeville, Long Range Planning Manager PUBLIC COMMENT Josephine Malone spoke in opposition to Item #C9 on the consent agenda. Mark McCullough. President of International Association of Firefighters, Local 3523, reported that his Union supports increasing the salary for firefighters. He urged Council to amend the current salary schedule. Willow Kelly, representing Citizens for Safe Access to Essential Services and the neighbors on Orcutt Road and Laurel Lane, voiced concerns about the lack of safe pedestrian crosswalks in the area. Mayor Settle reported that the Council will review and consider a resolution adopting a crosswalk policy on January 18, 2000. Dr. Richard Kresia reported that the minutes of a recent meeting with City staff regarding policy recommendations he made for the Santa Rosa Creek Bridge replacement project did not accurately reflect his concerns. He submitted a minority written report and urged Council not to rely on hired consultants to monitor work in the creek. Gary Fowler, Mill Street resident, asked the Firefighters' Association to respond to questions he and others share about salaries, workload, etc., and suggested that fire service to Cal Poly be transferred to the California Division of Forestry (CDF) in order to reduce the workload of the San Luis Obispo firefighters. Karen Grencik urged the Council to increase the salary schedule for new firefighter recruits. Sherry Saul asked the Council to compensate firefighters fairly. City Council Meeting Tuesday, January 4, 2000 - 7:00 p.m. Page 2 CONSENT AGENDA Council Member Marx noted that she would refrain from voting on Item #C7 because she is a member of Board of EOC. Vice Mavor Schwartz pulled Item #C3. Council Member Romero pulled Item #C5. Item #C9 was pulled for discussion. The Consent Calendar was approved, as follows: C1. COUNCIL MINUTES OF TUESDAY, DECEMBER 7, 1999 AND MONDAY, DECEMBER 13, 1999. ACTION: Moved by Ewan/Romero waive oral reading and approve as amended; motion carried 5:0. C2. OPERATE IN THE PUBLIC RIGHT -OF -WAY (TA 198-99). ACTION: Moved by Ewan/Romero grant final passage to Ordinance No. 1362, amending the Municipal Code to add Chapter 5.50 regarding the operation of sidewalk cafes in the public right -of -way; motion carried 5:0. C3. FINAL PASSAGE OF ORDINANCE NO. 1363 ESTABLISHING UNDERGROUND UTILITY DISTRICT 14. Vice Mayor Schwartz pulled Item #C3 to comment that he had no objection with forming the underground district, just with the priorities. ACTION: Moved by Romero /Schwartz to grant final passage to Ordinance No. 1363; motion carried 5:0. C4. FINAL PASSAGE OF ORDINANCE NO. 1364 AMENDING ZONING AT 3001/3045 JOHNSON AVENUE: JUDSON TERRACE LODGE. APPLICANT (R 106-99 AND ER 106 - ACTION: Moved by Ewan/Romero to grant final passage to Ordinance No. 1364; motion carried 5:0. C5. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. Council Member Romero pulled Item #C5 to comment he is not opposed to spending money on bikeway improvements, but feels too much of the Transportation Impact Fees are being spent on this type of improvement. He added that he would prefer to see more of the funding dedicated to traffic mitigation measures. In response to a request from Vice Mayor Schwartz , Finance Director Statler provided a brief overview of the annual statement of development impact fees. ACTION: Moved by Romero /Schwartz to receive and file annual statements of revenues and expenditures from development impact fees for 1998 -99 (water, wastewater and transportation); motion carried 5:0. C6. PROFESSIONAL SERVICES FOR PARKING LOT NO.2 RESTROOM: SPECIFICATION 1 NO. CP 90108. City Council Meeting Page 3 Tuesday, January 4, 2000 - 7:00 p.m. ' ACTION: Moved by Ewan/Romero to award "Contract for Professional Services" to Fraser - Seiple Architects for the design of the Parking Lot No. 2 restrooms; motion carried 5:0. C7. ASSIGNMENT OF PRADO DAY CENTER LEASE TO THE ECONOMIC OPPORTUNITY COMMISSION. ACTION: Moved by Ewan/Romero to approve the assignment of the Prado Day Center lease from the Interfaith Coalition for the Homeless to the Economic Opportunity Commission; motion carried 4:0:1 (Marx, due to potential conflict of interest). C8. GRANT FUNDING FOR SAN LUIS OBISPO ART CENTER AND CUESTA COLLEGE ART GALLERY COLLABORATIVE. ACTION: Moved by Ewan/Romero to approve the Promotional Coordinating Committee's recommendation to grant $1,300 jointly to the San Luis Obispo Art Center and the Cuesta College Art Gallery to promote a collaborative exhibition of the works of David Settino Scott; motion carried 5:0. Cg. BASKETBALL COURT DONATION. Parks and Recreation Director LeSage responded to Council questions about the size, location and colors of the Saturn logo to be placed on the basketball court. Council Member. Marx voiced opposition because she believes that the logo is advertising in disguise. ACTION: Moved by Ewan/Romero to 1) accept a donation of an outdoor basketball court at Emerson Park. 2) Authorize the Mayor to sign the donor agreement; motion carried 4:1 (Marx). APPOINTMENT Al. COUNCIL COMPENSATION COMMITTEE APPOINTMENTS. ACTION: Moved by Schwartz/Settle to appoint the following persons to the Council Compensation Committee, effective immediately, to sunset upon adoption of new Council Compensation Resolution: Dodie Williams (Former elected official), Marcy Villa (Personnel Board Member), Dr. Dean Miller (Member -at- large), Pierre Rademaker (Member -at- large), and Kathy Smith (Member -at- large); motion carried 5:0. COUNCIL LIAISON REPORTS ECONOMIC OPPORTUNITY COMMISSION Council Member Marx reported that she is continuing to pursue the possibility of overturning the Governor's veto of a bill which provided childcare services for working families. PUBLIC HEARINGS City Council Meeting Tuesday, January 4, 2000 - 7:00 p.m. 1. Page 4 DISTRICT. Long Range Planning Manager John Mandeville, Associate Planner Mcllvaine and Natural Resources Manager Havlik presented the staff report. Lengthy Council questions followed. Public Comment: Ned Rogoway, representing the Congregation Beth David, expressed concern about possible impact on property they own and hope to develop in the vicinity of Los Osos Valley Road, just east of Highway 101. He noted that at the Planning Commission meeting when this matter was considered, staff displayed on the overhead an exhibit illustrating the land and asked that the property be removed from that exhibit. He expressed opposition to the property being zoned agriculture and noted that the General Plan now calls it out as residential. City Attorney Jorgensen assured the speaker that the exhibit has no legal effect and was just for illustration purpose. Council discussion ensued regarding adding an Agriculture Zone to the Zoning Regulations. Vice Mayor Schwartz voiced opposition to the proposed ordinance, not because he disagrees with adopting an agricultural zone, but because he believes the proposed ordinance to be inadequate. In addition, he voiced strong objection to 5 acre minimum parcel sizes. Vice Mayor Schwartz made a motion to give direction to staff to go back and identify parcels of land within the urban reserve line, and those tentatively considering annexation as a result of purchaseteasement dedication, and bring it back along with information requested in his memo to the Council on this matter (on file with the City Clerk) for further consideration by the Council. The motion failed due to lack of second. ACTION: Moved by Marx/Ewan to approve the proposed zoning ordinance amendments as they relate to the agricultural zone; motion carried 3:2 (Schwartz, Romero). Break called at 8:55 p.m. Reconvened at 9:07 p.m. Council questions and discussion followed regarding other proposed amendments to the zoning ordinance, as outlined in the staff report. ACTION: Moved by Schwartz/Romero to approve the proposed zoning ordinance amendments, as they relate to mineral extractions; motion passed 4:1 (Settle). Vice Mayor Schwartz proposed that the Council reduce the number of units (from 12 to 6) in the O zone (Section 17.34.020 A) arguing that the density for residential development Is inappropriate. There was no support for the change as proposed. Council Member Marx proposed adding a provision in the section relating to open space/ agricultural zoning indicating that parcel subdivision in the "green belt' is discouraged by the General Plan, or that subdivision of parcels in the "green belt' must be reviewed by the Planning Commission. Associate Planner Mcllvaine advised that the issue may be more appropriately addressed in the subdivision regulations. Staff agreed to add a note relative to the General Plan policy regarding subdividing open spacelagricultural lands in the informational handout provided to the public by the Community Development Department. Public Comment: I 1 1 City Council Meeting Tuesday, January 4, 2000 - 7:00 p.m. Page 5 Nick Mulck. 3731 Orcutt Road, asked how secondary units are addressed in the proposed revisions to the Zoning Regulations. Associate Planner Mcllvaine reported that there are no changes proposed to existing standards and agreed to provide the current standards to the speaker. There was no further public testimony. Vice Mayor Schwartz commented that he continues to be distressed about the overuse of exceptions for setbacks and side yards. Council Member Marx expressed concern regarding exceptions for creek setbacks (Section 17.16.025). Staff reported that all eight findings would have to be met before an exception would be granted. For greater clarification, staff agreed to make some minor wording changes to the findings. Vice Mayor Schwartz noted a duplication in the M zone. Staff agreed to strike the duplicate. Vice Mayor Schwartz proposed that Figure 5 (calculating lot coverage) be amended by changing the word "concrete" to "hard surface ". Amendment approved. ACTION: Moved by Ewan/Marx to introduce Ordinance No. 1365, as revised, amending and updating various sections of the Zoning Regulations and adopting a Negative Declaration of environmental impact (ER 191 -99); motion carried 3:2 (Romero, Schwartz). (Note: Council Member Romero and Vice Mayor Schwartz stated that their vote reflects opposition to the addition of an agricultural zone and adopting the Negative Declaration regarding same). ' 2. FEDERAL TRANSIT GRANT FOR 1999 -2000 AND TRANSIT PROGRAM FOR PROJECTS FOR 1999 -2000. Public Works Director McCluskey presented the staff report. Mayor Settle opened the public hearing. No comments. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Ewan to 1) review the transit program and projects for 1999- 2000. 2) Adopt Resolution No. 9004 authorizing the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of $660,300; motion carried 5:0. COMMUNICATIONS Council Member Romero expressed concerns regarding the attendance of Planning Commissioners. Council directed staff to investigate and provide a report to the Planning Commission. Mayor Settle announced that he has agreed to continue serving on the League of California Cities Environmental Quality Policy Committee. In addition, he reported that his suggestion to amend the Government Code to require that all actions within a city's urban reserve be referred to the Local Agency Formation Commission (LAFCO) has received support from the Environmental Defense Center. They have forwarded a request to Senator O'Connell seeking 1 his support. City Council Meeting Tuesday, January 4, 2000 - 7:00 p.m. Page 6 Vice Mayor Schwartz reported that the Smart Growth subcommittee plans to review neighborhood and school locations and hopes to remove from school boards the final authority for school site selection. There being no further business to come before the City Council, Mayor Settle a joumed the meeting at 10:40 p.m, to Tuesday, January 18, 200 a 00 i Council amber, 990 Palm Street, San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 1/18/00 LP:dr r—� 1