Loading...
HomeMy WebLinkAbout04/04/2000MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 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; Jim Gardiner, Police Chief; Mike McCluskey, Public Works Director; Barbara Lynch, Civil Engineer, Paul LeSage, Parks and Recreation Director; Michael Codron, Associate Planner; Glen Matteson, Associate Planner; and Mary Kopecky, Assistant City Clerk CLOSED SESSION ANNOUNCEMENTS CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Morganti Property (Los Osos Valley Road at Foothill) Negotiating Parties City of San Luis Obispo: Neil Havlik Property Owner Representative: Keith George Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen reported that Council authorized further negotiations. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Ann SlateBill Avery Employee Organization: San Luis Obispo Police Officers' Association and San Luis Obispo Police Staff Officers' Association City Attorney Jorgensen reported that Council gave instructions to the negotiators and authorized further negotiations. City Council Meeting Tuesday, April 4, 2000 - 7:00 p.m. PUBLIC COMMENT None CONSENT AGENDA ACTION: Moved by Romero/Schwartz to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. COUNCIL MINUTES OF TUESDAY, MARCH 21, 2000. Page 2 ACTION: Moved by Romero/Schwartz to waive oral reading and approve as submitted with modifications; motion carried 5:0. Minutes of 3/21/00 modified as follows: Page 1 ( Item P3 — pine pitch cancer changed to pine pitch canker) Page 4 (Item A3 — second was changed to Settle) Page 7 (Item 3 - strike -outs removed) C2. FINAL MAP APPROVAL FOR TRACT 2294 LOCATED AT 915 EL CAPITAN WAY, WEST OF BROAD STREET, (KELLY GEARHART, SUBDIVIDER). ACTION: Moved by Romero /Schwartz to adopt Resolution No. 9028 approving the final map for Tract 2294, accepting a Creek Preservation and Maintenance Agreement for open -space and drainage purposes over portions of all lots and authorizing the Mayor to execute the subdivision agreement; motion carried 5:0. C3. ANNUAL REPORT ON THE GENERAL PLAN. ACTION: Moved by Romero /Schwartz to receive the annual report; motion carried 5:0. C4. AUDIT SERVICE CONTRACT. ACTION: Moved by Romero /Schwartz to renew the audit services contract with Glenn, Burdette, Phillips and Bryson (GBPB) for an additional three years and authorize the Mayor to execute the contract; motion carried 5:0. C5. PUBLIC WORKS PICKUP TRUCK REPLACEMENT. ACTION: Moved by Romero /Schwartz to 1) authorize Public Works to replace an existing pickup truck that was totaled in a collision. 2) Authorize procurement with City Administrative Officer approval. 3) Advance $25,000 from the 2000 -01 budget to a new project account for the pickup truck replacement; motion carried 5:0. PUBLIC HEARINGS 1. ENVIRONMENTAL DETERMINATION, ANNEXATION, AND ZONING FOR THE ACACIA CREEK ANNEXATION (DAMON- GARCIA SPORTS FIELDS - ANNX 177 -99). Community Development Director Jonas and Associate Planner Matteson presented the staff report. City Council Meeting Page 3 Tuesday, April 4, 2000 - 7:00 p.m. 1 Mayor Settle opened the public hearing. Brett Cross, 1214 Mariner's Cove, expressed concern because an environmental review has not yet been done for this project. - -end of public testimony— Mayor Settle clarified that an environmental review will be done at a later date and spoke in favor of proceeding with the annexation. Council Member Marx agreed and pointed out that there is no change of zoning at this time. ACTION: Moved by Romero/Ewan to 1) adopt Resolution No. 9029 to approve a negative declaration of environmental impact. 2) Adopt Resolution No. 9030 recommending that the Local Agency Formation Commission (LAFCO) approve the annexation. 3) Introduce Ordinance No. 1367 to pre -zone the territory Conservation/Open Space with a 25 -acre minimum parcel size (C /OS -25); motion carried 5:0. 2. ENVIRONMENTAL DETERMINATION, ANNEXATION, ZONING AND DEVELOPMENT PLAN APPROVAL FOR THE ORCUTT CREEK ANNEXATION (LATHROP BUSINESS PARK AT BROAD STREET NEAR INDUSTRIAL WAY ANNX 79 -99). Community Development Director Jonas and Associate Planner Matteson presented the staff report. Mayor Settle opened the public hearing. Diane Fredericks, RRM Design Group (project representative), voiced support for the staff recommendation. Mayor Settle closed the public hearing. Council questions to staff followed. Council Member Marx expressed concern about traffic impacts on Prado Road and argued that an environmental impact report should be prepared for this project. ACTION: Moved by Schwartz/Ewan 1) adopt Resolution No. 9031 to approve a mitigated negative declaration of environmental impact. 2) Adopt Resolution No. 9032 recommending that the Local Agency Formation Commission (LAFCO) approve the annexation. 3) Introduce Ordinance No. 1368 to pre -zone the privately owned part of the site Service Commercial Planned Development (C -S -PD) and to approve the preliminary development plan, subject to conditions, and to pre -zone the City -owned part Public Facility with Specific Plan (PF -SP). 4) Council authorized the Mayor to sign the preannexation agreement; motion carried 4:1 (Marx). 3. PACIFIC BELL. A & R WELDING. AND FARM SUPPLY ANNEXATIONS: CONSIDERATION OF A REQUEST TO ANNEX AND PREZONE THREE CONTIGUOUS SITES WITH A TOTAL AREA OF ROUGHLY 12 ACRES AT 196 SUBURBAN ROAD AND 205 AND 204 TANK FARM ROAD RESPECTIVELY. (ANNX/R/ER/213 -99. 188 -99. AND 206 -99). City Council Meeting Tuesday, April 4, 2000 - 7:00 p.m. Page 4 Council Member Ewan announced that he would step down from deliberating because he has a potential conflict of interest. City Attorney Jorgensen provided background and introduced the item. Community Development Director Jonas presented the staff report. Mayor Settle opened the public hearing. Jim Brabeck, General Manager of Farm Supply, complimented staff for their diligence in this matter. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Romero to 1) re- introduce Ordinance No. 1366 adopting the mitigated negative declarations of environmental impact (ER 213-99,188-99, and 206 -99) and prezoning the annexation areas as Manufacturing (M) and Service Commercial (C -S). 2) Adopt Resolution No. 9033 and Rescind Resolution No. 9023 recommending that the Local Agency Formation Commission (LAFCO) approve the annexations, and repeal Resolution 9023 (2000 series). 3) Approve, ratify and authorize the Mayor to execute pre - annexation agreements with the applicants providing for payment of fees consistent with the interim annexation policy; motion carried 4:0:1 (Ewan). 4. REQUEST FOR A VESTING TENTATIVE MAP TO CREATE A IU-LUT RE5IUEN I IAL CONDOMINIUM SUBDIVISION (TR 4-99: 1720 JOHNSON AVENUE). Planning Technician Codron presented the staff report. Mayor Settle opened the public hearing. Tom Braikovich, project architect, provided an overview of the project and spoke in favor of the project. Mayor Settle closed the public hearing. Brief Council questions followed. ACTION: Moved by Marx/Ewan to adopt Resolution No. 9034 approving the tentative map, which creates a 10-lot residential condominium subdivision located on the northeast side of Johnson Avenue, north of Lizzie Street, with conditions, as recommended by the Planning Commission; motion carried 5:0. BUSINESS ITEMS 5. FIRST NIGHT FEE REDUCTION REQUEST. Parks and Recreation Director LeSage presented the staff report and recommended denial of the fee the reduction request. He suggested the Council consider a deferral of payment as an alternative. City Council Meeting Tuesday, April 4, 2000 - 7:00 p.m. Page 5 Public Comment Steve Hanson, First Night representative, noted that the majority of First Night events in the United States pay no fees. He urged Council to waive the fees. –end of public testimony— Police Chief Gardiner responded to questions. Council discussion followed. Council Member Marx stated that she could support a $5,000 grant. Vice Mayor Schwartz said he supports the alternative to defer the $5,000 payment. Council Member Romero commented that he favors a fee reduction, but would, as an alternative, support the deferral. Mayor Settle stated that he would support a one -time reduction. ACTION: Moved by Ewan/Schwartz to deny the request from First Night San Luis Obispo for a $5,000 reduction of the organization's special event fees; payment deferred to December 30, 2000 motion carried 4:1 Romero . 6. HIGUERA STREET BRIDGE REHABILITATION PROJECT, SPECIFICATION NO. 9367. Public Works Director McCluskey and Civil Engineer Lynch presented the staff report, summarized the construction schedule, and reported that Council Member Romero has submitted an alternative solution to the parking plan (on file with the City Clerk). She also presented a third alternative, which is a modification to the alternative proposed by Council Member Romero. A lengthy discussion ensued. ACTION: Moved by Ewan/Marx to 1) approve plans and specifications for "Higuera Street Bridge Rehabilitation Project, Specification No. 9367 as modified. The parking lot was modified as follows: A driveway was added from Monterey Street; the Osos Street driveway was closed; and circulation was created between all lots. 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's Estimate; motion carried 5:0. By consensus, Council directed staff to add disabled spaces to the parking lot to comply with the Americans with Disabilities Act. COUNCIL COMPENSATION City Clerk Price introduced the staff report. Pierre Rademaker, Council Compensation Committee Chair, provided the committee recommendations. ACTION: Moved by Ewan/Marx to 1) adopt Resolution No. 9035 setting new salaries for the Mayor and Council Members. 2) Appropriate $3,000 for Fiscal Year 2000 -01 from the unreserved General Fund balance in order to fund the compensation change; motion carried 5:0. 8. FLEET MANAGEMENT POLICY REVISIONS. Public Works Director McCluskey presented the staff report and responded to questions. City Council Meeting Page 6 Tuesday, April 4, 2000 - 7:00 p.m. Vice Mavor Schwartz commented that while he agrees with staff's recommendation, he finds the marking style on its vehicles inconsistent with past practices. ACTION: Moved by Romero/Marx to 1) adopt Resolution No. 9036 amending the Finance Management Manual Section 405 regarding fleet management. 2) Allow the scheduled replacement of general - purpose vehicles to proceed; motion carried 5:0. COUNCIL LIAISON REPORTS None COMMUNICATIONS COMM. 1. LEAGUE OF CALIFORNIA CITIES (LCCI REVENUE AND TAXATION Vice Mayor Schwartz attended the March 24"' meeting of the League of California Cities (LCC) Revenue and Taxation Committee. The Committee reported on pending legislation and made recommendations to the LCC Board of Directors. Additionally, Marianne O'Malley from the Legislative Analyst Office (LAO) gave an informative, in -depth presentation entitled, "Reconsidering AB 8: Exploring Alternative Ways to Allocate Property Taxes." Vice Mayor Schwartz recommended that the City contact Ms. O'Malley to arrange for this presentation in San Luis Obispo for the Council; County Board of Supervisors, Planning Commission, and others. Council concurred and directed staff to coordinate the meeting. COMM. 2. REORGANIZATION OF COUNCIL AGENDA REPORTS Vice Mayor Schwartz requested a reorganization of the format of Council agenda reports relating to Community Development Department matters. Council concurred. City Administrative Officer Dunn agreed to meet with Community Development Department staff, Vice Mayor Schwartz and return to Council with recommendations. COMM. 3. CITY ADMINISTRATIVE OFFICER VACANCY Mayor Settle reported that the retirement of John Dunn will create a vacancy for the position of City Administrative Officer. He noted that Council had two options: 1) Direct the Human Resources Department to conduct a full -scale recruitment. 2) Consider hiring Assistant City Administrative Officer Hampian as the City Administrative Officer. Council agreed to interview Assistant City Administrative Officer during Closed Session on April e. COMM. 4. Council Member Romero circulated the (SLOCOG) April 5"' Executive Director's reort (on file in the City Clerk's Office). He encouraged Council Members to attend the April. 14 meeting with Carrrans Director Jose Medina for a tour of the Cuesta Grade and the Route 46 project. COMM. 5. CHANNEL COUNTIES DIVISION OF THE LEAGUE OF CALIFORNIA CITIES CCDLLC 1 J 1 City Council Meeting Tuesday, April 4, 2000 - 7:00 p.m. Page 7 Council Member Romero reminded Council of the upcoming April 14"' CCDLLC meeting in Guadalupe at the Far Western restaurant. COMM. 6. Mayor Settle attended the Environmental Quality Policy Committee and Economic Development Policy Committee meetings on March 23rd and 20in San Jose. He reported that there are several pending bills before the State legislature that could adversely effect the City of San Luis Obispo, especially AB 2838 (Hertzberg). COMM. 7. BINDING ARBITRATION Council Member Marx suggested that an objective educational study session be scheduled to explain the potential impacts of binding arbitration (both SB 402 and the pending Charter amendment). Council concurred that this would be informative and beneficial. Staff will follow -up to schedule. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 10:00 P.M. to Wednesday, April 5, 2000 at 11:00 a.m. in the Council Hearing Room 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 4118100 MK:dr Mary Copec Assistant City Clerk