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
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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