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HomeMy WebLinkAbout06/26/1978M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JUNE 26, 1978 - 12:10 P.M. HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R-D. Miller, Administrative Officer; Rudy Muravez, Finance Director; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Gordon Johnson, Personnel Director; Lane Wilson, Building & Parks Maintenance.Supervisor 1. The City Council considered an agreement.with Allen Grimes, City Attorney, for professional services as interim City Attorney for the City of San Luis Obispo. On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3595 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Allen Grimes, Inc., a Professional Corporation, Attorney.At Law, for interim services as City Attorney. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None 2. At this time, the City Council again considered an agreement with Edison A. and Francis A. French for..funding a waterline project on Pacific and Toro Streets under the Quarterly $20,000 Funding Program (continued from the June 20, 1978, meeting for clarification and implications dealing with the proposed French Development on Pacific Street and what would be expected by the developer if he cooperated on this project). Robert Mote, Utilities Engineer, stated that the City Council should be advised to approve the subject agreement, but the record be made to show that the agree- ment was to.stand on its own merits and that the approval thereof was not to be construed to infer that the Council has thereby relinquished any rights or authority to pursue the solution of any development, lot split, parking, or other problems as yet unresolved with this property development. On motion of Councilman Settle, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3596 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Edison A. French and Francis A. French for construction of a _ waterline easement for Parcel A of Parcel Map SLO 77 -404 subject to the con- dition that approval of this project does not infer approval of the future development of the property. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None City Council Minutes June 26, 1978 Page 2 3. The City Council at the request of Bruce Dodson, Consultant for the Lucia Mar School District, requesting that the City Council adopt an ordinance establishing School Facilities Fee /Dedication Ordinance recently authorized by the legislature to help the school districts in their overcrowded conditions. The City Council in the absence of Bruce Dodson, or anyone from the School District, briefly discussed the proposal, but felt that the timing was quite short as the ordinance if approved had to be approved by July 1 to be effective. Richard D. Miller, Administrative Officer, stated he felt that this would be considered a tax and could not be adopted without a vote of the people after July 1, due to the provisions of the Jarvis -Gann Amendment. Allen Grimes, City Attorney, stated that he agreed with the statement that this so- called fee was really a special tax and would be so considered by the state. On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council table consideration of the matter. Motion carried, all ayes. 4. The City Council again considered the report of the City Clerk on bids received for the JOHNSON PLAYGROUND, PHASE I, City Plan No. B -31; bids opened on Jun 9, 1978. Estimated cost: $11,369.00. Four bids received: 1. Tara Construction Company 298 Pismo Street San Luis Obispo, CA 93401 2. Boyd Construction Company 163 Ramona Drive San Luis Obispo, CA 93401 3., Melcher Construction Company . 1415 Smith Court San Luis Obispo, CA 93401 4. Conco Engineering, Inc. . San Luis Obispo, CA 93401 $22,777.00 25,344.00 33,720.00 35,935.00 Richard D. Miller, Administrative Officer, stated, based on the fact that the project was almost double the estimate, he recommended that the City Council reject all bids and authorize the City to proceed on a force account basis. As provided under the City Charter he, as Administrative Officer, submitted a figure of $16,469 as the amount needed by the City to perform the work with City forces which would include labor, overhead, rental of equipment, etc. Actual out -of- pocket expense for material and some minor optional work would be within the $11,000 budgeted for the project. He recommended that the City Council reject all bids and authorize the staff to proceed on that basis. On motion of Mayor Schwartz, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3597 (1978 Series), a resolution of the Council of the City of San Luis Obispo rejecting the public bids for the JOHNSON AVENUE PLAYLOT and authorizing the work to be done by City forces. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz NOES: Councilman Dunin ABSENT: None 5. Mayor Schwartz brought the Council's attention to an appeal by Jonathan Lindenthaler dealing with the rejection by the City Council of his rezoning at 2800 Johnson Avenue. He stated that he had not been apprised by the City Clerk that.the ordinance would again be heard by the City on the June 20, 1978 meeting and therefore did not attend. 1 1 1 City Council Minutes June 26, 1978 Page 3 He felt that he should have an opportunity to have the Council hear his appeal and to discuss.the matter with him. He stated he did not wish to construct any project which was truly objectional to the City, but he did not.believe that he should not be denied all reasonable use of the property just because a group of neighbors felt that the proposed project was not appropriate for them. The City Council discussed the matter stating that the first public hearing on June 7, 1978, the Mayor specifically stated due to the 3 -2 vote on the intro- duction and pass to print, that the matter would be continued and heard again on the June 20, 1978 meeting and that also the Mayor had stated that he explained in public that everyone should be prepared to make such appearance. Finally, after discussion, none of the Council felt that they wished to reopen the matter and based on the original application, the City Clerk was directed to write a letter to Jonathan Lindenthaler listing the Council's reasons for denying the appeal stating he could start.over again with a new and different project and suggested that the City Clerk work with the Community Development Director;: and so notifying Mr. Lindenthaler. City Attorney Allen Grimes felt.that there was no legal grounds for reopening the hearing on evidence presented by Mr. Lindenthaler, but that the Council had the right to do so if they wished. 6. Richard D. Miller, Administrative Officer, submitted for the Council's information, a review by Henry Engen, Community Development Director, of the discussion of the June 13, 1978 Executive Session dealing with property acquisi- tion for parking. The matter was ordered received and filed. 7. Councilman Settle stated there was a further vacancy on the Citizen's Advisory Committee, and that as a member of the Subcommittee, he nominated Robert Griffin to fill the term on the Advisory Board. Mayor Schwartz seconded the nomination and.by unanimous vote, the City Council approved the appointment of Robert Griffin to the Citizen's Advisory Committee. 8. 1:00 p.m., the City Council adjourned to Executive Session. 2:00 p.m., the City Council reconvened in Regular Session. On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3598 (1978 Series), a resolution of the Council of the City of.San Luis Obispo giving Notice of Intention to adopt a wage and fringe benefit package for General- CityfEmployeesswitho6tnapformal Memorandum of Understanding. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None OnsmotiondofdCoundilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3599 (1978 Series), a resolution of the Council of the City'of San Luis .Obispo giving Notice of Intention to adopt a wage and fringe benefit package for certain Firefighter Association personnel without a formal Memorandum of Understanding. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Petterson,.seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3600 (1978 Series), a resolution of the Council of the City of San Luis Obispo giving Notice of Intention to adopt a wage and fringe benefit package for certain Police Officer Association Personnel without a formal Memorandum of Understanding. City Council Minutes June 26, 1978 Page 4 Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman.Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3601 (1978 Series), a resolution of the Council of the City of San Luis Obispo adopting a fringe benefit package for Management Personnel. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 9. 2:05 p.m., the City Council again adjourned to Executive Session. 2:30 p.m. the City Council reconvened in Regular Session. 10. There being no further business to come before the Council, Mayor Schwartz adjourned the meeting at 2:30 p.m. APPROVED: Fitzpatrick, City. Clerk ------------------------------------------------------------------------------- M I N U T E S REGULAR MEETING OF THE CITY. COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JULY 5, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Councilmen PRESENT: Ron Dunin, Steve Petterson, and Mayor Kenneth E. Schwartz ABSENT: Jeff Jorgensen and Allen Settle City Staff PRESENT: R.D. Miller, Administrative Officer; Pam Voges, Recording Secretary; Allen Grimes, City Attorney; Henry Engen, Director of Community Development; Dan Smith, Senior Planner; Terry Sanville, Planning Associate; Wayne Peterson, City Engineer; Richard Minor, Fire Chief; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services A. R.D. Miller introduced an emergency item submitted by the City Clerk's Office certifying the results of the Special Municipal Election held June 6, 1978 and stated that upon the advice of the City Attorney it would be adviseable to adopt a resolution certifying the results to complete the paperwork involved in ratifying all the measures voted on in the last election.