HomeMy WebLinkAbout04/15/1986CITY COUNCIL MINUTES - TUESDAY, APRIL 15, 1986 - 7:00 p.m. PAGE 2
C 0 N S E N TA G E N_D A
Moved by Settle/Dove y (5 -0). to approve the Consent Agenda as recommended
by the City Administrative Officer with the exception of C -6 as noted.
The following actions taken as indicated:
C -1 COUNCIL MINUTES
Council minutes of Tuesday, January 7, 1986 - 7:00 p.m.: Tuesday,
January 14, 1986 - 7:00 p.m.; Tuesday, January 27, 1986 - 4:00 p.m.; and
Tuesday. February 4, 1986 - 7:00 p.m. were approved as amended (4 -0 -1,
Griffin absent).
C -2 CLAIM AGAINST THE CITY - GRACIA (File #189)
Application to Present Late Claim against the City by James Gracia in the
amount of $500,000+ for injuries sustained to claimant allegedly due to
negligence of a City employee during the course of repairing bridge at San
Luis Creek was denied as recommended (4 -0 -1, Griffin absent).
C -3 REPORT ON BIDS - PARKING LOT IMPROVEMENTS (File #86 -05)
Resolution No. 5930 (1986 Series), was adopted awarding contract to
Madonna Construction Company in the amount of $103,775 for "Parking Lot
Improvement Project at Sinsheimer Park," City Plan No. J27Y; bid estimate'
$106.000, without contingencies, as recommended (4 -0 -1, Griffin absent)'.
C -4 REPORT ON BIDS - SEWER LIFT STATION (File #86 -04)
Resolution No. 5931 (1986 Series), was adopted awarding contract to Elston
Construction in the amount of $27,850 for "Foothill Sewer Lift Station
Replacement." City Plan No. K -09R; bid estimate $21,000, without
contingencies, and $6,000 transferred from Fund No. 948 to Fund No. 897 as
recommended (4 -0 -1. Griffin absent).
C -5 MADONNA ROAD WIDENING PROJECT
Plans and specifications approved and staff authorized to advertise for
bids as recommended for the "Madonna Road Widening Improvements, U.S. Post
Office to San Luis Obispo Creek Bridge," City Plan Nos. K -27B and K52B:
bid estimate $1,625.000, without contingencies (4 -0 -1. Griffin absent)."
C -6 TRAFFIC WORK ORDERS
Resolution No. 5932 (1986 Series), was adopted approving traffic work
orders for the period of January 1, 1986, through March 31, 1986, as
recommended (3 -1 -1, Dunin voting no; Griffin absent).
C -7 STREET MAINTENANCE FUNDS (File #1142)
Resolution No. 5933 (1986 Series), was adopted approving agreement between
the City and .the City of King for assignment of Federal Aid Urban Funds in
the amount of $15,000 for use to construct and maintain streets as
recommended (4 -0 -1. Griffin absent).
C -8 INTERMODAL FACILITY (File #432)
Resolution No. 5934 (1986 Series), was adopted approving amendment to
consultant services agreement between the City and Thompson & Merrill for
the San Luis Obispo Intermodal Facility Project and appropriating $11,860
for miscellaneous design services as recommended (4 -0 -1, Griffin absent).
C -9 CALIFORNIA MAIN STREET PROGRAM (File #477)
Resolution No. 5935 (1986 Series), was adopted authorizing participation
in the California "Main Street" Program, an objective of the Business
Improvement Association service program identified as part of the 1985 -87
budget as recommended (4 -0 -1, Griffin absent).
CITY COUNCIL MINUTES - TUESDAY. APRIL 15. 1986 - 7:00 p.m. PAGE 3
C -10 CAPITAL PROJECT FINANCING - MADONNA ROAD & HIGUERA STREET
IMPROVEMENTS (File #416)
Resolution No. 5936 (1986 Series), was adopted designating Rauscher,
Pierce, Refnes, Inc., as underwriters for financing certain proposed
street improvements on Madonna Road and South Higuera Street as
recommended (4 -0 -1).
P U B L I C H E A R I N G S
1. CITY /COUNTY LIBRARY (File #571)
Council held a public hearing to consider granting final passage to
Ordinance No. 1060, repealing Ord. 570 regarding consolidation of
City /County Library operation and financing functions (continued from
4- 1 -86).
Paul Lanspery, Administrative Officer, reviewed the agenda report with the
recommendation that Council give final passage to Ordinance No. 1060 as
introduced.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed final passage. Mayor Dunin declared the public hearing
closed.
Moved by Settle/Dove y (4 -0 -1, Griffin absent), Ordinance No. 1060 was
given final passage to repeal previous ordinance in conflict as
recommended.
2. CAPITAL IMPROVEMENT BOARD (File #214)
Council held a public hearing to consider granting final passage to
Ordinance No. 1059, establishing a Capital Improvement Board which would
allow implementation of an Asset Transfer Program, one of three financing
plans for road improvements in and around the Central Coast Plaza
(continued from 3 -24 -86 and 4- 1 -86).
Bobbie Goddard, Finance Director, reviewed the agenda report with the
recommendation that Council give final passage to Ordinance No. 1059
establishing a Capital Improvement Board including the powers and purpose.
Mayor Dunin declared the public hearing open.
Charles Long asked for a review of the Asset Transfer Program.
Mayor Dunin declared the public hearing closed.
7:10 p.m. Councilman Griffin arrived at the meeting.
After review, moved by Rappa /Settle (4 -1, Dovey voting no). Ordinance No.
1059 was given final passage establishing a Capital Improvement Board as
recommended.
3. SUBDIVISION TIME EXTENSION - TRACT 1150 (File #410 -1150)
Council held a public hearing to consider granting a 12 -month time
extension to file the final map for Tract 1150 (Stoneridge One), creating
a 40 -lot residential subdivision at 2877 Broad Street: R -1 -PD zone: John
1 King, subdivider (continued from 4- 1 -86).
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution granting the 12 -month
time extension subject to the original findings and conditions of approval
as recommended.
Dave Romero, Public Works Director, reviewed some of the concerns
previously expressed by Council regarding drainage and suggested ways of
mitigation as agreed and recommended by staff and the developer.
Mayor Dunin declared the public hearing open.
Keith Gurnee. representing John King, spoke to the concerns previously
raised by Council. Upon question by Councilman Griffin, he stated that
the developer would probably be starting the second phase immediately but
CITY COUNCIL MINUTES - TUESDAY, APRIL 15, 1986 - 7:00 p.m. PAGE 4
that it might take over a year to mitigate the drainage problems that
would be inherent with the project and before construction could be
completed. Upon question by Councilman Settle with regard to the drainage
and how it would be mitigated through Meadow Park, Mr. Gurnee stated that
he felt it would take a commitment by both the developer and the City for
this resolve and thought that a storm drainage project had been proposed
by the City to help mitigate this.
Mike Callabry. 555 Lawrence Drive, was concerned that the drainage
problems be resolved before approval is granted.
Roy Hanff, 469 Lawrence Drive, spoke against the time extension, felt that
the developer was not living up to his conditions and should not be
allowed to continue with additional extensions for this project.
Toby Ross stated that this was the first time extension for this
particular tract, although this property has had several time extensions
previously.
Councilman_ Griffin asked that the letter of M.B. Ellis, 531 Mitchell
Drive, San Luis Obispo, be entered into the record. The letter reads as
follows:
"To whom this may concern: I am not concerned about the development
above Lawrence and Mitchell Drive. However, I am concerned about all
the water the City of S.L.O. is dumping into the drain that is on my
property at 531 Mitchell Drive. It is a real problem as they have
directed so much water into this one drain that it is unable to be
contained. It has flooded my house three times, and caused some
extensive damage, and money.
If something isn't done about this I may hope to seek help from my
attorney and ask to have that drain abandoned, or fixed.
I thank you for any consideration on your part. Marjorie B. Ellis &
(Ford B. Ellis deceased)."
Mayor Dunin declared the public hearing closed.
Moved by Rappa /Dovey (4 -1. Griffin voting no), Resolution No.. 5937 (1986
Series), was adopted granting a 12 -month time extension to file the final
map for Tract 1150 as recommended.
4. PARKING (File #551)
Consideration of recommendations regarding final selection of two parking
decks (1B and 3B) located at Palm & Morro and at Marsh & Broad (continued
from 1- 27 -86, 3 -18 -86 and 4- 1 -86).
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that staff bring to Council: 1) contracts for professional
services to design IBI projects 1B and 3B; 2) a financing plan for
construction of projects; 3) an in -lieu fee program; 4) for consideration
during the budget process this spring a proposal for staffing the parking
management program; and 5) a plan to provide for a future project on IBI's
site 2.
Toby Ross. Community Development Director, reviewed the Planning
Commission's report. '
Mavor Dunin declared the public hearing open.
Ron Bearce, 894 Marsh Street, complimented staff on their report and
selection of the site and also the Council for working together with
staff.
Dave Garth, representing the Chamber of Commerce, spoke in support of the
two sites selected and stated that all the response to the Chamber had
been positive.
Terry Simons spoke in support of the project and suggested that rather
than acquiring the property at Marsh & Broad that some negotiation take
place regarding the airspace.
CITY COUNCIL MINUTES - TUESDAY, APRIL 15, 1986 - 7:00 p.m. PAGE 5
Councilman Settle expressed support for the project and the recommended
action.
Councilwoman Dove y made some suggested changes to read: 1) bring to
Council a contract for professional services to design IBI's project 1B;
2) bring to Council a financing plan for construction for the first site
and at lease one additional project; 3) bring to Council an in -lieu fee
program; 4) bring to Council for consideration under the budget review
process this spring a proposal for staffing the parking management
' program; and 5) direct staff to prepare plans to provide future projects
on sites 2 and 3.
Councilwoman Rapp a also supported getting more information on the Riley's
site and did not feel totally committed to only sites 1B and 3B.
Councilman Settle stated he was concerned that they not tie up the
management program waiting on a final determination of site 2.
After discussion, moved by Griffin /Settle (4 -1, Dovey
directed to prepare: 1) design service contracts for
a financing plan for construction; 3) a parking in -li
proposal for staffing the parking management program;
future project on site 2 including structural design.
financing.
voting no), staff
projects 1B & 3B: 2)
°u fee program; 4)
and 5) plan for
need, timing and
8:25 p.m. Mayor Dunin declared a recess. 8:35 p.m. City Council
reconvened, all Councilmembers present.
5. GARBAGE RATES (File *142)
Council held a public hearing to consider a resolution increasing garbage
rates.
Bobbie Goddard, Finance Director, reviewed the agenda report with the
recommendation that Council adopt the resolution granting an increase in
garbage rates of 10% on June 1, 1986, and 10% on January 1, 1987.
Mayor Dunin declared the public hearing open.
Robert Knight, representing the San Luis Garbage Company, spoke in support
of their request and reviewed the various options in financing schemes
they had proposed for their increases. He also reviewed the problems
concerning commercial and multi -unit residential disparity. Upon question
by Councilman Settle, he explained that their insurance had increased to
such an extent that it played a large part in the rate increase.
Charles Dickey, Manager of Mustang Village, was concerned about the
per -unit rate for multi units vs. commercial and felt that there was an
easy way to make this more equitable. He urged the Council to deal with
this tonight rather than waiting.
Mayor Dunin declared the public hearing closed.
Councilwoman Rapp a suggested continuing this item until staff could report
back on the disparity for the multi vs. commercial rates.
Councilman Settle suggested adopting the resolution approving the first
10% increase and having the other come back.
' After brief discussion, moved by Griffin /Settle (5 -0), Resolution No. 5938
(1986 Series), was adopted granting 10% rate increase on June 1, 1986,
with amendment to eliminate Section 2 for second year's rate increase.
Moved by Griffin /Settle (5 -0), staff directed to evaluate the inequity
between multi- family rate payer and commercial rate payer and report back
within 90 days on recommendation to resolve rate disparity, including
appropriate subsequent rate for residential to be effective on or around
January 1, 1987. Staff also to review resolution for readability and
clarity.
CITY COUNCIL MINUTES - TUESDAY, APRIL 15, 1986 - 7:00 p.m. PAGE 6
6. WATERWAYS (File #592)
Council considered an ordinance revising the Municipal Code to provide a
permit process for work in waterways (continued from 3 -18 -86 and 4- 1 -86).
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council introduce the ordinance to print as
recommended.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed ordinance. Mayor Dunin declared the public hearing closed.
Moved by Settle /Griffin (5 -0), Ordinance No. 1061 (1986 Series), was
introduced to print amending the Building and Construction section of the
Municipal Code to provide a permit process for work in waterways as
recommended.
7. GROWTH MANAGEMENT (File #466)
Council considered ranking of.five projects for building permit issuance
under the Growth Management Regulations. Project candidates included: 1)
100 -room Las Brisas Retirement Home at 1299 Briarwood Drive; 2) 100 -unit
residential condominium at 251 Margarita Avenue; 3) 12 -unit residential.
condominium at 480 North Chorro Street; 4) 7 -unit apartment at 2043
Cypress Street: and 5) 21 -unit residential condominium at 1239 Foothill..
Blvd.
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution granting approval of an
exception to the Growth Management Regulations to allow issuance of 19
permits for Las Brisas Retirement Home, and adopt a resolution allowing
issuance of 21 permits for Carhill Condominiums and 4 permits for
Margarita Condominiums.
Mayor Dunin asked for public comment.
William Carlton, owner of Las Brisas, spoke in support of an exception for
their project.
Rob Rossi also spoke in support of an exception for thier project and
submitted a graph showing what they had projected, which indicated that
the 2% growth rate allowed by the Regulations did not happen in the 80's.
He questioned if there was any way of carrying -over the unused portion to
the current statistics.
Dick McCapes, owner of McCapes Condominiums, spoke in support an exception
for their project.
Michael Brady, architect for the Carhill project, also spoke in support of
the need for their exception.
Bob Richmond, representing McCapes Condominiums, questioned the ranking
and requested that staff give a better explanation of how they arrived at
these figures.
Councilman Griffin and Mayor Dunin left the meeting.
10:12 p.m. Vice -Mayor Dove y declared a recess. 10:15 p.m. City Council
reconvened, all Councilmembers present.
John French also asked the Council to look at this 2% growth rate over an
extended period of time, and he felt that the Regulations had not exceeded
the intent.
Keith Gurnee, asked the Council to look at the demographics, and being
consistent with the Regulations, he felt that one of the student housing
findings for Carhill had not been allowed this time but had previously
been allowed. This does not provide consistency.
After discussion moved by Settle /Dunin (3 -2, Dovey and Rappa voting no),
Resolution No. 5939 (1986 Series), was adopted granting exception to allow
19 building permits for Las Brisas Retirement Home; and Resolution No.
5940 (1986 Series), was adopted allowing 21 permits for Carhill
Condominiums and 4 permits for Margarita Condominiums.
1
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CITY COUNCIL MINUTES - TUESDAY, APRIL 15. 1986 - 7:00 p.m. PAGE 7
Councilwoman Dove y did not feel that the Las Brisas Retirement Home
required an exception and, therefore, questioned the method of providing
for this ranking.
8. ADVERTISING SERVICES (File #1059)
Council considered a recommendation by the Promotional Coordinating
Committee to award contract for advertising services for the Promotional
Coordinating Committee ($70.000) (continued from 11- 19 -86).
Mike Alamo, Senior Recreation Supervisor and staffinember to the PCC,
reviewed the agenda report with the recommendation that Council adopt the
resolution approving a Contract with Johnson Design Associates to provide
advertising services of a promotional nature for the City as recommended.
After discussion moved by Dovey / Rappa (5 -0), Resolution No. 5941 (1986
Series), was adopted approving contract with Johnson Design Associates to
provide advertising services for the city with amendments as recommended
by the City Attorney.
Dave Garth, Chamber of Commerce, stated that after review of the proposal,
they withdrew their request for the award of this contract.
Councilman Griffin requested that progress reports be received from the
Promotional Coordinating Committee concerning the Visitors and Conference
Bureau proposed by the Chamber.
9. ASSISTANT CAD POSITION (File #622)
Council considered a resoltuion modifying the duties and compensation of
the Assistant Administrative Officer and appointing Toby Ross to the
position of Assistant CAD.
Paul Lanspery, Administrative Officer, reviewed the agenda report with the
recommendation that Council adopt the resolution modifying the duties and
compensation as recommended.
Moved by Dovey /Griffin (3 -2, Rappa and Settle voting no), Resolution No.
5942 (1986 Series), was adopted modifying duties and compensation of
Assistant Administrative Officer and appointing Toby Ross to the position
as recommended.
Councilwoman Dove y also requested that the Administrative Officer keep the
Council apprised of the progress and effectiveness of the newly- defined
position.
Councilman Settle stated that he could not support the recommendation as
he felt that the position created was too much of an expense and felt that
some of those duties might be better performed by other department heads.
He was also concerned about the relationship between the new and former
Community Development Directors.
10:55 p.m. Councilman Griffin left the meeting.
C O M M U N I C A T I O N S
C -1 City Administrative Officer was requested to report back on status of
Lucille Janisse's request to provide the official song for the City of San
Luis Obispo (4 -0 -1. Griffin absent).
C -2 Public Works Director gave a brief update on the future sewer
treatment plant requirements.
There being no further business to before the City Council, Mayor
Dunin adjourned the meeting at 11:00 p. . to T esday, April 22, 1986, at
7:00 p.m.
Pa ela Voges. City Clerk
APPROVED BY COUNCIL: 8 -19 -86