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HomeMy WebLinkAbout01/18/19830 City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. - Page 2 On- motion of Counci- lwoman Dovey, seconded by Councilman Settle,-.to appoint Leslie Ramsey to the Promotional Coordinating Committee to fill the unexpired teim of Linnaea Phillips, with term to:expire 3 /31/84. Motion carried on the following roll call vote: AYES: Councilmembers Dovey; Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin C 0 N S E. N T. I T• E: M S. C -1 -- CLAIMS AGAINST THE -CITY On motion of Councilman Settle, seconded by Councilman Griffin; - .claims against the city for the month of January 1983 be approved and ordered paid 'subject to the approval'of the Administrative.Officer. Motion carried, Councilman Dunin absent. C -2 CLAIM AGAINST THE CITY - R. RAPP On motion of Councilman Settle, seconded by Councilman Griffin, claim against the city by Roland Rapp in the amount of $155,000 for property damage and personal injury caused from car accident be denied. Motion carried; Councilman Dunin absent. C -3 DESTRUCTION OF CITY RECORDS On motion of Councilman.Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5032 (1983 Series), a resolution of'the Council of the City of San Luis Obispo approving the destruction of certain City. Clerk' records.: Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig'. NOES: None ABSENT: Councilman Dunin C =4 SPECIAL MUNICIPAL ELECTION EXPENSES On motion of Councilman Settle, seconded by Councilman Griffin, that the report by the City Clerk on election expenses for the Special Municipal Election held November 2, 1982, be received and filed. Motion carried, all ayes. C -5 COPYING SERVICES CONTRACT On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5033 (1983 Series), a resolution of the Council of the City-of San Luis Obispo awarding contract to Mike's Copy Room for copying services to the City of San Luis Obispo for one year and authorizing the Mayor to sign. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin 1 1 City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. Page 3 C -6 REPORT ON BIDS - WASTEWATER TREATMENT PLANT DIGESTER NO. 1 MIXER CONVERSION PROJECT'. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was:introduced: Resolution.No. 5034.(1983 Series), a resolution of the Council of the City of San Luis Obispo awarding contract'to C. Boyd Construction for "Wastewater Treatment Plant Digester No. 1 Mixer Conversion Project "; City Plan No. F -17; bid estimate $26,726, without contingencies, in the amount of $32,400. Passed and adopted on the following roll call vote: :AYES:. Councilmembers Settle, Griffin, Dovey and Mayor Billig :NOES: None ABSENT: Councilman Dunin C -7 PLANS AND SPECIFICATIONS - SEWERLINE IMPROVEMENT PROJECT On motion of Councilman Settle, seconded by Councilman Griffin, that plans and specifications for "Sewerline Improvement Project a) Higuera Street,'Nipomo to Chorro and Chorro.Street - Higuera to San Luis Creek; b) Pacific Street, Chorro to Morro and Morro Street, Pacific to Buchon "; City Plan Nos. F -13 and E -17; bid estimates $57,500 and $54,635 respec- tively, without contingencies, be approved and staff authorized to call for bids. Motion carried, Councilman Dunin absent. .' C -8.: QUARTERLY-WATERLINE.AGREEMENT - .VETTER On.motion of'Councilman Settle, seconded by Councilman Griffin, the following:resolution was introduced: Resolution No. 5035 (1983 Series), a resolution of the Council of the,City of San Luis Obispo approving an agreement between the City and Craig Vetter for construction of a waterline in Parker Street as part.of .the•$25,000 Quarterly Waterline Improvement Project (city's share to be $12,500). Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C= 9:.QUARTERLY- WATERLINE AGREEMENT, = PROMONTORY PROJECT 'Council consideredia resolution approving an agreement with Higuera Hill Development for a $25,000 Quarterly Waterline Improvement Project in Dana Street for the Promontory Project (Higuera Hill Development) (City's share to be $10,000). After :.brief discussion it was moved by Councilman.Settle; seconded by Councilwoman Dovey, to continue this item to the February 1, 1983, Council meeting for additional staff report to includeralternatives and cost benefits relative to city needs. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dovey, 'Griffin and Mayor Billig NOES :' None ABSENT: Councilman Dunin C -10 TRAFFIC WORK ORDERS On motion'of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5036 (1983 Series), City Council Minutes Tuesday, January 18, 1983 - 7:00•p:m.. Page 4 a resolution of the Council of the City of' San Luis Obispo approving traffic work orders for the months of October, November and December 1982 as submitted. Passed and adopted on the following roll call voter AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig� NOES: None- ABSENT: Councilman Dunin . , C -11 = FACILITY USE AT CAL POLY - PUBLIC SAFETY FITNESS /MEDICAL AGREEMENTS A. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5037 (1983 Series), a resolution of the Council of the City of'San Luis Obispo approving an agreement with Cal Poly for facility use for Public Safety Health Fitness-Program. Passed and adopted on the following roll call vote: . AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin B. On motion of Councilman Settle,;seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5038 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving medical testing agreements with Dr.. James Webb and Dr. David Bernhardt and authorizing the Mayor to sign. Passed and.adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -12 ADVISORY BODY HANDBOOK On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced:. Resolution No. 5039 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving the revised Advisory Body Handbook and rescinding Resolution.No.'4533.(1981 Series). Passed and adopted on the following roll call vote: AYES:. Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None- ABSENT: Councilman Dunin C -13 ANIMAL REGULATION REDEMPTION FEES On motion of Councilman Settle, seconded by Councilman Griffin, the following Ordinance was introduced: Ordinance No. 945 (1983 Series), an ordinance of the City of San Luis Obispo amending section 4112.2 of the San Luis Obispo Municipal Code to conform with the new.rate:scbedule established by County Animal Control which would increase animal redemp- tion fees. Introduced_and passed to print-on-the following roll call.vote: 1 Fj 1 City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. Page 5 AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -14 SETTLEMENT AGREEMENT - PARISER VS. CITY On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5040 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Eric Pariser for settlement affecting real property at 528 Hathway Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -15 PARKING METER COLLECTION AGREEMENT On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5041 (1983 Series), a resolution of the Council of the City of San Luis Obispo awarding contract to Brinks Inc., (estimated one year cost approximately $26,400) for collection and counting of parking meter revenues. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig ' NOES: None ABSENT: Councilman Dunin P U B L I C H E A R I N G S 1. FINAL PASSAGE OF ORDINANCE NO. 943 - FIRE CODE REGULATIONS Council held a public hearing to consider the final passage of Ordinance No. 943, an ordinance adopting the 1982 Fire Code Regulations as amended (continued from 1/4/83). Mayor Billig declared the public hearing open. Tom Priest, Chairman of the Architectural Review Commission, reviewed the concerns of the ARC and again reiterated that he would urge the Council to delete from the adoption of the amendments to the Fire Code section 10.502 (a) relating to the wood shingle or shake roofs and, further, request that the city determine and designate specific areas Mike Dolder, Fire Chief, reviewed the Council agenda report (file no. 763) giving a review of the three key issues: 1) Sprinkler systems would be required in all new buildings (except owner- occupied single family residences) larger than 4500 square feet in area; 2) wood shake and wood shingle roofs would not be allowed on any new construction; and 3) transportation of nuclear waste or irradiated reactor fuel would require a permit from the Fire Department. He stated that in addition to past citizen input, Pacific Gas and Electric Company was notified of the proposed permit for nuclear waste transportation. He stated a communication was received late today from the Architectural Review Commission objecting to the prohibition of wood shake and shingles as a roof covering. The Fire Department had also been concerned with the visual impact and the aesthetics of the city, he felt the safety afforded ' by this amendment was more important; and he would stand by his original recommendation. Mayor Billig declared the public hearing open. Tom Priest, Chairman of the Architectural Review Commission, reviewed the concerns of the ARC and again reiterated that he would urge the Council to delete from the adoption of the amendments to the Fire Code section 10.502 (a) relating to the wood shingle or shake roofs and, further, request that the city determine and designate specific areas City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. Page 6 within the city as "fire sensitive sites" which would prohib t.certain building materials or require certain fire suppression and control systems as a trade -off for using combustible exterior material. Vic Montgomery, Architect for Richmond, Rossi and Montgomery, questioned the Fire Department's estimate of 85 cents to $1.25 a square foot for sprinkling of residential structures. To demonstrate the true\f -figure of such a modification; he. used as an .example a condominium project of four units or more. being . divided .into:individual.ownership. Such.a:project would`be over 4500 square foot; it wouid be required to -be sprinkled and necessitate individual.sprinkler.systems for each:unit; increasing this cost to closer to $2.00 a square foot. Piercing of the walls to allow for the sprinkling was very costly. John Rarig, President of,the Contractors' Association and Steel:Building Association, stated it was the position of both groups that they would be opposed.to the.adoption of -this ordinance with the recommended amendments. Primarily, their concern was with the sprinklers and the future growth for the City of San Luis Obispo. With regard tolthe sprinklers, they felt that any businessman desiring to expand his business would likely be taxed over his limits to.comply:as.4500 square feet was a very small space. He felt the Fire Department failed to make any realistic correlation betweenicost and.square footage. Their second concern was with future growth in San Luis Obispo. It is vital that the economic life -in San: Luis Obispo County be preserved. The ordinance would supersede both national and building code regulations. He-failed to understand why the city should try to supersede far larger agencies whose only goal was to set necessary standards. He did not feel that the Fire Department has kept in mind.the topography, geographic and climatic conditions of San Luis Obispo in making their recommendations. His organizations would be opposed to the suggested amendments but not to the code as previously adopted. In response Chief Dolder stated that the sprinkler costs were not a result of Prop 13 and that the Fire Department did look at topograph- ical, geographical and climatic conditions. He stated it was unfortun- ate that these comments had come at such a late hour. The Fire'Depart- ment had held a study session on November 16, 1982, to answer questions and receive input:by the public but unfortunately did not receive any at that time. Jay Whisenant, architect representing MDW, apologized for his late comments stating that he had submitted several of:his comments.to, staff. He did not elaborate:on the wood shake shingle issue; however, he was opposed to the restriction. He felt that the 52 percent of "shake roofs existing in San Luis Obispo would not constitute a one -mile radius negative condition-. He-was primarily concerned with the cost impacts. He requested a moratorium be set for at least three months to keep the developments :thatiare already underway from having to:go backland retrace their steps. He was concerned. with Section 10.301A concerning approved automated smoke detector systems: He felt the costs were extremely expensive and dependability was questionable. He felt build- ings over 4500 square feet required to be sprinkled should be studied further. There was also no 25 percent.addition rule. He would like common standards referenced in the document. Regarding Section 10.309 concerning sprinkler systems, he felt the scope was much too broad. The cost of 85 cents and a $1.25 was unrealistic. Non- combustible buildings were excluded from the document and should be acknowledged...He would figure the cost to be close to $2.00 to $2.50 a square foot for sprinkler design and installation. He would like to see the cost benefits analyzed 1 for the 4500 square feet. T. Keith Gurnee was opposed to both.the wood shingle requirement and sprinklers. He felt that a balance needed to be made between beauty and cost. He felt the Architectural Review Commission should be given sufficient time to adequately review the ordinance. He did not feel a total ban of wood shingles should be required and questioned how many fires had been caused in this manner.. With regard to' -the sprinklers, he felt the costs were prohibitive.' Currently, his employer has six City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. Page 7 projects; and they have estimated the cost to be between $1.45 and $3.40 a square foot if this sprinkler requirement was implemented. A sprinkler requirement for condominiums was especially bad and would pose a negative effect on rental housing. He urged an exhaustive cost benefit analysis be performed prior to adoption of the amendment. Vic Montgomery cited the Cedar Condominiums on Madonna Road as being a prime example for reviewing the cost implications. ' Ron Bearce stated he could support the ordinance. It would be a protec- tive ordinance and could work. Mike Dolder stated there was flexibility in the ordinance to look at individual projects separately. He agreed the retroactive costs are in redesign of existing buildings and would be much higher than new construc- tion. He stated that the residential units would not require a complete comprehensive system. He did not feel the ordinance had taken a "cadillac" approach. He cited other Central Coast cities with similar ordinances including Santa Barbara City and County. Further, the communities of Ventura City, Ventura County, Oxnard and Carlsbad also had ordinances similar to the wood shake shingle restrictions. Mayor Billig declared the public hearing closed. Councilwoman Dovey felt there was sufficient flexibility in the ordinance for the Fire Department to look at individual projects. She felt that the safety be the first consideration, and we should try to reduce dangers currently existing. Councilman Griffin felt the Fire Code was not a static document and would urge the speakers not to drop their concerns but to continue their dialogue with safety officials. He would support the ordinance as currently recommended. Councilman Settle stated he would also support the fire ordinance as proposed. He would, however, change the effective date to either 60 or 90 days later. He would like the ordinance to come back for review in one year. Mayor Billig felt it was unfortunate that the comments were not received earlier. The Council was very concerned about aesthetics but held safety and welfare as most important, even if this might increase the cost of construction. She would support a six -month to one -year review. After brief discussion it was moved by Councilman Settle, seconded by Councilman Griffin, to give final passage to the following Ordinance: Ordinance No. 943 (1983 Series), an ordinance of the City of San Luis Obispo adopting the 1982 Fire Code Regulations as recommended with the effective date to be in 90 days and review within one year. Finally passed on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin ' 2. FINAL PASSAGE OF ORDINANCE NO. 944 - TRAFFIC REGULATIONS AMENDMENTS Council held a public hearing to consider the final passage of Ordinance No. 944, an ordinance amendment to the traffic regulations concerning visibility obstruction at intersections (continued from 1/4/83). Dave Romero, Public Works Director, reviewed the Council agenda report (file no. 772) stating that the ordinance was necessary to eliminate conflict with the recent zoning ordinance revisions and would urge its final passage. City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. Page 8 Mayor Billig declared the public hearing open. No one spoke for or against the final passage. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Griffin, to give final passage to the following Ordinance: Ordinance No. 944 (1983 Series), an ordinance of the City of San Luis Obispo amending the traffic regulations concerning visibility obstruction at intersections. Finally passed on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Settle and Mayor Billig NOES: None ABSENT: Councilman Dunin 3. RESOLUTION OF CONDEMNATION Council considered a resolution condemning property located at 861 Palm Street (Shanghai Low Restaurant) required for construction of city's parking garage (continued from 1/4/83). George Thacher, City Attorney, briefly reviewed the Council agenda report (file no. 554) and explained that Tom Dankert had been hired to work with the appraisers and negotiate a property settlement with the property owners and business people within the area of the project for acquiring it and to aid the tenants in relocation. Roger Lyon, attorney representing George Gin, owner of Shanghai Low Restaurant, stated he was requesting a two week continuance so that the good faith negotiations could result in a settlement agreeable to both parties (see letter dated January 18, 1983). At that time staff could monitor the progress of the negotiations and report back to the Council. If the good faith negotiations continue as they have been, it would be requested that the matter again be continued for two weeks with the hope that one month from now rather than considering a resolution to commence the condemnation lawsuit, the Council could instead be executing a negotiated agreement which would serve the interest of both his client and the people of San Luis Obispo. Councilman Griffin would expect that the one month period be a productive one. In two weeks he would like a joint progress report so that Council could give further direction for the final resolution. Mayor Billig stated she was pleased that the family was cooperating with the city. She too would like a progress report within two weeks to be reviewed by the Council. She emphasized the Council's willingness to work with the family, property owner and his family, and resolve the situation. After brief discussion and upon general consensus, Council continued this item for two weeks for a staff report on the negotiation of set- tlement (4 -0 -1). 4. ELECTRONIC GAME AMUSEMENT CENTERS Council considered an ordinance to establish special regulations pertain- ing to electronic game machines and electronic game amusement centers (continued from 3/8/82 and 7/13/82). George Thacher, City Attorney, briefly reviewed the Council agenda report (file no. 705) and stated there was a pass -to -print ordinance before the Council which would regulate electronic game amusement centers. The interim ordinance has been in effect for close to 12 months. Principle among the proposed amendments was a procedure placing with the Council the authority to grant or deny a license based on information provided by the applicant and center staff. The Police Chief would complete a background investigation and submit a 1 1 1 City Council Minutes Tuesday, January 18, 1983 - 7:00 p:m. Page 9 recommendation.to the.Council. The ordinance would take care of potential conflicts between the city's current amusement device machines, tax regulations and the electronic game license regulations proposed here. It also would amend the zoning regulations essentially to delete.the C -N district as a permitted location for electronic game amusement centers and require.a use permit for centers.to be approved by the Community Development Director. This was.a.fairly restrictive.ordinance.,-but these -were the changes.as suggested.by.the,Council at.its last.meeting. One 1 amendment which he would suggest come back after,this,ordinance is adopted would be the deletion of the requirement that 18 year olds and under would be prohibited from playing.any of,the.machines. 'He stated that this condition has not been enforced, and it was his recommendation fo remove the prohibition. Councilman Griffin stated-that it was unfortunate this ordinance had not come.before the.CounciL sooner as:there.may have been prospective applicants that may have been held up waiting for staff to bring this back to the Council. Mayor Billig asked for public input. No one appeared for or against the proposed ordinance. Councilwoman Dovey suggested the following rewording on page.6 of the ordinance, paragraph (g) "Bicycle racks shall be placed within 25 feet of any center, providing at least one bicycle stall for each electronic y. .:game in-the center. "; (h) "Centers shall be closed from 2:00 a.m. to 6:00 a.m. and such other times as the Council may require in approving a license. Page 5, 3. (d) "Centers shall have on duty at all times at least one responsible adult supervisor whose primary duty..." Councilman Settle stated he could in no way support the ordinance. In his. opinion it-:was total_.prohibit on. of any. amusement, c enters. or. video -, games. Rather than a regulation, it was.a prohibition. These machines could well be a passing phenomenon. As a result, he would not support the-ordinance. Councilman Griffin stated he was concerned with the proliferation of this type of activity. He would encourage those who seek to engage in this business to keep up interchange with city officials and bring inequities to the Council's attention.- Mayor Billig.stated we have had very few,applications. She did not feel it was .unduly..restrictive but rather.a new land use much like when billiards first-came into being.. She felt the Council was being proactive, not reactive. Councilman Settle did not feel the, city would ever know how restrictive they've been because many applicants would simply not bother to apply. After brief discussion it was moved by Councilwoman Dovey,,seconded by Councilman Griffin, the following ordinance was introduced to print: Ordinance No. 946 (1983 Series), an ordinance of the City of San Luis Obispo establishing special regulations pertaining to electronic game machines and,electronic• game amusement centers., Introduced and passed to print on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Mayor Billig 1 NOES: Councilman Settle ABSENT: Councilman Dunin . ............ C O M M U N I C A T I O N S A. OCS LEASE SALE 73 After-;brief discussion staff was.directed,to prepare a letter for the Mayor's signature objecting to the EIS process concerning OCS lease sale City Council Minutes Tuesday, January 18, 1983 - 7:00 p.m. Page 10 73 and including specific comments on the scope of what the EIS should include (4 -0 -1). B. BUDGET CUTS AFFECTING OCS STAFFING After brief discussion staff was directed to prepare a letter to Governor Deukmejian for the Mayor's signature, expressing concern regarding proposed budget cuts affecting the Coastal Commission, thereby compromis- ing funding available for OCS staffing (4 -0 -1). , C. CHAMBER OF COMMERCE REPRESENTATIVE Mayor Billig stated she had received a letter from the Chamber of Commerce requesting increased City /Chamber communications and to that end they would send a Chamber representative to future Council meeting to act as the liaison for their Legislative Committee. Communication received and filed (4 -0 -1). D. VANDALISM & LITTER IN CITY PARKING LOTS Mayor Billig stated she had received information from concerned citizens regarding the litter and vandalism in city -owned parking lots and if any of the other Councilmembers were receiving like complaints, to please forward them on to appropriate staff. There being no further business to come before the City Council, Mayor Billig declared the meeting at 8:55 p.m. to Monday, January 24, 1983, for closed session. '1 I i f amela Voges, C i" erk APPROVED BY COUNCIL: 3/1/83 I M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JANUARY 24, 1983 - 12:15 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff , Present: George Thacher, City Attorney 12:20 p.m. City Council adjourned to Closed Session to discuss Personnel matters, all Councilmembers present. 1:21 p.m. City Council reconvened, all Councilmembers present.