HomeMy WebLinkAbout07/16/1985CITY COUNCIL MINUTES - TUESDAY, JULY 16, 1985 - 7:00 P.M. PAGE 2
Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Roger Picquet, City
Attorney; Pamela Voges, City Clerk; Toby Ross, Community
Development Director; Dave Romero, Public Works Director;
Mike Dolder, Public Safety Director; Geoff Grote, Assistant
Administrative Officer; Nancy Knofler, Transit Manager
C O N S E N T A G E N D A
On motion of Councilman Settle, seconded by Councilman Dunin, the Consent
Agenda was unanimously approved as recommended by the City Administrative
Officer with the exception of items C -3 and C -10 as noted. The following
actions taken as indicated:
C -1 COUNCIL MINUTES
Minutes of Tuesday, June 4, 1985 - 7:00 p.m. approved as amended (5 -0).
C -2 PLANS AND SPECIFICATIONS - TRAFFIC SIGNAL INSTALLATION
Plans and specifications approved as recommended for "Traffic Signal
Installation on Los Osos Valley Road at Laguna Lane and at Royal Way, City
Plan Nos. K29C and K30C," bid estimates are $63,000 (5 -0).
C -3 TRAFFIC WORK ORDERS
Resolution No. 5727 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving traffic work orders for period
April 1, 1985, through June 30, 1985, as recommended (4 -1, Councilman
Dunin voting no).
C -4 REPORT ON BIDS - DOWNTOWN SIDEWALK RECONSTRUCTION PROJECT (File
#85 -12)
Resolution No. 5728 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted as recommended awarding contract to Nick
Pokrajac in the amount of $135,042 for the Downtown Sidewalk Reconstruc-
tion Project on Monterey Street between Morro and Chorro Streets, City
Plan No. J17B; bid estimate $120,000, without contingencies; bids opened
on July 3, 1985 (5 -0).
C -5 REPORT ON BIDS - SEWERLINE IMPROVEMENT PROJECT (File #85 -11)
Resolution No. 5729 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted awarding contract to R. Baker, Inc., in the
amount of $45,445.50 for Sewerline Improvement Project in Santa Maria and
Santa Ynez Street, City Plan No. H25R; bid estimate $45,550, without
contingencies; bids opened on July 3, 1985 (5 -0).
C -6 PROFESSIONAL ADVERTISING AGREEMENT (File #471)
Resolution No. 5730 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving one -year agreement with Tom Jones
Creative Advertising to provide professional services for the City for
period July 1, 1985, through June 30, 1986, as recommended (5 -0).
C -7 EXTENSION OF AUDIT AGREEMENT (File #223)
Resolution No. 5731 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted as recommended approving extension of
agreement with Peat, Marwick, Mitchell and Co., through June 30, 1986, for
preparation of the annual audit for fiscal year 1985 -86, which includes
acceptance of the reduction of fees for fiscal year from $39,900 to
$36,300 (5 -0).
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CITY COUNCIL MINUTES - TUESDAY, JULY 16, 1985 - 7:00 P.M. PAGE 3
C -8 LANDLORD /TENANT INSPECTION SERVICE (File #1041)
C -10 CULTURAL RELATIONS WITH AUSTRIA (File #859)
Councilman Dunin requested that any agreements with regard to a sister
city come back to the City Council for formal action. Council concurred
(5 -0).
Councilman Griffin also recommended some changes to the resolution which
would include the understanding that no costs would be incurred by the
City of San Luis Obispo as a result of the negotiations for a sister city
program. Council concurred (5 -0).
Resolution No. 5734 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted authorizing Mayor to meet with Austrian
officials of Mondsee, Salzburg and Vienna to discuss and implement sister
city program with Mondsee and other cultural relations as amended (5 -0).
P R E S E N T A T I O N
A. APPRECIATION TO FIREFIGHTERS
Mayor Billig presented a Resolution of Appreciation to Mike Dolder, Public
Safety Director, to express the thanks to all County -wide Fire crews and
community support services for their efforts in protecting the city from
the Las Pilitas fire.
P U B L I C H E A R I N G S
1. FINAL PASSAGE OF ORDINANCE NO. 1039 - DATUM PLANE /STREET CROSS
SECTIONS (File #532)
Council held a public hearing to consider giving final passage to
Ordinance No. 1039, repealing Chapter 1.24, Title 1 of the Municipal Code
regarding city datum (elevations) and street cross sections, and adopting
a new section in Chapter 12 entitled "Datum Plane," under Streets,
Sidewalks and Public Places (continued from 7- 2 -85).
Dave Romero, Public Works Director, briefly reviewed the agenda report
with the recommendation that Council give final- passage to the ordinance.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed ordinance. Mayor Billig declared the public hearing
closed.
On motion of Councilman Dunin, seconded by Councilman Settle, Ordinance
No. 1039 (1985 Series), was given final passage as recommended (5 -0).
2. FINAL PASSAGE OF ORDINANCE NO. 1040 - SOLID WASTE DISPOSAL (File #524)
Council held a public hearing to consider giving final passage to
Ordinance No. 1040, amending the Municipal Code regarding solid waste
disposal, including prohibiting disposal in creeks and drainage ways
(continued from 7- 2 -85).
Dave Romero, Public Works Director, briefly reviewed the agenda report
with the recommendation that Council give final passage to the ordinance.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed ordinance. Mayor Billig declared the public hearing
closed.
Resolution No. 5732 (1985 Series), a resolution of the
Council
of the City
of San Luis Obispo was adopted approving agreement with
Advocate to
provide Landlord /Tenant Inspection Services for period
July 1,
1985,
through December 31, 1985, as recommended (5 -0).
C -9 TRANSPORTATION DEVELOPMENT ACT CLAIMS (File #1155)
'
Resolution No. 5733 (1985 Series), a resolution of the
of San Luis Obispo was adopted approving annual claims
Council
for the
of the City
LTS
($678,320) and STA ($69,477) funds as recommended (5 -0).
C -10 CULTURAL RELATIONS WITH AUSTRIA (File #859)
Councilman Dunin requested that any agreements with regard to a sister
city come back to the City Council for formal action. Council concurred
(5 -0).
Councilman Griffin also recommended some changes to the resolution which
would include the understanding that no costs would be incurred by the
City of San Luis Obispo as a result of the negotiations for a sister city
program. Council concurred (5 -0).
Resolution No. 5734 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted authorizing Mayor to meet with Austrian
officials of Mondsee, Salzburg and Vienna to discuss and implement sister
city program with Mondsee and other cultural relations as amended (5 -0).
P R E S E N T A T I O N
A. APPRECIATION TO FIREFIGHTERS
Mayor Billig presented a Resolution of Appreciation to Mike Dolder, Public
Safety Director, to express the thanks to all County -wide Fire crews and
community support services for their efforts in protecting the city from
the Las Pilitas fire.
P U B L I C H E A R I N G S
1. FINAL PASSAGE OF ORDINANCE NO. 1039 - DATUM PLANE /STREET CROSS
SECTIONS (File #532)
Council held a public hearing to consider giving final passage to
Ordinance No. 1039, repealing Chapter 1.24, Title 1 of the Municipal Code
regarding city datum (elevations) and street cross sections, and adopting
a new section in Chapter 12 entitled "Datum Plane," under Streets,
Sidewalks and Public Places (continued from 7- 2 -85).
Dave Romero, Public Works Director, briefly reviewed the agenda report
with the recommendation that Council give final- passage to the ordinance.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed ordinance. Mayor Billig declared the public hearing
closed.
On motion of Councilman Dunin, seconded by Councilman Settle, Ordinance
No. 1039 (1985 Series), was given final passage as recommended (5 -0).
2. FINAL PASSAGE OF ORDINANCE NO. 1040 - SOLID WASTE DISPOSAL (File #524)
Council held a public hearing to consider giving final passage to
Ordinance No. 1040, amending the Municipal Code regarding solid waste
disposal, including prohibiting disposal in creeks and drainage ways
(continued from 7- 2 -85).
Dave Romero, Public Works Director, briefly reviewed the agenda report
with the recommendation that Council give final passage to the ordinance.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed ordinance. Mayor Billig declared the public hearing
closed.
CITY COUNCIL MINUTES - TUESDAY, JULY 16, 1985 - 7:00 P.M. PAGE 4
On motion of Councilwoman Dove y, seconded by Councilman Settle, Ordinance
No. 1040 (1985 Series), was given final passage as recommended (5 -0).
3. FINAL MAP APPROVAL - TRACT 998 (File #410 -998)
On motion of Councilman Dunin, seconded by Councilwoman Dove y, to continue
the public hearing at the request of the subdivider to date certain
August 6, 1985, to consider granting final map approval for Tract 998
(Sierra Alta), creating a 76 -unit residential air -space condominium
complex at 95 Stenner Street; R -4 zone; Smith, Andrews & Piperato,
subdividers. Motion carried (5 -0).
4. PROPOSED SUBDIVISION - TRACT 1268 (File #410 -1268)
Council held a public hearing to consider a Planning Commission recom-
mendation to grant tentative map approval for Tract 1268, creating an
11 -lot commercial subdivision at the San Luis Mali site, 353 Madonna Road;
C -R -PD zone; William and Marilyn Bird, subdividers.
Toby Ross, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt the resolution approving
the tentative map with findings and conditions as recommended.
Mayor Billie declared the public hearing open.
Bill Bird, subdivider, stated that he and the engineer Roger Longdon were
available to answer any questions. He indicated that that it would appear
that a decision had been reached with the Dalidios regarding Zozobra
Street as requested by the Council. With regard to comments made earlier
by Councilmembers on the tree planting that should have been completed on
the Post Office property, he stated that after having talked with Post
Office officials in Sacramento, it would appear that the tree planting
agreed to by the Post Office over two years ago was finally going to be
dealt with, as a result of their negotiations.
Mayor BilliQ declared the public hearing closed.
On motion of Councilman Settle, seconded by Councilman Griffin, Resolution
No. 5735 (1985 Series), a resolution of the Council of the City of San
Luis Obispo was adopted granting tentative map approval for Tract 1268
with findings and conditions as recommended (5 -0).
S I N E S S I T E M
5. PROPERTY LEASE /OPTION - 860 PACIFIC STREET (File #551)
Council considered the lease /option to purchase property at 860 Pacific
Street, owned by Knight, Towle, Sage &,Johnson (purchase price $445,000).
Geoff Grote, Assistant Administrative Officer, reviewed the agenda report
with the recommendation that Council approve the lease with the option to
purchase the property upon approval of the preliminary report by the City
Attorney.
Mayor Billie asked for public comment.
John French, representative, spoke in support of the option urging the
Council to also support it.
Councilman Griffin recommended a revision to the resolution.
On motion of Councilman Settle, seconded by Councilwoman Dovey, Resolution
No. 5736 (1985 Series), a resolution of the Council of the City of San
Luis Obispo was adopted approving lease with the option to purchase
property at 860 Pacific Street from Sage & Johnson as amended by
Councilman Griffin (5 -0).
6. SAN LUIS OBISPO TRANSIT SUBSIDY (File #541)
Council considered an agreement with California Polytechnic State
Universtiy for bus route subsidy for San Luis Transit ($49,870 revenue to
the city).
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CITY COUNCIL MINUTES - TUESDAY, JULY 16, 1985 - 7:00 P.M. PAGE 5
Nancy Knofler, Transit Manager, reviewed the agenda report with the
recommendation that Council authorize the Mayor to execute the agreement
with Cal Poly for bus route subsidy.
On motion of Councilman Griffin, seconded by Councilman Settle, Resolution
No. 5737 (1985 Series), a resolution of the Council of the City of San
Luis Obispo was adopted approving Interagency Agreement #85/037 with Cal
Poly for bus route subsidy as recommended (5 -0).
' 7:55 p.m. Mayor Billi declared a recess. 8:05 p.m. City Council
reconvened, all Councilmembers present.
7. GARBAGE FRANCHISE (File #145)
Council considered options concerning the city's garbage franchise due to
expire March 1, 1987.
Dave Romero, Public Works Director, reviewed the agenda report requesting
Council to approve staff recommendation.
Mayor Billig asked for public comment. None was forthcoming.
On motion of Councilwoman Dove y, seconded by Councilman Griffin, staff
recommendation for the strategy to be used in renewing the garbage
franchise was approved (5 -0).
8. RELEASE OF BONDS - TRACT 683 (File #410 -683)
Council considered release of bonds for Tract 683 located at 850 Los Osos
Valley Road; Stan Bell, subdivider.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council direct staff to permit planting of seven trees
' in the park area and require the fence at the edge of the marsh or rear
property line in order to provide completed improvements for the tract,
thereby allowing exoneration of the bonds.
Mayor Billig asked for public comment.
Stan Bell, subdivider, stated the property owners were already living
there, had landscaped their properties, they did not need or want the
trees and should be deleted. With regard to the requirement of the fence,
he stated that some property lines extended up to 75 feet into the marsh
area and to put a fence at the edge of the marsh would infringe upon their
property rights. If it was placed at the rear property line, it would be
so far into the marsh that it would serve no real purpose.
Councilman Dunin was concerned about the legality of requiring placement
of the fence at the edge of the marsh, thereby infringing on their
personal property.
Councilman Griffin questioned that should the fence be required, would the
condition that included landscaping still be required.
Toby Ross, Community Development Director, interpreted the condition to
require fenced landscaping for all fenced properties including those
located in the marsh area.
Stan Bell stated it was his understanding that this condition applied only
to the street side, and it would be senseless to require landscaping in
the marsh area.
After discussion it was moved by Mayor Billig, seconded by Councilwoman
Dove y, to approve the staff recommendation to require the planting of the
seven trees in the park area rather than in the city's easement of the
property owner's front yard and require fencing at the edge of the marsh
or the rear property line as determined by the developer including fenced
landscaping. Motion passed on a 3 -2 vote, Councilmembers Dunin and
Griffin voting no.
CITY COUNCIL MINUTES - TUESDAY, JULY 16, 1985 - 7:00 P.M. PAGE 6
9. APPEAL FEES (File #407)
Council considered the city's appeal fee structure which the current
policy provided for $40 per appeal at each level.
Toby Ross, Community Development Director, reviewed the agenda report
stating that staff recommendation that the appeal policy stay as it
currently is.
Mayor Billig asked for public comment. '
Richard Schmidt, Planning Commissioner, spoke in support of eliminating
the fee.
Laverne Schneider also spoke against the appeal fee. She, as a member of
Old Town Association, felt that Old Town Association would also agree with
eliminating it as it could deny some people an opportunity to speak
against an item.
Don Smith, 1111 Vista Del Lago, also spoke against the fees.
Pete Evans submitted a letter opposing the appeal amount.
Penny Rappa also requested that Council reconsider the charge for
appeals. She felt that the public should feel free to discuss any
problems that they have with an issue before the Council.
Mayor Billig had concerns with regard to the $40 fee as she felt it could
be too much for some citizens to pay, and she felt it was important to
encourge citizen participation.
Councilman Settle agreed. He did not feel that the appeal process had
been abused and considered the fee a form of an administrative charge.
He, too, would support its elimination.
Councilman Dunin felt that the appeal charge had been established because
the appeal had been abused previously. He felt that the fees were way
below what the real costs were. He would be willing to accept petition
signatures in lieu of a dollar amount if the person was unable to pay.
After discussion and on motion of Councilman Griffin, seconded by
Councilman Settle, to direct staff to prepare a resolution reciting
specific findings to set the appeal fee at zero and rescind the previous
resolution in conflict. Motion carried (5 -0).
C O M M U N I C A T I O N
C -1 Staff was invited to participate at the "Las Pilitas Firebusters
Bash" on Friday, July 19, 1985, from 4 -8 p.m. at Cuesta Park.
There being no further business
to come before the City Council, Mayor
Billig adjourned the
meeting at
9:25 p.m. to Monday, July 22, 1985, at
12:10 p.m. to discuss
mid -year
reviews of the City Administrative Officer
and City Attorney,.-,------'-,
r'
Pamela
Voges, City
Clerk
APPROVED BY COUNCIL:
9 -3 -85
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