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HomeMy WebLinkAbout01/04/1983City Council Minutes Tuesday, January 4, 1983 - 7:00 p.m. Page 2 C -3 CONTRACT PAY ESTIMATES On motion of Councilman Settle, seconded by Councilman Griffin, . .. contract pay estimates and change orders were approved and ordered paid as submitted. Motion carried, Councilman-Dunin absent. C -4 CLAIM AGAINST THE CITY - N. WOODARD Motion,of.Councilman Settle,;seconded by•Council Griffin: claim against the City by Nancy Woodard in the amount of $315 concerning a personnel matter was denied. Motion carried, Councilman Dunin absent. C -S.: CLAIM AGAINST THE CITY - R. OVERMAN Motion of Councilman Settle,.seconded by Councilman Griffin: claim against the City by Ruby Overman in the amount of $114 for bodily injuries sustained from falling on sidewalk as a result of alleged crack in City sidewalk be denied. Motion carried, Councilman Dunin absent. C -6 CLAIM AGAINST.THE CITY - T. LARSEN Motion of Councilman Settle, seconded by :Councilman Griffin:. claim against:the City by Thomas Larsen in the amount of $940.78 for property damage to claimant's truck caused by fallen tree branch on vehicle in the Madonna Plaza area be denied. Motion carried, Councilman Dunin absent. C -7: "'CLAIM AGAINST;THE CITY,- M. JURKOVICH .,Motion of Councilman Settle, seconded by Councilman Griffin: claim against the City by Mary L. Jurkovich in the amount of $1,342.12 for property damage to claimant's car caused by fallen tree branch on vehicle in the Madonna Plaza area be denied. Motion carried, Councilman 1 Dunin absent. C -8 POLICE DEPARTMENT FEES Council considered a resolution to establish fees and charges for the Police Department. Councilman Settle commented that in the future he would like to see fees and charges of all kinds come as a public hearing. On motion of Councilman Griffin, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 5008 ,(1983 Series), a resolution of the Council of the City of San Luis Obispo establishing fees and charges for the Police Department as recommended. Passed and adopted on the following roll call vote:.:. AYES:; Councilmembers Griffin, Dovey, and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Dunin C -9 PLANNING; BUILDING AND ENGINEERING FEES:. Council considered a resolution to establish fees and charges for the .Planning; Building and Engineering departments.. Councilman Settle commented that this item should also have been placed as a public hearing. After brief discussion, it was moved by Councilman Griffin, seconded by Councilwoman Dovey, to adopt the.following resolution: Resolution No. 5009 (1983 Series), a resolution of the Council of the City of San Luis Obispo establishing fees and charges for Planning; Building and Engineering Departments at an approximate 10% increase as.recommended by staff. City Council Minutes Tuesday, January 4, 1983 - 7:00 p.m. Page 3 Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Dunin C -10 FACILITY USE AT AGREEMENTS Council considered a for facility use for resolution approving Dr. James Webb and D Fitness Program. CAL POLY - PUBLIC SAFETY FITNESS PROGRAM /MEDICAL , resolution to approve an agreement with Cal Poly a Public Safety Health Fitness Program and a second medical and physiological testing agreements with r. David Bernhardt for the Public Safety Health Councilman Griffin stated he had difficulty with the staff report; it was not well documented, the agreements were not in a standard model and the objectives and specifics were not clearly outlined. After brief discussion, this item was continued to the January 18, 1983 Council Meeting for further staff report and clarification. (4 -0) C -11 FEDERAL SURPLUS PROPERTY On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5010 (1983 Series), a resolution of the Council of the City of San Luis Obispo designating certain city officials as representatives to acquire Federal surplus property. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig ' NOES: None ABSENT: Councilman Dunin C -12 STREET ABANDONMENT - SIERRA WAY On motion of Councilman Settle, seconded by Councilman Griffin, the following Resolution of Intention was adopted: Resolution No. 5011 (1983 Series), a Resolution of Intention setting public hearing for February 1, 1983, at 7:00 p.m. for discussion of the abandonment of Sierra Way northerly of Ella Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -13 PROMOTIONAL COORDINATING COMMITTEE GRANT CONTRACTS On motion of Councilman Settle, seconded by Councilman Griffin, the following resolutions were introduced: Resolution Nos. 5012 - 5029 (1983 Series), resolutions of the Council of the City of San Luis Obispo approving grant monies for the following organizations: 1. San Luis Obispo Art Association $ 3,000 2. Associated Students Poly Royal 875 3. Business Improvement Area 1,200 4. Central Coast Children's Theatre 29500 5. Central Coast Variety Society 2,000 6. Civic Ballet 29500 1 1 1 City Council Minutes Tuesday, January 4, 1983 - 7:00.p.m. Page 4 7. Cuesta Belles 500 8. Gold.Coast Chorus .500 9. India,.Inc... 500 . 10. KCBX, Inc.. 2,500 11. Mozart Festival 5,000 12: Miss City of San Luis Obispo Pageant 150 13. Presidential Classroom for Young Americans 400 14. SLO County Band 1,800 15. SLO'County Symphony 5,000 16. SLO County Youth Symphony. .1,500 . •17. 'SLO Little Theatre 3,500 .•18...Vocal Arts Ensemble .. 1,000. ..Total .$34,425 Resolutions passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig ..NOES:. None: —ABSENT: Councilman Dunin . C -14 .CONTRACT FOR CONSULTING SERVICES - STRATEGIC PLANNING PROGRAM On'motion of Councilman Settle, seconded by Councilman Griffin, the following.resolution ..was introduced: 'Resolution No..5030 (1983 Series), •a.resolution.of the Council.of the City.of San Luis Obispo approving a contract with Angus McDonald and Associates for consultant services as part of the Strategic.Planning Program, total contract:$29,000. 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: FIRE CODE REGULATIONS REVISIONS Council-held a public.hearing to consider an ordinance to adopt the 1982 Fire Code Regulations as amended. Mike::Dolder,•:Fire Chief, reviewed the Council.agenda.report.(file # 726) stating there were three key issues in the new regulations: 1) Sprinkler systems would.be- required in all.new buildings larger than 4500 square feet in area; this would eliminate the present requirement for heat. detectors. The height of a building (over 35 feet) and the number of stories (three or more) would require the installation of a sprinkler system in new construction. New construction which has-sparking stalls attached to residential units would be required to have sprinkler heads over',each:parking area. All existing buildings or.structures with a total floor area exceeding 4500 square feet; which undergo addition in excess of.25% of the original.floor area ;,,would require.a sprinkler system;. 2) Wood.shake and.wood,shingle roofs would not..be allowed on any new construction. Reroofing of existing roofs would be permitted with like materials. In.cases where buildings to be reroofed already have ' %different materials used in previous•.roof coverings, the least combstible.covering would be required.:: The Code:amendment would not apply to.-reroofing or remodeling of any building.which had.wooden.shakes or shingles as:the sole roof covering; and 3) Transportation of nuclear waste or irradiated reactor fuel in the City would.require a permit from the Fire Department. Transportation methods include; vehicle, vessel, aircraft or other carrier. He.urged. the Council:to take public testimony and then introduce the ordinance to print in synopsis form, which would include any amendments.proposed . by Council this evening. City Council Minutes Tuesday, January 4, 1983 - 7:00 p:m. Page 5 Councilwoman Dovey wanted to impress upon the public the fact that wood shingle roofs were extensive throughout the•City (52%), which is extremely hazardous. She would encourage people to look to alternative roofing methods even if the Fire Code does not regulate roofs currently existing. Councilman.Settle was concerned that insurance carriers do not recognize different roofing materials to allow-a break to the homeowner. Upon question, Fire Chief Dolder explained that if'a homeowner did not comply with the new regulation it would not invalidate his insurance. However, it.would be an infraction of the-City Code. With regard to alternative roofing, he explained that there were less expensive roofs than wood shingle, although they were not necessarily as aesthetically pleasing. Mayor Billig declared the public hearing open. Clell Welchel, 1255 Orcutt Road and an owner of a commercial building located at 2885 South Higuera Street, said the ordinance provisions could affect his structure. He was primarily concerned with the require- ment that sprinkler systems be installed in commercial buildings. He stated that some customers will not store material in buildings if sprinklers are-used as opposed to the heat alarm system.. They preferred the heat alarm system because in many cases the water could be more destructive than'a fire. He also questioned the'high cost involved in the installation of a sprinkler system.. He.felt.a provision should be made to allow some buildings to be exempt from the sprinkler requirement. Larry Meredith, 2316 Helena Street and a tenant in Mr. Welchel's building, agreed with comments made by Mr. Welchel. He felt it was very difficult to operate a business in the City because laws were being continually changed affecting the same piece of property. He cited the requirement to disallowipaiking in the.front,of. their . building. He said if.is very difficult to enter the building due to the parking requirement. He, too, felt that the sprinklers could do far more damage than a fire. Electrical appliances housed in such a building would be especially vulnerable if a sprinkler went off. Mayor Billig declared the public hearing closed. After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Settle, that the following ordinance be introduced: Ordinance No.-943 (1983•Series), an ordinance :of the Council of the City- of'San Luis Obispo adopting the 1982 Fire Code - Regulations in synopsis form. Introduced :and passed to print on the following roll call vote::- AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig.. NOES: None. - ABSENT: Councilman Dunin 2. FINAL PASSAGE OF ORDINANCE 940 - GROWTH MANAGEMENT REGULATIONS Council held a,public- hearing to consider the final passage of Ordinance 940, -an ordinance revising the•Growth Management Regulations (continued from 2/22/82,,11/16/82 and 12/7/82): Toby Ross, Community Development.-Director, reviewed the Council agenda report (file # 466) stating that Council had introduced the Growth Management Regulations as,found in.the Council'-s packet this evening with no changes. The ordinance'is now ready for final passage and he would urge approval. Mayor Billig declared the public hearing open: No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. a D 1 1 City Council Minutes Tuesday, January 4, 1983 - 7:00 p.m. Page 6 On motion of Councilwoman.Dovey, seconded:by Councilman Settle, Ordinance No. 940 was given final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin 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 ,structure. Mayor Billig stated it was.her feeling that in deference to the letter submitted by the property owner's attorney, Norman Lew,.that this item be deferred until the January 18, 1983 Council Meeting in order for their legal counsel to be present. She stressed the.need to move ahead on this item and strongly encouraged that someone be present at the -,following meeting, as the Council must soon take.an action. -Councilmembers concurred with statements made by Mayor Billig and upon general,consensus, continued this item to January 18, 1983 (4 -0). 4. TRAFFIC REGULATIONS AMENDMENTS Council considered an ordinance amendment to the Traffic Regulations concerning visibility obstruction at:intersections. Dave Romero, Public Works Director, reviewed the Council agenda report (file # 772) and explained that when the Council recently approved the new zoning ordinance, it included a modification concerning allowable heights of objects at intersections in what is called "corner cutoffs ". The reason for.the.zoning; ordinance- change was to allow the City Engineer to vary the "corner cutoff" setback area to accommodate encroachments into -the cutoff area where traffic controls exist.:;In order to carry out the intent of that zoning ordinance change, the Traffic Regulations ordinance needed modification. The,ordinance incorporated -the wording change to correspond almost identically to that stated in the Zoning Ordinance. �He- recommended the Council review the proposed ordinance and pass it to print. Mayor Billig asked for public comment. Virginia,White asked the Council to keep in mind that to simply take down,the hedges,with no thought to.red- curbing would .still not be sufficient. After -brief discussion, it was moved -by:,Councilman Settle,•seconded by Councilwoman Dovey, that the following ordinance be introduced to print: Ordinance No. 944 (1983 Series), an ordinance of the City of-San Luis Obispo amending the Traffic Regulations concerning obstructions to visibility at intersections. Introduced and passed to print on the following roll call vote: iAYES: Councilmembers Settle, Dovey, Griffin and Mayor Billig. NOES: None ABSENT:::Councilman Dunin Councilman Settle also asked.that staff be:encouraged to.keep striping and red - curbing in mind as part of the cutoff requirements. City Council Minutes Tuesday, January 4, 1983 - 7:00 p.m. Page 7 5. SUBDIVISION AGREEMENT EXTENSION -•EXPOSITION PARR =: Council considered a resolution to grant a one -year time extension of the subdivision agreement for Tract 808 (Exposition Park) Utiit-IV, to allow for completion of public improvements located at Exposition Drive and Woodbridge Street; Garin Investments, subdivider. Dave Romero, Public Works Director, reviewed the council agenda report (410 -808) stating the Community Development and Public Works Directors feel that a maximum of a one -year time extension should be granted at this time and that an additional surety of 10% be required due to inflation for the additional year, in addition to the building permit limitations recommended. He explained the developer had requested a ,two -year extension but staff felt the'one -year extension would be sufficient.' -Staff recommendation was for Council adoption of :the resolution extending the time one year to complete the public improvements subject.to satisfactory evidence of extension of•the subdivision guarantee with an increase of 10% in the amount of the bond and written notice from the subdivider agreeing to the witholding of building permits for'lots 1 -12 and-53-61 until completion of the Exposition Drive access to South - Street. - -•- After brief discussion; it was moved by Councilman Settle, seconded by Councilwoman Dovey, to adopt the following resolution: Resolution No. 5031.(1983 Series), a resolution of the Council of the City of San Luis Obispo approving an'amendment to the subdivision agreement for Tract 808. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey; Griffin. and Mayor Billig NOES: None ABSENT: Councilman Dunin 1 6:' PLANS AND SPECIFICATIONS - EXPANSION'OF WASTEWATER TREATMENT'PLANT Council considered plans and specifications for "Expansion of-,Wastewater Treatment Plant ", City Plan No. G -41, bid estimate $3,598,600 (city's share $560,094) without contingencies. Dave Romero, Public Works Director, reviewed the council agenda report (file # 83 -01). He was recommending Council approval..of the plans and specifications with authorization to staff to advertise for bids. After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Settle, to approve plans and specifications and authorize staff to- advertise forbids: Motion carried on the following-:roll call vote: AYES: Councilmembers:Dovey, Settle; Griffin and Mayor.Billig.• NOES: None -. ABSENT: Councilman Dunin C O M M U N I C A T I O N'S 1. Consideration of alternative funding for expansion of City:-.County Library After brief discussion, it was moved by Councilman Settle, seconded by Councilman Griffin, to authorize the Mayor to write a- letter to the County accepting their offer to work together on alternatives for the expansion of the City- County Library.' Motion carried on the following roll call vote: City Council Minutes Tuesday, January 4, 1983 - 7:00 p.m. Page 8 AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin 2'., Request for Garbage Rate•_Increase After brief discussion, it.was moved by Councilman Settle;lseconded by ' Councilman Griffin, to authorize the Mayor to write a letter to San Luis Garbage Company to engage Peasley Accountancy Corp. to perform a rate analysis, with fees to be paid by them prior to setting for public hearing. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin 3. Resolution of Appreciation'from'the Chamber of Commerce to the Council received and filed (4- 0 -1).. 4. Thank you letter from retiring Supervisor Howard Mankins received and filed (4 -0 -1). ;' 5. Palm Street Propert NOES: None ABSENT: Councilman Dunin Geoff Grote, Assistant Administrative Officer, gave a progress report from the bid for sale of the Palm Street property opened by the Council on September 1, 1981. The City had received a bid of $506500 on the half -acre lot from Professional Investors Syndicate. No other bids had been received, but a'minimum bid of $450,0W had been established. The terms of the bid stated that escrow would close not more than 15 months from date of acceptance of bid, the refundable deposit of $10,000 to be returned in the event escrow did not close. Because the proceeds of sale were earmarked for funding the Parking Program, he was requesting that Council review two options as follows: 1) The City return the $10,000 deposit and give notice to Professional Investors•Syndicate that their'bid•had'expired. The Council might wish to have the property place& back. onithe,market'and conduct an appropriate ad campaign to find another buyer or hold the .parcel off the market until the economic climate improved. 2) Staff contact Professional Investors Syndicate with an eye towards securing their performance. This would involve including 12 escalation periods which would-raise the bid price to approximately $560,000. He noted that the City could not force or require Professional Investors Syndicate to complete the purchase. If the property was not sold, the City should recognize that a $500,000 contribution to the Parking= Program would come from another source. This could either be taken from the 1983/84 CIP or the Council could consider increasing the bonded indebtedness by $500,000. After brief discussion, it was moved by Councilman Griffin, seconded by Couincilman Settle; to approve option one to return the $10',000 to Professional Investors Syndicate which was used as a bid guarantee for puichase'of the .property located at Palm and Osos Itreet, and .further recommend staff seek other alternatives for the property, including funding in connection with the garage property. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and:Mayor Billig NOES: None ABSENT: Councilman Dunin City Council Minutes Tuesday, January 4, 1983 - 7:00 p.m. Page 9 8:30 p.m. City Council adjourned to closed session to discuss litigation and personnel matters. 11:30 p.m. City Council reconvened in open session, Councilman Dunin absent. There being no further business to come before the City Council Mayor Billig adjourned the meeting at 11:32 p.m. to Monday, January 10, 1983, at 12:10 p.m. to discuss personnel matters in to ed session. I "mela Voges, Cit Clerk APPROVED BY COUNCIL: 3/1/83 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 11, 1983 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Robert Griffin, Allen Settle and Mayor I Melanie C. Billig Absent: Ron Dunin City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Terry Sanville, Senior Planner 1. HILLSIDE PLANNING PROGRAM The Council continued its public hearing to consider the Hillside Planning Program concerning preservation of open space areas and limiting development on hillsides surrounding the San Luis Obispo community (continued from 11/23/82 and 12/7/82). Mayor Billig briefly reviewed the history of the Hillside Planning Program and the effects that some of the proposed amendments could have on the general plan map and general text. Tonight's Study Session would be limited to Council discussion only. Toby Ross, Community Development Director, reviewed the recommended general plan and zoning changes for each of the six hillside planning areas, as well as general standards that would apply to each area. The recommendations are in the form of changes to the city's General Plan, zoning map and the Land Use Element text. He would request that Council direct staff to come back with the suggested amendments at a future review date when final action would be taken. The Council began its review of the Hillside Planning Program on page 9 of the report, Introduction, General Hillside Standards.