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
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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.
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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
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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.