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HomeMy WebLinkAbout04/12/1983City Council Minutes Tuesday, April 5, 1983 - 7:00 p.m. Page 11 2. On motion of Councilman Griffin, seconded by Councilman Settle, to support the City of Vista's resolution to oppose the Federal Government's action to provide community development block grant programs for only cities of 50,000 or more populace. Motion carried, all ayes. 3. Staff was directed to prepare resolution concerning the condominium conversion issue relative to Speaker Brown and Senator Mello in a clipping from the Los Angeles Times dated April 5, 1983. 4. Councilman Settle requested that councilmembers contact him concerning their attendance of the Channel Counties, League of California Cities, Division meeting to be held Friday, April 15, 1983. 9:20 p.m. Mayor Billig adjourned the meeting to closed session to discuss Personnel and Litigation measures. 10:45 p.m. City Council reconvened, all councilmembers present. There.being no further business to come before the City Council, Mayor Billig adjourned the meeting at 10:45 p.m. to sday, April 12, 1983, at 7:00 p.m. in the Council Chamber. amela oges, ty Clerk APPROVED BY COUNCIL: 5/17/83 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 12, 1983 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K. Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Roger Neuman, Police Chief; Bruce Fraser;. MDW; Anne Russell, Assistant City Attorney ' --------- - - - - -- - ------------------------------------------ - - - - -- A -1 CITY ATTORNEY TRANSITION After brief discussion and on motion of Councilman Settle, seconded by Councilman Griffin, the following resolution be adopted: Resolution No. 5088 (1983 Series), a resolution of the Council of the City of.San Luis Obispo authorizing the retaining of Arthur J. Shaw Jr., attorney, on an as needed basis to assist in the transition of the current City Attorney City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m. Page 2 leaving and appointing Geoff Grote as Acting City Attorney effective May 20, 1983:. . Passed and adopted -on the.following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor•Billig NOES: None ABSENT: None : A -2 RESOLUTION OPPOSING SB259 After brief discussion and on motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution be adopted: Resolution No. 5089 (1983 Series), a.resolution of the Council of the City of San.Luis Obispo opposing Senate Bill 259 (Mello) as an unwarranted intrusion into local affairs and requesting that each member.of the assembly join in opposing this legislation. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None A -3 MOBILE HOMES On motion of Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5090 (1983 Series), a resolution of the Council of the City of San Luis Obispo clarifying the intent of the cost of living increases permitted by the city's mobile home park rent stabilization Ordinance No. 923 and authorizing city intervention on behalf of tenants subjected to a rental increase in violation of said ordinance. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None 1. PROPOSED PARKING STRUCTURE Paul Lanspery, Administrative Officer, reviewed the,Council Policy Statement and Action Plan for downtown parking that was adopted through Council Resolution No. 4949. This resolution identified: 1) a need for 1,100 to 1,580 parking spaces in the downtown by 1990; 2) endorsed a policy of concentrated.parking for the downtown area; 3) identified structural and non - structural programs to address the need. Six program elements were: 1) centrally located downtown parking structures and surface lots financed and operated on an enterprise basis; 2) participation in ridesharing programs; 3) promotion of transit system for commuters to the downtown area; 4) parking enforcement programs; 5) increasing lot and on- street efficiencies through restriping; 6) a parking in -lieu fee policy for new downtown uses. The five -step action plan would be: 1) implementation of a ridesharing program on September 20, 1982 (completed); 2) proceed with the financing, land acquisition and final design of a parking structure on the southwest corner of Palm and Morro Street (this is what was before the City Council this evening); 3) consider formation of an assessment district for the acquisition and construction of.a surface parking lot (100 cars on Marsh Street); 4) preparation of an ordinance establishing an in -lieu fee in the C -C zone; 5) restripe city -owned surface lots where efficiencies 1 1 i' I City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m.. Page 3 could be made. He stated the last .three items would be forthcoming following tonight's meeting. Rudy Muravez, Finance Director, then reviewed the budget scope for the parking garage with budget estimates. He,stated that primarily the project would be funded on an enterprise.approach.•.This means to operate the program as close as possible as to private enterprise using user fees. The parking revenues have always been based on that concept. He stated that the revenues for the parking project would be generated from four sources: 1) parking meters; 2) monthly rental fees by users; 3) retail space and theatres will provide an element of.profit used to fund the remainder of the program; 4) public property out into commercial use. He stated that the project would be financed over a 20 -year period. A standard authority bond for parking purposes would be used. This is different than the general obligation bonds of the city'as there would be no property tax assessment leveled. He then reviewed the project budget estimates and the differences between the targeted budget and the affordable budget. The targeted budget (Item A), was for construction in the amount of $5,100,000. The affordable budget would be based at $4,700,000. This would leave a difference of a deficit - per =year with item (A) of minus $70,600 or (B) minus $7,800 (see page 1 -3 of the project budget analysis). He also explained the annuity income which would be gained through the sale of property of Wayne's Tire and at Palm and Osos Street which the city had purchased and could be sold within five years for $1 million or annuity of $124,000 per year.. Bruce Fraser, Architect with Merriam, Deasey and Whisenant, described the project-scope and,how it related to the-budget scope (see page 2 -1 of.the project scope analysis). The only real revision suggested in response to the lease-negotiation with Mann Theatres included: 1) an increase in the number.of theatre - auditoriums from four to five;:and:2),a• small increase in the total.area of,the:theatre-portion of the project. He reviewed.six potential'cost reduction••items identified for a possible.net savings of 1 $416;000. Council would not need.to take any action on those suggestions this evening. He would emphasize that the construction market is extremely favorable throughout the State at this time.. Wayne�Peterson, City.Etigineer,-reviewed -two time schedules.-in the Council packet (see schedules A and B on page 4 -1 and 4 -2). Proposed schedule A was a standard procedure for the preparation of final plans advertising bids and construction with final garage /theatre completion ready for occupancy by May 1, 1985. He explained the advantages of this were: 1) positive control of the contractor in the area of details;,.quality and project scope and design would be clearly delineated; 2) portion of the garage-may be available for parking during Christmas 1984 and most of the project site parking-lots would be- available..during Christmas 1983; 3) bond sale would be based upon firm construction bids. The disadvantages would be: 1) interest rates may vary from present levels and could go higher than the projected 9 percent. Registration would:also add some-cost after July 1, 1983; and 2) the project would not:be completed until the spring of 1985. Staff was recommending the.proposed, schedule A. The.proposed schedule B was a design /construct procedure which would allow for the garage /theatre completion by November 1, 1984. The advantages would be: 1) the contractor could bid his-most efficient construction techniques leading to-more competitive bids;:-2) project.bids..would be'established in June-1983 at, current interest rates-and costs. Bonds-sold prior to regi- stration requirements of July 1, 1983, would result in the earliest project completion-.-:,The-,disadvantages--were:--l) all surfaceiparking;on -site would be removed for one:-Christmas season-:(1983); 2)-certain adversary- :problems may develop.--between the-contractoriand the city over details and-design of construction quality,.that were!.not covered in project scope;= and.3) gener- ally,-:contractors with this type.of contractnwould::look.for ways to keep the project within budget to the:'extent of deleting items at the end of the work that were-not clearly included•in the-.contract.-. George Thacher, City Attorney•, then reviewed-two-of the proposed lease,.- agreements, one with Mann Theatres and one-,with Shanghai Low Restaurant. He stated.the Mann Theatre draft lease agreement,:was the:result of approxi- mately a year of negotiations with Mann Theatre.Corporation. It,was then City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m. Page 4 that staff was directed to work with Mann and their representatives in finding a solution to the downtown facility needs. That direction was precipitated by a request to divide the Fremont Theatre into a two - screen facility. He summarized the key components of the 23 -page draft agreement: 1) term of.the lease was a 20 -year period to include approximately 18,076 square feet of leasable space in the parking project. It would call for the construction of a facility with a five - theatre auditorium; 2) theatre patrons would be required to pay for garage parking at the same rate charged to all other patrons of the garage facility and would receive no preferential treatment; 3) the Mann Theatre Corporation was responsible for ' the installation of all the operating equipment including seats, carpets, draperies, screens, concession equipment, etc; 4) there were two rent formulas: A) a fixed minimum annual rent established based upon actual construction costs of the theatre. The fixed minimum rent would be calcu- lated on the actual construction costs plus a percent profit factor to the city; B),a gross receipts percentage rent formula would be included. This formula would be based on a percent of the gross box - office receipts beginning in year eight of the agreement. A percent of concession sales would also be included. The agreement calls for the city to receive the larger amount of rent generated from those two rent formula options; 5) the tenant would be responsible for all utility costs associated with the operation of the theatre; 6) the tenant was entitled to four separate options to renew for periods of five years each under the terms and condi- tions set forth in the agreement; 7) the theatres would be made available to the city for use up to six times a year at no cost. The lease agreement was designed to: 1) accommodate a long- standing downtown business operator and a relocation to more adequate facilities; 2) provide a sound revenue stream to the city that would cover the cost of the theatre complex as well as contribute to the.garage revenue needs over the life of the projects financing schedule; and 3) would allow for various community interests to identify and develop more appropriate uses in the Fremont complex. He explained the city had received interest from other theatre operators throughout the State concerning the proposed project. The city'had not solicited formal proposals or bids on the 18,076 square feet of leasable area. It was his legal opinion that the solicitation of bids was not a legal requirement on the part of the city. Mr. Thacher then reviewed the draft agreement with Shanghai Low Restaurant identifying some of the elements of the agreement which could still be changed and others could be added when the final agreement returned to Council for approval. Primarily: 1) the basis for the agreement was a desire on the part of both parties to exchange parcels. The parcels conveyed to the Gin's to be in substantially the condition of the parcel they leave. That is to have a fully equipped restaurant in place. The new building would contain a single residential apartment as now exists in the old restaurant building. The new restaurant /apartment would be located nearly directly across Palm Street from the present location; 2) the parties intent was to have the new restaurant complete and operable before the Gin's were required to move; 3) there would be a complete list of equipment which the city would be obligated to install including dining room, kitchen and supply room, equipment and fixtures; 4) a "neutral inspector" would be agreed to by the parties. The inspector would certify completion in stages of the construction in conformity with the approved plans and specifications; 5) plans and specifications would be subject to Gin's approval. The plans were not finished yet but when they were, the Gin's would be provided with copies to approve. Completed -plans and specifications would become part of the agreement and corporated as an incorporated exhibit and having some effect on agreement language; 6) there would be some payment to Gin's for attorney, architect and incidental moving expense; 7) the city would process a parcel map creating the lot ' upon which the new restaurant was to be built; 8) any changes during construction requested by the Gin's would be at their cost. In essence, the exchange would leave the Gin's in no worse condition from the location from which they come but the city would have purchased property necessary for the parking structure anyway at a cost of approximately that expected if the matter were to result in condemnation litigation, to say nothing of possible loss time and trouble: He stated the city was still negotiating with Premier Music Company and if a settlement would not be worked out, it may result in condemnation action by the city. City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m. Page 5 Paul Lanspery, Administrative Officer, reviewed the Sauer Building agreement explaining that Dr. Carl Kundert has proposed to rehabilitate the Sauer Building at 848 Monterey Street. The Council in September considered a request for encroachment of a second -story balcony into the city -owned property in connection with the restoration: The Council had been generally in support to allow the proposed encroachment; however, deferred the final decision until plans for the city parking structure had been-completed.,- Most of the discussion was focused on the possibility-of selling a portion of city -owned land adjacent to the building to Dr. Kundert. This would have the benefit of freeing the project from expensive and difficult building code requirements and provide the city. with some revenue for the parking project. He then outlined three distinct alternatives available: 1) an encroachment for the stair landings from the upper level of the Sauer Building which was the original request. Past city policy allowed encroachments for stairways or other access onto public property with 30 =day revocable agreements; however, such encroachments do not free the property owner from building code requirements for firewalls for buildings less than 20 feet from the property line. This firewall requirement would preclude the restoration of the wood exterior facing the proposed paseo; 2) sell an approximately 10 -foot strip of land through a lot line adjustment to Dr. Kundert. This would permit the stairways to.land without encroachment and allow a•small setback for the building. The firewall requirements would remain; . 3) sell approximately 25 feet of the paseo area to Dr. Kundert. This would free him of many of the building code requirements and save substantially on the cost of renovation; however, this area included the site of building A in the parking structure proposal. In discussions so far the city indicated that if this third alternative were-chosen, Dr. Kundert would be obligated to.construct a building compatible with the paseo project-and pave and landscape the area in a fashion approved by the ARC for the remainder of the paseo by the time of completion for-the-rest of the project. The-city would also retain a public access easement•for those portions of the property which would logically 1 be considered part of the paseo. Alternative (3) would have the greatest fiscal impact. It would reduce the cost of the parking project by $40,000 to $55,000 and provide -a-one -time revenue of approximately $70;000 to $80,000 from the sale of land: -This is the preferred alternative by staff. Mr. Lanspery reviewed the recommended action that was being-requested of Council this evening which would be to: 1) authorize the project architect to complete the final design and construc- tion drawings (consistent with their-existing contract for services). He explained the-Council had authorized $84,000 to date. The Council needed to authorize $102,000 this evening which would leave a remainder of approxi- mately $54,000. The Council would be approving expenditures of this amount at two future times, one for $15,000 and another for $39,000; 2) the project should be a final design to.achieve a project budget.of approximately $4,700;000. The design would- include five theatre auditoriums; 3) Council should-approve the traditional design bid construction schedule which resulted•in a• project completion date of May 1, 1985 (schedule A); 4) Council should approve in concept the leases regarding Shanghai-Low Restaurant and Mann Theatres. The agreements should be brought to Council for final approval within the recommended project schedule date set forth. Staff should be directed.to consummate an agreement with the Sauer Building owner:'to sell:approximateiy 25 feet of the paseo area., i Jack Whitehouse, 135 Osos Street and President of the B.I.A., - stated he was strongly in support of the parking project, and the B.I.A. was in agreement that a parking deficit did -exist and believed that•the project.was not only needed-but-affordable and would be a true-asset-for downtown as•well as all San Luis Obispo. The B.I.A. Board of Directors had given unanimous support for the project. Martin,Tangeman; 1011 Pacific Street with the firm of Sinsheimer, Schiebelhut and Baggett-; spoke to the project lease arrangements with Mann Theatres. He stated he had received several letters from other interested bidders but understood that the city was not interested in obtaining competitive bids for the theatre project. He felt legal ramifications existed if the city City Council Minutes - -- - -- - Tuesday, April 12, 1983 - 7:00 p.m. Page 6 maintained this approach. He felt it was apparent that.the lease•.was. -.. extremely important and an integral part of the financing.. He .cited the City Charter as a requirement that the city must seek .competitive . bids in order to generate the most revenue for the city thereby decreasing taxpayers burden. This was not a "simple" lease as provided by a provision in the City Charter. He was officially requesting to be able to examine more.of the documents concerning the lease. He urged the Council to slow down and seek competitive bidding. Councilman Griffin questioned what information he had concerning the interested bidders. Mr. Tangeman replied he had several letters that indicated interest in the project. Councilman Griffin requested that Mr.- Tangeman read..all -of the-letters into the record. - - _ . _ , _ _ .. - _ ... Mr. Tangeman then read five - letters into.the record as Jollows: - 1) - "Dear Mr. Lanspery: We.would -like to..advise you of our. interest -.in bidding competitively for the..lease..of the-motion picture theatres which-the-City of.San -Luis Obispo is..proposing to construct in conjunction . with .the-community parking project in downtown San Luis Obispo. Inasmuch as we just learned that the time frame for.this.project is very short, we are submitting this letter:of- intent and interest without firm numbers. You may be- assured, however,-that our interest is serious and that we are prepared..to.offer a.bid which we believe will be a very competitive -one. We own and operate approximately sixty motion picture theatres in Northern California and Central California. We are proud of the manner in which we operate our theatres, and we believe them to be held in high regard in those communities in which we do business. We are a privately owned company, and we can .assure you that we would have more than sufficient-financial-substance to be a responsible lessee of the City. Banking reference.can be furnished upon request, and financial data will be divulged when appropriate. We look forward to receiving further information about -this project and - learning about the process through which the theatres will be leased.. _._. Thank you for your consideration.." . -2) "Dear Mr. Lanspery:- On March.7, -1983, we..wrote you to- advise,.,.. you of our interest in bidding competively_for the lease of the.. ... motion picture theatres which the City of.San Luis Obispo is. proposing to construct in conjunction with the community parking project in downtown San Luis Obispo. To date we have not had a response from you, and we should appreciate hearing from -you at your earliest convenience so that we may submit our proposal to the City for the lease of these theatres. - - We await your response, which we trust will include the City's specifications and qualifications for bidding on this project. Thank you for your cooperation." 3) "Dear Mr. Lanspery: Thank you for spending the time to.review. your plans for the downtown four -plex theatre with me the other day. I took the plans.back to my office and everyone here -was- favorably City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m. Page 7 impressed with both the theatre itself•and your general plan-for downtown San Luis Obispo. We feel that it would be inappropriate to enter into negotiations while the Mann people are still interested. However, if your negotiations -with Mann-•Theatres reach an impasse and you are not able to negotiate a reasonable deal with them, we would like the opportunity.•to discuss,the situation with you further.. . We think that our company would be very compatible in San Luis Obispo. Again, thank you for your courtesy. If I can be of any help to .you, please .. don't-hesitate.-to call. ". 4) "It has become apparent since, �(deleted). Coldwell-_Banker.has exposed to you this opportunity in the San Luis Obispo area.and.since our subsequent meeting with Paul Lanspery'of the City, that this project should be pursued further. The City has conveyed as they did at our meeting on Wednesday, February 23, 1983, the desire to receive a proposal from us in regards to becoming.a major tenant in the aforementioned project. Please call me when you are prepared to make a formal proposal and again meet with the City to discuss the financial aspects of• this project." 5) "Dear Mr. Lanspery: I would appreciate a separate mailing to be sent directly from. (deleted). lYou.will__i- ceive_a general proposal in regards to the downtown theatre retail project. When we spoke about the possibility of doing a deal, you and I discussed the possibility of the City of San Luis Obispo paying in..commission. This is'in necessity for this deal to come together,to final negotiations. I- have..enclosed. for your review Coldwell Banker'•s. standards,_ schedule of.sales,.and lease commissions:-to-be applied.to our representation of.(-deleted) in a..lease with_the_City_of_San Luis Obispo. I will call you shortly to discuss the current status with•(:deleted) and to work out.:an agreement involving compensation of Coldwell_ Banker commercial real estate." Councilman Griffin questioned that Mr. • Tangeman had allud_e_d 'to _the fact= of- the legal issues that the city•was:faced with and this was a policy question. He asked Mr: Tangeman to elaborate. Mr. Tangeman replied that it would be.good government for•it.,is in good government's.interest to-ask for competitive bids to relieve the taxpayers burden. The city should be trying to get the best price from competitive bidders.. Upon question; he•.stated he was not here to discuss "his personal opinion;" rather, this was'based on his legal opinion,.that the city. should seek competitive bids. Councilman -Dunin questioned if Mr. Tangeman was at the Council meeting tonight representing himself or his law firm. Mr. Tangeman replied he was concerned as a member of the law firm- repre- senting.his client who was very interested in-getting the best price for the city and that he was not at .liberty to disclose his client's name: Mayor :iBillig requested City Attorney review the subject of- competitive bidding. George Thacher, City Attorney, stated that he had been:.requested by Mr. Tangeman to provide certain documents and had provided what he felt were the sufficient documents.-pursuant to law. He.'said. there was no_law•of.the city or in any legislation concerning competitive public bidding on the lease,.and.this had been verified.by.the Bond Counsel. •The-Charter requires competitive bidding for public works projects. •.This will.be..done'on the project itself but the requirement does not carry over to the lease. It was, in his legal opinion, simply not a requirement. City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m. Page 8 Mayor_Billig reminded the.Council.that..they were.also.only „looking at these leases in concept and would not be taking a definite action this evening. Dave- Garth,.Executive Manager for.the-:Chamber of Commerce and representing 921 businesses throughout-the city, stated the Chamber:,had been•an,:active supporter of the parking program -for: About seven months;- and ther` support has been growing, not.waning: They are very enthusiastic. The.project was needed now, not only for the convenience of parkers, but for the economic stability.of the,downtown. He complimented the Council on proceeding with the project. Laverne Schneider, 1356 Marsh Street, spoke in support of- the:,project and felt it was time that the parking plan got off the ground. This project has been discussed going back as:far•.as 1966-with revisions to the•plan even then, when .she was on-the Planning Commission. The ,parking•.needs continue to grow and.even.with the- ..implementation of-the bus:'system, it has still..not taken over... The County.Board.of.Supervisors has indicated a real interest in helping solve the parking problem in their statements of their plan from 20 years ago: The.County.made public.statements that.they would replace the parking spaces covered over,when they.built the - .Courthouse Annex approximately 20 years ago. Nothing has been built to date. When the new Government Center was.built, they-took.-additional parking.spaces, and they have not•:added any parking spaces.:for.;their employees, and yet their employees in the downtown area are approximately 550 plus. „They are continually putting additional employees out on the street and taking spaces needed by our city.shoppers. The.. Datsun - :building.which!has.been purchased.:by• the County, and- purchased..at.:a tremendous cost,:will_house the fleet..of:,County cars. .The- plan the city has -is •excellent, .and- the• financing problems should be easy to be accepted by all of the downtown people and the.community.as A-whole because it doesn't take tax dollars or::increase our taxes for additional cost. It is too.bad it wasn't built.yesterday because it is certainly needed today. Gini Allen, 191.Luneta Drive, spoke for many years she had been opposed she was convinced this-was --what:the; there are others trying to muddy the Diane Jefferson; 258 Patricia.Court, program. in support,.-of the. project: She stated to the parking garage but at this time city needed. It was.unfortunate that waters. spoke in support of the,.parking Marcel Cote;,1351.Cavalier and•a'Charter member of the B.I.A.,,saw.the', project as-a tremendous.:accomplishment. He:stated we have.before,us proof positive that a city government and a.business community could.work well together. There was no way that the business community or the private sector could have financed the project on their own this.was thoroughly studied. The.public's largest concern seemed to be;cost.overrun. That was well explained in.the "newsletter” available. It:stated. the city_would . spend only what could be financed from the revenues of the parking.meters, revenues from the parking structure,,and commercial rents received from•;the theatre and shops on the paseo. The method of financing the.project,. called an enterprise basis, means that users, not taxpayers, would pay for the parking program: It also means that .if the•.construction,.bid came-min over budget, the project would be scaled down so as to.not.overrun.,the,;: available-financial resources. City would build only what they could afford, no more. The people.thatm would pay for it would be the people who use it. No tax dollars would be used. The way to solve the problem was to find ways to.bring back the shopping public by making it:easier and-)more pleasant to shop downtown. He stated that since 1970 gross sales had dropped-one-,percent per year and that trend was continuing-. More.parking would be a major factor in reversing the trend. It would never be more affordable or come at a more appropriate time, and he would urge the Council to .proceed -. I . Mayor Billig closed.the public portion of the.meeting. After brief discussion.and on motion of:,Councilman.Settle, seconded by Councilman Griffin, to authorize the.project. architect to-complete-the. 1 1 1 City Council Minutes Tuesday, April 12, 1983 - 7:00 p.m. :,10 _`,.• cc;..; is Page 9 final design and construction drawings consistent with the existing contract for services: Motion carried on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: -None ABSENT: None. Moved by Councilman Settle, seconded by Councilman Dunin, that the project be final designed to achieve a project budget of approximately $4.7 million. The design would include five theatre auditoriums and include an•add' and deduct basis. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Moved by Councilman Griffin,. seconded by Councilman Dunin, to approve the traditional design, bid, construction schedule, which results in a project completion of May 1, 1985. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Councilman Griffin stated that although the resultant project is due to be completed in mid 1985, this type of project is too critical to use schedule B approach. He would like the management schedule fully controlled as far as overrides, etc. Councilmembers Dunin and Settle agreed with comments by Mr. Griffin. Councilman Dunin stated that the project would consistently be under Council review to preclude override-without Council knowledge.... Councilwoman Dovey stated she was pleased that after so many years the project was surely underway. Mayor Billig stated that because.of the scope and nature we would have to exercise true management control over the project. After brief discussion and on motion of Councilman Dunin, seconded by Councilman Settle, to approve in concept the leases regarding Shanghai Low Restaurant and Mann Theatres. The agreements would be brought to Council for final approval within the recommended project schedule. Staff be directed to consummate an agreement with the owners of the Sauer building to sell approximately 25 feet of the paseo area. Motion carried on the following roll call vote: :::.., AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Councilman Dunin reminded staff that!.he would like..them.to look at all alternatives with regard to the Sauer Building proposal. City Council Minutes Tuesday, April 12, 1983 - Page 10 Councilman Griffin stated that he had.followed staff-efforts with'.regard to negotiating with Shanghai Low and Mann Theatres, and was exceptionally satisfied with its competitive nature. 2. RESOLUTION OF CONDEMNATION After brief discussion, moved by Councilman Dunin, seconded by Councilman Settle, to continue consideration of the resolution condemning property located at 861 Palm Street (Shanghai Low Restaurant) required for construction of city's parking structure (continued from 1/4/83, 1/18/83, 2/1/83, 2/8/83, 2/15/83, 3/1/83, 3/15/83 and 4/5/83), to the Council meeting of April 19, 1983. Motion carried on the following roll-call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig r NOES: None ABSENT: None C O M M U N I C A T I O N S 1. Communication from Jim Stockton concerning the Wells Fargo grant monies available to assist,in the installation of the game -field exercise courses received and filed-. - 1 Mayor Billig adjourned the meeting at 8:40 p.m. for a break and then to Closed Session to discuss Personnel and Litigation Matters: . 9:00 p.m. City Council convened in Closed Session to discuss,Personnel and Litigation Matters. 10:30 p.m. City Council reconvened, all Councilmembers present. ' There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 10:30 p.m. to Monday, April 18, 1983, at 6:00 p.m. Pamela Voges, y Clerk APPROVED BY COUNCIL: 6/7/83 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, APRIL 18, 1983 - 6:00 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Ron Dunin, Robert Griffin, Allen K.. Settle and Mayor Melanie C. Billig Absent: GlennaDeane Dovey City Staff Present: Paul Lanspery, Administrative Officer; Dave Thomas, Ralph Andersen and Associates