HomeMy WebLinkAbout04/19/1983City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 2
C O N S E N T I T E M S
C -1 CLAIMS AGAINST THE CITY
On motion of Councilman Griffin, seconded by Councilman Settle, the claims
against the city for the month of April, 1983..by approved and ordered paid
subject to the approval of the City Administrative Officer.
Motion carried, Councilwoman Dovey absent.
C -2 COUNCIL MINUTES 1
On motion of Councilman Griffin, seconded by Councilman Settle, the following
minutes be approved as amended: Tuesday, March '15, 1983 - 7:00 p.m.;.
Monday, March 21, 1983 - 12:10 p.m.; Tuesday, March 22, 1983 - 7:00 p.m.
Motion carried, Councilwoman Dovey absent.
C -3 CLAIM AGAINST THE CITY - ELLIS
On motion of Councilman Griffin, seconded by Councilman Settle, the claim
against the city by Mary Ellis in the amount of $103.38 for damaged tire
allegedly caused from pothole-in Santa Rosa Street south of Boysen Avenue
be denied. Motion carried, Councilwoman Dovey absent.'
C -4 TRAFFIC WORK ORDERS
On motion of Councilman Griffin, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 5091 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving Traffic Work Orders
for the period of January 1, 1983 through March 31, 1983.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
C -5 FEDERAL AID URBAN FUNDING FOR 1982 -1986
On motion of Councilman Griffin, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 5092 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving a.cooperative
process for determining project priorities for Federal Aid Urban Funding
for 1982 -1986.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
C -6 SIDEWALK POLICY
After brief discussion it was moved by Councilman Griffin, seconded by
Councilman Settle; the following resolution'be introduced: Resolution No.
5093 (1983 Series), a resolution of the Council of the City of San Luis
Obispo adopting general criteria and priorities for the sidewalk program
with amendments as suggested by Councilman Griffin.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: 'None
ABSENT: Councilwoman Dovey
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City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 3
C -7 PLANS AND SPECIFICATIONS— LAGUNA LAKE GOLF'COURSE.IRRIGATION-
MODIFICATIONS
On motion of Councilman Griffin, seconded by Councilman Settle, the plans
and specifications for the "Laguna Lake Golf Course Irrigation Modifications"
City Plan No. G -46; bid estimate $65,740, without contingencies, be approved
and staff authorized to call for bids. Motion carried, Councilwoman Dovey
absent.
C -8 DEFERRED COMPENSATION PLAN
On motion of Councilman Griffin, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 5094 (1983 Series), a resolution
of the Council of the City of San Luis Obispo ameinding Resolution 4710
amending an agreement between the City and International City,Management
Association Retirement Corporation to allow city personnel to participate
in its program with the Mayor authorized to sign.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
C -9 CONTRACT FOR PERSONNEL CONSULTANT. SERVICES
On motion of Councilman Griffin, seconded -by Councilman.Settle, the following
resolution was'introduced: -Resolution No. 5095 (1983 Series);'a resolution
of the Council of the City of San Luis Obispo approving a contract with
Ralph Andersen and Associates to perform consultant services in connection
with hiring a City Attorney and Water Utilities Manager with the Mayor
authorized to sign.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin; Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey =
C -10 DECLARING FIRE ENGINE SURPLUS:-AND AUTHORIZING SALE
On motion of Councilman Griffin, seconded by'Counclman Settle, the following
resolution was introduced: Resolution No. 5096 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement
between the city and Desi's Used Fire Equipment Company declaring fire
engine no. 5 surplus and authorizing sale.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
C -11 LA FIESTA ACTIVITY GRANT-
On motion'of Councilman Griffin, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 5097 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement with
La Fiesta to•provide a $3;000 Promotional.Coordinating Committee Activity
Grant for fiscal year 1982 -83 to be used for advertising purposes.
City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 4
Passed..and.adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
C -12 STATE HIGHWAY CLOSURE - LA FIESTA
On motion of Councilman Griffin, seconded by Councilman Settle, the following ,
resolution was introduced: Resolution No. 5098 (1983 Series), a resolution
of the Council of the City.of San Luis Obispo allowing for.the..closiure.of
state highways.to provide for the La.Fiesta parade to be held annually in
the month of May -as amended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
A. PRESENTATION - PUBLIC ART
Gary Dwyer, Associate Professor at Cal Poly, presented a concept for
providing "art in public places" in conjunction with the downtown beauti-
fication program. He was hopeful that the staff would be able to work with
him to help write an-ordinance-or propose a program to make art.,more
accessible to the public.
Councilman Griffin stated he had been familiar with a similar program in
Brea. The program concept he thought was excellent. ,
Councilman Settle agreed.
Councilman Dunin stated,that he would like to see the project run on a more
voluntary basis and suggested that this come back at a future study session.
After brief discussion it was moved by Councilman Dunin, seconded by
Councilman Griffin, to refer the matter to staff with instruction to
prepare several approaches and report back to the Council at a study
session within six months. Motion carried 4 -0 -1.
B. APPOINTMENTS TO HUMAN RELATIONS COMMISSION
Councilman Dunin reviewed.the subcommittee's report on recommendations for
appointments-to-fill four vacancies on the Human Relations Commission.
After brief discussion it was moved by Councilman Dunin, seconded by
Councilman Settle, to appoint Hank Apfelberg, Barbara Biossat and George
Brudney for two -year terms to expire 3/31/85 and Ron Massengill for a
one -year term to expire 3/31/84. Motion carried, all ayes, Councilwoman
Dovey absent.
C. APPOINTMENTS TO PERSONNEL BOARD
Mayor Billig reviewed the subcommittee's recommendat
to fill five vacancies on the Personnel Board.
After brief discussion it was.moved by Mayor Billig,
Settle, to appoint Allyn McReynolds, Louise Matheny,
Personnel Board for two - year.terms to expire 3/31/85
Campbell and Larry Voss.for one -year terms to expire
Motion carried, all ayes, Councilwoman Dovey absent.
ions for appointments
seconded by Councilman
and Jim Buttery to the
and to reappoint Larry
3/31/84.
City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 5
P U B L I C H E A R I N.G S
1. CONFIRMING COSTS OF SIDEWALK CONSTRUCTION
Council held a public hearing to consider two protests filed as part of the
sidewalk construction hearing held to- confirm city repair costs conducted
under the 191.1• Act (continued from 4/5/83). : -
Dave Romero, Public Works Director, reviewed the Council agenda report
(file # 533) with the recommendation to confirm, the cost for Mr. Solomon's
property at 770 Islay in the amount of $587.60 and split the cost for Mr.
Ewan's property at 1071 Islay Street and assess his property for $54.50.
Mayor Billig declared the public hearing open. No one spoke for or against
the assessements. Mayor Billig declared the Public hearing closed.
Councilman Griffin requested that.staff draft an appropriate letter to Mr.
Soloman explaining the statutory requirements, rationale, and expressing
compassion in the letter. Council concurred (470 -1).
After brief discussion it was moved.by, Councilman Settle, seconded by
Councilman Griffin, the following resolution was introduced: Resolution
No. 5099 (1983 Series), a resolution of the Council of the City of San Luis
Obispo confirming costs of sidewalks constructed under the 1911 Act for
$587:50 for Mr: Solomon and $54:.50 for Mr. Ewan.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dunin.and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
2. HOUSE MOVING AND DEMOLITION ORDINANCE
Council considered an amendment to the House Moving and Demolition Ordinance.
Jack Kellerman, Chief Building.Inspector, reviewed the proposed amendments
and Council agenda.report (file # 426) explaining that as the current
ordinance is written -it requires building foundations and slabs to be
removed as part of site cleanup when-a building -has been demolished. Two
recent demolitions resulted in the owners requesting the foundations or
slabs be-allowed to'remain until redevelopment of the - properties. There
was no•provision.in the ordinance to allow the building official to grant
exceptions. That inflexibility created situations.where the expense of
removing foundations could not be deferred until redevelopment of the
property. Removing them at the-time -of redevelopment could be less expensive
and more desirable. He apologized for the lateness of.the ordinance coming
back to Council (first discussed in August of last-year)-and would urge
Council's approval of the suggested amendments.
Councilman Dunin questioned if the ordinance could be made retroactive to
include the old theatre on Monterey Street which burned down.
George Thacher, City Attorney, stated that.he could -bring back an opinion
on this at the Council's next meeting.
Upon question-by Mayor Billig,.-Mr.. Kellerman stated that with the exception
of Farmer's Hardware and the water tank-on-Southwood there -were not a great
number of problems in trying to get rid of concrete foundations. There
have been some minor problems but he felt that the city had the necessary
tools to eliminate any hazards or unsightliness of any great extent.
Councilman Dunin stated he would like to add a provision that the property
would.have to:be..screened-until building construction was completed as the
situation.could.remain:up to three years.
City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 6
Council agreed that this could be accomplished by amending Item E Section 1
on page 2 -6 and to include the terms hazardous, noxious or unsightly.
After brief discussion it was moved by Councilman Settle, seconded by Mayor
Billig; that the following ordinance be introduced as amended: Ordinance
No. 956 (1983 Series), an ordirfance•of the City of San Luis Obispo amending
the Municipal Code entitled "Ho6se Moving and-Demolition Ordinance" with
amendments as discussed.
Introduced and passed to print on the following-roll call vote:
AYES: Councilman Settle, -Mayor Billig,-Councilmembers Dunin•and
Griffin
NOES: None - - - - -. •
ABSENT: -Councilwoman Dovey•
3. CALIFORNIA MEN'S COLONY EIR
Council considered the draft - Environmental Impact Report-for an expansion
to the California Men's Colony in San Luis Obispo.
Terry Sanville, Senior Planner, reviewed the Council agenda- report (file #
1114) asking the Council to review the letter which critiqued.the EIR, add
any appropriate comments and mail it as amended, signed by the Mayor, to
the Department of General Services. •
Upon question he-stated'that the Department -of Corrections is the lead
agency and would therefore make any final decision on the project. The
state is not required to hold public hearings and the decision could be
made administratively.
Councilman Settle felt the draft letter by staff fairly well addressed the
key points the city needed to get across. He was primarily concerned about
the response we would get back from the state.
Councilman Dunin wished to include a statement that would examine what the
city's fair ratio share should be or percentage of correctional beds as it
relates to jobs in the county. He suggested clarification to Section E,
page 3 -5, Calculating Actual Availability;.'referencing a water year versus
a calendar year. He felt it would read better if termed a "fiscal" year.
Mayor Billig briefly recapped Councilman Settle .'s and Dunin's concerns.
stating that amended language would be inserted concerning procedures;.
notification', hearings, calendar dates, etc.
Councilman Griffin stated that the project certainly should-merit CEQA
requirments and that if there was any question that it had-not; this could
be included in the letter as well.
Councilman Settle suggested that in the conclusion of the letter it should
have a very strong statement regarding the city's concerns arid.ask for
specific time lines.
Councilman Dunin suggested that a change be made on page 3 -3 _paragraph
entitled, "Program Objectives ". He would'like to see this paragraph made
stronger in its question as to the reactivation of the West Facility being
a permanent' action or to be eventually replaced by permanent facilities
elsewhere as their report indicates.
Mayor Billig stated that as the draft letter indicates, her primary concern
had to do with water supply -and the impact of the additional.inmates on the
city's water supply. The state was not using the approved Safe Annual
Yield Study which, unless accepted in the report will require the preparation
of a new yield study before new valid figures are available. The figures
cited by the department are inaccurate and misleading. The,.state's calcula-
tion for actual availability was significantly different because they used
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City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 7
the wettest portion of the year to make their determination.
Jamie Mitchell, 906 Kevin Court in Arroyo Grande and a Cal Poly student,
stated that she was concerned that parolees and inmates have a very
detrimental impact on the community. She is afraid for her own children.
She stated that close to 80% of the parolees were repeat offenders and
stayed in the community after they were released. She felt that there was
a definite increase to the crime rate and the accumulative impact from the
three facilities which includes the Atascadero State Hospital, Men's Colony
' and Camp should be looked at.
Councilman Dunin agreed that a statement also should be added asking the
question of the temporary and permanent housing and how that affects the
families of the parolees.
Councilman Griffin felt the letter was an opportunity for the city to
reaffirm what the cost estimates actually were; and would like to see added
into the introductory paragraph what the purpose of the EIR stands for. He
stated that for two years the state has, to a certain extent, tried to
diffuse what the significant risks were to the community, and he would like
a clarifying statement of those risks. If the EIR does not have the full
range of alternatives, the city might give thought to pursuing this matter
by putting the state on notice. The fact that the public was not here
tonight demonstrated that either the public had not been fully apprised of
the situation or there was some lack of interest, and he did not feel it
was the latter. There should be a statement that the lead agency explain
the impact and the process to the community.
Councilman Settle also requested that the other entities receive copies of
the letter.
Mayor Billig agreed and stated that copies would be sent to all the cities
in the County.
' Councilman Griffin stated he would also like to see the news media apprised
of the city's position.
After brief discussion it was moved by Mayor Billig, seconded by Councilman
Settle, to incorporate the amendments made this evening and direct the
Mayor to send the letter to the appropriate state, county and city agencies.
Motion carried, all ayes, Councilwoman Dovey absent.
4. REPORT ON BIDS - WASTEWATER TREATMENT PLANT IMPROVEMENTS UNIT II
Dave Romero, Public Works Director, reviewed the bids received for "WASTEWATER
TREATMENT PLANT IMPROVEMENTS UNIT II ", City Plan No. G -41
and reviewed the Council agenda report (file # 83 -01). He stated that the
original engineer's estimate had been $3,598,600. The low bidder was way
under that figure at $2,279,600. The Council had before it two resolutions
this evening; 1) awarding contract to E1 Camino Construction Co. and 2)
transferring necessary funds from the sewer treatment reserve account to
the construction account.
After brief discussion it was moved by Councilman Settle, seconded by
Councilman Dunin, to introduce the following resolution: Resolution No.
5100 (1983 Series), a resolution of the Council of the City of San Luis
Obispo awarding contract to El Camino Construction Co. in the amount of
$2,279,600.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 5101 (1983 Series),
City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 8
a resolution.of..the.Council of the City -of San Luis Obispo transferring
required funds from sewer treatment reserve to construction account.
Passed and adopted on the-following roll call .vote:
AYES:. = Councilmembers Settle, Dunin, Griffin and Mayor Billig-
NOES: None
ABSENT: Councilwoman Dovey
5. REVISIONS..TO THE MUNICIPAL CODE
Pam Voges, City Clerk, stated that the Council was to consider 24 ordinances
this evening which would amend the City's Municipal.Code as a part of the
Municipal Code rewrite with Book Publishing Company.
George Thacher, City Attorney, reviewed each of the 24 ordinances explaining
that most-of the-ordinance amendments were relatively minor in nature. He
gave a brief description of .the:proposed changes ...Some of--the ordinances
were identified to require repeal or amendment of specific provisions and
included cleanup of miscellaneous punctuation, capitalization, format
changes, etc.. He explained that draft ordinance T, entitled "Standards for
an Amplified.Sound Permit," would be coming back with a.report from the
Community Development Director,.Police,Chief, and City Attorney. . This was
also true -of draft ordinance U, entitled "Regulating PubliclMeetings on
Streets and Sidewalks ". The.City Attorney and.Police Chief.would..be
bringing back additional language.
Councilman Griffin suggested that,the City Attorney and City Clerk might
wish to establish some sort of criteria by which ordinances are to be
codified and which ones not..
After brief discussion it was moved by Councilman Griffin, seconded by
Councilman Settle, to introduce to print in synopsis form Ordinances No.
957 and 958 (1983 Series), with amendment to Ordinance No. 957 as recommended
by the City Attorney. Ordinance Nos. 959 - 980 introduced to print.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
6. RESOLUTION OF CONDEMNATION
Council considered.a.resolution to condemn 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, 4/5/83 and 4/12/83).
George Thacher,.City- Attorney, stated that he would like to.have� this item
continued to date certain Tuesday, 5/3/83 Council-meeting.,.]
On motion of Councilman Settle, seconded by Councilman Griffin, that this
item be continued to Tuesday, 5/3/83 Council meeting. Motion.carried, all
ayes, Councilwoman Dovey absent.
C O M M U N I C A T I O N S'
C-1 Finance Director to attend upcoming Legislative Seminar. If Council -
members are interested or have information to pass on, please contact Rudy.
C -2 Council supported lobbying efforts in Sacramento to preserve rail
transportation services.
C -3 Council acknowledged that some commuter service maybe -lost as a
result of increased bus fares of 15% by Greyhound.
City Council Minutes
Tuesday, April 19, 1983 - 7:00 p.m.
Page 9
C -4 Council approved letter of support for the Oceanic Society who were
concerned with the amount of radiation being dumped into the ocean.
C -5 Council approved $2,000 expenditure to support Operetta performer from
Vienna coming to San Luis Obispo.
C -6 The next League of California Cities Division meeting will be held in
Lompoc on July 15. Dorrill Wright to be the next president of the League.
' 9:05 p.m. Mayor Billig adjourned the meeting to closed session to discuss
personnel and litigation matters.
10:35 p.m. the City Council reconvened, Councilwoman Dovey absent. There
being no further business to come before the City Council, Mayor Billig
adjourned the meeting at 10:35 p.m. to April 21983, for a joint Study
Session with the Planning Commission. , 4
oges,
APPROVED BY COUNCIL: 6/7/83
M I N U T E S
ADJOURNED REGULAR MEETING OF
SAN LUIS OBISPO PLANNING COMMISSION AND CITY COUNCIL
CITY OF SAN LUIS OBISPO
WEDNESDAY, APRIL 27, 1983 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
' SAN LUIS OBISPO, CALIFORNIA
JOINT STUDY SESSION
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin; Allen K.
Settle and Mayor Melanie C. Billig
Planning
Commissioners
Present: Mark Bailey, Penelope Rappa, Patrick Gerety and Chairperson
Randal Bullock
Absent: Sylvia Drucker, William Howard and Jerry Reiss
City Staff
Present: Paul A. Lanspery,'City, Administrative Officer; Toby Ross,
Community Development Director; Barbara Ehrbar, Executive
Secretary
Others Walter Kieser, Economic Planning Systems (representative for
Present: Angus McDonald; consultant)
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1. STRATEGIC PLANNING PROGRAM
Paul Lanspery, City Administrative Officer, summarized the main concepts of
the Strategic Planning Program. He noted the main differences between
strategic planning and long -range planning and the major elements of the
program's efforts for both the private and public sectors.