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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 1 1 1 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 1 1 1 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) --------------------------------------------------------------------- - - - - -- 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.