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HomeMy WebLinkAbout06/18/1985M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 18, 1985 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL ' Councilmembers Present: Ron Dunin, Robert Griffin, Vice -Mayor Allen K. Settle and Mayor Melanie C. Billig Absent: GlennaDeane Dovey City Staff i Present: Paul Lanspery, Administrative Officer; Roger Picquet, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Dave Romero, Public Works Director; Mike Dolder, Public Safety Director; Geoff Grote, Assistant Administrative Officer; Roberta Goddard, Finance Director; Lane Wilson, Parks /Building Manager; Dave Ion, Systems Development Manager C O N S E N T A G E N D A On motion of Councilman Settle, seconded by Councilman Griffin, the Consent Agenda was unanimously approved as recommended by the City Administrative Officer on a 4 -0 -1 vote (Councilwoman Dovey absent) with amendment to C -6 as noted. The following actions taken as indicated: C -1 COUNCIL MINUTES Council minutes of Monday, May 13, 1985 - 12:10 p.m.; Monday, May 20, 1985 - 12:10 p.m.; Tuesday, May 28, 1985 - 4:00 p.m.; and Monday June 3, 1985 - 12:10 p.m. approved as amended (4 -0 -1, Councilwoman Dovey absent). C -2 NOTICE OF COMPLETION (File #83 -01) Unit 2 of the Waste Water Treatment Plant Enlargements, City Plan No. G -41, given final acceptance; staff directed to file notice of completion; and Finance Department directed to release certificates of deposit totaling $97,680.83 as recommended (4 -0 -1, Councilwoman Dovey absent). C -3 CLAIM AGAINST THE CITY - B. CARPENTER (File #189) Application by Betty Carpenter for leave to present late claim in the amount of $1,000 for injuries allegedly caused by the City allowing a hazardous condition to exist at the corner of Broad and Higuera Streets was denied as recommended (4 -0 -1, Councilwoman Dovey absent). C -4 CLAIM AGAINST THE CITY - M. & N. REY (File #189) Application by Mariano and Nora Rey for leave to present late claim in the ' amount of $750;000 for fatal injuries allegedly caused by the City allowing a dangerous condition to exist in Reservoir Canyon was denied as recommended (4 -0 -1, Councilwoman Dovey absent). C -5 $25,000 QUARTERLY PRIORITY LIST (File #514) Resolution No. 5697 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving agreement with Mr. & Mrs. Jeong for a quarterly waterline project in Casa Street between Foothill Blvd. and Deseret Place (total project $21,500; city's share $14.370) (4 -0 -1. Councilwoman Dovey absent). CITY COUNCIL MINUTES - TUESDAY, JUNE 18, 1985 - 7:00 P.M. PAGE 2 C -6 SURPLUS PERSONAL PROPERTY AUCTION (File #166) Resolution No. 5698 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted declaring certain personal property as surplus as amended to include additional equipment (4 -0 -1, Councilwoman Dovey absent). Resolution No. 5699 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving sale agreement with Golden West Auctioneers (4 -0 -1, Councilwoman Dovey absent). C -7 DECLARING SURPLUS PROPERTY (File #165) Resolution No. 5700 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended declaring property at 692 Marsh Street surplus and unnecessary for public parking (4 -0 -1, Councilwoman Dovey absent). C -8 MUTUAL AID AGREEMENT (File #731) Resolution No. 5701 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving a mutual aid agreement providing fire and rescue services, hazardous materials and other similar occurrences (4 -0 -1, Councilwoman Dovey absent). P U B L I C H E A R I N G S 1. 1985 -86 BUDGET (File #233) Council held a public hearing to consider final adoption of the 1985 -86 City's Financial Plan to include the Operating Budget estimated at $18,307,000; Capital Improvement Program estimated at $5,616,000; Revenue Sharing Appropriations Entitlement 16 and 17 estimated at $890,000 and new Reserves of $450,000. ' Roberta Goddard, Finance Director, reviewed the agenda report with the recommendation that Council adopt two resolutions to approve the Operating Budget and the Capital Improvement Program as recommended. Mayor Billig declared the public hearing open. Dennis Kish, 591 Cheryl Road, Arroyo Grande, spoke in support of a community auditorium, however, questioned the language used to describe the feasibility study, wherein he understood it to say, "to consider the appropriateness for such a community center." He would prefer that the feasibility study be limited only to site and cost. Deborah Spatafore, Arts Council, also spoke in support of the center. Warren Sinsheimer, Board of Directors for Mozart Festival, echoed the words of Dennis Kish and would urge the Council to support the revised language. Karen Weeks, Arts Council and living at 3171 Johnson Avenue, also spoke in support of the need for the community center. Rob Sexton, 1320 Christina Way and member of the Central Coast Theatre, spoke in support of the civic center. Ed Mayo, President of the Mozart Festival, spoke in support of the center. Peggy Peterson, 1591 Royal Way, spoke in support of the civic center. Greg Hine, 216 Broad Street and a member of the Civic Steering Committee, also spoke in support. Marcel Cote, 1351 Cavalier, was concerned that the parking fund be used strictly for parking uses and also urged removal of a time limit on the meters after 20 cents. CITY COUNCIL MINUTES - TUESDAY, JUNE 18, 1985 - 7:00 P.M. PAGE 3 Vern Matteson, San Luis Obispo, spoke on behalf of the Laguna Lake Mens' Golf Association, stating their concern about the increased golf fees. He felt that the fees were excessive and would urge Council's review, particularly as it relates to the senior citizens using the course. Mayor Billig declared the public hearing closed. Councilman Settle stated that he could.support changing the wording with regard to the civic center and leaving out the word appropriateness. Councilmembers Dunin and Griffin suggested the language be left as is. Mayor Billig was concerned that it was important that the civic center be built in the downtown area. After discussion Councilman Griffin suggested revised language to read, "To assess the siteing, financing, major features, operations and long -term maintenance of a community performing arts facility in or near the downtown core." Council concurred (4 -0 -1, Councilwoman Dovey absent). On motion of Councilman Settle, seconded by Councilman Griffin, Resolution No. 5702 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving the Operating Budget in the amount of $18,306,646 (1985 -86) (4 -0 -1, Councilwoman Dovey absent). On motion of Councilman Settle, seconded by Councilman Griffin, Resolution No. 5703 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving the Capital Improvement Program in the amount of $5,616,470 (19.85 -86), including Revenue Sharing Appropriations Entitlement 16 and 17 of $890,000 and new Reserves of $450,070 (3 -1 -1, Councilman Dunin voting no; Councilwoman Dovey absent). On motion of Councilman Griffin, seconded by Councilman Settle, Resolution No. 5704 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving one -year agreement with Dieter Heinz for chemist services for the City for period July 1, 1985, through June 30, 1986 ($3,000) (4 -0 -1, Councilwoman Dovey absent). Resolution No. 5705 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving one -year agreement with the County of San Luis Obispo to provide animal regulation services for period July 1, 1985, through June 30, 1986 (not to exceed $22,000) (4 -0 -1, Councilwoman Dovey absent). Resolution No. 5706 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving one -year agreement with the San Luis Obispo Swim Club, Inc., for use of Municipal Swimming Pool at Sinsheimer Park for period July 1, 1985, through June 30, 1985 (4 -0 -1, Councilwoman Dovey absent). Staff authorized to prepare a fee resolution for the Laguna Lake Municipal Golf Course as recommended (fee resolution scheduled for 7/2/85). Motion carried (4 -0 -1, Councilwoman Dovey absent). 8:15 p.m. Mayor Billig declared a recess. 8:35 p.m. City Council reconvened, Councilwoman Dovey absent. 2. CABLE RATE INCREASE (File #143) Council held a public hearing to consider a request by Sonic Cable TV for proposed cable rate increase affecting commercial and motel /hotel customers. Dave Romero, Public Works Director, responded to some of the questions stating that the parking fund could and that he was unfamiliar with the only be used for parking policy with regard - related uses to a 20 cent unlimited use of parking meter time. A report back on the parking issue would be coming in the next 4 -6 months. He also spoke to the need for the increased fees to help offset additional personnel and improvements required at the golf course. Councilman Settle stated that he could.support changing the wording with regard to the civic center and leaving out the word appropriateness. Councilmembers Dunin and Griffin suggested the language be left as is. Mayor Billig was concerned that it was important that the civic center be built in the downtown area. After discussion Councilman Griffin suggested revised language to read, "To assess the siteing, financing, major features, operations and long -term maintenance of a community performing arts facility in or near the downtown core." Council concurred (4 -0 -1, Councilwoman Dovey absent). On motion of Councilman Settle, seconded by Councilman Griffin, Resolution No. 5702 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving the Operating Budget in the amount of $18,306,646 (1985 -86) (4 -0 -1, Councilwoman Dovey absent). On motion of Councilman Settle, seconded by Councilman Griffin, Resolution No. 5703 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving the Capital Improvement Program in the amount of $5,616,470 (19.85 -86), including Revenue Sharing Appropriations Entitlement 16 and 17 of $890,000 and new Reserves of $450,070 (3 -1 -1, Councilman Dunin voting no; Councilwoman Dovey absent). On motion of Councilman Griffin, seconded by Councilman Settle, Resolution No. 5704 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving one -year agreement with Dieter Heinz for chemist services for the City for period July 1, 1985, through June 30, 1986 ($3,000) (4 -0 -1, Councilwoman Dovey absent). Resolution No. 5705 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving one -year agreement with the County of San Luis Obispo to provide animal regulation services for period July 1, 1985, through June 30, 1986 (not to exceed $22,000) (4 -0 -1, Councilwoman Dovey absent). Resolution No. 5706 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving one -year agreement with the San Luis Obispo Swim Club, Inc., for use of Municipal Swimming Pool at Sinsheimer Park for period July 1, 1985, through June 30, 1985 (4 -0 -1, Councilwoman Dovey absent). Staff authorized to prepare a fee resolution for the Laguna Lake Municipal Golf Course as recommended (fee resolution scheduled for 7/2/85). Motion carried (4 -0 -1, Councilwoman Dovey absent). 8:15 p.m. Mayor Billig declared a recess. 8:35 p.m. City Council reconvened, Councilwoman Dovey absent. 2. CABLE RATE INCREASE (File #143) Council held a public hearing to consider a request by Sonic Cable TV for proposed cable rate increase affecting commercial and motel /hotel customers. CITY COUNCIL MINUTES - TUESDAY, JUNE 18, 1985 - 7:00 P.M. PAGE 4 Roger Picquet, City Attorney, reviewed a lengthy agenda report concerning its history, litigation and the proposed rate increase request, with the recommendation that Council hold the hearing, evaluate the testimony, and either approve or deny the request. Mayor Billie declared the public hearing open. John Crib, General Manager of Sonic, stated that they had sent out notices to affected subscribers. He then reviewed the proposed charges and changes to the rates. He stated that the primary differences had been between the residential and commercial, which they were now trying to make more equitable. Councilman Dunin stated that he had requested an opinion from the City Attorney's Office as to whether or not he would be deemed having a conflict of interest with regard to this case, which the Attorney's Office stated that he was not. Jess Norris spoke in opposition to the proposed rates, which he felt were excessive. He did not like the tone of the letter that was sent by Sonic stating that the increase was to be effective July 1 when the Council had not yet reviewed it. He also reviewed previous problems that he has had with the company and the negative effect that it would have on apartment and mobilehome units. Rolf Martin, 450 Morro Street, also took exception to the rate increase as he felt that it related to a much higher percentage and couldn't be justified. Charles Long, mobilehome owner and President of the Motel /Hotel Association, spoke against the proposed rate increase and also stressed that it would affect the elderly the hardest. Jim Buttery, 1304 Pacific Street and representing various mobilehome parks, also spoke in opposition to the proposed rate increase and hoped the Council would deny the request regardless of the litigation that has gone on for many years. He was concerned about the lack of notice given before the rate increase would become effective and the many inequities that are suggested as part of the increase. Mayor Billie declared the public hearing closed. Roger Picquet, City Attorney, responded to various issues raised by the public. Councilman Griffin stated that he could support the requested increase provided an amendment was made to the resolution to include an additional whereas speaking to the changes in State and Federal laws regarding cable television. These laws put additional hardships on municipalities as far as governing those rates. Councilman Settle, stated he could support the proposed resolution with the amendments as suggested by Councilman Griffin. Councilman Dunin stated that he was disappointed in the lack of response by the cable company with regard to establishing an effective date as early as July 1. Mayor Billig also with regret felt that she could support the increase acknowledging that the municipalities have very little to say as far as regulating cable companies. On motion of Councilman Griffin, seconded by Councilman Settle, Resolution No. 5707 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving rate increase with the amendment to add the second whereas as recommended by Councilman Griffin. (3 -1 -1, Councilman Dunin voting no; Councilwoman Dovey absent). 10:05 p.m. Mayor Billig declared a recess. 10:15 p.m. City Council reconvened, Councilwoman Dovey absent. CITY COUNCIL MINUTES - TUESDAY, JUNE 18, 1985 - 7:00 P.M. PAGE 5 3. PROPOSED SUBDIVISION - TRACT 1308 (File 410 -1308 Council held a public hearing to consider a Planning Commission recommendation to grant tentative map approval for Tract 1308 (Rustic Gardens), creating an 8 -unit residential air- space,condominium complex at 670 Chorro Street; R -4 zone; Barry Williams, subdivider (continued from from 3- 19 -85). Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution approving the tentative map as recommended. Mayor Billig declared the public hearing open. Barry Williams, project architect and representing the applicant, reviewed the concerns stated by Council at their last meeting and explained the proposed changes of his proposal, i.e. height, parking, density, noise, architectural character, criteria. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, Resolution No. 5708 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving tentative map for Tract 1308 (4 -0 -1, Councilwoman Dovey absent). 4. JOHNSON AVENUE - GENERAL PLAN /REZONING AND APPEAL (File #463) The Johnson Avenue General Plan amendment and rezoning.request and appeal for property at 2143 Johnson Avenue, M.S. 85 -86; J. Ekegren, B. Patterson & J. Tedford, applicant; Rob Strong, appellant, was continued by Council indefinetly at the request of the County of San Luis Obispo (4 -0 -1, Councilwoman Dovey absent). 5. LOS OSOS VALLEY ROAD - GP /R 1215 (File #463) Council held a public hearing to consider a Planning Commission recommen- dation to amend the Land Use Element map and zoning map to change the designations of approximately 2:4 acres from service - commercial special consideration (C -S -S) to tourist commercial (C -T) at 12300 Los Osos Valley Road; John Rosetti, applicant. Toby Ross, Community Development Director, briefly reviewed the agenda report with the recommendation that Council deny the amendment to the general plan and zoning map. _ , . Mayor Billig declared the public hearing open. Vic Montgomery, representing the owners and one of the owners himself (776 Mill Street), spoke to the proposed request and reviewed the history of the zoning and the use of the property stating that they had been owners for some time-and were familiar with previous actions taken by the-city: He stated that they had contacted all auto dealers!in the city to see.if they might be interested in obtaining this parcel for auto - related uses as requested by the Council. He felt that the C -T zoning was more in keeping with the surrounding uses. He stated that it was their intent to develop a project whether the property remains C -S or is rezoned to C -T, however, he felt this area was clearly tourist related and would, therefore, urge the Council's support. He also reviewed some of what he considered to be inconsistencies in the staff report with regard to numbers and percentages the staff used. Don Smith, 1111 Vista Del Lago, stated he was opposed to the project, was concerned about the water impacts and that this was a threat to the character of the community. Therefore, he would request denial. Archie Woodward, General Manager of Sunset Honda, stated he would be opposed to the requested rezoning. He felt it was good location for auto dealerships. He was also past president of the car dealers and stated that he had recently spoken with two dealers who stated they would be interested in relocating to this location. He also disagreed with the previous speaker that it was.not a tourist area. CITY COUNCIL MINUTES - TUESDAY, JUNE 18, 1985 - 7:00 P.M. PAGE 6 Vic Montgomery and John Rosetti then responded to the previous speaker's comments. Mayor Billig declared the public hearing closed. Councilman Dunin stated that he could support or deny, however, he was more in favor of supporting the project as C -T. He was very concerned with the planning report and the inconsistencies of its numbers. Councilman Griffin was concerned about the timing, felt it was premature for this particular proposal and, therefore, would support denial. Mayor Billig agreed, felt that the C -T was not compatible with the existing uses and would, therefore, deny the request. On motion of Councilman Griffin, seconded by Councilman Settle, Resolution No. 5709 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended by staff denying amendment to General Plan and zone map with addition to paragraph C at the end of the sentence "...to the expanded initial study which also conditions the negative declaration based on an expanded initial study prepared June 4, 1985." (4 -0 -1, Councilwoman Dovey absent). U N I C A T I 0 N S C -1 Staff directed to prepare letter for the Mayor's signature to the legislature expressing city concerns regarding Governor's toxic waste management reorganization plan. Council to submit comments to staff. C -2 Staff directed to prepare resolution declaring 1985 as the year to reverse the Nuclear Arms Race. C -3 Council supported Council /Management Team Building Training Program as proposed. I C -4 Council supported denial of proposed helium - filled balloon sign. C -5 Staff directed to report back on request to allow petroleum extraction in the Irish Hills. -. 11:30 p.m. Mayor Billie adjourned the meeting to closed session to consider personnel matters under Government Code Section 54957 and, under Government Code Section 54956.8 giving instructions to the city's negotiator regarding negotiations for Copeland Partnership II and Knight, Towle, Sage & Johnson regarding the purchase of property at 879 Morro Street and 860 Pacific Street, respectively. 12:20 a.m. City Council reconvened in open session, Councilwoman Dovey absent. There being no further business to come before the City Council, Mayor Billig adjourned the meeting -at 12:20 a:m. t"onday, July 1, 1985, at . 12:10 p.m. - i Pamela Voges, APPROVED BY COUNCIL: 8 -6 -85