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