HomeMy WebLinkAbout09/03/1985M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
ROLL CALL 1
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Vice -Mayor
Allen K. Settle and Mayor Melanie C. Billig
Absent: None
City Staff
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; Steve Henderson, Assistant to the
City Administrative Officer; George Truppelli, Fire Marshal;
Don Englert, Police Chief; Ann Crossey, Personnel Director;
Jim Stockton, Recreation Director; Terry Sanville, Principal
Planner; Bill Hetland, Utilities Manager; Nancy Knofler,
Transit Coordinator; Steve Sowles, Fire Captain
C O N S E N T A G E N D A
On motion of Councilman Settle, seconded by Councilman Dunin, the Consent
Agenda was unanimously approved as recommended by the City Administrative
Officer except for the continuance of Item C -14 (5 -0). The following
actions taken as indicated:
C -1 COUNCIL MINUTES
Council minutes of Tuesday, July 16, 1985 - 7:00 p.m. were approved as
amended (5 -0).
C -2 CONTRACT PAY ESTIMATES
Contract pay estimates and change orders approved and ordered paid as
recommended (5 -0).
C -3 CLAIMS AGAINST THE CITY - SIMONIN (File #189)
Claims against the City by Robert Simonin in unknown amounts for indemnity
regarding lawsuits filed by Forrest W. Broyles and Charles R. Broyles
arising out of an automobile accident on Highway 101 south of Prado Road
were denied as recommended (5 -0).
C -4 CLAIM AGAINST THE CITY MUNCE (File #189)
Claim against the City City by Zephyr Munce in the an unknown amount for '
injuries allegedly caused by improper maintenance of city sidewalk (Garden
and Pismo Streets) was denied as recommended (5 -0).
C -5 PLANS AND SPECIFICATIONS - CREEK IMPROVEMENT PROJECT
Plans and specifications for "Creek Improvement Project in San Luis Creek
at Elk's Lodge," City Plan No. K -05H; bid estimate $70,000, without
contingencies were approved and staff authorized to advertise for bids as
recommended (5 -0).
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M. PAGE 2
Mayor Billig requested that in the future items of this nature be placed
on a regular agenda for discussion.
C -6 REPORT ON BIDS - TRAFFIC SIGNAL INSTALLATION (File #85 -17)
Resolution No. 5777 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted awarding contract to Lee Wilson Electric in
the amount of $108,552 for "Traffic Signal Installation on Los Osos Valley
Road at Laguna Lane and Royal Way," City Plan Nos. K29C and K30C; bid
estimate $126,000; bids opened on August 21, 1985 (5 -0).
C -7 WASTEWATER TREATMENT PLANT (File #523)
Resolution No. 5778 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving "Wastewater Treatment Plant
Computer Based Telemetry Project" and authorizing $45,000 from
unappropriated sewer fund balance as recommended (5 -0).
Mayor Billig commented that this was an excellent project and a good staff
report.
C -8 APPOINTMENT TO THE B.I.A. (File #475)
Appointment of Forrest Watts confirmed to the Business Improvement
Association Board of Directors, term to expire 12 -31 -86 (5 -0).
C -9 TENT PERMIT (File #831)
Resolution No. 5779 (1985 Series), a resolution of the Council of the City
of San'Luis Obispo was adopted approving tent permit for Sonic Disney Days
to be held September 28, 1985, at 270 Bridge Street, as recommended (5 -0).
C -10 MEMORANDUM OF AGREEMENT - POLICE (File #625)
Resolution No. 5780 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving Memorandum of Agreement with the
Police Officer's Association for three year period July 1, 1985, through
June 30, 1988, as recommended (5 -0).
C -11 GRANTS -IN -AID (File #1011)
Resolution No. 5781 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving contract between the City and
Economic Opportunity Commission in the amount of $500 for fiscal year
1985 -86 (5 -0).
C -12 RECREATION DEPARTMENT (File #1171)
Resolution No. 5782 (1985 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving amendment agreement with San Luis
Coastal Unified School District to extend lease through 12/31/85 to allow
office space for the Recreation Department at the San Luis Junior High
School ($708.50/mo.) as recommended (5 -0).
C -13 GRANTS FOR PARK PURPOSES (File #801)
Resolutions Nos. 5783, 5784, 5785, 5786 and 5787 (1985 Series),
resolutions of the Council of the City of San Luis Obispo were adopted
authorizing grant applications for park improvement purposes as
recommended (5 -0).
C -14 LEASE - PEOPLE'S KITCHEN (File #1001)
Consideration of approving an agreement with People's Kitchen to lease
city property locate& at Prado Road at the Fire Training Facility
continued (5 -0).
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M. PAGE 3
P U B L I C H E A R I N G S
1. WEED ABATEMENT (File #723)
Council held a public hearing to consider confirming costs ($16,695.56) to
Southern Pacific Transportation Company for the removal of weeds in
various areas of the City for the last three years.
George Truppelli, Fire Marshal, briefly reviewed the agenda report with
the recommendation that Council adopt the resolution to confirm costs to
Southern Pacific Transportation Company for weed abatement as recommended.
Mayor Billie declared the public hearing open. No one spoke for or
against the proposed resolution. Mayor Billie declared the public hearing
closed.
On motion of Councilman Settle, seconded by Councilman Griffin, Resolution
No. 5788 (1985 Series), a resolution of the Council of the City of San
Luis Obispo was adopted confirming costs to Southern Pacific
Transportation Company for weed abatement as recommended (5 -0).
B U S I N E S S I T E M
2. RAILROAD STATION AND FACILITY IMPROVEMENTS (File #432)
Council reviewed preliminary plans for San Luis Obispo Intermodal Facility
(total project $1,075,000; city's share $530,000).
Nancy Knofler, Transit Manager, reviewed the agenda report which
recommended that Council approve the preliminary plans for the San Luis
Obispo Intermodal Facility and direct staff to authorize to prepare final
plans, specifications and estimates as recommended.
Richard Thompson, project architect, gave a brief presentation of the
renovation to be done.
Mayor Billie asked for public comment. None was forthcoming.
Councilman Griffin requested that the plans be made easily accessible to
the public. He also would hope that the documentation be well reviewed by
staff to ensure that all entities are in accord with the plans and
specifications.
Councilwoman Dove y suggested that there be a good -will celebration once
the improvements were completed and include all the governmental agencies
involved.
On motion of Councilman Settle, seconded by Councilwoman Dovey,
preliminary plans approved and staff authorized to prepare final plans,
specifications and estimates as recommended (5 -0).
P U B L I C H E A R I N G S C O N T I N U E D
3. SAN LUIS MALL (File #416)
Council held a public hearing to consider a Planning Commission
recommendation to amend the final development plan for San Luis Mall to
allow a four screen theatre in lieu of retail space at 353 Madonna Road;
C -R -PD zone; Trojan Enterprises, applicant.
Toby Ross, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council introduce the ordinance which
would affirm the negative declaration of environmental impact and approve
the request with conditions requiring a parking program and changes to the
theatre entry.
Paul Lanspery, Administrative Officer, also reviewed the project with
emphasis on the land use element and how this project relates to land use
policies.
Mayor Billie declared the public hearing open.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M. PAGE 4
Bill Bird, applicant, reviewed what he felt were the two main issues: 1)
the need for the theatres - -if the proposed lessee was unable to build the
theatres in San Luis Obispo, they would probably be built in Arroyo
Grande. The theatres would be an extra drawing card for large conferences
for the hotel. 2) With regard to the parking issue, he felt that the
Madonna merchants would still have sufficient parking available, and it
would not infringe upon them as far as the theatres were concerned.
Morgan Burkett, 1106 Oceanaire, spoke in support of the addition of the
theatres. He felt that the ampitheatres would be a real drawing card for
the conference facilities and would attract high -level conferences.
Richard J. Hutt, 1416 Maria Lane, Walnut Creek and the theatre owner, felt
that this would supply many jobs and a large amount of sales tax
revenue - -also a real plus for the City of San Luis Obispo.
Vic Montgomery, representing the Madonna Road merchants, stated that they
were opposed to the addition of the theatres, not to the project itself,
but the EIR did not address the traffic circulation or parking as it
related to the addition of the theatres. This was a General Plan
inconsistency.
Ray Gallo, also representing the Madonna Road merchants, spoke in
opposition to the exception being given for the EIR process and felt that
the parking problems had not been mitigated.
Mayor Billig declared the public hearing closed.
John King, 254 Santa Ynez, spoke in opposition to the theatres as he felt
it would hurt the downtown.
Councilman Dunin felt that the downtown would be helped in that there
would be less retail space available in the mall and, therefore, not in
conflict with the downtown. He felt that the parking was the biggest
concern but felt this could be mitigated by requiring a bonding
stipulation to provide additional parking if it was found later to be
necessary.
Councilman Settle was supportive of the theatre application as it would
remove additional retail space. He felt that the mixed use was a good
idea. With regard to parking, he felt that there would be a real spinoff
for the Madonna merchants as people who park in the horse -shoe area would
be able to use the services of both shopping areas.
Councilman Griffin could not support the theatres as he felt that the land
use element had some gray areas and would like to see this policy issue
reviewed. He felt that the parking problem did exist and would be
impacted by the additional use with the theatres.
Mayor Billig felt that the downtown must be considered the primary
entertainment center and, therefore, would not want to cause additional
interruption by having the theatres placed outside the downtown area.
After discussion and on motion of Councilman Griffin, seconded by Mayor
Billig to deny the request (3 -2 vote, Councilmembers Dunin and Settle
voting no).
Councilman Griffin requested that the clarification of the policy
statement be made when the LUE is next reviewed.
8:45 p.m. Mayor Billig declared a recess. 9:10 p.m. City Council
reconvened, all Councilmembers present.
4. FINAL MAP APPROVAL - TRACT 940 (File #410 -940)
Council held a public hearing to consider granting final map approval for
Tract 940 (Rancho Lobo Estates), creating a 10 -lot residential subdivision
located at 1451 Andrews Street; R -1 -S and A /C -40 zones; Anthony Wolfe,
subdivider.
Dave Romero, Public Works Director, reviewed the agenda report stating
that the subdivider had met all conditions of the tentative map and was
recommending the Council adopt the resolution approving the final map as
recommended.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M. PAGE 5
Upon question, Steve Sowles, Fire Captain, stated that the fire hazard was
not that great in this area. They were looking at a hillside management
program and felt that the damage from the Las Pilitas fire only affected
the grasslands and would not provide undue danger for the residents this
year.
Council then discussed the pros and cons for fire truck access and fire
prevention measures and also drainage capacity.
Mayor Billig declared the public hearing open.
Cecilia Dundon, 1925 Corralitos, was concerned about fire preventive
measures, the access to fire fighter equipment by way of a fire break and
drainage. She wished to be sure that in the process of diverting the
water from one area, it would not negatively affect their area.
Terry Orton, representing Dr. Wolfe, felt that there was already a
mechanism in place through the weed abatement program that would
sufficiently protect the citizens from fire hazards.
Randal Cruikshanks, 1792 Conejo and originally a proponent of the
development, was concerned about what he felt were the many changes from
the tentative map to the final map stage.
Steve Hanson, 1744 Alisal, felt that the development would provide
additional protection for the neighborhood, not less.
Dr. Tony Wolfe, 1450 Andrews and subdivider, reviewed the project since
its inception and felt that the improvements to be made as a part of the
development would help the neighbors, not hurt them. The fire flow and
drainage issues had been resolved and it was a better way than what
currently exists. He would urge Council approval.
Mayor Billig declared the public hearing closed.
After brief discussion and on motion of Councilwoman Dovey, seconded by
Councilman Dunin, Resolution No. 5789 (1985 Series), a resolution of the
Council of the City of San Luis Obispo was adopted approving the final map
for Tract 940 with amendment as recommended by Councilman Griffin to the
second Whereas, to read "Whereas, the City Council has agreed to modify
condition #8, and the subdivider has willingly agreed in writing to the
modification, to allow automatic fire sprinklers for all new structures
and for all exterior materials to be treated with an approved fire
resistant material in lieu of planting a fire resistive buffer. A)t )t)lp
APPAPA&PIA WAPP/ PAtAPAPA XP A0,0AMAt A,7 xPP APpaAJjAdpfi; and" (4 -1
vote, Councilman Settle voting no).
5. ALCOHOL IN CITY PARKS (File #804)
Council considered an ordinance amending the Municipal Code to prohibit
alcohol in certain city parks.
Jim Stockton, Parks and Recreation Director, reviewed the agenda report
with the recommendation that Council introduce the ordinance to prohibit
alcohol in certain city parks.
Don Englert, Police Chief, briefly reviewed how the enforcement would be
handled which would be primarily on a complaint basis.
Mayor Billig declared the public hearing open.
Mr. Morgenson, 1109 Pismo Street, spoke in support of the ordinance and
asked for a show of hands from the audience as to their support. A
considerable amount of hands went up.
Mike Mendez, 1045 Montalban and with ASI at Cal Poly, asked for
continuance of this subject as he felt that the student body population
had not had sufficient opportunity to review the ordinance and its effect
upon them due to the fact that it was summer break and they would not be
back to classes before September 24.
Penny Rappa, 1435 Broad Street, spoke in support of the ordinance.
i�
1
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M. PAGE 6
Cathy Crivello, 1176 Pismo Street, spoke in support of the ordinance.
Mrs. Silva, 1123 Pismo Street, spoke in support of the ordinance.
Mayor Billie declared the public hearing closed.
Councilwoman Dove y moved the recommended action. Motion failed for lack
of second.
On motion of Councilman Griffin, seconded by Councilman Settle, Ordinance
No.,1042 (1985 Series), an ordinance of the Council of the City of San
Luis Obispo was introduced to prohibit alcohol in certain parks as amended
and further that staff be directed to work with Cal Poly student liaisons
to review ordinance provisions and bring back Ordinance No. 1042 for final
passage on September 24, 1985 (4 -1 vote, Councilman Dunin voting no).
After brief discussion, Councilman Dunin changed his vote to aye.
On motion of Mayor Billie, seconded by Councilman Settle, to adopt urgency
Ordinance No. 1043 (1985 Series), an ordinance of the Council of the City
of San Luis Obispo was introduced and finally passed to prohibit alcohol
in Mitchell Park except in authorized areas and to include the following
findings: 1) danger to health, safety and welfare, 2) drunkeness,
disorderly conduct, panhandling, danger to children, 3) increased
incidence of criminal activity, and 4) loss of use to the community
residents. A sunset clause to be included that this ordinance would
expire upon the effective date of Ordinance No. 1042 (5 -0).
On motion of Mayor Billig, seconded by Councilman Griffin, to direct staff
to work with Cal Poly student liaisons to review ordinance provisions
prior to the September 24 Council meeting and bring back Ordinance No.
1042 at that time (5 -0).
11:40 p.m. Mayor Billig declared a recess. 11:50 p.m. City Council
reconvened, all Councilmembers present.
6. APPEAL PROVISIONS (File #407)
Council considered an ordinance amending the Municipal Code concerning
appeal provisions regarding third -party appeals.
Roger Picquet, City Attorney, briefly reviewed the agenda report with the
recommendation that Council introduce the ordinance amending the appeals
procedures.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed ordinance. Mayor Billi declared the public hearing
closed.
On motion of Councilman Settle, seconded by Councilwoman Dove y, Ordinance
No. 1044 (1985 Series), an ordinance of the Council of the City of San
Luis Obispo was introduced amending appeal provisions concerning
third -party appeals as recommended (5 -0).
B U S I N E S S I T E M
7. GRANTS -IN -AID (File #1011)
Council considered approving a grants -in -aid contract between the City and
Ongoing Access to Recreational Sports (OARS) for fiscal year 1985 -86
totaling $2,500 (conceptual approval given by Council on 5- 21 -85).
Steve Henderson, Assistant to the City Administrative Officer, briefly
reviewed the agenda report with the recommendation that Council adopt the
resolution to fund OARS through the grants -in -aid component of the Human
Relations Commission as recommended.
Council discussed previous policy as regarding grants which would go
toward salary or other administrative costs.
After discussion and on motion of Councilwoman Dove y, seconded by
Councilman Settle, to deny the request for funding.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 3, 1985 - 7:00 P.M. PAGE 7
Councilman Griffin questioned whether a partial amount might be available
prior to the next fiscal year.
Motion carried on a 4 -1 vote, Councilman Griffin voting no.
C O M M U N I C A T I O N S
C -1 Mayor Billie directed to write a letter to the League of California
Cities in support of a state -wide ballot initiative for relief of
joint - several liability (4 -1, Councilwoman Dovey voting no).
C -2 Upon general consensus, the Sister City Program is to come at an
early future study session for discussion (5 -0).
C -3 Staff directed to monitor State action on toxic waste management plan
as it relates to the City.
12:30 a.m. Mayor Billig adjourned the meeting to closed session to confer
with the City Attorney concerning pending litigation and pursuant to
Government Code Section 54956, subparagraph B, subparagraph 1, it is of
the opinion that a signficant exposure to litigation existed.
1:15 a.m. City Council reconved in open session, all Councilmembers
present.
There being no further business to come befo he City Council, Mayor
Billie adjourned the meeting at 1:15 a.m.
1 __ r 4.AA-p
P mela Voges, C 0 y Clerk
APPROVED BY COUNCIL: 11 -19 -85
------------------- - - - - -- ------------------------------------------
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 17, 1985 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Vice -Mayor
Allen K. Settle and Mayor Billig
Absent: None
City Staff
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, Fire Chief; Geoff Grote, Assistant
Administrative Officer
C O N S E N T A G E N D A
On motion of Councilman Griffin, seconded by Councilman Settle, the
consent agenda was unanimously approved as recommended by the City
Administrative Officer (5 -0). The following actions taken as indicated: