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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: