HomeMy WebLinkAbout12/17/1985M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 17, 1985 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers
Present: Vice -Mayor GlennaDeane Dovey, Robert Griffin, Penny Rappa,
Allen K. Settle (arrived at 7:02 p.m.) and Mayor Ron Dunin
Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Roger Picquet, City
Attorney; Pamela Voges, City Clerk; Toby Ross, Community
Development Director; Steve Henderson, Assistant to the
Administrative Officer; Don Engiert, Police Chief; Roberta
Goddard, Finance Director
C O N S E N T A G E N D A
Moved by Griffin /Settle (5 -0), to approve the consent agenda as
recommended by the City Administrative Officer with the exception of
amendment to C -4. The following actions taken as indicated:
C -1 CLAIM AGAINST THE CITY - HARRIS (File #189)
Claim against the City by Michael Harris in the amount of $563.00 for
damages to his vehicle allegedly caused when he swerved to avoid a city
fire truck was denied as recommended (5 -0).
C -2 PLANS AND SPECIFICATIONS - SINSHEIMER POOL
Plans and specifications approved for "Sinsheimer Pool Storage Area
Project," City Plan No. J -28Y; bid estimate $25,200, without
contingencies, as recommended (5 -0).
C -3 ADVISORY BODY APPOINTMENTS (File #475)
Confirmed appointments of Brad Bilsten, J. Michael Brady, Lynn Cooper,
John French, Ken Frommelt and Michael Frucht to the Business Improvement
Association Board of Directors, terms to expire 12 -31 -87 as recommended
(5 -0).
C -4 COMMUNITY PARKLANDS ACT (File #802)
Resolution No. 5856 (1985 Series), was adopted supporting Community
Parklands Act of 1986 which proposes to submit a $100 million general
obligation bond issue for per capita grants for local parks to the voters
at the June 1986 Primary Election as amended to include additional
Whereas's which reinforced why the Council was supporting SB806 (5 -0).
C -5 PERMIT PARKING - CITY LOT (File #552)
Resolution No. 5857 (1985 Series), was adopted setting daily permit rate
at 75 cents per day in Lot 14.1ocated between Palm and Monterey Street
near Nipomo Street as recommended (5 -0).
CITY COUNCIL MINUTES - TUESDAY, DECEMBER 17, 1985 - 7:00 P.M. PAGE 2
C -6 AMTRAK DEPOT (File #432)
A. Resolution No. 5858 (1985 Series), was adopted as recommended
approving purchase of property adjacent to the railroad depot from
Southern Pacific (total cost estimated at $500,000; City's share $250,000;
Caltrans $250,000). This will allow construction of improvements at the
railroad depot and adjacent parking area (SLO Intermodal Facility Project)
(5 -O).
B. Resolution No. 5859 (1985 Series), was adopted approving Parking
Management Program for the Amtrak Station and Railroad Square as
recommended (5 -0).
C -7 JOINT USE OF TRANSIT COACHES (File #548)
Memorandum of Understanding approved for providing for joint use of
transit coaches by the City of San Luis Obispo and North Coastal Transit
(continued from 11- 19 -85) as recommended (5 -0).
A P P O I N T M E N T S
A. ADVISORY BODY APPOINTMENT (File #125)
Councilman Griffin reviewed the Council Subcommittee report stating that
the Subcommittee was recommending LaVerne Schneider to fill an unexpired
term to the Promotional Coordinating ending 3- 31 -86, and Josef Kasparowitz
to fill an unexpired term ending 3- 31 -87.
Moved by Griffin /Rappa (5 -0), to make the appointments of LaVerne
Schneider (3- 31 -86) and Josef Kasparowitz (3- 31 -87) to the Promotional
Coordinating Committee as recommended.
P R E S E N T A T I O N
1. 1984 -85 FINANCIAL AUDIT (File #223) ,
Presentation was made by Tom Snow of Peat, Marwick, Mitchell and Company
of the 1984 -85 Annual Financial Audit, stating that the City was still in
excellent financial condition.
Moved by Settle /Griffin (5 -0), to receive and file the financial audit
report as recommended.
Councilman Griffin requested staff to look at the enterprise funds in more
detail.
P U B L I C H E A R I N G S
2. UTILITY USERS TAX (File #294)
Council held a public hearing to consider giving final passage to
Ordinance No. 1049, to allow for utility users tax refund by utility
companies pursuant to PUC orders for rate refunds (continued from
12- 3 -85).
Bobbie Goddard, Finance Director, reviewed the agenda report with the
recommendation that Council give final passage to the ordinance as
introduced.
Mayor Dunin declared the public hearing open. No one spoke for or against
the ordinance. Mayor Dunin declared the public hearing closed.
Moved by Settle /Griffin (5 -0), to give final passage to Ordinance No.
1049, to allow for utility users tax refunds along with service refunds as
recommended.
3. STREET ABANDONMENTS /FINAL MAP APPROVALS (File #410 - 926/1034/1064)
Moved by DOVey /Settle (5 -0), to continue to date certain January 7, 1986,
CITY COUNCIL MINUTES - TUESDAY, DECEMBER 17, 1985 - 7:00 P.M. PAGE 3
the public hearing to consider actions relating to the Terrace Hill
Development (final street abandonments of portions of Florence, Leona,
Haskin, Bushnell and William Streets and final map approvals for Tracts
926, 1034 and 1064); R -1 -PD, zones, Cuesta Valley Properties (John
French), subdivider.
7:17 p.m. Mayor Dunin adjourned the meeting to closed session to discuss
litigation matters regarding the Chumash Mobilehome appeal. 7:25 p.m.
City Council reconvened in open session, all Councilmembers present.
4. STREAMBED ABATEMENT (File #597)
Council held a public hearing to consider giving final passage to
Ordinance No. 1051, regarding abatement of dangerous obstructions in
streambeds (Continued from 7 -2 -85 and 12- 3 -85).
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council give final passage to the ordinance as
introduced.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed final passage. Mayor Dunin declared the public hearing
closed.
Moved by Settle /Griffin (5 -0), to give final passage to Ordinance No.
1051, regarding abatement of dangerous obstructions in streambeds as
recommended.
5. PARKING REQUIREMENTS (File #463)
Council held a public hearing to consider giving final passage to
Ordinance No. 1050, amending the Zoning Regulations to extend the current
provision for six months regarding parking requirements in the
Central - Commercial zone (continued from 12- 3 -85).
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council give final passage to the ordinance as
introduced.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed final passage. Mayor Dunin declared the public hearing
closed.
Moved by Settle /Griffin (5 -0), to give final passage to Ordinance No.
1050, amending the Zoning Regulations to extend the current provision for
six months regarding parking requirements in the Central - Commercial zone
as recommended.
6. INDUSTRIAL DEVELOPMENT BONDS (File #416)
Council held a public hearing to consider issuing Industrial Development
Bonds in the amount of $6,000,000 for Gottschalk's (located in the San
Luis Mall) (continued from 10 -15 -85 and 12- 9 -85).
Bobbie Goddard, Finance Director, reviewed the agenda report at length and
stated that staff recommendation was Council adoption of a resolution
which would give public approval to the issuance of Industrial Development
Bonds for the Gottschalk project and San Luis Mall not to exceed
' $6,000,000.
Jorgen Nielsen, City's bond counsel from San Francisco, reviewed the
particulars with bonds and how they had been used successfully in other
cities with similar types of projects. He was also available for
questions.
Upon question by Councilman Settle, Mr. Nielsen stated that the IDB's
would have no effect on the liability or credibility of the city.
Mayor Dunin declared the public hearing open.
Giselle Naylor, 1720 Johnson Avenue, questioned if the project exceeded
the $6,000,000, who was to be held liable; and if there was any limit, she
CITY COUNCIL MINUTES - TUESDAY, DECEMBER 17, 1985 - 7:00 P.M. PAGE 4
also questioned why a 2 /3rds vote by the people was not required to allow
this.
All questions were responded to by staff or bond counsel immediately
following presentation by the speakers.
Fran Ferman, 1700 Alisco Court, questioned why the City would support a
project when the owner was an out -of -town developer such as Gottschalk's
and what their real tax advantage would be.
Ross Humphrey, owner of Riley's Department Store, read into the record a 1
letter he had submitted to the Council with various concerns regarding the
proposed financing and urged against Council's approval.
Tom Brown, 611 Pasitiempo, also questioned the economic benefits being
derived and would others be given an equal opportunity should they apply
for these funds.
Don Smith, 1111 Vista del Lago, did feel that the City was getting a good
deal as well as Gottschalk's, however, he felt that the taxpayers should
have been better informed, and this should have been discussed at length
up front.
Joe Levy, Chairman of Gottschalk's, spoke to the financing aspects, stated
this had been discussed with staff for the last couple of years and
answered many of the questions raised by previous speakers with regard to
exact dollar amounts for the financing. He stated that at this time they
were still negotiating, however, the limit would not be in excess of $5.5
million with Wells Fargo. They were looking at a spread of between 8.5%
and 11% conventionally, approximately a 2 1 /2% spread. At this time the
bonds would probably be for 10 years, not 15. After 5 years-it may be
that it would be offered back against prime. Gottschalk's were paying for
costs of all attornies involved, including Wells Fargo and the City's,
which had cost approximatley $150,000 to date. He stated also that the
negotiations did not include inventory but did include fixtures. ,
Ron Bearce read into the record a letter he had received from Virginia
Rogers of Brazil's Jewlers who asked that this item be postponed and that
there be an opportunity for additional comment and review. Mr. Bearce
asked several questions as to how the financing was arrived at, what
benefit the City would derive, and how other buisnesses would be affected.
Bob Carpenter, 751 Buchon Street, felt that the City was looking at this
as an opportunity to finance improvements, rather than looking at how this
would effect the community on an overall basis.
Joe Hubner, 249 Patricia Court and a downtown businessman, stated he was
not afraid of a competing business and would even encourage it. He was
concerned about who was ultimately going to pay the costs for bringing in
this type of business.
Rick Racouillat, 511 Serrano Drive, was concerned that there be a policy
in place with regard to the earmarking of these funds to go towards this
type of project. It was his understanding that this is not made clear as
part of the agreements.
Paul Lanspery, Administrative Officer, then reviewed some of the financing
particulars.
Mayor Dunin declared the public hearing closed.
9:05 p.m. Mayor Dunin declared a recess. 9:20 p.m. City Council
reconvened, all Councilmembers present.
Councilman Griffin stated that to a certain extent, each of the three
methods of financing would affect someone. He was, therefore, still
inclined to support the resolution. He felt it was a form of innovative
financing which was necessary to help the city maintain its fiscal
responsibility.
Councilman Settle agreed stating that as the city no longer had general
revenue sharing funds available, it was important to provide
self- sufficiency. He would encourage this as well as other forms of debt
CITY COUNCIL MINUTES - TUESDAY, DECEMBER 17, 1985 - 7:00 P.M. PAGE 5
Councilwoman Dove y commented that had this method of financing been used
as an inducement to bring Gottschalk's and if there was no other way that
they would have been able to come in, she would have looked at this
differently. As it is, there is no risk to the city and she felt it was a
real plus for the city in gaining the $250,000.
Councilwoman Rappa could support the resolution in order for the city to
become more independent and felt this was a mechanism and an opportunity
to help the whole community. She asked that the public remember that
these are not the city's funds and that the city is only the facilitator
for the Federal government. They would have these funds available anyway.
Mayor Dunin felt that the city needed to continue to look at innovative
financing. This is government working with private industry to help the
entire community and he would, therefore, support the resolution as
recommended.
Moved by Settle /Griffin (5 -0), to adopt Resolution No. 5860 (1985 Series),
approving issuance of industrial development bonds for the Gottschalk's
project in the San Luis Mall not to exceed $6 million as recommended.
9:50 p.m. Mayor Dunin declared a recess. 9:55 p.m. City Council
reconvened, all Councilmembers present.
7. APPEAL - 651 FOOTHILL BLVD. (File #407)
Pam Voges, City Clerk, stated that there had been a request by the
appellant to have this item continued to date certain January 7, 1986.
Moved by Dovey /Rappa (5 -0), to continue to date certain January 7, 1986,
the public hearing to consider an appeal by Jacob Feldman and Theodore &
Roberta Foster of a decision by the Community Development Director to
grant a negative declaration of environmental impact for a proposed
132 -unit air -space condominium complex at 651 Foothill Blvd. (Tract 1343).
Mayor Dunin allowed the applicant Pat Smith to make some comments.
Pat Smith asked that the Council consider this appeal this evening rather
than continue it as he felt he had responded to the concerns of the
appellants. He felt they had been minor in nature, and the project had
been put off for a considerable amount of time as it was. He would urge
that they not continue to postpone it.
After brief discussion, Council requested review and recommendation
regarding policy concerning continuance of appeals which would be brought
back with Council Policy & Procedures Manual (5 -0).
8. ENERGY CONSERVATION (File #494)
Council considered an ordinance revising solar water heating requirements
to revise findings to grant exceptions for new condominium projects; City
of San Luis Obispo, applicant.
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council introduce the ordinance to print.
Mayor Dunin declared the public hearing open.
Rick Webster, representing Tract 1323, urged the Council to delete the
requirement entirely as he felt the ordinance was not flexible enough to
provide exceptions when they should be noted. The geographical area that
San Luis Obispo is in already exceeds most all other areas in the State of
California by over 400%. There was sufficient energy conservation
regulation available making the ordinance unnecessary.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by
introduce to print Ordinance No.
heating requirements with amendm,
and C as suggested by Councilman
Councilwoman Dovey to accept the
"compelling ".
Dovey /Settle (4 -1, Dunin voting no) to
1052 (1985 Series), revising solar water
ants to the exceptions, subsection A, B,
Griffin, with friendly amendment by
revised wording without the word
CITY COUNCIL MINUTES - TUESDAY, DECEMBER 17, 1985 - 7:00 P.M. PAGE 6
9. NEIGHBORHOOD PERMIT PARKING (File #552)
Council considered a request by the Rougeot Place neighborhood to provide
residential permit parking on Rougeot Place.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council deny the request.
Mayor Dunin asked for public comment. None was forthcoming.
Dave Romero stated that after additional discussions since this item went
on the agenda, the neighborhood did not seem to feel as strongly about
this issue.
Moved by Dovey /Dunin (5 -0), to deny their request as recommended by staff.
10. SETBACK LINES (File #532)
Council considered a report recommending a consultant be hired to perform
necessary traffic studies and prepare environmental impact report for
Broad Street corridor setback lines (estimated to cost $25,000).
Councilwoman Raopa stated that she would step down to avoid a possible
conflict of interest.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council direct staff to hire a consultant to perform
necessary traffic studies and prepare environmental impact report for
Broad Street corridor. The final agreement would come back for Council
approval.
Councilman Settle questioned why the city should spent $25,000 to hire a
consultant when it would appear that the consensus of the Council was to
abolish the setback lines.
Mayor Dunin asked for public comment. r
Ron Young, 1426 Broad Street, also spoke against any possible expansion of
Broad Street.
Peg Pinar d, 714 Buchon, asked that this issue be scheduled for a public
hearing and also felt a consultant would be a waste of taxpayers dollars
and was not necessary.
Don Smith, member of Old Town Association, stated he was opposed to the
widening of Broad Street.
Staff commented that because of the environmental process, even if the
Council wished to abolish the Broad Street setback line because of
possible impact to other neighboring streets, the environmental study
would be required.
Moved by Dovey /Griffin (3 -1 -1, Settle voting no, Rappa stepped down), to
accept the status report, continue the action on additional study of Broad
Street setback lines and when completed, initial environmental study to be
referred to the Planning Commission with request to evaluate the land -use
and circulation policy issues and to recommend whether the City Council
should proceed with further study, or amend the General Plan and delete
the setback line.
11. SOLICITORS /PEDDLERS (File #478)
Due to the lateness of the hour, Mayor Dunin requested that this be
continued to the next regular Council meeting on January 7, 1986. Council
concurred (5 -0).
C O M M U N I C A T I O N S
C -1 BEVERAGE BOTTLE RECYCLING
Council Subcommittee (Griffin / Dovey) appointed to draft letter to
Legislature and a news release in support of S.B. 2020 (5 -0).
CITY COUNCIL MINUTES - TUESDAY, DECEMBER 17, 1985 - 7:00 P.M. PAGE 7
C -2 DEEP POCKET LEGISLATION
Staff directed to prepare resolution in support of placing initiative on
ballot and urging legislative action regarding deep pocket legislation
(5 -0).
C -3 REGULATIONS ASSESSMENT COMMITTEE
Councilman Settle requested that the Council Subcommittee (Griffin / Dunin)
to the Regulations Assessment Committee to consider an evaluation form
that might be used as an attachment to building applications taken out by
individuals to provide better tracking and an opportunity to comment on
regulations (5 -0).
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 11:40 p.m. to Monday, December 25, 1985, at
12:00 noon.
Pame a Voges, City C rk
APPROVED BY COUNCIL: 2 -4 -86
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, DECEMBER 23, 1985 - 12:00 NOON
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice -Mayor GlennaDeane Dovey, Robert Griffin, Penny Rappa,
Allen K. Settle (arrived at 12:10 p.m.) and Mayor Ron Dunin
Absent: None
City Staff
Present: Pamela Voges, City Clerk; Roger Picquet, City Attorney; Toby
Ross, Community Development Director; Steve Henderson,
Assistant to the Administrative Officer
I. INDUSTRIAL DEVELOPMENT BONDS - GOTTSCHALK'S (File *416)
Council considered the option of a supplemental resolution authorizing the
issuance of Industrial Development Bonds for the Gottschalk project in the
San Luis Mall not to exceed $6,000,000 (continued from 10- 15 -85, 12 -9 -85
and 12- 17 -85).
Roger Picquet, City Attorney, reviewed the agenda report stating that the
United States National Bank in Portland Oregon was named the trustee which
should be inserted into the resolution should the Council adopt it. He
also stated that the writ of mandate was granted by the Court in the
validation lawsuit.
After brief discussion, moved by Griffin /Settle (5 -0), to adopt Resolution_
No. 5861 (1985 Series), approving supplemental resolution authorizing the
issuance of IDB's for Gottschalk's as amended to add the trustee United
States National Bank.