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HomeMy WebLinkAbout06/02/1987City Council Minutes Page 2 Tuesday, June 2, 1987 - 7:00 p.m. C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended (5 -0). C -3 CLAIM AGAINST THE CITY - DENNY (File #189) Claim against the City by Julie Denny in the amount of $303.91 for damages to automobile windshield allegedly caused by City's failure to control gravel on roadway in construction area on Madonna Road was denied as recommended (5 -0). C -4 CLAIM AGAINST THE CITY - YAZDANI (File #189) Claim against the City by Arfaa Yazdani in the amount of $431.32 for damage to automobile allegedly caused by stray golfball from Laguna Lake Golf Course was denied as recommended (5 -0). C -5 AWARD OF BID - PUBLIC WORKS PROJECTS (File #87 -10) Resolution No. 6223 (1987 Series), was adopted awarding contract to H. D. Peterson in the amount of $116,805 for "Corporation Yard Paving Project, Phase 2," and "Prado Road Widening Project," City Plan Nos. K -36D & R34B, bid estimates $76,000 & $57,500, respectively, and appropriating $15,000 from unappropriated reserves to Project Fund No. 870 and transferring $5,000 from Project Fund No. 872 to Project Fund No. 870 as recommended (5 -0). C -6 SUBDIVISION IMPROVEMENTS (File #410 -1380) Resolution No. 6224 (1987 Series), was adopted as recommended accepting improvements for Tract 1380, a commercial air -space condominium project ' located at 2306 Johnson and 155.1 Bishop; La Parra Jo.int,.Venture_(J... Harrison), - subdivider (5 -0). C -7 STENNER CANYON HYDROELECTRIC PLANT (File #518) Council considered refinancing the Stenner Canyon Hydroelectric plant (annual payment approximately $495,000). Moved by Settle /Dover (5 -0), proposal approved to: 1) exercise the City's option to purchase lease from First Bank of Minneapolis for the Stenner Canyon Hydroelectric Plant; and 2) staff directed to begin negotiations to refinance the amount of the purchase option price as recommended. C -8 ADVISORY BODY BYLAWS (File #453) Moved by Dovey /Dunin (4 -1, Rappa voting no), consideration of approving bylaws for the newly - established Cultural Heritage Committee was continued indefinitely. C -9 STREET ABANDONMENT (File #535) Resolution of Intention No. 6225 (1987 Series), was adopted as recommended to abandon a portion of Jennifer Street, easterly of Rachel Street and public hearing set for July 7, 1987; R -2 zone; Robert S. Cocores, applicant (5 -0). M C -10 GRADING PERMIT (File #402) Resolution No. 6226 (1987 Series), was adopted as recommended authorizing grading permit to temporarily stock pile dirt at 2018 Sierra Way; R -1 zone; A. J. Diani Construction Company, applicant. City Council Minutes Page '3 Tuesday, June 2, 1987 - 7:00 p.m. C -11 TELECOMMUNICATIONS SYSTEM (File #701) Resolution No. 6227 (1987 Series), was adopted as recommended approving a joint powers agreement between the City and the Counties of San Luis Obispo and Santa Barbara required for replacement of the Law Enforcement Message Switching System (City's portion approximately $36,000 in 1987 -89 ' CIP budget) (5 -0). C -12 AUDIT SERVICES (File #221) Staff authorized to negotiate a one -year contract with Peat, Marwick, Main & Company as recommended to perform audit services for fiscal year ending June 30, 1987, with an option for an additional four years (one year estimated to cost $30,000). (Future extensions to be brought back for Council approval). Staff directed to send letter of thanks to the Cal Poly faculty involved in the screening process. A D V I S O R Y B 0 D Y A P P O I N T M E N T A. ADVISORY BODY APPOINTMENT (File #125) Council Subcommittee (Dovey /Rappa) recommended Fay Potashin to the Human Relations Commission for a term to expire 3- 31 -88. Moved by Dovey /Rappa (5 -0), to appoint Fay Potashin to the Human Relations Commission to fill an unexpired term expiring 3 -31 -88 as recommended. P U B L I C H E A R I N G S I. BINGO REGULATIONS (File #302) Council held a public hearing to consider giving final passage to Ordinance No. 1090, amending Chapter 5.32 of the Municipal Code-regarding ... bingo regulations to conform with State law (continued from 5- 19 -87). Roger Picquet., City Attorney, briefly reviewed the agenda report with the recommendation that Council give final passage as recommended. Mayor Dunin declared the public hearing open. Mike Peterson, Attorney for the Elk's Lodge, stated he was available for questions, that his client did not have any concerns with the ordinance as written. Mayor Dunin declared the public hearing closed. Moved by Settle /Griffin (5 -0), Ordinance No. 1090 (1987 Series), was given final passage. 2. APPEAL - PLANNING COMMISSION (File #407) Council held a public hearing to consider an appeal by James A. Webber of a decision by the Planning Commission to approve an amendment to a conditional use permit for a restaurant and assembly room at 1135 Morro Street previously known as the Morro Rock Cafe. 1 Mike Multari, Community Development Director, briefly reviewed the council agenda report with the recommendation that Council adopt the resolution which would deny the appeal and allow the use permit to remain in effect with the findings and conditions as approved by the Planning Commission. Mayor Dunin declared the public hearing open. Jim Webber, appellant, spoke in support of his appeal, primarily concerned with the noise levels and lack of enforcement by the Police Department. Katherine Haroutunian, 1120 Morro and whose parents are owners of the Granada Hotel, said there have been considerable problems associated with the restaurant and urged a use permit denial. City Council Minutes Page 4 Tuesday, June 2, 1987 - 7:00 p.m. Brent Murdock, Manager of the Granada Hotel, also spoke against the permit. Glo Rivera, 1722 Manhattan and an advertiser in Arroyo Grande, spoke in support of the restaurant use.. Melissa Black, applicant, spoke in support of the permitted use. ' Terry Simons spoke in support of Mrs. Black's use permit. Mayor Dunin declared the public hearing closed. Council held lengthy discussion and posed several questions related to various noise mitigation options. After discussion, moved by Rappa /Settle (3 -2, Griffin & Dunin voting no), Resolution No. 6228 (1987 Series), was adopted denying the appeal and allowing the use permit to remain in effect with findings and conditions as approved by the Planning Commission. Moved by Rappa /Dovev (5 -0), staff was directed to reevaluate the Noise Ordinance in relationship to those sections relating to its definition and established standards concerning ambient noise levels. Staff also to evaluate outside amplified music as part of its report. 3. MOBILEHOME RENT REGULATIONS (File #428) Council held a public hearing to consider an Mobilehome Rent Stabilization Regulations to review of issues relating to mobilehome rent scheduled to consider: 1) fair & reasonable Price Index; and 3) whether to provide for h (continued from 4- 14 -87). ordinance amending the provide for City Council stabilization. Council was rate of return; 2) Consumer ?aring officer review Upon question to the City Attorney, Mayor Dunin stepped down due tor a possible conflict of interest. Vice -Mayor Griffin presiding. 8:20 p.m., Vice -Mayor Griffin declared a recess. 8:35 p.m., City Council reconvened, Mayor Dunin absent. Roger Picauet, City Attorney, briefly reviewed the agenda report outlining the specific issues in front of the Council. He recommended that the Council introduce the ordinance to print which would amend the mobilehome park rent stabilization ordinance to substitute the City Council for the Rent Review Board. Further, that staff be directed to return with specific recommendations concerning other modifications to the rent stabilization ordinance on those issues that the Council was asked to consider, which were: 1) methodology for determining a reasonable rate of return; 2) hearing officer; 3) consumer price index; and 4) definition of recreational vehicle. There were three remaining issues to be returned to the Council: 1) rent control based on economic need; 2) mediation; and 3) water monitoring /utility allowance. Councilwoman Rappa stated she would have preferred if there had been a 1 legislative draft made available of the recommended changes to the ordinance. Roger Picauet, City Attorney, stated that there were no significant changes to the ordinance with the exception of replacing the Rent Review Board with the Council. Vice -Mayor Griffin declared the public hearing open. Dennis Law, attorney representing park owners, was concerned that the Council was only going to be reviewing four of seven issues that had been previously addressed, and that this piecemeal effect would make this a lengthy process. In order to make it more expeditiously resolved, he City Council.Minutes Page 5 Tuesday, June 2, 1987 - 7:00 p.m. would hope that the park owners and tenants be given an opportunity to come together to work out their differences. He suggested a four to six month period. Paul Beauvais, president of Creekside Mobilehome Association, stated he would welcome any opportunity of resolving their differences with the park owners, although he was doubtful. 1 Naoma Wright, member of the Mobilehome Rent Review Board, gave a brief review of what the Board has been through up to now, and felt it important that the Council consider the Board's recommendations. Charlene Hall, resident of Oceano spoke in support of the ordinance. Pat Flemine, manager of Creekside, questioned how the Council would act any differently than the Rent Review Board has in this similar capacity. Vice -Mayor Griffin declared the public hearing closed. Moved by Dovey /Settle (4 -1, Mayor Dunin absent), Ordinance No. 1091 (1987 Series), was introduced to print with minor amendments as proposed by Council and further to provide Council review rather than the Mobilehome Rent Review Board. Moved by Settle to direct staff to being back a complete and comprehensive recommendation concerning the modifications as outlined in the staff report and the three previously discussed issues. Motion died for lack of a second. After discussion, moved by Rappa /Griffin, (4 -1, Dunin absent), to continue this item for two weeks pending the outcome of the park owners and tenants ' meeting together. Moved by Settle /Griffin (3 -1 -1, Rappa voting no, Dunin absent), that upon the inability of the park owners and tenants to begin their deliberations, that staff be directed to bring back the four issues as noted in the staff report received this date and include rent control based on economic need, mediation, water monitoring /utility allowance as previously discussed and include some review of the safe harbor and vacancy decontrol issues, and the entire package to be brought back by the June 16 Council meeting. Mayor Dunin returned to his seat. 9:30 p.m., Mayor Dunin declared a recess. 9:40 p.m., City Council reconvened, all Councilmembers present. 4. GRANTS -IN -AID (File *1045) Council held a public hearing to consider Human Relations Commission recommendations for grants -in -aid funding to 14 organizations for fiscal year 1987 -88 (total requested $95,389; H.R.C. recommended $65,500; Subcommittee recommended $63,000). H.R.C. Council Requested Recommended Recommended 1. Hospice 1,500 $ 11000 $ 1,000 ' 2. Family Services Center 4,200 3,000 4,200 3. Child Development Center 11,025 7,500 7,500 4. Salvation Army 25,000 22,500 25,000 5. Retired Senior Volunteer Program 31000 1,800 2,000 6. Senior Nutrition Project 3,964 11000 1,000 7. Caring Callers 750 750 750 8. Transitions, Inc. 5,350 4,500 4,500 9. Rape Crisis Center 1,600 0 0 10. Kids on the Block 4,000 450 450 11. Women's Shelter Project 6,500 4,500 4,500 12. Hotline 8,500 7,500 8,500 13. Casa Solana 10,000 6,000 6,000 14. American Red Cross 10,000 5,000 10,000 Totals $95,389 $65,500 $75,400 City Council Minutes Tuesday, June 2, 1987 - 7:00 p.m. Page 6 Staff was recommending that Council support the HRC recommendation, with the exception of rather than providing $5,000 to the American Red Cross only to provide $2,550 which would allow a $63,000 total which was what had been budgeted. Mayor Dunin then asked for public comment. Don Leonard, representing the Board of Hospice, stated he was there to answer questions. Sarah Backer, a Director of Family Services, spoke in support of additional funds. Andrea Schadt, with'Child Development Center, felt that they do a lot of parenting education and thanked the HRC for its recommendation. Captain Van Heusen, Salvation Army, spoke in support of the recommendation. Joyce Whitman, Retired Senior Volunteer Program, was pleased with the recommended action. Mary Lynn McCormick was also supportive of the recommendation. A representatative from Transitions was also grateful for the recommendation. Maryann Kennedy, of the Women's Shelter, asked for additional funding. Marie Singleton, Hotline, asked for reconsideration for a higher dollar level. Dotty Rasmussen, on behalf of Casa Solano, also supported the recommended dollar level. Erwin Willis, Chairman for the American Red Cross, spoke in support of their request for $10,000. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Settle that the recommendations be approved as recommended by the HRC for funding organizations #1 -13, leaving out the Red Cross. Motion died for lack of a second. Moved by Dunin /Griffin (4 -1, Dovey voting no) to appropriate $10,000 to the American Red Cross, monies to come from the General Fund. Council then went through the organizations #1 -13, reaching a consensus and taking separate motions on each as follows: 1. Hospice - Moved by Dovey to appropriate $1,500 to Hospice. Motion died for lack of a second. Upon general consensus, Council supported the recommendation for $1,000. 2. Family Services Center - Moved by Dovey/Settle (5 -0) to appropriate $4,200. 3. Child Development Center - Moved by Dunin /Dover (5 -0) to appropriate $7,500 as recommended by HRC. 4. Salvation Army - Moved by Dovey/Griffin (5 -0) to appropriate $25,000 as requested. 5. Retired Senior Volunteer Program - Moved by Griffin/Dovey (5 -0) to appropriate $2,000. 6. Senior Nutrition Proiect - Moved by Dovey to appropriate nothing for this agency. Motion died for lack of a second. 1 1 I- City Council Minutes Page 7 Tuesday, June 2, 1987 - 7:00 p.m. Moved by Griffin /Dunin (4 -1, Dovey voting no) to appropriate $1,000 as recommended. 7. Caring Callers - Moved by Settle /Dunin (5 -0) to appropriate $750 as recommended. 8. Transitions, Inc. - Moved by Dunin /Settle (5 -0) to appropriate $4,500 ' as recommended. 9. Rape Crisis Center - Upon general consensus, no funding, as recommended. 10. Kids on the Block - Moved by Settle /Dunin (5 -0) to appropriate $450 as recommended. 11. Women's Shelter Project - Moved by Settle /Dunin (5 -0) to appropriate $4,500 as recommended. 12. Hotline - Moved by Dovey /Griffin (5 -0) to appropriate $8,500 as requested. 13. Casa Solana - Moved by Griffin /Dunin (5 -0) to appropriate $6,000 as recommended. Staff also directed to prepare contracts with each funded agency for approval by the City Council for a total amount of $75,400. C O M M U N I C A T I O N S C -1 STUDENT HOUSING t Staff directed-to write a letter in support of pending legislation for use of university property for group housing. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at 11:05 p.m. to June 15, 1987 at 4:00 p.m. - 0. V _ Pam Voges, City Jerk APPROVED BY COUNCIL: 8 -4 -87 eg M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JUNE 15, 1987 - 4:00 P.H. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL ' Councilmembers Present: GlennaDeane Dovey, Vice -Mayor Robert E. 'Griffin, Penny Rappa, Allen K. Settle and Mayor Ron Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Roger Picquet, City Attorney; Pam Voges, City Clerk; Michael Multari, Community Development Director; Dave Romero, Public Works Director; Toby Ross, Assistant Administrative Officer; Steve Henderson, Assistant to CAO; Mike Dolder, Fire Chief; Don Englert, Police Chief; Bill Hetland, Utilities Manager; Ann Crossey, Personnel Director; Dave Elliott, Administrative Assistant