HomeMy WebLinkAbout06/16/1987M I N U T E S
REGULAR MEETING OF THE CITY COUCNIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 16, 1987 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
1 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 CAO; Steve Henderson, Assistant to CAO:
Mike Dolder, Fire Chief; Jim Stockton, Recreation Director
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C O N S E N T A G E N D A
Moved by Settle /Griffin (5 -0), the Consent Agenda was approved as
recommended by the City Administrative Officer, with item C -10 pulled for
discussion and item C -13 continued. The following actions taken as
indicated:
C -1 COUNCIL MINUTES
Council minutes of Tuesday, April 14, 1987 - 7:00 p.m. and Tuesday,
May 19, 1987 - 7:00 p.m. were approved as amended (5 -0).
C -2 CLAIM.AGAINST THE CITY - HARGRAVE (File #189)
Claim against the City by Alexandra Hargrave for an undisclosed amount for
damages to automobile allegedly caused by City's failure to warn of a
dangerous condition and maintenance of roadway was denied as recommended
(5 -0). Note: Claim was outside City limits - this was a technical denial.
C -3 PUBLIC NUISANCE (File #502)
Resolution of Intention No. 6229 (1987 Series), was adopted to declare the
existence of public nuisance at 663 Church Street, Ilmar Peter Jackson,
property owner, and a public hearing set for July 21, 1987, as recommended
(5 -0).
C -4 GENERAL MUNICIPAL ELECTION (File #324)
Resolution Nos. 6230 & 6231 (1987 Series), were adopted calling the
election for November 3, 1987, and requesting election consolidation with
the County as recommended, and draft initiative for Mobilehome Rent
Stabilization Regulations from Leola Rubottom was received and filed as
recommended (5 -0).
C -5 PLANS AND SPECIFICATIONS - SEWERLINE PROJECT (File #87 -14)
Plans and specifications for "Sewerline Improvement Project ", in Oakridge
Drive Easement, City Plan No. J -04R; bid estimate $51,200, were approved
and staff authorized to advertise for bids as recommended (5 -0).
City Council Minutes
Tuesday, June 16, 1987 - 7:00 p.m.
Page 2
C -6 PLANS AND SPECIFICATIONS - STENNER RESERVOIR (File #87- 16/87 -17)
Plans and specifications for "Stenner Canyon Reservoir No. 2 Cover &
Lining Project," and "Stenner Canyon Reservoir No. 2 Piping Modification
Project," City Plan Nos. L -17M and L -21M; bid estimates $290,000 and
$20,000 respectively were approved and staff authorized to advertise for
bids as recommended (5 -0).
C -7 FINAL SUBDIVISION (File #410 -1308)
Resolution No. 6232 (1987 Series), was adopted as recommended approving
final map for Tract 1308 (Rustic Gardens Condos), an eight -unit
residential air -space condominium complex located at 670 Chorro Street;
R -4 zone; Barry Williams and Wesley Ward, subdividers (5 -0).
C -8 FINAL SUBDIVISION (File #410 -1379)
Resolution No. 6233 (1987 Series), was adopted as recommended approving
final map for Tract 1379 (Laguna Green Homes Phase II), a 17 -unit
residential planned development condominium project located at 1451 Diablo
Drive; R -1 zone; The Carey Group, subdivider (5 -0).
C -9 REED SPRAYING (File #87 -15)
By motion, Council found that spraying of giant reeds in city creeks is
not of a sensitive nature or of exceptional community interest and
approved (5 -0) specifications (bid estimate $27,000). Staff authorized to
advertise for bids and CAO authorized to award contract if the bids are at
or below the estimated bid specifications for spraying of giant reeds in
city creeks as recommended.
C -10 GRADING PERMIT (File *402) ,
Moved by Dovey /Dunin (3 -2, Griffin & Rappa voting no), Resolution No. 6234
(1987 Series), was adopted authorizing grading at 3261 South Higuera
Street; C -S -S zone; Jerry Williams, applicant, based on findings and
subject to conditions as recommended.
C -11 AUDIT SERVICES (File #221)
Resolution No. 6235 (1987 Series), was adopted as recommended approving
agreement with Peat, Marwick, Main & Company to perform audit services for
fiscal year ending June 30, 1987, including an option for an additional
four years (one year estimated to cost $30,000) (continued from 6 -2 -87)
(5 -0).
C -12 STREET CHIP SEAL COAT PROJECT (File #87 -11)
Resolution No. 6236 (1987 Series), was adopted awarding contract for
Street Chip Seal Coat Project, City Plan No. L -16A; bid estimate $115,335
to H. D. Peterson in the amount of $87,000 and Mayor authorized to sign
contract as recommended (5 -0).
C -13 MISSION PLAZA EXPANSION (File #87 -06)
Award of bid for "Mission Plaza Expansion" between Broad and Nipomo
Streets; City Plan No. L -03Y; bid estimate $260,000, -was- continued to next
regular meeting, July 7, 1987 (4 -1, Rappa voting no)..._
P R E S E N T A T I O N
A. LA FIESTA
No presentation made. Item continued indefinitely.
City Council Minutes Page 3
Tuesday, June 16, 1987 - 7:00 p.m.
A D V I S O R Y B 0 D Y A P P O I N T M E N T
B. HUMAN RELATIONS COMMISSION (File #125)
Moved by Dovey /Rappa to recommend to the Council the appointment of Jean
Seitz to the HRC to fill an unexpired term ending March 31, 1989 (5 -0).
1 P U B L I C H E A R I N G S
1. FINAL STREET ABANDONMENT (File #535)
Council held a public hearing to consider approving final abandonment of a
portion of Duncan Road adjacent to Southern Pacific Railroad right -of -way;
M zone; Charles Roeder, applicant (continued from 5- 19 -87).
Dave Romero, Public Works Director, reviewed the agenda report and
recommended that the Council continue this matter until the conditions are
completed for this abandonment.
Moved by Settle /Rappa (5 -0) to continue this item indefinitely.
2. PROPOSED SUBDIVISION (File #411)
Council held a public hearing to consider a recommendation by the
Community Development Director to approve a tentative map for Minor
Subdivision No. 86 -322, creating two lots from one lot, including
exception to street width located at 580 Serrano Drive; R -1 zone; John R.
Ross, subdivider.
Mike Multari, Community
with the recommendation
' tentative map. He also
Richard Schmidt, regist
Luneta Drive to Palomar
minor subdivision.
Development Director, reviewed the agenda report
that Council adopt the resolution approving the
stated that a letter had been received from a
?ring his strong objection to the connection of
Drive that the City would require as part of this
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed subdivision. Mayor Dunin declared the public hearing closed.
Moved by Settle /Griffin (4 -1, Rappa voting no), Resolution No. 6237 (1987
Series) was adopted approving the tentative map for Minor Subdivison No.
86 -322 which would also defer the Serrano sidewalk, pursuant to the
Hearing Officer's recommendation (Exhibit A).
Councilwoman Rappa stated that she also had similar concerns as stated by
Richard Schmidt. She would be in favor of retaining the right -of -way to
keep the City's options open.
3. PROPOSED SUBDIVISION (File #410 -1509)
Council held a public hearing to consider a Planning Commission
recommendation to approve the tentative map for Tract 1509, creating an
8 -lot residential subdivision located at 2576 Johnson Avenue; R -1 zone;
Stan Bell, subdivider.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council adopt the resolution to affirm the
negative declaration of environmental impact and approve the tentative map
with findings and conditions as deemed appropriate.
Mayor Dunin declared the public hearing open.
Rob.Strone, representing the applicant Stan Bell, spoke in support of the
staff's recommendation #2, urging support of the tentative map.
Scott Lathrop, subdivider of Tract 1304, stated that he was concerned
about the number of lots that were being allowed if only a half- street was
being required. He would support the staff's recommended No. 1 resolution
in the packet.
City Council Minutes Page 4
Tuesday, June 16, 1987 - 7:00 p.m.
Martha Reed, 2605 Flora Street, urged that the Council leave the name of
the side street, Marian Way, as it was named after her mother.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Settle /Dovey (5 -0), to continue this item until
the July 21 regular meeting or before, with staff directed to work with
the applicant and the neighboring property owners with the possibility of
bringing back revised agreement that would provide for possible full
street improvements with payback to the current developer.
4. CHUMASH PROPOSED SUBDIVISION (File #410 -1476)
A. Council held a public hearing to consider a Planning Commission
recommendation to reconsider the tentative map for Tract 1476 which
allowed for the conversion of the mobilehome park to resident ownership.
This will create a 235 -unit mobilehome park air -space condominium located
at 3057 South Higuera Street; R -2 zone; Chumash Village Mobilehome Park
Acquisition Association, Inc., applicant (continued from 2- 3 -87).
B. Council considered granting final map approval for Tract 1476.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council adopt a resolution approving the
requested amendment to the conditions of the tentative map with the
modifications as outlined in the staff report. Further, to adopt the
resolution approving the final map for Tract 1476 based on those
conditions.
Mayor Dunin declared the public hearing open.
Susan Hawks, of Continental Associates representing the acquisition
committee, spoke in support of the tentative map,.felt that Conditon #5
was incompatible with State law and recommended Council's deletion of that
condition but to support the map subject to findings and conditions now
recommended by staff.
Pete Peterson, Chumash Space #177, spoke against the conversion and did
not feel that most of the current owners would be able to buy these lots
as proposed. He felt that the provisions did not allow enough leeway for
those on fixed incomes.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Settle /Dovey (5 -0), Resolution No. 6238 (1987
Series), was adopted approving the amendment to the tentative map with the
deletion of Condition #5, adding new Condition #6 as recommended by staff.
Moved by Griffin /Settle (5 -0), to adopt resolution #6239 approving the
final map for tract #1476 as recommended.
It was then moved by Griffin / Dunin to direct staff to review and recommend
possible provisions for hardship cases (5 -0).
8:25 p.m. Mayor Dunin declared a recess. 8:30 p.m. City Council
reconvened, all Councilmembers present.
5. MOBILEHOME RENT REGULATIONS (File 9428)
A. Council held a public hearing to consider granting final passage to
Ordinance No. 1091, amending the Mobilehome Rent Stabilization Regulations
to provide Council review rather than the Mobilehome Rent Review Board
(continued from 4 -14 -87 and 6- 2 -87).
John Dunn, City Administrative Officer, briefly reviewed the agenda report
with the recommendation that Council give final passage to the ordinance
as recommended.
Mayor Dunin declared the public hearing open.
F- ,
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City Council Minutes Page 5
Tuesday, June 16, 1987 - 7:00 p.m.
No one spoke for or against the proposed final passage of the ordinance.
Mayor Dunin declared the public hearing closed.
Moved by Dovey /Rappa (5 -0) Ordinance No. 1091 given final passage amending
the regulations to provide council review as recommended.
B. Council then considered further amendments to the Mobilehome Rent
Review Regulations concerning: 1) methodolgy for determining a reasonable
rate of return; 2) consumer price index; 3) comprehensive review of the
hearing officer precedure; 4) definition of a recreational vehicle; 5)
mediation; 6) rent control based on economic need; 7) water
metering /utilitiy allowance; 8) safe harbor; and 9) vacancy decontrol.
Upon advice of City Attorney Roger Picquet, Mayor Dunin stepped down due
to a possible - conflict of interest. Vice -Mayor Robert Griffin presiding.
John Dunn, City Administrator, stated that since the Council last met on
this item a letter had been received by the City signed by representatives
of the mobilehome owners and park owners stating they would like an
opportunity to meet and try to resolve their differences. They were
suggesting a six month "cooling off period" be provided. Council could
still evaluate the nine issues previously identified
Vice -Mayor Griffin declared the public hearing open.
Paul Beauvais, representing the mobilehome owners at Creekside Mobilehome
Park, stated that he was concerned about delaying any action and read a
prepared statement into the record. Upon question he stated that he was
not supportive of most of nine issues listed in the staff report.
Ladd Day, with Laguna Mobilehome Estates, stated that he was unaware of
the letter written by the mobilehome owners and park owners. He was
supportive of the Council discussing the issues at hand.
Ward Spencer, Creekside Mobilehome Park, stated he was in favor of the
cooling off period.
Ed Evans, owner of Creekside Mobilehome Park, was also supportive of the
six month cooling off period.
Vice -Mayor Griffin declared the public hearing closed.
Councilman Settle stated he was willing to defer reviewing the regulations
until after a six month period.
Councilwoman Rappa agreed with Councilmember Settle and would encourage
the mobilehome owners and park owners to resolve their differances without
Council intervention.
After brief discussion it was moved by Rappa /Settle, to continue
consideration of the modifications of the Rent Stablization Regulations
for a period not to exceed six months. Motion failed (2 -2, Dovey and
Griffin voting no Dunin absent).
Councilmember Griffin suggested that staff continue to work on the issues
as outlined and would be willing to discuss them this evening. Moved by
Councilman Settle, seconded by Councilwoman Rappa to table this
indefinitely. (4 -0 -1, Dunin absent)
No action was taken. Council moved to the next item.
9:00 p.m. Vice -mayor Griffin declared a recess. 10:00 p.m. City Council 01
reconvened. All Council members present. Mayor Dunin presiding.
6. APPEAL - SILVER CITY (File *428)
Council held a public hearing to consider an appeal by Richard Clark,
President of the Golden State Mobilehome Owner's League (Chapter 517), of
a decision by the Mobilehome Rent Review Board. The decision allowed rent
City Council Minutes Page 6
Tuesday, June 16, 1987 - 7:00 p.m.
increases using the formula Maintenance of Net Operating Income (MNOI) at
Silver City Mobilehome Park located at 3860 South Higuera (continued from
1- 6 -87).
Upon question to the City Attorney Roger Picquet, he stated that Mayor
Dunin would not have a conflict of interest in this particular mobilehome
park as he did not live in it and need not step down.
Steve Henderson, the Assistant City Administrative Officer, stated a
letter had been received from Mr. Moody, one of the park owners of the
Silver City Mobilehome Lodge, asking that the Council defer action on his
appeal pending further discussion for ordinance changes and leases by the
mobilehome owners and the park owners.
Councilmembers Rappa and Settle agreed to support the request by Mr.
Moody.
Councilwoman Dovey suggested that the Council make the decision on the
appeal. She felt that they could do so given that the ordinance governing
this appeal was in effect, and a decision should be based on the
legislation at that time.
Mayor Dunin declared the public hearing open.
Dennis Law, representing the park owners agreed that a postponement would
be worthwhile.
Mayor Dunin declared the public hearing closed.
It was then moved by Rappa /Settle to continue this item indefinitely or
until after review was made of Mobilehome Rent Stabilization Ordinance
(3 -2 -0, Councilmembers Dovey and Griffin voting no)
7. WATER AGREEMENT - CUESTA COLLEGE (File #1171)
Council considered a resolution to approve an agreement between the City
and Cuesta College for sale of water.
Roger Picquet, City Attorney reviewed the Council Agenda Report with the
recommendation that Coucil adopt the resolution approving the agreement as
recommended.
Moved by Settle /Griffin, Resolution No. 6240 (1987 Series), was adopted
approving the agreement for sale of water to Cuesta College as recommended
(5 -0).
8. BUS SERVICE (File #542)
Council then reviewed options for implementation of trial bus service from
the Five Cities area to San Luis Obispo.
Nancy Knofler, Transit Manager, reviewed the agenda report with the
recommendation that Council provide direction to the City's delegate on
the San Luis Obispo Area Coordinating Council. This would include that the
City advocate the following positions: 1) The service be administered
through a currently established regional transit JPA, either the NCT JPA
or the Regional Transit JPA (which now administers the County -wide
Handicapped Transit). 2) If the service became permanent in the future,
the City urge the creation of a single regional (County -wide) Transit
Authority to prevent a fragmented structure in regional transit
provision. 3) The five agencies equally split the trial route subsidy.
At the time the service becomes a regular route, the Agency should develop
a contribution formula based on at least 50% actual ridership data. 4)
Private transit providers be allowed to competitively bid for the service
contract.
After discussion, moved by Griffin /Settle(5 -0), to accept staff's
recommendations 1 through 4 as a strategy.
Also moved by Griffin /Settle (5 -0), that staff work with Councilmembers
Griffin and Settle to develop a more comprehensive approach to the July
8th Area Coordinating Council meeting and the related agenda items.
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City Council Minutes Page
Tuesday, June 16, 1987 - 7:00 p.m.
C O M M U N I C A T I O N S
Comm. 1. INTER - AGENCY SCHOOLS PROPOSAL (File 91172)
Upon general consensus, staff directed to bring back a report to Council
providing for a strategy wherein the City might better work with other
affected public agencies concerning related city /school issues (specific
agencies to include City of Morro Bay, the Unified School District and the
County).
10:15 p.m. Mayor Dunin adjourned the meeting to closed session to discuss
pending litigation (Furmanski v. City, CV 87- 03713).
There being no further business Mayor Dunin adjourned the meeting at 10:50
p.m. to Tuesday, June 30, 1987 at 7:00 p.m.
APPROVED BY COUNCIL: 8 -4 -87
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ROLL CALL
Council Members
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 30, 1987 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
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; Pam Voges, City
Clerk; Mike Multari, Community Development Director; Dave
Romero, Public Works Director; Toby Ross, Assistant CAO;
Steve Henderson, Assistant to CAO; Mike Dolder, Fire Chief;
Don Englert, Police Chief; Bill Hetland, Utilities Manager;
Dixon Flynn, Acting Finance Director; Dave Elliott,
Administrative Assistant
1. 1987 -89 FINANCIAL PLAN (File #233)
Council held a public hearing to consider final adoption of the city's
1987 -89 financial plan and proposed adoption of the city's 1987 -88 budget
(continued from 4- 21 -87, 4- 27 -87, 5 -4 -87, 5 -5 -87, 5- 11 -87, 5- 12 -87,
5- 18 -87, 6 -1 -87 and 6- 15 -87).
John Dunn, City Administrative Officer, gave a brief overview of the
budget, its message programs and recommended its approval.
Toby Ross, Assistant City Administrative Officer, reviewed recent changes
made by the council in the Operating Budget and Capital Improvement
Programs.