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M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
. CITY OF SAN LUIS OBISPO
TUESDAY, JULY 7, 1987 - 7:00 P.M.
COUNCIL CHAMBER, 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; Don Englert, Police Chief; Bill
Hetland, Utilities Manager; Dixon Flynn, Acting Finance
Director: Candace Havens, Parking Program Coordinator
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 staff with the exception of Item C -10, C -11 and C -14 as
noted. The following actions taken as indicated:
C -1 COUNCIL MINUTES
Council minutes of Monday, June 1, 1987 - 4:00 p.m. were approved as
amended (5 -0).
C -2 CLAIM AGAINST THE CITY - CLARK (File #189)
Claim against the City by Bettijane Clark in the amount of $280.18 for
damages to automobile allegedly caused by dangerous road conditions during
construction project on Madonna Road was denied as recommended (5 -0).
C -3 CLAIM AGAINST THE CITY - CURTIS (File #189)
Claim against the City by Mabel Curtis in an undisclosed amount for
injuries sustained allegedly a result of an uneven sidewalk at Higuera
Street near the corner of Chorro Steet was denied as recommended (5 -0).
C -4 APPLICATION TO PRESENT LATE CLAIM (File #189)
Application to present a late claim by Carol Brown, mother of Kelly
Carlson (deceased), for auto accident allegedly caused by dangerous city
intersection at Peach and Nipomo Streets was denied as recommended (5 -0).
C -5 SUBDIVISION APPROVAL (File #410 -1181)
Resolution No. 6247 (1987 Series), was adopted as recommended approving
final map for Tract 1181 (Parkside Condos), a 40 -unit residential
air -space condominium located at 2221 King Street; R -4 -SP zone; R. Wayne
Gann, subdivider.
City Council Minutes
Tuesday, July 7, 1987 - 7:00 p.m.
Page
C -6 SUBDIVISION IMPROVEMENTS - EDNA -ISLAY (File 410- 929/1229)
Resolution Nos. 6248 through 6251 (1937 Series), were adopted as
recommended accepting subdivision improvements for Tract 929 (Units 3 S 4)
located at Tank Farm Road and Poinsettia, (Units 5 & 6) located at Tank
Farm Road and Hollyhock Way: Tract 1229 (Unit 1) located at Tank Farm Road
and Hollyhock Way, and (Unit 2) located at Tank Farm Raod and Poinsettia
(5 -0).
C -7 SUBDIVISION IMPROVEMENTS - FOOTHILL (File 410 -1313)
Resolution No. 6252 (1987 Series), was adopted as recommended acr,epti[iu
subdivision improvements for Tract 1313 (Unit T), a 41-unit resifient.ial
subdivision located at 102 Foothill Blvd., (La Mancha): Stan Bell.
subdivider (5 -0).
C -8 PLANS AND SPECIFICATIONS - LAGUNA HILLS PARK (File #37 -18)
Plans and specifications for construction of "Laguna Hills Park" located
near Mirada Drive, Valecita Court and San Adriano Court: City Plan No.
L19Y; bid estimate $136,000, were approved and staff authorized to
advertise for bids as recommended (5 -0).
C -9 ADVISORY BODY BYLAWS - CULTURAL HERITAGE COMMITTEE. (File 2435)
Resolution No. 6253 (1987 Series), was adopted approving bylaws for the
newly - established Cultural Heritage Committee as recommended (5 -0)
(continued from 6- 2 -87).
C -10 ADVISORY BODY BYLAWS - PLANNING COMMISSION (File x406)
Moved by Dunin /Griffin consideration of approving a minor amendment to the
Planning Commission bylaws clarifying attendance policy was continued to
the Council Meeting of July 21 as a business item (5 -0).
C -11 HUMAN SERVICES GRANTS -IN -AID (File #1041)
Moved by Griffin /Settle consideration of approving grants -in -aid contracts
with 10 human services organizations for fiscal year 1987 -88 totaling
$50,400 was continued for additional information and clarification to July
21 (continued from 6 -2 -87) (5 -0).
C -12 TRANSIT FUNDS (File #1155)
Resolution No. 6254 (1987 Series), was adopted approving the 1987 -88
annual claim for Transportation Development Act funds totaling $875,434
(5 -0).
C -13 BUS SUBSIDY (File #541)
Resolution No. 6255 (1987 Series), was adopted approving an amendment to
agreement between the City and California Polytechnic State University
increasing route subsidy for San Luis Transit for fiscal year 1987 -88
(revenue approximately $70,000) as recommended (5 -0).
C -14 ANIMAL CONTROL SERVICES (File #761)
7layor Dunin requested that the spay /neuter program be increased by S2.000
After brief discussion, moved by Dunin /Griffin. Resolution No. 6256 (1987
Series), was adopted approving a one -year agreement with the County to
provide animal regulation services for period July 1, 1987, through .June
30, 1988 as amended to increase the spay /neuter program increased from
$3,000 to $5,000 (5 -0).
B U S I N E S S
1. MOBILEHOME PETITION (File #324)
Council consideration a petition regarding Mobilehome Rent Stabilization
rAgulations.
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City Council Minutes
Tuesday, July 7, 1937 - 7:00 p.m.
pale 3
Mayor Dunin stepped down on this item due to a possible conflict of
interest.
Vice -Mayor Griffin presiding.
Roger Picquet, City Attorney then reviewed the agenda staff report and
outlined the six options as recommendations to the Council for disposal of
' this item. He also reviewed the timing of placing a ballot measure on the
November election and stated that, pursuant to discussion w.ith the City
Clerk, the Council must take any ballot action this evening.
Vice - flavor G.r.iF.f in stated that although this was a bn5illeSS item he w„ulei
accept public comment.
Anita Richardson Garcia read a letter into the record written by Paul
Beauvais of the Chumash Mobilehome Park, urging placement of the ordinance.
on the ballot.
Tom Swem, 1223 Higuera Street, urged that the Council allow the owners and
tenants to get together and resolve their differences. He did not feel
that this needed to be a ballot measure and indicated that many of the
letters received this evening were the result of a short period of time
this morning asking for interested persons who were not supportive to
write letters to the Council. approximately 15 letters were received.
Jim Buttery, Attorney but speaking as a private citizen, spoke to several
concerns he had with the petition. He felt that the petitioners had been
fraudulent in representing the ordinance. He urged the Council to take no
action at this time.
Ladd Day, Laguna Mobilehome Estates, disagreed with some of the comments
made by the attorneys and spoke in support of the ordinance.
Ward Spencer, Creekside Mobilehome Park, wanted to see a fair and
equitable long -term lease and felt that the original model lease provided
for that although it not been used. He urged that the ordinance be placed
on the ballot.
Art Jack, Laguna Mobilehome Park, also urged the ordinance be put. on the
ballot.
Jerry Holland, realtor, did not feel it was an appropriate ballot measure
and would urge Council's denial.
Vice -Mayor Griffin closed the public portion.
Councilman Settle stated he supported the petitioners right to place this
issue before the voters.
After discussion, moved by Settle/Rapp a to adopt the resolution ordering
1 the placement of the ordinance entitled " Mobilehome Rent Stahiliz:ition
Re;ulations" on the ballot for the general municipal election to be held
Tuesday, November 3rd, 1987, with amendments as proposed by various
Councilmembers, including amendments to Sections 4A, 4C. 5E. 5F, 5G, GC.
7A, 7E as discussed.
Councilwoman Dove y stated that she could not support putting the ordinance
on the ballot. She was displeased with the process that the petitioners
went through, in that they had not exhausted all other avenues prior to
the initiative process.
Dennis
Law, representing various mobilehome parks in
San Luis Obispo.
reviewed
through
some of the previous history that the park
in trying to resolve their differences. Upon
owners have gone
question, he stated
that if
there was to be an advisory question on the
ballot he would hope
that it
would read to accept the proposed ordinance
or accept the
recommendations
by the Rent Review Board.
Ladd Day, Laguna Mobilehome Estates, disagreed with some of the comments
made by the attorneys and spoke in support of the ordinance.
Ward Spencer, Creekside Mobilehome Park, wanted to see a fair and
equitable long -term lease and felt that the original model lease provided
for that although it not been used. He urged that the ordinance be placed
on the ballot.
Art Jack, Laguna Mobilehome Park, also urged the ordinance be put. on the
ballot.
Jerry Holland, realtor, did not feel it was an appropriate ballot measure
and would urge Council's denial.
Vice -Mayor Griffin closed the public portion.
Councilman Settle stated he supported the petitioners right to place this
issue before the voters.
After discussion, moved by Settle/Rapp a to adopt the resolution ordering
1 the placement of the ordinance entitled " Mobilehome Rent Stahiliz:ition
Re;ulations" on the ballot for the general municipal election to be held
Tuesday, November 3rd, 1987, with amendments as proposed by various
Councilmembers, including amendments to Sections 4A, 4C. 5E. 5F, 5G, GC.
7A, 7E as discussed.
Councilwoman Dove y stated that she could not support putting the ordinance
on the ballot. She was displeased with the process that the petitioners
went through, in that they had not exhausted all other avenues prior to
the initiative process.
City Council Minutes Page 4
Tuesday, July 7, 1987 - 7:00 p.m.
Councilman Griffin stated he supported the mobilehome owners' desire for a
fair and equitable ordinance. He did not feel that this ordinance would
accomplish that and could, therefore, not support this proposal.
Motion failed, Councilmembers Dovey /Griffin voting no. Mayor Dunin absent
(2 -2 -0).
Moved by Dovey /Griffin to direct staff to bring back consideration of the
Rent Review Board's recommendations to the Council for discussion and
action at the earliest possible meeting.
Motion failed. Councilmembers Rappa /Settle voting no, Mayor Dunin absent
(2 -2 -0).
Councilman Griffin felt it important that the full complement of ideas
previously identified come back to Council for discussion.
9:25 p.m. Vice -Mayor Griffin declared a recess. 9:35 p.m. City Council
reconvened, all Councilmembers present.
P U B L I C C 0 M M E N T
Mayor Dunin presiding
PC -1 Richie Walker suggested the way to protect the City from water and
sewer shortages was to limit growth and would urge Council to do just
that.
2. DOWNTOWN PARKING (File #544)
Council considered site(s) selection for a parking structure(s) in the
downtown core (continued from 4 -7 -87 and 5- 4 -87).
Candace Havens, Parking Program Coordinator, reviewed the agenda report 1
with the recommendation that after receiving public comment Council direct
staff to pursue the acquisition and design of one of the parking
structures as outlined in the report.
9:55 p.m. Councilman Griffin left the meeting.
Forest Watts, Chairman of the BIA Parking Committee, stated:
1) Construction during the Christmas season is not the problem once
thought to be. 2) Both the structures were affordable. 3) A third
structure should be built within three to five years. As Riley's site
would be too costly he recommended the Broad Street site.
10:10 p.m. Councilmember Griffin returned to the meeting.
John Bushnell spoke in support of the Marsh and Broad Street site.
Ron Bearce stated that he would support the structure and urged the Broad
and Marsh Street site.
John Zuccheli spoke in support of the Riley's lot.
Dave Garth, Chamber of Commerce, also spoke in support of the Broad Street
site.
John French, 3942 Hollyhock, favored the Broad and March Street site. '
Dave Romero, Public Works Director, briefly reviewed three letters
received from Robert Carpenter supporting the Marsh and Chorro Street
location, from Ken Jensen on behalf of J. C. Penney's supporting the
Riley's parking site, and Ken Schwartz also supporting the Riley's site.
After a brief discussion, moved by Rappa/Dovey to pursue acquisition and
design of a parking structure at the Riley's site at Marsh and Chorro
Street (5 -0).
John Bushnell, BIA President, stated the Riley's site was acceptable even
though they would have preferred the Broad Street.
City Council Minutes Page
Tuesday, July 7, 1987 - 7:00 p.m.
Dave Garth also said he would go back to their Retail and Legislative
Committees and explain this decision and would hope he could come back
within 30 days with a favorable report.
3. PROMOTIONAL GRANTS -IN -AID (File #1051)
Council held a public hearing to consider recommendations by 'the
Promotional Coordinating Committee to conceptually approve grants -in -aid
funding to 21 organizations for fiscal year 1987 -88 (total requested
$111.985; P.C.C. recommended $52,880).
Due to the lateness of the hour, moved by Rappa /Dovey to have this item
continued with a Council subcommittee (Rappa /Dovey) to work with staff and
the Promotional Committee Chair to clarify the recommendations. Hearing
to be scheduled no later than the August 4th Council meeting (5 -0).
4. APPEAL - WATER METER (File 407)
Council held a public hearing to consider an appeal by Leo M. Evans of a
decision by the Community Development Director to deny request for a water
meter installation.at 3590 Bullock Lane.
Mayor Dunin declared the public hearing open.
Leo Evans, 2248 Glacier Lane, Santa Maria. spoke in support of his appeal.
Mayor Dunin declared the public hearing closed.
11:10 p.m. Vice -Mayor Griffin left the meeting.
Moved by Dovey /Rappa, Resolution No. 6257 (1987 Series), was adopted to
deny the appeal and uphold the staff action as recommended (4 -0. Griffin
absent).
5. STREET ABANDONMENT (File #535)
Council held a public hearing to consider final abandonment of a portion
of Jennifer Street right -of -way easterly of Rachel Street; R -2 zone;
Robert S. Cocores, applicant (continued from 6- 2 -87).
Dave Romero, Public Works Director, briefly reviewed the agenda report
with the recommendation that Council adopt the resolutions abandoning
Jennifer Street right -of -way as recommended and to accept the easement
deeds for public pedestrian access and covenants.
Mayor Dunin declared the public hearing open.
Dennis Law, part owner of property affected, spoke in support of the
recommended action providing that there be an easement that would allow
pedestrian access centered on the center line of the Jennifer Street
right -of -way.
Bob Cocores, 2006 Rachel Street, applicant, also spoke in support of the
recommended action.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Rappa, Resolution No. 6258 and No. 6259 (1987 Series),
were adopted approving the final abandonment and accepting the easement
deeds for the public pedestrian access as recommended (4 -0 -1, Griffin
absent).
6. HYDROELECTRIC PLANT (File #518)
Council held a public hearing to consider purchase of lease in the amount
of $1,574,000 for Stenner Canyon Hydroelectric Penstock and Plant Project.
Bill.Hetland, Utilities Manager, reviewed the agenda report with the.
recommendation that Council adopt the resolution to purchase the plant
from First National Bank of Minneapolis in the amount of $1,574,000 and to
lend $566,000 to the Water Fund from the Equipment Replacement Reserve as
recommended.
City COMIC-I Minutes Pace 6
Tuesday, Jnly 7, 1987 - 7:00 p.m.
After brief discussion moved by D_ovey!Griffin. Resolution No. 6260 (1987
Series). was adopted to purchase the plant and lend water fund '5566,000
from the equipment replacement reserve at the City's current interest: rare,
as recommended (4 -1. Dunin voting no).
7. MISSION PLAZA EXPANSION (File #87 -06)
Council considered the award of contract for the "Mission Plaza Expansion"
project between Broad and Nipomo Streets originally estimated at 5260,000,
_ Nike Multar.i. Community Development D.irector. briefly rev;ewed the n enrla
ri:port with the recommendation that Council award the r_ont.rac. to ll.D.
Peterson of Atascadero with the low bid of 5326,072 and to approp_•i.ir.2 the
additional funding to cover the project costs which was approsimar.el5
$124.400.
After brief discussion, moved by Settle /Rappa, Resolution No. 6261 (1937
Series), was adopted awarding the contract to H.D. Peterson in the amount
of $326,072 and appropriating $124,400 to cover the project costs as
recommended (5 -0).
There being no further business to come before the City Council yayur_
Dunin adjourned the meeting at 11:55 p.m.
APPROVED BY COUNCIL 9 -1 -87
ama
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Pam Voges, Cit C e'1 rk
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 21, 1987 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Vice -Mayor Robert E. Griffin, Penny Rappa
and Mayor Ron Dunin
Absent: Councilman Allen K. Settle
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; Bill Hetland, Utilities Manager;
Ann Crossey, Personnel Director
C O N S E N T A G E N D A
Moved by Rappa /Dover (4 -0 -1, Settle absent), the Consent Agenda was
approved as recommended by staff. The following actions taken as
indicated:
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