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HomeMy WebLinkAbout04/21/1981City Council Minutes April 21, 1981 - 7:00 p.m. Page 2 C -1. On motion of Councilman Settle, seconded by Councilwoman Dovey, claims against the City for the month of April, 1981 were approved and ordered paid subject to the approval of the City Administrative Officer. Motion carried, all ayes. C -2. On motion of Councilman Settle, seconded by Councilwoman Dovey, to approve the following minutes as amended: March 30, 1981 - 7:00 p.m. and April 1, 1981 - 7:00 p.m. Motion.carried, all ayes. C -3. On motion of Councilman Settle, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4457 (1981 Series), a resolution of the City of San Luis Obispo approving amendments to an agreement establishing an interim rate increase for Sonic Cable T.V., a franchise of the City of San Luis Obispo for an extension of the agreement through June 10, 1981. Motion carried. Passed and adopted on the following roll -call vote: AYES: Councilmembers Settle, Bond, Dunin, Dovey, and Mayor Billig NOES: None ABSENT: None C -4. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4458 (1981 Series), a resolution of the City of San Luis Obispo endorsing and supporting the California Resource Rally. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None C -5. On motion of Councilwoman Dovey, seconded by Councilman Settle, the report by Acting City Clerk of costs incurred by General Municipal Election held March 3, 1981 was received and filed; and Mayor was directed to write letter to appropriate legislative bodies requesting change be made to loosen the attached requirement mandating Spanish ballots. Motion carried, all ayes. C -6. On motion of Councilman Settle, seconded by Councilwoman Dovey, that the recommendation of the Planning Commission 5th Absence Attendance Report that Commission member Charles Andrews not be removed for excessive absences be accepted. Motion carried, all ayes. C -7. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4459 (1981 Series), a resolution of the City of San Luis Obispo consenting to assignment of a lease of city property by Riverside Broadcasting Company to Frederick Herdt, Jr. .Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None 1 C -8. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4460 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and county for agreement for collection of special taxes and assessments. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None City Council Minutes April 21, 1981 - 7:00 p.m. Page 3 C 79. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4461 (1981 Series), a resolution of the City of San Luis Obispo increasing Park & Recreation Fund estimated revenues and appropriations for the 1980 -81 fiscal year. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None C -10. On motion of Councilman Settle, seconded by Councilwoman Dovey, the report by Geoff Grote, Legal Assistant, on the effect of deregulation of taxi cab service in the city was received and filed. Motion carried, all ayes. C -11. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4462 (1981 Series), a resolution of the City of San Luis Obispo finding and dtermining that Fire Engineer Albert Leroy Trejo is disabled. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None C -12. On.motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4463 (1981 Series), a resolution of the City of San Luis Obispo approving the closing of State Highway for La Fiesta Parade. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig INOES: None ABSENT: None 1. Public hearing on annual review and ranking of applications received for 1981. Two applications received: A. CON 81 -1: Request to allow conversion of nine units at 3150 Rockview Place, R -2 -S zone, Sequoia Syndicates, applicant. B. CON 81 -2: Request to allow conversion of seven units at 1120 Leff _Street, R -3 zone, Joseph Lindsey, applicant. Henry Engen, Community Development Director, stated that the Planning Commission, on a 4 -0 vote, recommended the Council allow the 9 -unit apartment at 3150 Rockview Place (CON 81 -1) to proceed with conversion to 8 residential condominiums. The Planning Commission further recommends the project at 1120 Leff Street (CON 81 -2) not be allowed to convert because it is inconsistent with the General Plan. Councilman Dunin asked how the apartments were going to change in their appearance and useability, other than the legal description. Henry Engen responded that the conversion would just transfer the ownership of the units, and that it might require more storage space. Mayor Billig declared the public hearing open. Dave Gatzo, Arroyo Grande, representing the owners of the Rockview property, stated that the main objectives for converting are the fact that rental units are removed and the assumption that the developers raise the value without giving anything to the owners of the units. He said the owners intended to sell the units at $49,000 to $49,500, and that there was a demand for available housing in this area at that price. On a question from Councilman. Settle with regard to selling the units, Dave Gatzo replied that the State Department of Housing Development, through their loan program, would provide for 59% of the purchase price for the units, which doesn't have to be repaid until they are sold. City Council Minutes April 21, 1981 - 7:00 p.m. Page 4 Dave Brannon, representing Joseph Lindsey, stated that there was no major difference between the two projects and that they would like to make the project conform. He had a problem with having a duplex rental unit within another project which could be an inconsistency. He asked the council to look at the real attributes of the project that are not addressed. Councilwoman Dovey stated that the project should be taken on its own merit and did not feel comfortable with converting the rental units into owned units. Councilman Dunin stated that in the past he had voted against condominium conversions because he couldn't see how the actual physical useability of the units had changed. He didn't think either of the projects would qualify for the conversion. Councilman Bond didn't think that either of the projects would be adding anything to the community. Councilman Settle felt the point system of grading the projects failed to meet the criteria. He thought the burden of proof rested on the applicant to prove that the apartments should be converted. On motion of Councilman Dunin, seconded by Councilman Settle, to deny both projects and to direct the City Attorney to prepare appropriate resolutions of denial. Motion carried. AYES: Councilmembers Dunin, Settle, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None 2. Public hearing to consider an appeal by LaVerne Schneider of a decision by the City Planning Commission to uphold Board of Adjustment action approving Use Permit BA 13 -81 to allow beer and wine sales at the Texaco Service Station located at 2398 Los Osos Valley Road (C -T zone). Henry Engen, Community.Development Director, stated that on March 25, 1981, the Planning Commission denied an appeal on a 3 -2 vote, thus allowing beer and wine to be sold at the service station. The appellant is asking the Council not to allow beer and wine to be sold at this service station. He said the planning staff and Police Chief recommend the Council uphold the appeal and deny the request to sell beer and wine at this service station. If this action is taken, the previous approved use permit and its conditions would stand, including condition No. 1 which states: "Picnic supplies and similar sales shall be permitted within a maximum 200 square feet of floor area. Beer, wine and liquor sales are prohibited." He added that on March 25, 1981, the Planning Commission, as part of the above issue, took action on a unanimous vote to recommend the City Council consider adopting an ordinance that would prohibit the sale of beer, wine and liquor at service stations. Planning staff has discussed this possible ordinance with the Police Department and State Alcoholic Beverage Control Department and all seem very favorable for this type of ordinance. The proposed ordinance could go even further and prohibit the sale of "booze" and food from any site that also sells gas or petroleum products. Staff recommends the Council consider such an ordinance and take action to direct the City Attorney to draft an ordinance for consideration at future public hearings. Police Chief Neuman recommended that the sale of gasoline and alcohol not be mixed. LaVerne Schneider, 1356 Marsh, stated that there was a use permit granted in 1967 which limited the use of the property to automotive products only. She felt even though the Board of Adjustments granted the use permit to allow beer and wine sales, that no policy is set unless it is in writing. She said the proposed use would be detrimental to the health, safety, and welfare of the people and that it was not appropriate to the proposed location next to the exit to the freeway, since it would become a prime spot for robberies. She concluded that there should be some relief from an appeal. City Council Minutes April 21,. 1981 - 7:00 p.m. Page 5 Jim Kay, owner- operator of the station, stated that in 8 or 9 years he has not had one burglary. He said that they are only committing 200 square feet to the beer and wine sales and didn't see how it would create a big problem. Councilman Bond said that for the reasons stated the City should uphold the appeal and that staff be directed to draft an ordinance regarding on -site sales of alcoholic beverages on premises. Councilman Settle agreed to uphold the appeal and felt that an ordinance should be drafted. He didn't favor the sale of alcoholic beverages at service stations. Councilwoman Dovey favored upholding the appeal and denying the sale of alcoholic beverages. On motion of Councilman Dunin, seconded by Councilman Settle, a) to uphold the appeal by LaVerne Schneider of a decision by the City Planning Commission to uphold Board of Adjustment action approving Use Permit BA 13 -81 to allow beer and wine sales at the Texaco Service Station located at 2398 Los Osos Valley Road (C -T zone); b) that staff is directed to draft ordinance prohibiting sale of alcoholic beverages from any site that also sells gas or petroleum products; and c) that City Attorney is directed to prepare resolution upholding appeal to be brought back to Council at next regular meeting. Motion carried. AYES: Councilmembers Dunin, Settle, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None 3.. Public hearing to consider abandonment of a portion of Rockview Place adjacent to 3212 through 3280 Rockview Place; John Ready and City of San Luis Obispo, applicants. Henry Engen, Community Development Director, stated that the Planning Commission, on a 4 -0 vote, recommended the Council adopt a resolution of intention to abandon the subject street right -of -way. In taking this action, the commission made the following recommendations: 1) The subject right -of -way is unnecessary for present or future public purposes; 2) The entire right -of -way to be abandoned should be reserved as a utilities easement for existing water and sewer lines; and 3) Mr. John Ready, as applicant, shall relocate existing fire hydrant to back of existing curb prior to final abandonment. Councilman Bond had no problems with the staff recommendation. Councilman Settle supported the abandonment. Mayor Billig felt that the waterline was sufficiently protected and supported the abandonment. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4464 (1981 Series), a resolution of intention to abandon a portion of Rockview Place between Sweeney Lane and Broad Street. Motion carried. AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None 4. Public hearing to consider a recommendation of the Plannin Commission to approve the tentative map for Minor Subdivision No. 81 -18 to combine five lots into one lot at 2518, 2524 and 2250 Broad Street; C -H zone Russel Johnson, subdivider. Henry Engen, Community Development Director, stated that the Planning Commission, on a 4 -0 vote, recommended the Council adopt the attached draft resolution granting approval of the tentative parcel map for minor subdivision No. 81 -41 subject to findings, variances and conditions listed in the resolution. Dave Romero, Public Services Director, stated that the Public Services Department was satisfied with the conditions listed in the resolution. City Council Minutes April 21, 1981 - 7:00 p.m. Page 6 Mike DeNeve, representing the Chorro Group, gave some background on the Vista Grande Estates as to when the lots were purchased and the building permits issued. He spoke in general support of the tentative parcel map, and requested the Council's consideration in granting the approval for the lot lines on four lots at 1406 Chorro and 1415 Morro Streets. With regard to the conditions, Dave Romero stated that the Public Services Department was satisfied with the Planning Commission conditions and recommendation, but that he preferred that a handicap ramp and drainage improvements be constructed by the subdivider. He also recommended that the City clarify the tree planting requirement. Councilman Settle felt that the cross -slope situation would make it more adviseable to have a single lot on that side . of the property, and that the subdivider should resolve the matter of the drainage. In response to a question from Councilman Dunin as to the legal ramifications of the request, George Thacher responded that when the request to subdivide the property into lots 2, 3, and 4 was approved by the Subdivision Review Board in 1961, that the final parcel map recording did not occur. He said that as far as the City is concerned in terms of development that those lots don't exist, and that the Council should retain the discretion to grant a tentative parcel map to.subdivide the property into lots 2; 3, and 4 as requested. Councilman Bond agreed with Councilman Settle's comment. about.the slope being ragged; had no objection to combining lots 2, 3, and 4 into two lots in that location. Councilwoman-Dov ey_-was concerned about meeting,.,the_ code requirement.for the alternative driveway on the two lots. If that were determined feasible she would have no problems in granting the approval. Henry Engen stated that trees were required as part of the parcel map, and that the variance would be included as part of the ordinance requirement. Mayor Billig thought the property should stay as one parcel which would provide for the best development. She was concerned about the handicap ramp being put in as a condition, and agreed with Councilman Settle on the drainage. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4466 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative map for minor sub- division 81 -41 located at 1406 Chorro Street and 1415 Morro Street; amended to allow variance for one lot to include conditions that subdivider construct handicap ramp and street trees as- recommended. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey and Mayor Billig NOES: Councilmembers Bond and Dunin ABSENT: None 6. Public hearing to consider an appeal by Richard Warner of a Planning Commission denial of his request to rezone property located at 1126, 1134 and 1144 Mill Street from R -2 to P0. Henry Engen, Community Development Director, stated that this was a matter of interpretation wherein the determination of the Council was that this area could appear to be integrated on the General Plan as offices and it would.be appropriate procedure to request a rezoning consideration for offices (PO). He said that at their April 8, 1981 meeting the Planning Commission denied Mr. Warner's rezoning application on a 3 to 1 vote. The Planning Commission's action has been appealed by Mr. Jerry Holland, acting as agent for the property owner. He continued that where there is a choice on a residential use and a non - residential use. The General Plan favored the residential use; and that the city should be consistent with past actions in making the determination that the area should remain residential. City-Council Minutes April 21, 1981 - 7:00 p.m. Page 7 Jerry Holland, 3188 Flora, stated his position was that the General Plan that is presently drafted indicates that the property is P -0, and that it was a fact .that the zoning should be-consistent with the General Plan. He said that there have been various recommendations by staff to try to determine if the General Plan was consistent. The Council did decide that it was proper for a zone change and that we have three structures, two of whcch are extremely overburdened with residents that he would like to change into office structures. He said the one property that would probably not go to an office use is that immediately next to what is marked office space. Those residents are hopeful that the other two properties will be zoned Professional Office. He reiterated that the proper action should be for a zoning action to be consistent with the General Plan. Councilman Bond was concerned about the residents being displaced and thought that the City should initiate an action to define the lines in that area so that these things don't continue to go on along that block. Councilman Settle supported the Planning Commission decision to deny the appeal. He agreed that the City should initiate an amendment to the land use map to precisely establish the boundaries. Councilwoman Dovey stated that if the City were to change the zoning we would have a whole block of P -0. She said that the parking is for people who want to come to City Hall or the Courthouse and she was not sure if that would change. She agreed that the City has been remiss for two years. She supported cleaning up the map to make it clear where the General Plan lines were to be in conformity, and would support a motion to uphold the Planning Commission recommendation. Councilman Dunin opposed conversion of the houses and agreed that the General Plan map should be cleaned up as soon as possible. He would be amenable to conversion of the properties if the houses would be moved and the property would be a block of offices. He was opposed to converting the zoning, and would uphold the Planning Commission's recommendation. On motion of Councilman Dunin, seconded by Councilman Settle, to deny the appeal of a request to rezone property located at 1126, 1134 and.1144 Mill Street from R -2 to P =O; and that the Planning Commission be directed to initiate an amendment to the Land Use Element to precisely establish boundary line between office and housing areas at the rear of lots fronting Santa Rosa Street. Motion carried. Passed on the following roll call vote: AYES: Councilmembers Dunin, Settle, Bond, Dovey,.and Mayor Billig NOES: None ABSENT: None 7. Consideration of final passage of Ordinance No. 879, an ordinance amending the official zone map for the City to rezone property at 508 through 528 (even) Hathway Avenue from R -2 to R -3 (R909). Mayor Billig declared the public hearing open. Steve.Boyle was opposed to rezoning the property to R -3 because it would create more traffic on Monterey Street. He said the.-property doesn't conform to an R -3 zone as it stands and it doesn't conform with the General Plan. ' Mayor Billig declared the public hearing closed. On a question from Councilman Dunin, Henry Engen stated that the property was illegally a non - conforming use which exceeds the present density requirements. Mayor Billig stated that the area is predominantly R -2 and the proposal is not in keeping with the neighborhood. She would not support final passage of the ordinance. Councilwoman Dovey did not support the zoning change because the increase in density would create more traffic, and that the City should not make an exception for this one piece of property. City Council Minutes April 21, 1981 - 7:00 p.m. Page 8 On motion of Councilman Settle, seconded by Councilwoman Dovey, to deny the passage of Ordinance No. 879 amending the zoning for property at 508 through 528 Hathway Avenue from R -2 to R -3. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig NOES: Councilmember Bond ABSENT: None Consideration of final passage of Ordinance No. the official map of the City to rezone property at 1025 t othill Blvd. from P -0 to R -4: City of San Luis Obispo, am 1 880, an ordinance Mayor Billig declared the public hearing open. No one appeared before the City Council for or against the ordinance. Mayor Billig declared the public hearing closed. Councilman Bond supported final passage of the ordinance. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following ordinance was introduced: Ordinance No. 880 (1981 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the City to rezone property at 1025 through 1045 (odd) Foothill Blvd. from PO to R -4. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None 1 9. Consideration of an ordinance amending (1) the official setback line as designated on the map "Official Building Setback Line for South Higuera Street - -Marsh Street to Madonna Road," and (2) Section 9300.4.13 of the San Luis Obispo Municipal Code to reflect the amendment of that map. Dave Romero explained that this setback line is a replacement for an existing setback line, and is based on studies prepared by the City traffic consultant. On a question from Councilman Dunin, George Thacher stated that the area being a designated city street, that the city does have jurisdiction over the setback requirements. Mayor Billig declared the public hearing open. Jamie Lopes, 977 Buchon, stated that the ordinance propsed would establish set- back lines which would eventually eliminate the Evans Building, an older building on Higuera Street. He said that..the Environmental Center sent a letter regarding the draft EIR and objected to that particular alternative where the widening would occur on the west side of Higuera Street. They proposed an alternative alignment taking out - parking on the east side and thereby retaining the Evans Building. He stated that the Evans Building was of historical significance in the neighborhood, and thought that an alternative could be considered. On a question from Councilwoman Dovey as to the setback requirements, Dave Romero clarified that all the ordinance accomplishes is move the setback 10' either way. He said if the city were to save the Evans Building it would put a kink in the alignment on Higuera Street and would affect the adjoining properties. Councilman Dunin supported the staff recommendation. City Council Minutes April 21, 1981 - 7:00 p.m. Page 9 On motion of Councilman Bond, seconded by Councilman Settle, the following ordinance was introduced: Ordinance No. 881 (1981 Series), an ordinance of the City of San Luis Obispo amending (1) the official setback line as designated on the map "official building setback line for South Higuera Street - -Marsh Street to Madonna Road," and (2) Section 9300.4.13 of the San Luis Obispo Municipal Code to reflect the amendment of that map. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 10. Consideration of final passage of Ordinance No. 882, an ordinance amending the San Luis Obispo Municipal Code deleting Section 9200.17 Board of Adjustments Use Permit for Subdivision of Deep Loots, and to renumber Section 9200.17.B.6 through 30. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 882 (1981 Series), an ordinance of the City of San Luis Obispo amending the San Luis Obispo Municipal Code deleting Section 9200,17.2.B.5, Board of Adjustments Use Permit for subdivision of deep lots, and to renumber Section 9200.17.2.B.6 through 30. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None 11. Consideration of restriping of California Blvd. -from Phillips Lane to Monterey Street, resulting in the removal of parking. Dave Romero, Public Services Director, stated that at the last-Council meeting, the Council received a proposal to restripe this street in order to improve the flow of traffic and provide for separated bicycle paths. He said that on April 9, 1981, Engineering mailed out notices to each property owner and each resident along this frontage of California Boulevard notifying them of the proposal and giving them an opportunity to express their views. Dave referred to a letter received this date from property owners P & L Pinard, and recommended that the Council authorize the removal of parking and the restriping of the street to provide for a two -way left turn lane, two lanes of traffic, and two bicycle lanes. Police Chief Neuman stated that there was a problem with the bicycle traffic on Mill Street cutting around and trying to avoid the signal. He said that with the bike lanes traffic would smooth out considerably, and the speed could be controlled thereby making the situation much safer. Councilman Dunin thought it was a dangerous situation and supported removal of the parking. Councilman Bond supported staff's recommendation, primarily for safety reasons. Mayor Billig also thought there was a safety problem with the speeding and added that there were many accidents at the California and Mill Streets intersection. She hoped.that the situation could be rectified with the restriping and removal of the parking. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4.467 (1981 Series), a resolution of the City of San Luis Obispo authorizing and directing staff to remove parking on California Boulevard between Phillips Land and Monterey Street, and to restripe that portion of California Boulevard to provide for continuous left turn lanes and bicycle lanes. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig City Council Minutes April 21, 1981 - 7:00 p.m. Page 10 AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None At 9:05 p.m. the City Council took a 15- minute recess. The meeting resumed at 9:20 p.m. 12. Consideration of job description for position of City Clerk (continued from 4/7/81). Lee Walton, Administrative Officer, stated that at Council direction a job description for the position of City Clerk has been prepared for the vacancy created by J.H. Fitzpatrick's retirement. He said this would alter the present arrangement of combining the duties of Clerk and those of Deputy CAO. [dhile there are certain economies.inherent in combining these positions the separation of these functions would follow traditional.practice in the majority of California cities. He said either organizational arrangement will work and it is primarily a question of council preference. If the proposed job description is acceptable, he recommended that: 1) the City Council approve the job description for City Clerk; 2) establish salary and determine if open recruitment is necessary; and 3) authorize preparation of job description for Assistant CAO omitting responsibilit; for City Clerk duties. Ann McKibbin, Personnel Director, supported the job description as written and favored waiting until budget bearings in terms of filling an Assistant CAO position. She said that she had no problems with filling the Minute Clerk position, and added that she would like to see some position moving towards a procurement function. Councilman Dunin supported approval of the City Clerk job description and thought the poisition should be filled as soon as possible. He also supported hiring a Council Secretary and thought that the matter should be continued for further discussion to a study session at the budget hearings. Councilman Bond supported the job description and thought that the Minute Clerk position should be filled. He thought it should be made clear that the City Clerk would still be performing the function of Chief Election Officer. Councilwoman Dovey also wanted to see specific wording in the job description specifying that the City Clerk is acting as the Chief Election Officer of the City. Also included in the qualifications should be a knowledge of the Election Code of California, the ability to plan, organize, and supervise an election and other records maintenance activities. She preferred to defer the Assistant CAO position, thought the Council Secretary position should be filled and some consideration given to using a title of Deputy City Clerk. Mayor Billig agreed with Councilwoman Dovey's suggestions of the wording in the job description, and said that duties could be added as the council sees fit from time to time. She thought it would be more appropriate to designate the Minute Clerk position as Council Secretary or Deputy City Clerk, in the event the City Cler] was on vacation or absent the Deputy City Clerk would be acting in his /her position. She supported further discussion at budget hearings. Councilman Bond supported the designation of Council Secretary instead of Minute Clerk. On motion of Councilman Settle, seconded by Councilman Dunin, that the City Clerk job description be approved as recommended and that Council authorize Council Secretary instead of Minute Clerk to be filled as soon as possible; with Deputy CAO position consideration deferred until budget time. Motion carried. AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None 1 City Council Minutes April 21, 1981 - 7:00 p.m. Page 11 13. Consideration of report by City Attorney on recent oil spill to San Luis Creek. George Thacher, City Attorney, stated that the details of the spill are included in the police incident report contained in the Council's agenda packet, and reported on the progress of the investigation and the possible legal action by the City. He stated that the Engineering Department investigation revealed that the excavation done prior to the puncture was of insufficient magnitude to require a grading permit The City's excavation and grading regulations except any excavation which does not exceed 50 cub yards. He continued that based on Police Department investigation the property owner ... was.grading for a temporary storage yard, a use which requires a use permit under City's zoning regulations; and that the property owner is on notice. He said that the police and fire incurred personnel, supplies and materials costs in cleaning and damming the creek and its bank. He said that based on an investigation the City can recoup those costs in a damage action. George Thacher recommended that the city recover the costs, amounting to over $4,000, and file for appropriate litigation. He continued that there will be a public hearing on the entire matter on May 8, 1981 at 10:30 a.m. by the Water Quality Control Board, which will be hearing evidence, testimony, and all the pertinent facts concerning the oil spill. Richard Minor, Fire Chief, stated that the Fire Department costs covered on -duty manpower and have been submitted to the City Attorney. He said that Deiter Heinz will be representing the Fire Department at the hearing. Police Chief Neuman reported that their costs were minimal, but expected to have some additional cost in terms of personnel that will be testifying at the Water Quality Control Board Hearing. Mayor Billig commended the emergency response crew for their cooperation in devoting the time and the manpower in cleaning up the creek. She hoped that they would be notified immediately of any emergencies, and recommended that the Council send a letter of appreciation to the city departments and other agencies involved in the clean -up. Councilman Settle agreed that the Council should send a letter of appreciation to the CCC. With regard to the time delays, he noted that the oil line has been punctured in that location more than once and was concerned about the area being well - marked but ignored. Councilman Dunin stated that a procedure should be established that any pipeline that carries natural gas or gasoline should be closely marked along the entire length within the city, and that it be enforced. He felt the City should recover the costs incurred by fire and police personnel, and that any other procedure be left to the Water Quality Control Board's jurisdiction. Councilman Bond agreed with Councilman Dunin about adopting and implementing some emergency procedures, to make things run smoother in the event of any other emergencies. Councilwoman Dovey agreed that there should be an emergency procedure which should include how.the City contact the other agencies involved. She said that the emergency 911 phone number should be enforced to include a penalty for people who make mistakes. Councilman Settle commented that the staff should investigate the possibility of installing shut -off valves, and to consider a study to look into the ordinance for possible penalties as to spillage into the creek or other bodies of water into the area. Richard Minor elaborated on the hazardous materials plan that he has been involved with the state, and reported that it has been going extremely well. He agreed that the partnership with the CCC enabled them to handle the job very effectively and that the outcome was favorable. City Council Minutes April 21, 1981 - 7:00 p.m. Page 12 Mayor Billig stated that the accident happened adjacent to a marker, and thought that the restocking of the creek is a cost that ought to be borne by the negligent party and the costs should be returned by the City.. She recommended that the Council authorize staff to participate and give testimony at the Water Quality Control Board hearings. She also felt it was important that the Council let the Department of Fish and Game know that the City supports their efforts of 1 investigation to recover costs. On motion of Councilman Settle, seconded by Councilwoman Dovey, that letters of appreciation be sent to CCC, city departments and other agencies involved in clean up. Motion carried. AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None On motion of Council Dunin, seconded by Councilman Bond, that staff be authorized to participate in Water Quality Control Board hearings. AYES: Councilmembers Dunin, Bond, Dovey, Settle, and Mayor Billig NOES: None ABSENT: None On motion of Councilman Bond, seconded by Councilman Settle, that after the 5/8/81 hearings, staff to furnish detailed report to Council and state effect this will have on the city. Motion carried. AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilwoman Dovey, that Council state support of Fish and Game efforts to recover costs for restocking creek for purposes . of bringing the creek back to former standard and hold negligent party liable for all costs incurred above normal service level afforded public. Motion carried. AYES: Councilmembers Settle, Dovey, and Mayor Billig NOES: Councilmembers Bond and Dunin ABSENT: None 14. Consideration of draft Growth Management Ordinance. Henry Engen, Community Development Director, stated that two members of the City Council have requested that the draft Growth Management Ordinance, which had been rejected by the Council in April of 1980, be brought back for reconsideration. He stated that the Growth Management Ordinance had been prepared in response to a request by the Citizens Advisory Committee to implement the city's 2% annual growth rate goal. On recommendation of the Planning Commission, the City Council dropped consideration of this ordinance as not being warranted. He said that the':ordinance might best be described as a "growth monitoring ordinance" in that it calls for an on -going reporting mechanism to keep the Council apprised of development level activities as they relate to the 2% growth rate objectives of the General Plan. He continued that this ordinance would be similar to the Resource Deficiency Ordinance requirements for hearings when certain threshold levels are reached. Henry Engen recommended that: 1) the Growth Management Ordinance be introduced to print with such amendments as the Council may direct; and 2) staff be directed to prepare an outline of a growth management program, to be included in the 1980 -81 advance planning program after review by the Council. City Council Minutes April 21, 1981 - 7:00 p.m. Page 13 Councilman Dunin recommended that paragraph 1 be removed because of the need for more recent data. Councilman Settle felt that this was a long overdue benefit for those people who wish to build dwellings in the city. He said it gives some assurance as to supporting the General Plan and seeing that it's enforced. He agreed to modifying paragraph 1 in the document. 1 Councilwoman Dovey concurred with the previous councilmembers' remarks. She recommended changing the date on the last page from 1980 to 1981. She concurred with dropping paragraph on the first page. She said it might be helpful to insert the words "with specific currently applicable stated goals..." on page 14 -18. On page 14 -20, she said the word "dwelling" should be inserted before "units" in paragraph titled 1980 through 1989. Councilman Bond supported the document but was not in total agreement, because of the fact that the city is staying considerably beneath the growth rate. Mayor Billig agreed with the changes made by the councilmembers, and said that the Council should direct the staff that this is a top priority item. She felt that the Council should take a careful look at the water supply issue at budget hearings because it directly impacts good planning for the city. On motion of Councilman Settle, seconded by Councilwoman Dovey, that Ordinance No. 884 (1981 Series), an ordinance of the City of San Luis Obispo to implement on an interim basis the population growth objectives set out in the City's adopted 1977 General Plan Land Use Element be introduced to print as amended. Motion carried. AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None Councilman Dunin noted that it should be the Council's intention to discuss and review this matter in further detail, along with the actual water situation; and that these two areas would be accordingly changed to fit whatever the outcome of the study session shows. 15. A. Council to consider ordinance to amend the City's Tree Ordinance. B. Consideration of a resolution approving policies and standards for street planting and maintenance. Dave Romero, Public Services Director, stated that approximately one year ago the Council requested that staff modify the tree ordinance to eliminate maintenance of street trees outside of the public right -of -way but within 5 ft. of the right -of -way and eliminate the requirement for City planting of trees in subdivisions. These changes are reflected in the legislative draft of the proposed tree ordinance. He said that the city is now proposing to require tree planting as a condition of building permit, even in subdivisions. This will assure that the resident is occupied, with a good possibility of a property owner maintaining the newly planted tree rather than present practice which creates a great workload for the tree crews. He added that there are a number of other minor changes within the ordinance, all of which are intended to clarify and make the ordinance more workable. He recommended that the Council pass the tree ordinance to print and adopt the resolution regarding planting and maintenance standards. Councilwoman Dovey asked Dave Romero what the city's schedule was for maintaining the trees. Dave Romero responded that he has three tree workers who spend time at least twice a year trimming the downtown trees. In the outlying areas the crew clear the branches for pedestrians and vehicles, and a little pruning and spraying; but he said that he doesn't have enough people to do an adequate job. He stated that one way to resolve that problem would be to hire a contract firm to do tree maintenance. Mayor Billig felt that if it was a question of safety the trees that needed to be pruned were the responsibility of the property owner, and that the city is not maintaining the property at the taxpayer's expense. City Council Minutes April 21, 1981 - 7:00 p.m. Page 14 On a question from Councilman Dunin, Dave Romero explained that in the downtown area the trees are always planted in the right -of -way and are the City's responsibility. He referred to page 15A -5 with regard to subdivisions, that the property owner pays the fee and the city plants the trees or hires someone to do it. He recommended that in the future the developer prepare a plot plan and prior to occupancy of the building the trees would be planted, relieving the subdivider of having just bare lots and having to water them. Lane Wilson, Parks Superintendent, added that as homes are completed in a sub- division the trees are planted over a period of five years. He said the the homeowners would be taking care of the trees eliminating the maintenance problem. Lee Walton suggested that a policy be established which would provide that the daily maintenance and watering of the trees would be the responsibility of the property owner. Councilman Dunin recommended that all reference to the Tree Committee should be removed and put into the Committee Handbook. Discussion continued with regard to the planting and maintenance of trees in sub- divisions, and it was the consensus of the Council that the trees be planted by the property owner as a condition of occupancy with the city supplementing the cost. Dave Romero continued to review the changes to the ordinance, noting that in Section 4300.14(b) was changed to read: "In all cases where root damage from trees planted outside of the City's jurisdiction occurs to City sidewalks, curb., gutter and driveway ramp, the property owner shall be responsible to remove or root prune the trees and replace the damaged concrete." He noted a change to Section 4300.14(e) and (f) calling for the property owner to clear shrubbery which interfere with the use of a sidewalk; and explained that if it was a safety responsibility the city would clear the growth and bill the property owner. With regard to the Master Street Tree List, Councilman Dunin stated that the 1 names of the trees should be listed in common language, and that trees that are appropriate for downtown should be included in that list. On motion of Mayor Billig, seconded by Councilman Settle, that staff be directed to revise ordinance and resolution as amended by Council, and Council Subcommittee (GlennaDeane Dovey and Ron Dunin) to review and bring back to full Council before budget hearings. Motion carried. AYES: Mayor Billig, Councilmembers Settle, Dunin, Dovey, and Bond NOES: None ABSENT: None 16.. Consideration of plans and specifications for "HIGH.STREET STORM DRAIN ", City Plan No. D -03, bid estimate $183,500 without contingencies. Dave Romero, Public Services Director, stated that there is presently inadequate capacity of existing storm drainage system in the lower Buchon /High Street area which has resulted in flooding of this area many times in the past. He recommended that Council approve plans and specifications and authorize staff to advertise for bids. Culley stated that the proposed storm drain is 10' off the corner of his ' building in the back of his shop and questioned the need for the storm drain. He said the storm drain that runs under the building has not been unplugged since the floods. On motion of Councilman Dunin, seconded by Councilman Settle, that this item be continued to May 5, 1981 meeting for further report by the Public Service Director. Motion carried. AYES: Councilmembers Dunin, Settle, Dovey, Bond and Mayor Billig NOES: None ABSENT: None City Council Minutes April 21, 1981 - 7:00 p.m. Page 15 17. Consideration of a resolution granting final acceptance of public improvements for Minor Subdivision No. 80 -62 located at 1203 and 1215 Buchon Street; Randy High, subdivider. Oh motion of Councilman Settle, seconded by Councilman Dunin, the following resoluti was introduced: Resolution No. 4468 (1981 Series), a resolution of the City of San Luis Obispo accepting subdivision improvements as complete for Minor Subdivision SLO- 80 -62, located at 1215 Buchon Street, Randy High; subdivider. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None 18. Consideration of a resolution granting final acceptance of public improvements for Minor Subdivision No. 79 -186 located at 2049 Swazey R. Burke, subdivider. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4469 (1981 Series), a resolution of the City of San Luis Obispo accepting public improvements for Minor Subdivision SLO -79 -186, located at 2049 Swazey Street, R. Burke; subdivider. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None 1 ABSENT: None 19. Consideration of an ordinance adopting a planning area for the Nipomo Phase of the Mission Plaza Extension and requiring dedication of property within the planning area under certain circumstances. On motion of Councilman Bond, seconded by Councilman Settle, that this item be continued to a future Study Session in May for additional staff report. Motion carried. AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 20. City Clerk's report of bids received for "COLOR VIDEO SYSTEM FOR THE FIRE DEPARTMENT ", bids opened Monday, April 6, 1981 at 11:00 a:m., bid estimate $8,500. Richard Minor, Fire Chief, explained that the Video Package will be used in a classroom environment for instructing all the Fire Department members which is one of the types of training that meets a State mandate. In addition, the system will standardize operations and would be used in fire investigation which would enable ' the department to record the origin of a fire. He said there would be 5 people in the department who know how to use the equipment. He added that the state has granted approval for the department to have a given number of hours of EMT training, which would be the system's first use in providing three training days per week. On motion of Councilman Dunin, seconded by Councilman Settle, the low bid of Videomedia Co. was accepted and staff authorized to issue purchase order. Motion carried. AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None City Council Minutes April 21, 1981 - 7:00 p.m. Page 16 1. Mayor Billig stated that a number of people have signed a petition asking for a signal to be installed on South Higuero in the area of Tank Farm Road for traffic safety reasons. After Council discussion, Dave Romero was directed to meet with the Traffic Committee to prepare a response; and Council was authorized to draft a letter to the petitioners indicating that the matter is receiving a high priority and will be considered with the CIP budget recommendations. 2. Mayor Billig stated that she had received a communication from the Area Council of Governments requesting the City to state their support or non - support of the state's suit with respect to offshore oil drilling one Lease Sale 53. She said that other cities had sent letters supporting the state's action and wanted some input from the Council as to their feelings on sending a support letter. Councilman Settle supported sending the letter to SLO GOG. Councilman Dunin was not in support of sending the letter. After brief discussion, staff was directed to send a letter to the Area Council of Governments stating support of Offshore Oil Drilling - Lease Sales 53 (Outer Continental Shelf). 3. Mayor Billig reported that the California Men's Colony will be moving with expansion in two weeks. She recommended sending a letter written in strong language to the State Department of Corrections opposing the proposed expansion. The Council was in concurrence and the Mayor was authorized to send a letter to the appropriate people. 4. Mayor Billig reported that upon the request of the Governor's office, an affidavit has been prepared authorizing Richard Minor, as Area Coordinator for Emergency Services, to offer his professional expertise as to the level of preparedness in this area. After brief discussion, the Council was in support of sending affidavit of Fire Chief Richard Minor on behalf of OES to Washington, D.C. 5. Council discussed Fire Departments staffs' handling of fire violation at the Old Mission on Easter Sunday and requested staff to report on alternative ways to handle the problem including a P.A. system in the Plaza. 6. Councilman Settle reported that Cal Poly President Warren Baker was interested in having some discussions with the Council regarding city and and university matters. When it comes to City business the -Mayor represents the City /Council. Individual council members.meet.as individuals. There being no further business to come before the City Council, the meeting was adjourned at 12:25 a.m. to Tuesday, April 28, 1981 at 7:00 p.m. Pamela Voges, Acting City Clerk Oli is Gia , Recording Secretary ----------------------------------------- - - - - --