HomeMy WebLinkAbout10/28/1980City Council Minutes
10/28/80 - 4:00 p.m.
Page 1
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 28, X980 - 4:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Pledge
' Roll Call
Councilmembers
PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jerry Munger and Mayor Cooper
ABSENT: None
City Staff
PRESENT: Lee Walton, Administrative Officer; J.H. Fitzpatrick, City Clerk;
Henry Engen, Community Development Director; Wayne Peterson,
City Engineer; Jim Stockton, Park & Recreation Director;
Roger Neuman, Police Chief, Captain Don Englert, Police Department;
D.F. Romero, Public Services Director
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A. Mayor Cooper brought to the council's attention an invitation received
from the city offices of Neyagawa City, Oska, Japan inviting the City of San
Luis Obispo to join with them as sister cities in an attempt to bind the friend-
ships of America and Japan closer after all these.years, The Mayor explained
that the City of Neyagawa City is similar to the City of San Luis Obispo and
he just wished to get the council's feelings.
The council stated they had no feelings and authorized the Mayor to proceed and
gather further information for their decision.
F 320 1. J.H. Fitzpatrick, City Clerk, brought to the council's attention that
the next municipal election is to be held on Tuesday, March 3, 1981, and that
the process starts on December 5, 1980 at which time the notice of election notices
of the other documents initiating the election must be adopted. He continued
that over the last year or two the City Council discussed items such as 1)
changing the date of the city's municipal election from the first Tuesday in
March of the odd numbered years to some other election date, particularly
a date when the city schools and county schools have their election; 2) there
had been discussion relative to councilmember's salaries; and 3) the Administrative
Officer brought to the council's attention the possibility of adopting a charter
amendment to eliminate the need of advertising ordinances in full but just
advertising the synopsis prepared by the City Attorney.
After some discussion by the City Council, the staff was directed to prepare
resolutions to: 1) to change the election date to either coincide with
either school election dates or voting election date that would always have the
city election the same time the local schools have their election. 2) increasing
the council's salary; 3) a charter amendment eliminating the need for advertising
ordinances in full, but rather a synopsis. Motion carried. All ayes.
F 514 2. On motion of Councilman Munger, seconded by Councilwoman Billig, the
' R 4293 following resolution was introduced: Resolution No. 4293 (1980 Series), a resolutic
of the council of the City of San Luis Obispo providing guidelines for city
participation in the cost of certain privately initiated improvements in the
municipal water system. (Quarterly System.) Passed and adopted on the following
roll call vote:
AYES: Councilmembers Munger, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
City Council Minutes
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Page 2
F 514 2B. On motion of.Councilman Dunin, seconded..by.Councilwoman Billig, the
City Council accepted -and approved the First Quarter 1980 -81 Priority Rating
for water.participation program adopting the joint.program for.waterline
improvements.in,the, Terrace.Hill.area to ,be' funded at..the time the developer
begins his water extensions. Motion carried.
F 880 3A. Richard Jordison, Laguna Lake Committee.Chairman,.reviewed with the.
City.Council progress to date by the Laguna Lake Committee-and the reports subI<
by the consultant ENVICOM and stated the.committee.has divided the lake into
various geographic-areas in an attempt to clarify uses and conditions and z
.tat must be made to continue the lake as a viable.recreational service. He
made the following recommendations on behalf of the committee: 1) Retain the
Prefumo Canyon Creek inlet in its.current form.as.a creekbed. .It needs to
immediately have all the sand. :dnd gravel. hauled. away..down.to the water table.
This must be done as often as is.necessary..to. retain its prime use of handling
water. He continued.that this material is first class material and the cost
of hauling could be mitigated if contractors are encouraged from the Prefumo
Creek inlet area; 2) to abate the weed problems.the committee recommended the
city purchase a mechanical weed .harvester .as. this would-be an on -going problem.
This.would be part.of.the city's-regular maintenance just like mowing the park
lawns. It was recommended the staff look into.the possibility of purchasing
a mechanical weed harvester with grant funds. Estimated cost: $17,000.
3) He stated that the committee was unable.to.arise.at.a firm recommendation to
solve the drop in water level at the lake. Each of the-alternatives that the
committee considered contained within it.a.large degree of uncertainty. THerefore,
the decision on each of these should be deferred. A) the recommendation made
by the consultant was probably the..least.expensive and.cost effective means to
raise and control the lake level. However,. there.is a.question of liability
which cannot be solved without a great deal.of additional research. B) Use
of treated sewer effluent, would be very cost effective.if.a grant.was
received. However ,_ the-entire
. ques_ tion .of.level_.of.treatment.and -city acceptance
of the grant.are pending .at -this. time.. .The..grant.may not.be..offered or the
cost to the community maybe excessive. Therefore,.a firm.decision could not
be made at that time on this alternate. C) Dredging is an excellent long -term
solution however it is by far the.most..expensive and would become cost - effective
only if there was a substantial grant. On an interim basis the committee
recommended-that. after winter rains heavy.timbers be.placed across.the bottom
of the culvert at Madonna Road to raise the lake level by one foot. The.heavy
timbers could be removed prior to fall rains. Meanwhile, the city could observe
the effect on the lake and the dwellings; near the. lake. due to this, interim
solut ion:,... .
Finally, Jordison stated that.the Laguna Lake-Committee-request that a.joint
study meeting.be arranged with the City Council�.so.that..the..council could become
more.acquainted with the•.committee's.recommendation and why and how they
were made_and.reports by.the.staff..and- consultant.
F 880 3B.. The quarterly report-by ENVICOM.was received & filed. A.joint meeting
betweeh the City Council and the Laguna Lake Committee was set for Monday,
November 17, 1980 at 12:10 p.m.
At 4:30 p.m., the City Council held the following public.hearing:
F430- 80 -i21 9A. Public heariag.on the consideration .of a recommendation from the Planning
Commission to approve the tentative map for Minor Subdivision.No. 80 -121 to
create three lots from one lot (deep lot subdivision) located at 2675 Johnson
Avenue, R -1 zone; Rob Rossi, subdivider.
Henry Engen,.Community Development. Director.,. ..presented- the_recommendation of
the Planning Commission-which recommended that-the council...accept.the tentative
parcel map for the minor subdivision, and find that with a..negative declaration
on environmental impact and subject to.findings and conditions listed be adopted.
1
Ma.yor_Cooper declared_.the.public hearing -open. No appeared before the City
Council for.or against-the tentative map_ Mayor Cooper declared the public hearing
closed.
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Page 3
Councilwoman Billig.brought to.the council's attention_.that_in.the.list.of conditions
for approval.of the minor.sub,.condtion.:5 required_a 16' drive way. minimum and she
felt.that if the council would adjust this to 12' possibly a row of tree could
be saved.,- .
After.-some discussion and .on..motion.of_ Councilwoman ... Billig,.seconded.by_.Councilman
Bond, the..following resolution.was introduced:. Resolution.No..4295 (1980 Series)
a resolution of the. council of. the City.of_.San Luis Obispo granting approval of
..the tentative map for minor subdivision-80-121 located.at 2675 Johnson.Avenue,
subject to five findings and seven conditions.with.condition no. 5 being amended
to require only a 12' driveway. access. - Passed and adopted on the following
roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
F430 -79- 9B. City Council held a public hearing_. on. the consideraton.of . a.time
069 extension to.file a.final parcel map for,minor.- subdivision 79- 069..to create
three lots from.one lot-on the west side-of Calle.Joaquin,..1575, 1585, and
1625 Calle Joaquin to C -T and A/C zones, Roger.Arneberg,.subdivider.... -
Henry Engen, Community Development Director., stated.that the Planning Commission
on an unanimous vote, recommended... that. the. City .:Council.grant..approval.of a
twelve -month time extension of the.tentative.parcel.map for.Minor Subdivision
.No. 79 -069 subject to-all previous conditions.of..tentative map approval.
Mayor Cooper . declared the.public..hearing_ open. ..No.,one appeared before the City
Council.. No one declared.the public hearing-closed.
On motion of Councilman Bond,.seconded..by., Councilman .Dunin,.the..£ollowing.
resolution.was introduced: Resolution No. 4296 (1980 Series), a resolution
of the council of the.City of San Lus.Obispo approving.a:l2 -month time
extension -for Minor Subdivision 79 -069. Passed and.adopted on the following
roll call vote: ..
AYES: Councilmembers Bond, Dunin, Billig, Munger.and Mayor Cooper
NOES: None
ABSENT: None
F545 4. D.F. Romero, Public Services Director, submitted..a report-to the
City'Council stating that he had received-a.-number-of-phone calls, letters and
petitions complaining about the reduction.in..service_on Sundays of the
municipal transit.system. He stated that the letters indicated they desire
An all -day service.on Sunday. Also, they_would.want._a. higher level of service
on Saturday, Sunday and holidays. He then.submit.ted.a..list . of estimated.:.costs
to reinstate or initiate this service. To..reinstate_Thanksgiving and-Christmas
service would cost $1,040 per year. To return Saturday..service to every-
half hour. in. the Johnson/ Foothill. area .. would. . cost...$12.,450.. per. year. .To return
Sunday service to one hour all day (it.-is.-now-2 hours), it would be $13,875 per year.
To return .Sunday service one hour in the..morning..only. it. would...cost_ $6,940.
It was the recommendation.of the Public Services.Director that the city, should
return to the one.hour service'Sunday morning at:.an.estimated cost of.$6,940 in order
to serve ,people going to church.
r .After some discussion, the matter ..was.continued.to..November ll; 1980 study
session, with the Mass Transportation.Commission to attend-and-that the staff
submit an overall transit study dealing with. funding .,..scheduling,..routing,
philosophy, etc., and a policy should be adopted_for.development.of the
mass transit system.
5. City Council.considered a.recommendation.from.the Public- Services
Director requesting.the.council to.consider.a modification ._of.the..procedures
.for bonding public improvements in subdivision.. Mr. Romero recommended that
1) bonds guaranteeing improvement should be calculated utilizing bid prices
acceptable to the City Engineer; 2) a contingency of 10% would be added on all
development projects; 3.) any.form.of.calateral_ acceptable to..the.City Council
and City Attorney may be substitued for a performance bond; 4) a labor and
ity Council.Minutes
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Page 4
materials bond or'other..guarantee.accepted by the City. Council or'City Attorney
shall be posted in the amount of 50% of value of the performance bond; 5) a
condition shall be included in subdivision agreements stating that without
specific approval of the City Council no building permits will be issued or
occupancy granted at the expiration of.the agreement until completion and acceptance
of all public improvements; 6) utility company installation costs will not be
included.in bonding costs; however, completion of all conduit work will be required
prior -to street paving. Each utility:must submit to-the-City Engineer a readiness
to serve letter prior to city acceptance of all public improvements in a subdivisi�
After some discussion by the council, the staff was directed to continue to
.the matter to November 18, 1980, modifying the bonding - procedures with a
resolution and continued for C.A.0. and - council analysis.
6. D.F. Romero presented a brief.report.to the City Council on the problems
of the Boriak Storm Drainage. He stated that the storm drains could relatively
well - handled if: 1) an 18" storm drain in the Boriak property which ... connects downstre
of the 30" storm drain crossing Broad Street were either enlarged or removed; B)
if the sewer lateral serving the Boriak residence were either removed from the
30" storm drain.or the 30" storm drain..cut back.and a ditch.constructed
to allow drainage waters to flow under the sewer lateral. He continued under
the provision of the Municipal Code, it was his.opinion that the city could require
the property owner to correct both of these-.problems at the property owner's cost
within 15 days of official notice. If the property owner did.not follow.through
.at this time, the city could move on the property.and.abate the.obstruction
prior to the advent of heavy winter rains. He stated he -sure that the full 30"
pipe capacity -would handle most storm flows and althoiught.the abatement approach
is not-the best final solution, it is a_good interim. solution which we could
accomplish -very quickly in order to-be effective -prior to -this winter's rain.
Therefore, he recommended that the City - Council proceed immediately under the
provisions of the Municipal Code to require the Boriaks to abate both the
inadequate storm drain pipes traversing their property and the sewer lateral
which partly blocks a 30" storm drain.
Livinia Boriak.objected.to the city's proposal_and.she.:.stated. she does not wish
to lose her trees in back of her lot which- brings all the water in the open ditch
through her property. She stated that 8 years -ago she offered to give the city
.an easement through her property if the city would put in an adequate culvert
through.her property and not destroy the back end. She felt that she was
being harrassed by being required to take water that was not even created on
her property.
Keith Gurnee, resident on Broad Street., urged.the..council to do something to protect
the residents-of Broad Street from the annual flood problems caused by
inadequate drainage from San Luis Mountain.
Richard Schmidt, 112 Broad Street., also urged the council.to take some action to
correct-this major flood drainage problem to-protect adjacent - property and
property owners from damage.and loss.
Lee Walton, Administrative Officer.,-urged the council to..proceed with the abatement
proceedings in order to correct the drainage..
George Thacher, City Attorney, explained -the steps for.the.council,.if .they wished
to .proceed under the provisions of..the:city's abatement ordinance.
Councilman Dunin felt the council should take steps to correct'this'problem. He
felt the staff should meet with the Boriaks and arrive at a- solution; if not,
then proceed with.the abatement program.
Councilwoman Billig stated she supported the abatement due to the long history
of attempting to solve this particular problem.
Councilman Bond stated the city should.follow through on the full abatement
procedure if:-the attorney.felt it was legal-and-possible to enforce.
Councilman Munger agreed that if it-were legal we should proceed.
Mayor Cooper stated that whatever-happened, he felt .easement should be on the
south property line and not destroy the peoples"-property.
City Council Minutes
10/28/80.. -.4:00 P.m.
Page 5
On motion of. Councilman Bond,....seconded. by. -.Councilman Munger,-that-.the-,city initiate
the
abatement procedures.and.in.the intetim,.direct.the..staff -to -meet with the
Boriaks and- see .if.some solution .could be-made short of abatement and report
back to'the City.Council on November.3, 1980. Motion carried, all ayes.
F553 7.
D.F. Romero, Public Services Director, submitted.a.lengthy report to
the
City Council on a periodic review-by the Public Service Department, Police
Department, regarding.downtown parking.. He stated that the-last-review and major
'changes took,place in 1977:' 'He stated-that-followirig the latest-review; the staff
recommended the following action:
IA.
Convert all meters to-double the ..present rate.
-1B.
Convert all meters to lOC per hour.rate.
1C:
Convert core area meters to 20C per hour rate.
2.
Eliminate pennies from all meters.
3A.
Install 27hour - meters on.Marsh..and Higuera Streets between.Carmel & Nipomo.
3B.
Insta11:2- hour.meters on.Higuera Street between_Santa.Rosa- &.Toro STreets.
3C.
Install all -day meters on Marsh between Santa Rosa and.Toio.Streets.
3D.
Install.2 -hour meters on the.600.block..of Monterey,.Nipomo _ to Broad Streets.
4A.
Change 8 -hour meters on the east-side.-of-Santa Rosa Street between Marsh
and Monterey from all day meters to 2 -hour meters.
4B..
Increase the•monthly.rental.fee in- parking lot.5 near the main fire
station from $12 per month to $15..per month.
Councilman Dunin suggested that prior. to .making.any...changes.on.staff recommendations
only, that the City Council should.get input from.the B.I.A. and also the Chamber
of Commerce and report back by November 18, 1980 council meeting.
On motion of Councilman Dunin, seconded_by .- Councilman..Munger,.;that the
recommendation. of.city staff be continued..to November. 18, 1980, after
receiving input from the B.I.A. and Chamber-of Commerce. Motion carried., all ayes.
' F410- 8. On motion-of Councilman Bond,: seconded- .by..Councilwoman Billig, the
651....• following resolution was introduced:_ Resolution -No. 4294 (1980 Series), a
R 4294 resolution of the council of the City of San Luis: Obispo accepting the off -site
improvements of Tract 651, the Pines. Passed and adopted on the following roll
call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
F812 10.. .On.motion.of.Councilman D.unin,..seconded..by Councilwoman Billig, the
R4297-..following resolution was introduced: Resolution No. 4297 (1980 Series), a
resolution of the council of the City of San Luis Obispo appropriating funds
for construction of horseshoe pits at Santa Rosa Park ($2,496.) Passed and adopted
on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond,:Munger.and Mayor Cooper.
NOES-:'- None`
ABSENT: None
F192 11. City Council considered.- a.recommendation from the Police Department
recommending that the City Council.grant a contract to Gurries and Okamoto to
conduct an Energy Conservation Study for the San Luis Obispo Police Department
building.
Chief Neuman,.in support.of this - request,.stated he felt..the proper energy study
might reduce their. tremendous._ energy cost.. and._they_.urged that this. company, who
had.been with the direct architect. who..built -the building,...be authorized to
perform the necessary study..
City Council-Minutes
10/28/.80 - 4:00 p.m.
Page 6
Councilwoman Billig asked if-the. city ..had.ever.considered.asking. the Pacific Gas
and Electric'Company to make an energy study at..no.cost.to'the.city.for conservation
at-the police facility... She: then introduced -Mr- Bart..Ottoboni, Energy.Conser-
vation and Services Supervisor for the Pacific:Gas & Electric Company who
stated that PG &E would be pleased to make an energy audit of the police
facility which he could guarantee.would.save.the city up to 15% in energy costs
and if necessary,-would-make additional recommendations to the.city's.consultant
if they were retained. He stated-that under the rules and.regulations.of the ,
State Public Utilities Commission, all utilities in California mut perform this
service and this would be at no cost to-the-city.
City Council discussed briefly with Mr. Ottoboni what they actually proposed
to do and therefore accepted the offer of the Pacific'Gas and Electric - Company
and directed the Police Chief to .work with the PG &,E,.and the request for ;a
special study to-be continued, until the primary studies had been performed.
by Pacific Gas & Electric Company.
At 6:05_p.m.,.Mayor Cooper adjourned.the meeting..to 7:30 p.m. at which time
they would pick up the balance of the 4:00 p.m.-council meeting.
APPROVED: 11/18/80
ltzpx�iick,.City Clerk
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M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 28, 1980 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990.PALM STREET
Pledge
Invocation by Reverend John Wingfield, Unity Christ Church
Roll Call
Councilmembers
PRESENT:
ABSENT: Councilman Ron Dunin
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:3
F261 15. George Clover, representing the Independent Auditors, Ernst & Whinney,
submitted for the council's information.the audited financial.statements
of the City' of San Luis•Obispo for! the Fiscal Year 1979 -80. He briefly reviewed
some of the major statements submitted in the report and also briefly reviewed
the management letter. He urged the City Council that in order to comply with
requirements for bonding if they had any intention in the future they should
really require that the staff get the fixed asset records up -to -date, not only
for the entire.city but for the various enterprises operated by the city.
At 7:45 p.m., Councilman Dunin took his place at the council table.
F80 -28 12• On motion of Councilman Bond, seconded by Councilman Munger, the plans
and specifications for the Islay Street, Nipomo to Garden STreet,.Construct
8" Waterline,.City Plan No. E -14, bid estimate $35,600, were approved and staff
was authorized to call:, for_ bids.- .Motion :carried: ,:.:.:•
F80 -27 13. On motion of Councilwoman Billig, seconded by Councilman Dunin, the
plans and specifications for the Iris and Ruth Streets, Henry to Ella,
constructio 8" Waterline, City Plan No. E -13, bid estimate $35,651.08 were
approved and staff was authorized to call for bids. Motion carried.
11
i;
City Council Minutes
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Page 2
F80 -29 14. On motion.of Councilwoman Billig, seconded by Councilman Munger, the
plans and specifications for POLICE PARKING LOT EXPANSION, CITY PLAN NO. E -31,
bid estimate $112,510, were approved and staff.was authorized to call to bids.
CONSENT ITEMS
Cl On motion of Councilman Bond, seconded by Councilman Munger, claims
against the city for the month of October 1980 were ordered paid subject to the
approval of the Administrative Officer. Motion carried.
C2 On motion of Councilman Bond, seconded by Councilman Munger, the minutes
of the council meetings of October 7, 1980 at 4:00 p.m. and 7:30 p.m., and
October 14,,1980 at „6:30 p..m and 8:10 p.m were approved as amended. Motion carried.
F894 C3 -A .. On motion of Councilwoman Billig, seconded by Councilman Munger
the following resolution was introduced: Resolution No. 4298 (1980 Series), a
resolution of the council of the City of San Luis Obipo approving design and
development.of Jack House landscaping plans. Passed and .adopted on the following
roll call vote:
AYES: Councilmembers Billig, Munger, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
F894 C3 -B On motion of Councilwoman Billig, seconded by Councilman Munger, the
staff was authorized to proceed with preliminary selection of landscape architect
to carry out the Jack House development. Motion carried.
C4 On motion,of Councilman Bond, seconded by Councilman Munger, the
following resolution was introduced: Resolution No. 4299 (1980 Series), a
resolution of the council of the City of San Luis Obispo approving the application
for grant funds under the Solid Waste Management Act of 1980. Passed and adopted
on the following roll call vote:
AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
F524 C5 On motion of Councilman Bond,- seconded by Councilman Munger, the
following resolution was introduced: Resolution No. 4300 (1980 Series), a
resolution of the council of the City of San Luis Obispo approving an agreement
between the City and San Luis Obispo Swim Club to extend their agreement for
use of swimming pool at Sinsheimer Park from 12/1/80 through December 30, 1981.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
L \:1.10"1 04=
F1015 C6 On motion of Councilman Bond, seconded by Councilman Munger, the
following resolution was introduced: Resolution No. 4301 (1980 Series), a
resolution of the council of the City of San Luis Obispo approving an agreement
between the City and Family Services Center to provide $2,500 for services
provided from 7/1/80 - 7/30/81. Passed and adopted on the following roll call vote:
AYES:. Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
City Council Minutes
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Page 3
F611 C7 On motion of Councilman Munger, seconded by Councilwoman Billig, the
following resolution was introduced: Resolutionn No. 4302 (1980 Series), a
resolution of the council of the City of San Luis Obispo approving an agreement
between the City, and Attorney Robert Weatherford to represent Eire CHief in an
appeal of Jack Wainscott to the "Personnel'Board. Passed and adopted on the following
roll call vote:
AYES: Councilmembers Munger, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
C8 On motion of Councilman Bond, seconded by Councilman Munger, the
resolution was introduced: REsolution No. 4303 (1980 Series), a resolution
of the council.of the City of San Luis Obispo approving an agreement between
the City and State amending the Master Agreement for Federal Aid Program
entered into June 20, 1978. Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
F1111 C9 On motion of Councilman Bond, seconded by Councilman Munger, the following
resolution was introduced: REsolution No. 4304 (1980 Series), a resolution of
the council of the City of San Luis Obispo approving Amendment No. 1 to the
1980 -1981 Annual Transportation Claim. Passed and adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
C -10
Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
None
None
This item was continued to the end of the Consent Agenda.
F536 C -11 The three -month summary report concerning the closure of Higuera on
Thursday nights was ordered received and filed and the city staff was directed
to prepare a resolution for the council's consideration to make up the cost
to the Police Department and the Public Service Director for overtime for
handling this particular program.
C -12 On motion of Councilman Bond, seconded by Councilman Munger, the claim
against the City by Arleen Easter in the amount of $3.35 for injuries sustained
to the claimant when claimant allegedly fell on.city street was denied. Motion
carried.
F189 C -13 On motion of Councilman Bond, seconded by Councilman Munger, the claim
against the City by Ralph Falk in the amount of $40.00 to reimburse claimant for
clost of cleaning clogged sewer line alleged to be the city's responsibility was
denied. Motion carried.
C -10 Mayor Cooper left the City Council Chambers due to a possible conflict
of interest.
Vice -Mayor Dunin presiding.
City Council considered a resolution approving an agreement between the
City, Frank Truchan and Burt Polin for drainage.easement along the eastly boundary
of parcels at 975 Foothill Boulevard and east of Rougeot Place.
D.F. Romero, Public Services Director, explained the purpose of the easement, how
the figures and share had been calculated and he recommended that this matter
be approved by the City Council.
1
I�
Councilwoman Billig stated she objected to Mr. Romero's nogotiations with owner in
this fasion and the city adopting this resolution due to the provisions in the proposec
agreement and the magnitude of the city's participation which would help private
parties develop their own property. Shefelt private property owners should contribute
City Council Minutes
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Page 4
more than the city. She would make sure Mr. Romero is following the formula
and intent of previous council discussion on this matter.
Mr. Romero again explained the agreement provisions which he felt reflected the
decisions made by the council at a prior meeting.
Wayne Peterson explained that the route selected was substantially cheaper than
alternate routes, thus, even though the city would be paying the major portion
of the cost, the agreement represents a substantial savings to the city.
On motion of Councilman Bond, seconded by Councilman Munger, the following resolution
was introduced: Resolution No. 4305 (1980 Series), a resolution of the council
.of.the City.- of.San Luis.Obispo approving an agreement..between the City, and
Frank Truchan and Burt Polin for drainage easement along the eastly boundary of
parcels at 975 Foothill Bouelvard and east of Rougeot Place. Passed and adopted
on the following roll call vote:
AYES:. ''Councilmembers Bond, Munger, Billig and Dunin:
NOES: None
ABSENT: Mayor Cooper.
Mayor Cooper returned to the meeting and took his place at the council
table. .
F80 -24 B -1 City Clerk reported on the following bids received for SEWAGE TREATMENT
PLANT PARTS, CITY PLAN NOS. D -45, D -50 & D -51. THe bids were opened Friday,
October 10, 1980 at 10:00 a.m.
ITEM N0. 1` Furnish gas dome water seal for Digester #1 (Est. $7,500)
ITEM NO. 2 Furnish biofilter distributor assembly complete for Biofilter #1
(Est. $41,800)
' ITEM NO. 3 Furnish rising gas - holder dome assmebly complete for Digester #3
(Est. $72,000)
City staff recommended that Item Nos..l & 3 be granted to ENVIROTECH CORP.
and that Item No. 2 be granted to DORR- OLIVER,.INC.
On motion of Councilwoman Billig, seconded by Councilman Bond, the following
resolutions were introduced: Resolution No. 4310 (1980 Series), a resolution
awarding low bid of City Plan Nos. D -45 and D -51 to Envirotech Corp., and
Resolution No. 4311 (1980 Series), a resolution awarding low bid.of City Plan
No. D-50 to DORR- OLIVER. These resolutions passed and adopted on the following
ro i ll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
The City. Council then proceeded with their regular agenda.for the 7:30 meeting.
APPROVED: 11/18/80
J FibCpatrick, City Clerk
City Council Minutes
10/28/80 - 7:30 p.m.
Page 5
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 28, 1980 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
CONTINUATION OF THE ADJOURNED MEETING OF TUESDAY, OCTOBER 28, 1980 - 7:30 P.M.
F410 16. City Council held a public hearing to consider an appeal by Leonard
Blaser of a decision by Henry Engen, Community Development Director_, to require
a focused Environmental Impact Report adjacent to the city limits at the northerly
end of Del Rio known as the "Irish Hills Haciendas "...
Henry Engen, Community Development Director, stated that Leonard Blaser had sub-
mitted an application for changing the city's general plan to allow for the
development of 113 houses on 285 acres in the northern Laguna Lake neighborhood.
The project site is now outside the city. Mr. Blaser has also submitted an
application to prezone the property R -1 -PD and intends to apply to LAFCO for
its annexation to the city.
1
On September 24, 1980, .after reviewing an initial environmental study, the Community
Development'Director determined that the Irish Hills Haciendas project may have
a significant effect on the environment and required a focused EIR be prepared.
Mr. Blaser has appealed this decision.
Mr. Engen continued that the project began as a rezoning and rural planned
development proposal with the County. In 1979, the County of Board of Supervisors
reviewed the proposal to create 53 home sites on the property. An EIR was
prepared and certified as adequate by the board. The board also reviewed
alternatives to the 53 -unit project which reduced the number of units. On a
3 to 2 vote, the board rejected the rezoning.
In the spring of 1980, Mr. Blaser asked the City Council to review alternative
projects for the property at a,. "pre - tentative_ project conceptual .review ".meeting.
In May, the council looked at four alternatives which ranged from 46 units to
198 units. The minutes of the May meeting indicated that the majority of the
council could support alternative "B" which proposed 113 units.
In July 1980, Mr. Blaser submitted a general plan amendment application and
a PD prezoning request for the property. The 113 -unit proposal was almost identical
to alternative "B" reviewed by the council in May. The planning staff prepared
an initial environment study which identified the potential environmental
consequences of the report. The staff also reviewed the previous EIR prepared
for the 53 -unit county project. Based on this analysis, and after
conferences with the applicant, the Community Development Director determined
on September 24, 1980 that a focused EIR should be prepared. This is the
decision that is being appealed by the developer.
Mr. Engen concluded his comments by saying that following planning staff
conferences with Mr. Blaser and his design consultant, it was felt that the
project would have significant effect on the environment and additional studies
were needed. The items to be discussed in the new EIR were:. .
- Community Plans and Goals
- Transmission and Pumping-
- Sewage
- Traffic and Circulation
- School Service
- Hydrology
- Alternatives to the project
The City Council held a lengthy disucssion with Henry Engen on the content
of a focused EIR and the need for same as part of this project due to the number
of EIR's that have been filed for surrounding tracts both in and out of the city.
Mayor Cooper declared the public hearing open.
I
Mitch Walker, design
be willing to submit
the EIR submitted to
realized it was for
added to rather than
EIR.
consultant
additional
the county
Less number
going out
City Council Minutes
10/28/80 - 7:30 p.m..
Page 6
for Leonard Blaser, stated that they would
information to the city staff to supplement
for the Irish Hills Hacienda. Though they
of buildings, they felt the EIR could be
and hiring another consultant to prepare another
Robert Griffith, urged the City Council require a focused EIR for the Blaser
development and not depend on a 1979 EIR prepared for a county development. He
' urged the focused EIR as a proposal envisions annexation to the city and
the voters should know the environmental effects of the proposal. He also
stated a new EIR should be required as the proposed project is different from
that covered in the 1979 EIR prepared for the county.
Don Smith stated he could not see why the developer objected to paying
addition $8,000 for additional EIR information when he would reap millions
if the land is developed in the city. He urged a focused EIR be prepared
for full knowledge of the citizens of San Luis Obispo.
Leonard Blaser stated that the council requiring an additional $8,000 for
further information was ridiculous because he said the cost would be added to
the sale of each lot or each house and this was not the to lower cost of housing
to the people of San Luis Obispo. He reviewed the history of this proposed
tract before the county of San Luis Obispo and after processing through the various
county levels were turned down by the supervisors on a 3/2 vote as the super-
visors felt the area should be annexed and developed within the city and not the
county but he:felt he would do whatever the council ordered but he hoped the
council realized that all this costs would be taxed onto the new home buyers.
Tom Schumann did not feel that this was too much to spend for an EIR as the
developer would get back much more than this with no loss. He felt the EIR
was a necessity.
Mayor Cooper declared the public hearing closed.
George Thacher, City Attorney, stated that the council's action under this appeal
must be that an EIR is needed and that certain elements must be completed. If
the council did not feel an EIR is needed and the development has no effects on
the environment, then the council could find the EIR is not needed; or the
council could determine that certain portions of the focused EIR must be prepared.
Also, the council could order the focused EIR be prepared by the city staff in
house at no cost to the developer or have the developer prepare it by outside
consultants.
Councilman Bond asked if an EIR were prepared, could it then be used for both
staff study; planning commission hearings, council hearings, general plan
amendments and for the annexation.
Henry Engen stated yes, that was correct.
Councilman Dunin felt the benefit for the developer to prepare a focused EIR
only was for water, sewer and traffic. He agreed that all the costs would be
passed on by the developer to the purchaser of homes and this distressed him.
Councilwoman Billig supported the focused EIR and felt that council needed this
information in order to make an educated decision on the development, as well as
enable.the public to respond. She felt the EIR should include the general plan
' amendment, annexation and zoning actions. She felt that this proposal-.needs a
focused EIR in order to determine the policies for the general plan, zonings, and
annexation and also moving the urban reserve line. She would support the staff's
decision. She felt this was the best course for the developer.
Mayor Cooper had hoped that the previously adopted EIR would be sufficient in
addition to the EIR's prepared for a number of developments in the general area.
F410 -703
City Council Minutes
10/28/80 - 7:30 p.m.
Page 7
On motion of Mayor Cooper, seconded by Councilman Munger., that the City Council
uphold the Community Development Director's action and require a focused EIR
the scope to limited only to water, sewer and traffic. Motion carried on the
following roll call vote:
AYES: Mayor Cooper, Councilmembers Munger and Bond
NOES: Councilmembers Billig and Dunin
ABSENT: None
Councilwoman Billig stated she wished that the scope had included drainage
and soils and the effect of community goals on the general plan that this
development would present.
At 9:45 p.m., Mayor Cooper declared a recess. At 9:55 the meeting reconvened
with all councilmembers present.
17. City Council held a public hearing to consider the final map for
Tract No. 703, Higuera Commerce Park, a 64 -lot subidivision located at 3701 South
Higuera Street; Higuera Commerce Park Development Company, subdivider.
Wayne Peterson, City Engineer, presented the recommendations of staff stating
that they had reviewed the final map and a set =a -side letter guaranteeing
$1,250,000 for improvmenet bonds and $625,000 for labor and materials bond was
on file. And, all conditions had been met or had been bonded for. He made
the following recommendations prior to adoption of the final map:
1. That the proposed sewer line be located easterly of the row of cypress trees
and be located within an easement to be secured by the subdividers.
2. That the storm drain through the proposed city corporation yard be approved.
3. The South Higuera St. street section be approved per the map.
4. The set -a -side letter not be accepted as security to guarantee the comple-
tion of the subdivision improvements. That bonds are the preferred form of
security.
5. The final map be approved and the Mayor be authorized to execute the same.
Mr. Peterson stated that he was available for questions.
Mayor Cooper declared the public hearing open.
Ben Maddalena, engineer for the developer, stated that the developer accepted
without question conditions nos. 1, 2 & 3 submitted by the engineer; but objected
to the location of the bike path without being definitely located on a map.
He felt that they had no object to placing the bike path but just having an open
area stating bike path was very difficult to comply with. He also objected to
the condition of bonds and hoped the council would allow them to use a set -a -side
letter.
Mayor Cooper declared the public hearing closed.
D.F. Romero, Public Services Director, suggested that the developer should make
some compensation available to the city for use of city land for their easements
for storm drain which goes through the corporation yard.. He suggested that the
compensation be in the form of a catch basin, curb, gutter, and sidewalk and
paving at the entrance to the corporation yard where the storm drain would placed.
On motion of Councilman Bond, seconded by Councilman Munger, the following
resolution was introduced: Resolution No. 4306 (1980 Series), a resolution of
the council of the City of San Luis Obispo approving the final map of Tract 703
Higuera Commerce Park, Higuera Commerce Park Development Company, subdivider,
including all findings required in the tentative map and approving a set -a -side
letter guaranteeing completion of the improvements.. Passed and adopted on the
following roll call vote:
AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
U
1
City Council Minutes
10/28/80 - 7:30 p.m.
Page 8
F410 -939 18. City Council held a public hearing to consider the recommendations of
the Planning Commission on Cuesta Valley Properties applications for use permit
and tentative tract map to create a 10 -lot residential subdivision on the east
flank of San Luis Mountain and at the southerly end of Hill Street and adjacent
to U.S. Highway 101; R -1, R -1 -S, and A /C -20 zones.
Henry Engen, Community Development Director, stated the items that must be
considered by the council are: 1) an environmental determination which would
' be to accept the EIR previously prepared for Tract No. 735 as adequate to
address the impacts of the project; 2), to consider an appeal to the decision
of the Planning Commission on the Use Permit for Tract 939 as the Planning
Commission approved 10 lots and not 15 lots.as applied for by the developer;
3) the council to approve the tentative map for Tract 939 limited to 10 lots
subject to findings and variances and conditions imposed by the Planning Commission.
He continued that on September 24, 1980, the Planning Commission approved the
use permit subject to six conditions. Condition No. 1 of the approved Use Permit
stated:that "Applicant shall revise subdivision design to show proposed lots 9,
Hand 11 combined into one lot for a total of ten lots in the subdivision."
This was the condition being appealed by the applicant. The applicant wanted
a total of 11 lots and requested that Condition No. 1 be changed to read:
"Applicant shall revise subdivision design to show.proposed.lots 9, 10 and
11 combined into one lot and proposed lots 12, 13, 14 and 15 combined into
two lots, for a total of 11 lots in the subdivision.
The planning staff recommended that the appeal be granted and Condition No. 1
of approved use permit be revised to allow a total of 11 lots in the subdivision.
Staff recommended no changes to other conditions of approval by the Planning
Commission. If the council desired to uphold the appeals, several conditions
of the draft resoltuion for the approval of the tentative map for Tract No. 939
must be revised.
Mayor Cooper declared the public hearing open.
Mr. Lindenthaler, engineer for the developer, stated the developer had agreed
with all staff reports, including the 11 -lot subdivision -and that he was available
for any questions that the.City Council might have.
Bramwell Anthony, Hill Street, continued to object to the development of slopes on
San Luis Mountain due to the existing soil conditions, flooding and drainage problems
and potential fire hazards. He felt that this had not been adequately researched
at prior Planning Commission and council meetings and he hopes his worries were
unfounded.
Mayor Cooper declared the public hearing closed.
Councilman Dunin felt that an 11 -unit subdivision was acceptable to him as
it was a long way from the original proposal.
Councilwoman Billig stated she could support either 10 or 11 lots but was concerned
about the location of the buildings'on the upper lots. She wanted specifics on
sites of houses. She felt this proposal was a good compromise.
Councilman Bond stated he could support or 11 lots developed just so that the
buildings built on the lots were located sensitively to the terrain.
Councilman Munger stated he could support an 11 -lot subdivision.
' On motion of Councilman Munger, seconded by Councilwoman Billig, that the City
Council uphold the appeal of Cuesta Valley Properties and amend the use permit
to allow an 11 -lot subidivision. Motion carried, all ayes.
On motion of Councilwoman Billig, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No..4307 (1980 Series), a resolution
of the council of the City of San Luis Obispo granting approval of Tentative
Tract Map No. 939 located at 565 Hill Street, subject to 21 conditions listed.
Passed and adopted on the following roll call vote:
City Council Minutes
10/28/80. -,7:30 p.m.
Page 9
AYES: Councilmembers Billig, Dunin and Mayor Cooper
NOES: Councilmembers Bond and Munger
F463 19. City Council held`a public hearing to consider amendments to sections
9200.29, 9200.32, 9200.34 and 9200.35 of the San Luis Obispo Municipal Code
(P0, C -N, C -H and M zones), to allow or not allow radio and television broad-
casting studios and stations within said zones.
Henry Engen, Community Development Director, stated that the Planning Commission,
on a unanimous vote, recommended that the City Council approve the amendments to
the zoning ordinance text as shown with a negative declaration on environmental
impact and pass to print an ordinance stating so.
Mayor Cooper declared the public hearing open. No one appeared before the City
Council for or against the proposed ordinance. Mayor Cooper declared the public
hearing closed, and on motion of Councilman Bond, seconded by Councilman Munger,
the following ordinance was introduced: Ordinance No. 867 (1980 Series), an
ordinance of the City of San Luis Obispo amending the zoning regulations to
allow radio and television broadcasting studios and stations in the C -H
zone with no use permit required, in the PO and M zones subject to a Board
of Adjustments use permit, and to delete radio stations as an allowed use
in the C -N zone. Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
F410 -937 20. City Council held a public hearing to consider a recommendation of the
Planning Commission to approve a tentative map for Tract No. 937 to create a
10 -lot residential subdivision located 3300 Johnson Avenue, R -1 zone, Roger
Brown subdivider.
Henry Engen, Community Development Director, stated that the Planning Commission,
on a unanimous vote, recommended the council adopt the resolution granting
approval of the tentative map for Tract No. 937, with a negative declaration on
environmental impact and subject to findings and conditions listed recommended
to the council.
Mayor Cooper declared the public hearing open.
Leonard Lenger, engineer for the developer, appeared before the City Council
and stated they agreed with all the Planning Commission conditions and were
available for questions.
Roger Brown, developer, also stated he was available for questions.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Munger, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4308 (1980 Series), a resolution of .
the Council of the City of San Luis Obispo granting approval of tentative tract
no. 937, located at 3300 Johnson Avenue. Passed and adopted on the
following roll call vote:
AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper
NOES: Councilwoman Billig
ABSENT: None
F425 21. " City Council held a public hearing to consider accepting $350,000 grant
monies from the Federal Department of Housing and Urban DEvelopment for the
rehabilitation of downtown housing units.
Henry Engen, Community Development Director, reviewed the history of this
project of public hearings there were held and the fact that HUD has now
given final approval to this grant. He warned that if the City Council accepts
City Council Minutes
10/28/80 - 7:30 p.m.
Page 8a
L. Walton, C.A.O., recommended that the county adopt the state
recommendation modified as follows:
A - That Section 2 of the resolution be amended to read that
"a contingency of 10% and an inflation factor not to exceed
10% may be added onto all development projects" if, in the
opinion of the City Engineer, current conditions or
' circumstances justify the inflation increment.
B - That Section 3 be amended by adding the following sentence
"if a 'set aside' form of collateral is utilized its use
shall be subject to the 'set aside' procedures dated
November 18, 1980 and incorporated by reference herein."
C - That Section 4 should be amended by adding the words
"or a set aside letter" at the end of the sentence.
He felt that the "set aside" form of bond could be acceptable with
appropriate restrictions. However, it does impose a greater adminis-
trative burden on the city and in the strictest sense only guarantees
a specific amount of money rather than completion of the project.
City Council Minutes
10/28/80 - 7:30 p.m.
Page 10
the funds, they must agree to two conditions: 1) the city must agree that the
federal money will only be spent on rehabilitation of private housing. Meeting
this condition is no problem since this is exactly what was proposed by the city.
2) the city must prepare a dislocation strategy for people who may be temporarily
displaced by the rehabilitation program. Federal money would be used to pay
any relocation costs..
Subsequently, the City Council would be asked to approve other documents to
send to HUD before the rehabilitation program could begin. These would include:
Al Dislocation Strategy: The City Council must approve a dislocation strategy
consistent with federal guidelines and submit it to HUD by November 28, 1980.
B) Program Guidelines: The city must approve guidelines for the administration
of the rehabilitation program. These guidelines must spell out in detail who is
eligible for rehabilitation funds, the application process and what loan programs
would be available.
C) Agreement between city and Housing Authority: This would spell clearly
the administrative procedures and responsibilities of both agencies.
Mayor Cooper declared the public hearing open.
Rich Chubon, Executive Director for the Housing Authority, spoke in support of the
council accepting this grant for the preservation of downtown housing and that
his organization was more than willing to cooperate in its management.
Steve Henderson, Director of Retired Persons, spoke in support of a program
for downtown housing.
Mayor Cooper declared the public hearing closed and on motion of Councilwoman
Billig, seconded by Councilman Dunin, that the City Council accept the block
grant for downtown housing and authorize the Mayor to sign the necessary
documents. Motion carried, all ayes.
22. City Council considered adoption of a resolution authorizing acquisition
of property for public use, stating the public use for which the property is to
be taken, declaring the necessity for said acquisition and authorizing eminent
domain proceedings in the event the City Administrative Officer is unsuccessful
in reaching agreement to acquire the property (parking structure on Morro Street
between Palm and Monterey.)
George Thacher, City Attorney, briefed the City Council on the action they must
consider and take at this meeting in order to proceed with the acquisition of
the property for future parking structure construction.
Mayor Cooper declared the public hearing open.
Katherine Owens objected to the city buying more land for parking of cars when
the city owns land all around this area for parking. She felt the city should
build a parking structure on land they already owned without going beyond the
area and buying more land, taking more business properties from the city.
Jerry Caylor, Premium Music Company, business operator in the building being
considered for parking, stated that at no time to date has the City of San
Luis Obispo even approached him as to what was going to happen to him and his
business. He felt that he had been poorly treated by his city officials; where
does he go, what does he do, does he have to leave San Luis Obispo in order to
stay in business or what are his options. Why did the city not work with him
and the property owner rather than hear about it from others and unofficial
sources. He felt the council was not aware of what was happening with automobiles
in America as he feels it is going to become more expensive and he felt that
the city was 20 years too late in providing parking structures for San Luis
Obispo.
Mrs. Florence Ca for objected to the new parking facilities for downtown San Luis
Obispo. She felt that the people were going to move to more mass transit and not
automobiles and that multi - million dollar parking structures was a poor
investment for the city and its taxpayers.
Mayor Cooper declared the public hearing closed.
Councilman Bond stated that he was opposed to the development of a parking
structure. He did not feel that even the merchants were supporting this
City Council Minutes
10/28/80 - 7:30 p.m.
Page 11
building. He realized that a small group were talking it up but the majority
weren't saying much about it. He still was opposed to construction of this
structure at this time.
Councilman Munger stated he felt the parking garage was needed, that the
majority of the downtown businesses supported the construction of the structure.
He felt that this location was common knowledge in downtown San Luis Obispo
for a number of years. He felt that there was a dire need for parking in
San Luis Obispo in order to save the downtown businesses from moving to
shopping centers.
Councilman Dunin stated he was in support of the parking structure; he felt
it was needed to help the city to solve its parking problems. He always
felt that Premium Music location was his first and prime choice for this
structure. He felt that the vitality of the city depends on on the vitality
of the downtown shopping and the salvation of the city economy. He objected
to people constantly telling him that they were.not.aware of what the city
was planning. He said as long as he can remember in San Luis Obispo they have
talked of parking structures in this general area. He knows it was common
knowledge that the structure was to be placed at this location.
Councilwoman Billig supported alternative modes of transportation, but stated that
even in the future, cars will be needed. She stated that until all the economics
are known, the city does not know the viability of this project and whether the
merchants and property owners would support it with money. Until these facts
are known, the council is still committed to a parking structure at this location.
At the time funds must be supplied is when the city will find out if they have
any support for the structure.
On motion of Councilwoman Billig, seconded by Councilman Dunin, the.following
resolution was introduced: Resolution No. 4309 (1980 Series), a resolution
of the council of the City of San Luis Obispo authorizing acquisition of
property for public use stating the public use for which the property is to be
taken, declaring the necessity for said acquisition and authorizing eminent domai�
proceedings in the event the Administrative Officer is unsuccessful in reaching
agreement to acquire the property. Passed and adopted on the following roll call
vote:
AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Coopr
NOES: None
ABSENT: None
23. City Council considered deferring street widening on east side of
Madonna Road at the new post office location until report on trees was
received and alternatives to widening discussed.
Henry Engen, Community Development Director, submitted a lengthy report on the
subject stating that it was the staff's understanding that the kev issues
are the removal of the trees on the,southerly side of the street and the need
for widening Madonna Road now or in the future. He then reviewed substantial
information for the council's determination.
On motion of Councilwoman Billig, seconded by Councilman Dunin, that the
City Council allow the developer to proceed without widening the street,
placing curb, gutter and sidewalks, and no tree removal at this time, but
require the developer to deposit cash funds with the city necessary to accomplish
said work when other properties on the east side of Madonna Road east of the
post office property developed in the future. Motion carried, all ayes.
24. On motion of Councilman Bond, seconded by Councilwoman Billig, the
following ordinance was introduced: Ordinance No. 868 (1980 Series), an
interim urgency ordinance of the City of San Luis Obispo extending a moratorium
on the establishment of adult entertainment enterprises for a period of 8 months.
Introduced and finally passed on the following roll call vote:
City Council Minutes
10/28/80 - 7:30 p.m.
Page 12
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
F735 25. On motion of Councilman Bond, seconded by Councilwoman Billig, the
following ordinance was introduced: Ordinance NO. 869 (1980 Series), an
' ordinance of the City of San Luis Obispo adding Chapter 6 to Article IV of
the San Luis Obispo Code to prohibit the display and sale of drug para-
phernalia to minors. Introduced and finally passed on the following roll
call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
26. Final passage of Ordinance No. 866, an ordinance amending Part 1 of
Chapter 4 of Article II of the San Luis Obispo Municipal Code to provide the
Planning Commission shall consist of five members was continued to November 18,
1980.
F410 -744 27. Council to consider a request from Keith Bruington for council to
review possible resolution of access regarding property located at 2895 S.
Higuera Street, entrance to Villa Fontana and the Dennis Transfer Company.
Keith Bruington appeared before the City Council stated that he and Mr. Whelchel
had spent many hours trying to provide access to their adjacent properties
and that they have come to what they feel is a mutually acceptable access but
that while the two individuals have come to an agreement, the city staff cannot
' support the agreed solution. So, it is up to the City Council to give some
guidance as to what should be done to develop this property.
Clell Whelchel, property owner of Dennis Transfer, again reviewed his need for
access, that he could not develop a road along the north side of his property
as he neither owns the land and it would be impossible, he felt, to build a
sufficient road to come around the back of the warehouse site. Also, he
felt that he and Keith Bruington had come to a logical agreement to the access
but that the staff objected to each and every suggestion.
Henry Engen, Community Development Director, stated that the primary problem
was the mixture of driveway accesses as suggested by the property owners
which is a mixture of commercia, heavy truck access and residential access into
the Villa Fontana. He stated the staff could not support a driveway involving
the extensive cut around the northside of the building. Finally, they felt
the joint use of a driveway causing the removal of two units from the front
of Villa Fontana was unreasonable. They could not recommend a deep lot
subdivision which was not allowed by city ordinance.
Wayne Peterson, City Engineer, then reviewed for the council several alternatives
for development of access to both properties.
D.F. Romero, Public Services Director, stated that he was certain the staff could
work-out a solution with the parties involved and suggested the matter be referred
to staff.
It was moved by Councilman Bond, seconded by Councilman Dunin, that the staff
be directed to meet with Mr. Bruington and Mr. Whelchel and arrive at a reasonable
solution to the access to both the Dennis Transfer property and the Villa
Fontana development, with a report to the City Council at their meeting on
November 3, 1980. Motion carried, all ayes.
There being no further business to come before the City Council, Mayor
Cooper adjourned the meeting to 2:00 p.m. October 30, 1980, in the conference
room at City Hall.
APPROVED: 11/18/80
"'FitzIfatrick, City Clerk