Loading...
HomeMy WebLinkAbout06/21/1983M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 21, 1983 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL 'Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor Melanie C. Billig Absent: Allen K. Settle City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Acting City Attorney; Art Shaw, Contract Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Bobbie Goddard, Acting Finance Director; Mike Dolder, Fire Chief; Steve Henderson, HRC Coordinator; Ann Crossey, Personnel Director; Roger Neuman, Police Chief; Dave Romero, Public Works Director; Jim Stockton, Recreation Director --------------------------------------------------------------------- C O N S E N T C A L E N D A R C -1 REPORT ON BIDS - LAGUNA LAKE GOLF COURSE.IRRIGATION MODIFICATIONS Dave Romero, Public Works Director, reviewed the bids received for "LAGUNA LAKE GOLF COURSE IRRIGATION MODIFICATIONS "; City Plan No. G -46; bid estimate $65,740, without contingencies; bids opened June 2, 1983 (see file 1183 -08). Two bids had been received, the low was Karleskint -Crum for $135,211, and Spiess Construction Co. $234,744. As there were insufficient funds to award the contract as bid, staff was recommending that the project be revised to reflect a smaller scale project and readvertise it as an entirely new project. Part of the reduction would be deleting water sprinklers from the driving range and pro shop areas and by not extending any of the waterlines that were proposed to be extended in the original plans. Staff was recommending that all bids be rejected and staff be authorized to prepare new plans and specs for a smaller scale project readvertising for bids. After brief discussion, it was moved by Councilman Griffin, seconded by Councilman Dunin, that all bids be rejected. Motion carried on the following roll call vote: AYES: Councilman Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle On motion of Mayor Billig, seconded by Councilman Griffin, that staff be directed to prepare revised plans and specifications for a smaller scale project as discussed this evening and bring back to Council for approval. Motion carried on the following roll call vote: AYES: Mayor Billig, Councilmembers Griffin, Dovey and Dunin NOES: None City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 2 Absent: Councilman Settle C -2 LAGUNA LAKE MATERIAL REMOVAL On motion of Councilwoman Dovey, seconded by Councilman Dunin, that plans for material removal in the Prefumo arm of Laguna Lake be approved as submitted and staff authorized to proceed with Zone 9 arrangements for the material removal. Motion carried, all ayes, Councilman Settle absent. C -3 AGREEMENT TO PROVIDE LAUNDRY SERVICE On motion of Councilwoman Dove v; seconded.by Councilman-Dunin, that plans resolution was introduced: Resolution No. 5132 (1983 Series , a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Aratex Services, Inc. for laundry service to the Public Works Department through June 30, 1985; bids opened June 9, 1983. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle C -4 SHOPPER SHUTTLE SERVICE On motion of Councilwoman Dovey, seconded by Councilman Dunin, that the recommendation by the Mass Transportation Committee to provide a Tuesday Madonna Plaza Shopper Shuttle Service from lower Higuera to Madonna Plaza be approved. Motion carried, all ayes, Councilman Settle absent. C -5 COUNTY FIREFIGHTER EQUIPMENT Councilman Griffin suggested three minor amendments to the agreement for the loan of the firefighter equipment. After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Griffin, that the following resolution be introduced: Resolution No. 5133 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the County for loan-of County firefighter equipment and authorizing the Mayor to sign with amendments as follows: 1) add a third WHEREAS to the first page "WHEREAS, a mutual aid agreement between County and Department obligates Department to assist in providing fire and rescue assistance within the County of San Luis Obispo which may require self- contained breathing apparatus; and "; 2) add section 5.a "Participate as a mutual -aid responder to fire and rescue incidents within the County of San Luis Obispo Obispo which require.self- contained breathing apparatus; and b. Meet the training requirements of the San Luis Obispo County Fire Department for response to fire and rescue incidents within the County which may require the use of self- contained breathing apparatus; or." Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle C -6 RENTAL SPACE AT RADIO TRANSMITTER SITE On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 5134 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City Police Department and the County of San Luis Obispo for rental of space at the radio transmitter site on Cuesta Grade. City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 3 Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle A D V I S O R Y B 0 D Y A P P O I N T M E NT S A. HANDICAPPED BOARD OF APPEALS Toby Ross, Community Development Director, reviewed the recommendations for five appointments to the Handicapped Board of Appeals, stating that this was a new board and would be interpreting regulations relating to the handicapped. Staff was recommending that Bill Bailey (handicap), Peter Zuiderweg (construc- tion), and Dave Singleton (member at large) be appointed to the Handicapped Board of Appeals for two -year terms expiring 3/31/85; and Lois Barton (handicap) and Ken MacIntyre (construction) for one -year terms expiring 3/31/84. After brief discussion, it was moved by Councilman Dunin, seconded by Mayor Billig, to appoint those individuals as recommended. Motion carried on the following roll call vote: AYES: Councilman Dunin, Mayor Billig, Councilmembers Dovey and Griffin NOES: None ABSENT: Councilman Settle IPUBLIC HEARINGS 1. RECONSIDERATION OF TRACT 1034 (LELAND TERRACE) Council held a public hearing to reconsider drainage requirement for Tract 1034 regarding the existing storm drain pipe under the Southern Pacific Railroad located near the southerly face of Terrace Hill; R -1 -PD zone; Cuesta Valley Properties, subdivider (continued from 5/17/83). Toby Ross, Community Development Director, requested continued to a date uncertain as staff had still not the subdivider requesting specific wording to be con as an alternative to the present wording. After brief discussion, it was moved by Councilwoman Councilman Griffin, that this item be continued to a staff authorized to readvertise for a public hearing specific request by the subdivider. Motion carried on the following roll call vote: that this item be received letter from sidered by the Council Dovey, seconded by date uncertain with upon receipt of a AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle 2. TIME EXTENSION FOR TRACT 978 Council held a public hearing to consider a Planning Commission recommenda- tion to grant a 12 -month time extension for submission of final map for Tract 978 (Mission Grove Commercial) creating a four -unit office air -space condominium conversion located at 555 Chorro Street; 0 zone; John E..King, subdivider. City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 4 Toby Ross, Community Development Director, reviewed the council agenda report (file #410 -978), stating that the Planning Commission had reviewed the proposal and on a 5 -0 vote. recommended Council approval subject to all previous findings and conditions of tentative map approval. Mayor Billig declared the public hearing open. No one spoke for or against the proposed tentative map. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5135 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving a 12 -month time extension to file the final map for Tract 978 as recommended. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 3. TIME EXTENSION FOR TRACT 979 Council held a public hearing to consider a Planning Commission recommendation to grant a 12 -month time extension for submission of the final map for Tract 979 (Victoriana) creating a 10 -unit residential air -space condominium in three buildings located at 533 Pismo Street; R -3 zone; John E. King, subdivider. 1 Toby Ross, Community Development Director, reviewed the council agenda report (see file #410 -979) with a recommendation that the Planning Commission 1 had approved the time extension on a 5 -0 vote and recommended Council approval subject to all previous findings and conditions of the tentative map approval. Mayor Billig declared the public hearing open. No one spoke for or against the proposed time extension. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5136 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving a 12 -month time extension to file the final map for Tract 979 as recommended. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle Mayor Billig adjourned the City Council meeting 4. 7:15 P.M. PARKING The Parking Authority convened in regular session at 7:15 p.m. on the following roll call vote: Commissioners Dovey, Dunin, Griffin and Chairperson Billig Absent: Commissioner Settle. City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 5 The Parking Authority held a public hearing to consider a resolution approving an agreement between the City and Mann Theatres for lease of space in proposed parking structure (continued from 5/17/83). Paul Lanspery, Administrative Officer, reviewed the Parking Authority agenda report (see file 41551) and reviewed the key provisions of the building agreement and lease: 1) The term of the lease is for a 20 -year period and is to include approximately 20,000 square feet of leaseable space in the parking project. 2) Theatre patrons would be required to pay for garage parking and at the same rate charged to all other patrons of the garage and would receive no preferential treatment. 3) The agreement would become invalid if the parking project was deemed to be beyond the city's financing ability. 4) The Mann Theatre Corporation was responsible for the installation of all their operating equipment; including seats, carpets, draperies, screens, concession equipment, etc. 5) Two rent formulas would be established: a) a fixed minimum annual rent established based upon actual construction costs of the theatre. The fixed minimum rent would be calculated on actual construction costs including the prorata cost of bond financing, engineering, and other project management expenses plus a ten percent profit factor to the City. The fixed minimum annual rent would not exceed $10 per square footage of the theatre. b) In addition to the fixed minimum annual rent a gross receipts percentage rent was also included, whenever ten percent of the annual gross boxoffice receipts of the theatre was greater than the fixed minimum annual rent the City would receive the larger amount. Beginning year eight of the agreement, five percent of the annual gross concession receipts would be factored into the calculation of gross receipts. 6) The tenant was responsible for all utility costs associated with the operation of the theatre. 7) The tenant was prohibited from using the theatres for religious or political purposes. 8) The tenant was entitled to four separate options to renew for periods of five years each. 9) The theatres would be made available to the City for use up to six times a year at no cost, this would exclude personnel and utility expenses. ' Mr. Lanspery stated that based on current assumptions of construction and financing costs the City expected to receive $1,420,000 in net profit revenue during the initial 20 -year period of the lease. This would be the positive in the parking fund and provide a subsidy to the financing of the garage. Chairperson Billig declared the public hearing open. Bernard Kaufman, Vice President of Mann Theatres, stated that he had worked very closely with the City for the last two and one half years and in particular worked with Mr. Lanspery for the last one and one half years on trying to -work out an agreement acceptable to both parties. He reviewed his experience stating he had operated the Fremont Theatre since 1973 and prior to that the old Grauman's Chinese Theatre in Los Angeles. He would urge the Council's continued support. Commissioner Griffin stated that he felt the resolution and agreement were good; however, he would prefer to have the recitals with some clarification to more adequately describe the relationship between the City i.e. the City Council and the Parking Authority. Chairperson Billig stated that the Parking Authority Board had received additional information this evening and would suggest that this item be continued to the July 5, 1983 Parking Authority meeting, in order to receive a report back from the City Attorney concerning the additional information. On motion of Commissioner Griffin, seconded by Commissioner Dovey, to continue this item to the July 5; 1983, meeting with further staff report concerning the additional material received this evening, Mann Theatres also'invited to comment. 1 Motion carried on the following roll call vote: AYES: Commissioners Griffin, Dovey, Dunin and Chairperson Billig City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 6 NOES: None ABSENT: Commissioner Settle Chairperson Billig adjourned the meeting at 7:35 p.m. Mayor Billig reconvened the City Council at 7:36 p.m., Councilman Settle absent. 5. TENTATIVE MAP APPROVAL FOR TRACT 1125 Council held a public hearing to consider a Planning Commission recommenda- tion to grant tentative map approval for Tract 1125 creating a five -unit industrial air -space condominium conversion located at 855 Via Esteban; M zone; Mark Wheeler, subdivider.. Toby Ross, Community Development Director, reviewed the council agenda report (file #410- 1125), stating that it was the Planning Commission's recommendation by a 6 -0 vote to approve the requested condo conversion subject to the recommended findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. Terry Orton, representing the owner Mark Wheeler, requested that the ' Council delete condition #1 which would require individual water services for each unit,.meters would be clustered at the back of the sidewalk at property frontage to the approval of City Engineer. Mayor Billig declared the public hearing closed. After brief discussion it was moved by Councilman Griffin, seconded by Mayor Billig, the following resolution be introduced: Resolution No. 5137 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving the tentative map for Tract 1125 as recommended. Passed and adopted on the following roll call vote: AYES: Councilman Griffin, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Settle 6. FLOOD MANAGEMENT Council held a public hearing to consider the adoption of a resolution making certain environmental findings and adopting a Flood Management Policy Standards and Action Plan. Dave Romero, Public Works Director, reviewed the council agenda report (file 11597) with the recommended action that Council accept the public testimony and modify exhibits or resolution as needed and then to adopt the resolution addressing the environmental issues, Flood Management Policy Standards and Action Plan. Councilman Griffin suggested that rather than the recommended action-to add to SECTION III of the report item G, Flood Management Report, April, 1983 (to serve as general background information) be deleted and page 6 -2 of the report the second to the last WHEREAS be amended to read as follows: "WHEREAS, the City has prepared an Initial Environmental Study on the Flood Management Report and proposed Policy Statement and Action Plan of April 1983; and ", and also suggested amendment to page 6 -4 under SECTION II to read: "In April 1983 a comprehensive Flood Management Report was prepared by staff and presented to the Council. This report included valuable, background information and provided a broad framework for the City's Flood Management Policy and Program." He also suggested an amendment to page 6 -6 under item D to read: "Initial Environmental Study - Flood Management. Report - J¢-JI ¢d 14$ adopted June 21, 1983; ". 1 1 City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 7 Councilwoman Dovey also suggested some minor amendments to the Flood Management Report. Mayor Billig declared the public hearing open. Joan Leon, representing the League of Women'Voters and living at 250 Charles Lane, submitted the following letter: "After reviewing the plan, League can support many aspects of the Flood Management Program. We agree with the policy that the creeks should be maintained in their natural state. The comprehen- sive planning that looks at the flood plain as a whole is necessary, as is coordinating with Zone 9 for work and funding. The plan itself has a format which considers priorities based on established criteria. Phasing will allow evaluation of accomplished work, and will occur as funding becomes available. ";Do `The term " improvements" may beiappropriate when discussing drainage systems which are man -made; however, when referring to changing the natural creek, the term "modification" seems more appropriate. We would suggest this wording for better understand- ing. While we support generally the plan, we have some concerns about the environmental protection and about implementation of the plan. Environmental Protection We whole - heartedly support the policy of maintaining the creeks in their natural state. In order to assure this, will there be baseline data gathered before any modifications are made? Will any modifications completed be monitored to determine what their impact has been? Since the plan calls for phasing, we suggest that each modification be evaluated to see if the desired effect has been achieved and that mitigation measures are in fact effective, before further modifications are done. On page B -2 of the policy document, there is a reference to "special findings" before modifications 7, 8, or 9 can be used. What are these special findings? Implementation Since waterways lie outside the city limits, will the agreement with Zone 9 also address flood management throughout the basin, in a comprehensive manner, to achieve the most benefits to the region? Due to budget constraints, non - structural approaches to solutions will occur first; this will afford an opportunity to see how effective these measures are. Increased maintenance is high on the priority list. Since from 85 to 95% of the creeks are on private property, it is essential that the responsibilities for maintenance are clear -cut. The Action Plan on page 5 of the Policy document mentions an ordinance which will spell out the responsibilities for maintenance of the creek, and the city's enforcement capabil- ities. Given the high percentage of private ownership of the creeks, it is important to have an effective mechanism for protecting the creeks, enforcing the intent of the management plan, and funding the necessary personnel to do the job. On page 19 of the staff report, an ordinance is suggested. We would urge that any ordinance considered have the necessary enforcement capabilities to make the law meaningful. According to the Report, only 10 to 15% of those eligible have flood insurance. Since the City has chosen to participate City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 8 in the federal program, what plans are there to inform the public that this insurance is available? How important is this insurance program to individual property owners? In summary, the Flood Management Plan is a comprehensive program which looks at not only.the natural creek system, but at the man -made drainage system...The.staff has done a good job of listing the priorities, based on their knowledge and experience. Phasing will allow evaluation periodically. Now there is a need for the public to be aware of the policies.of this flood plan, and to,know their responsibilities in maintaining the creeks." Mayor Billig declared the public hearing closed. Dave Romero, Public Works Director, reviewed the questions raised by the League of Women Voters, stating that staff would have no problem with the change in wording of improvements to modifications when discussing drainage systems. that are not man-made: He stated that. page _2 of the policy document, special findings,.would be used only when no other feasible solution could be made, there was no other firm criteria. With regard to the waterways that lie outside the city limits, Mayor Billig agreed that a message should be sent to Zone 9 encouraging them to follow along the same path as the city has taken to protect those waterways. Dave Romero, Public Works Director, reemphasized the fact that the Council had recognized that maintenance be high on the priority list and made that quite clear during their budget deliberations. With regard to the comment that there was a need for the public to be aware of the policies of the Flood Plan, Mayor Billig suggested that this could be acknowledged in the City's Newsletter and in other such.publications. Councilman Griffin would again emphasize that.the responsibility of the creeks and the waterways.was not that only of the city but of the property owners as well. Councilman Dunin agreed. He felt that the Flood Management Policy had effectively merged both.environmental_ concerns and took a practical approach on the protection of.life and property. He again reiterated to staff that no monies should be left over in the budget for the maintenance and upkeep, but would expect it to have all been used as staff had recommended. On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 5138 (1983 Series), a resolution of the Council of the City of San Luis Obispo making certain environmental findings and adopting a.Flood Management Policy Standards and Action Plan as amended through discussions this evening. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 8:20 p.m. Mayor Billig declared a recess. 8:35 p.m. City Council reconvened, Councilman Settle absent. 7. FINAL REVIEW OF THE 1983- 84.CITY BUDGET Council held a public hearing to consider final adoption of the 1983 -84 City Budget. This review included seven separate actions by the Council as follows: a) resolution approving the Operating Budget.; b) resolution approving the Capital Improvement Program; n 1 C City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 9 c) resolution approving Federal Revenue Sharing Funds (which were those funds carried over from 1982 -83); d) motion to approve 11 policy statements and action plans; e) resolution increasing various fees at Laguna Lake Municipal Golf Course; f) resolution increasing monthly use fees for San Luis Obispo Swim Club at the Municipal Swimming Pool at Sinsheimer Park; g) contract for consultant to perform advertising services for the Business Improvement Area. Roberta Goddard, Acting Finance Director, reviewed the first four items showing the Operating Budget to be approved at $15,930,902; the C.I.P. Program with $1,643,600; the Revenue Sharing Appropriations for Entitlement 14 was for $185,000; and that Council should, by motion, accept the Management and Budget Policies. Jim Stockton, Recreation Director, reviewed the adjustment of fees for use of Laguna Lake Golf Course. The three fee increases proposed would be for: 9 Holes, weekdays, from $2.00 to $2.50; and on weekends and holidays $2.00 to $3.00; 18 Holes on weekdays would go from $3.50 to $4.50; and on weekends and holidays from $4.00 to $5.50; and a single monthly fee per person would go from $18.00 to $25.00; a couple $23.00 to $35.00; and a family $35.00 to $50.00. The renegotiated agreement with the San Luis Obispo Swim Club would go from $90 to $100 per month, which is increasing the pool rental revenues by approximately 20%. Geoff. Grote, Acting Finance Director, reviewed the agreement with Tom Jones and"the B.I.A., stating that the agreement needed a slight amendment to include the Chairman of the B.I.A.'s signature. Mayor Billig declared the public hearing open. No one spoke for or against any of the items concerning the budget. Mayor Billig declared the public hearing closed. Mayor Billig was concerned about the lack of public input on this most important city policy and planning tool. a) On motion of Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5139 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving the Operating Budget as recommended. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle b) On motion of Councilwoman Dovey, seconded by Mayor Billig, the following resolution was introduced: Resolution No. 5140 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving the Capital Improve- ment-Budget as recommended. Passed and adopted on the following roll call vote: AYES: Councilwoman Dovey, Mayor Billig, Councilmembers Dunin' and Griffin NOES: None ABSENT: Councilman Settle c) On motion of Councilman Dunin, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5141 (1983 Series), a City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 10 resolution of the Council of the City of,San Luis Obispo approving the Federal Revenue Sharing Funds in the amount of $185,000 with carry over funds from 1982 -83. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle d) Councilman Griffin suggested that the Storm Drainage Policy Statement be revised to more accurately reflect what the Council just adopted in the Flood Management Policy Plans and Procedures. On motion of Councilman Griffin, seconded by Councilman,Dunin, that the Management Budget.Policy.Statement and Action Plan be revised and to include that amendment. Motion carried on the following roll call.vote; AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle e) On motion of Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 5142_0983 Series), a resolution of the Council of the City of San Luis Obispo approving fee increases at the Laguna Lake Golf Course as proposed. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle f) On motion of Councilwoman Dovey, seconded by Councilman Griffin, -the following-resolution was.introduced:,..Resolution No. 5143 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving fee increases for use of Municipal Swimming Pool as proposed. . Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle g) On motion of Councilman Griffin, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 5144 (1983 Series), a resolution of the Council of the City San Luis Obispo approving a consultant agreement for B.I.A. advertising services with Tom Jones as amended. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 11 8. FINAL PASSAGE OF ORDINANCE NO. 984 - CONDOMINIUM CONVERSION Council held a public hearing to consider the final passage of Ordinance No. 984, an ordinance revising city regulations governing residential condominium projects (continued from 6/7/83): Toby Ross that this allow the On motion the final Community Development Director, stated that staff was recommending item be continued to the July 5, 1983 council meeting in order to City Attorney's office additional time to review the ordinance. of Councilman Griffin, seconded by Councilman Dunin, to continue passage of the Condominium Conversion Ordinance to July 5, 1983. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 9. TREE COMMITTEE APPEAL Council considered an appeal by Gerald Shusta of a Tree Committee decision regarding tree pruning requirement at 98 Palomar Drive. Dave Romero, Public Works Director, revie, that Mr. Shusta was processing a building corner of Palomar and Serrano Drive. The trees which staff had requested be safety building permit. Mr. Shusta appealed the which denied his petition. wed Mr. Shusta's appeal and stated permit request for a lot at the frontage contained two large pruned as a condition of the decision to the Tree Committee, Mayor Billig stated that she and Councilwoman Dovey had been out to the subject property and noticed that the adjacent property had several eucalyptus trees that were more in need of pruning than Mr. Shusta's. They were concerned that each property owner be treated equitably and that because the house next door had been there longer and the property owner was not requesting a building permit; therefore, should not exempt it from the pruning requirements. Gerald Shusta, 1535 10th Street Baywood Park, stated that the trees were not on an approved street tree list. He did not feel that the property owner should be responsible for trees that are not located on the property. He said that this was extremely expensive, it would probably cost in the neighborhood of $1200. He felt that when the City adopted the Tree Ordinance, its intent was to provide some trees for the City. The City and the neighbors across the street though are the ones that are benefitting from the trees at that location. He felt that as it was Council's action to save the trees initially they should also be required to maintain them. Upon question by Councilman Dunin, Mr. Shusta stated that he had originally been willing to remove the trees and that had been his original request to the ARC that he remove the trees. However, at this time he would not be willing, as the ARC had already given its approval subject to the trees remaining. His primary reason for wanting to remove them was that the solar possibilities were doubtful as half of the.property is in the shade for at least half of the day. ' Councilman Griffin suggested splitting the cost with the city and the applicant with staff to review the policy and come back at a later date. Councilwoman Dovey stated that she would feel more comfortable that the requirement be removed from the building permit. Councilman Dunin stated that he would not be in favor of changing the ordinance to mitigate this problem. After discussion, it was moved by Councilwoman Dovey, seconded by Councilman Griffin, that this item be continued to the July 19, 1983, council meeting City Council Minutes Tuesday, June 21, 1983 - 7:00 p.m. Page 12 with additional report by staff on alternatives, including what constitutes emergency needs, the situation of the trees next door, the cost of trimming, etc. Motion carried on the following roll call'vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle 10. OFFSHORE DRILLING Council considered a resolution requesting a moratorium be placed on offshore oil drilling in sensitive areas of the outer continental shelf. Geoff Grote, Acting City Attorney, reviewed the council agenda report (file #1105) and, per Council directions, felt that the resolution would support the concept of a moratorium on offshore drilling and endorse three bills currently in the U.S. Congress placing the moratorium into effect. In addition the resolution encouraged the addition of nine tracts south of the Santa Maria River to the moratorium. Those tracts were not currently included in any of the three bills. After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Griffin, the following resolution be introduced: Resolution No. 5145 (1983 Series), a resolution of the Council of the City of San Luis Obispo supporting bipartisan legislation in the Congress of the United States which places a moratorium on offshore oil drilling on the outer continental shelf. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle C O M M U N I C A T I O N S C -1 Council reviewed the State Crime Victim Service Program and would get back with the Mayor as to individual Council support. C -2 After brief discussion, Council concurred with giving the Senior Home Share grant of $8000 conceptual approval. Staff to bring back the necessary documentation for Council review at the time the other HRC grants documenta- tion is ready (4 -0 -1). 9:30 p.m. City Council convened in closed session. _ 10:30 p.m. City Council reconvened, Councilman Settle absent. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 10:30 p.m.-to Friday, July 1, 1983, at 12:00 noon. APPROVED BY COUNCIL: 9/20/83 r 1 77 I �J