HomeMy WebLinkAbout10/18/1983M I N U T E S
REGULAR)MEETING OF THE CLTY'COUNCIL "
CITY OF SAN LUIS'OBISPO
TUESDAY, OCTOBER 18, 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, Robert Griffin, Allen R.'Settle and:Mayor
Melanie C. Billig
Absent: Ron Dunin
City Staff'
Present: Paul Lanspery, Administrative Officer; Roger Picquet, City
Attorney; Pam Voges, City Clerk; Toby Ross, Community
Development'Director; Steve Henderson; HRC Coordinator;'
;Roger• -Neuman,- Police) Chief s "Dave Romero, - Public, Works
.-Director; Mike Dolder.,-Fire Chief
7:10 p.m. Councilman Duniri arrived at the meeting
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C O "N S E N T C A L E N D A R
C -1 COUNCIL MINUTES
On motion of Co'unci•lman Settle, seconded by Councilwoman Dovey, the following
minutes were approved as amended: Wednesday, July 6, 1983 - 6:00 p.m.;
Tuesday, July 19, 1983 - 7:00 p.m.; Tuesday, August 2,1983 - 7:00 p.m.;
Monday, August 8, 1983 - 12:10 p.m.; Friday, August 12, 1983 - 11:30 a.m.;
Monday, August 15, 1983 - 12:00 noon; Monday., August 22, 1983 -- 12- .00.noon;
Tuesday, August 30, 1983 - 11:00 a.m. Motion carried, all ayes.
C -2 STREET RESURFACING AND RECONSTRUCTION PROJECT CHANGE ORDER
On motion of'Councilman Settle, seconded by Coancilwoman Dovey, the change
order with Madonna Construction Company for "Street Resurfacing and Recon-
struction Project; City Plan No. H -31A" in'the amount of $32,540•be approved.
Motion carried, all ayes.
C -3 $25,000 QUARTERLY WATERINE'IMPROVEMENT'PRIORITY LIST
On-motion of Councilman Settle, seconded by Councilwoman Dovey;ithat the
priority'list be approved and the top' rated project, Buena'Vista Waterline,
be ' authorized. 'Motion carried;•all" ayes.
C -4 ACCEPTANCE OF SEWERLINE EASEMENT
On motion of Councilman Settle; seconded by'Councilwoman Dovey, the following
resolution was introduced: Resolution No. 5231 (1983 Series), a resolution
of the Council of the City of San Luis Obispo accepting deeds of easement
from Burt Polin, Frank Truchan and Jerry and Susan Juhl for construction of
sewerline in conjunction with "Sewerline Improvement Project,, Chorro
Easement, Rougeout to Meinecke, City Plan No. E -42."
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and,Mayo; Billig:-
NOES: None
ABSENT: None
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City Council Minutes
Tuesday, October 18, 1983 - 7:00 p.m.
Page 2
C -5' RIDESEARING
On motion of Councilman Settle, seconded by Councilwoman Dovey, to receive
and file the status report on the ridesharing parking permits for year
ending September 1983 and authorize staff to continue the program. Motion
carried, all ayes.
Councilman Dunin stated, that for the record, it should be clear that the
City of San Luis Obispo had participated to a-far greater-extent-than the
County-in this particular program.
C -6 PUBLIC SAFETY HEALTH FITNESS PROGRAM AGREEMENTS
- Council considered resolutions approving agreements between the City and
California Polytechnic State University for facility lease.agreement to
..continue the Public.Safety Health'Fitness Program and a second agreement
with Dr. David Bernhart and Dr. James Webb for medical testing and exams.
On motion of Councilman Settle, seconded by Councilwoman.Dovey, the following
resolution was introduced: Resolution No. 5232•.(1983 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement
between the City and California Polytechnic State University for facility
lease agreement to continue the Public Safety Health Fitness Program.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle; Dovey; Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
On motion of Councilman Settle', seconded by Councilwoman Dovey, the following
resolution was introduced: Resolution No. 5233 (1983 Series), a resolution
ofi th'e. Council•:of the .City of.! San. Luis, Obispo.. approving:.agreements, with
Drs. David Bernhardt and James Webb for medical testing and exams.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
C -11 PROFESSIONAL SERVICES CONTRACT - BECKER & BELL .
On motion of Councilman Settle, seconded by Councilwoman Dovey, the following
resolution was introduced: Resolution No. 5234 (19,83 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement
between the City and Becker and Bell for negotiations and consultant
services in employer /employee relations through December 31, 1984.
Passed and adopted on the following roll call- .vote::
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
..0 -8 TRAFFIC .,WORK :ORDERS.. .,::......
On- motion of Councilman-Settle, seconded by Councilwoman Dovey, the following
resolution was introduced: Resolution No. 5235 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving traffic work orders
for period July 1, 1983 through - September 30, 1983.
Passed and adopted on the-following roll call vote:
City Council Minutes
Tuesday, October 18, 1983 - 7:00 p.m.
Page 3
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
C -9 AGREEMENT WITH SALVATION ARMY
Council - considered a resolution' :approving a grants -in -aid agreement between
the City and the Salvation Army in the amount of $15,000 for emergency
food, fuel and shelter.
Paul Lanspery, Administrative Officer, requested that this item be continued
to the November-15, 1983, council.meeting in'order.to allow staff additional
time to incorporate some suggested.amendments to the:Salvation-Army ; agrreement,
which staff did not have sufficient. time: to- do .piior.:toitonight-'s;:meeting.
:11.,:
On motion of Councilman Settle, seconded by Councilwoman Dovey, to continue
this item to the November 15, 1983, council meeting with additional informa-
tion- by'staff. Motion earned,; all: ayes.-): :J .
A D V I S O R Y B 0 D Y A P P 0 I N T M E N.T
A. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION
Councilman Settle stated that the subcommittee to the ARC (Settle /Dunin)
had reviewed ten applications to the ARC, and were recommending Charles
Crotser be appointed to fill the unexpired term expiring 3/31/85.
On motion of Councilman Settle, seconded by Councilman Dunin, to appoint
Charles Crotser to the ARC to fill the unexpired term expiring 3/31/85.
Motion carried on the following roll call vote: F,
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
P U B L I C H E A R I N G S
1. SIDEWALK REPAIRS
Council held a public hearing to consider a resolution confirming costs for
sidewalk repairs in various areas of the city conducted under-the. 1911.Act.
Dave Romero, Public Works Director, briefly reviewed the council agenda
report (see file no. 533) stating that it was staff':s•recommendation that
after the public testimony Council adopt the resolution to confirm costs
and permitting unpaid costs to be turned over to the tax collector to be
placed as a lien against the property and collected with city taxes. The
Exhibit "A" in front of the Council has been updated and there were but 17
individuals remaining yet to pay.
Mayor Billig declared the public hearing open.
No one spoke for or against the proposed costs. '
Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 5236 (1983 Series), a resolution
of the Council of the City of San Luis Obispo confirming costs-of sidewalks
constructed under the 1911 Act as amended.
Passed and adopted on the - following roll call vote: .
AYES: Councilmembers Dovey, Dunin, Griffin, Settle-and Mayor Billig
City Council Minutes
Tuesday, October 18, 1983 - 7:00 p.m.
Page 4
NOES: None
ABSENT: None
2. TIME EXTENSION FOR TRACT 940
Council held a public hearing to consider a Planning:Commission recommenda-
tion to approve a 12 -month time extension to file final map-for Tract•:940
(Rancho Lobo Estates) creating.a 10 -lot residential subdivision located at
1 1541 Andrews'Street, R -1 =S and C /OS -40 zones;.Anthony Wolfe and Stephen L.
Hansen subdividers. ri
Toby'Ross'. Community Development Director, briefly reviewed the council
agenda report (see file no. 410- 940)'stating it was the Planning Commission's
recommendation"on.a 6 -0 vote to approve the 12 -month time extension subject
to all prev16us.findirigs, variances and conditions of tentative map approval.
Staff also concurred with the recommendation.
Councilman Dunin questioned if Condition #'s 7, 8 and 16 were sufficient,
relating to drainage and fire protection. He was-particularly concerned
with one property owner, Mr. Mueller, that his home would.be protected from
any runoff connected with this development. He wished to be sure that
those people below the development would be protected from flooding with
some kind of a program developed to'protect.the adjacent property owners as
well as those below.
Dave Romero, Public Works Director, stated the proposed development would
be a real advantage to both adjacent property owners as well as those below
the development, as the development plan calls for mitigation efforts that
would actually be reducing the current problems associated with those
properties. It would still remain the city's responsibility to maintain
most of those creeks shown on the map.'.
Mayor-Billig suggested that with regard.to the fire;conditions..that:this
be included in the Fire Department's-annual.check.
Council concurred.:
- ,Councilman Griffin �questionedCondition #6, 'which'states ,in apart that-:the
subdivider prepare =an analysis of the existing offsite drainage facilities.
He requested that the WHEREAS in the resolution state the-reason for-the
request for extension, which is in order to obtain the necessary approvals
and agreements of the subject - plans.
After brief•discussion; it was-suggested that the second sentence be
amended ;to read "Subdivider shall-.improve drainage way between.tract
boundary and Corralitos Avenue:at E1:-Centro Way•.to approval of the..City
Engineer, and shall be required to participate on an equitable.basis in
other offsite drainage improvements under standards and improvements
required at that time:" r
Mayor Billig declared the public hearing open.
Ellery Biathrow, of Western Engineering,.i00:Casa'Street: and representing
the applicant, spoke in support of the project and stated again that the
drainnage- requirements would -help to-alleviate current problems existing for
the adjacent property owners. He felt this was similarly true of the fire
hazards which would also be mitigated by the proposed development.
Mayor Billig declared the public hearing closed.
After brief discussion it:was moved•by Councilman Gtiffin;.;seconded.-by
Councilman Settle, that:the following.resolution be introduced: .Resolution
No. 5237 (1983-Series),.a resolution of the.Council of the City of San Luis
Obispo approving a 12 -month time extension for Tract 940 as amended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
City Council Minutes
Tuesday, October 18,
Page 5
NOES: None
1983 - 7:00 p.m.. _ ..... _.. - .
3. TIME E %TENSION FOR TRACT 998
Council held a public- hearing to.consider a Planning Commission recommenda-
tion to approve i 12 -month time extension to file final map.for Tract 998
(Sierra Alta Village) creating an 80 =unit residential.air -space condominium
located'at 95 Stenner Street; R =4 zone; Don Tuley, subdivider.
Toby Ross, Community Development Director, briefly reviewed the council
agenda :report .(file no. 410- 998).stating that:the Planning Commission had
approved the tentative map on a 6 -0 vote and staff was also recommending
approval subject -to changes to Condition #17.and the addition of Condition
428 with all other-findings, variances and conditions as the previous
tentative map approval to remain as was..
Councilman.Dunin was again concerned that the flood drainage conditions
proposed were in accordance with the-flood drainage program recently-.
adopted by the Council.
Dave.Romero, Public Works Director, responded that it was definitely in
keeping with the program- and•also that he was supportive of'the.open
channel in this particular case.
Councilman Griffin again suggested that the WHEREAS include_a statement or
explanation for the time extension reques.t.
Mayor Billig declared.the public hearing open.
Don Cutter, representing the applicant, stated that Jerry Emery and Don
Tuley were also in the audience and could speak to this matter and that
their primary concern was a condition with regard.to landscaping and Mr.
Emery would speak to that matter.:
Jerry Emery, of Environmental Design, stated that the current condition
requires that no gradings would take place within the dripline of the
trees. He.felt that in some cases grading could be done within the dripline
of the'trees and as long as there was some flexibility in this condition he
could be-supportive of it.
Mayor Billig declared the public hearing closed.
Councilman Griffin suggested that -the Condition #23'be amended to add
additional language to read "There shall be no grading "within the dripline
of the trees except by prior written approval by the'Community Development
Director."
Dave Romero, Public Works Director, agreed that this would not cause any
problems.
Toby Ross, Community Development Director, also stated that he could live
with that condition as amended.
Councilmembers Settle,.Dovey and Mayor Billig felt that the condition.,
should remain as. originally proposed: .
After brief discussion it was moved by Councilman Settle, seconded by
Councilman Griffin, that the following resolution be introduced:' Resolution
No. 5238 (1983 Series), a resolution of the Council of the City of San Luis
Obispo approving a 12 -month time extension for Tract 998 (Sierra Alta
Village) located at 95 Stenner Street.with the-amendments as discussed:
except with Condition.#23 remaining as originally recommended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
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City Council Minutes
Tuesday, October 18,
Page 6
NOES: None
ABSENT: None
1983 - 7:00 p.m.
4. ..SOUTH STREET REZONING (R1112)
NOES:. Vice -Mayor Dunin
ABSENT: Mayor Billig
Council held a public hearing to consider an ordinance rezoning property
located at 265 -285 (odd side of the street) South Street from'(M) Manufactur-
ing-t6-(C-S) Service Commercial; Midland Pacific Building Corp., applicant
(continued from 9 /20/83).
Toby Ross, Community Development Director, reviewed the council.agenda
report (file no. 463) stating that the.Council" had previously reviewed the
rezoning requests and staff had-brought back the ordinance in accordance
with the Council's desires. The.recommended action.was to._introduce the
ordinance 'to print• which' would rezone the property" from (M) to -(C -S) .
Mayor!Billig stepped down in order to avoid a possible conflict of interest.
Vice -Mayor Dunin presiding.
Vice -Mayor Dunin opened the public hearing.
Mike McCarthy, from McCarthy Tank-and Steel and residing at 3030 . "M" Street
in Bakersfield, stated he opposed the rezoning request. His-primary
concern:was that one day the newly zoned property owners would resent the
noise and disturbance created by the previously zoned properties adjacent
to them and wouldn't want that kind of problem created down the line.
Fred Hamlin, 1767 Conejo Avenue, spoke-on behalf of Bailey Bridges. He
stated that he too was opposed to the proposed rezoning. He considered it
spot zoning. The Planning Commission had denied it, and he felt the
Council should support their recommendation.
'
Mr. Grant, 1308 Balboa and owner of Vintage Auto Shop, agreed with Mr.
McCarthy that the uses adjacent to the property requesting rezoning were
extremely noisy'and that they would not.want'to have complaints made.later
as to-their uses. He too felt this was spot.zoning._
T:,Keith Gurnee, 108 Broad Street.and representing the:applicant; again
stated-that-the rezoning did not affect the other property owners. "The
zoning:was consistent.with the..General!Plan, the uses should not be a
problem. The Council had at its last meeting-:agreed to "the rezoning. "and he
would hope that they would support it now.
Vice -Mayor Dunin closed the public hearing.
Upon question by Councilwoman Dovey, Toby .Ross, Community Development
Director, stated that there was no significant S designation here. Three
quarters of the uses allowed in a C -S zone were also allowed in the M and
conversely this was true:• .A furniture 'store; . however,:could':only be
permitted in the C- S.zone.,
Council briefly-discussed the possible added designation of-an "S" designation.
Vice -Mayor Dunin stated that he felt this would be necessary in order to
provide:the needed protection for-the-property owners.
After brief discussion it was moved by Councilman Griffin, seconded by
'
Councilman Settle; the following ordinance be introduced to print: Ordinance
No. 994 (1983 Series), an ordinance amending the Official Zone Map of the
City to rezone property located at 265, 271, 277 and 285 South Street from
M to C -S. "
Introduced.and passed to print on the.following.roll call vote:
AYES: Councilmembers Griffin, Settle and Dovey
NOES:. Vice -Mayor Dunin
ABSENT: Mayor Billig
City Council Minutes
Tuesday, October 18, 1983 - 7:00 p.m.
Page 7
Mayor Billig returned to the meeting.
5. MASSAGE LICENSE ORDINANCE
Council held a public hearing to consider two ordinances, one a moratorium
and one a permanent ordinance for the regulation of licensing of massage
establishments:: .
Roger Neuman, Police. Chief, reviewed the.council agenda report'(file no.
704) and stated that San Luis Obispo had few operating massage therapy
businesses in the city and in the last 5 years only 2 licensed massage
operators had been recorded. This year, however,.7 applications had been
received which prompted the review of the current ordinance and associated
license costs. The.Council had before it 2 ordinances. One•was'an urgency
moratorium prohibiting the licensing.of any additional establishments-or
technicians until a permanent ordinance could be effected. The.Coiincil
also had a permanent ordinance before them for introduction to print which
would establish new regulations for-the-:licensing of..massage establishments.
He stated that late this afternoon an additional letter had been received
from massage therapists that were requesting postponement of this hearing
for the following reasons: 1) Existing ordinance requires that applicants
must present a diploma indicating that applicant has,completed, massage'
instruction and practice, and is certifiable by the State of California.
2) There was no support for the allegation that there was an, immediate°
danger to the-public health, safety or general welfare and no.reported
incidents within the past 5 years of the existing ordinance covering
massage licenses..; 3-).:The.•proposed .ordinance..had. not. been- reviewed..by•:,.
interested community agencies such as.the.Chamber of Ccmmerce;:and 4).the
Council had failed to provide sufficient time to respond to a proposal that
seriously threatened the economic livelihood and professional and personal
integrity of massage.therapists.
Chief Neuman also referenced page 5 -8 of the ordinance showing the.number
of hours required for course study and that could be reduced from 225 hours
to 200 hours: _..
Nina Fosberg, who stated she used to be a masseuse in the City of San Luis
Obispo, felt the ordinance was discriminating and an insult to the many
individuals trying to provide a worthy service to the citizens of San Luis
Obispo. She felt that these therapists were professionals and should be
considered in the same thinking as doctors, chiropractors and other profes-
sional individuals. She would ask for postponement.of. -the ordinance.until
additional review could be made. _ ..
Ms. Paysenick, owner of Positive Strokes, agreed with the previous speaker,
stated that there had been no criminal record by the existing businesses.
Prior to council action on any item before them this evening, sufficient
time should be allotted for additional comments.
Pam Voges, City Clerk, upon question., .,reviewed,:the notification.procedures.
This was the first.reading of the ordinance, and although notification was
not a requirement, notification was sent to all existing businesses and to
those individuals who had applications pending. The final passage of the
,.ordinance was, the.. time.- for.therlegalized. public hearing..:.
Roger Picquet, City Attorney, also clarified that the new ordinance would
only be affecting any new establishments and would not affect existing
businesses, although it would make them non - conforming.
Upon question, Chief Neuman stated that only - those individuals.- rendering
their personal services would be required to be fingerprinted., _'..
Councilwoman Dovey suggested an addition to paragraph 0 of the permanent
ordinance the last sentence to read "Employee includes every owner, partner,
manager; supervisor and worker, whether paid or not, who renders personal
services to the client of any nature in the operation of a massage establish-
ment."
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City Council Minutes
Tuesday, October 18, 1983 — 7:00 p.m.-
Page 8
Estelle Hawley, 1336 Morro Street Apt. B, spoke in opposition 'to the
ordinance. She felt that the costs needed to be looked at more closely.
She felt they were exorbitant and unfair.
Upon question, Chief Neuman stated that it would cost approximately $110 to
$125"to - cover the cost of public safety personnel, which is approximately 3
hour's time and fingerprinting.' Part of these costs though were allocated
to the State or to the Federal government:
Eric Fausberg, 216 South Arena Street Apt. B -3, Arroyo Grande, stated he
too was opposed to the ordinance because he felt that it was giving a
negative connotation to the association.
Jim Marks, of Atascadero, citing the figures that the Chief had stated
earlier, that only 2 people had requested licenses in 5 years but in,.the
last year .7 people had, was a true indication that this service was desirable
and truly needed in the City of San Luis Obispo. He felt that the wording
of the ordinance was damaging to the reputation of the technicians and he
too felt• additional .•input.should.be.made prior.-to any action,taken on the
ordinance.
Steve Hawley, a licensed masseur in the
at 1336 "Morro Street Apt. B',. stated his
He too felt., the masseurs and masseuses
would give a negative effect. He was a
Commerce and when the Chamber reviewed
felt there'was an over react.ion.in this
a continuance. : -
City of San Luis Obispo and living
opposition to the ordinance. .
were given a bad name. The ordinance
current member of the Chamber of
Lt briefly this morning they too
particular. case. He would suggest
Michael Schaeffer, 3104 Prefumo Canyon Road, stated that he had no personal
interest in any of the businesses and was not licensed but felt this
ordinance was showing the semantics between prostitution and massage. He
felt there was absolutely no connection, the people were being slighted,
the ordinance.seemed to be written as to protect a brothel; which he felt
was certainly not the case.
Bo Cooper, owner of the proposed massage school, felt that massage therapists
provided a healing art, and which he felt was the true definition of
massage. He personally had a potential hardship because of the financial
involvement that he had already staked. He had received approval from the
School District, from the Fire Department, the Planning Commission, the
State Licensing Board, and he too would request:a postponement,of.any..
permanent action on this ordinance. 'He was also opposed.to the urgency
ordinance as he felt no emergency existed. The school would provide people
being able to take care of themselves, which he felt was important in this
.community.. .
Leslie Banks, 1180 West Street; Morro Bay, who was not a practitioner but
was interested in taking Mr. Cooper's class, also asked-for postponement
until additional input could be given.
Jack Dwyer, Route 1 Box 1, Squire Canyon and part owner in Leon's Book
Store, was appalled that the Council would even think to reduce the number
of massage therapists in San Luis Obispo because.these people-help to
reduce stress, which we needed more of not less. A side benefit could be a
reduction in crime as a result.
Mario Marenchelli, a former pupil of Bo Cooper, spoke on behalf of Mr.
Cooper, stating that his school had done excellent things for him. He felt
that it was.extremely.important that others be allowed the same opportunity,
and he.too- would'like to:take additional classes.- It-helped people to.
relax, reduced stress, and, as a former.bartender, he has seen other ways
that people try to reduce their stress through drinking: He-felt this was
certainly much better than that.
Kathryn Miller, 550 Pacific Street, San Luis Obispo, and who was one of the
seven applicants who had applied, also felt the ordinance was extremely
restrictive and could not understand why it has taken soilong to get
through the process, as her application has been pending for three months
now.
City Council Minutes
Tuesday, October 18, 1983 - 7:00 p.m..
Page 9
Mary Ann.Vasconcellos felt that it was important that the Council!address
the rationale -for.the urgency legislation. .
Mayor Billig declared the public hearing closed.
Chief Neuman again reiterated it was not the intent to try to prohibit
legitimate businesses. .However, it was his knowledge that those cities
that did not have such an ordinance in place had increased incidences of
crime.
Upon.question.by Councilman Griffin; Roger.Picquet, City Attorney, stated
that the urgency ordinance would.prohibit or preclude.any•licensirig being
given for pending applications.
Councilman Griffin also questioned the rationale of holding up these'.
applications.through the .permit process when they had also received licensing
by the State of California.
Roger Picquet, City Attorney, stated that -it would keep them from becoming
non - conforming permits, provided the Council adopted the ordinance.
Councilman Griffin was also concerned with the tone of the ordinance; it
sounded more like police licensing, rather than business licensing. He
stated he would like to see additional input by the concerned citizens on
the ordinance prior to.introducing it to print.
Mayor Billig agreed that a citizens'group should be put together to-discuss
the ordinance with staff so that additional changes could -come back-if so
warranted, however, she could support both the urgency legislation and the
introduction of the ordinance to print..
Councilwoman Dovey also felt that the urgency ordinance could be effected
immediately, however, she too would rather wait on.the permanent ordinance
until the input had been derived so as to not have to republish the ordinance
in the event there were amendments made.
Councilman Dunin felt that staff had an obligation to bring these kinds of
concerns to the Council and could support -the ordinances. . Although there
was no.assurance .that final-passage-would be made . without additional
alterations,•he.felt it could go as currently recommended.-
Councilman Settle felt that legitimacy and credibility were really what was
being discussed here. He too could support both ordinances.—
on-motion of Councilman Settle, seconded by Councilman Dunin, the following
ordinance be introduced to print in synopsis form: Ordinance No. 995 (1983
Series), an ordinance adding Chapter 9 to Article IV of the San Luis Obispo
Municipal:Code to provide.for•the orderly regulation of massage establishments
and massage technicians as amended this.evening.
Introduced and passed to print in synopsis form on the following roll call
vote:
AYES: -Councilmembers Settle, Duniri' and Mayor-Billig
NOES: Councilmembers Dovey and Griffin
ABSENT: -None .r ,
On motion of Councilwoman Dovey;'seconded by Councilman Settle, the following
interim urgency ordinance was given final passage: Ordinance No. 996 (1983
Series),. an interim urgency ordinance establishing a moratorium on the
licensing of massage establishments, massage technicians and massage..
technician trainees.
Introduced and given final passage on the following roll.call.vote:.
AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig
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City Council Minutes
Tuesday, October 18, 1983 - 7:00 p.m.
Page 10
NOES: Councilman 'Griffin
ABSENT: None
9:40 p.m. Mayor Billig declared a' recess.
10:00 p.m. City Council reconvened, all Councilmembers present.
6. GROWTH MANAGEMENT
Toby Ross, Community Development Director, briefly reviewed the council
agenda report (file no. 466), with the recommended action the Council adopt
the resolution that would exempt Mustang II, a student - housing complex,
from an 18 -month building permit limitation of the Growth Management
Regulations.
Mayor Billig asked for public testimony, none was forthcoming.
Mayor.Billig closed the public- portion.
After brief discussion, it was moved by Councilwoman Dovey, seconded by
Councilman Settle, the following resolution was introduced: Resolution No.
5239-0983 Series), a resolution of the Council of the City of San Luis
Obispo exempting Mustang II from an 18 -month building permit limitation of
the Growth Management Regulations, with amendments as proposed by Councilman
Griffin to read: "WHEREAS, the City Council finds that: 1) It is not
feasible or desirable to construct the project in phases because it consists
of a' single building or integrated group of buildings; and 2) Completion
of the project would not significantly conflict with the long -term objectives
of these regulations, considering recent and anticipated construction
levels. '
Councilman Dunin asked that the record reflect that this-resolution not in
any way be precedent setting for the future. :Council concurred .(5 -0).
COMMU•.N I'CAT IONS'
Councilwoman Dovey stated..that because-of-some questions that have arisen
recently,,she was requesting council concurrence.to request.staff,provide
information and recommendations.for: council consideration in regard to use
of City parks and the dissemination of city funds for services.to the
needy. She also requested that a study session be scheduled for the
Council to discuss these matters and determine policies.
After brief discussion, it was moved by Councilwoman Dovey, seconded by
Councilman Settle, that staff review the use of city parks and the dissemina-
tion of city funds for services to the needy with recommendations to be
considered by Council as soon ;as. practical., Motion carried, all ayes.
10:10 p.m: Mayor Billig adjourned the meeting to Closed Session to discuss
Personnel /litigation matters.
10:45 p.m.-City Council reconvened in Open Session,.all Councilmembers
present.
There being no further business to.come before the City. Council, Mayor
Billig adjourned the meeting at 10:50 p.m. to Monday, October 24, 1983 at
12:00 noon to discuss Personnel Matters in Clpse Session.
i . . a i' r. :.. .:.
Pafela Voges; City JClerk
APPROVED BY COUNCIL: 12/13/83 U