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HomeMy WebLinkAbout03/20/1979M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 20, 1979 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Roll Call rn""ri1man PRESENT: Ron Dunin,. Jeff.. Jorgensen, Allen.Settle.and.Mayor Kenneth.Schwartz ABSENT: Steve.Petterson City Staff PRESENT: Leland Walton, City Administrative Officer; J.H..Fitzpatrick, City Clerk; George Thacher, City Attorney.; Henry Engen, Community Development Director;. Ken Bruce; Associate Planner; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Jim Stockton, Parks & Recreation Director; Roger Neuman, Police Chief; Dave Romero, Public.'Services Director. A. On motion-of Councilman Jorgensen ,.;seconded.by..Councilman Settle, -the following appointments were.made to the Architectural Review Commission: Name Term Expires Thomas A. Priest 6/30/81 Christina Orr - Cahall .6/30/81 Randy Dettmer 6/30/79 The condition of.these appointments.is that if .the membership of.the commission is changed to.five members, then the last-two members would be dropped at that time. Motion carried on..the.following roll call vote: AYES: Councilmen--Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: _Councilman Petterson 1. At this time the City Council.held.a public hearing to consider the extension of Ordinance.No. 771,.4n interim-ordinance of the City of San Luis Obispo extending urgency Ordinance..No. 771 related to the-amendment to the Municipal Code:.to. require a.use permit..for C -H (service - commercial) uses allowed in the'M and M/R (manufacturing) districts in the City of San Luis Obispo'for an.additional twelve month period. Henry Engen, Community Development Director, stated the City Council to continue the urgency provisions staff and Planning Commission were.still- studying a standards and regulations for C -H uses in the M and stated that under state.law, the ordinance could.be of an additional twelve months. Mayor Schwartz declared-the public hearing open. that they were asking ..of the.ordinance as the ?propriate permanent M/R zones. He further extended for a period No one.appeared before the City Council for or against the extension of the urgency ordinance. Mayor Schwartz..declared.the public hearing closed.. On motion of:Councilman Settle, second_ ed. by.. CouncilmanCouncilman '.Jorgensen,,.the following ordinance was introduced-and passed: Ordinance No. 802=(1979 Series), an interim ordinance of the City of-San Luis Obispo extending ;urgency Ordinance City Council Minutes March 20, 1979 - 7:00 P.M. Page 2 No. 771 related to the amendment to the Municipal Code to require a use permit for C -H (service- commercial) uses allowed in the M and M/R (manufacturing) districts in the City of San Luis Obispo for an.additional twelve month period. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin and Mayor Schwartz ' NOES: None ABSENT: Councilman Petterson 2. At this time the City Council held a public hearing on the recom- mendation of the Planning Commission to.rezone property at 1353 Royal Way from R -2 (medium density residential) to R -2 -PD (medium density residential, planned development) and also consideration of a preliminary development plan to construct 35 single - family, attached and detached units on 3.42 acres, S.E.B. Inc., applicant. Ken Bruce, associate planner, presented the recommendation of the Planning Commission recommending approval of the preliminary development plan and rezoning from R -2 to R -2 -PD. The development would be a planned development condominium with each unit on its own lot. A tentative tract map would have to be approved at a later date. The Planning Commission recommended that the City Council approve the preliminary development plan subject to the condi- tions and rezoning of the property. Stanley Bell, developer, stated that the current local need for affordable housing far outstrips available housing on the market, particularly in the realm of least cost housing where speculative buying for immediate resale or rental purposes had often driven these units out of the buying market that it was intended to serve. Not only are there too few least cost housing ' units being produced but those that were built were not delivered to the consumer at least cost prices. He stated that in an attempt to solve this problem, he has set out a financing program which made the following guarantees: 1. The buyer must be income qualified. This guarantees that the proposed housing will be distributed to the buyer group in need. 2. The buyer must sign an owner occupant affidavit, certifying that for four years, this will be his principal place of residence. This is the mechanism which controls speculation and rentals. 3. A preferential interest rate is provided, based on the above two conditions, further enhancing the unit's affordability. He continued by stating that he has recently arranged for such a financing program which would-be used on the proposed Royal Way Planned Development. If the buyer decides to rent the unit out after purchase, the financing agency automatically rewrites the mortgage at full market rate, making it an expensive rental and, therefore, an undesirable procedure. Finally, he stated that the development approach taken with the Royal Way project has, from the outset, been based on providing housing for the least cost market and guaranteeing owner occupancy in order to accomplish delivery directly to the least cost buyer. ' Mayor Schwartz declared the public hearing open. J. Norris, adjacent property owner, appeared before the City Council and stated that he was in general support of the development but that he wished he could have been notified when this matter was discussed before the Planning Commission so that he could have made some input at that time. He appreciated the City Clerk sending the notice for this hearing, but he felt it was too late to make comments. Upon question by Councilman Jorgensen, Stanley Bell stated that the reduced interest rate on these buildings ran to approximately �4 percent, with no income over $20,000 involved. City Council Minutes March 20, 1979 - 7:00 P.M. Page 3 Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle,_ seconded by Councilman Jorgensen, the following ordinance was introduced: Ordinance No. 803 (1979 Series), an ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 1353 Royal Way from R -2 to R -2 planned development, subject to 14 conditions. Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 3. At this time the City Council.held a public hearing on the Capital Improvement Program for the fiscal year 1979/1980. Leland Walton, City Administrative Officer, reviewed the 1979/80 C.I.P. process to date for the City Council which was now before them for their consideration and review of the format, procedures, etc. He concluded his comments by stating that to date, no input had been received from the Planning Commission or the Citizens' Advisory Committee on the 1979/1980 C.I.P. Mayor Schwartz declared the No one spoke for or against Mayor Schwartz declared the The City Council then held including suggested changes March 19, 1979. public hearing open on the C.I.P. projects or prioritization in the C.I.P. public hearing closed. 3 general discussion on the acceptance of the C.I.P. by Mayor Schwartz of format, see letter dated On motion of Mayor Schwartz, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3596 (1979 Series), a resolution of the Council of the City of San Luis Obispo adopting a Capital Improvement Program for the fiscal year 1978/1979 and following years. Passed and adopted on the following roll call vote: AYES: Mayor Schwartz, Councilmen Settle, Dunin and Jorgensen NOES: None ABSENT: Councilman Petterson 4. At this time the City Council. considered the final passage of Ordinance No. 800 (1979 Series), an ordinance of the City of San Luis Obispo amending the official zone map (to rezone property at 3301 Broad Street) from R -2 -S to R -2 -PD. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage of the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, Ordinance No. 800 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 1 1 1 City Council Minutes March 20, 1979 Page 4 5. At this time the. City Council' considered the final passage of Ordinance No. 801.(1979 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city (to rezone property at 100 Madonna Road) from A /C -20 to C -T -S. Mayor Schwartz declared the public hearing open. ' No one appeared for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Mayor Schwartz, Ordinance No. 801 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilman Settle, Mayor Schwartz, Councilmen Jorgensen and Dunin NOES: None ABSENT: Councilman Petterson 6. A petition regarding a noise compalint in the 1700 block of Osos Street continued from March 5, 1979. Shevon Len, 1724 Osos Street, submitted a petition on behalf of 28 neighbors asking the City Council to mitigate the problems of the Alpha Epsilon fraternity residing at 1700 Osos Street. They asked that the fraternity be removed for the following reasons: inadequate parking, destruction of _ property, rude and obnoxious behavior and general discord with the neighbors. They also feel that they do not have a residency permit for such a use and they should be removed. ' The Old Town Neighborhood Association submitted a letter supporting the petition of Shevon Len and her. neighbors asking that the fraternity at 1700 Osos Street be removed for the following reasons: 1. The use is incompatible with the surrounding residential area which consists primarily of single family homes, duplexes and small scale apartments, 2. The use has caused considerable deterioration to the quality of life in the Osos -Leff Street area, 3. The structure has not been continuously.occupied as either a boarding house or fraternity and is, therefore, illegal; 4. If the use is considered legal, the use permit should be revoked based on the number of violations recorded by neighbors and .the Police Dept., 5. The issuance of a use permit for a group occupancy in an R -3 area should be considered on the basis of compatibility with existing development, rather than with uses allowed under the zoning classification; 6. Consideration should be given to rezone the Osos -Leff area from R -3 to R -2, which would more accurately reflect the single family and low density apartment character of the area; 7. Off -site parking to allow more intensive use of a property should be considered.only under special circumstances and only in business areas; and 8. A revocation or other hearing to terminate this use should be held as soon as possible in order to protect the neighborhood. Roger L. Neuman, Chief of Police, submitted the following report dealing with the fraternity at 1700 Osos Street: He stated that the problem is basically the same one generated in most complaints against fraternities - NOISE! In this case, the general complaints are noise, swearing, and loud music. The violations are covered both by local ordinance and the penal code. They could, at council direction, increase their service to that location as conditions permit. Increased enforcement should be reasonable and be based upon specific complaints and in line with.previously submitted policy on noise violation enforcement. Unfortunately, the fraternity City Council Minutes March 20, 1979 - 7:00 P.M. Page 5 leadership had not been sympathetic to neighborhood concerns and had not exercised a viable form.of responsibility by attempting to correct the "Animal House" image they had previously .portrayed. They have forwarded copies of the petition to Mr. Randy Donant, Activities Planning Center at the University, and he was most interested in using whatever sanctions were necessary to reduce neighborhood concern to an acceptable level. The Police Chief made the following recommendations: 1. Seek immediate compliance with appropriate zoning code enforcement provisions; 2. Authorize continued police response to complaints concerning noise and other violations and maintain reasonable enforcement actions as previously adopted; and 3. Initiate inter - fraternity council action if- further neighborhood complaints were received by the police and then seek immediate probationary status for the fraternity if the violations continue. Henry Engen, Community Development Director, stated that this problem had been before the Community Development Department starting January 1, 1979 and that the matter had been referred to the City Attorney for action relative to the zoning violation. He then submitted a chronological order of commun- ications between the fraternity, its representatives and this department. He continued that as of this writing they have neither appealed the city's conten- tion that they are a fraternity (and therefore are in violation of the zoning ordinance which requires use permit) nor had they applied for a use permit to attempt to become a legal conforming use. Arthur Shaw, representing the Alpha Epsilon Pi Fraternity, stated that there are two separate matters involved in the occupancy from-the city's point of view, and he discussed them as follows: 1 1. The house at 1700 Osos Street was purchased by a private corporation , for boarding house use for approxima.tely.one -third of the members o.f the fraternity. He stated the house has long been used as .a boarding house, and such use had been recognized by the city as a valid nonconform- ing use in the R -3 zone. He said it was not now, and had never been, the intention of the owners of the property to permit any use which would change the boarding house status of said.property. In fact, until the Planning Department contacted the attorney in late January, 1979, the owners were unaware that the city believed that a fraternity house usage was inconsistent or incompatible with established boarding.house usage. He continued that a.letter from the city's zoning enforcement staff indi- cated the distinction was as follows: "In addition to serving as a residence, a fraternity serves as a center for meetings and parties for resident and non - resident members, their guests, and occasionally the general public." Although they did not necessarily agree with the claimed distinction, the owners of the property desired to maintain good relations with the city and have taken steps to meet the city's objections. 1. The members of the fraternity have adopted a resolution which removes all regular scheduled meetings of the fraternity from the boarding house to the Cal Poly campus. 2. The resident members of the fraternity have agreed that there will be no gatherings at the boarding house open to members of the general public. 3. The resident members of the fraternity have agreed that the total number of.guests and residents at any gatering in the boarding house shall not at any time exceed the number of persons authorized in the four living and family rooms by the fire and building codes. He then referred to the petition signed by the neighbors on February 19, 1979 which mentions inadequate parking and residency permit. The attorney felt it was obvious that the signers of the petition were upset by public nuisance type behavior which they believed to come from fraternity members residing at this address. He stated the seriousness of the charges have been discussed with the residents of the boarding house and they have exerted every effort to be good neighbors ever since then. 1 City Council Minutes March 20, 1979 - 7:00 P.M. Page 6 He continued that it was his understanding that there had been no problems since February 19_ Further, the residents have talked to several persons who signed the petition, and so far the residents of all but two houses contacted have said they will not object further if the behavior of the residents remains as it has in the past. In summary,-Art Shaw stated that approximately one -third of the Alpha Epsilon ' Pi fraternity members live in the boarding house at 1700 Osos Street. There will be no .regular fraternity meetings at said house, there will be no events to which the members of the general public were invited, and the use by guests and residents of the living areas would be limited to the number of persons authorized by the code. All of this is consistent with boarding house use. Public nuisance complaints agasint the residents appear to have been resolved, and the residents intend to be good neighbors hereafter. Mayor Schwartz declared the public hearing open. Shevon Len, 1724 Osos Street, again briefed his letter and petition opposing to allowing the permit for this use as the tenants in there were vulgar, obscene, and just poor neighbors. Martin Chevlaier, 1716 Osos Street, also opposed the granting of any permit to these people and he supported the petition and comments made by Shevon Len. Sarah Beauchand, 1703 Osos Street, supported the complaints against the fraternity at 1700 Osos Street. She said that they were obscene, drunk, roudy, and were just a detriment to the neighborhood. She was opposed to the use of this property by this group or any similar group. Mr. Russell Bunge submitted a letter to the City Council opposing the use of this property by the fraternity as he said that they have had several parties consisting of 100 or more people. Parking is a problem. Cars were parked ' on the public sidewalk. At least 20 people were living in this house which was designed for 10. He said there have been occurences where the fraternity members have gone.about the neighborhood tipping over trash containers, etc. Finally, he said they use frequent shoutings of vulgar oaths, usually in the form of a solicitation to neighbors to perform fellatio. He felt this must stop and they must be removed from the property. Richard Zimmer, 1703 Osos Street, submitted a petition signed by 15 residents of the area stating that the fraternity at 1700 Osos Street have caused fear and hostility to this once cooperative neighborhood. Their extremely loud, obscene and abusive language and behavior on weekends was unacceptable. They asked that this fraternity be eliminated from the area and not granted any permits. Bobbie Rey, manager at 1703 Osos Street -, again reviewed the problems at 1700 Osos Street of the fraternity and urged that no permits be granted to these animals due to the way that they live-and operate in the neighborhood. Peg Pinard, Old Town Neighborhood Association, again reviewed the comments in her letter and urged the council to note that the people opposed were not old people, but that many were young people who live in the area with their families. She felt the council should review what has happened and see that these people were upset by the desecration of the neighborhood by these wild fraternity members. She also stated that the reason the city has received no calls or complaints the last couple weeks, was because the people were so frus- trated due to the several months of neglect and lack of enforcement by the city agencies to protect the neighborhood. Art Shaw again appeared before.the City Council urging that the council allow the boarding house use to continue and place the fraternity under strict rules of conduct. Mayor Schwartz closed the public hearing. Upon question, City Attorney George Thacher stated that there was no question that a boarding house use and a fraternity use were not synonymous and the courts have found this different in many, many instances. City Council Minutes March 20, 1979 - 7:00 P.M. Page 7 Councilman Jorgensen felt that the fraternity should comply with the law, apply for a use permit, and live by the conditions. He did not feel that the fraternity use was compatible with a boarding house use. He felt the city staff should take action to have the fraternity comply and cooperate with this use permit. Councilman Settle agreed with Councilman Jorgensen's comments and felt that this fraternity had broken down the neighborhood's peace and quiet. He felt ' the fraternity should comply with the law, get a use permit, and try to live with the conditions as established. Councilman Dunin felt the fraternity should get a use permit so that the neighbors would have time to review the conditions placed on the fraternity at the use permit hearing. Without a use permit, he felt this was an illegal use and should be taken to court or removed from the premises. He felt the fraternity was completely out of control and disturbed the neighborhood. He would support the need for the fraternity to get a use permit or step down. Mayor Schwartz stated that this was a perfect example of zoning problems, which in order to accommodate all types of living styles, had to be compatible with the neighborhood. He did not feel that the fraternity use was a compatible use of a boarding house. He felt the uses and operations were entirely diff- erent. He felt that if the fraternity wanted to continue at this location, they must apply for a use permit without promise of approval or denial depending upon what conditions were established at the public hearing. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the city staff be directed to see that the fraternity and property owner immediately comply with the zoning ordinance, either through application of a use permit or removing themselves from the property. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz ' NOES: None ABSENT: Councilman Petterson On motion of Councilman Jorgensen, seconded by Councilman Settle, that the city staff seek immediate compliance with appropriate zoning code enforce- ment provisions, authorize continued police response to complaints concerning noise and other violations and maintain a reasonable enforcement action as previously adopted, and initiate inter- fraternity council action if further neighborhood complaints were received by the police and then seek immediate probationary status for the fraternity if violations continued. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 7. The City Council again reviewed a'proposal by.the Police Department Fire Department and the Finance Department for consolidation and acquisition of a computer for use by the three departments. ' On motion of Councilman Jorgensen, seconded by Councilman Settle, the recom- mendation of the city staff was approved as submitted and they were authorized to proceed with the acquisition of the mini computer. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson City Council Minutes March 20, 1979 - 7:00 P.M. Page 8 On motion of Councilman Jorgensen,__seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3797 (1979 Series), a resolution of the Council of the City of San Luis Obispo increasing the 'revenue sharing fund appropriation for the 1978/79 fiscal year by adding account no. (40) 30- 4061 -744, Consolidated Police /Fire Communication Center, $35,000. Passed and adopted on.the following roll call vote: ' AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 8. Henry Engen., on behalf.of Glen Matteson, planning assistant, submitted the Housing Element discussion guide for the council's consideration. As directed, following the last hearing on the Housing Element, the guide sum- marized all issues which had been raised by public testimony and correspondence during the hearings on the element and giving staff recommendations based on the final evaluation of all that had been presented. He recommended that the attached report be used by the council for final action on the draft housing element. On motion of Councilman Settle, seconded by Councilman Dunin, the matter was continued to April 17, 1979, for consideration by the -new elected City Council. Motion carried on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ' ABSENT: Councilman Petterson 8:50 p.m. Mayor Schwartz declared a recess. 9:05 p.m., the City Council reconvened with Councilman Petterson absent. 9. Mayor Schwartz offered the City of San Luis Obispo, as a gift from the Mary Jane Duval Trust, an arbor which had been designed for the lower terrace of the Mission Plaza. Mayor Schwartz stepped down from his seat to make the presentation as a private citizen. He stated the idea for the gift came from observing the Mission Plaza over the past several years and identifying the need for some type of shade - giving shelter over a portion of the paved part of the Plaza. He continued that the proposed design was developed by the efforts of Mr. Wesley Ward, Professor of Architecture at Cal Poly and a long -time member of the City's Design Review Board. As the Design Review Board had a key responsibility in advising the City Council on matters dealing with the Mission Plaza, Mr. Ward developed this project with a clear understanding of the many factors involved. The actual design was accomplished by Richard Rich, an architectural student. He continued that in order to be assured of community acceptance of this design, a model was constructed which was displayed at the proposed site ' in the Mission Plaza during the 1978 Old Fashioned Fourth of July Celebra- tion. Public response was solicited which showed that the design was acceptable to 73% of local residents 83% of out -of- county visitors. The proposal had been submitted to both the Design Review Board and the Park and Recreation Commission and both groups had approved the project with minor qualifications. The Mayor stated he chose not to submit the proposal during the period of the recent campaign in order that a decision by the council could be made without any political overtones. Mayor Schwartz concluded his presentation by stating that working drawings were essentially complete but did require engineering verification. Also, City Council Minutes March 20, 1979 - 7:00 P.M. Page 9 it would be.necessary.to develop specifications and bidding documents con- forming to city standards. He felt.this could be.done.by the city in two man -day's time, which.the Duval Trust would be willing to compensate he city for this time.. He hoped the City Council would accept this proposal as a gift, it was a gift which responded to the intent of Miss Duval who bequeathed her estate to the improvement of the Mission Plaza area. He felt it was a gift which filled a need in the Plaza and should make the Plaza more useful and attractive. He hoped that if the council accepted the gift, the work could be expedited so that the arbor might be completed before July 4, 1979. , He offered to work with appropriate staff to accomplish this in that length of time. On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the City Council accept the proposal, as presented, accept the design, and direct the city staff to prepare the necessary bidding documentation and.plan review for the project. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Dunin and Settle NOES: None ABSENT: Councilman.Petterson and Mayor Schwartz Mayor Schwartz returned to the meeting and took his place as presiding officer. 10. John Rosenthal, 452 Higuera Street, appeared before the City Council discussing the-lack of control by the city on.the transportation of nuclear and radioactive material through the City of San Luis Obispo. He stated that the present federal and state law, or lack of laws, and the lack of laws in cities and communities to ban the transportation of radioactive materials through their city limits were nonexistent. He feels this had come about because there was a serious void in safety regulations concerning these extremely ' hazardous materials. He stated that the materials in question were commercial nuclear shipments, not medical or defense related. He then reviewed the materials such as fresh fuel, low level wastes, high level wastes, etc. He then reviewed the types of shipment., number of shipments, the potential number of accidents, the federal agency regulations, and how the City Council should protect the community through restrictive legislation through emergency response plans, etc. He urged that the City Council adopt a strong ordinance to prohibit the transportation of nuclear and radioactive material through the City of San Luis Obispo. Mayor Schwartz declared the hearing open to the public. Frank Canann stated he was in support of the.ordinance to prohibit transporta- tion of radioactive materials through the City of San Luis Obispo. Debra Callahan supported the ordinance as she felt that nuclear and radioactive material were exempt from the homeowners policies, and if a disaster occurred, it would mean no pay -off to the property owners. _Bruce Bortland, resident of Los Osos, supported a strong ordinance prohibiting the transportation of nuclear material through the city. His primary worry was fear of a nuclear terrorist capturing shipments and holding San Luis Obispo for ransom. Bob Wolfe.supported a strong ordinance prohibiting transportation of nuclear waste through the city. He said the city needs to protect itself and its citizens. He felt the biggest danger was from transportation, not at the power plant itself. Meg Simmons, Morro Bay, supported a strong ordinance prohibiting the transpor- tation of nuclear material through the city. She felt the transportation of nuclear waste was dangerous. Greg Campbell supported a strong ordinance prohibiting the transporation of radioactive materials through the city. He felt the federal and state regu- lations were inadequate and did not protect the citizens of the community. 1 City Council Minutes March 20, 1979 - 7:00 p.m. Page 10 David Broadwater, of Atascadero, supported a strong ordinance prohibiting the transportation of nuclear waste, not only through the City of San Luis Obispo but any radioactive material in the county. He felt that Diablo was dangerous to the entire city and county. Margaret Stone, San Luis Obispo, supported a strong ordinance prohibiting the transportation of radioactive materials through the city. She also agreed that the danger came not only from the material itself, but from the hijacking by terrorists. Matt Blinkley, San Luis Obispo, supported the ordinance, felt the feder govern- ment did not have control over nuclear waste and its transportation. He also urged no transportation of radioactive material within the city at all. Tom Goddard supported the ordinance and felt safety should be.the first consid- eration of the city, not the commercial development of energy and power. Win Comak supported an ordinance which would prohibit the transportation of radioactive materials through the city. He felt strong rules are needed and are needed now. Jim Lewis supported the adoption of an ordinance hoping the council would adopt a strong ordinance to prohibit any transportation of radioactive materials in the city. Sandy Downy, Morro Bay, supported adoption of the ordinance and feared the transportation of radioactive material in the county. Dr. Charles.Fishman stated he supported some type of control of radioactive material and waste. He felt some sort of control should be made of radioactive waste throughout the country. Helen Carr, See Canyon Road, supported adoption of an ordinance controlling ' radioactive material. Mike Carver supported a strong ordinance prohibiting transportation of waste and nuclear materials through the community. Kenneth Hamilton supported adoption of a strong ordinance prohibiting the transportation of radioactive materials through the city. He felt that all levels of government were derelict in their duties in not controlling radio- active wastes and-power plants. Dr. Mark Shelton supported adoption of a strong ordinance which would protect all the residents of the county. Sam Richards supported a strong ordinance prohibiting transportation of radioactive material in the city. He felt that if transportation was not controlled, it would be a detriment to the citizens. Vic Montgomery felt the city should control the transportation of all types of explosives and hazardous materials, not only radioactive material. Mr. Rathconselos supported the ordinance, felt concern for the citizens of the city was first. Janet C. Davis supported a strong ordinance .prohibiting - transportation of ' radioactive material. Mark Elliott supported a strong ordinance prohibiting the transportation and shipment of radioactive material and waste through the city. He felt that every shipment of radioactive waste should be publicized so that everyone would know. when the shipments were being made. Judy Ann Nelson supported adoption of an ordinance. Janet Barrows supported adoption of an ordinance-against transportation of radioactive material. Mayor Schwartz declared the public hearing closed. City Council Minutes March 20, 1979 - 7:00 P.M. Page 11 Councilman Jorgensen stated that it was incredible that there are no controls over the transportation of radioactive material and waste in the country. He supported adoption of an ordinance to prohibit radioactive waste being driven through the city at all. Councilman Settle also did not feel that sufficient attempts.had been given to development of controls to transportation of radioactive waste in the city. He would refer this proposal to the City Attorney to see if it can be legally ' adopted by a city and enforced in light of federal laws. He would support some sort of symbolic ordinance to control radioactive material. Councilman Dunin felt the problem was not just radioactive waste, he was worried about all types of hazardous material traveling through the city. He felt the City Attorney.should look into legality of the city adopting such an ordinance to prohibit transportation of radioactive material through the city. He felt the City Council should discover if there are legal grounds before making such a motion. Mayor Schwartz felt the information had.been well presented and that the City Council should have the staff look into the overall problem of transportation of hazardous material, including radioactive waste. He felt the city could then have a staff report for a public hearing. Councilman Jorgensen moved that the City Council resolve to prohibit nuclear waste from being transported within the City of San Luis Obispo. Motion lost for lack of a second. On motion of Councilman Jorgensen, seconded by Councilman Settle, resolve that the council go on record supporting the regulation of and local control over the transportation of hazardous and nuclear material through the City of San Luis Obispo. Passed and adopted on the following roll call vote: , AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson On motion of Mayor Schwartz, seconded by Councilman Jorgensen, that the staff be directed to research the proposed ordinance and set for a council public hearing at which time the merits of the ordinance would be completely aired with staff recommendations: Motion carried on the following roll call vote: AYES: Mayor Schwartz, Councilmen Jorgensen, Dunin and Settle NOES: None ABSENT: Councilman Petterson 11. Communication from Clint Milne, Deputy County Engineer, regarding tentative subscriptions to the California.Water Project after the effects of the bond issue election in Santa Barbara County. Mr. Milne submitted substantial background information on estimated costs, I etc. of the participants in the county district. Mayor Schwartz stated that he had reached the conclusion that the coastal aqueduct of the State Water Project was for all intents and purposes a dead issue for both the city and county of San Luis Obispo. He stated that the report given to the County Water Advisory Committee on March 14 was quite pointed. He continued that the Santa Barbara County Supervisors took the election as a mandate against the importation of supplemental water. He further stated that the board had directed a subcommittee of the board to begin negotiations to dispose of Santa Barbara County's entitlement in the State Project in the most advantageous fashion. Mayor Schwartz stated that City Council Minutes March 20, 1979 - 7:00 P.M. Page 12 this obviously meant that Santa Barbara County meant to rid themselves of their annual cost to support incremental facilities already built as well as to recoup some of their past expenditures if possible. Mayor Schwartz continued that as the council knew, he had been supportive of the City's position to deal with the State Project first on the issue of supplemental water. He felt the city's position had been predicated on costs which showed that the State Project would be slightly more advantageous to San Luis Obispo than_ water from Nacimiento. After the election in Santa Barbara, this was no longer the case. Further, the withdrawal of several San Luis Obispo County communities, obviously tips costs in favor of Nacimiento if supplemental water was to be received. Mayor Schwartz recommended that the City Council should advise the San Luis Obispo County Board of Supervisors to follow the direction now being taken by the Santa Barbara County Board, either in cooperation or individually to try and recoup the loses in continuing to pay for the State Water Plan. Further, he felt the City Council should look to the Nacimiento Project for supplemental water if they so desire. After discussion by the City Council, it was moved by Mayor Schwartz, seconded by Councilman Settle, that a letter be prepared to the Board of Supervisors stating that the City of San Luis Obispo now sees no prospect of proceeding with the State Water Plan and urge the Board of Supervisors to join with Santa Barbara County Board and dispose of the state entitlement of this county to the best advantage of the taxpayers of San Luis Obispo County. Motion carried on.the following roll call vote: AYES: Mayor Schwartz,.Councilmen Settle,.Dunin and Jorgensen NOES: None IABSENT: Councilman Petterson 12. Communication from Charles Fruit, President of La Fiesta, requesting city participation to hang approximately 20 banners in the downtown area advertising the Fiesta for 1979. He also requested approval to set up a small carnival ride program in the parking lot adjacent to Santa Rosa Park. Lee Walton, City Administrative Officer, stated he could see no objection to the city cooperating in puting up the 20 banners for the Fiesta, but he did object to the use of Santa Rosa Park for the carnival. He felt the damage to the parking lot and to the adjacent park area would be extremely expensive. He also stated he did not see why the Fiesta did not go back to the Veteran's Building for their carnival. Charles Fruit stated that if the council did not approve the Santa Rosa park- ing lot area, then they would go back to the Veteran's Building if the council had no objections. On motion of Councilman Settle, seconded by Councilman Jorgensen, that 1) the city would place the banners on the 20+ poles for-the 1979 Fiesta, and 2) deny the use of Santa Rosa Park for the carnival. Motion carried on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 13. Communication from Donald D. Stilwell, County Administrator, requesting consideration of a proposal to-merge the Library Administration function into the City Library on Morro Street. On motion of Councilman Jorgensen, seconded by Councilman Settle, the matter was continued to April 17, 1979. City Council Minutes March 20, 1979 - 7:00 P.M. Page 13 14. Council consideration of an ordinance amending the Architectural Review Commission Membership from seven to five members was continued for the new council's consideration, on motion of Mayor Schwartz, seconded by Councilman.Jorgensen. Motion carried on the following roll call vote: AYES: Mayor Schwartz, Councilmen.Jorgensen, Dunin and Settle NOES: None ABSENT: Councilman Petterson 15. Consideration of an ordinance amending Part 1 of Chapter 4 of Article II of the San Luis Obispo Municipal Code to modify provisions pertaining to the establishment, membership and duites of the Planning Commission, was continued for the new council's consideration on motion of Councilman Jorgens seconded by Councilman Settle. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 16. The City Council considered plans and specifications for the CATHODIC PROTECTION AT THE WATER TREATMENT.PLANT NO. 2, City Plan No. C -26, bid estimate $13,000 plus 13 percent contingencies for a total of $14,690. On motion of Councilman Settle, seconded by Councilman Dunin, the City Council approved the plans and specifications and the staff was authorized to call for I bids. Motion carried on the following roll.call vote: AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson CONSENT ITEMS C -A On motion of Councilman Settle, seconded by Councilman Dunin, claims against the city for the month of March, 1979, were ordered paid subject to the approval of the Administrative Officer. Motion carried. C -1 On motion of Mayor Schwartz, seconded by Councilman Settle, the following resolution was introduced: Resolution. No. 3799, (1979 Series), a resolution to place a Mayor and Councilperson salary increase measure on the next election ballot for consideration by the voters of the city. Passed on the following roll call vote: AYES: Mayor Schwartz, Councilmen Settle, Dunin and Jorgensen NOES: None , ABSENT: Councilman Petterson C. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced.:. :Resolution No. 3800 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and SIDES for landscape architect services. City Council Minutes March 20, 1979 - 7:00 P.M. Page 14 Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin., Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -2B. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3801 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Environmental Resources (Gerety -Loh) for landscape architect services. Passed anad adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman'Petterson C -2C. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3802 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Ted Elder Associates for landscape architect services. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz ' NOES: None ABSENT: Councilman Petterson C -3. On motion of Councilman Set.tle,_ seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3803 (1979 Series ), a resolution of the Council of the City of San Luis Obispo authorizing the Community Development Director to execute "agreements for conditions of use of accessory structures" on behalf of the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C-4. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3804 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map SLO -78 -216 located 972 Santa Rosa and 1108 Monterey Street. Passed and adopted on the following roll call vote: ' AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -5. At this time the City Council considered action to grant approval to a tentative map for Minor Subdivision No. 79 -10, a four unit residential condominium located at 763 Morro Street in an R -4 zone; Jonathan Lindenthaler, subdivider. City Council Minutes March 20, 1939 Page 15 Henry Engen stated that the subdivider is requesting approval of a tentative parcel map to create a 4 -unit residential air -space condominium at the south- west corner of Morro and Peach Streets. He continued that the Planning Com- mission unanimously recommends the City Council adopt the resolution approving the tentative parcel map subject to certain findings, exceptions, and conditions. After presenting the findings, exceptions, and conditions, the City Council discussed primarily exception no. 1 "Exception is hereby granted to grade 100 percent of the site, whereas the grading ordinance allows only 60 percent to be graded." The City Council discussed with Henry Engen the fact that the Planning Commission and planning staff had approved an exception to the grading ordinance which they did not completely agree with or did not feel was proper. Further discussion was.held whether there was any way that exceptions -could be granted in the grading ordinance. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3805 (1979 Series), a resolution of the Council of the City of San Luis Ob.ispo granting approval of Tentative Minor Subdivision No. 79 -10, located at 763 -Morro Street. Passed and adotped on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson Also, on motion of Councilman Jorgensen, seconded by Councilman Settle, that no further exceptions would be made or allowed by the council to the grading ordinance without specific reasons and authority for so doing. Also, they ' wished a report submitted to the council on the exception that was granted to Minor Subdivision No. 79 -10. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -6. Wayne Peterson, City Engineer, presented the Hydraulic Design Criteria amendment. He stated that the present design criteria adopted by the city in 1973, following the floods, call for all drainage structures to handle a 100 -year design storm and was adopted by the the City Council in 1973 in a panic under a highly emotional situation without a clear understanding as to its impact on the community. As a result of this design standard being imposed, the city would actually allow more flooding in downstream areas than if the city had followed the old criteria. He then reviewed the elements of drainage design, which he stated was not an exact science, but was used on predictions of probable storms. He stated that the present standards were too severe and would actually add to the problems rather than to clear them up. Therefore, he recommended that the City Council allow the staff to revise the design criteria to a more practical criteria. , On motion of Councilman Settle, seconded by Councilman Dunin, the City Council accepted the recommendations of the City Engineer and authorized him to proceed with amendments to the Hydraulic Design Criteria of the city. Motion carried. C -7. Robert Mote, Utility Engineer, submitted, for the council's consideratiion, water improvements to be paid for out of the $20,000 Quarterly Program, third quarter priority listing. Three projects were listed; the number one priority being to the Swazey Street 8" and 4" Mains south of Osos. Street, with an estimated cost of $16,500.00. He recommended that the City Council approve the Swazey Street Water Line Project in order to improve not only the domestic water supply, but fire protection as well in the area. 1 1 City Council Minutes March 20, 1979 - 7:00 P.M. Page 16 On motion of Councilman Settle, seconded by Councilman Dunin, the staff recom- mendation was approved and the staff was authorized to proceed with the Swazey Street Water Line Project. C -8. On motion of Councilman Settle, seconded by Councilman Dunin, the recommendation from the Promotional - Coordinating Committee to grant $300 to the San Luis Obispo Senior High School for students attending the 1979 Presidential Classroom for Young Americans in Washington D.C. was approved. C4 : On motion of Councilman Settle, seconded by Councilman Dunin, the following claims against the city were denied: A. Claim against the city by Lee A. Brazil in the amount of $499.60 to repalce a burned out water pump allegedly caused when the city emptied a watertank. B. Claim against the city by Norma Jean Hess in an unspecified amount for injuries sustained when she slipped on a city sidewalk. C. Claim against the city by -David Cheney in an unspecified amount for injuries sustained when his-right foot was caught in a sprinkler hole in front of City Hall. D. Claim against the city by Shirley Weitkum in the amount of $250,000 for injuries sustained when she tripped and fell over a sidewalk defect. BID ITEMS B -1. The City Clerk reported that only one bid had been received for a COMPACT SEDAN FOR THE FIRE DEPARTMENT, bids were opened on Wednesday, March 14, 1979. Kimball Motor Company $49317.80 Post Office Box 1380 1423 Calle Joaquin San Luis Obispo, CA 93406 On motion of Councilman Settle, seconded by Councilman Jorgensen, that the bid of Kimball Motor Company be accepted and a purchase order be issued for the purchase of the vehicle. Motion carried. B -2. The City Clerk reported on the following bids received for the WATER FILTRATION PLANT NO. 2 IMPROVEMENT PROJECT, City Plan No. B -09, bids opened on Tuesday, March 20, 1979, at 10:00 a.m. Engineer's estimate $259,000 plus $52,925. for engineering-fees and contingencies, total $312,425.00. Charles Pratt Construction P.O. Box 1295 San Luis Obispo, CA 93406 Baker Corporation P.O. Box 419 Arroyo Grande, CA Conco Engineering P.O. Box 511 San Luis Obispo, CA 93420 93406 R. Burke Corporation P.O. Box 957 San Luis Obispo, CA 93406 Alternate 1 $257,600.00 $282,100.00 $306,250.00 $308,700.00 Alternate 2 $2249600.00 $241,100.00 $260,750.00 $290,450.00 D.F. Romero, Public Services Director, recommended that the low bid of Charles Pratt Construction Company for Alternate 1 in-the amount of $257,600 be accepted. City Council Minutes March 20, 1979 - 7:00 P.M. Page 17 On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3806 (1979 Series), a resolution awarding contract to Charles Pratt Construction. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilman Petterson There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting to 7:30 p.m., March 27, 1979, for the.City Council to conclude the deliberations on the Donald W. Pratt appeal hearing. APPROVED BY COUNCIL MAY 1, 1979 1e%s Fitzpatrick, City Clerk 1 C1