HomeMy WebLinkAbout03/04/1980City Council Minutes
March 4, 1980 - 4:00 p.m.
Page 1
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 4, 1980 - 4:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
IPledge
Roll Call
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and
Mayor Lynn R. Cooper
Absent: None
City Staff:
Present: Lee Walton, Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community
Development Director; Richard Minor, Fire Chief; Jim Stockton,
Director of Parks & Recreation; Roger Neuman, Police Chief;
D.F. Romero, Public Services Director
1. Mayor Cooper presented a Certification of Appreciation to Jon Ecklund
for 12 years service to the City of San Luis Obispo upon his retirement.
' 2. On motion of Councilman Jorgensen, seconded by Councilman Bond, Joe
Kasparowitz was appointed to the Human Relations Commission to fill unexpired
term to end June 30, 1982. Motion carried.
3. Skip Neville and Chris
Architectural Construction, pro
of a bus shelter along the Osos
proposal that they would do the
supply the material. They then
$3,000 for material.
Gatley, two Cal Poly students majoring in
.3osed, as a student project, the construction
Street frontage of City Hall. It was their
work _and the City of San Luis Obispo would
showed some sketches and an estimated cost of
Councilman Dunin felt it was a commendable project, it was a nice project
for the students for the city and he would support the project but he was
opposed to the suggested bulletin boards within the structure.
Councilwoman Billig felt it was a nice project and she would support this
cooperative project between the city and the students at Cal Poly. She too
was a bit concerned about bus congestion.
Councilman Jorgensen felt this was a good project, was a valuable contribution,
but he also questioned the bus congestion on Osos Street and possibly a future
change to the terminal for the transferring of passengers. He would support
the project.
' Councilman Bond stated he too would support the project.
Mayor Cooper stated he too would support the project, felt it was a good proposa
on behalf of the students.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, to approve
the project in concept but refer to the Design Review Board for review and to
the Attorney for preparation of an agreement. Motion carried, all ayes.
City Council Minutes
March 4, 1980 - 4:00 p.m.
Page 2
4.A On motion of Councilman Jorgensen, seconded by Mayor Cooper, the
following resolution.was introduced: Resolution No. 4110 (1980 Series), a
resolution of the Council of the City of San Luis Obispo establishing a fixed
formula for city contributions on oversized sewer and water lines.
Passed and adopted on the following roll call vote:
AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and
Dunin
NOES: None
ABSENT: None
4.B On motion of Councilman Jorgensen, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4111 (1980 Series), a
resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and McCarthy Tank & Steel to complete the
installation of a water main and fire hydrant located at 313 South Street,
San Luis Obispo.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
5. Council consideration of a proposed Housing Authority Site Ordinance
regarding affordable housing needs.
Stephen R. Nelson, Housing Authority Chairman, appeared before the Council
and stated that last November, the City Council referred the proposed Housin
Authority Site Ordinance to their group for further refinement. The ordinance,
which was an outgrowth of the City's Housing Element, was intended to be a part
of an initial effort to adjust the city's needs for affordable housing. He
stated he was pleased to report to the Council that the Housing Authority had
completed their study and had returned the enclosed below market rate housing
ordinance for their consideration. He continued that the below market rate
housing ordinance intended to address the affordable housing needs of households
with incomes ranging up to $19,300 annually. He said the ordinance addressed
three basic housing issues of: 1) maintain housing production levels which
were responsive to both rental and home ownership fees; 2) providing affordable
rental housing opportunities for households with annual incomes of less than
$12,900 and providing affordable home ownership opportunities for households
with annual incomes ranging from $13,000 to $19,300. He felt that these basic
issues must be addressed if the city were to make any progress in solving the
housing problem. He concluded by saying the proposed ordinance addressed this
very complex issue. He believed its implementation would give our city a
handle on the housing problems. Therefore, he asked the Council to give the
ordinance the basic concepts to the issues it addresses full consideration.
He then submitted a lengthy document entitled "Below Market Rate Ordinance"
and comments by the Housing Authority on the various sections.
Rich Chubon, Executive Director of the Housing Authority, spoke in support
of the Housing Authority's recommended below market rate ordinance. He felt I
that the Housing Authority had done a great deal of study and felt that this
was the right approach for the city to follow.
Councilman Dunin asked Rich Chubon to clarify some of the housing proposals
in the sections of the ordinance dealing with the B.M.R.
Russ Johnson spoke in opposition to the proposed Housing Authority's Below
Market Rental Ordinance. He felt it was a socialistic program which was
unfair to the citizens, both whom they expected to serve and also those who
they would be expected to pay.
City Council Minutes
March 4, 1980 - 4:00 p.m.
Page 3
On motion of Councilwoman Billig, seconded by Councilman Jorgensen, the matter
was referred to the city staff for review, study and recommendation and then
set for a future study session. Motion carried, all ayes.
6. The City Council considered a recommendation from the Planning Commiss:
for General Plan conformity decision for the proposed County Courthouse Complex
' Henry Engen, Community Development Director, presented the recommendations of
the Planning Commission which stated that the Government Code required the
planning agency of the city to prepare a general plan conformity report when
County facilities were proposed for development. The Commission considered
this subject at their meeting of February 13, 1980 and they were making their
recommendation to the Council for transmittal to the County.
After consideration of the various staff report material and responses to
questions by city and staff, the Planning Commission adopted the following
report:
1) The proposed expansion of court and administrative facilities on the
Courthouse block is in conformance with the City's General Plan and intern
retail use is acceptable.
2) It would be preferable if there was vertical expansion of floor space to
the third floor.
3) Proposals for parking on the Sierra Datsun half of the block are in conflict
with the goals on the core area, i.e., retail outlets of suitable size
preferable. The commission would prefer parking expansion on the Shell
Station location across Santa Rosa.
4) Onsite circulation, that is ingress and egress issues, need to be care-
fully addressed.
' 5) There will be a ripple effect of parking conjestion caused by leasing
of the city property at the corner of Osos and Palm. There will be a
dislocation of persons presently parking on this property; some of whom
are required by use permit to obtain such parking.
The City Council discussed the recommenation of the Planning Commission and
review with the staff their considerations of the proposal.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, to approve
the recommendation of the Planning Commission and five conditions as amended as
follows:
3) Proposals for permanent parking or parking structures on the Sierra Datsun
half of the block are in conflict with the goals on the core area, i.e.
retail outlets of suitable size preferable. The Council would prefer
parking expansion on the Shell Station location across Santa Rosa or at
some other suitable location.
6) Avoid condemnation if possible to solve short -term parking problem.
Motion carried, all ayes.
7. D.F. Romero, Public Services Director, presented for the Council's
consideration the final map of Tract No. 781, "Exposition Park, Unit III ".
He stated that all conditions had been met or bonded for. Improvement bonds
totaling $625,800 which included allowances for inflation and contingencies
were on file. The Community Development Director had approved the grading plan
as required by the resolution granting approval of the tentative map. He state(
that the final map could be approved and have the Mayor authorized to execute
the subdivision agreement. He stated for the Council's consideration, Conditioi
No. 2 of the subdivision agreement required the developer to submit $15,000 to
pay city costs to maintain landscaping within the portion of the subdivision
being dedicated for park purposes. However, the condition provided for refundii
the $15,000 to the developer if the City choses not to include the installation
of turf and irrigation system in the 1980 -1981 CIP.
City Council Minutes
March 4, 1980 - 4:00 p.m.
Page 4
The Public Services Department recommended that the agreement remain as
stated allowing refund of the landscaping fee of $15,000 if turf and
irrigation facilities are not funded by the city. The Community Development
Department recommended that the agreement be altered to allow use of the
$15,000 landscaping and maintenance fee for landscaping with low maintenance,
drought- resistant planting approved by the city if the city did not fund
turf and irrigation in the 1980 -1981 CIP. '
Rob Strong, representing the developer, objected to the conditions of the
city for bonding the subdivision agreement for an inflation factor of 33%.
He felt that the cost of development in this city was high enough without
adding 33% to this bonding issue. He supported the Public Services Director's
recommendation for the $15,000 to be used for maintenance of the turf and
irrigation facilities and if not placed by the city then be refunded to the
developer. He also objected to a special condition in the subdivision agree-
ment which stated that the public improvements required for this development
were not completed within the time allotted by this agreement, "No occupancy
shall be granted for completed'structures nor shall new building permits be
issued for structures within the subdivision." He felt this was unfair as
they would attempt to get the project done in the 18 months allowed. Concensus
of council was to approve condition on landscaping fee as recommended by
the Public Services Department.
On motion of Mayor Cooper, seconded by Councilman Bond, the following resolution
was introduced: Resolution No. 4112, (1980 Series), a resolution of the Council
of the City of San Luis Obispo granting approval of the final map of
Tract 781, located at South Street near Katy Street with conditions as
presented by the City Council.
Passed and adopted on the following roll call vote:
AYES: Mayor Cooper, Councilmembers Bond, Billig, Dunin and I
Jorgensen
NOES: None
ABSENT: None
8. California Crime Watch Resolution
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4113, (1980 Series), a resolution of
the Council of the City of San Luis Obispo endorsing and supporting the
California Crime Watch and Attorney General's plan to restore public safety
in the 80's.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
9. Alarm Control Ordinance
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
ordinance was introduced: Ordinance No. 844 (1980 Series), an ordinance of t.,
City of San Luis Obispo adding Chapter 7, Title 9, Sections 6700, 6700.11 to
the San Luis Obispo Municipal Code to regulate Security and Fire Alarm Systems,
businesses, agents and users.
Introduced and passed to print on the following roll call vote:
City Council.Minutes
March 4', 1980 - 4:00 p.m.
Page 5
AYES_: Councilmembers. Jorgensen,.:Bond.i Billig,. Dunin and. Mayor Cooper
NOES: None
ABSENT.: None
10. The City Council considered a request from.the Mayor of the -City of
.Tibouron urgining financial.support.from . the.city to help fight their appeal
on the U:S. Supreme Court decision regarding the award of monetary damages
against public_ entities to property owners -claiming that land use regulations
deprived them of.the use of.their property.
.On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the
City-to deny the request from the City of Tibouron and the-City Administrative
Officer request information from the League on the League's position on this
case and that the City:Clerk notify the City of Tibouron of the Council's actio
Motion carried, Councilman Dunin.voting no.
11. On motion of.Councilman Bond,.seconded by Councilman.Jorgensen,
that the plans and specifications: for . "MILL.STREET /CALIFORNIA.BLVD. TO
GROVE STREET WATERLINE ", City Plan.No. D -48, bid estimate $26.,800.including
contingencies be approved and that the staff be authorized to call for bids.
Motion carried, all ayes.
CONSENT ITEMS
C -1. On.motion_.of Councilman.Jorgensen, seconded -by .Councilman Dunin,. .
claims agaiast.the..city for the month.of March, 1980 were ordered paid subject
to the approval of the Administrative Officer. Motion carried.
C -2. On motion ..of.Councilman.Jorgensen, seconded.by Councilman Dunin,
minutes of the City Council meetings of..February 2, 1980 - 4:00 p.m. and
7:30.p.m. were approved as amended. Motion carried..
C -3. On motion.of Councilman Jorgensen, seconded by Councilman-Dunin,
the contract pay estimates and change orders were approved and ordered paid.
Motion carried.
C -4. On motion of.Councilman Jorgensen, seconded by Councilman Dunin,.the
following ordinance was introduced: Ordinance No. 845 (1980 Series), an
ordinance of the City of.San Luis Obispo to amend the contract between.the
Board of..Administration.of the California Public Employees-Retirement System
and the City to.provide..for. one-year final. compensat ion. for police officers.
Introduced and-passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen;.Dunin., Billig, Bond and Mayor Cooper
NOES:. None ..
ABSENT: None
C -5. On motion-of Councilman. Jorgensen,_. seconded ..b.y....Councilman.Dunin,.the.
following resolution was introduced: Resolution:.No...4114 (1980 Series)., a
resolution of the Council of the City of San Luis Obispo accepting the public
storm drain system within the Laguna Lake Mobile Home Estates expansion.
Passed and adopted on the following roll.call vote:
AYES: Councilmembers Jorgensen, Dunin., Billig, Bond'and Mayor Cooper
NOES: None
ABSENT: None
C -6 On- motion of Councilman Jorgensen, seconded by Councilman Dunin, the
recommendation of the City's'Plann rig'Commission to the 1980 -1981 CIP was
continued to the Council Study Session on the CIP. Motion carried.
City Council Minutes
March 4, 1980 - 4:00 p.m.
Page 6
C -7. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the
annual report of the curator for the San Luis Obispo County Historical Museum
was ordered received and filed with many thanks. Motion carried.
There being no further business to come before the City Council, Mayor Cooper
adjourned the meeting to 7:30 p.m., March 4, 1980.
COUNCIL APPROVED MINUTES: 4/15/80 1 1
. Fitzpatrick, City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 4, 1980 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Pledge
Invocation by Chaplain Stan McGuire, California Men's Colony
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin., Jeff Jorgensen and
Mayor Lynn R. Cooper
Absent: None
City Staff I
Present: Lee Walton, Administrative Officer;. George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community
Development Director; Roger Neuman, Police Chief; D.F. Romero,
Public Services Director
12. The City Council held a public hearing to consider an appeal of a
Planning Commission decision to deny a request for general plan amendment to
rezone property at 1126, 1134 and 1144 Mill Street from medium density to
residential (R -2) to office use (PO); Roy H. Adcock, appellant.
Henry Engen, Community Development Director, stated that the applicant had
requested a General Plan amendment to the Planning Commission to change the
land use designation of three residential lots across the street from the
Recreation Center on Mill Street from residential to office. The Planning
Commission on a 6 -1 vote denied the request for the following reasons:
1) The present boundary between land use designations on the General Plan
map coincided with the boundary between PO and R -2 zones between Peach
and Mill;
2) Expansion of the area designated for office use was inconsistent with
the intent of the general plan, particularly the Housing Element and
Plan Use Element;
3) Expansion of the office area would not improve the separation or buffering
between potentially incompatible land uses or between residential areas in
major streets;
4) Expansion of the office area would invite and set a precedent for further
expansion of the office area at the expense of the area designated for
medium density residential uses.
Henry Engen recommended that the City Council uphold the Planning Commission
denial and reject the appeal.
City.Council Minutes
March 4, 1980 27:30 p.m.
Page 2
Mayor Cooper declared .the public hearing open.
Roy Adcock, architect, appeared.before the City Council asking that this
matter be continued to the April 1, 1980 meeting as the property owner was
exploring other alternatives to-the requested use.
Councilman Jorgensen stated he.was.opposed to continuing. He felt the.appeal
from the Planning Commission - decision should.be decided at this time -and that
all the information :had been.presented.by Mr. Adcock at the Planning Commission
level. It was his feeling the City Council should proceed with the hearing and
not continue it for an additional month.
Councilwoman Billig questioned..the need for.continuation of the_public hearing.
She felt the property owner had received a fair hearing before the Planning
:Commission, that the decision had been explained and the matter should not be
withdrawn by the appellant.
Councilman Jorgensen urged.the.City Council.to make.a decision at this meeting
and he felt.that.Adcock. had presented any arguments for the record and he should
present now for the City Council.
Councilman Dunin felt that the.privilege_ should.be granted to allow continuation
of the hearing.
On motion.of Councilman Dunin.that the.request of Adcock be accepted and that
the public hearing be continued to April 1, 1980. Motion lost for lack of a
second.
Cduneilmari Bond stated he saw. no justification for. the appeal.
Roy Adcock again appeared before the City Council to continue his appeal to
April.l, 1980. He felt he needed-more time to study the effect his program
would have on -the housing market in the city.
Mayor Cooper.stated.he would..continue the.public hearing.until later on
this evening in order to give Mr. Adcock an .opportunity to talk to the
.principals involved.
13. The City Council_.held_a.public..hearing to consider . an - appeal.from
Charles.Cook from a decision of.the City Engineer to_.require..compliance with
the City's.Flood.Ordinance.to raise..the finished floor elevation 171' plus
1'_ for.flood clearance for remodeling of a. residential.building.
D.F. Romero, Public _- Services.Director,.stated that.he.had reviewed this matter
and decision with the City Engineer and felt it was really a technical violation of the ordinance and that only.less than a foot was involved and that it would
be extremely expensive for the property owner to comply. He recommended that
the City Council uphold the appeal.
Charles Cook, 331 Pismo.Street,.appeared before the City Council.on behalf of
his appeal-to llow his.building..to be remodeled when.the floor elevation was
171.23' and it---should-be 172.
George Thacher, City Attorney, reviewed with the City Council, the variance
_procedure of the Municipal Code under Section.9813 dealing with appeals and
Council's action on such appeals.
On motion of.Councilman Jorgensen, seconded..by.Councilman Bond, the.following
resolution was introduced:. Resolution No. 4116 (1980 Series).,. a resolution
of the City Council of the City of San Luis Obispo granting an.appeal_ requesting
a variance from.a.requirement of.the City's Flood Damage Prevention Regulations.
The Council found that: l)-all had shown good and sufficient cause for the
granting of a variance as requested; and 2) failure to grant the variance as
requested would result in exceptional hardship to the owner; and 3) granting
of the variance-.as requested would not result in increased flood heights, addi-
tional threats_to_ public safety or..extraordinary'public expense.. It would not
create nuisances, cause fraud on or victimization of the public, cause any
environmental impact that cannot be mitigated or conflicts with existing local
laws or ordinances. The appeal requesting the variance was approved.
Passed and adopted on the following roll call vote:
City Council Minutes
March 4, 1980 - 7:30 p.m.
Page 3
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
14. The City Council held a public hearing to hear a Planning Commissio'
recommendation to approve the tentative map for Tract No. 886, a new 13 -unit
residential air -space condominium, located at 626 Broad Street, R -4 zone,
M.P. Limited, subdivider.
Henry Engen, Community Development Director, presented the recommendation of
the Planning Commission stating that the developer was requesting approval of
the tenative map to create a 13 -unit residential air -space condominium on the
northeast side of Broad Street adjacent to D.S. 101 Highway. The Planning
Commission recommended that the Council adopt the tentative map granting approval
for Tract No. 886 with a negative declaration on an environmental impact and
subject to findings and conditions listed. He wished the Council to look
particularly at Condition No. 12 and 13 which might be controversial. Condition
12 reads: "Subdivider shall install 2.5 on -site parking spaces per unit. All
spaces shall comply with city standards except as authorized per Variance V0831 ".
13 reads: "A temporary waiver of sidewalk installation is hereby granted subject
to the subdivider signing a covenant agreement stating that sidewalk improvements
shall be installed within 30 days after notice by the City Engineer.
Mayor Cooper declared the public hearing open.
Whisenant of Merriam, Deasy & Whisenant, appeared before the Council
stating that they had accepted all conditions of the Planning Commission for
development of Tract 886. He was there to be available to the Council if they
had any questions.
Mayor Cooper declared the public hearing closed.
Councilman Dunin stated he saw no problem with the project and would support.
Councilwoman Billig stated she saw no problem with the project so long as circu-
lation and parking were taken care of.
Councilman Jorgensen stated he too would support the project. He felt it was
a good job fitting buildings within the zoning designation although he worried
about the entrance to the project facing the off -ramp from the freeway.
Councilman Bond stated he too would support the development and recommended
approval.
On motion of Councilman Bond, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4115 (1980 Series), a resolution
of the Council of the City of San Luis Obispo granting approval of tentative
map for Tract No. 886 located at 626 North Broad Street, M.P. Limited, subdivider.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Jorgensen. and Mayor Cooper
NOES: None '
ABSENT: None
The City Council now returned to Item 12, an appeal of a Planning Commission
decision to deny request for General Plan amendment to rezone property at 1126,
1134 and 1144 Mill Street from medium density residential (R -2) to office use
(PO); Roy H. Adcock, applicant.
Henry Engen again reviewed the Planning Commission's action on this denial.
CIty Council Minutes
March 4, 1980 - 7:30 p.m.
Page 4
8:15 p.m...Councilman.Dunin left.the..meeting due to a possible conflict of
interest. - Mayor Cooper declared the public hearing open.
Roy.H. Adcock appeared before the City.Council,and stated.that he wished to
have to his appeal withdrawn at this time.
Mayor Cooper declared the public hearing closed.
There being no further business..on.thig.matter, Councilman Dunin returned to
the Council meeting at 8:18 p.m..
15. The City Council considered.the.'final passage.of.Ordinance No. 842,
an ordinance of_the_City,of.San Luis Obispo amending Section 4501 in the
Municipal.Code.to.expand. the definition of Bingo..
Mayor Cooper declared the public hearing .open. No one..appeared_before_the
.City Council for or against.the.amendment.: Mayor Cooper declared the public
hearing closed.. .
On motion of-Councilman-Jorgensen, seconded.by Councilman.Bond, Ordinance
No. 842 was introduced for final passage.
Finally passed on the following..ro11 call vote.
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin. and Mayor Cooper
NOES:. .None
ABSENT: None
16. The City Council.considered.the final passage. of Ordinance No. 843
(1980 Series),.an ordinance to•rezone property at the north side.of Haskin
Avenue at Leona from.R -1 -SP. to.R -1 -S;- City -of San..Luis Obispo,.applicant.
Mayor Cooper declared the public hearing open. No one appeared before the
City Council:for.or against the proposed rezoning. Mayor Cooper-declared the
public hearing closed.
On motion of.Councilman.Jorgensen, seconded...by..Councilwoman Billig,_.Ordinance
No. 843 was introduced for final passage. Finally passed on.the- following
roll call vote:
AYES: Councilmembers Jorgensen, Billig,.Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
17. Pigeon- Control Program
Geoff Grote,.Assistant.City Attorney, again.reviewed. his report._of.November 2,
1979, an- analysis of pigeon.related..problems in San.Luis- .Obispo -and a.review
of control alternatives. He reviewed the existing problem.of pigeons in the
community, not only.as a nuisance problem but the. disease transmission - problem
with their.droppings. He again reviewed for the City Council various methods
.to eliminate.or reduce the pigeon population either through.poison, guns or
trapping.' Exclusion of..pigeons by.removing their nesting sites or a possible
alternative would be sterilization by chemical. He felt that after review with
various pigeon fanciers, the.Agri,cultural Department a.t Cal Poly and other
people, he felt that.the.chemica1 sterilants,.a chemical.called.Ornitrol,
that would render .a percentage of.the birds sterile. The Ornitrol is admin-
istered through feed set out for the pigeons and due-to the fact that the
sterilant.is placed in whole kernel corn, it does.not effect other types
of birds or- animals.. After lengthy study, it was his recommendation that
-the City Council.consider.the . use.'of chemical sterilants to control the
pigeon population in San Luis Obispo.
City Council Minutes
March 4, 1980 - 7:30 p.m.
Page 5
The City Council received a letter from Avitrol Corporation, who makes the
chemical sterilant Ornitrol stating that the the idea of a falcon consuming
enough pigeons to affect its reproduction was a very remote possibility.
The amount of the active ingredient was tailored to a pigeon's metabolism
and the pigeons must feed on the treated bait for ten consecutive days twice
a year.
The Council also received a letter from the Downtown Business Improvement
Area urging the City Council to adopt the recommended program of Mr. Grote
in order to include the other birds in downtown causing it to be dirty and
unhealthy conditions in the downtown area.
The Council received a communication from the County Department of Facility
Services supporting the City's actions in attempting to control the pigeon
population in San Luis Obispo. The County continued that they had experienced
numerous problems and expenses involving pigeons in the downtown facilities.
The County in the past had attempted on its own to eliminate this program but
they found that they were very ineffective and that they pledged to assist
the city when applicable and affordable including the sacks of corn for placing
the sterilant.
Communication from the Department of Agriculture stating that the use of
Ornitrol under a closely supervised and monitored program as proposed by the
city should be as safe, effective, economical program and does not represent
a hazard to the future of the Peregrine Falcon. The effectiveness of any
management program was dependent upon application of multiple techniques and
interagency cooperation. With coordinated efforts between Cal Poly, the
City and County, final outcome of the project should be a greatly reduced
health hazard to the citizens of San Luis Obispo.
The City received a petition from the residents of the Anderson Community
Center asking the Council to consider the approval of substantial elimin-
ation of the pigeon population in downtown San Luis Obispo. Not only had '
this become an annoying situation but they felt it was also a health hazard.
Pigeons had entered apartments in the residence, dropping were falling on
the people and the only outside access area to the community dining room
and kitchen was constantly in need of maintenance. To keep it from becoming
a health rish, as well as a safety problem, they urged the Council to proceed
with the program. The petition was signed by 35 residents of the community
center.
The City Council received a letter from the Housing Authority, City of San
Luis Obispo, stating that they supported the proposed pigeon control program
under consideration by the Council. They felt the sterilization method of
control appeared to be a reasonable and effective approach to this problem.
They stated that their interest in this issue stemmed from their own past
efforts to deal with the problems created by the pigeons nesting and roosting
habits. Since the remodeling of the Anderson Hotel, pigeons had continued
to present problems for the hotel's commercial business and its sneior citizen
residents.
Arthur Kolet, pigeon fancier, spoke against the proposed City control progam
for pigeons due to the fact that high priced game and sport birds would also
be effected by the drug used to control the pigeon population. He opposed
any type of drugs but would not be too opposed to the sterilization program
although he felt it would not work. He offered the services of his pigeon
fancier club to help the Council control this problem.
Johnson, Biology Instructor at Cal Poly, questioned the secondary '
effects of using any type of drugs on pigeons and then on the animals who
will eat the pigeons. He said the answer to pigeon control was to eliminate
the places where the pigeons nest and when this was done, the population
would be reduced. He also felt that another control measure was to eliminate
the food supply for the pigeons. He said that the sterilization program and
trapping of pigeons would be a failure although it might look good in short
term, it would not effect the long term solution.
City.Council Minutes
March 4,1980 -7:30 p.m.
Page 6
Don Paramaine, Coast Autobon. - .Society, spoke against any control of programs
for pigeons using.any..type of drugs as the pigeons are the main support for
the - Peregrine Falcon,..an.endangered species, who must be protected. He urged
the Council -not to use chemicals.because" the pigeons are food for the falcons.
Howard'Broiah;:Cal Poly School of Agriculture, stated he felt that Cal Poly
was one of.the major.pigeon strongholds-in-the area. He felt that the feral
pigeons were disease carriers for both animals and humans. He felt that
the proposed program was a safe`arid sane approach to'controlling pigeon
population:-- He-felt the best solution was to use Avitrol to try and control
the pigeon population. He-felt-the proposed'pigeoh program was of no danger
to the Peregreine falcon.
Carleton Green, representing- .the.Falconaires, presented his proposal to
the City Council -'to 'trap feral pigeons rather than to'sterilize or to poison
them. He stated he was opposed to-the use of -drugs or chemicals to control
the pigeon population as his group was organized to protect.the Peregreine
falcon which.was their.main interest. He offered to trap 1,000 pigeons for
the city during the.next..three.months at a cost of a dollar per pigeon to
..the city taxpayers. He challenged the.council to hire him to try and clean up
the downtown from the feral pigeons at..approximately $1,000 for three months.
He stated upon question.that:the.trapped pigeons.would be taken to the University
of Santa Cruz while working on..a Peregreine falcon population program.
Councilman.Bond stated.he.would support.a trapping program rather than the
chemical to see if-it.-were effective. .
Mayor Cooper- declared.a recess.at..9:10 p.m. At.9.:20..p.m., the Council recon-
vened- with -all Councilmembers present.
Councilman Jorgensen stated that-he too.would.support . a trapping program for
the.pigeons which he felt would-show the.-fastest. results. He. -felt. the
original plan..was..okay.except that..now.he -felt -with so ... many.unknowns.to
' effect other birds and- .animals,.he..felt the city planned to reenter.into
a contract with Green &•Associates to trap pigeons.this might be.the fastest
way to get .some resul.ts..and.he urged ..the.Council.to approve,.the request and
authorize Mr., Green.to mork with the City-Attorney-to develop a.contract.to
do -the. work.
On motion of Councilman Jorgensen, seconded by Councilman Bond,.to direct
the City Attorney to -work with.Green.& Associates in light -of tonight's
discussions and.ask Cal -Poly to 'continue to work with the city on their
census of pigeons during the three month period of trapping. Motion carried,
all ayes.
18. . Destruction..of City's- Historic Buildings..Program .. ..
Henry Engen,.Community Development Director, reported to the City Council
that over the'past few - months, the.City Council, staff and citizens have
been talking about ways to preserve historic buildings.in- San.Luis.Obispo.
He stated.-that the project that the city staff had been working on. related
in some way-,to-historic .preservation. Three specific projects were discussed:
1) Amendments.to the Demolition.Regulations;
2) Adoption of.the.State Historical Ordinance.Building Code;.and
3) Adoption of.a Historic Conservation District as part of the City's Zoning
Regulations.
' He reviewed the ordinance_to'the City's Demolition Code which would require
a 45 day waiting period.in the time a person.acquires for.a demolition permit
and the time..that certain types of buildings can be torn down. The purpose
of the 45 day waiting period -is to notify the public that a building was to
be torn down and it gives citizens, civic groups or public agency a chance
to.talk.with the property owner other ways of preserving the building. He
urged -that the City Council adopt the ordinance for control in this area.
He then reviewed with the City Council a proposed ordinance which would amend
the City's existing building code to add a section to the Municipal Code
City Council Minutes
March 4, 1980 - 7:30 p.m.
Page 7
entitled "Alternate Building Standards for Historical Buildings ". This code
would be Part 8 of Title 24, California Administrative Code which would apply
to the reconstruction, reconstitution, rehabilitation, renovation, restoration,
repair or alteration of buildings legally designated and historical buil.ings
within the-City of San Luis Obispo. Finally, he recommended that the city
adopt as part of the Zoning Ordinance, a historic preservation district, which
would be the eighth zone as well as the best way of promoting historic and
architectural conservation within the city. He reviewed and outlined the
concepts which would guide the writing of the historic district zoning regu-
lations for the City Council. He felt this was an opportune time to work
on this project as the City Planning Commission was now reviewing a new Zonin
Ordinance for the City Council. He urged the City Council review the outline
of concepts for historic districts, agree upon a general direction and then
instruct the city staff, the planners, City Attorney, Planning Commission and
Architectural Review Commission to review the draft ordinance and make recommend-
ations to the City Council.
On motion of Councilman Billig, seconded-by Councilman Jorgensen, that
the City Council accept the recommendations of the planning staff as far
as the demolition regulations were concerned and the alternate historical
building code and set them for public hearing on April 1, 1980 after
adequate advertising. Motion carried, all ayes.
On motion of Councilman Jorgensen, seconded by Councilman Bond, that the
City Council endorse the concepts of a historical conservation district
in the Zoning Ordinance and direct the A.R.C. and Planning Commission to
review the draft ordinance and make recommendations to the City Council
with a report to the Council within 60 days for the first meeting in May,
1980. Motion carried, all ayes.
19. Progress report from the Citizens' Advisory Committee on Mobile Home
Rental Control was ordered received and filed on motion of Councilman Jorgensen,
seconded by Councilman Bond. Motion carried.
20. Request from Walt Lambert, Chairperson of the Human Relations Co i
asking that the City Council adopt the proposed policy on file confidentialit
on H.R.C. records and that once adopted by the Council that the policy statement
would be read and signed by current HRC members and staff and by all new HRC
members and staff at the commencement of their term of employment.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the matter
was referred to the City Attorney to redraft the rules and regulations for
the HRC and to add access to the files by the City Administrative Officer and
City Attorney. Motion carried, all ayes.
There being no further business to come before the City Council, the meeting
adjourned to Tuesday, March 11, 1980 at 7:00 p.m.
COUNCIL APPROVED MINUTES ON: 4/15/80
J Fitzpatrick, City Clerk
Roll Call
Councilmembers
Guests
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 11, 1980 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Present: Melanie Billig, Alan Bond, Ron Dunin and Mayor Lynn R. Cooper
Absent: None (One Vacancy)
Present: County Supervisor Jeff Jorgensen