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HomeMy WebLinkAbout07/01/1980City Council July 1, 1980 Page 1 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 19 1980 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Invocation by Reverend Gene Haraldsen, First Assembly of God Roll Call Councilmembers Minutes - 7:30 p.m. Present: Melanie Billig, Ron Dunin, Gerald Munger and Mayor Lynn Cooper Absent: Alan Bond City Staff Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Ken Bruce, Senior Planner; Rudy Muravez, Finance Director; Roger Neuman, Police Chief; D.F. Romero, Public Services Director 1. The City Council..held.a public hearing to consider the City Budget for the fiscal year 1980 -1981. Lee Walton, Administrative Officer, reviewed for the City Council the overall budget prepared by his office and the additions and deductions made by the City Council during several weeks of study on the budget. He reviewed the highlights on personnel,.program and equipment that was being considered in the new budget. He stated that in light of all the economic problems that the city was in good financial condition and that the budget was balanced and he felt was an even and complete program for the taxpayers and residents of the City.of San Luis Obispo. He mentioned two items that had been added by . the City Council: 1) $5,000 item in the water budget for preparation of a water conservation program and 2) $10,000 for a study for energy conservation program and studies.. Mayor Cooper declared the public hearing open. Amanda Bashaw, Youth Corps employee, asked the City Council to-reinstate the Youth Corps Program. She stated this was an-opportunity for her -as one of the young people of San Luis Obispo to get a job where she could save some money for future college and school. Walt Lambert, Chairman of.the Human Relations Commission, presented a prepared statement urging.that..the City Council reinstate the cuts made in staff by reducing their budget by $17,850 for the Human Relations Assistant staff position. He asked in lieu of placing that money in the grants program that he be.held in abeyance so that the H.R.C. staff and Council could again try to emphasize the need-for this..particular position. Gary Deno submitted a prepared..statement supporting the H.R.C. Chairman's comments.for the reinstatement of the.position of Human Relations.Assistant in the H.R.C. office and Sign.Enforcement Officer in the Planning Department. Betty Nelson, Director of.Grandmother's House, spoke in support of-Grandmother's House program in the city, the good work that was done by-this group and the fact that the H.R.C. in this past year had refused to support this activity. City Council Minutes July 1, 1980 - 7:30 p.m. Page 2 She hoped the City Council would take another look at their program and consider funding for the - 1980 -1981 fiscal year. She reviewed the program to the Council and service to the young people of San Luis Obispo. Norman Stone,_ 785 Pepper Street, stated it was his opinion..that the H.R.C. and staff did not serve.the low income and minority citizens of San Luis Obispo. He said that if it were not for the Grass Roots II operation the minorities and the poor.would not be served at all. He hoped that.the City Council would take the staff funding from the H.R.C. and place it in the grant program in order to help the poor and support Grass Roots who were the ones helping the poor and minorities of the community. Maxine Lewis, Director of Grass Roots-II, stated-she supported-additional funds . for social service organizations who actually meet the needs of the low income minority citizens of San Luis Obispo and she urged less money for the H.R.C. and their staff. She urged that funds used for employees be transferred to social service.grants that would serve the people of the city. She felt that the more staff was added the less direct service was allowed and granted to the people. She also felt that adding staff and pouring more money into a need survey was wrong. She felt that problems were.in. the community, talk to the people who live here but not continue to have surveys. She continued that the best use of tax money in the social service field was direct help to the people rather than adding staff. She asked the Council to use the money to support existing social service organizations. She felt one of the major problems that there was too much friction between the H.R.C. members and the existing social services groups. She-begged the City Council to help the groups that help the people in needs such as Grass Roots rather than causing more money to be spent on city staff. Don Smith stated he supported Bob Anderson to continue as a staff writer for the City. Russ Johnson opposed to the continuing requests for public funds for social service activities. Gail Sorenson, Albert Drive,.stated she supported continuing employment of the H.R.C. Assistant on the staff: She felt that the staff posifion was needed. She also felt the H.R.C. .should attempt to get-more representatives from all parts of the city and from all racial and income areas. Arnold Tucker stated he worked with Grass Roots. He wanted the City Council to know the good work and positive work done by.the Grass Roots organization. Betty Bashaw stated she was in support of continuing the Youth Corps program. Solomon Griffin, Cucuracha Court, supported the Grass Roots appeal.for funds and in particular.asked the City Council to support Maxine Lewis who was the only person in San.Luis Obispo who was willing and able to work with the poor and other minority groups. Mrs. Alta Morena stated.-she was in support of Grass Roots and hoped the-Council would help fund the good activities Maxine Lewis did for.the people in San Luis Obispo. Esther Gustafson,.stated she was in support of Maxine Lewis and Grass Roots II. She felt the City Council.should put some money in..the Grass Roots program as they were the only ones who helped the poor, the.elderly.in_ all parts of the.city regardless of race and other problems.. She stated that the H.R.C. did nothing for these people. Mayor.Cooper.declared the public hearing closed. Councilman Dunin stated he.would support more public funds to social service groups rather than continued addition of staff. He then read into the record the list of H.R.C. budgets .since 1974/1975 through_1980 /1981. He continued that he felt the H.R.C. was an advisory..group to the Council, not an activist group for their own programs. He did not appreciate the fight going on between the H.R.C. and Grass Roots II. He felt he could support Grandmother's House and also support the continuation of the Youth Corps through the summer of 1980. He agreed that H.R.C. funds would be better used if given to serve the people of the city and asked the CAO to prepare an indepth evaluation of the staff writer's posifion. For future Council consideration he felt the Council should also meet with the H.R.C. and Grass Roots and try and arbitrate the differences between these two organizations. City Council Minutes July 1, 1980 - 7:30 p.m. Page 3 Councilwoman Billig.felt the 1980 -1981 budget presented a.balanced program to serve the people of San Luis.Obispo both in.normal city.operations..of water, sewer, fire, police and.in..the recreation and..other. quality of life activities. As far-as the H.R.C.. was concerned she felt that there was a philosophical difference between the Council and the H.R.C. as to the best way to take care.of -the social service needs..of the city. She felt the Council must decide .whether to serve the social needs of.the community through.all ready organized agencies rather.than adding a staff function. She felt that when.staff..co.sts equal.grants. -then something is wrong.with the program. ' She looked to H.R.C..as advisory to the Council not a separate agency. She recommended that the City Council add the funds taken for the employee from the H.R.C. budget and be put into the grant area to serve the people.of San Luis Obispo better and not to add more staff. She also hoped the H.R.C. would continue to give the City its best advice and accept the fact that .the City Council may not always agree with.their recommendations.. She also hoped that the City Council would start.to require audits of all agencies receiving public.funds from the City Council. She.also felt that the city staff should do a better job in.evaluating personnel either being hired or fired. She would support the position of staff writer. She felt he did a good job for the city. Councilman Munger felt this..was a balanced.budget.to adequately-serve the people of San Luis.Obispo. He agreed that the matter of funding.human-services was a.difficult..decision in trying to.keep employees, happy, social.services happy and the H.R.C. happy and.also keep.in mind the people who need these services. He too felt the H.R.C. was an advisory board to the City Council, not a separate agency. He felt funds should be used to serve the needy and not to increase staff support. He felt that social service'grants should be reviewed by H.R.C. and then make recommendation to the City Council. He could not support the budget as amended to date by the council. Mayor Cooper stated..he too would support the Youth Corps Program for the summer of 1980. He too would support the staff recommendation to drop the Human Relations_ Assistant but he felt the city should keep.the money in the budget and add it to the social service grants for 1980 - 1981.. He.felt the money could better be spent this way. On motion of Councilwoman Billig, seconded by Councilman Dunin, that the City. Council adopt the budget as presented this evening but add $6,500 to continue the Youth Corps Program for the.summer of 1980 and add $17,500 in H.R.C. budget from employee H•.R.C.. Assistant to the.grant.fund program. Motion carried on the following roll call vote: AYES: Councilmembers Billig, Dunin and Mayor Cooper NOES: ..Councilman Munger ABSENT: Councilman Bond Councilman Munger stated he voted no on the motion because-he felt.it unfair to- the;.taxpayers.with the increases added during the budget sessions and then adding additional funds tonight. 9:10 p.m... Mayor Cooper declared a recess. 9:25 p.m. The meeting reconvened with all Councilmembers present. 2. The City Council-held a public hearing on the recommendation-of the Planning.Commission to approve the tentative map for Minor Subdivision No. 80 -43 to create three lots from one lot at 290 Foothill Blvd.,,R -1 zone; Jack Farris, subdivider. Ken Bruce,. Senior Planner, stated that the Planning Commission, on a unanimous vote recommended the Council adopt the resolution granting approval of the tentative parcel.map for.Minor Subdivision No. 80 -4,. with a negative declaration on environmental impact and subject to findings and conditions established-by the Planning Commission. Councilman Dunin questioned the addition of $1700 per lot for park -in -lieu fees and he felt that this was too high as he felt that all this was going to do would be pgssed on to the person who buys the house.making the houses even furt er out o reach for people in the City of San Luis Obispo. City Council. Minutes July 1, 1980 - 7:30 p.m. Page 4 Ken.Bruce reviewed for the Council's attention the requirements of the subdivision ordinance as they deal with park -in- lieu- .fees.and using the adopted formula, these were the charges that came out. He said unfortunately, with land values being so high, the formula arrives at a higher in lieu fee. George Thacher, City..Attorney, felt that whatever fee was arrived at at the final map .stage would be when this condition would be applied. He felt that no refund.was allowed at that time but if the ordinance is amended.prior.to.the.final map, then the refund-could be made at that time. He felt that between now and the time.the final map for Mr. Farris was presented,.this portion of the subdivision.ordinance would have been brought before the City Council and would have been settled one way or the other. Mayor.Cooper.declared the public hearing open. Jack..Farris, 203.Ramona Drive,.asked for..clarification.of the-park -in -lieu fee comments just made by the City Attorney. The City Attorney explained that-the park -in -lieu fees as presently assessed was what was required by.ordinance but that it-would not be applied until the final map stage..when the subdivision agreement was prepared. If at the time the..subdivision.agreement.was prepared and.the Council had amended the ordinance, then the ordinance or park -in -lieu fee requirement at that time would be the one that would be paid:' Mr. Farris thanked the City Attorney. Councilwoman Billig asked the.developer if he considered landscaping along the required fence, along the west boundary or rear of the two lots. Mr. Farris stated he had not.considered that. He was hoping to be able to continue the existing fence which was a 4' fence with a trellis -type above it to protect the neighbors privacy. Councilwoman Billig felt that a little landscaping iaould make the fence a- little softer for the adjacent property owners. Mayor-Cooper declared the public hearing closed. On motion of-Councilwoman Billig, seconded by Councilman Dunin,._the.following resolution.was.introduced: .Resolution No. 4195.(1980.Series), a resolution of the Council of the City of San Luis Obispo granting approval of the tentative map for Minor Subdivision.No..80 -43 located.at 290 Foothill Blvd.,. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: Councilman Bond 3. Consideration of-final parcel map for Minor.Subdivision No. 79 -101. Ken Bruce, Senior Planner, presented the recommendation of..the City Planning Commission which recommended to the City Council approve.a,T2- month..time_ extension of the tentative map for Minor Subdivision` No. 79 -101 stibject"to all previous conditions of-the tentative map. Mayor Cooper.-declared the public-hearing open. No.one appeared. before the City Council for or against the time extension. Mayor Cooper declared the public hearing closed. On motion of ..Councilwoman.Billig,.seconded by.Councilman.Dunin,_the following resolution was introduced: Resolution No. 4196.(1980 Series) „ a.resolution of the City-of San Luis Obispo City Council approving.-a-12-month time.extension for Minor Subdivision No. 79 -101 located at 2338, 2246 and 2252.Broad Street. 1 D City Council Minutes July 1, 1980 - 7,:30 p.m. Page 5 Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Munger...a.nd..Mayor Cooper NOES: None ABSENT: None 4. The City Council held .a.public. hearing on the recommendation.of the.Planning_Commission _ to.approve a time.extension request for submission ' of the final parcel map for Tract No. 822. Ken Bruce; Senior Planner, stated that the City Planning Commission recommended that the City Council grant approval of a 12- months time extension of the tentative tract map for.Tract No. 822 subject to all previous conditions of the tentative map. 9:45 p.m. Councilman Bond.arrived and took his place at the Council desk. Mayor Cooper declared.the public hearing open.. No-one appeared before the City'Council.for or against the - proposal. Mayor Cooper declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilwoman Billig,..the following resolution was introduced: Resolution No.-4197 (1980 Series), a..resolution of the.City of San Luis Obispo City Council approving a 12 -month time extension for Tract No. 822 located at 3301.Broad Street. Passed and ..adopted on the.following roll call vote: AYES: Councilmembers Dunin; Billig, Bond,.Munger.and Mayor Cooper NOES: None ABSENT:-.None 5. The City.Council.held a:public hearing- on.'the appeal of Merrell:Williams of a.decision of the Planning.Commission to deny his General Plan amendment request to change the land.use designation on property at Broad'Street 'and Orcutt Road (San Luis Brick) from service commercial /light industrial to neighborhood commercial (GP 843). G1en.Matteson,-.Planning Assistant,..presented the action of the Planning Commission.and- staff.on_.this General Plan- amendment request. "He..stated that the Planning Commission,:on..April 14, 1980, voted 4 -3 to deny Mr.: Williams request to change the General,.Plan on the.San Luis Brickyard property to enable development_of.a neighborhood shopping center.: He stated that-the initial.study of the.environmental impact report was considered.by:the Planning-Commission ,in-reaching their decision after public hearing. He continued that the.key_issues.were consistency -of this proposal with the City's.General Plan .text. The proposed center was much.larger• than'" the General Plan's indication as such center should be-from two to five.acres in size._ In addition, the Land -Use Element says.that increased:demand for .neighborhood commercial .facilities:should-be--met by making more efficient use of.existing neighborhood.centers and.by expansion.of existing centers into adjacent.neighborhood..non- residential areas.. The location of this proposed center was in a non- residential.area.:. Again";-the issues were not environmental impact.but community:goals,.that is,.whether::a neighborhood shopping center of'nine acres was appropriate at this location. Glen Matteson stated it was ' staff's recommendation that the City Council support.that determination.of the Planning Commission and.deny the appeal. He said he could outline approaches to allowing:.a neighborhood,shopping center or "smaller neighborhood "uses here if that was the council's - desire. Mayor,.Cooper declared-:.the public hearing open.", _ Robert.Strong,.Planning Consultant for.Merrell Williams appeared- before the City.Council.and reviewed in.detail the General -Plan policy.and.interpretations of`.those.policies as they exist in the present General' Plan. He-stated that he was the staff - member. at the!time the General Plan was prepared:. He personally wrote much of - it and felt -,that the staff -,was stretching the interpretation of neighborhood convenience based on size, demand, needs-,'.criteria, etc: He then reviewed for the Council neighborhood commercial areas in the City of 'San Luis Obispo. He also: reviewed• what was ..plannedJor ":the":site -under question which City Council Minutes July 1, 1980 - 7:30 p.m. Page 6 was a market, a bank, drug store and miscellanous._small_ businesses. He.concluded that the-entire proposal complied.with.the exist .ing_General..Plan.policies and text as he remembered writing it.. He.urged.the City Council to support the appeal of Mr. Williams.. Glenna Dean Dovey,.resident of Flora Street, stated she was opposed to the proposed development of a shopping center at this location. She felt that there was no need for this commercial development. She felt there were no residents nearby. She felt the traffic.was already.hazardous on Broad Street at Orcutt Road and Orcutt Road was now overtaxed due to..its size and maintaining its right of way. She continued that this development was unnecessary and would.be a first step to stripped commercial on Broad Street. Tom Schumann, Perkins Lane, felt this.was an unnecessary-development, was not needed, did not feel there was-sufficient residential development adjacent to this market for service. He also felt that dangerous traffic patterns would be developed getting in and out of this site. He did not feel it was needed. Stan Weddle, Southwood Drive, stated-he was.in support of the proposal. He.felt that.this.end.of..town needed a discount-grocery store. He felt' the existing convenience stores in the area are too expensive for a normal family to use. He felt this neighborhood needs this type of market near their homes. Russ-Johnson.stated he.supported the Williams' proposal.. He felt this end of town needed-this type of first class modern.market which_would.avoid having to go all the way downtown to shop. He felt that this market would reduce traffic to downtown San Luis Obispo from arees' outside the:city:. _. Mark Brazil, Cresmont.Dr.., stated he was in support of the project. He felt there was a need for this.market in this area in that it .would avoid people having to go all the way downtown to shop for necessities. Jack Foster, McMillan Ave., stated he was-in-support of.the.project.. He ' felt it appeared to be a good development. He.felt that a market was needed in this-Area to help- citizens.from going all'.the way downtown to shop. He felt that Williams would be the first.to update this downgraded area. He felt the traffic problem could be solved. Mayor Cooper declared the public hearing.closed. Councilman Dunin stated..the issue before.. the.Council -.was'interpretation of a General Plan policy and he asked the City Attorney to again review these problems. George..Thacher.presented..the policy.number 1 and 2 of the.General Plan dealing with.neighborhood convenience-commercial policies. Policy No. .1 "The City should support the concept of neighborhood convenience centers (2 -5 acres dependine on neighborhood-size) whose service area would recuire.shorter automotive trip diG an a and would o,rage'non -vehicular onv nianra shunning." Pollee No. "Increase.demand.for neighborhood commercial facilities created by infill and intensification-of-.residential areas should be met by-making more.efficient use of existing neighborhood-centers and by expansion of existing centers.into adjacent non - residential areas." He continued that it was his position that under the existing.General Plan policies dealing with neighborhoo& convenience commercial properties that this property cannot qualify but if the'Council wished this particular development to proceed, then they must.direct the' applicant to amend the General:Plan, both text and policy or the Council could introduce the change themselves. Councilman Dunin agreed-.with the need to develop competive_ convenience shopping centers-in the.community but felt the General Plan policy must be considered. He also did not feel that this area can justify a shopping center. He could support a market but.not other stores. He felt that the General Plan map and text should be amended first, then the proposal could be considered at that time. Councilwoman Billig' felt the.proposal..was.inappropriate with'the existing policy on the General Plan. She felt the proposal was too big an area and she would support the Planning. Commission .recommendations.for.denial: 1) The area was too.large; 2) it did not serve.a.specific.neighborhood; 3) there was no development plan; and 4) she felt that an environmental impact report would have to be made on this type of development. She continued that she City Council Minutes July 1, 1980 - 7:30 p.m. Page 7 was opposed to the proliferation of shopping centers throughout the city. She did not feel a market was in conflict with downtown. She would oppose the use proposed and also oppose any change in the General Plan policy and map dealing with this request. Councilman Bond stated that this proposal was contrary to General Plan policies. He felt the proposed size was too large. He would support a market at this location but not support a shopping center. Councilman Munger agreed that there were different interpretations to ' the General Plan policy and map but he felt that the map could be amended if the applicant desired. He felt that a convenience center was needed in this area but he felt the size was a question. Also, one plus he felt was the elimination of a long drive downtown to shop. He felt a proper proposal within the General Plan guidelines might be considered. Mayor Cooper agreed that the proposal was too large in scale. He agreed that a convenience market was needed in this area. He also felt that any major development on this site should contribute to the cost of constructing the railroad overcrossing at Orcutt Road. He felt there was a need for a market in the area if it could meet the General Plan policies. The size of the other stores should be reduced. He suggested that a consideration to amend the General Plan should be made. On motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4202 (1980 Series), a resolution of the City Council of the City of San Luis Obispo denying an appeal of a decision of the Planning Commission to deny a General Plan amendment request to change the land use designation on property at Broad Street and Orcutt Road from service commercial /light, industrial to neighborhood commercial. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and Munger ' NOES: Mayor Cooper ABSENT: None 6. The City Council considered the revised Sign Ordinance which would amend various provisions of Article IX, Chapter 7 of the Municipal Code. Ken Bruce, Senior Planner, reviewed generally some of the provisions of the amended code for the Council's information. Councilwoman Billig brought to the Council's attention that she felt that Section 9705.3, the amortization of nonconforming signs did not meet the intent by the Council at their last meeting and she offered an amendment which she felt was more in line with the Council's action. The Council agreed that the points brought out by Councilwoman Billig were correct. 8p motion of Councilwoman Billig, seconded by Councilman Duning Ordinance No. 858,,hn ordinance of the City of San Luis Obispo amending various provisions of Article IX, Chapter 7 of the San Luis Obispo Municipal Code "Sign Regulations' as amended was introduced and passed to print on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper ' NOES: None ABSENT: None 7. The City Council considered a resolution denying the appeal of Pacific Western Construction Company for rejection of claims for extra payment for work on the Santa Rosa Street widening project. Representatives of the Pacific Western Construction Company notified the city that they would be unable to attend the meeting and asked that it be continued to July 15, 1980. City Council Minutes July 1, 1980 - 7:30 p.m. Page 8 The City Council had no objection to continuing the meeting but they wished to direct the staff to be sure and notify Pacific Western Construction Company and to notify the Cal Trans representatives of the change in meeting as they had not been notified about this meeting and they had to sit through the entire meeting to this point. Councilwoman Billig apologized to the Cal Trans representatives for this lack of courtesy by the city. 8. The City Council considered amending Resolution No. 2382 (1972 Series), a resolution appointing the original Mass Transit Committee by adding one additional member representing the handicapped community. On motion of Mayor Cooper, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4201 (1980 Series), a resolution of the Council of the City of San Luis Obispo amending Resolution No. 2382 (1972 Series), by adding a member to the Mass Transit Committee. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Billig, Bond, Dunin and Munger NOES: None ABSENT: None Also, staff was directed to prepare a new resolution establishing guidelines, membership and charge for the Mass Transportation Committee. 9. Roger Neuman, Police Chief, reviewed a detailed report to the City Council on the matter of Thursday evenings cruising problems in downtown San Luis Obispo. In addition to the actual cruising, the volume of vehicles on the street, the number of people just standing around, he also brought to the Council's attention the problem of alcoholic beverages in cars and similar areas by underage children. After presenting his report. he made the following recommendation: 1) Close Higuera Street on Thursday evenings to vehicle traffic between 1800 hours (6:00 p.m.) and 2300 hours (11:00 p.m.) and authorize the Police Department to route traffic as necessary to preclude unnecessary vehicle traffic. 2) Enact an ordinance that prohibits drinking of alcoholic beverages on public streets, sidewalks, or places open to the public (such as parking lots) between the hours of 1900 (7:00 p.m.) and 0600 hours (6:00 a.m.) of the following day. 3) Authorize alternative use of Higuera or adjacent streets to other forms of pedestrian activity when sponsored by the Business Improvement Association, the Chamber of Commerce or other appropriate agency. 4) Evaluate the impact and effect of the above three proposals for one year and submit final recommendations to the City Administrator and City Council. He then reviewed several charts showing existing traffic patterns and what he anticipated what and if the streets were closed. Diane Saunders, resident downtown Higuera Street, reviewed the Thursday night problems and stated that she was in support of prohibiting cruising on downtown streets and also the use of alcoholic beverages in public places. She felt that the closing of Higuera Street on Thursday nights would be a God -send to those who live in downtown but she hoped it would be extended to 12:00 midnight. Hans Loffke, Anderson Hotel, stated he was in support of both the alcoholic prohibition and the resolution on closing Higuera Street but he hoped it could be extended to 12:00 midnight to protect the residents in the Anderson Hotel. 1 1 1 Jay Owens, 1662 Madonna Road, citizens from drunks and spee downtown. She also wanted to people of San Luis Obispo for City Council Minutes July 1, 1980 - 7:30 p.m. Page 9 questioned why the city did not protect all ling in outlying areas of-the city, not just ask what does the city do to help the young entertainment. ' On motion of Councilman Bond, seconded by Councilwoman Billig, the following ordinance was introduced: Ordinance No. 85-9 (1980 Series), an ordinance of the City Council of the City of San Luis Obispo adding Chapter VI to Article IV of the San Luis Obispo Municipal Code to prohibit the consumption of alcoholic beverages in public places. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None 9.B On motion of Councilman Bond, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4198 (1980 Series), a resolution of the City Council of the City of San Luis Obispo authorizing closure of Higuera Street from Osos Street to Nipomo Street on Thursdays from the hours of 6:00 p.m. and midnight for one year. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES: None ' ABSENT: None The Council also asked that they receive a review of the program within three months and that the City Council would hold a reevaluation of the entire program in six months. 10. Dotty Connor appeared before the City Council stating that she and a number of her neighbors opposed the action of the City Council in Executive Session in deciding not to support the City of Santa Barbara in their appeal on the "unrelated persons" law in residences as they felt that this case would put in jeopardy the three plus ordinance that the City of San Luis Obispo is now enforcing. She realized that since she had written her letter to the City Council objecting to their action that the case had been settled by the Supreme Court not accepting a hearing but she objected to the City Council not allowing this to be discussed at a public hearing and to be passed on in Executive Session. Diane Jefferson stated she too opposed the Council's action considering a friend of the court suit in the Santa Barbara case dealing with unrelated persons in residential areas in Executive Session without any input from the public. The Council decided, based on the action of the State Supreme Court, they would take no further action on this matter but at some future time they would hold a public hearing on the three -plus ordinance presently in existence in the city. 11. Gerry Flogerzi appeared before the City Council applying for a permit to sell hot dogs from a 3 -wheel bicycle in San Luis Obispo. He reviewed with the City Council the type of equipment he would use, etc. and how he would actually operate. He stated that he realized the Police Department's objection to this operation but that he would not be on the sidewalk, he would be in a parking space and would stay no longer than 10 minutes in any one location. City Council Minutes July 1. 1980 = .7:30 p.m. Page 10 Roger.Neuman,..Police Chief,:.reviewed_some_of.the_ problems in downtown San Luis.Obispo with'the.narrow streets-and the.narrow. sidewalks and the.problems that could be raised by.allowing.a7vendor.to move from place to.place in the parking lane. He that.possibly one cart would not make a difference but he said they had turned down so many.in the past that if one were licensed they would all have to be licensed and the city...would.be.in some.real problem. He urged the City'Council to deny,the request. Lee Walton, Administrative Officer, felt-the Council could.have.some.options in.this matter by requiring the applicant to file insurance, to file hold harmless clauses with the city and to limit themselves to certain areas of the city, possibly parks, parkirig-lots, etc. but he said he..would have to reluctantly go along with the.Chief unless the Council had some other proposal. On motion of.Councilman Dunin, seconded by Councilwoman Billig, that the request of.Gerry.Flogerzi to operate.a hog-dog cart downtown be denied. Motion carried, all ayes. . CONSENT ITEMS C -1 On.motion of.Councilman Munger, seconded.by:Councilman.Dunin; claims against.the City for the month of July, "1980 were approved and - ordered paid subject to the approval of the Administrative Officer... Motion carried, all ayes. C -2 On motion of..Councilman Munger, seconded by Councilman Dunin, contract pay estimates and change orders were approved.and ordered paid. Motion carried, all ayes. C -3 On motion of.Councilman Munger,_ seconded by Councilman Dunin, the City. Council.confirmed the appointment of Marcel.Cote_to the BIA Advisory Board for the.term expiring December 31,.1980.: Motion carried, all ayes. C -4 On motion of.Councilman Munger,. - seconded by Councilman Dunin,. the request of-Clint Milne,_regarding the council:adoption of the Master Drainage Plan was continued..on recommendation of the C.A.O. Motion carried. C -5 On motion.of Councilman Munger,.seconded by Councilman Dunin, the following resolution_ was introduced: Resolution No: 4199 (1980.Series), a.resolution of the Council of the City of San Luis Obispo approving an. agreement between the City and Roger Brown and Juanita'Brown, for the widening of Johnson Avenue northeasterly of Southwood Drive. Passed and.adopted on the following roll call vote, AYES:_.. Councilmembers Munger, Dunin, Billig, Bond.and Mayor Cooper NOES: None ABSENT: None 1 1 1 City Council Minutes July 1,.1980 - 7:30 p.m. Page 11 C -6 On motion.-of Councilman- Munger,..seconded -by Councilman Dunin, the Laguna Lake Management Plan status report.for May.1980 was ordered received and filed-..... C -7 On motion of. Councilman. Munger,_seconded by_Councilman.Dunin, the claim against the city by.David R. Johnston was denied. Motion carried. B -1: City.Clerk..reported._on the following bids received.for the Wilson Street Waferline,'(Grand_to Park), City.Plan No. D- 49,.Engineer's Estimate $18,464.00 without contingencies: 1. Fred Julien & Associates $15,431.00 4726 Santa Fe Road San Luis.Obispo, CA 93401 2. R. Baker, Inc. 15,910.00 P.O. BOx 419 Arroyo Grande, CA 93420 3. Charles A. Pratt 182545.00 P.O. Box 1295 San Luis Obispo, CA 93401 D.F. Romero, Public.Services Director, recommended that the low bid of Fred Julien & Associates-for $15,431.00.be accepted. On motion of Councilwoman Billig, seconded by-Councilman Dunin,.,the.following resolution was introduced:. Resolution No. 4200 (1980 Series), a resolution awarding the low bid to Fred Julien & Associates for $15,4310.00. Passed and adopted on the following roll call vote: AYES:. Councilmembers Billig, Dunin,.Bond., Munger and Mayor Cooper NOES: None ABSENT: None City Council Minutes July 1, 1980 - 7:30 p.m. Page 12 B -2 The City Clerk reported on bids received f TRASH COMPACTOR ". D.F. Romero, Public Services Director, stated that that it was extremely high and that the city staff Council continue this so they could inquire around people that might be interested in bidding on this :)r the "PORTABLE MOUNTABLE only one bid was received, , would like to have the to see if there were other unit. On motion of Councilman Bond, seconded by Councilman Dunin, the matter was continued for a report from staff. Motion carried. There being no further business to come before the City Council, Mayor Cooper adjourned the meeting to 7:30 p.m., Tuesday, July 8, 1980. MINUTES APPROVED BY COUNCIL ON: itzpatrick, City Clerk 8/5/80 1