HomeMy WebLinkAbout08/05/1980City Council Minutes
August 5, 1980 - 4:00 p.m.
Page 2
Wayne Peterson, City.Engineer,.briefed..the proposal of.the County for the
Regional Transit Authority-to provide.services to the handicapped- within the
County of San Luis Obispo...... He.stated..that in July,_1980, the Council of
Governments concluded their.transit needs hearing and..as a result of those
hearings, they determined it would be reasonable to expan& the regional
handicapped transportation system by..adding.a.third. vehicle.. Two.vehicles
could be scheduled full -time service and one vehicle serving as a stand -by.
The stand -by vehicle to be put into regular service when demand 'warranted
the use of the vehicle.
Councilwoman Billie, Chairperson.of.COG',."felt the'COG members did not feel
that the County .proposal was .what.was..approved at the last COG meeting. She
stated that in`her opinion, that-the County had informed COG-members that there
was to.be no additional cost for.1980- 1981.but now the County staff had come
up with a new and.higher budget figure for.operation of-the handicap system.
She stated she-had discussed this matter with - several members of the COG
organization and they do not.remember this action. She therefore recommended
that-the City.Council not approve this budget but that they ask COG to review
the new cost allocation before taking action.
By consent of the Council, no action-was taken until COG reviewed.with the
City Council representative and other members of COG to make sure the matter
is, again discussed.
2. On motion of Councilman Munger.,:seconded . by'Councilman Bond, the
following ordinance was introduced: Ordinance No. 862 (1980.Series), an- ordinance
of the Council of the City of San Luis Obispo establishing a Mass Transportation
Committee.
Councilwoman Billig asked.in this.new Transportation Committee ordinance .
where were the guidelines explaining the length of service, the number of.
terms, responsibilities, etc.
Lee Walton,..Administrative Officer,.stated..that the handbook was in preparation
' for use not.only of this.committee but of all the advisory boards and commissions
which would have the same basic guidelines.
Councilman Dunin stated that he wanted .the terms. of dffice "to be. limited -to
four years with only one reappointment or.a total of eight years.
Further, the City Council suggested that a member of the.Planning.Commission should
be.dropped and that a member.-of-the Human Relations Commission be added: -so that
they could articulate the needs.-of the.low and moderate income families and also
limit to a maximum to two terms or eight years.
The ordinance was introduced.and passed to print.on.the..following roll.call vote:
AYES: Councilmembers Munger, Bond,.Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
Councilwoman Billie nominated Bill Kent to be. .the.handicapped.representative
on the new Transportation.Committee. She.felt this appointment had.to.be made
as there would be some State meetings.going on in the city dealing with the
handicapped and she felt there should be,a representative from that area.
' Bill Kent-appeared before the City Council and discussed.for the Council, his
qualifications and interest in the handicap transportation area.
On motion.of Councilman Dunin, seconded by Councilman Bond, the nomination of
Bill Ken was approved and he was made a member of the Mass Transportation Committee.
Motion carried.
3. On motion of Councilman Bond,_seconded by Councilman Dunin, the following
resolution was.introduced:. Resolution No. 4215..(1980 Series), a resolution of
the Council.of the City of San Luis Obispo approving an agreement between the
City and Timothy and Karen LaSalle (Wilson Street Waterline - $20,000 Quarterly Program)
City Council Minutes
August 5, 1980 - 4:00.p,m.
Page 3
Passed and adopted on the following roll.call vote:
AYES: Councilman-Bond, Dunin, Billig, Munger and Mayor Cooper
NOES: None
ABSENT: None
4. On motion of Councilman Bond, seconded by Councilwoman Billig, that
the.: City.. Council. approve.the request of the County. of San Luis_Obispo' for the
City to_ participate in a.County -wide program.to..pool State off- highway licensed
monies in specific areas.with all cities and the County pooling their small
amount_of_ funds. .Motion carried,-all ayes.. .:
5. On motion:of Councilman Munger, seconded by Councilwoman Billig, the
plans and specifications for "LIGHTING SINSHEIMER.SOFTBALL FIELD ", bid estimate
$55,000; funding $48,766 from the 1976.State Bond Act and $6,234.from.the CIP,
Sinsheimer Park Incremental - Development Fund were approved.'and the staff was
authorized to call for bids. Motion carried.
6. On motion of Councilwoman-Billig, seconded .by.Councilman.Dunin,.the
plans and specifications for the "MONTEREY /GARFIELD WATERLINE ", y.
Cit Plan No.
D -35, bid estimate $6,406 without contingencies was approved and staff was
authorized . to- , call .,for.bids. .- Motion carried, all ayes..:.
7.. On motion of Councilwoman Billig; seconded - -by Councilman Munger,.the
plans and specifications for the "ANDREW STREET FEEDER -8" WATERLINE ",;City Plan
No. D -10, bid estimate $65,652.50 without contingencies was approved and staff
authorized to call for bids. Motion.carried, all ayes.
CONSENT ITEMS:
C -1 On motion of Councilman Dunin,..;seconded..by Councilman..Munger, claims
against the city for.the month of August;..1980.were approved and ordered paid
subject to the approval of.the'.Administrative Officer. Motion carried.
C -2 On motion of Councilman.Dunin, seconded.by Councilman Munger, the
following minutes of.'Council meetings were approved as amended: July l; 1980,
July 7, 1980, July - 8,.1980, July 15, 1980 -4:00 p.m., July.15,.1980 -7:30 p.m.,
July 19, 1980 -12:10 p.m. Motion carried.
C -3 On motion.of Councilman Dunin,_secorided..by Councilman - Munger; the
following contract pay estimates were approved and.ordere- d.paid:
R. Baker, Inc.
Est.
#2
$
5,373.00
LIZZIE /WILDING WATERLINE
_
C.P. #D-44
R. Baker, Inc.
Est.
#2
$
6,849.45
WATERLINE IMPROVEMENT
CENTER STREET
C.P. #D -26
=_..
R. Baker, Inc.
Est.
442.
$
5,613.75
WATERLINE IMPROVEMENT
MOUNTAIN VIEW
C.P. #D -27
R. Baker, Inc.
Est.
#2
$.51337.00.
WATERLINE IMPROVEMENT
ISLAY STREET
C.P. #D -34
R. Baker, Inc.
Est.
#2
$
1,436.40
WATERLINE INSTALLATION
Est.
#3
Final
2,133.60 (9/10/80)
TO GROVE.
C.P.. #D -48
R.G. Beller Construction
Est.
#.3,
$.,8,289.00
JACRHOUSE SITE IMPROVEMENTS
1
1
1
City Council Minutes
August 5,.1980.- 4:00 p.m.
Page:4
C =5 On motion of Councilman Dunin',_seconded _ by..Councilman Munger., the
following resolution was introduced:...Resolution.No. 4218 (1980 Series), a
resolution of the Council of.the City.of ... San Luis.Obispo.increasing Park and
Recreation fund appropriations for the 1980 -81 fiscal year (Pigeon Population
Control Program).
Passed and adopted on the following roll.call vote:
AYES': Councilmembers Dunin, Munger, Billig,.Bond and,Mayor Cooper
NOES: None
ABSENT: None
C -6 On motion of -Councilman Dunin,: seconded .by.:Couacilmaa:Munger;.the
following resolution was introduced: Resolution No..4217 (1980 Series), a
resolution of the Council of the City of San Luis Obispo approving two
' agreementsi`witfi•= San:Luis Obispo' City: Chamber._: of: Commerce. to perform certain
services to the city, namely, Promotional Contract and Visitors Contract.
Passed and adopted on the following roll.call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
R. Burke Corporation
Est.
#2
$ 567.00
CALIFORNIA BLVD. WIDENING
Est.
#3 Final
2,001.85 (9/10/80)
& HIGUERA.STREET WIDENING
`
C.P. #D -05 & D -15
R. Burke Corporation
Est.
#1
$21,234.15
ORCUTT ROAD WIDENING
i. P..: I .
AND CULVERT EXTENSION
C.P. #D -Ol
Fred:Julien & Associates -
Est.
#2
$12,562.87 ...
MONTEREY HEIGHTS WATERLINE.
Est..#3
Final
9,084.65 (9/10/80)
C.P. #D -07
Fred Julien &.Associates
Est.
#1
$132687.38
LAWRENCE DRIVE.SEWERLINE
C.P. #D -23'
Sierra National
Est.
#4
.$ 2,193.90
JOHNSON AVENUE STORM DRAIN
C.P. #C -05B
Sierra National
Est.
#1
$14,242.50
FOOTHILL SEWERLINE
TASSAJARA TO FERRINI
C.P. #D -21
Motion carried.
C-4 _..On motin of-Councilman
Dunin ,.seconded by
.Councilman Munger, the
following .. resolution was introduced: .Resolution:No:
4216 (1980 Series), a
.resolution of the Council
of the City of
San Luis
Obispo confirming the
removal.of liens on-real property
parcels.for weed
abatement costs and placing
of these.unsatisfied liens
assessments on the 1980
-81 tax roll.
'
Passed and adopted. on. -the
following roll'.call
vote:
AYES: Councilmembers
Dunin, Munger.,
Billig,.Bond.and
Mayor Cooper
NOES: None
ABSENT: None
-
C =5 On motion of Councilman Dunin',_seconded _ by..Councilman Munger., the
following resolution was introduced:...Resolution.No. 4218 (1980 Series), a
resolution of the Council of.the City.of ... San Luis.Obispo.increasing Park and
Recreation fund appropriations for the 1980 -81 fiscal year (Pigeon Population
Control Program).
Passed and adopted on the following roll.call vote:
AYES': Councilmembers Dunin, Munger, Billig,.Bond and,Mayor Cooper
NOES: None
ABSENT: None
C -6 On motion of -Councilman Dunin,: seconded .by.:Couacilmaa:Munger;.the
following resolution was introduced: Resolution No..4217 (1980 Series), a
resolution of the Council of the City of San Luis Obispo approving two
' agreementsi`witfi•= San:Luis Obispo' City: Chamber._: of: Commerce. to perform certain
services to the city, namely, Promotional Contract and Visitors Contract.
Passed and adopted on the following roll.call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
City.Council Minutes
August 5, 1980 - 4:00 p.m.
Page 5
C -7 On motion of .Councilman..Dunin,:.:seconded by..Councilman Munger, the
following.resolution._was, introduced:_ Resolution.No. 4219 (1980 Series), a
resolution of t he Council -of the City_..of San Luis.Obispo.approving an agreement
between the City..and_Robert:I. Corcoran as Business.Improvement Administrator
through June.30, 1980.
Passed and adopted on the following roll.call vote:
AYES: Councilmembers Dunin,.Munger.,.Billig,.Bond and.Mayor.Cooper_-
NOES: None
ABSENT: None
C -8 On motion of Councilman Dunin,.seconded by.Councilman Munger; the
following resolution was introduced: Resolution No. 4220 (1980 Series), a
resolution of the'Couricil.of the City.of San Luis Obispo conveying to the
Alan R. Ochs Family Trust a parcel.of land at the south end of Swazey Street.
Passed and.adopted on the following.roll. call vote:
AYES: Councilmembers Dunin, Munger, Billig,..Bond.and.Mayor Cooper
NOES: None
ABSENT: None
C -9 The City Council.reviewed bids received .for- :the.Transit.System North
Coastal from San Luis Transpor.tati.on,...Inc. $2:00 per ioute.:mile -of operation
and $2.00 per.route mile of,operation. over the Cuesta Shuttle Route.
Councilmember Billig questioned how the $2.00 per mile of the bid was arrived
at by the operator. Were any other financial considerations or reporting
presented to the City Council.
Pat Linnington, operator of-San Luis Transportation,. Inc., reviewed the basis
for -the quote which involved primarily inflation, fuel and labor costs which
had increased since the last bid and also his plans for being required to
modernize much of the equipment.
Councilmember Billig still.wanted-.more.information on the.use of this.system
so the Council -could make some intelligent policy direction both for the staff
and to the Mass Transit Committee:
Councilman Dunin stated he wanted some more - information from the.city staff .
on the use of.the transit system, the funds that were received, and the subsi-
dies provided by the city.
On.motion of Councilman Bond, seconded.by.Councilman Munger, -::the bid information
on the North Coastal and Cuesta Shuttle Transit bids were - ordered received and
filed. Motion carried, Councilwoman.Billig voting no.
C -10 On motion of Councilman
Dunin,•.seconded
_ by Councilman Munger,_.the.
claim against the.City by Perry
L. Fitts in the
amount of $256.00 reportedly
sustained-to.-his vehicle acid an
unspecified amount
,for false:arrest was denied.
Motion carried.
C -11:: On motion of Couricilman.Dunin,
seconded
by Councilman Munger,.the
Traffic!Engineer's Report for the period April
1,1980 through July 31, 1980
was ordered received and filed.
B -1 The City Clerk reported on the. . following.bid.received for.the "PORTABLE
MOUNTABLE TRASH COMPACTOR ", bids opened Tuesday,-June-24i 1980:
Rucksteel of California $9,858.00
1
1
J
City Council Minutes
August 59 1980 - 4:00 p.m.
Page 6
On motion of Councilwoman Billig, seconded by Councilman Dunin, that the bid from
Ruckstell of California, Inc. of $9,858 be accepted recognizing that the budget
will have to be augmented in the future. Motion carried.
B -2 The City Clerk reported on bids received for the "FOOTHILL BLVD.
RESURFACING AND DRAINAGE IMPROVEMENTS ", City Plan No. D -02, bids opened Friday,
July 25, 1980: Bid estimate $80,815 for Alternate 1 and $65,755 for Alternate II -
Alternate I Alternate 2
1. R. Burke Corporation $72,165.28 $57,129.28
P.O. Box 957
San Luis Obispo, CA 93406
2. Madonna Construction 739753.00 59,293.66
P.O. BOX 910
San Luis Obispo, CA 93406
3. Sully- Miller 73,730.20 60,310.20
311 Front Street
Grover City, CA 93433
4.
C. Sanchez & Son
75,342.20
62,215.00
1230 Mission Drive
Solvang, CA 93463
5.
Pacific Western Construction
77,806.16
622324.16
4704 E. Carmen
Fresno, CA 93703
6.
Conco Engineering
759893.60
629353.60
P.O. Box 511
San Luis Obispo, CA 93406
7.
A.J. Diani
77,586.00
64,046.00
P.O. Box 636
Santa Maria, CA 93454
8.
M.J. Hermrick
81,492.20
65,732.20
P.O. Box 217
Nipomo, CA
9. Fred Julien & Associates 94,456.86 73,779.50
4725 Santa Fe Road
San Luis Obispo, CA 93401
10. Melcher Construction 90,578.60 75,618.00
1415 Smith Court
San Luis Obispo, CA 93401
On motion of Councilwoman Billig, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4221 (1980 Series), a resolution
(1980 Series), a resolution of the Council of the City of San Luis Obispo
accepting the low bid of R. Burke Corporation.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper
RIi0.1101`imin
ABSENT: None
B -3 The City Clerk reported on bids received for "STREET RESURFACING PROJECT"
City Plan No. D -30, bid estimate $50,775 without contingencies as follows:
1. Pacific Western Construction $40,643.25
4704 E. Carmen
Fresno, CA 93703
City Council Minutes
August 5,.198.0 - 4:00..p.m.
Page 7
2.
Sully - Miller.. Contracting
$42,746.50
311 Front Stret
Grover City, CA
3.
A.J. Diani
$43,652.75
P.O. Box 636
Santa Maria, CA 93454
4.
R. Burke Corporation
$44,943.40
P.O. Box 957
San Luis Obispo,.CA 93406
5.
M.J. Hermrick
$45,956.50
P.O. BOx 217
Nipomo, CA
6.
C. Sanchez &.Son
$46,917.15
1230 Mission Drive
Solvang, CA
7.
Madonna Construction
..$47,935.50
P.O. Box 910
San Luis Obispo, CA 93406
8.
Melcher Construction
$58,814.50
1415 Smith Court
San Luis Obispo, CA 93401
On motion of- Councilwoman.Billig,.seconded.by
Councilman Bond,.the following
resolution was introduced: 'Resolution No. 4222,(1980 Ser_ies),..a.resolution of
the
.Council of.the City of San Luis. Obispo accept-ing.bid and awarding the
contract to Pacific Western Construction Company.
Passed and adopted on the following.roll.call vote:
AYES: Councilmembers Billig,
Bond, Dunin, Munger and Mayor. Cooper
NOES: None
ABSENT: None
B -4
The City Clerk reported on bids received for the_ "CHORRO STREET
RECONSTRUCTION ", City Plan No. D-
31,. bids. opened .Friday, July 25,.1980:
1..
Sully- Miller -
$43,789,20
311 Front Street
Grover City, Calif. 93433
.
2.
Pacific -.Western Construction
$46,439.70
4704 E. Carmen
Fresno, Calif. 93703
3.
-R. Burke Corpopration
$48,958.36
P.O. Box 957
San Luis Obispo, "CA 93406 .
4.
A.J. Diani
$54,728.00
P.O. Box.636
Santa Maria, Calif. 93454
5.
Madonna Construction
$559861.00
r
P.O. Box 910
San Luis Obispo, CA 9340.6
6.
M.J. Hermrick
$55,970.00
.P.O. Box 217
Nipomo,. Calif.
City Council Minutes
August 5, 1980 - 4:00 p.m.
Page 8
On motion of Councilman Dunin, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4223 (1980 Series), a resolution
of the Council of the City of San Luis Obispo accepting a bid and awarding
a contract to Sully- Miller.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Munger and Mayor Cooper
' NOES: None
ABSENT: None
There being no further business to come before the Council, Mayor Cooper
adjourned the meeting at 5:05 p.m. to 7:30 p.m. Tuesday, August 5, 1980.
COUNCIL APPROVED MINUTES ON:
8/19/80 J. itzpatrick. City Clerk
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 5, 1980 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Pledge
Invocation by Reverend James Stewart United Methodist Church
' Roll Call
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin, Gerald Munger and Mayor
Lynn R. Cooper
Absent: None
City Staff
Present: Lee Walton, Administrative Officer; George Thacher, City Attorney;
J.H. Fitzpatrick, City Clerk; Geoff Grote, Legal Assistant; Don
Englert, Police Captain; D.F. Romero, Public Services Director
8. At this time the City Council considered nominations for appointments
to the Human Relations Commission as recommended by the Council Subcommittee
(Munger / Dunin).
Mayor Cooper left the room due to a possible conflict of interest.
Vice -Mayor Dunin presiding.
Henry Engen, Community Development Director, stated that the appeal was of a
Planning Commission denial of a variance request to allow a deep -lot subdivision
in an R -2 zone. A deep lot subdivision in a parcel with a 50' street frontage
where a 60 foot frontage is required and creation of a lot with less area than
On motion of Councilman Munger, seconded by Councilman Dunin,.that
the matter
of appointments to the Human Relations
Commission
to fill vacancies be continued.
Motion carries, all ayes.
9. The City Council held a public
High of a Planning Commission decision
hearing to
deny
consider an
appeal by Randy
to his
request to
allow a deep lot
subdivision in an R -2 zone, a 50' street frontage
in a lot size less than 6,000
sq. ft. located at 1215 Buchon Street.
Mayor Cooper left the room due to a possible conflict of interest.
Vice -Mayor Dunin presiding.
Henry Engen, Community Development Director, stated that the appeal was of a
Planning Commission denial of a variance request to allow a deep -lot subdivision
in an R -2 zone. A deep lot subdivision in a parcel with a 50' street frontage
where a 60 foot frontage is required and creation of a lot with less area than
City Council Minutes
August 5, 1980 - 7:30 p.m.
Page 2
Also, creation of a lot with less area than required for a site on the south
side of Buchon Street between Toro and Fairview Streets.
He continued that on June 25, 1980, the Planning Commission technically denied
the variance request on a 3 -1 vote pursuant to the Commission's by -laws, 4
affirmative votes are required to approve a variance. The applicant had appealed
this denial to the City Council.
He concluded by stating that the staff recommended that the appeal be denied
and the Planning Commission's action to deny be upheld. Staff felt that the
zoning ordinance clearly intended deep lot subdivisions in a lower density (R -1)
residential zones only. Deep lot subdivisions were not appropriate in multi-
family zoning districts. The granting of this variance could establish a precedent
city -wide for considering deep lot subdivisions on multi - family lots.
George Thacher, City Attorney, felt that the zoning ordinance only allowed the
deep lot provisions in the R -1 district and there was no way that variances could
be made to change this exception.
Vice -Mayor Dunin declared the public hearing opened.
Leonard Lenger, applicant's representative, appeared before the City Council
and explained his request. He stated that the purpose of the application was
to divide the property into two lots. It would have no noticeable affect in
that there was to be no new construction proposed. The rear house would continue
to use the driveway as was now provided except that the access road for the rear
house would become part of that house rather than just an easement. He stated
that many of the staff members agreed that this was a good project. He also
felt that most lots in the neighborhood were 50' width and not 60' and that the
area was 5,000 square feet, not the required 6,000. He felt that this property
was unique, and that this no change in use would take place but that two single
family residences would be created rather than one multi - family lot. He also
felt that the two properties would be under separate ownership. He offered an
covenant or a deep restruction which would go with the property which would
guarantee not more than a single family home on each of the two parcels.
, 2120 Toro Street, adjacent property owner, spoke in support
of the lot split to allow more single family dwellings and less rentals in the
area.
Mr. Weber, 1227 Buchon Street, adjacent property owner, was opposed to the
proposal as he felt it would just add more traffic problems and congestion
in the area.
Vice -Mayor Dunin declared the public hearing closed.
Councilwoman Billig stated she would support the Planning Commission's response to
deny. She felt the deep lot ordinance was only intended for R -1 zone. She could
not look favorably to accepting a covenant to get around the zoning ordinance.
She felt this was a dangerous precedent.
Councilman Munger stated he could support the appeal. He felt it was a good
development and also agreed with the Planning Commission's finding for the
development.
On motion of Councilman Munger, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4228 (1980 Series), a resolution
of the Council of the City of San Luis Obispo granting an appeal of a Planning
Commission denial of a variance request to allow a deep lot subdivision at '
1215 Buchon Street; applicant, Randy High.
The Council found that there were exceptional circumstances applying to the site,
namely, existing size and shape of the property; the variance would not constitute
a grant of special privilege inconsistent with other properties in the vicinity
but the same zoning because at the same the property was divided a 50' frontage
was the standard throughout the area and because it was not anticipated that the
existing family residential use and density would change in the future; the
variance would not adversely affect the health, safety or general welfare of
'persons residing or working in the vicinity; and the variance request was exempt
of environmental review requirements. Finally, the order of this resolution would
be effective upon the staff approving a covenant to run with the property which
would provide that Parcels A and B shall be for only single family dwelling
purposes and subject to those conditions.
City Council Minutes
August 5, 1980 - 7:30 p.m.
Page3
Resolution passed and adopted on the following roll call vote:
AYES: Councilmembers Munger, Bond and Dunin
NOES: Councilwoman Billig
ABSENT: Mayor Cooper
' Mayor Cooper returned to the Council table.
10. The City Council held a public hearing to consider a time extension
request to submit the final tract map for Tract No. 772 to create a 24 lot
residential subdivision at 1680 Southwood Drive, R -1 zone.
Henry Engen, Community Development Director, stated that the Planning Commission
on a 6 -0 vote recommended that the Council adopt a resolution granting a 12 -month
extension subject to all previous conditions of tentative map approval.
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.
Councilwoman Billig stated she was not opposed to a time extension for this
tract but felt that the staff should look very carefully at the way lots 22,
23 and 24 were handled as this was a very sensitive area.
On motion of Councilman Dunin, seconded by Councilman Munger, the following
resolution was introduced: Resolution No. 4224 (1980 Series), a resolution of
the City of San Luis Obispo City Council approving a 12 -month time extension
for Tract No. 772 to June 19, 1981.
Passed and adopted on the following roll call vote:
' AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
11. The City Council held a public hearing to consider a recommendation of
the Planning Commission to approve the final map for Minor Subdivision No. SLO 78 -131
located at 1260 Ella Street to combine five lots into one lot and to adjust lot
lines between the resulting lot and neighboring lot; Merilee Peck, applicant.
The City Council was advised that the developers had not filed an adequate final
map and it could not be presented to the City Council, therefore the matter was
removed from the agenda.
Upon question by the Mayor, no one came forward to speak for or against the
proposal. The matter was removed from the agenda.
12. The City Council held a public hearing to consider the recommendation
of the Planning Commission to approve the final map of Minor Subdivision No.
79 -181, located at 615 Grand Avenue creating two lots from one lot and to modify
the tentative map requirement by deleting the requirement for a common access
driveway and agreement; Claud and - Jeanette Weddle, developers.
D.F. Romero, Public Services Director, stated that the Public Services Department
' had reviewed the final map in compliance with all the provisions of city codes
and ordinances, a cashier's check in the amount of $600 was on final to guarantee
the installation of certain required improvements, namely, sidewalk, curb, gutter
and creek cleaning and to set two property corners. He recommended that the
final map be approved.
Mayor Cooper declared the public hearing open.
Jim Rheem, 68 Park Street, stated he was opposed to the lot split due to the
heavy concentration of rental units and its attendant parking problems in the
neighborhood. He felt that no special provisions for parking had been met by
the existing developments. Everyone was parking on the street and he felt it
was too high a density in the entire neighborhood and he just didn't want to
see any additional group housing approved.
City.Council Minutes
August 5, 1980.= 7 :30 p.m.
Page 4
Leonard Lenger, engineer for the developer,.stated that dividing the lots would
reduce the density, -also that the creek had been.properly engineered and cleaned
and should cause.less.flooding problems to the adjacent.neighbors.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Bond, seconded by Councilman Munger, the following
resolution was introduced: Resolution No. 4225 (1980 Series), a resolution
of the Council of the City of. San' - Luis- Obispo.granting approval "of. "the final
map for Minor-Subdivision SLO 79 -181, located at 615 Grand Avenue; and also
eliminated condition No. l which was.the common access driveway and agreement.
Resolution.passed and.adopted on the following roll call vote::,
AYES.:- Councilmembers Bond, Munger, Billig,.Dunin..and.Mayor Cooper
NOES: None ...
ABSENT: None
13. City Council held a public hearing to consider the possible abandonment
of a portion of Montalban Street, between Stenner Creek and Santa Rosa Street.
Henry- :Engen, Community Development 'Director, stated.that the Planning -Commission
had considered this request to abandon a portion of Montalban Street right -of-
way between Stenner Creek and Santa Rosa Street. He stated that the Planning
Commission, on a 5 -1 vote, recommended that the city.not abandon the subject
right -of -way at this time because it-may-be needed for present or future public
purposes: The commission-also recommended that the council take-immediate action
to maintain the right -of -way and that city funds be budgeted and'spent to improve
the right -of -way, including pedestrian access across the creek as soon as possible.
Mayor Cooper declared the public hearing open.
John King, property owner on one -side of Montalban Street, since Montalban Street ,
has been barricaded at the.creek.portion for years and has been - maintained in a
very poor manner, that the adjoining property owners would like to see the
property developed with private funds. Therefore, the adjacent property owners
would like to have the street abandoned and let property owners be responsible
for the improvements relating to'thi9.aband6iiment ' as-well ;as providing-all
adjacent:owners:adequate and.necessary easements thiough to Montalban Street.
Brent Dickens, architect. for". John.:.King, - stated.he did'not feel the city would
ever develop a crossing at this spot. He felt..the economics were against it. He
felt that..the adjacent owners -would do a better -job than.' -the city: He urged
the city to abandon the street to the adjacent property owners.
Mayor Cooper declared the public hearing closed.
D.F. Romero, Public Services Director,.stated that in:his. opinion, the street
connection across Stenner Creek could never-be justified although there is some
minor need to serve pedestrian traffic. He recommended abandonment with
retention of pedestrian access.
Councilman Bond felt the area should be improved-and would-rather have it done
by private.owners than the city. He would support the request of abandonment.
Councilman Munger felt he would. like ..to - see..the.street improved at private '
expense .rather than tax payers. He too would support the abandonment subject
to..a pedestrian easement or right -of -way.
Councilman Dunin stated he would support the abandonment.
Councilwoman Billig stated.she.would. support the-abandonment. She felt the area
should be cleaned up and that the abandonment should be subject to a naturalistic
pedestrian path-to the creek:
On motion,of.Councilman Bond,' seconded by Councilwoman Billig, a resolution of
intention to abandon a portion of Montalban Street between - Stenner Creek and
Santa Rosa Street; Resolution No. 4227,'(1980 Series);.was introduced.'
Passed and adopted on the following roll call vote:
City Council Minutes
August 5, 1980 - 7:30 p.m.
Page 5
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
14. City Council considered the final passage of Ordinance No. 860 (1980 Series);
and ordinance amending the official zone map of the city to rezone property
at 1401 Chorro Street and 783 -895 Pismo Street from R -3 (medium High Density
Residential) and PO (Professional Office) to R-4 (High Density Residential),
City of San Luis Obispo, applicant.
Henry Engen, Community Development Director, reviewed the action taken at the
prior meeting by the City Council in initiating this ordinance.
Mayor Cooper declared the public hearing open.
Peg Pinard, Old Town. Association, object to the adoption of this ordinance.
First, she object that a member of the Planning Commission voted on this rezoning
when he had an interest in adjacent property which would benefit from this higher
density. Second, she objected to the R -4 density would increase the density
in the R -4 neighborhoods, which would increase not only the traffic, but crime
in the area. She submitted figures from a 1979 police statistic report that
stated that the R -4 and apartment areas increase crime. Third, she felt the
rezoning would increase traffic and vehicle speed in this area. She felt R -3
was bad enough, but R-4 was terrible as only high rise apartments could make
money, not less denisty. She urged the council to leave the zoning to R -3.
Mayor Cooper declared the public hearing closed.
Councilman Dunin stated he would not support the rezoning to R -4 as he had
previsouly voted against it.
Councilwoman Billig stated'she would not support the ordinance. She had voted
against it when first came before the City Council, and could see no change at
this time.
Councilman Bond said he felt he could support the R -4 zoning.
Councilman Munger said he could see no change and would support the R -4 zoning.
On motion of Councilman Bond, seconded by Councilman Munger, Ordinance No. 860
(1980 Series), was introduced for final passage. Finally passed on the following
roll call vote:
AYES: Councilmembers Bond, Munger and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
City Council held a very brief discussion on conflict of interest, legislation
and the legal and moral implications. There was no decision.
15. City Council considered the final passage of Ordinance No. 861, an
ordinance amending the official zone map of the city to rezone property at
28 -40 (even) Casa Street and 1107 -1111 (odd) Foothill Boulevard from P.O
(Professional Office) to R -4 (High Density REsidential).
Henry Engen, Community Development Director, reviewed this city's initiated
rezoning stating the intention was to bring the zoning ordinance and general
plan into conformity to reduce the amount of professional buildings and to
protect multiple dwelling units in the area.
Mayor Cooper declared the public hearing open.
Will Behr, representing Tallman, stated he wanted the land to remain P.O.
as his friend wants to convert to office use. He felt it was unfair to his
friend who was planning developing much needed offices in the area. He urged
the council to not rezone to R -4.
Dorothy Conner objected to continued rezoning land to R -4 due to the density
City Council Minutes
August 5, 1980 - 7:30 p.m.
Page 6
increases which she felt increased traffic and pollution in the neighborhood.
She felt that the City Council should follow the general plan and keep it to
a lower density.
Mayor Cooper thanked the participants and ordered the public hearing closed.
On motion of Councilman Bond, seconded by Councilwoman Billig, Ordinance No. 861
(1980 Series) was introduced for final passage. Finally passed on the following
roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
16. This item regarding Amending the General Plan to allow extension
to quasi public agencies was withdrawn by Councilman Dunin.
17. City Council considered adopting an ordinance to regulate the sale
of drug use information and paraphernalia to minors.
George Thacher, City Attorney, reviewed the provisions of recently adopted
Senate Bill 1660 which adds sections to the Health & Safety Code relating to
minors dealing with drugs and paraphernalia. He felt that after review of the
state law, that the definition section and the provisions were much stronger
and clearer than a number of city ordinances that had been overturned. He
suggested that the city should adopt the provisions of this bill and then add
whatever additional safeguards they felt were needed peculiar to the City of
San Luis Obispo.
After discussion by the City Council, the City Attorney was directed to
prepare a city ordinance that would supplement state law which would prohibit
of drug paraphernalia, etc., and see that it meets the local situation after
conference with the City Police Chief. Ordinance to be brought back as soon 01
as possible.
18. City Council considered the annual attendance report of the Planning
Commission for the Fiscal Year 1979 -1980.
Henry Engen, Community Development Director, reviewed the report of the Planning
Commission whose bylaws state:
"Any member of the Planning Commission who is absent from five (5) or
more regular meetings or adjourned regular meetings of the commission
within a fiscal year shall be referred to the City Council by the
commission for consideration of removal from the commission."
He reviewed the attendance and found that Planning Commission member Breska
had missed six (6) regular meetings and six (6) special meetings for a total
of 12 meetings from the period of July 1, 1979 to June 30, 1980. He concluded
his comments by saying when the Planning Commission reviewed this on July 9, 1980,
the matter was referred to the City Council with no recommendation.
After brief discussion, Councilman Bond stated he felt that the council should
take steps to remove Planning Commissioner Breska from the Planning Commission
as his attendance was very poor and that if someone else occasionally took off
it would be very difficult to get business done with the Planning Commission.
Councilman Munger stated he agreed with the removal of Commissioner Breska and
he would also support a five (5) member Planning Commission.
Councilman Dunin agreed with the removal of Commissioner Breska and he too would
be supportive of a five member Planning Commission. While he supported the
removal of Commissioner Breska from the Planning Commission, he felt the man
had contributed much to the community, was a good Planning Commission member,
but apparently his private and family life did not allow him to attend the
Planning Commission meetings and take part.
1
1
1
City Council Minutes
August 5, 1980 - 7:30 p.m.
Page 7:
Councilwoman Billig agreed with the removal-of Commissioner.Breska from the
Planning Commission for non - attendance. She stated that this had nothing
to do with his actions when he was on the.commission; it was only the fact
that his constant absenteeism made the rest of the Planning Commission's
work suffer.
On motion of Councilman Bond, seconded by.Councilman Dunin,.that.the City
Council hereby.take formal- action .and.remove Commissioner Breska from the
Planning Commission. Motion carried.. All Ayes.
City Clerk was directed to prepare a letter for the Mayor to Commissioner.
Breska and also to-advertise for replacement on.:the Planning.Commission for him.
19. Tom Schumann appeared before.the ... City Council asking the City Council
to initiate a charge or tax.on..every real estate commission made within the
city of San Luis Obispo and that this charge or tax be placed into a special
account for the purpose of obtaining-open space for the city. He felt that a
10% portion of a real estate salesman's commission to the city.would allow
the city to develop large sums of money to purchase open space to protect the
hills and the valleys.
Mr. Schumann was asked if he had proposal or what the legal steps would be.
He replied:that he had--no proposal but it.was just'.his idea and he hoped that the
City Council would direct the staff to prepare such a proposal. 1.
Councilwoman Billig again reviewed_.for.the council their prior decision.that
.nothing should be placed on the council's agenda unless sufficient background
and well- defined information-were-submitted with-the proposal for the council's
consideration which would include the how,_.wheri and methodology to implement
these programs.
Councilman Bond:? stated he was.opposed.to Mr. Schumann's proposal. He listed
other ways for the city to acquire funds to protect open space in the city.
The matter was received an-d'. filed unless additional information-came forward
on implementation of this tax.
20. City Council considered-an agreement between the city and the County
of�San Luis Obispo.for -use of'a special vehicle for juvenile delinquency prevention
and equipped for such purposes only to'be used by the county and /or the cities
within the county. ...
Captain Englert.and Sergeant Orback..of..the Juvenile Delinquency Prevention Program,
reviewed how this car would be used and how it would be equipped to help juvenile.
delinquency prevention.
On motion of= Councilman Bond, seconded:by..Couricilman Munger, the-following
resolution was introduced: Resolution.. No. 4226 (1980 Series), a resolution of
the Council of the City of San Luis Obispo approving an agreement between the
City and County of San Luis Obispo for a special vehicle for Juvenile Delinquency
Prevention. Passed and.adopted on.the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
None
None
There being no further business to come before:the City Council, Mayor Cooper
adjourned the meeting to 4:00 p.m. Wednesday, August 6, 1980.
COUNCIL - APPROVED MINUTES ON: 8 /19/80
J.)OPPit2Fpaerick, City Clerk