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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