HomeMy WebLinkAbout04/07/1981City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Two
E -1. The City Council considered a resolution in recognition and
in memory of school crossing guard Molly Lopez who passed away while on duty
on March 25, 1981.
On motion of Councilman Settle, seconded by Councilman Dunin, the following resolu-
tion was introduced: Resolution No. 4447 (1981 Series), a resolution of the City of
San Luis Obispo expressing the city's gratitude and appreciation to crossing guard
Molly Lopez for her dedicated service to the city of San Luis Obispo and its
citizens.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
1. Presentations by the BIA welcoming the 1981 -1983 City Council.
Bob Corcoran, representing the Business Improvement Area, was joined by the
Easter Bunny in congratulating Melanie Billig to her election as Mayor and wishing
the City Council a Happy Easter. He said the BIA feels the citizens are taking
more interest in what goes on at City Council meetings, and added that the BIA has
taken out advertisements in the Telegram- Tribune and KCPR -FM radio to urge more
citizen participation in city government. He announced that Beth Law, Manager
of Law's Hobby Center, has been named Citizen of the Year for 1981.
Marcel Cote, Chairman of the Business Improvement Area, read a letter from the
BIA extending congratulations to Melanie Bilig and a very successful and productive
term in office. He said that the BIA values close working relationships in the
spirit of cooperation with the City Council.
Mayor Billig thanked the Business Improvement Association for their appreciation
and dedication.
2. The City Council considered applications for City Councilmember
to fill vacancy created on April 1.
Mayor Billig explained the procedure that was adopted at the last council meeting
to fill the vacancy. She said that an advertisement was run in the Telegram -
Tribune asking interested persons to submit a petition with 20 signatures of
registered voters, and a 200 -word statement of why they should be appointed to the
council. She said that two applications have been received with written statements
submitted by members of the public in support of those persons. She said that
the council would hear a three - minute talk by the applicants, and would also allow
three minutes for two people in support of an individual and two people who might
be opposed to a particular individual.
Glennadeane Dovey stated that
council was familiar with her
in the past. She said she fe
people who would like to have
address questions to her with
as a council member.
-she did not prepare a three - minute speech because the
qualifications and she has attended council meetings
als that she has the support of a minimum of 3618
her on the council, and left it to the council to
regard to her thinking or as to how she might respond
Douglas Jones thanked the council for their consideration of his appointment and
notwithstanding the fact that he feels he could do a good job; he said that after
a long and pleasing discussion with Mrs. Dovey he decided to withdraw his
application. He said that he did not vote for her in the election but wished her
luck for the next two years on the council.
On motion of Councilman Settle, seconded by Councilman Dunin, that Glennadeane
Dovey be- appointed to fill the vacancy, term to expire on 12/1/83.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Three
Motion passed on the following roll call vote:
AYES: Councilmembers Settle, Dunin, and Mayor Billig
NOES: None
ABSTAIN: Councilmember Bond
ABSENT: None
Councilman Bond stated that he supported Mrs. Dovey's election and thought.that
the third - highest vote getter should have been seated. He abstained for that
reason.
Mayor Billig asked Mrs. Dovey to seat herself beside Roger Neuman, Police Chief,
for the remainder of the meeting.
Mayor Billig stated that Mrs. Dovey will be seated at the noon council meeting
on April 13, 1981. She stated that the purpose of the policy on how to appoint
the councilmember was to give the public a real opportunity to know how the council
will handle it. She respected Councilman Bond.'9 feelings on the matter but thought
that the question of the third,runner -up was a moot point, and that the.council
should pick the most valuable candidate.
3. City Clerk's certification of Referendum Petitions submitted
February 25 asking to repeal the following resolutions adopted by the City Council
on January 26, 1981:
Resolution No. 4383
Resolution No. 4384
Resolution No. 4385
Resolution No. 4386
Resolution No. 4387
Resolution No. 4388
(1981
(1981
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(1981
Series)
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Series)
Series)
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4448 (1981 Series), a resolution of
the City of San Luis Obispo repealing Resolutions No. 4383, 4384, 4385, 4386,
4387, and 4388 after consideration of a referendum petition protesting adoption
of those resolutions.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
4. Public hearing to consider adopting an Energy Element as
recommended by the Energy Study Committee and the Planning Commission.
Henry Engen, Community Development Director, stated that the Energy Advisory
Committee first introduced the draft in December of 1979. The council directed the
Planning Commission to consider the element by March 30 and forward a recommendation.
He stated that while the commission as a body has not recommended the element nor
reached a consensus on specific features, after a public hearing on March 25, 1981
the commission did vote 5 - 0 to forward the draft and the record of,the - public
hearing, which includes commissioner's individual comments and public testimony.
Steve Devencenzi, Route 3 - Box 115, and Chairman of the Technical Committee,
reaffirmed the committee's comments in that the people who worked on the draft
Energy Element all deserved praise for bringing it through four drafts, and
suggested that it still could be strengthened a bit.
Councilman Settle stated that the Energy Element was long overdue and appreciated
the efforts of the Technical Committee.
City Council Minutes
April 7, 1981 - 7:00 p.m. .
Page Four'
Councilman Bond thought the technical committee who rewrote the original draft
element in a brief period of time did an outstanding job, and thought that Lee
Walton's idea to have technical committees has worked well.
Councilman Dunin requested that as a result of the Draft Energy Element hopefully
being approved at this meeting, that some money be appropriated to implement some
conservation in the energy field, water conservation, etc.
Mayor.:.Billig added:: her thanks to the technical committee who have worked very
hard on the draft, and to Glenn Matteson who worked on weekends to put it
together on his own time. She also hoped that the council would in another
motion direct staff to begin implementing the ordinance, because many projects
coming before the city are not addressing energy elements at all.
Councilman Dunin requested that the Draft Energy Element come back for council
review in six months.
On motion of Councilman Settle, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4433 (1981 Series), a resolution of the
City of San Luis Obispo adopting an Energy Element of the General Plan, with the
condition that the council direct staff to initiate necessary ordinances to
implement the element and to bring back the Energy Element in six months for
review.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
In response to a question from Councilman Bond, Lee Walton reported the
Advisory Committee .would be defunct as of this meeting.
Mayor..'.Billig stated that it would be appropriate for staff to send the
Advisory Committee a letter of appreciation, and that the ordinances be
implemented so the city is aware of energy conservation, water conservation, etc.
5. A public hearing to consider an appeal by the Alpha Upsilon
Fraternity of a denial by the City Planning Commission of Use Permit No. U0852 -A
for property located at 1334 Palm Street.
Henry Engen, Community Development Director, stated that the Alpha Upsilon
Fraternity requested an additional 9 months to complete required conditions of
a use permit that was approved on May 28, 1980. The approved use - permit was
subject to 16 conditions, including the requirement that all conditions of approval
be met within six months (November 28, 1980). On February 11, 1981, the Planning
Commission, on a 5 -0 vote, denied the request for additional time and set a
hearing for April 22 to consider revocation of the use permit for non compliance with
conditions of approval. He stated that the applicant, Alpha Upsilon Fraternity,
is appealing the Planning Commission's denial of extra time to meet conditions of
approval. He said that the planning staff recommends the appeal be granted and
condition no. 13 of use permit U0852 -A be amended to read, "Conditions 2, 3, 4, 11
and 12 shall be met within on year (June 1981). All other conditions shall be
met within 2 weeks (April 21, 1981). He continued that after having done a site
inspection prior to this council hearing, that the applicants have made considerable
progress in dealing with the conditions of approval that are not large money
issues. He recommended continuance till the end of June, 1981, reiterating that
there should be an extension of time on the use permit.
Mayor Billig declared the public hearing open.
Mark Poindexter, past President of Alpha Upsilon Fraternity, referred to his letter
of April 1, 1981 to Mayor Billig requesting that the appeal be granted and
condition no. 13 be amended to read, "Conditions 2, 4, and 12 will be met by
October 31, 1981." He stated that they are requesting the additional time to
complete the requirements set forth as the result of Planning Commission
Resolution 1546 -80.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page 'Five
In response to a question from Councilman Dunin on how the fraternity was going
to raise the money to finance the requirements, Mark Poindexter explained that
they have already raised $900 of the amount needed to install the fence, that three
of the neighbors have been approached and asked to split the cost of the fence.
He continued that they are trying to obtain a third trust deed on the property.;
and that the Alumni Association is trying to refinance the total property.
Leonard Mehta, 1317 Palm Street, stated that the fraternity has been the very
best neighbors. He urged the council to give the fraternity a sympathetic and
considerate opinion, since he was a young man himself once and it was easy
to get a little loud at times.
Tom Schumann, 630 Perkins, stated that his parents live across the street from
the fraternity and that they have never had any problems with them.
Councilman Dunin stated that the positive comments made by the public should
weigh very heavily on the decision of the council. He said that on such occasions
as Homecoming and Poly Royal the rules should be relaxed. After a discussion
with Ron Schultz, Fraternity President, they agreed that the fraternity should have
a very strongly developed self - policing system. Councilman Dunin concluded that
he would be prepared to allow the extension of time on the use permit till
October 31, 1981.
Councilman Bond supported upholding the appeal, but was in favor of deleting
condition #6. He wasn't sure how it could be enforced, because the police get
called all over town when other people have parties. However, if it made a
difference in the fraternity getting their permit, he would go along with the
condition.
Councilman Settle favored upholding the appeal and granting the time extension
till October 31, 1981 since the fraternity had made substantial efforts to
comply with the requirements. It was his understanding that the City Council had
only to uphold the appeal and that the conditions can be handled by the Planning
Commission. He agreed with Councilman Bond's suggestion of omitting condition
#6.
Mayor Billig felt that the fraternity has made a good faith attempt in trying to
rectify past criticisms and comply with the conditions. Her recommendation
was not to change any of the Planning Commission conditions, and wanted to see
how the current conditions would be carried out in the next few months. She
continued that with regard to Poly Royal and Homecoming, the City could consider
being more flexible and that the council could go along with relaxing the rules
on those occasions after the October review.
On motion of Councilman Settle, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4452 (1981 Series), a resolution of
the City of San Luis Obispo upholding the appeal by the Alpha Upsilon Fraternity
of a denial by the City Planning Commission of Use Permit No. U0852 -A and granting
time extension through October 31, 1981 to comply with the conditions.
Passed and adopted on the following roll call vote:.
AYES: Councilmembers Settle, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
6. At this time the City Council held a public hearing to consider
a recommendation of the City Planning Commission to approve the tentative map
for Minor Subdivision No. 80 -163, to combine eight lots -into three lots and
reflect abandoned street located at 1500, 1508 and 1540 Marsh Street_; PO zone;
Contract Survey & Design, subdivider.
1
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Six
Henry Engen, Community Development Director, stated that this issue has been
before the City Council on two separate occasions and that this approval was
for the tentative parcel map to combine eight lots into three lots and reflect
the abandonment of a portion of Marsh Street between California Blvd. and San
Luis Creek. He stated that the Planning Commission, on a 3 -0 vote, recommends
the council grant approval of the tentative Darcel map for Minor Subdivision
No. 80 -163, subject to the conditions listed in the resolution to require a common
access driveway; to provide curb, gutter, and sidewalk across California Blvd.
frontage; and that the subdivider shall dedicate 6 ft. of frontage along the entire
California Blvd. frontage.
Dave Romero, Public Services Director, stated that if the development that was
presented,.:that _ is the Schenberger property, is included in the subdivision and a
dedication is made for both properties, he would have objections. He said that
if Mr. Schenberger wants to be dropped out that we exclude his parcel by
excluding the abandonment next to his parcel and requiring rights -of -way.
George Thacher, City Attorney, stated that there have been a number of suggested
modifications to the partial abandonment of Marsh Street northeasterly of
California Boulevard, and to the subdivision map which effectuates the abandonment.
He said that if any more or less of Marsh Street is to be abandoned than that
conditionally abandoned by Resolution No. 4264 (1980 Series), that the City
Council will have to adopt a second resolution of intention to abandon and go
through abandonment proceedings again.
Mayor Billig declared the public hearing open.
Barry Williams, 1867 Fixlini, representing the owner of Parcel 1, agreed with all
of the conditions and said he would like to see the whole street abandoned and made
into a nice development. He said that they did not realize the 6' setback condition
would be part of the obligation of Mr. Schenberger. He added that if the city were
to spend money to add landscaping and improvements to its half of the property,
that the city and each parcel owner would gain.
William Schenberger, 255 Chaplin, owner of the property at 1500 Marsh, thought
that Mr. Williams had a good plan for the project. He said that he appealed the
6' dedication requirement along California Boulevard and the Planning Commission
overruled it. He argued that if we dedicate 6' of property the sidewalk would
be no more than 4' from his windows which would cause more of a noise problem
and create a severe hardship. In trying to protect the interest of the property,
he respectively requested that that particular condition for his portion of the
parcel be dropped.
Charles Dickey, 1017 Islay, thought that for maintenance purposes the part of
Marsh Street that is to be abandoned could be a separate property.
After a short discussion on the drainage and access easements, Dave Romero stated
that it was the Public Services position that the property should be added and
the city should go through with the proper abandonment. However some reference
should be made in securing the easement in parcel #1 and he was not sure what
could be done with parcel #2. He had no problems with approving the bondings and
deleting condition A.
Councilman Settle thought that including the property would not affect the widening
of the street in the future. He
had no problems
in supporting the staff
recommendation.
Mayor Billig supported approving
the tract map as
submitted. She thought that any
differences or concerns could be
ironed out with
Dr. Schenberger.
Councilman Settle would support
a motion to approve
the map as recommended and not
try to subdivide. He said that
it would be many
years before widening is a real
possibility.
City Council Minutes
April 7,1981 - 7:00 p.m.
Page Seven
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4434 (1981 Series), a.resolution of
the City of San Luis Obispo granting approval of tentative map for Minor
Subdivision 80 -163 located at 1500, 1540 and 1508 Marsh Street. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
7. Public hearing to consider a City Planning Commission
recommendation to approve the tentative map for Minor Subdivision No. 81 -15,
to combine two lots into one lot located at 1901 Santa Barbara Street; C -H
zone; James Mark Collins, subdivider.
Henry Engen, Community Development Director, stated that the proposed .tentative
map is for the Del Monte Grocery Store site at 1901 Santa Barbara Street which
contains an existing residence and the store, with a lot line separating the
two parcels. The tentative parcel map is to combine two lots into one lot at
the southwest corner of Upham and Santa Barbara Streets. He said the Planning
Commission, on a 3 -0 vote, recommended the council adopt the draft resolution
granting approval of the tentative parcel map for Minor Subdivision No. 81 -15,
subject to findings and conditions listed in the resolution. He stated that the
applicant had no problems with the conditions and would go along with the approval.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4435 (1981 Series), a resolution of
the City of San Luis Obispo granting approval of tentative map for Minor Subdivision
81 -15 located at 1901 Santa Barbara Street.
Passed and adopted on the following roll call vote:
AYES: Council-members Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
8. Public hearing to consider a recommendation
of the City Planning Commission to approve the tentative map for Tract No. 966
to create five lots from one lot (deep lot subdivision) located at 575 Cerro
Romauldo; R -1 zone; D. & D. Bolduan, subdividers.
Henry Engen, Community Development Director, stated that the tentative tract map
is for an R -1 area across from Teach School on the south side of Cerro Romauldo
Avenue between Ferrini Road and Cuesta Drive: He said the Planning Commission, on
a 3 -0 vote, recommended the council adopt the draft resolution granting approval of
the tentative map for Tract No. 966, with a negative declaration on environmental
impact subject to' findings and conditions listed in the resolution. He noted
that lots 3, 4 and 5 are sensitive sites with any development on the lots
requiring Architectural Review Commission approval; and that drainage and sewage
would be back towards Foothill Boulevard on private easements. He said that the
other conditions are fairly routine.
In response to a question from Councilman Dunin, Henry Engen stated that an
arrangement would have to be resolved between the property owners and if they
can't work it out it would have to come back to the council for a different
solution.
Mayor Billig declared the public hearing open.
David Bolduan, owner of the property, believed that an equitable solution with
the adjoining property could be worked out with all the other conditions.
Mayor Billig declared the public hearing closed.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Eight
Mayor Billig thought that the trees on the property should be protected and kept
on the property, especially the fig tree. She questioned with regard to condition
#2 if the common driveway width of 20 feet wasn't a bit excessive.
Dave Romero, Public Services Director, responded that the standards are somewhat
varied; that one lot in the rear is usually 16' and if there are several families
the policy has been for a wider driveway.
Councilman Settle supported strengthening condition no. 11 on the staff report in
some manner.
Mayor Billig reiterated that she would like as many of the existing trees protected
and that the fig tree be preserved. She was satisfied with Dave Romero's response
on condition #2.
On motion of Councilman Settle, seconded by Councilman Bond, the following resolution
was introduced: Resolution No. 4436 (1981) Series, a resolution of -the City of
San Luis Obispo granting approval of tentative map for Tract No. 966, located at
575 Cerro Ramauldo Avenue.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
9. Public hearing to consider a recommendation of the City Planning
_Commission to rezone property located at 1025 and 1045 Foothill Blvd. from PO
(professional office) to R -4 (high density residential); City of San Luis Obispo,
applicant.
Henry Engen, Community Development Director, stated that after a public hearing
on February 25, 1981, the Planning Commission voted 5 to 0 (2 vacancies) to
recommend approval of the rezoning from PO (professional office) to R -4 (high -
density residential).
Wayne Thomas, 1470 Tanglewood, stated that he has a dental office on the corner of
Casa and Foothill and objected to changing the zoning from PO to R -4, because
a higher density would cause parking problems on Casa and Deseret Place. He is
planning to expand his office at 1045 Foothill Blvd. so would like to keep the
property zoned as PO. He said that the whole block is zoned PO and if the
city wanted to make two lots R -4 it would just be spot zoning in his opinion..
Mayor Billig stated that there is a predominance of student housing that faces
on Foothill, that there was a decision by the Planning Commission and City Council
to keep the area PO some months ago; now it has come up again and the Planning
Commission has decided to recommend R -4.
D. Smith, 1085 Foothill, said that the only question he had was the change in
the General Plan which allows such a high density. He said there was definitely
a parking problem.in the area on Casa and Deseret Place.
Councilman Settle supported the R -4 zoning on the parcel.
Councilman Dunin commented that if the city zoned the area R -4 the possibility
of the expansion of the dental office would not be protected.
On motion of Councilman Bond, seconded by Councilman Settle, the following
ordinance was introduced: Ordinance No. 880 (1981 Series), an ordinance of the
City of San Luis Obispo amending the official zone map of the city to rezone
property at 1025 thru 1045 (odd) Foothill Blvd. from PO to R -4.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Nine --
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Bond, Settle, Dunin, and Mayor Billig
NOES: None
ABSENT: None
10. The City Council held a public hearing to consider amending
Municipal Code Section 9300, Official Setback Lines, to change the setback
line on Higuera Street between South Street and just south of Madonna Road;
City of San Luis Obispo, applicant.
Dave Romero, Public Services Director, stated that in 1968 the city adopted a
setback line on South Higuera Street between South Street and a point south of
Madonna Road intersection. He said that last summer, the City Council reviewed
an engineering report and recommendations and certified the accompanying EIR for
the improvement of Higuera Street. The Council directed that city staff proceed
with implementation of the recommendations of the engineering report. He
continued that recommendation number one was to modify the building setback line
maps for Higuera Street from South Street to a point south of Madonna Road.
In accordance with Municipal Code, Section 9300, the Planning Commission held a
public hearing on February ll,: 1981 to consider this modification. There was no
public testimony submitted and the Planning Commission made no recommendation on the
project. He.xecommended that the City Council adopt the modified setback line.
Mayor Billig declared the public hearing open.
No one appeared for or against this item.
Mayor Billig declared the public hearing closed.
On motion of Councilman Settle; seconded by Councilman Dunin, Ordinance No. 881
(1981 Series), an ordinance of the City of San Luis Obispo amending (1) the official
setback line as designated on the map "Official Building Setback Line for South
Higuera Street - Marsh Shreet to Madonna Road," and (2) Section 9300.4.13 of the
San Luis Obispo Municipal Code to reflect the amendment of that map. Motion carried.
Introduced and passed to print on the following roll call vote:
AYES:
NOES:
ABSENT:
11.
Commission to ap
lot and to allow
Strong, owner;
Councilmembers Settle, Dunin, Bond, and Mayor Billig
None
None
The City Council held a public hearing to consider the following:
A. An appeal by Lee Schultz of a decision of the
e Use Permit No. U0928 to
=site narking located at
house to a
Olive Street; C -T zone, Robert
B. Request of Rob Strong to modify condition on Council's
determination to abandon a portion of Olive Street between Osos Street and 1
Stenner Creek; and
C. Recommendation of the City Planning Commission to approve the
tentative map for Minor Subdivision No. 80 -155 to combine 8 lots into 4 lots
located at 920, 950 and 978 Olive Street; C =T zone, Hempenious, Schultz, Herrera
& Nelson, subdividers.
Henry Engen, Community Development Director, reviewed the aforementioned items
and recommended that the council hear testimony on them as one entire package.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Ten
11 -A. He stated that on March 11, 1981, the Planning Commission
approved the use permit on a 4 =..0 vote, subject to 11 conditions. Mr. Lee Schultz,
an adjacent property owner, is appealing the granting of the use permit on the
basis that the zoning ordinance requires a minimum lot size of 20,000 sq. ft.
minimum lot frontage of 100 -feet, and this project site does not meet those
requirements for the intended use. Henry Engen stated that the zoning ordinance
allows a non - conforming lot to be developed subject to approval of a use permit by
the Planning Commission; and that the commission approved off -site parking in
approving the use permit and attached Condition No. 2 requiring a total of 10
parking spaces and Condition No. 10 which deferred precise site plan approval to
the Architectural Review Commission. The ARC will again review the project on
April 6; 1981 for consideration of final approval, including parking which meets
city standards. Planning staff recommended that the appeal be denied and the
Planning Commission's action to approve the use permit be upheld.
11 -B. Henry Engen stated that on May 20, 1980, the council reached a
consensus to abandon the subject portion of Olive Street. He said that Mr. Strong
must move the house from county property before May 1, 1981 and had a concern that
all property owners may not sign the final subdivision map as required. He asked
the council not to require a subdivision map as a condition of street abandonment.
Henry Engen continued that the council has several options, as follows: 1) re- affirm
previous action taken to abandon the street right -of -way concurrent with approval of
a final subdivision map; 2) take.a new action to abandon only a portion of the
street right -of -way; 3) take a new action to abandon the street right -of -way without
the requirement of a subdivision map; or 4) take a new action to rescind previous
action to abandon and not abandon the subject right -of -way.
He said that Public Services and Community Development staffs recommend Options 1,
3 or 4, in that order; and recommend that Option 2 is not acceptable.
11 -C. Henry Engen stated that the Planning Commission recommended the
council adopt the draft resolution granting approval of the tentative parcel map
for Minor Subdivision No. 80 -155 to combine 8 lots into 4 lots and reflect
street intended for abandonment located on Olive Street, west of Santa Rosa Street.
�Y
Allen Grimes, Attorney representing the appellant, Lee Schultz, and the owners of
the adjacent parcel spoke on their behalf. He said the appellant has a lawful site
-and a house that is not a historical monument. He continued that the environmental
report says that the buildings in the area are commercial and contemporary and
argued that it would be incongruous to put the building there. He cited Municipal
Code Section 9200.417.1 which states that a use permit must be accompanied by
findings; and said that he didn't see any findings or material which would support
those findings in the resolution. He continued that the property does not meet
the minimum width requirement of 100 ft. nor does it meet the standard of parking
as outlined in the Zoning Regulations. Mr. Grimes notes that it was interesting
that you could abandon a street primarily for one property owner and said that the
abandonment must be primarily for the benefit of the citizens and the welfare of
the city. After having done some research at City Hall, he said that the city does
not have one of the elements that the state law requires, the Scenic Element,
governing code section 65302 -301 -; that if we don't have an element we don't have a
plan. In his concluding remark on behalf of his clients he urged the City Council
to reconsider the factors he discussed and at the very best the requests should be
referred back to the Planning Commission for more - study. He recommended denial
of Items 11 -A', 11 -B, and 11 -C on the agenda.
George Thacher, City Attorney, clarified that Attorney Grimes was correct in that
1 the Municipal Code requires that findings and conclusions are to be made by the
legislative body in every decision which is not a legislative act. The findings
and conclusions contained in the Planning Commission resolution which denied the
appeal are findings which are required by the Municipal Court to determine that
use permit ought. -to be granted. He said those findings and conclusions are founded
on material in the agenda packet.
With regard to the abandonment, George Thacher stated that Attorney Grimes was
correct in cases where it is determined that the primary purpose for the abandon-
ment is to accommodate a private property owner, then it becomes an adjudicatory
manner. The determination whether the primary purpose is for the benefit of the
public agency and the street is no longer needed for public purposes should be
made by the council.
Councilman Dunin asked Henry Engen if the Scenic Element was mandatory.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page.Eleven
In response to Councilman Dunin:'s question, Henry Engen replied that a 20 percent
improvement bond would be required of the applicants.
Rob Strong gave some background on the history of the building and reiterated his
feeling that the building deserved restoration and that the city would benefit
by a turn-of- the - century bed and breakfast hotel. He said that they were
extremely fortunate to find what they now believe is the best and most appropiate '
site for the building between the Homestead and the Olive Tree. He reviewed the
processes he had been through in obtaining the proper approvals from the city
for the use permit, variance and ARC approvals. He asked that the tentative map
be approved, and added that he would be installing whatever improvements the city
imposes. He asked the council to try to understand the history of the building
in finding it compatible, appropriate, and architecturally suitable to the site;
and that they will consider the time predicament he is in as a result of county
courthouse construction deadlines.
Penny Rappa, representing the Old Town Neighborhood Association, stated that from
its conception they have encouraged the project and have endorsed the moving of the
building. She supported the concept that buildings that face demolition can be
brought to a new use. She said that the site location is within reason to move
the building, even though it is not a compatible zone as far as the type of use it
is being used for. She continued that there are three or four other projects in
the city which are not being looked at for a new use, and would encourage the
City Council to endorse the project and let the building be put to a new use.
Kathy Strong.-told the council that she and her husband would not be living in
the building but that it would be a family -run operation. She said there would be
a part -time manager who would have his own quarters, for security purposes. She
continued that they are not gutting the building; they will simply be renovating.
She said the cunty has already removed certain walls, and that they will be adding
wallpaper, antiques thereby maintaining a feeling of a turn-of- the - century village.
Peg Pinard was impressed with the thought, consideration, and time that Mr. '
Strong has devoted to the project. She said that perhaps with the decision the
council makes, that people considering moving a building won't decide to demolish_.it.
Valerie Hendrix stated that she had an interest in old buildings and that it was
impportant that this request be approved because of the lack of time in finding
another site.
David Garth, Manager of SLO Chamber of Commerce, stated the Chamber of Commerce
has just adopted a long -range plan which includes the preservation of the
historical character of SLO, which is important to the business and economy of the
city. He said that this project fits in well with the long -range plan: He con-
tinued that the Chamber has researched the Bed and Breakfast concept and basically
it is a positive trend leading to more rooms in the community.
Curtis Longacre, Coachman Inn, was concerned about his public access to the creek
and the parking. He felf that that corner was dangerous for people traveling
at 30 to 40 miles an hour and would continued to be so for people trying to get
into the parking on the parcel.
Henry Engen responded to Mr. Longacre's concern on the question of access. He
agreed that public easements to access and drainage to the creek have been
somewhat vague._ He said that there was no provision except for a 12' accessway
down to the creek, which was intended primarily for a maintenance vehicle.
In rebuttal, Attorney Grimes wanted to make it clear that anybody who purchases
this.project do it in accordance with the law. He said the Municipal Code
provides for a 24 ft..minimum backing space parking requirement. In the future
if the council approves the project he would suggest that they add a condition
to the effect that after a hearing if the proposed development has become a
nuisance or incompatible to the area it will be subject to the entire house being
removed.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Twelve
Ralph Lenger, 396 Lincoln, believed that his question on access to the creek had
been answered. He recommended that the creek be left as a free - flowing creek
which does not become stale, stagnant, and stinking during the summer months, is
a very valuable resource which people enjoy. He said that there was very little
spoilage of it and that the creek should not be tampered with. He felt that the
bed and breakfast concept had been resolved.
Steve Patterson, 1737 Sydney and owner of a business at 1055 Olive Street,
supported the project with the right findings to justify it. He said the
abandonment has been a concern of the city for a number of years, and he had a
conflict with the property owners in..getting done what they intended to get done
there.
Helen Herrerra, 382 Linden, supported Rob Strong's request.
Councilman Dunin questioned whether the hotel as stated actually answers to the
building code requirements. He felt that inasmuch as the building does not fall
under the historical building code, that in relocating it it should be brought
up to meet prevailing building codes. After having inspected the building, he
concurred that it is a sound structure and will not require any major structural
changes, but that certain amenities will have to be provided. He said that if
the building conforms to the present codes when the project is completed he would
support it.
George Thacher, City Attorney, cited a.similar case with the City of E1 Toro which
dealt with a section of the Government Code that no building permit be granted for
the subdivision unless consistent with the open space plan. In E1 Toro the sub-
division was approved and the court found that the city had no open space plan
and that city was not in a position to approve it. He said the Government Code
has no similar sections dealing with other elements of the General Plan which
would prevent the city from granting the approvals requested tonight.
Councilman Bond asked the city attorney if the city was within the legal rights to
deny the appeal.
George Thacher replied that it would be legal not to require a :final parcel map,
and that if the use permit was granted he would prepare a resolution to that effect.
Councilman Bond concurred that if at all possible the city should make every
effort to go along with the intended use for the house on this property. He
thought this was an outstanding way to save our historical character; he would
support going along with the request.
Councilman Settle favored the removal on condition #1 which states the map will be
corrected, which would resolve the nroblem of moving the house. He thought the
street should be abandoned and noted that some good points had been raised with
regard to the building improving the neighborhood and the historical value of it
would be a benefit:to the property. He would support the request on the condition
that the hotel have a 30 -day occupancy limit.
Councilman Dunin had no problem with the concept, but did have problems with the
procedure. He referred to a similar case a couple of years ago -with a sorority
house on Higuera Street where the previous council was crucified because the
procedure was going too slow. He was concerned about the time constraints and
would rather see the city give the permit to the house and proceed with less haste;
that this is something completely new and nobody will know what we will incur
later on. For example, the hotel will only be occupied fully for three months,
nine months out of twelve. He had a problem with the bedroom next to the kitchen.
He wanted to preserve the house and would be willing to go along with the resolution
to adopt until other problems are resolved.
Councilman Bond stated that with regard to the occupancy, he supported the concept
of the three -month occupancy. With the Higuera Street property, it was a case of
the letter of the law vs. the intent of the law; and on this property he felt we
could work with the citizens on it.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Thirteen
Mayor Billig felt that the project was excellent and would be a tremendous
credit to the community. She said that until the city adopts a Historical
Architectural Element we will continue to have problems implementing the
building code. She thought the demolition ordinance needed substantial
strengthening. She would go along with the 30 days as the maximum length
of stay for visitors.
11 -A On motion of Councilman Settle, seconded by Councilman Bond,
the mayor was authorized and directed to sign a resolution (No. 4449 - 1981
Series) on behalf of the council denying an appeal of a decision of the City
Planning Commission to approve Use Permit No. U0928 to move a house to a non-
conforming and to allow.off -site parking located at 978 Olive Street; and
approving use permit as amended to require a 30 day occupancy limit and land-
scaping. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
11 -B. On motion of Councilman Settle, seconded by Councilman Bond,
the mayor was authorized and directed to sign a resolution (No: 4453 - 1981
Series) on behalf of the council to abandon a portion of Olive Street between
Osos Street and Stenner Creek. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
11 -C. On motion of Councilman Settle, seconded by Mayor Billig, the
mayor was authorized and directed to sign a resolution (No. 4437 - 1981 Series)
on behalf of the council of the City of San Luis Obispo granting approval of
tentative map for Minor Subdivision 80 -155 located at 920, 950 and 978 Olive
Street. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilman Settle, Mayor Billig. and Councilman Bond
NOES: Councilman Dunin
ABSENT: None
12. Council consideration of Proposed Strategy -for new Zoning
Regulations (conies of proposed regulations previously sent to Council).
Henry Engen, Community Development Director, stated that the Planning Commission
has been working on new zoning regulations for about one year. Starting with
a staff- prepared draft which attempted to streamline processing, cover topics
absent from the present regulations, and achieve greater consistency with the
general plan, the commission brought to hearing a draft which would have also
changed basic policies on residential density and categories of land use. He
said a draft environmental impact report and responses to comments have been
prepared. On March 4, 1981, part -way through hearings on the draft regulations,
the commission decided unanimously (2 positions vacant) to forward the:draft as
it ten existed to the city council. Commissioners indicated their continued
work on the regulations would not be productive, considering the expected
preferences of the newly elected council. Commissioners also said if the council
refers all or part of the regulations back, the referral should include policy
direction. He stated:.that staff's recommendation would be to eliminate the basic
conflicts at a study session, before taking it to a public hearing.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Faurteen
Councilman Dunin didn't agree to rewriting what represented a year's work on the
Zoning Regulations; but was in favor of getting recommendations -on the conditions
and provisions of the zoning ordinance and then have the council make the
ultimate decision for adoption. He thought that it was an unhealthy situation
that the Planning Commission has forwarded the draft with no recommendation.
Mayor Billig stated that by law the city can only hold three hearings on the
General Plan in one year. She said that it is not a question of what the Planning
Commission has advised, council will consider it, but was more of a question
of making the ordinance and the General Plan compatible. She thought the
terminology could be improved upon, stated that in considering the zoning
ordinance for adoption, the city council will be looking at the Planning
Commissions's comments as well as staff's comments.
Mayor.Billig declared the public hearing open.
Vic Montgomery agreed with Councilman Dunin in that the council has an obligation
to review at least the ideas generated by the Planning Commission, as part of a
consideration of the ordinance. He said whether or not the council agrees with
the recommendations is irrelevant.
Dottie Connor, a member of the League of Women Voters, stated that she has
been watching the Planning Commission's comments and thought it was only fair
that staff recommendations be considered just as much. She thought that all of
the recommendations plus the public hearing should be given equal weight in the
adoption of the ordinance.
Councilman Settle requested that the language of the ordinance be brought into
consistency with the General Plan. He found that it should be referred to staff
to look for alternative language for rewrite to eliminate conflicts with the
General Plan, and then have the ultimate version taken for a public hearing.
On motion of Councilman Bond, seconded by Councilman Settle, to refer back to
staff for preparation of alternate draft of the Zoning Regulations which would
eliminate conflicts with General Plan and bring back to Council to include one
representative from the Planning Commission for Study Session at noon, Monday,
May 4, 1981. Motion carried.
Passed on the following roll call vote:
AYES: Councilmembers Bond, Settle, and Mayor Billig
NOES: Councilmember Dunin
ABSENT: None
13. City Council considered a resolution approving a grant
application for Project Award under Title III of the Older Americans Act.
Lee Walton, Administrative Officer, recommended that the.proposal to apply for
Federal grant to fund certain services for senior citizens in San Luis Obispo
County be adopted authorizing filing of application, if terms and conditions of
grant.are acceptable. He continued that the services include in -home services
(homemaker, home health aide, etc.), information and referral, and legal services;
and that these programs could be provided throught the San Luis Obispo Senior
Citizens' Center and Anderson Hotel primarily through the utilization of
trained volunteers. He said that a preliminary application has been filed and
submitted for the council's consideration, and that the deadline for filing is
April 15. He said that Mr. Royer was present to answer any questions.
Neal Royer, Senior Advocate, referred to his memorandum -of April 7, 1981 outlining
the advantages and disadvantages of the program and stated that the City
Administrative Officer has been an ambudsman who understands the needs of the
senior citizens; and that the city has staff who have experience in working with
the senior citizens:. He said that the program would require absolutely no
expenditure of monies, and recommended that the city make application for the
monies. He advised that the city should proceed with the clear understanding
that at the end of the year the city would have no obligations. He reiterated
that the grant may or may not be awarded.
1
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Fifteen
Councilman Dunin was supportive of the proposal. .
Mayor Billig stated that she had a problem with having to provide more social
services to people who live outside the city.
On motion of Councilman Bond, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 4438 (1981 Series), a- resolution 1
of the City of San Luis Obispo-approving a grant application for project
award under Title III of the Older Americans Act; that.the City Administrative
Officer be authorized to sign and submit application and that the matter be
referred to study session for consideration in more detail. .
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Settle, Dunin, and Mayor Billig
NOES: None
ABSENT: None
14. City Council took into
d maintain a
o extend
Tenant Inspection Services from Mayl, 1981 through.June 30, 1981.
Jackie Megow, Human Relations Commission Program Coordinator,
Human Relations Commissions is requesting an extension of the
establishes the tenant - landlord inspection service. She said
runs through April 15, 1981 and recommended continued support
$2500.00 to the HRC FY 1980 -81 budget to extend the LTIS grog
June 30, 1981.
t with
an
stated that the
resolution which
the - current contract
by-anpropriating
ram through
Councilman Dunin said that he thought the job that Mr. Jones was doing was
commendable, but that if the project was not self- supporting at.the end of
the funding period he would ba against it..
Lee Walton, Administrative Officer, added that one of the conditions of the
proposal was an evaluation of the program at the end of the funding period.
Mayor Billig said that this was a good program, but that when the council has
given direction that there was to be an evaluation it would have been helpful
if that had been provided.
Councilman Bond agreed with Mayor Billig's comments.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was.introduced: Resolution No. 4439 (1981.Series), a resolution
of the City of San Luis Obispo approving Agreement No. 2 between the.City
and Emlyn. -G. Jones to organize, promote and maintain a program known as
landlord /tenant inspection services from May 1, 1981 through June 30, 1981,
with a stipulation that an evaluation be done at the end of the funding period
to determine if the program will be self- supporting.
AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
15. Council consideration to extend or solicit proposals fof golf
course pro and-consessionaire contract - for - Laguna Lake Golf'Course.
I
I
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Sixteen
Jim Stockton stated that the city's agreement with Mr. Kober for Pro - Manager and
Concession Operator at Laguna Golf Course expires March 31, 1981 and recommended
that: 1) a short -term agreement (not to exceed three months) be negotiated with
Mr. Kober to continue services at the course; 2) during this period, proposals
be solicited from other interested course managers, including Mr. Kober; 3), all
interested persons who meet criteria be interviewed to determine that proposal
which is in the best interest of the city; and 4) while personnel matters are
underway, staff investigate daily green fees and other types of memberships to
determine if fees at the Laguna Course conform with the surrounding area. He
added that since the golf course has been under city control for the past 9 months,
it has operated without the income figures for green fees. He stated that the
income figures for green fees are up approximately 45 percent in the last year
and that there has also been an increase in the percentage that the city gets
from concessions, up 100% according to figures from the Finance Department..
He. continued that there are conflicts of personalities at the golf course, and
that during the month of April he would like to investigate other courses but
felt that the city was not going to get a better contract than the one that is
already in existence.
Councilman Bond agreed with Mr. Stockton especially with the other courses
going up in fees, but that if there are personality conflicts he was not sure
if staff should authorize alternative proposals. He felt that the existing
contract could be reviewed in a few months.
Lee Walton recommended that the city open competitive bids to get an idea of
what the merit is of the other applicants, and providing the city an opportunity
to check on the quality and determine whether we are getting a fair return.
Councilman Settle supported Mr. Walton's statements of getting some alternative
options with a month to month extension to June 30.
Councilman Dunin recommended
month to month basis with an
advertise for bids and enter
that the city extend the
evaluation in 6 months.
into a proper three -year
existing contract on a
At that time we would
contract.
On motion of Councilman Dunin, seconded by Councilman Settle, the following
resolutions were introduced: Resolution No. 4450 and 4451; resolutions of the
City of San Luis Obispo approving agreements for 6 -month extension of golf
course pro and concessionaire contracts; and that staff be authorized to prepare
RFP's during this time to bring back to Council.
AYES: Councilmembers Dunin, Settle, and Mayor Billig
NOES: Councilmember Bond
ABSENT: None
Councilman Bond thought:that there would continue to be personality problems at
the golf course since Mr. Kober does not know if he will get the job, so would
vote against the motion.
16A. Council's consideration of restriping of California Blvd. from
Phillips Lane to Monterey Street, resulting in the removal of parking.
16B. Consideration of changing the striping on Santa Rosa Street to
allow for bicycle lanes (parking prohibited).
Dave Romero stated that the proposal was to restripe
Blvd. between Monterey and Peach Streets, resulting
He said that there are several left -turn pockets and
consequently traffic travelling through has to weave
pockets. He continued that the parking is for the 1
on Santa Rosa Street and that the traffic is buildin
already awarded a contract for thermos plastic stripi
staff's recommendation to restripe the street to pro
turn lanes and bicycle lanes.
the portion of California
n the removal of parking.
areas of red zone curbs;
around the left -turn
residences and 4 businesses
up and the state has
g. He said it was the
ide for continuous left
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Seventeen
Mayor Billig asked why the matter wasn't.brought up earlier so the city could
give the property owners the benefit of at least being able to respond.
Lee Walton responded that the property owners had been given notice.
Councilman Dunin suggested that something should be resolved with the county
before any of the parking is removed.
Councilman Bond said that he would like to have some public input..
Mayor Billig agreed with Dave Romero's comments about the traffic problem.
She said that California Street is still a residential street and it would
cause a severe hardship on the people living in the area.
16A. On motion'of Councilman Settle, seconded by Councilman
Bond, to continue-this-item to April 21 to give adequate notice to property
owners. Motion carried:
AYES: Councilmembers Settle, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
16B. On motion of Councilman Bond, seconded by Councilman Dunin,
the following resolution was introduced: Resolution No. 4454 (1981 Series), a
resolution of the City of San Luis Obispo approving removal of parking on
Santa Rosa Street. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Settle, and Mayor Billig
NOES: None
ABSENT: None
17. _City Council consideration of plans and specifications for
"Traffic Signal Upgrading ", Santa Rosa and Marsh Streets, City Plan No. E -39,
bid estimate $6.600 without contingencies.
Police Chief Neuman stated that if the city doesn't install the traffic signals
that we will have a tremendous amount of lawsuits; there have been six citizen
complaints already, two of which have come from attorneys.
Councilman Dunin asked if there were any plans to put some better lights on
South Higuera and Tank Farm Road. He thought that we should put something
in the budget for that.
Dave Romero responded that the signal was justified in the CIP for this year;
it is just waiting for approval.
On motion of Councilman Settle, seconded by Councilman Dunin, to approve the
plans and specifications for "Traffic Signal Upgrading" and that staff be
authorized to call for bids. Motion carried.
Passed on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Eighteen
C -3. On motion of Councilman Settle, seconded by Councilman Dunin,
minutes for the following meetings were approved as amended: March 17, 1981 -
4:00 p.m.; March 17, 1981 - 7:30 p.m.; and March 24, 1981 - 12:10 p.m.
Motion carried, all ayes.
C =4'. Consideration of a resolution urging Co
Udall and the Nuclear Regulatory Commission to take care
residents from nuclear accidents.
an Morris
tectinQ local
Councilman Bond clarified the resolution intent that all the city is asking
for.is a low power testing license and not more hearings; that the testing
license-is just a safety procedure. He said that the NRC has a moral and
legal responsibility to protect the public, especially local citizens who
will be most affected by an operating nuclear plant. He said that PG &E employees
have their families living and working in the area and are also concerned about
its safety. He urged the council to take no action on the proposed resolution.
Will Ganghoff, Project Manager at PG &E, agreed with Councilman Bond's concerns
insofar as the evacuation plans were concerned. He thought the resolution should
be forwarded to the Board of Supervisors and the California Office of Emergency
Services, that it was misleading and counter to the public interest.
On motion of Councilman Settle, seconded by Councilman Bond, that Resolution No.
4440 (1981 Series), a resolution of the City of San Luis Obispo urging Congressman
Morris Udall and the Nuclear Regulatory Commission to take care in protecting
local residents from nuclear accidents, and direct staff to forward copies to
effected individuals. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle,. Bond, and Mayor Billig
NOES: Councilmember Dunin
ABSENT: None
There was some confusion as to who authored the resolution.
Councilman Bond responded that it was drawn up by a member of the public and was
rewritten by the City Attorney.
-Mayor Billig
it should be
as to who or
type issue.
C -5.
City Clerk.
advised that in the future if someone wants an item on the agenda
discussed with the council and staff first to avoid any embarrassment
iginated the item, especially when it is a very sensitive community
City Council's consideration of job description for position of
Mayor Billig directed Lee Walton, Administrative Officer, that by April 21, 1981
to draw up an appropriate job description for the City Clerk as it pertains to
the traditional duties of the City Clerk and the individual's responsibility.
On motion of Mayor Billig, seconded by Councilman Settle, that the CAO be directed
to return to the City Council by April 21, 1981 with a job description for the
City Clerk. Motion carried, all ayes.
C -1:_
On motion
of Councilman
Settle,
seconded by Councilman
Dunin,
claims against the city
for the month of-April,
1981 were approved
.and ordered paid subject to
the approval
of the
Administration Officer.
Motion
carried, all ayes.
C -2.
On motion
of Councilman
Settle,
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 Settle, seconded by Councilman Dunin,
minutes for the following meetings were approved as amended: March 17, 1981 -
4:00 p.m.; March 17, 1981 - 7:30 p.m.; and March 24, 1981 - 12:10 p.m.
Motion carried, all ayes.
C =4'. Consideration of a resolution urging Co
Udall and the Nuclear Regulatory Commission to take care
residents from nuclear accidents.
an Morris
tectinQ local
Councilman Bond clarified the resolution intent that all the city is asking
for.is a low power testing license and not more hearings; that the testing
license-is just a safety procedure. He said that the NRC has a moral and
legal responsibility to protect the public, especially local citizens who
will be most affected by an operating nuclear plant. He said that PG &E employees
have their families living and working in the area and are also concerned about
its safety. He urged the council to take no action on the proposed resolution.
Will Ganghoff, Project Manager at PG &E, agreed with Councilman Bond's concerns
insofar as the evacuation plans were concerned. He thought the resolution should
be forwarded to the Board of Supervisors and the California Office of Emergency
Services, that it was misleading and counter to the public interest.
On motion of Councilman Settle, seconded by Councilman Bond, that Resolution No.
4440 (1981 Series), a resolution of the City of San Luis Obispo urging Congressman
Morris Udall and the Nuclear Regulatory Commission to take care in protecting
local residents from nuclear accidents, and direct staff to forward copies to
effected individuals. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle,. Bond, and Mayor Billig
NOES: Councilmember Dunin
ABSENT: None
There was some confusion as to who authored the resolution.
Councilman Bond responded that it was drawn up by a member of the public and was
rewritten by the City Attorney.
-Mayor Billig
it should be
as to who or
type issue.
C -5.
City Clerk.
advised that in the future if someone wants an item on the agenda
discussed with the council and staff first to avoid any embarrassment
iginated the item, especially when it is a very sensitive community
City Council's consideration of job description for position of
Mayor Billig directed Lee Walton, Administrative Officer, that by April 21, 1981
to draw up an appropriate job description for the City Clerk as it pertains to
the traditional duties of the City Clerk and the individual's responsibility.
On motion of Mayor Billig, seconded by Councilman Settle, that the CAO be directed
to return to the City Council by April 21, 1981 with a job description for the
City Clerk. Motion carried, all ayes.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Nineteen
C -6. On motion.of Councilman Settle, seconded by Councilman Dunin,
the following ordinance was introduced: -Ordinance No. 882 (1981 Series), an
ordinance of the City of San Luis Obispo amending the San Luis Obispo Municipal
Code deleting section 9200.17.2.B.5, Board of Adjustments.use permit for sub-
division of deep lots, and to renumber section 9200.17.2.b.6 through 30.
Motion carried.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig
NOES: None
ABSENT: None
C -7 -A. Resolution setting a public hearing regarding sidewalk
construction on Capitolio and Sacramento Street.
On motion of Councilman Settle, seconded by Councilman Bond, that Resolution No.
4441 (1981 Series), a resolution of the City of San Luis Obispo requiring
sidewalk improvements on portions of Capitolio and Sacramento Streets in the
City of San Luis Obispo be adopted and a public hearing be set for May 5, 1981.
Motion carried, all ayes.
C -7 -B. Resolution setting a public hearing regarding sidewalk
construction on various streets throughout the city.
On.motion of Councilman Settle, seconded by Councilman Bond, that Resolution No.
4442 (1981 Series), a resolution of the City of San Luis Obispo requiring
curb and gutter, sidewalk, and driveway ramp improvements on portions of various
streets in the City of San Luis Obispo be adopted and a public hearing be set
for May 5, 1981. Motion carried, all ayes.
C -8. Request from citizen for Council to consider amending
Demolition Procedures.
Henry Engen, Community Development Director, stated that in response to a letter
received from Mr. James Lopes on April.7, 1981, he advised Mr. Lopes by phone that
the proposed demolition of the mortuary on Santa Rosa and Marsh Street is not
appealable. He said that the Sutcliffe - Elliott Mortuary is proposed to be torn
down and relocated to the new mortuary on South Higuera Street. In its place,
a Savings and Loan Association is being proposed. Their application was dated
February 23, 1981 and the 45 -day expiration date will occur in a couple of weeks.
He proposed the following alternatives to Mr. Lopes' concerns: 1) Initiate a
moratorium on demolitions while we study additional means to discourage such
demolitions; 2) Amend the Zoning Ordinance to require an "un -use" permit for
demolitions; and 3) Initiate an amendment to the ordinance requiring that prior to
such demolition, that plans be approved.by the Architectural Review Commission
for its replacement prior to granting the demolition permit. Henry Engen
recommended the latter would be the most reasonable choice although there may
be arguments against such delay. He said this approach would have the advantage
of letting people know what will.replace buildings proposed for.demolitidn and
would discourage people.from simply.clearing. the site in-anticipation of a sale
with no particular re -use in mind.
George Thacher, City Attorney, stated that imposing the moratorium would be the
simplest procedure and that if the staff comes up with standards at a latter
date the moritorium could be rescinded. He said it would take a 4 -5 vote of
the council to adopt the urgency ordinance.
Mayor Billig stated that the urgency ordinance should be adopted as soon as
possible because there are several demolitions in the offing and.there is a
great deal of community conern about quite a few of the buildings in the city.
She supported strengthening the ordinance and that option #3 be considered.
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Twenty.,...:
Councilman Bond stated that he was working on a Historical Preservation
Element for another city and that he would seek the consultants' advice on
this matter. He suggested postponing this discussion until the noon study
session on Monday';% April 13, 1981.
1 Penny Rappa asked if the moratorium would apply to permits that are on file
where the time has run out and the buildings are still standing. She noted
one example on Higuera Street of a significant, structurally relocatable
building that has no one to move it somewhere.
Discussion continued in this regard.
Vic Montgomery, representing the people who applied for the demolition permit,
submitted for the record a letter from Mr. Carlton Winslow whom his firm retained
to do an evaluation of this structure to determine whether or not it has
architectural and historical significance. He said there was no..reason why the
building should be retained.
Councilman Dunin stated that he would go along with the emergency ordinance at
this time but in the future would not. He thought that in the future when the
city has an emergency ordinance we should know why we-are declaring it an
emergency and get significant input from the public.
Jack Kellerman, Building Inspector, stated that the building has a user proposed
for the site, Valley Federal Savings and Loan. He felt that the demolition
request "was reasonable and not an arbitrary thing.
Mayor Billig was concerned whether the ARC would have a chance to respond to
the demolitiotis!;or would it be an arbitrary procedure. She also felt the public
should have a chance to respond so as to avoid situations like this from
happening in the future.
On motion of Councilman Settle, seconded by Mayor Billig, that we adopt Emergency
Ordinance No. 883 on demolitions until we determine that this is an architecturally
historically significant building and that a procedure be developed for appeals
whereas the Architectural Review Commission has a chance to review the plans
prior to granting the demolition permit. Motion carried.
Passed and adopted on the following roll call vote:
AYES: Councilmember_-Settle;:Mayor Billig, Councilmembers Dunin and Bond
NOES: None
ABSENT: None
C -9. On motion of Councilman Settle, seconded by Councilman Dunin,
the Traffic Engineer's Report of actions of Traffic Orders taken between
January 1, 1981 and March 31, 1981 was received and filed.
C -10. On motion of Councilman Settle, seconded by Councilman Dunin,
the claim against the city by Mar G. Murphy in the amount of $1,750 for damages
sustained to her car as a result of an accident December 12, 1980 on Los Osos
Valley Road was denied. Motion carried, all ayes.
' B -1. City Clerk's report of bids received for "Equipment Bids for
Street Department ", bids opened Friday, March 6, 1981 at 11:00 a.m., bid estimate
$14,880.
Dave Romero, Public Services Director, reported on the bids received and
recommended that the traffic line removal machine be awarded to Tennant Company
for $3,107.20; the vibrating roller be awarded to Lougee - Michael Equipment, Inc.;
and the airless paint spray system be awarded to Whittaker Corporation in the
amount of $6,690.19. A summary of the bids follows:
City Council Minutes
April 7, 1981 - 7:00 p.m.
Page Twenty =One
Bid Amount
Item No. 1 - Traffic Line Removal Machine
Whittaker Corporation
Bauer Coatings & Chemical Division
P.O. Box 31352
Los Angeles, Ca. 90031 $1,499.90-
No deviations.
Tennant Company
2082 Edison Avenue
San Leandro, Ca. 94577 $3,107.20
Deviations: Tennant model TLR delivery date approximately 4 weeks after
receipt of order.
Item No. 2 - Vibrating Roller for Street Division
Lougee - Michael Equipment, Inc.
1320 West Main St.
Santa Maria, CA 93454
$6,307.00
Deviations: Shop repair manual not available - operator and parts
manuals included. Price good until March 25, 1981.
Item No. 3 - Airless Paint Spray System
Whittaker Corporation
Bauer Coatings & Chemical Division
P.O. Box 31352
Los Angeles, CA 90031
No deviations.
Graco, Inc.
3165 South Garfield
Los Angeles, CA 90040
Deviations: Price is FOB Los Angeles, CA.
$6,690.19
$6,963.14
On motion of Councilman Settle, seconded by Councilman Dunin, that the bids
be awarded as recommended by Mr. Romero. Motion carried.
AYES: Councilmembers Settle-,:.Dunin, Bond,.-.and Mayor Billig
NOES: None
ABSENT: None
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B -2 -A. City Clerk's report of bids received for "City Council Chamber
Remodeling ", City Plan No. D -60A, bids opened Friday, March 27, 1981 at 10:15 a.m.
B -2 -B. City Clerk's report of bids received for "City Council Chamber
Public Address System ", City Plan No. D -60B, bids opened Friday, March 27, 1981
at 10:00 a.m., bid estimate $10,000 without contingencies.
Councilman Dunin asked Dave Romero to look into the additional cost for an
automatic voting device.
Mayor Billig was concerned about the sound system in that with a full room the
acoustics become very bad. She said she has also had complaints about the
chairs, and appointed a subcommittee of two councilmembers, Alan Bond and Ron
Dunin, to study the public address system and report back to the council.
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City Council Minutes
April 7, 1981 - 7:00 P.M.
Page Twenty -Two
Summary of bids for the "City Council Chamber Remodeling" follows:
Bid Amount
Tara Construction
Rt. 3, Box 269N
San Luis Obispo, CA 93401 $11,023.00
R. S. Beller
399 Jaycee Drive
San Luis Obispo, CA 93401 $11,811:00
Wally LaFreniere
1308 Oceanaire
San Luis Obispo, CA 93401 $12,800.00
Gary Nichols, Contractor
1319 Beach Street
San Luis Obispo, CA 93401 $12,900.00
On motion of Councilman Settle, seconded by Councilman Dunin, that
Resolution No. 4443 (1981 Series) be adopted awarding low bid to Tara
Construction for "City Council Chamber Remodeling ". Motion carried, all ayes.
Summary of bids for the "City Council Chamber Public- Address System" follows:
Music- Factory
1264 Monterey Street
San Luis Obispo, CA 93401
Bid Amount
$8,328.89
On motion. of Councilman Settle, seconded by Councilman Dunin, that
Resolution No. 4444 (1981 Series) beadopted awarding low bid to the Music
actory contingent upon approval by Council Subcommittee. Motion carried,
all ayes.
On motion of Councilman Settle, seconded by Councilman Dunin, Resolution
No. 4445 (1981 Series) beadopted providing additional revenue sharing
funds for above projects. Motion carried, all ayes.
B -3; City Clerk's report of bids received for "Signal Control
Upgrading on South Higuera, South Street and Madonna Road ", City.Plan
No. B -11, bid estimate $22,238 without contingencies, bids opened March
27, 1981 at 10:00 a.m.
Dave Romero reported that this project will replace the two present traffic
signal controllers with one state -of- the -art traffic - signal controller.
The two intersections will be linked together with underground conduit
and the one controller will cause the intersections to work as one.
This project was recommeded by our traffic consultant (Mohl Perry & Assoc.)
in their report to us on how Higuera Street should be improved in the
future. The traffic should flow much smoother when this project is completed.
He recommeneded that the project be awarded to Lee Wilson Electric, the low
bidder, in the amount of $23,195.
City Council Minutes
April 7, 1981 -7:00 p.m.
Page Twenty -Three
A summary of bids received follows:
Bid Amount
Lee Wilson Electric Company
P.O. Box 250
Arroyo Grande, CA 93420 $23,195.00
San Joaquin Pacific Corp.
2612 N. Clovis Avenue
Fresno, CA 93727 $29,299.00
Steiny & Company
27 Sheridan Street
Vallejo, CA 93490 $34,013.00
On motion of Councilman Settle, seconded by Councilman Dunin, that
Resolution No. 4446 (1981 Series), be adopted awarding low bid for
"Signal Control Upgrading" to Lee Wilson Electric. Motion carried,
all ayes.
At this time Mayor Billig read into the record a letter from Michael K.
De. Neve resigning from:the Planning Commission.
On motion of Councilman Dunin, seconded by Councilman Settle, the the
City Council accept Planning Commissioner Mike De Neves resignation
and that staff be directed to write a letter of appreciation to him.
There being no further business to come before the City Council, the
metting was.adjourned to Executive Session at 12:45 a.m.
Pam Voges, Acting City Clerk
.By 01 via Grand Reco ding Secretary
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, APRIL 13, 1981 - 12:10 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
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