HomeMy WebLinkAbout06/02/1981City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Two
C -4. Consideration of a resolution designating authority to make
settlement payments on claims against the city.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4502 (1981 Series), a resolution
of the City of San Luis Obispo designating authority to make settlement-pay-
ments on claims against the city.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig
NOES: None
ABSENT: None
C -5. Consideration of a resolution approving an agreement between
the City and Earth Metrics, Inc. for the preparation of environmental impact
report for the City's Downtown Parking Program.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4503 (1981 Series), a resolution
of the City of San Luis Obispo approving an agreement between the City and
Earth Metrics, Inc.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig
NOES: None
ABSENT: None
C -6. Consideration of a resolution supporting SB 215 "Transportation
Financing" (FORAN) increasing gas tax by 20 per gallon to be used for improving
streets and roads.
On motion of Councilman Settle, seconded by Councilman Dunin, the following reso-
lution was introduced: Resolution No. 4504 (1981 Series), a resolution of the
City of San Luis Obispo supporting S.B. 215 (FORAN) to provide for increased
transportation financing.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig
NOES: None
ABSENT: None
C -7. Consideration of plans and specifications for "STREET RESURFAC
AND HIGUERA STREET WIDENING." City Plan No's. E -07 and E =49; engineer's estimate
$43,998.25 without contingencies.
On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and
specs for "Street Resurfacing and Higuera Street Widening" be approved and staff
be authorized to call for bids. Motion carried, all ayes.
C -8. C
JOYCE TO SAN CARLOS
tingencies.
of plans and specificatio
No. E -22, bid estimate $8
'HELENA SEWERLINE,
without con-
On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and
specs for "Helena Sewerline, Joyce to San Carlos" be approved and staff be auth-
orized to'call for bids. Motion carried, all ayes.
C -9. Consideration of plans and specifications for "WASTEWATER TREAT-
MENT PLANT, Biofilter No. 1, Digesters No, 1 and 3," City Plan No's. D -45, D -50
and D -51; engineer's estimate $80,000.00 without contingencies.
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Three
On motion of Councilman Settle, seconded by Councilman.Dunin, that plans and
specs for "Wastewater Treatment Plant, Biofilter No. 1, Digesters No. 1 and 3"
be approved and staff be authorized to call for bids. - Motion carried, all
ayes.
C -10. Consideration of plans and specifications for "WASTEWATER
TREATMENT PLANT DIGESTER NO. 3, EMPTY AND CLEAN," City Plan No. D -51; engineer's
estimate $15,000.00 without contingencies.
On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and
specifications for "Wastewater Treatment Plant, Digester No. 3, Empty and Clean"
be approved and that staff be authorized to call for bids. Motion carried,
all ayes.
C -11. Consideration of a resolution setting a public hearing for
determining public necessity, health or safety by removing overhead utility
wires in Underground Utilitv Districts 9 & 10.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4505 (1981 Series), a resolution of
the City of San Luis Obispo- setting a public. hearing -for determining public
necessity, health or safety by removing overhead utility wires.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
C -12. Consideration
by the Federal Administration po
plementation of those efforts in
home rule (continued from 5/19/8
entities and urging a c
that will enhance. not further
further
On motion of Councilman Settle, seconded by Councilma
resolution was introduced: Resolution No. 4506 (1981
of the City.of San Luis Obispo expressing its support
Administration to return powers to local entities and
mentation of those efforts in ways that will enhance,
rule.
Passed and adopted on the following.roll call vote:
z Dunin, the following
Series), a resolution
of efforts by the Federal
urging a careful imple-
not further impede, home
AYES: Councilmembers Settle; Dunin, Bond, Dovey; and Mayor Billig
NOES: None
ABSENT: None
C -13. Consideration of a resolution authorizing agreement between
the City and Cuesta Valley Properties, Inc.; for the installation of Bishop
Street waterline under quarterly program.
On motion of Councilman Settle, seconded. by Councilman Dunin, the following
resolution was introduced: Resolution No. 4507 (1981 Series), a resolution
of the City of San Luis Obispo approv ng-an agreement between the City and
Cues•ta Valley Properties Bishop Street Water Line,
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig
NOES: None
ABSENT: None
is
1
City'Council Minutes
June 2, 1981 - 7:00 p.m.
Page Four
C -14. Consideration of an agreement between the Ci
Broadbent, Inc. to convey to the City a drainage easement alon
boundary of a parcel located at 1380 Broad Street.
and Arnett &
the no
On motion of Councilman Settle, seconded by Councilman Dunin, the following reso-
lution was introduced: Resolution No. 4508 (1981 Series), a resolution of the
City of San Luis Obispo approving an agreement between the city and Arnett &
Broadbent, Inc. to convey to city a drainage easement along the northeasterly
boundary of a parcel located at 1380 Broad Street.
Passed and adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
C -15.
drainage an
5/14/81).
Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig
None
None
onsideration of .a ri
at South
lic Services Director on
and Elks Lane (continued from
On motion of Councilman Settle, seconded by Councilman Dunin, that_the report be
received and filed. Motion carried; all ayes.
C -16. Consideration of a request by Jack McCurdy on proposed install-
ation of curb, gutter and sidewalks on Phillips Lane (continued from 5/14/81).
On motion of Councilman Settle, seconded by Councilwoman Dovey, that consideration
of County request for City contribution to emergency medical program be deferred
to pending budget review. Motion carried, all ayes.
1. Public hearing to consider a resolution confirming costs of
swimming pool abatement pursuant to the Municipal Code.
Jack Kellerman,.Building Inspector, stated that since March of 1978, he has been
trying to get the owners of the property'at 539 Cerro Romauldo to fill the
abandoned swimming pool in accordance with Section 8710.16 (a & b) of the Muni-
cipal Code. He said that due to a divorce of the owners and a subsequent mental
breakdown of the wife, who got the property out of the divorce settlement, he
had no success.in gaining compliance with the ordinance. He continued that in
December of 1980, the conservator for the owner agreed to have the pool filled,
but ran into financial problems due to the unexpected high costs. In January
of 1981, he received correspondence from the conservator asking him to have the
city solve the problem in the most economical way possible. He was able to get
a firm bid from a local contractor to do the work for $1,500.00. He said that
in the correspondence from the conservator, they asked that the cost of filling
the pool be placed.against the.property as a lien to be collected as taxes. He
is requesting approval of the costs as a lien against the property.for swimming
pool abatement at 539 Cerro Romauldo.
Mayor Billig declared the public hearing open.
No one appeared before the council for or against the resolution.
Mayor Billig declared the public hearing closed.
On motion of Councilman Bond, seconded by Councilman Settle, the following reso-
lution was introduced: Resolution No. 4509 (1981 Series), a resolution of the
City of San Luis Obispo confirming costs of swimming pool abatement pursuant
to the Municipal Code.
On motion of Councilman Settle,
seconded by Councilwoman Dovey, that staff be
directed
to bring back resolution removing sidewalk requirement on west side of
Phillips
Lane. Motion carried,
all ayes.
C -17.
Consideration
of County request for City contribution to
regional
emergency medical program
(continued from 4/28/81).
On motion of Councilman Settle, seconded by Councilwoman Dovey, that consideration
of County request for City contribution to emergency medical program be deferred
to pending budget review. Motion carried, all ayes.
1. Public hearing to consider a resolution confirming costs of
swimming pool abatement pursuant to the Municipal Code.
Jack Kellerman,.Building Inspector, stated that since March of 1978, he has been
trying to get the owners of the property'at 539 Cerro Romauldo to fill the
abandoned swimming pool in accordance with Section 8710.16 (a & b) of the Muni-
cipal Code. He said that due to a divorce of the owners and a subsequent mental
breakdown of the wife, who got the property out of the divorce settlement, he
had no success.in gaining compliance with the ordinance. He continued that in
December of 1980, the conservator for the owner agreed to have the pool filled,
but ran into financial problems due to the unexpected high costs. In January
of 1981, he received correspondence from the conservator asking him to have the
city solve the problem in the most economical way possible. He was able to get
a firm bid from a local contractor to do the work for $1,500.00. He said that
in the correspondence from the conservator, they asked that the cost of filling
the pool be placed.against the.property as a lien to be collected as taxes. He
is requesting approval of the costs as a lien against the property.for swimming
pool abatement at 539 Cerro Romauldo.
Mayor Billig declared the public hearing open.
No one appeared before the council for or against the resolution.
Mayor Billig declared the public hearing closed.
On motion of Councilman Bond, seconded by Councilman Settle, the following reso-
lution was introduced: Resolution No. 4509 (1981 Series), a resolution of the
City of San Luis Obispo confirming costs of swimming pool abatement pursuant
to the Municipal Code.
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Five
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig
NOES: None
ABSENT: None
2. Public hearing to consider a Planning Commission reco
to approve the tentative map for Tract 952 to create a 26 unit commerci
space condominium in 5 buildings for automobile related uses located at
and 1485 Auto Park Way; C -H -PD zone; Mel Smith, subdivider.
tion 1
Henry Engen, Community Development Director, stated that.the Planning Commission,
on a 3 -0 vote, recommended the Council adopt the draft resolution granting
approval of the tentative map for Tract 952, with a negative declaration on
environmental impact and subject to findings and conditions listed in the
resolution.
Mayor Billig declared the public hearing open.
No one appeared before the council for or against the recommendation.
Mayor Billig declared the public hearing closed.
On motion of Councilman Dunin, seconded by Councilman Settle, the following reso-
lution was introduced: Resolution No. 4510.(1981 Series), a resolution of the
City of San Luis Obispo granting approval of tentative map for Tract No. 952
located at 1449 and 1485 Auto Park Way.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig.
NOES: None
ABSENT: None
3. Public hearing to.consider a recommendation of the Plannin
Commission to approve the tentative map for a 4 -unit office air -space condo-
minium conversion located at 555 Chorro Street,. PO Zone; John E. King, sub-
divider.
Henry Engen, Community development Director., stated that the Planning Commission,
on a 3 -0 vote, recommended the council adopt the attached draft resolution
granting approval of the tentative map for Tract No. 978 (Mission Grove Offices)
subject to-findings and conditions listed in the resolution.
Mayor Billig declared the public hearing open.
Keith Gurnee, representing.John King, stated he had no problems with the con-
ditions.
Mayor Billig declared the public hearing closed.
On motion of Councilman Dunin,:seconded , by Councilman-Settle, the following
resolution was introduced: .Resolution No. 4511 (1981 Series), a resolution of
the City of San Luis Obispo granting approval of tentative tract No, 978 located '
at 555 Chorro Street.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Bond, Dovey, and Mayor Billig
NOES: None
ABSENT: None
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Six
4. Public hearing to consider a Planning Commission recommend-
ation to approve the tentative map for Tract 979 (Victoriana) to create a 10 -unit
residential air -space condominium in 3 buildings located at 533 Pismo Street, R -3
zone: John E. King, subdivider.
' Henry Engen, Community Development Director, stated that the Planning Commission,
on a 3 -0 vote, recommended the council adopt the draft resolution granting approval
of the tentative map for Tract No. 979 (Victoriana), with a mitigated negative
declaration on environmental impact and subject to findings and conditions listed
in the resolution.
Mayor Billig declared the public hearing open.
Keith Gurnee, representing John King, stated that this proposal has been the
subject of a very carefully conceived development program and architectural
design which attempted to maintain the Victorian character to an ornate area of
Victorian detail. He said that this project has been the subject of seven
publicly advertised meetings of which have received approval at that time.
Hans Razmuzzen,..479 Pismo, read an editorial out of the Telegram- Tribune dated
June 1, 1981 written-by Steve Quincos,.who lives next door to the property,
stating his opposition to the project because of the traffic congestion that
already exists on Pismo Street.
Mayor Billig declared the public hearing.closed.
Councilman Bond thought that the developer has 20 percent below the density
allowed and that the project was in keeping with the old town neighborhood. He
felt the':applicants had done an outstanding job on the design, the developer
had done a good job with the restrictions and in cooperating with the 604A
deficiencies, and would support the project.
Councilman Settle supported the project, liked the design, thought that it was
under the density and would not be unsightly or out of character to the neighbor-
hood.
Councilwoman Dovey supported the project and thought that the conditions and the
major concerns and been addressed.
Councilman.Dunin supported the project, felt that it blends into the neighborhood
and that this type of housing was needed in the city.
On motion of .Councilman Dunin, seconded by Councilman Settle, the following reso-
lution was introduced: Resolution No. 4512 (1981 Series),.a resolution.of the City
of San Luis Obispo granting approval of tentative map for Tract No. 979, located
at 533 Pismo Street.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig
NOES: None
ABSENT: None
5, Public hearing to consider an appeal by Richard Warner of a
determination by the San Luis Obispo Community Development Director granting a
negative declaration of General Plan Amendment GP 0951.
Henry Engen, Community Development Director, stated that on April 29, 1981 the
Community Development Director granted GP 0951 a negative declaration after
reviewing an initial environmental study prepared by the planning staff. He
said that this determination has been appealed by attorneys representing Richard
Warner. He continued that Mr. Warner owns property on Mill Street and has re-
cently asked the city to rezone his property from R -2 to P0. He said that Mr.
Warner also asked the courts to-require that the city rezone his property from
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Seven
R -2 to PO and that court consideration of his action is scheduled for May 29,
1981. Henry Engen recommended that the council deny the appeal and uphold.the
Director's determination to grant a negative declaration.
George Thacher, City Attorney, clarified that the project description includes
the establishment of a precise standard. He said that the appeal itself appears
to be an appeal from a determination to grant a negative declaration from the
first letter of the appeal, page 5 -3, for the project initiated by the city to
amend the General Plan. He stated that the land use general plan line itself will
strictly define that line from U.S. 101 down through Mill Street.
Mayor Billig declared the public hearing open.
Shaunna Sullivan, of Miller & George Law Corporation representing Mr. Warner,
stated that the appeal of the Community Development Director's determination to
grant a negative declaration for the.project initiated by the city to amend
the general plan to designate properties located at 1124, 1134, and 1144 Mill
Street to R2 use is made pursuant to San Luis Obispo Environmental Impact Pro-
cedures & Guidelines, IV B. She said that the ground for the appeal was that
the city's Planning Commission and Department of Community Development had
failed to comply with California Environmental Quality Act, the San Luis Obispo
City Code, and the San Luis Obispo Environmental Impact Procedures and Guide-
lines. She stated that the appellant challenges the director's determination
that no significant environmental effect will occur as a result of the project
and that this project of converting designated professional offices (PO) uses
to residential uses may individually, as-well as cumulatively, cause significant
effect on the environment. She .continued that the project has the potential
to achieve short -term goals to the disadvantage of long -term environmental goals,
such a project conflicts with adopted environmental and growth plans and goals
as represented by the general plan and may also result in increased water
consumption. She stated that the project will also conflict with established
professional office uses in the area thereby disrupting and dividing the
physical arrangement of the established community. She said that the director
has apparently failed to consider these-.and other possible environmental impacts
that may result from the project.
Shaunna Sullivan stated that an Environmental Impact Report should be filed in
accordance with CEQA and suggested that the proposed general -plan amendment
be considered in September as originally scheduled in order that all require-
ments of CEQA, the city code, and the city environmental guidelines are met
as well as to provide sufficient time for public review of the proposed general -
plan change initiated in such a hurried fashion by the city. She further
stated that: 1) there was no record of any consultation with the lead agency,
the Community Development Director, Council,.or Planning Commission; 2) there
was insufficient.time for public input; 3) the project description is inaccurate;
and 4) the initial study lacks elements required by the guidelines.
George Thacher, City Attorney, stated that in January of 1980 the property
owner applied to the city for a General Plan change from medium density to
professional office because the boundary between PO and R density designation
runs roughly through the middle of the property. He said that in that case it
was up to the Planning Commission and the council to determine exactly where the
land use boundary falls, that the determination by the Planning Commission
was appealed to the City Council and the appeal was withdrawn. He said that
now the council.is considering a.determination.of the General Plan that those
three parcels fall within the medium density land use designation. Therefore,
a request for a zoning change to PO was inappropriate, He continued that on
March 17 the council upheld the appeal saying that the property owner was allowed
to file for the negative declaration, and that the council in denying found
that the land use designation line falls coincidental with the existing PO
zone and the R -2 residential zone; leaving a piece of property unaffected.by
the proposed General Plan change. On the insufficient.time for public review,
he stated that there is no time limit set in either the state or city guide-
lines.
Councilman Bond stated he would support denying the appeal.
Ll
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City Council Minutes
June 2,'198i - 7:00 p.m.
Page Eight
Councilwoman Dovey also stated that she would deny the appeal.
Councilman Settle would deny the appeal and uphold the Planning Director's
determination.
On motion of Councilman Settle, seconded by Councilwoman Dovey, that the appeal
be denied upholding the Community Development Director's determination and dir-
ecting staff to bring back resolution agreeing with Director's findings. Motion
carried.
AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
6. Consideration of final passage of Ordinance No. 886
Section 4289 to prohibit the operation of motor vehicles on the unimp
tions of private premises without the owner's permission.
Lee Walton, Administrative Officer, stated that the ordinance was created to
solve a problem with unauthorized motor vehicles and bicycles operating on private
property without the consent of the private property owners.
On motion of Councilman Settle, seconded by Councilwoman Dovey, that Ordinance
No. 886 (1981 Series), an ordinance of the City of San Luis Obispo amending
Section 4289 of the San Luis Obispo Municipal Code to prohibit the operation
of motor vehicles on the unimproved portions of private premises without the
owner's permission be given final passage.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
7. City Council to appoint five citizens to study the adopted
Campaign Regulations Ordinance to expire December 31, 1981 (continued from 5/5/81
Mayor Billig submitted the following names to be considered for appointment to
the Ad Hoc Campaign Regulations Ordinance Committee: Mary Rhodes, LaVerne
Schneider, Mike Morris, Ken Schwartz, Peg Pinard, Art Shaw, J. H. Fitzpatrick
and David Hughes.
Councilman Dunin stated that he was against the ordinance, thought that the
state regulations were very confusing, and from his experience had not found
one candidate that was happy with the ordinance. He said he would vote for the
appointments.from the kindness_ of his heart.
On motion of Councilman Settle, seconded by Councilwoman Dovey, that the following
members be appointed to the Ad Hoc Campaign Regulations Ordinance Committee:
1) Mary Rhodes; 2) La Verne Schneider; 3) Mike Morris; 4) Ken Schwartz; 5) Peg
Pinard; 6) Art Shaw; 7) J. H. Fitzpatrick with David Hughes as alternate.
Passed on the following roll call vote:
AYES: Councilmembers Settle, Dove}*, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
8.
Council to make
to the Mass Transportation
nominations'for
t of a senior citizen
5/19/81).
Mayor Billig asked the council to submit names -of senior citizens they know to
serve on the MTC, in order to have a pool of names from which to evaluate. She
said that a letter went out to one seniors' group requesting nominations.
City Council Minutes
June 2, 1981 - 7:00 p:m.
Page Nine
It was the consensus of the council that all the groups be represented on the
MTC and that an advertisement be taken out for a senior citizen to fill the
vacancy.
On motion of Councilman Settle, seconded by Councilwoman Dovey, that staff be
directed to write letters to other senior groups inviting applications, adver-
tise in the newspaper for senior vacancy and accept nominations from other
Councilmembers.
Passed on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
9. Council to consider revised Committee, Commission Handbook
(continued from 4/14/81 - Revised Handbook previously sent to Council).
Geoff Grote referred to a hand delivered letter from John M. Carsel to the City
Council dated June 1, 1981 pointing out what he believed to be an error with the
minutes of April 14, 1981. Mr. Carsel's letter stated that he spoke, after
clarifying he was speaking as an individual and not as a member of the Human
Relations Commission, against the proposed two -year terms for all Commission
members, stating that he felt this would not allow for minority viewpoints
to continue to be heard on advisory commissions thus not providing the City
Council with opinions of what may be 49% of the electorate. The minutes of
April 14, 1981 stated that "He favored 2 -year terms for Commission members,"
which was an error.
Geoff Grote continued that he is making further refinements to the grammar and
punctuation in the handbook with the view of making it more clear and enhancing
the readability. He referred to a mistake made in the handbook with regard
to five commissioners and two -year terms, which the Housing Authority indicated
in a memo dated May 29, 1981. He stated that the Housing Authority may wish
to discuss specific issues such as the Mayor being entitled to dismiss Housing
Commissioners. That is noted as a Commission "requirement. Additionally, he
stated that the Housing Authority occupies a unique position with regard to
commissions and committees and do function in a semi - independent manner. He
suggested that the council advise the City Attorney's office or Administrative
office to review this chapter prior to inclusion and specify that there are
specific pieces of legislation which apply to this. With regard to the Parks
and Recreation Commission which appears on page 27, he said that further
recommendations should be made when this section is drafted to try to include
some of the historical character of each of the groups and committees. He
recommended the deletion that no more than five commissioners may be of the
same sex. He directed the attention to-the chapter on the Tree Committee and
stated that the council had not adopted an ordinance which specifically defines
the duties and the number of commissioners. He noted that the Design Review
Board is not contained in this handbook because'it is subject to some question
as to what the council wishes to do with the Board. He said it is up.to the
council to determine if it should continue and what the board's duties would
be, noting that it was not currently up to strength. He concluded that the
handbook tried to reflect the various thoughts expressed by members of the
council as well as staff and have included a variety of issues subject to
controversy.
Mayor Billig thanked the staff for their-valuable comments and input on the
handbook. She declared the meeting open for public comments to hear first
from the chairpersons speaking on behalf of the entire commission or board
and one other member, Then the hearing would be open to other members of the
public who do not sit on commissions or boards, with the council finally re-
viewing the handbook page by page.
Sylvia Drucker, Chairperson of the Planning Commission, stated that she was
happy that the CAO had indicated that we have allowed some of the opposite sex
on the Parks and Recreation Commission. She referred to a memo from the Planning
1
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City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Ten
Commission noting that at the last meeting they had looked at the handbook
together and indicated that through whatever set of circumstances, the Planning
Commissioners did not receive a handbook till very recently. She reviewed each
of the major issues, starting with the terms of office. She said that the
Planning Commission unanimously feels that a two -year term might be an issue
that the City Council would rethink; Planning Commission members do not feel
that a two -year term is appropriate. With regard to the Code of Ethics on page
21 she felt that there should be some indication in the handbook, possibly with
an introductory chapter, having to do with legal conflict of interest and persons
wishing to serve on a committee. She continued that the city should take some
affirmative action which has to do with protecting commission or committee people
in court if someone wishes to sue. She referred to the section having to do
with advocates approaching Planning Commissioners prior to meeting dates and
felt that it should not be in the handbook. Ruth Wirshup thought that the
concept of a handbook for commissions was commendable and provides an overview
of various resources, added that if it complied with the applicable local state
regulations then it would be a good handbook, and felt that the document lacked
legal credibility. She said that changes must be made by a vote of the electorate
and that changes created by ordinance must be changed by ordinance. She felt
that some of the changes proposed were blatantly political and possibly uninten-
tional. Realizing that to reduce commission terms from four to two years coincides
with city elections, she felt that to.limit the term of office to two years was
self- defeating. She felt that the Code of Ethics should be applied across the
board, and hoped that there would be some orderly method whereby commissioners
would have an opportunity for input. She-urged the council to consider not voting
on the handbook at this time.
Steve Nelson, Chairman of the Housing Authority, referred to a letter from several
of the committees and commissions outlining their concerns. They felt that the
handbook was a good idea, but that there was a problem with deficiencies in the
draft. He said that several of the members had not had sufficient input so their
joint recommendation was to postpone the adoption of the handbook so that committees
and commissions could meet with the council in a study session for discussion in
an informal manner in order to develop a handbook that would be meaningful and
helpful rather than one which would have to be constantly revised and changed.
He advised that there was a need on the part of the council to do some house-
keeping in that there are a lot of vacancies on commissions and committees. He
suggested waiting for the document to be completed so that when people are
appointed they will be working under this set of guidelines.. The joint recommend-
ations of the commissions and committees was to make the appointments contingent
on whatever the final outcome of the document is, whether it stipulates three,
four, or five year terms plus all the other factors when the council has had
the chance to rectify all the deficiencies. He urged the council to postpone
any decision - making for the time being until.the deficiencies are rectified,
and to make appointments contingent on the final document that will be coming
out later in the summer,
Dr. Carl Lutrin, Vice - Chairman of the Citizens Advisory Committee, concurred
with the comments made about the desirability of having more time to consider
the document. He felt that two three -year terms would be ideal for the length
of terms of the members, would be less political, and would allow more time
for people to learn their jobs.
Jay Schetzer, felt that there was no point in making any statement about their
objections to the handbook, but if the council does decide they want to finish
it tonite he would like an opportunity to speak. He said that CAC comments had
been submitted in writing and discussed in detail with each of the council
members and the Mayor, the purpose being not to lobby for CAC recommendations
but to make sure that the council understood the reasons for them. He stated
his concern about a volunteer group that may have done a great deal of work
on a particular recommendation not being allowed to give public exposure to
that recommendation. He agreed that the recommendations should be submitted
in writing in advance, but thought that a volunteer group would be unhappy
about not having their recommendations made public, whether accepted by the
council or not,
Terry Elfrink, representing the Human Relations Commission, stated that last
night the Human Relations Commission, Planning Commission, Citizens Advisory
Committee, and Design Review Board met at the HRC office to share some dis-
cussions which they felt were quite beneficial in order to arrive at an acceptable
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Eleven
document, particularly because Mr. Grote had outlined what needed to be
included at a later date.
Billy Parker, Chairman of the Design Review Board, stated that he hoped the
Design Review Board's purpose and duties would be included in some sort of
document. He said that the DRB had been dealing with the problem of statement
of purpose since April 2, 1979, and felt that the duties and examples of
urban design should be mentioned in the handbook. He felt that the scope
needed to be established and that if the council wished to disband the DRB
that present or past members be at least informed of the disbandment or pro-
ceedings so that they can comment.
Tom Jones, commented on the Code of Ethics. He thought there should be a
statement saying that members should not vote on any issues involving the members
of special or business . associates, relatives of member, or spouses.. He also
He said that there is a state law that covers the technical definition of con-
thought that there should be an ordinance making null and void any vote by
flict of interest, which goes beyond that into ethics.
such a commission member upon an issue involving such 'a connection and also
Steve Nelson stated that if the Code of Ethics is only applied to the Planning
an ordinance making null and void any vote by a City Council member.
Commission there is a potential for somebody doing something that he really
Charles Andrews, representing the Planning Commission, stated that the City
shouldn't be doing. He felt that the Code of Ethics was redundant because it
Council should consider the introductory sentence on page 10, "The City Council
was restating the fact, and that all the commissions and committees were against
encourages maximum citizen participation in the business of city government."
it.
He was wondering if that was happening at this point in time.
Councilwoman Dovey hoped that the members of the commissions realized that
Jim Chaney, Vice - President of the Promotional Coordinating Committee, felt that
the council was not taking an adversarial position, that they were just trying
the handbook was acceptable to most of the members and supported the concept
to give guidelines within which the commissions can work more efficiently and
of having a study session. He felt strongly that the two -year term was def-
comfortably. She said it was also an informative booklet for someone who wants
initely too short, and was concerned about the standing of existing members that
to apply for a commission as to what that commission does and what its purpose is.
may have terms longer than the handbook was addressing itself to. He was also
concerned about the succession of members in terms of there being a proviso
for a member being off for a period and possibly being reappointed. He would
1
be against that simply because of the lack of interest on some committee.
Helen Karlovich felt that when the council does make appointments it was imp-
ortant to have people who were really interested and knowledgeable as to what
goes on in the committee.
Geoff Grote clarified for the council that the document does not amend an
ordinance.; that ordinances will have to be amended by another ordinance. He
addressed the issue of individual commissioners and stated that George Thacher
will be putting together a document outlining where those options exist and the
council may choose to put it into a handbook or not.
Lee Walton commented on the Code of Ethics in that a Commission which has a
quasi - judicial role makes decisions that are quite unique, and felt that it was
awkward to apply a special conduct standard that doesn't apply to other commissions.
He said that there is a state law that covers the technical definition of con-
flict of interest, which goes beyond that into ethics.
Steve Nelson stated that if the Code of Ethics is only applied to the Planning
Commission there is a potential for somebody doing something that he really
shouldn't be doing. He felt that the Code of Ethics was redundant because it
was restating the fact, and that all the commissions and committees were against
it.
Councilwoman Dovey hoped that the members of the commissions realized that
the council was not taking an adversarial position, that they were just trying
to give guidelines within which the commissions can work more efficiently and
comfortably. She said it was also an informative booklet for someone who wants
to apply for a commission as to what that commission does and what its purpose is.
Mayor Billig agreed that there would be a re- evaluation of the document and wanted
to see a reassessment in six months; also a consistent reassessment of the
document so that there is flexibility.
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Twelve
Councilman Settle stated he has always considered the commissions and committees
one of the greatest assets the council has. He wanted to see a document that
was going to be credible and even though not an ordinance it does set a tone.
He preferred setting a date after the council has had an opportunity to review
the entire package and get more feedback.
Councilman Dunin pointed out that the document was just a guidebook for the
commissions and committees and supported adopting the handbook, to be reviewed
in six months with the individual commissions and committees to implement those
points that are not workable.
Councilman Bond agreed with Councilman Dunin in that the members are serving at
the will of the council. He felt that it wouldn't hurt to review the document
twice a year and disagreed with the other members of the council in that he
didn't want to review it in 6 months. Taking into consideration the committee
members' comments he wanted to see the document finished within the next two
weeks. With regard to the Code of Ethics he thought that it was up to the
individual committees to look at their conduct.
The council reviewed the document page by page, inserted minor wording changes,
and referred the document to staff to incorporate final changes including
grammar and punctuation and bring back to council as soon as possible.
10. Consideration of Mass Transportation Committee recommendations
dated 5/14/81.
Dave Romero, Public Services Director, stated that the minutes of the Mass
Transportation Committee meeting of May 14, 1981 were attached in the council's
packets and that no council action was required unless the council differs with
the recommendations. He said that of particular interest to the Council would
be Item 3, whereby the Mass Transportation Committee recommends that the Mid -Day
Pass.be discontinued effective September 1, 1981; Item 6 (a) and (b) whereby the
Mass Transportation Committee recommends certain changes in the routes to allow
buses to keep-on schedule and better serve the community; and Item 8, whereby
the Committee recommends that the city not subsidize the Grass Roots senior
van and station wagon. He recommended council concurrence with the recommend-
ation of the Mass Transportation Committee.
Mary Cummins commented on the use of SB325 funds in that the City of San Luis
Obispo is the only area within the county that does not utilize any portion
of those funds to provide services to senior citizens; and that other agencies
could perhaps utilize those funds. She said that the bus system was not that
accessible to the elderly who are trying to reach the nutrition site; that the
Central Rehab Center provides transportation at $30 per trip which was not
practical for senior citizens.
Dave Romero responded that there was a senior citizens' pass that was heavily
subsidized, at a cost of $2.50 per month but which does not provide adequate
service for those who are not mobile.
Helen Karlovich stated that a petition was circulated and signed by people who
wanted to maintain and continue with the mid -day pass. She said that 260
people signed the petition disagreeing with the MTC condition to eliminate the
mid -day pass. She said that the people were upset at the mid -day pass being
eliminated and also the stop at the Greyhound B:us• Depot. She suggested that
rather than eliminating to just raise the cost.
Councilwoman Dovey stated that in response to the mid -day pass that there was
a monthly pass for all seniors including students which is good all day. She
concurred with all the recommendations of the MTC.
Dave Romero responded that the monthly pass was still available but was much
more expensive than the mid -day or senior pass.
Councilman Bond also concurred with the MTC recommendations, primarily because
the mid -day pass was being used by elementary children. He felt that more
people would be using Route 2 to get to and from work, and saw no problem with
Route 3 because it will still go by the bus depot.
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Thirteen
Councilman Settle supported the MTC's recommendations.
Councilman Dunin supported the MTC recommendations.
Mayor Billig also supported the MTC recommendations and thought that.a close
eye should be kept on route 2 to make sure everything is going well.
On motion of Councilman Bond, seconded by Councilman Settle, that the MTC
recommendations be approved as submitted, except that the mid -day pass be
continued with a report back to the Council in 6 months after school has
started (March, 1982).
Passed on the following roll call vote:
AYES: Councilmembers Bond, Settle, and Dunin .
NOES: Councilmember Dovey and Mayor Billig
ABSENT: None
Councilman Bond left the meeting at 11:30 p.m.
11. Consideration of specifications for property located at the
corner of Palm and Osos Streets declared surplus by the City Council. .
On motion of Councilman Dunin, seconded by Councilwoman Dovey, that this item
be continued to the next regular meeting for further report and staff be
directed to revise specifications. Motion carried, all ayes, Bond absent.
12. Consideration of an agreement between the City and.Ross,
Levin and Maclntyre for architectural services in connection with the Cor-
poration Yard.
Dave Romero, Public Services. Director, stated that at the time the city hired
this firm for master plan study for the corporation yard, they had antici-
pated work relating only to the Gudel property, and therefore, felt fairly
comfortable in a limited scope of work with a fixed. fee. He continued that
as the firm got into the preliminary design, they found more and more reasons
that the site would make a poor corporation yard. He therefore requested
that they make a comparative study between the Gudel site and the Prado Road
site, which was beyond the original scope of work. He said the council then
requested investigating and going into escrow on a site on Tank Farm Road.
In order to determine space and.locations needs, he requested fairly detailed
master plan studies of this site, again beyond the scope of the original con-
tract. He stated the result of.all these studies has been an architectural
fee in excess of the $4,000 maximum specified in the original contract. The
firm.is now conducting master plan studies at the Prado Road site finally
selected by the council. He added that the firm has performed a valuable
service and has been very responsive to the cityl's requests in making studies
of the various sites. He recommended that the council approve the amended
agreement.
On motion of Councilman Settle, seconded by Mayor Billig, the following reso-
lution was introduced: Resolution No. 4513 (1981 Series), a resolution of
the City of San Luis Obispo approving an amendment to agreement with Ross, .
Levin, MacIntyre, architects.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Billig, Dunin and Dovey
NOES: None
ABSENT: Councilmember Bond
13. _Consideration of a proposal by Peasley Accountancy Corpor-
ation to conduct water and sewer rate studies (continued from 9/80).
Dave Romero, Public Services Director, recommended that the city contract with
Jerry Peasley for not only an annual review but a three year projection and
review of both water and sewer ordinances. He said that Mr. Peasley is highly
City Council Minutes
June 2, 1981 - 7:00 p.m.
Page Fourteen
qualified for the task and has specialized his accountancy practice in the
area of water and sewer utilities. Mr. Romero said that he was.quite satis-
fied with the work Mr. Peasley performed under the Engineering Science Report
and in 1978, contracted with him to audit.and review a rate increase submitted
by San Luis Garbage Company. He said that Mr. Peasley is familiar with the
city and its utility operations and it was his recommendation that the council
accept the proposal of Jerry Peasley to conduct a Water and Sewer Revenue
Requirement Study and that -the contract be authorized.
On motion of Councilman Settle, seconded by Mayor Billig, the following reso-
lution was introduced: Resolution No. 4514 (1981 Series), a resolution of the
City of San Luis Obispo approving an agreement between the city and Peasley
Accountancy Corporation.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Etttle, Billig, Dovey, and Dunin
NOES: None
ABSENT: Councilmember Bond
B -1. . City.Clerk`s report of bids _received for "SANTA ROSA STREET
SIGNAL INTERCONNECTION," City Plan No. C =06, bid estimate $10,440.00 without
contingencies: bids ooened Friday. Mav 22. 1981 at 10:00 a.m.
Dave Romero, Public Services Director, stated that Safety Electric Corporation
is working with Safetrans, the original builder of the city's traffic signals
on Santa Rosa Street, to provide the interconnection between the signals down-
town, the new ones in Santa Rosa Street, and Caltrans' system on Santa Rosa
Street. He said it appears that they intend to install a new 170 controller
in one of the city's boxes to act as the interconnect between the two systems.
Also, as a part of this project they will design and retime the downtown signal
system to work on a 70 second cycle as compared to the present 50 second cycle.
Summary of the bids received follows:
Bid Price
Safety Electric Corporation $20,692.00
4957 E. Lansing Way
Fresno, CA 93727
Lee Wilson Electric Company $269096.00
P. 0. Box 250 .
Arroyo Grande, CA 93420
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4515 (1981 Series), a resolution
of the City of San Luis Obispo awarding low bid to Safety Electric Corporation
in amount of $20,692.00.
Passed and adopted on the following roll call vote:
AYES:
Councilmembers Settle,
Dunin, Dovey,
and Mayor Billig
NOES:
None
'
ABSENT:
Councilmember Bond
There being no
further business to come before the
City Council, the meeting
was adjourned
at 12:45 p.m.
Pamela Voges, City Clerk
APPROVED BY COUNCIL
ON:
�1
lj
July 7, 1981
/
By Olivia
Grande, Record'in'g Secretary