HomeMy WebLinkAbout11/17/19811
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M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 17, 1981 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Alanson Higbie, St. Stephens Episcopal Church
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen
Settle, and Mayor Melanie C. Billig
Absent: None
City Staff
Present: Bill Hanley, Interim Administrative Officer; George
Thacher, City Attorney; Pamela Voges, City Clerk; Henry
Engen, Community Development Director; Wayne Peterson,
City Engineer; Richard Minor, Fire Chief; Roger Neuman,
Police Chief
C O N S E N T I T E M S
C -1 CLAIMS AGAINST THE CITY
On motion of Councilman Settle, seconded by Councilwoman Dovey, claims
against the City for the month of November be ordered paid subject to
the approval of the City Administrative Officer. Motion carried, all
ayes.
C -2 COUNCIL MINUTES
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following minutes be approved as amended: October.27, 1981 - 7:00 p.m.,
October 31, 1981 - 1:50 p.m., and November 3, 1981 - 7:00 p.m. Motion
carried, all ayes.
C -3 CLAIM AGAINST THE CITY - A. ANDREATTE
On motion of Councilman Settle, seconded by Councilwoman Dovey, claim
against the City by Arthur Andreatte in the amount of $2,500 for
injuries sustained when claimant was allegedly subjected to false arrest
and inflicted with emotional distress be denied. Motion carried, all
ayes.
C -4 CLAIM AGAINST THE CITY - S. HANELIN
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
claim against the City by Salley Hanelin in the amount of $5,610 for
injuries sustained when claimant allegedly tripped on curb while
alighting from bus be denied. Motion carried, all ayes.
C -5 CLAIM AGAINST THE CITY - A. MORALES
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
claim against the City by Alice Morales in the amount of $350,000 for
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 2
medical expenses and emotional distress due to alleged improper conduct
by investigating police officers be denied. Motion carried, all ayes.
C -6 DISABILITY RETIREMENT - MICHAEL POVERO
On motion of.Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4668 (1981 Series),
a resolution of the Council of the City of San Luis Obispo finding and
determining.that Fire Captain Michael Povero is disabled.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
C -7 TRAFFIC CONTROL DEVICE INVENTORY AGREEMENT
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4669 (1981 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Greer & Co., for a second time extension
of the Traffic Control Device Inventory Agreement through December 31,
1981.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
C -8 HIGUERA STREET WIDENING AGREEMENTS
On motion of Councilman Settle, seconded by Councilwoman Dovey,-the
following resolution was introduced: Resolution No. 4670 (1981 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Peter Lee & Paul Lee for street widening
purposes on Higuera Street north of South Street.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4671 (1981 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Angela & James Morabito for street
widening purposes on Higuera Street north of South Street.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
C -9 B.I.A. ADVISORY BOARD
On motion of Councilman Settle, seconded by Councilwoman Dovey, that the
following people be appointed to the B.I.A. Advisory Board for two -year
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 3
terms to expire November 1, 1983: 1) Pauli McCauley, 2) Fred Johnson,
3) Mary C. Hill, 4) Dick Cleeves, 5) Robert Fuhrman, and 6) Don Patrick.
Motion carried, all ayes.
C -10 CONSULTANT SELECTION METHODS
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4672 (1981 Series),
' a resolution of the Council of the City of San Luis Obispo establishing
the method of selecting consultants for city architectural services.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
C -11 SURPLUS PORTABLE RADIOS - POLICE DEPARTMENT
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4673 (1981 Series),
a resolution of the Council of the City of San Luis Obispo declaring
certain portable radios from the Police Department as surplus.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
C -12 BUDGET RESOLUTION - POLICE DEPARTMENT
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4674 (1981 Series),
a resolution of the Council of the City of San Luis Obispo appropriating
the following:
A. $4,300 for the purchase of tapes to record radio and telephone
activity at the Police /Fire Communications Center.
B. $13,550.00 for Police Department overtime and equipment expended in
in response to County Mutual Aid request during the Anti- Diablo
demonstration.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
C -13 SWIM CLUB AGREEMENT
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4675 (1981 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and San Luis Obispo Swim Club, Inc., to
extend their agreement for use of swimming pool at Sinshiemer Park
through November 30, 1982.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT : None
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 4
C -14 TROPICANA VILLAGE PETITION
Upon general consensus, the Council referred petition submitted by Craig
Ross of Tropicana Village requesting Council take steps to alleviate the
over - crowded parking situation in their neighborhood to the Planning
Commission for additional suggestions and report back to the Council.
P R E S E N T A T I O N S 1
Mayor Billig then presented a Resolution of Appreciation to Richard
Minor thanking him for his dedication and contributions as Fire Chief
for the City of San Luis Obispo.
1. ORDINANCE NO. 907 - DOWNTOWN PARKING REQUIREMENTS
Henry Engen, Community Development Director, briefly reviewed for the
Council that this ordinance was up for final passage and would amend the
zoning regulations to add agreements to participate in the parking
district in the C -C zone.
Councilman Settle questioned whether there couldn't be a memorandum of
understanding prepared to notify affected property owners and tenants
and to-provide a record for future action that might be required if the
parking structure is not built.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed final passage. Mayor Billig declared the public
hearing closed.
On motion of Councilwoman Dovey, seconded by Councilman Settle,
Ordinance No. 907, Downtown Parking Requirements, be given final
passage. Further,
that a system be
established to obtain acknowledge-
ments from affected
property owners
and tenants and to provide a record
thereof for future action as may be required.
Finally passed on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
2. ORDINANCE N0. 908 - CONVALESCENT HOME PARKING REQUIREMENTS
Henry Engen, Community Development Director, explained that this
ordinance was up for final passage and would amend the zoning regula-
tions to change the parking requirements for convalescent hospitals,
residential care facilities and other similar facilities.
Mavor Billig declared the public hearing open. No one spoke for or
against the proposed final passage. Mayor Billig declared the public
hearing closed.
On motion of Councilman Settle, seconded by Councilwoman Dovey,
Ordinance No. 908 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
3. ABANDONMENT OF PORTION OF STENNER & OAK STREETS
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 5
City Council held a public hearing to consider the final abandonment of
a portion of Stenner and Oak Streets between Murray Street and Santa
Rosa Park.
Wayne Peterson, City Engineer, recommended that the Council order the
abandonment with conditions to be met prior to recordation, however, he
requested that condition #7, which requires the applicant to install
undergrounding of utilities. It was impractical to meet such a
condition at this time since development was not imminent. It would be
a condition of the development.
William Blyth, applicant, requested that the Council only require a
4 -foot width access as opposed to the 10 -foot now being required. He
would be willing to make full improvements to pave the access at the
time improvements were required.
Roger Neuman, Police Chief, agreed with staff's recommendation that the
the 10 -foot easement be required now to allow for emergency vehicle
access.
Councilman Settle stated that he could support the applicant's request.
After brief discussion, moved by Councilman Griffin, seconded by Mayor
Billig,.the following resolution was introduced: Resolution No. 4676
(1981 Series), a resolution of the Council of the City of San Luis
Obispo finding and determining that a portion of Stenner Street is
unnecessary for present or prospective public street purposes and
ordering the abandonment of same subject to easement reservations.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin, and Mayor Billig
' NOES: Councilman Settle
ABSENT: None
4. SEWER FARM GRAZING LEASE
Public auction on lease of approximately 41.96 acres of grazing land at
the Sewer Farm for a period of four years.
Mayor Billig then commenced bidding for the Sewer Farm Lease with a
minimum bid of $9.25 per acre per month.
Fred Figone, 5457 Capistrano, Atascadero, bid $10.25 per acre.
No other bids were received.
Mayor Billig closed the bidding and announced the grazing lease would
be awarded to Fred Figone for $10.25 per acre.
5. TIME EXTENSION FOR TRACT 758
Council held a public hearing to consider the recommendation of the
Planning Commission to approve a 12 -month time extension to file the
final map for Tract No. 758 to create a 13 -lot residential subdivision
on approximately 40 acres generally bounded by Ella, Rachel, Fletcher,
Bishop Streets and Sierra Way, R -1 -PD zone; Cuesta Valley Properties,
subdivider.
Henry Engen, Community Development Director, explained that the Planning
Commission on a 3 -0 vote recommended approval of the 12 -month time
extension subject to all previous conditions of tentative map approval
with two additional conditions noted in the draft resolution. He
also noted that the exhibit and resolution referring to "proposed park"
should be changed to open space.
Mayor Billig declared the public hearing open.
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 6
Mr. Stimpson stated that he was concerned about the drainage.problem
which he felt still existed on this tract.
Pete Evans, Rachel Street, agreed with Mr. Stimpson and felt there were
still many problems connected with this tract. He also wished to
understand whya time extension was being requested.
Mike Allman, associate with Cuesta Properties, explained he was request-
ing the time extension as he had needed additional time to work on the ,
drainage problem and other concerns that the Council and neighbors had
had. He was willing to consult with his engineer if there were any ways
of mitigating the existing drainage problems before this winter.
Councilman Griffin stated that he could support the proposed time
extension with the amendment made that the proposed park be changed to
open space.
Mayor Billig explained that the open space had been the intent of the
last two Councils and proposed park should never have been included.
After brief discussion it was moved by Councilwoman Dovey, seconded by
Councilman Settle, the following resolution was introduced: Resolution
No. 4677 (1981 Series), a resolution of the Council of the City of San
Luis Obispo granting approval of a 12 -month time extension for Tract 758
with amended wording regarding open space:
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
6. REZONING PORTION OF SOUTH HIGUERA STREET
City Council held a public hearing to consider a Planning Commission
recommendation to rezone property at 3700 South.Higuera Street (Gudel
property) from PF (Public Facility) to C -S -S (service commercial /special
considerations); City of San Luis Obispo, applicant.
Henry Engen explained the Planning Commission had voted 3 -0 to recommend
the property be zoned C -S -S. He stated the S- overlay meant easement
approval would be required for any new use. The Planning Commission
felt the use - permit requirement should address compatibility with
adjacent uses, access, circulation, and flooding.
Mayor Billig declared the public hearing open.
Stanley Pryga, 3860 South Higuera Street, questioned if a transmitter
station would still be allowed after the zoning change was effected. He
would not like to be faced with transmittal interference later on.
Henry Engen explained that broadcasting stations would be an allowed
use.
Toby Rany, KATY Radio, added that the radio station is restricted as to
how much power they can put out so there would be no additional
increased interference.
After brief discussion, moved by Councilman Settle, seconded by
Councilman Griffin, the following ordinance be introduced: Ordinance
No. 909 (1981 Series), an ordinance of the City of San Luis Obispo
amending the official zone map of the City to rezone property at 3700
South Higuera Street from P -F to C -S -S.
Introduced and passed to print on the following roll call vote:
City Council Minutes
November 17, 1981 _ 7:00 p.m.
Page 7
AYES: Councilmembers Settle, Griffin, Dovey, Dunin, and Mayor Billig
NOES: None
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7. REZONING PORTION OF MARGARITA AVENUE
Council held a public hearing to consider a Planning Commission recom-
mendation to rezone property at 251 Margarita Avenue from R -2 -PD
(medium- density residential, planned development) to R -2 -S
(medium- density residential, special consideration); City of San Luis
Obispo, applicant.
Henry Engen explained the Planning Commission recommended on 3 -0 vote
that Council adopt the ordinance granting approval of the rezoning
subject to finding noted in the draft ordinance.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed ordinance. Mayor Billig declared the public
hearing closed.
On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following ordinance was introduced: Ordinance No. 910 (1981 Series) an
ordinance of the City of San Luis Obispo amending the official zone map
of the City to rezone property at 251 Margarita Avenue.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None
8. & 9. REZONING PORTION OF BRIDGE STREET & TENTATIVE MAP FOR MINOR
SUBDIVISION 81 -162
Council then held a public hearing to consider a Planning Commission
recommendation to rezone property at 271 Bridge Street from C /OS -40
(conservation /open space 40 -acre minimum) and M (industrial) to C /OS -5
(conservation /open space 5 -acre minimum);.John Kuden, applicant._
Further, the Planning Commission recommendation to approve the tentative
map for Minor Subdivision No. 81 -162 to create 2 lots from 1 lot (deep
lot.subdivision) located at 271 Bridge Street, C /OS -5 zone pending; John
Kuden, subdivider.
Henry Engen explained that the Planning Commission on a 3 -0 vote was
recommending Council pass to print the ordinance and grant approval to
the tentative parcel .map. .
Mayor Billig declared the public hearing open. .
Keith Gurnee upon question, explained that he had been before the
Planning Commission and questioned that, if the building had been
destroyed, could it be rebuilt at a lower location. He would urge
Council's approval of the project.
'
Mayor Billig declared
the public hearing closed..
On motion
of Councilman Dunin, seconded by Councilwoman Dovey, the
following
ordinance was introduced: Ordinance No. 911 (1981 Series), an
ordinance
of the City
of San Luis Obispo amending the official zone map
to rezone
property at
271 Bridge Street and C /OS -40 and M to C /OS -5.
Introduced and passed to print of the following roll call vote:
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 8
AYES: Councilmembers Dunin, Dovey, Griffin, Settle and Mayor Billig
NOES: None
ABSENT: None
On motion of Councilman Griffin, seconded by Councilman Settle, the
following resolution was introduced: Resolution No. 4678 (1981 Series),
a resolution of the Council of the City of San Luis Obispo granting
approval of tentative map for Minor Subdivision 81 -162 located at 271
Bridge Street.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin, and Mayor Billig
NOES: None
ABSENT: None
10. APPEAL OF PLANNING COMMISSION
Council held a public hearing to consider an appeal by Carolyn and Brant
Moffatt of a decision by the Planning Commission denying their request
to rezone property at 19 Chorro Street from R -1 (low- density
.residential) to C -N (neighborhood commercial).
Henry Engen explained that the Planning Commission had denied the
rezoning request finding that the site was too small to be used for
commercial uses, was not appropriate for commercial use, would not be
compatible with surrounding land uses; and was incompatible with the
general plan housing element goal to preserve existing housing over
possible commercial uses. He stated staff was recommending denial of
the appeal, and the Commission's action to deny the rezoning be upheld.
Mayor Billig declared the public hearing open.
Carolyn Moffatt, appellant, responded to the Planning Commission's
decision stating she did feel that 1) the property was too small as
there was no minimum C -N lot size. Residential, however,.was 6,000 sq.
ft. minimum and the lot in question was 5,500 sq. ft. so she felt it was
inconsistent with residential requirement; 2) the dominant surrounding
land use is also C -N; and 3) even though it was incompatible with the
housing element, this particular parcel was undesirable as residential
property because of 1) the need to back out of the driveway onto Chorro
and 2) the proximity of the commercial activity.
Mayor Billig declared the public hearing closed.
After brief discussion, on motion of Councilman Settle, seconded by
Councilwoman Dovey, to deny the appeal and uphold the action of the
Planning Commission.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig
NOES: None
ABSENT: None 1
11. APPEAL OF PLANNING COMMISSION - V1001
Council held a public hearing to consider an appeal by the Assembly Line
of a discussion Ly tuc Piaitlliug CODUUi65 iQIL ueuyiiig tneir -request to reduce
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 9
required parking from 3 spaces to no spaces located at 968 and 970
Higuera Street; C -R zone.
Henry Engen explained that the Planning Commission had denied the
variance request on a 3 -0 vote finding that their were insufficient
grounds to make required findings of the unique physical characteristics
of the site; and granting the variance would cause or contribute to
cumulative adverse effects to the downtown by intensifying the use
' without commensurate increase in parking or participation in a program
for overall parking solution for the downtown area contrary to protec-
tion of public health, safety and welfare. He further explained that
the new C -C zone became effective on November 5 which deduced the
required parking to 2 spaces. Additionally, Ordinance No. 907 was
passed -to -print on October 27; the Council had now given it final
adoption, and it would be effective in 30 days allowing parking require-
ments in the C -C zone to be met by the property owner participating in a
parking district through a fee or assessment program. The applicant had
stated they could not meet the new provision because they were tenants
and the property owner would not agree to participate in a parking
district. They also want to open now and cannot wait for any other
proposed changes in the Zoning Ordinance to become effective.
Mayor Billig declared the public hearing open.
Larry Kowalski, owner of the Assembly Line, stated he would do whatever
necessary to get a building permit and questioned what would happen if a
variance was granted in 1984.
Henry. Engen explained that staff was attempting to put together a list
of those businesses willing to participate in the parking program but
that no clearly defined policy had been made to-deal with those who
would not."
Mayor Billig declared the public hearing closed.
After brief discussion it was moved by Councilwoman.Dovey, seconded by
Councilman Settle, to deny the appeal and uphold the action of the
Planning Commission. Motion carried, all ayes.
12. AMENDMENTS TO TRACT 966
Council held a public hearing to consider a request to amend conditions
of approved tentative map for Tract No. 966 to create 5.1ots from 1 lot
(deep lot subdivision) located at 575 Cerro Romauldo Avenue R -1 zone; D.
& D. Bolduan, subdividers.
Henry Engen stated that staff was recommending the tentative tract
grading plan, shown as attachment 1, be accepted but modified to show
that no grading on lot 1 and conditions 1 and 6 of Council Resolution
4436 approving the tentative map be modified as follows: Condition 1)
Final map shall note lots 3, 4 and 5 may be served by sewer ejector
pumps if necessary and Condition 6) final map shall show a 25 foot rear
yard setback line on lots 3, 4 and 5 with a note that the area within
the setback shall not be allowed to be paved or obstructed so as to
allow for nonconcentrated sheet flow drainage to perculate on said lots.
Councilman Settle questioned the accuracy of using a pump system.
' Councilman Dunin felt that a disclaimer should be added that the City
would not be the responsible party for failure of such a system.
George Thacher, City Attorney, explained that a hold harmless or
indemnification was:really not required the way this is set up.
Henry Engen added.that staff did notify approving property owners
explaining the situation and asking their cooperation, but they did not
want an easement across their property.
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 10
Terry Horton, Westland Engineering and representing the applicant,
stated that they had tried to work with staff and adjacent property
owners on an attempt to look at every approach and alternative avail-
able. They would urge Council's support of the project.
Mayor Billig declared the public hearing closed.
On motion of Councilman Griffin, seconded by Councilman Settle, the
following resolution was introduced: Resolution No. 4679 (1981 Series),
a resolution of the Council of the City of San Luis Obispo amending
conditions of the approved tentative map for Tract 966 amending the
grading plans for attachment 1 and conditions 1 and 6 as recommended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin, and Mayor Billig
NOES: None
ABSENT: None
13. HANDICAP ZONES
Council considered a report from the City Engineer reviewing past policy
on handicapped zones in residential neighborhoods.
Wayne Peterson, City Engineer, explained that the Council had heard the
request from Mr. Lloyd Jacobson for handicapped space in front of his
home to allow him to park his car in a spot where his wife would have
access to it. He explained that Mrs. Jacobson was handicapped and that
if the car was not parked in front of a concrete walkway, she could not
get to the car and, therefore, not leave the premises. He felt that the
request -was legitimate, and he could approve the installation of a
proper handicap sign and blue curbing at that location, except that it
is contrary to city policy. He recommended three possible solutions as
outlined by the Police Department: 1) grant a preferential handicap
parking space as requested by Mr. Jacobson, 2) incorporate a prefer-
ential parking system in the entire neighborhood similar.to that incor-
porated in the Slack Street /Longview area or 3) modify the concrete
walkway on Mr. Jacobson's property to allow easy access to and from the
vehicle while it is parked in the Jacobson driveway.
Lloyd Jacobson, 1824 Hays Street, stated he disagreed with staff's
recommended proposals. He felt that they were trying to over simplify
the problem. He explained that his wife was elderly, handicapped and
needed this in order to get in and out of their car. He wanted the
Council•to take immediate action and in response to one of the Council-
man's concerns, felt that a precedent in this case should be allowed.
Henry Hamner, 1263 Southwood Drive, spoke in support of Mr. Jacobson's
request and urged the Council to act favorably on his request.
Councilman Settle questioned whether this would be precedent setting and
what problems might be connected.
George Thacher, City Attorney, explained that this would not necessarily
set a precedent.
Bill Hanley, CAO, apologized that Mr. Jacobson hadn't had the chance to
receive the Police Department's report with those recommendations but
that they had been received late in his office this date. He did not
feel that the problem was precedent setting but mentioned that if this
was a handicapped zone-it would also allow any person who is handicapped
to use this space. Conversely, anyone visiting the property would not
be allowed to park in this space without being subject to a parking
violation.
After brief discussion it was moved by Councilman Griffin, seconded by
Councilwoman Dovey, to defer the matter until the 12/1/81 Council
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 11
meeting and direct staff to meet with Mr. Jacobson on modifying the
proposal and come back with some preliminary recommendations with
respect to preferential parking for that neighborhood. Motion later
withdrawn.
Councilman Settle stated he wished to act on the proposal now.
Councilman Dunin stated he was not aware of the steep incline, from the
material in the packet, but also felt he could act on the matter this
evening. He also did not feel that preferential treatment in the
neighborhood would solve the problem. He would be willing to make a
policy statement that each.case be reviewed on an individual basis.
Councilwoman Dovey preferred to stay with current city policy. She felt
that every time a policy is bent, the city runs into additional
problems. She would rather stay with the current policy and lend
assistance with city staff to meet with Mr. Jacobson on the site in an
effort to come up with an agreeable solution.
Mayor Billig stated she agreed with comments made by Councilwoman Dovey.
On motion of Councilman Griffin, seconded by Councilwoman Dovey, to
direct staff to work with Mr. Jacobson and come back with additional
recommendations by the December 1 Council meeting. Motion carried,
Councilman Settle voting no.
14. SOLAR WATER HEATING REGULATIONS
Council considered an ordinance to establish solar water heating
regulations.
Henry Engen reported that the regulations would basically do three
things: 1) require solar water heating for new swimming pools, spas,
' and hot tubs, 2) require accessible space in basic plumbing to
facilitate future installation of solar water heating equipment in all
buildings using hot water where such a system is not proposed initially,
and 3) require users of large amounts of heated water who do not ini-
tially propose solar heating to submit a life -cycle cost comparison for
solar versus their proposal with the hope that in many cases long -term
savings would become apparent and convince the applicant to employ
solar.
Councilman Dunin questioned in Section 8907 under definitions, "Swimming
pool means any manmade container more than 18" deep." He was concerned
that the 18" not be miscontrued to require bathtubs, etc.
- George Thacher,rCity Attorney; suggested additional wording to,read:
"This definition shall not be contrued to include bathtubs or similar
appurtenances normally installed in bathrooms."
After brief discussion it was moved by Councilwoman Dovey, seconded by
Councilman Griffin, that the following ordinance be introduced:
Ordinance No. 912 (1981 Series), an ordinance of the City of-San Luis
Obispo requiring certain facilities to employ solar water heating, to
incorporate features to facilitate such systems, or to provide life
cycle cost comparisons.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin, Settle, and Mayor Billig
NOES: None
E -1 RESOLUTION OF APPRECIATION
City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 12
On motion of Councilman Settle, seconded by Councilwoman Dovey,
Resolution of Appreciation No. 4680 be adopted expressing the city's
gratitude to Jaclyn Megow as HRC Program Coordinator.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig
NOES: None
ABSENT: None
C O M M U N I C A T I O N S
1. UPDATE OF NORTH COASTAL TRANSIT
Councilman Settle stated that he wished to apprise the Council of the
progress on the Atascadero /San Luis Obispo route. He stated that the
Transit Service hoped to start service using the following schedule:
November 18 - Board approved the amendment No. 2 to JPA and contract for
vehicle operations; November 20 - Staff to advertise for bids on the
vehicle operations contract; November 19 - December 15 - Member agencies
to ratify the amendment No. 2, County would then forward $60,000
start -up money to the North Coastal Transit; December 9 - Staff opens
and analyzes bids; December 16 - North Coastal Transit.Board to.award
contract; and January 2 - Contractor to begin vehicle operations.
Report received and filed.
2. BUSES - ROUTE 2 SCHEDULE
Mayor Billig explained that since the Council initially acted on the
morning bus route to Cal Poly, she has received a significant number of
complaints from students having problems. She would suggest that this
be forwarded to the Mass Transportation Committee and staff for further
recommendation and report back to the Council by December 1.
Councilwoman Dovey stated she thought that this item has already been_
addressed by the Mass Transportation Committee and should be coming back
to Council.
Upon general discussion this item was referred to the Mass
Transportation Committee with report back to the City Council by the
December 1 Council meeting.
3. DOG COMPLAINT IN DOWNTOWN AREA
Mayor Billig explained that she had received--a communication.from
Frank Dufault, Manager of Ross Jewelers, regarding.dogs in the downtown
area.
After brief discussion and upon general consensus, this item was
referred to the Police Department for report and.recommendations on dogs
both in the downtown area and in the parks.
4. MISSION PLAZA CHRISTMAS BAZAAR
Mayor Billig stated that she had also received additional complaints
with regard to the method of selection of artists to be allowed space at
the Mission Plaza Christmas Bazaar.
After brief discussion and upon general consensus, this item was
referred to the CAO for report and recommendation..
Councilman Settle suggested, too, that a future study session be set to
discuss policy statement on this matter.
Councilwoman Dovey stated she would also like to see the formula used in
the criteria when the report comes back.
1
1
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City Council Minutes
November 17, 1981 - 7:00 p.m.
Page 13
There being no further business to come before the City Council, Mayor
Billig,adjourned the meeting at 9:30 p.m. to Tuesday, December 1, 1981,
at 7:00 p.m. at City Hall.
/Pamela gess ty Clerk
i'
APPROVED BY COUNCIL: 12/15/81
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 24, 1981 - 12:10 P.M.
PUBLIC SERVICES CONFERENCE ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, and Allen
Settle
Absent: Mayor Melanie C. Billig
City Staff
Present: Bill Hanley, Interim Administrative Officer
Vice -Mayor Dunin presiding.
12:15 p.m. Vice -Mayor Dunin adjourned the Council to Closed Session to
discuss Personnel Matter.
1:05 p.m. City Council reconvened in Regular Session, Mayor Billig
absent.
There being no further business to come before the City Council,
Vice -Mayor Dunin adjourned the meeting.
APPROVED BY COUNCIL: 12/15/81
Pamela Voges, C' y Clerk