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HomeMy WebLinkAbout12/01/1981M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 1, 1981 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE INVOCATION: Reverend James Stewart - United Methodist Church unT.T. (.AT.T. 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; Pamela Voges, City Clerk; Henry Engen, Community Development Director; Geoff Grote, Legal Assistant;. Ann Mckibbin, Personnel Director; Roger Neuman, Police Chief; Dave Romero, Public Services Director; Jim Stockton, Recreation Director; Terry Sanville, Senior Planner; Glenn Matteson, Assistant Planner E -1. CITY ADMINISTRATOR CONTRACT On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No..4689 (1981 Series), a resolution of the Council of the City of•San Luis Obispo approving an agreement.between the City and Paul A. Lanspery as City Administrative Officer. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None C O N S E N T I T E M S C -1 CLAIMS AGAINST THE CITY On motion of Councilman Griffin, seconded by Councilman Settle, claims against the City for the month of December 1981 be approved and ordered paid subject to the approval of the CAO. Motion carried, all ayes. C -2 COUNCIL MINUTES On motion of Councilman Griffin, seconded by Councilman Settle, that the following minutes be approved as amended: November 9, 1981 - 12:10 p.m., and November 10, 1981 - 7:00 p.m. Motion carried, all ayes. City Council Minutes December 1, 1981 - 7:00 p.m. Page 2 C -3 CONTRACT PAY ESTIMATES On motion of Councilman Griffin, seconded by Councilman Settle, contract pay estimates and change orders be approved and ordered paid. Motion carried, all ayes. C -4 CLAIM AGAINST THE CITY - R. DAMERY On motion of Councilman Griffin, seconded by Councilman Settle, the claim against the City by Roy Damery.in the amount of $295 for damages to his vehicle allegedly caused by golf balls from the Municipal Golf Course be denied. Motion carried, all ayes. C -5 CLAIM AGAINST THE CITY - M. YOUNG On motion of Councilman Griffin, seconded by Councilman Settle, the claim agaaistthe City by Myrtle Virginia Young in the amount of $25,000 for injuries sustained when claimant allegedly tripped and fell on city sidewalk be denied. Motion carried, all ayes. C -6 RETIREMENT PROCEDURES On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4681 (1981 Series), a resolution of the Council of the City of San Luis Obispo delegating authority to make certain determinations and applications relating to disability retirements under the Public Employees' Retirement Law. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None Further, staff was directed to inform the Council administratively of disability retirement actions. C -7 SUBLEASE OF SAN LUIS OBISPO COURTHOUSE BY YMCA On-motion of Councilman Dunin, seconded by Councilman Settle, a consideration of a request from the YMCA for Council authorization to sublease the San Luis Obispo Courthouse racquetball center as a YMCA facility be continued to the December 15, 1981, Council meeting for report and recommendation by staff. Motion carried, all ayes. C -8 AMENDMENT TO JOINT POWERS AGREEMENT On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4682 (1981 Series), a resolution of the Council of the City of San Luis Obispo ratifying amendment no. 2 to the Joint Powers Agreement for the North Coastal Transit. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None C -9. GRANT FOR BUS MAINTENANCE YARD On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4683 (1981 Series), a resolution of the Council of the City of San Luis Obispo authorizing City Council Minutes December 1, 1981 - 7:00 p.m. Page 3 preapplication for an Urban Mass Transportation Administration (UMTA) Section 3 grant to build a bus maintenance yard. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None C -10 SEWER FARM GRAZING LEASE On motion of Councilman Dunin, following resolution was intro a resolution of the Council of agreement between the City and 41.96 acres of grazing land at years. seconded by Councilman Settle, the iuced: Resolution No. 4684 (1981 Series), the City of San Luis Obispo approving an Frank Figone for lease of approximately the Sewer Farm for a period of four Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None C -11 HANDICAPPED ZONES Continued consideration of a report from the City Engineer reviewing past policy on handicap zones in residential neighborhoods and a request by Lloyd Jacobson for a handicap parking space at 1820 Hays Street (continued from 11/17/81). On motion of Councilman Dunin, seconded by Councilman Settle, to approve the installation of a red curb next to Mr. Jacobson's driveway to enable better access for his handicapped wife. Motion carried, all ayes. C -12 WATERLINE IMPROVEMENT PROJECT - GARFIELD STREET On motion of Councilman Dunin, seconded by Councilman Settle, the plans and specifications for "WATERLINE IMPROVEMENT PROJECT, GARFIELD STREET - GRAND TO HENDERSON AVENUES" City Plan No. E -53, bid estimate $24,280 without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes. C -13 WATERLINE IMPROVEMENT PROJECT - LAWRENCE DRIVE On motion of Councilman Dunin, seconded by Councilman Settle, the plans and specifications for "WATERLINE IMPROVEMENT PROJECT, LAWRENCE DRIVE - MEADOW TO BROAD STREETS ", City Plan No. F -22, bid estimate $64;603 without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes. C -14 WHALE ROCK HYDRO- ELECTRIC PROJECT Council considered the plans and specifications for "TURBINE GENERATOR FOR WHALE ROCK PROJECT ", bid estimate $11,500 without contingencies. Councilman Griffin questioned, pursuant to a letter received by Don Smith, who would be responsible for paying for the ongoing operation and maintenance costs of this project. He did not feel that the wording in the current agreement addressed this very well. Bob Mote explained the cost benefit ratio and stated that in his opinion, the City would reap the benefit of receiving this $20,000 grant for the generator and that the sale of this power would more than pay for itself in a relatively short period of time.. City Council Minutes December 1, 1981 - 7:00 p.m. Page 4 Bill Hanley, Interim Administrative Officer and a member of the Whale Rock Commission, agreed with Mr. Mote's comments and added that the Whale Rock Commission had looked at this item in great detail and felt that this would add revenue features over the years to offset the cost of the Whale Rock facility. On motion of Councilman Dunin, seconded by Councilwoman Dovey, the plans and specifications for the hydro - electric project be approved and staff be authorized to call for bids. Motion carried, all ayes. C -15 WEED CUTTER HARVESTER UTILITY BOAT Dave Romero, Public Services Director, reported on.bids received for the purchase of a weed cutter harvester utility boat to be used by the Parks Division, bid estimate $23,670. He explained that the low bid was being recommended to be awarded to Aquamarine Corporation in the amount of $24,700. He explained that this also included the trailer and freight but excluded taxes. After brief discussion it was moved by Councilwoman Dovey, seconded by Mayor Billig, to accept the low bid of $21,350 (excluding freight and taxes) with staff to investigate means of getting equipment to San Luis Obispo in a cost - effective way. Motion carried, all ayes. RESOLUTION OF APPRECIATION Mayor Billig then presented a Resolution of Appreciation to Jackie Megow thanking her for her enthusiasm and contributions as.Human Relations Program Coordinator. 1. ORDINANCE NO. 909 - REZONING 3700 SOUTH HIGUERA STREET Council held a public hearing on the final passage of Ordinance No. 909, an ordinance amending the Official Zone Map of the City to rezone property at 3700 South Higuera Street from P -F (public facility) to C -S -S (service commercial /special considerations). (CR 0987) 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 Councilman Settle, seconded by Councilwoman Dovey, Ordinance No. 909 be given final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig NOES: None ABSENT: None 2. ORDINANCE NO. 910 - REZONING 251 MARGARITA AVENUE Council held a public hearing on the final passage of Ordinance No. 910, an ordinance amending the Official Zone Map of the City 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). (CR 1008) 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 Councilman Settle, seconded by Councilman Dunin, to give final passage to Ordinance No. 910. Finally passed and adopted on the following roll call vote: City Council Minutes December 1, 1981 - 7:00 p.m. Page 5 AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 3. ORDINANCE NO. 911 - REZONING 271 BRIDGE STREET Council held a public hearing on the final passage of Ordinance No. 911, an ordinance amending the Official Zone Map of the City to rezone property at 271 Bridge Street from C /OS- 40'(conservation /open space 5 -acre minimum) and M (industrial) to C /OS -5 (conservation /open space 5 -acre minimum). (R 0999). Geoff Grote, Legal Assistant, explained that there had been a typograph- ical omission in the last section when it referred to the effective date of the ordinance. The ordinance now to read that the effective'date would be 30 days after its final adoption. He would like to add the words "or upon the filing of the easement." Mayor Billig declared the public hearing open. No one spoke for or against the final passage of the ordinance. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey; to give final passage to Ordinance No. 911, as amended (worded or corrected). Finally passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and.Mayor Billig NOES: None ABSENT: None 4. ORDINANCE NO. 912 - SOLAR WATER HEATING REGULATIONS Council held a public hearing on the final passage of Ordinance No. 912, an ordinance requiring certain facilities to employ solar water heating to incorporate features to facilitate such systems, or to provide life -cycle cost comparisons. Henry Engen, Community Development Director, briefly reviewed the ordinance and upon question by Councilman Dunin, he stated that staff had not investigated the possibility of introducing a water -loop system but could if the Council so directed. City Council then directed staff to look at this feature again and report back. Mayor Billig declared the public hearing open. Cliff Branch, part owner of California Cooperage, stated that he was speaking on behalf of his firm as well as several others: John Doyle, with International Spa Investors and Natural Swimming Pools and SEDA Spa Association and SPEC. He continued that they were all concerned with this ordinance. He apologized for not having come to the Council at an earlier time but was only made aware of this ordinance this date. He explained that similar ordinances had been before many other cities and never had been adopted. He stated that a similar ordinance is in court now and has been for two years in litigation. He felt it was an extremely controversial ordinance. To his knowledge no one in the country had ever been able to adopt av ordinance to require spas and tubs to use solar heating. He did know of some cities adopting similar ordinances pertaining solely to swimming pools and larger bodies of water. The simple reason being that it was not proven to be cost- effec- tive. He stated that he was a strong supporter of solar systems, and he has one in his own home. He stated that solar for spas and tubs ends up doubling the cost with little or no cost savings. In talking with City Council Minutes December 1, 1981 - 7:00 p.m. Page 6 Community Development staff, he determined that only eight permits had been issued in San Luis Obispo for spas with solar systems, although he knew that over 200 tubs had been sold in San Luis Obispo alone. This means that no one is willing to get a permit now although his company does encourage it. He feels that this type of an ordinance would definitely discourage anyone from trying to obtain a legal permit thereby creating a more dangerous situation as they will try to put them in themselves without benefit of professional installers. He felt that if this section of the ordinance pertaining to spas and tubs was imposed, it should be more specific in dealing with the type of solar that should be installed or consumers would purchase the fully contained units that are plug -ins as they are considered appliances and would not be subject to this ordinance. Additionally, he suggested covers might be mandated as they do retain more heat. He also felt this ordinance could be considered discriminatory as car dealers are not required to sell diesel cars which have proven to be less expensive to operate than gasoline driven cars. Mayor Billig declared the public hearing closed. Glen Matteson, Assistant Planner, agreed with Mr. Branch that people would probably be more likely to not go through the permit procedure if this ordinance was adopted. He did add that it was proven that the more water you use with a solar system, the more you save. Councilman Dunin was concerned that staff had not apprised the Council of the fact that no other ordinance of this type had been adopted. Council discussed the possibility of going with the same ordinance but deleting reference to tubs and spas. Councilman Dunin did not feel that the City was ready to adopt any kind of an ordinance at this time. After brief discussion it was moved by Councilman Dunin, seconded by Councilman Settle, to continue this ordinance until the next available agenda for additional report back by staff. Staff was also requested to work with Mr. Branch and other members in the industry on proposed rewording. Motion carried, all ayes. - 5. HIGUERA COMMERCE PARK City Council held a public hearing to consider the.Planning Commission recommendations on rezoning and amending the Higuera Commerce Park specific plan. Henry Engen, Community Development Director, explained that the Planning Commission has recommended amendments to Higuera Commerce Park Specific Plan. He felt that before the Council acted on the proposed amendments, they should consider several issues as follows: 1) Growth inducement, 2) general plan conformance- office policies, 3) differences between sub - areas, 4) incompatible uses within sub - areas, and 5) the Los Osos Valley Road extension. He then briefly reviewed each of these items with the City Council. He added-that-before the general plan was adopted in 1977, this area had been zoned agriculture and had later been rezoned to commercial service /light industrial. Mayor Billig suggested taking public testimony this evening and then continuing this item to a future study session. Mayor Billig declared the public hearing open. Rob Strong, representing Robert Hibshman, the owner, stated that the southern portion of this property was in escrow-to R. Howard Strasbaugh of Strasbaugh Optical, Huntington Beach. He stated that he was here primarily to answer any questions that the Council might have but that he could agree with the Planning Commission recommendations. He also stated that most of the.staff recommendations were acceptable. City Council Minutes December 1, 1981 - 7:00 p.m. Page 7 Mayor Billig declared the public hearing closed. After brief discussion and upon general consensus, Council continued this item to the next available study session. 6. PRELIMINARY DEVELOPMENT PLAN AND REZONING - 445 BRIZZOLARA STREET Council held a public hearing to consider a Planning Commission recommen- dation of a preliminary development plan and rezoning of property at 455 Brizzolara Street from R -1 -S (low- density residential, special consider- ation) to R -1 -PD (low- density residential, planned development); Leo Evans, applicant. (PD 1003) Henry Engen explained the Planning Commission on a unanimous vote recommended that the Council pass -to -print the ordinance granting approval of the rezoning with a mitigated negative declaration on environmental impact and subject to the findings and conditions listed in the ordinance. He stated the Planning Commission also recommended the City participate with the applicant in installing the new waterline required across the entire frontage of the project. This portion of waterline normally would not be eligible for City quarterly funding because it did not correct an existing deficiency. Dave Romero, Public Services Director, disagreed with the Planning Commission recommendation to allow this project to qualify for funding across the frontage of the development under the quarterly project. He stated that the City should pay for over - sizing of the extended line but felt that the adopted criteria for requests for quarterly funding to extend this line across the project frontage was not eligible for City participation because it did not correct an existing City facility deficiency. 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 Dunin, seconded by Councilwoman Dovey, the following ordinance was introduced: Ordinance No. 913 (1981 Series), an ordinance of the City of San Luis Obispo amending the Official Zone Map of the City to rezone property at 455 Brizzolara Street from R -1 -S to R -1 -PD. The Council concurred with the policy as recommended by.the Public Services Director. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Dunin, Dovey, Griffin, Settle, and Mayor Billig NOES: None niy�,Y�sarsra 7. FINAL MAP FOR MINOR SUBDIVISION 79 -152 Council held a public hearing to consider the final map for Minor Subdivision No. 79 -152 to create a 3 -unit air -space condominium located at 1256 Galleon Way; James Barker, subdivider. Dave Romero, Public Services Director, stated that all conditions of the approved tentative map had been met, and he would recommend final approval. Mayor Billig declared the public hearing open. Mr. McGonegall, representing the owner, stated that he could support all conditions as imposed by City staff, but he did not feel that the park in -lieu fees in the amount of $6,447.36 was equitable as he was only adding two additional units to this project.. He stated the fees had been paid, but he would like to see the Council reconsider this. City Council Minutes. December 1, 1981 - 7:00 p.m. Page 8 Councilman Dunin stated he could support the final map with the amend- ment to cut the park in -lieu fees by one - third. After brief discussion and on motion by Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4685 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Minor Subdivision SLO 79 -152 located at 1256 Galleon Way. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, and Mayor Billig NOES: Councilman Dunin ABSENT: None 8. FINAL MAP FOR.MINOR SUBDIVISION 81 -141 A. Council considered a request to amend the Condition No. 3 of the tentative map for Minor Subdivision No. 81 -141. Henry Engen reviewed previous history of this site and stated that with some misgivings, staff could concur with the applicant's proposal to revise the new lot line dividing Parcel A and Parcel B. Dave Romero stated that all conditions of the tentative map had been met, including the newly adopted 'sewer acreage fee. He also stated that Public Services staff had no problem with the relocated lot line.. James Buffet made a short presentation outlining the need for the modified lot line location. Mayor Billig declared the public hearing closed. On motion of Councilman Griffin,.seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4686 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Minor Subdivision SLO 80 -141 located at 1340 Sydney Street with the requested change in Condition No. 3. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle, and Mayor Billig NOES: None ABSENT: None 9. FINAL MAP FOR TRACT 807 Council held a public hearing to consider the final map.for Tract No. 807 to create a 15 -unit residential air -space condominium located at 1260 Ella Street; Merillee Peck, subdivider. Dave Romero, Public Services Director, stated that the Public Services Department had reviewed the final map and all conditions of the approved tentative map had been met or bonded for. He stated the standard subdivision agreement provided for beginning of construction within 30 days of recordation of the final map. The subdivider had requested 120 days since the.construction was not scheduled to begin until April of 1982. All improvements were to be completed within 18 months. However, his department would see no problem with this amendment. Mayor Billig declared the public hearing open. Vic Montgomery spoke on behalf of the applicant and spoke of the issue regarding sewer acreage charges being made payable prior to the issuance City Council Minutes December 1, 1981 - 7:00 p.m. Page 9 of building permits. He would urge Council approval of the final map as this had been four years in coming. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey,.the following resolution was introduced: Resolution No. 4687 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Tract No. 807 located at 1260 Ella Street with the added amendment to delay starting time as requested by the applicant. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig NOES: None ABSENT: None 10. FINAL MAP FOR TRACT 937 Council held a public hearing to consider the final map for Tract No. 937 creating 10 lots from 5 lots located 3300 Johnson Avenue;.Roger Brown, subdivider. . . . ... . _ _. Dave Romero, Public Services Director, stated that he had.reviewed the final map and all conditions of the tentative map had been met and all fees paid or bonded for. He stated that pursuant to Resolution No. 4663, a wastewater acreage charge was applicable to all properties not previously receiving such service effective December 1 and .that a note regarding those charges had been placed.on the final map. He- stated that normally all fees were collected prior to approval of the final map, however, in this case a entirely new fee was only recently imposed. The fact that all requirements of the tentative map had been complied with and since the Council meeting happened to occur on the date of the effective resolution, the note seemed the appropriate way to go. -Any map subsequent to December 1 would have the fees collected.prior to Council consideration. Mayor Billig declared the public hearing open. No one spoke for or against the proposed final map.. Mayor.Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4688 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Tract 937 located at 3300 Johnson Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle, and Mayor-Billig NOES: None ABSENT: -None 11. PROMOTIONAL COORDINATING COMMITTEE GRANT RECOMMENDATIONS . Council considered recommendations by the Promotional Coordinating Committee for grant requests for fiscal year 1981 -82. Mayor Billig requested that the Council deal with these recommendations tonight as the Promotional Coordinating Committee had made their recom- mendations based on an approved Council budget and that any discussion of PCC formula would be more appropriately discussed at a future study session. Staff is already compiling background and recommendations for the City Council. City Council Minutes December 1, 1981 - 7:00 p.m. Page 10 Joanne Ruggles, Chairperson of the PCC, spoke on behalf of the Commit- tee's recommendations and explained how those recommendations were arrived at. Upon question she stated that La Fiesta had not been recommended a grant, but rather the Committee wished to reconsider this request at their next meeting. They had a problem with the way the La Fiesta funds were distributed. (The remaining six late -grant request applications would be dealt with in January as well as La Fiesta). After brief discussion it was moved by Councilman Settle, seconded by Councilman Griffin, to approve the activity grants as recommended by the Promotional Coordinating Committee: 1) Associated Students (Poly Royal) - $1,000.00 2) Children's Theatre - $2,000.00 3) Civic Ballet - $2,000.00 4) Cuesta Belles - $1,000.00 5) Cuesta Boosters - $500.00 6) Mozart Festival - $5,000.00 7) Mustang Boosters - $750.00 8) San Luis Obispo County Band - $1,500.00 9) San Luis Obispo County Symphony - $5,000.00 10) San Luis Obispo Vocal Arts Ensemble- - .$1,000.00 Total recommendations $19,750.00. Total activity grants fund $30,000.00. Remaining contingency $10;250.00. Motion carried, all ayes. 12. GRANTS -IN -AID CONTINGENCY RECOMMENDATIONS Council considered a recommendation by the Human Relations Commission on allocation of monies remaining in the fiscal year 1981 -82 Grants -In -Aid budget. Mayor Billig stated that due to the long agenda, she would recommend that this item be continued to Monday, December 7, 1981, at 12:10 p.m. On general consensus,-this item was continued to that date. 13. MASS TRANSPORTATION COMMITTEE RECOMMENDATIONS A. Request by Joe L. Cooper that disabled veterans be given the same pass privileges that senior citizens receive. Dave Romero, Public Services Director, stated that the Mass Transporta- tion Committee recommended that the Council authorize sale of senior passes to disabled veterans. Additionally, MTC recommended that the matter of disabled veterans receiving a senior pass be reconsidered at such time as lift- equipped vehicles were on line and that consideration be made • regarding -service to all handicapped:riders at that.time. Staff was recommending that senior passes be sold to disabled veterans only at City Hall and only upon submittal of adequate certification from the Government that the veteran was:at least 50 percent disabled. Councilwoman Dovey stated she could not support the recommendation as she felt that this was being discriminatory by only allowing veterans to receive this discount as opposed to all disabled people. She felt this City Council Minutes December 1, 1981 - 7:00 p.m. Page 11 was being handled on a piece -meal basis and would like to see this issue reconsidered by the Mass Transportation Committee for additional report. Mayor Billig suggested that the MTC be asked to relook at the farebox ratio and definition of disablement. Councilman Settle stated that he had no problem with the definition of disablement and could support the discount for veterans. Councilman Dunin agreed to go with the MTC recommendation. After brief discussion and upon general consensus, Council agreed that veterans disabled in excess of 50 percent are to receive discounts effective 1/1/82 with MTC to report back within 3 -6 months on the definition of disablement. B. Review of shuttle service to Laguna /South Higuera areas. Dave Romero stated that staff and MTC were recommending that the Council discontinue Route 4 of the Laguna /South Higuera shuttle if ridership and farebox ratio did not increase to some reasonable standard by the end of November. However, he stated he had received additional information today that indicated that there were more than the average number of transfers on this route which showed that approximately 16 people per day transfer to the Route 4 bus but were not included in the ridership statistics. More importantly, those figures indicated 13.7 of every 100 passengers on Route 4 were transfers; as opposed to 5.1 on Route 1, 4.1 on Route 2, and 10.9 on Route 3. He would, therefore, revise his earlier recommendation and recommend that the service be continued at least through the end of the school year with the staff to continue monitoring the system and report back to the Council. After brief discussion and upon general consensus, Council agreed to continue the shuttle service to the Laguna /South Higuera area through the end of the school year, with staff to report back at the end of that time with review and to determine more accurate ridership based on trasfers. C. Report on additions and removal of bus stops along the routes: Dave Romero reported that MTC was recommending eight new bus stops that would cost a total of approximately $2,500 for materials. However, there was only approximately $1,000 remaining for the bus system mate- rials. He would, therefore, request a supplemental appropriation of approximately $1,500 and would prepare the necessary budget resolution for a future meeting if the Council concurred. Councilwoman Dovey asked for clarification of the figures arrived at as to the cost of the benches as shown in the staff report. Councilman Dunin was concerned that staff not put the benches in but just signs only at this time until it was proven that these stops were worthwhile. After brief discussion and upon general consensus, Council agreed that the eight bus stops be approved with the installation of signs only. 1 D. Consideration of complaints received of morning bus route to Cal Poly. ' Helen Karlovich stated that she would recommend that the Council not eliminate any bus route service as she strongly.felt that the bus system needed to be supported and if anything, additional stops established. Catherine Owens, 1552 #8 Madonna Road, stated that she was boycotting the bus because of the change of the morning bus route. She was sup- portive of the other recommendations but would ask the Council to reinstate the early morning bus route so that she could get to work on time. City Council Minutes December 1, 1981 - 7:00 p.m. Page 12 After brief discussion and upon general consensus, Council agreed that staff should reinitiate the 6:26 a.m. bus on Route 2 to Cal Poly effec- tive 1/1/82. Council also concurred with the MTC recommendation relat- ing to the location of the North Coastal /Cuesta stop at City Hall. 14. CALIFORNIA MEN'S COLONY EIR Council considered the Environmental Impact Report for the California Men's Colony proposed expansion. Councilman Settle stated he would have liked to have seen several areas addressed more fully: 1) Number of inmates they will have, 2) concern with the security, and 3) any statistics on crimes committed by inmates and what adverse effects this would generate in the community. Councilman Dunin stated that this EIR was the most poorly prepared report he had ever seen. It did not address the number of prisoners, protection to the community, the types of prisoners that they would have, and many other items. Councilwoman Dovey agreed that this was a poorly written report. She especially didn't like their reference that they opted to have the EIR when in fact they were mandated to prepare the EIR. . Councilman Griffin stated that the draft EIR was totally inadequate. He would like to see many of the Council concerns addressed in the trans- mittal letter, also, comments made by Mr. Mote. He felt it was important that the transmittal letter state Council concerns as opposed.to just having the attachments made a part of the letter.as he is afraid that they would get lost in the shuffle. Mayor Billig agreed with comments made by the other Councilmembers. She felt the report was totally inadequate, was difficult to read, there was misinformation, it was an affront to the public, did not address the number or types of prisoners, nor did it speak to the long and the short -term impacts and did not-describe the project. She would also like incorporated into City's letter to see Mr. Mote's comments as she felt they were extremely critical. She agreed with Councilman Griffin that these comments should be made a part of the cover letter. She also felt the comments submitted by Police Chief Neuman were extremely important and should be included in City's letter. After brief discussion Council directed staff to rewrite the letter incorporating as much of these questions.in the transmittal letter as possible and authorize the Mayor to sign. 15. BUILDING SETBACK LINES - ORCUTT ROAD OVERPASS Council then considered revising the adopted official building setback lines on Orcutt Road between Broad Street and Johnson Avenue. Dave Romero reported the Planning Commission had reviewed the staff recommendation to establish a new setback line. The revision was primarily in the area of the Southern Pacific Railroad tracks and was based upon the adopted plan as approved by the Council about a year ago. Adoption of the new setback line would allow staff to protect the right of way necessary to construct the project at some future date. Staff would also recommend that a portion of the ordinance which dealt with Broad Street between Mitsuhito and Rockview be deleted from the Munici- pal Code. The section had been identified improperly on the maps and ordinances passed in the 60's and were no longer appropriate inasmuch as Broad Street had been widened beyond the limits established on the setback line map. Fred Hamlin, 1767 Conejo and representing the owner of the old McMillan Ranch, questioned the embankment -type of approach vs. the bridge -type of approach. He would hope the City would hire a competent bridge engineer for this project. He felt that a lot of good ground would be lost with City Council Minutes December 1, 1981 - 7:00 p.m. Page 13 the embankment recommendation. He would urge the Council to get addi- tional studies before proceeding. Dave Romero stated that several consultants had studied the alternates and had concluded that an embankment solution represented the most cost effective solution. He agreed that the.escalating land values could affect this determination. Fred Hamlin continued that he felt it was unfair to expect the owners of this property to pay all of the cost as there were many other people who would be benefitting by this project. Councilman Settle questioned that if there were evidence in.the future that the bridge structure would be better, would it be too late to consider this alternative. Dave Romero stated that.he would still favor a plan line which would permit the earthwork solution as he felt it allowed more flexibility. Mayor Billig suggested leaving the ordinance flexible enough so that it would not preclude the flexibility of other options if another solution proved to be better later down the line. She.was concerned that the design eventually used should be the most economical and least environ- mentally damaging. After brief discussion it was moved by Councilman Dunin, seconded.by Councilman Settle, to continue this ordinance to the next available Council agenda for additional:staff review and recommendations.. Motion carried, all ayes. C O M M U N I C A T I O N S NOISE ORDINANCE Mayor Billig stated that she was still receiving.complaints with',regard to the noise at Mission Plaza and would look at the overall impacts of noise in the community. After brief discussion and upon general consensus, staff was directed to analyze and make recommendations to strengthen the present noise ordi- nance reflecting these concerns. There being.no further business to come before the City Council, Mayor Billig adjourned the meeting at 10:50 p.m. to Monday, December 7, 1981, at 12:10 p.m. •,I P ela Vog s,. Ci lerk APPROVED BY COUNCIL: 1/5/82 1