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03/16/1982M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 16, 1982 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE 1 ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, City Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Steve Smith, Acting Fire Chief; Geoff Grote, Acting Community Development Director; Roger Neuman, Police Chief; Dave Romero, Public Services Director; Terry Sanville, Senior Planner 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 Councilman Dunin, claims against the city for the month of March 1982 be approved and ordered paid subject to the approval of the CAO. Motion carried, all ayes. C -2 COUNCIL MINUTES On motion of Councilman Settle, seconded by Councilman Dunin, minutes from the February 16, 1982 - 7:00 p.m. be approved as amended. Motion carried, all ayes. C -3 PCC GRANT CONTRACTS On motion of Councilman Settle, seconded by Councilman Dunin, the following resolutions were introduced: Resolution No. 4762 (1982 Series), a resolution approving an agreement with the County Youth Symphony in the amount of $1,500; Resolution No. 4763 (1982 Series), a resolution approving an agreement with Cuesta Vocal Jazz Ensemble for $750; Resolution No. 4764 (1982 Series), a resolution approving an agreement with Gold Coast Chorus in the amount of $750; Resolution No. 4765 (1982 Series), a resolution approving an agreement with India, Inc. in the amount of $250; Resolution No. 4766 (1982 Series), a resolution approving an agreement with Miss City of San Luis Obispo in the amount of $500; Resolution No. 4767 (1982 Series), a resolution approving an agreement with the Presidential Classroom for Young Americans in the amount of $500; Resolution No. 4768 (1982 Series), a resolution approv- ing an agreement with the San Luis Obispo Art Association in the amount of $3,000; and Resolution No. 4769 (1982 Series), a resolution approving an agreement with La Fiesta in the amount of $3,000 be approved. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 2 C -4 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT 718 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4770 (1982 Series), a resolution of the Council of the City of San Luis Obispo granting final acceptance of public improvements for Tract 718 (Laguna Shores), located at 1301 Laguna Lane; Val Vista Estates, subdivider. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -5 MONTEREY /GRAND TRAFFIC SIGNAL BIDS Council considered report of bids received for "MONTEREY /GRAND TRAFFIC SIGNALS "; bid estimate $61,539.33 without contingencies; bids opened March 5, 1982. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4771 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding the low bid to Lee Wilson Electric Company in the amount of $43,956.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -6 RESOLUTION UPHOLDING APPEAL - R.FERRIS On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4772 (1982 Series), a resolution of the Council of the City of San Luis Obispo granting an appeal from a Planning Commission denial of an application for a use permit to operate a coin - operated electronic game amusement center at 879 Higuera Street (Ferris) with the following amendments: A. "Hours of operation shall be limited to the hours of operation of the adjacent business known as Cheap Thrills Record Store" C. "Applicant shall install and maintain bicycle racks at the rear of the building pursuant to a plan approved by Community Development Department staff." G. "Applicant shall maintain and regulate the premises -in a manner so as to discourage loitering, disturbing of customers, unruliness, �i and unlawful activities." J. "Approximately six months from, and again approximately one year from, the date of adoption of this resolution, the Council shall review the conduct and operation of the electronic game amusement center of this resolution, including consideration of any complaints concerning the conduct or operation of the center. If the Council finds that there is or has been a violation of any of the conditions hereof or if it .finds the applicant has not operated the center in the manner as represented to the city by the applicant, the Council may set the matter for relocation hearing under the'applicable provisions of city zoning regulations. Nothing herein shall re- City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 3 strict city's ability to set a relocation hearing as necessary at any other time." Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -7 PLANS AND SPECIFICATIONS - MILL STREET WATERLINE IMPROVEMENTS Council considered plans and specifications for "WATERLINE IMPROVEMENTS - MILL STREET, MORRO TO SANTA ROSA "; City Plan No. F -31, bid estimate $31,640.00 without contingencies. On motion of Councilman Settle, seconded by Councilman Dunin, that plans and specifications be approved and staff be authorized to call for bids. Motion carried, all ayes. C -8 PLANS AND SPECIFICATIONS - MURRAY STREET SEWERLINE A. Council considered plans and specifications for "MURRAY STREET SEWERLINE, CHORRO TO SANTA ROSA "; City Plan No. D -24, bid estimate $20,070.00 without contingencies. B. A resolution approving eight agreements for acquisition of easements for construction and maintenance of sewerlines through private property. On motion of Councilman Settle, seconded by Councilman Dunin, that plans and specifications be approved and staff be authorized to call for bids. Motion carried, all ayes. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: .Resolution No. 4773 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and various owners of properties for acquisition of an easement for sewerline adjacent to Murray Street between Chorro and Santa Rosa Streets. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -9 TRANSPORTATION AGREEMENT AMENDMENT On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4774 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an amendment with the San Luis Transportation Company to extend the contract period for three months to June 30., 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -10 TRANSIT COACH BIDS Council considered report of bids received to "FURNISH FOUR TRANSIT COACHES AND EQUIPMENT ", bids opened March 5, 1982. City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 4 Mayor Billig stated she was in receipt of a letter from Mrs. Rose Barger, 175 Book Street, San Luis Obispo, which she read into the record as follows: "As a past member of the Mass Transportation Committee, I would like to request that you consider the buses that are manufactured in the United States in preference to buying out of the country. The Canadian bus manufacturer has a representative in the U.S.; however, they are manufactured in Canada, and under present unemployment conditions I recommend that you consider buses built in California." Paul Lanspery, Administrative Officer, explained that although this company is in Canada, the low bid was $20,000 less -per- coach. Dave Romero, Public Services Director, stated that Ontario Bus Indust- ries from Canada was planning to open a factory in the United States in the near future and could meet a "buy America" provision it imposed. In his opinion the City interest is better served by purchasing a bus from an ongoing assembly line rather than one just starting up. On motion of Councilman Settle, seconded by Councilman Dunin, to award the bid to Ontario Bus Industries for $503,969.00. Motion carried, all ayes. C -11 POLICE VEHICLE BID Council considered report of bids received for "METER ENFORCEMENT VEHICLE FOR THE POLICE DEPARTMENT ", bids opened March 25, 1982. On motion of Councilman Settle, seconded by Councilman Dunin, to award the bid to Cushman Motor Sales, Inc., for $5,853.91. Motion carried, all ayes. 1. ADVISORY BODY APPOINTMENTS City Council considered recommendations.by the Council subcommittees of nominations for appointment to six advisory bodies as follows: A. Architectural Review Commission. On motion of Councilwoman Dovey, seconded by Councilman Griffin, to appoint John Mendenhall and Thomas Priest to two -year terms expiring March 31, 1984. Motion carried, all ayes. B. Citizens Advisory Committee. On motion of Councilman Settle, seconded by Councilman Dunin, to appoint Carl Lutrin, Pete Dunan, Michael Nelson, Sidney Salinger,.Wanda Halderman and Terrance Tokuuke to two -year terms expiring March 31, 1984, and Veronica Croutcher for a one -year term expiring March 31, 1983. Motion carried, all ayes. C. Human Relations Commission. On motion of Councilman Settle, seconded by Councilman Griffin, to appoint John Carsel, Perry Conner, Gary Deno, Josef Kasparowitz, Mary Ann Vasconcellos and Carol Tingle to two -year terms expiring March 31, 1984, and Doug Jones and Maria Singleton to one -terms expiring March 31, 1983. Motion carried, all ayes. On motion of Councilwoman Dovey, seconded by Councilman Settle, to approve the draft letter inviting those applicants not appointed to participate in the Humans Relations Commission "Talent Bank'% Motion carried, all ayes. City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 5 D. Park and Recreation Commission. On motion of Councilwoman Dovey, seconded by Councilman Dunin, to . appoint Harry Henderson to a two -year term expiring March 31, 1984. Motion carried, all ayes. E. Planning Commission. On motion of Councilman Settle, seconded by Councilman Griffin, to appoint Randy Bullock, Sylvia Drucker, Mark Bailey two -year terms expiring March 31, 1984. F. Promotional Coordinating Committee. and Penny Rappa to On motion of Councilman Dunin, seconded by Mayor Billig, to appoint Joanne Ruggles, Linnaea Phillips, Rob Sexton, and Margaret Bond to two -year terms expiring.March 31,. 1984. Motion carried, all ayes.. 2. WEED ABATEMENT ASSESSMENTS Council held a public hearing to consider the report of Fire Chief confirming costs of the destruction or removal of weeds in various areas of the city. Steve Smith, Interim Fire Chief, explained that the charges included were a part of the 1981 Weed Abatement Program Administration. Prior to the removal of weeds by the Fire Department, the subject properties were posted with notice to clean and owners advised by mail in writing to destroy or remove the weeds. If the property owner did not, the Fire Department contracted to have the weeds removed and the owner assessed the cost plus a 75 percent administration cost. In the event confirmed assessments were not paid before August 15, 1982, following the confirmation hearing, assessments would be added to the tax bill, thereafter, becoming a lien on those properties. Upon question by Councilman Dunin, Mr. Smith explained that the city did not derive a profit but that the 75 percent administrative cost was an attempt to defray weed abatement removal costs by the City. Mayor Billig declared the public hearing open. No one spoke for or against the proposed assessment. Mayor Billig declared the.public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, to confirm weed abatement costs and.assessments as recommended by.staff.. Motion carried, all ayes. After brief discussion, City Administrative Officer was directed to negotiate with the county and report back regarding possibility of the city or county to perform similar assessments on surrounding county properties. Motion carried, all ayes. 3. ABANDONMENT OF DANA AVENUE Council held a public hearing to consider a resolution abandoning.a portion of Dana Avenue between Loomis and Hope Streets; City of San Luis Obispo, applicant. Dave Romero, Public Services Director, stated that this is the final public hearing for the proposed abandonment which was subject to reservation of easement for P.G.& E. to maintain existing facilities and for the city to maintain the drainage facilities. There were no conditions to be met prior to the recording of the abandonment and no protests had been received at previous hearings held. He also submitted a revised Exhibit "B" which included additional conditions from Sonic T.V. and Pacific Telephone Company. The Public Services Department initiated the abandonment, and he would urge Council concurrence to abandon this street. Mayor Billig declared the public hearing open. u City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 6 Roger Bishop, 2075 Hope Street and neighboring property owner, spoke in support of the proposed abandonment. He felt that it would be an improvement for both the city and the adjacent land owners. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4775 (1982 Series), a resolution of the Council of the City of San Luis Obispo finding and determining that a portion of Dana Avenue between Loomis and Hope Streets (except the northerly ten feet) is unnecessary for present or prospective public street purposes and ordering the abandonment of same with the amended Exhibit "B ". Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: Councilman Griffin ABSENT: None After brief discussion, staff was directed to develop criteria and guidelines for the evaluation and submittal of future street abandonments. 4. CONDOMINIUM CONVERSION Public Hearing was scheduled to consider condominium conversion request to allow conversion of seven apartment units at 1120 Leff Street to residential condominium units, R -3 zone; Joseph Lindsey, applicant. Geoff Grote, Interm Community Development Director, requested that the ' Council continue this item to April 20 as the full packet had not yet been received from the applicant. On motion of Councilman Dunin, seconded by Councilman Settle, to continue this item to .-the April 20, 1982 Council meeting and invite the applicant. Motion carried, all ayes. 5. FINAL MAP APPROVAL FOR MINOR SUBDIVISION 79 -169 Council held a public hearing to consider a resolution granting final map approval for Minor Subdivision 79 -169 located at 1360 and 1366 Sydney Street; Bruce Smith, subdivider. Dave Romero, Public Services Director, stated that the final map had been reviewed by the Public Services Department and all conditions had been met, and he would urge approval of the final map. 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. 4776 (1982 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Minor Subdivision 79 -169 located at 1360 ' and 1366 Sydney Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 7 6. GENERAL PLAN AMENDMENT - GP.1011 JOHNSON AVENUE Council held a public hearing to consider an appeal by Dr. George Johnson of a Planning Commission decision denying amendment of the general plan Land Use Element map, approximately 1/3 acre at 1739 through 1777 (odd) Johnson Avenue from medium -high density residential to office; Dr. George Johnson, applicant. Terry Sanville, Senior Planner, stated that Dr. Johnson had applied for this change and a rezoning to office planned development so-that he could remove the existing residences and build a new 3,500 sq...ft. medical office. The rezoning though is not being considered at this time. Staff would support carrying out the housing element policy to leave the property medium -high density residential, although the property is well suited to office development and it would be a close interpretation call going either way. The Planning Commission denied it on a 3 -2 vote. Mayor Billig declared the public hearing open. Mrs. J. Lund, 1739 Johnson Avenue and owner of this property, asked for clarification of the subject address as her address is 1739 Johnson Avenue, and she was not requesting a general plan use amendment and assumed there was an address error. Staff was directed to clarify the subject address. Rob Strong, representing Dr. Johnson, explained that the Planning Commission on 3 -2 vote denied the general plan amendment application for medical office development adjoining French Hospital on Johnson Avenue, although the majority of the Commission.had favored the requested medical office planned development despite the unavoidable conflict with the housing element policy for retention of existing residential use. The Commission's reluctance to amend the plan without assurance that the particular planned development would occur seemed to favor a PD rezoning subject to planned interpretation. His client understood that this was a general plan amendment request only and would not actually be rezoning the property as this would require additional design refinement. He believed the city could specifically control precise development of the property through the planned development zoning proposed but was requesting that they first resolve the policy dilemma. Upon question by Mayor Billig, Mr. Strong stated that they had not offered the existing buildings to People's Self -Help Housing or any other group at this time but they certainly would be willing to do so. Steve Petterson, 1737 Sidney Street and owner of the property, stated that he had purchased the property 18 years ago; still owned it but as he had no interest in further development of this property, felt that this would be a good opportunity for Dr. Johnson as a medical office. He understood the need to preserve housing but he did not feel that Johnson Avenue was the same street it was 18 years ago. This was no longer a primarily residential area-as the traffic.on Johnson had increased many times over and French Hospital had since been built. He further explained that the buildings would probably not meet any existing building codes at today's standards and felt it would be compatible as an office medical use. Jerry Riess, representing the Planning Commission stated that if this had been submitted.as a planned.development, it might well have been approved by the Commission by at least a 3 -2 vote. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Mayor Billig, to deny the appeal. Councilman Griffin stated that although there was very little testimony that he disagreed'with, the overriding factor was the ripeness of the proposal. He was extremely concerned about the availability of housing 1 I-I 1 1 City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 8 and although he felt eventually this piece-of property would be used for medical office space, it was premature given current economic condi- tions, the housing situation the City currently faces and the fact that this lot is still in a viable residential area. Councilwoman Dovey agreed with comments made by Councilman Griffin. She did not feel comfortable with this fitting in with the land use element when talking about providing transition between residential and existing commercial or industrial uses. The hospital use is not the same as most commercial or industrial uses. The argument that there were established offices in this area she did not feel valid as most of them are on the other side of the block., and she felt the medical office was an office use. She was concerned that access through the hospital property might not always be allowed. She could see no conflict between the residential and hospital compatibility. She did feel that if the city were to change use for this site, then similar requests might be received from adjacent properties to do likewise, which she would be opposed to. Councilman Dunin disagreed with the stated that staff had clearly shown for this development. The land use the periphery of the city. He felt compared with other office uses. H shortage but'that's why he suggeste of these buildings so that no units suited on this street due to the no He would support the appeal with th be maintained and that the applican existing buildings. previous two Councilmembers. He that the property was well suited element also encouraged offices on that the medical use could not be was also concerned about housing the applicant'look into relocation would be lost. Homes are not well se and added traffic circulation. assurance that the driveway access look into relocation of the Councilman Settle agreed with Councilman Dunin's comments and stated that he could support the PD office use and would support the appeal. Mayor Billig agreed with comments made by Councilmembers Dovey and Griffin. She felt that this was a primarily residential area and would not be comfortable with additional lost housing. Motion carried on the following roll call vote: AYES: Councilwoman Dovey, Mayor Billig and Councilman Griffin NOES: Councilmembers Dunin and Settle ABSENT: None 7. GENERAL PLAN AMENDMENT - GP1019 SAN LUIS OBISPO CREEK Council held a public hearing to consider a Planning Commission recom- mendation to amend the general plan Land Use Element mapy approximately 14 acres between the Elks Lane Drive -In Theatre and San Luis Creek from service commercial /light industrial to interim conservation /open space, to correspond with current zoning, and note in the text that this area may be changed to an urban designation,if the flooding problem is solved; City of San Luis Obispo, applicant. Terry Sanville, Senior Planner, explained that the Planning Commission had initiated this change at staff's request so the general plan map would more accurately reflect the adopted zoning in this area. Mayor Billig declared the public hearing open. No one spoke for or against the proposed amendment. Mayor,Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4777 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending the Land Use Element of the general plan to change the designation of an City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 9 area at Prado Road and Elks Lane from service- commercial /light indust- rial to interim conservation /open space. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 8. GENERAL PLAN AMENDMENT - GP1005:ELKS LANE Council held.a public hearing to consider a Planning Commission recommendation to amend the general plan.Land Use Element map, approximately three acres bounded.by Elks Lane, Highway 101,and San Luis Creek from conservation /open space to interim conservation /open space, and to note in the text that this area may be changed to an urban land use designation if the flooding problem is solved; City of San Luis Obispo, applicant. Terry Sanville, Senior Planner, reminded the Council that when the Planning.Commission had made recommendations on several other amendments concerning open space designation in the South Higuera area, the Council had initiated this change feeling it was similar to the drive -in theatre property to the east. Staff would recommend the amendment to the map and adding a note to the Land Use Element as was done for the drive -in theatre property. Mayor Billig declared the public hearing open. No one spoke for or against the proposed amendment. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No..47.78 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending the Land Use Element of the general plan to change the designation of an area at Elks Lane and Highway 101 from conservation /open space to interim conservation /open space. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None 9. GENERAL PLAN AMENDMENT - GP1018 AUGUSTA STREET Council held a public hearing to consider a Planning Commission recommendation to amend the general plan Land Use Element map, 2929 through 3051 (odd) Augusta Street from public /semi - public to neighborhood commercial and high- density residential,.to correspond with current zoning; City of San Luis Obispo, applicant. Terry Sanville, Senior Planner, explained the Planning Commission initiated this change at staff's request so that the general plan map would more accurately reflect the adopted zoning in this area. Mayor Billig declared the public hearing open. No one spoke for or against the proposed amendment. Mayor Billig declared the public hearing closed. On motion of Councilman Settle seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4779 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending the Land Use Element of the-general plan to change the designation of areas City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 10 at Augusta Street and Laurel Lane from public /semi - public to high density residential and to neighborhood commercial. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None Staff was also directed to investigate the appearance of the property and report back on possible alternatives. 10. GENERAL PLAN AMENDMENT - GP1006 ENERGY ELEMENT Council held a public hearing to consider a Planning Commission recommendation to amend the general plan Energy Element to revise programs and update standards for solar orientation and exposure; City of San Luis Obispo; applicant. Terry Sanville, Senior Planner, then went through the proposed changes and explanations on a one -by -one basis. 8:40 p.m. Mayor Billig declared a recess. 8:55 p.m. City Council reconvened, all Councilmembers present. City Council continued their discussion of the Energy Element and its changes. Mayor Billig declared the public hearing open. No one spoke for or against the proposed Energy Element amendments. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No: 4780 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending the Energy Element of the general plan to include the amendments to Exhibit "A" as suggested by Councilman Settle and topography statement as suggested by Councilwoman Dovey and referencing numbers and titles as suggested by Councilman Griffin. (Copy available in Clerk's Office for inspection.) Passed and adopted on the following.roll call.vote: AYES: Councilmembers Dovey, Settle; Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 11. SHRUBBERY TRIMMING REQUIREMENTS Council considered an appeal by William Earl Tickell,.Jr., regarding shrubbery trimming requirement at 390 Islay.Street. Dave Romero, Public Services Director, explained that the Public Services Department had conducted for many years an ongoing program of posting properties for hedges that had created an obstruction to ' visibility at intersections. In 1974 the city posted Mr. Tickell's property and at that time, Mr. Tickell appealed to the Council, and the then Council overruled staff regarding the required hedge:trimming. City staff is now in the process of reposting properties and finds that this hedge and the one across the street both represent a definite hazard to the motoring public and both in violation of the obstruction to visibility ordinance. Mr..Tickell was appealing on.the basis that the Council had already made a finding which would grant him a permanent exception. It was not at all clear to staff that the exception in 1974 was intended as a permanent exception. Staff felt the hedge was a definite hazard and should be reconsidered by the Council. City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 11 Mr. Tickell stated that he had always been told by the city that as long as the hedge had been well trimmed, it would not be ticketed. After having been ticketed, he checked with the Police Department to determine the number of accidents that had occurred as a result of this intersec- tion and was told that none had taken place to their knowledge. He had never experienced any problems at this location. He felt that it had a aesthetic value, having been there since the 1890's. It provided privacy and a noise buffer, as well as safety protection. He suggested that the city paint the curb red 15 feet from the intersection. After brief discussion, it was moved by Mayor Billig, seconded by Councilman Dunin, to continue the appeal and refer the matter to the Traffic Committee for a report specifically addressing options regarding safety with alternative recommendations. Motion carried, all ayes. After brief discussion, staff was directed to review and reevaluate the current ordinance and bring back to Council with report. Ken Bruce, acting as a private citizen, stated that he had been resident of this area ten years ago. He was pleased with the Council's action this evening and would support the leaving of the hedge in tact. C O M M U N I C A T I O N S A. On motion of Councilman Griffin, seconded by Councilwoman Dovey, that Councilmembers Dunin and Settle be'appointed as subcommittee to meet with Community Development Director candidates. Motion carried, all ayes. B. On motion of Councilman Dunin, seconded by Councilman Griffin, that Councilwoman Dovey and Mayor Billig be appointed as subcommittee to monitor the Rent Stabilization and Lease program. Motion carried, all ayes. C. Mayor Billig appointed Vice -Mayor Dunin as liaison between Greeks and the city regarding Greek Row. D. Mayor Billig requested Councilman Settle contact the League of California Cities Channel Counties Division regarding clarification of a request to appoint city liaison to the Division in lieu•of the fact that Councilman Settle was a Channel Counties Division officer. E. Mayor Billig explained that she had received a communication from the Human Relations Commission asking the Council if they wished the HRC to go ahead with development of program to review the escalating rents in the community and possibly hold a public hearing.' After brief discussion Council directed that the HRC Council sub- committee, City Administrative Officer, Human Relations Commission Coordinator and Chairperson to HRC develop a program to review the escalating rents, proceed to obtain preliminary findings, and report back to Council prior to holding a public hearing. I . 10:00 p.m. Mayor Billig adjourned the meeting to Closed Session to discuss Litigation Matters. 10:25 p.m. City Council reconvened, all Councilmembers present. On motion of Councilwoman Dovey, seconded by Councilman Dunin, the , following resolution was introduced: Resolution No. 4781 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with McDonough, Holland & Allen to represent the -city regarding the Wastewater Treatment Plant grant before the State Water Quality Control Board. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig City Council Minutes Tuesday, March 16, 1982 - 9:00 p.m. Page 12 NOES: None ABSENT: None There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 10:30 p.m. Pamela Voges, City Clerk APPROVED BY COUNCIL: 4/6/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, MARCH 22, 1982 — 12:10 P:M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, City Attorney; City Engineer; Director; Dave Hook, Planning Coordinator Administrative Officer; George Thacher, Pamela Voges, City Clerk; Wayne Peterson, Geoff Grote, Acting Community Development Romero, Public Services Director; Jeff Assistant; Steve Henderson, HRC ------------------------------------------------------------------------ 1. MOBILEHOME RENT CONTROL ORDINANCE Council considered a draft ordinance establishing rent control procedures and guidelines (continued from 3- 15 -82). George Thacher, City Attorney, briefly reviewed changes made to the draft mobilehome park rent stabilization ordinance as discussed at the Council meeting of March 16. The changes included the following: 1) No exemptions for small parks; 2) Review Board to have three members and two alternates; 3) reports to Council from Board after each review hearing; 4) application fee of $300; 5) Review Board decisions appeal- able to City Council; Council either ratifies the Board without hearing or sets a hearing and makes its own findings and conclusions; 6) base space rent set as of March 15, 1982; 7) ordinance sunsets in three. years; 8) U.S. Consumer Price Index substituted for Long Beach- Anahiem- Los Angeles; 9) Review Board to make its decision within 20 days; 10) Review Board to consider hardship exceptions, i.e., those wherein it can be shown that extraordinary expenditures /costs will make it impossible