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04/06/1982City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 2 On motion of Councilman Settle, seconded by Mayor Billig, the following people were confirmed: Richard E. Clayton, Dick Cleeves,:Vincent Fonte, Frederick•Mamerow, Sara McEre, Andrew Merriam, Harold Miossi, Patricia Nicholson, Leo Pinard, Charles Quinlan and Joseph Silvaggio. Motion carried, all ayes. C -1 CLAIMS AGAINST THE CITY On motion of Councilman Settle, seconded by Councilman Griffin, claims against the City for the month of April 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 Griffin, that the following minutes be approved as amended: February 22, 1982 - 12:10 p.m.; March 2, 1982 - 7:00 p.m.; March 9, 1982 - 7:00 p.m.; March 16, 1982 - 7:00 p.m. Motion carried, all ayes. C -3 CLAIM AGAINST THE CITY - ANDREW LAW On motion of Councilman Settle, seconded by Councilman Griffin, the claim against the city by Andrew Law in the amount of $1,000 for per- sonal injury damage due to fall on city sidewalk and curb located at 974 -A Monterey Street be denied. Motion carried, all ayes. C -4 CLAIM AGAINST THE CITY - LESTER MURPHY On motion of Councilman Settle, seconded by Councilman Griffin, the claim against the city by Lester Murphey in the amount of $695 for property damage to mobilehome skylight from stray golfball allegedly originating from Laguna Lake Golf Course. Motion carried, all ayes. C -5 CLAIM AGAINST THE CITY - MARK TORIK On motion of Councilman Settle, seconded by Councilman Griffin, the claim against the city by Mark Torik in the amount of $100,000 for personal damage to claimant when he fell from the roof of the Anderson Hotel be denied. Motion carried, all ayes. C -6 CONTRACT PAY ESTIMATES On motion of Councilman Settle, seconded by Councilman Griffin, contract pay estimates and change orders be approved and ordered paid. Motion carried,.all ayes. C -7 CLOSURE OF STATE HIGHWAY 227 FOR LA FIESTA On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4783 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving closure of State Highway 227 for the La Fiesta Parade to be held on May 22, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -8 HRC GRANT CONTRACT On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4784 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the Women's Shelter Program for $1,745.50 for services provided from January 1 through June 30, 1982. City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 3 Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -9 WASTEWATER TREATMENT PLANT AGREEMENT , On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4785 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending an agreement with Kennedy /Jenks Engineers, Inc., for consulting- engineering services in connection with the wastewater treatment and disposal facilities, this agreement to approve fourth amended agreement and authorizing the Mayor to sign. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -10 AMENDMENT TO PLANNING COMMISSION BYLAWS On motion of Councilman Settle, seconded by Councilman Griffin; the following resolution was introduced: Resolution No. 4786 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending the Planning Commission's bylaws to reflect voting requirement as a result of the increase in commissioners. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and.Mayor Billig NOES: None ABSENT: None C -11 AGREEMENT WITH WALTER BROTHERS On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4787 (1982 Series), a resolution of the Council of the City of San Luis Obispo between the City and Walter Brothers Construction.Company for installation of traffic signals at South Higuera Street at Prado Road and Margarita Lane. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -12 PLANS AND SPECIFICATIONS - OSOS STREET SIDEWALK RECONSTRUCTION Council considered the plans and specifications for "OSOS STREET SIDE- WALK RECONSTRUCTION "; City Plan No. F -29; bid estimate for Mission -style sidewalk $18,871.00, without contingencies. Mayor Billig suggested that this item be deferred until staff could report on the entire sidewalk policy issue continued from September 1981. City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 4 Dave Romero, Public Services Director, stated he would be opposed to having this item deferred as it was responding to a safety hazard presently existing, and he feels the city would be very liable if an injury should occur. Councilman Dunin was concerned that now the liability issue had been brought to the Council's attention, the city's liability has increased and this item should be responded to. ' Councilwoman Dovey would agree that an additional staff report should be required regarding the safety repair issue, and she would also like to see a copy of the minutes regarding Mission -style sidewalks discussion from the Council meeting of September 1, 1981. After brief discussion, it was moved by Councilman Griffin, seconded by Councilwoman Dovey, to defer the sidewalk repair item directing staff to report back with additional alternatives relating to the safety repair issue including a copy of the minutes on Mission -style sidewalk issue. Staff to bring this back by the April 20 Council meeting. Motion carried, all ayes. Councilman Griffin asked that staff also direct a communication to Grace Church explaining that the Council is pleased that they are willing to work with the City and explain tonight's action. Upon general consensus, Council concurred. C -13 AGREEMENT.FOR PREPARING PLANS AND SPECIFICATIONS AND APPROPRIATING MATCHING FUNDS FOR PHASE II & III AT SINSHEIMER SWIMMING POOL On motion of Councilman Settle, seconded by Councilman Griffin, to authorize staff to negotiate with Ross, Levin & MacIntyre to prepare plans and specifications for Phase II and III for municipal swimming pool at Sinsheimer Park. Motion carried, all ayes. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4788 (1982 Series), a resolution of the Council of the City of San Luis Obispo allocating funds from the CIP park development reserve account (revenue sharing) as matching funds for the Roberti Z -Berg state grant. ($55,000) Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -14 TRUCK ROUTE ORDINANCE On motion of Councilman Settle, seconded by Councilman Griffin, the following ordinance was introduced: Ordinance No. 924 (1982 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code establishing maximum gross weight limit of truck vehicles on certain streets from three to'five tons. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 5 C -15 AGREEMENT WITH DOT - BICYCLE FUND On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4789 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with the State of California Department of Transportation for bicycle lane account project within the city. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor.Billig NOES: None ABSENT: None C -16 WATERLINE IMPROVEMENT BIDS On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4790 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding the low bid for the "Waterline Improvement Project -- Garfield, Grand to Henderson "; City Plan No. E -53; bid estimate $24,280.00 without contin- gencies; bids opened March 26, 1982, to Fred Julian and Associates in the amount of $20,310.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4791 (1982 Series), a resolution awarding the low bid for the "Waterline Improvement Project -- Lawrence Drive, Meadow to Broad "; City Plan No. F -22; bid estimate $64,603.00 without contingencies; bids opened March 26, 1982, to Roho Construction in the amount of $60,970.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None F.11* 0zyY ff. %r- C -17 SALARY RESOLUTION AMENDMENT A. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4792 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending Resolution No. 4456 (1981 Series), establishing salary ranges for employee classifications, specifying methods of advancement and superceding previous salary resolutions in-conflict. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 6 B. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4793 (1982 Series), a resolution of the Council of the City of San Luis Obispo increasing the 1981 -82 Budget to provide funds for increased salaries and benefits in accordance with the Memorandum of Agreement between the City and the San Luis Obispo City Employee's Association. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -18 $25,000 QUARTERLY REPORT On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4794 (1982 Series), a resolution approving an'agreement between the City and Mr. Leo M. Evans, Heloise S. Berry, and Margaet L. Evans for installation of waterlines on Brizzolara Street under the $25,000 quarterly funding program. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None P U B L I C H E A R I N G S 1. TIME EXTENSION FOR MINOR SUBDIVISION 79 -258 Council held a public hearing to consider a Planning Commission recommendation to approve a 12 -month time extension for minor subdivision No. 79 -258 to combine three lots from one lot at 620 Park Avenue, R -1 zone; Timothy and Karen LaSalle, subdividers. Geoff Grote, Acting Community Development Director, stated that the Planning Commission had reviewed the request and on a 5 -0 vote recom- mended that Council approve the 12 -month extension subject to all previous findings, exceptions and conditions of the previous tentative map approval. Mayor Billig declared the public hearing open. No one spoke for or against the proposed time extension. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4795 (1982 Series), a resolution granting approval of a 12 -month time extension for minor subdivision 79 -258 located at 620 Park Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 7 2. TIME EXTENSION FOR MINOR SUBDIVISION 79 -274 Council held a public hearing to consider a Planning Commission recommendation approving time extension for minor subdivision 79 -274 to combine four lots into one lot at 608 and 636 Howard Street, R -2 zone; William and Russell Thomas, subdividers. Geoff Grote, Acting Community Development Director, stated that the Planning Commission on a 5 -0 vote recommended Council approve a 12 -month time extension subject to all previous findings, exceptions and conditions of the previous tentative map approval. He continued that the applicant had only requested a six -month time extension and staff was also recommending a six -month time extension. Mayor Billig declared the public hearing open. No one spoke for or against the proposed extension. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4796 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving a 12 -month time extension for minor subdivision 79 -274 located at 608 and 636 Howard Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None 3. FINAL PASSAGE OF ORDINANCE NO. 923 - MOBILEHOME RENT CONTROL A. Council held a public hearing on final passage of Ordinance No. 923 1 establishing a mobilehome rent stabilization for the City of San Luis Obispo; and B. A resolution to appoint a Council subcommittee to work with mobile - home park owners and tenant'- representatives to attempt to resolve, owner- tenant problems of conditions of tenancy. George Thacher, City Attorney, explained that on March 22 the Council had introduced the mobilehome park ordinance to print. This was the final passage of the ordinance as modified by the Council at the earlier meeting. He was also submitting a resolution for the Council's adoption that would appoint a Council subcommittee to work with park and tenant representatives for a long term solution to owner- tenant disputes. Mayor Billig declared the public hearing open. Charles Long, Village Mobilehome park, was concerned with Section 4803 of the ordinance relating to rent which would include utilities. He did not feel utilities nor cable TV should be made a part of the rent. He would also like to see Council use the urban CPI from Orange County. He had no problems with the remainder of the ordinance and could support it. Mayor Billig declared the public hearing closed. Councilman Dunin agreed that utility services should be kept separate from rent. Councilman Settle stated he could support the ordinance as written. He felt there needed to be a balance to establish stabilization and to establish a minimum standard lease. He hoped this ordinance would only be needed on a temporary basis as he would not want the city and government to get involved on a full -time basis in rent stabilization. City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 8 He explained that the State Civil Code, Se during the first 12 months of any lease to month -to -month tenancies. He wanted to be and tenants are made aware of this initial It might not have to be made a part of the included at some point. ction 798.18 requires rents be the same as those for sure that both park owners base space rent reference. ordinance, but should be After brief discussion, it was moved by Councilman Settle, seconded by ' Mayor Billig, to give final passage to Ordinance No. 923 establishing the mobilehome park rent stabilization system. Finally passed on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and Griffin NOES: None ABSENT: None After brief discussion, it was moved by Councilman Griffin, seconded by Councilman Settle, that the following resolution be introduced: Resolution No. 4797 (1982 Series), a resolution of the Council of the City of San Luis Obispo establishing a Council subcommittee to work with mobilehome tenants and park owners with amendments as submitted by Councilman Griffin. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None After brief discussion, it Mayor Billig, to direct the a copy of the ordinance 923 initial base space rents to park owners to be displayed all ayes. was moved by Councilman Settle, seconded by City Attorney to prepare a packet including and Civil Code Section 798.18 governing be forwarded to tenant representatives and on park bulletin boards. Motion carried, Councilman Griffin urged that names be submitted as soon as possible to establish the subcommittee of two Councilmembers and one mobilehome park owner representative and one tenant representative. Upon consensus the Mayor and Paul Lanspery, Administrative Officer, to gather names from the Councilmembers and submit to the Council for nominations to the subcommittee. 4. ADULT ENTERTAINMENT ESTABLISHMENTS Council held a public hearing to discuss an ordinance establishing standards and regulations for adult entertainment enterprises. Geoff Grote, Acting Community Development Director, stated that for the past year and eight months, the city has had a moratorium prohibiting all adult entertainment establishments. He explained that because case law did not-allow municipalities to permanently ban those types of businesses, it was necessary that the city review and adopt a permanent regulatory ordinance. The regulations were intended to cover every known form taken by adult businesses, including adult theatres and book stores. He stated that the adult businesses would be required to obtain both an adult entertainment establishment license and a use permit to do business. Any such business would be limited to the C -R district. Currently, the C -R district consists of three relatively small areas: 1) Madonna Plaza, 2) north side of-Santa Rosa Street on Monterey.Street, 3) and a one or two block area at Marsh and Higuera. The present draft City Council Minutes l Tuesday, April 6, 1982 - 7:00_p.m. Page 9 ordinance would limit those businesses to the proximity of schools, residential districts and other like businesses of a radius of 250 ft. That number could be expanded if the Council so desired. The primary alternative, if prohibiting adult entertainment establishments, would not be a viable option. However, taking no action would have the effect of allowing adult entertainment establishments in any or all retail commercial districts regulated only by those provisions of the zoning ordinance pertaining to retail - commercial establishments. Staff would urge Council adoption of the ordinance. 1 Mayor Billig again emphasized that although the public sentiment was obviously supportive to ban these types of businesses and no one had thus far written or submitted supporting data to allow this type of business, legally the city could not totally ban adult -type businesses from the city of San Luis Obispo. She would urge public comment as to the ordinance and recommended changes. Mayor Billig declared the public hearing open. Enrico Bongio, 2075 Sierra Way, spoke in support of an ordinance banning adult -type businesses but again expressed his concern that the ordinance did not go far enough. He would like to increase the exterior property limits beyond the 250 ft. requirement as presently in the ordinance. He did not feel there was any socially redeeming quality in this type of business and would urge Council restriction of that type of business. Trey Littlejohns, 1127 Fernwood Drive and minister at the First Baptist Church, read a portion of the scripture to the Council explaining the wrong in these types of businesses and would urge the Council to tie up the courts if necessary to explain the city's opposition to this type of business. Although the Supreme Court law states that cities cannot completely forbid this type of entertainment, if the courts were referring to the first amendment of freedom of speech, then he felt this should be fought as this was conversely a freedom being denied to others ' who did not wish to have such type of entertainment imposed on their children. George Thacher, City Attorney, explained that two recent court cases did uphold these types of businesses; however, they also allow a certain amount of police power to be imposed by the city. He stated that the theatres and book stores are given more protection by the courts. In the proposed ordinance adult businesses are restricted to only C -R zones, and in this city that's only three small areas. The ordinance could be made more restrictive by limiting the distance between residential areas or schools and such businesses. Jean Ann Forsyth, 1616 explained that they wi of adult entertainment moritorium be extended use taxpayers' dollars Frederick Street, speaking for Pro Family Forum, shed to go on record as opposing any encouragement establishments by the city and suggested that the if possible. She stated she would be willing to to fight this further in the court system. Matt Kokkonen, 10 Squire Canyon, asked where the C -R zones were located. Geoff Grote explained that the C -R zone was in 1) Madonna Plaza, 2) Monterey Street north of Santa Rosa near the Motel Inn, and 3) Higuera and Marsh Streets. Mr. Kokkonen stated that he had property near these areas and felt that ■ his property would be devalued as a result of such a business coming in and would urge the Council's opposition to any such business. Scott Bruce, 1017 Jane Drive, urged stronger restrictions and thought the process could be made more difficult through ARC, ordinances and other means available to the city. Ed Bulkley, 1333 Bishop Street, urged Council's strict support and stated he would also be willing to put his money towards fighting this in the Supreme Court. City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 10 Mrs. Ken Wright, 400 Foothill Blvd., would also support the largest distance legally possible between an adult business and residential and school districts. Gene Bernard, 1247 Fernwood Drive, also in opposition to the pornography issue, would support the Council's testing of the courts again. He felt they should also take into consideration the additional costs involved to police these establishments. Pauline Roselli, 146 Rosetta, suggested that those individuals present tonight could form an organization, strike in front of these stores, etc., anything to help stamp out this type of corruption. She felt they could gain the support of many other cities having similar problems. Upon question, George Thacher stated that the League of California Cities would also be helpful. He didn't know of any other organization that would be as helpful. Betty Nielson, Rolling Hills and representing State PTA, also agreed these businesses should not be allowed near the schools. These kinds of stores collect a great deal of undesirable people.. She suggested that if a citizen notes pornography easily accessible to children they mention it to the store owners. If asked directly to put the material behind the cashier's desk, many are willing to do so. They do, however, need to be constantly reminded. Buster Murphy, 1020 Stephanie Drive, explained that he had moved here from Whittier, and explained the results that pornography had on Whittier. At one time it was a fine city. Now it is totally uncontrollable. He would also be willing to go to the courts. George Phelan, 649 Pismo Street, suggested the city use a different zoning rather than C -R that would allow even less opportunity for these establishments to come in. He certainly would support increasing the 250 ft. to 500 ft. He hadn't read the ordinance but he wanted to be sure that the ordinance used very definitive language as to what type of business constitutes an adult establishment. , 112 Clark Valley Road, stated they had lived in Garden Grove and if the Council were to allow such a business, they would essentially be opening up a Pandora's Box similar to that of Garden Grove which has these establishments on every street. She would be opposed to any such establishment in San Luis Obispo. . Roger Davies, resident of the Laguna Lake area and father of four children, was also opposed to this type of . "garbage ". He worked at CMC, and he saw the results of this garbage and the type of people it attracted. Dale.Penny, representing service clubs from Cal Poly, also urged.the Council's strict regulations of such types of businesses. Dorothy Milia, 2525 Fixilini, felt that to allow adult type businesses would generate additional crime. She urged Council take every legal avenue possible. She would even go so far as to picket any such business that would be allowed in. John DeVincenzo suggested six points for Council's review: 1) Council establish as a part of the ordinance a value review committee possibly made up of the ARC, HRC, etc., who would have to review such adult businesses prior to licensing; 2) an indepth legal study session to Mr. David Brymer, felt that this type of "garbage" should not be allowed in the city. Ken Berman, student at Cal Poly, did not feel there was any economic, social or other reason to accept this type of establishment and would urge Council oppose it through the legal system if necessary. Pauline Roselli, 146 Rosetta, suggested that those individuals present tonight could form an organization, strike in front of these stores, etc., anything to help stamp out this type of corruption. She felt they could gain the support of many other cities having similar problems. Upon question, George Thacher stated that the League of California Cities would also be helpful. He didn't know of any other organization that would be as helpful. Betty Nielson, Rolling Hills and representing State PTA, also agreed these businesses should not be allowed near the schools. These kinds of stores collect a great deal of undesirable people.. She suggested that if a citizen notes pornography easily accessible to children they mention it to the store owners. If asked directly to put the material behind the cashier's desk, many are willing to do so. They do, however, need to be constantly reminded. Buster Murphy, 1020 Stephanie Drive, explained that he had moved here from Whittier, and explained the results that pornography had on Whittier. At one time it was a fine city. Now it is totally uncontrollable. He would also be willing to go to the courts. George Phelan, 649 Pismo Street, suggested the city use a different zoning rather than C -R that would allow even less opportunity for these establishments to come in. He certainly would support increasing the 250 ft. to 500 ft. He hadn't read the ordinance but he wanted to be sure that the ordinance used very definitive language as to what type of business constitutes an adult establishment. , 112 Clark Valley Road, stated they had lived in Garden Grove and if the Council were to allow such a business, they would essentially be opening up a Pandora's Box similar to that of Garden Grove which has these establishments on every street. She would be opposed to any such establishment in San Luis Obispo. . Roger Davies, resident of the Laguna Lake area and father of four children, was also opposed to this type of . "garbage ". He worked at CMC, and he saw the results of this garbage and the type of people it attracted. Dale.Penny, representing service clubs from Cal Poly, also urged.the Council's strict regulations of such types of businesses. Dorothy Milia, 2525 Fixilini, felt that to allow adult type businesses would generate additional crime. She urged Council take every legal avenue possible. She would even go so far as to picket any such business that would be allowed in. John DeVincenzo suggested six points for Council's review: 1) Council establish as a part of the ordinance a value review committee possibly made up of the ARC, HRC, etc., who would have to review such adult businesses prior to licensing; 2) an indepth legal study session to City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 11 evaluate the ordinance; 3) heavy taxation on adult businesses similar to those established for alcoholic beverages and cigarettes; 4) locations be more restrictive than C -R; 5) thorough evaluation of all pending and resolved issues on this subject; and 6) do not be in a hurry to adopt the ordinance. Gary Deno, 3131 Spring Court, felt that the C -R zoning should be changed to industrial areas, but definitely not in the C -R or the downtown area. Upon question as to whether there were any pending applications, George Thacher explained there were none. The moritorium had been prompted through an application filed a year and a half ago with the city. He again emphasized that the ordinance was extremely discouraging for.any business desirous of a license. Mayor Billig declared the public hearing closed. 9:00 p.m. Mayor Billig declared a recess. 9:25.p.m.. City Council . reconvened, all Councilmembers present. The Council then went through the ordinance page -by -page making various amendments to the ordinance including changing the 250 ft. distance between an adult business and a residential area or a school to 1000 ft. Another change included a statement to require.inspection fees for- periodical review of the establishment (copy of the proposed changes available in Clerk's Office). After brief discussion, it was moved by Councilman Settle, seconded by Councilman Griffin, that the following ordinance be introduced: Ordinance No. 925 (1982 Series), an ordinance of the City of San Luis adding Chapter 8 to Article 4 of the San Luis Obispo Municipal Code and amending certain sections of Chapter 2 Article 9 of the San Luis Obispo Municipal Code relating to the regulation of adult entertainment enterprises. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None Upon general consensus, Council directed staff to bring back a resolution establishing fees for license application and inspection costs, to the next regular - meeting (5 -0). C O M M U N I C A T I O N S A. POST OFFICE.FACILITIES Mayor Billig explained that all metered and bundled mail, as well as the carriers, had moved to the Madonna Post Office site from downtown. She explained that she had talked with Mr. Churn from the Post Office who stated that a limited service would continue at the downtown location. She questioned whether the Council would still be interested in pursuing the idea of the Fed's contributing in part for traffic signalization on Madonna Road. After brief discussion Council agreed that the Mayor should write a letter to the Post Office officials listing city concerns and questions, including traffic signalization on Madonna Road (5 -0). B. CHANNEL COUNTIES LIASION Mayor Billig appointed Councilman Settle to act as city liasion with the Channel Counties Division of the League of California Cities. 1 City Council Minutes Tuesday, April 6, 1982 - 7:00 p.m. Page 12 C. CAC MEMBERSHIPS Mayor Billig explained that she had recently received a communication from the Citizens Advisory Committee regarding their current status of appointments. After brief discussion to the CAC be confirmed was to be encouraged to meetings (5 -0). 11:15 p.m. Mayor Billig 12:15 a.m. City Council members present. ,ouncil agreed that the recent appointments made and that Robert Wolf was no longer a member but reapply in the future and to attend any CAC adjourned the meeting to Closed Session. reconvened to Regular Session, all Council- There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 12:18 a.m. amela Voges, C' y Clerk APPROVED BY COUNCIL: 5/4/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 13, 1982 - 7:00 P.M. COUNCIL CHAMBERS, 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 Administrative Officer; Pamela Voges, City Clerk; Wayne Peterson, City Engineer; Dave Romero, Public Services Director --- ------------ ---- ------------ --- ------ --------- A -1 RESOLUTION OF APPRECIATION - BARNEY SCHWARTZ On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4798 (1982 Series), a Resolution of Appreciation for retiring Barney Schwartz, Mayor of Paso Robles.