HomeMy WebLinkAbout04/06/1982City 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.