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08/03/1982M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS-OBISPO. TUESDAY, AUGUST 3; 1982 - 7:00 R.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE. OF ALLEGIANCE RnT.T. r.AT.T. Councilmembers Present: GlennaDeane Dovey, Ron.Dunin,.Robert Griffin, Allen Settle and Mayor Melanie C.- Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Pamela Voges, City Clerk; Toby Ross,.Community Development Director; Mike Dolder, Fire Chief; Roger Neuman; Police Chief; Dave Romero, Public Services Director; Anne Russell, Assistant City.Attorney; Dave Elliott, Administrative Assistant /Public Services C O N S E N T C A L E N D A R E -1 JOHNSON AVENUE AND LIZZIE STREET INTERSECTION On motion of Councilman Griffin, seconded by Councilman Dunin, staff be authorized to negotiate a change order with Walter Bros. Construction Company for the reconstruction of Johnson Avenue and Lizzie Street intersection at a total cost of $23,165, motion carried, all ayes. C -1 CLAIMS AGAINST THE CITY On motion of Councilman Griffin, seconded by.Councilman Dunin, that claims be approved and ordered paid subject to the approval of the Administrative Officer. Motion carried, all ayes. C -2 COUNCIL MINUTES On motion of Councilman Griffin, seconded by Councilman Dunin, the Council Minutes of July 6, 1982 - 7:00 p.m. be approved as amended. Motion carried, all ayes. C -3 CONTRACT PAY ESTIMATES On motion of Councilman Griffin, seconded by Councilman Dunin, that contract pay estimates and change orders be approved and ordered paid. Motion carried, all ayes. C -4A REPORT ON BIDS - WATER LINE IMPROVEMENTS - LONGVIEW LANE/ BRIZZOLARA STREET On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution- was introduced: Resolution No. 4910 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding bid to RoHo Construction Company for Waterline Improvement Project at Longview Lane, City Plan No. F -23, Proposal A, in the amount of $14,954.50. 1 1 City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 2 Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4911 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding the low bid to.Anderson Pipeline Company for Waterline Improvement at Brizzolara Street, City Plan No. F -35, Proposal B, in the amount of $24,302.86. Passed and adopted on the following roll call vote: - AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None C -4B REPORT ON BIDS - BICYCLE LANE IMPROVEMENT PROJECT On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4912 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding bid to Walter Bros. Construction Company in the amount of $27,657.95 for Bicycle Lane Improvement Project, City Plan No. F -33, bid estimate $35,864. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: - None ABSENT: None C -4C REPORT ON BIDS - STREET CHIP SEAL COAT PROJECT On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4913 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding bid to Douglas Oil Company in the amount of $19,567.15 for furnishing Asphaltic Emulsion for Street Chip Seal Coat Project, bid estimate $19,570. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4914 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding low bid to Hearn Trucking, Inc., in the amount of $8,122.50 for furnishing and delivering the Rock Screenings for Street Chip Seal Coat Project, bid estimate $7,875. Passed and adopted on the following roll call vote: City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 3 AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None C -5 PLANS AND SPECIFICATIONS - TORO /ISLAY STREET WATER LINE On motion of Councilman Griffin, seconded by Councilman Dunin, that plans and specifications for "Toro /Islay Street Water Line ", City Plan No. F -38; bid estimate $38,224 without contingencies, be approved and staff authorized to call for bids. Motion carried, all ayes. C -6 PLANS AND SPECIFICATIONS - SEWER PLANT WATER LINE REPLACEMENT On motion of Councilman Griffin, seconded by Councilman Dunin, that plans and specifications for "Sewer Plant Water Line Replacement ", City Plan No. E -30; bid estimate $12,302 without contingencies, be approved and staff authorized to call for bids. Motion carried, all ayes. C -7 APPOINTMENT TO THE PROMOTIONAL COORDINATING COMMITTEE On motion of Councilman Griffin, seconded by Councilman Dunin, that LaVerne Schneider be appointed to the Promotional Coordinating Committee to fill the recent vacancy created by JoAnne Ruggles. Term to expire June 30, 1983. Motion carried, all ayes. C -8 HRC GRANTS -IN -AID On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolutions approving contract for HRC Grants -in -Aid for ten organizations were approved-as follows: Resolution No. 4915, Senior Home Share, $5,000; Resolution No. 4915A, Salvation Army, $10,000; Resolution No. 4916, Economic Opportunity Commission, $4,350; Resolution No. 4917, Friendship School, $5,945; Resolution No. 4918, Special Olympics, $3,000; Resolution No. 4919, Family Services Center,. $3,000; Resolution No. 4920, HotLine, $7,400; Resolution No. 4921, Hospice, $1,500; Resolution No. 4922, YMCA, $1,000; Resolution No. 4923, San Luis Obispo Child Development Center, $9,711. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None C -9 CONTRACT WRITING SERVICES - BOB ANDERSON On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4925 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with Bob Anderson for providing writing and editorial services to the City of San Luis Obispo, not to exceed $3,000. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 4 C -10 MUNICIPAL CODE REVISIONS On motion of Councilman Griffin, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4926 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with Book Publishing Company to revise the San Luis Obispo Municipal Code. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None P U B L I C H E AR I N G S 1. STREET RIGHT -OF -WAY ABANDONMENT & SALE OF CITY PROPERTY AT CHORRO & WALNUT STREETS City Council held a public hearing to consider a Planning Commission recommendation of abandonment of street right -of -way and selling City property at the east corner of Chorro and Walnut Streets. Dave Romero, Public Services Director, briefly reviewed the agenda staff report (File No. 535) and recommended Council continue the abandonment proceedings indefinitely until such time as staff and property owner reach an agreement as to the purchase price of the.property. . Mayor Billig declared the public hearing open. No one spoke for or against the proposed abandonment. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, to continue the abandonment until such time as staff and property owner reach agreement as to purchase price. Motion carried,,all ayes. 2. STREET ABANDONMENT - BRIZZOLARA Council held a public hearing to consider abandonment of a portion of Brizzolara Street, located at 455 Brizzolara Street, R -1 -PD zone, Leo M. Evans, subdivider. Dave Romero briefly reviewed the agenda staff report (File No. 535) with the recommendation that this item be continued and heard at the same time as the final parcel map is submitted. Mayor Billig declared the public hearing open. No one spoke for or against the proposed abandonment. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Settle, to continue the street abandonment for Brizzolara until the final map for Minor Subdivision 82 -103 is submitted. Motion carried, all ayes. 3. STREET ABANDONMENT - FLETCHER AVENUE Council held a public hearing to consider abandonment of a portion of Fletcher Avenue between Leona Avenue and Florence Avenue; Ernie R. Miller, applicant. City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 5 Dave Romero, Public Services Director, reviewed the staff report (File No. 535) and recommended Council adopt the resolution abandoning Fletcher Avenue between Leona and Florence Avenues. Mayor Billig declared the public hearing open. Ernie Miller, 350 Arbutus, Morro Bay, and owner of the subject property, spoke in support of the proposed abandonment and urged Council's approval. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4927 (1982 Series), a resolution of the Council of the City of San Luis Obispo determining. that a portion Fletcher Avenue between Leona and Florence Avenues is unnecessary for present or prospective public street purposes and ordering abandonment-of same. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None 4. WEED ABATEMENT ASSESSMENTS Council held a public hearing to consider a resolution confirming liens upon real property parcels of weed abatement assessments for costs of destroying or removing weeds and debris. Mike Dolder, Fire Chief, briefly reviewed the staff report (File No. 723) and recommended Council adoption of the resolution confirming liens upon the real property parcels for weed abatement costs in the City. Mayor Billig declared the public hearing open. No one spoke for or against the proposed resolution. Mayor Billig declared the public hearing closed. Councilman Dunin was concerned the Fire Department was changing suffi- cient fees to cover overhead as he did not feel that the City.should be in the business of removing weeds and there should be ample encourage- ment that the property owner would see to it that the weeds be removed himself. Mike Dolder, Fire Chief, stated the Fire Department was keeping an account of this year's expenses and would be able to report back on whether or not the fees were appropriate. Councilmembers Dovey and Settle agreed that citizens might look at the Fire Department's weed abatement fees as being a cost savings. They also encouraged the Fire Department to look into this further. After brief discussion, on motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4928 (1982 Series), a resolution of the Council of the City of San Luis Obispo confirming liens upon the real property parcels as recommended 1 by staff. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 1 City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 6 On motion of Councilman Dunin, seconded by Councilman Settle, to direct staff to bring back recommendations on the revised fee schedule (administrative charge) within six months. Motion carried, all ayes. 5. TIME EXTENSION FOR MINOR.SUBDIVISION NO. 79 -94 Council held a public hearing to consider a Planning Commission recom- mendation to approve a one year time extension for minor subdivision No. 79 -94 to create two lots from one lot at 579 Highland Drive and 618 Felton Way; R -1 and R -2 -S zones, Archie Lux, subdivider. Toby Ross; Community Development Director, briefly reviewed the Council agenda report (File No. 430= 79- 94).and recommended Council adopt the resolution which would grant a one year time extension subject to all findings and conditions of the previous approved map. He explained that the Planning Commission had voted on a 7 -0 to recommend Council approval of the extension. 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 Settle, the following resolution was introduced: Resolution No. 4929 (1982 Series), a resolution of the Council of the City of San Luis Obispo granting a one year time extension for the submission of the final parcel map for minor subdivision 79 -94. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 6. APPEAL OF PLANNING COMMISSION UP0898 -A Council held a public hearing to consider an:appeal by Phi Sigma Chapter of Lambda Chi Alpha Fraternity and Phi Sigma Zeta House Corporation of a Planning Commission decision denying modification to their conditional Use Permit of condition nos. 16, 17, 19, 20 and 21, located at 1617 Santa Rosa Street. Geoff Grote;.Assistant Administrative Officer, and the previous Interim Community Development Director, briefly reviewed the Council agenda report (File,No. 407) recommending Council approve the enclosed resolu- tion which granted in part the appeal on conditions 17, 19 and 20 and denied in part the appeal on conditions 16 and 21. Mayor Billig declared the public hearing open. Randy Bullock, representing the Planning Commission, stated that the Commission's attempt at revising the conditions were in an effort to standardize conditions for future applications on all housing, not just fraternities. He reviewed the Commission's thinking on each of the conditions and explained that if the Council did not uphold the Planning Commissions recommendations, staff would be required to revise other permits concerning similar conditions of 17, 18, 19 and 20. .Further, the added condition would not be more restrictive in nature but rather allow more flexibility. Additionally, it would not be a very good bargaining point if the applicant had to.always agree with the Planning Commission on any suggested condition changes. City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 7 Jon Jenkins, representing the appellant, stated he was available for any questions.' He had reached agreement with staff on the recommended changes. He felt that the house, as it has been there for two years, had a very good record. He reiterated that they were trying to be good neighbors, they had improved the house, and he would urge Council's support. Roy Hanff stated that he had attended the Planning Commission when they had discussed this appeal. He paraphrased one of the Commissioner's points, who remarked -that, "I am sick and tired of fraternity houses in this City ". He felt that this was an uncalled for remark and he would like to see the Council address the attitude of this Planning Commissioner. Further, he felt that there was enough burden on the fraternities and "if you're going to put these type of burdens there, you should also put like burdens on the developer." Mayor Billig declared the public hearing closed. Councilman Griffin stated: 1) he could support condition 16 as recommended by the staff and appellant; 2) he would reword condition 17 to read, "Upon reasonable cause to believe that there has been a failure to comply with any condition with this use permit the Planning Commission shall reconsider remedial action including revocation pursuant to section 9204.7 B2 of the San Luis Obispo Municipal Code. "; 3) leave condition 19 as recommended by staff; 4) condition 20 he agreed to delete as recommended by staff; 5) condition 21 he recommended amending the last paragraph by deleting the last sentence in its entirety and adding as a clause to the first sentence: "in accordance with a complaint review process established between the City, the Infraternity Council. and Panhellenic Council." Councilman Dunin agreed with condition 16 as recommended by staff. He could support condition 17 as recommended by the Planning Commission. Condition 19 he could approve as recommended by staff. He disagreed with condition 20 as recommended by staff and would support the Planning Commission recommendation that, "No outdoor use shall take place between the hours of 11 p.m. and 7 a.m. ". He felt that any activity connected with water usage is noisy and would disturb the tranquility of the neighborhood. He could support condition 21 as reworded by Councilman Griffin. Councilwoman Dovey agreed with staff recommended condition 16, the revised wording submitted by Councilman Griffin for condition 17, staff recommendation of condition 19 and the revised wording proposed by Councilman Griffin for condition 21. She would leave- condition'20 as recommended by staff as it is implied that it would be illegal to do otherwise. She would have a problem with applying conditions retro- actively but would support the Planning Commissions newly adopted conditions for future use permits. Councilman Settle could agree with the staff recommendations and condi- tions suggested by Councilman Griffin of condition 21 because he was concerned that the Planning Commission might feel they could unilater- ally make changes without the consent of the applicant which he was not sure would be legal. Councilwoman Dovey suggested referring condition 17 back to staff and to bring this back as a separate item possibly as an amendment to the ordinance. Toby Ross, Community Development Director, felt it would be inappro- priate to bring back an ordinance amendment as he felt it could be dealt with on a case by case basis. Mayor Billig agreed to leave condition 17 as it was. City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m. Page 8 Councilman Griffin suggested additional wording change to condition 17 to read, "Failure to comply with this use permit may be grounds for revocation pursuant to section 9204.7 (B) (2) of the San Luis Obispo Municipal Code." (:- After brief discussion it was moved by Councilman Griffin, seconded by Councilwoman Dovey, to adopt the following resolution: 'Resolution No. 4930 (1982 Series), a resolution of the Council of the City of San Luis ' Obispo approving Use Permit No. U0898 as recommended by staff, with additional amendments to conditions No. 17 and 21 as revised by Councilman Griffin and changing the language in the third WHEREAS as recommended by Councilwoman Dovey. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None 7. FINAL PASSAGE OF ORDINANCE NO. 933 - "STONERIDGE" PROJECT Council held a public hearing on the final passage of Ordinance No. 933, an ordinance amending the official zone map to rezone property at 2877 Broad Street from R -1, R -2 and A /C -40 to R -1PD; John King, applicant. Toby Ross briefly reviewed..the staff report (File No. 910 -935) recom- mending Council grant final passage of the ordinance. Mayor Billig declared the public hearing open. Olin Hampton stated that he had talked at,the.last council meeting when the ordinance was introduced to print and he had.had.a problem.trying to get information from the city. He had since received it and was very appreciative of .the help by Mr.. Grote in getting his questions answered. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Settle, to give final passage to Ordinance No. 933. Finally passed on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 8. SUBDIVISION REGULATIONS Council considered an ordinance amending the subdivision regulations for the City'of San Luis Obispo. Toby Ross briefly reviewed the Council Agenda Report (File No. 411) and suggested an additional amendment under section 9106.2 Procedures for Lot Line Adjustment. The last paragraph to read, "When a lot line adjustment is for the purpose of correcting a survey or recording error no improvement conditions may be required.'" He.would.recommend the Council introduce the ordinance which repealed the previous,subdivision regulations, would affirm the Community Development Director's negative declaration and adopt the new subdivision regulations. Further, to direct staff to publish a summary of the new regulations setting the public hearing to consider final passage on August 31. City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m.. Page 9 Mayor Billig declared the public hearing open. No one spoke for or against the proposed regulations. Mayor Billig declared the public hearing closed. Councilman Griffin stated he would like to see amendments added to cross- reference where the appeal process is.discussed.to. include the reference to the Government Code Section 91117: This is on both the bottoms of pages 8 -9 and 8 -10. . I . Councilman Dunin was pleased with the amended wording by Mr. Ross. After brief discussion, it was moved by Councilman Settle, seconded by Councilman Griffin, to introduce the following ordinance: Ordinance No. 934 (1982 Series), an ordinance of the City of San.Luis Obispo amending the subdivision regulations with the amendments suggested by Councilman Griffin and Mr. Ross (to be published in synopsis form). Introduced and passed to print on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None 9. DEMOLITION ORDINANCE CHANGES Toby Ross reviewed the staff report (File No. 426) of a request by staff that Council direct staff to prepare a demolition ordinance amendment to allow foundations to remain following demolition in certain circumstances. Councilwoman Dovey suggested that some criteria be established to define, "certain circumstances" and "foundations and /or slab" and this be included in the amended ordinance. Councilman Griffin stated he would like to see: 1) a tentative summary plan for redevelopment and a time schedule; 2) assurance that the property would be maintained in a clear and orderly fashion; 3) if actual redevelopment did not occur in the scheduled time, the owner would need to apply for an extension or have the foundation removed. Councilman Settle stated he wished the ordinance to remain flexible but he could concur with Council's recommended changes. On motion of Councilman Dunin, seconded by Councilman Settle, to direct staff to prepare the demolition ordinance amendment to allow foundations to remain and include those recommendations made by Council this evening. Motion carried, all ayes. 10. MASS TRANSPORTATION COMMITTEE RECOMMENDATIONS Dave Romero, Public Services Director, reviewed the resolution before the Council which would: 1) continue service on Route 4 at current levels for six months; 2) eliminate the midday bus pass; and 3) discon- tinue the Tuesday shoppers special (File No. 543). Councilman Griffin questioned what the downtown merchants feelings were of the discontinuance of the shoppers special. Dave Elliott, Public Services Assistant,.stated they had received negative response by the merchants and it was the negative reaction to the shoppers' special that promoted staff's recommended discontinuance of it. Councilman Griffin suggested amended wording to the resolution to give the public sufficient time to be made aware of the discontinuance rather than making it effective immediately. 1 [I �I City Council Minutes Tuesday, August 3, 1982 - 7:00 p.m.. Page 10 After brief discussion, it was moved by Councilman Dunin, seconded by Councilman Settle, that the following resolution was introduced: Resolution No. 4924 (1982 Series), a resolution of the Council of the City of San Luis Obispo to continue service on Route 4 at current levels, eliminate the midday bus pass and discontinue the Tuesday Shoppers' Special as of August 10, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None On motion of Councilman Dunin, seconded by Councilman Griffin, to receive and file the following documents: 1) Mass Transportation Committee Minutes of January thru June 1982; 2) operations analyses January thru May 1982; and 3) completed transit needs survey. Motion carried, all ayes. 8:50 p.m. the Council convened in closed session. 11:15 p.m. the City Council reconvened, all Councilmembers present. 11:20 p.m. there being no further business to come before the City Council, Mayor Billig adjourned the meeting to Monday, August 9, 1982 at 12:10 p.m. Pamela Voges, C Jerk APPROVED BY COUNCIL: 8/31/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 9, 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, Administrative Officer; Pamela Voges, City Clerk 12:10 p.m. City Council adjourned to Closed Session to discuss Person- nel /Litigation Matters. 5:45 p.m. City Council reconvened, all Councilmembers present.