HomeMy WebLinkAbout11/08/1978City Council.Minutes
November 8, 1978
Page 2
Wayne Peterson, City Engineer, reported that this portion.of Flora Street had
become expendable when the city realigned F1ora.Street to.tie into Southwood
Drive. The city has.completed Flora.Street,_subject to.an easement'of public
utilities over the entire area.as required by the utility companies.
Mayor Schwartz declared.the public hearing open.
No one appeared before the City Council for or against the proposed abandonment.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by-Councilman Settle, the following
resolution was introduced: A resolution of the Council of.the City of San Luis
Obispo finding that a portion of Flora Street is no longer needed for street
purposes and abandoning same with reservations for utility easements.
Passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
2. At this time the City Council held a public hearing on the recom-
mendation of the_.Planning ;Commission to consider a Level.l sewer line defic-
iency in conjunction'with a•-use,permit request for 198 -unit student housing
complex at 1 Mustang Drive, R -H and R -H -S zones, Mustang Village, Ltd.,
applicants.
The applicant desires to construct 198 student housing type units northerly
of the existing-Mustang Village. There is a downstream sewer deficiency which
requires the installation of bypass sewers. The applicant has offered 50 %:o f.
the construction costs ($15,000 maximum) as a contribution towards this relief
sewer construction.'
The Planning Commission recommends.that the City Council direct the staff to
negociate an agreement with the applicant to construct relief sewers within
the.framework of existing priorities and city budget.
The city staff recommends:
1) that the City Council establish priority on these relief sewers and -'
authorize the advertisement.for bids as soon.as plans and'specifications
are transmitted to the council.
2) and direct staff to prepare an agreement with applicant stating who will
construct sewerline and recognizing city priorities and-funding limitations.
Mackey Deasy, representing the applicants.engineers', Merriam, Deasy and
Whisenant, Inc., appeared before the City Council stating that his principles
agreed with the recommendation of the city staff and that they would participate
up to $15,000.in the sewer plan expansion.
Mayor Schwartz..declared the public hearing closed.
On motion of Councilman Settle, seconded by Councilman Dunin, that the City
Council accept the recommendation of the Planning Commission.and city staff
that the City Council establish priority on the relief sewers and authorize
to advertise for bids as soon as plans and specifications are submitted and
to direct the staff to prepare-an agreement with the applicant.accepting his
offer of $15,000 and stating who will construct the sewer and = ecognizing
city priorities and funding limitations.
Motion carried on the following roll call vote:
AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
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City...Council Minutes
November 8, 1978
Page 3
2B. Henry Engen.presented a request from the developer..of.Mustang Village
Unit II to issue a grading permit prior to the.issuance of a.building permit.
Henry Engen stated_that. the staff_ recommends .the.council authorize the issuance
of a grading permit when the.developer.has submitted plans.to the approval of
the city engineer for grading the site and has posted a bond.
He continued that the staff recognizes that in order for this project to be
built in the time schedule called for, the.developer must proceed as quickly
as possible.with each phase of the project. The staff's intention is to issue
the grading permit, if approved by the council, after the approval of the use
permit is assured. At that point, the staff sees no problem with the developer
receiving approval for a building permit., If the developer is not able to
get a grading permit in the very near future, he would be delayed for three
to four months. This would mean in the end that the project would not be
completed in time for the Fall school year of 1979. The completion of the
project should help to a small degree the.housing situation for students in
this community. The staff recommends that it is in the community's best
interest to allow the project to move along as rapidly as possible.
Mackey Deasy,.representing the developer's architects, stated that.he agreed
with the staff's comments and would accept the staff's recommendation subject
to the approval of the engineer and the filing of the necessary bonds.
It was moved by Councilman Jorgensen, seconded by Councilman Settle that the
staff be directed to issue the grading permit subject to the approval of the
use.permit by the Planning Commission and filing of proper- plans and necessary
bonds.
Motion carried on the.following.roll call-vote:
AYES: Councilmen Jorgensen, Settle, Dunin and Mayor Schwartz
NOES:. None
ABSENT: Councilman.Petterson
3. At this time the City Council held a public hearing to hear an appeal
of a Planning Commission decision not..to allow building of a third office at
1500 Palm Street due to lack of. parking spaces as required.to meet current city
standards, Dr. Joseph Sarullo;'applicant.
Dan Smith, Senior Planner, reviewed the issue that was presented to the city
Planning Commission with the information .. available at.that time. Which was
that the applicant requested a variance so he could use"an unfinished portion
of his office-building without providing three required parking spaces. The
Planning Commission denied the variance because they were unable to make the
required findings for the variance-request. At that time the staff felt the
City Council should uphold the Planning Comm'ission's decision, deny the appeal
because-the required findings could not-be made. He then reviewed the background
of this particular matter, beginning when this office building was constructed
on the subject property on June 22, 1965.
Dan Smith continued that since the action by the Planning Commission and the
appeal by Dr. Sarullo, the staff has reviewed the problem and it now seems that
the property can be developed without a variance as there was an error apparently
in consideration by the staff of the area of the proposed building as it related
to parking. He.stated that the applicant could now proceed without further vari-
ances.
George Thacher; City Attorney, stated that upon review of. -these mattes with the
property owner and the city staff, he felt that he could proceed without further
city actions.
On motion.of Councilman Settle, seconded by Councilman Dunin, that the city
council order the granting of the building permit, return the appeal fees, and
that the City Clerk should draft a letter of apology from the City Council to
Dr.. Sarullo stating that the Planning Commission action was made based on the
information available at that time.
_.City..Council Minutes
November 8, 1978
Page 4
Motion carried on the following roll call vote:
AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
4. At this time the.City Council held a public hearing on the recom- 1
mendation of the Planning .Commission to rezone. property at 2895 South Higuera
Street.from R -2 -S (medium density residential, special consideration) to R -2 -PD
(medium density residential, planned development).
Dan Smith, Senior Planner, presented the recommendation of the Planning Commission
to-rezone the property to R -2 -PD. He stated that the applicant was asking
approval of-his development.and rezoning to the-R-2 planned development zone
and also approval of a tentative tract map to resubdivide the property to create
a 40.8 acre lot and a 7.5.acre lot with 54 condominum units. He continued that
the Planning Commission had considered both of their items.at a regular meeting
and recommends approval.of the requested rezoning.and tentative tract map
subject to certain conditions.
The conditions established for the zoning ordinance would be:
1) No-building permits to be issued on the said project until a final tract
map had been approved and filed.
2) Precise plans shall be approved.by the Planning Commission.prior to recorda-
tion.of final tract map.. Precise plans.shall include: a. pedestrian walk-
way plan, b. sign plan,.c. fencing and perimeter screening plan, d. lighting
scheme, e: plans for remodel of community building, and f. details on house
design.
3) Construction shall be in one phase and shall commence within six months
from the recordation of the final-map and shall be completed in a timely
manner. (Time extensions may be approved by the Planning Commission.)
4) Accessory parking spaces shall.be-unassigned and shall be used for guest
parking. There shall be no long -term overnight parking or storage of .
automobiles, recreational vehicles, boats or campers in guest parking area.
5) The old water tank shall be relocated and-retained-as a part of the condo-
minium community building. This condition may be waived by the Community
Development Director if evidence is submitted by the applicant that the
relocation of the tank structure is prohibitively'expensive.
Mayor Schwartz declared the public hearing open.
Bruce Dodson, designer representing the-property owner, spoke in support of
the Villa Fontana project and urged the council to approve the property rezoning
at 2895 South Higuera Street.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Settle, seconded by Councilman Duniri, the following
ordinance was introduced: Ordinance No. 783 (1978 Series),.an ordinance of
the.City of San Luis Obispo amending the.official zone map to rezone property
at 2895 South Higuera Street to R -2 -S to R -2 -PD. 1
Introduced and passed to print on the following roll-call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
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City.Council.Minutes
November 8, 1978
Page 5
Dan Smith, Senior..Planner,.then.presented for.the Council's consideration the
tract.map.for.Tract No. 744 entitled "Villa Fontana ". - He stated that the
developer proposed 54.detached single- family.units.served by a 24' wide private
street. Parking would not be.allowed.on the streets except -for designated park-
ing bays. All.of.the units were located - on.a.single..lot.with the homeowners
association owning the lot, and exteriors.of.all the dwelling units,;community
building and streets. Individual..ownership was confined to air space within
the units only. Private yard area were provided for exclusive use of each unit
by easements. He continued that the units were to be of a modular type con-
struction. They consisted of prefabricated sections to be assembled on the site.
There were two and three bedroom units oriented in various ways throughout the
site and had different root systems.
He continued that foundations were posted and beam type which permitted the houses
to be sited without extensive grading to create.flat building pads. The natural
grade under and around the building was left, for the most part ungraded. The
houses were simple but had a basic integrity.
He concluded.that the City Planning-Commission-recommended that the City Council
adopt the tentative map and approve the planned development subject to seven
findings and 22 conditions as follows:
Findings:
1) The tentative map was consistent with..the general plan.
.2) The.design and.improvements . of the proposed subdivision were consistent with
the general plan.
3) The site was.physically.suitable.for the type of development proposed.
4) The site was physically suitable for the proposed density of development.
5) The design of the subdivision and the proposed improvements were not likely
to cause substantial environmental..damage..or substantially and avoidably
injure fish or wildlife or.their.habitat.
6) The design of the subdivision or the type of improvements were not likely
.to cause public.health problems.
7) The design of the subdivision or.the type of improvements will not conflict
,with easements for access through or use.of property within the proposed
subdivision.
Conditions:
Utilities - Water and Sewer
1) Water and sewer charges be paid to the city as determined by the City Engineer.
2) Water and sewer lines shall be.constructed and - provided with easements to the
satisfaction of the City Engineer and Utilities Engineer.
Utilities - Private. _.
3). Easements to be granted to utility,companies.and cable T.V. to .their
satisfaction.
Drainage .
4) Storm drainage system in the project to be maintained by the homeowners
association. .
5) Surface drains shall be constructed with reinforced concrete..
6) Overflow structures in drainage ways should be designed to carry water to
Higuera Street should catch basin become clogged.
7) Storm drains to be located under streets wherever possible.
City Council Minutes
November 8, 1978
Page 6
8) Applicant shall construct new sto'rm'-drain in Higuerd Street and to San
Luis Creek with necessary easements dedicated to the city to satisfaction
of the City Engineer. System to be designed to city standard sufficient
to handle total area of contribution.
Streets
9) Private streets shall "be designed to traffic index of 4.0.
10) Curb and gutter.on all private streets..with 3 -foot level area behind curb-
face.
11) Higuera Street frontage shall be dedicated (per adopted_plan. line) on
Parcels A and B.
12) Full street improvements to be provided along full length of Higuera Street
frontages.
13) Stop signs and street name signs to be provided to the satisfaction of the
City Engineer.
Miscellaneous
14) Street trees to be planted, one per 35 feet of frontage, type and location
to be approved by the Public Services Department.
15) The applicant shall submit draft declaration of covenants, conditions and
restrictions (CC &R's) and documents related to the creation'of a homeowner's
association at time of filing tentative tract map for review and approval
by the Community Development Director and City Attorney. The CC &R's shall
contain the following provisions:
a) A homeowner's association to enforce the CC &R's and provide for profes-
sional,.perpetual maintenance.of.all common.areas including landscaping,
private.streets, driveways, lighting, walls., fences,_draiin.a_ge facilities,
building exteriors and community recreation building;
b) A right of the City of San Luis Obispo to compel performance if the
Homeowner's association'for expenses incurred;
c) No parking in private streets except in approved designated spaces;
d) A grant to the City of San Luis Obispo the right to tow away vehicles
on a complaint basis which were parked in unauthorized places;
e) No outside 'storage of boats, campers, moterhomes, trailers or inopera-
ble vehicles;
f) No unscreened outside storage by individual units.
16) All utilities on the site (existing and proposed) shall be placed underground.
17) Plans for proposed new access road to the radio tower shall be approved by
the Planning Commission.
18) All illegal billboards on the site shall be removed.
19)
Open space easement shall be granted
to the city on that portion
of parcel
A shown on exhibit 'A' attached. The
open space easement shall
preserve
the area in natural undisturbed open
space.and shall be approved
by.the
Planning Commission and City Council.
(The purpose of the easement
is to
preserve the natural open area behind
the planned development.)
20)
Fees in lieu of park dedication shall
be paid. 53 ('54 units - 1-existing
residential lot) and $150.00 per unit
= $7,950.
21)
Individual water meters shall be provided
for each unit.
22) Water line easement to the east tract boundary shall be granted to the city
for future water line extension.
Mayor Schwartz declared the public hearing open.
City-Council Minutes
November 8, 1978
Page 7
Bruce Dodson, again appeared before the City Council, stating that they approved
and went along with all-the conditions-established by the Planning Commission
except for Condition No. 12, which required full street improvements to be pro-
vided along the full length of Higuera Street frontage. He stated that this
would be a.very difficult condition due to -the length of the area to be approved
and the fact that due to the steepness of the adjacent bank, he doubted that
there would ever be any improvement of the property. He felt the cost would
be prohibitive and that the cost would have to be added to the individual.units
being developed in the tract.
Upon question, he stated that the basic cost in the original design of.the tract
was to be $50,000 per unit but that the selling cost would be based on the actual
cost-of each-unit at the time it was sold.
Charles Andrews, Planning Commission Chairperson, stated that this was the
first time that he knew that the staff was recommending installation of
improvements along the full Higuera Street frontage, Condition No. 12. He
stated that this had not been discussed at the Planning Commission meeting
by either the staff.or the developer, while.at the subdivision review stage,
and was either an oversight by the developer of not bringing it up or it had
not been observed by the Planning Commission.
Mayor Schwartz declared the public hearing closed.
Councilman Settle stated.he supported the proposed development -and would
recommend approval of the tract. He felt it was a good design, was innovative
and might be a way to keep down costs. He would also require Condition No. 12,
the. street` improvementsson Higuera Street.
Mayor Schwartz stated that this was a good-development and design, felt it com-
plied with the intent of the planned development ordinance and he would support
the tract. He felt it was a good use of difficult terrain, but-also agreed that
.Condition No. 12, full street improvements on Higuera Street, be required.
On motion of Councilman.Settle;_ seconded by Councilman:Dunin,the_£ollowing
resolution was introduced: Resolution No. 3705 (1978 Series), a.-resolution of
the Council of the City of San Luis Obispo granting approval of Tentative Tract
Map No. 744, Villa Fontana, located at 2895 South Higuera Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None,
ABSENT: Councilman Petterson
5. The City Council held a public hearing on the recommendation of the
Planning Commission.to rezone a• .portion -of property.along.Palm Street between
' Toro and Pepper Streets from R -4, high density residential, to R -3 (medium -
high density residential).
Terry Sanville, Senior Planner, reviewed a proposal from the-Planning:Commission
to the City Council, stating that this had been.an area of the city during the
general plan consistency hearings-and had been sent back and forth between the
Planning Commission and City Council in an attempt to derive a fair classifica-
tion for this land. He stated that the Planning Commission felt the area should
be zoned to R -3.
Mayor Schwartz declared the public hearing open.
Councilman Dunin also agreed that this-was
a good development fora
difficult
terrain but he; too, would have to support
condition:no. 12 for full.street
improvements on Higuera Street.
Councilman Jorgensen felt that this was a
good development, would
support the
concept of.modular homes as an experiment,.felt
this was a needed
development
in the price range proposed, but he, too,
would support Condition
No. 12, full
street improvements on Higuera Street.
Mayor Schwartz stated that this was a good-development and design, felt it com-
plied with the intent of the planned development ordinance and he would support
the tract. He felt it was a good use of difficult terrain, but-also agreed that
.Condition No. 12, full street improvements on Higuera Street, be required.
On motion of Councilman.Settle;_ seconded by Councilman:Dunin,the_£ollowing
resolution was introduced: Resolution No. 3705 (1978 Series), a.-resolution of
the Council of the City of San Luis Obispo granting approval of Tentative Tract
Map No. 744, Villa Fontana, located at 2895 South Higuera Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None,
ABSENT: Councilman Petterson
5. The City Council held a public hearing on the recommendation of the
Planning Commission.to rezone a• .portion -of property.along.Palm Street between
' Toro and Pepper Streets from R -4, high density residential, to R -3 (medium -
high density residential).
Terry Sanville, Senior Planner, reviewed a proposal from the-Planning:Commission
to the City Council, stating that this had been.an area of the city during the
general plan consistency hearings-and had been sent back and forth between the
Planning Commission and City Council in an attempt to derive a fair classifica-
tion for this land. He stated that the Planning Commission felt the area should
be zoned to R -3.
Mayor Schwartz declared the public hearing open.
City Council Minutes
November 8, 1978
Page 8
Mr. Artendale, Palm Street, objected.to the staff.proposal. He felt the property
owner should not.be picked.on by down - zoning their-property..-He felt the potential
use of his property was-for-higher density.. He contended . that -while he had no
intention of developing his property, he just.felt that he was being deprived of
any possible use.he wished to make of.the property.. H6.urged that the property
be-left-as R -4.
Ed Fickes, Palm Street, objected to-.the proposal.by the city.staff, felt he was
being discriminated against by reducing his potential economic development of
his property. He felt that this was economic hardship to him and he urged that
the R -4 continue.
Mayor Schwartz declared the public hearing closed.
Councilman Jorgensen-stated that he would support the-recommendation of the
Planning..Commission to zone the land to R -3 although he felt that this-allowed
too high a density.and he,would rather have it zoned to R -2 uses.
Councilman Settle stated he would support the R -3 density and uses as.recommended
by the Planning Commission.'
Councilman Dunin stated he, too, would.support no: change to R -4 zoning in
order to encourage housing development in the area. He cited the railroad
tracks, the high speed use of Johnson Avenue made this an undesirable for low
density housing and would support the neighborhood -for high.density uses.
Mayor Schwartz stated he would support the recommendation.of the Planning
Commission to R -3 uses, felt the density was adequate for economic return
for the property owner.
On motion of Councilman Jorgensen; seconded by Councilman.Settle, the follow-
ing ordinance was introduced: Ordinance No. 784:(1978.Series);.an ordinance
of the City of San Luis Obispo amending the.official zone map of the city to
rezone property on Palm Street.between'Pepper and Toro Streets from R-4 to R -3.
Passed to print on the following roll call vote:
AYES: Councilmen Jorgensen, Settle and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: Councilman.Petterson
6. Public hearing to extend the..interim moratorium.ordinance prohibiting
the issuance of permits for signs in the.0 -T zone on Calle Joaquin near Los
Osos Valley Road, and
7. Public hearing on the recommendation of the Planning. Commission. to adopt
revisions to the sign ordinance amending Municipal Code Article IIC, Chapter 7.
Dan Smith, Senior. Planner,.presented..the recommendation of the Planning Commission
for amendments to the'Sign Regulations Ordinance. He stated that two primary
amendments were considered at the request of the City Council after adoption of
a moratorium ordinance which were:
1) a new height limit of 16' on free standing signs along Calle Joaquin; and
2) a restriction on advertising the.price.of.goods and.services.on business
signs.
He stated that other amendments considered and recommended by the Planning
Commission, were:
1) remove time limitation on, city to notify owners of non- conforming signs;
2) clarify that signs permitted for each frontage or building face with public
entry must be placed on the frontage or building face for which it is
allowed and
3) revise definition of marque so that it is not confused with building fascias.
Add definition of fascia and public entry.
City.Council Minutes
November. 8, 1978
Page 9
George Thacher,.:City Attorney, submitted a legal opinion to the City Council
dealing with the.various.amendments proposed.to..the..,city sign regulations.
Included. in the.amendments is Section.9702.3.I,..which prohibited.signs..indicat-
ing the price of.a product,or. service ._.He.- stated.that.in.the case of Carlin v.
the City of Palm Springs.(1971), the.California.Court of Appeals held that a
municipal ordinance flatly-prohibiting price.signs was unconstitutional. Based
on a recent review of.the case.and:his involvement -with this problem in other
cities, he- recommended that the proposed section regarding- prohibition be removed
as it would not stand judicial.scrutiny.unless the original case was modified or
overturned.. He, therefore, recommended that the Council strike this provision
from the proposed changes. He also submitted for the Council's consideration,
two opinions by former City Attorney Allen Grimes concurring with the above
statements.
Henry Engen, Community Development Director, recommended that the City Council
extend the moratorium on.the Calle Joaquin area (C -T zone) for..an additional
eight months.. The-ordinance would -be rescinded as part of the City- Council's
final action.on the Planning Commission's recommendation on the amendments to
the sign ordinance.
Mayor Schwartz declared the.public- hearing open..
Charles.Andrews, Planning Commission .Chairman,..stated..that had the Planning
Commission known of the legality of..prohibiting_pricing..on. signs, they would
not have recommended this section to the City.Council.for inclusion in the
Municipal Code.
Steve Dorcy, Breaker's Restaurant property, asked for clarification of moratorium
conditions on signs in the C -2 zone._
Jamie Lopes, Buchon. Street,. questioned -.the. increasing.the.allowable.height of
signs in the C -.T zone...He.,.felt . that higher signs. along 101 Highway and Los Osos
Road destroyed the Vista and entrance to San Luis Obispo City. He urged that no
signs higher..than 16' be allowed...
Charles Long, Hotel /Motel.Association, asked.the.City Council to consider
consideration of amending the sign ordinance until the property owners and
sign industry had an.opportunity to meet with the City Attorney, city staff,
etc. to come up with some fair and just-recommendations. He stated that
this meeting was,going to be held,on Thursday, November 8, 1978.
Mayor Schwartz.declared.the public hearing-closed.
Councilman Jorgensen. -urged .the .Council -:to .limit. the signs to. 16' along Calle
Joaquin.and he also felt that pricing on a sign.should.be.limited in-size and
could.only be seen.from the onsite location.
Councilman.Settle agreed that all,signs,should..be maintained.at 16' height but
he would like.the Planning- Commission.to.look.into adopting.regulations for
signs showing the price.
Councilman.Dunin agreed_that.the. signs should-be kept to 16'-height and in
compliance with the City Attorney.'s_opinion.on.showing. price, he supported the
request that the matter be continued for further resolution.
Mayor Schwartz stated he would support the 16' height sign and he would support
the Planning Commission's recommendation to.amend the sign-ordinance, dropping
from that ordinance-Section 9702.3.2..
On motion.of Councilman Jorgensen,.seconded.by Councilman Settle, the following
ordinance:was introduced: Ordinance No. 785 (1978 Series), an ordinance of the
City of San Luis.Obispo. amending Municipol.Code.Ar.t,icle IX, Chapter 7, Sign
Regulations, as amended.:
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
City Council Minutes
November_8, 1978
Page 10
On motion'of Mayor.Schwartz, seconded by Councilman. Settle, the following
ordinance was-.introduced:. Ordinance No. 786-(1978 Series), an interim urgency
ordinance declaring a moratorium on the issuance of permits:.for signs which
indicate the price of a product or service.
Introduced and finally passed on the following..roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and.Mayor.Schwartz ,
NOES: None
ABSENT: Councilman Petterson
On motion. of Councilman. seconded. by. Councilman Settle, the following
ordinance was iritroduced -Ordinance No. 787 (1978.Series.), an interim.urgency
ordinance declaring a, moratorium on the issuance of for free - standing
.permits
signs exceeding sixteen feet in height in the tourist commercial (C -T) zone
district abutting Calle Joaquin.
Introduced and finally passed on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen,.Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
On motion of Councilman Jorgensen, seconded by Councilman.Settle, that the
City Council direct the staff to prepare standards for pricing of signs to
be presented to the Planning Commission for future presentation to the City
Council:" Motion carried, all ayes, Councilman Petterson absent.
8. On motion of Councilman Jorgensen, seconded by Councilman Settle, based
on the legal opinion by the City Attorney, that the City Council waive the pay-
ment of a use permit application fee $50 and initial environmental study fee
$100, for KCBX Radio based on the fact that they were a non - profit, non - commercial
public radio station. Motion carried, all ayes, Councilman Petterson absent.
9. Effie McDermott, 154 Leeward Avenue', Pismo Beach, appeared before the
City Council protesting the assessment of a business license fee by the City of
San Luis Obispo on her apartment house development at 163 Stenner Street. It
was Ms. McDermott's feeling that the City had-no right.to..collect a buisness
license fee on apartment houses, four units or.more, felt it was a duplicate
of state and federal income - taxes'. felt it was improper and she refused to pay,
and further asked the City Council to drop all actions in small claims court to
collect a license fee from her on this property. Further, she stated she had
never applied fora business license and-.therefore, did-mot know.how she was
being assessed.
R.C. Muravez, Director of Finance, submitted.a.chronological listing of
communications with. Mrs... McDermott, starting with.July 1,.1977 up until
this date. He also submitted for the City Council's information an appli-
cation of Effie McDermott for a business license transfer for her property
at 163 Stenner Street.
Upon question of Mayor Schwartz, the City Clerk reported.that some time.
during the early 60's, the city's business license ordinance was amended '
based on the court decisions which.allowed cities-to-collect business licenses
from apartment houses, four-units or..more,...for- revenue.purposes only.
On motion of Councilman Jorgensen, seconded by Councilman Settle, the matter
was referred to the City Administrative- Officer for determination with the
City Clerk to submit the information he had on licensing of•apartments to
both the C.A.O. and City Attorney on this business license matter. Motion
carried, all ayes, Councilman Petterson absent.
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City.Council Minutes
November 8, 1978
Page 11
10. On motion of. Councilman -.Jorgensen, seconded...by.Councilman Dunin, the
plans and specifications..for "JOHNSON AVENUE. - MARSH..STREET..STORM DRAIN "., City
Plan No: C710,.bid..estimate_$48,400.plus $6,292_.for.contingencies.'or a total
of $54,692 be approved by.the Council.and..staff.be authorized to.call for bids.
Motion carried,..all ayes, Councilman Petterson absent.
11.. On motion of_ Councilman..Settle,_seconded.by Councilman Dunin. plans
,.and.-specification .s_ for .. "RACQUETBALL' /HANDBALL `COURTHOUSE.LANDSCAPE., IRRIGATION,
PLANTING, AND MOW.CURBS ", City Plan No.-B-47, bid estimate $8,000 not including
contingencies and engineering fees be approved by the City Council and staff be
authorized to call-for bids. Motion carried, all ayes, Councilman Petterson
absent.
CONSENT ITEMS
C -1 On motion-of.Councilman- Settle, seconded by:Councilman Dunin,.claims
against the city for the month.of November, 1978 were approved subject to the
approval of the Administrative Officer. Motion carried.
C -2 On motion of Councilman Settle, seconded by Councilman Dunin, minutes
of the Council meetings of September 19, October 2, 3, 10 and 23, 1978 were
approved as presented. Motion carried.
C -3 On motion of Councilman.Settle,_seconded by Councilman.-Dunin, the
following contract pay estimates and"change orders were approved and ordered
paid:
J.W. Bailey..Construction Co. Est. #6
SINSHEIMER SWIMMING POOL
R: Burke Corporation Est. #4 FINAL
RESURFACE AND RECONSTRUCT Est. X63
PARKING LOTS #1 & #8 C.C.O. #1
C.P.#B -34
California'Sports Products, Inc: Est. #3- '.FINAL
SLO POLICE DEPT. SECURITY- Est. #2
FENCING SYSTEM
C.P. #B -36
Fred Julien and Associates Est. #3
WATERLINE IMPROVEMENT PROJECT
C.P. #B -38, B -39, B -412 B -42 and
B -46
Lee Wilson Electric Company Est. #2
TRAFFIC SIGNALS, JOHNSON AVENUE
AND LAUREL LANE
C.P..#B -07
Motion carried.
$96,037.65
3,136.60'(12/12 /78)
1,993.50
+ 265.00
1,780.00
1,602.00
35,913.64
17,840.00
(12/12/78)
C -4 On motion-of-Councilman Settle, seconded by.::Councilman Dunin, the
following.resolution was introduced: .Resolution.No. 3706 (1978 Series), a
resolution of the Council.of -the City of San Luis Obispo granting final
approval of minor subdivision SLO 78 -85, located at 1348 Cecelia Court (Nathan
J. Levine, applicant).
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilmam.Petterson
C -5 The City Council considered a resolution to approve a tentative map
to combine 10 lots into four lots, Minor Subdivision No. 78 -154, property located
2490, 2492, 2494 and 2584 Victoria Avenue, M zone, Maino Construction Company,
subdivider.
City Council.Minutes
November 8, 1978
Page 12
Dan Smith, Senior Planner., presented. the. .recommendation.of:the.Planning Commission
which recommended that.the..City.Council approve.the..tentative map. He continued
that the subdivider owned the.old:Pacific Coast.Railroad.right- of-way and wished
to sell portions of it to adjacent properties.. This parcel map would do two
things: l)-it would combine several - small lots of single-ownership into three
larger lots reflecting the way they were developed; and 2) it would also attach
the old right- of.- way.:of..these lots making for better.operation.,.The map-was both
a lot line adjustment and.a lot combination request. While:a.different' lot con -
figuration.might be more.desirable;, the.Planning.Commission.felt the request was
reasonable.and: this was the.way the lots were being.developed.-._The Planning
Commission recommended .that.the- City-Council approve the tentative-map-,based on
the following four findings and five conditions:
Findings:
1) The proposed parcel map and design:.were_ consistent with-the•general plan.
2) The site was physically suited for the proposed type'and density•.of develop-
ment which was permitted by the C -H zone.
3) The design was.not likely-,to.cause'substantial environmental damage, or
cause serious public health problems.
4).-The design_of.the proposed subdivision.would:not conflict.with public easements
for access through;-or.-use° of,.property within the proposed'subdivision.
Conditions:
1) Full street improvements (curb, gutter and sidewalk) shall.be- completed on
_the Francis Street .frontage of the.subdivision (proposed Parcel #3). Street
paving shall be provided from existing street paving to-new curb face.
2) All existing-easements shall be shown on-the final parcel map.
3) An offer of street dedication for. -the extension.of.Francis Street across the
old railroad. right= of-way shall:be.granted.to the city. (This- was-to insure
public right -of -way in case Francis was required "to be :extended to serve
railroad property for development of same.)
4) An offer of street dedicating...for the--extension of Mutsuhito Street across
the old right -of -way shall be granted to the city.
5) A note shall.be placed on.the final map indicating that parcel four was
not a buildable lot unless combined with adjacent property.
Mike Maino;.developer.and property..owner.,.objected to.Condition No. 1, dealing
with full street improvements as he stated that the proposal was not actually
a development but was trying to straighten out property lines and to eliminate
some of the old P.C.R.R. right- of.- way.that.these property owners were using.
He said he did not feel this was a regular subdivision for sale of property,
it was a convenience to the adjacent property owners. He felt that if the City
insisted or persisted in this requirement, they would be unable to proceed to
granting these'lot.line adjustments.
David F. Romero, Public Services Director,.recommended that the City Council
add Condition No. 6 -as follows:
6. A note shall.be placed.on the final_.map.showing.the.existing I
city sewer easement within the Pacific Coast Railroad right -of-
way.
Mike Maino stated that the property owner had no objection to.this condition.
After some discussion by the City- Council.wi_th._the property owner's representative,
it was moved by Councilman Settle, seconded by:Mayor:Schwartz, that the matter
be continued to November 21, 1978 Council meeting to give the City Council another
opportunity to look at the property. Motion carried; Councilman Petterson absent.
City. Council Minutes
November 8, 1978
Page 13
C -6 On motion of..Councilman. Settle, seconded.by..Councilman..Dunin, the
following resolution.was introduced.:.- ..Resolution No. 3707 (1978 Series), a
resolution of -the Council_of.the City-of San Luis Obispo - accepting certain
improvements in Tract No. 444 and.approving an agreement deferring the installa-
tion of certain.other.improvements in Tract No. 444.
Passed and.adopted..on..the..following roll call vote:
AYES: Councilmen:Dunin,: Jorgensen, Settle and Mayor- 'Schwartz
NOES: None
ABSENT: Councilman Petterson
C -7 On motion of.Councilman Settle,. seconded by Councilman.Dunin,.the
.request from John..King for__ the.City.to accept final improvements for Tract
No. 545 was-referred to city staff for report pursuant to Council policy.
C -8 The City Council'considered'a.resolution formalizingithe action taken
at the October 17, 1978 Council meeting in denying approval of a Tentative
Minor.Subdivision No. 78 -86 located at 1425 Woodside Drive, Hacienda Hospital,
property.
E. Peterson, Attorney representing.the property owner, appeared on behalf of
their minor subdivision and stated that the property owner would be willing to
extend the lot..depth_to 90' instead of the denied 70' from Southwood Drive. He
stated that when the property owners went before the Planning Commission, this
seemed to be an adequate compromise for the Planning Commission's requirements
but unfortunately notices of the - hearing from the Planning Commission and from
the City Council had gone astray as the parent organization.of Hacienda Hospitals
had moved and the mail was not'forwarded: He.also asked that possibly,..in order
to give the applicant an opportunity, that the Council defer this matter.to the
Planning Commission and allow them to go through the whole -thing again before it
went back to the Council for final action.
Councilman Jorgensen felt that the property owner's representative should know
that while.the resolution only spoke to-the inability of the Council to find a
reason for a variance, he felt there were .other objections to this development,
particular due to -the closeness of the proposed buildings to the hospital and
he recommended that Mr. Peterson review the Council meetings of October 17, 1978.
Henry Engen, Community Development Director, felt that the Council should proceed
and deny this proposal and have the applicant start out'all: over again with a new
proposal.
E. Peterson.felt that this application ..should..be.allowed.to go back.to the
Planning Commission without any additional new fees and work out any objections
with the Council with the Planning Commission.
Councilman Settle moved that the matter_.be.referred back to the Planning
Commission for restudy. Motion lost for lack of a second.
On motion of Councilman Jorgensen; seconded -by Mayor Schwartz, that the City
Council adopt a' resolution denying Minor Subdivision No. 78 -86.
Motion lost on the following roll call vote:
AYES:. ;Councilman.Jorgensen and Mayor Schwartz
t NOES: .Councilman Settle.and Dunin
ABSENT: Councilman Petterson
On motion of Mayor Schwartz,_ seconded.by.Councilman Settle, that.the matter
of the•tentative.Minor Subdivision No. 78 -86 be referred to the Planning
Commission to consider revisions as proposed by the.-applicant and that the
Planning Commission.be made aware of the objections of the City Council as
adopted on 10/17/78.
- :City Council.Minutes
November 8, 1978
Page 14
Motion carried!.on.the following roll call.vote:
AYES: Councilmen Dunin,-Settle-and Mayor..Schwartz
NOES: Councilman Jorgensen
ABSENT: Councilman Petterson -
C -9 On motion..of Councilman Settle, seconded by..Councilman.Dunin,.the
recommendation--.to increase.the green fees and membership fees at Laguna Lake
Golf Course be set for public hearing. Motion carried.
C -10 At this time the City Council..considered a proposal from the San Luis
Obispo Area Council.of..Governments_ dealing with the Fair Share Housing Needs
Allocation Plan for the County and.Cities.of San Luis Obispo County dated
October 13, 1978.
The City Council was informed by staff that.the proposal-was in error and that
.the County Council of Governments . was going to revise the report and recommended
that the City Council receive and file the report before them.
On motion of.Mayor.Schwartz, seconded.by Councilman Settle, that the proposal
on the Fair Shair.Housing Needs-Allocation Plan.be.continued for a revised
report from the County. Motion carried.
C -11 On motion of Councilman Settle,.seconded -.by Councilman Dunin,_ the
following resolution was introduced: Resolution No. 3708 .(1978 Series), a
resolution expressing the City Council's appreciation to Allen Grimes for
legal services and formally conferring the title "City Attorney Emeritus ".
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor .Schwartz
NOES: None '
ABSENT: Councilman Petterson
C -12: On motion of- Councilman - Settle,- seconded;by :Councilman Dunin, the
following resolution was introduced: Resolution No. 3709 (1978 Series), a
Resolution of Intention to grant a cable television franchise.
Passed -and adopted on the following roll call vote:
AYES:. - Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT:. Councilman-Petterson
C -13 On motion of Councilman Settle, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3710 (1978 Series), a
resolution of the Council of.the City of San Luis Obispo approving an.agree-
ment between the City and..other public agencies for a Regional Narcotic Addict
Control and Crime Reduction Program - Third Year.
Passed and adopted.on the following.roll call vote:
AYES: Councilmen Dunin, Jorgensen,.Settle.and.Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
C -14 On motion of Councilman Settle, seconded by Councilman Dunin, the
following-resolution was introduced: Resolution No..3711 (1978 Series), a
resolution of the Council of the City of.San Luis Obispo approving an agree-
ment with John V. Kuden, Marilyn J. Kuden, John F. Ready and Shirly Ready,
1304 Pacific Street, for.:the widening of Johnson Avenue.
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1
City_Council.Minutes
November 8, 1978
Page 15
Passed and adopted.on.the following roll.call vote:
AYES:..Councilmen.Dunin, Jorgensen ,.Settle..and- :Mayor..Schwartz
NOES: None
ABSENT: Councilman Petterson
C -15 On.motion_of..Councilman Settle, seconded.by Councilman.Dunin, the
following resolution was introduced: Resolution No. 3712 (1978 Series), a
resolution of the Council of the City of San Luis Obispo approving execution
of agreement to accompany grants by the city for cultural, artistic or edu-
cational.organizations for the fiscal year 1978/79. . .
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
- ABSENT: Councilman Petterson
C -16 On motion. of. Councilman Set tle,;seconded by Councilman Dunin, the
following ordinance was introduced:...Ordinance No. 788 (1978 .Series), an
ordinance of.the City of.San.Luis Obispo authorizing an amendment to the
contract between.the City of San Luis Obispo and the Board of Administration
of the California Public Employees Retirement System.
Introduced-and passed to print on the-following roll-call vote:
AYES: Councilmen Dunin,.Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
B -1. The City Clerk reported on the following.bids received for "WATERLINE
IMPROVEMENT PROJECT ", City.Plan No. C =03, engineer's estimate.$30,918.50:
1. R. Baker Construction Co.
- -P.O. Box: 419
Arroyo Grande,.Calif. 93449
$27,599.00
2. Burke.Construction 28,746.25
P.O. Box 762
San Miguel, Calif. 93451
3. Fred Julien 30,891.00
910 Orcutt Road._
San Luis Obispo, CA.. 93401'
4. Easley Crystal Creek
P.O. Box 4238
Redding, Calif. 96001
45,483.30
Wayne Peterson,-City Engineer,.suggested that.the City Council continue award
of this contract to 11/21/78 as these were.quarterly program projects and the
property owners had not cleared with their portion of the funds to pay for the
construction.
On motion of Councilman Jorgensen, seconded by Councilman Settle, consideration
of the bids were continued until November 21, 1978. Motion carried,.all ayes,
Councilman Petterson absent.
B -2 The City Clerk reported on.the following bids received for. "CREEK
OBSTRUCTION REMOVAL, WATERLINES", City Plan No. B -51, bid estimate $22,859.25:
City Council Minutes
November 8, 1978
Page 16
1. Paso Constructors, Inc.
Route 1, Box 14D
South 101 Highway
Paso Robles, Calif. 93446
2. Burke Oilfield Construction
P.O. Box 762
San Miguel, Calif. 93451
3. Baker Corporation
P.O. Box 419
Arroyo Grande, Calif. 93449
$34,347.00
51,423.75
58,900.00
Dave Romero, Public Services Director, recommended that the City Council
reject all bids as they averaged 47% over the estimate and he felt that
possibly the bids were high due to the time of year for opening and the
possibility of rain. He felt that the City Council might be better off
readvertising for the bids in the summertime and with a modification of the
plans calling for all work to be done underneath the structure.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, all bids
received for the "CREEK OBSTRUCTION REMOVAL OF WATER PIPELINE ", City Plan
No. B -51 be rejected. Motion carried, all ayes, Councilman Petterson absent.
B -3 The City Clerk reported on the bid received for "FIRE TRUCK EQUIPMENT
BIDS ", to provide a diesel engine and transmission to install in the 1964 Van
Pelt triple combination pumper fire truck. One bid received:
1. Gem Equipment Company
1631 North Carlotti Drive
Santa Maria, Calif. 93454
$19,762,41
Richard Minor, Fire Chief, recommended that the bid of Gem Equipment Company
be accepted as they were capable of performing the work in conformance with
the City's specifications and he had checked with other fire departments and
found that they had done similar work and were quite pleased with the work.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the bid was
awarded to the Gem Equipment Company of Santa Maria in the amount of $19,762.41.
Motion carried, all ayes, Councilman Petterson absent.
There being no further business to come before the City Council, Mayor Schwartz
adjourned the meeting to Tuesday, November 14, 1978 at 7:30 p.m.
APPROVED: December 19, 1978
. Fitzpatrick, City Clerk
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