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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 1 1 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 1 1 1 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. 1 1 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. 1 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 1 1 1