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HomeMy WebLinkAbout08/07/1979City Council Minutes August 6, 1979 - 12:10 p.m. Page 5 5. The City Council adjourned to Executive Session at 1:50 p.m. with all Councilmembers present. A. George Thacher,. City Attorney, was directed to handle the legal representation in the Ferrini suit on the annexation matter B. On motion of Councilman Dunin, seconded by Councilman'Jorgensen, the following resolution was introduced: Resolution No. 3917 (1979 Series), a resolution of the Council of the City of San Luis Obispo establishing salaries and benefits for certain management personnel and superseding previous resolutions in conflict. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 2:10 p.m. to 4:00 p.m., Tuesday, August 7, 1979. Approved by Council on: 9/18/79 , . Fitzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,. AUGUST 7, 1979 - 4:00 P.M. COUNCIL CHAMBERS, CITY'HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen, and Mayor..Lynn R. Cooper ABSENT: None City Staff PRESENT: Leland Walton, City Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick,.City Clerk; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Jim Stockton, Director of Parks & Recreation; Roger Neuman, Police Chief; Dave Romero, Public Services Director. 1. Appointments to the City Housing Authority. On motion.of Councilman Jorgensen, seconded by Councilman.Bond, that the recommendation of the Council Subcommittee to appoint Charles Lenk, tenant representative, for a.term expiring 6/30/81; and Mildred Roske to a term expiring 6/30/83 was approved. Motion carried-on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None 1 1 City Council Minutes August 7, 1979 - 4:00 p.m. Page 2 2. Appointments.to.the Human Relations Commission On motion of Councilman Jorgensen, seconded by Councilman Bond, the recommendation of the Council Subcommittee to appoint the following people to the Human Relations Commission was approved: Walt Lambert term expiring 6/30/83 Catherine Pearl term expiring 6/30/83 Ruby Siegel term expiring 6/30/83 Motion carried on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None 3. Appointments to the City Personnel Board. On motion of-Councilwoman Billig, seconded by Mayor Cooper, the following people were appointed to the City Personnel Board as recommended by the Council Subcommittee: ABSENT: None 4. Appointments to the Mass Transportation .Committee. On motion of Councilman Bond, seconded by Councilman Dunin., the recommenda- tion of the'Planning Commission to appoint Mrs. Sylvia Drucker as the City Planning Commission representative to the Mass Transportation Committee was approved. Motion carried on the following roll.call vote: AYES: Councilmembers Bond; Dunin, Billig, Jorgensen, and Mayor Cooper NOES: None ABSENT: None 5. At this time the City Council considered the..recommendations of the Planning Commission for adoption of new Planning Commission by -laws. ' Henry Engen, Community Development Director, presented the recommended by -laws and procedural rules for conduct of business by the Planning Commission. The City Council, on Item IV - Quorum, amended the voting procedures to comply with the City Charter and the Council's procedure where if a Planning Commissioner is.present, he must vote aye or no and if he abstains from voting, it would be counted as an aye vote. David Hughes term expires 6/30/83 Larry Voss term.expires 6/30/83 Bill Hendricks term expires 6/30/83 Peg Pinard term expires 6/30/81 Larry Campbell term expires 6/30/81 Motion carried on the following roll call vote: AYES: Councilmember Billig, Mayor Cooper, Councilmembers Bond, Dunin, and Jorgensen NOES:- None ABSENT: None 4. Appointments to the Mass Transportation .Committee. On motion of Councilman Bond, seconded by Councilman Dunin., the recommenda- tion of the'Planning Commission to appoint Mrs. Sylvia Drucker as the City Planning Commission representative to the Mass Transportation Committee was approved. Motion carried on the following roll.call vote: AYES: Councilmembers Bond; Dunin, Billig, Jorgensen, and Mayor Cooper NOES: None ABSENT: None 5. At this time the City Council considered the..recommendations of the Planning Commission for adoption of new Planning Commission by -laws. ' Henry Engen, Community Development Director, presented the recommended by -laws and procedural rules for conduct of business by the Planning Commission. The City Council, on Item IV - Quorum, amended the voting procedures to comply with the City Charter and the Council's procedure where if a Planning Commissioner is.present, he must vote aye or no and if he abstains from voting, it would be counted as an aye vote. City Council Minutes August 7, 1979 - 4:00 p.m. Page 3 Item VII - Attendance, was amended by the City Council to read "Any member of the Planning Commission who is absent from five (5) or more regular meetings or adjourned.regular meetings of the Commission within a fiscal year shall.be.referred to the City Council by the Commission for removal from the Commission. Item VIII.- Policy, was amended by the City Council by.-adding to the last sentence, "subject to the approval of the City Council." On motion of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3918 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving Planning Commission procedural rules as amended by the City Council. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None 6. At this time the City Council considered the revised Environmental Impact Procedures and Guidelines. Henry Engen, Community Development Director, stated that the Environmental Impact Procedures and Guidelines had been amended as recommended by the Planning Commission and City Council. The main change was that the Community Development Director would be responsible for determining when an EIR should be prepared or when a negative declaration should be granted. Aside from this major change, there were just A few minor housekeeping changes that the staff felt should be corrected. Henry Engen then reviewed these few minor changes: Page 14, paragraph 2, this paragraph clarifies who is responsible for preparing EIRs. Page 14, paragraph 3, clarifies under what circumstances an applicant would be required to submit information to the City. Page.17 and.18. paragraphs A, B,-and C, the.appeals section of the EIR guidelines had been rewritten. The new.section would allow any person at least two opportunities to appeal the decision of the Community Development Director. Page 26, paragraph J,- .clarifies how a supplementary EIR would.be prepared. Page 28, includes_Ior the first tilde definitions for "advisory body" and "decision - making body." With these changes, Henry Engen recommended that the City Council adopt the revised Environmental Impact Procedures and Guidelines. On motion-of-Councilman Jorgensen, seconded. by.Councilwoman Billig, the following resolution.was introduced: Resolution No. 3919 (1979 Series), a resolution of the Council of the City of San Luis Obispo.amending environmental impact procedures and guidelines to be:effective.August 9, 1979. Motion carried on the following roll call vote: AYES: Councilmen ers Jorgensen, Billig, Bond,. and Mayor Cooper NOES: Councilmember Dunin ABSENT: None City Council Minutes August 7, 1979 - 4:00 p.m. Page 4 7. Final acceptance of Tract 687, Exposition Park Unit 1, was continued as the final inspection..as.of that.date showed several incomplete items. On motion of Councilman Jorgensen, seconded by Councilman Bond, the matter was continued. Motion carried. 8. Final acceptance of Tract No. 727, Peachwo.od Condominiums, was requested to be continued as the final inspection as of that date showed several incomplete items. On motion.of Councilman.Jorgensen, seconded by Councilman Bond, the matter was continued for final inspection. Motion.carried. 9. At this time the City Council considered a request from the Business Improvement Area . that.the City Council allow parking meters to be covered on Saturdays-for free parking for shoppers in areas not fully used on Saturdays in the vicinity of the Courthouse, City Hall and a professional office area.on Pacific Street under the provisions of Ordinance No. 811 which was recently adopted. The B.I.A. proposed that this be approved to publicize the fact that -these areas would be available for parking with no feeding of the meter and that any work that had to be done, such as covering the meters, would be handled by the Business Improvement Area.or by the City, reimbursed by the B.I.A. D.F. Romero, Public Services Director,-stated that a Saturday survey conducted by the Police Department found the average of 81 cars per hour parked within the area requested to be included for.free parking. The survey did not include Osos Street between Monterey and Marsh which is generally fully occupied on Saturdays. He continued that assuming this average holds true for a typical Saturday ' between 10:00 a.m. and 5:00 p.m. and -a" meters are properly paid, the Free Parking - proposal would result in daily revenue loss of $28.35, or $1,474 if continued for a full year. Also, the staff anticipates consid- erable problems with paper sacks being pulled from the meters, with littering, with sacks transferred to other meters not included in the program, with sacks being taken by individuals and used on other days of the week. All of these would create enforcement problems for the meter maids. It was his recommendation that the problems inherent with the program are greater than the.potential benefit and--recommend that.the request be denied. In the opinion of staff, a City policy on Saturday non - enforcement in the area included in the request and a.BIA publicity program would be more effective. Lee Walton, City Administrative Officer, recommended that no bags be used, that this would.be an intolerable chore for either the BIA or the City; but he felt that if the - Council proceeded with this program, that decals should be placed on the subject meters where the coins are inserted and allow the public to understand the rules and the time of enforcement. He also felt that even that if the parking fees are eliminated, that the red zone, yellow zone, and the parking limit should still be enforced. On motion'of'Councilman Bond,.seconded by Councilman Dunin, that the City Council approve the request in the areas amended by--the city staff for a six -month trial program with the staff to prepare the proper resolutions for implementation, ordering the necessary decals, etc. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, Jorgensen, and Mayor Cooper NOES: None ABSENT: None Dave Romero requested-Council clarification as to whether the Council wished continued enforcement of time limits in the area of the trial program. It was the concensus of the Council that the time limits should continue to be enforced. City Council Minutes August 7, 1979 - 4:00 p.m. Page 5 10. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No.- 3920 (1979 Series), a resolution -of the Council of the City of San Luis Obispo approving an agreement between the City and Albert Gazin and Karl Kundert, tenants in common, for a parking lot at the corner.of Palm and Osos Streets. Passed.and.adopted on -the following.roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper ' NOES' None ABSENT: None 11. A request from Grass Roots II Inc. that the City extend the insurance coverage on the Grass Roots II van until the funding by the City for the entire Grass Roots II program is settled.. They:wculd like to continue the Grass Roots.van insurance and their request is.only for the period until the City has settled the Grass Roots funding. Lee Walton, C.A.O.,.recommended that this matter of insurance be.approved for a six -month period. On motion of Counciiman.Bond,- seconded by Councilman Dunin, that the City Council approve the request of Grass Roots II and fund the insurance coverage for the van for six months. Motion carried.on.thc following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, Jorgensen, and Mayor Cooper NOES. None ABSENT: None , 12. At this time the City Council considered the recommendation of the.Planning Commission to approve the tentative map for Minor Subdivision No. 79 -08 to create two Tots from one lot (deep lot subdivision) at 2761 Johnson.Avenue, R -1 zone, subject to four findings and 13 conditions and four exceptions, Kenneth Smee, subdivider. Henry Engen,. Community Development Director, listed the exceptions as follow, stating that -the following lot size and area exceptions were approved by the Planning Commission based upon the following findings: - 1. Lot 1 - 96' average depth where 120' is normally required. 2. Lot 2 - 7374 square foot -area exclusive of access. driveway, where 8500 square foot area is normally required. 3. Lot 2 - 107' average depth where 120' is normally required. 4. Lot 2 - 69' average width where 70' is normally required. Henry Engen stated that the Planning Commission.granted the exceptions subject to conditions which assured.that the adjustments authorized did not constitute a grant of special privilege inconsistent with the limitations upon other properties in the -same vicinity. Also, because of special circumstances, notably the shape and topography of the property, the strict literal applica- tion of the subdivision ordinance would deprive the property of privileges enjoyed by other properties in the vicinity.. Under.the.circumstances of this particular case, the variances requested carry-out the spirit and intent of the subdivision ordinance. On motion.of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3921 (1979 Series), a resolution of the Council of.the City of San Luis Obispo granting approval of tentative minor subdivision no. 79 -08 located at 2761 Johnson Avenue, subject to findings, exceptions, and conditions listed. 1 1 City Council Minutes August 7, 1979 - 4:00 p.m. Page 6 Passed and-adopted on the following roll call vote: AYES:. Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None 13. Wayne Peterson, City Engineer, presented for the Council's consider- ation the plans and sepcifications for "LOS OSOS VALLEY ROAD RESURFACING PROJECT" City Plan No. C -24, base bid estimate $83,460 plus 13% contingencies for a total cost estimate of $94,310. On motion of Councilman Bond, seconded by Councilman Dunin, the plans and specifications were approved and the City staff was authorized to call for bids. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, Jorgensen, and Mayor Cooper NOES: None ABSENT: None W CONSENT ITEMS C -1. On motion_of.Councilman.Dunin,. seconded by Councilwoman Billig, claims against the City for the month of August, 1979, were approved subject to the approval of the Administrative Officer. Motion Carried. C -2. On motion -.of Councilman Dunin, secondekby councilwoman Billig, the following City Council meeting minutes were approved as corrected: June 19, 1979 - 7:30 p.m. June 26, 1979 - 12:10 p.m. June 28, 1979 - 12:10 p.m. Motion carried. June 29, 1979 - 12:10 p.m. July 2, 1979 - 12:10 p.m. C -3. Oa motion.of Councilman Dunin, seconded by Councilwoman-Billig, the following contract pay estimates were approved and ordered paid with the exception of the Boyd Construction Company for the Drainage Channel Lining, City Plan No. C -20, whose payment was to be withheld until the contractor complied with the Davis -Bacon Act regarding submittal of certified payroll records for subcontractors working on the project. C. Boyd Const. Inc. Est. 461 $16,177.90 DRAINAGE CHANNEL LINING CITY PLAN NO. C -20 Conco Engineering, Inc. Est. 461 $7,179.57 MISSION PLAZA ARBOR CITY PLAN NO. C -29 Melcher Construction Co. Est. 461 $9,309.00 JOHNSON AVENUE PUMP STATION - MODIFICATION CITY PLAN NO. C -02 Charles A. Pratt Const. Est. 462 $209048.06' WATER FILTRATION PLANT NO. 2 MODIFICATIONS - CITY PLAN NO. B -09 Southern Pacific Milling Co. Est. 466 $22754.68 STREET RESURFACING PROJECT Est. 467 FINAL $22,604.81 (9/10/79) CITY PLAN NO. C -09 City Council Minutes August 7, 1979 - 4:00 p.m. Page 7 Video Inspection Specialists Est. #1 $1,851.75 T.V. INSPECTION OF CITY SEWER LINES CITY PLAN NO. C -31 Motion Carried. C -4. On.motion_of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No: 3922 (1979 Series), a ' resolution of the Council of the City of San Luis Obispo 1) further defining the duties of the Mission Plaza Coordinator of events and 2)- adopting pro- cedural rules for the use of Mission Plaza. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -5. On motion of .Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3923.(1979 Series), a resolution of the Council of the City of San Luis Obispo approving the application for land and water conservation funds for phase IV development of Sinsheimer Park Project. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper NOES: None ' ABSENT: None C -6. On.motion -of Councilman Dunin., seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3924 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative minor subdivision no. 79 -048 located at 2877 Broad Street. Passed and adopted on the following roll call vote: AYES:. Councilmembers Dunin, Billig,.Bond,.Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -7. On motion_of.Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: .Resolution No. 3925 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative minor subdivision no. 79 -127 located at 321 and 401 North Chorro. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -8. On motion.of.Councilman Dunin, seconded by Councilwoman Billig, the City Council approved the recommendations.of City staff for the acquisition of a micro - film.system for use by the City departments at a total cost, including first -year maintenance, of $25,202.62. City Council Minutes August 7, 1979 - 4:00 p.m. Page 8 Motion carried_.on..the following roll call vote* AYES:. Councilmembers Dunin, Billig,.Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT: None Passed and adopted on.the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -10. . On motion..of_Councilman.Dunin, seconded by Councilwoman.Billig, the following resolution.was introduced: Resolution.No. 3927 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and San Luis Obispo County Hotlines, Inc. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -11. On motion-of Councilman Dunin., seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3928 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Chamber of Commerce -of San Luis - Obispo. Passed and_adopted.on.the-following roll call vote: AYES: Councilmembers Dunin, Billig.-Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT.: None C -12. On.motion.of Councilman Dunin, seconded _by.Councilwoman.Billig, the following resolution was introduced: Resolution No. 3929 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and San Luis Obispo Community College District for an amendment to the J.P.A. for North Coastal Transit'System: Passed and adopted on-the following roll call vote.: AYES: Councilmembers Dunin,.Billig, Bond; Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -13. On motion.of. Councilman .Dunin, seconded by Councilwoman Billig, the request from Gann. Investments.for approval-of final subdivision improvements for Tract No. 736, Exposition Park Unit No. 2, was referred to the City staff for review. Motion carried. C -14. On motion of-Councilman Dunin, seconded by Councilwoman Billig, the request from Walter Ross for.City acceptance of off -site improvements for Parcel Map.No..SLO 78 -09 was referred to the City staff for inspection and report to the Council. Motion carried. C -9. On. motion_of._Councilman Bond.,. following resolution.-was introduced: seconded by Councilwoman Billig, the Resolution No. 3926 (1979 Series), a resolution of the.Council of the City of San Luis Obispo approving an agreement-between the City and Robert I. Corcoran as Business Improvement Area Administrator through June 30, 1980. Passed and adopted on.the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -10. . On motion..of_Councilman.Dunin, seconded by Councilwoman.Billig, the following resolution.was introduced: Resolution.No. 3927 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and San Luis Obispo County Hotlines, Inc. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -11. On motion-of Councilman Dunin., seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3928 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Chamber of Commerce -of San Luis - Obispo. Passed and_adopted.on.the-following roll call vote: AYES: Councilmembers Dunin, Billig.-Bond, Jorgensen, and Mayor Cooper NOES: None ABSENT.: None C -12. On.motion.of Councilman Dunin, seconded _by.Councilwoman.Billig, the following resolution was introduced: Resolution No. 3929 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and San Luis Obispo Community College District for an amendment to the J.P.A. for North Coastal Transit'System: Passed and adopted on-the following roll call vote.: AYES: Councilmembers Dunin,.Billig, Bond; Jorgensen, and Mayor Cooper NOES: None ABSENT: None C -13. On motion.of. Councilman .Dunin, seconded by Councilwoman Billig, the request from Gann. Investments.for approval-of final subdivision improvements for Tract No. 736, Exposition Park Unit No. 2, was referred to the City staff for review. Motion carried. C -14. On motion of-Councilman Dunin, seconded by Councilwoman Billig, the request from Walter Ross for.City acceptance of off -site improvements for Parcel Map.No..SLO 78 -09 was referred to the City staff for inspection and report to the Council. Motion carried. City Council Minutes August 7, 1979 - 4:00 p.m. Page 9 C -15. On motion-of-Councilman. Dunin, seconded by Councilwoman Billig, the request from Christopher Cohan, President of Sonic Cable TV, to place a Earth Station Receiver Terminal-on the City sewer farm.property was referred to the City staff.for review and report to the City Council. Motion carried. C -16. On motion-of-Councilman Dunin, seconded by Councilwoman Billig, the request-of Mrs. Priscilla Evon, 2525 Boulevard Del Campo, to purchase a parcel.of_ city -owned property behind her home was referred to the City staff for investigation.and_report to the City.Council. Motion carried. C -17.. A.communication from Jerry Munger, Chairman'of the BIA, notifying the City Council of two recent resignations and subsequent replacements of the advisory board-and as chairman he had appointed Don Wells and Glenn Weithum to fill the unexpired terms. On motion-of-Councilman Dunin, seconded.by Councilwoman Billig, the appointments to the BIA were approved, but the BIA was to be notified that they are.not to make the appointments but to make recommendations to the City Council who will then appoint the members. Motion carried. C -18. On motion of-Councilman Dunin, seconded by Councilwoman Billig, a claim against the City.-by Paul Castiglioni in the amount of $12.50 was denied.. Motion.carried. C -19. On motion of Councilman Dunin, seconded by Councilwoman Billig, the Traffic.Committee minutes of July 6, 1979 were ordered received and filed. Motion carried. BID ITEMS B -1. The City Clerk reported on the following bids received for the LIQUID ALUM STORAGE-TANKS, City Plan No. C -27, bids opened on Tuesday, July 31, 1979 at 10:00 a.m. Engineer's.estimate:. $35,000.00 Charles-A. Pratt_Const. Co. $349550.00 P.O. Box 1295 San Luis.Obispo, CA 93406 C. Boyd Const. Inc. $43,000.00 163 Ramona Drive San Luis.Obispo•,.CA 93401 Conco.Engineering, Inc. $48,850.00 P.O. Box 511 San Luis Obispo, CA 93406 Spiess Const..Co. Inc. $53,700.00 698 Don Pablo Drive Santa Maria, CA 93454 Wayne Peterson, City Engineer, recommended that the low bid of Charles Pratt Construction Company be accepted because in addition to being the low bidder, he is also currently working on other projects at the filtration plant. On motion-of Councilman Bond, seconded.by Mayor Cooper, the following resolution was introduced: Resolution No. 3930 (1979 Series), a resolution I of the Council of the City of San Luis Obispo accepting a -bid and awarding a contract. Passed and adopted on-the following roll call vote: AYES: .Councilman Bond, Mayor Cooper, Councilmembers, Billig, Dunin, . and Jorgensen NOES. None ABSENT: None 1 1 City Council Minutes August-7, 1979 - 4:00 p.m. Page 10 A. For Council information, the City Clerk reported on the following bids received.for..the_NORTH.COASTAL TRANSIT.SYSTEM, bids opened Tuesday, July 24, 1979 at-10:00 a.m. San Luis Transportation Inc. 950 Morro Street San Luis Obispo, CA 93401 $1.64 per route mile Regular route (51,000 miles) $1.55 per route mile Regular route (55,000 miles) $1.40 per route mile Shuttle routes On motion of.Councilman Jorgensen, seconded by Councilman Bond,.the meeting adjourned to 7:30 p.m., Tuesday, August 7, 1979. Motion carried. APPROVED BY COUNCIL ON: 9/18/79 7.- Pitzpatrick, City Clerk M I N U T E S' ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 7, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL 990 PALM STREET, SAN LUIS OBISPO Roll Call Councilmembers PRESENT:. Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen, and Mayor Lynn R. Cooper ABSENT: None City Staff PRESENT: Leland Walton, City Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Ken Bruce, Senior Planner; Wayne Peterson, City Engineer; Roger Neuman, Police Chief. 14. . At this time the City Council held- a.public hearing on-Resolution No. 3894 (1979 Series), :a resolution of intention to abandon a portion of Garden Street between High and Broad Streets. Ken.Bruce, Senior Planner, stated.that most--of-the right -of+ by requested to be abandoned would-serve no usefull City purposes.and should be abandoned. The portion-of the right -of -way that would revert to the City should be given or offered for sale.to adjacent property-owners. He stated that in abandoning a street right -of -way, half-the right -of -way reverts to adjacent property owners. In.this.case, there are three property owners.on.the easterly side and one property owner -.(the City) on the westerly side. The staff felt the entire right -of -way should go to the adjacent owners on the east side.. The Council also had the following option: 1. Retain one -half of the right- ofsily as City property. 2. Sell this one -half of right- of +ily to adjacent property owners. 3. Give this-one-half of right -of -way to adjacent property owners. City Council.Minutes August 7, 1979 - 7:30 p.m. Page 2 He continued that because.of the small size of the property, the only suitable use of that property was if it were attached to adjacent properties to the east. If the property was sold or given to the adjacent owners, staff would recommend two conditions: 1. A parcel map (minor subdivision) be required that would reflect new property boundaries. 2. The adjacent owners sign a covenant agreement stating they agree to I install new frontage improvements at the Broad Street plan line, if and when Broad Street is ever widened. Mayor Cooper.declared the public hearing open. No one appeared before the City Council for or against the abandonment. Mayor Cooper declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3931 (1979 Series), a resolution of the Council of the City of San Luis Obispo finding that a portion of Garden Street,.between High and Broad Streets, is no longer needed for street purposes and abandoning same. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None On motion of Councilman Jorgensen, seconded by Councilman Bond, that the City staff be directed to prepare the necessary documents for.Council , consideration to transfer the City -owned portion of the abandonment to the adjacent property owners. Motion carried. 15. At this.time the City Council held a.public hearing on the request of the residents of the area bounded by Grand Avenue, Fredericks Street, Monterey Street, Bond Street, Hathway Avenue, and Slack Street, for the City Council to initiate a preferential residential parking program in their neighborhood under the provisions of Ordinance No. 810, adopted June 19, 1979. Wayne Peterson, City Engineer, reviewed the progress to date on this pro- posal for preferential parking in the area. He stated with the adoption of an ordinance establishing such districts, it allows the City Council to adopt a resolution establishing.individual districts which would limit parking to those vehicles registered to or controlled and exclusively used by persons residing in the area or their visitors. It would establish the hours and days of restriction and the cost for the various stickers. He concluded that the staff would recommend a limitation of 9:00 a.m. to 3:00 p.m., Monday through Friday, except for holidays, that the area be posted with signs to indicate the restriction, that the finance department be authorized to issue permits for-one years duration, that the residential permit be $5 and that each additional residential permit be $10 and the fee for two guest parking permits would be $5 each per year. The City Council discussed with the staff some of the recommendations for adoption if.the preferential parking area is.adopted. Mayor Cooper.declared the public hearing open. Sherri Lewis, 209 Longview Lane, stated that she was opposed to the proposal and thought it was unnecessary. She felt there was sufficient parking available there now in front of the people's homes and she was opposed to fees to park in front of your own home. City Council Minutes August 7, 1979 - 7:30 p.m. Page 3 Tom Shuman, Cal Poly Instructor, stated he was opposed to the proposal as he felt it discriminated against one segment of the City's population, namely students and faculty at the University. He also felt it was an unfair proposal as no other part of the City has these restrictions. Alfred Born stated he supported the resolution for the safety of residents in the neighborhood and urged that the resolution be adopted but that the limits be from 8:00 a.m. to 5:00 p.m. Terry Conner, 215 Albert Drive, stated that he was in support of the adoption of the resolution for safety reasons, due to high usage of residence streets with students and employees racing to work and class at the University. He also reviewed street widths, etc. and stated there was no protection for pedestrians in the area. Ned Rogoway, 159 Albert Drive, supported-adoption of the parking plan and urged adoption in order to protect the residents of the neighborhood. He questioned the need for the City to charge for the permits. He felt that after the signs were up, there would be very little need for enforcement. He ' felt that if the City must levy a fee, then the permit fee must be equitable for each car and no increase on the second fee. He felt this fee was unfair as no other area in town must pay for parking in front of their home. C.H. Gregory, 213 Albert Drive, was in support of the preferential parking resolution in order to have a place to park in front of his home. Charles Andrews, 212 Albert Drive, was in support of the preferential parking proposal in order to allow residents to park in front of their homes. He felt the University would support this plan in order to show need to increase parking on campus. Andrew Renetsky, 111 Kentucky Street, was in support of the proposed parking program, including the proposed fee schedule. He did not feel that this program is opposed to students or faculty but is a program to allow the residents to enjoy their homes and to allow visitors to park in the area. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he was in support of the proposed parking program. He did not feel it was anti Poly.or anti student, but that it was being enacted to allow residents to use their property. He would support a time limit of 8:00 a.m.-to 5:00 p.m, and would support the same fee for each car. ' Councilwoman Billie supported the parking program. She felt that she would support the neighborhoods request and that the program should be supported by fees and also that it should be for a one -year trial period to see if it is effective. Councilman Jorgensen stated that he had reservations in adopting this program but he would support it for a one -year trial basis in this area only and not other parts of the City. He also felt it was not anti student but just supportive of the property owners in the area. Councilman Bond stated that he was opposed to the proposal and felt that it would not solve the problem but rather move the parking somewhere else. He was also opposed to the fee, but he would support the resolution if the resi- dents really wanted it. Henry Case, 244 Albert Drive, stated that he was in.support.of the prefer- ential parking in their neighborhood. He supported the ban from 8:00 a.m. to 3:00 p.m. on school days as it is now impossible for the property owners in the area to park in front of or near their homes due to all the curb parking being-taken up by students and faculty at Cal Poly. He submitted, for the Council's information, a parking sketch of Cal Poly showing that the University has tried to provide parking for its faculty and students, but due to the location of the University parking lots, it is easier and no cost to park on adjacent residential streets rather than park on campus. He then reviewed the conditions as they existed'in the neighborhood at that time and urged the Council on behalf of the petitioners to adopt a resolution and establish a parking zone. Tom Shuman, Cal Poly Instructor, stated he was opposed to the proposal as he felt it discriminated against one segment of the City's population, namely students and faculty at the University. He also felt it was an unfair proposal as no other part of the City has these restrictions. Alfred Born stated he supported the resolution for the safety of residents in the neighborhood and urged that the resolution be adopted but that the limits be from 8:00 a.m. to 5:00 p.m. Terry Conner, 215 Albert Drive, stated that he was in support of the adoption of the resolution for safety reasons, due to high usage of residence streets with students and employees racing to work and class at the University. He also reviewed street widths, etc. and stated there was no protection for pedestrians in the area. Ned Rogoway, 159 Albert Drive, supported-adoption of the parking plan and urged adoption in order to protect the residents of the neighborhood. He questioned the need for the City to charge for the permits. He felt that after the signs were up, there would be very little need for enforcement. He ' felt that if the City must levy a fee, then the permit fee must be equitable for each car and no increase on the second fee. He felt this fee was unfair as no other area in town must pay for parking in front of their home. C.H. Gregory, 213 Albert Drive, was in support of the preferential parking resolution in order to have a place to park in front of his home. Charles Andrews, 212 Albert Drive, was in support of the preferential parking proposal in order to allow residents to park in front of their homes. He felt the University would support this plan in order to show need to increase parking on campus. Andrew Renetsky, 111 Kentucky Street, was in support of the proposed parking program, including the proposed fee schedule. He did not feel that this program is opposed to students or faculty but is a program to allow the residents to enjoy their homes and to allow visitors to park in the area. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he was in support of the proposed parking program. He did not feel it was anti Poly.or anti student, but that it was being enacted to allow residents to use their property. He would support a time limit of 8:00 a.m.-to 5:00 p.m, and would support the same fee for each car. ' Councilwoman Billie supported the parking program. She felt that she would support the neighborhoods request and that the program should be supported by fees and also that it should be for a one -year trial period to see if it is effective. Councilman Jorgensen stated that he had reservations in adopting this program but he would support it for a one -year trial basis in this area only and not other parts of the City. He also felt it was not anti student but just supportive of the property owners in the area. Councilman Bond stated that he was opposed to the proposal and felt that it would not solve the problem but rather move the parking somewhere else. He was also opposed to the fee, but he would support the resolution if the resi- dents really wanted it. City Council Minutes August 7, 1979 - 7:30 p.m. Page 4 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the follow- ing resolution was intfoduced: Resolution No. 3932 (1979 Series), a resolution of the Council of the City of San Luis Obispo establishing an area of the City as a residential parking permit area, establishing days and hours of operation of said area and setting fees for application for a parking permit. The parking would be limited from 8:00 a.m. to 5:00 p.m., each permit -would cost $5 per year each, and the district would be formed for a one =year trial period with no other.districts to be established in that.one -year period. Motion carried on the following roll call vote: ' AYES: Councilmembers Jorgensen, Billig, Dunin, and Mayor Cooper NOES: Councilmember Bond ABSENT: None 16. At this time the City Council held a public hearing on Resolution No. 3900 (1979 Series), a resolution of intention to abandon a portion of Emily Street south of the South Street right =of -way. Ken Bruce, Senior Planner, recommended that the City Council proceed with the abandonment by opening the public hearing, taking any testimony and continuing the hearing and final action on the resolution until a final parcel map is submitted for approval for the adjacent development.. Councilman Dunin left the meeting at 8:30 p.m. Mayor Cooper declared the public hearing open. Vic Montgomery, representing the property owner, stated that he was available to answer Council questions. Mayor Cooper declared the public hearing closed. ' On motion.of Councilman Jorgensen, seconded.by Councilwoman Billig, the final action on the abandonment was continued to the filing of the final map on the adjacet development. Motion carried on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: Councilman Dunin At 8:45 p.m., Mayor Cooper called a recess. At 8:40 p.m., the City Council reconvened with all Councilmembers present. 17. At this time the City Council held a public hearing on the appeal of LaVerne Schneider of an interpretation by the Planning Commission that the property at 550 Dana Street -.the PO (professional office) zone although the property was zoned R -3 (medium -high density, residential.) Mrs. Schneider stated on appeal of the staff's interpretation, the Commission determined, by a vote of 4 to 3, that the property at 550 Dana Street could , be interpreted to be within the PO or office designation as shown in the general plan. The property in question is zoned medium density residential. She stated that her appeal was submitted on the following grounds: 1. The general plan clearly shows this property to be medium high density residential. The line was by intent established as the original zoning boundary at the edge of the Reis Mortuary property. City Council Minutes August 7, 1979 - 7:30 p.m. Page 5 2. The zoning of the property consistant with the general plan was previously resolved after considerable study and after numerous hearings - before both the Planning Commission and City Council. 3. The.purpose and intent of the general plan, once clearly established, should be respected. ' She continued that Reis Chapel was zoned PO-so it could - continue as a con- forming use. Discussion was held on the possibility of the corner property, 583 and 585 Dana Street, being changed to PO. Because of the need for residential area in the close vicinity of the downtown area, the zone line was set between the property in question and appropriate designation for this area was resolved by the City Council-in December, 1978 when they adopted the zoning now in effect setting the precise zone line between the two properties. She felt that if this.decision was not overturned, it would be detrimental to the City's zone lines, land use element, as well as the land use. Henry Engen, Community Development Director, stated that the PO should be upheld because the City Council deliberately drew the general plan and zoning boundaries to.accommodate any existing use, the Reis Mortuary, not to open the neighborhood to further commercial or office development. As a general rule, where the Council has previously determined land -use designation boundaries, the location should be retained until changed.by amendment, not by commission interpretation. Henry Engen continued that this is an important case.because it sets a precedent for all the properties on or near boundaries between land-use-classifications. This particular area became an issue during the city -wide rezoning program, which was conducted to achieve consistency between the zoning regulations and general plan land use element adopted January, 1977. It became one of ' the "ping -pong" items that went back and forth between the Planning Commission and City Council. The question of appropriate designations for this area was resolved by the City Council in December, 1978, when the zoning now in effect was adopted. He then reviewed areas where interpretations could be used,.but where definite lines have been set, interpretations should not and could not be used. Finally, he stated that the general plan has been approved by the Commission and City Council in detail at the general plan and zoning hearings and none of the exceptional conditions were allowed at that time when the line was set between the Duneow property and the Reis Mortuary. He recommended that the appeal be upheld. Mayor Cooper declared the public hearing open. Vic Montgomery spoke in general terms of the Planning Commission being allowed to interpret boundaries of land use in the general plan. He felt the general plan was just that, a general plan and not a specific zoning map. Bruce Dodson, planner representing the property owner, reviewed his client's attempts to have this property put to beneficial use for office purposes. He stated that he felt the issue was one of allowing a general plan line taking precedence over zoning lines. He asked that the matter be continued to allow the property owner to appeal on his behalf on this matter. He felt ' the idea of bringing up the general plan was purely extraneous and had nothing to do with the subject. Charles Andrews, Chairman of the .Planning Commission, reviewed the Planning Commission action not only on this subject matter but in others in determining the location of general plan lines in a number of instances during the general plan hearings. Many, such as the Reis Mortuary property line, were definitely outlined by the Council and Planning Commission and the Council should uphold the appeal. City Council Minutes August 7, 1979 - 7:30 p.m. Page 6 Mayor Cooper declared the public hearing closed. Councilman Jorgensen reviewed the past history of this particular property because during a number of public hearings before the Planning Commission and Council, the zone line of the Reis property was specifically drawn by the Council in order to clarify the action they wished in this area. On motion of Councilman Bond, seconded by Councilman Jorgensen., that the City ' Council uphold the appeal of LaVerne Schneider. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Jorgensen, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None 18. At this time the City Council considered a tentative map to create two lots from one lot at 2231 Santa Ynez Avenue, R -1 zone, subject to find- ings, exceptions, and conditions, John King, subdivider. J.H. Fitzpatrick, City Clerk, informed the City Council that just before closing time that day, he had received a call.from Mr. King stating that he wished the matter be taken off the agenda as he was hoping to find a better way to approach the development of this property. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the matter was denied without prejudice. Motion carried on.the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin, Bond and Mayor Cooper ' NOES: None ABSENT: None There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 9:10 p.m. to 7:30 p.m., August 14, 1979. APPROVED BY COUNCIL ON: 10/2/79 Agdaagmz itzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 14, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ' STUDY SESSION Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen, and Mayor Lynn R. Cooper ABSENT: None