Loading...
HomeMy WebLinkAbout04/18/1978City Council Minutes April 18, 1978 Page 2 stated the Planning Commission recommended that the City Council zone the area as shown, leaving the lots facing Johnson Avenue and Marsh Steet as PO and the interior lots on.Higuera from Johnson to Pepper and on Pacific from Johnson to Pepper rezone to medium density residential or R -2. Mayor Schwartz declared the public hearing open. LaVerne Schneider, Marsh Street, stated she was opposed to any of the uses other than residential uses anywhere in the area from Johnson Avenue northerly and she also checked into allowing the conversion of fine residential units to office or business uses. Solomon Brownstein, Pacific Street,was opposed to change in zone from office uses to residential use. He felt that the proposed rezoning did not make sense as only portions of the area were being zoned to residential use when the surrounding areas were all zoned and used for office development. Mrs. Brownstein, Pacific Street, opposed the change of zoning to R -2 or residential uses. Eugene Miller, 1355 Pacific..Street, objected to the proposed change in zoning from PO to R -2. He felt that continued rezoning of this area to various zones by the city was unfair to the property owners. Charles Delmartini, realtor - Marsh Street, stated that there was a great need for PO space in this quadrant of the city. He felt that there was a great need for conversion of older residences to fine office uses. He felt that the zoning should stay in the PO zone as presently developed. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated he supported the Planning Commission's recommenda- tion. He felt the residential uses in the area should be protected at this time Councilman Jorgensen stated he too supported the Planning Commission's recommend- ation and while he recognized this area was in transition, the residential uses should be protected first. Councilman Settle stated he too would support the Planning Commission's recommend- ation and rezone the interior lots to R -2 uses. Councilman Dunin stated he too would support the Planning Commission's recommend- ation and zone the interior areas of these blocks to R -2 zone. Mayor Schwartz stated he also supported the Planning Commission, agreed the area was in transition, but felt that the recommendation was a compromise that recognized those areas in residential uses. On motion of Councilman Settle, seconded by Councilman Jorgensen, that the City Planning Commission initiate general plan amendments to rezone the area to R -2. Motion carried, all ayes. B. Mr. Phil Martin, General Superintendent for Poly Royal 1978, appeared before the City Council and introduced the Poly Royal Queen and her two princesses to the public and to the City Council and thanked the City Council for the Promotional Coordinating Committee for their continued support for this most important activity for Cal Poly. The Poly Royal Queen then gave out posters, brochures and Poly Royal buttons to I each member of the City Council. 2. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property west of Higuera Street to San Luis Creek and north of Marsh Street from C -R to C -R -S (Retail commercial with special consideration combining). City Council Minutes April 18, 1978 Page 3 Henry Engen, Community Development Director, presented the recommendation of the Planning Commission which stated that this particular parcel of land was a city- initiates rezoning. During the city -wide rezoning hearings, the council decided that the property should have the use permit requirement since it was the logical access to, what was in effect, a landlocked parcel between San Luis Creek and Highway 101 which was also zoned C -R -S. Since the Planning Commission had not previously discussed this specific property, it was referred back to them for report. After study, the Planning Commission recommended that the "S" 1 designation be added to this property to allow review of access to Higuera Street and to potential development of the adjacent parcel across the creek. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced to print: Ordinance No. 751 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city (to rezone property at 410 Higuera Street, city- initiated rezoning). Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 3. At this time the City Council considered the final passage of Ordinance No. 750 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property southwest of Hill Street (city- initiated rezoning). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, Ordinance No. 750 (1978 Series) was introduced for final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None 4. At this time the City Council considered a recommendation from the Community Development Department, Wayne Peterson, City Engineer, of proposed interpretations for cross slopes to be used until such a time as the grading, subdivision or zoning ordinance has been revised or rewritten which would encompass these policy decisions. (1) The subdivision ordinance has charts which list street widths based on lot sizes and slopes. Historically, we have used the cross slope as established by the Planning Commission for the purpose of establishing street widths within a subdivision. We think it more appropriate that both the lot size and the slopes should be considered and whichever requires the wider street width be used. We feel that with the smaller lots the wider street is necessary. Larger, wider lots as you would normally have on steeper sloped land needs less street width: It is therefore our recommendation that street widths be controlled by both lot size and sloped whichever requires the wider section. City Council Minutes April 18, 1978 Page 4 (2) Grading in new subdivisions. We feel that the charts within..the ordinance relative to the percent of land allowed to be graded.should relate to the overall subdivision and to the portion of the subdivision within each cross slope.area. In other words, that portion of a subdivision that has slopes between 11 and 15% should not be graded more than 60% and that portion of_.a.subdivision lying between 6 and 10 %:should be left' 25%-natural and that portion between 0 -5% could be graded completely. We recommend that the percent of grading within new subdivisions consider the total subdivision and the total areas of each cross slope within the subdivision when figuring the portion to remain natural. (3) Lot sizes within new subdivisions. The subdivision ordinance indicates that- larger lots are necessary as.the slopes become steeper. We recommend that the cross slope be determined after the grading described in two above has been approved, so that the final lots relate to the final grades. (i.e. lots having less cross slope after grading can be smaller and lots having more cross slope larger). (4) Further grading - after the lots have been created any additional grading within the lot should be controlled by the grading ordinance and the cross slope should be calculated within the lot. We would recommend that the ordinance be revised to allow the community develop- ment director to allow a 20% flexibility in the amount of grading in building lots providing that engineering standards have been followed, that no special privilege is being reserved for the property owner and that no environmental impact will be caused. (5) In order to create lots with a minimum of problems we feel that subdivisions which have less than 5% cross slope should be graded to prevent cross lot drainage. (6) We also feel-that subdivisions that.have.slopes.ranging from 5-10% should be thoroughly reviewed and graded in conformance with the grading ordinance wherever possible to prevent cross lot drainage providing that no slopes greater than 5:1 will be allowed in the front portions of the lots and the slopes at the rear shall not exceed 4 foot in height. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3545 (1978 Series), a resolution of the council of the City of San Luis Obispo establishing average cross.slope interpretations of the Municipal Code provisions relating to streets, lots sizes and grading. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 5. Robert G. Mote, Utility Engineer, - reviewed for the City Council, the Salinas Reservoir Water Rights - Corps of Engineers' license as amended with the a Corps of Engineers. After review of the latest permit as mended with the Corps of Engineers, Mr. Mote then reviewed with the City Council, two letter drafts of communications to be sent from the city to the Corps of Engineers and to the County of San Luis Obispo relative to both the live stream concept and the request by the community of Santa Margarita to be able-to store and take water from the project at Santa Margarita Lake. The City Council discussed with staff, the implications of the two letters, one to the Corps of Engineers and one to the County of San Luis Obispo relative to the city being willing to grant the community of Santa Margarita surplus waters on'an- annual basis, but under no way would the city wish them to build perpetual entitlement into the water reserve. City Council Minutes April 18, 1978 Page 5 On motion of Councilman Settle, seconded by Councilman Dunin, the city staff was authorized to mail the draft letters as amended by the City Council. Motion carried. 6. . A communication from Henry Engen, Community Development Director, forwarding for the council's consideration, an urgency interim ordinance which would require use permits for CH uses in the M District. He continued that the urgency ordinance.was recommended to plug a loop hole in the existing zoning 1 ordinance which permited major commercial activities (e.g. automobile dealers, building materials sales, commercial recreation outlets, mobile home sales, etc.) in any manufacturing district without requiring a use permit. The adoption of the emergency ordinance would require a 4 /5ths vote of the council to be effec- tive for a four -month period with subsequent extensions for an additional eight - months and twelve- months possible thereafter. In the meantime, Henry Engen stated his Department would be attempting to rewrite the zoning ordinance text to adress the issue together with that of substandard site development requirements for M uses. Louise Updegraff, realtor representing Polin - Truchan- Cooper, was opposed to the staff's proposal as she felt it was unfair to those CH uses not allowed in the M zone as she stated there was no place else for these people to go in the community. John Rowe, auto dealer, was opposed to the proposed zoning ordinance as it would affect his operation. He felt that he had checked his proposed move with the city staff, found no objection, bought the property and now that he was prepared to move his auto dealership to South Street, the city staff wanted to stop him and his operation from moving. Councilman Dunin stated that he was opposed to the emergency ordinance as he felt it was one more step to harrass the business people in the community. Councilman Jorgensen stated that he would support stricter regulations for control of CH uses. He felt that an auto dealership use was inappropriate for South .Street, .but he was sorry that it had to be handled on an emergency basis. Councilman Settle stated he would support the proposed regulations, although he did not approve of more bureaucratic controls on development. Councilman Petterson stated he would support the staff and felt that CH uses were inappropriate for the M zone. He would oppose the auto dealership use on South Street. He would accept an annexation of land to the city adjacent to the Autopark along Calle Joaquin in order to allow more auto related uses. He felt by past action of the council that South Street had been dedicated by the council to residential use. Mayor Schwartz stated that he would support the Planning Commission's recommend- ation, felt the use permit requirement was a good one, and gave full disclosure and all factors of the proposed development. On motion of Councilman Petterson, seconded by Councilman Jorgensen, an interim urgency ordinance was introduced: Ordinance No. 752 (1978 Series), an interim urgency ordinance amending the Municipal Code to require a use permit for CH uses allowed in M (manufacturing) and M -R (manufacturing districts)in the City of San Luis Obispo. Passed and adopted on the following roll call vote: 1 AYES: Councilmen Petterson, Jorgensen, Settle and Mayor Schwartz NOES: Councilman Dunin ABSENT: None City Council Minutes April 18, 1978 Page 6 7. = At this time the City Council considered an ordinance adding section 3202.9 to Article III.V, Chapter 2 of.the Municipal Code, concerning relocation of inoperative parked vehicles. Police Chief Neuman stated that the primary intent of the ordinance was to alleviate the problem encountered when owners of inoperative vehicles that are marked after 72. -hours repeatedly push the vehicle one or two car lengths from the original location to circumvent the code enforcement and subsequent removal of the vehicle. Other cities had enacted similar sections for the same reason, Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed ordinance, Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin� Ordinance No, 753 (1978 Series), an ordinance of the City of San LUis Obispo adding Section 3202.9 to Article III.V, Chapter 2 of the Municipal Code, concerning relocation of parked vehicles, was introduced. Introduced and passed to print on the following roll call vote; AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None 9:05 p.m., Mayor Schwartz declared a recess. 9:15 p.m., the meeting reconvened with all councilmen present. 8. At this time the City Council consdiered the Fourth Quarte.r Priority Ratings for the $20,000 water improvement:program. Robert Mote, Utility Engineer, submitted for the City Council's consideration, his priority listing for the Fourth Quarter 1977 -78; 1. Howard Street apartment complex 2. Cerro Romauldo 4 -lot subdivision 3. Dalessi Center Theatre Building, He added that the Dalessi Center Theatre Building would have been his ,first . priority as a need had been demonstrated in the community, but that due to the fact that the developers and the city were in court, the quarterly alloca= tion period might be over before they were able to take advantage of the city�s funds. Therefore, he recommended the Howard Street complex, although the Dalessi Center was the number one priority. Allen Grimes, City Attorney, stated that at the present time, this matter was in court as mentioned by Mr. Mote, but that the Judge in the case had directed both parties, Dalessi Center representatives and the city, to attempt to negotiate the problem of placing the water improvement as directed by the City Council. The Judge also hoped that the matter could be settle out of court without any major problems. Councilman Jorgensen asked, did he understand correctly that if the Dalessi 1 property were not in court suing the city, then their project would be number one in this priority rating? Robert Mote stated that was correct. R.D. Miller stated that the engineer told him that he could not get the plans or specifications out on the Dalessi Project before the end of the quarter. City Council Minutes April 18, 1978 Page 7 On motion of Councilman Jorgensen, seconded by Councilman Settle, that this matter be continued for one week, that the City Attorney inform the applicant that they had the number one priority. If accepted, the city would proceed with the.Dalessi.Project as:iapidly.as possible.. If they did not proceed, then move the priorities with priority number one and number two up as shown on the list at this time. Motion carried, all ayes. 9. At this time the City Council considered the minutes of the Mass Trans- portation Committee meeting of April 13, 1978. Item 1: On the request of ECOSLO to subsidize the ridership portion of the City Bus operation to promote "Free Bus Day, May 6, 1978 "; referred to the Mass Transit Committee by the City Council. The Mass Transportation Committee took the following action: "The Mass Transportation Committee hereby endorses the ECOSLO request allowing free bus ridership on May 6, 1978 subject to ECOSLO paying the average fare revenue of the 4 previous Saturdays of $125.16." The committee also agreed that it would endorse similar requests from any non - political organization with the following conditions: A. The cost of fare to be picked up by the private organization would be based on similar days of theyweek for the four preceding weeks as shown on city records. B. Funds are to be paid in advance. C. The offer will be made available only for the entire city system, not for individual bus lines. The Cuesta System is a separate system and not included in this offer. D. The offer will be made on a one - day -at -a -time basis, and as a pilot program only at this time. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the City Council accept the recommendation of the Mass Transit Committee on the request of ECOSLO. Motion carried. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, that, rather than limit the calculation of fees to only the same day for the four preceding weeks, that the staff be requested to look into one year's activity and come up with three basic rates: 1) A work -week rate. 2) Vacation rate (when Cal Poly and Cuesta are not in session). 3) A weekend rate. Also, the contributor be allowed to place an 8 1 /2x11 sign in the bus stating who paid the fees. After some discussion, the motion carried, all ayes. The City Clerk was directed to write to the B.I.A., the Chamber of Commerce, the Madonna Plaza and University Square Merchant Groups to see if they had a person they wished to nominate to the Mass Transit Committee membership. CONSENT ITEMS C -1 On motion of Councilman Settle, seconded by Councilman Jorgensen, claims against the city for the month of April, 1978 were approved subject to the approval of the administrative officer. Motion carried. City Council Minutes April 18, 1978 Page 8 C -2 On motion of Councilman Settle, seconded by Councilman Jorgensen, the City Council Minutes for the meetings of March 6, 7, 14 & 20, 1978, were approved and ordered filed. Motion carried. C -3 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3541 (1978 Series), a resolution of the City of San Luis Obispo City Council granting an appeal to use permit conditions of approval for county offices at 3390 Southwood Drive, U- 0321 -A, as amended. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None C -4 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3542 (1978 Series), a resolution of the City of San Luis Obispo City Council denying an appeal of conditions of use permit approval for a restaurant expansion at 179 North Santa Rosa Street (U- 0651). Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen and Mayor Schwartz NOES: Councilman Dunin ABSENT: None ABSTAINING: Councilman Petterson C -5 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3543 (1978 Series), a resolution of the Council of the City of San Luis Obispo adopting a capital improvement program for fiscal year 1978/79 and following years. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson and Mayor Schwartz NOES: Councilman Dunin ABSENT: None C -6 On motion of Councilman Settle, seconded by Councilman Jorgensen, the opinion of the City Attorney regarding the Maino Property west of Highway 101 and Marsh /Higuera Streets interchange was ordered received and filed, and no action to be taken on rezoning these properties. Motion carried. C -7 on motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution of the Council of the City of San Luis Obispo approving an agreement between the city and H. Dieter Heinz, for consulting chemist services through June 30, 1979. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None U 1 1 City Council Minutes April 18, 1978 Page 9 C -8 At this time the City Council considered the request from the community development director and endorsed by the city administrative officer for an increase in staffing to enforce the city's sign ordinance. Henry Engen, Community Development Director, reviewed in detail the workload in his department dealing with enforcement aspects of the sign ordinance and other zoning violations, and felt that with the tremendous workload based on the new sign ordinance regulations, it would take possibly a year to clear. up these problems. The City Council then held a lengthy discussion on the need for additional help in the community development department for the enforcement of the sign violations, and also comments dealing with the workload of the department. Richard D. Miller, Administrative Officer, spoke in support of adding the enforcement officer to the community development department, as this seemed to be one of the areas that the council felt was not being covered adequately in the community. Mike DeNeve, member of the Planning Commission, stated that the Planning Commission did not feel that the community development department required enough accountability of work being done by the present enforcement staff and he felt that the present workload should be reviewed prior to adding additional people to the city's payroll; because it seemed that once a person was hired part -time, then this position just grew into a full -time position, and the city maintained staff at that level. On motion of Mayor Schwartz, seconded by Councilman Jorgensen, that the City Council approve the request of the Administrative Officer, authorize the hiring of the enforcement officer for a one -year period. Motion carried. C -9 The matter of the aodption of the Police_ Department Personnel Manual of Rules and Regulations was continued to the May 1, 1978, Study Agenda of the City Council for study and review. C -10 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3546 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appropriations for the 1977/78 fiscal year for City Clerk's Office Equipment (ISM Mag Card Typewriter). Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None C -11 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3547 (1978 Series), a resolution of the Council of the City of San Luis Obispo (1) granting additional time to file map for Tract 592 and (2) adding a condition to those contained in Resolution No. 3255, as amended. Passed and adopted on the following roll call vote: ' AYES: Councilmen Settle, JOrgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None City Council Minutes April 18, 1978 Page 10 C -12 On motion of Councilman Settle, seconded by Councilman Jorgensen, the recommendation from the Planning Commission that a time extension of 12- months be granted to the developer of the Minor Subdivision No. 77 -26 to combine three lots into two lots at 1772 Calle Joaquin. Motion carried. C -13 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3548 (1978 Series); .a resolution of the City Council of San Luis Obispo granting approval of . Tentative Minor Subdivision No. 78 -25, located at 91 and 95 Palomar Avenue. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None C -14 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced:. Resolution No. 3549 (1978 Series), a resolution of the City Council of San Luis Obispo granting approval of Tentative Minor Subdivision No. 78 -28, lcoated at 1301 Laguna Lane and 1106 Oceanaire Drive. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None C -15 Petition from twelve concerned citizens in the Los-Osos Valley Road area asking the City Council to take action to slow the speed limit on this road was referred to the city staff for report. C -16 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3550 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving amendment to lease for construction of racquetball /handball courts. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None C -17 On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3551 (1978 Series), a resolution of appreciation of the City of San Luis Obispo to Howard M. Newby for services rendered to the city. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None 1 ABSENT: None C -18 The Street Deficiency Priority List for 1978 -79 was set for study session on Thursday, April 27, 1978, for City Council field inspection. 7 L r-1 L City Council Minutes April '18, 1978 Page 11 C -19 On motion of Councilman Settle, seconded by Councilman Jorgensen, the Traffic Engineer's Quarterly Report and Traffic Committee Minutes for February 10, 1978, were ordered received and filed. Motion carried. C -20 The final report by the Human Needs Assessment Committee incorporating the results of the Human Needs Assessment were referred to a future study. session on motion of Councilman Settle, seconded by Councilman Jorgensen. Motion carried. C -21 The staff report on interpretation of wording in the Cross Connection Inspection Agreement with the County of San Luis Obispo was accepted and ordered received and filed. C -22 On motion of Councilman Settle, seconded by Councilman Jorgensen, the claim against the city by D. DeClippel was denied. Motion carried. BIDS B -1 The City Clerk reported that the following bids were received for purchase of ONE CURRENT MODEL 75 -FOOT AERIAL LADDER TRUCK. Estimate: $180,000, which included tax and modifications. One bid received from Mack Trucks, Inc., 2795 South 300 West, Salt Lake City, Utah 94115 in the amount of $169,811.00. On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council accept the only bid of Mack Trucks, Inc. for a 75 -foot Aerial Ladder Truck. Motion carried. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting to Tuesday, April 25, 1978 at 7:30 p.m. APPROVED: June 7, 1978 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 25, 1978 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET STUDY SESSION Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Henry Engen, Community Development Director; Terry Sanville, Associate Planner Planning Commissioners PRESENT: Charles Andrews, Melanie Billig, Dean Miller, LaVerne Schneider County Planning Staff PRESENT: Jan Hubbel