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HomeMy WebLinkAbout07/05/1978City Council Minutes July 5, 1978 Page 2 On motion of Mayor Schwartz, seconded by Councilman Petterson, the following resolution was adopted: Resolution No. 3609 (1978 Series), a resolution of the Council of the City of.San Luis Obispo reciting the facts of the Special Munici- pal Election consolidated with the General State -wide Election held on June 6, 1978, and declaring the results thereof. Passed and adopted on the following roll.call vote: ' AYES: 'Councilmen Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: Councilmen Jorgensen and Settle R.D. Miller, Administrative Officer, then submitted to the Council, to be made a part of the record, three additional communications that came in late for the agenda but to go with items already on the agenda as follows: A. Item 7 - Memo from Jan Clucas.requesting the - minutes of June 7, 1978, Item 1, appeal of Richard A. Carsel, be amended to show that John Ashbaugh was not president of the Sierra Club and was not representing the Sierra Club but was acting on his own. B. Item C -3 - Memo from City Attorney Allen Grimes re the Southern California Gas Company franchise ordinance and requesting revision to Page 7 of that franchise. C. Item B -1 - Memo from Police Chief Roger Neuman with evaluations and - - -- recommendations of the Communication System Bids. 7:10 p.m. Councilman Allen Settle arrived at the meeting.- 1. The City Council held a public hearing to consider the following five property rezonings to achieve consistency with.the General Plan as amended in March, 1978: A. 1451 Andrews Street from R -1 to R -1 -S. B. 1625 through 1761 Monterey Street from C -T to C -T -S. C. 3750 Bullock Lane from M to A /C -5. D. 1101 and 1107 Laurel Lane and 1010 Orcutt Road from M to C -H. E. 1122 Laurel Lane from M to PO -S. A. 1451 Andrews Street. Terry Sanville, Associate Planner, stated that the general plan amendments adopted by the Council in March, 1978 had taken effect. It was, therefore, the City's responsibility to amend the zone map so it was consistent with the plan map and text. He stated the Planning Commission recommended approval of this property (Nelson) from R -1 (low density residential) to R -1 -S (low density residential, use permit required to cover special considerations, in this case development impacts on slopes and drainage). 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 Petterson, the following ordinance was introduced: Ordinance No. 760 (1978 Series), an ordinance of the City of San Luis Obispo amending the offical zone map of the City to rezone property at 1451 Andrews Street, city- initiated rezoning. Introduced and passed to print on the following roll call vote.: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen City Council Minutes July 5, 1978 Page 3 B. 1625 through 1761-Monterey Street Terry Sanville, Associate Planner, stated thatithe Planning Commission recommended that this property between Monterey Street and San Luis Creek at the end of Higuera Street be rezoned from C -T (tourist commercial) to C -T -S (tourist commercial, use permit required to cover special considerations, in this case relationship to creek and adjacent residential properties on San Luis Drive). , 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 Petterson, the following ordinance was introduced: Ordinance No. 761 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 1625 through 1761 Monterey Street, city- initiated rezoning. Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen C. 3750 Bullock Lane Terry Sanville, Associate Planner, stated the Planning Commission recommended that this property be rezoned from M (manufacturing) to A /C -5 (agriculture/ conservation, five acre minimum for residence). Mayor Schwartz declared the public hearing open. No one appeared before or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Petterson, the following ordinance was introduced: Ordinance-No. 762 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at.3750 Bullock Lane. Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen D. 1101 and 1107 Laurel Lane and 1010 Orcutt Road Terry Sanville stated the Planning Commission recommended this property be rezoned from M (manufacturing) to C -H (service commercial). 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 Petterson, the follow- ing ordinance was introduced: Ordinance No. 763 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezong property at 1101 and 1107 Laurel Lane and 1010 Orcutt Road.. Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen City Council Minutes July 5, 1978 Page 4 E. 1122 Laurel Lane Terry Sanville stated that-the Planning Commission recommended to the City Council that this property (Vetter and Maino, owners) be rezoned from M (manufacturing) to PO -S (professional office, use permit required for special considerations, in this case limitation of types of office to those consis- tent with general plan policies). Mayor Schwartz declared the public hearing open. No one appeared before or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Petterson, the following ordinance was introduced: Ordinance No. 764 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 1122.Laurel Lane. Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen 7:15 p.m. Councilman Jeff Jorgensen arrived at the meeting. B -1 R.D. Miller, Administrative Officer, reported on bids received for "EQUIPMENT FOR CONSOLIDATED COMMUNICAT IONS .SY$TEM TO SERVE SAN LUIS OBISPO POLICE AND FIRE DEPARTMENTS ", bids opened Monday, June 26, 1978 at 2:00 p.m. Motorola Corporation $84,903.76 ComCenter.Corporation $97,491.38 Roger,-Neuman, Police Chief, stated that both bids had been over.the budget allotted for equipment and installation. Therefore, the Fire and Police Departments.met to reevaluate the bids to determine what might be eliminated. After discussion, many of the items were eliminated and the-two bidders were contacted to submit informal bid revisions. The amended bids were as follows: Motorola, $60,875.86 and Com- Center $59.,930.00.. Motorola proposed a total installation of $7,578 after close inspection of the actual jobsite to under- stand the needs of the installation. Com- Center did not and had no real idea of the physical layout of the communications center, etc. Motorola also included in their-bid $750 in the event a soil sample was necessary at the antenna site to ensure adequate footing for the antenna. This brought the bids to within $200 of each other. He, therefore, recommended awarding the bid to Motorola as the system was designed to meet the City's needs for ten or more years or to call for new bids in no more than seven working days from July 5, 1978. Allen Grimes, City Attorney., recommended that, due to the closeness of the bids, the city adopt a resolution rejecting the bids and call for new bids as soon as possible. Mr. Miller agreed. On motion of Councilman Jorgensen, seconded. by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3610 (1978 Series), a resolution of the Council of the City of San Luis Obispo rejecting public bids for "EQUIPMENT FOR CONSOLIDATED COMMUNICATIONS SYSTEM TO SERVE SAN LUIS OBISPO POLICE AND FIRE DEPARTMENTS" and readvertise. Passed and adopted on the following roll call vote: AYES:. Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None City Council Minutes July 5, 1978 Page 5 CONSENT ITEMS C -1 On motion of Mayor.Schwartz, seconded..by Councilman Petterson, that claims against the City for the month of July, 1978 be approved. Motion carried, all ayes. C -2 On motion of Mayor Schwartz, seconded by Councilman Petterson, to approve the following contract pay estimates and change orders: J.W. Bailey Construction Co. Est. 461 $ 9,906.30 SINSHEIMER SWIMMING POOL Camacho.& Tennis Landscapers Est. 465 FINAL 3,069.25 8/8/78 SOUTH BROAD STREET PLANTING Est. 464 4,574.16 City.Plan No. 3 -76 C.C.O. 462 - 135.00 Fred Julien & Associates Est. 466 FINAL 5,649.23 8/8/78. FLORA STREET EXTENSION Est. 465 12,577.50 City Plan No's 3 -77 & 6 -77 C.C.O. 463 + 1,100.00 Karleskint -Crum, Inc. Est. 463 FINAL 710.00 8/8/78 BUENA VISTA CIRCLE PROJECT Est. 462 4,792.50 City Plan No. B -28 Motion carried, all ayes. C -3 Southern California Gas Company Franchise Ordinance Allen Grimes, City Attorney, stated that after talking with the City Engineer, that a controversy had arisen as to whether it was the obligation of the gas company under the proposed franchise to relocate customer facilities behind the meter in the public right -of -way if required for a grade or alignment change. He felt it was the obligation of the gas company and submitted a revised page 7 to reflect that change and recommended the Council adopt the resolution setting the public hearing and substituting the revised page 7. On motion of Councilman Petterson, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3605 (1978 Series), a Resolution of Intention to grant an indeterminate franchise to Southern California Gas Company. Passed and adopted on the following roll call vote:. AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -4 On motion of Councilman Petterson, seconded by Councilman Settle, that the recommendation from the City Engineer that.the City Council direct the Mayor to write a.letter to the Department of Housing and.Urban Development, Federal Aviation Administration, protesting the inclusion of floodways on the flood hazard maps prepared by the Corps of Engineers be approved. Motion carried, all ayes. C -5 On motion of-Mayor Schwartz,.seconded by Councilman Petterson, the following resolution was introduced: Resolution No..3606 (1978 Series), a resolution of the Council of the City of San Luis Obispo amending Resolution No. 3530, to correct an exhibit for General Plan Amendments adopted March 21, 1978. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None City Council Minutes July 5, 1978 Page 6 C -6 On motion of.Mayor Schwartz, seconded by Councilman-Petterson, that petition initiated by-an electrician requesting certain amendments to the Electrical Code be held -in abeyance.until-proposed amendments, presently being revised by the Chief Building Inspector, hadebeen adopted-by the Council and notifying the petitioners of that intended action. Motion carried, all ayes. C -7 On motion.of Mayor.Schwartz, seconded by Councilman Petterson, the following resolution-was introduced: Resolution No. 3607 (1978 Series), a resolution of the Council of the City of San Luis Obispo finding and deter- mining that Police Officer John A. Huelsman is disabled. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -8 On motion of Mayor Schwartz, seconded by Councilman Petterson, to approve the request from Mrs. Betty Rivers,.Treasurer. for Friends of Hapitok, to waive the customary 10% use fee when they hold their fund - raising activity for Camp Hapitok, a summer speech camp, at Mission Plaza on Saturday, July 8, 1978. Motion carried, all ayes. C -9 On motion of Mayor Schwar.tz,.seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3608.(1978 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel.Map SLO 76 -513 (Jerry Holland, applicant, 1851 Royal Way and 1320, 1340 and 1360 Rubio Lane). 1 Passed and adopted on the following roll call vote: AYES. Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -10 On motion of Mayor Schwartz, seconded by Councilman.Petterson, to approve request for time extension to submit final map for Tract No. 603 for 64 residential lots on Los 0sos Valley Road between Descanso Street and Diablo Drive; R -1 zone, Cuesta Associates, subdivider. Motion carried, all ayes. C -11 On motion of Mayor- Schwartz, seconded by Councilman Petterson, to approve request for time extension to.submit final map.for Tract No. 608 for 61 residential lots on Los Osos Valley Road between Diablo.Drive and the westerly city limits, Cuesta Associates, subdivider. Motion carried, all ayes. C -12 Mayor Schwartz questioned whether the request to revise the present street tree policy should be referred to staff as recommended or to the City's Tree Committee. After brief discussion, on motion.of Mayor.Schwartz, seconded by Councilman Settle, the request from Lachlan P. MacDonald:requesting that-the present street tree policy be reviewed and a study of the effects of the policy be undertaken, was referred to the Public Services Director. Motion carried, all ayes. C -13 On motion of Mayor Schwartz, seconded by Councilman Petterson, to refer to staff the communication from David Brannon, architect, requesting a variance that would designate city parking lot at the corner of Higuera and Nipomo as public space, subsequently allowing canvas canopies for build- ing project located at 660 Higuera. Motion carried, all ayes. City Council Minutes July 5, 1978 Page 7 C -14 On motion. of Mayor Schwartz, seconded by Councilman Petterson, that the claim against the city by Ernest Firpo, 1283.San Carlos Drive, in the amount of $68.00 for. sewer backup at.his residence be denied and referred to the insurance carrier. Motion carried, all ayes. C -15 On motion of Mayor Schwartz, seconded by Councilman Petterson, 'that the claim against the city by Wilma C. Hustad,.1171 Laurel Lane, in the amount of $160.71 to.cover damages to.the left..fender of-her-car when city truck allegedly collided with it be.denied and referred to the insurance carrier. Motion carried, all ayes. C -16 On motion of Mayor Schwartz, seconded by Councilman Petterson, that the claim against the city by Robert Baker, 882 Mission Street,.in the amount of $77.31 for damages to fix broken water pipe when water was turned off at his residence causing the pipe to break be denied and referred to the insurance carrier. Motion carried, all ayes. 2. The City Council held a public.hearing to consider a request to prezone property known as the "Foothill Annexation" from County A -1 -5 zone to City R -1 Residential, P.F. Public Facilities and R -1 Planned Development and Agriculture /Conservation A /C -10 zones consisting of approximately 25 acres adjacent to the city boundary on Foothill Blvd. Dan Smith, Senior Planner,.reviewed the history to date and stated the City Council had referred this request for prezoning back to the Planning Commission at a public hearing held June 20, 1978 because the Planning Commission recommended prezoning was inconsistent with the recently amended general plan. The Planning Commission took action at its.meeting of June 21, 1978 and recommended prezoning of the property consistent with the general plan by a vote of 6 -0. The differ- ence in their revised recommendation was that the area outside the new urban reserve line was recommended as A /C -10 agriculture conservation zone.- This was consistent with the general plan. He stated that both the Planning Commission and staff recommended that the City Council pass to print the proposed ordinance prezoning the Foothill Annexation area and approving-the applicant's development plan subject to 31 conditions for streets, utilities, drainage, soils and geology, and miscellaneous conditions of approval recommended by the Planning Commission. Mayor Schwartz declared the public hearing open. Don Smith, 1750 Prefumo Drive, stated he was opposed to the prezoning. He felt that the property along Foothill Blvd. should be the portion kept as future open space if the prezoning were to go through, although his main concern in opposing the prezoning was the city's lack of water sources. Vic Montgomery,.consultant., representing the developer, limited his comments to those conditions in the proposed ordinance.which he felt would be diffi- cult for the property owner to comply with. Condition X65,- required full improvements of Foothill Blvd. from the entrance street (Ridgeview Drive) to the westerly limits of the tract and would include improvements to a piece of property not owned by the applicant. He didn't feel this could be amicably resolved between the owner of that piece of property and his client. He also wished to have Condition X617 clarified relating to downstream modifi- cations accommodating 100 year storms, Condition X618 relating to drainage not being diverted to another basin and also wished to amend Condition #31 to require only Lots 1 thru 7 to require A.R.C. approval and not Lots 1 thru 9 as presently listed. He stated that the applicant desired.to build only 19 lots, accommodating ' 66 people, and that this was within the city's definition of a minor annexation and urged the_City_.Council.to approve the prezoning. Dan Smith stated that with regard to the applicant's problem of acquiring that piece of property requiring full improvements, the city could help by use of condemnation procedures. N City Council Minutes July 5, 1978 Page 8 Councilman Dunin stated.he.was concerned with the legal implications of requir- ing a developer to acquire.another persons property for improvements in'order to allow him development of his own property. D.F. Romero, Director of Public..Services, stated that the city had-used this means of condemnation proceedings for a number of years in cases such as this and further had required the developer to pay all costs involved. Councilman Petterson stated he was in favor of the prezoning but was concerned with Condition #5 to.require the developer to acquire property not owned by him for full improvements. 1. Allen Grimes, City Attorney, stated he would furnish the Council with a legal opinion regarding off site improvements required by a developer. Councilman Jorgensen stated he was opposed to the proposed prezoning because of the annexation itself, not the developer's plans. He felt . the increased traffic would be detrimental and the development would be a strain on the city water's supply. Regarding Condition X631, he stated he would like to see those lots being required'to meet A.R.C. approval be built, as in the South Street Specific Plan, on the lower portion of the lots. Councilman Settle stated he was in favor of the project but could riot go along with Conditions 5 and 31 as written. Councilman Dunin stated he was in favor of the proposed.prezoning. Mayor Schwartz stated he supported the.prezoning application but also wished to have Conditions 5, 17,-and 31 clarified. On 5 he felt that full street improvements should be installed but sidewalks for lots 2 and 3 could be deferred. Council agreed. Also, homes to be located an lower portion of site. On'motion of Councilman Dunin, seconded by Councilman Petterson, the following ordinance with revisions was introduced: Ordinance No. 765 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map to prezone property known as the Foothill Annexation. Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None 3. The City Council held a public hearing to consider a Level I Ordinance 604 -A fire flow deficiency associated with use permit request U0667 for single - family residence located at 1900 Woodland Drive, Neil Maloney, applicant. Wayne Peterson, City Engineer, stated that an Ordinance 604 -A - deficiency fire flow existed in the area where the applicant wished to build a residence at 1900 Woodland Drive. He stated that the extension of an 8 -inch main and installation of a fire hydrant (proposed by the applicant) would not .provide adequate flow and pressure. The Planning Commission and staff recommended the applicant be required to do.the following: 1) Require extension of an 8 -inch water main from end of existing 6 -inch main in Woodland Drive southeasterly of Skylark Lane with a fire hydrant at the end. 2) Require one -hour construction of all structures. 3) Require 16- foot -wide all- weather surface driveway and turn- around area for fire truck access to city specifications. 4) Require applicant to provide 10,000 gallon (minimum) storage at upper elevation of lot (approximate E1. 565) to be fed by a 3 -inch (minimum) diameter private waterline. A 2 -inch diameter (minimum) meter is required with double check valves. A pump and pressure tank will be necessary. Applicant shall provide a fire department siamese connection within 40 feet of proposed fire hydrant at the end of Woodland Drive to allow a pumper to City Council Minutes July 5, 1978 Page 9 increase the pressure and flow.in the 3 -inch main.. A.hydrant (wharf type) shall be located.near.the residence. Design.of system to be approved by Utilities Engineer- Superintendent and Fire Department for compliance with city requirements.. Owner skull submit written certification that he will maintain this system.in operation.at.all..times and.that.it..is acceptable to him in lieu of..the.availability.of approximately..,1750..gpm demand. The City should be required to provide additional water mains to improve relia- bility of the water system in the entire area. Councilman Petterson questioned the need to require the developer to build a 10,000 gallon tank. Richard Minor, Fire .Chief, explained -that this-was in.keeping.with.past city policy and discounted other suggestions such as a swimming pool due to maintenance and a sprinkler system because although it would help, it would not..be..sufficient due to water pressure at that elevation. Mayor Schwartz declared.the public hearing open. No.,one appeared before the Council for or against the.deficiency. Mayor Schwartz.declared.the public hearing closed. On motion -of Councilman Petterson, seconded by Councilman Settle, to accept the four llsted Planning Commission and staff recommendations. Motion carried, all ayes. 4.A Ferrini Annexation Prezoning The City Council held a.-public hearing.to.consider final passage of an ordinance to prezone the property known as the "Ferrini Annexation ", a 199 -acre annexation proposal at the northwest corner.of the,city. Dan Smith, Senior Planner, briefly-reviewed-the history.to.date and stated that if the ordinance were given.final.passage by the Council,.it.would not become effective until the official annexation of the territory had been . approved by the voters. Don Smith, 1750 Prefumo Canyon Road, stated he was opposed-to both the pre - zoning and the annexation. He felt it would.cause a water shortage which in turn would.cause.higher water rates for those already in the city. He felt the city had used very poor water reports and inadequate evaluations in deter- mining water availability for this project. Councilman Jorgensen questioned the status of an open space agreement and the date it would be effective. He felt that an open space agreement should be executed-prior to going.to the voters in November if..the.annexation were approved by the city. Dan Smith stated that an agreement had already been signed by the property owner, Mr. Ferrini, to dedicate the open space-at the time the property would be annexed to the city and upon approval by the.city of the tentative tract map. On,motion.of Councilman Dunin, seconded.by Councilman Petterson, the following ordinance as revised was introduced: Ordinance No. 759 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map to prezone property known as the Ferrini Annexation. Finally adopted on the following roll call vote: AYES: .Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: _None City Council Minutes July 5, 1978 Page 10 4.B Proposed Annexation of.Ferrini Property Dan Smith, Senior Planner, briefly outlined the steps taken since the annexation was first proposed two years ago referring to the Planning Commission report previously-submitted for Council consideration, specifi- cally sections addressing project alternatives and general plan consistency as follows: Project Alternatives Four different alternatives.were..discussed in.the staff report, although. staff and the Planning Commission recommended alternative number 2 which was annexation of the entire 199 acre Ferrini property with A /C -40 zoning and an open space easement on 148 acres beyond the city urban reserve line. This would provide the city with zoning.control over the area beyond the urban reserve but would be less than dedication which would have negative property management /liability implications. The alternative, was reflected in the prezoning ordinance which required the applicant to grant an open space easement on the subject 148 acres. General P1an.Consistency Staff and the Planning Commission found that the annexation was consistent with the general plan in that: 1) The area was specified as a "minor.annexation" which should not necessarily be deferred until the city secured additional water. 2) The annexation and resultant development would.help correct existing deficiencies as.follows: a) fire flow for a portion of the Foothill neighborhood; I b) downstream sewer deficiencies.if not corrected beforehand by the city (Jeffrey and Cerro Ramauldo); c) culvert under Clover Street; d) park land by dedication of twice the area required_ (3 acres neighbor- hood park dedication). .3) The open space easement would provide for protection of the immediate area (148 acres) beyond the urban-reserve line from inappropriate rural development. 4) The urban reserve line and open space easement defined a more logical boundary for'the city in this area in terms of finishing a street system and providing for ultimate development within gravity flow sewer service. He stated the Planning Commission and staff-recommended that the City Council adopt a resolution granting approval of the Ferrini-Annexation request. He stated again that the open space easement had already been executed by Mr. Ferrini but would not become effective until annexation and filing and record- ing of the final map. . Mayor Schwartz declared the public hearing open. Don Smith, 1750 Prefumo Canyon Road, again stated he was opposed to the Ferrini Annexation and felt the matter should be continued until the open space easement problem had been resolved. He did not feel the property should be annexed until a firm agreement granting the 148 acres as open space had been signed. Jamie Colamine questioned why the big deal to require an open space easement if the property could be earmarked for different purposes by a future Council on a 4/5 vote. City Council Minutes July 5, 197.8 Page 11 Vic Montgomery, consultant representing the property owner, urged the Council to support the annexation and stated that with regard.to the effective date of the open space easement,.his client would be agreeable to have it become effective upon voter approval, as he was working in good faith with the city and assumed the city would also. Councilman Settle stated he could support the annexation if the open space agreement be amended to become effective upon annexation. Councilman.Petterson stated he would support the annexation request. Councilman Jorgensen stated he would vote against the proposed annexation on the basis of not wishing to annex any properties to the city at this time because of.a lack of adequate water supply but commended the property owner on the fine development plan. He felt it was probably the best plan to have come before the Council and quite possibly the best the city would ever see. Mayor Schwartz agreed with Councilman Jorgensen that the development plan was one of the best to ever come before the city, felt that this property had always been earmarked for residential development, and would therefore, support the annexation to the city. On motion of .Councilman Dunin, seconded.by Councilman Settle, the following resolution was introduced: Resolution No. 3602 (1978'Series), a resolution of the Council of the City of San Luis Obispo approving annexation of 199 acres known as the Ferrini Annexation proposal. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman- Jorgensen ABSENT: None 9:15 p.m. Mayor Schwartz declared a recess. 9:30 p.m. Council reconvened with all Councilmen present. 5. The City Council considered the final passage of Ordinance No. 758, amending the Underground Utilities Ordinance, District #8. On motion of Councilman Jorgensen, seconded by Councilman Settle, the follow- ing ordinance was finally passed: Ordinance No. 758 (1978 Series), an ordin- ance of the City of San Luis Obispo amending Article VIII, Chapter 4, of the San Luis Obispo Municipal Code, entitled "Underground Utilities ", changing the effective dates of compliance for District #8. Finally adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 6. Street Widening Policy and Right of [day Requirement - San Luis Mill Allen Grimes, City Attorney, submitted to the Council a second legal opinion reaffirming his prior opinion on the matter of the San Luis Mill and Lumber appeal of the dedication requirement at 236 Higuera Street. He states that on April 20, 1978, he rendered Opinion No. 78 -9 which held that the city's right -of -way ordinance and resolution were valid enactments and that the dedi- cation recommended by the staff to require the dedication of a twenty foot frontage on Higuera Street for right -of -way purposes was within the city's power. The basis of the property owner's appeal from the meeting of May 15, 1978 were as follows: 1 ii 1 City Council Minutes July 5, 1978 Page 12 1) Unfairness in taking the full future widening from.one side of the street with one property owner.bearing the full burden of the land; 2) Granting land to the city without.payment when other adjacent property owners would be paid.for.any land needed if a street widening project were ever instituted; and 3) In view of the_large.area being granted to the city by the property owner on the creek side of the property, it would seem simple justice not to take additional land at the front of the property and treat this property owner like anyone else when the city widens the street and buys the land. His comments added the following: 1) While most agencies strive to. acquire the total right- of-way necessary from both sides of the street rather than just one side for a street widen- ing project, it was common practice that engineering, construction and other aspects of the widening project require that the right -of -way be obtained from only one side of the street. 2) The fact that other adjacent property owners would be paid for any land needed for street widening would not affect the validity and application of the city's street widening ordinance. 3) Dedication of property for a creek easement was separate and apart from the right -of- way.sought for street frontage widening. They would not necessarily be connected in any way. Ray Gallo, attorney representing San Luis Mill.and Lumber, again stated to the Council his client's objections to the required dedication and in addition, pointed out engineering factors which still needed to be considered. Further, he stated that the City had purchased the property adjacent-to him ' (Kimball Motors) on the same side of the street, so to be fair it should also buy the frontage property the city wanted for the street widening. Councilman Petterson felt the matter should be referred to staff and the property owner to negotiate a settlement for.approximately half the cost of the proposed right -of -way acquisition. Councilman Jorgensen stated he did not feel that the required right -of -way would impose a hardship upon the property owner but would rather serve to improve the present situation as it.would help to.alleviate the flooding problem there. He felt the city should require full dedication. Councilman.Settle wanted the city to adopt a consistent policy for all street widenings': He stated he agreed with the attorney's opinion. Councilman Dunin stated he disagreed with Councilman Jorgensen and that the property owner would be the best judge as far as which improvements would be beneficial to his property. He felt the city was abusing the property owner's rights by requiring him to dedicate this much of his property. He would agree to the dedication if the city compensated the property owner for at least half of the dedicated right -of -way. After considerable discussion,.on motion.of Councilman Petterson, seconded by Mayor Schwartz, to refer the matter to staff to negotiate with the propert owner with a suggested-arrangement for the.city paying half of the value for ' a full take. Motion carried,.Councilmen Settle and 'Jorgensen voting no. On motion of Councilman..Jorgensen, seconded by Councilman-Settle, that staff be directed to formalize a written policy on the matter of street widening from one side of the street only and further to come back with. a report on the financial implications of a change in street widening policy. Motion carried, all ayes. City.Council Minutes July 5, 1978 Page 13 7. Appeal from Richard Carsel to rezone 1426 Broad Street Due to -.a possibility of a conflict of interest, Councilman Jorgensen left the meeting for this.public hearing. The City Council considered a public hearing continued from the June 7, 1978 meeting on the appeal of Richard A. Carsel from a denial by the Planning Commission-of- a.requested rezoning from R -2 to.P -0 for property located at 1 1426 Broad Street. Mayor Schwartz stated, for the record, that a recent request by opponents to the rezoning to continue this matter to a later meeting had subsequently been dropped and they were prepared to discuss the matter at tonight's meeting. He further explained that at the last meeting, the Council had closed the hear- ing to further public input and, therefore, polled the Council as to whether they wished.to reopen the.hearing for..public testimony or close it to only Council discussion and questions. By general consensus, the Council voted to leave the public hearing closed. Dan Smith briefly reviewed the staff and Planning Commission recommendations to deny the request. The reasons in summary were: 1) It would tend to erode the neighborhood quality along Broad Street (and perhaps Garden in the future). 2) It would bring the office boundary right to the lots fronting on Buchon Street (an area clearly shown on the plan to be protected). 3) It would create a longer irregular boundary with more area for use conflicts. 4) It would remove more dwelling units from the housing stock when a sufficient trade off for office-space had already been made elsewhere.in the community in areas now zoned Professional Office but occupied.by houses. Councilman Settle stated this was an extremely difficult decision to make, especially due to the amount of public sentiment expressed both for and against the proposed rezoning. He stated that if the Council elected to retain the R -2 zone, then he felt the plan line should be moved back to Borah's Trophy Store.(1406 Broad Street). Councilman Dunin agreed with Councilman Settle's comments to extend the plan line to Borah's Trophy should the Council retain the R -2 zone however he was undecided - whether or not to rezone the property to P0. Councilman Petterson stated he was in favor of rezoning the property to P0. He stated the lot was already facing the business side of Broad and felt the plan line should be moved over one lot. He felt it was to the city's and neighborhood advantage to allow an office there as the building was an old one and the city cannot require renovation. However by rezoning to office use, the building would be remodelled extensively enhancing the present site rather than leaving it as it was with the possibility that the owner would rent it to Poly students, etc. and letting it get rundown. Mayor Schwartz felt that the property was suited for both zones.but due to the strong opposition of the neighboring property owners and the fact that these property owners were keeping their homes up, he did not feel this house would be allowed to deteriorate and therefore would support the Planning Commission and staff recommendation to deny the appeal and leave the property zoned R -2. Councilman Dunin stated he did not feel a.rental would be conducive to.the good looks of the neighborhood and agreed with Councilman Petterson that this was an opportunity for the city to improve this area by- renovating this building and would therefore support the request by the owner to rezone the property to P0. On motion of Councilman Petterson, seconded by Councilman Settle, the follow- ing ordinance was introduced: Ordinance No. 766 (1978 Series)., an ordinance of the Council of the City of San Luis Obispo amending the official zone map to rezone property at 1426 Broad Street to P0. City Council Minutes July 5, 1978 Page 14 Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson and Settle NOES: Mayor Schwartz ABSENT: Councilman.Jorgensen ' Councilman.Jorgensen returned to the meeting. 8. At this time the City Council considered a resolution to approve Tentative Tract Map No. 706 for a 64 unit residential condominium conversion, Southwood Chalets located at the southeast corner of Southwood Drive and Laurel Lane, R -3 zone, Floyd Hitchcock, subdivider. Dan Smith briefly-outlined-the request to.convert 64 apartment units to air space condominiums and stated the Planning Commission recommended-approval to the tentative map subject to 16 conditions. Councilman Jorgensen suggested the possibility of levying a construction tax to a condominium conversion when park in -lieu fees (presently recommended by the.Planning Commission) were required as determined by the City Attorney. Mayor Schwartz declared the public hearing open. Timothy Beresky, attorney representing the applicant, submitted three letters, tdo from Daniel J. Curtin, Jr.,.attorney from Walnut Creek, dated June 18, 1978 and July 2, 1978 and one letter from William G. Holliman, Jr.., attorney from Sacramento dated June 19, 1978, rendering legal opinions as to whether the city could legally impose all the conditions recommended by the Planning Commission to the City Council before approving the tentative map. ' Floyd Hitchcock, property owner and applicant, reiterated the legal problems involved if the Council did not.-approve the map but.stated he wished to work with the city in good faith and hoped the Council would act on this matter as quickly as possible and not delay the project further. Councilman Petterson questioned the owner as to the need to convert these apartments to condominiums. He didn't .see that it would serve any purpose other than to benefit the developer -and did not see the apartments as anything more than just that - apartments. Floyd Hitchcock responded that the apartments were originally designed for condominiums and had been built on the:hope that they could be converted at a later date. That was why they all had individual water meters, etc. Councilman Dunin felt that, due to the fact that one had appeared to oppose the conversion and because several tenants had expressed interest in buying the units if they were converted, he could support the proposal. Vic Montgomery stated that he had advised his client to attempt to clarify several conditions imposed by the Planning Commission, those being Items 1, 2, 5, 11, 14 and 16 of the draft resolution submitted to the Council for adoption. Considerable discussion followed re amending the conditions and to add Item 17, "Subdivider shall pay construction tax for park fee of $150 per unit if �. determined applicable by.the City Attorney. Councilman Jorgensen stated he did not appreciate the heavy- handed approach the applicant took.(referring to the legal opinions submitted) in order to get the conversion but felt that from a legal standpoint, the city through out its option to deny the conversion when it did not adopt the recent con- dominium conversion ordinance and declaring a moratorium submitted by staff. He would support the Planning Commission's conditions recommended to the. Council as he.felt they.were all reasonable with the exception of adding to Condition No. 14 to add engineer "or architect ". With that change, he would support the proposed conversion. City Council Minutes July 5, 1978 Page 15 Councilman Petterson also felt that the city would be subject to a lawsuit if it did not grant the conversion. He also also agreed with Councilman Jorgensen that all conditions imposed by the Planning Commission and staff were necessary, but he would vote in favor of the proposal as long as those condi- tions were met. Councilman Settle agreed with the Planning Commission and shared the same concerns.of Councilmen Jorgensen reference to Condition No. 2 requiring 3.0.0 cubic foot be provided for each unit, he would have no objection read-"180 cubic foot" as requested by the applicant. the conversion request. an and -of to He i staff recommendations Petterson. With lockable storage to changing this to too .would support Councilman Dunin stated he.would support•,the proposal and was willing to revise Condition No. 2 to change the 300 cubic foot requirement to 180 cubic foot.' Mayor Schwartz stated he would support the condominium conversion with modifications to be made to Conditions 2, 14 and 16. He also would like staff to explore the possibility of.levying a construction-tax instead of park in -lieu tax and would like to.see that added as an additional condition. On motion of Councilman Jorgensen, seconded by Councilman Settle, the follow- ing resolution was introduced: Resolution No. 3603 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No. 706 located on-the southeast corner of Southwood,Drive and Laurel Lane and-modifying Conditions 2, ll and 14 and - adding Conditions 16 and 17. Passed.and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ASSENT: None 9. Council considered a resolution to grant approval of Minor Subdivision No. 78 -104, located at 2121 Monterey Street, Murphy And - Willett, applicants. Councilman Dunin did not sit in on discussions due to a possible conflict of interest. Dan Smith briefly reviewed the Planning Commission and staff recommendations to approve the minor subdivision. He.stated the applicant were.asking for a lot split to divide the existing motel complex into two separate parts, each on its own lot. The applicant was asking for the split to improve his capa- bility to finance improvements to the property. On motion of Councilman Jorgensen, seconded by Councilman Settle, the follow- ing resolution was introduced: Resolution No. 3604 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Minor Sub- division No. 78 -104 located at 2121 Monterey Street. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None 1 ABSENT: Councilman Dunin 10. Council considered the feasibility of undergrounding utilities in conjunction with street widening of Higuera Street between Marsh and Madonna. Wayne Peterson, City Engineer, briefly reviewed the problems involved in under - grounding the utilities. He stated that PG &E did not feel it was feasible to install underground utilities because of repeated flooding in the area. The