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HomeMy WebLinkAbout04/15/1980City Council Minutes April 15, 1980 - 4:00 p.m. Page 2 3) Consideration of city property for housing - this would integrate assisted housing into the city's downtown parking program; 4) Direct the staff to further study the State Housing Programs to determine whether they were applicable to the Downtown Area; and 5) Consider continuing the moratorium ordinance as originally adopted. The City Council discussed with staff the various options presented and by common consent directed the staff as follows: 1) Staff was authorized to proceed with the formal grant application for a block grant; 2) Refer proposed ordinance to the Planning Commission for their consideration after simplification of procedures by staff to minimize the standards and to emphasize incentives for avoiding conversions rather than regulations; 3) Support the concept of using city property for housing with city staff to study integration in structures of parking lots and possible use of surplus parking lots for combination housing and retail. 4) Accept the recommendation in concept with the staff to further study the State Housing Programs for applicability; and 5) No action but to continue the moratorium. 2. The City Council considered a proposal from the City Housing Authority to adopt an ordinance which would require a certain proportion of owner - occupied and renter - occupied units to be built at a fraction of the units to be within certain price ranges, so- called Below Market Rate Housing Ordinance. Glen Matteson presented the recommendation from staff as follows: stating that the Housing Authority had proposed an inclusionary ordinance that would require a certain proportion of owner- occupied and renter - occupied to be built at a fraction of the units to be within certain price ranges. The Council referred the proposal to planning and legal staff for evaluation. He stated that the staff position was that the Council should consider the Housing Element Programs aimed at providing housing for all economic segments of the community and decide to what extent, if any, the city would control all new constructions in order to provide for certain segments of the population. Combined with other forces working in the housing market, the proposed ordinance might do more overall harm than good. Administering such an ordinance would add substantially to an already complicated process. Rich Chubon, Executive Director of the City Housing Authority, urged the City Council to adopt the proposed ordinance as he felt there was a need for this type of control in the community and hoped that the City Council would adopt some sort of below market rate housing or inclusionary program for the community. He suggested the model ordinance distributed by HUD. He felt that this type of ordinance could be effective if enforced by the city and listed several cities where this ordinance had been successful. Upon question as to how this would affect market value of various buildings to allow individuals to buy property, he stated that several cities that had adopted this type of control, had reduced their standards and requirements, including granting additional density for developers who build under these conditions. In this way, the developer could.afford to absorb a portion of the cost in granting below market value housing to low and middle income citizens. 1 1 1 City Council Minutes April 15, 1980 - 4:00 p.m. Page 3 The City Council discussed with staff the proposal of the City Housing Authority and felt that without additional and accurate cost information, it would be difficult to adopt this type of control. Therefore, by common consent of the Council, they would take no action on this proposal at this time but would like more information. 3. At this time, the City Council considered a request of Cuesta Valley ' Properties to purchase a city -owned property on the corner of Santa Rosa and Mill Street. Public Services Director Romero explained to the City Council that this property was acquired by the City through a Federal street widening project and that if the city were to sell the property, the funds would have to be returned to the Federal Government. It was also stated that this contract was now under hearing for appeals for extra cost. He recommended that the.City Council take no action on this request at this time. It was common consent of the City Council that they would take no action on this matter and that it should be brought back to the city if and when the contract had been finally settled. 4. The City Council considered a request from Gann Investments and Val Vista Estates, Inc. to consider amending the city subdivision ordinance to allow for longer periods of tentative map validity or additional and longer time extentions as are authorized by State law. On motion of Councilwoman Billig, seconded by Councilman Bond, that the City Council accept staff recommendation and direct the staff to prepare an ordinance for the Planning Commission and City Council's consideration, dealing only with timing of tentative tract maps 7 time extension for tract maps. Motion carried. All Ayes. Mayor Cooper absent. 5. The City Council considered a request from the San Luis Obispo Little Theatre, Inc. for cooperation in acquiring a facility for the performing arts. They stated that several of their members had visited and inspected the Veteran's Memorial Building on Grand Avenue and felt that with some effort and cost, this could be remodeled into a beautiful theatre seating approx- imately 300 people with a slope seating, ramps for disabled persons, part - thrust, part - proscenium stage with a turntable, without affecting the existing structure. They stated there was also .sufficient room for dressing rooms, makeup rooms, etc. The proposal was for the city to attempt to acquire the property from the county and lease it on a long -term lease to the Little Theatre Association and they would then raise funds to remodel the theatre. Ralph Hansen, President of the Little Theatre Association, appeared before the City Council in support of their request feeling this would be one of the only opportunities available to them for conversion to the Little Theatre as they were being moved from their present facility. Myron Graham felt that any building given to the Little Theatre to remodel into a performing arts would be okay with him. He felt the Veterans' Building would be an excellent choice because of parking, etc. LaVerne Schneider felt the Veteran's Building was not the proper place for the Little Theatre . as it would hurt a great .number of other groups who use the Veterans' Building now and need a flat floor. She felt that a separate theatre building was needed and should be developed as a theatre and not take ' away the only other auditorium open to many other people. Lee Walton, Administrative Officer, suggested that the City Council instruct the staff to negotiate with the County to obtain a-12-month option for purchase of the Veterans Building for the nominal $1.00. To make this proposal attractive to the County, he suggested the City might offer to contribute $200,000 toward the acquisition of a downtown site for a new County Library; appoint a special committee to review the feasibility of the Little Theatre proposal. This committee might consist of two members of the Little Theatre Association, one City Council Minutes April 15, 1980 - 4:00 p.m. Page 4 representative of the Veterans'. Association and two members of the committee at large with knowledge of financing and theatre requirements. This committee would be asked to report back on feasibility within 30 days. Upon submission of the committee's report, a public hearing would be held to consider the feasbility, and if affirmative, the Council would then grant the Little Theatre Association four months to secure sufficient pledges to establish their ability to finance the project. If the Association was able to raise adequate funds, then the City could exercise the option to purchase the build- ing I and lease appropriate portion of that facility to the Little Theatre Asso- ciation. Councilwoman Billig felt this was a good opportunity for the City Council to acquire a possible small scale, multi - purpose recreation building. She felt that a Special Task Force Committee should be appointed to study the feasibility of acquisition with a report back in 30 days and completion of the contract within 4 months. She would support the proposal as presented. Councilman Bond stated he too would support the proposal, no need for an addi- tional committee to study. He felt the staff should proceed as recommended. Councilman Munger felt this was a good idea. He would support if it was cost - effective and was within reasons. Vice -Mayor Dunin stated he would support the proposal. He did not agree that the new committee for staff should proceed unless the CAO wanted to appoint that technical committee for his own information. On motion of Councilman Dunin, seconded by Councilwoman Billig, that the City Council accept the proposal in concept, instruct the CAO to proceed with the feasibility study and to appoint a technical committee if he so wishes with a report back to the Council within 30 days to answer necessary suitability and feasibility questions. Motion carried. Mayor Cooper absent. 6. Request by Merriam, Deasy & Whisenant for Council determination regarding' the appropriateness of proceeding with annexation request for a portion of the Dalideo property adjoining the city limits for construction of a post office distribution and customer service area. Terry Sanville presented the recommendation of the city staff stating that MDW were representing the Dalidio family and they wished to annex 4.4 acres of their land along Madonna Road into the city. Upon annexation, the land would be sold to the United States Postal Service. The Post Office Service wishes to build a new distribution and customer service at this location. He continued that the Post Office was shown on the City's General Plan as an interim - agriculture area. It was within the Dalidio major expansion area. The General Plan policy stated that before this area could be annexed for development, a specific plan must be prepared and additional sewer treatment capacity and water supply secured. The Dalidio Family wanted to annex the 4.4 acre parcel at this time without preparing a specific plan and prior to additional water supply or sewer treatment service being available. MDW asked the Council to determine that the post office project meets the intent of the General Plan. Terry Sanville stated that the city staff had been working with the Post Office officials since 1977 to develop a distribution center within the City of San Luis Obispo. The staff had also submitted several alternate sites for the Post Office to consider. It was the staff's position that full customer facilities must be retained in downtown San Luis Obispo if the distribution center was moved out. He stated that the following steps would have to be I followed in order to annex the property to the city: 1) General Plan amendment; 2) A prezoning request and hearing; 3) The annexation procedures. City Council Minutes April 15, 1980 - 4:00 p.m. Page 5 In order to avoid the requirement of Proposition G which requires a vote of the public on any annexations proposed, the postal service would acquire the property in their name by some legal document which would put the land in public ownership for perpetuity. He then briefly discussed specific plan requirements, land use issues and other areas for the Council's consideration in this discussion. ' Sandy Merriam, representing MDW, consultants for the Dalidio Family, stated that the problem involved in this proposal was the ..General Plan-re4uirements concerning annexations which stated in part that "A specific plan shall be required prior to annexation. No annexations of major unincorporated expansion areas shall be authorized until water supply and treatment and sewage collection and treatment facility needs can be met in addition to the planned urban use capacity of incorporated areas." He urged the Council to expedite their decision in order to meet the post office schedule. He stated that their funds run out at the end of this fiscal yea and they would have to get this facility back on a subsequent allocation. He concluded his comments by saying that if the 4.4 acres site was to be completely planned for postal service uses and the related street. He felt it was a unique use and generally no additional linkage to related land uses. No other type of activity was planned, no expansion beyond the site identified be required. In this sense, he felt the postal development plan should be considered a specific plan. He also stated that the development site would not unduly prejudice or limit development options on or circulation to the adjacent lands either within the city of county. Finally, the postal service was a governmental agency that was providing an essential public service and as such, he felt it was exempt from Measure G. Don Smith recommended that the City Council authorize the staff to work with the post office officials and consultant but to not annex any more land to the city. He urged the Council support the General Plan policies on annexation. ' He also felt this should not be developed on Madonna Road due to the heavy traffic and additional danger it would present. Myron Graham felt this was a poor location for a post office. He felt it should be somewhere else in the downtown city. He felt that Madonna Road was already too conjested and dangerous. Councilman Bond stated he was opposed to this site for the post office operation. He felt Madonna Road was too conjested at this time and adding the postal traffic through Madonna Road was no good. Councilman Munger stated he would support the Madonna Road site for the P.O. He felt it would be less conjested than in the downtown area. Councilwoman Billig stated she was opposed to the site as she felt it was not an appropriate location for this use. She felt this use was incompatible to the other developments in the area. She felt that the Dalidio property owners should have their property master planned and not developed piecemeal. She felt that other sites within the City were must more compatible and should be considered. Councilman Dunin stated he felt this was a poor location for the postal facility and the Dalidio property should not be developed piecemeal but be masterplanned. He too felt that their were other appropriate lands available within the city and urged staff to work with the consultant and postal authorities to work out ' a better location. On motion of Councilwoman Billig, seconded by Councilman Bond, that the staff be directed to look at alternate sites outside of the downtown area for the proposed postal facility and to work closely with the postal rep- ' resentatives. Motion carried, all ayes, Mayor Cooper absent. City Council Minutes April 15, 1980 - 4:00 p.m. Page 6 10. Laguna Lake Golf Course Driving Range D.F. Romero, Public Services Director, stated that at the Council meeting of January 2, 1980, the City Council reviewed plans and specifications for the Laguna Lake Golf Course Driving Range Protective Screen and indicated their lack of complete satisfaction with the project. They requested that the City Administrative Officer report on the possibility of utilizing a driving range cage in place of the screen. Jim Stockton, Parks & Recreation ' Director, had researched the matter and had arrived at a cage which would be 60' deep, 100' wide and 20' high. The total cost of this cage including engineering and contingencies was $15,000 as. opposed to $45,500 net cost (total cost $51,500 with a $6,000 contribution by Laguna Lake Mobile Home Estates for the driving range screen). In addition, the environmental impact would be reduced with the cage as well as operating costs. The cage would utilize only a small portion of the "property purchased for the driving range thereby allowing a number of other uses on the remainder of the property such as picnic areas, horseshoe courts, putting greens which were now being master planned. He recommended that the City Council authorize the staff to proceed with plans and specifications of the driving range cage'. Ellie Young, Laguna Lake Golf Course employee, stated she was opposed to the concept of the cage. She felt the need was for a full screen driving range that golfers could really hit their practice shots and adequate training could take place. Dolores Rimhardt, President of Laguna Lake Ladies Golf Course, stated she was opposed to the driving cage. She felt it was inappropriate and supported the full driving range screen. Lee Walton, Administrative Officer, stated that he supported the driving cage for practice but it was better than nothing and he did not see that the screen would be effective as it would be impossible to protect adjacent properties from high flying balls. I D.F. Romero again explained the dimensions of the area owned by the city, the boundaries of the adjacent property and the limitations on the driving range screen and the excessive height that would be required to protect adjacent properties. Councilwoman Billig felt the driving range was the best approach but she felt the driving cage as presented was the only viable alternative given the city's liability and usability to purchase entrance property from mobile home parkowners; and she would support the staff recommendation and authorize the preparation of plans and specifications and call for bids. She agreed that the extra land could be developed for other recreational uses. Councilman Bond stated he was opposed to the driving cage. He felt that the driving range was the -be and felt this :was a poor alternative and would not -support the staff recommendation. Councilman Munger stated he was not too thrilled about the driving cage approach but felt the driving range was needed. He would not support the driving cage if golfers would not use it which meant that there would be no practice cage at all. After some discussion, it was moved by Councilwoman Billig, seconded by ' Councilman Munger, that the City Council accept the staff recommendation, prepare plans and specifications and call for bids. Motion carried, Councilman Bond voting no, Mayor Cooper absent. E -1 Lee Walton, Administrative Officer, brought to the Council's attention the matter of the County Planning Commission approval of the Kundert commercial building on South Higuera Street at the Buckley Road intersection. The develop- ment was to be a 15,000 sq. ft. furniture store and an 18,000 sq. ft. bakery and other manufacturing spaces. He reminded the City Council that at their instruc- City Council Minutes April 15, 1980 - 4:00 p.m. Page 7 tions, a letter was sent to the County stating that the project and underlying zoning was inconsistent with both city and county general plans. Also, the County was asked to consider the compatibility of the project with the general plan and zoning with a view towards possible initiating rezoning of the property. He continued that the Board of Supervisors reviewed the city's letter on their April 14 meeting and unanimously continued their discussion of this item until Monday, April 21, 1980. He felt there was an indication from the majority of the board members that they shared the city's concern and had some problems with the development of a furniture store at this location however the Board felt that to properly address the issues that the appropriate procedures would be for the City Council to formally appeal the decision of the County Planning Commission approving the development plan for the project. The appeal would be reviewed by the Board of Supervisors and must be filed before April 26, 1980. On motion of Councilwoman Billig, seconded by Councilman Munger, the City Administrative Officer was authorized to send the appeal letter to the Board of Supervisors appealing the decision of the Planning Commission. Motion carried, all ayes, Mayor Cooper absent. Due to the lateness of the hour, Mayor Pro -Tem Dunin adjourned the meeting at 6:15 p.m., to 7:30 p.m., Tuesday, April 15, 1980. Council approved minutes on: J. itzpatrick, City Clerk 5/6/80 ' M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 15, 1980 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Invocation by Reverend Fred Wymore, Four Square Church Roll Call Councilmembers Present: Melanie Billig, Alan Bond, Ron Dunin and Gerry Munger Absent: Mayor Lynn R. Cooper City Staff Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Ken Bruce, Senior ' Planner; Jim Stockton, Parks & Recreation Director; Don Englert, Police Captain; Geoff Grote, Legal Assistant; D.F. Romero, Public Services Director; Richard Minor, Fire Chief 11. The City Council held a public hearing under the provisions of Resolution No. 4124 (1980 Series), a Resolution of Intention to abandon a portion of William Street, Bushnell Street, Haskin Avenue, Fletcher Avenue, Florence Avenue and Leona Avenue within Terrace Hill Planned Development project area. City Council Minutes April 15, 1980 - 7:30 p.m. Page 2 Ken Bruce presented the proposal to the City Council. Bob Vessely, Engineer for the property owner, appeared before the City Council prepared to answer any necessary questions on the proposal. Vice -Mayor Dunin declared the public hearing open. No one appeared before the City Council for or against the proposed abandonment. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Bond, seconded by Councilwoman Billig, the City Council determined that the subject streets would be abandoned subject to reservation of easements as required, and final abandonment to take place concurrently with approval for Tract No. 758. Motion carried. 7. On motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4139 (1980 Series), a Resolution of Intention to abandon a portion of Howard Street adjacent to Highway 101. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and Munger NOES: None ABSENT: Mayor Cooper 8. On motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4140 (1980 Series), a Resolution of Intention to abandon a portion of Olive Street between Osos Street and Stenner Creek. Passed and adopted on the following roll call vote: ' AYES: Councilmembers Billig, Bond, Dunin and Munger NOES: None ABSENT: Mayor Cooper 12 -A The City Council held a public hearing to consider a recommendation of the Planning Commission to rezone property at 251 Margarita Avenue from R -2 -S to R -2 -PD and consideration of a preliminary development plan. Ken Bruce, Senior Planner, presented the recommendation of the Planning Commission to rezone this property for planned development use subject to seven conditions imposed by the Planning Commission. Vice -Mayor Dunin declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Bond, seconded by Councilwoman Billig, the following ordinance was introduced to print: Ordinance No. 850 (1980 Series), -an ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 251 Margarita Avenue. ' Introduced and passed to print on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin and Munger NOES: None ABSENT: Mayor Cooper City Council Minutes April 15, 1980 - 7:30 p.m. Page 3 12 -B The City Council considered the Planning Commission's recommendation to approve the tentative map for Tract No. 896 known as La Costa Village to allow a 102 -unit residential planned development condominium at 251 Margarita Avenue; R.D.I. Corporation, subdivider. Ken Bruce, Senior Planner, presented for the Council's consideration the tentative map for Tract No. 896, a 9.7 acre site on the Southside of Margarita Avenue east of South Higuera Street. He continued that the City Council approved an air space condominium tentative tract map on November 6, 1979, consistent with an approved development project. The subdivider requested a planned development condominium now, due to changes in financing. The site layout and design are identical to the previous approved plan. He stated that at the meeting of March 12, 1980, the Planning Commission recommended approval of the attached resolution. Also, Condition No. 22 had been added so that the recommendations of the Commission relate the map to PD rezoning. Vice -Mayor Dunin declared the public hearing open. Eleanor Datun, Santa Margarita Avenue, asked how was parking to be handled? Ken Bruce replied that parking would be two spaces per unit covered and then the Planning Commission added one half space per unit for guest parking and it would all be onsite. A total of 255 parking "spaces are required and shown. Tom Schumann wanted to know who was the R.D.I. Corporation. Ken Bruce stated that was the name of the developing organization. Their address is Paso Robles, California. ' Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Bond, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4144 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative tract no. 896 located at 251 Margarita Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig and Dunin NOES: None ABSENT: Mayor Cooper 13. The City Council considered a public hearing to consider the Planning Commission recommendation to approve the tentative map for Tract No. 895, known as Laguna Green to allow a 33 unit residential air space condominium located at 1445 Prefumo Canyon Road, R -3 zone, Laguna Lake Company, subdivider (continued from April 1, 1980 Council meeting due to the non - filing of a revised tract map to correspond to the site plan approved pursuant to variances issued by the Planning Commission and A.R.C. resolution). Ken Bruce recommended that the consideration of this matter be continued to ' a future meeting since the revised map had not been filed. Vice -Mayor Dunin declared the public hearing open. No one appeared before the City Council for or against the tentative tract map. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Munger, seconded by Councilwoman Billig, consideration of tentative map for Tract No. 895 was continued to May 6, 1980. Motion carried. City Council Minutes April 15, 1980 - 7:30 p.m. Page 4 CONSENT ITEMS C -1 On motion of Councilman Bond, seconded by Councilwoman Billig, claims against the city for the month of April, 1980 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. C -2 On motion following minutes of Councilman Bond, seconded by Councilwoman Billig, the of City Council meetings were approved as amended: ' February 19, 1980 - 4:00 p.m. March 17, 1980 - 12:10 p.m. February 19, 1980 - 7:30 p.m. March 18, 1980 - 4:00 p.m. March 3, 1980 - 12:10 p.m. March 18, 1980 - 7:30 p.m. March 4, 1980 - 4:00 p.m. March 25, 1980 - 12:10 p.m. March 4, 1980 - 7:30 p.m. March 31, 1980 - 12:10 p.m. March 11, 1980 - 7:00 p.m. April 1, 1980 - 4:00 p.m. March 17, 1980 - 12:10 p.m. April 1, 1980 - 7:30 p.m. Motion carried. C -3 On motion of Councilman Bond, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4141 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving the closing of State Highway for the Shrine Parade to be held on August 9, 1980. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin and Munger NOES: None ABSENT: Mayor Cooper C -4 On motion of Councilman Bond, seconded by Councilwoman Billig, the ' following resolution was introduced: Resolution No. 4142 (1980 Series), a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the Public Employees Retirement System and the City Council of the City of San Luis Obispo to provide one year final compen- sation for local miscellaneous members. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Munger and Dunin NOES: None ABSENT: Mayor Cooper C -5 On motion of Councilman Bond, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4143 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and San Luis Obispo County Area Council of Governments amending portions of the Joint Powers Agreement to add the City of Atascadero. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Munger and Dunin NOES: None I ABSENT: Mayor Cooper C -6 On motion of Councilman Bond, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4145 (1980 Series), a resolution of the Council of the City of San Luis Obispo: 1) authorizing the acceptance of a Quit Claim Deed and 2) authorizing a Grant of Easement to relocate an easement across city property in Stenner Creek. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Munger and Dunin City Council Minutes April 15, 1980 - 7:30 p.m. Page 5 NOES: None ABSENT: Mayor Cooper B -1 The City Clerk reported on the following bids received for "WATERLINE INSTALLATION - MILL STREET, CALIFORNIA BLVD. TO GROVE STREET ", City Plan No. D -48, bid estimate $26,820 including contingencies: ' R. Baker, Inc. $21,336.00 P.O. Box 419 Arroyo Grande, CA 93420 Fred Julien & Associates $21,678.76 4725 Santa Fe Road San Luis Obispo, CA 93401 Charles Pratt Construction $23,751.50 P.O. Box 1295 San Luis Obispo, CA 93401 On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4146 (1980 Series), a resolution awarding the contract to R. Baker Construction Co. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond and Dunin NOES: None ABSENT: Mayor Cooper ' B -2 The City Clerk reported on the following bids received for "JOHNSON AVENUE STORM DRAIN ", City Plan No. 05 -B: bid estimate: $115,000 with contingencies. Sierra National $105,700.00 44548 N. 10th Street West Lancaster, Ca. 93534 R. Burke Corporation $114,014.00 P.O. Box 957 San Luis Obispo, CA 93401 Conco Engineering, Inc. $114,100.00 P.O. Box 511 San Luis Obispo, CA 93401 Charles Pratt Construction $1289884.00 P.O. Box 1295 San Luis Obispo, CA 93406 Walter Bros. Construction Co. $130,069.00 P.O. Box 809 San Luis Obispo, CA 93406 Melcher Construction Co. $130,560.00 1415 Smith Court San Luis Obispo, CA 93401 Pacific Western Construction $132,088.00 4704 E. Carmen Fresno, CA 93703 Fred Julien & Associates $134,012.00 4725 Santa Fe Road San Luis Obispo, CA 93401 City Council Minutes April 159 1.480 - 7.:30. p.m. Page 6 On motion of.Councilwoman Billig, seconded .by.Councilman.Munger,.the following resolution -was introduced: Resolution No..4147.(1980 Series), a resolution awarding.the bid to Sierra National. Passed and..adopted on.the- following roll call vote,: .. AYES: Councilmembers Billig, Munger, Bondoand.:Dunin...-.- NOES: None ABSENT: Mayor Cooper B -3 The City Clerk reported..o.n..the followin.g.b.id. received for.:''FIRE RESCUE SQUAD BODY ": Master Body Sales -& Service, Inc. $5,454.76 9824 Atlantic Avenue South.Gate, Calif. 90280 Richard Minor, Fire Chief, recommended that the City Council accept the low bid of Master Body Sales & Service, Inc. On.motion of Councilwoman Billig, seconded by.Councilman:Munger,.the low bid of.Master Body Sales & Service, Inc..was accepted. Motion carried.. On motion of Councilwoman.-Billig, seconded.by Councilman Bond, the.following resolution was introduced: 'Resolution No. 4148 (1980 Series),'a resolution increasing budget to pay for fire truck body. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Munger and Dunin NOES: None 1 ABSENT: 'Mayor.Cooper 14. The City Council held.a public hearing to consider-the.extension of Ordinance No. 835, an interim urgency ordinance establishing a moratorium on planned development rezonings on parcels of less.than one'acre. Ken.Bruce presented a letter from the Community Development.Director stating that the ordinance was adopted on December 18., 1979 and -would expire on April 18, 1980..He felt it was very unlikely that the Planning Commission's - review of the draft.zoning.regulations.would be_able.to be submitted to the Council and acted -on by them by the April 18,'1980. Therefore, they requested that-the City Council extend -the ordinance.for a.period.of 12 months. . Vice -Mayor Dunin .declared.the..public.hearing open. No.one.- appeared.before the City Councillor or.against the extension of the ordinance. .Vice -Mayor Dunin declared the public hearing closed. On motion of.Councilwoman.Billig;_ seconded by_Councilman.Bond;..Ordinance No. 851 (1980 Series), an'.Inteiim.Urgency Ordinance of the.City Council of the City of San Luis Obispo, extending the.Urgency Ordinance No. 835 for 12 months, establishing - a.moratorium on accepting applications for planned .developments on parcels smaller-than-one acre was.introduced.' Vice- Mayor..Dunin stated that he had_originally.voted . against.the establish- ment of this ordinance and =that he really did not -wish to -vote for it at this time. But due to the.. feeling ..of._the.other.councilmembers and..the fact that. only .four..members.were.present, he would support the ordinance. Finally passed.on. the following roll call vote: City Council Minutes April 15, 1980 - 7:30 p.m. Page 7 AYES: Councilmembers Billig, Bond, Munger and Dunin NOES: None ABSENT: Mayor Cooper 15. City Council considered a request for condominium conversions at 1563 E1 Tigre Court. Ken Bruce reported that the proposal was to convert 16 apartments at 1563 E1 Tigre Court into a residential condominium use. He stated the hearing should consider whether the proposal would meet minimum standards which would authorize the processing of the conversion application. A subdivision to effect the conversion would then be subject to future Planning Commission and City Council review and approval. Ken Bruce continued that due to an oversight in the notification on this proposal, the staff did not inform the tenants in sufficient time for this public hearing and he suggested that the matter be continued to May 6, 1980. On motion of Councilman Bond, seconded by Councilwoman Billig, the matter was continued to the.May 6, 1980 meeting. Staff was directed to properly inform or notify the teaaats. 18. City Council considered the final passage of Ordinance No. 848, an ordinance adding section 8121 to the San Luis Obispo Municipal Code, entitled "Alternate Building Standards for Historical Buildings." Vice -Mayor Dunin declared the public hearing open. No one appeared before the City Council for or against the proposal. Vice -Mayor Dunin declared the public hearing closed. ' On motion of Councilman Bond, seconded by Councilwoman Billig, Ordinance No. 848 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmembers Bond, Billig, Munger and Dunin NOES: None ABSENT: Mayor Cooper 19. City Council considered the final passage of Ordinance No. 849, an ordinance amending the Municipal Code to establish procedures for issuing demolition permits for buildings which may be historically, architecturally or aesthetically significant. Vice -Mayor Dunin declared the public hearing open.. No one appeared before the City Council for or against the proposed ordinance. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilwoman Billig, seconded by Councilman Bond, Ordinance No. 849 was introduced for final passage. Finally on the following roll call vote: AYES: Councilmembers Billig, Bond, Munger and Dunin NOES: None ABSENT: Mayor Cooper 16. City Council held a public hearing to consider the final map for Tract No. 744, a residential condominium located at 2895 South Higuera St; Keith Bruington, Inc., Subdivider. City Council Minutes April 15, 1980 - 7:30 p.m. Page 8 Dave Romero, Public Services Director, presented for the council's consideration the final map, subdivision agreement, etc., on file for the final adoption of the map for Tract No. 744. He said that all conditions had been met or included within the subdivision agreement, all fees had been filed and the necessary bonds had also been filed. He recommended that the City Council approve the final map and authorize the Mayor to execute the agreement. Vice -Mayor Dunin declared the public hearing open. _ Clell Whelchel, property owner at 2885 South Higuera Street, questioned the propriety of surrounding his commercial development with housing, which he felt would affect his operation ultimately as the residents would object to the warehouse and trucking operation that had been carried on there for a number of years. He continued that he did not wish to become a non - conforming use if the residential areas surrounded him, which he stated happened at his original location in an M -zone on High Street. He stated that after enough complaints had been received by the city, he was forced to move to the present location and did so because the property was zoned for his operation. He also stated that access to this property had not been cleared up with the present owner. He stated that at the time he developed his property on Higuera Street, he was encouraged by the city, Planning Commission and staff to use the access road to the Martinelli property as access to his development in order to avoid two adjacent curb entrances on Higuera Street. He said that in all the years he has operated there, the property owners have granted him that permission: first Martinelli; second Odom. He said that under the present development before the City Council, his access is being cut -off and he has been unable to make arrangements with the new owners to continue the access even though he offered to help pay part of the improvement costs in order to continue. He then explained the situation of bring new access to his property after ' the plan have been developed and approved. Keith Bruington, subdivider, stated that he was available to answer questions. on the final map for Tract No. 744. City Council held a lengthy discussion on the problem brought to them by Clell Whelchel, dealing with the right, if any, of his use to this property over the access road and ramp being improved by Bruington that has existed for many, many years. _Ken Bruce, Planning Department, stated he felt there are many other ways for Whelchel to have access to his property. He suggested: 1) Either develop a new access road from Higuera Street through the parking lot to the rear of the site; or 2) Develop a new road around the warehouse on the northside. He realized neither suggestion was practical as far as costs, but they were possible. George Thacher, City Attorney, explained the council's position on this action which was: 1) Continue the item for information on the access; or 2) Approve the final map as is and let the property owners decide in court who has access to what property. Keith Bruington stated he needed action now as his loan commitments were to expire with the bank on April 30, 1980, and if this project was not , approved, he would be busted. Vice -Mayor Dunin closed the public hearing. On motion of Councilman Bond, seconded by Councilwoman Billig, that the City Council adjourn to an executive session to discuss the possible litigation involved or threatened in this easement matter. Motion carried. Mayor Cooper absent. At this time, the City Council adjourned at 9:25 p.m. to an executive session. 1 1 1 City Council Minutes April 15, 1980 - 7:30 p.m. Page 9 City Council reconvened at 9:35 p.m. with all Councilmembers present. Mayor Cooper absent. On motion of Councilwoman Billig, seconded by Councilman Munger, consideration of the final map for Tract No. 744 was continued to 12:10 p.m. Tuesday, April 22, 1980. Motion carried. All Ayes. 9. City Council considered the fourth quarter 1979 -80 priority listing for water improvements. Robert Mote, Utility Engineer, stated the following: As requested by the City Council, he has added zation calculations to reflect the importance other needed City water line improvements. If our needed projects, it is given a high number urgency, and vice versa if it is considered of time it is given a low number one more factor to our prioriti- :)f the project in comparison to the project rates high among - up to 10 - to reflect that low importance at the present In addition, he has modified the evaluation of developer contribution. Hitherto, we had used a factor developed by dividing $20,000 by the estimated cost to the City for the project. Now we are using a factor arrived at by dividing the City's contribution by the developer's contribution; thus a developer can improve his changes of getting his project approved by agreeing to pay a higher portion of the total project costs. The project that comes out with the highest priority this quarter is a small job which will require only a fraction of this quarter's allocation. He would suggest that the Council consider funding it with the surplus left over from the previous three quarters of this year which appears to be almost exactly the needed amount ($6,000). Priority No. 1 - Garfield at Monterey. 8" tie to 14" feeder Priority No. 2 - Haskin & Pachel 8" Line City Cost $6,100 Dev. Cost 12525 $7,625 City Cost $209000 Dev. Cost 17,000 $37,000 Robert Mote recommended that the City Council approve the funding of the No. 1 priority project from the surplus of funds from the three previous quarters and approve the funding of the No. 2 priority project from the fourth quarter $20,000 allocation. On motion of Councilmember Billig, seconded by Councilman Bond, that the council accept the stated priority recommendations and authorize them to proceed. Motion carried. 17. City Council considered the final map for minor subdivision 79 -223, to split one lot into two lots on Laurel Lane and Southwood Drive; New World Investments, Subdivider. Items to be considered by the council were: A. Reconsideration of Condition No. 2 of resolution to approve the final map for minor subdivision 79 -223, relating to the removal of the tank. B. Consideration of approval of common access agreement on subject subdivision. C. Consideration of final map for minor subdivision 79 -223, splitting one lot into two. City Council Minutes April 15, 1980 - 7:30 p.m. Page 10 Dave Romero, Public Services Director, stated that they had reviewed the map, that all conditions had been met and are bonded, and he recommended that the City Council approve the final map of the minor subdivision, approve the common access driveway agreement and conditionally approve the final map subject to the existing tank being removed from the site within 90 days and payment of water and inspection fees. He continued that Condition No. 2 of resolution approving the tentative map reads, "A note shall be placed on the final map indicating that the water tank on lot one shall be removed and pertinent easements abandoned prior to final map approval." The subdivider had met this condition. The note is on the map and the easements have been abandoned. Staff's opinion is that the intent of the condition has not been met. The tank is still standing. Staff recommended that the developer read that the intent of the condition can be met by removing the tank within 90 days and the map receive only condition approval pending the tank's removal. The map will not be recorded until the tank is removed. Councilmember Billig asked the Public Service Director if all the fees for this minor subdivision had been filed. Upon being informed that they were not, she stated she objected to even considering this matter when an incomplete package has been placed on the agenda. She felt that the council had taken action not too many months ago that nothing would be placed on the agenda until the entire package of approvals, including fees and bonds, have been filed with the city and then considered by the City Council. She stated she objected to this continual practice of incomplete agenda items. Tom Roback, representing New World Developers, stated he was the one who ' asked the staff to continue the filing of the fees until the escrow had closed and before the final map was filed as there is a 90 -day condition dealing with the tank. He questioned the condition that the tract approval would be rejected if the tank was not removed within 90 -days. On motion of Councilman Bond, seconded by Councilwoman Billig, the matter was continued to 12:10 p.m. Tuesday, April 22, 1980. Motion carried. Mayor Cooper absent. Vice -Mayor Dunin adjourned the meeting at 9:55 p.m. to 12:10 p.m. Tuesday, April 22, 1980. COUNCIL APPROVED MINUTES ON: 5/6/80 J itzpatrick, City Clerk