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HomeMy WebLinkAbout08/02/1971Pledge Roll Call ' Present City Staff Ll 1 0 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA August 2, 1971 - 7:00 P. M. City Hall Emmons Blake, J6h6 C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Present:. R. D. Young, Planning.Director; J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; Don Kaye, Fire Marshall; Price Thompson, Water Director. ---------------------------------------------------------------------- - - - - -- C -1. The City Council authorized payment of claims against the.City. subject to the approval of the Administrative Officer. C -2. The City Council approved the minutes of the meetings of July'l and July 19, 1971. C -3. The suggestion of Councilman Gurnee that the City Council set'the public hearing for consideration of Freeway Agreement with the State of California for October 11, 1971 was approved. C -4. The City Council received a communication from the State Department of Public Works outlining a new policy on freeway and transportation planning which would allow citizens and local governments more voice in the.planning process. The matter was scheduled for a future study session. C -5. On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced.. RESOLUTION NO. 2221.1 a resolution increasing the 1971/72 Budget. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee . Mayor Schwartz NOES: None ABSENT: None C -6. The City Council approved the following contract. payments: C. Sanchez & Son, Inc. Est. #1 $4,119.54 So. Higuera St. Widening City Plan 22 -71 C. S. Construction Co. Street Resurfacing City Plan 26 -71 „ Est. #1 $35,527.00 West Coast Construction Est. #1 $.4,648.50 Boise Cascade Sewer City Plan 18 -71 City Council Minutes August 2, 1971 Page 2 C -7. The City Council approved the following change orders: C. S. Construction Co. C.O. #1 $1,190.51 Street Resurfacing City Plan 26 -71 C. S. Construction Co. C.O. #2 $ 178.00 Street Resurfacing City Plan 26 -71 C -9. The City.Council approved the.recommendation of the Planning Depart- ment that the completion date for the stone walls in Mission Plaza be extended to September 10, 1971 to allow the Park and Recreation Department and Youth Corps to complete the resurfacing of. Warden Bridge. C -10. The City Council received and filed a communication from the State Air Resources Board notifying the City Council of a hearing to be held in San Luis Obispo on August 9, 1971 regarding the use of open burning in public dumps. C -11. The City Council received the announcement of the quarterly meeting of the League of California Cities in Lompoc on August 20, 1971. C -12.. The City Council approved the request of the Director of Parks and Recreation to advertise for bids to prepare and paint the exterior of the Recreation Building. C -13. The City Council approved contract payment, Estimate No. 4, for Mission Plaza, Phase 11, for $32,769.00 to 0. K. Industries of Santa Barbara. On motion of Councilman Graham, seconded by Councilman Brown, Consent Items 1 through 7 and 9 through 13 were approved as indicated. Motion carried. C -8. The City Clerk reported the following bids were received for the Drainage Channel Lining and Culvert Replacement, City Plan 6 -71.. Bids were opened August 2, 1971 at 2:00 P. M. Walter Brothers Construction $52,004.69 San Luis Obispo 0. K. Industries $58,555.00 Santa Barbara Madonna Construction $64,827.00 San Luis Obispo W. G. Watkins $70,563.80 Paso Robles R. Burke Corp $74,694.30 San Luis Obispo Councilman Gurnee asked that the Council continue deliberation on the need for channelization of this creek and the method proposed by the City Engineer with right angle concrete block walls. He suggested that the City Engineer look into the possibility of amending the contract to use "Checker Block" construction for this channel. He stated that the suggested system would allow some of the run -off water to be absorbed and would al.so allow the growth of grasses through the checker pattern. 1 1 1 City Council Minutes August 2, 1971 Page 3 D. F. Romero, City Engineer, stated that he had never heard of this particular product and did not know of its capabilities but would be willing to look into it. Mayor Schwartz summarized possible Council action as: (1)accept the low bid of Walter Bros. Construction; (2) continue the awarding of the contract for two weeks and see if the contractor would amend his bid and use the "checker" system; (3) continue the consideration for two weeks and ask the City Engineer to present cost estimates on the suggested construction; (4) cancel all bids, re- engineer, and call for new bids on the new material. D. F. Romero, City Engineer, stated that he wished the Council to be aware that in order to use the "checker" system, the banks of the creek would have to be sloped and would make the creek wider necessitating the removal of many trees which would not be disturbed in the proposed concrete channel. By common consent of the Council, the matter was continued to August 9; 1971, and the City Engineer was requested to present a cost estimate for use of the "checker" system. Councilman Gurnee stated he still wished to go on record as opposing any concreting of drainage channels in the City including the "checker" system but he felt that this was the lesser of two evils if channelization were considered necessary. 1. On motion of Councilman Brown, seconded by Councilman Gurnee, James L. Webb was nominated to fill the vacancy on the Parks and Recreation Commission created by the resignation of Lewis Cryer, which would end June 30, 1975. Motion carried. 2. At this time the City Council considered the final passage of ORDINANCE NO. 527, an ordinance amending the official zoning map of the City of San ' Luis Obispo. (To rezone property located at 1400 Stafford Street from R -1 to PD R-H.) Mayor Schwartz declared the public hearing open. R. Young, Planning Director, reviewed for the City Council's information the recommendation of the Planning Commission. No one appeared for or against the rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Brown, the ordinance was introduced for final passage. ORDINANCE NO. 527, an ordinance amending the official zone.map of the City of San Luis Obispo. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 4. Communication from the Fraternal Order of Eagles requesting Council consideration of selling or leasing a portion of City -owned property on South Higuera Street adjacent to their lodge building. They wished to acquire the property to use. for needed parking when their new lodge building was constructed. D. F. Romero, City Engineer, presented a sketch of the location of the property and stated it was a 70' access from South. Higuera through to the. Gudel property, a portion of the City sewer plant property.. He continued that the property was only needed for access and that he had no objection to a short. term lease or permission to use the property but he did object to selling the property or to a long term lease as this was the only access to the rear parcel. City.Council Minutes August 2, 1971 Page 4 H. Johnson, City Attorney, explained the legal steps necessary for the City to lease this property which would be the advertisement and a public auction, etc. He continued that as this property was presently under lease and said lease would expire in 1971, it would then be available for the Eagles to bid for the lease, of this portion of the property, providing the Council was willing to make a segregation. On motion of Councilman Blake, seconded by Councilman Graham, the City Council instructed the City Clerk.to inform the Eagles Lodge that the property was presently leased but would be available for lease in December 1971 at which time they could bid to lease all or a portion of the property but that under no consideration would the property be con- sidered in the square footage required for parking for their new building. Motion carried with Councilman Gurnee voting no. 5. At this time the City Council continued discussion of the letter of resignation of Robert Newhart as Chairman and member of the Citizens' Advisory Committee. H. Johnson, City Attorney, stated that he had researched both State and Federal laws regarding conflict of interest and that it was his opinion that Mr. Newhart could not be employed by the City and continue to serve on the Citizens' Advisory Committee. He presented a section from HUD regulations which clearly stated that City employees should not be designated as members of such a committee. He therefore stated he felt a conflict of interest did exist and that Mr. Newhart must remove himself from membership on the Citizens' Advisory Committee. The City Clerk presented a letter from the members of the Citizens' Advisory Committee stating they hoped that the City Council would not require the resignation of Robert Newhart from the committee as the members felt he was doing an excellent job as Chairman and the loss would be detrimental to the workings of the committee. Robert Newhart appeared before the Council asking that they be aware of the fact that he was only a parttime employee of the City, did not receive the normal employee benefits and he did not see any conflict in his remaining on the Advisory Committee. H. Johnson stated he did not see any difference in whether Mr. Newhart was a full -or part -time employee as far as conflict of interest was concerned. Councilman Gurnee suggested that Mr. Newhart remain on the Committee but not vote on any matters involving HUD or Federal funds. Councilman Blake reminded the City Council that each Councilman and commission member must be very careful in the field of conflict of interest and in protecting the City in such matters. While he realized that Mr. Newhart was.doing an excellent job for the City, he felt that as long as he was employed by the City, he should resign from the Committee. On motion of Councilman Blake,-seconded by Councilman Brown, that the City Council accept the resignation of Robert Newhart but that the vacancy be left open at this time. Motion carried with Councilman Gurnee voting no. 6. Communication from Robert Newhart, Chairman of the Citizens' Advisory Committee, regarding compliance with the requirement of HUD for the appointment of a subcommittee on minority group housing and forwarding a list of suggested names for consideration for appointment to this subcommittee. The request was referred to the Council subcommittee of Councilmen Brown and Gurnee for recommendation as to size of the subcommittee, the qualifi- cations of members and the method of appointment. 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property located at 3290 Southwood Drive from C -N -S to PD R -2. 1 1 1 City Council Minutes August 2, 1971 Page 5 R. Young, Planning Director, presented the recommendations of the Planning Commission: 1. The subject property is zoned C -N -S. The property to the north is zoned PD R =2; property to the west is zoned R -0; property to the east is zoned C -N -S. There is an R -1 single family subdivision to the south. The applicant is requesting PD R -2 zoning in order to develop the property with 50 units. The plan proposes that there will be six lots fronting on Southwood Drive, each lot to-contain a•ifour -plex. The unit fronting onto Southwood Drive would be one story, in keeping with the R -1 development on the opposite side of the street. -The rear of the property is proposed to be developed with 26 townhouse units. Access to these units would be by way of a 40 ft. driveway entering from Southwood Drive. The parking spaces proposed meet the requirements of the Zoning Ordinance. The over -all density of the development is approximately 16 units per acre. The R -2 zone permits 16 units per acre. 2. The General Plan proposes medium /high density residential and neighbor- hood commercial for this general area. 3. The'Commission was of the opinion that the R -2 density was appropriate for the subject property and that the development would not be.detri- mental to adjoining properties and the surrounding neighborhood. The recommendations were made subject to the following conditions: 1. Developer shall process a subdivision map. 2. The creek bank is to be designed to a high esthetic standard. Said design to be approved by the City Engineer and Planning D.i' recto r.. 3. Existing eucalyptus trees shall be trimmed to remove hazard. Said trimming to be to the satisfaction of the Parks 8 Recreation ' Department. 4. Covenants shall be recorded providing for common use of the proposed alley. 5. Developer shall show sewer line and easement along westerly property line with no structures over the easement. 6-: A solid 6 ft. fence shall be constructed along the westerly property line. 7. A City standard hydrant with street valve on a 6" cast iron lateral shall be located on Southwood Drive adjacent to the East side of the driveway entrance. 8. One on -site City standard hydrant shall be located adjacent to the south side of the alley approximately 128 ft. east of the westerly property line. Said hydrant shall have water supply from an approved 6 inch main extending from_the existing main in Southwood Drive to a street valve.and a.Hersey F. M. meter. 9.. All hydrants shall be installed and fully operable before start of combustible construction. 10. Development shall be in accordance with the submitted site plan, subject to its revision to comply with all conditions established by the Commission. 11. Street trees shall be planted along Southwood Drive in accordance with the Street Tree Ordinance. 12. A detailed landscape plan showing plant materials and method of irrigation and play area shall be submitted to the Department of Planning and Building for review and approval. City Council Minutes August 2, 1971 Page 6 13. A precise plan shall be submitted within six months from the date of preliminary plan. 14. Construction shall commence within two years of date of approval of precise plan. 15. The driveway lanes. from Southwood Drive shall be reduced to 14 ft. and a 4 ft. walk shall be installed along the westerly edge of the driveway. 16. Developer shall resurface the access road to Johnson Avenue in accordance with the requirements of the City Engineer. 17. Developer shall provide a 20 ft. setback on Southwood Drive. Mayor Schwartz declared the public hearing open. Charles French, attorney for the developer, stated that the PD R -2 density being requested was much less than could be developed under the C -N -S classification. He felt that the development met the provisions of the General Plan with less density than actually was authorized by the General Plan. He also felt the proposal being made by the developer was something that the City would be proud of and would enhance the entire neighborhood. Don Stickler, developer, stated that he had prepared the development at a lower density than could be.placed in straight R -2 zoning but he felt th.at by giving up some density, he could make a nicer development for the people living in the area. He then presented figures on the traffic that would be generated on the PD R -2 in contrast with traffic under the C -N -S that the property was presently zoned. Dave Kelley, 1337 Oakwood Court, stated that he objected to this develop- ment primarily on the density allowed on this small parcel of land without any real amenities being liven to the community in the way of design or open space. He felt that high density would detrimentally affect the single family neighborhood of the area and while he agreed that adjacent areas had been rezoned to higher uses, he and his neighbors objected to this parcel by parcel rezoning to higher uses. He also questioned the use of the planned development on this particular parcel as he felt that the Planning Commission had not required or attempted to get good design in this development. He objected to the density and stated the City was not going to get better development, better design.and more amenities for the neighborhood. He urged the City Council to take no action on this rezoning until they had an opportunity to study the intent of the planned development ordinance. Larry Souza, 1319 Kentwood Drive, objected to this rezoning on the basis on the density and the increased traffic. Mrs. Larry Souza also objected to the rezoning due to the introduction of a high density development in this R -1 area with the attendant increase in automobile traffic, noise, etc. She felt it should be limited to an R -2 density. R. P. Sherman, 1374 Fernwood Drive, objected to the development on the basis of its proximity to the convalescent hospital and adjacent to R -1 development. He felt the density would increase traffic in the area and the type of tenants who might rent here would be younger students with a lot of cars. H. V. Blassingame, 1392 Kentwood Drive, objected to the rezoning due to the high density use of the land. S. Stinnett, 1388 Kentwood.Drive, asked the City Council to remember that this area was originally an R -1 zone and he hoped they would protect residents who were owners of single family dwellings in the area from constant rezoning to higher uses and higher density. City Council Minutes August 2, 1971 Page 7 Robert Barrows,, 870 Meinecke Street, agreed with.the.previous:speakers that the City Council should take into consideration the density be.ing.:* allowed in this and other planned developments. He felt the City Council and Planning Commission had allowed too many planned developments with little regard for open space and other.amenit;ies. II Valerie Endres, 1353 Fernwood Drive, objected to the planned development approved by the.Planning Commission as she felt the only real open:s,pace and.play area in the ,entire development would.be the paved pa'rking'a'rea and that if. this -planned development was intended .for 'fami.lies, there should be more area. left for..'play yards f,or young children and for the families in the development. R. Young, Planning Director, explained that this'was only the'preli'minary planned development for the area,and that the precise, plan must show the location and _areas of each pIay'yard. J. W. Tabb, 1232 Fernwood Drive, objected to the rezoning on the basis of increased traffic in the area and the fact that this traffic would be using residential streets for access to the other areas of the community. Charles-French, attorney for the developer; s applied for planned development status rather basis that the Planning Commission could then layout of the development. He added that the in the swimming pool as shown or use the area area depending on what the Council wanted for hated that the developer than straight R -2 on the work with the design and developer could either put for children's play the area. Don Stickler, developer, then showed the Council a plan for the development of the C -N -S zoning which existed at this time which included stores, a bank, apartments, etc. plus 200 parking spaces. He presented an estimated turn -over rate at a neighborhood shopping center of ten cars per space each ' day. If this property were developed as zoned, it would mean 2,000 cars per day would be coming and going at-the shopping center. He also stated he would be willing to do whatever the Council or Planning Commission suggested with the creek to protect it or cover it as they wished. He informed the Council that he did have an easement over the access road to the rear of the market to Johnson Avenue for use by his development. Mr. Stickler felt that R -2 zoning was a better use of the land, economically than R -1 and he felt that the density would be approximately the same as his adjacent apartment complex. Dave Kelley felt that the development of the convalescent hospital had changed the potential use of the property to a lower density than the commercial zoning in order to keep quiet developments near the hospital. W. G. Stinnett, 3674 Lawnwood Court, felt that when he and his neighbors bought property in the Southwood Area, they understood it would be of R -1 density with a small neighborhood shopping area for the convenience of the residents. Mayor Schwartz declared the public hearing closed. Councilman Brown felt the property would never develop into R -1 density. He felt that.R -2 development was a good use for the area but also felt a better design-for access was needed to handle the traffic. He.did not think a pool should be included in the development, rather, a play yard should be planned in order to protect children living in the area. Councilman Blake questioned how this proposal qualified as a planned development. R. Young, Planning Director, read the section of the Municipal Code dealing with the various categories of planned developments. Councilman Blake asked where were the new concepts of land development and the flexibility in the plan. City Council Minutes August 2, 1971 Page 8 R. Young, Planning Director, answered that these were not required in a Category I planned.development. Mayor Schwartz explained that the intent of the zoning ordinance'was that all planned developments would introduce new concepts and new design to off -set greater density. Councilman Graham objected to.the PD R -2 on this property as he felt that there was much R -1.in the area and it should be developed as R -1.. He felt the proposed development would not add anything to the area, there were no new planning concepts, no special design features and the only open space of any size was between the row housing and the parking lots, nothing else. He felt that the proposal was too high a .density for the area. Councilman Gurnee felt the property should be developed to a higher density than R -1 but also felt the density proposed was too high for the neighbor- hood.. He stated there were no amenities being included in the development for the residents. He also felt that adequate thought had not been given to the treatment of the creek through this property. ,ouncilman Graham felt the density should be cut back on the proposal with less units being allowed and more open space required. Mayor Schwartz asked what exceptional design features moved the Planning Commission to accept this proposal. R. Young, Planning Director, answered he did not feel the proposed development qualified under the category for planned developments which required exceptional design. Mayor Schwartz wondered what was the Planning Commission's reasoning in giving up C -N -S zoning for additional residential zoning. R. Young..stated this matter was not considered by the Planning Commission or his staff. Mayor Schwartz reviewed with the Planning Director what he felt the effect on the balance of the C -N -S would be if this development were approved. R. Young answered that if this PD R -2 zoning were approved, it would reduce the potential development of the neighborhood shopping center. Councilman Brown felt the Planning Commission and City Council had given up the.idea of. a neighborhood shopping center when they allowed the hospital to be constructed on a portion of the property. He felt a higher density was adequate for the development. Mayor Schwartz asked what was the reasoning behind.the approval of the "T" shaped parking lot. R. Young answered this was done to.control.traffic and access to the dwelling units. Mayor Schwartz felt the developer would be getting additional density with no outlay of better design in the development. He continued that the Council coul either (1) accept the Planning Commission's recommendation; (2) reject the recommendation;. (3). accept the zoning recommendation but refer the details of the planned development back to the Planning Commission for reconsideration as they.were unacceptable. Councilman Graham felt he would favor denying the existing plan and referring it back to the developer for a new plan based on a lower density. Councilman Brown stated the density was too high but he felt he could accept a density on the area of forty units which was half -way between R -1 and R -2 density. He also felt a new access should be.made to. the property. City Council Minutes August 2, 1971 Page 9 Councilman Gurnee agreed that the density was too high and not enough open space was allowed for the residents. He felt that a key treatment of the creek should be explored and felt the Planning Commission should consider a new design in the magnitude of forty units. R. Young, Planning Director, stated this development was based on area for R -2 density. On motion of Councilman Graham, seconded by Councilman Gurnee, that the City Council deny the PD R -2 zoning and refer it back to the Planning Commission to review density and to add amenities including a recreational area. Mayor.Schwartz stated that if the proposal was denied, the developer would come back with straight R -2 zoning for the area with a similar density. He further felt that if the Council agreed that R -2 was a reasonable density for the area, then the City Council should try to salvage this planned development with some modifications for open space,. tree treatment, etc. Councilman Graham felt that if the proposal was of good des.i,gn, the neighbor- hood would not be protesting its consideration. He wanted better amenities for the residents of the area in exchange for the higher density on the land. The motion carried on the following roll call vote: AYES: John.C: Brown, Myron Graham, T. Keith Gurnee NOES: Emmons Blake, Kenneth E. Schwartz ABSENT: None 3. Councilman-Graham suggested the City Council consider the adoption or enactment of a moratorium on future planned developments until the present City ordinance could be amended to clarify the intent of the City Council and guarantee proposals containing new concepts for development and the flexibility of planning with adequate safeguards for their control. He continued.that.he felt the ordinance should be amended to provide proper density, adequate open space and adequate recreational areas. He felt there had been too few controls on the planned developments accepted by the City Council. He .felt the Planning Department had been too lax and really did not enforce the ordinance as he interpreted it. He then listed for the Council's information some of the deficiencies allowed in prior planned developments in the City. He felt he would consider allowing greater density if more open space was also left in the development and he urged his fellow Councilmen to place a moratorium on planned developments until the ordinance was revised. Councilman Brown felt the Planned Development Ordinance was adequate as written but felt the problem was one of interpretation by the Planning staff, Planning Commission and City Council. He agreed that the City Council should tighten up on the conditions for planned developments. Councilman Blake felt the answer might not be in placing a moratorium on planned developments but in requiring that a strict interpretation of the Planned Development Ordinance be made by the Planning staff, Planning Commission and City Council. He felt the Planning Director should be required to follow'the. ordinance as written. The City Council then discussed the provisions of the Planned Development Ordinance and-the consensus was that the key to proper development was in the interpretation of Section 9200.18.1, paragraph A and should be used by the staff for guidance. Mayor Schwartz then read that paragraph: Section 9200.18.1 PLANNED DEVELOPMENT DISTRICTS A. INTENT: The Planned Development procedure is intended to permit and encourage the City Council Minutes August 2, 1971 . . Page 10 use of new concepts of land development and flexibility of planning with appropriate safeguards and controls, by allowing: 1. Rezoning for a specific use or uses subject to a time schedule, where a permanent change in the zoning designation would.not be appropriate: to avoid excessive areas of undeveloped land in particular zones and to minimize the rezoning of land for speculative purposes. 2. .A mixture of compatible uses meeting the principles of the General , Plan. 3. Variations from the standards specified elsewhere in this Ordinance, based on Section 9100.4, Optional Design and Improvement Standards; with further relaxation of lot sizes, yards and density requirements, when in the opinion of the Planning.Commission and approval of the City Council,.the proposed development will enhance the'area in which it is proposed; by exceptional design and arrangement of buildings, provision of open space and recreational facilities and landscaping, and the protection of the welfare and privacy of. adjoining properties. 4. Condominium developments. Mayor Schwartz continued that as a member of the Planning Commission when this particular section.was adopted, it was the intention of the Planning Commission that the preamble of intent be included in all considerations for planned developments. The Planned Development discussion was continued until the City Council and Planning Commission could meet for an in -depth study of the matter. 8. At this time the.City Council considered a progress report on code compliance at.the Anderson Hotel. Councilman Blake stated that on July 1, 1971, after receiving reports from P the Fire Marshal and the Chief Building Inspector that the Anderson. Hotel management was not complying with the requests of the City of San Luis Obispo to bring the building up to code standards, the City Council took action to give the Anderson Hotel owners a thirty day period to comply or the City Council would take action to vacate..the hotel.building. The Council took this action based on the information received and the danger existing to the.tenants of the building and whatever liability the City might be assuming by allowing the violations to go uncorrected.. Don Kaye, Fire Marshal, presented a list of fire hazards and deviations still existing as of August 2, 1971 when an inspection was made on that property. R. Young, Director of Planning and Building, presented a report on the non - compliance of violations to the Building Code as of August 2, 1971,. and also presented a special inspection report dated July 27, 1971. The City Council discussed the status of the items still in violation with the personnel involved.. Ralph Hogan, maintenance supervisor for the Anderson Hotel, stated that the management of the hotel was moving ahead with the corrections requested by the City and that if a thirty day extension'were granted for compliance, he felt all items presently deficient could be completed. He also wished the City Council to know that much progress had been accomplished to.date. Councilman Blake was opposed to a further extension of time for compliance by the owners of the hotel. He statedhis main worry was for the safety of the people who were living in the hotel building. He further felt that the City was derelict in not pushing ahead for compliance or denying the use of the building, as this matter had been under discussion for over a year. He suggested that the City Council.take action to require the Anderson Hotel not to accept further guests after August 3, 1971 until all code provisions had been met. City Council Minutes August 2, 1971 Page 11 H. Johnson, City Attorney, explained the legal steps for closing the building. He pointed out that there would be no effective way to enforce an order to the hotel to refrain from taking new guests. If the Council was seriously concerned about the safety of the occupants, the proper course for the City would be the application for an injunction to discontinue the hotel operation and this would require the City to go through the necessary legal steps to obtain the order.' The alternative was for the City to-go along with some agreed upon schedule for improvements and hope that they would be made despite the delays experienced to date. Mr. Lindgran, representative of a group which was in the process of purchasing the hotel and hoped to gain possession by October 1, 1971, stated their plan was to convert the hotel to sixty -eight senior citizen housing units with a portion of the units to be rented to the City Housing Authority. He stated that all the building would be converted to apartments except the ground floor which would continue in its present business uses. He stated that his group was planning to spend over $400,000 to remodel and correct all violations of which they had knowledge. He was informing the Council of this so they would know of the future plans for the building. He stated his group did not wish to become involved in the present controversy although when they took over the building, the required rennovation would make it necessary for all tenants to leave and. the building would be empty during the remodelling. He stated that there was a problem involved for which he would come to the Council at a later date and that was that a residential use in a commercial zone must provide off-street parking for its residents. There was no parking available near the hotel and they had hoped parking could be put in the basement which had room for 15 cars, but their structural engineer felt that the remodelling of the basement might hurt the basic structure of the building. He stated that he would discuss this matter with the Planning Commission and City Council when the engineering studies had been completed. Councilman Blake felt that when the City of San Luis Obispo recognized the ' violations in the Anderson Hotel, some responsibility for the safety of the tenants was assumed. He continued that nothing he had heard this evening from the representatives of the hotel had changed his mind about closing the building and getting the tenants out. Don Kaye, Fire Marshal, stated that actually no portion of the building above the ground floor was in compliance with the codes or was safe for occupancy. Councilman Graham suggested the City grant a fourteen (14) day extension to the.hotel to comply with the code provisions. Councilman Gurnee felt that possibly the threat of closure might force the management of the hotel to comply with the code. H. Johnson, City Attorney, then explained the proceedings to begin closure of the hotel as follows: A complain for an injunction, alleging the. violations of applicable provisions of the Uniform Building Code and Uniform Fire Code which are a hazard to the life and limb of the occupants, would be filed with the Court. Based on past practice, the Court would probably issue an order to show cause to the defendants requiring them to establish to the satisfaction of the Court justification for not vacating the premises above the ground floor. Mayor Schwartz stated he felt the problem was quite serious for the safety ' of the tenants. He, too, felt that fire protection must be installed to protect the tenants. He suggested that possibly the City Council could grant a ten -day extension to the operators of the hotel to bring the basement and first floor to safety. If these floors were done, then grant an additional ten days for the second floor and as each additional floor was completed, continue with the next until the entire building was in compliance with the code. Don Kaye, Fire Marshal, stated that on a floor to floor basis there would be no additional protection until the entire building was completed.. _J City Council Minutes August 2, 1971 Page 12 Councilman Blake objected to the Mayor's suggestion as he felt that the City was just delaying an inevitable action 'as work 'was . not being'done on this hotel and no real attempt had been made to get the work done in the past two years. He wondered what could be expected in ten days. On motion of Councilman Blake, seconded by Councilman Gurnee, that the City Council instruct the City Attorney to initiate proceedings to close the Anderson Hotel above the ground floor on the grounds that it is an unsafe building which is dangerous to the safety and welfare of the occupants. Motion carried on the following roll call vote: AYES: Emmons Blake, John C. Brown, T. Keith Gurnee, Kenneth E. Schwartz NOES: Myron Graham ABSENT: None 9. D. F. Romero, City Engineer, asked the City Council to consider the abandonment of an existing sewer easement over a portion of Lot 7, Block 3 of the.Gold Tree Vineyard Tract and acceptance of a new easement on a portion of Lot 8, Block 3, in order to accommodate a small subdivision on the property. On motion of Councilman Graham..seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2222, a resolution conditionally abandoning an existing . sewer easement and accepting a new easement in lieu thereof. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 10. At this time the City Council considered the final acceptance of TRACT No. 375, Sherwood Terrace. D. F. Romero, City Engineer, stated that the work had been accomplished in accordance, with the construction plans. and that he recommended the acceptance of the tract. He also presented for the Council's consideration an instrument of credit which would guarantee the future installation of sewer and.water service, curbs, gutters and sidewalks on lots facing on Johnson Avenue,.tree planting on all lots and replacement of four water meter box lids. On motion of Councilman Blake, seconed by Councilman Brown, the .following resolution was introduced. RESOLUTION NO. 2220, a resolution accepting the off -site improvements in Tract No. 375, Sherwood Terrace. Passed and adopted on the following roll call vote: AYES:. Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 11. Council consideration of TRACT No, 408 was continued to August 16, 1971. 1 I' L City Council Minutes August 2, 1971 Page 13 12. D. F. Romero, City Engineer, reported to the City Council on the cost of acquiring the property from Henrietta Peterson on Johnson Avenue west of Pacific Street and the cost of placing the necessary improvements for street widening. He estimated the cost of improvements (curb, gutter, sidewalk, trees, etc.) at $7,700 and the value of the land would be $1,375. He felt that this would be a good acquisition by the City as it tied into the adjacent street widening property acquired by the City from Ready Realty. ' Mrs. Anthony Schneider, 1356 Marsh Street, objected to the proposed removal of the trees on the Peterson property as well as the removal of the trees on the Ready Realty property. She felt that as these trees were over fifty years old they should be maintained as they appeared to be•in excellent.. condition. She informed the City Council that the original use permit granted to Ready Realty by the Planning.Commission was - conditioned that the street trees would remain and would be maintained and that the.curb, . gutter and sidewalk on Johnson Avenue would be repaired. These conditions of the use permit had not been complied with and since that time Ready Realty had negotiated with the City Engineer to have the trees removed, the street widened and the required improvements placed at City expense. She suggested that if the City needed additional traffic lanes on this street that they red zone the north side between.Marsh aid - Pacific and not widen the street. She also suggested that possibly the City could eliminate parking on the south side of the street near Safeway which would facilitate the movement of traffic. D. F. Romero, City Engineer, stated that the plans and specifications for the Ready property were now ready and could go to the City Council in two weeks for approval. If the Council accepted the Peterson offer, he could include the entire block in the project. R. D. Miller, Administrative Officer, asked if the Peterson property was needed at this time and why.when the argument for acquiring the Ready property was that a right hand turning pocket was needed for those turning onto Marsh Street. Councilman Graham did not feel that the City needed the property at this time for street widening without holding the usual hearing for adoption of a plan. Councilman Gurnee was opposed to the acquisition of_. the . property and the removal of the trees just to save a few minutes for motorists who wished to turn onto Marsh Street: On motion of Councilman Blake; seconded by Councilman Brown, that the City accept the offer of Miss Peterson and acquire the property on Johnson Avenue with the work to be done in conjunction with.the widening on the Ready property. The motion lost on the following roll call vote: AYES: Emmons Blake, John C. Brown NOES: 1 Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz. ABSENT: None ' 13. Communication from the Promotional Coordinating Committee recommending that $250 be granted to Summer Productions, a youth activity of the San Luis Obispo Little Theatre. On motion of Councilman Graham, seconded by Councilman Gurnee, the grant was authorized. Motion carried. City Council Minutes August 2, 1971 Page 14 14. Communication from the Promotional Coordinating Committee recommending that the City Council release funds *which were budgeted for the San-Luis Obispo County Band. On motion of Mayor Schwartz, seconded by Councilman Graham, the funds were to be released to the San Luis Obispo County Band. Motion carried.- 15. Discussion of the contract with Woods Animal Shelter was continued. 16. Communication from the City of Santa Cruz urging support by the City Council of a resolution calling for election of members of the County Board of Supervisors at large in counties of a certain size and type. , On motion of Councilman Graham, seconded by Councilman Gurnee, the following resolution was introduced. RESOLUTION NO.-2223; a resolution supporting election of members to the County Board of Supervisors at large in counties of a certain size and type. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T: Keith' Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 17. D. F. Romero, City Engineer, presented for the Council's consider- ation, plans and specifications for drainage channel improvements at Foothill Boulevard and South Tassajara Drive. He explained the scope of- the work to be accomplished under to contract and stated the estimated cost would be $3,500.00. On motion of Councilman Blake, seconded by Councilman Brown, the plans and specifications were approved and the City Clerk was authorized,to call for bids. Motion carried. 18. John Ross, architect for Sebastian's Restaurant, requested a waiver from the code requirement that would not permit openings in exterior walls for buildings for commercial use, less than five feet from the property line. Openings in walls are permitted in walls facing streets, yards and public ways. He stated the plan for the restaurant called for five windows on.the.west elevation of the building to permit patrons to view the Old Mission, San Luis Creek and Mission Plaza. He stated that the distance to the property line on the west side varied from two feet on the southerly end to approximately seven feet on the northerly end. Mr. Ross requested that the City Council grant permission to allow these openings, conditioned that the area west of the building remain as open space. R. Young, Planning and Building Director, stated his department had no objection to the Council granting this exception as he felt it met the intent of the open space requirement. On motion of Councilman Blake, seconded by Councilman Graham, that the Building Department be directed to waive the code requirement and allow the openings in the exterior wall on the west side. Motion carried. 19. On motion of Councilman Blake, seconded by Councilman Graham, the law suit filed against the City by Charles M. Baker and William E. Baker appealing. the decision of the City Council to uphold the fire protection devices required by the Fire Department in "Valencia" student housing development, was referred to the City Attorney for action. Motion carried. 1 r 1 1 1 1 City Council Minutes August 2, 1971 Page 15 20. A claim against the City by Paul A. Castiglioni for alleged false arrest was denied and referred to-.the insurance carrier on the motion of Councilman Graham, seconded by Councilman Blake. Motion carried. 21. A claim against the City by W. D. Whitaker for damage to his pickup truck which was hit by a City fire truck was denied and referred to the insurance carrier on motion of Councilman Blake, seconded by Councilman.... Gurnee. Motion carried. 22. Memorandum from Ron Young, Planning Director, notifying the City Council that Mrs. Joan Buckley, a member of the Citizens' Advisory Committee, had offered to work as an intern in the Planning Department for z day during the summer months at no cost to the City. Mr. Young stated he had accepted this offer and she was presently working each day 8:00 A. M. to 12:00 Noon and was gathering and compiling statistical data for the Planning Department. He stated that if the City Council had no objections, she would continue to work on this schedule. The City Council approved the arrangement. 23. The City Council received a communication from the Police Officers' Association relating their feelings on the Council action regarding salary and other benefits granted to the police officers for 1971/72. Discussion was continued. 24. On motion of Councilman Blake, seconded by Councilman Graham, Council - hian T. Keith Gurnee was authorized to .represent the City Council of the City of San Luis Obispo on "open space" before the County Board of Super- visors and the County Planning Commission. Motion carried with Mayor Schwartz abstaining. 25. D. F. 'Romero, City.Engineer, explained that the State Division of Highways would conduct hearings in the fall to consider the possible deletion of Route 227, Broad Street, from the highways and expressways system, between U.S. 101 in Arroyo Grande and 101 in San Luis Obispo. He presented this information for Council consideration prior to the actual hearing date. 26. On motion of Mayor Schwartz, seconded by Councilman Gurnee, the City Clerk was asked to write the members of the Senate Committee on Revenue and Taxation urging them to reconsider Assembly Bill 1617 (Tippler's Tax) which would allow cities to secure some much - needed revenue. Motion carried. 27. On motion of Councilman Blake, seconded by Councilman Graham, the meeting adjourned to 8:00 A. M., Monday, August 9, 1971, at the Silent Woman Restaurant for a meeting with Assemblyman William Ketchum. Motion carried, meeting adjourned. APPROVED: September 7, 1971 J TRICK, CITY CLERK