HomeMy WebLinkAbout10/04/1977M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 4, 1977 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
PRESENT: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
ABSENT: None (One Vacancy)
City Staff
PRESENT: J.H. Fitzpatrick, City.Clerk; R.D. Miller, Administrative
Officer; Allen Grimes, City Attorney; Dan Smith,- Senior
Planner; Terry Sanville;'Planning Associate; D.F. Romero,'_
omero ,'
Director of Public Services; Richard Minor, Fire Chief;
Wayne Peterson, City Engineer; Don Englert, Police Captain
1. The City Council held a public hearing on the appeal of.Peter J. Lilla
from a decision of the Planning Commission in granting a use permit (No. U -0623)
on the condition that 10 parking spaces be provided at 1012 Pacific Street.
Dan Smith presented the Planning Commission's recommendation which was to uphold
a Planning Commission requirement to deny.the appeal. The applicant was appealing
the Planning Commission's decision to require five additional parking spaces or
a total of 10 spaces. He continued that the applicant submitted a project con -
sisting of 7,000 sq.. ft. office building provided with five on =site parking spaces.
The Architectural Review Commission granted schematic approval on August 11, 1975.
On February 9, 1976, the Environmental Review Committee required that a focused
EIR be prepared to address the parking deficiency of the project and its effect on
'
the' downtown area.
The ERC decision was appealed to the Planning Commission on the grounds that the
project was in the C -2 zone which did not require parking for office buildings.
The Planning Commission granted the appeal and authorized staff to file a negative
declaration on the project.
In June, 1976, the project received preliminary approval from the A.R.0 There was
no activity on the project apparent to the-city again until June 6, 1977 (one full
year) when the applicant applied for and received a six month extension from the
A.R.C. On or about June, 1977, the applicant submitted construction drawings for
Building Department plan check.
On June 17, 1977, the Zoning,-.Ordinance revision became effective requiring
offices on-the ground floor in the C -R zone to obtain a use permit. The appli-
cant was advised and made application. `The use permit staff report recommended
that the project not be approved unless parking were provided on the site at a
ratio of one space per 300 sq.-ft. of floor area. The applicant contested this
at the Planning Commission hearing using the same argument that parking was not
required-in the C -R zone. The Planning Commission compromised and required that
the applicant provide five additional spaces or a total of.10. The condition was
appealed.
Dan Smith continued that the applicant had proceeded in good faith and that no
parking was required. 'However, he -did not obtain a building permit prior to the
effective date of the Zoning Ordinance revision and the Planning Commission was
operating within their legal.right.to- require additional parking as-a -part of a
use permit approval even though none was specified in the Zoning Ordinance.
The Planning Commission required the additional parking because:
1) The parking deficiency of the project was so significant (18 parking spaces
short of what should be provided). -
2) Pacific Street in the vicinity of the project was currently at capacity with
curb -side parking during the day.
3) Other offices in the vicinity of the project had provided a reasonable
amount of on -site parking.
4) The project was located in an area designated for professional offices in
CITY COUNCIL MINUTES
OCTOBER 4, -1977
PAGE 2
the General Plan where on -site parking should be provided on a site by site
basis.
The applicant's contention that no parking was required in the.0 -R zone was
incorrect. Although there was not a specified amount of parking in -the zone
charts, parking was a requirement that might be imposed as a part of the use permit
approval.. Despite previous design approvals by the A.R.C. and.a negative declar-
ation of environmental impact, the project proposal became subject to the issuance
of a use permit upon the effective date of the revised Zoning Ordinance. Without
a building permit the applicant had no vested right under prior ordinances.
From a land use standpoint there was no question that five parking spaces fell
far short of what would be needed for 7,000 sq. ft. of office space. Permitting
the project with a significant parking.deficiency would aggravate an existing
shortage and generate more.traffic congestion resulting from people searching for
non- existent curb -side spaces. i.
The staff recommended that the City Council-deny the appeal and require the
applicant to provide ten parking spaces on.site.
Mayor Schwartz declared the public hearing open.
Mr. Douglas Hilton, attorney-for Peter J..Lilla-, appeared before the City
Council.stating that the C -R zoning did not require parking and the applicant
had previously been informed on numerous occasions by.city..employees that
parking spaces would not be required on this project. The.applicant-purchased
the property and obtained financing and reliance on the zoning.information of
the city staff that his building plans,.which provided for five spaces, - :would
be acceptable.
Further, he stated that the property owner's.project -was subsequently turned
down after.the original 1976.applicant due to financial commitments and that
he was now ready to proceed with the project. The parking requirement had now
become a stumbling block because the proposed PO zoning.for this parcel would
require on -site parking. He felt that.the five off - street parking spaces shown
on the applicant's plans should be sufficient to meet the parking requirements
since the plans had been initiated under. a previous zoning regulation. He con -
cuded that the key point in the issue was that the City of San Luis-Obispo had
been aware of the Lilla plans and in fairness to a citizen that once_ a project
had gotten under way under one set of rules, he should be allowed to.proceed under
those rules without making major changes, as Mr. Lilla was not aware that the
zoning ordinance would change, making his project unfeasible. He felt that by
enforcing -new regulations on a property owner, it was like.sandbagging.him•to
do something that was not planned for originally. He asked that the.Council,
in this instance, overrule the Planning Commission and accept the project with
five parking spaces..
Mayor Schwartz declared.the public hearing closed.
The City Council then discussed the problem.with the city staff.
D.F. Romero stated that as a member of the ERC, it was -the.feeling that the
cumulative effect of not requiring parking in the downtown area would have an
adverse effect on the environment, therefore, the Committee consistently- ..required
either parking -or an environmental study to justify that parking was not needed.
He, personally, did not believe there was any question that the applicant would
have to provide parking with his development. He felt there should be no credibility
problem as far as the staff were concerned. He also stated that -he, personally,
did not like the open -ended nature ofttbe parking requirements for certain uses
in the CR zone under the new refined zoning ordinance. .,He stated in this case
the requirement of the Planning Commission was a compromise and would appear
quite reasonable in view of the parking problems in the area. 'He personally
concurred with the Planning Commission and staff recommendation.
Councilman Petterson stated that this action might be unfair.to the applicant
if he had really been mislead but he felt that_the City Council should start
supporting the Planning Commission's attempt to provide parking in the downtown
San Luis Obispo.
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 3
Councilman Jorgensen agreed with Councilman Petterson's statement and he felt
that the Planning Commission's requirement was a compromise to require only ten
spaces. He felt sorry that the property owner was involved during a period of
regulations changes but he felt that the City Council should support the Planning
Commission's action.
Councilman Dunin stated he would support the Planning Commission's action. He
stated he felt no city guilt in changing rules. He felt the applicant should
have proceeded with his development when he started a year ago.
Mayor Schwartz stated he, too, would support the action of the Planning Commission
and he felt sorry for any possible misunderstandings involved between the property
owner, developer and city staff.
On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the
City Council deny the appeal and uphold the recommendation of the Planning Commission
with city staff directed to prepare a resolution for the next Council meeting denying
the appeal. Motion carried, all ayes.
2. The City Council held a hearing on the appeal by Richard Rossi from a
decision of the Planning Commission to require a focused environmental impact
report for a project to enclose the patio and enlarge the parking area for the
1865 Restaurant located at 1865 Monterey Street.
Dan Smith reported on behalf of the Planning Commission that the Binkele Properties
submitted a use permit application to expand the facilities at 1865 Restaurant by
enclosing the rear patio to add to the restaurant seating capacity and to add
parking spaces in the parking lot.
The project required an environmental impact determination. After review of
the initial study, the Environmental Review Committee determined there might be
significant adverse environmental effects with the project and took action to
require a focused EIR. The applicant then appealed the ERC action to the
Planning Commission.
' The Planning Commission, after a public hearing, took action to reject the
appeal and uphold the decision of the ERC, requiring a focused EIR. The appli-
cant was now appealing the Planning Commission's action.
The initial study showed that the project might have had significant impacts
with noise and parking and circulation (see initial study). The ERC required
an EIR focusing on these two areas to. suggest appropriate mitigation measures.
The mitigation measures could be incorporated into.the project as conditions
of approval or part of the project design. The ERC also determined the project
might be controversial due to the many complaints the city had received concern-
ing the operation of the restaurant since it went into operation. The focused
EIR would allow public input and comment on the proposed project. It would also
permit the city to retain a qualified noise consultant to evaluate the applicant's
proposal.
Dan Smith reported that the staff agreed with the ERC and Planning Commission's
action and recommended that the City Council reject the appeal, uphold the
decision of the Planning Commission, requiring a focused EIR to fully assess
possible significant adverse effects of the project. The focused EIR should
evaluate parking and circulation and noise impacts and suggest mitigation measures.
Mayor Schwartz declared the public hearing open.
Richard Rossi, attorney for Binkele Properties, appeared before the City Council
on behalf of his appeal. He stated the purpose of enclosing the patio was designed
to mitigate any noise problem that might exist at the restaurant. An acoustical
engineer had studied the design of the restaurant and assured the principals that
unwanted sound would not emanate from the restaurant bar if he designed the
enclosure. The owner of 1865 had indicated willingness to condition the use
permit on the employment of this expert and guarantee that the sound situation
would be abated after enclosure. The possibility of an adverse environmental
impact therefore did not exist if the permit were issued - quite the opposite.
In regard to the parking needs of 1865, the staff of the community development
department should be able to ascertain the parking needs without the owners of
the restaurant having to spend thousands of dollars on such a study. In fact,
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 4
the city had guidelines which dictated. the number of- spaces that were required
for facilities such as 1865. He also.stated that the design.had been studied
by the Department of Community Development at the time of the original construc-
tion and the issuance of the use permit and this parking was allowed. Again,
review of the circulation could be accomplished by the city staff if the City
Council felt it.was necessary. Further, he stated that in covering the patio,
this would allow for. change in location of the present bar to allow additional
seating for dining and that by moving the bar area to the patio, it would elimin-
ate the number of people in the bar during.the dinner.hour, therefore.would result
in less parking, circulation and congestion.' He- stated that the Binkel "e-
Properties felt that these problems could be corrected without an EIR and asked
that the City Council issue the use permit.
Mr. Rossi stated that while it was true that a'certain amount.- of,noise emanated
from the premises by bands that entertained, he said it was very difficult for
the management to keep the music down because the band members liked to play their
music loud and there was no way it could be controlled.
Richard Harris, attorney representing Dr. Werbel, stated simply that the owners
of 1865 Restaurant had never complied with.the original conditions of the first
use permit. He said that since that time, the Council had held several.public
hearings dealing with the revocation of the use permit, the property owners had
promised.to comply., and nothing had been done. _He felt that his clients had
been annoyed by noise and other nuisances and he hoped..that the Council would
not rely on the property owners' promises or those of :his- attorne
y, as they never
had been complied with in the past. He felt that the property owner had never
attempted to cooperate with the city or its neighbors. He stated that no matter
what nuisances occurred, the city just did nothing about them. He felt the
City Council.should consider revoking the. original use permit until a full focused
EIR was submitted on.this project and also.suggested that the City Council look
to their rules and regulations -and found some way of enforcing_conditions -on use
permits.
Mayor Schwartz declared the public hearing closed.
Councilman Dunin stated he could not support the appeal.of the Binkele Properties,
primarily on the statement that the management could not -control the noise of the
people they hired to entertain in their establishment.
Councilman Petterson stated he,.too; would support the.Planning Commission's
action and-deny the appeal as he felt.only a focused EIR.would bring.out the
problems and ways of mitigating such.problems.
Councilman Jorgensen stated he would also support the.Planning Commission's
action as he felt that the property owner should comply with the city's condition
.of the original use permit first and then additional use permits could be issued
with other conditions. He felt the adjacent property owners should be considered
when these permits were issued and some enforcement undertaken. He felt that after
the.focused.EIR.was-completed, strong conditions should be placed on the use
permit. If this could be done, he could support the appeal.
Mayor Schwartz stated that,.based on the history of 1865 Restaurant non compliance
with all-city rules, he would support the.Planning.Commission's recommendation for
a focused EIR.
On motion of Councilman - Petterson, seconded by Mayor .Schwartz,'that• the City
Council deny-.the appeal and staff be directed .to.write.an.appropriate resolution
for denial. Motion carried, Councilman. Jorgensen voting no. ,
3. The City Council held a public hearing.to hear the appeals of.any act
or determination of the Fire Chief in connection with the current weed abatement
program for the prior year ending September 15, 1977.
J.H. Fitzpatrick reported to.the.City Council that no written protests'-or object-
ions to the 1977 weed abatement program.had been received to this time.
Mayor Schwartz declared the.public hearing open. No one appeared before the
City Council on the current-weed abatement program. Mayor Schwartz declared
the public hearing closed.
CITY COUNCIL MINUTES
OCTOBER 49 1977
PAGE 5
On motion of Mayor. Schwartz, seconded by Councilman Petterson, the matter of
appeal was received and filed. Motion carried.
4. The City.Council held a public.hearing on the recommendation of the
Planning Commission to rezone property at 1301 Laguna Lake from R -1, low density
residential, to PD R -1, planned development low density resi_dential,.to construct
78 two and three single family units on individual lots.
Dan Smith reviewed the site area and summary of the application and stated
that the Planning Commission.recommended that the City Council approve.the
rezoning from-R-1-to PD=R -1 and also.approve the preliminary development
plan to construct the 78 two and three bedroom single family'homes•on indi-
vidual lots in the tract. He stated that the applicant was requesting appro-
val for planned development R -1 rezoning based on project plans as set forth
in-the development plan booklet and plans....This included a.preli_minary sub-
division plan for which a tentative tract map would be submitted at a later
date. He summarized the project as follows.
The project was well designed and had the.potential to provide-moderate priced
housing which offered the privacy of individual yards and individual home
identity along with the economy of smaller.lots, common facilities and common
wall construction. Staff felt.that the density credit /incentive was deserved
by virtue of the design quality but felt that it was generous enough to be
passed on in part.to the home buyer in lower housing costs. It was.recognized
that the incentives were.reflected in part in design services.
The Planning -Commission did not feel the. -project was incompatible with the
single - .family detached character of the area. Staff felt that it was.substan-
tially consistent with the general plan-designation low- density housing for the
property.
The project was characterized by sensitive site planning and grading and high
' quality architectural design. Building architecture was accomplished as an
integral part of the subdivision design.which maximized the harmony between
building placement, lot layout and the natural features of the land.
The ERC determined the project would not.-have a significant adverse effect on
the environment and issued a negative declaration.
In approving and recommending the rezoning by the City Council, the Planning
Commission recommended that the following plan modifications be made:
1) The bike path as proposed be eliminated to avoid bicycle pedestrian conflict,
city maintenance cost.and duplication of existing bike way in Los Osos Valley.
2) Property.in front of screen wall along Los Osos Valley Road not be.accepted
by the city for dedication and ownership be by the Homeowner's'Association
as well as maintenance responsibility.
3) Access to Prefumo Creek channel be by way of an access road connecting
to Los Osos Valley Road.and not by.access through the mini -park as proposed
by the Public Services Department. The access road should not_have a
curb cut /driveway ramp to discourage unauthorized use.
.4) Building setbacks on public streets should be.a minimum of 10 -feet and
where garages face a public street the setback should be 20 -feet.
5) -The grove of eucalyptus trees on site should be removed per the recommendation
of the Tree Committee. As part of landscape plan.approval, a substantial
number of trees, - acceptable to the Tree Committee, should be included to
replace the eucalyptus trees.
6) The mini -park should be landscaped.and developed to-the approval of the
Director of Parks. Mini -park dedication_and.development would receive partial
credit for subdivision park standard requirements as determined by the City
Council.
Finally, the Planning Commission and staff recommended the Council pass to print
an ordinance changing the zoning from the property from R -1 to PD R -1 based on
the project plan and conditions specified in the Planning Commission resolution
recommending approval of the rezoning and preliminary development plan.
CITY COUNCIL MINUTES
OCTOBER 4, 1977.
PAGE 6
D.F. Romero asked that the conditions placed by the Planning Commission be amended
as follows:
1) The developer should be permitted "to take all material as he chooses from
the lake arm, since any material_he removed would result'in a city savings
in a future project which the city might conduct in developing.or improving
this lake arm.
2) Conditions 10 and 17 would appear to restrict the Public Services Department
in conducting adequate maintenance operations.for.the Prefumo channel. There
would be times when the city simply.would not be.able.-to conduct all of its
earth moving operations from the south side of the channel leading directly
to Los Osos Road. This would result in the necessity of public works vehicles
driving through the proposed mini-park improvements in order to preserve the
channel and protect property along the lake. I believe the city was much
better.served by allowing for a service road through the mini -park which would
be available as necessary without causing undue damage to the improvements.
3) Item 17 called for mini -park improvements to the approval of the director of
parks. This should be rewritten to call for approval of the Director of
Parks and Recreation and.the Building.and Parks Maintenance Superintendent
since each will have a primary interest in.the proposed development.
Mayor Schwartz declared.the' public hearing open
Jay
Whisenant, representing the developers Merriam, Deasey & Whiseriat, reviewed
in
detail the proposed development under the planned development rezoning being
recommended by the Planning Commission. He summarized the project as follows:
A)
The-.development would create 78 "lots ranging in area from 2,000 to 5,000
square feet.
B)
Five lots,.lots 79 through 83 would be held in common by Homeowner's .
Association. "These lots would contain private access driveways and common
frontage yard areas for all the units to be constructed.
C).
The developers would dedicate 3.66 acres of the Prefumo Creek channel to
D)
the city for open space and creek maintenance.
The developers would dedicate to the city.and the improvements for a .25
acre mini -park next to the creek channel.
E)
The developers would dedicate and improve a public street (Vista del Lago)
to connect to Laguna Laguna Lane and Tract 465.
F)
The tract proposed 78 single - family attached and detached units.
G)
The portion of the creek channel would be graded between elevations of 118
and 126.(which is the spillway elevation and-high water mark for the lake).
H)
There would be a removal of some.willow tree vegetation associated with
grading.
I)
The developers would develop a screen wall along Los Osos Valley Road.
J)
The developer planned to dedicate.a bike path on the inside of the sidewalk
along Los Osos Valley Road. and dedicating additional right -of -way in front
of the wall.
The.project was proposed in two phases. The first phase would include all
public improvements and dedications. Phasing would relate to the construction
of housing units only. The subdivision of the land would occur in one phase as
part of a single tentative tract map..
The applicant was requesting a'dwelling unit density credit'for' the dedication
of Prefumo Creek-channel (calculation of net developable.land included creek
which was recently zoned.A /C 40 as a part of general plan consistency rezoning).
In addition, the applicant was requesting 25 %:density incentive for superior
design as a part of a planned development rezoning.
It was the.intent of the developer to.provide an. improved living environment
and moderately priced housing for the.citizens of San.Luis Obispo. .
Don Cross, 1217 Mariners Cove, stated he was opposed to the proposal on the
basis of traffic and also the increased.density on each lot as the developer
was asking.for 9 units per acre which he felt was excessive density.
A.S. Hawthorne, 1750 Prefumo..Canyon Road', was opposed to.the proposal, felt it
was too high a density for the area and felt the impact on public services was
too high to pay for the density being.granted. He felt the public should get
more from the developer for granting this higher density and increase future
costs to the taxpayers and profit to the developer.
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 7
R.L. Burkette,'1304 Oceanaire.Drive, was opposed to approval of this development.
He was opposed to.the high density on.the,same road that served the junior high
school. Also, that road would serve the adjacent tract of single family residents.
He stated he-..was opposed to the rezoning as the city had just completed a con -
sistency rezoning in -the area not two months-ago and they were already back to
rezone the'property:
Mayor Schwartz declared the public hearing closed.
Mayor Schwartz stated he felt the development was reasonable and that the con-
ditions could be amended and the Public Services Department could use eco -block
in the mini -park for emergency access to the arm of the lake.
Councilman.. Jorgensen stated he would approve. the PD R -1 zone'as recommended and
the conceptual plan of development subject to some sort.of guarantee that the
developer would sell only to individuals in moderate price range with no sales
to speculators.
Councilman Dunin agreed with Councilman Jorgensen's comments regarding sales
price.
Councilman Jorgensen felt the developer's proposal was very thorough and would
support.it if the development would be developed as promised by the architect.
Mayor Schwartz felt the city ordinance had planned development provisions and
the developer could use these conditions which would give more density for more
amenities to the public and while he agreed philosophically with Councilman
Jorgensen on.some..type.of housing control for sales to individu'als,.he.did
not feel the Council should condition it on. .this.development only, but if
the Council were serious about this; it should be applied uniformly to all
sales in the community.
Dan Smith then read the Municipal Code provisions sections dealing with planned
development conditions. He said that additional conditions of approval ensuring
low cost units could be imposed when.the tentative tract map was submitted for
approval.
On motion of Councilman Dunin,.seconded by.Mayor Schwartz.;-the following
ordinance was introduced:;.Ordinance No. 724 .(1977 Series), an ordinance of
the City of San Luis Obispo amending the official zone map to rezone . property
at .1301 Laguna Lane.
Introduced and passed-to print on the following roll call vote;
AYES: Councilmen Dunin, Jorgensen,.Petterson and Mayor Schwartz
NOES: None
ABSENT: None
9:00 P.M. Mayor Schwartz declared a recess. 9:17 p.m. The meeting reconvened
with all Councilmen present. ..
5. The City Council held a public-hearing on the recommendation of the
Planning -Commission .to. rezone .3750.Bullock.Lane. from zoning designation M
(industrial land.use) to.R -2 .(medium-density residential land use), Pratt and
Brotby, owners.
' Memo from D.F. Romero suggesting the property-remain in an "M" classification
and a.letter "from W.I,. Richards-supporting the rezoning to R -2.
Terry Sanville reviewed the recommendation of .the Planning Commission.to amend
the zoning from M to R -2. He stated that following the last Council meeting,
the Planning Commission restudied the proposed zoning fora five acre lot on
Bullock Lane. He stated the - Commission reviewed five alternative zoning schemes
for the property and listened.to considerable testimony from the property owners
consultant and from the surrounding residents. After much discussion, the
Commission recommended that the property be zoned R -2 which was consistent with
the General Plan and identical identical to their original recommendation made in
May of this year to the City Council.
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 8
The Commission listed.to a lengthy presentation by the property owners.
consultant and after listening to-the testimony, the majority of the
Commission felt that R -2 zoning was most appropriate. Some of the reasons
given to this recommendation included:
1) The property was not suitable for agricultural use (cultivated crops).
Therefore, A/C zoning was not appropriate. The surrounding land was
not really used for cultivated agriculture; R -2 development of the five -
acre lot would not adversely affect surrounding land use.
2) A letter from the owner of the Bullock land property stated the proposed
R -2 condominiums would be sold for prices between $44,000 to $48,000.
He was willing to guarantee this sales price. The Planning Commission
felt that it was important to provide so called "moderate income" housing
within the community and felt that this factor should warrant R -2 zoning
on this parcel.
The five alternative zoning schemes considered by the Planning Commission were:
1) Zone the entire property to A/C 5 and amend the General Plan to show it as
"interim agriculture ".
2) Zone the entire property R -1.
3) Arbitrarily zone part of the parcel closest to Bullock Lane R -1 or R -2 and
the rear part of the property A/C 5.
4) Some other inning less than R -1 but greater than A/C (e.g. R -1 =S 2.5). and
5) Continue to recommend R -2 zoning of this property_.
It was on this basis that the Planning Commission again recommended that the
property on Bullock Lane be.zoned R -2.
Terry Sanville then presented the city staff's comments stating that they felt
the
R -2 zoning of this property was premature because:
1)
The lot was surrounded by agricultural land was separated.from the rest of
the Bullock Lane neighborhood. If developed at R -2 densities it would
represent a "leap- frog" type of development.
2)
There were problems in building housing in an area used for agriculture.
The cultivation of farmland next to this project and.the dust and noise
created by this activity could be a problem to future residents on this
site.
3)
Bullock Lane was an excessively long cul -de -sac with no possibility of
creating a loop street system. It was questionable whether there was
sufficient emergency access to this part of the city. Since Bullock
Lane was already too long, extending it an additional 700 feet (2400
foot total) to serve this property might only compound access problems.
4)
Emergency access to the proposed development was aggravated by the extreme
depth of the property (1056 feet deep).
5)
R -2 development would generate significant amount of automobile traffic
on Bullock Lane. Since this street was a cul- de- sac-all traffic would
use the Bullock /Laurel Lane intersection. This intersection was poorly
designed and until the Orcutt Road overpass was built-(whlch, was some
years in the future) additional traffic from the proposed R -2 PD may
increase traffic problems in this area.
Therefore, -Terry Sanville recommended,_on..behalf.of -the city planning staff,
that the property be zoned A/C 5 and the General Plan be amended to show this
parcel as "interim agriculture ".
R.D. Miller, administrative officer, had earlier submitted.the..following statement:,
"Recommend that this item be placed on September 20 agenda as a consent item
to be scheduled for hearing October 4 with adequate notice given to affected
parties and surrounding property owners.
In the meantime, building development will be delayed but this may also be
true on a longer -term basis should the Council decide on the A/C 5 zoning and
should it be decided that -an amendment to the General Plan is required along
with a moratorium on building development."
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 9
When this matter was first considered by the City Council, they asked the City
Attorney whether the city had the right to change the zoning to something other
than R -2 on this property after the developers consultant stated that he had
been working on this matter for a number of months.
D.F. Romero stated, that in his opinion, the city's best interest and those of the
neighborhood were best served by the Council to take no action to zone this property
from his present M use. He did not believe that the property could be rezoned
contrary to the General Plan as recommended by the planning
staff. The zoning action by the Council might well result in a suit from an
aggrieved party. The easiest approach would appear to just the leave the
property zoned M.
Mayor Schwartz declared the public hearing open.
Andrew Merriam, of Merriam, Deasy and Whisenant representing the developer,
stated that the Council in adopting the latest City General Plan, showed the
property as medium density residential or R -2 land uses. Since that time, the
City Council had adopted a zoning plan continuing this property in M use contrary
to the General Plan. He stated that the developer, based on the action of the
City Council in January, 1977, had worked diligently to prepare a plan for
development of this land for medium density residential uses and up until about
two weeks ago, the city staff seemed to agree with the General Plan and the R -2
density but had all of a sudden come up with a new recommendation to change
this property to A/C 5 concept.
Tom Maples, of Merriam, Deasy and Whisenant, reviewed with the City Council,
other areas of within the city presently occupied and formally devoted to some
agricultural uses but the city had allowed them to develop to more intensified
uses. He also stated that a check of the Police Department records for over 10
years showed no motor vehicle accidents had occurred on Bullock Lane or at the
intersection of Bullock Lane with Orcutt Road.
Andrew Merriam again stated he felt the City Council should follow their own
General Plan and allow the zoning to R -2. He stated that the city staff felt
that this development would encourage requests from adjacent owners but that
this was controlled by the City Council in denying annexation or extension of
utilities to properties outside the city. He concluded that if the city would
allow the density for R -2 zone, he would guarantee to keep costs down as much
as possible in order to guarantee reduced costs for housing on the development.
He stated that nothing new had been brought to.the Planning Commission and City
Council meetings to show any reason why the property should not be rezoned to
R -2 and developed for the much needed housing in the area and he urged the City
Council to listen to the Planning Commission and rezone the property to medium
density or R -2.
Allen Righetti, property owner adjacent to the property on the south, stated
that he had farmed all his life on this property and still farmed. In fact,
he farmed 38 acres immediately south of the subject five acre parcel. He
concluded that if the City Council insisted on proceeding with this development
to R -2, they should require an 8' chain link fence to keep the residents of
his fields and away from his animals.
Nickolas Muick, property owner on 12 acres adjoining the private Pratt property
on the east, supported the development which he felt would not endanger his
agricultural operation. He also felt that the land should not develop to M
or industrial uses as he felt that that was more of a hazard to the adjacent
property owners than developed to an R -2 type use.
Tom Simmer warned the City Council to be very wary of developers who promised
moderate cost housing and hoped that the City Council would make them stick to
their promises for the good of the people of San Luis Obispo.
City Attorney Allen Grimes submitted Memorandum of Opinion No. 77 -24,
subject:
right to
build listing cases and background on this matter. It was his
opinion
that "...the
been the
building permit as the final authorization to build has
threshold requirement in California for a vested right. The
traditionally
performance
of work,
spending of money or incurring of liabilities prior to the issuance
of a
building
permit will not confer on the builder a vested right against
the future..."
D.F. Romero stated, that in his opinion, the city's best interest and those of the
neighborhood were best served by the Council to take no action to zone this property
from his present M use. He did not believe that the property could be rezoned
contrary to the General Plan as recommended by the planning
staff. The zoning action by the Council might well result in a suit from an
aggrieved party. The easiest approach would appear to just the leave the
property zoned M.
Mayor Schwartz declared the public hearing open.
Andrew Merriam, of Merriam, Deasy and Whisenant representing the developer,
stated that the Council in adopting the latest City General Plan, showed the
property as medium density residential or R -2 land uses. Since that time, the
City Council had adopted a zoning plan continuing this property in M use contrary
to the General Plan. He stated that the developer, based on the action of the
City Council in January, 1977, had worked diligently to prepare a plan for
development of this land for medium density residential uses and up until about
two weeks ago, the city staff seemed to agree with the General Plan and the R -2
density but had all of a sudden come up with a new recommendation to change
this property to A/C 5 concept.
Tom Maples, of Merriam, Deasy and Whisenant, reviewed with the City Council,
other areas of within the city presently occupied and formally devoted to some
agricultural uses but the city had allowed them to develop to more intensified
uses. He also stated that a check of the Police Department records for over 10
years showed no motor vehicle accidents had occurred on Bullock Lane or at the
intersection of Bullock Lane with Orcutt Road.
Andrew Merriam again stated he felt the City Council should follow their own
General Plan and allow the zoning to R -2. He stated that the city staff felt
that this development would encourage requests from adjacent owners but that
this was controlled by the City Council in denying annexation or extension of
utilities to properties outside the city. He concluded that if the city would
allow the density for R -2 zone, he would guarantee to keep costs down as much
as possible in order to guarantee reduced costs for housing on the development.
He stated that nothing new had been brought to.the Planning Commission and City
Council meetings to show any reason why the property should not be rezoned to
R -2 and developed for the much needed housing in the area and he urged the City
Council to listen to the Planning Commission and rezone the property to medium
density or R -2.
Allen Righetti, property owner adjacent to the property on the south, stated
that he had farmed all his life on this property and still farmed. In fact,
he farmed 38 acres immediately south of the subject five acre parcel. He
concluded that if the City Council insisted on proceeding with this development
to R -2, they should require an 8' chain link fence to keep the residents of
his fields and away from his animals.
Nickolas Muick, property owner on 12 acres adjoining the private Pratt property
on the east, supported the development which he felt would not endanger his
agricultural operation. He also felt that the land should not develop to M
or industrial uses as he felt that that was more of a hazard to the adjacent
property owners than developed to an R -2 type use.
Tom Simmer warned the City Council to be very wary of developers who promised
moderate cost housing and hoped that the City Council would make them stick to
their promises for the good of the people of San Luis Obispo.
CITY COUNCIL:MINUTES
OCTOBER 4, 1977
PAGE 10
Jean Anderson,.3580 Bullock Lane, questioned the present conditions of Bullock
Lane, which she stated were unimproved,. narrow, poorly drained and during bad
winters. -(due to the poor drainage under the railroad tracks which -had recently
been filled by a contractor working for the city), the east side of Bullock
Lane flooded every year with a minimum rain. How would the children be able to
walk to school if there were several feet of water on the street?
Liz Fisher, employed on Bullock Lane, felt the area east of the railroad along
Bullock Lane had been changed over the years to more intensive uses such as
housing, mobile homes and industrial uses. She urged the City Council to support
the Planning Commission to rezone the property R -2 or medium density residential
as no apparent heavy agricultural uses in the area were presently taking place.
Mrs. Richards, Bullock Lane, supported the residential uses on Bullock Lane,
but stated she was opposed to development of industrial uses which she felt
was more of a.hazard on.that very narrow, poorly . designed street. She said
that there were presently several large contractors . moving'equipment in and
out which she felt created a hazard to the residents and the people of the
community. She then submitted a letter from W.L. Richards, her son, in support
of the R -2 zoning which stated that the architects, Merriam, Deasy & Whisenant,
had been working with them and with the city, with the development of their five
acres adjacent to the Willow Creek Park, although the property was presently
outside the city. It was his.opinion that the area should,develop for housing
and not.for industrial uses. He urged the City _Council_ to support the Planning
Commission's action.
Mayor Schwartz declared the public hearing.closed.
Councilman Jorgensen stated he was opposed to the R- 2.development on this land.
He felt the development was premature and would affect the.adjacent agricultural
land. He also felt that the access was poor and until some consolidated develop-
ment improvement could be made, he would recommend that -the city zone it to A/C 5.
Councilman Petterson agreed with Councilman Jorgensen and felt -the development was
premature. He did not feel Bullock Lane could handle additional traffic. He
felt the intersection of Bullock /Orcutt /Laurel_ was dangerous and while it might
not be in the accident reports, he still felt it was a dangerous situation. He
felt that this property should not develop until the Orcutt Road had been improved
and Bullock Lane had been improved to full width. He would leave.the land zoned M.
Councilman Dunin stated he had no comment.
Mayor Schwartz agreed with the planning staff's recommendation. He was not sure
if A/C 5 was the right zone but there were so many problems with this land in the
area, that the developer should not be allowed to develop .until all the problems
had been solved.
Terry Sanville- recommended that the Council take no action on this parcel at this
time and that the Council adopt an urgency ordinance to establish a building
moratorium on this property until.the Planning Commission could take action to
amend -the General Plan and adopt A/C zoning for the property.
City Attorney Allen Grimes stated that the state law allowed the Planning Commission
and City Council, etc. to hold development of property under a temporary building
moratorium until the city had completed their studies and amend the General Plan
and final zoning.
On motion of Councilman Jorgensen;:seconded by Mayor Schwartz, that-the city staff
be authorized to prepare the necessary - documents to place this property under a '
building moratorium and request the Planning Commission do additional studies for
recommendation to the Council: Motion carried, Councilman Dunin voting no:
6. The City Council considered the final passage of Ordinance No. 723,
an ordinance amending the Municipal Code, Article III.V, Traffic Regulations,
Chapters 1 thru 17.
Wayne Peterson again - reviewed the provisions of the traffic ordinance for the
City Council's information.
CITY COUNCIL MINUTES
OCTOBER 49 1977
PAGE 11
Councilman Dunin stated he would oppose adoption of this ordinance as he opposed
its introduction, as he felt that it put.too much power in the hands of one
person without any pubLic.input from citizens..or from the City Council and he
was not interested in an-annual report from the Police Department but he wished
to know what was going on on an on -going basis. He was, therefore, opposed to
this ordinance.
Mayor Schwartz declared the public-hearing open. No one appeared before the
City Council for or against . the final passage,of the ordinance. Mayor Schwartz
declared the public hearing.closed.
On motion of.Councilman Jorgensen, seconded by Mayor Schwartz, Ordinance No. 723
was introduced for final passage:
Finally passed on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: None
The City Clerk was directed to place.this.item on the agenda in six months for
a progress report'on the operation.of the.ordinance and that any conflicts_ should
be brought.to the Council's attention.as soon as they happened.
8. The City Council considered the appointment of a person to fill a vacancy
on the City Council due to the resignation of Councilman T...Keith Gurnee for the
period through April 1, 1979.
Allen Grimes reviewed for.the City:Council's information, the sections of the
City Charter and. sections of the Government Code dealing with the appointment of
a person to fill the vacancy on the City Council. He continued that the .
' City Charter provided that when a vacancy occurred in the Office of Councilman,
the Council should "forthwith" appoint a person to fill such vacancy. There -
fore,.the Charter imposed the obligation of.the Council to.meet first by
attempting to fill the vacancy by.appointment. If.the Council were unable
to do so, the election procedure could then be followed: He stated that in
reviewing the,various - case law and in discussions with the legislative counsel
for the League,.they knew of•no legal authority-which set forth the detailed
procedures to be followed by a Council in filling a vacancy by appointment.
It was his opinion that the Council could adopt any mode of procedure which
preserved the fundamental essentials of due process: He stated he was recognized
by both state law and case law that the Council was the judge of the qualifica-
tions of its members and this was further supported by Section 700 of the Charter
which provided that the-Council should determine its own rules of procedure.
The attorney general in an opinion in 59 AG Ops 619 had ruled that a City Council
may not, during .a public meeting, make appointments to advisory commissions,
committees, and similar bodies,by'means.of a secret ballot. Although not.totally
persuasive, this was the only law on the subject and could not be lightly.brushed
aside...
The attorney general also ruled that the 1975 amendments to the Brown Act pro-
hibited a council from making appointments to fill vacancies.in elective positions
in executive session.
Councilman Jorgensen suggested that the.City Council'use. the public hearing
format as was done -in most cases of importance in;the. city-which . would allow
public input and. then the Council could close.`the hearing, have a Council dis-
cussion, and then.have the Council nominate and appoint.one person to -fill the
vacancy on the Council.
Councilman Petterson agreed with Councilman Jorgensen's. suggestion but•h&iurged
that the Mayor set a time limit due to the lateness of the hour. He suggested
three minutes for each candidate-and-,.one minute•ifor his /her supporter.
CITY COUNCIL MINUTES -
OCTOBER 4, 1977
PAGE 12
Councilman Dunin agreed with the other Councilmembers but hoped the.Council
could limit the number of people who would speak -in support of a.candidate.
Mayor Schwartz. felt the Council did not need a- public hearing to hear candidates'
qualifications as he felt the -City Council knew each one•of the - .candidates involved,
etc. and since Councilman Gurnee's resignation, the.Council had received
much information on each person from supporters of their candidacy.
On motion of- Councilman Jorgensen, seconded by Councilman'Petterson, that
the Council open a hearing for public input on the nomination appointment
of a member to the City Council and that each candidate be allowed three
minutes to inform the Council of his or her qualifications and that two
minutes be allowed to each of six supporters for each candidate starting
with each candidate first and then the supporters.
Motion carried on the following roll call vote:
AYES: Councilmen Petterson, Dunin and Jorgensen
NOES: Mayor Schwartz
ABSENT: None
Mayor Schwartz asked if anyone else had further names to be submitted for
Council consideration as candidates for the City Council vacancy. No "names
were submitted.
The Council then proceeded to hear presentations from the candidates and their
supporters.
Melanie Billig appeared before the City Council stating her reasons why she
-felt she-should-be appointed to fill the vacancy on the City Council. She
also submitted a petition of over 1100 names supporting her candidacy to this
position.
Gerald Evans appeared before the City Council reviewing his qualifications
for his appointment to the Council vacancy.
E. Jack Fabbri reviewed briefly his experiences and accomplishments over the
years and his justifications for being appointed to the City Council vacancy.
Liz Fisher stated she wished to publicly withdraw her candidacy as candidate
for the City Council vacancy in favor -of Mrs: Melanie Billig.
Foster Gruber.appeared before the City Council, making a very brief statement
stating that the'City- Council knew- him,'knew -his accomplishments and he would
attempt to continue to do a good job for the city either as a Councilmember
or as a citizen.
C.B. "Mac" McCullar -was not present to be interviewed.
LaVerne Schneider appeared before the City Council, reviewed her community
service to the City Council on the Planning Commission, Mass Transit Committee,
Waterways Planning Board, ECOSLO, youth groups, etc. and the fact that she ran
in 1975/76 election and said'she cared what happened in San Luis Obispo.
Allen Settle, candidate, appeared before the City Council, stated he felt he
was qualified for the City Council and he felt he could represent all'the people
of San Luis Obispo. He stated he had shown this on.the Planning Commission. He
felt he had proved his worth over the years on the Planning Commission, Environment
Review Committee, Board of Adjustments, etc. and felt he could represent the entire
community and its citizens but with favor to no special group interests. He also
felt he could also possibly mend fences between the city and the County Board of
Supervisors.
Don Smith, candidate, did not appear before the City Council
Al Gillespie, 884 Couper Drive, appeared in support of Melanie Billig for appoint -
ment to the Council vacancy.
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 13
Rose Barger, 175 Brook Street, stated her support for Melanie Billig.
Anthony J. Schneider stated he was in support of Laverne Schneider, she deserved
to be on the Council as she had worked hard on the Planning Commission, ECOSLO, etc.
Mrs. Metras, 57 Hacienda Drive, stated she supported the candidacy of Mrs. Schneider
for Council.
Mrs. Dorothy Connor, 216 Albert Drive, supported Mrs. Melanie Billig for Council
and urged the City Council to appoint her as she had proven her worth in community
activities and had demonstrated her strengths.
Art Jack, Laguna Lake Mobile Home Park, stated he would support the candidacy
of Allen Settle.
George Lem, 1205 George Street, stated he was supporting Melanie Billig for
the vacancy on the Council. She was a hard worker, knowledgeable and she
would work with the rest of the Council very well.
Mayor Schwartz closed the public hearing.
Councilman Jorgensen moved that the City Council reopen the public session to
hear any additional input from the people who had not had an opportunity to
support or oppose a candidate.
Motion lost for lack of a second.
On motion of Councilman Petterson, seconded by Councilman Dunin, that Allen
Settle be nominated for the appointment to the vacancy on the City Council to
complete the term of T. Keith Gurnee who resigned.
Motion carried on the following roll call vote:
AYES: Councilmen Petterson, Dunin and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
Allen Grimes stated that the City Council, in order to follow proper procedure,
after voting on the one nomination, should either confirm the nomination or ask
if there were other nominations to be considered.
On motion of Councilman Petterson, seconded by Councilman Dunin, that the City
Council appoint Allen Settle to complete the term of T. Keith Gurnee, resigned.
Motion carried on the following roll call vote:
AYES: Councilmen Petterson, Dunin and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
7. Memorandum from D.F. Romero with several recommendations to the
City Council regarding improvements and maintenance of Laguna Lake. He
stated that the recent public interest in improvements to Laguna Lake
' indicated that the time had now come for the city to adopt a position towards
developing and maintaining the lake. Therefore, on behalf of the staff,
he recommended that the Council consider the followsing:
1) Make no city attempt to grade or dredge any portion of the lake this fall.
2) Permit private parties to remove material as desired from non - sensitive
areas such as the Prefumo Channel arm.
3) Appoint a Laguna Lake Committee composed of interested citizens, technical
advisors and staff to guide and direct the lake development.
4) Include an item in the 1978 -79 CIP and budget to hire a consultant to pre-
pare a Laguna Lake Master Plan.
CITY COUNCIL MINUTES
OCTOBER 4, 1977
PAGE 14
5) Include -an item in the.1978 -79 CIP and budget to hire a consultant to pre-
pare an EIR to reflect the new Laguna Lake Master Plan.
6) Direct staff.to continue :seeking federal and state technical and financial
assistance for improving and maintaining.the lake area:
7) Include necessary city funds to supplement federal and state funds in
future CIP and budget requests. 1
8) Adopt and fund a regular continuing program for maintenance-of the lake,
shoreline and park. '
He continued-that-with the recent acquisition of the Curci property giving the
city control over the major portion of the lake :and with.the excellent prospects
of a federal grant to finance facilities to pump treated sewer effluent into
Laguna-Lake, the city now had the means to assure both public•access and.a water
supply to this exceptional facility. He felt that with a continuing planning,
development and maintenance program the city could assure that the lake would
always be an asset to the••community:
R.D. Miller stated that the.various points presented ;by David :Romero reflected
the conclusion of a special management team consisting of Wayne Peterson, Jim
Stockton, Larry Wilhelms, David Romero and Richard D. Miller.
The City Council then held a lengthy discussion with the city staff on the
proper strategy to use in selecting a.consultant or consultants to prepare
the various plans needed for Laguna Lake - improvements. They also discussed
the scope of the work that would included in the various proposals.
Mayor Schwartz suggested that the city staff start with the reports suggested
three years ago for.. the :consultants.scope.of.work.for development of Laguna
Lake: . .
After discussion, staff was requested to prepare a scope of work and a mission
statement for developing and maintaining Laguna Lake and submit this statement
in written form to the City Council on.October 18, 1977.
9. Allen Grimes submitted for the Council's consideration proposed amend-
ments to the Bingo Regulations which were authorized by amendments made by the
state legislature in the past legislative session. The proposed ordinance made
the following changes:
Section.4503 -4506, amended organizations eligible to include all.tax exempt and
nonprofit organizations, mobilehome park associations and.senior citizens organ-
izations, provided the proceeds of .bingo games-were used only for charitable
purposes.
Section-4511, provided that the proceeds of the games, not toy exceed 10% after
the deduction for prizes, or $500 per month, whichever was less, might be used
for rental of.property, overhead and administrative expenses.
Section 4516, provided-that-the property owned or leased by the bingo organization
need not be used or leased.exclusively by such organization.
On motion of-Councilman Petterson, seconded by Councilman Jorgensen, the following
ordinance was introduced: Ordinance No. 725 (1977 Series), an ordinance of the
City of San Luis Obispo amending Municipal Code Article IV, Chapter 5, regulating
Bingo Games.
Introduced and passed and to print on..the following roll:-call vote:
.AYES: Councilmen Dunin, Jorgensen,.Petterson and Mayor Schwartz
NOES: None
ABSENT: None
10. Council consideration of a: resolution granting final, approval 'of Parcel
Map No. 76 -499, Spencer Meyer- and.Linda.Meyer, applicants, corner of,Santa'Ynez
and Loomis Streets -1760 Loomis Street, and.authorized the execution of quitclaim
deed to the applicant.
CITY COUNCIL MINUTES
OCTOBER 4,-1977
PAGE 15
Wayne Peterson stated that the.parcel map and deed had been checked by his
office as approved by the city in December, 1976. 'The Council should now
approve the signing and recording of the grant deed and the parcel map sub-
ject to one condition, that condition being the.deposit of a cash bond in
the amount of $7,000 to the city to guarantee the construction of curb, gutter
and sidewalk around this property which was a condition of the transfer by the
city. He recommended against. anything other than a cash deposit.due to the
difficulty in having the bonding company do the work.
D.F. Romero stated that the city was exchanging this property for curb and
gutter.installation and he felt the condition should be met prior to the
property transfer and that no bonds should be accepted for the property owners
improvements as he.felt the Council was aware of-the problems the city had had
in attempting to enforce bonds in past years. He.stated that the city might
find itself in a very.weak position after having given the property away in
attempt to get the improvements. He suggested.an alternative that the city
require or accept only cash deposit rather than the bond to insure the improve-
ment.
R.D. Miller recommended that the Council approve the Romero- Peterson recommend-
ations that no bonds be accepted but only a cash deposit.
Spencer Meyer, property owner, appeared before the City Council, reviewing the
problems he has had with the.city in attempting to get proper grades so he could
proceed with the installation of curb, gutter and sidewalk as required in accord-
ance with the agreement and with Resolution No. 3198 (1976 Series). He claimed
he had been ready several times to install the curb and gutter but due to various
difficulties with the city setting grades and /or drainage problems; he had been
unable to get a permit. He stated he.was.ready to proceed at any -time the city
gives him the go- ahead. Also, he had received a bid for the installation of
curb, gutter and sidewalk.in the amount of,$4;000 rather than the estimate of
$7,000 as given.by the city engineer.
' Gene Garritano, representing Morris and Dee, submitted.a letter to the City
Council regarding the bonds executed on behalf of the Hartford Accident and
Indemnity Company of $6,315 to guarantee faithful performance of construction
of curb, gutters and sidewalks along the whole.frontage of the Meyer property
in San Luis Obispo in accordance with the provisions of City Council Resolution
No. 3018. He stated the bond effectively guaranteed that the work stated would
be.performed by the Meyers as stated in that resolution.or the bonding company,
the Hartford Accident and.Indemnity- Company, would pay:the uncompleted amount of
the.contract to the:City of San Luis Obispo.: He concluded by saying that if
_there were any questions concerning the viability of the -bond or its applicability
to replace the cash deposit, he would,be.most happy to meet with the City Council.
On motion of Councilman Petterson, seconded by Councilman Dunin, that the City
Council accept the.bond of -the Hartford: Accident and Indemnity Company, that
the quitclaim deed be granted to Spencer Meyer and that he immediately proceed
with the installation of the required improvements as stated in the following
proposed resolution: Resolution No. 3428 (1977 Series), a resolution of the
Council of the City of San Luis Obispo granting final approval of Parcel Map
No. 76 -499, Spencer Meyer and Linda Meyer, applicant: 2260 Loomis Street, and
authorizing the execution of a grant deed to applicant.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
' NOES: None
ABSENT: None
R.D. Miller, administrative officer, was directed by the City Council to have
the work (city and citizen portions) completed with a thirty day period and
advise the Council of any further problems encountered. ..
11. On motion of Councilman Petterson, seconded by Councilman Dunin, to
approve the plans and specifications for "NORTH BROAD STREET, STORM DRAIN
REPLACEMENT ", City Plan No. B -18, Project SS 245, bid estimate including con -,
tingencies and engineering fees $10,400 be approved and city staff be authorized
to call for bids. Motion carried.
CITY COUNCIL'MINUTES
OCTOBER 4' 1977
PAGE 16
On motion-of Councilman.Petterson, seconded.by'Councilmari Dunin;,that the City
Council approve'the plans and specifications.for "PEACH STREET:WATERLINE IMPROVE -
MENTS ";'City Plan No. B-17,-bid estimate 'including'contingencies and'engineering
fees $62;525 be approved and'city staff be authorized to'call for bids. Motion
carried.
127 The City. Couricil'disciissed the'; 'clarification; if necessary, of -the City
position on sewer service'outside•city'limits'in "connection with the sewer plant
expansion grant application approved by the City Council..at its meeting on 9/20/77. ,
R.D. Miller "submitted a letter from John Jenks, consultant, to the Division
of "Water'Quality, Sacramento, in which he requested amendments to the project
report: A) to permit effluent disposal to Laguna Lake, and -B) to modify'the
service area to conform with the urban reserve line of the General Plan which
he felt was in accordance with "the understanding by the 'staff -of the Council
action on September 20, 1977.
Councilman Jorgensen stated that what he wanted the city to do was to amend
their letter to the State of California, the Division of Water Quality, clearly
explaining -that the city was willing�to -serve sewer outside the City-of-San Luis
Obispo within the urban reserve line if -the city would have some sort of control
over the land uses in the area. They would not be interested in serving sewer
to any area outside the urban reserve line regardless of city input.' He.did not
feel that the letter presently submitted by Mr. Jenks clarified his position.
A lengthy discussion -then followed between staff and members . "of the City Council
with the staff feeling that regardless of what the letter said, it would have no
effect on -the action by the "Water Quality Board when'they sent their orders down
that the city had to serve the basin but they hoped that the letter by Jenks
and further implemented by the "city would at least let the state know that the
city was only interested in serving within the urban reserve line. -
R.D. Miller was directed to prepare a further draft clarifying the Council's
position on a sewer service within the basin but only within the urban reserve
line "andsubmit it'to the Coundil'for'their consideration
CONSENT ITEMS
C -1 On motion of Councilman Jorgensen, seconded by Councilman.Petterson,
claims against the city for the month of October, 1977 be approved subject to
the.approval of the administrative officer. Motion carried.
C -2 On motion-of Councilman Jorgensen, -seconded by Councilman Petterson,
the minutes of August 1 and 2 be approved as presented. Motion carried.
C -3 On motion of "Councilman Jorgensen, seconded by Councilman Petterson,
that the following contract pay ;estimates be approved'and ordered paid:
Bailey Construction -Co. Est: - "4117- - $31,097:97 -
FIRE STATION NO. 4
C.P. 41B -03
Collins Electric Co." 'Est. 412 $•.6,06898
MEADOW PARK LIGHTING
C.P. 4120 -71
Conco Engineering .Co. Est.--#7-
99;715:10 -
MITCHELL PARK PLAYGROUND
C.P. 4132 -77
Conco Engineering Co. Est. 411
8,203.50
PARKING LOT, 630 MONTEREY
C.P. "4139 =77
Conco Engineering Co. Est. 411
3,150.00
SANTA ROSA STREET WIDENING
C.P. 41B -06
Conco Engineering Co.
SANTA ROSA STORM DRAIN
C.P. 1625 -77
CITY COUNCIL MINUTES
OCTOBER 4, 1977.
PAGE 17
Est. 42 4,090.50
Est. #3 FINAL 1,009:50 (11/22/77)
C -4 On motion of Councilman Jorgensen,
the following resolution-was introduced:
a resolution of the.Council of-the City.of
for funds under the National Endowment for
Mission P1aza.Phase.3 Design.
seconded by Councilman Petterson,
tesolution No. 3429 (1977 Series),
San Luis Obispo approving application
.the Arts "Livable Cities" Program for
Passed and.adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson; Dunin.and Mayor'Schwartz
-NOES: None
ABSENT: None
' C -5 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
the communication from Patrick Linington requesting consideration of .alter-
natives to present requirements in issuing permits for taxi drivers was referred
to the Police Department.for investigation and report to the Council of
recommendation. Motion carried.
C -6. On motion of Councilman Jorgensen, seconded by Councilman Petterson,
communication from the Citizens' Advisory Committee regarding their studies
of swimming pool'and maintenance costs be ordered received and filed. Motion
carried.
C -7 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
the communication from Mary C. Breault requesting permission to purchase
property adjacent to land presently owned by her and located _at ' Lemon . and
Montalban Streets be referred to the staff and the Planning Commission for
recommendation. Motion carried.
C -8 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
Mr. James Copeland was appointed to fill a vacancy on the B.I.A. Board of
Directors. Motion-carried.
C -9 On.m_otion of Councilman Jorgensen, seconded by Councilman Petterson,
the Council approve the recommendation of the Planning Commission that the
stairway access on the Southwood Drive.frontage for property at -.the corner
' of Sequoia and:Southwood Drive be accepted. Motion carried.
C -10 On motion of.Councilman Jorgensen, seconded by Councilman Petterson,
a six month extension be approved for submittal of_final map for Minor Sub -
division.No. 76 =366, Alf Starkie,.590 Felton Way. Motion carried.
C -11 On motion-of Councilman Jorgensen, seconded by Councilman Petterson,
a six month extension be approved for submittal of_final map of Tract No. 609,
Deasy, Copeland, Buffa and Cullison, applicants, for a 5 lot.subdivision west
of Broad Street at Hillside Court and Mission Lane. Motion carried.
Fred Julien & Associates Est. #3
27,932.40
WATERLINE IMPROVEMENT - PROJECTS
C.P. 16's 24 -77, 26 -77, 28 -77
'
Melcher Construction Co. Est. 162
7,883.10
STREET RECONSTRUCTION,
KING AND FLORA STREETS
C.P. 1613 -77
Lee Wilson Electric Co. Est. 162.
15,052.30
TRAFFIC SIGNALS
C.P. #11 -77
Motion carried.
C -4 On motion of Councilman Jorgensen,
the following resolution-was introduced:
a resolution of the.Council of-the City.of
for funds under the National Endowment for
Mission P1aza.Phase.3 Design.
seconded by Councilman Petterson,
tesolution No. 3429 (1977 Series),
San Luis Obispo approving application
.the Arts "Livable Cities" Program for
Passed and.adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson; Dunin.and Mayor'Schwartz
-NOES: None
ABSENT: None
' C -5 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
the communication from Patrick Linington requesting consideration of .alter-
natives to present requirements in issuing permits for taxi drivers was referred
to the Police Department.for investigation and report to the Council of
recommendation. Motion carried.
C -6. On motion of Councilman Jorgensen, seconded by Councilman Petterson,
communication from the Citizens' Advisory Committee regarding their studies
of swimming pool'and maintenance costs be ordered received and filed. Motion
carried.
C -7 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
the communication from Mary C. Breault requesting permission to purchase
property adjacent to land presently owned by her and located _at ' Lemon . and
Montalban Streets be referred to the staff and the Planning Commission for
recommendation. Motion carried.
C -8 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
Mr. James Copeland was appointed to fill a vacancy on the B.I.A. Board of
Directors. Motion-carried.
C -9 On.m_otion of Councilman Jorgensen, seconded by Councilman Petterson,
the Council approve the recommendation of the Planning Commission that the
stairway access on the Southwood Drive.frontage for property at -.the corner
' of Sequoia and:Southwood Drive be accepted. Motion carried.
C -10 On motion of.Councilman Jorgensen, seconded by Councilman Petterson,
a six month extension be approved for submittal of_final map for Minor Sub -
division.No. 76 =366, Alf Starkie,.590 Felton Way. Motion carried.
C -11 On motion-of Councilman Jorgensen, seconded by Councilman Petterson,
a six month extension be approved for submittal of_final map of Tract No. 609,
Deasy, Copeland, Buffa and Cullison, applicants, for a 5 lot.subdivision west
of Broad Street at Hillside Court and Mission Lane. Motion carried.
CITY.COUNCIL MINUTES
OCTOBER -4, 1977
PAGE 18
C -12 On motion of-Councilman Jorgensen, seconded by.Councilman Petterson,
to approve grading permit to..Fred Julien for 1290 Murray Street prior to issuance
of a building.permit to install a 48" RCP storm drain across the property. Motion
carried.
C -13 On motion of Councilman Jorgensen, seconded by.Councilman Petterson,
to approve grading permit for Mr. Jerry Trussler, 3490 Broad Street, in con-
junction with a proposed storage yard at Capitolio Road between Broad and
Sacramento Drive. Motion carried.
C -14 On motion of Councilman Jorgensen, seconded by.Councilman Petterson,
the following resolution was introduced: Resolution No. 3430 (1977 Series),
a resolution of the Council of the City of San Luis Obispo authorizing the
appropriation.of -funds received under.the Federal Anti - Recession Assistance
Act.
Passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES:. None.
ABSENT: None
C -15 On motion of Councilman Jorgensen, seconded by Councilman Petterson,
the following resolution was introduced: Resolution No. 3431 (1977 Series),
a resolution of the Council of the City of San Luis Obispo approving an agree-
ment between the City and Exxon Corporation for acquisition of Santa Rosa Street
right of way.
Passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor.Schwartz
NOES: None
ABSENT: None
C -16 On motion of Councilman Jorgensen, seconded'by Councilman Petterson,
the following resolution was.introduced: Resolution No. 3432 (1977 Series),
a resolution of.the.Council of the City.of San Luis Obispo.approving an agree-
ment between the City and Dieter Heinz, consulting chemist.
Passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
C -17 -..On motion•of ..Councilman Jorgensen, seconded by-Councilman Petterson,
to approve application for Liza Murphy for an ice cream truck under the pro-
visions of Section 6220 et. seq. of the Municipal Code with the notation placed
on the license-that the permit be good only inside the city as the City Council
had no control of conditions at Cal.Poly or in County area. Motion carried.
C -18 Claim against the city by Deanna J. Noble, 1616�.Palm Street, for
damages to her car caused when an alleged city tree trimmer cut a limb which
fell on her car. Claim in the amount of.$50.
D.F. Romero reported.to the City Council that upon investigation of this accident,
he found that it was the city's responsibility for the damage and he recommended
that.the claim,be paid by the.city rather than referred to the insurance company
to avoid adjusting costs.
On motion of - Councilman Jorgensen, seconded by Councilman..Petter.son, the City
Clerk was authorized to pay the claim to Deanna J. Noble. Motion carried.
1
u
CITY COUNCIL MINUTES
OCTOBER 45 1977
PAGE 19
BIDS RECEIVED
B -1 The City Clerk reported on the following bids received for "REGLAZING
SOUTHEAST WALL OF CITY - COUNTY LIBRARY ", 888 Morro Street, City Plan No. B -16.
Bid estimate including contingencies and engineering fees $6,600:
1. Morro Bay Glass & Mirror Company, Inc. $5,036.17
' 1560 Main Street
Morro Bay.; Calif. 93442
2. Contractors Glass 7,585.00
161 Prado Road
San Luis - Obispo, CA 93401
D.F. Romero recommended that the low bid of Morro Bay Glass & Mirror Company
for $5,036.17 be accepted.
On motion of Councilman Dunin, seconded by Councilman Petterson, the low
bid of Morro Bay and'Glass and Mirror Company in the amount of $5,036.17
be accepted. Motion carried.
B -2 The City Clerk reported on.the following bids received for the "STREET
RESURFACING PROJECT ", City Plan No. B -05, bid estimate including contingencies
and engineering fees $30,736:
1: Madonna Construction Company $29,822.00
P.O. Box .910
San Luis Obispo, CA .93401
7. Melcher Construction Co. 41,620.00
1415 Smith Court
San Luis Obispo, CA 93401'
On motion of. Councilman Dunin, seconded by Councilman Petterson, the low bid
of Madonna'Construction Company in the amount $29,822 be accepted. Motion
carried.
' B -3 The City Clerk.reported on bids received for the "NORTH TASSAJARA SEWER
INSTALLATION AND PISMO.STREET PARALLEL SEWER "', City Plan No. B -15, bid estimate
including contingencies and engineering fees $19,495.00:
1. Vic 's Pipeline'Company $20,528.00
Route 1, Box 15 -B
Templeton, CA 93465
2.
Paso Constructors, Inc.
30,756.00
Route 1, Box 14D
Paso Robles, CA 93446
'
3.
Sully /Miller Company
31,726.00
3555 Vineyard Avenue
Oxnard, CA 93030
4.
A.J. Diani Construction Company
32,295.00
295 No. Blosser Road
Santa Maria, CA 93454
5.
R. Burke Corporation
33,315.00
P.O. Box 957
San Luis Obispo,.CA 93401
6.
Walter Bros. Construction Company
36,016.60
P.O. Box 809
.San Luis Obispo, CA 93401
7. Melcher Construction Co. 41,620.00
1415 Smith Court
San Luis Obispo, CA 93401'
On motion of. Councilman Dunin, seconded by Councilman Petterson, the low bid
of Madonna'Construction Company in the amount $29,822 be accepted. Motion
carried.
' B -3 The City Clerk.reported on bids received for the "NORTH TASSAJARA SEWER
INSTALLATION AND PISMO.STREET PARALLEL SEWER "', City Plan No. B -15, bid estimate
including contingencies and engineering fees $19,495.00:
1. Vic 's Pipeline'Company $20,528.00
Route 1, Box 15 -B
Templeton, CA 93465
CITY COUNCIL MINUTES
OCTOBER 4,1977
PAGE 20
2. Baker Corporation 25,662.00
P.O. Box 419
Arroyo Grande, CA 93420'
3. Paso Constructors, Inc. 35,111.00
Route 1, Box 14D
Paso Robles, CA 93446
On motion of Councilman Dunin, seconded by Councilman Petterson, to accept the
'
low
bid of Vic's Pipeline Company in the amount
of $20;528. Motion carried.
B -4
The City Clerk reported on the following
bids received for "RESERVOIR
NO.
1 FLOATING COVER ", City Plan No. 37 -77, bid
estimate $95,000:
1.'
Gulf Seal Corporation
$1059740.00
2350 "A" Blackfoot
Placentia, CA 92670
2.
Globe Linings, Inc.
138,691.00 -
1901 East Wardlow Road
Long Beach, CA 90807
Robert Mote, Utility Engineer, recommended that the City.Council approve the
award of this contract to Gulf Seal Corp. in the amount of $105,740 and that
the option of the inflation feature be held open for later determination.
On motion of Councilman Dunin, seconded by Councilman Petterson, the low bid of
Gulf Seal Corp. be accepted and the inflatable option be continued for future
consideration. Motion carried.
There being no further business to come before the City Council, the Mayor
adjourned the meeting at 12:25 p.m. to Tuesday, October 11,-1977 at 7:30 p.m.
APPROVED: December 20, 1977��
� 1J.H. Fitzpatrick, City Clerk
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 11, 1977 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
PRESENT: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
ABSENT: None
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; Terry Sanville, Planning Associate; Dan Smith, Senior
Planner; Glen Matteson, Planning Assistant ,
1. The City Council reported on the following activities of Council Subcommittees:
A. Area Planning Council - Councilman Jorgensen reported on the activities of
the Area Planning.Council and reviewed the suit against the 325 funds, etc.
in Sacramento,.California.
B. Central California Criminal Justice Committee - Councilman Petterson
stated he had nothing to report since the last meeting.