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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.