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HomeMy WebLinkAbout06/07/1978 (2)City Council Minutes June 7, 1978 - 12:10 p.m. Page 2 City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Dave Romero, Public Services Director; Jim Stockton, Director of Parks & Recreation; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Henry Engen, Community Development Director 1. The City Council continued their review of the Proposed 1978 -79 City Budget. Starting with Section II, Operating Budget, Non - Departmental Activities, including the City Council Advisory Committees, Non - Departmental Expenditures and Debt Service Expenditures, Pages II -1 through II -23. 2. The City Council adjourned at 1:00 p.m., in order to allow the Council Members to attend the San Luis Obispo County Water Advisory Board Meeting. APPROVED: July 18, 1978 5.w pef - fk��ipatrick, City Clerk M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JUNE 7, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Henry Engen, Director of Community Development; Dan Smith, Senior Planner; Wayne Peterson, City Engineer; Roger Neuman, Police Chief; Dave Romero, Public Services Director A. Kenneth E. Schwartz, Mayor of the City of San Luis Obispo, submitted for the public information, the Council's decision in the matter of the appeal of Barry L. Gregory from a discharge from the Police Department. The Mayor on behalf of the Council made the following findings: 1) The Council finds the employee was given timely advance notice of the allegations and reasons and charges for discipline. Further he was given timely notice of the date of hearing of his appeal. 2) The Council finds that there was insufficient evidence to support the charges of insubordination as alleged:_in Charge I, consisting of failure to follow orders to perform duties in connection with a report writing committee. 3) The Council finds the employee was guilty of insubordination as setforth in Charge 2, relating to an order to furnish a copy of. itinerary and telephone number where employee could be reached in connection with special training duty out of the city and that he failed to comply with said order. r� !J 1 City Council Minutes June 7, 1978 - 7:00 p.m. Page 2 4) The Council finds that there is insufficient evidence to support the finding of guilty to Charge 3, relating to compliance with Police Department Operation Directive P -7. 5) The Council finds that the employee was guilty of insubordination as alleged in Charge 4 and finds that he failed to comply with an order to coordinate the advanced officer training program. 6) The Council finds that the employee was guilty of insubordination as alleged in Charge 5 in that he failed to return ammunition and miscellaneous equipment belonging to the department as ordered to do. 7) The Council finds that the employee was not guilty of incompetency as alleged in Charge 6 as the charge is not supported with sufficient scope or depth. As a result of the findings specified above, taken individually and collectively, and based upon these findings, the Council hereby orders and directs that the termination for cause of former Police Sergeant Barry L. Gregory from his employ- ment as a Police Officer with the City of San Luis Obispo by the Police Chief be sustained and that the appeal of Barry L. Gregory be denied. The final order was signed by Mayor Kenneth E. Schwartz, Vice Mayor Steve Petterson, Councilman Ron Dunin, and Councilman Jeffrey G. Jorgensen. Councilman Allen K. Settle who was unable to attend a portion of the disciplinary appeal proceedings, did not participate in the decision. 1. At this time the City Council held a public hearing on the appeal of Richard A. Carsel from denial of the Planning Commission of the requested rezoning from R -2 to P -0 of property located at 1426 Broad Street. Richard.Carsel, in his appeal stated he believed that some of the information presented to the commission was inaccurate. Further, it was apparent that some of the commission's decision was influenced by a faulty assumption that this proposal could set a precedent for office encroachment into the residential neighborhood along or east of Buchon Street. Councilman Jorgensen left the meeting due to a possible conflict of interest and would not take part in this matter. Dan Smith, Senior Planner, presented the recommendation of the Planning Commission which was that the zone change was inappropriate and recommended denial. He stated that at the Planning Commission meeting, the Planning Commission considered the evidence that there was enough room in the back yard to provide the required number of parking spaces if this office were converted to a law office and that the driveway was wide enough to comply with city standards. He stated amendments to the zoning map must be consistent with the general plan, and while the general plan if viewed closely showed the applicant's property as medium- density:iesidential, the,.boundary line was next to his property and there was some room for interpretation of where the zone boundary should be established to meet the intent of the plan. In this case, the boundary of the general plan separated the P -0 area from the medium - density residential on the northeast side of Broad Street at a point mid -block between Pismo and Buchon Stre- ets. To_.change the zone boundary, an interpretation was necessary to determine what the intent of the general plan was and what would be the most appropriate boundary between office and residential uses. The primary intent of the general plan appeared to be: 1) To allow offices on-Pismo Street where offices and higher- density residential are already present on the edge of the downtown business district. 2) To preserve the residential neighborhood, especially along Buchon Street frontage by maintaining residential zoning. The boundary between should minimize conflicts between these uses. City Council Minutes June 7, 1978 - 7:00 p.m. Page 3 The Planning Commission felt, if the applicant's request were granted, it would set a precedent to.permit the boundary to be moved similarly on Garden and Chorro Streets between Pismo and Buchon Streets. This would permit offices on these streets up to properties which front Buchon Street. The boundary which might occur would be an irregular boundary around the lots of varied depth on Buchon Street as indicated. It would permit more office use on Broad and Garden Streets where the uses were now exclusively residential and would tend to erode the quality of the neighborhood as a neighborhood. While office uses, especially those which used existing houses and preserve their character, , tended to blend well with residential use, the Planning Commission felt that it would be better not to change the boundary and allow additional encroachment into a residential neighborhood. The reasons in summary were: 1) It would tend to erode the neighborhood quality along Broad Street and perhaps Garden in the future. 2) It would bring the office boundary right to the lots fronting on Buchon Street (an area clearly shown on the plan to be protected). 3) It would create a longer irregular boundary with more area for use conflicts. 4) It would remove more dwelling units from the housing stock when a sufficient trade off for office space has already been made elsewhere in the community in areas now zoned P -0, but occupied by houses. Therefore, the Planning Commission supported the staff's recommendation to deny the zone change under appeal. The City Clerk presented letters mailed to the City Council opposing the rezoning from O.K. Warrick; Mr. & Mrs. Joseph Rappa, 1435 Broad Street; Leo W. Pinard II and Peg Pinard, 714 Buchon Street; Al and Dora Harter; 770 Buchon Street and a petition signed by 86 residents of the general area asking that the City Council not rezone 1426 Broad Street from R -2 to P -0. Also, a letter from A. David Chan opposing the rezoning and from Robert 0. Beauchamp and Audrey L. Smith were received. Mayor Schwartz declared the public hearing open. Rob Strong, Planning Consultant - representing the property owner, Richard Carsel - appeared before the City Council on behalf of the appeal to rezone the property from R -2 to P -0.. He presented a slide show of subject property and adjacent neighborhood showing where other residential buildings had been converted to business uses. It was his opinion that the Planning Commission ignored a number of salient points, particularly the fact that the general plan showed office uses mixed with residential in transitional areas between retail commercial and residential areas. It was his opinion as a professional planner that the subject property was for a one -lot rezoning which would not affect adjacent properties and would be-used as intended in the general plan as a transitional zone. He then reviewed for the City Council, pages 14 and 15 of the San Luis Obispo City Adopted General Plan which supported his contention that the rezoning would be an accepted use in a transitional area. He then reviewed a lengthy report submitting evidence on land uses in the general area of the requested zoning. Stephen Krout, 1445 Broad Street, in support of the Carsel appeal stated he did not feel that the subject property was residential as the entire area was slowly converting to business along State Highway Route 227. Mike DeNeve, member of the Planning Commission, felt some of the comments made by Rob Strong at this evening's council meeting were not heard by the Planning Commission at their hearing and he felt that Mr. Strong's presentation cleared many questions that he personally had regarding the interpretation of the general plan for uses in transitional areas of property near downtown. City Council Minutes June 7, 1978 - 7:00 p.m. Page 4 Russ Johnson, Broad Street, supported the Carsel appeal. He felt that Broad Street was.now a high -speed highway and was not susceptible to family living due to the action of the Council in widening Broad Street further out. Jean Hatcher, Broad Street, stated that she supported the Carsel appeal and asked that the City Council drop her name from the Rappa Petition. John Asbaugh supported the appeal. He felt Broad Street was not a residential street but was commercial. He also felt that all of Broad Street should be ultimately turned over to business. Dave Floyd, 1026 Mill Street, in support of the Carsel appeal in order to preserve the building as it was built in 1912. Jerry Holland, realtor, in support of the Carsel appeal. He felt there was no damage to adjacent residential uses. Donald Umhoffer, Southwood Drive, supported the appeal and urged the council to approve. Linnaea Phillips, 676 Pismo Street, was in support of the appeal. She felt that if the building were not removed, it could support the residential character of the area, but, if the building were torn down and a modern building placed on the lot, it would be a detriment to the area. Valerie Endres, 790 Islay Street, was in support of the appeal. She felt it would be an asset to the neighborhood. She felt this use and the preservation of the building would enhance the character of the neighborhood. Jim McGuire, Attorney, was in support of the Carsel appeal. He felt the city needed office space. ' Marshall Waller, Poly Student, stated he circulated a petition in support of the Carsel appeal and would support the appeal to allow office uses at this property. Pat Nimer supported the appeal. Felt it was a good use of property and was within walking distance to town. Mrs. Harter, 770 Buchon, opposed the appeal. She felt business had intruded far enough into this old, fine residential area and urged the council to uphold the Planning Commission's denial. Kris Warrick opposed the requested rezoning by the property owner. He felt the character of the neighborhood would be destroyed if continual business and office uses moved into it. Mr. Pinard, 714 Broad Street, opposed to the requested rezoning. He was opposed to commercial uses in.the area. This he felt was not a transitional zone, but a fine residential neighborhood of fine old homes which must be protected for historical reasons. He urged the City Council to support the Planning Commission and not rezone to P -0. Mrs. Bria, 670-Buchon Street, was opposed to business uses. She felt the residential neighborhood should be preserved. Mrs. Pinard,714 Buchon Street, was opposed to the rezoning and felt that the residential uses must be preserved. Most owners she felt were trying to restore the old historical buildings. She urged the council to deny the appeal and support the Planning Commission. Mrs. Rappa, Broad Street, stated she was opposed to the requested rezoning in order not to change the property from R -2 to P -0. She stated that she and her husband lived across the street from the property and were attempting to restore their 80 -year old home to what it was to be an asset to the community and theadditional encroachment of businesses and the type of traffic and parking that this brought to the business area would be detrimental to the entire neighborhood. She felt the neighborhood should be preserved if for no other reason but for the historical interest of the buildings in the neighborhood. City Council Minutes June 7, 1978 - 7:00 p.m. Page 5 Al Harter, Buchon Street, stated he too was opposed to zone change and hoped that the City Council would support the Planning Commission. Joe Rappa, Broad Street, opposed to the requested appeal. He felt the property should stay residential and should be sold or developed for property with families. Mrs. Soderberg, 779 Buchon Street, was opposed to the rezoning and felt the present residential neighborhood was fine and should not be allowed to develop to business. Rob Strong, Planning Consultant, again appeared before the Council stating he felt that no new evidence had been presented by the objectors to the rezoning to substantiate the Planning Commission's denial. He felt that the office uses could also preserve the historical landmarks in the neighborhood. He urged the Council to over -rule the Planning Commission. Richard-Carsel, applicant, submitted a petition that he stated was signed by 332 signers supporting his appeal. The title on the appeal "We urge the City Council to extend the existing P -0 zone approximately 50 ft. to include the residence located at 1426 Broad Street-in order to allow the residence to be improved and preserved as a historical building by using it for professional office space." Richard Carsel then continued that he felt that the Planning Commission had not received all the neighborhood input on the matter. He felt that the general area did not support the Planning Commission's action and would support the requested rezoning action. He then presented a lot -by -lot, block -by -block analysis in the entire neighborhood of people who he claimed supported-his use and requested rezoning as against people who were opposed. He also stated, in order to alleviate any fears of the neighborhood that the employ- ees of the law firm would park on St. Stephen's Church parking lot on working days as this had already been cleared with the minister. ' Mr. Pinard still opposed the rezoning and business uses on Broad Street. Mayor Schwartz declared the public hearing closed. Councilman Settle stated he felt the new evidence submitted to the Council seemed to be different from that of the Planning Commission. He felt that this was a very difficult council decision -- settling neighborhood arguments. He would support the appeal with business and community -- commercial facings on Broad Street and felt that property on Buchon should be protected -- based on the.new information submitted at this meeting. Councilman Dunin stated that this was a difficult decision to decide which neighborhood had a signed petition for the appeal and against the appeal. Would support rezoning as it only affected one property and no detriment to the property on Broad Street. He would rather see the residence used as office rather than rentals. He felt it was an extremely difficult decision. Councilman Petterson stated that, based on the general plan lines, he felt that this rezoning was logical and he did not see any detriment to the neigh- borhood. Mayor Schwartz reviewed for the public, the effect the zoning to P -0 would have on property and the types of business that could go into the area, not necessarily the office proposed by Mr. Carsel. He felt that the neighborhood was viable and not a neighborhood in transition. He felt that he would have to support the Planning Commission's recommendation. It was moved by Councilman Petterson, seconded by Councilman Settle, that the City Council uphold the appeal and instruct the staff to prepare an ordinance rezoning the subject property. Motion lost with Mayor Schwartz and Councilman Dunin voting no and Councilman Jorgensen absent. On motion of Mayor Schwartz, seconded by Councilman Dunin, that the City Council deny the appeal and support the action of the Planning Commission. City Council Minutes June 7, 1978 - 7:00 p.m. Page 6 Motion lost with Councilmen Petterson and Settle voting no and Councilman Jorgensen absent. As there was no decision made on the matter, the rezoning matter was continued to the July 5, 1978 council meeting. Councilman Jorgensen took his place at the Council Table at 8:55 p.m. ' 2. At this time the City Council held a public hearing on the appeal of Motel Six (Federal Signs) from a decision of the Planning Commission in denying a use permit request for 'a sign at 1433 Calle Joaquin in the City of San Luis Obispo. Dan Smith, Senior Planner, presented the action of the Planning Commission as follows. He stated that the Community Development Department received a request to install a larger sign at Motel Six. The existing sign was 16 ft. high and contained 65 sq. ft. It was approved by the Planning Commission when the original motel use permit was approved (1973). The height of the sign was set at 16 ft. up. The height of the sign was set at 16 ft. after the sign was referred to the Design Review Board who recommended a maximum height of 16 ft. consistent with signs in the immediate vicinity. The applicant's most recent request for a larger sign (72 sq. ft. and 25 ft. high) was in conformity to the new sign ordinance adopted by the City Council but not the height limit established in the use permit. The sign request was referred to the Planning Commission as a use permit revision. The Planning Commission at a public hearing on May 3, 1978 reviewed the applicant's request and by a 6 -1 vote denied the request for a larger sign. The Planning Commission indicated that the applicant could install the requested sign under the conditions that: 1) The sign not exceed 16 ft. in height; 2) The sign copy indicating the price of the motel room be removed. The Planning Commission also directed staff to prepare amendments to the sign ordinance to establish special sign standards for this area to reflect the policy of the Planning Commission based on use permit approval. Dan Smith also stated that in the original application for the motel, the use permit was granted under an "S" designation which required a use permit. However, during the general plan hearings and the revisions to the city's zoning ordinance, the "S" designation was removed and, therefore, there was a question as to the viability of going back to the 1973 use permit. Therefore, the staff recommended that the City Council agree with the Planning Commission and deny the 25 ft. high sign and eliminate the room rent price. City Attorney, Allen Grimes, stated that he felt that this item should not be before the City Council and that the Planning Commission had acted.erroneously, possibly on poor advice. A use permit was not needed as the Planning Commission and City Council had removed the "S" designation which required the use permit. He felt that the sign company was entitled to the sign as they applied for as a city right and not as a permit. He also referred the City Council to some recent court decisions that allowed motels to use their logo and show the room rent for the minimum room if that room were available at that price. Henry Engen, Community Development Director, advised that the sign ordinance would prohibit a price sign for this use. The City Council discussed with Dan Smith, Senior Planner, and City Attorney, Allen Grimes, what had happened in their rezoning that allowed the "S" designation to be removed from this particular area which the Council felt was a very sensitive area for the community. It was the consensus that it was one of those things that happened during the mass of rezonings and zone changes to conform to the general plan adopted by the Council. On motion of Mayor Schwartz, seconded by Councilman Settle, that the staff be directed to issue the sign permit applied for and refund the appeal fee of $10.00 to the applicant based on the legal opinion of the City Attorney. Roger Marshal, A.R.C. Member, asked to be heard. City Council Minutes June 7, 1978 - 7:00 p.m. Page 7 Mayor Schwartz withdrew his motion and Councilman Settle withdrew his second so that input could be received from the public. Roger Marshal, A.R.C. Member, objected to the fact that the "S." designation was removed from the C -T zone on the subject property and in this general area, either by error or by design. He urged that the City Council place a moratorium on this operation and on this zone until the zoning could be corrected and the "S" designation returned. Mr. Boswell, representing the management of Motel Six, felt that his company had always tried to cooperate with local agencies and their laws. He stated that the subject sign was in the limits of the adopted city ordinance and all they wished to do was to comply with the city's ordinance, not asking any special variances or special consideration. Russ Johnson, property owner - Broad Street, stated that he supported the comments of the Motel Six representative and urged the Council to leave private business alone. Miss. Jan Lilly, Design Review Board Chairman, was opposed to the Motel Six sign. She did not feel that the ordinance really intended to allow them, even though the words might say that. She felt that this area had been particularly sensi- tive and watched very carefully by the D.R.B. Jess Long, Federal Sign Company, stated that Motel Six sign that they were asking to place on this property was an adopted company logo which was being used at all their units in the country. He also stated that the minimum room rent had also been placed on all the new signs throughout the country as they were replacing them. He felt that the sign met all the conditions of the zoning ordinance and that the sign permit was not applied for until they were sure that they met the conditions of the city code. Rob Strong, Planning Consultant, agreed that the use permit was not needed for the sign and he felt the sign did comply with adopted city ordinances, but that they should be approved by the D.R.B. and the A.R.C. On motion of Councilman Petterson, seconded by Councilman Jorgensen, that the sign permit matter be referred to the staff to forward to the appropriate committee or commissions and a written legal opinion from the City Attorney. Motion carried with Councilman Dunin voting no. 9:15 p.m., Mayor Schwartz called a recess. The City Council reconvened at 9:30 p.m., all councilmen present. 3. . Mr. Douglas E. Glass, Chief Real Estate Division, Department of the Army Corps of Engineers, reviewed with the City Council, the status of the Salinas Dam and the Santa Margarita Lake and the present attempt by the Corps of Engineers to transfer the entire facility including the dam, real estate, water permit, pumps, etc. to the County Water Conservation and Flood Control District. Mr. Glass continued that in all discussions with the County Flood Control and Water Conservation District in transferring the facility to the.county, the water rights and interest in the water would be guaranteed to the City of San Luis Obispo in perpetuity which would guarantee all the safe annual yield of the reservoir as presently guaranteed dnder the present contract and agreements with the Corps of Engineers. Be pledged full support and counsel to the City of San Luis Obispo in protecting their water rights. He suggested that the City and the County governing bodies get together to agree to the conditions of the bill to be introduced in Congress to transfer the facility in order to settle the differences prior to going before the United States Congress and Senate. Clint Milne, County Hydraulic Engineer, stated that at no time had the County of San Luis Obispo intended to do anything to take or hinder the water rights of the City of San Luis Obispo. It was the intention of the county to continue to operate the facility in the best interest of the County and of the City of San Luis Obispo and protect the city's water rights. He continued that one of the main advantages to the County Water Conservation District (only the dam) would be that it could be included in the state -wide plan being developed to incorporate into the county water plan. 1 1 City Council Minutes June 7, 1978 - 7:00 p.m. Page 8 The City Council members and staff discussed various items with Mr. Glass which should be contained or which were not listed in the proposed legislative bill for transfer of the facility. The staff was directed to follow through on this matter with the city's water attorney and engineering consultant and also to work with Mr. Glass and Mr. Milne on this project. 4. At this time the City Council held a public hearing to consider the adoption of a moratorium ordinance on the conversion of rental dwellings to condominiums. Dan Smith, Senior Planner, stated that, pursuant to City Council direction the staff had prepared an ordinance which would establish a one -year moratorium on the conversion of rental units to condominiums. The basis for the urgency ordinance was that the city was preparing a new housing element and a condominium conversion ordinance and that conversions which may occur in the interim period may conflict with objectives, policies and regulations ultimately adopted by the city to address critical housing issues in the community. He continued that the Planning Commission was considering basic policies relative to condominium conversions and new condominiums. Dan Smith continued that it should be noted that the attached ordinance was not intended to prohibit the approval of final.Subdivision Maps for condominium conversions for which a tentative tract map had already been approved, or to prohibit the approval of new condominiums either R -1 PD or condominiums in multiple family zones. Dan Smith concluded by stating that, while the City Council directed the Planning Commission to recommend standards for both new condominiums and conversion condominiums, the moratorium was.intended to apply to conversions only. Staff felt that this was appropriate because: 1) There are separate critical issues which apply to conversions only. 2) There are new condominiums pending in the R -1 zones which would be unduly penalized if the moratorium were to prohibit new condominiums. 3) There are no new condominiums in the multiple family zones being processed and the staff felt that new standards would be adopted before any were submitted and considered by the council. Therefore, the staff recommended that the City Council adopt the attached urgency ordinance establishing the moratorium on conversion of rental units to condominiums or community apartment projects for one year or until the city had adopted a condominium conversion ordinance. Mr. Floyd Hitchcock submitted a lengthy letter objecting to the council's intended action which would prevent the filing of a tentative tract map applica- tion for the conversion of the Southwood Chalet Apartments from being duly reviewed and considered. Said application was filed with the city on January 6, 1978 and he requested that a moratorium not be approved or if approved, that those in process of conversion be exempted from the moratorium. Ms. Rose McKeen, McKeen Realty, submitted a letter in support of condominium conversions in order to allow people to own their own property. Mayor Schwartz declared the public hearing on the moratorium ordinance open. ' Councilman Petterson stated he He felt there were not enough did not feel there was any need applications at this time before for a moratorium. the city and that the Planning Commission could come up in sufficient time with an adequate ordinance. Councilman Jorgensen stated he had no comments. Councilman Settle stated he had no feelings on the matter without additional information as to the problems that conversions are causing within the city. City Council Minutes June 7, 1978 - 7:00 p.m. Page 9 Councilman Dunin stated he felt that the City Council should hold a hearing for input from the people. Mayor Schwartz felt there was no need for a moratorium. Agreed with Councilman Petterson, that there had not been a rush of applicants and he felt the Planning Commission would have sufficient time to do their job on the new ordinance. City Attorney Grimes felt that the proposed ordinance could be defended in court, but felt that adopting an emergency ordinance was a better way to go and could be defended under the Health, Safety and Welfare Laws of the State of California, although the Council should also allow some way for condominiums to be allowed to proceed. Councilman Dunin stated he did not like to get into moratoriums unless there was an agreed need to protect the health, safety and welfare of the citizens of the community. No one appeared to speak in support or opposition to the adoption of a moratorium on condominium conversions. Mayor Schwartz declared the public hearing closed. Mayor Schwartz directed, on behalf of the City Council, that.the staff move ahead as rapidly as possible on ordinance amendments for condominium development and condominium conversions. Dan Smith, Senior Planner, then brought to the Council's attention, the matter of the Peachwood Condominium conversion, tentative tract map No. 727, a 22 -unit development proposed at the north corner of Chorro and Peach Streets and continued from the Council's meeting of May 16, 1978. Dan Smith continued that the purpose of the review of the plan was to evaluate the merits of the project as a condominium as opposed to an apartment development. The applicant was correct in that he did confer with Planning and Building staff about his intent to file a condominium map before issuance of a building permit. Building Code requirements were said to be no different for an apartment and air -space condominium. The Planning Department advised that based on recent decisions for planned developments in multi - family zones the primary issue seemed to be that condominiums should have: 1) At least one covered parking space provided for each unit. 2) Secure storage for each unit provided along with industrial patios and utilities and meters. 3) Some communal recreational amenities are desirable. 4) Accessory parking was desirable but had not been required by other condominiums in multi - family zones. Dan Smith concluded his remarks by stating that the project complied with all staff suggested requirements for covered parking, secured storage, private patios or decks and individual utilities. The sauna and hotbath were to be provided at the opinion of the developer. Sound transmission standards are contained in a recommended condition of approval. Staff felt that the project was suitable from a physical design standpoint to be a condominium. Therefore, if the Council elects to approve the project, the City staff recom- mended that the City Council make the findings and conditions recommended by the Planning Commission and approve the tentative tract map. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3585 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No. 727,-located at 680 Chorro Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None City Council Minutes June 7, 1978 - 7:00 p.m. Page 10 5. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property at 2800 Johnson Avenue from R -1 to R -1 PD or other apaop=iate zoning and consideration of a preliminary develop- ment to construct 18 two - bedroom, single - family units, Jonathan Lindenthaller, applicant. Dan Smith, Senior Planner, stated the Planning Commission at its regular meeting held May 17, 1978, adopted a resolution on a 4 -2 vote recommending approval of ' the planned development and preliminary development plan. He stated that much of the testimony centered around technical problems with the site such as grading, drainage, utilities and access;. recommending approval, the Planning Commission felt that all these problems would be corrected and with planned development zoning the city would have much more control and review than if the property were developed under the R -1 zoning. He stated that they had submitted a staff report and the petition submitted to the condition and a City Council ordinance draft approving rezoning from R -1 to R -1 PD including findings and conditions for the approval. Mayor Schwartz declared the public hearing open. Jonathan Lindenthaller, Architect for the project, reviewed the project for the council's information, which was to rezone the property from R -1 to R -1 PD as this property would be developed as a planned -unit condominium. Two minor creek channels drained through the sites. Slopes ranged from 0 -30+ percent. Six eucalyptus trees were present. Primarily single - family homes surround the area and a 14 -unit planned development has been approved but not constructed across Johnson Avenue west of the site. This proposal was to construct 18 2- bedroom, single - family units and to be sold as a condominium. G.R. Rohrner, 2701 Flora Street, stated he was appearing on behalf of the people who signed the petition for the Planning Commission that they were opposed to ' any development that would allow any density over that allowed in the R -1 zone. He felt that he and his neighbors were quite worried that if this complex went through, they feared that other large vacant lots in the area would develop to higher density and they feared that they would develop into rentals and student housing. He felt that 18 -units were too much for the land and neighborhood. Finally, he did not feel that the developer has really taken care of the water problems and the drains that go through this lot. He again submitted the petition signed by 187 people opposing the rezoning. The main conditions or objections in the petition were: 1) The proposed development represented an unacceptable change to high- density housing in a single - family dwelling area. 2) The proposed development lends itself to rental possibilities much more than single - family dwellings. 3) The proposed development would encourage noise pollution. 4) Due to particular visibility on the Johnson Avenue access, the low curve, they feel for safety of all and the density should be held to a minimum. 5) Considering the particular problems of the property was the maximum acceptable density and should have particular attention paid to the following problems. -- Surface water, ground water, traffic entrance and exit, -- landscaping, proximity to property lines, roofing materials -- and access for emergency vehicles to the site. Mayor Schwartz declared the public hearing closed. The City Council discussed with staff, the planned development under discussion including the planned development conditions. Councilman Petterson stated that the proposed development was not appropriate for the area. Felt it was a difficult lot to handle and did not feel that there had been enough information or study on the drainage.. He did not feel he could support the rezoning. City Council Minutes June 7, 1978 - 7:00 p.m. Page 11 Councilman Jorgensen stated he was worried about solving the drainage problem and felt if this were solved that the proposed project would be a good one. He felt that there was better use of a large parcel of land than straight land subdivisions. He did not feel that these units would be rented due to the high cost and he would approve the development if he was sure that the drainage could be taken care of. Councilman Settle stated that the city could not guarantee that there would not be rentals. He felt the key problem was drainage and felt the drainage study must be completed before approval, although he felt the development looked all right to him if the development were controlled for occupancy. Councilman Dunin felt the neighborhood fear was the density of the lot, the fear that-the units would be rented to student housing and the lack of adequate drainage problems. He stated the neighbors above this property lived in fear each time it rained due to the lack of adequate drainage for the entire area. Mayor Schwartz stated that this was a difficult site to develop. He felt that the PD was the best way to go so that the city could see just what development was going to do before doing it. He could support the PD as it was a reasonable solution to a difficult site and he would support the approval. On motion of Mayor Schwartz, seconded by Councilman Jorgensen, the following ordinance was introduced to print: Ordinance No. 756 (1978 Series), an ordinance of the City of San Luis Obispo.amending the official zone map to rezone property at 2800 Johnson Avenue. Introduced and passed to print on the following roll call vote: AYES: Mayor Schwartz, Councilmen Jorgensen, Petterson NOES: Councilmen Dunin and Settle I ABSENT: None 6. At this time the City Council considered the final passage of. Ordinance No. 755 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property north and east of Buena Vista Avenue. Mayor Schwartz stepped down from consideration of this matter due to a possible conflict of interest. Vice Mayor Petterson presiding. Vice Mayor Petterson opened the public hearing. No one appeared before the City Council for or against the final passage of the ordinance. Vice Mayor Petterson closed the public hearing. On motion of Councilman Dunin, seconded by Councilman Petterson, Ordinance No. 755 (1978 Series) was introduced for final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson and Settle NOES: Councilman Jorgensen ABSENT: Mayor Schwartz ITEM NUMBERS 7,8,9,10 & 11 & C -20 were continued to an adjourned Council Meeting to be held at 12:10 p.m., Wednesday, June 8, 1978. 1 r 1 City Council Minutes June 7, 1978 - 7:00 p.m. Page 12 CONSENT ITEMS C -1 On motion of Councilman Settle, seconded by Councilman Dunin, claims against the city for the month of June, 1978 were approved subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Settle, seconded by Councilman Dunin, the following.minutes of Council Meetings were approved as presented: April 17, 1978 April 18, 1978 April 25, 1978 April 27, 1978 Motion carried. May 1, 1978 May 8, 1978 May 2, 1978 May 3, 1978 May 4, 1978 C -3 On motion of Councilman Settle, seconded by Councilman Dunin, the following contract pay estimates and change orders were approved and ordered paid: Bailey Construction Co. Est. 419 $22,845.00 FIRE STATION 414 City Plan No. B -03 Baker Corporation Est. 411 6,412.50 WASTEWATER TREATMENT PLANT City Plan No. B -19 Camacho & Tennis Landscapers. Est. 413 9,263.35 SOUTH BROAD STREET PLANTING C.C.O. 411 - 2,161.50 City.Plan No. 3 -76 Motion carried. C -4 On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following ordinance was introduced to print: Ordinance No. 757 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the City to rezone property lying between Broad Street, Perkins Lane and Lawrence Drive (City- initiated rezoning). Introduced and passed to print on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Dunin, Settle and Mayor Schwartz NOES: None ABSENT.: None C -5 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3577 (1978 Series), a resolution of the Council of the City of San Luis Obispo relative to the City's annexation into the Arroyo Grande Resource Conservation District. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3578 (1978 Series), a resolution of the Council of the City of San Luis Obispo denying Minor Subdivision No. 78 -84, a request for a lot line adjustment at 48 Buena Vista Street. City Council Minutes June 7, 1978 - 7:00 p.m. Page 13 Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -7 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3579 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative Minor Subdivision Map No. 77 -46, located at 2413 & 2415 South Broad Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -8 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3580 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving the establishment of an emergency communication system to serve the city and the unincorporated area immediately adjacent to the city. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen, and Mayor Schwartz NOES: None ABSENT: None C -9 Proposal by the County Economic Opportunity Commission to develop a Farmer's Market in San Luis Obispo-'at Meadow Park was denied as recommended by the Planning staff as the spot chosen by the EOC was not part of the park land but part of a street. . On motion of Councilman Settle, seconded by Councilman Dunin, the Planning Development Staff was authorized to work with EOC to find an appropriate location. Motion carried. C -10 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3581.(1978 Series), a resolution of the Council of the City of San Luis Obispo concerning Annual Transportation Claims (1) Revising the 1976 -77 claim; (2) Revising the 1977 -78 claim; and (3) Approving the 1978 -79 claim. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None 1 ABSENT: None I C -11 On motion of Councilman Settle, seconded by Councilman Dunin, the recommendation of the staff to enter an agreement with property owners on Johnson Avenue between Marsh and Higuera Streets to widen the north side of the street (Marshal and Shaffer .properties) was approved and the staff was authorized to proceed. City Council Minutes June 7, 1978 - 7:00 p.m. Page 14 C -12 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3582 (1978 Series), a resolution of the City of San Luis Obispo rescinding Resolution No. 3509 (1978 Series) and finding that no.604 -A Water Deficiency is associated with Use Permit Request U -0646 for a Type I or sprinklered commercial building at 999 Monterey Street. Passed and adopted on the following roll call vote: ' AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -13 On motion of Councilman Settle, seconded by Councilman Dunin, the staff requested to revise the 1978 -79 Deficiency Correction Program to reflect the addition of a water main enlargement on Osos from Marsh Street to Monterey Street was approved. Motion carried. C -14 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3583 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Richard W. Martin for construction of a water line for 725 Pepper Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -15 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3584 (1978.Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Walter F. & Sally A. Ross; and Richard W. & Harriet Ross for construction of a water line for Lot 3, Block A of Tract 179. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -16 The recommendation that the City Council consider purchase of the entire Laguna Lake Golf Course property at this time rather than 1/3 at a time as was suggested by the City Council due to the legal complications was accepted and referred to the Council Budget Study on motion of Councilman Settle, seconded by Councilman Dunin. Motion carried. C -17 Communication from James Kimball requesting credit towards water usage from the city of $1;500.00, the amount paid for a faulty fire hydrant was continued to the June 20, 1978 meeting at the request of James Kimball as he felt the city staff did not understand the appeal he was making to the city. It was common concern of the Council that the matter be continued to the June 20, 1978 Council Meeting. C -18 Communication from the City Planning Commission recommending approval of the request of Corda Motors to approve one driveway on Los Osos Valley Road in order to service their new dealerships. City Council Minutes June 7, 1978 - 7:00 p.m. Page 15 The Planning Commission approved the request stating: 1) The property was relatively large and needed a second driveway for circulation through the site, especially loading. 2) The request was for one driveway only, which given the amount of property frontage was reasonable and would not be significant in interrupting traffic flow on Los Osos Valley Road. 3) The Fire Department indicated a preference for a secondary access to the property. On motion of Councilman Settle, seconded by Councilman Dunin, the recommendation of the Planning Commission was approved and the additional driveway access to 1445 Auto Park Way was approved. Motion carried. C -19 On motion of Councilman Settle, seconded by Councilman Dunin, the request of City Engineer for a Study Session to consider the flood maps recently received by HUD defining areas of the community subject to flooding was referred tothe June 13, 1978 Study Session. Motion carried. C -20 Request by Priest, Richmond, Rossi and Montgomery for the city to abandon a 12 ft. wide plan line along Broad Street was continued to the June 8, 1978 Study Session. C -21 On motion of Councilman Settle, seconded by Councilman Dunin, the application from the Southern California Gas Company for renewal of a gas franchise to be issued by the City of San Luis Obispo was referred to the City Attorney for analysis and report to the City Council. C -22 Request from Cal Coast Construction Company requesting that the City Council construct certain modifications to San Luis Creek as part of the Tract No. 592 -- The Meadows Development -- was referred to the city staff for analysis and report to the City Council. C -23 Communication from. the B.I.A. requesting to know what action the City staff had taken on "A Plan for Downtown San Luis Obispo" as proposed by the B.I.A. was ordered received and filed on motion of Councilman Settle, seconded by Councilman Dunin, together with the response of the Community Development Director. Motion carried. C -24 Claim against the city by Glen A. Ritterbusch in the amount of $103,641.60 alleging false arrest was denied and referred to the insurance carrier on motion of Councilman Settle, seconded by Councilman Dunin. Motion carried. C -25 Appeal by Priest, Richmond, Rossi and Montgomery from a denial by the Planning Commission to use a leased portion of the railroad right -of -way for off -site parking purposes at 1402 Marsh Street was set for public hearing upon recommendation of the planning staff. BID ITEMS B -1 City Clerk reported on the following bids received for "THE SANTA ROSA STREET WIDENING PROJECT FROM ROUTE 101 to MONTEREY STREET ", City Plan No. 7 -73; bids opened May 26, 1978: 1) Pacific Western Construction Company 4704 Carmen Avenue Fresno, CA 93703 2) R. Burke P.O. Box San Luis 3) Walter B P.O. Box San Luis Corporation 957 Obispo, CA 93406 rothers Construction Company 809 Obispo, CA 93406 4) Madonna Construction Company P.O. Box 910 San Luis Obispo, CA 93406 $527,473.00 547,386.75 550,648.50 624,615.00 1 1 City Council Minutes June 7, 1978 - 7:00 p.m. Page 16 On motion of Councilman Petterson, seconded by Councilman Jorgensen, that the City.Council accept the low bid of Pacific Western Construction Company and authorize the Mayor to sign the contract. Motion carried. B -2 City Clerk reported on bids received for "REVISIONS TO TRAFFIC SIGNAL INSTALLATION, JOHNSON AVENUE AT LIZZIE STREET ", City Plan No. B -37; bids opened June 2, 1978. Bid estimate: $6,500.00. One bid was received from Lee Wilson Electric Company, Arroyo Grande, California, for $13,851.00. Mayor Schwartz questioned the fact that the City received only one bid and it was almost twice the estimate by the Engineer's Office. Wayne Peterson stated that possible reason for the bid being so high was: 1) Contractors were quite busy at this time of the year. 2). This being a specialized job, there were very few contractors who have the knowledge and expertise to do it, or that were willing to do it. On motion of Councilman Petterson, seconded by Councilman Jorgensen, the bid of Lee Wilson Electric Company was accepted. Motion carried with Mayor Schwartz voting no. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting at 12:10 A.M., June 8, 1978 to 12:10 p.m., June 8, 1978. APPROVED: July 18, 1978 i atrick, City Clerk ----------------------- - - - - -- I-N-U-T-E-S ------------------------------ ADJOURNED MEETING OF THE CITY COUNCIL THURSDAY, JUNE 8, 1978 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call Councilmen PRESENT: Ron Dunin, Steve Petterson, Allen Settle and Mayor Kenneth Schwartz ABSENT: Jeff Jorgensen City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Roger Neuman, Police Chief; Jim Stockton, Director of Parks and Recreation; Wayne Peterson, City Engineer; Jim Petroni, Arson Investigator; Henry Engen, Director of Community Development; Dan Smith, Senior Planner C -20 Request by Priest, Richmond, Rossi and Montgomery that the Council abandon a 12 ft. wide plan line along Broad Street, Highway 227 -- between Marsh and Pacific Streets. The purpose of the abandonment would be that the property owner could develop plans for a new office building, and the 12 ft. wide plan line reserved for future widening severely restricts useable use of the site. As a professional planner, Rob Rossi stated that he felt it was very unrealistic that the City would ever pursue the widening of Broad Street because many existing old homes