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.
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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.
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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
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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
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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