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HomeMy WebLinkAbout07/18/1978City Council Minutes July 18, 1978 Page 2 Donald F. O'Connor for term ending June 30, 1982 Elizabeth Perez -Rose; two year term ending June 30, 1980 Charles Lenk, one year term expiring June 30, 1979 Mayor Schwartz seconded the nomination. Nominations approved by the City Council with Councilman Dunin absent. ' C. Councilman Jorgensen nominated and Mayor Schwartz seconded the follow- ing appointments to.the Human-Relations Commission for the terms ending June 30, 1982: Perry C. Conner Melanie Sand (Simmons) Gail Sorenson Approved by the City Council with Councilman Dunin absent. D. Councilman Jorgensen nominated and Councilman Settle seconded the appointment of Dr.. Walter Rice to be the City's representative to the Citizens' Advisory Committee to the Area Council of Governments. Motion carried, Councilman Dunin absent. 1. At this time the City Council held a public hearing on Ordinance No. 767 (1978 Series), an ordinance of the City of San Luis Obispo granting to Pacific Gas and Electric Company, its successors and assigns, the franchise to use for transmitting and distributing electricity, etc. Allen-Grimes, City Attorney, briefly discussed the provisions of Ordinance No. 767 for 'the Council's information and. for the. information of the public present. Mayor Schwartz declared the public hearing open. Joe Kelly, Attorney for PG &E, appeared in support of adopting the ordinance granting the franchise to his company. Vic Montgomery asked for clarification of some of the provisions in the proposed franchise ordinance. 7:15 p.m., Councilman Dunin arrived at the meeting. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, Ordinance No. 767 was introduced to print as amended. Introduced and passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None NOTE: The amendment was in Section 14 dealing with undergrounding by adding subparagraph a) stating the city's interest in undergrounding utilities as expeditiously as possible: Subparagraph a) became-b) and subparagraph b) became c). ' 2. At this time the City Council held a public hearing to consider an appeal by the Federal Sign Company for Motel 6 on Calle Joaquin from a decision of the Architectural Review Commission regarding reduction in size and limiting the wording on the copy. Dan Smith, Senior Planner, presented the recommendations of the A.R.C. to the City Council. He stated that the applicant's sign request was referred to the A.R.C. by the City Council. The Council referred the request by a provision in the sign ordinance requiring A.R.C. approval when sign requests did not appear to meet the purpose and intent of the ordinance although they may con- form to the standards. The Council's action was taken after it found that the Planning Commission's conditions of approval on the sign were invalid because of a zone change on the property which removed the "S" use permit requirement. City Council Minutes July 18, 1978 Page 3 The A.R.C. approved the applicant's sign request subjec.t to the following conditions: 1) Sign height not to exceed 16 feet. 2) Motel 6 logo only to be on the sign face with no additional copy indicating the price of the rooms or nationwide as the applicant requested. Dan Smith stated the A.R.C.'s finding was based on the fact that 16 feet was the prevailing sign height in the immediate area for uses in the same zone and the applicant's sign should be similar in height to protect adjacent businesses and too, the additional sign copy detracted from the aesthetics of the sign face and were not necessary to identify the business. Therefore, the A--R.C. recommended that the Council deny the appeal and approve the request with the two conditions submitted. City Attorney Allen Grimes stated: 1) he did not feel the A.R.C. could take the action to limit the size of the sign.when it.was: allowed in the zone in which the property exists; and 2) he did not feel that the copy could be con- trolled by a local agency other than what was authorized in the city ordinance. He felt that the City Council, if they wished to support the A.R.C.'s contention, should adopt an urgency ordinance which would limit signs in all C -T zones to 16 feet, or the City.Council could adopt_a moratorium ordinance giving the city Planning Commission time to study the zoning in this general area. Mayor Schwartz declared the public hearing open.. Charles Long, President - Motel /Hotel..Association, objected to the Council's attempt to add the "S" to a motel zone in order to limit the sign height. He felt that the city had just adopted a new sign ordinance which allowed this particular motel the height of sign that they desired. He also felt that it was wrong to try to change things after the city had spent a lot of time adopt- ing sign and zoning ordinances. Jack Gray, representing the Federal Sign Company of Los Angeles, spoke in support of allowing the 25 feet high-sign for Motel 6 and also the need for the single unit rent sign which was part of a nationwide advertising program with which they are trying to identify the entire chain. They did not object to the reduction in the.height of the sign but they needed the price sign to identify their operation. Charles Andrews, Chairman of the Planning Commission, reviewed the Planning Commission's action '-,which was to reduce the height of the sign and.to not allow the inclusion of the'-room rental rate in the sign. .He.stated that he had per- sonally studied signs from Los Angeles to King City and no Motel 6 in this strip of Highway 101 showed thepprice sign. Mayor Schwartz declared the public hearing closed. Councilman Settle stated he agreed that the price should not be shown and the sign should be left at 16 feet. Councilman Dunin agreed with Councilman Settle and stated that the price should not be part of the name of the hotel. He would not support-the appeal. Councilman Petterson stated. that he would support the Planning.Commission, the A.R.C. and City Council in this matter. Councilman Jorgensen agreed with all previous comments regarding the height and copy he felt that the appeal should be denied and he would support a moratorium ordinance in the C -T zone so that the Planning Commission would have time to establish the "S" classification. Mayor Schwartz agreed with the Planning Commission,.the A.R.C. and the Council comments this evening to deny the appeal and adopt an urgency ordinance for the 16 ft. limit. 1 7I LA City Council Minutes July 18, 1978 Page 4 On motion of Councilman Settle, seconded _by.Councilman:Jorgensen,:the follow- ing ordinance was introduced: Ordinance No. 768-(1978 Series), an urgency ordinance of the City of San Luis Obispo amending municipal code section 9704.3, relating to signs in commercial and industrial zones. Finally-passed as an urgency matter on.the_ following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None The City Council then directed the Planning-Commission, through the staff, to prepare alternative suggestions for a new ordinance in the C -T zone. On motion of-Councilman Settle; seconded by Councilman Jorgensen, the appeal of Federal Signs on behalf of Motel 6 was continued for 90 days. Motion-.carried, all ayes. 3 -A. At this.time the City Council considered the final passage of Ordinance No. 760 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 1451 Andrews Street (city - initiated rezoning). c Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Mayor Schwartz, Ordinance No. 760 was introduced for final passage. ' Finally passed on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz NOES: -None ABSENT: None 3 -B. At this time the City Council considered the.final passage of Ordinance No. 761 (1978 Series), an ordinance of the City of San Luis Obispo.amending the official zone map of the city to rezone.property at-1625 through 761 Monterey Street. Mayor Schwartz declared the public hearing open: No one appeared before the City Council for or against the proposed zoning change. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded. by Mayor Schwartz, Ordinance No. 761, was introduced for final passage. Finally passed on.the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson; Settle.and Mayor Schwartz NOES: None ABSENT: None 3 -C. At this time the City Council considered the final passage of Ordinance No. 762 (1978 Series), an ordinance of the City of San Luis.Obispo amending the official zone map of the city to rezone property at 3750 Bullock Lane. Mayor Schwartz declared the public hearing open. No one appeared before the City'Council for or against the proposed zoning change. Mayor Schwartz declared the public hearing closed. City Council Minutes July 18, 1978 Page 5 On motion of Councilman Settle, seconded .by.Mayor.Schwartz,_Ordinance No. 762 was introduced for final.passage. Finally passed on the.following roll call vote: AYES: Councilmen Dunin,.Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 3 -D At this time the City Council considered the final passage of Ordinance No. 763 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone.map of the city to rezone property:at:1101::and-1107 Laurel Lane and 1010 Orcutt Road. Mayor Schwartz declared the public- hearing open:: No:one.appeared:before the City Council for or-.against the-proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by.Mayor Schwartz,'Ordinance No. 763 was introduced for final passage. Finally passed on.the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and..Mayor Schwartz NOES: None ABSENT: None 3 -E. At this time the City Council considered the final passage of Ordinance No. 764 (1978 Series), an ordinance of.the City.of San.Luis Obispo amending the official zone map of the city to rezone property at 1122 Laurel Lane. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Mayor-Schwartz, Ordinance No. 764 was introduced-for-final-passage. Finally passed on the following roll call vote: AYES: Councilmen Dunin, Jorgensen,.Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 4. The City Council considered the final passage of Ordinance No. 765 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map to prezone property known as the Foothill Annexation. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed prezoning. Mayor Schwartz declared the public hearing closed. The City Council discussed the.proposed prezoning ordinance-and it was determined that the City would hlep the developer to acquire land that was required to make the development work in placing full improvements on Foothill Blvd. from the entrance street to the west limits of the tract. On motion of Councilman Settle, seconded by Councilman Petterson, Ordinance No. 765 was introduced for.final passage. Finally passed on the following roll call vote: AYES: Councilmen Settle, Petterson, Dunin and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None City Council Minutes July 18, 1978 Page 6 5. Communication from R..Muravez, Finance Director, regarding a commun- ication from S. Greg Muma,.2041 Beebee Street, requesting an.adjustment in his water bill for the period 11/17/77 through 1/17/78 due to alleged over - changes. R. Muravez, Finance Director, reviewed for the City Council studies made by his department in reviewing the water useage on Mr. Muma's property stating they could find no error in.their calculation and no malfunctioning in the meter. He felt.the City Council should support the city staff, order the pay- ment for the water bill, but allow Mr. Muma a 90 day extension for payment of the water bill. Mayor Schwartz asked if Mr Muma was in the audience. He apparently was not there. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council approve the recommended action of the city staff. - Motion carried, all ayes. 9:00 p.m., Mayor Schwartz declared a recess. 9:10 p.m., the meeting reconvened with all Councilmen present. 6. The City Council considered the updated staff report and legislative draft ordinance relative to occupancy limits which was continued from the June 7, 1978 Council meeting. Councilman Petterson stepped down from the Council Table due to a possible con- flict of interest. Mayor Schwartz reviewed.the Council deliberations to date on the matter of occu- pancy in the various zones in the city and the various suggestions discussed by the Council and also review the definition of "family" as it presently exists ' in the city ordinance and has so existed for a number of years. Mayor Schwartz declared the public hearing open. Henry Engen, Community Development Director, again reviewed the studies of the City Council, the studies prepared by the City -Cal Poly -Ad Hoc Committee and disucssions of the last Council meeting. He then reviewed for the City Council, the staff's best thinking and recommend- ation for amendment to.the zoning ordinance called "Alternate II -A ": The following subsection will be added as Section 9200.16(I): I. DWELLING UNIT OCCUPANCY LIMIT 1. R -1 Districts A dwelling unit in an R -1 district shall not be occupied by more than one family and two persons unrelated to the family, or by more than three unrelated persons. A family is defined for purposes of this section as persons related by blood, marriage, or adoption. 2. R -2, R -3, R -4 and R -H Districts a. The occupancy limit for R -1 districts shall apply provided, however, 1 that a unit with two or more bedrooms may be occupied by not more than four unrelated persons, if the owner before renting the premises files an Occupancy Affidavit showing compliance with the follcryTing requirements: 1. At least two (2) off - street parking spaces shall be provided. 2. The parking location, layout, dimensions, and access shall comply with Section 9200.16.1, Parking Regulations. 3. The owner agrees to permit Fire Department, Community Development Department and Health Department inspections upon reasonable notification. City Council Minutes July 18, 1978 Page 7 b. A dwelling unit may be occupied by not more than five unrelated individuals upon obtaining board.of adjustment approval of the permit showing compliance "with the following requirements: 1. At least three (3) off - street parking spaces shall be provided. 2. The parking location, layout, dimensions and access shall comply with Section 9200.16.1, Parking Regulations. 3. The owner agrees.to permit Fire Department,.Community Development Department, and Health Department inspections 'upon reasonable notification. c. A dwelling unit occupied by six or more unrelated individuals shall be considered a boarding or lodging house and may be permitted in R -3, R -4 and R -H districts upon obtaining Planning Commission approval of a use permit prior to occupancy. 3. Responsibility for Compliance Both the occupants and the owner of the dwelling unit shall be responsi- ble for complying with the limits set forth in this section.. A violation of any of the provisions of this section shall constitute a misdemeanor punishable in accordance with the provisions of Article of this code. Joe Arsenio,CChdirman of the Ad Hoc - City -Cal Poly Housing Committee, reviewed for the City Council, on behalf of the Committee, their updated recommendations dated July 18, 1978 which supplemented the II -A recommendation of the city staff. Don Smith felt the Council should also consider the effects the three -plus occupancy law has on condominiums. He felt that in the proposal of the city staff, no mention was made of attempting to control occupancy and.limits of such occupancy in condominiums and hoped the City Council would consider this. Steve Nelson, member of the Cal Poly- City -Ad Hoc Housing Committee, stated he did not realize the cost to the taxpayers to implement the recommendation which included occupancy permits, use permits, hearing and the activities of the police and fire inspection and he wondered what the cost - benefit ratio was to this. He urged the Council to adopt the least costly alternative and enforce only those matters on a complaint basis. Gayle Moyse, Fixlini Street, again objected to the lack of enforcement on the part of the city on legally converted residential buildings into apartments at the corner of Fixlini and Lizzie Streets and wondered why the city did not do something about this particular problem. Vic Montgomery felt that the overall problem of occupancy limits was overempha- sized and was not as big a problem compared to the cost involved for the Police Department, the Fire Department and the Community Development Department. Larry Robinson, ASI Student Body President, felt that the City Council should very simply set a limit of fouruunrelated persons in all zones without permit and that when five or more unrelated people wished to use a residence, they should then get a permit and then require the inspection. They felt in this way the cost would be limited and the problem would be taken care of. Anna Alexander stated that she supported the staff's recommendation of II -A. Mayor Schwartz declared the public hearing closed. Councilman Settle stated that he could accept II -A as recommended by the Planning Commission and enforce as needed on a complaint basis. He felt that II -A answered most problems but would allow the Planning Commission to look into alternatives. City Council Minutes July 18, 1978 Page 8 Councilman Dunin stated he too would support Alternative II -A, hoped the City would recover costs through fees and that the property owner should pay the cost for permit. He felt that the matter of condominiums should be specifically addressed when the Planning Commission held their hearing. Councilman Jorgensen stated he would support Alternative II, and felt that the occupancy affidavit was necessary for the R -1 District. He also felt that when five or more unrelated people were involved, they should get per- mits from the Board of Adjustment. He also felt that special considerations should be looked at for condominiums. He felt permits should run with the land but should be enforced on complaint -only basis. Mayor Schwartz stated he would support Alternate II -A and hoped the Plan- ning Commission would use this as a base for study, but he would not ob- ject to slippage either way. On motion of Mayor Schwartz, seconded by Councilman Settle, that the matter of occupancy limits be referred to the Planning Commission to hold a public hearing, noting that the Council preferred the provisions of II -A as presented by the staff, but that the Planning Commission was to be free to make whatever adjustments were necessary. They were also to consider special considerations for condominiums. Motion carried with Councilman Petterson absent. Councilman Steve Petterson returned to his seat at the Council Table. 7. At this time the City Council considered an ordinance amending the Municipal Code, Section 5220, Article V to amend the Hazard Abatement Program. Mikel Park, Battalion Chief, presented for the Council's consideration, a legislative draft of an ordinance amending Municipal Code, Article V, Chapter 2, Part 2, concerning regulations and procedures for the abatement of fire hazards, weeds, etc. He reviewed the various provisions of the ordinance and felt that it was an update and that the people would still be protected as far as the notice and the buildings were concerned. On motion of Councilman Jorgensen, seconded by Councilman Petterson, the following ordinance was introduced and passed to print: Ordinance No. 769 1978 Series), an ordinance of the Council of the City of San Luis Obispo amending the Municipal Code Article V, Chapter 2, Part 2 concerning regulations and procedures for the abatement of fire hazards, weeds, etc. Introduced and passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Dunin, Settle, and Mayor Schwartz NOES: None ABSENT: None 8. The Traffic Committee Minutes of April 7, 1978, and the Traffic Engineer's Quarterly Report was accepted and ordered received and filed on motion of Councilman Jorgensen and seconded by Councilman Settle, except that the recommendation on the crosswalks would continue as of the present and they would not be painted. Motion carried. It was the consensus of the City Council that when bids are called for sample area of the Mission Plaza style sidewalk on Chorro Street, that one crosswalk be included as an alternate in the bids for the Council's information. 9. Communication from Jim Stockton, Park & Recreation Department, requesting that the City Council consider a change of development priorities in Sinsheimer _Park using a portion of the 1976 State Bond Acts Monies previously allocated to the park. City Council Minutes July 18, 1978 Page 9 He stated that the need at the present time was the completion of the softball field for lighting,letc. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3615 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving funds from the 1976 State Bond Act originallyjrequested for Phase III, Sinsheimer Park Development, be diverted and reap'propriated for a different project; namely, lighting Sinsheimer Softball Field. , Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None CONSENT ITEMS C -1 On motion of Councilman Jorgensen, seconded by Councilman Settle, claims against the city for the month of July 1978, were approved and ordered paid subject to the.approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Jorgensen, seconded by Councilman Settle, the minutes of the following Council meetings were approved as presented. May 16, 1978. June 7, 1978 - 12:10 P.M. June 13; 1978 May 23, 1978 June 7, 1978 - 7:00 p.m. June 19, 1978 May 30, 1978 June 8, 1978 June 20, 1978 - 12:15 P.M. June 5, 1978 June 12, 1978 June 20, 1978 - 7:00 P.M. DRAFT Motion carried. C -3 On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3616 (1978 Series), a resolution of theCouncil of the City. of San Luis Obispo granting final approval of Parcel Map SLO- 78 -09, located at 150 Cerro Romauldo (Walter Ross, applicant). Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson, and Mayor Schwartz NOES: None ABSENT: None i C -3 On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3617 (1978 Series), a resolution of the'Co'uncil of the City of San Luis Obispo approving an agree- ment between the City and Walter F. Ross, etal, for a common access driveway (Cerro Romauldo Avenue and Rosita Street). Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Schwartz NOES: None ABSENT: None City Council Minutes July 18, 1978 Page 10 C -4 On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3618 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative Minor Subdivision No. 78 -129, located at 2115 & 2119 King Street. Passed and adopted on the following roll call vote: ' AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None C -5 Request from Frank T. Lebens, 3295 Flora Street, requesting that a portion of Flora Street adjacent to his property be abandoned in his favor was referred to the City staff for investigation and report on motion of Councilman Jorgensen, seconded by Councilman Settle, all ayes. C -6 Communication from the Advisory Board of Directors of the B.I.A. approv- ing the extension of the B.I.A. Administrator's contract, Robert Corcoran, for one -year with an increase in salary from $7,200 to and requesting the City.Council to direct the Attorney to write up the new contract reflecting these changes was denied on motion of Councilman Jorgensen, seconded by Councilman Settle, due to an opinion by the City Attorney that this contract was also subject to Proposition 13 was freeze. Motion carried, all ayes. C -7 On motion of Councilman Jorgensen, seconded by Councilman Settle, Project Schedules dated July 1, 1978, for the months of May & June, 1978, were ordered received and filed. Motion carried. At this time the Council adjourned to Executive Session. City Council recon- vened to Regular Session with all Councilmen present. There being no further business to come before the Council, Mayor Schwartz adjourned the meeting to Monday, July 24, 1978 at 12:10 p.m. APPROVED: J Fitx tErick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JULY 24, 1978:- 12:10 p.m. HEARING ROOM, CITY HALL, 990 PALM STREET STUDY SESSION Roll Call Councilmen I PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Bob Anderson, Technical Writer; Wayne Peterson, City Engineer; Henry Engen, Director of Community Development; Emmett Dingel, Planning Aide; Jon Ecklund, Planning Assistant; Allen Hopkins, Planning Technician