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HomeMy WebLinkAbout09/05/1978City Council Minutes August 16, 1978 Page 4 Robert Strong asked special-consideration of this case in order to proceed with the grading without-city staff approval of final plans. On motion of Mayor - Schwartz, seconded by-Councilman Settle, the request was continued and-the matter.referred.to staff to proceed as rapidly as possible on the final subdivision maps and were authorized to retain a consultant to prepare the plans.and.specifications. Motion carried. 5. Communication .- from.Cal..Trans, -State of California, notifying the City Council that they were proposing to initiate studies for the revision of the bridge and adjacent.channel at the intersection of Marsh and Higuera Streets in San Luis Obispo. The relocation.of the - easterly ramps of the Marsh Street interchange would be included in some study alternates. The concurrence of the city was requested in this proposal. The purpose of the study would be to define.the transportation problem at the study location; to assess alternative proposals, to determine scheduling of project development elements; to.describe environmental, sociological,.and economic effects; and to suggest coordination activities requisite to a suitable.solution. They.offered, if the Council so desired, for an informational meeting between the various staff before arranged prior to the formal initiation of studies. The meeting would be well publicized and open to the general public. On motion of Councilman Petterson,. seconded by Councilman Settle, City Engineer Wayne Peterson and Public Services Director D.F. Romero were appointed as city staff.representatives.to follow along on.this project. 6. There being no further business to come before the City Council, the Mayor adjourned the meeting at 2:10 p.m. APPROVED: itzpatrick, City Clerk M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 5, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen K. 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; Terry Sanville, Senior Planner; Jim Stockton, Director of Parks and Recreation; Wayne Peterson, City Engineer; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services 1. The City Council held a public hearing on Resolution No. 3628 (1978 Series), a resolution of the Council of the City of San Luis Obispo requiring curb, gutter, sidewalks and driveway ramp improvements on portions of South and Brook Streets in the City of San Luis Obispo. -- City Council Minutes September 5, 1978.. . Page 2 D.F. Romero, Public Services Director, reviewed for the City Council what improvements were to be done and which properties. Mayor Schwartz declared the public hearing open. Mrs. Pauline Dubin submitted a letter objecting to and gutter on her property due to the cost and.due which would be reflected in her property taxes. Mrs. Rose Barger, 175 Brook.Street, stated she was of the curb and driveway ramp as she felt that.the be taken care of first in the area, then make impr, .the installation.of curb to -the value of the property opposed to:the installation flood control problem should Dvements to the land.:. Mrs. A.M. Dunn was in support of the improvements but also was interested in some flood relief for the neighborhood.:. .. Jim Bowers, 195 Brook Street, stated he was in support:of-the.improvements on Brook Street and South Street.. Mayor Schwartz declared the public hearing. closed. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. .3655 (1978 Series), a resolution of the Council of the City of San Luis Obispo determining that public con- venience and.necessity required construction of :certain improvements. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None 2. Councilman Petterson left the meeting due to a possible conflict of interest. The City Council considered the final passage of Ordinance No. 772 (1978 Series), an ordinance of the City of San Luis Obispo amending Municipal Code Article XI, Chapter II, Zoning Regulations, establishing dwelling unit occupancy limit. Mayor Schwartz reviewed for the public present and the City Council, the history of this amendment to the zoning ordinance over the last nine months and that final solution was a compromise in an attempt to placate all sides of the controversy. Mayor Schwartz declared the public hearing open. Don Grant, 338 Christina Way, submitted a letter opposing the City Council's decision and urged the Council to include provisions that would provide some leeway to both renters and landlords in the R -1 zones. He suggested that a provision of the law be made that R -1 zones could be rented to four persons provided the houses had bedrooms and that there four legally confirming off - street parking spaces on the property. Mrs. Evelyn DelMartini, appeared before the Council, questioning some of the procedures for follow -up on provisions of the new ordinance. She was particularly concerned about the cost of the additional staff that would required in order to enforce the ordinance and she also wondered how many.people would be required on renewals of various permits. Henry Engen, Community Development Director, stated that the permit procedure was a one time fee and that the additional staff of the program would only be part -time and would not be absorbed, hopefully, into full city employment. Harry Busselin, Skylark Drive and member of the Ad.Hoc Citizens Committee, felt that the fear that most citizens of the city had in this problem was that after the City Council adopted the ordinance there would be no enforcement of the ordinance as is what happened since 1965 when the provisions were first put in. He hoped that the City Council would direct the city staff to enforce the ordinance on this occupancy limit. City Council Minutes September 5, 1978 Page 3 Joe Arsenio, Chairman of the Ad Hoc Committee, also felt that the ordinance would only be successful if the City Council saw to it that the city staff enforced the provisions as he felt that the present provisions had been the law for many years and had never been enforced in any way by the staff which he felt had brought the city to a very disrupted living conditions in the R -1 zone. Vic Montgomery, stated that he was opposed to the passage,of the ordinance. He felt it was a wrong approach. He also did not feel that enforcement on a complaint ' basis was the way to go. He felt the ordinance should either be enforced or not enforced and not just handled on neighbor's complaint. He also feared that the Council would use this ordinance to force the property owners to improve proper- ties with the permit which would include street improvements under the guise of occupancy limits. Walt Lambert, Ad Hoc Committee member, stated that he had always been opposed to the ordinance as presented but felt that it might be a good compromise although he felt that the ordinance was in violation of the State Housing Act and hoped the Council would look into the legality of enforcing of the occupancy limits. Mayor Schwartz declared the public hearing closed. Councilman Settle stated he would support the compromise ordinane. He felt that all groups involved.had gotten something. He also would support the full -time enforcement for the various city ordinances. Councilman Dunin stated he, too, supported the ordinance and agreed with general statement of Councilman Settle and was also quite concerned over the enforcement provisions as he felt that to date no enforcement of city ordinances were carried out in the city. Councilman Jorgensen stated he supported the ordinance, felt the ordinance was a compromise, and felt the Council wanted the ordinance provisions to be enforced and that the Council should direct the staff to do their job and enforce the city laws. Mayor Schwartz stated he, too, supported the ordinance. He felt it was a compromise revision of all groups involved and actually liberalized the pro- visions of the existing ordinance dealing with occupancy. On motion of Councilman Settle, seconded by _Councilman Jorgensen, the following ordinance was introduced for final passage: Ordinance No. 772 (1978 Series), an ordinance of the City of San Luis Obispo amending Municipal Code Article IX, Chapter 2, Zoning Regulations, establishing a dwelling unit occupancy limit. Finally passed on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson Councilman_Petterson returned and took his place at the Council table. 3.A The City Council considered the final passage of Ordinance No. 773, (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property on Pismo Street between Osos and Chorro Streets, a city initiated rezoning. Mayor Schwartz declared the public hearing open. No one appeared before the Council for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, Ordinance No. 773 was introduced for final passage. Finally adopted on the following roll call vote: City Council Minutes September 5, 1978 Page 4 AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 3.B The City Council considered the final passage of Ordinance No. 774 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone.property on Pacific Street between.Carmel and I Archer Streets, a city initiated rezoning. 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 Jorgensen, seconded-by Councilman Settle, Ordinance No. 774 was introduced for final passage on the following.roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 3.0 The City Council considered the final passage of Ordinance No. 775 (1978 Series), an ordinance of the City of San Luis Obispo.amending.the official zone map of the city..to.rezone property at.2048 Ward..Street.and 615 High Street, a city initiated.rezoning. 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 Jorgensen, seconded by Councilman Settle, Ordinance No. 775 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 The City Council considered the final passage of Ordinance No. 776 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 735 High Street, city initiated rezoning. Mayor Schwartz declared the public hearing open.. No one appeared before the City Council for or against the final passage of the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, Ordinance No. 776 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None r ABSENT: None 3.e The City Council considered the final passage of Ordinance.No. 777 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property between Highway 101 and San Luis Creek at Bianchi Lane, a city initiated iezoning. City Council Minutes September 5, 1978 Page 5 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.Dunin, seconded by Councilman Petterson, Ordinance No. 777 was introduced-for final passage. Finally passed on.the following roll call vote: I AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None 4. The City Council considered the recommendation of the Planning Commission to-approve the tentative map for Tract 683, Valleycrest Land Company, a 103 lot residential subdivision on 25.8 acres of land at 850 Los Osos Valley Road.between Descanso Street and the westerly city limits, zoned R -1 and A /C -40. Dan Smith, Senior Planner, presented the.recommendations of the Planning Commission stating.that the_d6veloper,.in addition to developing 28.8 acres for single family residential property with dedicating 52 acres within the lake to the city. The Planning Commission recommended the Council reconsider its policy dealing with the flood storage capacity of Laguna Lake by.requiring the volume.of.material deposited between the 118' and 126' elevation be balanced with an equal extraction of material..between the same elevations. The Commission unanimously recommended additional dredging of the lake arm Prefumo Creek channel to provide for siltation storage without diminishing the flood control capacity of the lake. The-Commission felt that.solution would be more desirable in using Lot 104 as a borrow area. No grading should take place on Lot 104 which would designated as permanent open space. He then reviewed..the seven.findings and 24 conditions for adoption of the tenta- tive map. Wayne Peterson, City Engineer, announced that that afternoon he had received information from the Corps of Engineers that based on their flood control studies of the San Luis Creek Basin, that the elevation of Laguna Lake should be 127' elevation, not 126'. Charles Andrews, Chairman of the Planning Commission, reviewed for the City Council, the Planning Commission's consideration on the adoption of this tract and felt that their recommendations should be subject to the findings and con- ditions. He also reviewed some of the mitigating features discussed by the Planning Commission from potential flood hazards. Jack Caldwell, President of Valleycrest Land Company, appeared before the City Council, requesting that the Council approve the tentative tract map with all the conditions submitted by the Planning Commission and stated that they would concur with all.those conditions. Mayor Schwartz.stated that he could-support the Planning Commission recommenda- tion including the seven findings..and conditions but he felt that the documenta- tion should be changed to take into consideration the 127' elevation required by the Corps of Engineers. C. Councilman Settle agreed.with the Mayor's.statement and stated he would also prove and support dredging of the Prefumo Canyon Lake arm. Councilman Dunin stated he, too, would support the subdivision and the condi- tions as placed by the Mayor, would approve the tentative map and he also felt the fill should come from the Prefumo Canyon Creek arm. Councilman Petterson stated he would support the approval of the tentative map with the Planning Commission's conditions and findings. City Council Minutes September 5, 1978 Page 6 Councilman .Jorgensen..stated.he_ would support, reluctantly,,.the recommendation of the Planning Commission to approve the tentative map.-of this tract. He felt the city should have protected the lake for public access along time ago and not allow development on the lake shore. He also felt the shoreline lots were quite.small and hoped.the developer would reconsider - their.location and size. On.motion of Councilman Dunin, seconded.by Councilman Jorgensen, the following resolution was introduced: .Resolution.No. 3656 (1978-Series), a resolution of the Council of the City of San Luis Obispo granting approval of the tentative tract map 683 located.at 850.1os Osos Valley Road subject to the seven findings and 24 conditions placed thereon by the Planning Commission. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 4.A The City Council discussed the recommendation of the Public Services Director,.that as part of the approval of Tract 683 that the.developer be allowed to excavate material from the Prefumo Lake arm and truck it to the subdivision site. Henry Engen, Community Development.Director, objected to the Council taking this action at this time due to the fact that no grading plan_had.been presented by the developer for movement of this dirt and he felt that a grading plan should be submitted in order to.guarantee protection of adjacent properties and the filing of the necessary bonds and guarantees. A long discussion was held -by the Council -on '_the.. developer. for..requiring a grading permit prior to the filing of the necessary-maps, bonds, etc. After I some discussion, the matter was continued for the next step by the developer who had requested the special grading permit from the City Council. 5. The City Council considered the introduction of Ordinance No. 778 (1978 Series ),.an.ordinance.of.the..City of.San..Luis..Obispo providing for the granting of franchises for community antenna, television systems in the city, providing terms and conditions for..the.operation of such community antenna television system and fees therefor and repealing Ordinance No. 244 and 288. On motion of..Councilman Dunin, seconded by Councilman Petterson, Ordinance No. 778 was introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson,.Settle..and:Mayor Schwartz NOES: None ABSENT: None 6. The City Council considered a request by.the developers of property at 660 Higuera Street.for a variance.from.building code standards which would allow construction of combustible materials in Fire Zone.l comprising awnings adjacent to the city parking lot at 660 Higuera Street. Dan Smith submitted the analysis by the staff which stated that the Uniform Building Code did not-allow variances in.the Fire.Zone_l.for_ construction of combustible material..unless_ they. were. protected by.at...least..20.:..from.the property line. In discussing.this.problem, the ..staff- recommended..that..no further encumber - ment of the parking lot by easements.be made with an.exchange of covenants which would agree to allow the parking lot to be considered as public property until such time as the property is sold or built upon. When and if that occurred, the property owners agreed to make whatever changes necessary to make the building comply with the building code in effect at that time. Staff felt that this would be a fair way of getting what the city wanted, attractive buildings on this parcel of land. As far as an encroachment or.variance on the rear property line, this was impossible as the city did not own the property, which would be needed in order to grant the encumbrance. 1 City Council Minutes September 5, 1978 Page 7 The'City Council held_a long:discussion.with the staff.on.some way to give the applicant some type_of_a, permit into.the parking.lot so.-that-they could use canvass awnings-as-directed by staff and - various.advisory.boards to the city. On motion.of Councilman. Petterson ,;:seconded.by.Councilman Jorgensen, the staff was directed to bring back to.the.necessary covenants for the City Council's ' consideration which would allow the developer to place combustible awnings over the city -owned property. Motion carried, all ayes. 9:05 p.m. Mayor Schwartz.declared a recess. 9:20 p.m. The meeting reconvened with all Councilmen present. 7. The City Council considered a recommendation of the Planning Commission to approve. he final.map.and.subdivision agreement for Tract No. 592 "The Meadows ", a 92-lot-residential subdivision on the west side of Higuera Street between Los Verdes Park and the Creekside Mobile Home Park. Wayne Peterson, City Engineer, presented the City Council the final..map of Tract No. 592, stating that all the conditions of.the tentative map had been met and that the conditions placed on the tentative map by the City Council and Planning Commission had been complied with, in addition to the 10 special conditions established by the Planning Commission and City Council in the subdivision agree- ment. The City Council acknowledged receipt of a letter from the.Environmental Center of San Luis Obispo County requesting that the City Council deny the final sub- division map of Tract 592 for the following reasons: 1) Denial would.lay to rest the proposed.method of flood control which was totally unproven and was potentially disastrous to more than one mile of San Luis Obispo Creek. When State-and Federal agencies charged with the protection of natural resources cannot support.this method of flood prevention;.the city- has.an obligation to search for and achieve other more sound ways to prevent floods. 2. Denial would allow the public and the City Council to review the proposed Flood Zone 9 Master Plan and its EIR in public hearings without committment to the method of flood control proposed for this.particular subdivision. Approval of the project would now prejudge the type of flood control that was necessary before the community was fully heard on the subject. Finally, if the City Council felt that the subdivision was appropriate for this portion "of.San Luis Creek, a delay or extension of the approval of the final map would allow all agencies involved such as the California-Department of Fish and Game to set conditions.in order to attempt some protection of the creek resources before construction starts on.other portions of the project. John Mello, resident of Creekside Mobile Home Park, objected to the creek.widen- ing at the mobile home park due:to possible damage to.the_ environment.. Felt the tract map should not be approved until the issue of Creekside Mobile Home Park had been resolved. He urged delay until all the answers to potential problems had been revealed. Wayne Peterson, City Engineer, stated upon question, that no permits had been issued by the City to do any work in.the creek by the developer. David Romero, Public Services Director, stated that some work had been started in San Luis Creek at this project without permit but that it had been stopped as of Monday, September 4th. Mrs. Madeliene Steele, representing.the Public Interest Action Center of San Luis Obispo, appeared before the City, Council urging the City Council not to proceed with the approval of the subdivision which would allow work in the creek until the Zone 9 final plan and EIR had been adopted., She urged the City Council to be very careful in approving work in the creek.until this had been settled. City Council Minutes September 5, 1978 Page 8 Phil Humphrey,.Vice- President of Cal- Coast.:Construction, stated that his firm had been attempting-to develop this.subdivision.for over two years. Also they had attempted.to meet every.bbjection of the City, the County, the Zone 9, the Fish Game, Wildlife Board, ECOSLO; etc. and he felt that all objections had been met in the subdivision.agreement. _He.also.reminded the City Council that they had paid fora Supplemental..Report.to the EIR in.order.to.divulge all possible matters concerned with the creek. Councilman Petterson stated that he was in favor..of the final-tract map, felt there was quite an improvement over-the tentative map and that all conditions had been met through the EIR studies, etc. Councilman Jorgensen stated he would not support the approval of the final map due to the excessive grading in the creek in his opinion. He also did not agree that single family development was the proper land use for this area as he felt that a flood zone should not be developed to single family residences, at least until the City Council had come up with some type of flood zone control. Councilman Settle stated he would support the final map, felt the development was good and that the creek work was a good way to handle the flood problems. He also felt that the EIR and Supplemental EIR answered all questions and miti- gated all problems. He would support adopting the final map and subdivision agreement. Councilman Dunin stated he, too, would support the final map, felt that the creek work was the first step in an overall creek improvements in order to protect the city from periodic floods. He felt that all agencies had given their approval and had had input to the EIR and he felt it was a good project. Mayor Schwartz felt that the development had been before the City Council for a long period of time and had been well studied. He also felt that the creek plan for the development had been thoroughly discussed through public hearing after public hearing with the EIR and Supplemental EIR as being required. He felt that the creek plan would leave the creek in a more natural state and not a concrete channel and still protect the area from flooding. He felt that the tract design was adequate and that the tract map was acceptable. Allen Grimes, City Attorney, recommended that the City Council prior to adopting any action approving the final map of Tract 592 should consider the addition of the following: WHEREAS, in processing Tract 592 the council determines that suitable mitigation measures imposed by it will r environmental:effects of the subdivision to an ac ce significant adverse table level and WHOU the council determines the infeasibility of environmentally superior alterna- tive projects, the council determines that economic, social, and other condi- tions make infeasible such project alternatives or other mitigation measures within the meaning of sections 21002 and 21002:1 of the Public Resources Code. On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3657 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving the final map of Tract No. 592, "The Meadows" and authorizing the execution of the subdivision agreement as amended. Passed and adopted on the following roll call vote: 1 i AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen 1 "•'. AB SENT: NoNone 7•A The"City }Council then considered the recommendation of the city staff that the subdivider not be required to underground utilities in front of the development along Higuera Street. The basis of the request were: City Council Minutes September 5, 1978 Page 9 1) This would be inefficient undergrounding and that approximately 500' of wires would be placed underground and the wires both north and south of this point would stay in the elevated position. 2) This would be a very expensive project which would cause undue cost increase to the buildings being constructed. Finally, they felt that it was the intent of Resolution No. 3067, a policy of undergrounding which was limited only to city- initiated street widenings. On motion of Councilman Jorgensen, seconded Councilman Settle, the City Council find that the revision of Resolution No. 3067 does not apply to Tract 592 as the street widening was not a city- initiated project. Motion carried. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, that the city staff be directed to develop a separate policy for undergrounding other than city- initiated street widening. Motion carried, all ayes. 7.B A recommendation from Wayne Peterson, City Engineer, and David F. Romero, Public Services Director, that the city not participate in the creek widening project in connection with Tract 592 at this time as this was not a top priority project for drainage work by the city. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, that the City Council accept the recommendation of the city staff and not participate in the creek work for Tract 592 at this time. Motion carried. 8. The City Council considered the appeal of Floyd Hitchcock from the conditions established in Resolution.No. 3603 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No. 706,.located'at the southeast corner of Southwood Drive and Laurel Lane. The conditions he was asking relief from are: 1) The building be modified so as to comply with current building code standards for noise insulation between units only; and 17) Subdivider shall pay construction tax for parks of $150 per unit if deemed applicable by the City Attorney. Vic Montgomery, architect, submitted a report to the City Council on studies made on their evaluation of three alternatives for providing additional noise attenuation between the units. Alternate 1 would be construct a new interior wall in addition to the existing interior wall between units. To be completely effective the wall must extend the full height of the building, including separ- ation of attic spaces. Alternate 2 would be removing the existing gypsum board from one side of the party wall; rewiring and /or relocating all electrical out- lets to avoid having them in the same stud cavity; caulking or insulating all plumbing in the wall; caulking all existing corner joints and floor or ceiling blocking at party walls; stripping of adjacent wall and ceiling gypsum board; construction a separation wall between attic spaces; install resilient cups; batt type insulation and new 5/8" gypsum board over the clips. The :third alternative would be to create a sealed condition and because it did nothing to. remedy the problem of noise flanking paths, i.e. common attic spaces, fixure in walls, ceiling joist spaces, electrical outlet alignment or existing corner joints. In summary, Mr. Montgomery.stated that in attempting to achieve a noise attenu- ation condition which complied with currently mandated standards for new con- struction for these existing structures, it would be very costly and perhaps at best partially effective. The cost /benefit ratio would appear to be negative. Dan Smith, Senior Planner, reported on behalf of the city staff, that the City Council take the following action on the appeal: 1) Retain the dwelling unit construction tax as deemed applicable by the City Attorney; 2) Amend City Council Resolution No. 3603 approving Tentative Tract Map No. 706 as follows: City Council Minutes September 5, 1978 Page 10 A) Delete Condition No. 1 reading: "The buildings be modified so as to comply with current bulding code standards for noise insulation between units only. B) Add Condition No. l.to read: "A note shall be placed on the final map, to be included in the public report for the subdivision, stating that the dwelling units do not comply with current building code standards for noise insulation from exterior and interior noise sources." Councilman Jorgensen stated that he had always felt that this condominium -con- version was unacceptable and he felt that this development was very borderline in meeting the minimum conditions for good living conditions but due to the findings he found himself in the position that he would have to support the .recommendations of the staff on Item No. 1. On motion of Councilman Jorgensen, seconded by Councilman Settle, the City Council amend Resolution No. 3603 by changing Condition No. 1 as recommended by city staff with a note to be included in the tentative map. Motion carried, all ayes. The City Council then considered the second appeal of Floyd Hitchcock from the conditions of Resolution No. 3603 approving the Tentative Map of 706. Condition 17: "Subdivider shall pay construction tax for parks of $150 per unit if deemed applicable by the City Attorney. Tim Beresky, Attorney representing Floyd Hitchcock, appeared before the City Council discussing Chapter 5, Part 3 of the Municipal Code, Sections 2575 through 2584 inclusive, "The Dwelling Unit Construction Tax ". He stated that in review- ing the section of the Municipal Code under "Definitions ", it stated that the term "construct" shall mean.the erecting, altering or construction material into a new structure or building. He contended that all that was being done in the Hitchcock case was changing from rental apartments to condominiums. He Also quoted from Section 2578 stating that "enlargement, remodelling or alter- ation of a building, but only if the number of dwelling units therein is not increased" would be exempt from the tax. If the number of dwelling units was increased, then the tax imposed would apply. He stated that there were no change in.:theenumber of units, none were increased and none were being taken away. Under 2579 the imposition of the tax, paragraph A stated, "New dwelling units or mobile home spaces ", subparagraph 1.A stated, "If new dwelling unit is created by new construction or by modification of existing structures" and 1.B stated that the tax shall apply to new mobile home park spaces which are a part of a new_mobileshomeipark or: additioniato=suchopark; and under 2580, "Tax when payable ", Paragraph 1.A stated that the-tax is due when the building permit is issued; 1.B when the construction permit is issued; and 1.0 when the occupancy permit is issued and in no case in the Hitchcock situation would any of these three permits be required. Therefore, they did not feel that the ordinance applied to a condominium- conversion, particularly when there was no such ordinance available to the City Council. Councilman Jorgensen stated that he felt that the tax was intended to apply not only to subdivisions but to all conversions of apartments to condominiums or motels to apartments or condominiums. He felt that a conversion to condos was legally a subdivision and should be subject to the imposition of the occu- pancy tax. Councilman Settle stated he agreed that he would not waive the construction tax. He felt the ordinance was applicable to this situation. Councilman Dunin stated he, too, agreed with Councilman Settle and that the construction tax not be waived in this case. Councilman Petterson agreed and stated that the tax should not be waived, that this was a condominium - conversion and the tax did apply. Mayor Schwartz stated that he also agreed that the tax should not be waived, that the ordinance applied in the case of a condominium - conversion. On motion of Councilman Settle, seconded by Councilman Petterson, that the appeal on Condition No. 17 be denied. Motion carried, all ayes. City Council Minutes September 5, 1978 Page 11 9. On motion of Mayor Schwartz,.seconded by Councilman Settle, that the City Council approve the granting of a grading permit for development and grading for Exposition Park, Unit X62 prior to the recordation of the final map subject to the filing of the bonds, inspection fees and dust control measures. Motion carried. 10. On motion of Councilman Jorgensen, seconded.by Councilman Petterson, - the City Council approved the request of the City Engineer that the City ask Cal Trans to continue their study of installation of traffic signals at Santa ' Rosa and Montalban Streets and also the feasibility of joint participation by the city with the State for the installation of the signals and of an4intra- connect system between the.traffic signals on Murray, Olive and Walnut Street along Santa^Rosa --.Street. Motion carried. 11. On motion of Councilman Settle, seconded by Mayor Schwartz, plans and specifications for "JOHNSON AVENUE WIDENING - EAST SIDE, HIGUERA STREET TO MARSH STREET ", City Plan No. C -10, bid estimate $21,520.00 was approved and the staff was authorized to call for bids. Motion carried. CONSENT ITEMS C -1 On motion of Councilman Settle, seconded by Councilman Dunin, claims against the city for the month of September, 1978 were approved subject to the approval of the Administrative Office. Motion carried. C -2 On motion of Councilman Settle, seconded by Councilman Dunin, minutes of the following Council meetings were approved: July 31;.August 1, August 7, August 14, August 15, August 16, 1978. Motion carried. C -3 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing contract pay estimates and change orders were approved and ordered paid: Bailey Construction Company Est. #11 $ 4,798.15 FIRE STATION NO. 4 C.P. #B -03 Bailey Construction Company Est. #3 98,879.94 SINSHEIMER SWIMMING POOL COMPLEX Est. #4 113,187.51 R. Burke Corporation Est. #1 3,987.00 RESURFACE & RECONSTRUCT PARKING LOTS #1 & #8 C.P. #B -34 Fred Julien & Associates Est. #1 6,587.55 WATER LINE IMPROVEMENT PROJECT C.P. #B -38, B -39, B -40, B -41 B -42 and B -46 Larry Kreutzkampf Construction Est. #1 129834.90 SINSHEIMER SOFTBALL FIELD PROJECT Est. #2 FINAL 11426.10 C.P. #B -30 C.C.O. #1 646.00 Spiess Construction Co. Est. #2 6,563.36 CLEAN AND REPAIR CLARIFIER NO. 1 C.C.O. #2 + 3,224.36 C.P. #34 -76 C.C.O. #3 ** + 2,518.26 ** Due to error in original fabrication of Center Drum, Dorr - Oliver, Inc. will reimburse City for costs on this change order. C -4 On motion of Mayor Schwartz, seconded by Councilman Jorgensen, the communication from LAFCO regarding the city -wide election on annexations was ordered received and filed. Motion carried. C -5 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3658 (1978 Series), a resolution of the Council of the City of San Luis Obispo amending Resolution No. 3334 (1977 Series), by deleting the designation of Heritage Tree No. 4. City Council Minutes September 5, 1978 Page 12 Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None i_.ABSENT: None C -6 On motion of Councilman Settle, seconded by Councilman Dunin, the City Council accept an easement for a water line to the Slack Street tank and author- ize the Mayor to record. Motion carried. C -7 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution.was introduced: Resolution No. 3659 (1978 Series), a Resolution of Intention to abandon portions of Iris and George Streets between the improved portions of said streets and the French Medical Clinic parking lot. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None A ABSENT: None C -8 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3660 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment with Roger T. Marshall, Judy T. Marshall, Albert Stone, Maudie Mae Stone, and Lorilee Silvaggio, 1302 Marsh Street, for street.widening on Johnson Avenue. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -9 -a On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3661 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Union Oil Company of California for rights of way to San Luis Obispo Creek. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -9 -b On motion of Councilman Settle, seconded by-Councilman Dunin, the following resolution was introduced: Resolution No. 3662 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Union Oil Company of California for rights of way to San Luis Obispo Creek. Passed and adopted.on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES.: None ABSENT: None City Council Minutes September 5, 1978 Page 13 C -10 On motion of.Councilman Jorgensen, seconded by Councilman Dunin, the request from the City of Adelanto regarding State mandated costs was ordered received and filed. Motion carried. C -13 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3664 (1978 Series), a Resolution of Appreciation expressing the city's gratitude to Donald Hale for his long and dedicated service to the city and its citizens as a fire fighter. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -14 The City Council considered extending the.contract for the Human Relations Coordinator. through June 30, 1979. Councilman Dunin brought to the Council's attention, the need for the City Council to discuss and analysis what.the city's rules should be.in the social service welfare field as he felt the cost to the city taxpayer was increasing each year without any policy guidance by the Council. He also felt that the Council should look into expenditures in the promotional area to see if some city goals were being arrived at. The City Council discussed Councilman Dunin's comments and felt that he should prepare a policy statement for Council consideration at some future study meeting. Councilman Petterson agreed with Councilman Dunin's statement stating that the City Council should look into policies on social services and promotional fields where large sums of money were spent.without any supervision or control or-policy guidelines adopted by the City Council. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3665 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Orloff W. Miller as part -time Human Relations Coordinator. Passed and adopted on the following roll call vote: AYES: Councilmen.Dunin, Jorgensen, Petterson, Settle 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: 3666 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving extension of agreement with Allen Grimes, Inc. for City Attorney services. Passed and adopted on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and.Mayor Schwartz NOES: None ABSENT: None C -11 On motion of Councilman Settle, seconded by Councilman Dunin, the request from the Women's Resource Center for the City Council to waive the 10% use fee of Mission Plaza was approved. Motion carried. C -12 On motion of Councilman Settle, seconded by Councilman Dunin, the request from KCBX for possible use of city sewer plant property for possible construction of a satelite antenna was referred to city staff for report and recommendation. Motion carried. C -13 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3664 (1978 Series), a Resolution of Appreciation expressing the city's gratitude to Donald Hale for his long and dedicated service to the city and its citizens as a fire fighter. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -14 The City Council considered extending the.contract for the Human Relations Coordinator. through June 30, 1979. Councilman Dunin brought to the Council's attention, the need for the City Council to discuss and analysis what.the city's rules should be.in the social service welfare field as he felt the cost to the city taxpayer was increasing each year without any policy guidance by the Council. He also felt that the Council should look into expenditures in the promotional area to see if some city goals were being arrived at. The City Council discussed Councilman Dunin's comments and felt that he should prepare a policy statement for Council consideration at some future study meeting. Councilman Petterson agreed with Councilman Dunin's statement stating that the City Council should look into policies on social services and promotional fields where large sums of money were spent.without any supervision or control or-policy guidelines adopted by the City Council. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3665 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Orloff W. Miller as part -time Human Relations Coordinator. Passed and adopted on the following roll call vote: AYES: Councilmen.Dunin, Jorgensen, Petterson, Settle 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: 3666 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving extension of agreement with Allen Grimes, Inc. for City Attorney services. Passed and adopted on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and.Mayor Schwartz NOES: None ABSENT: None City Council Minutes September 5, 1978 Page 14 C -16 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3667 (1978 Series), a resolution of the Council of the City.of San Luis Obispo approving a Student Work Study Agreement with California Polytechnic State University for fiscal year 1978 -79. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen,.Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -17 On motion-of Councilman Settle, seconded.by Councilman Dunin, the following resolution was introduced:. Resolution No: 3668 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Grandmother's House of San Luis Obispo for fiscal year 1978 -79. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -18 On motion.of Councilman Settle, seconded by Councilman Dunin,-the following resolution was introduced: Resolution No. 3669 (1978 Series), a resolution of the Council of the City of Sari Luis Obispo improving an agree - meet between the City and San Luis Obispo County Hotline, Inc. for the fiscal year 1978 -79. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -19 On motion of Councilman Settle,. seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3670 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Family Services Center for fiscal year 1978 -89. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle-and Mayor Schwartz NOES: None ABSENT: None C -20 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No.. 3671 (1978 Series), a resolution of the Council of the City of San Luis. Obispo approving an agree- ment between the City and David Huillier for inspection services for Sinsheimer Swimming Pool construction. Passed and adopted on the following roll.call vote: AYES:, Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: sNone City Council Minutes September 5, 1978 Page 15 C -21 On motion of Councilman Settle, seconded by Councilman Dunin, the request from the developer of Tract No. 444.for_acceptance of all improvements was continued for two weeks for report from city staff. C -22 On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city on behalf of C.H. Chezem for medical and disability benefits sustained in a sidewalk fall in the amount of $1,130.45 was denied and referred to the insurance carried. Motion carried. C -23 On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Avis Rent -a -Car in the amount of $387.54 was denied and referred to the insurance carrier. Motion carried. C -24 On motion of Councilman Settle, seconded by Councilman Dunin, project schedules for the year ending June 30, 1978 were ordered received and filed. Motion carried. B -1 The City Clerk reported.that one bid had been received to furnish "MODULAR FOR FIRE DEPARTMENT DISPATCH SYSTEM" and "PRINTER FOR THE FIRE DEPARTMENT DISPATCH SYSTEM ". Bid received from Capital Digitronics, Inc., Item 1 $4,500.00, Item 2 $1,305.00. Richard L. Minor, Fire Chief,.stated that after carefully reviewing the.bids, he found that they had met all required specifications, in addition the prices quoted reflected a 10% discount from the regular prices and therefore recommended that the items be purchased as bid. On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council accept the bid of Capital Digitronics. Motion carried. B -2 The City Clerk reported on bids received for "FIRE DEPARTMENT AIR COMPRESSOR STATION" and on the request of Richard D. Miller, Administrative ' Officer, that the bids be continued for staff investigation to the meeting of September 19, 1978. Council concurred in the request. There being no further business to come before the Council, the meeting adjourned to Wednesday, September 6, 1978 at 12:10 p.m. APPROVED: November 8, 1978 V iii / s ..�