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HomeMy WebLinkAbout10/03/1978City Council Minutes October 3, 1978 Page 2 B. At this time the City Council considered the appointment of a public member to the Waterways Planning Board. Mayor Schwartz suggested that rather than vote on nominees at this meeting, that the council consider nominees and that the council vote on them at the next meeting. Councilman Jorgensen stated he would like to nominate Professor Dirk Walters to be the public member to the Waterways Planning Board. Mayor Schwartz continued consideration to the October 17, 1978 council meeting. 1. At this time the City Council held a public hearing on the provisions of 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. Dan Smith, Senior Planner, suggested that in accordance with past city policy, the City Council hold a hearing on the resolution of intention to abandon and that the actual findings for abandonment be continued until the final map of the minor subdivision, that will be using portions of the abandoned streets, have been accepted by the City Council. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed street abandonment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Petterson, the final consideration for abandonment was continued to a future date.. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle, and Mayor Schwartz NOES: None ABSENT: None Dan Smith, Senior Planner, then presented, for the Council's consideration, minor subdivision, Tentative Tract Map No. 78 -131, located at 1260 Ella Street. He then presented slides showing the proposed Ella Street condominiums, how the land would be used, and the boundaries; and also how the abandoned portions of Iris and George Streets were incorporated in the development. He stated that the Planning Commission required turn - arounds at the end of the functional portions of Iris and George Streets, with the hammerhead style at the end of George due to its narrowness, and a modified cul -de -sac at the end of Iris Street. He stated on behalf of the Planning Commission that they recommend the City Council approve the minor subdivision subject to four findings and eleven conditions. The eleventh condition to be: The common property line between the medical clinic and the applicants property shall be adjusted to eliminate encroachment into the medical clinic parking lot isle to approval of the Community Development Director. Dan Smith then continued that the findings from the Planning Commission were: 1) The proposed parcel map and design are consistent with the General Plan. 2) The site is specifically suited for the proposed type and density of development which is permitted by the R -2 zones. , 3) The design is not likely to cause substantial environmental damage or cause serious public health problems. 4) The design of the proposed subdivision will not conflict with public easements for access through or use of property within the propsoed subdivision. 1 1 1 City Council Minutes October 3, 1978 Page 3 The tentative map is recommended for approval subject to the following condidions: 1) Right -of -way shall be dedicated to the City for a standard cul -de -sac at the end of Iris Street. The cul -de -sac shall be fully improved to City standards including full street frontage improvements on lot "A" and 30 of lot "B ". An AC berm is required on the remaining Iris frontage with other facilities for drainage as required by the City Engineer. 2) Right -of- way.shall be dedicated to provide for a T -type turn - around at the-end of George Street and shall be fully improved to the satisfaction of the City Engineer including required paving and drainage facilities. 3) The applicant shall grant to the City an easement over existing sewer line across the applicants parcel, at the corner of low lot 6. Easements shall be shown on the final map to the approval of the City Engineer. 4) The applicant will dedicate to the City a storm drainage easement over existing storm drains crossing the property. The easements will be to the approval of the City Engineer and shall be shown on the final map. 5) The applicant shall grant a private sewer easement to French Hospital for existing sewer lateral in George Street right -of -way. The ease- ment shall be to approval of the City Engineer and shall be shown on the final map. 6) The applicant shall install finished improvements on Ella Street frontage. 7) Sewer service shall be extended on Iris Street to serve proposed parcels A & B to the approval of the City Engineer. 8) Applicant shall extend an eight inch water line from Ella Street to Iris Street and shall provide fire hydrants to the satisfaction of the City's Fire Department. The eight inch water main and a standard ten foot easement shall be dedicated to the City. This condition may be waived if the fire hydrant on French Hospital Clinic side is made available to the applicant's property by easements and other guarantees acceptable to the Fire Department. 9) The final map shall not be recorded until the streets have been abandoned. 10) The existing out buildings on the east property line shall be removed prior to the recording of the final map. Consistent with applicant's statement that he had authority to require their removal. 11) The common property line between the Medical Clinic and the applicant's property shall be adjusted to eliminate encroachment into the French Medical Clinic parking lot isle to the approval of the-,Community Development Director. Mayor Schwartz declared the public hearing open. J. Dawson, George Street; objected.to the treatment of the end of Iris. Street— and urged that a cul -de -sac be placed, rather than the "T" development which wouldn't allow a free flow of traffic. He stated that the street is presently very narrow and that this "T" treatment would not help the flow of traffic. Charles Andrews, Chairman of the Planning Commission, felt that the Planning Commission accepted the staff's recommendation for the so called-hammerhead or "T" at the end of George Street. Mayor Schwartz declared the public hearing closed. ' Councilman Settle stated he would accept the Planning Commission's recommenda- tion and also the staff's recommendation for the hammerhead, although, he would have preferred a cul -de -sac, but would go along with the recommendation. Councilman Dunin agreed with the Planning Commission recommendation but also felt that maybe the hammerhead at the end of George should be enlarged in order to make it useable for turning. Councilman Petterson stated that he supported the Planning Commission's recommendation. City Council Minutes October 3, 1978 Page 4 Councilman Jorgensen stated he had no statements on this matter. Mayor Schwartz agreed that the cul -de -sac on the end of George Street would be a better design, but felt the Planning Commission's recommendation would be accepted, particularly in light of the approved development. He felt the proposed development makes good use of land in an area that has been reclaimed. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution 3679, 1978 Series, a resolution of the Council-of the City of San Luis Obispo granting approval of tentative minor subdivision no. 78 -131, located at 1260 Ella Street. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None 2. At this time the City Council held a public hearing to consider seven possible changes to the City's General Plan Land Use Map and one possible change to the General Plan's text. Terry Sanville, Senior Planner, presented the recommendations of the Planning Commission on the proposed eight changes to the General Plan, seven land use changes, and one text change. Mayor Schwartz stated he would like, with the approval of the Council, rather than take all eight items together and vote on them, he would like to take each one separately and open and close the public hearing for comments to give the feeling of the City Council on the various items and then vote on them as a unit. , 1) Teach School Residential Area: Properties facing on Felton Way from school district property west of Cuesta Drive. This is a map clean -up item to reflect current use and the zoning decision of the Planning Commission and City Council. There are no signif- icant environmental impacts or policy issues. This would change the designation of 1.5 acres from park to low- density residential. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, that the City Council accept the Planning Commission's recommendation and the property be shown as low- density residential. Motion carried. 2) Broad and Perkins: This is a map clean -up item to reflect current use and the zoning decision of the Planning Commission and City Council. There are no significant environmental impacts or policy issues. The change in designation of 1.5 acres from service - commercial /light industrial to medium- density residential. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed change Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the Planning Commission's recommendation to show the land as medium - density residential. 3) South and Meadow Streets: This is a map clean -up item to reflect the zoning decision of the Planning Commission and City Council, which would have no effect on existing uses. There are no signif- icant environmental impacts or policy issues. This would change the designation of one acre from neighborhood commercial to low - density residential. City Council Minutes October 3, 1978 Page 5 Mayor.Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed zone change.. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City ' Council accept the Planning Commission's recommendation to show low- density residential zoning. Motion carried. 4) Chong's Candies: at the corner of Chorro and Palm Streets. This item was considered in May, but the council took no action. The change was initiated by the City Council to accommodate Chong's Candies as a conforming use. It is now non - conforming due to its being closed for six months. The recommendation is to change the designation from high- density residential to retail commercial. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed change. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, that the City Council accept the recommendation of the Planning Commission and deny the recommendation to retail commercial. Motion carried. 5) Brizzolara Street: would require a change in designation of about three acres from conservation /agriculture to low- density residential. A plan amendment to change the whole area between San Luis Creek and Highway 101, along Brizzolara Street from conservation /agriculture to medium -high density residential was considered in May. The City Council split the area, approving medium -high density for the developed, northern two - thirds of the area, and sent the largely vacant, southern one -third back to the Planning Commission to consider low- density residential. The issues of this site are flooding, particularly width and treatment of the H.U.D. /Corps of Engineers floodway, access, and freeway noise. This is a very diffisult site on which a proposed medium- density residential project has not proceeded due to develop- ment constraints, despite R -3 zoning which has been in effect for many years. Low density residential (R -1) zoning would allow development of 21 units, which could be clustered at the wider northern end of the property. The R -1 zone merely sets a density maximum of six units per acre; it does not limit dwellings to owner- occupancy, and they need not be detached. Development of more than one unit on an R -1 parcel requires use permit approval by the Planning Commission any- way, so an "S" designation would not be required. The Planning Commission recommends that the area be zoned to medium - high density residential uses. The city planning staff recommends that the area be zoned to low- density residential uses or R -1 zone. Mayor Schwartz declared the public Roger Marshall, proposed developer requirement to zone the land to R- as he felt that all items could be remain. He felt the land was. R -3, be developed as R -3. He urged the Planning Commission and not to the hearing open. of this property, objected to the staff's L. He was critical to all staff objections, mitigated, and he felt no objection would has always been R -3, and hoped it could council to listen to the majority of the staff. Ralph Cheda, property owner, objected to the staff's proposal to zone his land to R -1. He stated it has always been zoned R -3, he has paid taxes on R -3, and he wants it to remain that way so it can be developed. Mayor Schwartz declared the public hearing closed. City Council Minutes October 3, 1978 Page 6 Councilman Petterson disagreed with the Planning Commission and stated he would support R -1 zoning, primarily due to the flood potential, highway noise, and other difficulties in developing the parcel. Councilman Jorgensen stated he agreed with Councilman Petterson. He felt one of his main objections was to the density, and he too would support the R -1 zoning. Councilman Settle agreed with the Planning Commission, property owner, and the developer. He felt this property should be left at R -3 -S and he feels the staff's objections can be mitigated and allow for a decent development. Councilman Dunin agreed that.this was difficult piece of property to develop, had a high flood potential, would be disasterous with the highway noise, and the width of Brizzolara Street made it difficult for traffic. He felt that R -3 was too high of density and he would support the R -1 recommendation. Mayor Schwartz stated he too was opposed to the R -3 recommendation, felt the density was too high for the area, and he.would support R -1 density due primarily to the flooding potential, adjacent highway noises, and other.diffi- cult development problems. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the General Plan be amended to show this land as R -1, low- density residential uses. Motion carried, Councilman Settle voting no. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the staff be directed to take action to rezone the property through the Planning Commission to R -1 -S. Motion carried, all ayes. 6) Triangle Parcels Located between Johnson, Mill, and Pepper Streets: consisting of 3.8 acres to change the designation from medium- density residential to medium -high density residential. Terry Sanville, Senior Planner, stated that it seems the Planning Commission and City Council can't come to agreement on this area. Ever since it was referred back as a zoning item.during the city -wide rezoning program nearly a year ago, it has been going back and forth between the commission and the council. The Planning Commission recommended medium- density in May, but the council was not sure what they wanted to do but leaned toward medium -high density residential use and referred it back for further study. Medium density (12 units per acre maximum) would retain the present character while allowing additional units on nearly all properties. Medium density looks best to the Planning Commission. The city staff recommends that the City Council accept the recommendation of the Planning Commission and deny the ammendment.. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed change. Mayor Schwartz declared the public hearing closed. Councilman Settle stated that he would support the medium - density residential designation. Councilman Dunin stated that he would support the medium -high density desig- nation. 1 Councilman Petterson stated he would support the medium- density designation. Councilman Jorgensen also felt that he would support the medium - density designation. On motion of Councilman Jorgensen, seconded by Councilman Settle, that.the_- City Council direct the staff to retain the medium - density designation presently shown on the General Plan. Motion carried. October 3, 1978 Page 7 On motion of Councilman Jorgensen, seconded by Councilman Settle, the staff was directed to take action through the Planning Commission to rezone this property to R -2. Motion carried. 7) South Street: change in designation of 2.3 acres from service- commer- cial /light industrial to public /semipublic as requested by the State Employment Development Department. Terry Sanville stated that the California Employment Development Department applied for an amendment to the General Plan to allow a 13,600 square foot public office and 100 parking spaces at 265 South Street to replace their downtown facility. They did not request specific map or text changes, so staff has described an amendment which would meet their objectives. He continued that the Planning Commission, on a five to zero vote, recommended denial of a change to public /semipublic designation. A majority of the commissioners present thought E.D.D.'s proposal to relocate at this site was reasonable. However, all commissioners present agreed that the General Plan should not be amended nor should the site be zoned PF. The majority preferred to zone the area C -H and consider a use permit for the EDD facility. Henry Engen advised that as a point of information the E.D.D. was requesting a temporary use permit in proximity to paper plots to provide them alternate quarters, regardless of the outcome of this general plan hearing. Mayor Schwartz declared the public hearing open. Richard Nelson, District Administrator for Employment Development Department, stated that the Department has been working on this project for over four years, the last two years very actively, in attempting to locate an area where they can develop a facility with necessary parking not only for the staff but also for their clients. He cannot understand why the City Council wishes to keep this operation downtown when there are so many other parking problems to take care of. He continued they had been working with:the city staff for several years; and that the staff has submitted a number of sites for possible development, each one has been looked at but none of them met the needs of the Department. He continued that if the City of San Luis Obispo wished to continue the E.D.D. services to the citizens of San Luis Obispo, it will be necessary that some facilities be made available that the public can easily get to and that would accommodate their operations.. He said that presently their facilities on Palm Street, which lease expires in March of 1979, is about 50% the size as necessary, and he hopes that the City Council would understand their position so they can proceed with developing on South Street. Mr. Nelson stated that the clients to this office come from north of Arroyo Grande and south of Atascadero, but most of the work load, 65 %, comes from San Luis Obispo and 35% from Paso Robles and the Arroyo Grande area. He stated that the money has been put aside by the legislature for acquisition of property and if they were to proceed now, it would be two years before they could occupy any building that was constructed. Don Burford, Facilities Director for E.D.D., stated that the department is looking for a site that would have a minimum of 75,000 square feet plus 100 parking spaces. He stated they have looked at all the six proposed sites . submitted by the city staff, and the largest is only about 35,000 square feet. The problem with placing a site in the downtown area or in some other areas in San Luis Obispo is the possibility of getting involved with condenmation. The proposed six sites would probably require some condemnation, and then they would be faced with the demolition of existing buildings on the site. He continued that the South Street site was clear and the seller had been approached and they could proceed with construction immediately. He stated that the Department is projecting office needs for 25 years in relation to acquisition of land. The reason they are now looking at a parcel between 75,000 and 100,000 square feet is that it may be very difficult in 25 years to find one exactly to suit their purposes. He concluded his comments by saying he felt that the city staff and adminis- tration has been less than cooperative in helping to try to solve their problem. He felt that it would be impossible for the department to even consider asking the legislature for sufficient funds to buy adequate land in the downtown San Luis Obispo area for their office and for the parking lot. City Council Minutes October 3, 1978 Page 8 Richard Nelson again stated that he does not know of anywhere they can go now inside the city except South Street to develop a facility. He said their next step might be to look for land outside the City of San Luis Obispo that might be made available to serve the people of San Luis Obispo in the magnitude in which the department is looking. While he agreed with the concept of placing all service organizations in the same area; Social Security, Employment Development, Welfare, etc.; he said a look at what is actually happening in the community makes this absolutely impossible and improbable. 1 Mayor Schwartz declared the public hearing closed. Councilman Jorgensen stated he felt that he has always recommended that. E.D.D. should only be in the downtown area and nowhere else in the city. He will not support a South Street site under any conditions. Andrew Merriam, Architect, appeared before the City Council as an individ- ual questioning the propriety of the City Council requiring E.D.D. to settle on high priced downtown land. He felt the council should cooperate with E.D.D. and allow them to develop on some land that is within common sense value. Councilman Petterson stated he too has always been opposed to the South Street site for E.D.D. He hoped the E.D.D. would settle somewhere near other public service areas such as Social Security, Welfare, etc. Councilman Jorgensen stated he again wished to go on record that he would oppose the South Street site for development by E.D.D. Councilman Settle agreed that idealistically to place all the public service agencies in one area to serve the public such as Welfare, E.D.D., Social Security, etc., would be wonderful; but he felt that it was impossible and improbable due to the economics involved and the land availability. He was sorry but he would support the Planning Commission's recommendation and deny the recommended rezoning and leave this land zone to the end designa- tion. Although he did not feel the downtown area was a viable option for E.D.D., he felt possibly a lease at the Prado Shopping Center was a good alternative to keep E.D.D. in town until something else developed. Councilman Dunin stated he felt the downtown location was impracticle for E.D.D. part - icularly due to the needed area for their operation. He also felt the Council insisting on a downtown site would be a waste of taxpayers money when a site just as good on South Street could be developed for hundreds of thousands of dollars less than the downtown area. He too felt the consolidation of all public service operaions in one location was an unrealistic dream and would never come to pass. He felt the E.D.D. should do the best they can for themselves and not look to the city. He would support the South Street site for permanent development for the E.D.D. facility and hoped they would move there. He would support their application for a use permit. Mayor Schwartz stated he was astonished at the attitude of the E.D.D. staff. He felt the City Council had made their position very clear that E.D.D. should only stay downtown and nowhere else in the city. At no time did the council encourage or direct E.D.D. to go to South Street for development of a facility. He questioned the lack of good cooperation between state,-county, and federal agencies. Finally, he felt that he and the council did not wish E.D.D. to leave the city and hoped they could work out some kind of a temporary lease facility until a permanent facility was developed. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the City Council retain the present General Plan designation of M on the South Street property. Motion carried on the following roll call vote: City Council Minutes October 3, 1978 Page 9 AYES: Councilmen Jorgensen, Petterson and Mayor Schwartz NOES: Councilmen Dunin and Settle ABSENT: None Mayor Schwartz declared a recess at 9:07 p.m. ' The City Council reconvened at 9:20 p.m. with all Councilmen present. 8) General Plan Text Change Regarding Cal Poly,Cuesta Community College FnYn11MPnt Terry Sanville reported that the present General Plan states: "Cal Poly University should not increase its 1980 Master Plan enrollment of 15,000 full time equivalent unless coordinated with county and city General Plan revisions." He continued that there has been no change in the official enrollment ceiling of 15,000 full time enrollments (FTE) as established by the Trustees of the California State University and Colleges in 1972. However, the enrollment plateau of 14,200 FTE, planned to extend to 1980 -81, has been extended through 1986 -87, according to the long -range enrollment allocations from the Chancellor's office. Terry Sanville then stated that the Planning Commission has endorsed a problem statement,.policy, and program in the Housing Element which say: Problem: Induced housing demand. Enrollment, employment, and business opportunities are drawing residents from outside the county to San Luis Obispo faster than the housing stock has been or is likely to be able to expand. Policy: Institutional, industrial, and commercial (including tourism) expansion will be discouraged until housing supply can catch up with present employment base. Programs: B. Request of the State Legislature and the California State University and College Board of Trustees that the enroll- ment at Cal Poly San Luis Obispo be limited to no more than 15,000 individual students. Therefore, on the basis of the housing plan element, the Planning Commission recommends that the Land Use and Growth Management Element text of the General Plan should be made consistent by adopting the following change. b. The city will encourage county and state agencies to balance their expansion with the availability of community resources, particularly housing. Cal Poly University should not increase its enrollment beyond 15,000 individual students, and Cuesta College should not expand faster then the population of its service area, the county. The City Council then entered a lengthy discussion.-with staff as to how the Planning Commission got involved in the enrollment ceilings at Cal Poly and Cuesta Community College. It was the felling of staff that during the May, 1978 General Plan Amendment Meetings, the request was made by the City Council for Planning Commission and staff to look at the enrollment policies at both institutions and to try to keep them in line with the goals of the General Plan. Doug Gerard, Executive Dean California Polytechnic State University, presented a letter on behalf of President Kennedy of the university stating that the proposed amendment of the Planning Commission alters the General Plan recom- mendations on the Master Plan size of the university from 15,000 full time equivalent students to 15,000 individuals. President Kennedy stated.in his letter that he recognized that the phrase "full time equivalent" may not be a generally understood one, but is a basic planning tool in common use in the community of higher education. Because of a possible misunderstanding, he stated that in virtually every communication, both oral and written, that he has had with the City Council, Boards, Commission, and staff of the city, a City Council Minutes October 3, 1978 Page 10 reference to 15,000 full time equivalents has been followed with the phrase "or approximately 16,000 individuals." This correlation comes about because not all students take a full academic load. President Kennedy's letter continued that the 15,000 equivalent ceiling was adopted for Cal Poly campus by the Board of Trustees in 1972. Ever since that time, he has repeatedly stated that he was committed to hold the campus at that level even though there had been external pressures because of popular programs and adequate land base to expand beyond that point. He continued that the council may not be aware that the college is currently holding at a level of approximately 14,200 full time equivalent students, and has done so for the last three years. At the same time, the university has been:-turning away 12,000 students who were qualified for admission over the last four fall quarter admission cycles. He stated that university academic programs, and its plan for facilities to accommodate these programs, have all been based on the 15,000 full time equivalent figures. Even univer- sity participation with the City of San Luis Obispo water filtration and sewage disposal plants were based-.on this target. To arbitrarily reduce that planning figure now, in his judgment, was ill advised and .untenable. President Kennedy's letter continued that he has repeatedly asked the cooper ation of the city in assisting with the solution of what everyone agrees-is a tight housing situation. The university has attempted to provide for hous- ing within the City to accommodate the needs if restrictions imposed by the myraid of boards and commissions:were eased to solve the problem. His letter concluded, that as a resident of San Luis Obispo, as are the majority of faculty and staff at the university, he agrees it is a great place to live and can understand the concern..on the part of some city staff to limit growth within the community. However, he cannot support what appears to be an arbi- trary reduction from an existing level, particularly when it has been known for years that the university was programmed for a maximum enrollment and all planning, at least at the university, was based on that target. He went on to say that it is through the efforts of the university administration that the campus has been held to 15,000 full time equivalent; a change from which, under current regulations, would require the filing of an environmental impact report. He stated that if it was the desire of'the council to amend the General Plan affecting Cal Poly enrollment to a more understandable measurement element, that the wording be changed from "15,000 full time equivalent" to '.'16,000 individuals." He again offered his assurances that the university administration would work to the best solution of the community's problems. Walt Lambert .Cal.Poly Housing Administrator, reminded the City Council of the results of the two year study by a Citizens' Ad Hoc Committee working on a housing program which was to be included in the General Plan Housing Element. He states that now that the staff is writing the General Plan, the citizens.: input has been completely rejected, including student enrollment figures at both Cal Poly and Cuesta College. Harry Busselin questioned some of the conclusions arrived at on enrollment, full time equivalents, and individual students. Mayor Schwartz declared the public hearing closed.. Councilman Petterson stated that he would reject the Planning Commission and staff's recommendation as it applies to Cal Poly and Cuesta Community College. Instead, he would support the original agreement made with President Kennedy and the city over three years ago to use the 15,000 full time equivalent figure and not play games. Councilman Jorgensen felt the Planning Commission and staff's attempt to clarify the FTE and individual definitions, on enrollments at Cal Poly and Cuesta, was very good. He felt FTE was a fallacious way to go and that the individual student was the way to keep track of the number of people on the campus. He stated he would go along with the Planning Commission and staff's recommendation.. Councilman Settle:stated,he agreed with Councilman with the original agreement made by the City with or 16,000 individuals, would be the maximum at th that in 1986/87 the City Council could.look at it the recommendation on Cuesta Community College as concerned. City Council Minutes October 3, 1978 Page 11 Petterson and would stick Cal Poly that 15,000 FTE, university. He also felt again. He disagreed with far as enrollments were Councilman Dunin stated he would support an individual student count, rather than FTE. He would support the existing 15,000 FTE, or 16,000 individuals. He also flet the relations between the university and the City of San Luis Obispo are terrible. He feels--that any growth at the university,--of students, faculty, or administration, affected the City of San Luis Obispo as they become both citizens of the city and employees or students on the campus. He was opposed to the Planning Commission's amendment and would support the 16,000 individual students rather than the 15,000 FTE. Mayor Schwartz.felt the approach of the Planning Commission of using individ- uals rather than FTE was wrong as it solves nothing. He felt the council's .action this evening should be to reject the Planning Commission's recommended amendment for both Cal Poly and Cuesta. He suggested that President Kennedy's letter of October 3, 1978 be referred to the Planning Commission for analysis of his suggestions. On motion of Mayor Schwartz,tiseconded by Councilman Petterson, that the City Council deny the Planning Commission recommendation to amend the General Plan text as it effects the university and community college and request the Planning Commission to review an alternate policy. Motion carried. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3680, 1978 Series, a resolution of the council of the City of San Luis Obispo amending the land use element of the General Plan. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson, and Mayor Schwartz NOES: None ABSENT: None 3. At this time the City Council considered the final passage of Ordinance No. 779. An ordinance amending the official.zone map to rezone property at 1106 Oceanaire from R -2 -S (residential medium density, special considerations) to R -2 -PD (residential medium density, planned development). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Petterson, Ordinance No. 779 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None 4. At this time the City Council considered the final passage of Ordinance No. 780. An ordinance amending the official zone map of the city to rezone property at Chorro Street and Pismo Street from R -4 (high density residential to PO professional office.) City Council Minutes October 3, 1978 Page 12 Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, Ordinance No. 780 was introduced for final passage. AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None 5. At this time the City Council considered the final passage of Ordinance No. 781. An ordinance amending the official zone map of the City to rezone property at the 1400 block of Broad Street from PO (professional office) to R -2 (medium density residential). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Dunin, Ordinance No. 781 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 6. The City Council again considered a recommendation from the Community Development Department on the proposal to establish fees for Planning Services for the City. Henry Engen, Community Development Director, reviewed, for the City Council, the proposed refinements to the fee resolution submitted to the Council on September 19, 1978. Part of the refinements involve the intention of the Community Development Department in certain reviewing and processing functions to recover full costs to the City of labor and material. Mr. Engen proposed that towards this end, they would notify the applicant, at the time of the application, that total processing costs would be determined by time and cost accounting with additional charges forthcoming if warranted. The type of fee for functions involved would be a Planning Commission use permit, a preliminary planned development, or a rezoning application and a tentative map for a subdivision. Also, additional fees might be required for specific . plan amendments, General Plan amendments, and annexation requests, depending on the amount of staff time required to process the application. He also-reviewed for the City Council various time charges by position of members of the Community Development staff. The City Council discussed with Henry Engen the propriety of attempting to recover every cent of time and effort spent in the Community Development Department on various types of applications. Also, they felt the wording was not too clear as to when the extra cost would be added and at which point in the process. On motion of Councilman Petterson, seconded by Councilman.Settle, that the City Council accept the recommendation in principle with the staff to clear up words on the extra costs and then circulate the proposal through the development community for comments and suggestions. 1 1 1 City Council Minutes October 3, 1978 Page 13 Several of the councilmen objected to submitting this resolution to the development community as they felt it was the council's responsibility to establish fees. The motion was lost on the following roll call vote: AYES: Councilmen Petterson and Settle NOES: Councilmen Dunin, Jorgensen, and Mayor Schwartz ABSENT: None Harry Besselin agreed that the developer of any property should pay for their development costs and not expect the general taxpayers to support them.. He felt the revenue should pay for the full costs of any development. The City Council discussed the benefits of setting separate funds or accounts in which to keep the funds developed by this resolution in order to offset the Community Development Department's activities and to relieve the general tax- payer from this responsibility. Richard D. Miller, Administrative Officer, explained the complexity of govern- mental accounting and prior actions taken by the-City Council to avoid separate accounting. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3681, 1978 Series, a resolution of the Council of the City of San Luis Obispo establishing fees for planning services. Passed and adopted on the following roll call vote: AYES: Councilman Jorgensen, Mayor Schwartz, Councilman Petterson 1 NOES: Councilmen Dunin and Settle ABSENT: None 7. At this time the City Council considered a request from the Business Improvement Area for the council to reconsider their action in requiring the BIA to fund all changes to parking meters, etc. in implementing BIA parking recommendations. D. Romero, Public Services Director, reviewed for the City Council the action taken by the council in May.of_.1978 in implementing certain recommendations of staff and the BIA for parking meter changes and time limit changes in the downtown area and the reason the City Council requested that the BIA pay for a portion of the program requested by them but objected to by the City. Richard Miller, Administrative Officer, felt it would be reasonable for the city to absorb about $270 of the expense to convert the meters on Pacific Street since the original two hour meters were installed against the wishes of the BIA, and, in fact, the recommendation to convert back to five hour was suggested by the city staff. However, he felt that approximately $3,250 to convert parking lot meters from two to three hours should be paid for by the BIA since the city staff agreed that this recommendation was counter - productive to adequate parking. Rob Strong, consultant representing the BIA, stated that the BIA is attempting through its Board of Directors, to come up with one complete recommendation to the City Council through its staff on parking lots, parking meters, time limits, etc. He continued that any changes to parking should come out of the meter revenue and not out of BIA funds. He felt the BIA was willing to cooperate and hoped to come up with a good suggestion, but if they had made a mistake, they hoped the city would not make them pay for each one of them. He felt a cooperative city, BIA property owner approach should be made to solve the parking problem, not only the employee parking, but also customer parking for downtown. City Council Minutes October 3, 1978 Page 14 Beth Law, Chairperson for the BIA, appeared before the coucil on behalf of a request to have the BIA relieved from being required to pay for the cost of changing parking meters in the parking lots from two to three hours. She stated that the BIA just does not have the funds to pay for the meter change. She urged the council to help with parking problems in downtown San Luis Obispo. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the recommendation of the Administrative Officer and that the city absorb approximately $270 for the meter change expense on Pacific Street, but that the BIA be required to pay the $3,250 approximately to convert the parking lot meters from two to three hours. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle and Petterson NOES: Councilman Dunin and Mayor Schwartz ABSENT: None 8. A request from KCBX Stereo FM for the City Council to waive the cost of use permit, fees and application for an initial study.for an Environmental Impact Report be waived as they are a non - profit, non - commercial public radio station, was referred to the City Attorney for review and recommendation. On motion of Councilman Jorgensen, seconded by Councilman Petterson. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Petterson, Settle, and Mayor Schwartz NOES: None ABSENT: None 9. On motion of Councilman Jorgensen, seconded by Councilman Settle, plans and specifications for "CLEANING DIGESTER NO. 1 ", City Plan No. C -11, bid estimate including contingencies and engineering fees $11,865.00 were approved and the staff was authorized to proceed and call for bids. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None 10. . On motion of Councilman Jorgensen, seconded by Councilman Settle, plans and specifications for "CREEK OBSTRUCTION REMOVAL ", City Plan No. B -51, bid estimate including contingencies and engineering fees $26,275.00 was approved and the staff was authorized to call for bids. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None 11. On motion of Mayor Schwartz, seconded by Councilman Settle, plans and specifications for "WATERLINE IMPROVEMENT PROJECT ", City Plan No. C -03, bid estimate including contingencies and engineering fees $34,937.50 less the developer's share of $8,600.00 were approved and the staff was authorized to call for bids. Motion carried on the following roll call vote: AYES: Mayor Schwartz, Councilmen Settle, Dunin, Jorgensen and Petterson NOES: None ABSENT: None City Council Minutes October 3, 1978 Page 15 CONSENT ITEMS C -1 On motion of Councilman Settle, seconded by Councilman Dunin, claims against the city for the month of October, 1978 were approved subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Settle, seconded by Councilman Dunin, minutes of the following council meetings were approved and ordered filed: September 6, 1978 September 12, 1978 - 8:00 a.m. & 7:30 p.m. September 11, 1978 September 18, 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: J.W. Bailey Construction Co. Est. 415 $104,284.08 SINSHEIMER SWIMMING POOL Baker Corporation Est. 413 1,282.50 WASTEWATER TREATMENT PLANT Est. 414 FINAL 1,425.00 (11/6/78) City Plan No. B -19 R. Burke Corporation Est. 412 22,248.90 PARKING LOT NO'S 1 & 8 City Plan No. B -34 California Sports Products, Inc. Est. 411 14,418.00 SECURITY FENCING SYSTEM City Plan No. B -36 Fred Julien & Associates Est. 412 33,604.87 1 WATERLINE IMPROVEMENT PROJECT C.C.O.411 + 995.00 City Plan No's. B -38, B -39, B -40, B -41, B -42, and B -46 Spiess Construction Company, Inc. Est. 413 1,739.90 CLEAN & REPAIR CLARIFIER Est. 414 FINAL 2,408.89 (11/6/78) City Plan No. 34 -76 C.C.O. 414 + 158.22 Lee Wilson Electric Company Est. 411 15,049.24 TRAFFIC SIGNAL, JOHNSON & LAUREL City Plan No. B -07, SS 243 Motion carried. C -4 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3682, a resolution of the Council of the City of San Luis Obispo setting salaries and fringe benefits for full -time management personnel appointed by the City Council. Passed and adopted on the following roll call vote as amended: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson 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. 3683, 1978 Series, a resolution of the Council of the City of San Luis Obispo updating the list of city employees and commission members required to file a Conflict of Interest Statement. Passed and adopted on the following roll call vote: City Council Minutes October 3, 1978 Page 16 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 ordinance was introduced: Ordinance No. 782, 1978 Series, an_ ordinance of the City of San Luis Obispo amending the Municipal Code Article 2, Chapter 7, Personnel Rules and Regulations, Sections 2702.2, 2704.9, 2707, 2708.5 and 2708.7. Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson 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. 3684, 1978 Series, a resolution of the Council of the City of San Luis Obispo granting final approval of parcel map no. SLO 78 -28, located on Los Osos Valley Road between Laguna Lane and Oceanaire Drive. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson 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. 3685, 1978 Series, a resolution of intention to abandon a portion of Flora Street in front of 3295 Flora Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -9 On motion of Councilman Settle, seconded by Councilman Dunin, the City Council-.approved the final payment of $2,870.52 to Collins Electrical Company, for the "MEADOW PARK LIGHTING PROJECT ", and also accepted Collins Electrical Company's bond of $4,500.00 to satisfy liens filed onthe project. Motion carried. C -10 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3686, 1978 Series, a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Robert I. Corcoran, as Business Improvement Area Adminis- trator through June 30, 1979. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin and Mayor Schwartz NOES: Councilmen Jorgensen and Petterson ABSENT: None City Council Minutes October 3, 1978 Page 17 C -11 On motion of Councilman Settle, seconded-by Councilman Dunin, the following resolution was introduced: Resolution No. 3687, 1978 Series, a resolution of the Council of the City of San Luis Obispo increasing General Fund appropriations for the 1978/79 fiscal year to provide initial funding for a six month period for enforcement of the City's 3+ occupancy ordinance. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz 1k)[81*190MAkre MOM ABSENT: None C -12 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3688, 1978 Series, a resolution of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -13 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3689, 1978 Series, a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Arnett and Broadbent, Inc. for property acquisition services. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES:- None ABSENT: None C -14 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3690, 1978 Series, a resolution of the Council of the City of San Luis Obispo approving an agree- ment with the County Employment and Training Office for the.employment of CETA trainees and authorizing the Mayor to execute said agreement. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson 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. 3691, 1978 Series, a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Grass Roots II to support its program through December 31, 1978. 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 October 3, 1978 Page 18 C -16 On motion of Councilman Settle, seconded.by Councilman Dunin, the request by the- developer of Tract 634 for submission of final map was approved for a twelve -month extension. Motion carried. C -17 On motion of Councilman Settle, seconded by Councilman Dunin, a request from Roger Larson, 2258 Santa Ynez Avenue, for help from the City to remove an allegedly illegal pole placed by Cable TV Company on his property was referred to the staff for investigation and report to the council. Motion carried. C -18 On motion of Councilman Settle, seconded by Councilman Dunin, the request from the Building Contractors' Association that the.City Council comply with the California State Housing Law which mandates that the governing body of all cities shall adopt ordinances imposing the same requirements (building, plumbing, mechanical and electrical codes) as the State of California, Commission of Housing and Community Development adopts, was referred to the staff for review and report to the City Council: Motion carried. There being no further business to come before the City Council, the Council adjourned at 11:40 p.m. to 7:30 p.m. Tuesday, October 10, 1978. c APPROVED: November 8, 1978 itzpatrick, City Clerk --------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 10, 1978 - 7:30 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION Roll Call (:rnmri lman PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Lee Walton, Administrative Officer; R.D. Miller, Administrative Officer; George Thacher, City Attorney; Rudy Muravez, Finance Director; Henry Engen, Director of Community Development; Gordon Johnson, Personnel Director Citizens' Advisory Committee Members PRESENT: Foster Gruber, Charles Dills, Liz Fisher, Clyde Hostetter, Robert Neill, J.D. Schetzer, Marjorie Sorensen and James Tseng 1. The City Council members reported on activities of Standing Council Sub- committees: 7 u U