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.
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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