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HomeMy WebLinkAbout06/05/1979M I N U T E S ADJOURNED MEETING.OF__THE..CITY.COUNC II: CITY'OF SAN.LUIS.OBISPO TUESDAY, JUNE 5, 1979 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL , Pledge Roll Call COUNCILMEMBERS ' Present: Melanie Biilig,- Alan.Bond, Ron Dunin,.Jeff Jorgensen and Mayor. Lynn R. Cooper Absent: None CITY STAFF Present: Lee Walton ,.Administrative..Officer; J.H. Fitzpatrick, City Clerk; George.Thacher, City Attorney; Henry Engen, Director of Community Development.; Wayne. Peterson, City Engineer, Richard Minor, Fire Chief;..Michael.Park, Fire.Marshal; Roger Neuman,..Police Chief; D.F.-Romero, Public Services Director 1. The City- Council..considered the:final..passage of.Ordinance.No.. 807 (1979 Series), an ordinance of.the.City of.San Luis..Obispo adding Chapter 4 to Article V.of the San Luis Obispo Municipal Code to prohibit smoking in certain public areas. Mayor Cooper declared the public hearing... open. No.-one appeared before the City Council for or against the proposed ordinance. Mayor Cooper declared the public.hearing - closed. On motion-.of Councilman Bond, seconded.by Councilwoman Billig, Ordinance No. 808 ' was introduced for.final passage.` Finally passed on the following roll call vote: AYES: Councilmembers Billig,.Bond, Dunin,.Jorgensen.and Mayor Cooper NOES: None ABSENT: None 2. The City.Council considered.- appointments..to fill.out.the.membership for the.Laguna..Lake Committee.(continued from the.meeting of 5/15/79). .D.F. Romero, staff.member.to the Committee., stated that - he.had.contacted Dr. Aryan Roest, a professor.of Biological Science at Cal Poly who had long been active with studies and giving advice.to the City on the use of Laguna Lake and was more than willing to serve. He had-also contacted Mr. Bob Pederson, hydraulic engineer for Cal Trans....He also stated:he would be ..most willing to serve. Mr. Romero stated.that..the problem with Mr. Peterson was that he lived outside._the City:of.San�.Luis Obispo. -.:The third member would be appointed by the Parks and Recreation Commission.on June 6 and they would notify the Council of their appointment... On motion.of..Councilman.Dunin; seconded.by.Councilman Bond,-.the-City Council approved -the appointment of Aryan Roest ;and an -appointment- from the Parks & Recreation Commission and.also appointed, with.his permission, Mr. Bob Pederson as a technical advisor to the committee. Motion.carried. 4. The -City Council considered the-Tentative Map..for Tract No. 822, a 44 .unit residential condominium at 3301 Broad -.Street.,. R-2..PD zone, Jonathan Lindenthaler, subdivider. Henry Engen,:Community Development..Director, stated' -that the Planning-Commission adopted-the tentative..map.for Tract.No:..822.subject -.to:7 findings.and.20 condi- tions but they also suggested that the Council should discuss.two.:conditions. City Council Minutes June 5, 1979 - 4:00 P.M. Page 2 No. 7 stated that new sewer mains shall be public. The preliminary plan approved with the Planned Development had a Condition 9 which stated the sewer mains shall be private. Staff recommended all sewer not within driveways be private. The second issue concerned Condition No. 19G which stated that CC &R's shall have a condition that stated ownership and occupancy restrictions limiting all units to owner occupied for a period of two years from initial sale. Based on the City Attorney's opinion and recent action by the Council, this condition should be reviewed. Jonathan Lindenthaler stated that no. 7 as recommended by staff and but felt that the owner should be be slow or impossible. he had no objection to the change in conditiol he agreed in principle with Condition No. 19G allowed to sell unsold units if sales should On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3859 (1979 Serie), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No. 822 located at 3301 Broad Street, subject to 7 findings and 20 conditions as amended. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None 5. The City Council considered introduction of an ordinance to amend Article II, Chapter 7 of the Municipal Code amending certain provisions con- cerning procedures for disciplinary actions and grievances, establishing a Personnel Board and rescinding Resolution No. 3455. Lee Walton, Administrative Officer, reviewed the provisions of the ordinance ' making changes to the personnel rules and establishing procedures for the Personnel Board. He stated that this package of amendments had been reviewed and approved by the three employee associations with some reservation. On motion of Councilman Dunin, seconded by Councilman Jorgensen, Ordinance No. 808 (1979 Series), an ordinance of the City of San Luis Obispo amending Article II, Chapter 7 of the Municipal Code amending certain provisions con- cerning procedures for disciplinary actions and grievances, establishing a Personnel Board and rescinding Resolution No. 3455. Passed and adopted on the following roll .call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None The City Clerk was directed to advertise for potential candidates for appointment to the Personnel Board. 6. The City Council considered an ordinance providing for the granting of franchises for consolidated alarm forwarding systems and providing terms and conditions for the operation of such consolidated alarm forwarding systems I and fees therefore. George Thacher, City Attorney, reviewed for the City Council the purposes and the conditions of the franchises that would be granted for alarm forwarding system provisions of the existing City Charter. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following ordinance was introduced: Ordinance No. 809 (1979 Series), an ordinance of the City of San Luis Obispo providing for the granting of franchises for consolidated alarm forwarding systems and providing terms and conditions for the operation of such consolidated alarm forwarding systems and fees therefore. City Council Minutes June 5, 1979 - 4:00 P.M. Page 3 Introduced and passed to print on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None 7. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the consideration of the ordinance to amend portions of the Municipal Code, Chapters 1, 2 and 3 adopting the 1976 Edition of the Uniform Building Code, Uniform Mechanical Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Plumbing Code, Uniform Electrical Coee for the 1978 Edition of the National Uniform Code was continued to a future meeting with the staff to present a base outline of the changes being proposed. Motion carried. 8. On motion of Councilman Jorgensen, seconded by Councilman Dunin, consideration of "TRAFFIC SIGNAL REVISIONS ", City Plan No. C -07, Monterey and Johnson, and Higuera and Santa Rosa Streets continued for additional information for Council on design. Motion carried. 9. On motion of Councilman Bond, seconded by Councilman Dunin, plans and specifications for the "JOHNSON STREET STORM DRAIN ", City Plan No. C -05A bid estimate $45,245.00 including contingencies was approved and staff was authorized to call for bids. Motion carried. 10. On motion of Councilman Dunin, seconded by Councilman Bond, the plans and specifications for "S.O.S. STREET RECONSTRUCTION ", City Plan No. C -09, Graves Avenue, Henderson Avenue, Grove Street, South Street, Brook Street, Lawrence Drive, Woodbridge and Humbert Avenue, bid estimate $145,000 was approved and staff was authorized to call for bids. Motion carried. 11. On motion of Councilman Jorgensen, seconded by Councilman Dunin, plans and specifications for "OSOS STREET WATERLINE ", City Plan No. C -25, Monterey to Marsh, bid estimate $35,637.50 were approved and staff was authorized to call for bids. Motion carried. 12. On motion of Councilwoman Billig, seconded by Councilman Bond, plans and specifications for "WOODBRIDGE STREET WATERLINE ", City Plan No. C -33, bid estimate $10,111.25 was approved and staff was authorized to call for bids. Motion carried. CONSENT ITEMS: C -1 On motion of Councilman Dunin, seconded by Councilwoman Billig, claims against the city for the month of June, 1979 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Dunin, seconded by Councilwoman Billig, minutes of the following Council meetings were approved: April 3, April 17 - 4:00 and 7:00 p.m., April 23, May 1, and May 8, 1979. Motion carried. C -3 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following contract pay estimates and change orders were approved and ordered paid: ' J.W. Bailey Construction Co. Est. 4612 $179466.26 SINSHEIMER SWIMMING POOL C.C.O. 462 + 4,094.55 C.C.O. 463 + 1,808.91 Dennis Landscape Est. 461 92056.70 COURTHOUSE RACQUETBALL C.C.O. 461 + 65.00 FACILITY LANDSCAPE Est. 462 450.00 City Plan No. 721A Est. 463 FINAL 1,056.30 (7/9/79) City Council Minutes June 5, 1979 - 4:00 P.M. Page 4 Fred Julien & Associates Est. #2 19,773.00 SEWERLINE IMPROVEMENTS Est. #3 FINAL 2,719.00 (7/9/79) City Plan No. B -44 Fred Julien & Associates Est. X61 13,316.85 SEWERLINE IMPROVEMENTS C.C.O. X61 - 25,320.00 City Plan No. C -16 Est. #2 FINAL 1,479.65 (7/9/79) Southern Pacific Milling Co. Est. #4 889258.75 ' STREET RESURFACING PROJECT City Plan No. C -09 Motion carried. C -4 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3860 (1979 Series), a resolution of the City Council of the City of San Luis Obispo requesting the State Department of Transportation or Federal Highway Administration to approve Federal Aid Urban Project for the City of San Luis Obispo. Motion carried on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and Mayor Cooper NOES: Councilman Jorgensen ABSENT: None C -4B On motion of Councilman Dunin, seconded by Councilman Bond requested Cal Trans to assign $135,000 in discretionary funds to the City of San Luis Obispo to extend the Los Osos Valley Road from 101 Highway across San Luis Creek Road in Los Verdes Park. Motion carried, Councilman Jorgensen voting no. C =5 On motion of Councilman.Dunin, seconded by-Councilman Bond, the City , Council approved the request of the City Engineer that the Council accept the Santa Rosa Street Project as complete and to release the contractor from any maintenance responsibilities other than required by warranty subject to the State holding sufficient funds to pay for the claim against the contractor caused by an automobile accident. Motion carried. C -6. On motion of Councilman Dunin,-seconded by Councilman Bond, that the request from Jerry Holland for acceptance by the City of final improvements for Minor Subdivision No. 76 -513 located at Royal Way and Rubio Lane was continued for two weeks per city policy for final inspection and recommendation. Motion carried. C -7 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3861 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Map for Minor Subdivision-No. 77 -428 located at 475 Ramona Drive. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -8 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3862 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Map for Minor Subdivision No. 79 -051 located at 2943 Johnson Avenue, Thomas Baumberger, subdivider. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None I City Council Minutes June 5, 1979 - 4:00 P.M. Page 5 C -9 The City Council considered Tentative Tract Map No. 773, a 12 lot subdivision located at 1650 Southwood Drive, R -1 zone, L.R. Properties, sub- divider. Dan Smith, Associate Planner, stated that the Planning Commission, at their regular meeting of February 14, 1979, took action to recommend approval of tentative tract map subject to seven findings, three variances and 14 conditions. The Planning Commission resolved several main issues in reviewing and approving this tentative tract map: 1) Recommended an amendment to the City's General Plan to change the land use designation above this tract (an area of the city above the water service limit but inside the city urban reserve line) from low- density residential to agriculture /conservation. This action was taken because the Planning Commission resolved that urbanization above the water service limit was not consistent with the policies of the.General Plan and that the General Plan Land Use Map should be consistent with the text of the plan. Resolution of this issue caused the Planning Commission to approve this map with a cul -de -sac at the end of the street rather than the alter- native of stubbing the street for future extension. 2) The Planning Commission resolved that the applicant's proposal to dedicate 9200 square feet of property next to the creek channel would be acceptable. This was resolved after the Planning Commission received recommendations from staff and the Parks and Recreation Commission against the park dedi- cation. Jim Stockton, Parks and Recreation Director, stated that although the Park and Recreation Commission is extremely interested in expanding the Park and Open Space System with the City, it was opposed to unplanned acceptance of land dedicated to the city and called "Park ". He stated that this tract was ' an example. Staff of Parks and Recreation and Community Development recommended that the small area of land, not capable-of being developed as a building site or park, not be accepted as park dedication. The Planning Commission opted to accept the land rather than in -lieu fees indicating that park land dedication requirements had been met. Under current practices, the acceptance of this land indicated the city was now responsible for development and maintenance of this parcel. Skyrocketing maintenance costs and the fact that these small scattered parcels cost even more to maintain than typical neighborhood parks makes it necessary for us to take a long close look at this type of dedication. He would recommend that in the intervening time between now and when the proposed Park and Open Space Element of the General Plan was adopted, small parcel dedications be curtailed unless supported by formal statement from both Park and Recreation Commission and Planning Commission. Mr. Romero's memorandum of June 4, 1979, was presented to the City Council. Within the memorandum Mr. Romero recommended that a street be stubbed out to the northerly limit of the property in order to serve four parcels beyond the subdivision and also recommended that the City not accept the offer of park dedication. Mitch Walker, designer for L.K. Properties, spoke of the numerous meetings before the city to bring this development to a conclusion and on behalf of the property owners asked the Council to decide on the tract map without other matters. Lee Walton, Administrative Officer, stated that after reviewing the information and historic perspective of the tract was confident that the proposed cul -de -sac was the most appropriate solution. Mr. Blaser's property would not be landlocked as it first appeared because suitable accesses were available to him. Also, if he did have a problem, it could be fairly said that he was basically responsible for creating the situation. He continued that he still felt the park dedication proposal was wrong and recommended that the parcel in question be divided between the two adjoining lots with an open space easement to prevent the building of construction thereon. Also, the city should also probably reserve an easement for maintenance access to the creek. He understood the owner would be agreeable to this even though it imposed a conservative park dedication cost. Mitch Walker, designer for L.K. Properties, spoke of the numerous meetings before the city to bring this development to a conclusion and on behalf of the property owners asked the Council to decide on the tract map without other matters. City Council Minutes June 5, 1979 - 4:00 P.M. Page 6 Upon inquiry, David Romero explained that past City policy regarding provision of.water service was for properties above elevation 460'. He stated that the City has historically allowed development above this elevation with service being taken below elevation 460'. He cited two examples, the Neil Maloney development approved approximately one month before, and the Dan Oxford subdivision, which is adjacent to the subdivision under consideration. He stated that it is his opinion, if the past City water policy is followed, the general plan statement is not in conflict. This implies that the street should be extended to the four parcels above the Smee subdivision. Art Shaw, Attorney for Leonard Blaser, stated that under the proposal as presented, Blaser was the only one who would not have access to his five acres which were north and east of the proposed tract. He urged that the property developer be required to grant access from Tract 773 to serve the Blaser parcel as agreed to by the property owner-, Ken Smee,.in 1976 for access to the Blaser parcel. Ken Smee, developer for Tract No. 773, explained his reasoning.for not granting an easement for L. Blaser for access through Tract 773. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3863 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No'. 773 located at 1650 Southwood Drive subject to seven findings, EIR determination, three variances that were granted and 14 conditions with Condition 14 amended as follows: Area shown on tentative tract map as park shall become part of Lots 10 and 11 in a manner subject to staff approval. The Subdivider shall fees in lieu of park dedication as specified by city subdivision regulations. Passed and adopted on the following roll call vote:: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper ' NOES: None ABSENT: None C -10 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3864 (1979 Series), a resolution of the Council of the City of San Luis Obispo increasing election election appropriations for the 1979 -1980 fiscal year. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -11 The City Council considered.a recommendation from.the Planning Commission that a second access limited to one driveway be granted to Hathaway Automobile Dealership on Los Osos Valley Road located on Auto Park Way and Calle Joaquin. On motion of Councilman Dunin, seconded by Councilwoman Billig, the recommenda- tion of the Planning Commission was approved and the staff was authorized to approve the extra driveway. C -12 On motion of Councilman Dunin, seconded by Councilwoman Billig, the communication from James R. Miles, 324 Cuesta Drive, regarding alleged over- charges to his water bill was referred to the Finance Director and Public Services Director for investigation and report to the City Council. Motion carried. C -13 On motion of Councilman Dunn, seconded by-Councilwoman Billig, the following resolution was introduced: Resolution No. 3865 (1979 Series), a resolution of the Council of the City of San Luis Obispo authorizing the City Council Minutes June 5, 1979 - 4:00 P.M. Page 7 Community Development Director to execute inspection agreements for minor projects and the Public Service Director to accept the work on behalf of the City of San Luis Obispo. Passed and adopted on the following roll call.vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -14 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following-resolution was.introduced: Resolution No. 3866 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Cal -Coast Construction, Inc., and 84 Lumber Company concerning the use of a well and appurtent facilities. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -15 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following.iesolution was introduced: Resolution No. 3867 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and T.B.D. Enterprises for widening of Orcutt Road. ' Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None - ABSENT: None C -16 On motion.of Councilman Dunin,. seconded by-Councilwoman Billig, the following resolution was introduced: Resolution No. 3868 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an offer of dedication of a storm drain easement and approving an agreement with Alice Randall for inspection of the storm drain. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None 411W *I)V�Z =6 C -17 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3869 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an ' agreement between the City and Warren F. Dolezal for installation of certain improvements on South Higuera Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -18 On motion of Councilman Dunin, seconded by Councilwoman Billig, the Mayor was authorized to accept and record and behalf of the city a sewer and waterline easement for Oliver and Sandra Noyes. Motion carried. City Council Minutes June 5, 1979 - 4:00 P.M. Page 8 C -19 On motion of Councilman Dunin, seconded by-Councilwoman Billig, the Mayor was authorized to accept a sewer easement from Thomas Burt, 2701 Augusta Street, and record same on behalf of the city. Motion carried. C -20 On motion of Councilman'Dunin,'seconded by Councilwoman Billig, the notice of receipt by the city of the Certificate of Distinction for public information material by the Community Development Department was received and filed and copies of the letters were ordered placed in the employees personnel file. Motion carried. B -1 The City Clerk reported on the following bids received for "UNIFORM AND LAUNDRY SERVICE ": Red Star Indistrial Service 139 South A Street Lompoc, CA 93436 Mission Linen Supply P.O. Box AM Morro Bay, CA 93442 Model Linen Supply 33 South Street San Luis Obispo, CA 93401 Valley Industrial Services P.O. Box 6397 East Bakersfield, CA 93306 Price per Uniform Change .88C .900 .95fi $1.05 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduded:: Resolution No. 3870 (1979 Series), a resolution of the Council accepting the low bid of Red Star Industrial :'ervice. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None B -2 The City Clerk reported on.the:following bids received for "MISSION PLAZA ARBOR ", City Plan No. C -29, bids opened June 4, 1979 at 2:00 p.m., bid estimate $23,000: Conco Engineering, Inc $26,591.00 P.O. Box 511 San Luis Obispo, CA 93406 Walter Bros. Construction 33,070.00 P.O. Box 809 San Luis Obispo, CA 93406 R. Burke Corporation 36,472.00 P.O. Box 957 San Luis Obispo, CA 93406 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3871 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the low bid of Conco Engineering, Inc. in the amount of $26,591.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None SENT: None 1 1 1 City Council Minutes June 5, 1979 - 4:00 P.M. Page 9 The City Clerk was directed to contact the trustee of the DuVall Estate for release of .sufficient funds to construct the Mission Plaza Arbor. There being no further business to come before the Council, Mayor Cooper adjourned the meeting at 6:00 p.m. to 7:3.0 p.m., Tuesday, June 5, 1979. I Approved by Council on 7/3/79.' ,: �y patrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 5, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call COUNCILMEMBERS - Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and .Mayor,Lynn R. Cooper Absent: None CITY STAFF Present: Lee Walton, Administrative Officer; J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Henry Engen,.Director of Community Development; Wayne Peterson, City Engineer; Roger Neuman, Police Chief A. Councilmen Jorgensen and Dunin, Council Subcommittee, submitted a list of candidates, not listed by priority, for appointment to fill a vacancy on the Planning Commission and also to- fill.new terms starting on 7/1/79. On motion of Councilman Bond, seconded by-Council-man Dunin, that Sylvia Drucker be appointed to complete the term of Ms- Billig and would expire 6/30/81. Also, that Mike DeNeve, Sidney Findley, Allen Settle and Rob Rossi be appointed for new terms effective 7/1/79 through 6/30/83 on the City Planning Commission. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Dunin and Mayor Cooper NOES: Councilmembers Billig and Jorgensen _ ABSENT: None ' On motion of Councilman Jorgensen, seconded by Councilman Bond, that if any future vacancies on the Planning Commission, Council would select from the running list of two applicants for the next six months. Motion carried. 13. The City Council-held a public hearing on City .Council Resolution No. 3835 (1979 Series), a Resolution.of Intention to-abandon a 20 foot alley bounded by Santa Rosa, Toro and Higuera Streets. Wayne Peterson, City Engineer, explained to the City Council what was being proposed and what was to happen to the land that was abandoned. City Council Minutes June 5, 1979 - 7:30 P.M. Page 2 Mayor Cooper declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Cooper declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Dunin, Resolution No. 3872 (1979 Series), a Resolution of the Council of the City of San Luis Obispo finding that a 20' alley in the block bounded by Santa Rosa, Toro, Marsh and Higuera Streets was no longer needed for street purposes and abandon- . ing same with reservation for utility easements was introduced. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None 14. The City Council held a public hearing on an appeal of a Planning Commission decision to require a focused environmental impact report on the proposed General Plan amendment for property on South Higuera Street near Prado Road, Walter Bros. Construction Co., appellant. Andrew Merriam, Merriam, Deasy & Whisenant, architectal planning consultants for Walter Brothers, stated that they disagreed with the requirement of a focused environmental impact on the proposed General Plan Amendment (UP0743 -T) for the Walter Brothers Construction Company's property on South Higuera Street near Prado Road. This appeal did not indicate an unwillingness to cooperate with the study of the environmental impacts that the General Plan Amendment might create. There disagreement was with timing and format. In this respect, they concur with the city staff report which recommended a negative declaration. They also agreed with the staff the two real issues here were circulation and land use policy. In terms of timing, it was the contention of the developer , that circulation could not be realistically studied until a site plan was generated, with specific ingress /egress points and some physical basis for determining traffic flow characteristics and actual numbers of vehicle trips. Particularly with an "S" designation attached to the proposed PF rezoning for the property, the City would have the opportunity for a complete review and acceptance or denial of any circulation scheme. In any case, circulation would be as sensitive an issue if conforming CH uses were developed on this land; it was difficult to justify a study of the circulation impacts of the General Plan Amendment itself. He continued that the Planning Commission decision to require the format of a focused environmental impact report created problems affecting the land use policy issue. Hiring an independent consultant to analyze concerns which were more in the realm of policy making than data review represented an avoidance of direct participation in decisions about County facilities which the City had been faced with for years. Hopefully, the City could analyze the proposed amendment in a cooperative effort with County representatives to determine whether or not mutual goals were being satisfied, rather than subject the County to an arm's length study which could hardly shed any new light on the subject. In conclusion, the developer felt that either of the two alternatives were preferable to a focused EIR on the General Plan Amendment: 1) A Negative Declaration, as recommended by city staff, with the understanding that some sort of focused environmental impact study would take place when the design for the County Social Services Facility itself was reviewed. 2) An Expanded Initial Study, to be undertaken by city staff with the assist- ance of County representatives and MDW, Inc., as the applicant's represent- ative, focusing on circulation and land use policy issues. Under this for- mat, some early decisions could be reached regarding site planning, including establishing acceptable alternate circulation schemes and site utilization layouts. City Council Minutes June 5, 1979 - 7:30 p.m. Page 3 He stated that Walter Bros. had started in 1975 through_the City Planning Commission and City Council and approved the master plan for their property at the corner of South Higuera and.Prado Road and since that time they had been expanding to meet their master plan. He asked the City Council to uphold the appeal of the property owner. Tom Joneau, Facilities Coordinator for the County of San Luis Obispo, spoke in support.of allowing the General Plan to be amended to-allow the County Services Deparment to lease from the Walter Brothers development on Higuera Street off Prado Road. He also stated that by combining all three existing social service facilities, economics would be.realized by this combination, in addition to serving the clients with access to County -wide highway system. This was the best location so far after five years of study. Henry Engen, Community Development Director, reviewed the recommendation of the Planning Commission that.the applicant had applied for an amendment so that Walter Brothers Construction Company could development a site for the State Employment Department and the.County Social Services Department. After the hearings, the Planning Commission required a focused EIR covering traffic, flooding and conformance with the community goals and policies. On behalf of the staff, they favored a negative declaration provided the plan amendment was modified as recommended by the Planning Commission. Finally, he stated that the Planning Commission's concerns were: 1) the approach to develop this area had been piecemeal and evaluation of accumulative effects had been deferred.contrary to the intent of CEQA.and the City's Guide- lines. They felt an overall development plan was needed. 2) More alternatives - alternative sites -- should be considered. Other sites may be more desirable, particularly considering convenience of access; 3) Before the City could establish definite policies on government facilities, it must know the overall (mainly traffic) resulting from government offices use of this site. ' Mayor Cooper declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the City Council support the appeal and accept the recommendation of the planning staff that a negative declaration be issued on the General Plan Amendment for public facilities "S" use. Motion carried, all ayes. On motion of-Councilman Jorgensen, seconded by.Councilman Dunin, that the staff be directed to proceed with recommendations of.the General Plan Amendment and site planning. Motion carried, all ayes. 15. The City Council held a public hearing on the recommendation of the City Planning Commission to consider six proposed changes to the Land Use Element of the City's General Plan. A. GP 0743 -A Glen Matteson, Planning Assistant, presented the recommendation of the Planning Commission, stating that the 1972 General Plan showed this property as low density residential. When the 1977 Plan was adopted, the City was negotiating to buy this property for expansion of the Golf Course Driving Range so it was shown as part of the park designation. The City's had since acquired a part of the land but not this parcel. Not all use allowed .under the current PF zoning were consistent with General Plan policies. The Planning Commission initiated this amendment in December, 1978. The Planning Commission, at their May 9 meeting, recommended either medium density or medium high density land use for this property. The majority favored the medium density but only four votes were required for formal approval. Mayor Cooper declared the public hearing open. Jane Lily, Planner with Priest, Richmond, Rossi & Montgomery, spoke on behalf of the owners, asking that the City Council rezone the property to R -3 land use or medium high density. George Hedley, owner of the property, reviewed the sad rezoning problems since 1976 that these property owners had faced as the city had wanted to purchase a part of the lot for a golf course but could not come up with the money so the City Council Minutes June 5, 1979 - 7:30 p.m. Page 4 city would.now like to rezone the property from PF to R -2 but the property owners would like R -3 zoning in order to make economic use of the parcel with adjacent land. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he could support the R -2 density. Councilwoman Billig stated she could - support an R -2 density as she felt it ' would be compatible with- adjacent property but she could support R -3 without any problem. Councilman Jorgensen stated he could support R -2. Councilman Bond stated he could support R -2. Mayor Cooper stated he could support R -3 for -the (neighborhood "for medium -high density land use on the General Plan. On motion of Councilman Jorgensen, seconded by Councilman Bond, that the City adopt a medium density designation for the subject property and amend the General Plan accordingly. AYES: Councilmembers Billig, Bond and Jorgensen NOES: Councilmember Dunin and Mayor Cooper ABSENT: None B. GP 0743 -B Glen Matteson presented the recommendation of.the Planning Commission as follows: The urban reserve line (the extent of eventual urban development , to be served by city utilities) lies above the elevation which could be served by the city's gravity fed system. When the Commission was considering two subdivisions south of this area, they initiated this change to move the urban reserve line closer to town. On their May 9 meeting, the Planning Commission voted to leave -the urban reserve line where it was and to approve the change in land use designation. Their motion of approval indicated that the designation could be changed back to low density residential if adequate utilities were provided. The Planning Commission accepted the Envirnomental Review Committee's decision to approve a negative declaration of the environmental impact. Mayor Cooper declared the public hearing open. No one appeared before the City Council for or against the proposed amendment. Mayor Cooper declared the public hearing closed. Councilman Jorgensen stated he could support A/C 5 to bring the zoning more in line and consistent with the General Plan. Councilman Bond stated he had no comment. Councilwoman Billig stated she could support the A/C 5 to bring the zoning into consistency with the General Plan. Councilman Dunin stated he could not support A/C in any case as he felt it was a confiscatory zone. He felt that their were a number of fine homesites on this land and they could be developed. On motion of Councilman Dunin, seconded by Councilman Bond, that the City Council retain the low density residential on this property and initiate zoning to R -1 -S. Motion carried, Councilmembers Billig and Jorgensen voting no. C. GP 0743 -C Glen Matteson presented the recommendation of the Planning Commission as follows: to change the land use designation of about eight acres from.service commercial /light industrial to medium- density residnetial. At their May 9 1 1 City Council Minutes June 5, 1979 7:30 p.m. Page 5 meeting, the Planning Commission voted to approve the amendment requested. They also recommended that the city initiate rezoning of the residential area to R -2 -S and the adjacent, vacant manufacturing area to M -S. The Commission also decided to grant a negative declaration on the environmental impact. Mayor Cooper declared the public hearing open. John King, representing New World, Inc., presented a lengthy statement for the rezoning of the 14.66 acre parcel of land located at the northwest corner of Laurel Lane and Southwood Drive. He explained the uses proposed for the land and the development thereof. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he could support the proposal. Councilwoman Billig stated she too could support the proposal. On motion of Councilman Jorgensen, seconded by Councilman Bond, that the City Council accept the recommendation of the Planning Commission and amend the General Plan adding zoning change. Motion carried, all ayes. E. GP 0743 -E Glen Matteson again presented the recommendation of the Planning Commission which was to change the text of the land use element concerning retail - commercial policies. He continued that the Planning Commission initiated this change when they denied rezoning for San Luis Mall in June, 1978. Over the last year there had been several attempts to write policies that would spell out what a new shopping center should and should not provide and what prerequisites if any should be met before one could be developed. At their May 9 meeting, the Commission voted to recommend approval of the attached text change, a negative declaration of the environmental impact. He then stated that the Land Use Element policies on retail - commercial use, subparagraph 4 would be amended to read as follows: "The City reaffirms its support of the Central Business District as a historic, architecturally unique and economically essential part of the community. The City will promote the economic stability.of the central business district. To assure its stability, other maior.areas in.the city will not be rezoned for retail commercial use until..a downtown parking program has been adopted by city. The city will take an.active role in encouraging the retention and expansion of county courts and administrative facilities in the downtown." Paragraph 6 to be amended as follows: "The City encourages a whole range of comparison shopping in the central business district and at Madonna Road. Additional retail space at Madonna Road should augment the existing shopping facilities. Development may be phased but would include a nondiscount department store and related shops Additional space in the central business district should reinforce the role of downtown as a regional shopping area, while also serving the needs of the community." Subparagraphs 11 and 12 were drop.ped.from.consideration. Mayor Cooper declared the public hearing open. Andrew Merriam asked for clarifications of various words that the Planning Commission used for example: what is meant by the word "adopted" in the sense about downtown parking. How long must property owners delay and con- tinue to support the BIA, County, City parking program if they never proceed? City Council Minutes June 5, 1979 - 7:30 p.m. Page 6 Henry Engen, Director of Community Development, any expansion of shopping centers outside of the the County had completed their expansion and all Mayor Cooper declared the public hearing closed. spoke in support -of limiting downtown shopping area until parking was completed downtown. Councilman Dunin stated he was in support of the Planning Commission to limit expansion of shopping centers until a downtown plan had been completed but he felt the City Council should carefully monitor the program and be prepared to act if the parking and other programs do not proceed. Councilwoman Billig stated she supported the Planning Commission's recommenda- tions except in number I. She felt the auto service should remain in downtown so -to remain convenient to downtown shoppers, salespersons, etc. Councilman Jorgensen stated he could support the Planning Commission recommend- ation. Councilman Bond also agreed to support the Planning Commission's recommendation. On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the City Council approve the recommendation of the Planning Commission in the amendments to the General Plan dealing with commercial expansion. Motion carried, all ayes. F. GP 0743 -F J Glen Matteson presented the recommendation of the Planning Commission which was to change the land use designation of about three acres from servoce commercial /light industrial to neighborhood commercial; and revise policies on neighborhood commercial expansion. At their May 9 meeting, the Planning Commission voted 5 -0 to recommend approval of the map change and modification of policies on the expansion of neighborhood commercial uses. The applicant , did not request the text changes, they were suggested by staff, to maintain consistency between the map and text and to provide rules for further expansion of neighborhood shopping areas. The Planning Commission also acted.to accept the Environmental Review Committee's decision to grant a Negative Declaration of environmental impact. Mayor Cooper declared the public hearing open. Jane Lily, planner representing the owner, stated that she had no comments to make but was ready to answer questions. Mayor Cooper declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Bond, that the City Council accept the recommendation of the Planning Commission for amending the General Plan including amendment to the text. Motion carried, all ayes. G. GP 0743 -G Glen Matteson presented the recommendation of the Planning Commission as follows: This was to be a General Plan Amendment which would change the land use designation of about 2.3 acres from medium denisty residential to medium high density residential. The City Council initiated this change so property at 1326 Higuera Street could be considered for R -3 zoning enabling a use permit consideration for a sorority house. At their May 9 meeting, the Planning Commission failed to approve or deny the amendment. After discussing the alternatives, they designated only one side of the street, or one medium high density, a motion to recommend approval of the amendment was approved by a 3 -2 vote with one member absent and one seat vacant. Henry Engen, Community Development Director, presented the recommendation of staff urging that the amendment be denied because it was not consistent with General Plan policies on locations'of medium -high density uses. The decision 17 City Council Minutes June 5, 1979 - 7:30 p.m. Page 7 finally reached after city -wide rezoning program, was to maintain the character of this area while allowing some additional development potential should be upheld. Mayor Cooper declared the public hearing open. Dick Shaffer, Cal Poly Instructor, submitted a poll that he prepared with regards to the proposed General Plan Amendment and subsequent zoning changes. He stated that his poll showed that the majority-of the persons questioned opposed the rezoning of property on Higuera Street. He concluded that his survey was fair and impartial as he was an honest professional. Rosemary Talley, President of the Housing Committee for Gamma Phi Beta, spoke in support of the amendment to the General Plan. She also stated for the Council's information, that contrary to Dick Shaffer's expert poll, no one interviewed any of their group and they are owners of their property and Shaffer stated that he had interviewed all property owners on Higuera Street. She also brought to the Council's attention, several petitions signed by resi- dents of the general area supporting the action of the City Council to amend the General Plan to show medium high density residential for the 100 block of Higuera Street between Johnson Avenue and Pepper Street. The petition was signed by 27 neighbors and adjacent property owners. Donna Gannet', 1367 Higuera Street, was opposed to the request. She stated she spoke for all owners and renters on Higuera Street between Johnson and Pepper Street. Mike , 1344 Higuera Street, stated he was in support of the R -3 zoning. He felt that this sorority would be an asset to the neighborhood as they had tried to meet all city conditions and because they have, they had been really been put over the humps. Further, he knew of many violations where large collections of people were living together without a permit and with no action from the city at this time. He felt that just because this group had tried to do the job of meeting all requirements, they were being penalized. Mayor Cooper closed the public hearing. Councilman Dunin stated he would support the R -3 on the west side of Higuera Street but if necessary he could support R -3 on both sides of Higuera Street. Councilwoman Billig stated she had no comment. Councilman Jorgensen again warned the City Council they should keep in mind that all uses allowed in this R -3 zone would apply to all areas zoned R -3 and other areas might not be as receptive to all these allowed uses. On motion of Councilman Bond, seconded by Councilman Dunin, that the City Council amend the General Plan to R -3 on the even side of Higuera Street only and direct the Planning Commission to initiate the necessary rezoning. Motion carried, Councilmembers Billig and Jorgensen voting no. Staff was directed to prepare the necessary resolutions and documents to effectuate all the items, just taking care of items A through G of the General Plan. 16. The City Council considered an ordinance.to enable the institution of preferential parking in residential areas by resolution. ' Wayne Peterson, City Engineer, stated that the City Council had received petitions from residents in the neighborhood south of Cal Poly requesting preferential parking. The Council referred the item to staff directing the preparation of an ordinance and resolution. He stated that after looking the matter over, the staff recommended that the Council pass to print the ordinance, hold a public hearing to receive input, and adopt the resolution establishing the various parking districts. He stated that the start -up costs which would be for street signs, vehicle stickers, police department City Council-Minutes June 5, 1979 - 7:30 p.m. Page 8 equipment, enforcement personnel, overhead and equipment replacement would be $17,750 for the first year and after the first year, the average cost for a four year period to maintain the program would be $11,825. Mayor Cooper declared the.public hearing open on the adoption of the proposed ordinance. Tom Schuman, Cal Poly professor, stated he was opposed to the adoption of t any ordinance by the city that would:discriminate against Cal Poly instructors and students by prohibiting parking in front of residences near Cal Poly. He felt this was unfair and discriminatory. He felt the ordinance, if adopted, should by city -wide and not just near poor Cal Poly. Dorothy Connor, representing the neighborhood groups, urged the City Council to initiate the preferential parking.ordi.nanc.e in their neighborhood. She again reviewed the reasons for the neighborhoods demand for this protection. Henry Case, Traffic Engineer, stated he was.in support of.the ordinance. He felt it was reasonable and should be adopted by the City Council by a neigh- borhood by neighborhood basis as the neighborhoods requested it. David Cann, 1503 Slack Street, Cal Poly professor, stated he was apposed to the provisions of the new ordinance. He felt it was unfair to discriminate against persons parking in front of residences. He felt it was unfair and discriminatory. George Lewis, 209 Longview Lane, stated he was opposed to the proposed ordinance as it was unfair and discriminated against a segment of the city's population either working or going to school at Cal Poly. He did not feel it was any way to treat residents of the community. He was appalled that any government would even consider such a discriminatory action. He.suggested that enforcement of existing parking laws in the neighborhood might solve the problem. Mayor Cooper declared the public hearing - closed. , Councilman-Dunin felt the University.should. supply parking for professors and students and not push them into the adjacent residential areas. Councilwoman Billig stated she would support the ordinance. Councilman Jorgensen stated he had strong reservations on the adoption of the ordinance. He hoped that there would be some other way to protect the adjacent neighborhood from-Cal Poly. He felt the University should meet the needs but he would support the ordinance. Councilman Bond stated he was opposed to the revisions of the ordinance. He felt it was sad that the University Administration did not do their job and provide parking for students, professors, etc. He was opposed to the ordinance. Mayor Cooper stated he would support the enabling ordinance but looked to other rules and regulations to protect the neighborhood from parkers. On motion of Councilman Dunin, seconded by Councilwoman Billig, the following ordinance was introduced: Ordinance No. 810 (1979 Series), an ordinance of the City of San Luis Obispo adding Sections 3209.17 to 3209.23 to the San Luis Obispo Municipal Code to limit parking in designated residential areas congested with parked vehicles to those vehicles registered to-or controlled by and used exclusively by persons residing in the area. ' Introduced and passed to print on the following roll call vote: AYES: Councilmember.s Billig, Dunin, Jorgensen and Mayor Cooper NOES: Councilman Bond ABSENT: None 17. Wayne Peterson, City Engineer, brought to the Council's attention consideration of an ordinance to suspend the operation of parking meters by resolution. This request was started by the BIA to allow them to place bags City Council Minutes June 5, 1979 - 7:30 p.m. Page 9 over certain meters in the downtown area on certain days to allow free parking for customers. The intent of-the prop.osal was to encourage shoppers to use meters with little use on Saturdays due to the fact that the government offices are closed. Staff recommended that the ordinance be approved by the Council. Staff would present a resolution allowing the BIA to bag certain meters in the downtown area. He then reviewed the provisions of the ordinance which would amend the ' time of operation of parking meters. On motion of Councilman Dunin, seconded by Councilwoman Billig, the following ordinance was introduced: Ordinance No. 811 (1979 Series), an ordinance of the City of San Luis Obispo amending Section 3213.2 of the San Luis Obispo Municipal Code to allow-the City Council to suspend parking meter operating provisions by resolution. Introduced and passed to print on the following roll-call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen.and Mayor Cooper NOES: None ABSENT: None 18. The City Council reviewed a report from the-.Planning-Commission on the referral by the Council of March 5, 1979 of a written complaint and petition of Planning Commission treatment of the public. Henry Engen stated that at the April 11, 1979 meeting, the Commission considered the matter and voted to forward their minute discussion to the City Council to both the petition and the letter from Joe and Penny Rappa. He then reviewed the minutes of that meeting in the discussion regarding the decorum of the Planning 1 Commission. Councilman Jorgensen stated that he felt that the Planning Commission had reviewed their actions and that by the comments in the minutes had taken into account their treatment of the public. He felt that all people working in public service, whether it be as a full -time employee, part =time of as an advisory board member, must be aware that they serve the public and should control themselves when doing public business. He realized that sometimes pressures make it very difficult but that if anyone accepts one of these positions they should attempt to keep control of themselves. Councilman Bond agreed that the Planning Commission had learned their lesson and he hoped that this would take care of it. He also felt the staff of the Planning Department should be aware of the public's responses during the public hearing on the 11th of April and also aware of the public's feeling to treatment by public officials. Councilwoman Billig stated'she was on the Planning Commission when these complaints happened and she agreed that the Planning Commission members, several of them went overboard on several occassions, with rudeness to the public and she felt that if this continued, no citizen would ever come forward and attempt to present information to the City Council. She hoped the Planning Commission,'by this public hearing, had--learned their lesson that they do work for the public and that everyone should be listened to carefully. Councilman Dunin stated that he had nothing to add except that all boards, commissions and city staff represented the City Council whenever they spoke and they should learn to control-themselves and-'speak very calmly and very fairly to all the public. He said there was no excuse for anyone within the city organization to be rude or unpleasant to the public. On-motion.of Councilman Dunin, seconded by Councilman Bond, that the report of the Planning Commission be received-and filed. City Council Minutes June 5, 1979 - 7:30 p.m. Page 10 There being no further business to come before the City Council, Mayor. Cooper adjourned the meeting to Friday, June 8 at 12:15 p.m. in.the Council Hearing Room. Approved by City Council 7/17/79 ,4PR� atrick, City Clerk ------------------------------------------- ------------------------ - - - - -- M I N U T E S ADJOURNED MEETING OF.THE CITY COUNCIL CITY OF SAN LUIS OBISPO, . FRIDAY, JUNE 8, 1979 - 12:10 P.M. COUNCIL CHAMBERS, CITY HALL Roll Call COUNCILMEMBERS Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and Mayor Lynn R. Cooper Absent: None CITY STAFF Present: Lee Walton, Administrative Officer; J..H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Joyce Levin,•Recreation -Supervisor --- - - - - -- , --------------------------------------------------- - - - - -- 1. City Council considered an appeal from the Abalone Alliance of con- ditions established by the Park and Recreation Director for use of Laguna Lake Park for a rally. Joyce Levin, Recreation Supervisor, presented the conditions established by the Park and Recreation Director for the use of Laguna Lake Park. She stated he disallowed the request for the use of the park on June 29 and 30, because of the great numbers of participants expected would do irreputable damage to the park area and he felt it must be disallowed. He did inform them that they could appeal their decision to the City Council. He felt should the appeal be upheld by the Council, the conditions that should be met would be: 1) all street parking guaranteed; 2) crowd and traffic control recommendations through the Police Department; 3) sanitation requirement recommendations from the County Health Department; 4) garbage collection requirements; 5) cleanup deposit fees; and 6) insurance requirement. Lee Walton, Administrative Officer, stated it was still staff's opinion that the Laguna Lake Park was too small and could not handle the numbers estimated by the Abalone Alliance as participants in this celebration. Peter Lumsdaine, Abalone Alliance, stated that the group was not appealing the denial of the permit by the Park and Recreation Director as they agreed that Laguna Lake Park would.be inappropriate for their use although the reason why they applied they felt they needed somewhere to hold the rally because of the number of people who are planning on attending. He thanked the City Council for their cooperation in attempting to solve their dilemma. The Council then reaffirmed their position to cooperate with the Abalone Alliance group for their rally and use of E1 Chorro Park, both as to insurance requirements and as to cleanup requirements.