HomeMy WebLinkAbout06/19/1979M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 19, 1979 - 4:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Pledge
Roll Call
COUNCILMEMBERS
Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and
Mayor Lynn Cooper
Absent: None
CITY STAFF
Present: Lee Walton, Administrative Officer; J.H. Fitzpatrick, City
Clerk; George Thacher, City Attorney; Henry Engen, Community
Development Director; Wayne Peterson, City Engineer; Roger
Neuman, Police Chief; Pam Voges, City Clerk Secretary
2. The City Council considered adoption of the Rules and Regulations
Governing the Use of Mission Plaza.
George Thacher, City Attorney, explained that the first action would be to
adopt an ordinance establishing rules and regulations and following up the
resolution with the detail of the operation.
The City Council received a memorandum from Robert H. Mott, Attorney for
the Old Mission Church, stating they would like to request that all event
or program organizers at the Mission Plaza notify the church at least 30
days in advance so they could arrange their schedule accordingly.
George Thacher, City Attorney, stated that between now and the time the
resolution was adopted, hopefully, an adequate scheduling program could
be adopted to the satisfaction to the church.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the follow-
ing ordinance was introduced: Ordinance No. 812 (1979 Series), an ordinance
of the City of San Luis Obispo adding Section 4226.11 to the Municipal Code,
Article IV, Chapter 2 to provide rules for the use of Mission Plaza.
Passed and adopted on the following roll call vote:
AYES: Councilmemembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
3. The City Council reconsidered the application for Minor Subdivision
No. 78 -86 to create two additional lots at 1425 Woodside Drive, R -2 zone,
Hacienda Hospital, Inc., subdivider.
1. Wayne Peterson, City Engineer, presented a detailed report to the
City Council on their request as to why the project on Santa Rosa Street
Widening took so long. He reviewed several matters that added to the length
of time: 1) the contractors method of operation; and 2) inclement weather.
He felt there were several matters that could of been handled differently
had the city been in charge of the job but as it was done by the State, the
project was under their inspection and control. He concluded his comments
by stating that based on the problems of this particular project, the city
was revising its specifications to call for the contractor to minimize the
amount of disruption that can occur during any one project. Usually the
more conditions placed on a contractor by the city, the more expensive the
'
contract becomes.
The report was ordered received and filed.
2. The City Council considered adoption of the Rules and Regulations
Governing the Use of Mission Plaza.
George Thacher, City Attorney, explained that the first action would be to
adopt an ordinance establishing rules and regulations and following up the
resolution with the detail of the operation.
The City Council received a memorandum from Robert H. Mott, Attorney for
the Old Mission Church, stating they would like to request that all event
or program organizers at the Mission Plaza notify the church at least 30
days in advance so they could arrange their schedule accordingly.
George Thacher, City Attorney, stated that between now and the time the
resolution was adopted, hopefully, an adequate scheduling program could
be adopted to the satisfaction to the church.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the follow-
ing ordinance was introduced: Ordinance No. 812 (1979 Series), an ordinance
of the City of San Luis Obispo adding Section 4226.11 to the Municipal Code,
Article IV, Chapter 2 to provide rules for the use of Mission Plaza.
Passed and adopted on the following roll call vote:
AYES: Councilmemembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
3. The City Council reconsidered the application for Minor Subdivision
No. 78 -86 to create two additional lots at 1425 Woodside Drive, R -2 zone,
Hacienda Hospital, Inc., subdivider.
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 2
George Thacher, City Attorney, explained that this application was denied
by the City Council on February 20, 1979 and at that time would have created
three lots on the single existing parcel where Hacienda Hospital, a convalescent
hospital, was now located. He summarized the Council's reasons for denying
this subdivision as follows: 1) the physical unsuitability of the site for
the type of development proposed; 2) the physical unsuitability of the site
for the proposed density of the development; and 3) the inconsistency of the
proposed subdivision with one of the residential land use objectives of the '
land.use element of the General Plan. He continued. that Government Code,
Section 66474, stated that a legislative body.of a city or county shall deny
approval of a final or tentative map if it makes any of the following findings:
A) That the proposed map was not consistent with applicable general and
specific plans;
B) That the design or improvement of the proposed subdivision was not con-
sistent with applicable general and specific plans;
C) That the site was not physically suitable for the type of development;
D) That the site was not physically suitable for the proposed density of
development.
He stated that shortly after the denial, the applicant filed a petition for
writ of mandamus in the San Luis Obispo Superior Court alleging that the
Council's denial of Minor Subdivision No. 78 -86 was: 1) an abuse of discre-
tion in that the proposed subdivision complied in all respects with the
applicable city regulations and standards; and 2) not supported by the evi-
dence before the Council when the decision to deny was made. Ordinarily,
in a mandamus action of this type the judge must either dismiss the petition
or grant some affirmative relief, i.e., order a granting of that which city
has denied. In this action, however, after hearing arguments and considering
written authorities from the city and applicant,Judge Wickson Woolpert issued
the following order:
"(City) hereby is directed within sixty (60) days from the date
of this Order to review its decision.dated February 20, 1979, in '
the administrative proceedings entitled Resolution No. 3779 (1979
Series), rehear the application for minor subdivision denied by
such decision, and to substantiate the findings made,in such reso-
lution in light of the evidence considered."
He stated that the Council had three options:
1) Grant the application as requested; this option, of course, rendered
moot the legal action.
2) Request a modified application, e.g., combine the two small lots into
one; limit building height to one story, etc.
3) Deny the application for the reasons given in Resolution No. 3779,
with specific recitals of.fact in support of findings a., b., and c.
in the Resolution.
Henry Engen, Community Development Director, outlined for the Council's
information the history behind the proposed minor subdivision. He.stated
that the property involved was approximately 3.4 acres and was zoned medium
density residential under the General Plan. He stated the developer, Hacienda
Hospital, Inc., proposed to create two additional lots of 10,260 and 9,990
sq. ft. on the Southwood Drive frontage of the hospital site.
He outlined the course of events taken by legislative bodies as follows:
1) Council approved two parcel splits (created lot from parking lot served ,
by cul -de -sac with parking relocated to Southwood.frontage area) in May,
1977.
2) Planning Commission heard request by applicant for revised lot split and
request for a continuance to work out alternatives in June, 1978 and
denied it.
3) The Planning Commission approved the map for three lots and eliminated
cul -de -sac requirement in October, 1978.
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 3
4) The City Council denied the proposed lot division in October, 1978
(applicant not present).
5) City Council referred minor subdivision back to Planning Commission for
redesign with emphasis on lot depth variance and location concerns in
November, 1978.
6) Planning Commission voted to deny the redesign extending lot depth 20'
in January, 1979.
7) City Council moved to deny Minor Subdivision 78 -86 on February 6, 1979.
8) City Council adopted Resolution denying approval on February 20, 1979.
He continued that staff felt the visual impact would be severe. Staff supported
the earlier Council denial which would have the effect of holding the applicant
to the use approved in the original use permit. They did not feel the neighbor-
hood or hospital would be enhanced.by approving this subdivision. The view
from the hospital would be cut off and the new lots would lack privacy due to
their shallow depth and proximity to the hospital.
George Thacher again stated that the minor subdivision did comply with all
requirements but if the Council wished to deny the minor subdivision to list
again the reasons stated in the former resolution denying the subdivision and
specify additional reasons in support of findings.
Mr. Peterson continued that another consideration the Court heard and, in
his opinion, concurred with, that under the State Subdivision Act, the Planning
Commission had the authority to give final approval on this matter and would
only be heard by the City Council on an appeal basis. The matter had not been
appealed to the City Council but came to that legislative body on a city staff
referral. He felt the Planning Commission approval should have been a final
' act and he interpreted the court order that it also questioned why it wasn't.
He stated the proposed use was clearly within the proposed plan and zoning
and this was why the Court wished to have this case reconsidered by the City
Council.
Vic Farrell, officer of Flagg Industries (which is the parent company of
Hacienda Hospital), stated that their company operated 19 nursing homes and
with regard to the concern that patients of Hacienda Hospital would be denied
an important view, was not a valid concern as they had found that patients
appreciated activity more than they did an empty lot. He stated that the
proposed use of this property was in keeping with other uses in the area,
that triplexes and duplexes were across the street and therefore urged the
Council to favor their proposal.
Councilman Jorgensen stated he was still not persuaded to change his original
opinion. He felt the proposed development was not an appropriate use of this
land, that the land should remain a single unit to act as a buffer between
the hospital and the neighborhood, and that to subdivide as proposed would
create conflicts between the hospital and residential uses to be developed.
He felt the original intent of the use of this property was unclear and he
felt a legislative body could change their mind based on the information
suppled them. The property in question should be considered as an important
area to be left as open space, otherwise it could have an adverse effect on
hospital residents. The property lot with a 90' depth in his opinion was
usable only to a depth of 10' and could cause a crammed site. He supported
' the Council's original findings and wished to uphold them.
Councilman Dunin agreed with the comments made by Councilman Jorgensen. He
felt that if the City allowed the change in the use of this land, it would
create an incompatible use.
Councilwoman Billig also agreed with the other comments by Councilmembers.
She felt the proposed use of this property would cause the land to be too
constrained to build on. She felt the city had given the applicant another
alternative which they had chosen to ignore.
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 4
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, to
direct the City Attorney to prepare a resolution denying the Minor
Subdivision No. 78 -96 based on the original findings made by the Council
in their original resolution which denied the subdivision along with the
additional findings and comments made this evening and bring it back to
the Council for adoption. Motion carried unanimously.
4. The City Council considered a recommendation from the Planning
Commission to approve the tentative map for Tract No. 722, a 24 lot resi-
dential subdivision on approximately 7 acres at 1680 Southwood Drive, R -1
zone, Leonard Blaser, subdivider.
1
Dan Smith, Planning Associate, presented the recommendation of the Planning
Commission which was to recommend approval of the project with certain
variances for lot area and dimensions and subject to findings and conditions
of approval for the Council's consideration. The-Planning Commission recommended
variances for Lots 2, 3, 4, 8 and 16 with required front footages, Lot 8 required
average depth, Lot 23 for area, front footage and depth and Lot 24 for front
footage with the following findings:
a) There were unique site characteristics including.a drainage channel and
unusual tract dimensions.
b) The spirit of intent of the subdivision regulations were fulfilled in
that the overall subdivision provided for lots compatible with the
surrounding neighborhood and suitable for construction of homes.
c) The variances were not a grant of special privilege because of a.
and b. above.
Mitch Walker, designer and engineer for Tract 772 appeared before the City
Council urging approval of the tract map with conditions established by
the Planning Commission and stating he was ready to answer any questions
the Council might have.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the follow-
ing resolution was introduced: Resolution No. 3873 (1979 Series), a resolu-
tion of the Council of the City of San Luis Obispo granting approval of
Tentative Tract Map No. 772 located at 1680 Southwood Drive.
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 an amendment to the Jenks & Harrison
contract, consulting engineer services in connection with the wastewater
treatment and disposal facilities. The revised total budget for the design
of the treatment facilities was $228,000 which represented an increase of
$39,800 over the original total budget set forth in the first amendment.
This was caused primarily by the scope of the treatment work project unit
had increased beyond that which was contained in the project report. The
basis upon which the original design fee was negotiated and subsequently
authoritzed for amendment to the agreement for engineering services.
D.F. Romero, Public Services Director, reported that the contract increase
of $39,800 would be paid for by the Federal Governent in the amount of
$29,850 and the State $4,975 and the City $4,795. He concluded by saying
that he had contacted the contractor administrator for the Division of
Water Quality regarding this increase in Stated and Federal obligations and
was informed that the minor change in the design contract were normally
approved routinely based on the local agency approval.
On motion.of Councilman Jorgensen, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 3874 (1979 Series),
a resolution of the Council of the City of San Luis Obispo approving a
third amended agreement with Jenks & Harrison for consulting engineering
services in connection with wastewater treatment and disposal facilities.
1
1
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 5
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
' 6. Request from Cal -Coast Construction regarding final improvements of
Tract No. 592 was withdrawn.at the request of the developer.
7. On motion of Councilman Bond, seconded by Councilwoman Billig, plans
and specification for the "LIQUID ALUM STORAGE TANKS ", City Plan No. C -27,
were approved and staff was authorized to call for bids. Bid estimate $39,500.
Motion carried.
CONSENT ITEMS
C -1 On motion of Councilman Dunin, seconded by Councilman Bond, claims
against the City for the month of June were approved and ordered paid. Motion
carried.
C -2 On motion of Councilman Dunin, seconded by Councilman Bond, minutes
of the following Council meetings were approved: May 1, 1979 - 7:30 p.m.,
May 7, 1979, May 14, 1979, May 23, 1979 and May 31, 1979. Motion carried.
C -3 On motion of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 3875 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving participation
by the City in.a.deferred compensation plan for city employees.
Passed and adopted on the following roll call vote:
' AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
C -4 On motion.of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 3876 (1979 Series),
a resolution of the Council of the City of San Luis Obispo granting approval
of tentative map for Minor Subdivision No. 79 -174 located at 204 -290 Madonna
Road, Coyote Corporation, subdivider.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
C -5 The City Council considered Tentative Map for Minor Subdivision No.
79 -02, to adjust lot lines on two-lots at 275 and 275 Buena Vista Avenue, R -1
zone, Thomas and Marilyn Brennan, developers.
' Henry Engen stated that a portion of an existing house was build across the
lot line between two lots of record. The subdivider wanted to adjust his
lot line so that the house was all on one lot and the remaining vacant lot
could then be sold and developed. The Planning Commission unanimously
recommended the City Council adopt the attached resolution approving the
tentative tract map for Minor Subdivision 79 -02 subject to four findings,
two exceptions and seven conditions. The exceptions:
1) Exception to minimum lot area on Parcel A was hereby granted with the
following findings:
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 6
a) There were exceptional circumstances applying to the site's size
and topography when considering the size and topography of other
lots in the neighborhood.
b) Exception was not a grant of special privilege inconsistent with
limitations upon other properties in the vicinity with the same
zoning.
c) Granting an exception would not adversely affect the health, safety
or general welfare of persons residing or working in the vicinity. ,
2) A temporary waiver of sidewalk installation was hereby granted, subject to
the subdivider signing an agreement stating the sidewalk shall be installed
within 30 days after notice by the City Engineer that the sidewalk was
necessary.
Councilman Jorgensen stated he was opposed to approving this subdivision or
lot split as he did not feel that the Planning Commission had made the proper
findings to grant the exceptions and would therefore be a grant of special
privilege if the lot split were approved. He would support the staff
recommendation and deny the request.
Councilwoman Billig agreed stating she could not make the findings necessary
to grant the variances as recommended by the Planning Commission.
On motion of Councilman Dunin, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 3877 (1979 Series), a resolution
of the Council of the City of San Luis Obispo granting approval of Tentative
Minor Subdivision 79 -02 located at 275 Buena Vista Avenue.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond., Dunin and Mayor Cooper
NOES: Councilmemb.ers Billig and Jorgensen
ABSENT: None
C -6 The City Council considered the approval of Tentative Map for Minor
Subdivision No.. 79 -094, to create two new lots from two existing lots located
at 573 and 579 Highland Drive and 618 Felton Way, Archie Lux, subdivider.
Henry Engen, Community Development Director, stated that the Planning Commission
unanimously recommended Council adopt the resolution granting approval of the
tentative parcel map for Minor Subdivision No. 79 -094, subject to four
findings and eight conditions listed in the resolution.
Councilman Jorgensen stated he had no objection to the minor subdivision
but felt that an additional condition should be inserted which was that
limited access to one driveway be made for Highland Drive in order to
control access to this street and the location of the driveway be deter-
mined at the time the property was developed.
On mo.tion..of Councilman Jorgensen, seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 3878 (1979 Series),
a resolution of the Council of the City of San Luis Obispo granting approval
of Tentative Minor Subdivision No. 79 -094 located at 579 Highland Drive and
618 Felton Way as amended.
Passed and adopted on the following roll call vote: '
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT.: None
C -7 The City Council considered Tentative Map for Minor Subdivision No.
79 -096 to create two lots from one lot at 585 Highland Drive and 630 Felton
Way, R -2 -S and R -1 zone, Claud Batchelor, subdivider.
City Council Minutes
June 19, 1979 - 4:00 P.M.
Page 7
Councilman Jorgensen stated the same recommendation on this development that
a one foot non - access strip be added in order to protect access to this
particular high speed street.
On motion of Councilman. Jorgensen,.seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 3879 (1979 Series), a
resolution of the Council of the City of San Luis Obispo granting approval
' of Tentative Minor Subdivision No. 79 -096 located at 630 Felton Way and
585 Highland Drive as amended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
C -8 The City Council considered an agreement between the City of San
Luis Obispo -and Mr. Richard Shipman and Carol Vaughn for construction of
a waterline and installation of one fire hydrant with connecting lateral
and related facilities on Swazey Street as part of necessary improvements
for construction by the property owners.
On motion of Councilman Dunin, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 3880 (1979 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement between
the.City and.Richard Shipman and Carol Vaughn for construction of a waterline
for Lot 9, Block 187 -B.of the Ingleside Homestead Tract ( Swazey Street).
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None .
ABSENT: None
C -9 Request from Robert Strong, on behalf of Gann Investments, for the
city to accept the off site improvements in Tract 687, Exposition Park, Unit
No. 1, was referred to the city staff for inspection and report in accordance
with city policy on motion of Councilman Dunin, seconded by Councilman Bond.
Motion carried.
C -14 On motion.of Councilman Dunin, seconded by Councilman Bond, Project
Schedules for the period ending June 1, 1979 were ordered received and filed.
Motion carried.
C -10 Request from Robert Strong, on behalf of Gann Investments, for the
city to accept the improvements in Tract No. 727, Peachwood Condominiums, was
continued for two weeks in accordance with Council policy on motion of
Councilman Dunin, seconded by Councilman Bond. Motion carried.
C -11 Petitions from 45 bus riders requesting Council action to have the
city bus -route changed to the former location of Marsh and Broad Street was
referred to City's Mass Transit Committee for investigation and report to the
City Council on motion of Councilman Dunin, seconded by Councilman Bond.
C -12 Request from Vic Montgomery.of Priest, Richmond, Rossi & Montgomery,
requesting a Council policy interpretation.regarding.density -issues.on a
split zone parcel of land in.the Rockview area was referred to the Planning
'
Commission on motion of Councilman Dunin, seconded by Councilman Bond.
C -13 On motion of Councilman Dunin, seconded by Councilman Bond, the
Traffic Engineer's report on traffic requests beteen September 26, 1978 and
May 31, 1979 was ordered.received and filed. Motion carried.
C -14 On motion.of Councilman Dunin, seconded by Councilman Bond, Project
Schedules for the period ending June 1, 1979 were ordered received and filed.
Motion carried.
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 8
B -1 The City Clerk reported on the following bids received-for "T.V.
INSPECTION OF CITY SEWER LINES ", City Plan No. C -31:
Video Inspection Specialists $14,179.75
3211 North Van Ness Blvd.
Fresno, CA 93704
International Const. & Engineering 20,523.49 '
11045 Slater Avenue
Fountain Valley, CA 92708
ABC Service 25,970.75
205 22nd Street
Sacramento, CA 95816
Video Pipeline & Inspection 26,752.10
5564 Dent Avenue
San Jose, CA 95118
Reeds Trenching, Inc. 28,878.99
4107 Beckwith Road
Modesto, CA 95351
Rodding Cleaning Machines, Inc. 29,548.26
761 North Cahuenga Blvd.
Los Angeles, CA 90038
Bob Mote, Utilities Engineer, stated he had reviewed the bids received and
had done a background of the low bidder and recommended that the City
Council award the contract to Video Inspection Specialists for their
bid of $14,179.75 and further, request that the City Council authorize
the encumbering of $3,000 of CIP No. 819 funds for purchase of viewing
equipment.
On motion.of Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3881 (1979 Series),
a resolution of the Council of the City of San Luis Obispo awarding the
contract to Video Inspection Specialists.
Passed and adopted on.the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT_: None
The matter of the purchasing fo the viewing equipment was referred to the
Administrative Officer.
B -2 The City Clerk reported on the bids received for "SINSHEIMER PARKING
LOT - PHASE I ", City Plan No. C -22, estimate $22,000.000 not including
contingencies.
On motion of Councilman Jorgensen,. seconded.by Councilman Dunin, consideration
of award of these bids was continued for two weeks for staff report. Motion
carried.
B -3 The City Clerk reported on the following bids received for "MUNICIPAL
PARKING LOTS IMPROVEMENTS ", City Plan No. C -30, bid estimate $4,647.30 not
including contingencies.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the matter
was - .continued for two weeks for report.. Motion carried.
B -4 The City Clerk reported on the following bids received for "CREEK
OBSTRUCTION REMOVAL, WATER PIPELINES ", City Plan No. B -51, bid estimate
$19,612 not including contingencies:
r---1
City Council Minutes
June 19, 1979 - 4:00 p.m.
Page 9
Proposal. A. Proposal B
Smee:s Inc. $24,869.00 $25,660.00
2959 Broad.Street
San Luis.Obispo, CA. 93401
Charles A..Prat.t.Const. 269994.00 269994.00
P.O. Box 1295
San Luis-Obispo', CA 93401
Burke.Oilfield Const. 30,000.00 31,500.00
P.O. Box 762
San Miguel, CA 93451
Fred .Julien & Assoc. 34,495.00 379559.91
910 Orcutt Road
San Luis Obispo, CA 93401
Wayne. Peterson, City Engineer ,.recommended_.that_.the City_. Council.. accept
proposal B of Smee's Inc., San Luis.-Obispo; for $25,660..00.
On.motion_of.�Councilman.Bond, seconded. -.by. Councilman Dunin, the_.following
resolution was introduced:'_Resolution`No.. 3882 (1979 Series),_a resolution
of the . Council ::. of .. the ...City - of. San Luis_Obipo granting: a.. contract `to.Smees,
...Inc., in the..amount of $25,,660.00.
Passed and adopted on the following roll call vote:
AYES: .:Councilmembers Billig,..Bond,.Dunin. JOrgensen:.and.-:Mayor..Cooper
..NOES: None
ABSENT: None
There. being.na further' business. -to:. come.. before... the. .meeting. _the.Mayor
adjourned.the..meeting to Tuesday,.June 19,, 1979 at 7:30.p.m.
Approved by.City..Council...on.:7 /17/79'._ .
J itzpatrick,.::City Clerk
M I N U T E S
ADJOURNED MEETING OF.THE.CITY COUNCIL
CITY.OF SAN.LUIS OBISPO
TUESDAY, JUNE.19,.1979 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
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; George.Thacher, City
Attorney; J.H. Fitzpatrick-, City Clerk', Henry Engen, Director
..of Community-Development; Wayne Peterson, City Engineer.; R.C.
Muravez, Finance Director; Richard Minor,-Fire Chief; Roger
Neuman, Police Chief
City Council Minutes
June 19, 1979 - 7:30 p.m.
Page 2
8. Public hearing to consider.an amendment to the Land Use Element of the
City's General Plan. This amendment would change the land use designation of
about six acres on South Higuera Street from service - commercial light industrial
to public /semipublic and add to the text of the plan, policies on government
offices and facilities.
Henry Engen, Community Development Director, stated that actually items 8 and
9 were continued items from the June 5, 1979 Council meeting but that item 8 '
involved only General Plan Amendment D where #9 involved A, B, C, E, F, & G.
He stated that the Council, at the June 5, 1979 meeting, had taken action to
uphold the appeal of Walter Brothers Construction Co., which would reject a
decision of the Planning Commission to require a focused EIR on the General
Plan Amendment and secondly, to direct the staff to issue a negative declar-
ation covering the proposed General Plan Amendment.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 3883 (1979 Series), a
resolution of the City Council of the City of San Luis Obispo upholding an
appeal of a Planning Commission decision to require a focused environmental
impact report on proposed General Plan amendment for property on South
Higuera Street near Prado Road (Walter Bros. Construction).
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
On motion of Councilman Jorgensen, seconded by Councilman Bond, the City
staff was directed to begin the process to prepare rezoning of this property
to PFS. Motion carried, all ayes. ,
9. Henry Engen, Community Development Director, again briefed the actions
taken by the City Council at the June 5, 1979 Council meeting dealing with
items A, C, E, F and G.
A. Land at the southwest corner of Los Osos Valley Road and Prefumo Canyon
Road, City of San Luis Obispo, applicant.
-On motion of Councilman Bond, seconded by Councilman Dunin, that the property
be zoned to medium -high density residential. Motion carried, Councilmembers
Billig and Jorgensen voting no.
Staff directed to initiate R -3 zoning on this parcel.
C. South side of Southwood Drive and west of Laurel Lane, The New World
Investments, applicant.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that
the property be zoned from service - commercial, light - industrial to R -2 -S and M -S.
Motion carried, all ayes.
E. Text Change in the Land Use Element concerning retail commercial
policies. '
The above approved on motion of Councilman Jorgensen, seconded by Councilwoman
Billig. Motion carried, all ayes.
F. Property located on South Broad Street between South and Alfonso,
2238 -2252 Broad Street, John Rosetti, applicant.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the
service - commercial, light industrial zoning be changed to neighborhood
commercial. Motion carried, all ayes.
City Council Minutes
June 19, 1979 - 7:30 p.m.
Page 3
G. Land designation-on both sides.of_Higuera Street-between Johnson
and Pepper Streets.
On motion of-Councilman Dunin, seconded by Councilman Bond, that only the
west side of Higuera Street between Johnson and Pepper Street, be zoned to
medium -high density residential. Motion carried, Councilmembers Billig and
Jorgensen voting no. Staff directed to initiate zoning action.
' On motion of Councilman Jorgensen.-seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 3884 (1979 Series), a. resolution of
the Council of the City of San Luis Obispo amending the land use element of
the General Plan No. 0743 -A, B, C, E, F & G.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
Councilman.Jorgensen asked on behalf of himself and Councilwoman Billig,
that the split votes on Items 9 -A and 9 -G be noted on the final resolution.
10. The City Council held a.public hearing on the provisions of Section
6100.13 of the-Business License Ordinance, on the amounts assessed against
businesses which failed to file statements for license renewal.
Rudy Muravez, Finance Director, submitted a list of eight businesses that
had not complied with the provisions of the city ordinance.
Robert E.. Freudenberg, Attorney representing Gerald Weaver, appeared before
the City Council stating he opposed the levying of a business license against
his client as it was unfair to license private practicing attornies when
people like the City Attorney and District Attorney did not have to pay a
license. He felt it was unfair under the equal statute rights of the State
and Federal laws for discrimination. He urged the City Council to cancel any
charges until everyone was treated fairly.
Gerald Weaver, Attorney.appeared before the City Council on his behalf, stating
that if the City Council-were to ever get the downtown parking taken care of,
he would be willing to $200 a year for a business license but he felt he was
being put on when he couldn't even get downtown to do his business.
Ed Chaffey objected to paying his business license, as he claimed that he had
no income due to illness. There had been no business since February, 1979,
he had no money and he was out of business anyway.
George Thacher, City Attorney, submitted to the Council a Memorandum of Opinion
No. 79 -29, reviewing the provisions of the City ordinance levying a business
license tax on professionals and particular attornies. Also, he reviewed
several sections of State laws in which he felt the public attorneys were
exempted from the business license ordinance but that private practicing
professionals were required to pay a fee.
Councilman Dunin felt that all persons in business, professional or otherwise,
should pay a business license in accordance with the ordinance.
' Councilwoman Billig stated she agreed and that all businesses within the City
should pay a business license.
Councilman Jorgensen agreed that all private and professional businesses
should be paying a license.
Councilman Bond stated that he had no comment.
On motion of Councilman Dunin, seconded by Councilwoman Billig, that the
business license fee assessed including penalties assessed Gerald C. Weaver
in the amount of $129.22 should be paid. Motion carried, all ayes.
...-City Council_ Minutes
June. 19;'1979 - 7:30 p.m.
Page 4
On. motion ..of:_Councilman- .Dunin,Y_ seconded .. -by:.Councilwoman_Billig, the .matter
of the business..license. for Mr..Ed..E. Chaffey was continued to-the-.next
Council meeting of July 3, 1979 -for further input from staff. Motion carried.
On motion:. of Councilman_ Dunin ,..second_ed'.:.by.Councilwoman Billig,: the. following
resolution. was. introduced :"..Resolution.No.`.3885 (1979'Series), a- resolution
of the:Council of.the City,of..San Luis "Obispo confirming the assessment of
delinquent business license taxes...
Passed and_ adopted. on._the:.following:.roll..call- vote: '
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and-Mayor Cooper
NOES: None
ABSENT: None
Mayor. Cooper:left..the meeting due to.a possible conflict of interest.
11. The.City.Council..held a public. hearing to.consider..an.appeal of.a .
condition..of..Resolution.No. 3537.(1979...Series),..for Minor.Subdivision No.
77= 357'-located at 975 Foothill Blvd.., The.:condition being.appealed is.No. 9,
"The final map shall.- contain..a_ note' .that- drainage.improvemetns and structures
including off site improvements located on Parcel C may be required at the
time-parcels are developed'by the City Engineer."
George..Thacher, City .Attorney,..stated..that..he. had not had_an'.opportunity to
review-all-the various conditions -and problems involved in.this appeal and
-...he asked_ the City .Council,..with . the: :approval- of..the:.appellant, if they could
continue this for...two:weeks_in order..that he could.prepare.a proper answer
to.-the.. appeal.. In.order to.protect the.-property owner and the developer, he
had prepared- a-resolution_for:-•. the :Council.consideration__which would extend
the:time.for.filing..the final map of :this'miinor.subdivision`_.for three months
from this date.
Rob. Rossi., on:_ behalf .:of -the:.property.:own:ers,_ stated - -he. could see no objection
as long..as:. they, were . -not jeopardized'. of..the -final approval of -map for the
minor subdivision.
Vice - Mayor` Dunin .closed.the..public._hearing.
On.motion_of:_Councilman.. Jorgensen,. seconded :by- .Councilwomann Billig, the
following _resolution.was. introduced: . Resolution No. 3886 (1979 Series.)., a
..resolution of.-the Council of the. City' of San Luis Obispo granting additional
time-to : file- a.final_map for Minor_. Subdivision No'. 77- 357,.975 Foothill Blvd.
Passed and adopted on the following: -roll call vote:
AYES::....Councilmembers Billig, - .Bond, Dunin.and..Jorgensen
M) @) **I§WkGFTT-z
On motion of Councilman .Jorgensen,_:seconded.by Councilman Bond, the appeal
was continued for two weeks. Motion.carried, all ayes, Mayor-Cooper-absent.
Mayor.Cooper returned and took his.:place.at the table.
12. The City Council considered the final - passage of 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 concerning
procedures for disciplinary.actions.and grievances, establishing a Personnel
Board, and rescinding Resolution.No. 3455.
Mayor Cooper declared.the public hearing open. No one appeared before the
Council for or against the proposed ordinance. Mayor Cooper declared the
public hearing closed.
City Council Minutes
June 19, 1979 - 7:30 p.m.
Page 5
On motion of Councilman Jorgensen, seconded by Councilman Bond, Ordinance No.
808 was given final passage on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
' 13. The City Council considered.the final passage of 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 in the City
and granting terms and conditions for the operation of such consolidated alarm
forwarding systems and fees thereof.
Mayor Cooper declared the public hearing open.
Ralph Engel, appeared before the City Council, questioning various sections
of the proposed ordinance dealing with franchise payment, bond requirements
and insurance coverage. He felt that this was an unnecessary of involvement
of government in private business and he personally objected to the ordinance.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
Ordinance No. 809 was introduced for final passaged.
Finally passed on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
' ABSENT: None
14. At this time the City Council considered the final passage of
Ordinance No. 810 (1979 Series), an ordinance of the City of San Luis Obispo
addding Sections 3209.17 through 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 those areas.
Mayor Cooper declared the public hearing open.
Larry Robinson, Student Body President at Cal Poly, appeared before the City
Council objecting to the proposed ordinance inacting preferential residential
parking program as he felt it was unfair and discriminatory to one segment of
the City's population, namely the students and professors at Cal Poly. He
felt the program was unworkable, was too expensive and extremely foolish. He
felt the Council should meet with the Cal Poly President and try and come up
with an intelligent program to handle the parking surrounding Cal Poly. He
felt the proposed program was extreme.
Mayor Cooper closed the public hearing.
On motion of Councilman Dunin, seconded by Councilwoman Billig, Ordinance No.
810 was introduced for final passage.
Finally passed on-the following roll call vote:
AYES: Councilmembers Billig, Dunin, Jorgensen and Mayor Cooper
NOES: Councilman Bond
ABSENT: None
15. The City Council considered the final passage of 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.
City Council Minutes
June 19, 1979 - 7:30 p.m.
Page 6
Mayor Cooper declared the public hearing open. No.dne appeared before the
City Council for or against the adoption of the ordinance. Mayor Cooper
declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Bond, Ordinance No.
811 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
8:55 p.m. Mayor Cooper declared a recess. 9:10 p.m. The City Council
reconvened with all Councilmembers present and adjourned to Executive Session
with city staff members: Lee Walton, J.H. Fitzpatrick, George Thacher, Rudy
Muravez, Gordon Johnson and Gary Foss.
10:20 p.m. The City Council reconvened in Regular Session with all Councilmembers
present
There being no further business to come before the meeting, Mayor Cooper
adjourned the meeting at 10:20 p.m. to 12:10 p.m., Tuesday, June 26, 1979.
Approved by Council on: �
J,44r Fitz trick, City Clerk
August 7, 1979
1
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 26, 1979 - 12:10 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Roll Call
COUNCILMEMBERS
Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and
Mayor Lynn Cooper
Absent: None
CITY STAFF
Present: Lee Walton, Administrative Office; J.H. Fitzpatrick, City
Clerk; Rudy Muravez, Finance Director
1. The City Council reviewed the schedule proposed by City Administrative
Officer Lee Walton for study and review of the 1979 -1980 budget. By common
consent, the Council stated they would meet at 12:10 p.m. on Thursday,
June 28, 1979 and Friday, June 29, 1979. No meeting to be held on Saturday,
and then adjourn from meeting to meeting until review has been completed.
Tuesday, July 10, 1979 was set as the tentative date for adoption of the budget.
2. Lee Walton, Administrative Officer, then began his overview on the
proposed 1979 -1980 city budget. He stated that the total budget for 1979 -1980
including the Whale Rock Project was $13,259,159. He continued that the most
difficult part of the budget preparation was the need to reduce departmental
requests due to lower revenue projections. He stated that this year's revenue
projections were not a repeat of past years assumptions. He continued that