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HomeMy WebLinkAbout08/21/1979City Council Minutes August 21, 1979 - 4:00 p.m. Page 2 City Staff PRESENT: Leland Walton, Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Mikel Park, Fire Marshal; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services. 1. Councilman Dunin presented the recommendations from the Council Subcommittee (Dunin /Cooper) for appointments to the Citizens' Advisory Committee. He stated that the subcommittee recommended the following for reappointment: Constance Hendricks H. Clyde Hostetter Philip K. Ruggles James Tseng with terms to expire on June 30, 1983. They also recommended the following for new appointment: Delphine Silva Diane Jefferson Robert Wolf Gary Deno with terms to expire on June 30, 1983 except for Gary Deno whose term would expire on June 30, 1981. On motion of Councilwoman Billig, seconded by Mayor Cooper, that the nomin- ations be approved. 2. Councilman Bond, on behalf of the Council Subcommittee (Bond /Cooper), presented the recommendations for the Park and Recreation Commission appoint- ments. On motion of Councilman Dunin, seconded by Councilwoman Billig, that the matter be continued for future council reconsideration for appointment of a senior citizen to the Park and Recreation Commission. Motion lost on the following roll call vote: AYES: Councilmembers Dunin and Billig NOES: Councilman Bond and Mayor Cooper ABSENT: Councilman Jorgensen On motion of Councilman Bond that the City Council accept the recommendations of the subcommittee and make appointments to the Park and Recreation Commission. Motion died for lack of a second. There being no motions being forthcoming, Mayor Cooper referred the matter back to the Council Subcommittee for reconsideration. 3. At this time the City Council held a public hearing on the recommen- dations of the Planning Commission to consider a Level I, Ordinance No. 604 -A water fire flow deficiencies for the following projects: 1. A two unit apartment, 1147 Iris Street and 1148 George Street, R -2 zone, A & H Investments, applicant. Henry Engen, Community Development Director, presented the recommendation of the Planning Commission which was: 1. Allow the applicant to construct a duplex subject to signing a waiver of protest of a possible assessment district in future to improve the water system. fl 1 r-7 L City Council Minutes August 21, 1979 - 4:00 p.m. Page 3 2. The city should pursue an assessment district, or replace a program utilizing Capital Improvement Program funds to correct the fire deficiencies where substandard water mains existed at that time. On motion of Councilwoman Billig, seconded by Councilman Dunin, the recom- mendations of the Planning Commission was approved. I Motion carried on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 2. Three unit apartment, 450 Islay Street, R -2 zone, Lee Hansen, applicant. 3. Two unit apartment and three car garage, 457 Islay Street, R -2 zone, Duncan Osborne, applicant. Henry Engen presented the recommendations of the Planning Commission which was to require the developers to install a new fire hydrant at Carmel and Islay Streets with a 50 percent participation by both developers. He continued that the nearest fire hydrant was 300 feet from the subject property at Beach and Islay and only provides 400 gallons per minute at 20 pounds per square inch. He stated that another hydrant was approximately 360 feet from the site (High and Carmel) which provided 2750 gpm at 20 psi pressure. Installation of a new hydrant at the intersection of Carmel and Islay, would provide additional flow in combination with 400 gpm at Beach and Islay, and provide service to the rear of the proposed structures, which are over 450 feet from the hydrant and 400 feet is considered maximum by the City Fire Department. Mayor Cooper declared the public hearing open. Lee Hansen, 450 Islay Street, stated that he was opposed to being required to pay for the installation of a hydrant that was not just to protect his property but was for an entire neighborhood area. He felt that he and Osborne were only developing the last two lots in the area and that they are being stuck with the improvements. He felt this was unfair and that all the areas should help to pay for fire improvements in a neighborhood. Duncan Osborne, 457 Islay Street, agreed with Lee Hansen's comments stating that he also objected to being required to install fire hydrants to build one house. He felt that the neighborhood should be required to pay for a hydrant if it was necessary. He also stated that had he known of all the costs that were going to be added to his development, he didn't think he would have proceeded. He stated that no time in processing his application through the city, did anyone tell him all the improvements that would be required. He stated that each time he brought a permit in, something else was added, and that when he finally got through with all the various depart- ments, controlls, and permits, then they threw the fire hydrant requirement at him and he felt it was unfair. He didn't think he or Mr. Hansen should pay half but that the city should pay for fire protection. Mayor Cooper closed the public hearing. Councilman Dunin stated that he questioned the requirement to have individuals upgrade fire protection service for an entire neighborhood, although the property owner does have some responsibility when he increased exposure in the area. Councilwoman Billig stated that she supported the Planning Commission recom- mendation. She said that while it seems unfair, it's required to protect his own property as well as those in the rest of the neighborhood. Concilman Bond stated he disagreed with the Planning Commission and staff recommendation and felt that one property owner should not be required to place fire protection for an entire neighborhood. City Council Minutes August 21, 1979 - 4:00 p.m. Page 4 Councilwoman Billig moved that the City Council accept the recommendation of the Planning Commission and require the installation of the necessary fire protection equipment. Motion died for lack of a second. Councilman Dunin moved that the City Council accept the recommendation of the Planning Commission, order the installation of the needed fire protec- tion equipment and that the hydrant be installed by the city with the property owners to share the cost up to 40 percent of the installation. Motion died for lack of a second. On motion of Councilman Bond, seconded by Councilman Dunin, that the City Council accept the recommendation of the Planning Commission, require the installation of a new fire hydrant at the intersection of Carmel and Islay Streets, with the city to provide the hydrant, and the property owners to pay for installation. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen Councilman Bond asked the staff to make a study of the provisions of Ordinance No. 604 -A to see what could be done to update and clarify the ordinance, particularly as it relates to older neighborhoods and fire protection services. 4. At this time the City Council considered a request from Cal Trans to reconfirm commitment by the city of a $33,000 expenditure for the interconnection of traffic signals on Santa Rosa Street, Murray to Walnut Streets. Wayne Peterson, City Engineer, explained the program which was one approved by the council in the 1978/1979 budget but did not get beyond the planning stage. He stated that the city would be paying 5 /12ths of the cost with the State of California Cal Trans paying the balance. He said that while there was no C.I.P. item on this project, that the money could be taken out of the street deficiency funds for the current 79/80 year. On motion of Councilwoman Billig, seconded by Councilman Dunin, the City Council reconfirmed their position to interconnect the traffic signals on Santa Rosa Street, Murray to Walnut Streets, at a maximum price of $33,000 with the funds to come from the street deficiency program. Motion carried on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 5. On motion of Councilwoman Billig, seconded.by Councilman Bond, the following resolution was introduced: Resolution No. 3933 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting the Public Services Director the authority to determine city contribution for construction of Mission Plaza sidewalk. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen City Council Minutes August 21, 1979 - 4:00 p.m. Page 5 6. Henry Engen presented, for the council's consideration, a proposal dealing with noise blocking walls. He stated that in 1978 the City Council asked the Design Review Board to prepare standards for walls to protect outdoor residential areas from excessive traffic noise. The request was prompted by problems with a particular wall built for a subdivision on Los Osos Valley Road. Staff and the DRB were proposing guidelines for such walls. He recommended that the City Council authorize the distribution of a booklet prepared by his department entitled "Turning Down the Volume" which would summarize the existing rules and regulations and established some new policies on traffic noise reduction measures. The City Council then reviewed, with Henry Engen, the booklet dealing with noise blocking construction. The council asked for clarification of certain definitions to avoid any possible future confusion. On motion of Councilman Bond, seconded by Councilwoman Billig, the City Council accept the recommendation of the Design Review Board and staff and authorize the distribution of the boor-let entitled, "Turning Down the Volume" as amended that evening. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin., and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 7. At this time the City Council considered the recommendation of the Planning Commission to approve a tentative map for Minor Subdivision No. 78 -250, to create two lots from one lot at 1485 and 1801 Prefumo Canyon Road. R -2 -MH zone and pending R -3 zone, C. Gathe and G. Hedley, subdividers. Ken Bruce, Senior Planner, reviewed the recommendation of the Planning Commission and the findings and conditions placed upon the subdivision. He stated that one correction should be made on the conditions in that Condition No. 5 should read as follows, "Subdivider shall install street trees on Parcel B across the entire street frontage of Pref m o Canyon Road and Los Osos Valley Road to the approval of the Public Services Department at the time of development." On motion of Councilwoman Billig, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3934 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative parcel map for Minor Subdivision No. 78 -250 located at 1485 and 1801 Prefumo Canyon Road. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 8. At this time the City Council considered the recommendation for approving the final map for Minor Subdivision No. SLO 18 -258 located at 1350 Madonna Road, 1353 Royal and 1405 -1469 Galleon Way; Merriam, Deasy & Whisenant, representing the applicant. Wayne Peterson presented the recommendation for the approval of the final map stating that the Community Development Department had reviewed the map and the developer had submitted a bond in the amount of $8200, including contingencies and inflation to guarantee installation of the cul -de -sac improvements at the westerly end of the Madonna Road frontage road. All other conditions had been met and he recommended the final map be approved and the Mayor be authorized to sign the agreement. City Council Minutes August 21, 1979 - 4:00 p.m. Page 6 On motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3935 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Minor Subdivision SLO -78 -258 located at 1350 Madonna Road, 1353 Royal Way, and 1405 -1469 Galleon Way as amended. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 9. At this time the City Council considered the recommendation to approve the final map for Tract 651 located at 1353 Royal Way, Stan Bell, applicant. Wayne Peterson, City Engineer, reviewed the final map and subdivision agree- ment for the council's consideration stating that a bond in the amount of $79,700 guaranteeing the installation of the improvements, had been filed and that the-subdivider had paid the park -in -lieu fees and water acreage fees. He asked that the final map be approved and the Mayor be authorized to sign the agreement. On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3936 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Tract 651 located at 1353 Royal Way. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, and Mayor Cooper I NOES: None ABSent: Councilman Jorgensen 10. At this time the City Council considered the recommendation of the Planning Commission to approve a tentative map for Minor Subdivision No. 79 -147 for a four -unit office condominium conversion, 100 Casa Street, PO zone, Jonathan Lindenthaler, subdivider. Ken Bruce, Senior Planner, presented the recommendation of the Planning Commission which was that the owners of the Medical Center of San Luis Obispo wish to subdivide their medical office complex into condominiums. He stated that the Planning Commission, on a 5 -0 vote, recommended that the City Council adopt the resolution granting approval of the tentative parcel map for Minor Subdivision 79 -147, subject to findings and conditions established by the Planning Commission. On motion of Councilwoman Billig, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3937 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative Minor Subdivision No. 79 -147 located at 100 Casa Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, and Mayor Cooper ' NOES: None ABSENT: Councilman Jorgensen 11. At this time the City Council considered a recommendation of the Planning Commission on a tentative map for Minor Subdivision No. 79 -082 to create two lots from one lot, 2890 South Higuera Street, PF zone, Fred Schott, representing the property owner. City Council Minutes August 21, 1979 - 4:00 p.m. Page 7 Ken Bruce, Senior Planner, stated that the owner of the property wishes to lease an unused portion of the cemetary property to allow development of a mortuary. State regulations require a parcel map for a long -term lease. The Planning Commission recommended that the City Council adopt a draft resolution granting approval of the tentative parcel map no. 79 -082, subject to findings and conditions listed in the resolution. He continued that at the Planning Commission meeting, the staff recommended that frontage improvements consisting of curb and gutter be installed along the entire South Higuera Street frontage of parcel 1. That was a Subdivision Ordinance requirement. The commission took action to waive that requirement. He stated that the city staff recommended that if the council approved Minor Subdivision No. 79 -082, the curb and gutter improvements are necessary along the entire frontage of South Higuera Street and should be required of this subdivision. He stated that the Subdivision Ordinance require frontage improvements for all subdivisions. The ordinance did allow for the improve- ments to be deferred to a future date. The action of the Planning Commission was to waive all frontage improvements on parcel 1 (condition 3). The staff contended that that was not possible without amending the Subdivision Ordin- ance first. He continued that the city staff, consisting of the Community Development Director, Public Services Director, and City Engineer, all agreed and recom- mended that curbs and gutters should be required across the entire South Higuera Street.frontage of parcel 1 as a condition of this subdivision. Sidewalks could be deferred to a later date. As an alternative, all frontage improvements (curb, gutter, and sidewalk) could be deferred to a future date. Staff did not recommend that alternative. The staff felt the frontage improvements were needed then to define the street section at that point, which was one of the "missing links" on that major street. Also, being a cemetery, it was highly unlikely that property would be further subdivided or further developed in the future, where frontage improvements could be ' required. The staff recommended that the council approve the tentative parcel map and amend condition 3 to require the installation of curb and gutter along parcel 1. Mayor Cooper declared the public hearing open. Jerry Gussman, representing the engineer, stated that they objected to the recommendations of the city staff and asked that this matter be continued so that the owner and architect could appear and discuss it with the City Council. He also stated that if the council accepted the staff recommenda- tion of curb and gutter along parcel 1, it would make the mortuary construc- tion unfeasible and they would not proceed. George Thacher, City Attorney, agreed with continuing so the city could come up with wording for agreement with the property owner for future development. Councilman Dunin felt that the improvements should be required as it was necessary along this stretch of Higuera Street, and they should follow their own ordinances. Councilwoman Billig agreed with the installation of curb and gutter and that the improvements should be put in now. She would support the staff recom= mendation and not the Planning Commission's. Mayor Cooper felt the curb and gutter should be put in. He stated that maybe the city could cooperate with cost. He felt the improvements were needed in order to complete this portion of Higuera Street. On motion of Councilman Bond, seconded by Councilwoman Billig, the matter was continued to a later date. Motion carried on the following roll call vote: City Council Minutes August 21, 1979 - 4:00 p.m. Page 8 AYES: Councilmembers Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 12. On motion of Councilman Bond, seconded by Councilwoman Billig , the plans and specifications for FOOTHILL BOULEVARD RESURFACING AND IMPROVEMENTS, City Plan No. D -02, bid estimate $63,800, were approved and the staff was authorized to call for bids. Motion carried. 13. On motion of Councilman Bond, seconded by Councilwoman Billig, the City Council approved the plans and specifications for JOHNSON AVENUE STORM DRAIN, City Plan No. C -05B, bid estimate $107,500, and the staff was authorized to call for bids for construction in the spring of 1980. Motion carried. CONSENT ITEMS C -1. On motion of Councilman Dunin, seconded by Councilman Bond, claims against the city for the month of August, 1979, were approved subject to the approval of the Administrative Officer. Motion carried. C -2. On motion of Councilman Dunin, seconded by Councilman Bond, minutes of the following council meetings were approved as corrected: July 3, 1979 - 4:00 p.m. July 9, 1979 - 4:00 p.m. July 3, 1979 - 7:30 p.m. July 10, 1979 - 4:10 p.m. July 5, 1979 - 11:00 p.m. July 17, 1979 - 7:30 p.m. July 6, 1979 - 12:20 p.m. Motion carried. C -3. On motion of Councilman Dunin, seconded by Councilman Bond, that , the request from Norma Dengler, San Luis Obispo COG, requesting appointments for city representation to the Citizens' Transportation Advisory Committee was referred to the city advisory commission for recommendation to the City Council. Motion carried. C -4. At this time the City Council considered the acceptance of the final improvements to Tract 687, Exposition Park Unit I. D.F. Romero, Public Services Director, stated that all the conditions of the subdivision agreement had been met except that the reclamite seal coat of Meadow Street was being deferred for mutual convenience until Tract 736 was also completed which was anticipated by early September. Councilman Dunin stated that he objected to people being allowed to move into tract homes before the tracts had been completed and accepted by the city. He gave instances where many items had not been completed yet the people had moved in. He felt this was poor city policy and he hoped the staff would take notice and not allow people to move into new subdivisions until all public improvements have been completed. On motion of Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3938 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the off -site improve- ments in Tract 687, Exposition Park Unit I. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen City Council Minutes August 21, 1979 - 4:00 p.m. Page 9 C -5. On motion of Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3939 (1979 Series), a resolution of the Council of the City of San Luis Obispo finding that a 20 -foot alley in the block bounded by Santa Rosa, Toro, Marsh, and Higuera Streets is no longer needed for street purposes and abandoning same with reservations for utilities easements. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen C -6. The City Council considered a request from the Art Association to help in solving a water infiltration problem in the Art Center building in the Mission Plaza. D.F. Romero, Public Services Director, stated that the primary cause of leakage through the Art Center wall was the irrigation system serving the landscaping immediately adjacent to the northeast face of the building. He felt that the basement wall was not water - proofed during the initial construction. The solution would involve trenching along the wall, water- proofing the wall, and installing a perforated drainage pipe, and backfilling with porous material -- all designed to leach off surplus drainage waters which were creating a hydrostatic pressure on the wall. He felt the total cost of the project would be approximately $1,600. It was his recommendation that the city offer to participate in the improvements, since the city does own the property. He suggested that the city offer to pay on a 50/50 basis with the Art Association. ' On motion of Councilman Dunin, seconded by Councilman Bond, the recommenda- tion of Public Services Director was accepted and he was authorized to nego- tiate with the Art Association officers for the 50/50 sharing plan. Motion carried. C -7. On motion of Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3940 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving amendment to agreement between the City of San Luis Obispo and H. Dieter Heinz. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen C -8. On motion of Councilman Dunin, seconded by Councilman Bond , the following resolution was introduced: Resolution No. 3941 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the Family Services Center. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen C -9. On motion of Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3942 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Grandmother's House of San Luis Obispo. City Council Minutes August 21, 1979 - 4:00 p.m. Page 10 Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen BID ITEMS I B -1. The City Clerk reported on the following bids received for the JOHNSON AVENUE STORM DRAIN, City Plan No. C -05A, bids were opened on Friday, August 10, 1979. Engineer's Estimate $40,045.00 1. Charles A. Pratt Const. Co. $36,118.00 P.O. Box 1295 San Luis Obispo, CA 93406 2. Fred Julien & Assoc. $37,976.65 4725 Santa Fe Road San Luis Obispo, CA 93401 3. Walter Bros. Const. Co. Inc. $42,044.20 P.O. Box 809' San Luis Obispo, CA 93406 4. Melcher Const. Co. $46,650.00 1415 Smith Court San Luis Obispo, CA 93401 5. C.B. Construction Inc. $46,650.00 ' 163 Ramona Drive San Luis Obispo, CA 93401 6. Conco $64,857.00 Post Office Box 511 San Luis Obispo, CA 93406 On motion of Councilman Bond, seconded.by Councilwoman Billig, the following resolution was introduced: Resolution No. 3943 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the bid of Charles Pratt Construction Co. and awarding the contract to him. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen At 5:30 p.m., the council adjourned to Executive Session with all council - members present except Councilman Jorgensen to discuss land acquisition. At 5:40 p.m., the council reconvened in Regular Session with all council - members present except Councilman Jorgensen. I There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 5:40 p.m. to 7:30 p.m., Tuesday, August 21, 1979. Approved by Council on: 10/2/79 1A J itzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 21, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, and Mayor Lynn Cooper ABSENT: Jeff Jorgensen City Staff PRESENT: Lee Walton, City Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Terry Sanville, Senior Planner; Rudy Muravez, Finance Director; Mikel Park, Fire Marshal; Roger Neuman, Police Chief. 14. At this time the City Council held a public hearing to consider unpaid current weed abatement assessments. Mayor Cooper declared the public hearing open. Th city clerk reported that only one letter of protest had been received to the weed abatement assessements which was from the Kimball Land Company, parcel no. 53- 151 -24, objecting the assessment of $10.80 on the parcel of land over which the city has an easement. The land has been completely fenced off with no access to the property by the property owner. Mr. Kimball felt that as he had to give up this land to the city which consists of over 6500 square feet of land, he thought the city was adding insult to injury by assessing him to take the weeds off their property. Mayor Cooper declared the public hearing closed. On motion of Councilman Bond, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3944 (1979 Series), a resolution of the Council of the City of San Luis Obispo confirming liens upon real property parcels for weed abatement costs and ordering that they be placed as liens upon the property. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 14 -B. At this time the City Council - considered confirming the existence of delinquent weed abatement billings for the fiscal year 1978. Mayor Cooper declared the public hearing open. No one appeared before the council for or against the weed abatement assessments. Mayor Cooper declared the public hearing closed. On motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3945 (1979 Series), a resolution of the Council of the City of San Luis Obispo confirming liens upon real property parcels for weed abatement costs. Passed and adopted on the following roll call vote: City Council Minutes August 21, 1979 - 7:30 p.m. Page 2 AYES: Councilmembers Billig, Bond, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 15. At this time the City Council held a public hearing to consider the annexation of 1.7 acres on the west side.of South Higuera Street, south of I the Los Osos Valley Road for the purpose.of 15 low -rent apartment houses to be developed by the public Housing Authority. Terry Sanville, Senior Planner, reviewed the application being made for annexation by the City Council on behalf of the Housing Authority of the city. He stated that the attached documentation asks the County Local Agency Formation Commission to consider the annexation to allow the city Housing Authority to build a 15 unit low -rent townhouse apartment complex. He stated that the city Environmental Review Committee has studied the project and granted it a negative declaration. He continued that the filing of the resolution of application would be the first step taken by the city to process the South Higuera Public Housing Annexation. The resolution does not mean that the city has approved the proposed annexation. In the next two or three months the Planning Commission and City Council would consider the following actions: 1. General Plan Amendment: The Housing Authority had asked that the General Plan be changed from "interim agriculture" to "medium density residential." Hearings to consider this request would be held in September and October. 2. Prezoning - Planned Development App had asked that the city prezone the residential - planned development). be reviewed by the City Council and General Plan amendment is approved. when the annexation was approved by lication: The Housing Authority property R -2 -PD (medium density The prezoning application would Planning Commission after the I City zoning would go into effect the city. 3. Annexation: If LAFCo authorizes the annexation of the territory, the city would then hold hearings to consider the annexation. He added that the City Attorney had ruled that because this is a public project, no public election is needed to fulfill the requirements of the city, charter. Mr. Sanville continued that these three steps were needed to comply with the city annexation policy and with LAFCo requirements. Further, the Housing Authority's project would have to be reviewed by the city Architectural Review Commission and by the County Airport Land Use Commission before the annex- ation is approved. He stated that the City Council should now 1) review and consider the negative declaration and determine that no further envir- onmental studies are required at this time, and 2) approve the resolution and authorize the application by the city to the Local Agency Formation Commission. Mayor Cooper declared the public hearing open. Ruth Wirshup, representing the Housing Authority, spoke in support of this proposed annexation in order that the Authority can develop 15 units of low -rent housing on the land for use by citizens of the City of San Luis Obispo. She stated that she realized that this annexation was a problem, but that there was no land available anywhere within the city limits in order to develop public housing. Mr. Clyde Hostetter, representing the Los Verdes tract and adjacent property owners, stated that on behalf of the residents of the Los Verdes Park, they objected to the proposal without following the provisions of Section 727 of the city charter which requires that before an annexation is completed, it must go before a vote of the people. He then quoted from page 17 of the City Attorney's report which stated, "There was no definition of "public use" provided 1n.Section 727. Further, although judicially articulated rules of statutory construction allow consideration of ballot arguments and analyses in cases where the language of a voter approved measure is at issue, the arguments and analysis available to the electorate which adopted Section 727 provide not a hint regarding the intended scope of "public use." City Council Minutes August 21, 1979 - 7:30 p.m. Page 3 Mr. Hostetter continued that while the attorney might be legally right in his decision that no vote was required in this annexation, he felt the City Council had a moral responsibility and obligation to comply with the spirit of the voters in adopting Section 727 which was to allow them, the voters of the city, to vote on all annexations, particularly with any type of housing. He then read a number of analyses of Section 727 of the charter which were used during the election when this was adopted. This section ' allowed the voters to make the decision in the case of each annexation to the city. He urged the council to allow the people of San Luis Obispo to vote on every annexation to the city, including this one being pushed by the Housing Authority. Louise Updegraff, Los Verdes Park tract, was opposed to the proposed housing development as she felt that.the effect-of traffic on Higuera Street was detrimental to anyone living in this section of the city. She also felt that the new flight patterns at the airport would make living in the area very dangerous. Jack Fabbri, Los Verdes Park tract, was opposed to the annexation and also to the proposed development by the Housing Authority. He urged the City Council to continue this matter until 1) the present lawsuit over measure "G" is settled, and 2) allow the Housing Authority and city to look over a number of parcels of land now vacant and available for Housing Authority development. Mike Stevens was opposed to the Housing Authority proposal due to the remoteness of this parcel from the main stream of San Luis Obispo. Every necessity from food to medical, etc. was a long drive away. Mayor Cooper closed the public hearing. George Thacher again reviewed his memorandum opinion no. 78 -24 which concluded ' that in accordance with the provisions of Section 727 of the charter, he did not believe that a vote of the citizens was required in the instance of the Housing Authority building on the land. Councilman Bond stated that he would support a vote by the people on this issue of the Housing Authority development. He was sure that the people did not expect housing to be included in the catch -all phrase "public use" Councilwoman Billig felt that city should not have started the annexation procedure for the Housing Authority. She felt the Housing Authority should have filed their own annexation application. She felt the council should decide tonight on this issue and not wait for some future decision by some court. She felt it was up to the council to make that decision this evening. Mayor Cooper felt the Attorney Thacher had made a proper decision and analysis of Section 727. On motion of Councilwoman Billig, seconded by Councilman Dunin, that the City Council accept and approve the negative declaration granted by the San Luis Obispo Environmental Review Committee and that no further environ- mental studies are required. Motion carried on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond,-and Mayor Cooper ' NOES: None ABSENT: Councilman Jorgensen On motion of Councilman Dunin,_seconded.by Councilman Bond, the following resolution was introduced: Resolution No. 3946 (1979 Series), a resolution of the Council of the City of San Luis Obispo authorizing the application by the City of San Luis'Obispo to the San Luis Obispo Local Agency Forma- tion Commission for the annexation of territory. City Council-Minutes August 21, 1979 - 7:30 p.m. Page 4 Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 16. The City Council then considered the revised criteria for condominium , conversion ordinance and other issues previously outlined by the City Council. Henry Engen, Community Development Director, reviewed with the City Council the changes and amendments made to the proposed condominium ordinance following the meeting of the City Council of August 6, 1979. He read in detail Section 9800.10, Procedure, which was a new section drafted in response to general direction from the council. He stated that points involved were: 1. Annual Limit - He said this section was very straightforward. One question bound to arise was "Can part of an apartment complex be converted ?" That would have to be determined individually, since some properties may be feasible to continue a portion as rental complexes while others won't. 2. .Filing Period - He stated this was necessary to make the compara- tive evaluation, if one is needed, truly competitive. 3. Project Ranking - He stated this would set out the basic criteria. ..A more specific point system could be developed and adopted by council resolution. The Planning Commission seemed the logical body to do the ranking. The criteria listed were possibilities. For maximum objectivity, they should be yes /no or measurable characteristics. They weren't listed in any particular order. A. Individual open space - Easily determined, desirable for family occupancy, could be met by ground -level or balcony space. B. Tenants desiring to purchase - A very important and legitimate concern, but somewhat difficult to determine accurately. Tenant's decisions would really be made during their right -of- refusal period, which comes after project approval. It may be advisable to require a formal survey of tenants prior to application. Some tenants change their minds- -both ways - -after initial notifica- tion, especially as they learn the details of their purchase option. Another way to approach this would be the fraction expressing opposition to conversion. C. Availability of comparable housing - Another important, legitimate concern, but it would require a survey more complex than the vacancy sample to determine this accurately. D. Additional relocation time - Fairly straightforward and enforceable; it would be more important in some projects than others, depending on the type of tenants and the normal rate of turnover. E. Credits of payments - Fairly straightforward and enforceable. F. Financing of purchases - The subdivider would be a lender of last resort. This is a realy sticky one. Who would say whether a borrower turned down by institutional lenders should be carried by the seller? G. Distance from Cal Poly - Should.only be a factor if everything else is equal. It seems ogical to preserve the rental housing closest to the major source of demand for such housing, but it would be argued that students or their parents should be able to buy units for their use just as anyone else. City Council Minutes August 21, 1979 - 7:30 p.m. Page 5 H. ..More.amenities - Hard..to._tie..down....We should .be. careful . not to build.in incentives. to '.add..one..at.the= .expense.of another, like paving over--landscaping for guest parking. As an alternative- to.the Planning.: Commission: s .recommendation.being.advisory, only those.proj.ects passing their._ranking.could.be. sent on.to.the council. Whatever strategy is selected, it.should..minimize lobbying-of-commission ' and.council.members and'one - upsmanship by changing project descriptions after the initial-filings. The City Council then. discussed- in_.detail_with.the city staff some-of the proposals.and wording.in.Section 9800.10.:.It'.was the City Council's feeling ..that the .staff . should go around.one.more _ ti.me.with the private.sector to .have-that section reviewed to make sure the criteria can be met by most developers. After this .. review and -meeting - with.the-private sectors,- -the staff.was directed to prepare the ordinance for final consideration by the council at a future public hearing. Mayor Cooper declared a recess at 9:00 p.m. The meeting.reconvened at 9:15 p.m. .17. Ati:this- time_the.City.Council_ considered the adoption -of a resolution to update the fee schedule for.all.building'department fees. ..John.Kellerman, Chief Building..Inspectbr,..stated that in accordance with _ ...previous council . directive, -he. has. .'.prepared_fees. for . related codes and incorporated.them in-one document. .He-continued that in'.each schedule, an increase of.about.25i. over_ present _fees.had.been.introduced. This may seem high,.but. when you.consider:that..the city has not made.any.changes to:the electrical, mechanical, and.plumbing..fees since 1971 and to the building permit fees since 1976,...the increase is small and'.long. over due.. He.continued that the: increase. in-£ ees ..from-building.permits.would result from using the most current '.'cost..per..square foot ".figures.published by the International Conference..of. Building. Officials ....As -.an..illustratioi►, the city is now using $20.90 per,square'foot..for evaluating.n6T residential construction. Under the latest '.'cost per.square.foot ".schedule published ... by I.C.B.O., wood frame:dwellings: would be evaluated-at $27.60 per square foot. This figure is consistent-with most neighboring jurisdictions. Finally he. stated that -in the.1978 /1979.fiscal year for a construction value .of $13,340,757 fees collected-were $107,630. Under the proposed new fee schedule, if.all things.were equal, the new rates would amount to $134,537, so it is not a tremendous increase. The City.Council..discussed. with John..Kellerman,.Chief Building Inspector, various•.aspects of his- proposed.fees..for permits, etc. On motion-.of.. Councilman... Bond,.seconded-:by.. Councilwoman the -following 18. The City�Council considered.a request from the Human Relations Commission that they direct the City.Attorney.to work with them'to prepare an ordinance which would..address the.problem of discrimination against against families with children in rental housing. ......resolution was introduced :..- Resolution_:No..3947 (1979'Series),..a. resolution of the.Council.of the City,.of San Luis Obispo establishing fees for permits, other inspections and-plan checking purposes. Passed.and adopted.on. the following_roll.call vote: AYES: Councilmembers Bond, Billig,.Dunin,.and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen 18. The City�Council considered.a request from the Human Relations Commission that they direct the City.Attorney.to work with them'to prepare an ordinance which would..address the.problem of discrimination against against families with children in rental housing.