HomeMy WebLinkAbout09/18/1979City Council Minutes
September 17, 1979 - 12:20 p.m.
Page 2
Mike DeNeve, Planning-Commission Chairperson, suggested the following.for
direction of the Council and Planning Commission: 1) that any policy adopted
be written down.as.often.as.possible. and kept..in.a.separate Planning Policy
Manual; 2) try not..to modify policy through project - proposals under consideration;
and 3) make recommenations for policy changes.as separate action item, both from
the City Planning Commission to the.City Council and from the City Council
to the City Planning Commission.
The City Councilmembers presented accepted the suggestions from Mike DeNeve
be consensus. The City Council-and Planning Commission then held a rather
extensive discussion of general areas of conflict between the Council, Planning
Commission and possibly the public as far as these activities were concerned.
The Planning Commission members.briefly discussed.the methods of providing
the Planning Commission with staff reports, etc.
After discussion,.it was determined that the City Council and Planning Commission
would continue their discussion and allow.public input.at their next session
which would be held at 7:30 p.m., Tuesday, October 16; 1979.
2. There being no further business to come before the Council, Mayor
Cooper adjourned the meeting at 2:15 p.m., to Tuesday, September 18, 1979 at
4:00 p.m.
Approved by Council on: 10/16/79
J)w,firtzpatrick, City Clerk
M I N U T E S
ADJOURNED.MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 18, 1979 - 4:00 P.M.
COUNCIL CHAMBERS, CITY HALL
990 PALM STREET, SAN LUIS OBISPO
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, Community
Development Director; Ken Bruce, Senior Planner; Wayne Peterson,
City Engineer; Richard Minor,..Fire Chief; Jim Stockton, Director
' of Parks and Recreation;, Roger.Neuman, Police Chief; D.F. Romero,
Director of Public-Services
A. Councilman Alan Bond, on behalf of the Council Subcommittee -(Bond /Cooper)
made the following recommendations for appointments to the Park and Recreation
Commission: For reappointment for the term ending 6/30/83 - Robert Janssen,
Gerry Johnson, Richard Jordison and Dutch Van Harreveld; To fill vacancies from
resigned members for term ending 6/30/81'- Jack.Fabbri, Pamela Crum.
City Council.Minutes
September 18, 1979 - 4:00 p.m.
Page 2
On motion of Councilman Bond, seconded.by_Councilman.Dunin, that the City
.Council approve the recommendation of the..subcommittee and appoint members
to the Park and Recreation Commission..
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig and Mayor Cooper
NOES: Councilman Jorgensen.
ABSENT: None
1. . Councilman_Jorgensen, on behalf-of the Council Subcomittee
(Jorgensen / Dunin), recommended that Mary Ann Vasconcellos be appointed
to the Human Relations Commission with her term to expire on June 30, 1981
to replace a resigned member.
On motion of Councilman Jorgensen, seconded by Councilman Dunin the City
Council approved the appointment of Mary Ann Vasconcellos.
Passed and adopted..on the-following roll:call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
2. John Wilson, representing the Local Library Users United, appeared
before the City Council on behalf of.a ballot proposition which would be
on the November ballot and which would add a $5 per year per household tax
for the support of libraries within the county except for the City of
Paso Robles. ,
Gail Perkins, County Librarian, spoke in support of the new tax being imposed
on the people of San Luis Obispo.
On mmotion of Councilman Dunin, seconded by.Councilwoman Billig, the staff
was directed to prepare a report on just what the proposition implied and
that they also prepare a resolution endorsing the proposal for the council's
consideration.
Motion carried on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
3. At this time the City Council considered a recommendation of the
Planning Commission to approve.a tentative map for Minor Subdivision 79 -162
to create two lots from one lot (deep lot subdivision) located at 531
Luneta Drive subject to findings, conditions, and exceptions, R -1 zone;
John Bauer, subdivider.
Ken Bruce reviewed the conditions, findings, and.exceptions to this deep lot
subdivision and stated that the city staff.had no objection and supported the
recommendation of the Planning Commission to approve the tentative map of the
minor subdivision.
Mr. John Bauer, developer, appeared before the City Council stating that he
agreed with all the conditions established by the Planning. Commission except
no. 2 which read,. "Subdivider shall pay sewer and water fees, as determined
by the City Engineer prior to final map approval." He asked that he be
allowed to.pay this at the time the.building permits are issued and not upon
approval of the final map as it may be some time between the final map
approval and the actual construction.
City Council Minutes
September.18, 1979 - 4:00 p.m.
Page 3
After some discussion with.the city staff, it was moved by Councilman
Jorgensen, seconded.by Councilman Dunin, that the City Council introduce
Resolution No. 3953, (1979 Series), a.resolution of the Council of the
City of San Luis Obispo granting approval of tentative map for Minor Sub-
division 79 -162, located at 531 Luneta Drive, including condition no. 2
as recommended by the Planning Commission.
Passed and adopted on the following roll call voter
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
4. At this time the City Council.considered the recommendation.of
Councilman Bond that the council consider the disbandment of the Design
Review Board.
Councilman Bond stated that:he.had talked with the members of the Design
Review Board and members of the city staff and they all felt the-board
could be disbanded and the duties picked up by staff and /or the Architectural
Review Commission.
Ms. Jane Lily, chairperson of the.Design.Review Board, appeared before.the
City Council stating that-in her opinion the board could be eliminated, however,
some of the programs for the protection, preservation, and enhancement of the
community character must be assigned to other.agencies or staff in order not
to lose this control. She felt that review by professional designers, the
D.R.B., comes too late in the process of any proposal and what is needed is
the contribution of Actual-professional urban-design work -at the start of
a project -.
She continued that the city's ordinances, planning documents, and engineering
standards are used as the basis for city design but these are not based on
the character of the city. Rather, they are for.the most part cut and pasted
from documents used by other cities. The long term product of use of these
documents for guidance will turn San.Luis Obispo into another Fresno or Orange
County. She felt the City Council was building a city for habitation by
cars and trucks, not people: She felt.the public could not depend upon
private consultants in the environmental design fields to enhance the city
by designing for human beings when the comprehensive-planning process acts
to discourage this. She hoped that with the disbandment of the D.R.B., that
some of• these_responsibilities:would =be assumed:by other responsible staff
members and /or the Architectural Review Commission.
After discussion by the.council,.it.was moved by Councilman.Bond, seconded
by Councilman Jorgensen, that the matter of-disbandment of the Design Review
Board be referred to Henry Engen, Community Development Director, for study
and recommendation of who would absorb the various responsibilities of the
D.R.B. upon its disbandment..
Motion carried on the following roll call vote:
AYES: Councilmembers Bond, Jorgensen, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
The City Clerk was to notify -all D:R._B. applicants that the- council.is-
thinking of disbandoning the board.
5. On motion of Councilman..Jorgensen, seconded by Councilman -Bond, the
City Council approved the plans and specifications for the "Pool Cover and
Reels" and the "Turf Mower with Hydraulic Powered Reels and Gang Lift ", bid
estimates $10,000 and $26,000 respectively, and authorized the staff to
call for bids. Motion carried.
City Council Minutes
September 18, 1979 - 4:00 p.m.
Page 4
CONSENT ITEMS
C -1. On motion.of Councilman Jorgensen, seconded by Councilman Dunin,
claims against the city for•the month of September, 1979, were approved and
ordered paid subject to the approval of the Administrative Officer. Motion
carried.
C -2. On motion of-Councilman Jorgensen, seconded.by.Councilman Dunin,
minutes of the council meetings of,
July 23, 1979 - 12:15 p.m.
August 6, 1979 - 12:10 p.m.
August 7, 1979 - 4:00 p.m.
were approved as corrected and ordered received and filed. Motion carried.
C -3. On motion of Councilman Jorgensen,.seconded by Councilman.Dunin,
the following resolution was introduced: Resolution No. 3954 (1979 Series),
a resolution of the Council'of the City of San Luis Obispo approving the
final map of Tract 634, South Street Junction (located at 265 and 275 South
Street and 320, 330, and 350 Woodbridge Street).
Passed and adopted on the following roll call vote:
.AYES: .Councilmembers Jorgensen, Dunin,•Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
C -4. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3955 (1979 Series), a
resolution of the Council of the City of Sail Luis Obispo granting approval
of the final map of Tract 718, Laguna. Shores.
Passed and adotped on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
C -5. On motion of Councilman Jorgensen, seconded.by Councilman Dunin, the
following resolution was.introduced: .Resolution No. 3956 (1979 Series), a
resolution of the Council of the City of San Luis Obispo granting approval
of the final map of Minor Subdivision'SL0 778 7-250, located at 1485 -1801
Prefumo Canyon Road and 1055 -1075 Los Osos Valley Road.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
C -6. On motion of Councilman- Jorgensen, seconded by Councilman Dunin,.the '
following resolution was introduced: Resolution No. 3957 (1979 Series), a
resolution of the Council.of the City-of San Luis Obispo granting approval
of tentative map for Minor- Subdivision 79 -153, located at 3261 South Higuera
Street.
Passed and adopted on the•following roll -:call .vote:
AYES:. Councilmembers Jorgensen, Dunin, Billig,.Bond, and.Mayor.Cooper
NOES: None
ABSENT: None
City Council Minutes
September 18, 1979 - 4:00 p.m.
Page 5
C -7. On motion of Councilman.Jorgensen, seconded by Councilman Dunin,
the following resolution was introduced:. Resolution-No. 3958, (1979 Series),
a resolution of.the Council of the City of San Luis Obispo granting approval
of tentative map for Minor Subdivision 79 -157, located at 2200 Los Osos Valley
Road and 1440 Auto Park Way.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
C -8. On motion of.Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3959 (1979 Series), a
resolution of the Council of the City of San Luis Obispo granting approval of
tentative map for Minor Subdivision 79 -161, located at 234 South and 2222
Beebee Streets.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
C -9. On motion of Councilman Jorgensen, seconded by Councilman.Dunin, the
following resolution was "introduced: "Resolution No. 3960 (1979 Series), a
resolution of the Couhcil"of the City of San Luis Obispo granting approval
of tentative map for Minor Subdivision 79 -186, located at 2049 Swazey Street.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond,.and Mayor Cooper
NOES: None
ABSENT: None
C -10. On motion of Councilman Jorgensen, seconded by.Councilman.Dunin,
the following-resolution was introduced: Resolution No. 3961 (1979 Series),
a resolution of the Council of.the City of-San Luis Obispo accepting the
off -site improvements of Tract 727,.Peachwood Condominiums.
Passed and adopted.on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
C -11. On motion of Councilman Jorgensen, seconded by Councilman Dunin,
the following resolution was introduced: Resolution No. 3962.(1979 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Cal Trans for relocation assistance.
Passed and adopted on the following.roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
City Council Minutes
September 18, 1979 - .4:00 p:m.
Page 6
C -12. On motion of Councilman- Jorgensen,_seconded.by.Councilman Dunin,
the-following resolution was introduced: .Resolution.No. 3963 (1979 Series),
a resolution of the Council of the City. of San Luis Obispo increasing the
general fund appropriations for-the 1979 /80_fiscal year (911 telephone
stickers).
Passed and adopted on the following roll call vote:.
AYES: Councilmembers Jorgensen, Dunin, Billig,.Bond.,..and Mayor Cooper
NOES: None
ABSENT: None
C -13. On motion of.Councilman Jorgensen, seconded
the following resolution was introduced: Resolutio
a resolution of the Council of the City of 'San Luis
approval of Minor Subdivision 79 -10, located at-881
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig,
NOES: None
ABSENT: None
BID ITEMS
by Councilman Dunin,
.i.No. 3964 (1979 Series)
Obispo granting final
Peach Street.
Bond, and Mayor Cooper
B -1. The'City Clerk reported that.only.one bid was.received for the Over -
Haul of Barminutors, City'Plan No. D- 28,.erigineer's estimate $19,000. The
bid was received from Sanitation and Operation Consultants, Westlake Village,
California, bid $21,800.00
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No:-3965 (1979 Series), a resolution
awarding the bid to Sanitation and Operation Consultants.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None.
ABSENT: None.
There being no.further business:to come.before the City.Council, Mayor Cooper
adjourned the meeting at 5:10 p.m. to.7:30 p.m., Tuesday, September. 18, 1979.
APPROVED BY THE COUNCIL ON: 10-
J. itzpatrick, City Clerk
October 16, 1979
L
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City Council Minutes
September 18, 1979 - 7:30 p.m.
Page 1
M I NUT E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 18, 1979 - 7:30 P.M.
990 PALM STREET, SAN LUIS OBISPO
Roll Call
Councilmembers
PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen, and
Mayor Lynn R. Cooper
ABSENT: None
City Staff
PRESENT: Lee Walton, City Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community
Development Director; Ken Bruce, Senior Planner; Wayne Peterson,
City Engineer; Rudy Muravez, Finance Director; Richard Minor,
Fire Chief; Mikel Park, Fire Marshal; Roger Neuman, Police Chief
6A. At his.time the City Council held a public hearing on the recommen-
dation of the Planning Commission to rezone property at 3023 Rockview Place
from R -2 -S and A /C -40 to R -2 -PD.
Ken Bruce, Senior Planner, presented.the recommendations of the Planning
Commission which was to .approve the preliminary development plan with a
.negative declaration environmental impact subject to conditions set for the
subdivision. He stated that the planned development would consist of four
two - bedroom detached residential units on a 22,000 square -foot parcel located
on the west side of Rockview Place near Sweeney Lane.
The Planning Commission's conditions were as follows:
1. The project shall receive preliminary approval by the Architectural
Review Commission.
2. The applicant shall be given a period.of 12 months to file.precise
development plans for.city approval. Preliminary development plan
approval shall become null and void-after 12 months if precise
development plan is not filed and approved.
3. The project shall. be "built -out" in a single phase. Construction
shall commence within 12 months from the date of approval of a
final tract map and shall be pursued in a timely fashion.
4. The applicant shall revise the site plan showing the driveway to
city standards.. Density on site shall not exceed four equivalent
units.. No structures or grading above the 285 foot contour elevation
shall be allowed.
5. The applicant shall install automatic garage door openers on all
garages.
Mayor Cooper declared the public hearing open.
Vic Montgomery, representing the applicant, stated that he was prepared to
answer council questions and that conditions established by the Planning
Commission were acceptable to the developer.
Councilmember Billig asked the planning staff if they had any objection
or had presented any objections to the Planning Commission to this development.
City Council Minutes
September 18, 1979 - 7:30 p.m.
Page 2
Ken Bruce, Senior Planner, stated yes, that the staff had submitted a report
in which they identified three major areas of concern which should be
addressed in the review of.this project. The three issues were summarized
in the following five questions:
1. Does the applicant's cross -slope calculations more accurately
represent the site's terrain than staff's calculations? .
2. Should the applicant's calculated cross -slope of 10.9259 entitle
him to the density allowed for 0 -109 cross -slope areas?
3. Is Residential - Planned Development zoning consistent with the
General Plan designation of Conservation /Agriculture?
4. Is it consistent with the intent of the Planned Development section
of the Zoning Ordinance to allow a planned development density
incentive on projects of.a very small scale?
5. Does the project submitted to the commission meet the-Zoning
Ordinance requirements for granting an increased density incen-
tive (enhance the area in which it is proposed, by exceptional
design and arrangement of buildings, provision of open space and
recreation facilities and landscaping, and the protection of the
welfare and privacy of adjoining properties)?
Ken Bruce suggested that if the commission could answer all five questions
in the affirmative, the project could be approved. If the commission could
not make affirmative findings'on any of the questions, the Planned Development
rezoning must be denied or modified to meet the Zoning Ordinance. It was
the staff's recommendation to the Planning Commission to deny the Planned
Development rezoning request because the site was too small, the proposed
density exceeds that allowed by the Zoning Ordinance based on cross - slope,
and the project is not of exceptional design to warrant a 259 density incen-
tive. The proposed project is just an ordinary apartment project that
happens to be a condominium.
George Thacher, City Attorney, warned the City Council to be careful in
their consideration of this planned development as it crosses two zone
lines. He felt this proposal bordered on a spot zoning and the council
should be prepared to grant the same privilege to adjacent property owners
if they so request.
The City Council then discussed the.effect.that the existing zoning split
on the proposed development had and also the issues submitted by staff to
the Planning Commission.
Don Smith stated that he was opposed to the proposal. He said that the
matter involved spot zoning. He also-felt that two planning commissioners
has conflict.of interest_in this issue although they did not vote.
Mayor Cooper declared the public hearing closed.
Councilwoman Billig explained the philosophy of planned development projects
granting greater density for amenities granted to the city by the property
owners. She felt the proposed density was too high in scope and it was
excessive. She did not feel the proposal was consistent with the General
Plan as no amenities were granted for greater density. She would deny the
pro j fact i ec'r..
Councilman Dunin stated he too would support denial of the project as he
felt the density was in opposition to the city ordinance provisions.
Councilman Jorgensen stated he was opposed to approving this planned
development. He felt the density was too high and the slopes were too
steep. He felt the project should be denied. He stated he would support
the staff's recommendation on the project.
On motion of Councilwoman Billig, seconded by Councilman Jorgensen, that
the City Council deny the recommendation of the Planning Commission and
leave the zoning as it presently exists, R -2 -S and A /C -40.
City Council Minutes
September 18, 1979 - 7:30 p.m.
Page 3
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Dunin, and Jorgensen
NOES: Councilmember Bond and Mayor Cooper
ABSENT: None
6B. The tentative map for Tract No. 842 which would allow four two -
bedroom detached residential units located -on the west side of Rockview
Place was continued on motion of Councilman Dunin, seconded by Councilman
Jorgensen, and referred to the Planning Commission to hold for future
consideration if the applicant decided to change their application.
Motion carried on the following roll call vote:
AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
7. At this time the City Council held a.public hearing on the appeal of
..David A. Bowen of a denial.by the Planning Commission of a variance to
allow a 10 foot street yard setback that allowed two parking spaces to
back up into the street yard setback..
David.Bowen, appellant, stated that the property consisted of 7,647 sq.ft.,
a triangular shaped, C -N zone.lot at the intersection of South Broad and
Chorro Streets. Such lot required.full setback on.both streets, had a small
building site and,a maximum open space compared to the average commercial
lot. The proposed building .would have occupied 2,400 sq.ft., slightly less
than one third of the total lot and was sited well within the ten foot set-
back generally requiring C -N zoning. Because one lot at the far end of Chorro
Street was zoned R -2, the setback . changed from 20 feet for the entire block
regardless of the.fact that none.of the.existing buildings conformed to the
setbacks. All were setback approximately 13 feet. The - corner of�the proposed
building adjacent to the existing building was setback 14 feet: A) thus the
appeal for a 10 foot setback was based -on the.above average amount of setback
or open space.in the proposed plan. The location of the proposed building and
the adjacent buildings. None of the actual parking sites extended in a 10 foot
setback, only a portion of the backup from the two spaces intrude. B) Again,
the appeal for this intrusion was based on the total amount of open space at
a minimum amount of variation. C) Finally, the above requests were - recommended
by the staff and approved 3 -1 by the Planning Commission. The variance approval
however, required 4 affirmative votes and 3 Commissioners had been absent at the
meeting. .
Ken Bruce, Senior Planner, presented the action of.the Planning Commission
which was to approve the use permit for the office use but denied the required
variance which would allow two required parking spaces to back up into the
street yard setback and allow a street -yard setback of 10 feet:on Chorro Street
where 20 foot is required. The city staff did not agree with the Commission's
.action and felt the appeal should.be upheld and the variance granted.. The basis
for- granting -the variance as recommended- by:the staff was because the following
findings could be made:
1) The site was subject to exceptional circumstances.due to:lot:size, config-
uration and unusual street yard setbacks which do not apply generally to
land in the vicinity with the same zoning;
2) The variance does not constitute a.grant'of special privilege inconsistent
with limitations upon other properties.in the vicinity with the same zoning;
3) A granted variance would not adversely affect the health, safety, or general
welfare of persons residing or working in the vicinity.
The Council then discussed with the staff several of the issues considered
by the Planning Commission in the development of:this.property.,:
Mayor Cooper declared the public.hearing open. .1.
City Council.Minutes.
September 18, 1979 - 7:30 p.m.
Page 4
Mrs. David Bowen, appeared.before.the...City Council on behalf of their appeal,
stating they were ready to answer any questions required by the Council.
Mr. David.Bowen spoke in support of his appeal stating that this was a difficult.
piece of property which he felt-was being improved to the benefit of the entire
community.
Penny Rappa, Old Town Neighborhood Association, stated she was opposed to this
development as she felt that the building..wIs too massive in.relationship to
other buildings in the area. She.felt.the.proposed office use would cause
.great traffic congestion. She was-then unclear as to occupancy but she felt
it was still a bad situation. She felt that this lot was the gateway to the
old town and her association demanded that the City Council require a design
more in keeping with the Old Town Homes.
Mayor Cooper declared the public hearing closed.
Councilman Dunin stated he felt he could support the variance as outlined by
the staff and would uphold the appeal.
Councilwoman Billig stated she felt the issue before.the Council was that of
an appeal to grant a variance which she could support due to the unusual
circumstance of the lot, but she felt her primary concern was the design
and use of the property. She felt the proposed building was unacceptable to
her, felt the building was inappropriate and she could not understand how the
staff could have made those findings for a. variance.
Councilman Jorgensen felt this.was.a difficult parcel of land to develop. He
.felt the variance.was.logical and justified but he too felt that the massiveness
of the building was inappropriate. He hoped the property owners would ask for
a continuation on_the..variance hearing.so that they could meet with the Architectura.
Review Commission and resolve the conflict with the size of the building.
Councilman Bond also agreed that the.building design was too large for the
parcel, felt•it was the wrong building for this site.
Mayor Cooper felt the property owner had worked very closely with the staff
on this development but felt the building'should be looked at with the
cooperation of.the A.R.C. and Old Town Neighborhood Association in order
to make it more compatible with the neighborhood.
On motion of Councilman Jorgensen, seconded by.Councilman Bond, that the
City Council continue consideration-of the variance appeal with the appli-
..cant to meet with the A.R.C. and neighborhood'to look at designs and try
to make it more compatible-.to the area with the concept of the 10 foot setback
line approved. Motion carried.
8. The City Council held a public hearing to consider the recommendation
of.the city staff to increase the sewer ,service charges by 30 percent in all
catagories.
Rudy Muravez, Finance Director, again.presented the reasons for recommending
an increase of 30 percent in all sewer service charges.in order to put the
sewer operation:on a pay as you go basis. He urged that the Council adopt
the 30 percent sewer service charge in order to avoid subsidizing the sewer
operation in future years.
Lee Walton, Administrative Officer,.explained that part of the need for the
sewer service.charge was caused by Federal and State environmental laws. which
required major improvements.to keep the environment clean.
Mayor Cooper declared the public hearing open.
LaVerne Schneider, Marsh.Street., stated she was opposed to the 30 percent
increase and suggested that rather than increase it to 30 percent at this
time to start with a small percentage, 10 percent, and then every six months
increase it an additional 10 percent to arrive at the total. It was her feel-
ing that the city was constantly increasing their various fees and that while
many people could afford it there were a great number of young people and senior
citizens and others who could not afford an additional monthly charge for basic
utilities.
City Council Minutes
September 18, 1979 - 7;30 p.m.
Page 5
Mayor Cooper declared the public hearing closed.
Mrs. Davis phoned and stated she objected to the rate increase.
Councilman Dunin stated he was surprised that no one was here to oppose
the rate increase. He felt that 30 percent was excessive and he would
not support it at this time. He felt it had been the prior Council's
1 policy to increase these on an annual basis and he could not understand
why the staff did not follow through on this Council direction.
Councilwoman Billig stated she did not like the 30-percent increase but
due to past Council not keeping up with utility operations, she would
reluctantly support.the increase. She also agreed that all utilities
should be on a self- supporting basis.
Councilman Jorgensen felt that the public should know that part.of these
reasons-for the rate increase was that the Council added personnel to the
sewer operation as directed by the Water Quality Control Board. He would .
support the proposal.
Councilman Bond stated he too would reluctantly support the sewer service
charge and hoped the Council would.consider this -on an annual basis.. He
_hoped the public realized that these costs were being added by the Federal
and State Government requiring major increases, both in the plant itself
and in personnel.
Mayor Cooper stated he would support the increase even.though he felt it
was very. high at this time.
On motion of Councilman Bond,.seconded.by.Councilman Dunin, the following
resolution was introduced: Resolution No. 3966 (1979 Series), a resolution
of the Council of the City of San Luis Obispo establishing sewer service
charges and rescinding Resolution No. 3117.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Jorgensen, Billig and Mayor Cooper
NOES: Councilman Dunin
ABSENT: None.
9. The City Council considered the recommendation-of the Planning
Commission-to-amend the official zone map of.the.city to rezone property
at 1075 Los Osos Valley Road from PF.(public facility) to R -3 (medium -high
density residential); city initiated rezoning (continued from September 4, 1979.
Henry Engen, Community,Development Director, briefed the recommendation from
the'Planning Commission to rezone the property.
Mayor.Cooper declared the public hearing open.
Vic Montgomery, representing the property owner,.stated he was available to
answer any questions...
No one appeared before the City Council for or against the proposed rezoning.
Mayor Cooper declared the.public hearing closed.
On motion of Councilman Bond, seconded by-Councilman Dunin, the .following
ordinance was introduced to print: Ordinance No. 819 (1979 Serie), an. ordinance
of the City of San Luis Obispo amending the official zone map of.the city to
rezone property at 1075 Los Osos Valley Road, city initiated rezoning (CR 0758).
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Bond, Dunin and Mayor Cooper
NOES: Councilmembers Billig and Jorgensen
ABSENT: None
City Council Minutes
September 18,..1979 - 7:30 p.m.
Page 6
10. The City Council held.a public hearing on.the recommendation of the
Planning Commission to.amend- the..official zone map of the city to rezone
property at 1326 through.1368..(even numbered side) Higuera.Street from R -2
(medium density residential) to R -3 (medium -high density residential), city
initiated rezoning (continued from September 4, 1979).
Henry Engen stated . that the Planning.Commission, after public hearing, had
approved the rezoning and recommended the change be made.on a 4 -2 vote.
Mayor Cooper declared the public hearing open.
LaVerne.Schneider, 1356.Marsh.Street, appeared.before the.City Council urging
the Council not to'change. the zoning-to R-3 but leave it as.it was to R -2.
It was her opinion that the rezoning consisted of spot zoning and therefore
illegal. She felt there had been months of discussion and hearings on this
matter and at no time.was the need to.rezone.this area to R -3 proven. She
....urged the Council to leave the property at R -2. She also-.stated that her
personal survey showed that all the..people on Higuera Street except the
sorority were opposed to this rezoning change.
Donna 1357 Higuera Street,- stated she was.opposed.to .the proposed
proposal,to rezone.this property to R -3. He urged the Council-to-leave it
as it was, R -2. She felt the rezoning.was..being done..only.to. appease one
property and one special interest group. She stated she was speaking for
all of her neighbors.
Rosemary Talley, President of,the Housing..Board of Gamma Phi Beta and owner
of the house at 1326 Higuera Street, again urged the City Council to approve
the rezoning. She stated they had submitted to the City Council a petition
signed by the effected neighbors., all of whom had signed with the exception
of a resident from La.Mirada.. She stated that some of the residents from
across the street., an area not planned for rezoning, had signed the petition _
and she urged the City Council to change the rezoning to R -3 on the even numbered'
side of the block.
Don Smith stated he was opposed to.the grant of special privilege to one
property owner.
Mayor Cooper declared the public hearing closed.
Councilman Jorgensen stated he would not support the rezoning as he had
.opposed it from its inception. He felt it was spot zoning and was not the
proper way to go.
Councilman Bond stated he had no. further . comment as this had been discussed
many times..
Councilwoman Billig stated she would not support.this.grant.of special privilege
to one group of people for their use. She felt-it-was poor zoning-and could not
support it.
On motion.of Councilman Bond; seconded.by.Councilman Dunin; the following
ordinance was introduced: Ordinance No. 820 .(1979 Series)., an ordinance of
the City of San - Luis Obispo amending the official zone map of the city
to rezone property at 1326 -1368 Higuera Street (CR 0762).
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Bond, Dunin and Mayor Cooper
NOES: Councilmembers Billig and Jorgensen .
ABSENT: None
11. The City Council considered the final passage of Ordinance No. 815
(1979 Series), an ordinance of the City of San Luis Obispo amending Section
8400.1 of the San Luis Obispo Municipal Code, Underground Utility Ordinance
to update zoning classifications that would require.under.grounding.
Mayor Cooper declared the public hearing open. No one appeared before the
City Council for or against the ordinance. Mayor Cooper declared the public
hearing closed.
City Council Minutes
September 18, 1979 - 7:30 p.m.
Page 7
On motion of Councilman Jorgensen, seconded by Councilman Bond, Ordinance No.
820 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
12. The City Council considered the final passage of Ordinance No. 816
(1979 Series), an ordinance amending the official zone map of the city to
rezone property at 3230 So. Higuera Street from C -H to PF -S. (CR 0757)
Mayor Cooper declared the public hearing open. No one appeared before the
City Council for or against the proposed rezoning. Mayor Cooper declared
the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Bond, Ordinance
No. 816 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
13. The City Council considered the final passage of Ordinance No. 817
(1979 Series), an ordinance of the City. of San Luis Obispo amending the
' official zone map of the city to rezone property south of Southwood Drive
and west of Laurel Lane from M to R -2 -S and from M to M -S (CR 0760).
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 Jorgensen, seconded by Councilwoman Billig, Ordinance
No. 817 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
14. The City Council considered the final passage of Ordinance No. 818
(1979 Series), an ordinance of the City of San Luis Obispo amending the official
zone map of the city to rezone property at 2238 and 2252 Broad Street, city
initiated rezoning, C -H to C -N and M to C -N (CR 0761).
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 Jorgensen, seconded by Councilwoman Billig, Ordinance
No. 818 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
City Council.Minutes
September 18, 1979 - 7:30 p.m.
Page 8
10:15 p.m. Mayor Cooper.declared a.recess.. 10 :30 p.m: Council-meeting
reconvened with all Councilmembers present.
15.. At this.time.a Committee of local citizens called Concerned Citizens
At Action-appeared .... before the City Council to request.that the Council eliminate
fluoridation of the San Luis Obispo water system.
Shirley Graves, San Anselmo, California, appeared before the City Council and
spoke on behalf of the Concerned Citizens At Action group and.she.presented
documentation which attempted to show the dangers of- adding fluorides to drink-
ing water and.-also urged the City Council to.stop the.addition of fluorides
to the,City of San Luis Obispo water.. She.then reviewed various.studies that
had proved the danger of fluorides.
Monte Farrow, Chairman of the.Concerned.Citizens At Action,.stated that he
was_opposed_to any type of medication such as fluorides,.etc. -
Dr. Warren Quist, Dentist, stated he was in support of the continued use of
fluorides in city water... He stated he..supported.putting the.-fluoride matter.
on the ballot in 1953 and still supported its use. He stated the same arguments
presented this evening by the-Concerned Citizens At Action were the same ones
that were used against fluorides and were still.being used as they were used in
1953. He listed a number of studies proving the advantages of fluorides. He
stated nothing had changed in 26-years.
Nina Farsburgh.stated she was opposed to.continued placement of fluorides in
the. city water supply and she was convinced that fluorides caused cancer. She
was opposed to being forced to take medications that she did not.wish or desire.
Marty Cravens,.Oral Surgeon, presented current studies to the.City Council
on-the-effect of fluorides in domestic.water supply.which showed.the safety
of this method . of applying fluorides.. He felt this program.and the.program
that-was in operation in San Luis-Obispo had been successful and that no side
effects had been proven since its inception in 1953.
Michael Krout, Attorney, asked..that the Council direct the City Attorney at
this meeting, to prepare an ordinance removing fluorides from the city.water
system.
Eric - Fausberg stated he too was opposed to.the.continued placement of fluorides
in.the city domestic water supply. He stated he feared to drink Sari Luis Obispo'.s
water due to inclusion of fluorides in the water.
Mayor Cooper closed the public..input. Mayor Cooper suggested that if the
public wished to take the.fluorides.out of the city water they should use the
initiative or referendum process to place it on the ballot so that the people
in San Luis Obispo could vote on it as they did to place the fluorides in the
water in 1953.
Councilman.Jorgensen.agreed and clarified the Mayor'.s proposal-on getting an
initiative before.the voters.to- remove.fluorides from:city water.
11:10 p.m. The City Council adjourned to Executive Session. 11:15 p.m. The
City Council reconvened in Regular Session, all Councilmembers present. 11:17 p.m.
the.City Council-adjourned to 12;10 p.m., Monday, October 1, 1979.
Minutes approved by Council.on:
11/6/79 J Fitzpatrick; City'Clerk . -