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HomeMy WebLinkAbout10/02/1979M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 2, 1979 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL Roll Call Councilmembers Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and Mayor Lynn R. Cooper Absent: None City Staff Present: Lee Walton, Administrative Officer; J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Bob Mote, Utilities Engineer; D.F. Romero, Director of Public Services; Henry Engen, Director of Community Development; Rudy Muravez, Finance Director; Wayne Peterson, City Engineer; Roger Neuman, Police Chief Others Present: John Jenks, City Consulting Engineer for Wastewater Treatment Plant; Ray Walsh; Ken Jones, Water Quality Control Board 1. The City Council met with John Jenks, Consultant for the Wastewater Treatment Plant Expansion, and Ray Walsh with the State Water Quality Control Board and Ken Jones from the local Water Quality Control Board to discuss the ' conditions of the State and Federal grants for the contemplated plant expansion program. John Jenks, consultant, presented the status of the plans and specifications and financing for the wastewater treatment plant. He felt the only unresolved issues were: 1) the level of treatment; and 2) the area of service. He stated that the level of treatment would have to be decided at the Federal level but that the area of service was a local discussion that might be decided by the parties present. He stated the equivalenf population figure for the expansion of the wastewater treatment plant was $50,$24 which was a figure derived from the city's planning department and agreed to by the City Council. Ray Walsh, representing the State Water Quality Control Board, reviewed for the City Council the various conditions of State and Federal clear water grants, particularly the requirement to stop the proliferation of treatment plants in an area and to encourage the development of regional facilities. He stated that as far as they were concerned, the expanded wastewater treatment plant was considered "Regional Plant" and all people were to be treated on a "fair and equitable basis" both inside the city and outside the city in the service area. He continued that the city could control connections to the sewer plant based on limits of the plant, capacity and access to the plant. The City Council then held a lengthy discussion with Mr. Walsh and Mr. Jones on what they felt the area of service as opposed to the City Council's concept area of service and population required to be served within that area. Also, ' the fact that the City of San Luis Obispo had no control over what the County approved in development in the areas adjacent to the city limits. After lengthy discussion, on motion of Councilman Dunin, seconded by Councilman Jorgensen, Resolution No. 3967 (1979 Series was introduced: a resolution of the Council of the City of San Luis Obispo authorizing filing applications for Federal and State grants for publicly -owned wastewater treatment works and providing certain assurances of compliance with a revised map to be forwarded with the application. City Council Minutes October 2, 1979 - 4:00 p.m. Page 2 Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None Following this action the city staff was directed to prepare a formula for allocation of sewer services beyond the present city limits based on population allocation figures, land use criteria, General Plan issues, etc. Also, that the Water Quality Control Board would be asked to cooperate in devising this formula. The staff was also directed to clarify the population allocation figures both inside and outside the city as shown in the wastewater treatment plans in the EIR, and area to be serviced. There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 5:20 p.m. to 7:30 p.m., Tuesday, October 2, 1979. Minutes approved by Council on: 11/6/79 Pledge Roll Call Councilmembers . Fitzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 2, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL 990 PALM STREET, SAN LUIS OBISPO Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and Mayor Lynn R. Cooper Absent: None City Staff Present: Lee Walton, Administrative Officer; J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Henry Engen, Director of Community Development; Terry Sanville, Senior Planner; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police Chief 1 F 1. The City Council held a public hearing to consider four recommendations I by the Planning Commission to amend the General Plan: A. CR 0770 - Change in land use designation from interim agriculture to medium density residential, 2 acres located at 4280 South Higuera Street; City Housing Authority, applicant. Henry Engen stated that the Planning Commission, on a 5 -1 vote, recommended denial because the location was not appropriate considering family occupancy, traffic on Higuera Street and distance to community facilities. The City Clerk presented a letter from the Citizens' Advisory Committee stating that at the September 27th meeting, the Citizens' Advisory Committee had changed City Council Minutes October 2, 1979 - 7:30 p.m. Page 2 their opposition to their proposed site for public housing and now wished to be on the record as supporting the zoning annexation appeal although the Chairman stated he was of the opinion that the site on Higuera Street was a poor choice from the standpoint from the safety and social well being of the children who would live there, but in an attempt to help the Housing Authority, they would withdraw their opposition. ' Mayor Cooper declared the public hearing open. Steve Nelson, Chairman of the Housing Authority, presented additional supportive information for the Housing Authority's request for the General Plan zoning change and annexation. He also stated how the Housing Authority was appealing the decision of the Planning Commission in recommending denial of the annexation and the General Plan amendment. He urged the City Council to overrule the Planning Commission and amend the General Plan. He stated the Housing Authority had looked at over 80 sites in the last several years in its attempt to develop the 15 units of low rent housing and that this was the only possible location available to them for development. He asked the Council for support. Claud Wolfe, member of the CAC, objected to the CAC letter where the Chairman stated that the CAC still felt that this was a poor choice. He stated that after the meeting, two actions were taken and that officially the CAC was supportive of the Housing Authority's attempt to rezone the property in the General Plan. Evelyn Lew, Housing Consultant for the League of Women Voters, asked that the following statement go in the record for this meeting: "Based on the League of Women Voters' state position, "Support of equal oppor- tunity in housing; support of measures to provide state programs to increase the supply of safe, decent, adequate housing for all Californians," the San Luis Obispo League of Women Voters recognizes that there is a definite need for low cost housing in San Luis Obispo. Our local position is against changing zoning on a piecemeal basis, however the parcel in question is zoned interim agricultural, and since this site is within the City's Urban Reserve, the type of proposed land use is compatible with the adjacent land use. Therefore, we support the City Housing Authority's request for approval of the General Plan Amendment to allow construction of fifteen (15) units of low income housing on the lower Higuera site. We are indeed fortunate to have a Housing Authority which has worked long and hard over the past several years to investigate various possibilities to acquire land on which to build HUD- funded units for low income families. With HUD financing, this is an excellent opportunity to acquire some units of low income housing for San Luis Obispo, at no direct cost to the local community." Clyde Hostetter, member of the CAC and Los Verdes Park tenant, asked the Council to support the Planning Commission and deny the request for General Plan amendment of this property. Rich Chubon, Executive Director of the Housing Authority, stated to the Council that he was available for any questions the Council might have. Mayor Cooper closed the public hearing. ' Councilman Jorgensen stated that he would support the General Plan amendment for rezoning and the annexation of the property but he wasn't sure that it was a good site but he did feel that the project would be lost if not consumated soon by the City. Councilman Bond stated he would support the Housing Authority's appeal. Councilman Dunin agreed that this was not the best site and did not feel it was suitable for the proposed use but due to a need for housing and availability of this one site, he would reluctantly support the proposed amendment. City Council Minutes October 2, 1979 - 7:30 p.m. Page 2 Councilwoman:Billig stated she did.not feel.this was an.ideal- •site.:for the project.but'in view.of:lack of other sites, she -felt she could support the General Plan amendment. Mayor Cooper stated he too could support and overrule the Planning Commission and amend the General Plan. On motion of Councilman Jorgenseni-:seconded.by Councilman Bond; that the City Council - approve the - General Plan amendment..to..medium_ density residential and overrule the Planning Commission.denial. Passed on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor :Cooper NOES: None ABSENT: None B. GP 0775 - Council- initiated amendment to change the land use.designation of 30 acres at South Higuera and Tank'Farm Road from service commercial/ light industrial to interim agriculture. Henry Engen, Community.Development Director; stated that the.Planning Commission, on a 5 -1 vote, recommended approval as was consistent with the Higuera Commerce Specific Plan with the understanding that the City initiate.reconsideration in two years to determine the ultimate use. Mayor Cooper.declared the public hearing open. No one appeared before the City.Council for or against the proposed amendment to the General Plan. Mayor - Cooper declared the public hearing closed: Councilman.Dunin stated he was opposed.to.any.A /C zone within the city. Councilwoman.Billig stated she would support the recommendation of the Planning Commission: Councilman Bond stated he too would support.the recommendation of the Planning Commission. Councilman - Jorgensen stated.he would, support the recommendation of the Planning Commission for interim agriculture. On motion of Councilman Jorgensen;_ seconded by Councilwoman-Billig, that the City Council approve.the amendment to the•General Plan to change the:land use .designation of 30 acres at South = Higuera and Tank Farm Road to interim agriculture A/C 20 zoning. Motion carried on-the following roll call vote: AYES:. Councilmembers Jorgensen, Billig, Bond and Mayor.Cooper NOES: Councilman Dunin ABSENT: None C. GP 0776 - Planning. Commission- initiated.amendment to-change the land use .designation of about 41� acres..south of Breck and... Fairview Streets from medium- density.residential to medium -high density residential. Henry.Engen, Community Development- Director, stated.that the,Planning Commission had voted 6 -0 recommending approval with modifications..as.shown because to develop .properties on Johnson Avenue would all.be conforming and they could.best.provide additional development, while development of the interior,.vacant area at medium - high densities.would overburden the neighborhood-, particularly circulation. The - motion included -that the -city initiate rezoning -of the.area" presently zoned R -3 -S to R -2 -S. City Council Minutes October 2, 1979 - 7:30 p.m. Page 3 Mayor Cooper declared the public hearing open. No one appeared before or against the proposed General Plan amendment. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he could support the recommendation of the Planning Commission as he felt it was good planning. ' Councilwoman Billig stated she too could support the Planning Commission's recommendation because she felt this was a good proposal for the City. On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the City approve the amendment to the General Plan as recommended. Motion carried on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that the staff initiate rezoning of that portion recommended for R -2 -S. Motion carried on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None D. GP 0779 - Council initiated change to the Housing Element program for condominium conversion, to reflect the tentative decision to tie approval of conversions to preceding year's rental construction. Henry Engen, Community Development Director, stated that the Planning Commission voted 6 -0 to recommend denial. They felt that all reference to relating condominium conversion to availability of rental housing should be eliminated because such a provision would infringe on property owner's prerogatives, conversions will be beneficial to the city's tax base, any numbers chosen will be arbitrary, and conversions should instead be regulated by property condition standards. He also reviewed the action of the Council when reviewing the Housing Element which called originally for a condominium conversion ordinance prohibiting conversions unless the rental vacancy rate was at least 3 %. At the time this was considered the Council decided instead to tie conversion approval to the number of rental apartments constructed and passed it back to the Planning Commission to initiate the amendment. Mayor Cooper declared the public hearing open. Vic Montgomery, Engineer, felt that conversion to condominiums should be adopted by use of a formula so that it was fairly applied to all applicants for conversion. Mayor Cooper closed the public hearing. Councilman Jorgensen stated he agreed with the prior Council action in adopting 1 the Housing Element in tying conversion to prior years' rental construction. Councilman Bond stated he too supported the Council's proposal for pre -year rental construction to be the basis for condominium conversions. Councilwoman Billig stated she agreed with prior Council action although she would rather support a 3% rental vacancy for conversion. She felt the majority rule applied at this point. Councilman Dunin stated he would support the prior Council action using the prior year rental construction as a basis for condominium conversion. City Council.Minutes October 2, 1979 - 7.:30 p.m. Page 4 - - Mayor Cooper stated ...that he also would support ._the.Council's.prior.action. On motion of.Councilman.Jorgensen, seconded by Councilman Dunin, that the City Council.accept.the staff recommendation and the.Council's prior action to.tie-conversion.of-approval to the number rental apartments :constructed. Motion carried, all ayes. On.motion:.of_Councilman Jorgensen,.- seconded..by... Councilman .Dunin;'.the.following resolution-.was introduced: Resolution.No.,3968 (1979 Series), a:resolution of the.Council of the City of San Luis Obispo amending the Land Use Element and Housing.-Element-of the General Plan. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond-and Mayor.Cooper NOES: None ABSENT: None 2. The City Council considered Ordinance No...819.to amend the.official zone map of the City._.to_rezone.property at 1075tLos.Osos Valley Road,from PF. (public facility) to R -3 (medium -high density - residential); city initiated rezoning. Mayor Cooper declared the public hearing open. Vic Montgomery stated on behalf of.the property owner, there were no objections and he was available to answer questions. Mayor Cooper declared the public hearing closed. Councilman Dunin.stated he would support the ordinance.and .the rezoning as he had in the past. ' Councilwoman Billig stated she could.not support.this.rezoning as she felt the R -3 was- too.high.in density and felt it should.be no higher than R -2 due to density in the surrounding area, and she would continue to.oppose this amend- ment. She would prefer-R -2 =PD zone. Councilman Bond stated.that after all these hearings, he would :continue to support the rezoning as recommended. .Councilman Jorgensen stated he was opposed as he felt the-R-3 density was too high..for the area but. -would support R- 2, -R -2 -S or an R -2 -PD with additional density but he was opposed to the R -3 zoning. On.motion of Mayor Cooper, seconded.by'Councilman Bond; Ordinance No. 819 was introduced for final passed. Finally passed on the following roll call vote: AYES: Mayor Cooper; Councilmembers Bond and Dunin NOES: Councilmembers Billig and Jorgensen ABSENT: None 3. The City .Council.considered.the.final passage- of...Ordinance No. 820, ..an.ordinance amending the official zone map of the.city to: rezone property at 1326 -1368 Higuera Street (even numbered'side of street only) from R -2 (medium density residential) to R -3 (medium -high density residential), city initiated rezoning. Mayor Cooper declared the public hearing open. LaVerne:Schneider, Marsh Street, again.spoke in opposition'to this zoning. She felt it'was'spot'zoning'and stated the neighborhood was opposed to this action. City Council Minutes October 2, 1979 - 7:30 p.m. Page 5 Rosemary Talley, representing the sorority, urged the adoption of the ordinance and stated she had talked again to all her neighbors on Higuera Street and no one opposed the use by the sorority. Mayor Cooper declared the public hearing closed. Councilman Jorgensen stated he was opposed to this rezoning and would not change his prior action, felt the density was too high for this area. Councilman Bond stated he would support the ordinance and that after all these hearings nothing had changed his mind. Councilwoman Billig stated she would continue to oppose the rezoning, nothing had changed her mind as she felt the density was too high. Councilman Dunin stated he would support the rezoning and that nothing new had been brought up at the hearings to have him change his mind. On motion of Councilman Bond, seconded by Mayor Cooper, Ordinance No. 820 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmembers Bond, Dunin and Mayor Cooper NOES: Councilmembers Billig and Jorgensen ABSENT: None 4. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3984 (1979 Series), a resolution of the Council of the City of San Luis Obispo expressing Council support of Measure B on the November 6, 1979 ballot. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None 5. The City Council considered the Planning Commission recommendation to approve tentative map for Minor Subdivision No. 79 -082 to create two lots from one lot at 2890 South Higuera Street, PF zone, Fred Schott, applicant (continued from 8/21/79 Council meeting). Ken Bruce, Senior Planner, stated that the proposal was to create two lots from one lot at the I.O.O.F. cemetery at the intersection of Elks Lane and South Higuera Street. The staff recommended to the Planning Commission that frontage improvements consisting of curb and gutter be installed along the entire South Higuera Street frontage of Parcel 1. This was a subdivision ordinance requirement. The Commission took action waive this requirement. Staff recommended that if the minor subdivision were approved, that curb and gutter improvements were unnecessary along the eri;ire frontage of South Higuera Street and must be required of this subdivision. Lee Walton, Administrative Officer, stated that the Council should approve the subdivision, require full improvements on Parcel 2 (mortuary) but amend Condition No. 3 to require curb and gutter only along Higuera frontage of Parcel 1 (cemetery) with the city to pave -out in exchange for the right -of- way. Wayne Peterson, City Engineer, explained the need for this widening as the street had heavy traffic and that without the widening and clear delineation of the curb line with the curb and gutter, that it would be difficult to hold with scoop paving. Also, portions of this curb and gutter area would have to be supported on the cemetery side by a small retaining wall. City Council Minutes October 2, 1979 - 7:30 p.m. Page 6 Ralph McCartney, architect for the owner and developer of the mortuary, stated that the mortuary would be moved from Santa Rosa and Marsh Street to the cemetery site. They would place curb, gutter and sidewalk in front of the mortuary but in no way would they undertake to replace 1900 lineal feet of curb and gutter along the cemetery as he felt it was too costly. If the city required installa- tion along the cemetery then they would drop the entire project. Stu Loper, I.O.O.F. Lodge, stated that he did not feel that the cemetery could afford to put in the curb and gutter, much less the necessary retaining walls to hold this in place to protect the cemetery and street. If the Council requir this, he felt the project was dead. Councilman Jorgensen stated that while he was in sympathy with the problems of the I.O.O.F. Lodge, he did not feel he could make the necessary findings to grant a variance to waive the curb and gutter improvements and he felt that economic hardship was not one of the - findings. Councilman Dunin asked if the Council found that due to the particular owner- ship and need for curb, could the city make these findings to cooperate with the property owner and install the necessary improvements. Councilwoman Billig stated it was a difficult decision and would be easier for her if the Lodge could afford some token payment in order to make the transaction a more cooperative venture. Bill Loper, I.O.O.F. Lodge, felt the Lodge would like to cooperate but they had no cash at this time. He asked for deferrment until the Cemetery Board could get a better cash flow and the need was demonstrated for the improvements. On motion of Mayor Cooper, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3969 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative Minor Subdivision No. 79 -082, located at 2890 South Higuera Street, subject to the findings by the , City Council. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Dunin, Billig, Bond and Jorgensen NOES: None ABSENT: None 6. The City Council considered the recommendation of the Planning Commission to approve tentative map for Minor Subdivision No. 79 -069 to create four lots from one lot at 1575, 1585 and 1625 Calle Joaquin, C -T and A/C zoning; Roger Arnebergh, subdivider. Ken Bruce, Senior Planner, stated that the tentative parcel map was to create four lots from one on the west side of Calle Joaquin, southerly of the intersection of Los Valley Road (Howard Johnson's Motor Lodge and Restaurant property). The subdivider wished to correct a situation where property had been subdivided in apparent violation of State Subdivision Map Act and City Subdivision Regulations. The subdivision request generally followed property ownership boundaries as they presently existed. He stated that the Planning Commission, on a 4 -2 vote, recommended that the City Council adopt the attached resolution granting approval of the tentative parcel map for Minor Subdivision No. 79 -069 with a negative declaration on environmental impact and subject to the findings and conditions listed. He continued that two of the Planning Commission members voted no because they could not support finding number 2, "The site is physically suited for the proposed type and density of development which is permitted by the A/C and C -T zones." The majority of the Commission felt the finding could be made and proposed Parcel 4, as designed, was acceptable. Roger Arnebergh, on behalf of the property owners, explained the rather complex ownership and transaction of this property going back to the late sixties when this property was developed by leases and not by subdivision. City Council Minutes October 2, 1979 - 7:30 p.m. Page 7 Councilwoman Billig felt that the whole project showed the need to master plan larger parcels of land. She felt she could not support the Planning Commission's recommendation but she would rely and support the staff's recommendation to eliminate Parcel 4. Councilman Bond agreed with Councilwoman Billig's comments. Councilman Jorgensen felt this was a poor development and he could not support the Planning Commission recommendation. He felt the Parcel 4 must be done and he would like to see how it was planned for development and use. Ken Bruce, Senior Planner, stated that if the Council wished to proceed that Condition No. 9 for the subdivision should be amended to read as follows: "Subdivider shall install fire wall protection on existing structures on Parcel 3 located less than three feet from new lot line between Parcels 2 and 3" or revise the final map to show a revised lot line between Parcels 2 and 3 and install fire wall protection on existing structure on Parcel 2, all to the satisfaction to the Chief Building Inspector. This condition should be met prior to the final map approval. Also that Condition No. 10 should be added "Final map should show.proposed Parcel 4 eliminated and combined with Parcels 2 and 3 to the satisfaction of the Community Development Director. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Resolution No. 3970 (1979 Series), was introduced: A resolution of the Council of the City of San Luis Obispo granting approval of-tentative Minor Subdivision No. 79 -069 located at 1575, 1585 and 1625 Calle Joaquin as amended by Council. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper ' NOES: None ABSENT: None 7. The City Council considered a request from Christopher Cohan, President of Sonic Cable TV to enter into an agreement with the city for a site suitable to install a dish for an earth station receiving terminal on City property (continued from 8/7/79). Henry Engen, Community Development Director, reported that the Planning Commission had granted a use permit subject to the approval of an agreement by the City. Mayor Cooper stated that the agreement should be amended to include a review of the lease payments each three years for an increase in cost of living, inflation, etc. On motion of Mayor Cooper, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3971 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Sonic Cable TV for location of TV signal receiving site at the Wastewater Treatment Plant. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Dunin, Billig, Bond and Jorgensen NOES: None ABSENT: None 8. The City Council considered the revised draft of Condominium Regulations as revised by city staff. Glen Matteson, Assistant Planner, stated that when the Council last considered the proposed regulations on August 23, 1979, it had agreed to several revisions to the draft before it and asked for work on the criteria for evaluating competing City Council Minutes October 2, 1979 - 7:30 p.m. Page 8 conversion proposals. Specifically, they wanted the criteria to be reviewed by private developers and consultants and then review these items with the City Council. The Council should tentatively resolve their remaining issues and set a date for public hearing on the ordinance. The regulations should be adopted in time to take effect before the urgency moratorium expired in mid - December. He then reviewed the major points in the revised draft: 1) Thermal and noise insulation standards have been noted as the exception to the general requirement that projects conform to the building codes in effect when the structures were built. 2) Applications would be distinct from tract maps, so an applicant would have a basic determination by the city on his proposed conversion before investing in map preparation. 3) The decision period for the Planning Commission had been retained at one month, while the decision period for the Council has been shortened to one month. 4) No provision had been included to allow carry -over or following -year top priority of an applicant's conversion potential. 5) No specific wording had been included to prevent one project which was ranked the highest from using an entire year's conversion potential. He also stated he had sent out a list of 11 possible criteria for ranking conversion proposals. It was sent, along with a letter requesting comments, to three local planning /development consultants, local organizations repre- senting realtors, architects and planners, and one individual who had shown continued interest in the conversion regulations. Only one comment was received prior to the Council meeting. He stated he had rewritten the section of the regulations establishing criteria in line with the last Council discussion and staff's best judgment. He continued that all issues came up in staff discussion following the last Council meeting as to what would happen at the ' end of the application filing period, the number of units proposed to be converted as well as the maximum for that year. Would there be an extended filing period. He felt the City Council should endorse one of the following approaches to this situation: 1) Leave the filing period closed. Conversion proponents wanting approval during that year would have to wait until the next annual round. 2) Provide for an extended filing period, perhaps another two months, in which case those already on file would have to wait longer. 3) Provide for a second, distinct filing period, perhaps June through July, in which the unused potential could be opened to other applicants. George Thacher, City Attorney, stated that there were several items involving condominium conversions which were now before the State Legislature, some on the Governor's desk for signature having passed through the legislative process and a number of them dealing with "Stock cooperatives ". He felt these should be included or some reference made in the ordinance to cover this possibility. Councilman Jorgensen suggested that as far as number 4 was concerned in the staff's recommendations, that no provisions be included to allow carry- over from one year to the next, that the conversion schedule should be adhered to on an annual basis. Councilman Jorgensen's suggestion was approved by common consent of the Council. Also, the City Council agreed that the building codes in effect at the time of the applicant's request for conversions were the ones that applied to the conversion. On motion of Councilman Jorgensen, seconded by Councilman Bond, that the city staff rewrite the final version of the city ordinance for condominium conversions and place it on the next Council agenda for review and then set it for public hearing on November 6, 1979. Motion carried, all ayes. City Council Minutes October 2, 1979 - 7:30 p.m. Page 9 9. The City Council then considered extending an agreement between the City and Bobby Kober for operation of the golf course concession through March 31, 1980 and also the consideration of an agreement with the city for extension of his golf course professional agreement through March 31, 1980 for operation of the Laguna Lake Golf Course. On motion of Mayor Cooper, seconded by Councilwoman Billig, Resolution No. 3972 (1979 Series) was introduced: a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Bobby Kober for operation of the golf course concession through March 31, 1980. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Billig, Bond, Dunin and Jorgensen NOES: None ABSENT: None On motion of Mayor Cooper, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3973 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Bobby Kober for extension of golf professional agreement through March 31, 1980. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Billig, Bond., Dunin and Jorgensen NOES: None ABSENT: None ' The City Council directed the City Clerk to place the entire matter of the golf course operation at Laguna Lake on the next study session agenda for Council review and discussion. 10. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 3974 (1979 Series), a resolution of the Council of the City of San Luis Obispo establishing fees for planning services. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper ABSENT: None 11. The City Council considered a request of the Public Services Director to amend the water service regulations ordinance to clarify and strengthen the provisions of "Private Pump Systems ". D.F. Romero, Public Services Director, stated that the City had recently received several claims of failure of private pumping systems and also some customer dissatisfaction because of low or negative pressure in the city lines. He felt that the wording in the current ordinance protected the city where the cause of low water pressure was beyond city control but they would like to strengthen it. Therefore, they suggested that two additions be made to the ordinance: 1) under definitions "Pumping Equipment" was described as any equipment attached to a water service and installed on private property for the purpose of increasing water pressure to that property. 2) who has respon- sibility for the equipment. In private pumping equipment, the Utilities Division must approve the installation operation of all pumping equipment before water service would be provided. Any pumping facility that was not incorporated in automatic shut -off control would positively prevent motor burn-out during periods of low or negative pressure would not be approved. He urged that the City Council approve this amendment to the ordinance in order to protect the City and put the public more on notice as to their responsibilities. City Council Minutes October 2, 1979 - 7:30 p.m. Page 10 The City Council discussed the proposed amendment to the water service ordinance and the overall philosphy of allowing this type of installation where separate pumping systems were needed. The matter was continued to October 16, 1979 for rewording of the two sections in order to include a provision for Council approval of any pumping systems. 12. D.F. Romero, Public Services Director, presented for Council consider- ' ation, an agreement between the City and Pacific Telephone to install public telephones at a number of locations on City property. After installation, the city would receive a percentage of the revenue to the particular telephone booth. The telephone company was proposing ten telephone units at seven different loca- tions in the city, including one in the Mission Plaza area. The City Council discussed with staff the type of telephone hardware that was anticpated to be used in these various areas such as the configuration of the booth, color, type of signing, etc. The matter was continued to October 16, 1979 in order to give the City Council an opportunity to view the type of hardware to be used for final decision. 13. On motion of Councilman Bond, seconded by Mayor Cooper, plans and specifications for the "SOUTH HIGUERA STREET WIDENING ", City Plan No. D -15, bid estimate $18,000.00 and plans and specifications for "CALIFORNIA BLVD. PAVE -OUT ", City Plan No. D -05, bid estimate $7,900.00 were approved and staff authorized to call for bids. Motion carried, all ayes. 14. On motion of Councilman Bond, seconded by Councilman Dunin, plans and specifications for the " HIGUERA AND SANTA ROSA STREET TRAFFIC SIGNALS ", City Plan No. C -07, bid estimate $18,645.00 be approved and staff be authorized to call for bids. Motion carried. CONSENT ITEMS C -1 On motion of Councilman Dunin, seconded by Councilman Jorgensen, claims ' against the City for the month of October, 1979 were approved subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Dunin, seconded by Councilman Jorgensen, minutes of the following Council meetings were approved as amended: August 7, 1979 - 7:30 p.m., August 14, 1979 - 7:30 p.m., August 20, 1979 - 12:10 p.m., August 21, 1979 - 4:00 p.m. and September 11, 1979 - 7:30 p.m. Motion carried. C -3 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following contract pay estimates and change orders were approved and ordered paid: C. Boyd Construction, Inc. Est. 413 $31,072.49 DRAINAGE CHANNEL LINING City Plan No. C -20 Conco Engineering, Inc. Est. 412 $73,508.67 MARSH STREET STORM DRAIN City Plan No. B -22 Conco Engineering, Inc. Est. 413 $ 4,786.38 MISSION PLAZA ARBOR Est. 414 FINAL 2,759.10 (11/5/79) City Plan No. C -29 Hi -Way Contractors, Inc. Est. 412 $259039.28 SINSHEIMER PARKING LOT, PHASE I Est. 413 FINAL 3,820.63 (11/5/79) City Plan No. C -22 Fred Julien & Associates Est. 411 $ 6,146.64 WOODBRIDGE STREET WATER LINE Est. 412 FINAL 682.96 (11/5/79) City Plan No. C -33 Karleskint & Crum Est. 412 $ 7,164.90 EXPOSITION PARK, IRRIGATION AND TURF, PHASE I City Plan No. C -21 i Charles A. Pratt Const. Co. WATER FILTRATION PLANT NO. 2 MODIFICATION City Plan No. B -09 Motion carried. City Council Minutes October 2, 1999 - 7:30 p.m. Page 11 Est. #4 Est. #1 Est. #1 Est. #2 FINAL $43,470.00 $ 4,510.08 $ 8,370.00 930.00 (11/5/79) C -4 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3975 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Minor Subdivision No. SLO 79 -002 located at 275 and 279 Buena Vista Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None C -5 On motion of Councilman Bond, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3976 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative map for Tract 843 located at 528 Hathaway Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None C -6 Request from Gann Investments regarding Council's intent for land- scaping improvement design for Tract No. 781, Exposition Park Unit III, was continued for study by the City Council. C -7 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3977 (1979 Series, a resolution of the Council of the City of San Luis Obispo accepting the off -site improvements of Tract 500 located at 1337 Southwood Drive. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None C -8 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3978 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the off -site improvements of Tract 668, Villa d'Laurel. Passed and adopted on.the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None Smee's Plumbing CREEK OBSTRUCTION REMOVAL WATER PIPELINES City Plan No. B -51 Wallace & Tiernan CATHODIC PROTECTION City Plan No. C -26 Motion carried. City Council Minutes October 2, 1999 - 7:30 p.m. Page 11 Est. #4 Est. #1 Est. #1 Est. #2 FINAL $43,470.00 $ 4,510.08 $ 8,370.00 930.00 (11/5/79) C -4 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3975 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Minor Subdivision No. SLO 79 -002 located at 275 and 279 Buena Vista Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None C -5 On motion of Councilman Bond, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3976 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative map for Tract 843 located at 528 Hathaway Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None C -6 Request from Gann Investments regarding Council's intent for land- scaping improvement design for Tract No. 781, Exposition Park Unit III, was continued for study by the City Council. C -7 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3977 (1979 Series, a resolution of the Council of the City of San Luis Obispo accepting the off -site improvements of Tract 500 located at 1337 Southwood Drive. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None C -8 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3978 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the off -site improvements of Tract 668, Villa d'Laurel. Passed and adopted on.the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None City Council Minutes October 2, 1979 - 7:30 p.m. Page 12 C -9 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3979 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting a portion of the off -site improvements of Tract 736, Exposition Park Unit II. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None C -10 On motion of Councilman Bond, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3980 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the off -site improvements.of Minor Subdivision No. 76 -513 at the intersection of Rubio Lane and Royal Way. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None C -11 The Planning Commission submitted a report recommending that the time for filing the final map for Tract No. 683, a 104 residential lot subdivision on Los Osos Valley Road between Descanso Street and the westerly city limits be extended 12 months to September 5, 1980. After discussion by the Council, on motion of ' Councilman Jorgensen, seconded , by Mayor Cooper, the following resolution was introduced: Resolution No. 3981 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting 9 months additional time to file the final map for Tract No. 683. Passed and adopted on the following roll call vote: AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None C -12 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3982 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Cal Trans to interconnect traffic signals on Santa Rosa Street between Walnut and Murray Streets. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None C -13 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3983 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Hospice of San Luis Obispo County, Inc. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None City Council Minutes October 2, 1979 - 7:30 p.m. Page 13 C -14 On motion of Councilman Bond, seconded by Councilman Jorgensen, the claim against the City by Lydia Paneria in the amount of $395.48 to cover medical expenses and other costs not yet determined involved in an accident on the 400 block of Pismo Street was denied. Motion.carried. C -15 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the claim against the City by Pauline B. Sauer in the amount of $2,244.78 ' for damages to the plumbing in her building due to alleged hydraulic hammer resulting from defective fire hydrant was denied. Motin carried. C -16 On motion of Councilman Dunin, seconded by Councilman Jorgensen, by Phoebe Watson in the amount of $42.62 for plumbing services to clear stopped up sewer line alleged the fault of the City was denied. Motion carried. Special Note: The City Council asked the Administrative Officer to come up with a program that would insure that all conditions of development had been met prior to asking the City Council to accept the public improvements. This program to include not only the off -site and on -site public improvements but to include all conditions of the development and /or use permits such as landscaping, signing, etc. There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 11:20 p.m. to October 9, 1979 at 7:30 p.m. Minutes approved by Council:_ S 11/6/79 �• Fitzpatrick, City Clerk ---------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY - COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 9, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Jeff Jorgensen, and Vice Mayor Dunin ABSENT: Mayor Lynn R. Cooper City Staff PRESENT: Leland Walton, City Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Jim Stockton, Director of Parks and Recreation; Dave Romero, Public Services Director. ---- ----- --- ----- ---------- Vice-Mayor-Ron-Dunin-presiding. 1. The City Council reported on activities of the various standing Council Subcommittees. A. Area Council of Governments Councilwoman Billig B. C.C.C.J.C. Councilman Bond C. County Water Advisory Board Councilman Jorgensen D. Whale Rock Commission Mayor Cooper (absent) E. Zone 9 Advisory Committee Councilman Dunin