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