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HomeMy WebLinkAbout10/16/1979City Council Minutes October 16, 1979 - 4:00 p.m. Page 2 By common consent of the council, Councilman Jorgensen was authorized to set up a meeting for this purpose. B. Councilwoman Billig stated that she had been receiving a number of calls dealing with problems in the mobilehome parks and realized that there had been no time for the council to consider data at this time, but she hoped the council could set up a study session in the near future to discuss this most important and apparently volatile issue. She felt it involved a great number of people in the community and the council should be aware of the problems The City Council concurred and set 7:00 p.m., Tuesday, October 30, 1979, as ` a study session.to discuss the mobilehome park problems. 1. At this time the City Council held a public hearing to consider establishing a moratorium on the conversion of downtown housing units to non - residential uses. Terry Sanville, Senior Planner, reported that the City Council, upon comple- tion of their review of the Downtown Goals Statement, supported the staff's recommendation for dealing with the issue of downtown housing conversions. The council directed the attorney to prepare a moratorium ordinance for the council's approval. They afforded a draft ordinance which would establish a moratorium on conversions for one year, although, the ordinance could be rescinded at any time by a majority action of the City Council. It would not have to be renewed before the one -year period was over. He continued that today one of the downtown hotels, the Granada Hotel, had applied for a conversion to eliminate the hotel operation and convert to another use. He stated that possibly the City Council might wish to consider an urgency ordinance which would go into effect immediately and would not allow this conversion to take place. He stated that the original ordinance presented for council consideration would not go into effect until 30 days after its final adoption which would be November 6, 1979, and the urgency ordinance would go into effect immediately. , Mayor Cooper declared the public hearing open. Jonathan Lindenthaler, architect representing the Granada Hotel owners, spoke in opposition to adopting the moratorium ordinance. He did not feel there was a problem in downtown. He also objected to the fact that effected property owners were not notified of the council's intention to take away their rights to use their property. He also did not feel that the City Council or staff had any idea of what was happening in the residential properties in downtown San Luis Obispo and that the Granada Hotel's vacancy factor varied from 20 to 50 percent per month. He felt that this is the type of information the City Council should get before adopting urgency ordinances. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he was opposed to urgency ordinances in principle, he did not feel there was an emergency. He felt there has always been a need for housing downtown and it is not now at an emergency state. He would not vote for the emergency ordinance, although, he would vote for a moratorium without those provisions. He also felt that a shorter period than one year, say six months, for the planning staff to do their work. Councilwoman Billig stated she would support the emergency ordinance due to the need brought out at this hearing and from the hearings of the Housing Element of the General Plan. She felt there was an emergency for this area. , Councilman Jorgensen stated he too would support the emergency ordinance. He felt the issue was an emergency item and the council should adopt the emergency provisions, although, he too would agree to shortening the time period from one year to six months. Councilman Bond stated he would support the ordinance to adopt a moratorium to protect the residents in the downtown area until the city has had an opportunity to come up with an alternative plan. City Council Minutes October 16, 1979 - 4:00 p.m. Page 3 Mayor Cooper stated he too agreed with the moratorium provisions of the ordinance, but felt a shorter period would be better. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following ordinance was introduced: Ordinance No. 821 (1979 Series), an interim urgency ordinance of the City of San Luis Obispo establishing a moratorium on the conversion of housing in the downtown area. Introduced and finally passed on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, and Mayor Cooper NOES: Councilman Dunin ABSENT: None The City Clerk was directed to bring this matter back for the council's attention in six months. 2. At this time the City Council was to consider the final draft of the Downtown Goals Statement. Terry Sanville, Senior Planner, stated that at the October 1, 1979, meeting, the City Council completed their review of the Goals Statement and made several changes to the report. They have now made the corrections to those statements and ask the City Council to now proceed and adopt the Goals Statement and direct the staff to undertake the additional actions pertinent to the downtown area. He then reviewed the individual changes made to the text as recommended by the City Council. Lee Walton, City Administrative Officer, stated that under the staff's programs which would be approved by this resolution, under paragraph 4.A. ' that the sentence reading, "The staff should hire a consultant to assist in completing this task." dealing with the community center plan. The administrative officer felt this would be premature to get into hiring a consultant until other factors dealing with the community center plan had been approved. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3986 (1979 Series), a resolution of the Council of the City of San Luis Obispo adopting a Downtown Goals Statement and directing the staff to undertake additional downtown planning programs as amended in Section 4 Paragraph A. Councilman Dunin offered an amendment to Page 15, Paragraph 3, which reads, "Business should provide their own on -site parking spaces, provide conveniently located off -site parking or pay the city to build public parking lots in the area." He stated that it should read, "Business should provide their own on -site parking spaces, provide conveniently located off -site parking, or pay the city in -lieu fees to build public parking lots in the area." Motion lost for lack of a second. Councilman Dunin offered an amendment to Page 15, Paragraph 2, to drop the last line which reads, "For the immediate future, existing car lots should not be expanded and no new ones developed." I Motion lost for lack of a second. Resolution No. 3986 as amended was adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, and Mayor Cooper NOES: Councilman Dunin ABSENT: None 3. At this time the City Council again considered amending the water service regulations to clarify and strengthen the provisions of the "Private Pump Systems" (continued from October 2, 1979). City Council Minutes October 16, 1979 - 4:00 p.m. Page 4 D.F. Romero, Public Services Director, stated that at the request of the City Council, Section 7410.18, Paragraph C, would be amended as follows: "Private Pumping Equipment: The Utilities Division must approve the instal- lation and operation of all private pumping equipment before city water service will be provided. Any pumping facility that does not incorporate an automatic shut -off control that will positively prevent motor burn out during periods of low or negative pressure will not be approved. This section shall not be construed to excuse the obtaining of appropriate City Council, and other, approvals necessary to permit (1) city water, and (2) installation and oper- ation of private pumping equipment. On motion of Councilman Jorgensen, seconded by Councilman Dunin, Ordinance No. 822 (1979 Series), an ordinance of the City of San Luis Obispo amending private pump system requirements as stated in Municipal Code Article VII, Chapter 4, Sections 7410.1 and 7410.18. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None 4. At this time the City Council considered an agreement between the city and Pacific Telephone and Telegraph Company to install public telephones in a number of locations on city property. This matter was continued from the October 2, 1979 meeting. D.F. Romero, Public Serivices Director, stated that as requested by the City Council, he met with representatives of the telephone company regarding precise location of additional public telephones in the Mission Plaza area. After viewing the site again, it was their joint recommendation that the site near the Warden Bridge originally recommended represented the best compromise. The existing phone installation near the corner of Monterey and Broad, adjacent to the restrooms, are somewhat remote from the central activities which occur in the front of the Mission and near the Warden Bridge. The public simply does not see the phone. An alternate location would be near the intersection of Chorro and Monterey, although the public is served by existing public telephone installations at Muzio's and at the Chamber of Commerce. Both Mr. Romero and the telephone representative felt the site near the Warden Bridge was more centrally located than any of the others, is easily served by both power and phone lines, is near a trash container, bench, and high traffic area - -but was still somewhat screened by a large tree. It was their recommendation that the council approve this location for the phone installation. The telephone company also submitted brochures of the various telephone booths for council consideration. The booth submitted at the October 2 council meeting was available in anodized bronze and is less intrusive than other submittals. It was Mr. Romero's recommendation that the council approve the phone booth previously submitted, with the provision that it be of anodized bronzed aluminum. Martha Pees, Pacific Telephone and Telegraph respresentative, spoke in support of their recommended phone location in the Mission Plaza at the Warden Bridge. She felt the proposed location was the best to serve the public using the Mission Plaza. Even the alternative on Chorro Street was better than the present location by the restroom at the end of Broad Street. Also, she explained that the existing unit does not meet handicapped recom- mendations. Councilman Dunin stated he had no comments on the recommendation. . 1 J 1 1 City Council Minutes October 16, 1979 - 4:00 p.m. Page 5 Concilwoman Billig stated she approved all the recommendations except for the addition of phones in the Mission Plaza. Councilman Jorgensen stated he would support all the recommendations and accept Lee Walton's recommendation on the Mission Plaza location. Councilman Bond agreed that the existing phones should be made to comply ' with the handicapped requirements but he would not accept the recommendation of the telephone company at the Warden Bridge. Lee Walton, Administrative Officer, stated he felt the phone should be on the periphery of Mission Plaza, not in the center of the activity area. On motion of Mayor Cooper, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3987 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Pacific Telephone as amended adding no phones in the Mission Plaza. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Billig, Bond, Dunin, and Jorgensen NOES: None ABSENT: None 5. At this time the City Council adopted Resolution No. 3988 (1979 Series), a resolution of the Council of the City of San Luis Obispo stating its intention to grant a franchise for a consolidated alarm forwarding system (Sylvester's Security Alarm Systems). Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: None 6. Henry Engen, Community Development Director, stated that the present grading ordinance does not permit exceptions without entailing awkward proce- dures. Also, the ordinance requires all grading in advance of project approval to be brought first to the City Council which does not appear necessary with appropriate conditions. He recommended that the grading ordinance be amended as follows: 1. Permit exceptions by the City Council for the amount of grading permitted. This gets around the present convoluted situation wherein they tech- nically have to deny a project and then have an applicant appeal that denial in order to provide the council with the opportunity to make reasonable exceptions to the letter of the grading ordinance. 2. Permit the Community Development Department to approve grading projects in advance of final plan approval. At present, the staff has to bring any projects where the developer wants to initiate grading in advance of final plan acceptance to the City Council for approval. The council has routinely approved these requests, subject to specific conditions suggested by staff. The proposed amendment would incorporate these standard conditions as part of the ordinance and delegate this deter- mination to the Community Development Department. Henry Engen recommenced that the council pass to print the ordinance which would (1) enable exceptions upon specific findings, and (2) allow grading in advance of final plan approval, subject to specific conditions. Councilman Jorgensen stated he was opposed to allowing any grading prior to the final map approval. He felt it was extremely dangerous as the grading City - Council Minutes October 16, 1979 - 4:00 p.m. Page 6 could be done and the final map never filed. He felt that that proposal also presented many problems to both the council and staff and he could not support those conditions. Councilman Bond stated he had no comment. Henry Engen felt he and the staff could see that there are problems but he would be willing to take those on a one -at -a -time basis. ' Councilman Dunin stated he had no comment. Councilwoman Billig stated she could not support the proposed amendment. She felt it was dangerous without the filing of the final map and the necessary bonds guaranteeing completion. Mayor Cooper stated he felt he could support the proposal as he felt the Community Development Staff was competent to approve grading matters without the necessity of the council second guessing the approval. Councilman Jorgensen then questioned the Community Development Department regarding Section 9413 - Design Standards, Paragraph 2 - Exceptions. He felt there was no criteria listed on which the City Council could grant exceptions. He felt this should be listed so the developers and the City Council knew what to expect. After some discussion, the matter was continued to November 6, 1979, Council Meeting for alternate wording as requested by Councilman Jorgensen. 7. At this time the City Council considered the tentative map for Tract No. 827, Woodglen Park, located at 2800 Johnson Avenue, R -1 zone, Jonathan Lindenthaler, subdivider. Councilman Dunin left the meeting due to a possible conflict of interest. ' Henry Engen, Community Development Director, submitted the recommendation of the Planning Commission on the proposal for the tentative map to create a 14 -lot residential subdivision on 3.3 acres on the northeast side of Johnson Avenue, south of Sidney Street. He continued that the Planning Commission, on a 4 -0 vote, recommended the council adopt the resolution approving the tentative map for Tract No. 827, with a negative declaration on environmental impact, and subject to eight findings, three exceptions, and ten conditions. He listed the exceptions for the council as follows: 1. Lot 6: 87' average depth where 150' is normally required. 2. Lot 7: 101' average depth where 150' is normally required. 3. Lot 11: 20' frontage where 60' is normally required. George Thacher, City Attorney, reviewed his memorandum opinion no. 79 -44, dealing with required lot area for Tract No. 827, Woodglen Park. Mayor Cooper opened the hearing to the public. Jonathan Lindenthaler, architect /developer, stated that he accepted all the conditions and recommendations of the Planning Commission. He stated the Planning Commission followed the ordinance on grading and he was opposed to the staff's attempt to change the Planning Commission's conditions after it had already been approved. The developer, City Council, and staff discussed possible alternatives to the grading problems involved in this project, particularly with lots 10, 11, 12, 13, and 14. Wayne Peterson, City Engineer, suggested that the lot depth on lots 10, 13, and 14 be reduced to 100' which would allow less grading on lots 11 and 12 to 15 percent with the front to be 10 percent or less. City Council Minutes October 16, 1979 - 4:00 p.m. Page 7 Lee Walton, City Administrative Officer, recommended that lots 9 through 14 be graded to allow slopes of 10 percent or less and cut banks not to exceed three feet on the street frontage. After discussion, the City Council accepted the CAO's recommendations, and on motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced as amended: Resolution No. 3989 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative tract no. 827 located at 2800 Johnson Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: Councilman Dunin Councilman Dunin took his place at the council desk. 8. At this time the City Council considered a request from James Wilson and Mary Seifert to present their juggling act on the sidewalks of San Luis Obispo and to "pass the hat ". L. Walton, C.A.O., recommended that the City Council deny the request due to the narrow sidewalks and congestion in the downtown streets, although, he felt this particular thing would add a little sparkle to the Mission Plaza area and he suggested the matter be referred to the Mission Plaza Coordinator to see if it could be worked out on a trial basis. Councilman Dunin stated he supported the recommendations of the Administrative Officer to juggle in Mission Plaza and also during parades or other community celebrations, but he did not wish them to set up on the sidewalks. He agreed that it should be coordinated with the Mission Plaza Coordinator. Councilwoman Billig agreed with Councilman Dunin's comments. Councilman Jorgensen agreed with the recommendations to refer this matter to the Mission Plaza Coordinator. Councilman Bond stated he had no objection to the proposal. Councilman Dunin stated he also did not like the idea of "passing the hat ". The matter was approved by consensus of the City Council and was referred to the City Administrator to work out the details. 9. At this time the City Council received a request from ABBL Builders to lease from the city the annex next to parking lot 6 during construction of a theatre at the site of the former Obispo Theatre to store material and equipment and to keep the street clear. D.F. Romero, Public Services Director, reviewed the proposed rental agreement which would be effective January 1, 1980. The contractor would pay the sum of $25 per month per space for use of the facility, the 18 spaces would amount to $450 per month. The contractor would repair all facilities in the annex at the conclusion of their use and the company should indemnify and hold harmless the city from all claims and demands against the city. The City Council discussed the proposal and felt that due to the Christmas season, the lease should not be effective until January 5, the rental should be increased to $600 per month, and the contractor should file a certificate of insurance indemnifying the city as is done with every other lease and contract. Brenda Cooper, representing ABBL, felt that nine months would be more than enough time and all the conditions as amended by the council were approved by her. City Council Minutes October 16, 1979 - 4:00 p.m. Page 8 On motion of Councilman Jorgensen, seconded by Mayor Cooper, the following resolution was introduced: Resolution No. 3990 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and ABBL Builders as amended by the City Council. Passed and adopted on the following roll call vote: AYES: Councilmember Jorgensen, Mayor Cooper, Councilmembers Billig, Bond, and Dunin NOES: None ABSENT: None E -1. Roger Neuman, City Police Chief, brought to the council's attention, a resolution encouraging the development of regional planning districts under the LEAA program. Rather than have the funds from the federal government be disbursed from the state capitol, have it sent out to the various planning districts which consists of cities and counties joining together to solve their law enforcement problems. On motion of Councilman Bond, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3998 (1979 Series), a resolution of the Council of the City of San Luis Obispo encouraging the continued develop- ment of regional planning districts for disbursement of LEAA funds. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Jorgensen, and Mayor Cooper NOES: None ABSENT: None CONSENT ITEMS C -1. On motion of Councilman Dunin, seconded by Councilman Jorgensen, claims against the city for the month of October were approved and ordered paid 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 21, 1979 - 7:30 p.m. September 4, 1979 - 4:00 p.m. September 4, 1979 - 7:30 p.m. Motion carried. September 17, 1979 - 12:20 p.m. September 18, 1979 - 4:00 p.m. C -3. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3991 (1979 Series), a resolution establishing salary ranges for employee classifications, specifying methods of advancement and superseding previous salary resolutions in conflict. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None C -4. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the draft ordinance on condominium conversion regulations, as revised following decisions by City Council, was approved and ordered set for public hearing on November 6, 1979. Motion carried. 1 1 �L1 City Council Minutes October 16, 1979 - 4:00 p.m. Page 9 C -5. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following ordinance was introduced and passed to print: Ordinance No. 823 (1979 Series), an ordinance of the City of San Luis Obipso amending special speed zones on South Higuera Street (45 miles per hour from the present 55 miles per hour.) Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None C -6. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3992 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of a tentative map for Minor Subdivision No. 79 -201, located at 3424 and 3432 Roberto Court, Henrik N. Nielsen, property owner. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None C -7. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3993 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative map for minor subdivision 79 -203, located at 1443 and 1445 Marsh ' Street (T. Patterson). 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. 3994 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Engineering Science, Inc. (study for a hydroelectric powerplant). Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None C -9. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3995 (1979 Series), a I resolution of the Council of the City of San Luis Obispo amending the Joint Powers Agreement for the Monterey Bay Area Regional Training Center by including a State Personnel Board. 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 16, 1979 - 4:00 p.m. Page 10 C -10. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3996 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Merriam, Deasey & Whisenant, Inc. for professional architectural services for the Jack House. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper NOES: None ABSENT: None C -11. Council consideration of the rules and bylaws for the operation of the Construction Board of Appeals was continued for additional information as to who is on the committee, the purpose of the committee, and how it was estab- lished. This information to be returned at the November 6, 1979 Council Meeting. C -12. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3997 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting additional time to file the final map for minor subdivision no. 78 -131, 1260 Ella Street, Priest, Richmond, Rossi & Montgomery, subdivider. 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 Traffic Engineer's Report for the period May 31, 1979 through September 28, 1979, was ordered received and filed. Motion carried. ft- IMUNG&I B -1. The City Clerk reported on the following bids received for proposal for Pool Cover and Reel, bids opened Tuesday, October 9, 1979 at 10:00 a.m. Engineer's Estimate: $10,000.00 Recreonics Corp. $ 6,698.76 1635 Expo Lane Indianapolis, IN 46224 Lincoln Equipment Inc. $10,790.60 182 Viking Avenue Brea, CA 92621 Coastal Pool Center $10,900.00 265 -A Pacific Street San Luis Obispo, CA 93401 D.F. Romero, Public Services Director, recommended that the bid of Lincoln Equipment Inc. in the amount of $10,790.60 be accepted which included both the cover and storage reels. He stated the low bid of Recreonics Corp. should be rejected as it does not meet the city specifications as it is a cover of a cheaper and less durable fabric than that specified. On motion of Councilman Jorgensen, seconded by Councilman Bond, that the bid be awarded to Lincoln Equipment Inc. and the staff be authorized to issue the proper purchase order. Motion carried. City Council Minutes October 16, 1979 - 4:00 p.m. Page 11 B -2. The City Clerk reported on bids received for proposals for a Turf Mower with Hydraulic Powered Reels and Gang Lift, bids opened Tuesday, October 9, 1979, at 10:30 a.m. Engineer's Estimate: $26,000.00 S & H Manufacturing Co. $20,670.00 1345 North Dynamics St., Unit A Anaheim, CA 92806 B. Hayman Co. Inc. $26,887.11 9525 Sorensen Avenue Santa Fe Springs, CA 96070 Toro Pacific Distributing $342153.20 16212 South Broadway Gardena, CA 92048 D.F. Romero, Public Services Director, stated that the low bid of S & H Manufacturing Co. does not meet the city specifications as it is a rotary mower and not a reel mower. He, therefore, recommended that the next lower bid of B. Hayman Co. Inc., including the Perkins engine which is diesel, be accepted in the amount of $26,887.11 On motion of Councilman Bond, seconded by Councilwoman Billig, that the bid be awarded to B. Hayman Co. Inc. and that the staff be authorized to issue the proper purchase order. There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 6:20 p.m. to 7:30 p.m., this date. ' APPROVED BY COUNCIL ON: 11/20/79 r--F ✓f✓ __ ____ itzpatrick, City Clerk ---------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 16, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Roll Call Councilmembers PRESENT: Melanie Bi11ig, Alan Bond, Ron Dunin, Jeff Jorgensen, and Mayor Lynn R. Cooper ABSENT: None City Staff PRESENT: City Plannin PRESENT: Lee Walton, City Administrative Officer; J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police Chief. Commission Mike DeNeve, Allen Settle, Charles Andrews, Sylvia Drucker, Sidney Findley, Richard Breska. City Council Minutes October 16, 1979 - 7:30 p.m. Page 2 Mayor Cooper explained that the purpose of tonights meeting was an attempt to receive input from the public regarding the operation and service provided by the Community Development Department of the city. He stated that this was the second meeting in the series on this subject, the first meeting being between the Planning Commission and the City Council and tonights meeting would be in the form of a town hall presentation with no particular discourse except for questions by the council and Planning Commission if they feel it necessary. Under those rules, Mayor Cooper declared the public hearing open. Mel Hahn, Jr., Ed's Take Out, presented for the City Council and Planning Commission the trials he was put through by the planning department when he attempted to improve and remodel his take out business which started in mid 1977 through September 1979. He wished the council to understand that his complaints of bad treatment did not involve the building department who were cooperative and helpful throughout the entire ordeal. Frank Richards, representing the Phoenix Company, developers of structures at 670 Higuera Street, reviewed three major problems that his firm had with the Community Development Department in attempting to develop their property. Vic Montgomery, civil engineer, reviewed, with the City Council, the problems faced by persons dealing with the Community Development Department on a day to day basis. It was his feeling that the major problem seems to be the unwritten policy that the City Council, Planning Commission, and planning staff use when working on various projects. He then gave examples of some of the most frustrating experiences that he has had with the Community Development Department, Planning Commission, and City Council. Jonathan Lindenthaler, architect, stated that he concurred with the general comments made by Mr. Montgomery on problems in dealing with the Community Development Department, which due to unwritten rules or policies of the past, ' make it almost impossible for a person to keep up with the rulings. He felt it was unfair to grant an individual permit and then have the city change the approval and redesign the property after the project is started. He felt that as he sees the problem in San Luis Obispo, each board, commission,staff, and council, wish to have the final say on each development. He felt the A.R.C., Planning Commission, staff, and City Council are suspicious of each other and do not trust their motives. Howard Stafford, representing Daniels & Bovee, Santa Barbara and Railroad Avenue, presented the problems he faced in building his new development and the number of problems he faced in trying to complete the building and to rent a portion of the building to another service related business. He felt the staff was insensitive to the property owners problems as they kept changing the rules for completion. He felt their decisions, in most cases, were arbitrary and without basis. Andrew Merriam, architect /planner, supported the comments of Vic Montgomery in deliniating the problems faced by professionals in attempting to work in San Luis Obispo. He felt the staff uses every condition to delay the comple- tion of all projects. If this is the policy of the city, then he felt it should be put in writing so the professionals could then tell their clients that time is double of what the ordinance really says. In other words, the commission and council should demand that their staff, not only planning, be honest and up front with the people of the community. He concluded by saying that he hoped the council would clear up the adversary position that seems to permeate the entire Community Development Department. Robert Stern, county resident and developer outside the county of San Luis Obispo, felt the complaints presented so far were from non - developing professionals who did not understand the rules of the game. He felt the planning staff should be adversaries to the development community and should not be subsidized by the public. Janie Allan, planning consultant to the League of Women Voters, stated that the League of Women Voters wholeheartedly support the planning staff in the actual information submitted to the Planning Commission. City Council Minutes October 16, 1979 - 7:30 p.m. Page 3 Mayor Cooper declared a recess at 9:00 p.m. At 9:15 p.m. the meeting reconvened with all councilmembers present. Joe Rarakis, planning instructor at Cal Poly, felt the muzzling of the staff by the Planning Commission was the wrong way to solve the planning decisions of the city. He felt the planning staff were the professionals who should make the planning calls and not the Planning Commission, who, after all, are only simple citizens with no planning expertise. His answer was to hire more professionals, spend more money, and let them do the job. He -also felt that many of the city's laws and ordinances are antiquated and out of date which makes for many more problems. Dottie Conner did not feel that the planning staff is to blame. She felt that many of the problems listed that evening were caused by out of date ordinances, policies, etc. Charles Long, San Luis Obispo Motel Association, reviewed for the council the problems encountered by himself and his members with the staff over interpre- tation of the provisions of the various sign ordinances. He gave examples of provisions in the ordinance in which the staff would not agree. Russ Johnson reviewed instances that he felt where the planning and development department had treated citizens in a very poor manner, and if questioned, they seem to take offense and take it out on the individual's project. LaVerne Schneider felt that if the City Council and Planning Commission would demand the completion of the zoning ordinance and subdivision ordinance, many of the problems brought out that evening would then clear up. Don Smith stated that he felt the city is very beautiful. He felt that one of the major issues in the city was the fact that laws, once adopted, are never enforced. He felt that if the council ordered the staff to enforce the city laws, things would be better. If the ordinances are unenforced, then they should be amended and reviewed and then enforced. He felt the subdivision and zoning ordinances are only enforced by whim. Farner Batcleous felt that all city laws should be enforced, but enforced equitably, not on a hit or miss basis due to personalities and likes and dislikes. She would support the staff to continue to make professional recommendations to both the Planning Commission and City Council. Dennis Wheeler, builder /contractor, objected to the rude treatment received by the public at the Community Development Department counter. He felt the main problem is that there is no direction, no one seems to be in charge, and every Community Development employee feels he has the last word on development without consultation with other members of the staff. He felt someone should be put in charge of the department and allow them to proceed. Rob Strong, private planning consultant, felt the main issue was lack of direction in the department. He felt there is still a lot of animosity among the employees in the Community Development Department from the reor- ganization in 1975. He felt the C.A.O. and the Community Development Director should direct and operate the Community Development Department and clear up these personal problems. Ron Colt, Vice President Interfraternity Council, spoke of the students problems in the city. He would like the city to accept Cal Poly students as citizens. He objected to the 3+ ordinance in R -1 zones and also the city's treatment of fraternities and sororities by their commissions. John Ring, builder /developer, felt that he has legitimate complaints on the various relationships with the planning staff. He felt that just by going to the planning counter, he immediately felt he was an adversary to the staff, and it has not gotten better over the years. He stated it made City Council Minutes October 16, 19.79 - 7:30 .p.m. Page 4 it very difficult to work.on any development..if the -staff is- still.mad at a prior-development that was given exceptions by the Planning Commission or City Council.. He felt that at no time does.the: staff present to the developer the entire conditions of the development. He stated that each step of the process the-staff keeps adding additional conditions -until.you never know where..your.project.stands nor dods.the Planning Commission. Leonard Blaser, builder /developer,. stated he felt that building or .developing property in this city is a very traumatic move due to the various planning staff members, who while being professional,,.are human,.and:want.to put their own. stamps..on'the.dev.elopment.- He.felt - the Planning Commission was.correct in asking the staff not to make recommendations -on a development, but to try and show both sides of the project and then allow the Planning Commission to make•the final decision based-on-the facts of both.sides.of. the issue.and not on the desires of•one staff person.... Diane Jefferson, member of the Citizens' Advisory Committee but speaking as a private citizen, stated she was supportive.of the staff..'s.actions as.she felt the staff was:competent and she could support-them. She continued that staff had been courteous and helpful when dealing with her-on their project. There being no other persons wishing to address the City Council or Planning Commission, Mayor Cooper closed the public.portion- of.the meeting. The Mayor asked the members.of. the City.Council and Planning Commission present if they wished to make any statements. 1 Councilman Settle'stated that some problems had been brought.out7'by =the public this evening and he felt that - something should be done to try and correct any bad impressions given out by the city through their staff. He felt it was good to have individuals.bring out their problems so they.could- be.attacked on a one- at.- a- time basis. Councilwoman Billig stated she.had no comment but she wanted to thank the in ' people for their - participation in.bringg these various problems before the council as they see them. Chairman DeNeve, of the Planning.Commission, hoped.that this evenings meeting was just a start to arriving at a solution..in order to-serve-the people of San Luis Obispo better. He hoped - that -the council, and Planning.Commission could solve some of the problems.as they were brought up by the-public, at least .to investigate them and see what.could be done to correct these matters. Mayor Cooper thanked. the. people for attending.and for their input. He thanked-many of them for their honesty. He -asked the Planning Commission if the thing to do-now.would be for them.to..meet, review.the input of the.past two meetings and -for the.council to do the same then at.some mutual.agreeable date, the City Council and Planning Commission should again meet and-make some definite descisions and directions for the city and city'staff to.follow. Mayor Cooper again thanked everyone.for taking part. 7 Mayor Cooper adjourned the meeting at 10:15 p.m. to an executive session. The City Council met in executive session with all councilmembers present. At 10:25 p.m., the City Council reconvened in regular session with all councilmembers present. At 10:30 p.m., there being no further,.business to.come before.the.City Council, ' Mayor Cooper adjourned the meeting at.10:30 p.m. APPROVED BY COUNCIL ON: 11/20/79 J Fitzpatrick, City Clerk