HomeMy WebLinkAbout11/20/1979City Council Minutes
November 20, 1979 - 4:00 p.m.
Page 2
1. On motion of.Councilman Jorgensen, seconded by Councilwoman Billig,
the following ordinance was introduced and passed to print: Ordinance No.
829 (1979 Series), an ordinance to amend the contract between the City Council
and the Public Employees' Retirement System to allow one year final compensa-
tion for fire members only.
Passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
2. On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
the following resolution was introduced: Resolution No. 4017 (1979 Series),
a resolution of the Council of the City of San Luis Obispo approving
Building Construction Board of Appeals procedural rules and regulations.
Passed and adopted on.the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
3. On motion of.Councilman.Dunin, seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 4018 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving an agree-
ment between the city and Ross, Levin, MacIntyre, Architects.
' Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
4. On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
the following resolution was introduced: Resolution No. 4019 (1979 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the city and Richard B. Taylor and Associates for extension
to the Mission Plaza.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
5. At this time the City Council considered a request from the developer
of Tract No. 592, Cal Coast Construction, that they be relieved of the
requirement of condition no. 10 of the subdivision agreement for Tract No.
592.
Condition No. 10 read as follows:
"10. Developer agrees to underground power lines along his southern
boundary (condition no. 28 Council-Resolution No. 3255 - 1977 Series)
or contribute to future undergrounding."
Henry Engen, Community Development Director, stated that the staff had no
position on this matter, but for the council's consideration he wished to
inform them that as a condition of approval of Tract No. 592 the City Council
required that the developer agree to underground or contribute to the future
City Council Minutes
November 20, 1979 - 4:00 p.m.
Page 3
undergrounding of the power lines that are located immediately south of his
subdivision and run in an.east /west.direction across Los.Verdes Park. He
stated that these power lines are a.major tie between two substations for
PG &E and require special construction. The developer did not make any
contingency plans within his development to underground these lines and
the cost estimates for the work have risen from $30,000 to $80,000 over the
past year. PG &E now proposes that if they are to do the project, they
would run the system undergound along the alignment of Los Osos Valley Road
in Los Verdes Park within some existing conduits. At the westerly boundary
of Los Verdes Park they would place the lines overhead and run them across
San Luis Creek to tie into the present system. They would not place the
entire portion underground until the city builds the bridge over San Luis
Creek. PB &E would prefer not to do the project as required in the condition
for Tract No. 592. He continued that if these lines were to go underground
in the future, the city would have to pay the cost or an assessment district
would be needed if the subdivider was forgiven this cost.
Councilman Jorgensen stated that he felt if this was a condition of the
original approval of the subdivision agreement, it should not be waived.
Sooner or later the undergrounding would have to be done and the city tax-
payers would have to pay for it. He felt the developer should comply with
the provisions of the subdivision agreement.
Councilman Dunin stated he would support the waiver of undergrounding at
this time as he felt it would be done ultimately when and if Los Osos Road
is ever extended. He also felt he did not wish to add this cost to the
new homes in Tract No. 592. He felt the city has already added too much
cost to this particular development, which in. -turn is added to the cost of
housing. He _cited " the example of the creek widening project.
Councilwoman Billig felt the condition should be continued to be required
as the city continues to be asked to waive approved subdivision agreements.
She stated that the City.Council has committed-them elves to.undergrounding '
untilities, yet they are always being asked to waive -this requirement. She
could go along with a contribution.by the city if the developer would put in
a share of the cost for the undergrounding.
Wayne Peterson, City Engineer, stated upon question that he felt the under-
grounding should have been put in when the developer was putting in other
utilities within his tract, but at this time he agrees that it is an extremely
expensive project for such a short run of undergrounding.
Councilman Jorgensen fel the subdivision agreement condition was fair and
that the developer should-put in a portion of the cost for the undergrounding
of the lines.
Mayor Cooper felt the $80,000 fee was ridiculous as it does not accomplish
anything as was required by the subdivision agreement.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that
the City Council affirm condition no. 10 of the subdivision agreement with
the developer to contribute a share of the undergrounding of that line.
Further, the staff was directed to prepare a formula for the developer's
contribution for future undergrounding in this development.
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None '
ABSENT: None
6. At this time the City Council considered the recommendations and
minutes of the Mass Transportation Committee of November 7, 1979.
D.F. Romero, Public Services Director, reviewed the actions of the Mass
Transportation Committee and stated that he felt the major concern was in
item no. 5 which was the discussion of Route 3 bus stop on Nipomo, south
City Council Minutes
November 20, 1979 - 4:00 p.m.
Page 4
of Marsh Street (Hazel's Pet Shop).. He stated that the Mass Transit
Committee made the following motion which was unanimously passed:
"The Mass Transportation Committee hereby recommends that Route 3 continue
to follow the present routing on Nipomo Street with the stop at Hazel's
Pet Shop to continue at its present location."
' Hank Wollweber, President of the Senior Citizens of San Luis Obispo, spoke
in opposition to the recommendation .of the Mass Transit Committee. He stated
that the seniors wished route 3 to be placed back on the old route of Broad
Street at Marsh then down Pacific Street instead the new route along Nipomo
Street. He begged the City Council to put the bus back on the Broad Street
route to really serve the people who use the bus system, namely the seniors.
He stated that the Mass Transit Committee and staff do not use the bus for
their transportation and so should listen to the people who do use the bus.
He gave examples of other problems at the Broad and Marsh intersection which
could be corrected if the city took the necessary action to correct the
traffic conflicts at this intersection. He urged the council to put the
bus stop back on Broad Street. He stated that many of the seniors, due to
the convenience of this particular location adjacent to the grocery store
and the bank, are able to use this.stop; but having it-one block away would
make it very difficult for elderly people, particularly women, to carry
their groceries, etc.
1
Pat Linnington, operator of the bus system, stated that he felt the Mass
Transit Committee has looked into this matter very carefully and that the
reason for the recommended Nipomo Street route and stop was only in the
interest of safety, not only for the buses but for the passengers. He
did not feel it was too inconvenient to the seniors. He stated that Broad
Street, from Monterey to Pacific, is an extremely dangerous section of city
street and that his bus drivers were constantly in terror of this particular
stretch.
Rose Barger., senior citizen member, spoke in support of the Broad Street
bus stop, rather than the Nipomo Street bus stop. She felt that most bus
patrons wanted a stop on Marsh and Broad and Pacific in order for it to
be convenient for the patrons of this bus system who use this grocery store
for their shopping.
Councilwoman Billig asked Dave Romero if it wouldn't be safer to move the
stop from the corner of Marsh and Broad up closer to Lucky's Market near
Pacific Street.
Councilman Bond suggested that possibly the bus could drive through the
shopping center and then out the back way with entrance on Marsh and out
on Nipomo or Pacific Streets and then on to Pismo Street.
On motion of Councilman Dunin, seconded by Councilwoman Billig, that the
City Council direct that the bus stop be returned to Broad Street near Pacific
with the staff to report back on December 4, 1979, with the details.
Councilman Jorgensen amended the motion by stating to refer the suggestion
back to the Mass Transit Committee, 1) either put the bus stop back on Broad
Street, or 2) run the route through the shopping center if the staff can
make it work.
The motion, as amended, was passed and adopted on the following roll call
vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
The City Traffic Engineer was asked.to_ look into the traffic problems on
Broad Street, from Pacific to Monterey, including the entrances and exits
to the shopping center.
City Council Minutes
November 20, 1979 - 4:00 p.m.
Page 5
6B. On motion of Councilman Jorgensen, seconded by Councilman Bond, that
Ron Scholtz be.appointed as the ASI /Cal Poly representative to the Mass Transit
Committee. Motion carried.
On motion of.Councilman Jorgensen, seconded by Councilman Bond, that with
the exception of item no. 5, the recommendations and minutes of the Mass
Transit Committee be received and filed. Motion carried.
7. On motion -of Councilman Jorgensen, seconded-by Councilman Bond, ,
the second quarterly priority.listing for the quarterly water program
with no. 1 being Lizzie Street (8" main from Fixlini to Wilding Lane)
being the priority project. Motion carried.
8. On motion of Councilman-Jorgensen.-seconded by Councilman Bond,
the plans and specifications for the Street Tree Planing, Tract-No. 444,
city plan no. D -40, bid estimate $9,000, was approved and the staff was
authorized to call for bids. Motion carried.
CONSENT ITEMS
C -1. On motion of Councilman Dunin, seconded by Councilman Bond, claims
against the city for the month of November, 1979, were approved subject to
the approval of the administrative officer. Motion carried.
C -2. On motion of Councilman Dunin, seconded by Councilman Bond, minutes
of the following council meetings were approved as corrected.
October 9, 1979 - 7:30 p.m.
October 16, 1979 - 7:30 p.m.
October 16, 1979 - 4:00 p.m.
Motion carried.
C -3. On motion of.Councilman Dunin,.seconded _ by.Councilman Bond, the '
following resolution was introduced: .Resolution.No. 4020 (1979 Series), a
resolution of the Council of the City of San Luis Obispo granting approval
of the final map of Minor Subdivision No. SLO -79 -051, located at 2943
Johnson Avenue, Archie Rodriguez, applicant.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
C -4A. On motion of.Councilman Dunin, seconded-by.-Councilman Bond , the
following resolution was introduced: Resolution No. 4021 (1979 Series),
a resolution.of the Council of the City of San Luis Obispo granting
approval of an agreement between the city and Mary Margaret Wagner.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen,.and Mayor Cooper
NOES: None
ABSENT: None '
C -4B. On motion of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4022 (1979 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the city and Alan R. MacMeekin and Susan J. MacMeekin.
Passed.and.adopted on-the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
City Council Minutes
November 20, 1979 - 4:00 p.m..
Page 6
C -5. On motion of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4023 (1979 Series),
a resolution of the Council of the City of San Luis Obispo authorizing
the sale by the Police Department of a Remington Model 700.308 caliber
rifle.
Passed and adopted on the following roll call vote:
' AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
C -6. On motion of-Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4023 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving an
agreement between the city and San Luis Brick, Inc. for a portion of
property on Orcutt Road for street widening.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
C -7. On motion of Councilman Dunin, seconded by Councilman Bond, the
recommendation of the Planning Commission to allow a 12 -month extension
for submission of the final map for Tract No. 744, a 54 -unit residential
subdivision located at 2895 South Higuera Street, was approved. Motion
carried.
C -8A. On.motion_of.Councilman Dunin, seconded by Councilman Bond, the
following resolution.was introduced: Resolution-No. 4025 (1979 Series),
a resolution of the Council.of.the City of San Luis Obispo amending the
1978/1979 Annual Transportation Claim.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
C -8B. On motion of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4026 (1979 Series),
a resolution of the Council of the City of San Luis Obispo approving the
first amendment of the 1979/1980 Annual Transportation Claim.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
' ABSENT: None
There being no further business to come before the City Council, Mayor Cooper
adjourned the meeting to 7:30 p.m., Tuesday, November 20, 1979.
APPROVED BY COUNCIL ON: 12/18/79
J. l tzpatrick, City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER.20, 1979 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
The invocation was led by Reverend Gene Haraldson, Minister of the First
Assembly of God Church of San Luis Obispo.
Roll Call
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen, and
Mayor Lynn Cooper
Absent: None
City Staff
Present: Lee Walton, City-Administration-Officer;-George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community
Development Director; Terry Sanville, Senior Planner; Ken Bruce,
Senior Planner; Roger Neuman, Police Chief.
9. At this time the City Council held a second public hearing to consider
a proposal to apply for federal funds to help preserve the downtown housing
(continued from November 13, 1979.)
Terry Sanville, Senior.Planner, reviewed with the City Council the block
grant application from November, 1979, for the Downtown Housing Conservation
Program. He stated that the City Housing Authority and planning staff had
prepared outlines for two alternate programs, 1) use of federal money to set
up a rehabilitation grant and loan fund to aide downtown landlords, and 2) use
the money to lease and rehabilitate downtown housing.
Rich Chubon, Executive Director-of the City.Housing Authority,.reported to
the council that the Housing Authority..was in full support of the grant
application and would help in any way with its implementation if the grant
were received by the city.
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the proposed grant
application.
Mayor Cooper declared the public hearing closed.
On motion of Councilman-Jorgensen, seconded by Councilman Bond, the.following
resolution was introduced: Resolution No. 4027 (1979 Series), a resolution
of the Council of the:City.of San Luis Obispo approving the submission of a
pre - application for federal assistance for the Community Development Block
Grant Program of the Department of Housing and Urban Development and author-
izing the Mayor to sign same.
Passed and adopted on the following roll call vote:
AYES:. Councilmembers Jorgensen, Bond, Billig, Dunin, and Jorgensen
NOES: None
ABSENT: None
10. At this time the City Council held a public hearing on an appeal
by the San Luis.Obispo Boarding Housing Company from a decision by the
Planning Commission to deny their use permit no. Uo788 for their property
at 1700 Osos Street.
City Council Minutes
November 20, 1979 - 7:30 p.m.
Page 2
Henry Engen, Community Development Director, stated that this matter was
last before the.council.in March, 1979, and was placed on the agenda as
a result of a petition signed by-28 people living in the neighborhood
regarding the establishment of a fraternity use on the corner lot on Osos
Street. He continued that it.was the council's action, after hearing the
testimony that evening, to direct the occupants of that house to seek and
obtain a use permit under the city's ordinance requirements, R -3 being
' the zone that allows fraternity and sorority type uses, and this was
ultimately applied for by the applicant in hearings held by the Planning
Commission on October 10, 1979.
Henry Engen..continued that the Planning Commission - recommended -unanimously
to deny the use permit as the property in question was less than 8,000
square feet in area and there was only one parking space that was shown as
part of the site plan which accompanied the application. He stated that
there was considerable testimony from the neighborhood expressing concerns
about conduct emanating from this structure and parking problems that
were present. He concluded by.stating that it was the action of the
Commission to deny the request. Subsequently, the applicant has appealed
that denial to the council and it is the staff's recommendation to deny
that appeal also.
Mayor.Cooper opened the public hearing.
Ivan Halperin, President of the SLO Boarding House Company, national officer
of the fraternity, and owner of the subject property, stated that he
presently operates the boarding house on Osos Street which is occupied
by members of the Alpha Epsilon Pi Fraternity at Cal Poly. He stated
that this group has been present on the campus at Cal Poly for approximately
some 11 years. About three years ago, the property which is now occupied
was sold and at that time a satisfactory purchase was negociated and as
indicative with the problems in this part of the community with student
housing, a considerable search was launched to try and find a satisfactory
structure. He continued that in addition to the purchase of the house,
approximately some three years ago, they began to work with the adminis-
tration and school as they believe the ultimate:solution to student housing
problems is for the university to make available some of its land. He
stated that approximately 18 months ago, they made a formal proposal to
the school, which has just now become public knowledge, that-those-of the
fraternity and the Boarding House-Company are prepared to begin the construc-
tion of-new housing if the school will,.on some reasonable basis, make
available to them, some of it property. Unfortunately, from past exper-
ience in an identical situation.in other.college towns, this process, if
made available would take 2 to 4 years to develop.
He continued that as a result,. they had persuasively urged the city staff
to call a hearing before the Planning Commission last month: He stated
that he was unable to attend that hearing and thus was unable to present
certain answers to matters that were brought up before the Planning
Commission. He was told that it.was rather an unusual move to ask for
an extension which was granted although no.one was heard at that time.
Mr. Halperin then directed the council's attention to the staff map showing
that there were not enough parking spaces. He stated that he had been in
contact with.a number of planning boards and he believes that in a very
short period of time that they-can provide-enough parking spaces near
enough to the property to satisfy the off -site parking requirements in a
sufficient number.
He stated they have also been'quite.concerned for-the reputation of the
tenants and the members of the fraternity and they hope things will get
better. The Boarding House Company would like to have no problems with
the city. The fraternity would like to move out of the house and into an
area adjacent to an area near the campus.
He concluded that his proposal.was as follows: The matter this evening
should be referred back.to staff with the instructions to advise the
Boarding House.Company the required number of parking.spaces. Then in a
limited period of time, assuming that they could complete the documentation
to the satisfaction of the parking regulations, allow continued occupancy.
City Council Minutes
November 20, 1979 - 7:30 p.m.
Page 3
Penny Rappa, President of the Old Town Neighborhood Association, stated
that she.was speaking on behalf of the neighbors who wished the council
to support the Planning Commission and allow them to resume a normal life
without this unruly dwelling. Also, they would support Greek Row on
campus, but not in the residential areas.
Mayor.Cooper closed the public hearing.
Councilman Jorgensen asked the staff to respond to the comments that were I
made.
Henry Engen stated that the staff.report did indicate that.the city required
one half parking space per occupant in such occupancy, but the application
did not indicate how many people they were proposing to house in this building.
In fact, 20 was the actual number of parking spaces required. Also, there
was no request for a variance accompanying the application which would have
sought to limit the number of.parking to one existing space on the site,
nor was there any application asking for appropriate off -site parking which
would require'Planning Commission approval which would address that issue.
Councilman Jorgensen asked if he had ever had any communication with Mr.
Halperin or any of his representatives?
Henry Engen stated that the primary contact on this was Dan Smith, who
maintained contact with their representatives and also handled a portion
of the complaints that were received.
Mayor Cooper stated that he would like to bring out, for the public record,
so that everyone there had a clear.understanding of what was discussed
briefly with reference to Douglas Gerard and his position: That is that
he had met recently with Dr. Baker, who is now th the new president of the
university, with the express purpose of that meeting to discuss fraternity/
sorority role concept and at the conclusion of that meeting it was decided '
that there was basically about three potential sites where this could be
conceivably built. He stated they are now in the process of putting
together all the necessary research to determine if in fact the property
owned by the state could be deeded to a state foundation or private founda-
tion or if it could be deeded to a developer who in turn could build the
units. He.continued that there was three or four different concepts that
could be used. Another thought.would be that the state could put a long
term land lease which would allow the fraternities and sororities to build
without having.to capitalize the investment for the land.
He felt that with the action and activity that this council has taken in
the communication and the direct response they had received from the
university that they would be moving forward on this and surely it would
be beneficial to everyone. The ultimate goal he thought would be probably
in the neighborhood of 14.to 20 sites located within a subdivided area
that would be used exclusively for sororities and fraternities and it could
be built to meet the particular needs of each sorority and /or fraternity
as the'case being necessary. He felt the meeting with'Dr. Baker was worth-
while and a step in the right direction and through the cooperation of this
council, they would then be able to move forward with it. He realized
that it was a delicate issue to have hang over their head and trying to
resolve these problems was going to take a lot of time but he hoped this
council could see a method with which to allow this occupancy under some
very strict rules during this interim period and he hoped that this challenge
could be met.
,
Councilman Jorgensen asked Mr. Halperin if he knew.the date at which they
first purchased the property.
Mr. Halperin replied that escrow had closed on January 4, 1979.
Councilman Jorgensen asked Mr. Halperin how long had the people presently
living there been there.
Mr. Halperin stated that there had been a turn-over so he didn't really
have an answer. He stated there is.a significant difference between people
who are living there now and those who lived there over the summer.
City Council Minutes
November 20, 1979 - 7:30 p.m.
Page 4
Councilman Jorgensen-asked how long the first tenants whor he had rented
to had been there and when did the new ones move in.
Mr. Halperin stated .that most of them were.out about June 1 or June 15.
He stated the first people moved in prior to-the close of escrow, sometime
in the latter part of December when he believed the Foundation House leased
some space.
Councilman-Jorgensen asked if he had communicated with the city regarding
his intentions to secure off -site parking.
Mr. Halperin stated that the only discussion he had was with Dan Smith of
the Planning Department and he believed that there was either four or six
phone calls to discuss the various requirements. He stated that Dan Smith
and the Planning Department did not really address the issue of what they
were going to do with the fraternity, the underlying issue was whether or
not it was a boarding house.
Councilman.Jorgensen again asked if Mr. Halperin had ever talked to anyone
in the city about parking requirements for the use that he proposed.
Mr. Halperin stated that they had talked in the latter part of June
through early August.
Councilman.Dunin stated that there were several issues in this matter:
1) Protect the tranquility of the neighborhood, 2) The need of housing
for existing tenants, and 3) The lack of cooperation by tenants of the
fraternity house to their neighbors.
He continued that in-his mind the question was-how to protect the'fratern-
ity house and-also peace and harmony of the neighborhood. He hoped that
the city could come up with conditions..for the fraternity to live-by in a
' use permit which cou1. le revocable and still protect:.the neighbors. He
stated that he would be willing-to issue a temporary use permit for the
fraternity house with the staff to prepare strict conditions for compliance
and a penal bond be filed with the city to guarantee compliance and if
they did not comply; they should be forced to vacate the premises.
Councilwoman Billig hoped that Cal Poly was working on the development of
a Greek Row for housing, but in the meantime, the people of the neighbor-
hood have a right to live in peace and quiet. She continued that the city
has tried to work with the fraternity but at no time did the residents of
the fraternity house attempt to cooperate. She felt that only by land use
control can the council protect the neighborhood residents. She did not
feel that she could find circumstances where she could approve a use permit
for this group. She also felt that at no time did this group attempt to
get along with their neighbors. She did-not feel that the city should
police living conditions. She concluded by saying that she would not
support the appeal but she would support the-Planning-Commission action.
Councilman Jorgensen felt that a review of the chronology of this matter
over the months would show that the fraternity and the representatives
had used every tactic to delay action by the city, even though they knew
that a use permit was needed in order to operate a fraternity in this
neighborhood. He felt.that this use:is in violation of the city land use
ordinance and he did not feel that a use permit should be granted.
' Councilman Bond felt the operation was in violation of the city ordinance
and that there is no protection to the-neighborhood. He could not support
the use permit or the appeal, but would support the Planning Commission's
denial.
On motion of Councilman Bond, seconded by Councilwoman Billig, that the
council deny the appeal of Ivan..Halperin and with the staff to prepare a
resolution with the findings for the December 4, 1979 council meeting.
Motion.carried on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, and Jorgensen
NOES: Mayor Cooper
ABSENT: None
City Council-Minutes
November 20, 1979 - 7:30 p.m.
Page 5
11. At this time the City Council held a public hearing on a recom-
mendation of the Planning Commission to rezone property located at 3700
South Higuera.Street from C -H (service - commercial) to PF (public facility),
city - initiated rezoning.
Henry Engen, Community Development Director, explained that this particular
parcel is city -owned property which is being recommended for rezoning for
use by the city as a consolidated maintenance yard.
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the rezoning.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
ordinance was introduced: Ordinance No. 830 (1979 Series), an ordinance of
the City of San Luis Obispo amending the official zone map of the city to
rezone property at 3700 South Higuera Street from C -H to PF, owner- -City
of San Luis Obispo.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
12. At this time the City Council held a public hearing to consider the
recommendations of-the Planning Commission.to approve a request to pre -zone
property at 4280 South Higuera Street from county zone.A- 1 -10•to city zone
R -2 -PD and approve a preliminary development plan to allow a 15 -unit, '
public housing apartment project. The zoning was to become effective upon
the property's annexation to the city; Housing Authority; applicant.
Henry Engen,-Community Development Director, again reviewed the proposed
pre- zoning with the City Council and also reviewed the preliminary develop-
ment plan.
Mayor Cooper declared the public hearing open.
Rich Chubon, Executive Director of the City Housing Authority, appeared before
the City Council stating that they were in support of the pre- zoning and
also of the development planned for the housing project.
Mayor Cooper declared the public hearing.closed.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the
following ordinance was introduced: Ordinance No. 831 (1979 Series), an
ordinance of the City of San Luis Obispo amending the official zone map
to pre -zone property at 4280 South Higuera Street from A -1 -10 (county
zoning) to R -2 -PD, applicant, Housing Authority of San Luis Obispo.
Introduced and passed to print on the following roll'call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None I I
ABSENT: None
13. At this time the City Council considered the final passage of
Ordinance No. 824 (1979 Series), an.ordinance of the City of San Luis
Obispo amending certain sections of the grading and excavation provisions
of the Municipal Code to (1) allow for grading in advance of final plan
approval, and (2) allow for exceptions to grading limitations under
certain circumstances.
City Council Minutes
November 20,1979 - 7:30 p.m.
Page 6
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the aodption of the
ordinance.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Ordinance
' No. 824 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
14. At this time the City Council considered the final passage of
Ordinance No. 825 (1979 Series), an ordinance of the City Council of
the City of San Luis Obispo amending Section 3217.2 of the San.Luis Obispo
Municipal Code to increase fines for parking violations.
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the proposed changes.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Ordinance
No. 825 was introduced for final passage.
Finally passed on the following roll call vote:
' AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
15. At this time the City Council considered the-final passage of
Ordinance No. 826 (1979 Series), an ordinance of the City of San Luis
Obispo granting a franchise for a consolidated alarm forwarding system
within.the city to Sylvester's Security Alarm Systems for a period of
four (4) years.
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the final passage of
the ordinance.
Mayor Cooper declared the public hearing closed.
On motion of.Councilman Jorgensen, seconded by Councilman Dunin, Ordinance
No. 826 was introduced for final passage.
Finally passed on the following roll call vote:
' AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
16. At this time the City Council held a public hearing to consider the
final passage of Ordinance No. 827 (1979 Series), an ordinance of the City
of San Luis Obispo establishing comdominium development and conversion
regulations.
Mayor Cooper declared the public hearing open.
City Council-Minutes
November 20, 1979 - 7:30 p.m.
Page 7
No one appeared before the City Council for or against the proposed ordinance.
Mayor Cooper declared the public hearing closed.
On motion of.Councilman Dunin, seconded by Councilwoman Billig, Ordinance
No. 827 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper ,
NOES: None
ABSENT: None
17. At this time the City Council considered the final passage of
Ordinance No. 828 (1979 Series), an ordinance of the City of San Luis Obispo
amending the official zone map to rezone property at 1256 Galleon Way
from R -2 to R -2 -PD.
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the proposed rezoning.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Dunin, seconded by Councilman Bond, Ordinance No.
828 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None ,
ABSENT: None
18. Councilwoman Billig presented, for the council's consideration, a
resolution for energy conservation in the City of San Luis Obispo as follows:
"Whereas, this council finds acid determines that higher levels of government
have called for energy conservation and that little has been done to date
to conserve or develop alternative resources; and whereas, we find this
situation offers local government an opportunity to provide leadership and
decisive action in dealing with this problem; and whereas, residents of
San Luis Obispo face the prospect of.uncertain supplied of energy resources
in the future and escalating costs for conventional resources; and whereas,
alternative sources of energy are available, non - polluting and economically
feasible, especially solar water heating and passive solar design approaches;
and whereas, energy conservation is a mandate of the California'Environmental
Quality Act; and whereas, San Luis Obispo is a charter city having broad
authority to inaugurate energy conservation and develop programs'in areas
that are of municipal concern. Now, therefore, be it resolved by the
Council of the City of San Luis Obispo as follows: Section 1. This council
hereby establishes energy conservation and the development of alternative
energy resources as a high priority policy of the city, to be equal to and
incorporated in all existing policies and regulations relating to plans
and projects for public and private development in the city. Section 2.
On or before July 1, 1980, the Planning Commiss'io'n shall present to this
council, for consideration and adoption, a proposed Energy Conservation
Element to the General Plan with appropriate proposed implementing amend-
ments to all other General Plan, zoning, subdivision, and building regula-
tions for the incorporation and implementation of said Energy Conservation
Element. Section.3. Pending the adoption of said Energy Conservation Element,
the council, Planning Commission, and staff shall make every effort to incor-
porate obviously desirable energy conservation.measures such as solar hot
water 'systems, swimming pool heating, building insulation, orientation :of
buildings, planting of deciduous trees along southerly exposures, and layout
of streets in all.public and private projects without limitation including:
City Council Minutes
November'20, 1979 - 7:30 p.m.
Page 8
A. the municipal swimming pool
B. the Housing Authority project
C. corporation yard
D. any remodeling of City Hall
Section 4. The City Administrator shall report to this council at least
every six weeks concerning the progress of a program to develop the
' necessary rules and regulations for implementation of an Energy Conserva-
tion Program.. Section 5. This council recognizes that the general plan
element and implementing ordinance investigation and preparation will
involve a significant amount of city staff time. To that end, the city
will avail itself of information and technical assistance from all available
sources, government, education, and private industry sources alike."
Councilwoman Billig continued that there might be some additional staff
worked involved in developing the resolution on energy conservation, but
she felt there was enough information available throughout the State of
California,'through other cities, and through the League of California
Cities so that the staff does not have to do basic research. She felt
that many individuals in our community are available to help develop such
energy conservation plans. She urged the City Council to support this
effort within the City of San Luis Obispo and give leadership in the area
of energy conservation to our citizens.
Councilman Jorgensen stated that he supported the Energy Conservation Program
presented by Councilwoman Billig; and he also agreed that there was a great
amount of information available on this matter and that the staff did not
have to reinvent the entire program.
Councilman Bond stated he too would support the proposal. He felt it was
a good idea and agreed with the other councilmembers that there was tremen-
dous information available for the community.
' Councilman Dunin stated that he would support the program.
Marge Sorenson member of the Citizens' Advisory Committee, stated that
she heads the subcommittee of the C.A.C.- which studies energy conservation
and that she was very pleased with Councilwoman Billig's presentation.
Glena Dean Dovey, League of Women Voters, also stated that she supported
the Energy Conservation Program which was a national conservation goal of
the League of Women - Voters.
Judy Newhouse stated she too was supportive.
David Heifineister, Cal Poly, stated he too was supportive.
Tom Schumann stated he too was very supportive of the proposal by Council-
woman Billig.
On motion of Councilman Bond, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 4028 (1979 Series), a resolution
of the Council of the City of San Luis Obispo establishing energy conser-
vation as a top priority for all public and private projects.
Passed and adopted on the following roll call vote:
IAYES: Councilmembers Bond, Dunin, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
9:00 p.m., Mayor Cooper-declared a recess.
9:20 p.m., the meeting reconvened with all councilmembers present.
19. At this time the City Council considered the recommendation of the
Planning Commission to approve a tentative map for Minor Subdivision No.
79 -181 to create two lots from one lot located at 615 Grant Avenue, R -3
zone; Fred Glick, subdivider.
City Council - Minutes
November 20, 1979 - 7:30 p.m.
Page 9
Ken Bruce, Senior Planner, presented to the City Council-the recommendations
of the Planning Commission which was to approve the tentative map subject
to one condition requiring that the two lots should be served by access
via a common driveway to the approval of the Community Development Director
and that the subdivider should prepare a common access driveway agreement
for appnoval.and.recordation by the city. Ken Bruce reviewed the history
of this particular property which, at -the present.time,.is being used by
a sorority without an approved use permit from the City of San Luis Obispo.
He stated that if the -use were to continue, they would have to get a use ,
permit and also make arrangements for adequate parking.on. the lot parcel 1.
Councilman Jorgensen questioned the action of approving this lot.split
when the existing use and operation was illegal, and should not exist.
He did not feel that the lot split for the sorority use would even meet
the minimum requirements for parking.
Councilwoman Billig agreed with.Councilman.Jorgensen's statements and felt
that tenants and property owners should first be placed on record that the
existing use is illegal and that no additional development would be allowed
and no special consideration, such as a. lot split, should be granted.
On motion of Councilman.Jorgensen, seconded by Councilman Bond, that this
consideration of a lot split be continued and that the.property owner and
tenants be contacted and notified of the problems involved in their use
and that the lot split would not be completed until the .present operation
was made legal. Motion carried.
Mr. Fred Glick, representing the property owner; appeared before the City
Council stating that if the lot split were approved, the use in the
existing dwelling would be reduced.so that only six women would be allowed
to live in the house.and -that three parking spaces,-according to city
standards, would be needed and would-be developed. He agreed that all
existing city conditions should be met before any additional privileges I
are given to the property owner.
After discussion, there was a motion-of Councilman Jorgensen, seconded by
Mayor Cooper, that.Resolution.No. 4029 (1979 Series),.a.resolution of the
Council of-the City of San Luis Obispo granting approval of tentative map
for Minor Subdivision No. 79 -181, located at 615 Grand Avenut, owner,
Claude and Jeannette Weddle, was introduced with the following condition
added to.Section 2: Condition No. 2. '. '.Subdivider to apply .for . use permit
for sororitv house includine.a Darkine Dlan.for.parcel no. 1. Approval
to
t
Passed and adopted on the following roll call vote:
AYES: Councilmember Jorgensen, Mayor Cooper, Councilmembers Billig,
Bond, and Dunin
NOES: None
ABSENT: None
20. At this time the City Council considered a recommendation of the
Planning Commission to approve a tentative map for Minor Subdivision No.
79 -223 to create two lots from.one lot located at 1190 Laurel Lane and
1055 Southwood Drive, R -2 -S and M -S zones; New World Investments, subdivider.
Henry Engen, Community Development Director, reviewed the recommendations ,
of the Planning Commission which was to create two, seven acre, lots on
on the south side of Southwood Drive between Laurel Lane and the Sinsheimer
Park. The General Plan and Zoning Ordinance were recently amended to
accommodate development of one parcel for manufacturing and the other for
medium density residential use. He.stated, that on behalf of the Planning
Commission, they would recommend the adoption and approval of the minor
subdivision subject to the five Planning Commission findings and the four
tentative map conditions.
City Council Minutes
November 20, 1979 - 7:30 p.m.
Page 10
The City Council discussed with Henry Engen condition no. 2 which read,
"A note shall -be placed oa.the final map indicating that the water tank
on Lot 1 shall-be removed, and appurtenant easements abondoned, concurrent
with the development of the lot and prior to occupancy of any building."
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
21. At this time the City Council considered the recommendation of the
Planning Commission to-approve a- tentative map for Tract.No. 858 for a
48 -lot residential subdivision on 18 acres located at 1800 Prefumo Canyon
Road, R -1 -S, Richard Racouillat, applicant.
Ken Bruce, Senior Planner, reviewed for the City Council.the action taken
by the Planning Commission in recommending-the approval of this particular
subdivision, including the nine findings and the ten.conditions for Bevel-
' opment.
Robert Vessley, Engineer representing Merriam, Deasey & Whisenant, stated
that on behalf of the property owner, they accept all the conditions estab-
lished by the Planning Commission as conditions of approval for the tentative
map. He also explained some of the conservation considerations given by
his firm in developing this tract.
Councilman Jorgensen stated that he would agree that sidewalks could be
waived on Prefumo Canyon.Road, but he would like to have curb and gutter
installed. He also felt a condition should be added-to avoid using Portola
Drive during construction and that buildings on lots 29 through 36 be placed
where they can receive water supply without additional pumps. He stated
he would also like to see a solid wall or fence on Prefumo Canyon Road
to avoid access to the rear of the lots from Prefumo Canyon Road.
Councilman Bond- stated he had no comments.
Councilman Dunin stated he had no comments.
Councilwoman Billig stated she agreed there should be concrete curb and
gutter along Prefumo Canyon Road and that a wall or landscaping should be
placed on Prefumo Canyon Road to avoid people using this as access to the
rear of their lots and that lots 29 through 36 should be built on the lower
portions in order to avoid-the pumping problems
was not too enthusiastic of the long cul -de -sac
of the whole project was not very imaginative.
had an opportunity for something very good, but
planned with the usual unimaginative type of de
major concern was the safety aspect of the long
for domestic water. She
and she felt the design
She felt this development
instead, it had been
velopment. She stated her
cul -de -sac.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4031 (1979 Series), a resolution
of the Council of the City of San Luis Obispo granting approval of tentative
Tract No. 858 located at 1800 Prefumo Canyon Road (owners: Bernard and
It was the feeling of
the City Council that.this was not the intention
when this matter first
came.before the.City Council during the hearings
that the tank was to be
removed. Therefore, on motion of Councilman
Jorgensen, seconded by-Councilwoman Billig, the following resolution was
introduced:..Resolution No. 4030 (1979 Series), a resolution of the
Council of the City of
San Luis Obispo-granting approval of tentative map
for Minor Subdivision
79 -223 located at 1055 Southwood Drive (applicant:
New World Investments)
with condition no. 2 amended as follows: "A note
shall be placed on the
final map indicating that the water tank on Lot 1
shall be removed, and
appurtenant easements abandoned, prior to final map
approval."
Passed and adopted on
the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
21. At this time the City Council considered the recommendation of the
Planning Commission to-approve a- tentative map for Tract.No. 858 for a
48 -lot residential subdivision on 18 acres located at 1800 Prefumo Canyon
Road, R -1 -S, Richard Racouillat, applicant.
Ken Bruce, Senior Planner, reviewed for the City Council.the action taken
by the Planning Commission in recommending-the approval of this particular
subdivision, including the nine findings and the ten.conditions for Bevel-
' opment.
Robert Vessley, Engineer representing Merriam, Deasey & Whisenant, stated
that on behalf of the property owner, they accept all the conditions estab-
lished by the Planning Commission as conditions of approval for the tentative
map. He also explained some of the conservation considerations given by
his firm in developing this tract.
Councilman Jorgensen stated that he would agree that sidewalks could be
waived on Prefumo Canyon.Road, but he would like to have curb and gutter
installed. He also felt a condition should be added-to avoid using Portola
Drive during construction and that buildings on lots 29 through 36 be placed
where they can receive water supply without additional pumps. He stated
he would also like to see a solid wall or fence on Prefumo Canyon Road
to avoid access to the rear of the lots from Prefumo Canyon Road.
Councilman Bond- stated he had no comments.
Councilman Dunin stated he had no comments.
Councilwoman Billig stated she agreed there should be concrete curb and
gutter along Prefumo Canyon Road and that a wall or landscaping should be
placed on Prefumo Canyon Road to avoid people using this as access to the
rear of their lots and that lots 29 through 36 should be built on the lower
portions in order to avoid-the pumping problems
was not too enthusiastic of the long cul -de -sac
of the whole project was not very imaginative.
had an opportunity for something very good, but
planned with the usual unimaginative type of de
major concern was the safety aspect of the long
for domestic water. She
and she felt the design
She felt this development
instead, it had been
velopment. She stated her
cul -de -sac.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4031 (1979 Series), a resolution
of the Council of the City of San Luis Obispo granting approval of tentative
Tract No. 858 located at 1800 Prefumo Canyon Road (owners: Bernard and
City Council Minutes
November 20, 1979 - 7:30 p.m.
Page 11
Elizabeth Duveneck) with the following amendments to conditions 3 and 10
and the addition.of condition no..11. Condition no. 3 to read, "The
installation of sidewalk .alone the north and westerly side of Prefumo
Canyon Road is deferred until called for by the City Engineer. That
edge of the road shall be improved with P.C. curb and gutter to be
shown on the tentative map." Condition no. 10 to read, "A note shall
be placed on-the final map.stating that portions of lots 29 -36 are above
the citv water service limit and desired-water Dressures.mav recuire
follows, "Access to site.during construction of subdivision shall be
limited to Prefumo.Canyon Road."
The amended resolution was passed and adopted on the following roll call
vote:
AYES: Councilmembers Jorgensen, Bond, Dunin, and Mayor Cooper
NOES: Councilwoman Billig
ABSENT: None
22. At this time the City Council considered the recommendation of the
Planning Commission to approve tentative map for Tract No. 703 for a 64-
lot commercial- industrial subdivision on 50 acres located at 3701 South
Higuera Street, C -H -SP zone; Higuera Commerce Park Development Company,
subdivider.
Ken Bruce, Senior Planner, presented the recommendations of the Planning
Commission which stated that-they found prior environmental impact report
was sufficient to grant.a negative declaration and recommends.granting
approval of the tentative tract subject to eight.findings and ten conditions.
Robert Strong, representing the developer, stated that lot 14 was not a
part of the subdivision as it was a private piece of property but had to
be shown on the map and they would hope to underground.all utilities to
this particular.lot also.
Councilman Jorgensen stated that he objected to the extension of improved
streets and utilities at the extreme end of Granada Drive which was not
a condition of the approved specific plan and also the road extending to
the south. He felt that this would just give an impression that the city
was approving additional improvements to the east and to the south of this
development.
Henry Engen, Community Development Director, stated that during the deliber-
ations by the Planning Commission, it was decided to extend this road and
also an extension of Bonetti, south of Granada, to adjacent county lands to
anticipate some future development in that area.
Councilwoman Billig agreed with Councilman Jorgensen regarding the extension
of Granada Drive and its underground utilities. She felt this was a poor
development and also that there was a conflict between the different kinds
of uses in this entire area of the city, commercial, industrial, housing,
mobile homes, etc. She felt this was a poor expansion of an already poorly
developed area.
Rob Strong, representing the developer, stated that the extension of Granada
Drive and a reservation for extension of Bonetti Circle to the south to
county land was decided at the Planning Commission and Subdivision Design
Review Board meeting. The developer can do whatever the council desires
as far as the two street extensions are concerned.
On motion.of.,Councilman- Jorgensen, seconded by .Councilman Bond, the following
resolution was introduced:. Resolution.No. 4032 (1979 Series), a resolution
of the Council of the City of San Luis Obispo granting approval of tentative
Tract No. 703, located at 3701 South Higuera Street (subdivider: Higuera
1
1
1
City Council Minutes
November 20, 1979 - 7:30 p.m.
Page 12
Commerce Park Development Company) subject to changes in condition no. 5
and the addition of condition no. 11. Condition no. 5 to read as follows,
"Subdivider shall-install sewer mains with sufficient reserve capacity to
serve adjacent undeveloped land, in.the margarita expansion area, to the
approval of the City Engineer. City shall bear additional costs of instal-
lation resulting from providing excess capacity." Condition no. 11 to be
added as follows, "Eliminate easterly extension.of Granada Drive, including
utilities, beyond Bonetti Circle."
' Passed and adopted on the following roll call vote:
AYES: Councilmen ers Jorgensen, Bond, Dunin, and Mayor Cooper
NOES: Councilwoman Billig
ABSENT: None
23. At this time the City Council considered an ordinance to provide
for increased protection of handicapped parking spaces on both public and
private parking lots.
George Thacher reviewed the provisions of the proposed ordinance dealing
with handicapped parking, the required signing, penalties, etc.
On motion of Councilman Bond, seconded by Councilman Jorgensen, the
following ordinance was introduced: Ordinance No. 832 (1979 Series), an
ordinance of the City of San Luis Obispo amending Section 3211.7 of the
San Luis Obispo Municipal Code establishing new handicapped parking regu-
lations.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Bond, Jorgensen, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
The City Clerk.was directed that when..Ordinance No. 832.became effective,
he was to take out the necessary ad to inform the public of the new regu-
lations.
There being no further business to-come before the City Council, Mayor Cooper
adjourned the meeting at 10:45 p.m. to 12:10 p.m., Monday, December 3, 1979.
APPROVED BY COUNCIL ON: 1/2/80 -�.
. Fitzpatrick, City Clerk
-------------------------------------------------------------------- - - - - --
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, DECEMBER 3, 1979 - 12:10 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Roll Call
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin, and Mayor Lynn Cooper
Absent: Jeff Jorgensen
City Staff
Present: Lee Walton, City Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Geoff Grote, Legal/