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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/