HomeMy WebLinkAbout12/04/1979City Council Minutes
December 3, 1979 - 12:10 p.m.
Page 6
6. It was decided by the City Council that due to the time of year,
that the study session of December 11, 1979, would be skipped.
7. There being no further business to come before the City Council,
Mayor Cooper adjourned the meeting to 4:00 p.m., Tuesday, December 4, 1979.
APPROVED BY COUNCIL ON: 1/2/79
J. itzpatrick, City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY.COUNCIL .
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 4, 1979 - 4:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Roll Call
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen, and
Mayor Lynn Cooper
Absent: None
City Staff
Present: Lee Walton, City Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community
Development Director; Terry Sanville, Senior Planner; Wayne
Peterson, City Engineer; Jim Stockton, Director of Parks and
Recreation; Roger Neuman, Police Chief; D.F. Romero, Director
of Public Services.
1. At this time the City Council considered the final passage of
Ordinance No. 829 (1979 Series), an ordinance to amend the contract between
the city and the Public Employees` Retirement System to allow "one year
final compensation for fire members only ".
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the adoption of the
ordinance.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Bond, Ordinance No.
829 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
2. At this time the City Council considered the final passage of Ordinance
No. 830 (1979 Series), an ordinance to amend the official zone map to rezone
property located at 3700 South Higuera Street from C -H (service commercial) to
PF (public facility).
1
1
1
City Council Minutes
December 4, 1979 - 4:00 p.m.
Page 2
Mayor Cooper declared the public hearing open.
No one appeared before the council for or against the adoption of the ordinance.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Ordinance
No. 830 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
3. At this time the City Council considered the final passage of
Ordinance No. 831 (1979 Series)., an ordinance to amend the offical zone
map to prezone property located at 4280 South Higuera Street from County
A -1 -10 to city zone R -2 -PD.
Mayor Cooper declared the public hearing open.
No one appeared before the council for or against the adoption of the ordinance.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Ordinance
No. 831 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
4. At this time the City Council considered the final passage of
Ordinance No. 832 (1979 Series), an ordinance to provide for increased
protection of handicapped parking spaces.
Mayor Cooper declared the public hearing open.
No one appeared before the council for or against the adoption of the ordinance.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Dunin, seconded-by Councilwoman Billig, Ordinance
No. 832 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
5. D.F. Romero,.Public Services Director, reported that as directed by
the council on November 6, 1979, he has reviewed with Mr. Linington, of San
Luis Transportation, the most practical route to provide service to a Route 3
which would be located on Broad Street.
He stated it was their conclusion that a route following Palm to Nipomo to
Marsh to Broad to Pismo Streets would be the most practical. He stated that
City Council Minutes
December 4, 1979 - 4:00 p.m.
Page 3
this avoids the congestion'and hazard of the sharp turns at Mission Plaza and
would still provide for a stop on Broad, near Pacific, thus serving seniors
who patronized Lucky's Market. If-was their judgment that the route through
the shopping center parking lot would be extremely hazardous and time comsuming.
He stated that the staff proposed to place the stop in the existing red zone
one Broad, near Lucky's, and eliminate the stop at Hazel's. In order to ease
the turn at Marsh and Broad, he proposed to eliminate two meter spaces on the
south side of Broad Street, nearest Marsh Street. He concluded that if the
council concurs with his recommendation, the new route and the relocation of
the stop would take place on January 1, when the new schedules would be issued.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the staff's
recommendation was approved and the staff was authorized to proceed as rapidly
as possible to make this change. Motion carried.
6. - On motion of Councilman Dunin, seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 4033 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving an agree-
ment between the city and the San Luis Obispo Swim Club, Inc. for the period
of December 1, 1979 through November 30, 1980.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
7. At this time the City Council considered a request from San Luis
Transportation, Inc. for city participation as a lead agency for an Elderly/
Handicapped system for a shared ride taxi to be operated by San Luis Trans-
portation. The requested subsidy would be $64,350 for the first year.
Geoff Grote, Assistant City Attorney and Administrative Officer, submitted,
for the council's consideration, a progress report on an alternative program
for dial -a -ride system with the city operating the system at a much lesser
cost than that proposed by the San Luis Transportation Company. He stated
that he is working with Cal Trans to develop the system.
A letter was presented to the council from Gary Deno stating that due to an
illness he was unable to attend the meeting but that he was opposed to the
request of San Luis Transportation Co. for the following reasons:
1. The proposal has not been before the Citizens' Mass Transportation
Committee for their review and input.
2. Not enough time has been spent by the staff in reviewing the proposal.
3. He had grave reservations as to spending $64,350 and only providing
one van.
4. More service should be provided for the money being spent.
5. The proposed fare of $1.50 is too high for persons on a fixed income.
His letter also stated that conversely, the City of San Luis Obispo has
applied for the same funds to provide two vans (not wheelchair equipped)
to be utilized in the morning and evening for van pooling city employees
to and from work and in the afternoon as a Dial -a -Ride service for seniors.
He recommended that the entire proposal be turned over to the Citizens'
Mass Transportation Committee for review and input before making any decisions.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the request
of the San Luis Transportation Co. was tabled. Motion carried.
Y
City Council Minutes
December 4, 1979 - 4:00 p.m.
Page 4
8. The City Council considered a request from Gamma Phi Beta for the
city to share in the cost of fire hydrant installation at the north corner
of Johnson and Higuera Street as required by the Fire Department, as
20 other homes and offices would benefit by it.
The representatives of the sorority stated that they did not oppose paying
their share of this hydrant, but that the property had been in existence for
' many years without this need, and they felt either the neighborhood or the
city should contribute as it helps the fire service for the entire neighborhood.
The City Fire Department stated that the requirement for the sorority was
based on Section 9200.16.3 of the Municipal Code which requires the installa-
tion of a hydrant if they were beyond 350 feet from a city standard hydrant.
Further, in examining the situation of the sorority on Higuera Street, the
Fire Marshal found the distance to a standard fire hydrant that provides
sufficient fire flow was 400 feet and that the nearest one does not provide
adequate fire flow. In looking at other cities and the methods of handling
similar situations, the Fire Marshal recommended that the city assist in the
project by sharing the cost with the occupant. The new site would benefit
the Fire Department in any fire situation in the area, and at the same time,
it would benefit the residents. He felt this would be an equitable way of
handling the problem.
After some discussion by the City Council, a motion was made by Councilman Bond,
seconded by Councilwoman Billig, that the matter be continued for staff recom-
mendation on a policy for the council to follow in all of these instances.
Motion carried.
9. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 4034 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving an agreement
between the city and Perry & Ring, Inc. to design the softball field lighting
at Sinsheimer Park.
Passed and adopted on the following roll call vote:
AYES: Councilmember Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
10. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 4035 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving an agreement
between the City and Ross, Levin, MacIntyre, Architects for "master plan of
police facilities ".
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
11. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the
following resolution was introduced: Resolution No. 4036 (1979 Series), a
resolution of the Council of the City of San Luis Obispo authorizing the sale
of surplus fire equipment (1955 GMC pumper).
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Jorgensen, Billig, Bond, and Mayor Cooper
NOES: None
ABSENT: None
City Council.Minutes
December 4, 1979 - 4:00 p.m.
Page 4
12. On motion of Councilman Bond, seconded.by.Councilman Dunin, the
following resolution.was introduced: Resolution-N6. 4037 (1979 Series), a
resolution of the Council of the City of San Luis Obispo approving.the
destruction of certain city.records, documents,_and.papers, pursuant to
Section 34090 et seq. of the Government Code of the State of California.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
E -1. On motion of Councilman Jorgensen, seconded by Councilman Bond, the
following nominees for membership on the Board of Directors of the Downtown
Business Improvement Area were approved:
Lon Lundberg
Allen Garrison
Robert Knight
Motion carried.
CONSENT ITEMS
Mark Stethen
Glenn Weitchum
John Bitmer
C -1. On motion of Councilman Dunin, seconded by Councilman Bond, claims
against the city for the month of December, 1979, were approved and ordered
paid. Motion carried.
C -2. On motion-of Councilman Dunin, seconded by Councilman Bond, minutes
of the City Council meetings of October 30, 1979.- 7:00 p.m.., November 6,
1979 - 4:00 p.m., and November 6, 1979 - 7:30 p.m'. were approved as corrected.
Motion carried.
C -3. On motion of Councilman Dunin, seconded by Councilman Bond, contract
pay estimates and changes orders for November, 1979, were approved and ordered
paid as follows:
Burke Oilfield Const.
OSOS STREET WATER LINE,
MARSH TO MONTEREY
CITY PLAN NO. C -25
Conco Engineering, Inc.
MARSH STREET STORM DRAIN
CITY PLAN NO. B -22
M.J. Hermreck, Inc.
LOS OSOS VALLEY ROAD
RESURFACING
CITY PLAN NO. C -24
Karleskint & Crum, Inc.
EXPOSITION PARK -- IRRIGATION
AND TURF, PHASE I
CITY PLAN NO. C -21
Charles A. Pratt Construction
WATER FILTRATION PLANT NO. 2
MODIFICATION
CITY PLAN NO. B -09
Smee's Plumbing
CREEK OBSTRUCTION REMOVAL,
WATER PIPELINES
CITY PLAN NO. B -51
Est. 412
Est. 414
Est. #2
Est. 413 FINAL
Est. 413
Est. 416
Est. 413
Est. 414 FINAL
$11,094.75
$4,931.10
$2,037.60
$8,182.31 (1/7/79)
$2,865.96
$14,355.00
$861.12
$2,566.00 (1/7/79)
Video Inspection Specialists Est. 414 $29028.38
T.V. INSPECTION OF CITY
SEWER LINES
CITY PLAN NO. C -31
1
1
1
City Council Minutes
December 4, 1979 - 4:00 p.m.
Page 5
C -4. A request from San Luis Transportation, Inc. applying for increased
rates for the taxi company was continued for a public hearing and the City
Clerk was directed to prepare a list comparing taxi rates on motion of
Councilman Dunin, seconded by Councilman Bond.. Motion carried.
C -5. On motion of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4038 (1979 Series) a
resolution of the Council of the City of San Luis Obispo confirming satis-
faction of liens upon real property parcels for weed abatement costs.
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. 4048 (1979 Series), a
resolution of the Council of the City of San Luis Obispo authorizing quitclaim
of city creek access easement.
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
following resolution was introduced: Resolution No.. 4039 (1979 Series), a
resolution of the Council of the City of San Luis Obispo accepting the off -
site improvements for Minor Subdivision No. 77 -227 at the intersection of
Iris and Henry Streets.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
C -8. On motion of Councilman Dunin, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4040 (1979 Series),
a resolution of the Council of the city of San Luis Obispo accepting the
off -site improvements of Tract 642, Cedarwood.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen, and Mayor Cooper
NOES:
ABSENT:
' C -9. At
R.V. Sales
in this ar
None
None
this time the City Council considered a request from Wayne Vaugh
Lot, 3285 South Higuera Street, for permission to allow parking
ea on Saturday, December 15, 1979, during an R.V. auction that day.
The Police Department stated that they saw no reason why this could not be
handled on this particular day As the street is wide enough, and on a Saturday
there is not that much business in that general area. They recommended
that the city set up guidelines so that the Police Department could smoothly
accommodate such requests without having to come to the City Council for
approval.
City Council Minutes
December 4, 1979 - 4:00 p.m.
Page 6
On motion of Councilman Dunin, seconded by.Councilman Bond, that the City
Council authorize the waiver of parking on South Higuera Street on December
15, 1979; and direct the preparation of a code amendment authorizing the
Traffic Engineer to grant temporary minor waiver of parking regulations.
Motion carried.
BID ITEMS
B -1. At this time the City Clerk reported on the following bids received
for the Madonna Road Plaza Entrance Revision, City Plan No. B -45: Engineer's
Estimate: $5,000.00
1. Madonna Construction Co. $7,380.00
P.O. Box 910
San Luis Obispo, CA 93406
2. W.A. Gus Howie $7,770.00
1813 Marsh Drive
San Luis Obispo, CA- 93401
3. Walter Brothers Const. $7,907.00
P.O. Box 809
San Luis Obispo, CA 93406
4. Conco En,
P.O. Box
San Luis
5. R. Burke
P.O. Box
San Luis
;ineering, Inc. $8,344.00
511
Obispo, CA 93406
Corporation $8,930.00
957
Obispo, CA 93406
Wayne Peterson, City Engineer, recommended that after the review of-the bids,
that the contract be awarded to the Madonna Construction Co. in the amount
of $7,380.
On motion of Councilman Jorgensen, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4141 (1979 Series), a
resolution of the Council of the City of San Luis Obispo allocating capital
outlay funds for construction of Madonna Road Plaza Entrance Revision
(City Plan No. B -45).
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
On motion of Councilman Jorgensen, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4142 (1979 Series),
a resolution of the Council of the City of San Luis Obispo awarding the
Madonna Road Plaza Entrance Revision contract to Madonna Construction Co.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
B -2. The City Clerk reported on the following bids received for the
Phoenix Pedestrian Walkway - City Parking Lot No. 12, City Plan No. D -39:
Engineer's Estimate: $20,342.00
1
1
1
1. R. Burke Corporation
P.O. Box 957
San Luis Obispo, CA 93406
2. Madonna Construction Co.
P.O. Box 910
San Luis Obispo, CA 93406
3. W.A. Gus Howie
1813 Marsh Drive
San Luis Obispo, CA 93401
4. Walter Brothers Const.
P.O. Box 809
San Luis Obispo, CA 93406
5. Conco Engineering, Inc.
P.O. Box 511
San Luis Obispo, CA 93406
City Council Minutes
December 4, 1979 - 4:00 p.m.
Page 7
$21,464.00
$25,480.00
$26,698.00
$29,001.00
$39,786.00
Wayne Peterson, City Engineer, stated that after review of all the bids
received, the bid of R. Burke Corporation in the amount of $21,464 should
be awarded..
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4043 (1979 Series), a resolution
of the Council of the City of San Luis Obispo allocating additional revenue
sharing funds for construction of Phoenix Pedestrian Walkway (City Plan No.
D -39).
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
On motion of Councilman Jorgensen, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4044 (1979 Series), a resolution
of the Council of the City of San Luis Obispo awarding the Phoenix Pedestrian
Walkway contract to R. Burke Corporation.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin, and Mayor Cooper
NOES: None
ABSENT: None
The City Council adjourned to Executive Session at 4:50 p.m.
The City Council reconvened in Regular Session at 5:20 p.m.
There being no further business to come before the City Council, Mayor
Cooper adjourned the meeting at 5:20 p.m. to 7:30 p.m., Tuesday, December
4, 1979.
APPROVED BY COUNCIL ON: 2/5/80
J itzpatrick, City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 4, 1979 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Invocation by Reverend Fred Wymore, Foursquare Gospel Church
Roll Call
Councilmembers
PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and
Mayor Lynn R. Cooper
ABSENT: None
City Staff
PRESENT: Lee Walton, Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Director
of Community Development; Richard Minor, Fire Chief; Roger
Neuman, Police Chief
13. The City Council held a public hearing to consider a recommendation of
the Planning Commission to consider a Level I (604 - A).sewer deficiency in con-
junction with a request to build a new 8 -unit apartment located at 146 Stenner
Street, R -4 zone; Henrik Nielsen, applicant.
Henry Engen, Community Development Director, stated that the applicant was asking
City approval of a minor subdivision to combine two lots and for a building permit
to construct eight apartments. Since sewer lines serving the area were substandard,
city Ordinance No. 604 -A required the Commission to hold a hearing on the deficiency
and recommend appropriate remedial measures to the Council.
After the public hearing, the Planning Commission recommended that in view of the
fact that this eight unit development would represent an increase of less than 1%
in total flows at the deficient mains and since the needed 8" bypass would hopefully
be funded in the near future, this development could be permitted to go forward.
It was.the Planning Commission's opinion that it would not be out of order to
require some contribution from this developer for the cost of the project required
to eliminate the deficiency. Therefore, the Planning Commission recommended that
the Council do the following: 1) The subject development be permitted to proceed;
2) Consideration be given to imposing a more -or -less arbitrary fee for their share
of the needed deficiency elimination project of between $750 to $1,000; 3) Staff
to undertake s tudy leading to a citywide policy and /or fee schedule for
sewer connection /acreage fees to finance needed sewer capital improvements.
Mayor Cooper declared the public hearing open. No one appeared before the
City Council for or against the proposal. Mayor Cooper declared the public
hearing closed.
Councilwoman Billig stated.she would accept the recommendation of the Planning
Commission, approve this development, and direct the staff to establish a sharing
procedure on a fair and equitable basis.
Councilman Jorgensen agreed that a formula should be revised to allow developers
to pay their share of the utility cost when their development were overloading
the various lines.
On motion of Councilman Jorgensen, seconded by Councilman Bond, that the project
be allowed to proceed under the conditions that a $750 fee be imposed as the
applicant's share of correcting the sewer deficiency and that the staff be directed
to undertake a study leading to a city -wide policy and /or fee schedule for sewer
connection, acreage charges to finance needed sewer capital improvements. Motion
carried, all ayes.
14. The City Council held a public hearing to consider the recommendation of
the Planning Commission to rezone about 30 acres at the northwest corner of South
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 2
Higuera Street and Tank Farm Road from C -H -SP (service commercial, specific plan)
to A -C -20 (agricultural conservation, 20 acre minimum lot size); City of San Luis
Obispo, applicant.
Henry Engen, Community Development Director, reviewed the actions of the Planning
Commission, in bringing this property in to conformity with the City's General
Plan.
Mayor Cooper declared the public hearing open. No one appeared before the City
Council for or against the proposal. Mayor Cooper declared the public hearing
closed.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following
ordinance was introduced: Ordinance No. 833 (1979 Series), an ordinance of the
City of San Luis Obispo amending the official zone map of the city to rezone
property at South Higuera, Meissner Road to Tank Farm Road from C -H -SP to A /C -20;
City of San Luis Obispo, applicant.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
15. The City Council held a public hearing to consider a recommendation of
the Planning Commission to rezone about one acre southwest of the 1600 block of
Fairview Street from R -3 -S (medium high density residential, special consideration)
to R -2 -S (medium denisty residential, special consideration); City of San Luis
Obispo, applicant.
' Henry Engen, Community Development Director, reviewed the proposed rezoning with
the City Council, stating that this rezoning was originally recommended by the
Commission when they considered the General Plan amendment in this area and that
the City Council concurred by initiating this amendment. The Commission considered
this item on November 14,.197.9.
Mayor Cooper declared the public hearing open. No one appeared before the City
Council for or against the proposed ordinance. Mayor Cooper declared the public
hearing closed.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following
ordinance was introduced: Ordinance No. 834 (1979 Series), an ordinance of the
City of San Luis Obispo amending the official zone map of the city to rezone
property at the southwest of the 1600 block of Fairview Street from R -3 -S to
R -2 -S; San Luis Obispo, applicant.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
16. The City Council
Dr. Benjamin G. Cox, Jr.,
deny use permit U0797 for
at 3100 Johnson Avenue.
held a public hearing to consider an appeal by
from a decision of the Planning Commission to
a school use in a portion of his home located
Ken Bruce, Senior Planner, presented the action of the Planning Commission
and the recommendation that the use permit be denied. He continued that the
applicant proposed to operate a college level school in his residence with
enrollment limited to nine students and five staff members. He continued that
the house had several thousand square feet of floor area; fourteen parking spaces
were to be provided in an existing paved area, in addition to the three -car
garage. The existing driveway and front gate would have to be widened to meet
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 3
the 16' width requirement of the Zoning Ordinance. He continued that the zoning
ordinance allow "Public and Parochial Schools" in all residential zones, subject
to the approval of a use permit by the Planning Commissin and 40,000 square foot
lot size requirement. The minimum parking requirement of one space per each
classroom and one space per each office would be exceeded by the applicant. It
should be noted that the site and house would be used for both a school and a
home. The applicant had not defined which rooms were to be used as classrooms
and which were to be for living purposes. It should also be noted that the ,
applicant had an approved home occupation permit, allowing a limited medical
practice of neurology to take place in the house. One of the conditions of the
home occupation would be that the home occupation would be incidental to resi-
dential use. After public hearing, the Planning Commission denied the use
permit for the following reasons: 1) The proposed project would be detrimental
to the health, safety and welfare of persons living or working in the area; 2)
The proposed project was not appropriate at the proposed location and would not
be compatible with surrounding land use.
Dr. Benjamin Cox appeared before the City Council on behalf of his appeal of
the Planning Commission to deny his use permit. He stated he wished to appeal
the first reason for denial as proposed project being detrimental to the health,
safety and welfare of persons working or living in the area. He felt that the
reason for denial was not made known to him nor were possible alternatives
presented so that corrective measures might be taken in order to satisfy the
condition.
Two, he wished to appeal the second reason for denial, that is, that the proposed
project was not appropriate at the proposed location and would not be compatible
surrounding land use by stating that the proposed project is, in fact, a
school offered to the general population in need of such learning and is
not meant to be construed as a college or offering a curriculum of a
highly specialized nature, but rather, is more adaptable for the general
population. The reason for the addition of the course curriculum to the
Use Permit Application was at the request of the Planning Commission Staff
that he offer unquestionable proof that the proposed project was, in fact,
to be a school. His endeavor was to offer accreditation for courses given if
this was the condition imposed by the Planning Commission Staff. Otherwise,
an accreditation process would not be necessary for the proposed school.
He concluded his comments by saying he wished to comply with whatever was
necessary according to the Planning Commission or City Council to allow
the proposed school use in a portion of his existing home. He asked for
approval and direction in this matter.
Glenna D. Dovey, 3170 Flora Street, stated that she was opposed to the use
permit. She felt the Planning Commission had studied it well and that
while the notice may not reflect this to the Council, full exposure to this
proposal was made at the Planning Commission. Her main worry was the safety
at this extremely busy intersection by having an additional school in and
out from a business entrance so close to the Johnson Avenue - Laurel Lane
intersection.
Gordon Gall, 3150 Johnson Avenue, located on the easterly side of Dr. Cox stated
he was opposed to the proposed development. He stated he had lived in this
location for 11 years. He stated the City had taken away some of the pine
trees in the area, and if the wall was taken down, it would change the appearance
of the neighborhood. He stated he was opposed to the operation of a school
at this location.
Mayor Cooper declared the public hearing closed.
Dr. Benjamin Cox again stated that he would comply with any and all conditions
established by the City in order for them to operate this school, including
the widening of the existing driveway at the front gate and the front gate to
a minimum width of 16 feet along its entire length, if necessary. Also, he
did not feel it was necessary but that he would go along with whatever the
Planning Commission and Council decreed.
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 4
Councilman Jorgensen stated he sympathized with Dr. Cox's problem but he
felt that this proposal was wrong for the R -1 Zone. He felt that by adding
14 students and staff to the single - family neighborhood was incorrect. He
felt the use requested was more a commercial use than a residential use.
He felt the City Council should follow the General Plan and deny this use
permit.
Councilman Bond - stated he agreed with the comments made by Councilman Jorgensen.
' Councilman Dunin stated he, too, supported the Planning Commission. He felt
this was an excellent, fine residential district and should not allow further
commercial use. He felt that adding more traffic to Johnson Avenue was
wrong.
Councilwoman Billig supported the appeal. She felt that this service to be
provided was needed in the community, that it was a small group of people
involved, was not a major school, and she felt that it was in conformance
with the general plan and the zoning ordinance which would allow this type
of operation. The application was offering to resolve the traffic question
posed by neighbors.
Mayor Cooper stated he agreed with the comments of Councilwoman Billig.
On a motion of Councilman Jorgensen, seconded by Councilman Bond, the
following resolution was introduced: Resolution No. 4046 (1979 Series),
Denying the Use Permit.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, and Dunin
NOES: Councilmembers Billig and Cooper
ABSENT: None
Mayor Cooper declared a recess at 8:05 p.m.
The Council reconvened at 8:20 p.m. All Councilmembers were present.
18. At this time, the City Council considered a resolution denying an
appeal by the San Luis Obispo Boarding House Company, from a decision by the
Planning Commission in denying the use permit to allow a fraternity at
1700 Osos Street.
On a motion of Councilman Bond, seconded by Councilwoman Billig, the following
resolution was introduced: Resolution No. 4045 (1979 Series), a resolution
of the Council of the City of San Luis Obispo denying an appeal from a Planning
Commission denial of application for use permit (1700 Osos Street). Denial
was based on materials and statements set out above. The Council found as
follows: 1) Applicant was presently unable to provide adequate parking
under City standards either on -site or off -site; 2) The activities of the
fraternity in residence, that was the fraternity which now occupied and
would continue to occupy 1700 Osos Street under the use permit, since
approximately January 1979 had demonstrated that granting the use permit
would be detrimental to the welfare of persons living or working in the area;
3) The fraternity use was not appropriate at the location and would not be
compatible with surrounding land use.
' Resolution passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Jorgensen, and Cooper
NOES: None
ABSENT: None
19. The City Council considered a report by the City Attorney on the
rules and regulations for the establishment of a Tenant - Landlord Mediation
Board (continued from October 30, 1979).
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 5
George Thacker, City Attorney, presented his proposed guidelines for the
Rental Housing Mediation Board and reviewed the proposals with the City
Council, such as memberships, terms of office, functions and duties of the
Board, meetings of the Board, what records must be maintained, what procedures
governing mediation must be followed, etc.
The City Council discussed with the City Attorney some of the provisions and
procedures of the proposed Rental Housing Mediation Board.
Mayor Cooper suggested that the City Council should look at the Rental Housing
Mediation Board Ordinance in the City of Santa Cruz, which he felt had had a
successful experience.
George Thacher, City Attorney, stated that the Palo Alto Board has been in
affect for a number of years and has been very successful in achieving
mediation of rental tenant problems.
On a motion of Councilman Bond, seconded-by Councilwoman Billig, the matter
was referred to the Human Relations Commission and the Citizen's Advisory
Committee for study and recommendation back to the City Council. Motion
carried.
17. The City Council considered a recommendation from the Planning
Commission to deny the tentative map for Tract No. 735, a proposal to create
a 21 -lot residential subdivision on about 60 acres or on the east flank of
San Luis Mountain and at the southerly end of Hill Street, adjacent to
U.S. Highway 101. Present zones: A /C -20 and R -1 -S zones; Cuesta Valley
Properties developer.
Ken Bruce, Senior Planner, presented the recommendations of the Planning
Commission, which on a 3 -to -3 tie vote, recommended that the City Council
deny the tentative map for Tract No. 735.
The Commission continued the use permit application for this subdivision
pending Council action on the tract map.
Ken Bruce reviewed for the City Council the background on this particular
piece of property, during the general plan studies, and since that time. He
also reviewed the consistency of this property in the general plan.
He concluded his comments by stating that the project site and tentative
map design appeared to be in conflict and inconsistent with some elements of the
adopted general plan. The elements in question were the Land Use, Open Space,
and possibly the Safety Element.
Land Use Element: Land use designation of agriculture /conservation; urban
reserve line; and the urban services extension.
Open Space: Land use designation of open space, scenic sensitive area.
Safety Element: Land use in areas of significant potential hazards.
Not noted in the EIR was the following policy of the General Plan Safety
Element:
"Development should be generally excluded from area of
extreme and high wildland fire danger. Development should not
be permitted in areas of moderate fire danger without an
examination of its vulnerability to fire and its potential for
starting one. Wood -frame and other combustible structures and
untreated wood -shake roofs should be prohibited in areas of
extreme and high fire danger and carefully evaluated in
moderate - danger areas."
The Safety Element map showed portions of the proposed site as extreme and
moderate fire dangers. The general plan policy may be able to be mitigated
by a revised subdivision design and special conditions relating to the
development of the lots.
1
1
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 6
In taking action to approve a subdivision, the State Subdivision Map Act
requires specific findings to be made. If all findings cannot be made, the
tentative map shall be denied.
Mayor Cooper declared the public hearing open.
Tom Maples, representing Merriam Deasy & Whisenant, reviewed for the City
Council the proposal of Cuesta Valley Properties to develop the property on
San Luis Mountain with 21 lot residential developments. He reviewed
specifically for the City Council some of the criticisms presented of the
development when it went before the Planning Commission, such as: 1) E.I.R.;
2) Water service; 3) Drainage on site; 4) Noise; 5) Visual affects on the
community.
He then read various sections of the E.I.R. which showed that mitigation
measures had been taken at the objection of the Planning Commission and
the neighborhood. He did not feel that this approval set any precedent as
they were developing the property in all cases to R -1 specifications and
conditions.
Citizens' Advisory Committee of the City of San Luis Obispo, submitted
their Resolution No. 79 -3, urging that the San Luis Obispo City Council
establish guidelines prior to any development of Hillside property within
the City limits.
Gini Allen, Planning Consultant for the League of Women Voters, presented
a letter from the League stating they wished to express their concerns
regarding the proposed 21 -lot subdivision on San Luis Mountain. The League
of Women Voters supported strict adherence to the adopted general plan and
enforcement of zoning that would implement the general plan. The general
plan map designated a portion of this property as Agricultural /Conservation,
and therefore was not zoned for subdivision development. Additionally, general
' plan policy stated that "the City should not provide or permit delivery
of city water or sewer to home sites above the 320' elevation." The League
of Women Voters requested that this policy be enforced.
The League's position supported high standards of aesthetic and environmental
quality, including preservation of vistas and skyline. As stated in the
focused E.I.R. for the proposed project, Cerro San Luis Obispo was a major
natural landmark and, "any—grading—and development would be visible from
several viewpoints in town and would change existing views."
Because the project conflicted with the general plan and because concern
existed with regard to protection of a major natural resource, the League
of Women Voters of San Luis Obispo requested careful consideration of the
project as proposed.
Dr. Bramwell Anthony, 575 Hill Street, submitted to the City Council a
petition signed by 600 signers stating as follows:
"Our hillsides and mountains are valuable community resources which
contribute to the unique character and beauty of the City of San
Luis Obispo. They form a natural scenic backdrop enjoyed by all
who live or visit here. They should be protected and preserved
both for ourselves and for future generations.
' The currently proposed twenty -one lot subdivision on San Luis
Mountain (Tract 735) would have a significant adverse
visual impact on the community, and, if approved, would
establish a dangerous precedent for further high density development
on scenic and geologically sensitive land throughout the city.
We the undersigned residents and voters in the City of San
Luis Obispo urge the City Council to preserve San Luis Mountain
and to deny the twenty -one lot subdivision known as Tract 735."
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 7
Dr. Anthony continued that the description of the 21 -lot development on
60 acres gave the impression that the 21 units would be spread out over
60 acres instead of being limited to 9 acres. In the event of a mud slide
and damage to this property it would effect all property further down the
hill. Since Hill Street was a privately owned street, what obligations did
the present residents of the street have regarding this development.
He continued he wished for more clarification from the City on the drainage
and mud slides which he said have happened a number of times in the past at
the lower level where he resides. He says that they have had much trouble
with that and he was afraid that opening up additional ground above would
cause more and more problems to the lower areas of the community.
Jan Clucas, Chairperson, San Luis Obispo Chapter of the Sierra Club, stated
that she was appearing on behalf of the Sierra Club urging the Council to
deny the 21 -lot subdivision known at Tract 735. She stated that the San
Luis Chapter of the Sierra Club had long advocated the preservation of the
unique and historic peaks and they had supported every effort to keep these
rare and beautiful slopes free of man's impact. Without a comprehensive
conservation development plan for the peak area on the part of both the
City and County, approval of this project would be premature. She stated
they agreed with the citizens from San Luis Mountain as stated in the
petition that development, "would have a significant adverse visual impact
on the community." Despite a commendable effort by the desires to minimize
the visual impact of the subdivision, buildings on the upper lots would be
highly visible from many parts of the City. Should the Council ever decide
to approve the proposal, it should do so only if lots 15 through 21 were deleted
and Hill Street and the cul -de -sac should not be extended.
In addition, the scenic portions of the land of the tract should be dedicated
to the City as open space and not be left in private ownership. This was
necessary to guarantee that it remains open.
The Sierra Club sincerely urged the City Council to deny the project and ,
spare the flanks of San Luis Mountain from further marks of man. They
recommended that the Council take the initiative of preparing a plan that
would assure the preservation of this magnificent natural resource for the
benefit of generations to come.
Rick Burt, 534 Broad Street, was opposed to this development and he did not
feel that the questions of traffic, water shed drainage, view of the mountain,
and the grading of soils on the mountain had been adequately answered either
by the EIR developers or the City staff. He gave examples of past problems
of drainage in this area.
Tom Schumann opposed to this development due to the damaged and the aesthetic
value of the mountain. He felt this proposal would destroy San Luis Mountain,
which is a tourist attraction and brings people to San Luis Obispo.
Marcello Cucispy, Cal Poly Architectural Instructor, stated he was opposed
to the development due to the loss of visual impact of this mountain on the
community. He did not feel that the property owner had the right to develop
this property if it damaged the visual, natural beauty of the area for the
rest of the citizens.
Phillip Burt, 475 Hill Street, was opposed due to the unanswered questions
of traffic, circulation, drainage, etc.
Gary Peters, 523 Hill Street, was opposed to this development as he, too, did
not feel that the matters of drainage, erosion, and mud slides had been
adequately looked at by the developer, the EIR, or City.
Richard Kressa, San Jose Court, in support of rejection of the proposed
development on San Luis Mountain. He was opposed because of the drainage
problems, erosion, loss of open space, etc. He urged the Council to deny
the tract.
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 8
Thomas Rice, 500 Mountain View Avenue, opposed due to the erosion and drainage
problems that he has experienced as a resident of San Luis Mountain for over
30 years. He further stated that this mountain just seems to constantly have
water and mud slide problems occurring. He urged the Council to deny this
as he did not feel that these problems had been adequately answered.
, 315 North Broad Street, opposed to this development
' due to the drainage problems, the erosion of slopes, and other problems
dealing with development of steep hillsides in San Luis Obispo.
Dale Hull, 652 Lincoln Street, was opposed due to traffic problems and the
lack of solutions to the drainage and erosion problems inherent with San
Luis Mountain.
Judy Neuhauser, Environmental Center, stated she felt that this project constituted
a precedent - setting example. She did not feel that the EIR had adequately
exposed the mitigations of such items as noise, traffic, erosion, drainage,
etc.
Malcolm-Keys, Hill Street, opposed the development due to the damage to the
wild life and the unanswered questions of drainage and erosion.
Newman, 1970 Chorro Street, opposed due to damage to down -
streams caused by erosion.
Don Smith, Perfumo Canyon Road, opposed the development of San Luis
Mountain. He felt this particular tract was poorly developed, was not
needed, did not adequately address drainage or erosion controls. He
felt the visual impact on the City was detrimental. He also urged the
City not to allow an extension of Hill Street around the mountain. He also
questioned the conditions of the so- called open space agreement.
Andrew Merriam, Consultant for the Developer of Tract 735, felt that the
question of drainage had been mitigated and answered in the EIR and by
their careful development of the tract. He continued that the developer
had complied with every provision laid down by the general plan, zoning
ordinance, and City staff. He also stated that they had complied with
all conditions of the grading ordinance, sub /division ordinance, etc., and
he felt that the City Council should approve the development as it complied
with all City laws.
Finally, he offered a compromise to reduce the number of lots by five (5),
to a total of 16 rather than 21 as originally proposed by the developer.
Tom Rice, resident of Mountain View, asked why doesn't the City buy this
large parcel and develop it into a City park or open space. He felt that
this was a good area for a park.
Phillip Burt, Hill Street, felt that the developer was unfair in that at the
last minute he offered to drop four or five lots. This was not the issue.
The issue was to protect the mountain from any development improperly done.
Mayor Cooper declared the public hearing closed.
Upon question, George Thacher, City Attorney, stated that any change to the
tract content or size could be considered by the Council at this public
hearing; but, it must be referred back to the Planning Commission for any
amendment or change to the sub /division by referring it back to the Planning
Commission for their consideration and further recommendations to the City
Council.
Mayor Cooper declared a recess at 10:05 p.m.
City Council reconvened at 10:15 p.m. All Councilmembers present.
Charles French, developer for Cuesta Valley, stated that he withdrew
the compromise submitted by Andrew Merriam to reduce the number of lots
and asked the City Council to decide on the 21 -lot sub - division that is
before them at this time.
City Council Minutes
December 4, 1979 - 7:30 p.m.
Page 9
Councilman Dunin stated that it was a difficult decision for the City
Council as the City Council now had no policy before them on development
of hillsides. Without this policy, the City Council had no precedent for
hillside development. He agreed with the suggestions that the City purchase
portions of the hillside to be used.for open space. He was opposed to this
development due to: 1) density was too high for the area; 2) he did not feel
the developer had mitigated the problems of drainage; 3) he did not feel that
the traffic problems had been mitigated as there was quite an increase with
the development on already over - burdened streets. He would support the denial
of the development until the tract had been redesigned mitigating all of the
objections.
Councilwoman Billig stated that she felt that until the City adopted a policy
on hillside development, the Council would always be required to be the court
of last resort on this type of development. She would oppose the development
of Tract 735 because: 1) Insensitivity to San Luis Mountain, both physically
and aesthetically; 2) density was too high for the slopes; 3) the drainage
problems had not been mitigated; 4) no correction to possible erosion
problems; 5)streets were poorly designed; 6) no realistic mitigation of
noise from adjacent freeway; 7) opposed to extension of Hill Street around
the mountain; 8) opposed to any water service over 320 feet elevation and
the use of pumps for service.
She would deny and urge the property owners to come back with a more sensitive
development proposal.
Councilman Jorgensen stated he could not support the tract, either this
layout or the development proposed. He would deny it due to the drainage,
sheetflow, and erosion on this mountain. He felt that the density was too
great with this attendant increase in traffic over already over - burdened
streets. He also felt the loss of open space was a major loss to the City
of San Luis Obispo and also loss of visual impact to the City. He would urge
denial of Tract 735.
Finally, he felt the City Council should give the property owners some
guidance for development. He suggested that the lower area be recommended
for developer with less density and below visual impact line, and all open
space be dedicated to the City. He felt the Council should take a strong
stand on hillside development and require some guidance for development.
Councilman Bond felt the City Council should adopt some hillside standards
for guidance of the property owner. He did not support Tract 735. He did
not feel that the drainage questions or noise had been adequately answered
by the developer or the EIR.
On a motion of Councilman Bond, seconded by Councilwoman Billig, the following
resolution was introduced: Resolution No. 4047, a resolution denying Tract
Map No. 735, motion carried on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
1
1
20. The City Council discussed the proposed reorganization of the
Engineering Division by the City Administrative Officer Lee Walton.
Councilman Jorgensen felt that while he agreed that the CAO had a responsibility
of operating the various departments of the City, he felt that the proposed
change would have long range implications in the community and he felt that
the City Council should share in this decision.
He then reviewed briefly the city organization that had been completly reorgan-
ized in February, 1975, at which time the Community Development Department was
created, putting the Planning, Building and Engineering in one department and
the Public Services Department separate. He said atthat time, one of the reasons
for the reorganization was to remove the Engineering from the Public Services
Department to allow all of the development services to be under one department
head.
City Council Minutes
_December 4, 1979 - 7:30 p.m.
. . Page 10
Engineering from the Public Service Department to allow all of the development
services to be.under one department head...
C.A.O. Walton then presented some of the background for his conclusion and
decision to place the Engineering Division of the Community Services Depart-
ment back in the Public Services Department.
He felt that Engineering, at the present time, related primarily to the
' maintenance or improvement of existing City facilities, the more traditional
public works approach; and he felt that as the main client of the Engineering
Department was the Public Service Department, that there would be more
efficiency if these two departments worked together.
Councilman Dunin felt that the 1974 reorganization was not successful and
had not been effective for five years, which he felt was a fair trial. He
would support the new.approach of the.-Administrative Officer for only one
year, at which time the City Council could again look at.the situation and
see which way was providing.the best service to the public and to the City
of San Luis Obispo.
Councilwoman Billig stated that while she had total confidence in the C.A.O.'s
ability, she felt this was a difficult decision to make after one year. She
felt the proposed reorganization.was an administrative decision and not for
the Council. She continued,.though, that she felt -the Community.Development
Department concept was a good one; much thought had gone.into this but for some
reason, possibly personality, it had not been implemented as designed, or successful
in San Luis Obispo.- She also felt that her main.worry was how this organization
would input the City's most important planning program.
She then listed a number of.apprehensive.feelings - she had.in this proposed
organization. She felt that Mr. Romero; Public.Service Director, must
make a- personal commitment.to the City to follow the policy.of the,Council
and to cooperate with Planning. She basically.was not supportive.of the.
proposal but also wanted to cooperate with the Administrative Officer in
his role.
Councilman Bond felt that the reorganization or:operation-of the City was
the responsibility of the Administrative Officer. He felt that.if there
were any personality problems or conflicts between department heads, it wad
up to the C.A.O. to settle these-'and not bring them back to the Council.
He felt it was the.C.A.O.'s head on the block if. this. proposal. did not work.
Councilman Jorgensen stated-he did not wish "anyone to think he was.critical
of the•C.A.O. personally, but he just.asked.these:questions to see if the
study was made in depth.for.changing..- He said that this has not been done
and he i7as afraid that this would not solve problems in the organization.
He stated that the 1975 reorganization plan had been long time in-developing,
that it had received support of the City Council and that if it did not work,
he did not feel it was the fault of the organization,,but rather the fault
of. certain individuals who.would.not comply with what the Council or the
Administrator directed. .
Mayor Cooper stated that he would whole - heartedly support the work of C.A.O.
Walton and that if he wanted to reorganize the department this way, then it
was his responsibility and he would have to live with it.
Mayor cooper moved that the City Council affirm the decision fo the
C.A.O. and support the reorganization.
Motion loss for a lack of a second as the City.Council felt no action should
be taken as it was determined to be an administrative matter.
There being no further business to come before the City Council, Mayor
- Cooper adjourned the meeting to:12:00•p.m. Monday, December 17,-1979.
APPROVED.BY COUNCIL.ON:.2 /19/80
J tzpatrick, City Clerk