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HomeMy WebLinkAbout12/18/1979M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL _ - CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 18, 1979 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET 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; Roger Neuman, Police Chief; Dave Romero, Public Services A. On a motion of Councilman Dunin, seconded by Councilman _Jorgensen, Linda Ewing was appointed to the Citizens' Advisory Committee to complete the term of Delphine C. Silva who resigned. Her term will expire June 30, 1983. The motion was carried. 1. The Council to consider an amendment to Article II, Chapter 8, 604 -A Resource Capability Ordinance was continued to the first available Study Session due to the complexity of the subject. 2. On a motion of Councilman Jorgensen, seconded by Councilwoman _Billig, the following resolution was introduced: Resolution No. 4049 (1979 Series), a Resolution of the Council of the City of San Luis Obispo establish_ , ing fees for selected planning services (Condominimum Conversion Application $200). Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None 4. The City Council to consider the plans and specifications for Jack House Renovation, Phase I, CIP #911, bid estimate $30,000. The City Council reviewed the plans and specifications. Phase I would include: 1. Relocation of existing wash house. 2. Construction of a new multi - purpose structure that would: a. Men's and women's restrooms b. Convenience kitchen c. Multi- purpose room After discussion and on a motion by Councilman Jorgensen, seconded by Councilwoman Billig, the plans and specifications were approved with the addition of eight feet on the Multi- purpose room. City staff was authorized to go to bid. Motion carried. C -1 On a motion by Councilman Dunin, seconded by Councilman Bond, claims against the City for the month of December 1979 were approved subject to the approval of the Administrative Officer. Motion carried. City Council Minutes December 18, 1979 - 4:00 p.m. Page 2 C -2 On a motion by Councilman Dunin, seconded by Councilman Bond, the minutes of the Council meetings of November 12, 1979 - 12:10 p.m., November 13, 1979 - 7:30 p.m., and November 20, 1979 - 4:00 p.m. were approved as corrected. Motion carried. C -3 On a motion by Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4050 (1979 Series), a resolution of the Council of the City of San Luis Obispo endorsing the application of San Luis Garbage Company for funding under the Litter Control Recycling and Resource Recovering Act of 1977. This was passed and adopted on the following Roll Call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Cooper. NOES: None ABSENT: None C -4 On a motion of Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4051, (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the City of San Luis Obispo Housing Authority for property management services (1020 Walnut Street). This was passed and adopted on the following Roll Call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Cooper. NOES: None ABSENT: None ' C -5 State Safer Off -Road Funds agreement was continued for further documentation. C -6 Amending of the Joint Powers Agreement for Self- Insurance was continued for further information. C -7 On a motion of Councilman Bond, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 4052, (1979 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appropriations for the 1979 -80 Fiscal Year (City Newsletter). This was passed and adopted on the following Roll Call vote: AYES: Councilmembers Bond, Jorgensen, Billig and Cooper. NOES: Councilmember Dunin. ABSENT: None C -8 On motion of Mayor Cooper, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 4053 (1979 Series), a resolution of the Council of the City of San Luis Obispo finding and ' determining that Fire Engineer Richard Reppert is disabled. Passed and adopted on the following roll call vote: AYES: Mayor Cooper, Councilmembers Jorgensen, Billig, Bond and Dunin NOES: None ABSENT: None City Council Minutes December 18, 1979 - 4:00 p.m. Page 3 C -9 On a motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4054, (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Steven R. Nelson and David S. Grow for installation of water system improvements in accordance with Municipal Code Section 7410.9, Subsection 1. Passed and adopted on the following roll call vote: I AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper 140) l.��� - t - ABSENT: None C -10 On motion of Councilman Dunin, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4055 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Richard L. Schenberger and Kay F. Schenberger providing for the City to complete the widening along the northeasterly side of the street from Monterey near Pacific Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -11 On motion of Councilman Dunin, seconded by Councilman Bond, claim against the City by I. Naccasha for medical expenses for injuries incurred ' when his bike was hit by a car from behind was denied. Motion carried. C -12 On motion of Councilman Dunin, seconded by Councilman Bond, claim against the City by Donald Dwyer in the amount of $500,000 for damages incurred as a result of the city denying sewer service to his property located outside the city was denied. Motion carried. C -13 On motion of Councilman Dunin, seconded by Councilman Bond, Traffic Committee Minutes of the meeting of November 2, 1979 were ordered received and filed. Motion carried. B -1 The City Clerk reported on the following bids received for "RESCUE VEHICLES FOR THE FIRE DEPARTMENT ", bids opened Wednesday, December 12, 1979: Hysen- Johnson Ford, Inc. $8,614.97 P.O. Box 1208 less trade (12900.00) San Luis Obispo, CA 93401 net price $6,714.97 Stanley Motor Co., Inc. $7,887.34 1330 Monterey Street less trade (1,000.00) San Luis Obispo, CA 93401 net price $6,887.34 Liberty Ford 2855 Foothill Blvd. LaVerne, CA Communication from Ric the bids received for the low bid of Hysen -J On motion of Councilma of Hysen- Johnson Ford, issue a purchase order $8,378.70 less trade (1,000.00 ) net price $7,378.70 hard L. Minor, Fire Chief, stated that they had reviewed the "FIRE DEPARTME NT RESCUE VEHICLES" and recommended that ohnson Ford of San Luis Obispo be accepted. :i Jorgensen, seconded by Mayor Cooper, that the low bid Inc. be accepted and that the staff be authorized to for purchase of the vehicle. City Council Minutes December 18, 1979 - 4:00 p.m. Page 4 5. Sewer Service Report prepared by the Community Development Department (continued from December 17, 1979 study meeting). The City Council then discussed with Mr. Sanville, as the lead planner, and Mr. Engen, the Community Development Director, the service plan as suggested by the Community, Development Department and also discussed population as it applied to the capacity of the plant and the years for implementation. No decision was made on the service area plan suggestion but was continued by the City Council for a future public hearing. 6. Small -lot Planned Developments (continued from the December 6 study meeting). Glen Matteson, Assistant Planner, stated that on November 7, 1979 the City Council reluctantly approved a condominium "planned development" on a 7,800 square foot R -2 lot as authorized by our present Zoning Regulations. The City Council had asked the staff to recommend minimum lot studies for planned development and condominium development. He stated that the present regulations say "Planned development districts may be permitted on any parcel or contiguous parcels of land capable of subdivision into six or more normal lots as specified by the Zoning Regulations for that zone district, except that condominium developments may be permitted on lots six thousand square feet in area or greater." Terry Sanville, Senior Planner, presented the report stating that the City of San Luis Obispo had applied for a clean water grant to help pay for changes to the sewage treatment plant on Prado Road. These changes were required by the Federal Government. To be eligible for these State and Federal grants, the City's sewage plant must be designated as a "Regional Facility ". Also, ' the city would be required to have sewage treatment available to a population of 38,353 within the service area by 1987. The City's responsibility in pro- viding treatment services issues such as when, how and where services must be provided had not been resolved. The issues were confusing and there were a number of different viewpoints, that is, the Community's Development Department, the Public Services Department, and the State and Regional Quality Control Board. The purpose of this discussion was to try and entangle some of the issues, clarify what the city's responsibility might be and offer a way of meeting State and Federal requirements. The proposed service plan was designed to be in line with the General Plan and the State's Urban Development strategy. He then reviewed several questions and answers prepared by staff dealing with what was meant by "Regional Facility" and area of service. He continued that the purpose of the plan was to outline how the city was to meet State and Federal requirements to make sewage treatment available within the adopted service area. He felt it was up to the city to maintain good quality of water in the area. At the same time the provisions of treatment services should support: 1) the orderly implementation of the city's General Plan; 2) efficient management of land resources in and surrounding San Luis Obispo. Further, provisions for this plan were aimed at meeting State and Federal require- ments and supporting the City's General Plan, Growth Management Policies and the State -wide Urban Development Strategy. He then reviewed the services affected by the plan, the sewage treatment service area, the service area population and conditions of providing service and an allocation and phasing of service. Finally, on behalf of the planning staff, he recommended that the proposed service plan or something like it be reviewed and adopted by the City Council, however before it was adopted an environmental assessment report must be prepared to comply with State EIR Guidelines and the'plan should be sent to the Regional State Quality Control Board for their review and comment. The reason for adopting a sewer service plan was so that the presidents of San Luis Obispo, property owners of the land surrounding the city and city decision makers could understand what the city would be required to do if and when it accepted the clean water grant. If the city would not be able to control the timing and phasing of sewer treatment services to unincorporated areas, the City Council should consider finding other ways of paying for changes to the sewer treatment plant rather than the grant. The City Council then discussed with Mr. Sanville, as the lead planner, and Mr. Engen, the Community Development Director, the service plan as suggested by the Community, Development Department and also discussed population as it applied to the capacity of the plant and the years for implementation. No decision was made on the service area plan suggestion but was continued by the City Council for a future public hearing. 6. Small -lot Planned Developments (continued from the December 6 study meeting). Glen Matteson, Assistant Planner, stated that on November 7, 1979 the City Council reluctantly approved a condominium "planned development" on a 7,800 square foot R -2 lot as authorized by our present Zoning Regulations. The City Council had asked the staff to recommend minimum lot studies for planned development and condominium development. He stated that the present regulations say "Planned development districts may be permitted on any parcel or contiguous parcels of land capable of subdivision into six or more normal lots as specified by the Zoning Regulations for that zone district, except that condominium developments may be permitted on lots six thousand square feet in area or greater." City Council Minutes December 18, 1979 - 4:00 p.m. Page 5 Total site area had not been an issue in most planned developments considered by the city. Nearly all PD's recently approved or under consideration by the city ranged from three to eight acres in size. The smallest PD previously approved by the city was 0.8 acres. He continued that most multi -zoned lots in the city showed about 45 vacant lots which could be development as condominium PD's on sites less than one -half acre. Most of these were between 6,000 and 8,000 square feet, hardly enough room for the site planning flexibility underlying the "planned development" concept. If the Council concurred that a one acre standa would be the best approach for the city and would like to discourage or prevent small lot PD's, they make the following recommendations as options: 1) by minute action, establish a policy of not granting any bonus for planned developments of less than one acre in size and await the comprehensive rewrite of the Zoning Ordinance from the Planning Commission; 2) adopt an interim urgency ordinance placing a moratorium on applications for PD, rezoning on parcels less than one acre until the Commission could make a recommendation on PD standards as part of the comprehensive amendment of the Zoning Ordinance; or 3) initiate a separate Zoning Ordinance amendment relative to planned developments. _Henry Engen stated that the few recommendations were in his order of preference however the City Attorney might councel a different arrangement. George Thacher, City Attorney, stated that the cleanest and best way of handling this matter was by a interim urgency ordinance placing a moratorium for a period of four months to give staff the time to study the alternatives. Councilman Dunin stated he was opposed to the City Council considering a further moratorium ordinance on anything dealing with land development. He felt the staff should proceed with the job and get the new ordinance on line. On motion of Councilman Dunin, seconded by Mayor Cooper, that this matter be removed from the agenda and be referred to the Planning Commission for con- sideration along with the Zoning Ordinance considerations. The City Council then discussed the motion and after deciding that the motion would a direction for a way for the Planning Commission to move, Mayor Cooper withdrew his second. Motion therefore lost due to a lack of a second. Councilman Jorgensen urged that a interim urgency ordinance placing a moratorium on all applications for planned development on parcels less than one acre be adopted. On motion of Councilwoman Billig, seconded by Councilman Jorgensen, Ordinance No. 835 (1979 Series), a interim urgency ordinance establishing a moratorium on accepting applications for planned developments on parcels smaller than one acre. Introduced and finally passed on the following roll call vote: AYES: Councilmembers Billig, Jorgensen, Bond and Mayor Cooper NOES: Councilman Dunin ABSENT: None Councilman Dunin asked that the following statement be placed in minutes that the Planning Commission was not to take this Council action of a moratorium as a direction from the Council of no development on property of less than one acre in size. There being no further business to come before the City Council, Mayor Cooper adjourned the meeting at 6:05 p.m. to 7:30 p.m., Tuesday, December 18, 1979. MINUTES APPROVED BY COUNCIL ON: 2/19/80�� Fi patrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 18, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET 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, E -1 Barbara Kraus requested that the City Council consider the adoption of a resolution supporting National Unity Day declared by President Carter in memory of the 50 hostages being kept in Iran. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4058 (1979 Series), a resoltion of the Council of the City of San Luis Obispo supporting National Unity Day. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper. NOES: None ABSENT: None 5. The City Council held a public hearing on the appeal of LaVerne Schneider from a decision of the Planning Commission to grant a use permit to Delta Pheta Chapter Gamma Phi Bete Sorority, located at 1326 Higuera Street. Henry Engen, Community Development Director, stated that on November 14, 1979, the Planning Commission approved Gamma Phi Beta's application for a use permit for a sorority at 1326 Higuera Street. Prior to this meeting, both the general plan and zoning ordinance had been amended to enable consideration of such a use. Henry Engen then reviewed the conditions and findings established by the Planning Commission in order to allow this use at this location. He wished to emphasize that one of the conditions- established by the Planning Commission was that the use permit shall be reviewed if any reasonably complaint is refused by the city in one year, November 1980. Staff, on behalf of the Planning Commission, recommended that the City Council deny the appeal of LaVerne Schneider. Mayor Cooper declared the public hearing open. LaVerne Schneider,, 1356 Marsh Street, said she based her appeal on (1) the use permit allowed too many people at that location; (2) no hour was set out in the use permit when the residents could have meetings and parties; (3) no conditions on the use permit were made for swimming pool hours. She felt the use permit, allowing 18 people, was an increase of over 100% of those issued by the Commission in the last= couple of years. She felt that this would set a precedence for .future developments of this type-of housing. She stated that the number of occupants in the remaining houses on the even and odd - numbered sides are less than 18. She felt that a sorority house created a different type of climate in a residential neighborhood and urged that the City Council deny the use permit and now allow this sorority to be at this location. City Council Minutes December 18, 1979 - 7:30 p.am. Page 2 Ms. Schneider wished to remind the Council that she had collected a great number of signatures of registered voters who were opposed to this sorority. She felt there is great deal of animosity in the neighborhood towards these young women and she did not feel that this use permit would help clear this animosity. Carol Greentree, 1333 Mill Street, agreed with the comments presented by Mrs. Schneider. She felt that student housing, fraternities and sororities, I overturned the peace and quiet of residential areas. She felt stronger control should be required by the City and then enforced. Rosemary Talley , representing the sorority, requested that the City Council deny the appeal. She stated that she and the young ladies she represented will live with conditions established by the Planning Commission, and hoped that the Council would support the Planning Commission. She continued that they have parking plans into the City now.for approval which would comply with the conditions established by the staff and Planning Commission. She urged that the City Council deny the appeal. Ron , External Affairs Officer for Cal Poly, hoped that any complaints against the fraternities, sororities, or other boarding houses would be passed on to him and he would try to straighten it out as this is his job, to work with these groups living on a one -to -one basis. He further hoped that this would not be a problem in San Luis Obispo. Jean Ferrini, representing the sorority, urged the Council to deny the appeal and let the use permit stand. The members intend to be good neighbors and would comply with all conditions set by the Planning Commission. Ila Harmon, Highland Drive, stated she supported the sorority's use permit with no change. Mayor Cooper declared the public hearing closed. Councilman Jorgensen stated that everyone knew he had been opposed to the rezoning since the beginning due to its impact on the neighborhood. But, he felt that now that the decision has been, he would not support the appeal but would hope that the could move ahead in a cooperative basis. Councilman Bond stated he had no comment but he would deny the appeal. Councilman Dunin stated he too would deny the appeal. Councilwoman Billig stated that the majority of the Council had approved the zoning and she felt now that.the neighbors should try and work their problems out on a face -to -face, one -on -one basis. She would deny the appeal. On motion of Mayor Cooper, seconded by Councilman Bond, that the appeal of LaVerne Schneider be denied. Motion carried, all ayes. 6. The City Council held a public hearing to consider a proposal to _annex 2 acres on South Higuera Street for a 15 -unit low rent housing project on the.west side of South Higuera Street, south of Los Osos Valley Road. Terry Sanville briefed the proposal explaining what had happened in the past in changing the General Plan, amending the Zoning Ordinance, having it heard before the Local Agency Formation Commission who have now directed that the annexation take place. I Mayor Cooper-declared the public hearing open. Rich Chubon, Executive Director of the Housing Authority, appeared before the City Council urging acceptance of the annexation as recommended by the Local Agency Formation Commission. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support the annexation and that they had gone through this for several months and he felt it was a good addition to the community. City Council Minutes December 18, 1979 - 7:30 p.m. Page 3 Councilwoman Billig stated that she would also support the annexation. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4056 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving annexation of approximately 2.14 acres known as the "South Higuera Street Public Housing Annexation" proposal. I 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. 4057 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting negotiated exchange of property tax revenue base from the County of San Luis Obispo to the City of San Luis Obispo on the South Higuera Street public housing annexation. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None 7. The City Council was to consider the recommendation of the Planning Commission on a proposal known as Terrace Hill development, a planned develop - ment subdivision of approximately 40 acres generally bounded by Ella, Rachel, Fletcher, Bishop Streets and Sierra Way. The Council would consider the recommendation of the Planning Commission on three separate phases: 1) certification of the final environmental impact report; 2) rezoning Terrace Hill from R -1 to R -1 -S to R -1 -PD and to consider preliminary plan to allow 73 attached and detached condominium units and 9 lots for houses; and 3) consideration of tentative map for a 13 -lot residential subdivision. George Thacher, City Attorney, explained that he did not feel the City Council should hold the public hearing as their had been an error in mailing out of some of the notices of the public hearing to a number of properties, who by law, must receive not only publication notices but individual first class mail notice of the public hearing. He reviewed a recent case regarding public notice as a requirement of zoning and he felt that if the Council held a hear- ing now and made any decisions, they could be overturned by one person who had not received notice. He therefore recommended that the City Council continue the public hearing without taking testimony to a date certain and readvertise and republish the notice and mail out notices to all property owners in the general area. The City Council was upset at being required.to continue the hearing as a great number of people had appeared this evening to be heard but based on legal advice the matter was continued to Monday, January 7, 1980 at 7:30 p.m. at which time this would be the only item to be considered by the Council. The Council apologized to the public present who wished to take part but stated they would rather have the hearing done properly than to have to jeopardize it but some legality. 8. The City Council considered the final passage of Ordinance No. 833 (1979 Series), an ordinance amending the official zone map of the city to rezone property at South Higuera, Meisner Road to Tank Farm Road from C -H -SP (service - commercial, specific plan district) to A /C -20 (agriculture /conservation). Mayor Cooper declared the public hearing open. No one appeared before the City Council for or against the final passage. Mayor Cooper declared the public hearing closed. City Council Minutes December 18, 1979 - 7:30 p.m. Page 4 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Ordinance No. 833 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 iL 9. The City Council considered the final passage of Ordinance No. 834 (1979 Series), an ordinance amending the official zone map of the city to rezone property southwest of 1600 block of Fairview Street from R -3 -S (medium - high density residential) to R -2 -S (medium density residential), City of San Luis Obispo, applicant. Mayor Cooper declared the public hearing open. No one appeared before the City Council for or against the proposed final passage. Mayor Cooper declared the public hearing closed. On motion of Councilwoman Billig, seconded by Councilman Bond, Ordinance No. 834 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None There being no further business to come before the meeting, Mayor Cooper I adjourned the meeting at 8:30 p.m. to January 2, 1980 at 4:00 p.m. MINUTES APPROVED BY COUNCIL ON: 2/19/80 ,oTOa. Fitzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JANUARY 29 1980 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Roll Call COUNCILMEMBERS Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and Mayor Lynn R. Cooper Absent: None CITY STAFF ' Present: Lee Walton, Administrative Officer; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Roger Neuman, Police Chief; I1.F. Romero, Public Services Director 1. The City Council considered an amendment to the agreement between the City and the San Luis Mill & Lumber Company, Inc. for purchase of street widening. The amendment for the property was for repurchase 826 square feet of the building that was purchased by the city in the street widening area