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HomeMy WebLinkAbout11/18/1980City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 2 Mayor Cooper thanked Mr. Rice for his presentation. B. Rob Rossi, Member of the Planning Commission, submitted his resignation as a member of the Planning Commission effective immediately. His resignation was due primarily to the press of personal business. 407 11. At this time the City Council held a hearing on the appeal of Robert Griffin from a decision of the Planning Commission to recommend that the County approve a house located at the 575' elevation on a 10 -acre parcel north of Sequoia Lane and Southwood Drive. Henry Engen, Community Development Director, informed the City Council that the Planning Commission considered the County referral for a site plan for a single family home on a 10 -acre parcel north of Sequoia Lane and Southwood Drive. The Planning Commission voted on a 3 -2 vote to recommend transmitting the draft letter to the County approving the single family home but asking for certain conditions which were established by the Planning Commission. This recommendation had been appealed by a Robert Griffin and had been set for public hearing. On October 8, 1980, the staff report to the Planning Commission reflected the staff's interpretation of Council's past directions regarding development of this property. Following the public discussion, the Planning Commission reached the conclusion that the property could be developed subject to various conditions. He then reviewed the letter that the Planning Commission sent to the Council concurring with the development and establishing various comments of recommendations such as the location of the proposed house, the grading of the project and onsite services and necessary driveway permits from inside the city to serve the property. Robert Griffin, 104 Del Norte Way, stated that his appeal was based on environ- mental grounds and the process used in making the decision to concur with the County Planning operation. Be felt the Planning Commission made an error in. approving or supporting any development outside the city at an elevation over 5001. He urged the Council to deny this Planning Commission action without adoption by the City Council of a hillside management plan. He then presented 11 photo slides showing the proposed development. He again urged the Council to uphold the appeal and request that a full EIR be prepared for the site. Mike DeNeve, Chairman of the Planning Commission, appeared before the City Council, reviewed the considerations given by the Planning Commission to this referral and the steps the City Planning Commission had taken in their review. He stated that the Planning Commission in their letter recommended the following: 1) Explain Council policy to the County dealing with development elevation; 2) The intent was to achieve a more sensitive siting of the structure; 3) Include a map showing the approximate desired location of the house; 4) Address the siting and sensitivity of the structure noting minimum grading 5) State this project would not be a precedent setting nor be considered a guideline for future development in the gold tree area. Dean Shannon, Flora Street, stated he supported the proposed development by Mr. Brown, felt this was an added and fine use for this particular piece of property, that he didn't see how one house on a 10 -acre parcel would indanger the environment and he felt that none of the neighbors in the general area objected. Roger Brown, applicant, stated it was his intention not to create an eyesore. He noted the parcel map mentioned that sensitivity be a consideration in approving structures on higher slopes. It was his desire to live at the north end of the parcel. He hoped to raise poultry and other animals on this property and this could be done in an area completely hidden from the site of the city. He noted that there were more impressive building locations on the parcel but he did not select them because of the sensitivity of the site. He felt the existing road would give access to the north end with zero City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 3 visibility and zero grading. He stated that the site had a small ridge which was recessed back back making it nearly non - visible to the city. Also, the Southwood area was screened off from vision. He felt it made good sense to have an engineered sanitation system to meet the fire flow requirements to meet the fire flow requirements to minimize grading on lots, know the water is available prior to construction. He hoped the Council would act favorably on this project to the County, include conditions such as less grading at.the building site on the west and south areas, building colors to be coordinated with the natural existing landscaping, etc. He concluded his comments by stating that the County Planning Department had approved this project, and that due to the proximity of the city, they had to send the information to the city. Jay Forsythe stated that he was in support of the Brown proposal, felt it would not be detrimental to the city or to the neighborhood and would be a natural enhancement. Tom Brewer, Sydney Street, stated that he had walked the Brown property; he did not believe that the building would be detrimental to the city. Larry Gates, Johnson Avenue, stated he supported the Brown proposal to build his house where he wants to rather than where Griffin suggested it should be built. Tom Berman, 1654 Hillcrest, supported the development and urged the Council to approve the proposal as he felt it was good for the community and good for Mr. Brown. Bob McGee, E1 Cerrito Drive, supported the Brown position to develop his home on his property outside the city. He urged the Council to approve the proposal. Dennis Wheeler, 2342 Flora Street, urged development of low hillsides instead ot dEy-eloping the flat lands which would be needed for agriculture. He would support Brown's proposal. He also thought it was foolish the way 1 the city encouraged the destruction of prime agriculture land and let the low hills lie fallow. Allen Settle, Planning Commission member, stated he was opposed to this proposal and supported the Griffin appeal as he felt it would establish a precedent and woul allow development of all the hillsides in the city. He felt it was a poor location to develop, he felt the hills should be kept free and clear of development. Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support non - development in the agricultural lands of the community. He felt the development should take place in the foothills in order to preserve prime agricultural property. He felt the Brown proposal was adequate, would be handled in a sensitive way and he would support the Planning Commission action with the recommendations to the County Planning Department to make considerations on the environment, location, etc. Councilwoman Billig stated that the issue before the City. Council was not the development of the Brown residence but was the matter of elevation limits in the County and City General Plan. She felt that this development would cause drainage problems in the property below the 500' elevation. She also felt that no development should be allowed over elevations 550'.until the city adopted a hillside management strategy and plan. She also agreed that , agricultural land must be protected but should be done on a area basis and not on a piecemeal basis. She would support a house on a lower elevation but not at the 550' elevation. Councilman Munger felt that this issue should not be before the Council. He felt that this matter should have been handled by the County Board of Supervisors City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 4 but it was his feeling that this matter was before the Council for political reasons only and it should not be taking up Council's time. On motion of Councilman Bond, seconded by Councilman Munger, that the City Council deny the appeal and forward the Planning Commission letter to the County Planning Commission. Motion carried, Councilwoman Billig voting no. Councilwoman Billig stated she objected to bringing in possible political reasons for individual actions before the City Council. 12. The City Council held a public hearing to consider an appeal on 410 935 behalf of John King of a Planning Commission decision to deny the following: A. Rezoning the property known as "Cheapskate Hill" from R -1, R -2 and A /C -40 to R -1 -PD and consideration of a preliminary development plan to allow a 45 lot optional design residential subdivision located at 2877 Broad Street; B. Tentative map for Tract No. 935 to create a 45 lot residential subdivision on approximately 7.8 acres; 2877 Broad Street; R -1 -PD zoning pending. Henry Engen, Community Development Director, reported that on November 5, 1980, the Planning Commission on a 3 -2 vote voted to approve the project, deny the optional design residential subdivisions since five votes were required for the approval. On a 5 -0 vote, they subsequently to deny the PT rezoning request to R -1 -PD for 46 total units. He continued that the following changes in the project description were agreed to by the applicant's representative at the November 5, 1980 Planning Commission meeting: He concluded his presentation by stating that the staff position was that the City Council uphold the appeal and grant the project a mitigated negative declaration fora 46 -unit development. Keith Gurnee, Planner representing the developer John King, stated that the first thing that needed to be clarified was that the tract was no longer to be known as Cheapskate Hill but that a new•name of Stoneridge was to be applied. He then reviewed for the City Council the history of this tract of land which had been under consideration for a number of years. He stated that the developer had originally looked at the subdivision ordinance and zoning regulations to come up with a proposal that would use the city's optional subdivision design criteria which would allow a 25 percent reduction of lot sizes. He indicated that nine designed houses were intended for first purchase buyers which the applicant felt was the most neglected housing needed in the city. He also reviewed for the Council, the changes that had been made to the project since the last meeting to ease the concerns of the neighborhood. He noted they would reduce the number of lots by two to make 50' wide lots to keep with existing lot lines on Lawrence Drive. He stated this would also give the designs of these properties more room and would better reflect the character of the Lawrence Drive neighborhood. He indicated they were willing to reimburse the city for the lot on Rockview Place and make all street improvements. He felt the Council could make the findings in consistentcy with the ordinances. He noted that the 46 unit proposal was 90 percent less than what would be allowed by the optional design ordinance. He stated they also made refinements to the building design by mixing the units to make them more sensitive to the Lawrence Drive neighborhood. One point he took issue with on the staff's recommendation were the street yard setbacks. He noted that a 10 foot street yard set back was allowed by a 1) Reduce the number of lots from 45 to 43 and in total units from 48 to 46 dwellings; 2) Lot widths on the northerly tier of lots shall be increased from 45 ft. to 50 ft. and line up with existing lots on Lawrence Drive; 3) Storm drainage for this project would be handled by an underground drain along the northerly project boundary. For the out -city phase storm of the overall project, the detention basin solution would be dropped in favor of an off -site underground storm drain down Lawton Street to a point of adquate disposal. He concluded his presentation by stating that the staff position was that the City Council uphold the appeal and grant the project a mitigated negative declaration fora 46 -unit development. Keith Gurnee, Planner representing the developer John King, stated that the first thing that needed to be clarified was that the tract was no longer to be known as Cheapskate Hill but that a new•name of Stoneridge was to be applied. He then reviewed for the City Council the history of this tract of land which had been under consideration for a number of years. He stated that the developer had originally looked at the subdivision ordinance and zoning regulations to come up with a proposal that would use the city's optional subdivision design criteria which would allow a 25 percent reduction of lot sizes. He indicated that nine designed houses were intended for first purchase buyers which the applicant felt was the most neglected housing needed in the city. He also reviewed for the Council, the changes that had been made to the project since the last meeting to ease the concerns of the neighborhood. He noted they would reduce the number of lots by two to make 50' wide lots to keep with existing lot lines on Lawrence Drive. He stated this would also give the designs of these properties more room and would better reflect the character of the Lawrence Drive neighborhood. He indicated they were willing to reimburse the city for the lot on Rockview Place and make all street improvements. He felt the Council could make the findings in consistentcy with the ordinances. He noted that the 46 unit proposal was 90 percent less than what would be allowed by the optional design ordinance. He stated they also made refinements to the building design by mixing the units to make them more sensitive to the Lawrence Drive neighborhood. One point he took issue with on the staff's recommendation were the street yard setbacks. He noted that a 10 foot street yard set back was allowed by a City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 5 Board of Adjustment use permit and he did not understand why this approach could not be used here. He noted that the garage setback had been mitigated by their design. He stated they were proposing two alternatives to the park land dedication. One was the dedication of the one and a half acre property which the Park and Recreation Department determined was a desirable park site and exceeded the parkland dedication requirement. In lieu of this they were also proposing dedicating 46 acres of open space land to the city. He noted that no decision need be made now if the city were to require the offer to dedicate the 12 acres. Regarding, the question of mobile homes, he ' stated that the city would not be able to preclude the placement of mobile homes as of January, 1981. However, they were proposing a very strong architectural program which would require ARC approval. Regarding the drainage, they were originally proposing on open drainage swail to the back of the properties. They had been changed to provide underground coverage which would not be visually offensive. Vic Montgomery, engineer for the developer, stated that the developer did not want to build a tract of 44 houses which all looked alike. Therefore, the developer invited a number of designers and architects to submit designs for innovative buildings on the small lots proposed in an attempt to develop buildings in the 900 to 1200 square foot size to be sold to first time home purchasers. The designers' architects were asked to submit designs for a residence that would take advantage of cost cutting techniques in materials and labor and still come up with an attractive and functional home for the new owners. Mayor Cooper called a recess at 9:10 p.m., Council reconvened at 9:25 p.m., all Councilmembers present. Mike DeNeve, Chairman of the Planning Commission, reviewed for the City Council the deliberations of the Planning Commission in reviewing this proposal. He felt that the Planning Commission denied the proposal on the basis that they needed five out of seven members voting but that there was only five members present and with three voting yes and two no, it was a denial by the Planning Commission's own rules. It was not denied on the facts presented. Tom Scuhmann, Perkins Lane, stated he was opposed to allowing traffic from this tract to use Perkins Lane for egress and access to this development. Rose McKeen, Richard Street, supported this development as it was on a marginal land, neither good to farm.or graze. She felt the proposal made good use of marginal land. She supported the John King proposal. Tom Beckwith, 640 Lawrence Drive, would rather have no development behind his house but he felt it was inevitable and that the developer had tried to cooperate and take into account the neighborhood's problems. He urged support of the planned development as proposed by King. He felt he would be able to support this proposal. He stated that his neighbor, Mr. Nichols, authorized him to state that he supported the planned development also. Paul Gordon, 461 Lawrence Drive, was opposed to the proposal as he said he did not feel that the environmental impacts had been given adequate consid- eration. He did not feel that the flooding and drainage problems had been properly answered by the developer or staff. He urged the Council to deny the appeal and support the Planning Commission. He also felt the police report on potential accidents on Broad Street had not been adequately con- sidered. Roy Hanff, Lawrence Drive, fel the matter of flooding and drainage had been adequately answered. He felt that the developer would make additional rain water collect on streets and roofs and cause additional damage to the houses on Lawrence Drive. Vic Montgomery, engineer for the developer, again spoke in support of the proposal by John King and the steps taken by the developer to develop a fine environmental set up for the new owners of the property. City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 6 Mayor Cooper declared the public hearing closed. 10:00 p.m. Mayor Cooper declared a recess. 10:05 p.m. the meeting reconvened with all Councilmembers present. George Thacher reviewed the charge of conflict of interest levelled at both Mayor Cooper and Councilman Bond by Tom Schumann which he found after 1 interviewing that no conflict existed in this issue before the Council at this time. Henry Engen, Community Development Director, again reviewed with the Council the questions brought up by the public during the public portion of the hearing. D.F. Romero, Public Services Director, reviewed for the City Council: 1) the drainage proposals; 2) the sewer capacity; and 3) the access from Rockview Place; and 4) the implications of traffic from this development on Broad Street traffic. Councilman Bond stated he had no comments. Councilman Munger stated he felt it was a good project, appreciated the cooperation shown by the developer to the neighborhood, felt it was a good mix of housing units and he could support the appeal. Councilman Dunin asked for clarification of the traffic report by the Police Department. Roger Neuman, Police Chief, explained potential traffic problems between Orcutt Road and Lawrence Drive and any access to this property. Councilman Dunin continued that he felt the drainage improvements would benefit the properties along Lawrence Drive. He felt the proposal was a good buffer with Lawrence Drive residents and he appreciated that the proposal would have no grading except for streets. He would support less setback in front and more setback in the rear of the buildings. He would support the appeal. Councilman Dunin, upon question, stated he was told by the developer that he would attempt.to keep the prices of each unit between $70,000 - $75,000. Councilwoman Billig stated she did not feel that the proposal was unique and was not entitled to special considerations. She objected to looking at this development on a piecemeal basis. She would like to see a master plan of the entire holdings of the property owner both inside and outside the city and until that was done she was not sure how the Council could determine uniqueness of the development. She felt that to get additional density the developer should have come up with something better than what was presented. She felt the city should sell the lot on Rockview at the current price but she could not support the proposal. Councilman Bond felt he could uphold the appeal. Mayor Cooper stated he would support the appeal. Felt it was a good develop- ment and directed the staff to keep track of all the considerations discussed by both the Planning Commission and Council and accepted by the developer. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper On motion of Councilman Munger, seconded by Councilman Bond, the following ordinance was introduced: Ordinance No. 871 (1980 Series), an ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 2877 Broad Street from R -1 to R -2 and A /C -40 to R -1 -PD, Stoneridge; applicant, John King. (PD0890) Introduced and passed to print on the following roll call vote: AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 7 NOES: Councilwoman Billig ABSENT: None On motion of Counclman Munger, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4326 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative tract map 935 located at 2877 Broad Street (Stoneridge Tract); John King, applicant. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper NOES: Councilwoman Billig ABSENT: None On motion of Councilman Bond, seconded by Councilman Munger, that the City Council authorize the sale of the lot of the extension of Rockview Place at the original cost of the city $18,000 plus 60 percent for inflation. Motion carried, all ayes. 0866 13. The City Council considered the final passage of Ordinance No._866 (1980 Series), an ordinance amending Part 1 of Chapter 4 of Article II of the San Luis Obispo Municipal Code to provide for a Planning Commission con- sisting of five members. Councilman Dunin stated he could support the ordinance as previously adopted by the City Council. Councilwoman Billig stated she had not comment. Councilman Bond stated the ordinance should be amended not to continue the membership through June 30, 1981 but to make the new membership effective immediately. On motion of Councilman Bond, seconded by Councilman Munger, that the Planning Commission be reduced to five members immediately, terms of office to be adjusted accordingly and that Allen Settle be removed from the Planning Commission effective immediately to bring the membership in line with the new ordinance. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Munger and Mayor Cooper NOES: Councilmembers Billig and Dunin ABSENT: None 0867 14. On motion of Councilwoman Billig, seconded by Councilman Dunin, the City Council considered the final passage of Ordinance No. 867 (1980 Series), an ordinance of the City of San Luis Obispo amending the zoning regulations to allow radio and broadcasting studios and stations in the CH zone with no use permit required and the PO and M zones subject to a Board of Adjustments use permit and to delete radio studios as an allowed use in the C -N zone. 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 Councilwoman Billig, seconded by Councilman Dunin, the ordinance was introduced for final passage. Finally passed on the following roll call vote: P City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 8 AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: None 0869 15. The City Council considered the final passage of Ordinance No. 869 (1980 Series), an ordinance of the City of San Luis Obispo adding Chapter 6 to Article IV of the San Luis Obispo Municipal Code to prohibit the display and sale of drug paraphernalia to minors. 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 Dunin, seconded by Councilman Bond, Ordinance No.869 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Munger and Mayor Cooper NOES: None ABSENT: None 1052 16. The City Council considered the recommendations of the Promotional Coordinating Committee for activity grants for various groups within the City: 1. A.S.I. Cal Poly $ 1,000 2. Children's Theatre 1,500 3. Cuesta Boosters 1,000 4. Gold Coast Chorus 1,000 ' 5. La Fiesta 3,000 6. Mozart 5,000 7. County Band 1,500 8. Mustang Booster Club 1,000 9. S.L.O..Youth Symphony 1,200 10. S.L.O. County Symphony 5,000 11. S.L.O. Vocal Arts 1,000 12. Cuesta Belles 1,000 13. KCPR (Cal Poly) 1,000 (1) 14. Civic Ballet 2,000 15. Miss San Luis Pageant 300 Total $26,500 Sally Punches, Chairperson of the Promotional Coordinating Committee, appeared before the City Council and reviewed some of the deliberations made by the Committee in making the grant applications recommendations to the Council. After some discussion, the City Council added $2,750 to the San Luis Obispo Art Association. A representative from KCPR, Cal Poly, Radio Station asked for the additional funds requested to purchase remote control equipment to better their services to the community. He stated that the Promotional Coordinating Committee had ' granted $1,000 but they needed $3,340 to do the job. He asked the Council to give them the additional $2,340 to purchase the radio equipment to promote, what he felt, the City of San Luis Obispo. On motion of Councilwoman Billig, seconded by Councilman Dunin, that the City contribute a total of $3,340 to KCPR. Motion carried, Councilman Munger voting no. Bill Larsen, representing the Miss San Luis Pageant, asked for more funding.from the Promotional Coordinating Committee. He stated they only recommended $300 City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 9 for publicity and he felt that the amount they needed would be at least $2,000 from the taxpayers of the city. He felt that the amount recommended was . insufficient and he felt they were entitled to additional funds for their program. He felt that a minimum of an additional of $700 was fair to this segment of the community. After discussion with Bill Larsen, it was moved by Councilman Bond, seconded by Mayor Cooper, that the City Council support the Promotional Coordinating Committee's recommendations but add $2,750 to the San Luis Obispo Art Association, $2,240 to KCPR request and $400 to the Presidential Classroom proposal. Motion carried, Councilman Munger voting no. 854 17. The City Council discussed the proposal for purchase of the San Luis Obispo Veteran's Building by the city and lease to the Little Theatre Association for use and remodeling as a Little Theatre facility. Geoff Grote, Assistant City Attorney and Assistant to the Administrative Officer, reviewed for the City Council, the conditions of the lease from the County to the City for an option to purchase the Veteran's Memorial Building. He also then reviewed for the City Council, the proposed agreement between the City and the Little Theatre for use of a major portion of the Veteran's Building for their facility. Mayor Cooper declared the public hearing open. Allen Settle was opposed to the option by the City and opposed to the lease to the Little Theatre as he felt the remodeling was wrong to serve one small segment of the community when a great number of citizens of the city and the county would be displaced. He felt that the facility should stay as it is on one floor with no remodeling into a theatre. Ralph Folkeson stated he was opposed to the Little Theatre remodeling the building. He felt the flat floors should be left flat for the majority use of the people of San Luis Obispo. Lester Cooper, Disabled American Veterans Association, stated he was opposed to destroying the Veterans Building for use by a small group like the Little Theatre. The Veteran organization needs and wants the main room left flat for their dances, conferences, conventions, etc. [1 1 Mr. Larsen supported leaving the Vets Building as it was now and not allow it to be destroyed by the Little Theatre by building chairs, enlarging the stage, etc. He said the majority of the people in the City that used the Veterans Building do not support the Little Theatre request. Monte Mills opposed the proposal to remodel the main floor of the Veterans Building into a Little Theatre facility. He stated that the community needed a large flat floor for dancing and other uses and that this was the only building available. Laverne Schneider was opposed to the purchase of the Vets Building by the city and also objected to the city giving it to the Little Theatre to destroy for a few hundred people when it would put thousands out of its use as it was the only large flat floor in the city. She felt it was a foolish waste of city money. She said "Let the County operate it, they did a good job." She felt the Council should take into consideration, the majority of the citizens who use the Vets Building and not a small group who supported the Little Theatre. Joy Hansen, Little Theatre representative, stated she was in favor of the proposal. She felt the city needs the community theatre building for the performing arts. She felt that it they took over the main auditorium, there were still other areas available to smaller groups when the Little Theatre takes over the main auditorium. She felt that when they remodeled, they would make it available to other groups when they were not using it. Also if they could raise the money they would attempt to use notable seats in order to allow use of the flat floor by other groups. 1 City Council Minutes Nov. 18, 1980 - 7:30 p.m. Page 10 Floyd Young, representing the American Legion, informed the Council that all the local veteran groups after a meeting, were opposed to remodeling of the main auditorium into a theatre. He felt the majority of the Veteran's group use the main auditorium with the flat floor. They would have little use for a theatre type auditorium. Also, he felt the Council was unaware that there were a very small number of people and citizens support of the Little Theatre but that many thousands use the building with the flat floor. He urged the Council to reject the proposals of the Little Theatre organization. There being no one further to speak before the City Council, Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support the city's option to purchase the building from the County but would not support a lease with the Little Theatre at this time. He felt that this lease was too divisive in the community as many people were very distressed over this proposal. Councilwoman Billig stated it was very unfortunate that this issue was so divisive in the community. She would support the option only at this time as the lease to the Little Theatre must be looked at very carefully. She felt the city should look into all other multi - purpose rooms at schools etc. before closing down the Veterans Building. She also wanted to know what other options were available to the citizens of the community. Veteran of World War I, stated that each and every Veteran organization that he had contacted was opposed to the use of the building by the Little Theatre as he felt that the Veteran group needed a flat floor for the ritualistic work. Therefore, seats would ruin the main auditorium for time. He hoped use by the majority of the citizens of this city. He urged the Council to to allow other reject the Little Theatre proposal and let them go out and find their own years. building. There being no one further to speak before the City Council, Mayor Cooper declared the public hearing closed. Councilman Dunin stated he would support the city's option to purchase the building from the County but would not support a lease with the Little Theatre at this time. He felt that this lease was too divisive in the community as many people were very distressed over this proposal. Councilwoman Billig stated it was very unfortunate that this issue was so divisive in the community. She would support the option only at this time as the lease to the Little Theatre must be looked at very carefully. She felt the city should look into all other multi - purpose rooms at schools etc. before closing down the Veterans Building. She also wanted to know what other options were available to the citizens of the community. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4325 (1980 Series), a resolution of the City of San Luis Obispo approving an agreement between the City and the County granting the city an option to purchase the Veterans Memorial Building. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Dunin, and Mayor Cooper NOES: Councilman Bond ABSENT: None There being no further business to come before the meeting, Mayor Cooper adjourned' the meeting to Monday, December 1, 1980 at 12:00 noon. MINUTES APPROVED BY COUNCIL 1/6/81 J.H zpatrick, City Clerk Councilman Bond stated he could not support conversion of the Vets Building to a Little Theatre as it would be a disservice to more people who use the building rather than a small group who supported the Theatre. Councilman Munger stated.he too would support the option to purchase at this time. He hoped the Little Theatre could develop with movable seats in order to allow other community groups to use the flat floor as they have over the years. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution No. 4325 (1980 Series), a resolution of the City of San Luis Obispo approving an agreement between the City and the County granting the city an option to purchase the Veterans Memorial Building. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Dunin, and Mayor Cooper NOES: Councilman Bond ABSENT: None There being no further business to come before the meeting, Mayor Cooper adjourned' the meeting to Monday, December 1, 1980 at 12:00 noon. MINUTES APPROVED BY COUNCIL 1/6/81 J.H zpatrick, City Clerk I•I I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 18, 1980 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jerry Munger and Mayor Cooper ABSENT: None City Staff PRESENT: Lee Walton, Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen; Community Development Director; Wayne Peterson, City Engineer; D.F. Romero, Public Services Director; and Geoff Grote, Assistant City Attorney A. Councilwoman Billig brought to the council's attention the need for the appointment by the city of a member to the San Luis Obispo County Council of Governments Transportation Advisory Committee. She stated that {or volunteers for this committee but no applications the city staff had advertis'K `o pp were received. She therefore nominated Walter Rice, former member of the Mass Transit Committee and an educator in the transportation field to represent the City of San Luis Obispo on this committee. On motion of Councilman Bond, seconded by Councilwoman Billig, that Walter Rice be appointed. Motion carried, all ayes. F 484 1. City Council received a request from the Environmental Center -of San Luis Obispo County for the city to authorize its vehicle maintenance by the city of all motor vehicles owned and operated by the Environmental Center. Lee Walton, Administrative Officer, reported on behalf of the staff recommending that the City Council deny the request on the basis that the city maintenance requirements at the present time are already exceeding the capacity of both the facility and the personnel involved. On motion of Councilman Bond, seconded by Councilwoman Billig, that the request be denied as the city had neither the facility nor manpower to handle the present overloads at the city shop. Motion carried, all ayes. F 722 2. City Council considered an ordinance amending Ordinance No. 701, 1977 Series, to adopt the Uniform Fire Code (1979 Edition) and to provide for amendments and supplements to that code. Fire Inspector Jim Petroni reviewed the recommended amendments being made to the 1979 code for the council's information. Mayor Cooper declared the public hearing '.open. No one appeared before the City Council. Mayor Cooper declared the public hearing closed. On motion of Councilwoman Billig, seconded by Councilman Munger, the following ordinance was introduced: Ordinance No. 870 (1980 Series), an ordinance of the City of San Luis Obispo amending Sections 3120.1 and 3120.4 of the San Luis Obispo Municipal Code to adopt the 1979 Edition of the Uniform Fire Code and to provide for amendments and supplements to that code. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None City Council Minutes Nov. 18, 1980 - 4:00 p.m. Page 2 F 407 3. City Council held a public hearing to consider an appeal by John Korelich from a decision of the City Engineer in denying an exception to the building setback line ordinance at 1245 Broad Street. Councilman Bond left the meeting due to a possible conflict of interest. Wayne Peterson, City Engineer, stated that John Korelich is the architect representing the owner of an illegally created parcel requesting that the city not enforce its setback ordinance and allow construction of a building within the setback line on Broad Street. He continued that in 1961 the city adopted a building setback line for Broad Street which listed these particular portions of Broad which apply. Part of the Municipal Code requires property owners to dedicate land within the setback area prior to improvement of their property. The current ordinance has a resolution that goes with it which details the conditions and terms of the requirements. In 1968, the city granted approval of a minor subdivision of this property which would have created the lot in question with three conditions: 1. That a 10' widening be deeded along Broad Street. 2. That corners of all pracels be staked by a registered engineer or surveyor. 3. _ -That a "parcel.map be recorded by the applicant. Mr. Peterson continued that inasmuch as the property owner failed to do items 1 and 3 and the city had no way of knowing whether he complied with Item 2, the approval of the minor subdivision is no longer valid and the lot that was created by deed is an illegal lot split. He further stated that the Planning Department is preparing a filing of "Notice of Non - Compliance" against both properties involved in accordance with state and local law. He concluded by saying that other properties along Broad Street have requested the exception of the setback line ordinance, but that the council and Planning Commission have required the dedication of the right -of -way but not the improvements at the new line. Lesser building setbacks behind the line were also allowed. There was some discussion at that time that if and when a new circulation element were adopted then setback lines may not any longer be required. No new circulation element has been adopted and therefore, the setback line should continue to be used. John Korelich, architect representing Stream & Associates, stated that as agents for the owners of the property of 1245 Broad Street, they have submitted an application to the Planning Commission in October 1980 for an exception to the building setback line ordinance for the property. The application was routed to the City Engineer who informed him that it was his decision not to present the application to the Planning Commission on the grounds submitted for this appeal in view of the length of time since application of two years and because they did not feel that the circulation element had been implemented. He concluded his comments by stating that the City Engineer informed him that if he wished to proceed with his exception to the building setback line he would have to proceed by appealing to the City Council as the Engineer would not process the application for him. He asked that the City Council grant an exception to the setback lines on Broad Street adjacent to his client's property, drop the 10' requirement for street widening for the minor subdivision and allow them to proceed. Penny Rappa, Broad Street, urged that the city reevaluate the setback line on Broad Street as she felt it was unfair and would put a cloud on properties involved. Peg Pinard, also agreed with Ms. Rappa's comments and she added that she felt the traffic on Broad Street has changed over the years and does not need a wider street. Mayor Cooper declared the public hearing closed. George Thacher, City Attorney, reviewed for the council's information, the procedure that the City Council must follow in order to exempt properties from the setback line ordinance. He explained the issue of illegally sub- City Council Minutes Nov. 18, 1980 - 4:00 p.m. Page 3 divided lots on this property. After further discussion between the council and staff, it was moved by Councilman Munger, seconded by Councilman Dunin, that the applicant should first file the required tentative parcel map with conditions and then bring back the exceptions to the setback line at a future meeting of the City Council and also to defer action on the appeal at this time. Motion carried, all ayes, Councilman Bond Absent. John Korelich agreed to the conditions and would follow through on a parcel map and then reopen the appeal on the setback line. Councilman Bond returned to the meeting and took his place at the council's table. F430 -80- 4. City Council held a public hearing to consider approving the tentative 141 for Minor Subdivision No. 80 -141, to create two lots from one lot (deep lot subdivision) located at 1340 Sydney Street, R -1 zone;-James & Nora Buffett, subdividers. Henry Engen, Community Development Director, submitted for the council's information, the Planning Commission action which was the unanimous vote that the City Council adopt the draft resolution granting approval of the Tentative Map for Minor Subdivision No. 80 -141, with a negative declaration on environmental impact and subject to findings and conditions listed. Mayor Cooper declared the public hearing open. Jim Buffett appeared before the City Council and reviewed the methods that the drainage was handled through his property. Mayor Cooper declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4316 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision No. 80� 141, located at 1340 Sydney street, as amended by adding condition no. 5. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None F430 -79- 5. City Council held a public hearing.to consider an amendmended subdivision .162 design and 12 -month time extension to submit the final parcel map for Minor Subdivision No. 79 -162, to create two lots,from one lot (deep lot subdivision) located at 531 Luneta Drive; R -1 zone; John Bauer, subdivider. Henry Engen, Community Development Director, presented a recommendation of the Planning Commission which on a 4 -1 vote recommended that the council adopt and approve the 12 -month time extension and modify the subdivision design on the tentative parcel map for Minor Subdivision No. 79 -162 subject to all previous conditions of the tentative map approval and revised variances. Mayor Cooper declared the public hearing open. John Bauer, developer, appeared before the Citv Council stating he was in support of the condition of the subdivision design and time extension and urged douncil approval. Mayor Cooper declared the public hearing closed. On motion of Councilwoman Billig, seconded by Councilman Dunin, the following resolution -was introduced: Resolution No. 4317 (1980 Series), a resolution of the Council of the City of San Luis Obispo granting approval of a 12 -month time extension for Minor Subdivision No. 79 -162. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper City Council Minutes Nov. 18, 1980 - 4:00 p.m. Page 4 NOES: None ABSENT: None F320 6A. On motion of Councilman Munger, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4318 (1980 Series), a resolution of the Council of the City of San Luis Obispo giving notice of a general municipal election to be held on March 3, 1981, to vote upon a proposed charter amendment which would provide that the general municipal election for city elective officials shall coincide with the date mandated by state law for school board elections. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None F320 6B. On motion of Councilman Munger, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4319 (1980 Series), a resolution of the Council of the City of San Luis Obispo calling a general municipal election to be held in said city on Tuesday, March 3, 1981, for the purpose of voting on salary increases for the Mayor and City Councilmembers. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None 320 6C. On motion of Councilman Munger, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4320 (1980 Series), a resolution of the Council of the City of San Luis Obispo giving notice of a general municipal election to be held on March 3, 1981, to vote on a proposed amendment to City of San Luis Obispo Charter Section 602, to allow the publication of a summary of proposed ordinances in lieu of publication of the full text. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None F763 7A. On motion of Councilwoman Billig, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4321 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Blue Bird Enterprises for pigeon trapping for six months. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None F763 7B. On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution -No. 4322 (1980 Series), a resolution increasing fund appropriations for pigeon control. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None City Council Minutes Nov. 18, 1980 - 4:00 p.m. Page 5 F411 8. City Council considered a procedure for modifying of bonding for public improvements in subdivisions. (Continued from 10/28/80.) D.F. Romero, Public Services Director, again reviewed the recommended amendments for the City Council's consideration. On motion of Councilman Munger, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4323 (1980 Series), a resolution of the council of the City of San Luis Obispo adopting a policy regarding bonding in subdivisions. Passed and adopted on the following roll call vote: AYES: Councilmembers Munger, Dunin, Billig, Bond and Mayor Cooper NOES: None F554 9. City Council received an interim report from the Economic Research Associates, consultant working on the community parking program with a brief overview presented by City Engineer Wayne Peterson. Ken Porche, BIA Parking Committee Chairman, informed the City Council that they are in.support of the ERA interim report and proposals and also asked that their committee's name be changed from the BIA Parking Committee to a Community Parking Program Committee so they can have a broader -based support for the program. The matter was continued for further input from both the parking district committee and the consultants. F80 -31 10. City Council considered the plans and specifications for " CERRO ROMAULDO CULVERT REPLACEMENT: City Plan No. D -17, bid estimate $44,424, without contingencies. Wayne Peterson, City Engineer, reviewed briefly the proposed construction for this culvert replacement saying that due to the inadequate capacity of the existing culvert structure at the Cerro Romauldo /Old Garden Creek crossing, 1 areas south of Cerro Romauldo have experienced flooding several times in the past. He recommended that the City Council approve the plans and specifications and authorize staff to advertise for bids. Mrs. Trident, 162 Cuesta Drive, questioned the size of the new project to protect her and her neighbors' property during winter storms. She felt the proposal was inadequate as it only sent the water further down into their homes at the turn of the creek. Mrs. , 123 Cuesta Drive, also stated that her house has flooded from the culvert and hoped that whatever improvements were made would be carried on down to the intersections of the creek. Mrs. Wright, 400 Foothill & 153 Cuesta Drive, says she has been flooded each rain since she has purchased the property and she urged the City Council to correct the problem as rapidly possible. Mrs. Hawthorne, 141 Cuesta Drive, felt that all storm drains in this area should be improved to handle the actual rain falls. She felt the creek's drainage system was inadequate to handle the water that came down through it. Councilman Dunin suggested that the city could ask Zone 9 people to extend their work in the small minor creeks in this area. On motion of Councilman Dunin, seconded by Councilwoman Billig, that this matter of the CERRO ROMAULDO CULVERT be continued for two weeks with the staff to meet with the neighbors as soon as possible and see what could be worked on an emergency basis to save them from constant flooding. Motion carried, all ayes. CONSENT ITEMS C -1 On motion of Councilwoman Billig, seconded by Councilman Munger, City Council Minutes Nov. 18, 1980 - 4:00 p.m. Page 6 claims against the city for the month of November 1980 were approved and ordered paid subject to the approval of the Administrative Officer. C -2 On motion of Councilwoman Billig, seconded by Councilman Munger, minutes for the following council meetings were approved as amended: 10/28/80 - 4:00 p.m. 10/28/80 - 7:30 p.m. 10/30/80 - 12:10 p.m. 11/3/80 - 12:10 p.m. F552 C -3 A recommendation from the Public Services Department to increase all parking meter rates in the downtown area presented to the Council on October 28, 1980, was continued for 30 days on the request of the BIA and the Chamber of Commerce. On motion of Councilwoman Billig, seconded by Councilman Munger, parking meter rates request was continued for imput from these two agencies. F340 C-4 City Council considered a communication from the Public Interest Action Center regarding possible conflict of interest action by certain members of the City Planning Commission, namely Commissioner Rob Rossi. George Thacher, City Attorney, reviewed for the City Council's information the charges made by the Public Interest Action Center dealing with Conflict of Interest of Commissioner Rossi and stated that after review of the actions taken by the City Council, that there was no factual conflict of interest in the actions of Rob Rossi in this instance. On motion of Councilwoman Billig, seconded by Councilman Munger, the communication from the Public Interest Action Center was ordered received and filed and a copy of the City Attorney's opinion forwarded to them. Motion carried. F1018 C -5 On motion of Councilwoman Billig, seconded by Councilman Munger, the following resolution was introduced: Resolution 4324 (1980 Series), ' a resolution of the Council of the City of San Luis Obispo approving an agreement with the City and Economic Opportunity Commission to provide $5,505 for services from July 1, 1980 through June 30, 1981. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, Dunin, and Mayor Cooper NOES: None ABSENT: None C -6 On motion of Councilwoman Billig, seconded by Councilman Munger, the claim against the city by Christopher White for repair to his car in the amount of $479.00 after being hit by a police car at Islay and Chorro Streets was denied. Motion carried. There being no further business to come before the City Council at this time, Mayor Cooper adjourned the meeting to 7:30 p.m. Tuesday, November 18, 1980. MINUTES APPROVED BY COUNCIL: J. EZf46rick, City Clerk 12/16/80