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HomeMy WebLinkAbout05/05/1981M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 5, 1981 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Roll Call Councilmembers ' Present: Alan Bond, GlennaDeane Dovey, Ron Dunin, Allen Settle, and Mayor Melanie Billig Absent: None City Staff Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; Pamela Voges, Acting City Clerk; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Don Englert, Police.Department; Dave Romero, Public Services Director; and Olivia Grande, Recording Secretary- C -1. On motion of Councilman Settle, seconded by Councilman Dunin, claims against the City for the month of May, 1981 were approved and ordered paid subject to the approval of the City Administrative Officer. Motion carried, all ayes. C -2. On motion to approve the following m and April 13, 1981 - 12:10 C -3. On motion contract pay estimates and Motion carried, all ayes. of Councilman Settle, seconded by Councilman-Dunin, inutes as amended: April 7, 1981 - 7:00 p.m. I p.m. Motion carried, all ayes. of Councilman Settle, seconded by Councilman Dunin, change orders were approved and ordered paid. C -4. On motion of Councilman Settle, seconded by Councilman Dunin, the' following ._resolution.was.introduced: Resolution No. 4470 (1981 Series), a resolution of the City of San Luis Obispo granting an appeal of a Planning Commission decision to allow beer and wine sales at 2398 Los Osos Valley Road. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None C -5. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No: 4471 (1981 Series), a resolution of the City of San Luis Obispo denying condominium conversion _ applications for nine units at 3150 Rockview Place and seven units at 1120 Leff Street. Motion carried. Passed and adopted on the following roll call vote: AYES: NOES: ABSENT: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig None None City Council Minutes May 5, 1981 - 7:00 p.m. Page Two C -6. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4472 (1981 Series), a resolution of the City of San Luis Obispo (1) denying an appeal of a Planning Commission denial of a request to rezone property located at 1126, 1134 and 1144 Mill Street from R -2 to P0, and (2) initiating a general plan amendment: to establish a precise line defining the existing professional office general plan designation on the east side of Santa Rosa Street between Mill Street and Walnut Street, generally limiting that designation to properties bordering Santa Rosa Street. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey and Mayor Billig NOES: None ABSENT: None C -7. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4473 (1981 Series), a resolution of the City of San Luis Obispo to approve costs and setting a public hearing for a swimming pool abatement. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey and Mayor Billig NOES: None ABSENT: None C -8. On motion of Councilman Settle, seconded by Councilman Dunin, to deny claim against the City by Francis P. Randall in the amount of $3,370.01 for damages sustained to claimant's home due to sewer back up allegedly the fault of the city. Motion carried. 1. Public hearing to determine that the public interest, necessity and convenience require the construction of curb and gutter, sidewalk and driveway ramp improvements on portions of Capitolio and Sacramento Streets. Dave Romero, Public Services Director, stated that at its meeting of April 7 the City Council preliminarily determined that sidewalk improvements were requested for certain parcels on Capitolio and Sacramento Way and on certain other streets througho the community. At the May 5 hearing, the property owners will have an opportunity to present arguments to the City Council as to whether they should receive an exemption or delay in installing the required improvements. He said that as a result of these hearings, the Council may modify the improvement requirement. He continued that if the property owner does not install the improvements within the specified time period after the Council hearing, staff will have the work done by contractor and the owner may pay for the work in cash, allow it to become a lien on the property collectable with the taxes, or pay for the work over a 3 -year period at a 6% interest rate. Mayor Billig declared the public hearing open. Howard Carroll, 835 Capitolio, questioned the public interest on this particular street which is zoned commercial with no retail businesses allowed on it. He ' questioned the actual use of the improvements vs. the cost and felt it was an unnecessary expense to the property owners. Brig Hillman, 51 Del Sol, said that the property at 855 Capitolio was an unimproved property and for that reason felt it was not necessary to have the sidewalk there. With regard to the curb and gutter, he said in the other tracts they have been exempted. Councilman Settle supported the installation of sidewalks in this site. City Council Minutes May 5, 1981 - 7:00 p.m. Page Three On motion of Councilman Settle, seconded by.Councilman Dunin, the following resolution was introduced: Resolution No. 4441 (1981-Series), a resolution of the City of San Luis Obispo requiring sidewalk improvements on portions of Capitolio and Sacramento Streets in the City of San Luis Obispo.. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey and Mayor Billig NOES: None ABSENT: None 2. Public hearing to determine that the public interest, necessity and convenience require the construction of curb and gutter, sidewalk and driveway ramp improvements on portions of various streets in the city. Dave Romero, Public Services Director, recommended that after hearing protests from property owners, the Council modify the resolution requiring sidewalk. improvements. Mayor Billig declared the public hearing open. Jack McCurdy, 1396 Phillips Lane, stated that the house on the property was only set back 20 feet from the existing curb and to put a sidewalk there would bring the sidewalk very close to the house. He pointed out that the property slopes and there is a drainage problem with water run -off. He added that there is a fire hydrant, telephone pole and seven large pine trees at the corner of the property which would require removal and would be a significant loss. He urged the Council.to consider each property separately and to consider the extenuating circumstances on this property. He thought the curbs and gutters would be justified, but didn't think the sidewalk would be justified. Edsell Frye, 1324 Phillips Lane, spoke in support of installing the sidewalks. Mayor Billig declared the public hearing closed. Dave Romero;.responded that drainage control, curb and gutter was needed for the entire frontage. He said that if a curb and gutter is installed there should be a driveway ramp so the water doesn't build up. He continued that the sidewalks would be 6 feet from the curb face back and would be sufficient for the fire hydrant. Councilwoman Dovey wanted to require the minimum for the drainage problem. She was not too concerned about the sidewalks if the people don'.t mind not having them. Councilman Dunin felt that the driveway was definitely necessary and agreed with Councilwoman Dovey's comment about the sidewalks. Councilman Bond supported the staff recommendation, and felt that the residential area should be scheduled prior to Capitolio Way. Councilman Settle favored installing the curb, gutter, sidewalk, and driveway. He felt that the sidewalk on the north side had high priority and would be an improvement to the neighborhood. He agreed with Councilman Bond's comment that the residential area was in more need of improvements than Capitolio Way at the moment. Mayor Billig felt that on Phillips Lane driveway ramps and curbs were sufficient. City Council Minutes May 5, 1981 - 7:00 p.m. Page Four On motion of Councilman Bond, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4442 (1981 Series), a resolution of the City of San Luis Obispo requiring curb and gutter, sidewalk, and driveway.ramp improvements on portions of various streets in the City of San Luis Obispo.. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 3. Public hearing to consider the final map for Tract No. 683, located at 850 Los Osos Valley Road; Valleycrest Land Co., subdivider. Councilman Bond stepped down due to a possible conflict of interest. Wayne Peterson, City Engineer, stated that the subdivision agreement has been modified at the request of the subdivider, which provides for completion of the improvements in three phases within 36 months of recordation of the map. He said that written verification would be required from the surety for ex- tensions and the Council could require additional surety if deemed necessary. There are provisions also for acceptance of portions of the subdivision :. improvements, if completed to the satisfaction of the Council. Wayne Peterson continued that the Public Services Department has reviewed the final tract map and all conditions have been met. A set -aside letter guaranteeing the installation of public improvements and necessary fees have been submitted by the developer. He recommended approval of final map for Tract No. 683 and revised agreement, and approval of the resolution authorizing Mayor to sign ' agreement and recording of final map. Mayor Billig declared the public hearing open. Stan Bell, applicant, stated that he had conformed with all the requirements of the city.and staff and was present to answer questions from the Council. Councilman Settle supported approval of the final map for Tract No. 683; thought it was a good project. Councilman Dunin supported the agreement between S.E.B. Inc. and the City. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4474 (1981 Series), a resolution of the City of San Luis Obispo approving the final map of Tract No. 683, S.E.B. Estates, located at 850 Los Osos Valley Road, S.E.B., Inc.; subdivider, and authorizing execution of the subdivision agreement. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, and Mayor Billig NOES: None ABSENT: Councilman Bond Councilman Bond resumed his seat at the council table. 4. Public hearing to consider -a recommendation of the Planning Commission to approve the tentative map for Tract No. 926 (Buena Vista Estates), to create a 27 -unit residential planned development condominium located at 2030 -2031 Binns Court (Lot 11 of Tract 758); R -1 -PD zone; Cuesta Valley Properties, subdivider. City Council Minutes May 5, 1981 - 7:00 p.m. Page Five Henry Engen, Community Development Director, stated that the tentative tract map for Tract 926 was to create a 27 -unit residential planned development condominium in area 4 of the Terrace Hill planned development project (Lot 11 of Tract 758) located on the northeast side of Terrace Hill between Ella and Bishop Streets. He said that the Planning Commission, on a 4 -0 vote, recommends the Council adopt the attached draft resolution granting approval of the tentative tract map for Tract No. 926 subject to findings and conditions listed in the resolution. Dan Lloyd, of MDW representing Cuesta Valley Properties, concurred with the conditions, appreciated the efforts by staff to work out the street name changes, and stated that there were several instances in the development that were sensitive to the concerns of the homeowners, one particular issue being the screening of the downhill residents along Sierra Way. He said that Gerry Emery of SEDES will speak about the landscaping used to screen those units. Gerry Emery stated that his firm had been asked to develop a screened buffer between the uphill units and that many of the residents had already done the planting in their back yards. The plan he submitted to the ARC essentially shows about five plants per unit. They chose medium -sized fast growing trees to be planted on the Sierra Way residents' 20 -foot portion of the old right -of -way. He said they tried to keep the trees a size that would provide a necessary screen but not block the views of the future residences. He said that the applicant intends to extend a letter to each of the residents-asking for their approval or disapproval of the planting, and read the letter to the Council. Pete Evans, who lives on the other side of the hill, said that many people are opposed and that one great concern is the visual impact on Sierra Way and to the area. He felt that some attention should be given to the time span between now and when the trees will provide some visual obstruction to the condominiums. He suggested some closer consultation with the residents informing them that the project is going through to reduce the impact on them. Councilman Settle supported the proposal with modifications, and agreed with Mr. Evans about the visual impact. Councilwoman Dovey had no problems with the street names and agreed with Mr. Evans that she would want the neighbors to be very sure that they understand what plants and trees are going to go in there. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4475 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative map for Tract No. 926 located at 2030 Binns Court (Lot 11 of Tract 758), as amended. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Dunin and Mayor. Billig NOES: None ABSENT: None 5. Public hearing to consider a pre- tentative concept review on development alternatives for the Hob Nob Restaurant site located on Calle Joaquin at south city limits; Vic Montgomery, owner's representative.. 1 Councilman Bond stepped down due to a possible conflict of interest. ' City Council Minutes May 5, 1981 - 7:00 p.m. Page Six Henry Engen, Community Development Director, stated that the owners of the Hob Nob property have applied for a general plan amendment to change the land use designation of the undeveloped portion of their property from Agriculture/ Conservation to Tourist Commercial. He said that the city has required that an EIR be written before this change can be acted on. The new owners of the Hob Nob property wanted to know whether the City Council would support expansion of the Tourist Commercial area, prior to an EIR being prepared. He gave some background on the property, stating that prior to 1977 the entire Hob Nob property was zoned C -T (Tourist Commercial). In January 1977 the City adopted a new Land Use Element which showed the entire site as an Agriculture /Conservation area. Later in 1977 the city Planning Commission and City Council reviewed the zoning of the property as part of the city -wide rezoning program. He said the City Council decided to retain the C -T zoning for the existing restaurant and parking, and the remainder of the property was rezoned.to A /C -10. -In November. 1980 the old owners of the Hob Nob property applied for a general plan amendment to show the entire property as a Tourist Commercial area. The property would be rezoned from A /C -10 to C -T if the amendment is approved. This application is still pending city action: Henry Engen recommended that the council should not support the expansion of the tourist commercial area at this time. He said if-the Council feels that some expansion of the Tourist Commercial area is warranted, further comment should be withheld until an EIR has been prepared, which would allow the Council to make an informed decision about the project, and added that the workscope of the EIR should be refined to key to the applicant's alternatives. He stated that staff would recommend that any further requests to amendment to the land use designation of the property should be accompanied by schematic plans showing the general location and design of future improvements. Councilman Dunin stated that at the time the area was considered or reconsidered during review of the General Plan, the Council made very strong statements that would make an exception to the restaurant and that the rest of the land would not be considered as a tourist commercial zone. He didn't see any reason for ' continuation unless the Council feels that we would be considering the expansion of the tourist commercial area. Councilman Settle did not support the project, for the primary reason that that hillside site is not an area to be expanded. He felt that a statement of continuation would be a matter of courtesy to the applicant. Councilwoman Dovey concurred with Councilman Settle's comments. Vic Montgomery, representing the owners of the property, read a letter requesting continuance based upon both the primary owners of the property are not present to present their point of view and their reasoning behind the request. He said that in working with the staff his firm was asked to supply information on developing alternatives, which has been supplied. He stated that if the Council's decision is to not continue the item he would request an opportunity to make a presentation on behalf of the owners. He said that they took the entire 28 -acre site and divided it into several areas, in order to narrow it down into separate EIR's: a) an area which is a portion of the hillside and adjacent to the parking lot; b) a piece of the parking lot which might be considered as an alternative development site; c) part of the parking lot of the existing restaurant; d) the entire parking lot; e) the flat area at the base of the hill; f) the large flat area with the designation; g) the top of the hillside; and h) the rest of the hillside. He stated that they are talking about an intensification project, not a general plan change. He asked the Council to give consideration to the intensification policy and the areas immediately adjacent to the restaurant and to area E. ' Councilman Settle could not support any expansion of a tourist commercial area in that location at this time. Councilwoman Dovey felt there was no room for intensification under the zoning that was given for the restaurant itself. She wanted to know what the proposed buildings and projects would be. In view of the recent referendums on issues very similar to this one, she didn't feel the urban reserve line should be moved for one project and one property. Mayor Billig noted that the reason the property was zoned C -T was in the event it burned down the owners could reconstruct. She said if the Council approves the intensification, the applicant should be given guidance to prepare the EIR. City Council Minutes May 5, 1981 - 7:00 p.m. Page Seven On motion of Councilman Settle, seconded by Councilwoman Dovey, that the City not support the proposed"expansioii for tourist commercial at. this time in any area. Motion carried. AYES: Councilmembers Settle, Davey, Dunin, and Mayor Billig NOES: None .ABSENT: Councilmember Bond 6. Consideration of final passage of Ordinance No. 884, an ordinance of the City of San Luis Obispo to implement on an interim basis the population growth objectives set out in the City's adopted 1977 General Plan Land Use Element. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Ordinance No. 884 (1981 Series), an ordinance of the City of San Luis Obispo to implement on an interim basis the population growth objectives set out in the city's adopted 1977 General Plan Land Use Element. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, and Mayor Billig NOES: Councilmember Dunin ABSENT: None 7. Consideration of RESERVOIR COVER ". City Plan No. E -11 and speficiations for "HILAND estimate $10,000. Wayne Peterson, City Engineer, stated that the roof over the reservoir on Highland Drive is collapsing and needs to be replaced. He recommended that the Council approve the plans and specifications and authorize staff to advertise for bids. On motion of Councilman Bond, seconded by Councilman Settle, to approve the plans and specs for Highland Reservoir Cover and staff be authorized to call for bids. Motion carried. AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 8. _Council review of Planning Commission and City Council appeal fees. Henry Engen, Community Development Director, stated that under the Council resolution establishing fees for various planning applications, a $30 fee is charged for any appeal. He said that the Council's past rationale in adopting this particular fee was two -fold; (1) to offset city costs for appearing on an agenda; and (2) to discourage frivolous appeals by having a minimum charge. He recommended that the council consider the following alternatives: (1) Amend the fee resolution to establish a single charge, regardless of the number of hearings required to bring an appeal to a final determination; (2) Amend applicable ordinances to have appeals heard directly by the Council and not require hearings by other advisory agencies; and (3) Amend the fee resolution to reduce the cost for an appeal to a token payment of, say, $10, with no changes made to applicable ordinances. Council discussed amending the fee schedule whereby if there is a dual fee situation and the appeal is upheld by the higher body, that the second fee should either be waived or the administrative portion held. This would enable people to go through the appeal process without being penalized to a great degree. 1 1 City Council Minutes May 5, 1981 - 7:00 p.m. Page Eight George Thacher, City Attorney, commented that if an appeal is upheld by a superior hearing body; in that case it would be appropriate to waive the fee. He added that if the reversal of the inferior body was made on the basis of a different judgement call then perhaps the fee ought not to be refunded. He suggested that the Council adopt one base appeal fee whether it goes to the Planning Commission or if it goes beyond that to the Council; that one appeal fee be paid at the beginning of the appeal process. Laverne Schneider -felt that.the;_fee schedule agen as unc uttered and to keep the Planning actions separate. She said that if a private there should be some way for the item to go t pretation seems reasonable. There should be review by a second body if it's an item of pu an interpretation or ordinance. She didn't w in any way. would be kept in order to keep the Commission and Board of Adjustments' citizen wishes to appeal a decision, o a higher body if the use or inter - an opportunity for some type of a blic interest such as use permits or ant the appeal system to be altered Consensus of the Council was to direct staff to review the fee schedule, giving consideration to the validity of appeals and any possible abuses. On motion of Councilman Bond, seconded by Councilwoman Dovey, that the matter of appeal fees be continued until the entire fee schedule is brought back to Council for review during budget sessions. Motion carried. AYES: Councilmembers Bond, Dovey, Dunin, Settle, and Mayor Billig NOES: None ABSENT: None 9. Council to consider report by Planning Commission on whether sale or lease of city -owned property at 979 Palm Street conforms with the General Plan together with recommendations on uses of property. Henry Engen, Community Development Director, stated that the City Council had asked the Planning Commission to report within 30 days on whether the sale of the property at 979 Palm Street was consistent with the General Plan. The Council also asked the Commission to indicate what the appropriate use of the property might be. He said that the Planning Commission found that sale of the city -owned property on the southwest corner of Palm and Osos Streets would be consistent with the General Plan, and recommended that while the sale of the property is consistent with the General Plan the city should not sell it. He added the Planning Commission further recommended the maximum use of the property should be promoted - development of a building at least three stories high, with private offices in combination with some public offices as an appropriate use of the site. Vic Montgomery felt that public and private offices would be an appropriate use of the site, and asked if that would include the ground floor. Henry Engen replied that would take a use permit to the draft ordinance. Don Kennedy, Pacific Gas & Electric Company, said that they have negotiated with the city for several months to work out a lease arrangement. He said it appears it will not be possible so it has been sent to developers asking for proposals and a package for design and lease arrangement. Included in that package would be a map of that area with priority areas 1, 2, and 3, and the other zoning would include or go outside the city limits whatever propectus the developers might have in mind. ' Councilman Dunin thought that it would be possible to see the property, have it go to the highest bidder, and that PG &E be given a chance to live up to its name in promising to build a special building there. Jamie Lopes, 977 Buchon and a member of the Environmental Center, read a letter to the Council into the record stating their concerns about the fate of the city -owned lot. He said that a good deal of the Environmental Center's success is attributed to their centrally located offices, which facilitates communication and interaction with city and county government. He requested that the county keep the Environmental Center and the services it provides the community in mind when considering the future development of the Palm Street site. City Counsil Minutes May 5, 1981 - 7:00 p.m. Page Nine LaVerne Schneider, 1356 Marsh Street and a charter member of the Environ- mental Center, felt that the city should not sell the property. She said the Environmental Center offered a needed public service, and was concerned about where they would move to. Councilwoman Dovey felt that if the city does sell the property it should be placed on the market. She said that alternatives should be considered and since the city is looking for a site for a library there will be a library building to expand city facilities to. It was her feeling that the city could find another space for the HRC, and that the Environmental Center could also find another site. Councilman Bond felt that the property was extremely under -used, and wanted to see a building of a minimum of three stories and possibly four stories to relocate existing offices. He thought the property should be sold and wanted to see the corner developed into something the city could be proud of. Councilman Dunin also felt the property was under -used, and agreed with Councilwoman Dovey that ECOSLO and the HRC could be relocated. He was supportive of studying the process of preparing the sale. He didn't think that the library was ever considered at that site and as far�As the exten- sion of City Hall was concerned he felt the natural thing would be to extend the existing library which at this point is being used as a city - county library and will be released. He was for disposal of the property with the proper procedure. Councilman Settle felt that this was an expensive piece of land for keeping the type of services such as the Environmental Center and the HRC, supported that both organizations be relocated and that the land be put into a more productive use for the downtown area. With respect to PG &E at that location, he said it was not appropriate to have utility companies in the downtown area. He would support the city take definitive action and move to put the land on the open market for the reason that those funds can be put into a library, community center, or some other use the city could benefit from. Mayor Billig stated that there would be many options for the HRC and ECOSLO when the time comes for them to relocate. She said that if the council makes a finding that this is surplus property she thought that staff should be:given direction as to what the best uses for the property are, and should authorize how it should be advertised. Council consensus with regard . to the bid process was that the bidders should include in their package what their intended purpose is, so the city is not precluding someone from proposing a certain type of use on the property. Preference was stated to have a building at least three stories high with a broad spectrum review of possible uses and the most creative use for the property. On motion of Councilman Bond, seconded by Councilman Dunin, that the property be declared surplus and staff be authorized.to prepare sale specifications subject to special design criteria to be brought back to council for final approval. Motion carried. AYES: Councilmembers Bond, Dunin, Settle, and Mayor Billig NOES: Councilmember Dovey ABSENT: None 10. Council to consider establishing boundary modifications to the Downtown Business Improvement Area. A. Resolution of Intention establishing a Parking and Business Improve- ment Area within the downtown section of San Luis Obispo and setting hearing date. 9 1 1 1 City Council Minutes Mav 5, 1981 - 7:00 p.m. Page Ten George.Thacher, City Attorney, informed the council that the BIA had requested the definition of the boundaries of the area be modified slightly to include some additional properties. He said he had included in the agenda packet..a resolution entitled "Resolution of Intention to Establish a Parking and Business Improvement Area within the Downtown Section of the City of San Luis Obispo and Setting a Hearing Date Therefor." In light of the 1979 Parking and Business Improvement Area Law, he suggested that the Council reestablish the Area under the 1979 Law (to accommodate the request slightly to expand the Area) rather than modify the former Area. Bob Corcoran stated that the BIA has had problems with the boundaries. He gave as one example the building at Marsh and Santa Rosa Streets, that no business license was issued for the BIA at the time it was built. He said that he talked to Mr. Muravez of the Finance Department, who in turn said he would speak to the City Attorney. Mr. Corcoran felt that there should be a stronger ordinance to make the business firms pay their licenses to the city because they had discovered quite a few businesses operating downtown without a business license. He said that they would all be listed in the directory, and wanted the Council to speed up the enforcement as much as possible. John French stated that in the old Business Improvement Area the license fees were based on the businesses that were actually there, even though the property may have been owned by someone else. He proposed an assessment based on the property in order to determine the income that could be derived, based on the variety of formulas for income. Vic Montgomery stated that under the new interpretation his firm had a business license and he was not certain if they had paid BIA fees for the past ten years. Rudy Muravez, Finance Director, stated that the BIA is part of the business license collection scheme and explained that all the business licenses are collected at one time being July 1 to June 30. He proposed doing a mass mailing for renewal and for those who failed to respond to take to small claims court in mass, with penalties which would be 10 percent a month per delinquency subject to a maximum of 100 percent. He said a firmer policy would take more staff and that the city would be spending more money to collect the same amount of money. He suggested hiring temporary personnel to telephone the businesses as a reminder, and a second suggestion would be to make an amendment to the business license ordinance itself to assess much higher penalties and make earlier collection worthwhile. Councilman Dunin suggested that the Finance Department in cooperation with the BIA establish a roster of businesses and at the time of collection to check mark the licenses as to whether they are paid or not. He didn't think additional.staff was needed, and agreed with a strong policy for placing the highest legally allowed penalties on the persons who do not pay. Rudy Muravez replied that there was a roster produced monthly to the BIA and also a:_newsletter, and said it was not as easy as checking off on a roster; that if there is no police power the city must fall back on time collection procedures but that the businesses will not pay until they are taken to small claims court. He said it was a lengthy and time - consuming procedure. Councilwoman Dovey stated that in order to expedite matters, she supported communi- cation with the businesses within a 60 -day period of time. She thought that it would be counter - productive to try and close down businesses. She recommended adopting the Resolution of Intention to establish a Parking and Business Improvement Area within the city and establishing a hearing for July 7. Councilman Dunin supported a motion that the City Attorney be instructed to review the licensing system from the standpoint of law as to how it could be enforced more stringently and hwo the penalties could be both increased and collected. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4476 (1981 Series), a Resolution of Intention to Establish a Parking and Business Improvement Area within the downtown section of the City of San Luis Obispo and setting a hearing date for July 7. Motion carried. o City Council Minutes May 5, 1981 - 7:00 p.m. Page Eleven Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None 1 On motion of Councilman Dunin, seconded by Councilwoman Dovey, that the City Attorney be directed to review city business license system as to how it can be enforced and how penalties can be increased and enforced. Motion carried. AYES: Councilmembers Dunin, Dovey, Settle, and Mayof Billig NOES: Councilmember Bond ABSENT: None 11. Presentation by Don Kahn on alternative parking structures. Don Kahn, Kahn & Associates, stated that Quarterly Report No. 4 on the Community Parking Project was self - explanatory, that they had reached a milestone into the project and with the Council's approval the second phase of the project would be launched and released to the community. He said that the parking project had been the result of a lot of effort on the part of a team, and expressed his appreciation to city personnel for their help. He added that C -PAC, a Community Advisory Committee comprised of citizens of San Luis Obispo, had stressed the emphasis of the business community's interest. He said that Merriam, Deasy, and Whisenant had been hired as the architects and had done many alternative studies and design concepts and issued a very comprehensive report. He discussed Alternative "C" which was a four -level structure encompassing 464 units of parking with an option for retail and office.space. The Citizens Advisory Committee had recommended Alternative C and felt it was a landmark building. He continued that Economics Research Associates had analyzed the role of citizens, business property owners, and the long -term needs of the city. Don Kahn stressed the improtance of building pride in the community and creating a focal point for the downtown. He said that a massive public relations program was being launched, by -laws were being developed, lots surveyed, and a general involvement of the community was being encouraged. He urged the council to accept, endorse, and approve Alternative C as concept in order to have a landmark structure that the city could be proud of. Bruce Fraser, MDW, described briefly what the project was composed of and discussed the appropriateness of design for retaining a considerable vitality in the downtown and making the proposed parking structure blend with the area. He said that they had attempted to tie the retail core and the governmental core together because both would be using the parking structure. He described the landscaping which would.be provided from foundation plantings and some trees where..appropriate to soften the impact of the building. He felt that the Victorian Western style was an appropriate response to the downtown, and explained the difference between Alternative B and Alternative C was that B was three levels, with a deck running over the top of the existing parking and no offices or retail mixed use. He continued to describe the design concept, stating the possibilities_of. adding a fountain or a water structure and a city clock, which could be a solar clock placed abcve the offices. On a question from Councilwoman Dovey, Bruce Fraser explained the reasoning behind having one exit and two entrances was in trying to keep an economic operating program; the costs involved were basically doubled and there was not twice the problem with one exit. He recommended that some of the other options for controlling the other traffic be pursued. John French, representing C -PAC, stated that the committee had tried to put together a community project and attempted to split the costs over to not only the people who use the structure but the city in total, and to the merchants and property owners through an assessment formula based on covering the deficit of operation. He urged the council to help make the project a part of the community and endorse the concept that was presented. Councilwoman Dovey stated that with respect to the total annual revenues she.didn'.t .see a great deal more money coming in from Alternative C. She felt that the retail space should be paying rent to somebody, that if the city is going to pay twice as much for an extra floor she would like to see money coming in from it. City Council Minutes May 5, 1981 - 7:00 p.m. Page Twelve Councilman Settle questioned Don Kahn on the timing in getting the assessment district moving. Commr. Kahn replied that it would be keyed off into petition phases, and that right now more effort is being devoted to public relations and community involve- ment. He said that at this point they are trying to improve the structure and decrease the costs. Councilman Dunin commented that it was not the council that had to make the first commitment; that all the council would do is approve the conceptual approach and prefer the Alternative C over Alternative B or A. He said he would not vote for any commitment at any time till there is a commitment from the owners and C -PAC and the BIA. He was opposed to any office space in the structure, and thought that condo space would not be a bad idea except that it commits the building toward that direction and removes a certain degree of control in the future. He said the retail space allowed at the perimeter of the parking structure would be both beneficial to the parking structure itself because people would rent there, and to the traffic because a lot of people will shop there. He commended the local people for the work they had devoted to devel- oping the biggest project in the city, excluding the county building. Councilman Bond did not support the parking garage in the downtown. He felt that it was taking away retail use at that location and not increasing the parking that much. He thought that the assessment would be too high. He was excited about seeing Alternative C come through, creating a hub for the city. He thought the design was outstanding and liked the idea of condos so the city does not use the space for other things after it is built and operating. He favored - moving forward as rapidly as possible in getting the bonds and the assessments. Councilman Settle complimented Mr. Kahn and MDW and supported Alternative C. He favored looking at the financing very carefully. Mayor Billig felt that if the council and the BIA were committed to the concept that the money to finance it would be found. She thought that the most diffi- cult part would be to sell the project to the people downtown and continue to work closely to keep it a community project. She supported a commitment from the council on a conceptual approval and direction to staff to approve the EIR. On motion of Councilman Bond, seconded by Councilman Settle, that Alternate "C" be given conceptual approval and staff be directed to preceed with EIR. Motion carried. AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None There being a vacancy on the Ad Hoc Parking Committee, and upon the request of the committee, it was moved by Councilman Settle, seconded by Councilman Dunin, that Dr. Albert Gazin be appointed to the Ad Hoc Parking Committee. Motion carried. AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig I NOES: None ABSENT: None 12. Consideration of a resolution approving the final acceptance of public improvements for Minor Subdivision No. 79 -082 located at 2890 So. Higuera Street; Sutcliff Mortuary, applicant. City Council Minutes May 5, 1981 - 7:00 p.m. Page Thirteen Dave Romero, Public Services Director, stated that the subdivider has installed the required improvements for Minor Subdivision 79 -082 and requests acceptance by the city and release of subdivision guarantee. He said that the improvements consisted of curb, gutter, sidewalk, paveout, and two street trees, with addi- tional landscaping (including trees) is bonded in conjunction with occupancy to comply with ARC requirements. He added that a cashier's check was deposited as a subdivision guarantee, and recommended the City Council accept the public improvements and authorize release of deposit. On motion of Councilman Bond, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4477 (1981 Series), a resolution of the City of San Luis Obispo accepting subdivision improvements as complete for Minor Subdivision SLO -79 -082, located at 2890 South Higuera Street. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 13. Council - consideration of city = initiated rezoning of Maino Madonna properties for conformance with the General Plan. Henry Engen, Community Development Director, reported that in September 1978, the -City Council initiated rezoning of a it would conform with the Land-Use Element adopted January 1977.. For various reasons, including possible condemnation by the-county and preparation of a new Open Space Element by the City, the rezoning was never carried out. He said the council recently-affirmed the designation for this area-should be conservation /agriculture. Henry Engen recommended that the council instruct staff to reactivate the rezoning including preparation of notices for Planning Commission hearing. He said that the council may also want staff to.prepare a plan amendment /rezoning for con- sideration in September 1981, with the change to reflect a "compromise" suggested by staff when this area was considered as part of the Open Space Element deliberations, and should so indicate. He continued that the first action would leave open the possibility of the affected property owners applying for a plan amendment and rezoning, possibly tied to a specific development proposal. The second action would establish some direction on the extent of &..pre- requisites for a change from the present designation. He was concerned with the degree of nonconformance between the Land Use Element and the Zoning Map and the long interval over which the inconsistancy has existed. Mr. Maino stated that his only concern with the mountain was that since 1977 when the county decided to do something with the mountain the council at that time did not have enough.nerve to allow it. It was his understanding that the council had elected to revert the property to its prior zoning. He said that the biggest question appears to be that the city is using zoning in lieu of planning with a determination of what happens to the land untimately. It seemed to him that the council was using their police power to rezone properties and write ordinances which seen to satisfy themselves and the public at that time rather than using the planning tools available, such as the ARC and Planning Commission to submit a plan that can be used on the land. He stated that the land is currently legally a subdivision, and he didn't think that the Maino family was desirous of seeing the site of the mountain razed or ravaged. He continued that when the General Plan was adopted for the city in 1977 the French property to the north was proposed to be zoned AC -20 and at the same time it was requested that the.Maino property be given the same zoning con- sideration of the property to the north to maintain a continuity. He was regretful that the referendum issue went through and was regretful to put the property back into A -C zoning. fJ 1 1 City Council Minutes May 5, 1981 - 7:00 p.m. Page Fourteen Vic Montgomery who has represented Mr. Madonna on the property for about 2z years, agreed with Mr. Maino's comments about what happened with the referendum. He felt that there was an incredible misunderstanding, that Mr. Maino was asking the city if they were interested in planning the property or if they wanted to see it in its present condition indefinitely. He was not prepared to take the property along an arbitrary line, and had no-:intent of giving up the open space on the area along the freeway. Vic Montgomery said that he would contact Mr. Madonna to see a way to re- approach the problem on a more rational basis. With respect to the zoning, his'personal opinion of what should happen was that interim agricultural designation would provide plenty of safeguards for the city because it would require another General Plan change. Henry Engen stated that the action of the council in upholding the referendum put a one -year moratorium on General Plan amendments, which does not relieve the city of the responsibility of pursuing consistent zoning. He said that irrespective of what the future might hold it would be appropriate to go to an A -C zoning. He suggested that the situation with residential commercial and residential planning be cleaned up without prejudice so that there can be a change in the plan to set up for interim agriculture. Councilman Bond supported the interim agriculture designation for both parcels, and thought that the city should work closer with the people to get what the best use for the location is. Councilman Dunin stated that he very seldom supported A -C and didn't see a reason for the property to be treated differently. He felt that it was unfair to the property owner to tell him that he can do nothing with his property at all. He supported interim agriculture which gives the property owner the right to come to the City Council with a plan. Councilman Settle stated that the A -C zone basically amounted to a holding zone and was not a confiscation of property rights. He said that A -C was for consistency zoning and that individuals can come back to the council with plans for what they are planning to do with the land as well as the site sensitive and service issues. In view of the referendum and the fact that there was not a hillside development plan yet, he felt that it was important to treat the property as A -C and not move around the urban reserve line at this time. Mayor Billig.felt that the property should be zoned A -C until such time as the people come to the city with a plan of development that can be responded to. She agreed with staff's recommendation and reiterated that from her point of view if a plan comes into the city that is when she would entertain changing the zoning. On motion of Councilman Settle, seconded by Councilwoman Dovey, that the rezoning be approved to be consistent with the General Plan as recommended by staff to Agricultural Conservation. Motion carried. Passed on the following roll call vote: AYES: Councilmembers Settle, Dovey, and Mayor Billig NOES: Councilmembers Bond and Dunin ABSENT: None Councilman Dunin wished it be stated for the record that he considers the A -C zone a cost confiscation of rights to the property. 14. Consideration of request from N.B. Stacey appealing large water bill. Councilwoman Dovey stated that Mrs. Stacey would be present at a noon study session to answer any questions the council might have. City Council Minutes May 5, 1981 - 7:00 p.m. Page Fifteen On motion of Councilwoman Dovey, seconded by Councilman Settle, that the request from N. B. Stacey appealing large water bill be continued to the first available Monday noon Study Session. Motion carried. AYES: Councilmembers Dovey, Settle, Bond, Dunin, and Mayor Billig NOES: None ' ABSENT: None 15. Council consideration of request by Jack Foster for approval of grading permit in advance of building permit for rp operty off Real Way. Henry Engen, Community Development Director, stated that under the city's Grading Ordinance, no grading permits can be approved for projects not having either a building permit or an approved entitlement such as a tentative tract map, use permit, etc. He said that in this instance, Mr. Foster, who owns the former Rockwell International property, is requesting a grading permit to move 2,033 cubic yards of earth to create a 12,000 sq. ft. building pad for future barn. He has not submitted plans for the barn; hence, it takes council action to approve the grading. Mr. Engen continued that engineering staff has reviewed and recommends approval of the plans and the Planning Division is in accord with this determination based on the mitigated negative declaration. He continued that Mr. Foster is requesting the permit now to enable him to under- take grading during the summer. Should no development occur, the graded area would not represent an eyesore to the public, given its location. He recommended approval of the requested grading permit and concurrence with the mitigated negative declaration granted the project on February 25, 1981. Henry Engen explained that Mr. Foster wanted to summer -in order to not have an erosion problem. would eventually be the ranch headquarters with would house tractors, and a portion used for an test sites to see what uses would be compatible ranch. proceed with the grading this He said that the site a house and a barn which imals. He wanted to do some to make it into a viable Jack Foster answered questions from the council in regards to the submittal of plans and the grading. He explained that he wanted to get a feel for the property before he started working on the plans. He said that the house would be in a separate location from the barn: With regards to the amount of grading, he said that the grading would be all that is necessary to build a house and he wanted the banks to look natural. He said he proposed to set with rye grass and barley, and that the site would be graded on a lZ - 2 percent slope which is relatively flat. He said that he would seed at what seemed the first part of the rainy season. Councilman Settle stated that Mr. Foster's intent was honorable but felt that the grading permit should not be granted till the building permit was issued. He suggested that the applicant pursue the grading permit and the building permit, and would not support the request. He was supportive of denying the grading permit until the building permit was accepted for consistency. Councilman Bond didn't see a problem in granting the request for Mr. Foster. Councilman Dunin did not see any reason for not granting the special permit for the grading before the plans are approved. He supported the request. Councilwoman Dovey concurred with Councilman Settle that the council should not make an exception in granting the grading permit before the building permit was approved, and didn't see that it would create a hardship for Mr. Foster to put it off. She could not support the request. Mayor Billig agreed with Councilmembers Dovey and Settle in that granting this grading permit would set a precedent and hoped that the applicant would put his plans together as soon as possible to bring back to the council. C City Council Minutes May 5, 1981 - 7:00 p.m. Page Sixteen On motion of Councilman Settle, seconded by Councilman Dunin, that the grading permit be denied until building is issued. Motion carried. AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None ' 16. Consideration of request for driveway access to Los Osos Valley Road located at 1445 Auto Park Way (corner of Los Osos Valley Road and Auto Park Way; San Luis Datsun. applicant.) Henry Engen, Community Development Director, stated that San Luis Datsun, now located downtown, is planning to construct new facilities on the vacant property at the subject corner. He said the project has received approval from the Architectural Review Commission and use permit approval from the Planning Commission. The approved project proposes a driveway access onto Los Osos Valley Road and the parcel map (SLO 75 -37) which created the subject lot, specifically restricted all vehicular access rights to Los Osos Valley Road. This was a city requirement in 1975 when the map was approved. The applicant is asking the City Council to grant an exception to the access limitation and allow one driveway as shown on attached site plan. Henry Engen stated that the Planning Commission, Community Development Department, and Fire Department recommend the council adopt the attached draft resolution allowing one driveway access to Los Osos Valley Road as depicted on the attached site plan. On motion of Councilman Settle, seconded by Councilman Dunin, to approve the request for driveway access to Los Osos Valley Road located at 1445 Auto Park Way per staff recommendation. Motion carried. AYES: Councilmembers Settle, Dunin, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None 17. City Council to appoint citizens to study the adopted Campaign Regulations Ordinance to expire December 31, 1981. Mayor Billig stated that the council was required to appoint an ad hoc committee of five citizens to study the Campaign Regulations Ordinance for possible revisions, and asked that each councilmember submit two names to the Mayor for appointment, one of which would be an alternate. . Councilman Dunin felt that the city's election ordinance was impractical and restrictive and recommended abandoning the ordinance and adopting the state law. He wanted to see somebody review the ordinance. Councilwoman Dovey felt that the ordinance would die in December if the committee re- evaluates and doesn't come up with anything else. Councilman Settle supported that the ad hoc committee of five citizens be appointed. Councilman Bond supported having a five - member committee with two alternates and that each councilmember supply names of persons they would like to see appointed. On motion of Councilman Settle, seconded by Councilman Bond, that each councilmember submit two names to the Mayor for 5- member Campaign Regulations Committee with two alternates. Motion carried. AYES: Councilmembers Settle, Bond, Dovey, and Mayor Billig NOES: Councilmember Dunin ABSENT: None 18. Consideration of appointment of a City Treasurer and authorization of signators for the deposit and withdrawal of funds. City Council Minutes May 5, 1981 - 7:00 p.m. Page Seventeen Rudy Muravez, Finance Director,.stated that at the present time the City is operating without a designated Treasurer and with the departure of Mr. Fitzpatrick, there is only one designated signature on the City's bank account. He said that the bank requested the city to provide them with an updated resolution, along with revised signature cards. Since 1975 the Finance Department has been performing the duties normally associated with the Treasurer's function. Mr. Muravez recommended that the position of Treasurer be combined with Finance Director and that the.City Administrative Officer be designated as an alternate signator to the City's Bank Account. Councilman Dunin recommended that this item be referred to executive session. Councilman Settle supported the idea of having the Treasurer combined with the Finance Director and could adopt the resolution because he thinks that the input from Mr. Muravez would be useful. On motion of Councilman Settle, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4480 (1981 Series), a resolution of the City of San Luis Obispo appointing Rudolph C. Muravez as Finance Director and Treasurer. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Bond, Dunin, Dovey, and Mayor Billig NOES: None ABSENT: None Councilmember Dunin and Mayor Billig stated for the record that they objected to the procedure. B -1. City Clerk's report of bids received for "WATERLINE IMPROVEMENT PROJECT ", City Plan Nos. E- 13,E -14, and E -15, bids opened Friday, April 24, 1981 at 10:00 a.m., bid estimate $88,196.08 without contingencies. Dave Romero presented the-staff report recommending that the contract be awarded to R. Baker, Inc. in the amount of $82,105.20. On motion of Councilman Settle, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4478 (1981 Series), a resolution of the City of San Luis Obispo awarding bid to R. Baker, Inc. for "Waterline Improvement Project ", City Plan Nos. E -13, E -14, and E -15. Motion carried. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Bond, Dunin, Dovey, and Mayor Billig NOES: None ABSENT: None B -2. _City Clerk's report of bids received for "NORTH BROAD STREET STORM DRAIN ", City Plan No. E -03, bids opened Friday, April 24, 1981 at 10:15 a.m., bid estimate $54,790 without contingencies. Dave Romero presented the staff report recommending that the "Boriach Storm Drain Project" be awarded to the low bidder, Fred Julien & Associates in the amount of $44,483.60. On motion of Councilman Bond, seconded by Councilman Dunin, the following resolution D was introduced: Resolution No. 4479 (1981 Series), a resolution of the City of San Luis Obispo for "North Broad Street Storm Drain ", City Plan No. E -03, and awarding low bid to Fred Julien & Associates in the amount of $44,483.60. Motion carried Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Settle, Dovey, and Mayor Billig NOES: None ABSENT: None City Council Minutes May 5, 1981 - 7:00 p.m. Page Eighteen There being no further business to come before the City Council, the meeting was adjourned at 12:00 p.m. Thursday, May 14, 1981 at 7:00 p.m. Pamela Voges, Acting City Clerk APPROVED BY COUNCIL ON: June 2, 1981 By di.ivia Gra d , Re ording Secretary ------------------------------------------ M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, MAY 14, 1981 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET STUDY SESSION Roll Call Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Allen Settle, and Mayor Melanie Billig Absent: Alan Bond City Staff Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; Pamela Voges, Acting City Clerk; Henry Engen, Community Development Director; Richard Minor, Fire Chief; Roger Neuman, Police Chief ----------------------------------------------------------------------------- 1. Report of activities of standing Council subcommittees. A. Area Council of Governments Councilwoman Dovey B. C.C.C.J.C. Councilman Bond C. County Water Advisory Committee Mayor Billig D. North Coastal Transportation Councilman-Settle E. Parking Committee Councilman Dunin F. Whale Rock Committee Mayor Billig G. Zone 9 Advisory Committee Councilman Dunin Mayor Billig reported that fishing at Whale Rock Reservoir would probably be starting June 1st. She said the dedication ceremonies were now scheduled for June 26, 1981. She stated the Commission had just been informed that the Seismic Study would be costing an additional $35,000 to cover additional studies to insure that the dam was earthquake safe. She continued that the City of Morro Bay had asked for 300 acre feet of water and the Commission has turned them down, putting them on.notice that for this year they would not allot them any surplus water, but in case of emergency they could contact the Commission. She stated also that Cuesta College would be apying an increase in water, from $200 an acre foot to $220 an acre foot for this year only. The price of water for any entity requesting it would now pay for what it cost to provide the water, which was $330. She stated that the California Men's Colony was using substantially more than their allotment of 411 acre feet although they had been under the impression that they were entitled to 1,000 acre feet of water. The Commission had made it very clear to the Men's Colony that they should be looking for an additional source of water. The Commission also took action to support another safe annual yield study. 2. Off Road Vehicle Ordinance George Thacher, City Attorney, reported that the city's current municipal code, Section 4289 prohibits all recreational driving;. .with one or more riders, on any private premises, without regard to ownership i.e., property owners cannot drive recreational vehicles on unimproved portions of their own property. Under the proposed amendment would require property owner permission. He stated if the Council desired to prohibit such driving altogether, he had submitted a draft ordinance which he recommended that the Council introduce to print.