Loading...
HomeMy WebLinkAbout06/16/1981City Council Minutes June 16, 1981 - 12:10 P.M. Page Three City Staff Present: Lee Walton, Administrative Officer; Pamela Voges, City Clerk; Henry Engen, Community Development Director; Rudy Muravez, Finance Director; Geoff Grote, Legal Assistant.; Roger Neuman, Police Chief; Dave Romero, Public Services Director; and Olivia Grande, Recording Secretary — ----------------------------------------------------------------------------- C-1. On motion of Councilman Settle, seconded by Councilwoman Dovey, claims against the City for the month of June, 1981, were approved and ordered paid subject to the approval of the CAO. Motion carried; all ayes. C -2. On motion of Councilman Settle, seconded by Councilwoman Dovey, the minutes of May 19, 1981 - 7:00 p.m. were approved as amended. Motion carried; all ayes. C -3. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4518 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement with the State of California to relocate utilities on Cuesta Grade. Motion carried; all ayes. C -4. Consideration of an agreement between the City and Dean Powers, et al., for the construction of a waterline in Mill Street from Grove to Grand Avenue under the $25,000 Quarterly Program. Councilman Dunin had a problem with the city's participation. He felt that the city's participation would:_ in_some_ degree be compatible with Mr. Powers' participation, especially for a_.new development. He was beginning to feel that ' the whole program should not be revised since the city was not participating; they were funding. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4519 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and Mr. and Mis. D.T. Powers, Mr. and Mrs. P.W. Powers, and Mr. and Mrs. R.L. Schrecongost. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, and Billig NOES: Councilmember Dunin ABSENT: None C -5. Consideration of the $25,000 Quarterly Water Line Construction Program 4th Quarter Priority Listing. Dave Romero stated that the quarterly program had originally been established in connection with the 604 -A Deficiency Program. The intent had been to assist developers of private property by City funding to enlarge inadequate water mains adjacent to property proposed for development. At the request of the City Council, the formula had been modified approximately nine months ago to take into account ' City need as well as developer need for the project. This has resulted in water lines in projects on the quarterly program all reflecting City priorities and thus has been a very desirable change. The priority which has resulted in the agree- ment with Mr. Powers was submitted and approved during the 3rd quarter. A City paving program on Mill Street has already been adjusted to reflect this priority so as to avoid the installation of a water line in a newly paved street. It was Mr. Romero's opinion that the current formula very well takes into account City interest and.reflects the Council decisions in past years. Councilman Dunin asked whether,-if there were no quarterly program, there would be a requirement for a hydrant installation on a private development. City Council Minutes June 16, 1981 - 7:00 p.m. Page Four Dave Romero responded that the hydrant installation by itself would not provide adequate fire protection since it would be connected to an inadequate main. The enlargement of these mains had historically been the City's responsibility. The quarterly program merely adopts a priority to direct staff in expending City funds. Councilman Dunin stated that a study session should be held to revise the I approach, so the city is not funding private lines. On motion of Councilman Settle, seconded by Councilwoman Dovey, that staff recommendation be approved and the $25,000 Quarterly Funding Program continued for future study session for review. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, and Billig NOES: Councilmember Dunin ABSENT: None C -6. On motion of Councilman Settle, that the progress report by Kahn & Associates on Community Parking Program, Report No. 4, be received and filed. Motion carried; all ayes. C -7. Report from the Auditor Selection Committee and Finance Director with recommendation for the selection of city auditor. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4520 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and Peat, Marwick, Mitchell & Co. for auditing purposes for 1980 -1981. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None C -8. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced to print: Ordinance No. 888, an ordinance of the City of San Luis Obispo adopting the 1979 editions of the Uniform Building Code, building code standards, uniform code for the abatement of dangerous buildings, Uniform Housing Code and Uniform Plumbing Code; and repealing portions of Municipal Code Article VIII, Chapter I. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None C -9. Consideration of a resolution determining that public convenience and necessity require construction of certain curb, gutter, sidewalk, and driveway ramp improvements. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4521 (1981 Series), a resolution of the City of San Luis Obispo determining that public convenience and necessity require construction of certain improvements. City Council Minutes June 16, 1981 - 7:00 P.M. Page Five Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None 1 C -10. Consideration of a resolution approving an agreement between the City and Greer & Company to extend the original agreement to Traffic Safety Project Agreement to July 31, 1981. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4522.(1981 Series), a resolution of the City of San Luis Obispo approving an amendment to agreement between City of San Luis Obispo and Greer & Company to extend the original agreement to July 31, 1981, for Traffic and Safety Project. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle,.Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None C -11. City Clerk's report of bids received for "Uniform and Laundry" Bids for the Public Services Department. . On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No.4523 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and Red Star 1 Industrial Service. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None C -12. City Clerk's report of bids for "City Hall Entrance" City Plan No. E -33, bids opened Friday, June 5, 1981 at 10:00 a.m., bid estimate $12,000. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4524 (1981 Series), a resolution of the City of San Luis Obispo accepting bid and awarding contract to C. Boyd Construction in the amount of $15,077.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None C -13. City Clerk's report of bids received for "Marsh Street Storm Drain" City Plan No. D-06, bids opened Monday, June 5, 1981 at 10:15 a.m., bid estimate $25,000 without contingencies. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4525 (1981 Series), a resolution of the City of San Luis Obispo accepting bid and awarding contract to Fred Julien & Associates in the amount of $21,063. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None City Council Minutes June 16, 1981 - 7:00 p.m. Page .Six C -14. C Project and Higuera June 15, 1981 at 1:30 Clerk's report of bids received Widening" ..City Plan No's. E -07 .m., bid estimate "Street Re -49. bids 3,998.25 without contingencies. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4526 (1981 Series), a resolution of the City of San Luis Obibpo accepting bid and awarding contract to Walter Bors. Construction Co. in the amount of $43,895.53. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None f 1. Public hearing to consider a Planning Commission recommendation to change the westerly portion of Woodbridge Street to Bridge Street; City of San Luis Obispo, applicant. Henry Engen, Community Development Director, stated that the Planning Commission, on a 3 -0 vote, recommended the council adopt the draft resolution changing the westerly portion of Woodbridge Street to Bridge Street. On motion of Councilman Bond, seconded by Councilman Settle, the following resolu- tion was introduced: Resolution No. 4527 (1981 Series), a resolution of the City of San Luis Obispo changing the street name of the westerly portion of Woodbridge Street to Bridge Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 2. Public hearing to consider a Planning Commission recommendation to change the westerly portion of Kentwood Drive to Briarwood Drive: City of _San Luis Obispo, applicant. Henry Engen, Community Development Director, stated that the Planning Commission, on a 4 -0 vote, recommended the council adopt the attached draft resolution changing the westerly portion of Kentwood Drive to Briarwood Drive. Mayor Billig declared the public hearing open. No one appeared before the council for or against the resolution. Mayor Billig declared the public hearing closed. Councilman Bond stated that because of public safety problems he would support the staff's recommendation. Councilman Settle supported the recommendation. Councilwoman Dovey supported the change for reasons of public safety and because she used to live on the corner and many times people would come to her door I looking for certain addresses on Kentwood. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4528 (1981 Series), a resolution of the City of San Luis Obispo changing the street name of the westerly portion of Kentwood Drive to Briarwood Drive. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None City Council Minutes June 16, 1981 - 7:00 p.m. Page Seven 3. Public hearing to consider a City Council resolution authorizing application by the City to the Local Agency Commission ( LAFCO) for annexation of portions of public streets. Dave Romero, Public Services Director, recommended that the City Council pass the attached resolution of application to the Local Agency Formation Commission and direct staff to transmit same with a complete package for LAFCO consideration. He pointed out that the Madonna Road annexation per "Detail E" included the dedi- cations (20') and partial improvements of Madonna Road adjacent to the new post office including the stub street ( Zozobra). This street is being constructed to city standards and includes a city water main to be installed to provide fire protection and domestic service for the post office. He said that the actual dedication documents have been promised but are not yet in hand. He continued that if the documents are not submitted prior to the tentatively scheduled LAFCO hearing on July 16, 1981, on these annexations, the Council may wish to delete this portion and consider it at a later date. In any case, he said the original portion of Madonna Road intended to be annexed should still be pursued. Mayor Billig declared the public.hearing open. Bruce Fraser stated that the documents are in transit on Zozobra. Mayor Billig declared the public hearing closed. Councilwoman Dovey supported adoption of the resolution subject to receipt of the proper documents. On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4529 (1981 Series), a resolution authorizing application by the City of San Luis Obispo to the San Luis Obispo County Local Agency Formation Commission for the annexation of territory as public streets. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Bond, Settle, and Mayor Billig NOES: None ABSENT: None 4. Public hearing to consider a Planning Commission recommendation to approve the tentative map for Minor Subdivision No. 80 -180 to combine all or portions of 9 lots into 3 lots located at 1245 Broad Street; C -R zone; Kore Design and Construction, Inc., subdivider. Councilman Bond stepped down due to a possible conflict of interest. Henry Engen, Community Development Director, stated that the Planning Commission, on a 3 -1 vote, recommended the council adopt the draft resolution granting approval of the tentative parcel map for Minor Subdivision No. 80 -180, subject to the findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. John Korelich, representing the owners, requested that staff take note under Condition #1 that 40 feet should be 51.25 feet and 38 feet should be 39.65 feet. He requested that be corrected for the record. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4530 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision No. 80-180 located at 1245 Broad Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, and Mayor Billig NOES: None ABSENT: Councilman Bond City Council Minutes June 16, 1981 - 7:00 p.m. Page Eight 5. Public hearing to consider a recommendation by the Planning Commission to amend the General Plan Land Use Element Map to extend the urban reserve line to include additional area west of the Laguna neighborhood and changing the land use designation from agricultural /conservation to low densit residential and certifvine the draft E.I.R. Terry Sanville, Senior Planner, stated that Mr. Leonard Blaser, applicant, has asked the city to extend the urban reserve line to include a 285 -acre site on the west side of Los Osos Valley Road at the northern end of the Laguna Neighborhood. He said the Land Use Element's designation of this area would be changed from Argriculture /Conservation to Low = Density Residential. He continued that the Planning Commission recommended the following: (1) The commission forwarded the draft EIR for this project to the City Council. The commission felt that the EIR adequately addresses the project's environmental consequences. (2) The Planning Commission denied the general plan amendment as requested by Mr. Blaser. (3) The Planning Commission recommended that the City Council approve an alternative to Mr. Blaser's paoposal. A map of this alterna= tive is attached and is entitled Alternative "C ". (Note: Alternative "C" was recommended by the planning staff and support- ed by the applicant.) (4) The commission recommended that Mr. Blaser be allowed to create 5 or 6 large -lot housing sites in the western hillside portion of the site - in back of the ridge visible from Los Osos Valley Road. Mayor Billig declared the public hearing open. Mitch Walker, representing Leonard Blaser, said that the transparency on the board was a virtual reproduction of the application which was the final submit- tal to the county and was the subject of their 3 -2 vote for denial. He said that at that hearing it was true that the Board of Supervisors denied it with- out prejudice after several appearances by Henry Engen who voiced openly that the city's policy was that this piece of property should be annexed into the city. He didn't disagree with that position. He said that they then proceeded to put in the pre - application and then paid for a second EIR. He then provided more recent history on the Planning Commission's actions. He clarified that he refers to Alternative C as shown in the draft EIR which clearly shows the 40 single - family lots in the balance of the project exactly as recommended except that the plan slightly changed and presented another map to the council describing the Planning Commission recommendation. He asked the council to do one of three things: to approve the original application per council's direc- tion for 113 units; to approve the Planning Commission recommendation which would allow 40 single - family units plus /minus 6 large lots up on top; or act on the original application and give denial. Mitch Walker continued that the EIR states that it is a viable use of the land and that_ the lower pieces of property could be construed as class 2 irrigation land if irrigated. The whole basis of the EIR discussion revolved around two points: the possibility of class 2 agricultural use for that land. He said that if you take out 40 lots you come up with give /take 40 acres and then take the largest lot in the category .which is 40 acres and divide you come up with 6 lots. He asked to preserve the one viable agricultural parcel as large lot and transfer the density into 10 20 -acre parcels on the back as a reasonable use of that land. He concluded on rebuttal points for the staff's recommendation. Leonard Blaser said that they had tried to put together a good project for the 285 acres of land and tried to put it to the best interests of everybody con- cerned, and felt that he was not asking too .much for what was presented this evening. He said that there was a lot of open space and thought that the dev- elopment would be an asset to the city. Mayor Billig declared the public hearing closed. L' 1 1 City Council Minutes June 16, 1981 - 7:00 p.m. Page Nine Councilwoman Dovey agreed that Mr. Blaser had tried to put together a good project but that it was bad timing. She said that projects have already been turned down within the city limits because the city does not provide services above certain elevations and does not allow wells and private septic tanks. Her biggest problem was that she can't approve the moving of the urban reserve line for one project. She also didn't agree with the statement that "the pro- ject is consistent with the land use element ". She said that staff's evaluation was that it does not conform to the General Plan. She felt that Alternative C could be acceptable later on down the line, and that we should stick by the commitment of the General Plan which calls for infill to areas within the city limits that the city can serve adequately. She said that the EIR does not ad- dress air quality at all. Councilman Bond was displeased with what came back to the council and what the Planning Commission recommended. With everyone concerned about affordable housing and to take a project of this planned magnitude and reduce it down .to 40 homes on 280 acres is going from affordable housing to estates which would be a very exclusive subdivision. He said he supported earlier that this development should have more houses if it is to go in; if not, it should go back to the county. He would deny the application at this time because it is a misapplication on the city's part of viable building land which could in no way be construed as agricultural land especially if it was irrigated it would be a bigger waste of water than putting housing in. Councilman Dunin was more than displeased with the staff. He said that it was an established fact that the city does not annex any land and to suggest to the Board of Supervisors that this was the best approach was misleading and dishonest. Secondly, it was the clear expression of the council that at the pre- tentative hearing the council would like to see the possibility of utilization of the plant. He would not support the project, considered the EIR more than adequate including the amount of air pollution that would be produced from 40 houses cutting away between two ranges of mountains. He believed it would be a criminal misuse and under- utilization of land for the future where the city is looking for agricultural land. He was opposed to the project. Councilman Settle would not support the project because he got the impression from the applicant that he was interested.in 113 units or essentially nothing. The idea on the original map of 40 units and an open space preservation next to it would be a viable project because it would terminate the squaring off of the city boundaries. One reason he could not support the application was the request by the applicant for 5 or 6 large lots that will then in essence connect this particular location of the site to the Bear Valley location would start the creeping sprawl out Los Osos Valley. He recalled from the Planning Commission that Tract 603 and 608 was supposed to be the delineation line and thought there were conflicts with the general plan. He thought the applicant could work out a proposal if he was willing to look at the initial application of what the Plan- ning Commission was recommending of Alternative C which would be a much more viable alternative. He thought the EIR had been satisfactorily done, and didn't think there was a misrepresentation on staff's part. He thought 113 units and linkage between the 40 homes proposed which would in themselves was not a major problem with an additional 5 lots would start a pattern of development that he could not support. Mayor Billig stated that until the courts rule on Measure G it was unclear as to whether the city can give final approval on annexations. She had .a serious problem in that the EIR was inadequate in delivering and addressing water to this area. She thought that the city had a policy on annexations, didn't consider this a minor annexation, and thought it was premature. She could see the project as a clear indication that it would be opening up Los ' Osos Valley to further urban sprawl and further demand for services. She felt that the city should send a clear message to the Board of Supervisors that this development is premature. She reiterated that there are several large projects inside the city and that the services should go to them first. Henry Engen indicated that Mr. Walker had over - simplified his representation to the Board of Supervisors. Specifically, he had presented the formal city council's position to the Board and noted that if such a subdivision made any sense, it should be part of the city. This would require city approval of a general plan amendment, which may or may not be approved. On motion of Councilman Bond, seconded by Councilman Dunin, the following reso- lution was introduced: Resolution No. R -4531 (1981 Series), a resolution of the City of San Luis Obispo certifying the final environmental impact report for the Irish Hills Hacienda project. City Council Minutes June 16, 1981 - 7:00 p.m. Page Ten Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, and Settle NOES: Councilmember Dovey and Mayor Billig ABSENT: None On motion of Councilman Bond, seconded by Councilman Settle; to deny the project. Passed on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 6. LEASING OF PUBLIC SCHOOL SPACE A. GP 0940 Public Hearing to consider a proposal by the school to amend the General Plan to allow certain commercial uses in schools with excessive classroom capacity to make it more feasible to keep those schools open. B. GP 0941 Public Hearing to amend the Zoning Regulations to specify what types of uses would be allowed to establish those uses. Henry Engen, Community Development Director, stated that this City Council has initiated this change to the general plan at the request of the school district so excess space in schools may be leased to private firms which would otherwise be prevented from locating outside office and commercial zones. He presented a background and evaluation for the proposal and stated that the general plan amendment should be approved with.the wording change suggested by the Planning Commission. He recommended that the Zoning Regulations should be amended by the addition of a special section, attached in the staff report, which would contain all provisions relating to the school leasing program. He continued that the council should consider the initial environmental study and affirm the approval of a negative declaration by the Community Development Director. Mayor Billig declared the public hearing "open. Shirley Guard felt that there was a problem with empty classrooms; that there were 25 of them within the city now. She felt that traffic problems would be fewer by leasing to a business than by using for classes of 28 students. She said that a citizens advisory committee had been formed and that a survey was taken of the parents and neighbors as to what type of businesses they would like to proceed with the plan and that flexibility was needed to run the program. She felt that too many restrictions would be costly and wanted the program to be well regulated. Mike Morris, San Luis Obispo Coastal Board of Trustees, stated that the proposal provides the school district with an opportunity to use a resource it has with empty classrooms to generate revenue. He continued that the district was de- clining in enrollment, many of the schools have empty classrooms, which makes them more expensive to operate.. He said an alternative would be to close the schools and eliminate neighborhood schools. He stated that the proposal that was made would go a long way toward assisting the district in keeping the schools open. Bill Newman, Superintendent of San Luis Coastal, stated that he would prefer leasing rather than selling the sites so that there would be an opportunity to use them again for students if the enrollment ever increases at some time; that the school board would be very concerned with the welfare and safety of the students. He thought the city was assured of some protection of the neighborhoods and problems that might arise because the school district would have to comply with the city regulations. He stated that a significant group of people were dedicated to keeping their local schools open. City Council Minutes June 16, 1981 - 7:00 p.m. Page Eleven Penny Rappa stated that she - served on the Advisory Committee and was somewhat skeptical. She looked at the uses in the schools in a different light in that they can't encroach upon the neighborhood and will keep the neighborhood viable. She said that young families were needed to keep the neighborhood alive. Cathy Settle, parent at C.L. Smith School, stated that the parent groups were interested in the kinds of businesses that go into the schools. She said that the Planning Commission mentioned the kinds of business that would be acceptable or unacceptable on campus. She was in favor of the program which would be of benefit to the school children and the teachers. Vic Montgomery, 672 Serrano, expressed his support in maintaining the neighbor- hood school system in whatever fashion it has to take. In his opinion the schools should be kept open at all costs and kept as a neighborhood unit. He had questions about how this particular program would work, questioned the sign - age, and wanted to know how many square feet were being considered to be made available in any given one year period of time. He hoped that the city could be creative in working with the school district in trying to solve the-problems, and appreciated the council's creative attitude in dealing with a: serious problem. Henry Engen, Community Development Director, responded to Mr. Montgomery's con cerns in that everything would have to come to the city in one fashion or another to meet the performance standards. The second category of administrative approv- al would be those uses that might be potential problems, and that a Planning Commission use permit would be required for anything beyond that. He said that the signage would be private signing. He added that the square footage involved in each room was 3,000 square feet for school, and that the taxes would be busi- ness licenses for private businesses. Peg Pinard was in favor of using this program as a viable option of keeping the school's open. She said that -at the present level of population they may be slated for closure. She wanted to see the council adopt a plan which would give intermediate action, and that after a couple of years if the populations in- creases the classrooms could be used again. She was in support of the proposal and didn't see any business use that - encroaches on the residential area. Catherine Owens, 1552 Madonna Road, was in support of the program and thought that the city should be looking toward preserving the schools instead of tear- ing them down. Mayor Billig declared the public hearing closed. Councilman Bond elaborated on some of the business uses he felt were acceptable or unacceptable. He said that the business should be segregated as far away from the classrooms as possible so the children do not play outside the offices on their breaks and disturb the businesses. He stated that he would support the program with a few of the uses cleaned up and streamlined. He added that.with a..flow chart there would be enough checks and counter checks by the groups prior to going to the school for a use permit. Councilwoman Dovey stated that she could not support some of the uses listed because of the generation of traffic, and also felt they should be separated _ from the classrooms so th6 children are not anywhere near. She would support stor- ing records, telephone answering, paging services, court reporters, etc. She was concerned that each business should have no more than two or three people at the most, and that all uses should go through administrative approval. She had a question about granting special privileges and thought that a variance should be looked at. Ilene Spearce, parent on the Project Coordinating Council and who surveyed on the Advisory Committee for leasing, stated that throughout the surveys there was no indication that the people were opposed to the leasing of the schools. She said that definite considerations to the types of businesses were made but the city took the time to be very cautious and careful about those businesses that they would even consider.. She felt that the schools provided the child - ren with an excellent education, and urged the council to consider the proposal. Penny Rappa stated that she - served on the Advisory Committee and was somewhat skeptical. She looked at the uses in the schools in a different light in that they can't encroach upon the neighborhood and will keep the neighborhood viable. She said that young families were needed to keep the neighborhood alive. Cathy Settle, parent at C.L. Smith School, stated that the parent groups were interested in the kinds of businesses that go into the schools. She said that the Planning Commission mentioned the kinds of business that would be acceptable or unacceptable on campus. She was in favor of the program which would be of benefit to the school children and the teachers. Vic Montgomery, 672 Serrano, expressed his support in maintaining the neighbor- hood school system in whatever fashion it has to take. In his opinion the schools should be kept open at all costs and kept as a neighborhood unit. He had questions about how this particular program would work, questioned the sign - age, and wanted to know how many square feet were being considered to be made available in any given one year period of time. He hoped that the city could be creative in working with the school district in trying to solve the-problems, and appreciated the council's creative attitude in dealing with a: serious problem. Henry Engen, Community Development Director, responded to Mr. Montgomery's con cerns in that everything would have to come to the city in one fashion or another to meet the performance standards. The second category of administrative approv- al would be those uses that might be potential problems, and that a Planning Commission use permit would be required for anything beyond that. He said that the signage would be private signing. He added that the square footage involved in each room was 3,000 square feet for school, and that the taxes would be busi- ness licenses for private businesses. Peg Pinard was in favor of using this program as a viable option of keeping the school's open. She said that -at the present level of population they may be slated for closure. She wanted to see the council adopt a plan which would give intermediate action, and that after a couple of years if the populations in- creases the classrooms could be used again. She was in support of the proposal and didn't see any business use that - encroaches on the residential area. Catherine Owens, 1552 Madonna Road, was in support of the program and thought that the city should be looking toward preserving the schools instead of tear- ing them down. Mayor Billig declared the public hearing closed. Councilman Bond elaborated on some of the business uses he felt were acceptable or unacceptable. He said that the business should be segregated as far away from the classrooms as possible so the children do not play outside the offices on their breaks and disturb the businesses. He stated that he would support the program with a few of the uses cleaned up and streamlined. He added that.with a..flow chart there would be enough checks and counter checks by the groups prior to going to the school for a use permit. Councilwoman Dovey stated that she could not support some of the uses listed because of the generation of traffic, and also felt they should be separated _ from the classrooms so th6 children are not anywhere near. She would support stor- ing records, telephone answering, paging services, court reporters, etc. She was concerned that each business should have no more than two or three people at the most, and that all uses should go through administrative approval. She had a question about granting special privileges and thought that a variance should be looked at. City Council Minutes June 16, 1981 - 7:00 p.m. - Page Twelve = _ Councilman-Settle supported the program and said that it was a situation where it was cheaper to try and deal with the uses than it was to see a school close permanently. He felt that the types of uses could be easily worked out and could be controlled by moving into the category of uses allowed for administra- tive.approval. He said that the traffic would be less than with a fully oc- cupied school. His main objective was that he did not want to see the schools close down. Councilman Dunin stated that he was sympathetic to save the neighborhood schools but not at all costs. He would definitely not agree on a blanket approval of the.:change in the General Plan and the zoning regulations. He said that he would support a home occupation type approach where certain uses would be permitted. He felt that there should be some cooperation between the city and the school district so as not to jeopardize the city's own procedures, and would not vote for a blanket approval_. and a change in the General Plan and zoning. Mayor Billig thought that it was essential to look at viable ways of keeping the neighborhood schools open, and that the school district and the city should fully cooperate with one another. She said that the types of uses seem to be broad and would go along with many of them. She thought the procedures for granting some of the uses needed to be looked at more closely, and that by do- ing that the city will be granting a type of special privilege to the school district. There was a brief discussion on.changing the General Plan and zoning regulations, and Councilman Bond suggested that on page 6 -5, Exhibit A, that Temporary Uses be for compatible private activities to prevent closing of the public campuses, with a time limit of 36 months to review again. On motion of Councilman Bond, seconded by Councilman Settle, a) to affirm the negative declaration of the Community Development Director; and b) to adopt Resolution No. 4532 (1981 Series), a resolution of the City of San Luis Obispo amending the land use element of the General Plan to provide for commercial uses at public schools (GP 940) and to include working change as recommended by the Planning Commission including Exhibit.A with review in three years. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Settle, Dover, and Mayor Billig NOES: Councilmember Dunin ABSENT: None Councilman Dunin stated that he could not vote for the negative declaration because it was a flagrant deviation from the city's policy. On motion of Councilman-Bond, seconded by Councilman Settle, to direct staff to come back with specific uses for possible amendment to the Zoning Regulations by July 7. Passed on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 7. Public hearing to consider an appeal by attorneys representing Richard Warner appealing an action of the Planning Commission to continue further consideration of General Plan Amendment GP 0951. Geoff Grote, Legal Assistant, stated that General Plan Amendment GP0951 was scheduled to be heard by the Planning Commission on May 20, 1981. However, be- cause Mr. Warner was appealing the environmental determination to the City Coun- cil, the staff informed the commission that any hearing on the item could not City Council rMinutes _ June 16, 1981 - 7:00 p.m. Page Thirteen occur until a final decision was reached at the council's June 2, meeting. He continued that the staff recommended that the commission continue the hearing to June 10, 1981 but that the Planning Commission did not set this matter for hearing on June 10. He said that the motion which would have set this matter for that date failed to receive the necessary three affirmative votes. He continued that the second motion which would have set this matter for hearing in September (as per Mr. Warner's request) also failed for lack of a second. He said that the Planning Commission did. not,set a date certain to hear this matter and the motion, which finally passed simply stated that the matter would be rescheduled following.a June 2 council decision on the appeal of the environmental determi- nation. Hence, GP0951 has yet to be reviewed by the Planning Commission at their May 20 meeting have been forwarded to the council and will be heard at the council's June 16 meeting. He stated that it was virtually certain general plan 0951 will not be ready for council's June 16 meet. Therefore, council might be well advised to order that this matter be scheduled for Planning Commission review during the September general plan amendments. Shauna Sullivan, associate with Miller & George law firm, stated that there was a description on the agenda which failed to state that the Planning Commission failed to follow procedure mandated by the city code. She said this amendment effectively restricts private property owners from making use of their property. She continued that proposed general -plan amendments shall be considered by the Planning Commission at regular meetings in January, May, and September of each year. Proposed amendments shall not be considered at any other time. She said that any action they took at that time was null and void. She stated that the appellant is requesting that the matter not be continued at this time, and that they will submit the rest of the appeal on a written appeal application. On motion of Councilman Dunin, seconded by Councilman Settle, that the Commun- ity Development Director be directed to set public hearing for General Plan Amend- ment for Planning Commission during September. Passed on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None At 9:35 p.m. the council took a 15- minute recess. The meeting reconvened at 9:50 p.m. 8. Advisory Body Handbook Geoff Grote, Legal Assistant, informed the council that there have been dele- tions and amendments made since the last time the council reviewed the Handbook, and reiterated that there should be an expressed code of ethics written into the handbook describing what kinds of conflicts of interest are not acceptable, under what conditions a member should step down, and also an ordinance written with that making null and void any action taken that poses a conflict of interest. Councilman Settle was not supportive of the handbook, not because it was not conceptually a good idea but because there were several things that were not clarified. He felt that the handbook had several problems, among them the length of terms. He said that individuals serving for two -year terms can become polar- ized. He was also concerned with the code of ethics and the status of the size of the CAC membership. Councilwoman Dovey addressed Councilman Settle's comments in that time was not something that was an ordinance cast in concrete. She said that the code of ethics will be addressed giving each commission an opportunity to set up their own code of ethics. On motion of Councilwoman Dovey, the following resolution was introduced: Resolution No. 4533 (1981 Series), a resolution of the City of San Luis Obispo adopting the handbook for advisory bodies. City Council Minutes June 16, 1981 - 7:00 p.m. Page Fourteen Councilman Dunin seconded the motion with the amendment that the handbook be reviewed in no less than 6 months and no later than one year. Passed and adopted on the following roll call vote: AYES: Councilmembers Dover, Dunin, Bond, and Mayor Billig NOES: Councilmember Settle ABSENT: None 9. Consideration of specifications for property located at the corner of Palm and Osos Streets declared surplus by the City Council (continued from 6/2/81). Lee Walton, Administrative Officer, stated that at the June 2, 1981 meeting the City Council approved the sale of the surplus property at Palm Street and that specifications have been prepared outlining the conditions by which the property be sold. One significant addition to the conditions of sale include that the ARC would review all schematic plans for projects submitted to the City and that the ARC would rank all projects and send a ranked listing to the City Council. He recommended that the council consider the minimum bid with a clos- ing date for 60 days (mid- August or September), and that the specifications be reduced to 40,000 square feet leaving a good deal of flexibility to the indivi- dual. Henry Engen, Community Development Director, added that the conditions of sale would alert the bidder to the need to understand his /her responsibility for providing parking and that the types of schematic plans that must be submitted with each bid package are described in more detail. Councilman Settle concurred with Mr1 Walton's recommendation in reducing the square footage to 30,000- 50,000, and having a building at least two stories high with the possibility of going to three stories in the back which would be compatible with the Andrews Building next door. Councilman Dunin felt that if the specifications are restricted to 40,000 square feet that may preclude a good development. Councilman Bond thought that the clients would be able to build 40,000 square feet, and concurred with reducing the square footage from 30,000- 50,000 with the possibility of building out to maximum. After brief discussion, it was moved by Councilman Settle, seconded by Council- woman Dovey, that the specifications be approved to reduce the square feet from 30,000 - 50,000, limit to two stories on Palm Street with possibly going higher on the lower portion of the property, minimum bid of $450,000, and fixing Sept. 1 as date to receive bids. AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None Councilman Bond stated that his Aye vote was for the specifications only, and would vote No on the rest of the motion. 10. _Consideration of an ordinance revising the City's Demolition Ordinance (continued from 4/7/81).. Henry Engen, Community Development Director, stated that Sections 1 and 2 of the ordinance are housekeeping items requested by the Chief Building Official with Section 3 dealing with the substantive issues raised by the council at their April 7th meeting. He said that as drafted, the proposed ordinance would replace present language dealing with the 45 -day waiting period, with the following basic provisions: City Council Minutes June 16, 1981 - 7:00 p.m. Page Fifteen 1. ARC Referral: All demolition permits (approximately 10 last year) would go straight to the ARC for determination as to whether the building is "significant ". If not, the demolition permit could be granted as a routine administrative act by the Chief Building Official. 2. Significant Structures: Where the ARC determines that a structure has historic architectural or aesthetic significance to the com- munity, the applicant would be required to submit plans for its replacement, and these plans would have to be found at least as compatible with the neighborhood as the pre - existing use. In ad- dition, a 45 -day notice requirement would be placed in the local paper alerting citizens to a proposed demolition. In the event the ARC did not make the necessary findings, the demolition permit could not be approved unless successfully appealed to the City Council. Henry Engen stated that it was staff's recommendation to pass-to-print the draft_ ordinance with any changes desired by the council. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following ordinance was introduced: Ordinance No. 889 (1981 Series), an ordinance of the City Council of the City of San Luis Obispo amending certain provisions of Arti- cle VIII, ( "Demolition and Moving of Buildings "), of the San Luis Obispo Munici- pal Code. -Passed-to-print-on the following roll call vote: AYES: Councilmembers Settle, Dovey, and Mayor Billig NOES: Councilmembers Bond and Dunin ' ABSENT: None 11. TREE POLICY ORDINANCE A. Council to consider ordinance to amend the City's Tree Ordinance. B. Consideration of a resolution approving policies and standards for street tree planting and maintenance (continued from 4/21/81). On motion of Councilman Settle, seconded by Councilman Dunin, the following ordi = nance was introduced: Ordinance No. 890 (1981 Series), an ordinance of the City Council of the City of San Luis Obispo amending Article IV, Chapter 3 of the Mun- icipal Code (Tree= Regulattons). Introduced to print on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4534 (1981 Series), a resolution of the Council of the City of San Luis Obispo approving and adopting policies and stand- , ards for street tree planting and maintenance. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None City Council Minutes June 16, 1981 - 7:00 p.m. Page Sixteen 12. RENT STABILIZATION FOR MOBILE HOMES A. Consideration of an urgency.ordinance stabilizing rents in mobile home parks as of 6/1/81 until 10/31/81: B. Consideration of an urgency ordinance imposing a moratorium In the conversion of mobile home parks to stock cooperations condominiums planned developments or other forms of subdivided interests: Geoff Grote, Legal Assistant, stated that the ordinances proposed were not perm- anent ordinances; they were ordinances that the council can adopt that address problems with regard to rents -and condominium conversions of mobile home parks. He said that rent increases pursuant to leases are not affected by these ordi- nances. He added that an urgency interim ordinance requires 4/5 vote of the council in order to pass. Councilman Dunin asked if the rent stabilization applies to the leases that ex- pire, and Geoff Grote responded that where the tenant and owner enter into a negotiated lease that it would not affect them. He said that the tenant shall be given a rental agreement for a one -year term. Mayor Billig declared the public hearing open. Lois Rinehart, 1029 Nancy and a 10 -year resident of Laguna Lake Estates, stated that there are many elderly or retired people who own or are buying their own mobile homes, shop in San Luis Obispo and contribute to the city's economy. She said that 900 tenants have signed petitions requesting that the City Council formulate and adopt an urgency rent stabilization ordinance .realizing a.reason- able rate of return that rent increases or decreases should be based on changes such as taxes, maintenance, and addition or deletion of park amenities. Ward Spencer, Creekside Mobile Home Park, stated that mobile homes today are permanent residences with 1500 square feet or more of living space and the 1 average price is about $40,000 which is a conservative figure. He said that the rental rate is arbitrarily set by the park owners without any negotiation or question from the homeowner. Tom Schumann, 630 Perkins Lane, felt that the city has an obligation to protect the people who live in mobile home parks, and that the amount of land to be used for.mobile home parks should be limited. Morris Levin, who lives in a mobile home park in Pismo Beach and a member of the SLO legislative committee of over 1000 members in.the county, spoke to the council on some of the mobile home park tenants' problems. He said that an almost zero vacancy factor in mobile home parks provides a background for rent increases. He felt that land speculators were pressing mobile home owners to become specula- tors themselves and that they.should be-protected against any form of land-spec- ulation. He said the committee's objectives were to make it profitable to operate mobile home parks and also to provide decent affordable housing to senior citizens and others. He stated that the June 29 report to the council by HRC states that most of the SLO-mobile home'parks have increased space rents above the rental element of the CPI average for 5 years, and added that averages should not be used in determining if rents have been raised favorably. He urged the council to pass legislation to allow for fair and equitable rents. Vic Montgomery urged the council to give serious consideration to the course they are about-to embark on and where it is going to land in the long run. He felt that the problem was in the fact that there were not enough mobile 1 home parks, and that issue should be addressed with the city's general plan. Brent Swanson, 1800 E. 17th Street, Santa Ana, Attorney representing the Assoc- iation of Mobile Home Parks, spoke in opposition to the mobile home park rent control. He said that from a legal standpoint there were a number of legal requirements that any ordinance of that type has to meet, that rent control was something incredibly complex from the standpoint of the law, and hoped that the council would make an appropriate decision. He urged the council to give the matter a great deal of study and to not vote on the ordinances this evening. His opinion was that the city has to comply with the requirements of CEQA. He con- tinued that mobile home parks were depreciating at a very substantial rate each year and that a mobile home resident would be insane to move his home. He re- City Council Minutes June 16, 1981 - 7:00 p.m. Page Seventeen quested that the.council not legislate at-this time causing a hardship on many of his clients and also causing a situation where the city is creating an ad- versary relationship between his clients and the City Council and residents. Mr. Swanson felt that it would be extremely expensive for the city to do rent control when the money could be used on other services. He stated that it would have a detrimental effect throughout the city and that facts would demon- strate that rents have not been rising extensively. He reiterated his feeling that rent control was inappropriate and that there were -creative solutions to solve the problem without legislation and by not passing an ordinance this even- ing. Therma Henderson, owner of Oceanaire Mobile Home Park on Orcutt Road, didn't see why the City Council would want to burden themselves with the proposition of having to police yearly or monthly a rate increase; it would be adding to the _. agenda. Clint Lefler, President of Hoover Management Company and manager of Chumash Village Mobile Home Park, stated that he has given notice of a rent increase effective July 1 and that if this ordinance goes into effect that rent increase will not be forthcoming. He strongly urged the council not to grant the ordi- nance because he needed the funds for the economic survical of the property and it would cause him grave financial difficulty. Mayor Billig declared the public hearing closed. Mayor Billig read a letter from George S. Hedley Jr. dated June 10, 1981 into the record: "Dear Mayor and City Council: t I am sorry that I will not be able to attend the June 16th meeting of San Luis Obispo City Council. I am home recuperating from heart surgery, 5 by- passes. As President of Laguna Lake Co., which operates Laguna Lake Mobile Estates, I wish to express my opposition to rent control of any form. Our country operates as a democracy and as such there are still a few rights left for the individual citizen, even though government at all levels has been increasing its control over us as individuals. I firmly believe that there is a way to solve rent control by cities and counties. Rent control is a costly program for local jurisdictions. More and more cities and counties are voting against rent con- trol as they see the problems they are encountering. Unfortunately, the park owners and management do not have the votes to elect or defeat council members. The majority of the votes are in the hands of the residents. I am very concerned with the yearly increase in rents that we have been making to our residents. I know that there has to be a limit to what can be charged. We at Laguna Lake are exploring various ideas beside a lease to keep rent in- creases at a bare minimum. On November 1, 1979, Laguna Lake Mobile Estates offered a 5 year lease to all of our residents. At that time we had 202 residents and of that number 166 signed the lease. The 36 residents that did not sign the lease are treated the same as those that have signed the lease. We now have added 88 additional spaces and as each space is rented the resident is signing the lease. The lease is based on 90% of the Consumer Price Index for Los Angeles -Long Beach - Anaheim. The increases for the CPI have been less in this area than in the San "Francisco- Oakland area. Yearly, we furnish each household a copy of the CPI. In addition to 90% of the CP.I, the lease states that we may pass through to the resident any increase in governmental charges, for example; water increases, sewer increase, trash col- lection increases, property tax increases and any other governmental mandated increases. Our residents are not surprised when a yearly change in'the rent occurs/ As you must know, the State of California, by law, has said that all mobilehome parks in the state must offer a 12 month lease to all residents of mobilehome parks. However the resident does not have to accept this. J City Council Minutes June 16, 1981 - 7:00 p.m. Page Eighteen It seems to me that a lease for the required 12 months or longer is the solution to rent control. I feel that representatives of the residents and representa- tives of the park owners should sit down together and discuss the matter of leases or something similar that would benefit both sides. We at Laguna Lake (management) feel that our present program is very fair to all concerned. Remember, mobilehome park owners are businessmen in your town and are entitled to a fair profit just as the local merchant is entitled to a fair profit. Sincerely yours, George S. Hedley Jr. President Laguna Lake Co." Councilwoman Dovey didn't think that any park owner would suffer too much in not having a rent increase for 5 months. She felt that the city does have an obligation to protect a certain segment of the population who are in an unusual situation, and would support the ordinances as temporary. Councilman Dunin said that if that many people are suffering a hardship that it was the city's obligation to look into the matter, but not necessarily guaran- teeing that the council would pass the permanent ordinance. He felt that the two groups should get together to try to find common ground and resolve the problem to the satisfaction of both owners and tenants. He said he would be closely watching to make sure that.none of the owners was taking advantage of the sit- uation, and would support both interim ordinances. Councilman Bond was not sure that an ordinance or moratorium was the proper . legal course to take at this time. He felt that both sides had good arguments pro and con and would support putting an ordinance into effect for 6 months. Councilman.Settle supported both of the interim ordinances which were designed to be a catalyst to resolve the differences between the parties. He said that it was important the council recognize that mobile home parks represent an important segment of the housing in the community. Mayor Billig encouraged staff to gather supporting data-from legal advice as well as from park renters in order to come to grips with what exactly is happening in the community. She said that during this 5 -month period there should be a good faith effort on the part of all parties involved to try to work together toward some type of non - governmental solution. On motion of Councilwoman Dovey,seconded by Councilman Settle, the following ordinance was introduced: Ordinance No. 891 (1981 Series), an interim urgency ordinance of the City of San'Luis Obispo stabilizing rents in mobile home parks as of June 1, 1981, until October 31,'1981. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None 13. Consideration of a resolution to extend a grant to the Child Care Resources Center through June 30, 1982. Mayor Billig stated that the Human Relations Commission is asking the council's support in extending the city agreement between the Child Care Resource Center and Economic Opportunity Commission through June 30, 1981. She said there would be no fiscal impact as far as the 81 -82 budget was concerned. On motion of Councilman Settle, to consider these recommendations along with the package of Self -Help Housing situation and all other grants in July. 1 1 City Council Minutes June 16, 1981 - 7:00 p..m. Page Nineteen This item was continued to the June 17,1981 meeting after Budget Session. There being no further business to come before the City Council, the meeting was adjourned at 11:45 p.m. to Wednesday, June 17, 1981, at 12:10 p.m. Pamela Voges, City Clerk APPROVED BY COUNCIL ON: 7/21/81 Olivia Grande, Recording Secretary ------------------------------------------------------------------------------- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JUNE 17, 1981 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call Councilmembers Present: GlennaDeane Dovey, Alan Bond, Ron Dunin, Allen Settle, and Mayor Melanie Billig Absent: None City Staff Present: Lee Walton, Administrative Officer; Pamela Voges, City Clerk; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Geoff Grote, Legal Assistant; Dave Romero, Public Services Director; and Olivia Grande, Recording Secretary I. CONTINUED REVIEW OF THE 1981 - 1982 CITY BUDGET The City Council resumed their discussion of the proposed 1981 -1982 Budget: Item No. Public Services Council Action Administration I.A.2., Engineering I.A.3. Street Divisions a. Street Maintenance b. Street Painting c. Traffic Signals and Lighting d. Shop and city yard e. Parking Meters and Collections f. Parking Facilities Accepted recommendation Accepted recommendation Added $3,000 for additional oiling and graveling Accepted recommendation Accepted recommendation Accepted recommendation Accepted recommendation Accepted recommendation