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03/02/1982City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 2 C -2 COUNCIL MINUTES On motion of Councilman Settle, seconded by Councilman Dunin, the following minutes be approved as amended: February 2, 1982 - 7:00 p.m. and February 8, 1982 - 12:10 p.m. Motion carried, all ayes. C -3 CONTRACT PAY ESTIMATES On motion of Councilman Settle, seconded by Councilman Dunin, contract pay estimates and change orders for the month of February be approved and ordered paid. Motion carried, all ayes. C -4 CLAIM AGAINST THE CITY - YOLANDO RAMOS On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Yolando Ramos in an undisclosed amount for personal injury and property damage sustained by tripping on alleged defective city sidewalk located at 190 Murray Street be denied. Motion carried, all ayes. C -5 CLAIM AGAINST THE CITY - WESTSIDE AUTO PARTS On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Westside Auto in the amount of $70 for alleged sewer backup damage at 1232 Monterey Street be denied. Motion carried, all ayes. C -6 PERSONNEL MATTERS A. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4744 (1982 Series), a resolution of the Council of the City of San Luis Obispo adopting a new position classification plan consisting of job titles, descriptions, and employment requirements for all permanent positions included in the , miscellaneous employees unit. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None B. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4745 (1982 Series), a resolution of the Council of the City of San Luis Obispo adopting and ratifying the memorandum of understanding between the City of San Luis Obispo and the San Luis Obispo City Employee's Association for the period January 1, 1982 through December 31, 1983. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4746 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending Resolution No. 4850 (1981 Series), to increase the monthly salary of the Fire Chief to $3,350 per month effective March 15, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 3 NOES: None ABSENT: None C -7 HRC GRANT CONTRACTS On motion of Councilman Settle, seconded by Councilman Dunin, the following resolutions were introduced: 1) Resolution No. 4747 (1982 Series), a resolution approving an agreement between the City and San Luis Obispo County Retired Senior Volunteer Program to provide $1,500 for services provided from January 1, 1982, through June 30, 1982; 2) Resolution No. 4748 (1982 Series), a resolution approving an agreement between the City and San Luis Obispo Family YMCA to provide $2,500 for services provided from January 1, 1982, through June 30, 1982; 3) Resolution No. 4749 (1982 Series),.a resolution approving an agreement between the City and Friendship School, Inc. to provide $1,109 for services provided from January 1, 1982, through June 30, 1982; 4) Resolution No. 4750 (1982 Series), a resolution approving an agreement between the City and San Luis Obispo Child Development Center to provide $4,225 for purchase of equipment and janitorial services purchased from January 1, 1982, through June 30, 1982; 5) Resolution No. 4751 (1982 Series), a resolution between the City and Central Coast Variety Society to provide $375 for services provided from January 1, 1982, through June 30, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -8 POLICE FACILITY HVAC SYSTEM MODIFICATIONS BID Council considered report of bids received for "POLICE DEPARTMENT HEARING, VENTILATION, AND AIR - CONDITIONING MODIFICATION ", Bid estimate, $15,000 without contingencies; bids opened February 16, 1982, at 10:00 a.m. On motion of Councilman Settle, seconded by Councilman Dunin, the sole bid of Smees, Inc. in the amount of $21,905 be rejected and staff authorized to readvertise. Motion carried, all ayes. C -9 RESCINDING THE SAFETY -LOSS CONTROL POLICY Councilman Griffin requested that the Council be apprised by the Admini- strative Officer of this administrative policy and procedures.when completed, together with any major changes which may from time to time occur. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4752 (1982 Series), a resolution of the Council of the City of San Luis Obispo rescinding Resolution No. 4273, the safety -loss control policy and procedure covering city employees. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -10 VEHICLE BIDS On motion of Councilman Settle, seconded by Councilman Dunin, report of City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 4 bids received for city vehicles for various departments, bids opened 1/20/82, be accepted and staff recommendation approved for the following vehicles: Vehicle Lowest Bid Recommendation Clerk $7,854.94 Accept bid of Iverson Motor Co. Building 6,404.54 Accept State bid Engineering 6,909.85 Accept State bid Streets 26,981.24 Accept low bid of Hysen- Johnson Ford Parks 7,826.30 Accept State Bid Water Treatment 10,875.82 Accept low bid of Stanley Motor Co. Water Customer Service 5,695.87 each Accept State bid Police 8,976.34 each Accept State bid Police No bid received - new bid opening 2/25/82 Police 8,493.78 Purchasing used ren- tal car to save money Fire 9,525.84 Accept bid of Hysen- Johnson (only bid) Motion carried, all ayes. C -11 EMERGENCY REPAIRS FOR FIRE TRUCKS On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4753 (1982 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund'appropriations for the 1981 -82 fiscal year for Fire Department emergency repairs in the amount of $8,400 for fire engine #2. Motion carried, all ayes. 1. CIRCULATION ELEMENT Council held a public hearing to consider certification of the final Environmental Impact Report and adoption of the Circulation Element for the City of San Luis Obispo (continued from 7/14/81, 9/22/81, 11/16/81 and 1/12/82). Terry Sanville, Senior Planner, stated that on January 12 the Council had completed its initial critique of the draft Circulation Element. Staff was directed to rewrite the report to include all of the changes agreed upon by the Council and to schedule this public hearing. Because of the several amendments needed to be made to the Circulation Element map, the following items should be authorized by the Council at this meeting: 1) Reclassification of Buchon Street from an arterial to a collector street; 2) elimination of the Santa Barbara Street /Santa Rosa Street connection. Santa Rosa Street would be shown as a local street south of Buchon Street; 3) Elimination of the South Street /Bishop Street connection over the railroad tracks. Portions of Bishop Street that are a part of the Terrace Hill project would be shown as collector street; and 4) Classification of Prado Road as a collector street extending east of the city limits to Broad Street. Mayor Billig declared the public hearing open. Peg Pinard, 714 Buchon Street, submitted two pages of suggestions to be included in the Circulation Element as follows: (Page 10) Some of the streets designated as bike paths are very narrow. For instance, why not designate Islay as a bike route instead of Buchon? (Page 16) Add: signs 1 1 City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 5 should be consolidated wherever possible to aid in the removal of barriers. Hairpin signs take up too much space and are dangerous to pedestrians. (Page 19) Downtown Intersection Improvement - this should be in agreement with the Downtown Specific Plan. This plan calls for bulbing intersections. Is this what is meant here? (Page 20) In paragraph beginning "Establishment of setback lines..." delete sentence beginning "Nor shall they..." A setback line is a signal to everyone that the city thinks there may be a need to widen the street. (Page 20) Under "Make Provisional Changes" there should be a clear statement that these changes are not to be done in residential neighborhoods. These changes are clearly to speed up traffic and that has already been said to be undesir- able in residential areas. (Page 21) "Monitoring Traffic Conditions" delete "However, if..." Add the following: "Due to the design of the city, the scheduling of any further major street changes to the city's street system will be a difficult if not impossible task. As the popula- tion expands, the people will have to rely on alternative methods of transportation." As it reads, there is no end to the amount of accommo- dation the city is expected to make. We have to come to terms without-- limitations or there will be nothing left. (Page 25) Plan for some arterials in these areas. Right now the city only has plans for collec- tors. Refer to map and Margarita tract as an example. Why isn't Prado Road extension an arterial considering the amount of development possible in that area? Why doesn't Margarita Avenue hooked up to the extension? (Page 29) Item 3 should add that such agencies should also not rely on stressful maneuvers for take -offs and landings as part of any abatement programs for new types of planes. (Page 30) Should add an item 8 wherein there will be bus loading zones and parking for residents. Not prefer- ential parking for rental agencies. (A -1) Need for 4 -way stops to allevi- ate intersection congestion and nowhere is this mentioned. (A -8) Six blocks to widen - -what for and at what expense to the city? The center lane has worked very well. Development of property shouldn't warrant such an expense to the city. Why not plan for possible signalization of access to that development via an existing side street? (A -13) On the Solution - -ask Cal Trans to close some ramps. Be realistic about line 1; Cal Trans doesn't have funds to do this. Ask that they use what they have to improve key ramps like Santa Rosa and Madonna. (C -1) Pismo and Broad Streets should be listed as collector streets. They are the only two narrow residential streets on the list listed as arterials. (E -1) Contra- diction with truck route objective listed on p. 17. This can and should be made first priority. (E -2) Plan line studies should also be first priority. They should also be listed on title reports. Need in the plan for a statement on how noise level compliance will be enforced. Ken Haggard, a member of the Ad Hoc Committee for Citizen Circulation at Cal Poly, had concerns in two areas: 1) Recognition of some sensitive neighborhoods. He felt that an analysis of all neighborhoods within the city and a determination of what their needs were should be made, and 2) He had previously made a study of the noise levels in regard to street widening proposals and felt that it was important that this be addressed in the street widening plan and, also, that some statement be made not to contradict other adopted standards already.a part of city elements regarding noise levels as stated in the noise ordinance be exceeded. Don Cutter, resident of Beebee Street and also a member of the Ad Hoc Committee for Citizen Circulation, would request that on page 23 of the Element regarding public notice procedures, a stronger statement be made about citizens and property owners being notified of both major and minor changes that might effect their neighborhood. Enrico Bongio questioned whether the city had provisions that would allow concerned neighborhoods to pay for installation of "bumps" that would help to slow down traffic in their areas. Wayne Williams, 276 Hermosa Way -and a bicycle enthusiast, requested Council look closer to present bike paths leading from Los Osos Valley Road, left on Madonna, which he felt was extremely dangerous and suggested various alternates that staff might wish to explore further. Penny Rappa, 1435 Broad Street, was concerned that the Council take a City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 6 close look at the Circulation Element, not be in a hurry to adopt it, but treat it in the same manner as they did the Housing Element with plenty of public hearings and opportunity for citizen input. Steve Pontello, 225 King Street and a member of the Cal Poly Traffic and Circulation Committee, urged greater cooperation between the City and Cal Poly regarding the parking problems that he had not seen addressed in the Circulation Element. He suggested Council explore the possibility with Cal Poly representatives of Cal Poly being a walking campus, similar to that of the Santa Barbara campus, with greater emphasis on the bus mode of transportation. Mayor Billig declared the public hearing closed. Councilman Griffin stated that he was disappointed that the comments submitted by Mrs. Pinard had been submitted at this late date. There had been several opportunities, and he would have preferred that staff had an opportunity, as well as Council, to review these comments as he felt there were many valid points. He was not prepared to address them all at this time. Councilman Dunin stated that he was prepared to adopt both the Environ- mental Impact Report as well as the Circulation Element tonight but would suggest that this element be reviewed in six months as there are several other issues hinging on this document. Rather than continue hearings on the Circulation Element to include all of the points made this evening, address some of them tonight, with the rest of them to be included at the time of the six -month review. Councilwoman Dovey stated that she was not prepared to adopt the Element tonight. She could support the Environmental Impact Report, although she would like to see refinement of format within the Element, and had concerns raised by those comments made this evening in public testimony. Councilman Settle stated that he was supportive of the Environmental Impact Report; however, he felt the Circulation Element was not ready to be adopted at this time. He would like to see some of the suggestions made this evening incorporated into the document first. He did feel that Broad Street should be looked at again with its setback lines. Page 20 he thought was very vague regarding those lines. He would like to see staff review comments that were submitted by Mrs. Pinard, as well as comments made regarding the bike path problem. Mayor Billig explained that the official setback lines were being looked at by the City Council and would be reviewed at a later date. Regarding South and Broad Streets, the city was aware of these sensitive streets and their problems. She requested that in Table 5, Work Program Priorities, the third priority actions regarding the truck routes be made a first priority action. A statement should be included to reflect that although the city does not encourage automobiles, it does recognize that it is a mode of transportation and is here to stay. She felt that recognition of neighborhoods and their sensitivity should be addressed. She felt the city had tried to alleviate the noise and the traffic from those neighbor- hoods wherever possible. She explained that the new neighborhoods that the Council was now considering were much easier to deal with than those neighborhoods already built up. Regarding the criteria for widening of streets, she would like to see a strong statement regarding the noise level acceptability. She agreed citizen participation should receive maximized notification. She also agreed with the statement made by the Cal Poly student about University and city coordination regarding parking. She agreed with Peg Pinard's comments that signs should be consolidated wherever possible to aid in the removal of barriers. Regarding downtown intersection improvement, this should be in agreement with the downtown Specific Plan. Regarding provisional changes, there should be a clear statement that those changes will not be done in some residential neighbor- hoods. She did feel that each area needed to be looked at individually. She agreed that a six -month or one -year review of the element would be appropriate. She could support both the Environmental Impact Report and the Circulation Element with this type of review. G ij I City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 7 On motion of Councilman Dunin, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4754 (1982 Series), a resolution of the Council of the City of San Luis Obispo certifying the final Environmental Impact Report for the 1982 General Plan Circulation Element. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None On motion of Councilman Dunin, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4755 (1982 Series), a resolution of the Council of the City of San Luis Obispo adopting a revised Circulation Element of the General Plan with the following amendments: 1) Procedure regarding setback lines; 2) change in priority of the truck routes from 3 to l; 3) incorporation of criteria addressing widening of streets including noise decibel levels; 4) maximum advertis- ment and notification of property owners within 300 ft.; 5) statement to coordinate planning between the city and Cal Poly regarding parking; 6) consolidation of signs; 7) referencing on Table on page 5 to 6; 8) review of the Circulation Element in six months. Councilmembers Dovey and Settle did not feel comfortable with adopting the plan with those amendments. They would rather wait until staff had an opportunity to analyze those suggestions made by public testimony this evening and come back to a future meeting with a finely tuned document for adoption. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Griffin and Mayor Billig NOES: Councilmembers Dovey and Settle ABSENT: None 2. APPEAL OF PLANNING COMMISSION - U1002 - ,FERRIS Council then held a public hearing to consider an.appeal by Richard W. Ferris of a decision by.the Planning Commission denying his request to allow a coin - operated amusement: center located at 879 Higuera Street; C -C zone (continued from 1/19/82 and 2/16/82). Ken Bruce, Senior Planner, explained that on November 11, 1981, the Planning Commission denied the use permit request on a 3 -1 vote finding the proposed use was not appropriate at the location in that it does not provide appropriate atmosphere and public exposure to be protective of public health, safety and welfare of minors of others using.the facility. The.applicant was.now appealing the,denial to the Council based on the reasons noted in the letter of appeal. He continued that since the appeal had been filed, the Police Department had now changed their position and were recommending approval provided there was a condition allowing for review if any problems came up in the future. The B.I.A. also withdrew their opposition. The applicant's position had been that no use permit would be required if the proposed use was established prior to August 20, 1981. That was the�date the new zoning regulations became effective. He explained that a use permit approval was required if more than four machines were to be installed by both the old and new regulations as a commercial recreation use. The Community Development Department staff recommends the appeal be denied and the Planning Commission's action to deny the use permit be upheld. Staff felt there was no justification to the appellant grounds for appeal. They would suggest if the Council upheld the appeal and approved the use City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 8 permit, that the following.condition be included: (6) Use permit shall be reviewed by the Planning Commission if any reasonable written citizen or Police Department complaints are received -by the Community Development Department. In review of the use permit, the Planning Commission may add, delete, or modify conditions of approval or may revoke the use permit. In response to whether or not any complaints had been received since the operation began, he stated there had been none. Mayor Billig declared the public hearing open. Richard Ferris, 1822 Fixlini and appellant, submitted into the record.a letter addressed to the Council dated March 2 as follows: "Honorable Councilmembers: As we have previously asserted to your staff, the Planning Commission, and to your Council, it is our position that the electronic game department use which is the subject of this application was legally established and.all necessary permits required at the time on initiation of the use were validly obtained. It is further our position that we have a legally vested right to continued operation of our electronic game department as it now exists and that there is no authority for the City to require the pending conditional use permit appli- cation or for the City to attach any new conditions to the use. We appear tonight in an attempt to accommodate any reasonable concerns of your Council which would not interfere with our right to continue the electronic game department as it now exists. However, we respectively reserve the right to assert our vested right to continued operation of the electronic game department without additional conditions, as well as our right to assert an estoppel on the part of the City from imposing any conditions or restrictions on such use through this conditional use permit process. The use has been established for over six months with 23 expensive machines installed with City license fees paid. We have worked closely with neighboring merchants and the. Police Department to address any concerns they may have had. As is evidenced by letters in your packets, the BIA . has withdrawn its objections and the Police Department now recommends approval of the use. We have previously supplied each Councilmember with a back- ground information packet including a detailed description of our operation, our investigator's report on the use, supporting letters from neighboring merchants, letters from shopping center managers concerning the compatibility of video game uses, and various articles about the growing popularity of video games. We are submitting herewith the originals of -this packet for inclusion in the record. We respectfully request that the Council approve the use as it now exists. We will be available at tonight's hear- ing to present additional supporting testimony and answer any questions the Council may have. Sincerely, Richard Ferris." Also submitted was three sets of documents: 1) A brief background of the Cheap Thrills Electronic Video Game Department, outlining security and general operating procedures and the impact the games on the community; 2) other pertinent information; and 3) letters from neighbor -. ing merchants at the Cuesta Emporium. Upon question by Councilman Settle as to whether the applicant.had any problems with the staff recommended conditions, Richard Ferris .stated he was in agreement with all with the exception of the reduction from 23 machines to 15. City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 9 Ken Bruce explained that the original staff report had recommended 15 because that was the number of machines in operation in September. 23 machines are currently licenced. Councilman Griffin questioned Mr. Ferris about a part of his letter that stated "We respectfully reserve the right to assert our vested right to continued operation of the electronic game department without additional conditions, as well as our right to assert an estoppel on the part of the City from imposing any conditions or restrictions on such use through this conditional use permit process." If in fact they had a vested right, why then were they appealing the Planning Commission's decision? Mr. Ferris explained that although he contended he did have a vested right, he wished to comply with all conditions as requested by the City in an effort to continue operations with the "City's blessing ". Douglas Pierce, with Pierce Capital and responsible for arranging the financing for the machines to Cheap Thrills, urged Council's support of the appeal for the following reasons: 1) Owners were responsible and have made a contribution to San Luis Obispo, 2) the business is well run, 3) location is suitable and attractive, 4) it would be inequitable to deny the request here but to allow games in others areas of the community, 5) video games are responding in a positive manner to a popular demand, and 6 the owners of the establishment are providing a positive contribution because of the learning and educational possibil- ities. He would urge Council's support of the appeal. Guy Hackman, 446 Lawrence, spoke in support of the applicant and explained that he had also invested in the business and urge Council's support. Doug Fleenor, 1040 Broad Street and a customer of Cheap Thrills for over ten years, stated that he had not seen any detrimental effects since the arcade had been opened and would urge Council's support. Paul Land, 1568 Strand, Oceano, also would urge Council's support of Mr. Ferris's appeal stating that the business has been ,effective and well run and is providing jobs and a service to the community. He felt that the games were also providing a positive effect in the entire area near the Korb's location. Mary Billington, Manager of Osos Records, adjacent to Cheap Thrills, stated she had only received favorable comments by customers because it allowed the parents to shop while their children played on the games. Pete Matteson, 42 Pacific Street, supported the appeal as he enjoyed the games for both himself and his three children. Traffic would be less impacted also as people could play the games downtown rather than driving across town for one of the other games. It was quiet and well supervised, and he would urge the Council's support. Roger Lyon, 1304 Pacific Street an attorney representing the applicant, explained that he had suggested to the applicant the paragraph asserting the applicant's vested right. There had been no evidence this evening to show that the use was not appropriate, and the applicant did wish to abide by the criteria established by staff and of the use permit. In fact, both the Police Department and the B.I.A. had withdrawn their objections. He did not feel this was the time to try to determine whether this is or is not a vested right. He explained that the appli- cant was trying to accommodate city staff's request to come before the Council this evening in an attempt to satisfy all city requirements. Doug Warsheir, owner of Et Cetera, stated he was also supportive of the appeal. He felt this was a question.of values and could be far more supportive of a video game business than the selling of alcoholic bever- ages, which he felt much more destructible than an arcade. He felt that this provided an outlet for the young people which was important in this town. City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 10 Randy Bullock, Planning Commissioner, explained that since the Planning Commission had heard the use permit request, many.of those issues that - had concerned the Planning Commission had since been mitigated and had this gone before the Planning Commission now, the decision might have been different. Mayor Billig declared the.public hearing closed. 9:00 p.m. Mayor Billig declared a recess. 9:15 p.m. City Council reconvened, all Councilmembers present. Mayor Billig explained that the Council had two choices, either to uphold the Planning Commission's denial or uphold the appeal and in- struct staff to prepare necessary resolution with findings. On motion of Councilman Griffin, seconded by Mayor Billig,.to support the Planning Commission action to deny the use permit and direct staff to prepare the necessary resolution with, specific findings-to support denial of the use permit as being in conflict with the current C -C land use zoning. Councilman Griffin stated he was not persuaded by the actions of the Planning Commission to deny the use permit; however, he could support the Planning Commission's action to deny the use permit on specified land use conflict.issues. There are many commercial uses that fit the broad nature and purpose of commercial zones and are allowed without special entitlement. This is a separate use and, therefore, it is subject to the use permit process. This process has a number of objectives: 1) assures certain uses will be compatible when they occur and 2) the surrounding conditions avoid potential conflicts in land use. The applicant is submitting an application for a use requiring,a permit in the C -C zone for a building that is now occupied and has been used for some time for a number of permitted.uses, majority being retail uses. The recreation - entertainment use that the applicant proposes would draw a disproportionate number of patrons through adjacent buildings; they will linger to play the games, and this is not consistent with neighborhood retail trades. A Coin operated amusement center is out of character with historical and desired character of retail trade in the downtown. If the Council had wished to allow entertainment activities in a C -C zone, it would have more specifically called this out in the uses allowed. This particular location was not suitable, for land use reasons, to function as a video game center. Councilwoman Dovey stated this is a new kind of recreation. In relating it to land use, she could not relate this to a retail use. Having it as a secondary use to a retail operation would also not be acceptable. She could look at this as a separate use and then address it strictly as primary use, recreation center,.which the zone does allow. If this were addressed as a primary recreational use, it does require a use permit and to grant the use permit, she would expect to include those condi- tions as recommended originally but would change condition #1 regarding the hours of operation to be limited to those hours of Cheap Thrills. She would also.wish to add condition #6 with an automatic periodic review. She would also consider allowing the 23 machines now but establishing maximum of 20 so that if those three machines were sold or removed for whatever reason, the maximum number of .machines could remain at 20. Councilman Dunin felt that as a new use in the C -C zone, it makes it more difficult to deal with. This would effect the land use in general, not specifically addressing this location. He could not support the motion because this is a new use, and the impacts of the operation have not been determined. It should be permitted with the conditions recommended by staff and with a six month review and the use.permit be for one year only. He would rather address the matter of the general use of this type of activity in a C -C zone at a future time. Councilman Settle stated he could support the use at this location; he would support the appeal and uphold the use permit for the following 1 City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 11 reasons: He could make the judgment call that this is not a separate use, it is in conjunction with the record shop, the use has received support from both the Police, B.I.A. and surrounding :.merchants,.which is significant as they will be the most affected. He felt Mr: Ferris showed himself to be a competent manager by not permitting minors in the arcade during school hours and based upon the public hearing, there had been no public opposition. He felt this was a popular activity and in some cases could be used as educational uses, although this is not the case here. Other businesses in other zones have this activity, and the city would be too restrictive to not allow video games at this location. There were sufficient conditions recommended, and he could also support the 23 game limit with a condition for periodic review. Mayor Billig stated that she basically agreed with comments made by Councilman Griffin. Motion died on the following roll call vote: AYES: Councilmember Griffin and Mayor Billig NOES: Councilmembers Dunin, Dovey and Settle ABSENT: None On motion of Councilman Dunin, seconded by Mayor Billig to uphold the appeal with the five conditions as recommended with the added condition for the six -month review and the limit of a one -year use permit and direct staff to.prepare the necessary resolution with Council's findings to be brought back at the next meeting. After brief discussion, the motion was amended with the following conditions: 1) Maintain a condition to deter loitering, disturbing adjacent businesses, unnecessary noise, unruly behavior or unlawful activities; 2) provide and maintain suffi for customers; 3) review each six months, termination of use if conditions violated review to be made by Council; 6) staff to recommendations to come back the Council; posted on the property. dent parking and bicycle racks conditions and conduct; 4) or community complaints; 5) prepare an analysis with 7) conditions of permit to be Motion carried on the following roll call vote: AYES: Councilman Dunin, Mayor Billig, Councilmembers Dovey, Griffin and Settle. NOES: None ABSENT: None Mayor Billig stated that in order to avoid judging applications on an individual basis in the future and to avoid similar situations as tonight, she would propose the Council adopt a interim urgency morator- ium ordinance on the issuance of video game use permits until staff could evaluate this further. She further suggested setting up a subcom- mittee of the City Attorney, Police Chief and Community Development Director to prepare an analysis on the issue and establish some standard or guidelines, this to come back to the Council.within a.four -month period. . Councilman Settle stated he could support staff evaluating the issue of video games but would rather not jump into adoption of an urgency ordinance at this time. Councilman Dunin stated he.could agree with Mayor Billig. After brief discussion, it was moved by Councilman Dunin, seconded by Councilman Griffin, to direct the City Attorney to prepare a interim urgency moratorium ordinance for entitlement of any primary video game City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 12 use permit request within the city. Motion carried on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: Councilman Settle ABSENT: None 3. ABANDONMENT OF EMILY STREET AND FINAL MAP MS 80 -174 A. Public hearing to consider abandonment of a portion of Emily Street southerly of South street. B. Public hearing to consider a resolution granting final approval of minor subdivision No. 80 -174 located at 2226, 2250 and 2276 Broad­. Street; Mid State Bank, subdivider. Dave Romero, Public Services Director, stated that the final map and all conditions had been met or guaranteed by an agreement and set aside later in the amount of $27,000. Council had held a previous hearing on the abandonment of Emily Street along with processing of the subject tentative map; final action was continued until approval of the subject final map. Mayor Billig declared the public hearing open. Vic Montgomery, representing Mid State Bank, stated he was available for any questions. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4756 (1982 Series), a resolution of the Council of the City of San Luis Obispo finding and determining that Emily Street south of South Street is unnecessary for present or prospective public street purposes and ordering the abandon- ment of same. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin,•Dovey,:Duiiin, and Mayor.�Billig NOES: None ABSENT: None On motion of Councilman Settle, seconded by Mayor Billig, the following resolution was introduced: Resolution No. 4757 (1982 Series), a resolu- tion of the Council of the City of San Luis Obispb granting approval of the final map of Minor Subdivision No. 80 -174 located at 226, 2250, 2276 Broad Street. Passed and adopted on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and Griffin NOES: None , ABSENT: None 4. TIME EXTENSION FOR MINOR SUBDIVISION 79 -230 Council held a public hearing to consider a Planning Commission recommendation approving time extension for Minor Subdivision 79 -230 to combine two lots into one lot at 146 Stenner Street, R -4 zone; Henrik Nelson, subdivider. City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 13 Ken Bruce, Senior Planner, reported that the Planning Commission on a 3 -1 vote recommended approval of a three -month time extension of the tentative parcel map. Staff would be supportive of a one -year time extension. Mayor Billig declared the public hearing open. Randy Bullock, Planning Commissioner, explained that the •three -month time extension had been a compromise of the Planning Commission:iri order to break a 2 -2 vote. Steven Frank, 440 Country Club Drive, spoke on behalf of the subdivider and explained that the construction loan had to be tabled until better financing could be found, which was one reason for the delay. He did not feel the conditions imposed by the City were excessive although he favored compliance with those conditions at the time of building permit issuance and not of the final map approval. He would also support a one -year time extension. David Brannon, Project Architect, requested the Council allow a one -year time extension. Mayor Billig declared the public hearing closed. After brief discussion it was moved by Councilman Dunin, seconded by Councilman Settle to adopt the following resolution: Resolution No. 4758 (1982 Series), a resolution of the Council of the City of San Luis. Obispo approving a 12 -month time extension for Minor Subdivision 79 -230 with deferment of the street tree requirement upon approval of the City Engineer to the time of building permit issuance. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 5. FINAL MAP APPROVAL FOR MINOR SUBDIVISION 80 -155 Council held a public hearing to consider a resolution granting final map approval for minor subdivision 80 -155 located at 920, 932 and 950 Olive Street; J. Hempenius, subdivider. Dave Romero, Public Services Director, reported that Public Services had received the final map and all conditions had been met and would recommend Council approval of the map. Mayor Billig declared the public hearing open. Leonard Lenger, representing the subdivider, stated he also agreed with all conditions of the map but:would also request deferment of the street tree requirement until the issuance of the building permit: Mayor Billig declared the public hearing closed. On motion Councilwoman Dovey, seconded by Councilman Settle, the follow - ing resolution was introduced: Resolution No. 4759 (1982 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Minor Subdivision-80 -155 located at.920, 932 and 950 Olive Street with the, :amendment to.defer street.tree- requirements until the issuance of the building permit. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 14 NOES: None ABSENT: None 6. FINAL MAP APPROVAL FOR MINOR SUBDIVISION 81 -175 Council held a public hearing to consider a resolution granting final map approval of minor subdivision No. 81 -175 located at 415 and 421 Dana Street; Max Wellton Investors, subdivider. Councilman Dunin stepped down. Dave Romero, Public Services Director, explained that the minor subdivi- sion was needed to adjust lot lines in order to accommodate the existing location of an apartment building which encoached on the adjacent property. Public Services had reviewed the final map and conditions and would recommend approval. Mayor Billig declared the public hearing open. No one spoke for or against the proposed map approval. Mayor Billig declared the'pu_blic hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4760 (1982 Series), a resolution of the .Council of the City of San Luis.Obispo granting approval of the final map of Minor Subdivision 81 -175 located 415 and 421 Dana Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin Councilman Dunin returned to the Council table. 7. AMENDMENT OF USE PERMIT Council held a public hearing to.consider amendment to an approved use permit for a three -story social service office complex located at 3220 South Higuera to allow any use allowed in the public facility zone; Don Walters, applicant. Ken Bruce, Senior Planner, explained that the building and site of the social services complex was about finished. A small portion of the building was presently occupied by governmental human services uses, although the applicant is having a difficult time leasing the building for human services uses. The applicant is requesting to modify condi- tion 6 so that other uses allowed by the zoning of the site could be located in the building. That condition presently reads, "Use of the proposed building shall be limited to the offices of government human services agencies dealing directly with the general public. Exceptions may be approved by the Community Development Director for semi - public or non - profit human services agencies. Exceptions for non -human services, governmental agencies or private human services businesses may be approved by the Board of Adjustments." Staff is recommending the request be approved with condition 6 modified as follows: 6. Use of the building shall give priority to governmental and semi - public or non - profit human services agencies dealing directly with the general public. If after review, the Community Development Director determines that priority has been reasonably given to such tenants and the public facility policies of the general plan have been met, he may permit such other uses as may be allowed by the governing zone district. Andrew Merriam, of MDW and speaking for the applicant, explained that the applicant was unable to attend tonight's meeting but was willing to 1 II u City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 15 go along with staff's recommended wording for condition 6. He stated, however, that they were presently going through the process for a zoning text amendment for the PF zone. Vic Montgomery felt that page 18 of the general plan clearly governs the type of use for this site and that to change it without going through the normal processes of changing the general plan would be unfair. He felt this would make a major change to it, it had not received public scrutiny, nor had it been to the Planning Commission which he felt should be dealt with before the Council took an action on this this evening. He would hope the Council did not allow this exception due to economic reasons. Financial security should not be insured:to any applicant. He would request the Council refer this item to the- Planning Commission for a general plan amendment first. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, to approve the amendment to the approved use permit with the wording as submitted by staff for condition 6. Councilman Griffin explained that he could support the use permit Amendment, but he was not persuaded due to Walter Bros. economic problem. Councilwoman Dovey requested that language be changed in condition #6 to allow for a higher body to review than the Community Development Director. She suggested either the Planning Commission or the City Council. After brief discussion motion carried on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: Councilwoman Dovey ABSENT: None 8. , TROPICANA VILLAGE PETITION Council considered a Planning Commission recommendation on a Council referral of a petition submitted by Craig Ross and signed by 450 residents in the Tropicana Village neighborhood requesting the city take steps to alleviate the over - crowded parking situation in their neighborhood. Ken Bruce reported that the Planning Commission had reviewed the petition and was making eight recommendations as follows: 1) Resolving the parking problem is the responsibility of the student housing complex management, owners and residents, not the city; 2) the complex manage- ment and owner should be encourage to conduct a survey to determine how many residents drive compact -size vehicles; 3) the complex management and owners be encouraged to redo the existing parking lot of Broad Street allowing approximately 28.additional spaces, including compact spaces; 4) the complex management and owners be encouraged to convert one of the two existing tennis courts to a vehicle storage area for less frequently.used vehicles; 5) the complex management and owners be encouraged to restrip other existing parking areas allowed for compact- size spaces with City Community Development Director allowing up to 50 percent of:the total spaces to be compact; 6) agree.to the.Foothill shopping center (Lucky Market) owners offer to reinstate the "T" spaces in the shopping center parking lot for temporary use by Tropicana Village residents; 7) the City Council, housing complex management and residents work with Cal Poly to look into the possibility of providing long -term parking on campus for students living off campus. This parking area could be off the beaten track;, 8)-the city do.dll that is possible to encourage and work with the management and owners of Tropicana Village to facilitate changes to improve the parking situation in the neighborhood. City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 16 Mayor Billig noted 2 letters received from residents of.Broad Street recommending the two -hour parking limitation not be removed from Broad Street. John Decker, 711 Skyline Drive and owner of Tropicana Village, briefly reviewed the history of the project and explained that when Tropicana had been built, there had been sufficient parking; however, as Cal Poly had increased its enrollment the parking spaces became limited.as well. He assured the Council that he had been working on this problem for the past ten years; he could agree with the Planning Commission recommenda- tions; he would agree that the lot could probably hold an additional 20 to 30 spaces if restriping was done. He was not pleased about the removal of the tennis court but he.would be willing in an effort to resolve the problem. Martin Polin, owner of the shopping center, explained that this housing project had been built 16 years ago, and he would be supportive of having all parking spaces made into compact spaces. There have been problems for years with students parking in front of the stores in the shopping center causing problems between the students and the store owners. He had worked with the manager of Lucky's to determine locations for the "T" spaces, and he agreed to.install them on..a temporary basis. a• Vic Kamhi suggested that the Council work with Cal Poly regarding the parking problem. He cited Santa Barbara campus as an example. They do not allow students living within a two -mile radius to purchase parking stickers. Another alternative would be for Tropicana to charge for parking. John Becker stated that.he would be happy to pay for the.restriping. He does not charge for parking as they now have a refund at the end of school year of 75 percent for those who are willing to sign that they will not bring .a car. Gary Cully, Cuesta Highlands, suggested that the ordinance the City now has that limits parking to 50 percent compact spaces might be looked at again as in this day and age with more people going towards compact cars, that percentage might be increased to 60, 70 or 80 percent. Councilman Griffin stated that he would be willing to move with the current recommendations with staff to. look at these additional alterna- tives later. After brief discussion it was moved by Councilman Settle, seconded by Councilman Dunin, to approve the Planning Commission recommendations with the following changes to conditions 5,. 6, and 8:, (5) The complex management and owners are encouraged to restrip other existing parking areas allowing for compact -size spaces. The City.Community. Development Director may allow more than 50 p.ercent.of the.total spaces,.to..be, compact. (6) Complex owners should work with the Foothill - shopping center (Lucky Market) owners to reinstate the "T" spaces in the shopping center parking lot for temporary use by Tropicana Village residents. (8) The City will encourage all parties, including Cal Poly, to work with the management and owners of Tropicana Village to facilitate changes to improve the parking situation in the neighborhood. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 9. REQUEST FOR AMENDMENT OF SUBDIVISION AGREEMENT FOR TRACT 703 Consideration of a time extension for the subdivision agreement to complete public improvements for Tract 703; Robert Hibshman, subdivider. City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 17 Dave Romero, Public Services Director, explained that the subdivider was requesting a modification to the subdivision agreement to provide for completion of the improvements to July 1, 1982. This is an eight -month extension to the present agreement. Public Services Department would recommend approval of the time extension. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution 4761 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending the subdivision agreement for Tract 703, Higuera Commerce Park, to July 1, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin;- Dovey;,Dunin and- Mayor:Billig NOES: None ABSENT: None 10. PROMOTIONAL COORDINATING COMMITTEE'S GRANT RECOMMENDATIONS Promotional Coordinating Committee's grant recommendations for eight organizations as follows: 1) County Youth Symphony - $1,000; 2) Cuesta Vocal Jazz Ensemble - $750; 3) Gold Coast Chorus - $750; 4) India Inc. - $1,250; 5) Miss City of San Luis Obispo - $500; 6) Presidential Class- room for Young Americans - $500; 7) San Luis Obispo Art Association - $3,000; and 8) La Fiesta - $2,500. Pam Voges, City Clerk; explained that the Promotional Coordinating Committee had received seven applications after the application deadline and the Committee had heard these'on January 13 and February 17. An additional application, La Fiesta, had been continued from the commit- tee's initial hearings. The Committee was now requesting Council approval of the grants with the recommended amounts. Jim Chaney, Chairman for the PCC, explained the process the Committee used for determining the grant recommendations. He explained that in considering La Fiesta application, Committee had been concerned with the financial management of the organization. They had recommended $2,500 of the $3,000 that had been requested, and that:was due.to budget..1 constraints only. Upon question by Councilman Luis Obispo Art Association employee to keep the County in the afternoon. This had years ago as they felt that that hour. Griffin, Jim Chaney explained that the San is request had been to pay for a part -time museum open from the hours of 2:30 to 5:00 been requested by a previous Council many it would help to accommodate the tourists at Upon question by Councilman Dunin, Jim Chaney explained the activities on India, Inc. They had requested monies for four specific uses: 1) Rural Jazz Ensemble, 2) Cultural Events Calendar, 3) Central Coast Writers Analogy and 4) Bookfare. The Committee's original recommenda- tion had been for $1,450 to be split between two of the events. The Bookfare was one and that was because matching money from the City would allow them to receive another grant through another organization. Kathy Silva, Co- Chairperson of La Fiesta, explained that this was a non - profit organization working to better La Fiesta. They used all volunteer help. She felt that the management was sound and would urge Council's support. She explained that any additional monies left over at the end of the event was donated to other charitable organizations. Councilwoman Dovey was supportive of La Fiesta but was concerned that any monies that were left over at the end of the event should be returned to the city and not to other charitable organizations. It's City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 18 the city's money and the city should make the determination of funding grants. Charles DelMartini spoke on behalf of La Fiesta and explained that the Committee retains a $3,000 start -up money for the next year. They always pay their expenses and only a small portion of this is given back to charitable organizations. Ed Malocko, San Luis Obispo County Youth Symphony, talked about the recent visit from the Guatemalan Youth Group and the publicity that the city received. He was sorry that the Promotional Coordinating Committee cut their request by $200 but was very thankful if Council would be supportive of the recommendation. Councilman Dunin stated that he could support La Fiesta recommendation with an additional amount for a total of $3,000, but he would agree that any monies that are excess at the remainder of the year should be returned to the city and not distributed to other organizations. He could not be supportive of the India, Inc. grant. Councilman Settle would also support a higher recommendation for the Youth Symphony Association in the amount of their original request of $1,500. Councilman Griffin suggested that with regard to the San Luis Obispo Art Association that the request for employee services,be referred to;a stipend situation, not as wage. After brief discussion it was moved by Councilman Settle, seconded by Councilman Dunin, to approve the Promotional Coordinating Committee grant recommendations in the following amounts: A. San Luis Obispo County Youth Symphony - $1,500. B. Cuesta College Vocal Jazz Ensemble - $750.. C. Gold Coast Chorus - $750. D. India Inc. - $250 E. Miss City of San Luis Obispo - $500. F. Presidential Classroom for Young Americans - $500. G. San Luis Obispo Art Association - $3,000. . H. La Fiesta - $3,000. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey., Griffin and Mayor Billig NOES: None ABSENT: None 11. REVENUE SHARING FUNDS - HUMAN RELATIONS COMMISSION Communication from the Human Relation Commission requesting County revenue sharing funds for a half -time staff person. Mayor Billig explained that this item was dropped at the request :of the Human Relations Commission with the request that a future study session be set to discuss general policy issues. C O M M U N I C A T I O N S Mayor Billig mentioned that all members of the Council had been invited to attend the ASI meeting on March 4. She would suggest that a City Council Minutes Tuesday, March 2, 1982 - 7:00 p.m. Page 19 subcommittee be appointed in order to ensure compliance with the Brown Act. She explained that although the Planning Commission had also been invited, they also had set up a subcommittee that would be attending. Further, the City Administrative Officer-would be representing the Council and had a list of their concerns. After brief discussion, on motion of Councilman Griffin, seconded by Councilwoman Dovey, to appoint a subcommittee comprised of Vice -Mayor Dunin and Councilman Settle to participate along with the City Admini- strative Officer during discussions at the ASI meeting. Motion carried, all ayes. Mayor Billig adjourned the meeting at 12:20 a.m.-to Closed Session to discuss Personnel Matters. 2:25 a.m. City Council reconvened, all Councilmembers present. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 2:25 a.m. Pamela Voges, Ci } Clerk APPROVED BY COUNCIL: 4/6/82 M I N.0 T E S ADJOURNED MEETING OF THE.CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, MARCH 8, 1982 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, City Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Wayne Peterson, City Engineer; Geoff Grote, Acting Community Development Director; D. F. Romero, Public Services Director; D. K. Rowlee, Recording Secretary. City Council agreed to discuss two additional add -on items. A -2 COUNTY REFERRAL ITEMS - -BROWN HOUSE /KUNDERT PROJECT