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05/04/1982City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 2 Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None C -4 VEHICLE BIDS On motion of Councilman Settle, seconded by Councilman Dunin, to award the low bid for a model 1500 GPM pumper for the Fire Department to Mack Truck, Inc., in the amount $146,174.00 and authorize staff to issue purchase order. Motion carried, all ayes. C -5 REPORT ON BIDS - ORCUTT/DUNCAN CULVERT EXTENSION George Thacher, City Attorney, submitted a report on bids received for " ORCUTT- DUNCAN CULVERT EXTENSION "; city plan No. D -12; bid estimate $43,080.00, without contingencies; bids opened April 23, 1982, at 10:00 a.m. He explained that two of the competing bidders had objected to the award to the low bidder as they felt there was an irregularity in the low bid and would ask the Council to reject it. It was his recommendation that all bids be rejected and staff be authorized to readvertise. On motion of Councilman Settle, seconded by Councilman Dunin, all bids be rejected for the ORCUTT / DUNCAN CULVERT EXTENSION with staff being directed to readvertise. Motion carried, all ayes. C -6 COUNTY ARTS PROPOSAL Council considered a resolution to approve a proposal for the San Luis Obispo County Arts Plan. Councilwoman Dovey submitted some suggested wording change. After brief discussion it:was moved by Councilwoman Dovey, seconded by Mayor Billig, that the following resolution be introduced: Resolution No. 4812 (1982 series), a resolution of the Council of the City of San Luis Obispo considering the San Luis Obispo County Arts Plan as amended. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None C -7 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT 603 Council considered the granting final acceptance of public improvements for Tract 603 located off Los Osos Valley Road near Descanso Street ( Cuesta Highlands II) Cuesta Associates, subdivider. After brief discussion, it was moved by Councilman Settle, seconded by Councilman Griffin, that the following resolution was introduced: Resolution No. 4813 (1982 series), a resolution of the Council of the City of San Luis Obispo granting final acceptance of Public Improvements for Tract 603. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 3 C -8 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT 608 Council considered granting final acceptance of public improvements for Tract 608 located off Los Osos Valley Road near Diablo Street ( Cuesta Highlands III) Cuesta Associates, subdivider. Councilman Settle was concerned that the savings account certificate used to guarantee required fencing and landscaping improvements was sufficient in the event that the subdivider did not comply with the improvements. Additionally he was concerned that all improvements called for in the subdivision agreement would be installed within the two year time period. After brief discussion it was moved by Councilman Settle, seconded by Councilman Griffin, to introduce the following resolution: Resolution No. 4814 (1982 series), a resolution of the Council of the City of San Luis Obispo granting final acceptance of public improvements for Tract 608. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: None C -9 MAINTENANCE AGREEMENT - CAL TRANS On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4815 (1982 series), a resolution of the Council of the City of San Luis Obispo approving an agreement with Cal Trans for the maintenance of State highways within the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -10 VACANCY ON TREE COMMITTEE On motion of Councilman Settle, seconded by Councilman Dunin, to approve the appointment of Dr. Howard Brown to the Tree Committee to fill the recent vacancy created by the resignation of Dr. Gazin. Motion carried, all ayes. C -11 LEASE AGREEMENT - SAN LUIS MOUNTAIN On motion of Councilman Settle, seconded by Councilman Dunin, that the form of agreement for lease of 43 acre parcel on San Luis Mountain be approved and staff be authorized to advertise for public auction to be held May 18, 1982. Motion carried, all ayes. A. CERTIFICATES OF APPRECIATION Mayor Billig then presented certificates of appreciation to Sally Punches, thanking her for her efforts as an eight year member of the Promotional Coordinating Committee and to Don Kahn, an eight year member of the Architectural Review Commission. City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 4 P U B L I C H E A R I N G S 1. CONDOMINIUM CONVERSION Council held a public hearing to consider the request to allow a condominium conversion of seven apartment units at 1120 Leff Street to residential condominium units, R -3 zone; Joseph Lindsey, applicant, (continued from 3 /16/82 and 4/20/82). 1 Ken Bruce, Senior Planner, reviewed the Council agenda report (see file No. 423). He stated the recommended action was to approve the request Councilman Griffin for conversion of the seven units at 1120 Leff Street with findings as submitted. Further, to direct staff to prepare the appropriate resolution to come back at the next Council meeting with findings. Mayor Billig declared the public hearing open. David Brannon, architect for the project, stated that the applicant had met all requirements of the condominium conversion ordinance, including the fact that they were not displacing a significant.number of low or moderate income tenants. He would therefore urge the Council's approval of the proposed conversion request. Councilman Settle questioned whether the tenants had first right of refusal to purchase the units which Mr. Brannon replied they did. Councilman Dunin questioned that if the applicant was to design seven condominiums as a new project, would they use the same plan a presently submitted. Mr. Brannon explained that they would probably not use the same plan. However, to have the same amount of units at this location, the configuration would be very similar as the density would not allow a ' much different plan. Councilman Dunin also questioned what benefits the tenants would receive through the conversion insofar as living conditions were concerned. Mr. Brannon replied that the actual living conditions would not change however, the tax benefits, the ability to own your own home and affordable housing were substantial benefits. Upon question by Councilwoman Dovey he stated that none of the present tenants were interested in buying. Mary Sadler, who works for Mr. Lindsey, the applicant, stated that she was interested in purchasing one of the units and would urge Council's approval as this is giving her an opportunity.to buy a home in San Luis Obispo at a reasonable price. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, to approve the requested conversion with staff directed to prepare a resolution with the appropriate findings for the next Council meeting. Councilman Settle agreed with Councilman Griffin that although not a proponent of conversion, guidelines had been established and the applicant had complied with all of them. He would therefore support the request. Councilwoman Dovey stated that she could not support the conversion request as she felt the density of land use was not appropriate. Councilman Griffin stated that although he was not an advocate of condo projects such as this, but to the extent that the conversion request meets the criteria established by the City's conversion ordinance, he could support it. Councilman Settle agreed with Councilman Griffin that although not a proponent of conversion, guidelines had been established and the applicant had complied with all of them. He would therefore support the request. City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 5 Councilman Dunin disagreed, stating that the ordinance when it was established was with the viewpoint for reviewing competing projects at the same time and not established to set forth specific conditions of conversions. In this case, the land use was not conducive to condominiums and he would therefore not support the request. Mayor Billig agreed with Councilman Dunin, stating she couldn't support it as the apartments were "ordinary" at best. They offered few amenities, no open space, neighborhood was primarily rental, site was 1 not appropriate for the change being proposed and further, there was no assurance that the density would remain as the Council would approve it as an additional bedroom could be added. Councilman Griffin stated that if the City was not to approve of this conversion then Council should look at the condominium conversion ordinance for reevaluation so as not to set unfair expectations by a prospective applicant. Motion was withdrawn. On motion of Councilman Dunin, seconded by Councilwoman Dovey, to deny the request and direct staff to prepare a resolution with the appropriate findings for Council adoption at its next meeting. Motion carried on the following roll call vote: AYES: Councilmembers Dunin, Dovey and Mayor Billig NOES: Councilmembers Griffin and Settle ABSENT: None 2. APPEAL OF PLANNING COMMISSION - USE PERMIT U1026 Council held a public hearing to consider an appeal by Massey Jenkins, Inc., of a decision by the Planning Commission denying their Use Permit request to allow a coin - operated game and billiard facility at 1590 Los Osos Valley Road, C -N zone. Ken Bruce, Senior Planner, reviewed the Council Agenda Report (see file No. 705). He stated that the recommended action would be to adopt a resolution denying the appeal with the findings as recommended and uphold the action taken by the Planning Commission. Mayor Billig declared the public hearing open. Cal Massey, owner, urged Council's support of the project as he felt the children in the area needed something to do and that this would provide more to the community than just a business enterprise. He stated it would be a well supervised facility and that bike lanes were provided for the children for access to the facility. Bill Howard, representing the Planning Commission, urged the Council to deny the project as he did feel it was dangerous to mix cars and pedestrians and it was not a proper location for this type of facility. Frank Jenkins, owner, stated that he had submitted another plan which showed that the children would have good access as bike lanes and bike racks would be provided and he would also urge council support of the 1 project. Mayor Billig declared the public hearing closed. On the motion of Councilman Settle, seconded by Councilwoman Dovey, to deny the appeal and uphold the decision of the Planning Commission. Councilwoman Dovey explained that her primary concern was safety and she shared similar concerns as those of the Planning Commission. City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 6 Councilman Settle's primary concerns were pedestrian safety and land use. Mayor Billig stated that access and circulation were inappropriate for the proposed use at this location. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4816 (1982 series), a resolution of the Council of the City of San Luis Obispo denying the appeal and upholding the Planning Commission decision to deny use permit request for coin operated games and billiard facility in existing service station and 1590 Los Osos Valley Road. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 3. APPEAL OF PLANNING COMMISSION - USE PERMIT U1029 Council held a public hearing to consider an appeal by Jeff Warren of a decision by the Planning Commission to deny his Use Permit request to allow addition of two mobilehome spaces in existing Silver City Mobilehome Park, 3860 South Higuera Street, R -2 -S zone. Ken Bruce, Senior Planner, reviewed the Council Agenda Report (see file No. 428) and stated that the recommended action was to adopt the resolution denying the appeal and upholding the action taken by the Planning Commission. The Planning Commission denied the Use Permit on a 7 -0 vote. Two findings suggested were: 1) the proposed project would 1 be detrimental to the health, safety and welfare of persons living and working.in the mobilehome park in that there would not be convenient storage on site for large items such as recreational vehicles, campers and boats that cannot be stored on individual mobilehome spaces due to the small size of these spaces; 2) the proposed project was not appropriate at the proposed location in that a needed outdoor storage area within the park would be eliminated. Mayor Billig declared the public hearing open. Jeff Warren, representing applicant, stated that he had received the staff report on the day of the Planning Commission meeting which did not give him sufficient time to respond to the staff's recommended action. He stated there was an error made by staff in the report that if they were to charge $15 a month they would receive the same target revenue. This was simply not true. They would continue to charge the same amount for the additional spaces. Further the RV storage lot down the street had better security and was considerably cheaper than they could offer At the park. He stated that at the time the park was built, there was no ordinance requiring recreational storage. He.did not feel there was need for the storage and further, in response to the recent rent control ordinance, this would allow two additional spaces, helping to alleviate the lack of mobilehome spaces and still fitting within the new ordinance. 1 Upon question by Councilwoman Dovey, Mr. Warren stated that he had questioned the tenants about elimination of the storage site and they were agreeable to having it removed. Dick Clark, resident of Creekside Mobilehome Park and president of the homeowners association at Silver City, stated that the present storage area looks like a corral, and is an eyesore. Silver City park tenants were in agreement that two additional spaces would be much more acceptable than the existing storage area. Additional mobilehome park spaces were needed, and this was also affordable housing. He would urge Council's approval of the use permit for the two spaces. City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. - Page 7 Bill Howard, representing the Planning Commission, stated that the Planning Commission was unclear as to what future needs for storage would be and this was the primary reason for the Commission's denial. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilwoman Dovey, to uphold the appeal and approve use permit allowing the addition of two addition- al mobilehome spaces in the Silver City Mobilehome Park. Councilman Settle stated he could support their request as the tenants have indicated that they desire it. He would not normally go against a Planning Commission decision; however, many facts were made known tonight that the Planning Commission was not privy to. Councilman Dunin agreed this would help the tenants in keeping their rents down and affordable housing was needed in the community. Councilman Griffin stated he would support staff and the Planning Commission decision to deny the request. He was concerned that given the size and units in the park and the amount of available space for storage to the tenants under their control could cause problems in the future. Councilwoman Dovey questioned whether a condition could be added that if complaints were received by the tenants and that additional storage were needed in the future, a provision could be.made_ a part of the use permit to later remove the two mobilehome spaces'.' George Thacher, City Attorney., stated it would be possible but not practical. Mayor Billig stated she could not support the motion as: 1) The storage area had been full prior to the rent increase; 2) she didn't approve of ' mixing storage with laundry facilities as suggested by the applicant; 3) she would not consider evicting people for lack of storage later-on; 4) although the storage available down the street might be economical at this time there is no guarantee that it would continue in the future; 5) the storage was part of original park and the tenants knew that when they rented their space. Councilman Dunin stated that whenever there would be a choice between providing houses vs. storage he would opt for additional housing. Motion failed on the following roll call vote: AYES: Councilmembers Dunin and Settle NOES: Councilmembers Dovey and Griffin and Mayor Billig ABSENT: None On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4817 (1982 series), a resolution of the Council of the City of San Luis Obispo denying an appeal and upholding a Planning Commission decision to deny use permit request to convert storage space to two mobilehome spaces in Silver City Mobilehome Park at 3860 South Higuera Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor.Billig ' NOES: Councilman Dunin ABSENT: None City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 8 4. STREET RIGHT -OF -WAY ABANDONMENT & SALE OF CITY PROPERTY AT CHORRO AND WALNUT STREETS Council held a public hearing to consider a Planning Commission recommendation to adopt resolution of intention to abandon street right -of -way and sell City property at the east corner of Chorro and Walnut Streets. Ken Bruce, Senior Planner, reviewed for the Council the Agenda Report (see file No. 165). The recommended action was to adopt the resolution of intention to abandon the street right -of -way and authorize the staff to have the surplus property appraised. Dave Romero, Public Services Director, made a detailed presentation recommending that the Council not abandon this portion of Chorro Street. He explained that the Circulation Element adopted in March 1982 shows this portion of Chorro Street as an arterial which may someday need four travel lanes. The Circulation Element classification chart indicates a future need of 60 -72 feet of right -of -way. Traffic in this portion of Chorro Street has already expanded to the point that the city has had to install red curbing in the area. There is also some possibility that the state may modify grade separation structures along 101 and would require some of this property as part of an interchange. In view of this, it was Mr. Romero's opinion that the Council could not make the finding that this street is not needed for present or future street purposes. He therefore recommended that the Council deny the abandonment request. Mayor Billig declared the public hearing open. Bill Howard, Planning Commissioner, explained that the Planning Commission noted the circulation element provides for no widening prior to year 2015 and, therefore, could not justify not abandoning it at this time. - Merrilee Zaqueta, property owner, stated that although they would like to develop in the future at this corner, that development would be in the very far future due to economic constraints. She was unaware that they did not own the piece of property until about a year and a half ago. She would urge Council approval. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, to adopt the resolution of intention to set the public hearing for June 1, 1982, and authorize staff to have the surplus property appraised with the owner to pay for the appraisal costs. Councilman Griffin stated he was unclear at this time if he wanted to abandon the street as he was not sure that a future use wouldn't be necessary. Councilwoman Dovey felt that as no future plans had been presented for street widening she would have no problem with the abandonment. Councilmembers Dunin and Settle said that they could support it. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced:: Resolution No. 4818. (1982.series), a resolution of intention to abandon a portion of right -of -way at the east corner of Chorro and Walnut Streets and authorizing staff to have the surplus property appraised with the owner to pay for appraisal costs. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: Councilman Griffin City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 9 ABSENT: None 8:55 P.M. Mayor Billig declared a recess. 9:05 P.M. City Council reconvened. All Councilmembers present:. 5. STREET ABANDONMENT AT PORTIONS OF LELAND AND BUENA VISTA TERRACES AND HASKIN & LEONA AVENUES Council held a public hearing to consider a Planning Commission recommendation to reconsider a Resolution of Intention to abandon a portion of Leland Terrace and Buena Vista Terrace with added remnant portions of Haskin and Leona Avenues on the southwest face of Terrace Hill; Jack A. Farris and City of San Luis Obispo, applicants. Ken Bruce, Senior Planner, reviewed the Council_Agenda.Report (see file No. 535) and stated the recommended action was.to adopt a Resolution of Intention with conditions as recommended to abandon the street rights -of -way. Mayor Billig declared the public hearing open. Jack Farris, applicant, asked for clarification to condition.number Part 2, No. 2, whether the City would share in the cost-as well as the applicant for improvements. Ken Bruce stated that the original request for the abandonment had been submitted by Mr. Farris. The City would normally share in the cost of the final map, however this would not include the-subdivision improve- ments. Dave Romero, Public Services Director, stated that there was only a minor cost involved. The staff needed to make a determination as to who would pay, based on whether improvements benefitted primarily the City , or the developer. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin,.the following resolution was.introduced: Resolution No. 4819 (1982 series), a resolution of intention to abandon Leland Terrace and Buena Vista Terrace and remnant portions of Haskin.and Leona Avenues on the southwest face of Terrace Hill. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None Council also agreed to look again at condition Part 2, No..2; for possible rewording at the final abandonment hearing. (5 -0) 6. TENTATIVE MAP APPROVAL FOR MS 81 -291 Council held a public hearing to consider a Planning Commission recommendation to grant tentative map approval for minor subdivision No. ' 81 -291 to modify four existing lots into four new lots (deep lot subdivision), located at 274 Foothill Boulevard; R -1 zone; H. Eiseman, subdivider. Ken Bruce, Senior Planner, reviewed the Council Agenda Report (see file No. 41430/81 -291). The recommended action was to adopt the resolution approving the tentative map subject to findings and conditions as recommended by the Planning Commission. City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 10 Mayor Billig declared the public hearing open. Nancy Castenea, representing her parents who own adjacent property up drainage of subdivision, questioned the drainage requirements for the rear of lot 3 and who would maintain the lower area after compaction fill. Dave Romero, Public Services Director, explained that condition 11 would ' probably require the installation of an 18 inch pipe within an easement to mitigate the drainage problem and it would be the property owners responsibility to pay for this. The City would then maintain the line after the development was completed. Mayor Billig declared the public hearing closed. After brief discussion it was moved by Councilman Settle, seconded by Councilwoman Dovey, that the following resolution be introduced: Resolution No. 4820 (1982 series), a resolution of the Council of the City of San Luis Obispo granting approval of the tentative map for minor subdivision No. 81 -291 located at 274 Foothill Blvd. with the following amendments to recommended conditions: 10. "Detailed" added to beginning of sentence and "to be approved by City Council" (in addition to City Engineer). 12. Lot 2 added in ARC review. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 7. LEASE OF SAN LUIS JR. HIGH Jim Stockton, Recreation Director, reported on possible lease by the City of San Luis Obispo of portions of San Luis Jr. High School. Staff's recommendation was to negotiate with the school district as outlined in Alternate 3. a) Leasing the Administration building for the purpose of temporarily moving the offices of Parks & Recreation while the space needs at City Hall are settled; b) Obtaining upper playing field and tennis courts for maintenance costs; and c) Renting other rooms and facilities on a program by program basis, but only when the activities could support full cost. Total operation and maintenance costs would not exceed $11,800, anticipated revenue would be $12,000. Additionally, if Parks & Recreation office was moved to the Jr. High, 950 square feet of space would be available at City Hall worth well over $6000 annually. Further recommended that the term of the agreement be for three (3) years. Councilman Dunin was concerned that although this was a good idea, he supported the concept with the objective that the venture would be financially self- sufficient. After brief discussion, it was moved by Councilman Griffin, seconded by Councilman Dunin, to authorize the CAO to negotiate with the school district as outlined in Alternate 3 in the amount indicated in the financial impact section for a period of three (3) years. Motion carried, all ayes. C O M M U N I C A T I O N S A. Mayor Billig asked that Councilmembers submit possible names to sit on the Rent Stabilization Board recently created by the City. City Council Minutes Tuesday, May 4, 1982 - 7:00 p.m. Page 11 B. Area Agency on Aging After brief discussion, Council unanimously appointed Mr. Harry Hertzog, 665 Cerra Romauldo, to the the Area Agency on Aging. (5 -0) C. Camp Roberts Mayor Billig questioned whether the Council a letter to Camp Roberts officials opposing juvenile facility at Camp Roberts. After brief discussion, and upon general co staff to prepare a resolution supporting no Camp Roberts to be brought back at the next would wish the City to write the establishment of a asensus, Council directed additional facilities at meeting.. (5 -0) D. Mayor Billig read a Resolution of Appreciation submitted by a group of golfers from the Laguna Lake Mobilehome.Park Estates thanking and praising the City of San Luis Obispo for the creation and maintenance of the Laguna Lake Golf Course. E. Peripheral Canal Mayor Billig stated she would be attending the Water Advisory Committee the following day and questioned whether the Council was interested in taking a position on the Peripheral Canal. After brief discussion, the City Council agreed not to take any official position at this time. There being no further business,to come before the Council, Mayor Billig adjourned the meeting at 10:35 P.M. to Wednesday, May 5, 1982 at 3:30 P.M. amela Voges, ty Clerk APPROVED BY COUNCIL: 6/1/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MAY 5, 1982— 3:30 P.M. COUNCIL HEARING ROOM, CITY HALL, 990.PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul A. Lanspery, City Administrative Officer; Geoff Grote, Acting Community Development Director; Terry Sanville, Senior Planner