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HomeMy WebLinkAbout05/17/19831 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 17, 1983 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: Robert Griffin; Allen K. Settle; and Presiding Officer, Vice -Mayor Ron Dunin Absent: GlennaDeane Dovey (late), Mayor Melanie C. Billig City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Toby Ross; Community Development Director; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Roger Neuman, Police Chief; Glen Matteson, Senior Planner P R E S E N T A T I O N A. Presentation made by Vice -Mayor Ron Dunin to George Thacher for 41-2 years service as City Attorney to the City of San Luis Obispo. B. Presentation made by Vice -Mayor Ron Dunin to Councilmember Robert Griffin for his birthday and congratulatory wishes for the birth of his daughter Courtney (Corinne) Elise on Robert's birthday. PARKING AUTHORITY ROLL CALL Commissioners Present: Robert Griffin; Allen K. Settle; and Acting Chairperson Ron Dunin Absent: Commissioner GlennaDeane Dovey and Chairperson Melanie C. Billig 9 -A. PARKING The Parking Authority•convened in,Regular Session.to discuss a resolution to approve an agreement with Mann Theatres for lease of space.in the parking structure. Paul Lanspery, City Administrative Officer, recommended that this item be continued to the June 21, 1983 City Council meeting. ' On motion of Commissioner Griffin, seconded Commissioner Settle, to continue this.item to -the June 21, 1983 Council meeting. Motion carried on the following roll call vote: AYES: Commissioners Griffin, Settle and Vice - Chairman Dunin NOES: None ABSENT: Commissioner Dovey, and Chairwoman Melanie C. Billig City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 2 Vice - Chairman Dunin adjourned the Parking Authority meeting. Vice -Mayor Dunin convened the City Council meeting. ROLL CALL Councilmembers Present: Robert Griffin; Allen K. Settle; and Presiding Officer, Vice -Mayor Ron Dunin I Absent: Councilwoman GlennaDeane Dovey and Mayor Melanie C. Billig C O N S E N T C A L E N D A R C -1 CLAIMS AGAINST THE CITY On motion of Councilman Griffin, seconded by Councilman Settle, the claims against the city for the month of May 1983 be approved and ordered paid subject to the approval of the City Administrative Officer. Motion carried, Councilwoman Dovey and Mayor Billig absent. C -2 COUNCIL MINUTES On motion of Councilman Griffin, seconded by Councilman Settle, the minutes of April 5, 1983 - 7:00 p.m. be approved as amended. Motion carried, Councilwoman Dovey and Mayor Billig absent. C -3 CLAIM AGAINST THE CITY - MARTIN On motion of Councilman Griffin, seconded by Councilman Settle, that claim against the city by David C. and JoAnn Martin in the amount of $35 for plumber fees as a result of waterline leak allegedly caused by the city on property located at 1420 Fairway Drive be denied. Motion carried, Council- woman Dovey and Mayor Billig absent. C -4 CLAIM AGAINST THE CITY - VOGT On motion of Councilman Griffin, seconded by Councilman Settle, that claim against the city by William J. Vogt in the amount of $28 for property damage to bicycle allegedly caused from faulty city maintained street at the intersection of Nipomo and Higuera Streets be denied. Motion carried, Councilwoman Dovey and Mayor Billig absent. C -5 PLANS AND SPECIFICATIONS - FOOTHILL /SANTA ROSA /CHORRO STORM DRAIN PHASE III On motion of Councilman Griffin, seconded by Councilman Settle, that plans and specifications for "FOOTHILL /SANTA ROSA /CHORRO STORM DRAIN, PHASE III "; City Plan No. E -04B; bid estimate $45,000, without contingencies be approved with staff authorized to call for bids and the City Administrative Officer authorized to award contract. Finance Director to transfer necessary funds to the project account. Motion carried, Councilwoman Dovey and Mayor Billig absent. C -6 REPORT ON BIDS - MONTEREY AND BROAD PARKING LOT On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5110 (1983 Series), a resolution of the Council of the City of San Luis Obispo awarding a contract to John Madonna Construction Company in the amount of $28,647.50 with Vice -Mayor Dunin authorized to sign. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle and Vice -Mayor Dunin NONE: None ABSENT: Councilwoman Dovey and Mayor Billig 1 1 1 City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 3 C -7 CHEMIST SERVICES AGREEMENT - H. DIETER HEINZ On motion of Councilman Griffin, secbh'ded by Councilman Settle, the following resolution was introduced: Resolution No. 5111 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with H. Dieter Heinz for chemist services through June 30, 1984 with the Vice -Mayor authorized to sign. Passed and adopted on the following'roll call vote: AYES: Councilmembers Griffin, Settle and Vice -Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig C -8 .ABATEMENT OF DRAINAGE OBSTRUCTION On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5112 (1983 Series), a resolution of the Council of the City of San Luis Obispo to proceed with the abatement of drainage obstruction between Bushnell and Alphonso Streets pursuant to Municipal Code Section 9800. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle and Vice -Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig C -9 ELECTRONIC GAME AMUSEMENT CENTER UP- U1002A On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5113 (1983 Series), a resolution of the Council of the City of San Luis Obispo amending approved use permit to allow the operation of a coin - operated electronic game amusement center at 879 Higuera Street (Cuesta Emporium Building); Richard Ferris, applicant (continued from 3/16/82 and 5/3/83). Passed and adopted on the following roll call vote: AYES:. Councilmembers Griffin, Settle and Vice -Mayor Dunin :NOES: None ABSENT: Councilwoman Dovey and.Mayor Billig C -10 WINDSURFING AGREEMENT On motion -of Councilman Griffin. seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5114 (1983 Series), a resolution of the Council of,the City of San Luis Obispo approving an agreement with Marvin C. Owen to conduct windsurfing instruction and equipment rental concession at Laguna Lake Park with the Vice -Mayor authorized to sign. Passed and adopted on the following roll call vote: AYES: Councimembers Griffin; Settle and Vice -Mayor Dunin NOES: None ABSENT: •Councilwoman Dovey and Mayor Billig City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 4 P U B L I C H E A R I N G S 1. HOUSING DEVELOPMENT /PROPERTY REZONING R1094 A. Council considered a development agreement to allow a 24 -unit elderly housing project with medically related'commercial uses. ... B. Public hearing was held to consider a Planning Commission referral of a proposal to rezone property at 1220 Osos Street from 0 (Office) to C -C (Central - Commercial); Poise, Inc., applicant. 7:10 p.m. Councilwoman Dovey arrived at the meeting. Toby Ross, Community Development Director, reviewed the council agenda report (see file 46463) stating that the Council had.three alternatives: 1) to support the rezoning as requested by the applicant; 2) deny the rezoning. and thereby probably killing the project; or 3) the recommended action by staff to give staff particular direction and criteria so that a draft agreement could.be brought back to the Council for-approval. He stated the applicant had applied for rezoning from Office to Central - Commercial but the project-would also require several exceptions from the.city's.development standards: .1) the density would be twice that which would otherwise be allowed; 2) part of the structure abuts the.Osos Street property line where otherwise a 15 foot setback would be required; 3) no on -site parking would be provided and no definite arrangements had been made for.off. -site parking. State law did provide the city could enter into a "development agreement" waiving the standards in exchange for provision of affordable housing to people with low or moderate incomes. Councilman Griffin asked staff to review the primary concerns that came out of the Environmental Impact Report. Glen Matteson, Senior Planner, stated that the initial study identified the primary problems to be: 1) noise including that caused by the Marsh Street ' traffic, car wash and the ARCO Station; and at the ground level, open space would also.have excessive noise exposure.. Suggested mitigation measures were made to the site plan. 2) Impact on parking demand and congestion in the area which would be no net increase in parking and a deficiency already exists in this area. The mitigated suggestion was that an additional 20 -24 spaces in a nearby neighborhood be provided. Vice -Mayor Dunin opened the public hearing. Dale Molesworth, Executive Secretary of Poise, the applicant, commended staff, the Housing Authority and various other boards and committees for the cooperation that they have shown to them on trying to get this project off the ground. He reviewed the history of the project starting with the demolition of the original building as required by the city.. He felt the best use of the property was a mixed use which would be a combination of low /moderate income housing and commercial. He felt this would benefit both the San Luis Medical Clinic as well as the elderly and would urge the Council approval so that they might proceed with the HUD application. Councilman Settle questioned.how the applicant intended to solve the parking deficiency. Mr. Molesworth responded that some of the parking was available at the clinic and other spaces would be made tip by paying parking -in -lieu fees. Councilman Griffin asked what minimum documentation would be required.in order for them to submit an application to HUD. Mr. Molesworth replied that a clear zoning approval would have to be indicated by the Council in order for the application to proceed. Councilman Dunin asked what the relationship was between this group and the sponsoring organizations. Mr. Molesworth responded that there was no association between the two except for leasing space at the clinic. The financing organization would City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 5 be the owner. Upon question, he stated that Poise would retain interest in the commercial portion of the building only as far as the construction went. Patrick Sullivan, representing the San Luis Medical Clinic, stated they were prepared to review the project if the Council desired. He spoke to the density issue. He stated that the Anderson Hotel, the Wineman and the San Luis Hotel in San Luis Obispo for the elderly are all at least twice the size of the proposed structure. The commercial use will be serving the ' residents although not exclusively. Two apartments will be designed to accommodate the handicapped. He stated that their deadline was June 23 for the application to HUD. He felt that there were enough safeguards in the agreement to protect the city if the city would be willing to give tentative approval at this point. He could agree with the staff recommendation concerning the proposed development agreement with the exception of item 3 which read that not more than 4,000 sq. ft. could be devoted to non -resi- dential use with those limited uses to medical offices, medical equipment, sales, rental or services; of pharmacy or agencies providing care primarily to the elderly. He explained they had originally requested at least 12,000 sq. ft. although their application came in for 9,000 sq. ft. Steve Nelson, Chairman of the Housing Authority, spoke in support of the proposal. He stated that although they had discussed the need for addi- tional low income housing in the downtown area with the city for years, nothing has been done. The activity that is happening today is the result of several years past and of those projects finally coming to fruition. Parking should be a consideration but should be minimized because the elderly seldom drive. He felt that there was a terrific opportunity to supply needed elderly housing and would strongly urge Council's support. Although HUD has funds available this year, one can't be sure that by next year those same funds would still be accessible. Regarding a statement by Mr. Nelson for the city to.get through the red ' tape quickly, Councilman Dunin stated that he feels the Council is being asked to throw the book away for this project. Alice Withers, Public Housing Manager for the Housing Authority, spoke in support of the project and submitted•a communication dated May 17, to the. Council stating that on behalf of the Housing Authority they were requesting Council endorsement of San Luis Medical Clinic's proposed 24- unit complex. She cited several figures showing the number of housing units, the average rent at four locations of elderly housing buildings, the average vacancies, the total on the waiting list; which penciled out that there were 228 units available with an average of 19 vacancies and 163 people waiting for those vacancies which would mean up to eight and a half year's wait. Upon question by Councilwoman Dovey, asking whether or not she could still support the project regardless of the many areas that do not conform to city - regulations, Ms. Withers stated that she would not want the city to "throw out the book" but she would like to see them make concessions wherever possible to allow this important elderly housing development. Councilman Griffin questioned if Mr. Nelson thought there was any other property in the downtown area that might be suitable and could also be demolished as was this site. Mr. Nelson stated that the biggest problem was lack of time. They had been going through a frustrating experience for the past three years trying to ' find residential housing in the downtown. This has been the first that they have been able to find. Tom Rice, property owner located behind Pacific Street, stated he was concerned about the zoning issue: He said all the property facing Pacific is zoned Office and all the others facing Marsh is Central Commercial. Why is Council contemplating allowing this one exception? With regard to parking, he did not feel that the project was going to lend itself to resolving the current parking deficiency but rather be adding to it. There are already several traffic circulation problems inherent with the area. The churches are also adding to the parking problem. The third item was e City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 6 the height of the building; a 50 -foot building structure would not be aesthetically pleasing. The city has previously turned down other such development requests for five -story structures, and he would urge the:same here. Mrs. Evelyn Delmartini, 2210 Santa Ynez Avenue and representing two of her clients including herself, questioned the EIR and its mitigating measures. She still felt that the noise and parking problems had not been adequately addressed. Her tenants are in the BIA district and are paying double the costs of what this landowner would have to pay, and yet,-,the city is looking to relax the standards for this one property owner.: She urged that the Council be concerned with the real issues. The land that was condemned would also have lowered the price for!the developer. Payment in -lieu of parking is not an adequate way to eliminate the already severe parking shortage in.this..area. She questioned if.the residents would be.long.or short -term. Toby Ross; Community•Development Director, stated that the parking -and where it would be provided had not.yet been defined. Staff was recom- mending that one parking space per 400 sq. ft. be required for commercial and one per four units for residential units. The applicants have indicated that they could have 12 spaces leased through the clinic as part of the HUD requirement and that they would be willing.to contribute some monies towards parking in the downtown area. Sixty -two years of age is defined by HUD as being elderly. The project proposed will have kitchens; and the project:is intended to serve long -term residents. Ted Salas, residing at the corner of Morro and Pismo Streets, spoke to the parking issue and the negative effects it would have near his property. He also questioned the gasoline fumes from the Arco station going towards the project. He questioned if staff had reviewed parking.spaces being provided for the handicapped, the noise level, whether or not x -rays would be taken in the commercial portion of the building. Roy Hemf, 569 Lawrence Drive, spoke in support of housing for the elderly ' but not to the detriment of the surrounding area. He did not feel that the necessary parking was going to be provided. He, too, was concerned about fumes from the adjacent gas station. John Hunter, 1148 Leff Street, stated that the Planning Commission had not done its homework but rather had passed the buck to the Council on this project as they seemed to have had many of the same concerns that the. Council had this evening. He felt the Planning Commission should have required many of these problems to be .addressed first. Roy Hemf stated that the two suites to be built for the handicapped should be on the first floor to enable easier access for the handicapped. Alice Withers, Housing Authority, questioned whether or not the developer had reviewed underground parking as a possible alternative. Toby Ross responded that they had but the lot was too narrow and would not be cost - effective. Linda Hampton requested the City Clerk read her letter into the record. It read as follows: "Members of the Council: I own the property at 1060 Pacific Street.. I am aware of the need for low- income housing for the elderly. My main concern is the parking, as.it is now we have parking problems in the area. Some of the tenants will no doubt own cars. There will be others who will need transportation. So.if the tenants.wish to have friends pick them up, where would it be safe to do so? I understand that there will be two handicapped spaces in front. But as you know they aren't available to all. I suggest having a few spaces on site for emergency and etc. The zoning exceptions you are allowing for this project are varied quite a bit, and I feel it should be given a lot of.thought because.it could give you problems in the future. City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 7 The residential density, as you said would be twice what is normally allowed could prove to be a hazard in an emergency situation. I feel more thought should be given to the normal required setback of 15 feet. I will be at the meeting but not voice my concerns at the podium because of my hearing problem." Signed Linda Hampton Vice -Mayor Dunin closed the public hearing. Councilman Griffin felt that the project does require a great deal of cooperation between all agencies involved. Past councils have been sup- portive of low- income housing as does this council. After reading the statutory requirements requiring the land use policy, the city does not have precise guidelines for such a proposal. He was not prepared this evening to pass -to -print on a zoning ordinance but would support one of the other alternatives as recommended by staff. Councilwoman Dovey agreed with comments made by Councilman Griffin. She would need more information on the project itself. She would continue the zoning change but she would be willing to spend time this evening addressing these other issues and giving direction to staff. Councilman Settle stated this was a tough issue between HUD and city requirements. He could not support a zoning change at this time but would be willing to look at modifications. He, too, as most of the others in the audience tonight, was supportive of trying to find some housing for the elderly. He did not want to move too quickly and then regret it. Vice -Mayor Dunin.suggested continuing this item to the June 21 meeting for continuation and deliberation of the problems. Patrick Sullivan, project consultant, stated that the project would die without the rezoning change or Council concurrence this evening and would strongly urge that the Council reconsider and make a determination this evening. Councilman Griffin suggested going through the draft resolution prepared by staff to allow for a draft development agreement and suggested going through each of the issues for resolution that would allow staff to have some kind of framework in which to! proceed. - Toby Ross then reviewed the draft resolution with each of the eight provi- sions cit-ed in the resolution as well as the staff recommendation. Council then went through each condition, attempting to,reach consensus. 1: Staff can provide the "circumstances and findings" required; no policy determination is necessary. Upon general consensus Council concurred (4 -0 -1). 2. 100% of the-project would.be,available.exclusively for low- or moderate - income, elderly or handicapped residents as defined in state law for a term of not less than 30 years. Upon general consensus Council concurred (4 -0 -1). 3. Enforceable restrictions or the means of incorporating same into property title or other acceptable instruments, concerning the maximum floor area to be devoted to non - residential use, would be not more than 4,000 sq. ft. and limiting such uses to medical offices; medical equipment sales-;.rental or services; a pharmacy.or agencies providing care primarily to the elderly. Council could not reach consensus on this item as the applicant stated that 4,000 sq. ft. was totally unacceptable. Mr. Sullivan stated he would prefer to have the square footage tied into the parking requirement. His client had originally wanted 12-,000•sq. ft. City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 8 and the proposal made to the city was 9,000 sq. ft. They certainly could not go to 4,000 and make any kind of profit whatsoever. 4. Assurances that the following conditions of development approval will be complied with: A. Provision of parking spaces: commercial space - one parking space per 400 sq. ft.; residential units - one per four units unless auto ownership prohibited; all spaces to be within 600 ft. of project (parking should be added.) B. Approval by the Architectural Review Commission, including archi- tectural features or plan revisions to address concerns identified in the initial environmental study and at previous Architectural Review Commission and Planning Commission consideration would address noise exposure and the useability of outdoor space considering sun and wind exposure. Upon general consensus Council concurred (4 -0 -1). 5. Approval of exceptions to the Zoning Regulations property development standards: A. Density: Staff would support at least 20 units or 83% bonus. B. Setbacks: Street yard setback would be subject to Architectural Review Commission approval. C. Parking in excess of that required in 4.A above: Staff was recommending that it be only as described in 4.A above. Upon general consensus Council agreed to support a maximum of 20 units or equal to an 83% density bonus (4 -0 -1). This item resulted in a great deal of discussion, with Mr. Sullivan stating emphatically that it should read "at least" 20 units which would allow them additional units if they could show and prove to the city through a financial statement that additional units were warranted. 6. Provision that if construction does not commence within two years of the date of approval of the agreement the City Council shall initiate rezoning to the Office zone: Staff recommended rezoning as specified. Council concurred with the staff recommended provisions with amendment to read "that the City Council shall consider initiation of rezoning to the Office zone." (4 -0 -1). 7. Approval of other incentives, if any: Staff did not recommend any other incentives. Upon general consensus Council concurred (4 -0 -1). 8. The conditions, if any, and the procedures, including public hearing, under which the agreement may be amended or cancelled (or the interests may be assigned): Staff was recommending that no other condition be suggested. George Thacher, City Attorney, suggested that this item be deleted so that the Council did not box themselves in. Council concurred with the City Attorney's recommendation (4 -0 -1). After lengthy discussion it was moved by Councilman Griffin, seconded by Councilman Settle, that staff be directed to work with the applicant on proposed planned development agreement'as directed by Council this evening and to be returned for consideration at a special council study session because of the time constraints. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Vice -Mayor Dunin City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 9 NOES: None ABSENT: Mayor Billig 9:30 p.m. Vice -Mayor Dunin declared a recess. 9:50 p.m. City Council reconvened, Mayor Billig absent. .2. APPEAL OF PLANNING COMMISSION DECISION Council held a public hearing to consider an appeal by D.D. Sparling of a decision by the Planning Commission supporting the Community Development Director's interpretation that existing retail use at 1265 Laurel Lane (The Iron Man) is a specialty retail store and not a general merchandise variety store. Toby Ross, Community Development Director, reviewed the Council agenda report (file 41407) suggesting four alternatives to resolve this issue: 1) Uphold the appeal, which would be the most expedient in that it would allow the applicant to receive a building permit upon satisfaction of building code requirements and property standards; 2) revise the C -N zone to allow small specialty stores perhaps with individual and cumulative area limits would enable the expansion; 3) changing the non - conforming use regulations to allow minor expansion of such uses would enable the proposed expansion. This action would contradict the currently stated intent of the nonconforming use provisions. It would require hearings before the Planning Commission and Council; 4) rezoning the site to C -R would allow the expansion. This action would also allow more intense development and a wider range of uses for the whole of Laurel Lane Center. Staff was recommending that Council deny the appeal because this was very definitely a specialty store and within the zoning ordinance definition, Section 9204.11. He stated the C -N zone is intended to provide retail sales and personal services primarily for the benefit of nearby residential areas. In the recent revisions to the zoning regulations, certain definitions and categories of uses were deliberately chosen to carry out the intent of the general plan and the ' zone. These two categories were: 1)-Retail Sales and.Rental, Specialties. Examples given include shoe stores, clothing stores, toy stores and gift shops. They are allowed in C -R and C -C zones but not in the C -N zone; 2) Retail Sales, General Merchandise. Examples of this include drug, discount and department and variety stores; subject to a size limitation, such uses are allowed in the C- N'zone. Vice -Mayor Dunin opened the public hearing. Doug Sparling, 130 Rosita Street and one of the owners of The Iron Man the applicant, stated that he had a problem with the definition of what the city calls "variety ". He felt that his store 3s apparel and accessories as called for, citing 55 -60% of his goods were variety and 40 -50% apparel. He cited T. G. & Y. as being a variety store and they don't just serve the local neighborhood but they serve nationwide and that's how-they advertise. Upon question by Councilman Griffin, he stated that he was not aware that his store was a non - conforming use and that when he bought into this location about three years ago he was not told that at the time. William F. Loy, owner of Laurel Lane Pharmacy, spoke in support of the applicant, stating that when he had opened his pharmacy next door many people had objected to the words Laurel Lane Pharmacy because it sounded as though all he sold were pharmaceutical goods, which in fact was not the case as he sells a variety of other goods. Rose McKeen, 1309 Richards Street and an owner of the shopping center, also spoke in support of the appeal and felt'the zoning issue was a matter of interpretation. She did feel that this'store serves the entire area. Vice -Mayor Dunin declared the public hearing closed. Councilman Settle also felt that the definition of the various zones for variety was extremely unclear and would like to see a better definition of variety versus specialty stores. City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 10 Councilwoman Dovey stated she could not support that interpretation.. She felt that it was very clear that this store was not variety, it does not sell "many" other goods, but rather caters to select groups i.e. fire, police, nurses, for uniforms. Few of the neighborhood residents would be customers. Councilman Griffin questioned if upholding the appeal would cause ambiguity and if the Community Development Director would find this to be,a problem. Maybe, instead, staff should look at reviewing.what is considered a minor expansion and could look at non - conforming uses using this proposal as an example. After discussion, it was moved.by Councilman Settle, seconded.by Councilman Griffin, to uphold the appeal and direct staff to review the approach, toward minor expansions in a manner which would not jeopardize the city's current ordinance. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Griffin, and Vice -Mayor Dunin NOES: Councilwoman Dovey ABSENT: Mayor Billig . 3. TENTATIVE MAP AMENDMENT - TRACT 1034 Council held a public hearing to consider a Planning Commission recommen- dation to amend approved tentative map creating a 40 -unit residential condominium (lots 1 and 2 of Tract 758 - southerly face of Terrace Hill); Cuesta Valley Properties, subdivider. Toby Ross, Community Development Director, reviewed the council agenda report (file #410 -1034) stating that it was staff and Planning Commis - sions's recommendation for approval of the requested amendment to, the tentative map subject to the amended conditions and added conditions as follows; Condition 3: Public water and sewer mains shall.be.sized to the approval of the City Engineer. Condition 13: All on -site drainage struc- tures, if required, shall be owned and maintained by homeowner's associa- tion, except for culvert between Florence and Bushnell Avenues. Easements shall be granted for said culvert to the approval of the City Engineer,:;; See Condition 11. Condition 25: Street lighting on public streets shall be installed to city standards and to the approval of the City Engineer.. Street lighting on private streets shall be installed as approved by the Architectural Review Commission. Condition 26: Fletcher Avenue between Bushnell and Florence Avenues,.shall be improved with curb, gutter, and sidewalk adjacent to the subdivision, with 32 feet of street paving and an AC berm on the southerly side. ,Bushnell Street between Fletcher and Haskin Avenues, shall be fully improved with curb, gutter and siedwalk, adjacent to the subdivision, with 32 feet of street paving and an AC berm on the westerly side. Condition 34: would remain as is but delete the words "including lot 43 ". The.added condition would be Condition 39: "Tentative map approval is in effect until July 13, 1984." Vice -Mayor Dunin opened the public hearing. John French, Cuesta Valley Properties at 1135 Osos Street, spoke in support of the amendments as recommended, stating that there wasn't any major change happening and would urge Council.'s approval. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No..5115 (1983 Series),.a resolution of the Council of the City of San Luis Obispo, approving the amended tentative map for Tract 1034. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Vice -Mayor Dunin 1 1 City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 11 NOES: None ABSENT: Mayor Billig Wayne Peterson, City Engineer, stated that he did have some problems involved with increased runoff and with Condition 11.the third_portion - -_. which reads "Construction of a retention basin between the project site and the railroad to alleviate existing flooding on off -site residential proper- ties or system to retain all of the increases in drainage from the site caused by its development or drain under SPRR ". The existing drain is not sufficient to handle the extra runoff water in his opinion and he felt that the developer should be responsible for its improvement. John French stated that this would necessitate putting in another pipe, which was not the least bit cost effective, under the track or a retention basin which would also ndt do any good because of the maintenance which would be a problem for the city. Mr. Peterson stated that the railroad wrote the city a letter stating that the additional runoff would have to be taken care of; if the railroad would be agreeable to the changed condition -then he could support it. Councilman Settle stated that the retention basin was not going to solve the problem in his opinion and would therefore find it difficult to support that requirement. George Thacher, City Attorney, suggested this be referred back to the City Engineer to review the city's liability in this case. He suggested deferring the effective date of the resolution until a report could comeback from the City Engineer. After discussion, it was moved by Councilman Settle, seconded by Council- woman Dovey, to continue the two'items concerning the drainage and the. Bishop Street issue for report back by the City Engineer to the Council meeting of June 21. Motion carried on the following roll call.vote: AYES: Councilmembers Settle, Dovey, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig- 4. FINAL MAP APPROVAL - TRACT 895 Public hearing was held to consider a resolution to grant the final map approval for Tract 895- (Laguna-Green) to create 33 air -space condominiums located at 1445 Prefumo Canyon Road; Laguna Lake Company, subdivider. Wayne Peterson, City Engineer, reviewed the council agenda report (file 41410 -895), stating that it was the staff's recommendation that Council approve the final map as recommended. ' Vice -Mayor Dunin declared the public hearing.open. Leonard Lenger, representing the applicant, spoke in support of approval of the final map. ' Vice -Mayor Dunin declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5116 (1983 Series), a resolution of the Council of the City of San Luis Obispo granting final map approval for Tract No. 985:as- recommended. — - Passed and adopted on the following roll call vote: City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 12 AYES: Councilmembers Dovey, Settle, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig 5. GARBAGE RATE INCREASE Public hearing to consider a request by the San Luis Garbage Company to increase garbage rates ovef a three -year period for residential and commer- cial services. Rudy Muravez, Finance Director, reviewed the council agenda report (file 1142) stating that the alternatives recommended by Mr. Peasley, the consultant, were 1) the garbage company rates be increased on an annual basis over the next three years. The first being a 20% in 1983, an additional 10% in 1984, and an additional in 1985: 2) Increase the rates once by 30% in the current year allowing this rate to be in effect for the three -year period. 3) Grant a rate.increase other than that recommended in the report as discussed by the Council. It was his recommendation based on the results of the study that a rate-increase is appropriate to a fair rate of return for the Garbage Company and phase increases recommended in Mr. Peasley's report of the 20- 10 -10. These are most equitable to the employees of the Garbage Company service. He had prepared a draft resolution which provided the schedule of rates effective July 1, 1983, and each successive year through 1985. Vice -Mayor Dunin declared the public hearing open. LaVerne Schneider, 1356 Marsh Street, reviewed the history of the garbage franchise as she knew it and stated that it would be expiring in four years. She had been a resident in the city for 30 years and recalls that there were rate increases in 1974 and 1977. The rate went to $3.60 represent- ing a 40 percent increase. The Council also had the franchise renewed for 10 years and garbage collection became mandatory. In 1980 it went to $4.30, in addition cans had to be brought to curb -side and not left in the back yard for pick up. The Garbage Company decreased its service, in that they went from a three -man operation per truck to two -man. The curb -side collection is an eye sore. She would like to see them go back to at least side yard pick up. The sort recycling company came into being.at.that time and those funds were not reflected in the study. She was opposed to the recommended increase and would propose 70 cents increase or $5.00 per household with garbage to be left at the side yard. She would like some additional provision given towards handicapped and the elderly. Charles Cattaneo, owner of Garbage Company, stated that they have about 200 customers who are handicapped and elderly such as himself and his men do go to the backyard at no extra charge to pick up their trash. Vice -Mayor Dunin declared the public hearing closed. After brief discussion and on motion of Councilman Griffin, seconded by Councilman Settle, the following resolution be introduced: Resolution No. 5117 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving a rate increase confirming the two -year phase -in rates as proposed for 20 percent in 1983 and 10 percent in 1984. Third -year phased increase for 1985 would be deleted. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig Any additional rate increase would have to be renegotiated in 1985 when the Council would be looking-at-the franchise which would be expiring in still another two years. 1 1 1 City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 13 6. FINAL PASSAGE OF ORDINANCE NO. 981 - P.E.R.S. AMENDMENT- Council held a public hearing to consider the final passage of Ordinance No. 981, an ordinance amendment with the Board of Administration for Public Employees Retirement System to provide two percent at age 55 and sick leave credit for local safety employees (continued from 5/3/83). Geoff Grote, speaking for Personnel Director Ann Crossey, reviewed the Council agenda report (file X1631) reviewing the recommended action to give final passage to-the ordinance. Vice -Mayor Dunin declared the public hearing open. No one spoke for or against the proposed amendment. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, to give final passage to Ordinance No. 981. Finally passed.on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig 7. FINAL PASSAGE OF ORDINANCE NO. 982 - INSPECTION OF PREMISES Council held a public hearing to consider final passage of-Ordinance No. 982, an ordinance amending Section 7501.12 of the Municipal Code relating to inspection of premises (continued from 5/3/83). Wayne Peterson, City Engineer, briefly reviewed the Council agenda report (file 11521) with the recommended action that Council give final passage to the ordinance. Vice -Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilwoman Dovey; seconded by Councilman Settle, to give final passage to Ordinance No. 982. Finally passed on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig 8. FINAL PASSAGE OF ORDINANCE NO. 983 - UNDERGROUND UTILITIES Council held a public hearing to consider final passage of Ordinance No. 983, an ordinance amending Article VIII, Chapter 4 of the Municipal Code entitled "Underground Utilities" (continued from 5/3/83). Toby Ross, Community Development Director, reviewed the Council agenda ' report (file X1561) with recommendation to give final passage to the ordinance. Vice -Mayor Dunin declared the public hearing open. No one spoke for or against the final passage of the ordinance. Vice -Mayor Dunin declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey; to give final passage to ordinance No. 983. City Council Minutes Tuesday, May 17, 1983 - 7:00 p.m. Page 14 Finally passed on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig 11:15 p.m. Vice -Mayor Dunin convened the Council in closed session to . discuss litigation matters.. 11:45 p.m. City Council reconvened, Mayor Billig absent. 9B. PARKING Council considered a resolution approving an exchange agreement for Shanghai Low Restaurant. George Thacher, City Attorney, briefly reviewed the exchange agreement stating that the city does have the right to terminate the agreement at any time. Roger Lyon, Attorney for the Gins,.: stated that the city and the Gins had spent a great deal of time on the agreement. They did feel there was a fair compromise. It offered benefits to both the city and the Gins. The Gin family recognized the need for the parking structure and was appreciative that the Council understood that they wanted to keep the China town, as the city has known it, intact. After brief discussion and on motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No 5118 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving the exchange agreement for Shanghai Low Restaurant. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig 9C. Council then considered a resolution condemning property located at 861 Palm Street (Shanghai Low Restaurant) required for construction of city's parking structure (continued from 1/4/83, 1/18/83, 2/1/83, 2/8/83, 2/15/83, 3/1/839 3/15/83, 4/5/83, 4/12/83, 4/19/83 and 5/3/83). After brief discussion and on motion of Councilwoman Dovey, seconded by Councilman Settle, to continue this item to September 6, 1983, Council meeting. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig There being no further business to come before the City Council, Vice =Mayor Dunin adjourned the meeting at 11:50 p.m. to Tuesday, May 31, 1983'at 7:00 p.m. Pamela Voges, C 'y lerk APPROVED BY COUNCIL: 7/19/83 u 1 L