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Home My WebLink About05/15/1984City Council Minutes Tuesday, May 15, 1984 - 7:00 p.m. Page 2 Assistant Administrative.Officer; Roger Picquet, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Dvelopment Director; Steve Henderson, HRC Coordinator; Ann Crossey, Personnel-Director; Roger Neuman, Police Chief; Dave Romero, Public Works Director C O N S E N T A G E N D A On motion-of Councilman Dunin, seconded by Councilman Griffin, the consent agenda unanimously approved as recommended by staff,. Mayor Billig absent. The following actions taken as indicated: C -1 PLANS AND SPECIFICATIONS - EMERGENCY GENERATORS (File #83 -30) Revised plans and specifications for two emergency generators at the Police and Fire Departments;- City Plan No. H -32D; bid estimate $60,000, without contingencies approved and staff authorized to readvertise for bids (continued from 2/7/84) (4 -0 -1). C -2 WATERLINE IMPROVEMENT PROJECTS (File #501) Resolution No. 5350 (1984 Series), a.resolution.of the Council of the City of San Luis Obispo was adopted approving an agreement with Scott Lathrop for funding participation in the $25,000 Third Quarterly Waterline Project in Buchon Street between Archer and Carmel Streets as recommended by staff. Plans and specifications were approved for "Waterline Improvement Projects in Foothill Blvd., Buena Vista, Pismo and Buchon Streets "; City Plan Nos. H05P, H46Q, H47Q and H51Q; bid estimates-$22,000, $19;000, $28,000, and $27,000 respectively, without contingencies, with staff authorized to call for bids as recommended (4 -0 -1). C -3 REPORT ON BIDS - STORM DRAIN IMPROVEMENT PROJECT (File #84 -05) Resolution No. 5351 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted awarding contract for "Storm Drain Improve- ment Project'-in Madonna Road from Calle Joaquin,to Laguna Lake" to R. Burke Corp. in'the amount of $80,691; City Plan No. H17E, bid estimate $99,200, without.contingencies as recommended (4 -0 -1). C -4 TRAFFIC SIGNAL PROJECTS (File #1144) Resolution No. 5352 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving.an.agreement with Cal Trans for traffic signal improvements at Foothill /Broad /Chorro Streets and at California and Monterey Streets, City Plan Nos. H54C and H55C, as recommended with Vice -Mayor authorized to sign (4 -0 -1). C -5 PARKING LOT RATES (File #552) Resolution No. 5353 (1984 Series), a. resolution of the Council.of:the City of San Luis Obispo was adopted increasing monthly parking rates in City lots as recommended (4 -0 -1). C -6 SURPLUS PERSONAL PROPERTY AUCTION .(File #166) Resolution,No. +5354 (1984 Series), a. resolution of,the Council•of the City of San Luis Obispo'was adopted declaring certain personal property as surplus as recommended (4 -0 -1). Resolution No. 5355 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted.approving sale agreement with Golden West . Auctioneers to provide for the auction of the surplus property approved as recommended with-Vice -Mayor authorized to sign (4 -0 -1). C -7 ANNUAL RATIFICATION OF JPA.(File #1151) Resolution No. 5356 (1984 Series), a resolution of the Council of the City City Council Minutes Tuesday, May 15, 1984 - 7:00 p.m. Page 3 of San Luis Obispo was adopted approving ratification of the Joint Powers Agreement establishing the San Luis-Obispo County and Cities Area Planning Coordinating Council and supporting the name change to San Luis Obispo Area Coodinating Council as recommended (4 -0 -1). C -8 BLOCK GRANT SERVICE BUDGET - HOUSING AUTHORITY (File #421) Resolution No. 5357 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving a service budget for the San Luis Obispo Housing Authority to administer the city's block grant program for 1 the period April 1, 1984, through July 31, 1984 in.the amount.of $6,300, approved as recommended- (4 -0 -1). C -9 EMPLOYEE RECOGNITION PROGRAM (File #604) Resolution No. 5358 (1984 Series), a resolution of the Council of the City of San Luis Obispo was:adopted establishing a City employee recognition program for the -City of San-Luis Obispo for a two -year period from July 1; 1984, through June 30, 1986, as recommended (4 =0 -1). C -10 ELECTRONIC GAME AMUSEMENT CENTER U1002 (File #705) A one -year status report on the Use Permit U1002 allowing a coin - operated electronic game amusement center located in the Cuesta Emporium Building at 879 Higuera Street was ordered received and filed (continued from 5/17/83) (4 =0 -1). C -11 TREE PROGRAM (File #505) The report on the appropriateness of downtown street trees and review of various tree lists was ordered received and filed, and the tree list approved as recommended by staff (continued -from 9/12/83) (4 -0 -1). A D V I S O R Y B O D Y A P P O I N T M E N T'S , A. APPOINTMENTS TO HUMAN RELATIONS COMMISSION (File #125). Upon report and subsequent motion by Councilman Griffin, seconded by Councilwoman Dovey, to appoint Irene Matheny and Steve Powell to the HRC for two -year terms expiring 3/31%86, and Nancy Grant for a one -year term expiring 3/31/85. Motion carried, all ayes, Mayor Billig absent (4 -0 -1). B. APPOINTMENTS TO PROMOTIONAL COORDINATING COMMITTEE (File #125) Upon report and'subsequent motion by Councilwoman Dovey, seconded by Councilman Griffin, to appoint Eileen McGuire- Spears to the P.C.C. for a two -year term expiring 3/31/86. Motion carried, all ayes, Mayor Billig . absent (4 -0 -1). C. APPOINTMENTS TO PERSONNEL BOARD (File #125) Upon report by Council Subcommittee (Dovey /Settle - Councilman Griffin filled in for Councilman Settle) and upon.motion.of Councilwoman Dovey, seconded by Councilman Griffin, to appoint Robert Sorensen and Ted Wheeler to the Personnel Board for two -year terms expiring 3/31/86. Motion carried, all ayes, Mayor-Billig absent (4 -0 -1). Councilman Griffin wished to commend Kim Holmes for her efforts in being timely and helpful in setting the interviews for the applicants. P U B L I C H E A R I N G S 1. STREET ABANDONMENT - PORTION OF CHURCH STREET (File #535) Council held a public hearing to consider the final abandonment of the most easterly portion of Church Street, east of Osos Street, and adjacent to the Southern Pacific Railroad right -of -way; Dave Burke, applicant (continued from 5/1/84). City Council Minutes Tuesday, May 15, 1984 - 7:00 p.m. Page 4 Dave'Romero, Public Works Director, reviewed the Council agenda report and stated that the recommended action was for adoption of a resolution which would abandon a portion of Church Street east of Osos Street and adjacent to the Southern Pacific right -of -way. Vice -Mayor Settle declared the public hearing open. No one spoke for or against the proposed abandonment. Vice -Mayor Settle declared the public hearing closed. 1 On motion of Councilwoman Dovey, seconded'by Councilman Dunin; Resolution No. 5359 (1984 Series) a resolution of the Council of the City of San Luis Obispo was adopted abandoning the portion of Church Street as recommended. Motion carried, all ayes, Mayor Billig absent (4 -0 -1). 2. FINAL PASSAGE OF ORDINANCE NO. 1011 - REDUCING SPEED ON HATHWAY AVENUE AND KENTUCKY STREET (File X1777) Council held a public hearing to consider the final passage of Ordinance No. 1011, an ordinance repealing special speed zones on Hathway Ave. and Kentucky Street which would change the speed limit from 30 to 25 mph. (continued from 5/1/84). Dave Romero, Public Works Director, reviewed the Council agenda report stating that the recommended action was to'give final passage to the ordinance which would reduce speed limits on Hathway.Ave. and Kentucky Street from 30 to 25 mph. Vice -Mayor Settle declared the public hearing open. No one spoke for.or against the proposed ordinance. Vice -Mayor Settle declared the public hearing closed. Councilman Dunin questioned why speed limits of between 40 and 45 mph. are allowed on aome streets within city limits. He felt that speed was excessive for city streets. Dave Romero, Public Works Director, responded that following surveys that indicated the proper speed for those streets, they were set to enable - enforcement of the speed zones by use of radar. On motion of Councilwoman Dovey, seconded by.Councilman Griffin, Ordinance No. 1011 (1984 Series) be given final passage repealing special speed zones on Hathway Avenue and Kentucky Street as recommended. Motion carried, all ayes, Mayor Billig absent (4- 0 -1).' 3. FINAL PASSAGE OF ORDINANCE NO. 1013 - GROWTH. MANAGEMENT (File 11466) Council held a public hearing to consider final passage of Ordinance No. 1013, an ordinance revising the evaluation interval in the Residential Growth Management Regulations from 18 to 24 months (continued from 5/1/84). Toby Ross, Community Development Director, briefly reviewed the Council agenda report with a recommendation that Council :give final-passage to the ordinance as recommended. Vice -Mayor Settle declared the public hearing open. No one spoke for or against the proposed ordinance. Vice =Mayor Settle declared the publici hearing closed. ' On motion of Councilman Griffin, seconded by Councilman Dunin, final passage was given to Ordinance No. 1013 as recommended;. Mayor Billig absent (4 -0 -1). 4. FRATERNITY APPEAL (U1146) (File #464) Continued hearing of an appeal was held on behalf of the Phi Sigma Chapter of Lambda Chi Fraternity appealing a condition of approved Use Permit allowing a-fraternity house ~at 1 Mustang Drive (continued from 5/1/84):, City Council Minutes Tuesday, May 15, 1984 - 7:00 p.m. Page 5 Toby Ross, Community Development Director, reviewed the agenda report and stated that.some amendments had been suggested by Councilwoman Dovey which were included:in the packet for Council review. It was staff's recommenda- tion that Council adopt the resolution denying the appeal and approve the use permit subject to the revised findings and conditions as recommended. Vice -Mayor Settle declared the public hearing open. Upon question by the City Attorney, Councilman Dunin stated that he had listed to the tapes recording the previous meeting concerning this item.: Jay Whisenant, MDW and representing the owner of the project, stated that he had been very pleased to see the changes that were made since the.last meeting. With regard to the question raised with the restroom facilities, he felt the buildings were adequate, and that the guest toilets on the ground floor would be sufficient for the public. Kevin Hauber, 1617-Santa Rosa Street and a member of the Lambda Chi Fraternity, stated that they too had no problem with the.suggested revisions...'. .. Vice -Mayor Settle declared the public hearing closed. On motion of Councilman Griffin, seconded by Councilwoman Dovey, Resolution No. 5360 (1984 Series), a resolution of.the Council of the City of San Luis Obispo was adopted which denied the appeal and approved the use permit subject to the revised findings and conditions as recommended by staff and amended by Councilwoman Dovey. Motion carried, all ayes, Mayor Billig absent. . 5. SECOND RESIDENTIAL UNIT (File 46425) Council held a public hearing to consider a referral from the Planning Commission of an appeal by Geoffrey-and Elizabeth Chaffe of an approved use permit (UA11 -84) allowing a second dwelling unit and single family house located at 773 Miranda Drive; R -1 zone; Robert Cleath, applicant. ' Toby Ross, Community Development Director, reviewed the Council agenda report stating that staff's recommendation was for Council adoption of a resolution which would deny the appeal and uphold the Planning Commission's action to conditionally approve Use.Permit UA11- 84,.and initiate amendment to the second unit ordinance to limit allowable floor. area of second units. Vice -Mayor Settle declared the public hearing. open. Robert Cleath, applicant, stated he was a professor emeritus and Presbyterian minister. He felt that the appeal should be denied on the basis that he had complied with all the regulations required in the ordinance. He felt that the unit that he was proposing was appropriate for the lot size, it met all city-requirements, was architecturally compatible and in keeping with the neighborhood. He felt the project would be an asset because of its design. He stated that the last home he built in San.Luis Obispo was given an Obispo Beautiful award and he felt this one also would-be equally deserving. He also responded to several concerns or accusations made by neighbors of the new home. Geoff Chaffe, 944 San Adriano and the appellant, urged the Council not to allow this for exactly the opposite reason that Mr. Cleath cited, that this was not in keeping with protection of the neighborhood. He felt that when Cuesta Highlands had developed the property its approval was based as a single family residential neighborhood. When he first wished to purchase his own of property he reviewed the CC &R's which stated that only one dwelling would be provided on each lot and these were all reasons why he bought where he did. He did not want to see the elements of this neighborhood change. Don Smith, also a neighbor in the area, urged the Council to uphold the appeal.by Mr. & Mrs. Chaffe. He too felt that an additional unit in an R -1 zone was both undesirable and not in keeping with the intent of the ordinance. City Council Minutes Tuesday, May 15, 1984 - 7:00 p.m. Page 6 Virginia Cleath, 773 Mirada Drive, explained that the additional unit would not change the house into a duplex. It was not adding a second home, and it was not greatly enlarging the.original house. It had been built originally as a place to keep her comatose son when he was home from the hospital and, now that he had passed away, they would like to be able to utilize it as a rental or possibly for where her mother might stay. She would urge the Council to deny the Chaffe's appeal. Ruth Colonzo, 1720 De Anza, reviewed the tract restrictions when she had ' bought into this area,'stating that the second dewelling unit could not be allowed and she would also urge the Council to uphold the appeal. Vice -Mayor Settle declared the public hearing closed. Upon question by Councilman Dunin, Roger Picquet, City Attorney, stated that the appeal had no serious legal ramifications should the Council wish to deny the appeal. Should the City wish to uphold the appeal, it would have to make certain findings which might be extremely difficult to do in light of the circumstances. Any legal challenge to the community (city) would also be a very difficult one to fight. Councilwoman Dovey agreed that there were a great many loopholes in the ordinance and she would urge staff to review and bring back amendments that would tighten those areas of the ordinance now unclear. Vice -Mayor Settle agreed. He was opposed to having second residential units added, in particular, additions to newly built homes. Councilman Griffin also agreed. After brief discussion and on motion of Councilman-Griffin, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 5361 .(1984 Series), a resolution-of the Council of the City of..San Luis Obispo denying the appeal and upholding the Planning Commission's action to conditionally approve the use permit for UA11 -84 as recommended. Motion carried, all ayes, Mayor.Billig absent (4 -0 -1). On motion of Councilman Griffin, seconded by. Councilman.Dunin, to initiate an amendment to the second unit ordinance to explore the possibility of limiting allowable floor area of-second units, or other viable alternatives. Motion carried all ayes, Mayor Billig absent (4 -0 -1). 6. FINAL MAP APPROVAL AND BOND - REDUCTION FOR TRACT 929 (UNIT I & II) ,(File #410 -929) A. Council considered a resolution to reduce bond for Tract-929 (Unit I) for public improvements located at 4000 Broad Street; Santa Lucia Hills, Inc., subdivider. Dave Romero, Public Works Director,.reviewed the agenda report with recommen- dation-that.Council adopt the resolution which would reduce the bonding requirement for Tract 929 (Unit I) subject to compliance of pertinent civil code procedure. Vice -Mayor Settle asked for public comment. None was forthcoming. On motion of Councilwoman Dovey; seconded by Councilman Griffin, Resolution No. 5362 .(1984 Series), a resolution of,.the Council of the City of.San Luis ' Obispo was adopted.reducing the bond for Tract 929, (Unit I) from $700,000 and $350,000 for Faithful-Performance Bond�and -Labor and.Materials.Bond, to $96,000-and $48,000, respectively as.recommended. Motion carried, all ayes, Mayor Billig absent. (4= 0 =1).' . B. Council held a public hearing to consider a resolution granting final" map approval for Tract 929 (Unit II), an 18 -lot residential subdivision with 2 lots for a park area, located at 4000 Broad Street; Santa Lucia Hills, Inc., subdivider: City Council Minutes Tuesday, May 15, 1984 - 7:00 p.m. Page 7 Dave Romero, Public Works Director,.'reviewed the Council agenda report stating that the recommended-action by staff-was for Council adoption.of the resolution which would approve the final map and subdivision agreement for Tract 929 (Unit II) with the Vice -Mayor authorized to sign the agreement. Vice -Mayor Settle-declared the public.hearing open.. Chuck French, owner and applicant, stated he was available for any questions. Vice -Mayor Settle declared the publ16 hearing closed. On motion of Councilman Griffin, seconded by Councilman Dunin, that the following resolution be introduced: Resolution No...5363 (1984 Series), a resolution of the Council of the City of San Luis Obispo granting final map and subdivision agreement approval for Tract 929 (Unit II) as recommended. Resolution-adopted-all ayes, Mayor Billig absent (4- 0 -1).. 7. HRC GRANTS- IN- AID.FUNDING (File 41041) Council considered Human Relations Commission'recommendations on grants -in -aid funding for fiscal year 1984 -85 to the following 15 organizations: Budget HRC . Requested Subcommittee Recommendation 1. Family Services Center $ 4,200 $ 4,200 $ 4,200 2. Salvation Army 20,000 20,000 20,000 3. San Luis Obispo Transitions 4,875 3,000 3,000 . 4. Mental Health Association 5,288.89 4,000 4,000 5. Rape Crisis Center 1,200 ,400 400 6. Middlehouse 1,100 600 600 7. Youth Baseball, Inc. 2,000 0 0 8. Friends of Casa be Vida 2,594.75 0 1,250 9. Casa Solana. 10,000 2,500 2,500 10. Friendship School 3,497 1,850 1,850 11. YMCA 3,000 1,000 1,000. 12. Hotline 9,250 9,250 9,250 13. Women's Shelter Program 3,000 1,500 1,500 14. Child Development Center 23,260 9,000 9,000. 15. People's Kitchen 6,900 2,700 2,700 totals $100,165.64 $60,000 i$61,250 Steve Henderson, Human Relations Program Coordinator, reviewed the Council agenda report stating that the recommendation was for Council review and. approval of the HRC recommendations for fiscal year 1984 -85 in the amount of $61,250. Staff would then include that amount in the budget, preparing the contract with each agency for Council's later review. _ Vice Mayor Settle asked for public comment. None was forthcoming; On motion of Councilwoman Dovey, seconded by Councilman Griffin, to approve in concept the HRC'recommendations for.fiscal year -1984 -85 in the 'amount of $61,250. Motion carried, all ayes, Mayor Billig absent .(4 -0 -1). 8. ENCROACHMENT PERMIT (File 4144) Dave Romero, Public Works Director, reviewed the Council agenda report stating that the recommended action was for Council adoption of the resolution to approve an encroachment permit to Southern California Gas Company :for portion of South Street between Broad and Emily Streets. He stated that after discussion with the applicant's representative, staff also concurred with one change to the agreement in.Section 2 allowing for a one year termination date rather than the current 90 -day written notice. ... Vice -Mayor Settle asked for public comment. Jay Whisenant, MDW and representing the applicant; agreed with staff recommendation and was supportive of the revised change..