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HomeMy WebLinkAbout02/05/1985M I N U T E S REGULAR MEETING OF THE CITY COUNCIL ?y CITY OF SAN LUIS OBISPO TUESDAY. FEBRUARY 5. 1985 - 7:00 P.M. s COUNCIL CHAMBER, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Vice -Mayor Allen K. Settle and Mayor Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Roger Picquet, City Attorney; Toby Ross, Community Development Director; Don Englert, Police Captain; Dave Romero, Public Works Director; Jim Stockton, Recreation Director; Jack Kellerman, Chief Building Official; Steve Seybold, Crime Prevention Officer; Sharon Turner, Recording Secretary C O N S E N T A G E N D A On motion of Councilman Griffin, seconded by Councilman Settle, the consent agenda was unanimously approved as recommended by the City ' Administrative Officer, with the exception of C -9 as noted. The following actions taken as indicated: C -1 COUNCIL MINUTES Minutes of Monday, November 26, 1984 - 12:10 p.m. including partial transcript of same date, and Monday, January 14, 1985 - 12:10 p.m. approved as amended (5 -0). C -2 CONTRACT PAY ESTIMATES Contract pay esimates and change orders approved as recommended (5 -0). C -3 CLAIM AGAINST THE CITY - M. HAGGERTY (File #189) Claim against the City by MaryAnn Haggerty in the amount of $25,000 for personal injuries received from traffic accident when traffic signal malfunctioned at the intersection of Monterey and Johnson allegedly the result of city negligence was denied as recommended (5 -0). C -4 CLAIM AGAINST THE CITY - S. STEELE (File #189) Claim against the City by Jacob S. Rosewall in the amount of $88,500 for personal injuries received during a recreational activity sponsored by the city was denied as recommended (5 -0). C -6 SURPLUS PROPERTY SALE - BUCHON STREET (File #165) Bids on the sale of surplus property at 1330 Buchon Street denied. Staff authorized to readvertise the sale offering, solicit additional appraisal, Claim against the City by Steven R. Steele in an undisclosed amount for damage to motorcycle caused by traffic accident at the intersection of Monterey and Johnson allegedly a result of city negligence was denied as recommended (5 -0). C -5 CLAIM AGAINST THE CITY - J. ROSEWALL (File #189) Claim against the City by Jacob S. Rosewall in the amount of $88,500 for personal injuries received during a recreational activity sponsored by the city was denied as recommended (5 -0). C -6 SURPLUS PROPERTY SALE - BUCHON STREET (File #165) Bids on the sale of surplus property at 1330 Buchon Street denied. Staff authorized to readvertise the sale offering, solicit additional appraisal, 1i City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 2 investigate use of realtor and investigate lot combinations as recommended (5 -0). C -7 GRANT FUNDING - LA FIESTA (File #1051) Resolution No. 5612 (1984 Series), a resolution of the Council of the City of San Luis Obispo approving line item grant funding in the amount of $3,000 for La Fiesta as recommended (5 -0). C -8 MUTUAL AID - CMC (File #731) Resolution No. 5613 (1984 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and California Mens Colony for development of a Mutual Aid Escape Pursuit Plan as recommended (5 -0). C -9 PARKING METER HOLIDAYS (File #552) Ordinance amending Municipal Code for consistency regarding legal state and city holidays observed for parking meter enforcement continued for additional report (5 -0). P R E S E N T A T I O N S A. RESOLUTIONS OF APPRECIATION - JACK RESIDENCE (File #892) Presentations of Resolutions of Appreciation made by Mayor Billig to the Jack Residence Committee, members of city staff and community volunteers in appreciation of their efforts in restoring the Jack Residence and Gardens. B. HOUSING AUTHORITY UPDATE (File #1032) Presentation made by Rich Chubon from the City Housing Authority with update of a proposal to establish a Countywide Housing Authority. P U B L I C H E A R I N G S 1. SECOND -UNIT REGULATIONS (File #425) Council held a public hearing to consider an ordinance amending the city's_ second -unit regulations regarding size limits for second residential units (continued from 1- 8 -85). Toby Ross, Community Development Director, briefly reviewed the agenda report stating the recommended action was that Council pass -to -print ordinance amending the second -unit regulations limiting the size of second units as recommended by the Planning Commission with amendments as recommended by Council at its meeting of 1/8/85. Mayor Billig declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. After brief discussion and on motion of Councilman_Dunin, seconded by Councilwoman Dove y, Ordinance No. 1034 (1984 Series), an ordinance;of.the Council of the City of San Luis Obispo was introduced to print amending the second -unit regulations regarding limiting the size of second units as amended to change Finding #1 to read "The purpose of this chapter is served." Ordinance introduced to print unanimously (5 -0). 2. UNIFORM CONSTRUCTION REGULATIONS (File #402) Council held a public hearing to consider final passage of Ordinance No. City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 3 1033, an ordinance adopting amended uniform construction codes for the city (continued from 1- 15 -85). Jack Kellerman, Chief Building Official, stated he was available to answer any questions. Mayor Billig declared the public hearing open. No one spoke for or against proposed final passage. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dove y, Ordinance No. 1033 was given final passage as recommended. Motion carried unanimously (5 -0). 3. NOISE REGULATIONS (File #738) Council held a public hearing to consider final passage of Ordinance No. 1032, an ordinance to consider amendments to the Noise Regulations (continued from 9- 18 -84, 10 -2 -84, 12 -4 -84 and 1- 15 -85). Don Englert, Police Captain, briefly reviewed the agenda report stating that the recommended action was that Council give final passage to Ordinance No. 1032, establishing noise control regulations. This revised ordinance provides for the use of a decibal meter by a Police Officer to make an objective determination, if a noise violation occurs. If this ordinance is given final passage, staff will establish criteria for exceptions to the noise ordinance between now and the time the ordinance goes into effect. Council should also adopt a resolution establishing fees regarding noise exceptions processing costs. Roger Picquet, City Attorney, stated that the noise exceptions would be designed as administrative guidelines and not a part of the ordinance. This enables more flexibility in finetuning the guidelines later or making ' substantial revisions depending on need. Councilman Griffin would like to see the noise exceptions criteria come back to Council for review. Mayor Billig declared the public hearing open. Harry Poor, 92 Mariposa and ex- police officer, stated that his senior project was to work on the noise ordinance, and he commended the Council on tackling this project. He was concerned with the guidelines in which this ordinance will be enforced. He was concerned with the sensitive areas of the city i.e. fraternities, sororities, in that he feels these guidelines will be set aside for special enforcement of these sensitive areas. If this were to occur, the Council could end up in litigation with a great deal of time and money spent in trying to enforce in these sensitive areas. He would urge the Council to make the guidelines more definitive. Dave Anderson, Cal Poly student, felt that the ordinance might be a tool used by the Police to crack down on "TGIF's" and did not feel it was appropriate in a college town. He too was concerned that the guidelines would be set aside when college students were dealt with. He stated that college students make up one -half of the population and the majority of revenue in this city. Lars Perner, Cal Poly student and living at 2315 Bayview Heights in Los Osos, stated that as San Luis Obispo is a college town it wasn't fair for other persons to move in and complain about noise created by students. Dave Anderson, Cal Poly student, added that students do have respect for other people, are responsible, caring individuals and are not here to disturb people. Linda Eberl, 2303 #A South Broad Street, stated that the students feel the ordinance is directed at them. She would urge the Council to keep in mind that the students are not comfortable with the ordinance. Mayor Billig declared the public hearing closed. City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 4 After discussion and on motion of Councilwoman Dove y, seconded by Councilman Settle, to give final passage to Ordinance No. 1032 amending the noise regulations as recommended. Motion passed unanimously (5 -0). On motion of Councilwoman Dovey, seconded by Councilman Settle, Resolution No. 5614 (1984 Series), a resolution of the Council of the City of San Luis Obispo be adopted establishing fees as recommended. Resolution adopted on a 4 -1 vote, Councilman Dunin voting no. On motion of Councilman Griffin, seconded by Councilman Dunin, to direct staff to bring back proposed exception criteria to Council before effective date of ordinance and refer the operational directives to Council for information. Motion passed unanimously (5 -0). 8:50 p.m. Mayor Billie declared a recess. 9:05 p.m. City Council reconvened, all Councilmembers present. 4. SUBDIVISION APPROVAL - MS 84 -294 (File #411) Council held a public hearing to consider a recommendation by the Community Development Director to approve the tentative map for Minor Subdivision No. 84 -294 creating two lots located at 1041 Fletcher Street; Marti Novoa, subdivider. Toby Ross, Community Development Director, briefly reviewed the Council agenda report stating that the recommended action was for Council to concur with the Community Development Director's determination of a negative declaration and approve the tentative map subject to findings, exceptions and conditions as noted in the resolution. Mayor Billig declared the public hearing open. John French, 1160 Marsh and representing Cuesta Valley Properties,:, questioned the ultimate development plans along Fletcher Street asithere was a significant grade separation at this property. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dove y, seconded by Councilman Dunin, Resolution No. 5616 (1984 Series), a resolution of the Council of the City of San Luis Obispo be adopted approving tentative map for MS 84 -294 as recommended. Resolution adopted unanimously (5 -0). 5. JOHNSON AVENUE REZONING (File #463) Council held a public hearing to consider final passage of Ordinance No. 1031, an ordinance rezoning property at 2306 Johnson Avenue from low- density residential (R -1) to office with a planned development (0 -PD) to develop a medical office complex on approximately 3.9 acres; James Harrison, applicant (Continued from 12 -4 -84, 12 -18 -84 and 1- 15 -85). Toby Ross, Community Development Director, briefly reviewed the agenda report stating the recommended action was that Council give final passage to Ordinance No. 1031, which approved a negative declaration of environmental impact and approves the rezoning from R -1 to 0 -PD with findings and conditions essentially as recommended by the Planning Commission, including a requirement that the final development plan be approved by the Council. Mayor Billig declared the public hearing open. MaryBeth Schroeder, 2085 Wilding Lane, read a letter into the record signed by 28 residents living in the Johnson Avenue area opposing the rezoning and office complex. Keith Gurnee, representing the applicant, felt that the arguments pro and con had been aired and the arguments in favor of the project presented. He stated that both the Planning Commission and City Administrative Officer were recommending approval and reiterated that the project was consistent with the Land Use Element and the best land use for this site. He urged Council to give final passage to the ordinance tonight. 1 1 1 City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 5 John Mottman, 1865 Wilding Lane, spoke against the proposed action. He stated it should be left as R -1 and urged Council to show their concern for the people who live in this area. Enrico Bongio, 2075 Sierra Way, spoke against the project and, that in his opinion, no more office zones were needed, especially one with retail sales of medical supplies. He urged Council's denial. Gary Simms, 1625 Sidney Street, spoke against the zoning change and making Bishop Street into a thoroughfare. He felt there was already a lot of noise and heavy traffic on Johnson, and this project would only be planting a seed to start more non - residential development in this area. He also urged Council's denial. Mary Rhodes, 2000 Fixlini and member of the Consumers Advisory Committee for 7 years, spoke in favor of the project stating that the County General Hospital should survive as a viable hospital, and it was the only non - profit hospital in the county. She felt that the Consumers Advisory Committee had devoted a great deal of time working and understanding the health delivery system in this county and felt more was needed. She would strongly recommended that this development be approved. Dr. Robin Rowland, 1570 Descanso, County Health Agency Director and General Hospital Administrator, felt the project would benefit the county hospital. General Hospital is in the position of having to compete with a variety of alternate systems and office complexes, and the hospital needs every competitive advantage it can get. Councilman Griffin questioned Dr. Rowland if, in his opinion, the project would have an effect on the recent interest in the master planning of the county's hospital property. Mr. Rowland stated that Mr. Hysen's letter of January 31 addressed the master planning issue. He had encouraged the process to go forward in ways to support General Hospital and its purpose. Councilman Settle questioned Dr. Rowland if there was a sufficient market of physicians in the area to fill this facility and was this the type of project that would stimulate the county to rennovate the hospital. Mr. Rowand responded.that office space is not abundant in San Luis Obispo and what is available is too expensive or in a less than desirable area. In his opinion there would be no problem filling the facility. He stated that the County had made a commitment to make General Hospital better. Don Smith, Vista del Lago, stated that this issue should be put before the people on the ballot to allow the voters to vote on this controversial issue. Art Jack, a member of the Consumer Advisory Committee, felt that this issue should not be politicized. He agreed with Dr. Rowland with respect to health care having become competitive. He felt the project would be of county -wide benefit to the community. Keith Gurnee made a few closing remarks and urged the Council to reconfirm their earlier decision and accept the recommendation: Don Smith again stated that this issue should be put to the vote of the people. MaryBeth Shroeder agreed with Don Smith that this should be put to the vote of the people. Mayor Billig closed the public hearing. Dr. Jim Harrison, one of the applicants, felt there was a need for this type of service. He felt that physicians would be hurt if not allowed to expand their profession. This was a timely venture and, in his opinion, without expenditure of the county, that this puts them in the best position to have some advantages from the medical community at virtually no cost to the County. Keith Gurnee made a few closing remarks and urged the Council to reconfirm their earlier decision and accept the recommendation: Don Smith again stated that this issue should be put to the vote of the people. MaryBeth Shroeder agreed with Don Smith that this should be put to the vote of the people. Mayor Billig closed the public hearing. City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 6 Councilman Griffin stated it would be easy for him to vote against the rezoning merely on the question of saving R -1 land but his primary concern was to balance the factors regarding appropriate land use. He hoped the County would do some master planning soon. Councilwoman Dovey stated she still had not heard any new information to change her position and would continue to support denial of the requested rezoning. She didn't agree that this project would necessarily benefit the hospital and that supporting the hospital was the wrong reason for ' supporting the project. She believed in the vote of the people but, in her opinion, felt that a vote would not be an accurate reflection of the full community. Those people who were strongly in favor of the county hospital would vote for it, and others would not care either way if it didn't affect them personally. Councilman Settle felt that if this issue went to the ballot, it would very likely become a referendum on the county General Hospital, rather than on the particular project. He felt there was a demand for medical services and hospital services and would, therefore, support the project. Councilman Dunin felt that the county hospital was beneficial to the city and county and that the health,services and delivery system were important because the hospital is a non - profit organization. He agreed with Councilman Griffin's comments regarding the master planning of the property. He stated that he was usually very protective of R -1 zones but sometimes sacrifices have to be made for the good of the rest of the community. He would support the project. Mayor BilliZ stated that this was a land use issue, although she, too, was concerned with the viability of the General Hospital. She could not make the findings to support the rezoning. She felt it was not just a question of city /county relations, but strictly a question of land use and the city working with a private developer. She supported residential use over office use in this area. She felt this decision was precedent setting and would, therefore, not support the rezoning. After brief discussion and motion of Councilman Griffin, seconded by Councilman Dunin, to give final passage to Ordinance No. 1031, rezoning 2306 Johnson Avenue from R -1 to 0 -PD as recommended. Motion passed on a 3 -2 vote, Councilwoman Dovey and Mayor Billig voting no. 6. AFFORDABLE HOUSING POLICY (File #425) Council held a public hearing to consider an ordinance establishing policies and procedures for affordable housing incentives as required by state law (continued from 8 -7 -84, 8 -21 -84 and 10- 9 -84). Toby Ross, Community Development Director, briefly reviewed the agenda report stating the recommended action was for Council to introduce ordinance to print which approves a negative declaration of environmental impact and provides density bonuses of 25 to 50 percent above densities allowed by zoning for projects with housing affordable to low- and moderate- income residents. Council should also direct staff to prepare a recommendation before January 1986 concerning recent state law changes for senior housing bonuses. He stated that the kind of project that the density bonuses would affect most would be a rental apartment project. This kind of project is on a single parcel so there is no subdivision, and it would provide an opportunity for additional units in excess of the zoning allowance, subject to affordability criteria and meeting all other ■ standards. Mayor Billig declared the public hearing open. Rob Strong, The Planning Mill, felt that the present housing element encouraged affordable housing, and this was an experimental attempt by the city to convert this support into something concrete. He agreed with Mr. Ross's analysis that the density bonuses would probably not have a significant impact as they don't apply to areas currently outside the city or specific plan areas that would have to go through the development review process. He felt it was a needed incentive and urged the city to encourage more affordable housing. City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 7 Bruce Fraser, Merriam - Fraser, stated that in a few weeks he would be before the Council with the Rougeot project, and felt they would be able to conform under existing state guidelines through a developer agreement. Don Smith, Vista del Lago, questioned if the city already had the 25% planned development bonus and if so, why should there be another 50% allowed on top of that. In his opinion this would only apply to annexations setting a bad precedent. Mayor Billie declared the public hearing closed. After discussion and on motion of Councilwoman Dove v, seconded by Councilman Griffin, Ordinance No. 1035 (1984 Series), an ordinance of the Council of the City of San Luis Obispo be introduced to print as amended to delete references to 50% bonuses as follows: Under Section 17.90.030 Standard Incentives for Housing Projects, delete item C, which reads, "When a developer agrees to construct more than 25 percent of the units otherwise allowable under the Zoning Regulations for persons or families of low or moderate income, the Director shall grant the developer, upon the developer's request, a density bonus, the effect of which shall be to allow each such additional unit affordable to such households up to a maximum increase of 50 percent over the density otherwise allowed by the Zoning Regulations." Under same section delete item E, which reads, "When a developer agrees to construct more than 10 percent of the units otherwise allowable under the Zoning Regulations for lower income households, the Director shall grant the developer, upon the developer's request, a density bonus equivalent to double the combined density values of such additional units affordable to such households, up to a maximum increase of 50 percent over the density otherwise allowed by the Zoning Regulations." Under Section 17.90.050 entitled Alternative or Additional Incentives, item B, add statement before #1 to read, "A density bonus in excess of that provided in Section 17.90.030;" Ordinance introduced to print unanimously (5 -0). 11:40 p.m. Mayor Billig declared a recess. 11:45 p.m. City Council reconvened, all Councilmembers present. 7. STRATEGIC PLANNING (File #468) Toby Ross gave a brief overview of the Ad -hoc Technical Committee's recommendation on strategic planning program stating that the committee's recommendation was to direct staff to proceed with the five related programs in a manor consistent with the statement: (1) Development of Monterey Street property; (2) financing public improvements related to the San Luis Obispo mall; (3) the Capital Facilities Program; (4) property management; and (5) the Water Management Plan. Paul Lansper , Administrative Officer, thanked the ad -hoc committee for their work in reviewing the 300+ page technical report. The committee and staff were recommending five specific programs because they believed there had to be some action on the strategic planning program. Mayor Billie asked for public comment. John French, 1160 Marsh Street, stated that the process of strategic planning was valuable and hoped the city would continue with it. Upon general consensus, the report was received and filed. After brief discussion and on motion of Councilman Griffin, seconded by Councilman Settle, to direct staff to prepare a program statement that restates the four major goals; specifies near -term objectives under each goal; outlines • development implementation plan (with broad timetables); and establishes • monitoring /reassessment system as a function of the on -going process of strategic planning as suggested by Councilman Griffin. Notion passed unanimously (5 -0). City Council Minutes - Tuesday, February 5, 1985 - 7:00 p.m. Page 8 8. REQUEST FOR EXCEPTION - GROWTH MANAGEMENT REGULATIONS (File #410 -1213) Council considered a request for an exception to the Growth Management Regulations for a 36 -unit student housing project located at 1185 Foothill Blvd.; Farbstein and Associates, applicant. Toby Ross, Community Development Director, briefly reviewed the agenda report stating the recommended action was for Council to adopt a resolution which finds that the exception is categorically exempt from environmental review and which approves the exception with findings as provided in the regulations. Mayor Billig asked for public comment. Jay Farbstein, applicant, stated that there is a need for student housing, and they would like to proceed with constuction as soon as possible. He urged Council's approval. Don Smith, Vista del Lago, stated he was concerned about the Growth Management Plan and how it's implemented. He didn't feel that student housing should be given priority and urged Council not to give an exception. Fred Annino, applicant, was concerned about the economic impact if there was a delay on construction of the project. He too urged Council's- approval. Mayor Billig closed public portion. After discussion and on motion of Councilman Dunin, seconded by Councilman Griffin. Resolution No. 5616 (1985 Series), a resolution of the Council of the City of San Luis Obispo be adopted approving exception to the growth management regulations as recommended. Resolution passed on a 4 -1 vote, Mayor Billig voting no. Mayor Billig felt that the Growth Management Regulations must be adhered to to be effective and it was not fair to others with projects pending to excuse this one. Upon general consensus staff was directed to reevaluate policy with regard to exempting student housing and report back to Council as soon as possible (4 -1, Councilman Dunin no). C O M M U N I C A T I O N S C -1 Staff authorized to submit application for participation in ICMA's local enterprise development program (5 -0). C -2 Advisory Body Banquet set for Thursday, March 21, 1985 (5 -0). C -3 Council agreed to reinterview all advisory body reappointments for a particular committee or none at all (5 -0). There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 12:40 a.m. to Monday, February 11, 1985, at 12:10 p.m. APPROVED BY COUNCIL: 3 -19 -85 Respectfully submitted, Sharon Turner, R cording Secretary Pa t ela Voges, Citt Clerk 1 1