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,
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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.
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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
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