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Home My WebLink About10/03/198922 City Council Minutes Page 2 Tuesday, October 3, 1989 - 7:00 p.m. expressed concerns about proposed litigation against Cal Poly and Cuesta to limit student growth. ----------------------------------------------------------------------------- CONSENT AGENDA Moved by Settle /Raona (5 -0) to approve the Consent Calendar as recommended by the City Administrative Officer. C -1 COUNCIL MINUTES The following minutes were approved (5 -0) as amended: Friday, September 8, 1989; at 8:00 A.M. Sunday,-September 19, 1989, at 11:00 A.M. Monday, September 11, 1989, at 12:10 P.M. Monday, September 18, 1989, at 12:10 P.M. C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved (5 -0) and ordered paid as recommended. C -3 BICYCLE AND PEDESTRIAN PATH IMPROVEMENT PROJECT ' Consideration of approving plans and specifications for "Sinsheimer Park Trail Improvements," City Plan No. N -07Y; engineer's estimate $65,000.00 without contingencies ($30,000 to be covered by state grant) and authorizing staff to advertise for bids. Resolution No. 6697 adopted (5 -0) approving plans and specs for trail improvement project, staff authorized to advertise for bids, and CAO authorized to award bid if within engineer's estimate as recommended. C -4 GRANT FOR SLO SWIM CENTER (File No. 153) Consideration of a resolution authorizing application for grant under Roberti - Z'berg- Harris open space and recreation program to construct therapeutic pool and domestic solar heating at SLO Swim Center. Resolution No. 6698 (5 -0) adopted authorizing application for grant to construct therapeutic pool and domestic solar heating at SLO Swim Center as recommended. ----------------------------------------------------------------------- - - ---- ADVISORY BODY APPOINTMENT A. HOUSING AUTHORITY (File No. 121) Mayor Dunin reported on recommendation for appointment to the Housing Authority to fill an unexpired term ending 3/31/91. ' Moved by Dunin /Settle (5 -0) to appoint Jamie Daniel as a tenant commissioner to 23 City Council Minutes Page 3 Tuesday, October 3, 1989 - 7:00 p.m. the Housin g Authority i y to fill an unexpired term ending 3/31/89 as recommended. ----------------------------------------------------------------------------- PUBLIC HEARINGS 1. RESIDENTIAL RENTAL REGULATIONS (File No. 463) Council continued its public hearing to consider amending the zoning code regulating multiple occupant housing in the R -1 and R -2 zones of the city (continued from 4/18/89, 8/1/89 and 9/19/89). Mayor Dunin stepped down due to a possible conflict of interest; Vice -Mayor Pinard presiding. Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that Council 1) concur with the negative declaration on environmental impact, and 2) introduce an ordinance adding Section 17.93 and Section 17.04.075, and amending Section 17.22 of the Zoning Code and 5.04.230 of the Municipal Code relative to regulating commercial residential rental use. He then presented a summary of the proposed ordinance changes and summarized those by the Student - Community Liaison Committee as well as those submitted by Quality Neighborhoods group. Vice -Mayor Pinard declared the public hearing open. GlennaDeane Dovev, representing twenty plus neighborhoods, urged support of the revised ordinance that had been submitted. Richard Echevarria, 132 California Blvd., representing ASI, spoke against the passage of the ordinance, felt the students needed additional time and that it was too restrictive. Tim Farrell, San Luis Drive, opposed the proposed ordinance, submitting a letter highlighting his concerns. He specifically felt that the business license requirement was overly restrictive. Gary Kunkel, 571 Cuesta Drive, submitted additional proposals, asking for a delay of the ordinance to provide ample review time. Katherine Reed, 250 Ferrini Drive, supported the proposed ordinance. Greer Beksel, felt additional housing needed to be provided for the students and could not support the current proposed ordinance. Richie Ray Walker supported the ordinance, felt a cap was needed on enrollment at Cal Poly and Cuesta. Mary Beth Schroeder, 2085 Wilding Lane, supported the ordinance. Cal Poly student, 333 Elks Lane, felt the problems were result of lack of available housing and not fault of students. 24 City Council Minutes Page 4 Tuesday, October 3, 1989 - 7:00 P.M. ; Gary Fowler, 777 Mill Street, thought the ordinance would be unconstitutional, would support a blue ribbon committee, but felt this ordinance was too restrictive. Tim Robinson, 2350 Lawton Drive, member of the Jeffersonian Foundation, opposed the ordinance. James Seve, 5415 Edna Road, on behalf of his parents (Royal Way) opposed the ordinance. Mathew Brisbee, student, opposed the ordinance. Frances Thomas, 219 Chorro, opposed the ordinance. Claude Forsyth, Oceanaire Drive, supported the ordinance, stating concern about students` behavior. Brian Linnear, Mill Street, spoke in support of the students and against the ordinance. oaral O'Del, Los Osos Valley Road, supported the students and not the ordinance. Steve Rover, 67 Chorro Street, felt the city needed to provide better enforcement ' of its current regulations, particularly at the extra units some houses (garage conversions). Christine Nielson, 226 St., opposed the ordinance. Student, 219 Longview, felt the ordinance was unconstitutional. Allyson Kelly, 220 Hathway, said the ordinance was discriminatory. Terry Alberstein, representing students, felt the ordinance should apply to both renters and owner occupied housing, and that all Councilmembers should be present during Student - Community Liaison Committee meetings. Lavern Schneider, 1356 Marsh Street, supported the ordinance. William Knight opposed the ordinance. Christina Dills felt that this would limit access to a higher education and would not solve the problem of unacceptable behavior by students. Roy Hanff, 569 Lawrence Drive, supported the ordinance. Brett Cross, 1217 Mariners Cove, felt the ordinance was not adequate. Crain Goten, 1807 Abbot, was concerned about alternative housing for the displaced students. 25 City Council Minutes Page 5 Tuesday, October 3, 1989 - 7:00 p.m. Julie Hatcher, 3259 Via Esteban agreed that a o r , g solution was necessary, but opposed this ordinance. Terry Adler, 1111 Stanton Drive, felt the ordinance would result in limiting education opportunities. Ms. Dale , 270 Bonita, thought the ordinance discriminatory. Chris Romero, Cerro Romauldo, Gamma Phi Fraternity, opposed the ordinance. Ron Bearce supported students who spoke, and opposed the ordinance. Scott Baxle spoke against the ordinance. Amy Arcenio felt that this problem was Cal Poly's, the students, and the City's, urged adoption of the ordinance, hoping it could be fine tuned later. 9:15 P.M. Vice -Mayor Pinard declared a recess; 9:40 P.M. City Council reconvened, Mayor Dunin having stepped down on this item. Steve Hawley spoke against the ordinance, noting the hardships it would place on students. , 428 North Chorro, supported the efforts by Councilman Settle. Jens Wessel, Foothill Boulevard, urged students and city staff to work together on a cooperative effort to resolve the concerns. David Brody, 873 Chorro Street, supported the proposed ordinance. Mayor Pro Tem Pinard closed the public portion of the meeting. After discussion, moved by Rapp /Settle (5 -0) to continue the rest of the agenda items 2 through 5 to date certain Monday, October 9, at 4:00 p.m. Motion carried unanimously. Councilman Reiss stated he was not prepared to make a decision this evening on the ordinance, and wanted additional time to digest the information provided. Councilman Settle felt that he could support the ordinance, the administrative use permit requirement, and that it was necessary to protect the R -1 neighborhoods and urged that sufficient enforcement be available. He then moved that staff be directed to draft a resolution declaring that an emergency exists for housing in the community and urged Cal Poly and Cuesta's help for augmenting it. Motion failed for lack of a second. ' After considerable discussion, moved by Settle /Rappa (3 -1 -1), Councilman Reiss voting no, Mayor Dunin absent) to give conceptual approval to the revised City Z6 Council Minutes Page 6 Tuesday, October 3, 1989 - 7:00 p.m. commercial residential use regulations, based on staff's recommendations and including: - applicability to rentals only; - applicability to 6 or more adults; -300 square feet per person less aarace; -no maximum parking coverage limitations. Motion carried. 11:30 P.M., there being no further business to come before the City Council, Vice -Mayor Pinard adjourned the meeting to Monday, October 9, 1989 at 4:00 p.m. APPROVED BY COUNCIL: 11/14/89 PV:nlo ----------------------- - - - - -- ROLL CALL Councilmembers Present: Absent: City Staff P Vogee, bit Clerk -------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL MONDAY, OCTOBER 9, 1989 - 4:00 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry Reiss, Allen R. Settle and Mayor Ron Dunin None Present: John Dunn, City Administrative Officer; Pam Voges,City Clerk; Wayne Peterson, City Engineer; Randy Rossi, Interim Community Development Director; Mike Dolder, Fire Chief; Dave Romero, Public Works Director; Roger Picquet, Legal Advisor PUBLIC COMME Councilman Reiss moved to give Mayor Ron Dunin a vote of confidence for his position in stepping down on the recent Residential Commercial Housing Regulations. Councilwoman Pinard stated she didn't feel a motion was necessary, but she supported the action. Councilwoman Rapna agreed. 1 1 1