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HomeMy WebLinkAbout01/15/1980City Council Minutes January 15, 1980 - 4:00 pm Page 2 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Rick Floyd was appointed to fill the vacancy on the Board of Directors of the BIA for the term expiring December 30, 1980. Motion carried. 1. The City Council again reviewed the request of Yellow Cab for an increase of taxi fares. Lee Walton, CAO, suggested that the City Council allow the rates to fluctuate which would allow competition to come into the city and that the city's responsibility only should be to check on the safety of the vehicles and the character of the drivers. Rudy Muravez, Director of Finance, stated that he had reviewed the financial statements submitted by the yellow cab company and stated that while the statements seemed to be trustworthy, it is virtually impossible to draw any conclusion from the data as presented. He stated that he had contacted the operator of the cab company who informed him that additional data was forthcoming in the form of balance sheets, work papers and revised projections. After this data arrived and a reasonable time had been applied to analyses, he felt he would be able to present the council with some conclusions. Some of the basic questions which should be addressed are: 1) How do the cab company expense allocations relate to the operation of the San Luis Trans- portation Company; 2) Are the expenses reasonable for the level of operations; 3) what is the capitalization of the taxi operation; 4) what is the return on investments. Rudy Muravez conclused in stating that at this point, he had only enough information presented to ask questions and not be able to provide the council with any answers. Arthur Jay Shaw, attorney representing the Yellow Cab Company, stated that ' he had submitted some additional information to the Finance Department for analysis stating that the statements had been prepared by an accountant for the company. He stated that the statement shows that the company is currently losing approximately $1,400 per month and that it is expected to just do a little bit better than break even in the first month with the requested 50% rate increase. He stated that of course the company is willing to discuss with the council the concerns relating to group or share ride operations and to work out any rate changes that would be fair to the city residents and the taxi company. He apologized for not having the documentation prepared sooner but the accountant did not work on Saturday to dig out the information. Pat Linnington, San Luis Transportation Company, operator of Yellow Cab, felt that all the information that had available has been given to the city and he felt he could allow the city more time if they wished to analyze the rates requested. Councilman Dunin stated that he objected to receiving complex financial information and recommendations just prior to the meeting. He felt it was unfair to the council to be expected to make a decision without having had time to study the matter or review with the applicant or with city staff. Although he agreed that some rate increase was justified, he was just not prepared to say how much. Councilwoman Billig agreed stating that the information received by the council was received too late to really allow them to make any analysis of the information. Further, that without adequate preparation, she could not make a decision. _Councilman Jorgensen agreed that the information received on the financial activities of the cab company were too late for council decision. He continued that prior to a rate increase, the San Luis Transportation Company Yellow Cab operation should include a requirement that the operators procure a use permit for their existing operation and location at Carmel and Higuera Street. City Council Minutes January 15, 1980 - 4:00 p.m. Page 3 Mayor Cooper stated he too agreed that some rate increase was necessary but "how much" was the question to be fair to both the public and to the cab company. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that the matter be continued for further staff input and recommendation with no rate increase to be effective until the present operation has been approved by a use permit.. The understanding that the increase would not be effective until the applicant has applied for use permit with all conditions of the use permit been complied. Motion carried. All Ayes. Councilman Bond absent. 2. At this time, the City Council considered amendments to the resource deficiency ordinance, No. 604 -a. Henry Engen, Community Development Director, reviewed for the City Council what was involved in the comprehensive revision to the city's resource deficiency ordinance. He stated the city's present deficiency ordinance requires projects which are proposed to be built in the areas of the city which are found to'have resource deficiencies such as inadequate water and sewer systems, whether on -site or off -site, to go through a series of public hearings before the Planning Commission and Council prior to concerting the projects themselves. Consistent with the Council's directive to attempt to streamline various procedures of the city without adversely affecting the intent of the ordinances, he stated his staff had prepared a draft re -write of the so- called 604 -A Deficiency Ordinance. He stated that the comprehensive re -write had been worked out with the assistance of the City Attorney and differs from the existing the ordinance primarily as follows: 1. It has been completely reorganized.to provide for greater clarity of both purpose and process. 2. Level one deficiencies are limited to water and sewer deficiencies and will still require public hearings as part of the consideration of the project in question. Such control of a resource deficiency would be deleted from this ordinance in that it is covered by recent ordinance actions of the council. 3. Hearings would be combined with the consideration of the project itself. In the case of projects which simply require a building permit but which are nonetheless resource deficiency projects, they would be forwarded to the council as a hearing matter as a level one project prior to the granting of the building permit. Determinations would be final with the effective decision - making body except where - mitigating measures recommended are required by the decision - making body,.-either the Community-Development Director, Planning Commission, Architecutural Review Commission would have CIP implications. In such cases, they would be forwarded to the City Council for final action. Henry Engen recommended afte review.that the matter be set for public hearing. Councilman Jorgensen stated that the re -write of the 604 -A-Ordinance was well written, was easier to understand, and he also approved of having this deficiency considered prior to the action of the project itself. He would support the amended regulations. Councilwoman Billig stated she agreed with the 604 -A decision prior to project approval. She felt that the resource data must be updated for council consideration. She also felt more concern should be at Level two. She felt there should such as schools, recreational areas, in the mitigating measures. She felt school board directors. given on air quality rather than be more concern on Level two deficiencies parks, etc., which should be included that this should be coordinated with Councilman Dunin agreed that flood control matters should be considered as a level of deficiency. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the matter of the revised deficiency ordinance was set for public hearing on February 5, 1980. City Council Minutes January 15, 1980 - 4:00 p.m. Page 4 3. Consideration of staff report on Van - Pooling and Dial -A -Ride services. Lee Walton, City Administrative Officer, reviewed the report prepared by Mr. Geoff Grote on the subject and reviewed the various options open to the city which included continuing to depend on existing services despite complaints, additional funds to Grass Roots II to continue their van operation or the city might choose to operate a van service of its own, and other alternatives, such as contracting with the present transportation company ' to institute van services. He also reviewed sources of state funds and city funds that could be made available for this service and federal funds that might be available for van services. He concluded by stating that should the council decide that it was financially unfeasible for the city to purchase the van at this time, the council may wish to consider a city- sponsored employee van pool using a leased van. The State of California has entered into a master contract with Van -Pool of Los Angeles. The purpose of the contract is to provide vans for those employees wishing to organize van pools among their fellow employees for the purpose of trans- porting them to and from work. The contract provides for a 15 passenger Chrysler van for. a lease price $377 per month including insurance plus a charge of 4e, per mile. These costs are then divided among those employees using the van pool. The cost to each employee using the van pool would be in excess of $35 per month assuming that they could 15 employees to sign in. The fewer people participating, the higher the cost would be per person. Finally, if the council feels that any van service is worthwhile, he recommended that the staff be allowed to pursue option 3, which would enable the city to achieve at least a modest van pool /dial -a -ride service. His opinion was that this would be both worthwhile and possible, and recommended this despite the fact he could not guarantee absolutely that the city would not be sued by various handicapped groups about the non - handicapped equipment on each vehicle. However, this service would be in addition to a variety of transportation service availabe in the city, some of which provide transportation for people confined to motorized wheel- chairs. Because he felt the system was both workable and worthwhile, he urged the council not to allow special interest groups who may be dissatisfied with this proposal and want to destroy this project, at least not at this point. He recommended that the City Council authorize the staff to pursue option 3 as follows: 1. Continue to pursue any possible State funding which might be available (including discretionary funds of the"State Transit System program). 2. Conduct a survey of all city employees to determine their interest, if any, in a van pool and use this information to determine possible van pool routes. 3. Contact local automobile dealers to get a more accurate estimate of the cost and availability of a suitable van. 4. Continue to work with the senior citizens organization to determine their ability to deliver the services they have indicated an interest in providing. 5. Authorize filing of application for two CETA driver positions. Walt Lambert, chairperson of the Human Relations Commission, submitted a letter to the council stating that the executive commitee of the Human Relations Commission had read the report being considered and is quite supportive of the need for improved alternative transportation services for persons with specialized need. This need was prioritized in the human needs assessment which the commission uses daily as a reference. He continued that he urged the council to consider calling all providers of specialized van transportation together to see if a coordination of existing problems could be arranged. HRC suggested this alternative first before the funding of additional services is considered. The HRC could facilitate such a meeting if the City Council so desired. HRC would then report the progress, if any, to the council. Geoff Grote stated that HRC's proposal seemed like a good one. In fact, it was the approach that he originally used when he started to research the possible alternatives and program. However, he stated he soon discovered 1 City Council Minutes January 15, 1980 - 4:00 p.m. Page 5 that these van programs are run by widely different groups and almost all are run as a proprietary kind of operation with very definite target populations. For example, Head Start uses vans to transport their children to and from various Head Start programs. RSVP uses vans to transport their members to scheduled events held by the RSVP organization. He continued he found no evidence to lead him to believe that these organizations were willing or would even much benefit from combining somehow to provide any kind of dial -a -ride ' service to the target population, that is city employees and seniors. Therefore, based on his previous contacts, he suggested there is very little to be gained by calling all these organizations together at this time, whether under HRC's auspices or any other agency. However, there is an enormous amount of time that could be lost while these diverse groups are brought together in order to attempt some kind of coordination and expansion of these services. Pat Linington, San Luis Transportation Company, warned the council to be very careful with getting into a dial -a- ride /van -pool service as it is a very expensive program. He felt that his cab company could provide a better service than a dial =a -ride program. He stated the Morro Bay and Atascadero dial -a -ride are costing up to $3.000 per passenger. He felt this was too expensive for the city to operate. Lee Walton, CAO, stated that the staff would welcome a proposal from San Luis Transportation for study and comparative purposes. Councilman Jorgensen stated that he would support a van pool concept for employees and then use the van for seniors during the 8 -to -5 period, in order to have the vans put to full use and full use to the public who need the service. He also felt further study should be made of wheelchair and full - handicapped persons in a transit study. Art Jack would support a full study of alternative transportation service such as van pooling, dial -a -ride, taxicabs, etc. He felt that cab rates for handicapped made their use prohibited. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the recommendation of the staff was accepted and they were to proceed with their studies. Motion carried. All ayes. Councilman Bond absent. 4. Progress Report on Pigeon problems and alternatives for controls. Geoff Grote, assistant report as no census of not be completed until city and Cal Poly were for the program. Also February 15. City Attorney, stated that they had no progress the pigeon population had been.completed and would the middle of February. Although he said the cooperating on the procuring of chemcials necessary an environmental report would be prepared by On motion of Councilman Dunin, seconded by Councilwoman Billig, that the matter be continued for further information and possible public hearing at the second meeting in February. 5. The City Council considered a staff report and procedure for final approval and acceptance of improvements in tracts, minor subdivisions, use permits, etc. Councilwoman Billig stated that she felt that this was a step in the right direction. She felt the form prepared was good and should be completed. Further, she felt the City Council and Planning Commission must know that their conditions are being met on a tract +r) - tract, developments y- development basis. Lee Walton, CAO, reviewed the staff reports prepared by J. Fitzpatrick, City ' Clerk, Wayne Peterson, City Engineer, and David Romero, Director of Public Services, and recommended that if the City Council had no serious objections that the matter should be referred back to the staff to get the various proposals in order to get a handle on these final acceptances. Councilwoman Billig stated that she felt that this was a step in the right direction. She felt the form prepared was good and should be completed. Further, she felt the City Council and Planning Commission must know that their conditions are being met on a tract +r) - tract, developments y- development basis. City Council Minutes January 15, 1980 - 4:00 p.m. Page 6 Councilman Jorgensen stated he would support the proposal, felt the checklist format would be very acceptable but wanted the checklist to be field check, not done in the office. He also wished that no waivers of conditions set by council, Planning Commission or Architectural Review Commission be waived by a staff member without notation on the final approval form of this activity. Councilman Jorgensen also suggested that the city follow the City of Davis's ' method of placing all conditions for development on the final map so that there will be no question about what the City Council wished done. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that the City Council accept the recommendation of the CAO to find and approve the proposals as submitted and also to look into the possibility of placing Council, ARC, and Planning Commission conditions on the final map. Motion carried. All Ayes. Councilman Bond absent. At this time, Mr. Frank Exther stated he wished to speak on Item 2 that had been previously considered stating that as he had been the chairman of the Citizens' Committee who prepared Ordinance 604 -A, he felt that the City Council should ask the citizens on that committee for comments on any proposed amendments. Henry Engen apologized to the council and stated that he did not know there had been a Citizens' Committee working on the 604 -A Ordinance and that he would be most happy to send Mr. Exther a copy of the proposed changes and the original ordinance. The Council thanked Mr. Engen for his comments and also thanked Mr. Exther for appearing before the council. 6. City Council considered a recommendation from the Planning Commission on ways to streamline development processing within the City. Henry Engen, Community Development Director, stated that the Planning Commission had been studying opportunities for streamlining development review processes in the city over the course of several commission meetings, and stated that the Planning Commission meeting of December 19, 1980, the commission recommended that existing ordinances be amended to provide for the delegation of the following determinations to city staff: 1. Use permits 2. Use permits 3. Precise planned developments 4. Minor subdivisions - final maps The Planning Commission also recommended that the staff determination on these matters would be appealable without fee to the Planning Commission whose determination would be final. He then briefly reviewed some of the past practices in these particular areas. Councilman Jorgensen felt that due to the implications of the proposal made by the Planning Commission, the City Council should spend some time studying this proposal due to the magnitude of the changes being considered. City Council members agreed. The matter was continued for a further study session. 7. City Council considered a request of the Planning Commission that they be granted compensation for actions as Planning Commissioners. Henry Engen, Community Development Director, reported that at the December 19th meeting, the Planning Commission requested that the city consider giving some type of compensation for expenses incurred as part of their duties as Planning Commission members. The commission noted that for tax purposes, in order to claim legitimate expenses, they are technically required to receive some sort of reimbursement. City Council Minutes January 15, 1980 - 4:00 p.m. Page 7 Henry Engen. continued .that:the.commission.'s -" compensation ".has.historically been.simply_. quarterly. dinner- .meetings..which,.not. infrequently, were combined with some form -of- study. session. He.stated.that.in checking -with other cities and counties to see what their practice.was, some cities.grant $1 per meeting ..attended,.which.would.have been $42 for. -a planning commission of the city with a perfect attendance record.per..commissioner.... The .County of.San.Luis.Obispo.paid $50 per..diem_ compensation and- .their.meetings run 7 to 8 hours.at least.twice.a month. The City Council discussed briefly the request of.the Planning Commission with no commitment..but. accepted the City.Administrative_Officer's recommendation that.the city staff.make.a_study.of..this request, but also include not-only the planning commission,•.but.other major city commissions /committees /boards.. There being_no. further. business. to :come.before_the'City.Council, Mayor Cooper adjourned.the.meeting'at 6:00 p:m.'to 7:30.p.m. January 15, 1980. APPROVED BY.COUNCIL ON: 3/18/80 , .4A. .'Fitzpatrick, City Clerk ---------------------------------------------------=------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 159 1980 -.7:30 P.M. COUNCIL -CHAMBERS,:CITY HALL, 990:PALM STREET Pledge Invocation by Reverend Fred Fields, Director of Drug Abuse .Center Roll Call Councilmembers PRESENT: Melanie Billig, Ron Dunin, Jeff.Jorgensen and Mayor Lynn R. Cooper ABSENT— Alan Bond , City Staff PRESENT: Lee Walton, Chief Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City C1erk;.Henry Engen, Director of Community Development.; Geoff Grote, Assistant City Attorney; Richard Minor., Fire Chief; Roger Neuman;-Police Chief; and Dave Romero, Director of Public.Services 8. City Council considered the final passage of Ordinance No. 836, an ordinance of the City of San Luis.Obispo amending the official zone map of the city to rezone property at 3023 Rockview..Place.from R -2 -S to R -2 -PD; applicant:: Jack;Foster: -Mayor Cooper :declared the public hearing open.. No one appeared before the City Council for or against the proposed-ordinance. Mayor Cooper declared the public hearing closed. Councilman Jorgensen stated that he opposed condominiums on small lots.and did not-feel-the density.benefit was appropriate to this type of development. He would vote for final passage, however, as Councilman Bond.supported it, who was absent this :evening.: But, .for:courtesy, -he.would.vote "Yes," although he opposed the development. City Council Minutes January 15,1980 - 7:30 p.m. Page 2 On motion of Councilman Dunin, seconded by.Mayor Cooper, Ordinance No 836, was introduced for final passage. It finally passed.on the following roll call vote: AYES: Councilmembers Dunin, Mayor Cooper, and Jorgensen NOES: Councilwoman Billig ABSENT: Councilman Bond 9a. City Council considered the final passage of Ordinance No. 837, 1980 Series, an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property known as Terrace.Hill from R -1, R1- Specific Plan, R- 1- Special Consideration and R -2 to R -1 Planned Development. Henry Engen, Community Development Director, again reviewed the provisions of Ordinance 837 including the conditions established by the Planning Commission for approval of the zoning. Councilman Dunin stated that he could support the final passage of the ordinance but he felt that Lot 10 should be designated as open space. Councilwoman Billig would support also if Lot 10 was designated as open space and not park. Councilman Jorgensen stated he would support the ordinance with Lot 10 designated as open space, dedicated to the city with no conditions for formal development, but to leave it in its natural state. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, Ordinance No 837 was introduced for final passage. It finally passed on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: Councilman Bond 9b. City Council considered the tentative map for Tract No. 758, for a 13 -lot residential subdivision on approximately 40 acres of Terrace Hill R -1 -PD zone pending; Cuesta Valley Properties, applicant. Henry Engen, Community Development Director, reviewed for the City Council, what had taken place to date on this particular tentative tract map. He stated that at the meeting of January 7, action was taken to pass to print the plan development rezoning of the property and direction was given to incorporate selected refinements to a resolution approving a tract map for council action on January 15.' Major changes from a resolution that was before the council on January 7 and before the council this evening are as follows: 1. The map should be revised to delete planned development area no. 3 and redraw lot 10 to encompass both PD area 3 and the area formerly proposed for an open space dedicated easement. This parcel would become a passive open space city park. 2. Clarifying language was added to assure the handling of sheet flow above Sierra Way. 3. Design of Bishop Street extension was modified to call for a 30 -foot pavement combined with a 4 -foot integrated sidewalk on the uphill side of the street as contrasted to 44 -foot originally proposed. 4. Question of whether to design the Bishop Street extension for connection with the railroad overpass is made contingent on the future circulation element. 5. Various minor modifications suggested by council and staff are also incorporated into the new resolution. 1 1 IF- City Council Minutes JanuarylS, 1980 - 7:30 p.m. Page 3 He then reviewed in detail for the City Council the seven findings made by the Planning Commission in recommending the approval of the tract and also the detailed, 21- conditions of approval by the Planning Commission for Tract 758. Councilwoman Billig stated that she would recommend the addition of a condition to mitigate noise and dust during the development in the area of Sylvia Court and Boulevard del Campo. She also felt that the wording in condition 417 established by the Planning Commission should be corrected or amended for easier understand. Enrico Bongio, Sierra Way, asked if the visual aspects of Terrace Hill would be corrected, which were damaged by grading and erosion since the original dirt was taken from the mountain by the developer. Councilman Jorgensen stated he felt that such a condition should be added to the tentative map conditions. Enrico Bongio continued asking for clarification on various conditions of the tentative map. Jess Treanor, Augusta Street, questioned the size of the underground drainage pipe from this area to and bypassing Augusta Street. After discussion, he stated he still felt the density was too high'for the area. Jenny Garcia questioned the possible flooding of this area from this development and how the water would be handled. Mrs. Stockton, Sylvia Court, again reviewed for the council matters covered in the EIR that she felt had not been mitigated by the city or by the ' developer. Pete Evans felt that with changes made by the council to the plan development that the EIR does not reflect these changes and that the EIR should be amended in order to consider these changes, particularly the treatment of Bishop Street, site of the buildings, configuration of buildings, etc. He urged the council to keep Bishop Street as a rural development which is in keeping with the rural aspects of Terrace Hill. Councilman Jorgensen stated the following: I think we're close to reaching the end of the beginning on this project and I do hope it turns out as well as everyone has been saying in the newspaper. I would like to respond to comments made. The changes that were made in the project were made specifically because of issues that were identified in the EIR, therefore, this is an attempt to mitigate some of the problems and not to say that we now need a new EIR, there's a point of which we have to stop and review. As far as your concerns about Bishop Street, Mrs. Billig has done a lot of study on this and I think has some specific proposals that I'll defer to and let her address, but I can support the resolution with some modifications. One modification would be on Bishop Street and Ms. Billig will talk about that. I would like to see a condition added which would say in essence, in addition to their normal review the ARC will give special consideration to area 4 including landscaping, controlling design, site layout and low profile buildings, earthtone colors, glazing, defining building envelopes, fencing, all those types with three major purposes to their review.' The first would be to minimize the grade on Lot 11. The second one would be to minimize the visual impact of the development from offsite. Number 3 to minimize the intrusion of the privacy of the existing residences on Sierra Way. I would also like to see another condition added which would spell out very specifically that the subdivider shall restore the natural slopes of the hill destroyed by previous improper grading, and provide for proper revegetation, slope stabilization and erosion control on the entire area including Lot 10. I think that the city should impose a responsibility for maintaining those corrective measures for a period of time perhaps two years or some period of time to establish that the corrective measures do work, that the vegetation is established and so forth. City Council Minutes - January 15, 1980 - 7:30 p.m. Page 4 I think that the staff can respond to.some.of. the comments which were.made tonight in respect.to noise mitigation and dust-control--and grading work, etc. done during the dry.season and I certainly agree with all those. Having been the recipient of the street widening project and seeing my office fill up with dust every other day, I am aware we have a long way to go on these certain-things and I expect Mr.. Romero or whoever has the responsibility for supervising the project will make sure that the neighbors are taken care of. I don't think specific conditions..really make that -much sense. a So, with the addition of those conditions and the changes that Mrs. Billig will talk about, I support the resolution.- I wish to'state one final suggestion to Mr. French and that is that Area '1, being on a south sloping hill, would be-particularly appropriate for passive or action solar heating, and I would just urge you to:consider that before you design the condominium." •. Councilman Dunin commented.with.the following:: "I. think.I.started with about 41 conditions and anything more than that would miss its point. I am -still concerned about the traffic. However, that won't be taken care of:until.the traffic element is discussed, and noise:attenuation on Bishop Street extension and drainage. I am very concerned about drainage in that area." Councilwoman•Billig stated: "I have a list of things that :I sort of want to go over. We already talked about the dust problem. Councilman Jorgensen has mentioned that. 'My comments I wouid.like to say are that related to the layout on the design of the entire project, I would like the architects to keep in mind energy conservation with respect to design and land layout. - Also-, with respect to street design, Dave,- the way we design the streets in the project, the ultimate street•.design has a great deal to do with the noise and traffic safety and those kinds of things. I think we should keep this in mind, especially..in the Hillside area. I,am pleased that Henry is looking at the sidewalks at one side of the street. Mr. Jorgensen has already covered the remedial grading which.was.one of my major concerns especially in Area 3. The cumulative noise that some of the neighbors have mentioned, especially-Mrs'.,-Stockton,-when we're. talking about cumulative noise on Bishop Street, I think the size of the street and whay you see in terms•.of -the way we're designing it,.we're. doing as much as is feasibly possible not only to mitigate against noise, and also to make it-.a safe street, but make it one that is esthetically appealing also. As far as the geotechnical. study, I would like to again re- emphasize something that I mentioned at our last meeting. I would like to again suggest that the council think about.getting a:.professional, but one -out of.the county.. The only reason I_ mention this is that I.feel that the neighborhood.somehow would feel more at ease. and support -:the findings if they feel this.person is totally objective and out of-the county..- This.will somehow ease their minds. This is not to make-any comments about the quality we have in the county, whatsoever. It simply is to say that.there is a definite feeling in that neighborhood -about this whole geotechnical study..and I think this is one way we can work around it. Obviously, the:engineering findings made will have to be implemented by people in the county. We have people who. can do..that. Drainage maintenance. I would-have to agree with Mrs. Stockton•-and I think there should be something in there that the city have a continual watch on drainage, any kind of drainage structures that we.do in-that area because of.the. sensitivity in that area. Now, with respect to the Bishop Street extension we discussed last meeting that before we did anything, we would also do some environmental work. I.am interested in researching the questions that the people have about the stability of the tank, etc, and the way of approaching the street. Also, a 30 -foot wide street, I -have mentioned Bishop Street be 30 -feet of pavement an& then that would be curb -to- curb. We can neutralize excessive. grading -.and go -with the,natural terrain off the curbs, then line the street with- a.canopy -type tree,which would visually camouflage the street. :Then about 6 feet:from the edge of the street.on the northerly side of the street you will .have a path - it could be simply dirt - just like a parkway and then a 4 -foot sidewalk. Now this 4-foot sidewalk... the reason for it is number l:. The trees are going to be in that parkway and you may ride.bicycles or walk to be able:to do so getting from Area 1 down onto Augusta. I.think for space.seeken purposes, not only for bike riders, City Council Minutes January 15, 1980 - 7:30 p.m. Page 5 but..also for children and.pedes.trians.who would want to cover between.the two areas :of.the...project. I think that would help. The width of the street will allow-sufficient width for safety and also there is-sufficient right -of -way. This street will not be a straight shot, this street will be a curve type street for a number of reasons. Number.l, so that the traffic will not be speeding down; number 2, the visual impact; and Number 3 and most.important, of- course, because of the grading aspect and taking care of potential soils and erosion and grading problems on the hill. Then lastly, as apart of our study and.further work.on the extension-of Bishop Street, I would like us to look.at the retaining wall and make some findings on it before we just go ahead with work on the street." Dave Romero, Public-Services Director, related the following: "Mrs. Billig has raised a couple of points I would like to address at this time. One is the street section. If the Council wishes.this section to have 6- ft..separation between curb and sidewalk, this implies 10 -ft. level area from the curb space to the back walk. The standard which the staff uses which is in the ordinance calls for 4 -foot integral sidewalk against the.curb and will be 4 -foot of grading.. You can save 6 -ft. of grading through this area. What- ever your wish is, we could go either way. Councilwoman Billig then replied: "The point is, Dave, is that number 1, sidewalk and- street.scape should be suited to this hillside, and number 2, to keep it on more natural type of setting and less downtown formalized urban type of setting because it.is.on a hill. That was the idea and also to have the'pedestrian separated from the traffic.on a.hillside area especially so the children could easily go to school without worry." Dave Romero: "The Council several years ago insisted that we no longer put in separated sidewalks. They insisted on integral sidewalks." Councilwoman Billig: "This is a special situation and it shouldn't be looked ' at as'a precedent. It is a flexible way for bicylists and for children and people who just want to be able to enjoy the pleasure of just walking in that area and being able to facilitate that." Dave Romero: "Secondly,. you discussed the design of Bishop Street. The criteria for design would depend somewhat on Council's decision on Circulation-Element, whether South Street will-ever go across the railroad or not. If council.wishes the street to be connected, we will probably try to design basic alignment and grades of Bishop Street to at least collector.standard. If the council decides that South Street should not go across, we can design Bishop,Street..as.a.local street which gives us much more.flexibility..in vertical.alignment and horizontal alignment. It could.curve around the Sulvia court wall, curve around the.,tank, make it flatter and steeper as need be to fit the terrain much better, so the decision will largely be.indicated.by council action on_the Circulation Element." Councilwoman Bi11ig:. "Dave, that's.true.but we-.have that if.and_ when it ever happens our feeling -is that. of thing and also, you are.right. It has to do with to the Circulation.Element. But, we have time on soi as soon as the element.comes.up. It's not something intent of the concerns we have now." also.said.that_we.feel it is a.very.future -type our decision to respect nething like that too, that has, you have our Dave Romero:. "I presume that.the council.would.not want.to rebuild that street if at..some..future_ date South Street came across. You would want to build now to meet that need." Councilwoman Billig: "No - .that.we think it is extremely_ unlikely that it will ever be done and our:intent'is mot.just to.plin.necessarily with that particular in mind. We have allowed the right -of =way should it be necessary but as of now,.we don't think it will transpire. ".. Dave Romero: "Then you would intend if South Street. ever came across that we would rebuild that entire street someday." City Council Minutes January 15, 1980 - 7:30 p.m. Page 6 Councilwoman Billig: "The only thing we would have - we would already own the easement. WE would own the right -of -way. If it ever did happen, we would have to do major work anyway so I think you understand where we're coming from now." Dave Romero: "I didn't before, but I think I do now." Councilman Jorgensen: "To recap what happened, we lessened the width of the street as a compromise in order to minimize the grading and the impact on the area. Now if we are going to come back and eventually develop a 64 -ft. street it is going to require considerably more grading, fill, retention walls and other things. So, we would in fact be rebuilding the street and I think we all know that. We're accepting that because we don't think the probability of South Street extension being built. I don't think it will happen in my lifetime." Dave Romero: "I am looking at future expense,. that is if it-.is -the council's determination that South Street was to go through that we would want to minimize our cost in trying to widen out the street rather than have to tear it all out and rebuild and change the water line, sewer line, gas and everything else. So, we are talking about huge expense if we change our minds later on, whether it be a collector street or not." Councilwoman Billig: "Comment on reverse cuts - the design of the street would be such that the neighbors will understand. If the way to reverse cut would be on as much as possible the street will be cut in and down so that in essence, number 1, camouflages or hides the street so that the visual impact isn't so great and number 2, it does have a noise mitigation factor. Could you see it is higher on each side of the street. Noise tends to bounce off, if it were straight across, if the street was cut straight across the noise would bounce off the mountain down to the homes below. But this way, the noise impact will at least to a certain extent be mitigated." Mayor Cooper: "I would just like to make a couple of comments. Number 1, for the students in the audience, some of the neighbors that are here this evening , that testified at the public hearing we had at the last meeting, have been involved in this project since 1974 and some even further back than that. So, you can see there is tremendous amount of community input. It also addresses the fact that the neighbors, the developer, and City Council can work together and ultimately reach a conclusion. This project, Terrace Hill, is one that is indicated earlier and we certainly hope it will be a show place of the city. There are two or three other sites that are extremely delicate also that we are going to be addressing in the near future, and we really hope that the neighbors and developer and City Council can cooperate in the same manner that has taken place in this project. Amazing out of all the comments that are made here, there is one that I disagree with to a certain degree and that's one that Councilperson Billig made with reference to hope to obtain an out of the area geologist. I feel that this city has outstanding firms. We have the right to pick one of three or four and I feel we can certainly protect the neighborhood and the citizens of this community with the decision of a geologist that makes his living here and raises his family here. So, I would be supportive of a decision that we would hire a local geologist. It is nice that we have a university here to support and furnish us with the caliber of people that we have and I would like for us to go ahead and use them. At this time, I will entertain a motion." Councilman Jorgensen: "I move to adopt the resolution with the following changes: Condition Number 9 be abandoned to suite the comments that Ms. Billig had made as to the design of Bishop Street; condition #17 shows for use as ' an undeveloped open -space park; an additional condition be added as far as ARC review of Area 4 that an additional condition be added that all of the entire site including lot 10 that the subdivider shall restore the natural slopes of the hill destroyed by previous grading, vegetation, stabilization and erosion control for the entire area. I think he should assume responsibility for those improvements for a two year period. I think that the other comments all of us have made can be handled administratively as far as I feel." - City Council Minutes - _ January 15, 1980 - 7:30 p.m. Page 7 Councilwoman Billig: "About condition on energy conservation as part of designing subdivision ?" Councilman Jorgensen: "At this point, I don't really feel it would be. I would like to see, I.think,.that Area 1 would be.appropriate, Area 4 is a north basin slope and may or may not be appropriate. I wouldn't feel com- fortable.:impdsing it on him at this time. .I would just.recommend it as a recommendation. Mayor Cooper:. "Is -there a- second ?" Councilwoman Billig: I'll second it but I want to make a comment,in respect to the geotechnical study. Just.for the record, Because I think he..misunderstood what I was saying. I_feel_ the same way the Mayor does in having technical work dot not only in- house, but.in..the city. The only reason.I even.suggested.going out of town on something like_the geotechnical study.. is that it revolves around the severe reservations the neighborhood has with respect to the information in the EIR and the type of "things that have been discussed by the Planning Commission and the.City Council and the staff with respect to the.geological study on that hill. Now, if the council doesn't feel that that's important, we can go ahead. I know.we have extremely capable people in the community and that has nothing to do with suggesting someone outside. If the geotechnical study were done outside, it would be researched from their perspective as an outside viewpoint. Then the - actual work would be done. The on -site work would be followed.up by.a firm in this community so that's the only reason I made this. suggestion. Hopefully,.it directs some of the.major concerns that the neighbors have with respect to.work that has been done previously on the hill. The intent of the city is to follow through so that's my explanation." Mayor Cooper:. "A motion.has been made and seconded. Any discussion ?" ' "Roll call.please." JORGENSEN: AYE. BILLIG: AYE DUNIN: AYE... MAYOR COOPER: AYE Councilman Jorgensen: "I would just.like to...respond.to Melanie because I ..think.she has a valid concern. I'll.say it-in a different way. There's a certain amount of fear -that yoir.engineer is ,somewhat of an .advocate. of the project and may not have taken some of the hard looks that need to be taken and now that -you have your project,. I hope.that you.will.look at.it very carefully and listen to him. To-me, it doesn't matter if it.is a inside or outside engineer. .Simply, it has to be someone that will look at .the problems on the hill and.do the best.job he can." At 9:15 p.m. Mayor Cooper_.declared a recess. At.9:30 p.m. the meeting reconvened with all - councilmembers present. Councilman Bond absent. 10. City Council: considered an.agreement- ,between the city.and,SEDES for preparation of a general plan,.Parks and Recreation.Element for.the city. Henry Engen, Community Development_Director, briefly reviewed.the• provisions of the.proposed contract.to prepare.a..general plan, recreational.element.for the city. He stated that..the.city had..solicited.proposals from eight different consulting firms to do this project,.and..that.the firm of SEDES.from.San Luis Obispo had been tentatively-selected by the staff interview committee for the job.. He stated that SEDES.proposed.to.prepare a comprehensive.master plan for parks for a total.-fee of $30,300.. The council had.only budgeted it $25,000 as part of the 1979/80 CIP for-this project.. Additional can come from general plan study's account that was carried over from the Fiscal Year 1978/79. As part of the project the consultant pruposed to.do certain special studies such as determining:. City Council Minutes January.15, 1980 - 7:30 Page 8 9,�u• the feasibility of.developing.a regional park at Laguna Lake the need for relocating, eliminating, or .expanding the golf course - the need for a location of a new recreation center in San Luis Obispo The budget of.$30,300 includes the.completion of these special studies. If during the course of the study, work on these.items.is determined by the council to be unnecessary, the overall..project cost would..be reduced. On motion of Councilwoman Billig ,. seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 4073 (1980 Series), a resolution of the council of the City of San Luis Obispo approving an agreement between the city.and SEDES for preparation.of a general plan, Parks and Recreation Element. Passed and adopted.on the following roll call vote: 'AYES: Councilmembers Billig, Jorgensen,.Dunin and Mayor Cooper. NOES: None ABSENT: Councilman Bond 11. On motion.of Councilman .Jorgensen,.seconded.by Councilwoman Billig, the following resolution was introduced:. Resolution No. 4074, (1980 Series) a.resolution.of the council of.the City of San Luis Obispo granting approval of Tentative Map for minor - subdivision 79 -230, located at 146 Stenner Street; applicant: Henrik N. Nielsen. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: Councilman-Bond 12'. On motion of. Councilman..Jofgensen,..: seconded .by:_ Councilwoman . Billig, the following resolution was introduced.: Resolution.No. 4074 (1980 Series), a resolution of.the_ council of the City of San Luis.Obispo approving an amendment to agreement between .the city and Great Western Savings and Loan Association-to-provide-:an increased parking space rental. (Lot at the comer`(5f'Chorro -arid-North Street.) Passed and adopted on.the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin and-Mayor Cooper. NOES: None ABSENT: Councilman. Bond. The city staff was also authorized to prepare the necessary documentation to increase the meter rates for this particular lot from 5t to lOfi per hour. 13. Tom Schumann, again appeared before. the City.Council objecting to the City Council opening their.meeting with prayers led by ministers of various religious faiths.. His objection,.he.claimed, was based on violation of the First Amendment to.the United.States.Constitution. He gave a list of actions which he felt.supported his point.view over the.years.of violations-of the First.Amendment which he.claimed required a.separation of church and govern- ment and he-felt that a prior. to. a meeting was an intrusion of religion into civil government. Russ- 3o4iason` felt that the City Council was acting within-its authority in allowing .a prayer or benediction prior to opening the meeting. He felt prayers were what made America the great-country it is and.he hoped that the - council would continue and he was.sure that.there would be support by the voters of the community. 1 1 1 City Council Minutes January 15, 1980 - 7:30.p.m. Page 9 Pete Evans opposed to opening.prayers and pledge.-of allegiance to.the.flag. He felt it was wrong and..hoped.the..council._.would drop.the pledge.and prayers. He supported Tom.Schumann. He.-stated he did..not.wish to be forced to pray in public.nor did.he.wish.to have to pledge allegiance to his country in public. Wait- Anderson:stated;that.the..First Amendment has been misunderstood. That it does.not_require'separation of.church.and.government. Only that governments should-not dictate religion'to its citizens. Reverend Harreldson.thanked God.that the U.S. government,.senate and..congress still open their.meetings with.a prayer. He supported the.council action and the First Amendment of the United States Constitution, commending the council for their action in.opening with prayer for. -the good of the community. C -1 On motion _of..Councilman_Dunin,_secouded by Councilwoman-Billig, claims against the city..for.the month of- January 1980 were approved and ordered paid subject.to the approval of.the Administrative Officer. C -2 On.motion.of.Councilman Dunin, seconded by Councilwoman.Billig, the following resolution -was introduced: Resolution No. 4076 (1980 Series), a resolution of-the council.of the City of San Luis Obispo . notifying the California Transportation.Commission that they would accept a parcel of.,land: from the State ;.surplus to State purposes., (Corner of South Street and Broad Street, Rt. 227.) Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Jorgensen,-and Mayor Cooper. NOES: None ABSENT:. Councilman Bond C -3 On motion..of. Councilman. Dunin,_seconded_by.Councilwoman Billig, the following resolution was.intro.duced: Resolution No. 4077 (1980 Series), ....a resolution of the council.of the City of San Luis.Obispo finding and determining.that Fire-Battalion Chief E1ton:.Hall is disabled. -Passed and adopted on.the.following, roll call vote: AYES:..._ Councilmembers Dunin, Billig,. Jorgensen and Mayor Cooper. NOES: None ABSENT: Councilman Bond. C- 4.On.motion.of..Councilman Dunin,.seconded by.Councilwoman Billig, the following resolution was.introduced: Resolution.No.. 4078 (1980 Series), a resolution.of the council of the City of San Luis.Obispo amending Resolution No. 3991 and rescinding Resolution No. 3700 by.providing salary increases-for certain- police and fire personnel.. Passed and adopted on the following roll call vote.: . AYES: Councilmembers Dunin, Billig,.Jorgensen and Mayor Cooper. NOES: None ABSENT:. Councilman..Bond C =5 On motion of Councilman Dunin,_.seconded..by. Councilwoman.Billig,..a.claim against the city by M.H. Allenstein.i.n -the amount of $274.51 for injuries ...sustained allegedly.by.claimant when.motorcycle he.was.riding.fell and skidded off a 4" drop -off on city street was denied.. Motion. carried. C- 6: 0n- m6tion_ of _Councilman.Dunin,.sec6nded.by Councilwoman Billig;.a claim against the -city by Luz Soto in the amount of $25,00.0 for injuries sustained when claimant fell on city - sidewalk was denied. Motion carried. C -7. 0 motion of Councilman Dunin, seconded by Councilwoman Billig, a claim against the city by Gail Thurston in the amount of $15,000 plus medical expenses for alleged injuries incurred as a result of claimaint falling on city curb was denied. Motion carried. City Council Minutes January 15;- 1980 - 7:30 p.m. Page 10 There being no further business to.come.before the City Council; Mayor Cooper. adjourned.the.meeting.at 10:20 p.m. .to Monday, February 4, 1980 at 12:10 p.m. APPROVED BY CITY COUNCIL :'4/l/80' Fitzpatrick, City Clerk ------------------------------------------------------------------ - - - - -- M I N U T E S SPECIAL CALLED MEETING.OF THE CITY COUNCIL CITY OF SAN LUIS OBIPSO TUESDAY; JANUARY 29,..1980 - .12:.10'P.M. COUNCIL-HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call -Councilmembers PRESENT: ABSENT: City Staff Melanie Billig, Ron Dunin, Jeff.Jorgensen..and Mayor Lynn R. Cooper Alan Bond PRESENT:. Lee Walton, Chief Administrative Officer; George Thacher, City Attorney; J..H. Fitzpatrick, City Clerk; Henry Engen, Director of Community Development. 1. Glen Carlson, President,.San.Luis Obispo Rotary .Club, and Myron Green, member of the Rotary Club, and.Jim Fickus, architect, appeared before the City Council proposing.the placement of an acoustical screen.behind the small concrete platform that.presently passes for an ampitheater north of the adobe in Mission Plaza. It was to be a gift to the city from the Rotary Club. The purpose of the screen was to make the area more viable and usable for speakers, musicians, etc. Lenea. Phillips, Mission Plaza coordinator, questioned - adding something else into the.Mission Plaza area. She did not feel that there was any need for additional construction in the first area. She .felt that-the Mission Plaza area was being crowded with little.items, benches, walls, etc., and it was taking away from.the_openess for freer use of the Mission Plaza. She felt-that to make the amphitheather useful, what was needed was an outdoor public.address system and some type of seating so that people did not have to sit on the wet grass. However, she felt that if the council were to do anything, the screening behind the amphitheater might be of some help. After discussion with representatives of the Rotary Club, it was a general concensus.of the City Council to accept the gift from Rotary with hope that it would be kept simple and in the spirit of Mission Plaza. 2. City Council received.the.recommendations.of the.City :Administrative Office on.his suggestions..for.reorganization of the various advisory boards, commission and.committees. - .He.realized that the-material had not been submitted far enough.in.advance . of.the meeting for council study, but he felt this would be.an.opportunity to review in concept what he was proposing, some general.observations, and allow the City Council to set future study sessions in March to go into detail.on each recommendation.