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HomeMy WebLinkAbout08/02/19831 1 City Council Minutes Tuesday, August 2, 1983 - 6:00 p.m. Page 2 City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Art Shaw, Acting City Attorney; Dave Romero, Public Works Director 6:00 p.m. City Council adjourned to Closed Session to discuss Personnel - Litigation Matters. 7:05 p.m. City Council reconvened, all Councilmembers present. There being no further business to come before.the City Council, Mayor Billig.adjourned the meeting to Tuesday, August 2, 1983 at 7:05 p.m. Tae 4laoi es, ft�7 elerk APPROVED BY COUNCIL: 9/20/83 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 2, 1983 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K. Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Mike Dolder, Fire Chief; Dave Romero, Public Works Director; Jim Stockton, Recreation Director; Brad Hopkins, Fire Prevention Captain 0 N S E T C A L E N D A R C -1 COUNCIL MINUTES' On motion of Councilman Griffin, seconded by Councilman Settle, to approve the minutes of Monday, June 6, 1983 - 12:10 p.m.; and Tuesday, June 7, 1983 - 7:00 p.m. as amended. Motion carried, all ayes. C -2 CONTRACT PAY ESTIMATES On motion of Councilman Griffin, seconded by Councilman Settle, contract pay estimates and change orders be approved and ordered paid as amended. Motion carried, all ayes. C -3 CREEK CHANNEL IMPROVEMENTS On motion of Councilman Griffin, seconded by Councilman Settle, that the I City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 2 request to construct channel improvements in Old Garden Creek at Tropicana be approved as recommended by staff. Motion carried, all ayes. C -4 PLANS AND SPECIFICATIONS - WATERLINE IMPROVEMENT PROJECTS On motion of Councilman Griffin, seconded by Councilman Settle, that plans and specifications for "WATERLINE IMPROVEMENT PROJECTS IN FIXLINI STREET, LIZZIE TO SOUTH END, AND JUNIOR HIGH SCHOOL PROPERTY "; City Plan Nos. G -12 and G -49; bid estimates $71,100 and $92,075, respectively, without contingen- cies be approved and staff authorized to to call for bids. Motion carried, all ayes. C -5 PLANS AND SPECIFICATIONS - HILL STREET STORM DRAIN On motion of Councilman Griffin, seconded by Councilman Settle, that plans and specifications for "HILL STREET STORM DRAIN "; City Plan No. F -24; bid estimate $75,490, without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes. C -6 REQUEST FOR PROPOSALS - GOLF CONCESSION On motion of Councilman Griffin, seconded by Councilman Settle, to approve the Request for Proposals for the operation and management of golf activities and golf concession at Laguna Lake Municipal Golf Course and authorize staff to advertise for proposals. Motion carried, all ayes. C -7 HRC GRANTS -IN -AID CONTRACTS On motion of Councilman Griffin, seconded by Councilman Settle, the following resolutions were introduced: Resolution Nos. 5177 - 5185 (1983 Series), resolutions of the Council of the City of San Luis Obispo approving the following contracts for HRC Grants -In -Aid: Hospice Family Services Center Friendship School Rape Crisis Center HOTLINE Child Development Center RSVP /Senior Home Share SLO County Health Commission YMCA 1,500 $ 3,600 3,150 850 7,400 10,100 8,000 3,600 i -nnn TOTAL $54,200 Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -8 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT 993 On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5186 (1983 Series), a resolution of the Council of the City of San Luis Obispo accepting the public improve- ments for Tracts993 (Dana Gardens) creating eight air -space condominiums located at 415 Dana Street. Passed and adopted on the following roll call votes: AYES: Councilmembers Griffin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 7 JL 1 1 1 1 1 City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 3 C -9 1983 -84 BUDGET NARRATIVES, GOALS AND OBJECTIVES On motion of Councilman Griffin, seconded by Councilman Settle, that the final 1983 -84 Budget Narratives, Goals and Objectives be approved as amended. Motion carried, all ayes. P U B L I C H E A R I N G S 1. APPEAL OF MOBILE HOME RENT REVIEW BOARD DECISION Council held a public hearing to consider an appeal by La Cumbre Management Company, Inc., of a denial by the Mobile Home Rent Rent Review Board to allow a $20 per space rent increase at Chumash Village Mobile Home Park. Pam Voges, City Clerk, stated that this item was scheduled for hearing pursuant to the appeal provisions of the ordinance, however, staff recommended continuance until the Rent Review Board transcripts had been received to provide the Council sufficient time to review those hearings before conducting deliberations. On motion of Councilman Griffin, seconded by Councilman Settle, to continue the hearing to date uncertain until the Rent Review Board transcripts have been received. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None 2. FINAL PASSAGE OF ORDINANCE 985 - MASS TRANSPORTATION COMMITTEE Council held a public hearing to consider the final'passage of Ordinance No. 985, an ordinance amending Mass Transportation Committee terms of office to be consistent with the Advisory Body Handbook and increase membership from seven to nine members (continued from 7/19/83). Dave Romero, Public Works Director, briefly reviewed the council agenda report (see file #543) with the recommended action that Council give the ordinance final passage. Mayor Billig declared the public hearing open. No one spoke for or against the proposed passage. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, final passage be given to Ordinance No'. 985. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 3. WEED ABATEMENT Council held a public hearing to consider Fire Chief's report to confirm liens upon real property for weed abatement costs in various areas of the city. Mike Dolder, Fire Chief, reviewed the report (file 4723) with a recommended action that Council adopt the resolution in the packet confirming the liens as proposed on Exhibit "A ". 32 parcels had required weed abatement by city City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. . Page 4 forces, of which 22 were remaining as confirmed liens to be placed on real parcels. He stated he had received a phone call from a woman owning Parcel #53- 063 -05 -000 with a total lien cost of $299, and he stated she-was unable to attend tonight's meeting but was protesting the billing. Mayor Billig declared the public hearing open. Helen Millsap, 2073 Mill Street and owner of property 03- 759 -04 -000 with a total lien in the amount of $390.00, protested the charge as she had intended to clear the property herself but had simply not gotten to it , before the Fire Department had. She would urge the Council to reconsider this charge because if she had had the property cleared herself she -could have done it for about $75. Raymond Long, 320 Main Street, also spoke in opposition to the charge levied of $152 on property owned by him (parcel 403- 737 -14- 000)'. He stated that the notice received in the mail had not given sufficient time. Mayor Billig declared the public hearing closed. Councilman Settle stated that he could support exempting parcels for Mr. Long and Mrs. Millsap or would be amenable to only charging for the actual Fire Department costs deleting the administrative and penalty charges. Councilwoman Dovey was concerned as to when these notices were postmarked, posted or mailed, as opposed to when the people actually received them. After discussion, Pam Voges reviewed the manner of noticing people for both hearings and business items, stating that in the case of a scheduled public hearing for some items a ten day property notice is sent and a ten day advertisement published. In this particular case, notices were sent out 30 days in advance. Councilman Griffin stated he could move on the recommended resolution with the understanding that staff be allowed to make equitable adjustments for the three properties discussed. Councilman Dunin suggested that this item be continued with additional report back from staff on the three properties in question. After brief discussion, it was moved by Cuncilman Dunin, seconded by. Councilman Settle, the following resolution was introduced: Resolution No. 5187 (1983 Series), a resolution of the Council of the City of San Luis Obispo confirming liens upon real property for weed abatement costs in various areas of the city excluding the three in question with further direction to staff to .report back at the August.9 council meeting on those three properties. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 4. FINAL MAP APPROVAL FOR TRACT 915 Council held a public hearing to consider a resolution granting final map approval for Tract 915 creating a 14 -lot industrial subdivision on a 4.9 acre site located at 3570 Sacramento Drive; John and Shirley Robison,. subdividers. Dave Romero, Public Works Director, reviewed the council agenda report (file #410 -915) stating it was staff's recommendation that Council adopt the resolution approving the final map and authorizing the Mayor to execute the subdivision agreement. Mayor Billig declared the public hearing open. City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 5 No one spoke for or against the final map. Mayor Billig declared the public hearing closed. After brief discussion, it was moved Councilman Settle, seconded by Councilman Dunin, the following resolution be introduced: Resolution No. 5188 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving the final map for Tract 915 as recommended. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Councilman Settle suggested that staff be directed to look into alternative methods for tree-maintenance, in particular, to provide applicant responsi- bility. Councilwoman Dovey suggested staff be allowed to have the flexibility to make these kinds of changes without coming back to Council. Council concurred (5 -0). 5. "PROPOSED SENIOR HOUSING PROJECT Council held a public hearing to consider an ordinance to rezone property at 1220 Osos Street from Office to Central - Commercial to provide for a proposed elderly services center and consider a development agreement authorizing certain exceptions from property development standards to enable low or moderate - income housing; Poise, Inc'., applicant (continued from 5/17/83). Toby Ross, Community Development Director, reviewed the council agenda report (file 91463) reviewing the major differences in the proposed project from the last time the Council considered it which were: 1) the building to be 37 feet tall as opposed to 50 feet-previously suggested; 2) the building was further from the street; 3) the patio was at the front of the lot instead of the back; 4) the basement would not cover the entire site; 5) no common space or laundry facilities for the residents were indicated; 6) the applicant was not seeking federal assistance; 7) additional possibili- ties for parking were included to.eliminate some assigned spaces in the San Luis Medical Clinic lot and payment of in -lieu fees. No written proposal had been made, no additional parking spaces were proposed to be constructed on or off site. Total spaces required were 29. With regard to parking: 1) "staff was suggesting the installation of a passenger loading zone to accommodate two vehicles in front of the site and reimbursing the city for the two spaces at $5,000 each; 2) implementing the parking management program for the Medical Clinic, including several means for increasing availability and use of spaces; and 3) requiring the developer to pay in -lieu fees of $5,000 per space for six spaces. He then reviewed suggested conditions for the development agreement (see page 5 -5 of the report). Councilman Griffin reviewed the council subcommittee report on this project as made by himself and Councilman Dunin:.,They had no -final recommendation .on the project,•however, they had made several suggestions for possible inclusion in the development agreement. Upon question by Councilman Settle, Toby Ross stated he felt that this project was ideal for the elderly especially insofar as the location was concerned. Councilwoman Dovey questioned-that if other property owners asked to have their properties rezoned to the C -C zone, how would Community Development feel on that issue. City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 6 Toby Ross responded that no other property has frontage entirely on Osos Street. If there was no clear demarcation of the zone, then the property owner could request it. However, he did not see this to be.a problem. Each property would be taken on a case by case basis. Councilman Dunin stated he would like the development agreement to be a binding agreement, especially with regard to the parking and would like to see a provision for the enforcement of parking as a part of the agreement. Toby Ross explained that the C -C zone does provide for deferral of some of the parking conditions, however, the applicant is complying with all parking regulations. Mayor Billig declared the public hearing open. Dale Molesworth, 206 Marlene Drive, Executive Secretary for Poise, Inc. and Administrator for the clinic, urged the approval of the rezoning so that the project could proceed. He stated that they were conceptually in agreement with all the provisions as outlined by staff, and stated the project appeared to be viable insofar as the financial aspects were involved. He also felt this would help to meet the city's previous goals for this type of housing in the city. Patrick Sullivan, 1880 Santa Barbara Street, again stated he appreciated the staff and its cooperation in looking for viable solutions to the problems that the Council was concerned with at the last meeting.' He reemphasized that most of the units would be serving but one person and would again urge Council approval. Mrs. Smith, owner of The-Gazebo Flower Shop, spoke in support of the project urging Council's approval, that it was a needed project for the senior citizens and she-did not feel parking to be a problem. Rich Chubon, Director of the Housing Authority, spoke in support of the ' project as he had initially and again emphasized the importance of senior housing. He felt that the concerns about the carwash would not be a. problem as this kind of activity is better for the elderly than no activity at all. He felt this type of project was very difficult to put together and it was up to the community and the public entities to make such a project viable. Tom Rice, an adjacent property owner, had concerns with: 1) parking and 2) zoning. He did not feel that the parking would be adequate; and with regard to zoning, he felt that if you were to do it for one you needed to do it for the entire block. Jerry Evans, also an adjacent property owner who had occupied the:site adjacent for 23 years, was also concerned with the parking problem. He stated that people continually use his lot in order to alleviate the parking on the street. Would the Council be willing to consider a•waiver of parking requirements for office space? Evelyn Delmartini, 2210 Santa Ynez, objected to the project due to insuffi- cient parking and posed several questions: 1) what could you do to enforce parking; 2) would Poise, Inc. still be the developer; 3) this was.a totally new project and should have gone back to the Planning Commission; 4) low and moderate - income, will this only be for the elderly or will it also,be for students; 5) how many spaces, 32, 34, or 29 and how was the equivalent being provided for; 6) does the offer still hold for the carwash to have first option to buy; 7) what will the basement be used for; 8) where will the $30,000 for parking in -lieu fees be applied? Toby Ross explained that although only 29 spaces are required, an equivalent of 34 spaces will be provided through efficiency. A total of $40,000 could go towards the parking fund. The owner was expected to remain the same. The Medical Clinic would still be "required to follow the agreement require- ments. Only the elderly or the handicapped could be tenants. Use of the lower floor would be restricted to medically related uses. There was nothing to preclude the pharmacy from coming across the street. Most of City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 7 the tenants do not own their own cars-and in many cases are picked up by others.. Therefore, the requirement of the loading zone. It was not a requirement that the project had to be sent back to the Planning Commission. Dale Molesworth responded that with regard to the carwash issue the owner of the carwash was not interested.in selling. 8:55 p.m. Mayor Billig declared a recess. 9:00 p.m. City Council reconvened, all Councilmembers present. Councilman Griffin stated that he could support the conceptual configuration; parking would be greatly enhanced thereby mitigating the parking situation; under the development agreement there must be some specific provisions clear to both parties that would be easily administrable. He did feel additional property zoning standards should be incorporated for projects of this type. He was also concerned about raising the expectations of the .,applicant by rezoning the property prior to the development agreement coming back and could, therefore, not be supportive of the ordinance amendment at this time. Councilwoman Dovey agreed with Councilman Griffin as far as the city working on additional property standards for this kind of project. However, she could not support the zoning change as she felt it was spot zoning. She supported elderly housing but there were too many problems inherent with the project.. Particularly, parking was still a big problem: with the enforcement, crossing of the-street, the safety issue, employee parking, and parking in -lieu fees. She also felt that there was a lack of amenities and-was especially concerned that.laundry facilities be provided. She also felt that the units were•not following the definition for a studio. If the project was approved it should be required to include the same requirements for other projects in C -C zones, i.e. extending the B:I.A. boundaries, parking, etc. ' Councilman Dunin stated the development agreement as originally submitted would :provide flexibility to adjust the rules within reason. The development agreement was the tool to make it work. He was pleased to see the building reduced both in size and height, it improves the aesthetics. But he felt that no matter what was done in the downtown it's going to be objectionable to some people. Most of the speakers addressed the problem of parking, of which he feels people can't make up their mind whether there is a parking problem downtown or not. He encourages the mixed use concept. Senior housing should be looked at as a special project in the future. Senior housing is needed in the downtown and should be considered. The agreement must be a binding one:. He would like to:include the amenities as originally proposed, although not in the sametsize. He would like staff instructed to prepare an additional interpretation of the C -C zone that would consider senior citizens. He could support the project as proposed, waiting upon the development agreement to.come, back. This should not be considered a model, but rather an additional approach should be looked at. Councilman Settle felt an elderly development project in the downtown was extremely desirable as far as he was concerned, and he would urge support of the project as well as introduction of the ordinance, with staff directed to prepare the development agreement. He felt the elderly housing is an important point, this is a difficult lot size; although the project was substantially better than the previous proposal.: Mayor Billig thanked the subcommittee for their work,and the owners for their cooperation with the City. She felt the project provided a unique _. opportunity with both the private and public sector, merits of the project were very strong, downtown housing for this Council has been very important for a long time. In a project like this we must look at the overall good for.:the community._ The development agreement is a contract and the concerns of both the public and the Council must be treated in an equitable fashion;. She felt one must carefully outline the .parking problems in the.agr-eement. City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 8 After brief discussion, it was moved by Councilman Settle, seconded by'_ Mayor Billig; the following ordinance be introduced to print: Ordinance No. 986 (1983 Series), an ordinance of the Council of the City of San Luis Obispo amending the official zone map of the city to rezone property at 1220 Osos Street from 0 to C -C. Introduced and passed to print on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers, Dunin and Griffin NOES: Councilwoman Dovey ABSENT: None Further, staff be directed to prepare a draft development agreement as discussed this evening with final passage of the ordinance to-come back at the time of the development agreement. Further, staff directed to evaluate and develop additional property development standards as it relates'to the elderly and low- income housing in the downtown (5 -0). 6. APPEAL OF PLANNING COMMISSION DECISION Council held a public hearing to consider an appeal by. Thomas J. Lee-of a decision by the Planning Commission approving a use permit for a fraternity house at 280 California'Blvd., and consideration of reduced street yard from 15 to 10 feet (continued from 7/5/83). Toby Ross; Community Development Director, reviewed the council agenda report (see file #407), stating the Planning Commission had approved:the use permit with direction to redesign the project with a maximum of 19. people and 19 vehicle parking spaces or eight bedrooms and 16 vehicle- parking spaces. The project was granted final approval by ARC at the June 13, 1983, meeting. Staff was recommending Council adopt the resolution denying the appeal and upholding the Planning Commission action in approving the use permit with the revised.site plan,-reduced street yard setback on Hathway Street frontage, and added conditions as noted in the resolution. The primary problems or the key issues expressed in the appeal were density and parking. Based on the zoning ordinance standards for maximum population densities for group housing in the R -4 zone, it did allow for the 19 persons. He also reviewed a letter received from Mr. and Mrs. Frank Paine, which expressed their concerns that the parking was still inadequate; the-three-foot fence along Hathway would inevitably become a ticket booth for TGIF parties; further, the proposal called for moving the existing house 75 feet to the northeast and adding two wings. They felt that was not reasonable given that the building had termites. They also were concerned as the Police Department has expressed serious reservations about the project, due to numerous problems and complaints accrued in that location. They also felt the fraternity itself was not a good organization and had problems everywhere it had been thus far. Mayor Billig declared the public hearing open. Barry Williams, 110 California Blvd. and applicant for the project; reviewed the new plans, addressing the setback issue. The project will provide for an 18 -foot setback and he cited two other properties in the same location or in nearby locations that either had one -foot setbacks or six -foot ' setbacks: 'They would be adding a substantial amount.of landscaping; which added to the merit of the project. It was going to continue as a one -story structure, and he would urge Council's support. Councilman Griffin questioned letter dated 7/12/83 by the owner which indicated a lack of support to some conditions:, Barry Williams stated that the property owner -does now support this,iplan. However, the original plan was more favorable as it would be a savings of over $20,000. City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 9 Martin Cook, 348 Hathway, was impressed with the Council's action to reevaluate the access on California. He was still concerned about the problems associated with the fraternity's previous behavior on Osos Street. He was disappointed with the architect for not having gone to the residents earlier to help explain the problems. Joanne Ruggles, 151 Hathway, reaffirmed staff comments showing that Hathway has already twice the traffic that it should. She would also prefer to see ' a slumpstone or masonry fence, 'rather than a three -foot wood fence. She felt it would provide a more permanent solution supplemented with landscaping than a wood fence would. French Morgan, 258 California Blvd. and manager of an adjacent building, reviewed his concerns: 1) the site itself is not properly zoned; 2) social groups have more people coming and going than normal apartment building dwellers. The current leadership is what is helping the fraternity now but he questioned what would happen with a change of leadership. 3) The liquor store is in too close a proximity, especially as this group has encouraged drinking by students under 21. 4) He suggested a stop sign or something to help solve the traffic problem on California. 5) He also questioned if the fraternity is a. stopgap when actually a fraternity row is what should be emphasized. He questioned: 1) what the possibility was of installing stop signs; 2) what did the Community Development Director mean when he said most of the restrictions had been met; 3) valet parking, what about new leadership? Toby Ross, Community Development Director, stated that party plans have to be filed with-the Police Department, so a-mechanism is in place to have everyone in the neighborhood aware of TGIF parties. Valet parking would be a component of the permit and the fraternity can loose its use permit if it's violated. With regard to his comment that the applicant had met most of the requirements, he was referencing the parking and driveway standards. There are some slight variations that are provided for, i.e. perpendicular parking spaces. Bill Shipsey, 795 Lincoln Avenue, felt this was an excellent project and arrangement for both the community and the fraternity. As an alumni of the fraternity, he was concerned with condition 12 limiting the party hours from 10:00 p.m. to 9:00 a.m. In light of football games and other activities, he felt the 10:00 p.m. deadline on Friday and Saturday nights was unrealistic. Kathy Cook, 348 Hathway, supported the 10:00 p:m. deadline. She felt that it was a residential area and that the fraternity should recognize that there were other people who need their sleep. Steve Ditman, an alumni of the fraternity and.a member since 1972, spoke in support of the project and would urge Council's support. Mayor Billig declared the public hearing closed. After brief discussion, it was moved by Councilman Settle, seconded by Councilman Dunin, the following resolution be introduced: Resolution No. 5189-(1983 Series), a resolution of the Council of the City of San Luis Obispo denying the appeal and upholding a Planning Commission action to approve use permit request allowing the fraternity-house Alpha Epsilon Pi at 280 California Blvd. as amended. Amendments as follows: Page- 6= 5,lparagraph six,- "NOW, -THEREFORE; the council-.resolves to deny the appeal and uphold the Planning Commission's approval with additional ' conditions based on the following findings: 1. The proposed use as conditioned will not be detrimental to the health, safety and.welfare of persons living or working in the area." Page 6 -6, condition #1, "No more than 19 persons including resident manager shall reside at the house at any time." #2, "A minimum of 19 on -site vehicular parking spaces, the maximum-number of six.bicycle spaces, and �Jo three motorcycle spaces to city standards shall be provided and maintained at all times for the intended use." Passed and adopted on'the following roll call vote: City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 10 AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 7. TREE COMMITTEE APPEAL - PRUNING REQUIREMENTS Council considered an appeal by Gerald.Shusta of a Tree Committee decision regarding tree pruning requirement at 98 Palomar Drive (continued from - 6/21/83). Geoff Grote, Acting City Attorney, reviewed the agenda staff report (file 11505), stating that the staff had varied opinions as far as its recommendation. However, the CAO's recommendation would be to approve the -resolution., declaring the two trees at 98 Palomar Drive to be "Heritage Trees" which would - permit city maintenance. The.existing.city ordinance allows such designation and would enable the city.to.fund the pruning in fiscal year 1984 -85. Council briefly discussed the merits of whether or not these trees were heritage in nature. After brief discussion, it was moved by Councilman Settle,.seconded by Councilman Griffin, to support the recommended action to declare these two trees to be heritage. Councilman Griffin -cited his reason for declaring the trees "heritage".,-due to their "high value type or size" and its effect on this particular neighborhood which is one definition specified in the ordinance that can be used. Motion failed on the following roll call vote: AYES: Councilmembers Settle and Griffin NOES: Councilmembers Dovey, Dunin and Mayor Billig ABSENT: None After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Dunin, to deny the appeal. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Dunin and Mayor Billig NOES: Councilmembers Griffin and Settle ABSENT: None Councilwoman Dovey felt that you would either have to designate all eucalyptus trees in the city as being historically significant or none: The next door neighbor did not trim his trees, however, it was a requirement and there should not be this type of deviation. Councilman Dunin questioned what it was going to cost the taxpayers. Dave Romero, Public Works Director, responded that it would be $1,200 for two trees, or $6,000 for -the eleven trees which included the next.door. C'0 M M U N I C A T I 0 N S Councilman Dunin requested the record reflect retraction of a comment made at a previous meeting concerning the Architectural Review Commission requirement for "timber" buildings. 10:40 p.m. Mayor Billig adjourned the meeting to Closed Session to discuss litigation matters. City Council Minutes Tuesday, August 2, 1983 - 7:00 p.m. Page 11 12:00' midnight City Council reconvened, all Councilmembers present. There being no further business to come before August Council Mayor Billig adjourned the meeting at midnight to Mo� ay Augu �, 1983 at 12:10 m. Pamela Voges, `C3ty, -jClei APPROVED BY COUNCIL: 10/18/83 U ----------------------------------------=--------=------- - - - - -- M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 8, 1983 - 12:10 P.M. ATTORNEY'S CONFERENCE ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor Melanie C. Billig Absent: Councilman.Allen K. Settle City Staff Present: Paul Lanspery, City Administrative Officer 12:30 p.m. City Council adjourned to Closed Session to discuss Personnel / Litigation Matters. 2:30 p.m. Mayor Billig declared a recess. Councilman Griffin left the meeting. 2:40 p.m. City Council reconvened in Closed Session. Councilmembers Griffin and Settle absent. 3:15 p.m. City Council reconvened, Councilmembers Griffin and Settle absent. There-being no further business to come before the City Council, Mayor -Billig adjourned the meeting to Tuesday, August 1983 at 7:00 p.m. Pa la Voges, City C1 rk APPROVED BY COUNCIL: 10/18/83 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 9, 1983 - 7:OOP.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers