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HomeMy WebLinkAbout11/15/19831 1 City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 2 City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Roger Picquet, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Dave Romero, Public Works Director; Mike Dolder, Fire Chief; Steve Henderson, HRC Coordinator; Dave Pierce, Transportation Manager; Don Englert, Acting Police Chief; Steve Seybold, Crime Prevention Officer; Dave Ion, Financial Analyst; Sharon Turner, Recording Secretary C O N S E N T C A L E N D A R C -1 COUNCIL MINUTES On motion of Councilman Griffin, seconded by Councilman Settle, the following minutes approved as amended: Monday, September 12, 1983 - 12:00 Noon; Tuesday, September 20, 1983 - 7:00 p.m. Motion carried, all ayes. C -2 EMERGENCY MANAGEMENT FUNDING (File #715) On motion of Councilman Griffin, seconded by Councilman Settle,-the following resolution was introduced: Resolution No. 5246 (1983 Series), a resolution of the Council of the City of San Luis Obispo designating the Mayor, City Administrative Officer, Police Chief and Fire Chief as authorized agents to execute applications for emergency assistance funds. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin,-Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C =3 CLOSURE OF STATE HIGHWAY - CHRISTMAS PARADE (File #831) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5247 (1983 Series), a resolution of the Council of the City of San Luis Obispo closing State Highway 227 for the Eighth Annual Christmas Parade to be held Friday, December 2, 1983. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -4 LEASE PURCHASE OF TELEPHONE SYSTEM (File #108) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5248 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Orange National Bank for lease purchase financing of the city's new electronic PBX telephone system and Mayor authorized to sign. Passed and adopted on the following roll call voter AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 3 C -5 APPOINTMENT OF CITY TREASURER (File 4202) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5249 (1983 Series), a resolution of the Council of the City of San Luis Obispo appointing the finance Director as City Treasurer with amendment in first section to read current instead of present. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None C -6 LONG -TERM FINANCING PLAN (File 411112) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5250 (1983 Series), a resolution of the Council of the City of San Luis Obispo calling upon the Stater-Legis- lature to establish a long -term permanent financing plan for California municipalities. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None Mayor Billig recommended that we send copies of the long -term permanent financing resolution and background information to all media. C -7 CONSULTANT SERVICES - BUS TERMINAL EIR (File 4481) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5251 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and MDW to provide consulting services for the preparation of an Environmental Impact Report for downtown bus terminal project and Mayor authorized to sign. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig r: NOES: None ABSENT: None C -8 PUBLIC NUISANCE ABATEMENT (File 41522) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5252 (1983 Series), a resolution of the Council of the City of San Luis Obispo determining that a public nuisance exists at 546 Higuera Street and setting the public hearing for its abatement on December 13, 1983, at 7:00 p.m. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 4 C -9 BICYCLE LANE IMPROVEMENT PROJECTS (File 41149) On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 5253 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the State of California for bicycle lane improvement projects in various parts of the city with the Mayor authorized to sign. Passed and adopted on the following roll call vote: ' AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None 7:05 p.m. City Council adjourned, Parking Authority convened in Regular Session. ROLL CALL Commissioners Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K. Settle and Chairperson Melanie C. Billig Absent: None 1. RESOLUTION OF CONDEMNATION (File 41554) Parking Authority held a public hearing to consider a resolution.condemning property located at 861 Palm Street (Shanghai Low Restaurant) required for construction of City's parking structure (continued from 1/4/83, 1/18/83, 2/1/83, 2/8/83, 2/15/83; 3/1/83, 3/15/83, 4/5/83, 4/12/83, 4/19/83, 5/3/832 5/17/83 and 9/6/83). Roger Picquet, City Attorney, reviewed Council agenda report and stated that this item had been before the Council on several occasions and had been continued to a date certain each time pending other developments including the election. He recommended continuance of this item to January 3, 1984, at which time staff expected to make a recommendation for more definite action. Chairperson Billig declared the public hearing open. No one spoke for or against the proposed condemnation. Chairperson Billig declared the public hearing closed. On motion of Commissioner Dovey, seconded by Commissioner Settle, to continue the Resolution of Condemnation to date certain January 3, 1984. Motion carried on the following roll call vote: AYES: Commissioners Dovey, Settle, Dunin, Griffin and Chairperson Billig NOES: None ABSENT: None ' 7:10 p.m. Parking Authority.adjourned, City Council reconvened in Regular Session, all Councilmembers present. 2. "SAN LUIS MALL (PD 1072) (File #416) Council held a public hearing to consider:amending the zone map to change the designation from Conservation /Open - Space- (C /OS -20) to Retail - Commercial, Planned Development (C -R -PD) and consideration of preliminary development plan for an enclosed mall shopping center located at 353 Madonna Road (continued from 8/16/83 and 10/11/83). City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 5 Toby Ross, Community Development Director, reviewed the Council agenda report and reviewed three primary issues: 1) background of the project and its chronology; 2) evolution of the proj.ect design; and.3) circulation and traffic. The chronology of events was outlined as.follows: 1) May through August 1982, Dillingham Investments talked with staff and city officials about the shopping mall. 2) November 9, 1982, Trojan Enterprises submitted.applications.. 3) December 14, 1982, staff certified application complete. 1 4) December 29, 1982, staff required a focused EIR and economic study. 5) February 7, 1983, applicant authorized preparation of EIR. . 6) April 25, 1983, draft EIR was distributed for public review.. 7) May 18, 1983, Architectural Review Commission reviewed the project conceptually indicating general support. 8) May 25, 1983, Planning Commission took testimony on the project and the EIR and continued item for additional information. 9) June 29, 1983, Planning Commission decided that the EIR would be adequate if it contained comments, responses, and summary of dis- cussion. Commissioners denied the general plan amendment and the PD rezoning. Action is appealed. 10) August 16, 1983, Council considered the appeal and reached consensus to: a) certify the final EIR with additions and corrections; b) approved the general plan amendment; and c) supported the PD rezoning provided it is reconsidered by the 1 ARC and Planning Commission. 11) September 14, 1983, Planning Commission considered revised plans and generally supported the reduced scale project and forwarded a list of concerns to Council. 12) September 19, 1983, ARC indicated general support for revised plans. 13) October 11, 1983, Council held an additional public hearing and: a) certified the EIR; .. b) approved the general plan amendment; and c) directed staff to revise the ordinance. Mr. Ross stated that amendments had been made and included approval of the planned development ordinance which would require the final development plan to come back to Council within six months. He stated the evolution of the San Luis Obispo Mall project design started with: 1) initial submittal of two anchor department stores of 80,000 and 60,000 sq. ft. at either end of a linear mall; eight freestanding buildings, including a theatre, with a total gross building area of 320,000 sq. ft.; parking in excess of 1,544 spaces and location would be parallel to Calle Joaquin. 2) The actual certified application was for two anchor department stores of 80,000 and 60,000 sq. ft.; freestanding buildings modified to six, no theatre with total gross building area of 333,000 sq. ft.; parking reduced for a revised total of 1,496 spaces. 3) Following a Planning Commission denial, the project was reduced in scope to include one anchor store of 80,000 sq. ft.; five freestanding buildings with gross building area reduced to 280,000 sq. ft.; parking reduced to 1,467 spaces, and mall location to be adjacent and crossing Calle Joaquin. 4) Following a second Planning Commission review, the project consisted of one anchor store of 74,000 sq. ft., plus auto service; four freestanding buildings with gross building area of 284,000 sq. ft.; parking reduced to 1,243 spaces, and mall location to be inte- grated with existing Madonna Center. City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 6 Mr. Ross then gave a visual presentation and stated that the larger tenant is near Sears, the smaller of the anchor tenants is closer to Madonna Road, the center being parallel to Calle Joaquin but with no physical linkage to the existing Plaza. By comparison he stated the current proposal was a somewhat smaller "half moon - shaped" proposal providing for additional pedestrian foreground, lining up the major anchor with two existing build- ings in Madonna Plaza, providing for bus shelter and more pedestrian area both inside and outside. He stated with this alternative, Calle Joaquin would no longer be a through road and access to the back areas would be via 1 an emergency access route which would.run from Zozobra and circles the project. Mr. Ross reviewed some of the circulation modifications and improvements required for the proposed San Luis Obispo Mall project as follows: 1) Shopping center developers assume maintenance responsibility for most of E1 Mercado (formerly Calle Joaquin) between Madonna Road and Highway 101. San Luis Mall developer to reconstruct the street as a private drive. 2) Developer to dedicate additional right -of -way and improve E1 Mercado at Madonna Road intersection, provide turn lanes, sidewalks, and traffic signs. 3) Developer to dedicate and improve and maintain additional right -of -way to widen Madonna Road along the project frontage and install median barrier to control turns. 4) Developer to dedicate additional right -of -way and improve Zozobra at Madonna Road intersection and provide turn lanes, etc. 5) 'Develop offered to dedicate and improve half of the width needed for extension of Zozobra .toward 101 so that it may.someday connect with Calle Joaquin via a frontage road along the highway. 6) Developer to pay for part of the cost of the new signal at El Mercado and Madonna Road; relocate signal to allow for road widening, pay for changes to the signal system needed to respond to new traffic patterns. 7) Developer agreed to pay-for part of the.cost of the signal at-Madonna Road and Zozobra if one is needed in the future.' 8) Site plan reserves space along Highway 101 that could someday be needed for ramps to an interchange at Prado Road.. 9) Site plan includes peripheral drive which will allow access to the highway side of Madonna Road Plaza with turns which would accommodate large trucks and firefighting equipment. 10) Developer offered to dedicate the private drive connecting E1 Mercado and Zozobra which would be built for commercial street standards. 11) Developer to provide shelter for bus passengers. 12) Developer agreed to pay for part of the cost of changes to the Madonna Road Highway 101 overcrossing to accommodate increased-traffic. Councilman Dunin questioned why deck parking was not considered. Councilman Griffin questioned-Condition-38-with regard to arriving at the proportional share for future freeway ramp modification. The condition only mentioned the overcrossing; not the interchange. He wanted to make sure that the traffic projection would include the,overcrossing as an equitable basis for determining what the proportional share might be. Councilwoman Dovey questioned Condition 51 with regard to the project tenant providing bus information, passes and tokens, how that would be enforced and what would happen if the employees chose not to use the buses. City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m.. Page 7 Toby Ross stated that the condition was a zoning enforcement.item..• If there was no interest by employees to use the buses, there would still be tokens available for those who were interested. It was, however, no assurance of ridership. Mayor Billig declared the public hearing open. Bill Bird, President of Trojan Enterprises and applicant, stated he was here to answer any questions Council might have. With regard to Councilman Dunin's question regarding parking, he stated they didn't really consider any deck parking for two reasons: 1) high cost and 2) shoppers preference not to park in a parking structure. He stated the 52 conditions were acceptable to him. With regard to condition 38 regarding the interchange modification, he stated the intent was to reach some type of agreement with the Engineering Department before the project begins and formulate some scope of cost and participation. He would be supportive of some type of voluntary assessment district that would make funds available to make improvements. He would be prepared to participate in the cost of adding a signal at Zozobra and Madonna Road. Councilman Dunin questioned Mr. Bird on Condition 8 with regard to dedicating an easement to the city in the future for a.possible freeway on /off -ramp at the end of Calle Joaquin if expansion occurs. Mr. Bird stated he did not have a problem with that. Chow Lun, 638 Chorro Street, #4, stated that the project had improved a little but he was still against the shopping center. He felt the downtown and Madonna Shopping Center as they exist now are in a balance. If San Luis Mall is approved, he felt the downtown would be killed. If the parking structure had been approved the mall would have been acceptable. If the project was not approved, there would always be another developer willing to build: He urged the Council to wait on the project until a viable parking solution is made for downtown. Doug Warschauer, owner of Et Cetera, stated that with no parking garage downtown, approval of the new shopping plaza would be the end of downtown. Merchants who depend on foot traffic or provide basics would have to move to one of the shopping centers or go out of existence. The Chamber of Commerce claims that tourism will maintain downtown. He felt the tourists only stay overnight in a motel, and are not downtown shoppers. San Luis Obispo would start to resemble LA in the worst aspects. He suggested: 1) Council prepare and offer tax concessions and parking modifications to lure large businesses downtown; 2) efforts made to get the Board of Directors of the B.I.A. and Chamber of Commerce to participate in meetings. Further, he would like to see both of these organizations have public discussion groups to debate the best solutions for parking, development, etc. He would hope the highly qualified technical community, including architects and business specialists of Cal Poly, would take a more active interest in the fate of the community. He would urge the Council not to make a hasty decision which would drastically change the conditions of downtown business life. Ken Porche, Sr., owner of Charles Shoe.Store and resident at 2760. E1 Cerrito, felt that some kind of a parking solution should be in the offing even though the parking garage did not pass. He stated that with.previous councils, the downtown business people were promised that no additional shopping center would be acted upon until a solution to the downtown parking problem was resolved. He was not in opposition to the new shopping center but was very concerned about the downtown community. He questioned what the developer vs. citizen costs would be. Toby Ross, Community Development Director, responded that two conditions provided the developer pay a portion of the costs: 1) the traffic signal at Calle Joaquin ($22,000); and 2) portion of the project that would involve some improvement of the Madonna Road overcrossing and on- ramps. This portion would be determined by the traffic generated by this project as compared to the overall traffic on Madonna Road. It was also possible that other developers in the Madonna Road area would pay a portion. Of the 12 improvements, the developer provides all of the expense of the work LJ C 1 City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 8 remaining, with the exception of Calle Joaquin signal and portion of over - crossing and on -ramps on Madonna Road. Chow Lun, 638 Chorro Street, #4, stated that ten Cal Poly architecture instructors had submitted a letter to the Planning Commission with regard to the mall and wanted the Council to be aware that they were against it. Mayor Billig declared the public hearing closed. Councilman Griffin stated there was a lot this community could derive from the Chamber of Commerce, B.I.A., professionals, Cal Poly and the City Council to make the downtown a healthy and vital portion of our community. He raas - committed to a comprehensive solution to the downtown parking problem. The circulation and traffic load along Madonna was going to cause problems; and for that reason, he would urge that an additional degree of phasing of the project be considered by Council for major square footage within the project. He stated that Council has to be sensitive to the impacts that are going to be occasioned by this development. He would like to see further discussion on the tire and battery store facing Madonna Road because he felt it was not an ideal place for that type of use., He also suggested alternative language for Condition 138 to give more flexibility and specificity to the calculation to projected traffic. Councilman Dunin agreed with Councilman Griffin in'that not only the Council but the community as well was responsible to downtown. He felt there was a lot of misunderstanding in the public eye with regard to any project because if people do not understand it, they will vote against it. .He expressed concern to the Police Department about developing traffic controls. Phasing should be instituted, especially since the parking garage was defeated. Circulation was the biggest problem and some miti- gating measures should be applied-. He would like the Council to include a 53rd condition with regard -to the dedication of the end of Calle Joaquin for possible future development of an on /off ramp. With those additions, he would support the project. Councilwoman Dovey stated she could not make the findings in the proposed ordinance. She was looking at it as a land use issue•at this point and felt the proposed zoning change did not promote public safety. Her largest concerns were traffic and circulation. She was opposed to any type of major development in the Madonna Road area which'would. generate more traffic in-an already bad situation. She felt it was premature to consider any kind of major expansion in this location until a complete evaluation was made regarding revenues, resources, etc. in the city. She didn't think a major retail project would bring in enough revenues to pay for the costs the city would incur. She would rather be biased.towards downtown now than be biased later on and have to deal with possible consequences of this project. Councilman Settle felt this project has been coming for about ten years and was not a sudden "discovery." In looking at a land use decision that would primarily impact the entire community, the Council must reflect the entire community and,not just one portion. When Madonna Plaza was built, it also impacted downtown which did recover. He felt the downtown would also be strong enough to recover this time. He was supportive of the proposed development plan on the understanding that-it would undergo considerable review and examination in the.next:six months before the final development plan comes back. He felt that if circulation had sufficient mitigation it could generate a positive influence. He would like to see the balance.of the community retained. Councilman Dunin felt the city Would'lose its market to surrounding areas without some kind of regional shopping center. The merchants in the downtown`should get together under the leadership of the Chamber of Commerce -and develop an approach to a regional shopping center. Mayor Billig supported:increased retail in the community. She stated she had not received sufficient answer since Council-looked at the EIR regarding cumulative impacts of circulation as well as impacts of all of the C -R projects that are currently before the city. Although some loss of trade City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 9 has gone to other communities,.a.tremendous. amount of commercial retail expansion, i.e., Foothill Shopping.Center, Madonna Plaza, Laguna:Village, as well as this proposed project and projects downtown are underway. Other communities were rapidly seeking commercial retail development and she felt San Luis Obispo had a tremendous amount of proposed square footage commercial growth and wondered if the community could support all of this. She agreed that circulation was one of the primary problems with this area even before this project came into being. She felt very strongly about physical and design integration with regard to this project. Phasing might be a possible solution and a benefit to the existing retail merchants in Madonna Plaza and the downtown. She agreed with Mr. Griffin that the location of the tire and battery store should not face Madonna Road and mature landscaping would help take care of scale and starkness of the project.. She would like to see a shuttle service at Madonna Plaza, Foothill and downtown included in the conditions for at least two years. By having a more innovative approach to parking there was an opportunity for further expansion of:the center when there was availability for more commercial retail. .It should not be asphalted over without any provisions for long -term planning. Bill Bird stated that decking could come in as a later development if there was a need for more parking.. The .Tire, Battery and.Accessories.stor.e was located where it is was because it seemed to fit best in relationship to the various entrances into the store and there was a parking pocket in this area and with:proper landscaping across the front of it, most people. wouldn't notice. It was relocated in response to Council.request. It could be redesigned to the south rather than Madonna Road: With regard to mature landscaping, he stated that.under staff recommendations.there was a provision requiring mature - boxed.trees interspersed with the landscaping. He would agree to.have mature trees .throughout the entire project. With regard to the shuttle service, he stated he had made the commitment to participate but felt he should not be totally responsible for paying for it. This was something that would-benefit both the downtown merchants'as well as this center and should be on an.equal -pay- basis. He had no problem with sharing the cost of the installation of a new traffic signal if needed. Pads could be used as part of a phasing element. He suggested 20,000 sq. ft. as a phasing number, work with it and bring it back with the final development plan. Councilman Dunin stated that the concern by Council was with the impact on the downtown. Twenty thousand sq. ft. would not seem to make a significant difference. Phasing needed to be such so as to stretch the opening date of the mall so the impact on the downtown is not instant but is able to adjust gradually. Mr. Bird stated that the project would.not be open until.late 1985 and would probably open with 50 percent of the stores in place. He felt this would automatically create some phasing. 9:50 p.m. Mayor Billig declared a recess. 10:10 p.m. City Council recon- vened, all Councilmembers:present.. . . . Council then went.through the conditions page by page and reached consensus as follows: Condition 8. Added final sentence to read,-Location to.the satisfaction of the Architectural Review Commission and City Council with particular attention to exposure from Madonna Road, E1 Mercado and the private drive between E1 Mercado and Zozobra." "Parking for about 1,200 cars, with convenient motorcycle and bicycle parking, as required by the Zoning Regulations." Revised Condition 9 as follows: "The design of the buildings shall be unified with the existing and proposed buildings at Madonna Road Plaza, through design, building orientation and physical location, and with provision for covered pedestrian circulation to the.approval of the Architectural Review Commission and City Council." 1 ;a City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 10 Condition 14. Added to end of condition, "...and shall include city and area bus system information." Condition 16. "Existing mature trees along Highway 101 shall be retained. The areas shall be planted and maintained to the satisfaction of the Community Development Director." Condition 18. "...Box specimen trees shall be interspersed.with sapling trees throughout the entire project.' Condition 30. Add to last sentence, "...100% of the estimated cost of modifications or additions to the signals..." Add Condition 30A to read as follows, "Applicant shall offer to dedicate right -of -way to accommodate future freeway access to the satisfaction of the City Engineer." Condition 38. "Prior to issuance of construction permits, applicant shall offer a formal arraneement for acceptance by the Citv Council to participa in paying for changes to the Madonna Road interchange at Highway 101. Participation shall be based on a proportional share of the traffic load created by the San Luis Obispo Mall through the interchange area under an eouitable formula established by the City Engineer." . Condition 49. Add to last line, "except that lighting for security will remain on." Condition 51. "Project tenants shall provide.(a) mini - shuttle service for one-year tb be financed by the developer. Shuttle.service to'be on a reeularly- scheduled basis between the Madonna Road shopping area and the downtown;..." Condition 53 revised to add additional sentence as follows, "The project shall be phased so that at least 30,000 square feet shall not be occupied prior to June 1, 1987." On motion of Councilman Settle, seconded by Councilman Griffin, to introduce the ordinance to print as amended in synopsis form. Introduced to print in synopsis form on the.following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: Councilwoman Dovey ABSENT: None 3. RESCINDING URGENCY MASSAGE ORDINANCE (File 41704) Council held a public hearing-to-consider rescinding Urgency Ordinance No. 996 establishing a moratorium on licensing massage establishments. Roger Picquet, City Attorney, reviewed Council agenda report and stated that the urgency ordinance was being requested to be rescinded so that two current applications could be processed., If the massage licenses are, issued and the new ordinance is:adopted, the operators have six - months in which to comply with the ordinance. Councilman Dunin questioned if the two licenses were granted, what would happen with other applicants in the meantime. Mr. Picquet stated that new massage license applicants between now and December 13 would be told of the pending ordinance and the normal proces- sing time would probably not occur prior to final ordinance adoption. Mayor Billig declared the'public hearing open. City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 11 Steve Hawley,-licensed Massage Technician and representing the core group of technicians that had been working with the,Police Chief and City Attorney, stated they were in agreement with the Attorney and his recommendation. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, to rescind Ordinance No. 996 establishing a moratorium on licensing of massage-estab- lishments. 1. Motion carried on the following roll call vote:. AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 4. APPEAL OF PLANNING COMMISSION ACTION -.BED AND•BREAKFAST UP.(A9.7 =83) (File 41407) Council held a public hearing to consider an appeal by Sharon Castle of a Planning Commission action denying request to allow two bed and breakfast units in a house located at 1826 Chorro Street; R -2 zone. Toby Ross, Community Development Director, reviewed Council Agenda report and stated that the Planning Commission on a majority vote to deny request for a bed_ and breakfast use. ..The request was fora predominately single- family dwelling which contains a one - bedroom rental unit for overnight accommodation and a detached garage with an:upstairs unit which is a legal non - conforming rental unit. He stated the site was adjacent to an illegal fraternity and in a general residential area zoned R -2. Staff recommendation was to deny the appeal with Council to make findings that a bed and breakfast is not an appropriate temporary use in an R -2 zone. Councilman Griffin questioned the nature of the entitlement that goes with a temporary use permit. Mr. Ross stated that temporary use permits are available in the zoning ordinance for uses which would not otherwise be allowed within a zone. Temporary uses are allowed by an administrative permit because the use is temporary and often seasonal, i.e., Christmas tree sales, circuses, off -site training facilities, etc. Mayor Billig declared the public hearing open. Sharon Castle, 1826 Chorro Street appellant and owner of the property, stated that most of the "people that had come'to the meeting on behalf.of her appeal had already left. She wanted her bed and breakfast to be an approved facility and something that the city could be proud of as well as herself. It would add to the city's tourism. She had lived in Old Town since 1980 and her experience shows it to be a changing neighborhood. An informal guest house should not be considered an Inn:. She did not feel anybody in'the neighborhood was being imposed on. A study-should be conducted to provide some reasonable regulations for bed and breakfast units.: The Chamber of.Commerce was doing a study on how many calls they received for bed and breakfast rooms available in the city which indicated there was considerable public interest in bed and breakfast inns. She urged the Council to let her operate for at least one -year with review after that time. Upon question Mrs. Castle stated.that she did not collect bed taxes from her tenants presently but would if required. Dave Hannings President of the Old Town Neighborhood Association, stated that the Executive Board of the Old Town Neighborhood Association held a lengthy meeting on this issue and found that if bed and breakfast inns are L 1 City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 12 to be allowed in the residential zones, then they should meet the following restrictions: 1. One parking space per rentable room and two for the owners. 2. Inn shall be owner occupied. ' 3. The inn should be in scale with the neighborhood and limited to three or four rentable rooms. 4. The inn shall not be allowed any identifiable sign. 5. A use - permit shall-be-required for all inns in residential zones. 6: The Architectural Review Commission shall review all parking plans and landscaping. The Association strongly objects to asphalt backyards. He would not like to see bed and breakfast inns'in residential zones. Don Smith, 1111 Vista Del Lago, agreed with the previous speaker and felt to allow such inns in residential zones would jeopardize the quality of life and lower the standards for all uses. He felt Council should protect Old Town and follow'staff recommendation. Don Cutter, 2174 Beebee Street, stated that bed and breakfast inns are commercial and as such degrade residential areas. Visitors cannot be limited from coming home with someone else or at a late hour. Penny Rappa 1435 Broad Street, felt that the requested use in a residential area was not appropriate. She urged the Council to deny appeal and uphold staff recommendation. Jim Wigman 844 Upham Street and living next door to the bed and breakfast, stated he had evidenced no problem with parking by the tenants. Wallace Stone, living across the street from Sharon Castle, stated that the parking problems are mostly on weekends and from students that live near ' the area. He urged Council to look into bed and breakfast inns and consider allowing such uses in appropriate areas. Mayor Billig declared the public hearing closed. Councilman Griffin was concerned that Old Town be protected. The establish- ment as a commercial operation needed to be addressed by Council for its regulation in residential zones. He could not at this point uphold the appeal but suggested this item be continued for 60 days to date certain with direction to staff to recommend some zone standards to be applied as he felt this may have some,merit: Councilman Settle agreed and.stated that staff should.investigate this type of regulation and develop some standards. He could not uphold the appeal but was interested in exploring the broader uses. .On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following resolution was introduced: Resolution No: 5254 (1983 Series), a resolution of the Council of the City of San Luis Obispo.denying the appeal and upholding the decision-by the Hearing Officer. Passed and-!adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None Councilwoman Dovey felt this could be precedent setting and become a•, regular housing use. Other communities like Santa Barbara were already finding problems and had adopted moratoriums. The City of San Luis Obispo did not need this kind of problem. Councilman Dunin felt that a severe housing shortage in the city already existed and he would, therefore, not wish to encourage reduction in the City Council Minutes - Tuesday, November 15, 1983 - 7:00 p.m. Page 13 city's housing stock. He stated the quality of life of the-people living in the area should be protected and felt it would have a disruptive affect on the night life in the R -2 zone. This area was not equipped to provide parking and would create a circulation problem. He had no objection to bed and breakfast inns in tourist -zoned areas-but felt a closer look at home occupation•permits was needed to'Ve sure neighborhoods were not compacted by commercial activities. Councilman Settle supported the idea of bed and breakfast inns in commer- cial zones and felt neighborhood areas should be, preserved.. He would like staff to investigate some alternatives. • On motion of Councilman Settle, seconded by Councilman Dunin, to direct staff to propose possible development standards for bed and breakfast uses in R -3 and R -4 zones. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None On motion of Councilman Dunin, seconded by Councilwoman Dovey., to direct staff to review and make-recommendations on standards concerning home occupation permits in R -1 and R -2 zones. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: Norte ABSENT: None 5. STREET SUFFICIENCY STUDY (File 4531) Council considered approval for staff to negotiate with Curtis - Herriman Engineering Consultants to prepare a street sufficiency study including a five -year maintenance plan estimated to cost $35,000. Dave Pierce, Transportation Manager, reviewed Council agenda.report,'and stated that this project would accomplish: .1) a.rating system.for comparing street conditions; 2) develop a maintenance program that is as cost - effective or more so than our present program; 3) provide a listing of all city streets indicating relative conditions and need for.maintenance;.4) provide a cost to bring all streets to standard condition; 5) train staff to monitor street conditions and provide annual updates; and 6) provide a five -year maintenance program to guide project selection and budgeting: The city would be buying computer software and training to use that software. Staff was recommending Council direct staff to negotiate a contract with Curtis- Herriman Engineering Consultants to prepare a street sufficiency study and a five -year maintenance plan for the city. The five -year main- tenance plan entailed taking a look at'all streets, projecting the deterior- ation over the next five years and putting together a list of projects over a five -year period. It would be a one- time.program at a'one -time cost. Every year an updated print of the five -year program would be prepared by staff. Mayor Billig opened the meeting for public comment. No one spoke for or against the proposed street sufficiency study. Mayor Billig closed the public portion. Councilman Settle appreciated the desire -of staff wanting to have a computer system but could not see spending $35,000 for a study he felt staff already had the expertise to produce. Councilman Dunin felt the streets had been in good.repair up until a few years ago and the money would be better spent to repair the streets. 1 1 City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 14 Councilman Griffin felt this was an opportunity to improve the life of streets and provide on an evaluation program that would save dollars in the future as well as extend the value of the.streets. He would suggest an internal mechanism for training new staff when the system was installed. Mayor Billig was pleased to see this study finally come forward and felt it would provide a much better long -term handle on the street system. On motion of Councilwoman Dovey,•seconded by Councilman Griffin, to authorize ' staff to negotiate with Curtis_ Herriman Engineering for preparation of a street sufficiency study. Motion carried on the following roll call vote: AYES: Councilmembers.Dovey, Griffin.and Mayor Billig NOES: Councilmembers Dunin and Settle ABSENT: None 6. EMERGENCY SERVICES (File #1046) Council reviewed a resolution establishing city policy and action plan for emergency services. Paul Lanspery briefly reviewed the Council agenda report and stated that other considerations had come up in the past six - months to include: 1) Police Department concerns'over increased calls for services associated with the-homeless; 2) complaints and petitions from Mitchell Park area residents concerning unacceptable levels of homeless in-or near the park; 3) the recent relocation of the People's Kitchen into Mitchell Park. The draft resolution had not been reviewed by the Human Relations Commission as it was intended more for staff to inform Council of the overall problem and a recommendation on a policy and action plan. Steve Henderson, Human Relations Commission Coordinator, stated that a year ago Council had directed staff and the Commission to take a look at the dilemma of:the homeless. This began with some clarification between the services of .the Salvation Army and the.People's Kitchen. Council had two .research documents in their packets that conclude statistically that the problem of homeless individuals exists locally. There was also a corres- pondence from Chairperson Vasconcellos outlining the findings of the Commission's research into the magnitude and scope of the problem. He also noted the correspondence from Crime Prevention Officer, Mr. Seybold, illustrating the relationship between the local transient population and an increase in, crime. He stated: 1) the Commission had directed its energies towards assisting four separate groups of individuals and families character - ized as chronic street people, a•transient population, a population that is unemployed or underemployed and the new poor. 2) Research of other shelter programs in the State.revealed that in any successful program that dealt with the plight of the homeless, they needed the assistance and the commitment of business and community leaders. They did not feel it was a municipal responsibility solely but-rather a cooperative effort. He felt the Commis- sion had completed its task as assigned and were looking for further specific tasks that Council may wish them to conduct. Mr. Henderson stated that he and--Joseph Kasparowitz, Commission Vice- Chairman were available for any questions. Mayor Billig opened it up for public comment. Joseph Kasparowitz, Human:Relations.Commissioner, stated he was in support of the proposed resolution but could not speak for.the entire Commission as they had not been seen the proposal. David Smiley,- 2363.Leona Street and representing -the Ministerial Associ- ation, encouraged Council to approve the.proposed resolution. He felt it was a significant step and he and.the Association would be willing to commit themselves in working with the city. City Council Minutes Tuesday, November 15, 1983 — 7:00 p.m.: Page 15 David Hannings, 1904 Broad Street and President of Old Town Neighborhood Association, stated that the Association has been very concerned with the problems in Mitchell Park. Section 3 of the .proposed resolution mentions that the city declares that its public parks are not suitable or adequate locales within which the homeless may establish residence, nor within which ongoing social services or agencies shall provide direct services. The reputation was becoming that the city was providing free food which in turn was attracting transients. Mitchell Park was a neighborhood park with facilities for children and senior citizens. The transient population would inhibit neighborhood people from using the park. He would be inter- ested in the ordinance that would be forthcoming regulating the use of city parks and limiting the hours parks are open. Dave Garth, Executive Director of Chamber of Commerce and speaking on behalf of the Chamber, stated they were very concerned and would like to be a part of any task force that may be formed. The problem had grown much more serious and was affecting downtown business and other areas. If people were not comfortable in a particular area, they would not shop there. It had been his experience that these kind of services (i.e. soup kitchens) should be provided with tremendous caution. When the needy are provided with more services there are more people requesting them.' He cautioned the Council not to get involved in programs offering more services to the needy. He felt this was not an answer to the problem. Yosef Tiber, Rancho Drive, stated it was necessary and proper that the city take care of its residents who are in need, however, he -felt a.soup kitchen in a public park that is open to transients may not only-solve problems but could create greater ones. He had observed the noon —time free lunch on more than one occasion and saw from 11 to 30-people congregating near the children's playground. These people were typical vagrants, some.were.drunk or under the influence of drugs. He had even been approached for a cash handout.. Most people did not feel safe bringing their children to the playground. Our city was becoming known in the wrong circles as a place where a free meal could be obtained while going up and down the - coast. He ' felt there was an obligation to the citizens of the city to make the park a safe and secure place again. Kathy Crivello,'1176 Pismo Street and speaking on behalf of the residents in the Mitchell Park neighborhood, stated they were.concerned with the, increased transient population that had congregated in this neighborhood. Trespassing, panhandling, -and petty theft were frequent occurrences. Parents were reluctant to bring their children to the park even though it was one of the nicest play areas -in the city. Senior Citizens had expressed feelings of fear and intimidation when using the Senior Citizens Center. They felt an essential step in making the park into what -it used to.be would be to close the park at night. In conjunction with closing the park at night, they recommended that the People's Kitchen-be investigated as a contributing factor to the increase in'the transient population in that area.. It was their feeling that serving food in the park had compounded the problem and hoped the People's Kitchen could be relocated to a more suitable location. . Eileen Cavalier, with the People's Kitchen, read the following two letters into the record: (1) "The People's Kitchen began in August, 1982 when a group of concerned citizens began to notice the increasing number of. people that appeared to be homeless and hungry on our streets. After over a year of serving; we have more than confirmed that there was indeed a great need in this community for the services we presently provide. The Majority of the people we serve today, we were serving a year ago.. In otherwords,.though these - people have no address in San Luis Obispo, they are residents here. . We have received generous support from within this city. Several thousand dollars have been contributed.from numerous . individuals, churches, and associations. Food has been donated, as well as volunteer time. City Council Minutes Tuesday, November 15, 1983 — 7:00 p.m. Page 16 At the moment we are serving in Mitchell Park: This seems to be causing some consternation. Please let me assure you that we'do not want to be serving there either,.that we consider Mitchell Park a temporary location. When the agreed upon time came for us to leave the Seventh Day Adventist Church, we put out an appeal through the Ministerial Association to locate another -spot.'--They have been very.supportive and we are still researching with them a couple of likely places. We well understand the concerns put forth by the staff, but until we find a better location than Mitchell Park, where'can we go? We would ask that you not shut one door to-us without opening another. If you decide that we must leave the park before we have arranged to move ourselves; we ask that you consider where we can go. Signed Ilene Cavalier." (2) "This Letter is written to clarify the relationship between the People's Kitchen and .the Seventh —day Adventist Church. I wish to reaffirm what has been previously published in the paper. The Church and the People's Kitchen came to a mutual decision to reduce use of our facility. At'present the Kitchen stores their food and.prepares an'occasional meal in.our facility. They stopped serving in our facility in late September. The reasons for this reduction were due to overlapping of schedules and the emerging fact that the facility was not equipped for everyday use. The People's Kitchen was not dismissed from the.facility as some are seeming to imply. The Seventh -day Adventist Church continues to support and assist this.service to our community any way in which we are able. Signed Stephen B. King. Pastor.; San Luis.Obispo. Seventh- day.Adventist Church -." She did not feel anyone should restrict anyone else from assembling together. By providing these services she did not feel there were more people taking ' advantage'of it: Even if the People's Kitchen were to relocate, people would still congregate together in the park regardless. Councilwoman Dovey. questioned what some of Eileen's observations were in regard-to 'drunkeness and panhandling. Ms. Cavalier stated that the People's Kitchen should not be held responsible for the patrons behavior. Occasionally, people had been drinking, but her personal experience wa's� that she had never seen any of them being obnoxious or falling down drunk, nor had she been solicited for money. The People's Kitchen rarely serves meat and currently.were serving vegetarian soup and a bowl of beans. -Only the needy would come for this kind of meal. Councilman Dunin.questioned if she felt: the children and.other people in the neighborhood had reason to fear these transient people., Ms.:Cavalier stated these people were,very courteous and warm and she had no fear of them. Toriy Gosmin,.mother of-four.and a volunteer of the People's Kitchen, stated that she knew-the men and women-she.serves and feels very:comfortable in the park with these people: On several occasions she has even brought her children to the park and they are comfortable too. Hed Benjamin, 472 Buchon, stated that he has worked with alcoholics and street people for a number of years. In his experience people who are alcoholics and living in:the.street are going to drink but they still need to eat: An alcoholic person getting food at least once a day is certainly less of a threat to society than one who is just drinking alcohol. The service - provided by the People's Kitchen is a benefit to the community and should not be'.looked at as something-harmful-..:People become desperate without-food. -As one of the original.organizers of .the People's Kitchen, he stated that Mitchell Park was chosen because they had nowhere else to serve. These people had been hanging out in Mitchell Park for years, long before the People's Kitchen. City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. ' Page 17 Linda Peterson, 1251 Buchon, stated that the transient population had changed quite.a bit. She feels very- threatened and she speaks for her neighbors as well. She would like to see the -park returned to the. residents.. Don Cutter, 2174 Beebee,.felt-that the document Council had was a good one and addressed some very important issues.. He urged the Council to adopt the resolution. Hank Apfelberg, 1415 Cazadero and member of.the HRC, stated this is more than just People's Kitchen -vs. Mitchell Park residents,.it is a community problem. He'-did-not feel the People's Kitchen created the.problem,but supported the resolution: He mould not like to see the Police Department take this as a mandate to evict everyone in Mitchell.Park.and the People's Kitchen until the problem could be resolved. Joseph Kasparowitz supported the document and the establishment.of,the task force. - Don Smith 1111 -Vista Del Lago,.stated that the Board of Supervisors had closed off Oceano State Park until May because it was being used for homeless which - resulted in.increased. crime. He.would urge the Council be very careful in this regard. Mayor Billig closed the public portion. Don Englert, Police Captain, stated.he was available for any questions Council may have. Upon question by- Councilman Griffin, Steve Seybold stated:that.to. his knowledge the Police Department had not received any calls from the People's Kitchen. Mayor Billig requested that the following.letter from Dora and Albert- Harter be acknowledged for the record: "Dear Mayor Billig: As we are unable to attend the City - Council meeting on Tuesday, November 15, 1983, we would like through this letter to express our objections allowing transients or anyone else permission to sleep overnight in Mitchell Park. As residents of 770 Buchon Street for -25 years,.we.have . noticed in recent months a marked increase of what appears -to be transients going past our home i We have had three. incidents (the first in 25 years) occurring in recent months; two thefts and one incident of a person (unknown to us) sleeping in.our side yard. One of the thefts was reported to the police as was the incident of the•person sleeping in the yard. The other theft was not......-., reported to the police. - Early morning walks have been discontinued because of shouts.. of "hey lady" and others that were not recognized. . It appears that the town of San Luis Obispo.has been marked so that every transient in the state and perhaps the country knows it as a city of free bed and board. Thank you for your attention to this matter. Sincerely, Dora L. and Albert C. Harter.. ". 1 Steve Seybold, Crime Prevention Officer, stated that the impacts of-transi- ents in the Mitchell Park area was summed up in a memo dated June 10, 1983, (attachment -D) which.was.included in the packet. This memo summarizes petitions that the Police Department.received and the problems that have been experienced!in relation to transients sleeping in the park overnight and public intoxication and reports of transients bothering children-.in the park area. City Council Minutes Tuesday, November 15, 1983 - 7:00 p.m. Page 18 Don Englert, Police Captain, stated there have been complaints about transients walking through Mission Plaza. He suspected that some of those people from Mitchell Park were the same people causing similar problems elsewhere in the city. The Police Department feels that the People's Kitchen does contribute to the increase in transient people. Councilwoman Dovey felt many people thought the Police attitude was a negative attitude because of the nature of their work. She then read a sentence of the Human Relations Commission Report from the Police Depart - ment to the HRC as follows: "We will support a practical program that consolidates resources, properly evaluates, user needs and supervises screening and reporting on program users. With such a program, community safety and human services needs can be realistically achieved." She would -- like to see someone from the Police Department on the task force. Councilman Settle stated that after review of both draft resolutions he preferred the revised version by Councilman Griffin but was concerned that the city parks not be used as sleeping areas. He was also concerned with the relocation of the People's Kitchen. He had no problem supporting the task force with members of the Police, Chamber and others involved in this function. Councilman Dunin felt the city had a responsibility to both the community at large and to the people who are in trouble for one reason or another. The council should get involved in the resolution of this problem. He supported the draft resolution and the task force as presented by staff. Councilwoman Dovey preferred the resolution as drafted by Councilman Griffin because of the wording and format changes. Councilman Griffin stated he had some difficulty with the title: 1) he felt it was too premature to establish policies; 2) characterizing the resolution as some kind of action plan. The outcome of the task force may ' lead to an action plan but should not be characterized in the resolution now. Councilman Dunin felt we were paying staff to prepare resolutions and he didn't support redrafting of resolutions After brief discussion and on motion of Councilman Dunin, seconded by Mayor Billig, the following resolution was introduced: Resolution No. 5255 (1983 Series), a resolution of the Council of the City of San Luis Obispo estab- lishing city policy and action plan for emergency services with amendments to add emergency human services to the title and add "Whereas the City has received complaints from the business community." Passed and adopted on the following roll call vote: AYES: Councilman Dunin, Mayor Billig and Councilman Settle NOES: Councilmembers Dovey and Griffin ABSENT: None C O M M U N I C A T I O N S Councilman Dunin reported on meeting with representatives from the California Mens' Colony concerning city use of inmates help on various project, i.e. floods, creeks, and parks. Suggestions to be forwarded to the City Admini- strative Officer or himself. 12:25 a.m. Mayor Billig adjourned the meeting to Closed Session to discuss Personnel /Litigation matters. 1:30 a.m. City Council reconvened in Open Session, all Councilmembers present. City Council Minutes Tuesday, November 15, 1983 — 7:00 p.m. Page 19 There being no further business to come.-before the Council,-Mayor Billig adjourned the meeting at 1:30 p.m. to Tuesday, December 13, 1983, at 7:00 P.M. APPROVED BY COUNCIL: 2/7/84 ..Respectfully submitted, Sh n Turner, Recording Secretary G.yn _ mela Voges, C y.Clerk M I.N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO. TUESDAY, DECEMBER 69 1983 — 4:00 P:M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: GlennaDeane Dovey,.Ron Dunin and Allen K. Settle Absent: Robert Griffin and Mayor Melanie C. Billig City Staff .:Present: Paul Lanspery,.Administrative Officer; Roger.Picquet, City Attorney; Ann Crossey, Personnel Director; Geoff Grote, Assistant Administrative Officer; Roberta Goddard, Finance Director Others Present: Don Becker, Consultant Vice —Mayor Ron Dunin presiding. 4:10 p.m. City Council adjourned to closed. session to discuss employee negotiations and litigation matters. 4:15 p.m. Councilman Griffin arrived at the meeting. 5:50 p.m. City Council reconvened, Mayor Billig absent. There being no further business to come before the City Council, Vice —Mayor Dunin adjourned the meeting at 5:50 p.m. to Tuesday, December 13, 1983. P mela Vo es:; ity Clerk APPROVED BY COUNCIL: 3/20/84 1 1