HomeMy WebLinkAbout05/18/1999, 1 - ADDENDUM TO DECEMBER 15, 1998 AGENDA REPORT - APPEAL OF SIDEWALK REQUIREMENT AT 1480 ELLA STREET. council
j ac,Enaa Report
CITY OF SAN LU I S O B I S P O
FROM: Michael D. McCluskey, Director of Public Works
Prepared by: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Addendum to Decemberl5, 1998 Agenda eport-Appeal of sidewalk
requirement at 1480 Ella Street.
CAO RECOMMENDATION
Review the additional analysis requested by the City Council; affirm that the sidewalk
must be installed per City regulations; adopt a resolution denying the appeal.
DISCUSSION
Background
This is a supplement to the attached December 15, 1998 agenda report [Attachment 31. The City
Council had continued this item to January 19, 1999 in order for staff to provide an exhibit that
shows existing trees and any effects associated with the sidewalk installation, based on concerns
expressed by the appellants. The development plan submitted by the project architect has been
"modified" by staff to more accurately reflect the tree locations and building setbacks, as
measured from the street right of way lines. (Attachment 1) A tabulation showing tree species
and their disposition and photos has also been prepared. (Attachment 2)
The appellants requested an"indefinite postponement"at the January 19th public hearing, due to
their uncertainty in completing the remodeling project. However, the Council agreed to continue
the hearing for a maximum of 90 days. On March 29 , the appellants requested further
consideration of the appeal. The Council, by motion, set this date at their April 20te meeting to
continue the public hearing on the item.
Supplemental information requested by City Council
There is an existing driveway ramp adjacent to the northerly property line along Fixlini St. that,
under City regulations, must be replaced with standard sidewalk as a building permit condition,
since the driveway does not serve as access to a legal parking space. An existing patio and fence
have rendered this driveway unusable. The existing driveway on the Ella St. frontage will also be
replaced as a condition of the building permit, due to Americans with Disabilities Act (ADA)
access requirements, existing defects and necessary widening to accommodate the modified
garage location. Thus of the total 200 feet of frontage the applicants will be installing 22+/- feet
of new driveway/sidewalk on Ella and 13+/- feet of curb/gutter/sidewalk on Fixlini. The
applicants are, in essence, asking the City to waive the requirement to build 165 (200-35) feet of
sidewalk.
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Council Agenda Report—Sidewalk appeal- 1480 Ella St.
Page 2
Tree Issues:
Fixlini Street. As stated at the December meeting, there are two existing Eucalyptus trees close
to the curb that would have to be removed in order to build a City Standard "integral" sidewalk.
These two trees have been recommended for removal by the City's arborist when the sidewalk is
installed, due to the specie, condition and location of the trees. An alternative would be to
construct a 4 ft.-wide"detached" sidewalk near those trees. This would save the trees and make
the sidewalk compliant with future ADA regulations, however, both trees are in declining health
and will need eventual replacement.
Ella Street. There is one tree which is on this frontage, a Jacaranda tree, which is in good health
and would be affected by installation of a standard integral sidewalk. However, staff feels the
sidewalk could be narrowed to 4 R wide(integral with the curb)adjacent to the tree for about ten
linear feet to protect the tree and still provide an adequate sidewalk and meet ADA requirements.
The hedge must be removed in any case and could be replanted along the back of sidewalk.
ATTACIiMENTS
1- Modified proposed project plan
2- Photos& Tabulation(2 sheets)
3- Council Agenda Report of 12-15-98
4- Copies of applicant-supplied documents at December15, 1998 meeting
5- Council minutes excerpt(Item 5,December 15, 1998)
I:/Council Agenda reports/Continued sidewalk appeal-1480 Ella
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December 15 1998
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CITYOF SAN LUIS O B I S P O
FROM: Michael D.McCluskey,Director of Public o
Prepared By: Jerry Kenny,Supervising Civil Engineer
SUBJECT: Public hearing to consider an appeal b Judy and Donald Philbin to defer the
requirementto construct sidewalk improvements at 1480 Ella Street
CAO RECOMMENDATION
Adopt a resolution denying the appeal and requiring the property owners to install standard
sidewalk improvements along both street frontages.
DISCUSSION
Background
The appellants have applied for a building permit to remodel their residence at 1480 Ella Street
(NW comer of Fixlini - Attachment 5). The valuation of the improvement is $98,000, which
constitutes a "substantial remodel' under City regulations and thus requires the completion of
frontage improvements per City regulations. Specifically, the regulations require these
improvements"...when an existing structure is altered or expanded in excess of 50% of the value
of the existing structure,as determined by the Building Official' (Attachment 7 - Municipal Code
Sections 12.16.050 & 17.60.060). Curb and gutter already exists on both frontages, so only
sidewalk,a curb ramp at the intersection and driveway ramp modifications to meet current ADA
requirements are required to meet City code requirements.
Request for deferral
The appellants have requested to defer the installation of sidewalk to a future date(Attachment 6).
If approved,a covenant would be required that would provide for the installation when called due
by the City,which would be recorded against the property and would"run with the land". Deferral
of all or a portion of these requirements is authorized under the above-referenced code section,
subject to a joint finding by the Public Works and Community Development Directors that"...they
will cause extreme hardship or serve no useful purpose".
Although not referenced in the letter, Mr. Philbin asked staff if other nearby remodels on Fixlini
and Iris were not required to install sidewalks or if they were allowed to defer them with covenants.
Staff researched the projects at 1439 his, 1867 Fixlini and 1959 Fixlini and found that those
projects did not constitute"substantial remodels" under the regulations,per valuations listed in the
building pennnit files and thus were not subject to requirements to install these improvements.
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Council Agenda Report- 1480 Ella St.Sidewalk Appeal
Page 2
Existing sidewalks in neighborhood
In this case, sidewalk exists along the frontages of the 2 parcels adjacent westerly of the subject
parcel - except for about 50 ft. near Johnson Avenue. Across Ella St., about 50% of the frontage
have sidewalks in this block. There are a few other portions of sidewalk in this neighborhood,but
essentially, they do not provide for continuous pedestrian travel as shown in Attachment 4.
However, if the sidewalk were completed at this location, it would provide added pedestrian
accommodation to and from Johnson Avenue.
History of granting covenants
Until recently, covenants deferring these conditions have been approved by staff, usually in the
older subdivisions,where the adjacent properties do not have sidewalks. However,staff has taken
direction from Council goals that the City be made more "pedestrian friendly" and an emphasis
placed on constructing new sidewalks in areas where none now exist. As a result, no covenants
have been granted by the Community Development Director and the Public Works Director in over
two years. Thus,when property owners do not agree with the requirement,their only recourse is to
appeal the condition to the City Council. (Recently,the City Council heard appeals on Penny Lane,
Loomis Street,and Santa Maria Street).
Granting covenants puts an added burden on staff to monitor and notify property owners to
complete installation of the improvements at a future date. In many cases,a property owner may
not be financially able to comply at that time. On the other hand,a major project such as this one
would typically be financed and it would be logical to include it in a loan.
An additional burden is placed on staff and the City Council in the preparation of staff reports and
holding of public hearings on appeals,such as this. In the past,staff would not authorize deferral of
frontage improvements when there was a need and logic for the installation. In this case,staff feels
the logic is apparent in that pedestrian access can be enhanced,especially along Ella Street.
As previously mentioned,the Council has put new emphasis on sidewalk installation by adopting
City goals to increase pedestrian access and specifically by: a) increasing the budget for sidewalk
repairs by staff;b)creating a budget for contract sidewalk repair,c)creating a budget for 1911 Act
new sidewalk installations(since amended to become a new sidewalk installation project);and d)
directing that staff prepare a staff report for Council consideration to install new sidewalks on
Chon o Street,between Murray and Rougeot Streets.
CONCURRENCES
The Community Development Director and City Attorney concur with the recommended action.
FISCAL IMPACT: None
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Council Agenda Report- 1480 Ella St.Sidewalk Appeal
Page 3
ALTERNATIVES
Option 1:
Adopt a resolution upholding the appeal for the Fixlini Street frontage only, since there are
currently no adjacent sidewalks along that frontage, and authorizing recordation of a
covenant to postpone sidewalk improvements along the Fixlini Street frontage to a future
date when called due by the City.
Option 2:
Adopt a resolution upholding the appeal and authorizing the recordation of a covenant to
postpone sidewalk and curb ramp improvements to a future date along both frontages,when
called due by the City.
Attachments
1) Draft resolution denying appeal
2) Draft resolution upholding appeal only along Fixlini St.
3) Draft resolution upholding appeal
4) Vicinity Map-showing existing sidewalks
5) Proposed project-site plan
6) Letter from Judy and Donald Philbin(11-16-98)
7) Municipal Code Sections 12.16.050& 17.60.060
FA AgendakAppeal of sidewalk requirement-1480 Ella St
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RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL TO POSTPONE SIDEWALK IMPROVEMENTS ALONG THE
ELLA STREET AND F XLINI STREET FRONTAGES OF 1480 ELLA STREET
WHEREAS, the City Council conducted a public hearing on December 15, 1998 and
has considered testimony of interested parties and the evaluation and recommendation of staff;
and
WHEREAS, the City Council has determined that postponing the condition to install
standard sidewalk improvements per City regulations along the Ella Street and Fix1mi
frontages of 1480 Ella Street is not justified under the appeal procedures of Municipal Code
Sections 12.16.050 &. 17.60.060 and would result in added administration time and monitoring
by staff if a covenant were authorized which would call the improvements due upon future
written notice by the Public Works Director.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findines. That this Council, after consideration of the applicant's
request to postpone installation of sidewalk improvements along the Ella Street and FWini
Street frontages, pursuant to execution and recordation of a covenant to guarantee the
installation of same upon future notice by the Public Works Director,.staff recommendations,
public testimony, and reports thereof, makes the following finding:
The condition which requires the installation of sidewalk improvements is
necessary in order to accommodate orderly development and pedestrian travel in
the vicinity.
SECTION 3. Denial. The request for postponement of the requirement to install
sidewalk improvements is hereby denied.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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Resolution No. (1999 Series)
Page Two
the foregoing resolution was passed and adopted this ,day of. ;. 1999.
Mayor Allen K.Settle
ATTEST`.
City Clerk Lee'Price
APPROVED AS TO FORM:
orn y Je� r en
r
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RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO POSTPONE SIDEWALK IMPROVEMENTS ALONG
THE ELI A STREET AND F XLINI FRONTAGES OF 1480 ELLA STREET.
WHEREAS, the City Council conducted a public hearing on December 15, 1998 and
has considered testimony of interested parties and the evaluation and recommendation of staff,
and
WHEREAS, the City Council has determined that postponing the condition to install
sidewalk improvements would not result in significant public inconvenience for pedestrians,
motorists or bicyclists.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the appellants'
request to postpone installation of sidewalk improvements along the Ella Street and Fixlini
Street frontages of 1480 Ella Street and staff recommendations, public testimony, and reports
thereof, makes the following finding:
The condition which requires the installation of standard sidewalk improvements along
the Ella Street and Fixlini Street frontages of 1480 Ella Street is not needed at this time
to accommodate orderly development and pedestrian travel and would otherwise cause
an undue hardship on the owners which does not apply to other property owners
pursuant to City Municipal Code Sections 12.16.050 & 17.76.060.
SECTION 3. AWroval. The request to postpone the requirement to install standard
sidewalk improvements along the Ella Street and Fixlini Street frontages of 1480 Ella Street, in
conjunction with a current building permit, is hereby postponed to a future date when required
by the Public Works Director, subject to execution and recordation of a covenant by the
property owners, which shall run with the land.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
1-11
Resolution No. (1999 Series)
Page Two
the foregoing resolution was-passed and adopted this_day of
Mayor Allen Settle
.ATTEST:
City Clerk Lee Price
APPROVED AS TO FORM:
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November 16, 1998f SAN LUES OBISPO
WORKS/UnL IES
Mike McClusky
Public Works Department
955 Morro Street
San Luis Obispo,CA 93401
Dear Mr.McClusky,
This letter is a request to defer the need to install sidewalks surrounding our residence at 1480 Ella
Street,which has been mandated as part of the permit processes for a residential remodel at that
address. I understand that this appeal must be reviewed and approved by the San Luis Obispo City
Council.
Thank you for arranging for this process at the soonest possible date.
Sincerely,
Judy Philbin
D.K.Philbin
1480 Ella Street
San Luis Obispo,CA 93401
805-544-2879(hm)
805-782-4500 east. 6035 (wk)
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12.16.050 Installation or reimbursement required when-Exceptions.
Whe ever any buildine is constructed on or moved onto
whenever existing buildings are altered or ex anded in excess of fift p- ft f such building
as etermin e c ie bui din o ficial it is r wired except as hereinafter r d
ncrete Curb, tter SICICWalK IMU street avement as determined by caullgil'
streMI
nta es o suchPropertythe owner o such ro or the person in ossession of the property
MF to tin o occu anc or ina a rova . e counci s a este is y reso utlon rom time to
time relevant standards anspecie requirements or such improvements. In the case of the construction of
a garage or other structure, which by its nature requires the construction of a driveway ramp, the street
improvements directly related to the construction must be installed unless a waiver is obtained from the
director and community development director. It is unlawful for any person to occupy or use such
buildings prior to the installation of the required curb,gutter and sidewalks unless a certified check or cash
in the amount to be fixed by the director is deposited with the city to guarantee such installation. In the
case of structures which are already occupied and which, due to the extent of the construction, require the
installation of street improvements, the owner or developer shall post (prior to issuance of the building
permit)a bond or other security in a form acceptable to the city attorney in an amount equal to the cost to
install the street improvements.The bond may be released when the improvements are accepted by the city
and prior to the completion of the building construction.In the event the improvement is not so completed,
then the city may use all or any portion of said bond to complete the installation.
Exce tions: The director and the communi development director may defer or tem4rarily waive all
rtions of these !!9uirements if tha jointly != that they will cause extreme hardship or serve no
_g§etul PurposeJurd. 1137 9 2, 1989:prior code
12.16.060 Appeals.
An appeal of a decision of the director shall follow the procedure set out in Chapter 1.20 of this code.
(Ord. 1132 § 4, 1989: prior code § 7330.9)
1-�.6
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December 15, 1998 A4
City Council Meeting
Request to Postpone Installation of Sidewalks at 1480 Ella Street
Judy and D.K. Philbin
Dear Members of the San Luis Obispo City Council,
Thank you for the opportunity to come before you this evening to request a deferral for
the installation of sidewalks at the residence of 1480 Ella Street.
Before presenting our personal reasons for making this request, I would like to make a
few clarifications on the Council Agenda Report, as related to this issue.
Clarifications on Council Agenda Report
As an explanation of the sidewalks recorded on"Attachment 4" please look at the side of
Ella Street that coincides with"the site". Starting at Johnson Avenue, there is no sidewalk
for 40 feet (grass). At the end of the grass is a pad of concrete (30 feet in length) that is
not actually a sidewalk,rather a pad that was created to store a boat. Beginning 70 feet up
from Johnson Avenue,is the sidewalk noted on"Attachment 4"which consists of two
driveways and 24' of connecting sidewalk, as seen in photograph"A".
"Attachment 4" also shows sidewalk across the street from"the site".This is indeed the
case, as this area has served as the neighborhood school bus stop over two decades.
However, "Attachment 4"incorrectly shows sidewalks extending down that side of Ella
Street toward Johnson Avenue. As you can see in Photograph`B", there is no sidewalk
extending down to Johnson Avenue.
I have two additional requests as you consider the report In the recommendation, it is
noted that"an additional burden is placed on staff to monitor and notify property owners
to complete installation of the improvements at a future date."However, with the use of
computers it should be a simple matter to access information on every residence in the
city and keep track of deferrals through a common database program. The report also
suggests that, "in many cases, a property owner may not be financially able to comply at
a later time". My husband and I have an excellent relationship with our loaning and
banking institutions, including a more-than-adequate line of credit available to us, and
you are welcome to question them on our loan and credit history. I therefore request that
you not use either of these lines of reasoning in making a decision on this particular
project.
1-17
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Reasons for Approval of Option#2: Postpone Installation of Sidewalks
We appreciate the city's interest in making San Luis Obispo "pedestrian friendly". It is a
lovely place to live and to walk.
However we feel that, at this time that the addition of sidewalks along our street would be
incongruent with the rest of the neighborhood, as well as contrary to the appeal and
beauty of our particular neighborhood. As you can see by the accompanying photographs,
we live in one of the few remaining, older residential areas that is not a thoroughfare to
any destination. It is lined with trees and well-maintained landscaping, and the majority
of the neighborhood is without sidewalks. We feel that large spans of unconnected
concrete will create a chopped-up feeling for the stmt, as it could be 5 to 10 years, or
more before we see continuing sidewalks installed.
We do not see a problem with requesting a deferral, as there is very little auto or foot
traffic in this area,as the portions of street under discussion lead essentially to a dead-
end. Ella Stmt is 10 feet wider than standard, and is not a thoroughfare for any other
destination. Because them is no sidewalk connecting Ella Street to Johnson Avenue,
the addition of sidewalks at our comer would still add only one more piece to the puzzle,
and not complete even that one street.
In addition to altering the unique character of this neighborhood, to install the requested
sidewalks, we would need to destroy two mature Silver Dollar Eucalyptus trees and a
Jacaranda tree.
As I said earlier, we understand the City Council's interest in making every neighborhood
pedestrian friendly. We maintain, however,that it is not necessary at this time to
implement this recommendation. Instead, we request that the Council approve Option#2,
as offered on page 3 of the Council Agenda, in order to maintain the integrity and
cohesiveness of our neighborhood until the time that the entire neighborhood is directed
to install sidewalks.
Thank you for your consideration of this request.
Judy and WC Philbin
1480 Ella Street
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I do not see a need for sidewalks in this area, and I believe it would be
contrary to the appeal and aesthetics of the neighborhood.
Name Address Phone#
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I do not see a need to install sidewalks in our neighborhood.
Name Address Phone#
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I think there is a need for sidewalks in our neighborhood.
Name ,p Address Phone#
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AeAthmemo' S
City Council Meeting Page 8
Tuesday,December 15, 1998-4:00 p.m.
Council held a public hearing to consider a appeal of the hearing officer's action
approving a minor subdivision creating tw lots from one at 2903 Broad Street. (David
Bolduan,applicant and Joe DeLucia,app lant.) (MS 61-98)
Council Member Ewan stepped down due a potential conflict of Interest. Associate
Planner Mandeville provided the staff repo nd recommendation to deny the appeal.
Mayor Settle opened the public hearing.
Joe Delucia spoke in support of the appeal and in position to the lot split. He urged the
Council to deny the project or continue it with dire 'on to staff to more fully access the
Impacts.
Mayor Settle closed the public hearing.
Staff responded to brief questions from Counci
ACTION: Moved by Schwartz/Settle to de y the appeal with direction to the_
applicant to modify the lot line adjustme to conform with the width/depth ratio for
Parcel 2;4:0:1 (Ewan).
David Bolduan,applicant,commented he would not object as long as It doesn't
affect the location of the buildings.
S. APPEAL OF FRONTAGE IMPROVEMENTS AT 1480 ELLA STREET (File No.201-12)
Council held a public hearing to consider deferring the installation of sidewalk improvements
to a later date. Council Member Ewan stepped down due to a potential conflict of interest.
Public Works Director McCluskev provided the staff report and recommendation to deny the
appeal.
Mayor Settle opened the public hearing.
Judy Philbinappellant,distributed copies of pictures of the neighborhood and written
comments in support of the appeal. She argued that constructing a sidewalk would be
Incongruent with the neighborhood and would result in the removal of several mature trees.
She submitted for the record a survey of the neighborhood relative to sidewalks which
reflects the fact that the majority prefer things the way they are. Mrs.Philbin requested
approval of Option#2 of the staff report.
Mayor Settle closed the public hearing.
Vice Mayor Romero stated that the City is dedicated to public access rights on the streets
and argued that this provides a chance to get a continuous sidewalk from Fixlini to
Johnson.Council Member Schwartz agreed.
Mayor Settle commented in favor of approving Option#3 as outlined by staff. Council
Member Marx concurred.
Realizing the potential for a split vote on this Item,additional discussion ensued. Council
Member Schwartz suggested the matter be continued and direction given to staff to prepare
a simple drawing Illustrating some design options. Council Member Marx proposed Option
#2 be approved with a provisional review in one year. The appellant indicated that she
would agree to a continuance.
1-24
ACTION: Moved by SchwartzlRomero to continue the appeal to the second meeting
in January; motion passed 3:1 (Marx).
VISED > MEETING AGENDA
RESOLUTION NO. (1999 SeRATEy-REM #—
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL TO POSTPONE SIDEWALK IMPROVEMENTS ALONG THE
ELLA STREET AND FIXLINI STREET FRONTAGES OF 1480 ELLA STREET
WHEREAS, the City Council conducted a public hearing on December 15, 1998 and a
continued public hearing on May 18, 1999, and has considered testimony of interested parties
and the evaluation and recommendation of staff; and
WHEREAS, the City Council has determined that postponing the condition to install
standard sidewalk improvements per City regulations along the Ella Street and Fixlini
frontages of 1480 Ella Street is not justified under the appeal procedures of Municipal Code
Sections 12.16.050 & 17.60.060 and would result in added administration time and monitoring
by staff if a covenant were authorized which would call the improvements due upon future
written notice by the Public Works Director.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the applicant's
request to postpone installation of sidewalk improvements along the Ella Street and Fixlini
Street frontages, pursuant to execution and recordation of a covenant to guarantee the
installation of same upon future notice by the Public Works Director, staff recommendations,
public testimony, and reports thereof, makes the following finding:
The condition which requires the installation of sidewalk improvements is
necessary in order to accommodate orderly development and pedestrian travel in
the vicinity.
SECTION 3. Denial. The request for postponement of the requirement to install
sidewalk improvements is hereby denied.
On motion of , seconded by
and on the following roll call vote:
AYES: UNCIL Q CDD DIR
�O O FIN DIR
NOES: RECEIVED OATMMY °GiV DIR
I9'�mwo Q POLICE CHF
[3 NEC DIR
ABSENT: MAY 12 1999 ° o o�oIRR�
SLO CITY CLERK
Resolution No. (1999 Series)
Page Two
the foregoing resolution waspassed and adopted this day of , 1999.
Mayor Allen K. Settle
ATTEST:
City Clerk Lee Price
APPROVED AS TO.FORM:.
s
orn Je . or en
MEET ' AGENDA
DATE -j -19-22 ITEM #
COUNCIL MEMORANDUM
DIR
May 17, 1999 �p L O INDDIR
GMAO O FIRE CHIEF
TO: City Council 100,YR p PO DIR
IOORIa p POLICE CHF
❑yI�Y� O REC DIRq;�
VIA: John Dunn, City Administrative Officer � ' p P�FAS DI�9-/
FROM: Mike McCluskey, Director of Public Works
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Update regarding trees on Fixlini St. at 1480 Ella St. [5-1 -99 Agenda Item]
The following is an update of the May 18, 1999 staff report by the City's arborist, to clarify the
status of two Silver Dollar eucalyptus trees along the Fixlini frontage of the subject property:
Silver Dollar eucalyptus trees tend to become very brittle and, as they get larger, are very
prone to wind damage. The "larger"of the two trees is in declining health and will need
to be replaced in the relatively near future, by a street tree specie that is on the approved
street tree list. The other one, although not currently showing signs of declining health,
will also be a candidate for replacement at some point in the future.
As stated in the report, a 4 ft. wide "detached" sidewalk could be installed adjacent to the trees
(in lieu of a standard integral sidewalk) if the trees were to remain.
ERECEIVED
I:\Council Memos\...\1480 Ella St. sidewalk appeal -tree update
999
LERK