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HomeMy WebLinkAbout10/27/1981M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 27, 1981 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA INVOCATION: ROLL CALL Councilmembers Reverend John Wingfield, The Unity Church Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle, and Mayor Melanie C. Billig Absent: None City Staff Present: Bill Hanley, Interim Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Roger Neuman, Police Chief; Dave Romero, Public Services Director; Jim Stockton, Recreation Director; Steve Smith, Battalian Chief ----------------------------------------------------------------- C O N S E N T C A L E N D A R 1 C -1 CLAIMS AGAINST THE CITY On motion of Councilman Settle, seconded by Councilman Dunin, claims against the City for the month of October 1981 were approved and ordered paid subject to the approval of the CAO. Motion carried, all ayes. C -2 COUNCIL MINUTES On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing minutes were approved as amended: September 21, 1981 - 12:10 p.m., September 22, 1981, - 7:00 p.m., September 29, 1981,- 7:00 p.m., September 30, 1981, - 4:00 p.m., October 1,1981, - 12:00 noon, October 9, 1981, - 5:00 p.m., October 13, 1981, - 11:45 a.m., October 14, 1981, - 5:00 p.m., October 15, 1981, - 6:00 p.m. Motion carried, all ayes. C -3 CONTRACT PAY ESTIMATES On motion of Councilman Settle, seconded by Councilman Dunin, contract pay estimates and change orders be approved and ordered paid. Motion carried, all ayes. C -4 GROWTH MANAGEMENT ORDINANCE QUARTERLY REPORT On motion of Councilman Settle, seconded by Councilman Dunin, the third quarterly report on residential building permits as required by the Growth Management Ordinance (0 884) be received and filed. Motion carried, all ayes. C -5 AGREEMENT WITH BECKER & BELL INC. On motion of Councilman.Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4644 (1981 Series), a resolu- tion of the Council of the City of San Luis Obispo approving an agreement between the City and Becker & Bell, Inc., for negotiation and consultant services in employer /employee relations. City Council Minutes October 27, 1981 - 7:00 p.m. Page 2 Mayor Billig stated that she could support this resolution if in all areas where it referred to City Manager be.referred to the City. Administrative Officer and on page three of the agreement, additional wording on Item "c" in the first paragraph, No. 5, to read, "The respective duties and obligations to the parties hereto shall commence on November 1, 1981, and continue through until these negotiations are complete Aoftjl$01 110$2, providing, however, that either party may terminate this agreement by 30 days written notice to the other 1 party." Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None C -6 AGREEMENT FOR BUS GRANT MONIES On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4645 (1981 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the State of California and the City of San Luis Obispo for disbursement of Transportation Development Act (SB 620) monies (secretary's discretionary fund). Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None C -7 SEWER FARM LEASE On motion of Councilman Settle, seconded by Councilman Dunin, to approve the draft lease of the sewer farm lease as to form and auth- orize staff to advertise for public auction. Motion carried, all ayes. C -8 SURPLUS CITY PROPERTY - 1981 AUCTION A. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No... 4646 (1981.Series), a resolution of the Council of the City of San Luis Obispo declaring certain City property as surplus. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None B. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4647 (1981 Series), a resolution of the Council of the City of San Luis Obispo approving 1 an agreement between the City and Templeton Auction Sales for the purpose of conducting the auction. AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None City Council Minutes October 27, 1981 - 7:00 p.m. Page 3 C -9 REHABILITATION LOAN COMMITTEE APPLICATIONS On motion of Councilman Settle, seconded by Councilman Dunin, that the report by the Community Development Director on reasons for the poor response to requests for loan applications through the Rehabilitation Loan Committee be received and filed. Motion carried, all ayes. C -10 EARTHQUAKE REVIEW OF DIABLO CANYON Councilman Griffin stated that he could support the resolution if in the first "Whereas," the work significant was deleted. On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 4648 (1981 Series), .a resolution of the Council of the City of San Luis Obispo supporting a strong, independent review of earthquake safety of the Diablo Canyon Nuclear Power Plant with the word significant in the first whereas being deleted. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None C -11 WEED CUTTER HARVESTER UTILITY BOAT On motion of Councilman Settle, seconded by Councilman Dunin, that the specifications for a weed cutter harvester utility boat to be used by the Parks Division, bid estimate of $23,700 be-approved and staff be authorized to call for bids. Motion carried, all ayes. 1. ORDINANCE NO. 906 - ESTABLISHING JOINT RECREATIONAL USE OF SCHOOL DISTRICT PROPERTY COMMITTEE Council considered the final passage of Ordinance No. 906, an ordinance outlining terms of office and number of members for.the Joint Recreational Use of School District Property Committee. Mayor Billig declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, that ordin- ance No. 906 be given final passage. Finally passed on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 2. TIME EXTENSION FOR TRACT 858 Council held a public hearing to consider the recommendation of the Plan- ning Commission to approve a 12 -month time extension to file the final map for Tract 858 to create a 48 -lot residential subdivision located at 1800 Prefumo Canyon Road, R -1 -S zone; Richard.Racouillat, subdivider. Mayor Billig declared the% public- hearing. open. Dan Lloyd, representing the subdivider Richard Racouillat, urged that the Council approve the time extension so that they might .continue with their preparation of plans, and he was there to answer any questions. City Council Minutes October 27, 1981 - 7:00 p.m. Page 4 Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4649 (1981 Series), a resolu- tion of the Council of the City of San Luis Obispo approving a 12 -month time extension for Tract 858. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 3. TIME EXTENSION FOR TRACT 807 Council held a public hearing to consider the recommendation of the Plan- ning Commission to approve a 12 -month time extension to file the final map for Tract 807 to create a 15 -unit residential air -space condominium located at 1260 Ella Street, R -2 zone; Merilee Peck, subdivider. Henry Engen, Community Development Director, stated that the Planning Commission on a 5 -0 vote recommended the Council adopt the resolution granting approval of the time extension subject to all original condi- tions of tentative map approval, except that condition 1614 be amended to -state 13 equivalent units instead of 12.84 equivalent units. Mayor Billig declared the public hearing open. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig NOES: None ABSENT: None 4. TIME EXTENSION FOR TRACT 843 Council held a public hearing to consider the recommendation of the Plan- ning Commission to approve a 12 -month time extension.to file the final map fot Tract 843 to create a 6 -unit residential air -space condominium located at 528 Hathway Avenue, R -2 zone; Eric Pariser, subdivider. Henry Engen stated that the Planning Commission on a 5 -0 vote recommended the Council adopt the resolution granting the time extension subject to all original conditions of tentative map approval. rMayor Billig declared the public hearing open. No one spoke for or - against the request for time extension. Mayor Billig declared the public hearing closed. Vic Montgomery, representing the subdivider, stated that he was there to answer any questions and would urge Council to approve the time exten- sion. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, the follow- ing resolution was introduced: Resolution No. 4650 (1981 Series), a resolution of the Council of the City of San Luis Obispo approving a 12 -month time extension for Tract 807. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin, and Mayor Billig NOES: None ABSENT: None 4. TIME EXTENSION FOR TRACT 843 Council held a public hearing to consider the recommendation of the Plan- ning Commission to approve a 12 -month time extension.to file the final map fot Tract 843 to create a 6 -unit residential air -space condominium located at 528 Hathway Avenue, R -2 zone; Eric Pariser, subdivider. Henry Engen stated that the Planning Commission on a 5 -0 vote recommended the Council adopt the resolution granting the time extension subject to all original conditions of tentative map approval. rMayor Billig declared the public hearing open. No one spoke for or - against the request for time extension. Mayor Billig declared the public hearing closed. City Council Minutes October 27, 1981 - 7:00 p.m. Page 5 On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4651 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting a 12 -month time extension for Tract 843. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 5. TIME EXTENSION FOR MONOR SUBDIVISION 79 -069 Council held a public hearing to consider the recommendation of the Planning Commission to approve a 12 -month time extension to file the final map for Minor Subdivision No. 79 -069 to create'a 3 -lot commercial sub- division located at 1557, 1585 and 1625 Calle Joaquin, C -T and C /OS zones; Roger Arnebergh, subdivider. Henry Engen stated that the Planning Commission on a 4 -0 vote recommended the Council adopt the resolution granting approval of the time extension subject to all original conditions of tentative map approval: Mayor Billig declared the public hearing open. No one spoke for or against the proposed time extension. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Settle, the following.resolution was introduced: Resolution No. 4652 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the 12 -month time extension for minor subdivision 79 -069. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 6. FINAL MAP MINOR SUBDIVISION 81 -018 Council held a public hearing to consider the final map for Minor Sub- division No. 81 -018 to combine portions of five lots located at 5218- 2550 Broad Street; Russ Johnson, subdivider. Dave Romero, Public Services Director, stated that the lot combination did not clearly fall within the guidelines of the Tree Ordinance, thus the Council had a choice of requiring tree planting at the time of ' issuance of a building permit, or could require the developer to deposit $610 per tree as a condition of approval of the minor subdivision. It was his recommendation that the tree planting be made a requirement of the building permit. Mayor Billig declared the public hearing open. Leonard Lenger stated he did not feel the street trees should be planted until the building plans had been approved. He felt that now would be a premature time. He would suggest that this be treated using reversion to acreage as the formula and that this requirement should not be asked for as this is only a lot consolidation, it is not a subdivision. Russ Johnson, subdivider, stated that additional requirement for $1,200 for was extremely unfair, the Council was was a waste of money and he would not that the Council as a whole was tryin Luis Obispo. City Council Minutes October 27, 1981 - 7:00.p.m. Page 6 he was entirely opposed to the two street trees. He felt this insensitive to builders, this stand for it. He did not feel to serve the citizens of San Mayor Billig declared the public hearing closed. Dave Romero, Public Services Director, stated that he felt it was better to have the trees planted at the time building was complete. George Thacher, City Attorney, responded to the question of reversion to acreage, but he did not feel that in this case it would apply. - After brief discussion it was moved by Councilman Settle, seconded by Councilman Dunin, the following resolution be introduced: Resolution No. 4653_(1981 Series), a resolution of the Council of the City of .San Luis Obispo granting approval of final map for Minor Subdivision SLO 81 -018 as originally submitted with the modification that street trees be planted at the time development takes place. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None Councilman Dunin also stated he would like to have an explanation from the Public Services Director as to why the street trees should cost $610 as opposed to about $250. 7. TENTATIVE MAP FOR MINOR SUBDIVISION 81 -170 Council held a public hearing to consider a Planning Commission recom -. mendation to approve the tentative map for Minor Subdivision'No. 81 -170 to adjust lot lines between three lots located at 1262, 1266 and 1270 Vista del Lago, R -1 -PD zone; Stan Bell, subdivider. Henry Engen, Community Development Director, stated that the Planning Commission on a 5 -0 vote recommended the Council grant the tentative map subject to the findings and conditions listed in the resolution. Mayor Billig declared the public hearing closed. Mayor Billig continued that the Council might wish to discuss conditions 15 and 20 referring to the masonry wall and mini park dedication. She questioned whether the Council wished to have the masonry wall left unlandscaped and whether Council, inlight of recent discussions on the Park and Recreation Element, still wanted dedication of this small mini park. City Council generally agreed that they would like to see that 6 -foot masonry walls in the future be required to be landscaped and additionally, would like to see the mini park requirement be removed. But as the tentative map for Tract 718 adjacent was approved three years ago, did ' not feel there was much that could be done to change it at this time. After brief discussion it was moved by Councilman Griffin, seconded by Councilwoman Dovey, the following resolution be introduced: Resolution No. 4654 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision 81 -170 located at 1262, 1266 and 1270 Vista del Lago. City Council Minutes October 27, 1981 - 7:00 p.m. Page 7 Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle; and Mayor Billig NOES: None ABSENT: None On motion of Councilman Griffin, seconded by Councilwoman Dovey, that staff report back on conditions 15 and 20 of.Tract 710 before final acceptance of improvements is submitted to the City Council. Motion carried, all ayes. 8. TENTATIVE MAP FOR MINOR SUBDIVISION 81 -132 Council held a public hearing to consider the Planning Commission rec- ommendation to approve the tentative map for Minor Subdivision No. 81 -132 to create 3 lots from 1 lot (deep lot subdivision) located at 2710 Augusta Street, R -1 zone; Thomas Baumberger, subdivider. Henry Engen, Community Development Director, stated that the Planning Commission on a 4 -0 vote recommended that the Council grant approval of the tentative map subject to the variance, findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. Thomas Baumberger, engineer for the owner, stated that he agreed with all conditions as listed in the resolution, however, he would find that it would be more convenient with regard to the variance requirement that he be allowed the 24' width driveway. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 4655 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the.tentative map for Minor Subdivision 81 -132 located at 2710 Augusta Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 9. CREEK DEVELOPMENT CRITERIA AND TENTATIVE MAP FOR MINOR SUBDIVISION 81 -175 B. Council held a public hearing to consider a Planning Commission recommendation to approve the tentative map for Minor Subdivision No. 81 -175 to adjust the lot line between two lots located at 415 and 421 Dana Street, R -3 zone; Maxwellton Investors, subdividers. Councilman Dunin stepped down. Henry Engen, Community Development Director, stated that the Planning Commission on a 4 -1 vote recommended that the Council grant approval of the tentative map subject to the findings and conditions listed in the resolution. He continued that staff had recommended several additional conditions, although the Planning Commission did not feel that they were.appropriate or needed. He stated that the Community Development staff and City Engineer strongly felt and recommended that one additional condition be attached if tentative map was approved. The condition would City Council Minutes October 27, 1981 - 7:00 p.m. Page 8 read, "Subdivider shall grant to the City a drainage easement on parcels A and B, to provide for possible future widening of San Luis Creek in accordance with approved creek setback and improvement standards to be established by the City Council." Councilwoman Dovey stated that she agreed that the requirement for dedication for a drainage easement should be included because this is the City's only chance to do anything for mitigating some of the flooding problems connected with creekside development. Mayor Billig declared the public hearing open. Rose Barger stated that she has been concerned for a longtime with the flooding problems inherent with the creek. She said that now that funding is becoming tighter from the State agencies, she feels that it is extrem- ely important that the Council take some action to help mitigate the flooding problem. She continued that she had been in contact with the County District Engineer who stated there were no immediate plans for future flooding protection. Mayor Billig assured Miss Barger that the City was looking into mitigat- ing flooding problems. Jonathan Lindenthaler stated that he agreed with all Planning Commission recommendations, except that he was now concerned with this additional third condition recommended by staff as he is not sure what it now implies. Bill Hanley, Interim Administrative Officer, suggested that this condition have an additional sentence added to read, "creek setback line to conform to the existing creekside improvement on parcel B." Mayor Billig declared the public hearing closed. ' On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4656 (1981 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the tentative map for Minor Subdivision 81 -175 with addition of the staff recommended condition requiring dedication of drainage ease- ment with the additional wording: "creek setback line is to conform to the existing creekside improvement on parcel B." Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, and Mayor Billig NOES: None ABSENT: None After brief discussion it was moved by Mayor Billig, seconded by Council- man Settle, that street trees be required when condominiums are devel- oped on parcel A and no additional requirement for tree planting to be imposed on developed parcel B property until and unless the status of the property changes. Motion carried, all ayes. Councilman Dunin, absent. Councilman Dunin then returned to his seat. 9a. Council then considered San Luis Obispo and Stenner Creek setback lines and development criteria between 1 and 2: 1) Marsh Street Bridge; 2) the vicinity of Dana Street. Dave Romero, Public Services Director, stated that there were no official adopted setback lines for widening of major waterways within the City, although the City did have "indexing lines ", prepared by the Army Corps of Engineers, which were somewhat general in nature and not based on field surveys. He stated that until official setback lines could be adopted, staff must analyze each particular development as it was submitted City Council Minutes October 27, 1981 - 7:00 p.m. Page 9 in order to determine City needs for the alternate waterway alignment. He stated that the Engineering Division staff had just completed a detailed study of San Luis Creek and:Stenner Creek in conjunction with developments proposed upstream of the Marsh Street Bridge. This study included field survey information by the developers, project engineers and some City survey information. Staff had prepared a proposed "setback line map" in those regions, utilizing vertical walls and one -to -one slope gabions, to provide for designs and alignment prepared by George Nolte and Associates for -San Luis Creek south of the confluence. It was the opinion of staff that improvements to the waterways in that area would be a positive benefit to those properties upon completion of the Marsh Street Bridge improvements proposed by Cal Trans and channel widening downstream of the bridge by the City. He continued that the proposed design considered the following: 1) Design was based on a "50 -year storm" for San Luis Creek and "100 -year storm" for Stenner Creek as previously determined by Council, 2) the "flow line" of the creeks were not to be disturbed -- widening would occur as a "benched" area - -two feet above existing flow line, 3) only one bank was to be excavated in most areas, 4) where needed, banks were to be reinforced with "gabions" with one -to -one slopes. Vertical walls of "non- smooth" materials were to be used where necessary to preserve existing develop- ment. Staff would request Council direction as follows: 1) Should the City require dedication of right -of -way with development and 2) should the City require improvements of the channel with developments (within the project limits)? Jonathan Lindenthaler commended the staff for an excellent job in setting the criteria and keeping the cost to a minimum. He was concerned that the developers' shares not be done on a piece -meal basis. He would like to see this policy come back as an ordinance. He felt that a property owner who was already in the process of developing his property should not be required to heavily participate financially as the development plans were already under way and this would be an unfair hardship to impose. 1 Don Cutter stated that he was currently working on a.proposal on Stenner Street and agreed with comments made by Mr. Lindenthaler about having this additional expense imposed on a developer who was currently working on a project. He agreed that this proposed future policy was a good one. He felt there should be some consideration for buildings which were designed to be flood - proofed and hoped the Council would make some allowance for them. Councilwoman Dovey felt that the City should require an easement when dev- elopment occured. She would encourage staff to bring back several alter- natives on formulas for developers to pay a proportionate cost. Councilman Griffin agreed that he would like to see staff bring back as many options as possible. Councilman Settle questioned how this would apply to the rest of the property owners along the creek. He agreed that flood - proofing was most important. He would favor granting easements and felt that creek channel improvements should be made by the developer. He also felt that the gabion design was better than the vertical wall. He agreed with using a sliding -scale approach and would also like to see several options and wanted to see a fair and equitable formula used. Councilman Dunin stated he supported the concept. He also agreed that , several formulas should be developed using different formulas-in differ- ent areas in the City as each creek is different with different needs. A strong consideration should be given to the size of the development. Flood- proofing should be taken under consideration. If a building is already flood - proofed, then improvement to the creek could be lessened. Size of the creek dedication should also be taken under consideration and some sort of formula be used regarding how the property relates to other segments of the creek and what benefits were derived. City Council Minutes October 27, 1981 - 7:00 p.m. Page 10 Mayor Billig agreed that protection was necessary for the property owner whose property abuts the creek as well as the downstream property owner. She felt that the developer should definitely contribute to the flood control and hoped a formula could be developed which would include a balance of aesthetics, erosion control, etc. She felt that the people who buy property along the creek also have a certain responsibility to the rest of the community to help pay for the improvement. She stated that the City required many conditions for hillside development and in order to be fair, should also require added conditions of dev- elopment along creeks. She was not sure about the extent to which she would wish to pass all creek improvements onto the rest of the community. Upon general consensus, Council have conceptual approval for staff to bring back an ordinance or resolution addressing the following: 1) creek setback lines to be established, 2) grant of easement to be required, 3) staff recommendations for fair and equitable formulas and criteria for shared costs between the developer and the City. Councilman Dunin also requested that staff bring back a list showing all creeks in the City that will be involved in this policy. 10. DOWNTOWN PARKING REQUIREMENTS (CR 0988) A. Council held a public hearing to consider the Planning Commission recommendation to amend the Zoning Regulations, Section 9202.10.E.5.d to add agreement to participate in a parking district as another means of meeting the parking requirement in the C -C (Central Commercial) zone; City of San Luis Obispo, applicant. Mayor Billig declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. ' After brief discussion it was moved by Councilman Settle, seconded by Councilwoman-Dovey, the following ordinance was introduced: Ordinance No. 907 (1981 Series), an ordinance of the City of San Luis Obispo amending the zoning regulations: agreements to participate in parking district and C -C zone (CR 0988) with the revised wording as recommended by the City Attorney to read, "this subsection may be satisfied by participating in such a district, the parking requirement shall be otherwise met." Councilwoman Dovey also requested that staff contact all recent use permit applicants to advise them they would no longer be required to sign the waiver that was mailed to them by staff. B. Council then considered the request to have the City Council initiate a zoning amendment to establish a single.simplified off - street parking requirement for all uses in the C -C zone. Henry Engen reported that the City Council initiated CR 0988 which allowed projects in the downtown to proceed subject to an agreement to provide parking as part of the pending parking district. The City Engineer and Community Development Director met with both B.I.A. and CPAC to review the parking requirements for downtown. It was noted that under the parking district all properties regardless of type of use, were to be assessed based on flat rate per square footage. However, under the ' current zoning ordinance the new parking standards key to type of use; any change of use can require an individual who changes, for example, from office to commercial use, to come up with the parking required for the more intensive commercial use. Mr. Engen would recommend the City Council initiate a change to require that any use in the downtown area provide one space per 500 square feet of gross floor area, regardless of; type of use. He felt that this approach would simplify zoning admin- istration and should preclude a lot of public relations problems in the course of granting business licences, minor building permits, etc., for space in existing buildings downtown. City Council Minutes October 27, 1981 - 7:00 p.m. Page 11 Mayor Billig declared the public hearing open. No one spoke for or against the proposed change. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Mayor Billig, to initiate the recommended zoning amendment regarding the simplified off - street parking requirement. Motion carried, all ayes. 11. CONVALESCENT HOME PARKING REQUIREMENTS (CR 0985) , Council held a public hearing to consider the Planning Commission recommendation to amend the Zoning Regulations, Section 9202.5.1.1 - Parking Requirement for Convalescent Homes and Residential Care facilities; City of San Luis Obispo, applicant. Henry Engen stated that the Planning Commission had voted 5 -0 to recommend approval of the amendment. The Commission also directed the Community Development Director to refer to the Planning Commission the use permit application which would be required. While the Commissioners agreed that the parking requirement of one space per four beds was a reasonable general standard, they were concerned about the proposed arrangement of parking areas at Cabrillo in relation to the building and surrounding uses. Mayor Billig declared the public hearing open. Jonathan Lindenthaler stated that he supported the recommendation and urged the Council to adopt it. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing ordinance was introduced: Ordinance No. 908 (1981 Series), an ordin- ance of the City of San Luis Obispo amending the zoning regulations to change . the parking requirement for convalescent hospitals and residential care facilities with the amendment that in section #1 "convalescent homes, residential care facilities and other similar facilities." Introduced and passed to print on the following roll call voter AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 12. ABANDONMENT OF PORTION OF STENNER & OAK STREETS A. Council held a public hearing to consider an appeal of Burgermeister, Feuerbacker & Blyth, appealing a decision by the Planning Commission to deny their request to abandon a portion of Stenner Street between Murray Street and Santa Rosa Park. Henry Engen stated that the planning staff recommended the appeal be upheld and the subject portion of Stenner Street be abandoned. The Resolution of Intention should be adopted finding the right -of -way was not needed for present or public purposes with reservation of easements as noted on exhibit B and the six conditions listed in the staff report. Jim Stockton stated that his only concern was that pedestrian access ' to the park be retained. Chief Neuman agreed. He stated that he would like to have.safety vehicle access to all public areas. He felt that Stenner Access was used extensively, and he would prefer to see this street section abandoned as opposed to the Casa Street stub. City Council Minutes October 27, 1981 - 7:00 p.m. Page 12 Mayor Billig declared the public hearing open. Leo Pinard stated that if the Council wished to stay consistent with the Circulation Element, that the plan should allow access to Stenner Street. Norman Johnson, 1206 Murray Street, stated that he felt that Stenner Street was an important access to the park and should not be closed, but rather used as parking lot. He felt there was a desperate need for.this. If it were taken away, the people that are parking in that area now would have to park on the overcrowded streets of Murray and Stenner. He would like to see that street curbed and guttered since it is now an eye sore. William Blyth, Paso Robles, spoke in support of his appeal and stated this street has never been kept up by the City which causes a hardship for both of the continguous owners. They must regularly clean up the bottles, papers, abandoned cars, car parts, etc., strewn on the street by the Cal Poly students. He stated that both of the owners have put up fences which have been hit by vehicles, and he would urge the Council to support the abandonment of the street. Mr. Feuerbacker, owner of lot 15, also urged the Council to support the closing of Stenner Street. He felt the City would benefit-by receiving the improvements of their putting in the curb and gutter, etc., and receiving the additional taxes. Mayor Billig declared the public hearing closed. Councilman Settle stated he agreed with comments made by Mr. Johnson and Mr. Pinard that the City should improve this and maintain it, as it would serve as a parking area; and he felt that it would be a mistake to abandon it. On motion of Councilman Dunin, seconded by Councilman Griffin, to uphold the appeal. Motion carried, Councilman Settle voting no 12 -B. Consideration of a Resolution of Intention to abandon a portion of Stenner Street between Murray Street and Santa Rosa Park.. After brief discussion it was moved by Councilman Dunin, seconded by Councilman Griffin, to adopt the following resolution of Intention: Resolution No. 4657 (1981 Series), a resolution abandoning a portion of Stenner Street between Murray Street and Santa Rosa Park as shown on Exhibit B adding a seventh condition to require undergrounding of utilities at the time of development and reserve pedestrian easement over the relocated waterline. Passed and adopted on the following roll call vote: AYES:. Councilmembers Dunin, Griffin, Dovey, and Mayor Billig NOES: Councilman Settle ABSENT: None 12 -C. Consideration of the Resolution of Intention to abandon a portion of Oak Street between Murray Street and Santa Rosa Park. On motion of Councilman Settle, seconded by Councilman Dunin, the follow- - ing resolution was introduced: Resolution No. 4658 (1981 Series), a resolution of the Council of the City of San Luis Obispo abandoning a portion of Oak Street between Murray Street and Santa.Rosa Park. City Council Minutes October 27, 1981 - 7:00 p.m. Page 13 Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin, and Mayor Billig NOES: None ABSENT: None 13. REQUEST TO REMOVE PALM TREES Council considered a request from Mrs. Robert Brown, 938 West Street to remove two large palm trees in front of her home which she felt created a hazard. Dave Romero, Public Services Director, stated that there were two healthy palm trees in the public right -of -way in front of the Brown residence. In the past five years, Mrs. Brown has had numerous conversations with City staff regarding the hazard and maintenance of these trees. In past years the City had trimmed the palm branches which do become a hazard when they die and fall to the ground. This year because.of the change in the City policy regarding maintenance of trees in residential areas, the City has told Mrs. Brown that it would no longer maintain the trees in front of her home. She appeared twice before the Tree Committee requesting City removal of.the trees, however, the Tree Committee was unable to make the finding required and denied Mrs. Brown's request. As it has been past policy, the Tree Committee informed Mrs. Brown that she may remove the trees at her expense provided that she replaces them with approved trees. Because of.the large expense in tree removal, Mrs. Brown felt that she could not afford to pay this cost and felt that she was being treated unfairly since those are trees in the City right -of -way. He stated that there were perhaps a half dozen situations throughout the community similar to this one where the property owner was unhappy with the tree which was healthy and does not meet City requirements for removal. In his opinion the Tree Committee had no choice but to follow the tree ordinance and had followed the proper procedure in this case. After brief discussion it was moved by Councilman Settle, seconded by Councilwoman Dovey, to uphold the action of the Tree Committee.' Motion carried, all ayes. 14. JACK HOUSE GARDEN REHABILITATION Council considered a budget resolution to appropriate $11,800 to complete Segemnt II of the Jack House Gardens. After brief discussion it was moved by Councilman Dunin, seconded by Mayor Billig, to continue this item to the November 3 Council meeting when the plans will be reviewed and a presentation be made by the con- sultant. Motion carried, all ayes. 15. RESTRIPING AND PARKING REMOVAL ON VARIOUS CITY STREETS Council considered a report from the City Engineer requesting street restriping and parking removal on Chorro Street between Lincoln and Marsh Streets and restriping on Buchon Street to change the street from a one -way to a two -way street. On motion of Councilman Dunin, seconded by Councilwoman Dovey, to con- tinue this item until the Circulation Element was completed. Motion withdrawn. Wayne Peterson, City Engineer, stated that the contractor for the pave- ment marking program was planning to start work on October 26. During the first three days, he intended to install cat tracks on the pavement where new lines would go. After that work was completed, he would begin removing lines that are to be relocated. The work entailed sand blasting of the old paint and repairing the street where there was damage. Shortly 1 Ll City Council Minutes October 27, 1981 - 7:00.p.m. Page 14 Council discussed in detail the pros and cons of restriping portions of Chorro Street. The Council concurred that Buchon Street should be removed from the striping program, at least until more input was submitted. On motion of Councilwoman Dovey, seconded by Councilman Dunin, to remove Buchon Street from the striping program. Motion carried, all ayes. After considerable discussion it was moved by Councilwoman Dovey, seconded by Councilman Dunin, that Chorro Street from Marsh to Monterey Streets be removed from the striping program with all other streets to be restriped as recommended by staff. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, and Mayor Billig NOES: Councilman Settle ABSENT: None 11:55 p.m.. City Council adjourned to Close Session to discuss Litigation and Personnel Matters. 12:20 a.m. City Council reconvened, all Councilmembers present. after that phase is completed, probably during the first week in November, the contractor will begin laying the hot plastic stripe on the various streets. He stated that this material is about 1/8" thick and once it is installed, it is almost impossible to remove. The State generally blankets streets in order to restripe after this stripe is layed down. For this reason, Mr. Peterson was coming back to the Council asking for direction in approval for modifying these certain streets. At the time, it appeared the Council was in agreement to restripe Buchon Street as a two -way street. This would be contrary to staff's recommendations but rather than put down the striping which was designed for one -way traffic, they would ask the Council one more time whether it was their intention to go to two -way traffic. This would also be true for Chorro Street between Lincoln and Marsh. At the Circulation hearing the Council had indicated they desire to prohibit parking in certain areas on the street and to redeliniate the traffic lane. The proposal he was suggesting did not call for complete removal of parking. Parking would only be removed as was required to carry the traffic. In particular he was suggesting that the block between Lincoln and Walnut Streets be restriped and provide for wider lanes at each end of that block to allow for turning movements. To do that, staff would have to prohibit parking on both sides of the street. He continued that in the block between Walnut Street and Peach Street there was little need of turning movements, so he proposed the center line stay as it was and parking continue on the eastside. In the block between Peach Street and Mill; he recommended turn pockets at Mill Street and removing one or two parking spaces to- wards the center of the block. In the block between Mill Street and Palm, he suggested redeliniation of the turn pockets which would require removal of all the remaining parking in that block. In the block bet- ween Palm and Monterey Street, he would deliniate a turn pocket at-Mont- erey Street to improve traffic with a loss of only one or two spaces. The turn pocket at Palm Street seemed adequate and could work the way it was. In the block between Monterey and Higuera, he did not see the need to remove any parking. The block between Higuera and Marsh Streets, he suggested removing all of the parking to provide for an adequate left - turn lane at each end of the block, as the street was only 33 feet wide and there was no way to have left= turn.pockets and still maintain parking spaces, but would facilitate traffic movements tremendously on one of the most congested streets in the downtown. Council discussed in detail the pros and cons of restriping portions of Chorro Street. The Council concurred that Buchon Street should be removed from the striping program, at least until more input was submitted. On motion of Councilwoman Dovey, seconded by Councilman Dunin, to remove Buchon Street from the striping program. Motion carried, all ayes. After considerable discussion it was moved by Councilwoman Dovey, seconded by Councilman Dunin, that Chorro Street from Marsh to Monterey Streets be removed from the striping program with all other streets to be restriped as recommended by staff. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, and Mayor Billig NOES: Councilman Settle ABSENT: None 11:55 p.m.. City Council adjourned to Close Session to discuss Litigation and Personnel Matters. 12:20 a.m. City Council reconvened, all Councilmembers present. City Council Minutes October 27, 1981 - 7:00 p.m. Page 15 There being no further business to come before the City Council, Mayor Billig adjourned the meeting to Saturday, October 31, 1981, at 1:30 p.m. at City Hall. ae lje�- - amela Vog s, Ci I Clerk APPROVED BY COUNCIL: 11/17/81 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO SATURDAY, OCTOBER 31, 1981 - 1:50 P.M. COUNCIL HEARING ROOM,. CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION RnTT GATT Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle, and Mayor Melanie C. Billig Absent: None City Staff Present: Bill Hanley, Interim Administrative Officer 1:30 p.m. Mayor Billig adjourned the meeting to Closed Session to discuss Personnel Matter. 5:10 p.m. City Council reconvened, all Councilmembers present. There being no further business to come before the Council, Mayor Billig adjourned the meeting. oe amela Voges, ty Clerk APPROVED BY COUNCIL: 11/17/81 1 1-1