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
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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
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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
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