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09/07/1982City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 2 C -3 CONTRACT PAY ESTIMATES On motion of Councilman Settle, seconded by Councilman Dunin, that contract pay estimates and change orders be approved and ordered paid as recommended by staff. Motion carried, all ayes. C -4 LEASE PURCHASE AGREEMENT FOR COPIERS - SECURITY BANK On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4942 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving a lease agreement with Security Pacific National Bank for purchase of three copiers for City Hall. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -5 APPOINTMENT TO THE HOUSING AUTHORITY On motion of Councilman Settle, seconded by Councilman Dunin, to appoint Joan Whipple to the Housing Authority for an unexpired term to expire June 30, 1983. Motion carried, all ayes. C -6 LEASE OF SCHOOL OFFICE SPACE On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4943 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving a lease agreement with Coastal Unified School District to lease office space for the City Recreation Department at the San Luis Obispo Junior High School, located at 1499 San Luis Drive. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4944 (1982 Series), a• resolution of the Council of the City of San Luis Obispo increasing the Park and Recreation Fund in the amount of $15,860 to cover lease of office space at San Luis Obispo Junior High. Passed and adopted on the following roll call vote: AYES: Councilmembers.Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -7 CITY CLERK MISCELLANEOUS FEES - On motion of Councilman Settle,-seconded by Councilman Dunin, the following resolution was introduced:. Resolution No. 4945 (1982 Series), a resolution of the Council of the City of San Luis Obispo establishing fees for City Clerk services. . Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 3 C -8 PLANS AND SPECIFICATIONS - WATER LINE IMPROVEMENT PROJECT On motion of Councilman Settle, seconded by Councilman Dunin, that plans and specifications for "Waterline Improvement Project, Walnut Street, Morro to Santa Rosa "; City Plan No. G -11, bid estimate $30,135, without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes. C -9 CLAIM AGAINST THE CITY - P. EDDINS On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Patsy Eddins in the amount of $55,000 for personal damage for alleged S.C.A.T. bus accident on July 26, 1982, when the bus driver apparently failed to stop the bus at a posted intersection and hit by a pickup truck be denied. Motion carried, all ayes. C -10 CLAIM AGAINST THE CITY - SAN LUIS TRANSPORTATION On motion of Councilman Settle, seconded by Councilman Dunin, claim against the City by San Luis Transportation in the amount of $5,475,000 plus $200,000 for attorney fees (tentative) for alleged various impropri- eties on the part of the City in bidding and awarding of contract for public transportation services be denied. Motion carried, all ayes. C -11 PARKING PERMITS - RIDESHARING On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4946 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving the issuance of parking permits in conjunction with the Ridesharing Program for certain city lots. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey,'Griffin and Mayor,Billig NOES: None ABSENT: None P U B L I C H E A R I N G S 1. APPEAL OF PLANNING COMMISSION UPA48 -82 Council held a public hearing to consider an appeal by Mr. and Mrs. C.F. Hamlin of a decision of the Planning Commission allowing reduced street yard setback on Andrews Street from 20 to 11 feet and allowing building height of 28k feet for proposed addition to house located at 1775 Conejo Avenue, R -1 zone, Mr. and Mrs. Bailey, applicants. Toby Ross, Community Development Director, reviewed the agenda report (file No. 407) and stated it was staff's recommendation that the appeal be denied. The Planning staff and Planning Commission agreed that the project was appropriate at the proposed location and would be compatible with the architecture of the neighborhood. Mayor Billig declared the public hearing open. Rob Strong, Planning Consultant representing Mr. and Mrs. Hamlin, submitted a petition signed by 70 Alta Vista Neighborhood residents and explained they were appealing three Planning Commission findings: 1) The project "would not be detrimental" to the surrounding area and "the addition is architecturally compatible" with it; 2) the "project is appropriate" for the location and "compatible with surrounding land uses"; and 3) the project incorporates "appropriate house designs in harmony with single family neighborhoods ". Rob Strong stated that the design was inconsistent with the neighborhood, inappropriate for the neighbors, and he would urge Council's denial of the use permit. City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 4 Doug Morris, Architect for the project and representing Mr. and Mrs.. Bailey, the property owners, stated the owners were willing to sign an affidavit stating they would not turn the unit into a separate residence. They agreed with the Planning Commission and Administrative Hearing Officer that the use was compatible and would urge Council's support. Lorraine Bailey, owner of the house, stated she had an agreement with her son who would be the tenant living in the house that the unit would ' not be a separate residence. She stated it was her dream to see her children grown and for her son and daughter -in -law to be able to live in the house which could be shared together rather than waiting until her son had to inherit the property. She had spent $25,000 thus far and felt she had no alternative but to contest the appeal. Robert Kennedy, 1385 Casadero and living 3 blocks from the subject property, stated he was more concerned about the precedent- setting nature of this use permit and that future owners would not be bound to prior commitments made by the present owner. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, that the appeal be upheld by Mr. and Mrs. Hamlin and deny Use Permit No. A48 -82. Councilman- Griffin was not as concerned with the design application as he was future homeowners who might be desirous of making this into a separate residence. He was not certain that the use permit could be worded to protect this from happening. He could, however, favor a redesign for a different addition. Councilwoman Dovey agreed with comments made by-Councilman Griffin. She felt there was the potential of a future homeowner turning the expansion into a separate single family living unit. With regard to the question of the visibility to the neighboring yard, she did feel this••could be mitigated with a revised plan. Councilman Dunin agreed this is one of those few R -1 neighborhoods in the city yet unspoiled. He would support the motion but he would-. . suggest that the applicant come back with a completely different design for the addition, and he would be willing to look at it. Councilman Settle stated that the use went with the property -and not the owner. This is a land -use issue. The redesign would be helpful but would -not necessarily solve the problem. It, should not overlook the other yards but he was unsure that it would give the applicant enough space if it was cutback to that extent. Mayor Billig felt that a redesign might be workable, i.e., balconies being removed, landscaping, changing the windows, etc..-Zoning and.the land use were her main concerns. She felt the -city had- to.keep in.mind the overall best for the neighborhood. She, too, felt that this addition could be made into a single family- residence and was concerned when looking at the plan that they showed new telephone and utility lines. That seemed more appropriate for a R =2; not a R -Luse. The R -2 nature would have to be removed with no separate entrance, no bootleg of a kitchen and a covenant to be signed. This should be reviewed on an annual basis. ' Councilman Dunin explained to the applicant that even with a redesign, there would be no promises that the application would.be approved., . Motion to uphold the appeal and deny the use permit carried on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 5 2. APPEAL OF PLANNING COMMISSION UPU1055 Council held a public hearing to consider an appeal by Jeff Warren of Silver City Mobile Home Lodge of a decision by the Planning Commission denying request to allow addition of two mobile home spaces to replace outside storage area and addition of new outside storage in existing mobile home park, located at 3860.South Higuera Street. Toby Ross, Community Development Director, reviewed the Council agenda report (File No. 407) and stated staff was recommending Council denial of the Use Permit based on two findings: .1) The proposed project, conversion of parking spaces, open space and recreational facilities of the mobile home-park would be detrimental to the health, safety,and welfare of persons residing in the park because of the minimal amount of open-space/recreational facilities for the park; 2) the proposed project is not appropriate at the proposed location because it would block use of the mobile home park residents in the vicinity of the creek and open space park area and remove needed guest parking. Mayor Billig declared the public hearing open. Jeff Warren appellant, reviewed his appeal citing 11 items. 1) The. inclusion of an enlarged existing.facility would not eliminate any park amenity; RV storage was not required in the original use permit; the proposed site is now a dump /storage yard being used exclusively by the park management; 2) after.enlargement, a new three -sided fence could.be constructed of whatever the city felt was appropriate and aesthetically appealing. There was presently a two -foot high picket fence on three sides of the existing parking; 3) the resulting enlarged parking lot would be larger than the existing RV parking; 4) the park plans to plant lawn, flowers and shrubs completely around the parking facility; 5) he submitted photographs to show this site was not currently used for a recreation area. It is presently a dump /storage area for park -owned gravel, dirt and wood; 6) Dick Clark, the Tenant Organization represen- tative to SLOMOTA and GSMOL, had testified as the representative for the park residents that the storage lot was accepted by the residents of Silver City but that the residents felt there was not a need.for such storage in the park; 7) the park offered lockable storage in other areas; 8) the city does not require an RV storage lot or any other outside storage.in other parks; 9).although staff did not feel the proposed RV storage space would meet the need of the park, they had no statistical-data and it was.proven that the current RV storage space had not even been one -half full for the past few years; 10) staff felt it would block the view of the nearby mobile home residents. No view was blocked of the park area as this area was along side of the proposed storage site, not in back of it; 11) Silver City had been one of the leading parks in San Luis Obispo and has worked and cooperated hard with the city on such issues as rent control, etc. It is the least expensive park and the proposal will help it to stay within the confines of the city's rent stabilization ordinance. He urged Council's support. Mayor Billig declared the public hearing closed. Councilman Settle questioned if this was a better design than was originally proposed. Toby Ross responded it was more appropriate but it.still did not meet with staff's support. Councilwoman Dovey questioned how old the park was and if the storage yard had been discussed at the initial use permit stage. Toby Ross explained that because it was shown on the original proposal, the storage yard was a requirement. After brief discussion it was moved by Councilman Settle, seconded by Councilman Dunin, to uphold the appeal by Mr. Warren with the following conditions: City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 6 Findings: 1) The proposed project will not be detrimental to the . health, safety and welfare of persons living or working in the area; 2) the proposed project is appropriate at the proposed location and will be compatible with surrounding land uses; 3) the proposed project conforms to the general plan; 4) the proposed project meets Zoning Ordinance Regulations; 5) the proposed project is categorically exempt from environmental determination. ' Conditions: .1) Applicant shall grant to the city a drainage easement over San Luis Creek from the top of the.existing bank to accommodate existing creek channel to the approval of the City Engineer; 2) appli- cant shall pave the RV storage area to city parking lots standards; 3) proposed wood fence around three.sides of'.the RV storage area shall be to the'approval of the Community Development Department staff; 4) hedging or vines shall be installed to help with the aesthetic value; 5) lockable storage bin shall be required. Motion to uphold the appeal and grant the request carried on the following roll call vote: . AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 3. BUS MAINTENANCE /OPERATION YARD GRANT Council held a public hearing to-consider.the • final.application for UMTA Section 3 grant to build a bus maintenance /operation yard. Dave Romero,'Public Services Director, reviewed the application (file no. 153) and explained that the Council on December 1, 1981, had author- ' ized preapplication for an $886,240 grant. The building of the yard was part of the City's plan to acquire by June of 1987 all of the equipment and facilities required for operation of SLO Transit: Staff recommended that, because alternative 1 was more cost effective, Council should authorize applying for the grant. That would allow the City to accom- plish-about two - thirds of.its total capital acquisition.plan. The chief advantage of:receiving: the grant.money and building the. .yard was that the City_could.avoid• paying- $1,500 per month to the vehicle operations contractor to furnish a'yard. Other advantages were: more control and flexibility.for: the City with its:transit operations; better and more efficient maintenance through good layout, equipment and lighting; higher employee morale for the contractor; and less unproductive deadhead mileage.. The:disadvantage was that the City would have to come up with a large matching contribution. Councilman Griffin questioned the service area shown on page 3 -22 of the report, and questioned if the City would be prejudicing itself by going beyond the service area. Dave Romero stated that it would allow flexibility to expand the transit system in the future, possibly including Cambria. Dave Elliot, Administrative Assistant, stated it would.not-be prejudicial and the yard.could eventually:be used for a regional transportation system. We are applying'for the grant mostly due to the convenience in applying...The.City of San Luis Obispo should be the lead agency as it comprises 60% of:the:area. The facilities would have a.life of approxi- mately 30 years._. Mayor:Billig.questioned if there were any hidden strings.from the Federal-Government that the Council might.have to face later. Dave Elliot, Administrative Assistant, explained there was the Section 13 labor warranty. Additionally, the City would be unable to turn around and sell:the yard and.keep the money itself:if:it later desired City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 7 to. Any proceeds would have to be turned back to the Federal Govern- ment. The City could only use the yard for transit purposes. Upon question by Councilman Dunin, Dave Elliot stated the.City.would be the owner. Mayor Billig declared the public hearing open. Pat Linington, the President of San Luis Transportation Company,-pre- pared a letter he wished to have included as a part -of the - application, objecting to the UMTA.grant for the.operation..yard, and he-specified. seven reasons. He also explained he had written a- letter to the United States Department of Labor for protection-under-the provisions.of; Section 13(c). He read the first letter into the record as follows: "This company objects to the UMTA grant for the Operations. Yard for the following reasons: 1. It allows the City to compete with a privately - owned transportation company currently meeting the transit needs of the service area, thus conflicting.with the policies. and laws regarding UMTA grants. 2. The City consciously chose another contractor that could not furnish a yard. This company's maintenance yard will. .. meet the operation requirements of the City for many years to come. .. 3. The scope of this project is too large to meet the limited requirements of SLO Transit and North Coastal Transit. No_ more than 10 buses are to be used and a 11,000 square foot building and 2.5 acres of land is too big for this-small. fleet. The projected contractor does'not need any office. space, and with only one mechanic with a service area such ' as this will only encourage use of this facility by other city departments, thus encouraging bureaucracy.aad illegal uses. 4. Highway 101 frontage is too valuable to be used as a bus yard. Because frontage land.such as this.is.very.limited, only the highest and best uses should be allowed. Any act to reduce the value of this land could be.construed.as . violation of the.public trust. The City owns other-.lands which would be much better suited. 5. This project has great potential to pollute San Luis.. . Creek, and scenic vistas will be degiaded,_despite the.. - sums of money contemplated to be spent by the City to mitigate the degradation: Also, there.are no projections as to the yearly requirements or,sums to be spent main- taining such a vast project. Such sums may well exceed the cost for another yard in another place whether pro- vided by a public or private source. 6. The reasons stated in the grant application for this yard are not financially justifiable. To try to build such a project just to save $10;000.00 per year in dead -head mileage will ultimately lead to higher cost transit and contribute to the continued need for State and Federal tax money to maintain such a yard, which funds are, by-no means, certain to be available in the future. 7. Project costs have been understated because there is.no provision for compensation for condemnation.of a private:._. transportation provider and its employees pursuant to the provisions of UMTA and particularly 13(c)." Councilman Dunin questioned Mr. Linington if he had been a part of-the preapplication process. Mr. Linington stated he was. Councilman Dunin City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 8 asked if he had made an objection at that time. Mr. Linington stated he had not, however, he had brought this to the attention of the City over three years ago. He explained that he provided his own.yard and felt that 21,2 acres to park 10 buses was an outlandish waste of Federal money. The City should use the money to.build. the parking garage. Mayor Billig declared the public hearing closed.. George Thacher, City Attorney, responded to questions land 7 pertaining ' to violation of the UMTA policies and laws and explained staff had been advised by Federal and State representatives the project would not violate UMTA policies in any way. With regard to condition 415 concerning pollution, he stated a negative declaration had been filed in the Environmental Review. Regarding statement 413, it was up to the Council to decide the adequacy of the size of the project. Councilman Griffin questioned the deadline date to file the application. Dave Elliot explained September 30 was the close of the Federal fiscal year. Mayor Billig requested that in the future staff receive assurances in writing rather than over the phone. On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4947 (1982 Series), a resolution of the Council of the City of San Luis Obispo authorizing the filing of an application to the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended. Passed and adopted on the following.roll.call vote:_ AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None After brief discussion and upon general 'consensus; staff.was directed to prepare a memorandum responding to the'seven points outlined by San Luis Transportation and to include this response with the UMTA application 4. BY -LAWS - PROMOTIONAL COORDINATING COMMITTEE Council considered a resolution for the adoption of by -laws for the Promotional Coordinating Committee. Geoff Grote, Assistant Administrative Officer, reviewed the Council agenda report (file no., 1052) and stated staff was in agreement with the Promotional-Coordinating Committee that the by -laws would-,adequately guide the P.C.C. in the conduct of :its business.and was recommending Council approval. He did note some grammatical changes and suggested that additional, language be added to article -7, 1B, -:to: include the.:,. requirement that the City Council would also need to.-approve the by -laws for an affected amendment. Mayor Billig asked for public discussion. No one appeared before or against the proposed by -laws. Councilwoman Dovey suggested wherever the word "advisory body" appeared, have it read, "committee" and revision to article 6, paragraph .4, last line, "with copies forwarded to the Committee Chairman, Of tU W0000 VOOO and the City Clerk." She also suggested leaving item 3.of article 6 out which read, "Leaves of absence are not granted to advisory body members"-, as that is already a part of the Advisory Body..Handbook. City Council Minutes Tuesday, September 7, 1982 - 7:00 p..m..: Page 9 Mayor Billig suggested adding under article 7, amendments to by- laws,, 1C, with.language.similar to "timing for,.review..should be.consistent.. with the Advisory-Body Handbook. ": After brief discussion it was moved by.Councilman Dunin, seconded by Councilman Settle, to introduce the following resolution: Resolution No. 4948 (1982 Series), a resolution of the Council of the City of.San Luis Obispo adopting the Promotional Coordinating Committee By -Laws with amendments submitted.by Councilmembers Dovey, Griffin and Mayor Billig. Passed and adopted on.the following:roll call vote:.., AYES: Councilmembers Dunin, Settle, Dovey,. Griffin and Mayor:Billig NOES: None ABSENT: None .. 5. DOWNTOWN PARKING PROGRAM Council considered a resolution for the adoption of a policy statement and an action plan for downtown parking. Paul Lanspery, Administrative Officer, reviewed the Council agenda report (file.no. 554).,stating.staff had.been..directed.to prepare:,a policy resolution articulating•Council's:desire , to deal with parking. needs!in.a comprehensive manner. The draft resolution before the Council:.focuses.on a.centralized approach to.deal with the parking. demand:. Both.structural and non - structural programs were proposed for implementation. He stated the resolution provided for a five -step action plan consisting of: 1) Initiation of a Ridesharing Program in conjunction with the County's Ridesharing Office; 2) final design of the parking garage on the southwest corner of Palm and Morro streets; 3) calling a protest hearing to consider formation of -an assessment district for the purpose of financing improvements for the Marsh Street lot improvements as recommended by CPAC; 4) preparation of an ordinance establishing an in -lieu fee for meeting parking requirements in the C -C zone; 5) an on -going program to restripe city -owned surface lots to increase their efficiency. Also attached was a time schedule indicating follow -up actions which would be required to implement the recommended action plan. He also suggested some.revised.wording on page 2 (5 -3) item 3C, which would direct staff to return to the Council with a plan for the formation of an assessment district including public hearings and other legal requirements for the purpose of financing for the Marsh Street lot improvements as recommended by CPAC. ; Wayne Peterson, . City Engineer,.again.reviewed the CPAC proposal and costs for the garage and Marsh Street., The cost of the garage would be $3 million, number of spaces - 346, the current private net gain would be 231.new public spaces, property-to be acquired with one additional parcel. The Marsh Street cost.was.$1,200,000,.number of spaces - 1001 net.gain would.be 67.new spaces, 100:new; public spaces, property.to be required with three additional parcels. Rudy:Muravez; Finance Director, then.reviewed again for Council . and, public.benefit the annual.costs,•net costs per space, and capital:. investments required for the garage using option B, option C, the Marsh Street surface lot, and existing #3 and #11 city lots. Paul Lanspery, Administrative Officer, reviewed the seven recitals in the resolution and stated staff had factored in past studies, existing policies, CPAC proposal, Wilbur Smith proposal and other economic conditions., Mayor Billig declared the public hearing open. Jay Hues, owner /operator of Put -Ons and a partner with the owner of Beverly Fabrics, stated that whatever assessments were made, they would affect his business. He wanted to go on record stating he was willing P 1 City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 10 to pay his fair share. He felt this was a nice town and was concerned that if the mall were to be built'in the.ar_ea,-- there _would be-plenty. of parking available because lack of it would dry up the city. He felt the adoption of a program was a must and needed to be pursued, and the tenant should be paying for parking in the downtown area. Let the merchants pay for it and forget the mall idea.-'He urged the Council to seek a major tenant to build -up the downtown area. 1 - Charles French, Cuesta Properties, stated that his company had spent over $2 million in the downtown area. They wished to go on record as being 100,-percent supportive of.the structure. Helen Karlovich stated she was against the parking structure and felt the City should be pursuing mass transit, not parking. She had entered the contest recently offered by F.R.E.E.D. She felt by the year 2000 there would be a new mode of transportation available. She felt she could.put in benches and planters at a cost of about $2,000, a far cry from -the expensive structure now recommended. There should be a greater use of the park- and -ride program and use the money saved to give free tokens. Roy Bigley; salesman and non - resident, stated he was opposed to the parking lot and suggested a "10- seater jitney "'. He had seen it used in Atlantic City; it was no problem. -He felt 1) during construction the town would die, and 2) when the lot was filled, it would be by civil servants, instead of shoppers. The city should be looking at other alternatives. Rod Calderhead, representing F.R.E.E.D., stated he was opposed-to the parking structure; F.R.E.E.D. had spent over,$1,750 to find other alternatives., There are many other lower -cost alternatives the.city should be using. 446 spaces with a loss.of:170.at.a cost of over $5.9 million was too expensive for such a project. F.R.E.E.D. would support a- free -ride parking program, restriping, and bus lotteries. Council should try these first before going forward on a parking structure. Don Ross, architect and-San Luis Harbor Port Commissioner,-felt that, as far as the policy'•resolution, the parking structure.should be a low priority. He then reviewed a letter that he had submitted to the City Council entitled "A parking solution or a redevelopment plan ?" Bob Tolley; Tolley's Buster Brown Shoes, stated he was in-support of the - parking structure. ,He felt if we looked at other downtown areas, we would see that the downtown would die without a parking structure, . examples were all around us. Roy Hanff suggested the parking structure be built and maintained by a private enterprise, not by the city. He felt a.parking structure would be unsafe and "cited the -Santa Maria Mall..-Muggings and rapes can easily occur. He felt the Council was-being irresponsible and cited the recent approval given to Mr. John King for the Park Hotel Development. Mr. King was required initially to provide 67 parking spaces and later only:had to provide 20. Vern'Garcia, with a business located across from .the. Creamery, stated he was opposed to the parking program and.-against the city-putting a lien on his property. He felt the parking structure was.going to'be.built for 90 percent County and .City employees use., There�is plenty of surface parking around town:and-no need:for a parking structure.,, Ila Harmon stated she was opposed to the proposal and felt that it was one of the worst projects to come before the city-. John Lunn, an architectural student from Cal Poly, felt the parking structure was totally out of. scale: with: our. small: city. It was not keeping with the small -town atmosphere and he would oppose the.parking structure. City Council Minutes Tuesday, September 7, 1982 - 7:OO p.m.. Page 11 Ron Bearce stated the, city was in the process. of .a redevelopment pro- posal for downtown. He felt the majority.of, the property owners were against the program and more and more downtown businessmen realize.that they can't get a free lunch.. He.questioned how much the meter income would net and could the project pay for itself.. He felt the economy would -turn around and become worse,.there could be a shortage of gas.and parking would not be important.at that point. Who would pick up the. bill if the project did not pay for itself. Kathy Silva, Chairperson of the B.I.A., stated the B.I.A. Board unani- mously voted to support the CPAC proposal. She reviewed a recent survey made by the B.I.A. which showed the total of the block survey to be 40% for, 54% opposed and 6% undecided. The mail survey.showed 92 %.in,.:. support, 8% opposed and.0 undecided. Total.of. both the surveys showed 47.4% for, 47.4% against with.4.9% undecided. Russ Johnson, businessman, stated he strongly.opposed_ the parking..,_ proposal. He felt the Council had been irresponsible.in its duties and felt the downtown had been killed years ago. Charles Bove, Manager of J.C. Pennys and member instrumental in the supporting of.-this proposal stantly hears from shoppers of the poor parking He felt many of the alternatives suggested were would soon wear off: He would support-the CPAC Council's adoption. of B.I.A., had been He stated he con- in the downtown.area. simply novelties that project and would urge Erin Fackman, owner of a business across from the Creamery, stated she was totally opposed to a mall due to.safety factors.. She said even the Sears parking lot has had its share of problems. This.is the first time that the B.I.A. has even asked for her opinion as to-how she felt. The B.I.A. was taxation without representation. Fred Johnson, co -owner of a retail business in San Luis Obispo, asked Council,.to look hard at the alternatives.but to support.the,CPAC pro- posal. He questioned where all these people were when CPAC was in the middle of discussing it. This group of volunteers had worked very hard on the proposal;-they have looked at alternatives, determined the needs, and considered the use of the land; he would urge Council's support. Nancy Poe, downtown merchant, again reminded the audience the B.I.A. members were all volunteers and they had worked hard at a proposal.. She would urge Council's support. She felt.the downtown desperately needed the-help of the parking structure. Pat Gerety, 685 Higuera Street, spoke in support of the CPAC proposal but had three concerns: 1) The property owners will have an opportunity to protest their assessment but the tenants should also-be-given an opportunity; 2) the total B.I.A. tax should be used for the parking proposal; 3) he felt it.wasn't.fair the.assessment be based on square footage of a store alone as different businesses generate different amounts of traffic: • Jerry Munger, business owner in the downtown and past Chairman of the B.I.A., stated the high.rents were driving:him.out. He. needed addi tional shoppers and would be supportive of the project. The B.I.A. was formed through'State legislation (AB103) because the downtowns in other cities were dying. They were unable to compete with the mall sprawls. If we do not provide parking for our customers, there will be nothing left of the downtown. Beth Law felt a responsible council of government would recognize the need for the parking program, and she would support the proposal. Will Bearce stated this proposal would hurt more than help. The new proposal was calling for.the• parking garage to be one -half block further away from the downtown area than the present parking lots that would be done away with. He stated the parking lot next to the Anderson Hotel will also be closed and the new parking structure would be housing City F 1 City Council Minutes Tuesday, September 7, 1982 - 7:00.p.m. Page 12 and County employees only. He urged Council to look at other cost comparisons, look at the alternatives and do away with the parking structure. Rudy Silva stated he had been long involved with the downtown parking problems. He was opposed to a parking garage for all the reasons previously cited. He was against the attempt to solve the problem by using the Marsh Street location which only created a few spaces. He ' threatened the Council that should they go ahead with the proposal, he would'see to it that a referendum was called. Mr. Hansel Vicca, resident of the Anderson Hotel, was concerned the parking garage would not be instrumental in tearing down the Anderson Hotel as this was one of the last residential areas in the downtown. Carol Garcia, downtown business owner and member of B.I.A., spoke in opposition to the parking structure and was strongly opposed to the personal assessment costs. George Shushan would like the parking structure to be the last consid- ered. He felt it was out of character in the City of San Luis Obispo. John French, who served on the CPAC Committee and an owner of Cuesta Properties, spoke in support of-the project and urged Council's support. Ria'Roush felt this would be a loss of tax dollars, and he was concerned with relocation assistance. The City would lose a lot of money by tearinv down.the existing retail-stores to-.place-parking,--and he felt this was- irresponsible. -. -:: - Chuck Slem, local businessman, was primarily concerned with the econ- omics. -If the program was not going to be feasible, the Council should recognize it,and they.should do so-by-setting a maximum amount: of what is� reasonable for parking space. Tom Brown, past president of the Downtown Business Owners' Association, stated::he was in support:of the CPAC;proposal in addition to other alternatives that had been suggested. He would rather see too many parking spaces than too few. R6n•Bearce felt the Council should -pay close-attention to the survey polls. He submitted an alternative proposal explaining parking should be built on the existing.surface.lots so you -do not lose present parking but rather double -up on that which we already have. Mayor - Billig then read the following letters into the record: First, letter from Tom James, CPA, to the Council that read: "This is to affirm that, as both a downtown - property owner and businessman, I endorse the CPAC proposal for resolution of the -downtown parking problem. ". Second; letter from Stan Clinton: . "As -a businessman and the-.. - owner of:two prime parcels-.in downtown San.,Luis,Obispo within the B.I.A.-parking district,_I want-to express.:my support: - for:.. the.CPAC proposal-. We feel that this plan-,for providing additional parking for downtown businesses is in the interest of all of.us doing .-,business in:the downtown:area." _ Third, letter from Clifford Baines, Treasure Island Antiques: - -.'..'.'Please-take notice. of -my- .objection to:any_ increase of assess- :ments for a parking lot. I own a small business at 645 Higuera and cannot stand the additional overhead; use the = other:methods available:": . FF6urth,:letter from Ross Humphrey, Rileys: "Riley's Department Store, Znc.,:and Allen H: Investment Company-are in total support of the CPAC parking plan. City Council Minutes Tuesday, September 7, 1982 - 7:00.p.m.. Page 13 As a former Chairman of the B.I.A. Parking Committee, I have - been witness to the many dedicated hours of research, planning;. consulting, and meetings with city staff that have gone into the formulation of the parking plan. If I have reservations about the CPAC plan, they would be: •1) It's 10 years late in implementation; 2) its size and scope is small. Enough time, energy, compromise, study sessions, and consult- ing have been expended. The CPAC plan is well thought -out and economical, and it should be implemented at once." Mayor Billig declared the public hearing closed. 10:15 p.m. Mayor Billig declared a recess. 10:45 p.m. City Council reconvened, all Councilmembers present. Mayor Billig posed several questions for staff's response: 1) Why had staff recommended the City be the lead agency rather than going to a private operator; 2) liability factor; 3) costs relative to what is being charged in other communities; 4) explanation of liens on.personal property; 5) income and expenses relative to now; 6) savings in assess- ments if all B.I.A. dollars were used in support of the program; 7) how the assessment would be arrived at; 8) who would be using the lot; 9) accessibility to shoppers and net parking spaces to be received; 10) loss of tax revenues; 11) why the alternative location on Palm.and Morro; 12) legality issue of a lottery situation; 13) why tire chalking program was curtailed; 14) what is projected by staff with regard to displacement by city and county employees of potential parkers in the structure; 15) possibility of other projects within the program and the parking program 10 years from now; 16) merits or demerits of the Bearce Project; 17) clarification of in -lieu fees in the C -C zone. Rudy Muravez, Finance Director, explained the City had looked-at the possibility of having a private operator running the garage with the city leasing out the land for $1.00. At the end of the agreement, we would have to pay for the structure and have no equity in the interim. With the city as the operator, after 20 years we could own it ourselves. With regard to City liability, George Thacher, City Attorney, explained we have to provide proper lighting and other safety factors; and the parking structure could be made safe. With regard to lotteries there was a strong possibility this would be illegal; he would research it, further and special legislation might allow for it: With regard to using B.I.A. tax monies for the purchase of the land and facilities, he could see no problem. Wayne Peterson, City Engineer, again reviewed the basic annual costs for the parking lot meters which would generate $27,000 and the CPAC proposal which would require the property owners to pay no more than a total of $150,000. The in -lieu fee program would take care of changes that would occur in the future such as intensified use of the property. -He reviewed the accessibility to shoppers and the net spaces. Upon question as to how the location at Marsh and Broad was determined, Mr. Peterson stated the Wilbur Smith study felt it was the most logical place for a future structure having an estimated 90 spaces per level. With regard to loss of property tax receipts, Rudy Muravez explained loss in revenues would be in business licenses or sales tax revenues. If the business were to relocate outside the city due to Proposition 13, this would be a very small or insignificant loss. Using the payback . analysis, he stated it would be five years before there was a cash -flow deficit. He then explained the revenues and expenditures which was highly dependent upon what were put into the garages. We could use the method of short -term parking or long -term parking; the rates would be adjusted accordingly. 1 �II 1 City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 14 Roger Neuman, Police Chief', explained why the city decided to stop marking tires: That was the highest dissatisfaction among shoppers and, further, the Council a couple years back stated it was their desire that a person be allowed to feed the meter with no tickets being issued. It was proved there was no high turnover of shoppers by doing so. Eighty percent of all tickets issued are a result of failure to put money.in the meters. In response to who would be the .major user of the parking structure,. Wayne Peterson, stated that most County. and City employees have parking already available to them so it would primarily be shoppers. Shoppers have ;more incentive as there would be no meters,: and it would be con- venient. The Marsh and Broad.Street lot would probably be primarily used by downtown employees.. This could easily.be changed by putting in two -hour meters. As to why lot 11 was chosen instead of lot one, it was closer and had better access to the downtown. The disadvantage of lot one was the terrain. With regard to the in -lieu fee program, Toby. Ross stated this was very different than any kind of assessment. Nothing had been determined; staff would need to prepare and bring it back for Council adoption. •Regarding relocation fees, George Thacher. explained that relocation of any business would be under the guidance of State.law requirements which mandate the relocation steps. Councilman Dunin questioned the possibility of allowing tenant input at public hearings for in -lieu fees. George Thacher stated this- determination could be:made by the.Council. Councilman Dunin and Mayor Billig requested staff research malls in other cities as to safety and economic issues. Upon question by Councilman Dunin as to whether any general fund monies had been spent for the:project;.Rudy Muravez stated.revenue sharing had been used, which for all intent:.and:purposes; could be- considered general fund because it.can.be used.for:anything. .He cited amounts had -been used in past years, for - land .acquisition,. appraisals, .etc. It was staff recommendation that city contributions be stopped and user fees utilized - instead. Councilman Dunin-asked for clarification as to how the block survey had been conducted. . Kathy Silva stated the block:.survey; done by the B.I.A., counted one vote per business: The results were:gone through.on an- individual basis this afternoon and the figures reflected an honest vote. Upon question by Councilman Griffin, Wayne Peterson again reviewed the number of spaces gained if.'restriping was done for.compact cars. His figures showed not more than 15 to 20 spaces would be gained. Upon question by Councilman Dunin.as:to.the parking deficiency by 1990, Wayne Peterson replied-1200 spaces. Councilwoman Dovey clarified the)Counfy:Ridesharing:Program explaining it was not County but rather a regional ridesharing program funded by a state grant and the position'of the County.employee:now running the ' program is not a guaranteed.funded position. She reassured members of the audience the proposed structure would not be an ugly one in reference to comments made earlier. In.fact,:from:.the.location of.Morro and,Palm Streets; it will look like any other building. -:She also felt emphasis for'the viability of downtown should not;be: the number of spaces, but rather how it would help revitalize the downtown in.an effort to assist businesses attract customers. :She felt the.parking.issue was.not the city's problem.alone, but rather city government;is to provide.for the health, welfare and safety of its citizens which would include keeping City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 15 the downtown viable, which is.where.the parking would fit in.• She reminded the audience;ttoo; there's no free parking whether. its . "Free" in a shopping mall or provided with parking meters; somebody always ; pays. Councilman Griffin stated he was pleased with the committee input. He favored a concentrated structure for the vitality of downtown. He stressed again that financial feasibility must be fully established; however, staff was making great strides.towards.that.end.. He was. disappointed that many comments were derogatory in nature:as.he felt in order.to solve the problem, we needed to be working together. This plan was only a start and would need to be monitored on a :regular basis..:: Councilman Settle stated.he could.support the policy resolution. The City should be looking towards a long -range solution of 20-to 30 years from now. Methodology and alternatives were important... Many of the. alternatives suggested were excellent for short -range but not long -range goals. The City must recognize we are dependent upon the vehicle, the resolution would be a good point of departure; and nobody is going-to start bulldozing for a parking lot.tomorrow. The.City had:already made a large.contribution both with money_and.staff;:he.felt that;;if some- thing isn't decided soon, it may be too little too late. .The City is not requiring payment from business owners in,the C -C zone.for.parking, and he felt something must be done about it. The property owner should be helping as well. Councilman Dunin stated the-parking problems had been with the City for many years. The first parking program was looked at in 1961. The City has spent seven years in studies with the Chamber of Commerce, B.I.A., Consultants, CPAC; and now have a proposal. The policy before the Council this evening was one of concept only. Staff would still have to come back with.the program, and there would be many hearings and oppor- tunities for additional.input. The parking portion was.but a.single . component; other alternatives would be continually looked at. With regard to the in -lieu parking fees, he.felt the:downtown had been given a free ride long enough. The.B.I.A. was..supportive of CPAC, not because it was going to solve a lot of problems, but because it was a step.in the right direction. He encouraged F.R.E.E.D., Mr. Bearce, and other groups that were interested.to.continue working with staff and submit- ting proposals and suggestions.. He agreed with Councilwoman.Dovey that the structure would certainly not be one of ugliness. He.would.support the resolution as proposed, with the understanding this was only the beginning. From now on the reallwork.would be conducted by.staff,.the community and Council. Continued input was extremely important. He would like to see staff provide some protection for a cost override, or devise some method that would make the City aware if the cost "exceeded the estimates. -Further; he would like to see the figure of $150,000 for the downtown property owners become fixed.::He would.also support a!; concentrated parking garage. Mayor Billig admitted there had been much discussion but now a decision must be made. Previous Councils'had recognized the importance and the needs of the downtown by providing for large CIP projects. The City must now provide the vision-and leadership required; by that, the City should recognize the long -term commitments made in the downtown goals statement, general plan, and City work program, to promote the City as the retail, cultural center of the County.. The City-is also attempting to obtain a major department: store. in the,downtown,area. She. felt the proposed resolution embodies both present and past Councils' intentions to keep a viable downtown. She felt the centralized approach would be the best and most responsive. :She assured the.citizens both structural and non- structural alternatives.were being sought. The.City circulation plan also emphasized a balanced.program to include ridesharing, bicycles and the bus system, but the City must recognize that the automobile is here to stay. The resolution does include suggestions made by F.R.E.E.D. and other parties. .She,,too, stressed the importance of all groups: working together. There would.be.ample opportunity for public response at various commission levels. City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 16 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4949 (1982 Series), a resolution of the Council of the City of San Luis Obispo adopting a policy statement and approving an action plan for downtown parking with the following amendments: Recital 1 - "The City Council, supports a basic policy'of concentrated parking for the downtown area." t Recital 2 "structural and non= structuial.'programs which will ��Ooo ff facilitate and reinforce this concentrated approach should include: 110111 ¢od$i #f Of V00 W4<¢t4<W idd nio i4iffi¢iifiX 0010WO id¢XdOUVI Paragraph A, "The development of centrally located.downtown.parking JJJJJ¢0 structures and surface lots fJJ404 financed and operated" on an enterprise basis. Specifically, program costs will be recovered through user fees`to the maximum extent possible. " - Paragraph 3B, "Direct staff to ftO00¢¢ Offt develop and recommend procedures for-the financing, land acquisition and final design of a parking Jjtajo structure on the southwest corner of Palm and Morro Streets which will accommodate J "JJ;6ji i J" Ot Of optimum parking, retail and commercial spaceg` which is fully financially feasible and which is Jt1l$ it ft ¢JQ f116� f¢¢4fgJtJt ig fJJJJ0JJJ JJO 04 Yi4i i f0f �f4i�4i¢lf. compatible with the adjacent areas and the character of the downtown." Paragraph 3C, "Direct City staff to return to Council with a plan for ¢JXX.J ffOfjjf �Ojt%dJ f0 ¢¢d�X4<¢f the formation of an assessment district, including public hearings and other legal requirements, f0f f4s¢45 41�4i�4� �� fMO fitkfig A$-if04i" 00163Aiff$0." Paragraph 3D, "Direct staff to prepare an ordinance ¢s`f�1bXf��ipig 4(�i ' which could establish in -lieu fees as an option for satisfying f4if j6¢¢f%JJ parking requirements in the C -C zone." Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 12:15 a.m. Mayor Billig declared a recess. 12:20 a.m. City Council reconvened, all Councilmembers present. 6. ENCROACHMENT UPON CITY PROPERTY Council considered a request for stairway encroachment at 848 Monterey Street into adjacent City parking lot between Chorro and Morro Streets, Dr. Karl Kundert, applicant. Toby Ross, Community Development Director; reviewed the Council agenda report (file no:,402):and stated it was staff's recommendation to retain .the present City policy.onlencroachment upon City property and deny the applicant's request:' Tom Priest, architect for the project, reviewed, in length-, the merits of the proposal. After brief-discussion it was moved by Mayor Billig, seconded by Councilman Settle, to direct staff to work with the applicant on an integrated approach concerning the design of the.easement and accessibility to the project. Motion carried on the following roll call vote: City Council Minutes Tuesday, September 7, 1982 - 7:00 p.m. Page 17 AYES: Mayor Billig, Councilmembers Settle, Dovey, Dunin and Griffin NOES: None ABSENT: None 7. GROWTH MANAGEMENT After brief discussion and upon general consensus, Council agreed to consider the revised Residential Growth Management Regulations at a future study session. Motion carried, all ayes. 12:40 a.m. City Council adjourned to closed session to discuss personnel and litigation matters. 1:10 a.m. City Council reconvened in regular session, all Councilmembers present. There being no further business to come before the City Council Mayor Billig adjourned the meeting at 1:15 a.m. to Monday, September 13, 1982, at 2:00 p.m. 4mLela Voges, Cit erk APPROVED BY COUNCIL: 10/26/82 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 14, 1982 - 5:30 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Wayne Peterson, City Engineer; Steve Henderson, Human Relations Coordinator; Dave Romero, Public Services Director Others Present: Human Relations Commission members Susan MacDonald, Josef Kasparowitz, Perry Connor, Linda Wenzl, Mary Ann Vasconcellos, John Carsel, Lynne Levine, Daniel Sweeny, Carolyne Hostetter, Carol Tingle, Doug Jones 1. JOINT STUDY SESSION WITH HUMAN RELATIONS COMMISSION Council held a dinner meeting with the Human Relations Commission to discuss proposed ordinance establishing the Human Relations Commission. 1 1