HomeMy WebLinkAbout04/17/1984City Council Minutes
Tuesday, April 17, 1984 - 7:00 p.m.
Page 2
C O N S E N T : . A G E N D A
On motion of Councilman Griffin, seconded by Councilman Settle, the consent
agenda was unanimously approved as recommended by staff with the exception
of C -4 as noted. The following actions taken as indicated:
C -1 COUNCIL MINUTES
Minutes of Tuesday, February 21, 1984 - 7:00 p.m.; and Monday, February 17,
1984 - 12:10 p.m. approved as amended.
C -2 CLAIM AGAINST THE CITY - .THOMAS (File 41189)
Claim against the city by Astrid A. Thomas in the amount of $160.12, for
damage to his vehicle allegedly caused when a city tree branch fell on his
automobile at 894 Monterey Street, was denied.
C -3 TRAFFIC WORK ORDERS
Resolution No. 5339 (1984 Series), a resolution of.the council-of .the.city
of San Luis Obispo approving traffic work orders for the period of January
1, 1984, through March 31, 1984 was adopted as recommended.
C -4 AMPLIFIED SOUND IN SANTA ROSA PARK (File 41802)
Councilman Dunin stepped down from discussion of this item.
On motion of Councilman Griffin,-seconded by Councilwoman Dovey, that the
request for use of amplification in Santa Rosa Park for Saturday, May.5,
1984, be approved as recommended by staff. Motion.carried unanimously
(4 -0 -1).
Councilman Dunin returned.
C -5 PLANS AND SPECIFICATIONS - LAGUNA LAKE GOLF COURSE (File 4183 -08)
Plans and specifications for "Laguna Lake Golf Course Modification to
Irrigation Plan," City Plan No. G -46; bid estimate $54,390, without contin-
gencies was approved and staff authorized to advertise for bids.
C -6 STENNER CANYON HYDROELECTRIC PROJECT (File 41518)
Resolution No. 5340 (1984 Series), a resolution of the Council of the City
of San Luis Obispo approving an agreement with Jearld G. Nielsen for
inspection services at the Stenner Canyon hydroelectric project including
the penstock construction project as recommended by staff and Mayor authorized
to sign.
C -7 LAGUNA LAKE PARK GRAZING LEASE (File 41881)
Form of lease to provide for a five -year grazing lease near Laguna Lake
Park was approved with amendment to Section 11 under irrigation to read
"Leasee shall not use water from Laguna Lake to irrigate any portion of the
leased premises without the prior written approval of the City Council."
Staff was further authorized to proceed with the advertising for public
auction to be held on June 5, 1984.
C -8 AGREEMENT FOR SOFTBALL FIELDS (File 41801)
Resolution No. 5341 (1984 Series), a resolution of the Council of the City
of San Luis Obispo approving an agreement between the City and the County
of San Luis Obispo for recreation facility use at Rancho E1 Chorro Park
softball fields was adopted as.recommended by staff with Mayor authorized
to sign:
C -9 SALINAS RESERVOIR OPERATIONS (File 411104)
A proposed amendment with the Army Corp. of Engineers to amend a license
granted to the city providing water from the Salinas Reservoir Project and
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City Council Minutes
Tuesday, April 17, 1984 - 7:00 p.m.
Page 3
outlining its method of payment for operation with the County was approved
in concept with staff directed to negotiate the final amendment with the
Army Corp. of Engineers, the final amendment to come back to Council for
adoption.
A -1 AGREEMENT WITH MANN THEATRES, CORP. (990 MONTEREY) - (File 4168)
On motion of Councilman Settle, seconded by Councilman Dunin, Resolution
No. 5342 (1984 Series), a resolution of the Council of the City of San Luis
Obispo was adopted approving an agreement between the City and Mann Theatres, i
Corp., for the purchase of property located at 999 Monterey Street in the
amount of $215,000 as recommended. Motion carried unanimously.
P U B L I C H E A R I N G S
1. ZONING REGULATIONS AMENDMENTS - NEIGHBORHOOD - COMMERCIAL USES AND
CORNER CUT -OFFS /SETBACKS (File 44463)
A. Council held a public hearing to consider final passage of Ordinance
No. 1008 (1984 Series), an ordinance revising the Zoning Regulations
regarding uses allowed in the neighborhood - commercial (C -N) zone (continued
from 12/13/83, 1/10/84, 2/21/84 and 4/3/84).
B. Council held a public hearing to consider final passage of Ordinance
No. 1009 (1984 Series), an ordinance revising the Zoning Regulations
regarding property development standards concerning intersection visibility
setbacks (corner cut -offs) (continued from 1/17/84 and 4/3/84).
Toby Ross, Community Development Director, reviewed the council agenda
report with the recommendation that Council give final passage to both
ordinances as recommended. Ordinance 1008 would approve a negative declara-
tion of environmental impact, add specialty sales subject to floor area
limits to allowed uses in the C -N zone and make other minor changes.
Ordinance 1009 would approve a negative declaration of environmental impact
and implement revisions to the.Zoning Regulations regarding property
development standards affecting intersection visibility setbacks.
Mayor Billig,declared.the:public hearing open.
T. Keith Gurnee, representing several property owners in the C -N districts,
spoke to Ordinance 1008, urging Council's final passage of the ordinance,
with a reminder that he would like to see them continue to pursue the
portion deleted at the last•meeting concerning professional•offices.:
Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey, seconded by Councilman Settle, to give
final passage to Ordinance No. 1008 (1984 Series) as recommended, an
ordinance of the City of San Luis Obispo- amending Division I of Title 17 of
the Municipal Code concerning uses allowed in the C -N zone (CR1122 -A).
Motion carried, Councilman Dunin voting no.
On motion of Councilman Griffin, seconded by Councilman Settle, to•final
passage to Ordinance No.:1009 (1984.Series), an ordinance of the City of
San Luis Obispo amending 9202.5.B.6 of the Zoning Regulations concerning
intersection visibility as recommended by staff. Motion carried, Councilman
Dunin voting. no.
2. APPEAL OF PLANNING COMMISSION DECISIONS UPU1146 AND UPU0898 (File 44407)
On motion of Councilman Griffin, seconded by Councilman Settle, to continue
public•hearings for the consideration of appeals by•Kal Benuska on behalf
of the Phi Sigma Chapter of Lambda Chi Alpha Fraternity to:
A. appeal a. condition of approved.Use Permit (U1146) authorizing uses
allowed of a fraternity house at 1 Mustang Drive, and
B. revocation of Use Permit (U0898) for a fraternity located at 1617 Santa
Rosa Street, to Council meeting of May 1, 1984 as recommended by staff.
Motion carried unanimously.-: - --
City Council Minutes
Tuesday, April 17, 1984 - 7:00 p.m.
Page 4
3. PROCEDURE FOR REVIEWING CREEK PROJECTS (File #597)
Council reviewed and considered an ordinance which would amend the procedure
for review of certain projects having a major impact on city creeks and
waterways (continued from 2/7/84).
Toby Ross, Community Development Director, reviewed the council agenda
report recommending that Council pass to print the ordinance to revise the
Municipal Code to provide for different types of review for different types
of projects in the creeks and waterways. Basically it would provide: 1)
Council review of any building or bridge proposed to be constructed in or
over any portion of the four major creeks; 2) Council review all of major
creek modification projects; 3) Architectural Review Commission review of
projects along creeks for compliance with the uniform storm design criteria
for waterways and other policies and standards for flood plain management
adopted by Council. "Minor or incidental" provisions of the existing ARC
ordinance would allow review by staff provided that a project did not
adversely affect the creek environment, including the channel flow, creek
banks, or riparian vegetation and projects that were consistent with the
uniform storm design criteria for waterways as adopted by Council.
Mayor Billig asked for public comment, none was forthcoming.
After brief discussion it was moved by Councilwoman Dovey, seconded by Council-
man Dunin, to introduce Ordinance No. 1010 (1984 Series), an ordinance.of
the City of San Luis Obispo amending the Municipal Code regarding the
procedure for review of creek and waterway projects with the amendment as
recommended by staff in Section C, second sentence to read "Approval shall
be granted if the commission finds that a project complies with the uniform
storm design criteria for waterways iii, all other applicable policies and
standards for flood plain management 1f�Oj iJ ¢ff¢jC/ , and otherwise
satisfies relevant architectural criteria." Ordinance introduced to print
by unanimous roll call.
4. BUCHON STREET (File #462)
Council reviewed Buchon Street traffic operations with staff's recommen-
dation to remove four parking spaces on the north side of Buchon Street
east of Morro and Chorro Streets and to return a portion of Buchon Street
to a one -way (eastbound) between Santa Rosa and Johnson Avenue:
Dave Romero, Public Works Director, reviewed the council agenda report
requesting Council approve the staff recommendation. He also reviewed
alternatives and gave a short slide presentation of the area being affected.
Mayor Billig asked for public comment.
Dave Hannings, President and representing Old Town Association, stated he
would still like to see a four -way stop at Chorro and Buchon, and would-be
supportive of widening Buchon Street as an alternative.
John Sullivan, 855 Buchon Street, disagreed with staff's analysis of the
accidents in the area. He felt there had been considerably more than the
report showed. He too would support a four -way stop and agreed with staff
for the removal of two parking spaces.
Chris Hoover, 1144 Buchon Street, stated she had been a resident for 11
years. She spoke in support of widening of the street and keeping it
two -way.
Catherine Owens, 1552 Madonna Road, felt that Buchon should be an arterial
street and one -way. She could not support staff recommendation and urged
Council's disapproval.
Sherry Fontaine, 1216 Buchon Street, would like to see Buchon remain a.
two -way, because the speed was still extremely high. She felt congestion
was bad and the noise level unbearable. She felt that a one -way would
cause it to become too fast. She also would be supportive of stop signs.
Councilman Settle stated that he could support the stop sign as recommended
by staff. Also he would be in favor of widening the street and supporting
that portion that staff recommended for one -way.
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City Council Minutes
Tuesday, April 17, 1984 - 7:00 p.m.
Page 5
Councilwoman Dovey would also support a four -way stop at Chorro and Buchon,
removal of the two parking spaces at Morro and Buchon, and she too favored
widening of the street between Santa Rosa and Toro.
Councilman Griffin stated he too could support Councilman Settle's recommen-
dations.
Councilman Dunin again stated he felt this was a very dangerous area. He
could support the widening, however, he was never supportive of the original
decision, and still did not see this as resolving the problem. He would
like to see in the future all alternatives including the original ones
recommended by staff. In this particular case, he would be interested in
reviewing the pros and cons for returning this to one -way'.
Councilman Griffin would have liked staff review in the future the pros and
cons and effects that the circulation posed with regard to this area.
After brief discussion it was moved by Mayor Billig, seconded by Councilman
Settle, that staff be directed to remove stop signs at Nipomo and Buchon;
four -way stop to be installed at Chorro and'Buchon; two parking spaces to
be removed at Morro and Buchon as recommended by staff; parking spaces to
be removed as needed at Buchon and Chorro; staff to prepare plans and
specifications to widen Buchon between Santa Rosa and Toro, with funding to
come from the 1984 -85 budget. Further, staff to investigate the possibility
of installing a physical barrier to deter left-hand-turning from Johnson to
Buchon, with report back in 6 months on traffic operations and effect at
Nipomo and Buchon Streets only.
Motion:carried on the following roll call vote:
AYES: Mayor Billig, Councilmembers Settle, Dovey and Griffin
NOES: Councilman Dunin
ABSENT: None
5. ENCROACHMENT PERMIT (File #532)
Council considered a resolution which would approve an encroachment permit
for Southern California Gas Company and Mid State Bank for a portion of
South Street providing right -of -way between Broad and Emily Streets.
Dave Romero, Public Works Director, reviewed the council agenda report with
the recommendation that Council adopt the resolution which would approve
the encroachment permit.
Jay Whisenant; of MDW and representing the applicant, agreed.with the
changes -as proposed by staff and would urge Council's approval.
Councilwoman Dovey stated that she could only support this if changes could .
be made to the conditions, that if the use was to be parking, that a site
plan be made a part of the permit with the condition that the-parking
spaces not be used as any part of the parking required for either of the
adjacent developments.
Mayor Billig agreed with that change.
Jay Whisenant stated that he would prefer that Council not make a permanent
statement tying both of these properties to this in the event one of these
properties were purchased by another developer:
Mayor Billig stated that was exactly the reason why she supported the
change in the revised conditions, as there did not appear to be a mechanism
to protect this area in the event of another buyer of the property.
Upon question, Roger Picquet stated that without the necessary parking
requirement businesses would not become nonconforming. They would be•out
of business if the use permit was not renewed.
City Council Minutes
Tuesday, April 17, 1984 - 7:00 p.m.
Page 6
Councilwoman Dovey suggested this item be continued with direction to staff
to bring back a revised resolution with the.concerns addressed as had been
discussed this evening.
Councilman Dunin seconded the motion. Motion failed with Councilmembers
Griffin, Settle and Mayor Billig voting no.
On motion of Mayor Billig, seconded by Councilman Settle, to leave the
property as is, denying the request for the.encroachment.permit.
Motion carried on the following roll call vote:
AYES: Mayor Billig, Councilmembers Settle and Dovey
NOES: Councilmembers Dunin and Griffin.
ABSENT: None
Jay Whisenant again briefly reviewed the history of this project for the
last 4 months, stating that the staff had recommended this course of ...
action. It had been reviewed by all but the Planning Commission,. and he'
would prefer that Council take separate actions considering the permits for
Southern California -Gas and Mid State separately.
6. BUILDING SETBACK LINES (File #402)
Wayne Peterson, City Engineer, reviewed the agenda report with the recommenda-
tion that staff be directed to proceed with the program as described in the
report for the evaluation of the proposed program for existing setback
lines and using available city staff and resources.
After brief discussion it was moved by Councilman Griffin, seconded by Council-
man Settle, to approve the staff recommendation as recommended. Motion
carried unanimously.
C O M M U N I C A T I O N S
C -1. Council consensus was reached that no support be given for the
proposed submittal for informal city relations with a Soviet Union City
(5 -0)..
9:20 p.m. City Council adjourned to closed session to discuss personnel -
litigation matters.
10:20 p.m. City Council reconvened, all Councilmembers present.
There being no further business to come before the City Council, Mayor
Billig adjourned the meeting at 10:25 p.m. to onday, April 23, 1984, at
12:10 p.m.
Pa� Voges, C y Clerk
APPROVED BY COUNCIL: 6/5/84
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO .
MONDAY, APRIL 23, 1984 - 12:10 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
STUDY SESSION
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Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K.
Settle and Mayor Melanie C. Billig