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HomeMy WebLinkAbout05/07/19851 City Council Minutes - Tuesday, May 7, 1985 - 7:00 p.m. Page 2 C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended. C -3 CLAIMS AGAINST THE CITY - D. & K. SLADE /N. CURTIS (File #189) Applications for leave to present late claims in unknown amounts filed on behalf of David & Kayce Slade was denied and claim for Norman Curtis accepted for damages resulting from an automobile accident allegedly caused by the city allowing a hazardous condition on Meadow Street. C -4 PLANS AND SPECIFICATIONS - KOZAK BUILDING Plans and specifications were approved as recommended for "Convert Kozak Building Property to Parking," City Plan No. J -30D; bid estimate (Alternate A) $7,000; staff authorized to advertise for bids and CAD authorized to award contract. C -5 REPORT ON BIDS - ANDREWS STREET FOOTBRIDGE MODIFICATIONS (File #85 -06) Resolution No. 5665 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended awarding contract to R. J. Berry Jr., Inc., in the amount of $22,411 for "Andrews Street Footbridge Modifications," City Plan No. JSOY; bid estimate $21,500, without contingencies. C -6 PUBLIC IMPROVEMENTS FOR TRACT 858 (File #410 -858) Resolution No. 5666 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving modification to subdivision improvements for Tract 858 ( Prefumo Canyon Estates), a 48 -lot residential subdivision located at 1800 Prefumo Canyon Road, Bernard and Elizabeth Duveneck, subdividers. C -7 P.G.& E. PROPOSED RATE INCREASE (File #752) Resolution No: 5667 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended opposing proposed rate increase by Pacific Gas and Electric Company to recover costs related to Diablo Canyon Nuclear Power Plant. C -8 CITY /COUNTY LIBRARY AGREEMENT (File #572) Resolution No. 5668 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended approving an agreement between the City, County and Architects West for the design of the proposed City /County Library /Community Center. C -9 DOWNTOWN DEVELOPMENT WORK PROGRAM (File #418) Resolution No. 5669 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted.as recommended approving an agreement between the City and Hamilton, Rabinovitz, Szanton, and Alschuler for economic consultant services in recruiting developers, evaluating qualifications, and negotiating to develop downtown city -owned property bounded by Osos, Monterey, Court and Higuera Streets (continued from 4- 2 -85). B U S I N E-S S I T E M 1. REVENUE PROJECTIONS (File #233) Roberta Goddard, Finance Director, presented the revenue projections for fiscal years 1985 -86 and 1986 -87. She also presented slides giving graphic pictures of those projections. The analysis indicated that the city was in stable and sound financial condition and would be able to plan for the next two years at present levels of service. City Council Minutes - Tuesday, May 7, 1985 - 7:00 p.m. Page,3. After brief discussion and upon general consensus to receive and file the revenue report. P U B L I C H E A R I N G S 2. SIDEWALK REPAIRS (File #533) Council continued its public hearing to consider a resolution confirming cost to property owner of sidewalk repairs constructed at 1275 Murray Street (continued from 4- 16 -85). Dave Romero, Public Works Director, reviewed the agenda report stating the recommendation was that Council adopt the resolution to confirm those costs as originally recommended. Mayor Billie declared the public hearing open. No one spoke for or against. Mayor Billie declared the public hearing closed. On motion of Councilman Settle, seconded by Mayor Billie, Resolution No. 5670 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted as recommended confirming cost in the amount of $1,154 to property owner of sidewalk repairs constructed at 1275 Murray Street (5 -0). 3. APPEAL OF PLANNING COMMISSION DECISION - FIRST PRESBYTERIAN CHURCH (File #407) Council held a public hearing to consider an appeal by Leo Pinard of a Planning Commission decision granting a 0 -foot setback on street frontage at 1216 Morro Street; C -C zone; First Presbyterian Church, applicant. Toby Ross, Community Development Director, reviewed the agenda report stating the applicant, First Presbyterian Church, had requested approval of a variance to allow reduced street yard setback along Morro Street from 15 feet to 0 feet. The Hearing Officer approved a 10 -foot street yard setback. The applicant appealed that decision of the Planning Commission and the Planning Commission upheld the appeal to allow a 0 -foot setback. Mr. Leo Pinard, a private citizen, was now appealing the Planning Commission's decision. It was the recommendation of staff that Council uphold the appeal and deny action taken by the Planning Commission to approve a 0 -foot street yard setback (Resolution B). Mayor Billig declared the public hearing open. Leo Pinard, 714 Buchon Street and appellant, stated that although he was supportive of the church and its expansion, he felt that the expansion size was too obtrusive, and it should be reduced. Curt Illingworth, architect for the church, spoke to the need for the additional space and the design criteria. He felt the two issues were 1) the definition of the zero setback - -which was actually only five feet from the property line, and 2) the design had been improved considerably since the ARC, Cultural Heritage Committee and Planning Commission had reviewed it. Andrew Merriam, spoke on behalf of the Cultural Heritage Committee's, decision to support the 0 -foot setback as the Committee did feel it was appropriate and would be an asset to the community. Charles Maule, 3219 Flora, a member of the Church and Building Committee, read a letter into the record dated April 30, 1985, by L.L. Huston, the Building Committee Chairman of the First Presbyterian Church. He also submitted a petition signed by over 240 citizens of the Church, in support of the Planning Commission's decision to grant the 0 -foot setback. Rose Mckeen, member of the Church, also spoke in support of the request stating that the design was excellent. She then read a letter into the record from her daughter Rosemarie Green dated May 7, 1985, also urging support. Pat Gerety, 793 Buchon Street, suggested various revisions to the plan that might better allow the Planning Commission's decision to be upheld. 1 City Council Minutes - Tuesday, May 7, 1985 _ 7:00 p.m. Page 4 This would include revising the pitch of the roof, changing the skylight, redesigning the window, shaving off the corners of the building, adding aggregate as appropriate for the sides of the building, etc. George Max, 1684 Alrita, spoke in favor of the Church's proposal. He then requested the members of the congregation who were in support of the Planning Commission's decision to stand up. (They were approximately 20 people.) ' Curt Illingworth again spoke stating his concerns should the Council only be able to uphold the Planning Commission's decision upon finding it necessary to make major changes to the current plans. He felt that it would be very difficult to have to go back through some of the advisory bodies and his church to have those amendments approved. Henrietta Perry, 1037 Stephanie Street, also spoke in support of the Church proposal. Mayor Billig declared the public hearing closed. Councilman Settle stated he could support the Planning Commission, ARC and Cultural Heritage Committee's decisions to allow the 0 -foot setback. He stated he could make the findings necessary to support the variance and felt that it would be an asset to the community. On motion of Councilman Settle, seconded by Councilman Dunin, to deny the appeal and uphold the Planning Commission's decision to approve a 0 -foot street yard setback at 1216 Morro Street. Councilwoman Dovey stated she could not support the motion as stated unless areas of the design were amended to make it more appropriate. A 0 -foot setback would be precedent setting. She would like to see the arcade tied in better with the buildings and felt that a partial setback ' should be possible. Councilman Griffin felt that the comments on the design should be sent back to the Architectural Review Commission for final approval. He could, however, support the recommended action to uphold the Planning Commission's decision. Councilman Dunin also supported the Planning Commission recommendation. Mayor Billig felt that although this is a worthy project, she could not support a 0 -foot setback. She felt the architectural design needed some minor modifications which she outlined. With those amendments she might be able to support the project. The motion carried on a 3 -2 vote, Councilwoman Dovey and Mayor Billig voting no. 8:55 p.m. Mayor Billie declared a recess. 9:05 p.m. City Council reconvened, all Councilmembers present. 4. BICYCLE FACILITIES PLAN (File 5462) Council continued its public hearing to consider adoption of a plan to implement bicycle planning provisions of the adopted General Plan Circulation Element (continued from 1 -8 -85 and 3- 5 -85). Terry:Sanville, Principal Planner, reviewed the agenda report stating that the recommended action was to give final approval of the plan with amendments previously identified by Council and included in the report. He then reviewed individual changes that were made. Mayor Billig declared the public hearing open. Joyce McKee n, Orcutt Lane, stated she was concerned about the elimination of parking spaces in their. neighborhood. She felt there should be some provision to allow parking in the evening, and there should be a cost analysis which justifies the removal of parking. Safety aspects were also a problem since bicycle lanes give a false sense of security to the rider. City Council Minutes - Tuesday, May 7, 1985 - 7:00 p.m. Page 5 Terry Frederick, 3185 Johnson Avenue, felt the proposal would be detrimental to the parking needs of the homeowners. Andrea Ramone, 206 Margarita and a Cal Poly student, stated he was doing a bicycle path study for the city of San Luis Obispo as his class project. He would ask that the Council consider slope and scope of the paths, noise, and smog. He did not feel the city should be encouraging bike paths on streets heavily traveled by automobiles. He would rather see them use other less -used streets. He felt that at this time the city had , not actively encouraged bikes or pedestrians and one means of doing this would be to build bridges and tunnels in various areas of the city which would encourage the bicyclists to use those routes. George Crane, 546 Higuera and Director of ECOSLO, felt that the plan had been well thought out. He too would agree with the previous speaker with regard to bridging of Highway 101 and other areas. He felt the cost factors were very vague and would like to see a percentage of the capital budget set aside for implementation of the bike plan. He also made minor suggestions to other parts of the plan. Rose McKeen stated she would be opposed to any removal of parking on Johnson Avenue. Judy Neuhowser, 314 Higuera Street, was interested in bridging for bicylists. She felt that the recommendation to wait until the traffic had doubled on Foothill prior to putting in bike lanes was a poor one. She felt this should be done immediately. Bonnie Walter, 392 Christina Way and a bicylist, spoke in support of the bike plan, also thought the idea of bridges and tunnels was a good one. Eileen Rigerous, 747 Woodbridge, spoke in support of bike lanes. Paul Longitis, 2565 Johnson Avenue stated he would be opposed to losing I any more parking along Johnson Avenue and felt this could also be detrimental to the property values there. Ray Huston, 1444 Laurel Lane, stated this was the third time he had been before the Council. He only had a one -car garage and there wasn't sufficient parking available now. He read a letter into the record by a neighbor John Dunn, also opposed to the removal of curb -side parking. A citizen and his wife spoke in support of bike lanes. Jack McKeen spoke against the removal of parking, felt that the bike lanes were only a bandaid approach, and felt that the overpass at Orcutt and something at Bishop needed to be taken care of as soon as possible. Mayor Billig declared the public hearing closed. Terry Sanville responded to various concerns identified by the public speakers. Councilman Dunin questioned the liability issue with regard to putting in additional bike lanes. Roger Picquet, City Attorney, felt there would not be a significant increase in liability if they are put in properly and pursuant to city and state codes. Councilman Griffin felt that it was the intent of the policy statement when the circulation element was adopted that biking and pedestrian use should be encouraged. He, therefore, could support the plan with some amendments with reevaluation later. He then submitted minor amendments on pages 4 and 15 of the plan (see file copy in the Clerk's Office for specific changes). Councilman Settle was also supportive of the bike plan and although he was not supportive of parking removal until it had been explored more thoroughly. He would suggest staff continue to look at other alternatives. Councilman Dunin felt that the bike lanes were dangerous and would create City Council Minutes - Tuesday, May 7, 1985 - 7:00 p.m. Page 6 greater problems in the future. He felt there was a far greater percentage of car owners were paying the taxes with bicyclists contributing very little. He also felt there needed to be additional educational programs for the car users regarding bicyclists. Councilwoman Dove y stated she could support the plan with some minor amendments (these are outlined in the Clerk's file copy). Mayor Billie felt that there were some hazardous spots that still needed to be looked at. She was not supportive of removing additional parking. She would prefer to see this plan reviewed in the near future to see how it was working. She could support the plan as a whole. Councilman Griffin agreed that monitoring was important. On motion of Councilwoman Dove v, seconded by Councilman Griffin, Resolution No. 5672 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving the Bicycle Facilities Plan as amended with review or status report in two years. Motion carried on a 4 -1 vote, Councilman Dunin voting no. 10:35 p.m. Mayor Billie declared a recess. 10:50 p.m. City Council reconvened, all Councilmembers present. B U S I N E S S I T E M 5. MAYOR'S WORK PROGRAM (File *112) Council considered the Mayor's Work Program for 1985 -86. Mayor Billie gave some brief remarks with regard to the program urging and welcoming any input from Councilmembers for more specificity. Councilman Settle spoke in support of the program particularly supportive of the cultural facilities section and felt that this needed to be acted on now, not studied to death. He would like to see the consultant look at scale and other lots as well as that suggested and also look at the private sector for contributions. He felt the more specific guidance the Council could give to the consultant, the better the city would be as far as getting their money's worth. He would also like to include in addition to lot 1, look at lot 4 as a possibility. Councilwoman Dovey made some suggested amendments to the work program and with those felt she could support the program. Councilman Dunin did not wish to approve the document this evening if in fact that was the recommended action. He would prefer to set a study session. He then outlined various areas that he would like to see reviewed in greater detail and identified other areas not mentioned in the program. Councilman Griffin submitted a two -page document outlining various areas of concern or suggestions for revised language. Mayor Billie asked for public comment. Cliff Swanson stated he was very supportive of the proposed cultural facility, was pleased to see how this had evolved. A committee was already working on this, and he wanted the city to be aware that he was willing to do anything he could. Tom Erno, President of the BIA, spoke in support of the work program. Dennis Kish, with the Arts Council, also spoke in support of the program and his willingness to work with the city. Debbie Snatafore, President of the Arts Council, agreed that the scope should not be too general but rather limit the number of options to the consultant. After brief discussion and upon general consensus, the Council agreed to continue the Mayor's work program to a future study session (5 -0). City Council Minutes - Tuesday, May 7, 1985 - 7:00 p.m. Page 7 C O M M U N I C A T I O N S C -1 PARK YOUR CAR DAY Council supported program and asked that the BIA, County Ridesharing Coordinator and city staff follow through. C -2 THURSDAY NIGHT ACTIVITIES Regarding letter from Edward Tuleja on BIA Thursday night activities, staff to report back on current guidelines including other alternatives or options available. C -3 APPEAL FEES Appeal fees referred to staff for analysis, options available and future consideration by Council. C -4 SMOKING IN PUBLIC PLACES Staff directed to prepare draft ordinance regarding smoking in the workplace. X&7INWOIik"N Staff directed to draft letter for Mayor's signature concerning continued support for remuneration regarding Amtrak. C -6 JUDSON TERRACE Staff directed to prepare letter for Mayor's signature to American Baptist Homes supporting an elderly housing application for the expansion of Judson Terrace without referencing support for any specific proposal as any project would be required to go through all standard permit process. C -7 FOOTHILL /TASSAJARA PARKING Staff to report back on parking /traffic related problems in this area. C -8 SHUTTLE LAUNCH Councilman Settle reported that the Space Shuttle Launch at Vandenberg is scheduled for March 20, 1986. An extremely large crowd impact is expected in the community. C -9 AIRPORT DEVELOPMENT Draft letter by Councilman Griffin for Mayor's signature to Board of Supervisors approved with amendments to be made by Community Development Director. 12:10 a.m. Mayor Billig stated that the Council would hold a closed session for the purpose of conferring with and or receiving advice from its legal counsel regarding litigation which had been initiated formally to which the city was a party. That litigation was the City of San Luis Obispo vs. Sonic Cable T.V. The purpose of the meeting was to discuss recent settlement possibilities. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 1:20 a.m. to Monday, May 13, 1985, at 12:10 p.m. i�, Pa ela Voges, tit Clerk APPROVED BY COUNCIL: 6 -4 -85