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HomeMy WebLinkAbout05/01/1984City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 2 Neuman, Police Chief; Dave Romero,- Public Works Director; Jeff Hook, Associate Planner P R E S E N T A T I O N -- Presentation was made by Jeff Jorgensen, President of the Mozart Festival Board, presenting the City with the 1983 Mozart poster, which was accepted by Vice -Mayor Settle on behalf of the City's support for the festival this. last year. C.0 N -S E N T A G E N D A - On motion of Councilman Griffin,•seconded by Councilwoman Dovey,.the consent agenda unanimously approved as recommended by staff with the exception of C -6.and C -8, Councilman Dunin and Mayo= Billig absent. The following actions taken as indicated: C -1 MINUTES Minutes of Tuesday, March 6, 1984 - 7:00 p.m. approved as amended (3 -0 -2). C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended (3 -0 -2). C -3 REPORT ON BIDS - SEWERLINE IMPROVEMENT PROJECTS (84 -01)' Resolution No. 5343 (1984 Series), a resolution of the Council of the City of San Luis Obispo awarding contract to Walter Bros. Construction.Co. -'in the amount of $75,013.50 for project entitled "Sewerline Improvement Projects in Phillips Lane - Toro to Johnson; Olive Street - U.S. 101 -to. 360' North; Branch Street - Harris to Hutton "; City Plan Nos. H10R, H11R and H52R; bid estimates $29,000, $22,000 and $25,000 respectively with bids opened Thursday, April 19, 1984 was adopted as recommended by staff (3 -0 -2). C -4 VACATION OF EASEMENT (410 -634) Resolution No. 5344 (1984 Series), a resolution of the Council of the City of San Luis Obispo vacating a 20 -foot wide public utility and drainage easement within-Tract 634 located at 265 through 285-South Street; John - Kuden, property owner, adopted as recommended (3 -0 -2). C -5 STREET ABANDONMENT - PORTION OF CHURCH STREET (535) Resolution No. 5345 (1984 Series); a Resolution of Intention to abandon the most easterly portion of Church Street,'east of Osos Street, and adjacent to Southern Pacific Railroad.iight -of -way adopted as recommended with public hearing to be set for May 15, 1984 at 7:00 p.m.; Dave Burke, applicant (3 -0 -2). . . C -6 SIDEWALK SALES (478) Council approved staff recommendation to direct the Community Development - Director to work with the B.I.A. to establish conditions for an annual sidewalk sales permit for B.I.A.- sponsored activities, within the framework of existing regulations, and the Administrative Officer be directed to work with the B.I.A. on insurance. Pursuant to the request by Councilwoman Dovey, staff to report back (informally) on status of negotiations and results (3 -0 -2). C -7 CAL TRANS MAINTENANCE AGREEMENTS (1145) A. Resolution No. -5346 (1984 Series), a resolution of.the Council of the City of San Luis Obispo approving.an agreement with Cal Trans for street maintenance on State highways in the City adopted as recommended and Mayor authorized to sign (3 -0 -2). City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 3 B. Resolution No. 5347 (1984 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with Cal Trans for cost sharing of electrical facilities on State highways in the City adopted as recommended and,Mayor muthor.ized to.'sign (3 -0 -2). C -8 PARKING LOTS RATES (552) This item was continued to May 15, 1984, with direction to staff to amend the report for increasing monthly parking rates in City lots to provide for ' Council approval rather than the recommended action that the Public Works Director be able to set the rates (3 -0 -2). P.0 B L I C H E A R I N G S 1. FINAL PASSAGE OF ORDINANCE NO. 1010 - PROCEDURE FOR REVIEWING CREEK PROJECTS (597) Council held a public hearing to consider final passage of Ordinance No. 1010 (1984 Series), an ordinance amending the Municipal Code regarding the procedure for review of certain projects having major impact on city creeks and waterways (continued from 2/7/84 and 4/17/84). Toby Ross, Community Development Director, reviewed the agenda report with the recommended action to give final passage to the ordinance as introduced to print. Vice -Mayor Settle opened the public hearing. No one spoke for or against--the proposed final passage. Vice -Mayor Settle closed the public hearing. On motion of Councilman Griffin, seconded by Councilwoman Dovey, the following ordinance be given final passage: Ordinance No. 1010 (1984 Series),; an ordinance of the City of San Luis Obispo amending the Municipal Code regarding procedure for reviewing creek projects. Motion carried unanimously, Councilman Dunin and Mayor Billig absent. 2. APPEAL OF PLANNING COMMISSION DECISIONS U1146 AND U0898 (File 41464) Council held public hearings to consider two appeals of Planning Commission decisions by Kal Benuska on-behalf of the Phi Sigma Chapter of Lambda Chi Alpha Fraternity: A. appealing a condition of approved Use Permit (U1146) authorizing uses allowed of a fraternity house at 1 Mustang Drive; and B. appealing revocation of Use Permit (U0898) for a fraternity located at 1617 Santa Rosa Street. Jeff Hook, Associate Planner, reviewed the Council agenda report concerning the first appeal of the Planning Commission action to conditionally approve a use permit for the fraternity within the Mustang Village housing complex off Foothill Blvd., between Casa Street and Foothill Blvd. He stated that the recommended action was to deny the-appeal and approve the use permit subject to the findings and revised conditions as:recommended by staff. Vice -Mayor Settle declared the public hearing open. Pat Gerety, representing the Planning Commission, reviewed the Planning Commission's decision vote of 5 -1 to approve the use permit and stated he was available for any questions. Roger Lyon, attorney representing the applicant Lambda Chi Alpha, spoke in support of his clients' appeal and stated that they were supportive of the staff recommendation having tried very hard to resolve the issues between staff and his clients. City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 4 Jana Sexton stated she was a neighbor of the.fraternity and.expressed concern about the hours that the fraternal:activities could take place, especially if the parties were to get extremely loud. Martha Steward, 1053 Islay Street and a neighbor of the fraternity, felt that the fraternity had been extremely cooperative.of.late but 1t was her hope that the language in the conditions be made even stronger, particularly as this fraternity is aware of the situation and is trying to-behave themselves; new fraternity members coming in; might not.be as cooperative. Jay Whisenant, with MDW and representing the developer /owner of Mustang Village, hoped that the Council would provide the flexibility of allowing either location and not restrict his client to the fraternity of Lambda Chi Alpha. Stephanie Ewan, 1071 Islay Street, stated she was unsupportive of the staff recommendation. She felt that stricter revisions had to be written to protect the neighbors from the activities of the fraternity. Councilwoman Dovey suggested that an additional condition be added to require sufficient toilet facilities at Mustang site to the approval of the Community Development Director. Councilman Griffin stated he was supportive of the staff recommendation including the amendments as proposed for Conditions #2 and 4112. . Councilman Settle stated that -he could also.support it. Councilwoman Dovey stated that she could not support the recommended action at this time. She agreed with the Planning Commission and felt Condition 4112 should be amended to state.that during the'special weeks, the evening activities should be extended only two more hours. After discussion it was moved by Councilman Griffin, seconded by Councilwoman Dovey, to continue this item until-Council Meeting of May 15, 1984, so additional Councilmembers could be present. Motion carried unanimously, Councilman Dunin and Mayor Billig absent. B. Public hearing was held to consider the appeal by Lambda Chi Alpha Fraternity appealing the revocation of Use Permit (U0898) for a fraternity located at 1617 Santa Rosa Street. Jeff Hook, Associate Planner, reviewed the Council agenda report stating that the applicants had appealed a Planning Commission action revoking the use permit for fraternity use at Santa Rosa Street between Islay and Leff Street. It was staff's recommendation that Council uphold the appeal adopting the resolution that would allow the fraternity to continue to operate at 1617 Santa Rosa Street in compliance with previously approved conditions. Vice -Mayor Settle declared the public hearing open. Roger Lyon, attorney representing the fraternity, stated that they.were in support of staff's -recommendation and.would urge Council's approval. Kevin .Huber ,.1617 Santa. Rosa Street and past president of .Lambda Chi Alpha, stated that he had been working to mend relations between the fraternity and the neighbors and he hoped that the difficulties previously experienced were now resolved.. Stephanie Ewan urged the Council to support the revocation,as she felt that this was not a good location for a.fraternity. Dana Johnson, 1100 Leff Street, stated that she had several dealings with the fraternity, but had had no problems. She felt that the fraternity was a benefit to the area, not .a detriment, providing security and help for her as a student and for the elderly citizens. Vice -Mayor Settle declared the public hearing closed. 1 1 City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 5 Councilman Griffin stated that he was pleased.with the fraternity's recent actions and could, therefore, support staff's recommendations. Councilwoman Dovey agreed and felt that this issue did not pertain to the first issue in any way. She felt that the fraternity had proved cooperative, and she would; therefore, support the appeal. Vice -Mayor Settle stated he would support upholding the appeal, however, he was concerned that future fraternities are reminded of the current history, so that their behavior would be acceptable in the future. On motion of Councilman Griffin., seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 5348 (1984 Series), a resolution of the Council of the.City of San Luis Obispo upholding the appeal to allow a fraternity to operate at 1617 Santa Rosa Street as recommended by staff. Motion carried unanimously, Councilman Dunin and Mayor Billig absent. 3. TENTATIVE MAP APPROVAL FOR TRACT 1194 (410 -1194) Council held a.public hearing to consider a Planning Commission recommendation to grant tentative map approval.for Tract 1194 to create a six -unit residential air =space condominium at 579 Highland Drive; Ramesh T. Shah, subdivider. Jeff Hook, Associate Planner, briefly reviewed the Council agenda report stating that the recommended action was to adopt the resolution to approve the tentative map subject to the findings and conditions noted in the resolution. Vice -Mayor Settle declared the public hearing open. Ramesh Shah, applicant, stated'he would be available for any questions by Council. . Vice_ Mayor Settle declared the public hearing,closed. On.motion of Councilwoman Dovey, seconded by Councilman Griffin, Resolution No. 5349 (1984 Series) was adopted approving the tentative map for Tract 1194 as recommended. Motion carried unanimously, Councilman Dunin and Mayor Billig absent. 4. HATHWAY /SLACK STREET TRAFFIC OPERATIONS (777) Council considered traffic operations and alternatives for relieving the traffic flow on Hathway and Slack Street (continued from 4/3/84). Wayne Peterson, City Engineer, reviewed the council agenda report with the following recommendations submitted by staff: "A) by motion, direct staff to implement alternatives 1, calling for centerline delineation, and 2; stop signs to be located at Carpenter and Hathway, Longview and Slack, Longview and Hathway and Grand and Slack. Further, staff to review the situation periodically making adjustments for the goal of lowering the speed on Hathway without diverting traffic to the neighboring streets, and in 12-months to report back to Council with the results.- B) Pass to print an ordinance which would revise the speed limit on ' Hathway from Carpenter to Longview Lane to 25 mph and Kentucky Street from Taft to Hathway to-25 mph. -: C) Direct staff to begin the process to have property owners install curb, gutter, and sidewalk where missing along Longview, between Slack and Hathway, recommending additional projects within the.neighborhood as needed. Councilman Dunin arrived at the meeting-at 8:40 p.m. City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 6 Doug Gerard, representing Cal Poly, reviewed the proposed Circulation Element for Cal Poly stating that California Blvd. was proposed to be extended. The primary problem for the school was lack of funding necessary to resolve the- current traffic situation: Upon question by Councilman- Griffin, Dr. Gerard - stated that he.felt Hathway Street should be serving as a collector street even if the Circulation Element shows it as residential.- He also stated that with regard to the new sports facility being proposed at Cal Poly, it would not have an adverse impact on the parking, as a parking component was being made a part of the facility and this would not create any large impact on Hathway. Marlin Vix, 16 Hathway Street,.spoke in support of a stop sign being placed at Hathway and Kentucky. Sherry Lewis, 209 Longview Lane, stated -her support for staff's recommendation. Further, she would like to see crosswalks put in at the.various stop sign locations. She would be opposed either to making Hathway a one -way street or its closure. She would urge better.conmunications between Cal Poly.and City officials. Cindy Vix, resident on Hathway Street, urged that speed bumps be placed, rieai the stop signs, as people have a tendency to gun their cars upon startup. Claire• Gates; resident'on Hathway Street, stated she would support a stop sign at Orange or Kentucky and include with that a crosswalk for safety purposes. Joanne Ruggles, 151 Hathway, felt that-staff was only looking at. reducing the speed when in fact it was her understanding that they would also be looking at'redirecting traffic to lower the traffic flow on Hathway. in response, Wayne Peterson, City Engineer, stated that staff was not , trying to lower the traffic flow, as it was staff's opinion that the street was not designated properly, that this was in fact a collector street, not a residential street and as such the traffic flow was proper for this area. He did feel however that a portion of the traffic flow would be diverted with the extension of California Blvd. through Cal Poly. Melanie Simmons, resident on Hathway Street, felt that stricter controls needed to be instituted for the protection of the residents. She would support a stop sign at Kentucky and Hathway including speed bumps. Al Tilton, 1505 Toro Street, also felt that Hathway was not designated properly, it was in fact a collector street and he felt the City should be looking to change its designation to a more accurate definition rather than trying to provide relief for the residents in this area. Alice Jenkins also felt that this is a collector street, not a local street and individuals moving into this area knew that at the time of their move. She would continue to urge Council's support of the street as a collector street: Ann'McCracken, resident living on Longview Lane, did not feel that it was fair to push the burden onto the other streets in order to alleviate the traffic flow on Hathway. The problem would only be compounded. John Evans, resident on Longview Lane, spoke in support of staff recommendation 1 and would urge Council not to do anything drastic until additional review and analysis could be made of what is being recommended at this time. Mrs. Rabat, 285 Chaplin Lane, felt that part of the problem was the:width of the street and suggested that Council authorize narrowing it and taking some of the parking off near the corners. After brief discussion it was moved by Councilwoman Dovey, seconded by. Councilman Griffin, that staff be directed to install centerline delineations as recommended with stop signs to be installed at 1) Carpenter and Hathway, City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 7 2)'Longview and Slack, 3) Longview and Hathway and 4) Kentucky and Hathway. Stop sign at Grand and Slack deferred for further evaluation and analysis by staff. Consideration of staff recommendation for installtion of curb, gutter. and sidewalks deferred to May 15 meeting including staff report.on the feasibility and costs related to narrowing of key intersections. Ordinance No. 1010 (1984 Series), introduced to print to reduce the speed on Hathway and Kentucky from 30 to 25 mph as amended with staff to monitor the entire neighborhood areas of Hathway with report back to Council by January 1985. Motion:_carried.unanimously, Mayor Billig absent. ' On motion of Councilman Dunin, seconded by Councilman Griffin, staff be directed to work with Cal Poly and State representatives to bring back to Council options for reducing traffic levels between Grand and California which might include a bypass on University property or other alternatives for accommodating traffic demands in this area. Motion carried unanimously, Mayor Billig absent. 10:05 p.m. Vice -Mayor Settle declared a recess. 10:20 p.m. City Council reconvened, Mayor Billig absent. Vice -Mayor Settle presented a plaque of appreciation to former Vice -Mayor Ron Dunin, thanking him for his time and services when serving as the City's Vice -Mayor from April, 1979 to December, 1983. 5. MISSION STYLE SIDEWALKS (998 MONTEREY STREET) (File #533) City participation in Mission Style sidewalk construction. Dave Romero, Public Works Director, reviewed the council agenda report with the recommendation that Council continue the:current policy regarding construction of Mission Style sidewalks downtown. Vincent Fonte, applicant requesting city participation on a portion of sidewalk at Monterey and Osos Street, urged Council's support to share in those costs so that there would be a more consistent look to these downtown streets rather than the various patchwork areas now existing. After brief discussion it was moved by Councilwoman Dovey, seconded by Councilman Settle, to support the existing policy regarding construction of mission style sidewalks downtown. They would support normal participation to the extent of replacing the gray concrete portion in the 12- foot.area damaged by a city tree. Motion carried unanimously, Mayor Billig absent. Mr._Fonte then indicated-that the replacement would be made of gray concrete. 6. GROWTH MANAGEMENT UPDATE (466) Toby Ross, Community Development Director, reviewed a status report on the Growth Management Regulations, including an ordinance which would revise the evaluation interval in the Residential'Growth Management Regulations from 18 to 24 months. Charles French, representing Santa Lucia Hills,.felt - that this was a very unfair ordinance, full of inequities, but if the ordinance had to exist, he would ask the Council to relax the evaluation interval as much as possible. Rob Strong, representing Beatrice Jong's application for additional units on Casa Street, also spoke to the inequities of the ordinance and how this particular piece of property was in a "catch 22" position as the previous building was being demolished and yet no credits were being given towards that 'and still the applicant was being denied additional permits. Upon question, Toby Ross stated that a 36 -month build out phase was not typical of the building occuring during the last two years of housing, however, 30 months would be fairly close. Councilwoman Dovey suggested staff prepare an ordinance to defer the enacting legislation.' City Council Minutes Tuesday, May 1, 1984 - 7:00 p.m. Page 8 After considerable discussion it was moved by Councilman Griffin, seconded by Councilman Dunin, to adopt urgency Ordinance No..1012 (1984 Series), an ordinance of the City of San Luis Obispo deferring the triggering of.the current Growth Regulations Ordinance until•October.31, 1984. Ordinance. introduced and given final passage by a unanimous vote, Mayor Billig absent. On motion of Councilman Griffin, seconded by Councilman Dunin, the following ordinance was introduced to print:. Ordinance No. 1013 (1984 Series), an ordinance of the City of San Luis Obispo amending the evaluation interval of the Growth Management Regulations.from 18 to.24 months. Introduced and passed to print unanimously, Mayor Billig absent. 7. MAYOR' WORK PROGRAM (112) On motion of.Councilman Dunin, seconded by Councilman Griffin, to.defer the Mayor's Work Program until the next available Study Session in order that she might be present. Motion carried unanimously, Mayor Billig absent. 8. MAINTENANCE CIP (242) Geoff Grote, Assistant Administrative,Officer, presented the Capital Reinvestment Program for fiscal year.1984 -1985 to the City Council-asking them to receive and review it, with discussion continued to on May 22, 1984. Council concurred (4 -0 -1). C O M M U N I C A T I O N S Councilwoman Dovey reviewed that COG was looking at a possible name change and asked if the Council would be interested in changing.it to San Luis Obispo Area Coordinating Council. After brief discussion Council supported the proposed name change with the annual JPA agreement to be scheduled for the May 15 agenda. There being no further business to come before the City Council, Vice -Mayor Settle adjourned the meeting at .11:16 p.m.. .to Tuesday., May .15, 1984. P mela Voges, Ty perk APPROVED BY COUNCIL: 6/19/84 MINUT.E_S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY .15, 1984 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA . CALL TO ORDER: Vice -Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Vice -Mayor Allen K. Settle Absent: Mayor Melanie C. Billig City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, 1