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HomeMy WebLinkAbout10/02/1984City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 2 tree on the east side of Santa Rosa Street at the Meinecke Avenue intersection denied (5 -0). C -4 PATRICIA DRIVE AND CRAIG WAY TRAFFIC REPORT (File 41552) Staff authorized to increase parking prohibition by an additional 55 feet on the west side of Patricia north of Craig way (5 -0). C -5 JOHNSON AVENUE /BUCHON STREET TRAFFIC CONCERNS (File 41462) Staff directed to restripe Johnson Avenue when the traffic signal is installed for San Luis Drive to provide for a protected left turn lane and remove two parking spaces from Johnson Avenue at Buchbn Street (5 -0). C -6 STREET ABANDONMENTS (File 41535) Resolution No. 5478 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted establishing a six -month sunset clause (5 -0). C -7 RECREATION CENTER REHABILITATION (File 41823) Resolution No. 5479 (1984 Series), a 'resolution of the Council of the City of San Luis Obispo was adopted authorizing application for grant funding from the California Park and Recreation Facilities Act of 1984 for rehabili- tation of City Recreation Center at 864 Santa Rosa Street (5 -0). C -8 MANAGEMENT TEAM COMPENSATION (File 41622) Resolution No. 5480 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted establishing a two -year managerial compensa- tion plan for certain management personnel for fiscal years 1984 -85 and 1985 -86 and superceding previous resolutions in conflict (5 -0). ' C -9 UNION OIL FRANCHISE (File 41145) Ordinance No. 1024 (1984 Series), an ordinance of the Council of the City of San Luis Obispo was introduced to print extending the current 25 -year franchise with Union Oil Company by six months to allow for the completion of the new franchise documents (5 -0). C -10 ADVISORY BODY MEMBERSHIP ORDINANCE REVISION (File 41428) Ordinance No. 1025 (1984 Series), an ordinance of the Council of the City of San Luis Obispo was introduced to print increasing the Mobilehome Rent Review Board to five members (5 -0). C -11 PUBLIC IMPROVEMENTS FOR TRACT 822 (File 41410 -822) Resolution No. 5481 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted accepting public improvements for Tract 822, creating a 44 -unit residential condominium complex at 3301 Broad Street (5 -0). C -12 PUBLIC SAFETY HEALTH AND FITNESS PROGRAM (File 41701) Resolution No. 5482 (1984 Series), a resolution of the Council of the City of San Luis Obispo was adopted authorizing the Administrative Officer to execute Public Safety Health Fitness agreements as previously budgeted B U S I N E S S I T E M 1. CREEK OVERFLOW CHANNEL (File 41597) Council reviewed and considered a recommendation to conceptually approve a proposed grading ;project.to provide an overflow channel in San Luis Creek near South Street. City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 3 Toby Ross, Community Development Director, briefly reviewed the Council agenda report stating that the recommended Council action was for conceptual approval of the grading project subject to 17 conditions as recommended by staff. Dave Romero, Public Works Director, briefly reviewed the flood advantages by having this work conducted. Mayor Billig requested of this work and would possible. On motion of Councilma the recommended action recommended by staff. that neighbors be well noticed prior to commencement appreciate noise mitigation measures be used whenever , a Settle, seconded by Councilwoman Dovey, to approve to conceptually approve the creek grading project as Motion passed unanimously (5 -0). P U B L I C H E A R I N G S 2. ZONING REGULATIONS AMENDMENT (C -C) ZONE (File X6463) Council held a public hearing to consider final passage of Ordinance No. 1023, an ordinance revising the Zoning Regulations regarding parking requirements in the Central - Commercial (C -C) zone; City of San Luis.Obispo, applicant (continued from 9/18/84). Toby Ross, Community.Development Director, briefly reviewed the Council agenda report stating that the recommended action was for Council approval to give final passage to the ordinance which was introduced on 9 -18. Mayor Billig declared the public hearing open. No one spoke for or against the final passage of the ordinance. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Griffin, to give final passage to Ordinance No. 1023 as recommended. Motion carried unani- mously (5 -0). 3. TIME EXTENSION FOR TRACT 998 (SIERRA ALTA VILLAGE) (File #410 -998) Council held a public hearing to consider a Planning Commission recommenda- tion to adopt a resolution granting a 12 -month time extension to file the final map for Tract 998, creating a 76 -unit residential air -space condominium complex at 95 Stenner Street; R -4 zone; Smith, Andrews and Piperato, subdividers. Toby Ross, Community Development Director, briefly reviewed the Council agenda report stating the recommended action was to adopt the resolution granting the time extension subject to the findings, variances and condi- tions of the previous tentative map approval. Mayor Billig declared the public hearing open. No one spoke for or against the proposed time extension. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, Resolution No. 5483 (1984 Series), a resolution of the Council of the City of San Luis Obispo be adopted granting a 12 -month final time extension for Tract 998 as recommended by staff. Resolution adopted unanimously (5 -0). 4. NOISE REGULATIONS (File #738) Council held a public hearing to consider an ordinance which was to develope new alternatives to control unnecessary noise in the city (continued from 9/18/84). Gary Grant, Police Lieutenant, briefly reviewed the Council agenda report stating that the recommendation was that Council introduce the ordinance to print in synopsis form establishing the noise regulations. 1 1 1 City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 4 Steve Seybold, Crime Prevention Officer, gave additional information concerning the noise regulations and why they were being brought to the Council. Mayor Billig declared the public hearing open. Linda Eberle, Community Affairs Representative at Cal Poly and residing at 2303 South Broad Street, felt that the ordinance was discriminatory against students. She cited statistics showing that only 30 of the 900 calls made last year were of disturbances of loud parties by students. She stated that many of the party - related problems are other than noise disturbances and should not be considered a part of the ordinance. She felt that the testing of the noise decimeters was made at an inappropriate time of the year. She felt this ordinance represented legal violation of student's rights and would urge the Council's denial as such. Upon question, Roger Picquet, City Attorney, stated that the ordinance was legal and briefly reviewed its implications. Walt Lambert stated that on behalf of postponement in order that additional prior to Council taking action. the University he would request a comments and review could be made Martha Steward, 1053 Islay Street, stated that she had been in continuous contact with staff since January in the review of this ordinance. It was her understanding that the students had also been noticed and that sufficient time had elapsed. She did not feel the ordinance had a strong enforcement and would urge Council's support of the proposed ordinance. She felt that the decibel reading would give objectivity to an otherwise subjective reporting process. Mike Maino, 1424 Mill Street, felt the current enforcement regulations were adequate and he would hope that the Council would not become over - regulatory by the adoption of this ordinance. Dan Robinson, 71 Palomar Drive and previous president of the Interfraternity Counsel, stated that he had been contacted initially when the ordinance was discussed but had never received another call. He questioned if the noise survey was handled properly and he too would request a postponement until all affected individuals could have input. Alan Bond urged the Council to work with the individuals and Cal Poly students utilizing sufficient public relations prior to enforcement of these regulations. He would also urge that they review the-Berkeley ordinance prior to adoption of these regulations. Terry Simons, ARC Commissioner, stated that'he was supportive of the ordinance and felt that the students were not being singled out. He himself had had a great deal of problems with businesses operating very early in the morning, and they were certainly not student - oriented. Richard Schmidt, living at Broad and Murray Streets, spoke in support of the ordinance. He felt this was not a•city- student problem but rather a city -wide problem; his primary concerns being with the mechanical and equipment noises. He would suggest amendment to the compliance features of the ordinance that would require changes to excessive noise equipment pieces being made within a year, rather than the two years currently proposed. Glen Pretty, 960 Montalban, spoke in support of the ordinance. Mayor Billig declared the public hearing closed. Staff responded to several issues that had been raised stating that they had tried to work with the student body population. Students had not been singled-out, and staff hoped this would give the Police Department a more objective way of enforcing noise problems. After brief discussion and on motion of Councilwoman Dovey, seconded by Councilman Griffin, Ordinance No. 1026 (1984 Series), an ordinance of the City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 5 Council of the City of San Luis Obispo was introduced to print in synopsis form establishing noise control regulations with final reading to be set for early- to mid - November. Ordinance introduced to print in synopsis form unanimously (5 -0). Staff directed to meet with campus representatives to go over ordinance prior to next meeting. 8:35 p.m. Mayor Billig declared a recess. 9:05 p.m. City Council reconvened, all Councilmembers present. 5. HILLSIDE PLANNING PROGRAM, PHASE II (File X1467) Council continued public hearings to complete review of hillside proposals for areas 4, 5 and 6 and considered zoning and general plan amendments for areas 7, 8 and 9 (continued from 8/14/84, 8/22/84, 9/4/84, 9/13/84 and 9/18/84). Complete tapes of the following testimony is available in tape form and is included as part of the approved record: A. Area #4 - GP /R 1156 (CR 1157) - STONERIDGE Toby Ross, Community Development Director, stated that he would step down for Item X14 due to a possible conflict of interest. Terry Sanville, Principal Planner, reviewed the recommended action of the Planning Commission and staff concerning Area (4) known as Stoneridge. Mayor Billig declared the public hearing open. Jay Kona, 214 LomaBonita, asked that Council not include the triangular piece on the Stoneslope area as part of being developable land. He felt any development would present an invasion of privacy. Richard Alshare, 2250 King Street, agreed with Mr. Kona to urge the Council not to include any of that portion in the Stoneslope area, but rather leave that as open.space. George Rosenburger stated that he was supportive of developable area on that property known as the Gann Development, however, he also would not want the Stoneslope area to be developed. T. Keith Gurnee, representing himself and John King, took exception with the recommendation by staff. He felt the Planning Commission recommen- dation had not been clearly stated in that they had been supportive of a density transfer to the South Hill Saddle area. Considerable discussion ensued with regard to the density transfer issue of the Stoneslope vs. the Saddle areas (tapes are available for this section and made a part of these minutes). Mayor Billig declared the public hearing closed. Councilwoman Dovey stated that she could not support development in the Stoneslope area. Councilman Griffin stated he could include a portion of it, that part being the 16 -20% level. Councilman Dunin stated that he would rather see that property be under City control and would, therefore, be supportive of its inclusion. Councilman Settle stated that although he had not been present for the September 18 meeting when this was last discussed, he had listened to the tapes. He did feel that the 16 -20% slope was appropriate for development and would be supportive of going along with the line to follow that excluding that portion in the 21 -30 %. He would, therefore, support Planning Commission and staff recommendation and would be receptive to some type of density transfer for the remaining portion at a later date. Mayor Billig supported Councilmembers Dovey and Settle. U 1 �J City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 6 Upon general consensus, Council agreed to exclude the Stoneslope area (3 -2). Toby Ross returned to the meeting. Terry Sanville then reviewed Exhibit "C ", which included the expansion area policy options. Mayor Billig declared the public hearing open. 1 Terry Simons,-representing the Damon Garcia family, requested that Council make a clear distinction between what a development limit line and the urban reserve should be. If it was to be used to preclude development and city services, that should be stated. He would urge Council's support of policy option 113. Rob Strong, - representing Irish Hills Area, took exception to the statement that if you include land in the urban reserve line then you are implying that it would urbanized. He stated that LAFCo's definition simply means the ultimate boundary but not necessarily the service line. John Gagliardini, Adobe Realty at 964 Chorro Street, stated that he would urge Council's support of the recommended policy Option "D ". Roy Garcia stated he was supportive of the comments made for the property on the Stoneslope area. He felt it was developable and should be included. Mayor Billig declared the public hearing closed. After brief discussion and upon general Consensus, Council agreed to support policy Option "B" (5 -0). B. Area 115 - GP /R 1158 (CR 1159) - MARGARITA AREA 1 Terry Sanville briefly reviewed the Planning Commission and staff recommendations. After brief discussion Council reached consensus as follows: 1) -Under the proposed General Plan map changes, Council agreed with Planning Commission and staff recommendation (5 -0). 2) With regard to the separated housing area known as the South Hill Saddle, Council did not support the inclusion of the South Hill Saddle (5 -0). 3) With regard to proposed additions to the General Plan text, Council agreed with Planning Commission and staff recommendations (5 -0). 4) With regard to the proposed rezoning, Council supported Planning Commission and staff recommendation (5 -0). C. Area 116 - GP 1160 - IRISH HILLS Terry Sanville reviewed the Planning Commission and staff recommendations. Mayor Billig declared the public hearing open. No one spoke for or against the Area. After brief discussion and upon general consensus, Council agreed that the 1 urban reserve line be located at the Farm Road (3 -2). 10:40 p.m. Mayor Billig declared a recess. 10:50 p.m. City Council reconvened, all Councilmembers present. D. Area 117 - GP 1161 - BILLY GOAT ACRES Terry Sanville reviewed the Planning Commission and staff recommendations. Mayor Billig declared the public hearing open. City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 7 Jack Foster, 2100 North Folk Place, Heritage lake, was opposed to staff's recommendation and urged support of the Planning Commission recommendation. He cited several areas where he felt the staff had erred. He felt that the fire hazard was non - existent as there had not been a fire in this area in over 70 years. He felt the drainage issue could be mitigated as there was a natural drainage that went along the creek. If the Council accepted staff recommendation, this represented to him a complete confiscation of land and felt there should be some equity. He had over 220 acres of land and the proposal as it stands now would not allow him to build out more than 5 to 10 homes, putting the rest of it in open space. He felt the low- density level should not be justified just because of visual impact. None of these homes, with the exception of one, would even be noticeable from any angle. He would also urge that Council reconsider the portion of his property he had originally proposed to build his family home. He did not feel the recommended quarry site was an accurate description and would ask that the envelope be enlarged to include all of the quarry site. Traffic impact would be minimal. Slope stability cited in the report was also in error in some areas. For instance, in some areas 10% would not be suitable for building, however, other areas of up to 60% could be very suitable. He did not feel that the few property owners in the hillside areas should be paying the price for the rest of the community and urgently requested Council consideration for better equity. Mayor Billig declared the public hearing closed. After discussion and upon.general consensus, Council agreed to a compromise between the Planning Commission and city staff recommendations to expand the urban reserve line to include land generally below the water service limit and the 30% slope break and another side area adjacent to it to allow an additional buildable area (5 -0). E. Area #8 - GP 1162 - PREFUMO CANYON Terry Sanville reviewed the Planning Commission and staff recommendations. Mayor Billig declared the public hearing open. Rob Strong spoke on behalf of the estate for Leonard Blaser who passed away this week, urging Council's support of the Planning Commission recommendation. Mayor Billig declared the public hearing closed. Councilman Settle stated he could support the Planning Commission recommendation. Councilman Dunin stated he could also support the Planning Commission recommendation. Councilwoman Dovey and Mayor Billig supported staff's recommendation. Councilman Griffin stated he would be supportive of a compromise between the two recommendations. After additional discussion, Council supported the staff recommendation (3 -2). F. Area #9 - GP /R 1163 (CR 1164). - HILL STREET AREA Terry Sanville reviewed the Planning Commission and staff recommendation. Mayor Billig declared the public hearing open. Mike Maino felt that the proposal as recommended was a direct confiscation of land. He felt this was a type of inverse condemnation. He felt it was not legal in that no equity had been allowed. Jerry Emery, 370 Hill Street, spoke in support of the recommended action. Mayor Billig declared the public hearing closed. C r1 City Council Minutes Tuesday, October 2, 1984 - 7:00 p.m. Page 8 After brief discussion, Council supported staff and Planning Commission recommendation (4 -1). 6. MANAGEMENT SALARIES (File 4622) Council considered recommendations by Council Subcommittee (Dunin /Griffin) on adjusting salaries for the City Administrative Officer, City Attorney and City Clerk. Robert Griffin, Council Subcommittee Chairperson, reported on the recommendations by the Subcommittee.for adjustment of the management salaries for the CAO, City Attorney and City Clerk. After brief discussion and on motion of Mayor Billig, seconded by Councilman Settle, the following resolutions recommended by the Subcommittee were adopted: Resolution No. 5484 (1984 Series), a resolution of the Council of.the City of San Luis Obispo be adopted adjusting the salary of the City Administrative Officer as recommended. Resolution adopted unanimously (5 -0). Resolution No. 5485 (1984 Series), a resolution of the Council of the City of San Luis Obispo be adopted adjusting the salary of the City Attorney as recommended. Resolution adopted unanimously (5 -0). Resolution No. 5486 (1984 Series), a resolution of the Council of the City of San Luis Obispo be adopted adjusting the salary of the City Clerk as amended. Resolution adopted unanimously (5 -0). C 0 M M U N I C A T I 0.N _S C -1. Thursday, October 11, 1984, at 3:30 p.m. was set for Joint Board of Supervisors /City Council Meeting at the Veteran's Memorial Building. C -2. Request by Mr. Richard DeBlauw of Sierra Gardens concerning a request for a pretentative development review for a development proposal located near the end of Margarita Avenue and adjacent to Prado Road within the Margarita Expansion Area was denied (5 -0). C -3. Council Subcommittee (Billig /Dunin) to work with staff to bring back Council proposal to extend the north side of Mission Plaza Extension for future Council review. 12:40 a.m. Mayor Billig adjourned the meeting to Closed Session to discuss litigation matters.. 1:30 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 to Tuesday,.Ostober 9, 1984, at 7:00 p.m. APPROVED BY COUNCIL: 11/13/84 1 Voges, i.