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HomeMy WebLinkAbout03/04/1986CITY COUNCIL MINUTES - TUESDAY, MARCH 4, 1986 - 7:00 p.m. PAGE 2 C -3 FINAL MAP APPROVAL - TRACT 1229 (File #410 -1229) Resolution No. 5911 (1986 Series), was adopted granting final map approval for Tract 1229, Unit II, as recommended (4 -0 -1, Griffin absent). C -4 PLANS AND SPECIFICATIONS - SINSHEIMER PARKING LOT /LANDSCAPING Plans and specifications approved for "Sinsheimer Parking Lot and Landscaping Project, City Plan No. J27Y;" staff authorized to advertise ' for bids and Resolution No. 5912 (1986 Series), adopted transferring funds ($70,000) to the Capital.Improvements Program account as recommended (4 -0 -1, Griffin absent). C -5 SURPLUS CITY PROPERTY (File #165) Fire protective clothing declared surplus and donation authorized to Allan Hancock College as recommended (4 -0 -1. Griffin absent). C -6 NOISE ORDINANCE UPDATE (File #738) One -year status report od Ordinance No. 1031, regarding noise regulations received and filed as recommended (4 -0 -1, Griffin absent). A D V I S O R Y B 0 D Y A P P O I N T M E N T A. HOUSING AUTHORITY APPOINTMENT (File #125) Moved by Griffin /Settle (5 -0), Donald O'Connor was reappointed to the Housing Authority for a four -year term expiring 3 -31 -90 as recommended. P U B L I C H E A R I N G S 1. SUBDIVISION REGULATIONS AMENDMENT (File #411) ' Council held a public hearing to consider giving final passage to Ordinance No. 1055, amending the Subdivision Regulations to establish requirements for processing "vesting tentative maps" for residential subdivisions; City of San Luis Obispo, applicant (continued from 2 -4 -86 and 2- 18 -86). Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council give final passage to Ordinance No. 1055 implementing the vesting tentative map procedure as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Moved by Dovey /Settle (5 -0), Ordinance No. 1055 was given final passage establishing requirements for processing "vesting tentative maps" as recommended. 2.- UNDERGROUND UTILITIES (File #562) Council held a public hearing to consider giving final passage to Ordinance No. 1056, amending the Municipal Code to add underground utility Districts 10 & 11, Madonna Road from Higuera to west of Zozobra, and Higuera from Madonna to Marsh (continued from 12 -3 -85 and 2- 18 -86). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council give final passage to Ordinance No. 1056, establishing underground utility districts 10 & 11 as recommended. Mayor Dunin declared the public hearing open. Ken Schwartz, 201 Buena Vista, was opposed to the ordinance and felt that it was an effort by staff to subvert Council policy in which he cited various areas where staff was not following previously - adopted policy. He then reviewed a brief history of the establishment of the various policies CITY COUNCIL MINUTES - TUESDAY, MARCH 4, 1986 - 7:00 p.m. PAGE 3 that he understood to be in existence. He stated that the ordinance was established for aesthetic reasons and was concerned that there had been no previous Architectural Review Commision, Planning Commission, and other citizen review throughout the process. He felt it was clear that the priority of this particular area was taken out of order and that the Santa Rosa project was clearly identified as being required to be dealt with first. His biggest concerns were cost, budget, and the assessment procedures. He felt that the current districts were street widening projects and not for undergrounding of utilities. He also felt that the Madonna Plaza project should have provided for the developers paying a major portion. He was also displeased with the district lines as he felt they were too long. Dave Romero. Public Works Director, responded to comments raised by Mr. Schwartz, stating that: 1) the priorities had been changed by the Council when : it adopted the plan to coordinate street widening with underground utilities a year ago; 2) the city has never used anything but 20A funds for this purpose; 3) boundary lines were drawn tightly because the primary purpose was to clear the streets of overhead lines; 4) almost all the services had been previously undergrounded, which was why the cost to property owners was minimum; 5) staff felt there would have been -a substantial property owner protest in the event that all poles in deep properties would have been required to be undergrounded;. 6) with reference to Resolution No. 2579, he stated that staff was complying with all conditions and that there had not been a previous requirement that ARC review underground districts; 7) the Underground Utilities Committee had reviewed and made recommendation for the street widening. Paul Lanspery, Administrative Officer, then reviewed the budget policy documents that supported the direction that staff had taken for this particular recommendation. Roger Picquet, City Attorney, stated that the Planning Commission had reviewed the Capital Improvement Project and had made their recommen- dations which these districts were a part of. He reviewed the difference between the underground service area vs. underground utility district as outlined in the ordinance. Mayor Dunin declared the public hearing closed. Councilwoman Rapp a felt that undergrounding should include all poles on the properties. She would like to see policy statements in the future be included as part of the staff report and also felt citizen participation should be included. Councilwoman Dove y stated she could support the final passage; however, in the future, she would like to have a better review in light of the discussion this evening and particularly that public review and input be involved. She also would prefer seeing the creek boundary being used rather than the line that was drawn. She also asked that the Budget Subcommittee review the budget policy on this issue prior to the next review of the budget. If possible, she would like to see ARC and Planning Commission review future undergrounding of utilities. After discussion, moved by Griffin /Dunin (3 -2, Rappa & Settle voting no), Ordinance No. 1056 given final passage to add Underground Utility Districts 10 & 11 as recommended. Staff was directed to bring future underground utility districts to the ARC for review and recommendation (5 -0). 3. REZONING - HIGUERA STREET (File #463) Council held a public hearing to consider granting final passage to Ordinance No. 1054, rezoning approximately 2.34 acres from service - commercial /light industrial (C -S) to service - commercial /light industrial - special consideration (C -S -S) at 55 and 65 Higuera Street; City of San Luis Obispo. applicant (Henry Baron. property owner) (continued from 2 -4 -86 and 2- 18 -86). Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council give final passage to Ordinance No. 1054 1 1 CITY COUNCIL MINUTES - TUESDAY, MARCH 4, 1986 - 7:00 p.m. PAGE 4 which approved a negative declaration of environmental impact and approved the rezoning from C -S to C -S -S as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Moved by Dovey /Rappa (3 -2, Griffin & Settle voting no), Ordinance No. 1054 was given final passage as recommended. 4. BROAD STREET SETBACK LINE (File #532) Council considered a Planning Commission recommendation to amend the adopted building setback line on Broad Street between Monterey and Chorro Streets, including environmental considerations; City of San Luis Obispo, applicant. Candace Havens, Assistant Planner, reviewed the agenda report with the recommendation that Council introduce the ordinance to print (Exhibit B) granting a negative declaration of environmental impact and deleting the Broad Street Plan Line between Monterey and Higuera Streets and between Pismo and High Streets as recommended by the Planning Commission. Councilwoman Rappa stepped down due to a possible conflict of interest. Mayor Dunin declared the public hearing open. Hilda Rosa, 2007 South Broad Street and adjacent to the Union Oil property, spoke against any possible future widening. She stated that if Council did support it, she would hope that they would remove the bike lanes. David Hannings, 1904 Broad Street, spoke in support of the Planning Commission recommendation to delete the line. Peg Pinard, 714 Buchon, also submitted letters from Mr. and Mrs. Ewing and The Victoria Square Home Association, in support of deleting the plan line. Penny Rappa, 1445 Broad Street, also urged the Council to support the Planning Commission recommendation for deletion of the plan line. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Settle/Dove y (4 -0 -1, Rappa absent), Ordinance No. 1057 (1986 Series), introduced to print granting a negative declaration of environmental impact and deleting the Broad Street plan line between Monterey and Higuera and between Pismo and High Street with amendment as submitted by the City Attorney to Section 2 to read, "An official building setback line is established on both sides of Broad Street, from Higuera Street to the southeasterly city limit line excepting therefrom that portion from Pismo Street to High Street, for forty feet from the existing centerline of said portion of Broad Street." Upon general consensus, Council accepted the Planning Commission recommendation for a detailed traffic study addressing aesthetics, neighborhood integrity and traffic, including budget as needed (4 -0 -1, Rappa absent). 8:55 p.m. Mayor Dunin declared a recess. 9:05 p.m. City Council reconvened, all Councilmembers present. 5. BROAD & MURRAY TRAFFIC ISSUES (File *777) Council considered removing road bumps on Broad Street and stop signs on Broad Street at Center Street and monitoring traffic volume on cross streets (continued from 12/3/83). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council 1) remove road bumps on Broad Street and stop signs on Broad Street at Center Street; and 2) monitor traffic volume on cross streets. CITY COUNCIL MINUTES - TUESDAY, MARCH 4, 1986 - 7:00 p.m. PAGE 5 Mayor Dunin declared the public hearing open. Richard Schmidt, 112 Broad Street, was opposed to the recommended action and although he was no longer opposed to the speed bumps, he would like to see Broad Street reclassified from a collector to a local street. He also submitted a petition by several residents in the neighborhood urging the Council to control speed and the quantity of traffic through their neighborhood. Joe Lewis, 300 N. Broad Street, submitted a petition with 45 signatures stating that the neighbors were concerned about the removal of the speed bumps and stop signs and felt that the presence of those measures had made their neighborhood safer by slowing traffic and would, therefore, strongly oppose their removal. Gail Jacobson, Broad Street, was opposed to the bumps as it was destructive to the vehicles and felt that a stop sign should be placed at Chorro and Meinecke and to return the stop at Murray and Broad. She felt better enforcement for traffic was required. Krissy Hewett, 69 Benton Way, suggested elimination of the freeway on -ramp at Broad Street. She was concerned about the ingress, egress from the Lucky Store near Meinecke and Broad and felt that the truck route should be detoured from this residential area. Mr. Freeman, 137 North Broad Street, disagreed with staff's recommendation but was in support of removing road bumps and felt they should be replaced with stop signs. Jeff Stein, resident of the 200 block of Broad, felt that the traffic was too fast, and that the city should protect the residents and be more concerned with safety, rather than traffic circulation. Marsha Canadien, 265 Broad, stated that her child had been seriously injured on Broad Street due to the excessive traffic speed and would urge support of leaving the bumps or stop signs in the neighborhood. Marlaine Hubbard, 153 North Broad, also spoke in support of measures to be taken to protect the residents, rather than being concerned about the traffic circulation. T. Keith Gurnee submitted a letter for the Council and stated that if the Council did choose to remove the speed bumps, then stop signs should be installed. Dan Hayward, 740 Murray Street, urged that a stop sign be placed at Murray and Benton and that more speed bumps be installed. Jacob Feldman, professor of Architecture at Cal Poly and resident on Broad Street, did not support the speed bumps. He recommended that the Council close -off both Broad and Chorro near Foothill. This would keep the neighborhood residential, as it should be. Hilda Rosa, resident on the corner of Mission and Broad, spoke in support of placing stop signs in as many places as possible. Mayor Dunin closed the public portion. After discussion, moved by Dovey /Rappa (4 -1, Griffin voting no), to leave 1 Broad Street and the road bumps as is. Councilman Griffin suggested that staff be directed to consider redesig- nating Broad Street as a local street in conjunction with the next review of the Circulation Element; to initiate action to install additional stop signs on Broad at Ramona and Mountain View and at Chorro and Meinecke; and to initiate an evaluation of the removal of the freeway ramp at Broad Street. After discussion, moved by Griffin /Dovey, to initiate action to consider redesignating Broad Street as a local street in conjunction with the next review of the Circulation Element. Motion failed (3 -2, Dovey, Rappa & Settle voting no). CITY COUNCIL MINUTES - TUESDAY, MARCH 4, 1986 - 7:00 p.m. PAGE 6 Griffin moved to initiate action to install additional stop signs on Broad at Ramona and Mountain View and at Chorro and Meinecke. Motion failed for lack of a second. Moved by Dovey /Settle (5 -0), to set a study session (open to the public) to: 1) evaluate redesignation of Broad Street as a local street; 2) evaluate the installation of additional stop signs on Broad at Ramona and Mountain View and at Chorro and Meinecke; 3) evaluate the removal of the freeway on -ramp at Broad, addressing truck routes, signing and enforcement on Broad Street; and 4) look at additional recommendations such as traffic signal concerns on Foothill Blvd., and getting the traffic back to the thoroughfares. Upon general consensus, report to be brought back within three months (5 -0). 6. PROPOSED SUBDIVISION - TRACT 1362 (File #410 -1362) Council held a public hearing to consider a Planning Commission recommendation to grant tentative map approval for Tract 1362, creating a 20 -unit service commercial /industrial air -space condominium complex at 3563 Sueldo Street; C -S -SP zone; Steven Frank, subdivider. Toby Ross, Community Development Director, reviewed the Council agenda report with the recommendation that Council adopt the resolution approving the tentative map for Tract 1362, subject to findings and conditions as recommended. Mayor Dunin declared the public hearing open. Steven Frank, civil engineer for the owner, urged Council's support as recommended by the Planning Commission and staff. ' David Brannon, architect for the project, responded to Councilwoman Dovey's question, stating that the proposed project was always designed for condominium units but due to ownership change, had not been carried out previously. Mayor Dunin declared the public hearing closed. Moved by Settle /Rappa (5 -0), Resolution No. 5914 (1986 Series), was adopted approving tentative map for Tract 1362 as recommended. 7. FINAL ABANDONMENT - NIPOMO STREET (File #535) Council held a public hearing to consider granting final street abandonment of a portion of Nipomo Street right -of -way at Stenner Creek crossing; SLOBAK, Inc. (Cliff Hiatt), applicant (continued from 2- 4 -86). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council adopt the resolution abandoning a portion of Nipomo Street between Brizzolara and Peach Streets as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed abandonment. Mayor Dunin declared the public hearing closed. Moved by Settle /Dover (5 -0), Resolution No. 5915 (1986 Series), was adopted granting final street abandonment on portion of Nipomo Street as recommended. 8. HIGUERA COMMERCE SPECIFIC PLAN (File #410 -703) Council held a public hearing to consider a Planning Commission recommen- dation to amend the Higuera Commerce Specific Plan text and map to eliminate home improvement complex uses and replace with service- commer- cial uses; Roland Maddalena, applicant. Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution as recommended by the Planning Commission amending the Higuera Commerce Specific Plan to eliminate to home improvement complex and allowing service - commercial uses. CITY COUNCIL MINUTES - TUESDAY, MARCH 4, 1986 - 7:00 p.m. PAGE 7 Mayor Dunin declared the public hearing open. Roland Maddalena, applicant, spoke in support of the recommendation by staff to remove the designation for home improvements. Mayor Dunin declared the public hearing closed. Moved by Settle / Rappa (5 -0), Resolution No. 5916 (1986 Series), was adopted amending the Higuera Commerce Park Specific Plan as recommended. 9. FIRE FEES (File #722) Council considered establishing fees ($175) for underground hazardous material storage tank permits. Mike Dolder, Fire Chief, reviewed the agenda report with the recommendation that Council adopt the resolution revising the Fire Department permit fee schedule to include fee for underground storage tank permits and rescinding Resolution No. 5404 as recommended. Mayor Dunin asked for public comment. Peter DeGroot, 34 South Street (Model Linen), asked that the Council look at consolidation of some of the fees, rather than additional fees every time fire inspections were made. The continual addition of fees was pricing them out of the competitive market. Mayor Dunin closed public portion. Councilman Settle urged that the fee structure be looked at again where penalty fees could be utilized, rather than having renewable fees on an annual basis. Mike Dolder, Fire Chief, explained that the department was attempting to recapture the $16,000 required for implementation of this program, part of that being an additional half -time inspector. Councilwoman Dove y suggested that staff report back in a year on the effect of these fees. After brief discussion, moved by Rappa /Dunin (4 -1, Settle voting no), Resolution No. 5917 (1986 Series), was adopted establishing fees for Fire Department permits as recommended. Informal report to be returned within one year. C O M M U N I C A T I O N S C -1 Staff directed to draft a letter for the Mayor's signature opposing AB2674 regarding additional requirements to comply with the Brown Act. provisions (5 -0). C -2 Staff directed to review AB2020 regarding the Bottle Bill with recommendation on whether the Council should continue to support the "watered down" bottle bill (5 -0). There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at 11:25 to Monday, March 10, 1986, at 12:00 noon. Pa ela Voges, ty Clerk APPROVED BY COUNCIL: 6 -17 -86