PISMO BEACH COUNCIL AGENDA REPORT

Transcription

1 PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: STATUS UPDATE ON GATE ACROSS BICYCLE PATH AT BLUFFS DRIVE RECOMMENDATION: By Motion, direct staff regarding continued failure by Bluffs HOA to remove gate across bicycle path. EXECUTIVE SUMMARY: At the March 1, 2011 City Council meeting, Council was provided a status report on the February 7 Traffic Safety Committee meeting discussion of a gate installed by the Bluffs Homeowners Association across a bicycle access to Bluffs Drive. Council directed staff to communicate with the Bluffs HOA the direction to remove the gate until such time as an alternative bicycle path was provided. On March 8, 2011, Dwayne Chisam wrote to the HOA, memorializing the commitment made by Larry Rose, the HOA president, to remove the gate if requested by the City. Mr. Chisam also informed Mr. Rose of the direction of the Council to remove the gate. Mr. Rose later responded by letter dated March 29, 2011, informing Mr. Chisam that the HOA was going to consider the request to remove the gate at its April 19, 2011 meeting. No further information regarding the outcome of that meeting has been provided to City staff. The Bluffs HOA has indicated that it intends to construct bicycle access to Bluffs Drive through the parking lot on the ocean-side of Bluffs Drive. The plans outlined indicate a decomposed granite path of some length. There is currently no indication that there will be a transition spot from the path to the street, so bicyclists may be forced to dismount before continuing on the street. In any event, this process is not complete, of course, and the gate is still blocking bicycle access to Bluffs Drive. On May 6, 2011, the City Attorney wrote to the Bluffs HOA, urging the removal of the gate. In a response dated May 13, 2001, Mr. Rose acknowledged the fact that Bluffs Drive is designated as a bike lane, and he mentioned that a design proposal had been submitted to the City for an alternate path for the bike lane. No mention was made, though, of a date by which the gate would be removed pending consideration of the design proposal. As such, the gate remains in place across the bicycle path. During the analysis of the status of the bicycle path, the City Attorney noted that there is also some question regarding the legality of the installation of the large vehicle gate across Bluffs Drive. While this is not an issue the Council has given direction to pursue, there is some question as to whether this gate was installed appropriately, too. In any event, that issue does not need to be resolved at this point, but if Council directs staff to pursue the bicycle gate matter further, it may be appropriate to analyze the installation of the entire gate structure across the driving surface at the same time. Page 1

2 The Municipal Code allows the City Council to direct the City Attorney to commence such actions as are necessary to abate public nuisances. Under the Code, any building or structure erected contrary to the zoning code is declared to be a public nuisance. As such, the Council could, as one of its options, direct the City Attorney to begin legal proceedings against the Bluffs HOA should it not voluntarily remove the bicycle gate during consideration of the alternate access proposal. FISCAL IMPACT: No fiscal impact anticipated from the status report. Potential costs of unknown amounts depending on additional direction provided to staff by Council. ATTACHMENTS: 1. Agenda report from March 1 City Council meeting 2. Letter from Dwayne Chisam to Bluffs HOA dated March 8, Letter from Larry Rose, Bluffs HOA, dated March 29, Letter from Dave Fleishman to Bluffs HOA dated May 6, Response letter from Bluffs HOA dated May 13, Alternate bike path proposal submitted by Bluffs HOA Prepared by: David Fleishman, City Attorney Meeting Date: June 7, 2011 City Manager Approval: Page 2

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