HomeMy WebLinkAbout05/16/1989422
City Council Minutes Page 2
Tuesday, May 16, 1989 - 7:00 p.m.
CONSENT AGENDA
Moved by Settle /Pinard (4 -0 -1, Councilmember Rappa absent) to approve the 1
Consent Calendar as recommended by the City Administrative Officer.
C -1 COUNCIL MINUTES
Council approved the minutes of Wednesday, April 5, 1989, Monday, April
10, 1989, and Tuesday, April 18, 1989, as amended.
C-2 MITCHELL PARK PROJECT
Consideration of plans and specs for "Corner Memorial, Mitchell Park;"
City Plan No. N -55Y; engineer's estimate $38,000.00 without contingencies.
(Plans and specs available in Council Office for inspection.)
Plans and specs approved, staff authorized to advertise for bids, and CAO
authorized to award contract if within the engineer's estimate as
recommended.
C -3 SEWER MAIN RECONSTRUCTION PROJECT
Consideration of plans and specs for "Sewer Main Reconstruction Project:
Leff Street - Broad to Garden," City Plan No. N -29R; engineer's estimate
$36,800.00 without contingencies. (Plans and specs avalable in Council
Office for inspection.)
Plans and specs approved, staff authorized to advertise for bids, and CAO
authorized to award contract as recommended.
BUSINESS ITEM
A. COURT STREET REFERENDUM PETITION (File No. 324)
Council considered a request from Councilman Settle concerning the court
Street Referendum.
Vicki Finucane, Acting City Attorney, recommended that the Council
continue this item until after June 6, 1989, which is the court date set
for discussion for the Writ of Mandate for a suit brought against the City
by Billia /Settle vs. City Clerk.
Moved by Pinard /Reiss (3 -1 -1, Councilwoman Rappa absent) to continue the
discussion of the Court Street Referendum to a date uncertain, after the
court date to be held on June 6, 1989, regarding this issue.
Mayor Dunin then entertained discussion on the motion.
Councilman Settle stated he would withdraw his lawsuit if the Council
would act on the Court Street Referendum and direct the City Clerk to
continue counting signatures.
Mayor Dunin then asked for public comment.
Don Smith urged Council to direct the Clerk to continue counting
signatures; he felt there were sufficient signatures to put this measure
on the ballot, which he felt represented a majority of the wishes of the
public.
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City Council Minutes Page 3
Tuesday, May 16, 1989 - 7:00 p.m.
Richie Ray Walker, a circulator of the petition, spoke in support of the
referendum and urged Council's action on it this evening.
Melanie Demerit spoke in support of the Court Street Referendum and urged
Council's placement of it on the ballot.
Alician Clueman, 1588 Madonna Road, spoke in support of the Referendum.
Mary Beth Schroeder, also a circulator of the petition, urged its
placement on the ballot.
Brian Long, 2121 Harris Street, felt the petition had been misrepresented
to him when a circulator requested his signature.
Keith Gurnee spoke in support of the Council's motion to defer the item as
recommended by the City Attorney; felt the Referendum was politically
motivated and that the proponents owed the City an apology for taking
legal action against the City Council.
Mike Spangler, Chairman of the BIA Parking Committee, spoke in support of
the Court Street Project.
Ken Schwartz, 201 Buena Vista, felt the project should be deferred until
other more important issues of the City have been resolved.
Roy Hanff, 569 Lawrence Drive, urged the City Clerk continue counting
signatures, and if the Referendum was declared sufficient, it should be
placed on the ballot.
Councilman Settle then moved to amend the motion to direct the City Clerk
to continue verifying signatures and certify as to the Referendum's
sufficiency.
Motion failed for lack of a second.
Question was then called on the original motion which had been moved by
Pinard /Reiss to continue the discussion of the Court Street Referendum to
a date uncertain, after the court date is held on June 6, 1989, regarding
this issue (3 -1 -1, Councilman Settle voting no, Councilwoman Rappa
absent).
8:25 p.m., Mayor Dunin declared a recess.
8:35 p.m., City Council reconvened, Councilwoman Rappa absent.
PUBLIC HEARINGS
1. APPEAL - DIRECTOR'S SUBDIVISION HEARING (File No. 407)
Council held a Public Hearing to consider an appeal by Daniel Balicki of a
Director's Subdivision decision to allow a tentative parcel map creating
three lots from one lot at 1550 Royal Way (MS 89 -07); Patrick Meissner,
subdivider (continued from 5/2/89).
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City Council Minutes Page 4
Tuesday, May 16, 1989 - 7:00 p.m.
Michael Multari, Community Development Director, briefly reviewed the
agenda report with the recommendation that Council adopt the resolution to 1
deny the appeal and approve the minor subdivision subject to findings and
conditions adopted by the Subdivision Hearing Officer.
Mayor Dunin declared the public hearing open.
Dan Balicki, 1553 Cucaracha Court, spoke in support of his appeal and
urged against allowing the three lot subdivision.
Robert Graham, 1573 Cucaracha Court, spoke in support of the appeal.
Patrick Meissner, subdivider, spoke in suppport of the project.
Mack Meissner, co -owner of the property, also spoke in support of the
project.
Robert Raurtelia, appellant's representative and the architect on the
project, urged support.
John Mueller, 1567 Cucaracha Court, supported the appellant's position.
Mrs. Verduao spoke in support of the appeal.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Dunin (2 -2 -1, Councilmembers Pinard and Reiss voting no,
and Councilwoman Rappa absent) to uphold the appeal and support a two -lot
subdivision rather than three, including waiving any fees for resubmittal
of the project. The motion failed.
Moved by Pinard /Reiss (2 -2 -1, Councilmembers Settle and Mayor Dunin voting
no, and Councilwoman Rappa absent) to deny the appeal with additional
terms to share a common driveway and treating this site as a sensitive
site. Motion failed.
Moved by Settle /Dunin (4 -0 -1, Councilwoman Rappa absent) to continue this
item to the next available meeting when five Councilmembers would be
available. Motion carried unanimously.
2. GENERAL PLAN AMENDMENT - PD 1312 (463)
Council considered amending the Land Use Element map and zoning map to
change the designation for GP /R 1312 from medium density, residential,
special considerations (R -2 -S) to office /planned development (0 -PD) and
consideration of a preliminary development plan to allow medical offices
at 1825 Johnson Avenue (adjacent to French Hospital); Summit Health, Ltd.,
subdivider.
Moved by Settle /Reiss (4 -0 -1, Councilwoman Rappa absent) to continue this
item to date certain, Tuesday, June 6, 1989, at the request of the
applicant. Motion carried unanimously.
3. GENERAL PLAN AMENDMENT - PD 1422 (463)
Council held a Public Hearing to consider (a) amending the Land Use
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City Council Minutes Page 5
Tuesday, May 16, 1989 - 7:00 p.m.
Element map and zoning map to change the designation for GP /R 1422 from
low- density, residential (R -1) to public facility, special considerations
(PF -S) for 1575 Bishop Street (property adjacent to General Hospital); and
(b) adopting a Resolution of Intention to set a public hearing for a
request to abandon a portion of Bishop Street between Johnson Avenue and
Flora Street; PF and R -1 zones; County of San Luis Obispo, applicant.
Michael Multari, Community Development Director, briefly reviewed the
agenda report with the recommendation that he introduce the proposed
street abandonment and the request for the amendments to the Land Use
Element Map to Public Facilities and the Zoning Map to PF -S and PF, but to
continue consideration until completion of report by the botanist for
possible rare and /or unique plants on the site.
Mayor Dunin declared the public hearing open.
Paul Gallagher, 1550 Bishop Street, sited concerns about circulation and
offsite improvements.
Mayor Dunin declared the Public Hearing closed.
Moved by Pinard /Settle (4 -0 -1, Councilwoman Rappa absent) to continue this
item as recommended by staff. Motion carried unanimously.
4. APPEAL - DIRECTOR'S SUBDIVISION HEARING - LUNETA DRIVE (407)
Council held a Public Hearing to consider two appeals, one by James
Carlisle and one by Lydia Mourenza, of a Director's Subdivision decision
to approve a tentative parcel map creating three lots from two.lots at 580
Serrano Drive and 585 Luneta Drive; R -1 zone; D.J. Moore, subdivider.
Michael Multari, Community Development Director, briefly reviewed the
agenda report with the recommendation that the Council deny the appeal and
approve the minor subdivision subject to the findings and conditions
adopted by the Subdivision Hearing Officer.
Mayor Dunin declared the public hearing open.
Tom Baumberger, on behalf of the applicant, spoke in support of the
project.
Jim Carlisle, one of the appellant's, urged that no more than two lots be
subdivided.
Lydia Maurenza, also an appellant, urged against the lot split.
Ken Haus, 87 Palomar, was concerned about the traffic this project would
generate.
Dan Martin, owner of the project, spoke in support.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Settle / Pinard (3 -1 -1, Councilman Reiss
voting no, Councilwoman Rappa absent) to adopt Resolution No. 6613,
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City Council Minutes Page 6
Tuesday, May 16, 1989 - 7:00 p.m.
upholding the appeal and approving the minor subdivision subject to
findings and conditions adopted by the subdivision Hearing Officer, and
with amendments to include providing for 50, frontage lots and to declare
the sites "sensitive ", which would require an Architectural Review
Commission approval. The Council also directed staff to close the Luneta
half - street until the street is fully developed. Motion carried.
5. PLANNED DEVELOPMENT REZONING /TENTATIVE MAP - BULLOCK LANE (File #410)
Council held a Public Hearing to (a) consider amending the zoning map for
PD 1437 to change the designation from medium - density residential (R -2) to
medium- density residential planned development (R -2 -PD) allowing for
density transfer; and (b) a tentative tract map for Tract 1672 creating 11
residential lots; both actions relating to 3450 Bullock Lane; Don Hubbard,
applicant.
Michael Multari, Community Development Director, reviewed the agenda
report with the recommendation that the City Council (1) concur with the
negative declaration on environmental impact, and (2) approve the rezoning
in the subdivision with the exceptions noted and subject to the findings
and conditions.
Mayor Dunin declared the public hearing open.
Don Hubbard, applicant, spoke in support of the project.
Jeff Emrick, spoke in support of the project.
Tom Patterson, one of the four owners, spoke in support.
Mayor Dunin declared the public hearing closed.
After additional discussion, moved by Pinard /Settle (4 -0 -1, Councilwoman
Rappa absent) to continue this item with specific direction to revise the
conditions to include maintenance of the open space easement, common
driveway agreements, notice of potential building restrictions, and
delineation of building, siting, and design standards. Motion carried.
6. MOTEL LANDSCAPING - MONTEREY" STREET (File No. 407)
Council held a public hearing to consider the final landscaping plan at a
new 50 -unit motel located at 1951 Monterey Street, Rajni Desai, applicant
(continued from 4/4/89).
Michael Multari, Community Development Director, briefly reviewed the
agenda report with the recommendation that Council adopt a resolution
which would concur with the action of the Architectural-Review Commission
to approve the revised plans as recommended.
Mayor Dunin declared the public hearing open.
Carol Florence, of Landscape Architects, and the architect on the revised
plans, spoke in support of the project and identified where the various
plants and trees would be located.
Jane Anderson, one of the appellant's of the project from a previous
discussion, stated that they could live with the new plan and supported
the project.
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City Council Minutes
Tuesday, May 16, 1989 - 7:00 p.m.
Page.7
Mayor Dunin declared the public hearing closed.
After discussion, moved by Reiss / Pinard (4 -0 -1, Councilwoman Rappa absent)
to adopt Resolution No. 6614, concurring with the Architectural Review
Commission's action to approve the revised plans as recommended. Motion
carried. Upon general consensus, staff was directed to investigate and
report back about whether or not trees were removed the proper
permit approvals, and, if so, what penalties could be imposed.
7. RETROFIT FEE PROPOSAL (File No. 517)
Council held a public hearing to consider establishing a $15.00 fee for
each dwelling or motel unit to be retrofitted by those obtaining water -use
offsets for new construction to cover the City's costs of inspection and
recordkeeping.
Michael Multari, Community Development Director, reviewed the agenda
report with the recommendation that Council adopt the resolution which
would impose the $15.00 fee as recommended.
Mayor Dunin declared the public hearing open.
No one spoke for or against the fee's. Mayor Dunin declared the public
hearing closed.
It was then moved by Settle /Dunin (1 -3 -1, Councilmembers Pinard, Reiss and
Mayor Dunin voting no, Councilwoman Rappa absent) to support the program,
but not to adopt a fee. Motion failed.
It was then moved by Settle /Reiss (4 -0 -1, Councilwoman Rappa absent) to
adopt Resolution No. 6615 and add the $15.00 fee for water conservation
retrofits to the Building Division fee schedule as recommended by staff.
Motion carried unanimously.
S. ADMINISTRATIVE ASSISTANT POSITION (File No. 601)
Council considered the authorization for the CAO to recruit and hire an
Adminstrative Analyst to replace the Assistant to the City Administrative
Officer.
John Dunn, City Administrative Officer, reviewed the agenda report with
the recommendation that Council support his request for the recruitment.
After brief discussion, moved by Settle /Dunin (4 -0 -1, Councilwoman Rappa
absent), the CAO was authorized to recruit and hire an Administrative
Analyst as recommended.
12:00 p.m., there being no further business before the City Council, Mayor
Dunin adjourned the meeting to Tuesday, May 23, 1989 at 4:00 o.m., in the
Council Hearing Room.
1 APPROVED BY COUNCIL: 6/20/89
PV:nlo /kal Pa Voges, Cit Clerk