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Home My WebLink About11/21/198973 M I N U T E S ' REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 21, 1989 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembera Present: Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry Reiss, Allen R. Settle and Mayor Ron Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Jeffrey Jorgensen, City Attorney; Pam Voges, City Clerk; Jim Gardiner, Police Chief; Dave Romero, Public Works Director; Bill Hetland, Utilities Director; Erwin Willis, Battalion Chief; Allen Short, Water Division Manager; Barry Daffern, Wastewater Treatment Plant Operator PUBLIC COMMENT P.C.I. Brett Cross stated concern about what he perceived to be an unannounced action taken by Council at November 14, 1989, meeting. P.C.2. Barbara Cross urged Council to ban CFCs (carbons) in San Luis Obispo. Referred to staff for response. ------------------------------------------- -------------- ---- ------- - - - - -- CONSENT AGENDA Moved by Settle /Rappa (5 -0) to approve the Consent Calendar as recommended by the City Administrative Officer with the exception of C -2 as noted. C -1 AMERICAN HERITAGE TRUST ACT Council considered endorsing the American Heritage Trust Act of 1989 (H.R. 876), which would provide funds to buy land for open space, parks, wildlife preserves and historic sites. Resolution No. 6719 (5 -0) adopted supporting the American Heritage Trust Act of 1989 as recommended. C -2 OPEN -SPACE EASEMENT (File No. 402) Council considered granting an open -space easement for building setback purposes, adjacent to 1680 San Luis Drive subject to creek maintenance easement; Robert and Lillian Martin, applicants. After brief discussion, moved by Pinard /Rappa (5 -0) Resolution No. 6721 adopted authorizing the grant of an open -space easement as recommended. 74 City Council Minutes Page 2 Tuesday, November 21, 1989 - 7:00 p.m. C -3 FINAL MAP APPROVAL - TRACT 1438 (File No. 410) Council considered final map approval for Tract 1438, a 13- custom lot residential subdivision at 2000 Royal Way; R. & C. Gazin, subdividers. Resolution No. 6722 (5 -0) adopted approving the final map for Tract 1438 as recommended. PUBLIC HEARINGS 1. TENTATIVE MAP APPROVAL - TRACT 1827 (File No. 410) Council considered the approval of A) a tentative map creating an 18 -unit air- space residential condominium in a special considerations zone at 980 Florence Avenue; and B) Right -of- Way - Exchange to allow use of.a portion of Bishop Street right -of -way in exchange for compensating property to complete the City's preferred street alignment; P.E.T.R.A. Enterprises, applicant. Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution which would approve the vesting tentative tract map and right -of -way exchange based on required findings and subject to conditions recommended by the Planning , Commission. Mayor Dunin declared the public hearing open. Erik Justesen, RRM, representing the applicant, spoke in support of the project. Robert Ritamura, P.E.T.R.A. Enterprises, spoke in support. Brett Cross, 1217 Mariner's Cove, was concerned about the need to- repair roads due to heavy equipment traversing them to get to the project site. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Ra=a /Settle (5 -0) Resolution No. 6723 was adopted approving the vesting tentative tract map and right -of -way exchange, with an added condition to read: "The applicant shall provide at his sole expense and burden, as a condition of the final map, offsite property necessary to affect the right -of -way exchange as shown and noted on the tentative map for Tract 1827, incorporated herein by reference. It is acknowledged that the City has no intent to exercize its power of eminent domain to affect such exchange." 2. GENERAL PLAN AMENDMENT - 1575 BISHOP STREET (File No. 463) Council held a public hearing to consider amending the Land Use Element Map and Zoning Map to change the designation for GP /R 1422 from low- density, residential (R -1) to public facility, special considerations 1 75 City Council Minutes Page 3 Tuesday, November 21, 1989 - 7:00 p.m. (PF -S) for 1575 Bishop Street, which is adjacent to General Hospital; County of San Luis Obispo, applicant (continued from 5/16/89). Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that 1) Council adopt a resolution concurring with the negative declaration of environmental impact and amending the Land Use Element Map from low density, residential to public facilities with special considerations overly, and 2) introduce an ordinance to print amending the Zoning Map from R -1 to PF -S as recommended. Mayor Dunin declared the public hearing open. Joanne Wheatley, 216 Flora Street, a neighboring property owner, opposed the project. Paul Gallagher, also a nearby resident, expressed concerns regarding the proposed project. John Prior, architect for the project, supported the project. Ben McAdams, project developer, supported the project. Patrick Wheatley, also expressed concern regarding the proposed development. Myra Johnson urged the Council require a cul -de -sac as part of the project approval. Mayor Dunin declared the public hearing closed. After discussion, moved by Raooa /Settle (4 -1, Councilman Reiss voting no) that the hearing on the application be continued to date certain, December 12, 1989, with staff directed to work with the applicant and initiate rezoning of this property to PF -PD with no fee to the applicant. Motion carried. Moved by Raooa /Settle (5 -0) that staff be directed to intiate rezoning designations of adjacent properties, owned by the County surrounding General Hospital to PF -PD and R -1 -PD. Motion carried unanimously. 8:30 p.m., Mayor Dunin declared a recess; 8:45 p.m. City Council reconvened, all Councilmembers present. 3.A. WHALE ROCK AGENDA (File No. 921) Council continued its consideration of actions to be taken at the Whale Rock Commission meeting of Monday, November 27, 1989. Bill Hetland, Utilities Director, reviewed the agenda report with the recommendation that Council direct its City's representatives to the Whale Rock Commission on a variety of actions as indicated in the staff report. 76 City Council Minutes Page 4 Tuesday, November 21, 1989 - 7:00 p.m. Council first discussed the proposed leasing of the ponding area from the Mainini family. After discussion, moved by Settle /Reiss (5 -0) to direct the Whale Rock Commission representatives to vote to authorize the Whale Rock Commission proceed in their negotiation to purchase the Mainini property for ponding purposes, and, if unsuccessful, to return to Council for further action regarding eminent domain. Motion carried unaimously. The second issue dealt with the Coastal Stream Diversion Project. After discussion, moved by Settle /Pinard (5 -0), Council directed City's representatives to the whale Rock Commission to request that the discussion regarding the Coastal Stream Diversion be continued until Council can hold a study session to discuss this item. Motion carried unanimously. 3. CREEK ENCROACHMENT (File No. 591) Council considered a proposed building extension over the top of the San Luis Creek bank in conjunction with a development project to construct two studio apartments in a single building behind an existing house located at 1327 Pacific Street; Geri Gran and Lee BeDell, applicants. Randy Rossi, interim Community Development Director, reviewed the agenda ' report with the recommendation that Council adopt the resolution to approve or deny the encroachment as deemed appropriate. Mayor Dunin asked for public comment. Lou Kluver, representing the owner, spoke in support of the proposal. Jean Miller, a neighbor, opposed the project. Marlene Schmidt, nearby property owner, opposed the project. Jamie Loves, Buchon Street, urged Council to support a creek setback. Chuck Diehl, 1326 Pacific Street, was concerned about traffic and circulation problems and urged denial of the proposal. Louisianna Dart, 1318 Pacific Street, opposed the project. Jeananne Forsyth was concerned about parking problems and opposed the project. Bill Roalman, 546 Higuera Street, opposed allowing the encroachment. Mayor Dunin closed the public hearing. After discussion, moved by Settle /Pinard (5 -0) Resolution No. 6724 was adopted , denying the proposed encroachment over the top of the creek bank. 77 City Council Minutes Page 5 Tuesday, November 21, 1989 - 7:00 p.m. 4. WASTEWATER MANAGEMENT PROJECT (File No. 517) Council considered an amendment to engineering services for implementation of the Wastewater Management Plan. Councilwoman Rama expressed concern as to the amount of money the consultant was requiring for the project. After brief discussion, moved by Dunin /Reiss (4 -1, Councilwoman Pinard voting no) to adopt Resolution No. 6725 approving amendment No. 3 to the Wastewater Management Plan as recommended. ---------------------------------------------------------------------------- COMMUNICATIONS C. 1. Councilwoman Pinard urged Council to place a moratorium on all building permits. C. 2. Councilman Reiss requested that staff get additional information on the Ojai Trail Proposal that the City of San Luis Obispo might review. 10:30 p.m., City Council adjourned to closed session to discuss possible — - litigation matters. 11:00 p.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Friday, Decemb , 1989, at 12:10 p.m. APPROVED BY COUNCIL: 1/2/90 V S PV:nlo Pam Voges, Cito Clerk M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY, DECEMBER 1, 1989 - 12:10 P.M. COUNCIL CHAMBER, CITY BALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry Reiss, Allen K. Settle and Mayor Ron Dunin Absent: None ' 1. PRESENTATION BY MAYOR DUNIN Mayor Ron Dunin made presentation to Allen K. Settle for his many years of