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HomeMy WebLinkAbout12/05/1989.A City Council Minutes Page 2 I ,Tuesday, December 5, 1989 - 7:00 p.m. C -2 SEXUAL HARASSMENT POLICY (File No. 621) Council considered establishment of a City Sexual Harassment Policy and training program for all city employees. Pat Renshaw stated she wanted Council to provide ongoing training as she felt the failure to provide that would make the policy ineffectual. Councilwoman Pinard suggested some minor wording amendments. Moved by Ravoa /Roalman (5 -0) Resolution No. 6726 adopted establishing the Sexual Harassment Policy and the training program with minor amendments as recommended by Councilwoman Pinard. Motion carried unanimously. C -3 JACK HOUSE PRESERVATION (File No. 891) Council considered submittal of a National Register application to the California Office of Historic Preservation for the Jack House Residence. After discussion, moved by Rafloa /Roalman (5 -0) Resolution No. 6727 was adopted authorizing submittal of the application as recommended. Councilwoman Ravoa stated she was pleased to see this item going forward and urged its success. C -4 SONIC CABLE (File No. 143) Council considered a request by Sonic Communications to reassign cable television franchise agreement from Sonic Cable Television to another wholly - owned subsidiary, Sonic Leasing. Resolution No. 6728 (5 -0) adopted authorizing the transfer of the cable franchise agreement to Sonic Cable Leasing as recommended. --------------------------------------------------------------------------- PUBLIC HEARING 1. APPEAL OF ENVIRONMENTAL DETERMINATIONS AND CONSIDERATION OF TENTATIVE MAP - 124 HIGHLAND DRIVE (File No. 407) Council held a public hearing to consider A) an appeal by Charron O'Neill of Community Development Director's action granting mitigated negative declaration on environmental impact for Minor Subdivision 89 -116; and B) a tentative map creating 3 lots from one lot at 124 Highland Drive; R -1 zone; Ina and Norman Lerner, subdividers. (Note: A complete transcript of this item is being prepared and is made a part of this record, including the tapes from the hearing.) Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution to deny the i City Council Minutes Page 3 1 Tuesday, December 5, 1989 - 7:00 p.m. appeal and approve the tentative map subject to recommended findings and conditions as shown in the resolution. Mr. Rossi also showed a slide presentation of the property proposed for the minor subdivision (a complete copy of the staff report and supporting documents are available in File No. 407). Mayor Dunin declared the public hearing open. Kurt Kuper, a San Luis Obispo County resident, stated on behalf of the applicant, Charron O'Neill, she was withdrawing her appeal of the environmental determination and would speak to the public hearing portion of the meeting concerning the tentative map. Charron O'Neill, 149 Fel Mar, stated for the record that she had withdrawn her appeal. Terry Simons, representing the subdividers, Ina and Norman Lerner, questioned if the withdrawal of the appeal would mean that the negative declaration would be sufficient. After discussion, moved by Roalman /Reiss (4 -1, Councilwoman Pinard voting no) to accept the withdrawal of the appeal of the evnironmental determination by Charron O'Neill. Motion carried. Terry Simons, representing the subdividers, spoke in support of the applicant's request and reviewed the history of the project. Kurt Kuoioer urged against the proposal. Carla Sanders, Oakridge Drive, spoke against the proposal. Charron O'Neill, property owner, urged denial of the proposed subdivision. Emmons Blake, 634 Al -Hil Drive, spoke in opposition. James Merkle, 392 Pismo Street, opposed the proposal. Steve Hoffdav, spoke against the proposal. Felton Ferrini, 633 Al -Hil Drive, spoke against the proposal. Norman Lerner, property owner, spoke in support of the project. Terry Simons, clarified questions raised by some of the earlier speakers. Jim ward, 679 Johnson Avenue, supported the proposal. 1 Mayor Dunin declared the public hearing closed. Councilwoman Ram3a felt that the intent of the original subdivider was to have Ono City Council Minutes Page 4 Tuesday, December 5, 1989 - 7:00 p.m. left this lot intact. She felt that it was a significant landmark, and would not support the subdivision request. Councilman Roalman agreed. After dicsussion, moved by Ravva /Roalman (4 -1, Councilman Reiss voting no) Resolution No. 6729 was adopted (revised exhibit 8) to deny the tentative map for minor subdivision 89 -116 with additional findings as suggested by Councilwoman Rama. Motion carried. 9:00 p.m., Mayor Dunin declared a recess; 9:15 p.m., City Council reconvened, all Councilmembers present. 2. MARGARITA RIVIERA SPECIFIC PLAN (File No. 467) Council considered planning concepts and environmental review for the Margarita Expansion area, east of Margarita Avenue (SP 1404, GP /R 1403, continued from 1/31/89). Randy Rossi, Interim Community Development Director, reviewed the agenda report asking that Council give staff direction on the planning perameters and basic features of a specific plan, and scope of an environmental impact report. He provided a recap of staff's preferences which were 1) direct staff to continue to work on specific plan, in concert with the General Plan update, but as a lower priority than the General Plan update itself; 2) have staff prepare the draft specific plan, with technical help from consultants as needed; 3) include the Garcia Ranch area, at least schematically; 4) have staff determine whether the wet areas were "wetlands" requiring habitat protection or replacement, before refining the draft plan on which the EIR will be done; 5) endorse the attached planning principles which would a) avoid the hilltop houses, b) support the basic scheme of density and lot sizes, but with added height and floor area controls to assure modest dwellings and neighborhood compatability, c) make the area subject to whatever city -wide residential growth rate controls emerge from the General Plan update, d) extend walking and bicycle paths to the south, to connect with destinations in the airport area; study the feasibility of grade separation at Prado Road, e) provide a public street connection from Margarita Avenue to Prado Road (reflected in RRM's revised plan), f) have the area meet the affordable housing standards of the adopted Housing Element, or other standards which may emerge from the General Plan Update, and g) not make a water service exception for an early phase including affordable housing. He then showed a slide presentation of the project area. Mayor Dunin asked for public comment. T. Keith Gurnee, representing RRM, spoke in support of the project. Bob Kitamura, property owner in the Specific Plan, also spoke in support. 1 Eric Justesson, also a staff member with RRM, supported the Specific Plan. City Council Minutes Page 5 1 Tuesday, December 5, 1989 - 7:00 p.m. Terry Simons, representing the Garcia Ranch, which is adjacent to the project, stated that they were more than willing to work with the adjacent property owners, including providing a combined specific plan. Bob Ritamura, 3030 Johnson Avenue, again spoke on behalf of the property owner. Jim Merkle urged the Council not to go forward with this proposal, felt it was premature, given the water resource deficiency and environmental concerns. Roy Garcia explained why they had not participated in a Specific Plan, that it would have been a financial burden, and they would not have been able to participate for this many years without great financial difficulty. Andrew Merriam, although not associated with this project, discouraged Council from having staff be the lead in preparing the specific plan. He felt this would set a bad precedent for future specific plans. Roy Hanff was concerned about lack of water, sewer resources, density issues, and that this should not be exempted from the City growth controls. Richard de Blouah, 744 Alta Vista, and one of the property owners, spoke in support of the Council allowing the Specific Plan to go forward. Vic Montcomery clarified how the Airport Area Property Owners Assessment Districts had worked, and the lack of involvement by the Garcia Ranch. Dolly Garcia again explained that they had not participated in the assessment due to the high cost. Councilman Roalman felt it would be appropriate for this urban expansion for sometime in the future, but would prefer to wait unitl the General Plan Land Use Element was finished before going forward with it. He would like to set a target date and hoped that the EIR from the state regarding the State water Project would be available by that time, and the water issue more nearly resolved. Councilwoman Rama felt the city should let the Specific Plan go along the way it is, and if the City is not serious about its already adopted water and Wastewater Management Plans, then it should say so. Otherwise she saw no reason why the Specific Plan should not go ahead, as it wouldn't be able to be built without the water and wastewater issues being addressed anyway. She felt that a park is necessary to serve the entire area, that it was essential to look at school, police and fire impacts, address the need for a C -N area, which should be considered with the city's Growth Management Policy. She encouraged the dual use of retention and detention basins and felt that any information on air quality could be provided during the discussions of the Land Use Element as part of this project. Councilwoman Pinard felt that Council was leaving out the community's • A City Council Minutes Page 6 ' Tuesday, December 5, 1989 - 7:00 p.m. perception of what's going on in "the big picture ", and that the City needs to emphasize where our community requirements will be placed before specific plans go ahead. She questioned where the community's water storage and sewer needs will go; how recreational needs will be met and didn't feel it could be on 5 acre mini parks. She questioned the additional impacts on fire and police with new subdivisions, and how the area transit plan would provide access to the new areas; she felt the City should require better storage for water facilities, and work with the Housing Authority for low- income housing. The City had already exceeded its one percent growth rate. Councilman Reiss had no problem with starting the program now, felt the City should be planning for the future, rather than waiting for the future to catch up. There are housing deficiencies for the low- income. He had no problem with City staff being the lead in plan preparation. He would like to see a team approach and address the affordable housing issue. Councilman Roalman stated that if City was to support going ahead with the Specific Plan then he would like to consider looking at creek hydrology, because it will increase peak storm water diversion running off -site. He did not support development in the saddle area, would want a plan for solar alignment, street alignment to provide for bus routes and bike paths, look at the fiscal impact on the city, and have maximum pedestrian routes including pedestrian access thru Chumash Mobile Home Park. Councilwoman Rapp would like to be kept informed at least on a quarterly basis as to how the plan is progressing. Mayor Dunin felt that the planning is a continuous activity and that the city needs to plan for this growth even it it's going to be another seven to eight years through the phasing process. It is important that the County knows what the City is planning and doing. He wants the streets to go through and as much protection of agriculture land as possible. He had open space concerns and felt the City needs to develop, with the County, zoning that is consistent. He supported a larger park and felt the Garcia property had to be included as part of the Specific Plan. He would like to see the word "dwelling" defined. The mobilehome park is affordable housing, and he could be supportive of one in this area. He felt there needed to be a balance between jobs and housing to protect air quality. He supported the substituted page of recommended actions that were submitted by Keith Gurnee and hoped the Circulation Element, when it comes back, would be identifying alternative modes of transportation that would help here. Another issues to review would be airport noise. He supported periodic updates. He would prefer to let staff define what the team approach would be and come back to the Council. He could support a density transfer approach as well. After additional discussion, moved by Raooa /Dunin (3 -2, Councilmembers Roalman and Pinard voting no) to direct staff to continue to work on the Specific Plan with the applicant, and come back (tentatively scheduled for February, 1990) I on a team approach showing how it would work. Motion carried. J 1 1 City Council Minutes Tuesday, December 5, 1989 - 7:00 p.m. Page 7 Then moved by Dunin /Reiss (1 -4, Councilmembers Pinard, Rappa, Reiss and Roalman voting no) to direct staff to work with the developer and members of the Specific Plan group in developing the Specific Plan, and for staff not to take the lead. Motion failed. 3. FRENCH PARR IMPROVEMENT PROJECT (City Plan No. M -57Y) Due to the lateness of the hour and upon general consensus, the consideration of plans and specifications for "French Park Improvement Project - Phase I and Phase II ", City Plan No. M -57Y was continued to Tuesday, December 12, 1989 at 7:00 p.m. 4. LAGUNA LAKE PARR IMPROVEMENT PROJECT (City Plan No. N -59Y) Due to the lateness of the hour and upon general consensus by Council, consideration of plans and specifications for "Laguna Lake Park Improvement Project ", City Plan No. N -59Y, which includes playground expansion, stabilization of bands for canoes, windsurfing and day camp facilities, was continued to Tuesday, December 12, 1989 at 7:00 p.m. ----------------------------------- -------------------------------------- Comm. 1. Communication from County determining government office are allowed on South Broad at Tank Farm Road (outside City Limits) was referred to staff for response '=concern expressed that policy be consistent with City policy. Comm. 2. Councilmembers Rappa and Pinard appointed as League voting Delegate and alternate, respectively. 12:30 a.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday, December 11989 at 12:10 p.m. APPROVED BY COUNCIL: PV:nlo -------------- - - ---- Councilmembers 1/16/90 Voges, Ci M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, DECEMBER 11, 1989 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Present: Councilmembers Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Ron Dunin WAR Utm