HomeMy WebLinkAbout09/19/1978M I N U T E S
REGULAR.MEETING OF THE CITY COUNCIL
CITY.OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 19, 1978 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
Councilmen 1
PRESENT: Ron.Dunin, Jeff.Jorgensen, Steve Petterson, Allen Settle and
Mayor- Kenneth'E;__Schwartz.
ABSENT: None
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer;
Allen Grimes, City Attorney; Henry Engen,.Director.of Community
Development; Dan Smith, Senior Planner; Wayne Peterson, City Engineer;
Mike Park, Fire Marshal; Jim Stockton, Director of Parks and Recreation;
Charles Baldwin, Police Lieutenant; D.F. Romero, Director of Public
Services
1. The City Council held a public hearing on a petition (62 signers) appealing
a decision of..the.Planning Commission'not to require a complete environmental impact
report.for.Planned Development 0644,.Terrace Hill, a 91 residential unit subdivision
in the R =1 -SP zone. 'The petition read-as follows; "We,.the undersigned, wish to
appeal the decision of the Planning Commission relative to the Terrace Hill Plan
Development project made on August.16, 1978. After studying the plans.as submitted
by the developer, we believe.that.the size, complexity, and especially the geograph�
of the area logically.requires.a complete Environmental Impact.Review in order to
more fully.assess its benefits.as well as its.shortcomings.- We are concerned about
certain features of the proposed project and welcome the opportunity to discuss them
at a future public meeting."
Donald F. O'Connor and Elton L. Stimson.submitted a letter. of appeal to the City
Council appealing the decision not to require an.environmental impact report on
Terrace Hill.
Dan Smith, Senior Planner, reported to the City Council that on August 16, 1978,
the Planning Commission considered the appeal of four persons of the Environmental
Review Committee's determination to accept the expanded initial study prepared
by the planned development of Terrace Hill and granted a.negative declaration.
The Commission voted 6 -1to deny the.appeal. He.continued. that the.city's.EIR
guidelines specifically state that one of the purposes of an initial study is
"to.eliminate unnecessary.EIR's ". The.E.R.C., staff and.Planning Commission
was.satisfied with the expanded -initial.study,prepared.by the applicant. However,
the EIR guidelines also stated that where there was a substantial.body of opinion
that considered or would consider the effect to be adverse, then an EIR was to be
prepared. It was the staff and Planning Commission's position.that the City
Council should uphold the Planning Commission's decision and deny the appeal.
Mayor Schwartz declared the public hearing open and asked that everyone keep in
mind the -issue before the City Council that evening which.was.whether or not to 1
require a complete environmental impact report on the proposed project, not on
the benefit of the project itself.
E. Bongio, 2075 Sierra Way, stated he was a 29 year resident of the area, supported
a full EIR for the Terrace Hill project and felt that the land over the years had
been abused and the city and their' neighborhood were entitled to see the alterna-
tives for development. He feared continued landslides, floods, etc. He urged
the Council to require a full EIR so that the city could proceed with full knowledge
of the problems and methods of mitigating the problems for the neighborhood. He
was not opposed to the development but felt the EIR was needed to uncover all poten-
tial problems and solutions. His concerns were flooding, the density, parking,
street access, water for firefighting and water for domestic purposes. He felt
that a complete EIR study would answer these questions.
0
City Council Minutes
September 19, 1978
Page 2
Donald O'Connor, 1264 Rich-Court, also stated that he felt that.a full EIR was
needed for this project as the property-proposed to be developed had caused many
problems in the neighborhood, particularly flooding and erosion and drastically
increased when a large.portion of the hill had been excavated and the soil removed
to build the French Hospital Clinic. He felt that because of past mis- management
of the Terrace Hill by the city and the owners, those who, lived . adjacent to the
hill were determined that the present project receive thorough study needed to
assure that other similar problems did..not arise. He stated that the city planning
staff felt that the EIR was not - needed but in studying the plan for development, he
found that there were several areas that were covered inadequately or not covered
at all: 1) the method of handling the problems caused by the numerous faults and
springs on the hill; 2) specific solutions for problems caused by the added runoff
that much inevitably result.from covering large areas of hill with rainproof
surfaces such as roofs, roads, sidewalk, patios, etc; 3) In the.proposed plan,
some of.the problems were treated, with the only solution of those of the
developer which seemed that alternative solutions for these problems were
drainage, erosion, traffic, noise, sewage and water existence and should be
explored. He felt it was important that the public became aware of these
alternatives and discuss them. More detailed technical studies were needed.
4) Part of the plan concerned extension of Bishop Street. Long range city
plans envisioned an extention of this street.to link up with South Street yet
no references were.made as to. the impact of the extension upon the neighborhood,
particularly the new units should they be developed. 5) The visual impact of
this project was also a matter of concern. The developers design to have the
houses below the crest of the hills so that they were not visible from the
downtown area would be fine, however the visual impact of the project on the
community from the north and east had not been satisfactorily addressed; 6)
the plan envisoned.a 25 percent increase in traffic on Ella Street and an even
larger increase on Bishop.Street. The residents of this area would like to
see more.traffic mitigation measures. The intersection at Ella and Johnson
was already dangerous and there were.no plans to install a signal there or in
the foreseeable future. The Bishop Street signal was not barely adequate to
handle the flow of traffic onto.Johnson Avenue. Other solutions to the problem
' of the added.traffic flow.as.well.as the.attendant noise and.pollution it would
create, were needed. 7) The density in.certain parts of the development was
also a concern. There were 33 condominiums along William Street and only 21
houses on Sierra Way. Was this density appropriate given the geological and
.hydrological constraints? 8) Last, but not least, was the drainage problem itself.
It had been mentioned before but it was one of the major problems that must be
thoroughly addressed before any development was allowed to take place. The
problem was severe and ever present. A variety of viable options should be
presented for study.
On this basis, he encouraged the City Council to require a complete EIR-so-that
these problems and worries of the community could be looked into and mitigating
solutions be presented. He also submitted for the Council's information, a
number of large colored photos showing the present conditions and the erosion
and the problems on Terrace Hill.
Peter Guy, 1336 Cecelia Court, also urged the Council to require a full EIR
on this project.
Pete Evans, Ella Street, felt the city should require a full.ElR for this
property so that a full exposure of all the problems involved in this develop-
ment which include not only the flooding, traffic, etc. could be placed before
the public with.alternatives for the development.
' Mackey Deasy, representing the developer, reviewed briefly the initial- report
and development plan.for the Terrace Hill project, its characteristics and factors
which influenced the design. He stated the development plan was evolved from a
planning process sensitive to social, political and economic and.environmental
constraints. The project involved a change in zoning from.R -Land R -1 -SP to
R -1 -PD in order.to implement .a residential development sensitive to.the project
site. Major consideration affecting the development plan were offsite views,
wind exposure, geologic hazards and solar orientation conservation.. These con-
straints combined an attempt to preserve the visual integrity of.the land form,
all dedicated to the design process. He continued that the site included.all
of Terrace Hill proper and a small portion of vacant single family land adjacent
and immediately to the south. Four areas of development were proposed for a
City Council Minutes
September 19, 1978
Page 3
total of 91 units on the 40 acre site. Area.No.. 1 included 31 condominium units;
eight one - bedroom flats and.18 two- hdroom townhouses and.-seven 3- bedroom town-
houses. The total area of development for.Area No. 1 was approximately 3.7 acres.
Area No..2.included nine single family lots totalling approximately 1.6 acres.
Area No. 3 included.18 single family condominiums, both attached and detached
three bedroom units. The total area of-development for Area.No. 3 was approx-
imately 3.7 acres. Area No. 4 included .31_townhouse.condominium. units which were
all three bedroom. Area No. 4 included.approximately four.areas of development.
Total development area on the 40 acre project amounted to approximately 13.acres
with those 13.acres having a growth density of seven units per acre. After
review of his initial development.plan and initial study, he stated that he did
not feel there was any need for a full EIR at this.time_as he felt that the
initial study was a mini EIR and could be used for the.same study purposes. He
also felt no need for an EIR as the city had had many more meetings at which
property owners and citizens could be heard as the property was rezoned and as
the property was developed. He felt that at least six more hearings would be
held.for this purpose. He.agreed with staff that no EIR was.needed. He felt
..notes of the public feelings were groundless as they were matters which would
be exposed during the public hearings.on the planned development.and zoning changes.
Herb;.Rich Court, supported any development which he felt would be better
than the weed patch and he hoped the flooding that existed now would be controlled
with the new development.
Mayor Schwartz declared the public hearing closed.
Councilman Petterson stated.that although he agreed with the neighbors that
the property owner had never complied with the city conditions on prior
development plans, he felt the city process of six or more hearings would
allow for citizen input. He also felt that the-developer's initial study
was adequate for discussion purposes and would not benefit.to expand it into
an EIR. He would support thePlanning Commission's action and deny the appeal.
Councilman..Jorgensen stated . he, - ::..;, would.support the appeal,.felt.the EIR
1
was needed, felt the initial study was-self-serving for the developer and his
consultant but could understand the staff's acceptance of.the initial report
due to their close work with.the developer and his agents. He did not feel
that without an EIR, that the public's considerations could be brought.out for
this development. He.also felt that a discussion of alternative initial plans
were lacking and.alternatives.should be considered and analysed. He felt detailed
studies of water service-over-the 460' elevation should.be looked at intently. He
also felt that.drainage, flooding, etc. should be looked at with options and
alternatives and he felt that a full EIR on this development was needed.
Councilman.Settle felt that a full EIR was not needed. He-felt that the initial
study had been worked on by city staff and had worked with the developer, and
hoped that at.other hearings all the neighbor's problems, worries, etc. would
be solved. He.did not feel that any more data or different data would be
introduced if the full EIR was prepared. He felt thePlanning Commission,
staff, and ERC recommendations were adequate and that specific questions would
be answered at zoning hearings. He would deny the appeal.
Councilman Dunin stated that he did not feel that a full EIR was needed. He
agreed that were many concerns but he felt-that with the initial study and sub-
sequent hearings on zoning, these matters would be exposed and all possible
problems solved. He was quite concerned with drainage and flooding potential
if this development were to proceed and he was sure the Council would be very
careful at hearings to see that these concerns of the.neighborhood was protected.
He would support the Planning Commission and staff's recommendation.
Mayor Schwartz felt there were many problems in the development of Terrace Hill,
agreed that the property owner had not complied with past city directions. He
could support the Planning Commission and staff environmental impact committee
as he did not feel that an EIR was needed as there was no project before the city
at this time. Until such a time that a project was before the city, the initial
study would be satisfactory. He would deny and appeal and support the Planning
Commission.
City Council Minutes
September 19, 1978
Page 4
On motion of Councilman Settle, seconded by Councilman Petterson, that the
City Council .deny the appeal and.uphold.the,Planning Commission's findings
to grant a negative declaration. Motion carried, Councilman.Jorgensen voting
no.
2. The City Council-held a public hearing to consider a proposed rezoning
and development-plan for 49-townhouses on the north side of Los Osos Valley Road
between Oceanaire -Drive and the Prefumo Creek inlet. The rezoning requested
1 was from R -2 -S (medium density residential, special considerations) to R -2 -PD
(medium density residential, planned development). The Planning Commission
recommended a rezoning to R -2 -PD.
Dan Smith, Senior Planner,-presented the recommendation of-the Planning.Commission
to the City Council.that the City Council.rezone the property to R -2 -PD for 49
.condominium townhouses subject to nine conditions for development. The nine.
conditions were:
Mayor. Schwartz declared the public heating open.
Allen Grimes, City Attorney,..reported to the-Council-that Condition No. 9
.'.'Initial sale:of.condominium units by the developer shall be to "persons who
will occupy the unit.purchase" was illegal and would be unenforceable in the
courts in California and therefore stated that this condition should be
removed from the proposed conditions.
Andrew Merriam, representing the consultants Meyer, Merriam, Deasy &.Whinsant,
reviewed for the City Council the proposed development of 49 condominium town-
houses, methods of egress, parking, utilities, etc.
Jay Whisenant; Merriam, Deasy and Whisenant, then reviewed in detail other
portions of the project and.-he stated that they accepted all conditions of the
Planning Commission except No. 9 which they understood would be.unenfor_ceable
and hoped it would be removed from the planned development conditions.
Pete Evans, Ella Street, questioned some of the methods used by the City Council
in handling public hearings but stated that insofar as this project was concerned,
he. supported the Planning Commission and staff's Condition No. 9 which would
limit sales of residences to individual homeowners. He felt the overall develop-
ment plan proposed was dismal, did not give a good living environment,., felt the
density was too high, the buildings were too high and he hoped the Council would
require a reduction in the density of the track.
Mayor Schwartz declared the public hearing closed.
Councilman Settle stated he would support-the Planning. Commission's recommenda-
tion and also approve the deletion of-Condition No. 9 although he understood
the reason for.it being included. He did not like the density, design or the
access to the area but he could support the.Planning Commission's.recommendation.
1)
The project shall receive preliminary approval by the A.R.C.
2)
The applicant shall be given a.period of six months to file a tentative tract
map and 18 months to file precise-development plan for.city_ approval. Pre-
liminary development plan.approval shall become null.and.void after 18 months
if precise development-plan is not filed and approved.
3)
The applicant shall submit draft declaration of covenants, conditions.and
restrictions (CC &R's) and documents related to the creation of a homeowner's
.association at the time.of filing tentative tract map, for review..and..approval
by the Community Development Director and City Attorney.
5)
The private streets shall be improved to standards approved by the City
Engineer.
6)
All utilities shall be underground.
7)
Each unit shall have individually metered water service. Meters shall be
located adjacent.to private streets.
8)
Water-and sewer service to each'unit may be provided by extension of public
mains on private property. Mains shall be constructed to city standards
and.easements granted to the city subject to the approval of the City Engineer.
'
9)
Initial sale of condominium units by the developer shall be to persons who
will occupy the unit purchased.
Mayor. Schwartz declared the public heating open.
Allen Grimes, City Attorney,..reported to the-Council-that Condition No. 9
.'.'Initial sale:of.condominium units by the developer shall be to "persons who
will occupy the unit.purchase" was illegal and would be unenforceable in the
courts in California and therefore stated that this condition should be
removed from the proposed conditions.
Andrew Merriam, representing the consultants Meyer, Merriam, Deasy &.Whinsant,
reviewed for the City Council the proposed development of 49 condominium town-
houses, methods of egress, parking, utilities, etc.
Jay Whisenant; Merriam, Deasy and Whisenant, then reviewed in detail other
portions of the project and.-he stated that they accepted all conditions of the
Planning Commission except No. 9 which they understood would be.unenfor_ceable
and hoped it would be removed from the planned development conditions.
Pete Evans, Ella Street, questioned some of the methods used by the City Council
in handling public hearings but stated that insofar as this project was concerned,
he. supported the Planning Commission and staff's Condition No. 9 which would
limit sales of residences to individual homeowners. He felt the overall develop-
ment plan proposed was dismal, did not give a good living environment,., felt the
density was too high, the buildings were too high and he hoped the Council would
require a reduction in the density of the track.
Mayor Schwartz declared the public hearing closed.
Councilman Settle stated he would support-the Planning. Commission's recommenda-
tion and also approve the deletion of-Condition No. 9 although he understood
the reason for.it being included. He did not like the density, design or the
access to the area but he could support the.Planning Commission's.recommendation.
City Council Minutes
September 19, 1978
Page 5
Councilman Dunin stated that he agreed with the.recommendation of the Planning
Commission including Condition No. 9 but if it was illegal, it should be removed.
He hoped that the staff in the future would check on the legality of all condi-
tions before bringing them to the City Council. He was disappointed that the
City had not adopted criteria for condominium development but he could support
the recommendation on this particular development.
Councilman Petterson stated he would support the Planning Commission's
recommendations and would support-the exclusion of Condition No. 9.
Councilman Jorgensen stated he, too, could support the Planning Commission
recommendations, hoped the final elevations of Laguna Lake were finally
.arrived at and that the staff would not keep changing it, development by
development. He would support Condition No. 9, if legal, but would support
all of the other opinions of the City Council.
Mayor Schwartz stated he would support the Planning.Commission's recommenda-
tion, including the deletion of Condition No. 9, if truly were illegal.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the follow-
ing ordinance was introduced: Ordinance No. 779 (1978 Series), an.ordinance of
the City of San Luis Obispo amending the official zone map to rezone property at
1106 Oceanaire Drive including eight conditions.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
Mayor Schwartz called a recess at.9.:15.p.m. The meeting reconvened with all
Councilmen present at 9:25 p.m.
3. The City Council held a public hearing on the recommendation of the
Planning Commission to rezone property at 1326, 1334, 1336, 1370 Chorro Street
from R -4 (high density residential) to PO (professional office). The zone
change was initiated by the city to bring zoning into conformance with the
General Plan.
Henry Engen, Community Development Director, presented the recommendations of
the City Planning Commission urging the City Council rezone this property from
R -4 to P0.
Mayor Schwartz declared the public hearing open. No one appeared before the
City Council for or against the proposed rezoning. Mayor Schwartz.declared the
public hearing closed.
On motion of Councilman.Petterson, seconded by.Mayor Schwartz, the following
ordinance was introduced: Ordinance No. 780 (1978 Series), an ordinance of
the City of San Luis Obispo amending the official zone map of the city (to
rezone property at Chorro Street and Pismo Street, city initiated rezoning).
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
4. The City Council held a public hearing to consider the recommendation
of the Planning Commission to rezone property at 1408, 1410 and 1418 Broad Street
and 1421 - 1423 Garden Street from PO (professional office) to R -2 (medium- density
residential) zone. The zone change was initiated by the City of San Luis Obispo.
City Council Minutes
September 19, 1978
Page 6
Henry Engen, Community Development Director, presented the recommendation of
the City Planning Commission.which was.to.rezone 1408, 1410 and.1418 Broad Street
and 1421 - 1423 Garden Street from PO to R -2. He continued.that the adoption of
this amendment to the zoning map would: 1) change the zoning on two parcels on
Broad Street and one on Garden.Street between Pismo and Buchon from PO to R -2;
2) result in all lots fronting on both of these-streets between Pismo and Buchon
Streets being zoned residential. The purpose of these rezonings is to complete
residential zoning on both sides of the two streets to reflect the actual use of
the property and protect the residential neighborhood from encroachment by offices.
Mayor Schwartz declared the public hearing open.
Ms. Betty Zimmerman, 1421 -1423 Garden Street, appeared before the City Council
objecting to this rezoning stating that this property had always been zoned for
these uses. At no time had they ever asked the city to change their zoning and
they just wished to be left alone with their zoning which they hoped would not
change the value of their property.
Mrs. Carsel..opposed the rezoning as she felt the rezoning would cause the city
to go ahead to downgrade their properties of their neighbors to residential uses.
She felt it was unfair to take it out on the neighbors when their rezoning was
denied. "She felt Broad Street was a poor residential street and she felt this
rezoning was being.taken out-on the neighbors so that the Council could support
the old town group who seem to be larger politically.
Mr. Pinord, 1742 Buchon.Street., supported the rezoning, felt that this area
should be for all residential.uses which they were at the present time and
felt that land speculators would stop if the city were not constantly upzoning
property to increase its value. If they knew it would remain residential, they
would stop speculating.
Dean Zimmerman, 1421 - 1423 Garden Street, opposed the rezoning, felt it hurt
' his property and would devaluate its value. He stated he had lived there and
owned the property for 30 years and he asked nothing from the city but to be
left alone.
Mark Carsel, Attorney for himself.and Mrs. Chan, 1418 Broad Street, opposed the
rezoning as he-felt it consisted of a predetermined rezoning directed by the
Council to the Planning Commission and staff and now a perfunctory public hear-
ing was being held to down zone this to residential zoning. He stated that
there were no PO properties available for lease or sale within the city and
felt the Council-was being vindictive in this particular rezoning.
Richard Jacobs, 1526 Garden Street, supported the zoning, felt that no final
old buildings should be allowed.to change use to commercial or professional.
He felt the residential area should be protected in the city without any loss
of value. He felt the city should provide for office use in other parts of
the city.
Joe Rappa, 1435 Broad Street, supported the rezoning, felt the area should stay
residential, no business or professional allowed. He felt that a good residential
neighborhood would keep the value up and even increase in value.
Penny Rappa, 1435 Broad Street, supported the rezoning. stated she was delighted
with the City Council's action and would like to see them keep the entire area
residential.
' Jane L111y,.Design Review Board Chairperson and a resident of the area, asked
the Council to be very careful in their decision to in order to protect all the
neighbors in the area.
Mayor Schwartz declared the public hearing closed.
Councilman Petterson stated he would support the Council's decision on this
rezoning.
Councilman Jorgensen stated he would support the recommendation of the
Planning Commission and support the neighborhood's wish to preserve the
residential neighborhood.
City Council Minutes
September 19, 1978
Page 7
Councilman.Settle stated--he would support the rezoning.recommendation of
the Council.- He,felt the neighborhood residential uses should be supported.
He would approve R -2 zoning. He also would support the aim of the Old Town
Homeowners Association to keep their old homes viable.
Councilman Dunin stated he would support the R -2 zoning for property on Broad
Street and wondered why the property on Garden Street was included as that
was not discussed by the Council when they directed the Planning Commission
to change the zones on Broad Street.
Henry Engen stated it made the plan line neater as it would face R -2 on adjacent
streets.
Mayor Schwartz stated he would support the R -2 zoning for Broad Street..property
but questioned the change on Garden Street. He felt the direction did not come
out during the so- called Carsel rezoning. He felt that Garden Street was already
leading for office uses but no service for Garden Street.
On motion of Councilman Jorgensen, seconded by Councilman Settle, the follow -
ing.ordinance was introduced: Ordinance No. 781 (1978 Series), an ordinance of
the City of San Luis Obispo amending the official zone map of the city (to rezone
property at the 400 block of Broad Street, city initiated rezoning).
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson,.Settle and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Jorgensen, th_e city introduced an ordinance.to print
to rezone.property on the 1400 block of Garden Street.to R -2 zoning. Motion
died for lack of a second.
Mayor Schwartz directed the Planning Director to pass the City Council's action
on Garden Street back to the Planning Commission for their information.
S. At this time the City Council considered the final passage of
Ordinance No. 778 (1978 Series), an ordinance of the City of San Luis
Obispo providing for the granting of franchises for community antenna
television systems.in the city; providing terms and conditions for the
operation of such community antenna television systems and fees therefor;
and repealing Ordinances No. 244 and 288.
Mayor Schwartz declared._the public hearing open. No one appeared before
the.City Council for or against the final passage of the ordinance. Mayor
Schwartz declared the public hearing closed.
On motion-of Councilman Jorgensen, seconded by Councilman ..Petterson,_Ordinance
No. 778.was introduced for final passage. Finally passed on the following
roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
6. Wayne Peterson, City Engineer, presented a request from Crestline for
a grading permit to remove material from the Perfumo arm of Laguna Lake and
carry it to Tract 683 behind the Laguna Lake school property to the new sub-
division, No. Tract 683.
The staff recommended that they be authorized to issue a grading permit as soon
as plans and specifications have been approved by the City Engineer and subject
to the posting of appropriate bonds.
City Council Minutes
September 19, 1978
Page 8
Wayne Peterson, City Engineer, continued that the applicant was requesting
permission to remove.material from.the.Perfumo arm which must be done under
agreement with Fish and Game. Then the material would be moved across the
vacant.lots.of Tracts 465 to-be stockpiled within the new subdivision area.
The developer does not propose to encroach into the lake flood plain area
with any of the fill material-at this time. The work would be done under
a separate grading permit issued at the time of the final map. The Council
would be aware that the approval.for the applicant to stockpile materials
for indefinite period of time on the westerly city limits. He continued that
the'Community.Development staff had determined that this project was exempt
from further review under city.and state environmental regulations. Possible
impacts of the excavation were considered in the'EIR for Tract 465 and the
temporary stockpiling could be exempted as a minor temporary use having negli-
gible or no permanent effects on the environment.
Stan Bell, developer, appeared before the City Council stating that he agreed
with all the conditions established by the City Council.
On motion of Councilman Petterson, seconded by Councilman Dunin, that the City
Council approve the grading permit subject to a approval of the grading plan and
the necessary bonds as required by the city staff. Motion carried, Councilman
Jorgensen voting no.
7. The City.Council considered.a.recommendation of the Community Develop-
ment Department establishing fees for various planning services.
Henry Engen, Community Development Director, reviewed for the City Council, the
charges for planning applications that were established in 1975 and which he
felt were in need of updating to reflect increases in real costs and also estab-
lish fees for services approved and subject to charges, for example, annexation
requests, street abandonment requests; road name changes, certificate compliance
requests, etc. He then reviewed for the City Council, a draft resolution showing
the existing fees and the proposed fees for Council consideration.
Vic Montgomery, appeared.before the City Council, objecting to the $100 fee for
Board of Adjustment Hearings as he felt-that the type of applicants that would
go before the Board of Adjustment were very minor and this would limit anyone
going before the Board of Adjustments and the City would lose complete control
over this particular item. He urged a more reasonable fee.
Mike DeNeve appeared before the City Council questioning the so- called "cost
recovery plan" without an adopted cost accounting system and he felt that private
and public activities should be treated the same.
The City Council then discussed their feelings as to the recommended rates and
fees imposed.
Councilman Jorgensen felt-that the fee for the Board of Adjustment application
should be reduced to $50. He also felt that sign applications should be reduced
to $10 and.he felt there should be no charge for appeals.
Councilman..Settle stated he felt the Board of Adjustment fee should be $10
and the revision to acreage fee should be no charge, any appeals should be
no charge, sign appeals should be $5.
8. The City Council considered Draft No. 3 of a bill that direct the
Secretary of the Army to convey the Salinas.River Dam Proiect to the Countv
and a draft agreement ,between the County and the City relative to the proposed
transfer of the Salinas Dam River Project.as prepared by Robert.G. Mote, Utilities
Engineer for the City.
The City Council then discussed-the-pros
and cons of the.recommendations of
the staff and
Councilmen Jorgensen.and Settle.
.It was finally.determined by
consensus that
the home occupation fees
would
be $10, the Board of Adjustment
fees would be
$30, all appeals would be
$30,.reversion to acreage would be
$200 and sign
applications would be $10.
The
matter was then referred back to
the planning staff
for preparation of a
final
resolution for the Council's con-
sideration:
8. The City Council considered Draft No. 3 of a bill that direct the
Secretary of the Army to convey the Salinas.River Dam Proiect to the Countv
and a draft agreement ,between the County and the City relative to the proposed
transfer of the Salinas Dam River Project.as prepared by Robert.G. Mote, Utilities
Engineer for the City.
City Council Minutes
September 19, 1978
Page 9
Bob Mote stated that these documents had been reviewed at staff level only and
were now being_submitted.for' comments or other direction by the City Council.
He continued that_a draft of the proposed.operational.criteria as referred to
in Section 3 of the agreement had also been prepared and was.being reviewed by
staff and would be submitted to the City Council if they so desired. Copies of
these documents with any suggestions or revision would be returned to Fred Bold
and Bob.Edmonston, Special Water Consultants, for their further comments, after
which staff proposed to submit them to County personnel for their review and
then schedule a meeting to-iron out any difference which might remain. When
concurrence at staff level and with consultants was obtained, staff would propose
to submit the drafts of the bill and agreement to the Water Resource Advisory
Committee for their comment.to the City Council and Board of Supervisors for
their approval. Thereafter, it would.be forwarded to the Congressional Repre-
sentatives for introduction on.the floors of the House and Senate.
The City Council then reviewed.the two draft.-documents: 1) the bill, which would
direct the conveyance of the Salinas Dam River Project to the County Water District;
and 2) the agreement between the San Luis Obispo County Flood Control and Water
Conservation District-and the City of San Luis Obispo. After..review of the
principals involved by the City Council, staff was asked that in the.agreement
between the County Flood Control and Water Conservation District and the City,
in subparagraph 3 that the wording should be clarified to protect.the city
on expansion of their permit. Also subparagraph 4 should be written in
stronger language to protect the city's rights under their water permits.
Also a section to be added dealing-with the future license for the project.
Subparagraph 6 should be rewritten to change the wording in-line 2 that the
city may rather will eliminate as request by to participate with the district,
add the words "in the exchange of quantities" in line 3. In line 5, Council
questioned the use of the word "adverse, financial" and instead of "effect"
use "obligation ". -Subparagraph 10, change the word "will" or "may" to "shall ".
The sentence to read "This agreement shall not be assigned or transferred by
either party."
On motion of.Councilman Dunin, seconded by.Councilman.Petterson, the two draft.
,
reports as amended by the City Council at-this meeting were-.referred to the
consultants for concurrence or comment.
9. The City Council.considered the.-minutes of the July 17, 1978 meeting
of the Waterways Planning-Board, particularly the recommendation on the project
proposed at 555 Chorro Street (Dr. C. Baring Farmer property). The project was
adjacent to Stenner Creek and the design of future creek improvements to-accommo-
date 100 year storm was felt critical in this area. The action of the Waterways
Planning Board was as follows:
On motion of Ron Dunin, seconded by LaVerne Schneider, to require the applicant
to set back to a point 10' behind a.future vertical wall as determined by the
City Engineer in order to contain a 100 year flood. The finished floor of the
building shall be one foot.above the high water elevation.. The following reasons
were considered in the allowance of the vertical wall concept:
1. Hydraulic.continuity.
2. The fact that it was 'not a.highly visible site.
3. The developer was agreeable to the dedication of an easement for the
future creek widening.
The easement shall.include_a_.10' construction easement in favor of the city
behind this..future wall. Cantilever construction..would.be. allowed over the
easement, subject to approval of the City Engineer. The motion was unanimously
carried by all three members present.
On motion of Councilman Settle, seconded by Councilman Dunin, the minutes
of the Waterways Planning Board and their recommendation was ordered received
and filed. Motion carried, all ayes.
Henry Engen, Community Development Director, reviewed the.proposed..creekway
treatment for the Dr. Baring Farmer property on Chorro Street. He stated that
this property was a subject of much debate in determining appropriate zoning.
City Council Minutes
September 19, 1978
Page 10
The PO office zone was finally.established.as appropriate with the project being
proposed not requiring_.a..use permit. .However, it did involve_a policy determin-
ation with respect to_ appropriate crrekway treatment, i.e., the Waterways Planning
Board had recommended a- :vertical.:wall in lieu of natural slope at that location
on the east side:of.Stenner..Creek. It was the staff's position in support of
the --Waterways Planning -Board's-.recommendation.was appropriate for this specific
project-with. the. understanding -.that:natural'slopes, were still-generally desired
and:that favorable action -on.this project-should not-represent a precedent. He
continued that.in addition.to ERC and WWPB, the project was also considered by
the Architectural Review-Commission which granted it schematic approval subject
to Council.consideration of the wall concept. Approval of .a vertical wall solu-
tion was permissible under the.City's:1974 "Policies and Standards for Flood Plain
Management" as a•less desirable solution. This solution permits more intensive
development of the site and may result in a more costly city channelization project
in the future.
Jerry Kenny.;:Engineering Associate,-submitted-the following information on the
C: Baring Farmer-property. He stated the project bordered Stenner Creek which
was not adequate to contain 100 year frequency storm.- According to.information
received by the Army Corps of Engineers; the creek must be widened to.approximately
35 feet on the subject property. The widening was based on a 3 to 1 slope bank
which would be reduced if changed to a vertical wall design. The extent of the
reduction was being determined at this time and would be made available at the
Council meeting. The proposed development would be raised on piers to an eleva-
tion above the 100 year flood elevation of 199 feet which was in accord with
Federal Flood Insurance'requirements. The city's policy was to set back a maximum
of 20 feet from the top of the bank along major creeks, unless a determination
was made by:the WaterwaysrPlanning Board or..the:City Engineer that the development
would not interfere with the maintenance'or improvement of a creek utilizing the
base flood criteria.- The:Corps of Engineers was currently under contract
with the city to determine.the:.creek setbacks and the information submitted
by the Corps derived from that study.. The City Engineering staff felt that
that the setback requirement.:must be imposed based-on the _particular design
chosen "for this reach of Stenner Creek. The city was-not-imposing the require -
ment of channel improvement.,-.however the method chosen had a bearing-in-the cost
of--construction and:acquisition at.a:later date.: It might be logical to allow
for the minimum widening providing a:creek easement-was granted by the appli-
cant, thus allowing future - acquisition.costs to be applied to added construction
costs of a vertical wall in lieu of the 3 to 1 slope. The existing natural slope
on.the northwesterly side of the creek was substantially steeper than the proposed
3 to 1 on the opposite side.
The design of Stenner Creek improvements-to meet the 100 year storm capacity
would necessitate the replacement of the Chorro Street bridge and excavation
of the creek section under the Broad Street bridge. In their conclusion, it
was decided that the vertical wall was the only solution to this particular
problem.
Rob Strong, consultant.for Dr..Baring Farmer, reviewed the recommendations and
studies attempted by his office of those of the City of San Luis Obispo to make
this land useable and still stay within the approved guidelines. He stated it
was impossible to proceed with any development unless the City Council allowed
the vertical mall concept.
The City Council then discussed the-.implication of the staff's recommendation
And that of the Waterways-Planning.Board dealing with the acquisition of the
easements and.the' future costs of the -construction'of the walls vs. the purchase
of the entire parcel in.order..to.stay within the waterways guidelines. After
.lengthy discussion, it was.moved by Councilman Petterson; seconded by-Councilman
Dunin, that the matter be` continued to a study session as _soon as-possible so
that a staff report could-be-considered on: ..1)'land costs; and•2) wall costs;
and /or-3)alternatives. Motion carried, Councilman Settle voting no.
As far as membership to the Waterways Planning Board, the City Council directed
the Planning Commission to appoint one additional member and at the'October 3,
1978 Council meeting, the City Council would discuss the appointment of one public
member to the Commission.
City Council Minutes
September 19, 1978
Page 11
10. Henry Engen,.Community.Development Director, stated that'on March 7,
1978, the City Council requested the-Design Review Board to look into and
recommend standards.and requirements.'for construction of sound attenuation
walls and that the-staff and DRB were now prepared to present these recommend -
ations to the-Council. The DRB stated that walls and their relationship to
street and sidewalk space influenced the appearance and safety of public areas
as well as the livability of adjacent private areas. While walls make develop-
ment more attractive for potential-residents, they were.an: added cost to the
developer and space required.for.walls and setbacks.reduced buildable area.
Maintenance of.walls and setback landscaping may be the responsibility of: l)
individual owners of abutting property; 2) owners association; or 3) the city.
The placement of-walls must-acknowledge growth requirements of trees, location
of underground utilities, and pedestrians' and drivers' perceptions. A unifform
design would not fit all situations. Therefore, the DRB recommended the follow-
ing standards be adopted by the city:
1) Walls should be set.back_a_ minimum of four feet from the back.of the-sidewalk.
2) There should be some variation in the-setback-along each wall, some .sections
closer and some farther away.
3) The minimum height should.be six feet except in areas.required for inter-
section visability, where the maximum height should be three feet.
4) Materials may vary from project to project.
5) The space between the sidewalk and wall should be generously landscaped.
6) The space between the wall.and the sidewalk should be maintained by the city.
Henry Engen, presented a report by Glen Matteson, Planning Assistant, a.lengthy
report on design standards for sound attentuation walls and stated the Community
Development Department offered the following comments and suggestions on standards
for walls and hoped the City Council would endorse the standards based on the
recommendations which would then require that a resolution be prepared by the
City Council to be adopted and handled as counter handouts.
D.F. Romero, Public Services Director, wished the Council recognize that the
addition of changes suggested by the.Community.Development Department on walls
that the city would be accepting a never ending maintenance burden.calling for .
a very non- efficient.use of manpower as more and more of these narrow strips were
developed along major streets of the community. He felt that additional personnel
would ultimately have to be hired to take care of these problems.
On motion of Mayor Schwartz, seconded by Councilman Settle, that-the report
of the Community Development Department with suggestions for standards for
sound attenuation walls be referred back to that department to redo the sketches
using a more immaginative and flexible approach rather than those shown. Motion
carried, all ayes.
11. The City Council considered a request from the California Cooperage on
Industrial Way outside the City.of San Luis Obispo for a water main extension
serve their establishment with fire protection.
to
Wayne Peterson, City Engineer, stated that the request was for permission to
extend a city water main in Industrial .Way between Sacramento Drive and a point
approximately 450 feet westerly. This main would provide necessary fire flow
for a new manufacturing complex on Industrial Way. California Cooperage lies
just outside the city limits and extension of mains requires Council approval.
The.developer did not wish to have any connections to the main. He stated he
had solicited responses from the various staff members and they generally felt
that the following should be incorporated into any requirements for such proposal:
1). Require extension of and..dedication.to the city.of a 12 -inch diameter main
within Industrial Way, between Sacramento Drive and Broad Street, tieing
in at both ends and providing a looped water system. This would be beneficial
to the city by providing greater reliability. Provide fire hydrants to
satisfaction of the Fire Department.
2) No.domestic.use or other tie ins would.be allowed.
1
1
City Council Minutes
September 19, 1978
Page 12
Councilman Jorgensen stated that he.was opposed to the further extension of any
water for fire protection or.other purpose outisde the city as it would only
encourage the County to grant more.permits.to develop more properties within
the city's sphere of influence over which they had no control. He felt that
this was just another way of allowing urban sprawl without the normal regular
annexation procedures. He would oppose any extension of water services.
John King, developer for.the California Cooperage, stated he-objected to the
' staff - proposal"due-to':the:cost.involved ; in extending:a 12- inch.water main from
Sacramento Drive to Broad Street over 1500 feet when all they needed was a main
in front of their property of 450 feet. He felt that the cost of the-1500 foot
main would almost equate the:cost of placing the tanks necessary for water as
required by.the County. He hoped..the City Council would reconsider as they were
not requesting water for domestic purposes., but only for emergency fire protection
purposes.
L JIB
1
On motion of Councilman Dunin,_seconded by Councilman Settle, that the City
Council accept the recommendation of thecity staff and require.the installa-
tion of the 12 -inch main between Sacramento Drive and Broad Street on Industrial
Way. Motion carried, Councilman Jorgensen voting no.
12. On motion.of Councilman Settle, - seconded by Councilman Petterson, the
plans'and specifications for "STREET IMPROVEMENT PROJECT ", City Plan No. C -09,
bid estimate including -13% contingencies, $351,225.00. This would be the street
improvement project approved on the priority list by the City Council during the
1978 -1979 fiscal year. Also, staff would be authorized to go to bid. Motion
.carried, Councilman Dunin voting no.
CONSENT ITEMS
C -1 On motion of.Councilman Jorgensen, seconded by Councilman Settle, claims
against the city for the month of September, 1978 were approved subject to the
approval.of the Administrative-Officer. Motion carried.
C -2 Request to lease city -owned lot .adjacent to Fire Station No. 3 was with-
drawn by the applicant Vidar. :.
C -3 On motion of Councilman Jorgensen,..second_ed by Councilman Settle, the
following resolution was introduced: Resolution No. 3673 (1978 Series), a
resolution of the Council of the City of San Luis Obispo granting final approval
of Parcel Map SLO 78 -37, located at 251 Margarita and 3285 South Higuera Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor.Schwartz
NOES: None
ABSENT: None
C -4 On motion of Councilman Jorgensen, seconded by Councilman:Settle, the
following resolution was introduced: Resolution No. 3674 .(1978 Series), a
resolution of the City Council preliminarily determining the certain trees
constitute dangerous obstructions to stream flow in the City of San Luis Obispo.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
C -5 On motion of Councilman Jorgensen, seconded by Councilman Settle, the
following resolution was introduced: Resolution No. 3675 (1978 Series), a
resolution making year end adjustments in the 1977 -78 budget authorizing coverage
of departmental object account and line item budget overdrafts on a blanket basis
and making transfers among various funds to comply with statutory requirements,
covenants with bond holders and for other purposes.
City`Council Minutes
September 19, 1978
Page 13 -
Passe&-and-adopted on the following roll call vote:
AYES: Councilmen Dunin,.Jorgensen, Petterson, Settle. and Mayor,Schwartz
NOES: None
ABSENT: None
C -6 On motion.of.Councilman_ Jorgensen ,._;,seconded- by,Councilman Settle;. -the
following resolution was introduced:.. Resolution No.•3676.(1978 Series),.a
resolution-of the Council-of tke City of:San Luis Obispo authorizing.the appro-
priation-of funds-:received under• the.Federal.Antirecession.Act..
Passed and:adopted on the-:following roll call vote: .
AYES: Councilmen Dunin, Jorgensen, Petterson,.Settle and Mayor Schwartz
NOES: None.
ABSENT: None
C -7 - -On-motion of-:Councilman-.Jorgensen, sec onded.by.Councilman Settle, the
following resolution.was introduced: Resolution•No. 3677;(1978 Series), a
resolution of the Council of the City of.Saiim:Luis Obispo increasing-the general
fund appropriation for the 1978- 79-fiscal year (IBM Copier for Police Department).
Passed and adopted on the following roll call.vote:.
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None-
ABSENT: None
C -8 On motion of Councilman Jorgensen,::_seconded by-Councilman Settle, the
following resolution was introduced: Resolution No. 3678 (1978. Series)., a
resolution of the Council of the City of San Luis Obispo increasing sales tax
(SB 325) fund appropriations.for the-.1978-,7 9,fiscal year. ..
Passed and-adopted on the following roll vote:
AYES: Councilmen Dunin, Jorgensen,.Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
1
1
B -1 The City Clerk reported on the following bids received for "FIRE DEPARTMENT
AIR COMPRESSOR STATION ", bids opened Tuesday, September 5, 1978 at 10:00 a.m.:
1.. Halprin Supply Company BID PRICE
3804 S. Broadway Place LESS TRADE
Los Angeles, CA 90037 NET
ALTERNATE BID PRICE
LESS TRADE
NET
* 6% Sales Tax not included
F.O.B. San Luis Obispo
2. American Bristol Ind. Inc.
1600 W. 240th Street
Harbor City, CA
$15,810.00*
- 2,820.00
$12,990.00
$17,190.00*
- 2,820.00
$14,370.00
QUOTATION NO. 1 BID PRICE $18,8.25.9.8 **
LESS TRADE - 1,950:00
NET $16,875.98
City Council Minutes
September 19, 1978
Page 14
On motion of.Councilman Settle, seconded-by Councilman Dunin, the.City Council
accept the recommendation of the Fire Chief and order the bid awarded to
Halprin Supply Company in the amount of $14,965.80. Motion carried.
There being no further business.to.come before the meeting, Mayor Schwartz
adjourned the meeting at 12:30 a.m. to Monday,.October 2, 1978 at.12:10 p.m.
APPROVED: November 8, 1978 ,
- ifz pia trick, City Clerk
------------- - - - - -- -------------------------------------------------------
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, OCTOBER 2, 1978 - 12:10 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
STUDY SESSION
Roll Call
Councilmen
PRESENT: Ron Dunin, Jeff Jorgensen, Allen Settle, and Mayor Kenneth Schwartz
ABSENT: Steve Petterson
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney;
Leland Walton, Administrative Officer; R.D. Miller, Administrative
Officer; Henry Engen, Director of Community Development;
Wayne Peterson, City Engineer; Dave Romero, Director of Public
Services; Robert Mote, Utilities Engineer; Terry Sanville, Senior
Planner; Jon Ecklund, Architectural Review Commission.
County Staff
PRESENT: _Clint Milne and Van Laurn of the County's Engineering Department
1. Mayor Schwartz introduced Clint Milne, Hydraulic Engineer for the
County of San Luis Obispo, who would review the state water and coastal aqueduct
as is being presented to the public at this time.
Clint Milne then presented a brief overview of the State Water Plan as it effects
the Counties of San Luis Obispo and Santa Barbara and its incorporated cities.
He explained the complex contractural arrangements between San Luis Obispo County
and Santa Barbara County, who are partners in the coastal branch of the State
Water Plan. He explained that the Counties of San Luis Obispo have scheduled
QUOTATION NO. 2
BID PRICE
$19,965.48 **
.LESS TRADE
- 12950.00
NET
$18,015.48
QUOTATION NO. 3
BID PRICE
$22,901.68 **
F
LESS TRADE
- 1,950.00
NET
$209951.68
**
6% Sales Tax Included
s
F.O.B. San Luis Obispo
Richard Minor, Fire Chief, stated
that after comparison of the bids received,
he
would recommend that the bid of
Halprin Supply
Company in the total amount
of
$14,965.80 be accepted as the American Bristol
Industries bid did not meet
the
conditions and specifications.
On motion of.Councilman Settle, seconded-by Councilman Dunin, the.City Council
accept the recommendation of the Fire Chief and order the bid awarded to
Halprin Supply Company in the amount of $14,965.80. Motion carried.
There being no further business.to.come before the meeting, Mayor Schwartz
adjourned the meeting at 12:30 a.m. to Monday,.October 2, 1978 at.12:10 p.m.
APPROVED: November 8, 1978 ,
- ifz pia trick, City Clerk
------------- - - - - -- -------------------------------------------------------
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, OCTOBER 2, 1978 - 12:10 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
STUDY SESSION
Roll Call
Councilmen
PRESENT: Ron Dunin, Jeff Jorgensen, Allen Settle, and Mayor Kenneth Schwartz
ABSENT: Steve Petterson
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney;
Leland Walton, Administrative Officer; R.D. Miller, Administrative
Officer; Henry Engen, Director of Community Development;
Wayne Peterson, City Engineer; Dave Romero, Director of Public
Services; Robert Mote, Utilities Engineer; Terry Sanville, Senior
Planner; Jon Ecklund, Architectural Review Commission.
County Staff
PRESENT: _Clint Milne and Van Laurn of the County's Engineering Department
1. Mayor Schwartz introduced Clint Milne, Hydraulic Engineer for the
County of San Luis Obispo, who would review the state water and coastal aqueduct
as is being presented to the public at this time.
Clint Milne then presented a brief overview of the State Water Plan as it effects
the Counties of San Luis Obispo and Santa Barbara and its incorporated cities.
He explained the complex contractural arrangements between San Luis Obispo County
and Santa Barbara County, who are partners in the coastal branch of the State
Water Plan. He explained that the Counties of San Luis Obispo have scheduled