HomeMy WebLinkAbout09/04/1979City Council Minutes
August 21, 1979 - 7:30 p.m.
Page 6
By common consent of the council, Mr. Thacher, City Attorney, was asked to
work with the Human Relations Commission.
A. There being no further business
Mayor Cooper adjourned the meeting at 9
4:00 p.m., September 4; 1979.
to-come before the City Council,
45 p.m., August 21, 1979, to
APPROVED BY COUNCIL ON: 10/16/79
. Fitzpatrick, City Clerk
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M I N U T E S
ADJOURNED.MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 4, 1979 - 4:00 P.M.
COUNCIL CHAMBERS,.CITY HALL
990 PALM STREET, SAN LUIS OBISPO
Roll Call
Councilmembers
PRESENT: Melanie Billig, Ron Dunin, and Jeff Jorgensen
ABSENT: Councilman Bond and Mayor Lynn R. Cooper
City Staff
PRESENT: Leland Walton, City Administrative Officer; George Thacher,
City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen,
Community Development Director; Terry Sanville, Senior Planner;
Wayne Peterson, City Engineer; Roger Neuman, Police Chief;
D.F. Romero, Public Services Director.
1. The subcommittee of Lee Walton, City Administrative Officer, and
William Neuman, Superintendant of Unified Coastal School District, recom-
mended the appoint of the following persons to the City School District
Joint Committee to replace members who had resigned.
Joann Levin
Ken Rodman
Robert Zazueta
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the
appointments were approved on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
2. Terry Sanville, Senior Planner, reviewed for the City Council the
draft of the County Land Use Element. He stated that last year the Planning
Commission and City Council reviewed a preliminary copy of the county's
land use element. At that time, recommendations were sent to the county for
their information. The county staff has now completed the final draft of the
land use element. It will go to public hearing before the County Planning
Commission on September 6, 1979. The city staff has studied the draft
element and prepared a series of recommendations in an attempt to resolve
differences between the city and county plans. He continued that in general
the staff felt the county plan supports the city's adopted 1977 General Plan.
However, there are a few issues that need to be recognized. They recommend
the council should forward their recommendations to the County Planning Com-
mission and Board of Supervisors.
City Council Minutes
September 4;:1979 - 4.:00 p.m.
Page 2
Terry Sanville then reviewed the eight items of dispute between the city and
the county.
1. Page 10, paragraph 5
Subject: Western Access Route (Highway 1 Bypass)
County statement: "In order to improve the connection between '
Highway 101 and Highway 1 a moderate speed rural highway should be
constructed between the Marsh Street /101 interchange and Highway 1
at Cuesta College."
City response: The city has historically opposed the construction
of the Highway 1 Bypass. The city continues to oppose the project.
However, the city notes that the land use element of the county
states that Santa Rosa Street would have "precedence" over the
the western access route project. The staff supports the priority
given the Santa Rosa Street project by the plan. The staff recom-
mends that the county delete the western access route proposal from
their land use element. Staff recommendation approved on a 3/0 vote.
2. Page 11, paragraph 5
Subject: Improvements to Prefumo Canyon Road
County statement: "Prefumo Canyon Road - Develop as a rural collector
to link with San Luis Bay Drive."
City response: Prefumo Canyon Road
major improvements are needed since
and serve only limited development.
Prefumo Canyon-Road be designated as
improvements should be made. Staff
3/0 vote.
3. Page 21, paragraph 2
should remain a rural route. No
it will carry little traffic
The staff recommended that the
a rural local road. No major
recommendation approved on a
Subject: Rural Residential Development East of Bear Valley Subdivision
County statement: "This type of development (residential rural)
would be appropriate on adjacent lands extending east from Bear
Valley to the city limits."
City response: The area southeast of Bear Valley is beyond the city's
urban reserve limit. The city's general plan discourages scattered
residential developments in this area. Some other land use designa-
tion which would encourage housing at densities greater than one
unit per 20 -40 acres should be applied. Any future development in
this area should use topography and existing vegetation to screen
housing and reduce visual impacts. Flatlands should be reserved for
agriculture. The staff recommended that this area be designated
for "rural lands ". Staff recommendation approved on a 3/0 vote.
4. Page 25, paragraph 3, and page 29, paragraph 4
I
Subject: Cal Poly Housing West of Highway 1
County statement: "However, the university does own property west 1
of Highway 1 that could be considered for future development."
City response: More student housing should be encouraged on the
land owned by Cal Poly at the corner of Grand and Slack Streets.
In general, more housing should be built within the existing urban
portions of the campus rather than on isolated portions of Poly
land west of the freeway. The staff recommended that Cal Poly
defer development of student housing west of the freeway until the
existing urban portions of the campus have been developed. Staff
recommendations approved on a 3/0 vote.
City Council Minutes
September 4, 1979 - 4:00 p.m.
Page 3
5. Page 29, paragraph 3
Subject: Development of the Goldtree Tract Area
County statement: "For the Goldtree Vineyard Tract: Initiate a
joint city /county annexation study of the urban reserve area to
accommodate a resubdivision of the properties and provide urban
services."
City.response: The resubdivision of lots in this area is a good
idea. However, even if the area is annexed, it is above the
elevation that the city can provide reliable water service. Rather
than pursue annexation, any development in this area should occur
in the flatter areas (less than 30% slope) adjacent to the city.
These areas can gain access from Alrita Drive and can be reached
more easily by both city and county emergency vehicles. The City
Planning Commission is currently studying alternatives to annexa-
tion which could permit clustering and the county has required a
focused EIR on a project in this area. The staff recommended that
they be allowed to continue to require joint resubdivision study
between the city and county but to delete reference to annexation
and provision of city services. The City Council approved the
staff's recommendation on a 3/0 vote.
6. Page 30, paragraph 3
Subject: Housing Development North of Sequoia Lane
County statement: "For the area north of Sequoia Lane: Submit a
site plan with architectural elevations; undeveloped areas are to
be left in open space by easement or deed restrictions."
' City response: Any housing in this area should be built on the
lower elevations close to the unnamed alley east of Sequoia Lane.
Isolated home sites at higher elevations (generally above the 500
foot elevation) should be prohibited. The staff recommended that
the policy statement be changed to read, "Submit a site plan with
architectural elevations; areas above the 500' elevation will remain
undeveloped and be left in open space by easement or deed restriction."
The staff recommendation was approved on 3/0 vote.
7. Page 34, paragraph 3
Subject: Number of Employees Allowed in Rural Industrial Areas
County statement: "The maximum of 25 employees is permitted for
each property under contiguous ownership."
City response: Applying this provision could lead to a wide range
of employee densities. It doesn't really address the key concern
of overloading on -site sewer and water systems by promoting employee
intensive uses. An employee density standard should be used instead,
consistent with both the county's 211 acre minimum size for septic
system /well site and the city's general plan. The staff recommended
that the policy statement be changed to read, "In rural industrial
areas, no more than 3 employees per acre will be permitted. This
density factor must be met on all parcels considered as part of
future subdivisions or parcel maps." The staff recommendation was
approved on a 3/0 vote.
8. Page 34, paragraphs 4 and 5
Subject: Development in-Rural Industrial Areas
County statement: "The remaining area has a minimum parcel size
of 20 acres unless an industrial specific plan is approved.
"5. Submit a development.plan application for review and approval
of land divisions of less than 20 acres within the designated 20-
acre minimum parcel size area in figure 3."
City Council Minutes
September 4, 1979 - 4:00 p.m.
Page 4
City response: The development strategy expressed in this section
is unclear. It seems that parcel size of 20 acres or less in
certain areas will not be.allowed until an "Industrial Specific Plan"
is prepared. The plan goes on to state that development plans can
be submitted for parcels.of less than 20 acres within the same area.
This appears to be contradictory. The staff supported the idea of
preparing an industrial specific .plan prior to any further subdivi-
sion of the "20- acre" area. The city staff would be available to
assist the county in this effort. Any development plans should be
submitted only after the proposed specific plan is adopted. The
staff recommended that the Land Use Element should state that "A
specific plan shall be prepared for portions of the "rural industrial"
area where minimum parcel size is 20 acres. The city and county
would'be responsible for preparing the specific plan. The plan must
be adopted by the county before further subdivision of land in this
area is allowed." The staff recommendation was approved by the City
Council on a 3/0 vote.
Councilman Jorgensen asked that the staff recommendations should cross referen-
ced to other similar circumstances shown in the county's Land.Use Element.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that
the vice -mayor be authorized to submit a letter to the County Board of
Supervisors and Planning Commission bringing the areas of difference to their
attention as amended this evening with the two additions of Edna /Islay and
Prado Road.
Motion carried on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT: Councilmember Bond and Mayor Cooper
Don Smith appeared before the council objecting to a number of items presented
in the county's Land Use Element, particularly the figuers used in the plan
on population and on absorption rate. He stated that various parts did not
agree. He also felt the population projections were in error. He then
reviewed some of the figures which, in his opinion, had been presented
erroneously. He further stated that there were many typographical errors
in the figures and in the text. He asked the City Council to request the
staff to get these corrected before adoption by the council.
Councilman Jorgensen stated that he was concerned with the principle of
the county adopting a land use element without having seen the land use
ordinance. He felt it was difficult to make reasonable decisions. He
was also concerned with the figures used by the county throughout the
report. A number of discrepancies had been brought out in the study. He
also questioned the resource management section which was lacking such
items as air quality, flood control, public transportation, recreation,
etc. He felt there was a need to prioritize the development of the collec-
tive streets. He felt there was a lack of protection to the scenic highway
involving billboards, etc. He gave as an example the instances on Cuesta
Highway with its proliferation of billboards.
1
Councilwoman Billig felt the county needed clarification on circulation,
particularly on collective streets, but with also the lack of emphasis on '
county -wide transportation. She also felt that the resource management
section was wholy inadequate for this county. She felt the city staff had
picked out the key questions in the L.U.E. for consideration.
Vice -Mayor Dunin stated that he.agreed.with the staff recommendations and
the council's comments. He felt that not enough time was allowed for
individual study for comment prior to the county hearings. He also felt
that too little emphasis was placed on.flood.control.and. billboard control
on the highways. He felt that bikeways should be connected through the
area in order to be used.
City Council Minutes
September 4, 1979 - 4:00 p.m.
Page 5
3. At this time the City Council considered the step three grant for
the application for .the-Wastewater Treatment Plant which would authorize
the Public Services Director to make the necessary application for continu-
ation of consideration of.the improvements to the Wastewater Treatment Plant.
The City Council discussed some of the implications of accepting this grant
and on motion of Councilman Jorgensen, seconded by Councilwoman Billig, the
' matter was continued to study by the City Council with a status report on
the sewer grant and the conditions of the grant as it applied to the City
of San Luis Obispo and the surrounding areas.
Motion carried on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
4. At this time the City Council considered a recommendation for the
first quarter priority listing of the $20,000 Water Program.
Robert Mote, Utility Engineer, stated that the project being recommended as
the number one project consists of the construction of an eight inch main
in Islay Street (replacing an existing four inch main) which would permit
the installation of a fire hydrant required for the construction of the
apartment and three -car garage structure at 457 Islay Street, the subject
of a recent 605 -A determination. He concluded his comments by saying that
the fire protection to the entire neighborhood would benefit considerably
from the project.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the
' City Council approved the recommendation.of a water utility for the expen-
diture of the first quarter's $20,000 with an additional $2,200 to come
from the deficiency correction program if necessary.
Motion carried on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
CONSENT ITEMS
C -1. On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
claims against the city for the month of September, 1979, were approved
and ordered paid subject to the approval of the Administrative Officer.
Motion carried.
C -2 On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
minutes of the following council meetings were approved as corrected:
July 10, 1979 - 7:30 p.m.
July 16, 1979 - 12:10 p.m.
July 17, 1979 - 4:00 p.m.
C -3. On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
contract pay estimates and change orders were approved and ordered paid.
Motion carried.
C -4. On motion of Councilman.Jorgensen, seconded by Councilwoman Billig,
the request for a proclamation to declare September 16, 1979 "Ken Schwartz
Da+" was approved. Motion carried.
City Council Minutes
September 4, 1979 - 4:00 p.m.
Page 6
C -5. Request from the Vineyard Christian Fellowship asking the City Council
to waive the 10% fee.on gross..receipts_from.proceeds of their "Harvest Arts
Festival" to be held on October 12 and 13, 1979, at Santa Rosa Park was
denied on motion of Councilwoman Billig, seconded by Councilman Jorgensen
and the city staff was directed that in the future, all applicants using
public facilities be informed that no waiver of fees be granted for use of
city facilities. Motion carried.
C -6. On motion of Councilman Jorgensen, seconded-by Councilwoman Billig,
the following resolution was introduced: Resolution No. 3948 (1979 Series),
a resolution of the Council of the City of San Luis Obispo establishing an
all -day senior citizens reduced rate for riding the San Luis Obispo Transit
System buses was passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
C -7. On motion of Councilman Jorgensen., seconded by Councilwoman Billig,
the following ordinance was introduced: Ordinance No. 815 (1979 Series), an
ordinance of the City of San Luis Obispo amending Section 8400.1 of the San
Luis Obispo Municipal Code.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT- _Councilman Bond and Mayor.Cooper
C -8. On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
the City Council directed the city staff to initiate a zoning amendment
to PF for the proposed corporation yard site on Higuera Street. Motion
carried.
C -9. On motion of Councilwoman Billig, seconded by Councilman Jorgensen,
the request for approval of improvements at Villa d'Laurel was referred to
the proper staff for study and recommendation that all conditions of the
subdivision agreement had been met. Motion carried.
The city staff was directed that in the future this type of item not be
placed on the agenda at the request point but that they be placed after
all the inspection had been completed and the improvements can be accepted
by the council.
At 5:30 p.m., Vice -Mayor Dunin called a recess.
At 5:45 p.m.., Vice -Mayor Dunin reconvened the meeting.
BID ITEMS
B -1. The City Clerk reported on bids received for the Los Osos Valley
Road Resurfacing, Madonna Road to Prefumo Canyon Road, City Plan No. C -24.
Engineer's Estimate: $83,460.00
M.J. Hermreck Inc.
P.O. Box 217
Nipomo, CA 93444
Melcher Const. Co.
1415 Smith Court
San Luis Obispo, CA
$79,978.00
$83,765.50
1
1
1
1
1
1
R. Burke Corp.
P.O. Box 957
San Luis Obispo, CA
Sully - Miller Contracting Co.
311 Front Street
Grover City, CA
A.J. Diani Const. Co. Inc.
P.O. Box 636
Santa Maria, CA 93454
City Council Minutes
September 4, 1979 - 4:00 p.m.
Page 7
$90,237.00
$96,785.75
$103,265.00
On motion of Councilman Jorgensen, seconded by Councilwoman-Billig, the
following resolution was introduced: Resolution No. 3949 (1979 Series),
a resolution of the Council of the City of San.Luis Obispo accepting the
bid of M.J. Hermreck Inc. and awarding them the contract.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
B -2. The City Clerk reported on the bids received for the Swazey Street
Waterline, City Plan No. D -04.
Engineer's Estimate: $17,578.00
Fred Julien & Assoc. $14,805.00
4725 Santa Fe Rd.
San Luis Obispo, CA
Melcher Const. Co. $16,990.00
1415 Smith Court
San Luis Obispo, CA
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 3950 (1979 Series),
a resolution of the Council of the City of San Luis Obispo accepting the
bid of Fred Julien & Assoc. and awarding them the contract.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, and Vice -Mayor Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
E -1. At this time, Henry Engen, Community Development Director, submitted
for the council's consideration, the final map of Tract 798, The Village ".
The final map had been reviewed by the Community Development Department; the
bond in the amount of $90,000 which was required to guarantee installation
of subdivision improvements had not yet been received at that time. All
other conditions had been met. In addition to the Tract No. 798 requirements,
the agreement covers bonding for the completion of Tract No. 736 improvements
not yet completed. They recommend that the final map be approved and the
Vice -Mayor be authorized to sign the agreement upon the filing of the
necessary bonds. This request was being done at that time as an emergency
item in order to get the construction started prior to the anticipated
rains.
Henry Engen suggested that the City Council approve all the subdivision
agreement conditions but that approval would be void as of noon, Friday,
September 7, 1979, if the bond is not received and approved by the City
Attorney.
City Council Minutes
September 4, 1979 - 4:00 p.m.
Page 8
Rob Strong, representing Gann Investments, agreed with the conditions placed
by the Community Development Director.
On motion.of Vice -Mayor Dunin, seconded by Councilwoman Billig, the following
resolution was introduced: Resolution No. 3952 (1979 Series), a resolution
of the council of the City of San Luis Obispo granting approval of the
final map of Tract 798 subject to the condition that the bond would be filed
by noon on Friday, September 7, 1979. ,
Passed and adopted on the following roll call vote:
AYES: Vice -Mayor Dunin and Councilmembers Billig and Jorgensen
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
On motion of Councilman Jorgensen,_seconded by Councilwoman Billig, that in
the interim period while the Community Development Department is rewriting
procedures for approvals of maps, final maps, etc. that nothing is to be
placed on the agenda until all items have been filed and the documents are
complete. Motion carried.
E -2. An emergency item was submitted requesting that the City Council
consider authorizing the Public Services Department to go out immediately
to bid to over haul the two 24" barminutors in order to avoid a two week
delay implied by waiting for the next council meeting. _By starting the
contract earlier, the city could avoid the possibility of having one or
both of these barminutors out of operation if the city is hit by early rains.
Dave Romero requested that the City Council.approve this matter as an urgency
matter for advertising purposes.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the '
plans and specifications were approved and the staff was authorized to
advertise to overhaul the two 24" barminutors. Motion carried.
Vice -Mayor Dunin adjourned the meeting at 6:15 p.m., to 7:30 p.m., Tuesday,
September 4, 1979.
APPROVED BY COUNCIL ON:
. Fitzpatrick, City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 4, 1979 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL
990 PALM STREET, SAN LUIS OBISPO
Pledge
Roll Call '
Councilmembers
Present: Melanie Billig, Alan Bond, Ron Dunin and Jeff Jorgensen
Absent: Mayor Lynn Cooper
City Staff
Present: Lee Walton, Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen,
Director of Community Development; Wayne Peterson, City
Engineer; Jim Stockton, Director of Parks and Recreation
City Council Minutes
September 4, 1979 - 7:30 p.m.
Page 2
Vice Mayor Ron Dunin presiding.
5. The City Council held a public hearing on the recommendation of the
Planning Commission to rezone the following properties:
A. CR 0757 - Rezone about 6 acres at 3230 South Higuera Street from service
commercial (C -H) to public facility, use permit required (PF -S).
Henry Engen, Community Development Director, reviewed the history of this
particular rezoning-and stated that the Planning Commission.had recommended
that the City Council approve the rezoning to PF -S.
Vice Mayor Dunin opened the public hearing. No one appeared before or against
the recommended rezoning. Vice Mayor Dunin declared the public hearing closed.
After discussion by the City Council, on motion of Councilman Jorgensen,
seconded by Councilman Bond, the following ordinance was introduced: Ordinance
No. 816 (1979 Series), an ordinance of the City of San Luis Obispo amending the
official zone map of the city (to rezone property at 3230 South Higuera Street,
city initiated rezoning). Reference No. CR 0757.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig and Dunin
NOES: None
ABSENT: Mayor Cooper
B. CR 0758 - Rezone about .2 acres at 1075 Los Osos Valley Road from public
facility (PF) to medium -high density residential (R -3).
' Henry Engen, Community Development Director, reviewed the recommendation of
the Planning Commission for the City Council and concurred in the recommenda-
tion that the property be rezoned to R -3.
Vice -Mayor Dunin declared the public hearing open.
Vic Montgomery, representing the property owner, appeared before the City
Council stating the property owners could not be present and asked that the
matter be continued to a future date.
No one appeared before the City Council. Vice Mayor Dunin declared the public
hearing closed.
On motion of Councilman Bond, seconded by Councilman Dunin, the matter was
continued to the next regular Council meeting. Motion carried.
C. CR 0760 - Rezone about 7 acres on Southwood Drive /Laurel Lane from manu-
facturing (M) to medium density residential, use permit required (R -2 -S) and
about 7 acres from M to M -S.
Henry Engen, Community Development Director, reviewed the action of the Planning
Commission in rezoning to the City Council.
Vice Mayor Dunin declared the public hearing open.
Rod Levin, representing Vidar Corporation, appeared before the City Council
stating he was available for any questions the City Council might have.
No one else appeared before the City Council. Vice Mayor Dunin declared
the public hearing closed.
On motin of Councilman Jorgensen, seconded by Councilman Bond, Ordinance
No. 817 (1979 Series) was introduced: an ordinance of the City of San Luis
Obispo amending the official zone map of the City (to rezone property south
of Southwood Drive and west of Laurel Lane), CR 0760.
City Council Minutes
September 4, 1979 - 7:30 p.m.
Page 3
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig and Dunin
NOES: None
ABSENT: Mayor Cooper
D. CR 0761 - Rezone about 3 acres on Broad Street between South Street and '
Alphonso Street from service commercial (C -H) and manufacturing (M) to
neighborhood commercial (C -N).
Henry Engen, Community Development Director, presented the recommendation of
the Planning Commission which was to rezone this property as recommended.
Vice Mayor Dunin declared the public hearing open. No one appeared before
the City Council for or against the proposed rezoning. Vice Mayor Dunin declared
the public hearing closed.
On.motion of Councilman Jorgensen, seconded by.Councilwoman Billig, the follow-
ing ordinance was introduced: Ordinance No. 818 (1979 Series), an ordinance
of the City of San Luis Obispo amending the official zone map of the city to
rezone property at 2238 -2252 Broad Street, city initiated rezoning, CR 0761.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond and Dunin
NOES: None
ABSENT: Mayor Cooper
E. CR 0762 - Rezone the even numbered side of the 1300 block of Higuera
Street from medium density residential (R -2) to medium -high density resi-
dential (R -3).
Henry Engen explained and presented the recommendation of the Planning
Commission in recommending this change in zoning.
Vice Mayor Dunin declared the public hearing open.
Laverne Schneider, Marsh Street, stated that she objected to the proposed
zoning. She felt it was spot zoning and was bad zoning and poor planning.
She felt that the Planning Commission only acted on what they felt were
direction of the City Council. She also stated that she knew that every
resident of this block of Higuera Street were wild about the proposal and
wanted it to-be stopped and kept as R -2 zoning.
Rosemary Talley, representing the sorority, submitted a map of the neighbor-
hood showing which property owners supported the requested rezoning and which
were opposed. She asked that this matter be continued until September 18, 1979.
Vice Mayor Dunin closed the public hearing.
On motion of Councilman Bond, seconded by Councilwoman Billig, the matter was
continued to September 18, 1979. Motion carried.
6. The City Council held a public hearing on the final environmental impact
report for the Orcutt Railroad Grade Separation Project. The project involved
'
the construction of a bridge over the Southern Pacific railroad tracks at Orcutt
Road. As part of this project, portions of Orcutt Road between Broad Street and
the railroad right -of -way would be realigned, the alignment of Orcutt Road changed
and the Bullock Lane - Orcutt Road intersection modified. The project was needed
to provide a safe and convenient means of crossing the railroad tracks at the
location as well as improving existing circulation in the area.
Wayne Peterson, City Engineer, reviewed the final EIR of the Orcutt - Railroad
Grade Separation prepared for the City of San Luis Obispo by Westec Services,
Inc. of Tuston, California. He then reviewed the highlights of the report as
follows: 1) Project Description; 2) Environmental Analysis; 3) Adverse Impact;
City Council Minutes
September 4; 1979 - 7:30 p.m.
Page 4
4) Alternatives to the proposed project; 5) Grow Inducing Impact of the
Project; and 6) Other Considerations - A) Geotechnical Report; B) Archi-
ological Report; C) Cultural Resources; D) Project Proposal by Paul Landell;
and E) Intersection Capacity Analysis. He then stated that the EIR was
completed as far as his staff was concerned and that if no further comments
were received by the Council that evening, he urged the adoption of the EIR
so that the new plan lines could be adopted to protect future right -of -way.
The City Council discussed with Wayne Peterson, various aspects of the proposed
project.
Vice Mayor Dunin opened the public hearing.
Vic Montgomery asked about future plan lines.
Cecil Munch asked what was meant by reserve for future widening.
Wayne Peterson answered that the building setback line would be adopted by
ordinance which would show the new right -of -way for the street. He also
explained what effect building setback line would have on the adjacent property.
Cecil Munch stated that he was opposed to the proposed project due to the loss
of his land.
Vice Mayor Dunin declared the public hearing closed
Wayne Peterson, upon question, stated that he felt that this project was 20
years down the road.
Councilman - Jorgensen stated that he was not too concerned due to the length
of time that had to pass before construction started but he felt that if the
project ever went under construction, he was worried about where they would
get the 100,000 cubic yards of fill and he felt that a future EIR would be
required to cover this particular-item.
Councilwoman Billig felt the EIR was adequate but felt that due to the length
of time to accomplish the project, she also felt that a future EIR would be
required. She was particularly concerned about the large amount of fill dirt
that would be required for the project and also the possible loss of several
historical buildings. She hoped the Council, at the time of construction, would
be very sensitive to the environment.
Councilman Dunin stated he did not like the elevation-of the proposed
embankment structure. He felt 30 plus feet was too high and would destroy
the visual approach to the area.
On motion of Councilman-Jorgensen, seconded by Councilwoman Billig, the
following resolution was introduced: Resolution No. 3951 (1979 Series), a
resolution of the Council of the City of San Luis Obispo certifying the
environmental impact report for the Orcutt Road Grade Separation Project.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond and Dunin
NOES: None
ABSENT: Mayor Cooper
7. Request from Donald Dwyer, South Broad Street, for permission to
connect to-the city sewer service outside the city based on an incomplete
agreement in 1969.
Henry Engen, Community Development Director, stated that Mr. Donald Dwyer
had requested sewer service for a lot next to Giant Foods pursuant to a
1969 authorization by the Council. He continued that there were other prop-
erties with varying understandings and it would be appropriate to review their
status at the same time in view of the 1977 General Plan prohibition against
City Council Minutes
September 4, 1979 - 7:30 p.m.
Page 4
extension of urban services beyond the city limits. He stated that certain
agreements and minute action were approved by the Council allowing utilization
of city mains with the assumption that annexation would follow. Most of these
cases were agreed to in the 60's.where annexations were prevalent. Some indi-
viduals executed agreements and paid fees for such services and some did not.
He stated that Young's Giant Food had an agreement with the City and paid the
services, Westside Auto had an agreement and paid for the services. Stiefel
had an agreement with the City as they gave some right -of -way and some land for ,
the pump lift station. The San Luis County Airport was currently under agree-
ment and developing certain sewer and water services for the airport and a
Mr. Melvin Jones had a temporary water connection to the city system due to
the fact that his well collapsed. At no time did Tri -Boro Newspaper (Donald
Dwyer) consumate the agreement that was presented in 1969 to allow his property
to connect to the city system. He then continued that the 1977 Land Use Element
of the General Plan prohibited extending service beyond the city limits
except to pre- existing customers, Cal Poly and the Airport with the follow-
ing language: "The City shall not provide urban services outside the city
nor, where more restrictive, outside of the urban reserve limit. Continued
service-to the limited number of present unincorporated area customers and
services to contrracting public agencies such as Cal Poly and the County Airport
should be considered exceptions to this policy."
Henry Engen continued that since the plan was adopted, the City Council had
firmly and consistently held to this policy for new development. The City
advised that the City was bound by executed agreement but not be unaccepted
offers of service. Therefore, the city staff recommended that the City deny
Mr. Dwyer's request for a new connection to the water system and that the
General Plan and Growth Management Policies of the City preclude extending
sewer services to his parcel. This was also true for the Stiefel and Jones
properties. At the same time, executed agreements with Young's Giant Food and
Westside Auto should continue to be honored.
Mr. Ray Gallo, representing Mr. Donald Dwyer, reviewed the 1969 offer by the '
City to supply utilities to the Dwyer property which he felt was an option
still open to the property owner once offered by the city and he did not feel
that this offer could be withdrawn. He also felt that the city had a respon-
sibility under the Water Quality Control Board to serve this property and others
like it.
George Thacher, City Attorney, then explained to the City Council what their
legal responsibility was for serving city utilities outside the city limits.
Ray Gallo.then reviewed possible city liability in refusing service to a
property after offered by the city.
Councilwoman Billig felt the city was bound by the provisions of the General
Plan as it existed today which precluded service outside the city limits.
She felt the property owner.made no attempt over the last ten year period to
accept the city's offer. She would not approve the request to connect to
city utilities.
Councilman Jorgensen would support the existing General Plan until amended,
which at present did not allow service outside the city. He also felt the
City's offer to Dwyer was never accepted by him.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that
the request be denied in accordance with city policy, except those with
legal agreements and contracts. Motion carried, Mayor Cooper absent. '
8. The City Council considered a recommendation from the Finance
Director to revise the city sewer service charges to 1979 levels.
Rudy Muravez, Finance Director, stated that when the preliminary budget for
this fiscal year was submitted to the Council, it was felt that a loss in
the sewer fund of $112,187.00 and it was proposed that this loss be recovered
to a 20% increase in sewer users fees. With the final adoption of the budget;
the conclusion of employee negotiations and the close of last year, the figures
City Council Minutes
September 4, 1979 - 7:30 p.m.
Page 5
were recast to confirm and update this projection. The final increment to the
projected cash requirements was an additional $25,000 for the treatment plant
reserve. This would cover the additional matching funds under the revised cost
of the plant modifications. When summarized along with a revised revenue pro-
jection, the net deficit now stands at $177,097.00. He stated that the deficits
in the sewer fund of 1977/1978 and 1978/1979 were covered by subsidy from the
capital outlay fund. He continued that the current sewer rates were adopted
effective 9/1/76 with the need to accumulate the matching funds under the pend-
ing EPA Treatment Plant grant. It was anticipated that when the needed funds
were accumulated, the rate would carry a financially self- sufficient sewer
system and that further subsidy would not be needed. However, he stated that
inflation had taken its toll. In addition, the discovery that major capital
maintenance would be required at the treatment plant had eroded the concept
that the current rates were adequate. Therefore, the original 20% fee increase
was not inadequate to maintain self- sufficiency. He felt that the new rates
if implemented would be effective October 1, 1979, a 30% increase would generate
approximately $144,000 in the current year and $192,000 annually. This addi-
tional revenue and approximately a 3% carryover from operations, the $177,097
deficit could be covered. Therefore, he recommended that the City Council adopt
a resolution increasing the sewer service charges in all catagories by 30 %.
The City Council discussed with the Finance Director, the various aspects of
the documents submitted to justify the 30% increase in sewer service charges.
After discussion, it was moved by Councilman Jorgensen, seconded by Councilman
Dunin, that the matter of sewer service charge increase be continued to a public
hearing on September 18, 1979. Motion carried.
Councilman Jorgensen asked Rudy Muravez if he could prepare a report on
what estimated additional costs would be needed to operate the Wastewater
Treatment Plant after the grant was received including cost, personnel, etc.
9. The City Council considered a recommendation from the Planning Commission
to approve a tentative map for Minor Subdivision No. 79 -069 which would create
four lots from one lot at 1575, 1585 and 1625 Calle Joaquin, C -T and A/C zones,
Roger Arnebergh, subdivider.
Ken Bruce, Senior Planner, presented the recommenation of the Planning Commission
which stated that the situation involved the subdivider wishing to correct a
situation where property had been subdivided in an apparent violation of the
State Subdivision Map Act and City Subdivision Regulations. The subdivision
request generally follows property ownership.boundaries as they presently exist.
He stated that the Planning Commission on a 4 to 2 vote recommend to the City
Council that the Council adopt the attached resolution granting approval of the
tentative parcel map from Minor Subdivision No. 79 -069 with a negative declaration
on environmental impact and subject to findings and conditions listed in the
resolution.
He continued that the two Commissioners voting no did so because they could not
support creating a proposed parcel four as designed. They indicated they could
make the required finding no. 2, "The site is physically suited for the proposed
type and density of development which is permitted by the A/C and C -T zones."
The majority of the Commission felt the finding could be made and proposed parcel
four as designed was acceptable.
Mitch Walker, representing the property owner R. Arnebergh, spoke in support of
the four lot subdivision as presented by the owner and
not as recommended by
staff which was to drop Lot 4 and only approve a three
He stated that some of the problems were brought about
lot minor subdivision.
at a time when the
property was being annexed to the city, that the development started under
the control of the County and he felt this caused some
of the confusion as
the original subdivision map which was approved by the
City and County was
never recorded but that building permits were issued on the basis of the
unrecorded map. Now the developer was in violation of
both the City and State
law and the proper right to make some use of the unimproved land for commercial
development. He hoped the Council would recognize the
history of the foul -up
on the property and urged the Council approve the four
lot subdivision as was
submitted. He also asked that the Council continued this matter so that the
property owner would have an opportunity to appear and
speak on his own behalf.
City Council Minutes
September 4, 1979 - 7:30 p.m.
Page 6
On motion of Councilman Jorgensen, seconded by Councilman Bond, that consid-
eration of this minor subdivision be continued to October 2, 1979 as requested
by the property owner.
Councilman Jorgensen stated that he could no.t support the development of this
subdivision and would accept the staff recommenation to eliminate parcel 4.
Councilman Bond stated he-had no comment. ,
Councilwoman.Billig stated she was not interested in any prior action or
history of the development, felt that Lot 4 should be eliminated from the
present scheme.
Councilman Dunin agreed -that they should drop Lot 4.
Motion .carried on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig and Dunin
NOES: None
ABSENT: Mayor Cooper
10. The City Council.considered a request from Mrs. Priscilla Evon, 2525
Blvd. Del Campo, to purchase a parcel of city -owned property directly behind
her hom on Blvd. Del Campo.
Henry Engen, Community Development Director, stated that this request had been
reviewed by various departments of the city and that none of the departments
had any use for the property except as originally proposed for open space and
he felt the city should sell the parcel with whatever deed restrictions and
use limitations the-City Planning Commission could consider. He also said that
if the adjacent.property owners were interested, they should.be able to acquire ,
pieces to enlarge their lots. He felt there should be a deed restriction to
prevent residential buildings. He felt the disposition of this property should
be referred to the Planning Commission for report as required by State Law.
Mrs. Priscilla Evon, appeared before the City Council and stated she wished
to buy a portion or all of the city -owned property directly behind her home.
On motion of Councilman Dunin, seconded by Councilman Bond, the matter
was referred to the Planning Commission to review the status of the property.
Motion carried, Mayor Cooper absent.
There being no further business to come before the meeting, Vice Mayor Dunin
adjourned the meeting at 9:30 p.m. to Tuesday, September 11, 1979 at 7:30 p.m.
Minutes approved by Council: 10/2/79
Fitzpatrick, City Clerk
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