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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 ------------------------------------------------------------------- - - - - -- 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 1