HomeMy WebLinkAbout09/07/1993, 3 - CONSIDERATION OF AN EXCHANGE OF PROPERTY BETWEEN THE CITY OF SAN LUIS OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE, 11175 LOS OSOS VALLEY ROAD) AND LAGUNA LAKE COMPANY (LAGUNA LAKE MOBILE ESTATES, 1801 PREFUMO CANYON ROAD). ►�w�►�����u�l���ll IIUII� MT13 A
CIty of San LUIS OBISPOtb
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold B. Jonas, Community Development Director; �e
By: Pam Ricci, Associate Planner PK
SUBJECT: Consideration of an exchange of property between the City of San Luis
Obispo (Laguna Lake Municipal Golf Course, 11175 Los Osos Valley Road)
and Laguna Lake Company (Laguna Lake Mobile Estates, 1801 Prefumo
Canyon Road).
CAO RECOMMENDATION:
Adopt a resolution approving the property exchange between the City of San Luis Obispo
and Laguna Lake Company, based on findings and subject to the following conditions:
1. Laguna Lake Company shall install a play area within the mobile home park to the
approval of the Community Development Director and Recreation Director.
2. Laguna Lake Company shall remove the concrete slab and the basketball backstop
from the site of the former children's play area to the approval of the Public Works
Director.
3. The Mayor is authorized to sign an agreement with Laguna Lake Company, once all
conditions are satisfied, for on-going maintenance of the creek area, including all
creek repair sites for periods of time specified under approved permits, and sign all
other documents necessary to execute the property exchange.
DISCUSSION:
Background
Laguna Lake Company,the partnership that currently owns the Laguna Lake Mobile Estates
mobile home park, has applied to the City for a condominium conversion. The conversion,
from a rental park to condominium ownership, is being processed through Tentative Tract
Map No. 2038. On February 27, 1991, the Planning Commission held a public hearing at
the mobile home park to consider the proposed condominium conversion and continued
action to an unspecified future date. The conversion has been primarily delayed by the
pending property exchange between the City and the mobile home park. The property
exchange was proposed because a survey done in conjunction with the conversion indicated
that portions of mobile home park improvements encroached onto the City golf course.
On August 6, 1991, the City Council conditionally approved the property exchange. The two
conditions of the property exchange required completion of needed creek repairs and
replacement of the children's play area. The City accepted in concept the offer by Laguna
Lake Company to exchange 5.3 acres of creek area and open space for about 0.1 acre of
City golf course property where the encroachments occur.
On December 17, 1992, a letter was sent to the project representative by the City
acknowledging acceptance of the creek repairs. The Council's approval of the creek repair
3-�
"�"�► ���IIII�p
Al " city of San LuiS OBISPO
COUNCIL AGENDA REPORT
Laguna Lake Mobile Estates Property. Exchange
Page 2
plans in October of 1992 included a condition that the need for further creek repairs would
be evaluated again in six months (after installation and the rainy season). The Council in
conditioning the property exchange wanted to insure that the creek area was in good
condition with respect to erosion prior to accepting title to the area.
On June 4, 1993, City staff inspected the creek repair sites and determined that the
completed repairs had held up well,but noticed some new sites where erosion had occurred.
The applicant was notified of the new sites of concern and plans for correcting those new
sites were submitted to the City and other permitting agencies for review and approval.
This report has been prepared to: 1.) update the City Council on the status of the
applicant's compliance with the conditions of the property exchange; and 2.) to receive
Council authorization for staff and the Mayor to proceed with finalizing the property
exchange,upon satisfactory compliance by the property owner with revised conditions. The
first condition would enable the Mayor to sign, on behalf of the Council, a creek
maintenance agreement needed to finalize the property exchange. That agreement will
require that the current property owner continue to maintain the creek area for a period
of three years from the date of initial City approval of the repairs (final report due January
1, 1996). This time period is consistent with the conditions of the permit issued by the Army
Corps of Engineers.
The second condition deals with the children's play area issue. The park owner has
requested that the requirement to install a play area be waived because most of the parks
residents are senior citizens and there is a potential for increased insurance costs if a child
is injured while using the play area. A survey of park residents that was administered by
the Laguna Lake Company indicated that a majority of the residents were not in favor of
installation of the play area.
ProperU Exchange issues
1. Creek Repairs
'With the long and heavy rainfall of the 1992-93 season, City staff waited until creek flows
in the channel had substantially subsided prior to inspecting repairs. On Friday, June 4,
1993, City staff members including Pam Ricci of Community Development and Jerry Kenny,
Lane Wilson and Larry Tolson of Public Works, inspected the creek repairs completed in
November 1992, adjacent to the mobile home park. Staff noted that rock slope protection
had held up well with no evidence of rocks being swept away downstream. Some plants at
various locations had died and needed to be replaced. The attached letter dated June 17,
1993 was sent to Gary Collister, the applicant's representative, noting that some additional
erosion sites were detected and making suggestions on additional planting.
The original creek repair sites were selected based on site meetings held in the creek area
attended by City staff, including representatives from Public Works and Community
1111111IIIIIp1001111 city Of San UAS OBISPO
COUNCIL AGENDA REPORT
Laguna Lake Mobile Estates Property Exchange
Page 3
Development, Department of Fish and Game staff, representatives of the park and project
engineers. The approved plans represent a compromise solution between the engineers,
both City Public Works staff and the applicant's engineer, and City planners and the
Department of Fish and Game. The repair program represents a more environmentally-
sensitive approach to repairs which minimized the amount of rock slope protection and
increased opportunities for native planting.
The approved creek repairs were designed to better control erosion and also improve the
value of the natural riparian habitat. It was agreed that the rock slope protection was
needed near the base of the bank at some repair sites where flood waters would be most
erosive. Above rock slopes, planting, and sometimes grading, were determined to be
alternative techniques to stabilize banks. This type of treatment is in keeping with the City's
commitment to malting improvements or repairs to creek areas to attempt to restore the
natural habitat as much as possible. The City's Flood Management Policy indicates that a
natural creek bank treatment (planting and grading) is preferred to hard bank protection
(gabions and riprap).
Plans have been submitted to the City, the Army Corps of Engineers and the Department
of Fish and Game for the additional repair work that City staff determined as necessary with
its inspection in June. Additional rock slope protection was agreed to at only one new
location. Otherwise, a strategy of additional planting has been endorsed to take care of the
new erosion problems. A copy of .the planting proposal submitted by the applicant's
landscape contractor, Las Pilitas Nursery is attached. This proposal responds directly to the
items included in City staff's 6-17-93 letter. The other responsible agencies have indicated
that previous permits issued can be amended to include the repair work since it is minor in
nature and complements the previously approved plans.
The attached maintenance agreement covers a three-year period from final acceptance of
the original creek repairs and requires annual reports to be submitted on January 1 of the
years 1994-1996. The official date for the beginning of this three-year period is December
17, 1993 - the date of the attached letter from the City to the applicant's representative
indicating acceptance of the completed creek repairs. The three-year effective time period
of the maintenance agreement is consistent with conditions imposed by the Army Corps of
Engineers on the previously-approved permit.
The minor creek repairs required by the City through inspections in June of 1993 would be
covered as part of this same. agreement, as well as any additional creek repair or
maintenance work that is required during the time period of the maintenance agreement.
Laguna Lake Company, as the current property owner, will continue to be responsible for
creek maintenance and repairs during this time period, regardless of whether there is a
change of ownership that occurs prior to the end of the three years. Staff is recommending
that the Council endorse the draft agreement and allow the Mayor to sign the final
document once new creek repairs are completed and the children's play area has been
installed (see discussion below).
3-3
��►�► uuIIIIIIpIp ����N city of San Lacs OBISpo
COUNCIL AGENDA REPORT
Laguna Lake Mobile Estates Property Exchange
Page 4
reviewed by the City for development of the mobile home park. With review of the use permit
for the second phase of mobile home park development, there was a condition for the play area
to be upgraded and for the design of the play area to be reviewed and approved by the ARC.
Based on these past approvals, the play area was considered a required and desirable component
of the mobile home park. However, according to the State Department of Housing and
Community Development, a play area is not a mandatory facility in this mobile home park.
The status of the children's play area was discussed when. the property exchange was initially
reviewed by the City Council in on August 6, 1991. At that time the play area still existed
across the creek from the mobile home park, but was in a degraded condition and not safe for
public use. The Council resolution endorsing the exchange indicated that:
2. The property owner shall remove the equipment in the
existing children's play area across the creek and create a
new play area within the mobile home park to the
satisfaction of the Recreation Director.
Most of the former play area equipment has been dismantled in accordance with the above
condition. However, the Public Works Department has noted that an existing concrete slab and
basketball backstop in the area need to be removed. The reason is that differential settling has
taken place giving the slab an uneven surface that presents a safety concern. A condition has
been added requiring the removal of the slab and backstop as a condition of the property
exchange.
The Council in imposing the condition to remove the play area equipment made it clear that the
new play area should be installed as a condition of the property exchange, rather than as a
condition of the condominium conversion, which was another option discussed in the earlier staff
report. At that Council meeting where the requirement for the play area was set, staff had
disclosed in its report that there were few suitable places in the park to locate a play area and
stated that a majority of the residents in the park are senior citizens (70% of residents are over
65 according to a park survey).
The children's play area has not been installed. The applicant had contacted the Recreation
Director about suitable locations within the park for the play area, types of equipment and other
performance standards. However, staff received the attached letter dated May 13, 1993 from
Laguna Lake Company formally requesting that the requirement for installation of the play area
be eliminated as a requirement of the property exchange. The letter indicates that the two
factors that precipitated their desire to eliminate the requirement were that most residents are
seniors and the possibility of increased insurance costs. A survey was administered to park
residents asking for their opinion on the installation of a play area (survey form attached). 203
surveys were received out of a total of 290 sent out (one ballot per household), with 172 voting
against installation of the play area, 31 voting for installation and one contradictory vote
(residents of the same household voting on each side of the issue cancelling out each other's
vote).
3 -s`
�����►����Illlll�lp�►"ui���U�U UW Or San Laic OBIspO
Mige COUNCIL AGENDA REPORT
Laguna Lake Mobile Estates Property Exchange
Page 5
Since receipt of the owner's request to delete the requirement for the play area, staff has
received nine letters signed by seventeen different people supporting its installation. These
letters indicate concerns for the welfare of children, both those residing at the park and visitors,
and question the validity of the survey given its overtones of increased costs to residents if the
play area was installed.
An existing horseshoe area on Hazel Drive has been the location most discussed as a suitable
place for a new play area. Given past approvals and the Council's direction with the previous
review of the property exchange, staff is recommending that the play area be installed to the
approval of the Community Development Director and the Recreation Director. A play area for
mobile home park children and visitors is a desirable amenity and serves the needs of younger
children not as directly served by other park recreational facilities such as the clubhouse and
swimming pool. The deeds formally finalizing the property exchange would be recorded once
the play area was installed consistent with approved plans.
CONCURRENCES
The Public Works Department is responsible for overseeing the issuance of creek repair permits
for major creeks either owned or maintained by the City. They have been responsible for
coordinating with other agencies regarding needed permits for proposed repairs. Both
Community Development and Public Works Departments endorse the additional creek repairs
proposed. Public Works has included a requirement within the maintenance agreement for a
$10,000 Irrevocable Letter of Credit or Certificate of Deposit to be submitted prior to the
exchange of deeds. The Public Works Department's concern with the concrete slab at the
former children's play area site was previously discussed.
FISCAL IMPACT
Since the condition of the property exchange required Laguna Lake Company to perform needed
creek repairs, there will be no fiscal impact to the City. Similarly, the cost for installation of
the play area is the responsibility of Laguna Lake Company.
ALTERNATIVES
1. Adopt a resolution approving the property exchange between the City of San Luis Obispo
and Laguna Lake Company, based on findings and subject to the following conditions:
a. Laguna Lake Company shall remove the concrete slab and the basketball backstop
to the approval of the Public Works Director.
b. The Mayor is authorized to sign an agreement with Laguna Lake Company, once
all conditions are satisfied, for on-going maintenance of the creek area, including
all creek repair sites for periods of time specified under approved permits, and
sign all other documents necessary to execute the property exchange.
3-S
��u���i�►►i�IININ�P ��l City Of San LUIS OBISp0
COUNCIL AGENDA REPORT
Laguna Lake Mobile Estates Property Exchange
Page 6
a. Laguna Lake Company shall remove the concrete slab and the basketball
backstop to the approval of the Public Works Director.
b. The Mayor is authorized to sign an agreement with Laguna Lake Company,
once all conditions are satisfied, for on-going maintenance of the creek area,
including all creek repair sites for periods of time specified under approved
permits, and sign all other documents necessary to execute the property
exchange.
This is the CAO recommendation without the requirement for the installation of
the children's play area, in accordance with the request of the Laguna Lake
Company-
2. Continue action with direction to staff to further research specific issues.
Attached:
Attachment 1: Draft Resolution
Attachment 2: Maps including: Vicinity/Zoning/General Plan Maps; Tentative Tract
Map No. 2038; and Excerpts from Lot Line Adjustment Map
Attachment 3: Previous Council Resolutions including:
City. Council Resolution No. 7011 (1991 Series) - resolution of
intention to exchange properties; and
City Council Resolution No. 8077 (1992 Series) - approving creek
repair plans
Attachment 4: Letter from Pam Ricci to Gary Collister dated 6-17-93
Attachment 5: Landscaping proposal for creek area proposed by Las Pilitas Nursery
Attachment 6: Cover Letter/Draft Maintenance Agreement
Attachment 7: Previous Army Corps and Fish & Game Permits
Attachment 8: Letter from Laguna Lake Co. dated 5-13-93 re: play area and
Survey form distributed to park residents
Attachment 9: Letter from Gerald Kenny to California Park Properties dated 12-17-93
accepting creek repairs
Previous and new creek repair plans are available for City Council review in Planning File
ER 108-92.
3-6
Y ACHMOENT 1
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXCHANGE OF PROPERTY BETWEEN THE CITY OF SAN LUIS
OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE, 11175 LOS OSOS VALLEY
ROAD) AND LAGUNA LAKE COMPANY (LAGUNA LAKE MOBILE ESTATES,
1801 PREFUMO CANYON ROAD)
.BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed property
exchange and the staff recommendations, public testimony, and reports thereof, makes the
following findings:
1. The proposed property exchange resulting in City acquisition of approximately
5.3 acres of creek/open space area is consistent with public policies contained in
both the Land Use and Open Space Elements of the City's General plan; and
2. The proposed property exchange will not adversely affect the continuing operation
of the Laguna Lake Municipal Golf Course.
3. A Mitigated Negative Declaration of Environmental Significance(ER 108-92)was
issued by the Community Development Director for this project on August 14,
1992, which Negative Declaration found that with inclusion of specified
mitigation measures there would be no significant environmental effect resulting
from this project. This Council hereby concurs in and adopts that Mitigated
Negative Declaration.
SECTION 2. Approval. The request for approval of the property exchange is hereby
approved subject to the following conditions:
1. Laguna Lake Company shall install a play area within the mobile home park to
the approval of the Community Development Director and Recreation Director.
2. Laguna Lake Company shall remove the concrete slab and the basketball backstop
to the approval of the Public Works Director.
3-7
Resolution No. (1993 Series)
Page 2
3. The Mayor is authorized to sign an agreement with Laguna Lake Company, once
all conditions are satisfied, for on-going maintenance of the creek area, including
all creek repair sites for periods of time specified under approved permits, and
sign all other documents necessary to execute the property exchange.
On motion Of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this _ day of , 1993.
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
/fi //Aft/q&er
VF -etki lima
L
C/0S - 40•. ,-/OS -
...'gyp
L
>1 _
Sip r oT G P r
r
Laguna Lake c e at '
City f rse \
N :
F =
R
I =666 �r
Creek.Area to
EE
be exchanged
o 1:1.
TRACT Z03 8
VICINITY MAP NORTH
• 3 -s
- CENERAt - D` AU.'LAND USE; P�.
,i-• _..'.�� •'�1'.._ '.! rte. : �I•,.r. ••. +..- -`r. i� r.. ;r, f�:':'r.: �.� r, .r. (:_ _ �_
•��-1`J�� "r�1•• ••tom^ _: r.,.rr''rr ^. .. •'." ,^�. ;� ,i�:• r .�I�. i,i.�. . .�-(•^,�� , !`/' •!
_^• ,•.r,�/. _ n' � �:'�, _ •ter:/'- �' .'! r• 'r.: _� (. r� r r'/.'-. !l
_��'7�t�^' - ^•^ri-'. 1 ./�•`'i':'r, �,,•''�• .'C, "' _ ^•,/ - C f` '"' ;��C;^, '�.r -'�'' ^ �r,•r..'t.'�r -
" -- ! , ( ./:r. r•.' .�1 '^�'• ryr.',_:(• .(` r:.:' .� ,•�':r'Y',r•�i�•,\'•^!`'(f r,'-/-!r\./.:./' 'r .(' .:�/,'r'
:,".'',�.-^ir•`., y.:• .t, .�•.(':- -M _•.fT,'f; C•'�i_:l,r� - .,:ry., r. .n r♦ „ _, •��.1.. '7�r'~
'(i\:�._-r\" .r.,, �/., .(^/.• - r:�l\.t i'•. /�Y. 'L
•')l, ^.,����•^,': ^�{'•~r�� -'-.� - �� �:.'r^;; rr\f,�^:f•. :ice'(• ^y "'f':.0 n: ''�• f.''\'�,. r (". .,
). � �\.'}:. . '.4,a '.l.-n J.' I''- r�^`:'. � \. .::-t.q� i ''•,.'Z:f',�l• •i. . ' ^ .�Cr1r r. (••�r)�, f
?St_r•.r.t,.-=..1 ::. y�,,,•r r: ' 'i3 i{ : r,f.'••�i. f\r1 rr''' N - '�
Lir:y.' R",. ..r a_ '•\ L ,�.,..` r���".._r. r.'f..r.' 1•. V,4 r•, w':r•' r.T= i••yJ=t'r_
;r•�','rr^i ^ ,:r;.r:7Yn
.�i^. ,-. _, ^^r,,. �, ., - _ \%.% rr.\''1'n•�i•'•'r'1 •l�.�-,. •� �•f.,,{`�.f:' r�_
,' '.%�'CY, :��:r1:_ti,r'r�..- i'._� `.��,'.::r^•,'�'�C-=' / \ r":rr•-..iir r!.( ""r::•,��r,•,...�'"..
ell 4
^�1�I�,�'� �1�'�.�. ,i: .:•-: -. *� `�-�:.��':i \ :,r ('•ter:�.-r �,
^•1 "^ ^
IN
Illt
_ •- _ Ir _ LAGUNA LAKE.
r: .� _ ..•..�•r:Vin.f.�. �'�.•_•.' /-- ^�r•''r \ ,..r .
0.
•,x•41 Lr ,%ti: _,�•:. `1_L'�-' �' .... �� �'."'� �
•s- � 4 �
a r',�moi.:' 1•_'-�-.:•'., !, � �• '�\::. v: ...
�. r.
r_
77 rl
1
^r
:z
a
,
J'
r -
r: ')
.�
Ir •!
.t
1 -:4
SBS
, r
....... :...
Z . ., . _ ♦ � ......
-
, ,< .
LEGE - ._ ,.. ::�_::,; :: ; ;
/1� ,
r. : t:. �.'�V� -�1''4h9 t�t.*_l::rf•,: =i: :: ....
r•
Low
_,jr
w
Density ens ,:::: ::��-
t
•
:.•M1�� ^n. : �.. ..
� .
Medium m D
...:...........
en ..::
.-_ Med.-High D
High Density ..-,.:
Office 7. ..H - ....
Ir
Ml f
•, .tir•� _ ,rte I:�r.' '�-,.\r_` '"-'.. •: r'•S_ - ..
"`�•. _ Park '''�^t•�1^�: .r�: ;-. .-- ^' - ^I:;=C_::::,�.�• .�:.: ;,: {'ir,•` - - - " - _ ...
. r,.t_ _. -_r-• 1 .�. i' ter\' .,:,•..IY-' _r�•,.,•:• ..f" _ .. � ...
Conservation �:�'. �� - ^, ;-��� �;'�"_ :' -:'•.:= "=:.;,:,:� :..-,:4
Open Space ._
--- City Limit ;
■■■■u■ Urban Reserve Line �ti. .r-� ,: : ,; .. '`.,.
® Expansion Area
(i y a E7
LU
iii :y �-: t i j ! .' c{ � � I ►= Z jt;il
L a.• t 1 2 ''. •-..
.t:. j'
ilia it:;;- } t: f . • E : iS r;�5�i1�! i { 5 e: 1 L•J L� f vl
ii
i cz:� .Jt;lZ 4�e S ! 11 gel`r •.:.t I 1 _ U !,S S•1 E ! f— E' . y
1,�%'a 1 (E S E 1 t :i'4tcii:: : S ! V E 1a•i 1 : I , I
ok
>< _ a•- :•tt!_ la : i E tl i:i i � � ; i:i_ �( t
r_
e 'I_.i Ya
1, I� �l_^+ 1:.����- -per. �C:� i• Wit.... Ic 1 •tV Q�
1 i I y j�'�C•- r... r. -.G ai '�� e l
W 4 t..I i;�1�_�r'�Z.:-1 r':�i•��:fc�'Y'~r' � S¢ 5
LLI ` !j:Cl:Llaa.a,'1_+_�wf�o..,��%. •T' .te. .1� �:" � ' S' = S'� •'.'..�'.
baa �_I' �� —= iC.`1 ♦;'i`�i. %.�_\\°_1 'T� L ! t.i: '•:•�+'v I
Ea 'rte,'-�. ��� ��� .,..y���� � -` •Y!
T r : ' Iz _ll � S•1�i�+='��n°�S r �' `} 1r w,��.1�• :r I
:•a l:lf�;art�'—• i!!:' wia:it:^a..•'f:-,'t`1��� "'l'. .. � W
5 y•}'F•i ��al[,�+I.tii'ir? c. cif o E�. �:. .: �. r` :2rN
Iq+_
1J-�. .:- .' .'1'.-��:\..�_'•�= t. n s••rs.�fly 'a ' F� 0 )
Wr C t 'y: {_. .-=.r:�'.: • -• ''nw.• 51 �:�` t4c = ;� � ;S ••y
.'s. 1- � 1.a )�=J`1 •ll;a iy�,n y� �^}r,{rr.��� _ � i
it
tN
.� !S �_ �•i 1 a .•t.__i':�_•il_;�1 i_.�• � :`:ti.r r: _` `.:. '1,::•• I ilk ``{1= i
1 :t : .:• . S. {� a 'I li��_` =1.1 ' ri'i -.i r• �2t.
Ivc
f / �,�;.il.y.1• _ �: •J °J:;`�1���C�, �1•K� i '� t L I . I
� tt: :.js �. �_. /tf•���;• •n�:�� '/tee � E :It t
CrR'�) i'` -\` ��=: L';_ •1,::+� )y l.:i:'�• ��Y_1ll4'L'•it c • ICY t
.1•!a � -_ .�b� °`•tet:: �;^7• ��`�y y�` •!=1:l v: .Y; I{i
r �.
I
OVOY A377VA SOSO S07
lr,pf,U,t1N u�I N•Y,f/. 7N
�� • �' f��C off' �a ,\h$ /� �� Q ♦ ,,� 14� '� �� c8
A1C I '� �" �� t. • �. 5�a•� — `i -
�`�
m9 ra�+6 _19�[e,
it
$ ``, i D� I 'm� !� V , iW� R
LL "Cl
LIJ
All
r� � � —y�_ -" ��'_ W =` 1 It ` s �`-- •
mz �sa $ 4+ t r� til \
i a I �'0 2r z Ca"�;" g • a8 �o `� 8 �Lx
zt
uj
FM
o
:; ;• 3�
2 c
=�t' i•. wL3 d
2 Q u7
7
xf� a
R � Q c
3-iz
air
1
. y 1
► 1
y 1
1
1;
let W
l =;
• �x
m
C
aea .a
V i �
v 7 p
Z
ti
IEN
Ai i CHM
RESOLUTION NO. 7011 (1991 SERIES)
A RESOLUTION OF LNTENTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO TO EXCHANGE PROPERTIES BEnVEEN THE CITY OF SAINT LUIS
OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE,11175 LOS OSOS VALLEY
ROAD) AND LAGUNA LAKE MOBILE ESTATES
(1801 PR.EFUMO CANYON ROAD)—
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the staff.
report and the applicant's statement, proposes a property exchange based on the following
findings:
1. The proposed property exchange resulting in city acquisition of
approximately 5.3 acres of creek/open space area is consistent with
policies contained in both the Land Use and Open Space Elements of
the City's General Plan; and
2. The proposed property exchange will not adversely affect the
continuing operation of the Laguna Lake Municipal Golf Course.
SECTION 2. Conditions. The proposed property exchange will be approved,
subject to the following conditions:
1. The property owner of the mobilehome park shall stabilize the creek
banks and do other repair work necessary to the satisfaction of the
Public Works Department prior to recordation of deeds finalizing the
property exchange and lot line adjustment.
.2,. The property owner shall remove the equipment in the existing
children's play area across the creek and create a new play area within
the mobilehome park to the satisfaction of the Recreation Director.
On motion of Councilman Roalt^.an seconded by Counci lv oman
Pinard. and on the following roll call vote:
3-i41
_ 7A„ ,
RESOLUTION NO . 70, (1991 SERIES)
Page 2
AYES: Councilmembers Roalman, Pinard and Rappa
NOES: Courcilmember Reiss
ABSENT: Mayor. Dunin
the foregoing resolution was passed and adopted this 6r1i day of Aug,,,-;t-
1991.
„g„�r1991. _
Mayor Ron Dunin
ATTEST:
Citi Clerk Pam ; ges
APPROVED:
City A inistrative Officer
tty ttorrie
Community Devel m nt Director
f
RESOLUTIO24 NO. 8077 ( 1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE COKMMUNITY DEVELOPMENT DIRECTOR' S ACTION
TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR
CREEK REPAIRS PROPOSED ADJACENT TO LAGUNA LAKE MOBILE ESTATES
LOCATED AT 1801 PREFUMO CANYON ROAD
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows :
SECTION 1 . Findinas. That this Council, after
consideration of public testimony, the applicants' proposed creek
repair plans , the appellants' statements, the Community Development
Director's action, staff recommendations and reports thereon, makes
the following findings:
1. The proposed creek repairs provide an environmentally-
sensitive approach to stabilizing creek banks.
2 . The proposed creek repairs will not have a negative impact
on the environment with the incorporation of required
mitigation measures.
SECTION 2 . Action/Condition. That this Council hereby
denies the appeal of the adequacy of the initial study of
environmental impact, upholding the Community Development
Director's decision to issue a Mitigated Negative Declaration, and
approving proposed creek repairs with the following condition:
1. A public hearing before the City Council shall be held in
six months to determine whether further creek repairs are
needed.
On motion of Councilmember Roalman
seconded by Councilmember Reiss and on the following roll
call vote:
R 8077
Resolution No. 8077 (1992 Series)
Page 2
AYES: Councilmembers Roalman, Reiss, Pinard, and Rappa
NOES: None
ABSENT: "Mayor Dunin -
the foregoing resolution was passed and adopted this 6th day
of October , 1002 .
1
vG
on unin Mayor
ATTEST:
�i Clerk Diane Gladwell
APPROVED:
City Ad inistrative officer
i At orr
_acob
Community Deve Ument Director
3-17
............ city of san tui s oBisPo
990 Palm Street/Post Office Box 8100 * San Luis Obispo, CA 93403.8100
June 17, 1993
Gary L. Collister ATT
ACHET 4
2760 E. Spring Street, Suite 210
Long Beach, CA 90806
SUBJECT: Status of Prefurrio Creek Repairs adjacent to Laguna Lake Mobile Estates,
1801 Prefurno Canyon Road
Dear Mr. Collister:
On Friday, June 4, 1993, City staff members including Pam Ricci of Community
Development and Jerry Kenny, Lane Wilson and Larry Tolson of Public Works, inspected
the creek repairs completed in November 1992, adjacent to the Laguna Lake Estates mobile
home park (hereinafter refer-red to as "the Park"). The creek repairs were originally
mandated by the City Council as a condition of the land exchange between the City and the
Park approved on August 6, 1991. The Council in conditioning the property exchange
wanted to insure that the creek area was in Good condition with respect to erosion prior to
accepting title to the area.
With review and approval of the plans for the creek repairs in October of 1992, the Council
included a condition that:
"a public hearing, be held in siz months to determine whether further creek repairs
are needed-"
A letter was sent to you on December 17, 1992, acknowledging acceptance of the completed
= 0
creek repairs. With the Iona and heavy rainfall season, City staff waited until creek flows
in the channel had substantially subsided prior to inspecting rock slope protection and new
planting at repair sites.
The following paragraphs outline staffs evaluation of creek repairs:
1. Overall rock slope protection has held up well at the approved repair sites. With the
heavy rainfall this past winter and spring, there was not evidence of rocks washing
away and being displaced downstream.
71 _-�d
De,:ce :,e Deal �605! 81-7410
Collister Letter
Pace
2. Dead native shrubs added to stabilize exposed slopes need to be replaced at various
repair sites. Blackberries, wild rose or other acceptable native plant materials with
the desired rootingand spreading qualities should be planted. The ceanothus plants
were not successful at this location and should not be used again.
3. A new slope failure was observed at a site just west of the Boone repair site. The
erosion appears to have mostly affected the top of the slope. Drainage from the
adjacent Park, rather than creek flows in the channel, may be responsible. The
applicant's engineer must submit plans for City review showing how this slope will
be stabilized and protected. Asphalt paving at the adjacent mobile home space is
being undermined.
4. Gullv erosion has occurred on the slope of the creek bank (on the opposite side of
the channel from the Park), located just beyond the concrete slab in what was the
former children's play area. This slope needs to be properly restored. and stabilized.
5. A recently graded trail, going down the creek bank to the channel, about two to
three spaces to the east of the terminus of Thelma Drive, has eroded the bank. This
slope needs to be properly restored and stabilized.
Please call either Jerry Kenny or myself if you have questions.
Sincerely,
Pam Ricci,
Associate Planner
RE
Las Filitas Nursery
Native Plants of California
C.ui'ornia
July 14, 1993 ATTACHMENT 5
To Central Coast Engineering
For Gary Collister
Laguna Lake Mobile Home Estates
Here are my observations and recommendations for revegetating #2,4,5 as described in
the enclosed SLO city letter.
,'he recummendations need to be implemented as soon as possible as we cannot plant from
mid-August to late Oct. without building 'forts' around each plant to protect them from rodents
and deer. The 'forts' have often failed to work in eariv fall where the deer population is high.
On other sites following these protocols we have had native plants seeding into the site after
2-5 years and little or no weeds long term.
The goal is to create a strong foundation for a native site that will look pristine 20 years from
now.
Native perennials, shrubs and trees that occur in Prefumo Canyon adjacent to Laguna Lake
Mobile Home Park.
*Artemisia calif. Calif. Sagebrush
*Artemisia Douglasiana Mugwort
*Baccharis pilularis var. consang. Coyote Bush
*Ceanothus cuneatus Buckbrush
*Ceanothus spinosus Green-Bark Ceanothus
*Diplacus aurantiacus Sticky Monkey Flower
*Heteromeles arbutifolia Toyon
-Lonicera hispidula var, vacillans Calif. Honeysuckle
*Lupinus latifolius
*Platanus racemosa Calif. Sycamore
*Quercus agrifolia Coast Live Oak
*Rhamnus calif. Coffeeberry
-Ribes sanguineum var. glutinosum Pink Flowering Currant
*(-)Rosa Calif. Calif. Rose
-Rubus ursinus Calif. Blackberry
*Salix lasioiepis var. lasiolepis Arroyo Willow
*Salvia mellifera Black Sage
*Salvia spathacea Hummingbird Sage
*Sambucus mexicana Elderberry
-Scrophularia californica Calif. Figwort
*Sisyrinchium bellum Blue-eyed Grass
*Solanum Douglasii Nightshade
*Symphoricarpos albus var. laevigatus Snowberry
-Symphoricarpus mollis Creeping Snowbeny
*Toxicodendron radicans var. divers. Poison-Oak
*(-)Umbellularia californica Bay
*Zauschneria calif. mex. Calif. Fuschia(County specific)
*tolerates sun, -understory only
Bert Wilson
}
(Ol)ti� 'i��-S%`��
#2,4 from the SLO City If
The former child's play arca:
This area is 250 feet lune and about 25 ft. tall. 1 feel we need to extend back 10 fect from the
lip and include the drainage ditch. Total area is about 250'X 35'. (These ideas and the costs
provided by D'Alfonso are based on access through the field from the north.)
1. The native plants that were planted the first time will be flagged along with the sprouting
Baccharis and Artemisia and-protected during the planting.
2. No material will be allowed to enter the creek channel. 'Dust' from working with the mulch
can be allowed as it is 'normal' for some litter to be in the channel.
3. The planting will not extend down to the channel bottom but will stop about 2' above it.
4. The bank is to be sprayed with pre-emergent and post-emergent herbicides to control
weeds. Again no material is to enter the creek channel or within 2-3' of the channel. (There is a
growing body of evidence that the effect of herbicides is often beneficial because the weeds
have such a influence upon tite soil fauna and flora. The literature has a number of
examples of rebound of soil microorganisms after the weeds are killed. Moreover organic
matter and clay soils bind the products up so leaching does not occur.) I've called Jim Lid-
berg at Cal. Fish and Game and there seems to be no problem as long as we stay out of the
channel.
5. The site is then to be covered with 2" (at application) of shredded redwood bark. A high
Carbon to Nitrogen mulch is necessary to reestablish the litter on site. This litter is part of the
natural succession within this plant community. With the mulch we are moving the site to a
climax(k type) community. The use of a cheaper mulch such as straw will drive the system to
a C/R type and the site will have weeds. A k-type site will actively exclude weeds.
6. Over this 2" layer of shredded redwood, jute matting is to be applied and heavily pinned
down. This should stop all further erosion of the site until the plant material fills in.
7. 600 plants are to be planted to enhance the present planting.
The plant list will read:(all gallon sized)
20 Baccharis pilularis consanguinea
30 Ceanothus cuneatus
10 Ceanothus spinosus
80 Diplacus aurantiacus
50 QueIcus agrifolla(must be from the area(rrom Cambria to Lompoc)
200 Rhamnus californica
20 Sambucus mexicana
80 Symphoricarpos albus var. laev.
30 Umbellularia calif.
50 Zauschneria calif. mex.(steepest part of bank only)
I'm planning to place the plant material to match the guild that occurs within the Coastal
Sage Scrub/Riparian interface as it occurs in the wild, adjacent to this site. Our research has
shown this to be critical for the re-establishment of the mycorrhizal grid and the creation of a
mutualistic, self-supporting plant community. On other sites we have learned that if we can re-
establish a basic plant community that is site specific(in terms of placement and gene pool),
soil specific. plant community specific and climate specific to the exposure level (understory
or south facing. etc.). plants from that plant community will start seeding-in within 3-5 Vears.
Moreover, the associated native fauna move in as the plants establish. Alien species, whether
thev be animal or plant. are n :ell supported by this community ,u
The plant list(s) and the following watering schedule reflects the presence of deer on the site.
8. If the site is well watered twice, and maintained by D'Alfunso landscapes, Las Pilitas can
guarantee an 857• success for the first year. (Our average loss on sites like this is Cu 51i.. The
deer may increase it slightly here.) The lack of a watering system increases the labor bill slight-
ly, but decreases all other costs but the plant material. This also mitigates much of the deer
problem. All parties must be willing to allow some of the plants to go summer dormant and
appear lifeless until the rains come. Regular watering does not allow the plant material to
develop the necessary endophytes and resins to protect itself from deer and other herbivores.
9. It is recommended that a maintenance contract be agreed to with the landscape contractor.
The area controled needs to extend to 15' past the crest of the bank on the child's area, to the
crest on anv other site.
If 'regular' water is applied to the site weed costs and deer damage will escalate.
10. Weed control is critical to the success of this project. These start-up plant communities
cannot tolerate weeds, the wrung mulch, the wrong mix of plants. After the first year weed
control generally drops to none, as the plant community becomes somewhat stable and starts
suppressing weeds on its own. (This occurs because the fungal, bacterial, plant and animal
communities move from a ruderal strategy(R) to a stress-tolerant strategy(k) as succession
occurs. Weeds enter primarily when the site is in the R mode.)
11. No soil amending is to occur.
12. Minimal soil movement is to occur. The voids in the bank will be hand packed. The top of
the bank will be partially re-contoured to keep the water from forming a pond on top or over-
running the bank.
13. No fertilizer is to be applied.
14. Plant placement will be done by Las Pilitas. Flags will be placed on site for each plant type.
15. All activity on site will be limited by the time window constraints put on the project by the
Corps of Engineers.
Bert Wilson
Las Pilitas
805-438-5992
#5 front the SLO letter
The 'Trail' 2-3 houses cast of Thclma terminus:
1. Recommend 400' of 4' non-climb fence with one strand of barbed wire on top extend
across this area.
The fence would be 4'6" tall with a post every 8 ft., 2 metal tee posts then a treated 4X4 as a
pattern across at the property line.
2. I recommend that the 25'-25' area damaged by the 'trail' be covered with .jute matting then
mulched with 3" of shredded redwood bark.(At application time, it does pack down.) (Access
would have to be arranged from the property above to make this work.)
3. The plants for this area would be 30 (1) gallons.
5 Heteromeles arbutifolia
5 Rhamnus calif.
5 Rosa Calif.
5 Sambucus Mexicana
10 Symphoricarpus albus var. laevigatus
4. Maintenance would be provided by D'Alfonso Landscapes on a monthly basis through the
first year.
Weed control for this whole area of 15' by 150' should be considered.
If maintenance and installation are included, Las Pilitas will guarantee a 85% survival of the
plant material, and D'Alfonso will guarantee replacement labor for same.
5. All other aspects of the child's area apply here.
Bert Wilson
Las Pilitas
805-438-5992
. 3_ z3
��i�lihlllli�!i!i!IiIIII��iI!l�ll�l l lll�'`i'�lil!I�II��II��I
lig ► ....I�,�I�I�) Cityof OBISPO
955 Morro Street • San Luis Obispo, CA 93401
August 23, 1993
Gary L. Collister, President ATTACHMENT
Collister-Pender Properties, Inc.
2760 Spring Street, Suite 210 (�
Long Beach, CA 90006
Subject: . Revised Agreement for Prefumo Creek Maintenance and
Monitoring of Mitigation Measures (MS 91-019)
Dear Gary,
Transmitted herewith is a revised agreement to cover the maintenance
and monitoring of the Prefumo Creek erosion repairs. The revisions
include modifications requested by your attorney (Jim Buttery) in a
letter to me dated June 23, 1993 and for the additional work currently
in the approval process. The new work is expected to be included
within the 3 annual report periods, subject to Corp of Engineers
approval, if completed in a timely manner. In any case, the property
exchanges are contingent upon the additional work being completed.
The modifications are not exactly as requested by Mr. Buttery, but the
intent is covered. The Corp of Engineers permit prevails with regard
to the maintenance period and annual reports, and 15 days would be too
short a period for "refunding" any funds, if foreclosure of the surety
were necessary and cash was held by the City.
The agreement must be executed by the property owners, notarized and
returned to me for City Council approval. The Council is expected to
consider the agreement concurrently with the public hearing (scheduled
for September 6) to assess the status of the creek improvements.
It is possible that the City Council could authorize the Mayor to
execute the deed "upon satisfactory completion of the remaining work" ,
rather than at a future Council meeting. However, the "playground
area" would also need to be completed, unless otherwise approved by the
City Council. Incidentally, the concrete slab at the old playground
site must also be removed.
The attached original deed is transmitted for execution by the property
owners, covering the creek and adjacent land. For some reason, I
received the original, rather than a copy.
The Crtv of San Luis Obispo is commined to include the disabled m all of Rs se'vices. proarams and aclivnoes.
Teiecommun,cano-ns Device for the Deaf (805) 781-7<1.0.
3 � 2
Gary L. Collister
August 23 , 1993
Page Two
If you have any questions regarding these matters, please call me at
(805) 781-7194 or Pam Ricci at 781-7168.
Yours truly,
WAYNE A. PETERSON
CIT ENGINEER
Gerald W. Kenny
Supervising Civil Engineer
Attachment:
1) Revised Agreement (original)
2) Grant Deed, Laguna Lake Co. to City (original)
c: Jim Buttery (Andre, Morris & Buttery)
John Marchetti (Central Coast Eng'g. )
J Jorgensen
P Ricci
D Cox
MB/HB/file
G: \. . . \Misc\LagAgree.wp
3_�s
RECORDING REQUESTED BY:
The Laguna Lake Company
WHEN RECORDED RETURN TO:
City Clerk
P. O. Box 8100
San Luis Obispo, CA 93403-8100
APN 053-111-043
APN 053-111-047
AGREEMENT BETWEEN THE LAGUNA LAKE COMPANY AND CITY OF
SAN LUIS OBISPO REGARDING PREFUMO CREEK IMPROVEMENTS
THIS AGREEMENT, dated this day of 1993 by
and between THE LAGUNA LAKE COMPANY, a California General Partnership,
(herein referred to as "Owner") and the CITY OF SAN LUIS OBISPO, a
California Chartered Municipal Corporation (herein referred to as
"City") .
WITNESSETH:
Reference is hereby made to that certain real property in the City
of San Luis Obispo, County of San Luis Obispo, State of California, as
described and shown on the attached Exhibit A, and
WHEREAS, one of the conditions of the exchange of properties shown
on Exhibit B, between Owner and City, established by the City Council
per Resolution No. 7011 (1991 Series) , and in conjunction with Lot Line
Adjustment LLA 91-019, required certain creek stabilization and erosion
repairs to the Prefumo Creek channel within said property, and
WHEREAS, the Owner has completed certain repairs to the
satisfaction of the Public Works Department, Community Development
Department, California Dept. of Fish & Game (F&G) , and in accordance
with an Army Corp of Engineers (COE) permit (#92-535-MJ) , and
WHEREAS, additional bank stabilization and erosion protection has
been determined to be necessary as a result of the past Winter storms,
3- 2,6
Laguna Lake Co. Agreement (Prefumo Creek)
Page Two
and as shown on plans approved by the City Engineer and Community
Development Director on August 24 , 1993 , and
WHEREAS, the COE permit requires the Owner to maintain the
landscaping and slope protection and to submit annual reports to the
COE for 3 years after completion of the work, as specified in the
attached Exhibit C. which was completed in December of 1992, and for
said additional work to be done, as noted above. The first report is
due on January 1, 1994 .
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
(A) Owner shall continue to be responsible for maintaining the
above-mentioned improvements and to file the 3 required annual reports,
pursuant to said COE permit # 92-535-MJ, at Owner's sole cost and
expense, even though a transfer of ownership of the creek channel to
City may occur during that period of time; and
(B) A $ 10, 000 Irrevocable Letter of Credit or Certificate of
Deposit (to the satisfaction of. the City Attorney) shall be submitted
prior to the exchange of deeds, to guarantee all reports and/or
replacement mitigation specified in the COE, F&G or City permits,
including any amendments and/or additional permits issued to include
the said additional work. Failure by Owner to comply with the above
requirements, shall be cause for City to collect the proceeds of the
surety and to complete said requirements.
In the event that all or a portion of the $ 10, 000 irrevocable
letter of credit or certificate of deposit has not been used (or is not
needed to complete any requirements under this agreement) by the City
9 - 27
Laguna Lake Co. Agreement (Prefumo Creek)
Page Three
to provide replacement mitigation specified in COE, Fish & Game or City
permits, or for preparation of required COE reports, such remaining
funds shall be refunded upon request of Owner, within thirty days (30)
after expiration of the three (3) year period, and
(C) Copies of the COE reports shall be submitted to the City's
Community Development Director and City Engineer by the due dates for
the COE reports; and
(D) The requirements of said COE, F&G and City permits as noted
herein and this agreement shall be binding upon Owner's heirs,
successors, agents or assigns.
(E) Owner hereby agrees to indemnify and save harmless City, its
officers, agents, and employees of and from:
1. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to
or death of any person or corporation caused by any negligent
act or omission of owner under this agreement or of owner's
employees or agents;
2. Any and all damage to or destruction of the property of City,
its officers, agents, or employees occupied or used by or in
the care, custody, or control of owner, or property of others,
or in proximity to the site of owner's work, caused by any
negligent act or omission of owner under this agreement or of
owner's employees or agents;
3 . Any and all claims and demands which may be made against City,
- 28
Laguna Lake Co. Agreement (Prefumo Creek)
Page Four
its officers, agents, or employees by reason of any injury to
or death of .or damage to property suffered or sustained by any
employee or agent of owner under this agreement, however
caused, excepting, however, any such claims and demands which
are the result of the negligence or willful misconduct of
City, its officers, agents, or employees;
4 . Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the owner.
Owner, at its own cost, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that
may be brought against or for employees on any such claim or
demand of such third persons, or to enforce any such penalty,
and pay and satisfy any judgment or decree that may be
rendered against City,' its officers, agents, or employees in
any such suit, action or other legal proceeding, when same
were due to negligence of the owner.
(F) The prevailing party in any action between the parties to
this agreement brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs and
attorney's fees expended in connection with such an action from the
other party.
3_ z9
Laguna Lake Co. Agreement (Prefumo Creek)
Page Five
IN WITNESS WHEREOF, this agreement has been executed by:
OWNER:
THE LAGUNA LAKE COMPANY, a
California General Partnership
BY:
General Partner
BY:
General Partner
APPROVED: City of San Luis Obispo
MAYOR Peg Pinard
ATTEST:
CITY CLERK Diane Gladwell
(ATTACH APPROPRIATE NOTARY CERTIFICATES)
G: \WP51\DReview\LagAgree.wp
3 -30
EXHIBIT A
LEGAL DESCRIPTION OF LAGUNA LAKE MOBILE ESTATES
Parcel 1: Parcel A of Minor Subdivision 78-250, recorded in Book 28 of
Parcel Maps at Page 67, in the Office of the San Luis Obispo
County Recorder, State of California.
Parcel 2 : Parcel 1 of Minor Subdivision 87-046, recorded in Book 45 at
Page 13 of Parcel Maps in the Office of the San Luis Obispo
County Recorder, State of California.
3-3i
C o • SZ k
z
Q4 E ''"•.='c-:� err ..:-���'ae+-
Wl
a till
I / Y
g .ate as a� .fir ` `�'•, � 1 Esq..
8� � _ • / .��:..,• fir. '1Ib
$ y, P' �$`3-i/�`n�l R`�S' '`S- $j'nl'• -� �' ftgaR C-2 •�h ri '
4t83 • Or
:�� x } `�;�9 ��j '' 1 ^,� . ■' 4 /'"" ..�— o .&+�
R, �) •la �1l. ' $J$� n. n1 ,' : =•�7��.ats� L %-='rte==�• •'^> G
ILA
rn
hS 2 S • w n w
Ri
a`�<'� � �,'� 1 iii}``�'�•.N�9��Vs� �i !� �' 1i�9o��¢ / '• �°IM:•..` � , 7?..7''
At wi, Ar
wj
It
14
CC S'
n � \ �/ g'�ijf4. wYAs'!!'Y \ ,,\"N.t!'!3'L•F'r �r ���
8; 8 ask 1 ./• '•' � w�r/J'L'�S = I�
LOS OSOSVALLEI' ,'j' ` °a4'' : T7—.v.�
q R pp
ROAD
I A t
_ _ y,
>3tie; RIR 'Z1
o
aLo
4
T w
4• � rti. n
a e Pt aram�$
IZZ
46 M o •y
N M O
:r4fe 4/ 0 p
3-3?
a�
Mo
x :y
y y
•b 1 Z l
x c / Zi C
$� ;I r � Vg Z � r �•r. L"�S'^.�Mo.T o•r.,�o�r�•.r v. i
�: r a .a aa�aa •�t�: �e •� a �
Z 1•_ . �4 i n n n�n<n n n A �I< s < s < n r s als AI� N
Ir Z::11=6
r t Y
b �s y '•.
I �
a
z x
a� a
� x Ixv
y
I a •� I
Zia. O r
a
. a z
-c
3
� 1x 0 �Cj•� a
s � �
o � �
CID � N
o
co
s r �
e
r
,tory-• r.fo.fL.tr n
;A n
L_
3 - 31
92 ^iC` '9 '..:C. E3ItJE�?I'43 TSI Fa�:9 5-541-=137 -='E.3 =G?
EX I-4 IS IT C
DEPARTMENT OF THE`ARMY
P.O.LOS ANOLL11 DISTRICT.COMPS OF Box 7711
LON CALWO&NIA 0 &&2ni
July 261 1992
RCp:7T0
♦TTCNTiOW Of:
office of the Chief
Regulatory Branch
Pander Properties
c/o Ben L. Maddalena
396 Buckley Road
san Luis Obispo, California 93401
Gentlemen:
This is in reply to your application (No. 92-535-W) dated
June 19, 1992 for a Department of the Army Permit to perform bank
stabilization measures which includes grading and slope rounding,
rock slope protection, placing filter fabric, backfilling, and
revegetating the slope. The project site is located at Perfumo
Creek, approximately 200 ft upstream of Laguna Lake, in the City
and County of San Luis Obispo, California.
Regulations for our permit program, published in the Federal
Register, include Part 330 - Nationwide Permits (see the
enclosure) . The Corps of Engineers has determined that your
proposed activity complies with the terms and conditions of the
nationwide permit at 33 CFR Part 330, Appendix A(B) (13) for bank
stabilization activities necessary for erosion prevention as
listed in the enclosure.
As long as you comply with the nationwide permit conditions
described in Part 330, Appendix A (C) and the attached special
conditions an individual permit is not required. This letter of
verification is valid for a period not to exceed two years unless
the nationwide permit is modified, reissued, or revoked before
that time. it is incumbent upon you to remain informed of
changes to the nationwide permits.
A nationwide permit does not grant any property rights or
exclusive privileges. Also, it does not authorize any injury to
the property or rights of others or authorize interference with
RUC-03-'92 MON 10:3.9 ID:C. ENGINEERING TEL N0:805-541-3137 ]260 P03
-Z-
any existing or proposed Federal project. Furthermore, it does
not obviate the need to obtain other Federal, state, or local
authorizations required by law.
If you have any questions please contact Mike Jewell of my
staff at (805) 641-1127.
Sincerely,
A�'11 d
David J. Castanon
chief, North Section
Enclosure
3_ 3S
i
i
SPECIAL CONDITIONS FOR #92-535-110
1. The p
ermittes shall submit a final revegetation pian to the
Corps of Engineers within 3 months of the date of this
ers of
authorization. The plan shall include the types and numb
plant species to be used, a general planting and irrigation
scheme, and a maintenance/monitoring program. This plan must be
re any bank stabilization work begins.
approved by the Corps befo
2. The permittee shall submit an annual report to the Army Corps f
of En ineers every January 1 of each year for three years after
ing. This report shall include photographs of the
plantboth
mitigation site, plant scriptional softcontinuingimaintenance, tame
and shrub species, a description
andcnewimitigati nlmeasuresems cshouldiated wany aspect(s)ith cofmthe
toring,
mitigation fail.
3- 36
HUG-31-'92 MON 13:29 I D:C. C. tN:LjI Nath I N:u itL
RECEIVED
DEPARTMENT OF THE ARMY
LO Awnnrl bib?RiOT.CORP r Of rwoIwrr AS
P.O.box IN N
►o•Awarur.uuroRwu rooua»r
60 REftirTO
AUG 271992 ATTENTiOM 01_
Office of the Chief ,ATTACHMENT
Regulatory Branch
7
Pendar Propartiac
c/o Central coast Emgineering
Attention: John Marchetti
396 Buckley Road
San Luis Obispo, California 93401
Dear Mr. Marchetti:
Reference is made to your letter dated August 24 , 1992 which
outlines a slope revegetation plan for bank stabilization in
Perfumo Creak, San Luis Obispo County, California. You were
required to submit this plan to the Corps for review and approval
per Condition 1 of your nationwide permit authorization (File
92-535-MJ) .
Based on the documentation you submitted, the corps of
Engineers grants approval of the aformentioned mitigation plan.
If you have any questions, please contact Mike Jewell of my
staff at (805) 641-1127.
Sincerely,
David J. Castanon
Chief, Regulatroy Branch
cF: Mike Pender
2760 East Spring Street, Suite 200
Long Beach, California 90806
3 -37
STATE OF CALIFORNIA-THE RESOURCES AGEN
DEPARTMENT OF FISH AND. GAME
POST OFFICE BOX 97
YOUNTVILI E, CALIFORNIA 94599 .
(7GJ) 9u-5507 ..
RECEIVED MAY. � 31992
CENTRAL COAST ENGI;NEER,ING
# 396 BUCKLEY RD''
SAN LUIS OBISPO CA 93401
F
Notification No. 1118-91/92
Date Received 5/7/92
THP 'lumber
We have received your 'Notification. of proposed operations on
Prefumo Creek of SLO
County.
Your proposed operation has been assigned to a Departmental representative
who will contact you within 30 days from the. above date.
Under provisions of the Fish and Game Code,
proposed project until the you may 'begin work_ on
your
- Pzrtmenthascon .ucte an.inspectionand
its
reconmen or if an_agreeaent._cannut be reache_d,�the__decision_ of an
arbitration panel)rhave been incorporated into your project.
These provisions of the Fish and Came Code are intended to•protect and
conserve California's fish and wildlife resources.
If you have- any questions regarding this Notification, please feel free to
give me a call at (707)f '944-5546.
Sincerely,
Kay e' L. c�
;Office Technician c�
Region .3 c^o
0
!J
J
LIJ
U
3-35
Notification No. !il ','ri rte--l']iP No.----
AGREEMENT
o. --AGREEMENT REI, .,DING PROPOSED STREAM 0. ..iKE ALTERATION F tg33
THl �G E ?,1ENT�,n���roipto l et leen the?S1 gf 1 nlif� , Department of Fish and Came,hereinafter ca]led the Department,
.a.1ty r ff' �L
7:4,� relate of CA11192LALH ,hereinafter called the operator, is as follows:
'.' EREAS, pursuant to Division `7 Chapter 6 of California Fish and Game Code, the operator, on the day of
19 , notified the Department that he intends to substantially divert or obstruct.the Tiatt}'ral flo..•�, or substantially change the bed,
channel of}ank o�o,�use material from the streambed of, the following water. /'�< �// rr� ���f �� , in the County of
j�•i,-i jun` !f1�✓f/ :State of California,S T —,/� R —
.�V �S, the Department (repre enn1t,�d by e,f{4L2 C has made an t�;�ction of subject area on the
I'-day of ' r ' n v 19 !. and)ba de ermined that
such op�r tions may substantially advgrse_ly of fect existi g, isb and,w,ildlife res urces in�lydi
ii`1%Tn IF'�✓t^ 7�
THEREFORE, the Department hereby proposes measures to protect fish a d it fe in operator's work. The cperator hereby
agrees to accept the following recommendations as part of his work: Numbers. q N 7
from the list of recommendations on the back of this page and the following special recom6endletions 1 /
1. All work in or near the stream or lake shall be confined to the period Ll 9 ? a7 IS i
2) AIi _ li)712t( fll ( r7� 1 -fD Y �f�l ! �7 1
C IM r-)% 'I LL Cy°•16 1 } —.
` _ r
{ l/ - _ 'i i-:'t } tom!' A&)-
-7
L41
ra- t t' 7:44 ! i ll' 1 - 1
1 7; (�1 '-r (/I t /1 ► I / r f
;..,
The operator, as designated by the signature on this agreement,shall be responsible for the execution of all elements of this agreement
A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site
If the operator's w6rk changes from that stated in the notification specified'abo've, this agreement is no longer valid and a nev
notification shall be submitted to the Department of Fish and Came. Failure to comply with the provisions of this agreement and with othe
pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650,5652 and 5945, may result in prosecution.
Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibilit,
for compliance with applicable federal,state,or local laws or ordinances
THIS AGREEMENT IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT
FEATURES BY THE DEPARTMENT OF FISH AND CAME INDEPENDENT REVIEW AND RECOMMENDATIONS WILI
BE PROVIDED BY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, Of
FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED. t
This agreement ecomes effective on 1^1��� 1 �1 >T� �'t� r�J OFj� I r! _ l J
/Operator �� {',/t Cd - (�, �ii�•1 �
.. Deparn1Cnt Aepreeniative
le i c.��r '— �— Title
J � c
Organization ! "� ��'�� '��`�� r '� Department of Fish and Game. State of Californi,
Date — Date
3- 39
2-
'If inspection was not made•cross out,.ords within parenthe to 1060(547) 27 nc
i
L ' MOBILE ESTATES
CA%. '. 5L:s CS SPO.CA.L. .S .° . ....
ATTACHME.'s .d
May 13, 1993 8
Mi4V 1 -4 VA
Pam Ricci
Associate Planner
CITY OF SAN LUIS OBISPO
955 Morro Street
San Luis Obispo, California 93401
Re: Laguna Lake Alobile Estates
Land Exchange Requirement
(Playground Area)
Dear Pam:
As you are aware, City Council has required us to build a new playground area within the
mobilehome park as a condition to completing the land exchange between the City owned
strip of golf course land and the creek/open space area now owned by Laguna Lake
Company. Recently, while we were securing plans and bids for the new playground, many
Park residents contacted us and communicated their concerns. We were informed that a
great majority of residents were not in favor of the playground for various reasons and did
not understand why it was being required by the City in what is, predominantly, a senior
community. We were urged to conduct a survey of the Park residents.
About this time, it occurred to us that we should talk to our insurance agent about the
playground. The casualty industry has been turbulent over the past few _years. But
specifically, the mobilehome park casualty business has been especially affected. Very few
carriers provide insurance for mobilehome parks and future prospects are not promising.
We were informed that if one claim was filed which was deemed the fault of the playground
or its equipment, our policy would probably be canceled and we would have great difficulty
in obtaining liability insurance on a future basis. If available, it would be more expensive
which would result in a pass-through to all Park tenants.
u�a;.si_os��a
3-�0
Ms. Pam Ricci
May 13, 1993
Page 2
We then checked our records to ascertain how many children live in the Park and how many
would benefit from the proposed playground. There are 17 children living in the Park
ranging from four months to 19 years of age. Eleven (11) children are age 12 or younger.
After compiling the above information, we decided to conduct a survey of all mobilehome
owners in the Park. We provided a letter reciting the facts surrounding the playground
(sample enclosed) and provided completed names and addresses for all registered owners
in an attempt to elicit everyone's opinion, even if the mobilehome owners' votes conflicted
within the same residence. All ballots were numbered to make sure there was no
duplication. The letters and ballots were distributed in sealed envelopes to all mobilehome
owners on April 26, 1993 and April 27, 1993 prior to the normal rent payment period at the
first of May. We collected ballots up to May 6th in order to obtain as large a response as
possible.
As of May 6, 1993, we received 204 ballots out of a possible 290 mobilehomes in the Park
(70.3%). The responses, which are reported on a household basis and are also enclosed
with this correspondence, are as follows:
Against the Playground For the Plaveround Conflicting Vote
172 31 1*
*T77e .nvo mobilehome owners in this household voted on each side of the issue.
This indicates that an overwhelming 84.3% of respondents voted against the playground.
The will of the Park has been established regarding this issue which affects the residents
whether or not the proposed conversion is approved. Also, given the facts that the
playground benefits a very small percentage of the Park households, and it presents a clear
risk to our future insurance coverage (or the Homeowners Association should the Park be
converted), we respectfully request that the requirement for the construction of the
playground be removed by City Council as a condition of the land exchange.
num..<i.:asr_a+
Ms. Pam Ricci
May 13, 1993
Page 3
Therefore, we request that you calendar us on the next available City Council meeting to
bring the land exchange issue to closure. In this meeting we hope to deal with any and all
outstanding land exchange issues so that we can finally get this very protracted transaction
behind us.
Very truly yours,
LAGUNA LAKE COMPANY
Robert J. Hedley
Managing Partner
RJH:gkh
cc: Gary Collister
Collister-Pender Properties, Inc.
mansrosr9+
3 ua .
MOBIL>'OTATES4
�4 00 CAN�CV D SP.v __ 5 GK'S?O. Ci..= c3-
April 226, 1993
Ballot Number
-----------------------
-----------------------
From: Laguna Lake Company
Collister - Pender Properties
Subject: Playground Vote
Some residents of the park requested of the City Council , a
playground for the children who are permanent residents of the
park. As a result, the City Council has required Laauna Lake Co.
to build a playground as a condition of the land exchange between
the golf course and creek areas.
In checking our records our children range in age, from 4 months
to 19 years of age, with 11 children being age 12' or younger.
We have been advised by our insurance company that our insurance
premiums will not initially increase as a result of constructing
the playground. However, if we get one ( 1 ) claim, and it is
deemed the fault of the playground or its equipment, our policy
will probably be canceled. Upon this occurrence, we have been
told that it would be very difficult to obtain any liability
insurance from then on. If available, the insurance would be
expensive which would result in a pass-through to all park resi -
dents. This situation would exist whether or not the park is
converted.
Consider when you vote, we are trying to ascertain every mobile-
home owners preference, and would appreciate your vote, and
receiving the completed ballots in the park office by 4PM, Mon-
day, May 3, 1993.
If the voting supports the playground, we will continue with our
plans to construct it.
If the voting is against the playground, we will appeal to remove
the requirement of constructing it to the City Council .
3- V.3
�....v �.n .i'v�• rtJ. • rA . ....J v::..'r v.l..i�..r. Y.i-..� • 16..:.i :�-J :.J J.,
APRIL 2E. 1993 PLAYGROUND VOTE
-- ------- I/We are IN favor of the playground-
----------
layground-___------ I/We are NOT in favor of the playground
----------------------------- -------------------------------
signature date signature date
----------------------------- ------------------------------
name name
----------------------------- ------------------------------
address address
BALLOT NUMBER:
3- 4«
j�1Ini• 'ill ......i,...... .. ..
lllililll�� l�ll���Illl i;jj lll�'i;C�i�iayl.;lli Kalil
ty p
�- 955 Morro Street • Sen Luis Obispo, CA 93401
December 17 , 1992ATTACH � �
irk'*
L. Sue Loftin
California Park Properties, Inc.
5220 Pacific Concourse Drive, Suite 160 9
Los Angeles, CA 90045
Subject: Prefumo Creek Improvements at Laguna Lake
Mobilehome Park (MS 91-019 & Tract 2030)
Dear Sue,
This is to acknowledge that City staff finds that the above-
mentioned creek repair work has been satisfactorily completed, in
accordance with the approved plans. The California Department of
Fish & Game representative, Eric Wang, indicated his acceptance of
the work during a field inspection on November 10, 1992 , subject to
minor repairs and replacement of plant materials, partially due to
deer eating certain plants.
Protective baskets were subsequently placed over all of the
affected plants in order to provide for their survival during the
three (3) year establishment and monitoring period, in accordance
with the U. S. Army Corps of Engineers permit. (This period begins
January 1, 1993)
As you stated in your letter dated May 22 , 1991, you intend to
pursue the land exchange with the City (under the lot line
adjustment) in conjunction with approval of a "final" tract map for
the proposed condominium conversion, if approved.
An agreement will be necessary at that time, which specifically
sets forth the property owner's responsibilities for performing the
conditions specified in the Corps of Engineers permit. Staff will
recommend to the City Council that the City not accept those
conditions. A Letter of Credit or Assigned CD will be necessary to
guarantee completion of the respective items, estimated to be ten
thousand ($ 10, 000. 00) dollars.
L. Sue Lofton (Prefumo Channel)
December 18 , 1992
Page Two
If you have any questions regarding this matter, please contact me
at (805) 781-7194.
Yours truly,
WAYNE A. PETERSON
ACTING PUBLIC WORKS DIRECTOR
Gerald W. Kenny
Supervising Civil Engineer
c: Jeff Jorgensen
rPam:Ricci :
'J Marchetti (CCE)
Craig Beecham
R Pitt
HB/MB files
G: \WP51\DReview\TR2038.wp
�� IIIIIII ► IIIIII ► tuis'
�► IIIIII� I city ® sAn oBispo
y
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
MEMORANDUM
MEETING AGENDA
September 3, 1993 DATE STEM #
TO: Honorable Mayor and City Council
VIA: John Dunn, City Administrative Officer
, ATBYFROM: Arnold Jonas, Community Development Director 5, ,4J—
BY-
: Pam Ricci, Associate Planner FK
SUBJECT: Council Agenda Report for September 7, 1993 Meeting on
Laguna Lake Mobile Estates Property Exchange
Councilman Romero pointed out that a heading and portion of a paragraph were missing
from the top of Page 4 of the referenced report, numbered Page 3-4 in the Council's agenda
packet. The missing text should read:
2. Children's Play Area
A formal children's play area used to exist across the creek from the mobile home park on
a portion of the property offered for exchange. The play area was shown on the original
plans...
This additional text should place the paragraph in the proper context.
In addition, staff notes that there was a duplication in language (items a. and b. printed
twice) on the top of Page 6 of the staff report with the reprinting of the document.
�OUNCIL CDD DIR
Q CAO ❑ FIN DIR
IYACAO ❑ FIRE CHIEF
f�ATTORNEY ❑ PIN DIR
W- LERWORIG ❑ POLICE CHF
❑ MGMTTEAM-- ❑ REC DIR -- -- ----
-- - ❑ C READ FILE ❑ UTIL DIR
gr-FLLe ❑ PERS DIR
/O The City of San Luis Obispo is committed to include the disabled in all of its s
v� Telecommunications.Device for the Deaf(805) 781-7410.