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HomeMy WebLinkAbout09/22/1972MINUTES SPECIAL CALLED MEET114G OF THE CITY COUIJCIL CITY OF SAN LUIS OBISPO, CALIFORNIA September 22, 1972 - 5:00 P. M. City Hall Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: R. D. Miller, Administrative Officer; A. J. Shaw, City Attorney; D. F. Romero, City Engineeri R. D. Young, Planning Director. ---------------------------------------------------------7------------ The Council met at 5:15 P. M. in emergency session upon approximately two hours notice. All five Councilmen were present. Three members of the news media were present, and all parties requesting notification of Council meetings had been notified. The meeting was called by the Mayor at the request of Councilman Gurnee for the discussion of one issue of an emergency nature; namely, whether or not massive grading, filling and stockpiling operations then in progress upon French Hospital property under a City permit were contrary to City requirements and whether or not they should be halted at once before further damage was done. Attorney Charles French and Bob Williams, engineer for the French Hospital development, were present. Mayor Schwartz opened the meeting by asking D. F. Romero, City Engineer, to review the history of this grading operation. D. F. Romero stated that two grading permits were granted to the French Hospital Corporation in mid -1971 totalling 123,000 cubic yards. The first permit was granted June 28, 1971, for 43,000 yards of one site grading with the work being done by Jack Foster. No material was to be taken from the hill without prior Council approval. A seconde permit was granted September 16, 1971, to move 80,000 yards from Terrace Hill to the hospital site. Later, a slide condition developed with official note being taken by State geologists. Mr. Romero called this to Mr. William's attention and asked for repair, in a letter dated February 15, 1972. On September 13, 1972, the French corporation started work on the slide without a permit and the public works department halted the work:. On September 19, 1972, a grading plan was submitted for the moving of 5,000 yards and a permit was granted. In Mr. Romero's opinion, the work would not create environmental damage. Some material was also being moved from the hospital site to the rear of the hospital along with material from the hill, under the extended permit. Initial grading operations last year had left a thirty -foot bank. This grading would create a two to one slope. Mavor Schwartz asked Councilman Gurnee for his comments. Councilman Gurnee stated he had just discovered the grading operation. The tree committee, of which he was a member, had discussed the matter earlier in the week and had approved removal of some trees if a grading permit was approved. Substitute trees were to be planted. Mr. Gurnee had voted against the proposal. In any event, he was more concerned at that time, with the loss of the trees than any grading. He stated he should have asked the City Engineer about the grading at that time. City Council Minutes September 22, 1972 Page 2 Councilman Gurnee was concerned that the City Engineer did not feel enough of an impact to refer the matter to the Planning Commission. He also felt the grading operation and permit might be in violation of the planned development ordinance. He was distressed about the absence of notice to the Council and the fact that plans for the new development behind the hospital were only in the preliminary stage. He did not wish to argue about remedying of the slide area, but objected to depositing the fill material on a site which did not have a precise plan. R. D. Young, Planning Director, stated the grading operation was separate from the planned development. He said that Mr. Romero had discussed with the Planning Commission the fact that grading would occur. Councilman Gurnee stated that this was a good example of how impotent the Planned Development Ordinance was. Councilman Blake disagreed. Councilman Brown said that the Council had delegated to the Engineer, the right to determine whether or not the environmental impact was great. _... Councilman Gurnee said that this had been a mistake. Councilman Blake said the work was being done under a valid grading permit and did not feel that it abrogated the planned development procedures. Councilman Brown agreed. Councilman Gurnee stated he did not feel the City Engineer should be making environmental decisions and that there appeared to be a lack of coordination between the City Engineer and City Planner. Mayor Schwartz stated his main concern was the loss of faith to the public. There had been no chance for the public to participate in plans for the new development. In answer to a question, City Attorney Shaw said he felt the grading should really await the development and approval of a precise plan. In other words, he felt that planned development rezoning ordinances controlled over grading permit ordinances. Charles French said he really didn't want to fir, the slide area. It was costing him a lot of money, and he certainly didn't want to place this material on another part of the hill. He had selected a site for deposit of the fill which did not front on other residential properties. After further discussion, Councilman Gurnee made a motion to put an immediated stop order on the grading permit, pending a hearing on the planned development. Motion died for lack of a second. Councilman Blake moved that the grading permit be allowed to continue with the understanding that the developer was proceeding at his own risk in view of the fact that the fill created might not conform to the terms of the precise plan which would be finally approved at some time in the future. Mayor Schwartz seconded the motion. Mayor Schwartz said he felt the Planning Commission should consider the question of making grading plans a mandatory part of any preliminary plan development plan. City Council Minutes September 22, 1972 Page 3 Motion carried on the following roll call vote: AYES: Emmons Blake, John C.'Brown, Myron Graham, Kenneth E. Schwartz NOES: T. Keith Gurnee ABSENT: None I The meeting was adjourned at approximately 6:30 P. M. APPROVED: November 6, 1972 Richard D. Miller, City C e k Pro Tem FJ 11