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HomeMy WebLinkAbout08/15/1978M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 15, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: R.D. Miller, Administrative Officer /City Clerk Pro -Tem; Allen Grimes, City Attorney; Henry Engen, Director of Community Development; Dan Smith, Senior Planner; Terry Sanville, Associate Planner; Wayne Peterson, City Engineer; Richard Minor, Fire Chief; Mike Park, Fire Marshal; D.F. Romero, Director of Public Services; Pam Voges, Recording Secretary 1. The City Council held a public hearing to consider the extension of an interim urgency.ordinance to require use permits for C -H zone uses (service - commercial) in the M (industrial) zone. Henry Engen, Director of Community Development, explained that the Interim Urgency Ordinance No. 752 adopted by the City Council required a use permit for C -H uses in M and M/R districts in the City of San Luis Obispo and expired on August 18, 1978. This ordinance would be effective for an additional eight- ' month period. He stated staff and Planning Commission were still studying appropriate permanent standards and regulations for C -H uses in the M and M/R zones. Therefore, staff recommended to the City Council, pursuant to the California Government Code.65858, to adopt,the ordinance extending the Interim Urgency Ordinance for a period of eight months. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded.by.Councilman Jorgensen, the following ordinance was introduced and finally adopted: Ordinance No. 771 (1978 Series) an interim ordinance of the City of San Luis Obispo extending Urgency Ordinance No. 752 related to the amendment to the Municipal Code to require a use permit for C -H (service - commercial) uses allowed in M and M/R (manufacturing) districts in the City of San Luis Obispo for an additional eight -month period. Introduced and finally.passed on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz NOES: Councilman Dunin ABSENT: None 2. - The City Council held a public hearing to hear an appeal by Jonathan Lindenthaler of a Planning Commission decision to deny his request to rezone 871 and 873 Toro Street from R -2 to P0. Dan Smith, Senior Planner, briefly outlined the history of the project for the Council. He stated that applicant, Jack Westerman, was requesting amendment to the zoning ordinance to rezone property on Toro Street between Palm and Mill Streets from R -2, medium- density - residential to P0, professional office. He was asking for a zone.change so that the parcel could accommodate a parking lot for a proposed new office building on the adjacent parcel at the corner of Palm and Toro Streets. The parcel presently was developed with a duplex City Council Minutes: August 15, 1978 Page 2 apartment. Amendments to-the zone map.must be consistent with the General Plan. Although the General Plan showed.the..applicant ` s property as medium- density- residential, the.boundary.line was next to his property and there was some room for interpretation as to where the zone boundary should be established to meet the intent of the plan. In this case, the boundary on the General Plan separated the professional office area from medium- density - residential on the west side of Toro Street at a point mid- block',between.Palm and Toro Streets. .Taken literally, the zone boundary was precisely consistent with the General Plan map. To change the zone boundary, aninterpretation was necessary to determine what was the intent of the General Plan and what would be the.most appropriate boundary between the office and residential uses. Staff had the following comments: 1) The most logical.location for the R -2 - PO zone boundary continued to be at its present location. The General Plan, land use element's intent was to designate both sides of a local street, where possible, with the same designation: It would minimize land use conflicts and limit the mixture of commercial and residential traffic. 2) This was an essentially a residential neighborhood. To encourage addi- tional office.ldevelopment along Toro Street, would encourage more traffic. 3) The need for the ,city to retain its existing housing stock. This type of older housing '.helps to meet the housing needs of younger, middle- income households. 4) Approval of thislrequest would put pressure on the remaining lots along both sides of ;Toro Street to develop with office uses. The Planning Comm'i'ssion, by a vote of six to one had passed a resolution to deny the zone change request. The Commission.and staff therefore-recommended the City Council deny.,the request for a ;zone change. Mayor Schwartz declared the public hearing open. Jonathan Lindentha'ler, representing Jack Westerman, spoke on behalf of his client and in support of the requested rezoning. .He objected to the staff interpretation of the zoning boundary. He stated he wanted to use the requested rezoned property to accommodate parking for his proposed office building on the adjoining parcel. If he could not get this piece of property rezoned, he would be.- forced to make his proposed office building smaller to accommodate the required parking on the other lot. In a'letter to the city dated July 24, 1978 he objected to theidenial for the following reasons: 1) The present zone boundary divided the property owned by his client making the development of the PO property a hardship. The rezoning would allow room for a +6000 sq.ft. office building as compared to only +4000 sq.ft.. office building if the zoning were not allowed. 2) The mixture ofi, commercial traffic would essentially be the same with the larger building since the parking entrance was on Toro Street in both schemes. This plan would not encourage more traffic to use Toro Street for freeway access for the,same reason. i 3) The statement that this project would eliminate.i..Uvaluable housing � - resource -. -was 'ridiculous. The units were only two small one bedroom apartments that at 50+ years old have seen their day. 4) There was other office development on the opposite corner and the corner across Palm Street. In addition, the rest of Palm Street toward Santa Rosa wasto'be offices. 5) Basically all.ihat.was being requested was to allow the parking for the proposed office building to extend onto the adjacent lot. City Council Minutes August 15, 1978 Page 3 Charles.Andrews, Chairman of.the Planning Commission, stated that the primary concern of the-Commission-was to.preserve this kind of affordable housing. Mayor Schwartz..closed..the public hearing. Councilman Settle stated he-agreed with the Planning Commission's recommendation and would support denial.of..the appeal. Councilman Dunin - stated he -also would support the Planning Commission recommend- ation to deny the appeal. Councilman Petterson.disagreed with the Planning Commission's recommendation. He felt that the.General Plan.was being used as a specific plan with no flex - ibility.to develop a piece of property to a better use. He felt this property would accommodate several uses and felt the city had enough controls to insure reasonable development.-of-this property if rezoned and he could not, therefore, support the Planning - Commission's decision to.deny.the rezoning. Councilman Jorgensen stated he supported the Planning Commission and staff recommendation. On motion of.Councilman.Jorgensen, seconded by Councilman Settle, the following resolution was introduced:. Resolution No. 3643 (1978 Series), a resolution of the Council of-the City of.San.Luis Obispo denying rezoning request of property at 871 and.873..Toro.Street.from R -2 to P0. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin,..Jorgensen,.Settle and Mayor Schwartz . .NOES:..Councilman.Petterson -,ABSENT:.. None 3. At this.time.the.City:.Council held.a public hearing on.the recommendation of the Planning Commission to consider a proposed amendment to the zoning ordinance regulating the number of unrelated individuals permitted in.a dwelling. Councilman Petterson stepped down from the:Council table due -to a possible .conflict.of interest.. Henry Engen, Director of Community Development, stated that this was a report back from-the-Planning Commission as- requested by the City Council on July 18th. The Commission.considered_ the referred alternative and endorsed.the.general approach but recommended..refinements as listed: The Commission recommended passing to print and-adoption of the amendment to the zoning ordinance which differed from the referred modified Alternate II -A (see minutes of July 18, 1978).in the following particulars: 1) Deleted the.occupancy.affidavit requirement for four.unrelated persons in a two or more bedroom unit in multi - family districts. 2) Authorized _Board..of..Adjustments to modify the parking space requirements for five_unrelated_person_ occupancies. 3) Required formal.complaints _ to.be filed prior to enabling Fire, Community of Development-or Health - Department.inspections for five unrelated person occupancies. He stated the.Commission.considered establishing occupancy affidavits as the required permit.for five unrelated person occupancies in multiple family districts but opted.to.require.a Board of- Adjustments permit instead. Their reasons .included a desire to provide more careful consideration..of each.application through staff field investigation and Board hearings together with author- izing the Board-of-Adjustments to modify parking spaces requirements.--In addition, the Commission also felt that a strong enforcement program would be vital to the effectiveness of the proposed amendment. City Council Minutes August 15, 1978 Page 4 He also submitted;an_ analysis of the costs to.implement this ordinance to cover the additional permits, etc. involved. It was estimated that it would take one half of a planning technician and one.half of a clerk - typist II to process the volume of.work_generated by the Planning Commission's recommended zoning amendment.', Temporary positions were proposed, in.that the permits would run with the property and not require re- application. Costs for those temporary positions, including departmental overhead, would be $16,700. To recover solely.departmental _ costs..for processing fees.would be re- structured . from the current $10:00 fee to $100.00. This matter.brought.into question the current fee schedules for Board of Adjustment.use permits-($10.00) and Planning.Commission use permits ($100.00). In 1975 the Department advised that $215..00 was the actual typical cost of processing a Planning Commission use permit but recommended $100.00 as a reasonable increase over the $10.00 fee existing at that time. He supported the concept of establishing fees to.cover the actual costs of a given entitle- ment. It was his recommendation that if.the Council were to pass the three -plus amendment ordinance, that they also. do the following: 1) Fund the Community Development Department an additional $17,000 for salaries and related costs for the two six -month positions needed. 2) Direct the Community Development Department to prepare proposed amendments to the city's ::fee resolution to increase fees to $100 for Board of Adjust- ment use permits together with updating all other permit fees processed by their department. Allen Grimes, City Attorney, expressed concern over.possible legal conflicts involved with the 'ordinance in attempting to ascertain.the marital status to determine whether or not an applicant would meet the dwelling unit occupancy limit. He cited several Supreme and lower court decisions and stated, that in his opinion ,_.th'e.proposed.ordinance would..meet the legal tests.if tried. Richard Minor, Fire Chief, expressed concern of one of the requirements modified by the Planning Commission dealing with the authority of the Fire Department to'in,spect units with more than four individuals. Require- ment 2.b.3. read. "The, owner shall permit.Fire Department, Community Develop- ment Department and Health Department inspections upon reasonable notification after receipt of.a, formal complaint." To wait until a formal complaint had been received would -bring up a'number of problems. The Fire Department's experience had been.that complaints from the neighborhood were based primarily on exterior problems-such as noise, parking, etc. The majority of the problems involved in these occupancies would be the interior, i.e. blocked exit ways, misuse of heating equipment, poor condition of appliances, unsafe storage, etc. He urged the Council to amend the condition as originally proposed. Charles Andrews, Planning Commission Chairman, stated that.this particular condition had not been.specifically discussed by the Planning Commission, stated he thought the Fire Chief's comments were valid and was sure the Planning Commission would not be.opposed.to.amending it. i Councilman Jorgensen stated he was concerned with adopting a fee structure on a piece meal basis and.would like to see an overall fee resolution introduced prior the effective date',of, this ordinance if adopted. Charles Andrews stated this had also been.a concern of the.Planning Commission and hoped this would.-be-resolved by the effective date of the ordinance. Joe Arsenio, Chairman.of the City -Cal Poly Housing Ad Hoc Committee, stated that the Committee',did support the Planning Commission recommendation to adopt this ordinance and was pleased that they Commission had used many of the Ad Hoc Committee's recommendations. Mayor.Schwartz declared the public hearing open. Peter Darnton, 5701Peach Street and President of the Homeowner's Association, spoke in support of the proposed ordinance and urged Council adoption. City Council Minutes August' 15; 1978 Page 5 Sheryl.Russell,.20.Chorro Street, spoke.on- behalf- of..the..Associated Students of Cal Poly, stating that, although they were not opposed to -this ordinance per se, they did not. feel.. that ..the.- ordinance.addressed.the problem they had been concerned with, namely, allowing more than three unrelated persons to live in R -1 zones. Claire Andrews,.representing the California..Association.of Realtors, ' stated she was.concerned..with.the protection -of the realtor and property owner.. She_felt.that_the proposed ordinance was in violation of the Health and Safety Code, Section 35700 and would in essence be putting the realtor and property manager "between a rock and a hard place" in that they could be sued.by.the Fair.Employment Practice Commission if they complied with this ordinance in violation of the -FEPC anti - discrimination provisions. Walt - Lambert, member of..the...City -Cal Poly :Housing.Ad..Hoc_Committee, also. - felt the proposed ordinance might_be...illegal and cited the Rumford Act which said in effect that a landlord could not ask the marital status of a couple wishing -to rent.-He briefly outlined a "Good.-Neighbor Policy" program-he was initiating.and hoped.it would -help promote better relations between the single family homeowner and students. He also stated that he knew of contracts already signed between students-and landlords.for,the coming. fall .(four unrelated people in R -1- dwelling units) and.was.concerned . as.to where it..would..leave these.people if this new ordinance were adopted. Harry Busselin, 807 Skyline Drive and member of the City -Cal Poly Housing Ad Hoc Committee, emphasized.-again that this ordinance was to be- enforced on a.complaint_basis.only and not-used as a witch hunt. Walt Lambert stated that the majority of the Ad Hoc.Committee had supported the Planning Commission recommendations with the exception -of adding the condition recommended by the Fire-Chief to eliminate that part of. -the condi- tion requiring .that..a - formal.complaint be-necessary before entering the premises. Charles DelMartini questioned the proposed fee structure and how it would apply. Charles Andrews,.speaking.as a private citizen, commented on Walt:Lambert's earlier.-statements-regarding contracts previously let between students and landlords for-the coming--fall-quarter of.four.students in R -1 housing.. He stated that.the ordinance now_in.effect..made_that illegal and..therefore any-such con- tracts would be invalid and not binding anyway. Mayor Schwartz declared the public hearing closed. Councilman Jorgensen.felt_the proposed ordinance ..was�.a.reasonable.compromise between both sides.and_ perhaps_ further modifications .could- be- made_.in.time if warranted. He:felt it was.more liberal that the present law in effect. He would support.the Planning Commission .recommendation to allow four in all zones except in R -1. Reluctantly., he.would support-the added conditions giving additional controls by-the Board of Adjustments in zones allowing for four or more people. He also supported dropping.of .the added statement in 2.b.3 "after receipt of a formal.complaint'.'. He was in favor of holding off on setting permit.fees until.an_ overall fee resolution- covering.Community.Development fees could be-adopted. He pointed out also that the ordinance was intended to be enforced-on a complaint basis only and stressed the need for voluntary compliance. He suggested that a continuing advertisement in the Telegram- Tribune be made notifying-the public of this law. Councilman Settle stated he basically agreed..with Councilman Jorgensen's comments and would support the Planning Commission recommendations._ He agreed with the Fire Chief's recommendation and did not wish to have the Fire Department further restricted from.entering premises., Councilman Dunin stated he-would support the Planning Commission recommendation with the exception.to amend -.Item 2.b.3 to.leave. off "after receipt of a formal complaint." Mayor. Schwartz.. stated.. he wasn.:t...entirely satisfied -with the ordinance. as he felt there was.now two definitions of " family" but_he.would_go- .along_with the Planning Commission and.Ad Hoc recommendations.and- support the.ordinance.. City Council Minutes, August 15; 1978 Page 6 On motion of Councilman.Settle, seconded by Councilman Dunin, the following ordinance was introduced:._ Ordinance No. 772 (1978 Series), an ordinance of the City of.San Luis Obispo.amending..Municipal Code Article IX, Chapter 2, Zoning Regulations, establishing a dwelling unit occupancy limit. Introduced and passed to print on the following roll call vote: AYES:.. Councilmen,Dunin, Jorgensen,.-Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson On motion.-of Councilman Jorgensen, seconded by Councilman Dunin, to-investi- gate any-condominiums not covered in Planning Commission recommended ordinance and bring back recommendations on all Community Development fees: Motion carried, all ayes, Councilman Petterson absent. 9:00 p.m. Mayor Schwartz declared a recess. 9:15 p.m. Council reconvened with.all Councilmembers.present. 4. The City..Council.held a.public hearing to consider seven zone changes for consistency with:the General Plan.as amended in.May, 1978 throughout the central.area as follows: A) Palm Street, Pepper to Toro: R -4 to R -3. B) Higuera and Pacific, from Johnson to Pepper: PO to R -2 C) Pismo Street,,,Osos to.Chorro: 'R-4-to R -3. D) Pacific Street, Carmel to Archer: M to C -H. E) Ward and HighStreets: C -N to R -2 F) 735 High Street: R -2 to C -N. G) Bianchi Lane:'. A /C -5 to C -H -S. A) Palm Street,.Pepper.to Toro Terry Sanville, Senior Planner, briefly reviewed the proposed rezoning. He stated the Planning Commission recommended that this property-be rezoned.from R -4 (high - density residential) to R -3 (medium -high density residential). Mayor Schwartz.declared.the public hearing open. Chet Artendale, 1243 Palm Street,.stated he was opposed to the requested rezoning and urged the Council to leave the property zoned R -4. Jeff Trailer,..1352',Palm Street, stated he was opposed to.downgrading this property. He stated he -had been able to contact 22 of 27 neighboring property owners and 21 of the U opposed the rezoning. He stated he had been told by city staff the property was.being rezoned to preserve the architectural char- acter but he felt it would devalue the property and therefore was opposed. Mayor Schwartz declared the public hearing closed. Councilman Petterson did not comment on the proposed rezoning. Councilman Jorgensen stated he would support the Planning Commission recommend- ation to rezone the property R -3. Councilman Settle stated.he agreed with the property owners,-that this property had already been down - zoned.: through .the_General.Plan.hearings.and therefore, could not support.a.further downgrading. Councilman Dunin agreed with Councilman Settle and stated he could not support the Planning Commission-recommendation. Mayor Schwartz stated'he . would support the Planning Commission and staff recommendation to rezone the property. On motion-of Councilman-Dunin,. seconded -by Councilman.Settle, to..deny.the Planning Commission - recommendation and .leave.the..property.zoned.R -4. Motion carried, Councilman Jorgensen and Mayor Schwartz voting no. 1 1 l 1 ii 1 ..-City ... Council Minutes August.15, 1978 Page 7 On motion of.Councilman Settle ,..seconded..by.Councilman Dunin, to refer the matter to staff.to.prepare report for Planning Commission to .consider General Plan amendment.. Motion carried, all ayes.. B) Higuera and-.Pacific,-from Johnson to Pepper Terry Sanville.briefly reported the proposed rezoning and stated the Planning Commission.and.staff_.recommended that this property be rezoned from PO (professional office).to.R -2 (medium- density residential). . Mayor Schwartz declared the public hearing open. Rob Strong made the suggestion that rather than rezoning this property to R -2 that it might be-better to rezone it to RO (residential office). On motion-of Councilman_Jorgensen,, seconded by Mayor Schwartz, to amend the official zone map of the City to rezone the property on Higuera and Pacific Streets between Pepper Street.and Johnson Avenue to R -2 (medium- density residential). Motion.. lost ..on_the.following.roll..call vote: AYES: Councilman Jorgensen and Mayor Schwartz NOES.:_ Councilmen Dunin, Petterson and Mayor Schwartz ABSENT: None On motion.of.Councilman Jorgensen, seconded by Councilman Settle, to refer the matter back.to the.Planning.Commission with staff to..look at the residential density including consideration of RO for consideration of.General Plan amendment. Motion carried,-all ayes. C) Pismo Street., Osos_to Chorro Terry Sanville stated that Planning Commission and staff recommended that the subject property be rezoned.from.R -4 (high- density residential) to R -3 (medium - high.density.residential). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded_by_ Councilman Settle,.._the.following ordinance was introduced: Ordinance-No. 7.73.(1978 Series), an-' ordinance of the City of San Luis Obispo amending the official zone map of the City to rezone property on Pismo Street between Osos and Chorro Streets. Introduced and.passed..to.print on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None D) 'Pacific Street, Carmel:.to Archer Terry Sanville stated that Planning Commission and staff recommended that the subject property be rezoned from M (manufacturing) to.0 -H (service commercial). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion.of Councilman Settle, seconded by Councilman Jorgensen, the following ordinance was introduced:. Ordinance No. 774 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property on Pacific.:Street.between Carmel and Archer Streets. City Council Minutes August 15, 1978 Page 8 Introduced.and passed:.to.print.on.the following-roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None E) Ward..and_High Streets Terry Sanville.briefly reported on'the proposed property rezoning. -He-stated staff and Planning Commission had both recommended that this property be rezoned from C -N (neighborhood commercial) to R -2 (medium- density residential). Mayor Schwartz declared the public hearing open. Edward-Rodriguez, 1727_Chorro Street,.submitted.a letter to the City Council opposing the rezoning of the subject property. He stated in-part "I own three lots in a C -N area and because of its zoning, I have had many.interested buyers seeking to buy those.lots..in the thirty y,ears.I have owned them. But my fore - sight urged.me not-to sell. Now my foresight has proved that Broad Street would become a highway. That my property was a good investment, and well located for most any kind of business. All this history has been taking place while the City Council has been working on a plan to devaluate my property from C -N to R -2." He urged the Council to.reconsider the proposed zoning action. Mayor Schwartz declared the public hearing closed. On motion ._of.Councilman_Petterson, aeconded__by Councilman Settle, the following ordinance was introduced: .Ordinance:No.. 775.(1978 Series), an ordinance of the City of San Luis Obispo amending the official.zone map of the city to rezone property at 2048 Ward Street and 615 High Street. Introduced and passed to print on the following roll call vote: , AYES: Councilmen Dunin, Jorgensen,.Petterson, Settle and Mayor-Schwartz NOES: None ABSENT: None F) 735 High Street Terry Sanville briefly reported on the proposed property rezoning. He stated staff and Planning Commission had both.recommended that this property be rezoned from R -2 (medium- density residential) to C -N (neighborhood-commercial). Mayor Schwartz.declared the public hearing open. Charles..Andrews, Planning. Commission_ .Chairperson,.spoke..in.support of the pro- posed-rezoning. Mayor Schwartz declared the public hearing open. On motion-of Councilman Settle, seconded.by Councilman Jorgensen, the following ordinance was introduced :._Ordinance..No. 776 (1978 Series), an.ordinance of the City of San Luis.Obispo amending..the.official.zone map of.the.city to rezone property at 735 High Street. , Introduced and.passed.to print on the following.roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None City Council Minutes August 15, 1978 Page 9 G) Bianchi.Lane (Madonna Construction) Terry Sanville..briefly..reported -on the.proposed property rezoning. He stated staff .and.Planning.Commission.had recommended_ that. this.. property be rezoned from A /C -5 (agriculture /conservation, five acre-minimum parcel size) to C -H (service commercial). Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed. rezoning._ Mayor..Schwartz:declared.the. public hearing closed. On motion.of..Councilman_Settle, seconded_by Mayor-Schwartz, the following ordinance was. introduced :.__Ordinance.No...7.77 (1978-Series), an-ordinance of the City of.San.Luis --- Obispo amending .the':official.zone.map.of..the city-to rezone property between.Highway.101 and San Luis Creek at Bianchi Lane. Introduced and passed to print on the following roll call vote: AYES: Councilmen.Dunin;.Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None 5. At this time-the City Council held a public hearing on the recommenda -. tion of the Planning-Commission to-adopt a draft-Environmental Impact Report Supplement-for-Tract-592, "The Meadows",. located on the west side of Higuera Street between Los Verdes Park and Creekside Mobile.Home Park-involving an additional 1,800.feet of upstream-creek widening and revised project description (addition of..upstream_ creek widening) for a 92 lot residential subdivision. In addition,.a request from._the 'developer to have the grading permit issued prior to final-map acceptance. ' Henry. Engen, .Community_Development.Director, outlined for the Council, the history to.date of the proposed.development. He:stated.the.developer was proposing to meet city and..Corps..of._Engineer requirements by extending the San Luis Obispo creek - widening.for_.flood- control::purposes an additional 1,80d.feet upstream from the original tract project (which included 3,200 feet of creek - widening). He stated the.tract was approved in February of 1977 including: 1) 3200 feet of downstream creek- widening (to 100 year-storm-standards); and 2) a require - ment to solve, with the Army Corps of Engineers' approval, upstream flooding causing water to inundate.-adjacent mobile home.parks and Tract 592. There had been several ..possible.alternatives.to solve the problem although none were specified at the.time_the tract was approved. The applicant, working with the Corps, found that the most practical long range solution to the upstream flooding was to widen 1800 additional feet of creek upstream similar to that-approved-for the downstream portion:_ This was being proposed.in.lieu of:. _l).channel berming; or 2).recirculation.of water which had jumped.the. creek back into the.main channel. Both of these alternatives did not offer a suitable long-range solution consistent with Zone 9 objectives. The Environmental Review Committee authorized distribution of a supplement to the original project EIR addressing adverse impacts to the added 1800 feet of creek-widening. The ERC was.split as to: 1) require the EIR supplement indicating the same environmental impacts-identified in the original EIR for 3200 feet.-of creek widening;.or 2).find - that the EIR supplement be used as an initial ..environmental...study..to_ justify a finding-that the original ..EIR..suffices..to.identify impacts-. The.ERC opted for 161 above-: and the-supplement-was distributed as an EIR supplement and.scheduled for an August 2, 1978 public hearing before.the Planning Commission. It was felt that the draft EIR supplement was much more comprehensive than the original EIR in that .much of the work with the Department of Fish and Game after the.tract..approval was incorporated as specific mitigation measures. The additional.creek widening.would cause substantial short -term adverse impacts. However,.the..widening of San Luis Creek to 100 year storm standards, especially in the.sparsely developed areas of the lower sections within the' City Council Minutes August 15,1978 Page 10 city, was consistent with Zone 9 objectives thus far `(Zone 9 master plan was pending consideration for adoption while the plan EIR was being prepared). The City. Council had, in recent decisions: 1) approved the lower 3200 feet of creek widening- .and-2).adopted policies:to_preserve.with suitable-setbacks the city's capability to widen Sari Luis'.Creek-to 100:year storm standards. Staff felt that the additional 1800 feet widening in this particular area would be beneficial.given the enormous drainage benefits and the comprehensive miti- gation- measures... to.protect.wi-ldlife :in the creek and ensure reestablishment of the riparian vegetation along the creek as quickly as possible. The Planning.Commission took the following actions: 1) -Recommended that the City Council find that the original project EIR'for Tract 592.was sufficient to describe environmental impacts -for-the change in project description. 2) Determined that the draft.EIR supplement was sufficient to describe environmental impacts of.change in project description.and was prepared consistent with City guidelines. (This recommendation was made to allow both options for the City Council.)' 3) Recommended that the City Council authorize the widening of an additional 1,800 feet of San Luis Creek as a revision to the project description. Dan Smith,: Senior Planner, stated he.had- received a communication from Mary B. Reents, Environmental Report Preparation, who had-prepared the supplemental E.I.R. for Tract 592 and who answered several of the con- cerns expressed•by 1) Melanie Billig,- Planning Commissioner; 2) Environmental Center of San Luis Obispo County; and 3) Department-of Fish and Game-in a seven page report addressed to the Community Development Department and which was a part of tonight's package. Mayor Schwartz.declared the.public:hearing. open to-address the matter of certifying the E.L.R....to..be_ adequate. - Phil Humphrey, representing Cal Coast Construction;-urged the Council's support of finding the supplemental E..I.R.-adequate but rather than making a lengthy report, was available to answer any further questions. Loyal Fitch, 3866 Higuera and.representing the San Lucia Fly Club.,..expressed concern as to what.precautions.were to•.be•taken to prevent siltation and erosion that:could be done if the.project were approved.-- He was-also concerned that the siltation.would prevent spawning of the steel head trout now there. He summed up his feelings by saying "to avoid flooding, don't build on a flood plain ". Michael Johnson, representative of..the Fish and Game, spoke against the proposed project and.felt that..the proposed. 1800 feet.modifications of-the creek would contribute-.to the.overall degradation of. the .fish.and.wildlife.resources. Their primary concern was not spawning habitat.but the transportation corridor and nursery habitat.- They felt the channel.design should incorporate plans which conformed to the-criteria established.for steelhead passage. In addition, would request that the - number of smolt steelhead:stocked be increased from 750 to 2500 to reflect the loss that would occur upstream. Paul Chappell, representing.the Department -of Fish and Game,-..explained more fully the Department's concerns of the proposed creek modifications. Mary Reents, Environmental Report preparer, stated.that:they.had.attempted ' to address those questions submitted to them in their letter to Dan Smith dated August 8; 1978 and were available if there were further questions that night. Paul Landell, representative -of Cal- Coast, addressed concerns regarding the siltation, erosion, etc. He stated- that.the- developer would.also'be paying for a full time city inspector to inspect the project through completion. After additional discussion by Councilmen, Mayor Schwartz declared the public hearing closed. City Council Minutes August 15, 1978 Page 11 Councilman - Petterson.stated.that he agreed with the Director of Public Services that the original..environmental impact report-had been sufficient, that the supplemental E.I.R...had not-brought out any significant changes, and therefore, felt that both..were adequate.. Councilman.Jorgensen.stated that the Supplemental E.I.R. was adequate but had .been necessary. Councilman Settle agreed with other Council comments. In his opinion, both E.I.R.'s were.adequate. Councilman Dunin stated-that he had approved the original E.I.R. as having been adequate, felt the Supplemental E.I.R. was no different than the original and therefore,.would certify either of them as to being adequate. Mayor Schwartz agreed-that both E.I.R.'s were sufficient and would support them as being adequate. = There was a brief. discussion.. as to= whether the lack of a 30 day review period would cause a.damaging precedent and the need to comply with this mandated time. On motion of.Councilman_Petterson, seconded by Councilman Settle,_ the following resolution was introduced: Resolution No. 3644 (1978 Series), a resolution of the Council of-the City of San Luis Obispo certifying the draft environmental impact report supplement for an additional 1,800 feet of creek - widening asso- ciated with Tract 592,..a 92-residential-subdivision on South Higuera Street next.to.San.Luis Creek. Passed and adopted on.the following roll call vote: AYES:. Councilmen Dunin, Jorgensen,.Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None. 5.B On motion.of_Councilman.Settle, seconded by Councilman Dunin, the following resolution was introduced: .Resolution No. 3645 (1978 Series), a resolution of-the-Council of the City of San Luis Obispo authorizing the widening of.1,800..feet of San-Luis Creek to 100 -year storm standards to floodproof Tract 592 and other-properties upstream now subject to inundation. Passed and adopted.on the following roll call vote: AYES: Councilmen. Dunin ,- Petterson,..Settle_and..Mayor Schwartz NOES: Councilman.Jorgensen ABSENT: None Mayor Schwartz reopened the public hearing on the matter as -to whether or not the grading-permit be approved prior to final map acceptance. Phil Humfrey, Vice President of Cal -Coast Construction,.urged.the Council to issue a grading permit for Tract 592 and..also.the.city's permission to utilize city property adjacent-to the -sewer farm for the creek widening and permission to remove.and replace the road,.fence and irrigation lines that run along the west bank of the creek. Bill Lombo, Los Osos and member-of the Santa Lucia Fishing.Club,.spoke against .the proposed project:and.urged the Council to deny the proposal.as he.felt that irrepairable..damage.would be done..to the fishlife and creek.if.this.project .were completed. James .Lopes, - 97.7 - Buchon -and Vice Chairman.of the Economic Opportunity Commission, was opposed to the proposed project. City.Council..Minutes August 15,1978 Page 12 Wayne Peterson ,.City.Engineer,.recommended that the City Council authorize staff to'issue a grading permit as,soon.as the de'vel'oper-satisfied-the following.conditions relating'to grading: 1) The subdivider shall correct overland.flood hazard conditions affecting his property.and_obtain_ clarification of the Flood Plain Information Repbrt.from.the Corps-of Engineers regarding flood hazard conditions. 3) The-subdivider shall provide,.and..implement,.a complete-landscaping plan for the area of-creek channel modification, subject to the.city and Department of Fish and.Game approval. The plan shall include a maintenance schedule, including watering and replacing all plantings which die, for a minimum.period.of..one _ year.after installation. 4) The storm. drain .system..shall..be.designed to accept and.transmit a 100 - year storm. The storm drain across Higuera_Street.shall be extended to the approval of.the City Engineer. The existing 2' x 31 box culvert across Higuera shall be removed or plugged to the approval of the city engineer. 14)". Unnion- Oi11_:Company- shall be requested to sign the subdivision improvement plans and final tract map. 20) The existing mature.trees:located in_the northwest..corner of-the subdivision shall.not.be.disturbed. The subdivider. :shall_..take_all..precautioiis necessary during construction_to_protect.the trees.. If.any trees.die, the city may require that the 'subdivider install trees of equal size. and /or value. 27) The subdivider shall plant at his cost 2,500 steelhead rainbow trout smolts in San Luis Creek, annually for a period of three years, at the direction of the Department of Fish and Game. 28) An inspector,.well trained in the areas of creek ecology, shall be hired by'the city and.paid for out.of - the.'subdivider's- inspection deposit to assure that.the conditions.of this .subdivision,- related.to.the creek mod- ifications, are.complied with." He further stated that if the grading permit were to be approved prior to the approval of the other construction plans and the final map and subdivision agreement,..he.recommended.that the developer be required to do.the following: 1) The construction of the large diameter storm drain from Higuera Street to.San Luis Creek be included as a part of the grading work. 2) A letter be received from Union Oil Co. and SC Gas Co. indicating that their facilities will be relocated to their satisfaction and that the terms of the.relocation are being worked on or the company's represent- ative sign the plans: The developer is fully responsible to relocate all-utilities required- for.the work. 3) That the.area.around the existing trees on the northwest corner of the tract be drained until such time as the final drainage system is built in this area so that the trees do not die. If the trees die as a result of his work, the developer shall install trees of equal size or value. 4) Developer shall comply with the requirements of the State Dept. of Fish and Game. 5)' The developer shall.deposit.with.the_city a,bond.or.other approved security deposit in.the.amount.of $651,687.00 to guarantee the installation of the drainage system, the earthwork, landscaping, irrigation system, utility relocation, roadway relocation and fence relocations on the sewer farm property. 50% ($55,000.00)'-of the landscaping costs shall be bonded for or a security deposit shall be provided to the city during the warranty period beginning on the date of acceptante of the work by the city. 6) The city-shall provide the developer-an agreement allowing him to do the work on our properties on. the sewer farm in conformance with. the approved plans and specifications. City Council Minutes August 15, 1978 Page 13 7) The developer..shall..provide the.city with complete plans.and specifications for all of the'.work -to.be done by him including that work which is to be done on the.sewer_farm_property. 8) The developer..shall deposit with the.city.$16,620.00 to be used for inspection.work both of the creek and landscaping and storm drainage system that will be built under this phase of the project. This inspection deposit will be handled.as.covered in a standard subdivision agreement. He stated that one .of..the.conditions.of.approval required the developer to obtain approval.from both Fish'and Game and Zone 9 for work in the creek. At that time, Zone 9 was recommending that no willows be planted in.the creek, but Fish and.Game..were_requiring them. It was his understanding that the types of tree chosen -by the developer for that project would be less of a problem than most of the native willows but he was not sure that it met all of the requirements..of_Zone_9. He recommended that the city go with -what the developer..was.proposing. He also wished.the.- Council to be made aware that..the - development.plans as were being approved.were. slightly different from those originally reviewed under the tentative map. In particular, there would be no filling within the existing creek channel. At the intersection of Prefumo.Creek and San Luis Creek there would..be.an island.. Also, during the design phase of the project, the Public Services Department recommended.that several of the trees in the northwest corner.of the.tract be removed because they did.not appear healthy. Those trees were.noted.to.be saved on the.original tentative map. There were many trees along_San:Luis Creek which were large and which would be removed by this project. He.wished the Council to be aware that if the trees were not removed, they would.not have the 100 -year capacity.within the creek. He also stated that the developer, as part.of his plans, had provided for improving.the...drainage system for Los Verdes Park across the area being filled ' between Los Verdes Park and San Luis Creek which should help resolve a.long - standing problem in the area.. Councilman Petterson.stated.he.would support,the.proposed project as.outlined in the conditions set by the .City Engineer. Councilman Jorgensen stated he was "philosophically" opposed to the project. He.felt there were other acceptable alternatives -for flood- plan.zoning in this area and that.although ultimately this project.would provide flood protection, it.would not significantly protect the city.from flooding. He felt the project was highly visible and.felt the public would be astonished at its visible impact. He.could not,_therefore,.suppor.t the.project. Councilman.Settle _ was.pleased..with the amount of research and.work.that had gone into this.project,_felt.that_ flood protection would -be. improved by this project and.would therefore, support staff's recommendations. Councilman.Dunin _ agreed.with Councilman Settle. He felt that approval of the grading permit was necessary -.at this time to insure.flood protection prior to ..the coming..,rains._ He.would support staff:recommendations..as presented. Mayor Schwartz _was.impressed.with..the Fish.and Game.in providing other alternatives.rather. than.being negative.-to the..entire project. .Although .he.had.not...been.in..favor of.widening.of.the creek, due to the lack of public opinion _expressed,.thus..far,.he felt he would bow.to.the Planning Commission and..other advisory - bodies to.support the project. On motion.of Councilman.Settle, seconded by Councilman Dunin, to grant the issuance of the grading.permit prior to approval of the final map and subject to the City Engineer's.-conditions plus requiring that developer assure that work could be completed by November 1 and providing that plant stock was available. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman..Jorgensen ABSENT: None City Council.Minutes August 15, 1978 Page 14 6. At this time.the City. Council held the 9':00.p.m. scheduled up blic auction on lease of approximately 153.3 acres of grazing land.at Laguna Lake Park for a period.of three years, starting September 1, 1978 to August 31, 198.1, minimum.bid: .$.80 per acre per month. Mayor Schwartz opened -the bidding at.80C.per acre. Alex Madonna, Madonna Construction, made an offer of 70C per acre. ' Mr. Madonna.'s.bid..was.the.only bid received. Councilman Petterson was concerned about awarding the 70C bid as the minimum bid of 80C had already been advertised and felt this could be a legal matter. Councilman Jorgensen agreed with Councilman Petterson., Alex Madonna changed his bid to 80C per acre. On motion. of Councilman_Jorgenseii,.seconded by.Councilman..Settle, the sole bid of Alex Madonna in the...amount..of $.80 per.acre for the Laguna Lake Grazing Lease be accepted. Motion carried, all ayes. 7. Council.considered the final.passage of.Ordinance No. 770, granting to the.Southern California Gas Company a renewal of their franchise with the city. Mayor Schwartz-declared the-public hearing open. No one. appeared before the City Council for.or..against -the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion. of :Councilman.Jorgensen,.seconded by Councilman Settle, the ordinance was introduced .for final.passage: Ordinance No. 770 (1978 Series), an ordinance of the City of San Luis Obispo granting.to Southern California Gas Company, a.California. corporation ,.the..right,.privilege and franchise to .lay and..use.pipes and_ appurtenances.. for .transmitting.and..distributing gas for any and all purposes under,._along,.across or upon the publid streets, ways, alleys and places, as the same now or may hereafter exist, within said muni- cipality. Finally adopted on.the following roll call vote: AYES: .Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 8. The City Council considered the final.passage of Ordinance No. 769, an ordinance .concerning..regulations and procedures.for the.abatement of fire hazards,. weeds, etc. Mayor Schwartz declared the - public hearing open. No one appeared before the City Council.for or.against..the.proposed ordinance. Mayor.Schwartz declared the public.hearing closed. On motion of.Councilman Jorgensen,.seconded by Councilman.Settle, the following ordinance was introduced.for.final passage:. Ordinance.No..769 (1978 Series), an ordinance amending the Municipal Code, concerning regulations and procedures for the abatement of fire hazards, weeds, etc. Finally adopted on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Settle NOES: Mayor Schwartz ABSENT: None City Council Minutes August 15,1978 Page 15 9. Due to the late hour, consideration.of draft changes to the Environ- mental.Impact Procedures and..Guidelines.was. continued to Wednesday, August 16, 1978 at noon. 10. Due to the late hour, consideration of a request from J.W. Kimball to waive the fee for a "Private Fire Protection Service" was continued to Wednesday, August 16, 1978 at noon. ' 11. By general concensus,.the City Council referred the request by Councilman Settle to ask the Planning - Commission to change their meetings to the week follow- ing the Council meeting, in order to alleviate timing problems for advertising hearings, etc., to the Planning Commission for report. 12._ Due to- the late hour,-consideration of Legislative Bulletins No. 27 and 28 - 1978.was continued to Wednesday, August 16, 1978 at noon. CONSENT ITEMS: C -1 On motion of-Councilman Settle, seconded by Councilman Dunin, to approve claims against the city for the month of.August, 1978._ Motion carried, all ayes. C -2 On motion..of Councilman Settle, seconded by Councilman Dunin, the following.resolution was introduced:_ Resolution No. 3646 (1.978 .Series), a resolution levying a tax for the 1978 -1979 fiscal year upon all taxable prop- erty within the City of San Luis Obispo and fixing the rate of such tax. Passed and adopted on the.following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -3 On motion.of_Councilman Settle,_seconded by Councilman Dunin; the following reso.lution.was..introduced: Resolution No. 3647 (1978 Series), a resolution establishing salary ranges for employee classifications,.specify- ing.methods of advancement and.superseding previous salary resolutions in conflict. Passed and adopted on_the.following..roll.call vote: AYES: Councilmen-Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -4 On motion.of Councilman Settle,.seconded by Councilman Dunin, the following resolution.was introduced: Resolution No. 3648 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City-and Allen Grimes, Inc. for review and recommendation for_revision of the Municipal Code. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3649 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appro- priations for the 1978/79 fiscal year to provide $5,000 for revision and up- dating of the Municipal Code for the City Clerk's Office. Passed and adopted on the following roll call vote: -- AYES: Councilmen.Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None City Council Minutes August 15, 1978 Page 16 C -5 On motion of.Councilman_Settle, seconded by.-Councilman Dunin, the following resolution.was.introduced: Resolution-No. 3650 (1978 Series), a resolution of the Council of the City of San Luis Obispo denying rezoning request of .property at 1426 -and 142.6 Broad Street from R -2 to P0. Passed and adopted on the following roll call vote: AYES:. Councilmen Dunin,_Petterson, Settle.and.Mayor.Schwartz 1 NOES: None ABSENT: Councilman Jorgensen C -6 The City Council considered Minor. Subdivision No. 78 -155, tentative parcel map to create four lots from one lot on the Madonna Road Plaza Shopping Center site, Loren Sonkie, subdivider. Wayne Peterson,.City Engineer,,explained that the subdivider wished to create the lots.to comply with State Subdivision Map Act requirement that separate structures on long -term lease be subdivided. This would include the existing Texaco Service Station and United California Bank. Also, a new lot would be created for a proposed Savings and Loan Building. He stated the Planning Commission recommended the City Council approve the tentative minor subdivision subject to Planning Commission and staff recommendations listed on the proposed resolution. Mayor Schwartz questioned Condition No. 2 requiring each parcel to be served with individual utility services. D.F. Romero, Director of Public Services, explained that individual utility services was standard. He also submitted two additional conditions for Council consideration prior to granting approval of the tentative map as follows: Condition B (2): All parcels in the Shopping..Center were now served through ' a master. water. meter- and ..through..private sewer. mains.connected to the City's sewer main on Calle Joaquin. If the interpretation.of.Condition (2) would call for. individual water.services or sewer-services connecting across Madonna Road, the disruption to traffic and difficulty in maintaining the finished trench would present substantial problems for the city. He recommended this condition be modified to merely call.for easements to.the satisfaction.of the City Engineer. Condition B (5): He suggested an additional sentence be added calling for the City to design the curb median on Madonna Road: That the developer permit City modification of the existing main entry driveway to create a street -type entrance. The City's last offer to conduct this work was rejected by the Shopping Center merchants who were.not receptive to the traffic disruption during the con- struction. After discussion, it was moved by Mayor Schwartz, seconded by Councilman Settle, to adopt the following resolution.as amended by the Director of Public Services: Resolution No. 3651 (1978 Series), a resolution of the City Council of the City of San Luis Obispo granting approval of Tentative Minor Subdivision No. 78 -155, located at 221 Madonna Road, Loren Sonkie, subdivider. Passed and adopted on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -7 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3652:(1978 Series), a resolution of the Council of the City of San Luis Obispo correcting and amend- City Council Minutes August 15, 1978 Page 17 ing Resolution No. 3596 which approved an agreement between.the City and Edison French and Frances..French for.construction of a waterline for Parcel A of Parcel Map SLO 77 -404. . Passed and adopted on the-following roll call vote:__.. ___.. AYES:. Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -8 . On motion.of.Councilman.Settle., seconded by.Councilman Dunin, the following.resolution was introduced: Resolution No. 3653 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between.the City and County -Wide Fire Protection agencies for mutual aid in fire fighting. Passed and adopted_on_the.following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -9 On motion.of Councilman Settle, seconded by Councilman Dunin, that the request from Gann Investments, Exposition Park Subdivision, to start grading Unit II, along with approved Unit I, prior to approved plans be referred to city staff for report and, if possible, City Engineer to attempt to work with developer with the possibility of a private consultant being hired by the developer and working under the general direction of the City ' Engineer in the interest of expediting the application. Motion carried, all ayes. C -10 .. On• motion_of...Councilman..Settle, seconded by Councilman Dunin, to refer to Planning.Commission consideration to rezone San Luis Mountain as originally recommended by staff and Planning Commission to be consistent with the General Plan for readvertisement and report. Motion carried, all ayes. C -11 On motion_of.Councilman Settle, seconded by-Councilman Dunin, that the request from Sheldon Gee, Facilities Engineer for Vidar, to lease vacant city -owned lot adjacent to Fire Station.No. 3 for additional parking space for Vidar be referred to staff for report. Motion carried, all ayes. C -12 On motion of Councilman Settle, seconded by Councilman Dunin,. that request of City Attorney Allen Grimes to be designated "City Attorney Emeritus" upon his retirement from public service be approved. Motion carried, all ayes. C -13 On motion of Councilman Settle, seconded by Councilman Dunin, to name the Director of Public Services and the City Engineer as city staff .representatives to.work with Cal Trans.on.their studies for the revision of bridge and adjacent channel at the intersection of Marsh and Higuera Streets. Motion carried, all ayes. C -14 On motion of Councilman Settle, seconded by Councilman Dunin, that resolution by the.Council of the City of Morro Bay recommending changes to use of Senate-Bill 325.funds be.approved and City Clerk J.H. Fitzpatrick be directed to forward to Channel Counties meeting for referral to the League Conference. Motion carried, all ayes. C -15 On motion-of Councilman Settle, seconded by Councilman Dunin, to approve request by the Central Coast Children's Theatre to waive the customary 10% use fee of Mission Plaza for their fund raising event to be held August 26th. Motion carried, all ayes. City Council-Minutes August 15, 1978 Page 18 C -16 On motion-of--Councilman Settle, seconded.by Councilman Dunin, to deny - claim.against the city by Gary Thurman for broken windshield at the Santa Rosa parking lot, claim in the amount of $165.49. Motion carried, all ayes. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting.at 12:10 p.m. to Wednesday, August 16, 1978 at 12:10 p.m. APPROVED: September 5, 1978 J.H. Fitzpatrick, City Clerk By: Pamela Voges0ecording Secretary M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, AUGUST 16, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL unii rail Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and .Mayor Kenneth E. Schwartz ABSENT:- None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; .D.F. Romero, - Director of Public Services; Richard Minor, Fire Chief;.Henry Engen, Director of Community Development; Wayne Peterson, City Engineer; Dan.Smith, Senior Planner: 1. Council consideration of draft changes to the Environmental Impact Procedures and Guidelines in order to meet the state mandated changes which include: 1) Mandatory time limits for processing environmental review applications. 2) The city may not approve projects with adverse environmental impacts, unless it can make -the finding that there is no feasible way to mitigate the impact. 3) The city must notify all 'responsible agencies' before determining whether to file a negative declaration or prepare an EIR, and.again before prepar- ing an EIR.. Responsible agencies mean.agencies which must-approve a project but are not.the lead agency. . 4) The decision - making body (Council or Planning Commission, depending on type of project) must have the final authority to determine whether a negative declaration of environmental impact or-an Environmental Impact 1 Report is.done for a project. The planning staff recommended that city procedures be amended to. allow the Council full authority to review and certify EIR's for projects which they must approve and to make the policy section more clear. The City Council considered a memorandum from Allen Grimes,.City Attorney; regarding a question he brought up at the last hearing on the EIR changes dealing with the definition of "any person" as used in the appeal procedures.