HomeMy WebLinkAbout02/03/1981City Council Minutes
February 3, 1981 - 4:00 p.m.
Page 2
the 4 foot wood wall around the southeast corner of the site and by bollards
or "see through" fencing acceptable to staff in the opening near South Street.
Vice Mayor Dunin declared the public hearing open.
No one appeared before the City Council for or against the approval.
Vice Mayor Dunin declared the public hearing closed.
Henry Engen, Community Development Director, agreed that some prohibition of
motor vehicles going from the tract to the park should be required.
On motion of Councilwoman Billig, seconded by Councilman Munger, the following
resolution was introduced: Resolution No. 4391 (1981 Series), a resolution
of the council of the city of San Luis Obispo accepting the public improvements
for Tract 798 of the Villages (Gann Investments, subdivider); conditions
amended that the subdivider place some tastefully constructed limit to motor
vehicles entering the Meadow Park area from the tract to be approved by the
Community Development Director.
Resolution adopted on the following roll call vote:
AYES: Councilmembers Billig, Munger, Bond, and Dunin
NOES: None
ABSENT: Mayor Cooper
Mayor Cooper returned to the meeting and took his place at the council table.
2. Communication from Post Office officials requesting sewer and
water service for the new facility on Madonna Road to serve the new Post Office
facility.; and also a memorandum from the City Attorney stating that under the
priority of government that the federal government can connect to city or county
or.lesser agencies' utilities through a condemnation procedure, and it was
the recommendation that the city allow the connection without going through
the condemnation process.
Councilman Bond stated that in this particular case he would just as soon
go along with the post office rather than go to court'knowing in the long run
they were going to lose the case.
Councilman Munger also agreed to go along with the post office request rather
than waste time with the foregoing conclusion in court.
Councilman Dunin stated that he disagreed with the location of the post office
on Madonna Road and he also objected to the federal government telling the city
council what to do as far as utilities is concerned. He was opposed to this
location and indicated he would be opposed to utility connections.
Councilwoman Billig stated she agreed with Councilman Dunin's statement. She
disagreed with the location of the post office facility; she disagreed with the
entire attitude of the post office department as far as the utility service
was concerned. She would be opposed to the connection to city sewer system
and water system.
Mayor Cooper stated that while he agreed with the comments by both Councilwoman
Billig and Councilman Dunin, he felt that the practical point was that they
have the: authority to connect to the utilities and it would be kind of silly to
fight the matter when the conclusion is already foregone as far as the courts
are concerned.
On motion of Councilman Bond, seconded by Councilman Munger, that the city
council authorize the post office department to connect to city utilities.
Motion carried,
AYES: Councilmembers Bond, Munger, and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
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City Council Minutes
February 3, 1981 - 4:00 p.m.
Page 3
3. On motion of Councilman Bond, seconded by Councilman Dunin,
the plans and specifications for the "SIGNAL CONTROL UPGRADING ON SO. HIGUERA,
SOUTH STREET AND MADONNA ROAD ", City Plan No. B -11, engineer's estimate -
$22;238.00 without contingencies were approved and the staff was authorized
to call for bids. Motion carried.
Mayor Cooper opened the meeting to public discussion.
Lowell D. Fuller, resident of the area under consideration, objected to the
formation of a county service area in his general area. He is opposed to an
additional layer of government being opposed on the residents of the area, and
he also strenuously objected to the fact that the proponents of this district
left his property out and never even discussed the matter with him.
GlennaDeane Dovey opposed to the development of the county service area within
the boundaries of the city's urban reserve line of the general plan. She
said the city should support the general plan.
Jim Ross, Chairman of the Airport Area Property Owners Association, the ones
who are requesting the formation of the county service area, reviewed for the
council the reasons for their request. He stated part of the main reason was
that the city of San Luis Obispo was not interested in annexing any part of the
area under discussion to be placed in the service area boundaries. The county of
San Luis Obispo, whenever the property owners go to them for help, say that the
property should be annexed to the city of San Luis Obispo so it seems that the
property owners are in a very difficult position with neither the city nor the
4. The third report from Kahn & Associates on the status of the
downtown parking program were ordered received and filed with no further action.
5. - At this time the City Council considered a draft response from
the city's Community Development Department on the reaction to the proposed
airport county service area.
Henry Engen, Community Development Director, stated that the city had received
from the Local Agency Formation Commission a request for a city position regarding
the county service area proposal encompassing 1200 acres in the vicinity of the
county airport. He continued that under recent action by the council regarding
county referrals, he would normally had just forwarded the attached letter.
However, since the council is considering whether or not to accept the sewer
grant as conditions to provide service for this area, he suggested that the matter
be placed on the council agenda for discussion by the city council. He then
reviewed the letter being sent to the Local Agency Formation Commission stating
the general plan and the county Land Use Element adopted in response to. planning
objectives of-the city of San Luis Obispo which stated that developments located
between San Luis Obispo city limits and the urban reserve lines are to provide
on -site sewage disposal capabilities until the property can be annexed to the city
and city services provided and that developments proposed between the San Luis
Obispo city limits and urban reserve line will be provided on -site water until
annexed by the city. He continued that the city's general plan designates most
of the area in question as rural industrial with the most recently adopted
development standards noting that this area should be adequately served by private,
on -site water and sewer systems; agricultural land uses encouraged in this area.
He continued that in February 1980 the city adopted a sewer service plan which
outlines utility expansion strategies for the city. He listed the service
priorities and favored the use of the sewer service plan and the phasing,
and that most of the area in question is not proposed to be annexed to the city
nor to receive urban services. Exceptions include certain areas north of Prado
Road and east of Highway 227. He concluded his comments by stating that the formal
land use policies of both city and county Land Use Element affirm this community
goal. Approval by LAFCO of two urban service entities within a single urban
reserve line would be contrary to LAFCO's historic position and would create
serious conflicts with respect to local growth management objectives and
strategies.
Mayor Cooper opened the meeting to public discussion.
Lowell D. Fuller, resident of the area under consideration, objected to the
formation of a county service area in his general area. He is opposed to an
additional layer of government being opposed on the residents of the area, and
he also strenuously objected to the fact that the proponents of this district
left his property out and never even discussed the matter with him.
GlennaDeane Dovey opposed to the development of the county service area within
the boundaries of the city's urban reserve line of the general plan. She
said the city should support the general plan.
Jim Ross, Chairman of the Airport Area Property Owners Association, the ones
who are requesting the formation of the county service area, reviewed for the
council the reasons for their request. He stated part of the main reason was
that the city of San Luis Obispo was not interested in annexing any part of the
area under discussion to be placed in the service area boundaries. The county of
San Luis Obispo, whenever the property owners go to them for help, say that the
property should be annexed to the city of San Luis Obispo so it seems that the
property owners are in a very difficult position with neither the city nor the
City Council Minutes
February 3, 1981 - 4:00 p.m.
Page 4
county wishing to help or support their problems. He felt that one of
the major problems faced by the property owners in the airport area is the
lack of a master plan or a specific plan for future development of all the
land in the basin, rather than just arbitrary parcels here and there. He
felt that there was no way under existing laws without forming a county
service area that a planning board could be appointed to work on a general
plan - specific plan - for the overall area development. He stated that
under the government code provisions such a Planning Commission could be
formed if the service area is inaugurated which would consist of a member
of the county Board of Supervisors, a member of the City Council, one
member of the Airport Land Use Commission, and two property owners of
the district. Once the plan were prepared, then this board would dissolve
and could be kept by the supervisors as an advisory board to the area. He
concluded his comments they're not interested in forming a city or anything
of that nature, but there are many things in the area that need support
from the property owners as a group rather than individuals. He urged the
city council to withdraw the negative letter on their application.
Bob Miller, property.-owner in the Edna Valley, spoke in support of the property
owners' request to forma county service area in the general airport area.
He felt it was an attempt by the property owners to try and solve their own
problems of use of property and future development, and they were not trying
to start a new level of government in the county.
Victor Montgomery, Planning Consultant to the airport area Property Owners
Association, spoke in support of the formation of the service area in order
for the property owners to develop their own property and the area within
the district. He listed examples of attempting to work both with the city
and the county on some of these developments, and that it was very difficult
to get straight answers.
Don Ross, property owner, supported the property owners' request to-form a
county service area to provide needed service to the general area. He
stated that neither the city nor the county want to have anything to do
with the area so only by forming a county service area can the property
owners ever try to solve their own problems with no city or county support.
He asked the council not to stop their attempt to help themselves.
Jim Philbin, land owner-in the area, spoke in support of the formation of a
county service area so that the property owners can, at their expense,
proceed with long -range planning of their properties which would ultimately
be controlled by the county Board of Supervisors.
Lowell D. Fuller again spoke saying he objected to not being asked to take
part in the development of the proposed county service area. He stated he
was opposed to this group coming up with plans for development of an area
so close to the city limits.
Councilman Dunin stated he was in support of the property owners.to have some
type of organization to prepare their own specific plans. He continued that
under Proposition G adopted by the city, no annexation will ever -take... place
in this area. He felt that the group should prepare the specific plan and
EIR, then come back for development of a service area district. Councilman
Dunin stated that he would support the draft letter by the Community Development
Director.
Councilwoman Billig stated she felt that she agreed with the property owners
to set up a group to develop a specific plan for the area, but she felt that the
plan should be developed by the county with joint city, - county, - and owners finan
cial support.with.property owners paying.part -of the bill. -, She was concerned about
the potential use of city services by new district. She was opposed to creation bf
a county service area and.she would support the letter as prepared.
Councilman Bond felt the only way that this area would ever develop would be
through activity of the property owners and not through any encouragement by city
or county government. He would support the development of a county service area
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1
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City Council Minutes
February 3, 1981 - 4:00 p.m.
Page 5
concept under the county Board of Supervisors; he would amend the draft letter to
allow a county service area formation and allow the property owners to develop their
own specific plan.
Councilman Munger felt that only through formation of a district by property owners
in order to develop a specific plan for the area for long -range planning would
it ever get done. He would amend the draft letter to encourage formation of a count
service area operated under the county Board of Supervisors.
Mayor Cooper stated he too supported the property owners in trying to develop their
own service area in order to develop their own plan for future development of the
property. He stated he objected to various comments waiting for something to happer
sometime in the future. He felt that the city and the county were not helping or
encouraging these property owners to solve their own problems so he felt that the
city should let them develop in their own way.
On motion of Mayor Cooper, seconded by Councilman Bond, that the draft letter to
LAFCO be amended; 1) to allow the initiation of a county service area for the
area; 2) that the references to the city's Land Use and General Plan be left in
the letter so that LAFCO is aware of the city rules and regulations; and 3)
that the city could cooperate with the county and with the property owners in
developing a major specific plan for the area.
Motion carried on the following roll call vote:
AYES: Councilmembers Bond, Munger, and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
C -1. On motion of Mayor Cooper, seconded by Councilman Dunin,
claims against the city for the month of February were approved and ordered
paid subject to the approval of the Administrative Officer Motion carried.
C -2. On motion of Mayor Cooper, seconded by Councilman Dunin,
minutes of the council meetings of January 13, 1981 - 7:00 p.m.; January 20, 1981 -
7:30 p.m.; and January 26, 1981 - 12:00 noon, were approved as amended. Motion
carried.
C -3. On motion of Mayor Cooper, seconded by Councilman Dunin, the
following contract pay estimates and change orders were approved and ordered paid.
Motion carried.
A.D. Construction .Eat. 462
LAGUNA LAKE GOLF COURSE DRIVING Est. 463 FINAL
RANGE PROTECTIVE SCREEN
C.P. 46D -35
R. Baker, Inc.
ANDREW STREET FEEDER 8" WATERLINE C.C.O. 461
C.P. 46D -10 C.C.O. 462
C.C.O. 463
C.C.O. 464
C.C.O. 465
Est. 463
Est. 464 FINAL
R. Baker, Inc. Est. 463
CUESTA GRADE WATERLINES Est. 464 FINAL
C.P. 46E -32
$23,422.38
3,469.98
(3/10/81)
+ 618.38
+ 1,581.49
+ 489.60
+ 887.63
+ 93.28
14,945.74
6,791.64
(3/10/81)
4,860.00
2,160.00
(3/10/81)
C -4. On motion of Mayor Cooper, seconded by Councilman Dunin, the
request from the Mass Transportation Committee for the city to contact the
Business Improvement Area and Chamber of Commerce for a business representative
for the Mass Transportation Committee taking the place of Mr. Reed Cruzen,
was approved and the clerk was authorized to request same from the Chamber
and /or BIA. Motion carried.
City Council Minutes
February 3, 1981 - 4:00 p.m.
Page 6
C -5. On motion of Mayor Cooper, seconded by Councilman Dunin, the
City Council confirmed the appointments to the Advisory Board for the Business
Improvement Area for terms ending January 13, 1981. Richard Crumm replaces
Allen Garrison, who has moved from the BIA area, and Richard Cleeve will
replace John Bitner. Motion carried.
Items B -1 and B -2 were continued to the 7:30 council meeting.
There being no further business to come before the City Council, Mayor Cooper
adjourned the meeting to February 3, 1981"at 7:30 p.m.
APPROVED BY COUNCIL ON:
2/17/81 1r- FitSpatrick, City Clerk
-------------------------------------- �------------------------------ - - - - --
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 3, 1981 - 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Pledge
Invocation by Pastor Dean Keller. Grace Church
Roll Call
Councilmembers
Present: Melanie Billig, Alan Bond,.Ron Dunin, Gerald Munger,-and ..
Mayor Cooper
Absent: None
City Staff
Present: Lee Walton, Administrative Officer; George Thacher, City
Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community
Development Director; Captain Englert; D.F. Romero, Public
Services Director; and Geoff Grote, Legal Assistant
B -1. The bids to perform janitorial services for the city's Recreation
Center were continued to the February 17, 1981 city council meeting.
D.F. Romero, Public Services Director, reported to the city council that they
were reviewing the background of the low bidder and they do not have all the
information at this time, but asked that the matter be continued to the next
meeting. Request approved.
B -2. The City Clerk reported on the following bids received for video
equipment for the Police Department in accordance with advertised specifications.
BID PRICE
VIDEOMEDIA $46,532.17
250 N. Wolfe Road
Sunnyvale, CA
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 2
BID -PRICE
SOUND SYSTEM LABS $47,341.44
P.O. Box 3100
Camarillo, CA 93010
Captain Englert, Police Department, stated that after review of all the bids
received, with the various deviations and non - compliance items, on behalf of the Police
Department he recommended that the low bid of VIDEOMEDIA CORPORATION of Sunnyvale,
California, in the amount of $46,532.17 be accepted. After some minor discussion
of the City Council, it was moved by Councilman Bond, seconded by Councilman Dunin,
that the low bid of VIDEOMEDIA be accepted and that the city staff be authorized
to issue a purchase order for purchase of the equipment. Motion carried.
6. Mrs. Barbara Atkinson, field representative for State Senator
Henry Mello, appeared before the City Council offering the use of her office and
the offices of State Senator Mello for any service the City Council may wish with
the State Legislature. She also urged that later on in the legislative year that
the senator meet with the City Council to discuss problems of bail -out financing,
etc.
7. At this time the City Council held a public hearing to consider a
requested change by the developer to conditions #1 and #2 of the tentative map
approval for Tract No. 758 (Terrace Hill), a 13 -lot residential subdivision on
approximately 40 acres generally bounded by Ella, Rachel, Fletcher, Bishop Streets
and Sierra Way, R -1 -PD zone; Cuesta Valley Properties, subdivider (continued from
January 20, 1981). .
Henry Engen, Community Development Director, stated that the subdivider was
requesting a change in condition #1 to allow a small drainage area to drain towards
Ella Street instead of Augusta Street; and to ask the deletion of condition #2
requiring undergrounding of existing utilities within the subdivision. He continued
that on January 7, 1980, the City Council approved a R -1 -PD and a preliminary
development plan for the project subject to 4 conditions. On January 15, 1980,
a tentative tract map for Tract No. 758 was approved subject to 23 conditions.
Several additional actions related to this project have taken place as follows:
1) On March 18, 1980, a resolution of intention was approved to abandon several
paper streets; 2) On August 19, 1980, the city agreed to sell a city -owned lot on
Augusta Street; 3) The Architectural Review Commission has approved condominium
projects on three of the lots; and 4) On December 10, 1980, the Planning Commission
approved the site plan for the project. Henry Engen continued that the final
tract map has not yet been approved by the city, and that the subdivider was asking
for these changes prior to final map approval. He stated that condition #1 states
in part: "Subdivider shall be responsible for installation of storm drain facilities
on -site and off -site to handle storm water runoff from storm frequency as specified
by city standards. These improvements will include storm drain improvements in
Augusta Street between Bishop Street and San Carlos Drive." Based on the suggestion
of the Public Services Department, the subdivider would like to divert approximately
seven acres of storm water runoff from one tributary area, Augusta Street, to another
tributary, Ella Street. While this diversion would not overload existing downstream
TRI- TRONICS, INC.
$49,992.78
2921 W. Alameda Ave.
Burbank, CA 91505
COURT- VISION
$50,551.21
75 Long Court
Thousand Oaks, CA 91360
INSTANT REPLAY EQUIPMENT
$51,310.08
COMPANY
9854 Desoto Avenue
Chatsworth, CA 91311
JOHNNY'S SIGHT & SOUND CENTER
$77,798.94
1963 East Main St.
Ventura, CA 93001
Captain Englert, Police Department, stated that after review of all the bids
received, with the various deviations and non - compliance items, on behalf of the Police
Department he recommended that the low bid of VIDEOMEDIA CORPORATION of Sunnyvale,
California, in the amount of $46,532.17 be accepted. After some minor discussion
of the City Council, it was moved by Councilman Bond, seconded by Councilman Dunin,
that the low bid of VIDEOMEDIA be accepted and that the city staff be authorized
to issue a purchase order for purchase of the equipment. Motion carried.
6. Mrs. Barbara Atkinson, field representative for State Senator
Henry Mello, appeared before the City Council offering the use of her office and
the offices of State Senator Mello for any service the City Council may wish with
the State Legislature. She also urged that later on in the legislative year that
the senator meet with the City Council to discuss problems of bail -out financing,
etc.
7. At this time the City Council held a public hearing to consider a
requested change by the developer to conditions #1 and #2 of the tentative map
approval for Tract No. 758 (Terrace Hill), a 13 -lot residential subdivision on
approximately 40 acres generally bounded by Ella, Rachel, Fletcher, Bishop Streets
and Sierra Way, R -1 -PD zone; Cuesta Valley Properties, subdivider (continued from
January 20, 1981). .
Henry Engen, Community Development Director, stated that the subdivider was
requesting a change in condition #1 to allow a small drainage area to drain towards
Ella Street instead of Augusta Street; and to ask the deletion of condition #2
requiring undergrounding of existing utilities within the subdivision. He continued
that on January 7, 1980, the City Council approved a R -1 -PD and a preliminary
development plan for the project subject to 4 conditions. On January 15, 1980,
a tentative tract map for Tract No. 758 was approved subject to 23 conditions.
Several additional actions related to this project have taken place as follows:
1) On March 18, 1980, a resolution of intention was approved to abandon several
paper streets; 2) On August 19, 1980, the city agreed to sell a city -owned lot on
Augusta Street; 3) The Architectural Review Commission has approved condominium
projects on three of the lots; and 4) On December 10, 1980, the Planning Commission
approved the site plan for the project. Henry Engen continued that the final
tract map has not yet been approved by the city, and that the subdivider was asking
for these changes prior to final map approval. He stated that condition #1 states
in part: "Subdivider shall be responsible for installation of storm drain facilities
on -site and off -site to handle storm water runoff from storm frequency as specified
by city standards. These improvements will include storm drain improvements in
Augusta Street between Bishop Street and San Carlos Drive." Based on the suggestion
of the Public Services Department, the subdivider would like to divert approximately
seven acres of storm water runoff from one tributary area, Augusta Street, to another
tributary, Ella Street. While this diversion would not overload existing downstream
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 3
facilities based on a 10 -year storm. However, there may be city liability problems
if storm water runoff from one natural tributary area is diverted to another
tributary area. The Public Services Department staff feel that allowing storm water
runoff to be diverted to the Ella Street tributary area would cause slightly less
downstream problems than if diverted to the Augusta Street tributary as approved by
the tentative map approval.
Condition No. 2 states, "Subdivider shall underground all existing utilities within
the tract boundary." The subdivider wants this condition deleted due to the cost
anticipated to underground. There are existing overhead lines running within the
paper streets of Bushnell and Fletcher proposed for abandonment. With abandonment,
these rights -of -way would become part of the subdivision. These lines serve areas
on both sides of the subdivision. Planning staff feels it is essential that this
line be undergrounded for both aesthetic and practical reasons. The line is very
visible on the hillside and its existing location would interfere with building
locations of ARC and Planning Commission approved project on lot 2. As a minimum
two residential units would have to be eliminated or relocated. Also, the line
runs through the middle of the proposed lot 3 which would make this lot difficult
to build on. The alternative is to relocate the line either overhead or under-
ground. The staff feels that the line has to be relocated anyway it may as well
be put underground. Relocation, if above ground or underground, would be costly.
Finally, Henry Engen stated that the planning staff recommends that the requested
changes by the developer to conditions #1 and #2 of the tentative map approval
for Tract #758 be denied and that all conditions remain as originally with the
tentative map.
George Thacher, City Attorney, again reviewed the request of the developer and then
stated that surface waters may be discharged for any reasonable purpose with a
stream into which they naturally drain without incurring liability for drainage
to lower land even though the channel is inadequate to accommodate increased.flow.
In the situation before the City Council, the watershed would be altered, resulting
some surface waters flowing to a stream not the natural watercourse for those
surface waters. In litigation alleging damage caused by the incremental increase in
the watercourse due to the unnatural diversion, the City would have a difficult time
avoiding an unfavorable judgment, in either a money damages action or in an inverse
condemnation action.
If there are remedial measures which would neutralize all detrimental effects of
the diversion, the City would, of course, have no exposure. Without that, you are
advised that the exposure is as described.
Mavor Cooper declared the public hearing open.
1
in
1]
Dan Lloyd, representing Merriam, Deasy, and Whisenant, reviewed for the City Council
the reason they are asking for an amendment to the conditons for approval of the
tentative map. He stated the request ...to change the storm drain improvements were
based on preliminary research, citing that a storm drain in August Street would
be the best method disposed of a portion of the site run -off. However, recent
engineering division calculations show the proposed line on Augusta Street does
not appear to be as good a solution as taking the run -off to an existing storm
drain in Ella Street. The developer thinks that this latest development does
provide a better solution of the drainage issue and he urged the council to consider
amending this condition in light of a more favorable approach. Also, during the
preparation of the improvement plan for the tract, the developer's engineer contacted
PG &E to discuss the required undergrounding of the utilities which border
the development. He said the developer was astonished to learn that it would
cost approximately $100,000.00 to comply with condition X12. While the developer
agrees with the intent and benefit of undergrounding these utilities, at the time
of tentative approval we feel that the requirement has simply become too expensive.
They feel that the undergrounding of this major PG &E transmission line prevents
too great a financial burden to the development, and they therefore ask that the
council reconsider this necessity for condition #2. He urged the City Council to
approve the request of the developer. He concluded his statements by saying any
additional costs such as the $100,000.00 for the utility lines would have to be passed
on to each dwelling in the tract and in this instance this one cost alone would
add approximately $5,000.00 to each unit. He said also that by proper location and
planting of trees, the power poles would not be of any view problem for the neighbor-
hood.
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 4
Ed Sweeney, Sierra Way, objected to allowing additional water down the rear of
the houses on Sierra Way. He felt the council should not change the approved system.
He reviewed for the City Council some of the past instances of flooding in this area.
He stated that the underground system below Terrace Hill is inadequate and should
not put additional water there.
Enrico Bongio, Sierra Way, objected to changing any conditions in the approved
tentative map, particularly any changes to the drainage. He felt the original plan
should stay as approved. He reviewed for the City Council members the four to five
years negotiation that the neighborhood had with the developer and the city to try
to come up with a conclusion that would allow a development on the hill and still
not hurt the people below it, and he urged that the council not change these plans.
Charles French, developer, stated no change to the conditions until the costs
were known on the utility lines and he felt the drainage change was a better solution
than the original plan. He said in this way less people would be hurt by the
amount of water being ransferred through the Ella Street drainage system.
Pete Evans, Rachel Way, urged no change to the tentative map conditions as the
development was approved by the neighborhood and now they are worried about any
possible change to the drainage proposal.
Mr. Rob Baker said he supports the original approval and would make no changes
to the development plan.
Mayor Cooper declared the public hearing closed.
D.F. Romero, Public Services Director, reviewed for the City Council the routes
taken by these two drainage systems, the one through Augusta and the one through
Ella and the railroad and explaining what the conditions the change would make
on the system, and he recommended that the city council not allow any change in
the drainage area as requested due to a future potential liability of the city
and further that both drainage systems are inadequate at this time.
Councilman Dunin stated he would consider no changes in conditions 411 and 412 of
the tentative map.
Councilwoman Billig agreed there should be no change in the condition; this had
been handled at a public meeting after many a long period of time and the conditions
should not be changed.
Councilman Bond agreed there should be no change in conditions 411 and 412 for this
tract.
Councilman Munger agreed there should be no change in these conditions; they had
been negotiated with the public and they should stay as they are.
Mayor Cooper agreed that this had been a very difficult development to approve;
that it had been worked out with the neighborhood and he felt that no changes
should be allowed at this time.
On motion of Councilman Bond, seconded by Councilwoman Billig, that the city
council would not consider any change to condition 411 of the tentative map approval.
Motion carried, all ayes.
On motion of Councilman Bond, seconded by Councilwoman Billig, that the city council
deny any changes
developer place
to condition
the utilities
412 of the tentative map approval and that the
underground. Motion carried.
8.
At this time
the City Council held a public hearing to consider
a Planning Commission
referral
of a request ao allow balconies and portions of
a parking lot to
project into
required street yards for a new office building
located at 1425
Royal Way; PO
zone; Stan Bell, applicant.
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 5
Henry Engen, Community Development Director, stated that the Planning Commission
on a 3 - 0 - 2.vote referred the subject request to council for action with no
recommendation for approval or denial. The commission, being a 7- member body
having two vacancies at present with council approved commission by -laws requiring
4 positive votes to approve a variance request and with two commissioners having
to step down to this request due to possible conflict of interest, no commission
approval action could legally take place.
Henry Engen then reviewed for the City Council what was being proposed in this
1
variance. He stated that the applicant is proposing to construct a two -story office
building containing 19,125 square feet. The building is oriented to face Royal
Way and. Los Osos Valley Road. The building has exterior balconies, portions of
which encroach in the setbacks along Royal Way and Los Osos Valley Road. Also,
a portion of the parking lot encroaches similarly into these two street yard
setback areas. But he felt that due to the configuration of the lot that the variance
could be allowed as it would provide variety and interest to the building facade.
Likewise, the exterior balcony would supply a certain amount of interest to the
building. The property has an inordinate amount of street frontage for which
street yard setbacks must be provided. He felt this could be the basis for granting
the variance if the City Council felt that the building was well- designed and is
compatible with the neighborhood. He therefore recommends that the City Council
approve the variance.
Mayor Cooper declared the public hearing open.
Mr. Stan Bell, property owner, appeared before the City Council in support of
this proposal stating that he was available to answer questions. He said he felt
the staff had adequately and fairly explained the problem.
Mayor Cooper declared the public hearing closed.
On motion of Councilwoman Billig, seconded by Councilman Bond, the following
resolution was introduced: Resolution No. 4392 (1981 Series), a resolution of the
council of the City of San Luis Obispo granting a variance request to allow
balconies and portions of a.parking lot to encroach into the required street
yard setbacks at 1425 Royal Way, based on the following findings:
a) that there are exceptional circumstances applying to the site which
do not apply generally to land in the vicinity with the same zoning in that the
property has frontage on three separate streets requiring an extraordinary amount
of area devoted to street yard setbacks which limit the buildable area of the
site;
b) the variance will not constitute a grant of special privilege inconsistent
with other properties in the vicinity with the same zoning because of the unique
physical characteristics noted above; and
c) the.variance will not adversely affect the health, safety, or general
welfare of persons residing or working in the vicinity in that portion of the
proposed buildings are set back a greater distance and required.-by zoning ordinances
which compensates for the balcony projections providing for a more interesting
building design compatible with other architectural designs in the neighborhood.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Munger, and Mayor Cooper
NOES: None
ABSENT: None
9. At this time the city Council held a public hearing to consider a
Planning Commission recommendation to amend the Zoning Ordinance to delete
Section 9200.16 (G) on deep lots in subdivisions (Rezoning CR0918). By unanimous
vote, the Planning Commission recommends that the City Council approve the amendment
to the zoning ordinance text as noted in the draft ordinance and passed to print
the ordinance. The recent amendments to the subdivision ordinance makes this
section of the zoning ordinance redundant.
City Council Minutes.
February 3, 1981 - 7:30 p.m.
Page 6
Mayor Cooper declared the public hearing open.
No one appeared before the City Council for or against the zoning amendment.
Mayor Cooper declared the public hearing closed.
On motion of Councilman Munger, seconded by Councilman Dunin, the following
ordinance was introduced: Ordinance No. 877 (1981 Series), a resolution of the
city of San Luis Obispo amending the San Luis Obispo Municipal Code to rescind
Section 9100.16 (G), subdivision of deep lots; and to renumber Section 9200.16 (H)
and (I) to 9200.16 (G) and (H) respectively of the zoning regulations. Introduced
and passed to print on the following roll call vote:
AYES: Councilmembers Munger, Dunin, Bond, and Mayor Cooper
NOES: Councilmember Billig
ABSENT: None
10. At this time the City Council held a public hearing.to consider
a recommendation of the Planning Commission to declare a parcel of land surplus
to the city of San Luis Obispo's needs and to.determine consistency with the
general plan on the request by Fred Glick for the city to sell its portion of
city -owned property located on Stenner Creek Road north of San Luis Obispo.
Henry Engen, Community Development Director, stated that the Planning Commission
by a 5 - 0 vote: 1) found that the sale of the property is consistent with the
city's general plan; 2) recommended that the City Council declare the property
surplus and negotiate the .sale of the property with the adjoining property owner,
Mr. Fred Glick. The commission's preference would be to trade for additional land
to be added to the water filtration plant property; 3) recommended that Mr. Glick
be required to file a parcel map or lot line adjustment combining the city -owned
parcel with his property as a condition of its sale. The parcel map would also
reserve sufficient right -of -way for Stenner Creek Road.
Mayor Cooper declared the public hearing open.
Mr. Fred Glick appeared before the City Council on behalf of his request stating
that he and his partners did not wish to exchange land unless there was an absolute
need by the city. He felt the only reason they were asking for this particular
piece of city land was to try to square away their own property without individual
little pieces hanging here and there.
Councilwoman Billig brought to the council's attention the fact that this property
should not be negotiated with one property owner but should be put up for sale so
that anyone wishing to purchase it could at least make a bid, while she realized
it would only be available to one person. She just felt it was not the right
approach to negotiate sale of city property in the manner suggested.
On motion of Councilman Bond, seconded by Councilman Dunin, that the City
Council declare the land surplus and that the sale of the property was consistent
with the city's general plan; and that the city staff be directed to negotiate
the price for sale of the property. Motion carried.
11... At this time the City Council considered the final passage of
Ordinance No. 876, an ordinance amending Part 1 of Chapter 4 of Article II of the
San Luis Obispo Municipal Code to provide the Planning Commission shall consist of
five members.
Mayor Cooper declared the public hearing open.
GlennaDeane Dovey appeared before the City Council objecting to the change in
the number of members of the Planning Commission.
Allen Settle appeared before the City - Council objecting to the change in the number
of members of the Planning Commission.
Don Smith appeared before the City Council objecting to any change in the number of
Planning Commissioners. In fact, he felt possibly more people should be on the
commission.
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 7
Roy Hanff opposed to the membership on the Planning Commission. He, too, felt
that more citizens should be involved.
Tom Schumann appeared before the City Council objecting to any change in the
membership on the Planning Commission.
Mayor Cooper declared the public hearing closed.
Councilman Dunin stated that as he had previously he would not support the change
in membership of the Planning Commission at this time.
Councilwoman Billig stated she also would not support any change in the number of
members of the Planning Commission.
Councilman Bond stated he would support it, and he felt it was the best thing
for the city of San Luis Obispo and would support the ordinance.
Councilman Munger stated he too would support the ordinance. He felt it was a
good step for better planning direction in the city.
On motion of Councilman Munger, seconded by Councilman Bond, Ordinance No. 876
(1981 Series), was introduced for final passage. It finally passed on the following
roll call vote:
AYES: Councilmembers Munger, Bond, and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
At 8:45 p.m. Mayor Cooper declared a recess.
At 9:00 p.m. the City Council reconvened, all councilmembers present.
12 -A. At this time the City Council considered the adoption of a
resolution adopting Planning Commission by -laws based on the membership changes
made by Ordinance No. 876.
On motion of Councilman Bond, seconded by Councilman Munger, Resolution No. 4393
(1981 Series),. was introduced; a resolution of the city of San Luis Obispo adopting
the Planning Commission by laws.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Bond, Munger, and Mayor Cooper -
NOES: Councilmembers Billig and Dunin
ABSENT: None
12 -B. Council consideration of Ordinance No. 878 (1981 Series), an
ordinance amending Section 9604 of the San Luis Obispo Municipal Code to reduce
from four to a majority of the voting members the number of Planning Commission
members who must vote affirmatively to recommend to the council approval of a
general plan amendment.
Introduced for passage on motion of Councilman Bond, seconded by Councilman Munger.
Introduced and passed to print on the following roll call vote:
AYES: Councilmembers Bond, Munger, and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
13. Lee Walton, City Administrative Officer, presented for the
council consideration an agreement between the city of San Luis Obispo and Pacific
Gas & Electric Co. for a ground lease of property at the corner of Palm and Osos
Streets for future development by Pacific Gas & Electric Co. He reviewed for the
council's information the conditions of the lease, the method of arriving at a
cost of the lease, etc.
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page--8-
Councilwoman Billig stated that she would ask how could the city just sell land
to one person without proceeding through an official bidding procedure. She
felt the bidding system should be on the open market. She felt it should be placed
up for sale at a public hearing properly advertised after acquiring the-proper
value so that the citizens of San Luis Obispo would recognize that the City Council
were getting the best prices for the land having had been purchased by the
taxpayers.
Clifford Smith, Pacific Gas & Electric Co. land department, spoke in support of
the sale agreement stating he felt the city was protected and the taxpayers in
every instance.
Don Smith opposed to selling the parking lot so fast. He felt the city should
wait for awhile until the downtown parking had settled, until the new county
courthouse had been completed, and a better view•of what was happening in downtown
San Luis Obispo could be noted.
779 Marsh Street, urged the City Council not to sell
the land; lease the property only. He felt the land was too valuable to sell at
this time.
Pete Evans, representing the Environmental Center, felt that all city lands should
be sold to the highest bidder; not negotiated with PG &E only. He felt this way
would keep everything very clean and orderly. He felt the staff was moving a little
too fast for the average person in the city to understand the need. He felt the
Environmental Center is interested in staying where they are and they want the
City Council to consider their future needs in any development of the property.
He concluded by saying he felt the city's citizens and the Environmental
Center needed more information in order to properly address this subject. And
he did not feel that PG &E was the best client for the property.
' Lance Staples was opposed to the sale of the city land to PG &E without more
public input.
Sally Pattersen felt the sale was being put on too fast, felt more details
were needed and why was the city selling the land after just having purchased it.
Jamie Lopes stated he was opposed to selling the land to PG &E without an up -to -date
appraisal. He felt the city land should only be sold to the highest bidder at
public auction and not a negotiated cost with a utility. He felt it should be done
fairly to all concerned. He urged more community input before selling public
land. He felt more information should be developed on zoning conditions, land
uses that -would be authorized, etc.
Councilman Bond stated the city should hold on to the land and not sell it
without more input from the community. He also agreed the land should be sold
at the highest value, and with an up -to -date appraisal.
Councilman Munger stated that he could support the staff recommedation but
that a current appraisal of the value should be procured. He would rather sell
than lease but felt more information was needed as to the PG &E plans for the
property.
Mayor Cooper felt the staff should get a new appraisal and put up for sale with
the CAO to have all the information available prior to the sale.
Councilman Dunin stated that he would support the sale of the property, not a
lease. He felt that a new appraisal was needed
in order to
get the
highest value
of the property. He suggested that the council
and PG &E to review their proposals.
set a study
session
with staff
Councilwoman_.Billig agreed with a study session
and did not
object
to the sale
.of the property but want the sale to be open and
above board
in all
conditions.
Mayor Cooper felt the staff should get a new appraisal and put up for sale with
the CAO to have all the information available prior to the sale.
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 9
After no further discussion, the city Administrative Officer was directed to
update his appraisal, then set a study session with the City Council, staff,
and public to discuss the benefits to the city of the sale of this property.
14. At this time the City Council considered the grant application
for improvements to the wastewater treatment plant.
D.F. Romero, Public Services Director, stated that the state had agreed to
modification of the wording of both the state and federal grant offers to be
,
consistent with the wording contained in the city's sewer service plan; and he
stated further that the state board has now approved three additional construction
projects for the city wastewater treatment plant. He's anticipated elimination
of the phosphorous removal requirement of the local water quality board with a
large result in savings and initial construction and operation costs, which had
been a position long held by the city. The project would not include the pumping
and pipeline to Laguna Lake. The total construction project now envisioned by
the state is estimated at 4.1 million dollars although the consulting engineer
feels this will exceed 5 million when all requirements are firmly set, plans
modified and estimates brought up to date. The new priority would permit
the entire construction to take place under one contract beginning in the fall of
1981, thus permitting some economies in bidding and construction and at the same
time meeting the concerns of local board staff that equalization ponds be.constructed
prior to fall rains.
D.F. Romero submitted an analysis prepared by John Jenks indicating that should
the City deny all sewer grants and elect to make all required improvements on
its own, the City's sewer service charge would be approximately $4.60 per month
merely to retire the bonds.
George Thacher, City Attorney, stated that he had been in contact with representatives
of the Water Quality Control Board in Sacramento and stated that he was informed
by one of the officials that the city could ask for an additional time extension
before approving or accepting the grant in order to then try and change the
wording of the grant agreement. He felt the council had three alternatives:
1) accept the grant without an appeal to the change; 2) accept the grant with an
appeal to change the wording of the conditions; or 3) direct the staff to contact
the state for an extension of time - 45 to 50 days in order to attempt to negotiate
the conditions of the sewer service grant. Upon question, the city attorney stated
it was his honest feeling that he was presenting the council the information
received honestly from a state official in Sacramento.
Mayor Cooper declared the public hearing open.
Councilman Dunin stated that he was in support of accepting the grant for waste-
water treatment plant improvements but he felt the council's questions as to
conditions should be answered first, and he would support the city attorney's
condition #3 which would direct the staff to contact the state for an extension
of time in order to attempt to amend the grant conditions.
Allen Settle appeared before the City Council and urged that they not take any
action until the grant conditions have been clarified due to the conflict with
the general plan. If they are not corrected, the council should reject the grant.
GlennaDeane Dovey urged the council not to accept the grant until all grant conditions
have been granted that comply with the city's general plan. She urged the city not
to accept the grant but to do any necessary work with city funds and only do what
had to be done and not what the state wanted done.
Don Smith felt the city could get the necessary work done at the sewer plant without
any federal money. He stated he had spent many years as an engineer and felt the
city could do the work for one third the federal and state cost. He says use city
money not grants and get your money's worth.
Mayor Cooper declared the public hearing closed.
City Council Minutes
February 3, 1981 - 7:30 p.m.
Page 10
D.F. Romero, Public Services Director, then explained that the existing require-
ments by the state and federal government brings the cost to approximately 6
million dollars including a very high level of treatment and pumping and pipeline
to Laguna Lake. With the lessor level of treatment now recommended by the state
he estimated the plant cost to be about 5 million dollars. He then briefly
reviewed that work was to be accomplished under the various grants applied for
by the city.
Councilman Dunin felt the city should accept the grants but felt that the city
should first appeal the grant conditions with the state of California.
Councilwoman Billig agreed that a . day delay in making a decision on the appeal
would change the conditions of the grant itself and she felt the city should
appeal the conditions of the grant before accepting the grant itself especially since the
grant itself was not in jeopardy according to our project manager at WQCB.
Councilman Bond stated he would support the grant application. He felt the city
should accept the funds and proceed with the construction. He felt this thing
had been talked about long enough by the city since 1975 and he said if it was not
done by grant funds, the city would have to pay for it themselves.
Councilman Munger agreed that the city should move forward with the grant applica-
tion before the money is given to other agencies or the program is stopped
completely. He also agreed that even if the program was stopped the city would
have to comply with the environmental rules and upgrade the sewer plant.
On motion of Councilman Dunin, seconded by Councilwoman Billig, that the staff to
apply for a time extension on the grant application and request a change in
conditions for servicing the area outside the city.
Motion lost on the following roll call vote:
AYES: Councilmembers Dunin and Billig
NOES: Councilmembers Bond, Munger, and Mayor Cooper
ABSENT: None
Councilwoman Billig urged the City Council to first consider the grant condition
appeal in order to get the final words of the commission conditions before the
actual work was accomplished and the grant applied for.
On motion of Mayor Cooper, seconded by Councilman Munger, the following resolution
was introduced: Resolution No. 4394 (1981 Series), a resolution of the council
of the city of San Luis Obispo accepting grant offers for improvement of the
wastewater treatment plant and directing staff to file an appeal on certain of
the service conditions imposed by the grant.
Passed and adopted on the following roll call vote:
AYES:. Councilmembers Munger, Bond, and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
Councilwoman Billig stated that she felt accepting the grant and then appealing
the conditions of the grant did not make any sense because if you accept the grant
why should the state even consider changing any of the grant conditions.
At 10:45 p.m. the City Council adjourned to executive session.
At 10:55 p.m. the City Council adjourned to a regular session with all council -
members present.
There being no further business to come before the City Council, Mayor Cooper
adjourned the meeting to 4 p.m. Tuesday, March 17, 1981.
APPROVED BY COUNCIL ON: '
2/17/81 T.3 izWfick, City Clerk
0