HomeMy WebLinkAbout02/22/1977MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 22, 1977.- 7:30 P.M.
COUNCIL CHAMBERS, CITY HALL
Roll Call
PRESENT: Councilmen Graham, Gurnee, Norris, Petterson and
Mayor Schwartz
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; D.F. Romero, Director of Public Services;
Wayne Peterson, City Engineer; Rob Strong, Director
of. Community Development
1. Council consideration of the.tentative map of Tract No. 592,
Los Verdes Estates, Phase III, Garden Homes, Ltd. (Continued from the
February 15, 1977 Agenda; Item No. 6).'
Mayor Schwartz explained that..the consideration at this time was a
continuation of the.Council's hearing of February 15, 1977 which had to
be discontinued due to the lateness of the hour. He then asked the City
Council whether they wished to open it again to the public or to continue
the deliberations from that meeting.
The Mayor submitted a letter from.Liz Fisher requesting that the City
Council open the hearing for more public input as she felt that the public
was.not.:aware that the February 15, 1977 Council session was the final
public hearing. She also stated that she felt Mayor Schwartz was uncer=
tain as to the status of the project hearing as evidenced by discussion
of the City Council:_ She also felt that additional problems had been
discovered such as liquification danger during an earthquake which should
be clarified, and she asked that a letter by Dr. David Chipping, Geologist,
be entered into the public record. Finally, she again stated that most
citizens were not aware that the February- 15;_1977 session was the .final
public hearing in which they could make statements and she said as there
had not been sufficient p.ublic.notice.the.matter should be-reopened-to
the public for participation., She suggested due to the complexity of the
issue that it should go to a public vote rather than allow a few council -
men-to decide such an important issue.
Councilman Gurnee stated he had no objection to reopening the hearing if
there were additional information that would make the decision more complete.
Councilman-Norris stated as-.far as he.was concerned, he felt the City had
heard a great amount of testimony and he did not wish to go over the same
ground again. He also felt that the meeting of February 15, 1977 was
properly advertised and he wonderedlif the ;•earthquake and�liquification
issues had not been completely covered in the EIR.
Rob Strong, Community Development Director, stated yes, that the earthquake
problem and liquification:had been covered in the EIR.
., .. ....
Councilman Petterson stated that the City had been studying this tract
fo.r.over.-,20 months and he felt there had been enough exposure of this
development to the public. Unless there were new matters on this devel-
opment unknown at this time, he felt that the public hearing should not
be reopened but that the City Council should proceed and discuss it and
either adopt it or reject it.
City Council Minutes
February 22, 1977
Page 2
Rob Strong stated that there was nothing new that he was aware of.
Councilman Graham felt that there had been sufficient coverage on this
problem and unless there were new revelations he felt the hearing should.
not be opened to the public.
Mayor Schwartz felt there had been sufficient exposure to public scrutiny
and did not feel that the public hearing should be reopened unless someone
could show there was additional and dramatic information on the project
not previously brought out. Therefore, it was the common consent of the
Council not to reopen the hearing to the public.
Councilman Norris stated that to him the most important issue was the
creek modification and channelization and he felt that this was the most
important to protect the citizens from flood damage and he felt that the
improvement modifications as presented would be of great benefit to the
City of San Luis Obispo. He also felt that the creek modification was a
value to the people as a recreational area. He would fully support the
creek modification as beneficial to the citizens of San Luis Obispo for
its flood control and recreation benefits. He also felt he could support
the development of the single family residences as there was a definite
need for this type of housing and the area was acceptable to him. He felt
that the developer should be complimented for his cooperation with the
City, Fish & Game, Engineer Corps, etc.
Mayor Schwartz agreed that this proposal was very complex in that there.
were two major items involved: 1) A single family tract in this area and
2) the creek modification and channelization. He felt that these two
items should be separated and considered:l) the creek, and; 2) the tract.
He reviewed in detail the work that had to be done in the creek modifica-
tion as presented by the City staff and their recommendations. He also
reviewed the staff recommendation for denial of the proposed single
family development. Mayor Schwartz then read the requirements of.the
State of California in the preparation and consideration of an EIR. He
continued that if this tract were approved, it would help solve the flood
problem in this area of the City, particularly at the junction of San Luis
Creek and Prefumo Creek and subsequently would protect the citizens of San
Luis Obispo. He felt that with.proper consideration, the creek environ-
ment could be improved and protected with native wild life and plants.
The Mayor stated-that as far as the design of the tract was concerned, he
felt that single.family development was wrong for this area. He felt that
looking at the general plan, it should be developed compatible with neigh-
boring developments such as condominiums to the south or mobile homes to
the north. He could not approve the tract design as proposed, but he
could accept the creek modifications.
Councilman Petterson stated he agreed with the Mayor and that the Council
should consider the two issues separately: 1) creek modification and
channelization, and; 2) the tract development.
The City Council then discussed at length what would be good use of this
parcel of land if a single family development were declared unsuitable.
Council discussed planned unit development, mobile home parks, etc.
Councilman Norris again spoke in support of the - proposed single family
development rather than a planned unit development, mobile home park or
whatever,'as he felt these other developments were inferior to family
housing. He suggested that the City Council endorse the Planning Commis-
sion's action and approve Tract No. 592 as proposed subject to the 27
conditions established by the Planning Commission and the Planning staff.
On motion of Councilman Norris, seconded by Councilman Petterson, the
City Council Minutes
February 22, 1977
Page 3
following resolution was introduced: Resolution No. 3255 (1977 Series),
a resolution.of the Council of the City of San Luis Obispo granting
approval of the tentative map of Tract No. 592, Los Verdes Estates, Phase
III. Following are the 27 conditions that are listed on Resolution 3255:
1) The subdivider shall correct overland flood hazard-conditions affect-
ing his property and obtain clarification of the Flood Information
Report from the Corps of Engineers regarding flood hazard conditions.
2) The subdivider shall modify the San Luis Creek channel in the vicinity
of the subdivision (approximately 3200 foot section) per preliminary
plans on file with the City and to the approval of the City Engin-
eeiing Department,:.Flood District Zone 9, California Department of
Fish and Game and any other agency with jurisdiction. The modifica-
tion shall be completed concurrent with the subdivision improvements
required by the City and prior to occupancy of any buildings. All
rough grading of creek channel modifications shall be completed prior
to commencement of street improvements and /or building permits
issuance.
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 planting
which die,.for a minimum period of one year after installation.
4) The storm drain 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 3' box culvert
across Higuera shall be removed or plugged to the approval of the
City Engineer.
5) All grading shall be per the City's Grading Ordinance and be reviewed
and approved by the City Council prior to final map recordation.
6) The subdivider shall install all curb, gutter, sidewalks, street
pavement, street signs, street lights and utilities to City and
utility company standards and approval.
7) Curb grades shall be a minimum of one percent unless an exception is
granted by the City Engineer.
8) The subdivider shall dedicate to the City and improve sufficient
right-of-way on Higuera Street to accommodate a 42- foot..section
from street centerline to property line to the satisfaction of the
City Engineer.
12) The subdivider shall obtain required rights from Tract 467, Unit I,
for utility tie -ins as shown on tentative tract map.
9)
The subdivider shall dedicate to the City a one foot non - access
strip at proposed-six foot high wall adjacent to Higuera Street.
10)
The subdivider shall dedicate to the City Lot 94 for public utility
and emergency access easement purposes, and Lot 95 for open space and
creek maintenance purposes.
11)
The subdivider shall pay...park in lieu fees in amount of $150 per lot
prior to final tract map approval. Creek bank and open space offered
'
for dedication to City is not considered a credit for park land
dedication. If said area is improved and acceptable to the City,
partial credit for park land dedication will be determined by the
Planning Commission.
12) The subdivider shall obtain required rights from Tract 467, Unit I,
for utility tie -ins as shown on tentative tract map.
City Council Minutes
February 22, 1977
Page 4
13) All public services easements containing underground utilities shall
Councilman Gurnee spoke against the resolution as he was opposed to creek
channelization and to the development of single family housing in a flood
be developed with an all- weather dust -free access, at least 12 feet
in width.
14)
Union Oil Company shall be requested to sign the subdivision improve-
ment plans and final tract map. .
15)
All building sites shall be at least one foot above maximum 100 -year
flood elevations.
16)
All water lines shall be 8 inches and be looped. Any short stubs
which will not be extended in the.future may be 6 inches in diameter.
Fire, hydrants shall-be installed at the ends of stub.lines.in lieu
of blow offs at cul -de -sacs unless otherwise required by the City.
17)
Fire.hydrants shall be located and.be approved .by the Fire Department.
18)
Sewer lines shall be 8 inches in diameter except for a run.from the
last manhole ending in a lamphole which will not be extended in the
future. The 8" sewer being extended out to Higuera Street shall end
with a lamphole.
19)
The subdivider shall install street trees to the approval of the
Public Services Department and there shall be a 10' street tree ease-
ment along all street frontages.
20)
The existing mature trees located in the northwest corner of the
subdivision shall not be disturbed. The subdivider shall.take all
precautions 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.
21)
Street names shall be revised to the satisfaction of the Community
Development Director.
1
22)
The subdivider shall pay water acreage fees (currently estimated at
$17,047.75, 18.43 acres at $925 per acre). Actual fee, to be deter-
mined at time final map is recorded.
23)
The subdivider shall pay water frontage fees (currently.estimated at
$5,300.25, 573 foot frontage, after dedication, at $9.25 per foot),
less any allowable credits. Actual fee to be determined at time
final map is recorded.
24)
The subdivider shall pay sewer connection fees (currently estimated
at $1,000.89, $3.471698 per person, 3.10 persons per unit, from
census data, for 93 units).
25)
The subdivider shall install low: maintenance landscaping and watering
system in the area along Higuera Street between the block wall and
the,sidewalk, acceptable to the Community Development Department and
Architectural Review Commission.
26)
The subdivider shall install uniform six foot high fencing or screen-
ing acceptable to.-the City on the southern.property line of Lots 3
through 14.
27)
The subdivider shall plant at his cost 750 steelhead trout smolts in
San Luis Creek, annually, for a period of three years, at the
direction of the Department of Fish and Game.
Councilman Gurnee spoke against the resolution as he was opposed to creek
channelization and to the development of single family housing in a flood
City Council Minutes
February 22, 1977
Page 5
plain which guaranteed no flood control or flood proofing. He'would support
only sufficient creek modification to protect other private developments
in the area, although he would consider a trade -off with some development
taking land out of the flood plain.
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following amendment was offered to the previous resolution, adding condi-
tions,28, 29, and 30.
28) The power lines at the southern boundary of the property shall be
undergrounded or contributing funds to future undergrounding at a
later date.
29) An inspector, well trained in the areas of creek ecology, shall be
hired by the City and paid for out of subdivision inspection deposit
to assure that the conditions of this subdivision related to the
creek modificatons:.are.:complied with.
30) half of.the lots created by this subdivision shall be offered to
potential purchases for purchase by a lottery design to facilitate
the sale of said lots on an individual basis to interested members.of
the general - public. These lots shall be evenly dispersed throughout
the subdivision. At least 10.days before these lots the subidivision
will offer for sale notice of an offer to sale by lottery shall be
published once a week for two consecutive weeks in a daily newspaper
of general circulation. The purpose of the lottery system shall be
to select potential purchases of lots in the event there are more
purchases than lots available. The lots should not hold any
further commitment on the purchaser other than purchasing an undev-
eloped lot. The developer shall have the right to fix in advance a
statement of price. If after one year any of the lots sell for
under lottery have not been sold said lots shall fall under control
of the subdivider to dispose of the property in the manner he wishes.
Mayor Schwartz stated he was opposed to the single project allocation of
lots by lottery or other means to guarantee lots to private purchases,
that he would support creek modifications but was opposed to the conven-
tional subdivision development.
Councilman Norris stated that he.was opposed to the suggested lottery on
50 lots for purchase by private persons but he would support the tract
map and creek modifications as submitted.
Roll call on the amended motion:
AYES: .Councilmen Gurnee, Petterson and Graham
NOES: Councilman Norris and Mayor Schwartz
ABSENT: None
Original resolution as amended passed and adopted on the following roll
call vote:
AYES: Councilmen Norris, Petterson and Graham
NOES: Councilman Gurnee and Mayor Schwartz
ABSENT: None
At 8:45 p.m., Mayor Schwartz declared a recess. At 9:15 p.m..:the meeting
reconvened with all Councilmen present.
2. At this time the City Council began a preliminary discussion of the
1977 -78 Capital Improvement Program with the City Staff.
City Council Minutes
February 22, 1977
Page 6
Richard Miller, Administrative.Officer, reviewed for the City Council his
memos of January 12, 1977 and February 8, 1977. Both memos outlined the
C.I.P. procedure started in 1970 for the consideration of the Council at
this time and the.change in approach covered by the memorandum of February
8, 1977. After discussion of the approach with the City Council, R.D.
Miller,..the Administrative Officer, briefly.reviewed pages 1 -9 of the pro-
posed 1977 -78 Capital Improvement Budget.
3. On motion of Councilman Gurnee, seconded by Councilman Graham,
the meeting was adjourned to 12:10 p.m., Wednesday, February 23, 1977.
Motion carried.
r
APPROVED: June 7, 1977
Fitzpatrick, City Clerk
-------------------------------------------------------------------
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
WEDNESDAY, FEBRUARY 23, 1977 - 12:15 P.M.
HEARING ROOM, CITY HALL
Roll Call
PRESENT: Councilmen Graham, Petterson and Mayor.Schwartz
ABSENT: Councilmen Gurnee and Norris
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; Wayne Peterson, City Engineer; D.F. Romero,
Director of Public Services; Rob Strong, Director of
Community Development
1. On motion of Councilman Graham, seconded by Mayor Schwartz, that
the City Council appoint J.M. Reiss to be a member of the Architectural
Review Commission to complete the term of Robert Maddalana who resigned
whose term expires on June 30, 1977. Motion carried and the appointment
confirmed on the motion of Councilman.Graham, Mayor Schwartz and Councilman
Petterson.
NOES: None
ABSENT: Councilmen Gurnee and Norris
2. The City Council continued their general discussion of an introduc-
tion to the 1977 -78 Capital Improvement Program as prepared by the City
Administrative Officer using the report of February 8, 1977 starting with
projects completed, etc.
3. On motion of Councilman Graham, seconded-by Councilman Petterson; the
meeting adjourned at 2:10 p.m. Motion carried; all -ayes. Councilmen Gurnee
and Norris absent.
APPROVED: June 7, 1977
J Fitzpatrick, City Clerk
1
1
1