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HomeMy WebLinkAbout12/06/1977City Council Minutes December 6, 1977 Page 2 on the Architectural Review Committee. Motion carried. J On motion of Councilman Dunin, seconded by Councilman Petterson, that the City Council appoint Myron Graham to a four year term on the A.R.C. Motion carried. AYES: Councilmen Dunin, Petterson, Settle - :NOES: Councilman Jorgensen and Mayor Schwartz ABSENT: None 2) Councilman Settle, on behalf of the Council's Subcommittee (Settle/ Schwartz), nominated the following persons to the Citizens' Advisory Committee for terms shown: Charles Dills, two years; Liz Fisher, four years; Marjorie. Sorensen, four years; Elizabeth Zeveley, four years; Robert H. Neill, four years; Bernard Duveneck, four years; James B. Griffin, two years; J.D. Schetzer, four years. On motion of Councilman Settle, seconded by Mayor Schwartz, that the nominations to the CAC with terms indicated be approved. Motion carried. 3) Councilman Jorgensen, on behalf of the Council's Subcommittee (Jorgensen /Schwartz) nominated Stephen Nelson for reappointment to a four year term on the Housing Authority. On motion of Councilman Petterson, seconded by Councilman Jorgensen, that Stephen Nelson be reappointed to a four year term on the Housing Authority. Motion carried. 4) Councilman Jorgensen, on behalf of the Council's Subcommittee (Jorgensen /Dunin), nominated the following individuals to appointments to the Human Relations Commission for terms indicated: Terry Elfrink, three years; Jeff Giuffrida, four years; Diane Griffin, four years; Melanie Sand, one year; Charles Watson, four years. n On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the nominations to the Human Relations Commission with terms indicated be approved. Motion carried. 5) Councilman Dunin, on behalf of the Council's Subcommittee (Dunin /. Schwartz), nominated the following individuals to the Parks & Recreation Com- mission for terms indicated: Jon Silverman, four years; Woody Frey, four years; Joann Levin, four years; Ms. Gerry Johnson, two years. On motion of Councilman Dunin, seconded by Mayor Schwartz, that the nominations for.the Parks & Recreation Commission for the terms indicated be approved. Motion carried. 6) On motion of Councilman Dunin, seconded by Councilman Petterson, that Councilman Dunin be appointed to the Waterways Planning Board to fill the vacancy created by T.K. Gurnee's resignation. Motion carried. 7) On motion of Councilman Jorgensen, seconded by Councilman Settle, the election of the following individuals to the B.I.A. Advisory Board were approved: Robert Humphrey; Nancy Poe; Ken Porsche; Ann Reeves; Jerry Munger; and Bud Idler. Motion carried. 1. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the public hearing to consider proposed abandonment of the portion of Henry Street between Iris Street and the Southern Pacific Company Right -of -Way, be continued to December 20, 1977, due to an error in the publication of the Notice of Intention to Abandon. Motion carried. 2. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the public hearing to consider the proposed abandonment of a portion of Pacific Street between Santa Rosa Street and Toro Street be continued to December 20, 1977, due to an error in the publication of the Notice of Intention to Abandon. Motion carried. 1 1 1 City Council Minutes December 6, 1977 Page 3 3. At this time, the City Council considered the final passage of Ordinance No. 730, an Ordinance of the City of San Luis Obispo amending the Official Zone Map of the City to rezone property on Prefumo Canyon Road, Barney Duveneck owner. Terry Sanville reviewed the area being rezoned. Mayor Schwartz declared the public heating open. No one appeared before the City Council for or against the proposed zoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, Ordinance No. 730 was introduced for final passage. Finally passed the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin and Mayor Schwartz NOES:. Councilman Jorgensen ABSENT: None 4. At this time, the City Council considered the final passage of Ordinance No. 731, an Ordinance of the City of San Luis Obispo amending the Official Zone Map of the City to rezone property located at 4400 Orcutt Road, City initiated rezoning. Terry Sanville, Planning Associate, reviewed the area being rezoned by Ordinance No. 731. Mayor Schwartz declared the public hearing open. Edwin Albert, Madonna Road, objected to rezoning of farmland to any use other than agricultural purposes, and he objected to any proposal to increase the area of the City and to increase development that would ultimately increase water and sewer rates to individuals presently living in the City. Robert Stern, Orcutt Road, again objected to the zoning of the property as conditioned under Ordinance No. 731. He urged that the property be zoned A /C. Vic Montgomery, Planner, on behalf of the property owner, requested that the property be rezoned as recommended by the City Council. Dr. DeVincenzo, property owner, spoke on his own behalf for a zoning to R -1 SP as had been proposed by the City Council after many hours of public debate. He stated that the zoning was necessary so that he could proceed with his plans. He stated that the City had complete control, particularly with the SP desig- nation. Ila Harmon would oppose any zoning of this area until the property had been annexed. Mayor Schwartz declared the public hearing closed..-'. Councilman Jorgensen stated that he would again vote against this ordinance, as he felt it contributed to sprawl, was premature and without full knowledge of utility services for the area, he could not support such a rezoning. On motion of Councilman Dunin, seconded by Mayor Schwartz, Ordinance No. 731 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None City Council Minutes December 6, 1977 Page 4 5. At this time the City Councilmen considered the final passage of Ordinance No. 732, an Ordinance of the City of San Luis Obispo amending the Official Zone Map of the City to rezone property in the north central area. Terry Sanville, Associate Planner, again briefly reviewed the provisions of Ordinance No. 732, and the results of public hearings held by the City Council. 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, Ordinance No. 732 was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson, and Mayor Schwartz NOES: None ABSENT: None 6. At this time, the City Council held a public hearing on the recommendation of the Planning Commission to consider amendments to the South Street Specific Plan, including certification of the environmental impact report as amended and previously certified by the City. Dan Smith, Senior Planner, presented for the Council's consideration, the recommendations of the Planning Commission on the amendments to the South Street Specific Plan. He stated that since the original approval by the City Council of the South Street Specific Plan, a new purchaser of the property had changed planning consultants and had prepared amendments to the plan. The revisions to the plan were basically as follows: 1) Revision to the plan eliminating all of the medium density residential depicted as'SPR -12 and 16 on the original plan and replacing it with single family residential and several lots for duplex development. 2) Elimination of the neighborhood - commercial and replacing it with commercial - recreation (Swim and Racquet Club at King and South Streets). 3) Revisions to the street circulation pattern corresponding to changes in the land use. 4) The addition of a subdivision phase -in plan as required in the adopted Specific Plan. 5) Revisions to the project environmental impact report to address impacts associated with revisions to the plan. Staff recommended, and the Planning Commission approved, the deletion in the plan of all references to City responsibility for utility improvements, since this was more appropriately resolved at the time of subdivision of the property. Staff felt that the revisions represented and improvement to the existing plan providing for better utilization of open space, improved street pattern and more appropriate land use. The intent of the proponents of the plan was to pursue development of the property in three phases with the third and last phase being initiated by 1980. Therefore, the Planning Commission and Staff recommend that the City Council adopt a resolution certifying the project EIR and amending the South Street Specific Plan as proposed. In conclusion, Dan Smith, reviewed for the City Council, the following comparisons between the original plan and the revised plan as to the use of the acreage involved: City Council Minutes December 6, 1977 Page 5 Mayor Schwartz declared the public hearing open. Rob Strong, Planner.for the developer of South Street Specific Plan Revised, again reviewed his proposed phasing of the revised plan and also revised land uses proposed and the circulation within the tract. After reviewing the proposed development, Rob Strong stated that the principal expected to be under - construction by February or March, 1978, and complete the Third Phase in the 1980's. Bob Lorenzi, representing McCarthy's Tank and Steel, adjacent property owner, stated that his principals would like to cooperate with the people developing the South Street Specific Plan in the installation of waterlines on South Street as there were inadequate lines at the present time and they would be most happy to cooperate economically with them in developing adequate water and sewer services. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated that he would support the amended Specific Plan and the EIR. He felt it was a great improvement over the original Specific ' Plan. Councilman Jorgensen stated he too would support the amended plan. He felt it was a much better plan, made better use of the land, and would make a fine living environment. He, too, would support the approval of the amended EIR. Councilman Settle stated that he would support this improved revised plan over the original plan and would support approval of both the EIR and the Revised Plan. Councilman Dunin stated that the Revised Plan was a great improvement over the first plan. He felt there was a need for single family housing and felt that this plan would supply this need. He also would approve the amended EIR. Mayor Schwartz congratulated the property owner and planner on the Revised Plan and in the density arrangements of the Revised Plan. He felt that it was a better plan than the original plan. He felt that the new Revised Plan showed better circulation and much better use of the land. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced:. Resolution No. 3459 (1977 Series), a resolution of the City of San Luis Obispo adopting the amendments to the South Street Specific Plan. ' Passed and ORIGINAL REVISED Gross Acreage 67.0 68.0 Commercial Uses .6 -0- Residential Uses 38.7 35.0 Street Area 9.7 14.1 Open Space 18.0 18.0 Private Recreation -0- 1.2 Total Number D.U. 56.2 45.0 Average Density (D.U. Per Acreage) 8.4 6.5 Average Net Density (D.U. Per Acre) 14.5 12.9 Mayor Schwartz declared the public hearing open. Rob Strong, Planner.for the developer of South Street Specific Plan Revised, again reviewed his proposed phasing of the revised plan and also revised land uses proposed and the circulation within the tract. After reviewing the proposed development, Rob Strong stated that the principal expected to be under - construction by February or March, 1978, and complete the Third Phase in the 1980's. Bob Lorenzi, representing McCarthy's Tank and Steel, adjacent property owner, stated that his principals would like to cooperate with the people developing the South Street Specific Plan in the installation of waterlines on South Street as there were inadequate lines at the present time and they would be most happy to cooperate economically with them in developing adequate water and sewer services. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated that he would support the amended Specific Plan and the EIR. He felt it was a great improvement over the original Specific ' Plan. Councilman Jorgensen stated he too would support the amended plan. He felt it was a much better plan, made better use of the land, and would make a fine living environment. He, too, would support the approval of the amended EIR. Councilman Settle stated that he would support this improved revised plan over the original plan and would support approval of both the EIR and the Revised Plan. Councilman Dunin stated that the Revised Plan was a great improvement over the first plan. He felt there was a need for single family housing and felt that this plan would supply this need. He also would approve the amended EIR. Mayor Schwartz congratulated the property owner and planner on the Revised Plan and in the density arrangements of the Revised Plan. He felt that it was a better plan than the original plan. He felt that the new Revised Plan showed better circulation and much better use of the land. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced:. Resolution No. 3459 (1977 Series), a resolution of the City of San Luis Obispo adopting the amendments to the South Street Specific Plan. ' Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3460 (1977 Series), a resolution of the City of San Luis Obispo certifying the Project Environmental Impact Report for amendments to the South Street Specific Plan. City Council Minutes December 6, 1977 Page 6 Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None 8:50 P.M., Mayor Schwartz declared a recess and announced that the new fire trucks recently purchased by the City would be on display in the parking lot behind the Council Chambers for the Public and Council's inspection. 9:10 P.M., the meeting reconvened with all Councilmen present. 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property between the west end of Luneta Drive and City Limits from R -1 (low density residential) to A/cr10 (Agricultural - Conservation); Alex Madonna, property owner. Terry Sanville, Associate Planner, presented the recommendations of the Planning Commission on the subject property which was referred from the City Council for restudy for proposed zoning of the eight -acre parcel at the southwest end of Luneta Drive. The original zoning map recommended by the Planning Commission was shown as A /C -10. The Planning Commission continued to recommend that the entire parcel be designated A /C -10. For Council information, the current zoning was R -1 (low density residential); the current land use was the grazing of cattle. The recently adopted General Plan shoed the area as low- density residential. However, policy declaration within the plan's text state that A/C zoning was also consistent with the low density residential designation. The total acreage was 7.8 acres. The surrounding land use would be single family homes to the north and east, range land to the south and west. The slopes ran from 10 to 30 %. Average cross slope was approximately 20 %. An intermittent stream which drained portions of Mount San Luis along the property's eastern boundary. The City's seismic safety element showed this property as a probable landslide area. Severe erosion had occurred on portions of the site visible from Luneta Drive. Terry Sanville continued, after presenting the Planning Commission's recommenda- tion that the Planning Staff could not agree with the Planning Commission's action, as they felt that portions of the eight -acre parcel could be sensi- tively developed with low density housing. The Planning Staff recommended that the City Council zone the eastern . portion of the property (approximately 3 acres) low density residential (R -1), which would allow construction of 6 to 9 homes in the area. The reasons for the staff's recommendation were: a) This area could be adequately served by the City's Gravity Flow Water System. b) R -1 zoning in this area would encourage the clustering of units near the base of the slopes at the end of Luneta Drive. c) Potential housing sites could be easily served by a minor extension of Luneta Drive and the construction of a cul -de -sac; this would require minimal grading and the least amount of change to the property's topography. d) Development within the proposed R -1 area would be below the crest of the ridgeline; future houses would not interfere with the natural character and profile of the land. The second staff recommendation was that the City Council zone the southwestern portion of the property '(approximately 5- acres) to A /C -5; and the reasons for this recommendation were: a) The A/C zoning would allow the continued use of the upper elevation of the property for the grazing of cattle. This was similar to the use of land outside the City Limits which was also owned by the same property owner. b) A/C zoning would help provide an effective open space transition between the urban parts of the community and its scenic backdrop, the peaks and the coastal foothills. City Council Minutes December 6, 1977 Page 7 c) A/C zoning would minimize the potential for further grading of the hillside. This factor was important since the seismic safety element showed this area as a potential landslide site, therefore, the Planning Staff recommended that the Council approve their recommendation to zone a portion of the property R -1 and A /C- 10. D.F. Romero, Director of Public Services, stated that he concurred with the Staff's recommendation that it would be reasonable to permit additional develop- ment of the property. The minor extension of Luneta Drive to create a standard cul -de -sac bulb with a cluster of houses at that location, appeared to be a very reasonable solution. It was his opinion that the arguments-raised by the neigh - bors were not valid. He continued that the amount of additional runoff which could be attributed to a minor extension of Luneta Drive would be negligible. He estimated a fraction of 1% in comparison to the runoff from the entire watershed. Finally, the water system in the area was adequate and had sufficient capacity to handle additional housing. He then reviewed, for the City Council, two major problems that occurred in the water system in this areain the last couple of years. One was caused by gophers eating through the telemetering controls and thus blocking the automatic filling mechanism; and the second problem related to a faulty alternator switch which also affected the automatic filling of the tank. Each of these problems took sometime to diagnose and to order and receive parts and to make repairs. He stated that the Public Services Department had never received a report of dirty water in the public system. The City had a sampling station at the intersection of La Entrada and Hermosa for three years and had never once obtained a bad sample at that location. The Health Department test procedures gave very definite clear results and there would be no question of contamination if such were the case. He therefore recommended that the Staff proposal be approved allowing for limited extension of Luneta Drive with a cluster of single family housing along the flatter portion of the property with A /C -5 zoning for the steeper portions. ' Councilman Ron Dunin stated that he had a possible conflict of interest in this matter and stated that he would withdraw from the Council discussion. Mayor Schwartz declared the public hearing open. Tom Maple, Planner, representing the property owner, stated that the property was presently zoned R -1 in accordance with adopted General Plan. He stated that as a professional, recognizing that this parcel was a sensitive area, and that any plans for development would recognize the sensitivity and a plan would be developed to mitigate any and all objections.of the City and the neighbor- hood. Also the property owner would comply with all City regulations on development. He then reviewed some of the problems brought out at the public hearings in front of the Planning Commission and the solutions to such problems; such as topography, slope, grading, soil, seismic elements, etc. He felt that the recommendation of the City's Staff to zone a portion of the land to R -1 was logical. He felt that the most number of buildings that could be developed in this area would be about six possibly five on the proposed R -1 area and one house on the A /C -5 area. Russ Johnson opposed to zoning any of this property to A /C -10. He felt the property owners should be allowed to develop their property within the rules and regulations adopted by the City, and not to be penalized by those who own adjacent land and just wish to use.open space. ' Ila Harmon stated she was in support of developing housing in the City. Mike Huston, 83 La Entrada, stated he was opposed to any development of this property due to additional flood waters which would cross through his property. He supported the A /C -10 recommendation and opposed any development, period, on the property. Jerry Allen, 191 Luneta Drive, was opposed to the recommendation of the City's Planning Staff that a portion of the property be zoned R -1 and that residences be allowed on this portion. She based her objection primarily on the recommendation of.the City Staff, Item #2C, which stated that this area was shown as a potential landslide site. She urged the, Council to accept the A /C -10 recommendation for the entire property from the Planning Commission. City Council Minutes December 6, 1977 Page 8 Paul Allen, 191 Luneta Drive, opposed to the rezoning recommendation of the Staff to residential uses and would hope that the Council would support the A /C =10 recommendation of the Planning Commission. He also stated that he was appalled at the lack of Planning Staff support to the Planning Commission's recommenda- tion of A /C -10 after the public hearings held by the Planning Commission on November 16, 1977. Mr. Allen then reviewed and read portions from a lengthy letter opposing the recommended rezoning that he had submitted to the City's Planning Commission. In conclusion, he stated that Madonna paid only $800.00 in property taxes for 1977 -78, which he felt were cheap taxes for this parcel of land. He then quoted from the City's brochure on planning which defined agri- cultural conservation zone: "It is to be applied,.especially around the City's edge, in creeks, hillside and greenbelt areas," and he felt that each of these conditions applied to the entire Madonna Parcel. Richard Kresja, 189 San Jose Court, opposed the Staff recommendation of zoning a portion of this property to R -1 uses. He stated that his property was adjacent to the subject property and that in the major floods that have affected the property since he had lived there, his property had eroded and washed away.. He felt the City had required inadequate culverts to handle the storm drainage. The drainage plans were not appropriate. He stated that walls had been built in an expeditious manner, but not in a controlled manner. Further, boulders rolled down the hills. Residents were glad to see that the subject property was placed back into the original zone A /C, but not to zone it R -1 which would result not only in danger to the lower properties, but would increase the property taxes. He continued that when he purchased his property eight years ago, he did not realize that this parcel was in the City and never worried about the development, but he was shocked to see that this property could be developed to R -1 use.:. He then compared the property taxes paid by the eight -acres of unimproved property with the taxes paid by an equivalent eight -acres of improved property along San Jose Court, which showed that unimproved property paid less property taxes than improved land. He finally stated that he would support the Planning Commission recommendation ' to zone the entire property A /C -10. Jerome.Janiss stated he felt that if the City required the property owner to leave the land A /C, then the property owner must over -graze the land in order to make taxes; and if the land was over - grazed, then flooding and erosion problem would be worse than at the.present time. Mayor Schwartz declared the public hearing closed. Terry Sanville upon questioning stated that in many cases the City required developers to put in on -sight improvements, but not necessarily off -site. D.F. Romero, Public Services Director, stated in no case had the City forced a developer to improve down stream off -site improvements, but that if it were necessary for development, he felt the City had this right. Terry Sanville again reviewed the designation shown on the General Plan Map and its text that R -1 and A/C are compatible to-low density zoning and he felt that the problem is of interpretation of the General Plan and that this evening the City Council was trying to precisely define the zone boundaries on the land portions to conform to the General Plan. He concluded that there were no problems in water for either domestic or fire uses. The major problems would be those of design and grading. D.F. Romero again explained that drainage for most of the City was.inadequate, old standards were used with 10 to 25 year storms as the criteria, but any new development in the City would have to develop to the 100 year storm criteria as recently adopted by the City. He again reviewed the fact that there had been no legitimate complaints regarding quality or quantity of water in this area. Councilman Settle stated that he felt the site was very sensitive to development. He stated it would be very difficult to development due to the grading and drainage problems involved. He.stated that he could support an A /C -5 with no quarrel, but he was worried about any development to the R -1 zone specifications even if modified by sensitive designation. He would support the Planning Commission's recommendation to zone the entire parcel A /C. City Council Minutes December 6, 1977 Page 9 Councilman Petterson stated that he would support the staff recommendation or a combination of R -1 and A/C zoning which he felt would be equitable and just to the property owner and also to the City. He felt that the City had tools to see that three or four houses are developed properly on the property. He would support R -1 on a portion of the block. Councilman Jorgensen -- disagreed that the City had proven tools to enforce sensitivity ' regulations.nor a staff that would use the tools if necessary. Therefore, he could not support the staff recommendation primarily due to the potential.problems involving the drainage and erosion of the land. He would support the Planning Commission's recommendation that land be zoned A /C -10. Mayor Schwartz stated that this was a difficult decision, but felt that the decision must be made in the best interest.of the City. He felt that there had been a long list of problems in the area; drainage, erosion, etc., which would continue unless some development was made on the subject property to mitigate these problems. He felt that if this site were developed, some of these problems could be mitigated. While he could not buy the R -1 zoning, he felt that some development should be allowed to help alleviate some of the problems to the area; so he felt that the staff recommendation is somewhere in the right area which would allow some development under strict City control. He felt he could support a zoning that would allow up to four units on a portion of the property. Councilman Petterson moved that the City accept the Staff recommendation of a combination R -1 and A /C -5 zoning. Motion lost for lack of a second. Councilman Jorgensen moved, seconded by Councilman Settle, that the City Council accept the Planning Commission recommendation to A /C -10. Motion lost on the following roll call vote: ' AYES: Councilmen Jorgensen and Settle NOES: Councilman Petterson and Mayor Schwartz ABSENT: Councilman Dunin On motion of Mayor Schwartz, seconded by Councilman Petterson, that the City Council accept the recommendation of the City Staff to zone a portion of the property (approximately 3- acres) R -1 -S and approximately 5 -acres A /C -5, with the Staff to refine the boundary of the R -1 -S District to exclude areas which had slopes greater than 30 %. Motion lost on the following roll call vote: AYES: Councilman Petterson, Mayor Schwartz NOES: Councilmen Jorgensen, Settle ABSENT: Councilman Dunin Councilman Settle moved that the area in question be zoned R- 1 =S -2. Motion died for lack of a second. On motion of Councilman Petterson, seconded by Mayor Schwartz, the following Ordinance was introduced: Ordinance No. 733 (1977 Series), an ordinance of the City of San Luis Obispo amending the Official Zone Map of the City to rezone property located at the west end of Luneta Drive. Introduced and passed to print on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Dunin Councilman Dunin returned to the meeting and took his place at 10:45 P.M. City Council Minutes December 6, 1977 Page 10 8. At this time the City Council held a public hearing on a Staff recom- mended proposal regarding Master Planning of County Facilities. 1) Portions of the county land northeast of Johnson Avenue be declared surplus, excluding the hospital and parking facilities. 2) The county land southwest of Johnson Avenue adjacent to County School Offices be considered for new Human Services Facilities, including .Juvenile Hall. 3) County.prepare a Master Plan for expansion of County Facilities downtown. 4) City to initiate long -range program for acquisition of land and development of parking and circulation improvements to facilitate expansion of County Facilities downtown. 5) City to participate in preparation of County expansion plans and to incorporate these plans into a comprehensive downtown Specific Plan. Henry Engen, Community Development Director, reviewed for the City Councilmen present, the reasoning and background for the City Staff recommendation on Master Planning of County Facilities as outlined in the notice. The City Council received a petition signed by 23 property owners stating "We the undersigned property owners and residents, oppose.the construction of a Juvenile Hall on Johnson Avenue near the County Health Department." Councilman Dunin asked why did the staff without direction from the Council, again bring up the development of the Johnson Avenue County Development, when both the County Board of Supervisors and the City Council, after a neighbor- hood uproar rejected all further development of Johnson Avenue site, except for possible expansion of the hospital facilities. Henry Engen stated that the City Staff was.hoping to break the log -jam between the City and County on cooperating for the development of the County Facilities within and near the City of San Luis Obispo. Mayor Schwartz then explained to the public that this City Council and prior Councils had supported the so- called bi -polar concept of development of County Facilities which had been approved by both the City and the County which basically was to keep the Courts and Administration buildings downtown and human services on both sides of the Johnson Avenue area. Mayor Schwartz declared the public hearing open. Enrico Bongio, 2075 Sierra Way, objected to the City Staff proposal to develop County Human Resources Facilities (Juvenile Hall) on Johnson Avenue. He stated that the proposal was idiotic and was adding an encroachment of high -use facilities on a stable R -1 zone. He felt the traffic was intolerable now on Johnson.Avenue and what would it be if additional County Facilities were placed there. N.R. Stennett, 2250 Flora Street, again discussed the fact that over 3,000 residents of the Flora /Johnson area had submitted petitions to the City and County not to develop further facilities on the ,Johnson Avenue site, on either side of Johnson Avenue, and he could not understand why the City Staff in violation of this action by the City Council and Board of Supervisors who accepted this fact, again brought up placing facilities on Johnson Avenue. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated he did not feel the Johnson Avenue area was compatible with Juvenile Facilities. He felt only minor additions should be made at the hospital site. He felt that major County Facilities should stay downtown, but he did not know where to recommend to locate the Juvenile Center. 1 1 1 1 1 City Council Minutes December 6, 1977 Page 11 Councilman Jorgensen stated without a doubt, the County must develop an adequate Juvenile Facility to take care of the juveniles of the County of San Luis Obispo, but if the neighbors were really afraid of the Juvenile Center, then he did not know where to go next, although he felt he would support the Staff's recommend- ation and ask the County Board to develop some facilities on Johnson Avenue. While he did not feel that Johnson Avenue was the best location for a Juvenile Facility, he hoped . that it might provoke some dialogue with the County Board of Supervisors on development of County Facilities. He would support a commit- ment by the City to develop a parking structure for downtown San Luis Obispo with or without County support. . Councilman Settle stated he felt that what all this dialogue showed was a lack of cooperation and communication between the City and the County, and unless this was opened up, nothing was going to happen to the detriment of the taxpayers of both the City and the County. He stated that he would support the staff recommendation, primarily as a possible method to open discussion with the County Board of Supervisors. Everyday that the County Development was put off, costs were going up and the taxpayer would have to pick up the additional cost, although he personally was opposed to future development on Johnson Avenue, he would not support. Johnson Avenue for the Juvenile Center openly. He hoped that the County would keep their major facilities downtown and he believed that the City should initiate a progressive parking program immediately. Councilman Dunin asked if the County, Board of Supervisors were aware of the County and City Staffs on their proposed resolution. Ned Rogoway, County Planning Director, stated no, that to his knowledge the County Board of Supervisors had not seen or acted on the City Staff proposal. Councilman Dunin stated that it was his feeling that the Board of Supervisors had completely given up any development for improvements at Johnson Avenue. Ned Rogoway agreed and further added that_the:_Board of Supervisors, nine months ago directed the staff to acquire the Marsh Street site and plan it for develop- ment of Human Resources including the Juvenile Center. Councilman Dunin stated that proceed with their own plans do what they were elected to County Government, but to do stated that he.would support of any further developments in his opinion, the and responsibilities do, operate the City what the City can do the Staff Resolution 3n Johnson Avenue. Mayor Schwartz stated that in his opinion, th been built a long time ago on the existing si that it..•was nice to hear optimistic notes for Council and the Board of Supervisors, but he some effect of this first. He would support that he would go along with what he heard the the Juvenile Facilities on Johnson Avenue. Board of Supervisors should and the City Council should and not try and run the to support the County. He except for recommendation e Juvenile Facility should have to on Johnson Avenue. He stated cooperation between the City felt that he would like to see the resolution of Staff, except majority of the Council opposing On motion of Councilman Settle, seconded by Mayor Schwartz, that the Staff be directed to continue to meet with the County Staff on areas of mutual cooperation, such as parking, expansion of Courthouse Facilities downtown, etc. Motion carried. 9. Discussion of Sinsheimer Softball Proiects: a) Memorandum from the Advisory Committee on Joint Recreational Use of School District Property recommending that the City Council appropriate $55,000 to install lights at the Softball Field and asked the Council to consider the possibility of adding an additional softball field within the Sinsheimer Park Complex. Jim Stockton, Parks & Recreation Director, stated that this lighting project was the first priority request of the Park & Recreation Commission Joint Advisory Committee and Recreation Department Staff for the 1978 -79 C.I.P. R.D. Miller, Administrative Officer, stated if the Council approved this expenditure, the improvements would fit in with the completion of the softball City Council Minutes December 6, 1977 Page 12 field at Sinsheimer which was being constructed by volunteer groups., Jim Stockton, Director of Parks & Recreation, submitted a report to the City Council, as requested, on softball operations within the City. He reported that in ten years, the softball league in San Luis-Obispo had grown from 20 teams to 100 teams, from 400 participants, to over 2,000 and from ten games per week at Santa Rosa Park to 25 games per week, and from one tournament per season to as many as six tournaments. He stated that the Recreation Department scheduled as many games at other fields scattered throughout the City, but that Santa Rosa Park had absorbed the brunt of the group as it was the only facility with lights for night play, and it was the only time available to working men and women who wish to pursue recreational activities in their leisure time. During the same period of time, the City had experienced accelerated growth in recreational softball activity (urban growth has completely encircled the Santa Rosa Park Facility) bringing with it the inherent problems of boisterous, healthy recreation activities with enthusias- tic fans versus the serenity wished for in residential back yards. Some of the complaints that have been received by the Council concerning the softball activity at Santa Rosa Park field are: 1) Continual dust blowing in the yards along Ellen Way. 2) Noise from players and spectators. 3) Late night games. 4) Trespassing into back yards to retrieve foul balls. As requested by the Council, a study of the Santa Rosa Park Facility was undertaken to determine how some of these problems could be mitigated_. The findings included: 1) Relocation of the softball field within the park is not feasible for the following reasons: a) moving the epicenter of noise from present location to another ' location would move it from being close to one back yard to close to another back yard; b) none of the current lighting system could be salvagable for reinstallation, making relocation as expensive as a new facility; c) without demolition of other park features, size requirements would not allow relocation. 2) Dust problems at present location; the Staff believes can be mitigated in two ways: a) replacement of the baywood sand to the infield with a heavier decomposed granite material capable of holding more moisture; b) paving of the dirt area behind the line fences and in spectator areas. Both these measures were initiated prior to this problem reaching Council level and will be completed prior to the 1978 Season. 3) Trespassing in the back yards to retrieve foul balls: a) this problem would be partially mitigated with the installation of a high -level netting which would:keep 85% of the foul balls in the park. This problem was also anticipated -- netting is on order and will be installed prior to the 1978 Season. Concerning a 10 -ft. high fencing requested by one neighboring property: a) although this alternative would somewhat mitigate_ the problem of trespassing into private yards from the park, I believe a complete study.is indicated as to its impact concerning aethetics, functionability and really if all neighboring parties affected would want such an edifice in their back yards. City Council Minutes December 6, 1977 Page 13 4) Noise from players, spectators and late night games. Exuberance in soft- ball from players and spectators is a free - flowing by- product and if recreation activity is one way of relieving stress then the participant is a healthy out- come. To mitigate this sometime explosive exuberance, a dense planting is planned and a portion already in.the.ground between the field and the affected properties. This planting is similar to the noise buffers provided along freeways. The only real measure that will ease the problem of noise and late::: ' night games would be the ability to schedule many of the Santa Rosa Park games at new facilities as yet unavailable.for play. Primary new facility locations, anticipated costs and possible completion dates should funding become avail- able, will be discussed. RECOMMENDATIONS REGARDING SANTA ROSA.SOFTBALL FIELD Jim Stockton stated that the temporary construction halt of the mitigating measures discussed above be immediately lifted to insure completion of these items prior to the 1978 playing season. That, should a high property line fence be all affected property owners be 'contacted t is singular or of the entire neighborhood's POSSIBLE FUTURE SOFTBALL FIELD SITES SITE NO. 1 - SINSHEIMER PARK necessary as a further mitigating, o determine whether this request concern. Jim.Stockton reported that he hoped the Council was aware that a volunteer group with volunteer projects and monies, have started construction of a Master Planned Field at Sinsheimer Park. To date, this group has accomplished: a) Field grading b) Irrigation System c) Skeletal materials for backstop and fencing. d) Turf grass seed e) Infield material The volunteer project is now at a standstill because volunteer funds have been exhausted for listed materials. If the Sinsheimer Field was to be ready for twilight play during the 1978 Season, the following would be necessary now: Past information had pinpointed the need for lighting the Sinsheimer Field and recommendation to accomplish this in the C.I.P. have been first priority from Park & Recreation Commission since 1976. This item continues as Park & Recreation priority #1 for 1978 -79 C.I.P. and has been computer estimated by volunteer consultant at $54,000. a) $3,500 for fencing fabric, soil amendments, field furniture and hard goods. b) The Park Maintenance Division of Public Services Department commit one man half -time for one month to assist in welding, planting, fence and backstop construction. c) That Park Maintenance equipment be made available, on a T.A. schedule ... to minimize impact on regular operation, for replacement of materials and equipment. If Sinsheimer Field is ready for twilight play (unlighted) during the 1978 Season, by calendar schedule, we can predict the following decrease in play at Santa Rosa Field if a one -year moratorium is placed on league expansion. ' a) All Sunday games, with the exception of tournament weekends, be eliminated from recreation league schedule. ( Regular 1:00 - 7:30 P.M.) b) Late games during the month of August (Monday thru Friday, 9:20 - 10:50 P.M.) and late games Wednesday nights for entire season (9:20 - 10:50 P.M.) would.be eliminated. c) The entire league season would end two weeks earlier than the 1977 Season. Past information had pinpointed the need for lighting the Sinsheimer Field and recommendation to accomplish this in the C.I.P. have been first priority from Park & Recreation Commission since 1976. This item continues as Park & Recreation priority #1 for 1978 -79 C.I.P. and has been computer estimated by volunteer consultant at $54,000. City Council Minutes December 6, 1977 Page 14 SITE NO. 2 - MEADOW PARK The next logical expansion of lighted softball facilities would be Meadow Park. The relocation of the existing facility to accommodate all levels of league play is dependent on park land dedication that would be realized from "Woodbridge Subdivision" (South Street Specific Plan). This Development dedication w.ould,.in part, add a one hundred foot wide strip along the southwest boundary of Meadow Park allowing the softball field to be relocated away from park center and away from the dangers of South Street. The redevelopment would also allow additional off - street parking for park users. Preliminary cost estimates for landscape development of dedication relocation of softball field, installation of off - street parking and lighting the softball field is $80,000 with possible 18% inflation factor annually. (Included in preliminary C.I.P. 1978 -79). SITE NO. 3 - OTHER POSSIBLE SITES (Note: Cost estimates, availability and feasibility studies had not been run on these sites.) a) San Luis Junior High School, upper field (Preferred Use Agreement with local school district would be necessary). b) C.L. Smith Elementary School Joint Use Area (Proximity to residential areas may be limiting factor . in night play). c) Laguna Lake Park (Weather conditions make this an unlikely choice). R.D. Miller, Administrative Officer, made the following.recommendations to the City Council: 1 1) Resume work under 2(a) and (b). 2) Resume work under 3(a) -- netting. 3) Continue work under 4. 4) Let contract for (a) and (b), (If Sinsheimer Field is to be ready for twilight play), using portion of $46,000 budgeted under C.I.P. fund for drainage, landscaping and softball field improvements at Sinsheimer Park. 5) Consider lighting Sinsheimer Softball Field as high priority item in next year's C.I.P. 6) Await further development at Meadow Park site, i.e., park land dedication in connection with Woodbridge Subdivision, consideration of future C.I.P. item, etc. 7) Authorize the Park & Recreation Staff to contact the School District to see if other sites can be used. 8) Hold off on development of other alternatives until work programs have been authorized. On motion of Mayor Schwartz, seconded by Councilman Settle,.that the City Council accept the report of Jim Stockton and that the City Council accept the recommendation of the Administrative Officer,and the Staff _ proceed as expeditiously as possible on the various recommendations. Motion carried on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen 10. At this time the City Council reviewed the legal opinion of the City Attorney on whether City funds could be validly expended by making a contribution to the Cal Poly Mustang Stadium Renovation Fund.' Allen Grimes, City Attorney, after presenting an extensive rationale stated it was his opinion that if implemented by an appropriate agreement between the City and Cal Poly containing appropriate findings of Public and Municipal purpose that an appropriation of City monies to the Mustang Stadium Renovation Fund would be held valid if challenged in Court. City Council Minutes December 6, 1977 Page 15 The City Council considered a memorandum from Charles Dills, Chairman of the Citizens' Advisory Committee, stating that by unanimous vote of the members present, the CAC strongly recommended that the City Council not contribute public funds towards the :.:renovation of Mustang Stadium. They felt it was doubtful that city funds from whatever source should be used outside the city limits for improving State property. ' Russ Johnson appeared before the Council stating he was opposed to the City Council giving any public funds to Cal Poly for :.renovation of Mustang Stadium without a vote of the people. He felt that any tax monies should be used only for the good of all the citizens of the City and not for special interest groups such as athletes and people who support athletics at Cal Poly. Bob Brown representing Cal Poly Foundation, spoke in support of his request for $5,000 toward the Mustang Stadium Renovation Fund. He felt that this grant would help develop a new facility which would benefit all the citizens of the City and the quality of life in the community. He stated that the monies would be returned to the City many times from attendance at events at the Stadium. He then listed some of the events other than athletic that were held at the Stadium such as the University Graduation, High School Graduation, Concerts, etc., which were enjoyed by the citizens of San Luis Obispo and did add to the quality of life. Councilman.Settle stated that he would not support a grant of City funds to the Stadium :-Renovation Fund with any city tax monies. He felt that the city monies should be spent within the City. Councilman Dunin agreed that city funds should be used only in the City, but had no opinion on this particular grant. Councilman Petterson stated that he would oppose any funds from the City, as he did not feel it served a Municipal purpose eventhough the City Attorney felt that it might. Councilman Jorgensen stated he also did not agree that this grant was serving a useful purpose and he would oppose any public funds to Cal Poly Stadium. Mayor Schwartz stated that he could see that this might be a Municipal purpose and that the community did receive benefit from the Stadium, such as the graduations, concerts, etc., and he felt that he could support the recommendation of the Promotional Coordinating Committee to grant $1,000 towards the Stadium Renovation.. Fund. On motion of Councilman Petterson, seconded by Councilman Jorgensen, that the City deny the request and not grant $5,000 to the Mustang Stadium "Renovation Fund. Motion carried on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin NOES: Mayor Schwartz ABSENT: None The City Attorney presented for the Council's consideration, a resolution of 1 the Council of the City of San Luis Obispo, approving an agreement between the City and Stephen N. Cool for prosecution of Municipal Code Violations. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3467 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving aiagreement between the City and Stephen N. Cool for prosecution of Municipal Code Violations. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None City Council Minutes December 6, 1977 Page 16 BI9� V1d@ *4 09 C -1 On motion of Councilman Settle, seconded by Councilman Petterson, to approve claims against the City for the month of December,.1977, subject to the approval of the Administrative Officer. Motion carried, all ayes. C -2 On motion of Councilman Settle, seconded by Councilman Petterson, to approve the following pay estimates and change orders: Bailey Construction Co. FIRE STATION NO. 4 C.P. 41B -03 Boyd Construction Co. WATER TREATMENT PLANT C.P. 4131 -77 Conco Engineering Co. SANTA ROSA WIDENING C.P. 41B -06 Conco Engineering Co. PARKING LOT, 630 Monterey C.P. 4139 -77 Conco Engineering Co. MITCHELL PARK PLAYGROUND C.P. 4132 -77 Madonna Construction Co STREET RESURFACING C.P. 41B -05 Morro Bay Glass Co. LIBRARY BLDG. C.P. 41b -16 Vic's Pipeline Co. SEWER INSTALLATION C.P. 41B -15 Motion carried, all ayes. Est. 413 Est. 411 Est. 414 FINAL C.C.O. 411 Est. 413 Est. 414 FINAL C.C.O. 411 Est. 413 Est. 419 FINAL C.C.O. 413 C.C.O. 414 C.C.O. 415 Est. 412 FINAL Est. 411 Est. 411 Est. 411 $27,544.70 36,503.50 1,543.90 (1/9/78) 360.00 4,643.10 2,459.20 (1/9/78) 2,660.00 3,627.90 10,468.82 1,800.00 - 405.82 1,114.40 (1/9/78) 2,961.80 (1/9/78) 26,656.20 3,852.67 15,617.70 C -3 On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3461 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and the County of San Luis Obispo for extension of City Sewer and Water Service to the County Airport. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None C -4 On motion of Mayor Schwartz, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3462 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Richard B. Taylor & Associate, Architect, for Mission Plaza Expansion Design Work. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None 1 1 1 City Council Minutes December 6, 1977 Page 17 C =5 On motion of Councilman Settle, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3463 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Elwood M. Stone for reimbursement for a water line when additional parcels made connection to said line. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Settle, seconded by Councilman Petterson, the following resolution was introduced: Resolution.No. 3464 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Duenow, Burke & Smith for legal services for Police Chief in appeal of discipline by Lt. Larry Lunsford. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Settle, Dunin and Mayor Schwartz NOES: None ABSENT: None C -7 On motion of Councilman Settle, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3465 (1977 Series), a resolution of the Council of the City of San Luis Obispo authorizing the appropriation of funds received under the Federal Antirecession Assistance Act. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None. C -8 On motion of Councilman Settle, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3466 (1977 Series), a resolution of the Council of the City of San Luis Obispo amending the joint powers agreement with the Monterey Bay Area Regional Training Center. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None C -9 Request for business license application by Richard E. Inman DBA "Gene's Homemade Ice Cream" for a business license to operate an ice cream ' pushcart in the Mission Plaza was denied on motion of Councilman Jorgensen, seconded by Councilman Dunin. Motion carried, all ayes. C -10 On motion of Councilman Settle, seconded by Councilman Petterson, the request of the Utilities Superintendent for Council approval of a funding program to include fund request of Charles French for a fire hydrant installa- tion was approved. Motion carried, all ayes. BIDS RECEIVED B -1 The City Clerk reported that.no bids were received for the "SLUDGE DIGESTER MIXER ASSEMBLIES',' City Plan No. B -19. Bid estimate, including engineer- ing and contingency was $11,865.00.