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04/13/1982City Council Minutes Tuesday, April 13, 1982 Page 2 Passed and adopted on the following roll call vote: , AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None 1. SAN LUIS OBISPO CREEK FLOOD CONTROL MODIFICATIONS Council continued its discussion on the study and environmental impact report prepared regarding modifications to creek flood control for San Luis Obispo. Mayor Billig explained the procedure to be used this evening and that the EIR had been extended to receive written comments through tomorrow April 14. Wayne Peterson, City Engineer, introduced Jim Schaaf of Nolte and Associates who prepared the EIR and John Ashbaugh consultant for MDW. Jim Schaaf, with Nolte and Associates, explained that the public hearing workshop that had been held on March 30 had been extremely informative for both the public and for staff. He then briefly reviewed the project again explaining the limits of the project being from the city's sewage treatment plant upstream to the confluence of Stenner Creek, a distance of approximately 11,000 ft. The project would provide protection from a 50 -year flood including an allowance for free board. This level of protection was compatible with that currently provided at the under -city culvert upstream of the project limit. The preferred channel shape would leave the lowest three ft. of the existing channel in place, with widening taking place on only one side. Velocity protection, where required, would consist of buried gabions (rock - filled wire baskets). Planting to aid revegetation of the excavated portions would be part of the project. The following three cross- sections were included in the recommended plan: 1. Vertical concrete wall with an earthen bottom - approximately 1300 feet to be used to reduce right -of -way upstream of Prado Road and upstream of Marsh Street; 2. Concrete -lined section (sides and bottom) - approximately 1200 feet used downstream of Madonna Road due to very constricted right -of -way in that section. 3. Earthen section with 2:1 side slopes - approximately 8500 feet with approximately half this length requiring buried gabions. The cost was estimated to be $15 million with approximately $ 9 million for construction and $6 million for right -of -way. Mayor Billig declared the public hearing open. Joan Leon, representing the League of Women's Voters, stated that the League had reviewed the draft EIR and had a number of questions and concerns: 1) mitigation of impacts - throughout the EIR the creek sensitivity to disturbance was emphasized on pages 6, 19, 70, 80a and 80b with discussion on pages 5 and 6 of mitigation measures for signif- icant impacts was misleading. The heading on page 5 would lead the reader to believe that all impacts could be effectively mitigated; however, they felt that the section on vegetation and wildlife raised serious questions concerning that mitigation. On page 5 the discussion states "The habitat functions of this vegetation may not be effective in restoring the proper balance of nutritional, cover and other require- ments of the various fish and animal species which now inhabit the creek. Page 6 states that "Even though mitigation measures are not well understood in terms of their effectiveness in restoring or replacing habitat, the following measures are recommended." How could measures be 1 i7 ri City Council Minutes Tuesday, April 13, 1982 Page 3 recommended for mitigation when their effectiveness was not understood. Further, on page 22 the modification in Tract 592, used an example of widening and revegetation, stated "In the two storm seasons since completion of the improvements, the drainage and aesthetic goals had apparently been achieved, although no systematic monitoring had been done to substantiate this." She questioned the impacts on the eco system of the creek. How could those modifications be recommended when their effectiveness on mitigation of impacts had not been monitored; 2) landscaping plan - they would like the description of the proposed revegetation and landscaping more clear and detailed, since the revege- tation was critical to mitigation of impacts. Would there be a subsequent landscaping plan and what kinds and quantity of plants would be used; where would the grading be done and how much; was it antici- pated that such a landscaping plan would be developed for the project, if the plan was anticipated, at what point in the project and in what form would such information be available to the public? Roy Parsons,local businessman and property owner o creek felt the EIR should address three items. 1) in the early years and he felt the EIR should make gross recovery of vegetation was not adequate; 3) address "people concerns ". People's concerns were ECO- systems' concerns. He did say the project was urged Council support. E property near the The creek use was dry note of that; 2) the EIR did not as important as the a good one, and he Mr. Rayburn, Valle Vista Trailer Park, also emphasized the importance of the people's environmental concerns. Charles Long, owner of Village Mobile Home Park, was also interested in the "people's concerns" and has been interested in the flood problems since 1961, as he's now been through three of them. Damages have cost the mobile home park an excess of $30,000 for these flood problems. He and his 76 mobile homeowners were in favor of the creek widening in an effort to mitigate the flooding problems. John Sexton, student at Cal Poly, said that as a class project they had been monitoring the flooding in the creek, most recently in the Elk's Lane bridge area including Marsh Street, and said that even with the heavy rains from the other night, the creek had only reached one -third of it's capacity and felt this was an important point. Eric Barham, Los Osos, and a resident for approximately one year, felt that the EIR was an excellent report. He was representing the Fly Fishing Club and felt there were two additional factors that did need to be addressed; 1) effects on down- stream if it was channelized; and 2) impact of the outflow of water at the sewage treatment plant. He had previously submitted a copy of his letter for Council's information. Reverend Irwin Lewis, First Baptist Church and owner of property in the City near the creek, stated that he had also been through three floods and had lost most everything, including a $4,000 piano. He was very much in favor of flood control program and would urge Council's approv- al. He was especially concerned that something be done near his church location near Brook Street. Peter DeGroot, Model Linen, stated he was primarily concerned with: 1) past changes in previous years in efforts to mitigate the flooding of the creek along the Mission area; and 2) the end of South Street which had been banked with concrete when the highway was rerouted. He ex- plained that this area had never flooded.until about ten years ago when the creek was reworked. He felt the solutions of yesterday created new ones. Although he had also lost some property due to erosion and miti- gation efforts but he still thought the project was worthwhile and could support it. Marshall Ellis, owner of property on lower Higuera, explained he'd also been through three floods. He had been active in forming the Zone 9 Flood Control Program and was concerned with problems concerning the City Council Minutes Tuesday, April 13, 1982 Page 4 Steelhead population. He did not feel this would ever be resolved until the dam in Avila was removed. He was very supportive of the project and urged Council's approval. Bob Graham, owner of the Sunset Drive -In, objected to: 1) the removal of the Elk's Lane Bridge. He relied on thousands of cars that needed to get to his business both for the theatre as well as the Swap Meet. His business would be hurt considerably; 2) aesthetics. He had always maintained a green belt around the Drive -In but much of this would be destroyed if the plan was implemented. He was supportive of flood control but to take all of this property from him would be extremely destructive; 3) In looking at the three alternatives proposed, he questioned why the Council was looking at the most expensive, why not the cheapest. Mayor Billig explained it was prior Councils who had elected to go with the more expensive one but no final decision had been made. Charles leny, representing property owners Luis Creek, suggested the following: 1) That t the bank on the opposite side of the Cypress tr the bridge, be widened and not the other side. be placed on using vertical walls. 3. That th should be retained wherever possible, including Bridge. near Elk's Lane and San e plan be revised that es, just upstream from 2. That more emphasis u streets in the City replacing the Elk's Lane Paul Chappel, Department of Fish & Game, then read into the records the following letter: "Department of Fish and Game personnel have reviewed the Draft EIR regarding the proposed San Luis Obispo Creek Flood Control Modifications and find that the report is inadequate in its treatment of the impacts upon fish and wildlife resources. "We are particularly concerned about the proposed removal of riparian vegetation, the use of concrete -lined channels, vertical walls, and location of parkways in the spawning area. We are aware that some method of flood control is necessary for San Luis Obispo Creek, however, we believe there are other alternatives which may serve the same purposes with less impact upon the fish an" wildlife resources of the creek. "The revegetation plan will not provide for the recovery of those species lost when the riparian habitat is removed. We view this 'short -term' loss as a long -term significant adverse impact which could be avoided. Riparian vegetation provides for the greatest diversity of wildlife species and it is an integral part of the aquatic ecosystem. Removal of riparian vegetation will promote a decline in the species diversity and density in San Luis Obispo Creek. The proposed revegetation will not mitigate for this loss, nor do we consider it a short -term impact. The reason for this can easily be seen by evaluating the already modified section of San Luis Obispo Creed at Tract 592. This 5,000 foot section, modified for flood control, does not support the density or diversity of fish and wildlife that once occurred. The riparian vegetation has many more years to grow before it can be expected to become moderately productive. To further modify an additional 11,000 feet, in a similar manner, would cause a major reduction in habitat availability. We consider this type of loss as a significant long -term loss and recommend any activity which would further accelerate habitat reduction not be approved. "The Draft EIR does not provide sufficient information to evaluate the flow regimes that would be produced by concrete 1 1 1 City Council Minutes Tuesday, April 13, 1982 Page 5 liners, vertical constricted walls, etc. Concrete channels are known to produce velocity barriers to migrating fishes preventing them from reaching spawning tributaries. "Mitigation has been proposed which may alleviate some of the problems associated with higher velocities in the concrete sections, yet there is no mitigation for the complete loss of aquatic habitat that will occur. The ' proposed design of bottom and sides composed of fist -sized rocks, small depressions and moguls in the concrete will not produce suitable substrate for benthic flora and fauna. "The report has described the impacts of higher water temperatures upon the aquatic ecosystem, yet there is no proposed mitigation. We view this overall change in the affected area as a substantial impact which should be fully mitigated. The report must adequately address how the steelhead resource can be protected. " It should, be noted that Section 21081 of the California Environmental Quality Act states 'No public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects...'. "The Department has direct jurisdiction pursuant to Fish and Game Code Section 1601 -03 in regard to any proposed activities that would substantially divert or obstruct the natural flow or substantially change the bed, channel or bank of any stream. Operators will be required to submit notification of proposed channel modifications pursuant to Fish and Game Code Section 1603. Work cannot be initiated until streambed alteration agreements are executed. 1 "In summary, the proposed project is not acceptable to this Department as it will result in a substantial loss of fish and wildlife resources of San Luis Obispo Creek including the very important steelhead resource. "The City of San Luis Obispo has in the past recognized the unique ecological relationship of the.creek and we recommend the City consider alternatives such as the non - structural which will preserve this highly desirable ecosystem. "We are available to provide technical assistance on the requirements of fish and wildlife. We would be pleased to discuss alternatives which would provide for the desired flood control objectives while preserving fish and wildlife resources. To arrange for such a meeting, please contact Mr. Paul Chappell, Fishery Biologist, telephone (805) 772 -1261; or Mr. Theodore W. Wooster, Environmental Services Supervisor, Region 3; Department of Fish and Game, P. 0. Box 47, Yountville, CA 94599, telephone (707) 944 -4489. Eric Barham complimented the consultants on the report. He felt it was a good one because they addressed the problems .and possible mitigation measures and did recognize that in some areas we did not know which mitigation measures would be successful. Mayor Billig declared the public hearing closed. Councilman Griffin stated that in reviewing the EIR procedures and guidelines.-he was unsure whether the EIR should also address the legal constraints that bear on the project. John Ashbaugh responded that the EIR did not require listing those; however, they certainly could include them. City Council Minutes Tuesday, April 13, 1982 Page 6 Councilman Griffin stated that he was simply concerned that the EIR show statutory or regulatory constraints that might impact the guidelines. He felt that the City was working on two policy issues, 1) flooding, and 2) the creek represented a significant sensitive area subject to State constraints that should be addressed. Upon question by Mayor Billig, Mr. Ashbaugh stated that Fish & Game had been contacted over a year ago and solicited for their comments for the EIR. The EIR also went out in January as a public document, and the letter received from Fish & Game was dated March 11. He could not identify other governmental agencies that had received the report but could get that information to the Council. Councilman Griffin continued that he felt the scope and specificity was adequate. He would like to see all the responses made both during the public hearing tonight and at the March 30 meeting be addressed. He considered the creek a major resource, one of four high priorities with the City in addition to the Laguna Lake area, Hillside Planning and the Park & Recreation Element. He would like to see a policy established to accomplish some way to balance the notion.of protection of flooding from sensitive areas. Councilwoman Dovey did not feel the EIR was adequate until all responses had been addressed. The creek in the horseshoe area near Brook Street was not a natural curve, and she would like some additional background addressed as part of the EIR. She would like to see how the stream flowed in its original natural state. Mayor Billig agreed that all comments from both the March 30 meeting, written responses and public testimony received tonight, be included as part of the EIR. Councilman Dunin felt that the EIR report was adequate although he had reservations in some areas. His major concern was to resolve the problem with Fish & Game, and he would like to know to what degree the federal protection act did or did not supercede the City's. He also agreed that all agencies and jurisdictions even remotely involved should receive copies of the EIR and be solicited for their input. Councilman Settle thought the EIR was marginally adequate but he would like additional information in the following areas: 1) all involved agencies be notified; 2) the issues that Fish & Game had raised should be addressed and adequate mitigation measures made; 3) the "people factor" was very important; 4) he was also concerned with the revege- tation of the creek bank. His major concerns were in the areas of Elk's Lane, Brook and the Mausoleum; 5) financing would be critical, and he would like to see the EIR address some cost - analysis. He would like to see other options explored more thoroughly towards flood proofing and maintenance rather than going. through with heavy . equipment and rechannelization. Mayor Billig stated she appreciated all the public testimony and written comments received to date; she did feel the EIR was adequate with the inclusion of responses to questions raised. She acknowledged that the city does not know all the effects that the mitigation measures would have. She would like to see an objective analysis made on the flood control measures used in tract 592 (The Meadows). She assured the public that the City would follow CEQA regulations and agreed it was important to work with Fish & Game resolving those issues prior to the adoption of the EIR. She would also like to see the Corps of Engineers, Cal Trans and other public agencies notified and receive copies of the EIR. She agreed with Councilman Griffin for an overall policy for balancing of flooding vs. the sensitive areas. Previous Councils had never addressed this before but she felt that the aesthetics were important and should be addressed. She would also like to see a state- ment with regard to financing be expanded and explore in detail alterna- tive approaches as much as possible. City Council Minutes Tuesday, April 13, 1982 Page 7 Mayor Billig suggested appointing a Council Subcommittee including the City Engineer and consultants for more detail on the specificity of the project regarding tract 592 as well as aesthetic impacts. Dr.Brown, also a consultant on the report, stated that he'd been working with Fish & Game over a year and agreed that if the vegetation was removed it would be very difficult to mitigate as over half of the fish would be required to traverse the concrete lining area which was a considerably high degree of the fish life. Mayor Billig declared the public hearing closed and explained that public comments and written responses would still be received through April 14. When the consultants had completed their responses to ques- tions the report would come back to the City Council for an additional public hearing to adopt the EIR. C O M M U N I C A T I O N S A. Council agreed to set a Hillside Planning field trip for Monday, May 3rd and Wednesday, May 5th, from 3:30 to 5:30 p.m. B. Mayor Billig to write a letter in response to the communication received from the City of Richmond supporting stricter controls of Class 1 Drivers of larger trucks. C. Council members to provide Mayor with nominations for members to serve on the Senior Citizens Area Agency on Aging. D. Council members to provide Mayor with in -put regarding their concerns of horse racing off -track betting. E. Mayor Billig appointed a sub - committee (Dunin /Griffin) to establish criteria for city Certificates of Appreciation awards. 9:30 p.m. City Council adjourned to closed session to discuss personnel matters. 9:32 p.m. City Council reconvened, all council members present. A -2 AGREEMENT WITH CITY ADMINISTRATIVE OFFICER On motion on Councilwoman Dovey, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4799 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with Paul Lanspery, City Administrative Officer, subject to two modifications: 1) Reference the items referred to in the agreement that they will go through escrow; 2) the first three years of the agreement, the city will participate in a equity sharing of the pro- perty. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None ' 9:40 p.m. City Council adjourned to Closed Session to discuss Personnel Matters. 10:55 p.m. City Council reconvened, all Councilmembers pre- sent. City Council Minutes Tuesday, April 13, 1982 Page 8 There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 11:00 p.m. to Monday, April 19, 1982, at 12:10 p.m. /J Pamela Voges, C' y C erk APPROVED BY COUNCIL: 5/18/82 M N U T E S ADJOURNED MEETING OF.THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 19, 1982 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION RnT.T. r.AT.T. Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Pamela Voges, City Clerk; Rudy Muravez, Finance Director; Mike Dolder, Fire Chief Paul Lanspery, City Administrative Officer, introduced Mike Dolder, the new Fire Chief, to the City Council, and welcomed him as. the newest department head. ITEM A: Councilman Settle explained that an incident.had occurred on Thursday, wherein a camera liquidating business got a business license, came into town having a large two -day sale. He questioned whether there shouldn't be tighter controls at the Business Licensing Department or at the Use Permit level so that this type of thing would not occur in the future as he felt that it was in direct competition with the local businessmen. He would like to see a requirement that this type of business would have to apply for a license at least 5 to 7 days prior to an event so that staff had an opportunity to review the type of business that had applied and use permits, if required. After brief discussion, this item was referred -to staff (Paul Lanspery, George Thacher, Rudy Muravez) for evaluation and report. back with alternatives and available options. (5 -0) ITEM 1: REVENUE STATUS REPORT Rudy Muravez, Finance Director, reported on projected revenues for budget year 1982 -83. He explained there were two basic assumptions which had colored the expectations for next year. One was that the 1 i� 1