HomeMy WebLinkAbout08/21/1984M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 21, 1984 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CALL TO ORDER: Mayor Melanie C. Billig
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen K.
Settle and Mayor Melanie C. Billig
Absent: None
City Staff
Present: Geoff Grote, Assistant Administrative Officer; Roger
Picquet, City Attorney; Toby Ross, Community Development
Director; Roberta Goddard, Finance Director; Dave Romero,
Public Works Director; Jim Stockton, Recreation Director;
Mike - Dolder, Fire Chief; Don Englert, Police Captain; Terry
Sanville, Principal Planner; Sharon Turner, Recording
Secretary
C O N S E N T A G E N D A
On motion of Councilman Settle, seconded by Councilman Dunin, the consent
agenda unanimously approved as recommended by the City Administrative
Officer, with the exception of C -7 as noted.
C -1 COUNCIL MINUTES
Minutes of Monday, August 6, 1984 - 12:10 p.m. approved as amended (5 -0).
C -2 RESOLUTION OF APPRECIATION - JOHN WILEY DAY
Resolution of Appreciation No. 5443 (1984 Series), a Resolution of Appre-
ciation of the Council of the City of San Luis Obispo was adopted for John
Wiley Day, Heavy Equipment Operator in the Public Works Department, for 21
plus years of public service to the City (5 -0).
C -3 CHAMBER OF COMMERCE CONTRACTS (File #1055)
A) Resolution No. 5444 (1984 Series), a resolution of the Council of the
City of San Luis Obispo was adopted approving a one -year agreement between
the City and the Chamber of Commerce to continue to operate the visitors
and tourist information center through June 30, 1985 (5 -0).
B) Resolution No. 5445 (1984 Series), a-resolution of the Council of the
City of San Luis Obispo was adopted approving a- one -year- agreement between
1 the City and the Chamber of Commerce to perform promotional services on
behalf of the City through June 30, 1985 (5 -0).
C -4 MARKETING STUDY (File 41051)
Resolution No. 5446 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving an agreement between the City and
the Haskins Agency to do an advertising marketing study on behalf of the
City (5 -0).
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 2
C -5 SIDEWALK IMPROVEMENTS (File #533)
Resolution No. 5447 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted preliminarily determining that curb, gutter,
sidewalk and driveway ramp improvements are required on portions of various
streets in the City and setting public hearing for September 18, 1984, at
7:00 p.m. (5 -0).
C -6 AWARD OF CONTRACT - WATERLINE IMPROVEMENT PROJECTS (File #84 -07)
A) Resolution No. 5448 (1984 Series), a resolution of the Council of the
1
City of San Luis Obispo was adopted awarding contract to Anderson Pipeline
in the amounts of $20,690.16 and $26,960.10 for waterline improvement
projects in Buena Vista from Santa Maria to 400' East, City Plan No. H -46Q
and in Buchon from Archer to Carmel, City Plan No. H -51Q (5 -0).
B) Resolution No. 5449 (1984 Series), a resolution of the Council of the
City of San Luis Obispo was adopted approving an amendment to a quarterly
waterline agreement with Robert Bruington (5 -0).
C -7 AWARD OF CONTRACT - STREET IMPROVEMENT PROJECT (File #84 -10)
Low bid rejected; Resolution No. 5450 (1984 Series), a resolution of the
Council of the City of San Luis Obispo was adopted awarding contract to R.
Burke Corp., in the amount of $32,412 for street improvement project in
Buchon Street from Santa Rosa to Toro Streets, City Plan No. H -58A (4 -1 -0,
Councilman Dunin voting no).
Resolution No. 5451 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted transferring an additional $6,000 from the
revenue sharing unallocated fund for street improvement project in Buchon
Street as amended to change the typographical error of $8,000 to $6,000
(4 -1 -0, Councilman Dunin voting no).
C -8 AWARD OF CONTRACT - STREET WIDENING PROJECT (File #84 -11)
Resolution No. 5452 (1984 Series), a resolution of the Council of the City
'
of San Luis Obispo was adopted awarding contract to Madonna Construction
Company in the amount of $23,790 for street widening project on the east
side of Higuera Street from South Street to 130' Southerly, City Plan No.
H -60A (5 -0).
Resolution No. 5453 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted transferring an additional $5,000 from the
unallocated street fund for street widening project on Higuera Street
(5 -0).
C -9 AWARD OF CONTRACT - DRAINAGE IMPROVEMENT PROJECT (File #84 -12)
Resolution No. 5454 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted awarding contract to R. Burke, Corp., in the
amount of $26,165 for drainage improvement project in Flora Street near
Viewmont, City Plan No. H -48H (5 -0).
C -10 COMMUNITY MATCHING FUNDS - TOT POOL (File #811)
A) Resolution No. 5455 (1984 Series), a resolution of the Council of the
City of San Luis Obispo was adopted appropriating $17,000 from the park
in -lieu fund to add to funds donated by the San Luis Obispo Rotary Club
($12,000) for construction of a tot pool at Sinsheimer Municipal Swimming
Pool (5 -0).
B) Administrative Officer authorized to advertise for bids to construct
tot pool in accordance with legal opinion (5 -0).
C -11 UNION OIL FRANCHISE (File #145)
Resolution of Intention No. 5456 (1984 Series), a resolution of intention
of the Council of the City of San Luis Obispo was adopted to grant a
franchise to Union Oil Company and setting public hearing for September 18,
1984, at 7:05 p.m. (5 -0).
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 3
P U B L I C H E A R I N G S
1. STENNER CANYON HYDROELECTRIC PLANT FINANCING (File 41518)
Council held a public hearing to consider a resolution which would approve
the use of Industrial Development Bond financing provided by Bankers
Leasing Corporation for construction of the Stenner Canyon Hydroelectric
Project.
Roberta Goddard, Finance Director, briefly reviewed the Council agenda
report stating that the reason for this hearing was to secure tax exempt
status for Industrial Development Bonds. Staff was recommending Council
approval of this bond financing.
Mayor Billig declared the public hearing open. No one spoke for or against
the proposed use of bond financing. Mayor Billig declared the public
hearing closed.
On motion of Councilman Dunin, seconded by Councilman Settle, Resolution
No. 5457 (1984 Series), a resolution of the Council of the City of San Luis
Obispo was adopted approving the use of Industrial Development Bond financing
provided by Bankers Leasing Corporation for construction of the Stenner
Canyon Hydroelectric Project. Resolution adopted unanimously (5 -0).
2. MOBILEHOME RENT STABILIZATION (File 41428)
Council held a public hearing to consider final passage of Ordinance No.
1020, an ordinance amending the Mobilehome Rent Stabilization Regulations
to establish adjusted base space rent upon expiration of leases (continued
from 7 -17 -84 and 8- 7 -84).
Roger Picquet, City Attorney, briefly reviewed the Council agenda report
stating it was staff's recommendation that Council give final passage to
the ordinance as introduced.
' Mayor Billig declared the public hearing open. No one spoke for or against
proposed final passage of the ordinance.. Mayor Billig declared the public
hearing -closed.
On motion of Councilwoman Dovey, seconded by Councilman Griffin, Ordinance
No. 1020 (1984 Series), be given final passage. Motion carried unanimously
(5 -0).
3. SPHERE OF INFLUENCE (File 41469)
Council held a public hearing to consider the City's Sphere of Influence
and consideration of final recommendations-to LAFCo for its hearing on
8 -30 -84 (continued from 7 -2 -84, 8 -7 -84 and 8- 14 -84).
Terry Sanville, Principal Planner, reviewed the Council agenda report and
stated the objective of review thus far had been to put together specific
recommendations to LAFCo for adopting a Sphere of Influence Study for the
City. The purpose of tonight's discussion is to finalize formal recommen-
dations of Council which have been tentatively discussed-at previous
meetings and provide for public comment: He briefly summarized each of the
areas for making a.sphere of influence:line as previously recommended by
Council. These are as follows:
11 The Council selected:Option 411 which included policies dealing with the
' provision of urban services and a policy that defined how land outside of
the sphere of influence but inside city limits should be treated. In this
case, it would be treated as part of the city's comprehensive hillside and
open -space planning program and not be identified as an area for detachment
(Exhibit "A" in the packet:identifies the policies that Council would
recommend to LAFCo).
2) The maps in the packet, Exhibit "B ", show Council's recommendations for
establishing the location of the sphere of influence line, recognized by
the dotted line. Exhibit "D" shows the difference between sphere line
locations as presented by LAFCo.
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 4
3) Exhibit "C" in the packet is a list of 11 items which critique the
recommended changes to the technical information included within the draft
sphere study.
Mr. Sanville stated that the recommended action tonight was for Council to
adopt the resolution forwarding recommendations'(Exhibits "A", "B" & "C ")
to LAFCo for consideration at their future public hearing on August 30. He
stated that Exhibit "D" should also be sent for information to show the
differences in recommendations. He then reviewed the four areas where
staff was requested to do minor additional research for identifying the
precise location of the urban reserve line: 1) #7 - Airport area; 2) #12 -
Laguna Lake area; 3) 4415 - Los Osos Valley Road area; and 4) 4416 - Ferrini
area (Exhibit "D" in the packet).
Mayor Billig declared the public hearing open.
Terry Simons, 543 Dana Street and ARC Commissioner, hoped that in referring
the city's position to LAFCo, that the Council would incorporate its prior
stated positions, and those were, in his opinion, that LAFCo's defined line
would not be used to bias the current Planning Commission's deliberations
on the Hillside Planning Program. He urged Council.to go on record to .
continue to support going back to LAFCo on behalf of the landowners'
requests if revised by the city. He felt there was a direct contradiction
of terms for the establishment of a sphere of influence line that is inside
a political jurisdiction and hoped this would be further researched. He
would hope that the city doesn't get into a situation of supporting the
creation of an urban reserve or sphere of influence inside the city's
political jurisdiction line. This could open the door to deannexation of
the very areas that we are trying to control currently.
Harold Miossi, representing the owners of the Miossi property, a 1,600 -acre
ranch north of the City, of which 7 acres are within the City limits,
stated that he had submitted a letter to the Planning Commission on May 15
with reference to Hillside and received no answer to that letter. He
submitted another letter with a copy to City Planning on July 9 incorpor-
ating his wishes. He stated that he wanted to include three acres of his
property within the sphere of influence line, which comes down the city
limits line, goes up to Miossi Road to the first cut, and comes down to
Miossi Creek to the confluence with San Luis Creek. He stated that this
property includes the same topography, same ability for services and meets
all the criteria and standards that County and City studies show. He was
requesting that Council retract the urban reserve line to those limits that
might include those three acres at most. He felt the Miossi family had
been generous in giving land for Bishop's Peak and for Cuesta Park and felt
this was not an unreasonable request.
Terry Sanville, Principal Planner, responded that Mr. Miossi's.communica-
tion (addressed to LAFCo) is a part of Council's Hillside Planning packet.
He felt the Council's initial review of the Miossi area and the basis for
their recommendation to LAFCo was to establish a recommended sphere of
influence line which did not include additional territory, therefore, not
biasing any decision that may be made as part of the Hillside Planning
Program. However, staff and Planning Commission recommendations did not
include this territory. The property did have similar characteristics to
land which is inside the city limits. Staff's analysis indicates that the
rural area begins even further south on Loomis Drive at the Santa Ynez
Drive intersection. Staff would be discussing with the Council in detail
the urban reserve line as part of Hillside Planning. He would urge Council
not to change the recommended action at this time.
Councilman Settle clarified that the line Council drew at their 8 -14 study
session was basically a tentative line, without prejudice, which had to be
done without the benefit of public hearing on the hillside properties. The
Council did this only to comply with getting the material to LAFCo which
has to be in by Thursday, August 23.
Mike Maino questioned what line the city was going to use, i.e. urban
reserve, urban service, sphere of influence, lot lines, etc. He stated
that as shown in the Sphere of Influence Study (Exhibit "P ") we are still
back to the recommended sphere of services that falls within the City limit
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 5
-line in several areas. In doing this, property owners are charged with
city taxes for this line but they are not within the sphere of services.
He questioned why when we have slope, grading and hillside criteria, that
we have to deny someone the potential use of their land by an arbitrary
drawing of the services line inside the city limit line. He felt there
should be some continuity.
Roger Picquet, City Attorney, reviewed the history of "Measure G" (1978)
stating that it resulted in an enactment of Charter section §727, which
required voter approval of annexations. The Ferrini case basically stated
' that annexations were the province of LAFCo as a matter of State law.
Terry Sanville, briefly responded to Mr. Maino's concerns. The key concept
to focus on was that establishing lines in hillside areas was to be a
matter of physical planning as well as a matter of policy. There was no
single engineering criteria that could be used anywhere in the city to
totally enable urban development. The Hillside Planning Program would
establish what the city's objectives are in these hillside areas. There
are areas in the city where urban services should not be provided and which
do not have urban potential. The City limits line does not reflect any
relationship to the topography, characteristics of the land, underlying
geology, or physical factors which go into developing neighborhoods that
can reasonably accommodate expansion.
Keith Gurnee questioned Mr. Sanville as to what the present public policy
is in the city's General Plan for the urban reserve line in the - Miossi
area. Mr. Sanville responded that the City's General Plan map shows the
urban reserve line.
Keith Gurnee stated that the real issue is between LAFCo's sphere of
influence line and the city's urban reserve line. He would urge caution in
adopting a hillside development program when in fact that program is an
amendment to the General Plan and has yet to have the advantage of public
hearing. He felt that recommendation for a compromise between the existing
' sphere of influence and urban reserve-line that the property owners are
requesting would be a safe compromise.
Mayor Billig declared the public hearing closed.
Upon question, Terry Sanville went through each of the 17 segmented areas
on the overhead showing where the recommendations for the sphere of influence
line depart from the existing urban reserve line (Exhibit "D" in the
packet). He stated that the redefinition of the urban reserve or sphere of
influence line (the city defines them by policy as meaning the same thing
as far as the city is concerned) are basically embodied in Phases I and II
of the Hillside Planning Program.
Councilman Dunin proposed an amendment to Exhibit "B" to include Mr.
Miossi's property in Area #1 to be within the sphere of influence line. He
would rather see this land developed within the city instead of going to
the County.
Amendment died for lack of a second.
Councilman Griffin stated that the action Council is taking to make recommen-
dations to,LAFCo's Sphere of Influence Study could work to subject the
Miossi property to some additional processes in order to bring it within
the city's sphere of influence. He felt to do what Mr. Dunin was suggesting
would be an exception to a• process that the Council had already.decided to
follow. He felt it was the most logical process and felt the city had to
demonstrate consistency in moving ahead with the Hillside Planning Program,
Phase II. However, he would keep an open mind in considering.Mr. Miossi's
proposal.
Councilman Settle agreed with Councilman Griffin and supported forwarding
this particular package to LAFCo. without prejudice, recognizing that the
property owners have not had an opportunity of public testimony. The'
refinement would come after the Hillside Planning Program.
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m. .
Page 6
Councilwoman Dovey requested that staff include material responding to.Mr.
Miossi's concerns with the Hillside Study. She.felt this issue.belonged
with the hillside Planning Program and could be discussed at that time.
After brief discussion and on motion of Councilwoman Dovey, seconded by
Councilman Griffin, Resolution No. 5458 (1984 Series), a resolution of the
Council of the City of San Luis Obispo was adopted forwarding recommendations
to the County Local Agency Formation Commission (LAFCo) for the adoption of
a Sphere of Influence Study with amendments as proposed by Councilman
Griffin as follows:-
The second WHEREAS to read "WHEREAS, the San Luis Obispo City Council
recognizes the mission of the Commission and fully appreciates the Ootg
$Ojo effort by LAFCo staff JiO AiO X0"10410 i U ft¢t Wij 04 stiff
regarding the study for the city area and providing for City WvW 1.ti00
ids i "0* i¢VWif%0 i0 . consultation; and:.:" .
The last page of Exhibit "C ", item 11, change J(61 to Ron Dunin and change
$0J0vW0J to December 1.
Resolution adopted on 4- 0- 1..vote, Councilman Dunin voting no.
On motion of Mayor Billig, seconded by Councilman Settle, to direct staff
to put together a packet on the Miossi property and arrange a field trip to
this site during the.hillside study (5 -0).
8:40 p.m. Mayor Billig declared a recess. 8:50 p.m. City Council reconvened,
all Councilmembers present.
4. GENERAL PLAN AMENDMENT 1169 /PD 1168 (SOUTHWOOD) (File 4463)
Council held a public hearing to consider Planning Commission recommenda-
tions to:
A) amend the Land Use Element map to change the designation at 1045
Southwood Drive from medium - density residential to medium - high- density ,
residential; and
B) amend the zoning map to change the designation from R -2 -S to R -3 -PD and
consider a preliminary development plan to create a 168 -unit apartment
complex on approximately 7;g acres located at 1045 Southwood Drive;
Smith, Andrews and Piperato, applicants.
Toby Ross, Community Development Director, reviewed the Council agenda
report and stated that this project had been before Council six months ago
but the project at that time was a request to rezone the property to- R -4 -S.
The Council on a split vote denied that project for reasons relating to
general policy as well as.concern.of the R -4 designation which would allow
density greater than the project being proposed. He reviewed the modified
project now before Council and stated it was staff's recommendation to
amend the General Plan Land Use map which concurs with the Negative Declar-
ation and introduce the ordinance rezoning site from R -2 -S to R -3 -PD and
approving the preliminary development.plan.
Councilwoman Dovey asked staff to clarify how the project meets the PD
criteria of C, D and E, as stated.on page C -7 in the Council Agenda:report.
Mr. Ross responded that 1) Item C provides for more affordable housing than
would be possible with conventional development, i.e. shorter or smaller
buildings and fewer units; 2) Item D relates to a particular design to
achieve a variety of aims, i.e. privacy, usable open space, adequate
parking, and compatibility with the neighborhood; 3) Item E incorporates
features which would result in consumption of less materials, energy and
water, i.e. a recent study regarding two- and three -story buildings compared
with one -story buildings has shown that there is substantial energy and
water conservation opportunities gained as well as solar and heat gains
with this project.
Mayor Billig declared the public hearing open.
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 7
Rob Strong,.Planning Mill and representing the applicants, stated that the
basis for the current general plan and the housing element was that there
is a substantial surplus of industrial and commercially zoned properties
and a shortage of residential properties, particularly in the multi- family
category. This proposal takes advantage of this limited resource residen-
tial property. He felt this proposal takes better advantage of the public
facilities that adjoin it as well as meeting criteria for being well served
by public transportation, public services and utilities, fire stations,
schools, and adequate streets for increased traffic flow. He then reviewed
some of the specific project details and stated that TRW would encourage"
' the City to solve a possible traffic problem and that TRW also stated they
would be willing to contribute towards a signal but only if the city would
install the signal. The developer would be willing to contribute to a
traffic signal as well if one is required. He stated he was available for
any questions.
Mayor Billig declared the public hearing closed.
After brief discussion and on motion of Councilman Settle, seconded by
Councilman Dunin, Resolution No. 5459 (1984 Series), a resolution of the
Council of the City of San'Luis Obispo was adopted amending the Land Use
Element map to change the designation at 1045 Southwood Drive from Medium -
density residential to medium- high- density residential. Resolution adopted
unanimously (5 -0).
On motion of Mayor'Billig, seconded by Councilman Settle, Ordinance No.
1021 (1984 Series), an ordinance of the Council of the City of San Luis
Obispo was introduced to print amending the zoning map to change the
designation from R -2 -S to R -3 -PD and approving preliminary development plan
to create a 168 -unit apartment complex on approximately 711 acres at 1045
Southwood Drive as amended adding two conditions to read, "Applicant shall
pay to the city prior to occupancy, thirty percent (306) of the total cost
toward the future installation of a traffic signal light at the intersection
of Laurel Lane and Southwood Drive or Aueusta Street. Costs shall be
determined by the City Engineer." and. "Walls.and fences shall be landscaped
on both sides." Ordinance introduced to print unanimously (5 -0).
After brief discussion and on motion of Mayor.Billig, seconded by Council-
woman Dovey; staff directed to inform Council and develop a procedure on
zoning issues for all planned development rezoning.projects that have not
proceeded within the six -month approval period.
On motion of Councilman Dunin, seconded by Councilman Settle, that the
preceding motion be tabled. Motion died on a 2 -3 vote, Councilmembers
Dovey, Griffin and Mayor Billig voting no.
Main motion of Mayor Billig; seconded by Councilwoman Dovey, passed on a
3 -2 vote, Councilmembers Dunin and Settle voting no.
5. GENERAL PLAN AMENDMENT GP /R 1147 (SOUTH HIGUERA) (File #463)
Council held a public hearing to consider a Planning Commission recommenda-
tion to amend the Land Use Element Map and zoning map to change the designa-
tions of approximately two acres from Neighborhood - Commercial (C -N) to
Office with Special Considerations (0 -S) located at 3240 South Higuera
Street-;-.Don Walters; applicant.-
Toby Ross,.Community Development Director, briefly reviewed the Council
agenda report stating it was staff's recommendation to deny request to
rezone property from C -N to 0 -S at 3240 South Higuera Street. This property
is adjacent to an office zone and all other land surrounding is service
commercial. Staff felt that the building proposed was not well-:suited for
the kinds of'uses now allowed within the C -N district.
Mayor Billig declared the public hearing open.
Keith Gurnee, representing the.applicant, stated that.the Planning Commission
and applicant had agreed to a reduction of the 0 -S zone and keeping the C -N
zone in the parking expansion area fronting South Higuera Street. He
stated the original Padre -Plaza Center involved a master plan which showed
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 8
the proposed building and at that time--was consistent -with the C -N zone
which allowed office uses. He then-briefly reviewed the.project details
and stated that the significant unmet .demand for commercial expansion for
neighborhood uses in this area can be accommodated within the C -N zoning
area remaining. He would urge Council to consider this compromised proposal
and approve the requested rezoning.
Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey, seconded by Mayor Billig, to adopt resolution
denying request to amend the Land Use Element map to change designation '
from C -N -to 0 -S at-3240 South Higuera Street. Motion died on a 2 -3 vote,
Councilmembets Dunin, Griffin and Settle voting no.
Councilwoman Dovey stated she would base her denial on the findings as.
outlined in the resolution in that the Council will be considering a
proposal tonight that would create 100 new households across the street
from this proposed project, which would need neighborhood services. There
were policies in the general plan where offices should be and felt this
proposal did not follow those policies.. She felt_.it.should.be left as.0 -N
and that all efforts be made to.encourage people to bring in.various .. .
neighborhood services to this area.
Councilman Dunin felt that when there is demand for neighborhood - commercial
services, then the City could provide those services but there have not
been demands in this area to augment this situation. He also felt a study
should be conducted regarding the high-speed on Higuera Street. He would
support the rezoning request. -
Councilman Settle felt that only a few government offices would be consoli-
dating in this location, it would be economically feasible over the long
run and also serve a useful purpose to.the community.
Mayor Billig was concerned with the number of mobilehomes and possible new
developments in this area and a great need for more neighborhood - commercial
uses.
On motion of Councilman Griffin, seconded by.Councilman Settle, Resolution
No. 5460 (1984 Series), a resolution of the Council of the City of San Luis
Obispo be adopted amending the Land Use Element map to change the designation
of approximately 2 acres at 3240 South Higuera Street from neighborhood-commer-
cial to office with special considerations. Resolution adopted on a 3 -2
vote, Councilwoman Dovey and Mayor Billig voting no.
After brief discussion and on motion of Councilman Griffin, seconded by
Councilman Settle, Ordinance No. 1022 (1984 Series), an ordinance of the
Council of the City of San Luis Obispo.be introduced to print amending the
official zone map to rezone approximately 2 acres.at 3240 South Higuera
Street from C -N to 0 -S. Ordinance introduced to print on a 3 -2 vote,
Councilwoman Dovey and Mayor Billig voting no.
6. TENTATIVE MAP APPROVAL FOR TRACT 1210 (MARGARITA AVENUE CONDOMINIUMS)
(file #410 -1210)
Council held a public hearing to consider a Planning Commission recommenda-
tion to adopt a resolution granting tentative map approval for Tract 1210,
creating a 100 -unit residential planned development condominium project on
approximately 9.7 acres at 251 Margarita Avenue; R -2 -S zone; R.D.I. Corpor-
ation, subdivider.
Toby Ross, Community Development Director, briefly reviewed the Council
agenda report stating it was staff's recommendation to approve a negative
declaration of environmental impact-which approves the tentative map based
on findings and subject to conditions as recommended by the Planning
Commission.
Councilwoman Dovey was concerned with the drainage channel within the
project.
Councilman Dunin was also concerned with drainage-and also questioned if
the two water wells on the property would be used.
1
1
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 9
The following letter from Mr. Sid Salinger, Jr., dated August 20, 1984, was
made a part of the record:
"Dear Mayor Billig and Members of the City Council: A prior
commitment precludes my attending the Council Meeting of
August 21, as I had intended. Therefore, I appreciate your
consideration of the following comments which I would have
preferred to have made in person. My remarks are directed
toward the public hearing item scheduled for 8:30 p.m., regard-
ing the Planning Commission recommendation to approve the.
tentative map for Tract 1-210... the 100 -unit residential condo-
minium complex at 251 Margarita Avenue, known as the "Margarita
Avenue Condos."
I own and reside in the home at.3220 Calle Malva, 1 -3 blocks
east of the proposed development., and have been there for four
years. During that time, the population of the area on and off
of Margarita Avenue, extending eastward from South Higuera
Street, has remained virtually unchanged. This is because there
has been no new construction in the'self- contained area.which
includes multi -unit residential housing at the western end; and
64 single residential units at the eastern end, in the "tract
400" formerly known as "E1 Camino Estates ". Margarita Avenue,
it should be noted,'provides the only mode of entrance'to and
exit from this area.
Notwithstanding this population stability, however, the greatly
increased traffic on South Higuera has made it-increasingly more
difficult over the past four years to enter and leave the
Margarita area by car. A number of factors seem to have.contri-
buted to this difficultly, including but not necessarily limited
to:
1) Opening of Villa Fontana development a few blocks north of
Margarita.
2) Development of. "Tenwise Commercial Park" just south of Prado
Road.
3) Construction of City Corporation Yard on Prado Road.
4) Increased retail and industrial -park development south of
Prado Road (with more, apparently, to come). -
5) Occupancy of County Social Services office building on South
Higuera immediately south of Margarita intersection. ,
6). Occupancy of State Employment'Department directly opposite
Margarita.
In particular, the.poorly- planned entrance and exit to the State
Employment building;.relative to its juxtapositioning with the
parkway - divided Margarita'Avenue, has led to a- consistent
problem involving left -hand turns into and out of Margarita
Avenue:
There are additional pressures upon this intersection as well.
For example, the motorcycle dealership on the northeast corner
uses.a goodly amount of the narrow west -bound street as a
daytime parking area for.inventory.:; Many youngsters who.live in
the area have trouble at the intersection when riding their
bicycles. In.addition to being a city bus stop, the inter-
section also-serves as.a loading and unloading point for junior
and senior public high school students,.adding a twice -daily
high volume.of young pedestrian traffic.
Now, I am realistic enough to accept that this "Tract 1210
project ", which has been in the planning stages - for.several
years, is nearing fruition, and is a virtual faite accompli.
Its construction will create noise, dirt and congestion, and it
will detract from the essentially rural character-of the area.
Nonetheless, aesthetic intrusions of this nature have been
historically justified as "progress ", and I assume such it shall
ever be.
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m. .
Page 10
- A much more.pragmatic.concern, however,..is the.impact that 100. .
residential units (conservatively, that suggests the addition of.
perhaps 150 cars) will have upon this already- strained "T- inter-
section.".
As a property owner, resident,.and parent, I am deeply concerned
with the extent to which this problem has already escalated, and
the prospects for its-further exacerbation: Approval of.construc-
tion of the "Margarita Avenue Condos ", - without making concurrent
provision for relief of the growing traffic,problem,.would
appear shortsighted, if not irresponsible.
I would, therefore, strongly urge consideration by the proper
City departments and responsible authorities of the installation
of an electric traffic signal at the intersection of Margarita
Avenue and South Higuera Street.
I realize that the economics of such a suggestion weigh heavily
upon its.implementation.. Having served on capital improvements
reviews while a member-of the former Citizens Advisory Council ",
I understand the limitations on available funds for this use.
But that doesn't make the problem any the less severe; or. the
responsibility for its recognition and solution any less important.
And, I believe precedent exists for what would appear to be the
logical answer.
It seems to me that it should be stipulated, as part of the..
subdivision approval process, that a substantial portion of the
financial burden of installing such a signal be borne by the
project's developers.. Private - enterprise must assume a responsi-
bility for public safety commensurate with its expectation of
profit from the investment of capital in projects such as this
one.
Thank you for your attention to and consideration of this
concern." signed Sidney B. Salenger, Jr., 3220 Calle Malva, San
Luis Obispo, CA 93401, 544 - 8818."
Mayor Billig declared the public hearing open.
Bruce Frazier, of MDW & Associates and representing the applicant, briefly
reviewed some of the project details and stated that a clear decision
needed to be identified with regard to the drainage channel. In general,
R.D.I. is in agreement with the conditions as approved by the Planning
Commission. The applicant was.willing to culvert the drainage channel or
leave it open but feels it.would benefit the project to culvert it. With
regard to Mr. Dunin's concern with the wells, he stated that they were
capable of producing usable water but in.a very limited supply. They would
investigate the possibility of using the wells, i.e. for drip.-irrigation
purposes.
Charles Crotzer of MDW & Associates, responded to a few.issues brought up
by Councilwoman Dovey stating that the channel would be regraded and the
existing riparian vegetation would be removed. The channel, if regraded
and restructured to handle a surface drainage, would be essentially an
open- drainage channel with some dissipation devises, i.e. boulders. He
felt that the open space that-has been designed with the underground
culvert will be a much greater benefit than trying.to save a small portion
of open channel. He would urge Council'.s approval of the tentative map
tonight.
Mayor Billig declared the public hearing closed.
Dave Romero, Public Works Director, commented on the drainage-issues and
stated that if it's going to be a natural channel than it should have a
concrete bottom The Public Works Department would prefer an underground
drainage culvert.
1
1
1
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 11
After brief discussion and on motion of Councilman Settle, seconded by
Mayor Billig, Resolution No. 5461 (1984 Series), a resolution of the
Council of the City of San Luis Obispo was adopted granting tentative map
approval for Tract 1210, creating a 100 -unit residential planned develop-
ment condominium project on approximately 9.7 acres located at 251 Margarita
Avenue as amended by Council as follows:
Delete the last finding 419, "AJ 000d vijfjt�X dHi1E i9i ijil fJ ¢6viO%4f�df
OM f9i iffy WOW MOO JWW;Wf U11H.
' Add additional sentence to Condition 4129 to read "Subdivider.shall retain a
qualified arborist to supervise trimming of trees within the cypress
grove".
Amend Condition 4131 to read "Subdivider shall submit specific engineering
and design plans of ifU any new riparian area including a detailed land-
scaping plan including a passive recreation area for approval by the
Architectural Review Commission before any final approval of the project is
granted by the Architectural Review Commission."
Amend Condition 4137 to read "Drainage �%JJi¢X running through site shall be
i Jififill Ooii d%�JiiX Off% JO tJJ4tio Of �+XiOfffdg underground."
Councilman Griffin requested that a letter be directed to Mr. Salinger in
response to his letter directing his attention to Condition 4131 with regard
to signalization. Council concurred (5 -0).
7. FINAL MAP FOR TRACT 929 (File 41410 -929)
Council held a public hearing to consider a resolution granting final map
approval for Tract 929 (Units 3 and 4), creating a 5 -lot subdivision (3
residential, 1,6ommercial;:and 1 drainage detention basin) located at 4000
Broad,Street; Santa Lucia Hills,_Inc.,.subdividers.
' Dave Romero, Public Works Director, briefly reviewed the Council agenda
report stating it was staff's recommendation that Council grant approval of
the final map.
Mayor Billig declared the public hearing open. No one spoke for or against
the final map approval. Mayor Billig declared the public hearing closed.
On motion of Mayor Billig, seconded by Councilman Settle, Resolution No.
5462 (1984 Series), a resolution of the Council -of the'.City of San Luis
Obispo be adopted approving the final map for Tract 929, Units 3 and 4,
creating a 5 -lot subdivision at 4000 Broad Street. Resolution adopted
unanimously (5 -0). . . 1.
8. CHURCH STREET ABANDONMENT (File 41535)_
Council held a public hearing to consider a resolution abandoning a portion
of Church Street between Santa Barbara and Osos Streets; King Development
Corporation, applicant (continued from 1/5/82, 2/2/82 and 2/16/82).
Dave Romero, Public Works Director, briefly reviewed the Council agenda
report and stated that one condition that needs to be discussed this
evening is condition 417 relating to the developer providing up to $8,000 of
community orientated amenities. Council needs to determine whether the
developer has provided adequate and proper amenities for this development.
' Upon question by Councilwoman Dovey.as to where the $8,000 came from, Mr.
Romero - stated that Public Works staff had recommended as a provision of
abandoning this portion of Church Street that the intersection of Osos and
Santa Barbara Streets be remodeled. The developer did not agree that this
would be to their advantage. The compromise was for the developer to pay a
quarter of the costs for improvements which was approximately $8,000.
Council had requested that the amenities be used towards improving the
neighborhood, i.e. Osos Street park and /or Mitchell Park.
Mayor Billig declared the public hearing open. No one spoke for or against
the proposed street abandonment. Mayor Billig declared the public hearing
closed.
City Council Minutes
Tuesday, August 21, 1984 - 7:00 p.m.
Page 12
After brief..discussion and upon.general consensus, Council.agreed that
contributions by the developer towards improvements met the requirement-
(5-0).
On motion of Councilwoman.Dovey, seconded by Councilman Dunin, Resolution
No. 5463 (1984 Series), a resolution of the.Council.of the City of San Luis
Obispo be adopted abandoning a portion of Church Street between Santa
Barbara.and Osos Streets. .Resolution.adopted unanimously (5 -0):..
Councilman Griffin requested that a letter be sent to the developer and to
the Housing Authority complimenting their.diligence and success "on.this '
project. Council concurred (5 -0).
B U S I N E S S I T E M
9. AFFORDABLE- HOUSING PROJECT.POLICY (File-#425)
Council reviewed policies and procedures for affordable housing incentives
as required by State Law (continued from.8 /2 /83.and 8/7/84)...
Toby Ross, Community Development Director,.briefly reviewed the Council
agenda report stating that staff needs an opportunity.for public comment
and specific direction from the Council.
Upon general consensus, Council.agreed to bring this back at a future study
session (5 -0). 1 ..
C 0 M M U N'I C_A T.I 0.N S'
C -1. Mayor Billig thanked the Council for.their efforts with the Quarterly
League of California Cities Channel Counties Meeting held August 17 at the
Madonna Inn. Vice -Mayor Settle and Councilwoman Dovey volunteered to help
the Mayor gather information for the Annual League meeting in September
1984.
C -2. Mayor Billig reported on her meeting.with Mr. Felton Ferrini and
relayed his appreciation to the Council for their efforts and concern in
dealing with the difficult community feeling surrounding his project.
C -3. Upon general'consensus Council directed Councilman Griffin and staff
to draft a letter for the Mayor's signature to the National Oceanographic
Atmospheric Administration urging the State Coastal Commission to get
better planning and-set reasonable limits on off -shore development along
the coast (4 -1, Councilman Dunin voting no)..
There being no further business to come before the City.Council,.Mayor
Billig adjourned the meeting at 11:35 p.m. to Wednesday, August 22, 1984,
at 12:00 noon for a field trip to the first three hillside planning areas.
Respectfully submitted,
Sharon Turner, Recording Secretary
04
mela Voges, Ci erk
APPROVED BY COUNCIL: 11/6/84
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