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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 ------ -- --- -- ------------------ ------------------ -------------------- - - - --