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HomeMy WebLinkAbout01/11/1971Pledge Roll Call Present City Staff MINUTES ADJOURNED MEETING OF THE CITY OF SAN LUIS OBISPO, January 11, 1971 - 7 City Hall CITY COUNCIL CALIFORNIA :30 P.M. Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; E. Rodgers, Police Chief. 1. Council discussion of the future dispostion of the City -owned property on Madonna Road and Madonna Inn access road. Mayor Schwartz briefly explained the problem of access to City -owned prop- erty on Madonna Road at the Madonna Inn access road. He stated that the Shell Oil Company had proposed a service station for the Martinelli property which included City -owned property for access to the service station. Mayor Schwartz stated that he wished it understood that no rezoning was in- volved in this proposal as the property was properly zoned'R =C and all that was needed was a use permit from the Planning Commission to build the service station. The complication in this matter was that the land lying between the Martinelli property and the Madonna Inn access road was City owned property which.Shell Oil Company proposed to use for access to the service station. This matter had been discussed several times by prior City Councils and had been rejected. At the last hearing on a request for a service station, Alex Madonna; adjacent property owner, offered the City a proposal that.he would landscape and'put in a sprinkler system to City specifications on the City owned property at no expense to the City. R. D. Young, Planning Director, reported that the Planning Commission had approved the use permit for the station on the Martinelli property with the condition that Shell Oil Company provide two entrances or exits on Madonna Road and one across City -owned property to the Madonna Inn access road. He continued that the use permit had been approve subject to the City Coun- cil granting the necessary encroachment permits over the City property with the balance of the City owned property to be landscaped by the applicant. The Planning.Commission also recommended that a pavement berm be constructed in the center of the Madonna Inn access road to prevent left turns by those exiting from the service station and also prevent those going north on the access road from turning left into the station. Mayor.Schwartz stated that a review of the official record showed that the City Council had turned down this request by Shell Oil Company due to the extreme traffic problems at this entrance road. Paul Davis, attorney.for the Martinelli interests, stated it was his opinion after research that the unimproved land lying between the Martinelli prop- erty and Madonna Inn access road was a City street and not just a lot owned by the City. He continued that in his opinion, this property was really a street which was returned or given to the City by the Division of Highways at the time the new interchange at Madonna Road was completed and he felt that the City Council had no choice but to grant Martinelli a permit to place curb, gutter and sidewalk on the City property and allow access to the property. He further reminded the City Council that the proposed ser- vice station site met all the conditions of the zoning ordinance including zoning and therefore the permit should be granted.. City Council Minutes January.JJ.,. J97J Page 2 He further did not feel that the City Council could use the use permit to change the land use of the property. He stated on behalf of the applicant that Martinelli and Shell Oil Company simply wanted one additional curb opening on Madonna Road over City owned property which would make a total of two entrances or exits from the station. Paul Davis stated that the applicant did not request the access over City property to the Madonna Inn access road but that this condition was added by the Planning Commission. He continued that Martinelli would be willing to landscape the balance of the City -owned property if the City so reques- ted but he suggested this be done in cooperation with Alex Madonna so that the landscaping would benefit both ownerships. He stated all .his , clients wanted was a use permit which would allow access to Madonna Road. Don Benedict, representing Shell Oil Company from Santa Barbara, urged the City Council to approve the encroachment permit for Martinelli so that Shell Oil Company could benefit with the development of a fine service station on the Martinelli property. He felt that this was a. good location for a ser- vice station and hoped that the City Council would approve. Councilman Blake questioned the interpretation by Paul Davis on the granting of property to the City by the State, as he felt in review of the record that the land was granted to the City to use as it wished for public pur- poses but not strictly for street purposes. He continued the question before the Council was whether the Council would grant access over City property to Shell Oil Company and Martinelli or would the City grant a landscaping permit to Alex Madonna and /or Martinelli for a long period of time. H. Johnson, City Attorney, stated that it was true that the City acquired the property from the State for use as a public street. However, when the City established the curb line at the intersection and determined the amount of property which would be needed to handle the traffic at that location, it also created a parcel which was temporarily excess to the City's needs for street purposes. Because it was recognized that it might someday be needed by the City for street widening or other public purposes, the City Council denied a request to abandon or sell the property as surplus to City needs. The City Council, therefore, has the discretion to devote the property to parkway or planting use if it decides that it does not wish to have it used for private driveways to serve a neighboring commercial property. Alex Madonna opposed allowing Shell Oil Company to have access over the City property to the access road to his inn. He felt that traffic was extremely heavy on this access road to and from his facility without adding additional turning movement through an adjacent development. He stated he did not ob- ject to the construction of a service station as such, but did object to allowing heavier traffic on the Madonna Inn access road and he hoped that the City Council would not allow Shell access to this road. Hubert Page, 2424 Sunset Drive, brought to the Council's attention the matter of the extremely high speed traffic presently using Madonna Road and hoped that the City Council would not allow an additional service station on.Madonna Road particularly at this entrance to Madonna Inn and 101 Freeway. Clyde Hostetter asked the City Council to have the Police Department pre- sent its report and recommendation on Madonna Road. E. Rodgers, Police Chief; stated that he was opposed to allowing an ad- ditional access to Madonna Road near the Madonna Inn access road as it would be extremely hazardous to traffic using both Madonna Road'and the access road and would also be dangerous to patroras of the service station, as the entrance would be within fifteen feet of the Inn access road. Sergeant W. Morrisey; Police Department, explained through the use of charts the various traffic conflicts that would be.added.to Madonna Road if the service station were allowed an entrance ramp near the access road to Madonna Inn. He then showed the hazards that would be added if this automobile oriented business were allowed to have access to Madonna Road. 1 1 1 City Council Minutes January 11, 1971 Page 3 D. F. Romero, City Engineer, stated that he felt that the so- called City owned property under discussion was really granted to the City for a street and that he and the V vision of Highways had selected the curb alignment which left the surplus property. Further, he felt that a service station development would not be too objectionable type of business due to what he felt would be controlled traffic use. . D. F. Romero continued that in his opinion the best solution included the rear access from the station onto Madonna Inn access road, placing a berm down the center of the Inn access road so that existing traffic could not turn left from the Madonna Inn access road. He recommended that the City Council permit the issuance of the encroachment permit to Martinelli, Shell Oil Company with the three entrances as required by the Planning Commission R. D. Young, Planning Director, stated that the service station site from the westerly line of the Martinelli property to a point on the City prop- erty was eighty -two (82) feet on Madonna'ROad and the ordinance required a minimum of 100 feet frontage for a service station. Therefore, the additional frontage was needed from the City property to qualify in.frontage. Mayor Schwartz then read directly from the zoning ordinance the type of development . which could be placed in an R -C zone with and without use per- mits on sixty foot minimum frontage or larger. Councilman Blake questioned the route recommended through the station and out to the Madonna Inn access road and felt that he could not.support this recommendation for the development of the service station. Councilman Spring stated that he was opposed to a service station access from the Martinelli property to the Madonna Inn, access road due to further complication of extremely hazardous traffic.on Madonna Road. He felt this development was wrong for this property and stated that the property owner was remiss in not presenting a master plan for development of the property along Madonna Road as was requested by the City Council several years ago before any development was started on the Martinelli 'property. Councilman Miller felt that the property owner was wrong in the way he. laid out the property by not leaving enough land to properly design access for development from Madonna Road. He agreed with Councilman Spring's comments that the property owner had been asked to present a master plan for the development of the Martinelli property at the time.the Vagabond Motel and Country Kitchen were developed. Had the master plan.been pre- sented as requested by the City Council, the entire parcel owned by Martinelli would have adequate access to Madonna Road. He stated that he would not support the recommendation of the Planning Commission for Shell Oil Company for an encroachment permit on City property. Councilman Graham stated that he was opposed to granting access to the Madonna Inn access road as he felt that the entrance. to Madonna Road would be made more hazardous. He also felt that curb cut requested by the prop- erty owner was dangerous but he could live with it-it the property owner could. Mayor Schwartz stated that it was his feeling that the City of San Luis Obispo should keep the property received from the Division of Highways for future development when and if the frontage road is put in from 101 inter- change at Marsh Street through the Madonna Inn property to Madonna Road. He felt that when this development came through, the City would need three or four lanes of traffic on the westerly side of the Madonna Inn access road in order to channel.ize traffic properly., He continued that on the basis of future needs of the City he would oppose the granting of access over the City owned property on Madonna Road. On motion of Councilman Graham, seconded-by Councilman Spring, that the City Council deny access over City owned property to Martinelli and Shell Oil Company and further deny a permit for a curb cut on the same City property. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes January 11, 1971 Page 4 1B. At this time the City Council discussed with.Alex Madonna, his offer to landscape the City owned property adjacent to the entrance to Madonna Inn. R. D. Young, Planning Director, presented for the Council's discussion a suggestion for landscaping the City owned property under discussion, with the work to be done by A.,Madonna.at his expense. H. Johnson, City Attorney, stated, upon questioning, that the City Council could enter into agreements with_ property owners to'landscape City owned property, provided it was recognized that the City could alter such use of the property and remove the temporary improvements at anytime. A. Madonna. stated he would like to see the property brought up to grade, extend the drain across the property, put in sprinkler system and plantings. He would like. to have the City Council consider pine trees and several large rocks for landscaping features. He continued that if the City Council had no objection,,.he would like to work with the Planning Department to develop a nice plan for the area. The City Council requested that the City staff work with.A. Madonna to landscape the City property, subject to the right of the City.Council.to discontinue such use and remove the sprinklers and landscaping at any time.. 2. At this time the City Council considered the adoption of RESOLUTION 2141 . a resolution establishing the framework for future relations between the City of San Luis Obispo, as an employer, and its employees. Mayor Schwartz stated that the reason for adopting the suggested resolution was to establish a program for negotiating and meeting with the various employee organizations of the City and the City itself for resolving.dLs- putes regarding wages, hours and other terms and conditions of employment. H. Johnson, City Attorney, explained that this resolution being considered by the Council was an adaptation of a model ordinance prepared by the League of California Cities to establish procedures for employer- employee relations. He then reviewed the various sections of the resolution dealing with employee rights, City rights, etc.' J. Ecklund, President of the San Luis Obispo Employees Association, suggested that in Section 8, page 4, rather than "reasonable notice" that twelve (12) days minimum notification be given to the recognized employee associations of Council consideration of changes affecting employees of the City. Gary Grant, President of the Police Officer's Association, wondered if the Police Officers "Association would receive formal recognition as a bargain- ing unit before the City of San Luis Obispo. On motion of Councilman Graham, seconded by Councilman Miller, that the City Council of the City of San Luis.Obispo formally recognize the San Luis Obispo City Employees Association and the Police Officers Association as bargaining units representing their employees subject to filing of the necessary docu- ments for formal recognition. Motion carried. On motion of Councilman Graham, seconded by Councilman Miller, the following resolution was introduced. RESOLUTION NO. 2141, a resolution establishing the framework for future relations between the City of San Luis Obispo, as an employer, and its employees. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None City Council:.Minutes January 11, 1971 Page 5 3. Status report on the 1970/71 Capital Improvement Program was continued to the next meeting. (1/18/71) 4A. Mayor Schwartz reviewed for the Council's information the steps to date in finalizing the February 6, 1971 City conference program, stating that the chairmen of the various advisory bodies had approved the concept and format of the session, as had the department heads and he stated he was proceeding with the development of the full program. 4B. Councilman Blake reviewed for the City Council the activities of the Council committee which had been meeting with the Chamber of Commerce air- port committee on the development and up- grading of the San Luis Obispo County Airport in an attempt to modernize and upgrade the airport for greater use. He continued that the FAA had classified the San Luis Obispo airport as a "general utility" airport and the possibility of up- grading was almost impossible unless the landing strip could be enlarged and ad- jacent areas controlled. Mayor Schwartz explained that the airport was now under discussion due to other factors in the general area.of the airport such as the realighment of Route 227. Also in the light'of the proposed annexation of the area north, east and west of the existing airport to the City, discussion as to who should properly operate the airport and control the land us adjacent to the airport, City or County? He continued that the proper development of the San Luis Obispo Airport would have a great impact on the future development and growth of the City of San Luis Obispo not only for pleasure flying but for commercial and tourist use and he hoped that the City council would take a strong look at the operation of the County Airport and look toward the future operation. Councilman Blake felt that one conflict between the City and County offi- cials was whether either agency would really attempt to control land use in the vicinity of the airport in order to protect and control its develop- ment. Leroy McChesney, member of the Chamber of Commerce Airport Committee, stated that it was his opinion that the City Council and the County Board of Supervisors must decide what type of airport they wanted and whether they are willing to control the development in the airport area as re- quired by the FAA. He stated that if these officials would not protect the airport environs, then it would never be up- graded for a higher use and would stay just as it is. He felt that the airport was recognized nationally as a utility airport and felt that the City or County officials should take some steps now to up -grade the airport and protect approaches. Charles Wiswell, President of Swift Aire, thanked the City Council for its interest in the upgrading of the San Luis Obispo Airport and he hoped that some joint improvements could be made so that not only his operation but other commercial aviation.interest could use the airport. It was his opinion that the major problem at the airport was the County Board of Sup- ervisors constantly allowing additional construction within the FAA flight limit lines. He continued that he hoped that some day the City of San Luis Obispo would take over the operation of.the airport as he felt. the City had shown more interest that The County officials in its development. The matter was continued and referred to the Council committee and the Administrative Officer to continue their study.and report. 462. Highway Route 227. D. F. Romero, .City Engineer, briefly presented the proposed work being planned for Route 227 from the town of Edna, south of San Luis Obispo. He continued that the highway was to be upgraded to major highway classi- fication and some time in the early spring, a public hearing would be held to present studies to the public. City Council Minutes January 11, 1971 Page 6 4B2. Highway 1. Mayor Schwartz brought to the Council's attention the matter of the public hearing on the design features of Route 1 between Marsh Street and Baywood Park overcrossing near Morro Bay. The Mayor continued that the prepared route through a portion of Laguna Lake Park and over the hill to Marsh Street interchange would not adequately serve the future of San Luis Obispo. He felt the depth of cut at the notch between Laguna Lake and the Marsh Street interchange would be too drastic and was not required. It was hiss op.inion that Route l.should not turn over the hills to San Luis Obispo but should be continued easterly to connect with Route 101 possibly across from Prado Road. 16 that case, future development could take Highway l easterly to meet with Route 227 to Arroyo.Grande. He asked the City Council to sup- port his request for a restudy of that portion of the proposed route prior to adoption by the Highway Commission.. On motion of Mayor Schwartz, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION No. 2138, a resolution requesting a re -study of the proposed highway route for Highway 1 near the westerly limits of the City of San Luis Obispo. Passed and adopted on the following roll call vote.: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 5. R. D. Mil.ler, Administrative. Officer, presented to the City Council a list of equipment scheduled for replacement in the 1970 -71 budget. He, suggested that for this year the City not require bidders bond or certi- fied or cashier's check as a guarantee to perform and he also recommended that the City allow dealers or the general public to bid on outright pur- chase of vehicles to be traded in although he felt all vendors bidding on new equipment would be required to submit a trade -in figure. He also stated that the City Engineer's proposal to bid on the motor grader to guarantee repurchase price after four years or 3500 hours of operation whichever comes first as an alternate in the bidding procedure. The City Council felt this should be at the option of the bidder. The Administrative Officer was authorized to proceed. 6. The City Council adjourned to executive session to discuss matters involving property acquisition involving possible litigation. 7. The City Council reconvened at regular session. On Blake, seconded by Councilman Miller, the City Attorney proceed with the acquisition of the Lownes property for Foothill Boulevard. Motion carried. 8. On motion of Councilman Spring, seconded by Councils Attorney was authorized to proceed with the acquisition property on Rockview Place and the Mayor was authorized instructions. Motion carried. motion of Councilman was authorized to street widening on nan Blake, the City of the Hoffman to sign the escrow On motion of Councilman Blake, seconded by Councilman Graham, the meeting was adjourned. Motion carried. iFi. F A RICK, CITY CLERK APPROVED: February 16, 1971