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.
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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