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HomeMy WebLinkAbout10/04/19711 n Pledge Roll Call Present City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA - October 4, 1971 - 7:00 P.M. City Hall Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Present: J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; R. D. Miller, Administrative Officer; L. Schlobohm, Fire Chief; A. J. Shaw, City Attorney; E. L. Rodgers, Police Chief; Price Thompson, Water Director; R. D. Young, Planning Director. C -1.. The City.Counci.l authorized payment of claims against'the City sub - ject'to approval of the Administrative Officer. C -2. The City Council approved the recommendation of the City Engineer for replacement of chlorine flow recorders at the Sewage Treatment Plant and agreed that they be ordered to be paid for from the 1972/73 budget. C -3. Bids received for a sedan for the Police Department were continued. C -4. The City Clerk reported the following bids were received for Street Widening Project, City Plan 24 -71. Bids were opened October 1, 1971 at 2:30 P. M.. ENGINEER'S ESTIMATE Base Bid $24,648.40 Less Alt. #1 - 6,524.00 $18,124.40 Conco Engineering Base Bid $25,684.50 Less Alt. #1 - 5,331.70 $20,352.80 O..K. Industries Base Bid $29,761.40 Less Alt. #1 - 5,432.40 $24,329.00 Walter Brothers Construction Base Bid $30,531.65 Less Alt. #1 - 6,202.60 $24,329.05 Wesley G. Watkins Base Bid $31,053.40 Less Alt. #1 - 5,188.40 $25,865.00 Madonna Construction Co. Base Bid $39,186.40 Less Alt. #1 - 6,542.40 $32,644.00 Councilman Graham and Gurnee were opposed to widening Johnson Avenue at the Ready property. The contract was awarded to the low bidder, Conco Engineering Contractors. City Council Minutes October 4, 1971 Page 2 C -5. The City Clerk reported the following bids were received for con- struction of Municipal Parking Lot No.. 12, City Plan 28 -71. Bids opened October 4, 1971 at 2:00 P. M. ENGINEER'S ESTIMATE $38,013.00 Wesley G. Watkins $37,924.70 Walter Brothers Construction $38,840.76 Madonna Construction $39,828.70 R. Burke Corporation $41,242.35 0. K. Industries Rejected due to irregularities in bid. The contract was awarded.to the low bidder, W. G. Watkins. C -6. On motion of Councilman Brown, seconded by Councilman Gurnee, the following resolution was introduced. Resolution No. 2235, a resolution increasing the 1971/72 budget by $20,000 to remodel Fire Station No. 1. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None C -7. The City Council authorized the Mayor to execute the agreement with George Martines, Jr. and Ann Martines FOR PLACING PUBLIC IMPROVEMENTS at 399 Foothill Boulevard in exchange for conveyance of a drainage easement. The Mayor was also authorized to accept the grant deed from the above named persons. C -8. The City Council received a communication from the State Controller regarding a new method of transmitting funds to local governments. The matter was referred to the Finance Department for implementation. C -9. The City Council received a communication from attorneys for San Luis Ob.ispo Savings and Loan requesting that the City move ahead with plans to correct the drainage problem on the Stan Cole property downstream from their building. The communication was filed. C -10. The City Council approved the following salary step increases sub- ject to restrictions of the price /wage freeze. Johnny M. Johns - Janitor From Step 3 or $538 to .Step 4 or $574 Harold McChesney - Police Officer From Step 4 or $868 to Step 5 or $918 C -11. The City Council approved the following contract payments: W. M. Lyles S. Tassajara Pipe Culvert City Plan No. 3 -72 Est. #1 $3,595.50 Est. #2 (Final) $ 399.50 F_�j �I City Council Minutes October 4, 1971. Page 3 Fred Julien & Associates Est. #1 $ 6,042.46 Ramona Drive Sewerline City Plan No. 17 -71 West Coast Construction Est. #3 $ 3,602.90 Boise Cascade Sewer City Plan No. 18 -71 Wesley G. Watkins Est. #2 $ 9,810.00 Sewer Siphon Project City Plan No. 16 -71 C. S. Construction Est. #3 $ 2,628.00 Street Resurfacing Project City Plan No. 26 -71 Est. #4(Final) $ 4,416.95 0. K. Industries Est. #2 $10,949.40 Center Street Culvert City Plan No. 15 -71 Walter Bros. Construction Est. #1 $17,055.06 Drainage Channel Lining & Culvert Replacement City Plan 6 -71 0. K. Industries $ 87892.00 Mission Plaza, Phase 11 W. G. Watkins Est. #1 $ 4;381.59 Mission Plaza Stone Walls Est. #2(Final) $ 486.84 Wally La Freniere Est. #1 $14,337.00 Fire Station Remodel C -12. The City Council confirmed the promotion of.Pat Gerety to Planning Associate effective October 1 starting at Step 2 or $918 per month subject to normal conditions for advancement and one year's probationary period. C -13. The City Council confirmed the promotion of Nancy G. Brown to Account Clerk II, effective October 1, starting at Step 3 or $558 per month subject to normal conditions for advancement and one year's probationary period. C -14. The City Council referred a --communication from the Citizen's Advisory Committee regarding appointment of new members to the committee to the Council subcommittee for nominations. C -15. A summary of zoning ordinance enforcement activities for the period ending September 30, 1971 was received and filed. ' C -16. The City Council approved use of international road signs in redwood for signs on the Mission Plaza restrooms. On motion of Councilman Brown, seconded by Councilman Gurnee, the consent items were approved as indicated. Motion carried. City Council Minutes October 4, 1971 Page 4 1. Mayor Schwartz presented a proclamation declaring 47H Week and honor- ing the 4 -H program for the young men and women of San Luis Obispo County. 1A. The City Council received a communication from the Associated Student Body of San Luis Obispo Senior High School requesting Council approval for their annual Homecoming Parade to be held October 15 starting at 2 ":.45 P. M On motion of Councilman Gurnee, seconded by Councilman Graham, the parade route was approved and permission granted. Motion carried. 2. The City Council received a communication from the State Division of Water Rights regarding the hearing on the water storage in Salinas Reservoir and giving the background of the matters to be decided at the hearing. 3. On motion of Councilman Blake, seconded by Councilman Gurnee, the City Attorney was instructed to prepare an agreement for professional services of William Hastrup, architect, for preparation of plans and specifications for lighting the City baseball field. Motion carried. 4. The City Engineer presented for the Council's information the plans and specifications for Phase I of Meadow Park. He explained the scope of the work to be accomplished under the project and stated that the esti- mated cost would be $99,000 including utilities. The City Council reviewed with the City Engineer the various elements to be included in the first phase of the park development. Councilman Blake asked if the approval of the plans and specifications could be continued so the City Council could review the plans to see what elements could be deleted from the contract. He suggested that the sprinkler system (estimated cost $43,000) and the landscaping be elimin- ated from this bid call and done at a later date. On motion of Mayor Schwartz, seconded by Councilman Brown, that the City Council approve the plans and specifications for Meadow Park, eliminating the sprinkler system and landscaping, with bids to be open on October 29. Motion carried with Councilman Blake voting no._ R. D. Miller, Administrative Officer, to report on financing prior to awarding of the contract. 6. At this time the City Council held a public hearing on the recommen- dation of the Planning Commission to rezone 3290 Southwood Drive to PD R -2 for construction of 46 apartments.; R. D. Young, Planning Director, presented the recommendations of the Plan- ning Commission approving the zoning change to PD R -2 subject to the. following conditions: 1. The developer shall process a subdivision map. 2. The creek bank is to be designed to a high esthetic standard. Said design to be approved by the,City Engineer and Planning Director. 3. Existing eucalyptus trees shall be trimmed to remove hazard. Said trimming to be to the satisfaction of the Park & Recreation Dept. 4. Covenants shall be recorded providing for common use of the proposed alley. 5. Developer shall show sewer line and easements along westerly property line with no structures over the easements. 6. Street trees shall be planted along Southwood Drive in accordance with the Street Tree Ordinance. 7. A detailed landscape plan showing plant materials and method of irrigation and play area shall be submitted to the Department of Planning /Building for review and approval. 1 City Council Minutes October 4, 1971 Page 5 8. A precise plan shall be submitted within six months from date of approval of the preliminary plan. 9. Construction shall commence within two years of date of approval of precise plan. 10. Developer shall install two City standard hydrants with street valves on six (6) inch cast iron laterals from the existing street main, once to be located immediately to the right of the east side entrance driveway, the other to be located immediately to the right of the west side entrance driveway. 11. Hydrants shall be installed and fully operable, and adequate access maintained prior to the start of any combustible building construction. 12. At any such future time that this occupancy is determined to be primarily student housing, additional fire detection and /or alarm protection may be required. 13. A five (5) foot landscaped easement shall be provided along the east and west property lines. 14. Developer shall - record a pedistrian easement providing for access from Southwood to the units in the rear, as per site plan. 15. The developer shall submit evidence providing for use of swimming pool for those units fronting on Southwood Drive. 16. At such time as the precise plan is submitted, final and detailed elevations shall be submitted to the Planning Commission for approval. The City Clerk presented a communication from Jane Swanson; 1334 Kentwood Drive objecting to the proposed.rezoning. Mayor Schwartz declared the public hearing open. Don Stickler, developer, appeared before the City Council on behalf of his requested rezoning and reviewed for the Council what was included in this development. He stated that he accepted the conditions imposed by the Planning Commission and was willing to cooperate with all City departments in order to make this an excellent development. Dave Kelly, 1337 Oakwood Court, was opposed to the development as proposed. He felt the land was too compact and the density would be too high for the neighborhood. Mrs. Kelly, 1337 Oakwood Court, objected to the proposal because of the six lots on Southwood being developed as separate parcels and she felt that better control would be maintained over the property if all tenants had access to the entire parcel. Roger Sherman objected to the development particularly the setbacks along Southwood Drive. He felt that the setback should be the normal twenty foot (201) residential setback and not fifteen feet (151) as proposed. Dick Chow, owner of the adjacent market, felt that this apartment develop- ment should be improved to support the commercial development already approved for the corner of Johnson Avenue and Southwood Drive. He stated that the market was built there too soon before sufficient high density dwellings were developed to support the market. He stated it was his opinion that Mr. Stickler was preparing a fine development. Mrs. Tabb, 1232 Fernwood Drive, stated she had no objections to the ' housing proposed but was worried about the increase in traffic that would be generated by this development along the adjacent residential streets. Claude Miller, Rose-Avenue, stated he supported the proposed development and felt it would be an asset to the community as it would be quite attractive. Mayor Schwartz declared the public hearing closed. Councilman Gurnee felt the plan was more acceptable than prior plans and felt some minor adjustments could be made to the open space at the time the precise plan was prepared. City Council Minutes October 4, 1971 Page 6 Councilman Blake had no comments. Councilman Brown felt the density was still too high but that the improved design would be an asset to the neighborhood. He also felt that fifteen feet setback on Southwood Drive was not adequate due to the length of the driveway approaches. Councilman Graham stated he felt 46 units was too high a density for the 1 area but felt that the design was now more attractive even at this density. Mayor Schwartz felt that the plan was more acceptable to the City than the former plan presented. He felt that this type of development was a good use of the land and the density was within the limits of the district. He felt that if the plan were approved by the City Council that Item 1 of the Planning Commission's conditions should be amended to consider full use of the common area by all tenants. On motion of Councilman Gurnee, seconded by Councilman Blake, the following ordinance was introduced and passed to print. ORDINANCE NO. 531 an ordinance amending the Official Zone Map of the City of San Luis Obispo, subject to amendment of conditions of Planning Commission to include; (1) The developer upon submittal of the subdivision map shall submitt covenants providing for common use of walkways on the six parcels fronting on Southwood Drive; (2) The creek is to be retained as an open channel and in its natural state. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 7. At this time the City Council held a public hearing on the recom- mendation of the Planning Commission to rezone property located at 3460, 3470 and 3480 Broad Street from MR AH to M -AH. R. D. Young, Planning Director, presented the recommendations of the .d Planning Commission: 1. The subject property consists of approximately 4.8 acres and is bounded on the north by a C -H District, on the east by M, on the south and west by County agriculture. 2. The property is developed with heavy commercial uses. Surrounding property is lightly developed. 3. The General Plan proposes manufacturing for this portion of Broad Street. The Commission was of the opinion this rezoning will bring the property into conformance with the General Plan, Mayor Schwartz declared the public hearing open. Roger Marshall, property owner, appeared before the City Council request- ing a favorable zoning change so that he could profitably make use of this land for manufacturing purposes. Ernie Schreffler, realtor, supported the proposal to rezone for proper development of the subject property. Jerry Trussler stated that he would like to purchase a portion of this property under consideration but only for industrial development. He supported the requested change., Mayor Schwartz declared the public hearing closed. City Council Minutes October 4, 1971 Page 7 The City Council discussed the proposed rezoning, taking into consider- ation the recommendations of the Planning Commission and the present development of the property. Mayor Schwartz reviewed the type of development that could be placed on this property under M zoning. He stated he hoped that if the zoning were approved by the City Council, that they would make the developer meet the strict performance standards in the M zone for industrial uses. On motion of Councilman Blake, seconded by Councilman Graham, the follow- ing ordinance was introduced. ORDINANCE NO. 532, an ordinance amending the Official Zone Map of the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee; Kenneth E. Schwartz NOES: None ABSENT: None 8. At this time the City Council held a public hearing of appeals from property owners aggrieved by the 1971 Weed Abatement Program. The City Clerk reported that to this time no written or oral complaints or protests had been received. Mayor Schwartz declared the public hearing open. No one appeared before the City Council to protest the Weed Abatement Program. Mayor Schwartz declared the public hearing closed. 9:05 p.m. Mayor Schwartz declared a recess. 9:15 p.m. Council reconvened with all members present. 5. At this time the City Council discussed the formation of a policy regarding creek or stream realignment whereby each case would be presented to the Council for discussion. Councilman Gurnee asked the Council to establish some policy for guidance of the City staff to protect the City's creeks and drainage channels. He felt that something should be done so that the City Council could review each and every proposal to channelize or realign creeks within the City. He listed five recent violations perpetrated to the drainage channels and creeks within the City on both public and private property. While he realized that many of these alleged violations were done under permits issued by the City departments, he felt the City Council should adopt a policy for the guidance of those who issued the permits. He recommended that the City Council adopt a moratorium on any work to be done in creeks until a creek master plan had been prepared and approved by the Council and Planning Commission. Until that time, he asked that all work to be done in creeks should be brought to the Council's attention for their decision in the way each creek problem would be handled after public hearing. He also suggested that the City's grading ordinance should be amended to take into consideration items other than strictly engineering. Councilman Graham agreed that some policy should be-adopted by the City Council for a review of all proposals for channelization or realignment of creeks within the City. City Council Minutes October 4, 1971 Page 8 Councilman Blake disagreed with the request that the City Council review all drainage projects in the City as he felt the major criteria in, these matters was one of engineering design and criteria in accord with City ordinances and the decision must be made on the engineering level. Councilman Brown did not agree that the City Council should approve every grading permit but did agree that there has been some damage to City creeks in the past week and felt that the Engineer should take any questionable grading permits to the City Planning Staff or Planning Commission for esthetic considerations with appeal to the City Council. D. F. Romero, City Engineer, explained the conditions under which each of the following permits were issued: 1) Royal Way - City Engineer Romero explained swale which had water in it only during storm and that in order to develop the subdivision, that this low place in the ground be covered. presented for Planning Commission :.and Council underground drainage. that this was a drainage s, with no vegetation, the City had required The tentative map review had shown this 2) French Hospital - Mr. Romero explained that the planned development plans submitted for Planning Commission and Council approval had shown this channel being enclosed. 3) Center Street - Mr. Romero explained that the City Council had dis- cussed in some detail the approach and exit wall and channel improvements and had approved these plans by majority vote. 4) Hathway Street - Mr. Romero explained that this drainage traversed private property, and the City could not deny placement of a pipe to handle the drainage flows, provided the pipe was of proper size and strength, which had been the basis of his approval of the work. John Cheda agreed with Councilman Gurnee that the City Council should adopt some policy of protection for the creeks on both private and public land. He also felt that if the City wanted to move dirt or change creek channels, they should buy the land and not damage private property. He also felt that the City should not go into private land to clear out brush and trees without the property owner's permission which has happened to him. He felt that the trees helped hold moisture in the ground and also slowed down flood conditions. Bob Lima, 289 Ramona Drive, stated that as a property owner with a drain- age ditch at the back of his property, he expected the City to maintain all drainage ditches including hos own and to protect private property at ail cost. D. F. Romero, City Engineer, explained the difference between private drainage such as on the Lima property and City -owned drainage channels. Skip Kelley felt.the City should take the money that was now being wasted on advertising to entice people from Los Angeles to come to San Luis Obispo and use it to save the creeks in San Luis Obispo. He.felt the City could purchase easements and actually own the rights for public use of the creeks. He also felt that the funds could_be used to buy other scenic easements. Jeff Fox felt the City should define what was meant by a creek, a channel, drainage easement, etc. He felt that the City Council.should take the lead to protect the environment and creeks. George Harper, Chairman of Obispo Beautiful Association, felt his.group was in complete support of proposals to protect and save.the creeks in San Luis Obispo. He hoped the City Council would take some action this evening to save the creeks and channels in the City. City Council Minutes October 4, 1971 Page 9 Bruce Petroski objected to allowing creeks to be placed underground in culverts as once the creeks were covered, they were gone forever. Glen Noble, property owner, urged the City Council to establish greater control on private property to protect the environment and the creeks of the City. ' Councilman Brown asked what control could the City have over private property with creeks and drainage channels. A. J. Shaw, City Attorney, felt that the City Council has the power to control creek and drainage development but that an ordinance must be carefully written with proper definitions to avoid future problems. Councilman Gurnee agreed with comments that the City had no control over the creek and drainage channels. He hoped the City Council would adopt a moratorium on creek channelization until the Planning Department had completed its creek study and it had been approved by the Planning Commission and City Council after public hearings. Councilman Blake felt that the City of San Luis Obispo had not gone out of its way to harm or destroy the creeks in the City but had followed the regulations of its adopted ordinances. He did not know what would have been accomplished had the Hathway Street creek problem been brought to the Council for determination. Mayor Schwartz stated that while he tended to agree with the comments of Councilman Gurnee, he wondered if the City Council had not gone over all this once before. He then read for the Council's review a letter he had written to the Council and staff on January 11, 1970, which set forth a course of action for the resolution of the stream problems before the Council. He then presented a letter from the League of Women Voters dated January 15, 1970, approving attempts by the City Council to do what could be done to protect the streams and creeks of San Luis Obispo. He also informed the City Council that the City planning staff had nearly completed their work on the San Luis Creek, Stenner Creek and Old Creek studies. He again stated that while he agreed with Councilman Gurnee's feelings, he felt a moratorium would only stop any work in the community and would not encourage any work to adopt a master plan for creek pro- tection and /or development. He suggested that if as an interim measure, the Council could form a committee consisting of a representative of the' Engineer's Department, Planning Department, and Park Department to review all proposed improvements or developments in creeks or drainage channels. The Committee might be augmented by an ecologist and an additional engineer with all unresolved matters to come to the Council for consideration. Councilman Blake suggested that the Committee should be composed of members of the City staff so that a quick determination could be made on routine problems. Councilman Gurnee suggested that a Councilman be made a member of this committee and volunteered to serve. On motion of Councilman Gurnee, seconded by Mayor Schwartz, that a Council committee consisting of one Councilman, a representative of the City Engineer, the Planning Director and the Park Department be appointed to review all proposed improvements, channelizations or gradings involving the creeks or drainage channels within the City. Motion carried on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Mayor Schwartz NOES: None ABSENT: None City Council Minutes October 4, 1971 Page 10 Mayor Schwartz appointed Councilman Gurnee to be the Council representa- tive on the committee. 9. On motion of Councilman Blake, seconded by Mayor Schwartz, a resolution of the City of Monterey Park urging passage of U.S. Senate Bill 1427 relating to disaster relief was ordered received and filed. Motion carried. 10. On motion of Councilman Blake, seconded by Mayor Schwartz, a reso- lution of the City of Santa Rosa recommending that garbage fees or some reasonable portion thereof be allowed as an income tax deduction was ordered received and filed. Motion carried. 11.. On motion of Councilman Blake, seconded by Mayor Schwartz, a reso- lution of the City of Upland opposing A.B. 2294 which would regulate lot sizes in mobile home parks was ordered received and filed. Motion carried. 12. A communication from the District Attorney regarding the hearing on Supervisorial Re- Districting to be held October 4, 1971 was received and filed. 13. The City Council received a communication from Francis Dean proposing an update of the Laguna Lake Park Development Plan. 1 On motion of Councilman Brown, seconded by Councilman Graham, the proposal was continued for further discussion with Francis Dean. Motion carried with Councilman Blake voting no. n 14. The following communication was re ceived from the Planning Director regarding Mission Plaza Phase II: The landscape contractor for Phase Il of Mission Plaza, Karleskint -Crum, has indicated that due to changes in the plans.and specifications for Phase II, he has been required to do extra work without additional com- pensation. He has requested that he be released from the.45 day maintenance period in exchange for the following additional work. He will supply all plant materials around the Murray Adobe, repair the sprinkler system at the Art Center, and continue to guarantee all plants... The Planning Department feels that this proposal is a fair exchange. The Parks Department has no objection and would commence the-mainten- ance immediately if this change is approved. The City Attorney has determined that all changes in the contract must be approved by the Council. On motion of Councilman Blake, seconded by Councilman Brown, the request was approved. Motion carried. 15. D. F. Romero, City Engineer, presented for the Counci.l's consider -. ation, the plans and specifications for construction of the pole barriers at Laguna Lake Park in accordance with the recommendations of the Park and Recreation Commission and the Desi.gn Review Board....He.presented . sketches of the work to be accomplished under the contract. The esti- mated cost of the project was $9,900. Councilman Graham questioned the need of the barriers to keep the motor cycles from the park land as he felt all that was really needed was the placement of necessary signs in the park. City Council Minutes October 4, 1971 Page 11 Councilman Blake was also opposed to the barriers as he felt it was an excessive amount of money for the project. Wes Conner, Vice Chairman of the Park and Recreation Commission, wondered why this work could not be accomplished by City forces and not go to contract. R. D. Miller, Administrative Officer, explained that under the City Charter any project over $1999 must be put out for public call for bids. Councilman Blake moved that the City Council not call for bids as he felt the expense out - weighed the benefits of the project. Motion died for lack of a second. On motion of Councilman Brown, seconded by Mayor Schwartz, the City Council approved the specifications and authorized the call for bids. Motion carried with Councilmen Blake and Graham opposed. 16. The City Council received notification from the Human Relations Commission that Harry E. Woolpert had been elected chairman of the Com- mission for the balance of the 1971/72 year. On motion of Councilman Blake, seconded by Councilman Graham, the City Council confirmed the appointment of Harry E. Woolpert as chairman. Motion carried. 17. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2238, a resolution increasing the 1971/72 budget. (Inspection fees for Tract No. 405) ' Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 18. The City Council considered a claim againsttthe city for personal injuries on behalf of Jere D. Ray. On motion of Councilman Blake, seconded by Councilman Gurnee, the Council denied the claim of Jere D. Ray and referred-it to the City's insurance carrier. Motion carried. 19. The City Council adjourned to executive session to discuss personnel matters. 20. On motion of Councilman Blake, seconded by Councilman Graham, the meeting adjourned to October 11, 1971 at 7:30 P.M. Motion carried. I. FiTZTPATRICK, CITY CLERK APPROVED: November 15, 1971