HomeMy WebLinkAbout05/07/19731
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Pledge
RoII Cal I
Present
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
MAY 7, 1973 - 7:00 p.m.
City Hall
John C. Brown, Myron Graham, T. Keith Gurnee,
Jesse Norris, Kenneth E. Schwartz
Present: J: H. Fitzpatrick, City Clerk; W. Flory, Director of
Parks and Recreation; R. D. Miller, Administrative
Officer; R. A. Paul, Director of Water Department;
E. L. Rodgers, Police Chief; D. F. Romero, City
Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, Jr.,
City Attorney; P. Gerety, Planning Associate
C -I -a Claims against the city for the month of May 1973 were approved.
C -I -b Minutes of December II, 18, 19, 1972, January 2, 15, 29, and
February 2, 1973 were approved.
C -2 Report.of the City Clerk on bids received on City entrance
and parking lot signs, City Plan #17 -73. Bids opened May 3, 1973
at 2 p.m. Following are the bids received for City Entrance and Public
Parking Lot Signs:
Architectural Arts
San Luis Obispo
7 Parking Lot'Signs @ $400 /each $2,800.00
6 Entrance Signs @ $300 /each 1,800.00
$4,600.00
No other bids received.
The Council waived performance and material bonds, and the bid, to
include sales tax. It was agreed this should probably be handled on
a purchase order basis.
C -3 The Council approved the following contract payments:
I. R. Burke Corporation, Inc. - CP #26 -72 11,449.46
Madonna Road Widening, est #7
2. Steiny & Co., Inc. - CP #2 -73 1,443.65
Madonna- Oceanaire Traffic Signal, est #4
3. Steiny & Co., Inc. - CP #2 -73 3,386.70
Madonna- Oceanaire Traffic Signal, est #5 FINAL
4. Karles-kint -Crum, Inca 1,960.90
Street Tree Planting, Tract 400
El Camino Estates, est #2
5. Karleskint -Crum, Inc. 435.90
Street Tree Planting, Tract 400
El Camino Estates, est #3 FINAL
6. Karleskint -Crum, Inc. - CP• #11 -72
Meadow Park Phase II, est #2 15,794.50
City Council Minutes
May 7, 1973
Page 2
7. James T. Fickes, A.I.A.• 11060.80
Architectural Services - Addition to
Senior Citizens Center, est N2
C -4 On motion of Councilman Gurnee, seconded by Councilman Brown, the
following resolution was introduced: RESOLUTION NO. 2461, a resolution
increasing the 1972 -73 budget and making a trans er to take care of
expenses in connection with the Leff - Bond - Ramona improvement district.
Passed and adopted on the following roll call voter
AYES: Councilmen Brown, Graham, Gurnee, Norris, and
Mayor Schwartz
NOES: None
ABSENT: None
C -5 On motion of Councilman Gurnee, seconded by Councilman Brown,
the following resolution was introduced: RESOLUTION NO. 2462, a resolution
approving and authorizing the publication of the Civil Defense and Disaster
Emergency Plan.
Passed and Adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris, and
Mayor Schwartz
NOES: None
ABSENT: None
C -6 The Council approved the recommendation of the Plannina Department
that approximately 950 Manna Gum Eucalyptus seedlings, donated to the
City by Karleskint -Crum Nursery, be planted at City entrances by Youth
Corps volunteers.
C -7 The Council considered an agreement between the County of San
Luis Obispo and the City of San Luis Obispo for planning services, and
authorized the Mayor to sign.
C -8 A memorandum from the City Attorney concerning Senate Bill 391
(Probation Subsidy) was received and filed, this bill being opposed by
the County Board of Supervisors.
C -9 Received correspondence between the City Engineer and Mark
Hurd Aerial Surveys, Inc., and approved the City Engineer's request
that Mark Hurd Aerial Surveys, Inc., prepare a photogrammetric presenta-
tion indicating encroachment into the creek at the intersection of
Marsh and Higuera.
C -10 Communication from the San Luis Obispo Chamber of Commerce
requesting Council action for the Division of Highways to place visitor
information signs at the freeway entrances now that the Chamber office
was open seven days a week. This was referred to the Design Review
Board for recommendation.
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City Council Minutes
May 7, 1973
Page 3
C -II Communication from Mrs. Hilda J. Rosa asking Council action
for improvement of the intersection of Mission and North Broad Streets,
due to the large number of accidents that have occurred at this inter-
section. This was referred to the Traffic Committee and City Engineer
with a report requested for the May 21, 1973 meeting.
C -12 Communication from the Advisory Committee on Joint Recreational
Use of School District Property, requesting that the City authorize a
topographical map for use by the master planning architects at the Sin -
sheimer Park complex. The Council approved this request.
C -13 Communication from the Downtown Association requesting that the
City institute a foot patrol in the downtown shopping area as a deterrent
to criminals and shoplifters. This was referred to the City Staff for a
feasibility report.
C -14 A communication from Mr. and Mrs. Roger L. West, Sr., 348
Hathway Street, requesting relief from an anticipated hi`g wa er bill for
a broken water line on their property over the Easter vacation. This was
referred to the Director of.the Water Department for report.
C -15 Communication from the U. S. Postal Service regarding a dupli-
cation of address number and street names along Los Osos Road and Los
Osos Valley Road, urging City cooperation to clear up the situation. This
was referred to the Planning Department for recommendation.
1 C -16 Chief Rodgers reviewed the police incident reports involving the
Woelfle vehicles for the City Council. Erwin Woelfle appeared before the
City Council stating that the police had harassed him over these vehicles,
which he owned, and he felt that the police had committed a crime, both
misdemeanor and felony, by going on his property to inspect the alleged
improper vehicles. He demanded that the City Council suspend the officers
involved due to practices in harassing a private citizen. He continued
that the vehicles were owned by him. Many of them were licensed for the
current year and were in various stages of repair and rehabilitation, and
he didn't feel that the City had the right to force him to remove the
property from his own land.
A. J. Shaw,Jr., City Attorney, reviewed for the City Council Section 5200.19
of the Municipal Code dealing with unlicensed and inoperable motor vehicles
stored on residential property. On motion of Councilman Brown, seconded
by Councilman Gurnee, the City Council allowed seven days for Mr. Woelfle
to meet with the City Attorney and Police Chief to clear this matter, or
at the end of that time, authorized the City Attorney to.proceed against
Mr. Woelfle.
C -17 Request from the American Legion Auxiliary, Unit 66 of San
Luis Obispo, for permission to sell "veteran - made" poppies May 18 and
19, 1973 in downtown San Luis Obispo, Foothill Plaza and Madonna
Plaza. This permission was also extended at this time to the Auxiliary
of the Veterans of Foreign Wars.
C -18 Minutes of the Design Review Board were received and filed.
City Council Minutes
May 7, 1973
Page 4
C -19 The following promotions and appointments to City service
were announced by Richard D. Miller, Administrative Officer:
I. Gerald Arnett to Fire Captain, effective 5/1/73
2. Norman Hammond to Fire Engineer, effective 5/1/73
3. John B. Carson to.Fireman, effective 5/16/73
4. Ernest Maldonado to Maintenance Man 11, effective 5/16/73
5. William Freeman to Groundskeeper, effective 5/16/73
All promotions and appointments subject to one -year probationary period.
C -20 The following claims against the City were denied and referred
to the City's insurance carrier:
I. Ray A. Pierce & George H. Nechodom dba San Luis
Barber Shop @ $25,000
2. James E. Hazard & Gary S. Hazard @ $25,000
3. Elite Insurance Company @ $1,098.50
4. Harry E. Serafin @ $5,000
5. Harry E. Serafin @ $15,000
6. Christina Fisher @ $100,000 1
7. Byron W. & Saundra Trice @ $40,000
8. Charles W. Flanagan & Kathleen E. Flanagan @ $32,000
9. Anthony Guerra & Josephine Guerra @ $17,000
10. James Lee Jonte & Connie Carolyn Jonte @ $23,000
11. Angelo Morabito & James Morabito dba Paul's Laundry &
Dry Cleaners @ $14,000
12. .James C. Hannah & J. Elizabeth Hannah @ $25,000
13. Amalia Morabito @ $30,000
14. George L. Andre & Jane Andre @ $15,000
15. Eva Andre, George L. Andre, Barbara Andre, Herbert
Andre, Peter Andre & Dolly Andre Wall @ $50,000
16. Louis C. Ricks & Regina M. Ricks @ $.20,000
17. John A. Dana & Dorothy M. Dana @ $100,000
18. Alvin R. Rogers & Norma R. Rogers @ $40,000
19. John Gard @ $50,000
20. Supplemental claim for damages & injunctive relief
William T. Wall & Dolly L. Wall and Jack L. Gaddis &
Betty J. Gaddis @ $10,038,000
City Council Minutes
May 7, 1973
Page 5
C -21 A. J. Shaw, Jr'., City Attorney, presented two letters from
Charles A. Flanagan appealing the results of the April.16, 1973 Council
Meeting. These were received and filed.
C -22 Communication from the County Engineering Department regarding
potential City use of Nacimiento water supply, and requesting a meeting
with City representatives to discuss this potential use. This matter
was set for study session.
C -23 Minutes of the Waterways Planning Board of April 11, 13,
18, 20, 23, 27, and May I, 1973 were received and filed.
C -24 Minutes of the Mass Transportation Committee meeting of
April 27, 1973 were received and filed.
On motion of Councilman Gurnee, seconded by Councilman Brown,
all consent items except C -2, C -4, C -5 and C -16 were approved for
action as indicated. Motion carried.
I. Communication from the Planning Commission recommending that
the City Council- dispose of surplus property located at the end of
81 Foothill Boulevard.
A. J. Shaw, Jr., City Attorney, asked that the matter be referred to
him for review and for preparation of the proper documents for Council
action.
2. Council consideration of a resolution of preliminary determina-
tion and of intention -- Johnson Avenue .improvement; and a resolution
determining that the public interest and necessity require the acquisition
of certain land directing the filing of eminent domain proceedings
and appointing special counsel.
Mr. James Morton, special counsel for the Johnson Avenue Improvement
District, appeared before the City Council explaining steps necessary
for the acquisition of property and necessary street improvements for
the widening. He reviewed a resolution of preliminary determination
and of intention and also the resolution determining that the public
interest and necessity required the acquisition of certain lands, etc.
Murray Warden, representing the owner; Dorothy Bilodeau, asked the City
Council if the action contemplated this evening would preclude continued
negotiation toward the settlement of the street widening property
acquisition.
James Morton stated that in most cases land was acquired through negotia-
tion rather than through court litigation, and they would hope that
' this would be the case in the subject acquisition, but that the filing
of the resolution did not stop this possibility.
Murray Warden added that he and his mother would still like to discuss
acquisition with the City Council before court action was instigated
as he felt that many of his mother's questions dealing with the
acquisition and final improvement have not been answered by the City
staff.
City Council Minutes
May 7, 1973
Page 6
Mrs. Dorothy Bilodeau, property owner, stated she did not feel that
any real attempt had been made by the City to resolve the matter of
property acquisition for street widening, and she was sure that with
calm discussion with members of the City Council a solution could
be accomplished.
Councilman Gurnee felt that the Council should continue discussion
with Mrs. Bilodeau and that a subcommittee of the Council should be
formed rather than going to court.: Councilman Norris stated that he
was in favor of continuing the matter at least for a month so the
Commission could negotiate with the property owner. Councilman Brown
felt that if the property owner would like to continue to negotiate,
he would go along with the delay in.order to amicably arrive at a
solution. Councilman Graham felt a longer period of time could be
given for negotiation. However, it was pointed out that a delay of
more than one month could prevent the City from accomplishing this
project this year.
James Morton stated if the property owner felt that she and the City
could get together, he would recommend to the City Council that the
two resolutions be continued until after the negotiations ceased.
On motion of Councilman Gurnee, seconded by Councilman Brown that the
two resolutions be continued to the June 4, 1973 meeting. Motion
carried.
3 8 4 PUBLIC HEARING 8:00 P.M. on RESOLUTION NO. 2454 (1973
Series) on the proposed annexation to the City of "Southwood
Annexation." The property owner requested that a tentative map of
Tract 485 be considered with the annexation proposal.
A. J. Shaw, Jr., City Attorney, reviewed with the City Council his
letter of April 20, 1973, regarding the ineffectiveness of City
disclaimers for water service to improve developments above eleva-
tion 460.
Mayor Schwartz declared the hearing open.
David Farmer, attorney
development plans were
Drive, which was below
placed behind the prop,
a suggested wording to
would protect the City
for Dan Oxford, developer, stated that the
to take City water from meters on Southwood
elevation 460, with individual pumps to be
arty line to serve each lot., He submitted
be placed on the subdivision map which
from possible liability for future water service.
A. J. Shaw, Jr., City Attorney, again explained that it was his
opinion that the addition of a disclaimer would not permit the City to
avoid its obligations as a water purveyor to serve water customers.
Once the development had been completed, property owner and citizen
would look to the City for adequate water service. David Farmer -
stated that he disagreed with Mr. Shaw's opinion, as it was his
feeling that the City's responsibility was only to supply water to
the City meter in the public right of way.
Dan Oxford.,_developer, stated that in the preparation of the tentative
map, he tried to develop home sites with the least amount of cut and
filling in order not to affect the environment of the surrounding
property.
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City Council Minutes
May 7, 1973
Page 7
Leonard Langer, engineer for Leonard Blaser, who owned property north-
westerly of the Oxford development asked the City Council to require
Dan Oxford to develop Sequoia Drive to the edge of his property so as
not to landlock the Blaser parcel.
Al Blochman, Cal Poly instructor, stated that he was in support of the
proposed subdivision as he felt there was a dire need for development
of single family lots in the City, and hoped that the City Council would
approve the development.
Pat Gerety, Associate Planner, presented for the Council's consideration
the conditions established by the Planning Commission for the approval
of the tentative map of Tract 485:
Developer shall provide utility easements in accordance
with the requirements of the utility companies, this
includes street lighting.
2. The developer shall be assessed $1.00 per lineal ft.
of street frontage for the purpose of street tree
planting.
3. Developer shall pay a fee equivalent to the fair
market value of .1 acres of land within the sub-
division for future park development.
4. Homes I thru 10 shall be served by a 3 ft. walkway
from Southwood Drive.
5. Fire hydrant shall be relocated opposite Lot 5.
6. Lot lines shall be adjusted to more closely approximate
80 ft. width.
7. Developer shall provide a drainage control on Sequoia
subject to the approval of the City Engineer.
8. Drainage shall be taken underground between Lots 7 and
8 discharging down Southwood Drive.
9. Developer shall make a firm diversion control above
Lot 12.
10. Alley shall be unnamed.
II. Reimbursement to Ann Arbor Estates in accordance with
the conditions of the Municipal Code, shall be made by
the developer.
12.. The alley and Sequoia and Edgewood Streets extended
shall be enlarged to 30 ft. width.
13. The developer shall pay water acreage fees in the amount
of $730 per gross acre exclusive of the street area.
14. The final map shall include a statement in a form
approved by the City Attorney and accepted by the City
Council, providing notification that periods of low
water pressure will be experienced, that private pumps
will be required and that the City will not operate
or maintain the private pumps.
15. Plans for a typical pump installation which limits
surges to 20 psi shall be submitted and approved prior
to acceptance of the final map.
City Council Minutes
May 7, 1973
Page 8
The City Council asked R. A. Paul what the City's experience had been
with serving -individual lots by a private water pump. Mr. Paul indicated
to his knowledge the number of problems reported to the City was limited
and private pump owners recognized a responsibility for repair and
maintenance of private pump facilities.
Councilman Brown stated he felt that if the City had not had any poor 1
experience with individual pumps he felt he would go along with this
development with a private water system.
Councilman Graham felt that he would rather see the development with one
pump and one tank to serve the eleven lots than retain an individual
pump on each lot.
Councilman Gurnee felt that the City Council should give serious consider-
ation to allowing City water to serve properties above elevation 460.
He felt that the City Council was opening themselves to criticism and
setting a precedent by allowing development over this elevation. He
felt that the City Council should not allow development with City water
over this height.
Councilman Norris felt that as long as the pressure pumps were on private
property, there would be no responsibility to the City to care for them
after installation.
Mayor Schwartz stated that the City Council should allow the development
of this tract with private pumps, with full knowledge that sometime in
the future the-City might be faced with an outlay of funds to correct
inadequate water supply.'
Councilman Gurnee again stated that he was opposed to the granting of
water over the 460 foot elevation.
Mayor Schwartz stated he felt this was a marginal parcel of land, the
proposed development was good use of the land, and he felt that the
individual use of water pumps was a good solution to a difficult
problem. He felt he could support the development and annexation.
On motion of Councilman Brown, seconded by Councilman Norris, a two -
part motion was introduced as follows:
(1) The tentative map for Tract 435 be approved with
conditions as established by the Planning Commission,
with an additional condition that curb, gutter and
sidewalks be installed on the east side of Sequoia
Street; and
(2) The following Resolution be adopted: RESOLUTION
NO. 2463 (1973 Series), A Resolution of the Council
of the City of San Luis Obispo approving the annexa-
tion to said City.of territory designated as "Southwood
Annexation" (Oxford).
The motion carried on the following roll call vote:
AYES: Councilmen Brown and Norris and Mayor Schwartz
NOES: Councilmen Graham and Gurnee
ABSENT: None
City Council Minutes
May 7, 1973
Page 9
5. At this time, the City Council held a public hearing on the
appeal of Marvin Jones, et al,.to a requirement of.the Planning Commission
that the Texaco Service Station at N3 Santa Rosa Street retain the planter
at the southeast corner of the station site.
Pat Gerety, Planning Associate, presented a petition that had been given
to the Planning Commission asking that the planter.be removed to make
easier access to businesses adjacent to the service station site. The
matter was referred by the Planning Commission to the Traffic Committee
which recommended that the planter not be removed but that it be modified
for easier access, that the Planning Commission felt that the planter
was needed to direct traffic in and throughout the development.
Mayor Schwartz declared the hearing open.
Marvin Jones, tenant of the shopping center, urged that the planter be
removed because it caused confusion and traffic problems within the
parking lot.
Leo Cuellar, Manager of Speedy Burger, asked that the planter be taken
out as it hurt-his business.
H. Iketa, Engineer for Texaco, explained the position of the Texaco Oil
Company in that they hoped the planter would be removed as their tank
trucks and trailer could.not move within the station but rather must
move back on Foothill Boulevard in order to leave the station.
Jack Farris, contractor, urged that the planter be removed for easier
access to the shopping center.
Martin Polin, property owner, urged the removal of the service station
planter in its. entirety as he felt it was a hazard to the motorists and
also hurt business in the small shopping center.
Mayor Schwartz declared the public hearing closed..
D. F. Romero, City Engineer, stated to the City Council that he had
recommended to the Planning Commission, the City Council and the Traffic
Committee that the planter be removed and, in fact, urged that it not
even be installed.
Pat Gerety, stated that Texaco Company sought the planter in its original
site location and the Planning Commission-went along as it was planned
by the company developing the station.
Councilman Gurnee stated that upon personal observation of traffic through
the station.he felt the planter should be removed.
Councilman Norris agreed that the planter should be removed in the interest
of traffic safety and ease.of.access in.and.out.of the service station.
Councilman Brown agreed with the removal of the planter for safety's sake.
Councilman Graham agreed with the removal of the planter, but he also
felt that motor vehicles should not be allowed to park in the area where
the planter was removed.
I Mayor Schwartz. agreed with the removal of the planter and also agreed
no parking should be allowed in that area.
On motion of Councilman Graham and seconded by Councilman Brown, the
City Council upheld the appeal to remove the planter and restrict all
parking in the area where the planter was removed. The motion carried.
City Council.Minutes
May 7, 1973
Page 10
6. At this time, the.City Council held a public hearing on the
appeal of Davis and King.from'ka denial of the Planning Commission of the
requested exception for sidewalk and driveway at 1677 Phillips Lane.
John King appeared before the City Council stating that he felt this
matter could be concluded without a public hearing but working through
the staff and the matter was continued.
9:50 p.m., Mayor.Schwartz called a recess..
10:00 p.m., the meeting reconvened with all Councilmen present.
7. D. F. Romero, City Engineer, presented.a resolution requiring
curb, gutter, and driveway ramp improvements on Serrano Drive in the City
of San Luis Obispo, prior to the reconstruction of the street. Mr. Romero
explained the scope of work.to be done, and the limits of the work.
After discussion, on motion of Councilman Graham, seconded by Councilman
Gurnee, the following resolution was introduced: RESOLUTION NO. 2460,
a Resclution.Requiring Curb, Gutter and Driveway Ramp Improvements on
Portions of Serrano Drive in the City of San Luis Obispo.
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris, and
Mayor Schwartz
NOES: None
ABSENT: None
8. a 8 b Communication from Model Linen Supply protesting a high water
bill of $1,807.86 for the period August 23, 1972 to October 14, 1972.
Model Linen Supply claims this was higher than any.other bill they had
ever received and they could not understand how this much water could
have come through the meter and into the plant without flooding their
property.
Glen Gipson, Secretary - Controller of Model Linen Supply, reviewed one
year's water bills with the City Council stating that the water bill in
question was completely out of line and asked the.City Council to reduce
the bills to an average of a two -month bill over a period of.one year.
R. A. Paul, Director of Water Service, stated that the meter readings for
the Model Linen Supply for the period under discussion were re- checked
and found to be in order. Then, as a further check, the meter was read
daily to see if a a trend of meter error could be detected. The meter
register was removed from the meter and was tested to observe any.abnormal
meter activity within the register drive chain. The results, the meter
read normally, therefore, he recommended no adjustment be made for the
billing August 23, 1972 to October 14, 1972.
Councilman Brown stated that with the effort made by the Water Department
in checking the meter that he was sure the meter register was operating
properly.
Councilman Graham felt that the Council should require that the meter be
read on a daily basis to see that the meter was reading satisfactorily.
Councilman Gurnee.felt that the meter was working properly and that the
City could not refund money for water that went through the meter.
Councilman Norris felt the meter proved to be okay, that"the water traversed
through the meter and did not feel any relief could be granted petitioner.
Mayor Schwartz agreed that the meter was properly checked.
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City Council Minutes
May 7, 1973
Page II
On motion of Councilman Gurnee, seconded by Councilman Brown, that the
appeal be denied and the bill be paid. Motion carried.
9. a & b Communication from D. E. Bassetti, 680 Foothill Boulevard,
requesting that the City Council forgive acreage charges for his
property in connection with the construction of a three -unit apartment
adjacent to his dwelling. He concluded he had been a water customer
for many years.to the City, this was not a new service, the property
not being subdivided but second and th.ird unit apartments were being
added for his convenience.
P. A. Paul, Water Director,.reviewed for the City Council the applicable
provisions of the Municipal Code dealing with acreage charges for property
being developed or enlarged upon.
Jack Farris, contractor for Bassetti, asked the City Council to relieve
the property owner from payment of the acreage charge on the basis that
the new triplex would use the existing water service and no additional
service was being added or needed.
Councilman Norris stated that after inspecting the property he felt
it did.not lend.itself to a practical subdivision, he did not feel that
an acreage charge was appropriate in this case.
On motion of Councilman Graham, seconded by Councilman Brown, that the
property was not subdividable at this time and that no acreage fee
was to be assessed. If the property were subdivided at a later date,
then acreage fees should be collected. Motion carried.
' 10 & II R. A. Paul reviewed for the Council's information the
results of hydrant flow tests made in the Lakewood Tract in Los Osos
Valley on April 17, 1973, and the effects of excessive consumptive
demands experienced on April 21, 1973. He felt that the water use
during the peak times brought the pressure to a dangerous level.
He recommended that the City Council notify the property owners in
the Valley area to voluntarily limit water use during periods of peak
use - -6:00 a.m. to 10:00 a.m., and 4:00 p.m. to 8:00 p.m. daily within
Los Osos Valley and Lower Higuera area. 2) He recommended that the .
City Attorney prepare for Council consideration an ordinance providing
for mandatory compliance with limitations of water use within the
moratorium area. 3) He recommended the City Council should repeal
their action of April 16, 1973 when it found that it did not intend
to cover mobile home sales lots in the moratorium restrictions in the
Valley.
The City Council accepted recommendations 1) and 2) of the Water Director
and directed the City Clerk to prepare and distribute a.notice to all
water users explaining the reasons for voluntary curtailment, and that
3) be set for public hearing and that the Planning Commission be notified
of the contemplated action of the Council of repealing the action on
mobile home sales lots.
12. R. A. Paul presented for the Council's approval to advertise
' a number of privately initiated water supply improvements which would
be constructed by City administered contract in order to allow future
reimbursement to the .initial developers from subsequent developers. Each
project would be partially or totally funded from private sources.
Mori apartment development on Augusta Street, $4,500,
no City contribution.
Wheeler triplex, Church Street, $6,300, $5,300 City
contribution.
City Council Minutes
May 7, 1973
Page 12
Wheeler, Macmillan Road, $19,750 in which $14,250 would
be City contribution.
Kamm apartment development, Peach. & Morro, $6,000, no
City contribution.
On motion of Councilman Gurnee, seconded by Councilman Brown, the City
Council accepted the recommendation of the Water Director subject to
agreements being entered into with each developer. Motion carried.
13..a & b Continued consideration by the Council of the introduction
of an ordinance amending the existing requirements for the construction
of automatic fire sprinkler systems. Communication from the Building
Contractors Association endorsing the proposed water sprinkler ordinance
revisions. -The City Council set a public hearing May 21, 1973 on the
proposed amendment to the fire sprinkler ordinance.
14. Councilman Keith Gurnee reviewed briefly his recommendation
to the City Council regarding the initiation of rezoning of th.e U Dis-
tricts in the Edna Valley area to conform to the General Plan. He
also reviewed his cost benefit check list hoping the City Council
would consider these matters in a study session. This was continued
to May 14, 1973 study session.
15. Communication from Ralph C. Day, asking that the City Council
drop the bond requirements for Tract 402, due to the moratorium on
development in the Los Osos Valley.
D. F. Romero, City Engineer, stated that the final map of Tract 402
had never been recorded and that it was over two years since approval
by the Council and that the bonds could be cancelled as it did not
appear that the subdivision was moving ahead. The matter was referred
to the City Attorney for review and report.
16. D. F. Romero, City Engineer, presented plans and specifica-
tions for the Council's consideration for street reconstruction and
resurfacing, City Plan #19 -73 (estimated cost $65,000).
Street & Limits
Phillips Lane
Toro to Johnson
Warren Way
Full.Length
Christina Way
Full Length
Cra i o Way
Patricia to Jeffrey
Nature of Proposed Work
I" Asphalt Concrete Overlay
Reconstruct with 5" deep lift
total - thickness asphalt concrete
Same as above
I" Asphalt Concrete Overlay
Cerro Romauldo I ".Asphalt Concrete Overlay
Jeffrey to Cuesta Drive
Jeffrey Drive I" Asphalt Concrete Overlay
Foothill to Cerro Romauldo
Ferrini Road I" Asphalt Concrete Overlay
N. Chorro to Cerro Romauldo
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City Council Minutes
May 7, 1973
Page 13
Felton Way 1'.' Asphalt Concrete Overlay
N. Tassajara to Cuesta
Pismo Street I" Asphalt Concrete Overlay
Johnson to S. P. Railroad
Buchon Street .I" Asphalt Concrete Overlay
Johnson to S. P. Railroad
Leff Street Reconstruct with 5" deep -lift
Santa Rosa Street to total- thickness asphalt concrete
Toro Street
Pacific Street Same as above
Johnson to Pepper
On motion of Councilman Brown, seconded by Councilman Graham, recommending
the street improvements were approved as presented. Motion carried.
17. D. F. Romero, City Engineer, requested the Council's per-
mission to hire'a consulting engineer to study the alignment of Tank
Farm Road as indicated on the General Plan to connect between Broad and
Orcutt Road due to building development of this area. The study would in-
clude a report on whether the railroad tracks should be crossed over
or under. The City.Engineer was authorized to get estimates for cost
for the engineering study as requested.
18. Request on behalf of Wheeler Construction Company, for per-
mission to build a 90 -foot retaining wall along the property line in
' the drainage ditch at 3560 Sacramento Drive. The reason for the retain-
ing wall was to allow the construction of a driveway behind the building
which is near the crest of the drainage ditch.
D. F. Romero, City Engineer, presented sketches showing retaining wall
in the drainage ditch and how much of the area was being filled, how
much of the area was being built on, and its proximity to the drainage
ditch.
Dennis Wheeler appeared before the City Council on.behalf of his proposal
to build the retaining wall in the drainage ditch, he claimed in order
to get the building on the property as required by the client he had to
build within three feet of the top of the drainage ditch, but that his
client required an additional 20 feet alongside the building for drive-
way purposes and this was the reason he was filling in a portion of the
drainage ditch.
D. F. Romero stated that this was really not much of a drainage ditch
or.a creek but more of a swale and did not see any.drainage capacity
problem being created by the encroachment into the creek.
Councilman Brown stated that this was in direct violation of the City
Council's ordinance prohibiting construction within 20 feet of creeks,
drainage ditches, etc., and felt that the construction should be stopped
and that no walls should be built on the property line which was within
the drainage area. He felt that each property owner on both sides of
the drainage ditch should share equally in the loss of property and not
just one owner.
Councilman Graham felt that the retaining wall in the creek as planned
was of no consequence as he felt the ditch handled the minor drainage
during the 1973 storm and did not feel that this was a problem.
City Council Minutes
May 7, 1973 -
Page 14
Councilman Norris stated that he felt the development was adequate
and he did not object to the construction of a retaining wall in the
drainage ditch.
Councilman Gurnee stated he was opposed to any construction in the
drainage ditch of anything that would reduce the water carrying
capacity or force water into adjoining property, he also felt these I
permits were issued in error and did not understand how this develop-
ment could have been approved even to this point.
Mayor Schwartz also stated that he was opposed to the encroachment into
the creek and also that he was opposed to the building being within
three feet of the top of the bank and further could not .understand how
any City Department could grant a building permit or use permit to
allow this building to be built within three feet of the drainage
ditch in violation of existing City ordinances. He asked that the
Administrative Officer make an investigation and report to the City
Council who and /or what basis this permit was issued.
On motion of Councilman Graham and seconded by Mayor Schwartz that the
City Council deny encroachment of the retaining wall into.the drainage
ditch. Motion lost on the following roll call vote:
AYES: Councilman Gurnee, Mayor Schwartz
NOES: Councilmen Brown, Graham and Norris
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Brown that the
matter of the encroachment into the drainage ditch be referred to the 1
Waterways Planning Board for report to the City Council. Motion carried
on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris,
. and Mayor Schwartz
NOES: None
ABSENT: None
Mayor Schwartz again instructed the Administrative Officer to investigate
how the building permit, etc., were issued for the Wheeler building.in
direct opposition to existing City Council ordinances. All Council
members were in approval of this with the exception of Councilman Norris.
19. Communication from Richard Burke requesting permission to
install a pipe culvert on lots 8 and 9, Tract 442, was referred to
the Waterways Planning Board for study and report to the City Council.
20. Communication from the City Engineer regarding Waterways
Planning Board application 016 to allow extension of a culvert adjacent
to Tract 445.at the end of Knoll Drive was referred to the Waterways
Planning Board for study and report to the City Council.
12:25 a.m., May 8, 1973, Councilman Gurnee left the meeting.
City Council Minutes
May 7, 1973
Page 15
22. Communication from Fire Ch.ief Schlobohm requesting that the
City Council adopt a resolution requiring fire hydrant installation
and distribution along both sides of major thoroughfares and listing
what he felt were the major thoroughfares in the City. On motion of
Councilman Graham, seconded by Councilman Brown, the following resolution
was introduced: RESOLUTION NO.
Council of the City of San Luis
roadways within the City limits
protection purposes and requiri
s %des thereof. This resolution
roll call vote:
2465 (1973 Series), a resolution of the
Obispo designating certain vehicular
as "Arterial Roadways" for fire
ng fire hydrant facilities on both
was passed and adopted on the following
AYES: Councilmen Brown, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
23. Memorandum from the City Attorney, A. J. Shaw, Jr., submitting
a proposed ordinance concerning location of garbage containers in new
developments.
J. Gates, Sanitarian, County Health Department, spoke in support of
the proposed ordinance and urged the City Council to adopt the ordinance
for health's sake and also so that the garbage collectors could pick
up the cans without danger of physical harm.
On motion of Councilman Graham, seconded by Councilman Brown, the following
ordinance was introduced: ORDINANCE NO. 582 (1973 Series), an ordinance
of the City of San Luis Obispo amending the Municipal Code to require
' ground level locations for garbage containers.
The Ordinance was passed to print on the following roll call vote:
AYES: Councilmen Brown, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
24. Communication from the South Central Coast Regional Coastal
Commission regarding Section 27104c which provides that urban planned
areas may be excluded from the permit requirement of the Regional
Coastline Commission was continued to the May 9, 1973 meeting.
25. Communication and resolution from the City of Half Moon Bay
requesting support of legislation for tax equalization for coastal zone
local governments was received and filed.
26. Request from the Chief Building InSDectOr regarding acceptance
or rejection of several legislative bills was continued to the May 9,
' 1973 meeting. .
27. Communication and resolution from the San Luis Obispo County
and Cities Area Planninq Coordinating Council, admonishing the Council on
Intergovernmental Relations for their action in adopting a State Policy
on Sub -State Districts and area -wide Planning Organizations, and request-
ing that the City of San Luis Obispo take similar action. This matter
was continued to the May 9, 1973 meeting.
City Council Minutes
May 7, 1973
Page 16
28. The Council adjourned to Executive Session.
29. On motion of Councilman Graham, seconded by Councilman Brown,
the meeting adjourned to 12:10 p.m., Wednesday, May 9, 1973.
I.