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HomeMy WebLinkAbout05/07/19731 1 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. W 1 1 1 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. r• 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. 1 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 1 1 LJ 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.