Loading...
HomeMy WebLinkAbout12/01/19751 1 1 Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY..COUNCIL CITY OF SAN LUIS..OBISPO MONDAY,.DECEMBER 1, 1975 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL PRESENT:- .Councilmen Graham,.Gurnee, Norris., Petterson and Mayor Schwartz ABSENT: None City Staff - PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller,.Administrative Officer; Rob Strong, Director of Community Development; A.J. Shaw.,-City Attorney; D..F. Romero, Public Services Director; Wayne.Peterson, City Engineer; E.L. Rodgers, Police Chief; Wm. Flory, Parks & Recreation Director 1. The City.Council held.a public. hearing ..on.Resolution..No...2901, a resolution of the City of San.Luis.Obispo.requiring -the removal..of.certain driveway ramps:on portions of various - streets in the City of San Luis Obispo: Russell.'K. Powell,.. Director.of..Facility,.Services for the County.of San Luis Obispo.asked continuation of removal -of the.driveway ramps along Santa.Rosa Street.- and.Monterey Street-as the County of San Luis Obispo intends on repair- ing these sidewalks upon construction of new administrative facilities. Communication frnm..Cuesta Realty, stating -that they would be repairing.the curb and - gutter and removing driveway.-ramps at 1009 Monterey Street. Communication from-John Kuden stating that.they will•,be.repairing..the sidewalks at 1305 and 1319 Marsh Street. Mayor Schwartz declared the public hearing open. S.H..Swenson,.600 Marsh Street, objected.to..the proposal.- of.reducing -his driveway ramps on Marsh...Street as they.are needed..for.his business:which.is.a service station and garage. D.F. Romero,.Director.of Public. Services,.. .explained._conditions.existing on_ the. Swenson_ property: -.and.alternatives -_available to -the Swensons. .... A. Renetz ,...978 Morro Street, objected...to the closing of the entire length of:.the.driveway- ramp-on Morro Street. as he felt it would limit his tenants. -used car.operation. D.F..Romero..-Director of.Public- Services ,_explained- conditions.as they. existed at 978 Morro Street. Gene Barille,.Britsh Motors .Operator, .opposed to the closing of the ramp as.he:felt•it was .needed for.the- operation of: -,his..used.car lot. N.G. and R.H._Kraker,.641 Higuera Street, Nipomo Street side,.opposed to the proposal -as he felt.his tenant .needs all the driveway.ramps.available in order to .service his tire customers. Wayne Jones, Tire Outlet Operator, agreed -.with his..landlords.comments regarding the need.for_the.driveway ramp. Warren Sinsheimer,.Attorney for B.H.- Gibson and F. Nelson, felt that his .clients need all -of their driveways in -order to properly operate the auto business and auto storage and moving of vehicles on and:off.the lot. f, CITY COUNCIL MINUTES DECEMBER 1, 1975 PAGE-2 Mayor Schwartz..declared the..public- hearing closed. Councilman ..Norris..stated..that. the First Presbyterian Church has requested him to inform -the City Council to.continue their- consideration of the property at 995 Marsh Street as they are contemplating.some property development and would need the full driveway ramps. Councilman- Graham -suggested .at. both. sides ..of..Nipomo:_:Street...between Marsh and Higuera Streets be -red zoned. Ma or.Schwartz. agreed that all properties. -with no objections and protests proceed with improvements and review those who had appeared on behalf of their objections. Councilman..Petterson. agreed to review...those protesting and.approve the others. Councilman.Graham.agreed with a full review of those protesting and approve the other. :, a Councilman Gurnee agreed to approve:those who did not protest and that the City Council review those who had. On motion -of Mayor-.Schwartz.-seconded by. Councilman.Petterson,:the' follow -. ing resolution was introduced:-.Resolution No. 2933, a resolution of the Council of.the City of San Luis Obispo finding and determining that the public convenience and necessity:.requir&..he removal.of certain driveway ramps on portions of various- streets:in the City of San Luis Obispo. is Passed and adopted'on the following roll call vote: AYES:_ Councilmen. Gurnee , :.Graham,'..Norris,_Pettersoin 'and Mayor-Schwartz NOES: None ABSENT: None On motion..of. Mayor_ Schwartz,. seconded.. by.Councilman.:_Gurnee,...those driveways not covered._ under. Resolution .2933....be _ continued:.to - December -15, 1975 for review by the City Council. 'Motion carried. 2. The-City Council held a public. hearing _.to.ascertain_.whether.a public nuisance exists.'at 633 Woodbridge. Street, -a delapidated..culvert.on- property owned by Hazel Freitas (See Transcript dated'December 1, 1975 reported by Liza.Chapen). On motion-of-Councilman Norris,- secdnded:by Councilman Graham 'the following resolution was introduced: Resolution No. 2934,-a resolution of the Council of the City.of San. Luis - Obispo. finding..the..existence of.a. public. nuisance and ordering the abatement thereof ( Freitas culvert as 633 Woodbridge Street). Passed and.adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham; Petterson and Mayor Schwartz NOES: None ABSENT: None 3. The City Council field a public hearing on Level..I deficiency, Ordinance 604'- A.sewer.for.the. proposed Ramada Inn, 2121 Monterey Street, 113 unit motel,.Erling Edvards, applicant. :Rob Strong, - Director of Community Development;- :submitted.a recommendation. ..of .the.Planning Commission which stated.that the subject property contributed to two downstream overloaded sewer sections as follows: J 1 1 CITY COUNCIL MINUTES DECEMBER 1, 1975 PAGE 3 1. .A .1000 ft..length -of.8. inch - sewer_ line .in..Santa..Rosa - :Street. from Pismo to Pacific and -in Pismo Street- from..Santa- Rosa.to Toro Street; 2. A section of.sewer line in Marsh Street between Chorro and Garden Street. In.accordance..with..the recommendation.of..the.City's Utility Engineer, the Planning Commiss ion. resolved:.to.. recommend..that.the project be .allowed to proceed.- if..as.a. condition .of..the.permit,.the.applicant alleviates the . 1000 ft. of.deficiency sewer by paralleling it with 1000 ft. 8 inch sewer line. The Planning Commission felt the added sewage increment of- .the..proposed.development..and its direct effect on the deficient .line, warranted._the.required..public improvement at -the developer's expense.. The. Planning .Commission.felt- as..far as the sewer line in Marsh Street was concerned,.the City.Utility Engineer monitor the line and.consider_its.replacement.in his recommendation for forthcoming Capital Improvement Programs to the City. ..... Charles .Pribus,..representing.the developer-and designer.for Ramada.Inn, .stated that.7he- .developer does agree-to install the necessary sewer line as recommended by the Planning Commission. . ..Jerry Jorgensen.-San.-Luis Drive, questioned the Council.accepting the development .proposal..without.improving_ the Marsh Street sewer line. He felt that the property developer - would .. cause-overloading and.he..wondered who and when the deficiency would be corrected. Mayor Schwartz declared the public hearing closed. Councilman Petterson felt that Council should accept the recommendation of the Planning Commission and staff and accept the developers offer. Councilman.Graham agreed with the Planning Commission's recommendation and the offer of the developer. Councilman.Norris.agreed to accept the recommendation of the Planning Commission and the offer.of the developer and also urged the.staff.to continued to monitor the systems. . Mayor Schwartz agreed with the recommendation of the Planning Commission and to accept the offer.of the developer. On motion of.Councilman Gurnee; seconded.by Councilman Graham,.that if the use permit is granted, then the conditions.that the developer should install the sewer line be accepted by advancing 1000 ft: of 8 inch sewer line in Santa Rosa Street from.Pismo to Pacific and in Pismo from Santa Rosa to Toro Streets. Motion carried on the following roll call vote: AYES: Councilmen Gurnee, Graham,.Petterson,.Norris and Mayor Schwartz NOES: None ABSENT: None 4. The City Council held .a public hearing on.the.appeal of Erling 0. ' Edvards, Ramada Inn, from a decision of.the Planning Commission in requiring a full Environmental Impact Report on.the.project and requesting that the City Council order the filing of a negative declaration of the.Environmental Impact Report (See Transcript dated December 1, 1975 reported by-Liza Chapen). 5. The.City.Council held.a public-hearing to consider.extending the provisions.of..Ordinance No. 641;.an interim urgency ordinance amending the Municipal Code to.provide.additional regulation for signs as related to various land.use zones.requiring use permits.-for various.signs and ordering the study and development of new sign regulation provision for the Municipal Code. CITY COUNCIL MINUTES DECEMBER 1, 1975 PAGE 4 A.J. Shaw,.City Attorney, explained the provisions.of Government.Code 65858 dealing with emergency ordinances and.the conditions.under..which they can be adopted. Robert..St oag,.Director of Community: Development.,..reviewed.for the City Council the scheduling. and. studies .being.done.:_at..this.time on.a...revised.sign.ordinance and. also stated that .the. Planning _Commission, Design:. Review.-Board, Architecture Review Board..and -.the-staff have been.working.diligently on.this ordinance and felt that he needed an.additional.sik months to complete the new ordinance as the sign industry has not had -time to put.input. into the ordinance. Mayor.Schwartz.declared. the public hearing open. No one appeared.before the City Council.for or against the.extension. Mayor Schwartz declared the public hearing - closed. On motion of Councilman.Graham, seconded..by Councilman Gurnee, the..following ordinance was introduced: Ordinance No. 655,'an interim ordinance of the City of San Luis Obispo extending urgency"Ordinance No. 641 related to sign regulations -for an additional eighth.month period. Passed to print.on the following roll call vote AYES: Councilmen Graham, Gurnee; Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 6. The City Council considered_,the..final passage...of.Ordinance No. 654, an- ordinance amending -the official..zone.map of..the.City of San Luis Obispo to rezone.property at 1331 Archer Street and.298.Pismo.Street. Mayor Schwartz declared the public hearing open. No one appeared.before the-City Council -for or against.the_ ordinance. Mayor - Schwartz declared the public.hearing.closed. On motion..of:. Councilman... Petterson,_seconded.by.Councilman_Graham, the ordinance was finally passed on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 7.a Communication from David Thomson,.1335.Foothill Blvd., requesting City Council reconsideration of the_conditions established for.improving his property at 1345 Foothill Blvd. He felt that.the conditions established were too severe, were.in excess of what was necessary for development of the property and asked that the City Council relax...the conditions as follows: 1. He requested_ that. the..Council.allow.vehicles._to back.out ... of.the property ._..and.not require a.turn- around so.that the - vehicles would-.not have to depart in a.forward motion; 2. Requested that -the City Council remove -the 10 foot.easement.requirement for.the_installation.of..the 6.i_nch loop.line..to_serve this area.of the.City with fire protection. It.was his.opinion that the City would never complete the loop line and it would be just..a waste of'his money. CITY COUNCIL MINUTES DECEMBER 1, 1975 PAGE 5 Rob.Strong;- Director.of..Community.Development, again.reviewed..the reasoning for requesting -the -.c63iditions-for.developiient:of'...the..Tho'mson _property at 1345 Foothill..Blvd— which.were really.waivers to 6044-conditions regarding water line easement.and.an exception to..the City parking-standards prohibiting the backing out of public streets for two dwelling units -being developed. The Utility` Engineer, Fire Marshal, City. Engineer and Planning Director recommended.:the following: 1. .Against .release of -the--easement inasmuch as this is the only potential solution to.a se'rious'piiblic safety problem; 2. The City - Council authorize the staff to contact Cal Poly to obtain the ..remainder of the necessary.utility.easement; and 3. .The City Council direct staff to prepare plans and specifications for '-the construction of.loop line extension-and hydrant as a Category'V, C.I.P. 1975 water system improvement project: Dave Thomson, 1335 Foothill.Blvd.`personally'appeared before the City Council stating.that he:'felt that the only way that he could develop the property was for the City to relieve him.of the extremely expensive conditions established and he hopes that he does not have to comply with the directions; as the'job could not be handled. Councilman Petterson felt 'that' Council should'require easements for the loop system. Councilman Graham - agreed but preferred_the..cooperation and contact.with Cal Poly before.adopting or_installin'g: -the lines -.in the easement. 'Councilman Gurnee also agreed.that easements should be required for the loop system and he agrees with the staff that Mr. Thomson apply for a variance to the parking.requirements. Councilman Norris also agreed that the - extension of the loop for the waterline easement and the applicant should apply for'.a variance to the parking.requirements. Mayor Schwartz agreed that.the easement.for.waterline loop.should be .required and that the applicant should -apply for a variance.and that additional easements should'be procured from Cal Poly to complete the loop. • s. On motion..of Councilman.Gurnee,_seconded..by Councilman Petterson,'that the parking request- variance be:referred-_to.the Planning Commission for their input and also that the City request the -staff to work with Mr. Thomson and Cal. -Poly for an easement -to complete the waterline loop. Motion carried. All ayes. 9. Petition from.the.residents of Flora- Street between Laurel Lane and.Southwood Drive.urging_the.CI.ty.Council . to assure them of the Council's intent to begin procedures that.would lead to the ultimate extension of Flora- Street to- connect with-Southwood Drive. Since 1962', the propeity.owners stated they'had.been lead to believe the City intended to make Flora Street go through to Southwood Drive and on this assumption, the City allowed the development of-75 homes with only one point of access, .namely Laurel.Lane. `The'completion of Flora Street will mean the residences of'tliis area.will have less traffic'on this street and the choice of not using the - hazardous, Johnson..Avenue /Laurel.Lane intersection to.exit the area. It will also assure the residences of immediate, emergency.service access. Wayne Peterson,.City Engineer ,;.submitted - for - the.City Council's consideration three alternate - schemes for t h'e Flora Street extension from its deadend to Southwood Drive. CITY COUNCIL MINUTES DECEMBER 1, 1975 PAGE 6 Alternate.A shows the alignment to be relatively straight with an intersection at Southwood Drive directly across from Sycamore Street through the Church of the Nazarene property. Alternate B is an alignment which would bring Flora Street to an intersection with Southwood Drive approximately 140' easterly of Sycamore Drive. Alternate C is an alignment which requires property from the neighboring ' subdivision and_a reconstruction.of..curb., gutter and sidewalk and street improvement north to E1 Caserio Court. The advantage of this alignment is that it would eliminate the S curve and would allow a better vertical align- ment of the street. The staff recommends that Alternate A be chosen as the future alignment for the extension of Flora Street in that it is the most economical to build and follows the best alignment and would require the least amount of cut and fill. If the Church were to sell its lot on the easterly side of this alignment, it could be developed into four or five lots. The City Engineer also recommended that the transition in width of Southwood Drive with a 20 -foot center line to curb to 26 -foot center line to curb be made at the intersection with Flora Street. This would require the dedication of the 6 -foot strip from Flora Street westerly to where the City presently owns it. Saul Goldberg, 3220 Flora Street, thought the Council should stand by its prior committment and extend Flora Street to Southwood Drive in order to give residences another way out of the area. Don Martingale, Flora Street, urged the Council to determination to extend Flora Street to Southwood Drive as has been planned for many years by the City. Jack Gates, Laurel Lane, urged the Council to provide an alternate route from Flora Street to Laurel Lane through to Southwood.. John Smee, representing the Church of the Nazarene, submitted a petition to ' the City Council signed by_200..people opposing.the extension of Flora Street across Church property for the following reasons: 1. Proposed street extension would prevent development of the property for church use. 2. The street could be routed aross another property, a recommendation not suggested by the City's Planning staff. John Smee concluded that the Church is opposed to the proposal of the City staff and has no intention of selling or giving away any land to the City for development of a street. Walter Rice, 1638 Carla Court, urged the immediate extension of Flora Street to Southwood Drive. Reverend Rich,-Pastor of the Nazarene Church, warned the Council to be careful in making statements.to the people regarding extending Flora Street through church property as it was the church's position to use their land for church purposes and not for streets. Further, the Church has no funds to build City streets for the public. Susan J. Adams, 3183 Flora Street, petition circulator, urged the City Coucil I to make a determination as has been done over the years for the extension of Flora Street. Mayor Schwartz declared the discussion closed. D.F. Romero, Public Services Director, explained that for approximately the past 15 years it.had been the City's intention to extend Flora Street through to Southwood Drive somewhere along the routes discussed. 1 1 1 CITY.COUNCIL.MINUTES DECEMBER 1, 1975 PAGE 7 Councilman.Gurnee..stated . that.he felt that-Flora Street must.be extended to Southwood Drive.somewhere. .The..exact..location.to...be' determined by.the City. Also, the City must decide who will ... pay-for : the . land-and.-improvements. He felt that -the_Council -. should reiterate.:.its. position. -that Flora Street must be extended to-Southwood Drive some day. Councilman.Norris.. agreed -that the Council._should . agree.that Flora Street should be extended.to Southwood or.to_:Johnson Avenue and should be done very soon: CONSENT ITEMS C -1 Claims against . the .City.of•- San.Luis Obispo for the month of December -were approved subject to approval by the Administrative Officer. C -2 On motion-.of-Councilman Gurnee, seconded by Councilman Graham, the following-contract pay estimates.and change orders were approved. Motion carried. Gray Construction Co. Est.466. FINAL $.15,974.01 (1/5/76) MEADOW PARK RECREATION BLDG. C.C.O. 465 + 100.00 C.P. 4675 -1 Fred Julien. &.Associates LAGUNA.LAKE PARK DEVELOPMENT. PHASE III, C.P. 4632 -74 WATERLINE'.IMPROVEMENT C.P.425 -75 Wally.-LaFreniere Const. Co. ADMINISTRATION BLDG. ALTERATIONS— Sully Miller_Contracting.Co. RESURFACING.MUNICIPAL'PARKING LOTS, No. 4 and 6 C.P. 466 -76 Est. 464 Est. 465 FINAL Est. 463. Ext . 467 C.C.O. .#20 C.C.O. 4621 C.C.O. 4622 C.C.:O. 4623 C.C.O..4624 266.36 5,892.48 (1/5/76) 21,648.20 36,851.00 1,320.00 1,656.00 10,838.00 16,507.00 270.00 Est. 461 62846.04 Est. 462 FINAL 760.67 (1/5/76) Walter.Bros..Construction Co. Est. 463 1,832.98 CHURCH STREET:..WATERLINE ...C.C.O. 463 + 417.50 C.P. 4610 -75 Est. 464 FINAL 9,527.22 (1/5/76) Wray :Construction Co. Est. 462 45,897.34 SINSHEIMER.PARK TENNIS COURTS. PHASE I; C.P. 469 =76 C -3 On motion_of- Councilman.Gurnee,.seconded by Councilman.-Graham, the minutes-of-September 2, 1975 were approved.-as presented. Motion carried. C -4 On motion-of.-Councilman-Gurnee, seconded by Councilman Graham, the. following . resolution. was .introduced:__Resolution.No.. 2935,.- a.xesolution of -the Council of. the.. City- of..San.Luis Obispo.establishing bus.loading.zones. on Pismo Street,.Madonna Road'; Church - Street; Monterey Street, Higuera Street, Chorro.Street...and.Leff Street. Passed and adopted on the following roll..call' vote: .AYES: Councilmen Gurnee,- .Graham, Norris,..Petterson and Mayor Schwartz . NOES: None ABSENT: None CITY. .COUNCIL.MINUTES DECEMBER-1, 1975. PAGE 8 C -5 Communication - from. Andrew:; Jones ,.- Mass..Transit_Committee..to Council regarding Human- Relations.: Commission's_memo_of_11 /10/75. . On motion-of Councilman.Gurnee, seconded.by Councilman Graham, it was ordered received and filed. All ayes. C -6 . . On..motion�of_CouncilmanGurnee, seconded by Councilman-Graham, the.memo: from .:Donald- Kahn",.Chairmaa "of the Architectural Review Commission requesting approval.of brochure printing for.ARC.standards.and guidelines of approximately $750 was approved. Motion carried, all ayes. C =Z The City. Council made their-Initial review of the 1976/77 Community- Development_B1ock..Grant Pre- application.as prepared by the Community ..Development.Department: -The Block Grant is being made .for .funds - pursuant to Title .1 of the Housing.and Community.Development Act of 1974. On.motion.of.Councilman Norris, seconded by Councilman Petterson, the City Council approved the pre - application block grant and authorize the filing thereof. Motion carried.' C -8 Report from Richard Miller., Administrative Officer, recommend- ing.policy for retaining consultants.and..submission.of model contracts spelling out parameters of projects'etc..was continued .for.furthei.Council._.. study, on_ motion of Mayor Schwartz, seconded by Councilman.-Petterson. C -9 ..Communication from.Orloff Miller,.Coordinator.of.the Human Relations_Commission, to the City-Council-requesting funds.of.$377:57 for the building of access ramp for handicapped visitors to the H.R.C. office at-.979 Palm Street.. On motiori,of. Councilman.. Gurnee;.. seconded _by..Councilman..Graham,. the request .was approved_.and.the.staff was authorized -to proceed.with..construction.- C -10 Memorandum from Wayne Peterson,.City Engineer, requesting Council authority to begin._proceedings to. abate..the..rock pile - nuisance, Los Verdes Park Unit.II, if they have.not.been removed by.December_1, 1975. On- motion.of Mayor .Schwartz...seconded_by. Councilman.Petterson,.the-matter was.continued to December 15,.1975 for staff report. C -11 ._ Memorandum from.Councilman_T. Keith. Gurnee asking..Council.consid- eration..of reviewing the parking.restrictions.on Santa Rosa.Street..from Foothill Blvd..northerly to the City.limits.was.referred to the Traffic Committee for.further study. C -12 ..Conm++n+ication from. Donald. 0- 'Connor, Housing. Authority.;.. asking... Council consideration in adopting a resolution adding two tenant commissioners to the Housing Authority in'-accordance with Chapter 611 of the State Housing Act which.requires two tenants to be appointed to the Housing - Authority. On motion of Councilman Gurnee, seconded by Councilman.Graham, the.following resolution.was introduced: Resolution No. 2936, a resolution of the Council of the City of.San Luis Obispo adding.:.tko..tenant Commissioners to the Heusing Authority. Passed and adopted on the following roll. call vote: AYES:. Councilmen Gurnee.,.Graham, Norris, Petterson and Mayor Schwartz NOES: None . ABSENT: None CITY COUNCIL MINUTES DECEMBER 1, 1975 PAGE 10 On motion of Councilman Gurnee, seconded by Councilman Petterson, the low bid of Walter Bros. Const. Co. of $17,025.75 be accepted.. Motion carried. Due to the lateness of the hour, Mayor Schwartz adjourned the meeting to 12:10 p.m. Tuesday, December 2, 1975. APPROVED: July 19, 1976 . . Fitzpatrick, City Clerk 1 1 FOR MINUTES OF REGULAR CITY COUNCIL MEETING DATED DECEMBER 1, 1975, AGENDA ITEM #2 - PUBLIC HEARING OF A PUBLIC NUISANCE AT 633 WOODBRIDGE STREET, PLEASE SEE TRANSCRIPT BY JERI L. CAIN DATED SAME IN FILES. f FOR MINUTES OF REGULAR CITY COUNCIL MEETING DATED DECEMBER 1, 1975, AGENDA ITEM #3 -A - PUBLIC HEARING - RAMADA INN, PLEASE SEE TRANSCRIPT BY JERI L. CAIN DATED SAME IN FILES. 1 Y I;