HomeMy WebLinkAbout10/05/19761
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City Council Minutes
September 28, 1976
Page 5
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Graham and Mayor Schwartz
NOES: Councilmen Petterson and Norris
ABSENT: None
3. At this time the City Council considered a report from the Swimming
Pool Task Force including a very lengthy report and supportive letters from
a number of organizations who would use the olympic size 50 meter pool if
constructed by the City.
The primary recommendations of the Swimming Pool Task Force were
1) That the dimensions of the main pool be changed to 50 X 25 meters,
rather than 50 meters by 25 yards.
2) That the firm of Ross & Levin be retained to prepare the report and
documents necessary for the application for a Public Works grant, and
upon submission of the grant application, to begin the drawings and
specifications necessary for building the recommended complex pursuant
to the time schedule of the grant. And finally,
3) That Richard Anderson would present the Task Force recommendations in
detail.
Richard Anderson, member of the Advisory Task Force for Development of the
Swimming Pool Facility in Sinsheimer Park, submitted a lengthy report on behalf
of the Task Force reviewing the projects, the inventory of existing acquatic
facilities, the objectives and needs of the pool, the approach to acquiring
a pool, design of the pool, and project cost estimates as of June 17, 1976,
which were a grand total of $1,109,748. This included a 50 meter pool, a
wading pool, a viewing room, and a solar heating pool; all buildings, decks,
bleachers, site work etc., architect's fees and so forth.
It was moved by Mayor Schwartz, seconded by
Council accept the report of the Task Force
swimming pool program and directed the staf
in selection of an architect with the staff
see who are interested and who can meet the
Force. Motion carried.
' Roll Call
Councilmen
PRESENT
ABSENT
City Staff
Councilman Gurnee, that the City
and their recommendations on a
E to follow the Council policy
to contact local architects to
schedule presented by the Task
i Fitzpatrick, City Clerk
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 5, 1976 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Myron Graham, T. Keith Gurnee, Jesse Norris,
Steve Petterson and Mayor Kenneth Schwartz
None
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; Allen Grimes, City Attorney; Wayne Peterson, City
Engineer; Robert Mote, Utilities Engineer; Don Englert,
City Council Minutes
October 5, 1976
Page 2
Police Chief; Rob Strong, Director of Community Development;
Dave Romero, Director of Public Services
1. At this time the City Council held a public hearing on the McMillan
Sewer Assessment District.
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3140, (1976 Series),
a resolution overruling protests on Resolution No. 3024 of preliminary
determination and of intention.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Norris, Graham, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3141, a resolution
designating the City Engineer to act as Superintendent of Streets.
Passed and adopted the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Norris, Graham, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Graham, seconded by Councilman Petterson, the 1
following resolution was introduced: Resolution No. 3142; a resolution
ordering reductions of assessment in McMillan Sewer Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham,.Petterson, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3143, a resolution
adopting engineer's report, confirming assessments, and ordering work and
acquisition on the McMillan Sewer Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Petterson, seconded by Councilman Gurnee, the 1
following resolution was introduced: Resolution No. 3144, (1976 Series),
a resolution designating collection officer for the McMillan Sewer
Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
October 5, 1976
Page 3
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3145, a resolution
of Award of Contract for McMillan Sewer Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
The City Clerk reported on the following bids received for the McMillan
Special Assessment District. Engineer's estimate $46,050.00.
1) Fred Julien and Associates $36,888.01
1141 Foothill Boulevard
San Luis Obispo, CA
2) Baker Corporation 61,930.00
Post Office Box 419
Arroyo Grande, CA
2. At this time the City Council held a public hearing to hear appeals
from any person who is aggrieved by any act or determination of the Fire
Chief in connection with the Weed Abatement Program ending September 15, 1976.
The City Clerk reported that no written appeals had been received up to the
time of the meeting.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Gurnee, the City
Council certified the fact that there were no appeals to the 1975 Weed
Abatement Program.
3. At this time the City Council held a public hearing on the recom-
mendation of the Planning Commission to consider Ordinance No. 604 -A resource
deficiencies, Level I, on the following project: Building Permit request.
19 unit apartment complex, Priest, Richmond, Wolf & Rossi, applicant's
representative located at 1326 Monte Vista Street, R -3 zone.
The deficiencies consist of:
1) Water: The existing 3" main in Monte Vista Place is completely
inadequate to serve the existing fire hydrant at this location.
This is in an R -3 zone, therefore, the fire flows available should
be in the order of 3500 gpm; the presently available flow is only
400 gpm.
1) Water: Developer to construct 10" diameter water main from existing
24" main-in California to existing fire hydrant adjacent to the
site. Developer shall replace the fire hydrant with a standard fire
hydrant.
2) Sewer: Sewage from
this development will drain into a
presently
over loaded line in
Murray Street west of Casa Street;
however,
design of a relief
line is presently under way by the
City and
construction should
be completed in time to serve this
development.
The Planning Commission recommends to the City Council that the
project be
allowed to proceed subject
to the following conditions:
1) Water: Developer to construct 10" diameter water main from existing
24" main-in California to existing fire hydrant adjacent to the
site. Developer shall replace the fire hydrant with a standard fire
hydrant.
City Council Minutes
October 5, 1976
Page 4
2) Sewer: No action is required by the developer as the City shall
proceed with relief line construction.
Estimated cost is $5,000 for the water line and $1,000 for the fire hydrant.
Mayor Schwartz declared the public hearing open.
Vic Montgomery, architect representing the property owner, appeared on behalf
of the applicant to request that the building permit be approved and accept
the recommendations of the Planning Commission. He also required that the
Council not require the developer to construct a 10 ".main and replace the
fire hydrant. He also urged the Council to spread this cost to all properties
that would be effected and benefited by the improved water system.
Mayor Schwartz declared the public hearing closed.
Mayor Schwartz felt the City Council should stand by the recommendation of the
Planning Commission. Either the.developer puts in the improvements or they
should wait until the City gets around to making the required improvements.
Councilman Gurnee supported the Mayor's statement that either the developer
puts in the improvements or wait until the City gets around to making the
necessary improvements.
Councilman Norris said he would support the Planning Commission recommendation.
On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the City
Council accept the recommendations of the Planning Commission, that the devel-
oper install the 10" water main and a new fire hydrant.
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Norris, and Mayor Schwartz
NOES: Councilmen Graham and Petterson
ABSENT: None
4. At this time the City Council considered the passage of Ordinance
No. 682, (1976 Series), an ordinance of the City of San Luis Obispo adding
Chapter 4, Sections 1400 through 1404, to Article I of the Municipal Code,
entitled "Appeals Procedure."
Mayor Schwartz declared the public hearing open.
No one appeared for or against the proposed ordinance change.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Councilman Gurnee, Ordinance
No. 682 was introduced for final passage.
Passed and adopted on the following roll call vote:
AYES: 'Councilmen Petterson, Graham, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
5. At this time the City Council considered the final passage of
Ordinance No. 683, an ordinance of the City of San Luis Obispo amending
Chapter 3, Part IV of Article VIII of the San Luis Obispo Municipal Code
relating to electrical regulations.
City Council Minutes
October 5, 1976
Page 5
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposed
amendment.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Petterson, Ordinance
No. 683 was introduced for final passage.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
6. At this time the City Council considered the introduction of
Ordinance No. 684, (1976 Series), an ordinance of the City of San Luis Obispo
authorizing an amendment to the contract between the City and the Board of
Administration of the California Public Employees' Retirement System.
Introduced and passed to print on motion of Councilman Petterson, seconded
by Councilman Graham.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
7. Jerry Emery, representing S.E.D.E.S, an architectural firm designing
the Mitchell Park Playground addition, appeared before the City Council
presenting drawings, etc. and requesting Council approval to transmit the
working drawings and contract specifications to the State Department of
Parks and Recreation for review and authorization for competative bids for
construction of the project.
He stated that it looks like the estimated cost for the project as developed
with Council approval would be 14% over the approved budget.
On motion of Councilman Gurnee, seconded by Councilman Graham, the Council
accepted the plans and specifications and authorized S.E.D.E.S. to make a
presentation to the State of California for grant approval and authorized
the call for bids on the project. Motion carried.
8. Rob Strong, Director of Community Development, brought to the Council's
attention a draft for the General Plan Amendment Ordinance which should be
part of the ordinance revision program which establishes procedures for
amending the San Luis Obispo General Plan. Based on the State mandated rela-
tionship between the City's Zoning Ordinance and the General Plan, it is
important that procedures-be adopted prescribing the content and scheduling
of applications for plan amendments submitted to the Commigiity D.eyelopme,Q,t
Department.
The proposed ordinance was reviewed by the Planning Commission and forwarded
to the Council for consideration and approval. The Planning Commission
suggested no changes in the draft ordinance.
Also in July,the City Council stated their intent to establish a processing
fee for requests for General Plan amendments which are submitted to the
City for consideration. The staff has prepared a draft resolution which,
if adopted, would require a $500.00 fee for all General Plan amendment
requests and recommends that it be considered concurrent with the General
Plan Ordinance. The recommended fee is twice the cost of considering a
City Council Minutes
October 5, 1976
Page 6
zoning change alone, since proposed by a separate resolution, also attached,
that the City be responsible for initiating the rezoning of_ property con-
sistent with the approved General Plan.
It's staff's recommendation that the City Council,review the draft ordin-
ance and resolutions, and recommend their adoption.
Mayor Schwartz declared the public hearing open.
Vic Montgomery, Architect, discussed the implications of the Community
Development Department's recommended scheduling for General Plan amendments,
and also.the fee of $500 which seemed exorbitant and out of line for this
type of work.
Mayor.Schwartz declared the public hearing closed.
On motion Mayor Schwartz, seconded by Councilman Gurnee, the following
ordinance was introduced: Ordinance No. 685, (1976 Series), an Ordinance
of the City of San Luis Obispo amending the Municipal Code by adding
Chapter 6, to Article IX thereof which establishes procedures for the
amendment of the General Plan.
Passed and adopted on the following roll call vote:
AYES: Mayor.Schwartz, Councilmen Gurnee, Graham, Norris, and Petterson
NOES: None
ABSENT: None
On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the matter
of fees for General Plan amendment be continued until the 1974 General Plan
Update is approved by the City Council. Motion carried.
On motion of Mayor Schwartz, seconded.by Councilman Graham, the following.
resolution was introduced: Resolution No. 3147, (1976 Series), a resolution
of the Council of the City of San Luis Obispo establishing policy and
procedures to promote consistency between the General Plan and zoning
regulations.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Graham, Gurnee, Norris, and Petterson
NOES: None
ABSENT: None
9:00 p.m., Mayor Schwartz called a recess.
9:15 p.m., the City Council reconvened,all Councilmen present.
9. Council consideration and approval of the revised tentative map for
Tract No. 465, a portion of Val Vista Estates, 32 lots, J. Curci, applicant.
Rob Strong, Community Development Director, reviewed the hisotry to date on
the development:
After receiving and upholding an appeal on the EIR, and requiring a supplement
revising the draft EIR, the City Council accepted the final EIR, adopted the
rezoning from "U" to "R -1 ", and approved a portion of the Tentative Tract No.
465. The proposed subdivision adjoining Laguna Lake between Prefumo Creek and
the junior high school inlets;'accessible from an.extension of Laguna Lane and
including a long cul -de -sac ending at a public-park was approved as recommended.
The portion northwest of the junior high school grounds, invovling 35 lots along
an extension of Descanso Street alignment and a second lakeside cul -de -sac, was
rejected.
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City Council Minutes
October 5, 1976
Page 7
The Council implied that the denial of this portion was due, in part, to unaccept-
able design features including long, straight street, off -set intersection at
Descanso and Los Osos Valley Road, excessive grading or drainage problems, and
visual prominance and abrupt urban edge. Some of the Council seemed to desire
a planned unit development concept or optional subdivision design alternatives,
although the configuration of the property, its terrain and environs in staff
opinion, are not conducive to either.
To resolve the possible interrelations and influence of the adjoining undeveloped
Morganti property upon this portion of Tract 465, staff has prepared a prelim-
inary specific plan indicating one way the area might logically develop, consid-
ering the Council's apparent concerns, using a curvilinear street subdivision
design, open space concepts similar to those of the approved portion of Tract
465, and conventional single family lots. This schematic plan has been refined
for the portion of the Curci property which Val Vista Estates intgnds to develop
immediately. The resultant Revised Tentative Map and preliminary grading plan
generally described proposes 31 lots on Descanso extended and two cul -de -sacs.
Although involving a small portion of the Morganti property to enable proper
alignment of the Descanso intersection with Los Osos Valley Road, the design
appears to respond to the apparent concerns of staff, commission and council.
Staff considers the revision to be an improvement over the original proposal,
compatible with potential adjoining development. .
On September 21, 1976, the Planning Commission unanimously recommended this
revised tentative map of a portion of Tract No. 465 to the City Council, subject
to the seven findings and sixteen conditions itemized below.
SUGGESTED COUNCIL ACTION:
A) That the Council, after consideration of the revised tentative map of a portion
of
Tract No. 465 and the Planning Commission and staff recommendations and reports
thereon, makes the following findings:
1.
The tentative map is consistent with the General Plan.
2.
The design and improvements of the proposed subdivision are consistent with
the General Plan.
3.
The site is physically suitable for the type of development proposed.
4.
The site is physically suitable for the proposed density of development.
5.
The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6.
The design of the subdivision or the type of improvements are not likely
to cause public health problems.
7.
The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
B)
That the revised tentative map for a portion of Tract No. 465 be approved
subject to the following conditions:
1.
The subdivider shall dedicate and improve an additional 17 feet or right-
of -way on Los Osos Valley Road at Descanso (Lots 1 -3).
2.
No access to Los Osos Valley Road from Lots.1-3 shall.be permitted and shall
be so noted on the final map. .Subdivider shall install a solid wall and
landscaping across Los Osos Valley Road frontages, Lots 1 -3, acceptable to
the Architectural Review Commission, as part of required subdivision improve-
'
ments.
3.
All lakeshore lots (Lots 24 -31) shall be considered sensitive sites and
all development proposals shall.be.subject to Architectural Review Commission
approval. Such shall be noted on final map.
4.
The city shall be given a flood control and maintenance easement across
Lots 24 -31 from the lakeshore property line up to the 126 elevation.
5.
The subdivider shall install street trees acceptable to the city and
there shall be.a 10 foot street tree easement along all street frontages.
6.
The portion of the Morganti property shown as an extension of Descanso
Street shall be dedicated to the city and improved to city standards.
Sidewalks and street trees may be deferred on northwest side of Descanso
between Los Osos Valley Road and Vista Del Arroyo.
City Council Minutes
October 5, 1976
Page 8
7. The drainage swale across the Morganti property shall be indicated as an
acceptable existing point of storm drainage disposal from the northwesterly
tract boundary to its outlet at.lake, and agreement to this affect be noted
on final map.
8. All grading shall be per the city Grading Ordinance.
9. Credit for park /open space and lake dedication and /or in lieu fees shall
be determined by the City Council prior to final map approval. -'O 3..-
10. Water and sewer reimbursement and connection charges shall be paid for
Lots 1 -31 prior to final map approval.
11. The subdivider shall dedicate to the city one foot (1') reserve strip at
the northwesterly tract boundary adjacent to Descanco Street and at street
stub of Vista Del Collados and Vista Del Arroyo, to control access, accept-
able to the city engineer.
12. Drainage easement across rear of Lots 19 -21 shall be shown on final map,
width and improvement shall be acceptable to the city engineer.
13. A lot width variance is granted for Lots 9 and 10.
14. Proposed street name 'Descanso Court' shall be changed to Vista Del Brisa.
15. Final map shall note that Lot 32 is not a buildable site.
16. Subdivider shall show on final map and install curb return on northwest
corner of Descanso Street and Los Osos Valley Road.
Mayor Schwartz declared public hearing open.
Mackey W. Deasy, associate of Meyer, Merriam & Associates, representing the
developer, reviewed for the City Council the revised tentative tract map and
clarified the developer's understanding of the listed subdivision conditions.
Jack Caldwell, President of Val Vista Estates, Corp., and developer of Tract
No. 465, urged the City Council to approve the revised tentative tract map.
He felt that the developers had attempted to meet every objection of the City
Council, Planning Commission and staff.
Don Smith ECOSLO continued to object to this development as he felt th t
this tract was growth inducing and that development west of the`jun or high
property was premature. He urged that council adopt a planned development
for this tract.
Allen Settle, Chairman of the Planning Commission, stated on behalf of the
Planning Commission that the revised tentative map was a good compromise and
urged the council to approve the map and conditions.
Mayor Schwartz declared the public hearing closed.
Councilman Gurnee stated he was opposed to the development, felt it was premature,
felt there were no guidelines due to lack of an adequate. General Plan and felt
the density was to high for this sensitive area of the city. He hoped the council
would not continue this urban style development but open this area to rural style
development.
Councilman Norris stated he would support the Planning Commission and staff. He
felt this was a better plan than the first map although he had no objection to
the original tentative map. He felt the revised lot and street layout were
excellent and a fine addition to the city.
Councilman Petterson felt the revised plan was better than the original map. He
liked the intersection with Descnaso and would support the approval of the revised
tentative map as it made good use of the land.
Councilman Graham would support R -1 density, felt the new plan would make a
beautiful development, was much better than the original plan, the lot and street
layout were good, and-finally, he did not feel the development'was premature but
was needed for housing now.
Mayor Schwartz still felt that this parcel should be developed as a planned
development although he felt that the R -1 density was reasonable. He also
felt that the revised tract map was better than the original proposal and that
City Council Minutes
October 5, 1976
Page 9
the new design and layout would allow for good family living environment.
Finally, he questioned the need for so many exceptions to subdivision regula-
tions but would accept the tract map as submitted.
On motion of Mayor Schwartz, seconded by Councilman Norris, the following
resolution was introduced: Resolution No. 3148 (1977 Series), a resolution
of the Council of the City of San Luis Obispo granting tentative approval
of Tract No. 465, Val Vista Estates.
Passed and adopted on the following roll call vote:
AYES: Councilmen Norris, Graham, Petterson and Mayor Schwartz
NOES: Councilman Gurnee
ABSENT: None
10. At this time the City Council considered an appeal by John Ready of
conditions established by the staff for developing three lots in Monterey
Heights dealing with water service, fire hydrants, etc.
Rob Strong, on behalf of the City Staff, stated that the requirement of an
8" main from the existing 4" loop to the new service and hydrant laterals
at Santa Maria and Buena Vista intersection rather than 300 feet further out
on Buena Vista would be satisfactory if the Fire Marshall would consent to
this compromise so that the applicant can prepare for a new residence with
one hour fire construction throughout.
Jay R. Whisenant appeared before the City Council on behalf of John Ready's
appeal stating that the client had arranged to purchase a piece of property
in the Monterey- Heights area consisting of three lots; zoned R -1 which would
be combined into one lot with one single family residence to be constructed
and lived in by the client.
In reviewing the possible constraints concerning construction of the proposed
residence, it was determined that present fire flow and hydrant protection
was not up to City standards. Indeed, the majority of existing home sites in
the subdivision area were found to be currently substandard in this regard.
Subsequent meetings with the Planning, Engineering, and Fire Departments
resulted in the following determination to require improvements,,prior = to
construction.
1) Installation of approximately 450 feet of new 8" water line (from
the intersection of Santa Maria Avenue and Buena Vista to the curve
adjacent to the property). Estimated costs - $9,000.
2) Installation of a City standard fire hydrant at the end of the 8"
line. Estimated cost - $1500 to $2000. Total improvements costs
in the area of $10,500 to $11,000.
Whisenant on behalf of his client, asked that they be exempted from the
requirements on the following basis:
1) Improvement costs of this magnitude are clearly inequitable in the
case of a private individual attempting to construct a single family
residence for personal use.
2) The existing neighborhood is currently served with.the sub - standard
system. This main extension requirement will have little or no
' effect in_ alleviating this situation, and will serve so few properties
as to be highly inequitable-to the-one being made responsible.
Additional basis for appeal will be presented by the client.
John F. Ready appeared before the City Council asking for relief from the
conditions of the City Staff.
City Council Minutes
October 5, 1976
Page 10
1) He felt the existing provisions for water service to the site were
more than adequate. The Water Department can meter the service at
the easement.
2) The extension of an eight (8) inch main is superfluous. The entire
adjacent neighborhood is now served with four (4) inch mains. It is
doubtful that this proposed main would serve any other existing or
proposed residences.
3) The installation of fire hydrant at the proposed site would be a
waste. Such a hydrant would best be located in the vicinity of the
intersection of Buena Vista Avenue and Santa Maria Avenue where it
would serve the greatest number of residences by its central location.
If such a hydrant is important to improve fire suppression and control
in that area, then it should be installed by the City for the benefit
of existing residences and their owners. He humbly requests the
Council to reduce this requirement.
Battalion Chief, Wayne Scott, felt that the water supply to Monterey Heights
for fire protection was not very adequate and without a new water supply to
the area with larger pipes it was not going to do the area any good unless
the entire area were reviewed.
Councilman Gurnee stated he could support the appeal as only one single family
residence was being added, not a subdivision. He could support no development
costs at this time, in this magnitude, and the City should place the entire
area for consideration at budget time for water and sewer services.
On motion of Councilman Gurnee, seconded by Councilman Petterson, that the
appeal be upheld and place this item of water and sewer service in Monterey
Heights as the highest priority in the pre -42 funding to improve fire pro-
tection in the Monterey Heights area. Motion carried, all ayes.
11. Communication from Wayne Peterson, City Engineer, requesting
Council consideration of the final E.I.R. for the South Street Extension
and requesting that Council adopt alignment and direct staff to prepare a
setback line for this route. (Continued from September 20, 1976 Council
Meeting.)
Rob Strong, Community Development Director, presented the recommendations
to the Planning Commission which stated that the final E.I.R. was adequate,
has been completed in compliance with the California Environmental Quality
Act, and City and State Guidelines.
Rob Strong also presented a recommendation from the Planning Commission
listing reasons and grounds for the following:
The Planning Commission recommends to the City Council Alignment 'D" as
the most desirable for the South Street Extension, for the following
reasons:
1) It follows a lower alignment on the hill and is therefore.less
visable.
2) Grades are lower and therefore there is less noise and pollution
created by vehicles and a greater level of safety is achieved.
3) Less earth material is necessary to be moved.
4) A more direct alignment is achieved.
5) The Southern Pacific Railroad bridge is lower.
5) Direct costs for construction appear to be less.
On this basis the Planning Commission recommends that upon adoption of
this plan, that the staff be directed to prepare specific plan lines for
adoption.
Mayor Schwartz declared the public hearing open.
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City Council Minutes
October 5, 1976
Page 11
The City Clerk presented a letter received from the County Board of Super-
visors supporting the decision to extending South Street over the railroad
tracks connecting to Bishop Street. They feel this would be a great
support and help to the present County facilities on Johnson Avenue at
Bishop Street and any future development that they may decide to make there.
Mayor Schwartz declared the public hearing closed.
' On motion of Councilman Gurnee, seconded by Councilman Graham, that the
City Council accept the Environmental Impact Report for South Street
extension as prepared by Meyer, Merriam, Nishioka and Schutt, that alignment
D be accepted. Motion carried, all ayes.
12. At this time the City Council considered the proposal of R.D. Miller,
City Administrative Officer, to retain the architectural firm of John R. Ross
and Associates, Inc., doing business as Ross & Levine, Associates and
Architects, to design and prepare plans and specifications and take all the
necessary steps to help the City attain a grant from the Federal Government
from the Economic Development Administration, 1976, for the construction of
an olympic size swimming pool at Sinsheimer Park in the City of San Luis
Obispo.
R.D. Miller stated that the architect's commission for his services would
be based on 8% of stipulated sum of the construction contract in addition
to the normal 8% architect's fee. The City would pay the architect up to
$2,000 maximum for assistance in obtaining a Federal grant for the project,
and and additional amount up to $2,000 maximum for reporting services in
connection with the Federal grant if obtained; and finally if the swimming
pool project is abandoned due to lack of funds, the plans and specifications
to the point of termination become the property of the City of San Luis Obispo.
John R. Ross, architect, stated that he had read all the conditions of the
contract and that the firm was ready to proceed.
On motion of Councilman Graham, seconded by Councilman Gurnee, the following
resolution was introduced: Resolution No. 3149, (1976 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement between
the City and John R. Ross & Associates, Inc. for design of a community
swimming pool and assistance in obtaining a grant for its construction.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson, and Mayor Schwartz
NOES: None
ABSENT: None
13. Communication from Alf Starkie requesting Council approve the Minor
Subdivision No. 76 -366 with a waiver of condition number 9 to set the lot
split line.104 feet from the South property line of Parcel #1.
Rob Strong, Community Development Director, reviewed the conditions under
which the Minor Subdivision No. 76 -366 processed through the City's plan
check. He stated that the City Planning Commission at the regular meeting
of September 21, 1976 recommended the approval of the subject minor subdivision
creating two parcels from a single parcel, subject to four findings and nine
' .conditions.
He stated the property is zoned R -1 and adopted on the General Plan as high
density residential and on the recommended General Plan Revision as low
density adjacent to Felton Way and medium density adjacent to Highland Drive.
No development is proposed on Parcel 2 at this time, but staff is aware that
the applicant and the adjacent property owners would like to develop the
property as soon as possible.
City Council Minutes
October 5, 1976
Page 12
The Planning Commission recommends the approval of the minor subdivision
subject to the following four findings and nine conditions:
Findings:
1) The proposed parcel map and design are consistent with the General
Plan.
2) The site is physically suited for the proposed type and density of t
development permitted by the R -1 zone.
3) The design is not likely to cause substantial environmental damage,
or cause serious public health problems.
4) The design of the proposed subdivision will not conflict with public
easements for access through, or use of, proposed subdivision.
Conditions:
1) All new utilities shall be underground
2) Subdivider shall pay in lieu fees for park purposes.
3) Subdivider shall pay water frontage and acreage fees when Parcel 2
is developed.
4) All lot corners-shall be staked by a registered civil engineer or
licensed surveyor.
5) Street trees shall be provided on Highland Drive frontage per Public
Services Department approval.
6) Parcel 2 shall be sewered by the City sewer system. Drawings and
calculations of the method of providing service shall be submitted
to and be approved by the City Engineer prior to filing final parcel
map. If sewer pumps or easements are required, such shall be noted
on final parcel map.
7) A grading and drainage plan shall be submitted to and be approved
by the City Engineer prior to filing final parcel map.
8) Curb, gutter, sidewalk and necessary street pave -out shall be installed
on Highland Way to City standards and approval prior to recordation
of the final map.
9) Lot line between proposed parcels 1 and 2 shall be located at 128
feet from the south property line of parcel 1.
On motion of Mayor Schwartz, seconded by Councilman Petterson, the following
resolution was introduced: a Resolution No. 3150, (1976 Series), a resolu-
tion of the Council of the City of San Luis Obispo granting tentative
approval of parcel maps 76 -366, Alf_Starkie.applicant, 590 Felton Way,
subject to four findings and nine conditions.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Petterson, Graham, Gurnee, and Norris
NOES: None
ABSENT: None
14. On motion of Councilman Petterson,.seconded by Councilman Graham,
the request from the Jack House Committee that Mr. Al Ingersol be allowed
to put on a special dinner on October 9, 1976 with all funds taken in to
be donated for the construction of a gazebo and picnic tables for use at
the Jack House, were approved.
City Council Minutes
October 5, 1976
Page 13
2) The City Staff was directed to set up a special account to handle
all contributions or funds to be used for the Jack House renova-
tion.
3) E.J. Fabbri was appointed a membership to the Jack House Committee
in Lieu of Dr. Jorgensen, who resigned, and K. Von Stein was
appointed to represent the Jack family.
Motion carried, all ayes.
15. Communication from Dave Romero, Public Services Director, dealing
with some of the parking changes made by the City Council in May of 1976
in the Pacific Street area. Many of these were contested by the residents,
and the City Council has asked the staff to review the parking picture in
this area at the end of a three month period.
He recommended that the parking restrictions on Pismo Street, between Osos
and Garden Street, be rescinded as they have caused many all day parkers
to park outside the immediate area in order to save money, thus congesting
Chorro and Morro Streets, between Pismo and Buchon and Buchon between Garden
and Morro. This enchcroachment of residential areas could be relieved some -
what' if the two hour restrictions on Pismo between Osos and Garden were
removed.
He therefore recommends that the City Council rescind the order for two
hour and nightime parking restrictions on Pismo between Osos and Garden
Streets.
On motion of Councilman Gurnee, seconded by Councilman Norris, the following
resolution was introduced: Resolution No. 3151, a resolution of the Council
of the City of San Luis Obispo rescinding parking restrictions on Pismo
Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz
P%T61 *1R0§TC+M
ABSENT: None
16. At this time the City Council considered an agreement between the
firm of Arthur D. Little, Inc. and the City for the firm to conduct a
management audit of the police and fire operations at a cost of $18,900.00.
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3152, (1976 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Arthur D. Little, Inc. for professional services.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
r17. Council consideration of a Zone 9 Master Drainage Plan approval by
the Advisory Committee and referred to the Board of Supervisors was continued
to a study session of October 12, 1976 on motion of Councilman Gurnee, seconded
Councilman Graham. Motion carried, all ayes.
City Council Minutes
October 5, 1976
Page 14
18. On motion of Councilman Gurnee, seconded by Councilman Norris,
the following ordinance was introduced: Ordinance No. 686, (1976 Series),
an ordinance of the City of San Luis Obispo amending Chapter 2 of Article
V of the Municipal Code relating to Solid Waste Collection and Disposal.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Graham, Petterson, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3154, (1976 Series),
a resolution of the Council of the City of San Luis Obispo establishing
rates for solid waste disposal.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, and Mayor. Schwartz
NOES: Councilman Norris
ABSENT: None
19. Communication from Richard E. White requesting a grading permit
for stockpiling and dumping of fill dirt on property owned by Hans Mager.
The proposed grading is to consist of 300 yards fill dirt to existing fill
for construction of a new dwelling.
Wayne Peterson, City Engineer, stated that during this past month the
contractor building a home at 382 San Miguel Street has removed material
from that site to 64 Buena Vista Street. Work on San Miguel was authorized
under a grading permit and a building permit, the work Buena Vista was
not approved. Staff has stopped the work at the San Miguel site subject
to the resolution of the illegal grading thathas been done on Buena Vista.
A grading permit can be issued subject to the following conditions:
1) The grading be done under the supervision of a soils engineer and
he certify that the site is stable.
2) The completed slopes be planted in order to prevent erosion.
3) The contractor to post a $1,500.00 cash bond with the City to be
released upon satisfactory completion of the work.
On motion of Councilman Petterson, seconded by Mayor Schwartz, that the
City Council accept the appeal of the appellant subject to the following:
1) That the grading and stockpiling be done under the supervision of
a soil engineer stating that the stockpile area is stable,
2) that the completed slopes be planted in order to prevent erosion
and the soil spread,
3) and that the work be completed within 30 days after posting of a
$1,500.00 bond.
Motion carried, all ayes.
CONSENT ITEMS
C -1 On motion of Councilman Petterson, seconded Councilman Gurnee,
claims against the.City for the Month of October, 1976 were approved.
subject to the approval of the Administrative Officer. Motion carried.
City Council Minutes
October 5, 1976
Page 15
C -2 On motion of Councilman Petterson, seconded by Councilman Gurnee
the minutes of the City Council Meeting of January 19, 1976 were approved
and ordered filed. Motion carried.
C -3 On motion of Councilman Petterson, seconded by Councilman Gurnee,
the following contract payments
were approved and
ordered paid:
Conco Engineering, Inc.
Est. 411
$ 3,169.18
Wastewater Treatment Plant
C.C.O. 411
182.91
C.P. #30 -74
Est. 413 FINAL
435.59
(11/8/76)
Melcher Construction Co.
Est. 413
391.50
Prefumo Culvert Repair Etc.
C.C.O. 412
435.00
C.P. 4122 -76
Est. 414 FINAL
1,164.30
(11/8/76)
Southern Pacific Milling Co.
Est. 411
2,935.80
Street Resurfacing Project
C.P. 4114 -77
Walter Bros. Construction Co.
Est. 411
2,558.47
Parking Lot, Palm & Osos Streets
C.P. 4132 -76
Walter Bros. Construction Co.
Est. 417 FINAL
13,207.65
(11/8/76)
Johnson Avenue Widening
C.P. 412 -72, SS -161
FJ
C -4 Communication from David Romero, Public Services Director, forwarding
a schedule of the $20,000 Quarterly Program for Water Improvements Projects.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the City Council
accept the staff's recommendations for quarterly improvements and that the
staff start with Leff Street prior to number 4. Motion carried.
C -5 On motion of Councilman Petterson, seconded by Councilman Gurnee,
the request from Linnaea Phillips for Council permission to use the Mission
Plaza for Christmas in the Plaza, December 4 and 5, and to use the Murray
Adobe and closure of Broad Street between Monterey and Palm was approved,
but the City Clerk, J.H. Fitzpatrick, to handle this type of item in the
future, including street closures. Motion carried.
C -6 On motion of Councilman Norris, seconded by Councilman Petterson,
communication from the Downtown Association reestablishing their opposition
to the closure of Broad Street or the closure of any street affecting present
traffic patterns in the downtown area was ordered received and filed.
C -7 On motion of Councilman Petterson, seconded by Councilman Gurnee,
communication from the Santa Lucia Area Council of the Boy Scouts of America
requesting Council permission to hold its Annual Exposition to include a
skate board derby on Palm Street to be held November 13 at the Veterans
Building, was approved and referred to the City staff for control. Motion
carried.
C -8 On motion of Councilman Petterson, seconded by Councilman Gurnee,
the City Council approved the Conflict of Interest Codes for the following
Departments, Commissions, and Committees:
Fire Department Planning Commission
City Attorney Architectural Review Commission
Promotional Coordinating Committee
Motion carried.
C -9 Communication from Michael Krout, Attorney representing architect
William Tickell, regarding "The Friends Market" proposed structure which
has resulted in a contract dispute between Mr. Tickell and Tony Brown.
City Council Minutes
October 5, 1976
Page 16
Allen Grimes, City Attorney, stated that this problem is a contract dispute
between two private parties and that the City should not get involved
except if and when the project proceeds, they should go through the various
City departments for permits, etc.
On motion of Councilman Petterson, seconded by Councilman Gurnee, the
communications were ordered received and filed.
C -10 On motion of Councilman Petterson, seconded by Councilman Gurnee,
the Human Relations Commission Office was authorized to hire a CETA worker
as a clerk /typist receptionist on a part time basis which could become
full time on January 1, 1977. Motion carried.
C -11 On motion of Councilman Petterson, seconded by Councilman Graham,
the following resolution was introduced: Resolution No. 3155, (1976 Series),
a resolution of the Council of the City of San Luis Obispo finding and
declaring the necessity for condemnation of private property for Santa Rosa
Street widening, City of San Luis Obispo, San Luis Obipo County, California.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
C -12 On motion of Councilman Petterson, seconded by Councilman Gurnee,
the request of Thomas Baumberger to extend the final subdivision map of
Tract 533 for six months was approved. Motion carried.
C -13 At this time the City Council considered extending the water
service to the Mel Jones property for an additional period of time. Water
service outsite the City of San Luis Obispo was granted for a temporary
service and has now been in operation for over twelve months.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the
City water connection be continued for residential uses only, for humanistic
reasons only, and no further extension be made, and after one year that
some other use or supply of water must be located. Motion carried.
C -14 On motion of Councilman Petterson, seconded by Councilman Gurnee,
the statement of purposes and responsibilities of the Design Review_Board
were approved. Motion carried.
C -15 Richard D. Miller, Administrative Officer, now announced the
appointment of the following persons to City employment:
1) Gordon R. Johnson to the position of Personnel Director beginning
November 8, 1976 at Step 4 or $1,620.00 per month subject to one
year's probation.
2) Robert D. Brittain to the position of Planning Associate beginning
October 18, 1976 at Step 2 or $1248 per month subject to a one year's
probationary period.
3) H. Dieter Heinz to the temporary full -time position of Water
Laboratory Technician beginning October 18, 1976 at $5.01 per
hour.
C -16 On motion of Councilman Petterson, seconded by Councilman Gurnee,
a claim against the City by Paul A. Williams for unlawful arrest and
imprisonment, severe physical injury and injury to claimant's reputation
in the amount of $50,000 was denied and referred to the insurance carrier.
Motion carried.
1
1-1
1
City Council Minutes
October 5, 1976
Page 17
C -17 Communications from the Human Relations Commission asking Council
consideration of granting special parking spaces for the H.R.C. staff and
clients in the B.I.A. /City Parking Lot on Palm and Osos Street was referred
to the City staff for recommendation. Motion carried.
BID ITEMS
B -1 The City Clerk reported on the following bids received for UNIFORM
AND LAUNDRY SERVICE for City employees, bid opened September 29, 1976.
Red Star Industrial Service bid .95C per uniform change.
On motion of Councilman Petterson, seconded by Councilman Gurnee, the
following resolution was introduced: Resolution No. 3156, (1976 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement-between the City and Red Star Industrial Service for uniform and
laundry service.
Passed and adopted on the following roll call vote:
AYES: .Councilmen Gurnee, Petterson, Mayor Schwartz
NOES: Councilmen Graham, Norris
ABSENT: None
B -2. The City Clerk reported on the following bids for 1000 G.P.M. TRIPLE
COMBINATION PUMPING FIRE ENGINE, bids opened Wednesday, September 28, 1976
at 2-00-p.m.
1) Mack Truck $67,492.15
Less Trade -in 1,492.15
$66,000.00
2) American La France $65,257.00
Less Trade -in 1,500.00
$63,757.00
3) Crown Coach $62,875.00
Less Trade -in 1,000.00
$61,875.00
4) Van Pelt $62,973.00
Less Trade -in 600.00
$60,873.00
a. If City pays for cab
and chassis on
arrival at plant,
we may deduct 12500.00
Making their bid $60,873.00
R.D. Miller recommended that the bid by P.E. Van Pelt, Inc. of $62,973.00
be accepted and that the alternate proposal of paying for the cab and
chassis on arrival at their plant also be accepted, at a'savings of $1,500.00,
making their final proposal $60,873.00 and the low bid.
On motion of Councilman Petterson, seconded by Councilman Gurnee that the
' Council accept the low bid of Van Pelt with the alternate of paying for
the cab and chassis upon arrival at their plant. Motion carried.
On motion of Councilman Petterson, seconded by Councilman Graham, the
following resolution was introduced: Resolution No. 3157, (1976 Series),
a resolution of the Council of the City of San Luis Obispo increasing
equipment replacement fund appropriations for the 1976/77 fiscal year and
authorizing an advance of funds from the equipment replacement unapropriated
fund reserve, (fire truck).
City Council Minutes
Ocotber 5, 1976
Page 18
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson Graham, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
B -3 The City Clerk reported on the following bids received for ABANDONED
VEHICLES PROGRAM, bids opened September 29, 1976 at 2:00 p.m.
1) Bill's Auto Wrecking Item 1 No charge
Highway 1, Nipomo Mesa Item 2 See attached letter.
Post Office Box 387
Oceano, CA 93445
2) Bedlo Inc. Item 1 $6.00
2045 Duncan Lane Item 2 1.50
San Luis Obispo, CA 93401
On motion of Councilman Petterson, seconded by Councilman Graham, -the
following resolution was introduced: Resolution No. 3158, a resolution of
the Council of the City of San Luis Obispo approving an agreement between
the City and Bill's Auto Wrecking for abandoned vehicle removal.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
There being no further business to come before the City Council, the meeting
adjourned to October 6, 1976, at 12:10 p.m.
.Fitzpatrick, City Clerk
C]
City Council Minutes
September 28, 1976
Page 5
Mot -ion carried on the following roll call vote:
AYES: Councilmen Gurnee, Graham and Mayor Schwartz
NOES: Councilmen Petterson and Norris
ABSENT: None
3. At this time the City Council considered a report from the Swimming
Pool Task Force including a very lengthy report and supportive letters from
a number of organizations who would use the olympic size 50 meter pool if
constructed by the City.
The primary recommendations of the Swimming Pool Task Force were
1) That the dimensions of the main pool be changed to 50 X 25 meters,
rather than 50 meters by 25 yards.
2) That the firm of Ross & Levin be retained to prepare the report and
documents necessary for the application for a Public Works grant, and
upon submission of the grant application, to begin the drawings and
specifications necessary for building the recommended complex pursuant
to the time schedule of the grant. And finally,
3) That Richard Anderson would present the Task Force recommendations in
detail.
Richard Anderson, member of the Advisory Task Force for Development of the
Swimming Pool Facility in Sinsheimer Park, submitted a lengthy report on behalf
of the Task Force reviewing the projects, the inventory of existing acquatic
facilities, the objectives and needs of the pool, the approach to acquiring
a pool, design of the pool, and project cost estimates as of June 17, 1976,
which were a grand total of $1,109,748. This included a 50 meter pool, a
wading pool, a viewing room, and a solar heating pool; all buildings, decks,
bleachers, site work etc., architect's fees and so forth.
It was moved,by Mayor Schwartz, seconded by
Council accept the report of the Task Force
swimming pool program and directed the staf
in selection of an architect with the staff
see who are interested and who can meet the
Force. Motion carried.
Councilman Gurnee, that the City
and their recommendations on a
E to follow the Council policy
to contact local architects to
schedule presented by the Task
3�M. Fitzpatrick, City Clerk
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 5, 1976 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
' Roll Call
Councilmen
PRESENT: Myron Graham, T. Keith Gurnee, Jesse Norris,
Steve Petterson and Mayor Kenneth Schwartz
ABSENT: None
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; Allen Grimes, City Attorney; Wayne Peterson, City
Engineer; Robert Mote, Utilities Engineer; Don Englert,
City Council Minutes
October 5, 1976
Page 2
Police Chief; Rob Strong, Director of Community Development;
Dave Romero, Director of Public Services
1. At this time the City Council held a public hearing on the McMillan
Sewer Assessment District.
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3140, (1976 Series),
a resolution overruling protests-on Resolution No. 3024 of preliminary
determination and of intention.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Norris, Graham, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3141, a resolution
designating the City Engineer to act as Superintendent of Streets.
Passed and adopted . the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Norris, Graham, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Graham, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3142, a resolution
ordering reductions of assessment in McMillan Sewer Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham,.Petterson, Gurnee, Norris; and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3143, a resolution
adopting engineer's report, confirming assessments, and ordering work and
acquisition on the McMillan- Sewer. Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, Norris, and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Petterson, seconded by Councilman Gurnee, the
following resolution was introduced: Resolution No. 3144, (1976 Series),
a resolution designating collection officer for the McMillan Sewer
Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee, Norris, and Mayor Schwartz
NOES: None
ABSENT: None