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HomeMy WebLinkAbout12/04/19721 1 1 City Council Minutes December 1, 1972 Page 5 M. Approve recommendation - City Engineer to prepare plans and specs. N. Approve recommendation - staff to prepare plans and specs. 0. Approve recommendation - defer action at this time. P. Approve recommendation - defer action at this time. Q. Approve recommendation - refer to master plan consultant for Sinsheimer Park. R. Continue for further discussion. S. Approve recommendation - City Attorney to implement acquisition. 3. Councilman Gurnee suggested that in view of legislative action to place environmental reports under a 120 moritorium, that the City of San Luis Obispo adopt an ordinance or resolution that the act of the legislature does not apply in the City of San Luis Obispo. Mayor Schwartz supported the request of Councilman Gurnee as he felt that the City of San Luis Obispo has adopted guidelines for submission of Environmental Impact Reports which are fair to private developers.and the City. Further, the citizens of the City have accepted the filing of an Environmental Impact Report and expect the City Council to continued to require this report on all projects - public and private. On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the following telegram be sent to our State Senator and Assemblyman - stating that the San Luis Obispo City Council had adopted sufficient guidelines on Environmental Impact Reports, therefore were opposed to 120 moritorium. Telegram to be signed by all Councilmen. Motion carried. The matter of an ordinance or resolution to continue Environmental Impact Report requirements was continued to December 4, 1972. 4. The Council adjourned to executive session. 5. On motion of Councilman Graham, seconded by Councilman Brown, the meeting was adjourned. Motion carried. APPROVED: 3 PATRICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA December 4, 1972 - 7:00 P. M. City Hall Pledge Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; '.!. Flory, Director of Parks & Recreation; R. D. Miller, Administrative Officer; R. A. Paul, Water Department Director; Don Kaye, Fire Marshal; D. F. Romero, City Engineer; A. J. Shaw, Citv Attorney; R. Young, Planning Director. 1 1 11 City Council Minutes December 4 1972 gage 2 . C -1. The City Council authorized payment of claims against the City subject to approval by the Administrative Officer. C -2. The minutes of October 24, 1972, were approved. C -3. The following contract payments and change orders were approved: R. Baker Construction Est. #2 $26,629.76 Woodbridge Street Waterline Improvement ' City Plan 31 -72 P. Burke Corporation Est. #3 $ 1,225.53 Madonna Road Widening City Plan 26 -72 (SS -173) R. Burke Corporation Ramona, Bond and Leff . Assessment District City Plan 14 -72 C. S. Construction Street Reconstruction and Resurfacing City Plan 35-72 (SS-176) Conco Engineering Municipal Parking Lot N9 Improvement City Plan 37 -72 Est. #3 $ 4,930.30 Est. #4 47467.15 Final Change Order 91 194.12 increase Est. N4 $ 1,883.25 Est. N5 9,469.07 Final Est. #1 .$ 4,453.20 C -4. The following salary step increase was approved effective December 1, 1972: ' Judy Hall - Dispatcher -Clerk From Step 4 or $618 to Step 5 or $654 C -5. The City Clerk reported the following bids were received for Street Tree Planting, Tract 400, El Camino Estates. Bids were opened December 4, 1972, at 2:00 P. M. Karleskint -Crum, Inc. $4,359.00 San Luis Obispo Dennis Landscaping 41400.00 San Luis Obispo Kar -Kee Corporation 4,400.00 San Luis Obispo G.T.S., Inc. 5,792.00 Long Beach, CA Estimate 4,600.00 The City Council accepted the low bid and awarded the contract to Karleskint- Crum, Inc. C -6. The City Engineer's staff was requested to provide James T. Fickes, ' architect, with certain specific information relative to designing an addition to the Senior Citizens' Center. C -7. The City-Council authorized a change in the agreement with Jenks e, Adamson, consultants, to cover sewerage study only.. The City.Attorney was asked to prepare a revised agreement which the Mayor would sign. C -8. The City Council approved a chance in the agreement with the State for extension of'Highland Drive whereby the City would be required to deposit funds in advance of the job Going to bid. The Mayor was authorized'tc sign the agreement. City Council Minutes December 4, 1972 Page 3 C -9. Item was dropped from the agenda. C -10. The City Council approved the recommendation of the Water Department Director that the City enaace the services of a local consulting engineer regarding relocation of the City's 24 inch water main at Brizzolara Creek,wlth money to be refunded from the State. C -11. The following claims agains the City were denied and referred to the City's insurance carrier: Joe Lindsey - Broken sewer line at 1022 Leff Street. Elizabeth Laux - Sewer damage at 517 Hathway. Catherine J. White - injuries from fall at 1493 Hiauera. C -12. The Mayor was authorized to accept and record a Grant Deed from Robert R. and Marion E. Dodd for Swazey Street widening. C -13. A notice from the State Division of Water quality Control regarding new Federal Water Pollution Control Act and funding procedures under this act, was referred tic the City Engineer for study and report. C -14. A communication from Ethan Jennings, Jr., architect, requesting the Council to look at conflicting zoning and fire code ordinances pertaining to hillside construction, was referred to the Director of Planning 8 Building for report. C -15. Communications from Lawrence Henkes, 3202 Calle Jazmin, and W. G. Sjostrom, 383 Calle Lupita, informing the City Council of problems encountered in applying for cable television service to their residences in El Camino Estates, were referred to the City Administrative Officer for report. C -16. A communication from the Director of the Water Department evaluating the proposal of Garden Homes Ltd. to join water mains in Higuera and Los Osos Valley Road and recommending that the Council ' enforce the moratorium and deny the development at this time, was received as part of the continuing study of water problems in that area. C -17. Discussion of a communication from Robert J. Rodin, biologist, regarding neglect of and damage to trees at the Hilton Hotel site was continued to December 18, 1972, for report from the Tree Committee. C -18. A request from Jerry Trussler, 3480 Broad Street, for permissionito connect to City water and sewer systems with payment deferred over a five -year period was referred to the City Attorney for investigation and report. C -19. The City Council endorsed the request of Mrs. Laverne Schneider to encourage citizens to buy living Christmas trees and donate them to the Parks Department after the holiday season. On motion of Councilman Gurnee, seconded by Councilman Brown, the consent items were approved as indicated. Motion carried. 1.. At this time the City Council considered the final map of Tract No. 429, Johnson Hiahlands. D. F. Romero, City Engineer, presented the final map of Tract No. 429, Johnson Highlands, nd stated that the final map was technically correct and he recommend6d that the City Council adopt the final map subject to the following conditions: 1) Lot area, frontage and depth exceptions are granted as required for Lots 1, 4, 10, 11, 12 and 16. 2) The power line traversing Lots 9, 10, and 11 shall be routed to the rear lot easement prior to issuance of a building permit on these parcels. 3) The developer shall pay the City the sum of $1,347.04 (1347.04 lin. ft. @ $1 /ft.) for City planting and maintenance of street trees. City Council Minutes December 4, 1972 Page 4 4) The developer shall pay the City the sum of $1,465.33 (4.8167 acres 0 $350 /acre) connection charge to the City water system in accordance with Section 74.10.5.1 of the Municipal Code. 5) It is mutually agreed t_hat.the grading permit fees.in the amount of $132 will be deposited with and treated in the same manner as normal subdivision inspection fees. On motion of Councilman Graham, seconded.by Councilman Brown, RESOLUTION NO. 2405, a resolution approving the final map of Tract.No. 429, Johnson Highlands, was introduced. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, Kenneth E. Schwartz NOES: T.-Keith Gurnee ABSENT: None 2. The City Council considered the recommendation of the Planning Commission to allow annexation of a small.parcel of land to complete Tract No. 460, Arnold Volny, developer. On motion of Councilman Graham, seconded by Councilman Brown, RESOLUTION NO. 2404, a resolution of the Council of the City of San Luis Obispo approving the annexation to said City of territory designated as "The Volny Annexation," was introduced. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 3. . At this time-the City Council considered.final passage of ORDINANCE NO. 571, an ordinance of the City of San Luis Obispo prohibiting the issuance of grading permits prior to City approval of site development plans, and repealing Municipal Code Section 8120(n). The City Council received a memorandum from the Chief Building Inspector, J. L. Kellerman, suggesting.wording changes in the ordinance. The City Council decided to continue consideration without amendments, and if at a later date difficulty arose, amendments could be introduced. Mayor Schwartz declared the public hearing open. No one appeared to comment. Mavor Schwa- rt7 declared the public hearing closed. D. F. Romero, City Engineer, again pointed out operational problems and increased development costs which.would result from the changed ordinance. On motion of Councilman Gurnee, seconded by Councilman Graham, ORDINANCE NO. 571, an ordinance of the City of San Luis Obispo prohibiting the issuance of.grading permits Prior to City approval of site development plans, and repealing Municipal Code Section.8120 (n), was introduced for final passage. Finally passed on the following roll call vote: AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth . E. Schwartz NOES: Emmons Blake ABSENT: None City Council Minutes December 4, 1972 Page 5 D. F. Romero, City Engineer, again asked the Council to determine whether stockpiling existing prior to the original grading ordinance could be continued. The Council held the matter over for discussion at the December 18 meeting. 3A. A'. -.J. Shaw, City Attorney, presented for the Council's consideration an ordinance requiring environmental impact reports for private projects. He stated this .ordinance was prepared at the request of Councilman Gurnee due to the fact that the State Legislature imposed a 120 -day moratorium on the necessity of environmental impact reports for private projects. Mayor Schwartz explained that in view of:the Legislative action that the City felt they had adopted adequate guidelines and safeguards to protect the City's environment and that as a charter city, they wished to continue the requirement even though the State had delayed enforcement. On motion of Councilman Gurnee, seconded by Councilman Blake, the following emergency ordinance was introduced and finally passed: ORDINANCE NO. 573, an ordinance of the City.of.San Luis Obispo requiring environmental impact reports for private projects. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 4. At this time the City Council held a public hearing on the appeal of Joie Scolari from a condition of a use permit granted by the Planning Commission for construction of a new Hawthorne Market on South Street. The item under appeal was the condition requiring a full sprinkler system in the store. R..Youna, Planning Director, submitted a report from the Planning Commission which stated that in order to provide adequate fire protection for the supermarket, the condition of additional fire hydrant and fire sprinkler system was added. Ethan Jennings, architect for the project, appeared before the Citv Council stating that, based on the type on construction involved, he felt no fire sprinklers were necessary for public safety. It was his opinion that if the City Water Department could not supply adequate water for fire protection and domestic services, then it should be the City's responsibility to up -grade the system and not the individual property owner's. On motion of Councilman Blake, seconded by Councilman Brown, that the City Council deny the appeal of Joie Scolari and hold to the conditions of the use permit or allow the builder to substitute materials with adequate fire retardant quality. Motion carried. 5. At this time the City Council held a public hearing on the recommendation of the Planning Commission to adopt the 1972 General Plan for the City of San Luis Obispo. Mayor Schwartz explained the purposes of the General Plan and the.fact that a General Plan was required by State law of every city in the State of California and also that State law set the requirements for the various elements contained in the plan. R. Young, Planning Director, used the General Plan map to explain the proposed General Plan as approved by the Planning Commission and changes made to the plan by the Planning Commission. O 1 1 1 City Council Minutes December 4, 1972 Pace 6 Marvin Dee, Planning Commission Chairman, reviewed the action by the Planning Commission on the General Plan and their recommendation to the. City Council. He stated the only item of real difference to the Planning Commission was whether the proposed routing of Highway 1 should be included on the General Plan or whether it should be taken off. He stated the majority felt (4 to 3) that the approved State route should be shown on the General Plan because it had been approved by the State and the various City agencies, and until another route was chosen, this was the approved route. ' Mrs. Valerie Endres, member of the Planning Commission, spoke in support of the minority view of the Planning Commission in wishing to delete the State adopted route for Highway 1 from the City's General Plan. It was her feeling and that of the other two members of the Planning Commission that the General Plan should be adopted without showing Highway 1 through Los Osos Valley. She did-.not feel that the route through the Valley was compatible with the aims and goals of the City and its General Plan. The City Clerk then entered the following letters on the Highway 1 issue to the record: Morro Bay Motel Association: supporting the freeway routing. Morro Bay City Council: supporting the freeway routing. Tina Francis, Morro Bay: opposed to the freeway through Los Osos Valley. Don Baily, Morro Bay Environmental Association: opposed to the freeway. He questioned the action of the Morro Bay Citv Council without benefit of a public hearing to determine the feelings of the citizens of Morro Bay regarding the freeway. Morro Bay Tomorrow: opposing the inclusion of the freeway in the General Plan. Citizens Advisory Committee: various recommendations regarding aspects of the General Plan other than the freeway routing. Marion Hawley: opposed to the freeway routing. Obispo Beautiful Association: opposed to the freeway. Carole A. Freeland: opposed to the freeway. ' George and Lola Maginnis: opposed to the freeway. Cal Poly A.S.I.: resolution asking that the City Council take no action on the freeway routing until the new origin and destination study being conducted by the County had been completed and a decision could be made with help from this study. Cal Poly A.S.I.: :resolution asking that the City Council include a bike path throughout the City in the General Plan and start implementation particularly on the south side of Foothill Boulevard from California Boulevard westerly. Kurt B: Kupper: opposed tc the freeway routing. Mayor Schwartz declared the public hearing open. Earl Pugh, retired Highway Patrol Officer, San Luis Obispo, spoke in support of the freeway classification for Highway 1 through Los Osos Valley as he felt the only way to save lives on the highway was on a freeway with no on -grade intersections. He felt the present route from Santa Rosa Street to Cuesta College was extremely dangerous due to the on -grade crossings. Paul Murphy, San Luis Obispo, opposed the inclusion of Route 1 on the General Plan as he felt it was incompatible with the City's aims and goals. Tony Cox, San Luis Obispo;opposed relocation of Highway 1 in Los Osos Valley. He felt it was a mistake and Highway 1 should stay on Santa Rosa Street. Ethan Jenninas, San Luis Obispo architect, spoke in support of the Los Osos Valley route as he felt this would reduce environmental impact on the city and he suggested that if the people did not wish the route to go through the canyons, then a tunnel could be made through the mountains. Dorothy P.ible, San Luis Obispo, opposed showing Route 1 on the General Plan and opposed any consideration of putting a freeway in Los Oscs Valley which she felt would be a detriment to the residents of the area. City Council Minutes December 4, 1972 Page 7 Dale C. Mitchell, Mayor of Morro Bay, slated the City Council of Morro Bay was interested in an' adequate and safe route'through the City of San Luis Obispo for people travelling to Morro Bay and the north coast. He urged that the City Council continue to show Highway 1 on the General Plan so that some highway improvements could be made in "the near future. Lynetta Crook, San Luis Obispo, submitted a petition signed by 23 residents of the City opposing the inclusion of Highway 1 in the General Plan and-al,so opposing the freeway in Los Osos Valley. Burton Hall, San Luis Obispo, opposed showing Highway 1 in the General Plan and opposed the freeway in Los Osos Valley. Ray Bracken,_ San Luis.-.Obispo, opposed construction of a freeway route through Los Osos Valley due to its effect on the environment. He urged drooping the route from the General Plan. Dr. Fitz -John Weddle, San Luis Obispo, supported the freeway route through Los Osos Valley in order to take traffic off Santa Rosa Street which he felt was extremely hazardous. Charles Dills, San Luis Obispo, opposed the freeway route through Los Osos Valley. Bruce Petroski, San Luis Obispo, opposed showing Route 1 as a freeway through Los Osos Valley. Joan Buckley, San Luis Obispo, opposed showing Highway 1 on the General Plan and suggested that further studies be made by the Division of Highways to find a route that would not affect the environment to the same extent as the proposed route. Dr. J. Mullins, San Luis Obispo, supported a route through Los Osos Valley in-.order to take traffic off Santa Rosa Street. Robert Beauchamp, San Luis Obispo, opposed the route. 1 Glen Holstein, Cal Poly Ecology Action, opposed any more freeways in San Luis Obispo and environs, most'particularly Los Osos Valley due to the possible damage to the environment. Joe Caracas felt the circulation plan shown on the General Plan was poorly drawn and contained insufficient detail foi real judgment on its effect on land use. He felt the Los Osos Valley route had been poorly planned and urged the City to adopt the General Plan without showing Highway 1 through Los Osos Valley. Carlton Winslow opposed Freeway 1 through Los Osos Valley. Steve Petracek, Cal Poly, supported showing Route 1 through Los Osos Valley in order to move through traffic off Santa Rosa Street. John Evans, Planning Commission, supported including Highway 1 in Los Osos Valley on the General Plan. Robert E. Barrows, San Luis Obispo, was opposed to all freeways but stated he would support a'route in Los Osos Valley if it did not have freeway status but was designated a scenic route to relieve traffic on Santa Rosa Street. Ken Bruce, representing Cal Poly A.S.I., reviewed the two resolutions 1 presented to the City Council by the Student Affairs Council. Joan Rich, League of Women Voters, submitted a report urging that the General Plan be adopted without showing Freeway 1 through Los Osos Valley. They asked that the City Council request the State to delete the routing from their freeway plan. John Sharp, San Luis Obispo, supported the route through Los Osos Valley and felt it should be shown on the General Plan. City-Council Minutes December 4, 1972 Page S Jim Duran,'San Luis Obispo, felt Freeway 1 should be shown on the General Plan while other routes were studied. Evelyn Sharp supported the existing route through Los Osos Valley and felt the General Plan should include the route. Ed Cairns objected to showing Route 1 on the General Plan and was opposed to the route through Los Osos Valley. George Clucas, Obispo Beautiful Association, opposed Route 1 throuah Los Osos Valley. Charles Stuart opposed a freeway through Los Osos Valley. Lee Hagen opposed Los Osos Valley for Highway 1. She felt it should be routed through the City to support the local motel and retail business. R. Dunin, Motel & Hotel Association, stated his organization was opposed to routing Hiqhway 1 through Los Osos Valley as they felt that tourist traffic should remain in the City to support local businesses. Al Bonin supported Route 1 through Los Osos Valley which he felt would serve the City best. Martin Polin supported the route through Los Osos Valley as he felt this route would not effect the environment adversely. He felt there was no better way to handle traffic from 101 to Morro Bay than through the proposed route. He urged that the routing stay on the General Plan. Mrs. Eleanor Bonin supported the Los Osos Valley route and felt the route should be shown on the General Plan. Elizabeth Web re opposed the Los Osos Valley route for Highway 1. She felt the route would ruin the valley. She felt the traffic should be kept on Santa Rosa Street and she hoped that the City Council would ask the Division of Highways to cancel the route and study a route which would be acceptable to the majority of the citizens in San Luis Obispo. She urged the City Council to drop Route 1 from the General Plan. Vic Montgomery opposed the freeway through Los Osos Valley. Homer Odom, San Luis Obispo, supported the Los Osos Valley by -pass for Route 1 in order to relieve traffic congestion within the-City. He felt something must be done to alleviate possible traffic accidents. He urged inclusion of the route in the General Plan. Everett Wendt supported the Los Osos Valley route in order to handle increased traffic using this highway. He felt it should be shown on the General Plan. Dennis Hynes opposed the Los Osos Valley route and urged that it be removed from the General Plan. Dan Stack, Morro Bay, supported the route and urged that it be shown on the.General Plan. He felt something should be done to reduce accidents on city streets for people who wished to by -pass San Luis Obispo. Neil Moses, Morro Bay, reminded the City Council that the support given to Route 1 by -pass by the Morro Bay City Council did not represent the feelings of the citizens of the community at large. He was sure if a public hearing had been held byithe Morro Bay City Council and the will of the people were represented, the Council would not support this action. Dorothy Rible, President of Santa Lucia Chapter of the Sierra Club, was opposed to the by -pass through Los Osos Valley. Mrs. Dennis Hollman was opposed to Highway 1 through Los Osos Valley and urged the City Council to remove the route from the General Plan. Mayor Schwartz declared the public hearing closed, and announced that the consideration of the General Plan would continue on Monday, December 11, 1972, at 7:30 P. M. City.Council Minutes December 4, 1972 Page 9 6A. Memorandum from the''CitW.Attorney regarding "fire flows in certain areas of the community which are zoned for densities bevond that which the water system can adequately serve was continued to December 18, 1972. 6B. Communication from Vic Mori, developer, regarding the requirement of looped water lines for new developments and appealing the requirement of extending a six-inch main on Augusta Street to connect at San Marcos Court was continued to December 18, 1972. 7. Communication from Central Coast Engineering on behalf of John Curci requesting that the City Council consider the background in their request for a grading permit which was originally made in February 1972, and grant an'exception to ordinancesenacted since that time, was continued to December 18, 1972. 8. Council consideration of recommendation from the Tree Committee regarding Johnson Avenue eucalyptus at French Hospital was continued to December 13, 1972. 9. Report from the'Director of Parks and Recreation concerning a municipal swimming pool facility and its program was continued to December 13, 1972. 10. Communication from Mrs. Anna C. Dolan regarding solicitations within the City by out -of -town groups supposedly representing charitable organizations was referred to the City Attorney for research on new State laws regarding violations before reply to Mrs. Dolan. 11. The City Council approved a salary step increase for Ronald D. Brown, Police Officer, from Step 3 or $862 to Step 4 or.$910, effective September 1, 1972. 12. The City Council adjourned to executive session at 11:40 P'. M. On motion of Councilman Blake, seconded by Councilman Brown, the City Council adjourned to 7:30 P. M., Monday, December 11, 1972. Motion carried. 1