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HomeMy WebLinkAbout12/18/1972MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA December 18, 1972 - 7:00 P. M. City Hall Pledge P.o I I Cal 1 Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee Absent: Kenneth E. Schwartz Citv Staff Present: R. D. Miller, Administrative Officer; A. J. Shaw, City Attorney; David F. Romero, City Engineer; R. A. Paul, Director of the plater Department; Ronald D. Young, Plannina Director; L. Schlobohm, Fire Chief; D. Englert, Police Captain; Lane Wilson, Park Foreman. CC =1. The City Council authorized payment of claims against the City, subject to approval of the Administrative Officer. C -2. The City Council approved minutes of November 6, 13, and 20, 1972. C -3. The City Council approved the following salary step increases, effective January I, 1973, as recommended by the respective department heads and the Administrative Officer: Clifford Chelquist - Police Officer From Step 4 or $910 to Step 5 or $960 Barry Gregory - Police Officer From Step 4 or $910 to Step 5 or $960 Jane Johansen - Stenooraoher From Step 3 or $602 to Step 4 or $636 Philip E. Leo - Maintenance Man II From Step 3 or $674 to Step 4 or $710 C -4. The Administrative Officer announced the following appointments and promotion, subject to one year's probationary period: Appointment of Rudolph Muravez as Accountant /Operations Officer in the Finance Department at Step I or $840 Per month, effective January I, 1973. Appointment of Stephen Ward, as Groundskeeper in the Park Department at Step I or $586 per month, effective January I, 1973. Promotion of Gary Grant from Police Officer to Police Sergeant at the 4th Step or $1,042 per month, effective December 16, 1972, with consideration for the 5th Step on January I, 1974. Special Item: Richard Birkett, representing the Bel Canto Singers, presented the City with a check for $913.29, representina the proceeds of several Christmas I programs a year ago. He asked that the money be used for equipment at the Meadow Park. The Council thanked the Bel Canto representatives for their donation. C -5. Discussion took place on the recommendation of the Parks 8 Recreation Commission that the grazing lease at Laguna Lake Park be extended until June, 1973, and that a new lease be put up for competitive bid at that time with the wildlife refuge area withdrawn from the lease. The Commission also asked that Mr. Madonna, the present lessee, be required to live up to the terms of the present lease by installing stiles and paying the prescribed rent retroactive to July I, 1972. Citv Council Minutes December 18, 1972 Page 2 After discussion by-Councilman Gurnee on complaints he had heard regarding over - grazina, it was decided to extend the present lease until June 30, 1973, with the Park and Recreation Commission asked to work up standards for the new lease. Motion by Councilman Gurnee, seconded by Councilman Graham, passed. C -6. Communication from Arthur Hapgood, Central California Communication Corporation, regarding recent complaints on new cable television services was received and filed. It was pointed out that the complainants had received a copy of his letter. C -7. Claims against the City from Irene McDonnel for injuries when she fell on sidewalk in 1300 block of Peach Street and from Harold Fulton for broken glasses when he walked into a hairpin sign were referred to the insurance carrier. C -8. Minutes of the Mass Transportation Committee for December 4 and 11, 1972, were received and filed. C -9. Request of'the City Attorney for permission to proceed against Smith Transportation Company and its personnel for damages to a street tree on Higuera Street was approved. C -10. Request from the State Department of Public Health for the City to file a "Statement of Enforcement" to continue necessary rabies control measures in effect was referred to the.City Clerk for the necessary filing. C -11. The contents of a memorandum from the Administrative Officer regarding the need to increase the budget to take care of previous year operational expenses at the l\luss Memorial Swim Pool were reviewed and on motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2408, a resolution increasing the 1972 -73 budget. Passed and adopted on the following roll call vote: ' AYES: Councilmen Blake, Brown, Graham, Gurnee. NOES: None ABSENT: 19ayor Schwartz C -12. Negative declaration of environmental impact from the Division of Highways for a highway improvement project to extend from Hinds Avenue in Pismo Beach to just north of the Madonna Road overcrossing was received and filed. C -13. Notice from the County Board of Supervisors that the County Library on Bishop Street was closed to the public on December 11, 1972, to facilitate movino books to the Morro Street facility was received and filed. C -14. Invitation for the City Council to participate in the Pismo Beach Clam Festival Parade in March was referred to the City Clerk to poll the Council at a later date. C -15. Minutes of the Design Review Board for its meeting of November 29, 1972, were received and filed. C -16. Request from F. L. Dir•.tes, Executive Manager of the Chamber of Commerce, .for. free parking the rest of the week before Christmas and lengthening all time limits to three hours was discussed. ' Councilman Brown said parking fees around the Courthouse should certainly not be waived. Administrative Officer Miller said free parking was extended last year during the week before Christmas but all time limits including those in the lots had been enforced. Mayor Pro -Tem Blake pointed out the negative results of extending free parking privileges during peak periods, as meters were intended as a space conservation device. Revenue to the City was not a consideration, because the City took no profit from such revenues but poured all net proceeds back into the off - street parking program. City Council Minutes December 18, 1972 Pace 3 After further discussion, it was moved b\ ' Councilman Gurnee, seconded by Mayor- Fro -Tem Blake, that the request be denied and that the City follow the normal pattern of enforcement during the week before Christmas. Motion carried by a three to one vote with Councilman Graham voting no. On motion of Councilman Graham, seconded by Councilman Brown, the consent items were approved as indicated. Motion carried. ]A. (6A from December 4 meeting) Discussion took place on the City Attorney's memorandum regarding fire flows in ce -rtain areas of the community which were zoned for densities beyond that which the water system could adequately serve. Mr. Shaw presented the following alternative courses of action: 1) Review Resolution No. 2376 to see if its provisions were valid. It might be that the Council would find that the City's fire flow requirements were "over- designed." Or possibly, densities greater than two units per lot should be exempted. 2) Adopt an ordinance requiring the payment by developers of "loop charges" similar to present front footage charges, and not allowing occupancy of developments until the City had provided the "loo b." 3) Down -zone to a safe level all property which was presently zoned beyond its ability to be provided adequate fire protection services. R. Young, Planning Director, felt a survey of existing conditions was needed. Councilman Graham suggested a study session on the matter. Councilman Gurnee favored the No. 2 alternate rather than an assessment district. City Attorney Shaw stated the main concern was the reliability factor. Mavor Pro -Tem Blake pointed up the problem of one developer being asked to pick up the entire cost for the neighborhood if the resolution were followed strictly. D. F. Romero, City Engineer, said that the complete upgrading.of the water system along the lines suggested by Mr. Paul, if financed by the City, would exhaust practically all City finances. Mayor Pro -Tem Blake had Chief Schlobohm review the fire rating aspects of the situation. He also suggested that the entire matter be held over to the January 8 study session for further discussion. The Council agreed. 1E. (7 from December 4 meeting) Letter from Robert V.1iIIIams, Central Coast Engineering, was read, asking for an exception to the Proposed grading ordinance so Mr. John Curci could proceed with his grading plan and allow the necessary subsidence to take place after the fill was placed. In answer to a question from the Administrative Officer, Mr. Romero and Mr. Young commented on the possibility of the City acquiring a portion of the Curci property for open space. Mr. Romero felt the property was really too close to the City to represent real open space. He added that in. his opinion, the water area should be acquired and .devaloped.as : a._fresh .later -_Jake -for greater of a[ 11 the citizens. Actually, the staff had not been able to come up with any J oint recommendation for acquisition of all or a portion of the Property. Councilman Gurnee felt the City should state its intentions at this time. Mayor Fro -Tem Blake asked if the matter should not be referred back to the Park: and Recreation Commission and the Planning Commission. 1 1 C City Council Minutes December 18, 1972 Paqe 4 Councilman Brown felt the Council should make a decision at this time as to what property it wished to acquire, possibly a strip around the lake. D. F. Romero, City Engineer, stated he had been prepared to issue a trading permit for some time, but he had been held up on doing so. Mr. Williams said that at this point the issuance of the grading permit should be merely a procedural decision since so much study had gone into the matter. Earlier, the Fish & Game Department had been asked for an impact statement, and no adverse effect was indicated. However, the proposed development was then caught by the Mammoth decision, then by the City's proposed grading ordinance. An environmental impact statement had been prepared and actually, there was no intent to construct buildings at this time, especially with the need to achieve compaction and the water moratorium in the area. He further suggested that the Council refer the matter of the grading permit back to the Planning Commission. A. J. Shaw, City Attorney, said we could consider a development map at this time but withhold permission to construct improvements. Mr. Henry Rible, resident of the Laguna Lake Area, appeared on behalf of Mr. Cairns of Plan Incorporated, opposing the plan. He reminded the Council they still had 1,000 signatures on file opposing the grading. He felt that the lake should be retained as a wildlife sanctuary and that open space funds were available. Councilman Gurnee said he could sympathize with the developers but he felt there was also a responsibility for local government to control this type of development and enforcement of the new ordinance would accomplish this. Mayor Pro -Tem Blake suggested that the Planning Commission be asked to act on the environmental impact report that had been prepared. After further discussion, it was moved by Councilman Brown, seconded by Councilman Gurnee, that the City Council deny the request to issue a grading ' permit now and also deny the request to grant an exception to the grading ordinance. However, the Planning Commission should be authorized to hear the impact report concerning the grading and the tentative development Dian which had been prepared by the developer. The Planning Commission would be asked to report back to the Council, the Council would then again consider whether to Grant a grading permit or to authorize an exception to the grading ordinance. Motion carried. 1D. Review of a communication from Dennis Wheeler in with the developer objected to paying the entire cost of local water improvements in connection with a triplex he proposed to build on Garden Street. He felt the proposed improvements would upgrade the entire area. R. A. Paul, Director of the 6Iater Department, stated the system in this area was approximately 45 years old and something had to be done to upgrade it. R. D. Miller, Administrative Officer, said possibly a compromise would be to have the developer extend to the nearest point of adequate service and receive some credit from the City for the existing four inch line. Mayor Pro -Tem Blake suggested this be held over until the January 8 study session and ask the staff to recommend a formula solution to the problem. The Council concurred in this suggestion. ' 113. (6B from December 4 meeting) At this time, Vic Mori mentioned his problem on Augusta Street and deplored the fact there was not enough water. Mayor Pro -Tem Blake said the City was proposing to give him the chance to rectify this situation. Mr. Mori stated he was reluctant to out a sprinkler system in his development because of the shortage of flows in the area and asked that the neighborhood be asked to share in the cost of improvements. City Council Minutes December 18, 1972 Page 5 After further discussion, it was moved b\ ' Councilman Brown, seconded by Councilman Gurnee, that items 1A to 1D be held off to the January 8, 1973, study session. Motion carried. 3. At this time the City Council held a public hearing scheduled for 8:00 P. P•1. on a list of properties lacking standard improvements where more than 50% of the block was already improved. D. F. Romero, City Engineer, suggested that File Nos. 258 to 261 be dropped as we did not have 501'0 frontage installed at this time ' There were no protests to the proposed work. After discussion Councilman Gurnee moved that the staff notify the property owners to do the appropriate work, and if they did not, to proceed by contract to have the work done under the 1911 Act. Councilman Brown seconded the motion whi.ch carried. 4. The Mayor Pro -Tem open a scheduled 8:15 Public Hearing on the appeal of the First Southern Baptist Church on a condition to a use permit requiring installation of a fire hydrant at 317 Foothill Boulevard and a condition that all setbacks be met. Mr. 'William Barnes appeared on behalf of the church to protest the hydrant requirement which he said would cost $2,100. He felt that the further development of the church would reduce the fire hazard in the neighborhood. He also objected to the setback. R. Young, Planning Director, explained that the setback was determined by ordinance and could not be appealed'to the Council. However, the church could ask the Planning Commission for a variance which was quite common. Councilman Gurnee saw no reason.to waive the hydrant requirement. Councilman Graham felt it would be a hardship on the church. Mr. Barnes said the membership of the church has already voted not to go ahead with the improvement if they had to pay for the hydrant. Mayor Pro -Tem Blake said he would be concerned with the safetv of the congregation if the hydrant were not installed. After discussion, it was moved by Councilman Gurnee, seconded by Councilman Brown, that the appeal for waiver of the hydrant charge be denied based on the health, safety and walfare aspects. Motion carried with Councilman Graham votina no. 1F. (I-tem 8 from December 4 meeting) Lane Nilson, Park Foreman, was asked to comment on the eucalyptus trees which were now judged to be planted too close to the curb on Johnson Avenue in front of French Hospital. The City Council reviewed a memorandum from Pat Geretv, Associate Planner, which indicated the City had given approval to this species at this location. After discussion, Mr. Charles French said he could move the trees back ten or twelve feet as suggested by Mr. Stockton of the Parks & Recreation Department at a cost not to exceed $300. On motion of Councilman Brown, seconded by Councilman Gurnee, that the City underwrite the cost not to exceed this fiqure ($300). Motion carried. 1F. (additional item) Mr. Romero reviewed his letter on the subject of saving a large eucalyptus tree adjacent to the sidewalk on Johnson Avenue south of Phillips Lane in connection with a current development. After exploring several alternatives including lofting of the sidewalk, narrowing of the sidewalk, etc., it was moved by 'Councilman Gurnee, seconded by Mayor Pro -Tem Blake, that the City Engineer's recommendation be accepted. Motion carried with Councilman Graham voting no. City Council Minutes December 18, 1972 Page 6 2. At this time the Council heard an appeal from Mildred I Burns from determinations made by Chief Building Inspector Kellerman on certain remodeling work done at 1730 Morro Street. Mr. Kellerman was asked to review the events leading up to the rejection of work by his office and the denial of an appeal by the Building Code Board of Appeals. In answer to Mayor pro Tem Blake's ' question, Mr. Kellerman said possibly some of the ceiling height requirements could be waived, but over all, he did not feel that renovation of the house was worth the further investment which would be required. He went over the defective conditions point -by- point. Vincent Burns, speaking on behalf of his wife, presented his family's side of the story. He said the building inspector had been negligent in not investigating the scope of the work covered by the permit. He said he only spent $688, exclusive of the electrical work, which was not much more than the $500 value indicated on the permit. Mavor pro Tem Blake asked Mr. Burns if he wished to try and bring the house up to code. In answer to a question, Mr. Kellerman said he doubted that it could be brought up to code. Mrs. Burns asked what alternatives existed. She said she dial not feel she wanted to try to bring the house up to code. Councilman Brown said he didn't think the City had much latitude. Either bring it up to code or drop it. Councilman Gurnee said that bringing the house up to code would be very expensive, especially since the structural integrity had been destroyed. Mayor pro Tem Blake indicated he had to concur with the Review Board. Councilman Graham said he felt the Burns family should have time to explore the matter. Mr. Kellerman said he felt it would take an additional $5,000 to $8,000 to fix the house up. It might run more than this if all the electrical work had to be torn out. Mr. Burns said he would proceed to find out how bad off he was. After further discussion, Councilman Gurnee moved that the denial of the appeal by the Board of Appeals be upheld, seconded by Councilman Graham, and passed. 5. Letters from Arthur and Beverly Morrow, 1685 Sydney Street, and Mrs. Sherry Kainl, 2441 Flora Street, regarding hazardous traffic conditions for school children crossing Johnson at Sydney were reviewed. Mr. Morrow also appeared to present the problem to the Council. After discussion on the need for more speed enforcement on Johnson, the possibility of more visible signs and better training for the crossing guard and so on, the Council agreed to refer the matter to the Traffic Committee for study and report back. 6. Appeal of Johnson Highlands on the denial by the Planning Commission of approval of the tentative map of Tract 445, Knoll Drive, was heard by the Council at this time. Mr. Romero said this was originally submitted as Tract 383, but that tentative map had expired. He said the subdivision ordinance provided for different size lots, depending on steepness of terrain. However, the Planning 1 Commission had denied the map because there were too many exceptions to the requirements. Mr. Romero suggested changes in the tract map which he felt would eliminate many of the original objections. Moor pro Tem Blake asked what happened to the connections with Alrita. Leonard Blaser, Developer, said he didn't own the connection. However, he felt that nis approach to the development was good, leaving the land in as natural a state as possible. Mr. Romero said lit was a question of having fewer lots with no exceptions or a greater number of lots with exceptions. Councilman Gurnee said he felt the developer was trying to get too many lots in the subdivision. Mr. Romero said one solution might be a larger bulb in the cul -de -sac. After discussion which generally favored this suggestion, Councilman Blake moved that the map be revised to include a 50 foot bulb and taken back to the Planning Commission, seconded by Councilman Graham, and passed. City Council Minutes December 18, 1972 Page 7 9. At this time the Council took up a report by the Tree Committee regarding damage to trees at the Hilton Hotel construction site. Communication from the Obispo Beautiful Association and the Sierra Club on the subject was acknowledged. Lane Wilson reviewed the history of the tree loss which was estimated at $12,649. This would cover the cost of the trees only and would not include moving or planting costs. Mayor pro Tem Blake was interested in the portion of the report which indicated that the trees had been in a declining state of health for years. Mr. Karleskint, Nurseryman, gave a report on his investigation of the tree loss. He said he did not feel the sewer line had affected the trees. However, the trees in question had suffered for many years. He then proceeded to outline the steps taken to help the trees. Mr. Lane Wilson, City Park Foreman, said that the developer had been cautioned to use professional care in protecting the trees, and there had been a lapse. Mr. McNamara spoke in rebuttal, outlining the steps he had taken. Mr. Karleskint agreed with this, stating that there were extenuating_ circumstances and that some of the trees weren't worth saving. Mayor pro Tem Blake said he had hoped to keep some of the emotion out of the current situation, but he felt that the Tree Committee report was somewhat emotional. At this time he asked the Council for comments. Councilman Graham said some money should be put up for future replacement.of the lost trees. Councilman Brown said a more practical approach would be to have replacement trees provided. He felt that the Tree Committee, Planning Commission and possibly the Council should reach agreement on a landscaping plan. Mr. McNamara said he would plant extra trees, working closely with the Tree Committee. Councilman Gurnee asked what steps had been taken to save the trees before the Tree Committee contacted the developer. Mr. McNamara explained his efforts. However, some of the trees weren't worth saving, so there wasn't too much interest. Councilman Gurnee said the City could not condone purposeful destruction nor ineptitude. He felt that, even though the damage was already done, the City should not sit idly by. He was vitally interested in a courageous approach and the replacement of the lost trees. Mavor pro Tem Blake agreed but saw some difficulty in replacing the three large trees. Various dollar figures were mentioned which, it was felt, would be needed to bring about replacement of the lost trees.. Councilman Gurnee made a motion directing the Tree Committee to wore: with the developer and Planning Staff on a landscaping plan which would completely replace the lost trees, which would assure professional care for the other trees and which would provide for removal of the three sick-pine trees. Motion was not seconded. After further discussion, Councilman Graham moved that the developer provide replacement trees valued at $10,000, exclusive of moving and planting costs, and that the professional care provisions be taken care of as well as removal of the diseased pine trees. Mayor pro Tem Blake seconded the motion which carried, Councilman Gurnee voting "No." 10. Recommendation from the Planning Commission approving abandonment of a paper street located near 2201 Rockview Place. Mr. Romero said this had been used as a driveway for years. The following resolution was intro- duced: RESOLUTION #2412 (1972 Series), a resolution of intention to abandon a portion of Rockview Place (formerly known as Yoakum Lane and County Road 271). On motion of Councilman Graham, seconded by Councilman Gurnee, this resolution was passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee & Mayor pro Tem Blake NOES: None ABSENT: Mayor Schwartz On motion of Councilman Gurnee, seconded by Councilman Brown, the meeting was adjourned until 12:00 Noon, Tuesday, December 19, 1972, to complete the agenda. APPROVED: 172PATRICK, CITY CLERK 1 1