HomeMy WebLinkAbout11/02/19701
1
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
November 2, 1970 - 7:OO.P.M.
City Hall
Pledge
Roll Call
Present: Emmons Blake, Myron Graham, Donald Q. Miller,
Arthur F. Spring, Kenneth E. Schwartz
City Staff
Present: R. D: Young, Planning Director; J. H. Fitzpatrick,
City Clerk; R. D. Miller, Administrative Officer;
J. Stocton, Park and Recreation Supervisor;
L. Schlobohm, Fire Chief; D. Englert, Police Captain;
E. P. Thompson, Water Director; D. F. Romero, City
Engineer.
Mayor Schwartz presented to the City Council the first place Safety Award
presented by the State Compensation Insurance Fund for California Cities
with 151 -300 employees for the period July 1, 1969 through June 30, 1970,
for the least amount of lost time accidents by its employees. The Mayor
continued that this was the third time during the last four years that San
Luis Obispo had achieved this accomplishment. In addition to the framed
award, the City will ultimately realize in the neighborhood of $15,000 as
a refund from its compensation insurance payments.
The Mayor, on behalf of the City Council, thanked the department heads and
their employees for this remarkable safety record.
C -1. The City Council approved the minutes of September 21 and 28, 1970 as
corrected.
C -2. The City Council approved the following contract payments to be paid
November.15, .1970.
Burke Construction Co.
Santa Rosa St. Widening
City Plan 11 -70'
West Coast Construction
Storm Drain Imp. Project
City Plan 28 =70
C. S. Construction Co.
Street Reconstruction
and Resurfacing
City Plans 8 -71, 9 -71, & 10 -71
C. S. Construction Co.
Los Osos Valley Rd. &
Perfumo Cyn.Rd.Paving
City Plan 2 -71
C. S. Construction Co.
Los Osos Valley Rd. &
Perfumo Cyn.Rd.Paving
City Plan 2 -17
C. S. Construction Co.
Street Resurfacing Project
City Plan 24 -70
J. A. O'Kelley & Son
Johnson Avenue Widening
City Plan 27 -70
Est. #1
Est. #2
Est. #1
Est. #3
Est. #4
(Final)
Est. #2
Est. #1
$ 6,660.00
$14,405.45
$ 6,387.75
$ 202.50
$ 1,811.74
$ 4,395.06
$ 7,867.17
F
City Council Minutes
November 2, 1970
Page 2
C -3. R. D. Miller, Administrative Officer, announced the appointment of
Bobby Gentry as Maintenance Man II effective November 1, 1970 at Step 1 or
$518 per month. The item was continued to executive session at the request
of Councilman Miller.
C -4. The City Council granted a twenty -five day extension of the Mission
Plaza Project to Madonna Construction to allow for repairs to lighting
fixtures damaged in shipment.
C -5. The City Council ordered the communication from San Luis Coastal
Unified School District confirming continuation of the original agreement
for operation of Nuss Pool received and filed.
C -6. The request of the Chamber of Commerce for permission to place the
Santa's House in Mission Plaza was granted.
C -7. The City Council approved the following salary step increases effective
November 1, 1970.
Charles Blackburn, Police Officer
From Step II or $706 to Step III or $746
Richard Reitz, Police Officer
From Step II of $706 to Step III or $746
On motion of Councilman Blake, seconded by Councilman Graham, the consent
items were approved as indicated. Item C -3 was continued to executive
session. MOtion carried.
1. Communication from the Design Review Board reporting that the Board had
just completed a study for providing street trees in residential neighbor-
hoods. The Committee spoke of the importance of street trees in enhancing
neighborhoods, and providing for a totally esthetic and viable community.
The Committee felt that rather than concentrating on a particular residential
area in the tree program, they should initiate a city -wide program for indi-
viduals who wish to have street trees and who would maintain them. The
Committee felt a property owner should be willing to participate in some way
since he would benefit from the street tree. The Design Review Board there-
fore recommended that the City Council set aside $3,000 in the budget for a
residential street tree program for one year with an evaluation of the pro-
gram to be made at the conclusion-of the year. As the Design Review Board
realized that additional street trees added to the work load of the staff,
it recommended that the City Council consider the addition of appropriate
City employees to properly maintain and care for the street trees.
Councilman Miller was firmly opposed to the suggested tree program: He felt
that the City should lay out a tree program on a block to block basis, hold
public hearings and, if approved by the neighborhood, proceed with the plant-
ing and maintenance until the entire City had been planted with trees.
R. D. Miller, Administrative Officer, explained the existing policy and ordi-
nance which required the subdividers to place sidewalks and trees which were
then paid for by the person buying the lot. He stated that the policy had
been in effect for a number of years and it would be quite expensive and
possibly unfair for those who had already paid for their improvements to
support the cost of additional trees.
Councilman Miller reminded the Council of a discussion during the 1970 Budget
Study when they considered a tree program in the older neighborhoods which
had deteriorated and he felt such a tree program would help up -date such a
neighborhood.
Councilman Blake felt that the Design Review Board's recommendation was in
line with the thinking of the City Tree Committee which was presently pre-
paring a new street tree ordinance for Council consideration. He suggested
that the Design Review Board letter be referred to the Tree Committee for
inclusion in the new street tree ordinance.
1
1
1
City Council Minutes
November 2, 1970
Page 3
Mayor Schwartz felt that the public experience with the downtown tree planting
was good and the downtown area was used by all people of San Luis Obispo. He
felt the Design Review Board's recommendation would come closer to completing
the entire City with adequate street trees.
On motion of Councilman Miller, seconded by Councilman Blake, that the Design
Review Board's recommendation for a residential street tree program be refer-
red to the Street Tree Committee. Motion carried.
2. Arthur Colwell, 129 Chorro Street, appeared before the City.Council
objecting to the storage of dirt by Davis and King Construction on Chorro
Street adjacent to 129 Chorro Street. He stated that the owners had continued
to stockpile dirt on this lot with no particular plan and that the piles were
extending onto the sidewalks. He continued that over the months the piles had
grown larger and he urged the Council to have the property cleared and brought
back to its original state. He stated he had lived in his neighborhood a great
number of years and while the traffic was heavy on Chorro Street, he normally
had a nece view at his home but with the dirt storage piles, it had become
intolerable.
Mrs. Joyce Campbell. 173 Chorro, presented a petition signed by ten (10)
property owners adjacent to and across from the dirt storage area urging the
Council to have the piles of dirt removed and brought to a decent level as it
was unpleasant to look out of your house and see the dirt piles.
Bob Barrows, 870 Meinecke Street, stated he agreed with the comments of the
citizens of the neighborhood. He also urged the Council to have this lot
cleared and restrain the owners from pushing the dirt into the creek for the
protection of the creek.
D. F. Romero, City Engineer, explained that Mr. King had come before the .
Council on April 6, 1970 to request permission to allow the stockpiled material
to remain in an uncompacted state. The Council had granted this. permission,
allowing the landscaping mounds to remain with the provision that they be kept
in a neat, presentable condition.
Mrs. Jeanne Houlis, 128 Chorro, objected to the dirt piled on the.property as
she felt it destroyed the neighborhood character and she did not.feel that
landscaping the piles of rubble would make them any more acceptable to the
neighborhood and she urged their complete removal.
Mr: A. Colwell again stated that he would continue to object to having these
dirt piles landscaped in order that they could remain. He felt they would be
compacted and removed.
Councilman Blake felt that the City Council should hear from Davis and King
and either have them apply for a building permit for this property or.a permit
to landscape the area so that the Planning Commission could determine the
proper use of the dirt mounds.
On.motion of Councilman Spring, seconded by Councilman Miller, that the dirt
be levelled to sidewalk level within thirty (30) days or the City will remove
it at the owners' expense.
Councilman Blake stated he still felt both sides of the problem should be
heard and that'no action should be taken until Davis and King had an oppor-
tunity to be heard.
Mayor Schwartz stated he felt he would support the motion as it was his opinion
that Davis and King had not complied with the Council directive of April 6, 1970
and "that no attempt had been made by the owners.to clean up the property.
Motion carried on the following roll call vote:
AYES: Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz
NOES:. Emmons Blake, Myron.Graham
ABSENT: None
It was the consensus of the Council that the lot be levelled without compaction
until construction was contemplated.
City Council Minutes
November 2, 1970
Page 4
3. Councilman Spring brought to the Counci.l's attention the possibility of
the City using low -lead or lead -free gasoline in City -owned vehicles in an
attempt to exercise leadership in fighting the pollution problem.
R. D. Miller, City Administrator, reported on some news items that he had
looked into-regarding the high cost of lead free fuels for motor. vehicles.
He felt that this might be a deterrent to the City's purchase of this type
of fuel.
J. H. Fitzpatrick, City Clerk, suggested that possibly when ordering petro-
leum products for the calendar year 1971, the City could call for alternate
bids for low -lead or lead -free gasoline.
The City Council agreed with the suggestion and asked the staff to follow
through.
4. At this time the City Council held a public hearing on the recommendation
of the Planning Commission to re -zone property bounded by San Luis ,Creek,
Johnson Avenue, Grove Street and Higuera Street from R -2, R -3 and R -4 to
R -0 and R -O -S.
Councilman Blake stated that he and his wife owned property in the area pro-
posed for r=ezbn'ing and wished to excuse himself from the meeting while the
deliberations were carried on:.
R. D. Young, Planning Director, briefed the recommendation of the Planning
Commission as follows: The rezoning was initiated by the Planning Commission
upon recommendation of the staff. The rezoning as proposed would phase out
R -3 and R -4 zoning in an orderly manner and would include a small pocket of
R -2 property. It was the opinion of the Commission that the proposed re-
zoning is in accordance with the recommendations of the General Plan. .
Mayor Schwartz declared the public hearing open.
Joe Warnagieris, property owner Pismo and Johnson Avenue, stated he felt the
rezoning of the property in this area to R -0 was long overdue but asked the
City Council to eliminated the R -O -S classification due to the few undeveloped
properties along San Luis Creek. The R -O -S classification would only 'encumber
the property and delay any possible development. He continued that the "S"
classification required so much additional engineering and planning that it
would make these extremely expensive lots almost impossible to develop. He
felt the "S" classification was too restrictive.
Mayor Schwartz declared the public hearing closed.
R. D. Young, Planning Director, explained the Planning Commission's reasons for
adding the "S" classification to properties along the creek so that the City
could control the area in and around the creek.to avoid possible drainage and
obstruction problems.
Councilman Miller Felt the "S" classification was too restrictive and left too
much interpretation up to the Planning Commission. He felt the original reason
for the "S" classification was to control development of large parcels of land
such as shopping centers, etc., and he felt the existing ordinance gave.the
City sufficient control over creek construction.
Councilman Spring agreed that the "S" was too restrictive and felt the R -0
classification was adequate protection for the development of private property.
Councilman Graham also felt the "S" was too restrictive and felt the zoning
should be R -0 for the entire area without the "S" classification as the
property owners had enough problems trying to develop their properties.
Mayor Schwartz.explained the provisions of the R -0 zone and what could be
developed under the R -0 zoning with use permits and the types of development
which required use permits. He felt that the "S" classification allowed the
Planning Commission to review proposed development in relation to other
properties in the area. He also felt control of the creek was necessary for
City growth but development should be done uniformly along the full length
of the creek and not just on a single parcel or area.
On motion of Councilman Spring, seconded by Councilman Graham, the following
0
1
IL
City Council Minutes
November 2. 1970
Page 5
ordinance was introduced. ORDINANCE NO. 504, an ordinance.amendi,ng the Official
Zone Map of the City of San Luis Obispo.-(To rezone from R =2, R -3 amd R -4 to R -0
that property approximately bounded by San Luis Creek, Johnson Avenue, Grove
Street and Higuera Street)
Passed and adopted on the following roll call vote:
AYES: Myron Graham, Donald Q. Miller, Arthur F. Spring,
Kenneth E. Schwartz
NOES: None
ABSENT: Emmons Blake
5. D. F. Romero, City Engineer, presented for the Council's consideration plans
for correction of the drainage obstruction on the Stan Cole property at 1041
Higuera. Mr. Romero explained that the construction . proposed would cost approxi-
mately $14,000 as opposed to $29,000 of the least expensive alternate presented
by Mr. Schott. He explained that this entailed some compromise in design but
that, in his opinion; would provide sufficient protection to eliminate the
debris problem which has occurred at this location in the .past.
Stan Cole appeared before the City Council stating he felt that the new proposal
cf. the City Engineer involved $1.4,000 which was twice the original estimate pre-
sented several months ago. He still felt that it was.a lot of money and while
he owned the property, the City was responsible in this matter as the City
approved the plans for the building and inspected the construction. At no time
since 1942 had the City shown any interest or worry in the creek obstruction
until the 1969 storm and now the building supports were.the culprit for.all the
damage done downstream. He suggested the City should look into its own property
such as the culverts on Higuera Street which are only 17 feet wide and a tree
could lodge there and cause flooding.. He continued that it would not be econ-
omically feasible for him to put $14,000 into this building as under today's
economy he could never come out on the rents. He felt there were many areas
in the City traversed by creeks where 'there existed a greater potential for
damage than under his building. He felt the obstructions were the City's
responsibility and not the private property owners. .If the City pursued its.
present policy, it was his feeling that the City was taking his property by
adverse condemnation without just compensation. He stated that he had tried to
sell his property but no one would buy it due to the pending action by the City
in improving the building. He concluded that he would like to cooperate with
the City if his share were reasonable.
Mayor Schwartz asked what he meant by reasonable.
Stan Cole answered that it was the amount of money it would cost him to fight
the Council in court on their directive to abate the obstruction.
Councilman_Sprinq felt the City was wrong in its method of creek obstruction
abatement as the City was doing it on a piece -meal basis rather than on a
stream basis. He stated further that there were many City owned improvements
that were obstructions to the water flow.
Councilman Blake felt the Cole problem brought to .mind the Hazard and Leitcher
problems. He felt possibly the City Council had reacted too swiftly to the
1969 rain storm and moved on a panic path to correct individual problems.
Mayor Schwartz stated that it was his understanding that the City Council after
the 1969 storms had a study made of the major channel obstructions that caused
flooding during the storm in order to recommend ways to correct the creek
channels to minimize future creek problems. They then determined to proceed
to correct the.obstructions . in.order to'avoid repeats of the 1969 flooding and
to ease City responsibility. He further felt that when the Cole building was
first built in 1942, it was probably properly done, engineered and inspected
under the conditions then existing but in.the twenty eight years since const-
ruction things had changed.,.not only building technology, but the growth of
the City.
City Council Minutes
November 2, 1970
Page 6
Councilman Spring felt that since the City issued the building permit, the
City was just as liable as the.property owner and should help correct the
obstruction problem..
D. F. Romero, City Engineer, stated the Cole property problem was not due to
hydraulic capacity but of potential blockage of the creek caused by a static
obstruction.
Councilman Blake suggested that the City might finance at 3% interest improve-
ments on the Cole property under the same conditions as the 1911 Street
Improvement Act with the same offer to be made to Leitcher and Hazard. He
felt this offer would eliminate the Cole objections.
Stan Cole stated the Blake proposal was unacceptable to him as he did not
wish to spend any money correcting the problems.
H. Johnson, City Attorney, commented that the options open to the City are:.
(1) the City does not now feel there is a serious stream obstruction; (2) the
City does not feel it is the property owner's sole responsibility to correct
the problem; or (3) the City believes:it is the full responsibility of.the
properrty owner to correct the problem. He then explained again .the City's
responsibility and Liability after making public notice of the obstruction.
The Council and City staff. discussed alternate methods of protecting the Cole
property from causing a stream obstruction such as installation of defl:e&J:on
equipment on the pillar in the center of the creek.
Stan Cole suggested that.the City and the County should form a flood control
district to clear up the matter of the stream obstructions from the head
waters of San Luis Creek to the ocean.
Councilman Miller did not feel that the flood control district was the answer
for this .problem as Stan Cole had. purchased the property with full knowledge
of its potential use including the fact that the building was built over an
active stream. He felt Stan Cole should pay to solve his own problem and
not expect the taxpayers to pick up his share of the.tab and bail him out.
Stan Cole again stated very clearly that he would not proceed with any im-
provements of the property or the stream bed at his expense.
Mayor Schwartz felt.the options available to the Council.were (1) eliminate.
this property from the list of stream hazards; (2) City pay for a portion of
the cost to clear the stream; (3) require the property owner to pay for stream
improvements.
D..F. Romero, City Engineer, presented plans of proposed improvements to the
stream bed under the Cole building.
Councilman Spring felt that the City should either forget the.whole matter of
stream obstructions or go on a joint program with Stan Cole and the other.
property owners.
Stan Cole again made a plea for the'City to improve the drainage channels in
the City which were inadequate due to the tremendous growth of the City which
had created a need for additional.blacktopped parking lots, etc. which
strained the capacity of the drainage channels.
Councilman Graham suggested that a Council committee be appointed to meet with
the City Engineer and Stan Cole.to see if a compromise arrangement could be
worked out.
On motion of Councilman Miller, seconded. by Councilman Graham, that the Mayor
appoint a committee to work out a compromise to improve the drainage obstruc-
tion with the City Attorney and City Engineer. Motion.carri.ed..
The Mayor appointed himself and Councilman Blake as the Council committee.
City Council Minutes
November 2, 1970
Page 7
6. D. F. Romero, City Engineer, presented for the Council's consideration the
recommendation of the Traffic Committee for conversion.of the northerly portion
of Parking Lot #11 to all -day meters, the decision which had been continued
while the Ad Hoc Parking Committee was studying the possible initiation of
attendant parking on the downtown parking lots: He recommended that the City
Council now proceed as the upper area of.this lot was lightly used and all day
parking for merchants and employees might be an asset.
On motion of Councilman Blake, seconded by Councilman Graham, that the Traffic
Committee recomendation be approved and that the City acquire the necessary
meters on an exchange basis to convert the upper portion of Lot No. 11 to all -
day parking. Motion carried.
7. Communication from the District Attorney's office requesting an inter-
pretation of the words "airport purposes" in the agreement for sale to the
County of City owned property adjacent to the County airport.
H. Johnson, City Attorney, explained he felt it was the Council's intention
that the words "airport purposes" in the agreement of sale had the broader
meaning of not only runways but also would include hangers, tie downs, gasoline
facilities and other airport related purposes:
On motion of Councilman Blake, seconded by Councilman Graham, that the City
intended the broader use of the term "airport purposes ". Motion carried.
The City Attorney was requested to convey.the Council's reaction to the
District Attorney's Office.
8. Communication from Ray Bunnell requesting Council approval to use a common
sewer lateral to serve three parcels of. land located at the end of Stafford
and Taft Streets. He stated that these parcels did not have normal access to
a City sewer main. He proposed to extend the 6-inch lateral to serve a 31 unit
apartment house and a 4 -inch branch serving a'6 -unit apartment house and a
4 -inch branch serving a 3- unit.apartment house. He continued that easements
would be granted where required for maintenance and future problems in case
of split ownership. He stated the request was being made due to a hardship
situation in that two of the properties were below the City's main and in
order to comply with the City laws, some pumps would have to be installed
which would constitute a maintenance problem.
D. F. Romero, City Engineer, explained that the plumbing code required that
each property be served by a separate connection to a City main and that he
had presented Mr. Bunnell alternates to extend a separate service to each
parcel or to reconstruct the present 6 -inch service line to City main stan-
dards and dedicate an easement to the City.
J. Kellerman, Chief Building Inspector, explained that the uniform plumbing
code required that each property be served by a City main and did not allow
the type of sewer hook -up proposed by Mr. Bunnell.
Mr. Bunnell again asked the City Council to grant an exception to the code
and let him hook all of his properties into the 6 -inch lateral.
D. F. Romero, City Engineer, stated that in order for Bunnell to have his
property comply the following would be required: (a) install separate service
to each parcel or, (b) install a manhole, replace some poorly aligned portions
of a 6 -inch in accordance with an approved City design.
Councilman Miller stated he would recommend that the sewer lateral be put in
to City standards.
J. Kellerman, Chief Building Inspector, read the appropriate code section for
the Council's information which requires separate sewer connections to the
City mains.
Councilman Blake felt the manhole and proper lines should be constructed by
Bunnell before the City accepted the property for development.
City Council Minutes
November 2, 1970
Page 8
Mayor Schwartz stated that the options open to Mr.' Bunnell were (1) to follow
the code and install the laterals as required or (2) develop a plan to provide
the 6 -inch line standard to City specifications:
On motion of Councilman Miller, seconded by Councilman Blake, that the request
be denied bu that the options open to Mr. Bunnell be worked out under the
codes. Motion carried.
9. Communication from the Downtown Association regarding.the Mission Plaza
dedication tentatively set for Nevember 22, 1970, asking City support of
the program.
It was the common consent of the Council that the City proceed to cooperate.
10. Communication from Barney Duveneck requesting.a variance for placing
curb, gutter and sidewalk improvements-for a small subdivision at Woodbridge
and Beebee Streets. The item was continued to November 16, 1970.
11. H. Johnson, City Attorney, notci.fied the City Council that the Superior
Court for the County of San Luis Obispo has issued an order denying the
petition for order of relief from requirement of filing a claim for Harold
C. Penwell, Jr. It was pointed out that this decision may be appealed.
12. Councilman Spring reported on the meeting he and Councilman Graham had
with the Christmas decorating company regarding the installation of Christmas
decorations at five entrances to the City: Marsh and Higuera Streets; Peach
and Santa Rosa Streets; Monterey and Andrews Streets; Madonna Road; and
Foothill and Santa Rosa.
It would cost $778.13 per year for three years for these decorations.•
On motion of Councilman Spring, seconded by Councilman Graham, that the City
enter into a contract for the installation of Christmas decorations at the
five intersections listed previously for $778.13 per year for three years
plus the original $750 toward the Downtown Chamber of Commerce decorations.
H. Johnson, City'Attorney, stated he had just looked at the contract from
Valley Decorators presented to the Council and that in addition to the
$778.13, there was an additional $575 each year for instaIl.ati on. . He asked
if the Council was aware of this charge.
Councilmen Spring and Graham rescinded their motion for more discussion.
Councilman Miller moved that the recommendation of the Council committee be
denied. Motion lost for lack of a second.
Councilman Graham moved that the City accept the recommendation .at . a cost of
$1,353.13 for five entrances including installation. Motion lost for Lack
of a second.
Councilman Graham moved that the City enter into a contract with Valley
Decorators to decorate the five intersections not to exceed $778.13 per year
including installation. Motion died for lack of a second.
The matter was again referred to the Council committee to investigate the
total charges for installation.
13. Mayor Schwartz brought to the Council's attention the County Development
Association Conference to be held at Cal Poly.on November 11, 1970.at.which
time each city and community in the County would present its' goals for
future development. He also announced that the County Development Association
annual dinner would be held on November 18 and•a summary of.the.conf.erence
would be presented and new officers and directors would be introduced.
14. The City Council adjourned to executive session to discuss a personnel
matter.
15. The meeting adjourned to November 4, 1970 at 8:00 P.M., Park and Recreation
Building Penthouse for a joint study session with the Park and Recreation
Commission.
APPROVED: December 21, 1970 mil` = =""-'
H. FI� RICK, CITY CLERK
1
1
1