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HomeMy WebLinkAbout11/01/19711 1 Pledge Roll Call Present City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA November 1, 1971 7:00 P.M. City Hall Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Present: J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; A. J. Shaw, City Attorney; D. Englert, Police Captain; R. D. Young, Planning Director. Item A. Request from Charles French, Attorney for French Hospital Corpor- ation, for Council consideration of a request to culvert a small water course located at the rear of the new French Hospital property on Johnson Avenue. Mayor Schwartz explained that in light of the new Council policy, as this item was not on the agenda, it was up to the City Council to determine whether they wished to discuss the matter. It was the unanimous decision of the Council to discuss the matter at the end of the agenda. C -1. The City Council authorized payment of claims against the City subject to the approval of the Administrative Officer. C -2. The Mayor was authorized to accept a Grant Deed from the Estate of A. L. Ferrini and Hilda E. Ferrini conveying a water line easement for Tract 405 to the City. C -3. The Mayor was authorized to accept a Grant Deed from Thomas A. DeVaul and Margaret R. DeVaul for Street Widening purposes on Serrano Drive and Luneta Drive. C -4. The City Clerk reported the following bids were received for pre - fumo Canyon Road and Los Osos Valley Road widening project, City Plan 7 -72. Bids were opened November 1, 1971 at 2:00 P. M. ENGINEERIS ESTIMATE $210862.50 C. S. Construction Co., Inc. $18,974.30 Walter Brothers Construction $200933.00 Madonna Construction Co. $21,975.00 Wesley G. Watkins $22,844.50 R. Burke Corporation $23,322.50 J. F. Sunderland $23,330.00 A. J. Diani Construction $25,067.50 Harold Peterson $25,789.00. City Council Minutes November 1, 1971 Page 2 The City Council awarded the contract to the low bidder, C. S. Construction. C -5. The City Clerk reported the following bids were received for Meadow Park Development, Phase 1, City Plan 5 -72. Bids were opened on October 29, 1971 at 2:00 P. M. ENGINEER'S ESTIMATE $48,271.55 R. Burke Corporation 42,691.20 Wesley G. Watkins 46,763.35 A. J. Diani Construction 46,895.00 J. F. Sunderland 49,155.25 0. K. Industries 49,407.75 Conco Engineering 49,496.80 Pfleider- Grimont Construction 49,809.53 Walter Brothers Construction 53,000.00 M. J. Hermreck 547179:10 Madonna Construction Co. 54,675.00 Rex W. Murphy 64,885.25 The contract was awarded to the low bidder, R. Burke Corporation. C -6. The City Council approved the following contract payments: Walter Brothers Construction Est. #2 $16,870.74 Drainage Channel Lining 8 Culvert Replacement City Plan 6 -71 0. K. Industries Est. #3 $13,122.27 Center Street Culvert City Plan 15 -71 Wesley G. Watkins Est. #3 $ 3,576.60 Sewer Siphon Project Est. #4 2,187.40 City Plan 16 -71 (Final) West Coast Construction Est. #4 $ 20452.51 Boise Cascade Sewer Est. #5 3,633.13 City Plan 18 =71 (Final) Conco Engineering- Est. #1 $ 2,610.00 Street Widening Project City Plan 24 -71 C. S. Construction Co. Est. #4 $. 4,316.95 Street Resurfacing (Final) City Plan 26 -71 The following change order was also approved: Walter Brothers Const. Drainage Channel Lining and Culvert Replacement City Plan 6 -71 C. 0. #1 $ 3,509.05 C -7. The City Council accepted the resignation of Burton M. Walter from the City Housing Authority with regret and requested the Council sub- committee to review applications for the Housing Authority. 1 J 1 City Council Minutes November 1, 1971 Page 3 C -8. The Mayor was authorized to sign an agreement with Milton E. WiIleford, C.P.A. to continue his services as the City's independent auditor for the fiscal year 1971/72.. C -9. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2240, a resolution of intention to abandon a portion:of Loomis Street. 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 C -10. The City Council received a communication from the Promotional Coordinating Committee regarding plans.for a combined City map /brochure. They asked the City Council to authorize the City Engineer to up -date the existing street map. D. F. Romero, City Engineer, explained that a considerable amount of time would be involved in drawing a single line map as requested by the . Promotional Coordinating Committee, and that it was his feeling that the Engineering Department could not do this work without delay to other projects. R. D. Young, Planning Director, stated he had a map he felt might be satis- factory. The;:City Council asked the City Engineer and Planning Director to see if they could work out a map for use by the Promotional Coordinating Committee. C -11. The City Council received a report on zoning enforcement activities of the Planning and Building Department. On motion of Councilman Gurnee, seconded by Councilman Graham, the consent items were approved as indicated. Motion carried. 1. The City Council considered the final passage of Ordinance No. 533, an ordinance defining regulations and providing for inspection of cross - connections. On motion of Councilman Blake, seconded by Councilman Brown, the following ordinance was introduced for final passage: ORDINANCE NO. 533, an ordinance defining regulations and providing for inspection of cross - connections. 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 2. At this time the.City Council held a public hearing on the final passage of Ordinance No. 531, an ordinance amending the Official Zone Map of the City of San Luis Obispo.(to rezone property located at 3290 South- wood Drive from C -N -S to PD R -2). City Council Minutes November 1, 1971 Page 4 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 Brown., seconded by Councilman Gurnee, the following I ordinance was introduced for final passage: ORDINANCE NO. 531, an ordinance amending the Official Zone Map of the City of San Luis Obispo. 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 3. At this time the City Council held a public hearing on the final passage of Ordinance No. 532, an ordinance amending the Official Zone Map of the City of San Luis Obispo (to rezone property located at 3460 and 3480 Broad Street from M -R AH to M AH). 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 Blake, seconded by Councilman Graham, the•i`fobd:owing brdinance was introduced for final passage: ORDINANCE NO. 532, an ordinance amending the Official Zone Map of the City of San Luis Obispo..:. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Mayor Kenneth E. Schwartz NOES: None ABSENT: None 4. At this time the City Council considered the final passage of Ordinance No. 534, an ordinance amending the Official Zone Map of the City of San Luis Obispo (to rezone an area bounded by Fletcher, Hasken, Blvd. del Campo and Bushnell Streets from R -1 to PD R -1). 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 Gurnee, seconded by Councilman Graham, the following ordinance was introduced for final passage: ORDINANCE NO. 534, an ordinance amending the Official Zone Map of the City of San Luis Obispo. 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 City Council Minutes November 1, 1971 . Page 5 5. At this time the City Council considered the final passage of Ordinance No. 535, an ordinance revising the enforcement provisions of the Municipal Code, amending certain code sections to conform thereto, and repealing code section 1255. On motion of Councilman Graham, seconded by Councilman Brown, the follow- ing ordinance was introduced for final passage: ORDINANCE NO. 535, an ordinance amending certain code sections to the Municipal Code, revising enforcement provisions of the Municipal Code and repealing code section no. 1255. 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 6. Communication from the Environmental Center of San Luis Obispo pro- posing the establishment of a collection center for recyclable materials:. They requested permission to locate the center on the.City -owned property on Prado Road adjacent to the Fire Department's training;; site. They felt the advantages of this location would be adequate work area compatible with adjacent land uses, unimpeded vehicular circulation, easy access to Highway 101 and a fenced area to provide security and public safety. Dr. Richard Kresia spoke in support of the request as he felt this was a first step in trying to clean up San Luis Obispo. ' Mr. Hollinsworth, representing Coors Bottling Company, stated they had been recycling aluminum cans for some time. He felt it was a good program and he and his company were in support of a further expansion of this re- cycling as proposed by the Environmental Center. Robert Barrows was in support of the Environmental Center's proposal for recyc.ling materials.: Pat Mate_icek, member of the Environmental Center group, spoke in support of the proposal. Jack Wainscott, Fire Department Battalion Chief, presented a recommendation from the Fire Chief opposing the use of any portion of the fire training site for other than fire training purposes. He felt that any further en- croachment on the limited area available for training would interfere with the Fire Department's use of the property. He wished the Council to recognize their opposition to the use by the recycling center. Mr. Harrington objected to the City granting this property to the Environmental Center without some sort of bidding procedure so that any one who was interested might make a bid. He felt that future revenues from the proposed recycling center were not known at this time but might be quite lucrative in the future. A. J. Shaw, City Attorney, recommended to the City Council that before the Environmental Center or other group used the property, they should furnish public liability and property damage insurance to protect the City and further, a written agreement should be entered into covering the various conditions for use of the land. Councilman Brown was in favor of the program but was worried about the loss of training area for the Fire Department. Councilman Graham supported the request on a six month's trial basis to see what support the Environmental Center received from the general public. City Council Minutes November 1, 1971 Page 6 Councilman Blake had no objection to the Environmental Center using the City property and felt they could work with the Fire Department on the six month's trial basis. Councilman Gurnee supported the request for use of the City property al- though he felt six months might not be enough time to get the program going, and he felt the proposal would be of value to the City of San Luis Obispo. Mayor Schwartz felt the proposal was laudable and was needed in the community to recycle this type of material. He saw no conflict in the use of the property as the Fire Department trained during the week and the Environmental Center would only use the property on weekends. He felt that the Environmental Center representatives and City staff could work out a plan and proposal for the City Council. On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council endorse the request of the Environmental Center for the use of City -owned land on Prado Road and that an agreement be worked out with the Environmental Center, the Fire Chief, Administrative Officer and City Attorney for a period of six (6) months. Motion carried. 7. Mayor Schwartz presented a final draft of a new Council policy re- garding the preparation of agendas for Council meetings and procedures for persons to follow who wished to bring matters before the City Council. 1. COUNCIL MEETINGS The City Council meets in regular session the first and third Mondays of each month starting at 7:00 P.M. Meetings are open to the public and are held in the Council Chambers of the City Hall. When the meeting date falls on a holiday, the meeting is scheduled the next evening, Tuesday. 2. COUNCIL AGENDAS Items may be placed on the Council agenda by submitting to the City Clerk in writing sufficient information which: a. Briefly defines the subject b. States the action desired; c. Sets forth reasons why such 3. AGENDA DEADLINES matter; and action would be appropriate. a. :!Tuesday, :DeadIine: Agenda items which request consideration for a deviation from established ordinances, laws, resolutions, Council policy or conditions imposed by Commissions or staff in accordance with their delegated responsibilities, must be filed with the City Clerk no later than 5:00 P.M. of the Tuesday preceding the Council meeting. In this category, particular reference is made to subdivisions, zonings, and other matters involving physical development. Where such deviations are requested or where objections to requirements or conditions imposed by City staff, boards or commissions are contested, it is necessary that supportive materials and arguments be complete in writing so that the staff may analyze same and present pertinent comments in writing to the City Clerk by 5:00 P.M. Thursday.. b. Thursday Deadline: Agenda items which do not request any of The considerations enumerated under (a) above must be filed with the City Clerk no, later than 5:00 P. M. of the Thursday preceding the Council meeting. 1 1 City Council Minutes November 1, 1971 Page 7 Failure to present all materials required under these deadlines will cause the item to be held over for placement on the agenda of the next regular session of the City Council. 4. EMERGENCY ITEMS Items of an urgent nature may be.submitted.'toithe City Clerk up to 4:00 P. M. the day of the Council meeting. The City Clerk will accept the urgent items on the condition that all supportive material is.present and will prepare a list of such items and make distribution to the City Council at the opening of the Council meeting. The Council shall ask for staff reaction after which if more than one (1) Councilman objects to consideration of the items, the items shall not be heard. If less than five (5) Councilmen are present, one (1) objection shall result in the item being held over. If the Council agrees to consider an emergency item, it shall be placed at the end of the agenda. On motion of Councilman Gurnee, seconded by Councilman Graham; the foi-e- going :,policy was adopted by the City Council as Official Council Policy. Motion carried. 8. Report by the Council sub - committee of Councilmen Graham and Gurnee regarding the adoption by the City regarding a comprehensive park ordinance. The committee felt that the ordinance under consideration was too all - encompassing, would restrict recreation in the Ctiy parks, many of the proposed provisions were unenforcable and such a comprehensive ordinance would be difficult to adopt due to the many points of disagreement among the Council members. ' They recommended that rather than attempt to pass this complete ordinance they should deal first with the biggest problem that of motorcycles and mini bikes. They recommended that the portion of the proposed ordinance dealing with traffic and motor vehicles should be adopted and the balance of the ordinance adopted piece -meal as the Council agreed on the various provisions. Mayor Schwartz suggested that based on the recommendation of the Council sub - committee, that the City staff be asked to prepare an up -dated or- dinance encompassing sections 4223.5, 4223.7 and 4223.10 and bring it back to the Council at the next study session for their consideration. The matter was continued to November 8, 1971. 9. The City Council considered the Traffic Committee report of October 26, 1971 71- 11 -1C. The City has received a petition from residents on portions of Flora and Alrita Streets, requesting a school crossing guard at Laurel and Johnson. On the basis of incomplete counts of pedestrian and vehicular volume, it appears that this intersection would not meet normal warrants for a crossing guard based on volumes but might very well do so on the basis of unusual conditions: in this case, moderately high- ' speed traffic combined with poor visibility. A crossing guard is therefore recommended. Although not contained in the petition, we have also had informal requests to move the school crosswalk (crossing Johnson) from the north side of Laurel to the south. We concur and so recommend. On motion of Councilman Blake, seconded by Councilman Brown, the recom- mendation was approved. Motion carried. City Council Minutes November 1, 1971 Page 8 Our third recommendation is that parking for three cars be eliminated on the west side of Johnson, north of Laurel. We feel that this would greatly improve visibility at the intersection. However, since this involves residential frontage, a hearing would be necessary if the Council wished to proceed. Since much of the seccess of the crossing guard installation would seem to depend on the improvement of visibility, we feel that the crossing guard should be placed here on a trial basis and should be con- tinued only if the red zone recommendation.is also approved. On motion of Councilman Blake, seconded by Councilman Brown, the matter was set for public hearing. Motion carried. 71- 11 -2C. The Traffic Committee has received the recommendations of the Citizens' Advisory Committee regarding the designation and signing of bicycle routes in the community. We recommend that such routes be laid out, subject to design considerations by the Design Review Board and clearance with the Division of Highways as far as state routes are concerned, i.e., portions of Broad, Higuera, and Marsh Streets. Also, we have two suggested changes in routings, namely, to substitute Mill Street between Grand and California for Palm and to add Hathway between California and Via Carta. If the Public Works Department personnel do the installation, it is estimated that approximatley $2,000 would be needed for materials for the signs. This would supply twice the number recommended by the Citizens' Advisory Committee. It is felt that this would have more of an impact than the bare minimum 66 signs originally recommended. The questions of changing the licensing fees for bicycles to $2 a year on a mandatory basis, yearly inspection for safety and ownership, removal or correction of hazards to bicyclists, and establishing of bike racks are either outside the scope of our committee or have already been handled. The eventual creation of bicycle lanes, also mentioned in a recent.letter from Doug Gerard, Executive Dean at Cal Poly, has not been seriously considered at this time in the interest of getting something started on the easier to accomplish parts of the program. The recommendation of the Traffic Committee was accepted. 71- 11 -3C. In response to the letter from the Public Utilities Com- mission recommending installation of automatic crossing gates at the Marsh Street railroad crossing, we recommend against such an installation because we feel that it might create more problems that it would solve, e.g., protracted closing of the crossing caused by switching movements and accidents caused by young drivers misusing the crossing gate instal- lations (particularly hazardous in the case of motorcycles circumventing the gates and moving at close to a parallel angle to the railroad tracks). For confirmation of difficulties which may be encountered, members of the Council might wish to check the experience with the crossing gates on Edna Road.South of Country Club Drive. The recommendation was approved on motion of Councilman Blake, seconded by Councilman Brown. Motion carried. 71- 11 -4C. In regard to the new parking restrictions on Santa Rosa south of Walnut, it is thought that a second green space on Mill Street across the street from the Santa Rosa Market would be helpful for both the market and also the recreation center, and we recommend its approval. When construction work has been completed on the Shipsey 8 Seitz building, we will take a look at the north side of Mill and see whether further recommendations would be in order. 1 1 City Council Minutes November 1, 1971 Page 9 . 71- 11 -5T. Mr. Stickler has requested that one red space be authorized both north and south of the main entrance driveway to the El Encanto Apartments at 3217 Johnson in the interest of visibility and maneuverability. We so recommend. 71- 11 -6T. A potential problem in getting fire trucks through has been called to our attention along the extension of Luneta Drive at the westerly end of the new Tropicana units. We feel that if parking were eliminated in the narrow portion along the first 100 feet of curbing, the hazard would be greatly reduced. We so recommend. 71- 11 -7T. It has come to the attention of the Traffic Committee that no signs have been posted within the Mission Plaza area prohibiting parking. It was our recollection that the intent was to prohibit parking within the Plaza itself except for funerals and weddings. It is therefore recommended that the engineer be authorized by resolution to post a sign or signs at the entrance to the Plaza reading "NO PARKING AT ANY TIME BEYOND THIS POINT" and in small letters "except by special permission ". We understand that the Planning Department is working on some type of non - standard aesthetic- ally pleasing type of sign. On motion of Councilman Blake, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2241, a resolution establishing a green zone on Mill Street, no parking zones on Johnson Avneue, Lunetta Drive and Mission Plaza. 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 10. Communication from the City Engineer regarding his negotiations with Bob Lima of 298 Ramona Drive relative to installation of drainage facili- ties at his residence. He continued that he had informed Mr. Lima of the various alternatives to undergrounding the drainage ditch on his property and had informed him of the offer by the City to inspect the construction at no cost to Mr. Lima. He concluded that as the City did not have a formal easement in this drainage way, the City had never attempted to maintain the channel as he felt the City had no obligation. The City Council asked the City Engineer to again notify Mr. Lima of the various alternatives and to see what he wished to do. 11. The City Council set the following items for consideration at the November 8th study session: A. Discussion of an ordinance regarding public assemblies; B. Waterways Committee recommendation regarding tree growth in man- made channels; ' C. Quarterly review of the C. I. P.; D. Discussion of Laguna Lake Park to include an ordinance controlling conduct, barriers, tree planting and updating the Hector plan; E. Discussion of reworking the Municipal Code; F. Discussion of property tax reform. City Council Minutes November 1, 1971 Page 10 12. Appeal of Charles French, attorney.for the French Hospital Cor- poration, from a decision by the Waterways Committee denying their request to culvert a small water course located at the back of the property on which the new hospital was being constructed on Johnson Avenue. The water course in question begins on Ella Street and the hospital entrance road and crosses George and Iris Streets. Mr. French continued that in tracing this water course through its entire ' length, more than 75% had been placed in culverts. He did not feel that the small amount proposed by French Hospital Corporation would have any significant impact on the water course as a whole. Over 50% of this water course immediately adjacent to French.Hospital was in culverts. The urgency of this appeal was that the property owners did not realize they would have to obtain permission of the Waterways Committee to cul- vert the waterway and they had already let a contract for the work. He stated any delay would be extremely costly to the developers. The recommendation of the Waterways Committee was as follows:. The Waterways Committee has rejected the request for the following reasons: A. The present creek is aesthetically pleasing. B. The planned development for the hospital did not show development in this property. C. Extensions of drainage structures across the end of George and Iris Streets would permit road access onto the French Hospital property, which might be undesirable. D. Enclosing this portion of creek will encourage the enclosing of a very pleasant portion of creek downstream of.this project. D. F. Romero, City Engineer, commented that his vote on the Waterways Committee considered only the aesthetic aspects of the improvement and that in his opinion this portion of creek was not of sufficient aesthetic value to preserve. A. J. Shaw, City Attorney, reviewed for theCity Council's information, the provisions of Sections 5220.10, 5220.11, and 5220.12 dealing with obstructions in drainage channels and stated he felt the City Engineer had the authority.based on engineering criteria to grant permits to culvert drainage areas. The City Engineer informed the City Council that the proposed culvert met all engineering.criteria as far as safety, size, etc. Councilman Blake disagreed with the recommendation of the Waterways Committee and felt that this was just a drainage channel and not a creek. He felt that putting it into a culvert would allow George Street and Iris Street to be extended to allow circulation to the land- locked area. Councilman Brown disagreed with the findings of.the Waterways Committee. He felt a culvert on this drainage ditch would allow access to other areas directly behind the hospital and would be no loss to the City. In view of the City Attorney's opinion that this must be based on engineering criteria, he felt there would be no way to deny the request. Councilman Graham felt that the channel should be protected as much as possible. Without first personally inspecting the area, he did not feel ' he could give an opinion. Councilman Gurnee reviewed for the Council's information, the steps taken to date by the French Hospital Corporation in developing the new hospital site on Johnson Avenue. He also reviewed the steps taken to move earth from Terrace Hill to the hospital site including the sttempt by the developer to use surplus dirt from this source to cover up a 1 1 1 City Council Minutes November 1, 1971 Page 11 drainage channel. He stated it was his opinion that this developer had abused all the creeks and channels on the hospital site. He agai -n re- viewed the recommendation of the Waterways Committee. He asked the City Council to maintain the open channel and he further felt that French Properties were in violation of City ordinances in proceeding without a grading permit to cover the channel. He felt the City should force French Properties to abate this nuisance. D. F. Romero, City Engineer, commented on the action to date by the developer in the vicinity of the drainage channel under consideration. He stated he had reviewed the dra.i.nage plan for the channel and it was in order and was engineered correctly. Mayor Schwartz viewed the problem with mixed emotions in view of the legal interpretation of existing ordinances by the City Attorney which granted the right to the City Engineer to issue permits based on engin- eering criteria. He felt that the French Properties developers had shown poor faith in that they were aware of the City Councils intention to keep all creeks and drainage channels open and free flowing. A. J. Shaw, City Attorney, again reviewed the municipal code provisions on obstructions in creeks and water courses. Mayor Schwartz continued he felt the City Council should consider amend- ing the City ordinances to make provisions to keep all streams clear and subject to the approval of the Waterways Committee. On motion of Councilman Blake, seconded by Councilman Brown, that the City Council recognize the authority of the City Engineer to issue the grading permit to place a culvert in the drainage channel. Motion carried with Councilmen Graham and Gurnee voting no. 13. City Council adjourned to executive session to discuss acquisition of property subject to litigation. 14. On motion of Councilman Blake, seconded by Councilman Brown, the meeting was adjourned to November 8, 1971. Motion carried. APPROVED: December 20, 1971 k ; ;g H PATRICK, CITY CLERK