HomeMy WebLinkAbout11/03/19751
1
Pledge
Roll Call
City Staff
M
MINUTES
REGULAR MEETING.OF THE CITY COUNCIL
CITY.OF.SAN LUIS OBISPO
MONDAY.-NOVEMBER-3,.1975 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
PRESENT: Councilmen Gurnee, Norris, Petterson, Graham and
Mayor Schwartz
ABSENT: None
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; A.J. Shaw, City. Attorney; D.F. Romero, Director
of Public Services; Rob Strong, Director of Community r
Development; William Flory, Parks and Recreation Department;
Lee M. Schlobohm, Fire Chief.
1.. The City Council held.a. public- hearing_to consider the formation
of Underground Utility:.District No. 8 which was basically a district on both
sides_of.Santa Rosa Street, from the.north side of Mill to the north side
of Montalban Street.
Mayor Schwartz declared the public hearing open.
No one appeared- before._the City ... Council_ for -or against..the.- proposed forma -
tion.of..the.Underground Utility,District.
Mayor-.Schwartz.-declared the-public hearing closed.
on.motion.of Councilman Gurnee, ..seconded-by Councilman Graham,. the follow-
ing ordinance was introduced:. Ordinance.No. 652, an ordinance amending the
San Luis Obispo Municipal-Code to create..Underground Utility District No. 8,
and fixing.the dates for conversion and connection thereto.
Introduced .and . passed to print.on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Petterson, Graham and
Mayor Schwartz
NOES: None
ABSENT: None
At.this time, the City Council considered..the consent items:
C -1 ... On.motion of Councilman Gurnee, seconded by Councilman Norris,
claims.against.the City for the month of November, 1975 were approved sub -
ject.to.the approval of the.Administrative.Officer. Motion carried.
C -2 On.motion_of.Councilman Gurnee,-seconded by Councilman Norris,
.the..following_contract_ payments were..approved..and ordered paid.-as were the
..change orders:
R. Burke..Corporation
LOS.OSOS RD. E %TENSION
C.P. 416 -75
STREET RESURFACING"
C.P. #1 -76
Est. #1
'.Est:' X62
Est: X63 FINAL
C.C.O. #1
C.C.0.#2
$ 17,991.22
.10,844.91
119948.07 (12/8/75)
889.57 (add)
819.90.(add)
CITY COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE TWO
Gray Construction.Company
MEADOW.PARK. -REC. :BLDG.
C.P..4175 -1
Fred Julian--&-.Associates
WATERLINE IMPROVEMENT
C.P. 4125 -75
Wally .LAFreniere -- Construction -Co.
SINSHEIMER.PARK RESTROOMS ETC.
ADMINISTRATION BLDG. ALTERATIONS
Est. 415
C.C.0.#4
Est. 412
:. ..Est. 415
....C.C.0.417
C.C.0.418
Est. 416
Charles..A..Pratt Construction. Co. Est. 416
...__. WATERLINE .RECONSTRUCTION.BROAD.STREET
C. P:. 4121 -75
Walter_Bros.:.Construction Co. Est. 412
STREET RECONSTRUCTION & CHURCH STREET. -. C.C.0.W.
WATERLINE
C.P. 4110 -75
. Wray Construction Co. Est. 411
...- .SINSHEIMER PARK TENNIS COURTS,
PHASE I
C.P. 419 -76
11,435.55
670.00 (add)
46,066.41
.... 12,012:98
40.00 (add)
192.75 (add)
22,679.00
3;255.72
57,288.39
1,000.00 (add)
21,798.36
C -3 ..On.motion -of Councilman Gurnee, seconded by Councilman Norris,
the Council.minutes of.-the-meetings of May-23., August 4,.11., 18.1 19 and 26
were.approved as presented.
C -4 On...motion of_- Councilman.Gurnee,_seconded..by Councilman Norris,
...a- resolution_urging:.the_ development of Sinsheimer Park by the Advisory
..Committee_.on- .Joint..Recreational Use of.School District.-Property-was ordered
received -and.. filed.
C-5 .Communication from .Orloff_Miller.- Coordinator _ of -Human Relations
_Commission had.a letter..from.David.A: Smiley, Chairman-of-Grassroots II,
.._ requesting ..Council_considerition of .the..possible location of the .Grassroots
Center near.-Meadow'Park in the South Street area and requesting a study
___.session.with.the City Council was continued to the November..10,:1975.Council
meeting. .
.`On..motion_.of ..Counrilman.. Gurnee ,.- .seconded..by..Coimcilman Graham,-to refer to
November 10, 1975 study session... Motion..carried.
. C -6 . . on motion.of.Mayor...Schwartz, :seconded by Steve Petterson, the
.._..following.resolution. was introduced: -.- Resolution No. 2911, a. resolution
of the Council of the City of San Luis Obispo approving a Master Agree-
ment with.the.State Department of.- Transportation for FAU..projects and
authorizing the Mayor to execute the same.
Passed-and adopted on the following roll.call vote:
AYES: Councilman Gurnee, Petterson, Graham, Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C =7 _.On. motion_ of .Councilman.Norris,:..seconded by Councilman:Petterson,
the .following. resolution was. iintroduced:..;.Resolution..N6. 2912,.a resolution
.approving an..agreement with..Michael Wedel'for analysis of the City's cir=
- culation system and authorizing the .Mayour. =to execute-said agreement on behalf
of the City.
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CITY_COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE THREE
Passed and adopted on the following .roll . call vote:
AYES:. Councilmen Gurnee, Petterson, Graham, Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C -8 On motion_of.. Mayor.. Schwartz ,.seconded.by.Councilman Petterson,
..the request from.Robert.Strong,.Director of'Community Development, regarding
_discussion of the Revised Environmental Impact Procedures and Guidelines was
continued to a study session.of.November 10,.1975. Motion carried.
..0 -9 ..On motion-of Councilman Griham,_.seconded _ by Mayor Schwartz, the
revised National. Pollutant .Discharge..Elimination System permit for the.City
issued-by the_California.Regional Water Quality Control Board was referred
.to the City staff and consultant for comment.
C -10. On.motion.6f Councilman Gurnee, seconded by Councilman Norris, a
`_-
_request from R.D. Miller, Administrative Officer, for the addition.of a.
janitor at-the enlarged City Hall due to.the remodeling was approved and z�
the following. resolution ._inereasing.the.budget and staff was introduced:
Resolution.No..2913, a resolution increasiag.the 1975 -76 budget.
Passed and adopted on the.following roll call vote:
AYES.:.--.Councilmen Gurnee,- Petterson,-Graham, Norris and
_.Mayor Schwartz
NOES: None
ABSENT: .None.
' C -11 On motion:'of' :Councilman.Gurnee, seconded by .Councilman Norris, a
memorandum from R.D. Miller, Administrative.Officer, requesting authority to
make certain adjustments'in clerical staffing to meet changing'conditions in
the remodeling,.particularly.in.the Community Development -area was approved
as.requested. Motion - carried. All ayes..
C =12 -.On motion -of Councilman.- Gurnee,_. seconded _by._Councilmain -Norris,
the. communication. from the_. South" Central _ Coast_ Regional .Coimission regard -
...ing the Preliminary Acquisition List for. -the California Coastal Zone Plan
was ordered'.received.and filed.-..Motion carried." All ayes.
At this time,..the City Council considered the Traffic Committee Report.
TC- lT- 11 -.75.. Recommendation .that.yellow..curbing at-the north:.entrance..to Pacheco
.School parking lot on:Grand.Avenue.be. replaced with red curbing.
TC- 4T- 11- 75.Recommendation'.that.a stop sign :be added on northbound Chorro
.Street.at.Ferrini.
TC- 5T -11 =75 Recommendation_.that _ parking.be prohibited on Higuera Street from
the north_.limit,of.the...mobile -home park..southerly to-the point -at which the
curb ended .south of the Prado Road intersection.and the.installation.of bike
lanes.
' On motion. of _Councilman_Gurnee,_seconded:by Councilman Petterson,:the following
resolution was introduced: .Resolution No. .2914, a resolution prohibiting park-
ing and establishing bicycle lanes on South Higuera Street; prohibiting parking
on Grand Avenue; and establishing a stop,sign on North Chorro Street.
Passed and adopted on the following'roll call vote:
AYES:.._Councilmeh Gurnee,Petterson,- Graham, Norris and
Mayor Schwartz
NOES: None
ABSENT: None
CITY COUNCIL MINUTES
NOVEMBER 3, 1975
.PAGE FOUR
TC- 6T -11 -75 Recommendation ..that:_the.speed..limit for.Laurel'Lane be changed
to 30 m.p.h....in_ the area between-Johnson Avenue and Southwood Drive.
On motion:. of:Councilman..Norris;.seconded by..Councilman Gurnee, the following
ordinance _was.introduced:_.Ordinance No. 653, an ordinance amending the
Municipal.Code to establish a speed limit on Laurel Lane.1
Introduced.and.passed to.print.on.the.- following roll call 'vote:
AYES.:. Councilmen Gurnee.,.Petterson, Graham, Norris and
Mayor Schwartz
NOES: None
_ - -- ABSENT: None
TC- 7T- 11- 75.Request that Traffic Committee review CAC_'s.analysis..of bikeway
plan be continued to-next month was accepted. .
NEGATIVE..RECOMMEENDATIONS
TC- 2T -11 -75 Review of traffic access from'Grand Avenue.onto southbound Highway
101.
TC- 3T- 11- 75..Intersection modification.at Buena Vista and Monterey Streets.
.J
Both.negative_recommendati us_were..ap.proved.:by-.the City-Council.
2. The City Council held.a public.hearing to consider the reports
....-from the.-Planning Commission.concerning..resource deficiencies (pursuant to
Ordinance 604 -A) for the following project: Use permit to construct an 18
unit apartment development at-60 Casa Street, Vincent Fonte, applicant.
Robert-Strong :Community Development:Director, presented the -Level 1, 604 -A
resource-deficiency .for..this development as.a project which..would contribute
to downstream.deficient.sewer lines.operating beyond a theoretical peak.flow
capacity.. The deficiency and description of staff effort to monitor the actual
flows of-the lines was outlined-in a separate report from the City Utility
Engineer.. Robert Strong stated that:.the Planning Commission, pursuant.to the
recommendation.of the City's Utility 'Engineer recommended that no permit entitle-
ments be withheld at -this time but that a report from the City Engineer's office
..be submitted. -as -part of the 1976 CIP City. Council consideration if measures to
mitigate.deficiencies were-warranted at that time.
Robert Mote,.Utility Engineer, then submitted the sewage collection deficiency
report dealing with this project'.
Mayor..Schwartz declared the public hearing open.
No..one_ appeared before the-City Council -in regard of this matter.
.Mayor.Schwartz,.declared the public .hearing closed.
Councilman Gurnee.stated.that.he was personally opposed to the entire
- project due.to...the fact that this again..violated the.General -Plan by
allowing..a larger density.than.authorized by the adopted General Plan.
On-.motion.of_Councilman_Petterson, seconded by Councilman Graham,.that the
City Council accept the. recommendation_ of. :the..Planning..Commission.and: approve
the issuance of"_the -use permit..-Motion carried, Councilman Gurnee voting no.
3. The City Council held:a public hearing on Resolution No. 2898, a,
resolution finding that a.. up blic,nuisance.:may.exist'.0 on portions of the
premises.generally.described as Terrace Hill.and ordering a.public.hearing
concerning.same and abatement :thereof.
The.City Clerk : submitted _a.statement,.an ... affidavit-of filing notice of the
resolution on:.the property owners'.agent-::and also the fact that the City Clerk
personally posted the property affected on the boundaries on all four sides.
CITY COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE FIVE
Robert Strong submitted a memorandum stating that his staff had been in
contact with the property owner and that the property owner was letting a
contract within the next week or two to accomplish a major portion of the
work required by the City and that this part of the work (the drainage and
erosion problem on William Street near Ella Street) should be done before
the Council action would be effected.
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 Petterson, the consider-
ation of the Resolution No. 2898 was continued to November 17, 1975. Motion
carried. All ayes.
4. The City Council held a public hearing on the recommendation of
the Planning Commission that the City Council adopt the Noise Element of
the General Plan as prepared by Envicom, under contract to the City of San
Luis Obispo.
Robert Strong, Community Development Director, again reviewed the provisions
of the noise element, the recommendations and the implications.
Mayor Schwartz declared the public hearing open.
Mr. Ems, Johnson Avenue, asked the City Council if this ordinance made
provisions to stop the Southern Pacific Railroad from whistling at grade
crossings.
A.J. Shaw, City Attorney, explained that there may be State laws involved
for safety at crossings that required trains to give notice.
'Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Councilman Graham, the follow-
ing resolution was introduced: Resolution No. 2915, a resolution of the
Council of the City of San Luis Obispo approving and adopting the initial
report on the noise element of the General Plan.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Petterson, Graham and
Mayor Schwartz
NOES: None
ABSENT: None
5. The City Council considered the initiation of condemnation procedures
for the widening of Johnson Avenue and .San Luis Drive, and further, the Council
considered the initiating of assessment district proceedings along with the
condemnation action.
A.J. Shaw, City Attorney, introduced Miss Peggy McElligott, representing the
firm of Wilson, Jones, Morton and Lynch, Special Counsel for the City on this
project.
Miss McElligott reviewed the status of the project as of this date and the
action the City Council would need to take to adopt the condemnation proceed-
ings in order to stabilize the date for value purposes, for Court purposes, etc.
and that at any time until the final Court decision had been rendered, negotiations
could continue, could be settled with the property owners, and the Court action be
dismissed. She then reviewed the action that the City Council must take in order
to initiate the special assessment district proceedings.
CITY COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE SIX
Murray Warden, representing the property owner, questioned the action the
City Council was contemplating at this time in proceeding with condemnation
to take his mother's property. He felt that the City Council had not
really negotiated in good faith for acquisition of the property. Further,
he had not been able to understand under what stretch of legal imagination
the City could expect the property owner to pay through assessment proceedings
for the actual improvement of the street widening. While he recognized the
City's right to condemn the property he hoped in fairness that the Council
would treat the two property owners involved fairly. He also reminded the
City Council that the lots involved were lots of record and they should be
allowed to have access to adjacent dedicated streets.
Councilman.Norris stated that his major worry involved in this street widening
was that the area under consideration for acquisition, not only involved
traffic but involved school children walking to both the high school and
junior high school and he felt that under every power the City had, they
should widen the street, provide the necessary sidewalks and bicycle paths
before some major catastrophe occured and some child was killed.
On motion of Councilman Norris, seconded by Mayor Schwartz, the following
resolution was introduced: Resolution No. 2916, a.resolution.determining
that the public interest and necessity require-the acquisition of certain
land and directing the filing of eminent domain proceedings and appointing
special counsel. - Johnson Avenue Improvement.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Norris, Gurnee, Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
On motion of Councilman Petterson, seconded by Councilman Norris, the
following resolution was introduced: Resolution No. 2917, a resolution
appointing attorneys - Johnson Avenue Improvement
Passed and adopted on the following roll call vote:
AYES: Councilmen Norris, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
On motion of Councilman Norris, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 2918, a resolution
of preliminary determination and intention, Johnson Avenue Improvement.
Passed and adopted on the following.roll call vote:
AYES: Councilman Norris, Grunee, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
6. Wayne Peterson, City Engineer, presented his report consisting
of plans, specifications, maps, descriptions, estimate.of costs and diagram
and assessment for the Johnson Avenue referred to in.Item 5 above. He stated
the total project was estimated at $195,176.15 of which the City would pay
$161,270.40 and the balance of $34,905.75 would go to assessment. He then
reviewed the various assessment breakdowns for the parcels involved.
Murray Warden asked for clarification-of just what benefits, if any, would
accrue to the property owners through this project of taking their land.
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CITY COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE SEVEN
Wayne Peterson, City Engineer, reviewed again the allocation of benefits to
each parcel in the project.
On motion.of Councilman Norris,.seconded by Councilman Gurnee, the following
resolution was introduced: Resolution No. 2919, a resolution of preliminary
approval of-engineer's report, Johnson Avenue Improvement.
Passed and-adopted on the following.roll call vote:
IAYES: .Councilmen Norris, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
On motion of.Councilman Petterson,- seconded by Councilman Gurnee, the follow-
ing resolution was introduced: Resolution No. 2920, a resolution appointing
time and place of hearing protests.in relation.to proposed acquisitions and
improvements, and directing notice, Johnson Avenue Improvement.
Passed and adopted on the following roll call vote:
AYES: Councilmen Norris, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Petterson, the follow-
ing resolution was introduced:-.Resolution-No. 2921, a resolution calling for
sealed proposals.and fixing liquidated-damages for failure to complete the
work within time specified, Johnson Avenue Improvement.
Passed and adopted on the following roll -call vote:
AYES: Councilman Norris, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
On motion of Councilman Norris, seconded by Councilman Petterson, that the
following resolution be.introdueedd. Resolution No. 2922, a resolution
describing boundaries of Assessment. District, directing filing of boundary
maps and - assessment diagram and recordation of Notice of Assessment,
Johnson Avenue Improvement.
Passed -and adopted on the following roll -call vote:
AYES: Councilman Norris, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
7. John Farmer, 367 Highland Drive, submitted -the following petition
to the City Council signed by 24 residents of the area, stating that they
serve notice.on the City Council and petition them to act in a judicious
matter to alleviate problem in Garden Creek running between Princeton Place
and Stanford Drive, the stench in the form of stagnation and rubble. The
creek did not have any fall and constituted a health problem and because
of the stagnation, was a breeding ground -for mosquitos. The debris, during
rainy season helped erode the banks of the creek endangering adjacent prop-
erties. This could be helped by cementing or guniting the banks. Also
removal of center pillar under the culvert crossing under Highland Drive
and strengthening or replacing of same, would help in keeping the creek from
back up and overflowing. He stated he was appearing on behalf of his
neighbors in an attempt to get the City to do its job and keep that portion
of Garden Creek clear and free from debris, rats, mosquitos, etc.
CITY COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE EIGHT
Richard Malone,.382 Highland Drive, submitted-sketches and photos of the
problems as submitted by the petitioners.
Bob-Pederson, 552 Highland.Drive,.State Hydraulic.Engineer, submitted figures
on capacity_of.old Garden Creek at Highland Drive-and gave suggestions for
reducing the nuisance to the adjacent property owners.
Harold.A. Quittert 375 Highland Drive,.supported..the comments of his neighbors
and asked -the City Council to do something to clear up this portion of old I
Garden Creek.
R.D. Miller, Administrative Officer, stated that the last two fiscal years
the City Council had taken out of the budget any expenditures to improve
drainage channels in the area.
D. F. Romero, Public. Services Director-,..explained past .City -practices in attempt-
ing to alleviate the problems. He felt the only recourse was to permanently
line the bottom and side, in order to-improve-the-carrying capacity of the
channels, to eliminate standing water, stagnation, odor and mosquito problems.
Councilman Gurnee felt that the City Council should look into the benefit of
the adjacent property owners and the City as a whole and he suggested that the
City considerea special assessment district with the contract being handled by
the City.
Mayor Schwartz felt that before proceeding with any action, that the Waterways
Planning Board of the City should look into the level of maintenance and the
level of improvements that should be considered by both the property owners
and /or.the City.
On motion.of.Councilman.Petterson, secouded.by Councilman Norris, the
petition was referred to the Waterways Planning Board and staff for study
and recommendation to the City Council as-to proper solution. Motion
carried.
8. Communication from C.B. Holser, operating the Attic at 848 Monterey
Street, requesting the City Council grant an encroachment permit into the
City parking lot adjacent to their development for a structure which was
being remodeled. In order to provide a 36" wide emergency stair exit from
the Attic store above the old Saver Bakery an encroachment must be granted
for the required exit to the City parking lot as indicated on the plans.
Robert Strong, Community Development Director, stated that the stairway being
proposed by-C.B. Holser would be located across the existing planter and would
necessitate reconstruction of two parts as depicted on the sketch. The stair-
way would not obstruct any portion of the existing.sidewalk. The Architectural
Review Commission had approved the design and the staff recommended that the
requested encroachment be granted with the usual conditions, the applicant to
pay all costs of reconstruction of existing public improvements upon abandon-
ment.
A.J. Shaw, City Attorney, recommended that any encroachment permit granted,
be conditioned so that the encroachment could be terminated on 30 days notice
by the City and that the agreement should be recorded so that there would be
full knowledge by future operators of the business on the adjacent property
as to the conditions of the permit.
Robert Strong agreed that any permit issued should be issued subject to the
conditions established by the City Attorney.
On motion-of Mayor Schwartz, seconded by.Councilman.Petterson, that the City
grant the encroachment permit subject.to- revokable permit recorded as suggested
by the City Attorney. Motion carried.. All ayes.
9. Memo from Wavne Peterson, City Engineer, recommending that the
City Council accept the final map of Minor Subdivision 424, Ken MacIntyre
located at 2795 Johnson Avenue.
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CITY - COUNCIL MINUTES
NOVEMBER 3, 1975
PAGE NINE
Robert Strong, Community Development Director, submitted a report and sketch
to the City Council regarding.the communication of Ken MacIntyre for accept-
ance for Tract 424 and also requesting an exception to the slope criteria for
driveway standards. He stated that the MacIntyre house plans showed a downward
driveway slope of 24.9% and due to the site topography, the City Engineer had
felt that only by extensive grading could the slope be reduced, thus he had
approved that slope. Field conditions differed from the approved plan, however,
and the slope.of.the driveway was an average.of.27 percent. Inasmuch as the
' actual driveway exceeded 25 percent, and by past policy, this type of "exception"
could be granted only by the City Council,-he requested that the City Council
consider-an exception under the following options: (1) that the driveway be recon-
structed to a maximum slope of 25 percent and the carport modified to enable
entrance from.the reduced slope, or (2) to require an alternative carport and /or
driveway be constructed., or (3) that this exception to "standards" be permitted,
subject to. certain conditions. As Community Development Director he recommended
.that the driveway exception should be allowed but not "approved" subject to
the following conditions:
a) That mitigation measures such as driveway edge markers and a rougher pavement
surface be included, and
b) That the driveway was, in fact, usable by-the resident, and
c) That the property owner accepted all. liability and recognized that the
driveway was not in accordance.with City standards.
Wayne Peterson, City Engineer, recommended that, based on the driveway problems
at 2795 Johnson Avenue, that the final.minor subdivision map have the follow -
ign note included:
"NOTICE REGARDING DRIVEWAY CONSTRUCTION.. Johnson Avenue . driveway to Parcel 1
has been constructed to more than 27 percent grade contrary to approved build-
ing plans and adopted City policy. Therefore, the owner is required to sawcut
' the driveway to improve traction."
A.J. Shaw, City Attorney, recommended that the City not approve the driveway
after the fact, due to possible potential liability of the City approving a
violation to adopted City policy. He completed his statement by stating
that the City Engineer really did not feel that this driveway was safe for
normal operation.
D.F. Romero, Public Service Director, that it was his opinion that this
driveway was almost maximum percent grade which vehicles could negotiate
and felt that under certain conditions a.car could not drive out of the
driveway.safely.
Wayne Peterson, City Engineer, felt that the driveway was usable even though
quite steep with some portion up to 30 percent grade, although he would not
personally certify that the driveway was safe.
Robert Strong, Community Development Director, stated that in future planning
they would try to deny driveways over 25 %.
Councilman Norris felt that the driveway was unsafe and did not wish to grant
an exception for the driveway as constructed.
Councilman Petterson felt that the property owner was assuming some liability
in using this driveway and that he should be aware of the possible problem.
' Councilman Gurnee suggested that the notice as suggested by the City Engineer
should be amended to include a statement that the owner assumed full liability
for this driveway and would hold the City harmless from future claims.
On motion of-Councilman Gurnee, seconded by Councilman Petterson, the follow-
ing resolution was introduced: Resolution No. 2923, a resolution,of. the
Council of the City of San Luis Obispo approving the final map of Minor
Subdivision No. 424, Johnson Avenue Improvement - San Marcus Court (applicant,
Ken MacIntyre) and superseding Resolution No. 2775, subject to the following
CITY COUNCIL MINUTES
NOVEMBER 3, 1975 .
PAGE TEN
conditions: (1) .sawcut.the driveway -:(2) file-the agreement.. on the subdivision
map as requested and.(3).the property owner.record...an..agreement. holding the
City.harmless.and binding future owners.:`
Passed.and..adopted on the following roll-call-vote:
AYES:-. Councilman Gurnee,- .Petterson, Graham,. .Norris and
and Mayor Schwartz
NOES:.. None
.. ABSENT: None
The . - Council.. -a directed that no "Cer.tificate.of_Occupancy ".be granted to
this property-until-all the Council conditions -_had& been met...
10. David:..Williamson, -. Assistant ..Administrative.Officer, submitted for
_the Council's consideration a proposal for. the paging, music and. public
..address system as part.of -the City Hall remodelling which would be included
in the City-Council Chambers and Conference Room. He recommended - ..that the
paging, public address and background.music -had the ability -to communicate.
_- activities in -the Conference Room -and.Council..Chambers to department head
offices. He felt that this.would be.an..advantage to the City and he esti-
mated that the cost would be $10,838:00 for the system.
Mr.. Dickey,.. Electronic .Engineer,.presented_. for --- the- .Council's.- information,
the requirements of the integrated sound'system.as- proposed:-
Mr.- .Jennings., Architect,. reviewed - the.- proposal.as.submitted by.David Williamson
and_Mr. Dickey,. Electronic Engineer, and-felt that-these-recommendations as
presented would be an asset for.future.construction and future use by the
City Council.
On.motion:.of:_Councilman Pet terson,:- seconded-by .. Councilman-Gurnee , that..the
City.Council..accept..the recommendation as.presented by David Williamson, not
including-the-additional 14 days for:construction.by..the contractor. Motion
carried,. Councilmen Norris and Graham.voting no.
On motion.of_Councilman._ Gurnee, seconded:.hy-.Councilman Graham, the meeting
adjourned -.to Wednesday, 4:00 p.m., November-5, 1975. Motion carried. All ayes.
APPROVED: -March 1, 1976
. itzpatrick, City Clerk
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