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HomeMy WebLinkAbout12/02/1975Roll Call MINUTES ADJOURNED.CITY.COUNCIL MEETING CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 2, 1975 - 12:10 P.M. CONFERENCE ROOM, CITY HALL PRESENT: Councilmen Norris, Petterson, Graham and Mayor Schwartz ABSENT: Councilman Gurnee City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer;.Rob Strong, Director of Community Development; A.J. Shaw, City Attorney; Wayne Peterson, City Engineer 12. The City Council considered -the tentative map for the Minor Subdivision No. 436, Aime.Lalande, 1595 Los Osos Valley Road. The Planning Commission reviewed the Minor.Subdivision on November 18,.1975 and recommended that the City Council approve the subdivision subject to the follow- ing conditions: I.- The new property corners -be permanently staked and the final map indicate that the corners have been staked. 2. The map shall be.revised to indicate.a 10 ft. wide and a 10 ft. deep-easement extending from the.west property line toward the east property line; said easement to be granted to Parcel 18. On motion of-Councilman Petterson,_seconded by Councilman Norris, the City Council ' approved the Tentative Map of Minor Subdivision of No. 436. Motion carried. All ayes, Councilman Gurnee absent. 10. A.J. Shaw, City.-Attorney.-brought to the Council.'s.attention that grading was again..done..on private property-(Partridge Drive) contrary to the terms of a_ grading permit.and that.the City was not advised of the grading and did not inspect the grading until the work was substantially completed. He stated that the.work done.was..contrary to the.terms of.the.permit which constitutes both a misdemeanor and.a..public,,nuisance. The accomplishment of the .work without.City inspection to verify - compliance with the plans.makes it impossible for the City to approve the work retroactively without additional assurances.as to.the.quality_and_ safety of the work performed. Therefore, the City Attorney recommended that the City Council take at least one of th_e three following actions prior to approving the work: 1. Require..the.applicant to pay the full costs of a civil engineer or geolo- gist, selected by the City, to review -the site and the work and to independently certify that the work as accomplished is in accordance with (a) the "state of the art" and (b) the objectives sought by the City. .2. Misdemanor prosecution of all persons.involved in grading beyond the terms of the grading permit. 3. Initiate a nuisance abatement action...to require any necessary-correction or reconstruction work to complete the-project-as originally.required, or as may be revised by the City upon receiving the recommendations of an independent professional person. He stated that,it would -also be his.recommendation that the City notify -the Civil Engineer and /or contractors involved in the work to date that no more of their work will be approved.by the City.until. -and unless they file a document written to the City agreeing at all.times to abide by the City's building and grading regulations, including close coordination.with, and regular.inspection by City inspectors. CITY COUNCIL..MINUTES DECEMBER 2, 1975 PAGE TWO Wayne.Peterson, City Engineer,.stated_that..he had.requested Robert Williams, a Civil Engineer of Central Coast.Laboratories.to submit_to.him as -built plans showing..the_grading. that was completed.on.the.slopes and.in the subdivision. under the.permit issued by the City in.the area owned by Ted Maino.and behind Tract 412. The final grading differs from that finally approved due to conditions encountered in.-the field. He continued, Mr. Williams' letter and_.the.photographs..he.has seen show a ..clay seam which lays approximately 30.feet.below.the surface which, in Mr. Williams' opinion, was the cause of:the_landslide....The.clay seam has now been - removed and.the material recompacted.in.the._area.of _ both:slides. In.his_letter_of November 14., 1975 Robert Williams stated "It is my opinion that every.effort has..been.made.within practical limits to-stabilize the slope failure that.had. occurred and that they should remain stable ". Wayne Peterson stated it.was - his.opinion that the conditions of the Council's resolution have now been met and that.the lots on Partridge Drive are now protected to the state of the art and that he would recommend approval by the City Council. .The City_Council.discussed the.apparent..lack of any inspection.-on this project and others where contractors do work without.City permits and without any apparent City inspection or enforcement. The Council discussed the various problems that.have been brought to their attention-where people who try and comply with City ordinances have been delayed with their plans.and.projects but where people do not follow the law or-get-permits are allowed to proceed without any enforcement and they are not even delayed for.the final approval. The City Administrative Officer was asked_to look into this.matter and attempt to tighten up the procedures in the Eiigiheering.Division of the Community Development Department as there apparently..has been a lack.of.supervision and /or control in that department. On.motion..of.Councilman Petterson, seconded.by.Councilman Graham, that the , City Council _.accept... the .Engineer.'s recommeridation..on- grading.and refer to staff to.come..up with recommendations for.filing,suit_ against the contractor for pro- cessing without - permit or inspection if pgssible. Motion carried. All ayes,` Councilman Gurnee absent. 8. .. Communication.. from,.John_.Scheuer -. presently _developing.property,at 375 Branch Street on'an R -2 lot:..The..lot..measures 50' x 180' and is bordered on the south by South Street and on the north by Branch Street.. Mr. Scheuer asked permission fora variance to allow.access to the new building from South Street. He submitted a. vicinity. map. showing . where..adjacent.properties on both sides of his property have been-granted access. to South Street. Wayne Peterson, City Engineer, stated that the City staff has analysed all the properties along South.Street.from:Beebee Street to..Broad Street for.alternative means of access. Many.of.:the properties.have.potential for.development along the South Street frontage and some of these can attain access from frontage other than South Street. There presently exists 18 driveways from.South Street. By combining.some access points into Common Driveways the City Engineering .Department..proposes.only 10..additional driveways need be installed for the full.development of South Street for all the 64.parcels with.frontage. Therefore, the City Engineer stated in regard..of..the.request by Mr.. John ' Scheuer for access to South Street that-they-approve-the.-request with the condition that the-driveway iinstalled.be.used as a common-drive . for "the property at 367.Branch Street. If the driveway.is.installed. -at the far west side of Mr...Scheuer's property, it could.be used..for future.development of the adjacent.property thereby"eliminating another.driveway: A.J. Shaw, City Attorney, reviewed the.provisions of Resolution.No. 2596, 1974 Series, a resolution.adopting a_policy of development'along South Street which states that (1) Access onto South Street should be restricted where CITY COUNCIL MINUTES DECEMBER 2, 1975 PAGE THREE alternate means of access are available;.(2).Creation of lots that have'iccess only oii.South.Street. should be.avoided;.(3) Creation.of substandard lots on South-Street should.not be.allowed;.and.(4).Lots having frontage on both South Street and.another street should-not be subdivided, except by the deep lot provisions with all access onto a street other than South Street. It.was his recommendation that-the resolution be followed, or that it be rescinded. On motion of-Councilman Petterson,.seconded by Mayor Schwartz, that.the City Council deny... the request for a variance; that-the property owner explore the possible development.of_a common access.with the neighbor if not possible to.apply for a driveway from.Branch.Street; and finally that the City Council reaffirm its determination in Resolution No. 2596 in limiting access to South Street. Motion carried, Councilman Gurnee absent. Councilman Norris-left the meeting.at 1:00 p.m. On.motiori of Mayor.Schwartz; seconded:by. Councilman:Petterson, the following resolution was introduced: Resolution No. 2937, a resolution authorizing minimum.driveway width.exceptions for multiple family uses between South Street and Branch Street from.BeeBee Street to Broad Street. Passed and .adopted on the following roll call vote: AYES: Councilman.Petterson, Graham, and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee and Norris 11. Wayne _ Peterson presented an-agreement between the City of San Luis 1 Obispo and the'State.Department..of Transportation.covering the installation of median islands between Capitolio Way and Orcutt Road and curb, gutter and sidewalks along Santa Barbara Avenue and requesting I execution of said agreement. On motion of.Councilman.Graham,_ seconded .by._Councilman.Petterson, that the City-Council accept . the agreement and...authorize the Mayor to sign.with the deposit to be:$18,500.' The following.resolution was introduced: Resolution No. 2939,.a resolution of the Council of the City of San Luis Obispo approv- ing agreement.no. 76 -3 with the Department.of Transportation for construction of median islands.on a.portion.of Route.227 (Broad Street). Passed and adopted on the following roll .call vote: AYES: Councilman Petterson, Graham and Mayor Schwartz NOES: None ABSENT: Councilman.Gurnee..and.Norris 13. Communication from William Flory, Director-of Parks..and.Recreation, requesting.approval of additional funds for.installation of gutters and down- spout in the Sinsheimer Buildings, restrooms, pressbox and concession stands, which for some reason.were not included in the original contract and should go in now in order to protect the property. ' Councilman Graham felt that.enough money had been spent on this development at this time and that he would not go for any additional cost or expenditure for this development. Due to a lack of majority on this matter the matter was continued to the next meeting for Council's consideration. CITY COUNCIL.MINUTE8 DECEMBER 2, 1975 PAGE FOUR 14. Request from Joe Guerrero for permission to use Santa Rosa Park on December 6, 1975 for a family reunion for approximately 60 people and he would like to have a limited use of amplified music during their party. On motion of Councilman Petterson, seconded by Mayor Schwartz, the request be approved and that the public address system and amplified music be allowed if kept within reasonable levels. Motion carried. All ayes, Councilmen Gurnee and Norris absent. 15. On motion of Mayor Schwartz, seconded by Councilman Petterson, the following salary step increases were approved for C.E.T.A. employees: Guy H. Bates - Fire Trainee From Step 1 or $600 to Step 2 or $625 Michael Casteneda - Fire Trainee From Step 1 or $600 to Step 2 or $625 Richard A. McConaghay - Fire Trainee From Step 1 or $600 to Step 2 or $625 There being no further business to come before the City Council, the Mayor adjourned the meeting to 7:30 p.m. Monday, December 8, 1975. APPROVED: May 3, 1976 .H. Fitzpatrick, City Clerk 1 1 1