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