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HomeMy WebLinkAbout02/17/19761 u Pledge Roll Call PRESENT: ABSENT: City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 17, 1976 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Councilmen Graham, Norris, Petterson and Mayor Schwartz Councilman Gurnee PRESENT: J.H. Fitzpatrick, Acting Administrative Officer/ City Clerk; A.J. Shaw, City Attorney; Rob Strong, Director of Community Development; D.F. Romero, Director of Public Services; Wayne Peterson, City Engineer; William Flory, Director of Parks and Recreation 1. The City Council held a public hearing to consider the appeal of Dennis Wheeler, on behalf of Taylor Rental Center, from a denial by the Architectural Review Commission of the sign color for Taylor Renter Center at 2790 Broad Street. Rob Strong, Director of Community Development, submitted the report of the Architectural Review Commission in denying a sign proposal. The A.R.C. was in favor of the signs in the single aspect of color of the sign face. They felt the yellow background with black letters when considering the size of the signs and the fact that they were lighted, offered too much contrast would not be appropriate for the site nor the Broad Street frontage. The A.R.C. indicated that a white or lightly colored background would be acceptable. The applicant subsequently submitted an alternate color sample explaining the fact that the color in question was a national trademark.. The A.R.C. upheld their original decision referring to their own guidelines which indicate that stock building plans which represent a national image, are not necessarily acceptable and each sign would be judged on its suitability to a particular site. Therefore, the matter was before the City Council for a decision. John Hines, Franchisee for the Taylor Rental Center, 2790 Broad Street, appeared before the City Council on behalf of his appeal to be allowed to use his company's national trademark color, yellow, on his sign instead of the white with black letters as recommended by the A.R.C. R. Maddalena, A.R.C. Member, spoke on behalf of himself and Jim Kimball, A.R.C. Member, and spoke in support of John Hines' appeal as he felt that the color was adequate and that three members supported the yellow color out of the seven member Architectural Review Commission. He also felt that John Hines had been most cooperative with the City and he hoped the Council would support the appeal on the sign color. Mayor Schwartz declared the public hearing closed. Councilman Norris stated he would support the appeal, felt it was a reasonable request and also felt that John Hines had been most cooperative with the City and he hoped that the Council would support the appeal on the sign color. Mayor Schwartz declared the public hearing closed. Councilman Norris stated he would support the appeal and felt the developer had bent over backwards to cooperate with the City of San Luis Obispo in all their rules and regulations. He felt that the A.R.C. went beyond their capacity in carrying out their responsibility when getting into color of signs. He felt the Council should look into the overall activities of the A.R.C. in the City of San Luis Obispo. City Council Minutes February 17, 1976 Page 2 Councilman Petterson stated, he too, would support the appeal, felt that a franchise operator should be able to use a national trademark sign, felt the sign should be allowed in the colors orginally requested. Councilman Graham stated that he would support the appeal if the property owner would reduce the intensity of the light within the sign. Mayor Schwartz would support the A.R.C. action in requiring white signs with ' black letters. He felt it was wrong for the City Council to reverse the recommendation of the A.R.C. He felt that the City Council should refer the appeal to the A.R.C. to restudy the entire sign matter for Taylor Rentals including the effect of the yellow color in this sign in relation to size and other developments on the site. Councilman Norris objected to further delay in making a simple decision without referring this back to another Council appointed board who are not responsible to the voters. He stated that there was more here than just the color of the size. He felt there was the entire integrity of the A.R.C. operations at stake. Councilman Graham statedithat after hearing discussion, he had changed his mind, and while he still felt that yellow is okay, he would support the Mayor and send it back to the A.R.C. for complete review of the project. Councilman Petterson stated he did not wish to refer this matter back to the A.R.C. due to delay but he felt that the staff should look into size, site distance, etc. and make a decision. On motion of Councilman Petterson, seconded by Councilman Norris, that the City Council uphold the appeal and allow the yellow color with.staff to work out size of sign, detail, etc. to make it work, including site distance, size of letters and intensity of light within the structure. Motion lost on the . following vote: AYES: Councilmen Petterson and Norris NOES: Councilman Graham and Mayor Schwartz ABSENT: None Rob Strong, Director of Community Development felt that Council action in approving yellow and A.R.C. action in sign location felt that the only area of staff contract would be the intensity of the interior lighting. On motion of Mayor Schwartz, seconded by Councilman Graham, that the Council accept the idea of use of the trademark color and refer the request back to the A.R.C. as far as size, height, etc.. without prejudice. Motion carried, all ayes, Councilman Gurnee absent. 2. The City Council held a public hearing on the recommended action of the Planning Commission concerning resource deficiencies (pursuant to provisions of Ordinance No. 604 -A, Level I), regarding request for building .permit to expand San Luis Medical Clinic at 1235 Osos Street, John Ross, architect. ' Rob Strong, Director of Community Development, submitted the Planning Commission's report stating that the deficiencies of this project as follows: e A. The project would not have sufficient water flow for fire protection purposes because of a substandard fire hydrant at Morro and Pacific Streets; and B. The project would contribute sewage to a downstream sewer line in Marsh Street between Chorro and Broad Streets which is operating beyond its theoretical peak flow capacity. The Planning Commission recommended the following: City Council Minutes February 17, 1976 Page 3 A. The applicant be required to replace the existing substandard fire hydrant with a standard hydrant connected to the 8 inch water main in Morro Street; and B. The recommended sewer connection along Pacific Street from Chorro to Garden Street should be accomplished by the City-immediately. The subject development proposal should be issued a building permit only if the City Council is satisfactorily assured, with advise of legal counsel, that the inter - connection can be accomplished prior to proposed occupancy of the building addition. The same sewer deficiency will be affected by the proposed Hilton Inn and must be replaced in any event before the occupancy of that structure. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the project. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Graham, the City Council accept the recommendation of the Planning Commission and A) have the applicant replace the substandard fire hydrant with a substandard hydrant on Morro Street; and B) that the staff be authorized to prepare plans and specifications for manhole connection and to establish a zone of benefit for the improvements. Motion carried, Councilman Gurnee absent. 3. The City Council held a public hearing on the recommendation of the Planning Commission concerning resource deficiencies (pursuant to provisions of Ordinance No. 604 -A, Level II) regarding request for building permit for 4 apartment units at 1450 Madonna Road, R.L. Swett, applicant. 1 The deficiency.consisted of the fact that the project would be located beyond the fire department's 4 minute response time. The Planning Commission recommended that the City structure would require, pursuant to the City Fire Code, one of the following compensatory building provisions: 1. One hour construction for area separation; or 2. A complete heat and smoke detection system. Also, the Planning.Commission recommended-that the City Council acknowledge that a fire station was planned for the Laguna Lake area to remove it from beyond the 4 minute response area. Mayor Schwartz declared the public hearing open. No one appeared before.the City Council for or against the project. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Graham, that the City Council accept the recommendation of the Planning Commission and allow the developer under the City Fire Code to either construct one hour construction for area separation and install a complete heat and detection system. Motion carried, all ayes, Councilman Gurnee absent. 4 -A Memorandum from Rob Strong, Director of Community Development, regarding a proposal from the residents of the Lakewood Tract for use of a portion of school district property adjacent.—to Vicente Drive to be developed as a park facility with the cooperation and financial support of the City of San Luis Obispo. 4 -B Memorandum from Councilman Norris on prior council action, including the minutes of the meeting of-November 18,.1974 when the City Council agreed to list the land on the City's inventory of park acreage for insurance purposes with the understanding that the present plan is for the neighbor- hood to provide capital funds and maintenance for the facility. The proposal was withdrawn at the request of the proponents. City Council Minutes February 17, 1976 Page 4 On motion of Councilman Norris, seconded by Councilman Petterson, the request for withdrawal was approved. Motion carried, all ayes, Councilman Gurnee absent. 5. The City Council again considered the draft of the proposed revised Grading Ordinance for the City of San Luis Obispo as amended through February 10, 1976. ' Rob Strong, Director of Community Development, described the coordinated efforts to date to prepare a grading ordinance for the City of San Luis Obispo which would be fair and equitable and easily understood by both the developers and the City staff. Mayor Schwartz explained that the purpose of the ordinance was to place all items dealing with excavation and grading within one section of the Municipal Code for full knowledge of all who would use the code in the future. Mayor Schwartz declared the public hearing open. A.J. Shaw, City Attorney, submitted for the City Council's consideration revisions of the proposed grading ordinance since the last Council meeting and reviewed them section by section. The City Council, staff, and Mike DeNeve, representing the Building Contractor's Association, reviewed the proposed ordinance page by page, including the sections submitted by the City Attorney. Councilman Norris stated that he objected strenuously to the City Attorney and his staff submitting recommendations and interpretations of the proposed grading ordinance after the close of the agenda. He felt that this was an unfair tactic by the City Attorney, that he personally did not appreciate it and felt that this information should have been made available to the ' full City staff, City Council and the public prior to the public meetings. No one other than the participants previously mentioned discussed the proposed ordinance or appeared for or against the ordinance. On motion of Councilman Petterson, seconded by Councilman Graham, the exca- vation and grading ordinance was introduced: Ordinance No. 663 (1976 Series), an ordinance of the City of San Luis Obispo amending certain provisions of the Municipal Code related to excavation and grading,'adding Article IX, Chapter 4 to the Municipal Code and repealing certain previous Municipal Code provisions concerning excavation and grading. Introduced and passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee 6. Council consideration of Resolution No. 2656 (1974 Series), a resolution of the Council of the City of San Luis Obispo expressing the Council's intention to initiate abandonment proceedings for portions of Sierra Wes, George Street, and Iris Street. On motion of Councilman Petterson, seconded by Councilman Graham, the matter was continued March 15, 1976. Motion carried, all ayes, Councilman Gurnee absent. 8:55 p.m. Mayor Schwartz declared a recess. 9:10 p.m. The Council reconvened with all present except Councilman Gurnee. 7. The City Council considered a recommendation of the Community Develop- ment Department recommending the approval of Minor Subdivision No. 435, Ronald Benzer, applicant, 1321 Los Osos Valley Road. Q. City Council Minutes February 17, 1976 Page 5 Staff recommended the approval of the proposed Minor Subdivision subject to the following conditions: 1. No access shall be permitted from Parcel "B" on to Los Osos Valley Road; 2. All new property corners shall be permanently staked; ' 3. A 10 ft. wide easement shall be provided centered over the existing sewer line from the church to the north where it crosses on Parcel "A "; 4. The applicant shall modify the proposed lot line for Parcel "A" to provide sufficient area to comply with code requirements; 5. The applicant shall modify the tentative map to indicate the location of the existing Irish Hills Hamlets buildings; 6. Street tree fees shall be paid for both parcels; 7. Recreation in lieu fees shall be paid for Parcel "B" prior to the filing of the Final Map. This condition shall be subject to a concurring inter- pretation of the Quimby Act by the City Attorney; and 8. All property owners shall sign the Final Map. A.J. Shaw, City Attorney, informed the City Council that the conditions of the park -in -lieu fees did not apply to Parcel "A" but that they did apply to Parcel "B" as the units are built on.the parcel. However, the collection of the fees must be postponed until the number of units to be constructed on Parcel "B" are developed. On motion of Councilman Graham, seconded by Councilman Petterson, that the City Council approve the tentative map of Tract #435, including the 8 condi- tions established above. Motion carried, all ayes, Councilman Gurnee absent. 8. Communication from the Design Review Board requesting Council consid- eration of retaining Richard Taylor, landscape architect, to prepare schematics for the extension of the Mission Plaza between.Broad Street and Nipomo Street. Richard Taylor was the landscape architect who prepared the original plans for the Mission Plaza and also the extensions to date. J.H. Fitzpatrick, Acting Administrative Officer, reported that there are funds in the amount of $20,000 available for.the Mission Area Study Plan. Councilman Norris questioned going outside the City for an architect when there are excellent architects in the City of San Luis Obispo who would be most happy to work for the City on this project. Mayor Schwartz stated that he endorsed the recommendation of the Design Review Board and would support the retaining of Richard Taylor to continue the excellent work he has done in design of the Mission Plaza. Councilman Petterson stated that he objected to spending public funds for an additional study. He listed what he felt were other demands on City funds rather than more Mission Plaza: 1. Fire Station at Los Osos Valley Road; 2. Expansion of the Sewer Plant; 3. A decision on the Golf Course Purchase; 4. The purchase of necessary fire trucks; and 5. What work is going to be done on flood control within the-City of San Luis Obispo. City Council Minutes February 17, 1976 Page 6 He suggested that this matter be continued to this year's study session for the budget as he felt the current proposal did not include the additional cost of maintaining a much larger Mission Plaza. Mayor Schwartz stated he felt that the Council had approved these expenditures for preliminary studies when this 1975/76 budget was approved, that everyone had agreed that they would extend the Mission Plaza down to Nipomo Street. ' Councilman Norris moved that the matter be referred back to staff to comply with the recently adopted policy on the hiring of consultants by the City. Motion lost for lack of a second. On motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council accept the recommendation of the Design Review Board and authorize the Mayor to execute a letter contract with Richard Taylor for expansion of the Mission Plaza,.an expenditure of up to $2,500. Motion carried on the following roll call vote: AYES: Councilmen Petterson, Graham and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Gurnee 9. Ellis Barreda, owner /manager of the Sunbeam Motel, 1656 Monterey Street, appeared before the City Council objecting to the conditions of Resolution No. 2901, which required that he place curb and gutter in front of his motel and to close a driveway ramp which now is used by the motel. He objected'to the cost of close to $500 to close off this driveway ramp which he felt is only now being used for public parking by motorists using the pay phone at the motel. He stated that he did not receive the original notice but upon notification by the City Clerk he sent an objection to the City Council but apparently it was misplaced along the way and this was his first opportunity to appear and he asked the Council's consideration in this matter. The City Council consented to reconsider the action previously taken under Resolution No. 2901. Councilman Norris stated he supported the prior.-action of.the City Council and while he was sorry that the City did not receive Mt. Barreda's original objection, he felt that the purpose of the Council's action was to increase available sidewalk parking in the City. Mayor Schwartz suggested that due to a lack of parking in the area, that this driveway ramp should be removed and felt that the curb cut should be replaced by curb and gutter, but he suggested as a compromise that this matter be con- tinued for three years. On motion of Mayor Schwartz, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 2933, a resolution of the Council of the City of San Luis Obispo amending Resolution No. 2933 (1975 Series) requiring the removal of certain driveway ramps at 1656 Monterey Street and that said requirement may be delayed for a three year period before further consideration. Passed and adopted on the following roll call vote: AYES: Councilman Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee City Council Minutes February 17, 1976 Page 7 10. Communication from the Central Rehabilitation Clinic, Inc., request- ing that the City Council consider a grant proposal in the amount of $2,912 to help underwrite part of the operating costs for the first year's operation of the Van Project for Central Rehabilitation Clinic. The Van Project would provide transportation for wheelchair patients, and those with acute= ambu.la- tory problems to medical and rehabilitation services citywide and countywide. Equipment for the project would be purchased with money awarded the Clinic from the Community Project Fund monies of the County Supervisors and the additional funds from the City would be for operating expenses. Orloff Miller, Human Relations Commission's Coordinator, presented the recommend- ation of the Human Relations Commission that the City Council endorse the grant of $2,912 and that it be allocated in one lump sum from the H.R.C.'s 1975/76 budget. Allen Ross, Vice Chairperson, California Rehabilitation Clinic, appeared before the City Council on behalf of the C.R.C.'s request for operating funds for their Van Project. The City Council discussed with representatives of the C.R.C., their proposal and the people whom they would serve with their project. Councilman Petterson stated that he would support this project, that he felt it was a needed service in the City, but did not know if the share requested was the proper pro -rata share of the City's and County's government. Councilman Graham stated he was in full support and would approve any recommendation of the Human Relations Commission. - Councilman Norris agreed and felt that the City should pay 4 months now and 8 months in next year's budget. ' Mayor Schwartz stated he was in support, felt that this was a need for the City, and also would support the request of the Human Relations Commission. Orloff Miller felt that the full payment should be given now so that the C.R.C. would know how to budget their funds for operation. On motion of Councilman Norris, seconded by Councilman Graham, that the City Council approve the recommendation of the Human Relations Commission and that a grant of $2,912 be taken from the H.R.C. budget with the staff to work out the method of payments. Motion carried, all ayes, Councilman Gurnee absent. 11. Wayne Peterson, City Engineer,.submitted a report requested by the Council dealing with the Flora Street extension. He submitted for the Council's consideration 4 plans showing various alignments of .Flora Street through to Southwood Drive, through the church property, through the school district property and a portion through the Roger Brown property. He stated that the Church of the Nazarene would support Plan "D" provided that the City agreed to purchase the 6 foot strip on Southwood Drive from Leonard Blaser, also the City would agree not to require improvements on Flora Street or Southwood Drive until the adjacent property is developed. The Church is not asking for the 6 foot strip, only the purchase by the City so that their frontage would be unimpaired. He also stated that he had contacted the Coastal Unified School District and he found that they would be very cooper- ' aive in a future alignment of Flora Street. D.F. Romero, Director of Public Services, stated that for many years, Plan "A" as submitted had been the City's long range plan for the extension of Flora Street and has been shown on City maps long before the development of the residential area or the construction of the Church. John Smee, Chairman of the Board of Trustees for the Church of the Nazarene, spoke in support of Plan "D ", also of their offer to cooperate, and finally, City Council Minutes February 17, 1976 - Page 8 that they are in a position they would furnish bond,..if- necessary, to show good faith in complying with plans -and specifications to complete the parking facilities and improvements of Southwood, curbs and gutters adjoining the property of their church being developed. Rob Strong, Director of Community Development, spoke in support of Plan "A" and listed the weak.points of Plans "B ", "C" and "D ". Councilman Norris moved that the City Council order the issuance of the building permit to the church, the City take-- steps to acquire the 6' of land on Southwood Drive and approve Plan "D" for Flora Street extension and that the City start negotiating with Roger Brown for acquisition of. all portions of Lot 25. Motion lost for lack of a second. On motion of Mayor Schwartz, seconded by Councilman Petterson, that 1) City Council adopt Flora Street Extension, Plan "D "; 2) City of San Luis Obispo acquire-the 6'.strip along Southwood Drive by condemnation if necessary; 3) City of San Luis Obispo acquire Lot 25, Tract 471 from Roger Brown for Flora Street Extension by condemnation, if necessary; 4) Church of the Nazarene to install curb, gutter-and-sidewalk along Southwood Drive after acquisition.by the City; 5) Utility easement and emergency access along alignment of Plan "D "; 6) Future improvements on new Flora Street alignment subject to be installed subject to the following, whichever comes first A)-improvements on Church Property or B) improvements on the east side of:Flora Street as extended; 7) City to issue building permit for expansion of sanctuary subject to the Church filing bonds to guarantee compliance with permit conditions to complete parking facilities and improve- ments of curb, gutter and sidewalks on Southwood Drive. Motion carried on the following roll call vote: AYES: Councilmen Petterson, Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee CONSENT ITEMS: C -1 On motion of Councilman Petterson, seconded by Mayor Schwartz, claims against the City for the month of February, 1976 were approved subject to the approval of the Administrative Officer. C -2 On motion of Councilman Petterson, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 2997, a resolution increasing the 1975 -76 budget adding additional unbudgeted - monies to main - tenance acount no. 80 -01- 4008 =100 to cover costs of contract work for the Police Department. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -3 On motion of Councilman Petterson, seconded by Mayor Schwartz, that the following resolution be introduced: Resolution No. 2998, a resolution increasing the 1975 -76 budget by $659:39 for Santa Rosa - Foothill signal improvement project. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee City Council Minutes February 17, 1976 Page 9 C -4 On motion of Councilman Petterson, seconded by Mayor Schwartz, that claim against the City by Walter Park of Russell's Restaurant, for damages incurred when raw sewage backed up into the restaurant, was denied and referred to the insurance carrier. Motion carried, all ayes. C -5 On motion of Councilman Petterson, seconded by Mayor Schwartz, that the following salary step increases were approved and ordered paid: Daryl G. Andrews - Police Officer From Step 4 or $1130 to Step 5 or $1192 Randall S. McMillan - Fireman From Step I or $900 to Step 2 or $952 Donald W. Pratt - Police Officer From Step 3 or $1072 to Step 4 or $1130 Myron A. Torik - Maintenance Man II From Step 2 or $794 to Step 3 or $842 C -6 The City Council appointed the following members to the Ad Hoc Charter Committee. Mayor Schwartz nominated Ella Todd, Councilman Graham nominated Mary Rhodes, Councilman Norris nominated Robert Leitcher, Councilman Petterson nominated Harry Morris, the Citizens Advisory Committee nominated Foster Gruber and Dean Miller and upon Councilman.Gurnee's return the City, he would nominate one member. On motion of Councilman Petterson, seconded by Mayor Schwartz,.that the nominations be approved. Motion carried, all ayes, Councilman Gurnee absent. ' C -7 Communication from the Promotional Coordinating Committee recommending a grant of $3,260 to Poly Royal Committee to promote the 1976 Poly Royal was continued to the City Council meeting of March 1, 1976 when the Promotional Coordinating Committee was to submit a long range plan for funding as requested by the City Council on January 19, 1976. Motion carried. C -8 On motion of Councilman Petterson, seconded by Mayor Schwartz, that the communication from the Bicentennial Committee endorsing the De Anza Trek thru San Luis Obispo and concuring in the recommended expenditure of up to $500 of promotional funds for that purpose was ordered received and filed. Motion carried. On motion of Councilman Petterson, seconded by Councilman Graham, the meeting adjourned to 12:10 p.m., Wednesday, February 18, 1976. Motion carried, all ayes, Councilman Gurnee absent. APPROVED: NOVEMBER 16, 1976 G��A =K`�� J `Fitzpatrick, City Clerk 1