HomeMy WebLinkAbout07/08/1974MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, JULY 8, 1974 - 7:30 P.M.
CITY HALL
Roll Call
' Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse
Norris and Mayor Kenneth E. Schwartz
Absent: None
City Staff
Present: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; A.J. Shaw, Jr., City Attorney; D.F. Romero, City
Engineer; Robert Strong, Planning Director; Wayne Peterson,
Assistant City Engineer
Absent: None
Mass Transportation Committee
Present: Walter Rice, Steven Patterson, and LaVerne Schneider
Absent: None
1. At this time the City Council discussed with the Mass
Transportation Committee the proposed questionaire on bus service which
' was to be distributed throughout the City and also a discussion of the
coordination of the county -wide transportation study.
D.F. Romero, City Engineer, again reviewed for the City Council the
questionnaire that was prepared by the Mass Transportation Committee which
would be handled by students in the Transportation Class at Cal Poly, ques-
tions computerized and reports made available to the various agencies.
Walter Rice, Vice Chairman of the MTC, explained the methodology and the
implementation of the questionnaire as proposed by the Committee.
The City Council, the Mass Transportation Committee members, and staff
discussed the proposal to have the transportation study.made for the City
under direction of the MTC.
On motion of Councilman Gurnee, seconded by .Councilman Brown that the
City Council approve the request of the MTC for the survey and authorize
the expendbture of $1,000. All ayes, no noes.
Walter Rice, Vice Chairman of the Mass Transit Committee, reported to
the City Council on the activities of the county -wide citizens committee
studying the county needs for transportation. He stated that he and Dr.
Jones, the other City representative, did not feel that the county com-
mittee and their consultants were doing an adequate job to make recommen-
dations on various means of transportation within the county. He con-
, tinued that in his opinion, the consultants' approach was not valid to
see what the citizens of San Luis Obispo county,needed or desired.
D.F. Romero, City Engineer, reported that Dr. Jones, the City Representa-
tive to the county committee, had originally.been opposed to the consul-
tant hired by the joint committee and was disappointed in the work being
accomplished under the county contract.
City Council Minutes
July 8, 1974
Page 2
The City Council discussed with members of the MTC what could be done
to get the county -wide transportation study program going again on a
more positive approach.
John Brown, Chairman of the joint city- county area planning coordinating
council, suggested that the Area Planning Coordinating Council meet with
the Transportation Technical Committee for review of the consultants'
contract and work to date.
Councilman Gurnee introduced the following resolution. That the City
Council indicate that they were not pleased with the progress of the
consultants retained by the county -wide citizen studvina the county needs
for transportation, and recommended that the technical committee and the
Area Planning Council meet to review the planning program and further that
the City would withhold funds if progress. was not shown in coordination of
this program, and also -that the City and staff contact Sacramento and see
what effect cancellation of the contract with the consultant would have
on future funds. Motion lost for lack of a second.
On motion of Mayor Schwartz, seconded by Councilman Norris the following
resolution was introduced.
RESOLUTION NO. 2632 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO REQUESTING THE AREA
PLANNING COUNCIL AND THE COUNTY REGIONAL
TRANSPORTATION COMMITTEE TO MEET IN JOINT
SESSION TO STUDY ACTIVITIES OF THE TRANS-
PORTATION CONSULTANT.
Passed and adopted on the following roll call vote:
AYES: Councilmen-iBrown, Graham, Gurnee, Norris and Mayor
Schwartz
NOES: None
ABSENT: None
Walter Rice, Vice Chairman, Mass Transit Committee, brought to the Council's
attention the matter of promoting the bus system in cooperation with the
Promotional Coordinating Committee. He felt that in order to promote the
bus system in the City a concentrated advertising program should be under-
taken by the City. He then asked permission of the City Council to hold
a press conference with all media representatives in order to try to get
cooperation in all public service announcements on radio, television, and
hopefully, in the daily paper. He felt that an advertising or.promotional
program would add riders to the bus system and if this happened they would
reduce the transportation subsidy.
On motion of Councilman Brown seconded by Councilman Graham that the City
Council approve the request for a media luncheon on bus transportation ad-
vertising as recommended by Mr. Rice, motion carried, all ayes, no noes.
2. Robert Strong, Planning Director, asked the.City Council
for direction for appointment of a citizens' advisory group to work with
the Planning Consultant as they brought the general Plan.to completion un-
der the-existing contract. He suggested a "forum" composed of the County
Planning Commission, Airport Law Use Commission and Ad Hoc Resource Inven-
tory Committee, as well as representatives of various other city commit=
tees and interested citizens, to meed with the City Planning Commission.
City Council Minutes
July 8, 1974
Page 3
He recommended that the City Council involve members of presently ap-
pointed advisory boards and committees already familiar with community
problems and potentials, and he suggested that the Council invite these
groups to meet with the Planning Commission - during three or four meetings
regarding the General Plan Revision Program.
The City Council discussed the recommendation of the Planning Director
' for a forum of citizens.to hear the General plan presentations by KDG.
The Mayor suggested that a letter be sent to all Charimen of the citi-
zens' advisory committees to attend the City's Planning Commission meet-
ings to include invitations to representatives of boards and commissions
in addition to members of'the County Planning Commission, Airport Land
Use Commission, and the Ad Hoc Committee on resource _inventory.
On motion of Councilman Brown, seconded by Councilman Graham authorize
the Mayor to tender :invitations s.,on behalf of the Council to take part
in presentations by KDG and other planning consultants. Motion carried,
all ayes, no noes.
3.- At this time the City Council considered current legisla-
tion and took action on the following bills as follows:
On motion of Councilman Brown, seconded by Councilman
Graham that the City Council OPPOSE Senate Bill No. 2408 (Behr)
State L+censina of all Peace Officers. Motion carried, all coun-
cilmen voting aye.
On motion of Mayor Schwartz, seconded by Councilman
Brown that the City Council OPPOSE AB 3135 (Fenton) Fire and Public
Safety Regulations and Organizational Enforcement. Motion carried,
all councilmen voting aye.
' On motion of Councilman Gurnee, seconded by Councilman
Graham that the City Council SUPPORT AB 3159 U 'Berg, etal.) Bev-
erage Containers - Pop -Tops Prohibited. Motion carried, all coun-
cilmen voting aye.
4. . Councilman Gurnee brought the City Councils attention the
action taken on July I, 1974 by the County Board of Supervisors to rezone
forty acres of the Dankey parcel to a manufacturing- industrial classifi-
cation. He informed the-City Council he feels this action had many serious
ramifications for the City, which included:
a. inconsistency of the rezoning with the City's General
Plan,
b. inconsistency of the rezoning with the County's General
Plan,
c. implications on City services and facilities, especially
water and sewer services which the Regional Water Quality
Control-Board was attempting to force the City to pro-
vide in unincorporated areas to the San Luis Creek Re-
gion,
d, the evident lack of control by the City of development
' within its urban reserve.
He submitted for the Council's consideration maps of the General Plan of the
County and also for the City, and also a resolution for the Council's con-
sideration advising the County Board of Supervisors and state'agencies that
the City did not feel obligated to provide water and sewer service to a
forty acre real pro perty parcel recently zoned industrial by the County of
San Luis Obispo, and further requesting that the Attorney General investigate
said rezoning to see if it was in compliance with state law.
City Council Minutes
July 8, 1974
Page 4
A.J. Shaw. City Attorney, presented each member' of the City Council with
a copy of the Government Code, State of California, Section 65860 en-
titled "Consistency of zoning ordinances with general plan; actions to en-
force compliance; amendments."
Robert Strona, Planning Director, reported to the City Council on his pre-
sentation before the County Planning Commission and Board of Supervisors
objecting to the rezoning of the Danley property. He noted that the City ,
requested denial or continuance of the proposal because it was contrary to
the present General-Plan, currently being revised. He had attempted to im-
press the Supervisors with the fact that General Plan revision studies
would provide a complete analysis within a few months and until existing
plan conflicts are resolved, approval of rezoning would tie inconsistent and
premature.
Councilman Norris read from the minutes of the County Board of Supervisors
Meeting which rezoned the Danley property, and submitted reports on the
Board of Supervi sore approvaj of the rezoning:
Councilman Gurnee felt the Council should act tonight to begin the pro-
cedures to stop the completion of the rezoning of the Danley property.•
Councilman Norris, felt that the land around the airport should develop to
industrial uses. He also felt that the existing City General Plan was in-
appropriate for this part of the County area. He also felt that this land
was in the County and was in the area of responsibility of the Board of Su-
pervisors and that the City should respect their opinion. Further, he felt
that the resolution proposed by Councilman Gurnee was inaccurate and fu-11
of half truths and should not be considered for adoption by the City Council.
He also objected to asking the State Attorney General to enforce County zon-
ing ordinances. He would oppose the adoption of the resolution.
Councilman Brown stated that he too was opposed to asking the Attorney
General to come in and enforce County General Plan laws, although he did
agree with conditions of sewer and water extension to the County area, and
would support a portion of the resolution,deaiing with this matter.
Councilman Graham said he would agree to the conditions of the resolution
dealing with the extension of water and sewer. And he would like to con-
tinue consideration until the City General Plan had been amended and up-
dated.
Mayor Schwartz felt that due to the lateness in the hour and also due to-'the
seriousness of this issue, he felt that this should be continued to a re-
gular scheduled City Council meeting so that input could-be received from
the public, enabling the City Council to make an informed decision based
on the public's testimony.
On motion of Mayor Schwartz, seconded by Councilman Brown the matter was
continued to the meeting of July 15, 1974 for further consideration.
..... ....
5. On motion of Councilman Norris, seconded by Councilman
Gurnee the following resolution was introduced:
RESOLUTION NO, 2631 (1974 Series)
A RESOLUTION INCREASING THE 1973 -74 BUDGET.
Passed and adopted on the following roll call vote:
AYES: CouncilmentNorris, Gurnee, Brown, Graham, and Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
July 8, 1974
Page 5
6. At this time the City Council discussed the Volny planned
development on Mill Street, part of Tract 522, dealing with the requirement
which would raise the building floors by 18 inches in order to provide flood
protection.
The City Engineer stated that since no grading was necessary or implied other
than underneath the buildings, the Public Works Department did not condern
itself thereafter with earth work on the site.
Mr. Volny apparently chose to import fill under the building sites and cons-
truct slabs. It had been the long -time understanding between the Building
Department and Public Works Department that earthwork conducted only under
a building would fall under the jurisdiction of the Building Department.
Therefore, soils reports, compaction reports and all other submittals were
made only to the Building Department.
Upon receipt of the Council memorandum of July 3, 1974 the City Engineer
and Chief Building Inspector visited the site and found that the contractor
had placed an excessive amount of fl 11 material near the buildings and had
placed a stockpile of an adobe type of material interspersed with rubble
near the southerly corner of the property. All of this was done without
specific approval from either the Building Department or the Public Works
Department. It appeared that some of the material had been placed within
the public right -of -way and that a number of trees were endangered by
this earthwork.
The Chief Building Inspector, Jack Kellerman had indicated that he would
instruct Mr. Volny to submit an acceptable grading plan or take immediate
corrective measures on this matter.
Councilman Gurnee stated he objected to the activities of the City Engine-
er's office is not enforcing the grading provisions of the Municipal Code.
He then read applicable sections of the Municipal Code dealing with sub-
divisions and grading thereon.
Robert Strong, Planning Director, stated that he agreed with the report
of the City Engineer, Past practice had been that any grading under a
building would be handled by the Building Department and any other on site or
off site grading would be handled or inspected by the Public Works De-
partment.
The City Council discussed with the staff some way of setting a procedure
or getting cooperation between the building inspector and the City En-
gineer on plans and preparation of grading construction development within-
subdivision so that the C 'ity Council did not have to review in detail each
development and each movement of dirt within the City.
Robert Strong, Planning Director, agreed that an improved procedure could
and should be established to coordinate the inspections of both the Public
Works Department and the Building Department, particularly in areas where
responsibilities might overlap such as in the Volny development.
Arnold Volny, developer, reviewed development of his planned development
on Mill Street, stating that the grading in question was basically in ac-
cordance with the approved plans and grading permits of the City.
The staff was instructed to resolve an improved procedure for coordination
of inspection of grading on subdivisions, particularly planned development.
On motion of Councilman Brown, seconded by Councilman Gurnee the meeting
adjourned.
APPROVED: November 4, 1974
.,,� rpatrick, City Clerk