HomeMy WebLinkAbout04/05/1976M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, APRIL.5, 1976 - 7:00 P.M.
COUNCIL CHAMBERS, CITY.HALL
Pledge -
Roll Call
Councilmen
PRESENT: T. Keith Gurnee, Myron Graham, Jesse Norris, Steve Petterson 1
and Mayor Kenneth Schwartz
ABSENT: None
City Staff
.PRESENT:..J.H. Fitzpatrick, Acting City Administrator /City Clerk; Dave
Romero, Director of Public Services; Rob Strong, Community
Development Director; Wayne Peterson, City Engineer; Robert Mote,
Utilities Engineer /Superintendent; Rudy Muravez, Finance Director
1. The City Council held a public hearing on the recommendation of-the-
Planning Commission regarding a Resource Deficiency, Ordinance 604 =A, -Level 2,
regarding request for use permit for retail sales office at 3035 Broad Street,
Terry Sanders, applicant.
Rob Strong, Community Development Director, presented the recommendation of the
Planning Commission stating that the project was located in the C -H -S zone, but
is designed on the adopted general plan as residential, multiple family, not to
exceed 10- dwelling units per acre. The project as a commercial land use is
inconsistent with the.- general plan and thereby a general deficiency as identified
in criteria adopted as part of Ordinance 604 -A. General deficiencies require
reporting only and do not contemplate withholding any permit or entitlement.
The Planning Commission recommended that the proposed General Plan varies from
the adopted General Plan inasmuch as the proposed plan specifies a service
commercial /light industrial land use for the subject area. Staff recommended
that the deficiency be noted on the resource maps and no other action be taken.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposal.
Mayor Schwartz declared the public hearing closed.
Councilman Gurnee stated that he, objected in principle in that this proposal
was inconsistent with the existing general plan. He also objected to the staff
using the proposed 1976 general plan as a guide for their own convenience.
Councilman Graham agreed with Councilman Gurnee's comments.
Councilman Norris stated that he felt the proposed 1976 General Plan was much
better than that adopted in 1972.
On motion of Councilman Petterson, seconded by Councilman Norris, that.the
City Council accept the Planning Commission's recommendation. Motion carried I
with Councilman Gurnee voting no:
2. At this time the City Council held a public hearing on the recommendation
of the Planning Commission to rezone 1055 Los Osos Valley Road from R -1 to PD -R -1
to construct 20 single- family homes, William E. Baker., applicant. PD #0538.
City Council Minutes
April 5, 1976
Page 2
Rob Strong presented the recommendation of the- Planning Commission stating
that the Planning Commission approved the tentative map of Tract 85 and the
rezoning from R -1 to PD -R -1 for the following reasons:
1) The project as proposed will not have a substantial adverse
effect upon the environment or the surrounding neighborhood.
2) The project is in conformity with the adopted general plan and
the general plan revision currently under consideration.
3) The project will not overburden the existing municipal services.
4) The project as proposed complies with the intent of the zoning
ordinance as it relates to the specifications for planned -unit
development by providing professionally maintained landscaping,
significant landscape buffers and innovative design solutions.
5) The project has been reviewed by the Architectural Review Commission
and received schematic approval of site layout, landscaping and
building design.
Mayor Schwartz declared the public hearing open.
Mr. Deasy, representing Meyer, Merriam Associates (representing the developer),
stated he was in support of the rezoning and stated he was available to answer
any quest -ions of the council, also that they supported the recommendation of.the
Planning Commission.
Mayor Schwartz declared the public hearing closed.
City'Clerk presented a letter from R.A. Bluske, 1022 Cortez Crt., Lot 3,
adjacent to the property in question, objecting to the rezoning.
' On motion of Councilman Graham, seconded by Councilman Petterson, the following
.w
ordinance-.as introduced: Ordinance No. 667 (1976 Series), an ordinance
amending the official zone map of the City of San Luis Obispo to rezone property
at 1055 Los Osos Valley Road.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Graham, Petterson, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
Rob Strong, Community Development Director, then presented the recommendation
of the Planning Commission recommending that the council approve the Tentative
Tract Map No. 585, William Baker, applicant, 1055 Los Osos Valley Road, for
20 single - family lots.
The Planning Commission recommended that the City Council approve the tentative
map subject to the following conditions:
1) The project shall receive approval by the A.R.C.
2) The CC & R's shall be subject to the approval of the City Attorney.
3) All common landscape areas shall be professionally maintained. The
CC & R's shall indicate that if the Home Owners' Association fails to
provide adequate maintenance to assure the common areas are kept in an
orderly manner and that all plant materials contained therein are live
and healthy, the City Hall upon notification, shall assume maintenance
responsibilities for the common areas and assess the Association for all
costs incurred.
4) Water and sewer lines serving this project shall be public and
constructed to City Standards in a public utilities easement. Such
easements may be located under a private driveway or common area free
from permanent obstructions. Water and sewer lines shall be separated
a minimum of 10 ft.
City Council Minutes
April 5, 1976
Page 3
5) The applicant shall provide a soils and geology report for review
prior to the submission of the final map.
6) The structural section of the proposed private streets shall be
approved by the City Engineer.
7) Parking shall be allowed in designated spaces only. The CC & R shall
provide "towaway upon complaine'provision.
8. The CC & R,,'s shall prohibit parking of recreational vehicles, boats,
campers, motor homes or storage of other vehicles except in designated
spaces approved by the A.R.C. as part of a final review. Such space
shall be indicated on the approved precise plans.
9) The developer shall pay in -lieu park land dedication fees as determined
by the formula provided in the San Luis Obispo Subdivision Regulations.
10) The developer shall provide street trees at a ratio of one tree.per
40 lineal ft. of street frontage including private streets. Such
trees shall be indicated on the precise landscaping plan, installed
prior to occupancy of any structure and guaranteed for one year from
issuance of the last certificate of occupancy.
Mayor Schwartz declared the public hearing on the tentative map open.
No one appeared for or against the proposal.
Mayor Schwartz declared.:the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham, the City
Council approved the tentative map for tract 585, including.the 10 conditions
recommended by the Planning Commission. Motion carried.
3. At this time the City Council held a public hearing on the recommendation
of the Planning Commission to consider amending the zoning ordinance, Section
9200.16.1 (Parking and Driveway Regulations) and to modify standards for
design of parking lots and driveways.
Rob Strong, Community Development Director,.presented for the council's
consideration, the staff's proposed revision to the city's parking and
driveway standards in a memorandum.:to. the Planning Commission.
The Planning Commission endorsed these and passed Resolution 882 -76 recommending
that the City Council adopt the new regulations. The proposed standards reflect
the combined efforts of the Community Development and Public Services Department.
If the regulations as proposed are acceptable to the council, the staff and
attorney should be instructed to prepare appropriate code revision and design
standards and specifications for final council consideration.
Rob Strong stated that the primary changes from the existing Municipal Code are:
1) Increased structural section requirement for large lots or large
traverse by refuse disposal truck.
2) Requirements for trash enclosures.
3) Interior landscaping requirements.
4) Allowance for tandem parking in conjunction with remodeling of
single - family residences.
5) Requirements for parking lot construction permit.
6) Abandonment driveway provisions.
7) Common driveway criteria.
City Council Minutes
April S, 1976
Page 4
He concluded by saying that these were the first of several anticipated
modifications of the ordinance which relates to parking facilities, design
standards and standards for the number-of spaces to be provided. Other
revisions anticipated by the staff include:
a) Compact car standards and allowance in large lots.
b) Provisions for shared use of parking facilities and allowance
for multi -use.
c) Revisions of the parking provision standards in all zones including
the C -2 zone.:
d) Provisions for payment of in -lieu fees for parking deficiencies within
the parking assessment districts.
Mayor Schwartz declared the public hearing open.
Ron_Dunin, Chairman of the Business Improvement Area, stated that they were un-
able to discuss the proposal, particularly as it applies to the C -2 zone due to
the lack of a public notice of the meeting and of the conditions proposed by the
planning staff. He urged the council to at least have the information made
available so that he could present these to the Board of Directors of the B.I.A.
Mayor Schwartz declared the public hearing closed.
The council continued the proposed changes to a study session after notice to
all interested groups in the city; architects, developers, landowners, etc.
4. Continued public hearing on the proposed dwelling -unit construction tax
ordinance for park purposes.
Rob Strong, Community Development Director, again reviewed the reason the staff
was recommending the residential construction tax.in an attempt to defray the
cost for neighborhood and community and recreational facilities caused by
additional growth and development within the community.
Rob Strong continued that the staff had met with representatives of the Environ-
mental Center of San Luis Obispo, Contractors' Association, C.E.B.E.S., Arnold
Volney, Dennis Wheeler and Vern Dillon Developers and several others in special
office appointments. Everything from the present fiscal problems to the
necessity of parks, water conservation vs. irrigation, priority of other improve-
ments, alternative sources of recreation revenues, and how the city might raise
or eDp end the new funds to benefit the present residents rather than new develop-
ments were discussed at the meeting. He reported that no concensus was reached.
New taxes, particularly which increase initial cost of residential developments
are not popular with the people who will have to pay them, despite the fact that
the promoter - developer will obviously tend to pass the cost on to a new purchaser.
All participants in the various meetings-::seemed to agree that the Quimby Act
Provisions are both inequitable and inadequate, but most suggest bond issues or
increased property taxes to finance recreation.�improvements if really needed.
Therefore, the Community Development staff remains convinced that park acquisi-
tion and improvements would be needed andthateach new dwelling whether single -
family, apartment, mobile home, or other housing types, will contribute to :._
increasing the present need and they urged the City Council to adopt a proposed
construction tax ordinance.
Mayor Schwartz declared the public hearing open.
John Ross, Architect, stated that due to the timing of the receipt of the proposed
fees, the local chapter of the AIA had been unable to meet and either support or
oppose the tax. He did not question the need for parks in the city, but hoped the
council had kept in mind the perpetual maintenance cost of new park development.
City Council Minutes
April 5, 1976
Page 5
Stanley Kreger, mobile homes resident, opposed the new tax on residential
units as he felt it hurt persons living in mobile home parks the most, as.
they already pay for recreational services in the mobile home park:
Mike DeNeve, Manager of County Building and Contractors' Association, objected
to the imposition of an additional tax on new dwellings in San Luis Obispo which
he felt makes it further impossible for people to buy, rent or lease a place to
live. He questioned the suspicious statistics presented to the council on
existing park land available for recreation.
Mayor Schwartz declared the public hearing closed.
Councilman Petterson stated that he was opposed to adding a new tax on the
citizens of the city. He felt the city could never afford to supply and main-
tain the parks and recreation that the professional planners and park people
want. He felt rather than buy more park land, the city should take care of
the park lands it now owns and develop.:o the facilities on property owned rather
than get new .land. He felt such facilities such as swimming pools, tennis
courts, gymnasiums, etc. should be added to existing- facilities rather than
proliferate poorly maintained, inadequately developed - parks.
Councilman Graham stated he was in support of more money for parks and recreational
development. He felt this was one area that the city has been very slow and
deficient in developing. He felt recreation facilities in the city were very poor
and he felt that the dwelling -unit tax was better than raising property taxes on
all the people in the community.
Councilman Gurnee stated that he was in support on the principle of the tax to make
people who created the need for parks pay for them. He also agreed that the city
should take care of the improved park land that city has with better facilities.
He was opposed to earmarking any of these funds for purchasing of land. He felt
it should be used for maintenance and development of existing properties.
Councilman Norris felt there were too many unresolved questions involved in the
proposed construction tax. He would oppose this tax until all the questions
had been settleito his personal satisfaction.
Mayor Schwartz felt the proposed tax was equitable and that it required new
residents to pay their share of park acquisition and development cost instead
of forcing old -time residents to continue to pay taxes supplying parks for new
people. He also felt that' =the City of San Luis Obispo should upgrade the
standards for park acquisition and development of facilities. He felt that
the proposed ordinance was a reasonable start to acquire park land for the city
and he would support the ordinance.
On motion of Mayor Schwartz, seconded by Councilman Graham, the following
ordinance was introduced: Ordinance No. 668 (1976 Series), an ordinance of
the City of San Luis Obispo amending the Municipal Code by adding Article II,
Chapter 5, Part III, Dwelling Unit Construction Tax to the Municipal Code.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES:, Councilman Norris
ABSENT: None
5. At this time the City Council considered the communication from B.I.A.
stating that during the course of the program to find more parking spaces for
customers, the Great Western Savings and Loan had agreed to lease 21- spaces at
the corner of Marsh and Chorro Street for customer 2 -hour parking. They
stated the lot was presently leased on a.monthly basis, however, due to the
proximity of downtown, the B.I.A. believed that this lot could better be
utilized as a 2 -hour lot rather than leased monthly. The lease arrangements
have been provided to the city attorney and are as follows:
C
1
L 17
City Council Minutes
April 5, 1976
Page 6
A) If the lot would be leased for a one -year period with option to renew
annually. A cost of $12 per space would partially be returned by
income received by installing 2 -hour meters on the lot and the balance
would be paid by the B.I.A.
B) The City would be responsible for installation of the meters and to
provide a sign stating a City parking lot.
C) The City to provide a lease to Mr. Henderson, Great Western Savings
and Loan Association for approval by his head office. Approximately
60 -days are required after the loan is approved for notice to the present
tenants to vacate the lot.
David F. .Romero, Public Service.-Director, stated that if the City Council
agreed to the B.I.A. proposal to convert the parking lot to metered 2 -hour
spaces under normal City operation, the following modifications would be
required:
1) The driveway to Marsh Street will either have to be removed and
replaced with standard curb and sidewalk, or chained off to prevent
access, otherwise there would be a loss of two spaces from the 21
space potential of the site.
2) The private parking signs must be removed and delivered to Great
Western.
3) Painting on the two driveways and on the wheel stops must be removed
or painted over.
4) Two new wheel stops must be installed if the spaces at the Marsh Street
driveway are to be used.
5) City standard parking lot signs must be purchased and installed.
6) All wheel stops along the Marsh Street frontage of the property
must be re -set approximately 6" further back from the sidewalk
in order that bumpers will clear pedestrians.
7) 21- meters and post must be installed.
8) Some minor additional planting must be made in the planter.
He estimates the total cost of the work to be done by the city to be $1,180.00.
He felt the city should also consider that the lot will have to be returned to
its original condition upon completion of the lease.
Mayor Schwartz declared the public hearing open.
Frank Warden,.representing B.I.A. - Parking Committee Chairman, supported the
recommendations of the B.I.A. and the Downtown Association. He also explained
the ongoing program of trying to lease lots on the peripheries of downtown to
rent to employers and employees in order to clear parking meter zones for
customers.
The City Council discussed at length with
representatives, their recommendations.
Mayor Schwartz declared the public hearin
Councilman Gurnee felt there was need for
downtown area so they could park in front
association should provide bus passes for
the Downtown Association and B.I.A.
closed.
permits for residents in the
of homes and felt that the downtown
their employees:
Councilman Norris was opposed.to change in the 1 -hour meter limit and also
opposed the eliminating of green spaces.
City Council Minutes
April.5, 1976
Page 7
Councilman Petterson would support recommendations for comprehensive parking
plans.
Councilman Graham would support all recommendations while not enthusiastically,
but for a comprehensive parking program. .
Mayor Schwartz would support recommendation in general.
On motion of Mayor.Schwartz, seconded by Councilman Graham, the City Council
approve the recommendation and the staff authorized to proceed.
On motion of Mayor Schwartz, seconded by Councilman Graham, the following
resolution was introduced: Resolution No. 3023 (1976 Series), a resolution
of the Council of the City of San Luis Obispo rescinding short -time parking
spaces, modifying meter rates and hours, adding additional meters, eliminating
monthly parking permits and adding unmetered short -time parking spaces in the
downtown area.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Graham, Norris, Petterson
NOES: Councilman Gurnee
ABSENT: None
On motion of Councilman Norris, seconded by Councilman Gurnee, the City Council
endorsed the proposal of the B.I.A. to lease the Great Wester Lot, and authorized
the city staff to cooperate. Motion carried.
6. R.G. Mote, Utilities Engineer, submitted a communication from the
bonding attorneys regarding the petition received by the City Council for the
establishment of a special assessment district to improve the McMillan Avenue
area with sanitary - sewers. He continued that since the filing of the petition,
the city has received request from one more property owner to be included in
the district and that the bond attorneys agreed. The district boundaries are
being revised to reflect the addition-.of not only the requested parcels, but
also the Southern Pacific Railroad parcel on the north side of Morrison Avenue.
Robert Mote continued that if we proceeded at once with this project it appeared
that they could be in construction and completed possibly by October. If the
council wished to proceed, they would have to adopt three resolutions to formally
initiate the project:
1) A resolution to undertake proceedings and proceed without investigation
act.
2) A resolution appointing engineer and attorney.
3) A resolution of intention.
The City Clerk /Acting Administrative Officer, presented the following resolutions
from the bonding attorney for the council's consideration:
On motion of Councilman Petterson, seconded by Councilman Graham, the following
resolution was introduced: Resolution No. 3024 (1976 Series), a resolution
of preliminary determination and intention to acquire and construct improvements.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee.and:-Mayor Schwartz
NOES: Councilman Norris
ABSENT: None
City Council Minutes
April 5, 1976
Page 8 .
On motion of Councilman Petterson, seconded by Councilman Graham, the following
resolution was introduced: Resolution No. 3025 (1976 Series), a resolution
appointing engineer and attorneys for the McMillan Sewer Assessment District.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee and Mayor Schwartz
NOES: Councilman Norris
ABSENT: None
7. Communication from Erling 0. Edvards, regarding the council's.approval
of the elimination of the island at Monterey and Garfield. .(Continued from
the council.meeting of March 15, 1976).
Erling Edvards stated that the six business establishments concerned feel that:
1) The present sidewalk should remain.
2) The one exit from the Standard Station should be blocked off and
extend the sidewalk from Garfield to Monterey Street only, so the
landscape will have a more beautiful effect. Therefore, a sidewalk
along the outer perimeter along Monterey Street should not be
necessary but would only minimize the amount of landscaping beauty.
3) The present stop sign on Garfield should be moved.to the opposite
side of Garfield and Buena Vista and of course, the stop sign on
Garfield and Monterey should remain on the new landscaping.
4) Also,.the area shown on the modified map indicating widening of
Monterey Street, which should be done at this time with "NO PARKING
AT ANY TIME" near landscaping. The widening would make it easier for
large trucks to make the 90 degree turn on Monterey Street.
5) The telephone pole adjoining the curb on the present island should
be moved westward by the utility company.
Wayne Peterson, City Engineer, presented a map of the staff's recommended curb
alignment on Monterey Street that would be constructed by the adjacent property
owners as approved by the City Council. It was the staff's recommendation that
property owners construct curb, gutter and sidewalk in the alignment shown and
that no driveway ramps be constructed across the new improvement.
Staff also did not feel that "no parking" restrictions were required at this time
on Monterey Street as indicated in the Edvards' letter and the staff had no
recommendations for or against the disposition of the existing sidewalks, but
feel that it should be adjusted as necessary to conform properly with the new
sidewalk.
After discussion by the City Council and the property owners involved, it was
moved by Mayor Schwartz, seconded by Councilman Petterson, that the sidewalks
be placed along Monterey Street and take up the old sidewalks and refer the
stop sign problems and "no parking" matters to the Traffic Committee.
Motion carried, all ayes.
8. Request of the.developer of Tract 467, Unit II, asking'for acceptance-by
the city of sewer and water facilities within this tract. (Continued from the
prior council meeting). Request was recommended for approval by the City
Engineer.
Developer stated that the City Engineer had inspected the property and all the
work had been completed according to the plans and specifications filed by the
developer's engineer.
On motion of Councilman Petterson, seconded by Councilman Graham, the following
resolution was introduced: Resolution No. 3026 (1976 Series), a resolution of
the Council of the City of.San Luis Obispo accepting the off -site improvements
in Tract 467, Unit II, Los Verdes Park (Warren Dolezal, developer).
Passed and adopted on the following roll call vote:
City Council Minutes
April 5, 1976
Page 9
AYES: Councilmen Petterson, Graham, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
9. Orloff Miller, Coordinator for the Human Relations Commission, stated that at
the March 3, 1976 meeting of the A.R.C., the A.R.C. took the following action:
"that the H.R.C. recommend to the City Council, as soon
possible, approval of the $5,248 grant request of WCERC
Education and Research Center), the full amount to come
current (1975 -76) budget... Method of payment, either
or in 3 payments, was left to be decided following City
approval of the request."
(West (West Coast
out of the
in lump-sum
Council
Orloff Miller continued that this action followed a much critical examination
of the grant request at the four separate meetings of the Human Relations
Commission, plus numerous subcommittee and staff sessions. H.R.C. felt the
original proposal lacked focus and urged the WCERC to be more precise in both
its goals and program. In the proposal which the council received, the focus
has been narrowed and centered on citizen advocacy on behalf of the developmentally
disabled. He concluded by saying that the H.R.C. felt this was a one -time only
seed money grant, with full understanding by all parties.that::it-..will not be
repeated. H.R.C. believes this to be a legitimate and beneficial use of grant
monies yet available in its current budget, and urged favorable action by the
City Council.
Mr. Jeff Giuffrida, representing the H.R.C., made an additional presentation
on behalf of the H.R.C. for a grant to the WCERC. He explained some of the
programs developed and the work and investigation done by the H.R.C. in this
matter. He urged that the City Council grant the $5,248 as a one -time grant.
On motion of Councilman Gurnee, seconded by Councilman Graham, the following
resolution was introduced: Resolution No. 3027 (1976 Series), a resolution of
the Council of the City of San Luis Obispo approving a grant to the West Coast
Education and Research Center as recommended by the Human Relations.Commission.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
10. Communication from the Promotional.Coordinating Committee asking the
City Council to consider their report on the long -range plan of the Promotional
Coordinating Committee for future budgets of the committee was continued to a
future meeting.
11. Communication from Rob Strong to Ed Davis regarding Los Osos Valley Road
connection to Buckley Road at Higuera Street was ordered received and filed:
12. Memorandum from Robert Strong, Director of Community Development, regarding
request by Environmental Review Committee for the City Council clarification of
acceptability of rezoning an excess of property at 2803 Johnson Avenue was ordered
received and filed.
13. Memorandum from Rob Strong, Director of Community Development, regarding
the possible purchase by the city of surplus Cal Trans property, Freeway 101
and San Luis Creek, between Madonna Road and Bianchi Lane,.was - referred to staff
for a full report.
City Council Minutes
April 5, 1976
Page 10
14. Memorandum from Rob Strong, Director of Community Development, . regarding
possible city acquisition of property bounded by Chorro Street, Stenner Creek,
Broad Street and Freeway 101, Assessor's Parcel No. 2- 292 -15, estimated-cost
$37,500 was continued for consideration during the annual C.I.P. hearings.
15. David F. Romero, Public Services Director, brought to the council's
attention the matter of the sewer main crossing U.S. 101 near the Laguna Lift
Station which is a steel line completely rusted through with portions of same
hanging.down into the sewer flow causing an obstruction and creating severe
blockage build ups with grease and paper. He requested that he be authorized
to have a T.V. inspection made of the interior of the line and to allocate
$12,000 to replace the damaged portions of the line.
On motion of Councilman Petterson, seconded by Councilman Gurnee, that the City
Council find that an emergency exists and that the city should proceed without
bid to repair and replace the damaged sewer line. Motion carried, all ayes.
On motion of Councilman Petterson, seconded by Councilman Gurnee, the following
resolution was introduced: Resolution No..3041 (1976 Series), a resolution of
the Council of the City of San Luis Obispo increasing capital outlay fund
appropriations for 1975 -1976 fiscal year.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Gurnee, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: None
11:05 p.m., Councilman Gurnee left the meeting.
CONSENT ITEMS
C -1 On motion of Councilman Petterson, seconded by Councilman Norris, the
claims against the city for the month of April, 1976, were approved and ordered
paid subject to the approval of the Administrative Officer. Motion carried.
C -2 On motion of Councilman Petterson, seconded by Councilman Norris, the
following council meeting minutes were approved as presented:
November 10, 1975 and December 8 & 9, 1975
Motion carried.
C -3 On motion of Councilman Petterson, seconded by Councilman Norris, the
following contract pay estimates and change orders were approved and ordered
paid:
Conco General Engineering Co. Est. #2 $ 61149.52
TRANSFER STATION MODIFICATION
C.P. #15 -75
Wally LaFreniere Const. Co. Est. #11
ADMINISTRATION BUILDING
ALTERATIONS
Charles Pratt Const. Company
BROAD STREET WATER LINE
C.P. #21 -75
Motion carried.
18,819.00
Est. #7
24,868.61'
C.C.O.
#6
+
917.57
C.C.O.
#7
+
1,357.63
C.C.O.
#8
+
2,151.60
C.C.O.
#9
+
2,555.50
C.C.O.
#10
+
1,704.23
C.C.O.
#11
+
1,950.00
C -4 Communication and proposed resolution from R.V. Muravez, Director of
Finance regarding recommendations on reserve funds and change in the accounting
systems were continued to a study session of April 7, 1976.
C -5 On motion of Councilman Petterson, seconded by Councilman Graham, the
following resolution was introduced: Resolution No. 3028 (1976 Series), a
City Council Minutes
April 5, 1976
Page 11
resolution.of the Council of the City of San Luis Obispo establishing a fee
of $2.50 for fingerprint services provided by the Police Department.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, Norris and Mayor Schwartz
NOES: None 1
ABSENT: Councilman Gurnee
C -6 Memorandum,from D.F. Romero, Public Services Director, again asking
council consideration for the installation of an 8 -inch sewer line from the
Model Linen Supply on South Street to.Higuera Street and requesting that the
Model Linen Company share the cost on a 50 -50 basis. Estimated cost of the
project is approximately $5,000.
On motion of Councilman Petterson, seconded by Councilman Norris, the Public
Services Director was to proceed, reaffirming the council's prior action that
the Model Linen Supply would be asked to pay half the cost of the installation
which was.being done primarily for the relief of .their property. Motion
carried.
C -7 Communication from John Kellerman,.Chief Building Official, requesting
council consideration of proposed swimming pool and dock ordinance, updating
the present dock ordinance adopted in 1964 and a resolution establishing fees
for permits for pools and docks was referred to the contractors, architects
and developers within the community for input, on motion of Councilman
Petterson, seconded by Councilman Norris. Motion carried.
C -8 Communication from the Department of Health asking council to direct the
San Luis Water Department to provide filtration treatment for the Gularte
and Hansen Creek water supply and to cover Reservoir No. 1 and to cease using
the Hansen / Gularte Creeks until treatment is provided by the city.
On motion of Councilman Petterson, seconded by Councilman Graham, the request
was continued to C.I.P. study with the staff for a complete staff report.
Motion carried.
C -9 Communication from Don Englert, Captain, Police Department, forwarding.
for the council's consideration, City /County Animal Regulation Code and a
contract for the council's consideration for the next fiscal year. He also.
submitted suggested amendments to the Animal Control Ordinance proposed by
the County of San Luis Obispo.
On motion of Councilman Petterson, seconded by Councilman Graham, the matter
was continued to budget consideration with the attorney to review the amend-
ments for preparation of an ordinance for council consideration. Motion
carried.
C -10 On motion of Councilman Pettass, seconded by Councilman Graham, the
following resolution was introduced: Resolution No. 3029 (1976 Series), a
resolution of the Council of the City of San Luis Obispo approving the closing
of the State Highway for the La Fiesta Parade, 1976.
Passed and adopted on the following roll call vote:
AYES: Councilmen Norris, Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -11 Memorandum from Rob Strong, Community Development Director, asking
council consideration regarding the 1976 -1981 Capital Improvement Program.
The matter was continued to the study session of Wednesday, April 7, 1976.
City Council Minutes
April 5, 1976
Page 12
C -12 Memorandum from D.F. Romero, Director of Public Services, forwarding
for the council's consideration, the street priority list for the 1976 -77
fiscal year and a.memorandum from Bill Harris, Public Services Department,
regarding council consideration of cost to maintain traveled but unimproved
streets. The matter was continued to a study session for field inspection
early in April.
C -13 Communication from Warren Dolezal, President of Garden Homes, Limited.
requesting council approval of the Los Verdes Park Subdivision Improvements
now completed.
Rob Strong, Community Development Director, stated that in September, 1975,
the City Council considered their request by. Mr. Dolezal asking clarification
of the matter of the day care center indicated on the precise plan of Phase
II, Los Verdes Park. The council action at that meeting was:
1) Upon certification by the City Engineer that the Edna Saddle
Tank was on line, the developer be required to move the
temporary reservoir from Lot. 97.
2) Concurrent with construction of dwelling units in Unit II,
the day care center was to be built with a phasing of percentage
occupancy of the units corresponding with the percentage of
completed construction of the day care center.
He then reviewed for the council, the actions to date in arriving at the
permit for the day care center. Finally, the staff interpretation at
Council action was that no occupancy of any units for any purpose would
be allowed prior .to commencement of construction of the day care center
and further occupancy of the housing units would be in direct correlation
with the percentage of the day care center which has been completed.
Percentage of completion for the day care center be determined by the
Director of Community Development and Chief Building Inspector. A further
prerequisite for occupancy of any units is that all necessary tract improve-
ments be completed.
On motion of Councilman Petterson, seconded by Councilman Norris, that the
City Council affirm the prior policy dealing with the occupancy in the tract
being controlled by the development of the day care center. Motion carried.
C -14 Communication from the Police Officer's Association reviewing the
condition of the present patrol cars and asking that an additional two units be
added to the fleet in order to extend the mileage on tke=..present vehicles which
are becoming unsafe.
J.H. Fitzpatrick, City Clerk /Acting Administrative Officer,'reported on the.
request of the Police Officers' Association stating that the Police Department
had complied with the council directive of keeping a minimum of four police
cars on patrol 24 -hours a day, 7 -days a week. In initiating this directive, the
City did not realize the effect it would have on the patrol vehicles in
increased.milage and maintenance costs. When the 1975 model patrol cars are
retired in early 1977, they will each average over 100,000.miles of very hard
police work.. While he recognized that-mileage-alone may not be the best criteria
for retiring vehicles, he felt that cars used by police for 24 -hour patrol and
driven by a different officer every 8 -hours are really abused due to the type of
driving required by police operation.
Therefore, the Administrative Officer makes the following recommendation:
1) Approve the request of the Police Officers' Association and
order two additional patrol units immediately with the
conditions that they be carefully integrated with the
present patrol units to extend the life of all patrol units
as far as mileage is concerned. Estimated cost to add two
patrol cars including radios, lights, screens, etc., is
$12,000.
City Council Minutes
April 5, 1976
Page 13
2) If for some reason two new patrol cars cannot be ordered at
this time (factory shutdowns, finances, etc.), I would
recommend that two police cars now owned by the city and
having patrol car specifications; Chief's car, Captain's car
and one Detective car be painted and equipped as patrol cars
and placed on patrol to be integrated with the other two units
and that the City Hall Pool car and the City Clerk's car be
transferred to the Police Department to be used as departmental
administrative vehicles. 1
It was moved by Councilman Norris, seconded by Councilman Graham that the
City Council adopt Option No. 1 and order two new cars with the Administrative
Officer to report to the council Wednesday, April 7, 1976. Motion carried.
On motion of Councilman Norris, seconded by Councilman Graham, the following
resolution was introduced: Resolution No. 3030 (1976 Series), a resolution
of the Council of the City of San Luis Obispo increasing utility tax fund
appropriations for the 1975 -76 fiscal year transferring $12,000 to police vehicle
account.
Passed and adopted on the following roll call vote:
AYES: Councilmen Norris, Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -15 The City Council was asked to support the.county's separate waste
collection program and on motion of Councilman Petterson, seconded by
Councilman Graham, the letter was approved and the Mayor was authorized to
sign. Motion carried.
C -16 Request from the County of San Luis Obispo for.the City to review four
parcel Minor Subdivision located on Orcutt Road and Hansen Road owned by
A. Periozzi (Tentative Parcel Map No. 75 -437).
Rob Strong, Director of Community Development presented the report of the
Planning Commission stating that this property is a portion of a 97 -acre
parcel adjoining the city which would divide this property into 19- separate
5 -acre parcels. He felt that the City Council should recommend denial of the
proposed parcel map until some alternative is accomplished or that the proposal
be continued until the City Council and Board of Supervisors' resolved a
mutually agreeable policy concerning interim agricultural urban reserve area
as part of the general plan revision of the city.
On motion of Councilman Petterson, seconded by Councilman Norris, the City
Council approve the Parcel Map as submitted by.the County. Motion carried with
Mayor Schwartz voting no and Councilman Gurnee absent.
C -17 Request from the County of San Luis Obispo for the City to review two
parcel subdivision located on Buckley Road near Davenport Road owned by Louis
Mello (Tentative Parcel Map No. 76 -36).
On motion of Councilman Petterson, seconded
by Councilman Norris,
the City
Council approve the Parcel Map as submitted
by the County. Motion
carried
with Mayor Schwartz voting no and Councilman Gurnee absent.
C -18 Request from Rob Strong, Director of
Community Development,
requesting
that the City Council consider grading plan
check and permit fees
and that they
be included in the Municipal Code.
On motion of Councilman Petterson, seconded by Councilman Graham, the matter
was referred to the City Attorney for preparation of the proper documentation.
Motion carried.
C -19 Communication from Wayne Peterson, City Engineer, requesting that the
City Council consider designating representatives for the Technical Advisory
Committee for the Regional Transportation Plan.
City Council Minutes
April 5, 1976
Page 14
The City Engineer recommended that Rob Strong, Director of Community Development
and Wayne Peterson, City Engineer, be the city's representatives with alternates
Terry Sanville for Rob Strong and Bob Vosberg for Wayne Peterson.
On motion of Councilman Petterson, seconded by Councilman Norris, that the
City Council accept the recommendations for appointments to the Technical
Advisory Committee.
C -20 Memorandum from-Wayne Peterson, City Engineer, asking the Council to
consider modifications of the-Johnson Avenue /San Luis Drive intersection
and the abandonment of a portion of Munoz Street at Johnson Avenue at the
location of the former three - corner market property.
On motion of.Councilman Petterson, seconded by Councilman Norris, the matter
was referred to the Traffic Committee for their input. Motion carried.
C -21 Memorandum from Leroy Treio, S.L.O. Firemen's Association, Edward Martin,
San Luis Obispo :Police Officers' Association and Sheri Ripa. San Luis Obispo
City Employees' Association requesting that the City Council- consider placing
three city emDlovee representatives to serve on the Ad Hoc.Citizen's Charter
Committee.
After some discussion by the City Council, it was moved by Mayor Schwartz, and
seconded by Councilman Graham that the employee associations have one
representative to the Charter Committee and that would be Steve Smith, represent-
ing all three associations. Motion carried.
C -22 Communication from the Director of Administration, County of San Luis
Obispo and Secretary to the Area Council asking that the City Council make their
annual appointments or reappointments to serve as city's members to the Area
Council in addition to one alternate.
On motion of Councilman Petterson, seconded by Councilman Norris, Councilman
' Gurnee was appointed as city's representative with Councilman Graham as
alternate (Effective May 1, 1976 through April 30, 1977).
C -23 On motion of Councilman Petterson, seconded by Councilman Norris, claim
against the city by Larry Sheur, All Auto Parts, Inc., for damages incurred when
toilets backed up and were overflowing as the result of a sewer having been
disconnected by the city was denied and referred to the insurance carrier. Motion
carried.
C -24 On motion of Councilman Petterson, seconded by Councilman Norris, the
claim against the city by Mr. & Mrs. Lawrence, Jr., for $500 for allegedly taking
their registered golden retriever puppy illegally by cutting it from its tether
and removing it to the Wood's Humane Animal Shelter was denied and referred to the
insurance carrier. Motion carried.
C -25 J.H. Fitzpatrick, Acting Administrative Officer /City Clerk, announced the
appointment of Mikel J. Park, Battalion Chief (Fire Marshal), Step 4 at $1,468 per
month effective April 16, 1976.
There being no further business to come before the City Council, the Mayor
adjourned the meeting to 12:10 p.m., Wednesday, April 7, 1976.
. Fitzpatrick, City Clerk