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HomeMy WebLinkAbout05/03/1976M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, MAY 3, 1976 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Councilmen t PRESENT: Myron Graham, Jesse Norris, Steve Petterson and Mayor Kenneth E. Schwartz ABSENT: T. Keith Gurnee City Staff PRESENT: J.H. Fitzpatrick, Acting Administrative Officer /City Clerk; Wayne Peterson, City Engineer; Dave Romero, Public Services Director; Lee Schlobohm, Fire Chief; Rob Strong, Director of Community Development 1. On motion of Councilman Norris, seconded by Councilman Petterson, the recommendation of the Council Subcommittee approving the following appointments to the Housing Authority: 1) Elizabeth Perez Rose 2) Charles F. Lenk Motion carried. 2. On motion of Councilman Norris, seconded by Councilman Petterson, the following recommendations for appointments to the Human Relations Commission were approved: 1) Jeffrey Sanders 2) Jerry M. Raml 3) Charles V. Watson 4) James A. Nauls, Jr. Motion carried. 3. Public hearing on the appeal to the action of the Planning Commission by Alice R. Werbel that certain requirements must be met in order to comply with the original use permit issued for the 1865 Restaurant on Monterey Street; Use Permit Application No. U -0441. Rob Strong, Director of Community Development, presented a report to the City Council on the Planning Commission's decision to require additional screen planting and adjustments to parking lot lighting requirements and conditions of use permit approval for the 1865 Restaurant. He continued that the neighborhood complaints generally centered around noise and lights from the restaurant and parking lot and their nuisance effect on the resi- dents of San Luis Drive whose backyards abut the restaurant site. At the April 6, 1976 public hearing, the Planning Commission primarily addressed Condition "L" of the use permit which dealt with the required parking lot screening because of the parking lots being adjacent to residential develop- ment. The Planning Commission, in response to neighborhood complaints, determined that strict adherence to the City codes (dealing with onsite parking lot lighting) and Condition "L" of the use permit were not being met and thereby passed a resolution comprising the following requirements of the restaurant owner: City Council Minutes May 3, 1976 Page 2 1) The dead myoporum laetum which have been replaced with 5 gallon size plants shall be replaced with 15 gallon plants by May 7, 1976. 2) A second planting of myoporum laetum of 15 gallon size shall be planted directly behind the existing myoporum laetum in the lower level parking lot, subject to staff approval. 3) The parking lot lighting shall be hooded and focused onto the pavement in accordance with City Zoning Code Section 9200.16.1 (A) 6., requiring that parking lot lighting be so arranged as not to shine directly into adjoining residential districts. In addition, the Planning Commission addressed the problem of noise and the neighbors request that a 6' high screen fence would, in addition to screening headlights, act as a noise buffer. It was the Planning Commission's deter- mination after the public hearing that a solid fence would not supply any significant noise mitigating effects and thereby did not make this a require- ment of the permit. Finally, the Planning Commission felt that the myoporum laetum, being a fast growing character and soon reduce the need for a solid wood fence, as they will grow and supply the necessary shielding from the adjacent property. Dennis Johansen, Planning Commissioner, submitted a report from the City Council on behalf of the Planning Commission Subcommittee that studied the matter of 1865 Restaurant use permit violations, stated it was apparent that certain required vegetation had been allowed to die, which allowed lights from motor vehicles to pass through and affect homes on San Luis Drive. He also felt that some of the noise created by the restaurant could not be mitigated by either fencing or vegetation. Finally, he stated that he did not feel that the requested fence would be all the relief the residents hoped it would and that the same problem would present itself again for future action. He felt that the growth for the myoporum laetum would ultimately cover or block out the view of the restaurant from the residents of San Luis Drive and possibly eliminate some of the complaints. Mayor Schwartz declared the public hearing open. Richard Harris, Attorney for Mrs. Alice Werbel, reviewed the use permit conditions granted to the operators of the 1865 Restaurant and to which his client and her neighbors felt have not been enforced by the City. of San Luis Obispo (See Planning Commission Resolution No. 517 -74). He reviewed the history of this use permit and the apparent disregard of complying to the conditions of the use permit established by the Planning Commission and also the lack of enforcement of use permit conditions by the Planning Commission through their staff. He urged the City Council on behalf of his client that the Council require the installation of a fence along the rear boundaries of the parking lot as requested by the Municipal Code to protect the residential properties across the creek. R. Binkele, operator of 1865 Restaurant, stated that he has attempted to comply with all the conditions of the use permit. He felt that the hedges, in time, would grow and screen the lights of the parking lot from the adjacent homes. He questioned the logic of a 6' fence along the fill slope and whether this fence didn't cause further problems involving wind, etc. He also felt that the fence would be very common and would not add to the architectural beauty of the restaurant. LaVerne Schneider, Planning Commissioner, spoke in support of the Werbel appeal as she felt that the use permit conditions of the.Planning Commission had not been complied with, and the adjacent property owners should be protected and be able to live in peace and quiet even though they are adjacent to a commercial zone. City Council Minutes May 3, 1976 Page 3 Mayor Schwartz declared the public hearing closed. Upon questioning, Rob Strong, Director of Community Development, admitted that the property owner had not complied with the latest conditions of the Planning Commission of April 6, 1976 on the basis that this decision was going . to be .appealed by the City Council. The City Council discussed with staff the lack of supervision given this use permit by City employees since the restaurant was built in 1974 and they hoped that similar actions by the Planning Commission in establishing conditions for-use permits were not as flagrantly being ignored as this one, as the only way this complaint was brought to the council was through the neighbors for lack of complaints of the Planning Commission's conditions. Mayor Schwartz suggested that a temporary fence type installation could be installed at each level in the parking lot until the plants have grown sufficiently to mask the headlights. On motion of Councilman Norris, seconded by Councilman Petterson, that the City Council re- emphasize the recommendations of the Planning Commission as follows: 1) The dead myoporum laetum which have been replaced with 5 gallon size plants shall be replaced with 15 gallon plants by May 7, 1976. 2) A second planting of myoporum laetum of 15 gallon size shall be planted directly behind the existing myoporum laetum in the lower level park- ing lot, subject to staff approval. 3) The parking lot lighting shall be hooded and focused onto the pavement in accordance with City Zoning Code Section 9200.16.1 (A) 6., requiring that parking lot lighting be so arranged as not to shine directly into adjoining residential districts. 4) Install temporary fences at each level of theparking lot in an attempt to protect adjacent property owners from auto lights for a period of two years. Finally, the council orders the Planning Staff to review and inspect the progress of these use permit conditions on a quarterly basis. Motion carried on the following roll call vote: AYES: Councilmen Norris, Petterson, Graham and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee 4. At this time the City Council held a public hearing on a recommendation of the Planning Commission concerning resource deficiencies pursuant to Ordinance 604 -A (Level II) on the following projects: 1) Request for building permit by R. Andreini_at 1103 Ella Street. Statement of Deficiency: The project proposes a residential dwelling unit . density of 9.3 units per acre whereas the adopted general plan indicated a residential dwelling unit density for the subject area not to exceed 6 units per acre. Recommendation: The project is consistent with the existing R -2 zone and slope density criteria and conforms in density to the proposed general plan. Staff recommends that the Planning Commission forward the item to the City Council recommending that the inconsistency be noted and that no other action be taken. City Council Minutes May 3, 1976 Page 4 2) Request for building permit by C. Blair, 1533 E1 Tigre Court. Statement of Deficiency: The project proposes a residential dwelling unit density of 25.6 units per acre whereas the adopted general plan indicated a residential dwelling unit density not to exceed a maximum of 20 units per acre. Recommendation: The project is consistent with the existing R—H zoning and conforms to the density recommended in the proposed general plan. Staff recommends that the item be forwarded to the City Council with the recommendation that the inconsistency be noted and that no other action be taken. 3) Application for a planned development at 1055 Los Osos Valley Road, W. Baker. Statement of Deficiency: The project would be located beyond the Fire Department's 4- minute response time. Recommendation: Level II deficiencies do not require the withholding of any permits or entitlements. Staff recommends that the Planning Commission forward the item to the City Council recommending that the deficiency be acknowledged and further that it be noted that a new fire station in the Laguna Lake area is recommended in the Planning Commission's recommended general plan. Mayor Schwartz declared the public hearing open. No one appeared for or against the three projects listed. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Norris, that the City Council accept the recommendation of the Planning Commission and note the deficiencies with no action. Motion carried, all ayes with Councilman Gurnee absent. 5. At this time the City Council considered the final passage of 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. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Petterson, Ordinance No. 667 was introduced for final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmen Graham, Petterson, Norris and Mayor Schwartz NOES: None r ABSENT: Councilman Gurnee City Council Minutes May 3, 1976 Page 5 6. At this time the City Council considered the final passage of Ordinance No. 669 (1976 Series), an ordinance amending the official zone map to rezone property at Serrano and Palomar Drive. The matter was continued for re- advertising due to an error in the description. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Norris, Ordinance No. 670 (1976 Series) was introduced for final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Norris, Graham and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee 8. Communication from the B.I.A. of San Luis Obispo asking for consideration and acceptance of the San Luis Obispo Improvement Area Bylaws adopted February ' 10, 1976. After discussion, it was moved by Councilman Norris, seconded by Councilman Petterson, that the City Council approve the bylaws of the B.I.A. as amended on Page 3, Article V, Section I, to read "The conduct of business of the B.I.A. Motion carried, all ayes with Councilman Gurnee absent. 9. At this time the City Council considered Traffic Committee Report No. 5T -4 -76 (continued from April 19, 1976), a request by Madonna Road Shell for a new access onto the City -owned portion of Madonna Inn access Road and across the City -owned access area. Traffic Committee Recommendation: "The Traffic Committee recognizes that this is a difficult question inasmuch as several years ago, the council struggled with this request at many meetings. To make the change requested at this time would require extensive relandscaping, construction of curb, gutters and sidewalk and modification of traffic signal detectors. It is the Traffic Committee's recommendation that the request be denied, at least until the new Sears Store is in operation and signals are installed at Calle Joaquin which could allow a protected U- turn. Councilman Norris stated on behalf of the Traffic Committee that there was unanimous vote by council and staff members to deny the request of the Shell Station. Bob Gouin, operator - Madonna Shell Station, again asked that they be allowed to cross city -owned property at Madonna Inn access Road in order to help his business and the need of safety for his customers. Michael Hagerman, Truck operator, agreed with the comments of Bob Gouin for new access to his service station. Robert Barrows, Meinecke Street,,felt that this station was wrong to be put in originally and that he has no complaint and felt it should not be given any additional access. 7. At this time the City Council considered the final passage of Ordinance No. 670 (1976 Series), an ordinance amending the Municipal Code to prohibit skateboards and other devices on public sidewalks in the downtown area. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Norris, Ordinance No. 670 (1976 Series) was introduced for final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Norris, Graham and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee 8. Communication from the B.I.A. of San Luis Obispo asking for consideration and acceptance of the San Luis Obispo Improvement Area Bylaws adopted February ' 10, 1976. After discussion, it was moved by Councilman Norris, seconded by Councilman Petterson, that the City Council approve the bylaws of the B.I.A. as amended on Page 3, Article V, Section I, to read "The conduct of business of the B.I.A. Motion carried, all ayes with Councilman Gurnee absent. 9. At this time the City Council considered Traffic Committee Report No. 5T -4 -76 (continued from April 19, 1976), a request by Madonna Road Shell for a new access onto the City -owned portion of Madonna Inn access Road and across the City -owned access area. Traffic Committee Recommendation: "The Traffic Committee recognizes that this is a difficult question inasmuch as several years ago, the council struggled with this request at many meetings. To make the change requested at this time would require extensive relandscaping, construction of curb, gutters and sidewalk and modification of traffic signal detectors. It is the Traffic Committee's recommendation that the request be denied, at least until the new Sears Store is in operation and signals are installed at Calle Joaquin which could allow a protected U- turn. Councilman Norris stated on behalf of the Traffic Committee that there was unanimous vote by council and staff members to deny the request of the Shell Station. Bob Gouin, operator - Madonna Shell Station, again asked that they be allowed to cross city -owned property at Madonna Inn access Road in order to help his business and the need of safety for his customers. Michael Hagerman, Truck operator, agreed with the comments of Bob Gouin for new access to his service station. Robert Barrows, Meinecke Street,,felt that this station was wrong to be put in originally and that he has no complaint and felt it should not be given any additional access. ity Council Minutes May 3, 1976 Page 6 Ken Sullott spoke in support of Bob Gouin for a new city access to the Shell Station at the Madonna Inn access road. Councilman Graham stated he wanted to protect the present situation and suggested that he would only help one person and not many other persons. Councilman Norris recommended that the council deny the request and protect the present open space. Councilman Petterson stated he supported the Traffic Committee's request but felt the request would not solve the problem and that the operator should look at the entire access to Calle Joaquin. Mayor Schwartz supported the Traffic Committee's recommendation as he felt that the original service station was put in at the wrong place and that this would not correct the problems that exist at this time. On motion of Councilman Norris, seconded by Councilman Petterson, that the City Council support the recommendation of the Traffic Committee and deny any further access to the Shell Service Station. Motion carried, with Councilman Gurnee absent. 10. At this time the City Council considered the request of the Traffic Committee Report No. TOT -4 -76 (continued from April 19, 1976), a request by the City Engineer to establish speed limits based on engineering speed studies on various streets in the city. The Traffic Committee recommends the adoption of the speed limits as recommended by the City Engineer as shown on the attached summary sheets. The Traffic Committee recommends that these new speed limits be posted as soon as possible in order that the City Police Department may continue to use the radar units to enforce them.' It is the Traffic Committee's understanding that the courts will not recognize tickets issued based on radar surveillance unless the speeds being enforced are both posted and based on an engineering study. The City Council discussed with the City Engineer, the-Police Chief and Traffic Committee members present, details of the changes being recommended by the City Engineer and the conclusions arrived at by the Traffic Committee. On motion of Councilman Norris, seconded by Councilman Petterson, that the City Council accept the recommendation of the Traffic Committee and post all the streets at speeds 85% percentile. Motion lost on the following vote: AYES: Councilmen Norris and Petterson NOES: Councilmen Graham and Mayor Schwartz ABSENT: Councilman Gurnee On motion of Mayor Schwartz, seconded by Councilman Petterson, that the City Council accept the recommendation of the Traffic Committee and post speeds as recommended for Items 4,5,6,7,8,12,14,15,18,19 & 20. Motion carried, all ayes with Councilman Gurnee absent. On motion of Mayor Schwartz,-seconded by Councilman Petterson, the following ordinance was introduced: Ordinance No. 671 (1976 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code to establish speed limits on Foothill Blvd., Hathway Avenue, Pismo Street and South Street. City Council Minutes May 3, 1976 Page 7 Introduced and passed to print on the following roll call vote: AYES: Councilmen Petterson, Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee 11. At this time the Council considered Traffic Committee Report No. 9T -4 -76 (continued from April 19, 1976), a request by [Jayne Peterson, City Engineer, to review proposed intersection design for Johnson Avenue and San Luis Drive. Traffic Committee recommends that the proposed realignment of San Luis Drive be as noted on the attached diagram and recommends the staff continue to negotiate with the property owner and the construction of new curb, gutter and sidewalk. Traffic Committee also has reviewed the signal warrants prep- ared by the staff and recommends the traffic signals for this intersection be placed in the C.I.P. The Traffic Committee recommends that the agreement with the property owner should stipulate that he will be responsi- ble for all costs related to the preparation of parcel map, construction of curb, gutter and sidewalk and paving. Traffic Committee did not recommend that the city give away access right -of -way on San Luis Drive. In order to facilitate the realignment, the committee recommends that this property owner be given a definite time limit for completion of his`.work and he post a bond .guaranteeing that he will meet the deadline. On motion c[ Councilman Norris, seconded by Mayor Schwartz, that the City Council take no further action on this matter at this time. After council discussion, Mayor Schwartz withdrew his second. On motion of Councilman Norris, seconded.by Mayor Schwartz, that the City Council instruct the staff to prepare a necessary agreement on the city's position as recommended by the Traffic Committee and draw a plan for the city to purchase the three - corner grocery store and what can be done with the balance of the property. Motion carried, all ayes with Councilman Gurnee absent. 12. At this time the City Council considered memorandum from Paul Landell, Jr. asking the Council's consideration regarding D.O.T. surplus property and suggested purchase proposals. P.E. Landell, Community Development Department Employee, reported to the City Council that he met with representatives of the State Departmentof Transportation regarding purchase of a strip of property surplus to State needs. Theproperty is that strip of land lying easterly of Highway 101 and San Luis Creek and Madonna Road on the south and Bianchi Lane on the north. This property was formerly owned by the City and was traded to the State for land involved in the Madonna Road widening and overpass. P.E. Landell continued that the State was asking $46,000.00 for the property and could be purchased by the City under the following conditions: 1) $1,000 down payment with balance in two equal installments of $22,500 each on July 1, 1977 and July 1, 1978. 2) City would receive a waiver of the standard reversionary clause on all sales of State surplus property. 3) An agreement could be prepared that would.allow the City to sell land back to the State if needed by the State at the same basic value of.$20,000 per acre. City Council Minutes May 3, 1976 Page 8 R. Strong, Community Development Director, urged the council to purchase this parcel of surplus land in order to keep it out of private hands, because development would be difficult and would require coop- eration from the city. He also urged the purchase of the land in order to put more open space under city ownership. Mayor Schwartz urged the City Council to purchase the property and strongly supported staff recommendations. He also felt that the property must be kept out of private developers hands, due to difficulties of development, possible need for flood control and finally, it was a nice area for open space along the freeway. On motion of Councilman Petterson, seconded by Councilman Norris, that the city accept the state's proposal to purchase land for $46,000, with payment in two year installments with no reversionary clause. Motion carried, all ayes, with Councilman Gurnee absent. 13. Charles Dills, Chairman - Citizens' Advisory Committee, forwarded a letter to the City Council requesting that the council consider a new format for the City Newsletter. They felt that the present method of publishing and delivering a newsletter on a magazine style was costing the city quite a bit of money and the CAC felt that for 1 /10th the cost a half page in the Saturday issue of Focus in the Telegram Tribune could be hired or purchased and they felt that this would serve more people than the present delivering of a newsletter door -to -door. Charles Dills continued that he felt the newsletter should be continued in order to get the city's programs out to the citizens (that is areas that are not normally published by the local newspaper). Councilman Graham stated he was in support of the newsletter for the city but felt it should be delivered to each householder, not necessarily to the people that buy the newspaper. Councilman Petterson felt the CAC proposal was better than the present 1 newsletter format and much cheaper. Councilman Norris was worried about the present format of the city blowing its own horn. He felt the citizens should know what these programs cost. He did not feel that the last six issues of the newsletter had increased the city or the city's credibility and improvements for its citizens. He was opposed to spending any tax money to promote the city and the individual council members or the Mayor. Charles Dills felt six issues would cost the city about $2,200 and the editorial content should be less controlled by the city. Mayor Schwartz suggested the newsletter should be used to let people know what the city is doing, right or wrong, not a public relations handout. He felt the budget should be open to the public. Also street programs and the C.I.P. should be placed in the newsletter. He felt the CAC proposal was fair and should be tried in the next fiscal year. On motion of Mayor Schwartz, seconded by Councilman Graham, the matter was referred to budget study for the 1976 -77 fiscal year. Motion carried, with Councilman Norris voting no and Councilman Gurnee absent. 14. At this time the City Council considered the Final Tract Map No. 568 asking council approve the agreement for Subdivision improvements. Wayne Peterson presented the final map and the subdivision agreement of Tract 568. He stated that the map had been checked and found to comply with all city ordinances in the Tentative Map with two exceptions. Lots 7, 8 & 9 lack the required street requires street frontage of 60 ft. exc frontage may be 2/3 or 40 ft. In this 29 ft. to 35 ft. It was therefore the must grant a variance for these lots. the attached subdivision agreements. City Council Minutes May 3, 1976 Page 9 frontage. The city ordinance apt in cul -de -sacs where that case the frontage varies from staffs opinion that the council The variance should be added to Staff recognized the need to grade Lots 2 thru 6 in order to allow the ' building improvements to drain to the street. The final grading plan indicates this type of grading. Staff recommended that the council approve this modification of grading from what was approved on the tentative map. Also, staff recommended that the following note be placed on the Final Map: "Grading note: No additional grading will be allowed on lots except as shown on approved grading plan on file at City Engineers Office and as may be required under building foundation." Mr. French had indicated through his engineer that this note was undesirable and has requested that it not be required. Staff recommended that the council direct Mr. French to place the note on the Final Subdivision Map. The council must make the findings as required by the Subdivision Map Act regarding the compliance with the approved general plan and direct the Mayor to sign the subdivision agreement. In addition to the normal conditions and agreements, the subdivision carries the following special conditions: 1) Developer shall deposit with the City, $1,210.00 for street trees. Amount to be refunded to developer if upon completion of the subdivision, street trees are planted and growing. 2) The developer shall pay the City the sum of $1,712.75 for the purchase or development of park land, Lots 18 & 19 not included in the fees. 3) The developer shall pay the City, $9,500.00 in lieu of the construction of one -half street improvements along Florence Avenue. 4) The developer shall deposit with the City, a cash bond in the amount of $1,000.00 to assure the final monumentation of the subdivision. Said deposit would be released to the developer upon receipt by the City of a letter from the surveyor indicating he has been paid for his work. 5) The developer shall plant all graded areas with an approved planting and maintain his planting so as to have a good ground cover prior to aaceptance of the subdivision by the City. 6) The developer shall pay to the City the sum of $2,775.00 for water acreage fee, $925.00 per acre x 3 acres; Lots 18 & 19 not included. 7) The subdivider shall be entitled to such reimbursement as specified under Section 7410.6 and 7500.7 of the San Luis Obispo Municipal Code for a share of the water lines being installed in ' San Carlos. 8) Grading permit fees in the amount of $200.00 shall be deposited with and treated as normal subdivision inspection fees. The inspection fees shall be $2,300 including - grading fee. City Council Minutes May 3, 1976 Page 10 B.L. Maddalena, Engineer for the developer, spoke in support of the approval of the final Tract Map No. 568 and urged the City Council to . accept the city staff recommendations; exceptions being Lots 7, 8 &:9 and authorize and approve the final full grading of lots 2,3,4,5, & 6 as again recommended by the staff to allow drainage to the street. On behalf of the owner he wished to object to the note on the final map entitled "Grading note" as recommended by the staff. Rob Strong admitted that this original map and design for a planned development did not comply with the planned development. He converted to a normal subdivision and staff encouraged this without really looking into its compliance with existing subdivision ordinance and the city staff did not reconsider the lack of frontage on Lots 7,8 & 9. He felt that if the Council did not buy this, they would suggest the council take out one lot in order to get the width necessary. Councilman Petterson stated that the map should be redrawn to drop one lot in order to make three lots conforming. Councilman Graham agreed with Councilman Petterson that the lots should be made to conform to ordinance. Mayor Schwartz stated he was embarrassed that this map had come to the City Council in its present state with so many exceptions. He understood the difficult terrain, but he felt the developer and staff told the council at the tentative map stage that this development could meet all city conditions. Councilman Graham agreed with Mayor Schwartz. On motion of Councilman Petterson, seconded by Councilman Graham, that the City Council reject the final map of Tract 568 as nonconforming to the provisons of the tentative map. Motion carried, all ayes with Councilman Gurnee absent. 15. Communication from Miss Wendy Stockton applying for a part -time position with the City of San Luis Obispo in the recreational programs effective June 19, 1976. She stated she has worked for the city as a play- ground leader for many years at no pay and felt this would be an opportunity for her to further her education. Administrative Officer, J.H. Fitzpatrick, informed the City Council that he had notified Miss Stockton that the City of San Luis Obispo has adopted a policy of many years standing, not to employ relatives of city officials to work for the city. This has been a good policy and he, would therefore, continue this policy and not hire anyone for city employment. Finally, the council considered communication of Wendy Stockton asking council interpretation or final ruling concerning Section 906 of the City Charter and her application for part -time summer employment with the Recreation Department. Councilman Norris stated that he supported the existing policy on not hiring relatives and would support the administrative officer. Councilman Petterson stated he too would support the policy, but hoped that this would be clarified in the Charter in the future so there is no question as to who is violating the rules. Councilman Graham stated he too agreed with the administrative officer's interpretation. Mayor Schwartz stated he agreed with the administrative officer's policy. City Council Minutes May 3, 1976 Page 11 On motion of Councilman Norris, seconded by Councilman Petterson, that the City Council uphold the city policy but asked that the Charter Committee clarify the section on nepotism. Motion carried. 16. A group of citizens and residents of Garden Street between Pacific and Pismo Streets appeared before the.City Council objecting to the placement of parking meters in front of their residences. Richard Warren, Garden Street, stated that on behalf of his neighbors he objected to the recent installation of parking meters in front of his and his neighbors houses. He objected not only to the meters on Garden Street, but also on Chorro and Morro Streets. He also objected to the fact that the residents were not notified that the city was going to place meters in front of their homes. He did not feel that downtown employees and employers should park so far out on Garden Street. He suggested that the city solve this problem by doing nothing as two -hour parking was not being enforced at this time anyway and would not be enforced if it was left alone. Ted McClure, 1060 Pacific Street, objected to parking meters being installed in front of his residence. He stated that all his neighbors objected to being forced to pay to park in front of their own houses. Mrs. Gifford, Pacific Street, objected to placement of parking meters in front of her house where visitors are required to put money in a meter in order to visit her: Neil Jacobson, Pacific Street, objected to meters on Chorro Street. Bruce Peters, Pacific Street, objected to meters on Chorro Street in front of residential property. Mike _Smith, Garden Street, objected to the high- handed method that the city used in placing meters in front of his residence on Garden Street. R.I. Corcoran, Administrative Officer for the B.I.A., spoke in support of extending the parking meters to the fringes of the downtown area in order to get more parking for the customers and employers and employees of downtown. Councilman Graham stated it was unfortunate that the property owners were not notified that the city was contemplating this action. Councilman Petterson agreed that the notices should have been sent out, but he felt that the city should proceed with the six -month trial as previously decided. Councilman Norris agreed that the city was derelict in not notifying the residents, but he felt the council should continue with the six -month trial. He hoped such future conditions would not be made without notifying the people involved. Mayor Schwartz agreed with the City Council that notices should have been made out, but he felt citizens should realize that curb parking was public property and did not belong to the property owner, and just to them. Also, the older residents in town had inadequate parking for their tenants and the city must face the problem of automobiles and tenant facilities for a growing city. On motion of Councilman Petterson, seconded by Councilman Norris, that the city stick with the present plan for a six -month trial period. Motion carried, Councilman Gurnee absent. On motion of Mayor Schwartz, seconded by Councilman Norris, the staff to review the parking limit areas on a three -month basis. Motion carried. City Council Minutes May 3, 1976 Page 12 17. Memorandum from D.F. Romero, Director of Public Services, regarding city facilities damaged by Louis Bordan, and a letter from the District Attorney on the same subject was continued to Wednesday, May 5, 1976. 18. Memorandum from D.F. Romero, Director of Public Services, asking council consideration of two actions taken by the Mass Transportation Committee were continued to a study session of May 5, 1976. 19. Memorandum from Paul Landell requesting city policy on access to Laguna Lake be established and the Minutes of the Waterway Planning Board on April 22, 1976 were continued to Wednesday, May 5, 1976. 20. Public hearing on the county -wide solid -waste management plan was continued to Wednesday, May 5, 1976. 21. Memorandum from Rob Strong, Director of Community Development, asking council consideration of widening Santa Rosa Street and the creation of nonconforming conditions were continued to the council study session of May 5, 1976. CONSENT ITEMS C -1 On motion of Councilman Graham, seconded by Councilman Norris, claims against the city for the month of May, 1976, were approved subject to the approval of the Administrative Officer. C -2 On.motion of Councilman Graham, seconded by Councilman Norris, the minutes of the council meeting of December 2, 1975 were approved as presented. Motion carried. C -3 On motion of Councilman Graham, seconded by Councilman Norris, the following pay estimates and change orders were approved and ordered paid: Conco General Engineering Est. #3 $ 11,770.20 Contractors C.C.O. #2 105.00 TRANSFER STATION MODIFICATION Est. #4 FINAL 2.,202.40 (6/7/76) C.P. 915 -75 Wally LaFreniere Const. Co. Est. #12 7,938.00 CITY HALL REMODELING Charles A. Pratt Const. Co. WASTE WATER TREATMENT PLANT C.P. 445 -74 Walter Bros. Const. Co. JOHNSON AVENUE WIDENING C.P. #2 -72 Est. #5 Est. #6 FINAL Est. #1 C.C.O. #1 634.50 1,025.00 (6/7/76) 19,381.19 586.61 C -4 On motion of Councilman Graham, seconded by Councilman Norris, all the information dealing with the Tree Ordinance revision was referred to a future meeting of the City Council for study. Motion carried. C -5 On motion of Councilman Graham, seconded by Councilman Norris, Minor Subdivision No. 76 -80, C.H. Nelson & J.M. Brady, applicants, 540 Serrano, 541 and 561 Luneta Drive was approved subject to the recommended conditions. C -6 On motion of Councilman Graham, seconded by Councilman Norris, the City Council accepted the following six encroachment agreements and authorized the recordation as follows: 1) A retaining wall at 128 Chorro Street 2) A retaining wall and fence at 3450 Bullock Lane 3) A water pump at 5 Highland Drive 4) A retaining wall at 605 Santa Rosa Street 5) A retaining wall at 2068 Chorro Street 6) A stairway into the City parking lot at 848 Monterey Street Motion carried with Councilman Norris voting no on Item No. 6 and Councilman Gurnee absent. City Council Minutes May 3, 1976 Page 13 C -7 On motion of Councilman Graham, seconded by Councilman Norris, the following resolution was introduced: Resolution No. 3044 (1976 Series), a resolution of the Council of the City of San Luis Obispo accepting an offer to dedicate additional right -of -way on Palm Street. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz ' NOES: None ABSENT: Councilman Gurnee C -8 On motion of Councilman Graham, seconded by Councilman Norris, the following resolution was introduced: Resolution No. 3045 (1976 Series), a resolution of the Council of the City of San Luis Obispo accepting the final map of Minor Subdivision No. 439 - Alicita Court. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: -None ABSENT: Councilman Gurnee C -9 On motion of Mayor Schwartz, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3046 (1976 Series), a resolution of the Council of the City of San Luis Obispo increasing general fund appropriations for the 1975 -76 fiscal year. Passed and adopted on the following roll call vote: ' AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -10 On motion of Councilman Graham, seconded by Councilman.Norris, the request from Paul E. Landell, Jr., for a leave of absence from July 19 to October 15, 1976 was approved. Motion carried. C -11 Communication from Jack Kellerman, Chief Building Inspector, asking council consideration to set a date for a public hearing to adopt the amendments to the Underground Utility Ordinance if approved by the City Council. On motion of Councilman Graham, seconded by Councilman Norris, that as soon . as the ordinance is prepared the city clerk was to be informed for study session with the City Council. Motion carried. C -12 On motion of Councilman Graham, seconded by Councilman Norris, the memorandum informing the City Council that the city's 1976 "Block Grant" pre - application would not receive financial assistance as determined by HUD was ordered received and filed. C -13 On motion of Councilman Graham, seconded by Councilman Norris, the following resolution was introduced: Resolution No. 3047 (1976 Series), a resolution of the Council of the City of San Luis Obispo approving the city's 1976 -77 Annual Transportation Claim against the local transportation fund of the County of San Luis Obispo and designating a portion thereof for planning purposes. 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 May 3, 1976 Page 14 C -14 On motim of Councilman Graham, seconded by Councilman Norris, the report from the City Engineer and Paul Landell dealing with the relative merits of proposed overcrossing sites; Orcutt Road and or South Street was continued to a future study session. C -15 On motion of Councilman Graham, seconded by Councilman Norris, the request from the Chamber of Commerce for the City to fund a City Christmas Decorating Program and designate an advisory committee for working oil same was referred to the city's budget session. C -16 On motion of Councilman Graham, seconded by Councilman Norris, claim against the city by Maureen Denny, 744 Islay Street, for damages incurred due to wind when tree split and fell on front of car causing broken winshield and dented grill, total damages $111.57, was denied and referred to the insurance carrier. C -17 On motion of Councilman Graham, seconded by Councilman Norris, claim against the city by Brande Bardell for damages incurred when sewer line was broken by the city and /or contractor performing work on Broad Street, $177.95 was denied and referred to the insurance carrier. Motion carried. C -17A On motion of Councilman Graham, seconded by Councilman Norris, claim against the city by Jacob D. Goss for damages to a motor vehicle on Higuera Street was denied and referred to the insurance carrier. Motion carried. C -18 J.H. Fitzpatrick, City Administrative Officer /City Clerk, announced the following appointments to city employment subject to one year's proba- tionary period: Lee Murphy to the position of Typist Clerk II in the Police Department beginning 4/26/76 at Step 1 or $614 /month. Melinda J. Kennedy to the position of Dispatcher -Clerk in the Police Department beginning 4/16/76 at Step 4 or $768 /month. On motion of Councilman Graham, seconded by Councilman Norris, the recommend- ation of the Administrative Officer was approved. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting to 12:10 p.m., Wednesday, May 5, 1976. .H. Fitzpatrick, City Clerk 1