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