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HomeMy WebLinkAbout08/19/1976City Council Minutes August 16, 1976 Page 12 On motion of Councilman Petterson, seconded by Councilman Graham, that the City Council accept the low bid of Southern Pacific Milling Company in.the amount of $55,132.00 and authorize the Mayor to sign on behalf of the City. Motion carried. X On motion of Councilman Graham, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3110 (1976 Series), a resolution of the Council of the City of San Luis Obispo authorizing budget adjustments for payment of costs involved in the Edna Saddle Tank Acquisition. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Petterson, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting to 4:00 p.m., Thursday, August 19, 1976. ,k�Rl Fitzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, AUGUST 19, 1976, 12:15 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call Councilmen PRESENT: Myron Graham, Jesse Norris and Mayor Kenneth Schwartz ABSENT: T.Keith Gurnee, Steve Petterson City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Bill Flory, Director of Parks and Recreation; R.D. Miller, Administrative Officer; Robert Mote, Utilities Engineer; Dave Romero, Director of Public Services; Lee Schlobohm, Fire Chief; Rob Strong, Director of Community Development 10. At this time the City Council considered the adoption of a conflict of interest code applicable to the members of the City Council and the City Administrative Officer. Mayor Schwartz declared the public hearing open. No one appeared before the City Council Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Norris, the following resolution was introduced: Resolution No. 3111 (1976 Series), a resolution of the Council of the City of San Luis Obispo adopting a conflict of interest code applicable to members of the City Council and the City Administrative Officer. City Council Minutes August 19, 1976 Page 2 Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson 12. At this time the City Council considered an appeal by Mrs. Victoria Petrucci on minor subdivision no. 76 -111, 2857 Johnson Avenue, appealing two conditions set by the City Council at its July 21 meeting as follows: Item 3. Fire hydrants shall be installed adjacent to driveway on Johnson Avenue acceptable to the city fire department. Item 8. The subdivider shall pay in lieu fees for park purposes. Rob Strong, Director of Community Development, again reviewed the conditions established for the minor subdivision 76 -111, on July 13, 1976, stating that these two conditions being appealed by Mrs. Petrucci are requirements for all city developments. He also recommended that the appeal be denied and further suggested that the subdivision be rejected due to all the problems involved and allow the staff to look into the ordinance for park in -lieu of fees. After some discussion by the City Council, Item 12 -3, the fire hydrant was referred to the city staff for some solution involving an area of benefit ' and item 12 -8 was referred to the staff and Planning Commission for a new proposal regarding park development fees and the entire matter was continued to September 21, 1976 13. On motion of Councilman Norris, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3112, (1976 Series) a resolution of the Council of the City of San Luis Obispo opposing the pro- posed sale by California Department of Transportation of surplus property at the Marsh Street interchange. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Graham, and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson 14. The City Council considered Tract 584, reversion to acreage of French property at the end of George and Iris Streets. Wayne Peterson, City Engineer, reviewed for the City Council the steps taken by the City since 1974, in attempting to have Charles French comply with the City's direction to revert to acreage that property owned by French at the end of George and Iris Streets, at which time the City would abandon those portions of the streets within the French holdings. He also reviewed the action taken by the City Council on June 7, 1976, that directed Charles French, on behalf of the property owners, to file the required parcel map within 60 days or remove the dirt which is in violation of the grading permit, and if not, the city to cite as a nuisance under the Nuisance Ordinances of the City. 11. At this time the City Council considered the final passage of Ordinance No. 677, an ordinance amending Section 2100, Article II, Chapter 1, of the Municipal Code, Meetings of the Council, and adding Section 2100.1, Special Meetings, was continued to when the full council can be present. 12. At this time the City Council considered an appeal by Mrs. Victoria Petrucci on minor subdivision no. 76 -111, 2857 Johnson Avenue, appealing two conditions set by the City Council at its July 21 meeting as follows: Item 3. Fire hydrants shall be installed adjacent to driveway on Johnson Avenue acceptable to the city fire department. Item 8. The subdivider shall pay in lieu fees for park purposes. Rob Strong, Director of Community Development, again reviewed the conditions established for the minor subdivision 76 -111, on July 13, 1976, stating that these two conditions being appealed by Mrs. Petrucci are requirements for all city developments. He also recommended that the appeal be denied and further suggested that the subdivision be rejected due to all the problems involved and allow the staff to look into the ordinance for park in -lieu of fees. After some discussion by the City Council, Item 12 -3, the fire hydrant was referred to the city staff for some solution involving an area of benefit ' and item 12 -8 was referred to the staff and Planning Commission for a new proposal regarding park development fees and the entire matter was continued to September 21, 1976 13. On motion of Councilman Norris, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3112, (1976 Series) a resolution of the Council of the City of San Luis Obispo opposing the pro- posed sale by California Department of Transportation of surplus property at the Marsh Street interchange. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Graham, and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson 14. The City Council considered Tract 584, reversion to acreage of French property at the end of George and Iris Streets. Wayne Peterson, City Engineer, reviewed for the City Council the steps taken by the City since 1974, in attempting to have Charles French comply with the City's direction to revert to acreage that property owned by French at the end of George and Iris Streets, at which time the City would abandon those portions of the streets within the French holdings. He also reviewed the action taken by the City Council on June 7, 1976, that directed Charles French, on behalf of the property owners, to file the required parcel map within 60 days or remove the dirt which is in violation of the grading permit, and if not, the city to cite as a nuisance under the Nuisance Ordinances of the City. City Council Minutes August 19, 1976 Page 3 He continued that to date Charles French has done nothing to comply with the Council direction and has done nothing to either filing the revision to acreage map or remove the fill. Finally, as there is no condition in the grading permit to require reversion to acreage, he recommended that the City Council abandon all consideration of abandonment of these streets to the Frenches' due to non - compliance by the property owners. D.F. Romero, Public Services Director, agreed with the City Engineer's recommendations to. drop all street abandonment proceedings as it is his opinion that the earth fill presents no problem to the City and the City should drop proceedings. The City Council discussed with staff the long history of the problem, and finally by unanimous consent of those council members present (Graham, Norris and Schwartz) the staff is to proceed with the action taken by the Council on June 7, 1976, and finally, the Council was quite disturbed that the matter was again brought to them after they had taken action and directed the staff to act. 15. The matter of the joint agreement between the City of San Luis Obispo and Model Linen Supply and Industrial Service for installation of a.sewer line in South Street between the Model Linen property and Higuera Street was continued until the construction bids had been received and the Model Linen Supply Company notified what its share of the actual cost would be. 16. Memorandum from W.F. Flory, Director of Parks & Recreation, notifying the City Council that funds for the construction of a swimming pool might be available from the State Department of Parks & Recreation from Land and Water Conservation Funds if the City had matching funds and could finance 100% of the project, half of which would be reimbursed. R.D. Miller, Administrative Officer, recommended that the City drop any consideration of this grant application since the City did not have 1 matching funds. The matter was received and filed. 17. Memorandum from R.D. Miller, City Administrative Officer, recommend- ing that the City Council consider replacing a 1955 GMC fire truck with a new truck at the cost of $63,682.68. This is a truck similar to the one purchased in July from the State of Californis, is an excellent vehicle and he recommended that the City Council proceed. On motion of Councilman Graham, seconded by Councilman Norris, the City Administrative Officer was authorized to call for bids for a new 1976 fire truck. Motion carried. 18. On motion of Councilman Graham, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3113 (1976 Series), a resolution of the council of the City of San Luis Obispo designating agency of the City to prepare conflict of interest codes in accordance with the Political Reform Act of 1974, directing preparation of such codes and rescinding Resolution No. 2085. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None 1 ABSENT: Councilmen Gurnee and Petterson City Council Minutes Autust 19, 1976 Page 4 19. On motion of Councilman Graham, seconded by Councilman Norris, the following resolution was introduced: Resolution No. 3114 (1976 Series) a resolution of the Council of the City of San Luis Obispo approving parcel map no. SLO -76 -80 (Robert and Donna Sterling, applicants; location: Serrano Drive) and requiring compliance with certain conditions prior to filing of the map. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson 20. On motion of Councilman Norris, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3115 (1976 Series) a resolution of the Council of the City of San Luis Obispo approving parcel map 76 -249 (Archie Higdon, applicant; location: Los Osos Valley Road) and accepting an easement for Prefumo Canyon Creek. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson 21. At this time the City Council considered minor subdivision 76 -243 (E. & W. Gifford - Pacific Engineers, applicant; 683 California Boulevard and 1421 Phillips Lane). Rob Strong, Director of Community Development, stated the Planning Commission recommended that the council approve the minor subdivision subject to five findings and six conditions. The findings are: 1. Planning Commission finds the proposed parcel 2 meets the intent of the City's lot depth /lot width ratio requirements acceptable to the City as a lot of record. 2. The proposed parcel map and design -are consistent with the general plan. 3. The site is physically suited for the proposed type and denisty of development permitted by the R -3 zone. 4. The design is not likely to cause substantial environmental damage or cause serious public health problems. 5. The design of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed subdivision. The conditions are: 1. Topographic map submitted as part of application shall be accepted for the land division only and is not acceptable for development of the site. Final parcel map should be so noted. 2. Each parcel shall be served by a city sewer. A ten foot sewer ease- ment shall be shown on the final map along the entire northwesterly property line of parcel 2 to serve parcel 1. August 19, 1976 Page 5 3. All-lot corners shall be staked by a registered civil engineer or licensed surveyor. 4. Curb, gutter, sidewalk and necessary street pave -out shall be installed on Phillips Lane to city standards and approved prior to recordation of the final map. 5. The applicant shall dedicate to the city and install improvements to accommodate one -half of a 50 -foot radius cul -de -sac at the end of Phillips Lane to the approval of the City Engineer. 6. Street trees shall be installed on all street frontages per Public Services Department approval prior to recordation of the final map. Harry Orton, on behalf of Pacific Engineers and Surveyors, requested that the City Council omit conditions 2,4,5 and 6 as 4,5 and 6 related to improvements that had been placed on the project. Since the two lots would have to have driveways and possibly other curb and pavement cuts, it was felt the improvements would be more intelligently constructed after the project for the sites comes to the city for approval. Therefore, he requested these conditions remain subject to building permits and not the parcel map. Item 2 concerned a ten -foot sewer easement to serve the subject parcel 1 through parcel 2. The property owner has been in contact with the prospective owner of parcel 1. He has indicated that the buyer's proposed structure has parking underneath the first floor to take advantage of the grade differential. This also makes the sewer easement unnecessary since the first floor would then sewer by gravity flow to California Street. He therefore, requested that item 2 be removed from the condition of approval. On motion of Mayor Schwartz, seconded by Councilman Norris, the City Council accepted the minor subdivision 76 -243 with the following amendments. Defer sidewalk, trees, curb, gutter and street which are to be palced in prior to construction and along with the building permit. Motion carried. 22. The City Council considered a communication from the Channel Counties Division of the League of California Cities, requesting that the Council consider the following resolution submitted to the Channel Counties Division for their next meeting: A. A resolution of the Council of the City of Santa Barbara urging support of property tax reforms. On motion of Mayor Schwartz, seconded by Councilman Norris, the proposed resolution was unacceptable to the City of San Luis Obispo as not fair to all dwellers, including renters, and it has no provisions for replacement of lost revenue. Motion carried. B. A resolution from the City of Carpinteria urging the state legislature to support regulations to require the State of California to provide financial assistance impacted by state activities. On motion of Councilman Norris, seconded.by Mayor Schwartz, that the City Council of San Luis Obispo support the idea in principle. Motion carried. The Mayor was to take that action at the next Channel Counties meeting. 23. On motion of Councilman Norris, seconded by Councilman Graham, the City Council approved the plans and specifications for alternate /automatic irrigation system, phase III, Laguna Lake Park, City Plan No. 21 -77, at an estimated cost of $6,720. Staff was authorized to call for bids. Motion carried. 24. On motion of Councilman Norris, seconded by Councilman Graham, the Council approved plans and specifications for Water System Improvement Project, Mortar -Line 16" Diameter Pipe, City Plan No. 23 -77, CIP Project No. 1, estimated cost $28,000 plus $3,640 contingency and engineering costs. Staff was authorized to call for bids. Motion carried.