HomeMy WebLinkAbout04/19/1977City Council Minutes
April 19, 1977
Page 2
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney;
R.D. Miller, Administrative Officer; Rob Strong, Community
Development Director; Rudy Muravez, Finance Director;
Roger Neuman, Police Chief; D.F. Romero, Public Services
Director
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1. At this time the City Council held a public hearing on the appeal
of John King from a decision of the Planning Commission in denying Minor
Subdivision No. 77 -66, 2701 Augusta Street, San Luis Obispo.
John King stated that the development proposed was in conformity with the
zoning ordinance, had a lower density than the surrounding neighborhood,
and was a creative solution to the problem of infill development in an
existing single family residential neighborhood...
Rob Strong, Community Development Director, reported that the Planning
Commission at its meeting of March 16, 1977'by a vote of 4 to 1 denied
the subject Minor Subdivision. The property in question was two undev-
eloped irregular shaped interior lots of approximately 45,000 total square
feet which were lots of record created with City approval in November 1960.
Each parcel had access to Augusta Street by way of a 10' strip'.
The applicant's request was to create four parcels from the existing two
parcels. Two of the proposed parcels would have access to Augusta Street
and two parcels would have access to Helena.Street through an easement
and cul -de -sac on Sinsheimer Park property. The applicant proposed to
construct single family residence on each parcel.. The staff was coordin-
ating with the School District and applicant to resolve and
improvement agreements for the park cul -de -sac.. '
Prior to the.Commission's.denial, the proposed subdivision and develop-
ment received preliminary approval from the Architectural Review
Commission on.a 4 to.2 vote and received deep lot use:permit'.approval from
the Board of Adjustment by unanimous vote.
The Environmental Review Committee. determined the proposed subdivision
would not have a.significant.'effect on the environment and issued a
negative declaration. However, after hearing substantial opposition from
the adjacent property owners, consideration of topography, lot configura-
tion, access, noise,'.and the minor creek running through the site, the
Commission determined the proposed development 3.8 dwelling units per
acre density was too intensive for the site and took action to deny the
Minor Subdivision.
The Commission noted that-two-or possibly three single family residences
would be a more appropriate development of the site.
Rob Strong stated, in staff opinion, the proposed subdivision and proposed
four unit met all the requirements of the zoning and subdivision ordin-
ances. Specifically, staff found no alternative to interpretation of
present provisions of the zoning ordinance, R -1 zone, which allowed a
second and third dwelling on lots existing prior to April 1, 1965 providing
there was sufficient lot area. It.appeared the proposed development
would be eligible under this provision'with no additional City approvals 1
needed other than.building permits. Staff had recommended that a use
permit be required for a.second or third dwelling on lots existing prior
to April 1, 1965 as part of the pending zoning ordinance text changes.
Said changes were not yet effective. Unless the Council was persuaded by
neighborhood testimony in opposition to the proposal, staff considered
a development and Minor Subdivision to be the best acceptable design
City Council Minutes
April 19, 1977
Page 3
despite Commission action to the contrary. He then stated that the staff
recommended that the City Council uphold the appeal, approve the Minor
Subdivision including four parcels from two parcels, subject to four
findings and fifteen conditions of the development. If the Council
concurred with the staff recommendation then resolutions would be
presented -at the .next regular Council meeting of May 3, 1977 to approve
the development.
1 J.H. Fitzpatrick, City Clerk, then presented a letter the City Council
received from Dale A. Sutliff and Sharon.A. Sutliff opposing the develop-
ment as proposed by John King and questioning the activities of the City
staff in cooperation with this developer to develop this property and
asking that -the Council investigate if this developer.had been receiving
special treatment by the staff in this project or other projects.
Dale Sutliff then reviewed paragraph by paragraph the recommendation of the
staff finding fault or objections with each of the recommendations and finally
suggested that, based on development problems and neighborhood opinion,
any development.of this property be confined to a maximum of two houses
located approximately where units 2.and 3 were shown on the map and further,
these houses should be -._ confined-_t- oFa.;airig1 floo_redeS-1gn-so._as , not : toxainduly
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restrict the neighborhood views and that should be compatible with the
housing fabric in.,-:the immediate area. He urged that the City Council. deny
the appeal and leave this property as open space.
J.H. Fitzpatrick, City Clerk, then presented a letter for the Council from
Ted Reinhardt, owner of lot 5, Tract No. 87 adjacent to the property.
Mr. Reinhardt objected to the proposed development stating that the gross
area of the property was deceiving, was traversed in part by a creek which
made the useful area considerably less than a normal rectangular parcel.
He also stated that two sides of the property were adjacent to the back
' yards of Tracts 55 & 87 leaving the only possible front yard exposure
facing the Sinsheimer.Elementray School, and also that the proposed access
would eventually open.on to Helena Street and would effect place lots 4, 5,
and 6 of Tract 87 in the - untenable position of having street.frontages
on the back yard as well as on-the street frontage in Sidney Street, and
the pioposed.development looked like it was being established for rentals
for students: He also felt that the cul -de -sac presently developed to
provide parking for the tennis courts was inadequate and would make it very
difficult for.people. living in the area. He also stated that school children
from the various Tracts had been using this area from the end of Helena
Street.as a.means of.access to the school.and.park.and that the Tracts
condition created by this development would create a- hazard to these children.
He also wished the City Council.to know that during periods of rain, the
water in the creek had overflowed the tops.making it dangerous and an
. impassable- area....:Finally,.he...wished the City Council.to know that they
must assume the responsibility for creating this problem. At.one time the
larger parcel with more than 180' of frontage -was owned by George Sleeter.
Unfortunately, the .City allowed Sleeter.to sp14,t off these lots - on Augusta
Street leaving only 20'.of frontage to provide access to the remaining
property. This 20' access was..not.only inadequate, but it was obvious that
a proper development would have required a subdivision map. Transfering
title to remaining undeveloped - portion was not an.adqquate reason for over-
looking the fact that four parcels had already been created by the original
lot split. He also urged the City Council to deny the appeal of John King.
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Mayor-Schwartz-declared the public hearing.open.
Vic Montgomery, Planner, spoke on behalf of the developer reviewing the
activities by staff.to date, the Architectural Review Commission, and the
Board of.:Adjustments finally concluded.that this was a good use of the
land, was a fair development for the property owner and the adjacent
neighbors and urged the City.Council to support the appeal.
City Council Minutes
April 19, 1977
Page 4
Dale Sutliff, Augusta Street, again read his letter in full dated 4/18/77
noted above.
Barbara Kraus; 2725 Augusta Street, was opposed to the proposed minor
subdivision. She felt that due to lack of adequate access to the proposed
lots and houses, it would make a very difficult development., She felt
the neighborhood had been mislead in the past when the City stated that the
entire ,lot could only be developed to one house.instead of the new proposal
to accommodate four units. She was also opposed to the long driveway for
access from Augusta Street which went along her property line and she felt
that this would annoy her and her family having cars driving in.and out
alongside her bedroom. She was opposed to the development due to poor
planning.and annoyance to the neighborhood. She urged the Council support
the action of the Planning Commission and - reject the.Planning staff's
second - guessing of Planning Commission action. Finally, she.felt that the
City should acquire this property for public purposes which she felt . had.
been already done by implied dedication.
Mrs. Garth, 1626 Garcia Court, was.opposed to the proposed development due
to its.impact.on the traffic on Augusta Street. She felt that the addition
of four units would-add a minimum of -eight cars to an already busy, over-
loaded street; diid would endanger children going to school: She urged that
the City Council support the Planning Commission's decision.
Mrs. Sharon Sutliff, Greta Place, opposed the development which would be an
imposition to property owners who have historically had open space behind
their properties and not just to support.further development. -She then
re -read for the Council's information portions of the Reinhardt letter.
Glen Wyatt., 1223 Sydney Street, opposed the development and felt that four
houses would not fit on the lot. He stated that developer's maps were
misleading and did'not show-tfie flood and drainage, problems on the property.
Gil Wilson, Greta Place, was opposed to the development. He felt that it
was a poor design, that the land was subject to flooding, and inadequate
parking was provided for each unit.
Dorothy Manthe, Greta Place, was opposed to the development, felt it was
poor design, and the land was subject to flooding. She also presented for
the Council's consideration a petition signed by 148 area residents based
on the following conditions:
1) We believe the four houses as presently designed are intended for
student rentals and thus would adversely and irrevocably alter the
character of the single family neighborhood;'
2) We believe that four houses represent a substantial overuse of this
creek area now designated as a sensitive site;
3) We believe that the long speedway access to Augusta .Street presents
a hazard to the numerous children and'idults who use the pedestrian
route to the Sinsheimer School and tennis courts.
4). We believe that the total blind access route to Helena Street
presents a hazard'to the numerous children and adults who use
that access route to the school and tennis courts.
5) We believe that by approving an access easement and constructing a
cul -de -sac at the end of Helena Street, the City will suffer a .
significant net loss in badly needed parking for the tennis courts,
thus causing additional on- street parking in front of the homes
on Helena and Sidney Streets, and that the City has prior commitment
and overriding responsibility to do in all its power to provide
this necessary parking - not reduce it.
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City Council Minutes
April 19, 1977
Page 5
6) We believe that the heavy use by the public of this area over
a period of approximately 25 years and particularly since the
City's tennis courts will be restricted and that an implied
public access will be violated if these homes are built.
She urged the Council to agree : tbat - the benefits which might accrue to the
applicants were far outweighed by the impact on the adjacent neighborhood
' and many who had for so long used and enjoyed the area. She therefore asked
that the City Council follow the Planning Commission's recommendation and
deny the request.
Mayor Schwartz declared the public hearing closed.
John Ring, property owner, spoke in support of his projects, stated that
each objection raised by the newcomers could be answered as each one had
been previously considered by himself, his architect, and the City of San
Luis Obispo, and would like to be able to develop this lot just as any other
property owner within the City.
The City Council discussed with the City Planning Staff the effect of the
deep lot subdivision provisions on the zoning ordinance on the subject
property.
Councilman Gurnee stated he felt that the developer-had tried to work within
the confines on the ordinance and with full knowledge of the neighborhood.
He felt that this development was in compliance with the City Council's
goals of infill rather than sprawl and he felt the Council would see more of
these odd shaped developments being attempted in the City in order to make
use of vacant lands within the City. He would reluctantly support the minor
subdivision to four units.
Councilman Petterson stated he felt the developer had a legal right to
develop and would support that right, although he could sympathize with the
neighbors' desire to keep open space adjacent to their properties for
their personal use.
Councilman Jorgensen felt that the property was difficult to develop, was
sympathetic to the adjacent property owners' desire to keep the open space
for their use, but the property owner had a right to develop his property
within the outlines of the City ordinance on lots of record. He did not
feel it was the best solution to the problem, but the property owners had
rights to develop lands.
Mayor Schwartz agreed that this was a difficult problem, that the property
owner had a right to develop within the rules adopted by the City ordinance,
although he did not agree that the ARC and the Planning Commission must agree
to that approval. He felt that the Planning Commission had the final approval
in this issue and he would support their action, but that it was still
difficult as the property owner also had rights to develop property. He
felt the Council should not take action until all questions had been answered
such as the easement brought out by the Council. He stated that the
arguments of safety were most important for him, for safety of the students
was very very important.
Mayor Schwartz moved that the City Council support the recommendation of
the Planning Commission and overrule the appeal. Motion lost for lack of a
second.
On motion of Councilman Gurnee, seconded by Councilman Jorgensen that the
City Council uphold the appeal and set consent of the tentative map to
May 3, 1977 with the staff to prepare the necessary documents, and the City
Councilman
Dunin stated this was a difficult property
development full of
confusion
between the Council and Planning Commission
on what City ordinances
'
mean. He
would wait for the School Board decision on
the entrance to the
property.
Councilman Petterson stated he felt the developer had a legal right to
develop and would support that right, although he could sympathize with the
neighbors' desire to keep open space adjacent to their properties for
their personal use.
Councilman Jorgensen felt that the property was difficult to develop, was
sympathetic to the adjacent property owners' desire to keep the open space
for their use, but the property owner had a right to develop his property
within the outlines of the City ordinance on lots of record. He did not
feel it was the best solution to the problem, but the property owners had
rights to develop lands.
Mayor Schwartz agreed that this was a difficult problem, that the property
owner had a right to develop within the rules adopted by the City ordinance,
although he did not agree that the ARC and the Planning Commission must agree
to that approval. He felt that the Planning Commission had the final approval
in this issue and he would support their action, but that it was still
difficult as the property owner also had rights to develop property. He
felt the Council should not take action until all questions had been answered
such as the easement brought out by the Council. He stated that the
arguments of safety were most important for him, for safety of the students
was very very important.
Mayor Schwartz moved that the City Council support the recommendation of
the Planning Commission and overrule the appeal. Motion lost for lack of a
second.
On motion of Councilman Gurnee, seconded by Councilman Jorgensen that the
City Council uphold the appeal and set consent of the tentative map to
May 3, 1977 with the staff to prepare the necessary documents, and the City
City Council Minutes
April 19, 1977
Page 6
Attorney.to look into_the_legal.questions brought up during.the public
hearing regarding deep lots, etc.. Motion carried, Mayor Schwartz voting
no.
2. John Parker, representative of the U.S. Civil Service Commission
reviewed for the.City Council.the final report.of.the..Employee Job Classi-
fication and Salary_Survey.under.taken.by his .agency under contract with the
City of San Luis Obispo. ..He.reviewed.various.sections of the report for
the Council dealing with survey objectives and the survey procedures,
reviewed the position classification study, how the positions were classi-
fied, the allocation factors, how the allocation factors were used to
classify positions, the workload on the classifications and how the various
persons involved with the development of the classification plan worked
together, and maintenance aspects.of the.classification plan. He also
reviewed the compensation plan including the objectives of the plan, the
major considerations.which..governed. compensation levels, the difference
between pay.ranges.and steps and the relationship between the classification
plan and the compensation plan. He then briefly reviewed the various
attachments showing lists of cities used and the salary survey, the organiza-
tional.charts.of the. various .departments,.occupational lists of classes,
etc.
Gordon Johnson, Personnel Director, recommended that the City Council's
final report be: received by the City Council and that the classification
titles and job descriptions be considered by the City Council at the May 17,
1977 Council meeting in order to give the employees and department heads an
opportunity to review the complete report in its entirety.
R.D. Miller, Administrative Officer, informed the City Council that the sal-
ary matters should be continued to meet and confer between the management
organization and the various employee groups, but that the job classifica-
tion.and _ titles.should.be placed in front.of.the Council for consideration
on May-17, 1977— ..
William Callaway, President of the Fire Fighters Association, objected to
removing the job and title classifications from meet and confer. He said
this was a typical trick of management-to separate the classifications from
the salary discussions.
Allen Grimes, City Attorney, stated that Mr. Callaway was wrong, that man-
agement had some prerogatives and one of the prerogatives of management
was the classification and job description of the employees in their
jurisdiction and that they were not subject to meet and confer, although
management could discuss the matter with individual.employees, employee
associations and /or other management personnel.
Bill Callaway, Fire Officers' Association President, again asked the City
Council to place the entire package into the meet and confer under the State
law.
The matter was continued to May 17, 1977.
Mayor Schwartz declared an Executive Session of the City Council at 8:55 p.m.
The City Council left the Council Chambers and reconvened at 9:05 p.m.,
and the Mayor announced the Council would take a recess at that time. The
City Council reconvened at 9:15 p.m. with all Councilmen present.
3A. At this time the City Council continued their public hearing on the
recommendation of the Planning Commission to adopt amended zoning ordinance
for the City of San Luis Obispo.
Rob Strong, Community Development Director, stated that at the April 6, 1977
City Council meeting certain proposed changes to the interim zoning ordin-
ance were referred to the Planning Commission for review and report. These
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City Council Minutes
April 19, 1977
Page 7
amendments.to both the text and charts were suggested by members of the
City Council, individual citizens and the-Planning Staff.
On April.13, 197.7 the Planning Commision completed, and.after 3;� hours.of
discussion, unanimously recommended.the attached report in the form of
meeting minutes put to the City Council for final action. While a
Commission meeting was not a public hearing, testimony was received from
interested citizens and representatives of the.construction and.archi-
tectural interests as the contents of the minutes revealed the majority of
issues reviewed at the April 13, 1977 meeting had been discussed at length
at previous Planning Commission and.City Council hearings. Nevertheless,
several.significant:refinements and changes-were favored by the.Commission
and are contained in the unanimous recommendation. t ...-
Rob Strong suggested that the City Council should review the Planning Com-
mission's.report.and identify any provisions which warranted further Council
consideration at the public hearing and rather than present the entire-list
of Commission ..recommendations,.the Staff would.respond to Council questions.
Finally, he stated that if the City Council approved the amendment to the
zoning ordinance as.recommended by the Commission, that..they authorize..the
City Clerk to pass the.ordinance to-print and at.the May 17, 1977 meeting,
after publication, have final.public hearing and.consider adoption..
The City Council then reviewed with the Planning Staff the recommendations
from the Planning Commission starting-with page 1 definitions and continuing
through to the.last table.
Mayor Schwartz declared the public hearing open.
Vic Montgomery, Architect,. first .thanked the City Council, Planning Commission
and-Staff for the cooperation:in allowing input to this rewrite of-the zoning
ordinance. He still felt that the "S" designation should be clarified and
the use made compatible within the ordinance..
Harry Orvis discussed-the adoption schedule of the ordinance rewrite.as
presented by the Planning Commission. .
Mike DeNeve,. representing the Building Contract Association,- also thanked the
City.Council for the cooperation on the rewrite by the Planning Commission
and staff..but.hoped that the Council would speed up the new ordinance ..
and really allow this to be an interim ordinance.
Mayor Schwartz declared the public hearing closed.
It was moved by Councilman Gurnee, seconded by-Councilman Jorgensen, that
the City Staff be directed to prepare the ordinance for final publication by
the City including the conditions:. 1) that the used.auto sales be deleted
in the.CR zone; and 2).that the ordinance be reconsidered by the City.Council
6 months after - adoption, with the final hearing on this ordinance to-be
May 3, 1977.
Motion lost on the following roll call vote:
AYES: Councilmen Gurnee and Jorgensen
NOES: Councilmen Dunin, Petterson and Mayor Schwartz
ABSENT: None
On motion of Mayor Schwartz, seconded by Councilman Petterson, the-City
Council direct the City Staff to prepare the ordinance for final publication
with a final hearing on May 3, 1977 and that a provision be made in the
ordinance to allow used auto sales in the CR zone to include a definition
City Council Minutes
April 19, 1977
Page 8
of "Maximum Dwelling Units Per Net Acres and not include a variable front
yard setback. Motion carried, all ayes.
3B. General Plan use designation.for.properties at.553 Chorro Street
and in the 1100 block.of Walnut Street.
During the adoption of the General Plan hearings by the City - Council, two
properties were referred back to the Planning Commission for evaluation of
land use designation. First area located north of and adjacent to the
U.S. Highway 101 at 553 Chorro Street bordered by Stenner Creek. The 1977
General Plan designated this area for "low density residential" use.
During.the hearing of this item, open space and office commercial land use
alternatives were discussed by the Commission and considered by the Council.
The Planning Commission chose by a 4 to 2 vote to reaffirm this property's
low.density residential 'classification and not initiate amendments to the
City's General Plan to accommodate other types of uses.
The second are involved property in the north half of the 1100 block of
Walnut Street south of and adjacent to Highway 101. This area was shown on
the adopted General Plan as high density residential. During the hearing
staged the plan the City Council determined the land use designation should
be high density residential rather than medium density residential. After
reviewing the development pattern on and surrounding the site, the
Planning Commission took action to reaffirm the General Plan's designation
as high density residential. The only General Plan change recommended by
the Commission involved a property at the corner.of Walnut.Street and Santa
Rosa Street. In light of the recommendation contained for an alternative
headquarter for Fire Station of recreation center property, the Commission
recommended that the-General Plan be considered for amendment in October
1977 to show professional office use of this site rather than public
facility consistent with the neighboring.property fronting Santa-Rosa Street.
Vic Montgomery, Planning Consultant, spoke in opposition-to the General Plan
designation of 553 Chorro Street as a low density residential. He suggested
that a multiple family density use classification of some type be allowed
so that the property owners could make adequate use of the property.
Dr. Baring Farmer, property owner, was opposed to having his property
designated from multiple density to low density residential. He felt
there was no way it could be developed as R -1 due to the freeway noise, etc.
He urged classification to office or multiple building density. He stated
he had brought several proposals to the City to develop this property for
office space, but each time the City Staff or City Planning Commission had
sent it back for additional information, and he felt at no time would he
ever be able to develop this property as an R -1 development.
On motion of Councilman Petterson, seconded by Mayor Schwartz;'a motion was
introduced _ instructing staff to correct the General Plan Map. Motion
carried, Councilman Gurnee voting no.
4. At this time the City Council considered the final passage of
Ordinance No. 699, an ordinance of the City of San Luis Obispo authorizing
sale of surplus real property located adjacent to the Sewage Treatment
Plant.
Mayor Schwartz declared the public hearing open. No one appeared for or
against the final adoption. Mayor Schwartz declared the public hearing
closed. I
On motion of Councilman Gurnee, seconded by Councilman Petterson, Ordinance
No. 699 was introduced for final passage.
Passed and finally adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
April 19, 1977
Page 9
5. At this time the City Council considered the final passage of
Ordinance No. 700, an ordinance of the City of San Luis Obispo amending the
official zone map to rezone property at 560 Hathaway Street.
Mayor Schwartz declared the public hearing open. No one appeared before
the Council for or against the proposed rezoning. The Mayor declared the
public hearing closed.
' On motion of Councilman Gurnee, seconded by Councilman Dunin, Ordinance
No. 700 was introduced for final passage.
Passed and finally adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
6. Continued discussion of proposed Fire Station No. 4, Laguna Lake
area. Continued from the April 5, 1977 meeting.
John King, developer and contractor, submitted for the Council's considera=
tion a different concept of fire station construction as an alternative to
the expensive proposal before the Council at this time. He submitted a
2600 square foot metal building which would house two.fire trucks, would
have two bedrooms, one dayroom, two bathrooms and an office. He estimated
that the cost of the building would be $99,000 or less and the on -site
costs. would be approximately $50,000. After reviewing his plans for the
City Council, he felt the City should put out for proposals for any and .
all contractors to submit within certain guidelines and certain types of
material the basic program for the fire station and then let the City
Council decide the final design submitted both
and efficiently. He felt in this way it would
other contractors could also offer their exper
offer the City an option to lease purchase the
payment plan with the City paying one -tenth of
ten years.
astheyically, economically
not only be his proposal, but
tise. He also stated he-could
property with a 10 year
the present over a period of
B. Duveneck, contractor, suggested that the City purchase a single family
home in the Laguna Lake area, build a garage to house one fire truck and
give the citizens in that area some type of fire protection within
economic reason.
Councilman Gurnee suggested that the City Council should consider changing
the location of the fire station from the present Los Osos Valley Road/
Madonna Road site to the City -owned property at Laguna Lake which would
avoid the excessive site development proposed in the architect's proposal
and in John King's. He felt the ultimate savings to the tax payers would
be substantial rather than the existing exorbitant proposal.
The City Council discussed with architect Fickes and with John King various
aspects.of the proposed fire station.
On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the City
Administrative Officer be directed to prepare a report to look into the John
King fire station proposal including the lease arrangement and also report
' on soil conditions at the present site and at the Laguna Lake site
adjacent to Calle Joaquin and report back to the City Council at 12:00 noon
on April 27, 1977. This report was to include all costs for development of
the building, land, landscaping, and special. equipment. Motion carried,
all ayes.
7. Minor annexation, Castle Motel, was continued to the Council meeting
of May 3, 1977.
City Council Minutes
April 19, 1977
Page 10
8. Communication from Linda Murray, Health and Safety Chairman -
Emerson P.T.A.
The Emerson Elementary School children, kindergarten.through third grade,
were small, too small, to safely negotiate the crossing at the.busy
intersection at Pismo and Nipomo Streets. Despite careful safety instruc-
tion, two of their students had been struck so far this year. Fortunately,
neither child was seriously injured. Nevertheless, she, the parents, and
staff of the school found this greatly disturbing and had become even
more conscious of the near misses observed daily, and she respectfully
requested that the City Council consider the placement of a crossing guard
at this intersection in the interest of 'saving childrens' lives.
Wayne Peterson, City Engineer, stated that in light of the request of the
Emerson Elementary School for a crossing guard that the City Council refer
the request to the staff for a more complete report before the Council
acted. The points that concerned the engineer most were the far - reaching
effect of an unwarranted installation that is, other schools had problems
which they felt were important and would look at this and say their situation
was comparable and request the same expenditure of funds. He felt a
review of the warrants that were now being used should be checked to see
whether or not the City wished to continue to use them.
Mrs. Murray again appeared before the City Council making very strong com-
ments on the safety of children using the school. She presented a long
detailed report on traffic using Pismo Street, the high speed of the
vehicles, and the lack of concern by the drivers for small children, and
she wished to emphasize that this particular school, the children went
from kindergarten through the third grade so they were not old enough to
really be aware of.the hazard. She felt the only answer was a crossing guard
to save a child's life.
Mary Ann Michaels, representing Hawthorne School, spoke in support of a
crossing guard and she felt this was the only way that childrens' lives
might be saved at this intersection.
A mother of a child who had been hit at this intersection stated that the
children needed help to cross the street and she did not see how the
City Council could equate a child's life with tax dollars.
Tom Grayson, parent, spoke in support of adult crossing guard in order to
save lives of these little children. Also'he felt more children were
using the school yard after school and needed some help getting across the
street.
Police Chief Neuman stated that he was beefing up speed enforcement in this
part of town but there was no way they could have a police officer at this
intersection all during the school day. He said he was also working with
some of the other schools in an attempt to get student crossing guards and
safety patrols to help out.
After discussion, it was moved by Councilman Petterson, seconded by Council-
man Dunin that the City Council place a crossing guard as an emergency
situation at the corner of Pismo and Nipomo Streets for the rest of the
school year, but continued to use the sign on Pismo Street and that this
decision was made as an exception to the State warrants. Motion carried,
all ayes.
9. At this time the City considered the lease agreement with the
Laguna Lake Company for purchase of the Laguna Lake Golf Course Driving Range.
The lease would commence December 16, 1976 and would terminate February
28, 1981 which date would correspond with the termination of the golf course
lease. The rent was calculated by a formula which represents the cost of
interest at 9k% expended by the owner in acquiring the property for $14,857
per acre times the number of acres actually utilized for the golf driving
range, up to 5.4 acres. If we utilized the full acreage, full monthly rent
would be approximately $565 per month. The City agreed to pay a prorated
share of the taxes which would be assigned against this parcel which would
be approximately $200 per month. The City had an option to purchase all
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City Council Minutes
April 19, 1977
Page 11
or any.portion of parcel based on appraisal at the time to be paid by the
City. Should the City purchase the property and then wish to dispose of-it
within 15 years, the current owners would have first right to re- purchase
based on an appraisal. The current owners and City agreed on a cost sharing
for the widening of Prefumo Canyon Road if this took place during the term
of the lease. The City and the owners mutually agreed regarding provisions
for tree.removal from property to the corner or Prefumo Canyon Road and Los
Osos Valley Road.
On motion of Councilman Petterson, seconded by Mayor-Schwartz, the City Jb'
Council adopted the following resolution: Resolution No. 3297 (1977 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Laguna Lake Company for lease of property
adjacent to Laguna Lake Golf Course for a driving range.
Passed and adopted on.the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
10. On motion of Mayor Schwartz, seconded by Councilman Dunin, to
approve the plans and specifications for "Roof Repair,;City Library Build-
ing", City Plan 38 -77 and authorize call for bids. Motion carried, all
ayes.
Consent Items:
C -1 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
claims against the City for the month of April 1977 were approved subject to
' the approval of the Administrative Officer. Motion carried, all ayes.
C -2 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the minutes of the following meetings were approved and ordered filed:
January
11,
1977
January
26, 1977
January
18,
1977
February
2, 1977
January
19,
1977
April 4,
1977
Motion carried, all ayes.
C -3 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the communication from James M. Duenow, Attorney, on behalf of Mr. Fred
C. Kimball regarding the City condemnation of a portion of the Kimball Tire
property at 252 Higuera Street was referred to the City's attorney, Dale
Mitchell and staff to contact property owners for discussion. Motion
carried, all ayes.
C -4 The request of the Business Improvement Area that a representative
of the Parking and Traffic Circulation Committee be appointed to the
City's Traffice Committee was denied on motion of Councilman Petterson,
seconded by Councilman Gurnee as no special interest groups would be seated
on various study committees. Motion carried, all ayes.
' C -5 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
communication from the Charter Review Committee asking for City Council
-guidance on continued study of the Charter Revision was referred to a
Council work study meeting. Motion carried, all ayes.
C -6 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the decision of the Court of Appeals on the appeal of the Whale Rock
Commission and the City of San Luis Obispo vs. the San Luis Obispo.
City Council Minutes
April 19, 1977
Page 12
Sportsman's Association was referred to the Whale Rock Commission... Motion
carried, all ayes.
C -7 On motion of Mayor Schwartz, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3298 (1977 Series),
a resolution of the Council of the City of San Luis Obispo increasing the
park and recreation fund appropriation.for the fiscal year 1976/77
authorizing a transfer of funds.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -8 On motion of Councilman Gurnee, seconded by Councilman Petterson,
the following resolution was introduced: Resolution No. 3299, (1977 Series),
a resolution of the Council of the City of San Luis Obispo granting approval
of tentative Parcel Map 77 -80 (L. Douglas Fiscus, applicant; 1365 and
1359 Palm Street).
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz.
NOES: None
ABSENT: None
C -9 On motion of Mayor Schwartz, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3300 (1977 Series),
a resolution of the Council of the City of San Luis Obispo granting
approval of tentative Parcel Map 77 -86 (Richard Burke, applicant; 805 -871
Via Estaban).
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
C -10 On motion of Councilman Dunin, seconded by Councilman Petterson, the
following resolution was introduced: Resolution.No. 3301 (1977 Series),
a resolution of the Council of the City of San Luis Obispo granting approval
of tentative Tract No. 642, located at 1295 Los Osos Valley Road.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Gurnee, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -11 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3302 (1977 Series),
a resolution of the Council of the City of San Luis Obispo granting approval
of tenative Tract No. 639, located at 1605 to 1685 Pereira Drive..
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
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City Council Minutes
April 19, 1977
Page 13
C -12 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3302 (1977 Series),
a resolution of the Council of the City of San Luis Obispo granting approval
of tentative Tract No. 639, located at 1605 to 1685 Pereira Drive.
Passed and adopted on the following roll call vote:
AYES: Councilman Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None ,
C -13 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3303 (1977 Series),
a resolution of the Council of the City of San Luis Obispo amending
Resolution No. 3255 (1977 Series) which granted approval of the tentative
Map for Tract 592, Los Verdes Estates, Phase III, by deleting condition
No. 30 concerning sale of lots through a lottery.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
C -14 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the City Council accept and authorize the recording of a sewer and water
easement in..a portion of Lot-25 California Park for extension of Monte Vista
Place from Mrs. Rose Gracia. Motion carried, all ayes.
C -15 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the request of the housing authority for the City Council to make vacant
parcels of land owned by the City available to them for redevelopment was
referred to the City staff to develop procedures for implementaiton. Motion
carried, all ayes.
C -16 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3304 (1977 Series),
a resolution of the Council of the City of San Luis Obispo amending
Resolution No. 3257, a resolution determining that public convenience and
necessity require construction of certain improvements.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Gurnee, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
C -17 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3305 (1977 Series),
a resolution of the Council of the City of San Luis Obispo authorizing
participation in the Local Agency Investment Fund in the State Treasury
of the State of California.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
April 19, 1977
Page 14
C -18 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3306 (1977 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and Sherwood Terrace Enterprises for Flora
Street extension acquisition.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None
C -19 On motion of Councilman Petterson, seconded by Mayor Schwartz,
the request of Grover City urging the City Council for the- adoption -of
the League of.California Cities of appropriate measures to ensure that all
political candidates are afforded equal treatment under the Fair Political
Practices Commission was approved and the City Clerk was requested to
follow through on the action. Motion carried, all ayes.
C -20 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the claim against the City by Ann Elizabeth Miller for injuries allegedly
sustained in an automobile accident at Johnson and Monterey Streets was
denied and referred to the insurance carrier. Motion carried, all ayes.
C -21 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following salary step increases were approved:
Mikel J. Park - Battalion Chief Fire Marshal
From Step 4 or $1546 to Step 5 or $1632
John P. Richerson - Maintenance Man II
From Step 3 or $892 to Step.4.or $938
Julie A. Warthen - Secretary
From Step 1 or $720 to Step 2 or $760
Motion carried, all ayes.
C -22 R.D. Miller, Administrative Officer, announced the promotion of
Steven M. Smith from the position of Acting Captain to Captain effective
4/1/77 at Step 3 or $1314 per month, subject to one -year probationary
period at the Fire Department. Motion carried, all ayes.
C -23 The Project Schedules for the month of April were received and filed.
C -24 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3307 (1977 Series),
a resolution of the Council of the City of San Luis Obispo granting final
approval of Parcel Map No. SLO -76 -111 (applicant, V. Petrucci; 2851
Johnson Avenue).
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson.and Mayor Schwartz
NOES: None '
ABSENT: None
C -25 On motion of Councilman Petterson, seconded by Councilman Jorgensen,
the following resolution was introduced: Resolution No. 3308 (1977 Series),
a resolution of the Council of the City of San Luis Obispo approving the
application for grant funds under the Roberti- Z'Berg Urban Open -Space and
Recreation Program and superseding previous Resolution No. 3265 (1977 Series)
adopted for a similar purpose.
City Council Minutes
April 19, 1977
Page 15
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
B -1 The City Clerk reported on the following bids received for "Traffic
Signals, Los Osos Road and Madonna Road ", City Plan 11 -77:
Engineer's Estimate: $55,000
Lee Wilson $47,695
P.O. Box 250
Arroyo Grande, CA 93420
Collins Electrical Company $49,700
P.O. Box 1609
-Stockton, CA 95201
Galland Electric Company $50,948
2020 E. Lincoln
Anaheim, CA 92806
Steiny & Compan,- $56,333
27 Sheridan Street
Vallejo, CA 94590
On motion of Councilman Dunin, seconded by Councilman Petterson, that the
low bid of the Lee Wilson Electric Company, Arroyo Grande, be accepted.
Motion carried, all ayes.
B -2 The City Clerk reported on the following bids received for "Motor
Vehicle Equipment:"
Spring Toyota
1144 Higuera St.
San Luis Obispo, CA
Kimball Motor Co.
P.O. Box 1380
San Luis Obispo, CA
Hysen - Johnson Ford.
P.O. Box 1208
San Luis Obispo, CA
Item 1 Item 2 Item 3
SEDAN SEDAN PICKUP
$3,611.48 $3,461.48 $3,509.43
$3,657.67 $3,582.67 $3,434.40
No bid $3,713.00 No bid
On motion of Councilman Petterson, seconded by Councilman Dunin, that the
low bid in each case be awarded and be accepted and that the colors be
limited to white in color. Motion carried,.all ayes.
On motion of Councilman Petterson, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3309 (1977 Series),
a resolution of the Council of the City of San Luis Obispo increasing
equipment replacement fund appropriations for the 1976/77 fiscal year and
authorizing a transfer to funds.
City Council Minutes
April 19, 1977
Page 16
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Petterson, seconded by Councilman Gurnee, the
meeting adjourned to 12:10 p.m., Wednesday, April 20, 1977. Motion
carried.
APPROVED: July 5, 1977 cif/
Fitzpatrick, City Clerk
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