Loading...
HomeMy WebLinkAbout12/15/1969MINUTES REGUTAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBJ,SPO, CALIFORNIA December 15, 19969 - 7:00 P.M. City Hall Pledge Roll Call Present: Emmons Blake,. Myron Graham, Arthur F. Spring,- , Donald Q. Miller, Kenneth E. Schwartz City Staff o -Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; L. Wilson, Park and Recreation Depart - ment Foreman; Ho Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; E. Rodgers, Police Chief; L. Schlobohm, Fire Chief.. The minutes of the meetings of November 17, 1969 and December 1, 1969 were ap- proved.as corrected. On motion of Councilman Graham seconded by Councilman Miller, claims against the City for the month o December 1969 were approved.subject to the approval of the Administrative Offioar. Motion carried. 1.. 4.Housing Directory for the City of San Luis Obispo prepared as a senior pro- ject by James Kluck and Andrew Mesquit, listing available housing for students and faculty of Cal Poly was ordered received and filed. The City Clark was in- stracted to thank the student's for a job well done: ' 2. -Continuation of the appeal of the Save Our Stream Committee regarding the pro- tection-of the creeks within the City of Sin Luis Obispo from further pollution and degradation by dumping, etc. •Dr,. Kre sa coordinator for the Save Our Stream Committee, appeared before the ity ouncil again urging that the City take whatever steps are necessary in or- der-to protect the creeks from further degradation. D: F. Romero, City Engineer, presented a report which stated that the San Luis Greek and other channels throughout the community are privately owned and not owned by the City or under control of the City. He continued that any property owner who has made drainage connections from their property into the creek has done so without the necessity of City approval as the City does not have any con - trol over the installation of these drainage pipes. He continued that.the City does not have control over the quality of discharge into the creek and therefore some of the problems mentioned by the Save Our Stream Committee are not suscep- tible to City rules and regulations. He stated that the Water Quality Control Board does have authority to-control discharge into "waters of the State" and -has sufficient authority to control these discharges. The main problem of the Water Quality Control Board is the lack of man power, as this district has seven persons to cover four counties and does not have sufficient personnel to police stream.discharges- within the four counties as their main effort is directed to- ward discharge from industrial and municipal treatment plants. D. -F: Romero continued that the Department of Fish and Game also has considerable 1 authority regarding discharge into streams -that would adversely affect fish life, but that they can only issue citations when they observe a detrimental discharge, or he can proceed on a complaint basis after receiving information of such pol- lution. Again one of the problems with the Fish and Game Department is the lack of personnel to adequately control potential pollution. He also stated that if- raw 'sewage is found to be discharging into the creek the County Health Department can take action but they normally do not-proceed except on a complaint basis. City Council Minutes December 15, 1969 Page 2 Based on this information, Mr. Romero stated.that State agencies have authority for the protection of the creeks and there is sufficient law on the books to con- trol these problems, except that someone has to be on the spot to witness the act of pollution or the nuisance constructed in the creek area. He stated that City personnel inspect the creeks on an annual basis in order to protect the , flow of storm waters and to remove any obstructions that might hold up the floe of storm waters*, Mr..Romero continued that these inspections o pe d o not cover esthetic treatment of "'creek. In conclusion he stated that funds, have been set aside in the;.:1969-i 70 budget for retaining a consultant to study modification of the chlorination' facilities at the sewer treatment.plant and that when the study is complete and the improvements have been made, the problem. of City discharge of sewage with toxic levels of.chlorine should be eliminated. H. Johnson, City Attorney, presented-the following report on the recommendations OT e San Our Stream-Committee in order to more strictly enforce anti- pollution in-the City's creeks. He stated that it was his understanding that not only City but various State and County agencies.are constantly investigating existing and potential sources of; waste discharge into the creeks, b4t -he felt that aiiy new proposals which offer new and novel methods for controlling waste discharge would be appreciated by all the agencies working on this problem. He continued that many of the so called °bootleg"- pipes are actually storm water discharge lines and if they were connected to the City's sever system it would overtmc the system. Further, he -continued that the City does'not permit establishment of sewage Ischaige lines• into the creek. H. Johnson stated he felt there were sufficient ordinances and state laws•avail- s e to nsure the removal of debris, trash and other obstructions in the creek _that would affect the local flow of water. He felt that the level of- eniocce -,; , ment desired by the City Council should be-conveyed to-the City Engineer.. He: also reviewed for the Council the fact that various state and county`.agencies have the authority and responsibility of keeping waste out of the creek system, but that due to.lack of .man power these agencies normally only act on a- .complaint basis after the act has occurred. -It is very difficult to pinpoint the.'materi.al and the source as normally no witnesses will come forward and give the;inform —_, ation naming the source of pollution. He concluded that he did not wish to push these problems aside as they present a serious. cause for concern. 11e_ also felt there was sufficient law -to cope with the pollution problem once the "so iwee dad' be identified, but the'problem is the level of. patrol it would take to adequately insure no pollution in-the streams. C. McElroy, Regional.Water Quality Control Board, stated that due to the.limited staff and the large number of counties in this area, it was impossible for them to -even attempt to patrol the various drainage streams*, He stated that they would,be most happy to proceed on a complaint.basis if someone would come forward with information as to "the persons causing pollution. It was his opinion - -that the City Council should adopt an-ordinance which mould control waste discharg in all the creeks in the City-and that the ordinance should be enforced by the,-City. He made this recommendation of the basis,that,the City, is. here, that the.peMonnel. are here, and the source of pollution is within the City limits. He continued. that his board would be most happy.-to cooperate in any way. He suggested.that the City contact the cities of Salinas, Santa Cruz, Morgan Hill and Santa Barbara who have done a good job protecting their creeks through City control._ In res- ponse to an inquiry.from Mayor Schwartz, he..offered to secure copies'of:ordinapcss currently in effect in other cities .which are proving effective in preventing. pollution. Be; Barrows, Meinecke Street, .stated it was his opinion that the major-problem was one of education, to get the public to realize that they are not to .use, the,creek for disposal of trash, garbage and waste. P City Council Minutes December 15, 1969 Page 3 Dr�..Kre saai Save Our Stream Committee, commented to the City Council that it was his =erstanding that the State Law does not prohibit the City.Prom.enacting a City ordinance much stricter than State.Law.to control.this problem. Councilmsa:Miller stated that he felt the Council should set a special meeting to conswer t problem and other problems involving the creeks of San Luis Obispo. He felt that attempting to hear this matter at a regular Council-meeting with a large agenda and several public hearings did not give the Council enough time to study the problem. He-also felt that the.Council.should consider acquiring the creek property so that someone or some agency can:assume control over the creek property being violated. He also felt the City Council should take some positive. steps.to.control the.environment.of the creeks in San Luis,Obispo. .He continued that the Council should assign some agency to.control all. types of pollution in the City's creeks. He suggested that the Council meet on,January 12, 1970 to discuss creek problems. Councilman Graham stated he felt that all agencies that have authority on creek pollution should be heard for their suggestions as to the best.way to clean up the creeks and keep them that way. He continued he would be willing.to consider an ordinance which would allow the City government to control creek pollution and depredation.. He also felt that an education program was needed to bring the pollution.problem..to• the attention of the .citizens of San Luis-.Obispo, many.of whom may not be aware that a small amount of trash contributes to a large pol- lution problem. Councilman Spring stated he was for cleaning up the creek, keeping it clean and Ireautification o the creek for the residents of ths.community, but he felt that unless the people of the City want a clean creek and will work in cooperation with the City, additional ordinances will not do the job. Councilman Coundilman Blake agreed that civic pride is needed in order to eliminate . waste and —won problems in the City's creeks. Further he felt that the City will have to take over the maintenance of the creek as it.is his impression that the State agencies will not or do not take action unless someone has a case laid out for them. He felt that the City should consider adoption of the necessary ordin- ances to get the job done as soon as possible. Mayor Schwartz summarized the discussion of.the creek problems as follows: 1: That the creeks are privately owned and that the.City has little or no control over private property. 29 The creek problem in San Luis Obispo has been under study for many years in order to find the best method of handling stream control, creek. beautification, and for use by the citizens. ` 3.;- He,felt the creeks could.be improved and beautified so they could be used both as storm•drains.and. for esthetic.purposes.with walkways, etc. 14., The people should realize that the creeks are storm drains to protect adjacent properties: 5* - The' Creeks are natural fisheries,•_ 6: Sufficient tool& are available to.control.the, pollution and waste . problems in the creeks, through the Fish and Game Department, the County -Health Department and the Regional Water Quality,Control Board. He felt that some:::method should be found to bring all this.power to the root of the problem; the persons who persist in using the creeks for garbage disposal* 1 He continued that the City should proceed immsdiatley with modifications to the chlorine facilities at the sewer plant-so as.not.to: cause any more:problems from City. - operations.. He.felt that the City should .make multi-use of the streams not•only to carry storm waters but to also take.a.dvantage of their scenic value with walkways, etc. He also..felt that the Public Works Department should be re- quired to make more than one inspection per year, in order to fully be aware of the sources of waste disposal into the creek.. He suggested that the following steps should be taken. 1. Studies should be made and a plan developed to determine the mdnim m cross section of the creek that would be necessary to carry storm waters. City Council Minutes December 15, 1969 Page 4 2. Steps should be taken to protect the fishery from further depredatio_n.• 3. The recreational use of the creek should be studied as part of this plan. 4. The Plan should protect the property owners of adjacent land from tres- pass and damage. 5. The City Council should consider the cost of proceeding with such a plan. 6. The Council should also consider the cost of acquiring - easements 4a4r" proceeding with the plan. . Councilman Miller again urged the Council,-to set up a meeting in order to.get ews o e general public on City control of the creek. Council mn Graham stated he felt a meeting of interested people regarding the ultimate use of the streams would do no harm and would be of interest to the City Council for fu.take planning. Councilman Blake stated he questioned the plan of putting walkways along the creek G private property as he did not quite see the benefit of this, but he would agree on implementing a plan to stop pollution, and to keep the creek as clear as possible. On motion of Councilman Miller, seconded by Councilman Graham, that.the City Council hold a.•meeting at 7:30 P.M., January 129 1970 to discuss the matter of creek pollution, etc. Motion carried on the following roll call vote: AYES: Donald Q. Miller, Myron Graham, Kenneth E. Schwartz NOES: Emmons'Blake, Arthur•F. Spring ABSENT: None 1 3. At this time the City Council held a public hearing on appeals from the: order of the City Engineer.to abate nuisances in the streams, drainage.channels: 1 and waterways of the City of San Luis Obispo. 3A. J. E. Hazard, 546 Higuera Street, Fill in channel and sewer line across creek. J. E. Hazard appeared before the City Council stating that the sewer line cros- sing the creek had been in that position for a. minimum of 20 years and the fill reported by the City Engineer had been in that area pior to his acquisition 'of the property fifteen years ago. He stated he did nab feel.it was reasonable,to be required to correct problems that have existed for such a long time. - D. F. Romero explained the problem involved to the City Council with the con- gestion caused by the fill and obstruction in the creek caused.by the.'aewer line, which during storm periods could.cause'debris to hang up and•eause flood- ing to• adjacent- properties. He continued that one solution to the problem of the sewer line was to run a line from the trailer.park through adjacent prop- erty under different ownership, to Higuera Street. As the.back of the lot was lower than the sewer line at Higuera,it'is impossible to cross the. Hazard property and meet the sewer main grade on Higuera Street. He.suggested that, one solution to the fill problem was to have the bank cut back to the normal creek width and then place sack rip rap to.protect the bank-from further•.ero- sion. However, he stated that due to the magnitude of the problem the cost could be as much as $10,000. Mir Schwartz suggested that this particular problem was another reason why the L y's oa adopt a drainage plan for the City.so that affected property , owners would kno:r what the proper width and depth of the drainage channels should be. He honestly felt it was unreasonable'to ask a property owner to -correct violations which have existed for many,,-many years. It was moved by Councilman MJ3 er,•seconded by.Councilman_Graham, that .the City uphold the appeal of the property owner. City Council Minutes December 15, 1969 Page 5 H. Johnson, City Attorney, explained the implications of the Councills.action.as 0 ows: if the City Council agrees with the City Engineer that the sewer line and.fill constitute.a serious hazard, then the Council has to determine whether the City of the property owner should bear the expense of correcting the hazar does conditions. Having concurred with the City Engineer that there is a.serious hazard, there might be.liability if the City fails to take appropriate steps to abate the nuisance. On the other hand, if the.City Council upholds the appeal of the property owner on the grounds that the risk of damage is minimal and the cost of correction is prohibitive, it is unlikely that.a court would second guess such a decision.. Councilman Blake urged that before the_Council voted on this matter they should seriously consider. the implications of the action being taken. Councilman Graham felt that the cost-to the property owner to correct this prob- lem was excessive and.he did not feel he could vote to make the property owner take this responsibility. Councilman Miller suggested that perhaps.the Council should defer any action on this creek obstruction until a complete study and a drainage plan have been com- pleted. The motion lost on the following roll call vote: AYES: Donald R. Miller,.Myron Graham . NHS: Emmons Blake, Arthur F. Spring, Kenneth E. Schwartz ABSENT: .None On motion of Councilman Blake seconded by Councilman Miller, that.this matter be continued for thirty days for preparation of a final drainage plan in this area and.this action does not excuse the property owner.from the responsibility of keeping the channel•clear. Notion carriedy The City Engineer was to report on this matter on January 5, 1970. Relative to.the sewer line, it was,moved by.Mayor.Schwartz, seconded by Councilman Miller, that the appeal be upheld. Notion carried. 3B. Kathryn Elting, 579 Dana Street; pole and board retaining wall. D. F.. Romero explained the problem -and obstruction in -the creek. and showed colored slides of.the.obstrnction and.the_possible.problem of; damage to other properties in the creek area. K. Elling objected to being required to-remove her pole and board retaining wall as she felt that it was not detrimental to the stream or adjacent Property. She felt that this wall would protect her property from-further damage in-the event of a storm again filling the creek. She also objected to being singled•dut to correct an obstruction as she felt there were many other people on the stream with more serious obstructions who have not been required to correct them. Further, she complained-that at no time did the City advise her that she ::could "-not protect her property from further storm damage.. She velt that.in view of the decision on the hazard.obstruction the Council should also continue this matter -until a drain- age channel study has been, made. . ' D. F.._Romero.stated that one major problem with,this particular.retaining wall. was that it was poorly constructed and will not hold up under strain'of s4turated earth fill. He felt that if the wall collapsed it would cause damage to down— . stream property as the debris would clog up drain pipes and culverts. A second major problem is the deflection of storm waters to property across• the channel. due to the angle of the board wall. On motion of Councilman-Blake, seconded by Councilman Spring, the appeal was denied.and the obstruction was to be removed within•sixty days. Notion carried. City Council Minutes December 15, 1969 _ Page 6 `3C. C. N. Nielsen, 478 Lincoln Avenue; Block wall in channel. _ D. F. Romero,-City Engineer, again explained the problem of the obstruction in the creek caused by•this large retaining wall, he also showed slides of the vio- lation. He continued that the method of construction and the depth of•the wall would, in a period of high water, force the water across the creek causing dam age to property on the other side. C. N. Nielsen appeared before the City Council stating that he built this wall during the past summer using concrete blocks and the wall was stable.- He• stated he built the wall in order to protect his property from further damage caused by the rampaging waters during storm periods. He stated that he studied.the.creek. area below his property and that it is much narrower than it is on his propertys- therefore he doesn't feel he was causing anyone any damage. He also stated that he did not feel the wall constituted a hazard:to the free flow of water.. He hoped that'the City Council would allow him to keep the wall for the protection of his property. Councilman Spring stated he did not feel that this wall was an obstruction: 'to.. the creek nor would it cause damage to the adjacent property. Councilman Graham felt that the wall added to the general beauty of the creek in the area and was well constructed. R. Dickey, Engineer, suggested that if'•the upstream side of -the wall were more streamlined, it would be stronger and would not force the water across the creek at an angle. Councilman Miller stated that after examining the wall he felt it was an obstruc- tion to the free flour of water in the stream. He stated he was sorry the property owner built the wall without consulting the City.•.. Mayor Schwartz stated that after inspecting this property and adjacent property• he felt the wall was an obstruction to the free flow of water. He also•stated•- he was sorry the property owner built the wall without consulting the City. He. did feel the wall would affect the'stream during storm periods. D. F.'Romero, City Engineer, stated that if the upstream portion of the wall _' - were re � it possibly would not'be as dangerous to adjacent property as'it _.. is at the present time. On motion of Councilman Miller, seconded by Councilman Suing, that Mr. Nielson work with the City Engineer for possible revisions to streamline the wall,.and . the City Engineer to report to the City Council within thirty days on this mat ter. Motion carried, Mayor Schwartz voting no. = ' 3D. R. F. Soukup, 537 Brizzolara Street; concrete block in channel:. D. F, Romero explained the problem to the City Council and showed slides of the obstruction in`.the creek. R. F. Sonku appeared before the City Council stating he felt that as the oon creee blocks were in the creek at the time he purchased the property six years ago and they are firmly imbedded in the creek, he honestly did not feel that they interfered with the flour of water. He asked that the City Council excuse him from being required to remove these blocks. D. F. Romero explained to the City Council the various ways of removing-these b coseHe stated that he felt that for less than $$O.00. the blocks could be removed downstream to a place where they wouldn't cause damage. R. F. Soukup stated if the blocks could be removed for $50.00 he would.be'happy. to pay the City to remove the obstruction and withdraw his appeal. No action was taken by the City - Council. The City-Engineer was instructed to proceed with negotiations with Mr. Soukup for removal of the obstructions. 1 1 1 City Council Minutes December 15, 1969 Page 7 4* At this time the City Council considered a second list of obstructions in natural drainage channels.throughout the community, presented by.the City Engineer. Owner Location Conrad 386 N. Broad Defreese 398 N. Broad Boriack 172 N..Broad Leitcher 1027 Nipomo Stornetta 710 S. Higuera Nature of Obstruction Leaning pipe & board fence Leaning pipe & board fence Sewer lateral thra.drainage pipe Corrugated metal fence in creek Footbridge supported in channel On motion of Councilman Spring, seconded by Councilman Blake, the City Engineer was authorized to notify the property owners in accordance with the provisions of Ordinance No. 159. Motion carried. Mayor Schwartz asked the City Engineer that if any of the people appealed to the City Council, his office prepare a sketch of the work required to correct the obstruction and an estimated cost. 5. On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1991, a resolution thanking the Corps of Engineers for work recent completed in San Luis Creek. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring.9 Donald Q. Miller, Kenneth E. Schwartz NOES : - None ABSENT: None 6. At this time the City Council held apublic hearing on the recommendation of the Planning Commission to rezone from R -1 to PD R -3 to R -H S that property known as 1192 Foothill Boulevard. (Mustang Village). R. D. Young, Planning Director, presented the following recommendations of the Planning ommission: 1. The subject property was zoned PD R -3 in April 19611, to allow for develop - ment of Phase I and Phase II, Mustang Villagep student housing. Phase II has automatically reverted to R -1 zoning since the developer did not com- ply with the time schedule set forth in.the approved plan. 2. Subsequent to the approval of the PD R 3 zoning, the Planning Commission took action to rezone property contiguous to the west from R -1, C -N-S, R -3 and R-4 to R -H in accordance with the recommendations of the General Plan for this area. The subject property was excluded from the rezoning initiated by the Planning Commission because of the PD designation and the Planning Commission's policy not to initiate rezoning on approved planned develop- ments. 3. The Commission was of the opinion that the requested rezoning was .a logical expansion of the existing R -H district; however, it was also their opinion that the "S" (Design Control) designation should be attached in order to ensure that future development on the property will be compatible with adjacent properties. ' Mayor Schwartz declared the public hearing open. B. Borah, representing Arnett and Broadbent, property owners, appeared before the it�ouncil urging approval of the requested rezoning as they propose to develop mulyi -unit housing on the property for students and faculty of Cal Poly. No one appeared before the City Council opposing the rezoning. Mayor Schwartz declared the public hearing closed. City Council Minutes December 15, 1969 Page 8 On motion of Councilman Blake, seconded by Councilman Graham, the following or- dinance-was introduced. Ordinance No. 472, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -1 to PD R -3 to R -H-S that property commonly known as 1192 Foothill Boulevard, Mustang Pillage) . Passed to print on the following roll call vote: AYES: Emmons Blake Myron Graham -Arthur F. Spring, Donald Q. Mi�ler,.Kenneth L Schwartz LACES: None ABSENT: None 7. On motion of Councilman Graham, seconded by Councilman Miller, the following ordinance was introduced for-final passage. Ordinance No. 470., an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To.rezone from C -N to R -H the east and west sides of Osos Street between Islay & Church Streets) Finally passed on the following roll call vote.:. AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller NOES: Kenneth E. Schwartz ABSENTS None 8. On motion of Councilman Grabam, seconded by Councilman S rin ,:the following ordinance was introduced for final passage. Ordinance No. 471, an ordinance amending the Official Zone Map of the City of 9W Luis Obispo. (To rezone from R -1 to PD R-2 the block between Los Osos Valley Road, Oceanaire D=ives Royal Way and Galleon Way) 9. On motion of Councilman Blake, seconded by Councilman Springy the following ordinance was introduced for final passage. Ordinance —No* 465P., an ordinance amending portions of Article III, Chapter 1, Part.2 of the San Luis Obispo - Municipal Code to adopt the 1967 edition of the Uniform Fire Code. Finally passed on the following roll -call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Springs Donald Q. .Miller, Kenneth E. Schwartz NOES: None ABSENT: None 9230 P -M, Mayor Schwartz declared a recess. 9240 P.M. The meeting reconvened with all Councilmen present. 10. Communication from Allan C. Johnson regarding development of a minor sub- division adjacent to Lizzie and Titilding Lane, and inquiring if the City would be willing to place curb, gutter and sidewalks on that portion adjacent to Lizzie Street which is a small splinter of land of no use to the developers or would the City be willing to participate with the developer in the,costs of the improvements. D. F. Romero, City Engineer, explained how this small splinter.of land occured. A. C. Johnson,felt that the City should participate in the street improvements along the creek as he felt it would be an asset to the community and a necessity for public use of the street. Further, if the developer had to pay for the cost of these improvements on lot "A" of the minor subdivision it would mal=e the cost so high that the lot would become non - competitive with other similar lots in the City. He stated that if the City would contribute on the street improvements he would improve the splinter along the creek. He continued that he could under- stand why this property lay dormant for so many years as the cost to develop this land was prohibitive for the private developer. 1 1 City Council Minutes December 15, 1969 Page 9 Councilman Blake questioned the City participating in the development of a pri- vate parcel of land without helping other private land developers in the same manner. Councilman Spring stated he could not see any advantage to the City or the public by participating in the development of the street improvements. He felt this would be a bad precedent for the City and he would vote that the City not go along with ,this request. Councilman Miller stated he could, b c see no way the City could justify the expen- ture of pu funds to develop a portion of a private subdivisions On motion of Councilman Miller, seconded by Councilman Spring, that the City Clerk be instructed to notify A. C. Johnson that the City rejects his proposal to participate,in the development of the lot on Lizzie Street or to accept dedication of the property to the City. I _ Councilman Graham felt the City should help with the development of this property as it would be an asset to the City. Motion carried on the following roll call vote: AYES: Emmons Blake., Arthur F. Spring,.Kenneth E. Schwartz NOES:. Myron Graham, Donald Q. Miller ABSENT: None. U. Communication from the City. Engineer and the Police Chief regarding parking zones on the east side of Chorro Street between Monterey and Palm Streets was ordered received and filed on motion of Councilman Blake, seconded by Council- ' man Graham. -12. D. F. Romero, City Engineer, reported to the City Council that he has re- ceived a petition representing 74% in favor of water and sewer assessment district on Broad Street near Orcutt Road, commonly referred to as the Yoakum No, 2 Sewer and Water District. He continued that he would recommend that the City Engineer's Department do the design and assessment spread for construction early in 1970, and that the City Council appoint a bonding attorney and set up funds for engin- eering. He estimated that the total cost for the project would be $24,000 in- eluding bonding fees. R. D. Miller, Administrative Officer, suggested that the City Council first secure a proposal from a bonding attorney in order to start off on the right step for the formation of the district. On motion of Councilman Spring, seconded by Councilman Blake, the following reso- lution was introduced. Resolution No. 1991, a resolution increasing the 1969 -70 budget. ($1s000 be added to the General Fund Budget and placed in Account #228, Yoakum #2 District Revolving Account, and the Unbudgeted Reserve be decreased by $1,000) Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz ' NOES: None ABSENTS None 13. At this time the City Council again considered the acceptance of the off - site improvements for the Fiesta Mobile Home Park on Prado Road. City Council Minutes December 15, 1969 Page 10 -H. Johnson, City Attorney, reported that a claim of Lien had been filed with the ty Clerk against funds owed by the City to the developer of the Fiesta Mobile Home Park, and with the acceptance by the City, no funds would be transferred until the lien had been dissolved. On motion of Councilman Spring, seconded by Councilman Graham, the following resolution was introduced. Resolution No. 199 , a resolution approving final acceptance of the off -site improvements for the Fiesta - Mobile Home Park sub= ject to final approval by the City Engineer and receipt of.an appropriate guarantee, satisfactory to.the City Attorney, assuring the title of the City to the street improvements will be free and clear of all liens. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None l4e D. F. Romero, City Engineer, reported that the TOPICS program in this area calls for a coordinator-from each 'community rather than a central coor- dinator as occurs in mote highly urbanized areas. Therefore, he suggested that the City Council appoint a coordinating agent for the City of San Luis Obispo, probably himself as City Engineer. On motion of Councilman Miller, seconded by Councilman Blake, D. F. Romero was designated as the City of San Luis Obispo's coordinating agent to the TOPICS program. Motion carried.. 3,5. At this time the City Council considered the conditional acceptance of Tracts No. 292, 351 and 352'. H, Johnsons City Attorney, briefed for the City Council the reasons for estab- shing the conditions in the proposed resolution accepting the tracts conditionally by the City. He emphasized that, by the very, terms of the resolution, the surety for Tract 292 had to agree to indemnify the City against any risk of loss because of the partial acceptance of Tract 292 and release of 'the surety in Tracts 351 and 352 before the resolution would become fully effective. Furthermore, he pointed out that the resolution was also inoper- ative until the developer presented to the City an appropriate escrow agreement to insure property release of the funds now on deposit with Goleta. Savings and Loan. R. Skinner, developer, urged that the City Council adopt the resolution con- - ditionally accepting these tracts as he felt that this. was the action needed "to free funds held by the investment company so-that he could proceed with the completion of these tracts. On motion:of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1990, a resolution for conditional acceptance of a portion of Tract 292 and all of facts 351 and 352 in the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 1 1 1 City Council Minutes December 15, 1969 Page 11 169 D. F. Romero brought the Council up to date on the sewer problem.on- Benton Way explaining that it•had been approximately five years since a backup had occurred due to the careful maintenance program of the sewer crew w. He explained that this time the root growth had plugged the line prior to the rodding work. Councilman Miller stated that this problem of the sewer backing up has been affecting these property owners over a number of years and he felt the City should pay for the installation of check valves in the sewer line to protect properties subject to flooding by the.sewer. Further he felt that the City Council should provide funds in the 1970 -71 Budget and once and for all re- condition the sewer lines serving these properties in order to eliminate -any sewer problems. Councilman Spring agreed with the comments of Councilman Miller that this mat- ter has been before the Council a number of times since he has been on the Council and he further agreed that something should be done to stop these problems once and for all. On motion of Councilman Miller, seconded by Councilman Spring, that the Admin- istrative Officer be instructed to place in the 1970 -71 Budget sufficient funds to properly correct the sewer problem on Benton Way. Councilman Blake stated he felt he could not vote•for the moriton without seeing all alternatives for handling the situation and plans to correct it. Councilman Graham felt that the property owners in the area should be.made aware of the problem before any money is expended by the City or before any trees and landscaping are damaged in removing the sewer line. Mayor Schwartz suggested that the City should look into alternate- methods of correcting the sewer problem before any final decision is made as to what should be done. The motion was withdrawn by Councilmen Miller and Spring. ,On motion of Councilman Spring, seconded by Councilman Miller, that the City Engineer be instructed to develop studies for alternate methods of correcting the sewer problem on Benton Way. Motion carried. 17. Traffic Committee Report of December 11, 1969. 69-12-5T. For some time the traffic committee has been studying the need for improved street lighting on Santa Rosa between the Stenner Creek Bridge and - Boysen Avenue. At first, center island ornamental lighting was considered, but rejected when word was received that the state would not approve or share in the cost of such lighting. After that, the committee studied the possibility of installing electroliers along either curb, but this was rejected because under - grounding was 'desired and this did not seen economically proctical. Recently the City Engineer received a revised policy ruling in a verbal dis- cussion with Mr. Ginsberg of the Division of Highways to the effect that the State was opposed to the installation of street lighting in median islands and would not participate in their installation but would not prohibit the City from making such an installation. The traffic committee therefore recommends that seven double bracket alw3inui. electroliers'be installed in•the median island on Santa Rosa from the creek to a point slightly north of Boysen Avenue. The installation cost would be approximately $1200 and the annual maintenance cost about $900. On motion of Mayor Schwartz seconded by Councilman Graham, the matter was continued. Motion carried; Councilman Blake voting no. City Council Minutes December 15, 1969 Page 12 69- 12 -7T. It has been called to our attention that the upper part of parking lot #12 has not been too widely used as customer spaces. The suggestion was made that this portion of the lot which contains forty -two spaces be changed to all day parking with meters which take a nickel for two hours, a dime for four hours or a quarter for ten hours. We so recommand,..but suggest that the change not be made until after the Christmas rush. The recommendation of the Traffic Committee was approved on motion of Council- man Blake, seconded by Councilman Spring. Motion carried. 69- 12-8T. At the request of the Traffic Committee, the City Engineer has con- ducted a speed zone study on Grand Avenue between Monterey and Slack. (See copy attached) Results of this study indicate the desirability of raising the existing 25 mph speed limit to 35 mph. We so-recommends, but suggest that.the higher speed limit stop and start at McCollum instead of Slack if state laws regarding school crossings prevent raising of the limits in front of the Pacheco and Chris Jespersen Schools. If the Council agrees that this recommendation should receive serious consideration, it is suggested that a hearing be adver- tised on the matter before considering the introduction of an ordinance to this effect. - The recommendation of the Traffic Committee was approved and a public hearing was set for January 19, 1970. The City Clerk was instructed to advertise the public hearing. 69- 12-9T. The City Engineer has made a study of the new Highland Drive street extension and feels that three additional street lights should be installed between Guests. and North Chorro. We so recommend and suggest that he be auth- orized to cooperate with the utility companies by doing the necessary trench - ing and back - filling in connection with an underground installation. The recommendation was approved on motion of Councilman Blake, seconded by Councilman Miller, with overhead wiring on a temporary basis until under. grounding has been accomplished. Motion carried. 69- 12 -12% The Traffic Committee recommends that the City Engineer be author- ized to order an additional street light on Osos about half way between Palm and Mill Street in the vicinity of the alley which runs at right angles to Osos. The recommendation was approved on motion of Councilman Graham, seconded by. Councilman Miller. 69 -12 -6T. In accordance with the Council's request, the City Engineer and Police Thief have been surveying the feeling of the property owners and ten- ants on the east side of Chorro between Monterey and Palm on the suggestion that all. parking be eliminated in that block. The reaction has been largely negative, and it is therefore recommended that Mr. Romero's alternate chan- nelization plan be approved and the existing yellow zone recently installed near the Kuan Book Store be repainted red to add to the existing red zone which facilitates right hand turning movements and that this loading zone be relocated around the corner on Palm Street, thus eliminating the first parking meter space east of Chorro on the south side of Palm. 69- 12 -1OT. The Traffic Committee feels that traffic congestion would be re- duced if left turning movements off Santa Rosa at Palm were prohibited between 4 and 6 o'clock P.M., Sundays and Holidays excepted and we so recommend. On motion of Councilman Graham, seconded by.Councilnan Miller, the following resolution was introduced. Resolution No. 1992 a resolution rescinding a loading zone on Chorro Street; establishing a red zone on Chorro Street, and a loading zone on Palm Street; and prohibiting left turn movements on Santa Rosa Street during certain hours. J � J 1 1 C 1 L City Council Minutes December 15, 1969 Page 33 Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron.Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT:. None 69- 12 -11T. It has been suggested that the existing red zone on the east side of Sant Rosa just north of.'Palm Street be extended for forty feet. We so recommend but suggest that a hearing be scheduled and interested parties in this area be contacted prior to making a final decision on the matter. On motion of Councilman Graham, seconded by Councilman Miller, the recommendation of the Traffic Committee was accepted and a public hearing set for January 19, 1970. 'Motion'carried. 18. Communication from R. D. Young, Planning Director, recommending that the proposed annexation contiguous to Highland Drive be approved. On motion of Councilman Spring, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1993, a resolution of. appji.cation of the City of San Luis Obispo to the San Luis Obispo County Local Agency Formation Commission relative to a proposal to annex territory to the City of San Luis Obispo designated "Highland Drive Annexation ". Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller NOES: None ABSENT: None Mayor Schwartz disqualified himself from voting. 19. Communication from Gair and Siple, attorneys representing J.H. Nochols and Lonnie Nichols, purchasers of the A & M Yellow Cab Company, requesting that the City Council consider amending the taxicab ordinance to allow persons who have been convicted of a felony to obtain taxi driver permits if they can show rehabilitation. They gave as an example, an employee of the Ventura taxi company who had been convicted of a felony and was now a trusted employee. E. Rodgers, Police Chief, stated he hoped that the City Council would not amend the ordinance as he felt this was a good way to protect the people using the cab services from any possible problems. Further, he felt that the customers of the cab company would want this protection as he did.not feel that the public would feel very secure if this type of driver were hired. Councilmaa Miller objected, stating he felt the ordinance should be amended and that all persons should be given an opportunity to earn their way in Life. He continued that some - pebple who -have.been convicted of a.felony and have paid their debt are willing and able to take their place in society, but when they get out of prison no one will give them a job. He 'felt the ordinance should be amended. L. Nichols appeared before the City Council on behalf of his request to amend the ordinance to allow persons who have been convicted of a felony to drive taxicabs in San Luis Obispo. -He agreed with Councilman Miller's comments that rehabilitation was necessary if the former prisoner were not to again lead a life of crime, City Council Minutes December 15, 1,069 Page 14 on motion of Councilman Miller, seconded by Councilman Graham, that the City Attorney be instructed to amend the taxicab ordinance to allow persons who have been convicted of`.a felony to obtain.:a permit to drive taxicabs in the City of San Luis Obispo. The motion was lost on the following roll call vote: AYES: Donald Q. Miller, Myron Graham , NOES: Emmons Blake, Arthur F. Spring, Kenneth-E. Schwartz _ABSENT: None 19A. At this time-the City. Council held a.public hearing on the request that the certificate of public convenience and necessity to operate a taxicab in San Luis Obispo be transferred from W.C. and K. J. McBrayer to L. and J. H. Nichols. E. Rodgers,'Police Chief, stated he had no objection'to the transfer as the' Fe-questing company had a good record in Ventura. 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 Miller, seconded by Councilman Graham, the certificate of public convenience and necessity was transferred from W. C. and K, J. McBrayer to L.'and J. R. Nichols effective December 20, 1969.' Motion carried. 20. Communication from W. D. McGinnis, Special Projects Engineer, District V. California State Division of Highways, regarding landscaping of the nervy Police Facility. He stated that it is not the State's policy to landscape convention- al State highways within urbanized areas, so they will be unable to plant the areas requested, however, he stated that if the City so desires to plant the area the State will be most happy to issue an encroachment permit for the City to plant and maintain these areas. On the second matter regarding the no- parking sign removal, he stated the State Highway.Department will remove the sign if the City will paint the curb red and continue to maintain the red curb. P. Gerety,.Planning Assistant, reported on the communication from the Division of Highways, stating that if the'City wishes'.the no- parking'sign removed, that the curb must be' painted, and that the City has the following options& 1) paint the entire curb red from Walnut to Olive , or 2).paint the curb red in front of the Police Facility only, and relocate the sign.just south of the freeway over - panso. As far as the landscaping of the property adjacent to the police facility, if the Council wishes, this matter could be referred to the Design Review Board and the staff could make plans and estimates for their consideration. On motion of Councilman Miller, seconded by Mayor Schwartz, that the no- parking sign be removed and the curb painted red from Walnut to "Olive. Motion carried. Councilman Blalae voting no. The matter of landscaping the adjacent property was referred to the Design Review Board. On motion of Mayor Schwartz, seconded by Councilman Blake; that the-.City sign the necessary encroachment permits for.landscaping of•the -state -awned property adjacent to the police facility. Motion carried. City Council Minutes DecemheCr 15, 1969 Page 15 -20C. At this time the City Council considered Change Order No. 3 for Dennis Landscaping Company, contractor for landscaping of the police facility, in the amount of $90.26. The Change Order was due to the relocation of the vacuum breaker assembly from its present location to a location directly adjacent to the wall of the police facility. ' On motion of Councilman Blake seconded by Mayor Schwartz, Change Order No. 3 was approved. Motion carried, 20D. Council consideration of the following contract payment: Dennis Landscaping Company Est. #1 $49970.13 City Plan No. 10-70 Landscaping of Police Facility On motion of. Councilman Blake, seconded by Mayor'Schwartz, the contract pay- ment was approved and ordered paid. ,Motion.carriede 21. Communication from the San Luis Coastal Unified School District forwarding report on the Nuss Pool recreational swimming program for the 1969 season and asking that the City Council again budget funds for the 1970 season in the a- mount of $600. The report was ordered received and filed and the Administrative Officer was instructed to include funds in the 1970 -71 budget for the Nuss Pool recreation- al swimming program, subject to review by the Sinsheimer area recreation committee who recently asked for a breakdown of expenditures by the School District from the community service override tax. 22. Bulletin from the League of California Cities regarding underground utilities and recent action by the Public Utilities Commission regarding ' same, and a communication from the PacifYc Gas and Electric Company noti- fying the City Council of the amount of funds available to P.G. & E. for underground utilities. The communications were ordered received and filed and referred to the budget study sessions. -23. Communication from the State Water Resources Control Board forwarding Notice of Adoption of Waste Discharge Report Filing Fee Schedule was ordered received and filed. 244 Communication from the California Council on Intergovernmental Relations forwarding a policy statement on Regional Organization of Planning Districts and notifying the City of Sari Luis Cbispo that they have been placed in region number eight (8). The City--Council stated they had no objection to this assignment and requested the City Clerk to notify the CIR of the Council's concurrence. 25. On motion of Councilman Blake seconded by Councilman Spring, the Mayor was authorized to sign and record on behalf of the City a Quitclaim Deed from St. Luke Baptist Church of San Luis Obispo for utility easement and sanitary -sewer across Brook Street. Motion carried. 26. Communication from H. Hileman, Children's Librarian, requesting a leave of absence for the month of —January 1970 due to ill health, was approved on motion of Councilman Blake, seconded by Councilman Spring. 279 On motion of Mayor Schwartz, seconded by Councilman SEEIng, the following nominations for appointment to the Citizens Advisory Committee were made: Mrs. Marjorie Sorensen Mrs. James C. Bowers The nominations were approved by the Council. City Council Minutes December 75, 1969 Page 16 28. .- On•:motion of Councilman Graham, seconded by Councilman Miller, the follow- ing salary step increases were approved. Motion carried, . Brady, Sharon - .Stenographer From Step 2 or $460 to Step 3 or $485 Hammond, Norman R. - Utility Plant Operator. From Step 3 or $545 to step 4 or $572 29. D. F. Romero, City Engineer, presented the final map of Tract No. 3851 Fremont Plaza. He stated that no public improvement was required and the City Council could accept the final map. He continued there were no conditions on the acceptance. On motion of Councilman Blake, seconded by Councilman Springs the following resolution was introduced. Resolution No.'199 ,.a -reso ution approving the final map of Tract No. 385; Fremont Plaza. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 30. At this time Mayor Schwartz announced to the City Council that he had made the following appointments to the Ad Hoc Committee to Study Parking in Downtown San Luis Obispo: - Marvin Dee, City Planning Commission Ross-Humphreys Chamber of Commerce Clay Davidson, Downtown Association James Landreth, Cal Poly Adelaide Tietje, Housewife. 31. R. D. Young, Planning Director, reported to the City Council that R. Tayl.ary Landscape Architect for the Mission Plaza, had completed all the changes recom- mended by the City for Phase I and he was preparing the necessary plans and specifications. He stated that the estimated cost before contributions would. be $65,710. 32. Councilman Miller explained to the City Council that for the past year he has been a member of the League of California Cities committee on transportation and has been active on the committee and he was interested in the work being carried on by this committee, but for some reason not known to him he had not been appointed again to this committee. He wished the Council to look into this matter to see why he was not reappointed and if he could be appointed if a vacancy occurred. The City Council instructed the Mayor and staff to loola into this matter. 33. The City Council adjourned to executive session.to discuss property.acqui- sition with potential litigation. 34. On motion of Councilman Blake, seconded: by Councilman Graham, the meeting was adjourned. . FIT RICK, CITY CLERK APPROVED: January 5, 1970 I i