HomeMy WebLinkAbout04/06/1970MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
April 6, 1970 - 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
Present: R. D. Young, Planning Director; J. H. Fitzpatrick,
City Clerk; J. Stockton, Park and Recreation Supervisor;
H. Johnson, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire
Chief; E. P. Thompson, Director of Water Department
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1. On motion of Councilman Blake, seconded by Councilman Miller, the following
items were approved or resolved on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
A. Minutes of the meetings of March 2, 9 and 16, 1970 were approved as
presented.
B. Claims against the City for the month of April 1970 were approved and ordered
paid subject to the approval of the Administrative Officer.
C. Interim Report from the Ad Hoc Central Business District Parking Committee
was ordered received and placed on the agenda of the April 13 study session.
D. Report of the City Engineer concerning priorities for future street improve-
ments was ordered received and placed on the agenda of the April 13 study
session.
E. The following contract payments were approved and ordered paid.
C. S. Construction Co. Est. #4 $2,828.83
Chorro St. Improvement
City Plan 21 -69
C. S. Construction Co. C:0. #1 $ 338.41
Chorro St. Improvement
City Plan 21 -69
C. S. Construction Co. C.O. #2 $1,739.93
Chorro St. Improvement
City Plan 21 -69
C. S. Construction Co. C.O. #3 $ 60.00
Chorro St. Improvement
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City Plan 21 -69
C. S. Construction Co.
Est. #5
$5,670.38
Chorro St. Improvement
(Final)
City Plan 21 -69
Dennis Landscaping
Est. #3
S 994.03
Police Facility Landscaping
(Final)
City Plan 10 -70
Madonna Construction Co.
Est. #5
$1,102.51
Madonna Road Widening
City Plan 12 -69
City Council Minutes
April 6, 1970
Page 2
Madonna Construction Co.
Madonna Road Widening
City Plan 12 -69
Sully - Miller Contractors
Los Osos & Madonna Roads
Resurfacing
City Plan 16 -70
Sully - Miller Contractors
Los Osos & Madonna Roads
Resurfacing
City Plan 16 -70
Est. #6 $ 5,215.02
(Final)
Est. #1 $10,408.84
Est. #2 $ 1,156.54
(Final)
F. The following salary step increases were approved:
Alstot, Gary - Fireman
From Step 3 or $660 to Step 4 or $697
Dormany_Gerald - Fireman
From Step 3 or $660 to Step 4 or $697
Johns;,Johnny,JM: - Janitor
From Step 1 or $410 to Step 2 or $435
Ramirez, William - Maintenance Man II
From Step 1 or $485 to Step 2 or $515
G. The following resolution was passed and adopted: RESOLUTION NO. 2030, a
resolution increasing the 1969 -70 Budget. (Capital Outlay - Southside Park be
_ increased by $31,000.00)
H. The following resolution was passed and adopted: RESOLUTION NO. 2029, a
resolution increasing the 1969 -70 Budget. (Painting Motor Vehicle by $400)
I. Communication from Dr. Lawrence M. Field requesting that the City Council
continue their financial support of the County Development Association was
referred to the budget session.
J. Communication from the Chamber of Commerce requesting financial assistance
from the City of San Luis Obispo for fiscal year 1970 -71 was referred to the
budget session.
K. Communication from the Planning Director notifying the City Council that
the Planning Commission has concurred with the recommendation of the Advisory
Committee on Joint Recreational Use of School District Property, that Southwood
Drive not be continued through the Sinsheimer recreation area to connect to
Helena Street and communication from the School District on the above subject
were referred to the Planning Commission for amendment to the General Plan.
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L. Communication from D. Richard E. Fleming requesting sick leave in excess
of five days for Charlotte Horn, City.Clerk's Office, was approved.
M. Administrative Officer, Richard D. Miller, announced the appointment of
John Quirk as Water Foreman starting at Step.-3 or $780.
COUNCIL DISCUSSION WAS REQUESTED ON THE FOLLOWING ITEMS:
N. The City Clerk reported on the following bids received for the Sewer Extension
between Chorro and Benton Way, City Plan No. 18 -70: '
Fred Julien & Associates $1,703.20
San Luis Obispo
Smees' Plumbing & Heating $2,429.02
San Luis Obispo
W. G. Watkins $2,634.00
Paso Robles
W. M. Lyles $3,436.00
Santa Maria
.:-West Coast Construction $3,576.50
San Luis Obispo
City Council Minutes
April 6, 1970
Page 3
Engineer's Estimate' "$2,344.00
D. F. Romero, City Engineer, stated that the low bid was substantially below the
Engineer's estimate and that the contractor had never performed any work for the
City in the past. Also, the contractor was operating under another engineer's
license. However, he did not feel he had any firm basis to recommend not
accepting the bid.
On motion of Councilman Blake, seconded by Councilman Graham, the low bid of
Fred Julien and Associates was accepted. Motion carried.
0. The City Clerk reported on the following bids received for the Monterey
Street Storm Drain, Ctiy Plan 17 -70:
Burke Construction Co. $11;870.00
San Luis Obispo
W. M. Lyles, Co. $10,777.50
Santa Maria
Madonna Construction Co. $10,375.00
San Luis Obispo
;Wesley' G .'' Watkins $10,283.00
Paso Robles
Smee's Plumbing & Heating $12,150.61
San Luis Obispo
West Coast Construction $10,020..00
San Luis Obispo
Engineer's estimate $ 9,970.00
D. F. Romero, City Engineer, recommended that the low bidder be notified that the
City would hold all bids for 30 days in order to attempt to coordinate the pro-
ject with the Shell Oil Company.
H. Johnson, City Attorney, stated that the original reason for requesting the
bids was the desire of Shell Oil Company to proceed without delay.with demo-
lition of the existing building and installation of a new station. If the
service station was to be delayed, it might be necessary to reject all bids -
at this time. The delay could result in.additional costs for the City portion
of the project and this should probably be a matter for discussion with Shell
Oil Company.
On motion of Councilman Graham, seconded -by Councilman Miller, that all bids be
held for thirty (30) days, with the City Engineer to notify West.Coast Construc-
tion Company of this delay. Motion carried.
2. At this time the.City Council considered•the final. passage of'Ordinance No..479,
an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To
rezone from.R -1 to C -N -S that property located at the northwest corner of Los Osos
and Madonna Roads. )
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for oragainst the final passage of
this ordinance.
1 Mayor Schwartz declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Spring, the following
ordinance was introduced for final passage. ORDINANCE NO. 47.9, and ordinance
amending the Official Zone Map of the City of San Luis-Obispo. (Rezone from
R -1 to C -N -S that property located at the northwest corner of Los Osos and -
Madonna Roads)
Finally passed on the following roll call vote:.
AYES: Emmons Blake, Myron Graham, Arthur F. Spring.,
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
City Council Minutes
April 6, 1970
Page 4
3. Mr. Joe Warnagieris, County Assessor, appeared before the City Council and
made the following charges against the Council:
CHARGES
1. Misues of public funds ..
2. Conspiring to shift certain business property taxes to homeowners
3. Conducting secret meetings
BASIS FOR CHARGES
1.Under a subterfuge you budgeted $10,000 for a registered lobbying
organization
2..' According to information from Senator Grunsky's and Assemblyman
Ketchum's office you have endeavored to introduce legislation which
would either exempt or reduce certain businessmens' property taxes
and shift them to homeowners.
3. You have not made public announcements or held any open meetings
on your lobbying activities.
CONCLUSION
Prov'i'sions of the Government Code of California do not authorize such
activities by City governments.
Therefore, I ask you to hold a public hearing in the near future for the
purpose of cancelling your August 1, 1969 agreement and recover.ing the
$10,000.
Councilman Blake questioned the propriety of Mr. Warnagieris making wild charges
against the City Council without first presenting the charges in writing or any
evidence of his allegations, so that the City Council would be aware of the
basis of his attack and be able to defend themselves from such a wild attack
from a County official. He continued that the normal procedure when a person
or group is attacked is to be presented with the charges and then given.an
opportunity to answer. He stated that the so called charges made by Mr..
Warnagieris against the City Council did not present any evidence or reason
for the attack, or state why the attack was being.made or on what basis.
Councilman Miller reminded the City Council.of'his long standing opposition to.
the granting of any City funds to the Chamber of Commerce for promotional and
advertising purposes. He further hoped that.the City Council would not grant
any City funds to the Chamber of Commerce.
Councilman Blake again stated that he felt the City's contract with the Chamber
of Commerce outlined the use of the City's grant for promotional and advertising
purposes and did not leave any surplus funds for supporting so= called lobbying
against the County Assessor.
H. Johnson, City Attorney, stated the the City's contract with the .Chamber
calls for specific duties to be performed and grants the City the right to verify
that all funds have been expended for the purposes intended, but does not confer
upon the City the right to demand copies of correspondence on unrelated activ-
ities of the Chamber. However, it is unlikely that the Chamber would refuse to'
supply a copy of the letter in question, if requested by the City Council. .
The matter was continued for further investigation of the charges made by
Mr. Warnagieris against the City Council.
4. Mr. Burgess Webb, representing a.group of architectural students from Cal
Poly, presented a proposal to the City Council to amend and improve upon a
portion of Richard Taylor's Mission Plaza Plan, Phase Il, in the vicinity of
the west end of the plaza.
B. Webb proposed constructing a stairway near the creek at Broad Street next to
the Art Center, creating an observation area to introduce and orientate the
plaza area to visitors. He continued that the proposed stairway would be con-
structed of heavy timber with concrete and steel as structural supports. He
felt the construction would be in keeping with the character of the Mission
and he stated that the proposal had the tacit approval of Richard Taylor,
Landscape architect for the Plaza. He stated that if approved by the Council,
construction of the stairway would begin immediately by the Poly Royal Committee
of the School of Architecture.
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City Council Minutes
April 6, 1970
Page 5
B. Webb.estimated that:.the cost of the material would be approximately $1025 and
labor $600 for a total cost of $1625. He stated that the Poly Royal Committee
would provide the labor and as much of the material as possible- He stated that
all that was being requested of the Council was approval and some minor financial
assistance. .
Councilman Blake urged. the City Council to give support to the Cal Poly students
so that the proposed addition to Mission Plaza could be completed by the beginning
of the 1970 Poly Royal and be used as a demonstration of cooperation with the
students.
Councilman Miller agreed with the comments of Councilman Blake and. stated that if
it would be possible he would Like to see the stairway added to the Plaza.
Mayor Schwartz stated he t6o felt this was a good proposal and would be an asset
to the development of Mission Plaza but he felt it would be a bit difficult to
work so quickly without knowing what the City's total financial contribution
would be.
H. Johnson.-City Attorney, briefed the provisions of the Charter which requires
informal bids for all projects in excess of $500.
On motion of Councilman Graham, seconded by Councilman Spring, that the Council
authorize the Cal Poly students to proceed with their proposal., with the City's
financial contribution not be more than $500, and that the plans be .reviewed by
the City Engineer and Planning Director. Motion carried.
5. At this time the City Council discussed the tree problem at 415 Jeffrey Drive
on'property'owned by C. Barba. This.problem was referred to the City Council by
the Tree Committee. It was the recommendation of the Tree Committee that the
tree not be removed until a new tree had been planted by the property owner,
although the existing tree was causing damage to the curb, driveway and sewer
line. The-Tree Committee stated that the property. owner had agreed-to install
a new tree, but he urged that he be allowed to remove the existing tree before
it caused additional damage to his property.
On motion of Councilman Blake, seconded by Councilman Spring, that the City
Council concur with the recommendation of the Tree Committee and that the
property owner plant a new tree before removing the.existi'ng tree. Motion
carried. Councilman Miller voting no.'
6. Communication from the City of Morro Bay forwarding a resolution of that
city requesting that the City of San Luis Obispo concur in their action in re-
questing that the County Board of Supervisors accept the responsibility and
supervision of the Office. of Economic Opportunity as the existing.organization
does not represent the poor people of the County adequately.
The Human Relations Commission of the City of San Luis Obispo presented a
resolution for the Council's consideration urging the County Board of Supervisors
to reorganize or dissolve the present Economic Opportunity Commission. .
Councilman Blake reported that the Human Relations Commission asked that the
request for reorganization of the EOC be approved by the City Council as the
Commission fears that due to the existing poor management of the County
organization, the federal government might take away the EOC and the.community
would lose its entire program. He continued that the Human Relations Commission
wished the Board of Supervisors to take-over the EOC and in turn that the Head
Start Program and Child Care Centers be turned over to the County School District
for operation so that these worthwhi.le programs could continue. The Commission
also urged that the City Council support a County maintained program of community'
centers in the cities throughout the County.
Councilman Graham asked if this resolution shouldn't be sent to the EOC for their
comments?
Councilman Blake stated he did not •feel that the EOC should be concerned in this
recommendation by the Human Relations Commission.
City Council Minutes
April 6, 1970
Page 6
Councilman. Miller stated he was opposed to the.City Council considering this
resolution condemning the County EOC as he felt that this action was unnecessary
and capricious. He further felt that the City Human Relations Commission had
no right to become involved in the EOC program. He stated he would oppose the
resolution. He continued that the EOC Program is administered by the poor for
the poor and because they made mistakes they were becoming condemned by the
establishment. He felt that the poor people should be to continue the
operation of the program on their own behalf.
Mayor Schwartz stated he felt that the County EOC program must be encouraged in
order to help the underprivileged help themselves. He felt that rather than
condemn the program the Council might ask the County Board of Supervisors to
investigate the present EOC organization and then report back to all the cities
as to what could be done to strengthen the County EOC program.
On motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council
not take action on the proposed resolution at this time and reconsider the matter
at the APril 20, 1970 meeting with a subsequent resolution asking the Board of
Supervisors to investigate and report to the cities in the County on ways to
improve the operation and management of the County EOC. Motion carried.
Councilman Miller voting no.
7. At this time the City Council held a public hearing on the recommendation of
the Planning Commission for changing the'definition of lots and non - conforming
lots as follows:
LOT -SHALL MEAN:
A. A parcel of real property with a separate and distinct number of other
designations shown on a plat recorded.in the office of the County
Recorder,
or,
B. A parcel of real property delineated on an approve.d map of survey lot
split or sub - parceling map as filed in the Office of the County
Recorder or in the office of the Planning Department and abutting at
least one (1) public street or right -of -way,
or,
C. A parcel of real property containing not less area than required by
the district in which it is located, abutting at least one.(1) public
street or right -of -way or other access approved by the Planning
Commission and held under separate ownership brom abutting property.
A NON - CONFORMING LOT SHALL MEAN:
A lot having less area or dimension than that required in the district in
which it is located and which was lawfully created prior to the zoning
thereof, whereby the larger area or dimension requirements were established,
or any lot, other than.the one shown on a plat recoreded in the Office of
the County Recorder, which does not.abut a public road or public right -of-
way or approved private road right -of =way and which was Lawfully created
prior to August 1966.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposed amendment
to the Mun.icipal Code.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Miller, seconded by Councilman Blake, the following
ordinance was introduced. ORDINANCE NO. 484, an ordinance amending the
Municipal Code of the City of San Luis Obispo to redefine a lot and a non-
conforming lot.
Passed to print on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald 9. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
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City Council Minutes
April 6, 1970
Page 7
8. At this time the City Council held a public hearing on RESOLUTION NO. 2017,
a resolution requiring sidewalk improvements.on Broad Street in the City of San
Luis Obispo.
EXHIBIT "A"
note: C = Curb & Gutter
S = Sidewalk
R = Driveway Ramp
IMPROVEMENTS
OWNER LOCATION PARCEL NO.' REQUIRED
C.L. & G. Estrada 811 Murray 1--14 -41 S
(Broad side)
D. & F. Bressi 130 -132 Broad 1- 014 -13 S
D.E. & R.M. Bowin 148 Broad 1- 014 -14 S
M. Brazil 156 Broad 1- 014 -15 C, S, R
M. Brazil 160 Broad 1- 014 -45 C, S
W. & V. Brazil 164 Broad 1- 014 -46 S
J. & L. Boriack 172 Broad 1- 014 -17 C, S, R
H. & A. Carlsen 180 Broad 1- 014 -40 S
J.R. & A.V. Tunnell 711 Mission 1- 101 -27 S
.(Broad Side).
R. & 0. Porter, 222 Broad 1- 101 -28 C, S
D. & D. Hixon 228 Broad 1- 101 -26 C, S
' J. & D: Hughes 230 Broad 1- 101 -29 C, S
E. & E. McQuary 232 Broad 1- 101 -38 C, S
C.V. & J.C. Barclay 234 Broad 1- 102 -17 C, S
E. & R. Francis 236 Broad 1- 102 -15 C, S, R-
R. F. Costa 276 Broad 1- 102 -03 C, S, R
M.B. McDougal, etal 282 Broad 1- 102 -04 C, S, R
M. Faris 290 Broad 1- 102 -10 S, R
F. Garcia 522 Broad 1- 193 -01 C, S
C. & K. Bradbeer 540 Broad 1- 193 -07 C, S, R
D. F. Romero, City Engineer, explained the work to be accomplished under the
resolution for each property listed.
George Martinez appeared before the City Council on behalf of C. L. Estrada,
811 Murray, asking the City Council whose responsibility it would be to place
the sidewalk on Broad Street along the drainage work, approximately 22 feet.
Mayor Schwartz declared the public hearing closed.
The City Council discussed the question brought up by Mr. Martinez.
Councilman Spring stated he felt the City should pay the cost for placing side-
walk over drainage channels as this area was usually more expensive to improve
and was a benefit not only to the property owner involved but other property
owners in the area as well.
City Council Minutes
April 6, 1970
Page 8
Councilman Miller agreed that the City should pay.the.cost for placing sidewalk
improvements over drainage structures.
Councilman Graham stated he-too felt.that the City should pay the cost of placing
sidewalks.over.drainage structures within the City.
Councilman Blake stated he objected to the City taxpayers participating in the
cost of placing sidewalks on private property even though it may be over a
drainage structure. He felt this was.still private property and was to benefit
the property owner to have adequate sidewlaks placed on his property.
On motion of Councilman Blake, seconded by Mayor Schwartz, that the City policy
be that all creek crossings and drainage structures be improved at the property
owners expense.
Motion lost on the following roll call vote:
AYES: Emmons Blake, Kenneth E. Schwartz
NOES: Donald Q. Miller, Arthur F. Spring, Myron Graham
ABSENT: None
Councilman Graham moved that the City participate with the property owner in
placing 22 feet of sidewalk,on Broad Street over the drainage channel.
Motion died for lack of a second.
Councilman Blake suggested that the City migh participate in the construction of
sidewalks and /or curb and gutter when a culvert extension makes it necessary to
place an unusual fill in the sidewalk area, with the property owner being re-
quired to pay for the normal sidewalk improvements.
On motion of Councilman Spring, seconded by Councilman Blake, that the City policy
would be that the City would participate in any excess costs in the placement of
curb, gutter and sidewalk over drainage structures, with the property owner to
pay for the normal improvement. Motion carried.
On motion of Councilman Spring, seconded by Councilman Miller, the following
resolution was introduced. RESOLUTION NO. 2031, a resolution overruling any
protests and order the Superintendent of Streets to proceed with the instal-
lation of improvements.
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
9. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from R -1 to R -2 fractional lots 5 and 25 of
the Yoakum Poultry Units of the City of San Luis Obispo, generally located on
the westerly side of Rockview Place, between Sweeney Alley and the extension of
Parkins Lane.
R. D. Young, Planning Director, presented the recommendations of the Planning
Commission for rezoning of this property as follows:
1. The subject property is bounded on the east and south by an R -2 District
and on the north and west by an R -1 District.
2. The General Plan proposes low to medium density residential use for this
general area.
3. It was the consensus of the Commission that the requested rezoning is a
logical extension of the existing R -2 zone and'is in accord with the
recommendations of the General Plan.
City Council Minutes
April 6, 1970
Page 9
Mayor Schwartz declared the public hearing open.
J. B. Taylor, property owner, appeared before the City Council urging the
adoption of the recommended rezoning as he felt that R -2 would upgrade the area.
He felt it would improve the general neighborhood and would be an asset to the
communtiy. Further, he felt that R -2 zoning would encourage development.
No one appeared before the City Council in opposition to the rezoning.
On motion of Councilman Graham, seconded by Councilman Miller, the following .
ordinance was introduced. ORDINANCE NO. 482, an ordinance amending the Official
Zone Map-of the City of San Luis.Obispo. (To rezone from R -1 to R -2 that prop-
erty located on the westerly side of Rock view Place, between Sweeney Alley and
the extension of Perkins Lane)
Passed to print on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller,-Kenneth E. Schwartz
NOES: None
ABSENT: None
10. At this time the City Council held a public hearing on the recommendation
of the Planning Commission to approve a planned development and rezone from R -1
to PD R -1 that property generally located on the west side of Del Campo Boule-
vard between Fletcher and Haskins.Street.
R. D. Young,. Planning Director, presented the recommendation of the Planning
Commission for approval of the planned development as follows:
' 1. The City Council, at its regular meeting of February 16, 1970, approved
the density concept of the proposed planned development 'and referred the
planned development to the Planning Commission for approval of the site
plan and to allow them to recommend conditions necessary to assure the
planned development would be compatible with existing and future
development in the area.
2. The Commission was of the opinion that the site design and building
design was a major improvement over the original plan and with certain
attached conditions the planned development would be compatible with
adjacent properties and the surrounding neighborhood.
The recommendation for approval is subject to the following conditions:
a. Approval shall be contingent upon abandonment of Florence and Leona
Streets between Fletcher and Haskin Streets.
b. Full one -half street improvements shall be installed on Fletcher Street,
Boulevard Del Campo and Haskin Street contiguous to the area of proposed
planned development in accordance with standard practice for subdivisions.
c. The applicant shall dedicate 76 feet of right -of -way for the extension
of Leland Terrace as shown on Scheme 1 or 2. Improvements shall not be
required until such time as adjacent property is developed.
d. Blocks 1, 2 & 3 of La Belle Tract shall be reverted to acreage in accor-
dance with either Scheme 1 or 2.
e. The applicant shall submit a precise plan .incorporating all the attached
conditions to the Planning Commission within six months from the date of
approval of the preliminary plan.
f. The project shall commence within one year from the date of approval of
precise plan.
Mayor Schwartz declared the public hearing open.
Mr. Leonard Blaser; developer, appeared before the City Council on behalf of his
requested rezoning. He stated he agreed with all the conditions established ex-
cept that he objected to being required to improve Haskins Street as part of his
development. He stated he did not feel that the improvement of Haskins would be
an asset either to his development or the City if and when the new route connect-
ing Bishop Street to South Street is developed, this would be an.impossible
intersection.
City Council Minutes
April 6, 1970
Page 10
Mr. Blaser asked what was meant by full one =half street improvements? He asked
if it meant full improvements such as curb, gutter and sidewalks, base paving
and utilities,.or did it mean just the improvements necessary for development
of his project.
D. F. Romero, City Engineer, stated that the improvements required were only
those needed for the project, which consisted of street, sidewalks and utilities.
Mr. Ethan Jennings, architect for the development, stated that he was for the
rezoning and the planned development and he felt this plan met all the prior
objections of the Planning Commission and City Council.
Mr. Peter Guy, 1336 Cecelia Court, stated he was opposed to the recommendation
of the Planning Commission as he feared that if this rezoning for higher density
use were approved, then the area to the west, which was under control of the
developer, would also change to high density use. He was afraid that if the
entire 35 acres under control of the developer were developed to high density it
would be too much for.the area and the traffic generated by this much housing
would make access to and from the entire area impossible. He also presented a
-news article from the Los Angeles Times which stated the Superior Court of
the State of California - upheld a referendum against rezoning for low rent
housing and he felt that the citizens of the community would again try to get
a referendum petition against the planned development. He again stated he was
opposed to the rezoning on the basis of density and the fact that no provisions
had been made for directing traffic out of the area other than the Bishop,
Sydney, Johnson Avenue complex.
Mrs. Audrey Tiedemann, 1208 San Mateo, objected to the rezoning and planned
development as she felt this was just a foot in the door for higher density
for the balance of the property controlled by the developer. She also felt that
regardless of the decision of the Council on this rezoning, a study.should be
made on the entire area as to future development, instead of having continual
rezoning issues. Further, she felt that if.the Council approved this rezoning ,
it should -be subject to the conditions set by the Planning Commission.
Mayor Schwartz declared the public hearing closed.
Mayor Schwartz stated that he felt this planned development was much better
than the previous plans and that it.met with the criteria of the Planned
Development Section of the Zoning Ordinance. He felt.that it overcame the
objections of the neighbors and was compatible with the neighborhood. Further,
he felt that proposed density was not high for this neighborhood. He stated he
would approve the planned development with the elimination of the one -half (1/2)
street improvemtns on Haskins Street as he felt this would serve no purpose to
the City or the planned development. He also felt that Scheme 2 should be
adopted.
On motion of Mayor Schwartz, seconded by Councilman Spring, the following
ordinance was introduced. ORDINANCE NO:.483, an ordinance amending the Official
Zone Map of the City of San Luis Obispo. (To rezone from R -1 to PD R -1 that
property located on the west side of Del Campo Boulevard between Fletcher and
Haskins Streets).
Passed to print on the following roll call vote:
AYES: Emmons.Blake, Myron Graham, Arthur F: Spring,
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
11. At this time,the City Council held a public hearing on the proposed amend-
ments to the Business License section of the Municipal Code.
J. H. Fitzpatrick, City Clerk, read the proposed amendments as follows:
Section 6100.19. License Tax - Gross Receipts
Add - Apartments with four or more units.
City Council Minutes
April 6, 1970
Page 11
Section 6100.24. License Tax - Professions and vocations
Change the license provisions as follows:
During the first two years after being licensed by the City to carry on
such profession or vocation the sum of $50.00 per annum. After two years
the sum of $100.00 per annum. In lieu of the above fee, persons required
to pay a license tax under this section may pay the license imposed on
their gross receipts as follows: Gross receipts in amount of $50,000 or
less, the sum of $50.00 per annum. Gross receipts in excess of $50,000,
the sum of $50.00 per annum plus $5.00 for each $5,000 of gross receipts
or fraction thereof in excess of $50,000 per annum.
Add to this classification:
1. Court Reporter
2. Real Estate Developer
3. Subdivider of real estate
In the case of real estate salesmen, they would be included under the
license issued to the broker.
Section 6100.29. License Tax - Flat Amount
Drop - Court Reporter
Add - Brokerage House - $250 per annum
Change - Hospital - $250 per annum
House Cleaning - $10 per annum
Patrol Service - $25.per annum
Tools, sharpening - $10 per annum
Travel Service - $100 per annum
Section 6100.28. Gasoline and Oil Distributing
' Repeal
Section 6100.32. Vehicles - No fixed place of business
Repeal
Section 6100.31. Trucking
To include all classifications of the business of operating any truck,
trailer or any other vehicle for the transportation of baggage, household
goods, materials, etc. License to be calculated on the unladen weight as
provided in Section 9400 of the Motor Vehicle Code.
Councilman Spring-recommended that the City Council adopt the recommendation of
the Council committee for amendment of the Business License section of the Muni-
cipal Code as he felt this would be a much more equitable ordinance for all persons
doing business in the City or carrying on a profession in the City.
Mayor Schwartz declared the public hearing open.
L. C. Schlimmer, 921 San Luis Drive, appeared before the City Council asking if
under the proposed amendment all businesses would be licensed under the gross
receipts basis.
The Council assured Mr. Schlimmer that under the proposed amendment this would
be true.
No one appeared before the City Council for or, against the proposed amendment.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Spring, seconded by Councilman Blake, the following
ordinance was introduced. ORDINANCE NO. 485, an ordinance amending the business
license code.
City Council Minutes
April 6, 1970
Page 12
Passed to print on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Doha'I.d Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
9:50 P.M. Mayor Schwartz declared a recess.
10:00 P.M. the meeting reconvened with all Councilmen present,
12. R. D. Young, Planning Director, presented a progress report on violations
to the Sign Ordinance which had been corrected by his department.
Councilman Spring brought to the Council's attention the matter of the deter-
mination by the Planning Department that small cloth or plastic pennants used
by the used car sales lots be considered within the allowable sign area. He
continued that he was originally on the sign committee and in looking through
his notes he could not find any determination on the prohibition of these pen-
nants. He felt pennants should not be included in the allowable sign area.
R. D. Young presented the interpretation of the Planning Department on the use
of pennants.
Councilman Blake stated it was his understanding that it was the intention of
the original sign committee to include pennants as a sign and that they would
be considered in the overall sign area allowable for a business. He felt they
were controlled under the provisions of the sign ordinance.
Councilman Miller stated he agreed with Councilman Spring that cloth pennants
were part and parcel of the used car operation. He felt they were.trademarks
for used car sales and was not opposed to businessmen being allowed to use
these pennants.
Councilman Graham felt that,pehhahts should be controlled by the sign ordinance
as he felt they were as much a sign as any other free standing sign..
Mayor Schwartz stated he felt that the Council's action on this matter should
be to either support the interpretation of the Planning.Department that pen-
nants should be considered as signs'or overrule that interpretation and deter-
mine that pennants are not considered to be signs. He stated he personally
felt that the interpretation of the Planning Department was correct and that
pennants should be considered as part of the allowable sign area for business.
Mr. Tex Mullican, representing Weaver Motor Company, objected to being required
to take down the pennants he had on his used car lot on Higuera Street. He
stated he had been in this community for over fifteen years and that all this
time he had had pennants and no one had ever been bothered by them. He stated
he intended to keep his pennants and would try to fight any attempt to force
him to take them down.
Mr. B. Barnet, Sierra Motors, objected to the .interpretation of the ordinance
by the Planning Department relative to pennants. He.felt that pennants were
needed and were an asset to used car lots. He stated that pennants attracted
customers which was the name of the game.
Councilman Miller again stated he felt that used car lots should be allowed
to fly pennants.
On motion of Councilman Miller., seconded by Councilman Spring, that the City
Council interpret the ordinance to allow used car lots to use pennants to ad-
vertise their business.
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City Council Minutes
April 6, 1970
Page 13
Mayor Schwartz explained that any business could have pennants as long as they
were included in the overall allowable sign area for the business. He stated
that this was the choice the businessman must make.
H. Johnson, City Attorney, stated that the ordinance should be amended to in-
clude controls on pennants if this is what the Council wished to do.
The motion lost on the following roll call vote:
AYES: Arthur F. Spring, Donald Q. Miller
NOES: ,Emmons Blake, Myron Graham, Kenneth E. Schwartz
ABSENT:- None
On motion of Councilman Blake, seconded by Mayor Schwartz, that the City Council
determined that pennants are signs and should be included in the sign area
allowable for a business in accordance with the City ordinance and that the
City Attorney be instructed to prepare amendments to the sign ordinance defining
pennants.
Motion lots on the following roll call vote:
AYES: Emmons Blake, Kenneth E. Schwartz
NOES: Arthur F. Spring, Myron Graham, Donald Q. Miller
ABSENT: None
Mayor Schwartz appointed Councilman Blake and Spring as a Council committee to
study pennants and report their findings to the City Council.
13. Communication from the Park and Recreation Commission recommending to-the
City Council that the name "South Street Park" be considered official for the
proposed City park area bordered by South and Meadow Streets in the City of
San Luis Obispo.
The City Council discussed the request of the Park and Recreation Commission
and felt that they would rather not use street names to identify parks but
would rather have some historical name.
Counci•Iman Spring suggested that the City should put up a small prize and that
a contest.be held so that citizens of the City could submit names for the park,
rather than using a street name.
On motioniof Councilman Spring, seconded by Councilman Miller,.that the Mayor
appoint a committee of judges to judge suggestions for nameing the park. The
contest to be limited to elementary and high school students of-the City, with
the prize to be $25.00. Motion carried.
14. Communication from-,the Park and Recreation Commission recomeending to the
City Counci•I that the request of the Hawthorne Neighbors Association for assis-
tance in developing a "mini-park" at the corner of Hutton and High Streets be
approved on a one -year trial basis subject to cancellation if the proposed
maintenance by the neighborhood was not upheld.
' It was the proposal of the Hawthorne Neighbors Association that with the
Council's approval and assistance, the Cal Poly arshitectural students and
the residents of the Hawthorne area would do all the work necessary to make
this lot into a small park.
R. D. Miller, Administrative Officer, explained that the City's participation
would involve installation of water service and providing water to the park at
no cost to the proponents.
J. Stockton, Park and Recreation Supervisor, stated that Cal Poly architectural
students would do the planning and build the improvements with the cooperation
of the residents of the area and that the park would be maintained by the
Hawthorne Neighbors Association. He stated that all the group was asking the
City to supply was the rent for the property which was $25 per month, and provide
water and liability insurance.
City Council Minutes
April 6, 1970
Page 14
Mr. J. Boud, representing the Cal Poly School of Architecture, presented sketches
to the City Council for the development of the proposed "mini Park" at the corner
of Hutton and High Streets. He continued that the students, in cooperation of
the residents of the area would clear the lot, put in the necessary paths and
bridge across the creek and develop a tot lot for the small children and a
passive type relaxation area for the senior citiznes of the community. All labor
and materials would be donated by the Cal Poly students, Hawthorne Neighbors
Association, Grass Roots Organization and interested citizens. He stated they
would like cooperation from the City for paying rent, and providing liability
insurance and water service.
On motion of Councilman Miller, seconded by Councilman Graham, that the City
approve the project, furnish water service, instruct the City Attorney to
work out the details for liability insurance and allow the project to proceed.
Motion carried.
15. Report form the Citizens Advisory Committee on the following items:
a. Recommended amendments to the City Ordinance on weed abatement and the re-
moval of rubbish, waste and debris from within the City. The Citizens Advisory
Committee felt that the ordinance should be amended so that definitions of
waste, etc. would be clarified in the ordinance; that all burning within the
City be eliminated and that the present weed abatement program of the Fire
Department be eliminated and conducted by a private contractor. Further, if
the City must abate any weeds the charges should be increased to the point-to
encourage private property owners to complete the work.
L. Schlobohm, Fire Chief, stated that he had worked closely with the Citizens
Advisory Committee and agreed with their recommendation, but felt there was
not sufficient time to prepare the enabling ordinances for this year's weed
abatement program. He recommended that the City Attorney prepare a resolution
incorporating as many of the recommendations as possible. He also recommended
that the City Council approve the higher minimum charge for each lot as this
program was quite expensive administratively.
The City Council referred the recommendations of the Citizens Advisory Committee
on weed abatement to the Fire Chief and city Attorney for preparation of the
necessary documents to put into effect those recommendations which could be
followed for this .year. The City Attorney was also instructed to work with
the Citizens Advisory Committee on future ordinance changes on weed abatement.
B. The Citizens Advisory Committee recommended that no further effort be
expended by the City to investigate a health insurance plan for the City:of
San Luis Obispo, due to the fact that no insurance company would consider
conducting the necessary research; existing state laws prohibit the City from
enacting such a program; no City department could handle such a program without
the use of tax money; and the fact that enrollment in the program would be low
because of the poor coverage and high premiums.
The City Council accepted the recommendation of the Citizens Advisory Committee
with thanks.
C. The Citizens Advisory Committee-recommended that the City send.-66t a
questionaire to all citizens in the community to get their reaction to the
proposal for a municipal bus system. The committee felt that this would be
the easiest way to get the consensus of the property owners.
Councilman Blake stated he felt that the questions on the proposed questionaire
were inadequate, and that no real conclusions could be reached with the
questions. Further, he felt that the City had previously gone to the expense
of sending out a questionaire with no real results. He felt that the'City
Council should make the decision on whether to have a municipal bus system
or not to have one.
Councilman Miller suggested that the matter of the municipal bus system be
continued for discussion by the City Council at their April 13 study session:
He too felt that the decision should be made by the City Council.
The matter was continued to the April 13 study session of the City Council.
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City Council Minutes
April 6, 1970
Page 15
17. Communication from the San Luis Obispo County FloodControl District regarding
the Leed's Hill and Jewett report entitled "Comparison of Systems for Delivery of
Supplemental Water Within West - Central San Luis Obispo County ", and requesting
that the City Council decide on whether or not they wished to be included in
further evaluations for supplying supplemental water to the City over the next
two years, and decide if such supplemental water is needed.
' Mayor Schwartz appointed himself and Counci_Iman Graham as a Council committee to
meet with R. A. Drahn, County Hydraulic Engineer.
18. D. F. Romero, City Engineer, presented the following report regarding street
widening on Higuera Street and an exchange of property with the City.
At it's meeting of March 17, 1970, the Planning Commission considered the request
of A. V. Muller to acquire a parcel of the City sewer farm holdings for the
Kuden interests on South Higuera Street. The Planning Commission recommends
a concurrence with the recommendation of the City Engineer that a parcel approxi-
mately 93 feet deep and 75 feet wide, containing approximately 7,000 square feet
(as shown on the enclosed sketch), and not now being used for sewer farm purposes,
could be disposed of.
J. H. Fitzpatrick, City Clerk, upon question, stated it was his opinion that the
land along Higuera Street would be worth approximately $0.20 per square foot or
$8,700 an acre and the land to the rear presently owned by the City would be
valued at $0.17 per square foot or $7,000 per acre.
H. Johnson, City Attorney, commented on the requirements in the City Charter
regarding sale, trade and /or exchange of property and stated he felt this
matter should be looked into before a decision is made.
The matter was referred to the City Attorney for report and recommendation to
the City Council.
' 19. D. F. Romero, City Engineer, presented the following statement to the
Council regarding -the enlargement of sewer facilities to serve new developments:
For a number of years, City policy has called for developers to connect their
sewer facilities to the nearest point of adequate service with the City bearing
all costs of downstream enlargement, regardless of the fact that the necessity
for the enlargement may be attributed to one developer.
If this policy is followed, the development of a very large housing complex
on Cal poly property north of the Division of Forestry could result in a huge
and immediate expense in replacing lines not designed for this density of
development throughout the Ferrini, College Highlands, and McMillan areas north
of Foothill Boulevard. I suggest that the Council discuss this long- standing
policy to see if it wishes to continue on this approach.
The City Council discussed with the staff past procedures and the intention of
the ordinance regarding.extension of sewer lines to serve various developments.
E. P. Thompson; Director of Water Department, stated that in the water ordinance
it was his interpretation that all new developments must connect to the nearest
point of adequate service to serve the development. He listed several examples
of past procedures in this matter.
R. D. Miller, Administrative Officer, stated that it was his understanding that
in accordance with the sewer and water ordinance, extensions and enlargements
for new developments were always to be connected to the nearest point of adequate
service to serve the development.
After discussion the City Council stated that they favored a policy which
called for developers to connect sewer and water facilities to the nearest
point of adequate service with enlargements downstream as needed.
20. Communication from D. F.:Romero, City Engineer, forwarding a copy of a
letter to Mr. Donald Nelson, Business Manager, Cal Poly, regarding dates of peak
flows on the metered sewer flows from the college and urging the college to take
immediate steps to correct the problem, was ordered received and filed.
City Council Minutes
April 6, 1970
Page 16
21. Communication from the City Engineer recommending the installation of curb,
gutter and s.idewalks on Oak Street west of Santa Rosa. He stated these improve-
ments were.needed due to the waste water in the neighborhood caused by wash
downs from service stations, etc.
On motion of Councilman Sprinq,seeonded by Councilman Miller, the City Engineer
was instructed to proceed with a public hearing for the installation of said
improvements. Motion carried.
22. Communication from D. F. Romero, City Engineer, regarding problems connected
with control.of earth moving drainage within the outskirts of the City of San
Luis Obispo was continued.to the study session of April 13. ..
23. On motion of Councilman Miller, seconded by Councilman Blake, the following
resolution was introduced. RESOLUTION.NO. 2016, a resolution recommending that
San Luis Obispo.County be designated as TOPICS coordinating agent..
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
24. Council consideration of plans and specifications for a sewage bypass line
at the treatment plant was continued to the study session of April 13, 1970.
25. Communication from Assemblyman R. G. Beverly, regarding flood insurance
coverage and communication from Assemblyman William Ketchum on the same subject
were continued to study session of April 13, 1970.
26. Communication from Attorney James T. Morton forwarding copies of a proposed
fee letter for special assessment projects was continued to the study session
of April 13, 1970.
27. Communication from J. King requesting permission to continue stockpiling
of dirt on his property to be used for landscaping mounds and planted with
trees in order to develop these difficult lots in the 100 block of Chorro St.
He stated these mounds would also be used as site and sound barriers for the
homes to be built in the near future.
D. F. Romero., City Engineer, stated he had no objection to the stockpiling if
it were to be ultimately used for landscaping purposes, but that this approach
requires Council approval of an exception.
The City Engineer was asked to work.:with Mr.:Ki:ng to keep the area in a.
presentable condition.
28. Communication form the Chief Building Inspector notifying the City Council
that the last five items which were left uncompleted at the Police Facility
have now been completed and he recommended that the City Council accept the
building and the Notice of Completion be filed and that the final payment be
released. He continued he felt the surety bond and warrantees within the
contract specifications are sufficient protection against defects and break-
downs. The following items have been completed:
1. The filters have been replaced with new units.
2. There are ten circuit breaker lockout devices remaining to be
installed. The Electrical Contractor reported he is having a
problem acquiring these devices.
3. The carpet seam has been reworked to provide the bes job possible
considering the type of carpet installed and the location of the seam.
4. The General Contractor has fulfilled his responsibility in furnishing
and installing the locks as specified in the specifications.
5. The plaque .lettering has been corrected and the plaque is mounted.
On motion of Councilman Miller, seconded by Councilman Graham, the recommen-
dation of the Chief Building Inspector was accepted. Motion carried.
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City Council Minutes,
April 6, 1970
Page 17
29. On motion of Councilman Miller, seconded by Councilman Graham, the following
resolution was introduced. RESOLUTION NO. 2032, a resolution increasing the
1969 -70 Budget. (Mission Inspection Fees - $555)
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. Mr. Gathe, Laguna Lake Mobile Home Park, appeared before the City Council
requesting the Council to grant the mobile home park a. variance to allow a street
type entrance to the park instead of the commercial type 'driveway which had been
approved. Mr: Gathe felt that this type of entrance way would make a better
entrance to the mobile home park and would also facilitate the large mobile
homes entering and leaving the park.
D. F. Romero, City Engineer, stated he had no objections to the request, but he
was not authorized to grant such an exception.
On motion of Councilman Miller, seconded by Councilman Spring, the request of
Mr. Gathe for a street type driveway entrance to the Laguna Lake Mobile Home
Park was approved. Motion carried.
31. The City Council discussed the request made for the Council to notify the
governing board of St. Stephens Episcopal Church that the Council would encourage
the rebuilding or reconstruction of the church in the same architectural style
prior to the recent fire damage.
The Council felt that if this historical building could be retained it would be
an asset to the community and they hoped that the governing boardc.could save
this building.
The Mayor was authorized to send a letter to the governing board of the church
notifying them of the Council's feeling on this matter.
32. J. H. Fitzpatrick, City Clerk, reported to the City Council that the
Southern Counties Gas Company had just submitted their 1969 franchise payment
to the City in the amount of $23,082.60. He also reported that Pacific Gas
and Electric had submitted their franchise payment for 1969 in the amount of
$11,130.21.
33. J. H. Fitzpatrick, City Clerk, reported to the City Council that two pro-
posed annexations to the City of San Luis Obispo - the Highland Drive Annexation
and the Vista Grande Annexation - were set for public hearing before LAFCO on
April 7, 1970 at 10:00 A.M. He stated that members of the City staff would
attend the public hearing.
34. On motion of Councilman Miller, seconded by Councilman Blake, the following
resolution was introduced authorizing the City Attorney, H. Johnson, $125.00
additional funds to-attend the spring meeting of the City Attorney's Association.
RESOLUTION NO. 2033; a resolution increasing the 1969 -70 Budget.
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
35. On motion of Councilman Blake, seconded by Councilman Spring, the meeting
adjourned to 7:30 P.M., April 13, 1970.
APPROVED: April 20, 1970
FITZPATRICK, CITY CLERK