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HomeMy WebLinkAbout04/13/1970MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA April 13, 1970 - 7:30 P.M. City Hall Pledge Roll Call Present: Emmons Blake,, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz Citv 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. Schdobohm, Fire Chief. . 1. At this time the City Council held a public hearing on consideration of the final passage of ORDINANCE NO. 480, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -2 and R -3 that property located at 1418 and 1420 Carmel Street, to R -H) Mayor Schwartz declared the public hearing open. No one appeared before the City Council regarding this rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced for final passage. ORDINANCE NO. 480, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -2 and R -3 to R -H, that property located at 1418 and 1420.Carmel St.) Finally passed on the following roll call vote: AYES:. Emmons Blake, Myron Graham, Arthur F. Spring,. Donald 0. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 2. At this time the City Council considered the final passage of ORDINANCE NO. 481,an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone ;.from R -2 to R -H that property located at 129 and .141 Beebee Street) Mayor Schwartz declared the public hearing open. No one appeared before the City Council regarding this rezoning. Mayor Schwartz declared the public hearing closed. Mayor Schwartz stated he hoped he could convince the City Council to dis- approve this requested rezoning and not finally pass the ordinance as he felt that this was an area in which the tenants and property owners main- tain their homes in good condition and that it had a nice neighborhood atmosphere. He was afraid the introduction of high density multiple dwellings would cause a detrimental change in the character of the neighborhood due to the increased density allowed and would cause additional requests for zoning which would displace the older people living in these nice homes. He felt that in planning and zoning, timing was the most important element. He felt the timing for this rezoning was premature and that the area should be allowed to continue under R -2 zoning. 1 rl LJ 1 City Council Minutes April 13, 1970 Page 2 Councilman Blake stated he would again support the requested rezoning as he felt that this was a good area for development to higher density. He felt that because of the proximity of the shopping center and commercial enter- prises on Parker Street and High Street, higher density should be allowed. He hoped that the Planning Commission would make a complete study of the uses in the neighborhood which he felt would show that higher density was needed. 1 On motion of Councilman Graham, seconded by Councilman Spring, the following ordinance was introduced for final passage. ORDINANCE NO. 481, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -2 to R -H that property located at 129 and 141 Beebee Street) Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller. NOES: Kenneth E. Schwartz ABSENT: None 2. At this time the City Council discussed the charges made against them by the County Assessor, Mr. Joe Warnagieris. The charges were: 1) Misuse of public funds; 2) Conspiring to shift certain business property taxes to homeowners; and 3) Conducting secret meetings. Mayor Schwartz reviewed the charges and the alleged basis for them as pre- sented by the County Assessor. He asked the City Council what their feelings were on this matter. H. Johnson, City Attorney, briefed his letter of April 9, 1970 regarding the charges-made by Mr. Warnagieris. He also briefed the contents of the contract between the Chamber of Commerce and the City, which provides for the City's contract with the Chamber and the conditions under which the Chamber acts for the City of San Luis Obispo. He also reviewed the provisions of State laws which allow a governmental agency to contract with a private organization such as the Chamber of Commerce to handle publicity and promotion. H. Johnson concluded that in his opinion there was no basis for challenging the validity of the August 1, 1969 agreement between the Chamber of Commerce and the City, as this agreement contains adequate provisions in the event of default to protect the City. Mayor Schwartz felt that the proper action for the City Council to take would be to receive and file the Attorney's letter and move on to other business. Councilman Spring stated he objected to the statements and the methods used by Mr. Warnagieris in challenging legislative action by the City Council. He felt that the City Council should receive a written letter of apology from Mr. Warnagieris as in his opinion, Mr. Warnagieris knows that the City Council has not misused public funds nor held secret meetings as charged. Councilman Blake stated he felt the County Assessor, Joe Warnagieris, was trying to pass.the heat.generated by his assessment of motel and hotel property onto the City.Council to relieve himself of some of the consequences. Councilman Graham stated he felt the matter should be received and filed and no further action taken. Councilman Miller stated he felt no secret meetings had been held on this par- ticular matter, as the meetings were open to the public. He stated, however., he agreed with the opinion_ of the County Assessor that no public funds should be used to subsidize the Chamber of Commerce. He did not agree with the blast that the Assessor had made at the City Council, and the method used by him, but he did agree that the City should stop subsidizing the Chamber. City Council Minutes April 13, 1970 Page 3 Mayor Schwartz felt that the charges made by Mr. Warnagieris were very am- biguous and all consuming. He further felt that the damage inflicted upon the City of San Luis Obispo by Mr. Warnagieris by his wild statements was irreparable. He continued that in the short time he has been Mayor no secret meetings had been held by the Council in violation of.State law, and the City Council had never taken any action for or against any assessing practices of the local Assessor's Office or any assessing practices in the State of California. He felt that the charges made by Mr. Warnagieris were.baseless and unfair. Mayor Schwartz concluded that the contract between the Chamber of Commerce and the City was on file in the City Clerk's office and was a public record, open to public inspection. Councilman Blake stated that he objected to Joe Warnagieris not being at this Council meeting to discuss the charges he had made against the Council. Mr. George Anderson, Deputy County Assessor, stated that Mr. Warnagieris had not been notified or invited to attend the meeting this evening, and he ob- jected to Councilman Blake's statement degrading Mr. Warnagieris for not attending this meeting. Councilman Miller moved that the City Council set a public hearing for 9:45 P.M., April 20, 1970 on the charges made against the City by the County Assessor. The motion died for lack of a second. Mayor Schwartz stated that he felt that Mr. Warnagieris wished the Council to cancel the balance of the 1969 -70 contract with the Chamber of Commerce. R. Dunin, President of the San Luis Obispo Motel -Hotel Association, stated that his organization had contacted legislators statewide in an attempt to correct procedures used for assessment of motels throughout the State. He continued that on a 'statewide basis, the motels in San Luis Obispo County have the highest assessment. Mr. Dunin stated that many individuals in his organization have written to State Legislators urging some change in State law for equitable assessment of motel.property. He stated that possibly this was where Mr. Warnagieris' charges had arisen. On motion of Councilman Graham, seconded by Councilman Spring, the matter was ordered received and filed. Motion carried, Councilman Miller voting no. 4. Mr. Clay Davidson, Chairman of the Ad Hoc Committee on Central Business District Parking, presented an interim report for the Council's information. He stated that the Committee had met weekly to discuss parking problems in the C.B.D. He continued that the Committee had met with City staff and the Honorable P.K..Jackson, Judge of the.Justice Court. C. Davidson stated that as a result of these meetings the Committee had identified a number of problems associated with C.B.D. parking. He stated that some of these prob- lems and their solutions were interrelated and'some might be solved indepen- dently. Three of the problems which the Committee has identified as indepen- dent of the others were: (1) Employees and employers parking- -at the curb on C.B.D. streets, (2) Pacific Street parking., an.d (3) Higuera Street property. I. - Employee and Employer parking on C.B.D. streets The Committee's recommendations for this problem are; (1) that the Mayor and City Council write a letter to all employers in the downtown core area pointing out this parking problem and requesting that they and their employ- ees cooperate in solving it by parking personal automobiles in other avail- able areas, (2) That the Chamber of Commerce and Downtown Associaiton receive copies of this report for distribution to their members, (3) that if this appeal does not solve any problems, then a personal letter be sent to chronic violators of parking requirements, (4) that the City Attorney be asked to re- evaluate the City's current Parking Ordinance, particularly in view of the overtime parking violations of four,.six and eight hours in one space, and (5) that the City Attorney develop, with the assistance of the Police Chief, a procedure where interested businessmen may issue Declarations substaining extended overtime parking violations thereby supporting citations issued by the Police. City Council Minutes April 13, 1970 Page 4 II. - Pacific Street Parking It was the committee's recommendation that all day parking be installed on Pacific Street between Osos and Morro Streets and Garden and Broad Streets. III. - Higuera Street Property The Committee recommended that the recently acquired lot at the corner of Higuera and Nipomo be developed and landscaped, and if possible, additional property along Higuera be acquired so that the City would control the creek area along Higuera Street for future development. The.Committee felt that sometime in the future the.front of the property could be sold for business property.. Clay Davidson stated the report was to be considered an interim report for the Council's information and that the committee would continue their attempts to solve the parking problems in the C.B.D. Councilman Blake asked the following questions: (1) can the City increase the fines for habitual violators, and (2) can the court recognize one violation for each period of overtime parking in one space? H. Johnson, City Attorney, answered Councilman Blake's questions as follows: 1. The most practical approach to dealing with habitual violators is to in- crease the fine for overtime parking generally, as distinguished from simply standing at the curb after the meter has expired. There is no feasible way to uniformly charge chronic violators, nor is the envelope citation-- equipped-to handle such a distinction. However, increasing the fine for staying more than two (2) hours, for instance, would tend to discourage such practices. 2. Although our ordinance provides that each period of overtime parking constitutes a separate offense, the court has been.reluctant to recognize multiple tickets on a single vehicle during one overtime parking period. Hence, recommendation No. 1. Mayor Schwartz thanked the Committee for their interim report and for follow- ing through',this important matter. The City Council took the following action on the Committee's recommendations: I. - Employer and Employee Parking -on C.B.D. Streets 1. The recommendation was approved and the City Clerk was instructed to prepare a letter. 2. The recommendation was approved. 3. Continued to see the.affect of the first two recommendations. 4 & 5. Referred to the City Attorney for his investigation and report. II. - Pacific Street Parking The recommendation was referred to the Traffic Committee for study and recommendation. III. - Higuera Street Property The report and recommendation was ordered received and filed. 5. D. F. Romero, City Engineer, presented for the Council's information a priority schedule for street work. The projects were separated into three headings: (a) Select System Street, which was financed by gas tax funds, (b) Local Streets, which were financed by.City General Funds, and (c) Chip Seal Coats, which were also financed by City General Funds, but conducted by City forces. Mr. Romero continued that the projects in the three catagories were listed in their order or priority, taking into account, cost, condition of the street, and the amount of traffic, thereby establishing a cost - benefit ratio. He stated that the priority list was extremely useful in programming street work for the coming year and assisted other agencies such as the Water Department and Gas Company in setting a program for replacement and repair work to be conducted prior to street repair. City Council Minutes April 13, 1970 Page 5 R. D. Miller, Administrative Officer, explained the financial implications of the City Council accepting this priority schedule at this time which would ten- tatively approve the proposal prior to the Council's deliberations on the budget. He also presented a report on the work accomplished during the 1969 -70 fiscal year using gas tax funds. On motion of Councilman Graham, seconded by Councilman Miller, that priority A as presented by the Ctty Engineer be accepted as a guide. Motion carried. On motion of Councilman Graham, seconded by Councilman Spring, that priority B, local streets, be accepted as a guide. Motion carried, Councilman Miller voting no. On motion of Councilman Blake, seconded by Councilman Graham, that priority C, Chip Seal Coat, be accepted as a guide.. Motion carried. 8. R. D. Miller, Administrative Officer, presented to the Council a tabulation of suggested capital improvement program priorities which had been submitted to the Council for their consideration by the Planning Commission, Design Review Board, Citizens Advisory Committee and himself. He continued that the next step in the formulation of the CIP will be for the City Council to study the priority lists an.d then re- arrange them to their satisfaction. After the Council had completed the master list the City staff would try to arrange them in five one -year segments to 1975, one five -year segment to 1980, and a final ten -year segment to 1990. After the final . master list was completed the Council would hold public hearings to make sure that all citizens had a chance to contribute their thoughts on how the community was going.to develop. Mayor Schwartz commented on a letter he had written to Mr. John Evans, Chairman of the Planning Commission, outlining some of the things he felt should be among the goals for development of San Luis.Obispo. He stated in the letter that he felt the first priority should be given to trade and service development, second priority should be given to recreation and tourist development and third priority should be given to industrial development. In order to accom- plish these goals a capital improvement program must be developed. He con- tinued that copies of his letter to Mr. Evans had been distributed to inter- ested groups throughout the community and he had received many letters of encouragement for the CIP program. Mayor Schwartz concluded he felt the City Council should now review the in- formation and initiate studies in order to bring the Council's thinking to a conclusion prior to public hearings. It was the consensus of the City Council to set Tuesday, April.21, 1970 at 7:30 P.M. as a study session for the CIP and continue weekly meetings until completed. 6. D. F: Romero, City Engineer, presented plans and specifications for the construction of an influent by -pass line at the sewage treatment plant. He explained the scope of the work to be accomplished and estimated the cost to be approximately $8,000. Councilman Spring suggested that the City Council retain a new consultant for the sewer plant and have him take a look at the capacity and operation of the plant so that improvements could be made before the Water Quality Control Board takes action against it. D. F. Romero stated that regardless of whether a new consultant is retained or studies prepared, the new by -pass line would be needed at the plant. He also explained that he had included funds in the 1970 -71 Budget to hire a consultant. On motion of Councilman Blake, seconded by Councilman Graham, the plans and specifications were approved and the City Engineer was authorized to call for bids. Motion carried, Councilman Spring voting no. 7. D. F. Romero, City Engineer, presented.a map and progress report on the work to date on the annexation of Cal Poly to the City of San Luis.Obispo City Council Minutes April 13, 1970 Page 6 R. D. Miller, Administrative Officer, reported on meetings held with Cal Poly Administration regarding an agreement to be entered into between the City and the College; for use by the college of a portion of the moneys to be received by the City as a result of the annexation. H. Johnson, City Attorney, reported to the Council on some of the problems faced by the City of San Jose and San Jose State College in attempting joint development of a new stadium for that college. He stated that before any bonds could be issued for such a project, a suitable joint powers agreement would have to be worked out, the format of which should be approved by the bond counsel which would have to issue a legal opinion on the issuance of revenue bonds. Councilman Miller stated he would support the annexation of Cal poly to the City as he felt it was a good move for both the City and the college, but he felt he would be opposed to any funds being used for frills such as a new stadium for the college. The matter was continued with Councilman Blake and Staff members to continue discussion with Cal Poly for enactment of an agreement prior to annexation. 9. At this time the City Council considered a report from the Citizens Advisory Committee on a municipal bus system. Councilman Miller suggested that the Council consider continuing this matter as he is attempting to get additional information from the State through his work in the League of California Cities Transportation Committee. The matter was continued pending receipt of additional information. 10. At this time the City Council discussed current state legislation invol- ving cities, particularly A.B. 601, 376, 1261, 1456, 568, 1320, 1022, 695, 908 ' and A.C.A. 38. The City Attorney requested that this matter -be continued so that he could prepare a written analysis for the Council's consideration at a subsequent meeting. 11. Councilman Miller brought to the Council's attention the fact that they should be considering the adoption of regulations which would prohibit develop- ment of residential and commercial buildings in flood plain areas which were subject to flooding. He listed as an example the westerly portion of the Laguna Lake area which was subject to flooding. He. stated that a large develop - menthad been planned for this area but was never completed. The property was presently just outside the City limits. R. D. Young, Planning Director, stated that the City Planning Commission was studying this problem in regard to the City's Subdivision Ordinance. Mayor Schwartz stated he felt that this problem was most relevant to the County areas adjacent to the City and the City should get the cooperation of the County officials. The Planning Director and City Engineer were asked to work with the'County regarding the possible adoption of a flood plain control ordinance. The matter was continued for a report from the Planning Director and the City Engineer. 12. D. F. Romero, City Engineer, reported that he and the City Attorney had met with County officials regarding problems connected.with the control of earth moving and drainage within the outskirts of the City of San Luis Obispo, but in the County areas. D. F. Romero, continued that the City and the County had adopted their Grading Ordinances from the Uniform Building Code, therefore enforcement background was consistent. The City enspected grading taking place in the City and the County inspected grading taking place in the County. City Council Minutes April 13, 1970 Page 7 He continued that in areas where annexation was pendi.ng, cooperative arrange- ments had been worked out. One problem that could not be resolved by the City and County staff, involved that of clearing of debris from natural drainage channels lying just outside the City limits: The County had no dunds for this purpose, and the Council in the past had indicated that it did not wish City forces to conduct this work. If this cleaning of debris was not conducted in the upstream basis a serious flood threat continued to occur. He felt this circumstance was responsible for the blocking of the structure at the end of Spring Court during the 1969 rains. It was the-recommendation of the staff that (a) the City Council appoint a study committee consisting of Council and staff to investigate the impli- cations of the drainage maintenance district and (b) that the Council permit the Public Works Department to remove debris in these channels on a select- ive basis as determined by the City Engineer. Mr. •J. Stuart, 1773 Alrita, the City and County area in that property owners should wished. He further stated growth in drainage areas as storm waters. stated he felt that any and all grading done within the drainage channels should be done by permit and not be allowed to grade their property as they that the City government should protect all natural this growth helped control flooding by holding The City Engineer was authorized to remove debris from drainage channels ad- jacent to the City when in his determination it constituted a flood threat to property within the City. 13. Communication from Assemblyman R. G. Beverly and Assemblyman William Ketchum regarding flood insurance coverage Were again continued for a report from the City Attorney and City Engineer. 14. Communication from J. T. Morton, Special Assessment Attorney, forwarding copies of a proposed fee better agreement to handle special assessments for the City of San Luis Obispo on the basis of 2% of the cost of the project with a minimum of $750 in any one proceeding. On motion of Councilman Spring, seconded by Councilman Graham, the Mayor was authorized to sign the agreement on behalf of the City. Motion carried. 15. Mayor Schwartz reported to the City Council that L. Balatti, president of the Chamber of Commerce had appointed an Ecology Committee to study the problem of our environment within the City and the surrounding area in order to protect San Luis Obispo from any pollution problems. Mayor Schwartz con- tinued he felt the City Council should cooperate with the Chamber's Ecology Committee and ask the Committee to.study the matter of drainage channel easement widths and natural growth in channel areas and cooperate with the City Engineer and Planning Director in presenting recommendations to the City Council. On motion of Councilman Miller, seconded by Councilman Graham, the Mayor was authorized to proceed with this program. 16. Mr. Frank Molina appeared before the City Council stating he objected to the City of Morro Bay and the County of San Luis Obispo attempting to withdraw their support from the County EOC.. He hoped that the City of San Luis Obispo would support the Grass Roots Organization in the County and in particular, support Eddie Maruffo who is now being threatened with the loss of his job as director of the Grass Roots Program. Mr. Molina continued that Mike Riley, Director of the Office of Economic Opportunity (OEO) had threatened to fire Mr. Maruffo. F. Molina stated that Eddie Maruffo had.done a good job for the poor in the County.--�He asked that the City of San Luis Obispo instruct their representative to the OEO to vote in support of the Grass Roots Program. Mayor Schwartz informed Mr. Molina that the City of San Luis Obispo had not taken any action for or against the Economic Opportunity Commission (EOC), although they had been asked to do so by the City of Morro Bay and the Human Relations Commission. 1 1 J City Council Minutes April 13, 1970' Page 8 17. Communication from the San Luis Coastal Unified School District notifying the City Council that the school district was phasing out the last of its trash burning operations and would be operating on a trash pick -up basis in all schools as soon as they could make the arrangements with the garbage company. The communication was ordered received and filed. 18. H. Johnson, City Attorney requested Council authorization for the Mayor to sign the stipulation agreement for acceptance of the Southside Park from the Nelson estate. On motion of Councilman Miller, seconded by Councilman Blake, the Mayor was authorized to sign the stipulation agreement on behalf of the City. Motion carried. 19. Mayor Schwartz reported to the City Council on the Whale Rock Commission meeting held on April 10, 1970. See Whale Rock Minutes dated April 10, 1970. On motion of Councilman Blake, seconded by Councilman Graham, the meeting was adjourned. Approved: May 4, 1970 Fi atrick, City Clerk