HomeMy WebLinkAbout05/04/19701
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 4, 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. Be Miller, Administrative
Officer; D. F. Romero, City Engineer; E. Rodgers, Police
Chief; L.'Schlobohm, Fire Chief; E. P. Thompson, Water
Department Director.
I. On motion of Councilman Blake seconded by Councilman Spring_, 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. The minutes of the Council meeting of April 13, 1970 were approved
as'presented.
Be Claims against the City for the month of May 1970 were approved subject
to the approval of the Administrative Officer.
C. The Mayor was authorized to sign and record on behalf of the City a
Deed of Easement from L. E. Gathe, C. E. Gathe.and G. S. Hedley, Jr.,fa
A sewer easement on Perfumo Canyon Road.
D. The following resolution was passed and adopted. Resolution No. 2034,
a resolution increasing the 1969 -70 budget. (Water Chemicals and Filtering
Materials, increased by $4,000.00)
Be Permission was given to the Memorial Chapter #45, Disabled American
Veterans to solicit the business and professional peop a for funds for
their annual donkey baseball game, subject to the previous year's conditions.
F.% Permission was granted to the American Legion Auxiliary and the Veterans
of_-Foreign Wars to sell poppies in the City subject to the previous yew_
conditions.
G. Communication from the State Department of Parks and Recreation:.notifying
the City that the deadline for filing applications for Land and Water con-
servation Funds available from California's 1971 -72 apportionment has been
changed from July 1, 1970 to June 1, 1971 -was referred to-the City'staff
for report at the May 11, 1970 meeting (study session).
H. The City Clerk reported on the following bids received for the Influent
Bypass' Line at the Sewage Treatment Plant; City Plan 22 -70.
Burke Construction Co. - $8,612.50
San Luis Obispo
J. F. Sunderland $82878.00
San Luis Obispo
City Council Minutes
May 4, 1970
Page 2
West Coast Construction $9,535.55
San Luis Obispo
Walter Brothers Construction $10,452,50
San Luis Obispo
W. G. Watkins' $12,400900 1
Paso Robles
Engineer's Estimate $99672.50
D. F. Romero, City Engineer, recommended that the iow'bid'of Burke Construc-
tion Company be.accepted.
The City Council accepted the low'bid and awarded.the contract to Burke
Construction Company. ;
_ _I. _ Communication _.from D._.F. Romero, City Engineer,..regarding a_.meeting, _
held between City and Count— y staff'io discuss means of restricting build-
ing developments on flood plains was ordered received and filed.
J. Communication from Mrs. Warren E. Quist urging the City Council to con-
sider finishing the widening of Johnson Avenue, particularly.between San
Luis Drive and Lizzie Street was referred to the Capital Improvement Program
study sessions.
K. Communication from Michael Yankton, Chairman, Citizens Advisory Committee
requesting the Council to make three appointments to the Committee was re-
ferred to the Council Committee on appointments to the CAC for recommendation.
L. Communication from the Street Tree Committee on the proposed Street Tree ,
Program, was referred to the City Council study session of May 11, 1970.
M. The City Council granted permission for the City Clerk to leave the
State during the period kay 5 to May 15, 19700
N., Communication from LAFCO forwarding their approval,and authorization to
proceed with the Highland Drive Annexation and the Vista Grande.Annexation.
The Council referred the Vista Grande Annexation to the Planning Commission
and staff. The City staff was requested to prepare a letter on the annex-
ation of the Highland Drive,area. _
0. Communication from the California Peace'Officers' Association regarding
Assembly Bill 1562, Mutual Aid Assistance was referred to t Council study
session of May 11, 1970.
P. Request from the Underground Utilities Coordinating Committee that the
Council conduct a public hearing to ascertain whether public health, welfare
and safety require removal -of overhead facilities within proposed-underground
district, was referred to the Council study session.of May 11, 1970.
R. The City Council approved the request of the City Engineer for permission
to commence preparation for plans and specifications of priorities 1, 2, 33
4 and 5, as shown on the Select Street Deficiency Report of April 2, 1970 and
priorities 2, 3 and 4 of the Local Street section of the same report.
S. The following contract payments were approved&
Fred Julien & Associates Est. #1 $1;532'.88
Sewer Extension
City, Plan 18 -70
Fred Julien & Associates Est. #2 $ 17002
Sewer Extension (Final)
City Plan 18 -70
City Council Minutes
May 4, 1970
Page 3
G1eim Crown Pump Co. Est. #3. $520000
Overhaul Digester Mixers (Final)
City Plan 4 -70
T. The Council acknowledged the announcement by R. D. Miller, Administrative
' Officer of.the promotion of Norman R. Hammond from Utility Plant Operator in
the Water Department to Fireman beginning at Step 1,cr $590 per month effec-
tive May 1, 1970.
The following consent item was not included under the previous motion.
Q. On motion of Councilman Blake, seconded by for Schwartz, the request of
the Rotary Club to use a portion of City Parking Lot #6 for a non - profit pan-
cake breakfast on Saturday, May 23, 1970 during Ia.Fiesta, was approved.
Motion carried. Councilmen Spring and Graham abstained from .voting as they
are members of the Rotary Club.
1. At this time the City Council considered the final passage of Ordinance 4840
an ordinance amending the Municipal Code to re- define a lot and a non - conforming
lot.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the passage of this
ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Spring, seconded by Councilman Graham, the following or-
dinance was introduced for final .passage. Ordinance No. 4t$4,, an ordinance amend-
ing the Municipal Code to re- define .a lot and include definition of a non- conform-
. ing lot.
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
2. At this time, the City Council considered the final passage of Ordinance 483,
an ordinance amending the Official Zone Map . of the City of San Luis Obispo. (To
rezone the west side of Del Campo between Fletcher and Haskins Streets.)
Mayor Schwartz declared the public hearing open.
-No one appeared before the City Council for or against the passage of the ordinance.
Mayor Schwartz declared the public hearing closed*
' On motion of Councilman Graham, seconded by.Councilman Miller, the following ordin-
ance was introduced for final passage. Ordinance No. 463p an ordinance amending
the Official Zone Map of the City of San Luis Obispo. To rezone the west side
of Del Campo Boulevard between Fletcher and Haskins Streets)
Finally passed on the following roll call votes
City Council Minutes
May 4, 1970
Page 4
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
- Donald Q. Miller, .Kenneth E. Schwartz
NOES: None
ABSENT:. None-
39 At this time the City Council considered the final passage of Ordinance 482, '
an ordinance amending the Official Zone Map of the City of San Luis Obispoe (To
rezone from R -1 to R-2 that property located on the westerly side of Rockview
Place between Perkins Lane and Sweeney Court)
Mayor Schwartz declared the public hearing open.
No one appeared before the Council for or against passage of this ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Blake, seconded by Councilman Miller, the following or-
dinance was introduced for final passage. Ordinance No. 462, an ordinance
amending the Official Zone Map of the City of San Luis Obispo. (To rezone from
R -1 to R-2 that property located on the westerly side of Rockview Place between
Perkins Lane and Sweeney'-Covri)
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
49 Mr, Dennis Strasburg, representing -the Spiritual Assembly of Baha'is of
San Luis bispo, appeared before the City Council-explaining the philosophy of
the Bahatis religion and the activities of the congregation in San Luis Obispo.
He further explained the purpose and place of this religion in the world's
religious sects. He then presented to the Council a copy of the "Proclaimation
of Bahalu'luah°, which explains the purpose and teachings of this faith.
Mr. Strasburg stated the reason for coming before the-Council was to inform the
ouncil and citizens of the community of the Baha'is faith and its teachings of
fellowship and brotherhood,
5e Mr, Rod Levine, Chairman of the Design Review Board, appeared before the
City Council and presented a twin screen slide presentation entitled "Urban
Myopia"* The presentation consisted of slides showing good and bad design in
the City, including signs on public buildings and also•publi.cly owned signs
which are in some instances necessary and in good taste and in other instances
are not.
Mr. Levine thanked the Council for being allowed to present this program. He
stated it was available to groups ir. the community for their use,, and interes-
ted groups should contact the Planning Department or himself.
8. Communication from S. R. Keith, 572 Foothill Boulevard, regarding, 1) storm
drain grating at Foothill and west Santa Rosa Street, 2) feasibility of a bike-
way along Foothill to-Cal Poly.and 3) hazards to bike riding in San Luis Obispo.
D. F. Romero, City Engineer, explained that the grating at this location was
constructed in such a way that all vehicles except bicycles with narrow tires
could pass over it and that his7 department had placed strips across the.grat-
ing to keep these narrow tires from falling through. Since widening in this
block is considered in the relatively near future, he had been reluctant to
make a permanent repair feeling that bicycle riders could easily drive around
this grating without undue hazard.
City Council Minutes
Maye 5 1970
Page
Blake felt that the City should do something to correct this most
hazardous condition. He continued that this particular problem had been be-
fore the Council previously and he felt that something should be done to cor-
rect it now.
Councilman Graham asked if something couldn't be done to cover this grating
with a solid cover during the summer months when there are no problems with
flooding.
Councilman Miller stated he felt that the City should correct this dangerous
condition grating) as the City tries to encourage bike riding to eliminate
air pollution. He felt this dangerous situation should not be allowed to exist.
On motion of Councilman Miller, seconded by Councilman Blake, the City Bhgineer
was requested to prepare a cost estimate to correct the grade and the grating
-at the.intersection of Foothill Boulevard and Santa Rosa Street. Motion carried.-
As far as the request for placing a.bikeway along Foothill Boulevard. to Cal Poly,
the City Council did not feel there was any feasible way of accomplishing this
at this time, but felt it .could possibly be studied for inclusion in future sub-
divisions.
7. At this time the City Council considered the final-passage of Ordinance 486,
an ordinance providing for a mandatory solid waste disposal service.
Mayor Schwartz reviewed for those present, how the City had arrived at this point
of a mandatory solid waste collection ordinance, which would force the collection
of all solid waste and disposal.of same outside the City.
Mayor Schwartz continued that prior to opening the public hearing he wished to
review a list of questions which had.been brought up at a prior hearing.
1. Will the City allow temporary discontinuance of collection service for long
vacations, etc'.?
Answer: Yes, for periods of one month or longer. A written notice must be
given to the City Clerk listing dates to stop service and to resume service.
2. Will the City recognize properties that do not generate any solid waste but
still desire water service, such.as closed businesses, etc.?
Answers Yes, of the City Clerk's office is notified of conditions in writing.
30 Can property owners with large parcels of land be granted special permits
once a year to burn leaves, orchard trimmings, etc.?
Answer: The City Council always has the right.to grant variances to their
ordinances, but in this case, exemption would be limited, depending on the
Cdupty's: >anti -smog controls.
4e How `about financial-hardship cases, such as people on welfare, etc.?
Answer: No provisions for exemptions in proposed ordinance.
5. Can the City legally enact a mandatory.solid waste collection ordinance and
collect with City owned utility;.while solid waste is.collected by a private
' contractor?
- . Answer: Yes
Councilman Blake also explained that if'a residence were vacant, awaiting.sale,
transfer, etc:, but the owner desired water service for maintenance purposes, a
written notice to the City Clerk's Office would suspend the garbage service un-
til the residence was re- occupied.
Mayor Schwartz declared the public hearing open.
City Council Minutes
Page y k6 1970
Cecile Morrison, 750 Orcutt Road, asked that the City Council give special con -
sideration to property owners with large parcels of. land with a large-amount of
growth.. She stated she had a large parcel which was planted with eucalyptus
trees which shed leaves and bark on her property twelve months out of the year.
She felt it would take a truck load every month to haul all the leaves and bark
off her property. She did not feel that burning of leaves and bark would be an
annoyance to anyone. She concluded that if she had to have all these leaves
and bark hauled away it would be a financial hardship.
Be Brown asked if under the new ordinance, property, owners would be allowed-to
haul excess debris to the City dump.
H. Johnson, City Attorney, explained that the proposed ordinance would prohibit
Z77- hauling by private parties.
. - Councilman Blake stated that. as a member of the Council Committee that had recom-
mended this mandatory ordinance it was not his intention to prohibit private
.parties from hauling excess garden trimmings, etc* to the City dump.
Councilman Spring stated it was also his intention to allow private :parties to
Haul their own excess solid waste to the dump.
H. Johnson, City Attorney, stated that-if this was the intention of the Council.
Committee, section 5 200.10 which prohibits private parties from dumping, should
be stricken from the ordinance.
Be Brown stated he felt that the.imposition of this ordinance upon the people of
San Luis Obispo was another act of the government taking away the free choice of
the people, who have no choice as to how they wish to dispose of their garbage.
D. Lewetzow, asked if the new ordinance contained the same provisions.'as the
existing ordinance which prohibits the collection of garbage by the garbage
company before-700 A.M. .
H. Johnson stated that this provision did not exist in the ordinance at this
time and was not in the proposed amendment eithere
D. Lewetzaw stated he had been informed this was true.
Bill Loper, 266 Lunetta Drive, stated he felt that the ordinance should be
amended to allow private parties to haul trash and other solid waste which ac-
cuaulates around their property to the dump. He agreed that private parties
should not haul trash for the entire neighborhood, but felt they should be al-
lowed to haul their own excess garbage and-trash to the dump.
Mr. Loper questioned the high rates applied to apartments and courts in com-
parison to a family residence, as he felt that apartments and courts do not
have the garden trimmings for pick up.
Donald Reising, representing the convalescent hospital on Augusta Street, asked
i?a variance could be granted by the Council to hospitals and convalescent
hospitals to barn tissues and contaminated items which should not be placed in
the garbage*
James Gates,'County•Health Department, stated that under the proposed anti- barni.ng
provisions of the County smog control district, incinerators under certain rigid
controls will be allowed for such incineration.
Art Blackwell, 830 Boysen Avenue, asked what provisions had been made:in..the or-
dinance to handle oil, cleaning solvent, paint, and other combustible materials
which should be handled carefully, especially in view of the fact that private
persons could not haul this material to the dump. • . .
Councilman Blake answered that a commercial establishment such as his, has this
material hauled away by the garbage company. He stated that the material is
placed in covered containers.
1
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City Council Minutes
Page 7
May 4, 1970
N. Langford questioned the need for.the mandatory provision in the ordinance.
He asked why he couldn't use a smaller can and be charged a lesser rate as he
did not need a thirty -five gallon can.
Emmet O'Reil],y objected to mandatory solid waste removal and the banning of out-
door burning in the City.- He felt that this ordinance was being rushed for some
' reason. He hoped there could be more discussion before the ordinance is passed.
He also suggested that rather than the individual garden pickup at'each residence
that the City establish trash lots throughout the City where property owners could
take their garden trimmings and trash. Then the garbage company could make one
collection. He felt this would be.better for the property owners and for the
garbage company.
Mayor Schwartz explained the length of time this particular ordinance has been
under consideration and discussion. He stated that a public hearing had been
held at which,time the ordinance was discussed..with the public. He also mention-
ed the coverage this ordinance had received from the various news media in the
City. He continued he did not feel this.ordinance was being rushed into as it.
has been under discussion for several months.
G. Miller,:Pacific Street, questioned the City's right to.enact an ordinance
which required the mandatory collection of garbage. He asked if the City was
liable for any resulting suits against the garbage company.
H. Johnson, City Attorney, answered that the,garbage.company as'an independent
contractor is liable for any and all negligent or intentional acts of its employ-
ees or.agents and the City of San Luis Obispo is not responsible for such activities.
However, the contract with the contractor requires the garbage companyato carry
liability insurance in specified limits, naming the City, its officers and employees
as additional named insured parties, to be certain that no loss.can be `experienced
by the.City as a result of such suits.
' Gene Miller felt that the City Council should be aware that the citizens of
oyo Grande had voted down a compulsory garbage collection ordinance.
Councilman Blake answered'that the City Council had been elected by the people and
he felt it was the Council's responsibility to enact necessary ordinances to clean
up the environment of the community. He felt that every issue did not need to be
;voted upon by the people;
James Gatess County Health Department, stated,:for the Council's information, that
the issue on the ballot in Arroyo Grande was not whether there-would be mandatory
garbage collection but merely that certain provisions of the garbage agreement be
amended. He,added that if the measure had passed, the City Council of Arroyo
Grande intended.to add a mandatory provision.
C. Kimble, 2030 Broad Street, asked what could
jacent to his property. He stated this vacant
people who left their trash and garbage on it,
was.a health:.hazard.
B. Barrows, 870 Meinecke.Avenue, objected to t
prohibited private persons from hauling excess
be done to clean .up the lot ad-
lot was being used as a dump by
He felt the lot was unsightly and
ze provision in,the ordinance which
trash to the dump.
Mrs. G. Stairs, 225 N. Chorro, objected to the mandatory provisions of the ordi-
nance as she does not use garbage service. She stated that she hauls the garbage
' and trash for her entire apartment complex to a lot she owns outside the City
limits. She stated that for this reason she does not need garbage service and
should not be required to pay for it.
Mr. J. Stairs stated he agreed with.his.wife that they did not need garbage col-
lection. He stated that one reason they hauled their own garbage was that they
felt it should be collected more than once a week.
J. 8heda asked the City Council to consider the cancellation of.garbage service
when people go on extended vacations.
City Council Minutes
May 4, 1970
Page 8
Mayor Schwartz again explained that this could be accomplished by notifying the
City Clerk in writing.
Bob Leitcher questioned the validity of the ordinance as it took away the private
citizen's right to haul their own excess rubbish to the dump.
Helen Sederberg, 1591 Mill, asked that the City Council consider having special '
provisions for people who do not generate very much garbage. She stated that
she lives alone and works all day. She stated that at the most she only creates
one small can of garbage per month. She added that she did not have any garden
trimmings as they were hauled away by her son. She felt some special-provisions
should be made for people like herself. -
Mayor Schwartz declared the public hearing closed. :
- Councilman Graham - stated he felt that the mandatory provisions of the ordinance
were needed in order to clean up our community and to eliminate indiscriminate
disposal of solid waste within the City. He felt that the ordinance would make
San Luis Obispo a better place to lave. He also felt that the proposed fee for
single family residences was fair and that the service would be adequate, although
he felt some consideration could be given to people who are not financially able
to afford garbage service.
Councilman Miller stated he felt that the City Council had waited too long to
pass this ordinance. He felt that this ordinance had been well thought-out and
-had been thoroughly publicized in order to inform the public of the proposed or-
dinance. He hoped the City Council would proceed with the adoption of this .
ordinance. Councilman Miller stated he would support the final passage of this
ordinance' but he felt an amendment should be made to allow individuals to haul
their own trash to the dump. He continued that he felt garbage collection should
be handled by each city individually and not on a state-wide basis. Councilman
Miller also stated he did not feel the ordinance should be filled with many
different rates to handle specific cases.
Councilman Spring stated he too would support the final passage of the ordinance
but felt it should be amended to allow individual property owners_to.haul their
own excess trash to'the dump.
Councilman Blake stated he would support the adoption of the ordinance to collect
solid waste in the City. He also agreed that a whole list of rates for various
conditions would make the ordinance inoperable. He further stated that.the pro-
posed rates for garbage collection were approved by'the City Council at public
hearings. Councilman Blake stated that under the proposed ordinance, the books
of the garbage company would be subject to an annual audit. He stated that if
after this audit the Council felt the garbage company was losing money the rates
would be increased; and likewise if the Council determined the rates were too
high, the rates could be, adjusted downward.
Mayor Schwartz stated he felt the follokdng options were'available to the City
Council. 1 Adopt the ordinance, but delete section 5200.10,-which prohibits
private citizens from hauling their own excess trash to the dump. (2) Grant a
variance for hospital incinerators subject to the.conditions established by the
County anti- pollution control district. (3) Determine if there is a need for
special consideration for people who live alone and generate little or no trash
on their property.
On motion of Councilman Spring, seconded by Councilman Graham, that Section
5200.10 be deleted from the ordinance. Motion carried, Councilman Blake voting no.
It was the common consent of the City Council that this matter be referred for
consideration by the County Health Department.
It was the consensus of the Council that it would be extremely difficult to op-
erate the garbage collection system if special conditions were made for a large
number of property owners, and it would be difficult to determine the rate and_ ..
when and if garbage should be picked up.
City Council Minutes
May 4, 1970
Page 9
Councilman-Blake stated that it was the feeling of the Council Committee that
rates for collection of garbage were based on the cost of labor, equipment,;etc.
He felt it would cost as much to pick up a half a can of trash as it would to
pick up a full one, therefore, the rates should hot be adjusted for special cases.
Mayor Schwartz stated he felt that now was the time for the City Council and the
citizens; of San Luis Obispo to face the facts and clean up their environmentp in-
cluding land, air and water. He felt that the City Council had given this matter
a considerable amount of time and that considerable discussion had taken place at
the two previous meetings. He also felt that this matter had been well advertised.
He felt that the public had been made well aware of this ordinance and had been
given an opportunity to state their feelings-on the matter. He continued he would
support the final adoption of this ordinance. Mayor Schwartz concluded that the
City Council would pledge to make changes in the ordinance as inequities were
found and brought to the attention of the Council.
On motion of Councilman Spring, seconded by Councilman Blake, the hollowing ordi-
nance was introduced for final passage.. OrcU_na_n_ce_N_o,_UW37in ordinance providing
for a mandatory solid waste disposal service.
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
6. At this time the City Council held a public hearing on the appeal of Robert
Leitcher from the order of the City Engineer to abate a drainage obstruction on
his property at 1027 Nipomo Street.
Mayor Schwartz declared the public hearing open:
Robert Leitcher stated he had attended many Council meetings at which drainage
problems bad been brought to the Council's attention. It was his opinion that
these was no purpose in protesting the order of the City Engineer as it was ap-
parent that the City Council always supported the opinion of the City Engineer.
He felt that the method used for correcting drainage obstructions, taking indi-
vidual properties up and down the creek, was unfair. He felt that a better
policy would be to take one area of the creek at a time and correct obstructions
on a zone basis.
Mr. Leitcher stated that he had resided in this community for many years and
during this time he has not been aware of any damage to property or upstream
flooding caused by the rock wall and trees on his property at 1027 Nipomo St.
He'stated-he felt there is no equity in the approach used by the City through
the-Engineer's Office as no plans were presented for clearing the entire creek
area.
D. F. Romero, City Engineer, explained the nuisance problem resulting from the
obstructions on the Leitcher property. He explained that the City was not asking
property owners to improve the drainage channel for the City, but only to clear
up obstructions on their property.
Councilman Blake stated he was sure that Mr. Leitcher would.receive fair treat-
ment on his appeal. He continued that the City Council to date had removed many
obstructions from the City's streams. He continued that he.felt the Council.
should continue to clear up obstructions when they were brought to their attention.
Councilman Spring stated he felt that the wall on the Ieitcher property- was.all
right and should not be removed. He further questioned the need for.the removal
of the trees as he did not feel they caused any damage..
City Council Minutes
May 4, 1970
Page 10
Councilman Miller stated he felt that if the bulge on the east bank of.the creek
at"this location were graded out it would remove any possible obstruction to
drainage. He felt that the trees could remain with the exception of the .tall
poplar which should be removed to widen the channel.
Councilman Miller also asked that the City Engineer look into the practice of
- the - Foremost Dairy of cleaning the tanks of.their trucks and then dumping
material into the creek.
Councilman Graham agreed -with Councilman Miller's suggestion regarding grading
of the east bank, but he felt that removing the -rock wall might cause more of a
problem in future storms due to shifting of the bank.
Mayor Schwartz explained that as he understood the problem it is the Pity_ Council's
responsibility to legally clear up.any problems in the City's drainage system..
If the City does not clear up these problems then the City might be liable for
-any damage T-cr not requiring the property owner to abate the obstruction on his
property. He further:felt that Mr. Leitcher had not presented any,evidence.:,,
supporting his claim that the obstruction on -his property was not a potential
hazard to the creek system.
Robert Leitcher stated he did not feel that the City had presented any evidence
that his property had ever- caused any flooding or damage to. adjacent properties.
He felt that the fact that the water during the 1969 flood had passed through
his property illustrated that there was no problem.
Councilman Spring suggested that the City retain an engineer who is neutral and
have -.him conduct a study and then make recommendations to the City Council. He
stated he ,ras not questioning the City Engineer's determination but thought the
property owner would feel better if a neutral person were involved.
Robert Leitcher stated he hoped that the City Council would someday face-the
issue and study the drainage in the entire creek basin from Cuesta grade to be-
low the sewer plant so that adequate plans could be developed to handle any
future flooding problems.
It was moved by Councilman Miller that the property owner be required'to'remove
the obstructing poplar trees on the east bank and let the other trees remain. ..
Motion died for lack of a second.
It was moved by Councilman Graham that the.City Engineer be directed.to prepare
a plan-which would solve the problem and still allmy the trees to remain on the
east bank.
Motion died for lack of a second.
On motion of Councilman Blake, seconded by Councilman Miller, that the appeal of
Robert Leitcher be denied. Motion carried, Councilmen Spring and Graham voting no.
9. Mr. Norman Stone appeared before the City Council to support a program of
human action for the City of San Luis Obispo which would attempt to remove any
tensions between the various elements of the City's population. He asked that
the City Council appoint two members to work with -this group in order --to come.
up with a good human action program for the community. Mr. Stone also.hoped.,
that the Council would support the human action program by matching a dollar
of City money for every dollar collected by the committee in order to`.purchase
the film "Blake and White:. Uptight" for viewing by interested people;in - the
community. He continuted that contributions made by the City and citizens -,
would support the minorities of-the community.
M se Maxine Lewis representing the Grass Roots - Organization) stated she.-hoped.
that the City would cooperate, by helping to purchase the film "Black-- and'.Whites
Uptight" in order to help the citizens df. San Luis Obispo to have a better un-
derstanding of the problems between blacks and whites. She also felt there was
a need for a building.fund in order to start a training program for underprivil-
eged persons on office procedures.
City Council Minutes
May 4, 1970
Page 11
Mary Phillips urged the City Council to support the proposal to acquire the film
so that an.education program for human action.could:be initiated.
Councilman Miller stated he was in favor of the City purchasing the film for use
by organizations.and groups, and would also support a program of matching funds
for the development of a human action program.
'
Councilman Graham stated that he originally felt the film should be rented in
order to always have a new film -for showing, but he now felt he would support
the purchase of the film using matching funds. He felt that.the Human Relations
Commission should represent the City in the human action program.
Councilman Spring stated he was in sympathy with the program and felt the film
was:a good one, but would be opposed to the City purchasing the film outright
as he felt it would set a precedent for other groups in the city for purchase
of their films.
Councilman Blake stated he.felt the Human.Relations Commission should purchase
the film from their budget if they felt.it was necessary for the good of the
community. He also objected to the City purchasing a film for a private group.
Mayor Schwartz stated he wanted to know just what the.full program would be
when this program was shown. He also felt it would be better to have several
films on a rental basis rather than just one film and one program.
Norman Stone stated he did not know that the Human Relations Commission had any
funds to buy the film. He stated that the proposed program included having a
trained projectionist and a trained discussion leader present.at all showings
of the film. He stated it was their intention to show this film at schools,
PTA's, business groups, etc. He felt that what was needed was the support of
the -City Council, in financing, moral support and direction for the program.
Councilman Miller suggested that the Council appoint a committee to work with the
Human Action Committee.
Communication from the Human Relations Commission urging the City Council to par-
ticipate in the purchase of the film "Black and White: Uptight ".
Communication from John A. Enos objecting to the City using public funds to pur-
chase a film for use by a private organization. He stated that if -this film,
were to be loaned out to various organizations as was proposed, it would be
expensive to maintain due to damage caused by different - projectors. Also, he
felt the film in question had a one -time usage. He felt it would..be cheaper
to rent the film, and that the human action committee should bear the cost. He
concluded that if the City purchased this film it would set a precedent for
every group in the community to petition the city to buy films for their
organization. .
Mayor Schwartz appointed Councilmen Miller and Graham, with the Council's ap-
proval, as a committee to meet with Mr. Stone and his group to discuss what
services can be done to assist underprivileged citizens in the city. The
committee was asked to report to the Council by May 18, 1970.
It was the consensus of the Council to approve the suggestions made by Mayor
Schwartz.
' 109 Mr. Hewitt Wight, Cal Poly Instructor, appeared before the Council on be=
:half of Plant Industries, Inc., who would like to conduct a sewage treatment
test at the.-City's sewer plant. The purpose of the project would be to study
alternate methods of sewage treatment for disposal. Plant Industries would
build ,a ten -foot by twenty -foot building on the property behind the plant sys-
tem. At the end of the research project, the building would be-turned over to
the City for their use. The project is scheduled to begin April 1, 1970 and
would be completed October 1, 1970. They also wished to have the option to
extend their project for an additional two years.
City Council Minutes
14Y 4, 1970
Page 12
D. F. Romero, City sneer, stated that this project could be a benefit to
the City San Luis Obispo if the study were successful and also the-City
could use the building after the project is completed.
On motion of Councilman Spring, seconded by Councilman Graham, the Mayor was
authorized to sign the agreement -with Plant Industries, Inc. for this project.
Motion carried.
11. Communication from the Santa Lucia Area Council of the Boy Scouts re-
questing permission to terminate -the lease agreement between the Scout.Council
and the City of San Luis Obispo for that portion of Lopez Canyon deeded. to the
city as a recreation area.
The Boy Scout Council gave the following reasons for terminating the lease:
1. Continued harrassment from vandals.
2. The inability of the Scout Council to comply with Health Department
requirements on pollution of the stream area.
3. Limited use by the Scout troops.
R. D. 1011 rp Administrative Officer, explained to the City Council the problems
involved if the lease were terminated. Weeds would have to be kept away_ from
the structure and fire ring. Vandals.. would have to be kept out of'the building.
On motion of Councilman Spring, seconded by Councilman Graham, that the lease
be terminated subject•to the area being cleaned up by the Boy Scouts; that the
Park Department make arrangements.to secure the building.and clear, the critical
area of weeds and that the City staff make recommendations as to the.ultimate
use of the property. Motion carried.
12. Jack Kellerman, Chief Building Inspector, reported`to the City Council on
the cost to correct and update the heating system in the Recreation Building
which had been recently turned off at.the order of -.the insurance company -be-
cause of violations to existing safety rules. He continued that a'corisulting
engineer had conducted a survey on the cost to restore the heating system and
it was the engineer's opinion that it would cost $750.00 for a complete..anal-
ysis of the heating- system.for recommendation to the City Council. He felt
the approximate cost to correct the heating system would be $10,000.
L. Thrasher, representing-the San Luis Obispo Bridge Club, appeared .before the
tiG�cil urging that the Council do whatever is necessary to get heat re-
stored to the building. He felt that nothing was being done by the:City to
restore heat, but felt something should be-done now.
Jack Kellerman stated he has made additional studies of the problem and he
felt a mi=repair could be made for $1,500 to $3,000, or the existing
system could be abandoned and space heaters could be installed in, each office
to heat the building at an estimated cost of $6,000.
On motion of Councilman Blake, seconded.by Councilman Graham, the Building .•
Department was authorized to prepare plans and specifications to put in'mini-
mum repairs and changes..in the present heating .system in the Recreation Build-
ing. Motion Carried.
13. At this time the City Council considered the appeal of Stanley V. Cole.
from the order of the City Engineer to remove an obstruction in San Luis Creek.
Stanley Cole � stated that he felt that the building in gmitiori triad 'bd6z built,
undeity permit, approved by the City at the time-it was built, and ma.s
designed and constructed by a. licensed state engineer and architect. He did
-not feel that he should at this timer be required to rebuild the structure to
1970 standards. He felt that part of.the problem was that with the continued
growth of the city, additional water has been forced into the drainage system
and he also` didn't feel that the estimate of, the consulting engi.neer.:was within
the realm of reality and was financially unfeasible. He felt that this pro
ject, if ordered by the City, would constitute confiscation of his property.
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City Council Minutes
May 4, 1970
Page 13
D. F. Romero City Engineer, explained that the main support had caught large
debris flowing down the channel during the 1969 storm and had been a major
._.cause in flooding the downtown area. In his.opinion, it was quite important
that at least the main structural support be revised.
S. Cole stated he challenged the City to correct their own obstructions in
' the City's creeks, such as the T bar under the bridge crossings. He felt the
City should correct their obstructions before asking private property owners
to correct obstructions on private property. He agreed that he needed to do
some work on the columns under his:building in order to protect its safety,,
but he did not feel that the expenditure of $33,000.00 was needed to make the
building safe.
Mayor Schwartz explained that the City must look into the liability of obstruc-
tions in the creek and that property owners must be.liable for obstructions on
their property which are a hazard to the creek flow.
Councilman Spring suggested that Mr. Cole should be allowed to put the columns
back in the same condition as they were originally approved.
H. Johnson, City Attorney,.explained the City's responsibilities and liabilities
in not clearing up obstructions in the creek when they are brought to the ,
Council's attention. Once a dangerous condition has been identified, the City
has assumed.greater responsibility for seeing that the condition is alleviated,
then if.it had not acted.at all. While the basic responsibility still rests.
with the owner of the private property on which the obstruction exists; if
future flooding does occur as a result of failure to require corrective action,
the City could become a joint tort,feasor. However,.the courts will recognize
the financial burden of taking the recommended corrective action to some extent.
Councilman Miller suggested that Mir. Cole should hire an engineer of his choice
' to come up with a proposal to correct the obstruction.
S. Cole felt that the channel opening in the creek under this property was lar-
ger than the opening in the street bridge at Santa Rosa and.Osos Streets.
On motion of Councilman Miller, seconded by Mayor Schwartz, that the appeal of
Stanley V. Coe be denied* Motion carried on the following -roll call vote:
AYES: Emmons. Blake, Donald Q..Yj_Uer, Kenneth E. Schwartz
:NOES: Arthur F. Spring, Mgron Graham
ABSENT: None
Mayor Schwartz explained to Mr. Cole that he still had the option to present a
proposal to the Council to correct this obstruction problem.
149 Communication from Johnson Highlands; Inc., requesting that the City,Council
relieve them of the requirement to install a new sewer line on Hathiaay as required
_by the Use Permit and Variance issued by the Planning Commission for development
of a housing unit at 520 Hathway Avenue.
J. H. Fitzpatrick, City Clerk, presented Planning Commission Resolution 63-69
issued to Johnson Highlands, Inc. to allow. construction of twenty family units
at 520 Hathway, subject to the extension of a sewer main to the intersection of
Hathway and Montalban to connect to a larger line at that point.
H. Johnson, City Attorney, brought to the Council's attention the fact that the
Planning Commission had issued.the Variance and Use Permit on July 15, 1970 and
this was the first time that Johnson Highlands.had appealed that decision.
City Council Minutes
May 4, 1970
Page 14
D. F. Romero, City Engineer, explained that the sewer line fronting.the,prop►
erty was already overloaded with present development and that the nearest 'point
of adequate service, at this .time, was approximately 300 feet away at the inter-
section of Montalban and Hathway. He explained that it was the Council's
discretion as to whether it wished to permit connections to already overloaded
lines. . . •.
Leonard Blaser, representing Johnson Highlands, stated that after receiving the
side Permit and Variance from the Planning Commission with the stated condition..
it had been brought to his attention in discussion with the City Council that
it had beer, the long standing policy of the City to have the developer connect
his sewer lateral to the closest point of service which is, in this case :.
directly in-front of his property and not at the corner. Further, it was his
--understanding that any inadequacies of sewer facilities downstream'were the
responsibility of the City. He felt that this particular line had been in
existance for many years and that the overtaxing had been caused by the new
developments north of his property. Therefore, he did not feel that the bur-
den for the entire cost of this line was justifiable or equitable...__;:. -:
On motion of Councilman Blake, seconded by Councilman Spring, the appeal of
Johnson Highlands, inc. was denied. Motion carried. .• Councilman Miller voting
no.
15. At this time the City Council continued the appeal of Allan C. Johnson
from a requirement for one -half street paving in front of his small su ivision
on Lizzie Street and Wilding Lane,
H. Johnson, City Attorney,-reported on his investigation of the court order be-
tween Bowden and Gallagher. He stated he did not feel it had any deciding
effect on the appeal before the City Council.
Allan Johnson appeared before the City Council stating it was his contention
that the street work on Wilding Lane and Lizzie Street being required of him
-is already in place, as may be evidenced by physical inspection and -by the,,•
fact that it has continually served twenty -nine homes and families in this
tract for more than ten years. Mr. Johnson again stated that each and every
one of his contractors had opened the street and each found that the street
had an adequate red -rock base and at least two inches of paving. Therefore,
he concluded that Wilding Lane and Lizzie Street were paved City streets. He
asked the City Council to relieve him of the requirement of.again paving
Lizzie and Wilding Lane.
D. F. Romero, City Engineer explained that this portion of Wilding and Lizzie
had never been built to city established grade or completely improved to city
standard and that the street had been maintained in a partially improved con-
dition and was not, in any way, acceptable in accordance with requirements of
today.
D. F. Romero presented for the:.Council's.in_formation the subdivision agreement
signed by Allan Johnson which listed among the conditions for the small subdi=
vision that Lizzie and Wilding Lane be paved with one -half street improvements.
Councilman Blake stated he felt that Allan Johnson was aware of the conditions
of the subdi ion agreement when he signed its and that the conditions were;
reasonable and understandable. Further, according.to a statement made-by .
Frank Gallagher, developer of Tract 118, this portion of Li.zzie• and Wilding
Lane were not improved to any standards set by the City.
Councilman Miller stated he could understand.Allan Johnson's confusion,in
thiaki^g•.that Wilding -Lane and Lizzie Street were City streets. He ad-not .
feel-the subdivision requirements were fair.
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City Council Minutes
May 42 1970
Page 15
Mayor Schwartz stated it was his impression, upon seeing the street, that it
was paved and was truly a City street.
- Councilman Graham stated he felt that some compromise could be'.worked. out as
he�fe t there was a question as to whether or not these were City streets.
On motion of Councilman Blake, seconded by Councilman Spring,.that the appeal
of Allan Johnson be denied.
Motion carried on the following roll call vote:
AYES: Emmons Blake, Arthur F. Spring, Mayor Schwartz
NOES: Myron Graham, Donald R. Miller
ABSENT: None
179 At this time the City Council considered a petition filed by thirteen (13)
residents of Swazey Street asking the City Council for some relief from the
vicious and uncontrolled dogs living in that area. They stated the mail carrier
had refused to deliver in this area until the dogs were either removed or con-
trolled. The petitioners stated that they had contacted the animal shelter and
the Police Department who had been cooperative but had not been successful due
to the fact that owners of the dogs seemed to sense the arrival of the author-.
ities and kept the dogs in the house. The petitioners suggested that the
redemption fee for owners to claim their dogs at the pound should be increased.
A. S. Hiltunen appeared before the Council on behalf of the petitioners. He
stated he hoped the City Council would continue this matter for discussion at
a later date because of the late hour.
Mrs. Phillips urged that the City Council consider adopting an ordinance that
would control vicious dogs in the community and protect postmen, meter readers,
etc* who were attacked while they were trying to do their jobs. She felt that
in addition to increased redemption fees, when a dog has been picked up three
times it should not be returned to the owner but should be destroyed.
E. Porte, Swazey Street, stated he was one of the persons who have been attacked
Ty these dogs. He stated he had made complaints to the Police Department and
now he was being abused by the-dogs' owner, which.he felt was quite unfair.
On motion of Councilman Spring, seconded by Councilman Blake, the matter of un-
controlled dogs on Swazey Street and the introduction of a dog control ordinance
was continued until May 18, 1970.
23. At this time the City Council considered the following requests of the La
Fiesta Association.
1. Permission to close Palm Street between Grove .Street and Grand Avenue
for concessions and rides on May 22, 23 and 24, 1970.
2. Request for a parade permit to close Higuera Street from 6:00 A. M.
to 12:30 P.M. on May 23, 1970.
3. Use of City owned 'property at Laguna Lake for Gymkhana and Horse
Riding Event.
Councilman Blake stated he had received many complaints on the location of the
' 1970 La Fiesta, based on the noise generated from the 1969 La Fiesta in this
residential area. He hoped that in the future the City could have some control
over the location of the Fiesta. He continued he also stated he was opposed
to the closing of Palm Street between Grand and Grove for concessions and rides*
Charles Delmartini, representing the Fiesta Association, stated he was tired of
people constantly complaining about the Fiesta but not coming forward to help
with the development of the plans: -