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HomeMy WebLinkAbout10/19/1970rPledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA October 19, 1970 - 7:00 P.M. City Hall Present: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. P. Thompson,.Water Department Director; J. Stockton, Park and Recreation Supervisor. C -l. The City Council approved the minutes of the August 17 and 24 and September 8 and 14 meetings as corrected. C -2. The Mayor was authorized to execute an agreement with Milton E. Willeford, Certified Public Accountant, continuing his services as the City's independent auditor. C -3. A Communication from the State Department of Parks and Recreation re- garding funds available for development of recreational areas was referred to the Park and Recreation Department for study with a report to be presented at the joi:nt:study-sessi,on of November 4, 1970. C -4. A communication from the City Engineer suggesting a priority for curb, gutter and gutter and sidewalk improvements within the City was continued to the next study session. C -4A. A report from the City Engineer regarding the cost of improving the west side of Broad Street north of U. S. 101, was continued to the next study session. C -5. A communication from the Southern Pacific Transportation Company sug- gesting that as the City proposal for widening Santa Rosa Street and Santa Barbara Avenue and connecting the two would conflict with their plans for the area that the City consider another area in its master plan for highway system was received and filed. C -6. On motion of Councilman Spring, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2121, a resolution approv- ing agreement for temporary use of the Civil Defense fire truck by the Calif- ornia Disaster Office. 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 City Council Minutes October 19, 1970 Page 2 C -7. The request of the Associated Student Body of San Luis Obispo Senior High School for a parade through the downtown area was approved and referred to the Police Department for coordination. C -8., The suggestion of the Advisory Committee on Joint Recreational Use of School District Property regarding installation of directional signs to Sinsheimer Park was referred to the Design Review Board and Traffic Committee. C -9. The approval of the Local! Agency Formation Committee to proceed with Prefumo Canyon Road Annexation No. 1 was received and the staff was instructed to prepare the necessary documents. C -10. The City Council approved the following contract payment to be made October 30, 1970: Madonna Construction Company Est. #4 $27589.99 Mission Plaza Project City Plan 12 -70 C -11. The City Council approved the following salary step increases: Ruth Floyd - Stenographer From Step 3 or $518 to Step 4 or $552 Dennis Cox - Groundskeeper From Step 3 or $552 to Step 4 or $584 Norman Hammond - Fireman From Step 1 or $632 to Step 2 or $666 Terry Young - Police Officer From Step 1 or $666 to Step 2 or $706 C -12. R. D. Miller, Administrative Officer, announced the promotion of Oscar Lamboy to Heavy Equipment Operator, effective October 16, 1970 at $684 per month, also the appointment of Delbert Heading as Maintenance Man II at $518 per month, effective October 16, 1970. 1. At this time the City Council considered the final passage of ORDINANCE 501 an ordinance of the City of San Luis Obispo approving the annexation to said City of certain uninhabited territory designated "Weigold Annexation ". Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the annexation. 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. 501, an ordinance of the City of San. Luis Obispo approving the annexation to said City of certain uninhabited territory designated "Weigold Annexation ". 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 502, an ordinance of the City of San Luis Obispo approving the annexation to said City of certain uninhabited territory designated "South Higuera Street Annexation No. 2 ". 1 City Council Minutes October 19, 1970 Page 3 ° Mayor Schwartz declared the public hearing.open. No one appeared.before the City Council for.or against the annexation. Mayor Schwartz declared the public hearing closed. On motion of Councilman Spring, seconded by Councilman Blake, the following ordinance was introduced for final passage. ORDINANCE N0. 502, an ordinance of the City of San Luis .Obispo approving the annexation to said City of .certain uninhabited territory designated "South Higuera Street Annexation No. 2" Finally passed on the following roll call vote:. AYES: Emmons Blake, Donald.Q. Miller., Myron Graham, Arthur F. Spring, Mayor Schwartz NOES: None ABSENT: None 3. At this time the City Council considered the final passage of Ordinance 503, an ordinance amending portions of Article III, Chapter 1, Part 2, of the San Luis Obispo Municipal Code, to adopt amendments to the 1967 edition of the Uniform Fire Code. Mayor Shhwartz declared the public hearing open. No one appeared before the City Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Blake, the following ' o'rdinance was introduced for final passage. ORDINANCE N0. 503, an ordinance amending portions of Article III, Chapter 1, Part 2, of the San Luis.Obispo Municipal Code, to adopt amendments to the 1967 edition of the Uniform Fire Code. Finally passed on the following roll call vote: AYES: Emmons Blake, Donald Q. Miller, Myron Graham Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 4. D. F. Romero, City Engineer, explained that the creek obstruction problem at 172 N. Broad Street was a sewer service to the Boriack property which had been installed into the upper half of the storm drain, thus creating a partial obstruction where debris.could hang up and plug the pipe. It appeared imprac- tical to lower the sewer; therefore, the solution recommended. by Mr. Romero involved changing the grade of the storm drain to pass underneath the sewer lateral. Mr. Romero explained that the installation of two trash racks at the entrance of this pipe had greatly reduced.the hazard of large debris entering the pipe and creating an obstruction: Mrs. Livina Boriack, 172.No* Broad Street, appeared before the Council stating ' the sewer had been installed on her property in the.middle.1930's and no changes had been made in the sewer since that time. She felt that as the drainage culvert was placed after the sewer was installed, the cost of the improvements required by the City far out - weighed the benefits to her property or to adjacent properties. She urged the City Council to take no action in this improve- ment until the large Bressi property-up-stream had..been.developed which would require a larger storm drain to handle water from the development. She suggested improvements be made at that time. She questioned the City's approval of the culvert at the time it was installed. City Council Minutes October 19, 1970 Page 4 Councilman Blake asked if she would be willing to assume any liability for damages caused by this obstruction. Mayor Schwartz explained the City's worry regarding liability caused by the 1969 floods. Councilman Spring asked who was liable for the flood water from the Bressi property that did not enter the Boriack culvert. He felt that the property owner had helped the situation by putting curbs.and gutters on Broad Street ' which channelled storm water sheeting across the street. Councilman Graham agreed that sidewalks, curbs and gutters had helped the water problem on this portion of Broad Street. Mrs. Boriack informed the City Council that no where on her property deed was an easement for sewer or for drainage through her property. H. Johnson, City Attorney, explained legal liability of a drainage easement even though not of record. D. F. Romero, City Engineer, explained that some benefit to drainage on Broad Street had been made by-the installation of curbs, gutters and side- walks and.by the installation of two trash racks in the drain to collect large trash. H. Johnson, City Attorney, stated through.the installation of and maintenance of trash racks in the drain the City had assumed some responsibility in maintaining the structure. Councilman Miller felt that through improvements made.by the property.owner and the City that some action had been taken to ease the flooding problem in this area and felt that the City should wait until the open areas above Broad Street were improved before doing anything to this obstruction. Councilman Graham agreed with Councilman Miller's comments. Councilman Spring also agreed and felt that major improvements to the drain should await other development in the area. Councilman Blake felt that the City must recognize that an obstruction existed in the structure and that existing improvements would not eliminate the storm problem but he felt that if improvements made by the property owner had helped the problem he would go along with the solution until the Bressi property was developed. Mayor Schwartz felt that the curb, gutter and sidewalk improvements made by the property owner and the trash racks installed by the City in the culvert would help the problem. He asked the City Council to recognize some liability during storm.problems.. On motion of Councilman Spring, seconded. by Councilman Graham, that in view of improvements by the property owner and the City at 172 N. Broad Street. that the City not require drainage improvements at this time. Motion carried. 6. At this time, the City Council held a public hearing on Resolution 2090, 1970 Series. A resolution requiring sidewalk improvements on portions of various streets in the City of San Luis Obispo. D. F. Romero, City Engineer, presented sketches showing properties involved and the work to be accomplished for each property. Mayor Schwartz declared the.public. hearing open. No one appeared before the City Council for or against the resolution. On motion of Councilman Blake, seconded by Councilman.Sprinq, the following resolution was introduced. RESOLUTION NO. 2113, a resolution determining that public convenience and necessity require construction of certian im- provements on a portion of Archer Street. City Council Minutes October 19, 1970 Page 5 Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None ' Mayor Schwartz continued the public hearing for improvements on Santa Barbara Street, Leff to .Church Street. No one appeared before the City Council for or against the improvements. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2114, a resolution determining that public convenience and necessity require construction of certain im- provements on a portion of Santa Barbara Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q:. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 5. The City Council considered the petition of property owners and lessees on Monterey Street protesting the placement of street trees in front of their places of business (thirty -three signers), a continuation of the downtown street tree program. R. D. Young, Planning Director, explained methods used by the City's Design Review Board and Planning staff for placing trees on Monterey Street. Pat Gerety, Planning Assistant, keeping in mind the location of spaces and the relation of tree He continued that the trees whe below eight (8) feet except the blocking of windows. The trees with signs. explained that the tree locations.were picked underground utilities, the location of parking locations with business signs and show windows. i fully matured would have no branches or leaves thickness of the trunk and would cause no would be maintained and should not interfere Fred Gist, 1233 Monterey, objected to the installation of trees in front of his property (1232 -1244 Monterey) as he felt that the trees as planned would hinder motorists from viewing the wares displayed in .the show windows which he felt would hurt business. He also felt that as there were a number of storm drains under the sidewalk on his property which were placed there by at great expense, the trees would block off the drains. He felt that the trees would serve no useful purpose in a business district and would hurt rather than enhance business. Jim Kimball, 1100 block of Monterey, stated that he would not object to the tree planting program as such but did object to the way the Locations were ' picked in front of his property as each tree would be placed so it covered a sign on his property. He felt this was done by intention of the City and he resented this action. Mel Hahn, Don Motel, stated he signed the petition because he was never con- tacted by the City as to his feelings about the best loctions for the trees. Elmore Reynolds, 1239 Monterey, objected to the installation of a street tree in front of his business as he was sure the tree would cover the show window of his store and would hurt his business. City Council Minutes October 19, 1970 Page 6 Ron Dunin, 1575 Monterey, stated he would like the City to place trees in front of his place of business but would like to have the City discuss with him the location of the trees. He felt the prob.lem that evoked the protest by the property owners and businessmen was a lack of communication between the property owners /lessees and the City staff. Rod Levine, Chairman of the Design Review Board, stated that he had talked to several property owners and renters on Monterey Street si.nce the protest was filed and felt that the City Council should proceed with the instal- ' lation of the trees. He felt they would be an asset to the City, the environment and the business community so the City should move ahead with the planting. Bob Barrows, 870 Meinecke Street, felt that the City Council should not place trees in front of properties where the property owners objected and only place trees where the people wished them. John Boriack, 1137 Higuera, felt that trees planted in sidewalks were a detriment to people using the sidewalk and also covered expensive signs advertising business. Pat Gerety, Planning Assistant, stated that the trees after growth would be kept trimmed to hold them to a nice shape and there was no intention of the City to interfere with drains. The locations were chosen with no in- tention of covering signs and no trees were to be placed in front of show windows of the businesses. He then listed the types of trees that were planned for planting on Monterey which would be clean and would not cause the property owners any extra work. Councilman Spring stated he objected to the City planting trees in the sidewalks that dropped fruit or buds which would be crushed and stain the sidewalks. Councilman Graham asked why property owners and lessees were not contacted ' regarding the planting of street trees on Monterey. The staff answered that they felt there was enough publicity in the news- paper and on the radio regarding bids and specifications to make it un- necessary to contact the individual owners or lessees. Clay Davidson, 669 Higuera Street, felt that the major drawback to the City street tree program was the lack.of maintenance or care of trees by the City. He continued.that while he liked the street trees and they did add to the downtown atmosphere, he felt that the City.Council should seriously consider an adequate maintenance program before installing additional street trees in the City. Councilman Spring felt that the City Council was wrong in not contacting the property owners regarding the location of the street trees and he hoped that in the future, the Council would hold public hearings on. street tree plantings. He continued that in this instance, he would support the property owners in their protest to the plantings. Councilman Blake felt that the tree program was a good one which.would enhance the City living environment and he further felt it would help rather than hinder adjacent businesses. Councilman Miller regretted that the property owners had not been contacted in this matter and felt that it would be done in the future in an attempt to get the property owners' and lessees' cooperation. He felt.the program was a good one and hoped that the City Council would move ahead with the program even though a protest had been received. Councilman Graham felt that the tree program was a good one and would help business in San Luis Obispo but felt that the objection of the property owners should be considered and the City staff should now contact each property owner to enlist his support and cooperation in finding a good location for each tree. He felt the program should move ahead. City Counci -I Minutes October 19, 1970 Page 7 Mayor Schwartz agreed with the comments.that the property owners and lessees had not been contacted on the placement of the trees and felt that the criti- cism was justified. He also felt that the public should realize that the City Council held a number of meetings on the capital improvement program and sufficient notice had been given the public of the City Council's intention to move ahead in this field. He. continued that he personally resented the implication.that the City staff had placed trees in.locations that would hide signs as he.was sure this was not the case and only the best locations depending on drainage pipe lines, etc. He also felt that the planting of street . trees enhanced the quality of living in the community and he hoped that the City.Council would push ahead with the program. He thought the City staff should contact the property owners and lessees in the two block area of Monterey to try and work out the best tree locations with them. Councilman Spring moved that the City not place street trees in front of properties where the property owner objected. Motton died for lack of a second. On motion of Councilman Graham, seconded by.Councilman Miller, that the City move ahead with the street tree program on Monterey Street.with the City staff to consult with the property owners on the exact location of street trees in the 1100 and 1200. block of Monterey Street. Motion carried with Councilman Spring voting no. 7: The City Council continued the public.hearing from October 5,.1970 on objections and protests to the 1970 . Weed Abatement Program. L. Schlobohm, Fire Chief, stated he had again reviewed the protest of Andrew G. Merriam and upon.investigation he recommended to the City Council that the.protest be.upheld and that the charges to.Mr. Merriam be cancelled. On motion of Councilman Graham, seconded by Councilman.Blake, the protest was upheld and the charge was cancelled. .Motion carried. 8. At thi.s time the City Council held a public hearing on the appeal of Jiffy Food Stores and Chester Jost from the denial by the Planning Commi?ssion of.the requested use permit for a convenience food store and two gasoline dispensing units at 2600 Broad Street. R. D. Young, Planning Director, presented the recommendation of.the Planning Commission as follows.: The development would be put in in accordance.with the submitted plot plan including landscaping, access, fencing, etc., but that the.two gasoline pumps be deleted. It.was the feeling of the Planning Commission that despite the.:�fact that the gasoline.pumps would be incidental to the market, there were °s.ufficient service stations available in.the . vicinity and the demand for additional dispensing units was negligible and further, the units on this property would not be attendant operated. The Commission had received a communication from the Fire Department questioning the safety aspects of the operation without an attendant. The plot. plan would not'meet the criteria for a service station site. Mayor Schwartz declared the.public hearing open. Richard.Warner, President o Jiffy Food Stores, Inc., stated he and his . organization .felt that the self- service gasoline dispensing units were an important part of their store operation and were an integral part of their sales program. He stated the operation was safe, met all fire and building codes and standards.and gasoline could be sold at less cost than conventional service stations. He continued whi'le it was a self= service operation, it was constantly under surveillance by an attendant in the adjacent food store. Mr. Warner continued that they did not set] t.ires, batteries, or service automobiles. He requested that the City Council approve the appeal and allow two gasoline pumps at the location in San Luis Obispo. He then pre- sented examples-of where this combination food store - gasoline service unit was located in'California and other western states. L. Schlobohm, Fire Chief, asked if the operation qualified under the atten- dant services required in the fire codes. City Council Minutes October 19, 1970 Page 8 Mr. Warner answered that the State Fire Marshal had approved .250 of these installations in the State of California. No one else appeared before the City.Council for or against the appeal. Mayor Schwartz declared the public hearing closed. Councilman Miller stated he'would s'u'pport the appeal as he felt the con- venience food center with reasonably priced gasoline would be a help to the poor people living in the area. Councilman Spring was opposed to the entire operation of dispen.sing.gasoline without an attendant for safety's sake. He further felt that a customer should be able to receive additional services for a motor vehicle. Councilman.Blake questioned the need of additional service stations in this area of town as there were service station buildings standing vacant at the present time. Councilman Graham stated he did not feel it was a service station per-se and felt it would be an asset to the neighborhood if gasoline could be purchased at a savings. He felt the proposal was an up- dating of an old concept of convenience for purchasing of gasoline at grocery stores. Councilman.Sprinq was,still opposed .due to the. hazard and possibility of fire. On motion of Councilman Spring, seconded by Mayor Schwartz, that the appeal be denied and that the City Council support the decision of the Planning Commission. Motion carried with Councilmen Miller and Graham voting no. 9. Clay Davidson, Chairman of the ad hoc Central Business District Parking Committee, presented the second report to the City Council on the committee's studies and investigations. He stated the first report (September 21, 1970) reviewed employer - employee parking on central business district streets, made specific street parking recommendations and recommended development of the City -owned property at Higuera and Nipomo Streets into a parking lot. The second report included studies and.surveys in an attempt to determine customer reaction to the present metered parking system on City streets and City -owned parking lots. The Committee. offered in lieu of the present system, a validation system. where City parking lots would be.subs.idized by the businesses. He continued that.of the questionaires mailed out to'business establishments in the downtown area., 40% were returned.with the majority feeling that the present parking system was adequate and the businesses. did not wish to participate with the City in any parking program. He con- cluded that the Committee was working on its third and final area of study which was the evaluation of progress being made in solving the problem of employer- employee parking in the downtown area. The City .Council thanked Mr. Davidson for the report an.d.the. work involved in its preparation. 10. Communication from Niele Lincoln requesting a variance from the City Council to build a fence at. the back of the sidewalk -on his property at 1760 Jam! Lee Court. He explained that the City Planning Commission, upon request of the Board of Adjustments, had approved a fence at the property line but that this left an area at the back of the sidewalk of three feet which he felt would..be d.ifficult.to ma.inta.1n. Due to the topography of the property.it would be better for the City and for him if the fence could be placed at the rear of the sidewalk. D. F.. Romero, City Engineer,. re.porte.d that the Board of Adjustments recom- mended this action to the City Council and the Planning Commission but only the City Council could grant this variance. On motion of Councilman Graham, seconded by Councilman Miller, that the variance be granted to allow the fence at the rear of the sidewalk. Motion carried. City Council Minutes October 19, 1970 Page 9 11. L. Schlobohm, Fire Chief, presented a report on the scope of the work which would be required in connection with .the.proposed.remodell.ing of. Fire Station #1 including the former Police building. He listed the work which should be accomplished to bri:ng the building to standard. On motion of Councilman Miller, seconded by Councilman Graham, that the Council committee of Councilmen Blake and Graham be authorized to proceed with the selection of an architect for preparation of the plans and speci- fications for the Fire Station remodelling. 12. Communication from Thomas G. Smith, Chairman of the Promotional Coordin- ating Committee, recommending that the City Council approve the request of the Chamber of Commerce for the City to pay the full cost of $2,719.35 for the 1970 Christmas lighting contract. He continued that for their part, the Chamber,of Commerce through the merchants would spend approximately the same amount on other Christmas programs such as decorating their buildings, Santa's House, Santa, etc. He continued that it:was the consensus of.the Committee that the definition of promotion included promotion which improved the quality of life in San Luis Obispo. In line with that thinking and the belief that the majority of the people of San Luis Obispo wanted their community decorated for Christmas, the committee recommended this expenditure. Councilman Blake questioned the figures presented by the Chamber. of Commerce f.or.their proposed portion of Christmas decoration and further did not feel that Christmas decorations were a legitimate expenditure of promotional funds. He continued that he felt he could agree with the committee's recommendation to decorate the entrances to the City but did not feel that promotional funds should be used downtown. Councilman Miller questioned the expenditure of City funds for Christmas decorations. as he felt the City Could spend its money more wisely if. it spent the money to give the poor people of the City a free meal. He also questioned the need of spending public funds to decorate the business district.. He felt no public funds should be spent to support private business and he would object to spending any funds on this program. Tom Smith explained that, the - Promotional Committee felt Christmas decorations would add to the enjoyment of all the citizens of the community. Councilman Graham felt that Christmas decoration would benefit not only the citizens of the community but also people who visited San Luis Obispo to shop. He felt that the recommendation from the committee was excellent and stated he would support the request. Councilman Spring felt that if the City spent funds to decorate the downtown area it was also obligated to decorate the shopping center areas and he would support Councilman Blake's suggestion that the City pay only to decorate the main entrances to the City. Bob Corcoran, President of the Downtown Association., felt the City could legally decorate downtown City streets but could not or should not go onto private shopping center property and spend public.funds for decorations. He continued that if the City .would pick up the cost of decorating the City streets, then the merchants could spend their funds to decorate their buildings. R. Dunin, President of the Motel -Hotel Association, stated his organization supported the recommendation of the decoration of the City. He continued that the City should participate in the decorating program particularly at the entrances to the City and Mission Plaza for the enjoyment of the citizens and visitors in the community. Mayor Schwartz stated he would not object to the City participating in the decorating program but wondered where the decorations should go. He continued that it was his understanding that the business community would not raise funds to continue a decorating program in downtown San Luis Obispo. He also agreed with the Promotional Committee's recommendation for 1970 and felt the program should be reviewed for future years. He fel.t.the City Council should accept the proposal on faith that the business community would .decorate their premises on a matching fund basis. City Council Minutes October 19, 1970 Page 10 Councilman Blake felt the City was always being asked to bail out the downtown businessmen for Christmas decoration and each time the City helped them, the next year the business community contributed less and less. He felt it was unfair to continue asking the City for funds for this program. Councilman Miller felt there were other needs in. the community more important than Christmas decorations. Councilman Miller moved that the City Council deny the request for $2,729.35. The motion died for lack of a second. Councilman Blake suggested that the City look into the decorating of entrances to the City and thought they should consider an annual contract. He offered to meet with the decorating company of the Chamber of Commerce to. work out a contract to decorate the.entrances to the City. Councilman Graham moved that the City Council accept the recommendation to take over the Christmas lighting program for 1970 in the amount of $2,729.35. Motion died for lack of a second. On motion of Councilman Blake, seconded by Councilman Spring, that the City grant $750 to the Chamber of Commerce decorating budget. Motion carried on the following roll call vote AYES: Emmons Blake, Arthur F. Spring, Kenneth E. Schwartz NOES: Myron Graham, Donald Q. Miller ABSENT: None On motion of Mayor Schwartz, seconded by Councilman Spring, that the City Council appoint a two - member committee to meet with the Chamber of Commerce and.Promotional Coordinating.Committee as to location and need for the City to take further action on Christmas decorations. Motion carried on the following roll call vote: AYES: Emmons Blake, Arthur F. Spring; Kenneth E. Schwartz NOES: Myron Graham, Donald Q. Miller ABSENT: None Mayor Schwartz appointed Councilmen Spring and Graham as to meet with the Chamber of Commerce on the decorations. 13. Councilman Blake brought to the Council's attention the City Council's reconsideration of the planned develo and Associates for a service station and office-building and Santa Rosa.Street as he felt that new facts had been felt that this proposal fit the needs of the community. the Council committee the possibility of Dment of Crandell at Foothill Blvd. brought out and It was the consensus of the City Council that if Mr. Crandell wished to reintrod.uce his proposal, he would receive a fair hearing.' 14.. At this time, the City Council again considered the proposed ordinance prohibiting excessive noise in the City. Mayor Schwartz revi,ewed.for the Council the events leading up to the consider - ation..of this ordinance. The Citizens Advisory Committee had reviewed.the ordinance and had recommended revisions and he felt the City Council should now decide to.proceed with its adoption or just receive and file the recommendation. Communication from the Associated Students, Inc., C6I Poly, stating that the Student Affairs Council had looked into the proposed .anti -noise ordinance and felt that the City Council was attempting to pass an.ordinance to control a few individuals who cause noise.. It was the feeling of the Council that the City Council should not add any further laws to the City books as they felt sufficient laws already existed to handle the problem. Should the City Council adopt such an ordinance, they recommended that the quiet hours be set from 12:00 midnight to 7:00 A.M. as a 10:00 P.M. quiet time was too early. City Council Minutes October 19, 1970 Page 11 Paul D. Banke; ASI President., appeared before the City Council on behalf of the Student Affairs Council, a body. which. represents the 12,000 plus students at Cal Poly. He stated that the majority of the students were opposed to the enactment of the anti -noise ordinance under consideration. He continued that it was the impression of the students that the ordinance was being directed against the students at Cal Poly, Cuesta College and San Luis High School. He did not feel there had.been a tremendous increase in the noise this year but pointed out that due to the housing shortage existing in San Luis Obispo, many students were now living in' residential neighborhoods and must travel these areas to and from school and-for economy, many students were using motorcycles and motor bikes for transportation which annoyed other residents of the area. Burt Townsend, 383 Buchon, stated he supported a strong anti -noise ordinance as he felt San Luis Obispo is an extremely noisy city and violations should be controlled. He urged the adoption of an extremely strong ordinance that could be easily enforced by the City Police. Ron Dunin, President of the Motel -Hotel Association, stated that. his organ- ization requested and supported a strong anti -noise ordinance in the City only if it were enforceable because just adding.another ordinance without enforcement was a waste of time for the City Council and the people. He continued that the most common complaint received from patrons of the motel - hotel industry was the extreme noise caused by motorcycles and automobiles travelling up and down motel row at all hours of the day and night. He felt it was not only the noise caused by the vehicles but the speed of the cars racing up and down Marsh and Monterey Streets. He hoped the. City Council would adopt an enforceable ordinance for the City. Mayor Schwartz stated he did not feel the City Council was considering an ordinance against the students at Cal Poly when they began consideration of this ordinance but excessive noise was a real problem within the City and an enforceable ordinance did not exist against noise in the City. He suggested that the ordinance be introduced, passed to print, and be published in the newspaper so everyone would have an opportunity to read it and then a public hearing should'be held: On motion of Mayor Schwartz, seconded by Councilman Graham, the following ordinance was introduced and passed to print. ORDINANCE NO. 505, an ordinance prohibiting excessive noise. Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring Kenneth E. Schwartz NOES: Donald Q. Miller ABSENT: None 15. At this time the City Council considered adoption of a resolution endorsing Proposition No. 18 on the November 3 ballot. Communication from the League of Women Voters urging that the City Council support Proposition No. 18 as a measure that would release funds for air pollution control and rapid transit at a time when the problem of smog was reaching critical proportions. ' Communication from the League of California Cities informing the City Council that the Board of Officers and Directors of the League had gone on record supporting Proposition 18 as a means of aiding counties with their rapid transit problems. On motion of Councilman Miller, seconded by Mayor Schwartz, a resolution supporting Proposition 18 was introduced but failed to pass on the following roll call vote: AYES: Donald Q. Miller, Kenneth E. Schwartz NOES: Emmons Blake, Myron Graham, Arthur F. Spring ABSENT: None City Council Minutes October 19, 1970 Page 12 On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2112, a'-resolution opposing Proposition 18. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring NOES: Donald Q. Miller, Kenneth E. Schwartz ABSENT: None 16. D. F. Romero, City Engineer, requested that the plans for correction of - drainage at the Stan Cole property, 1041 Higuera, be continued as he had been unable to contact Mr. Cole to discuss the plans. 17. On motion of Councilman Blake, seconded by Councilman Spring, sick leave for Les Tanore, janitor at the Recreation Department was approved for the period of October 16 through 31, 1970. 18. Communication from Gerald Mason, attorney.for.Robert L. Leitcher,.request- ing that the City Council grant a thirty -day extension to the order to abate a drainage channel obstruction on the Leitcher property in San Luis Obispo. It was the consensus of the.Council that the matter be continued for thirty days. 19. The City Council adjourned to executive session to discuss property acquisition invilving possible litigation. 20. On motion of Councilman Blake, seconded by Councilman Graham, the meeting was adjourned. APPROVED: December 21, 1970 Fi rick, City Clerk C n