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HomeMy WebLinkAbout12/03/1973I L _J 14 1 NUT ES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, December 3, 1973 - 7:00 P.M. City Hall Pledge P,o I I Ca I I PRESENT ABSENT Citv Staff: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz None PRESENT: J. H. Fitzpatrick, City Cl!&k; R. D. Miller, Administrative Officer; A. J. Shaw, Jr., City Attorney; R. A. Paul, Water Department Director; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; Lee Schlobohm, Fire Chief; R. D. Young, Planning and Building Director; William Flory, Park and Recreation Director. C -l. Claims against the Citv of San Luis Obispo for November were authorized payment subject to approval by Administrative Officer. C -2. City Council minutes of August 14, September 17, October 10, and October 15, 1973 were ordered approved. C -3. Memorandum from R. A. Paul, Water Department Director, request- ing the City Council to extend the contract duration of San Luis Obispo 24 inch transmission main relocation at Brizziolari Creek Crossing to November 26, 1973 was approved. C -4. The City Council approved the communication from John Nettleshio regarding recommendations for priorities in scheduling the San Luis Obispo baseball stadium for the 1974 season at Sinsheimer Park. C -5. Memorandum from the Planning Director regarding Creekside Park occuDancv was referred to the Planning Commission. C -6. The City Council accepted and authorized the Mayor to record a grant deed for street widening on Sweeney Alley from Howard Caccia and Marianne Caccia. C -7. Memorandum from the Planning Director regarding the Planning Commission's decision on an E.I.R. for Los Osos Valley 8 Lower Hiquera water system improvements was received and filed and the staff was directed to file a negative declaration with the County Clerk. C -8. Communication from George L. Humphrey, Department of Health, Veterinary Section, redeclaring six counties as a rabies area (San Luis Obispo named as one of these counties), and submitting a "Statement of Enforcement" to be completed and sent to the County Health Officer. was received and filed, and staff was authorized to file the statement. C -9. Claim against the City of San Luis Obispo by Charles Gualt for damages for business shut down was denied and the claim was referred to the insurance carrier. C -10. Claim against the City of San Luis Obispo by Hugh Seifert for damage done when water backed out of shower onto the carpet (1143 Woodside Drive), was denied and the claim was referred to the insurance carrier. City Council Minutes December 3, 1973 Page 2 C -11. Claim against the City of San Luis Obispo by Francis Simoreau for damage done when sewer plugged below 1130 Woodside Drive was denied and the claim was referred to the insurance carrier. C -12. Administrative Officer announced the appointment of Bernadette Ries to Account Clerk I starting at Step 1 or $506 per month, effective December 1, 1973 subject to one year's probationary. period. C -13. The City Council approved the request from R. A. Paul, Water Department Director, for an extension of the contract duration for SOUTH BROAD STREET (EDNA ROAD) EXTEND . . . WATER LINES - WATER ALTERNATE B from November 15, 1973 to December 15, 1973. C -14. Motion by Councilman Norris, seconded by Councilman Gurnee that the City Council grant the 1974 Mozart Festival $4,000 from promotional funds. C -15. Memorandum from R. A. Paul, Water Department Director, regarding the proposed improvement of the Serrano Drive-and-Serrano Heights water main for fire protection was continued to December 17, 1973, at which time the property owners would be asked to give the Council their views on the water line improvement. C -16. Communication from the Department of Transportat,i•on regarding the Council's action by Resolution No. 2521, Flood Hazards caused by State Highway structures was ordered received and filed. C -16A. Communication from State Senator Grunsky regarding Resolution No. 2521 was ordered received and filed. C -17. Communcation from William Sullivan requesting a hearing for , parking permits for residents living in the downtown area was referred to the Traffic Committee for analysis and report before setting for public hearing. C -18. Communication from George E. Hoffman requesting sewer service for the Hidden Hills Mobilodge located on Tank Farm Road was continued to December 17, 1973, and referred to staff for an evaluation report. C -19. Request from Clell W. Whelchel to establish a Lions Memorial Grove in Laguna Lake Park, and letter from Park and Recreation Depart- ment regarding this request from the Lions Club was approved in principle and continued until receipt of specific proposal. C -20. Request from Mobil Oil Corporation and Union Oil Company for an extension of time for the placement of tanks from December 1, 1973 to April 15, 1974 was approved. C -21. On motion of Councilman Gurnee, seconded by Councilman Graham an ordinance was introduced authorizing the sale of surplus property to Elton Hall. ORDINANCE NO. 601, an ordinance authorizing the sale of surplus property situated between Foothill Boulevard and Del Norte Way. Passed to print on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES: None ABSENT: None City Council Minutes December 3, 1973 Page 3 C -22. Request from Mrs. LaVerne Schneider that the City Council again endorse the living Christmas tree program for San Luis Obispo was approved. C -23. On motion of Councilman Graham, seconded by Councilman Brown the Mayor was authorized to communicate with Board of Supervisors on appointment of Ad Hoc Committee representing the City of San Luis Obispo to the Advisory Committee of the Zone 9 Flood Control Zone to include Mayor Schwartz, John Brown, Dave Williamson, A. J. Shaw, and .D.F. Romero. Motion Carried. C -24. Upon receipt of the communication from Joseph V. De Young, P.G.& E., requesting voluntary reduction in electric usage, the Mayor was authorized to appoint an Ad Hoc Committee to make recommendations to conserve energy. The Committee would consist of one representative of Southern California Gas Company, one representative of the Chamber of Commerce, one representative from Cal Poly plus two citizens at large (women). CONTRACT PAY ESTIMATES The following contract pay estimates were approved for payment: R. Burke Est. #4 S 6,090.52 CREEK OBSTRUCTION REMOVAL #5 FINAL 5,393.26 C.P. #6 -73 Greenearth Landscape Est. #2 1,103.50 REVISION TO PLANTER, #3 198.76 PARKING LOT #1 C.C.O. #1 126.00 C.P. #8 -74 Lopez Sewer Contractors Est. #1 10,886.09 SANITARY SEWER, FORCE MAIN #2 FINAL 1,209.57 C.P. #8 -73 Conco Engineers Est. #1 4,182.66 N. BROAD ST. DRAINAGE C.P. #11 -74 Madonna Const. Est. #1 8,307.00 PREFUMO CHANNEL CULVERT MOD. C.P. #15 -74 Walter Bros. Const. Est. , #2 13,871.25 PREFUMO CHANNEL MODIFICATIONS C.P. #7 -74 Diani Construction Est. #2 2,096.10 LOCAL ST. RESURFACING #3 FINAL 2,450.90 C.P. #6 -74 Lee Wilson Electric Est. #5 314.17 TRAFFIC SIGNALS -SAN LUIS DR. #6 FINAL 2,747.19 AT CALIFORNIA BLVD. C.C.O. #1 81.90 R. Burke Const. Est. #2 1,498.50 TASSAJARA CULVERT RECONST. C.F. #1 -74 Walter Bros. Est. #4 16,299.90 MADONNA ROAD CULVERT C.P. #23 -73 City Council Minutes December 3, 1973 Page 4 R. Baker Const. Co. Est. #3 $ 1,000.80 LAWTON ST. BETWEEN MITCHELL FINAL 4,152.41 DR. AND SOUTH ST. C.P. #W73 -2, Sch. V R. Baker Const. Est. #2 7,047.00 24" TRANSMISSION MAIN FINAL 3,020.98 RELOCATION @ BRIZZIOLARI C.C.G. #Water 3 (- )65:00 C.P. #W73 -1 Chas. A. Pratt Const. Est. #4 30,020.54 HIGUEP.A -LOS OSOS RD. EXTEND #4A 6,350.20 SEWER, ETC. C.P. #27 -73 Fred Julien & Assoc. S. BROAD ST. WATER & SEWER EXTENSION C.P. #10 -74 Est. #2 Alt. A -sewer 24.98 #2 Alt. B -water 4,733.85 On motion of Councilman Gurnee, seconded by Councilman Graham the consent items were approved as indicated. Motion carried. B -1. City Clerk reported on bids received for EDN,A SADDLE, 4 M.G. Steel Reservoir, City Plan No. W73 -7. Bids were opened November 27, 1974 at 1:30 P.M. The following bids were received: ALTERNATE II - For 4.0 million gallon steel reservoir and appurtenances within (Contractor to specify) calendar days of contract award (bidder to specify construction schedule). PACIFIC ERECTORS CORP. $323,926.00 in 450 calendar days PITTSBURG-DES MOINES STEEL CO. $338,700.00 in 455 calendar days ADDITIVE ALTERNATE B - For cathodic Protection System complete • in place, within (Contractor to specify) calendar days of contract award (bidder to specify construction schedule.) PACIFIC ERECTORS CORP. $6,500.00 in 475 calendar days PITTSBURG-DES MOINES STEEL CO. $6,800.00 in 475 calendar days B IA. Memo from R.A. Paul, Water Department Director, recommending that the low bid of Pacific Erectors Corp. be accepted. On motion of Councilman Graham, seconded by Councilman Gurnee that the City Council accept the low bid of Pacific Erectors Corp. of $323,926 for Alternate II plus $6,500 for Additive Alternate E. I TRAFFIC COMMITTEE ITEMS TC -I. Traffic Committee Report of December 3, 1973.. 73 -12 -1T We have considered a request for a street light at the end of Hillcrest Place which is a dead end street at its westerly terminus and feel that it is necessary. We recommend that the--.City Engineer be authorized to order its installation. City Council Minutes December 3, 1973 Page 4 73- 1 ? -4C The Traffic Committee has considered staff recommendations on bus loading zones which vary only slightly from previously suggested locations, pre- sented by the Mass Transportation Committee. They are summarized in the attached staff report. We recommend that these locations be approved and implemented when needed. 73 -12 -5T With the expansion of City staff, a shortage of employee parking has been noted in the City Hall parking lot. There are currently seventeen spaces provided for public half hour parking, ten for official cars and twenty -one for all day City employee parking. It has been suggested that we increase the number of employee spaces by six by re- designating the six northwesterly angle spaces alongside the phone company building as employee spaces rather than public spaces. We feel, that with appropriate enforcement, this should not work a hardship on persons visiting the City Hall under normal cir- cumstances. We recommend that this change be made. On motion of Councilman Gurnee, seconded by Councilman Graham, Traffic Committee recommendations No. 73 -12 -1T and 73 -12 -4C were accepted. Motion carried. 73 -12 -2T We have received a request from the City Housing Authority for restor- ation of passenger loading zones at the entrances to the Anderson Hotel on Morro and Monterey Streets. Since Morro is such a narrow ' street, we would like to provide a loading zone on Monterey Street only and see whether or not this will be sufficient. It will be some time before the senior citizens facility will open, and we suggest that the passenger loading zone not be installed until that time. It will require removal of two 36 minute parking meter spaces, and load- ing zone on Morro Street. 73 -12 -3T The City Engineer has noted a point of traffic congestion for east- bound motorists on Montalban entering Santa Rosa. This is aggravated by customers leaving the Taco Bell Restaurant via the driveway enter- ing Montalban. Mr. Romero suggests that two red spaces be painted on the south side of Montalban just west of the first driveway ramp leading into the service station at the corner of Montalban and Santa Rosa. This would provide two lanes of traffic entering Santa Rosa, one for left hand turns and straight ahead and the right hand lane for right hand turning movements. We recommend approval. On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced: RESOLUTION NO. 2533, a resolution rescinding a loading zone on Morro Street and Establishing a Loading ,one on Monterey Street; restricting parking on Montalban Street; and establishing bus loading zones throughout the community. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris NOES: Mayor Schwartz ABSENT: None City Council Minutes December 3, 1973 Page 5 73 -12 -6T The Traffic Committee has reconsidered its decision to hold regular meetings the last Tuesday of the month since in some cases this falls the morning after a special Council meeting. We have decided to change this until the last Wednesday with the exception of December, since this would be the day after Christmas. The City Council took no action of this item, as it was for information only. 1. At this time, the City Council considered the final adoption of Ordinance No. 600 (1973 Series). An ordinance of the Citv of San Luis Obispo establishing an Architectural Review Commission and estab- lishing the duties thereof. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed Ordinance. Mayor Schwartz declared the public hearing closed. Councilman Norris stated that he was opposed to the initiating of an Architectural Review Commission for the City of San Luis Obispo unless broader qualifications were specified for the members of the Architect- ural Peview Commission to allow more participation or at least some participation from the business community, industry, and the construc- tion and contracting business. On motion of Councilman Gurnee, seconded by Councilman Graham the ' ordinance was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: Councilman Norris ABSENT: None The City Clerk was instructed to advertise for applications for the Architectural Review Commission. The Mayor appointed Councilman Brown and Councilman Graham as the Council's representatives to the selection committee for members to the Architectural Review Commission. 2A. On motion of Councilman Brown, seconded by Councilman Gurnee the following property owners with priority no. 1 channel obstructions would be notified to clean the obstructions and the staff was to cooperate in their removal. Bosier 1780 San Luis Dr. dead limb Noggle, J.L. 211 Chorro St. dead tree Sousa, M.J. 165 Chorro St. bridge Tropicana Housing 55 Broad St. bridge, fence, channel, etc. Valley Vista Land Co. 255 Elks Lane slope protection for two trees Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris, and Mayor Schwartz NOES: None ABSENT: None City Council Minutes December 3, 1973 Page 6 2B. The minutes of the Waterways Planning Board meetings of November 1 and 11, 1973 and a request from the Waterways Planning Board for Council action on the following three items was considered by the City Council. 1. The Board reaffirmed its previous recommendation that the City pay for abatement of trees and other natural growth in waterways, and further recommended that the City Council adopt this recommendation and set up procedures reimbursing those who had already removed posted obstructions. Councilman Gurnee stated that he was i6 support of this proposal as he did not feel it was equitable for property owners to be required to remove natural obstructions over which they had no control. Councilman Norris stated he was also in support as he felt it was only fair that the City remove the natural obstructions in the water- ways at the taxpayers' expense. Councilman Brown stated that he felt the property owners should be required and they were responsible to keep waterways open and clear their property. Councilman Graham stated he was in support of the City paying to clear natural obstruction within the City's waterways. Mayor Schwartz stated he felt that the property owners should pay to clear obstructions to the natural waterways on their property. On motion of Councilman Norris, seconded by Councilman Gurnee that the City adopt the recommendation of the Waterways Planning Board as a ' Council 'policy for the City to pay for the cost of removing natural obstructions in waterways and also to reimburse cost to property owners who had removed obstructions at.the request of the City in the past, subject to verification of costs. This retroactive cost to only recog- nize the storm of 1973. Motion carried on the following roll call vote: AYES: Councilmen Graham, Gurnee and Norris NOES: Councilman Brown and Mayor Schwartz ABSENT: None 2. The Board recommended on application #047 - Russell Bullock, for the City Council to take action on the request for construction of a residence within 20 feet of the top of bank at Laguna Lake. Mr. Russell Bullock appeared before the City Council -on behalf of his-re- quest. He 'stated that he planned to buildi,in the 1300 "block of Oceanaire. It was one of the only two lots left on the Laguna Lake waterfront and he wished to build to the rear of the lot so that the natural cover could be left without lawn, concrete, etc. He stated that he -has discussed this request with his neighbors and they were in complete agreement with the 10 foot set -back being requested by Mr. Bulhlock. He stated that in the event of future flood, the location of the house on the lot would make no difference. The waterfront would still be ' the same as the level in the lake. He concluded his remarks by saying that many of the homes on the lake conformed to no set -back pattern, some of which were closer than the 10 feet that he was requesting and naturally some were further back. D. F. Romero, City Engineer, stated that he felt that the building could be constructed as requested by the property owner without any future flood problem as long as the foundation was raised to clear a flood equivalent to that of January 1973. A.J. Shaw, City Attorney, commented to the City Council on the provisions of Resolution 2436, as amended dealing with the 20 foot set -back along restricted waterways. City Council Minutes December 3, 1973 Page 7 The City Council then discussed the Bullock appeal in view of Water- ways Planning Board action and the engineer's recommendation. On motion of Councilman Norris, seconded by Councilman Graham that the City grant the appeal and allow construction on the Russell Bullock property as per plot plan submitted. Motion carried. AYES: Councilmen Graham, Gurnee, Norris and Mayor I Schwart- NOES: Councilman Brown ABSENT: None 3. The request of Dave Ritchie, application #049 to place a small amount of fill in the natural waterway at 1633 Santa Rosa, required Council action as the prohibition did not apply to: private objects specifically approved by the City Council for the construc- tion of retaining walls, bridges, culverts, and similar public works type structures. The Waterways Planning Board would approve the request with the condition that the rubble concrete on the adjacent property be used to support the fill in order to clean -up the area, but that as required by resolution, the Council had the final say. After some discussion by the City Council, the matter was continued for further input by Mr. Dave Ritchie. 2C -1. Minutes of the Waterways Planning Board meeting of November °, 1973 and request by the WPB for Council Action. The Waterways Planning Board recommends that the City Council take immediate steps to restore the easterly bank of San Luis Obispo Creek on the highway right of way and Maino property immediately up- stream of the Marsh Street bridge to a status which occurred in 1956 and which was the basis of the design for the highway structure. The Waterways Planning Board, also, by formal action, requested that the City Council ask the Department of Transporatation to increase the capacity under the Marsh Street bridge as soon as possible and coordinate this priority improvement with the City efforts in removing fill upstream of the bridge. A. Shaw, City Attorney, submitted a report on the recommendation of the Waterways Planning Board concerning the restoration of the creek bank upstream of the Marsh Street bridge. Thev appeared indefinite in that they did not indicate the possible problems which the City might encounter if the property owner objected to the solution finally decided upon by the City. As noted in previous Dresentations to the City Council by the City Engineer, it appeared that the encroachment of the stream had occurred over a period of at least 15 years. This might not have been done with a permit from the City, but it appeared that the City gave tacit approval or at least made no objections, al- though the City had knowledge of the encroachment. Further, it did not appear that the fill material involved in the encroachment would at this time be the proper subject for a nuisance abatement proceedings. Of course, the City could institute condemnation proceedings, obtain immediate possession of the property. Then it could be :improved as it would be owned by the City. Citv Engineer Romero stated that in his opinion a more reasonable solution on the Maine property would involve construction of a sac - concrete approach wall to the bridge. City Council Minutes December 3, 1973 Page 8 The recommendation of the Waterways Planning Board in light of communi- cations received earlier from the State Department of Transportation regarding this same intersection. The Council took no action at this time, continued for further discussion. 2C -2. Minutes of the Waterways Planning Board meeting of November 15, 1973 and request by the Waterways Planning Board for Council Action on two items. Application 051 - request of Leonard Blaser for channel improvements, vehicular and foot bridges and culverting of a drainage channel at 2802 Johnson Avenue, for development of Casa del Paseo. The Waterways Planning Board agreed that the vehicular and pedestrian bridge could be approved subject to engineering criteria for capacity. The Waterways Planning Board requested that vehicular access be pro - vided-to the open pool for maintenance purposes and that the lower pool be located at-the present site at the bend in the channel. The Board agreed to permit the installation of a corrugated metal pipe from the lower pipe to the existing corrugated metal pipe leading under Johnson Avenue. However, it was to be located in the alignment of the present channel. Richard Schmidt, member of the Waterways Planning Board submitting a report to the City Council, dissenting from the Waterways Planning Board vote on the Blaser development on Johnson Avenue. He urged the City Council not to approve the exception as he felt that cul- verting a portion of this waterway would be contrary to the City's culverting policy. He felt that because of the land's terrain and the steep fall of the creek at this point, he was certain that the culvert would increase chances of water flooding over Johnson Avenue, rather than going beneath it inside the culvert. From a design point of view, Mr. Schmidt felt that the Board overlooked the esthetic potential of this last portion of creek from the lower reflecting pool to the street and condemned it to culverting for fears concerning maintenance and safety problems. He felt that this section of creek fell rapidly over bedrock and with proper bank protection and land- scaping could become a charming feature of the neighborhood. He felt that the culverting decision was inconsistent with the City's desire to maintain and enhance its natural features. He again urged the City Council to reconsider whether the best treatment of this creek might not leave it open in its present water course all the way to Johnson Avenue. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council approve the two bridges and deny the culvert leaving the stream in its natural course. Motion lost on the following roll call vote.: AYES: Councilmen Gurnee and Graham NOES: Councilmen Brown and Norris and Mayor Schwartz. ABSENT: None On motion of Councilman Brown, seconded by Councilman Norris that the City Council accept the recommendation of the Waterways Planning Board on application #051. Motion carried on the following roll call vote: AYES: Councilmen Brown and Norris and Mayor Ochwartz NOES: Councilmen Gurnee and Graham ABSENT: None City Council Minutes December 3, 1973 Page 9 Application #052 - a request of the Public forks Dept. for improve - ment and restoration at 8 locations along San Luis Creek damaged during the 1973 storm was approved by the Waterways Planning Board, with the condition that project A behind 1900 San Luis Drive be con- structed of colored sac- concrete and that project D near the San Luis Creek outlet under the 101 freeway at the extreme end of San Luis Drive be extended to connect the two existing sacked concrete walls and that the sacked concrete be colored an earth shade. D. F. Romero, City Engineer, stated that the Engineer's estimate for this increased work was 119,500. However, for the Council's informa- tion, he stated that almost all the work under the contract would be refundable by the Federal Government. The City Engineer continued, stating that his office had received information from the Office of Emergency Services in Sacramento regarding the emergency drainage projects stating that the Federal Government would not approve a time extension on contracts unless the City had established a start- ing date and that a substitution of grouted stone for the sacked concrete already approved might negate the previous approval unless the City were to take all the bids and prove the grouted stones was the cheaper alternate. He further stated the City could not award the work only on the basis that it would be financed by the Federal Government. The basis of the award must be that the City would con- duct the work anyway, since it was a necessary emergency repair. Further, his department was negotiating with Fish and Game in an attempt to permit the City to conduct creek work in the winter season. He asked the City Council to authorize the preparation of plans and specifications to show the alternates for sacked concrete, placed stone and for grouted stone. 2C -2. Councilman Gurnee stated that he was opposed to the recommendations of the Waterways Planning Board and the City Engineer as he did not approve work being done in the waterways to improve private property. He felt that private property owners should contribute something to the improvements of their own land. Councilman Norris stated that he was in support of creek work and felt that the City should proceed as soon as possible. It was moved by Councilman Gurnee that the City deny the recommenda- tion of the Waterways Planning Board. No. 052 motion lost for lack of a second. On motion of Councilman Norris, seconded by Councilman Brown that the City Council approve the recommendations as follows: That the City Engineer be authorized to prepare plans to show the alternates for sacked concrete, placed stone and grouted stone; advertise for construction if the Fish and Game Commission would give approval to conduct the work this year or early spring; and.keep the Council aware of the Office of Emergency Services decisions on this matter. Motion carried on the following roll call vote: AYES: Councilmen Norris, Brown and Mavor Schwartz NOES: Councilmen Graham and Gurnee ABSENT: None At this time, Mavor Schwartz called a recess 9:35 P.M. 9:50 P.M. the meeting reconvened, all Councilmen present. City Council Minutes December 3, 1973 Page 10 2D. City Council continued the appeal of Stuart H. Depper for a notice to abate drainage channel obstructions at 750 Mt. View Street, San Luis Obispo. . Paul E. Landell, Jr., City Engineer's office, reported to the City Council that the Dapper wall had been rebuilt using some 6f. the existing 1" X 12" material and some new material. It had been guyed back into the bank using light galvanized wire tied to deadmen. Some of the upright 4" X 4" posts on the back of the wall were replaced with railroad ties. The wall was now in sound structural condition and not in danger of being eroded. No permits of any kind were taken out. The City was not contacted in any way by the owner or contractor who performed the work. The wall was approximately 4 -112 feet high and in no way met any design standards of the City of San Lu:i;s Obispo. The City Engineer D. F. Romero stated that while the wall did not meet City standards and no permit was taken out for its construction or any engineering calculations submitted, it was not now in danger of collaps- ing in the case of high water, and might at this time be placed in a lower obstruction priority. The matter was referred to the Waterways Planning Board for study of the improvements and recommendation to the City Council as to its priority number and the appeal was continued to December 17, 1973. 2E. The appeal of J.E. & G.S. Hazard from a notice to abate a drainage channel obstruction in San Luis Creek continued from the November 19, 1973 meeting. The City Clerk reported that in accordance with the provisions of the Municipal Code dealing with appeals to abatement notices in the drainage areas, a letter Certified Mail - Return Receipt Requested, was sent to J.E. & G.S. Hazard at their last known address by the City and that the postal department made three attempts to deliver the Registered Certified letter, but at no time was it picked up by the property owners and the letter was returned to the City. Paul E. Landell, Jr., City Engineer's office, structions on the Hazard property in San Luis while there were several other priority items the only obstruction in Priority 1 at this ti creek. Mr. Landell then showed slides of the struction and the danger to the creek. again reviewed the ob- Creek and stated that of obstruction, that ne was a deck over the conditions and the ob- G.S. Hazard stated, representing the property owner, that he had repaired all the creek obstructions submitted to him for repair and that they had been done in 1970 following the terrific storm of 1969. Now it seems that he was being asked to do the work over again. Mr. Hazard objected to being singled out annually to repair obstructions in the creek, when in all honesty, a walk up and down the creek would see many, many more obstructions and of a more serious and danger- ous matter. D. F. Romero, City Engineer, stated that the only obstructions listed in 1969 flood were (1) a tree, (2) the fill and (3) a sewer line from the rear of the trailer park. to Dana Street. Now in 1973, the deck had become a new obstruction and in danger of falling in the creek. Mayor Schwartz stated to Mr. Hazard that all that was being requested for abatement at this time was the decking, which could be seen as quite dangerous and hanging over the creek. G. S. Hazard stated that on advice of his attorney, he built the wall and the deck with City building permit, therefore, the City should be required to abate repair and pay for the improvement, because he felt that each time the City changed policy, the property owners were re- quired to make up the errors. City Council Minutes December 3, 1973 Page 11 Mayor Schwartz felt that even though built with permit, natural forces had changed the conditions and that this decking had now become a dangerous hazard and that the abatement at this time only consisted of the deck which was a Class I obstruction. On motion of Councilman Norris, seconded by Councilman Brown that the City Council deny the appeal and order the abatement of the decking as recommended by the Waterways Planning Board and the engineering staff. For the record, Councilman Brown stated that he had inspected the property and felt that the decking was an obstruction and should be abated. Councilman Graham stated that he had reviewed the photos very care- fully and the original reports and he too felt that an obstruction existed and was a definite hazard and should be abated. Councilman Norris stated that he also had seen the photos, had listened to the presentation and felt that the decking should be removed to abate a dangerous hazard. Councilman Gurnee stated that he had seen the deck from the creek and felt that it definitely as a hazard and should be abated under City law. Mavor Schwartz stated that he had seen the decking from the creek area, felt that it was an obstruction, a hazard and a danger to the City and that it should be abated. The motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Norris, Gurnee and Mayor Schwartz NOES: None ABSENT: None J. E. Hazard, property owner, stated that he was opposed to the City Council's action and wished to go on record to this affect. 2F. Slide presentation by Public Works of priority two waterway abatements (continued from N6vember 19, 1973) was again continued to some future date. 3. At this time the City Council held a public hearing on the recommendation of the Traffic.Committee 73 -10 -6T a (1) That Carmel Street between Marsh an,dHiguera Streets not be made one -way, and (2) Council remove one parking space on the north side of Carmel Street, between the two service station or cab company driveways and offset the center line of Carmel Street. D. F. Romero, City Engineer, presented a sketch showing the Traffic Committee's recommendation of the offset in the attempt to make en- trance into Carmel Street from Higuera safes for motorists. Mayor Schwartz declared the public hearing open. Mel Sebastian, property owner, stated that he was in agreement with the Traffic Committee's recommendation but he suggested that the City Council should try and figure out some way to slow down excessive speed by motorists on Higuera Street, which he felt is the cause of the accidents in the vicinity of Carmel. City Council Minutes December 3, 1973 Page 12 Richard Scalen, 1230 Higuera Street, representing Brittain Stationery Store, suggested that an overhead street light at the intersection of Higuera and Carmel might help to brighten up the intersection and give left turning movements more visibility. No one else appeared before the City Council. Mavor Schwartz declared the public hearing closed. On motion of Councilman Norris, seconded by Mayor Schwartz, the follow- ing resolution was introduced: RESOLUTION NO. 2534, a resolution re- stricting parking on Carmel Street. Passed and adopted on the following roll call vote: AYES: Councilmen Norris and Brown and Mayor Schwartz NOES: Councilmen Graham and Gurnee ABSENT: None 4. Memorandum from Fire Chief Schlobohm regarding gasoline leaks from service stations in the vicinity of Monterey Street. The Fire Chief presented information on what problems faced by the City and what had been done at the various service stations, the Economy Service Station at Monterey Street at Pepper, the County garage on Monterey Street near Santa Rosa, the Mission Gulf Service Station at Monterey and California Boulevard, the Arco Service Station at Monterey and Johnson Avenue. He stated that a great amount of time had been spent by the City staff on these gasoline leaks, that the property owners and company representatives had been very cooperative and that they were pursuing a solution to the problem but that it was quite difficult in trying to find which service station was causing the leakage. So far, as each problem was encountered, they were corrected by either removal of tanks or filling the tanks with some other substance. The report was ordered received and filed and the Fire Chief was asked to continue his investigations. 5. Communication from the Promotional Coordinating Committee rec- ommending that the City Council approve an amount of $2,100 for the Little Theatre Association on a matching basis. The Promotional Coordinating Committee felt that the money being requested by the Little Theatre organization was for capital at the Little Theatre building such as a storage building for their equipment, improving their lights and sound equipment and they felt that by reducing the amount granted by the City to $2,100 and suggesting or recommending that the Little Theatre go out and raise the additional $2,100, that it would encourage the Little Theatre in approaching the public for additional funds for their organization. Hal Bankston, San Luis Little Theatre President, appeared before the City Council appealing the recommendation of the Promotional Coordinat- ing Committee stating that the Little Theatre needed the requested $4,200 in order to continue to present an adequate cultural theatre in San Luis Obispo. He then reviewed for the City Council, the history of Little Theatre and then submitted the needs of Little Theatre for adequate storage facilities for their costumes, flats, etc. He also stated that there was a great need for lighting and sound improvements for the theatre and he hoped that they would not be forced to accept the Promotional Coordinating Committee's proposal for matching funds as they had no funds with which to match the City funds and if they felt they could raise $2,100, they would not be coming to the City for support. He asked the City Council to give equal consideration and treatment to the Little Theatre as they had done in the past for the Symphony, the Mozart Festival, the Art Association, etc. City Council Minutes December 3, 1973 Page 13 Blayne Asher, representing the Promotional Coordinating Committee, explained the reasons that the Promotional Coordinating Committee recommended funds on a matching basis rather than an outright grant, as requested. It was moved by Councilman Graham, secondedfby-Councilman Gurnee that the appeal be accepted and that the City Council grant $5,200 to the Little Theatre for,1973 -74. The motion lost on the following roll call vote: AYES: Councilmen Graham and Gurnee NOES: Councilmen Brown and Norris and Mayor Schwartz ABSENT: None Councilman Brown moved that the matter be referred back to the Promotional Coordinating Committee for more information on the reason for the matching fund basis. Motion lost for lack of a second. On motion of iMavor Schwartz, seconded by Councilman Brown that the City Council grant $2,100 to the Little Theatre as recommended and then direct the Promotional Coordinating Committee to review their approval of Little Theatre for additional funds and that the request for funds for storage, flats, lighting, etc. seemed reasonable and that additional funds should be considered and that the City Council did not approve of the concept of matching funds. Motion carried on the following roll call vote: AYES: Mayor Schwartz, Councilmen Brown, Gurnee, and Norris NOES: Councilman Graham ABSENT: None 6. Communication from Robert Wight, representing SCARAB, regard- ing the development of a children's playground facility on a portion of ThrooD Park. SCARAB would construct, design with assistance from the Parks and Recreation Dept. The materials would be paid for by a grant from the City of San Luis Obispo, estimated at $1,500. They felt that the playground could be completed over 4 weekends, if the Council approved the money tonight. The construction could start on the weekend of December 8, 1973. William Flory, Director Parks & Recreation, recommended that the City Council approve the request of SCARAB in the upgrading of the children's play area at Throop Field and the fact that it would serve quite a large area, not presently served by a playground. R. D. Miller, Administrative Officer, stated that the funds requested could be taken from the Utility Tax, Park 3 Recreation Facilities without any ill effects to the balance of the program. On motion of Councilman Graham, seconded'by Councilman Gurnee that they approve the request of SCARAB and authorize $1,500 expenditure from the Utility Funds. 7. Communication from Elizabeth H. Webre, Planning Coordinator, California Commission on Aging, asking support of the City of San Luis Obispo for the establishment of an office on aging for San Luis Obispo County. Funding would come from the California Commission on the Aging and additional funds from the Social Services to the Aged Item in the San Luis Obispo County Revenue Sharing Budget. Mrs. Webre would like to get a letter of support for such an office on aging in San Luis Obispo County. She stated that if all the cities would support this program and the expenditure of the county revenue sharing funds, she City Council Minutes December 3, 1973 Page 14 was sure that the Board of Supervisors would go along with the program. On motion of Councilman Graham, seconded by Councilman Gurnee that the City of San Luis Obispo City Council endorse the proposal for the establishment for an office on aging for San Luis Obispo County and Santa Barbara County. S. D. F. Romero, City Engineer, submitted a memorandum from Paul E. Landell, Jr. regarding a Fish & Game Commission request for the construction of a fishway under Los Osos Valley Road and Prefumo Canyon Creek. The City Engineer stated that in the interest of cooperating with the Fish & Game Dept., he would like to proceed with design of this project and for construction in the spring of 1974. This expenditure was not anticipated within the budget request for 1973 -74. However, he felt that it could be included in the revenue sharing account if the City Council felt that this is a desirable improvement. The City Engineer continued that the estimated cost of the project would be $7,000, which would include design, removal and replacement of the existing apron, modification of the upstream cut -off wall, construction of the fishway and paving of the invert of the existing metal plate culvert. The matter was continued by the City Council. 9. Memorandum from R. A. Paul, Water Deuartment Director, regarding apportionment of shares of cost of privately initiated water supply projects, and recommending that the City Council approve the five Areas of Benefit as defined under the provisions of City Ordinance No. 570 (1973 Series). He stated that the ordinance provided that new construc- tion within the developed portion of the City be preceded by the instal- lation of new water mains and fire hydrants where necessary to provide adequate fire protection. The Code provided that the cost of such improvements might be apportioned among other benefitting properties. In conformance with the code, the costs so apportioned were collectible prior to the issuance of future building permits. As a condition to the issuance of building permits for construction upon a parcel or portion of a parcel to which had assigned a share of the cost... the person requesting the permit should reimburse the City, or to the party originally funding the hydrant construction, the total assigned share. Such reimbursement obligation should exist for a period of fifteen years after City acceptance of said fire hydrants. The five areas under consideration for this apportionment at this time we re a. Swazey area water main b. August Street water main near San Marcos Court c. McMillan Street water main and,fire hydrants d. Church Street water main and fire hydrants between Garden & Broad Streets e. Broad Street fire hydrant at Caudill Street R. A. Paul stated that the owner of each property within the five areas of benefit, as indicated on the 1973 -74 county assessors roll, had received by Certified mail, copies of the map and summary and in addition had received informal accounting of all property funds. Further, on November 28, 1973, an informal meeting was held with interested property owners in the five areas to discuss the matter. Following that meeting, the City Water Director recommended that the Council approve the five areas of benefit as defined and the summary of reimbursement distribution. City Council Minutes December 3, 1973 Page 15 C. L. Jost, property owner on Broad Street, at Caudill appeared before the City Council objecting to the assessment by the City to his property of the share of the water improvements on Broad Street, and also the installation of the hydrants. He felt that he was being picked on by requiring him to pay more for his three lots than it would be required by an adjoining single lot. The total assessment to the Jost property would be $394.68. After discussion with Mr. Jost on the equitable approach and the reason for the City Council adoption of the ordinance, attempt to improve the fire fighting capacities of the water system, was moved by Mayor Schwartz, seconded by Councilman Gurnee that the City Council accept the recommendation of staff recognizing the Jost appeal, but that the adopted City policy should be followed. Motion carried on the following roll call vote: AYES: Councilmen Graham, Brown, Gurnee, and Norris and Mayor Schwartz NOES: none ABSENT: None 10. City Clerk reported that he had received copies of a petition consisting of nineteen (19) pages asking that the City Council not adopt Resolution No. 2510 as written and not to form the Parking and Improvement District, as proposed by the Downtown Association. City Clerk continued that as reported to the City Council on November 26, 1973, the District as proposed under the boundaries outlined by Resolution No. 2510 contained 496 business license holders, with a business license fee total of $44.652. The attached petitions were signed by 233 business license holders and represent a paid business license fee total of $23,536.25 or 52.7% of the original district license value. For the Council's further information, additional breakdown of the petition filed opposing the formation of the Parking and Business Improvement District - District No. 1 original boundary California Boulevard, 101 freeway, Pacific Street, Archer Street, 118 signers opposing the District with business license valuation of $12,153.75. District No. 2, the new proposed boundary by the Downtown Association of Santa Rosa, Pacific, Nipomo and Palm Streets, 115 signers opposing the District with business license valuation of $11,382.50. And further, an estimate and analysis of revenues within the proposed Business Improvement District as amended by the Downtown Association, Novebmer 26, 1973, the area bounded by Santa Rosa, Palm, Nipomo and Pacific Streets, would total 293 licenses in the area with a business license revenue of $26,560.00. Of the 293 business license holders, 24 were in the professional classification. R. A. Silva, President of the Downtown Association stated that the'. Board of Directors of the Downtown Association respectfully requested that the City Council reduce the boundaries of theproposed improvement district to the Santa Rosa, Palm, Niporno and Pacific Street area as recommended by the City Council. He also felt that although profession- al people were included in the district, it was felt that contributions should be at a reduced rate at the discretion of the Council. They also felt that the reduction in boundary size would render it unnecessary to poll those businesses outside the reduced boundary area. He con- cluded by stating that the DTA Board still felt quite enthusiastic about the improvement district concept as essential to the growth and vitality of the central business district. R. A. Silva continued that the boundaries of the original Resolution might be too large and that businesses located in the area bounded by Santa Rosa, Palm, Nipomo and Pacific Streets deserved the right to appear at a new public hear- ing and he felt that the amounts in the petition of businesses in the new area would not reach the 51% and therefore, asked the City Council to continue their consideration of this matter. J 1 1 City Council Minutes December 3, 1973 Page 16 David Nord then submitted to the City Council the original of the petition opposing the formation of the parking and business improve- ment district. He stated that the business people who signed the petition were not opposed to the Downtown Association, Chamber of Commerce or the viability of the central business district. But they were opposed to paying higher- licenses to pay for advertising and promotion when they didn't feel they would derive any benefit. He concluded that the majority of the businessmen he contacted to sign the petition would be willing to pay for additional parking, lighting and other land improvements for the downtown area, as he was sure that all businessmen were interested in better customer parking. Jack Warren also spoke in opposition of the formation of the business and parking improvement district as proposed under Resolution 2510. He felt that the individual businessmen if they wished to advertise and wished to promote the downtown, should do it or a voluntary basis and not expect the City Council to do the collecting and pay the bills. A. J. Shaw, City Attorney, explained that if the Council determined that the petition constituted a proper protest by each signatory thereto, and if the total protests represented business licensees in the area who pay a majority of the business license taxes,.proceedings, would automatically terminate per Streets and Highways Code Section 36023. Robert Corcoran, Downtown Association, stated that he still supported the proposal of the Downtown Association, he felt that the parking and business improvement district was necessary in order to save down- town. On motion by Councilman Gurnee, seconded by Councilman Brown, that the City terminate all action to date on the Resolution 2510 for formation of a Parking and Business Improvement District, including prior action of a straw vote within the business district. It was also felt that new boundaries should not be considered at this time due to the overwhelming opposition to the district by the people in- volved. Motion carried on the following roll call vote: AYES: Councilmen Gurnee, Brown, Graham and Norris NOES: Mayor Schwartz ABSENT: None 11. Communication from County Administrative Officer, WiIIlard Waagoner, requesting the City Council's expression of their position supporting opposition to Assembly Bill 832, which was a bill mandating independent special district representation on Local Agency Formation Commissions. On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2545, a resolution of the Council of the City of can Luis Obispo expressing opposition to Assembly Bill 882 (Knox) which requires mandatory representation of Special Districts on Local Agency Formation Commissions. Passed and adopted on the final roll call vote. AYES: Councilmen Gurnee, Brown, Graham and Norris and Mayor Schwartz NOES: None ABSENT None City Council Minutes December 3, 1973 Page 17 On motion of Councilman Brown, seconded by Mayor Schwartz, the meeting adjourned to December 6, 1973 at 4:00 P.M. APPROVED: March 4, 1974 H. PATRICK, CITY CLEP.K 1 1