HomeMy WebLinkAbout02/16/19701
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBSIPO, CALIFORNIA
February 16, 1970 - 7:00 P.M.
City Hall
Pledge
Roll Call
Present: Emmons Blake, Myron Graham, Donald Q. Miller
Kenneth E.'Schwartz
City Staff
Absent: Arthur F. Spring
Present: R. D. Young, Planning Director; J. H. Fitzpatrick,
City Clerk; J. Stockton, Park and Recreation Supervisor;
H. Johnson, City Attorney; R. D. Miller, Administrative
Officer;:D. F. Romero, City Engineer; E. Rodgers, Police
Chief; E. P. Thompson, Director of Water Department.
The minutes of the meetings of January 27, 1970 and.February.2 & 4, 1970, were
approved as presented.
On motion of Councilman Blake, seconded by Councilman Miller, claims against the
City for the month of February 1970 were approved and ordered paid subject to the
approval of the Administrative Officer. Motion carried.
1. E.P. Thompson, Water Department Director, presented for the Council's con-
sideration plans and specifications for waterline improvements, replacements and
new work. Estimated cost for.the project was $167,000.00.
On motion of Councilman Miller, seconded by Councilman Graham, the plans and
specifications were approved and the Director of the Water Department was authorized
to call for bids. Motion carried.
2. R. D. Young, Planning Director, presented for the Council's consideration and
confirmation, a list of appointees to the Underground Utilities Coordinating Com-
mittee. The committee would consist of seven members representing Pacific Gas and
Electric, Pacific Telephone, Southern Counties Gas Company, Cable TV Company, the
Planning Commission, Design Reve,,i Board and the downtown business community.
The proposed list of appointees are as follows:
Mr. Rod Levin (Design Review Board)
Mr. John D. Printz (Central Calif. Communications Corp.)
Mr. L. A. Balatti (Pacific Telephone Company)
Mr. Ed. Strobridge (Southern Counties Gas Co.)
Mr. Richard H. Hoffman (Pacific Gas & Electric Co.)
Mr. Marvin Dee (City Planning Commisaion)
Ex officio members of the committee would be the Planning Director, Director of
Public Works and the Chief Building Inspector.
On motion of Mayor Schwartz, seconded by Councilman Graham,'the appointees were
confirmed, with the seventh member to be appointed from the Chamber of Commerce.
Motion carried. Councilman Miller voting no.
The mayor was authorized to write the Chamber of Commerce for a suggested appointee.
3. Communication from Harold Wilson, Administrative Vice President.of Cal Poly,
regarding the possibility of annexing Cal Poly to the City of San Luis Obispo.
Councilman Blake,briefed 'the.prop69al for..the City Council stating that officials
of both the City and the College had been discussing the matter of annexation for
the past several years and at this time it seemed opportune for the annexation to
take place. -He continued that the proposal would be that some of the money that
is generated by the students and faculty on the campus would be returned to Cal Poly
for use in improving Mustang Stadium so that greater capacity could be accomplished.
City Council Minutes
February 16, 1970
Page 2
No definite amount would be set aside but possibly after annexation a stadium com-
mittee could be appointed to work out the arrangements for the improvements to the
stadium, which would continue to be used not only by Cal Poly but also by Cuesta
College and the two local high schools. He continued that the next step toward
annexation should be for personnel from both the City and the College to get to-
gether to proceed with arrangements between the two entities. He stated he would
recommend that the City proceed with the annexation.
Councilman Blake, also stated that Cal Poly would be treated as any other indepen-
dent property owner is treated as far as maintenance of streets, police protection,
etc. are concerned.
Councilman Miller stated he would support the proposal to.annex Cal Poly as he felt
this is a logical move but he stated he would like to reserve his opinion regarding
the expenditure of funds to enlarge the stadium.
On motion of Councilman Blake, seconded by Councilman Miller, that the Administra-
tive Officer be authorized to negotiate with Cal Poly representatives for annexa-
tion to the City and preparation of the necessary documents for consideration by
the State College Trustees and the City Council. Motion carried.
4. Communication from Assemblyman Robert G. Beverly, Chairman of the Assembly
Committee on Finance and Insurance, regarding a flood insurance program, was
continued to March 2, 1970.
7:35 P.M. Councilman Arthur F. Spring arrived at the meeting and took his place
at the Council table.
5. Communication from the Motel & Hotel Association requesting that -the City
Council appoint a committee to study the possibility of the city leasing the
County Veteran's Memorial Building on Grand Avenue from the County for holding
small and medium sized conventions and conferences. '
R. Dunin, President of the Motel and Hotel Association, stated that he has
received unofficial favorable response from the Board of Supervisors to let the
City take over the operation of.the.Vet's Building. He stated it was the opinion
of the Motel & Hotel Association that for a minimal cost the building .could be
upgraded to handle conferences and conventions and that such a facility was
desperately needed in the City. He also stated that the Chamber of Commerce is 100%
behind the proposal.
The City Council felt that a committee should be appointed to look into the use of
the building by the City for such a program.
Mayor Schwartz appointed Councilman Blake and Councilman Graham to a committee to
investigate this proposal and report back to the City Council.
6. At this time the City Council considered the final passage of Ordinance No.
478, an ordinance amending the Official Zone Map of the City of San Luis Obispo.
(To rezone from M to R -H AH that property located at the southeast corner of
Bullock Lane and Orcutt Road, being lot 120 and a portion of lot 119 of the San
Luis Obispo Suburban Tract.)
R. D. Young, Planning Director, again presented the recommendations.of the Planning
Commission for approval.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the passage of this
ordinance.
B. Dodson appeared before the City'Council stating:that.he.was•.not opposed to this
particular rezoning but he felt that .'as this was a- restatement of one of the study
areas of the General Plan.and since areas 5 and 6 were so closely intertwined, he
felt that both areas should be considered.
City Council Minutes
February 16, 1970
Page 3
On motion of Councilman Blake; seconded by Councilman Spring, the following
ordinance was introduced fort inal passage. Ordinance No. 478, an ordinance
amending the Official Zone Map of the City of San Luis Obispo. (To rezone from
M to R -H AH that property located at the southeast corner of Bullock Lane and
Orcutt Road, being lot 120 and a portion of lot 119 of the San Luis Obispo Suburban
Tract.)
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
8. At this time the City Council considered the final passage of Ordinance No. 475,
an ordinance amending portions of Chapter 3.5 of the San Luis Obispo Municipal Code,
Street Right -of -Way Dedication and Improvement.
Mayor Schwartz declared the public hearing open
Mr. Duncan Cheda objected to the final passage of Ordinance No. 475 as he felt it
was wrong and unfair for the City to expect property owners facing major streets
to give up their land for street widening without receiving any compensation. He
felt that all street widenings should be paid for by all -the taxpayers in the com-
munity as he felt that all the taxpayers contribute to the traffic, therefore
creating the need for widening.
Mayor Schwartz declared the public hearing closed.
' Councilman Miller stated that he did not feel that the proposed ordinance was
fair to the property_ owners, particularly Paragraph A; subparagraph 6, which allows
the City Engineer to decide what is a "significant traffic generating use." He
did not feel that one person should make this determination. He also felt that
the method proposed by the City setting the building setback lines was unfair,
particularly when an equal amount of land.is not'.taken from both sides of the
street. He cited as an example, lower Higuera Street where all the widening was
taken from one side,-of the street.
Councilman Blake stated that he felt it was impossible to propose an ordinance
that would make all property owners happy, but this proposed ordinance would allow
the property owner to appeal to'the City Council if they felt they had been mis-
treated by the City staff, and the Council could decide on just compensation.
Councilman Spring stated he was opposed to the adoption of the ordinance as he
_felt it was confiscation of private property without just compensation.
Mayor.Schwartz stated he would support the ordinance as he felt the'City needed an
up -to -date street widening policy and he did not feel that the general taxpayers
should be required to pay for street widening caused by property owners increasing
traffic by high density development.
On motion of Councilman Graham, seconded by Mayor Schwartz, the following ordinance
was given for final passage. Ordinance No. 475, an ordinance amending portions of
Chapter 3.5 of the San Luis Obispo Municipal Code, Street Right -of -Way Dedication
and Improvement.
Finally passed.on the following--roll call vote:
AYES: Emmons Blake, Myron Graham, Kenneth E. Schwartz
NOES: Donald Q. Miller, Arthur F. Spring
ABSENT: None
City Council Minutes
February 16, 1970
Page 4
At this time the City Council considered a resolution amending Resolution No. 1640
(1967 Series), establishing policy on widening of City streets', to go along with
the final passage.of Ordinance No: 475.
Councilman Miller and Councilman Spring again stated their objection to this street
widening program.
On motion of Councilman..Graham, seconded by Mayor Schwartz, the-following resolu-
tion was introduced: Resolution No. 2011, a.resolution amending•Resolution No.
1640 (1967 Series), establishing policy on widening of City streets:-
Passed and adopted on the following roll call vote:
AYES': Emmons Blake, Myron Graham, Kenneth E. Schwartz
NOES: Donald Q. Miller, Arthur F. Spring
ABSENT: None
10. At this time the City Council held a public hearing on the appeal of
Johnson Highlands from a denial by the Planning Commission of their requested
rezoning from R -1 to PD R -1 of that property located on the west'side of Del Campo
Boulevard between Fletcher and Haskins Streets.
R. D. Young, Planning Director, presented the Planning Commission's recommenda-
tions for denial of the requested rezoning.
1. It was the consensus of the Commission that the - proposed PD R -1 would not
be a desirable development at this particular location for the- following
reasons:
a. A precedence would be set for development of adjoining vacant land
at a density that could not be supported with the present circula-
tion system'.
b. The development would adversely affect property values of the
adjoining residential neighborhood.
c. The-plan as presented did not meet the requirements for good
development.
2. Some of the Commissioners were of the opinion that a phased master plan of
the entire area owned by the applicant.should be presented-before-the zone
change could be given consideration.
Mayor Schwartz declared the .public hearing open.
L. Blaser, representing Johnson Highlands, Inc. stated that his proposal was to
use a presently subdivided area and to reduce the lot sizes from the required 6000
square feet to 5000 square feet per lot and to'build two unit single family dwei-'
lings on the property.
He stated that the'lots as presently subdivided were too small for R -1 single family
homes . and'he'did not feel that single family'dwellings could economically be 'de=
veloped on the property.' He hoped that the Council would concur and allow 'the
development proposed under the planned development. He stated that what lie actually
is proposing for the property is one more unit than could be developed as the
property is presently subdivided.
Mr. Dudlev Winterhalder, Executive Director of the City Housing Authority, appeared
before the.City Council urging the approval.of -the proposed rezoning as'he suppor-
ted the density concept of the development and he felt the Housing Authority might
be interested in leasing or purchasing the development.
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City Council Minutes
February 16, 1970
Page 5
Mr. Walt Owens., 261_Sandercock Street, supported the:proposed development as he
felt that the concept was good so that the land could be developed and used by
the Housing Authority,for low income families, as the original concept for low
income housing was to disperse the housing throughout the City and thus far all
the housing had been concentrated in the Hawthorne Area. „ --
Mr. Duncan Cheda reminded the City Council that this development would contribute
tq.traffic.on Johnson Avenue, which.has recently been.widened.under the.City's
widening program -and property owners were required..to.'give up land'for.the widen-
ing-: He felt this. type of development was unfair due to the widening program.
Mr. Jack Tiedemann submitted a.letter objecting to.the,,development.of the pro -.
posed units on Del Campo Boulevard. He felt that this was an.invasion of a nice
single family neighborhood by a developer out.to. make a fast buck. He felt that
the use of the Planned Development Ordinance by Mr.. Blaser was just one way of
manipulating the ordinance .to avoid the zoning restrictions.! He felt that the
City Council had a moral obligation to protect the people living in the area who
had tried to up -grade their neighborhood to R -1 zoning. Further, he did,no_t -feel
that the so called apartment pattern would enhance the neighborhood.
Mrs-..Louise Fagan, 1179 -San Carlos.Drive, stated she,also.objected to the proposed
development as. she.felt it would not benefit-.the-neighborhood but instead would be
a detriment. She felt this development would be spot zoning as it would allow mul-
tiple development in an R -1 area. She also felt that the entire area under control
of.the developer should be master planned so that the City Council, Planning Com-
mission and the neighborhood would know.exactly what was being planned, rather than
developing on a piecemeal basis. Further, she felt the developer was using this
rezoning to get his foot in the door for a major rezoning.of his property. She
continued that she felt the density was too_ high and that it would increase traffic
in the area. She felt the City Council must protect the property owners who had
developed this single family neighborhood.
. Mr. Peter Guy, 1336 Cecelia Court, objected to the proposed development as he felt
it would not be a benefit to the City or the low income people.. that this
proposal by Mr. Blaser was just a first step toward rezoning the entire area.
Mrs. Merril Wilcox, 1208 San Mateo Drive, objected to the proposed development as
she felt this planned development would not be an asset to the adjacent residential
neighborhood.: She felt this was spot zoning and was also a first step by the
developer to complete high density on the balance of his property. Further, she
felt that single family density was needed in San Luis Obispo, and the developer
should be required to develop to existing zoning. She.asked that the City Council
hold the line on zoning to protect R -1 zones. Mrs. Wilcox urged:the Council to-
protect R -1 property owners and not support the land speculator who is out to get
the most money out of his land.
Mr. Jesse Treanor, 2290 Augusta Street, objected to the rezoning on the basis of
the difficult..access to the property. He felt .that.the tenants-of these apartments
would be required . to use existing residential streets for access which would add to
the traffic already generated on.these.streets. He hoped the City Council would.
require Mr. Blaser to put in.new streets for access to this property..
D..F. Romero,.City.Engineer, was asked.if the land-could be developed as presently
subdivided. Mr. Romero,explained that in accordance with the existing Zonirig:Or-
dinarice;,igheii.substandard lots are owned by the same property owner, the lots can
not be developed. unless the-owner , re-subdivides to City.standards.. If only one
substandard lot is owned, then the lot can be developed_'by the property owner.
Mr. Bill Barnes objected to the rezoning as he felt it was unfair for.a land spec-
ulator to build crackerbox houses for low income.tenants. He felt the land could
be developed with nice single family homes which could still be used for low in-
come tenants.
Mr. Bill Thompson, 2290 Helena Street, objected to the proposed duplex development
on Del Campo., across from single family homes. He suggested that Mr. Blaser put in
single family homes on the property facing Del Campo and then if he desired, he
could put duplexes on Fletcher and Haskins Streets. In this way the developer would
be the one taking a loss if he tried to sell the property after the development is in.
City Council Minutes
February 16, 1970
Page 6
Mr. Ethan Jennings, Architect for Johnson Highlands, stated he felt the architectural
treatment -of the buildings was.proposed to tie into the neighborhood development.
He felt that his concept of larger areas for landscaping would make the development
more acceptable to the neighborhood. He continued that the buildings were
designed to fit the topography of the land and were designed to appear as large,
single family homes.
Mr. Leonard Blaser, developer, stated he did not feel that the rezoning was spot ,
zoning as the density he was requesting is only for slightly less density than
for single family R -1 zoning.
Mr. John Robinson urged the Council to consider this development as it was needed
for the low income people of the community in order to have decent housing.
Mr. Ken Haggerty, 17 California Blvd., asked the City Council to consider rezoning
and higher density in the community in order to protect the hills and vistas of the
City. He felt that higher density was needed to handle the increasing population
of the City.
Mrs. Merril Wilcox, 1208 San Mateo, again urged the City Council not to grant the
rezoning as requested as she feels that the duplex development as proposed would
not be an asset to the neighborhood.
Mr. Ben Fagen, 1179 San Carlos Drive, objected to the proposal as he felt that
the four units on the northerly portion of Del Campo Boulevard do not have
adequate parking and the tenants would not walk a block to the parking lot.
Councilman Blake stated he felt that the Council's decision must be made on den-
sity as he felt that the plan presented by the developer is not adequate for
planned development approval.
Councilman Spring stated he felt that multiple development was needed in the City '
to house the citizens. He felt that R -1 development was not being made due to
the high cost of land and construction.
Councilman Graham stated he felt the City needed more multiple housing. He felt
the development proposed by Mr. Blaser was adequate for development.
Councilman Miller stated he.,felt the City has a critical need for housing and
the duplex development proposed would be a good transitional use to buffer the
R -1 homes from multiple development. He continued that all Mr. Blaser is
proposing is the addition of one more unit on his property than could be developed
as it is presently zoned.
Mayor Schwartz explained the intention of the Planned Development provision of
the Zoning Ordinance was to encourage the use of new concepts of land development
and flexibility of planning with approved guidance and control. He continued ,
that the problem before the Council on this development was the matter of density,
that is the number of people-'living on the land,area,- and whether the proposal fits
the neighborhood, and if the style and type of the proposed development has been
taken into consideration in proposing the use of the land. He stated he felt the
proposed development for parking was inadequate and poorly._ planned and-would not
be used by the tenants. He felt nothing in the proposal shows any better conditions
for living for the tenants or attractions for the neighborhood.
Councilman Blake stated the Council faced the danger of approving this rezoning
on a four to one vote, without requiring the developer to come up with a more
commendable proposal. He felt the density was adequate but did not feel that
the proposal met with the.Planned Development requirements of compatibility
with adjacent properties. He also felt the proposal for parking was poor.
Councilman Graham moved that the City Council approve the rezoning as requested
by Mr. Blaser.
The motion was lost for lack of a second.
City Council Minutes
February 16, 1970
Page 7
H. Johnson, City Attorney, explained that as the Planning Commission had denied the
proposed planned development without recommendation, and if the Council approved
of the density but not the planned development, then the matter should be referred
to the Planning Commission for establishment of conditions for the Planned Develop-
ment..
Mayor Schwartz explained that.the Planning Commission has previously denied the pro -
posal without conditions and asked the developer to come up with a new plan. At the
second meeting the Commission did not receive what they felt was an adequate proposal
for construction, therefore they denied the request without recommendation to the
' City Council.
Councilman Blake felt the City Council should inform the Planning Commission that
they agree with the density for this property, and then let the Planning Commission
work out the details of the planned development with the developer.
On motion of Councilman Miller, seconded by Councilman Graham, that the City
Council overrule the Planning Commission's decision and approve the requested
rezoning.
R. D. Young, Planning Director, suggested that the City Council refer the matter
to the Planning Commission and inform the Commission of their intention to approve
the density, and allow the Commission to meet with the developer to establish the
conditions of the Planned Development.
Councilmen Miller and Graham withdrew their motion:
On motion of Councilman Blake, seconded by Councilman Spring, that the City Council
approve the concept of density as requested, but refer the planned development to
the Planning Commission for details as recommended by the staff. Motion carried.
Councilman Miller and Mayor Schwartz voting no.
9:50 P. M. Mayor Schwartz declared a recess.
' 10:00 P. M. the meeting reconvened with all Councilmen present.
9. Communication from the Yellow Cab Company requesting a change in meter rates
was set for public hearing on March 2, 1970.
11. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from R -1 to C -N -S that property located at the
northwest corner of Los Osos Road and Madonna Road. (Laguna Lake Shopping Center)
R. D. Young, Planning Director, presented the recommendations for approval by the
Planning Commission as follows:
1. The subject property is developed with nonconforming C -N uses.
2. The subject property was previously zoned PD C -1, however, the zoning
reverted to R -1 due to the failure of the property owner to develop the
shopping center in accordance with the approved precise plan and time
schedule.
3. The General Plan shows a neighborhood shopping area at this location.
4. It.was the opinion of the Commission that the requested C -N -S zoning is in
accord with the recommendations of the General Plan.
Mayor Schwartz declared the public hearing open.
' Mr. Lew Wiegold, realtor representing the owner, appeared before the City
Council infavor of the proposed rezoning and stated he would be happy to
answer any questions regarding the requested rezoning.
No one appeared before the Council against the proposed rezoning.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
February 16, 1970
Page 8
Councilman Blake.stated he objected to the rezoning as no plans for.develop-
ment had been submitted for the Council's consideration. He felt that some
sort of plan should be submitted prior to action being taken by the.Council.
On motion of Mayor Schwartz, seconded by- Councilman.Blake,.that consideration
of-this-matter-be-continued to March 2,.1970_for,a staff review of--City-records
on the prior approval of the .planned development. Motion. carried. Councilman
Miller voting no.
12. At this time the City Council held a public hearing on the recommendation
of.the..Planning,Commission•tto amend ..the..approved.precise.plan for Phase.III of
..Tropicana: Village.: :. ..... .... .:: ... . _..,
R. D. Young, Planning Director, presented the conditions of the Planning Com-
mission for. approval of..the precise..plan...,.,
1. "The proposed'amendment is'a'major' deviation fiom' the approve precise"""
development plan for Phase III, Tropicana Village. The deviations are'
as follows.
a. The units have been broken down.-into a_two.story..row- cluster - type
of development as opposed to a three story single large structure.
b. Student density has been increased from 428 to 483 students..
c. The number of parking spaces has been increased from 116 to 254.
d. The student density per unit has been reduced to allow more floor.
space per student.
2. It was the consensus of the Commission that the alternate plan represents
an improvement over the precise plan. Student facilities would be im
proved through lower densities per unit, increased parking, easier access,
lower noise levels, and more useable open space and landscaping around
each unit. Neighboring areas would benefit through better circulation
and an esthetically more pleasing complex.
NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby recommends
to the City Council that the amendment to the approved precise plan.of
Phase III be approved subject to the following conditions:
1. A landscape plan showing plant materials and method of irrigation to be
submitted to the Department-of Planning and Building for approval prior
to issuance of a building permit.
2. Amended plan shall meet all codes and ordinances and all conditions es-
tablished by the Planning Commission.
3. Construction to commence within one year from date of approval of the
precise plan by the Planning Commission.
4. Roof sprinklers, as shown on the submitted plan, to be fully approved
roof deluge systems.
5. A11 portions of all buildings to be protected with approved heat - detection
systems with alarm -pull stations, system to be tied to Fire Department
headquarter panels.
6. Buildings are to be of one hour fire resistive construction. throughout.
7. An eight -inch water main is to be extended throught the complex at Romona
Drive. r'
8. There shall be full improvement of all adjacent streets in accordance with
City standard practice for subdivisions.
9. The storm drainage entering the property near Luneta Drive shall be carried
underground with a drainage easement.
10. Adequate drainage capacity and an esthetic improvement shall be provided
for in the natural channel adjacent to the'northerly limit of the'develop-
ment.
Mayor Schwartz declared the public hearing open.
Mr. Charles Baker appeared before the City Council urging the Council to approve
the amended plan as he felt he had met all the requirements set by the Planning
Commission and City Council.
No one appeared before the City Council against the proposal.
Mayor Schwartz declared the public hearing closed.
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City Council Minutes
February 16, 1970
Page 9
On motion of Councilman Blake, seconded by Councilman Graham, the following
resolution was introduced. Resolution No. 2012, a resolution approving an
amendment to the precise development plan for Phase III, Tropicana Village.
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
13. At this time the City Council held a public hearing on the appeal of
Mr.. C. N. Nielsen from the order of the City Engineer to abate the drainage
obstruction on his property at 478 Lincoln Street.
The City Clerk presented a communication from M.A. and L.U. Hagen stating
their oppostion to the retaining wall construction by Mr. Nielsen, which
might cause damage to their property.
D. F. Romero, City Engineer, stated that he had met with Mr. Nielsen and he
and the property owner had arrived at a solution to remove the obstruction
caused by the retaining wall and Mr. Nielsen had requested that the appeal be
withdrawn.
On motion of Councilman Blake, seconded by Councilman Spring, that at the re-
quest of the property owner, the appeal be withdrawn, as an agreement had been
reached between the property owner and the City Engineer. Motion carried.
14. Mr. Jesse Owens, Route 2; Box 183, San Luis Obispo, appeared before the
City Council to discuss the matter if discrimination against black people in
the City of San Luis Obispo. He stated that first he would like to get the
black people's side of the incident involving Manuel's Liquor Store on Broad
Street. He continued that due to this incident he felt that the dignity of
the black man in the community has been hurt. He felt it added to the discrim-
ination in the community. Mr. Owens explained that a number of black people
living in San Luis Obispo would appear before the City Council this evening
to publicly discuss incidents of discrimination against them in the City.
Mr: Bines, King & South Street, brought to the Council's attention an incident
that had occurred on Monday, February 2, 1970 when a police officer came to
his door and asked him to turn down his record player as the neighbors had
complained that it was making too much noise. He stated he felt this was an
act-of harrassment as none of his neighbors were at home. He stated that in
addition to the officer that came to his door, several officers were seen in
his yard and next to his house. Further, he stated he had asked ikho had
called the police department with the complaint and on what basis, and they
would not give him the information.
Mr. Peter Compton stated that he and two other black people employed by the
County of San Luis Obispo were suspended for five days without pay from their
jobs for no apparent reason other than the fact that they were black.
Mr. Huey Cook, King Street, Musician, stated that he plays in a band of blacks
and whites and that every establishment they play in, he is let go after a
while. The excuse he is given is that when he plays in an establishment, black
people come in to hear him play and the owner does not like blacks in his place
' as they cause trouble. He continued that he has played at Manuel's Bar on
Broad Street and when black people come in they are required to buy three drinks
at one time to guarantee they will spend money. He stated that white people
were not required to do this. He stated this was just one instance where black
people were mistreated and discriminated against in San Luis Obispo.
Mrs. Arlene Ownes brought to the Council's attention the matter.of dental care
for poor people who were not poor enough to go on welfare but still do not have
enough money to pay for dental care for their dhildren. She felt that something
should be done to help not only the blacks but also the poor whites in the com-
munity. She also told the City Council that she doesn't care if people like
her as a person but she felt that everyone should respect each other, and when
she applies for a job she should be considered, if she is qualified, regardless
of her color.
City Council Minutes
February 16, 1970
Page 10
Mrs. Maxine Lewis, Grass Roots Supervisor, brought to the Council's attention
instances of discrimination against black people in San Luis Obispo. She ex-
plained one problem involved her own children, when they were attacked by a
group of white children and when they tridd to defend themselves and the police
came, the police let the white kids go and held hers for questioning. She .
stated she felt this was an incident of discrimination against black youths
by the police department. Mrs. Lewis stated that in her position with the
Grass Roots Organization, she continually tries to get jobs for black people,
and when a black person is qualified and available for employment, they are
referred to employers by the Employment Office, and often they are told that
now they do not have a job open but they will keep them in mind and keep
their name on file. She stated that she has personally called.up employers
and found that jobs were available, but the management would not hire black
people. Mrs. Lewis brought to the Council's attention several acts of
discrimination against blacks in ;trying to'get decent housing in San Luis
Obispo. She stated that in several cases-vacancies were available and when
black families tried to rent them, they were told that they had been rented,
and upon investigation this was found to be untrue.
Mr. Darrel Bandy, 2001 Swazey, brought to the Council's attention a matter
involving a black foreign student at Cal Poly. He stated a group of white
students threatened his life and when this was brought to the Police Depart -
ment's attention they were told that the police felt it was just'a prank.
He felt there is a definite attitude in the Police Department not 'to believe
black people when they go to the Police Department with problems or complaints.
He also mentioned an incident when he had applied for work for which he was
qualified and experienced and was told by the management that no jobs were
available at the time, but that he would be called as soon as one was avail -
able. He stated he knew for sure that after he had applied for the.job, at
least four people *ere hired for the position.
Mr. Jim Edmondson brought to the Councils attention problems involved in
trying to get housing for he and his wife. He- mentioned the devious ways
used by landlords not to rent to blacks and still not violate civil rights
laws.
Mr. Gilbert Bruce, 236 Sandercock Street, stated he felt that San Luis Obispo
has more of a white problem than a black problem. He hoped that the City
Council could take the lead in trying to make some understanding.between the
white and blacl. people of San Luis Obispo.
Mr. Walt Owens, Sandercock Street, stated he felt that part of the problem in
San Luis Obispo, as in other areas of the country, is that there is no mutual
respect between the blacks and whites; and between the poor and well- to -do,
both black and white. Mr. Owens then listed several areas of discrimination,
particularly in the housing market in San Luis Obispo. He continued that
many blacks have the money and resources to-buy and rent decent, adequate
housing, but because of the discrimination it is nearly impossible for them
to acquire decent housing. He stated he felt that All'.the, black people in
San Luis Obispo want from the white community is to be treated like human
beings and to be treated like any other citizen of the community in acquiring
decent housing and good jobs, and to be allowed to take part in community
activates. Mr. Owens stated that in his opinion, one of the most important
things needed by the black section of the community was the South Side Park.
He stated that acquisition of this park has been promised for almost three
years and to date nothing has been accomplished. He stated he felt that if
the City Council could acquire this property, then the black community would
take over and make a park that blacks and whites could be proud of. He stated
it is very difficult to keep people happy and contented when s=ething - has
been promised and not been accomplished.
Mr. Julius Abalero asked that the white'people call the black people black,
as they prefer this to words like negro, colored, etc.
Mr. Garnett.Hopkins, 690 Santercock Street, stated he was.most pleased to
see so many black men and women appearing before the City Council, presenting
their problems of discrimination to them in a calm manner. He continued that
one area that had not been discussed as yet this evening was education., He
stated that in local schools when the black youths wore their hair natural
or wore national costumes, they were considered to be militants. Also, when
three or more black students get together to talk at school, the school
authorities break them up, the same was not true for white students.
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City Council Minutes
February 16, 1970
Page 11.
Mr. Hopkins stated he felt this meeting was good.as he was sure that.many
people living in San Luis Obispo do not believe, or. are even aware that there
is a problem of black discrimination. He stated it was unfortunate that the
only time the white people and the white establishment think of the black
people is when there is a problem such as the Watts riots and the assassin-
ation of Martin Luther King. When something of this nature happens, then
everyone wants to do something for the blacks, as soon as everything quiets
down, then things go back to where they were before the trouble.
Mr. Bruce Dodson, representing the South Street neighborhood, presented
studies of expenditures made by the City in the Park and .Recreation Budget
in the last few years and the type of improvements made by category, which
he stated proved that very little money was spent in the neighborhoods for
park purposes or recreational leadership. He also presented figures on funds_
expended for underprivileged students at the various schools throughout the
'City. He then listed facilities that are lacking in the Hawthorne School
area for the residents of the area in comparismn with other neighborhoods in
the City.
Mr. Jesse Owens stated he hoped that everyone present now understood some of
the problems faced by the black people in San Luis Obispo and hoped that every-
one would try to resolve these problems so as to relieve black tension in the
community. He stated that one way to do this was to respect each other in
every day life, regardless of their color.
Miss JoAnne Jackson asked what the Council was going to do about the problem
of discrimination brought to their attention at this meeting.
Councilman Miller stated he felt the only way the black people can get things
done is to work together and work with the City to accomplish improvements and
facilities for them.
Councilman Graham thanked the black people for coming to this meeting and
stated he appreciated their comments as he felt he had learned much tonight.
He hoped that many of these matters would be referred to the Human Relations
Commission which could take an active role in bringing the problems to the
City Council.
Councilman Spring stated he too enjoyed the meeting and was happy that these
people had brought their problems to the Council out in the open so that some-
thing could be done or tried to be done to eliminate disrimination in the
community.
Councilman Blake felt that one of the most important things that the meeting
brought out was the fact that the people involved were willing to discuss the
problems facing them as black citizens of San Luis Obispo. He too felt that
the Human Relations Commission, with Garnett Hopkins as Chairman, would take
a more active role in fighting discrimination in San Luis Obispo and.make
recommendations to .the City Council for resolving these problems.
Mayor Schwartz stated he was pleased to have the concerned citizens of San
Luis Obispo bring their problems to the City Council, but -the question is how
can we resolve the problem.of eliminating prejudice, which we all have, whether
we are black or white. He felt it was an education problem and it was difficult
to say what could be done to eliminate bigotry. He too, was hopeful that the
Human Relations Commission would take a new and really active part in investi-
gating acts of discrimination.against any citizen of San Luis Obispo, regardless
of their color, because until the problem is brought out in the open it.just
' grows and becomes more difficult to solve.
Mayor Schwartz thanked everyone for taking part in the discussion and hoped
that more mutual understanding amongst the citizens of San Luis Obispo could
be achieved.
Communication from H. Johnson, City Attorney, forwarding status report.and
summary of the efforts by the City to acquire and develop South Side Park was
ordered received and filed.
City Council Minutes
February 16, 1970 .
Page 12
15. Mr. Tex Braudrick, owner of the Fremont Hotelt, 979- Osos Street, presented
a petition signed by 13 residents of the hotel, asking the City.Council to do
something about the noise coming from the Irishman Bar under the hotel. He
stated that the noise is becoming intolerable for the residents of the hotel.
He hoped that the City Council could do something to stop the noise and rowdiness
from this bar, which continues even after it closes, in the street and parking
lot.
E. Rodgers, Police Chief, stated that he will try to have this area patrolled
more often in an attempt to control the noise and rowdiness coming from the
bar.
The matter was referred to the Police Chief for action.
16. Communication from H.T. and A.N. Wood, regarding horses being kept in an
area zoned for apartment development near their residence at 1220 Monte Vista,
was continued to March 2, 1970.
17. Communication from Central Coast Laboratories, requesting permission to
discuss with the City Council their decision regarding the construction of the
proposed. sewer line on Meinecke Street and Santa Rosa Street.
D. F. Romero, City Engineer, reviewed for the City Council, the action taken
at the meeting of February 2, 1970.
R. E. Williams, Central Coast Laboratories, representing Care Construction, Inc.
said he objected to the City requiring the developer.to pay one -half the cost
of the sewer line on Santa Rosa between Meinecke and Murray Streets. He con-
tinued that the development cost for the convalescent hospital was getting so
high that they may not-be able to go ahead with .it. He felt that if the
developer were required to pay these costs, the project might have to be
cancelled. He wished to remind the City Council that this hospital would be
a great asset to the communtiy. The City would benefit from property tax,
sales tax generated by the purchases of supplies for the hospital and the
employment of residents of the community. Mr. Williams also objected to the
principal developer being required to subsidize the City for the installation
of this sewer line after the City had already allowed the Stenner-Glen
development to hook up to the existing sewer line, as it was Stenner Glen
that was causing the problems with the Meinecke sewer line. Mr. Williams
again stated that Care Construction objected to paying for the sewer line
on Santa Rosa Street. He asked that the City Council consider subsidizing
the developer in this project by putting in the 10" line in Santa Rosa.
Mr. Y. E. McNamara, realtor representing the Meinecke family, stated it was
unfair for the City to expect the property owner to make the extension on
Santa Rosa as the City had approved the hospital development with the.existing
sewer. He continued that this property had been difficult to develop due to
the excess cost required by the City for development. He hlped the City
Council would take care of this sewer extension with City tax money.
Mr.. Weant stated that he remembers that when the sewer line was put in, his
father -in -law agreed to allow the-line to cross his property on Meinecke for
the privilege of hooking up onw house on this line, and he, did not feel that
for this privilege the property owner should be required to extend the sewer
line to. Murray.
D. F. Romero, City Engineer,.stated he had recommended to the City Council
and.still recommended that the hospital developer put in the 8 -inch line in
Meinecke from their development to Santa Rosa Street at an estimated cost
of $4,600, and that the City government put in the 10 =inch line in Santa
Rosa Street from Meinecke to Murray at an estimated cost of $12,000. In
order to relieve the overload caused by the Stenner Glen development.
Councilman Miller stated he felt that the City should pay for the extension
of sewer service from Meinecke to. Murray as he felt the City is in the utility
business and should be willing to pay for the sewer extension.
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City Council Minutes
February 16, 1970
Page 13
On motion of Councilman Blake, seconded by Councilman Miller., that the Council
grant the appeal, with the developer to put in the Meinecke sewer line and the
City to put in the line on Santa Rosa Street from Meinecke to Murray. Motion
carried, with Councilman Spring voting no.
18. Communication from Gerald B. Evans, requesting a 90 -day extension of time
for the demolition of the structures at 1018 and 101831 Pacific Street was
continued to March 2, 1970.
19. Council consideration of drainage channel obstructions was continued to
March 2, 1970.
20. Communication from J. L. Kellerman, Chief Building Inspector, regarding
the conduct of the Rifle Club iehich uses the basement of City Hall was con-
tinued to March 2, 1970.
21. R. D. Miller, Administrative Officer, announced the appointment of
Mrs. Alice Allen Dopp to the position of Senior Librarian to be effective
February 16,-1970, at Step 1, subjecIr to a one -year probationary period.
22. On motion of Councilman Miller, seconded by Councilman Spring, the
following salary step increases were approved. Motion carried.
Brown, Nancy - Typist Clerk II
From Step 1 or $390 to Step 2 or $410
Gerety, Paul - Planning Assistant
From Step 1 or $660 to Step .2 or $697
Crandell, Shirley - Stenographer
From Step 1 or $435 to Step 2 or $460
Leo, Phillip - Maintenance Man I
From Step 1 oe $435 to Step 2 or $460
23. On motion of Councilman Blake, seconded by Councilman Spring, the following
resolution was introduced. RESOLUTION NO. 2013, a resolution creating a revol-
ving account for preliminary expenses in connection with Highland Drive Assessment
District proceeds.
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
26. Communication from the San Luis Coastal Unified School District offering
to grant to the City of San Luis Obispo, title to the creek area along San Luis
Drive between California Boulevard and the railroad bridge. This offer was
being made as.the school district is considering the sale of a lot on the
corner of California Boulevard and Marsh Street and felt the City would be
interested in obtaining title to the creek area.
On motion of Mayor Schwartz, seconded by Councilman Miller, that the City
accept the offer of the school district for the title to this land. Motion
carried.
27. The following memorandum was submitted from the Planning and Building
Department regarding the final payment for the Police Facility:
A reinspection of the Police Facility was held February 9, 1970, at
9:00 A.M. to verify compliance with the electrical, mechanical and
plumbing systems. At that time there were nine (9) items that had
not been resolved satisfactorily.
As of today the five (5) items listed below remain to be resolved.
It is recommended that the City withhold $1000 from final payment
to the architect and $2,000 from final payment to the general con-
tractor.
City Council Minutes
February 16, 1970
Page 14
1. The filters are dirty and need changing (have been.cleaned but
not replaced). (Res.ponsibility of contractor)
2. Lock devices not installed on circuit.breakers. (Responsibility
of contractor)
3. Carpeting problems have not been resolved. (Responsibility of
contractor)
4. Lock and key problems have not been resolved. (Responsibility
of contractor)
5. Plaque. (Responsibility of contractor)
On motion of Councilman Miller, seconded by Councilman Graham, the final
contract payment to the architect and contractor on the Police Facility
was approved subject to the withholding of $1,000 from the architect's fee
and $2,000 from the contractor's fee subject Co the filing of the notice
of completion. Motion carried.
28. The City Council adjourned to executive session to discuss property
acquisition involving possible litigation.
29. On motion of Councilman Blake, seconded by Councilman Miller, the
meeting adjourned.
• F T. ICK, CITY CLERK
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APPROVED: March 9, 1970
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