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HomeMy WebLinkAbout02/16/19701 1 1 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. 9 i L 1 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. 1 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. Fj 1 r 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. 1 1 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 ei'' . APPROVED: March 9, 1970 1