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HomeMy WebLinkAbout08/17/19701 1 Pledge Roll Call Present City Staff Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA August 17, 1970 - 7:00 P.M. City:Hall Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz R. D. Miller, Administrative Officer; H. Johnson, City Attorney; J. H. Fitzpatrick, City Clerk; R. D. Young, Planning Director; J. Stockton, Park and Recreation Supervisor; D. F. Romero, City Engineer; Elton Hall, Fire Captain; Don Englert, Police Captain. CONSENT ITEMS. The following items were.approved or resolved on motion of Councilman Blake, seconded by Councilman Graham: A. Council approval :of.minutes from the City Council meetings of June 15, 23, 16 and 29; and July 6, 13 and 15, 1970 were.continued at the request of Councilman Miller. B. The presentation of the inventory of City property as of July 15, 1970 by R. D. Miller, Administrative Officer, was received and filed. C. The following salary step increases were approved, effective on September 1, 1970: . Bourne, Thomas - Maintenance Man 11 From Step 3 or $584 to Step 4 or $612 Brown, Nancy - Typist Clerk II From-Step-2 or $438 to Step 3 or $466 Dopp, Alice - Senior Librarian From Step 1 or $612 to Step 2 or $648 Leo, Phillip - Maintenance Man I From Step 2 or.$492 to Step 3 or $518 Gerety, Pat - Planning Assistant From Step 2 or $746 to Step 3 or $792 Gosselin, Ramon - Fireman (Inspector) From Step 4 or $792 to Step 5 or $834 Hall, Judith - Dispatcher -Clerk From Step 3 or $492 to Step 4 or $518 Bishop, Carlton - Heavy Equipment Operator From Step -1 or $552 to Step 2 or $584 D. The Council approved a request for sick leave in excess of five days for Linda C. Healy, Police Department. E. R. D. Miller, Administrative Officer, announced the appointment of Gerald Bedford, as Janitor, beginning August 16, 1970 at Step .1 or $438 per month. F. A communication from the Director of Parks and Recreation forwarding planning standards for recreational areas and facilities approved by the Commission was continued to the joint study session with the Park and Recreation Commission. City Council Minutes August 17, 1970 Page 2 G. Report of the City Clerk on Bids received for the Street Resurfacing Project, City Plan No. 24 -70: C. S. Construction Company $37,614.00 M. J. Hermreck, Inc. $38,244.05 Madonna Construction Company $40,934.00 Burke Construction Company $421150.50 Sully - Miller Contractors $44,734.35 Wesley G. Watkins Construction. $44,936.00 ENGINEER'S ESTIMATE $42,040.00 The City Council accepted the low bid and awarded the contract to C. S. Construction Company. H. Report of the City Clerk on Bids received for the STorm Drain Improvement Project, City Plan No. 28 -70: West Coast Construction Co. Fred Julien & Associates Madonna Construction Co. Burke Construction Company Wesley G. Watkins Construction Hi -Way Contractors, Inc. M. J. Hermreck, Inc. Cushman Contracting Company ENGINEER'S ESTIMATE $22,716.15 $24,756.72 $25,076.00 $26,070.00 $28,363.00 $31,707.00 $34,895.50 $42,820.05 $24,427.25 The City Council accepted the.low bid and awarded the contract to West Coast Construction Co. I. Report of the City Clerk on Bids received for the California Boulevard Widening Project, City Plan No. 5 -71. Burke Construction Company M. J. Hermreck, Inc. Walter Brothers Construction Madonna Construction Company Wesley G. Watkins Construction Harold D. Peterson ENGINEER'S ESTIMATE $20,347.60 $23,169.40 $23,543.00 $23,648.00 $28,221.00 $35,227.00 $23,840.50 The City Council accepted the low bid and awarded the contract to Burke Construction Company. J -1. Council consideration of the appointment of members.to the Citizens Advisory Committee was continued to September 8, 1970. J -2. Council consideration of the appointment bf members to the Design Review Board was continued to September 8,!1970. K. E. P. Thompson, Director of Water Services, requested permission to advertise for a chlorinator for Stenner Reservoir. The City Council authorized Mr. Thompson to call forbids on a chlorinator. 1 1 1 City Council Minutes August 17, 1970 Page 3 L. The following contract payments were approved and ordered paid: Walter Brothers Construction Est. #2 $1,092.96. Sewage Plant Sludge Removal City Plan 1 -71 Walter Brothers Construction Est. #3 $ 303.60 Sewage Plant Sludge Removal (Final) City Plan 1 -71 M. Recommendation from the Planning. Commission on their accepted alternate route for a major street from Higuera Street over the Southern Pacific Rail- road right of way to Bishop Street was received and continued to a joint session with the Planning Commission. 1. On motion of Councidbman Graham, seconded by Councilman Miller, the follow- ing ordinance was introduced and passed to print. ORDINANCE.NO. 499, an ordinance levying a tax for the current 1970 771 fiscal.year' upon all taxable• property within the City of San Luis Obispo and fixing the rate of such tax. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Sp.r,i)ng, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 2. At this time the. City Council - considered the final passage. of ORDINANCE NO. 498, an ordinance amending the Official Zone Map 6f,the City of 'San.Luis Obispo, rezoning property.at the corner.of Los Osos Road and Madonna Road extended. Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Spring, the following ordinance was finally passed...ORDINANCE NO. 498, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (to rezone property at the corner of Los Osos.Road and Madonna Road extended.) 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 3. At this time the City Council continued.their consideration of the.possible revocation of the PD R -2 zoning for.3217.Johnson Avenue, Mission Development Company. Councilman Blake reported that the Council had met on August 10,1 970, to con- ' sider the revised precise plan for the PD R -2 zoning on Johnson Avenue. He continued that the revisions which included increasing the size of the recrea- tional area, the acceptance of.a new .landscaping plan and a re- orientation of the buildings, would-be more in line with the approve preliminary plan. Further, he continued, the Council received on August 10,,1970, the complete documents required for a planned development 'under the City ordinance. He stated that he felt that the revised plans for the development had met all of the Council's objections and felt that the developer should be allowed to proceed with his construction. City Council Minutes August 17, 1970 Page 4 Councilman Blake felt that Councilman.Spring, at the August 10 meeting, wanted some additional time to study the revised plans. Therefore, Councilman Blake suggested that the City Council now accept the revised plans for the planned development and that they be approved subject to the filing of the easement easterly of the development. He stated that the Council study committee did not like the way this planned development-was processed by the City without receiving the documentation and plans required under the Planned Development Ordinance, but felt that due to this oversight on this development, future planned developments would meet the requirements of the Municipal Code.or they would not be accepted by the.staff for filing. R. D. Young, Planning Director, presented to the City Council various square foot figures showing that.the revised precise plan was.now substantially in agreement with the approved preliminary plan. He also reported that the Planning Commission-had studied the, revised precise plan, approved.it, and recommended that the City Council also approve the revised plan. Mayor Schwartz stated he saw the.Council.'s action on this matter as the following alternatives: 1. Decide that the revised plan the precise plan and revoke 2. Decide that the revisions do and approve the revisions; 3. Take no action and allow the original precise plan. does not comply substantially with the zoning; comply with the preliminary plan developer to proceed with the H. Johnson, City Attorney, felt_that.with all the.hearings that had been held on this matter that the Council should take some action to either approve or disapprove in order to clear up the situation. Mayor Schwartz stated that the Council must determine and take action on whether the revised plan was substantially in accord with the approve pre- liminary plan. Nat Colby, 3111 Richard Street, stated that he and hi;s neighbors were still objecting to the approved precise plan for this development as they felt it was substantially different from the plan approved by the City Council. -He continued that the property owners in the area felt that the over -all area of the planned development was smal'ier than that approved. They also felt that the area set aside fbr 'recreation and open space had been substantially reduced on the precise plan. Further, they felt that the parking area and driveways were too steep and dangerous for. adequate use by the tenants. They also felt that the precise plan' had increased the' number of bedrooms to be constructed on this property over the number approved on the prelim- inary plan which they felt increased the density of the development. Further, the neighbors objected to row housing shown on the precise plan and not cluster housing as was approved on the preliminary plan. They still felt that the pre- cise plan was substantially different from the preliminary plan and they hoped that the City Council would revoke the present PD R -2 zoning and then hold hearings on a new planned development for the property. Don Stickler, developer, stated that some of. the. problems and confusion in the area between the various plans were caused by survey errors in the property description. He then explained that he felt that the plot plan of the build- ings on the development showed that the apartments were a modified cluster development. Rose Mc Keen., 3110 Richard,.objected_ to the landscaping plan submitted by the developer and urged that the City Council require.the replacement of the large trees for the development in order to'so.ften and hide the buildings being planned for the development. She also requested that the City Council would require the planting of native plants and shrubs in the area. H. Hoffineister, Karlskint -Crum, stated that existing trees that could be. saved would be and that native shrubs would be spotted in the area in addition to planting of low plants for ground cover. 1 1 1 City Council Minutes August 17, 1970 Page 5 Mayor Schwartz declared the public hearing closed. D. F. Romero, City Engineer, reported that he had this date received the final. grading plans from the developer and now felt they were in order and could be accepted by the.Council. He. pointed out again that the driveway and parking areas were very steep, however since they meet standards adopted by the City, he had to accept them. Councilman Spring stated that after reviewing the revised plans for the de= velopment he was now satisfied that they were substantially in agreement with the preliminary plan. Councilman Graham stated that he was now opposed to the precise plan behng shown to the Council due to the change to row housing as he felt that he had approved cluster housing when he voted for the preliminary plan. Mayor Schwartz asked if the City could cond.i•ti!on the approval of the revised precise plan so that it would be subject to the recording by the developer of the landscape easement on the easterly boundary of the property. H. Johnson, City Attorney, stated that the Council could so condition their approval. On motion of Councilman Miller, seconded by Councilman Spring, that the City Council approve the revised precise plan of the Mission Development Company for the PD R -2 zoning on Johnson Avenue on condition that the landscape ease- ment be acquired and recorded. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 4. At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the Zoning Ordinance by adding Section 9200.41, "T" Mobile Home Park Zone. R. D. Young, Planning Director, presented the recommendations of the Planning Commission stating that the Planning Commission felt there was a need for a Mobile Home Park.Zone to be added to the Zoning Ordinance to provide accomo- dation for residential trailers within the community. He continued that the Planning Commission also felt that the classification "trailer court" should be deleted as a permitted use in the R -4, R -0 and R -C districts. They further felt that the proposed trailer park zone provided for development standards that were intended to.assure that future mobile home parks would be compatible with adjacent development in the neighborhoods in which they were located. R. D. Young then read for the City Council's benefit the standards adopted for the "T" zone. Mayor Schwartz declared the public hearing open. Charles Evert asked how this new .proposed mobile park ordinance would affect presently operating and developed trailer parks. R. D. Young, Planning Director, stated.that this ordinance would have.no affect on existing parks,.just on newly deve.loped 'parks. Mayor Schwartz.declared the public hearing.closed. Councilman Spring stated that his first look at this ordinance was that the entire City could be developed to mobile home parks which he felt would be detrimental to the City and he felt that the mobile home parks should be in a designated area. City Council Minutes August 17, 1970 Page 6 Councilman Miller stated that he was opposed to the conditions of the proposed ordinance as.he felt that the conditions were too restrictive.for development of mobile home parks. He continued that he felt a mobile home park with a use permit should be allowed in any zone except R -1 and R -2.. He stated that he would support action to relax the requirements as proposed by the City Planning Commission. Mayor Schwartz suggested that the City- Council meet with the Planning Commission to discuss the 'IT" zone with them as he had several questions also, regarding standards, etc. On motion of Councilman Blake, seconded by Mayor Schwartz, the Council con- tinued this matter for a joint session with the Planning Commission. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron.Graham, Arthur.F. Spring, Kenneth E. Schwartz NOES: Donald Q. Miller ABSENT: None 5. At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the Zoning Ordinance to reduce interior yard setback in the "M" District. R. D. Young, Planning Director, presented the recommendations of the Planning Commission which was that the Commission was of the opinion that the setback for interior yards were too restrictive in instances where the "M" district abuts a C -H district or other commercial zone. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the amendment. Mayor Schwartz declared the public hearing closed. The City.Council amended the recommendation of the Planning.Commiss ion to require a fifty (50) foot setback when the "M" zone abuts other commercial districts. On motion of Councilman Blake, seconded by Councilman Sprinq,.the following ordinance was introduced and passed to print. ORDINANCE NO. 500, an ordinance amending the Zoning Ordinance of the City of San Luis Obispo, to reduce in- terior yard setback in the "M ".district. Passed to print on the following roll call vote: AYes; Emmons Blake, Myron Graham, Arthur F..Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 10. Communication from the Visual Arts Guild requesting that the City Council formally consider and make a statement for the record as to their intention and the extent of their participation in the Visual Arts Guild program previously presented to the Council. The.Visual Arts Guild continued.that they had attempted to enjoin several non - profit organizations to sponsor the work of the Guild but have failed due to the unstated intentions of the City Council in its plans for including works of art in the community. The Visual Arts Guild continued that it was their belief that they should be a part of the City administration under the direction of one of the existing departments or under the supervision of an appointed commission. L_ FJ City Council Minutes August 17, 1970 Page 7 Mr. Hart Goodman, advisor to the Visual Arts Guild, stated that they have attempted to procure sponsorship for their organization but for various reasons these groups could not undertake sponsorship. Therefore they had come back to the City Council for sponsorship of their program. On behalf of the Visual Arts Guild, he requested that the City Council appoint the Guild as some type of art commission so they could operate within the City organization and receive City finances. He continued that the City must now take some action so the Visual Arts Guild could take over the beautification of the Mission Plaza with large objects of art. He continued that the Visual Arts Guild had several unproductive sessions with Richard Taylor, the City's Mission Plaza Project architect and Mr. Goodman felt he was unaware of art in any form and its effect on the Mission Plaza. Mr. Goodman continued that he had been promised large sums of money for develop- ment of art objects for the City but until the City Council took an affirmative action in turning the art over to the Visual Arts Guild, he could not get the funds nor could he give the names of the contributors. He strongly urged the City Council to take action and move ahead in this problem to support the young people in this community who will be.learniing the manufacture of art objects while still at home. He felt that these young people had much to contribute toward developing a beautiful community. H6.suggested that the Visual Arts Guild could be placed under the direction of the Recreation Department. Mayor Schwartz explained. that the Council committee met with representatives of the Visual Arts Guild regarding their original request, for sponsorship and at the suggestion of the City Council the Visual Arts Guild was asked to associate themselves with other art oriented organizations in the community so that they could represent themselves for City projects. Based on Mr. Goodman's statement and a letter from the Visual Arts Guild, it now looked as if no other organization could see its way clear to sponsor the Guild and the issue before the Council was whether the City wished to take on the program of supporting this art associ- ation as part of the City government.. Mayor Schwartz continued he felt that the Visual Arts Guild should incorporate and become separate and then bid on works of art for the City as they were advertised. He continued that he was afraid that if the City were to sponsor the Visual Arts Guild then the City would be required to have all art work designed and made by the Guild and this would tie the hands of the City where they could not take advantage of other artists who might have something to offer the. City. Mr: Goodman answered that the entire program was not for artists or others in the community but was to give knterested young people something to do with art and sculpture. He further stated that funds needed to develop these projects would come from sources.outside the City, and that no City funds would be involved except for printing, accounting, postage, etc. He felt that works of art produced by the Guild would become national tourist attractions. Councilman Graham suggested that perhaps the place to put the Visual Arts Guild personnel would be under the direction of the Parks and Recreation Commission and Department or assign the group.to the Design Review Board. H. Goodman again urged that the City Council appoint an art commission and turn the acquisition and design of art objects for the City over to the art commission and its staff. Councilman Blake stated that the origi.nal request by the Visual Arts Guild in their six proposals for Council adoption involved expenditures of City funds and he felt that items 1 through 5 should be turned down by the City Council due to the unknown cost involved in developing a program of this nature. He continued that he felt the City .Council could support item 6 of their request which was to advertise the Visual Arts Guild as a community art. organization. He felt that the Visual Arts Guild should strike out on their own as the Art Association and Qivic and Fine Arts Associat,bon had done with some cooperation from the City on specific projects but he did not feel that the City Council should take over their entire operation. H. Goodman stated that the City needs an art association in order that interested artists could guide the City to a more beautiful future. City Council Minutes August 17, 1970 Page 8 Councilman Miller stated that he agreed with Mr. Goodman's comments regarding trying to do something for the young people of San Luis Obispo. He felt that by taking them into the City organization, the young people would be achieving a goal of being a part of the "Establishment". He continued that he would support the-appointment of an art commission so that these young people could acquire outside money from foundations and organizations to develop art objects for the community. Councilman Graham urged that the Visual Arts Guild go to the City's Design Review Board with their objectives and their goals. Miss Blank, artist, appeared before the Council stating she did not feel that any national organization would grant funds to untried and unknown artists and sculpturers but would only grant funds to recognized artists and artist groups. Mayor Schwartz stated that he felt that the City should try to attract works of art for the City but he felt that as a member of the, City Council' he must be aware that the City would be entering contracts with private artists for works of art on a competitive basis and that the proposal of the Visual Arts Guild would prevent the City Council from holding this type of competition; it would be committed to the local art group. He did agree that perhaps the Design Review Board would be the City's vehicle to get the program started for this organization. Councilman Graham urged that the City Council cooperate with the young people in the community in this art .proposal. On motion of Councilman Graham, seconded by Councilman Miller, that the Council request the Design Review Board to review the .Visual Arts Guild's proposals and make recommendations to the City Council if they felt they should be imple- mented. Motion carried on the following roll call vote: AYES: Myron Graham, Donald Q. Miller, Kenneth E. Schwartz NOES: Emmons Blake, Arthur F. Spring ABSENT: None 9:25 P. M. Mayor Schwartz called a recess. 9:35 P. M. the Council reconvened with all members present. 6. At this time the City Council held a public hearing on the appeal of Arnold Volny on a denial by the Planning Commission on a sign at 1960 Broad Street. R. Young, Planning Director, presented the following reasons for denial. of the variance by the Planning Commission: (1) The applicant is requesting a variance ft. yard.setback. At such time as Broad St the Major Street and Highway Plan, the sign public right -of =way. (2) The Commission was of the opinion that applicable to the size, shape or topography the granting of the variance. to allow a sign in the required 10 reet is widened in accordance with would project several feet over the there are no unusual circumstances of the property that would justify D. F. Romero, City Engineer, stated.that full compliance with both the street widening and zone setback provisions would place the face.of the sign 20 feet back of the present property line. Mayor Schwartz declared the public hear ing.open. A. Volny reported to the City Council that since he had discovered that his sign was in the proposed building setback line if and when the street were widened, he had been informed by the City that they were no longer acquiring setback property. He continued that he contacted the Division of Highways and they still have not chosen a complete plan for widening but that they have three alternatives: (1) 10 feet equal take on both sides of Broad Street; or LJ LI 1 City Council Minutes August 17, 1970 Page 9 (2) 10 feet take on the north and 20 feet take on the south side of Broad Street; or (3) No take on the north. side but a 30 foot take on the south side. Mr. Volny continued that the Division of Highways informed him that the.decision would not be made for three to seven years in the future, and that until the decision is made and the street widened, he:would like.to leave the sign in place as he felt it was needed for his business. He then presented colored slides showing the existing sign from across the street, approaching from the east and from the west, and from adjacent properties. He continued that he did not feel that the small encroachment was any detriment to the adjacent property owners. He then listed for the Council's information a number of signs in.the same area that actually were over the public right of way to a greater extent than his sign. R. Young, Planning Director, stated that the fact that there were other non- conforming signs in the general area of the Volny property was considered by the Planning Commission, but they did not feel that i.t made.any difference in granting Mr. Volny a variance. Councilman 81ake stated that he had looked at this.property, at the si.gn, and at the general neighborhood and felt that this sign qualified for a variance on the basis: (1) that there were exceptional circumstances applying to the site; (2) that the variance did not constitute a granting of special privilege to.. this property owner; (3) that the granting of such application did not adversely affect the health, safety, or welfare of persons residing or working in the general area. On motion of Councilman flake, seconded by Councilman Spring, that the sign variance be granted to A. Volny on condition that upon widening of the street or removal of the adjacent trees to the west that the sign would then be made to conform. Motion carried with Councilman Graham and Mayor Schwartz voting no. 7. At this time the City Council held a public hearing on the formation of Yoakum No. 2 Assessment District to supply sewer and water on the east side of Edna Road between Orcutt Road and the creek. D. F. Romero, City Engineer, presented sketches of the proposed district, of the properties involved and of the scope of the work to be accomplished under the district. He stated that plans and specifications were ready and could be put to bid at any time. Mayor Schwartz declared the public hearing open. Mayor Schwartz read off the name of each property owner asking if he were present and if he was for or against the district: FOR: J. C. Anderson, L, Bines, M. C. Netto, A. C. Jones AGAINST: M. V. Chaves,.V. Hansen ' Mrs. V. Hansen objected to being forced into this special assessment district due to the high cost involved and the fact that she did not need either sewer or water improvements. She also informed the City Council that after contacting the Division of Highways she learned that they would be taking a large part of her property on Edna Road and also a large portion off the Orcutt Road frontage for street widening and she did not feel that she should pay for property to be served by utilities when 1/3 of the land will be taken away from her. She asked that she be excluded from the district. City Council Minutes August 17, 1970 Page 10 D. F. Romero, City Engineer, stated that due to the small size of this assess- ment district and the high cost of overhead to form the district, many of the property owners felt that they were now adequately served by the water system and would rather not have that included in the district but did iiish to be included for sewer service. He continued that the City had three alternatives regarding this district: (1) To proceed with the full formation of the district; or (2) To drop Standard Oil, Hansen and Chaves properties; or (3) To develop the sewer improvements only. Councilman Miller suggested that the district should be formed and that the City bank -roll the project in order to keep the-cost down and include only .the area from the Bakke property east in the district. D. F. Romero, City Engineer, stated that the estimated cost of the full district for sewer and water would be $32,000 but.that for the reduced project the cost would be about $16,800. On motion of Councilman Blake, seconded by Councilman Graham, that the City proceed with the sewer installation, drop Standard Oil, Hansen and Chaves properties and that the special bond attorney be authorized to proceed. Motion carried. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced; RESOLUTION NO. 2085, a resolution establishing a $500 fund for the Yoakum No. 2 Assessment District. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring Donald Q. Milder, Kenneth E. Schwartz9 NOES: None ABSENT: None 8. Communication from Garfield Arms Apartments.questioning charges for garbage service at the apartments and a communication from Madeliene.Hoffman. appealing for special consideration for garbage collection for single people living alone. On motion of Councilman Blake, seconded by Councilman Spring, that the matter of these communications be referred to the Council Garbage Study Committee for recommendations and report to the Council. Motion carried. Councilman Graham urged the Council Committee to look into the collection fees for single people living alone. 9. Councilman Miller reported for the Council committee studying the-transient- hitchhiker problem stating that the committee had met and recommended that three pick -up points be developed for transients moving out of the community. Police Captain En lert reported that since the complaints had been received regarding the hitchhikers that the Police had noticed fewer hitchhikers at the various pick -up points.in the community which had lessened the problem. He. felt that with the start of school many of the transients were heading home: He continued that the Police had been keeping a particular eye on the inter- section of Osos Street and Highway 101 and when the hitchhikers were in the motel entrance, they had asked them to move away from the entrance, and to date the hitchhikers had been very cooperative. Mayor Schwartz reviewed the committee's recommendations and stated that the City Council must now decide whether they wished to put in the improvements for the hitchhikers as recommended by the committee or leave things alone and see what happened. City Council Minutes August 17, 1970 Page 11 R. Dunin, President, Motel Hotel Association, urged that the City Council give this matter more study before making any decisions regarding the transient problem. He continued that the Motel Hotel Association had contacted many other communities to see how they handled the situation and hoped that the City Council would hold off until this information'is available and could be reviewed with a Council sub - committee: The matter was continued for a report by the Motel Hotel Association to the Council sub - committee. 11. Communication from the Downtown Association requesting that the City Council consider granting funds so that personnel could be hired to keep the County Museum and the Old Mission Museum open later in the evening during the summer months for visitors to the community. The Downtown Association felt that the City invited people to the community but there was nothing for them to see after the two museums close. Robert Leitcher stated that he was in support of the proposal to use City funds to keep the two museums open and available for visitors to the City. He also felt that tourism was the City's greatest asset and that by encour- aging visitors to our old buildings, we would help the over -all economy of the community. He continued that he felt that the City and County government should take the lead in providing funds to keep the two museums open for longer hours during the summer months. Councilman Blake suggested that this matter be referred to the City's Promotional Coordinating Committee for study and recommendation in the over -all promotional budget for the City. Mayor Schwartz rem ;i >nded the City Council that the Old Mission Museum was private property and operated as a Church property.. He also stated that this evening's newspaper printed a letter from a member of the lay board of the Old Mission Church rejecting the proposal to keep the Mission Museum open in the even.ings. The request of the Downtown Association was referred to the Promotional Coordinati-ng-Committee for study and recommendation. 12. The Design Review Board has reviewed the proposed plans for a replica of . the water wheel that was located in the Mission Plaza. It was the Board's unan- imous recommendation that the request for,this water wheel be denied for the following reasons: 1. The proposed wheel might not be functional. 2. The proposed location, adjacent to the Murray Adobe, would be too constricting. 3. The proposed wheel would look unatural. 4. The proposed development of the site (grading, drainage, and water supply) would be too expensive for the City. Mrs. Rose Mc Keen, Soroptom1st Club, stated that the group was interested in erecting the old water wheel and grist mill on the Mission Plaza and hoped that they could be placed somewhere near the former location. The group felt that this was an historical asset that should be recreated for the benefit of the citizens of the district. She continued that.while the water wheel would not be authentic it would be an interesting historical addition to the Mission Plaza and she hoped that the City Council would keep an open mind on its development. Mrs. Bilodeau stated that she had very strong feelings about the Murray Adobe and the.grist mill and water wheel which.were originally part of the Murray property. She hoped that the City Council would reverse the decision of the Design.Review Board and place the water wheel in the Mission Plaza. She listed some of the past history connected with the-Murray Adobe which would be of great interest to local citizens and visitors alike. Mayor Schwartz stated that a,t was his understanding, that the'Design Review-Board did not reject the water wheel and grist mill for the Mission Plaza but only rejected this particular design and the arbor attached to it. City Council Minutes August 17, 1970 Page 12 It was suggested that the representatives from the Soroptom.1st Club and the Historical Society meet with the Design Review Board and review other proposals for recreation of the water wheel and grist mill on the Mission Plaza. 13. Communication from Paragon Homes, Inc. requesting that the City Council accept the off -site improvements in Tract No. 374. D. F. Romero, City Engineer, stated that to date the work had not been com- pleted and requested that the matter be held over until the work had been completed and that the matter be dropped from the agenda until completed. The Council concurred in-the Engineer's request and the matter was held over until such time as the improvements are completed. 14. Communication from the City Engineer forwarding a list of properties that have been posted for correction of drainage.channel obstructions. The work specified had not been completed to date and he requested that the City Council indicate whether they wished to have-the work done by contract or accomplished by City forces. He requested a decision as soon as possible so the work might be completed prior to the winter rains. The properties under discussion were: Piantanida 1010 Nipomo Street Fill Hazard 546 Higuera Street Fill Barneberg 531 Dana Street Hog wire . and chain Gracia 374 Broad Street Wire andcpipe wall Boriack 172 Broad Street w9r Late(-al hru drainage pipe Cole 1041 Higuera Street Concrete columns supporting building Leitcher 1027 Nipomo Street Poplar trees and rock walll Communication from S. V. Cole regarding creek obstructions at 1041.Higuera Street which stated that he agreed with the City Council that some work must be done to clear the channel and he asked that the City Council design and prepare the specifications to repair and to remove the obstructions. Secondly, Mr.. Cole asked the City Council H payment for the abatement could be worked out with the City making the cost of the work a lien against the property with payment over a period of several years. On motion of Councilman Blake, seconded by Councilman Miller, that the City Engineer be authorized to prepare sketches and specifications to abate the flooding problem on the Cole property%wlhth'.the City attorney to work out:the legal details. Motion carried. H. Johnson, City Attorney, reported that he had prepared the necessary legal documentation but had not as yet met with Mr. Hazard's attorney regarding the obstruction on the Hazard property. On motion of Councilman Graham, seconded by Councilman Miller, that the.list of incompleted drainage violations be referred to the City Attorney and the City Engineer for detailed report on legal and engineering solutions for each incomplete drainage problem. Motion carried. 15. Communication from the attorney for San Luis Obispo Savings & Loan Ass'n., 1020 Marsh Street, expressing their concern with potential flood problems existing on property adjacent to their building and hoping that the City would proceed with correction prior to the next rainy season, was.referred to the City Attorney to write and notify Mr. McWhinney of the action being taken by S. V. Cole, owner of the subject property. 16. Communication from D. F. Romero, City Engineer, to the California Regional Water Control Board regarding the City's sewage treatment plant, was ordered received and filed: 17. Communication from the City Engineer proposing the list of items to be covered in the consultant's proposal for Sewage Study for the City of San Luis Obispo and for the appointment of a technical committee of engineers to review the proposals submitted and qualifications of the firms making proposals. 1 1 City Council Minutes August 17, 1970 Page 13 On motion of Councilman Blake, seconded by Councilman Graham, that the City. Engineer's proposal be adopted and he be ordered to proceed. Motion carried. 18. Communication from the City Engineer stating that prior to conducting storm drainage channel improvements in the Foothill- Cuesta Drive area;one year ago, the.City Council requested that the City receive signed agreements from property owners abutting the channel being constructed to place a five -foot high fence to discourage climbing into'the drainage ditch. As of this date only one of the five property owners who.signed the agreement had installed a satisfactory fence. The purpose of the letter was to inquire whether the City Council wished the same approach used'in.those.portions of the storm drainage channel which would be improved during the summer of 1971. The Council directed the City Engineer to consider the same conditions of re- quiring property owners to fence the drainage channel and to.go back on the ones who.had not completed their fences in accordance with their prior agreements. 19.. Communication from Lane Wilson, Park Foreman, forwarding to the City Council a recommendation of the Street Tree Committee for work on the trees on Branch Street between Broad and Beebee Streets. The Tree Committee con- sidered three alternatives: 1. Raise lower limbs over road for travel clearance. 2. Raise lower limbs over road for travel clearance, balance over yards; remove major hazards and cross limbs and lightly thin. 3. Complete safety pruning; raise lower limbs for road clearance; balance and shape trees. Remove all cross limbs and thin all heavy ends, leaving thin.but retaining tree structure. This work should correct old trimming and breakage. Remove dead stubs and stubby limbs. Treat old cuts and seal all cavaties with tree seal. After study, the Tree Committee felt that Alternate No.. 3 would be the best and r'�ecommended that the City Council call for bids on this Alternate. On motion of Councilman Miller, seconded by. Cou nc i I man. B I ake, the Park Department was authorized to call for bids on Alternate No. 3. Motion carried. 20... Communication from the.Street Tree.Committee recommending to the City Council that a $1.00 per linear foot.of lot frontage in.new subdivisions be assessed'for the planting of street trees and the City would then assume responsibility of planting by contract as soon as the basic subdivision improvements were made. The Committee also recommended that a minimum size of 15- gallon stock be required for subdivision trees. On motion of Councilman Graham, deconded by Councilman Miller, the following resolution was introduced. RESOLUTION NO. 2086, a. resolution adopting a revised street tree policy. 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 . 21. The City Council, at the request of Councilman Spring, discussed the re- quirement of installing curbs, gutters and.sidewalks on the west side of Broad Street between .101 Freeway and Serrano Drive. Following discussion of the matter, it was.continued to enable each member of the City Council to observe this problem in the field. 22.: The City Council, at. the request of Councilman Mil.ler,'considered the re- quirement of installation of curbs, gutters and sidewa.lks on Archer Street between High Street and Pismo Street and on the south side of Johnson Avenue east of Sydney Street. City Council Minutes August 17, 1970 Page 14 Counci_Iman Miller explained the reason for requesting the improvements on Archer Street was'that the street was presently improved and low, and due to the absence of curbs and gutters, winter rains lay in puddles causing discomfort and incon- venience to the residents and property owners. On motion of Councilman Mill.er,.seconded by Councilman Spring, that the City Engineer prepare a report to require curb, gutter and sidewalk installation. Motion carried, Council.men Graham and Blake voting no. In the matter of curbs, gutters and sidewalks on.Johnson Avenue on the south side, east of Sydney Street, Councilman.Miller explained that most of the properties were improved with curbs and gutters and some with sidewalks and he felt the City Council should require completion of the. project. On motion of Councilman Miller, seconded.by Councilman Spring, that the City Engineer proceed under the 1911 Act to require curbs, gutters and sidewalks on the south side of Johnson Avenue between Sydney Street and Laurel Lane. Motion carried. 23. Communication from S. B. Stornetta regarding purchase.by the City of his rpoperty at the corner of Prado Road and South Higuera Street was referred to Mayor Schwartz to contact Mr. Stornetta regarding the purchase of a portion of the property. 24. Communication from State Senator R. Collier again asking that the City of San Luis Obispo adopt a resolution opposing the diversion of State gasoline taxes to other uses'w'as ordered received and filed. 20. Memorandum from the.Design Review Board requesting Council authorization to paint public signs, frames, supports, etc. with a test: color (Sorrento Olive) at selected intersections within the City. The City Council had no objection and authorized the Design Review Board to pro- ceed with one intersection. 26. The tentative map, of Tract No. 400, EI Camino Estates, was presented to the City Council for their information. D. F. Romero, City Engineer,,presented the. map and the conditions applied to the subdivision by the Planning Commission (23 conditions). The City Council had no objections to the tentative map or the conditions set by the Planning Comm i ss'i on. 27. On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2087, a resolution 'regarding retire- ment of Lyle Carpenter. 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 28. On motion of Councilman Miller, seconded by Mayor Schwartz, the following resolution was introduced. Resolution NO. 2088, a resolution opposing Assembly Bills 1000 and .1001, the so- called'Tax Reform Bill. Passed and adopted on the following roll call vote: AYES: Donald Q. Miller,'Myron Graham, Kenneth E. Schwartz NOES: Emmons Blake, Arthur F. Spring ABSENT: None 29. On motion of Councilman Blake,.seconded by Councilman Spring, the meeting adjourned to August 24, 1970 at 7:30 P.M.. APPROVED: �� =i• ;