HomeMy WebLinkAbout09/08/19701
City Council Minutes
August 24, 1970
Page 8
The matter of the weed abatement problem was referred to Councilman.Spring,
Gene Lawn and the Fire, -Chief for anon -site inspection and the Fire Chief
was to submit a report to the City Council.
10. On motion -of Councilman Graham, seconded by Councilman Blake, the
meeting adjourned.
J. H. Fitzpatrick, City Clerk
APPROVED: October 19, 1970
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
SEPTEMBER 8, 1970 - 7:00 P.-M.
CITY HALL
Pledge
Roll Call
Present: Emmons Blake, Arthur F. Spring, Donald Q. Miller,
Kenneth E. Schwartz.
Absent
City'Staff
Myron Graham
Present: R. Young, Planning Director; J. H. Fitzpatrick, City Clerk;
J. Stockton, Supervisor of Parks and Recreation; H. Johnson,
City Attorney; R. D. Miller, Administrative Officer;
D. F. Romero,.City Engineer; L. Schlobohm, Fire Chief;
E. P. Thompson, Water Director
--------------------------------------------------------------------
C -1. Council approval of the minutes of July 20, 1970 was continued
C -2. The City-CounciI approved the appointment of -the following persons to the
Citizens Advisory -Committee to complete•unexpired terms: •Geo•rge Bettencourt,
Mrs. Maxine Howell and Robert Newhart.,
Council consideration -of the appointment of members to the Desi.gn - Review Board
was continued.
C -3. Report of the City Clerk on bids received for the Andrews Street Bridge
Modification, City Plan 7 -71.
Burke Construction Co. $2;914:00
R. McGray, Inc. $3,348.00
Wesley Watkins = $3;391.00
Walter Bros. Construction $5,481.00
ENGINEER "S ESTIMATE $2,500.00
The City Council accepted the low bid.and awarded the contract to Burke
Construction Company.
1
City Council Minutes
September 8, 1970
Page 2
C -4. Report of the City Clerk on bids received for a CHLORINATOR FOR STENNER
RESERVOIR.
Fischer & Porter Company $2,600.00
Wallace & Tiernan Company $2,700.00
Capital Control Company $1,900.00
E. P. Thompson, Water Director, stated that only one bid met the specifications
iri the bid documents.
The City Council accepted the bid which met specifications and awarded the
contract to Wallace & Tiernan Company.
C -5. Council consideration of the acceptance of Tract-No. 395, Mission
Development Company, was continued to the next meeting for a report by the
City Engineer.
C -6. The Mayor was authorized to accept and record a GRANT DEED from
D. E. Stickler and E. N. Oldham for street widening on Johnson Avenue.
C -7. Council consideration of acceptance of Tract No. 401, requested by
Felton Ferrini, was continued to the next meeting for a report by the City
Engineer.
C -8. Communication from the San Luis Obispo.Art Association inviting the
Mayor and City Council to attend a reception and preview of their Second
Anniversary Show:was ordered received and filed.
C -9: Report from Fire Chief, Lee Schlobohm; regarding the 1970 Weed Abatement
Program was ordered received and filed.
C -10. The following contract payments were approved:
Lee Wilson Electric Company Est. #1 $7,955.10
Traffic Signal Installation
(Johnson Ave. & Bishop St.)
City Plan 25 -70
-.'Lee Wilson Electric Company Est. #2 $ 883.90
Traffic Signal Installation (Final)
(Johnson Ave. & Bishop:..St.)
City Plan 25 -70
C. S. Construction Co. Est. #1 $5;675.40
Los Osos Rd. & Prefumo
Canyon.Rd..Paving
City.Plan 2 =71
West Coast Construction Co. Est. #3 $8,576.01
Waterline Improvement.
City Plan 15 -70
Madonna Construction Co. Est. #3 $19,536.11
Mission Plaza Project
Phase I
C -11. The City of San Luis Obispo accepted with thanks a portion of the old
Pacific Coast Railroad right -of -way adjacent to Elks Lane offered by Elton
Tognazzini and Charles Whitehead. The staff was authorized to prepare the
appropriate.legal documents..
C -12. The City Council concurred with the Local Agency Formation Commission's
approval of annexation to.the City of San Luis Obispo the following:
A. Weiaold Annexation
B. South Higuera Street Annexation No.2-
The City staff was instructed to implement the annexations.
City Council Mlnutes
September 8, 1970
Page 3
C -13. Notice of a claim filed against the City of San Luis Obispo by
William Benedetti was referred to the insurance company, and the City Attorney
was asked to report at the September 17, 1970 meeting.
C -14. The Council approved extended sick leave from August 20 through
September 10 for Fireman Emil Krege as requested by Dr. D. J. Young.
C -15. R. D. Miller, Administrative Officer, announced the appointments of
the.following.new emp.loyees.:
Robert Carrasco as Police Officer to begin 9/1/70 at Step 1 or .$666 per
month.
Jimmie Carl - McLaughlin as Utility Plant Operator I effective 9/16/70 at
Step 1 or $518 per month.
Joyce Klingbeil as Recreation Supervisor beginning 10/1/70 at Step 1 or
$612 per month."
1. At this time the City Council considered the final passage of Ordinance 499,
an ordinance levying a tax for the current 1970 -71 fiscal year upon all taxable
property within the City of San Luis Obispo and fixing the rate of such tax.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the final passage of
this ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Miller, seconded by Councilman Spring, the following
ordinance was introduced for final passage. ORDINANCE NO. 499, an ordinance
levying a tax for the current 1970 -71 fiscal year upon all taxable property
within the City.of San Luis Obispo and fixing the rate of such tax.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller,
Kenneth E. Schwartz
NOES: None
ABSENT: Myron Graham
2. Communication from Mrs. Thomas E. Lynn again bringing to the Council's
attention the problems at 1700 Osos Street.
Councilman Miller stated that he objected to the City Council discussing this
matter or taking any action as he felt that the property owner should be able
to use his property as he saw fit as long as it was not in violation of any
building, fire or health code. He continued that he had talked this matter
over with both Mrs. Lynn and the Welches, who are the people the complaint
was against.
Councilman Spring stated that he agreed in general with the statement made by
Councilman Miller as he felt that this was an argument between neighbors and
as long as no violations existed, he -felt the City should stay out of it.
Upon questioning by the City Council, L. Schlobohm, Fire Chief, stated that
any and all violations that had been brought to the Welches' attention had
been corrected.
R. Young, Planning Director, stated upon question by the Council, that there
are no violations of the building code or zoning code of the City.
On motion of Councilman Miller, seconded by Councilman Spring, the complaint
was ordered received and filed. Motion carried with Mayor Schwartz voting
no and Councilman Graham absent. .
L
r�
LJ
1
City Council Minutes
September 8, 1970
Page 4
3. Communication from Rosalyn S. Mertz, San Luis Travel Agency; protesting
the increased City business License fee for travel services in the City.
Mrs. Mertz stated that she did not object to a small increase in the business
license fee, but a 500% increase was outrageous, particularly when their
revenues had not increased in the same proportion. She asked that the City
Council reconsider its action in increasing the City business license fee:.
Councilman Spring, as a member of the Council committee that studied the
business license structure of the City, stated that-the committee had re-
viewed many ordinances of other cities over the period of a year, and had
determined that most of the license fees were fairly levied except in the
case of the flat rate licenses as the flat rate charge had not been changed
in fifteen (15) years. The people in the category were actually benefitting
from the lack of action by the City Council. He continued that the Council.
committee was only interested in equalizing and fairly assessing business
license fees in the City.
Councilman Blake stated that upon first receiving Mrs. Mertz's letter, he had
taken it upon himself to look into travel service`,licenses and that he had
discussed them with other operators and that they were of the opinion that the
increase was justified.
Mayor Schwartz explained that the City Council held several public hearings
on the proposed . adjustments to the business License ordinance, the changes
were published for everyone's inspection, and he felt that the Council's
action was fair and equitable.
On motion of Councilman Miller, seconded by Councilman Spring, that the request
of San Luis Travel Service be denied. Motion carried.
4. Communication from the Scope-Corporation appealing the interpretation of
the Uniform Fire Code requiring additional fire alarm equipment at Stenner
Glen (student housing facility).
' J. H. Fitzpatrick, City Clerk, reported to the City Council that R.L. Sanchez,
Regional Director of.Operations for the Scope Corporation, who had appealed
the decision of the City Fire Marshal had been mauled by a dog over the week-
end and would not be able to appear before the City Council to present his
feelings regarding the additional fire alarm equipment.
Fire Chief, L. Schlobohm, presented a report to.the City Council on fire activity
in relation to Stenner Glen student housing complex. It was the Fire Chief's
opinion that the additional alarm system being requested was necessary for the
safety of the tenants living in the large student housing complex.
OIT motion of Councilman Spring; seconded by Councilman Miller, that the appeal
of Scope Corporation be denied and the property owners be required to.comply
with the Fire Marshal's regulations within thirty (30) days. Motion carried.
5. Continuation of the public hearing on the adoption of amendments.to the
1967 Uniform Fire Code.
L. Schlobohm, Fire Chief, requested that this matter be continued by.the Council
until the adoption of the 1970 Building Code, to be presented-to the City Council
in the near future.
The Council concurred in the request and the public hearing was continued.
6. At this time the City, Council held.a.public hearing on the adoption of
Ordinance No. 494, an ordinance amending Ordinance Nos. 306 and 327 (1965 Series)
and Ordinance No 357 '(1966.Series), on Underground'Utilities.
R. D. Young, Planning Director, briefed for the Council's information, the pro-
visions of the ordinance and the changes in the realignment of the district
boundaries.
J. H. Fitzpatrick, City Clerk,.reported.that in. accordance with the provisions
of the ordinance, each property owner and tenant of record, had received a copy
of the ordinance and'a notice of public hearing.
City Council Minutes
September 8, 1970
Page 5
Mayor Schwartz declared-the public hearing open.
No one appeared before the City Council for or against the amendments.
Mayor SchwartzAeclared the public hearing closed.
On motion of Councilman Miller, seconded by Councilman Spring, the following
ordinance was introduced for final passage. ORDINANCE NO. 494, an ordinance
amending Ordinances Nos. 306 and 327 (1965 Series) and Ordinance No. 357
1966 Series) - Underground Utilities District.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller,
Kenneth E: Schwartz
NOES: None
ABSENT: Myron Graham
7. At this time the City Council held a public hearing on RESOLUTION NO. 2081,
a resolution of intention to abandon a portion of California Boulevard.
D. F. Romero, City Engineer, presented a map showing what was being abandoned
by the City and the extent of the slope easement being retained -by the City.
Mayor Schwartz declared the public hearing open.
Mrs. Robert Kimble, 642 California Boulevard, asked the City Council what was
being planned by the City for the portion of California Boulevard being aban-
doned in .front of her property.
D. F. Romero, City Engineer, again presented a map showing the ezt_ent of the
abandonment and its effect on the Kimble property.
Richard L. Willett, 688 California Boulevard, hoped that the City Council, in
abandoning this portion of California Boulevard would improve on the on and off
ramps feom the freeway to California Boulevard which he felt were dangerous
and needed improvement.
D. F. Romero; City Engineer, explained the extent; of the improvements on
the highway approach to California Boulevard.
No one appeared before the City Council opposing the abandonment.
Mayor Schwartz declared the public hearing closed.
Councilman Blake asked that the City Council consider placing the overhead
utilities underground as this area was being improved and he felt under -
grounding should be a required condition of the abandonment of this property
but which had not been included in the Council minutes. He.continued that
he felt that this action by the City Council would eliminate four poles used
to carry power to the highway signing. He felt this would be desirable for
esthetic reasons.
Councilman Miller stated that he agreed that this was discussed by the City
Council but did not recall whether the Council took action on this matter.
H. Johnson, City Attorney, stated that the condition for undergrounding the
utilities could not be made a condition for the City abandonment of-the - street
atahis` stage of the proceedings because the Street "s_end;,Hi,ghways_Code7requi red
a_notific_ation of_any conditioris which would be` imposed at the time of the first
publication of the resolution setting the public hearing on the issue of
whether the street was needed for public use.
On motion of Councilman Spring, seconded by Councilman Miller, the matter was
continued to September 21,-1.970 for Councilman Blake-and the staff to meet with
the property owner to see if he would be willing to place the util.ities under-
ground. Motion carried.
r
1
1
City. Council Minutes
September 8, 1970
Page 6
8. Traffic Committee Report of August 20, 1970.
70 -9 -1. In the course of a recent discussion on traffic matters as related to
zoning enforcement especially on signs and other use permit conditions, etc.,
the traffic committee felt that it might serve a useful purpose if the members
of the committee were to offer their services as a coordinating committee to
work with the Department of Planning and Building in attempting to get some of
the outstanding violations cleaned up.
It would be our proposal that Mr. Young be asked to designate a member of his
staff to work with us on thses matters. We would plan on having separate
sessions in most cases, but we realize that there will be some matters which
will overlap planning and traffic.
The City Council accepted the offer of the Traffic Committee and authorized
them to proceed.
70 -9 -2T. For.some time, the P.G. $ E. Company have been working with the En-
gineering Department in exploring the relative merits of galvanized steel light
poles which cost about $88 and aluminum poles which cost $198. Advantages of-
fered by the steel poles are greater durability and of course the lower cost.
Availability is much easier, also. If the Council concurred, we would like to
try a few steel poles. From what we hear, we do not feel they will be un-
attractive.
By common consent of the Council, the next -few pole installations were author-
ized to use galvanized steel light poles.
70 -9 -5T. We have received a letter from Vern Loyd, 1202 Pismo, requesting that
the right lane on Pismo approaching Toro be marked for straight ahead or right
turn movements to discourage the common practice of some motorists to make a
left hand turn from the right hand lane. We feel that this is one problem
which occurs on new one way street installations and that it is more a problem
of education and enforcement than cluttering up every intersection with a lot
of painting. We therefore recommend against the suggestion, but ask that it
be acknowledged with thanks.
70 -9 -6T. We have received a request from Lloyd Somogyi representing Bill's
Donut Shop to allow bread truck drivers and others to park on the street from
4:30 to 5:00 A.M., a pei-+od of time which is now restricted to expedite street
sweeping activities. We feel that a change in our basic pattern would upset
the entire procedure of enforcement and compliance and suggest as an alternate
that the truck drivers park in lot #2 while they are having their morning coffee.
70 -9 -7T. The Council will recall that this year a reserve fund was initiated to
widen Foothill Boulevard in the College Square block with a beginning cash figure
of $50,000. We feel that it would be tone too soon to initiate acquisition pro-
cedures from the property owners on the north side in this block and so recommend.
70 -9 -8T. Some time ago the Traffic Committee received a request from Irvin Kogan
for 15- minute parking in front of the Alta Vista School at 401 North Chorro St.
to expedite,delivery and pick up of children. We recommend against this because
of the disruption it would cause to accommodate a small number of persons for a
very limited portion of the day.
The recommendation of the Traffic Committee was accepted by the City Council.
70 -9 -3T. The Monday Club has asked that two car spaces be designated for loading
and unloading, alongside their club house on Andrews Street. We can see no ob-
jection and recommend approval.
70 -9 -4T. With the reactivation of the old Mountain View Hospital at the end of
Marsh Street, the traffic committee recommends-that the old.traffic pattern be
re- established with 90 degree parking on the left and parking prohibited against
the guard rail on the right.
On motion of Councilman Blake, seconded by Mayor Schwartz, the following reso-
lution was introduced. RESOLUTION NO. 2091, a resolution establishing a loading
zone on Andrews Street; 90- degree parking on Marsh Street and prohibiting parking
on Marsh Street.
City Council Minutes
September 8, 1970
Page 7
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Arthur F
Kenneth E. Schwartz
NOES: None
ABSENT: Myron Graham
Spring, Donald Q. _Miller,
9. At this time the City Council held a public hearing on the adoption of
Ordinance No. 495, an ordinance regulating the construction, alteration,
demolition and /or repair of any retaining wall within the City of San Luis
Ob.ispo, State of California, providing for the issuance of permits and
collection of fees therefor; and providing for the violation thereof.
D. F. Romero, City Engineer, briefly explained the provisions of the pro-
posed ordinance, the inspection fee structure, and the need for such an
ordinance in the City. .
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the ordinance.
Mayor Schwartz declared the public.hearing closed.
On motion of Councilman Blake, seconded..by Councilman Spring, the following
ordinance.was introduced. ORDINANCE NO. 495, an ordinance regulating the
construction, alteration, demolition and /or repair of any retaining wall
within the City of San Luis Obispo, State of California, providing.for the
issuance of permits.and collection of 'fees therefor; and providing for the
violation thereof.
Passed to print on the following roll call vote:
AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller,
Kenneth E. Schwartz
NOES: None
ABSENT: Myron Graham
9:25 P.M. Mayor Schwartz declared a recess.
9:30 P.M. The City Council reconvened with Councilman Graham absent.
10. At this time, the .City Council held a public hearing on the appeal of
Larry Crandell & Associates on the denial by the Planning Commission of
their request to rezone from R -0 to PD /R -C the property located at the
corner of Foothill Boulevard and Santa Rosa Street.
R. D. Young, Planning Director, presented the report of the Planning Com-
mission on the Crandell application as follows:
1. The applicant is requesting PD /R -C zoning on a parcel 55,417 sq.ft.
in area for the development of a service station and professional offices.
The portion to be developed with .a service station is 27,092 sq. ft. in
area. The portion to be developed with offices is 28,325 sq. ft. in area.
The development is proposed in two phases. Phase I to be the construction
;of -the service station and the remaining portion of the property to be
landscaped with.trees, shrubs and.ground.cover. The landscaped area to
be cared for by the applicants and to be maintained in conjunction with
the. service station until Phase His implemented. Phase 11 . proposes
that the landscaped area be developed with two structures. containing
a total floor area of 57,000 sq. ft.. The applicant proposes that Phase
.I be implemented immediately and that Phase 11 be .implemented within
five (5) years.:. .
2. Three of the. Commissioners were of the opinion that the proposed
planned development was in accord with the General Plan and that, develop-
ment as proposed would not be detrimental to the neighborhood or adjoin-
ing properties. Two of the Commsisioners were of the opinion that the
property should be developed under its present zone classification. Two
Planning Commissioners were not present at the hearing, therefore the
1
1
f
City Council Minutes
September 8, 1970
Page 8
necessary four votes to either approve or deny the requested rezoning
could not be obtained. The Commission, therefore, at the request of
the applicant, took action to deny the'request on the basis that they
couldn't reach a consensus in order that the application could be
appealed to the City Council.
Mayor Schwartz declared the public hearing open.
Larry Crandell appeared before the City Council urging that the Council
approve the requested PD zoning as he felt that this development would be
an asset to the City and an attractive addition'to the community. He con-
tinued that he felt that each time this proposal.had been made before the
Planning Commission, due to a lack of a full Commission, he could never get
the required four votes but he still felt that the majority of the Commission
supported his proposal.
Mr. Crandell continued by reviewing what was planned for this property. The
service station would be built first with the balance of the property to be
landscaped and at some future date, when needed, offices would be constructed
and the landscaping would be protected. He'stated that he and his associates
recognized that their proposal did not meet the City's general plan but felt
that the general plan was only a guide and could be changed to meet the needs
of the community. He wished to remind the City Council that the service
station as proposed by him would not generate any additional traffic but
would handle what traffic was already present at this intersection.
Don Sharp, architect for Crandell, stated'that -he felt the firm had taken
every means to preserve the natural beauty of the site by retaining as many
of the native trees and shrubs as possible. He continued that the service
station design would be of Spanish architecture with a tile roof and that
the medical offices, if built, would follow the same motiff.
Jim Huntsberry, Mobil Oil Corporation, stated that it was his company's plan
to build a service station on this corner similar to the prize winning
station in Lompoc. He continued that he felt that this corner was the most
highly travelled intersection in the City and that his company's facilities
would not generate any traffic to the site, but they could be of service to
the traffic already there. He felt that the advantage of a service station
development on the property would be to open up the site for traffic which
would be better than a building'bu.ilt to the property line.
L. Crandell again urged the Council to approve the requested planned develop-
ment so he could develop a service station on this site.
Rod Levin, Secretary-of the Zion Lutheran Church, stated that the church was
hot now opposed toithe PD plan presented by Crandell either-Phase I or 11, but
was opposed to just commercial zoning on the property.
Richard KreJsa was opposed to the construction of an additional service
station in this general area as there were already five service stations
operating within two blocks of the proposed new station.
Mayor Schwartz declared the public hearing closed.
Councilman Miller stated that he was opposed to this development of a service
station on this site as he felt there were sufficient service stations located
in the general area to serve the local residents and the travelling public.
He continued that he was opposed to further service station development any-
where in the City as it was his feeling that the oil industry was not doing
- its-job in helping to clean up our environment.
Councilman Spring stated that he was opposed to the proposed development on
this particular property due to the traffic that would be generated by a
service station on this location. He felt that he would support R -0 develop-
ment on this property.
City Council Minutes
September 8, .1.970
Page 9
Councilman Blake felt that this parcel of land was restricted for develop-
ment due to the size and shape and :felt that due to the location a service
station would be more appropriate than a residence. Further, he felt that
traffic would not be hurt by a service station as it would be channeled by
the service station back into the highway. He also thought that the planned
development was the right approach for a development of this type in order
to guarantee its development according to plan. He also thought that if
this station were approved, the oil company should remove the existing
Mobil Station at Chorro Street and Foothill Boulevard. He.also.stated
that he would not require deed restrictions as suggested by Mr. CrandelI
to protect future uses as no.one could foretell what the future needs of
the community might be. He stated that he would support the PD proposal
as presented by Crandell.
Mayor Schwartz stated that he felt that Larry Crandell had made an excel -
lent presentation on his behalf for a service station at this location but
he wondered'if this was the right use of the land. He continued that the
general plan did not recognize commercial use on this parcel. He could
understand how this parcel of land was attractive to oil companies for
development of service stations.. He stated that he was opposed to the pro-
posals and also felt that the traffic movement to and from the service
station at this location would be hazardous.
On motion of Councilman Miller, seconded by Councilman Spring, that the
appeal of Larry Crandell and Associates be denied.
Motion carried on the following roll call vote:
AYES: Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz
NOES: Emmons Blake
ABSENT:: Myron Graham
11. Communication from the San Luis Obispo County Office of Education
requesting water from.either Whale Rock or Salinas Reservoir to serve the
County Education Campus at Camp San Luis Obispo.
E. P. Thompson, Water Department Director, stated.he felt it was impossible
to server water to this area of Camp San Luis Obsipo from Salinas Reservoir
and that without major modifications and installation of equipment it would
be difficult if not impossible to serve this property from the Whale Rock
Reservoir transmission line. He continued that everyone.should recognize
that the transmission line from Whale Rock Reservoir was just that, a line
to transmit water from the reso'rvoir to the using agency on call.and that
it was not a water main completely charged with water at all times to serve
customers along the way.
Councilman Blake suggested that this request should be referred to the Whale
Rock Commission for.their opinion and also for Mr. Thompson to study.the re-
port and reply on the capabilities of supplying this county property with
City water.
H. Johnson, City Attorney, explained that he did not believe this parcel of
land owned by the County was included in the City's "area of use ".for water
from either Whale Rock or'Salinas Reservoirs and before any. arrangements
could be made to supply anyone water, the City must get the concurrence from
the Water Rights Board to supply water.
The matter was continued and referred to
report at the Council meeting of October
ities to supply this request.
12. Communication from R. S. Swett, arcl
to construct a stairway from an existing
store on a vehicular easement in Parking
E. P. Thompson and H. Johnson for
6 on the legal and physical facil-
iitect, requesting Council permission
side entrance of the Holser.& Bailey
Lot NO. 11.
D. F. Romero, City Engineer, presented a sketch showing the existing easement
in Parking Lot No. 11, City property reserved for vehicular access only. He
continued that this was the easement Mr. Swett proposed for the entrance to
the store.
1
1
City Council Minutes
September S, 1970
Page 10
H. Johnson, City Attorney; stated that before the City Council granted a
change in use of the easement, the property owner should relinquish the
vehicular easement back to the City.
R. S. Swett stated he did not know what the property owner's feelings were
regarding the relinquishment of the easement.
Mayor Schwartz stated that his impression from the discussion was the City
Council wanted a more complete improvement on the property and he urged
that the staff negotiate with the property owner in order to grant the re-
quest being made. He suggested that a time period be set for the encroach-
ment of City property subject to the relaxation of the easement.
The matter was referred to the City Attorney for study of the existing
easement and results of the negotiations with the property owner to relax
the existing easement for the new encroachment on the City property and
to report to the City Council as- soon.as possible.
13. D. F. Romero, City'Engineer, presented for the Council's consideration
the proposal to install curb, gutter.and sidewalk .improvements on portions
of Archer.Street and Santa Barba.ra Avenue. He presented sketches showing
the work to be accomplished and the existing conditions in the area.
After discussion by the Council and on motion of Councilman Miller, seconded
by Councilman Spring, the following resolution was introduced.
RESOLUTION NO. 2090, a resolution requiring sidewalk improvements on portions
of various streets in the City of San Luis'ObIspo.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller,
Kenneth E. Schwartz
NOES: None
ABSENT: Myron Graham
14. Councilman Blake reported to the City Council on behalf of the Council
... committee studying the City owned property at the San Luis Obispo County
Airport stating that the committee had met with County representatives to
discuss selling or leasing the City owned property to the County. He con-
tinued that it was the feeling of the County officials that if all the land
at the airport were under the control of one entity, better planning and
funding could be accomplished. Councilman Blake continued that since the
initial meeting with the County representatives, he had met with members of
the State Airport Commission and the local Pilots Association who felt that
the best approach to improving the airport would be to have it under one
entity's control and the County was now attempting to do this. He continued
that the County officials informed him that as soon as the City turned the
land over to the County, they would proceed with the planned improvements
for the airport to include tie -down areas, etc. He then recommended that
the City Council release the City land to the County for airport improvements
with some provision for returning the land should the County cease to operate
it.as an airport.
Councilman Miller, the other member of the Council's airport study committee,
concurred with the report of Councilman Blake and he, too, urged the City
Council to dispose of the City's property at the airport.
On motion of Councilman Blake, seconded by'Councilman Miller, that the City
Attorney be authorized to prepare the necessary documentation to convey the
City's land at the airport to the County subject to reversion provi.sions if
the land ceased to be used for an airport. Motion carried.
15. D. F. Romero, City Engineer, presented for the Counci -I's information
sketches of properties, of work to be accomplished under the proposal to
install curb, gutter and sidewalk improvements on the west side: of Broad
Street from 101 Freeway to Serrano Drive. He continued that the project
would be quite expensive for many of the property owners and also for the
City due to the change in grade to accomodate the curbs, gutters & sidewalks.
City Council Minutes
September 8, 1970
Page 11
Councilman Spring stated that he felt that this improvement would up -grade
the entire area and would be very fair, as the City had required installation
of sidewalks across the street on Broad Street and had forced the improvements
on some of the property owners. .
Councilman Miller agreed that these improvements should be put in except
properties that cannot be improved economically should be exempted.
Councilman Blake was opposed to the sidewalk installation on Broad Street
at this time. as he felt that other areas needing improvements. were of a
higher priority.
The City Engineer was asked to prepare,a list of sidewalk priorities to
see where the Broad Street improvements fit.
16. Communication from James D. Gates, Director of the Division of Environ-
mental Health for the County Department of Public Health, again bringing to
the City Council's attention the matter of the insect proplem in the Laguna'
Lake Area. He enclosed a copy of the March 11, 1968 State Vector Control
Report suggesting ways and means of controlling the insect problem but
which was rejected due to the extremely high cost.of abatement. He continued
that the Health Department is unable to cope with the problem and is tired
of answering complaints, therefore they are again bringing the matter.to the
City Council's attention hoping that they can find some solution to the
problem.
R. D. Miller, Administrative Officer, presented a history of the midge problem
at Laguna Lake and the amount of money.expended by the City in an attemp to
eradicate the problem. He continued that the methods proposed to accomplish
control were so expensive that the City Council could find no way to finance
this problem.
D. F. Romero, City Engineer, stated that he had been exploring the possibility
of leasing or renting a small suction dredge at Camp San Luis Obispo when-
ever it was available from the State, however, the state had indicated that
it would be several years before the dredge would be available.
Dennis Hynes, 1486 Oceanaire Drive, hoped that.the City Council would do
something about the problem but also hoped that he would be informed before_
anything was done so that the solution would not cause more problems than
presently exist.
The communication was ordered received and filed.
17. The following communication was received from Jack Kellerman. Chief
Building Inspector, concerning factory built homes:
After much consideration and a check with the other jurisdictions in
this area, I have arrived at the following conclusion:
The primary purpose of State approval is to establish uniform manu-
facturing and inspection procedures.. Without this approval, we have
no guarantee that acceptable•practices are being followed in the factory.
It is further noted that to accept an unapproved assembly, establishes
an unfair advantage to those who would rather not apply for State
approval. This places those manufacturers, who wish to abide,by well
established guidelines, at a distinct disadvantage. The State is ap-
proving fabricators and there is no good reason why any manufacturer
should not apply.
With this in mind, and with your approval, I.will notify American Home_
Enterprises, in Bakersfield, that it will be necessary to be State
approved before San Luis Obispo will accept their product.
Councilman Blake asked if American Home Enterprises of Bakersfield, California
had been' approved by the State of California and certified for housing.
Mr. Kellerman did not know if they -had been certified -at this time or not..
1
City Council Minutes
September 8, 1970
Page 12
D. Wheeler, contractor, stated that most manufacturers had applied for State
approval but that the State red tape_had.slowed• down consideration of these
pompanies' applications. He continued that based on the-Council's action of
July 6, 1970, he had moved ahead with commitments to develop some houses
constructed by the American Home Enterprises of Bakersfield, California, and
he felt that the six months trial was a fair decision made by the City Council.
He hoped that the Council would not change their minds at this time.
Councilman Miller stated that :if these modular units met the City of San Luis
Obispo building code then they should be brought in and the City should move
ahead with the housing.
Councilman Spring agreed that if these units met City code, the developer should
move ahead and bring in the housi.ng.
Mayor Schwartz reviewed the Council's action of July 6, 1970 at which time
the Council took action to recognize American Home Enterprises for a six
month period subject to suitable inspection with additional inspection at
the manufacturing plant to be paid,for by the developer. He felt that the
Council should stand by their action as far as American Home Enterprises was
concerned for.the six month period...
The City Council took no action on the Building Inspector's. request other than
to reaffi.rm their action of July 6, 1970.
18. Communication from Jack Kellerman, Cheif Building Inspector, notifying
the City Council that the construction shack located in the 100 block of Chorro
Street had not been removed as per Council's instructions of April 22, 1970
and asking the City Council what further steps they wished accomplished.
The City Council again ordered that the construction shack be removed
immediately.
19. Communication from the -San Luis Obispo Smallbore Association notifying
the City Council that the.new rifle range.building on Prado Road is almost
completed and requesting that the City Council grant funds to plant trees
and also to prepare landscaping plans for the rifle range area.
On motion of Councilman Blake, seconded by Councilman Spring, that the City
Council furnish six trees, that the Planning Department be. requested to pre -
pare a sketch of the proposed landscaping for the rifle range with the con-
currence of the Fire Chief and the Park Superintendent. Motion carried with
Councilman Miller voting no.
20. Councilman Miller asked that the City Council.consider setting a study
session to discuss housing and housing problems in the City of San Luis
Obispo and to discuss what the City could do to help alleviate the housing
shortage in the City. Councilman Miller suggested that a change by the City
in its zoning laws and /or housing laws might make housing more readily
available to the citizens of the community.
Mayor Schwartz felt the City Council had done all they could to cooperate
with the.City Housing Authority to develop housing for the community but felt
that the problem in the lack of kousing was beyond the scope of the City and
involved such things as financing and the cost of land.
Councilman Miller continued "tlat the City government should take some tax
funds and.cooperate with the Housing Authority to either build housing units
or to buy land and give it to the Housing Authority to build dwelling units
thereon. He suggested that e 5% pump tax for gasoline be enacted by the
.City of San Luis Obispo in order to bu.1.1d and maintain streets and.that
general fund monies presently used by the City for streets and other auto-
mobile related improvements be used for housing.
Councilman Blake stated that he was opposed to a general meeting on housing
without a spec.ific.program being presented for consideration.
City Council Minutes
September 8, 1970
Page 13
Mayor Schwartz stated that he would agree to a housing meeting but felt that
he and the Council should be'prepared.to cover the entire field'of housing
such as the role of financing, construction, zoning, etc.
The matter was continued to September 14, 1970 to see if a program could be
developed for housing.
21. Council discussion of sidewalk cleaning in the downtown area was con- ,
tinued.
22. Council discussion of the appointment of a Bicentennial Celebration
Committee was continued.
23. H. Johnson, City Attorney, presented for the Council's consideration
an ordinance prohibiting excessive noise within the City. He briefed for
the Council the provision of the proposed ordinance explaining.the necessity
and the type of conduct that would be.prohibited by the ordinance.. He con -
tinued.this proposed ordinance was being brought to the Council's attention
as he had received many complaints regarding excessive noise in the City.
Bob Barrows, 870 Meinecke Avenue, urged adoption of an anti -noise ordinance
and hoped that it would be enforced against motor cycles without mufflers.
Jim Elliott, Irishmen Bar, asked how this ordinance would affect his oper-
ation on Osos Street when he brou §ht in dance bands for.his patrons.
H. Johnson, City Attorney, stated that he could not anticipate all factual
situations which might arise, but the new ordinance would not appear to
affect his normal operations prior to 2:00 A.M.
Ken Martin, musician at the "I ", stated he was opposed to the.enactment of
this ordinance as he felt there were too many laws on the books now that
were not.enforced except on a selective basis, and he felt that if the law
was passed it should be.a law that the people of the community wished
passed and that would be enforced against everyone and not a selectiDd few.
Dennis Hynes, 1486 Oceanaire Drive, objected to noise caused by motor cycles
go- carts, etc. without.proper mufflers and he hoped that the City Council
would adopt some ordinance to.give the residents in the area of Laguna Lake
some relief from those people abusing the City park property with these
noisome vehicles.
Dr. Kre.isa objected to the noise produced by the National Guard troops
training at Camp.San Luis Obispo.when they fire their cannons etc., and
while he realized that the property . was outside, the City, he hoped.the City
Council could make their feelings known and eliminate this nuisance..
Mayor Schwartz suggested that this proposed ordinance be referred to the
Citizens Advisory Committee for.study and report or recommendation to the
City Council within sixty days.
Councilman BVake felt that the Council had enough information on noise within
the City and should proceed with the adoption of the ordinance by the City
Council without referral to any other committee.
Counci Iman Mi I ler d:id_not,agree:.with;Counci:I man Bleke.that:trLb..Counci , l,.should
it
Proceed with -the adoption of this ordinance and hoped that it would be
fairly enforced on all.the people making noise within the City. He doubted
if it could be enforced at all.
The proposed ordinance was referred to the Citizens'Advisory Committee,to
look into the proposed ordinance and make recommendations for the City
Council's information.
24. D. F. Romero, City Engineer, presented for the Council's consideration
plans and specifications for street reconstruction and resurfacing of
various local streets approved in the 1970 -71 Budget. He explained the
scope of the work to be accomplished and listed the streets included in the
project. He estimated the cost at $22,800.
City Council Minutes
September 8, 1970 .
Page 14
On motion of Councilman Blake, seconded by Councilman Spring, the City
Engineer was authorized to proceed with advertising for bids for street
reconstruction and resurfacing. Motion carried with Councilman Miller
voting no.
25. Communication from the San Luis Coastal Unified School District
notifying the-City Council that restoration costs to keep the NUSS MEMORIAL
SWIMMING POOL open were in excess'of $1.00,000. They were in receipt of the
City Council's indication that the City did not wish to pa.rticipate in the
financing of work to be accomplished at the pool. The Board of Education
was willing to undertake the capital outlay program providing the City and
County would terminate their original. agreement for construction of the pool
Councilman.Blake stated.that he was opposed to the cancellation of the
agreement between the City and the School District as he felt the City had
a proprietary interest in the pool based on the original cost of construction.
Councilman Miller also felt that the City should not cancel the agreement
with the Nuss Memorial Pool but should cooperate with the School District to
restore.the pool as.it was built.
Councilman Spring agreed that the City had some interest in the pool because
of the City's and public's contributions to its construction..
The matter was referred.to R. D. Miller, Administrative Officer, for further
clarification of the School Board's intention.
26. Mayor Schwartz stated that he:and Councilman Graham had met with repre-
sentatives of the Boy Scounts:of America regarding the placement of a time
capsule and maintenance of a planter box in Phase II of Mission Plaza. The
committee recommended that the City cooperate with the Boy Scouts and allow
their request at the time Phase.11 is implemented.
On Motion of Councilman Blakey seconded by Councilman Spring, that the recom-
mendation of the Council committee be approved. Motion carried with
Councilman Miller voting.no.
27.. Mayor Schwartz reported on a. meeting of the Board of.Directors of the
County.Development Association and stated that the Association was reorgan-
izing and redirecting its efforts within the County of San Luis.Obispo.
28. On motion of Councilman Spring, seconded by Councilman Blake, the Mayor
was authroized to sign a supplemental application for acquisition money for
Meadow.Park:in the amount of $9,325. Motion carried.
The Mayor announced that the initial payment of $30,000 had been received
for Meadow Park.
29. On motion of Councilman Blake, seconded by Councilman Spring, the
meeting adjourned to 7:30 P.M., Monday, September 14, 1970. Motion carried.
J F K, CITY CLERK
APPROVED: October 19, 1970