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HomeMy WebLinkAbout10/05/1970i I I 1 Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA October 5, 1970 - 7:00 P:M. City Hall Present: Emmons Blake, Myron Graham, Arthur.F. Spring, Donald Q. Miller,'Kenneth E. Schwartz City Staff Present: R. D. Miller, Administrative Officer; H. Johnson, City Attorney; J. H. Fitzpatrick, City Clerk; R. D. Young, Planning Director; D. F. Romero, City Engineer; J. Stockton, Park and Recreation Supervisor; E. Rodgers, Police Chief; E.P. Thompson, Water Department Director; L. Schlobohm, Fire Chief C -1. The request of the Library Board to postpone the joint study session of October 12, 1970 was approved. C -2. The request of Dr. Karl F. Kundert, M.D.,.for extended sick leave for Elton Hall was approved. C -3. The following contract payments were approved: C. S. Construction Company Est. #2 $10,427.76 Los OsosValley Road and Perfumo Canyon Road Paving City Plan 2 -71 Bloise & Cardoza Est. #1 $13,687.20 Santa Rosa /Meinecke Sewer City Plan 21 -70 Bloise & Cardoza Est. #2 $ 1,520.80 Santa Rosa /Meinecke Sewer (Final) City Plan 21 -70 Burke Construction Company Est. #1 $ 2,622.60 Andrews St. Bridge Modification City Plan 7 -71 Burke Construction Company Est. #2 $ 291.40 Andrews St. Bridge Modification (Final) City Plan 7 -71 West Coast Construction Co. Est. #1 $ 3,768.03 Storm Drain Improvement Project City Plan 28 -70 C. S. Construction Company Est. #1 $26,042.11 Street Resurfacing Project City Plan 24 -70 Burke Construction Co. Est. #1 $19,184:45 California Boulevard Widening City Plan.5 -71 Burke Construction Co. Est. #2 $ 2,131.60' California Boulevard Widening (Final) . City Plan 5 -71 C -4. .Report of the City Clerk on bids received for Santa Rosa Street.Widening.; Walnut to Peach, City Plan 11 -70.: Burke Construction Co. $22,083.55 C.S. Construction Co. 22,980.00 Madonna Construction 25,550.40 Walter Bros. Const. 26,588.00 Wesley G. Watkins 26,967.85 ENGINEER'S ESTIMATE $18,381.05 City Council Minutes October 5, 1970 Page 2 The City Council accepted the low bid and awarded the contract for the Santa Rosa Street Widening to Burke Construction.Company. C -5. Report from E. P. Thompson', Water Director, on the feasibility of supplying either Whale Rock or Salinas Reservoir water to the County Educational Campus at Camp San Luis Obispo was accepted and referred to the Whale Rock Commission. C -6. Communication.from Central California Communications Corporation (CATV) regarding the recent installation of new equipment and the subsequent break -in. period before optimum service could be rendered was received and filed. C -7. Communication from the Park and Recreation Department requesting that a portion of Ward Street between South and'Woodbridge Streets be abandoned, was referred to the Planning Commission for hearings and recommendation. C -8. Communication from the Park and Recreation Department for Council per- mission to obtain bids for replacement of a 1955 Ford wheel tractor with loader. Authorization to call for bids with other scheduled motorized equipment was granted. C =9. Communication from Californians for Clean Water urging City support of State Proposition No. 1.' On motion of Councilman Graham, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2110, a resolution recommending i support of State Proposition 1 on the November 1970 ballot. Passed and adopted on the following roll call vote.: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None C -10. Report of the City Clerk on Bids received for repairs to the Recreation Building Boiler, City Job BD 1 -71. Smee's Plumbing 8 Heating $3,461.00 Burke Construction Co. 6,430.00 The City Council accepted the low bid and awarded the contract to Smee's Plumbing and Heating. On motion of Councilman Blake, seconded by Councilman Miller, the. consent items were approved'as indicated. Motion carried. 1. Mayor Shcwartz announced the following appointments.to'the City!s Bicentennial Celebration Committee: William Boyce Elliott Curry Ed Davin John Grandy Mrs. Mary Kennedy Mrs. Betty McDonald Harry Morris Mrs. Norma Sullivan Mrs. Sharon Winslow Honorary Chairman was Mayor Schwartz and Councilman Blake was the acting Chairman. 2. At this time the City Council considered the final passage of 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, pro- viding for the issuance of permits and collecti.on of.fees therefor; and providing penalties for the violation thereof. 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. r 1 P J City Council Minutes October 5, 1970 Page 3 On motion of Councilman Blake, seconded by Councilman Graham, the following or- dinance was introduced for final passage. ORDINANCE NO. 495, an ordinance regulating the construction, alteration, demolition and /or repair of any retain- ing wall within the City of San Luis Obispo, State of California, providing for the issuance of permits and collection of fees therefor; and providing penalites for the violation thereof. Fina "lly passed on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None 3. At this time the City Council considered the final passage of ORDINANCE 500, an ordinance amending the zoning ordinance to reduce interior yard setbacks in the M (industrial) district. 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 Graham, 'seconded by Councilman'Millei, the following or- dinance was introduced for final passage. ORDINANCE NO. 500, an ordinance am- ending the zoning ordinance to reduce interior yard set backs in the M (industrial) district. Finally passed on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None 4. Council consideration of the final passage of ORDINANCE NO. 501, an ordinance of the City of San Luis Obispo approving the annexation to said City of certain uninhabited territory designated "Weigold Annexation", was continued. 5. Council consideration of the final passage of ORDINANCE NO. 502, an ordinance of the City of San Luis Obispo approving the annexation to said City of certain uninhabited territory designated "South Higuera Street Annexation No. 2." Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the annexation. Mayor Schwartz declared the public hearing closed On motion of Councilman Blake, seconded by Councilman Graham, the following or- dinance was introduced, ORDINANCE NO. 502, an ordinance of the City of San Luis OBispo approving the annexation to said City of certain uninhabited territory designated "South Higuera Street Annexation No. 2 ", Passed.'to- •print:onithe follow- i "ng'rol l °-call' "vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES': None ABSENT: None 6. At this time the City Council considered the formation of Yoakum No. 2 Sewer Assessment District. City Council Minutes October 5, 1970 Page .4 James T. Morton, special assessment attorney, appeared before the City Council explaining the procedure necessary for the formation of the Yoakum No. 2 Sewer Assessment District. He presented the following resolutions for the Council's consideration: On motion of Councilman Blake, seconded by Councilman Spring, the following reso- lution was introduced. RESOLUTION NO. 2102, a resolution determining to under- take proceedings pursuant to special assessment and assessment bond acts for the construction of improvements without proceedings under Division 4 of the Streets and Highways Code. Yoakum No. 2 Assessment District. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by Councilman Spring, the following. resolution was introduced. RESOLTUION NO. 2103, a resolution appointing engineer and attorneys. Yoakum No. 2 Assessment District. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2104, a resolution of intention to acquire and construct improvements. Yoakum No. 2 Assessment District. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None D. F. Romero, City Engineer; presented his report pursuant to the Municipal.lm- provement Act of 1913 and Resolution of Intention No. 2104, 1970 Series,:which included plans, specifications, estimate of cost, maps and descriptions, diagrams and assessment. After consideration of these documents and discussion by the City Council, the City Engineer's report was ordered tiled. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION N0: 2105, a resolution of preliminary approval of engineer's report. Yoakum No. 2 Sewer Assessment District. Passed and adopted on the following roll cal-I vote:., AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None - ABSENT: None On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2106, a resolution appointing time and place of hearing protests in relation to proposed acquisitions and.improve- ments, and directing notice, Yoakum No. 2 Sewer Assessment District. 1 f I City Council Minutes October 5, 1970 Page 5 Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by.Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2108, a resolution describing pro- posed boundaries of assessment district, directing filing of boundary map and assessment diagram and directing recordation of notice of assessment. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None 7. Communication from Dr. Ronald E. Notley, District Superintendent, San Luis Coastal Unified School District, clarifying'the request of the school district in regard to City and.County cooperation in the future operation of Nuss Pool. He presented the following alternatives to the City Council: 1. Financial participation %.in the complete rehabilitation of Nuss Pool. Estimated cost $100,000. 2. City and County to dissolve original agreement and allow the School District to rehabilitate the pool and assume full responsibility for its operation. 3. School District to give full responsibility for management, operation, maintenance, and financing of Nuss Pool with the School District con - t,racting with the City for the school's program on a limited basis. 4. Let the original agreement stand, School District to rehabilitate the pool with the City Council to make recreational swimming available at no cost to all the residents of the City afternoons and evenings during the summer months either by contributing funds to pay the recreational personnel or by paying 1/3 of the operation and main- tenance costs of the pool for the three month period. Estimated cost to the City, $5,000 per year. 5. Keep the assuming swimming The City structin original agreement in effect with the School District: all cost for rehabilitation of the pool and expanding its instruction program to include afternoons during the summer. would agree to a definite time table for financing, con - 3 and maintaining a second'swimming pool at Sinsheimer Park. Dr. Newman,:Assistant Superintendent, stated that the School District would like to continue its amicable arrangement with the City for operation of Nuss Pool. He continued that in addition to the five alternatives already listed, there was also the alternative of cancelling out any arrangements regarding Nuss Pool. ABSENT: None On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2107, a resolution calling for sealed proposals and fixing liquidated damages for failure to complete the work within time specified. Yoakum No. .2 Sewer Assessment District. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by.Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2108, a resolution describing pro- posed boundaries of assessment district, directing filing of boundary map and assessment diagram and directing recordation of notice of assessment. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None 7. Communication from Dr. Ronald E. Notley, District Superintendent, San Luis Coastal Unified School District, clarifying'the request of the school district in regard to City and.County cooperation in the future operation of Nuss Pool. He presented the following alternatives to the City Council: 1. Financial participation %.in the complete rehabilitation of Nuss Pool. Estimated cost $100,000. 2. City and County to dissolve original agreement and allow the School District to rehabilitate the pool and assume full responsibility for its operation. 3. School District to give full responsibility for management, operation, maintenance, and financing of Nuss Pool with the School District con - t,racting with the City for the school's program on a limited basis. 4. Let the original agreement stand, School District to rehabilitate the pool with the City Council to make recreational swimming available at no cost to all the residents of the City afternoons and evenings during the summer months either by contributing funds to pay the recreational personnel or by paying 1/3 of the operation and main- tenance costs of the pool for the three month period. Estimated cost to the City, $5,000 per year. 5. Keep the assuming swimming The City structin original agreement in effect with the School District: all cost for rehabilitation of the pool and expanding its instruction program to include afternoons during the summer. would agree to a definite time table for financing, con - 3 and maintaining a second'swimming pool at Sinsheimer Park. Dr. Newman,:Assistant Superintendent, stated that the School District would like to continue its amicable arrangement with the City for operation of Nuss Pool. He continued that in addition to the five alternatives already listed, there was also the alternative of cancelling out any arrangements regarding Nuss Pool. City Council Minutes October 5, 1970 Page 6 Councilman Graham felt that the City Council should look into alternative #4 wherein the City would provide a summer program with no charge to the participants. Councilman Miller felt that the City should continue to cooperate with the School District on some sort of joint program at Nuss Pool. Mayor Schwartz again reviewed the and the benefits or disadvantages Councilman Blake felt that altern he felt this proposal was fair to was an asset to the community and schedule for developing a pool at five alternatives proposed by the School District of each. 3tive #4 had merit as far as he could see, as. the City taxpayers. He felt that Nuss Pool also felt the City should proceed with a time Sinsheimer Park. Councilman Miller stated that he would accept alternate #4. Councilman Spring also felt he could accept alternate #4. Mayor Schwartz felt that alternate #4 was the best proposal which would guarantee recreational swimming to the citizens of San Luis Obispo. On motion of Councilman Blake, seconded by Councilman Graham, that the City Council inform the School Board that the City would accept alternate #4 for operation of Nuss Pool effective July 1, 1970. 8. Richard Taylor, landscape architect for Mission Plaza, presented the prelim- inary plah for Phase II of Mission Plaza for the Council's consideration. He explained the open concept of Phase II development and the type of planting that would be used within the development. He continued that the estimated cost of construction was $92,856, not including planting and sprinklers at an estimated cost of $22,000. He estimated the total cost of Phase II including contingen- cies at $128,251. Mr. Taylor also stated that Phase II included primarily native plants in natural areas within the plan. R. D. Miller, Administrative Officer, explained that the City now had-$80,000 available for construction of Phase III and that that amount was short: approxi- mately $50,000 based on the .estimate just presented. He continued that "this meant the City Council must come up with additional funds from other sources to complete the project. Mayor Schwartz stated that the Council's action at this time was to approve the preliminary plan of Phase II of Mission Plaza:project and ,(1) to authorize preparation of plans and specifications for bidding purposes; (2) to approve the plan with modifications by the Council; or (3) to reject the plans as presented and start over with more Council guidance. On motion of Mayor Schwartz, seconded by Councilman Graham, the Council approved the preliminary plans subjec "t to minor modifications of the Council committee and the Design Review Board; with alternate bids to be submitted for portions of the project. Motion carried. 9. At this time the City Council held a public hearing to hear protests to the 1970 Weed Abatement Program ending September.15, 1970. Mayor Schwartz declared the public hearing open. The City C.Ierk presented a letter from Mary V. Chaves protesting a double billing on her property which was cleaned under City order in May 1970 and again September 5, 1970. Mrs. Chaves appeared before the Council on behalf of her protest stating. that to her knowledge no one had been on her property since it was originally cleared by her in May. Chief Schlobohm, Fire Chief, stated that he personally had seen the large anise plants cut down in September, and stated they were not a fire hazard but were removed for esthetic reasons. City Council Minutes October 5, 1970 Page 7 Mr. 'J... L. Merriam, 172 Orange Drive, appeared before.the City Council objecting to a 'charge-by the City for.weed abatement on his property as he had previously paid Karleskint Crum on May 31, 1970 to clear this property and that the City had not touched it since that time. He did not wish to pay for work that was not done. Chief Schlobohm stated that if the lot was not cleared by the City then the Council should cancel the cost of abatement. r On motion of Councilman Miller, seconded by Councilman Blake, that the charges against Mary'V. Chaves-be cancelled and that the Merriam protest be.continued to October 19, 1970. Motion carried. Mayor Schwartz declared the public hearing closed. 10. At this time the City .Council held a public hearing on.the appeal of John H. Deeter from a denial by the Planning.Commission of his request for pre -. zoning to PDR -2 from County A -1 of property located in.the northwest corner at Los Osos Road and Prefumo Canyon. Road.. Mayor.Schwartz declared the public hearing open. John H. Deeter requested Council permission to withdraw his appeal. No one else appeared before the City Council for or against the pre - zoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Sarinq, seconded by Councilman Graham, that the City. Council.accept the request of John Deeter to withdraw his appeal. Motion carried. 11. Communication from the Ad Hoc Committee on Downtown Parking requesting permission from the City Council to initiate a program of a warning notice and statement of witness for overtime parking violations by persons who consistently parked in meter zones and who either owned or were employed by businesses in the downtown area. J. Landreth, member of the Parking Committee, appeared before the City Council explaining the proposal of the Committee to initiate the confirming notice and the.witness statement for .overtime parking violations. He explained that a letter would be sent to al.l employers.in the Parking District explaining the' proposed notice and the procedure which was designed to cope with the problem of chronic violators in downtown San Luis Obispo. He then explained the con- tents of the warn (bng not.i.ce.and of the witness statement which would be of use to the parking enforcement personnel of the City in attempting to fairly enforce the parking regulations. H. Johnson, City Attorney, stated that this proposal had been reviewed with.his office and that it was the next step in attempting to alleviate a chronic parking problem in downtown San Luis Obispo. Councilman Miller objected to the proposal as he did not feel it was proper for the.citizens of the community to .snoop on each other and.play the role of public detective against their neighbors. He.conti.nued that he would vote-against this proposal as he did not feel it was right. Councilman Graham asked if the Committee had looked into whether or not this type of enforcement had been tried in other cities and what the results were. He felt that he would go along with the proposal and see if it was workable and would clear up the chronic meter feeding problem in downtown San Luis.Obispo. Margaret Dunker, 1865 Monterey, wondered if marking tires would help this problem rather.than have private citizens turning in violators. Ethan Jennings wondered if this was .a good program of turning.neighbor against neighbor to enforce overtime parking-regulations. He felt that free parking was the answer and would encourage more people to come downtown to shop. City Council Minutes October 5, 1970 Page 8 Councilman Blake felt the City should try the program proposed by the committee for a. limited period of time to see if. it worked to improve parking.in downtown San Luis Obispo.. Councilman Spring felt that a ninety -day trial period would Mayor Schwartz stated the proposal was a permissive program forced people to file notices with the Police Department. get known chronic all -day parkers to move their cars. . On motion of Councilman Blake, seconded by Councilman Sprin be authorized for a period of ninety days and that a report the Parking Committee on the effectiveness of the program. Councilman Miller voting no. be of some help. and in no way.. Phis program should 1, that the program be submitted by Motion carried, 12. D. F. Romero, City Engineer, presented a list of properties Lacking standard improvements where more than 50% of the block.was already improved, work to be accomplished under the provisions of the 1911 Improvement.Act. He presented sketches showing each property under consideration, dile no. 236 through 251 inclusive. Upon questioning he explained in regard to the_ drainage structure on Johnson Avenue that it was City Council policy to pay to protect the drain- age structure only and not adjacent property. After discussion-of the various - properties to be improved, it was moved by Councilman Miller, seconded by Councilman Blake, that the City Engineer be authorized to proceed. with the im- provements under the provisions of the 1911 Act. Motion carried, with Council- man Graham voting no. 13. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced. ORDINANCE NO. 503, an ordinance amending portions of Article III, Chapter 1, Part 2, of the San Luis Obispo Municipal Code, to adopt amendments to the 1967 edition of the Uniform Fire Code. Passed to print on the .following roll call .vote:. AYES: Councilmen Blake, Graham,-Spring, Miller and Mayor Schwartz NOES: None ABSENT:. None 14. Communication from Ethan.Jennings, architect, objecting to the procedures, practiced by-the Building Department in processing building permits.. He stated that his objection was based on the fact . that the Building Department did not_ process the various plans for a building throug[L.the affected departments such as engineering, water, etc. He.stated that.the building permit impl.ied that this was done. The reason for his complaint was that after receiving approval from the Building Department on building plans and starting work on the build- ing, he was informed that the engineer had not checked the engineering and that additional time was lost and additional cost placed on the development. Jack Kellerman, Chief Building Inspector, presented a report stating in defense of the complaint that due to the press of business in the Building Department, this particular set of plans had not been referred to other departments.but that it was standard procedure to route plans through the.affected departments and that this would be reinforced with written instructions. In reply to Mr. Jennings} charge that construction was delayed due to this oversight, the records of the Building Department showed that there was no delay caused by the grading permit but that on several.occasions, when the inspectors:.were ready, the contractor was not .prepared for inspection. The matter was received and filed as procedures had been established to guarantee that no repeat of the problem occurred. 15. Communication from the Building Department and the Fire Department requesting that the City Council. authorize the City Attorney.to begin civil proceedings to abate a pub[ ic.nuisance and require the owners and operators of the Anderson. Hotel to comply with the orders of the.Building and Fire Departments and to show cause why the premises should not be vacated above the first floor for public safety reasons. City Council Minutes October 5, 1970 Page 9 Further, unless ail requirements of the Building permit issued for the remodel- ing of the restaurant were complied with prior to the filing of said complaint against the hotel, they asked that the Court also be requested to order the operation of the restaurant suspended until the public safety hazards in that portion of the building had been eliminated. The Chief Building Inspector and Fire Marshal then presented documents listing violations to the building and fire codes of the City and further these employees reported to the Council that they had been attempting to work with the owners and operators of the Anderson Hotel since early.1969 to correct these problems. H. Johnson, City Attorney, presented for the Council's information a chronological list of events leading to this request by the Building Inspector and Fire Marshal for the City Council to commence legal action to close the Anderson Hotel. He continued that in addition to the letter on file with the City Council listing the violations that he personally had met with the owner - operator of the Anderson Hotel in an attempt to expedite the correction of the violations existing in the structure.. He had tried to work out a schedule for the owner to make these corrections but reported sadly that to date no action had been taken to clear up the matter. H. Murphy, attorney for the owner - operator of the Anderson Hotel, reported to the City Council that the hotel owner was not ignoring the requests of the Fire and Building Departments, but was attempting to correct any and all violations brought to their attention. He requested that the City Council continue the matter for one more meeting so that he could present on behalf of his clients documentation of what had been done in trying to bring the hotel building into compliance with City laws since purchased by Mr. and Mrs. Hegarty.. He also asked for this delay so that a schedule could be given to the City Council on the periods of time when the violations could be corrected. , Mr. Hegarty, owner- operator of the Anderson Hotel, stated that some of the problems had been brought about by his attempts to remodel and clean up the basement of the hotel. The remodelling consisted of removing the wooden frame 1 part t:igns_:.tn.the . basement•tfat could be a fire hazard but he felt that some of the problems were also'caused by the City stopping his building permit for remodelling the basement. H. Murphy, Attorney, again asked for a two week delay on this matter so that the proper answer could be prepared on behalf of Mr. Hegarty and a schedule could.be made for correction of violations. J. Kellerman explained that he had placed a stop order for es the owner did not have a building permit to cut stairwell.to the basement. He also wanted the Council staff had not received any.cooperation from the owner during the time involved in attempting to clear up the on Mr. Hegarty's contrac- a hole in the floor for a to know that the City operator of the hotel violations in the hotel building. H. Johnson n. City Attorney, stated that it, would take some time for him to prepare the complaint against the Anderson Hotel wi.th all the exhibits that would be necessary and he felt that during this time the Anderson Hotel management could push ahead with correction of.violations and that any.work completed would be excluded from.the complaint. On motion of Councilman Blake,.seconded by Councilman Miller, that the City Council uphold the findings and recommendations of the Building and Fire Departments and that the City Attorney be.instructed to prepare complaints to abate the nuisance but that any improvements made filing of the complaint be deleted. Motion carried. the necessary prior to the Councilman Miller urged that Mr. Hegarty move along as diligently a in clearing up the basement in defense of the safety of the tenants of the building from potential fire hazards. possible and residents 16. Communication from Jack Kellerman, Chief Building Inspector, notifying the City Council that the factory built housing from American Home Industries of Bakersfield had not received State approval, which he felt should be a requirement before the units were allowed in the City. He also informed the Council that an application had been made to the State Department of Housing and Community Development for approval of American Home Industries but to date no approval had been forthcoming. The communication was ordered received and filed. City Council Minutes October 5, 1970 Page 10 17. At this time the City Council considered the proposed ordinance prohibiting excessive noise within the City. H. Johnson, City Attorney, stated that the proposed ordinance had been forwarded to the Citizens Advisory Committee for opinion as requested by the City Council and they had reviewed the ordinance and had made changes which were now being'. recommended to the City Council. He continued that the changes recommended to the Council were not the unanimous opinion of the Citizens Advisory Committee 1 but were a majority recommendation, the minority believing no local ordinance on the subject was necessary. The Council received a communication from the Motel Hotel Association urging that the City Council adopt and enforce a very strict anti -noise ordinance as they felt that noise pollution in the City was becoming intolerable. The Council received a communication from Theresa Bondshu urging the adoption of a strict anti -noise ordinance for the protection of the peace and quiet.of the citizens of the community.. She concluded that the noise caused by motor vehicles without mufflers or with improper mufflers was becoming an annoyance to the citizens of San Luis Obispo. Mayor Schwartz declared the public hearing open. Clyde Dyke, 22 Tassajara Drive, objected to the proposed quiet.period of'12:00 midnight to 7:00 A.M. and felt that the quiet period should be from 10:00 P.M: to 7:00 A.M. Mike Gracia, 1127 Foothill Blvd., asked for a definition of what was meant by excessive noise. H. Johnson, City Attorney, again read the section defining excessive noise.: Dennis Hynes, 1486 Oceanaire Drive, urged the City Council to enforce a,,strong:,. anti -noise ordinance from 10:00 P.M. so that by midnight it would be quiet. Ethan Jennings suggested that the City take decibel readings which would give the noise level without establishing arbitrary criteria. H. Johnson, City Attorney, agreed that the decibel readings would be of great help in prosecuting violators of the anti -noise ordinance. Bob Newhart, member of the Citizens Advisory Committee, felt that the ordinance was not needed as there were sufficient laws of record at this time and he did not feel that just_ passing laws made a City a better place to live. Gary Fowler, 777 Mill Street, felt that existing laws were sufficient to.handle any problems and that new anti -noise laws were not needed. He felt that if existing ordinances were properly enforced and then backed up in court, there. would be no problem in the community. Mayor Schwartz declared the public hearing closed. Councilman Graham stated that he agreed with the comments of Mr. Newhart and Mr. Fowler as he felt the citizens of San Luis Obispo should recognize that this was a college community with a great number of young people and that :a 10:00 P.M. quiet time was,too early and that 12:00 midnight.should be.the. earliest time limit particularly on weekends. Councilman Blake felt that a limit of 10:00 P.M. was late enough as he felt that the citizens of San Luis Obispo were entitled to get some sleep.. He felt.that the anti -noise ordinance was a good thing for the City but suggested that this: matter be continued so that the Council could check the revised ordinance with the original draft. Councilman Miller felt that as this was a college community with young people living together a..certai.n amount of noise would exist. He .felt that some of the people who complained were unreasonable particularly when they complained of noise at 6 or 7 P.M. in the evening. He did not feel that the ordinance was necessary. City Council Minutes October 5, 1970 Page 11 Councilman Spring felt that the terminology used in the ordinance would.make it very difficult to enforce and prove violations in court. He stated that if the ordinance were adopted by the Council that it would not or could not be enforced. Mayor Schwartz agreed with Councilman Blake's suggestion to continue consideration of the ordinance to review the recommendations of the Citizens Advisory Committee. On motion of Mayor Schwartz, seconded by'Counc.ilman Blake, that the ordinance be continued to October 19, 1970. Motion carried with Councilman Miller voting no. 19 and 20. D. F. Romero, City Engineer, again submitted for the Council's consideration a list of channel obstructions which had.not been cleared by the property owners with a preliminary cost estimate for correcting the obstructions except for the Stan Cole property which involves preparation of plans and specifications. The other procedures were relatively minor in nature and could be corrected easily. The followi.ng properties were.included on his list:- 1010 N.ipomo, 546 Higuera, 531 Dana, 374 Broad, 172 Broad,.1027 Nipomo, and 1041 Hi.guera. H. Johnson, City Attorney, presented a legal opinion that the City Council might proceed under the various provisions of.the Municipal Code requiring that the channel obstructions be cleared by the property owner and if not, the City could order the work done and make the charges a lien against the property. He contin- ued.that the property owner at ail times could.go to the courts to determine whether the Council's action had been arbitrary or capricious.but he continued that he felt any court would sustain summary abatement proceedings in such cases. particularly since the conditions in the concerned properties fell within the definition of a public nuisance. D..F. Romero, City Engineer, stated that he had reached a tentative agreement with Mr.- J. E. Hazard for a more .Iimited creek improvement at a cost of approximately $2,000. The City Council then reviewed each of the remaining channel obstructions still not corrected. D. F. Romero informed the City Council that the concerned property owners had not been notified that this was to be a public hearing on the problem. Mr. Jones, attorney for J. E. Hazard, stated that his client was willing to do whatever minimal work was needed to alleviate the channel drainage problem. He understood that they would do this work under the condition that after the minimal work had.been completed that the City would pursue implementation of engineering and financial studies.to initiate a special assessment district.to improve'the entire drainage channel.basin and then have it paid by not only property owners adjacent to the creek but also by those'properties that con- tributed to the drainage problem. Councilman Spring objected to requiring Stan Cole to pay for the entire improve- ment of his building as he felt that the City abetted the property owner when it approved the building with the support in the creek. Mayor Schwartz asked what the City's liability would be if the minimal improve- ments put in by Mr. Hazard were not adequate and caused flooding problems. H. Johnson answered that any improvement to the channel would be better than the existing conditions and,.since,the creek.is located on private property,'the property owners concerned bear the basic legal responsibility: Mr. Jones, attorney, stated that he and his client recognized that the City. Council could not guarantee that a special assessment district would be formed but they would appreciate it if the City Council would at least begin studies for a drainage district and special assessment. On motion of Councilman Blake, seconded by.Councilman.Graham,. that Mr. Hazard be authorized to proceed with,minimal improvements in the channel as approved by the City Engineer. Motion carried... City Council Minutes October 5, 1970 Page 12 Bob Leitcher stated that he would contimue to object to the City requiring. that his property be improved without including all properties along the creek:- He felt that the City Council was proceeding unfairly and this was bad government. H. Johnson, City Attorney, again listed the actions that the Council,could take in this matter to protect the City. Councilman Graham stated that he.would like to see the trees on the Leitcher property saved . when the drainage improvements were accomplished. Councilman Miller agreed that the trees should be saved and the area where the flooding problem exists be cleared. Councilman Spring stated that he did not feel that the Leitcher property had caused any problem during the 1969 storm and felt that.the.trees should be saved. On motion of Councilman Miller, seconded by Councilman Blake, that all channel obstructions on the. Iist. except Cole be removed by the property owner; if not by the property owner, then the City would remove the obstructions and make the cost a lien against the property. Motion carried on the. following roll call vote.: AYES: Councilmen Miller, Blake.and Mayor,Schwartz NOES: Councilmen Spring.and Graham ABSENT: None On motion of Councilman Miller, seconded by Councilman Blake, that the preceeding motion be rescinded and the .following motion substituted:. All.channel obstruc- tions on the list except Cole and Leitcher be' removed by the property owner and if not done by the property owner, then the City would remove the obstructions , and make the.cost a lien against the property. Motion carried on the following roll call vote: AYES: Councilmen Miller, Blake, Spring and Mayor Schwartz. . NOES: Councilman Graham ABSENT: None On motion of Councilman Blake,,seconded.by. Councilman Miller, that the.channel obstructions on the Leitcher property be removed by the property owner and if not done by the .property owner, then the City would remove the obstructions and make the cost a lien against the property. Motion carried on the following roll call vote: AYES: Councilmen Blake, Miller and Mayor Schwartz NOES; Councilmen Graham and Spring. ABSENT: None 21. R. D..Young, Planning Director, presented the staff.recomme.ndations on the area to be included in the airport annexation to include the area south and east of the City of San Luis Obispo which must be processed under the State Laws dealing with inhabited annexations as .there were over twelve registered voters living in the.area... 22. TRAFFIC COMMITTEE REPORT OF OCTOBER 1, 1970. 70- 10 -1T. It is our understanding that a number of residents in the San.Luis Drive area have petitioned.the.Council to have the .dip re- installed in San Luis Drive at Andrews Street. There is also a footnote . presumably written by one of the petitioners suggesting that, as an alternate, stop signs be placed on San Luis Drive at Andrews. City Council Minutes October 5, 1970 Page 13 The Traffic Committee of course recommends against re- installation of the.d.ip because its removal should do much to avoid.a hazard.for motorists.at that Iodation. On the question of stop.signs,.,we.feel that we should not consider such.a proposal unless some evidence.of a majority sentiment among members of the.nei.ghborhood were evidenced.' We recommend that'the City 'Clerk correspond with the circulator of the petition-to this.effect.' Mrs. Betty Farmer, 1920 San Luis Drive, appeared before the City Council urging that.the City Council either replace the dip at San Luis Drive and Andrews Street or install a stop sign stopping San Luis.Drive traffic for the safety of.the children living in the area. She continued that motorists drove through this area at extremely high rates of speed and that all that slowed them down was the knowledge of the.dip in the street. Now that it has been removed, there was nothing.to..slow the high speed'traffi.c. Mrs. Dan Wolfe suggested to the City Council th_at.now that the dip had been re- mo4ed they should consider the installation of a berm at Andrews Street to slow automobiles for the protection of the children in the area. Dr..Baring Farmer stated that he realized that.the high speed drivers.on San, Luis Drive were..primarily residents of the area who.had full knowledge of the conditions in the neighborhood but apparently there was noway to change people's habits: He felt that some deterrent to speed must be found before some child was - .killed on.San Luis Drive. Dr. Field urged that something be done to curb high speed motorists on San Luis Drive. He suggested installation of school crossing signs -at Andrews Street. 70- 10 -3T. For some years, the City staff has been observing the hazardous traffic conditions at the corner of Mill and Osos Streets resulting from a combination of heavy traffic, narrow roadways and poor visibility. There have been a number of accidents, and this is one.of the.main exit routes from the freeway. We feel that conditions would be greatly improved if the following steps were taken: (1) The first green space west of Osos on the north side of Mill Street be replaced with a red zone; (2) The first unrestricted space east of Osos on the south side of Mill Street be painted red; C31 The three unrestricted spaces west of Osos on the south side of Mill be painted red. On motion of-Councilman Blake,.seconded by Councilman Graham,.the following resolution was introduced. RESOLUTION NO. 2109; a resolution establishing stop signs on San -Luis Drive and red zones, on Mi'll'Street. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None 70- 10 -2C. The Traffic Committee has held an initial discussion on the subject of bikeways in the City. Mr. Romero has done some study on possible bike paths along .Grand, California and Foothill. Mr. Ecklund is, also writing.to the cities of Davis, Menlo Park and Palo Alto to secure information about their programs, and such data will be made available to members of the'Citizens Advisory Committee as 1 well as the Traffic Committee. 70= 10 =4T. Mrs. Marilyn Juds, 1448 Garcia Drive, writes a letter to the Mayor asking that the present spedd limits on Los Osos Road and Madonna be reduced to 25•mph in the interest of protecting children crossing these main thoroughfares and playing on the side streets.. It should be poi.nted.out that Los Osos Road in the vicinity of Garcia Drive is in the county, and the City followed the County lead in setting the speed limit on Los Osos Road. Actually, however, the 50 mph limit reduces to 25 mph in front of the school when classes are in session. City Council Minutes October 5, 1970 Page 14 The main reason for setting our limits at 50 mph to coincide with the County's was that all surveys show that motorists on this type of road are .going. to travel at what they feel is a resonable speed (about 50 mph) regardless of the limits set.by public authority: The theory goes that by setting an unreasonably low limit and enforcing it, you are.engaging in entrapment. In view of the above,.it is felt that setting a 25 mph speed limit might tend to give parents and their children a false sense of security by making them feel that it is safe to play on the streets which is almost never true. The Traffic Committee therefore recommends against any change in the present speed limits.on Los Osos and Madonna. If the Council concurs, It is suggested that the City Clerk write Mrs. Juds to this effect. Mrs. Marilyn Juds appeared before the City Council urging that the City.Council not support the recommendation of the Traffic Committee so that some traffic device could be installed at Los Osos Road and .Madonna Road . to reduce the high speed traffic for the safety.of the children going to C.L. Smith School and the new Junior High School. 70- 10 -5T. The Traffic Committee has received a request for an additional street light or lights in the vicinity of the new Paragon.apartment complex on Ella . Street. While this would make.it quite a short distance between existing.lights we feel that an.additional light on pole 1029 would.be justified.because of the difference of terrain at that location and the volume of traffic entering and leaving the apartment house parking lot. We recommend that the City Engineer be authorized to order such a light. The recommendations of the Traffic Committee were approved on items 70- 10 -2T, 70 -10 -4T and 70- 10 -5T..: 12:15 A.M. - Councilman Spring. left the-meeting. 23A. Councilman Miller requested Council permission to appear before the Senate Select Committee on Rapid Transit, with expenses to be paid by the City, the hearing to be held in San Francisco on October 8, 1970. The Council approved the request of Councilman Miller. The following discussion items proposed by Councilman Miller were continued: 23B. Discussion of CABLE TV educational channel 23C. A discussion of additional representation of the County Open Space Advisory Committee 23D. Discussion of dissolution of the Design Review Board 23E. Discussion of a public transportation commission 23F. Discussion of City purchase and development of land for housing 23G. Discussion of a flood plain zoning in Los Osos Valley 23H. Progress report on the proposed water and sewer assessment district for Los Osos Valley. 24. Communication and request from the Retail Merchants Association asking that the City Council authorize Higuera Street between Morro and Chorro and between Chorro and Broad to be closed to vehicular traffic from 7:00 P.M. to 10:00 P.M. October 22, 1970, so that an auto show of the 1971 models could be placed on the street during the Retail Merchants Annual Moonlight Sales Event. Emergency lanes would be left open for fire and police.. R. D. Miller, Administrative Officer, informed the City. Council that the City normally did not allow Higuera Street to be closed, for a merchant promotion as this was the main street of the community. On motion of Councilman Miller that -the request of the. Retail Merchants Association be denied. Motion died for Lack of a second. On motion of Councilman Graham, seconded by Councilman Blake, that the request be approved and Higuera Street be closed. 1 1 1 City Council Minutes October 5; 1970 Page 15 Motion carried on the following roll call vote: AYES: Councilmen Graham, Blake and Mayor Schwartz NOES: Councilman Miller ABSENT: Councilman Spring 1 25. R. D. Young, Planning Director, brought to the Council's attention the fact that in the street tree contract an :alternate provision for allowing an increase of up to 25 trees at the bid price was included and now that the bads had been received at a reasonable amount, he suggested that the City Council increase the contract for 25 trees. On motion of Councilman Blake, seconded by Councilman Miller, that the Heather - wood contract be increased by 25 additional trees. Motion carried. 26. Mayor Schwartz adjourned the meeting to 7:30 P.M., Monday, October 12, 1970. APPROVED: November 16, 1970 1 t� �1 '� iii °�,/•��•_ �i' ,,0171`5_ATRICK, CITY CLERK