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HomeMy WebLinkAbout01/18/1971MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA January 18, 1971 - 7:00 P.M. City Hall Pledge Roll Call Present: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. Rodgers, Police Chief; E. P. Thompson, Water Department Director. C -1. The City Council approved the minutes of December 7 as corrected and also approved the minutes of December 14, 1970. C -2. The City Council authorized payment of claims against the City subject to the approval of the Administrative Officer. C -3. R. D. Miller, Administrative Officer, announced the appointment of James Ritterbush as Fireman, effective February 1, 1971, at Step I or $658 per month. C -4. On motion of Councilman Miller, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2137, a resolution making adjustments in the 1970 -71 budget. (For Whale Rock) Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None C -5. On motion of Councilman Graham, seconded by Councilman Spring, the Mayor was authorized to execute the agreement with Lee Walters Advertising Agency for promotion of San Luis Obispo in 1971. Motion carried, Councilman Miller voting no. C -6. On motion of Councilman Miller,. seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2151, a resolution ap- proving the consolidation of the Municipal Election with the San Luis Coastal Unified School District, the San Luis Obispo County Junior College District, and the San Luis Obispo County Board of Education elections. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes January 18, 1971 Page 2 C -7. R. D. Miller, Administrative Officer, presented for the Council's con- sideration specifications for replacement of various pieces of automotive and construction equipment for the City: four (4) police cars, two (2) motor scooters, one (1) wheel loader, (1) one brush chipper and one (1) motor grader. He continued that the City Engineer had requested that the City include a mandatory alternate in the bid for the grader with a provision that after four (4) years the supplier would buy back the grader at a fixed price. R. D. Miller stated that he felt the Council had indicated that the buy- back provision should be an alternate and not a mandatory requirement. On motion of Councilman Spring, seconded by Councilman Blake, that the City accept the specifications with the optional alternate proposal on the motor grader. Motion carried, Mayor Schwartz voting no. C -8. The City Council approved the following salary step increases: Bullock, Dennis A. - Fireman' From Step 4 or $776 to Step 5 or $824 Caselman, Mary Belle - Stenographer From Step 1 or $484 to Step 2 or $512 Hughes, Kathy - Dispatcher.Clerk From Step 1 or $456 to Step 2 or $484 Michel, Kathleen T. - Stenographer From Step 1 or $484 to Step 2 or $512 Young, Terry N. - Police Officer From Step 2 or $734 to Step 3 or $776 C -9. The City Council approved granting extended sick leave to the extent accumulated by Nancy G. Brown. c -10. The request of Mr. and Mrs. Charles Willis to move their cardroom from 1020 Railroad Avenue to the Anderson Hotel, add one more table to their permit and to include Hershel Ratteree as a partner on their permit was re- ferred to the Planning and Building Department, Fire Department, and Police Department for reports. On motion of Councilman Miller, seconded by Councilman Graham, the consent items were approved with the exceptions indicated. 1. The City Council considered the final passage of Ordinance No. 510, an ordinance amending the official zone map of the City of San Luis Obispo. (To prezone Lots 82 and 83 of the.San Luis Obispo Suburban Tract from County M -1 -D AH to District City R -H AH). R. D. Young, Planning Director, reviewed the recommendation of the Planning Commission. Mayor Schwartz declared the public hearing open. No one appeared before the Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Graham, the following ordinance was introduced for final passage. ORDINANCE NO. 510, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To prezone Lots 82 & 83 of the San Luis Obispo Suburban Tract from County M -1 -D AH to City R -H AH District) Finally passed on the following roll call vote: AYES : Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 1 1 1 City Council Minutes January 18, 1971 Page 3- 2. The City Council considered amending the Municipal Code to reduce the area requirements for condominium development from 36,000 square feet of land area to 6,000 square feet of land area. R. D. Young, Planning Director, presented the recommendation of the Planning Commission. 1 Mayor Schwartz declared the public hearing open. No one appeared before the Council for or:�against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Graham, the following ordinance was introduced for final passage. ORDINANCE NO. 511, an ordinance amending the Municipal Code to reduce the area requirements for condominium developement from 36,000 square feet of land area to 6,000 square feet of land area. Finally passed on the following roll call vote: AYES: Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: Emmons Blake ABSENT: None 3. The City Council held a public hearing on the final passage of Ordinance 512 an ordinance of the City of San Luis Obispp approving the annexation to said City of certain uninhabited territory designated "Prefumo Canyon Road Annexation No. 1 ". D. F. Romero, City. Engineer, presented a sketch of the area being considered for annexation. 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 Miller, seconded by Councilman Graham, the following ordinance was introduced for final passage. ORDINANCE NO. 512, an ordinance of the City of San Luis, Obispo approving the annexation to said City of cer- tain uninhabited territory designated "Prefumo Canyon Road Annexation No. 1" Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT- None 4. The City Council considered the request of Paragon Homes, Inc. for approval of Tract No. 374. D. F. Romero, City Engineer, stated all improvements required by the sub- division agreement were in accordance with the plans and specifications and he recommended acceptance of the tract by the City. City Council Minutes January 18, 1971 Page 4 On motion of Councilman Spring, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2153, a resolution accepting the public improvements in Tract 374. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 5. At this time the City Council held a public hearing to hear complaints concerning the cost of sidewalk improvements on the following properties: Southern Pacific Company Calif.. Blvd. between $4,251.40 Hathway & 101 Freeway. D.W. & L.M. Gleason 1227 Stafford 104.40 The following have requested a three -year option: R.L. &V.M. Andreini 12 Hathway 269.00 A. Nelson 1223 Stafford 899.00 R.L.. &M.A. West 348 Hathway 325.00 A. Salazar 450 Calif. Blvd. 189.00 M.B. Hill 230 Hathway 467.00 Mayor Schwartz declared the public hearing open. No one appeared before the Council to protest the cost of installation. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2144, a resolution confirming costs of sidewalks constructed pursuant to the Municipal Code. Passed and adopted on the following roll call vote: AYES Emmons Blake, Myron Graham, Donald Q. Milter, Arthur F..Spring, Kenneth E. Schwartz NOES: None ABSENT: None 6. The City Council considered nine (9) petitions signed by sixty (60) property owners along the banks of Old Garden Creek, requesting that the City Council take action to: 1. Replace the culverts with bridges on the streets having such between Chorro and Broad Streets. 2. Restore the channel of said creek, as nearly as possible, to its original width and depth. 3. Inasmuch as the undersigned property owners are suffering damage to our various properties due to construction up- stream which materially increases the amount of drainage in said creek, it is requested that the cost of this pro- ject be paid from the General Funds of the City of San Luis Obispo rather than being assessed against the indi- vidual property owners whose land abuts on said creek. 1 1 1 City Council Minutes January 18, 1971 Page 5 D. F. Romero, City Engineer, explained that Old Garden Creek is privately owned and inadequate for any major storm. City structures at Center Street, Mountainview, Lincoln and Broad Streets are.a'll too small and must be enlarged, the least adequate of these.being Center Street. He explained that the Center Street structure overtops an average of .once a year during major storms. W. L. Righetti, 251 Chorro, urged that the City Council reconstruct the cul- vert under the Center Street Bridge between 'Broad and Chorro-.Streets in order to avoid the flood conditions that have damaged adjacent property. R. D. Miller, Administrative Officer, stated that the Center Street culvert was number thirty =five (35) on the Capital Improvement.Program list. D. Coelho, 795 Center Street, urged replacement of the culvert to protect his property. Einar Anholm, 257 Chorro Street, urged that the City do some work to improve the drainage at Center Street to protect adjacent property owners._ On motion of Councilman Miller, seconded by Councilman Graham, the City Engineer was authorized to prepare plans and specifications for enlargement of the culvert on Center Street between Broad Street and Chorro Street for future construction by the City. Motion carried. 7. The City Council considered a communication from John G. Austin, 1798 Oceanaire Drive, requesting that the City abandon a portion of its drainage and utility easement at the back of his property so he could build an addition to his home without encroaching on the easement. D. F. Romero, City Engineer, stated that the City had no need for this land and that-the drainage ditch was protected. He had no objection to the City granting a variance or encroachment permit to J. Austin to build in the City easement. John Austin stated that his loan agency requested that the easement be abandoned prior to a loan being granted as they did not feel that an en- croachment permit would be acceptable toy them.. On motion of Councilman Miller, seconded by Councilman Blake that the request be referred to the Planning Commission to start abandonment proceedings as requested by John G. Austin. Motion carried. 8. The City Council received a communication from Dr. Richard J. Kres,ia questioning the progress on the Council's pledge to preserve and maintain the City streams as natural fisheries free of pollutants and litter and the preparation of a master plan that would indicate anti- pollution and anti - litter controls that would achieve this goal. Dr. Kres.ia appeared before the City Council and reviewed for the Council the acts and activities that had taken place in San Luis Obispo to the detriment - of the creeks and he reminded the Council of its promise to do all that was possible to halt the degradation of San Luis Creek. He then read for the Council's information, the minutes of the City Council meeting of Jan. 12,1970 where the City Council took action to halt pollution in the creeks and to start-a progressive program to control and beautify the creek. He continued that after the action taken by the City Council in January 1970, he did not feel that any further real action to protect the environment or wildlife of our creeks had been taken. One year had passed and nothi.ng had really been done to protect the creeks. Bob Barrows, 870 Meinecke Street, again urged the City to pass a strong ordinance which would punish violators who desecrated the creek. John Mason, Crandall Way, urged the Council to take leadership in cleaning up the environment. City Council Minutes January 18, 1971 Page 6 Councilman Blake felt that the City.Council had been moving ahead with.en- vironmental problems while still keeping in mind the otherneeds.:of .the_ community. While he supported the points made by the Mayor at the January 12, 1970 meeting, he still reserved the right to question each problem as it was presented for correction. Councilman Miller felt that the City moved very slowly in any program and also felt that the $24,000 of City funds.being allocated to promotion program . might be better spent in improving the creeks in San Luis Obispo.. He felt - further that the City should proceed with the acquisition of creek easements to improve the creeks and allow access by the citizens of the community but he pointed out that axcept for street intersections and a portion.of Mission Plaza, the creeks were not owned by the City and were in private ownership. Councilman Spring felt that property owners should keep their own property clean and that the City should cite violators for any violation to the fullest extent of the law. Councilman Miller felt that taxpayers' funds should be expended to acquire creek easements for future use by the City. Mayor Schwartz.explained that the slowness of the government in accomplishing new projects or developing action.was caused by the slowness of the citizens in accepting change urged upon them.by.government. He stated that the pro- ponents urged the Council to take courage and pass new laws to protect the creeks but that.any new laws passed by the City Council would require exten- sive expenditure of time by the City.Staff to enforce and.taxes would have to be raised in order to beautify private property or acquire it for public purposes. Mayor Schwartz informed the public present that the Chamber.of Commerce. Ecology Committee was having as a.speaker, Mr. Kenneth Blackman, City Manager of Santa Rosa; who spearheaded the creek preservation program of that City. Mr. Blackman would speak at 7 :30 P.M. on January 22 in the. Council Chambers of the City Hall. The Mayor then reviewed actions taken by the City Council in the past year to clean up the creek: First studies were made by the Engineer, flow studies and additional clean up of the City creeks by City crews, etc. Mayor Schwartz concluded that the City Council would continue to move ahead as deliberately as.possible but felt that a great amount of education of the public must be accomplished before the benefits of cleaning the creeks will be accepted. Dr. Kres_ia thanked the Council for its consideration and hoped.that they would proceed with creek preservation as rapidly as possible. Dave Burgess, Brizzolara Street; explained the difficulty he incurred when he attempted to file a complaint with the City.Police when he witnessed oil being dumped into the creek on the Piantanida property. He urged the.Council to adopt strict laws to protect the creeks from pollution and also pass regulations so that complaints could be filed against violators. H.. Johnson, City Attorney, explained the legal procedures required in pro- cessing complaints when the violation is not witnessed by a police officer. Skip Carr, Vice President of the Cal Poly Ecology Now Committee, asked that the City adopt a procedure so that interested citizens could follow a legal complaint procedure to stop violators who were polluting the creeks. He. also agreed with the Mayo.r's statement that an awareness program must be initiated to let the public know the problems of polltuion. John Wayne,.Stenner Street; asked if there.was any way the.City:-dou.ld control pollution that occurred in the City creeks outside the City limits. He also felt that the City was wrong in spending $24,000 for advertising when it could not clean up the greatest asset the City had - the.creeks. 1 1 1 1 I 1 City Council Minutes January 18, 1971 Page 7 H. Johnson, City Attorney, explained that the City had no enforcement authority outside the City limits and any pollution outside the City was under control of the County. Mayor Schwartz felt the Council was aware.of the publi.c interest in the creeks and felt that after the discussions of this evening, the Council would, hope- fully, move ahead urged on by the interest shown. He thanked eveyone for participating in the discussion and hoped that more could be done to save the creeks. 9. D. F. Romero, City Engineer, reported that if the City wished to qualify for Federal Flood Insurance Program, certain documents and reports must be submitted by December 31, .1971. .He continued that the initial costs for the necessary studies would be approximately $2,150 in.engineering time plus an additional $4,000 within _a year and that a $1,000 per year continuing cost would be assumed in order to keep the reports current. He continued that one detrimental aspect of the program.was that if the City complied with flood insurance programs only its citizens who afford themselves of the insurance would be.eligible for flood disaster proceeds. He continued that there was a question whether flood insurance would only be available on navigable streams. He felt if this were true, few in San Luis Obispo would qualify. The matter was continued and the City staff was to investigate the matter of navigable streams. 10. The City Council received a request from the San Luis Obispo Veterans of World War I to solicit the professional and business people of the City for funds to-aid sick and disabled members and their families through a fund raising promotion called "Book Marathon ". On motion of Mayor Schwartz, seconded by Councilman Blake, that the Veterans organization could solicit upon payment of the necessary license fees unless the solicitation were done by.legal members of the organization. Motion carried with Councilmen Spring and Miller voting no. . 11. James Landreth presented the third and final Report of the Ad Hoc Committee Appointed to Study Downtown Parking Problems. The recommendations of e comma ee were (1) that in terms of immediate planning and action, the City.Council initiate a. discussion with the County Board.of Supervisors concerning the acquiring of the property on Palm Street across from the City Hall for future use as a parking lot and should this action prove not to be feasible, then the City and /or the Parking District should consider proceeding alone; (2) that the long term solution to the parking problem associated with the.governmental center (C.ity.and.County. facilities) should include colo operative = participant planning on the part "of the State 'County and City toward the development of a long -range facility master plan for this down- town area as a governmental center which would take into consideration joint services, facility needs of the various.entities, traffic patterns, land- scaped areas, and parking for employees and members of the public doing business with the governmental entities.. Mayor Schwartz thanked the Committee for its fine work and reports and for the time spent on behalf of the City. The matter was referred to the City Council study session with copies to be made available to the Planning Commission. 12. At.this time the City Council considered the tentative map.of TRACT 402 D.. F. Romero, City Engineer, explained the scope of the work to be done in this subdivision and presented the following six conditions established by the Planning Commission for the approval of the map:. 1. Completion of full improvements on Oceanaire Drive within one year or prior to occupancy of first phase. City Council Minutes January 18, 1971 Page 8 2. Completion of remainder of improvements on Galleon Way, Royal Way, and Los Osos Valley Road within two years or prior to occupancy of second phase. 3. The. storm drainage traversing the property shall be realigned to the satisfaction of the City Engineer. Said pipe shall be to City approved strength and grade. 4. Utility easements shall be provided in.accordance with the requi-rements of the utility companies. 5. The developer shall install street trees in accordance with the adopted City Tree Planting Program. Trees shall be placed 30 feet on center unless otherwise designated by the Parks Department and shall be 15 gallon stock. Species of trees to be approved by the Department of Park and Recreation. 6. Developer shall install fire hydrants and wharf hydrants as re- quired with number and location to be determined by the Fire Chief. The City Council discussed the conditions established by the Planning Com- mission and amended number 5 to require the deposit of $1.00 per front foot of all streets for the street trees in accordance with City policy. On motion of Councilman Graham, seconded by Councilman Miller, the tentative map of Tract No. 402 was accepted with the conditions recommended by the Planning Commission with condition 5 amended to require.$1.00 per front foot for street trees. Motion carried. 13. At this time the City Council considered the tentative map of TRACT 408. D. F. Romero, City Engineer, presented the tentative map of Tract No. 408 and also presented the conditions established by the Planning Commission for approval of the tract: 1. Developer shall extend a 10 -inch sewer main from the intersection of La Cucaracha Court and Royal Way to adequate connection at Los'Osos Valley Road and Oceanaire Drive by means of an approved alignment, which generally will fall within future paved areas, and will dedicate an adequate easement. The City will pay for the difference between an 8 -inch and 10 -inch line. 2. Minimum street grades to be 1 %. 3. A stop sign shall be installed at Royal Way. 4. Water installation shall meet the requirements of the Water Superintendent. 5. The developer shall provide.easements in accordance with the requirements of the utility companies. 6. A fee of $1.00 per lineal foot of street frontage shall be deposited for. the planting of street trees by.the Park and Recreation Department.. 7. Lot frontage exceptions are hereby granted for Lots 16 to 20. On motion of Councilman Graham, seconded by Councilman Miller that the tenta- tive map of Tract No. 408 be accepted with conditions 1 thru 7 to be estab- lished as recommended by the Planning Commission. Motion carried. 14. Wesley Conner, Vice Chairman of the Park and Recreation Commission and member of the City's Tree Committee, presented for the Council's consideration a revised street tree ordinance. He then reviewed the proposed ordinance, explaining the changes from the existing ordinance to the proposed ordinance for each section. He suggested that the City Council study this proposed ordinance and set a public hearing so that comments.from the.public could be heard prior to adoption of the ordinance. On motion of Mayor- Schwartz,.seconded by Councilman Graham, a public hearing on the proposed tree ordinance was set for February 1,1971 at 7:30 P.M.. Motion carried. 1 I 1 City Council Minutes January 18, 1971 . Page 9 15. Wesley Conner, Chairman of the Advisory Committee for Joint Use of School District Property, presented on behalf of this committee a map and plot plans -of the proposed landscaping for Sinsheimer Park around the new baseball stadium. He.stated that the plants for the project would be grown at Cal Poly as part of a student project and he asked that the City Council tentatively accept this landscaping plan so that the necessary planting of species could be started. ' On motion of Councilman Blake, seconded by Councilman Spring, that the City Council accept the concept of-the landscaping plan as presented by the committee. Motion carried. 16. The City Council considered a resolution from the Chamber of Commerce urging that the City of San Luis Obispo support certain recommendations of the Chamber of Commerce before the County Board of Supervisors relative to improvements of the San Luis Obispo County Airport: Our recommendation is that we accept the proposed realignment of On motion of Councilman Blake, seconded by Councilman Miller, the recommen- dation was ordered received and filed. 17. .Communication from the County Health Officer and the.State Department of Public Health regarding the development of a County -wide program of inspection and control of cross connections to protect water supplies from contamination once they entered the domestic water supply system. The County.proposes that all water purveyors join together and use a staff member hired by the County Health Department to make the necessary inspections and enforce the laws re- garding cross connection. Their proposal was that each water organization could not afford to hire or would not need the services of a fulltime specialist. The estimated cost to the City of San Luis Obispo if it participated in the program would be $6,000 per year. Price Thompson, Water Director, upon question, recommended that the City Council support this program as he felt it was something that should be done but the City could not afford to have a full time.employee for this program. On motion of Mayor Schwartz, seconded by Councilman Graham, that the County ' Health Department be informed that the City of San Luis Obispo would take part in the program effective July 1, 1971. 18. R. D. Young,. Planning Director, presented for the Council's consideration plans for Mission Plaza Phase II, prepared by .Richard Taylor, landscape architect. He explained the scope of the work to be accomplished and the con- struction program for the development of the Plaza. He continued that all modifications and corrections recommended by the staff and Council committee had been made and that the dams in the creek and the landscaping items would be shown as alternates for separate bids in the project. highway 227 which will provide that the San Luis Obispo Airport runway 29, be adequately developed for all weather instrument _service. 2. That approaches to runway and airport structures must be pro- tected with maximum zoning for precision instrument landing service. .3. Encourage the City of San Lui's Obispo to acquire the San Luis Obispo County Airport and be supportive to scheduled air service to this community. 4. That we ask the State Aeronautics Department to immediately p.repare technical engineering figures for this airport, i..e. runway, land to acquire, required surfaces, etc: 5. The Chamber will prepare an economic. growth feasibility study of business aviation activity and transportation demands and forward them to the FAA to change this airport's status on the National Aviation Plan. . 6. We urge the City to concur.in this resolution and forward it to the County Board of Supervisors and the California State Aeron- autics Department. On motion of Councilman Blake, seconded by Councilman Miller, the recommen- dation was ordered received and filed. 17. .Communication from the County Health Officer and the.State Department of Public Health regarding the development of a County -wide program of inspection and control of cross connections to protect water supplies from contamination once they entered the domestic water supply system. The County.proposes that all water purveyors join together and use a staff member hired by the County Health Department to make the necessary inspections and enforce the laws re- garding cross connection. Their proposal was that each water organization could not afford to hire or would not need the services of a fulltime specialist. The estimated cost to the City of San Luis Obispo if it participated in the program would be $6,000 per year. Price Thompson, Water Director, upon question, recommended that the City Council support this program as he felt it was something that should be done but the City could not afford to have a full time.employee for this program. On motion of Mayor Schwartz, seconded by Councilman Graham, that the County ' Health Department be informed that the City of San Luis Obispo would take part in the program effective July 1, 1971. 18. R. D. Young,. Planning Director, presented for the Council's consideration plans for Mission Plaza Phase II, prepared by .Richard Taylor, landscape architect. He explained the scope of the work to be accomplished and the con- struction program for the development of the Plaza. He continued that all modifications and corrections recommended by the staff and Council committee had been made and that the dams in the creek and the landscaping items would be shown as alternates for separate bids in the project. City Council Minutes January 18, 1971 Page 10 On motion of Mayor Schwartz, seconded by Councilman Graham, the City Council approved the plans and specifications and authorized the call for bids. Motion carried. 19. The City Council received a resolution from the City of Rialto urging annual inspection of every motor vehicle for efficient emission control devices. The resolution was received and filed. 20. Resolution from the City of San Mateo.memor.i.alizing the California Legislature to provide meaningful tax relief for the. homeowner by enacting legislation for tax reform which embodies a balanced revenue program to meet the ongoing needs of cities was ordered received and filed. . 21. The City Council considered a letter from Councilman Donald Q. Miller requesting that the City Council consider the adoption of a resolution urging that one working day per month b e set aside to give the air a rest and asking the citizens of San Luis Obispo to leave their cars at home one day per month, where practical, and walking to and from work. On motion of Councilman Miller, seconded by Councilman Graham, that the City Attorney be asked to prepare a resolution for the Council's consideration. Motion carried on the following roll call vote: AYES: Myron Graham, Donald Q.. Miller, Kenneth E. Schwartz NOES: Emmons Blake, Arthur F. Spring ABSENT:. None 22. Councilman Blake brought to the Council's attention the matter of the billing to the .Post'Office to replace a street barricade stolen from the sub post office on Santa Barbara Street during the Christmas holidays and also the charge for repairs to one street barricade damaged by a motorist at the same location. He stated that he felt it was unfair to charge for the barricades loaned to the Post Office Department as many barricades are re- moved by various people and then found by the Police Department and returned to the City Street Department, but as the barricades are not numbered, there was no way of knowing which have been recovered and which are still missing. He also felt that the barricades under discussion had been used at the Post Office for the safety of not only the postal employees but of residents.of the City travelling this route. He recommended that the Council cancel the bill. The City Council agreed with Councilman Blake's comments and the bill was ordered cancelled. D. F. Romero, City Engineer, protested that the Council had directed his department to loan these barricades to the Post Office, rather than requir- ing the Post Office to rent.barricades as is required of any private business. He felt that the Post Office Department should return the barri- cades to the City in their original condition. 23. Councilman Spring brought up the matter of the Council's action' taken at the last meeting in asking the Division of Highways to make an additional study of the new Highway 1 alignment as.it entered San Luis Obispo. He con- tinued that after further study and discussion of this matter and a look at the maps, he felt that the City should follow the original decision made in July 1965 whenihe City Council adopted Route 5A for development. 'He continued that he wished to change his vote on the resolution asking for a restudy and let the hearing go as.planned. Councilman Graham agreed with Councilman Spring's comments and stated that after this matter was brought up at the last meeting he had gone to the Division of Highways office and studied their working design.drawings and he also felt that the original action by the City Council in adopting . Route 5A was in the best interest of the City and he did not now wish= the Division of Highways to restudy the proposal made.by the Mayor to.continue the highway to 101 Freeway but leave it as it was into the Higuera /Marsh interchange. 1 1 1 City Council Minutes January 18, 1971 . Page 11. Mayor Schwartz stated that at the last meeting when he brought this matter up for consideration it was not to eliminate Route 5A from consideration by. the public and the Division of Highways. He .continued that it was his in- tention and he felt that of the Council, to make an additional study of a connection for Highway 1 to the freeway directly east of its proposed align- ment. He felt that the impact of Highway 1 on the community was so important ' that every possibility should be. studied before adopting a final route. On motion of Councilman Sp rinq:; seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2142, a resolution rescinding Resolution No. 2138 and withdrawing the request for a re -study of the pro- posed highway route for Highway 1 near the westerly limits of the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring NOES: Donald Q. Miller, Kenneth E. Schwartz ABSENT: None 24. Councilman Graham asked why the City Police could not enforce the anti - noise ordinance as it related to the use of motor cycles on the City owned property at Laguna Lake Park. He continued that the people living in the Laguna .Lake area were being deprived of their peace and quiet on weekends and in the evenings by the great number of motor cycles and mini bikes using the park. H. Johnson, City Attorney, explained enforcement problems. He pointed out that the ordinance is drafted to cope with the motor vehicle which either has no muffler or a defective one, but, where all motor cycles individually have mufflers and thus meet the noise standards for their type of vehicle, it would be impossible to establish any violation of the anti -noise ordinance by any individual cyclist. The police have also been urged by many residents of the area to encourage use of the park by c- clists rather than having them roar around streets and private property in the Laguna tracts. C. Dennis Hynes, 1486 Oceanaire Drive, stated that the noise of the motor cycles was extremely annoying to the residents of the Laguna Lake area and he demanded that the City Council take some action to prohibit the use of the City park by the noise vandals who were running normal people right out of the park due to the nuisance and danger from these vehicles. Councilman Graham suggested that the City Council post Laguna Lake Park prohibiting motor cycles and motor bikes from using the park. Councilman Spring agreed that Laguna Lake Park should be posted to prohibit motor cycles and attendant destruction in the City park. On motion of Councilman Graham, seconded by Councilman Spring, that the City post Laguna Lake Park to prohibit motor cycles and mini bikes on the park land. Motion lost on the following roll call vote: AYES: Myron Graham, Arthur F. Spring ' NOES: Emmons Blake, Emmons Blake, Mayor Schwartz ABSENT: None The City Council then asked that the Police Chief be requested to enforce the noise ordinance in regard to motor cycle and bike riding in Laguna Lake Park and further that he be requested to prepare a comprehensive report with sug- gestions from his department. City Council Minutes January 18, 1971 Page 12 25. The City Council adjourned to executive session to discuss property acquisition involving possible litigation. 26. On motion of Councilman Spring, seconded by Councilman Blake, the meeting adjourned at 12:40 A.M. Motion carried. H. PATRICK; CITY CLERK APPROVED: February 16', 1971 1 1