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HomeMy WebLinkAbout11/08/1971Pledge Roll Call MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS.OBISPO, CALIFORNIA November 8, 1971 - 7: 30 P. M. City Hall Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; A. J. Shaw, City Attorney; J. Stockton, Park and Recreation Supervisor. . 1. A. J. Shaw, City Attorney, presented for the Council's consider- ation a proposed ordinance setting rules and regulations for control of student parties and fraternity parties which basically would make the . people applying for the permit for the party responsible for the activity at the party. He reviewed steps which could be taken under existing laws to control large parties with illegal consumption of alcoholic beverages. The proposed ordinance would make . the applicants for the party permit identifiable so that if a.problem arose they could be arrested as the responsible persons. E. L.-Rodgers, Police Chief, stated that the major problem involved in the so called "T.G.I.F." disturbances was the selling of alcoholic beverages without a license and the selling of alcohol to minors. He continued that some of these parties involved as many as 1,500 partici- pants and no one seemed to be in charge. When.the Police attempted to find out who was in charge it was impossible to find a person who was responsible. He then reviewed for the Council some of the situations that have occurred at these parties since September 1971. A. J. Shaw, City Attorney, reviewed the provisions of the anti -noise ordinance and did not feel that this ordinance fit the problem of beer parties under discussion at this meeting. He continued that if an or- dinance were adopted to establish rules and regulations for this type of activity, he felt it should contain the following conditions: 1. It should require a permit for all assemblies of over fifty (50) persons. 2. Identify the type of gathering. 3. Require the name and address of all persons responsible to be listed on the permit. 4. Inspection of the premises by the Fire and Health Department prior to the issuance of a permit. 5. List the types of refreshments to be sold. 6. A uniformed officer to be provided for each 50 - 100 persons attending. 7. List the type of entertainment to be provided. Councilman Graham felt the permit approach was logical as explained by the City Attorney. Councilman Brown felt that if the Police Chief and City Attorney felt that a new ordinance would control these activities then he would be willing to give them the tools to work with. 1 1 City Council Minutes November 8, 1971 Page 2 Councilman Gurnee stated he enjoyed attending the so- called "T.G." parties but if they were really causing a :nuisance to the neighbors, he felt some control should be imposed and the permit system as explained seemed a good approach. Councilman. Blake felt that these parties were getting out of hand and beyond control of the.local law enforcement people.. He wondered why Cal Poly got away with not allowing these parties on their property while the City had them all the time. Mayor Schwartz suggested that the City Attorney make a study of this sub- ject and recommend steps to enact a new ordinance and either amend or cancel existing ordinances in an attempt to control these activities. 2. The City Council discussed the recommendation of the Waterways Committee regarding a policy of clearing tree growth within man -made creek channels. Within the past several years a dense growth of willows has taken place along the bottom and sides of the Laguna Lake outlet channel as it tra- verses the Maino Subdivision behind Hysen- Johnson Ford, crossing Calle Joaquin and passing .behind Denny's Restaurant. Under past practice, the Public Works Department would remove this willow growth which will even- tually become very matted and obstruct the flow. Recognizing that this work will be detrimental to.the aesthetic appearance in order to preserve the drainage capacity; the Waterways Committee discussed this matter and weighed the alternatives, and has arrived at a middle - ground recommenda- tion which calls for trimming, but not removal of these trees, recog- nizing that this involves a considerably greater amount of.labor, and carries along with it, the risk that the channel may flood during big ' storms. It was the feeling of the Committee that this matter was of sufficient importance to be brought to the attention of the Council for discussion. D. F. Romero, City Engineer, explained.that the drainage channel was designed to handle peak storms; considering a clear unobstructed channel, and that the heavy willow growth would create restriction to flow which might result in flooding of adjacent properties. It was Mr. Romero's recommendation that the willows be removed entirely in order to minimize labor cost in maintaining the channel in the future. Councilman Gurnee felt that the consensus of thinking of the Committee was that the City trim the trees and try to make them into taller willow trees with control of lower branches in order to keep the creek free flowing and not allow debris to hang up on the lower branches.. Wes Conner, Vice Chairman of the Parks and Recreation Commission, stated that he knew of no chemical which could be placed in the creek channel to control willow growth which would not also kill the trees. Mayor Schwartz asked if the Committee had considered planting regular trees on the .shoulder of the drainage channel. and trim existing willows in the creek until new trees have grown. The City Council then discussed ways and means of allowing growth in the channel area but still maintain drainage capacity of the channel. Councilman Blake felt that the City should pl.ant trees on the top of the channel bank and remove the willows in the channel to allow free flow of water. He continued he felt the willows should be cut back on a two year schedule with proper trees planted on the bank top for a.pleasant view. Councilman Graham suggested that the City adopt a policy of trimming back willows and trying to make trees out of them. City Council Minutes November 8, 1971 . Page 3 Mayor Schwartz felt that the suggestion to trim back everything in the creek channel over 1 inch in diameter was a good suggestion and also felt that the planting of trees at the bank top was a good plan. On motion of Councilman Gurnee, seconded by Mayor Schwartz, that all wil- lows over one inch in diameter be removed from creeks and drainage channels and that a tree planting program on the crest of the bank on one side and at the easement line on the other side so as to provide room for a foot path be initiated, with plans and cost estimates to be submitted by the Park Department to the Council for approval. Motion carried. 3. R. D. Miller, Administrative Officer, reviewed for the City Council the first quarterly report of the 1971/72 C.I.P. He reviewed the projects completed in 1970/71 and thoseprojects either completed or under way in 1971/72. 4. Discussion of Laguna Lake Park. 4A. Councilman Graham urged that the City Council place signs.. on the perimeter of areas where the City Council wished to prohibit motor vehicles from entering. He felt that for a small outlay of public funds, signs could do the job of protecting the park rather than by the placement of fences and barriers. He also opposed the large ex- pense for barriers as he was sure the public would respect the signs put up by the City. Councilman Gurnee felt the request of Councilman Graham on signs should be considered with the ordinance proposal prepared by the City Attorney. A. J. Shaw, City Attorney, presented a draft showing a proposed ordin- ance of the City Council regulating conduct in City Parks, particularly the operation of vehicles and bicycles. E. L. Rodgers, Police Chief, stated that as far as the Police Department was concerned, until a fence, barrier, or berm was constructed along the boundaries of Laguna Lake Park at Madonna Road and:the access .road, he did not feel the Police Department could control violations in the park area adequately. Councilman Brown felt the ordinance proposed by the City Attorney should do the job. Councilman Gurnee felt the proposed ordinance was short and to the point and felt that the ordinace could be enforced by the City. Councilman Blake supported this proposal of controls Marion Sinsheimer, member of the Park and Recreation Commission, stated that she disagreed with Councilman Graham's recommendation as she felt the signs would not be of any value in protecting the park. She felt that until a fence or barrier were installed to keep vehicles out of the park area, the Park Department could not plant trees with any idea of their ultimate growth and protection. Donald Van Harreveld, Chairman of the Park and Recreation Commission, felt that the proposed ordinance was what the commission had in mind for control of vehicles in Laguna Lake Park. He felt that the speed .limit should be 15mph. He also felt that in order to protect the park from vehicles, fences or other barriers were needed. He did'not feel signs alone would keep the people from abusing the .park area. u 1 1 �IF_ City Council Minutes November 8, 1971 Page 4 Mr. Van Harreveld then reviewed the recommendation to control vehicular use by placing barriers along Madonna Road and the park access road to protect the park. He also felt that signs alone would not do the job unless a full. time patrolman was on duty in the park. He stated that a physical barrier was needed. Wes Conner-stated he was in support of the Park and Recreation Commission recommendation to the Council for the installation of physical barriers in Laguna Lake Park. He, too, was in support of the proposed ordinance to control traffic and speeds in the park. Councilman Brown felt that in order to protect Laguna Lake Park, they needed both.barriers and.signs. On motion of Councilman Gurnee, seconded by Councilman Blake, the follow- ing ordinance was introduced. ORDINANCE NO. 536, an ordinance regulating conduct in public parks and providing for enforcement of its provisions. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E.. Schwartz NOES: None ABSENT: None - It was moved by Councilman Graham, that .the City_..i,mp.lement a -si.gnIng procedure on the perimeter of Laguna Lake Park on a trial basis. Motion lost for lack of a second. On motion of Councilman Blake, seconded by Councilman Brown, that the City Council reject all bids received on the berm and barrier project and ask the City Engineer to design a new barrier for the perimeter of Laguna Lake Park to include an informational sign at the entrance to the park. Motion carried. J. Stockton, Park and Recreation Supervisor, reported that the latest tree planting for Laguna Lake Park had been held up pending construction of protective fences or barriers. The City Council then discussed the proposal of Francis Dean, Landscape architect, to produce a master plan for Laguna Lake Park together with a conservation and implementation program for the mountain area north of Laguna Lake Park. The estimated cost of $19,250 with the report to be delivered within four months of notice by the City to proceed. Mayor Schwartz supported the proposal to prepare a master plan for Laguna Lake Park, particularly to that portion of the program for devel- opment of the area north of the park. Councilman Gurnee suggested that a group of teachers and students at Cal Poly could revise the Hector Plan and could come up with an up -dated evaluation of the entire area at less cost than the proposed study by Mr. Dean. Councilman Blake felt albeit, in a slow way no additional studies if the Council wanted Recreation Commission could come up with an that the City was implementing the Hector Plan, and he felt the Hector Plan was still viable and at the cost of $19,000 were needed. He felt that the Hector Plan restudied, that the Park and Planning Commission and the City departments adequate restudy. Councilman Gurnee felt the Hector Plan should be up -dated taking into account the new concepts in open space, etc. City Council Minutes November 8, 1971 Page 5 Councilman Graham did not favor spending $19,000 for a new Laguna Lake Park plan. Councilman Brown suggested the City Council review the Hector Plan in a study session before taking any aciton on the Dean proposal. 5. Discussion of reworking the Municipal Code. ' R. D. Miller, Administrative Officer said the City had quite an invest -' ment in the present code and he also .felt that the new City Attorney had many important legal matters to tackle for the time being without getting bogged down in the time consuming job of reworking the Municipal Code which would probably be desirable at the same time a change in code format was undertaken. Mayor Schwartz suggested this matter be referred to the City Clerk, Administrative Officer and City Attorney for study and recommendation to the City Council. 6. Discussion of property tax reform was continued to a future study session. 7. The City Council received a request from the City Housing Authority for a loan of $1500.from the City to help defray the cost of clearing the lot on South Street of the debris from the demolition of the old county units. On motion of Councilman-Graham, seconded by Councilman Brown, the loan ' was authorized. Motion carried. 8. The City Council adjourned to executive session to discuss property acquisition involving possible litigation. 9. On motion of Councilman Blake, seconded,by Councilman Brown the meeting was adjourned. Motion carried. APPROVED: December 20, 1971 PATRICK, CITY CLERK J