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.
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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.
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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