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HomeMy WebLinkAbout12/06/1971MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA December 6, 1971 - 7:00 P.M. City Hall Pledge Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, ' T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; W. Flory, . . Park and Recreatton Director; R. D. Miller, Administrative Officer; E'..L. Rodgers,.Polic.e Chief; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, City Attorney, R. D. Young, Planning Director. Item A. Mrs. Laverne Schneider, requested that an item be placed on the agenda regarding living trees, a Christmas gift of life. The Council agreed that the item would be considered at the end of the agenda . C -1._ The City Council approved payment of claims against the City subject to the approval of the Administrative Officer. C -2. The City Council approved the. minutes of the meetings of October 18, 19 and 20, and November 23, 1971. C -3. The City Council.approved the following•contract payments: Fred Julien & Associates Est. #2 $1,379.48 Ramona Drive Sewerline City Plan 17 -71 Est. #3 $ 8.24.66 (F.inal) R. Burke Corporation Est. #1 $14,548.50 Meadow Park, Phase I City Plan 5 -72 Conco Engineering Contractors Street Widening.Project Est. #2 $19,848.70 SS Nos. 152,156 & 157 City Plan 24 -71 Wally LaFreniere Est. #2 $12,482.64 Construction Remodel Fire Station No.l 0. K. Industries Est. #7 $ 1,224.00 Mission Plaza, Phase II City Plan 17 -71 Est. #8 $10,391.00 (Final) Walter Brothers Est. #3 $18,910.83 Drainage Channel Lining & Culvert Replacement City Plan 6 -71 Wesley G. Watkins Est. #1 $150070.50 Municipal Parking Lot #12 City Plan 28 -71 City Council Minutes December 6, 1971 Page 2 C -4. The City Council received as an information item a communi- cation from the State Department of Public Health declaring San Luis Obispo County and adjoining counties as a rabies area and requesting the City's cooperation in enforcement of safety measures in such an area. C -5. The City Council referred a communication from William Hastrup, architect, transmitting plans and preliminary cost estimate for lighting the baseball field to the staff and advisory committee. On motion of Councilman Graham, seconded by Councilman Brown, the consent items were approved as indicated. 1. At this time, the City Council considered the final passage of ORDINANCE NO. 538, an ordinance amending the municipal code to establish a speed limit on roads in City parks. Mayor Schwartz declared the public hearing open. No one appeared for or against the ordinance. Mayor Schwartz declared the public hearing closed.. On motion of Councilman Graham; seconded by Councilman Gurnee, ORDINANCE NO. 538,.an ordinance amending the municipal code to establish ' a speed limit on roads in City parks was introduced for final passage. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E: Schwartz NOES: None ABSENT: None 2. At this time the City Council considered the final passage of ORDINANCE NO. 537, an ordinance for the regulation of assemblies in residential areas. Mayor Schwartz stated that prior to opening the discussion to the public, he wished to present the reasons the City Council even considered an ordinance to regulate behavior in residential areas. He stated this had been a problem that had been going on and had been growing year by year and the complaints had been increasing to the point where they could no longer be ignored. He continued that he saw the Council had four options: (1) to adopt the ordinance; (2) to amend the ordinance; (3) to continue consideration to some future date; or (4) to reject final pas - sage.of the ordinance.and file the matter. He then read into the record an excerpt.from the meeting of December 1„ 1971, Human Relations Commission, "Upon motion of.Commissioner Tjaden, seconded by Commissioner Barlow, and unanimously passed, it was decided that the Human Relations Commission request the City Council to delay consideration of the adoption of Ordinance No. 537 (1971 Series) for 90 days to see if an alternative solution may be worked out." A..J. Shaw, City Attorney, then reviewed the conditions of the proposed ordinance for everyone's information. City'Council Minutes December 6, ]97] Page 3 Mayor Schwartz declared the public hearing open. Wally Geer; representing the Intra- Fraternity Council of Cal Poly, was opposed to the adoption of the proposed ordinance as he felt the conditions were too restrictive and further felt that this type of control was not needed as there were sufficient laws now on the books to control these activities. He agreed that some controls were needed in this field as many fraternities and other housing groups had abused the privilege of TGIF parties but he urged that the City Council not adopt the ordinance and .allow some studies to be made on ways to control these parties and he asked that a ninety day contin- uance be granted. Jim Hensley, Wilson Street, stated felt the young people had abused ti fraternity parties and that it has hood to attempt to live with these Council to adopt this ordinance to living in this area. he supported the ordinance as he ie right and privilege to hold been very trying in his neighbor - parties going on. He urged the give some help to the citizens Mark Johnson stated he was in favor of the ordinance as TGIF parties should not be held in residential areas. Gladys Forden, North Broad Street, was in support of the proposed ordinance as she felt the noise from Delta Chi when they had their parties was unbearable and was unfair to the neighbors who must put up with the noise and nuisances of these groups. Although she felt that the fraternities should control their own parties and when they saw they could not, then the City must pass an ordinance to enforce rules of conduct. She suggested that rather than .pass the ordinance, maybe the young people should be given a trial period to see if they could control and police their own parties. Mrs. E. E. Bilodeau, Johnson Avenue, stated she was opposed to the . Council adopting this ordinance and urged that representatives of the City Council, fraternities, and other student housing groups get to- gether and work out a program to solve this problem. Marty Miramon stated that she was opposed to the adoption of the pro- posed ordinance as she felt it was directed strictly against the student T. G. parties. Harold Wilson, North Broad Street, felt that some sort of control should be adopted by the Council to protect residents of.the.City from the. noise and nuisance of these parties and he felt the adoption of this ordinance might be the answer. Richard Bashaw stated he was opposed to TGIF parties because the sale of alcoholic beverages was the entire purpose of the parties but he was opposed to the passage of the proposed ordinance as he felt that no new laws were needed and further, the City should promote clean student parties such as have been held in the City parks by the Free University. Burt Townsend stated he was in support of the City's adoption of some rules to control large assemblies of people in residential areas. He urged further studies by the Human Relations'Commission fora better solution, if not, then this ordinance could be adopted. Everett Chandler, Dean of Students.at Cal Poly, stated that the College did not support or recognize TGIF parties off campus. The Cal Poly administration could not sanction student actions in violation of City rules. Further, as a result of his investigations he found most of the TGIF parties were sponsored by groups not recognized by the College authorities. He continued that groups recognized by the College norm- ally abide by the rules of conduct adopted by all the groups. 1 1 1 City Council Minutes December 6, 1971 Page 4 Mr. Chandler suggested that the City officials meet with responsible student leaders at Cal Poly and Cuesta College in an attempt to work out a proper solution to the assemblies problem. He stated that President Kennedy of Cal Poly had offered Dean Chandler's services to work with the committee or with the City in any way possible.. Doug Yungling agreed that there was a problem of these large assemblies but felt that the proposed ordinance was not the answer. He hoped the City Council would table this discussion for ninety days and try to work out a more amenable solution. Raymond MacKenzie opposed the adoption of.the proposed ordinance as he felt it was unneeded, would be difficult to enforce and would not really solve the problem. . Homer Odom urged the City Council.not to pass this ordinance as he felt it was discriminatory to students and he felt it was practically un- enforcable and would only cause frictions between the residents of the City and students to worsen. He agreed that there was a problem but felt -that the suggestion of the Human Relations Commission should be followed for a more practical solution to the T. G. party problem. Col. Giuffrida, California Civil Disorder School, stated he was opposed to the adoption of this ordinance as he felt, it was too restrictive not only to young people but also to the•so- called "establishment" and he objected'to the idea that, if he were having a party in his own home to having to pay a policeman to attend and supervise his guests. He sug- gested that the City Council strike this section from the ordinance. Hal Bankston was opposed to the Council adopting this ordinance as he felt the provisions of the ordinance were in direct violation of the Bill ' of Rights of the United States Constitution. He urged the City Council not to adopt this ordinance in order to avoid tremendous litigation. Harry Woolpert, Chairman of the Human Relations Commission, again offered the services of his commission to study the problem, hold hearings and then make a recommendation to the City Council on this matter dealing with human relations in the City of San Luis Obispo. He felt that the Human Relations Commission could more.easily meet with the students, representatives of the police department, college officials and citizens in an attempt to come up with a consensus on a better way to control the actl0ties that the ordinance was trying to control. Donald Q. Miller, 2324 Johnson.Avenue, opposed the adoption of the pro - posed'ordi-nance as he did not feel it was the right approach to solving the problem. He felt the provisions of the ordinance were.too strict and unenforcable. He hoped the City Council could work with the students and residents of the City in trying to work this matter to a reasonable solution. He urged the City Council to accept the offer of the Human Relations Commission in trying.to solve this problem. George Hamilton hoped the Council would not attempt the proposed ordi- nance in its present form. He urged the City Council to meet with representatives of. the various student residential groups and try to work out the problems on a mutual basis. He questioned the propriety of citizen complaints of noise in the late afternoon on Fridays.when these T.G. parties were held. Mayor Schwartz declared the public hearing closed. Councilman Brown felt.that some ordinance was needed to control the activities.;of: large assemblies in residential areas. He agreed that the conditions in the proposed ordinance might be improper and agreed that the Human Relations Commission should study the matter and make recommendations to the City Council. City Council Minutes December 6, 1971 Page 5 Councilman Graham felt that some control was needed in residential areas but the proposed ordinance was too restrictive and he felt that further consideration of the problem was needed. He,.too,, agreed to accept the offer of the Human Relations Commission to study the problem and make-recommendations to the City Council. Councilman Gurnee was opposed to the adoption of the proposed ordinance as he felt it was too restrictive and should not be passed by the 1 Council. He did not feel the ordinance would solve the problems of the T. G. parties. He recommended that the proposed ordinance be scrapped and that the Human Relations be asked to make a study within ninety days and present their recommendations to the City Council. He did not feel that a new law.was needed but was sure that everyone recognized the problem and wished a fair solution.. Councilman Blake felt there was a problem in this area that had not been solved over the years even though the Council had met with student leaders of some of the group housing units but nothing had come from the discussions. He continued that the proposed ordinance.might be too restrictive and he would support the request-of the Human Relations Commission to study the matter with student leaders, citizens, etc. Mayor Schwartz stated it seemed 'a shame that a City must consider.the adoption of a law to control the activities of a small segment of the population who ride rough shod over the rights of their neighbors. He did not feel the ordinance should be scrapped but agreed further studies should be made to see if the activities could be controlled by the sponsors. He, too, would support the request of the Human Relations Commission to study this matter and make recommendations to the City Council. On motion of Councilman Gurnee, seconded by Councilman Graham, that the ordinance in its present form be scrapped and that the Human Relations Commission be asked to make studies on this problem for recommendation to the City Council. Motion lost with Councilmen Blake Brown and Mayor Schwartz voting no'. The City Council then discussed the best approach to continuing the consideration of this ordinance. On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council continue consideration of this ordinance for ninety days, that the City Council ask the Human Relations Commission to hold the necessary hearings with student leaders, college.official.s, police officers, citizens, etc., and then propose a plan of action for the City Council's consideration. Motion carried with Council- men Blake and Brown voting no. 3. At this time the City Council held a public hearing on Resolution No. 2240, a resolution of intention to abandon a portion of Loomis Street. D. F. Romero, City Engineer, explained what was being abandoned and the reason for the abandonment. He also stated that in addition to the reservations in Resolution No. 2240, that easement rights for P.G. &E. and Pacific Telephone lines were included. Mayor'.:Schwartz declared the public hearing open. No one appeared for or against the abandonment. Mayor Schwartz declared the public hearing closed. City Council Minutes December 6, 1971 Page 6 On motion of Councilman Graham, seconded by Councl:4man Bbbke, the following resolution was introduced: RESOLUTION NO. 2247, a resolution finding and determining that a portion of Loomis Street is unnecessary for present or prospective street purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced: ORDINANCE NO. 539, an ordinance authorizing the sale of real property on Loomis Street. 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 On motion of Councilman Blake, seconded by Councilman Graham, the Mayor was authorized to sign a grant deed transferring the property to the ' adjo1ning property owner. Motion carried. 4. Continued discussion of the metal sculpture at the Network Mall, 778 Higuera Street which was continued from November 15, 1971. The City Council received a communication from John Ross, architect, agreeing that the metal sculpture was unique and would be considered an art form. He felt that due to the location, it was dangerous and wished the City Council to know that if they were to grant permission to encroach on public property, he would expect the same treatment in the future for his clients. Councilman Blake felt the closing paragraph of Mr. Ross' letter asking for special consideration was really beneath the dignity of Mr. Ross. Doug Yungling, The Network, asked the City Council that the matter of the sculpture at 778 Higuera be withdrawn as they planned to remove the structure from the front of the building and place it on the rear of the same building or somewhere else. He wished to thank the City Council for their consideration. John King, Davis -King Development, also thanked the City Council for their kind comments about the sculpture at The Network and for the time allowed to find a solution. ' Based on the request of the applicants, the matter was received and filed. 5. D.-F. Romero, City Engineer, explained that the City standards for sidewalk area for neighborhood commercial zones had changed during the negotiations with Mr. PoIIn, and that two different deeds had been pre- pared. Mr: Polin had signed the wrong deed, which the City had accepted and recorded in error. The present action is intended to correct this discrepancy in order that the property line will correspond with the actual improvement. City Council Minutes December 6, 1971 . Page 7-� On motion of Councilman Graham, seconded by Councilman Brown, that .. the Mayor be authorized to exchange deeds and correct descriptions of the property. Motion carried. 6. At this time the City Council considered the tentative map of Tract 442. R. D. Young, Planning Director, presented the recommendation of the Planning Commission subject to the following conditions: 1. Developer shall extend a water main to the northeasterly limit of the subdivision in order that a connection may be made across the Southern Pacific tracts at a future date. The main shall be a 12" size with the City paying the difference between a 10" and 12" line, and paying for the stub portion of main beyond the cul -de -sac. 2. Developer shall show underground utility trench at the rear of the sidewalk area. 3. Sewer and water lines shall be installed within the easterly half of the street to be developed along the Pacific Coast right -of -way. 4. Developer shall submit to the Planning Commission a new name for the cul -de -sac presently called Faultless Lane, and a street name for the Pacific Coast right of way. 5. Developer shall install a fire hydrant at the northerly end of Lot 18. 6. The developer shall be assessed $1.00 per lineal foot of street frontage for the purpose of street tree planting. 7. The developer shall provide utility easements in accordance. . with the requirements of the utility companies. 8. All trash and debris and low- hanging branches which would interfere with the free flow of water are to be removed. 9. Channel slopes to be brought to grade no steeper than 2:1 and planted with low- growing ground cover to be approved by the Park Department. 10. Improvement work to the creek channel is to be included within the bond for Tract No. 442. 11. No easement shall be deeded and no City responsibility for maintenance will be accepted. The City Council referred the matter to the Planning Commission, stating they had no objections to the tentative map. 7. At this time the City Council considered the tentative map of Tract No. 429. 7A. R. D. Young, Planning Director, presented the recommendation of the Planning Commission, subject to the following conditions: 1.. Size of the drainage facility through Lots 5 and 6 shall be subject to the approval of the_City Engineer. All other.drain- age shall remain in its natural state. 2. The power line traversing Lots 9 and 10 shall be routed to the rear lot easement prior to issuance of a building permit on this parcel. 3. The developer shall provide utility easements in accordance with the requirements of the utility companies. 4. The developer shall be assessed'$1.00 per lineal foot of street frontage for the purpose of street tree planting. 5. Water service to all parcels shall be taken below elevation 460. Pressure to Lots 9 thru 12 shall be provided by individual pumps installed by each owner prior to occupancy: The final sub- division map and deed restriction shall contain a statement similar to that recorded with Tract 305, pointing out the restricted pressure and responsibility of the property owener to maintain pressure facilities. 1 1 City Council Minutes December 6, 1971 Page 8 The following exceptions are hereby granted: 1. Area exception for Lots 1, 2, 5, 8, 12 and 16. 2. Depth exceptions for Lots 1, 2, .9 and 12. 3. Frontage exceptions for Lots 5, 6 and 13. 4. Average width exceptions for Lot 8. ' D. F. Romero, City Engineer, presented a map showing the proposed con- figuration of the subdivision. He explained the water problem and the reason for the area's depth, frontage and width exceptions to the lots in the subdivision. Mayor Schwartz felt that the exceptions were excessive as granted by the Planning Commission. He felt the drainage would develop problems in the future. He felt he could reluctantly approve some of the excep- tions but felt that lots 9 -13 should be redesigned to meet the ordinance. He also felt that with the present design, too much dirt would have to be moved from the building sites. On motion of Mayor Schwartz, seconded by Councilman.,Brown, the tentative map of Tract 429 was returned to the Planning Commission with the request that they restudy the tentative map in view of the excessive exceptions granted. Motion carried with Councilman Graham voting no. 8. The City Council received a communication from the Obispo Beautiful Association notifying the City Council that they have appropriated funds to landscape the immediate approaches to the Monterey Street railroad bridge, including the embankment along Pepper Street. In order to make the planting develop; they asked (1) that the City install a sprinkler system; (2) that the City ask the ' Southern Pacific Company remove the billboards, paint the bridge, clean the masonary facing of the bridge .a and install curbs and gutters. D. F. Romero, City Engineer, explained that the curbs and gutters could be placed under either City ordinance or the State Act. It was the consensus of the City Council to approve the program recom- mended by Obispo Beautiful Association and the matter was referred to the City staffito review and prepare cost estimates on curbs, gutters, sprinklers, etc. Councilman Blake reported that as far as painting of the railroad bridge was concerned, the Southern Pacific was waiting directions from the City as they had agreed to cooperate in this program. The matter was continued to the December 13 study session for staff reports and the City Clerk was asked to write to Obispo Beautiful Association expressing the City Council's appreciation for their efforts. 9. Donald Q. Miller requested that the City Council terminate the contract with the Chamber of Commerce immediatley on the basis that the Chamber of Commerce, while accepting public funds for their operation, was attempting to influence the public policy by promoting petitions against the City Council to reopen the Highway 1 rerouting matter. He felt it was wrong for the Chamber of Commerce to involve itself in a program when the City Council had already made a decision, particularly when receiving public fuhds. He continued that he was opposed to any subsidy or grant of funds to the Chamber of Commerce and felt the Chamber should be self- sufficient in their operations. City Council Minutes December 6, 1971 Page 9 Mr. Miller stated that in discussing matters with citizens of San Luis Obispo, he felt that generally, the citizens of San Luis Obispo were opposed to the City Council granting the Chamber of Commerce funds. He felt the citizens also opposed the spending of funds for promotion and advertising. He felt.the average citizen in San Luis Obispo would like the City Council to reorder its priorities and use the extensive funds of the promotional and advertising budget for the benefit of the citizens of San Luis Obispo rather than a small.group of businessmen. to promote their own businesses. He reviewed for the City Council the large sums of tax money spent.on advertising and promotion over the last ten years and felt that the citizens would be better served if the money were spent on.community needs. He asked the City Council to notify the Chamber of Commerce that there would be no money. after June 30, 1972. Mrs. Lee Hagen, member of the Chamber of Commerce Board of Directors, felt the Chamber should not get involved in politics or try to pres- sure the City Council's activities while receiving financial support from the City. She felt the Chamber of Commerce should represent all business and professional people in the City and before taking any action such as was done on the Highway 1 rerouting, a poll of all members should be taken. She felt that the members of the Board of Directors did not represent the entire membership of the Chamber. Raymond MacKenzie questioned public funds being granted to the Chamber of Commerce when they do not represent the general public interest. Burt Townsend felt that public funds granted for promotion and adver- tising of the City was excessive and really did not contribute to the good of the citizens who pay taxes. Councilman Blake questioned Mr. Miller calling funds granted to the Chamber of Commerce a subsidy as the funds were granted on the basis of a contract with the City carefully writing out specific duties that must be performed by the Chamber of Commerce. He also felt that the information should be mentioned that no where in the contract with the City does it limit the activities of the Chamber of Commerce or its members as far as public policy is concerned. Councilman Gurnee agreed that the Chamber had a right to enter into public policy discussions and attempt to influence the policy of the City Council. He did not feel it should be done when the City sup- ports much of the Chamber program with tax money. He felt that no public money should be given to the Chamber of Commerce. Councilman Brown felt the Chamber of Commerce was living up to its contract. He pointed out that without this contract someone on the City staff would have to answer inquiries and this would cost the City something. He felt the Chamber of Commerce had the right to represent its members on public policy of the community. Councilman Graham felt the City was under contract with the Chamber of Commerce and should honor this contract but it should be seriously re- considered at budget time as to what support and programs the tax- payers wish to pay for. Mayor Schwartz felt the Chamber of Commerce should be an independent organization with no public funds so they could really take part in influencing growth, development and politics. He was sorry that the Chamber of Commerce issue of Highway 1 came up at this time because any changes in financial assists to the Chamber would be considered punitive in view of the Chamber's stand on the Highway 1 issue. He hoped the Chamber could become a strong force in the.City represent- ing business, industries and the professions. He further hoped that the City would continue to reduce this assistance to the Chamber. 1 1 1 City Council Minutes December 6, 1971 Page 10 10. The report from the Planning and Building Department on zoning enforcement activities was received and filed. 11. The City Engineer presented plans and specifications for the widening of Foothill Boulevard between Santa Rosa and Chorro Streets at College Square. He explained the scope of the work to be accomplished 1 under contract and estimated the cost at $79,435. This work would be done under the auspices of the State Department of Public Works as it was a TOPICS program. He hoped to begin construction in the early spring 1972. On motion of Councilman Blake, seconded by Councilman Graham, the plans and specifications were, approved and the City Engineer was authorized to proceed with State approval. Motion carried. 1 7 12. Mrs. Laverne Schneider requested that the City Council approve a program called "Living Trees, a Christmas Gift of Life ". She stated this was a program where individuals would purchase living trees instead of cut trees for Christmas. Then instead of throwing away the cut trees after the holidays, a living tree could be donated to the City for planting in the parks, parkways, etc. She stated that she had contacted nurseries in the area and they had sufficient trees in any size desired. She also had a group of fraternity members offering their services to the City to plant the trees after the holidays. On motion of Councilman Graham, seconded by Councilman Brown, that the City Council endorse the proposal of living trees and urge the citizens of San Luis Obispo to support this program as outlined. Motion carried. 13. On motion of Councilman Brown, seconded by Councilman Gurnee, the meeting adjourned. Motion carried. APPROVED: January 3, 1972���% H. Vr/ /PATRICK, CITY CLERK