HomeMy WebLinkAbout05/01/1972MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 1, 1972 - 12:15 P. M.
Conference Room - City Hall
Roll Call
Present: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
City Staff
Present:. J. H. Fitzpatrick, City Clerk; D. F. Romero,
City Engineer; R. D. Miller, Administrative
Officer; A. J. Shaw, Jr., City Attorney.
1.. On motion of Councilman Blake, seconded by Councilman Brown,that
a letter be sent to the Sheriff.thanking him for his cooperation in keep-
ing fisherman out of the Whale Rock Reservoir in accordance with the
Superior Court Order. Motion carried.
2. The City Council continued their discussion and study of the
priority schedule for street work to be conducted during the 1972/73
fiscal year.
A. Mayor Schwartz reviewed the street improvement priorities approved
by the City Council on Wednesday, April 26, 1972. He suggested that
the City Council add to classification "A ", Select Systems Streets -
Blankets -
5a. Palm Street, Santa Rosa to Nipomo and intervening
streets to Monterey, to complete this year's program.
The City Council concurred in the Mayor's suggestion and 5a was added to
Select Street Priority List.
B. The City Council approved the following priority list of improvements
to local streets classification "B ":
61. Serrano Dr., Broad to Serrano Heights - Reconstruct
Del Sur, Ramona half way to LaEntrada - Reconstruct
B2. Balboa - Oceanaire to Prefumo - 2" A.C.
Gulf - Lakeview to Atascadero - 2" A.C.
Prefumo - Galleon to Gulf - 1" A. C.
Royal Way - West end to Los Osos - 1" A.C:
B3. Phillips Lane - Toro to Johnson - 1" A.C.
Pepper - Phillips to Peach - 1" A.C.
Peach - Morro to Osos - 1" A.C.
B4. Augusta - Laurel northerly to bend - 1" A.C.
Flora - Laurel to past Knoll Dr. - 1" A.C.
B5. Rancho - Westmont to Clover - 1 ".A.C.
Clover - Patricia to Rancho - 1" A.C.
135a. Leff St. - Ni -pomo to Osos - 1" A.C.
Nipomo - Pismo to High - 1" A.C.
City Council Minutes
May 1, 1972
Page 2
B6. Warren Way - all - 1" A.C.
Christina Way - all - 1" A.C.
Craig Way - Patricia to Jeffrey - l" A.C.
Cerro Romauldo - Jeffrey to N. Tassajara - l" A.C.
Jeffrey - Foothill to Cerro Romauldo - l" A.C.
N. Tassajara -'Foothill to Cerro Romauldo _ 1" A. C.
Ferrini Road - N. Chorro to Cerro Romauldo 1" A.C.
Felton Way - N. Tassajara to Cuesta - .1" A.C.
Murray (North half) - Santa.Rosa to Chorro - l" A.C.
B7. Leff - Santa Rosa to Toro'- Reconstruct
Church - Broad to Chorro _ 1" A.C.
Pismo - Johnson to SPRR - 1" A.C.
Buchon - Johnson to SPRR - 1" A.C.
B8. Rockview - All - Reconstruct
Sweeney - .Broad to Rockview - Reconstruct
Pacific — Johnson to Pepper - .Reconstruct
King - High to Sandercock - Reconstruct'
Pepper - Pacific to Phillips - Reconstruct
Henry - Iris to George - Reconstruct
Phillips - Johnson to Pepper - Reconstruct
3. The City Council adjourned to executive session.
4. On motion of Councilman Blake, seconded by Councilman Brown, the
meeting was adjourned. Motion carried.
APPROVED: June 5, 1972
FTRICK, CITY CLERK
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 1, 1972 - 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 Recreation Director; R. D: Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm,
Fire Chief; A. J. Shaw, City Attorney; R. D. Young,
Planning Director; John Quirk, Assistant Water
Director.
C -1. The City Council approved payment. of claims against the City
subject to approval by the Admistrative Officer..
C -2. . Announcement of the appointment of Robert Neal as.member of the
Advisory Committee on Joint Recreational Use of School District Property.
C -3. On motion of Councilman Brown, seconded by Councilman Graham,
the following resolution was introduced. RESOLUTION.NO. 2305, a reso-
lution of the Council of the City of San Luis Obispo authorizing the
execution of the right of way certificate for Foothill Blvd.. widening.
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
C -5. The Council approved the following contract payments:
Herrin Electric Est. #1 $1,647.72
Baseball Vield Lighting
W. A. "Gus" Howie Est. #1 $4,296.82
Palm -Osos Drainage Structure
8 Street Reconstruction
City Plan 12 -72
Wally La Freniere Final $7,430.00
Remodel Fire Station (to be paid 35
days hence).
C -6. The City Clerk reported the following bids were received for
Street Tree Planting, City Plan 23 -72. Bids were opened at 2:00 P. M.,
April 27, 1972:
City Council Minutes
May 1, 1972
Page 2
Dennis Landscape
$12,468.00
Less Alternate - 720.00
Heatherwood Landscape Co. $13,312.00
Less Alternate - 900.00
Karleskint -Crum $14;877.26
Less Alternate - 681.90
ESTIMATE $11,900.00
After discussion regarding the Tree Committee's recommended compromise
with objecting motel owners, the.contract was.amended to eliminate
several planter boxes and lids . and was approved in the amount of
$11,945.00 to be awarded to Dennis Landscape.
C -7. The City Council denied the claim of Blanche Vernonica Allen
who allegedly fell on the sidewalk near Sutc.liff Mortuary when she
tripped on broken concrete. The matter was referred to the City's
insurance carrier.
C -8. The City Council denied the claim of Authur Miller for alleged
I
njuries when he fell over a.traffic control post in Mission Plaza. .The
matter was referred to the City's insurance carrier.
C -9. A letter from Mrs. Patricia Hammer of Morro Bay concerning the
Stack proposal to purchase surplus land and Camp San Luis Obispo was
received and filed.
C -10. The.Council received a letter from Clyde L..Brodie, realtor,
regarding.property located near the proposed Orcutt Road- Bullock Lane
railroad overpass.
On motion of Councilman Blake, seconded by Councilman Brown, the City
staff was instructed to look into the price of the property and make .
a recommendation to the City Council. Motion carried with Councilman
Gurnee voting no.
C=11. The City Council received a copy of a resolution by LAFCO ap-
proving the South Higuera Street No. 3 Annexation to the City. On motion
of Councilman Gurnee, seconded by Councilman Graham, the matter was
referred to the Planning Commission.
C -12. The City Council approved the minutes.of April 3, 1972 as
corrected.
C -13. The City Council authorized the City Attor hey .to,write Mrs.
Naman, owner of the Economy Drug Building, agreeing to hold her harmless
in case of any mishap involving the installation of the community
calendar on her building.
On motion of Councilman Brown, seconded by Counci.iman Graham, the
consent items were approved as indicated.
Mayor Schwartz listed the awards which he had accepted on behalf of'the
City for the work done in Mission Plaza:
City Council Minutes
May 1, 1972
Page 3
(a) Award of Merit from Obispo Beautiful Association
(b) First place from the American Institute of Planners,
Southern California Section, for citizen participation.
(c) Honorable Mention for Urban Design Planning from the
California State Chapter, American Institute of
Planning.
1. The City Council considered the final passage of ORDINANCE NO. 548
an ordinance amending the Official Zone Map of the City of San Luis Obispo
(to rezone property located at 2802 Johnson Avenue from R -1 to PD R -1.)
On motion of Councilman Graham, seconded by Councilman Brown, the follow-
ing ordinance was introduced for final passage. ORDINANCE NO. 548, an
ordinance amending the Official Zone Map of the City of San Luis Obispo.
Finally passed on the following roll call vote:
AYES: Emmons Blake, JohnCC. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
2. The City Council received a request from La Fiesta 1972, for
authority to close certain City streets in the formation area of the
parade on May 20. They also requested that the license fee for the
carnival be waived by the City. They also requested closure of streets
in the carnival areas.
The City Council approved the closing of streets during the parade. They
denied waiver of the license fee for the carnival.
On motion of Councilman Brown, seconded by Councilman Blake, the Council
approved closing Broad Street from Palm to Monterey; closing Monterey
Street from Broad to Broad; closing Monterey Street from Chorro to
Parking Lot No. 3 for Friday evening, May 1.9 for the Western Dance.
Motion carried.
On motion of Councilman Graham, seconded by Councilman Brown, the Council
approved closing Palm Street from Grand Avenue to the end of the County
property at the Veterans Building; and allowing the use of the triangle
of Palm Street across from the Veterans Building for the parking of
equipment only. Motion carried.
3. W. Flory, Park and Recreation Director, presented the historical
background on the mini park at Hutton and High Streets stating that a
group of Cal Poly senior students in.Architecture and some of the
interested citizens in the Hawthorne area built the bridge, the sand box
and other facilities in the mini park and that since initiation, little
had been done to maintain the area. The equipment had been vandalized
and destroyed. He stated that the City parks department had been re-
quired to keep this property clean and safe. He recommended that the
City Council cancel the lease and clean up the property.
The City Council received a letter from the City Housing Authority asking
the Council to continue or extend the lease for the playground at Hutton
and High Streets as the Housing Authority was presently developing 31
apartments in the area and they had'no resources to develop recreational
facilities for their tenants. They asked that if the City Council
decided not to renew the lease that the equipment be removed and given
to the Housing Authority for installation at one of the new units.
City Council Minutes
May 1, 1972
Page 4
Ruth Wirshup, member of the Housing Authority,. spoke on.behalf of the
request to continue the lease or transfer the.equipment to the Housing
Authority�s property.
The matter was continued to May 15, 1972 with a request that the City
staff meet with the Housing Authority staff to see if something could
be worked out between the two agencies to either continue the mini
park or move the equipment.
4. The City Council received a communication from the San Luis
Obispo County and Cities Area Planning Coordinating Council requesting
the City Council to appoint a delegate and an alternate to represent
the City.
The City Council reappointed Councilman Brown as the delegate and
Councilman Graham as the alternate.
5. At this time the City Council held a public hearing on the
recommendations of the Traffic Committee to eliminate all curb side
parking on Foothill Boulevard between California Boulevard and
Carpenter Lane.
D. F. Romero, City Engineer, used sketches to explain the scope of the
Traffic Committee's recommendation and the benefits that would result
from the new lane marking.
Mayor Schwartz declared the public hearing open.
William Watson, owner of Watson Manner, stated he was opposed to the red
zone on Foothill Boulevard as he felt it would hurt his apartment 1
tenants as motorists could not visit his tenants and park on the street.
He stated his apartments were built at a time when.little off - street
parking was required..
Mayor Schwartz declared the public hearing closed.
D. F. Romero, City Engineer, suggested that a compromise might be made
by eliminating channelization in front of the Watson property which
would allow curb -side parking but that the red zone would be continued
on the south side of Foothill.
Councilman Gurnee moved that the matter be tabled. The motion lost for
Lack of a second.
On motion of Councilman Graham, seconded by Councilman Brown, the follow-
ing resolution was adopted. RESOLUTION NO. 2306; a resolution
establishing red zones on Foothill Boulevard (alternate proposal which
would leave unrestricted parking in front of Watson Manner on the north
side of Foothill Blvd:)
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,.
Kenneth E. Schwartz
NOES: T. Keith Gurnee
ABSENT: None
6. 'At this time the City Council held a public hearing on the
recommendation from the Traffic Committee to red zone three car spaces
in length on the "south side of Foothill Boulevard, east of Crandall.Way
extended.
City Council Minutes
May 1, 1972
Page 5
D. F. Romero, City Engineer, explained the scope of the Traffic Committee's
recommendation and showed a sketch of the area proposed to be red zoned,
stating that approximately 30 feet of red curbing would serve the
purpose.
Mayor Schwartz declared the public hearing open.
No one appeared for or. against the proposal.
Mayor Schwartz Declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Brown, the follow-
ing resolution was introduced. RESOLUTION NO. 2307, a resolution estab-
lishing a red zone on Foothill!Boulevard.
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
7. At this time the City Council held a public hearing on the recom-
mendation of the Planning Commission to rezone 620, 658 and 668 Park St.
from R -1 to R -2 -S.
R. D. Young, Planning Director, presented.the following recommendation
from the Planning Commission:
1. The subject property is located at the southeast corner of Wilson
Street and Grand Avenue and is approximately 20,000 sq. ft. in area.
Surrounding properties to the north and east are zoned for high
density residentiA l'.development. Properties to the west are zoned
and developed for single family use.
2. The General Plan proposes that this area be developed for
residential - commercial use.
3. The Planning Commission denied a previous application from R -H
zoning on the property in March 1969, indicating that the proposed
density was too high.
4. It was the opinion of the Commission that R -2 zoning would be an
appropriate buffer between high density and single family uses,
with the "S" (Design Control) designation attached.
Mayor Schwartz declared the public hearing open.
Don O'Donnell, developer, spoke insfavor of his requested development
for three duplexes with garages and an open landscaped area. He felt
there was a need for duplex units in the City and that the proposed
design protected the neighborhood in that it was a step down between
the high density to the north and the single family properties to the
south.
Lucien Morrison, 1662 Hillcrest Place, opposed further encroachment of
' multiple dwellings into this single family residential area. He felt
that each time the City increased the density in the neighborhood, it
down - graded the entire neighborhood. He reminded the Council of the
narrowness of the streets and that increased traffic from multiple
dwellings and student housing would make a -cess intolerable. He re-
viewed for the City Council the long history of constant encroachment
by multiple dwellings and student housing into this area. He suggested
that rather than allow the property to develop as an R -2 zone, that he
and his neighbors felt the City should purchase the land and develop
it into a mini park. He felt the City could get some funds from HUD
for this purpose. He also stated he and his neighbors would pledge
$2500 to start a fund for the purchase of land for the park.
City Council Minutes
May 1, 1972
Page 6
James Bermann, 1654 Hillcrest, opposed the rezoning on the basis of the
congestion already in the area, the lack of parking required for student
housing and apartments, and the overcrowding in the adjacent apartment
developments. He felt that R -2 was a good buffer but objected to the
type of development to be made on this property.
Stan Nelson, 1661 Hillcrest, objected to the proposed R -2 development
and felt a park would be the best development for the neighborhood.
Carl Beck, 611 Park, opposed the proposed rezoning due to the density
in the single family area with its attendant high speeds, noise and
lack of parking:
J. Danley spoke in favor of the proposed.rezoning as he felt there was
a need for high density uses in the area. Further, he understood that
the City's planning consultant had recommended that this area be zoned
to the highest density allowed in the City. He concluded by saying he
felt there was a need for housing in the City of San Luis Obispo.
Ansel Patton, 1690 Phillips Lane, opposed more high densi.ty development
in the area.
Ron Hoerntlein, 671 Park Street, opposed the proposed rezoning as he
felt high density development was wrong for the neighborhood.
Mead Johnson, 1605 Hillcrest, opposed this rezoning but favored the
acquisition of the property for development as a small park.
Mayor Schwartz declared the public hearing closed.
Councilman Gurnee stated he felt the R -2 -S was a logical use of the
property but agreed with the suggestion that it be developed as a
City park.
Councilman Blake felt the rezoning was premature as this lot is a
logical part of the R -2 zone of the parcel, and the parcel should not
be split, but developed as a unit, with this area as a transition or
buffer to the R -1 adjoining.
Councilman Brown felt the R -2 zone would be a good buffer zone between
R -1 and high density. He felt this was a logical use of the land and
stated he would support the recommendation of the Planning Commission
with the "S" designation which would allow control of the design.
Councilman Graham felt the creek was a natural buffer but that the
land should not be rezoned and he felt the suggestion to, develop a
park on the land had merit.
Mayor Schwartz stated the Council action on this matter would be to
(1) approve the rezoning; (2) continue the matter for further study; or
(3) deny the rezoning. He felt that the proposal was inadequate as it
only dealt with a small part of the whole area and that theientirez:area
should be considered in a rezoning.
On motion of Councilman Blake, seconded by Councilman Gurnee, that the
City Council deny the rezoning to R -2 -S. Motion carried with Councilman
Brown voting no.
8. At this time the City Council held a public hearing to consider
the adoption of a comprehensive electrical regulation ordinance including
the adoption of the 1971 National Electrical Code.
J. Kellerman, Chief Building Inspector, reviewed with the City Council
changes proposed in adopting the 1971 National Electrical Code for use
by the City of San Luis Obispo.
Mayor Schwartz declared the public hearing open.
City Council Minutes
May 1, 1972
Page 7
Vern Dillon, contractor, stated that most of the electrical contractors
he had talked with approved the adoption of the 1971 code for use in the
City.
Mayor Schwartz declared the public hearing closed.
The City Council discussed the various sections of the ordinance and its
provisions with the Chief Building Inspector.
Mayor Schwartz suggested this might be a time to adopt the ordinance
without listing the fees and adopt the fees in a separate resoltuion.
On motion of Mayor Schwartz, seconded by Councilman Blake, the following
ordinance was introduced. ORDINANCE NO. 549, an ordinance regulating
the installation, alteration, renovation, repair and maintenance of
electrical and signal equipment within, on and around buildings and
structures in the City of San Luis Obispo, State of California; pro-
viding for the issuance of permits and collection of fees therefor;
providing penalties for the violation thereof; outlining occupancy
groups; establishing special provisions; and repealing all ordinances
and parts of ordinances in conflict".therewith.
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 Mayor Schwartz, seconded by Councilman Blake, the following
resolution was introduced. RESOLUTION NO.:.2311, a resolution of the
Council of the City of San Luis Obispo establishing fees for permits
required and services provided by the City under the provisions of the
City's Electrical Regulations Ordinance.
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
9:30 P.M. Mayor Schwartz declared a recess.
9:40 P.M. The Council reconvened with all members present
9. Item deleted.
10. The Council received.a communication from the Southern Pacific
Railroad Company regarding the proposed beautification project on the
Monterey Street overcrossing and adjacent property.
The matter was referred to the City.Attorney, Planning Director and
City.Engineer to.write the Southern Pacific Company in order*to proceed
with the improvement.
City Council Minutes
May 1, 1972
Page 8
11. The Council received a communication from the Human Relations
Commission with the following recommendations:
1. We think the T.G.I.F. Governing and Sanctioning Board by -laws are
providing a reasonably adequate solution of the "TG problem" in
residential areas; however, we are not satisfied with that as a
permanent solution.
2. It is necessary to involve other.portions of City Government in
a more permanent and positive solution in the matter of student
parties.
3. We see the parks of this City as a more viable solution to the
problem.
4. We recommend that the City Council draft reasonable rules and
regulations to permit public gatherings in the parks.
The City Council requested that the Park and Recreation Commission
review the Human Relations Commission recommendation to see if TG's
could be accommodated in parks and what would be reasonable rules for
the TG's. They also asked the Parks Department to review these matters
with the Human Relations Commission.
12. Discussion of the latter from the Department of Transportation
regarding mass transit was continued for ninety days.
R. D. Miller, Administrative Officer, reported on the use of County
funds for transit studies as he understood the recent sales tax law
changes.
13. The Council received a communication from Elston Kidwell,
Chairman of the Board of Supervisors, regarding a proposed meeting of
a committee to study water released from Salinas Dam:
The City Council agreed that no such meeting should be held by the
City Council with other agencies until the water rights matter had been
settled.
The City Clerk was asked to notify the Board of Supervisors.
14. The City Council received a communication from the Planning
Commission stating that the Commission had taken action to rescind
their previous approval of the tentative map of Tract 444 (Deeter) on
the basis that further study should be given to the needs for school
and park facilities in the area and they also agreed that a better
access should be provided for the tract.
A. J. Shaw, City Attorney, presented a memorandum giving his opinion
on the power of the City Council to review, revise or disapprove
tentative subdivision maps brought before the Council. He suggested
that due to the time provisions in Section 11552 of the Business and
Professions Code, that the City take formal action to disapprove the
tentative map of Tract 444 and so notify the developer.
On motion of Councilman Gurnee, seconded by Councilman Graham, that the
City Council disapprove the tentative map of Tract 444 for the follow-
ing reasons: access, density and no provisions.for parks or schools.
Motion carried.
15. D. F. Romero, City Engineer,.presented the-plans and specifi-
cations for installation of an 8 -inch iron water main including fittings
fire hydrants, etc., on Ella from Osos to Sierra Way and on Henry Street
from Ella 340' northwest. The estimated cost was $28,200.
City Council Minutes
May 1, 1972
Page 9
On motion of Councilman Blake, seconded by Councilman Graham, the plans
and specifications were approved and the City Engineer was authorized to
call for bids. Motion carried.
16. A. J. Shaw, City Attorney, reported that he had prepared,' at the
Council's request, a report on the possible regulation of the indiscrim-
inate proliferation of service stations and he had acquired a great
amount of material from other cities.
After studying all the material, he felt the City Council could adopt
an ordinance requiring more detailed analysis and considerations for
each request for a service station use permit. It was his opinion that
the ordinance should be rewritten to require the preparation by the City
of a favorable community impact statement based on specific and care-
fully chosen criteria before the issuance of a service station permit.
He stated it would take about ninety days to prepare this ordinance. He
advised the City Council that it could pass an emergency ordinance im-
posing a 90 day moratorium on the issuance of userpermits for service
stations if the Council wished to prohibit all service station construc-
tion during that period..
Charles French, attorney, appeared before the City Council stating he
had no objection to the.proposed ordinance for new service stations but
wondered how this would affect any 'service.station that was temporarily
vacant and he wondered if they would have to meet this impact criteria
in order to reopen.
A. J. Shaw replied that any existing service station would not have to
meet the requirements of the new ordinance.
Councilman Brown stated he was in favor of more control of service
station development but saw no emergency which would require the passage
of the emergency 90 day moratorium.
Councilman Graham felt the emergency ordinance was needed as a safety
valve to allow some control during the time the new ordinance was being
developed.
Councilman Blake felt the moratorium was too restrictive and was a
hindrance to.developers. He felt the new ordinance should require a
trade -off of a new station for an old station abandoned and demolished.
Mayor Schwartz questioned the emergency matter of the moratorium ordinance
but did agree there was a need for a new ordinance to require the best
standards possible in the City. He stated he did not wish to hurt a
prospective applicant who might be unknown to the City staff at this
time but he did feel he could support the moratorium at this time.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the follow-
ing ordinance was introduced. An emergency interim ordinance of the
City of San Luis Obispo prohibiting the issuance of use permits for
service stations for three months. (4/5 vote required for passage).
The ordinance failed to pass on the following roll call vote:
AYES: Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz
NOES: Emmons Blake, John C. Brown
ABSENT: None
17. Discussion of the Legislative Bulletin of the League of
California Cities was continued to May 15, 1972.
City Council Minutes
May 1, 1972
Page 10
18. The Council received a communication from the Parks and Recreation
Commission recommending that the City Council adopt a dwelling unit con-
struction tax to be imposed on all new dwellings created either by new
construction or by modification of existing structures. The purpose of
this .tax would be to off -set the cost of providing parks and recreation
facilities to the citizens of the community and would require the new
developers to pay their share.
Councilman Brown stated he was in favor of the proposed tax if it could
be used for the park and recreation program.
Councilman Graham was also in support of such a tax.
Councilman Gurnee was in full support of any proposal that would help
the Park and Recreation Department accomplish their mission.
Councilman Blake questioned the need for this type of program as he felt
there were sufficient parks and open space land available within the City
and he asked why the City would wish to be constantly acquiring moreland.
Mayor Schwartz agreed with the purpose as he felt new people coming to
the City brought a need for additional parks and open space and that
they should provide the funds to develop it. He also felt that the
proposal should go one step further and establish guidelines for
developers of existing areas. He felt the City staff should proceed
with the preparation of enabling legislation to put this proposal in
effect. He suggested that the matter be referred to the City Attorney
and the Parks =_and Recreation Director to prepare enabling legislation
and then have it reviewed by the Planning Commission for recommendation
to the City Council.
The City Council agreed to accept the recommendation of the Mayor.
19. The City Council received a communication from John Evans,
Chairman of the Planning Commission, reviewing the proposed land fill
along the edge of Laguna Lake Park east of the junior high schoolffor--Which
developer, John Curci has requested a grading permit.'( :I -.
John Curci proposed to cut and fill approximately 20 acres adjacent to
Laguna Lake. A portion of the proposed fill would encroach into the
flood plain and the wildlife habitat of the lake.
After meeting with the developer, the City Attorney and the Planning staff,
the Planning Commission by a six to one vote passed the following reso-
lution: "Since the developer is working in good faith with a subcommittee
of the Planning Commission, the Commission recommends that the City Council
hold off on any potential request for emergency legislation that would
affect this matter prior to a report from this subcommittee."
The City Council received a communication from the Director of Planning
and Building recommending to the City Council in view of recent amendments
to the subdivision laws requiring that an environmental impact analysis
be made in conjunction with a subdivision to ensure preservation of the
environment, wildlife, etc. He recommended on behalf of the Plann.ing
Commission that the City Council amend the grading ordinance to coincide
with the intent of the new subdivision law.
A. J. Shaw, City Attorney, presented for the Council's consideration an
emergency ordinance prohibiting the issuance of a grading permit which
would cause substantial damage to the environment or to wil.dlife until
the applicant obtained a tentative map of a use permit authorizing such
grading.
The City Council received a communication from the League of Women Voters
urging the City Council to (1) take all possible action to prevent the
proposed deposit along the edge of Laguna Lake; (2) to adopt the proposed
ordinance which would require that development plans be approved before
a grading permit was issued where the proposed grading operation
threatens damage to the environment or to wildlife.
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City Council Minutes
May 1, 1972
Page 11
A. J. Shaw explained the problem before the City Council regarding the
grading matter at Laguna Lake. He stated that at present, the City En-
gineer is authorized to issue grading permits if he finds that the pro-
posed grading is satisfactory from an engineering viewpoint, without
consideration of the possible adverse affects from an environmental or
ecological viewpoint, and without a detailed showing being required as
to the eventual use of the land.
Mr. Shaw continued that it was possible to develop an ordinance which
would condition the issuance of grading permits upon sufficient control
of the environmental and ecological dangers, and a showing that the
grading was part of a planned beneficial use of the property.
D. F. Romero explained the Curci grading permit, stating that under
normal conditions he would just issue the permit if it met the con -
ditions of the grading ordinance, but that at the request of the
Planning Commission, he brought permits with substantial environmental
impact to the Planning Commission for their consideration. He then
explained using an aerial photo of the general Laguna Lake Area, the
affect .the Curci development would have on the lake and the surrounding
area. He did not feel that this small amount of fill would make any
difference in the capacity of the lake to retain flood waters. He
concluded that if the City Council took no action on this matter at
this meeting, he would issue the grading permit upon adoption of the
Planning Commission's subcommittee recommendations.
Councilman Brown felt the City Council should look into the matter.
Councilmen Graham and Gurnee agreed.
Councilman Blake felt the Council should not get into the Curci matter
until the Planning Commission subcommittee had made its report but he
stated he would like to see the report before any permits were issued.
It was the consensus of the City Council that the City Engineer was not
to issue a grading permit until the City Council had reviewed the recom-
mendation of the'Planning Commission Subcommittee and had made their own
determination.
John Evans again reviewed the recommendation of the Planning Commission
in trying to work out this problem with the developer.
The matter was continued to May 15, 1972 for consideration of the
Planning Commission subcommittee's report.
Councilman Blake felt there was no emergency and that the new ordinance
should not be passed until the Curci matter was settled.
Councilman Gurnee disagreed stating there was an emergency and he felt
the Planning Commission needed the tool offered by the emergency ordi-
nance in order to comply with the new State subdivision laws that went
into effect on March 4, 1972.
Councilman Blake did not feel that the Curci permit would affect the
environment at Laguna Lake. He saw no emergency and felt the ordinance
should not be adopted. Also he could see no reason for the requirement
to file a map at the time the grading permit was issued.
Councilman Brown stated he too saw no emergency need to adopt this
ordinance. He felt the City Council should proceed under normal ordi-
nance adoption procedures.
Councilman Graham agreed there was no rush to adopt this ordinance and
felt it should be adopted in the normal procedures.
It was Council consensus not to adopt the emergency ordinance.
City Council Minutes
May 1; 1972
Page 12
Robert Williams, Engineer for John Curci, stated he was not in opposition
to the proposed adoption of the ordinance, but felt that it was poorly
written and he did not feel it would do the job that the City Council
thought it would. He felt that a dishonest or unscrupulous developer
could still get around the provisions of this ordinance.
Dr. Aryan Roest, biologist, stated that.the City Council should concern
itself with the affect of future grading in the Laguna Lake area.
John Evans asked that the City Council not consider any ordinance in-
volving grading until the Planning Commission had an opportunity to
hold hearings.
Gerald Mason, attorney for John Curci, stated he had informed his client
that if the City Council did not order the issuance of the grading per-
mit, then he felt he could get a writ of mandamus to force the issuance
of the permit. He continued he felt the City Council was acting
illogically and irrationally against his client and also felt his client
could collect damages from any irrational action by the City Council.
He concluded that if the City Council continued this type of harassment
of developers that very few would come to San Luis Obispo in the future.
D. Donaldson, biologist, suggested that the City Council require an
ecological impact statement to be prepared by the City before any
development was approved whether at Laguna Lake, in a stream bed or
whatever. He felt that nature should be protected.
Pete Evans, A.S.I. President at Cal Poly, stated that the student
government at Cal Poly was ihifavor of the City protecting the environ-
ment for the future citizens of the community.
Jane Swanson, 1334'Kentwood Drive, agreed that the developers interest
should be protected but she felt that the Council should protect the
interest of the public and citizens first and a private developer second.
On motion of Councilman Brown, seconded by Councilman Graham, that the
proposed ordinance be referred to the Planning Commission for study and
a public hearing with recommendations to the City Council. Motion -
carried.
20. The City Council received a communication from Kurt Kupper,
229 Cypress Street, requesting a ninety day extension of a requirement
for installation of a curb, gutter and sidewalk at his residence and
asking that the City Council grant an occupancy permit prior to the
improvements being installed.
The matter was referred to the City Attorney for a solution or recom-
mendation to the Ci.ty Council.
21. The City Council received an application from the Peace and
Freedom Party for permission to use Mitchell Park on May 6, 1972 for a
rally on behalf of their candidate for president.
W. Flory, Park and Recreation Director, stated that he had established
the following conditions for the Peace and Freedom Party: (1) no use
of public-address system; (2) furnish additional toilet facilities on
the ratio of one for each fifty people attending; (3) furnish additional
drinking water as there was only one fountain available; (4) deposit
$100 to guarantee clean -up of the park area, to be refunded if the park
had been cleaned.
Peter Knutsen, Chairman of the Peace and Freedom Party, felt that the
restriciton of no P.A. system was unfair and also was an abridgement
of their civil rights as speakers were needed so their candidate's
voice could be heard. They also objected to the requirement of supply-
ing additional toilets as they could not afford to rent these facilities
City Council Minutes
May 1, 1972
Page 13
as the Peace and Freedom Party was without funds. They also asked to be
relieved of the condition of $100 deposit for the same reason - -lack of
funds. He felt their rally would last from 12 to 2 hours, they expected
about 500 people and he stated they would use the P.A. only for voice
amplification and not for music.
Councilman Brown stated that he sympathized with the conditions placed by
the Parks Department, particularly if the P.A. system was allowed to
operate without control as Mitchell Park was in the center of a resi-
dential area. He also felt that if they expected 500 or more people,
additional toilet facilities should be provided.
Councilman Graham asked who would be responsible for cleaning up the
park if no deposit were required by the City.
Peter Knutson stated that the Central Committee of the Peace and Freedom
Party would be responsible for park clean -up and they hoped to have the
rally over in 12 to 2 hours.
Councilman Blake felt this request was different from the use of Santa
Rosa Park as this was a legitimate political party and they should be
allowed to go ahead with their rally. He also felt that they should go
ahead without the $100 deposit. He felt the P.A. system for speakers
was needed but it should not be used for music in order to be acceptable
and he did not feel additional toilets should be required.
Mayor Schwartz agreed that a two hour maximum length rally would not
need additional toilet.facilities. He also felt the P.A. system could
be allowed if only for speakers and stated he would hold the Central
Committee responsible for the clean up.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the
Peace and Freedom Party be allowed the permit for Mitchell Park on
May 6, 1972 for two hours with the P.A. system for speakers only and
the Central Committee to be responsible for clean up with a member of
the party to be responsible to meet with the police on the Mitchell
Park site if any problem developed. Motion carried.
22. A claim against the City by Cecil G. Evans for water damages
and increased water bill was denied and referred to the City's insurance
carrier, on motion of Councilman Gurnee, seconded by Councilman Blake.
Motion carried.
23. R. D. Miller, Administrative Officer, presented a communication
from the Police Officer's Association requesting an impasse meeting
dealing with items of impasse for the 1972/73 employee negotiations.
The Council agreed to meet on May 8, 1972 at 7:30 P.M.
24C.. The City Council adjourned to executive session.
_ 25.- The City Council adjourned the meeting to Monday, May 8, 1972,
7:30 P.M., on motion of Councilman Gurnee, seconded by Councilman Graham.
1 Motion carried.
APPROVED: June 5, 1972
PTZPATRICK, CITY CLERK