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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. 1 1 1 1 1 I L 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