HomeMy WebLinkAbout07/07/1975Pledge
Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, JULY 7, 1975 - 7:00 p.m.
COUNCIL CHAMBERS, CITY HALL
PRESENT: Myron Graham, T. Keith Gurnee, Jesse Norris, Steven
Petterson and Mayor Kenneth E. Schwartz
ABSENT: None
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; A.J. Shaw, Jr., City Attorney; Wayne Peterson,
City Engineer; Robert Strong, Community Development
Director
G 00%
---------------------------------------------------------- ----- ---------------
2. At this time the City Council considered the FINAL PASSAGE of ORDINANCE
NO. 634, an ordinance of,the City of San.Luis Obispo amending Article VII,
Chapter 5 of the Municipal Code entitled - "Sewers ", by repealing all sections
previously.contained therein.and.adding.new Municipal Code Sections 7500 through
7507 (as amended) to provide a comprehensive ordinance for the regulation of the
City's sewer system.
A.J. Shaw; City Attorney, reviewed for the City Council the amendment.to the
portion of.Ordinance No. 634, Section 7501.B (10) as approved by the City Council
with the addition of the words on-the note section to read "And.only after the
Council holds a public hearing to review the provisions of this section (7501 B
Mayor Schwartz declared the public hearing open.
.No one appeared before the City Council for or-against the-adoptioh of the
ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Petterson Ordinance
No. 634 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Graham; Gurnee, Norris, Petterson and Mayor Schwartz
NOES:. None
ABSENT: None
---------------------------------------------------------------------------------
On.motion of:Councilman.Gurnee, seconded by .Councilman Graham.Consent Items C -2.,
C -3, C -4; C -5, C -6, C -7; C -8, C -10, C =11, C -12, C -14, C -15, C -16, C -17, C -18, C -193
C -20, and C -21 were approved as submitted.
C -1 Claims against the City of San Luis Obispo for ..the -month of July,
1975.. ..
Councilman Gurnee questioned the payment of $300 to Dodsori for a consultant
study of a golf course for Madonna property in the Laguna Lake Area.
Robert Strong, Community Development. Director, explained.that this was.not a
full - scale, consultant's contract, but a short study needed for General Plan
considerations.
On motion of Mayor Schwartz, seconded.by Councilman Graham the claims against
the City for the month of July were-approved as submitted.
City Council Minutes
July 7, 1975
Page 2
C -2 The following contract pay :estimates and change orders were approved
as submitted:
R. Baker-.Corporation
Est. #1
$ 4,029.61
SINSHEIMER PARK SEWER LATERAL &
1
WATERLINE, C.P. #13 -75
R. Burke Corporation
Est. #2
927.00
STREET RESURFACING PROJECT
Est. #3.FINAL
4,221.75
(8/11/75)
C.P. #9 -75
Gray Construction Company
Est. #1
.56,628.00
MEADOW PARK RECREATION BUILDING
W.A. Howie
Est. #2
5,074.13
SANTA ROSA STREET WIDENING
Est. #3
FINAL
1,924.01
(8/11/75)
C.P. # 25 -74
Wally LaFreniere Construction Co.
.Est. #2
66,429.00
CITY HALL REMODELING
C.C.O.
#4
+ 1,313.00
C.C.O.
#5
+ 82.00
C:C.O:
#6
+: 195.00
C.C.O.
#7
+ 40.00
C.C.O.
#8
- 3,000.00
C.C.0.
#g
+ 143.00.
C.C.O.
#10
+ 210.00
RESTROOMS, CONCESSION $ PRESS BOX
Est. #1
10,016.37
BUILDING; SINSHEIMER PARK
C.C:O:
#1
+ -99.30
Pacific Erectors Corporation
Est: #5
44Y'607.51
EDNA'SADDLE•RESERVOIR
C.P. #W73 -7
Charles A. Pratt Construction Co.
Est. #2
1,532.25
1
WASTEWATER TREATMENT PLANT
SLUDGE'DIGESTOR,-C.P. #45 -74
WATERLINE RECONSTRUCTION
Est. #2
24,779.82
C.P. #21 -75
C:C.O:
#1
+ 900.00
Smee's Plumbing $.Heating Est. #1 10,496.42
BROAD ROCKVIEW SEWAGE PUMP STN.
C.P. #20 -75
Walter Bros.-Construction Co. Est. #2 1,946.25
PRADO ROAD STORM DRAIN Est. #3 FINAL 508.90 (8/11/75)
C.P. #22 -75
C -3 The City Council Minutes of:.Februa.ry 3, 14 and 26; March 6, 132
14, 18, 19, 24, 27, and 31; and April 10 14, 15 and 29 were acknowledged and
approved.
C -4 Memo from the Human Relations'Commission regarding.proposed revision
of-the Human Relations Commission" "Articles" (submitting second proposed
revision).
On motion'of Councilman Gurnee, seconded'by.Councilman Graham the following
resolution wds introduced: Resolution No. 2824 (1975 Series), a resolution of 1
the Council of the City of San Luis-Obispo approving revised articles for the
Human Relations Commission.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
City Council Minutes
July 7, 1975
Page 3
C -5 Consideration of resolution-tabulating equipment - replacement appro-
priations for the fiscal year 1975/76 and total accumulations for each piece
of equipment.
On motion of Councilman Gurnee, seconded-.by Councilman Graham.:the following
resolution was introduced: Resolution.No. 2825 (1975 Series), a resolution
tabulating equipment replacement appropriations for the fiscal year 3975/76
and total accumulations for each piece of equipment.
' Passed and adopted on the following roll'call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -6 Communication from Dan.Oxford requesting acceptance of-Tract 485
(Southwood Drive) in the City -was continued to July 21, 1975 for a report from
the appropriate departments.
C-7.' Communicatoin from Leonard:.Blaser,:President of Johnson- Highlands,
requesting acceptance of improvements of Tracts 445 (Knoll Drive) and 429.
(E1-Cerrito).
On motion.of:Councilman Gurnee, .seconded : -by Councilman Graham the .following
resolutions were introduced: •Resolution No. 2826 (1975 Series), a- .resolution
of the Council.of the City of.San Luis Obispo:accepting the off -site improve-
ments in Tract 429,-El.•Cerrito.Court.(Leonard Blaser,.Developer); and.Resolu-
tion No. 2827 (1975 Series), a resolution of the Council of the.City of San
Luis Obispo.accepting the off -site improvements in Tract 445, Knoll Drive
(Leonard•Blaser, Developer)
Passed and adopted on the following -roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor:Schwartz
NOES: None
ABSENT: None
C -8 Council consideration- of.an...EASEMENT from Fred-Hamlin on Railroad
Alley for public street and public utilities.
On motion of- Councilman Gurnee,.seconded_.by Councilman Graham the.EASEMENT
from Fred•iHamlin.was accepted and the Mayor was authorized.torrecord.on
behalf of the City.
C -9 Proposed contract with-Richard---Dickey to design, prepare plans and
specifications and supervise the installation -of:an improved-public-address
system for the City Council Chambers.
On motion of Counciiman:Graham, seconded by Councilman Petterson °the Mayor
was authorized to sign the agreement-with-Richard Dickey• to:design -, prepare
plans and - specifications, and.supervise the installation of.an�..improved public
address system for.the Council Chambers. .Motion•carried:
C -10 Memo from.Ji.m Stockton.; Assistant Director of:Parks- and.Recreation,
regarding tennis court.construction • at: Sinsheimer,Park was..ordered- received
..and filed.
C -11 Communication :from..Charles:'Dills :,.Citizens Advisory.Committee,
requesting extension of:.thirty:days..in making.recommendations to.the City
Council on the Williams' bike plan was approved.
C -12 Memo from Lee M'. Schlobohm, Fire Chief, regarding.surplus.fire
department property.
The City Council accepted the recommendation of the Fire Chief.
City Council Minutes
July 7, 1975.
Page 4
C -13 Memo from.-Wayne Peterson..regarding State. Agreement for .providing
right =of =way work for'Santa Rosa Street:Widening on:a time-:.-and .material basis.
On motion.of Mayor Schwartz, seconded..by'Councilman Graham the following
resolution'was introduced: Resolution:.No. 2828 (1975-Series.), a resolution
of the:Council of the' City- of:.San Luis Obispo approving an agreement..foi the
State 'of California to provide right.of way work for Santa Rosa Street Widen-
ing and authorizing the Mayor-to execute the same.
Passed and-.adopted:-on-the foilowing:..roll.'call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -14A. Communication from Maxine,Lewis, Grass Roots..3I,_requesting:the City
to provide.a.water meter at 176 Brook to be used in connection-with the Com-
munity Gardens program.
C -14B. Minutes of the Human :Relations.'.Commission meeting of.June.18, 1975,
Item IV .7 A.. (I) motion made to ._deny request from_Grass Roots II for $75 to
get water meter for Community Garden site, motion carried unanimously.-
The City Council' accepted- the.recommendation:of the Human.-Relations Commission
and denied this water meter request from Grass Roots II.
C -15 The City Council.acknowledged. the following appointments and
promotions- effective July-1, 1975:
Jan M. Christensen appointed.as :.Typist Clerk_II for.the:Police
Department. at Step 1 or'$614 :.per month, subject to.a.one -year
probationary-period
Gary:'O.. Hagerty appointed as.Fireman at Step l'or,$900 per
month
Robert E. Hamilton promoted.to Maintenance Leadman at Step 3
or $940 per month
Donald L: Headley.promoted to Utility Plant Operator II at
Step 4 or $992 per month.
R :'Allen,Hopkins:appointed . as- :Planning. Technician.. for the
Community Development Department at Step 1 or $864 per month,
subject to a one - year probationary period
Robert C'...Isenberg:.promoted . to.Heavy Equipment Operator at
Step 4 or '$940 per month .
Robert V. Jones appointed as.Maintenance Man II for the Public
Services:Department at.Step...l.or $752.per month,.subject to a
one -year probationary period.
Victor Montgomery promoted .to.Planning - Assistant - at- Step l or
$1,016 per month
Sherri Ripa promoted.to:.Secretary -for the Public Services.Depart-
ment at Step 1 or $670 per month
Ervin C. Tomlinson ,.appointed..as:�Maintenance Man II at Step 'l
or $752 per month, subject.to a one -year probationary period
Jacqueline:.M. Zimpfer promoted to:Assistant to.the.Social Services
Coordinator-for the Human Relations Commission at Step l or $670
_...._ per month
1
1
1
City Council Minutes
July 7, 1975
Page 5
C -17 The claim against the City of San Luis Obispo by Louis 'Purio, Jr.,
for damages to his home at 706 Murray Avenue resulting from a sewer backup
was denied and referred to the insurance carrier.
C -18 The amended claim against the City of San Luis Obispo by Andrea
Nunez as presented by Andre $ Wood, Attorneys, for damages resulting from
a sewer overflow in her house at 706 Johnson Avenue was denied and referred
to the insruance carrier.
C -19 The claim against the City of San Luis Obispo from Robert Spellman
for personal injuries was denied and referred to the insurance carrier.
C -20 The claim against the City of San Luis Obispo from Dr. Benjamin G.
Cox, Jr., for damages to his automobile when struck by a City vehicle was
deniedd and referred to the insurance carrier.
C -21 Summons against the City of San Luis Obispo from Melvin Morris,
dba /The Viking Company was denied and referred to the insurance carrier.
TRAFFIC COMMITTEE REPORT
TC -1 75 -7 -1C Recommendation that David Romero work with Cal Poly on
securing rights -of -way for bike /pedestrian path to E1
Chorro Campus.
On motion of Mayor Schwartz, seconded by Councilman Petterson the City Council
accepted the recommendation and the City was to cooperate with the County in
securing necessary rights -of -way for the bike paths through Cal Poly to the E1
Chorro Campus. Motion carried.
TC -2 75 -7 -2T Recommendation that a bench be placed in front of Post
' Office.
On motion of Councilman Norris, seconded by Councilman Graham that the
recommendation be approved. Motion carried, Mayor Schwartz voting no.
TC -3 75 -7 -3T Recommendation that meters be removed and red zone
authorized on west side of Santa Rosa from Higuera to
Marsh and that all -day meters on Marsh from Santa Rosa
to Osos be changed to two -hour meters.
TC -4 75 -7 -4T Recommendation that red zones be painted in front of bank
and church center on Meinecke.
TC -5 75 -7 -5T Recommendation that stop signs be placed on Woodside at
Southwood Drive.
TC -6 75 -7 -6T Recommendation that Sydney - Augusta intersection be
designated as a four -way stop.
TC -8 75 -7 -8T Recommendation that red zone be authorized between 161 Craig
Way and 169 Craig Way.
On motion of•.Councilman Petterson, seconded by Councilman Graham the following
resolution was introduced: Resolution No. 2834 (1975 Series), a resolution
of the Council of the City of San Luis Obispo prohibiting parking on Santa
' Rosa Street, establishing two hour parking on Marsh Street, prohibiting parking
on Meinecke Street, establishing stop signs on Woodside Drive and Sydney Street,
and prohibiting parking on Craig Way.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
City Council-Minutes
July 7, 105
Page 6
TC -7. ,75- 7-7T... Recommendation that stop bar.on.Loomis'at:San Miguel be
moved ten feet to-.the west. -
On motion of Councilman Petterson, seconded by Councilman Graham that the City
Council accept the recommence. Motion carried.
TC -9 75 -7 -9T. Recommendation.that two parking meter spaces.be created on
the south side of Mill Street, west of Osos.Street.
On.motion.of-Councilman Norris,.secondedby;Councilman Petterson.:the:following '
resolution was introduced: Resolution, No.. 2835 (1975 Series) , a- resolution
of the Council of the City of San Luis Obispo establishing two hour parking on
Mill Street.
Passed and adopted on the following roil - call vote:.
AYES: Councilmen Gurnee,.Norris, Petterson and Mayor Schwartz
_ NOES: Councilman Graham
ABSENT: None
TC -10 .75 -7 -1OT NEGATIVE RECOMMENDATIONS:
A) Handicapped parking.spaces in front of Hittenberger's
on Osos Street not be approved.
B). Construction of.pedestrian.walkway on the west side
of Santa Rosa Street bridge not be authorized.
C) Police Department use of.radar on Grand Avenue-near
Garfield and other suggested changes not.be made.
D) Request of State for removal of two hour time limits in
1000 block-of Pacific not be approved. '
E) Request for stop sign at South and Brook Streets not'
be. approved.
On.motion of Councilman Norris,.seconded by Councilman Petterson.the City Council
accepted the negative recommendations of the Traffic..Committee. Motion carried.
--------------------------------------------------------------------------- - - - - --
3. At this time the City.Council..held..a public hearing.on proposed increase
in the sewer.service charges for the_City- of.San Luis.Obispo.. The basic charge
would be raised by 50 percent, or the present charge of $1 per month per single
family-dwelling to be increased to $1.50 per month.
Wayne Peterson, City Engineer, explained the reasons and background.in requesting
an interim" sewer --service rate or charge -increase•in order-to update-and keep the
sewer plant on a more equitable and a more self- sufficient basis. He stated the
City was.facing.-a.great expenditure for updating and.improving.the City's sewer
facilities.and:this_would , be one way to pay the bills rather than continually'
take these funds from the General Fund.
Mayor.Schwartz also explained the need to.increase:the sewer:..service fees in
order to put the sewer service_ system: on a self = sufficient' basis in order. to
at least, pay- for: the maintenance operation. of the `sewer treatment'plant, includ-
ing_ making: the :. requirements:. and:. imrprovements.. ne.cessary.as..ordered_by..the. Water '
Quality.Control Board.
Alayor Schwartz declared the public hearing open.
Dink Hall, 287 North-Tassajara Drive,.felt there might.be.a need.for more funds
for:.sewer. services, but•he. hoped the. City-Council would spend`sufficient.funds
to update..and keep the sewer collection-system in proper.order_ and maintain it
in.order:.to protect property owners-and residents from sewer..failure -and sewer
back -up into-their homes.
H. Field, 1704 Oceanaire'Drive, questioned the need f
increase, which he felt should be paid out of taxes.
a tax increase for him. He asked the City Council to
and what were essential services and not to just keep
and programs.
City Council Minutes
July 7, 1975
Page 7
r a sewer service charge
He felt this charge was
restudy its priorities
adding unneeded projects
Mayor Schwartz declared the public hearing closed.
Councilman Norris stated he was opposed to the sewer rate increase. He felt
there was no need demonstrated for an increase as he felt that the 1975/76
budget, as approved by the City Council, was in balance and no funds were needed
for sewers. He felt that the City Council was just setting up some additional
funds to do some more studies or some more non - essential matters for the City.
Councilman Gurnee stated he felt the sewer service charge increase was needed
now in order to keep the sewer system on a self- supporting basis, due to the
requirements placed on the City by the State of California and the Federal
Environmental Agency. He too agreed that the City Council should look to funds
being granted to so- called, non - essential, such as promotion, etc. He felt the
basis of the rate increase should not be on percentage, but it should be based
on the amount of service needed in order to have people who use the most, pay the
most.
Councilman Petterson felt the sewer operation
basis without subsidy from other City taxes.
know exactly what the sewer operation costs t
rate increase.
should be on a more self- supporting
In this way, the citizens would
em and the City. He favored the
Councilman Graham agreed that the sewer operation should be on a more self- supporting
basis so that everyone would know the cost of sewer. He too agreed with the
increase as presented.
Mayor Schwartz also agreed with the need for a sewer service charge increase
' in order to make the sewer operation a self- supporting one. He felt the people
and the City Council should know exactly just what each service of the City was
costing and how it was administered, and then having adequate revenue to pay its
debts.
On motion of Councilman Graham, seconded by Councilman Petterson the following
resolution was introduced: Resolution No. 2822 (1975 Series), a resolution
of the Council of the City of San Luis Obispo establishing sewer service charges.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Norris
ABSENT: None
4. At this time the City Council held a public hearing to consider
reports and recommendations from the City Planning Commission concerning City
resource deficiencies in accordance with the provisions of Ordinance No. 604 -A
for the following projects:
A) John Kuden, applicant, 1427 Mill Street, request for building permit
to construct a single apartment and garage.
' PROBLEM: The project site was not provided with sufficient water supply for
fire suppression. The project would contribute sewerage to a downstream sewer
line which was operating at three to seven percent beyond its theoretical peak
flow, the overloaded section was located on Marsh Street between Chorro and
Broad Streets.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that
Ts a con ition o t e building permit, the applicant be required to take remedial
action to alleviate this deficiency; construction of a fire hydrant at the south-
west corner of Mill and California. There was an existing 16 inch diameter water
line on California Boulevard.
City Council Minutes
July 7, 1975
Page 8
1) The fire hydrant nearest to the site (intersection of Mill $ Pepper)
had insufficient flow even with substantial modification or replace-
ment of the hydrant head,. The hydrant was served by a four inch
diameter water line on Mill Street.
2) The existing hydrant located at the southeast corner of Mill and
California also provided insufficient flow (it was connected to the
four inch line on Mill Street) and would require closing of California
Boulevard during use to serve this project.
In connection with the sewerage problem to a downstream sewer line, the Planning '
Commission made the following comments:
1) No trouble had been reported in this section.
2) Excess flows could only cause sewage to rise six or eight inches
above the outlet into the manhole when occasional peak.flows occur.
The Planning Commission and City Council had previously reviewed the subject
deficient sewer line in regard to the Hilton Inn. The consensus of the Commis-
sion at that time was that the deficiency was not an emergency and there was
sufficient time to rectify the problem without denying permits or other entitle-
ments. The City Council accepted the recommendation of the Planning Commission
and requested that staff initiate a program of surveillance on flows to avoid
further overburdening; the City Council also requested that the development of
that portion of the sewer that was overburdened be placed in the 1975/76 CIP
for consideration. The project was not on the approved 1975/76 CIP list.
On motion of Councilman Gurnee, seconded. by Councilman Norris the matter was
continued at the request of the applicant, John Kuden. Motion carried.
B) Dr. Robert Cleath, applicant, 1295 Bond Street, request for building
permit to construct a three -unit residential structure.
PROBLEM: The project would contribute sewerage to a downstream sewer line ,
south of Murray Street, on Hathway Street, which was operating beyond its
theoretical peak flow.
PLANNING COMMISSION RECOM?N!ENDATIONS :- The Planning Commission recommended that
the project be allowed to proceed and that no action be taken at this time for
the following reasons:
1) See memo from the Utilities Engineer regarding this matter.
2) As a part of a previously approved 32 -unit apartment complex to be
located at 1262 Murray Street, this section of deficient sewer line
would be replaced. The proposed project was approved by the Archi-
tectural Review Commission and Planning Commission (U 0478 - approved
December 17, 1974). The staff contacted the architect for this
project and was advised that construction documents were in progress
for this project and -would be submitted for building permits in
approximately three months.
On motion of Councilman Gurnee, seconded by Councilman Graham.that the City
Council adopt the recommendation of the Planning Commission. Motion carried,
all ayes.
S. At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO. 639, an ordinance amending portions of Article III, Chapter 1, ,
Part 2, of the San Luis Obispo Municipal Code to adopt the 1973 edition of
the Uniform Fire Code, together with - amendments and additions thereto; and
repealing all ordinances and parts of ordinances in conflict therewith.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the adoption of
Ordinance No. 639.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
July 7, 1975
Page 9
On motion of Councilman Gurnee, seconded by Councilman Petterson Ordinance
No. 639 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
6. At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO. 640, an ordinance amending the Official Zone Map of the City of
San Luis Obispo (to rezone from M and M -S and R -2 to C -H -S - portions of Lots 1
through 8 of the Imperial Addition, City of San Luis Obispo, commonly known as
23302 -2324 Broad Street).
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the rezoning.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham Ordinance No. 640
was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
' 7. At this time the City Council considered an interim urgency ordinance
amending the Municipal Code to provide additional regulations for signs as
related to various land use zones, requiring use permits for various signs, and
ordering the study and development of new sign regulation provisions for the
Municipal Code.
A.J. Shaw, City Attorney, submitted for the Council's consideration the interim
urgency ordinance allowed under the provisions of Government Code Section 65858
and Municipal Code Section 9200.16 A(6) being amended on an interim urgency
basis to supersede all Municipal Code provisions which might be in conflict
herewith, as follows:
116. SIGNS: Signs may be erected in any district subject to the limitations
of the Sign Ordinance, and subject further to the following specific limitations:
(a) Signs Requiring Use Permit Approval. . ."
A.J. Shaw then listed the signs under the following categories which might
be permitted subject to the issuance of a use permit, pursuant to the provisions
of Municipal Code Section 9200.17, which included all the zones from R -1 through
C -H and M zones, listing the limitations, height, etc.
Robert Strong, Community Development Director, explained to the City Council
that the need for this interim ordinance was to provide for City reviews of
' certain signs to assure consistency with design criteria developed since the
original ordinance was adopted by the City.
Mayor Schwartz declared the public hearing open.
Carl Heymann, representing the Sign - Users' Council, Northern Region of California,
objected to the proposed action by the City Council of the City of San Luis Obispo.
He felt the proposed action was unfair to one segment of the business world. He
felt that taking this action in order to stop one motel sign from being put up
was irrational. He felt that this action by the City Council would put the entire
industry in jeopardy in order to correct one problem. He felt the provisions of
the urgency ordinance were complete departures from the existing sign ordinance.
City Council Minutes
July 7, 1975
Page 10
He felt that it would be ineffective and arbitrary, and it was written in ambigu-
ous wording. He felt the proposed ordinance was unreasonable and its conditions
were capricious and were unfair to the business and sign users of the City.
Finally, he stated that the existing sign ordinance did not now or had ever been
enforced by the City departments except on a selective basis against certain
industrial individuals.
Richard Bryant, representing the Motel Inn, asked for clarification of conditions
on the size of the sign in the urgency ordinance in the C -2 zone.
Frank Exter, Sands Motel, objected to the provisions of the proposed urgency
ordinance dealing with signs for motels, etc. He felt that the'new ordinance
was too restrictive and would be extremely difficult for business operations
and property owners to comply with due to a long review process in 'the ordinance.
He felt, in his opinion, that this was just another action by the City Council
to try to delay anything for development or improvement to the business community.
Mr. Long, President of the Hotel -Motel Association, objected to the proposed
ordinance as he felt that the new ordinance would put many motels out of business
as the smaller signs against the building cause tourists not to be able to find
their motels.
Homer Odom, Flora Street, was opposed to the proposed ordinance on the basis of
abridgement of free speech and that this proposal was really an act of censor-
ship of business signs using aesthetics as the base. He wanted to know who
would decide what proper signs would be for each business, and he wanted to
know who had the right to put up a sign. He felt that while the urgency ordinance
might be legal, the question of what was fair and what was right for the people
of San Luis Obispo should be considered. He urged the City Council not to
adopt this ordinance tonight, but wished them to look at existing sign laws to
come up with something fair for everyone.
Paul Moerman, representing City Neon, opposed to the City Council's consider-
ation of this ordinance at this time and under the so- called urgency provisions. ,
He felt that any law passed as an urgency for signs was wrong and too all con-
suming. He felt if changes were needed in the City ordinance, they should be
done after due deliberation and public input not only from those who used signs
but from those who made signs. He felt to make this drastic change on the
basis of so- called aesthetics was really immoral.
Mayor Schwartz declared the public hearing closed.
Councilman Norris asked who would review and prepare amendments to update the
sign ordinance that this urgency ordinance.was stopping at this time.
A.J. Shaw, City Attorney, then read Section 2 of the proposed ordinance,
which stated "Staff and all appropriate advisory bodies are directed to study
and develop a proposed ordinance within a reasonable time to provide for a
comprehensive revision of the City's sign regulations."
Robert Strong, Community Development Director, felt that the Design Review
Board of the City would be the lead body in preparing the ordinance with
input hopefully from the citizens, the sign industry, businessmen, etc. The
proposed ordinance would then go to the Planning Commission for public hearings
with final action before the City Council.
Councilman Patterson stated
as-he understood the provisions of
the urgency
ordinance, it would only be
in effect for four months. If the
staff, industry
and advisory groups did not
come up with new amendments by that
time, then the
ordinance would expire and
the existing ordinance would become
effective again.
A.J. Shaw, City Attorney, stated that Councilman Petterson's statement was
correct, except that the City Council could extend the urgency provisions of
the ordinance for a further period of time.
Robert Strong, Community Development Director, again then reviewed the height
and size provisions contained in the urgency ordinance and the provisions in
the existing City Sign Ordinance.
City Council Minutes
July 7, 1975
Page 11
Councilman Petterson stated that he was opposed to the urgency provisions of
the ordinance. He stated he could.not go along with the emergency provisions
on this matter. He stated he was sympathetic to the sign user as far as sign
regulations were concerned, but he felt a more deliberate approach to sign
ordinance amendments should be considered. Although, he agreed all the sign
ordinance accomplished now was slow down sign applications for four months
while the study went on. Finally, he would reluctantly support the interim
ordinance and hope that a good sign ordinance would be developed for the sign
users and for the industry.
Councilman Graham stated he would support the interim ordinance in order to
take a second look at the City's sign problems, particularly in light of the
excessive height allowed in the present ordinance.
Councilman Gurnee stated he would support the urgency ordinance as he felt
that the height of signs should be controlled or at least should be looked at
to see if these regulations were still viable and supportive of the community's
feelings. He hoped that a comprehensive sign ordinance would come out of these
deliberations.
Councilman Norris stated he was opposed to the urgency provisions of the
ordinance and also opposed to use permit provisions of the ordinance which
would allow arbitrary powers for a little group of people who had no established
criteria to decide for or against signs. He would oppose this ordinance and
all its provisions.
Mayor Schwartz felt the sign ordinance should be revised and felt it should be
revised when all regulatory ordinances were'revised with the General Plan
adopted. He felt that the provisions of the urgency ordinance would be good
for the City for a four -month period in order to make the sign ordinance more
effective for the people of San Luis Obispo, including the sign industry. It
would tie in with the new General Plan, which hopefully would be adopted
within the four -month period by the City Council.
On motion of Councilman Gurnee, seconded by Councilman Graham the following
ordinance was introduced: Ordinance No. 641 (1975 Series), an interim
urgency ordinance amending t ei� Municipal Code to provide additional
regulations for signs as related to various land use zones, requiring use
permits for various signs, and ordering the study and development of new
sign regulation provisions for the Municipal Code.
Finally passed on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Petterson and Mayor Schwartz
NOES: Councilman Norris
ABSENT: None
8. Memorandum from D.F. Romero, Director of Public Services, regarding
the communication from H.G. Wheeler requesting removal of three trees at
1426 Santa Rosa Street was continued to July 21, 1975 at the request of the
property owner.
9 $ 16. Communication from D.F. Romero regarding bike lanes on California
Boulevard between Hathway and Foothill, and Council consideration of necessary
improvements by the Southern Pacific Company, California Boulevard between
Hathway and Foothill Boulevard were continued on motion of Mayor Schwartz,
seconded by Councilman Petterson for a final and complete staff report. Motion
carried.
10. Memorandum from D.F. Romero regarding citizens' participation in
maintenance of the landscaping-in the various City parking lots was continued
on motion of Mayor Schwartz, seconded by Councilman Gurnee for a complete
report by the City Attorney on insurance matters for volunteer work. Motion
carried.
11. Communication from D.F. Romero notifying the City Council that the
City had received approval from Robert Goodwin, special attorney representing
the City in negotiations with Pratt Construction Company for the final payments
to Garden Homes, Tract 467, Unit I, off -site improvements. He was, therefore,
City Council Minutes
July 7, 1975
Page 12
presenting for final payment, Estimates 7 and 8 which included the final payment
for the project. The progress payments did not take into account an increased
cost for placing a sewer siphon across San Luis Creek for which the City had
previously offerred $5,620.22 and which the contractor refused. This item
will be taken to court. There were also several water items which were still
in disagreement. The amount of the payment to Charles Pratt Construction
Company for Estimate 7 - $712.69, and Estimate 8 - $29,236.01.
D.F. Romero concluded that the cost increases for the project amounted to
80,860.25; $13,432.80 of which was.charged against the developer; and
$67,427.45 against the City. Of the City's share, $59,549.38 was for the
water increase. The original contract on the project was $211,498.82.
A.J. Shaw, City Attorney, stated that upon advice of the special attorney on
this matter, Robert Goodwin, that these payments be made by the City as soon
as they could be prepared.
On motion of Councilman Pettetson, seconded by Councilman Graham the payment
was approved and the Finance Department was ordered to pay the recommended
amounts. Motion carried.
9:30 p.m. Mayor Schwartz declared a recess.
9:55 p.m. The meeting reconvened with all Council members present.
X. T. Keith Gurnee, Councilman, stated it was with regret and anger
that he ask the City Council to add to its agenda an item requesting Council
action to halt Alex Madonna's defacing of San Luis Peak.
He stated while it had appeared that the grading project that was so scarring
this community resource had been outside the purview of government action, and
he could not, for one, take this sitting down.
He continued his nagging suspicion that the "fire road" was really a road '
to serve the site of his proposed restuarant was now confirmed by Madonna's
grading activities over the past weekend. An irreparable scar had been
cut across the face of the peak, slashing toward the site of his proposed
restaurant.
He asked the City Council to consider the following:
1) How could such a valuable, sensitive community resource be carved
up at such expense to the environment of both the peak and the
community, yet remain immune from County permits and procedures?
2) What was the engineering of the road?
3) Could the grading trigger landslides or slippage as it was con-
structed in a landslide -prone area?
4) What would its effect be on drainage patterns and erosion in future
rains?
5) How closely did the engineering match Madonna's planned route for
access to his proposed restaurant?
6)
Even if it were a fire road, was one
needed? In the location now
Although
being graded?
"fire roads" or "agricultural roads"
were currently exempted from
County
permits and therefore from the County's
Environmental Impact Guide-
lines,
this particular grading long ago .ceased
being a simple agricultural
or fire
road, and therefore should be subject
to County permits and Environ-
mental
Impact Guidelines.
Therefore, as a member of the City Council, he asked that the City Council
take the following action at this time:
1) Halt work on the Madonna grading of San Luis Peak by either:
City Council Minutes
July 7, 1975
Page 13
a) City initiated court action to enjoin the grading operations
under the premise that the State EIR Guidelines had been violated.
b) City encouragement - both spiritual and financial - to
individuals or a citizens' group to initiate such action.
2) Urge County establishment of the peaks area as an "Area of Critical
Concern" wherein special environmental regulations would apply; i.e.,
grading and vegetation removal (other than cultivation and very
minor grading projects - 50 cubic yards or less - would be subject
to special permits and thorough environmental assessment.
He urged the City Council to take action on this matter this evening.
A.J. Shaw, City Attorney, stated upon question that the City Council had the
power to initiate court action on.land outside the City limits or the City
could give City funds to individuals or groups to initiate court action as
required, although he felt that details of court suits should be discussed
in Executive Session.
Councilman Graham asked if the EIR Guidelines had been violated and should
work be stopped until the EIR was filed on the fire road.
There was no answer to this question.
Mayor Schwartz opened the discussion for public input at the request of the
City Council.
R.E. Barrows, Meinecke Street, felt that it was too late to do anything with
the so- called fire roads, but he felt that the City and Council should take
some action to protect San Luis Mountain even if it must be purchased with
public funds.
Don Smith was in support of Councilman Gurnee's letter and urged the City
Council to take some action. He was willing for the City to use his name
in a suit, if the City would pay for the court fees.
Homer Odom, Flora Street, was in support of the action by Mr. Alex Madonna.
He felt that the Council had insulted and.maligned Mr. Madonna in his attempts
to protect his property. He felt that Mr. Madonna had the right to protect
and develop his property with fire roads to avoid future damage if a fire
broke out. Finally, he felt that rather than malign Mr. Madonna, the City
Council should meet and talk with him to see just what his plans for his
property were and if he really planned on developing it.
Robert Leitcher, 642 Monterey Street, was in support of Homer Odom's state-
ment and felt that the property owner should be allowed to develop his land
as he saw fit within general guidelines and laws. If not, then the City
should buy the mountain if they could.
Dr. Richard Kresja, Chairman of the County Board of Supervisors, asked what
he could do as a resident of the north slope of San Luis Mountain to protect
his property from future erosion and wondered what would come down from the
so- called fire roads in the next big rain. He stated that all natural drains
on the north slope had now been filled in by the Madonna fire roads and hoped
the Council would protect all property owners from floods.
Sandy = 'Silacci, Laguna Lake Area, was opposed to the City Council taking any
' action on this matter until they were aware of all that was being done.
Andy Wilson, student, was in support of Councilman Gurnee's opposition and
protection to future mountain development.
John Kuden felt the City and the County governments had never met with or
cooperated with County property owners on protecting the Morros. He stated
that many of these property owners had tried for years for support from the
County and City governments and received none.
Mayor Schwartz closed public input on this item.
City Council Minutes
July 7, 1975
Page 14
Councilman Petterson stated he was surprised at the actions of Mr. Madonna.
He felt that the fire roads were.needed and hoped Mr. Madonna would clean
up the scars and also clean up the natural drainage to avoid future possible
flooding. He did not feel that the roads were necessary.
Councilman Graham was opposed to putting in the fire roads. He felt that
some environmental consideration should have been made by the owner prior to
doing the work. He hoped that the Supervisors would take some action to
protect the mountain from further desecration. He urged the Supervisors to I
meet with Mr. Madonna and try to work out some type of compromise.
Councilman Gurnee again reviewed the problems as he saw them and what steps
he felt should be taken to preserve and protect the mountain..
Councilman Norris felt the property owner had a right to protect his property
from fire or other disaster. Further, unless the Council was willing to
purchase the mountain, they should let'County government, in whose jurisdic-
tion the mountain existed, comply with.their rules, laws, etc. Finally, he
did not agree with any of the proposed suggestions by Councilman Gurnee and
would not spend City funds to go to court or support any individual with funds
as suggested to fight property owners outside the City.
Mayor Schwartz was amazed that the property owner would take action that would
damage the environment of San Luis Mountain. He recognized that Alex Madonna
was operating within existing County laws. He also recognized the possible
dangers that could exist with the development of fire roads from erosion, flood,
etc. He hoped that Zone 9, the flood control district, would look into
the possible flood potential caused by the fire road construction. He did not
know what the City could do as the work had already been done and could not
be undone. Finally, he stated that many years ago the City talked about buying
the Mountain, but the City Council.never took any action, although it had been
shown thusly in many, many general plans, open space plans, etc.
Councilman Petterson suggested that the City Council notify Mr. Madonna of the
City's worry about the visible scars, erosion., and flooding, and urge him not
to go any further with his fire roads.
Councilman Gurnee felt that the action would not do the job, but he felt that
any action would be better than just ringing of hands.
A.J. Shaw, City Attorney; explained how the County EIR affected this project.
Councilman Petterson continued that the Council should ask the County Supervisors
to look into their regulations dealing with this and similar matters.
Mayor Schwartz felt that the letter should also go to Zone 9 regarding potential
erosion problems and future flooding.
Councilman Gurnee moved that the City Council write to Alex Madonna and ask him
to: 1) cease present fire road construction, and 2) discontinue roads on the
south side of the mountain. Motion lost for lack of a second.
On motion of Councilman Petterson, seconded by Councilman Graham that the
City Council write a letter to Mr. Madonna of the Council's concern-regarding
erosion problems, drainage problems, visual impact on the City and reconsider
roads on the south slopes of Mount San Luis; and that the City Council write
a letter to the Board of Supervisors regarding a study of County laws on
grading, EIR's,'etc.; and that the City Council also write a letter to Zone 9
notifying them of potential drainage-problems caused by the grading on Mount '
San Luis. Motion carried, Councilman Gurnee voting no.
12. Communication from Fred Strong, representing Floyd Weymouth, who
requested a rezoning in the County area and requesting time on the City Council
agenda to discuss the matter.
Robert Strong, Community Development Director, briefed the City Council
action of June 17, 1975 at which time the City Council supported the recom-
mendation of the Planning Commission in denying the proposed rezoning and
urging that a strong stand be taken with the Board of Supervisors recommend-
ing denial, and authorizing a letter to the Board of Supervisors and a personal
appearance by the Mayor or his representative objecting to the proposed rezoning.
City Council Minutes
July 7, 1975
Page 15
On motion of Councilman Gurnee, seconded by Councilman Graham that the com-
munication from Fred Strong be received and filed. Motion Most on the follow-
ing vote:
AYES: Councilmen Gurnee and Graham
NOES: Councilmen Norris and Petterson and Mayor Schwartz
ABSENT: None
Fred Strong, representing Fred Strong and Associates, objected to the City
Council action of June 17, 1975 without any input from the property owner or
his representative. He felt that this was another example of the high- handed
methods used by the City of San Luis Obispo involving properties over which
they had no .control.
On motion of Councilman Petterson, seconded by Councilman Norris that the
City Council set a hearing for July 21, 1975, subj.ect'only if Fred Strong
submitted written presentation prior to the Council meeting in support of his
arguments regarding the Weymouth rezoning. Motion carried, all ayes.
13. At this time the City Council considered a recommendation from the
Planning Commission recommending approval-of Minor Subdivision No. 429,
2435 Flora Street, R -1 zone, which would allow a minor lot line adjustment
to the property, subject to the following conditions:
1) A final parcel map should be submitted subject to approval of
the City Engineer.
2) Permanent survey markers should be placed at the new property
corners.
On motion of Councilman Gurnee, seconded by Councilman Petterson that the Minor
' Subdivision 429 request was approved subject to the conditions as recommended
by the Planning Commission. Motion carried, all ayes.
14. At this time the City Council considered a recommendation from the
Promotional Coordinating Committee that on June 11, 1975 they consider the
request of the Downtown Merchants, Madonna Plaza Merchants and University
Square Merchants groups for a matching funds grant from the PCC for City
funds to buy, install,.store and maintain 38 Christmas light pole decorations
in the three shopping areas at a cost not to exceed $5,000. The balance of
the cost would be shared with the Downtown Merchants and the two shopping
center merchant groups.
Homer Odom, Chairman, PCC, appeared before the City Council and spoke on
behalf of the request by the Promotional Coordinating Committee.
Dave Garth, Secretary /Manager of the Chamber of Commerce, appeared before the
City Council submitting a proposal for.a Christmas light pole decoration for
the downtown area, Madonna Road Plaza, and University Square. The purpose
was to foster cooperation between various shopping areas and other entities
during the Christmas season, promote and coordinate Christmas events and
projects throughout the City, and to create a coordinated City -wide Christmas
decoration program.
The Committee proposed to decorate 24 poles in the downtown area, eight in
the University Square shopping center, and six in the Madonna Plaza shopping
' center.
The Downtown Association would contribute $3,000, University Square would
contribute $1,000 and Madonna Plaza would contribute $750, with the City
contributing a matching amount.
Councilman Petterson announced that due to a possible conflict, he would
step down from consideration of this request, and he then left the Council
Chambers.
Councilman Norris felt this was an excellent program and would support the
request. He also asked if the Promotional Coordinating Committee was s.,;
City Council Minutes
July 7, 1975
Page 16
considering covering the parking meters during the Christmas seasoni and not
collect parking fees. He felt that this was one gift that the City of San
Luis Obispo could give to the shoppers coming to downtown and to the shopping
centers in the City.
Mayor Schwartz asked what other manner of decorations did the joint committee
consider for Christmas time.
Dave Garth explained that the Committee received bids from three decorating
contractors, and they chose the most reasonable bid for the City.
Councilman Gurnee stated he was opposed to spending any public funds for
tinsel decorations or the type recommended. He did not feel that it reflected
San Luis Obispo's character:
Councilman Graham stated that he too was opposed to tinsel -type decorations, but
would support a more natural type of decoration, more in character with the
good life in San Luis Obispo.
Mayor Schwartz was opposed to this type of cheap decoration, while he would
have supported some type of decoration, but not what had been proposed by
the Committee.
Frank Exter, Chairman of the Joint Committee for Christmas Decorations,•hoped
the City Council would change their minds and support the proposal of the
three merchant groups. He felt that the new proposal was a good, cohesive
program for the City. He felt in the short time he had been in San Luis.
Obispo that the Christmas decorations had been very poor and an uncoordinated
mess. He felt that the Committee's proposal was to have a coordinated
decorating scheme. He felt that if the City bought this proposal, it could
be made to increase each year and be expended to considerable area. He also
reminded the City Council that they were not asking for tax money to pay the
full bill, but only a share of the bill.
Dave Garth again spoke in support of the Chamber's request for matching funds
for Christmas decorations.
Ron Dunin, President, Downtown Association, and member of the PCC, spoke in
support of the request for matching funds from the City for Christmas
decorations, and he also supported the recommendation of the Promotional
Coordinating Committee. He stated that he spoke to Mrs. Phillips.regard-
ing home -made decorations, but reminded the City Council that someone
would have to put up the decorations., maintain them, store them, and then
take them down, and also to provide proper liability insurance to protect
the City from exposure. He felt that these things should be considered
by the City Council in having home -made decorations.
Dave Garth again spoke in support of the Chamber's decorating group. He
offered to meet with the City Council to decide type and style of Christmas
decorations.
Councilman Norris again stated he whole - heartedly supported the proposal of
the merchant groups for matching funds for decorations, but he was open to
type and style of program.
Mayor Schwartz stated he was not opposed to the proposal, but he felt that
the cooperation between merchants and the City was excellent. He felt that
the Christmas Decoration Committee should,go to the Design Review Board for
their review and possible recommendation to the City Council.
On motion of Mayor Schwartz, seconded,.by Councilman Gurnee that the matter
be continued with the Chamber of Commerce Christmas Decorating Committee to
meet with the Design Review Board for study and - recommendation of type and
style of decorations. Motion carried.
Councilman Petterson returned to the meeting and took his place at the desk.
City Council Minutes
July 7, 1975
Page 17
15. Recommendation from the State Department of Transportation to the
California Highway Commission recommending that they rescind the freeway
adoption and dispose of required rights of way on portions of Highway 1
between Highway 101 and Marsh Street to eight- tenths of a mile west of
Pennington Creek.
On motion of Councilman Gurnee, seconded by Councilman Graham the City Council
approved the recommendation of the Department of Transportation urging the
rescinding of the action on that portion.of Highway 1. Motion carried,
Councilman Norris voting no.
17. Communication from Charles E. French, Attorney, regarding the
proposed McMillan Assessment District was referred to the staff for a full
presentation and research, on motion of Councilman Petterson, seconded by
Councilman Graham. Motion carried.
18. A. Minutes of the Mass Transportation Committee meeting of
April 21, 1975 (item 4).
B. Minutes of the Mass Transportation Committee meeting of
June 18, 1975, requiring Council action.
This item was continued to Tuesday, July.8, 1975.
19. A. Memo from Robert Vessely regarding Waterways Planning Board
minutes for June 18, 1975 and requesting Council approval on various motions.
B. Waterways Planning Board minutes of June 13, 1975 which require
Council action.
C. Memo from Robert Vessely regarding Waterways Planning Board
Minutes pertaining to The Creamery.
D. Memo from Paul Landell regarding recommendation of the Waterways
Planning Board meeting of June 27, 1975 regarding City contract policy as it
pertained to consultant firms.
Items 19 A, B, C and D were continued to Tuesday, July 8, 1975.
20. Communication from D.F. Romero regarding improvements to Mission
Street play lot was continued to Tuesday, July 8, 1975.
21. Memo from D.F. Romero regarding recommendation for fertilizer and
weed control in City park -turf areas was continued to Tuesday, July 8, 1975.
22. Memorandum from the Department of Parks 8 Recreation requesting
permission to proceed with bidding procedures for construction of Sinsheimer
Park Tennis Courts, Phase I.
Jim Stockton, Assistant Director of Parks & Recreation, presented the plans
and specifications for the City Council's consideration with an estimated
cost to be $126,299.
On motion of Councilman Gurnee, seconded by Councilman Norris the plans and
specifications were approved and the staff was authorized to call for bids.
23. Wayne Peterson, City Engineer, presented for the City Council's
consideration plans and specifications for STREET RECONSTRUCTION PROJECT &
CHURCH STREET WATERLINE, City Plan No. 10 -75. The estimated cost to be
$94,385, of which $75,000 was allocated to street work, $10,000 to curbs,
gutters, and sidewalks, and $9,385 for the Church Street waterline. Money
was available in the sales tax street money, and P.I.$B. Capital Outlay
funds.
On motion of Councilman Gurnee, seconded by Councilman Graham the plans
and specifications were approved and the staff was authorized to call for
bids. Motion carried.
City Council Minutes
July 7, 1975
Page 18
24. Memorandum from A.J..Shaw, City Attorney, informing the City Council
that the Rockwell Federal Credit Union had authorized an extension in the
City's lease for the Laguna Lake Golf Course through February 29, 1976.
On motion of Councilman Graham, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2823 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving a six months extension
of the Laguna Lake Golf Course Lease.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
On motion of Councilman Graham, seconded by Councilman Gurnee the meeting
adjourned to 12:10 p.m., Tuesday, July 8, 1975. Motion carried.
APPROVED: October 27, 1975
.`Fitzpatrick, City Clerk
1
1
1