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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO,'CALIFORNIA
August 20, 1973 - 7:00 P. M.
City Hall
Present
Absent:
City Staff
Myron Graham, T. Keith Gurnee, Jess Norris,
Mayor Kenneth E.'Schwartz
John C. Brown
Present: J. H. Fitzpatrick, City Clerk; Dave Williamson,
Assistant Administrative Officer; R. D. Miller,
Administrative Officer; J. Stockton, Assistant
Director of Parks & Recreation; R. A. Paul,
Water Director; E. L. Rodgers., Police Chief;
Paul Landell, Engineering Assistant;
L. Schlobolm, Fire Chief; A. J. Shaw, City
Attorney; R. D. Young, Planning Director.
C -I. Claims against the City for August were authorized for
payment subject to the approval by the Administrative Officer.
C -2. Communication from Councilman T. Keith Gurnee regarding
the reimbursement of expenses to Councilmen and the denial of a
specific claim against the City was referred to the Study Session
.of September II, 1973 for discussion and for establishment of a
policy.
C -3. Council.consideration of the minutes of the adjourned
meeting of February 13, 1973 were approved. The minutes of the
meeting of May 7, 1.973 were approved with the correction on page
14, Councilman Gurnee making the motion; not Councilman Graham.
C -5. The contract payment for James T. Fickes, Architect for
the SENIOR CITIZENS' CENTER ADDITION for $1,305.60 was approved.
C -6. The following salary step increases effective September I,
1973 were approved:
Daryl G. Andrews - Police Officer
From Step I or $816 to Step 2 or $860
Ronald D.
From Step
Philip P.
From Step
Melinda J
From Step
Davida Jo
From Step
Brown - Police Officer
4 or $960 to Step 5 or $1,012
Doyle - Building Inspector
2 or $86,0 to Step 3 or $910
Kennedy - Dispatcher Clerk
3 or $618 to Step 4 or $652
Rea - Typist Clerk II
I or $506 to Step 2 or $536
C -7. Communication from Cuauhtemoc Lara of the E.P.C. program
at Cal Poly requesting permission to install a public address
system in Santa Rosa Park on September 22, 1973 from 10:00 A. M.
to 6:00 P. M. was approved subject to the control of the
amplified music.
City Council Minutes.
August 20', 1973
Page 2
C -8. Memo from R. A. Paul, Water Director, forwarding copies of
the City's protest to the application to appropriate water from the
Salinas River by Viola H. Haas was approved, the Water Director was
authorized to file the protest, and to advise the City's Legal Counsel
and Engineering Consultant of the action.
C -9. Memorandum from R. A. Paul, Water Director, requesting the
City Council to continue consideration of a report to determine
water acreage fees was approved and continued.
C -10. Communication from Ray Williams, Chairman, Coast Democratic
Club, regarding the proposed Estero Bay monobuoy facility project of
Standard Oil of California was received and ordered held for further
information prior to Council action.
C -II. Claim against the City by John L. Noggle for sewer service
caused by stoppage in the City main line was denied and referred to
the insurance carrier.
C -12. Claim against the City by Chong's Candy Store for a broken
neon sign by a City employee working on a traffic signal was denied
and referred to the insurance carrier.
C -13. Claim against the City by Charles W. Flanaoan for flood
related damages consisting of an amended claim was denied and referred
to the insurance carrier.
C -14. Report from Dale W. Perkins, Library Director, for the County
Library System on the "Library Operation and Consolidation in Fiscal
Year 1972 -73" was ordered received and filed.
C -15A. Administrative Officer, Richard D. Miller, announced the
promotion of Police Sgt. Larry G. Lunsford to Lieutenant, effective
August 16, 1973 with advancement to the 4th step of $1,224 (with the
educational incentive), subject to one year's probationary period in
the new rank.
C -15B. Administrative Officer, Richard D. Miller, announced the
promotion of Police Sgt. James Farris to Lieutenant, effective
Septemberl, 1973 with advancement to the 4th step of $1,258 (with
double educational incentive), subject to one year's probationary
period in the new rank..
C -15C. Administrative Officer, Richard D. Miller, announced the
appointment of Ellis Fitler to the position of Mechanic I beginning
August 16, 1973 at Step I or $712 per month, subject to a one -year
probationary period.
C -16. Communication from R. A. Silva, President of the Downtown
Association notifying the City Council that the Board of Directors
were submitting a request for the formation of an Improvement District
under the provisions of State Law, Assembly Bill 103. It was the
feeling of the Downtown Association Board of Directors that the
information of such a district would further the growth and prosperity
of the licensed businessess within the core -area district as outlined
in the law. The request was ordered received and filed with the City .
Attorney reqested to prepare a draft ordinance for Council consideration.
C -17. Dropped from the agenda.
C -18. City Clerk reported on the following bids received for
SOUTH BROAD STREET (EDNA ROAD), TO EXTEND WATER AND SEWER LINES, City
Plan No. 10 -74. Estimated City share $3,000 budgeted under C.I.P.
No. 8 and water No. 343 - Total estimated cost $25,000.
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ALTERNATE A
FRED JULIEN & ASSOCIATES
R. BAKER CONSTRUCTION COMPANY, INC.
LOPEZ SEWER CONTRACTOR
TED WATKINS
ALTERNATE B
FRED JULIEN & ASSOCIATES
R. BAKER CONSTRUCTION COMPANY, INC.
LOPEZ SEWER CONTRACTOR
TED WATKINS
City Council Minutes
August 20, 1973
Page 3
$13,771.00
$15,188.60
$21,125.00
$26,367.00
$16,124.00
$18,889.60
$23,575.00
$29,089.00
Paul Landell, representing the Engineer's Office, explained
that the reason for calling for alternates A and B was to obtain
accurate cost figures for excess capacity. The developer will
pay for an 8 ;inch line with the City to pay for a 12 inch line.
Mr. Paul and Mr. Landell recommended that the low bid on alternate
B be accepted with tight supervision and inspection to be
provided by the City.
On motion of Councilman Graham, seconded by Councilman Gurnee
that alternate B be accepted and the contract awarded to
Fred Julien and Associates.
On motion of Councilman Graham, seconded by Councilman Gurnee
all the consent items were approved.as motion noted.
I. Memorandum from D. F. Romero, City Engineer regarding the
bid of Lopez Construction Company for the Madonna Inn force main
project. City Engineer stated he had been unable to receive
information that Lopez Construction Company was not a responsible
bidder and he recommended that the City had no choice but to
award the contract.
On motion of Councilman Graham, seconded by Councilman Norris
that the bid of Lopez Construction Company be accepted. Motion
carried.
2. Continued consideration of the weed abatement appeal
from Joe Warnagieris continued . from the August 6, 1973 meeting.
Lee Schlobolm, Fire Chief, recommended that the City Council deny
the appeal on the basis that the dry grass and weeds on-the
Warnagieris parcel constituted a fire hazard and that an accidental
fire originating at this location could under certain circumstances
spread northerly and involve thousands of acres of grass and
brush adjacent to the northerly property line. Further, in view
of the steepness of the. terrain, he had determined that the removal
of the vegetation would perhaps be impractical but that a 15 foot
fire break adjacent to the property line on the north would not
be unreasonable nor unduly expensive even though it would be
necessary to utilize hand tools. It was his feeling that the total
cost might run about $20 to the property owner. He concluded that
he did not have an expecially strong feeling in regard to this
particular abatement problem, but he had attempted to view all
weed abatement violations in a consistent manner. However, he
would follow whatever.di.cta_tes. _ the City Council wished to prescribe
City Council Minutes
August 20, 1973
Page 4
Mr. Joe Warnagieris again spoke on behalf of his appeal from the weed
abatement procedures on his land contending that he was being picked
out to clear a parcel of land surrounded on all sides by other
property owners who were not required to clear their land. He further
stated that through the center of his property a worn area had been
opened by use of illegal motorcycle drivers using his property for
motorcycle racing, and he felt that this,path worn by motorcycles was
a sufficient fire break to not require his spending additional money to
clear the land. The Council discussed with the Fire Chief why this
property and not adjacent properties were ordered cleared.
On motion of Councilman Gurnee, seconded by Mayor Schwartz that the
appeal be denied and that a 15 foot fire break be placed along the
northerly property line. Motion carried. Councilman Graham voting no.
3. 8 12. At this time the City Council again considered the Waterways
Planning Board action on Application No. 036, July 24, 1973, for the
property owned by Marianne Michels at 1546 Oceanairre Drive who had
applied for a building permit to add a study -den to her home at the above
address. As this property flooded during 1973, the city engineer was
unable to make certain findings called for and had to refer the matter
for Council consideration. Mr. Dave Williamson, Assistant Administrative
Officer, reported the history of this particular property and that the
fact that building plans for the room addition were submitted just prior
to the January, 1973 flood, and that following the flood the building
plans were returned to the applicant pending the establishment of policies
for future construction in flood - hazard zones. Subsequent to that time
the City Council adopted a number of resolutions and ordinances to
establish policy for new construction in flood - hazard areas. However,
the specific Council Resolution No. 2486 was applicable. This resolution
as presently worded provided for a review of all improvement plans by
both the City Engineer and the Waterways Planning Board. The Waterways ,
Planning Board was given the task of assessing a proposed improvement
and making a Judgmental decision whether or not the proposed improvement
would affect the City's ability to correct flood problems in the future.
The City Engineer was assigned the responsibility of certifying that the
Waterway in the vicinity of the proposed improvement was stable and that
a proposed improvement, would not be flooded in the event drainage
structures serving the vicinity of the proposed improvement-was plugged
by debris or over taxed. The Waterways Planning Board had reviewed the
applicant's request and approved it subject to the construction of a
third barrel under Madonna Road. Bids for the construction of the third
barrel had been let and this facility was expected to be operational in
nine to ten weeks, which should be prior to the rainy season. As a
practical administrative matter, the City Engineer found it was
impossible to certify that the proposed addition would not flood in the
event drainage structures serving this area became plugged or over taxed.
However, the City Engineer agreed that means had been taken to improve
drainage and reduce flood hazards for the subject property. Therefore,
the City staff recommended that the wording of Resolution No. 2486 be
amended, which would supersede and summarize the Council's action on
this matter. Therefore, the staff recommended that Paragraph 2A of
City Resolution No. 2486 be revised in full to read as follows " the
prohibitions herein shall not apply if:
A. The City Engineer finds that the proposed improvement
will not be endangered by a storm of the magnitude of the January. 18, 1973
storm." This revised wording does not subsequently alter the inent
and purpose of Paragraph 2 as it is presently written, but it does
provide for a more workable administration of the resolution.
On motion of Councilman Norris, seconded by Councilman Gurnee the following
resolution was introduced. Resolution No. 2496, a resolution of the
Council of the City Of San Luis Obispo amending Resolution No. 2486 to
revise the findings required of the City Engineer when considering exemptions
to the provisions of the resolution.
City Council Minutes
August 20, 1973
Page 5
Passed and adopted on:the following role call vote:
AYES: Councilmen Graham, Gunree, Norris,
and Mayor Schwartz
ABSENT: Councilman Brown
On motion of Councilman Gurnee, seconded by Councilman Graham the
staff was requested to release and approve the building plans for
the addition to the Michels residence. Motion carried.
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4. E. L. Russell appeared before the City Council requesting
that the City Council refund a portion of the acreage fee paid
to the City on July 20, 1973 at•the new rate adopted by the City
Council of $730 per acre. He.based his appeal on the fact that
he felt that the City had delayed approval of his development on
a portion of Lot 102 of the suburban-tract on Edna Road until
after the new water acreage fee had been adopted by the Council.
He submitted a chronological listing by date of the.ac.tions.i.n.
which he attempted tp get approval of his development by the City.
It was his feeling that he had been told by the City that he
would require a use permit to develop a mobile home sales lot on
the property, and that while he was going through the procedures
of the use permit, the City Council changed the acreage fees.
Subsequent to that date he was informed by the City that he had
received erroneous information and that a use permit was not
required in the zone in which he was developing. Therefore,
based on erroneous information, he felt that a portion of the
acreage charge, the difference between $350 an.acre and $730 an
acre should be refunded as he did not feel that he had been
fairly treated by the City. Dave Williamson, Assistant
Admin.istrati,ve Officer; reported to the City Council on the
request of E. L. Russell for a partial refund of water acreage
fees. Mr. Williamson stated that the sequence of events outlined
by Mr. Russell in his letter were substantially correct and agreed
with the Staff.'s memory of these events. He continued that 11
months had elapsed.since Mr. Russell first contacted the City
regarding his property and the request for a partial refund of
water acreage fees was submitted. The preparation of plans did
not begin until more than .four months after Mr. Russell's initial
contact with the City. Further, five months elapsed between
the time Mr. Russell first contacted the City and purchase of
the property was completed. The City Council held public hearings
concerning water acreage fee increases during the last two months
of this period, and the preparation of improvement plans was
required whether or-not the filing of a conditional use permit
was necessary. Further,.the water acreage fees paid under protest
more than ten months after the initial contact was made by the
City, and more than five months after the City Council held a
second reading on the revised, increased water acreage fee
ordinance. It:is not necessary that development plans accompany
a. payment of water acreage fees and a request for water service.
The water acreage fee for this property could have been paid
prior to the adoption of the:revised water acreage fee schedule.
' Mr. Williamson concluded that it was the staff's opinion that
this was an instance where there was no direct connection between
the administrative processes of the City in revising its fee
and the sequence of events involving acquisition of the property
and the development of improvement plans on the part of the
applicant. City staff did not recall any representation by
Mr. Russell that he was attempting to meet a deadline regarding
the new water acreage fees. Therefore, Mr. Williamson stated
that the staff recommended to the City Council that a refund
was not warranted and that the subject's request should be denied.
City Council Minutes
August 20, 1973
Page 6
Councilman Graham stated that he felt he would like to do something
for Mr. Russell and give him some type of a refund, but he did not
know what to do or how to go.about it .legall.y or fairly..
Councilman Gurnee stated that he would go along with the staff
recommendation as he felt that the report.was well analyzed and
Mr. Russell had plenty of time to make his decision regarding the
water acreage fees.
Mayor Schwartz stated that he felt that he would go along with the
Russell appeal as there was a mixup on both sides and the timing of
the ordinance changes regarding water acreage fees took place during
these deliberations.
On motion of Councilman Norris, seconded by Councilman Graham that the
City Council. uphold the appeal of Mr. Russell and that the City refund
a portion of the acreage charge of the overpayment and only charge for
the old rate. Motion carried.
Councilman Gurnee voting no.
5. At the time the City Council held a public hearing on the
proposed adoption of an ordinance which would authorize the granting
of a franchise for the operation of passenger stages within the City
of San Luis Obispo.
A. J. Shaw, City Attorney, reviewed for the City Council's information
and the public the provisions of the enabling ordinance which would allow
the granting of a franchise for passenger stages. He reviewed the
definitions of vehicle, the requirements for drivers, the fares, the
requirement of audits and.records to be completed and compiled by the
franchise holder, the requirements of bonding insurance, methods of
transferring the franchise, the methods by.which the City could suspend
or revoke the franchise, exemptions and advertising on vehicles.
He also presented for the City Council's information a.recommendation
from the public transportation committee suggesting amendments and
clarifications to the enabling ordinance granting a franchise for
passenger stage service.
Mayor Schwartz declared the public hearing open.
Andrew Jones, Chairman of the Mass Transit Committee of the City, spoke
in favor of the City Council adopting the enabling ordinance so that the
City could later enter into agreement for bus service on a trial period
to see just what type of service would be-needed and the type of response
that the service would receive. He reported that the City Mass Transit
Committee had spent many months of study preparing the agreement and the
proposed franchise and thanked the Council for their support..
Mr. Art Briggs, spoke in favor of the City Council adopting an enabling
ordinance stating that he planned on submitting a proposal to supply a
bus system for the City.
Mayor Schwartz declared the public hearing closed.
The City Council then discussed with staff and members of the Mass
Transit Committee the various.provisions of the enabling ordinance and
the proposed franchise for beginning a service within the City.
Mayor Schwartz thanked the members of the Mass Transit Committee on behalf
of the City Council and the citizens of San Luis Obispo for the work
they have already put in on this project.
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City Council Minutes
August 20, J9 73
Page 7
On motion of Councilman Gurnee, seconded by Councilman Graham
the following ordinance was introduced. Ordinance No.'593,
an ordinance of the City of San Luis Obispo amending the
Municipal Code to authorize the granting of franchises for the
operation of passenger stages.
.Passed and adopted on the following roll call. vote:
AYES: Councilman Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
6. At this time the City Council held a public hearing on
the removal of poles, overhead wires, and overhead structures
from the area generally bounded by Osos Street, Mill Street,
Santa Rosa Street, and Marsh- Street thus creating Underground
Utility District No: 7.
The City Clerk reported to the Council that all property owners
of record and all renters of property were sent a notice of the
public hearing on the formation of. Underground Utility District
No. 7.
Mayor Schwartz declared the public hearing open.
No one appeared for or against the formation of the district.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman.Gurnee, seconded by Councilman Graham
the following ordinance was introduced. Ordinance No. 592,
an ordinance amending Chapter 4 of Article 8 of the San Luis
Obispo municipal code - Underground Utilities - to create
Underground Utility District No. 7.
Passed and adopted on the following roll call vote
AYES: Councilman Graham, Gurnee, Norris,
and Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
7.
At'this time the City Council held a public hearing on Resolution
No. 2487. A resolution of the Council of the City of San Luis
Obispo finding that a public nuisance might exist on the
premises at 1391 Los Osos Valley Road and ordering a public
hearing concerning same and the abatement thereof.
A. J. Shaw, City Attorney; explained that the hearing would be
held under formal hearing procedures and that the witnesses
would be sworn prior to giving testimony.
Mayor Schwartz declared the public hearing open.
J. H. Fitzpatrick, City,Clerk, certified that he personally posted
the subject property with.:a copy of the resolution setting the
City Council Minutes
August 20, 1973
Page
hearing for this time, and further served on the property owner's
representative a copy of the notice and resolution regarding the
hearing.
Paul Landell, representing the City Engineer's office, was sworn in by
the City Clerk and testified that the violations upon the concerned
premises in the general area of 1391. Los Osos Valley Road consisted
of unauthorized stockpiles of dirt upon the property in violation of
Municipal Code Section 4400.1 (2). The stockpiling had originally been
authorized under a stockpiling permit which had expired approximately
February, 1973, and the property owner had been notified several times
of the continuing violation and asked to correct it.
The problem could be corrected by removal of the 'dirt from the property
or leveling the mounds and compacting the dirt in order to avoid
collection of water during the rainy season.
R. Benzer, property owner sworn in by the City Clerk, stated that when
he took out the stockpile permit from the City, it was his intention
to completely grade and compact the soil for a futur.e..apartment
development but since the stockpile began, the City Council adopted
a moratorium ordinance prohibiting him or other developers from
continuing their plans. He continued that he did not now have a
grading permit as he did not know how his land would develop when the
moratorium was lifted by the City. Further he did not wish to haul
the dirt off the property as he felt he needed it for compaction and
for leveling the site, and he further did not wish to grade and compact
the soil as weeds and other.obnoxi:ous plants would grow there and he
would then again be required to dig down and remove the weeds that he
had just compacted. He urged that the City Council take no action until
the mortorium was lifted and development could proceed.
Councilman Norris stated that if the property owner's statement was true,
he felt that the City was partially, to blame in imposing a moratorium
ordinance which caught some developers in mid- stream in their construction
plans.
Councilman Graham asked if Mr. Benzer would be will ing to clear up the
area, level the soil, and make it better looking. Benner stated that he
could do so but it would be. expensive and he would have to do it again,
and the only advantage would be to the aesthetic view of passers -by.
Councilman Graham asked the City Engineering Department to come up with
some plan that would accomplish a clean -up.of the property and still
would not affect the property owner too much or be too costly.
Councilman Gurnee agreed that the effect of the moratorium on the Benzer
development was to stop development in mid -plan, but he also felt that
the mounds of dirt were an eyesore and a nuisance and that some arrange-
ment should be made by the property owner.
Councilman Norris felt that some change should be made in the ordinance
so as not to penalize a property owner extensively with cost between City
changes or moratoriums.
Mayor Schwartz felt that the mounds on the subject property were.a
nuisance and should be abated and that the Council should require just
a minimum improvement or compaction in order to clean up the area. He
also asked that the Engineer's office try to come up with some solutions
for both the property owner and the City.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the Council
adopted a resolution finding that a public nuisance did exist upon the
premises. However, the Council continued the question of ordering
abatement to the meeting of September 4, 1973, and directed the City
Engineer's office to work with Mr. Benzer'to see . if some mutually
agreeable method for correction of the nuisance could be worked out without
City Council Minutes
August 20, 1973
Page 9
a formal order of abatement.
The.resolution and motion were adopted on the following roll
call vote:
AYES: Councilman Graham, Gurnee, Norris
and Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
(NOTE: See Resolution No. 2503, adopted September 4, 1973.)
8. At this time the City Council held a public hearing on
Resolution No. 2488 (1973 series). A resolution of the Council
of the City of San Luis Obispo finding that a public nuisance
may exist upon the premises at 1192 Foothill Boulevard and
ordering a public hearing concerning same and the abatement
thereof.
J. H. Fitzpatrick, City Clerk certified that he personally
posted the subject property with a copy of the resolution
setting the hearing for this time, and further served on the
property owner's representative a copy of the notice and
resolution regarding the hearing.
Paul: L_a_ndell, representing the City Engineer's Office was sworn
in by the City Clerk and testified that the violations upon
the concerned premises in the area of 1192 Foothill Boulevard
consisted of stockpiling of soil and dirt, which was to be used
for fill for future development. He continued that the
violations still existed even though the stockpiling permit had
expired. Upon question, he suggested that the soil be graded,
the land leveled. and compaction of the soil. He felt this would
be the best method of correcting the problem.
Councilman Gurnee questioned how the City could force the
property owner to be penalized for killing or destroying
several sycamore trees on the site when the dumping took place.
He feels that the property owner should be forced to correct this
error and replant trees destroyed
Councilman Norris urged the C.ity Council to try and decide on
the nuisance and not to get involved in the intention of what
the property owner was doing in damaging or destroying trees.
Alfred Cane, representing the property owner, was sworn in by
-the City Clerk -and stated that as new owners of the property
they were planning on building an addition to their development
of student housing, and they asked that the City Council go
along with their sc hedule as they will clean up the entire
property of all stockpiled dirt which they will need as part of
the site preparation plan. He continued that plans are now out
for construction bids, and they will proceed as rapidly as
possible to take care of this matter.
Mayor Schwartz declared -the public heari.ng closed.
On motion of Councilman Graham, seconded by Councilman Gurnee
the Council adopted a resolution finding that a public nuisance
did exist upon the,premises. However, the;Council continued the
question of ordering abatement of the nuisance pending discussion
between the City Engineer and the property owner to see if a
grading plan would take care of the problem as requested by the
City Council Minutes
August 20, 1973
Page 10
property owner, with a staff report to be submitted at the next
Council meeting on September 4, 1973.
The resolution was adopted on the following roll call vote:
AYES: Councilman Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
(NOTE: See Resolution No. 2488, adopted September 4, 1973.)
9. At this time the City Council considered the introduction
of an ordinance Levying a tar, on all property within the City for the
1973 -74 fiscal year.
R. D. Miller, Administrative Officer, reported that the recommended
tax for 1973 -74 would be $1•.33 due to the fact that the library function
was now being performed by the County with a rate of .17¢ and the City
Council would be levying -:032 for maintenance and future development
of library facilities.
On motion of Councilman Graham, seconded by Councilman Norris the
following ordinance was introduced and passed to print. Ordinance 590,
an ordinance levying a tax1for the current 1973 -74 fiscal year upon all
taxable property within the City of San Luis Obispo and fixing the rate
of such tax.
On the following roll call vote:
AYES: Councilman Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
Mayor Schwartz declared a recess at 9:20 P. M.
9:30 P. M. the City Council reconvened.with all Councilman present.
Councilman Brown absent.
10. The City Council considered the FINAL PASSAGE of ORDINANCE NO.
588. An ordinance of the City of San Luis Obispo amending the Municipal
Code to provide fines for parking violations; particularly involving
loading zones within the City of San Luis Obispo.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman'Gurnee, seconded by Councilman Graham
ORDINANCE NO. 588 was introduced for final passage. On the following
roll call vote:
AYES: Councilman Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
City Council Minutes
August 20, 1973
Page 11
11. At this time City Council considered the introduction
of an ordinance amending the Municipal Code to provide fines for
parking violations. This would amend Section 3213.99, fines for
overtime parking.
Mayor Schwartz declared the public hearing open.
No one appeared for or against the proposed ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham
the following ordinance was introduced. Ordinance No. 591, an
ordinance of the City of San Luis Obispo amending the Municipal
Code to provide fines for parking violations.
Passed to print on the following roll call vote:
AYES: Councilman Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
13. Memorandum from R. A. Paul, Water Director, regarding
a policy on private financing of fire hydrants.
The City Council then discussed with R. A. Paul some of the
elements of the report dealing with the City Council policy and
amendments thereto.
Dennis Wheeler, Contractor, agreed that new developers in new parts
of town should pay for their own fire hydrants, but he disagreed
with the existing policy when new buildings were being built in
the old parts of town which required additional fire flows and
fire protection. He felt that allocating these.costs over an
area of benefit to adjacent developed properties was fairer
than expecting one developer to pickup the entire cost of the
fire hydrant and the necessary piping and mains to supply the
water to the hydrant. He felt the City should pay from the
water customers for this development.
Councilman Graham stated he felt that the City Council had tried
to be fair in developing the hydrant policy. Fair not only to
the developers, but also to the taxpayers and water users of the
City.
Councilman Gurnee stated he felt the City Council has spent many
hours and many hearings devoted to developing a policy that they
are presently working under, and he felt he did not wish to
change the present policy which was fair to everyone.
Councilman Norris stated he felt the City should adopt a policy
of "area of benefit" when requiring installation of fire hydrants.
He felt that if this were,not done in the pre -1942 City area that
' there would never be any upgrading of substandard dwellings as
it was not reasonable for the City to expect private developers
to act as bankers with no opportunity to ever recover their
costs.
Mayor Schwartz stated he felt the City had had a long- standing
policy of requiring developers to install required fire hydrants,
but he continued that many times in the old parts of town the
Council had upzoned the property making the property available
for denser uses. In these cases he did not feel the ' C ' ity Council
should contribute to fire protection as they had already granted
the property owner quite an increase in value in the land itself.
City Council Minutes
August 20, 1973
Page 12
He felt that under recently adopted policy in the pre -1942 areas of the
City the developer could receive refunds for upgrading of the fire and
water systems over a five . year period.
On motion of Councilman Gurnee, seconded by Councilman Graham that the
Water Director's report be received and filed, and that the City Council
continue with the existing adopted policy. Motion carried.
Councilman Norris voting no. Councilman Brown absent.
14. Communication from Councilman T. Keith Gurnee notifying the
City Council that the French Properties planned unit development for
Terrace Hill had expired and that the Planning Commission tad reverted
the property to the R -1 status held by the property before the planned
development was accepted. He continued that since approval of the
planned development proposal by the French Properties on Terrace Hill,
numerous problems of minor slides, massive hillside erosion and visual
blight caused by the extensive grading actions on the hill continue
unresolved. He felt that with the expiration of the planned development,
the City Council should recognize that the proposal was nothing but a
smoke screen designed to mollify the residents into favoring a quarrying
operation in the middle of a residential area for massive fills on the
French Hospital site. Now that the planned development has been rescinded
on the property there is little to prevent a typical R -1 subdivision of
questionable environmental impact from being constructed on Terrace Hill.
He therefore proposes the following:
I. That the Planning Commission initiate rezoning for Terrace
Hill from R -1 to R -IS ten acreas.
2. As part of the proposed zoning scheme the City policy of
refusing water service above 460 elevation should be enforced and that
no development be allowed above that elevation.
3. That the staff investigate those conditions required by
the original development that might be still binding upon the property.
A. Why these conditions had not been enforced to date,
and why these conditions should not be required to be completed in the
near future. For example, paving of the now severely eroded roads_.
4. The staff investigate the possibility of requiring the
property owners to restore and repair the cuts, erosion, and loss'of
vegetation on Terrace Hill.
5. That the City Attorney be directed to study the plan red
development ordinance for future revisions particularly in requiring that
planned unit development status be essentially permanently binding and
not subject to reversion to previous zoning after an arbitrary time period.
R. Young, Planning Director, reviewed for the City Council the planned
unit development for Terrace Hill and listed again the conditions of the
planned development and the subsequent reversal to R -1 lots which included
grading and paving of the streets.
Charles French, Attorney for the Cuesta Valley Developers, explained the
reason for the delay of developing the original planned development which
he felt was partly caused by the environmental legislation not only of the
City but the State'and Federal Government which required much time in
preparing reports for the various agencies. He continued that it was
always their intention to construct the project, but they have been delayed
for some of their other projects .such as the hospital, and he hoped that
the City Council would allow the planned development to continue, as he
was hoping to sell the property to a developer who would develop it in ac-
cordance with the approved plans by the Cuesta owners. Another reason for
allowing the planned development to lapse was that he wished to change the
planned development and felt rather than amend portions of the plan he would
submit a complete new plan. But now that that decision was made, he had
decided to sell the property and hope that the new plan would be under
C
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City Council Minutes
August 20, 1973
Page 13
construction within a year.
Councilman Gurnee felt that due to the complications in
developing,this property he recommended that the hill should
be rezoned to R -I uses with large acreage requir,ements.to avoid
further scarring. He felt the best use of the land was for open
space, if .that were possible.
Councilman Norris felt that he wished Terrace Hill could be
developed in a nice planned development with enough.density
allowed so that •large open spaces could be developed on the..hill.
He also felt that water could be developed at elevation 460 or
higher if properly designed. He was opposed. to the R -1 zoning
as suggested by Councilman Gurnee.
Councilman Graham stated that he would go along with some
development of Terrace Hill, but he felt that the City should
stick to no water to be v
provided over 460.foot elevation..
Mayor Schwartz stated that he was disappointed with the progress
of the approved planned development and also was disappointed
with the lack of hydro - mulching, as was required in the original
agreement, and he felt that the streets should be paved as was
agreed to by the City and the developer. Although, he continued
that he would look to any new proposal by the property ownerior
owners for proper development of Terrace Hill.
It was the consensus of the City Council that the memorandum
from Councilman Gurnee be forwarded to the Planning Commission
for their information, and.that Item No. 3, the staff. investigating
those conditions required of the development that might still.
be binding upon the property,.be. looked into by the City staff
and also that Item No. 4, the staff investigating the possibility
of requiring property owners to restore and repair the cuts also
be looked at with the staff and Mr. French, and that Item No. 5
be referred to the Planning Commission for their study and .
recommendation.
15. Council consideration of the public convenjence and
necessity for installation of curb and gutter.on both sides of;
Pepper Street between Palm and Higuera Streets.
On motion of Mavor Schwartz, seconded by Councilman Gurnee the
following resolution was introduced.. Resolution No. 2497, a
resolution requiring curb; gutter, and driveway ramp improvements
on protions of Pepper Street in the City of San Luis Obispo.
Passed and adopted on the following roll.call.vote.
AYES: Councilman Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
16. Communication from the Promotional Coordinatinq Committee
recommending that the City enter into a contract with the Art
Association for the period July, August, and September, 1973
on the same basis as the May - June, 1973 , support. They recommend
that a sum of $1,185 be set aside from the Committee budget to
pay the salary of one person in order to keep the Art Center open
for longer hours during the tourist season. This employee would
also serve to give out information about San Luis Obispo to
visitors at the Art Center.
On motion of Councilman Gurnee, seconded by Councilman Norris
the request of the Promotional Coordinating Committee was approved,
City Council Minutes
August 20, 1973
Page 14
and $1,135 granted to the Art Association subject to the entering into
a contract between the City and the Art Association. Motion carried.
17. Homer Odom appeared before the City Council on behalf of the
Promotional Coordinating Committee asking why the recommendation of
$1,000 from the Committee to Cuesta Boosters was not accepted and that
only $500 was granted. He fell- that the Cuesta College-boosters were
a new organization in the County and were in dire need of funds to
promote their activities. He felt that they were in more need of the
$1,000 than any support could be given to Cal Poly as Cal Poly'Mustangs
were nationally known and did not need the support to advertise or
promote. He also felt that Cuesta College was a' community college and
that the majority of the students attending were residents of San Luis
Obispo and its environs and he felt that the City taxpayers should
support the community college.
Councilman Gurnee stated he would not consider any change in the prior
contribution, and further he felt that the $500 for both Cuesta and
Cal Poly were too much as a promotional item.
Councilman Norris felt that Cuesta Booster Club should receive more
funds from Citv funds as it is a community college and he is in favor
if an additional $500.
Councilman Graham stated that he felt the City contribution of $500
was fair and unless the County government gave additional money, he
would not support additional funds for the Cuesta Booster Club.
Mayor Schwartz wondered if the Cuesta Boosters had made a request
for funds from other cities in the county, and also the county
government or just to the City. He felt that $500 was fair, and unless
he received additional information from the Promotional Coordinating
Committee, that other cities within the county were supporting the
Cuesta College Boosters he would not vote for additional funds.
Councilman Norris moved that the City Council approve-an additional
$500 for the Cuesta Booster Club. Motion lost for lack of a second.
On motion of Councilman Gurnee, seconded by Councilman Graham that no
additional.funds over the $500 be granted to Cuesta-Boo ster Club.
Motion carried. Councilman Norris voting no.
18. Communication from Hal Bankston representing M. C. Jones
requesting an extension-of time for use of City water outside the City
at the corner of Edna Road and Industrial Way.
R. A. Paul, Water Director, requested that the City Council continue
consideration of this matter until a report could be prepared and
submitted for the City Council's information. The matter was continued
to September 4, 1973 meeting.
19. Paul Landell, City Engineer's Office, presented for Council's
consideration the plans and specifications for the Prefumo Channel
Culvert Modifications at Calle Joaquin, City Plan No. 15 -74. Paul Landell,
City Engineer's Office, explained the scope of the work-, to be accomplished
under this contract and stated that he estimated the cost to be
$11,825.00, this is part of a larger job budgeted under Revenue Sharing,
Capital Improvement Program No. 36.
On motion of Councilman Gurnee, seconded by Councilman Graham the
plans and specifications were approved, and the City Engineer was
authorized to call for bids.
20. City Council at this time considered-the-written report of
George S. Nolte and Associates regarding the feasibility and preliminary
plans for two alternates proposed for the extension 'of Tank Farm Road,
from Edna Road to Orcutt Road. H grade separation of the Southern
Pacific Railroad tracks would be included. The study included a crossing
City Council Minutes
August 20, 1973
Page 15
of three ways; constructing an overpass to carry the street over
the railroad, an underpass to carry the cross street under the
railroads, or by changing the grade of the railroad tracks.
This latter method is practical only where several grade
separations are required in close 'proximity. The report includes
for each alternate appearance, cons.tructi.bili.ty, traffic servi-ce,
service to adjoining lands, estimated construction cost and
other feasibile data to arrive at a recommended design for the
grade separation at this location. After their study, it was
their recommendation that the City put an overpass for
separating the railroad tracks and the extended Tark Farm Road
primarily because it is the least expensive alternate. They
estimated the cost of the overpass to be $77,000, total-cost,
with the State's share to be $224,000 and the City's share
$553,000.00.
Paul Landell, representing the City Eningeer's Office, briefed
the technical portions of the report for the City Council and
explained the studies and the scope of the studies made by
Nolte and Associates.
After discussion with the City Council, Paul Landell recommended
that the City Council accept the report and authorize payment
and that this could be studied further by the City Council as
the development time came closer as to allocation of cost with
adjacent property owners.
On motion of Councilman Graham, seconded by Councilman Gurnee
that the report be. received, .that payment be authorized and
that i:t be referred to the Planning Director and the City Engineer
for consideration at the time of future development with the
'
report back to the City Council for September 17, 1973.
21.. Traffic Committee report of August-9, 1973, 73 -8 -IT,
Judge O'Reilly has asked that the one remaining unrestricted
parking space in front of his residence on Grand .Avenue be
painted red, since on at least two occasions, cars parking there
have been damaged. He also asks that. the curbing be pained red
.for a few feet south of his driveway ramp to discourage cars
from blocking the driveway. The Traffic Committee has no
objection and in fact feels that .these measures would substantially
improve traffic safety at that location. We so recommend.
73 -8 -4T. The Committee has received a request from the Delta
Sigma Phi Fraternity, 244 California Boulevard, for a red zone
south of their driveway on California, similar to the one
recently painted in front of the Cal Park Apartments at 250
California. We feel this would be a good safety measure and
recommend approval of one car length.
73 -8 -5T. It has been called to our attention that there is
presently no stop sign on Capitolio Way entering South Broad
Street. We feel that one is needed now and will be needed more
and more in the future. We recommend that such a sign.be
authorized.
On motion of Councilman Gurnee, seconded by Councilman Graham
the following resolution was introduced...Resolution No. 251.1,
a resolution establishing red zones on Grand Avenue and California
Boulevard, and a stop sign on Capitolio Way.
Passed and adopted on the following roll call vote.
AYES:.. Councilman Graham,-Gurnee; Norris and
Mayor .Schwartz
NOES: None
ABSENT: Councilman Brown
City Counc.i.l Minutes
August 20, 1973
Page 16
Traffic Committee report 73 -8 -2C. The Traffic Committee has.studied
the request of the Chamber of Commerce for an off -site direction
"Motel" sign with right arrow at the northeast corner of Monterey
and Santa Rosa. With two voting members present, there was,a split
vote on the need for such installation.; We therefore present the
matter. to the Council'- jithout recommendation. On the need for re-
pairing or replacing the existing "Motel" sign at'Santa Rosa'and
Olive, we agree that something along this line should be done if the
sign is to be retained. We therefore suggest that the matter ofi
design for this sign.be referred to the Design Review Board, along
with the sign in front of the police station, unless the Council.
objects. After receiving recommendations from the Design Review. Board,
the matter should be referred to the Department of Transportation
for concurrence or rejection, as far as the Olive Street sign is
concerned.
On motion of Councilman Gurnee, seconded by Mayor Schwartz the
recommendation was referred to the Design Review Board for recommendation
to the City Council.
73 -8 -3C. In regard to the Council request for Mr. Romero to study
revised channelization for Murray near Broad, the engineer has come up
with a plan involving the expenditure of $1,300. We feel this is
needed and recommend approval.
On motion of Councilman Gurnee, seconded by.Councilman Graham accept
the recommendation of the Traffic Committee. Motion carried.
73 -8 -6T. The Traffic Committee has discussed the proposed traffic
signal improvements at Santa Rosa and Foothill. -The Council will recall
that the City's share'$18,000, was removed from the budget. However,
later information reported to the Council by David Romero indicated
that the lack of improvements might have an adverse effect on traffic
turning movements at the southeast corner and also on bike lane patterns.
Mr. Romero has also advised that, based on the City's budget deletion,
the State had dropped immediate plans for the improvement.. Mr. Romero
has contacted the State regarding the possible reactivation of the
project. We feel,however, that the Council should observe conditions
as they become more apparent and consider an .even more aggressive
position in urging the State to reactivate the project.
Continued to the September 4, 1973 Council meeting.
73 -8 -7T. The Traffic Committee is receiving continuing reports.about the
impossible traffic problem developing at the intersection of the north-
bound freeway off -ramp and Madonna Road, especially as far as left hand
turning movements are concerned. We_.feel: that the problem is reaching
crisis proportions and request that Mr. Romero be asked to contact the
State to request that they make a study regarding the need for traffic
signals. If they find that signals are warranted, we think we will
have to pay 50% of the cost.
Continued to the September 4, 1973 Council meeting.
73 -8 -8T. Request by Darrell Bennett for red zone in front of 1594
Oceanaire to facilitate right hand turning movements for west -bound
motorists on Madonna Road at that location. We don't.feel there is
really that much of a problem. No action. i .
73 -8 -9T. Items held over:
I. City Council request that committee study traffic problems
in the general vicinity of Broad,.Chorro and Foothill. Mr. Romero is
preparing a comprehensive report on this matter.
City Council Minutes
August 20, 1973
Page 17
2. Request of school district for crossing guard at
Los Osos Valley and Madonna Roads. The entire matter of guards
and their location has been referred to the Police Chief to
work out with the school authorities.
3. Request of a Mrs. Bryant who resides on Lawrence
1 Drive for red zone south of Lawrence on Broad. We would like
to take a look at this in the field.
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4. Request of Chief Rodgers for a street light at
Prado Road and Highway 101.
5. Request of James T. Adair, 92 Rafael, for stop
signs on Luneta at Rafael. We would also like to take a
look at this.
22. On motion of Councilman Gurnee, seconded by Councilman
Norris, Councilman Graham was authorized to leave the state
for the period August 2E, 1973 to September 15, 1973. Motion
carried..
23. Mayor Schwartz declared the meeting adjourned.
APPROVED: October 15, 1973
,/ ZPATRICK, CITY CLERK
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