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HomeMy WebLinkAbout10/01/19731 Pledge Roll Call Present City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA October.1, 1973 -.7:00 P.M. City Hall Councilmen John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris, and Mayor Schwartz Present: D. Williamson, Assistant Administrative Officer; J. H. Fitzpatrick, City Clerk; W. Flory, Director of Parks & Recreation; R. D. Miller, Administrative Officer; R. A. Paul, Director-of the Water Depart- ment; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, City.Attorney; R. D. Young, Planning Director C -I. On motion of Councilman Graham, seconded by Councilman Brown the following ordinance was introduced and finally passed. ORDINANCE NO..596. An ordinance of the City of San Luis Obispo imposing a sales tax and use tax to be administered by the State Board of Equal- ization and providing penalties for violations;•and repealing previous sales and use tax ordinances.- Finally passed on the following roll call vote: AYES: Councilmen Brown, Graham,.Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None C -IA. On motion of Councilman Graham, seconded by Councilman Brown the Mayor, Kenneth E. Schwartz, was authorized.to sign on behalf of the City of San Luis Obispo, the agreement for State administration of local sales and use taxes. Motion carried, all ayes. . C -2. The communication from George C: Protopapas, County Engineer regarding Nacimiento Water Supply Project and requesting "Study Session" with City Council was continued to October 8, 1973, Study Session. . . C -3. The City Council then considered the request from Grass Roots.11 regarding a change in their agreement between the City and Grass Roots II, (clause 3, lines I thru 3 of page 2) to be changed to .read "City agrees to pay Association the sum of $800 each month, to be paid on the first regular working day of each month." On motion of Councilman Norris, seconded by Mayor Schwartz that Grass Roots II be paid at the close of each month upon receipt of invoice, showing services rendered. Motion carried. C -4. The memo from D. F. Romero, City Engineer, requesting permis- sion to continue with the survey crew on a part -time basis, working around the survey crew's school hours, was approved. City Council Minutes October.], 1973 Page 2 C -5. The request from William E. Flory, Parks & Recreation Department to advertise for bids on a physical conditioning machine (Universal Gym Gladiator, Stations 1 thru 15) or equal was approved and the City Clerk was authorized to call for bids. C -6. The request from William E. Flory, Director of Parks & Recreation for hiring one groundskeeper was approved for a man to start in mid - October. C -7. The presentation of a change.order to the City -- Brizzolara Creek crossing, construction contract, by R. A. Paul, Water Director, was approved subject to deposit of monies by State. C -o The Council approved the following contract payments: R. Baker Const. Co. Est. #2 $ 1,017.00 water project - Church St. between Garden &.Broad C.P. W73 -2, Sch..IV C.P.,W73 -2, Sch. IV FINAL $ 994.20 R. Baker Const. Co. Est. #1 $33,210.00 water project, Lawton St. between Mitchell & South C.P. W73 -2, Sch. V Bunnell Const. Est. #4 $ 1,366.06 Paint & Sign Shop for City yard C.P. #15 773 R. Burke Const. Est. #2 $ 9,457. 83 Creek Obstruction Removal San Luis Creek, Marsh to Morro C.P. #6 -73 R. Burke Const. Est. #2 $ 3,856.41 Street Resurfacing Project C.P. #21 -73 Est. #3 FINAL $ 5,496.94 Conco General Engineering Est. #1 $ 3,641.85 Minor Storm Drainage Improvements C.P. #25 -73 Chas. A. Pratt Const. Co. Est. #2 $ 890.90 water project. - Peach St. between Morro & Chorro Sts. C.P. W73 -2, Sch. III C.P. W73 -2, Sch. III FINAL .. $ 998.89 Walter Bros. Const. Est. #2 $13,329.00 Madonna Road Culvert Enlargement C.P. #23 -73 Lee Wilson.Electric Co. Est. #3 $16,832.34 Traffic Signal Installation. San Luis Dr. & California Blvd. C.P. #5 -73 City Council Minutes October 1, 1973 Page 3 C =9. The City Council approved the fol.lowing salary step increase: William N. Ramirez - Maintenance Man 1.1 - 'From Step 4 or $750 to Step 5 or $794 C -10. The claim against. the City of San Luis Obispo by Richard A. ' Tartaglia for a collapsed sewer pipe was denied by the City Council and was referred to the insurance carrier.. C -II. The claim against the City of San Luis Obispo by David S. Phillips for damage done to his bike tire when ripped by scattered chips across Chorro was denied by the City Council and referred to the insurance carrier. C -12. The Administrative Officer announced the appointment of Douglas L. Marks as Sewage Plant Operator 1, effective September 16, 1973 at Step I or $636, subject to one -year probation. C -13. The Administrative Officer announced the promotion of Jack Della Bitta from Senior Engineering Aide to Principal Engineering Aide effective October I, 1973, starting at the third step or 2086, subject to one year's probationary period and with recommendation that he be considered for annual advancement within the new range. C -14. The (retaini.ng C -15. The Engineer's wood fence ' and fence" hearing. C -16. The ordered re protest from Mrs. P. Luchessa of abatement order 459 wall) was-continued to a future public hearing. appeal. from Richard 8 Elsie Schmidt regarding the City office request for removal of the "clump of poplar trees, at southerly property line, sewer line, cotton - easter bush along Old Garden Creek was continued to a future public Design Review Board minutes of September II, 1973 were :eived and filed. C -17. The recommendation from D. F. Romero, City Engineer, regard- ing an appeal from Alfred Cane concerning the'date of December I, 1973 for abatement of the fill material at Mustang Village was approved. C -18. The recommendation from D.F. Romero, City Engineer to deny the request for a salt finish of a conventional sidewalk was approved. C -19. Traffic Committee Report of September 25. 1973. 73 -10 -1T The City Engineer submitted recommendations to the Traffic Committee for red zoning in connection with the new traffic signals at the intersection of San Luis Drive and California Boulevard which are about to become operative. He recommended 120 feet of red zone on the easterly side of San Luis Drive (abutting swimming pool) extending southerly from California and 300 feet of red zone on the west side of San Luis Drive extending in the same direction. We feel that the recommended red zoning is necessary and will help to make the signal installation an effective one and recommend ap- proval. 1 On motion of Councilman.Brown, seconded by Councilman Gurnee accept recommendation. Resolution 2515, a resolution of the Council of the City of San Luis Obispo establishing red zones on San Luis Drive and on Southwood Drive. Recommendation accepted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None City Council Minutes October 1, 1973 Page 4 73- 10 -2T. The school district has written the.City September 20, 1973 indicating the school board's intention to accept the City's stand- ing offer to share in the cost of a lighted flashing 25 mph sign at Royal Way and Los Osos Valley Road which would be operative during school hours. Mr. Romero is preparing plans and specifi- cations prior to a call for bids on this installation. The City Council accepted the recommendations of the.Traffic Committee. 73- 10 -3T. The City Engineer has been working with school district re- presentatives on ways and means of streamlining traffic movements of cars and school buses at Laurel Lane and Southwood Drive and making them safer. He has come up with a plan which we endorse providing for several hundred feet of red zone on both sides of Southwood extending in a westerly direction from Laurel Lane and also the painting of a double yellow center stripe for several hundred feet west of Laurel which would provide for two lanes of traffic for eastbound motorists approaching Laurel. We so recommend. The City Council accepted the recommendations of the Traffic Committee. ti- I n -AT The school district has.requested that school bus signs be placed in a portion of the red zones in front of the'Silver City and Creekside mobile home parks. We so• recommend. The City Council accepted the recommendation of the Traffic.Committee. 73- 10 -5T. Negative recommendation: Request by three individuals for four -way stop signs at Laurel Lane and Johnson Avenue. The City Council accepted the recommendation of the Traffic Committee. 73- 10 -6T. Items held over: (a) Petition for corrective action at Carmel and Higuera referred to Department of Transportation for recommendation; (b) Request from Fran Pubins for elimination of some red zoning on north side of .Olive referred to Department of Transportation for recommendation; (c) Request for red zoning on Broad Street north of Lawrence referred to Department of Transportation for recommendation; (d) Request for red painting of cul de sac at end of Monte Vista held over for further study. C -20. R. D. Miller, Administrative Officer announced the promotion of: Ralph Thomas Stewart and Charles Michael Blackburn, effective October 1, 1973, at the 4th Step of $1070 per month, subject to one year's probation. On motion of Councilman Brown, seconded by Councilman Gurnee, the consent items were approved as indicated, motion carried. 1 1 1 City Council Minutes October 1, 1973 Page 5 B -1. The City Council then considered the communication from the City Engineer regarding PREFUMO CHANNEL VEGETATION REMOVAL, City Plan No. 9 -74. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council reject all bids and that staff be authorized to ' advertise for modified project. Motion carried. On motion of Councilman Gurnee, seconded by Councilman Brown the staff was authorized to file an appeal to the ruling of the Fish 8 Game Department on the method of clearing Prefumo Channel. Motion carried. B -2. The City Clerk reported on bids received for REVISION TO PLANTER IN PARKING LOT NO. 1, City Plan No. 8 -74. Bids opened September 19, 1973 at 2:00 P.M. Engineer's estimate $2,900.00 Greenearth Landscape Const. $1,861.64 Atascadero Dennis Landscape Co. $2,331.00 San Luis Obispo Karleskint - Crum, Inc. $2,366.00 San Luis Obispo Walter Bros. Const. Co. $3,081.00 San Luis Obispo ' Ted Watkins $4,192.00 Paso Robles On motion of Councilman Gurnee, seconded by Councilman Brown that the low bid of Greenearth Landscape Construction for $1,861.64 be accepted. Motion carried: B -3. City Clerk's report of bids received for MEADOW PARK, PHASE 111, C.P. #4 -74 Engineer's estimate $44,510.00 Walter Bros. Const. Co. $99,119.00 San Luis Obispo R. D. Miller, Administrative Officer, stated that the bid was almost double the estimate, and that the staff recommended that the bid be rejected and that the project be re- analyzed and re- advertised in two segments, paving in one and playground equipment in the other. On motion of Councilman Gurnee, seconded by Councilman Brown that all bids be rejected and that.staff bring back new proposal for Council consideration. Motion carried. 1 1. At this time the City Council considered the final passage of Ordinance 594, an ordinance of the City of San Luis Obispo, amending the Municipal Code to provide for free standing signs in the R -1; R -2, R -3 and R -0 zones and;to revise certain sign area requirements. Ron Young, Planning Director, reviewed for the City Council the conditions of the ordinance regarding the amendment to the Municipal Code permitting signs in the residential districts. Mayor Schwartz declared the public hearing open. City Council Minutes October 1, 1973 Page 6 No one appeared before the City Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman T. Keith Gurnee, seconded by Councilman Myron Graham, the ordinance was introduced for final passage. Finally passed on the following roll call vote: AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris, and Kenneth E. Schwartz NOES: None ABSENT: None 2. At this time the City Council held a public hearing on the appeal of Jerry Breakstone from a denial by the Planning Commission for a Planned Development, PD 0428, to construct ten condominium single - family homes, on the south side of Luneta Drive between Palomar and Verde Drive extended. R. Young, the Planning Director, presented the recommendations for denial by the Planning Commission as follows: The application was proposing to develop a ten -unit condominium on a 35,000 square foot parcel, presently zones R -1. The general plan indicated low density residential development with a maximum of six units per acre in this area. The subject property, if developed in accordance with the present R -1 zone, would allow five units. The plan proposed provided for a ten foot street yard along Luneta Drive, but the rear of the units being located from ten to th:irty feet to adjacent properties. Under the R -1 standards, a five foot rear yard would be allowed. The planned units would be clustered around a central driveway with a swimming pool and recreation area to the rear of the property. Under the provisions of the environmental impact procedures,•an environmental impact determination was required prior to taking final action on this rezoning application. It was the opinion of the Commission that the density proposed was too high to be compatible with the neighborhood and the difficulty of access to the property would create traffic problems for the surrounding area. The Planning Commission therefore denied the application for a ten -unit condominium development. Mavor Schwartz declared the public hearing open. The City Clerk read a letter from D. J. Koberg, 539 Serrano Drive, San Luis Obispo, who opposed the planned development application for Jerry Breakstone on the basis that it did not fall into the intent of the ordinance for Planned Development construction that the traffic problems would be unsurmountable, that this would be opposing higher density in.the single- family area, and he felt there was too much development in this area at this time for the streets to carry the traffic. Jerry Breakstone, 307 Jefferey Drive, appeared before the City Council on behalf of his appeal of the Planning Commission action. "He stated that the Planning Commission rejected his application as they felt the density was too high and that the project should be reduced by two or three dwellings. He stated that the Planning Commission unanimously approved the concept of the design and the use of the land for clustered condominiums. He stated that he disagreed with the Planning Commission's contention as he felt two or three dlaelIings make no difference on the impact of the project on the traffic or on the neighborhood. He felt that the additional units would make the project economically developable. He felt a reduction in the number of units would make the project impossible. He continued that the ten- family condominiums that he 1 1 1 City Council Minutes October 1, 1973 Page 7 prepared would be of high quality, design and materials. There would be two -car garages in front of each home, private yards in the rear, and a range of floor plans; three and four bedroom developments. Each house would have two and one -half baths, split level and be ringed by trees. There would be a common swim- ming area and the homes would range in the $38,000 to $45,000 class. He stated he was developing these condominiums for families with no rentals. He continued that the land area was in transition due to different types of surrounding houses. He believed that his development would be beneficial due to improved water handling facilities, new fire hydrants, access to the area, new housing close to shopping and Cal Poly, and stated that if he had the ten condominium units approved,he would be in accord with all conditions recommended by the staff. Mrs. Elizabeth Webre, not a resident of San Luis Obispo, but who lives in Los Osos Valley, spoke in support of the Breakstone appeal. She .felt this was a good use of the land by crowding more units on the land and leave more area for open space. She felt that people would rather live in a condominium -type development with recreation as part of the project. Mrs. Elizabeth Kreiger, Los Osos Valley, stated that she too was in support of the development due to the dire need of housing in San Luis Obispo. She stated that she would like to live in San Luis Obispo, but could not find housing to accomodate her family so must live outside in Los Osos Valley. Mr. Paul Landsman spoke in support of the Breakstone appeal as he felt that high density use of the land made maximum use of energy ' and left more space open. William Whinney, 150 Serrano Heights,was opposed to the Breakstone development due to the high density on one small parcel and wished to keep the area in single - family development. Ed Strasser was also opposed to the development due to the high density being developed which was equivalent to twelve units to the acre. He felt the City should protect adjacent single - family dwellings and not increase density and traffic. He felt that the Planning Commission should have required an EIR for the project. Mrs. Frances Brown, 175 Serrano Drive, objected to high density development proposed by Breakstone. She felt the development would generate too much traffic for this area. She felt that park - ina and traffic now are intolerable due to the adjacent student housing. She hoped that the City Council would uphold the Planning Commission's action and protect the single family owners who bought their land in good faith on existing zoning. Mr. Walter Lamberth, Manager of Tropicanna Village, urged the City Council to extend Luneta through to Broad Street. Without this street, he felt that parking and traffic would be intolerable. He felt Breakstone's development should be denied due to high density uses. ' John Ross, Serrano Drive, opposed the development of Breakstone due to high density being proposed in the single - family area. Jim Gates, 125 Serrano Drive, also opposed the development due to high density and the traffic generators. Sandy Robertson, 595 Luneta opposed the Breakstone development due to increased traffic and parking problems that this development would generate when they have an extremely difficult parking and traffic problem at this time. City Council Minutes October 1, 1973 Page 8 Mr. Breakstone, upon question, stated that he planned on removing Eucalyptus trees. How many, he did.not know., but some would have to be removed.in order to make the development work on the small parcel. However, he would replace any trees removed with approved City species. Mavor Schwart2 declared the public hearing closed. Councilman John C. Brown, agreed with the Planning Commissions's findings that the density was too high, and he too disapproved ten units. He felt he could go along.with no more than seven units on this property. He.felt that the density would add too much traffic and parking.problem to an already crowded area. Councilman Myron Graham also felt the density was too high. He felt ten units were too many for the property, but would go along with six or seven units -and felt.that ten units would not allow . for.adequate play area for the tenant's children, if as the developer stated, there were to be three and four bedroom family units. Councilman T. Keith Gurnee, felt the proposal was an interesting.. approach to conservation of land, but he too felt that ten units were too high a density for the neighborhood. -He agreed wi.th.the Planning Commission's recommendations-of six to seven units. He jas also distressed on plans to remove the trees that.had been on this property for quite a while. Councilman Jesse Norris stated that he too would support the Planning Commission's recommendation and deny theiappeal as he.felt that. the density was too high for the area. Mavor Schwartz stated that he would also go along with the balance of the Council and supported the Planning Commission in disapprov- ing the project. On motion of Councilman John C. Brown, seconded by Councilman Jesse Norris, that the appeal be denied due to too high a density iin the planned development.. Motion carried.. AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris and Kenneth E. Schwartz. NOES: None ABSENT: None 3. At this ti, me the City Council held a public.hearing on P.esolut•ion Number.2497. A resolution requiring curb, gutter and driveway ramp improvements on portions of Pepper Street in.the City of San Luis Obispo. The City Clerk read the names of the property owners involved, D. K. Ward, 1355 -65 Palm Street, Pepper Street side, curb, gutter and driveway ramp. M. L. Haggerty, 1368 Higuera Street, Pepper Street side, curb, gutter and driveway ramp. Southern Pacific Company, State Board of Equalization parcels numbers I and 8, curb and gutter only. The City Clerk,J. H. Fitzpatrick, presented a letter received this date from the.Southern Pacific Transportation Company opposing the assessment of their property for.improv.ements on Pepper Street between Palm Street and Higuera Street. They felt that the imposition of the partitions property and the proposed assessment district would not benefit the partiti.oner, Southern Pacific Transportation Company, and would only result.in an additional expense and burden in the operation of its railroad. All the company's property is 1 1 City Council Minutes October 1, 1973 Page 9 situated in an area designated and described as for railroad use. It was therefore, requested that the City Council exclude all of its property within the proposed district in accordance with Section 5300 of the Streets and Highways code. Mayor Schwartz declared the public hearing open. ' Mr. A. J. Shaw, Jr., Citv Attorney, explained that the Southern Pacific Transportation Company was objecting under a state code section of the Streets and Highways Code and was not objecting under the City Ordinance on improvements, and that he would advise the Southern Pacific Transportation Company of the fact that they were objecting on the basis of an entirely different law. Mrs. Haggerty, 1363 Higuera Street appeared before the City Council protesting her inclusion in the district due to the cost involved and the fact that she was not a wealthy woman, but said that if the City really needed the property developed, she would go along it there were some way she could meet the payments rather than a cash advance. Mr. Shaw, City Attorney, explained the City Council's policy on curb, gutter and sidewalk and driveway ramp improvements. Mayor Schwartz declared the public hearing closed. Councilman T. Keith Gurnee stated that he was in support of the assessment and felt that the driveway ramp improvements and curbs and gutters should be ordered installed. ' Councilman Jesse Norris stated that he was in support of the proposal that the curb, gutter and driveway.ramps be installed but that he would be willing to exempt Mrs. Haggerty (Mrs. Lightner) from putting in the curb and gutter at this time. Councilman John C. Brown stated he was in support of this proposal, he felt that curb and gutter was needed on both sides of Pepper Street, and he also felt that Council must be consistent in their improvements. Councilman Myron Graham, was in support of the proposal but would exempt the southerly side of Pepper Street between Monterey and Higuera from assessment. until Pepper Street was completely improved. Mayor Schwartz agreed with Councilman Brown's opinion that the City Council must approach all these matters consistently, but that he would go along with delay on Pepper Street until the street recon- struction is to be made by the City. On motion of Councilman Myron Graham, seconded by Councilman T. Keith Gurnee, the following resolution was introduced: Resolution 2518, a resolution, requiring curb, gutter and driveway ramp improvements on portions of Pepper Street in the City of San Luis Obispo. Passed and adopted in the following roll call vote: AYES NOES ABSENT John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris and Kenneth E. Schwartz None None 4. At this time the City Council held a public hearing on,a Resolution of Intention to establish a parking and business improve- ment area within the downtown section of the City of San Luis Obispo. City Council Minutes October 1, 1973 Page 10 The proposed district was to be established at the request of the Downtown ,Association pursuant to the provisions of the.California Streets and Highways Code, Section 36000 et seq., statutes of 1965, Assembly Bill 103. The district was to be generally bounded by Pismo Street on the East, California Street on the North, Freeway on the West, and the Marsh - Higuera intersection on the south. The purpose of the district would be to add a percentage to the business licenses presently being charged all businesses in the proposed area, and the funds would be used for acquisition, construction, or maintenance of parking facilities that would benefit the district. Decorations of any public places in the district, promotion of any public events, taking place within the district, furnishing of music in any public place in the area, and general promotion of retail trade activities in the area. Some of the suggested percentage increases on the business license would be retail sales 100% increase on the business license fee, professions and vocations a 50% business license increase and all other businesses 50 %. A. J. Shaw, Jr., City Attorney, reviewed for the City Council the provision of Slate law regarding the initiating of a parking and business improvement district under these code sections. Mayor Schwartz declared the public hearing open. R. A. Silver President of the Downtown Association, appeared before the City Council and stated that the DTA Board of Directors was re- questing that the City Council form an improvement district according to State law. It was the belief of the Board of Directors that the formation of such a district would further the growth and properity of the licensed businesses within the core area district as outlined in the proposed resolution. He continued that he felt that through the formation of this district, it would be the only way that the downtown area could survive in face of proposed shopping center ex- pansion. He felt that the downtown businessmen were in trouble and that the only unifying way to raise funds to save the downtown area would be through such a district. He stated that the Downtown Association prepared a detailed brochure which would be sent out to all the licensees in the proposed area explaining the benefits that the new district would bring to them. He asked the City Council if these brochures could be mailed with the official notices required to be sent out by the City Council. Homer Odom, D.T.A. was in support of forming the downtown improvement district which he felt would allow growth within the City and promote San Luis Obispo to people outside the City who would then come and shop in a fine downtown. He felt that this district with its fund- raising ability should be formed in order to promote downtown as a viable merchandising area. Gary Lyle, Downtown Assocation, stated that he too was in support of the parking and business improvement district in order to allow businesses in San Luis Obispo to grow and raise funds to advertise and bring in out -of -town customers to shop. Jerry Caylor, Premier Music Store, stated that he opposed the form- ation of a business improvement district by using tax money or forced collection of funds through business license. He felt that whoever wanted to go into this type of promotion should do so on a volunteer basis and not be forced to pay higher license fees. 1 1 City Council Minutes October 1, 1973 Page 11 Mrs. Thelma Copeland, Copeland Stores, was also opposed to the proposal to form a parking and business improvement district. She felt that funds should be collected on a volunteer basis for those who wish to take part in promoting downtown, and that they not be forced to double their business license to promote sales and music in the downtown San Luis Obispo area. She stated she would rather be billed on a project -by- project basis rather than be required to have her business license increased. She was also opposed to the use of these funds, a great share of which would be used for: staff, office space -and the usualoverhead. John Escalen, 1212 Garden Street, questioned the word "Improvement." He felt this should include physical improvement and not just music and advertising. He felt downtown San Luis Obispo needed some physical improvement. Charlie Maino stated that he supported the promotion of San Luis Obispo's business district but he was opposed to adding the cost of promotion to the license of the individual business. Mr. Warnes was opposed to the formation of the parking and business improve- ment district which meant funds based on an increase in business license fees. He felt that each merchant should voluntarily pay his own way on a group program. Rudy Silva, President D.T.A. again reviewed the purpose and intent of the proposal to form a parking and business improvement district for the greater downtown San Luis Obispo area. W. Miller, Woodside Drive, did not feel that the proposal was well thought out, felt the existing downtown area was interesting, but felt that the Downtown Association brochure was a fast, honky -tonk type of promotion. Charles Bove, represented Pennyys San Luis Obispo, supported the formation of a business improvement district in.order to improve and strengthen the downtown shopping area of San Luis Obispo. He felt that further study was needed to sell this proposal to the merchants of downtown San Luis Obispo before it was brought to the City Council for presentation. Mavor Schwartz declared the public hearing closed. Councilman John C. Brown felt that the proposal should be continued to one more informational hearing so that the merchants involved could get more information to their fellow businessmen. Councilman Myron Graham agreed to continue the matter to one more informational hearing in order to allow additional information to be put out and a larger response come to the City Council. He also felt that a petition signed by the businessmen in support and those opposed would be beneficial to the City Council. Councilman T. Keith Gurnee felt that the Downtown Association should carry out a more energetic educational program in order to get better consensus of the property owners and business people of San ' Luis Obispo. Councilman Jesse Norris stated that he supported the formation of the district and would like to go before formal hearing in order to get it settled, but that he would go along with an informal hearing if that was what the majority desired. Mayor Schwartz agreed with the formation of the district, but felt a further informational hearing would benefit all people involved. City Council Minutes October 1, 1973 Page 12 On motion of Councilman Jesse E. Norris, seconded by Councilman John C. Brown, that a formal public hearing be set for November 26, 1973 with all property owners to be notified.in accordance with State law. Motion carried. AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris, and Kenneth E. Schwartz , NOES: None ABSENT: None Mavor Schwartz declared a recess at IO:IO.P.M. 10:20 P.M. the meeting reconvened with all Councilmen present. 5. At this time the City Council held a public hearing to hear protests to the 1973 Weed Abatement Program for the period ending September 15, 1973. The City Clerk reported that up to the 9:00 P.M. deadline, no written protest had been received to the 1973 Weed Abatement Program. Mavor Schwartz declared the public hearing open. No one appeared before the City Council in opposition or objection to the Weed Abatement. Mavor Schwartz declared the public hearing closed. The order was received and filed. o. At this time the City Council held a public hearing on a recommendation from the Planning Commission to amend the Zoning Ordinance to allow private clubs and lodges in all zones except the M -R (Research Manufacturing) zone. R. Young, Planning Director, presented the recommendation of the Planning Commission to the City Council. He stated that the Planning Commission reported that the zoning ordinance presently listed community centers, lodges and clubs as permitted in the R -3, R -4 and R -C Zones. The R -3 and R -4 zones are obsolete carry -over zones which would eventually be phased out of the ordinance. The phasing out of the R -3 and R -4 zones would leave only the R -C zone permit- ting the above uses. That is, community centers, lodges and clubs. The R -C zone was basically designed as a highway - oriented, commercial district and its application had been and should continue to be limited to areas adjacent to or in close proximity to freeway inter- changes. The Planning Commission had received two requests that the ordinance be amended to allow lodges., clubs and private meeting halls in all residential zones, and also in the M zone. The Planning Commission was of the opinion that the Ordinance should be amended to allow private, non - profit clubs and lodges with a use permit in any zoning district upon the finding of the Commission that the pro- posed location would not be detr.imental to the surrounding neighbor- hood or public welfare. It was also agreed that specific standards of development and criteria should be developed which can be used for reviewing future applications for such use. He then submitted to the City Council the various amendments to the sections of the Municipal Code including definitions. Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed Zoning Amendment. Mavor Schwartz declared the public hearing closed. City Council Minutes October 1, 1973 Page 13 On motion of Mayor Schwartz, seconded by Councilman T. Keith Gurnee, the following ordinance was introduced and passed to print: Ordinance 599, an ordinance of the City of San Luis Obispo amending the zoning ordinance to permit non - profit private clubs and lodges in all zones except M -R subject to use permit and defining private clubs and lodges. AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris, and Kenneth E. Schwartz NOES: None ABSENT:' None 7. At this time the City Council considered the adoption of an Emergency Ordinance relating to the automatic sending of telephone messages to the Police Department. The Ordinance would add section 4227 to the Municipal Code. A. J. Shaw, C.itv Attornev, explained that the reason for considering this ordinance at this time, was that people in San Luis Obispo were purchasing automatic devices that initiate a telephone call to the Police Station if there was a disturbance in the house or if a rob- bery or burglary were in progress. Also, some of the devices had smoke sensing equipment that would call the Fire Department. The purpose for the ordinance would be to prohibit that type of device using the Police or Fire Department telephone numbers because once the telephone unit was activated, it continued to send calls to the Police and /or Fire Department which would tie up their lines until someone could get out to the house and reset the equipment. The Police and Fire Department were afraid that if many of these devices were installed in San Luis Obispo, it would keep the real emergency calls from getting through to the Emergency Services because of false alarms and things of this nature. On motion of Councilman John C. Brown, seconded by Councilman T. Keith Gurnee, the - following ordinance was introduced as an Emergency Ordinance: Ordinance Number 597, an emergency ordinance of the City of San Luis Obispo relating to the automatic sending of telephone messages to the Police Department or Fire Department. Passed and adopted on the following roll call vote: AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris and Kenneth E. Schwartz NOES: None ABSENT: None 8. Dave Williamson,' Assistant Administrative Officer, submitted a lengthy report entitled Survey of Flood Control Districts in California. He reviewed for the City Council in his report the various types of flood control districts or organizations that can be developed within the City and County or City alone for flood control purposes. 1 Clint Milne, Assistant County Engineer, also reviewed for the City Council, a proposal for possible agreement between the City and County for the formation of a flood control zone in the San Luis Creek drainage basin. He stated that as an engineer he took offense to Councilman Gurnee's report with reference to engineering solutions. He felt that there were many ways to solve flood problems without building a concrete aquaduct. He also reviewed for the Council the steps it tool: and the time involved in having the corp of engineers prepare a project from study to completed project. He concluded his City Council Minutes October 1, 1973 Page 14 comments by saying that the staff of the county wished to work with the City in preventing damage from future storms. He also stated that San Luis Creek, Prefumo Creek and Stenner Creek had been cleaned once by contract forces and now again by County employees. Councilman Gurnee submitted a report to the City Council on Flood Control District Formation and Major Hydrology Study for the City of San Luis Obispo. He recommended: (1) That the City Council endorse the proposed resolution included with his memo to the Board of Super- visors with the City's latest Joint Powers Agreement to the County Board of Supervisors for their consideration before or during the proceedings on the hearing on the Intention to Form a Flood Control 'one as a condition to City endorsement of such a zone. (2) That the City Council direct the staff and the Waterways Planning Board to determine the desired scope of a major comprehensive water shed hydrology study, in- vestigate as to private consultants that were capable of performing such a study, and then solicit the proposals of such consultants for the purpose of hiring a qualified private consultant to perform a major water shed hydrology study as rapidly as possible. (3) That the staff in anticipation of an unfavorable response by the County, to the City Council resolution and Joint Powers Agreement investigate all avenues for the establishment of a special regional water shed flood control district built around the task force concept to be administered by a coalition of local government officials and citizens through legislation established by the State Legislature. Councilman John C. Brown felt that a joint management scheme for joint control and operation of the flood control zone was the answer for both the City and the County. He also felt that the City Council should explore alternate proposals to formation of flood control zones or districts, as this is a most important decision before the people of San Luis Obispo. Clint Milne had told him that as a County Staff Member he had recommended to the Board of Supervisors that they keep the management of the flood control zone in their hands, and not share it with the City Council or any other entity. He felt that this recommendation was made in order to avoid setting a precedent to have joint power agreements with every political group or agency in the county. Councilman T. Keith Gurnee again recommended that the City Council adopt his resolution for a Joint Powers Agreement and forward it to the County Board of Supervisors for adoption. Mayor Schwartz stated that he was willing to have the City give up their rights to veto projects in the county area which might make a difference to acceptance by the Supervisors of their proposed Joint Powers Agreement. Councilman Jesse E. Norris felt that he would support the concept of a Joint Powers Agreement with the County. He would not support the legislative route for a separate flood control zone for the City. Councilman T. Keith Gurnee stated that he would not support the elimination of the City's veto power over County projects. Supervisor Kupper felt that the proposal of the Mayor would be acceptable to the rest of the Board of Supervisors in removing the City Council Minutes October 1, 1973 Page 15 City's veto power over projects in the County area. The City Council continued discussion with the representatives of the County of San Luis Obispo regarding the best approach to get a flood con- trol zone developed and in operation and yet giving input and some management to the City representatives. ' City Attorney A. J. Shaw, Jr. was asked to bring back a revised Joint Powers Agreement for the Council's consideration to an adjourned meeting to be held Wednesday, October 3, 1973, at 12:10 P.M. S -C. UNCOLA (United Citizens o,c: Laguna Lake area) presented a report to the City Council of a result of a meeting held by their organization regarding flood control problems affecting their area. At the meeting, the major consensus of concern was expressed regard- ing the restoration of Prefumo Creek inlet with its appurtenances, and the City's progress on the third barrel and channel widening of the Prefumo Creek Outlet toward U.S. 101. A further concern of the UNCOLA 0rgani2ation-was the feasibility of dredging portions of Laguna Lake that silted up after the January, 1973 flood. The area of particular concern was the Prefumo Creek inlet from Los Osos Valley Road to Laguna Lake. This area had been completely filled with silt and debris, and they felt it should be cleaned out before any serious rains start in San Luis Obispo. The matter was continued for further discussion of flood control in the Laguna Lake area. 9. The communication from Hilda J. Roza regarding the flood problems of several years, with an enclosed check for $1,000 "to get the ball rolling ", was continued to the adjourned meeting of October 3, 1973. 10. Communication from A. Lee Gilbert, 1215 Pismo Street, stat- ing that he had received a notice to abate drainage channel obstructions (a eucalyptus tree stump and two smaller trees). He stated he had felled the trees, stripped the branches and cut the trees into sections ranging from two to five feet in length, but as these logs were quite heavy, he had been unable to remove them from the stream bed and was asking assistance from the City to provide a boom truck or some other device to remove the logs. The City Council approved the re- quest and authorized the City Engineer to help in any way possible. 11. Communication from Charles E. French regarding the paving requirement imposed as a condition of obtaining the grading permit for removing dirt from Terrace Hill was continued to the City Council meeting of October 3, 1973. 12. Memorandum from R. A. Paul, Water Department Director, regarding Quarterly Projects Priority List, Council Resolution No. 2435 (1973 Series) was continued to the adjourned meeting of October 3, 1973. 13. Information regarding change orders to the Garden Homes water main construction project, from R. A. Paul, Water Director, was continued to the adjourned meeting of October 3, 1973. 15. Staff comments on Nolte Report entitled, "Tank Farm Road Extension, Feasibility and-Geometric Study:' -was continued to a future meeting. 16. Memorandum from D. F. Romero, City.Engineer, regarding alternate plans for widening at the Bilodeau residence on Johnson Avenue. He stated that the City Council had narrowed the choices for developing this property to two plans. Plan A called for a tall retaining wall and widening of the street to provide for a parking lane, and implied removal of several trees. Plan F, which called for no additional acquisition of right -of -way for the street,' City Council Minutes October 1, 1973 Page 16 shorter retaining wall, less removal of trees and no parking pro- vided in front of the Bilodeau property. He continued that he had been directed by the City Council to present these alternates to Mrs. Bilodeau for her review and comment. She indicated that she continued to have strong opposition to alternate A which involved substantial removal of vegetation and trees, but that she would not oppose alternate F on the condition that the City bear the entire cost of the improvement. City Engineer D. F. Romero, stated that in considering the very strong feelings of the property owner, the destruction of the trees and vegetation and the lack of present need for parking either now or in the future at this location, he felt that this would be the best compromise for the City to proceed with Plan F, as favored by the property owner. In regards to sharing the cost of improvements, it was the City Engineer's feeling that all property owners would be responsible for the curb, gutter and side- walk in front of their residences. If the City was to consider bearing the cost of a retaining wall, he felt that a new precedent would be set whereby the City would bear this cost in all similar circumstances throughout the community. The City Engineer felt this would create an excessive burden on the general taxpayers, and he recommended that the City Council not absorb the cost of curb, gutter, sidewalk or retaining wall improvement on the Bilodeau property. I The Mayor appointed Councilman Brown and Graham to meet with Mrs. Bilodeau to review the City Engineer's comments. 17. The City Council held a further discussion regarding their decision to install a red zone on Mill Street at Santa Rosa Street, next to the former Santa Rosa market. Mrs. Alice Parks Nelson submitted a letter asking that the City not extend the red zone but place a less restricted green zone so that the property could be used and there would not be any future need for large truck parking as the grocery store no longer existed. The matter was continued to the October 10, 1973 study session and referred to the Traffic Committee for report and recommendation. lo. On the request of Councilman Myron Graham, as to what the final determination was on the request of the downtown merchants for foot patrol by Police Officers on Thursday night, Richard D. Miller, Administrative Officer, and Police Chief Ervin L. Rodgers reported that without additional staff it would be impossible to continue afoot patrol and still maintain their normal patrol activities. Councilman John C. Brown asked that the Downtown Association be notified of the City's decision. 19. Communication from Mrs. Jim Dovey, Jr., President:of League of Women Voters urging the Council to officially adopt a position in opposition to Proposition I, the Tax and Expenditure Limitations Initiative was continued to the adjourned meeting of October 3, 1973 20. Communication from Helen Putnam, Mayor, City of Petaluma, requesting financial support ($250) for their City was continued to the meeting of November 5, 1973, so that the City Council could discuss with other council members their actions on this request of the City of Petaluma. Ii L 1 City Council Minutes October 1, 1973 Page 17 21. The City Engineer, D. F. Romero, presented plans and speci- fications for the Prefumo Channel Vegetation Removal, City Plan Number 9 -74, cost estimate $3,800.00, part of a larger revenue shar- ing project, capital improvement project number 3B. These plans and specifications met the conditions established by the Fish and Game Commission. The plans and specifications were again approved and the City Engineer was authorized to go to bid. 22. The City Council adjourned to Executive session. 23. The City Council adjourned to Wednesday, October 3, 1973, 12:10 P.M. APPROVED: January 21, 1974 H. FI ZPATRICK., CITY CLERK 1