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