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03/04/1974MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA March 4, 1974 - 7:00 P.M. City Hall Pledge Roll Call Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris and Mayor Schwartz Absent: None City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; A. J. Shaw, Jr., City Attorney; D. Williamson, Assistant Administrative Officer; W. Flory, Parks Department Director; R. A. Paul, Water Department Director; E. L. Rodgers, Police Chief; D. Romero, City Engineer.and L. Schlobohm, Fire Chief. I. At this time the City Council held a public hearing on the recommendation of the City Traffic Committee to restrict parking on the west side of Los Osos Valley Road from Madonna Road to the northerly city limitc D. F. Romero, City Engineer, presented a map showing the proposal under consideration by the City Council at the public hearing which was a plan to prohibit parking on the west side of Los Osos Valley Road from the northerly city limits to Madonna Road for the installation of a bicycle lane. Mayor Schwartz declared the public hearing open. Lew Weigold, Realtor, was opposed to the proposed parking ban on Los Osos Valley Road as he felt that without curb parking in front of his business, he would lose business as patrons would not park somewhere else and walk back to his office. He asked the City Council not to cause any further damage to the business by prohibiting parking. Mrs. Hagerman, manager of Irish Hill Apartments, was opposed to the pro- posal as she felt it would hurt her present tenants and prospective tenants would not rent in the area. She continued that.the parking lot at the apartment house was adequate for tenant parking, but that guests were asked to park outside at the curb so that the parking lot could be used by the tenants. She suggested that parking be allowed at the curb with a bike Ii.ne or lane to be installed between the driving lane and the parking lane. At a Councilman's request, D. F. Romero, City Engineer, then showed a sketch of Plan B, which would allow parking at the curb, a bike lane, and the travel lanes. Judy McGlasson, 1545 Los Osos Valley Road, was opposed to the proposed parking ban as she felt that the Council's proposal would cause her loss of business. Mayor Schwartz declared the public hearing closed. City Council Minutes March 4, 1974 Page 2 Councii•.man Gurnee spoke in favor of the Council's proposal to ban park- ing at the curb and install a bicycle lane. He felt that this was the first time the City Council had an opportunity on a major thoroughfare to install bike paths prior to development of the property adjacent to the street. Councilman Norris stated that he had been phoned by Aime LaLande, a pro- ' perty owner who was opposed to the parking ban as suggested by the City Council as he felt it would cause a loss to his property values by taking away the parking. Councilman Norris stated that at the prior meeting he indicated he would support Plan B, which would allow both the bike lane and the parking lane adjacent to the west side of Los Osos Valley Road. Councilman Brown stated that he felt the ban on parking on Los Osos Val- ley Road was a foregone conclusion and would be required in the long run as traffic increased on this major thoroughfare from the coastal commun- ities. He suggested that possibly a parking ban could be placed on a time schedule with parking allowed at certain times of the day. Councilman Graham stated that he still supported Plan B which would al- low curb parking with a bike lane next to the parking lane. Mayor Schwartz stated that he was in support of Plan A which would Pro- hibit curb parking on Los Osos Valley Road as he felt this was to be a major access road for the City and should be protected and bike paths implemented at this time. On motion of Gurnee, seconded by Schwartz, that the C-ity install a bike I Path on the west side of Los Osos Valoy Road and prohibit parking from the City limit line to Madonna Road. Motion lost on the following roll call vote: AYES: Gurnee, Schwartz NOES: Brown, Graham, Norris On motion of Brown, seconded by Norris that the City Council adopt Plan B modified with two -hour parking allowed in front of the apartment houses and the office on Los.Osos Valley Road . A.J. Shaw, City Attorney; felt that the City Council proposal Plan B would_ make the City more liable for possible injury to cyclists using the west side of Los Osos Valley Road due to the requirement of having the bike lane moving in and out from the curb area to the street area in order to permit parking, in front of specific parcels. He suggested that possibly the bike path could be 10 feet wide, which would allow parking adjacent to the curb and still allow 2 or 3 feet for a bike lane. He mentioned that this was a way the problem appeared to have been solved in the City of Davis, which was quite strong on bikeway systems. Mayor Schwartz suggested that the Council adopt Plan A, which was the bike path adjacent to the curb from Descanso to Oceanaire Drive and the balance to Plan B where the development had been completed. The Council and staff could then study other alternatives to this plan. Councilman Brown and Norris withdrew their motion adopting Plan B modified, and the Council asked the staff. to look into the City of Davis -type bike lane for future report to the City Council. City Council Minutes March 4, 1974 Page 3 2. City Council considered the final 'passage of Ordinance No...607_ an ordinance of the City of San Luis Obispo deleting the requirement of the Municipal Code that the rear of taxicabs display the name of the cab company. r Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed or- dinance change. Mavor Schwartz declared the public hearing closed. On motion of Norris, seconded by Gurnee the ordinance was finally passed on the following roll call vote: AYES: All NOES: None ABSENT: None 3. The City Council considered the final passage of Ordinance No. 6081, an ordinance of the City of San Luis Obispo, amending the Municipal Code to require a plumbing permit for the construction of wells, establishing standards therefor, and declaring wells in violation thereof to be public nuisances. Mayor Schwartz declared the public hearing open. 'No one appeared before the City Council for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Gurnee, seconded by Graham, the ordinance was introduced for final passage. Finally passed on the following roll call vote: AYES: All NOES: None ABSENT: None 4. At this time the City Council considered the final passage of Ordinance No. 604, an ordinance of the City of San Luis Obispo adding pro- visions to the Municipal Code prohibiting approval of real property divisions, zoning changes, annexations, use permits, and building permits prior to departmental determination in writing that City facilities could accomodate the increased burden resulting therefrom and providing a mandatory procedure for planning commission and Council review and correction of said deficiencies. A.J. Shaw, City Attorney, reviewed the ordinance section by section for the City Council, to include determination required by department heads, report to the Planning Commission, review by the Planning Commission, review by ' the City Council, and exemptions to the ordinance. Also the requirement that the City Council adopt criteria and standards for departmental use in making the determinations required by the ordinance. The City Attorney continued that there had apparently been wide concern that the proposed •facility Ordinance No. 604 would render the City unable to act if an overzealous or fearful department head failed or refused to file the written determination required of him by the ordinance. If the ordinance did, in fact, thus delegate such unlimited and undefined power City Council Minutes March 4, 1974 Page 4 to an individual, the City Attorney felt that the ordinance would be illegal and void from several standpoints. However, he stated that the timely review procedure set forth in the ordinance sufficiently protected the ordinance from any challenge of its legality based upon unlawful delegation of authority. He then reviewed several sections of the City Charter which granted the City Council power to act in the name of the City, although, he warned, the City Council that neither the City Charter nor the proposed ordinance permitted the City Council to take arbitrary, capricious, discriminatory, or unreasonable and un- lawful actions. David Williamson , Assistant Administrative Officer, reported to the City Council that since the meeting of February 19, the City staff had accomplished the following with regard to the compilation of standards into an easily understood format. A) He had forwarded sewer and water standards to John Carollo and Associates, consulting engineers for an evaluation of the City standards relative to current practices in other communities and for their comprehensiveness. B) The City had hired a part -time, experienced technical writer to organize the information into a format that could be under - sfood by the public. He continued that as of this date, the technical writer indicated it would take approximately 2 weeks to write and pre- pare the format in a usable manner. He continued that he felt that there was further need for the staff to see how the ordinance would work and how they were to arrive at their decision on facilities. He felt that it would take about three months to get an adequate flow report on sewer alone, and therefor he felt that more time was needed to develop criteria for determining over - burdened facilities. He explained problems involved in each City department in attempting to define standards for facilities so that an adequate report on public facilities could be given to the citizens. Further, he felt that at this time there were few procedures within the City to make determinations required by Ordinance No. 604. Mayor Schwartz stated before he opened the meeting to the public hearing, that the City Council could take any one of the following actions: 1) Adopt the ordinance subject to future adoption of standards and criteria; 2) Not adopt the ordinance and junk the proposal; or 3) Modify the proposal based on evidence presented at the public hearing. Mavor Schwartz declared the public hearing open. Clayton E. Clement, Attorney representing the Citizens for Environmental Balance and Economic Stability (CEBES), and the San Luis Obispo County Building Contractor's Association, stated that he felt the proposed or- dinance of the City of San Luis Obispo, while technically being legal, only looked at one half of the problem of over - burdened facilities, which was to list the deficiencies which could and would prohibit development, if any of the criteria or standards which had not, as yet, been adopted could not be approved by the department head concerned. He felt the ordinance is lacking provisions for the City to update or make the necessary improvements in order to alleviate the deficiencies. City Council Minutes March 4, 1974 Page 5 He felt some of the problems of the ordinance relating to the criteria used by department heads and the delegation to the department heads of the City's Council power and duty to make decisions and plans for future City facilities. He felt that the main lack of information available involved the City's failure to comply with its obligation to plan for and provide municipal service necessary for community growth. He sub- mitted for the Council's consideration, an amendment to Ordinance 604 which would add section 2800.6 as follows: "In applying this ordinance and in considering applications pursuant to the ordinance, the Council should be guided by the following principals which the Council hereby adopts as a statement of policy. The Council shall implement by ordinance resolution or otherwise, the following principles: A) The City has a duty to adequately plan for and construct the facilities described in Section 2800 on a scale necessary to serve the needs of the City's residents, both present and future. B) It is the duty of the City to correct any deficiency in ex- isting services and facilities which are determined to be inade- quate by any department head making a determination under Section 2800. C) In connection with the City's duty to plan and construct pub- lic facilities described in sub - paragraphs A and B, the City shall embark upon a capital improvement program to plan and con- struct necessary public facilities for the City's future needs. ' D) The cost of services which are either used and insured by the City as a whole or for which benefit-a portion of the City's residents larger than the population generated by development or construction being applied for shall be borne by either the City as a whole or by that portion of the City's residents deriving a benefit from the services. E) No application for development or construction as defined in Section 2800 shall be conditioned upon exactions in whatever form which are not reasonably related to the needs generated by the benefits conferred by the proposed development. F) In making the determination required in Section 2800, each department head shall make a specific finding as to : 1) the precise effect of the proposed development on the relevant facility; 2) the degree to which temporary alternative measures such as rationing can be used to accomodate the proposed development until such time as the anticipated deficiencies would be corrected; 3) the extent to which corrections ot any deficiencies would benefit portions of the City's population beyond the development proposed and the identity of others benefited; 4) the extent and nature of planned additions to the facility involved. This finding shall detail the antici- pated capacity of the planned addition to absorb new popu- lation. The anticipated date of completion, the projected cost and shall state whether the necessary public and govern- mental agency approvals have been obtained." City Council Minutes March 4, 1974 Page 6 Clayton Clements concluded by stating that he felt the City was not doing a fair job for the citizens of San Luis Obispo in that they were not adopting adequate criteria and standards clearly defined before adopting the ordinance which controlled development. He felt the Council was not making provisdons to make the necessary improvements I to the public facilities operated by the City. Fred Strong, Director of Citizens for Environmental Balance and Eco- nomic Stability, submitted a statement for Council consideration stating that the CEBES fully agreed that the basic problem of pro- viding adequate service for the present and future residents of the City should be solved as quickly as 'possible with minimum disruption to or inconvenience for residents and business interests of the area. They also agreed with the concept underlying the proposed Ordinance No. 604 and they would support the ordinance if properly amended and implemented. He felt the ordinance itself could not validly be sep- arated from the criteria to be applied in administering the ordinance. He felt that if the City established prerequisites for criteria at levels more appropriate for long -range goals, they did a disservice to the City. If they proposed service levels above present levels of actual service for the benefit of the entire community and then hand the bill to only one segment of the community, he felt that would be a gross injustice to the new developers. He also spoke in support of the amendment to Sec- tion 2800.6 as submitted by Mr. Clement, the attorney. He concluded his statement after review of per capita standards of the number of California cities by stating that Ordinance 604 proposed was overly sim- plistic and open to serious abuses in implementation. He felt the amend- ment proposed for the ordinance could be modified so that it would guarantee a reasonable degree of equity in its application. He suggested that a , citizens' task force in the meantime could assess the community's de- sire, ability and willingness to pay for those desires in the area of standards of service and facilities. He felt such a task force could evolve into an action group which would spearhead practical actions to provide the public support necessary to implement positive steps to a- chieve the elimination of existing deficiencies and initiate a program to move toward desired goals. He felt that as a city, we were faced with problems and that as a united community, these problems could be solved without putting one neighborhood against the other or one in- terest group against another. He felt the proposed amendment and the subsequent adoption of the ordinance with 'proper standards and criteria would be a reasonable first step toward an equitable and reasonable so- lution to the problem of overburdened facilities. Mrs. Huahs, secretary /manager San Luis Obispo County Building Contractor's Association, felt that her association was not opposed in principle to Ordinance No. 604, but she stated that the organization felt the ordinance must be rewritten in order to make a document that was workable and viable to the citizens of San Luis Obispo, She also felt that the City Council must come up with both a plan and the finances necessary to eliminate de- ficiencies in public facilities that served San Luis Obispo. It was her feeling that if the ordinance was passed as presently written, it would force a number of builders and the attendant workmen to leave the City of San Luis Obisop as it was their feeling that construction would come to a standstill. She concluded her remarks stating that her organization also ' supported the amendment presented by CEBES. Dennis Wheeler, building contractor, stated that he felt in his own mind that Ordinance No. 604 was without a doubt a no- growth ordinance for the City. He felt that adding this additional burden to permit procedures was just another attempt to hold up and hassle a builder or developer with further costly delays in attempting to build or develop in the City. City Council Minutes March 4, 1974 Page 7 He further stated that these procedures would without a doubt increase the cost of improvements and that tents would go up and building would prac- tically come to a standstill. He wished to remind the City Council it was not the builder or contractor who paid the extra cost, but the person who 1 was the ultimate purchaser of the dwelling. He felt that all this ordinance would do was force the people in construction to move out of the City to live and work. He also felt that this ordinance would force development of housing outside the City which was the only place that construction would be allowed in the area as this City Council was determined to stop construction. He urged the Council to forget this ordinance and move ahead with good planning and also to spend some money on improving the City's public facilities. John Thompson, life -long resident of the City of San Luis Obispo, was op- posed to the provisions of Ordinance 604 as he felt the ordinance would stop new construction and would not allow new businesses to come to town and prepare jobs for their children and he felt that ultimately everyone except people connected with the college as students or on the staff would be forced to leave town. He felt that this was a wrong action by the City Council. Bob Neal stated that he was opposed to the adoption of Ordinance 604 as it was not good for the citizens or the City of San Luis Obispo. Mrs. Barger, senior citizen, was opposed to the adoption of Ordinance 604 as she .felt it was just one further action to stop development in the City. Jim Sundland, contractor, stated that he was opposed to the adoption of Ordinance 604 as he felt it would just add additional cost to building, which was practically being prohibited at this time within the City. Roger Brown, contractor developer, stated that he was opposed to this or- dinance and that he felt that.if the Council was determined to proceed they should include the amendments presented by CEBES. Ed Halliday, construction worker, stated he was vehemently opposed to the provisions of Ordinance 604 and hoped the council would junk it. Gerard Parsons, property owner- businessman, opposed the provisions of Ordinance 604 as he felt it was just one more way of stopping or slowing down building construction in San Luis Obispo. He urged the Council that if they insisted on proceeding with this ordinance, that they adopt the amendments suggested by CEBES. He also stated that instead of buying golf courses and open space, the City Council should take the $260,000 mentioned and start spending it in correcting deficiencies in their sewer, water, streets, parks, etc. Howard Cummings, construction worker, stated that he was opposed to the Council adoption of Ordinance No. 604. John Ross, architect-, stated that he was opposed to the ordinance, and he suggested that the City Council, rather than find ways of holding up pro- jects, should reorder their priorities and get their public utilities and facilities in order. He felt that the City Council should start doing their job and correct the City's physical plant and get the City facilities in order. He mentioned the increased tares that the taxpayers had been pay- ing and the windfall that developed in the City Council in their adoption of the Utility Tax ordinance. City Council Minutes March 4, 1974 Page 8 Fred Schott, engineer, stated he felt that Ordinance 604 was a limited growth ordinance and without a doubt would increase costs to people who were trying to buy a home to live in, within the City of San Luis Obispo. He felt it was wrong and should not be adopted. 1 Robert Barrows, 770 Mainecke Street, asked why the City department heads did not sneak up when the operations under their concern had a problem. He felt that had the department heads been allowed to speak up over the years, the City's facilities would not be in the condition in which they appeared to be in at this time. He did not feel that Ordinance 604 was the answer and that the Council should proceed with plans to correct what- ever deficiencies existed. Bruce Pet rows ki, resident, felt that Ordinance 604 was not a limited growth ordinance, but felt that the City should know the condition of public facilities and that this report should be made available to all people who were interested. N'like 1.laino, lifetime resident of San Luis Obispo, felt that Ordinance 604 was not properly thought out, he felt that the standards and criteria should be developed and adopted first, and then write an ordinance that would cover the criteria in an easily understood manner. Glennadeane Dovey, President of the League of Women Voters, submitted a statement on behalf of the League of Women Voters on Ordinance 604. She stated that the local League of Women Voters had long been concerned with the way in which the City of San Luis Obispo grew. She continued that over the past 12 years, the League had undertaken many studies on various aspects of planning including the City's ability to challenge growth in a way that was beneficial to all citizens. The League membership supported all measures for planned, orderly growth and development, and for the protection of land, water and air resources with emphasis on high stand- ards of environmental quality. They also supported all enforcement measures and implementation procedures needed to attain such standards. Based on these support positions, the League of Women Voters of San Luis Obispo urged the City Council to adopt the proposed City facility ordinance, Or- dinance 604 as printed. She continued that if the City was able with re- lative certainty to assure each homeowner and businessman adequate water, sanitary and protective services, then it was essential that development of City services be coordinated with the new growth. She felt that the current water problem in the southerly part of the City with the resulting building moratorium might have been avoided had such an ordinance as 604 been in effect at the time. She felt that there was a tendency on the part of all citizens to wait until there was a crisis or a tragedy before adjusting or reappraising procedures. She felt that Ordinance 604 would help San Luis Obispo act prior to the crisis stage. She wanted to make special note that Ordinance 604 as printed did not require the City Council to deny development if any of the specified services were deficient. The final judgment concerning adequacy in regard of health, safety and welfare, lay with the City Council. As to proposed amendments, the League felt that since the ordinances provided were a simple and specific outline of procedures it should not be complicated by the addition of principles which were ir- relevant to the intent of the proposed legislation. The issue of financing public facilities was of such magnitude that it should be included in an entirely separate consideration and not covered by the facilities ordinance. Mrs. Dovey concluded that following their study of the City fiscal struc- ture 1968, they felt very strongly that there should be broad public participation in the establishment of priorities for San Luis Obispo. With continuous monitoring of physical and planning activities, the League had not changed its mind. City Council Minutes March 4, 1974 Page 9 J.B. MacDonald, realtor and property owner, was opposed to the adoption of the Ordinance No. 604 as he felt that the ordinance was considered to stop development in the City. He gave several examples of property in which he had an interest that if they were destroyed by fire, he could ' not rebuild due to the lack of adequate facilities in the downtown City area. Hal Boyle, representing the San Luis Obispo Building Trades Council, was opposed to Ordinance 604 as he felt it was a stop - growth, anti -labor or- dinance, and that if the council insisted on passing it that they accept the amendment of CEBES. Marty Welde, representing ECOSLO, stated that they were-in support of Councilman Gurnee and the adoption of Ordinance 604 as it was needed to control growth in order to meet proper public facilities and develop the community in an orderly way. Tim Beedle, Chairman of the Citizens' Advisory Committee, presented a reso- lution of the CAC stating that it be resolved by the Citizens' Advisory Committee of the City of Sari Luis Obispo that physical development in San Luis Obispo should occur only after: 1) the City had adequately planned for it 2) the City had sufficient facilities to support the new development. He stated that he was personally in support of Ordinance 604 in order to establish development standards and.criteria so that any development was done in light of adequate facilities. John Holloway, Business Agent of the International Brotherhood of Electri- cal Workers stated he was in support of the amendment to the Ordinance 604 as proposed by CEBES and the Contractor's Association. Charles Higairrs, resident of the City, stated he was in support of CEBES and Contractor's Association suggested amendment. Ellwood Smith, resident of the City, stated that he was in support of Or- dinance 604 and that City growth should be controlled so that everyone did not come to live here before utilities were installed and ready to serve them, making a burden on the people already living in the community. Arthur Hawthorne, Perfume Canyon P.oad.stated that he was in support of Ordinance 604, but felt that the 5 day limit for department heads to re- port their negative comments was not sufficient time. He felt that more time should be given to the sutdy of the negative conditions but felt that the ordinance provided an orderly procedure for development in the City. He did not feel the amendment suggested by CEBES added anything to the or- dinance. Scott Maugher, 149 Carpenter Lane, stated that he was in support of Ordinance No. 604 as it would make San Luis Obispo a nice place to live. Lew Weiqold spoke in support of City Government spending sufficient funds to update the needed public facilities to serve the citizens of the community. He felt the the City by City Council serving'it was not taking care of adequately with sewer, water the property already within and other public ser- vices. He felt that until the City Council could honestly state that they were serving the people of San Luis Obispo, the, ' should not annex additional land to add additional burdens to their alreadv overburdened facilities. Scott Maugher, 149 Carpenter Lane, stated that he was in support of Ordinance No. 604 as it would make San Luis Obispo a nice place to live. City Council minutes I•Iarch 4, 1974 Page 10 Richard Barnhill, stated that he was opposed to the Council adoption of Ordinance No. 604 as he felt that if this were adopted, he would be out of work. William M cKeen, realtor, stated that he was opposed to the adoption of the ordinance and felt the City Council should assume the responsibility and run the City, which they were elected to do, and not pass the buck to the department heads to decide what should be built and what shouldn't be built. David Burke, contractor, stated that he was opposed to the adoption of Ordinance No. 604 and felt the City Council should plan and spend public funds necessary to update public facilities within the City. He felt that if the City Council insisted on passing Ordinance.No. 604, the CEBES amendment should be included. Marvin Dee, resident, stated he was oppposed to both the adoption of Or- dinance No. 604 and the amendment proosed by CEBES. He felt that there were sufficient laws on the city books now to do what Ordinance No. 604 was supposed to do. He felt that if the City Council would enforce the present laws, the problem would be solved. Elizabeth Webre, Flora Street, president of ECOSLO, stated she was in sup- port of Ordinance No. 604. She did not feel the ordinance was a no- growth ordinance, but felt that it was an attempt to control growth within the means of the City's public facilities and financial capability. She felt that the citizens of San Luis Obispo would some day have to face to question of growth or no- growth due to the economic impact on the taxpayer. Joe Caracas, architect, urged the Council to support the ordinance so that the City Council could get a handle on public facilities and on their cost. 1 He was opposed to the amendment proposed by CEBES, but he urged that the City Council employ a cost benefit technique to measure future_develop- ment in the City of San Luis Obispo, particularly before approving any annexations or large developments. He felt the Council should know the cost benefit ratio of each development in the City. Rose M cKeen, realtor, stated that she was opposed to the ordinance as she felt that the ordinance would just increase the cost of buildings within the City and she asked where would the people live if they could not af- ford to rent or buy homes. She would support the amendment as proposed by the Contractors's Association. WiIIiam Alexander, Slack Street, stated he was in support of Ordinance No.604 and against the amendment as proposed by CEBES. He felt that this meeting would show the City Council that the people wanted the pub- lic improvements put in first class condition and they should get on the job of doing it. Jimmy Jones opposed the ordinance but supported the CEBES amendment. Warren Dolezal, builder, felt that Ordinance No. 604 was not needed. He felt that there were sufficient regulations on both the state and City books now to do ,just what Ordinance No. 604 purported to do. He gave, as an example, his development under construction.on Lower Higuera Street. Jack Foster, resident, stated he was opposed to Ordinance No. 604 with- , out first presenting and adopting the standards and criteria so that people who worked with development knew what the criteria would be prior to starting development. City Council Minutes March 4, 1974 Page II 'Frank Hendricks, 495 Buena Vista, discussed growth philosophy for Council consideration. He was in support of Ordinance No. 604 without amendments as offered by CEBES. He felt that the ordinance would require the City Council to be aware of the conditions of all public facilities before any- one was allowed to develop. Mavor Schwartz declared the public hearing closed. 9:35 P.M. Mayor Schwartz declared a recess. 9:50 P.M. meeting reconvened with all Councilmen present. Mayor Schwartz requested Department Head comments. D.F. Romero, City Engineer, stated that he had two concerns with the pro- posed ordinance: 1) The wording of the ordinance states that a building permit cannot be issued until the Department Head certifies as to the adequacy of the facility. If for some reason a Department Head is able to have gold - plated standards adopted, he can, by his sole determination, either restrict building or force an unwarranted emphasis in City expen- diture to upgrade the facility in one department. 2) Mr. Romero's second concern involved the multiplicity of needs which the Council will receive from each department, each carrying with it a prohibition against building. If the City concientiously attempts to meet all these needs as rapidly as possible, the City Council would loose the flexibility it now has in weigh- ing other alternative improvements. Councilman Gurnee stated that he was in support of the adoption of Ordinance ' No. 604, and felt that the ordinance was a sound concept for City development. He continued that this ordinance had shown the council, staff and public that the City did not have any idea of the condition of its public facilities or the capabilities of the facilities that had been installed. He felt that if this ordinance was not adopted, the City would continue to operate as . they did now, a staff system that caused the Los Osos Valley moratorium, contributed to flood conditions and other problems in the City. He felt that what this ordinance would do was make department heads act responsibly in operating their departments. As far as the public facilities were con- cerned, he urged the Council to adopt Ordinance No. 604 without the CEBES amendment and stated that the ordinance should not be operative until cri- teria and standards.had been adopted after public hearing. He felt that a council committee should be appointed to review the criteria and stand- ards for inclusion in the ordinance. : ouncilman Norris asked that the summary of the Maino letter dated March I, 1974, be included.in the record. Summary as follows: 1. This ordinance was unnecessary 6. The ordinance was unfair in that it provided only for disapproval of an application based on the unrestrained whim or caprice of single department heads and further provided no relief to the applicant from an unreasonable position by a. department head. 2. The concept set forth in the ordinance should apply to subdivisions and annexations only. 3. The ordinance was poorly written 4. The ordinance was inconclusive 5. The ordinance discriminated against present land owners within the City as well as future residents of the City. 6. The ordinance was unfair in that it provided only for disapproval of an application based on the unrestrained whim or caprice of single department heads and further provided no relief to the applicant from an unreasonable position by a. department head. City Council Minutes March 4, 1974 Page 12 7. The ordinance wasn't workable in that it established no time limits for any of the required actions. 8. The ordinance wasn't workable since neither the staff nor ' the Planning Commission of the City of San Luis Obispo had the time with present personnel to process the volume of re- ports or public hearings contemplated by this ordinance. 9. The ordinance was costly. It would effectively prevent ex- pansion or growth in the assessed valuation of the City and at the same time, if properly administered, would require vastly increased staff and staff time. Councilman Norris felt that this ordinance was all encompassing and felt that the provisions of the ordinance should be put into a vote of the people, as they would be the ones who would be required to pay the bill as the City moved ahead with these improvements. He also felt that the ordinance would definitely shut down development due to incomplete infor - mation on existing public facilities which could not be certified. He also felt that this ordinance would force the City Council to spend great sums of money to make the existing public facilities work much less to help new development. He felt the ordinance should not be considered until a complete study had been done on the standards and criteria of facilities plus an accrued inventory of the City existing plans. He also objected to department heads using national standards for development. For example a fire station, parks, personnel, etc. He also opposed to adopting this ordinance that was not nede ed and_would_only cause more problems for devel- opers in the community. He did agree that the City staff should continue to acquire the information of actual condition of the City's physical plant and to pinpoint areas of deficiency in public facilities so that the Council could expend funds in an intelligent way to correct the deficiencies. He urged the City Council to junk the ordinance. Councilman Brown felt that the City Council acted hastily in passing Or- dinance No. 604 to print. He felt the ordinance was adopted to print with- out full information. He also felt that the City Council should take no action but have the staff look into amendments as suggested by CEBES. He felt that there was no rush and that the Council should take time to look into all the facets of the proposal. He felt that the ordinance was simple but too, all encompassing and could be very dangerous if enforced to its ultimate. Councilman Graham defended the City Council's past action in spending pub- lic funds in improving public facilities. He continued that he did not feel that this was a no- growth ordinance. He felt it was an ordinance to force the City to supply adequate public facilities to the residents and he was in support of the adoption of Ordinance 604 without amendment. Mavor Schwartz stated that he was in support of Ordinance No. 604, felt there was a need for the information on public facilities that this or- dinance required. He also felt that the establishment of standards and criteria would make full knowledge available to all developers of condi- tion of public facilities. He continued that had this ordinance been in effect, there would never have been a moratorium in the Los Osos - Lower Higuera area, because not only would the City have known the conditions of the public facilities but the developers would also know the conditions and capabilities of the public facilities. He stated that he wished that the City had 100% perfect public facilities and that they were all •i:n ex- cellent condition to serve the needs of the public. But he felt to bring all these facilities up to date at this time would require a tremendous amount of expenditures of public funds and he wondered who would pay the bill. City Council Minutes March 4, 1974 Page 13 He felt that this ordinance required the department heads make a responsible study and notify all developers and.builders whenever the City could not serve a specific proposal. The Mayor agreed that a task force of repre- sentative citizens of the City with Council members should be organized to ' meet and study the City's facilities and possibly to include ways to finance whatever improvements were felt necessary by the tdSk force. He also felt this task force should consider increases in City service charges and rates in order to pay for facilities and they could also look into the matter of bond issues, whether they be general bond obligations or revenue bond issues, to pay for facilities. He agreed, with the spirit of the ordinance but felt that in the interest of community harmony that the Council should continue consideration of this ordinance, that they form a task force with an established time limit to study the City's facilities, and develop a recommended method to correct these facilities for the Council's considera- tion. Councilman Brown felt that this was the thing he was proposing in arriving at a solution to the overburdened facility problem. The City Council discussed the Mayor's proposals and the means of accomplish- ing his suggestions. Councilman Gurnee felt that the fact that the staff had been unable to come up with criteria standards shows that there was a need_for the adoption of Ordinance No. 604. He felt the ordinance should be adopted now and not be operative until the studies of existing conditions had been _ made and cri- teria and standards had been accepted. Councilman Norris stated that he was in support of Mayor Schwartz's sug- gestion. He felt that the information was needed before adopting any new ordinance. Further, he felt the staff should continue their studies but that he would agree with the appointment of a citizens' committee to study the overall City public facilities, make an inventory and make recommendations to the City Council on updating the facilities. Councilman Brown felt that until the task force had completed their studies, the Council could adopt the policy directing staff to review public facilities prior to granting permits, etc. A.J. Shaw, City Attorney, stated that unless the Council adopted an emergency moratorium ordinance, the department heads could not deny permits if approval is merly ministerial under the provisions of other ordinances. Mayor Schwartz again suggested that a task force should consist of a repre- sentative of the Contractor's Association, the real estate industry, mortgage finance industry, environmentalists, development representatives, Council members and possibly CEBES. Atter discussion, the City Council authorized the Mayor to submit names for membership on the Task Force at the next Council meeting for Council con- sideration and approval. On motion of Gurnee, seconded by Graham that the City Council adopt Ordinance No. 604, pending approval of criteria submit names for membership on a task and standards to direct the mayor to force and staff to continue develop- ment of Criteria. Councilman Brown stated he was opposed to adoption of the ordinance but he would allow the task force to make their studies and recommendations to the City Council. City Council Minutes March 4, 1974 Page 14 Councilman Norris stated he also was opposed to the adoption of the or- dinance without prior consideration of criteria and standards and.also a report from a City task force on existing facilities.. Councilman Gurnee called for a vote on his motion to adopt and finally Pass Ordinance No. 604. Final passage of Ordinance No. 604, lost on the following roll call vote: AYES: Gurnee, Graham NOES: Brown, Norris and Schwartz It was moved by Mayor Schwartz, seconded by Councilman Brown that the City Council continue consideration of Ordinance No. 604, that the Mayor be authorized to submit names for ad.hoc citizens' task force to evaluate resources of the City, to make recommendations to the City Council h deficient resources could be corrected and how to finance and update these resources, with the City staff to continue to update criteria and standards, and that the task force and staff report their recommendations back to the City Council within sixty days. Motion carried on the following roll call vote: AYES: Sch,:rartz, Brown and Norris DOES: Gurnee, Graham With the Council's permission the City Clerk read the following letters into the record dealing with Ordinance No. 604. Communication from Marion J. Holley, 1477 Oceanaire Drive, supporting the City facility ordinance. Communication from Loretta Rice, 1638 Calla Street, opposing the adoption of Ordinance No. 604, without prior consideration of cost to construct,.. necessary facilities to correct overburdened public utilities. 5. Continued discussion of correcting drainage facilities on the Boriack property on Broad Street. D. Romero stated that the Waterways Planning Board had again studied the drainage problem involved in the Boriack property, and felt that the waterway should be improved across Broad Street and to the rear of the Boriack garage and that the remainder of the waterway should remain in its natural state. Councilman Gurnee stated that the Waterways Planning Board felt that the first part of this drainage channel should be improved, that the remainder should be kept in its natural state and requested on behalf of the Water- ways Planning Board that the City Council proceed and order the improve- ments installed. A.J. Shaw, City Attorney, asked if the City Engineers had discussed this ' matter with Mrs. Boriack since the discussion several months ago. City Engineer stated no, he had not discussed this matter as he felt that Mrs. Boriack was opposed to the proposal. Mrs. L. Boriack appeared before the Citv Council, stating that she was op- posed to the City proposal, she did not wish to sell or give her property to the City for drainage improvements, she had not changed her mind since the last time she discussed this with the City Council, and she said she was quite disturbed that after_spendinq quite _a.few_ hours with the_City Council discussing thisllast fall, at which time the_C..ity Council_ decided __ City Council Minutes March 4, 1974 Page 15 they would not condemn her property for drainage, not they were back again On motion of Graham, seconded by Brown, the matter was referred to the City Attorney for preparation of the necessary documents for acquisi- tion of the drainage easement on the Boriack property. 6. City Council considered the requ6st of Don Kra.1l requesting that the City Council allow the card rooms within the City to operate on a 24 -hour basis. This matter was continued from the January 21, 1974 meet- ing. Sgt. Clifford Chelguist, San Luis Obispo Police Department, submitted a re- port to the City Council that the police department had studied the matter and that they felt that amending the Ordinance to allow a 24 -hour operation would create no significant enforcement problems. However, due to an ob- jection by a resident of Baywood Park, the matter was referred to the Police Department staff to research the matter further and return with a recommenda- tion. going through the same thing. She stated she was opposed to it and that the City would be forced to pay for her land. _ little or A.J. Shaw, Citv Attorney, suggested that the City Council refer the matter ' to him for preparation of documents for acquisiton of the drainage ease- ments for the Boriack property for the updating of appraisals and neces- sary legal documents. department recommended that the ordinance On motion of Graham, seconded by Brown, the matter was referred to the City Attorney for preparation of the necessary documents for acquisi- tion of the drainage easement on the Boriack property. 6. City Council considered the requ6st of Don Kra.1l requesting that the City Council allow the card rooms within the City to operate on a 24 -hour basis. This matter was continued from the January 21, 1974 meet- ing. Sgt. Clifford Chelguist, San Luis Obispo Police Department, submitted a re- port to the City Council that the police department had studied the matter and that they felt that amending the Ordinance to allow a 24 -hour operation would create no significant enforcement problems. However, due to an ob- jection by a resident of Baywood Park, the matter was referred to the Police Department staff to research the matter further and return with a recommenda- tion. Mr. Charles Willits, Baywood Park, stated that he did not feel that leaving card rooms open on a 24 -hour basis was a good thing for the community but that without the report that he submitted to the police department being made available to the City Council, he had nothing else to add. Don Krall spoke on behalf of allowing a 24 -hour operation of card rooms within the City. He stated that as an operator of a card room within the City, he did not contemplate being open 24 hours a day every day of the week. But he felt that there were times when a group of local citizens were playing poker until 2:00 A.M. and they wished to continue playing but by law he was forced to close and send them on their way and he knew that many times they went somewhere else to play. He felt in this way at least they would be under a controlled environment available for surveillance by the police department. He thanked the City Council for whatever consideration they wished to make. Councilman Graham was opposed to allowing the 24 -hour card rooms operations within the City. He even questioned the possible need of any card rooms at all being allowed to operate. There being no further discussion. On motion of Councilman Norris, seconded by Councilman Gurnee, the following ordinance was introduced and passed to prin.F: ORDINANCE NO. 609 (1974 Series) Sgt. Chelquist continued that they had consulted other cities who licensed card rooms that remain open after hours of 2:00 A..M. and found _ little or no justification for retention of the 2:00 A.M. closing time. In fact, ' in this survey one City felt that it prefered the control situation of the card room to that of not knowing how and where poker games were being played. Therefor, the police department recommended that the ordinance be amended to delete the 2:00 A.Pl. closing time. Mr. Charles Willits, Baywood Park, stated that he did not feel that leaving card rooms open on a 24 -hour basis was a good thing for the community but that without the report that he submitted to the police department being made available to the City Council, he had nothing else to add. Don Krall spoke on behalf of allowing a 24 -hour operation of card rooms within the City. He stated that as an operator of a card room within the City, he did not contemplate being open 24 hours a day every day of the week. But he felt that there were times when a group of local citizens were playing poker until 2:00 A.M. and they wished to continue playing but by law he was forced to close and send them on their way and he knew that many times they went somewhere else to play. He felt in this way at least they would be under a controlled environment available for surveillance by the police department. He thanked the City Council for whatever consideration they wished to make. Councilman Graham was opposed to allowing the 24 -hour card rooms operations within the City. He even questioned the possible need of any card rooms at all being allowed to operate. There being no further discussion. On motion of Councilman Norris, seconded by Councilman Gurnee, the following ordinance was introduced and passed to prin.F: ORDINANCE NO. 609 (1974 Series) City Council Minutes March 4, 1974 Page 15 an ordinance of the City of San Luis Obispo amending the municipal Code to permit the operation of card game businesses on a twenty -four hour basis by repealing previous provisions against operation between 2:00 A.M. and 6:00 A.M. - Ordinance to on the following roll vote: passed print call AYES: Councilmen Brown, Norris, Gurnee , and Mayor Schwartz NOES: Councilman Graham 7. The City Council again discussed the matter of screening being constructed on the Santa Rosa street overcrossing of 101 Highway in light of the pedestrian count submitted by the Public Works Department for Thursday, Friday and Saturday, February 14 - 16, 1974. City Council felt that in view of these traffic counts there was really no need for this type of constructbon. On motion of Mayor Schwartz, seconded by Councilman Gurnee that the City Clerk be authorized to write a letter to the local office of the Department of Transportation stating that the City Council wished to go on record that they opoosed the_pro.iect of placing the fence on the Santa Rosa overcrossing, that the_Deoartment of Transportation not put fences on any other overcrossing in the City, and if the local office could comply with the request, then the City Clerk was to ask the Department of Transportation whom the City Council might contact to notify of the City's objections to this hideous construction. Motion carried. 8. Memorandum from Fire Chief Schlobahm establishing certain conditions that he felt should be required of ECOSLO if they were to allowed to continue their use of the City's property for recycling op- erations. He felt 1) that any future agreement with ECOSLO should include a require- ment that all items not essential to continued operations of the recycling center be removed from the premises within 30 days, including the unused baler and many 5- gallon pails. 2) That the insertion of the screening redwood slats be completed within thirty days in a manner satisfactory to the City Engineer. 3) That all equipment, containers and materials remaining after the 30 day deadline be relocated to an area twelve feet wide by 200 feet long south of the chain link fence adjacent to the entrance road to the sewer facility, to be done no later than May I, 1974. The relocation was nec- essary so that paving of the training center could be accomplished prior to the end of the budget year. A representative of ECOSLO stated that all the conditions set by the Fire Chief were satisfactory to ECOSLO, and that they would cooperate. First, they had been removing the five gallon pails mentioned by the Chief.. Further, they would move the baler the first chance they had. They had been having trouble with the screening of the -redwood slats which were supplied by the City. The redwood slats were to fit within the chain link fence on a diagonal, but it turns out that it is impossible to slide them in due to their size. They are now trying to install them in a vertical manner, but due to the length of the sticks they would all have different tops. The ECOSLO was planning on continuing their project and at the end would saw off the tops of all of them evenly so that the fence looked nice. They would also cooperate by moving their equipment to whatever area the Fire Chief deemed desirable. City Council Minutes March 4, 1974 Page 17. On motion of Brown, seconded by Graham, that the City Council approve the recommendations of the Fire Chief, that the agreement with ECOSLO continue on a month to month basis with the conditions listed. Motion carried. 9. Communication from John B. Connally, President, C.L. Smith PTA, expressing concern for adequate drainage for the City of San Luis Obispo at the culvert under Highway 101 at the Los Osos interchange. City Clerk was instructed to write to Mr. Connally on the action being taken by the City through ?one 9 of the Flood Control District and re- quest made to the Department of Transportation for improvements. 12A and 12B) Continuation on the public hearing on the appeal of Chumash Village from the amendment to its use permit. A.J. Shaw, City Attorney, presented for the City Council's consideration a resolution aooroving the addition of criteria for mobile home parks to the Water Department Director's report of November, 1972. This criteria would allow recognition of factors unique to mobile home parks, and permit certain optional water supply practices in conjunction with mobile home park development. It would include: A) static water source B) portable pumping facilities On motion of Gurnee, seconded duced: RESOLUTION NO. 25692 San Luis Obispo approving the to the Water Department Direc adopted on the following roll AYES: All NOES: None ABSENT: None by Brown, the following resolution was intro - a resolution of the Council of the City of addition of criteria for mobile home parks for-Is report of November, 1972. Passed and call vote: On motion of Gurnee, seconded by Graham, the City Council granted the ap- peal of Chumash Village from the conditions of the moratorium subject to the implementation of the criteria in the resolution. Motion carried. 13. Communication from William E. Flory, Director, Parks and Recreation Commission forwarding the recommendation of the Parks and Recreation Commission regarding improving the lighting system at Santa Rosa Park. The proposal was that the City would Pay for material for a:metal arc -type system which sould increase the amount of light at Santa Rosa Park and a commitment was made by Pacific Gas and Electric Company that if the City would pay for the material, the PG &E Company would Provide the manpower and equipment to install the lights. With this type of lighting Proposed, C) volunteer fire supression personnel; approved by the City Fire Department. Richard B Wood, attorney representing the owners of Chumash Village, stated that he agreed with tha-- conditions as proposed by the resolution and the Water Director, he accepted the conditions and requested that they be al- lowed to expand their mobile home park at the rate of 6 units per month until the moratorium was lifted in November, 1974. On motion of Gurnee, seconded duced: RESOLUTION NO. 25692 San Luis Obispo approving the to the Water Department Direc adopted on the following roll AYES: All NOES: None ABSENT: None by Brown, the following resolution was intro - a resolution of the Council of the City of addition of criteria for mobile home parks for-Is report of November, 1972. Passed and call vote: On motion of Gurnee, seconded by Graham, the City Council granted the ap- peal of Chumash Village from the conditions of the moratorium subject to the implementation of the criteria in the resolution. Motion carried. 13. Communication from William E. Flory, Director, Parks and Recreation Commission forwarding the recommendation of the Parks and Recreation Commission regarding improving the lighting system at Santa Rosa Park. The proposal was that the City would Pay for material for a:metal arc -type system which sould increase the amount of light at Santa Rosa Park and a commitment was made by Pacific Gas and Electric Company that if the City would pay for the material, the PG &E Company would Provide the manpower and equipment to install the lights. With this type of lighting Proposed, City Council Minutes March 4, 1974 Page 18 two - thirds less electrical power would then be used than was presently being consumed. The possible additional cost that would be incurred after closer inspection might be overhead wire which would need re- placement at an approximate cost of S90. Cross arms might have to be provided at approximately $200, and two poles should be guide and rain type fuses should be installed. Approximate total cost of the project for materials only would be $4,400. On motion of Councilman Brown, seconded by Councilman Norris to approve the recommendation and authorize purchase of the materials. Motion carried. On motion of Councilman Brown, seconded by Councilman Norris the following resolution was introduced:. RESOLUTION N0. 2570 a resolution increasing the 1973/74 budget (Account 400.6, Utility Tax - Park and Recreation Capital Outlay, increased by $6,500.). Motion carried on the following roll call vote: AYES: All NOES: None ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Brown the meeting adjourned to 12:10 P.M., Tuesday, March 5, 1974. APPROVED: August 19, 1974 A. P . TRICK, CITY CLERK D 1 1