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07/08/1974MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JULY 8, 1974 - 7:30 P.M. CITY HALL Roll Call ' Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz Absent: None City Staff Present: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; A.J. Shaw, Jr., City Attorney; D.F. Romero, City Engineer; Robert Strong, Planning Director; Wayne Peterson, Assistant City Engineer Absent: None Mass Transportation Committee Present: Walter Rice, Steven Patterson, and LaVerne Schneider Absent: None 1. At this time the City Council discussed with the Mass Transportation Committee the proposed questionaire on bus service which ' was to be distributed throughout the City and also a discussion of the coordination of the county -wide transportation study. D.F. Romero, City Engineer, again reviewed for the City Council the questionnaire that was prepared by the Mass Transportation Committee which would be handled by students in the Transportation Class at Cal Poly, ques- tions computerized and reports made available to the various agencies. Walter Rice, Vice Chairman of the MTC, explained the methodology and the implementation of the questionnaire as proposed by the Committee. The City Council, the Mass Transportation Committee members, and staff discussed the proposal to have the transportation study.made for the City under direction of the MTC. On motion of Councilman Gurnee, seconded by .Councilman Brown that the City Council approve the request of the MTC for the survey and authorize the expendbture of $1,000. All ayes, no noes. Walter Rice, Vice Chairman of the Mass Transit Committee, reported to the City Council on the activities of the county -wide citizens committee studying the county needs for transportation. He stated that he and Dr. Jones, the other City representative, did not feel that the county com- mittee and their consultants were doing an adequate job to make recommen- dations on various means of transportation within the county. He con- , tinued that in his opinion, the consultants' approach was not valid to see what the citizens of San Luis Obispo county,needed or desired. D.F. Romero, City Engineer, reported that Dr. Jones, the City Representa- tive to the county committee, had originally.been opposed to the consul- tant hired by the joint committee and was disappointed in the work being accomplished under the county contract. City Council Minutes July 8, 1974 Page 2 The City Council discussed with members of the MTC what could be done to get the county -wide transportation study program going again on a more positive approach. John Brown, Chairman of the joint city- county area planning coordinating council, suggested that the Area Planning Coordinating Council meet with the Transportation Technical Committee for review of the consultants' contract and work to date. Councilman Gurnee introduced the following resolution. That the City Council indicate that they were not pleased with the progress of the consultants retained by the county -wide citizen studvina the county needs for transportation, and recommended that the technical committee and the Area Planning Council meet to review the planning program and further that the City would withhold funds if progress. was not shown in coordination of this program, and also -that the City and staff contact Sacramento and see what effect cancellation of the contract with the consultant would have on future funds. Motion lost for lack of a second. On motion of Mayor Schwartz, seconded by Councilman Norris the following resolution was introduced. RESOLUTION NO. 2632 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE AREA PLANNING COUNCIL AND THE COUNTY REGIONAL TRANSPORTATION COMMITTEE TO MEET IN JOINT SESSION TO STUDY ACTIVITIES OF THE TRANS- PORTATION CONSULTANT. Passed and adopted on the following roll call vote: AYES: Councilmen-iBrown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None Walter Rice, Vice Chairman, Mass Transit Committee, brought to the Council's attention the matter of promoting the bus system in cooperation with the Promotional Coordinating Committee. He felt that in order to promote the bus system in the City a concentrated advertising program should be under- taken by the City. He then asked permission of the City Council to hold a press conference with all media representatives in order to try to get cooperation in all public service announcements on radio, television, and hopefully, in the daily paper. He felt that an advertising or.promotional program would add riders to the bus system and if this happened they would reduce the transportation subsidy. On motion of Councilman Brown seconded by Councilman Graham that the City Council approve the request for a media luncheon on bus transportation ad- vertising as recommended by Mr. Rice, motion carried, all ayes, no noes. 2. Robert Strong, Planning Director, asked the.City Council for direction for appointment of a citizens' advisory group to work with the Planning Consultant as they brought the general Plan.to completion un- der the-existing contract. He suggested a "forum" composed of the County Planning Commission, Airport Law Use Commission and Ad Hoc Resource Inven- tory Committee, as well as representatives of various other city commit= tees and interested citizens, to meed with the City Planning Commission. City Council Minutes July 8, 1974 Page 3 He recommended that the City Council involve members of presently ap- pointed advisory boards and committees already familiar with community problems and potentials, and he suggested that the Council invite these groups to meet with the Planning Commission - during three or four meetings regarding the General Plan Revision Program. The City Council discussed the recommendation of the Planning Director ' for a forum of citizens.to hear the General plan presentations by KDG. The Mayor suggested that a letter be sent to all Charimen of the citi- zens' advisory committees to attend the City's Planning Commission meet- ings to include invitations to representatives of boards and commissions in addition to members of'the County Planning Commission, Airport Land Use Commission, and the Ad Hoc Committee on resource _inventory. On motion of Councilman Brown, seconded by Councilman Graham authorize the Mayor to tender :invitations s.,on behalf of the Council to take part in presentations by KDG and other planning consultants. Motion carried, all ayes, no noes. 3.- At this time the City Council considered current legisla- tion and took action on the following bills as follows: On motion of Councilman Brown, seconded by Councilman Graham that the City Council OPPOSE Senate Bill No. 2408 (Behr) State L+censina of all Peace Officers. Motion carried, all coun- cilmen voting aye. On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council OPPOSE AB 3135 (Fenton) Fire and Public Safety Regulations and Organizational Enforcement. Motion carried, all councilmen voting aye. ' On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council SUPPORT AB 3159 U 'Berg, etal.) Bev- erage Containers - Pop -Tops Prohibited. Motion carried, all coun- cilmen voting aye. 4. . Councilman Gurnee brought the City Councils attention the action taken on July I, 1974 by the County Board of Supervisors to rezone forty acres of the Dankey parcel to a manufacturing- industrial classifi- cation. He informed the-City Council he feels this action had many serious ramifications for the City, which included: a. inconsistency of the rezoning with the City's General Plan, b. inconsistency of the rezoning with the County's General Plan, c. implications on City services and facilities, especially water and sewer services which the Regional Water Quality Control-Board was attempting to force the City to pro- vide in unincorporated areas to the San Luis Creek Re- gion, d, the evident lack of control by the City of development ' within its urban reserve. He submitted for the Council's consideration maps of the General Plan of the County and also for the City, and also a resolution for the Council's con- sideration advising the County Board of Supervisors and state'agencies that the City did not feel obligated to provide water and sewer service to a forty acre real pro perty parcel recently zoned industrial by the County of San Luis Obispo, and further requesting that the Attorney General investigate said rezoning to see if it was in compliance with state law. City Council Minutes July 8, 1974 Page 4 A.J. Shaw. City Attorney, presented each member' of the City Council with a copy of the Government Code, State of California, Section 65860 en- titled "Consistency of zoning ordinances with general plan; actions to en- force compliance; amendments." Robert Strona, Planning Director, reported to the City Council on his pre- sentation before the County Planning Commission and Board of Supervisors objecting to the rezoning of the Danley property. He noted that the City , requested denial or continuance of the proposal because it was contrary to the present General-Plan, currently being revised. He had attempted to im- press the Supervisors with the fact that General Plan revision studies would provide a complete analysis within a few months and until existing plan conflicts are resolved, approval of rezoning would tie inconsistent and premature. Councilman Norris read from the minutes of the County Board of Supervisors Meeting which rezoned the Danley property, and submitted reports on the Board of Supervi sore approvaj of the rezoning: Councilman Gurnee felt the Council should act tonight to begin the pro- cedures to stop the completion of the rezoning of the Danley property.• Councilman Norris, felt that the land around the airport should develop to industrial uses. He also felt that the existing City General Plan was in- appropriate for this part of the County area. He also felt that this land was in the County and was in the area of responsibility of the Board of Su- pervisors and that the City should respect their opinion. Further, he felt that the resolution proposed by Councilman Gurnee was inaccurate and fu-11 of half truths and should not be considered for adoption by the City Council. He also objected to asking the State Attorney General to enforce County zon- ing ordinances. He would oppose the adoption of the resolution. Councilman Brown stated that he too was opposed to asking the Attorney General to come in and enforce County General Plan laws, although he did agree with conditions of sewer and water extension to the County area, and would support a portion of the resolution,deaiing with this matter. Councilman Graham said he would agree to the conditions of the resolution dealing with the extension of water and sewer. And he would like to con- tinue consideration until the City General Plan had been amended and up- dated. Mayor Schwartz felt that due to the lateness in the hour and also due to-'the seriousness of this issue, he felt that this should be continued to a re- gular scheduled City Council meeting so that input could-be received from the public, enabling the City Council to make an informed decision based on the public's testimony. On motion of Mayor Schwartz, seconded by Councilman Brown the matter was continued to the meeting of July 15, 1974 for further consideration. ..... .... 5. On motion of Councilman Norris, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO, 2631 (1974 Series) A RESOLUTION INCREASING THE 1973 -74 BUDGET. Passed and adopted on the following roll call vote: AYES: CouncilmentNorris, Gurnee, Brown, Graham, and Mayor Schwartz NOES: None ABSENT: None City Council Minutes July 8, 1974 Page 5 6. At this time the City Council discussed the Volny planned development on Mill Street, part of Tract 522, dealing with the requirement which would raise the building floors by 18 inches in order to provide flood protection. The City Engineer stated that since no grading was necessary or implied other than underneath the buildings, the Public Works Department did not condern itself thereafter with earth work on the site. Mr. Volny apparently chose to import fill under the building sites and cons- truct slabs. It had been the long -time understanding between the Building Department and Public Works Department that earthwork conducted only under a building would fall under the jurisdiction of the Building Department. Therefore, soils reports, compaction reports and all other submittals were made only to the Building Department. Upon receipt of the Council memorandum of July 3, 1974 the City Engineer and Chief Building Inspector visited the site and found that the contractor had placed an excessive amount of fl 11 material near the buildings and had placed a stockpile of an adobe type of material interspersed with rubble near the southerly corner of the property. All of this was done without specific approval from either the Building Department or the Public Works Department. It appeared that some of the material had been placed within the public right -of -way and that a number of trees were endangered by this earthwork. The Chief Building Inspector, Jack Kellerman had indicated that he would instruct Mr. Volny to submit an acceptable grading plan or take immediate corrective measures on this matter. Councilman Gurnee stated he objected to the activities of the City Engine- er's office is not enforcing the grading provisions of the Municipal Code. He then read applicable sections of the Municipal Code dealing with sub- divisions and grading thereon. Robert Strong, Planning Director, stated that he agreed with the report of the City Engineer, Past practice had been that any grading under a building would be handled by the Building Department and any other on site or off site grading would be handled or inspected by the Public Works De- partment. The City Council discussed with the staff some way of setting a procedure or getting cooperation between the building inspector and the City En- gineer on plans and preparation of grading construction development within- subdivision so that the C 'ity Council did not have to review in detail each development and each movement of dirt within the City. Robert Strong, Planning Director, agreed that an improved procedure could and should be established to coordinate the inspections of both the Public Works Department and the Building Department, particularly in areas where responsibilities might overlap such as in the Volny development. Arnold Volny, developer, reviewed development of his planned development on Mill Street, stating that the grading in question was basically in ac- cordance with the approved plans and grading permits of the City. The staff was instructed to resolve an improved procedure for coordination of inspection of grading on subdivisions, particularly planned development. On motion of Councilman Brown, seconded by Councilman Gurnee the meeting adjourned. APPROVED: November 4, 1974 .,,� rpatrick, City Clerk