12/04/1974I11VUDV
ADJOURNED MEETING OF THE CITY COUNCIL
. ; - CITY. OF :SAN LUIS OBISPO .. .
.WEDNESDAY,.DECEMBER 4,.1974. 12.NOON,
CONFERENCE ROOM, CITY HALL
Roll Call
PRESENT.:_ John C.. .Brown, Myron Graham, T.. Keith.Gurnee, and
Mayor Kenneth E. Schwartz .
.ABSENT.: Jesse Norris
City Staff.
PRESENT: J.H..,Fitzpatrick., City.Clerk;.R.D. Miller, Administrative
.Officer; A.J. Shaw, City Attorney; Robert Strong, Director
of .Community Development; David Williamson, Assistant
Administrative Officer; Wayne Peterson, Assista_nt.City
Engineer
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A. Request.from Eileen Donati and Jeannie. La Shelle.for.permission to
take part in the Old Fashioned Christmas in the.Plaza show as they were re-
presenting an overflow group of artists and craftsmen who,have applied for
Christmas. in the Plaza,_.but due to space.limitations were turned down by ^
Mrs. Linnea Phillips. They asked for.Council.p_ermission to make_ room avail-
able on Broad Street just off the Plaza.
On motion of Councilman Gurnee,,.seconded by Mayor Schwartz the.request of
Ms. Donati and La Shelle.was.approved, and the City.authorized.the closing
of Broad Street from Palm to Monterey Streets..and Monterey Street from Broad
to Broad..Street for Saturday, December 7.and Sunday, December 8 between 8 a.m.
and 5 p.m. as part of the Old Fashioned Christmas in the Plaza Celebration.
Motion carried, all ayes, Councilman Norris absent.
.. .
11. Robert Strong, Planning Director., submitted a. recommendation to
the City-Council-from the.Planning Commission for possible.extension of
Mutsuhito Avenue to Broad Street and possible degree of City participation
in its improvement.
Robert Strong stated that at.the regular meeting of November 19, 1974.of
the Planning Commission, they approved a use permit request to expand an
industrial site use at.2701 McMillan Avenue.in the M -S A -H District. The
project proposed the construction of two-additional warehouse buildings on
presently.unused..portions of.the...site on..McMillan.Avenue., The property
fronts on:unimproved.portions of-:McMillan Avenue.and the applicant's
proposal included full, half- streef improvements on McMillan, a..second
driveway access over the waterway and.the construction of a water line and
fire hydrant....
The Planning Staff recommended.approval_of the proposed use as appropriate
to the. area, but ,recommended that the :applicant be- required to offer for
dedication a 50 foot - street right- of- way.through,'the.property to provide
a future connection between McMillan and Broad Street via Mutsuhito Avenue.
The future street area was presently used as a private access drive to
adjoining industrial.buildings..and would not..interfere.with any.existing.
structures - -_ At. some iime. in. the .future,..when the adjolning.Brick Yard
quarry -and manufacturing. area..was_.developed,.the Mutsuhito Avenue alignment
would be.fully.improved thus providing a.secondary access connection.to .
the end of McMillan Avenue relieving traffic on Orcutt Road and permitting
a water line loop connection between Broad and McMillan, and providing for
sewer. lines to .serve the .lower end of. the Brick Yard. as well as the. unserved
area on McMillan.
The staff recommended.that the Planning Commission defer or waive street .
improvements on this dead -end portion of McMillan and the hiutsuhito extension
since neither would serve any useful purpose at this time, and suggested
that the Commission again consider abandonment of the undeveloped portion
of McMillan Avenue.
City Council Minutes
December 4, 1974
Page 2
The-Planning Commission modified..the staff's suggested condition regarding
street dedication and deferred.improvement, instead recommended that the
City Council accept the offer for the 50 foot street right -of -way in exchange
for the City installation of street improvements at some future date. From
the discussion, the majority.of.the Commission believed it would be inequitable
to require the applicant to contribute right -of -way without compensation and
also be responsible for future installation of improvements for a segment of
street which would benefit an entire area.
The.offer:to dedicate and the responsibility for future street improvements
were referred-to the City.Council for consideration. The staff believed that
the right -of -way should be obtained and that street improvements should.be
deferred until . an improvement district, involving all benefiting properties
was formed. The Commission agreed that the street was..very desirable but
suggested that the City bear the cost of street construction for this segment
of the street at sometime in the future, with no participation by the prop -
erty owners.
A.J. Shaw, City Attorney, warned the City Council of the legal implications
of conditioning.the new street alignment as part. of the use permit.. He did
not feel that this was.a.legal.:condition for use permit.and felt that the
street condition should be a separate agreement between the City and prop-
erty owners, for future development. in cooperation between the City, and
property owners with full credit being given to the property.pwner for the
value of the land if the parties so agreed.
The City. Council .discussed.in.detail.with staff the implications, of a new
alignment of Mutsuhito Avenue.-with the trade off of the, abandonment of
McMillan Street. The Council also.-seriously discussed the recommendation
of the Planning Commission in recommending that the City .taxpayers assume
full responsibility for development of street improvements to serve private
-property...
On motion of.Mayor Schwartz, seconded.by Councilman Gurnee that if the
Planning Commission.as a condition of a use permit could obtain.dedication
for the extension of Mutsuhito Avenue in return for a relinquishment of.
improvement that portion of McMillan Avenue, the City would accept dedication,
with future improvement of Mutsuhito Avenue including utilities to be
accomplished.through. normal City, improvement procedures. Motion carried.
Councilman Norris absent.
12. Memorandum from D.F.-Romero, City Engineer, forwarding a progress
report on Creek Maintenance Program being conducted by Zone 9.. The City
Engineer reminded.the City Council that the Prefumo Creek channel was
cleaned.by contract-last year, but-that the Fish and Game, Commission
allowed only trimming of the'willow, branches as opposed to the staff
recommendation that the willows be'pulled out by the roots. The appeal
to the Fish and Game Commission home office was made, but no reply had
ever been received.
The City Engineer stated that the Prefumo Creek channel was badly overgrown
with perhaps half its normal capacity.and would undoubtedly flood under
a major storm.
Therefore,.it.was the. recommendation of the staff that supplemental
appropriation should be made either to the Zone 9 or to the City in order
to finance.the - cleaning of that section of Prefumo Creek below the. Madonna
outlet as, it was very badly choked and at least.the larger trees should
be removed.
David Williamson, Assistant Administrative Officer, stated that he contacted
representatives of the County Zone 9 people, and while it was true that the
County felt it would be.desirable.to do maintenance work in Prefumo Creek,
they have used up their entire.creek maintenance budget for.this year, and
they did not feel there: was . any urgency in asking the Board of Supervisors or
the City for.additional monies to complete the phase of work..
City Council Minutes
December 4, 1974
Page 3
It was the.Assistant Administrative Officer's recommendation.that any com-
plaints and concerns expressed by City residents and property owners
.regarding possible flooding in this stretch of Prefumo Creek be referred
to the County Zone 9 staff.for answer, as he did not feel it was the City's
responsibility to protect these properties.
Mayor Schwartz suggested that.the City Council authorize a letter to be mailed
to the Zone.9 Advisory Committee.,.the.Board of Supervisors, and the County
Engineer's Office explaining that the-City residents were not satisfied with
creek cleaning to date and the work performed by Zone 9 and urging that further
work be authorized to alleviate-.possible flood problems especially in the
Prefumo Canyon outlet to Laguna Lake-and Prefumo Creek at Calle Joaquin, and
put the County on record that this was part of the responsibility assumed in
.the formation.of their Zone 9.operati6n.
On motion of Mayor Schwartz, seconded-by Councilman Gurnee staff was authorized
to.prepare a letter for the Mayor's signature embodying the feelings of the
City Council in this matter. Motion carried, Councilman Norris absent.
13. Presentation of.a.recommended staff work program on the General
Plan and Regulatory System Revision Program.
Robert Strong, Planning Director, reviewed for the City Council the tentative
work plan proposal set for completion of the remaining portions.of the phase
.two and phase.three work under the KDG program, and presented revisions to
reflect recent and continuing modifications with the County and various
technical consultants. He urged further consideration of alternatives. The
proposed work tasks, assignments, schedule and estimated expenses to be further
resolved in the next-few days and remaining variables and refinements of
recommendations should.be completed for Council consideration. He then reviewed
for the City Council numerous.and lengthy documents dealing with 1) recommended
proposals for-completion of General-Plan and Regulatory System Program with
the County of-San Luis Obispo Planning Department, 2) memorandum of agreement
to-complete the preliminary work with KDG, and 3) a tentative schedule and
expected products through the months of December, 1974 to completion and
adoption of.the plan in September, 1975.
Councilman Gurnee asked that this matter be continued to a study session as
this was an all- encompassing program and should be given a more in -depth study
by the City Council of the staff's proposal.
On motion of Mayor. Schwartz, seconded by Councilman Brown that the City
Council.accept the recommendation of the City staff as it dealt with KDG
and that the City Attorney be authorized to prepare a completion contract
encompassing the memorandum of understanding and the final work program to
be accomplished by KDG. Motion carried, Councilman Norris absent.
TRAFFIC COMMITTEE ITEMS
74 -12 -7T A recommendation against placing-stop signs in the Longview
Hathaway, Carpenter Street area, previously recommended for
denial by.the Traffic Committee was referred back to the
Traffic Committee for study.
On.motion of Mayor Schwartz,.seconded by Councilman Graham Traffic Committee
Item 74 -12 -7T was referred back to-the Committee for reconsideration. Motion
carried, Councilman Norris absent
The City Council then adjourned to Executive Session.
On motion of Councilman Gurnee., seconded by Councilman Graham the meeting
adjourned-to 7:30 p.m. Monday, December 9, 1974. Motion carried, Councilman
Norris absent.
rAPPROVED: April 7, 1975
U�J.H. 5oitzpatrick, City Clerk