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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 ----------------------------------------------------------------------------- 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