HomeMy WebLinkAbout02/18/1975MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 18, 1975 - 7:00 P.M.
CITY HALL
Pledge
Roll Call
PRESENT: John C. Brown, Myron Graham, T. Keith Gurnee,. and
Jesse Norris
ABSENT: Mayor Kenneth E. Schwartz
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; A.J.. Shaw, City Attorney; Robert Strong, Director
of Community Development; Wayne Peterson, City Engineer
R.D. Miller, Administrative Officer; stated that there were sufficient funds
available for the Council to make the needed improvements to comply with
Ordinance 604 -A on the listed projects.
A.J. Shaw, City•Attorney,' listed :options open to the City Council.on projects
involved under Ordinance 604 =A.
A. Reject recommendations of the Planning Commission.
B. Make funds available now for improvements.
C. Find that the health, safety and welfare would not be
affected by these developments.
Vice Mayor John Brown opened the public hearing on a project -by- project
basis.
1. The
City Council held a public hearing to consider the reports from
the City Planning Commission concerning City resource deficiencies under. City
Ordinance No.
604 -A for the following projects:
A.
Request for building permit for a warehouse structure at
2701 McMillan, Arnold Volny, applicant.
B.
Request for building permit to construct.48 apartment units at
3350 Bullock Lane, Vic Mori, applicant.
C.
Tentative Tract No. 552 subdivision map to create six lots in
the M zone, 2930 McMillan Avenue, Charles French, applicant.
D.
Tentative Tract No. 557 subdivision map for five lots on Leona
Avenue between San Carlos and Fletcher Avenue, Vern Dillon,
applicant.
E.
Use Permit U 0482 for a mobile home sales lot at 1447 Auto
Park Way, John Taylor, applicant.
F.
Tentative Tract No..533 subdivision map for a condominium
conversion of eight apartment units at 1497 Royal Way, James
Thompson; applicant.
G.
Planned development /tentative subdivision map for 20 condominium
units at 1055 Los Osos Valley Road, Teakwood Terrace, Inc.,
applicant.
R.D. Miller, Administrative Officer; stated that there were sufficient funds
available for the Council to make the needed improvements to comply with
Ordinance 604 -A on the listed projects.
A.J. Shaw, City•Attorney,' listed :options open to the City Council.on projects
involved under Ordinance 604 =A.
A. Reject recommendations of the Planning Commission.
B. Make funds available now for improvements.
C. Find that the health, safety and welfare would not be
affected by these developments.
Vice Mayor John Brown opened the public hearing on a project -by- project
basis.
City Council Minutes
February 18, 1975
Page 2
IA. Arnold Volny, applicant, 2701:McMillan Avenue, for a building
permit for a warehouse structure (Use approved '- ARC approval granted).
PROBLEM' The project was served by the Terrace Hill water tank which
currently had sufficient capacity for the present service area. However,
the water distribution system was characterized by some incomplete, under-
sized and heavily tuberculated lines (filled with mineral deposits) reducing
the system's capability to provide adequate water flow for fire.suppression
required for combustible construction and simultaneous consumptive use.
Improvements to the water delivery system are contemplated by the City and
are necessary for the upgrading of the entire area providing service to the
project.
PLANNING COMMISSION RECOMMENDATION: That the City Council schedule a
phased program of improvements to the water distribution system, the first
phase to be completed early in the 1975/76 capital improvement-program.
The improvements anticipated to upgrade.the system to an acceptable level
would include:
1. The installation of several water lines to parallel and /or replace
existing undersized lines.
2. The mortar lining of a major 16" transmission main line.
Also, that the subject project be allowed to proceed, but during the
interim period prior to water system improvements, staff retain the option
to utilize the Level I 604 -A procedures to withhold or delay entitlements on
any subsequent project proposals which., in staff opinion, would constitute
a critical circumstance. The Planning Commission recommendation that the
project be allowed to proceed was based upon City Council approval of the
Phase I water systems improvements.
Arnold Volny, developer, spoke in support -of his project, and urged the
City Council to accept the recommendation of the Planning Commission and
commit themselves and the City of San Luis Obispo to fund the needed water
improvements.
On motion of Councilman Gurnee, seconded by Councilman Graham the City Council
accepted the Planning Commission's recommendation and authorized the project
to proceed.
Motion carried on the following roll call vote: --
AYES: Councilmen Gurnee, Graham, Brown and Norris
NOES: None
ABSENT: Mayor Schwartz
1B. Vic Mori, applicant, 3350 Bullock-Lane, for a building permit to.
construct 48 apartment units (ARC approval granted).
PROBLEM: Same as IA. Proposed a density of 32 dwelling units per acre
which was consistent with zoning but exceededs the General Plan maximum
density of 10 dwelling units per acre (Level II.report).
PLANNING COMMISSION RECOMMENDATION: Same recommendation.as IA. That
the resolution of differences between the General Plan and regulatory
system be addressed as part of the General.Plan.revision program now in
progress.
Vic Mori, developer, urged the City Council to take the necessary action
to fund the needed water improvements.
On.motion of Councilman Norris, seconded by Councilman Graham the recommendation
of the Planning Commission be approved and the project be allowed to proceed.
City Council Minutes
February 18, 1975
Page 3
Motion carried on the following roll call vote:
AYES: Councilmen Norris, Graham and Brown
NOES: Councilman Gurnee T
ABSENT: Mayor Schwartz
1C. Charles French,.applicant, McMillan Avenue, Tentative Subdivision
Map (no approvals granted).
PROBLEM: Same as IA regarding water distribution system.
PLANNING.COMMISSION RECOMMENDATION.: :Same as IA regarding 'water distribution
system.
Charles French, developer, spoke in support of the project.and.in support of
the Planning Commission recommendations. He hoped the City Council would move
ahead with correcting the deficient water facilities.
1D. , Vern Dillon, applicant,.five lots-on Leona Avenue - between San Carlos
and Fletcher, for Tentative Subdivision (ho.approvals granted).
PROBLEM: Same as IA.
PLANNING COMMISSION RECOMMENDATION: Same'as IA.
Vern Dillon, developer, urged the.City Council to proceed with necessary
steps to correct the existing water deficiencies in the Terrace Hill zone.
On motion of Councilman.Gurnee,.secorided by Councilman Graham the City Council
accept the recommendation of the Planning Commission and authorize the project
to proceed.
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Brown and Norris
NOES: None
ABSENT: Mayor Schwartz
1E. John Taylor, applicant for Use Permit, 1447 Auto Park {gay, for
a mobile home sales lot (use permit.approved; ARC approval.pending).
PROBLEM: The project was beyond the four - minute response time for fire
suppression (Level II report).
PLANNING COMMISSION RECOMMENDATION:.. That the City Council undertake a
study to determine the optimum locations of fire stations for the City of
San Luis Obispo. This.siudy would.possibly. determine -that the City could
be- adequately covered with less:fire stations than are presently proposed
which would result in a substantial long -term savings to the City.
In:the.interim;-until permanent corrections:.were made, that -the City Council
adopt regulations requiring the installation of built -in fire protection.
This would be accomplished by the adoption of the following:
a. Prohibition of constructioo
n which would require more than 1500 GPM
fire flow for fire protection unless approved automatic sprinkler
protection was provided.
b. Prohibition of construction.of buildings exceeding 5000 square
feet in area unless approved automatic heat and-smoke detection
systems were provided.
City Council Minutes
February 18i-1975
Page 4
C. Prohibition of construction of buildings exceeding two .stories in
height unless windows required for rescue of occupants could be
reached with ladders carried on Fire Department pumpers..
d. Prohibition of construction of buildings not provided with fire
retardant roof coverings.
e. Prohibition of construction.of buildings exceeding 1500 square.
feet in area unless-.provided either with: (a) one -hour fire 1
resistive construction throughout, or (b) automatic fire-extinguisher
system throughout, or (c) installation of automatic smoke detection
equipment.
1F. James Thompson, applicant, Tentative Subdivision Map..for 1497 Royal
Way (no approvals granted).
PROBLEM: Same as IE.
PLANNING COMMISSION RECOMMENDATION: Same as 1E.
1G. John Deeter, Teakwood.Terrace, for a Tentative Subdivision Map at
2930 Los Osos Valley Road (no approvals granted)..
PROBLEM: Same as 1E.
PLANNING COMMISSION RECOMMENDATION: Same as 1E.
Charles French, Attorney for James.Thompson (1F), spoke in support of Planning
Commission recommendation on Level II deficiencies.
David.Grant`, property.:owner, obj:ected.to- :further development:in Los Osos
Valley due to.uncorrected drainage in the area...
Sandra Crice, property owner, objected.to further development.in Los Osos
Valley.due to lack of adequate fire protection and fire flows.in -the area...
She also felt that due to lack of parks and-recreational facilities, no
further development of the.valley should be permitted. She also -felt that
Teakwood Terrace (1G) should not be built on the high fill as this 3 -1/2
acres of land would be better used as open space.
Keith Vector opposed the Deeter development (1G) .due.to lack of water, proper
drainage, etc..
Betty Ide opposed the Deeter.development (1G) due to poor planning-of his-
original projects, with too.many people-on too small an area,.too. much traffic,
poor drainage and no fire protection.
Charles French,.Attorney, asked that the City Council limit the discussion to
Level II deficiencies of Ordinance No. 604 -A.
James Thompson, property owner:(1F), urged the City Council to accept the
recommendation of the-Planning.Commission and authorize projects to proceed.
On motion of Councilman Gurnee, seconded by Councilman Graham the City Council
accept the recommendation of the Planning Commission and authorize project to
proceed.
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Graham and Brown
NOES: Councilman Norris
ABSENT: Mayor.Schwartz
City Council Minutes
February 18, 1975
Page 5
2. At this time the City Council held a public hearing-on'. the recommendation
of the.Planning Commission to rezone .property at 241 Pismo Street from M to C -H.,
consisting of lots 1, 2, 3 and 4; block 116B of Reed $ Company's Addition to the
City of San Luis Obispo.
Robert Strong, Director of Community Development, reported that the City Planning
Commission recommend to the City Council that the rezoning be approved on the
following basis:
' 1. That the zone map amendment request was consistent with the adopted
City General Plan.
2. The subject request also conformed to the land use recommendation
contemplated in the revised General Plan.
3. The prevailing existing land use in the area was of a heavy com-
mercial.nature characterized by activities of commercial service
industries rather than manufacturing use.
4. The area was not suitable for many manufacturing uses because of
its proximity to retail commercial activity and residential areas
and was more suitable for the wider variety of-commercial uses
permitted by -t1-fe C -H zone.
5. The Planning Commission.directed the staff to initiate a more
comprehensive rezoning program to bring the rest of the area into
conformity with the revised General Plan when, adopted..
Vice Mayor John Brown declared the public hearing open.
No one appeared before the City Council for or against the proposed rezoning.
Vice Mayor John Brown declared the public hearing closed.
' On Motion of Councilman Gurnee, seconded by Councilman Graham.the following
ordinance was introduced: Ordinance No. 632 (1975 Series), an ordinance
amending the Official :Zone Map of the City of. San Luis Obispo. .
Passed to print on the following roll call vote:
AYES: Councilmen Gurnee,.Graham, Brown and Norris
NOES: None
ABSENT: Mayor Schwartz
3. Robert Strong,_Director.of Community Development, submitted for the
Council's consideration.a pre - application for federal funds under.the 1974 Housing
and.Community Development Act for.improvements to the City of San Luis Obispo.
The report presented the pre- application requirements which included:
1. The Community Development needs.
2. Prescribed activities and programs which would meet these needs over
a three -year period.
3. Information to HUD with general location and cost estimates for these
activities which required funding.
' The three = year -fund program as presented in the pre - application by the Community
Development Director was for a total of $7,115,000 with the first year's activities
consisting of a $900,000 program. -
The first year's activities would include non- conforming use-abatement, tax rebate
system, social service facilities and planning activities. The second and third
year's activities would include continuing non- conforming use abatement and other
community development activities in.the.Central area, the_Rockview area,
Terrace Hill area-and the Brook Street area.
The Community Development needs as envisioned by the Community Development Depart-
ment in their pre - application were prepared after a city -wide evaluation of existing
resources and services- and an analysis of both man-made and natural environments.
City Council Minutes
February 18, 1975
Page 6
He stated in a development objective format each need was generally applicable to
all areas of the community.
1. The community would need to develop and reach a consensus regarding a
clearly defined growth policy and development strategies to sustain
and improve the quality of the San Luis Obispo environment.
2. All designated urban areas of the community should receive levels of
municipal services which meet or exceed the use and design criteria I
set forth in City ordinances and planning documents.
3. The City should provide for a housing inventory that would be adequate
to serve the projected employment base within the San Luis Obispo
community labor market area.
4. The normal aging process of existing residential and commercial areas
should be stabilized to prevent accelerated deterioration and urban
blight and to arrest or detain area decline. Incentives, assistance
programs and controls should be developed to accomplish this objective
.and to encourage rehabilitation, restoration, recycling, renewal and
redevelopment.
S. Provide a full range of active and passive recreation opportunities on
a neighborhood scale, particularly where current deficiencies exist.
6. Mitigate the negative effects of circulation and topographic barriers
which reduce the desired level of access to or from public and com-
mercial facilities.
7. Abate or alleviate inappropriate land use relationships which are
detrimental to, or in conflict with the City's stated goal of
environmental quality.
8. Minimize the negative effects of natural hazards to property and I
residents in the San Luis Obispo area.
9. Define and develop programs for the conservation of those historic,
architectural, and scenic elements which contribute heavily to the
character of San Luis Obispo and to the quality of its environment.
10. Prevent the isolation of any one population group from participation
in community activities and inhibit input into the Community Development
Program.
11. Provide public improvements and facilities in areas where rehabilitation
of existing housing by the private sector was desirable.
12. Mitigate the adverse effects of noise pollution within noise - sensitive
residential areas.
13. Develop special design standards to provide for more convenient use
of community facilities by handicapped people.
Robert Strong continued that the first year's activities would include:
1. Non - Conforming Use Abatement, which would meet two of the most important
community development needs in San Luis Obispo; particularly, the housing
demands of its residents, and to preserve the integrity of existing ,
residential areas. In the first case the City could provide for
additional housing units by zoning appropriate areas for residential
development or could more directly participate in developing additional
units through its housing program administered by the Housing Authority.
One way of preserving the character of existing neighborhoods was to
prevent the intrusion of non - conforming commercial or industrial uses
into established residential districts. Although zoning controls now
prevent incompatible intrusions, some areas contain scattered pre-
existing commercial uses in areas of the City where housing demand was
high and the availability of vacant land for new residential construc-
tion was relatively scarce. Under existing City zoning ordinances,
City Council Minutes
February 18, 1975
Page 7
nonconforming uses would continue to exist as long as operation of
the facility was.neither' expanded nor discontinued for more than six
months. However, a review of residential /commercial-and industrial
land u §e conflicts indicated "that removal of commercial and industrial
uses_from..resideniial...areas should happen much'sooner to free land for
needed residential. development. and for infill into established urban
Therefore, as part:of a Community Development Program, the abatement
of non- conforming industrial" and commercial uses could serve a dual
' purpose.in providing additional available residential land and
mitigating land use conflicts.
As an initial step in the..three -year Community Development Program,
the City of San Luis Obispo through combined efforts of both the
Planning Department and Housing Authority had "deve lope d a list of
non- conforming or conflicting commercial and industrial uses which
should be abated in the near future Using Community Development
funds the City could obtain, through direct purchase, the specified
conflicting uses, could.remove structures and other improvements, and
would either: (1) Sell back to private developers whose development
.plans provide housing opportunities for low or moderate income groups,
or (2) Use housing assistance monies to develop additional public
housing units.
Robert "Strong then'concliuded his.presentation by presenting various maps and
a slide show which showed the non - conforming commercial and industrial uses
that 'could-be abated if the program were adopted by the City Council and accepted
by the.Federal Government.
Ms.•Valerie-,Endres, representing the.League of' Women Voters of the City of San
Luis Obispo, submitted the following for the Council's consideration. She
stated that..the•League of Women Voters of San Luis Obispo applauded the =City
for the dedication with which .it -had pursued Federal funding under the new
Housing and Community Development Act. They strongly believed that government
1 on all levels should share responsibility for furthering the supply of low.and
moderate income housing, and they hoped to see Federal funding made available
to our community.
The League of Women 'Voters,.however,.had.major reservations about the Community
Development. Block Grant application as proposed. From their reading and
discussions with HUD officials they gained the impression that the Federal
Government would -fund only the most urgent proposals o "f the many that"
it would receive. They feared'that'the program outlined by the City Planning
staff was not properly structured to - reflect the magnitude of the housing
problem and to tackle it in a.-realistic manner. "
The League of Women Voters' concern, then, was two -fold. First, they felt
that the proposal, if it was to be funded, must succinctly define the housing
needs in terms that made clear the urgency of the problem. They feared that
the proposal as presented by the Planning staff did not address itself :clearly
enough to the task of supplying much needed housing for the many low and moderate
incomed'in our�City who ciirrently paid far in excess of•what they.should in order
to meet their housing needs. Was the existence of commercial establishments in
potentially residential areas really a significant cause of blight in our City?
The League of Women Voters thought not.' Was the removal of these same establish-
ments the most"significant step that the City could use during the next year
in a program that eliminated blight and provided housing? They thought not
Therefore "this led to the second-:concern of the League, the Planning.,DepartmentIs
apparent lack of priorities. The'League.of California Cities had prepared
a checklist to aid cities in their preparation.,of block grant applications,
page four of the draft of that document stated: "Priorities should be realistic
and in keeping with available resources, whether funds provided by the Community..
Development Block Grant Program or by other "federal, state and /or local funds."
The League did not think that.there was one Council member who truly believed
that this City would be spending an.estimated $7 million that'the Planning
Department had said the proposed program would cost over the next three years.
In addition, it was proposed-in Mr. Strong's memorandum of February 14, 1975
to the City - Council, that further.development.of social.programs, the improve-
ment of the ..Grass Roots II facility, and federal assistance for Project COPE,
although all laudable projects; further diffuse a plan in need of tightening.
City Council Minutes
February 18, 19.75
Page 8
Might it.not appear to HUD in their review of our program, that San-Luis Obispo
had no definite., .realistic,.manageable..program at all.-and that -in the absence
of such.a.program the City,'had thrown a whole bag of ideas together in hopes
that HUD would find..one.they liked and-give us some money.. If this-was the
impression the City gave, and the League of Women Voters felt it was, they
felt the City would most..likely.receive. nothing.at. all. ..
In summary,.the League of Women.Voters with all due respect to the'Planning
Department staff who.ha& worked to produce a this program in very limited
amount of time, suggested that the City. Council narrow.its focus to 1
concentrate on the urgent need for housing and to prepare a proposal more in
keeping with anticipated funding.
The City Council discussed with the Community Development Director, in view of
his presentation and the presentation by.the League of Women Voters, the
approach taken by the Planning staff.in the preparation of the proposed pre -
application for Federal funds under the 1974 Housing and Community Development
Act:
Vice Mayor John Brown declared the hearing open for public discussion.
Mort Baldwin, coordinator for Project COPE, spoke in support of.the.City getting
federal funds in order to make public facilities available to the physically
handicapped for their use?. He-urged that funds be applied for so that these
needed improvements could be made. He also stated that he was urging the City
Council-to apply for funds to support. a.greater Grass Roots organization.in the
City to serve the needs of the low income people.
Barry Barnhill, Rockview Place, was opposed to the City's plan for- developing
housing•by. removing non - conforming businesses. He stated that his business
had been:here. long before: it was annexed to the City and he, did not see.why
he should destroy his property in order to accommodate a few more shacks for
the low income of San Luis Obispo.
Frank Canaan, San Luis Welding Works, Palm Street, was opposed.to the
1
development as submitted'by the Planning Department as he felt-his welding
works had been located on the corner of Palm and Nipomo Streets for many,
many years; caused no one.any: problem, and did not feel he should give up
his property in order.to accommodate a few more low rent housing units.
Linda Malay, Crystal Springs.{Vater,..Rockview Place, opposed:the.staff's
plan of removing their property which-was presently non- conforming.as she
stated that their water works was located where the springs were and the
springs could not be relocated. She stated that if they left; the springs
would be damaged by having housing put over them. She was definitely opposed
to the proposal.
Ruth Wirshup, City Housing Authority;.supported, the City's efforts in applying
for federal funds to develop additional housing.for.San Luis Obispo. She did
not:.support the .staff's plan.to•tear down businesses.in order to develop housing.
She felt there were better ways to develop.housing without destroying existing,
business operations.
Mrs. Richard Barnhill; Rockview.Place, also was opposed to the staff's proposal
to develop low rent housing on.her property'at the same time.destroying. the use
that-she had•for most of her lifetime.'
Kevin O'Connor, representing the ASI; Cal Poly, stated that on behalf of
the student body they would support any program that might develop housing
for the people of San Luis Obispo. He said that there was insufficient.
housing not only for students but for the working within the community
and trying to live here: He gave for an example the number of people who
worked in the City but must commute long distances in order to have adequate
housing for their families. He fel.t.this commute was ridiculous in a
period of time when everyone:was trying to conserve energy and time.
City Council Minutes
February 18, 1975
Page 9
Rich Chubon, Executive Director of the City Housing Authority, stated that
any housing developed under the 1974 Housing and Community Development Act
would not be under the normally developed low rent housing, but would be
developed with the funds through private developers most probably for
medium level income population. He felt that there existed in the City a
great need for low income housing, which the City Housing Authority could
not supply and might never supply due to the great numbers of housing units
that were needed. He felt that in his opinion the proposal by staff was
a good one, especially in getting into an area that he felt HUD was looking
for, the medium income dweller who needed housing and it would also
strengthen residential neighborhoods by removing any commercial or industrial
developments and operations in these areas. He again reviewed for the City
Council and the public present the three -year program as recommended by the
City.
Reverend Lewis felt if the City took down his church on Brook Street, he hoped
the City would help the members of the parish acquire the land so they could
continue to serve them with adequate church facilities.
Ken Smee, Smee's Plumbing and Heating, felt that with a little effort, the
City could find land to develop housing without destroying long - established
businesses in the community.
Vice Mayor Brown declared the public hearing closed and limited the discussion
to the City Council and staff.
Robert Strong felt that the housing should be the main thrust of the City's
1974 application, but that the pre - application should continue to include the
concepts of non - conforming use abatement, infrastructure improvements, tax
rebates, social service facilities, etc. He did agree that housing needs should
be emphasized.
Councilman Norris suggested that the City staff go back to the drawing board
and make the pre - application emphasize housing and community development funds.
He would support the proposal for COPE, he would support the Brook Street,
Rockview and Terrace Hill redevelopments for curb, gutter and sidewalk, and
sewer and water, but he was opposed to the removal of non - conforming uses
without additional housing and improvements but would support additional
funding for the elderly. He stated he would oppose the removal of businesses
of non - conforming use, he would oppose the tax rate rebate scheme, and he
would oppose any thought by the City of purchasing the Mission High School
buildings and property. He asked that these items be taken out of the pre -
application as he felt there was a greater need for federal funds for develop-
ment of a water distribution system and a fire protection system.
Councilman Gurnee felt that there was a great need for housing within the
community but felt that the staff proposal dealing with non - conforming uses
was not one of the City's more pressing needs. He did not feel that these uses
were causing blight in the community. He did agree that there was a need
for low and medium income housing and that the staff plan did not answer these
needs. He hoped that the City Council would redraft the pre - application
with emphasis on redevelopment of Terrace Hill area and updating the water
system that was needed and get funds from the federal government to proceed
with this work.
Councilman Graham agreed with public comments that the citizens did not want
more low rent housing to serve low income families. He felt that the federal
funds should be obtained for medium income families to give these citizens the
' opportunity to acquire decent housing. He felt that the planning report was a
dream and could not be accomplished.
Vice Mayor Brown agreed that the application for funds should emphasize housing
in order to get housing as the first priority. He also felt the first year's
funds should result in housing for the community and not just acquiring a lot
of land.
City Council Minutes
February 18, 1975
Page 10
Robert Strong, Director of Community Development, stated that upon hearing the
Council's reaction and the public's reaction to his proposal that this matter
be continued to the February 24 meeting at which time a modified program could
be presented for the City Council's consideration.
On motion of Councilman Gurnee, seconded by Councilman Graham this matter was
continued to Monday, February 24, 1975, with staff to revise the pre - application
for federal funds with emphasis on housing.
Motion carried on the following roll call vote: '
AYES: Councilmen Gurnee, Graham, Brown and Norris
NOES: None
ABSENT: Mayor Schwartz
Vice Mayor Brown called a recess at 10:22 p.m.
The meeting reconvened with all councilmen present, Mayor Schwartz absent at
10:50 P.M.
-----------------------------------------------------------------------------
On motion of Councilman Gurnee, seconded by Councilman Norris the following
consent items were approved as recommended: C -1, C -2, C -4, C -5, C -6, C -7, C -8,
C -9, C -12, C -14, C -15, C -16, C -17, C -18, C -19, C -20, C -21, C -22, and C -23.
C -1 Claims against the City of San Luis Obispo were authorized paid
subject to approval by the Administrative Officer.
C -2 The City Council minutes of November 4, 18 and December 16, 1974
were acknowledged and approved.
C -3 Memo from Jack Kellerman, Chief Building Inspector, regarding '
property owners in Underground Service District #7 who have not made pro-
visions for accepting utility services from an underground source, thereby
making impossible the February 28 deadline for completion by the utility
companies.
On motion of Councilman Gurnee, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2725 (1975 Series), a resolution
of the Council of the City of San Luis Obispo further extending the completion
date for Underground Utility District No. 7.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Brown and Graham
NOES: None
ABSENT: Mayor Schwartz
C -4 Letter from Neil Webre requesting the City Council to implement a
supplementary senior citizens' transportation plan on a three -month experimental
basis was referred to the Transportation Committee.
C -5 Request from "Plaza Events" for use of Mission Plaza on May 3 from
10 a.m. to 4 p.m. for "May Day ", a non - commercial adventure with children, and
also requesting the closure of Broad Street between Palm and Monterey for I
safety as well as utilization of games was approved.
C -6 On motion of Councilman Gurnee, seconded by Councilman Norris the
following resolution was introduced: Resolution No. 2727 -A (1975 Series), a
resolution of the Council of the City of San Luis Obispo authorizing the City
Clerk to make the official canvass of the results of the March 4, 1975 General
Municipal Election.
City Council Minutes
February 18, 1975
Page 11
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Brown and Graham
NOES: None
ABSENT: Mayor Schwartz
' C -8 Report of Water Quality Control Board meeting of Friday, February 14,
1975, regarding the City of San Luis Obispo, San Luis Obispo County - Order #75 -13,
NPDES #CA0049224 (revision) was ordered received and filed.
C -9 Communication from the San Luis Obispo County Municipal Court advising
the City that the Municipal Court would no longer fund the pre -paid postage
account at the San Luis Obispo Post Office, for parking violations, effective
May 1, 1975, and transmitting a copy of letter to County Administrative Officer
questioning the high level of service being given to the City and to Cal
Poly was ordered received and filed.
C -10 Memorandum from Dave Williamson regarding alternates for City
representatives on the Zone 9 Committee. Robert Strong was appointed as
alternate to the Zone 9 Advisory Committee.
C -11 Report from Dave Williamson regarding the Proposed Program of
Water Resources Planning for Santa Barbara County was ordered received and
filed.
C -12 Request from A.J. Shaw, Jr., City Attorney, that his secretary be
permitted to attend Legal Secretaries Seminar in San Mateo sponsored by the
University of California, on April 19, 1975, with the City paying for food,
travel expenses and registration fee was approved.
C -13 Request from Bill Greenelsh, Chairman of the Good Friday Outdoor
Program Committee of the San Luis Obispo Ministerial Association, for permission
to block off Garden at Higuera Street and at Marsh Street from 12 noon to
1 p.m. on Good Friday in order to present a Good Friday musical and speaking
presentation. A portable platform and amplification equipment would be used.
This request was approved.
C -14 Request from the Rainbow Girls #24 to use Mission Plaza between
the hours of 12 noon and 5 p.m. on Saturday, March 1, 1975, or in case of
rain March 8, 1975, to "Build an Ice Cream Sundae" was approved.
C -15 Letter from Stephen T. Frank, Attorney, requesting the City of
San Luis Obispo provide a defense for Richard Bosserman in the lawsuit
"Pierce vs. the City of San Luis Obispo, et al." was approved.
C -16 A. Utilities Agreement pertaining to relocation of the City's
sewer lift station near the intersection of Broad Street and Rockview Place.
B. Copy of the communication regarding the cost breakdown of
the above.
On motion of Councilman Gurnee, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2734 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement with the
State Department of Transportation for the relocation of a sewer lift station
' at Broad Street and Rockview Place, and authorizing the Mayor Pro -Tem to
execute said agreement.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Brown, and Graham
NOES: None
ABSENT: Mayor Schwartz
City Council Minutes
February 18, 1975
Page 12
C -17 Claim against the City of San Luis Obispo by Charles A. Pratt
Construction Company for non - payment of $88,592.51 plus interest from
8/1/74, for work done under contract HIGUERA STREET AND LOS OSOS VALLEY
ROAD (EXTENSION) STREET, SEWER & WATER IMPROVEMENTS, TRACT 467, City Plan
No. 27 -73 was denied and referred to the City Attorney for action.
C -18
Claim against the City of San
Luis Obispo
by Michael Kelly Morgan
for
false arrest was denied and referred
to the insurance carrier.
C -19
Claim against the City of San
Luis Obispo
by Harry S. Zelazny,
'
1521
Palm Street, for failure to connect
sewer line
from his house to main
sewer
line by contractor under City contract
was denied and referred to
the
insurance carrier.
C -20 The Administrative Officer announced the appointment of Myron
Torik as Maintenance Man II starting at Step 1 or $700, effective 2/16/75,
subject to a one -year probationary period.
C -21 The following salary step increases were approved effective
March 1, 1975:
Daryl G. Andrews - Police Officer
From Step 3 or $1,002 to Step 4 or $1,056
Donald W. Pratt - Police Officer
From Step 2 or $946 to Step 3 or $1,002
Michael W. White - Maintenance Man II
From Step 1 or $700 to Step 2 or $738
C -22 Communication from Department of Transportation regarding 1973
Federal Aid Highway Act was referred to the Mass Transportation Committee.
C -23 Requested continuation of the public hearing on Resolution No. 2722, I
a resolution of intention to abandon a portion of Hathway Avenue was approved
and continued to March 3, 1975.
C -24 Administrative Officer announced the appointment of Robert Mote as
Utilities Engineer, effective April 1, 1975 at Step 4 or $1,460.
4A. Discussion of a memorandum from A.J. Shaw, City Attorney, regarding
amending Ordinance to Regulate Vehicles upon Unimproved Private.Property.
A.J. Shaw, City Attorney, stated that at the December 9, 1974 meeting an
ordinance was proposed by the City Council to regulate vehicle use upon
private property, which would: (1) change the authority to return impound
vehicles from the Council to the Chief of Police, (2) clarify the provisions
concerning a guilty equivalent of previous offenders processed through the
juvenile court, and further (3) the staff was asked to report back on
alternatives as to costs to be assessed against the property owner.
Since that time, the City Attorney stated he had been advised by the Citizens
Advisory Committee that they prefer an ordinance that generally banned
recreational uses of vehicles on unimproved private property within the
City without relying upon provisions as to whether or not the property
owner had given permission to use his property for such purposes.
Therefore, the City Attorney stated he had prepared a new ordinance which '
concerned itself only with whether or not such use of private property
increased the noise level on other residential premises. The amendment
did not refer to cost assessment because the property owner was no longer
involved. Further, the proposal showed the Chief of Police had been sub-
stituted as the initial authority for reclamation of impounded vehicles.
Finally, he stated he left out the wording as originally proposed concerning
a guilty equivalent for previous offenders processed through the juvenile
court. He stated that juvenile court records were sealed and the police did
City Council Minutes
February 18, 1975
Page 13
not have access to such records. Further, there was'no such thing as- guilty
in juvenile court proceedings.. No. matter how.much a juvenile may protest
that he was not previously found guilty;_there was'no way the police could
verify the nature or result of the proceedings before the juvenile court.
He then read the proposed new section in the Municipal Code dealing with
regulation of vehicle use'upon private property.
Charles.Dills, Chairman,.Citizens Advisory Committee, appeared before the
City Council on behalf of the proposal.submitted by them.at the December 9,
1974 meeting regarding an ordinance.to control motor vehicles on private property
together with data and citizens' opinions as to the need. At the February 3,
1975 meeting the City Attorney submitted a slightly revised version and the
City Council at that time asked the Citizens Advisory Committee t'o review
the two proposals and present a recommendation at this meeting.''
He concluded that the CAC agreed upon`.the.consolidation of the two proposals
as submitted.by..the'City Attorney: The Committee felt the consolidation
provided.broader coverage than either of the two previous versions and in
no way- d 'etracted from the original"inient'or hindered the enforcement thereof.
Therefore, the Citizens Advisory Committee recommended that the.City Council
take the necessary steps towards adoption of the amendment.
Vice Moor John Brown opened the meeting for public input.
Elmore.Reynolds, San Luis Cyciery, stated'that'he did'not feel that the
proposed ordinance would do what the City Counci3 expected it to do.' He'
felt that what was really needed was'a place for these young people to,ride
their motorcycles without interference and under supervision. He .was opposed
to the adoption of the new ordinance.
John Motley; Yamaha Cycle Dealer,..reported that there was some legislation
now.being - proposed to control.motorcycle:noise within.the.State of.California.
He.felt the new ordinance as proposed by the City Council this evening would
not do what the City Council wished.
Donald Cross,-motorcyclist, was .opposed to the proposed- ordinance. He felt
that there'were sufficient.laws.on..the books and,that.they did not need an
additional unenforceable ordinance for people to worry about.
Mrs. Martha Haumont, 1269 Fernwood'Court, opposed to the :ordinance as she
felt it was wrong as it put too much authority in the Police Officers to act
as both arresting officer and judge. • She felt that her experience with the
Police Department of San Luis Obispo involving-her children, the policemen
were not capable of being judges.
Dr. Andy Jones was in support- of.some._ordinance that would protect the peace
and quiet of the neighborhood residents.without interference with motorcycles.
He felt .that these people using these..motorcycles knew that they were annoying
the public and continued to ride their''motorcycles hour after hour after hour.
He hoped the City Council would do something to relieve the property owners
of this nuisance.
Ross Barnett, motorcycle expert,.was.opposed to the ordinance.as -he felt'it was
completely out of line -and was.unfair.to motor bike riders-.and.owners. He
felt the ordinance was vague and was an overkill. He felt-the only-solution.
was for the City to build and operate a bike track for motorcycle riders at
the public's expense. He stated that the taxpayers pay for baseball fields,
basketball courts, etc. why not build.a.motorcycle track?
Charles Dills, Chairman,.Citizens.'Adivisory Committee, agreed that a track
should be located for use of bike'riders,.but•in the meantime, he felt that
some control should be put to protect the citizens of San Luis Obispo from
this-terrible annoyance.
City Council Minutes
February 18, 1975
Page 14
Robert Valpe felt that property owners should be protected from noise caused
by juvenile bike riders on unlicensed vehicles on the streets of San Luis
Obispo and not only are the vehicles unlicensed but most of the people driving
them were so young they could not be licensed to operate vehicles.
Richard Fenton urged a more temperate approach should there be a need for
this ordinance. He felt there should be some cycle control, but he felt
this proposal was overkill.
Bill Flory, Park & Recreation Director, stated that this Park & Recreation
Commission had looked into funds for development of a cycle track, but to
date had not come up with a program.
Vice Mayor Brown declared the public hearing closed and limited the discussion
to staff and Council members.
Councilman Gurnee stated he agreed that both proposed ordinances were vague
and unenforceable, and he felt that if citizens feel that cycles were
incompatible in the City, then the City should ban cycles in the City. But
at the same time the City should diligently work with the County to provide
a track for bike riders, not only the more experienced riders but the youngsters.
Councilman Norris felt the proposed ordinance was not objective and he felt
it would be unenforceable. He would support an ordinance clearly written to
control violations of noise caused by these vehicles.
Councilman Graham stated he did not feel the proposed ordinance would do
what the Council and the CAC expected it to do. He felt the City needed better
control and he too would cooperate in supporting the County to provide a cycle
track for bike riders.
Councilman Gurnee moved that the City proceed diligently to work with the
County to provide a bike track within the County area and a report back to
the City Council in 30 days, and pass to print the amended ordinance as
discussed this evening.
Motion died for lack of a second.
On motion of Councilman Graham, seconded by Councilman Gurnee that this matter
be continued for 30 days and that the City try to get cooperation with the
County in acquiring land for a cycle track and continue this hearing to that
time. Motion carried on the following roll call vote:
AYES: Councilmen Graham, Gurnee and Brown
NOES: Councilman Norris
ABSENT: Mayor Schwartz
Due to the lateness of the hour, Vice Mayor John Brown continued items 5
through 19 of the regular agenda of February 18, 1975 to 7:30 p.m. on
Monday, February 24, 1975.
There being no objection from the City Council, the meeting adjourned at
12:15 a.m.
J
APPROVED: June 16, 1975
itzpatrick, City Clerk
1
J
1