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HomeMy WebLinkAbout02/16/1971MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 16, 1971 - 7:00 P.M. City Hall Pledge Roll Call ' Present: Emmons Blake., Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz City Staff Present:. R.D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; W. Flory, Park & Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E.. L. Rodgers, Police Chief; E. P. Thompson, Water Department Director. ----------------------------------------------------------- -------- - - - - -- C -1. The City Council authorized payment of claims against the City for the month of February, subject to the approval of the Administrative Officer. C -2. The City Council approved the minutes of January 11 & 18, 1971. C -3.. A communication from the California Regional Water Quality Control Board regarding new procedures for State and'Federal grant programs for community wastewater treatment and disposal facilities was ordered re- ceived and filed. ' C -4. A communication from the State Division of Highways notifying the City of the rescheduled hearing on the design.features of Route 1 between Marsh Street in San Luis Obispo and Baywood Park undercrossing near Morro Bay which will be held March 11, 1971 was received and filed. C -5. The City Council accepted the recommendation of the Advisory Com -_ mittee on Joint Recreational Use.of School District Property for adoption of rules for use of San Luis Obispo Baseball Stadium. C -6. The City Council approved the request of the San Luis Obispo Garden Club to hold a plant and flower sale, license free, with proceeds to go to a worthy project on April 10 and May 8, 1971. The Administrative Officer was authorized to grant permission for any future requests. C -7. The City Council received a communication from J. H. Mullin request- ing that the Council declare April 3rd as Alex Madonna Day. Councilman Graham questioned the passing of a resolution or a proclamation for an individual living and still operating in the community as he felt that this would start a precedent for all successful business people to have a day named in their honor. Councilman Miller was opposed to the City honoring an individual as he felt that this would open the door and every person would be entitled to have a day proclaimed in their honor. Councilman Blake felt this was a logical request due.to the number of employees hired by Alex Madonna in the City of San Luis Obispo and the benefits derived from the Madonna Inn. He felt Alex Madonna should be honored for this "contribution to the City. Councilman Spring agreed with the contribution to the City of San Luis Obispo not only through the Madonna Inn and the construction company but through community projects.. He felt Alex Madonna.should be honored as ha had:made a great contribution to San Luis-Obispo. City Council Minutes February 16, 1971 . Page 2 On motion of Councilman Spring, seconded by Councilman Blake, that the Mayor be authorized to proclaim April 3, 1971 as Alex Madonna Day in the City of San Luis Obispo. Motion carried on the following roll call vote: AYES: Emmons Blake, Arthur F. Spring, Kenneth E. Schwartz NOES: Myron Graham, Donald Q. Miller ABSENT: None C -8. The request of the Citizens Advisory Committee that the City Council support the goals and regulations stated in the Workable Program, Codes and Enforcement, Item 7, and allocated the funds necessary to comply was referred to the budget session. C -9. Communication from the attorneys for Melvin Hahn of the Don Motel and Ed's Take =Out concerning double billing by the garbage company when both businesses use the same facilities was referred to the Council Garbage Study Committee. C -10. The City Council authorized the Mayor to execute the agreement with the County Health Department for participation in the Cross- Connection Control Program. C -11. The City Clerk reported that the following bids had been received for the Traffic-Signal Installation at Madonna Rd. and So. Higuera Street, City Plan 13 -71, Bids opened February 11, 1971 at 2:00 P.M. Bids received: Steiny & Company, Inca $18,364.00 ' Lee Wilson Electric $18,365.00 Continental Electric Co. $20,470.00 ENGINEER'S ESTIMATE $210000.00 The City Council accepted the lowest bid and awarded the contract to Steiny & Company. C -12. The City Clerk reported that the following bids were received for the Santa Rosa Street Widening Project - Monterey Street to Higuera Street, City Plan 5 -70. Bids opened February 16, 1971 at 2:00 P.M. Bids received: C. S. Construction Company $ 9,945.00 Pismo Beach, CA. Conco $10,992.50 . San Luis Obispo Kleinhammer Construction $10,402.00 Morro Bay, CA Burke Construction $ 9,810.00 San Luis Obispo ' R. McGray, Inc. $ 8,778.00 Santa Maria, CA ENGINEER'S ESTIMATE $ 8,662.50 The City Council accepted the lowest bid.and. awarded the.contract.to R. McGray, Inc. of Santa Maria. C -13. The City Council approved the following salary step_ increases: 1 1 1 City Council Minutes February 16, 1971 Page 3 Bedford, Gerald - Janitor From Step 1 or $456 to Step 2 or $484 Carrasco, Robert - Police Officer From Step 2 or $734 to Step 3 or $776 Dopp, Alice F. - Senior Librarian From Step 2 or $674.to Step 3 or $712 On motion of Councilman Graham, seconded by Councilman Miller, the consent items were approved as indicated. 1. The City Council received a petition from the residents of Motley Avenue and Longview Lane requesting the use of the name Longview Lane for the.entire street and acknowledging that a..change of numbering would be necessary to accomplish the change. The petition was referred to the City Plann.ing Commission for study and report and recommendation to the Council. 2. A communication from Ready Realty offering the City of San Luis Obispo the necessary land for the widening of Johnson Avenue adjacent to their property at the Southeast corner of Marsh and Johnson and for this con - sideration.the City would remove and replace.at the new street line, the existing curb, gutter and sidewalk and trees and whatever adjustments were necessary to continue the.utility service, and the acacia trees presently in the park.ing strip would be removed and appropriate trees planted. The request was referred to the City Engineer for complete cost analysis of the proposal. 3. The City Council.received a communication from Alf and Alice Starkie, Arch and Olive Lux and Claude and Dorothy Batchelor regarding annexation of property near Felton Way to the City and requesting the status of annexation proceedings which were started in November 1969. H. Johnson, City Attornry, stated that the delay in the completion of this annexation was caused by the fact that the administrative staff of Cal Poly was waiting ;fon a final decision on the complete annexation of Cal Poly and not just this small parcel as it was their feeling that they would rather go before the Board of State College Trustees with a single package for annexation rather than several smaller annexations. The City Attorney was asked to contact Cal Poly to see if they would agree to go ahead with this annexation. If not, he was to investigate the possi- bility of just annexing Highland Drive and the intervening.property. 4. At this time the City Council held a public hearing on the recommen- dation of the Planning Commission to rezone from R -1, R -2 and R -3 to R -H that property bounded generally by the Scuthern.'Pacific Railroad right =of- way, Rachel Street, Ella Street and Sierra Way. R. D. Young, Planning Director, presented the following recommendations of the Planning Commission as follows: "1. This application was initiated by property owners within the blocks now Commission to zone the.ir.property to a The staff recommends that the area of the existing R-.3.zoning in the area to the Planning Commission. Several zoned R -1 petitioned the Planning high density residential zone. rezoning be expanded to phase out a corresponding zone. 2. It is the Commission's opinion that the change of zoning.as proposed would not adversely affect the neighborhood and would be consistent with the Planning Commission's efforts to phase out obsolete zone districts throughout the community. This rezoning. will: encourage. the' redevelop- ment and up- grading of the area and will only slightly increase the overall density now permitted in the area.w City Council Minutes February 16, 1971 Page 4 The City Clerk presented the City Council with a petition signed by 116 individuals opposing the proposed rezoning and requesting that the area be rezoned for R -1 and R -2 uses only. Mayor Schwartz declared the public hearing open. Mel Hahn, property owner, stated he supported the City's proposal to re- zone this area to R -H. He felt that the proposal met the conditions of ' the General Plan and further felt-this area was developing to multiple uses. He did not feel that there would be any development to R -1 or R -2 due to the land cost and the .changing trend in the area. A. Hiltunen, 2045 Swazey, stated he was opposed to the recommended change in zoning on the basis that his taxes and those of his neighbors would be increased because of the higher uses.allowed on the property. .He contin- ued that he would like to have his property zoned R -1 as he felt that this was a nice residential area although. the houses were old, but he.felt they were well maintained. He further stated the residents of the area did not want any more student housing or student apartments-due to the-traffic congestion and the parking problems brought about by the students living in the area. He also felt possibly by enforcing the various codes of the City, these older homes could be brought up.to a higher standard. Edith Mathews, 2027 Swazey, stated she was opposed to the proposed.re -: zoning primarily on the basis that the changes to higher density resi- dential would cause traffic congestion in.the area. She felt this was due primarily to the large influx of students in the area who have great numbers of motor vehicles. She continued that she, too, would like to prohibit multiple dwellings.in the area and would like.her property zoned back to R -1. John Anderson, student, questioned the Planning Commission and. Council policy of considering the placing of multiple dwellings near .a railroad switching yard. Mayor Schwartz declared the public hearing closed. D. F. Romero, City Engineer, stated that Swazey Street was only thirty - five feet wide and any high density residential development on this street would cause real traffic problems. Councilman Miller reviewed some of the problems that.affected this area over the years starting with the closing of the Osos Street crossing that isolated the residents of this area from the rest of the City. He.felt that this area had deteriorated in value due to the difficulty in getting in and out of the area for the residents.. He also felt that the traffic problems had increased due to the influx of high density development. He continued that it was his opinion that the only way to up -grade the area was to rezone to a higher use and only through this.means could the area develop.and_ insure the necessary public improvements such as curbs, gutters and sidewalks and water improvements. He further felt he would support the recommendation of the Planning Commission to rezone to R -H. Councilman Graham stated that based on the City Engineer's comments that the streets were substandard and the Water Superintendent's statement that the water service was inadequate, he did not feel-that higher den- sity should be allowed at this time. ' Councilman Spring stated he would support the citizens who signed the petition and would oppose the rezoning to R -H. . Councilman Blake felt in the long view it:might be better to leave the area zoned R -1 and to rezone the R -3 area to R -H and he hoped that the joint action by the City and property owners could be developing the necessary utilities to ultimately support higher density. City Council Minutes February 16, 1971 Page 5 Mayor Schwartz stated that.he was impressed by the petition signed by so many property owners and.he would go along with the request, but he would also request of the property owners to enforce all building codes in order to up -grade the residential property in the area. He stated he would also support the request of the property owners not to zone R -H based on the fact that the residents have stated they will request re- ' zoning for R -1 and R -2 uses. On motion of Councilman Blake, seconded by Mayor Schwartz, that the recommendation of the Planning Commission to rezone be denied and that the Planning Commission be asked to study the request to rezone the property to R -1. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 5. At this time the City Council held a public hearing on the recommen- dation of the Planning Commission to prezone land from County A -1 AH to City PD R -H AH that 53 acres on the east side of Edna Road between Tank Farm Road and Buckley Road extended. R. D. Young, Planning Director, . presented the following recommendations of the Planning Commission: 1. A precise plan shall be submitted within six months from date of ' approval of the preliminary plan and construction shall commence within one year from date of annexation. 2. A detailed landscape plan showing plant materials and method of irrigation shall be.submitted.to the Department of Planning and Building for approval. 3. The development shall be enclosed with a six -foot solid fence. 4.'An additional two guest parking spaces shall.be provided in Phase A and two additional spaces in.Phase C. 5. Street trees shall be planted along the Edna Road frontage in accordance with City Street Tree Ordinance standards. 6. Developer: shall install a 12 -inch water main from-the existing main in South Broad Street, said main extending across the entire Edna Road frontage of the proposed development.. 7. Installation of two City standard hydrants on Edna Road with street valves at locations as specified on the Fire Department approved and stamped plans. 8. Developer shall install an interior water supply system from an eight -inch Hersey FM meter at Edna Road - interior water supply - arrangement and diameters as per the Fire Department approved and stamped plans. 9. Developer shall install City standard hydrants with street valves at those locations as specified on the Fire Department approved and stamped plans. a. Phase "A" - 12 hydrants. b. Phase "B" - 8 hydrants. c. Phase "C" - 3 hydrants. 10. Hydrants in each phase shall be installed and fully operable ' prior to start of any combustible building construction. 11. Curb sections 15 -feet long at all interior hydrants shall be painted.red, with permanent all weather signs posted at each hydrant reading "Unauthorized Vehicles Towed away at Owner's Expense. 4220.3 MC, 22658 V.C., SLOPD Phone 543 - 3131 ". 12. All interior street widths, corner and cul -de -sac radius to .conform with the requirements of the Fire Department. 13. All building structural plans shall be submitted to.the Fire Department for approval prior to the start of construction. City Council Minutes February 16, 1971 Page 6 14. Developer shall provide for the widening on Edna Road in accor- dance.with the adopted Division of Highways plan and shall conduct site earthwork to conform with preliminary street grades, and post a bond to assure the.construction of curb, gutter and sidewalk.in conjunction with the.future State highway project. 15. The developer shall extend sewer and water mains from the nearest point of adequate service at Tank Farm Road to the South boundary of the planned development in accordance with a master plan size to be adopted by the City. The City, will pay for excess capacity beyond that size needed by the development. 16. The developer shall pay the City for a share of the capacity in the lift station and force main serving this area. 17. The developer shall dedicate 15 feet additional right -of -way along the unamed county road at the northerly property line, and shall construct a fence on the new property line to a City approved grade for this street. 18. The developer shall dedicate 30 feet of the Pacific Coast right - -of -way and shall install his fence along the westerly line of this right -of -way to a City approved street grade. 19. The developer shall place the Edna Road fence along the future proposed right -of -way line to be adopted by the Division of Highways. 20. The developer shall show on the preliminary planned development the method he has selected and the approximate size of drainage structures to handle flows entering the property from the drainage channel to the northeast. This improvement shall be within a dedicated City easement. 21. The developer shall improve the creek channel to a high esthetic standard with adequate capability to serve.future flows, to.the approval of the Planning Director and City Engineer. 22. Interior streets and the bridge over the creek shall meet City standards for local streets as far as structural capacity and drainage capability are concerned. The bridge shall allow.for two 12 -foot travel lanes and two six -foot sidewalks with appropriate guard rails. 23. The developer shall extend a City standard sewer main in an appropriate easement to extend to serve the property to the East. 24. Avigational easements shall be granted to the County of San Luis Obispo giving rights to the use of the air space for flight of aircraft over the described property. Mayor Schwartz explained what was being proposed by stated that the conditions conditions under which the amendments would have to be Commission. presented by the Planning Planned Development would approved by the Council Mayor Schwartz declared the public hearing open. this prezoning and Director were the be developed. Any and Planning Henry Diel, engineer for the developer, stated that on behalf of the developer, all twenty -four conditions were accepted for the Planned Development. He then presented artist's renderings of the proposal that this property would develop into a high -class mobile home park. He briefly reviewed the amenities.being developed by Danley in this park. He con- tinued that he and the developer objected to a proposal of L. D. Fuller and Earl Wisberg for the improvement of the county raod adjacent to the Danley property on the north on the basis that the mobile home park would not use the road even if forced to give the land as they only wished to have one major ingress and egress from the park for control purposes. Further, the back of the park would be up against the setback along this county road. L. D. Fuller stated that he and his neighbors were in favor of the Danley mobile home park development and would support the proposal but they felt that something should be done for future improvement of the county road lying between the Danley property and the Fuller - Wisberg 1 1 City Council Minutes February 16, 1971 Page 7 properties: He continued that some time in the future this road would be the only access road from Edna Road to property east of the old Pacific Coast Railroad right -of -way and he-felt that it should be a sixty foot road and that Danley should con.tribute.more land so that it could be equitably developed for both properties. Mayor Schwartz declared the public hearing closed. D. F. Romero, City Engineer, explained that the staff and Planning Commission had felt that the fairest approach would call for dedication of needed street widening to be taken equally from each side of this county road, and that by the time widening were taken from the north side, these wells and building improvements would no longer be in service. It had been the feeling of the staff and Commission that requiring the Danley development to improve this roadway and install sidewalk and curb and gutter would bean unreasonable expense on the developer since he would not have access to this road. However, neither Mr. Romero nor the Planning Commission would have any objection if the Council desired to impose some improvement requirements. Councilman Blake felt that any land needed for widening of the county road 8105 should come off the Danley property and not from the Fuller - Wisberg land as widening this area would encroach on fresh water wells and existing buildings. Councilman Miller disagreed with this proposal stating that past City policy was that any land necessary for street widening would be taken equally from each property owner in this case as the existing road was th:irty feet, then fifteen feet should come from Danley and fifteen feet from Fuller - Wisberg. ' Councilman Graham stated that he .agreed with the.comments of Councilman Blake that the land only be taken from Danley in order not to damage the Fuller- Wisberg wells and improvements. Mayor Schwartz agreed with Councilman Miller stating that any land for street widening should be acquired equally from each property. owner. He also felt that he could not agree with the Planning Commission's recom- mendation of not requiring this county road to be developed to minimum standards. Councilman Spr.inq felt there was no need for street improvements at this . time but that they should be placed when requested by the City. Councilman Blake also saw no need for street improvements at this time .but when needed they should be put in by the developer. Councilman Graham stated he hoped that the trees in the creek and road right -of -way could be saved but felt that the land needed for this pur- pose be granted by Danley to protect the trees. Mayor Schwartz felt that the City should hold the developer responsible for one -half the property for the street with installation of minimum street improvements with equal contribution of land by.all_ participants adjacent to the street with the City to participate in the'bridge ex- tension at the time it is necessary. It was the consensus of the City Council.that the land for a sixty foot road way be taken equally from each property owner and that Danley develop minimum street improvements including curbs and gutters on his.p.ortion of the street. Councilman Blake questioned whether condition #24 dealing with the avi- gational easements would be sufficient in view of the County Planning Commission objections. City Council Minutes February 16, 1971 Page 8 R. D. Young, Planning Director, stated that condition #24 of the Planned Development had the approval of the County Planning Director. On motion of Councilman.Graham, seconded by Councilman Blake, the following ordinance was introduced. ORDINANCE.NO. 517, an ordinance amending the Official Zone Map of the City of San Luis Obispo. In- cluded in the motion was the modification of condition #17. Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, . Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 6A. E. L. Rodgers, Police Chief, presented the following report as a result of a survey conducted of the Laguna Lake area regarding the use of Laguna Lake Park for mini -bikes and motor cycles. Based on this report the Police Department made the following recommendations: 1. That a speed limit of 15 mph be posted on the main roadway. 2. That.the City, District Attorneys and.the.Judge agree to adjudicate the citations written from the California.State Vehicle Code. 3. That all motorcycles be.equipped with a.spark.arrestor ap- proved by either the Fire Department or State Forestry.. 4. That a fence of hog wire with two or three strands of barb - wire on top be installed from.the entrance to the park, easterly to existing fence. 5. That a designated area be provided for bike riders. Several of the residents of Oceanaire Drive questioned the survey-pre- pared by the Police Department and they hoped that before the City Council took action, the results could be studied and discussed with the property owners. The City Clerk was.requested to.send each resident on Oceanaire Drive from Madonna.Road to Los Osos Valley Road a.copy of the Police Depart- ment's report on the survey. Item 5 of the report dealing with a distinct area for motor bike riding was referred to the Park and Recreation Department for report and recommendation. 6B. Chief Rodgers brought to the.Council's attention -the request of the Free University for use of Laguna Lake Park on Saturday, February 20th for a "Be- In'.'. The Police Chief asked for guidance on this matter due to the great number of complaints received from the residents.of the Laguna Lake area. Dennis Hynes, 1486 Oceanaire Drive, urged the City Council to deny the use of the park to any large group due, to the fact that they were not under any control or supervision and that the nuisances created by these-participants was.under no control. . Douglas Donaldson, 1 Buena Vista, explained to the City Council the problems caused by the large gathering at Cuesta Park on February 13 and stated.that he personally. walked through the area and no nuisances or sanitary problems existed. He found the only real problem was.the parking on both sides of the entrance to Cuesta Park. Councilman Miller moved to issue the permit to the Free University for the Be -In on Saturday, February 21. The motion died for lack of a second. Councilman Miller moved that the City Council grant permission for the Free University and that the City supply the additional chemical toilets. Motion died for lack of a second. 1 1 n City Council Minutes February 16, 1971 Page 9 W. Flory, Park and Recreation Supervisor,: suggested to the City Council that each group using the park facilities be required to supply their own chemical toilets if the number exceeds the capacity of facilities available. On motion of.Councilman.Blake, seconded by Councilman Graham, that a permit be issued to the Free University subject to the following conditions: 1. Clean up area after use..($25.00 cleaning fee to be deposited with application, to be refunded if area is clean upon -inspection. 2. Control of all sound amplifiers. 3. Comply with State Alcoholic Beverage Control laws. (Special emphasis on minors drinking) 4. Provide adequate portable sanitary facilities for persons attending meeting over and above those provided by the City of San Luis Obispo (450), on the basis of one unit, per sex, for each 50 persons in attendance. .5. Automobile parking to be limited to area along access road only. Councilman Spring stated he was opposed to allowing this type of function on City property. Councilman Miller stated that he would vote for the motion but he felt the City, through the Parks Department, should be the agency to supply the necessary toilets as he did not feel the City Council did enough things to help the young people who use the City's parks. The motion carried with Councilman Spring voting no. ' 7. Dr. Robert Kennedy, Cal Poly President, reported on his recent meet- ing in Washington, D.C. with officials of the Department of Transportation on the subject of financing a transportation system to serve San Luis Obispo and Cal Poly. He stated that it was his original intent to see-if a demonstration grant could be provided so that a study could be made to see Tf a transit operation would be feasible in the City of San Luis Obispo. He continued that after discussion with these officials, they felt that a demonstration project was not needed but what was needed was a transporta- tion grant to augment a transportation system for the City and College. He continued that it was his feeling from talking with these officials that Federal funds would be made available to the City and Cal Poly to develop an adequate transportation system and he hoped that the City Council and Cal Poly staff could get together and develop :a program and an application for funds to develop a transit system. He concluded stating that a select group of students at the college have been con- ducting a study for development of a bus system to serve the college and the report would be available and he would like them to present their findings to the City Council. The matter was continued to February 22, 1971 for further discussion with the Cal Poly staff and student project leaders. 8. Communication from Peter Kardel suggesting that the City Council con- sider the formation of an assessment district in order to install an eight - inch water line in Monte Vista Place and install a fire hydrant where none exists at the present time. The letter stated that in order to develop a parcel of land he owns on Monte Vista- Place,the Planning. Commission made its recommendation that he , install an eight -inch water line and fire hy- drant to guarantee adequate water flow in case of fire in this area. He felt that it was too costly to burden one property owner, developing one parcel of land, with the cost of this water line and hydrant which would be about $10,600. It was his contention that the property owners in this area would all benefit from the more adequate fire flow and as suggested by the Planning Commission a special assessment district should be formed so that all properties benefiting would pay their share of the cost. City Council Minutes February 16, 1971 Page 10 On motion of Councilman.Miller, seconded by Councilman'Blake,,that the conditions of development follow normal City policy and that the devel- oper connect to the nearest point of adequate.serdice . to serve his property. Motion carried. 9. Communication from the Underground Utilities Coordinating Committee recommending that the City Council consider the formation of Under- ground Utilities District No. 6, which would include the north side of Monterey Street, west side of Broad Street, north side of Palm Street, and the west side of Chorro Street. On motion of Mayor Schwartz, seconded by Councilman Graham, the matter was set for public hearing as soon as the required notices had been published. 10. Council consideration of the final map of Tract No. 402, Laguna Royal Homes. D. F. Romero, City Engineer, presented the final map of Tract No. 402, explaining the methods of development and stated that the final map had been checked and met all conditions of the subdivision ordinance and was technically correct. He also presented for the Council's con- sideration, the conditions of the subdivision agreement as established by the Planning Commission. Ray Skinner; developer, objected to condition number 5 of the subdivision agreement as he stated he wished to plant the trees himself along the public right of way as part of the over -all landscaping plan for the tract. He did not wish to deposit funds with the City for future plan- tings by the City. After discussion by the City Council the subdivision agreement was ap- proved with the following five conditions as amended. 1. Completion of full improvements on Oceanaire Drive and the full drainage improvement, within one year or prior to occupancy of the first unit in Phase A. 2. Completion of improvement adjacent to Phase B and C within -two years or prior to occupancy of the first unit in each phase. 3. City agrees to reduce the bond in Tract 292 to reflect im- provements being bonded in Tract 402. 4. It is mutually agreed that grading permit fees in the amount of $152.00 will be deposited with and treated as normal inspection fees. 5. Developer shall install street trees in accordance with the adopted City Tree Planting Program. Trees.shall be placed 30 feet on center with a 15- gallon stock and of a species approved by the Department of Parks and Recreation. Trees shall be planted prior to occupancy of each phase. On motion of Councilman Miller, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2164, approving the Final Map for Tract No. 402 and authorizing the Mayor to execute the subdivision agreement. Passed and adopted on the following roll call vote: AYES.: Emmons Blake; Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes February 16, 1971 Page 11 11: D. F. Romero, City Engineer, presented the tentative map of Tract No. 403 (Deeter development) located at the northwest corner of Los Osos Valley Road and Prefumo Canyon Road. He-explained the scope of the development of the tract and presented the conditons of the subdivision as established by the Planning Commission: 1. The developer shall fully improve the most westerly street to the curb line on the far side of Tract 403 if developed prior to Tract 410. 2. The developer shall conduct the earth work of one half of Prefumo Canyon Road, and the widening of Los Osos Valley Road; and install curb, gutter and sidewalk on these front- ages. The City shall install the base and paving. 3. The developer shall be entitled to reimbursements as other properties tie into the side of the extended sewer and water facilities.in accordance with City Ordinance. 4. The City will pay for the difference in cost between the 16 -inch water line and the line size required by the developer. 5. Developer shall-install one less valve than the number of pipe runs in each intersection. 6. Developer shall install blow -off in the cul -de -sac if the cul -de -sac remains. 7: . Developer shall provide individual water service to each parcel. 8. Developer shall extend the street water main piping beyond al.l paved areas in intersections where streets might be extended in the future. 9. Fire hydrant locations and all public interior water mains to be installed in accordance with-the requirements of the Fire Department. 10. The developer shall provide easements in accordance with the requirements of the utility companies. 11. For the R -1 portion of the subdivision, a fee of $1.00 per ' lineal foot of street frontage shall-be deposited for the planting of street trees by the Park & Recreation Dept. 12. Developer shall widen the frontages of Lots 9 & 11 to con- form to the minimum requirements of the Subdivision Ordinance. 13. Developer shall submit a new name for the street presently designated La Luna to the Planning Commission for their approval. The City Council had no objections to the tentative map and the map was referred back to the Planning Commission. 12. D. F..Romero, City Engineer,, presented the tentative map of Tract No. 410 (Deeter- condominiums). He explained the proposed develop- ment and presented the five conditions recommended by.the Planning Commission. After discussion, the City Council added a sixth condition, to read "subject to conformance of Planned.Development 0259 ". 1. The developer shall provide easements in accordance with the requirements of the utility companies with easements to be written description. 2. Fire hydrant locations and all public interior water mains to be installed in accordance with the requirements of the Fire Dept. 3. The street along the easterly property line shall be fully im- proved to a berm on the far side if Tract 410 is completed prior to Tract 403. ' 4. The developer shall conduct the earth work on the northerly half of Prefumo Canyon Road and install curb, gutter and side- walk with the City to install base and paving. 5. The developer shall be entitled to water and sewer reimburse - ments in accordance with City Ordinance as properties connect to the side of the sewer and waterlines on Prefumo Canyon Road. 6. Subject to conformance of Planned Development 0259. The matter was referred back to the Planning Commission for further action. City Council Minutes February 16, 1971 Page 12 13. Council consideration of a communication from Councilman Miller regarding the interchange proposed to connect Highway 1 and Freeway 101 was continued. 14. Reports on the progress in the development of Meadow Park were continued. 15A. Council discussion of a resolution concerning the sale of bev- erages in non - returnable containers was continued. 156. Communication from Joseph C. Boone and David W. Hafemeister concerning the sale of beverages in non - returnable containers was continued. 15C. At this time the City Council considered the draft of the rules and regulations proposed for the Air Pollution Control District for San Luis Obispo County. The City Council reviewed several of the proposed conditions, rules and regulations. On motion of Mayor Schwartz, seconded by Councilman Miller; the City Council concurred on the recommendation for rules and regulations for the Air Pollution Control District. Motion carried. 15D. Discussion of the creation of a pollution office within the City structure was continued. 18. The City Council considered a request from Martin Polin that the City grant an encroachment permit for a building to overhang utility easements on property he is developing on Johnson Avenue and Munoz Street. He stated the reason for this request was that the lot was triangular in shape and there are three 50 -foot easements on all three ' sides for various utilities. He continued that there would no building on the easement but that the eves would over -hang the easement and would be encroaching. D. F. Romero, City Engineer, stated he was aware of the problem and had no objection to the over -hang over the utility easement but he wished the property owner to. recognize that any additional cost to the City to maintain the utilities would be paid for by the property owner. Martin Polin stated he would object to guaranteeing'the payment of cost above the normal maintenance expenses without some .idea of the cost as he felt this was like giving the City a blank check for work that might have to be done. On motion of Mayor Schwartz, seconded by City grant a three -foot four -inch overha utility easement subject to the approval of the eves which would permit equipment encroachment was granted recognizing the lot. Motion carried. Councilman Graham, that the ig encroachment over the City of the Engineer of the height to work on the easement. This peculiar configuration of the 19. Councilman Blake reported to the City Council that the Council -staff committee studying the acquisition of San Luis Obispo airport requested that the City Council authorize a request to the State Aeronautics Board for a feasibility study of San Luis Airport. On motion of Councilman Blake, seconded by Councilman Miller, the request was approved and the application was authorized. 20. The City Council adjourned to executive session to discuss property acquisition involving pending litigation. 21. On motion of Councilman Miller, seconded by Councilman Graham, the meeting was adjourned. APPROVED: March 15, 1971 sa H. F1T. TRICK, CITY CLERK