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HomeMy WebLinkAbout07/01/1971Pledge Roll Call Present Absent City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA July 1, 1971 - 7:00 P. M. City Hall Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee Kenneth E. Schwartz, Mayor Present: R. D. Young, Planning Director, J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; Price Thompson, Water Department Director. C -1. The City Council authorized payment of claims against the City subject to the approval of the Administrative Officer. C -2. The City Council approved the minutes of June 7, 1971. C -3. On motion of Mayor Pro -Tem Blake, seconded by Councilman Graham the resignation of the City Attorney, Harold Johnson, was accepted effective on July 15, 1971 or on the date his appointment as judge be- comes effective, whichever last occurs, but in no event, later than the date his successor is to take office, with Mr. Johnson to continue on a full -time basis during the intervening period. Motion carried. C -4.. The City Clerk reported the following bids were received for Mission Plaza Stone Wall, City Plan 29 -71. Bids were opened June 28, 1971 at 2:00 P. M. W. G. Watkins Base Bid $4,868.43 Paso Robles, CA Alternate #1 - 742.04 Alternate #2 - 1,053.17 Alternate #3 - 3,228.49 Calvin Craig. Base Bid $5,765.00 -San Luis Obispo, CA Alternate #1 - 1,344.00 Alternate #2 - 844.00 Alternate #3 - 3,577.00 Deduction Alternates Alternate #17 construct 12" high stone wall around tree only. (Wall C on plans.) Alternate #2 - construct 18" high stone wall at east side of bridge only. (Wall B on plans.) Alternate #3 - construct 18" and 24" high stone wall at west side of bridge only. (Wall A on plans.) The Council awarded the contract for the full project, alternates A, B, and C to W. G. Watkins of Paso Robles. City Council Mlnutes July 1, 1971 Page 2 C -4A. The City Council approved the following contract payments: 0. K. Industries $13,446.00 Mission Plaza, Phase II C -5. The City Council approved the recommendation of the City Engineer that, due to a project involving water mains on Pepper Street and Phillips Lane, the street paving project be altered to include Taft and Kentucky Streets instead. The net cost of the change order would be approximately $1800. C -6. The City Council accepted the dedication of street widening and agreed to maintain improvements on Los Osos Valley Road south of Madonna Road adjacent to the low rent housing.project. On motion of Councilman Brown, seconded by.Councilman Graham, the follow- ing resolution was introduced. RESOLUTION NO. 2212, a resolution agreeing to accept an easement and to maintain street improvements on Los Osos Valley Road. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz C -7. A request from College.Square and Northtowne Apartments on Boysen Avenue that the trees on stat. street be safety pruned was referred to the Tree Committee. C -8. A claim against the City by Roy J. Poletti for damage to his car at Madonna Road and South Higuera Street was denied by the Council and was referred to the City's insurance carrier: C -9. The City Council received and filed a notice from the Planning Commission that the request of Merle R. Ekegren for rezoning of 2803 Johnson Avenue from R -1 and R -3 to PD R -H was denied. C -10. R. D. Miller, Administrative Officer, announded the promotion of Barbara Ryan from Typist Clerk II to Senior Typist Clerk beginning at the fourth step or $590 per month effective July 1, 1971. C -11. R. D. Miller, Administrative Officer, announced the promotion of Dennis Cox from the position of groundskeeper to Maintenance Man II (Tree Trimmer) effective July 1, 1971 at Step 4 or $674 per month. C -12. On motion of Councilman.Brown,.seconded by Councilman Graham, the following resolution making final adjustments to the 1970 -71 budget, was introduced.. RESOLUTION.NO. 2211, a resolution increasing the 1970 -71 budget. Passed and adopted on the following roll. call vote: 1 1 1 City Council Minutes July 1, 1971 Page 3 AYES_: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz On motion of Councilman Brown, seconded by Councilman Graham, the consent items were approved as indicated. Motion carried. 1. At this time the City Council held a public hearing on the final passage of Ordinance No. 525, an ordinance rezoning property located be -. tween Fairway Drive extended and Quail Drive extended from U to R -1., R. D. Young, Planning Director, presented the recommendation of the Planning Commission for this rezoning. M.aybr Pro -Tem Blake declared the public hearing open. No one appeared for or against the rezoning. Mayor Pro =Tem Blake declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Brown, the following ordinance was introduced for final passage. ORDINANCE NO. 525, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from U to R -1 that property located between Fa.i.rway. Drive extended and Quail Drive extended) ' Finally passed on the following roll call vote: AYES:. Emmons Blake, John C. Brown, Myron Graham NOES: T. Keith Gurnee ABSENT: Kenneth E. Schwartz 2.. The City Council considered renewal of the annual contract with Woods Animal.Shelter at the increased rate of $1,524-per month. The Council received a communication from Peter M. Kardel regarding the loose dogs running rampant in the streets of San Luis Obispo and urging the City Council to do something about their control. The Council received a letter from the Administrative Officer of Arroyo Grande, Thomas Butch, notifying the City Council that Woods Animal Shelter had given the cities and the County until July 15, 1971 before service would be discontinued. He also forwarded additional information about revenue and expenditures of the Woods Animal. Shelter. R. D. Miller, Administrative Office, reported to the City Council on the over -all problem with Woods Animal Shelter, the constant increase in requests by the Shelter and the complaints of poor service to public officials and City. Councils. On motion of Mayor Pro -Tem Blake; seconded by Councilman Graham,.that the existing contract with Woods Animal Shelter be continued on a month - to -month basis until a final agreement was reached between Woods and all the cities,and the County. Motion carried. City Council Minutes July 1, 1971 Page 4 3. Communication from Los Rancheros Trail Ride Group requesting use of City property in upper Lopez Canyon for two nights during their trial ride July 3 -5, 1971. W. Flory, Park and Recreation Director, stated he had checked the area with representatives of the riding group.and that, subject to the filing of a $25 guarantee for clean up of the area and procurement of the nec- essary fire permits from the State of California, the Parks Department had no objection.to the use of the property. On motion of Councilman Graham, seconded by Councilman Gurnee, the request was approved. Motion carried. 4. Communication from Jack Foster, developer of Tract No. 375, requesting acceptance by the City of the off -site improvements of the tract but ask- ing deletion of the Johnson Avenue improvements of the tract for which he proposed to submit a certified check or letter of credit for the recommended improvements at some future date. The reason for the request was that the lots facing Johnson Avenue were presently zoned R -1 and the developer did not feel they would be developed to that use. He felt that any improvements installed at this time would have to be removed should the property be developed to a higher use. D. F. Romero, City Engineer, explained that the City had several times accepted deposits for tree planting, however, a deposit for other improve- ments would be an extension of past policy, requiring Council action. He stated that Mr. Foster's reasons for requesting the extension were valid and that he had no objection, providing the City could require the im- provements at any time. On motion of Councilman Graham, seconded by Councilman Brown, that the , City grant the request for the variance to the subdivision agreement subject to the filing of a letter of credit or bond to guarantee the installation of the improvements at the request of the City. Motion carried. The matter of the acceptance of the balance of the tract was continued to July 19 for report by the City Engineer. 5. D. F. Romero, City Engineer, presented for the Council's consider- ation, the final map and subdivision agreement for Tract No. 410; Teakwood Terrace (John Deeter, developer). He continued that the map and sub- division were correct and recommended acceptance by the City Council subject to the following conditions: 1. The subdivider shall reimburse the City the sum of $2116 (92 units @ $23 per unit) for a share of the capacity advanced by the City in the sewer trunk lines, lift station and force main serving the subdivision. 2. The subdivider shall pay the City the sum of $2269.40 (6.484 acres at $350 per acre) connection charge to the City water system in accordance with Section 7410.5.1 of the Municipal Code. 3. The subdivider shall pay the sum of $1036 ($1 per foot of .street frontage) for City planting and maintenance of street trees. ' 4. It is mutually agreed that public improvements serving this sub- division are being installaed under the bond, construction plans and inspection of Tract 403. On motion of Councilman Brown, seconded by Councilman Graham, the follow- ing resolution was introduced.' RESOLUTION NO. 2213, a resolution approving the final map of Tract 410, Teakwood Terrace. City Council Minutes July 1, 1971 Page 5 Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth-E. Schwartz. 5A. At this time the City Council held a public hearing on the report of the Superintendent of Streets on the cost of the work to construct side- walk, curb and gutter under the provisions of the 1911 Improvement Act, for the following properties: J. F. Ruedi - 31 S. Tassajara Drive - $239.00 The following property owner has requested that he be allowed to pay the assessment in three annual installments: L. A. & A. E. McNary - 750 Nipomo Street - $423.00 Mayor Pro -Tem Blake declared the public hearing open. No one appeared to protest the cost of public improvements. Mayor Pro -.Tem Blake declared the public hearing closed. On motion of Mayor Pro -Tem Blake, seconded by Councilman Graham, the following resolution was ihtroduced. RESOLUTION NO. 2214, a resolution ' confirming costs of sidewalks constructed under the 1911 Act. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz 5B. At this time the City Council held a public hearing on the report of the Superintendent of Streets on the cost of the work to construct side- walk, curb and gutter under the provisions of Ordinance No. 257 for the following property: C. J. Gibson - 208 Almond Street (Mission St. side) - $875.50 Mayor Pro -Tem Blake declared the public hearing open. No one appeared to protest the cost of the improvements. Mayor Pro -Tem Blake declared the public hearing closed. On motion of Councilman Brown, seconded by Councilman Gurnee, the following resolution was introduced. RESOLUTION NO. 2215, a resolution confirming costs of sidewalks pursuant to the municipal code. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz City Council Minutes July 1, 1971 Page 6 6. Communication from the PI'anning Director regarding bids received for the construction of directional signs in Mission Plaza. He stated that the City had solicited bids from three local firms and that two firms declined to bid as they did not feel this type of work was within the scope of their activity. He recommended that the bid of Architectural Arts for $1400 for the four signs be accepted. It was the common consent of the Council that Architectural Arts proceed with the work. 7. R. D. Young, Planning Director,. reported that he had contacted several contractors who were willing to cooperate with the City and the Housing Authority in demolishing the low rent housing units on South Street and High Street as the Housing Authority had no funds for this work. He continued that the contractors would loan equipment and pile up the debris but there would still be the expense of hauling the residue to the dump. He stated the offer was valid only as long as the equipment was available to the City. Dudley Winterhalder, Executive Director of the Housing Authority, re- ported that the units on South Street had not been vacated and demolition could not start until he had procured housing for these people. The matter was continued until all units were vacant. 8. R. D. Young, Planning Director, reported to the City Council that upon request of the Mayor he had investigated, with the cooperation of the Fire Department, all violations at the Anderson Hotel and noted how many had been corrected to date. He continued that the majority of the violations had not been corrected. Some attempt had been made but there had been no follow- through on the part of the owner. Don Kaye, Fire Marshal, presented a report to the City Council of a re- inspection made of the Anderson Hotel on June 19, 1971 by the Fire Marshal with the permission of the owner, Mr. Hegarty. The inspection revealed that no corrective action had been made on the violations sub- mitted to the City Attorney on January 17, 1971 and an additional fourteen (14) deviations were noted in the June 29 inspection. The Fire Marshal continued that the extreme life hazard in this building was intolerable and he urged that all necessary measures be taken to require adequate correction without delay. He then submitted a list of the twenty -seven (27) violations for the Council's information. Jack Kellerman, Chief Building Inspector, reported to the City Council on the problems encountered by his department in trying to have the owner of the Anderson Hotel comply with the minimum regulations. H. Johnson, City Attorney, informed the City Council that the City had on record in the County Recorder's Office, a notice of non - compliance to City codes and a list of violations so that a prospective purchaser would be aware of all the violations. Councilman Brown suggested that the property owner be notified to correct the deficiencies.for the safety of his tenants. H. Johnson stated that he and other staff members had worked with the property owner and his attorney on this matter but the current proprietor just could not seem to get.the work done due to lack of funds. Councilman Gurnee felt that the property owner's action in this matter represented gross negligence and flagrant violation of City codes and he should be made to comply in the interest of the safety of the tenants in the building. 1 1 1 City Council Minutes July 1, 1971 Page 7 Mayor Pro -Tem Blake stated that the City had been trying to work with the property owner of the hotel in an attempt to correct the deficiencies existing in the building for several years, but the property owner had not cooperated with the City and continued to ignore the City's codes and to ignore the potential hazard to his tenants. He felt the City should now take steps to abate the property in view of the safety of the citizens of San Luis Obispo. Fred Peterson, former tenant of the Anderson Hotel, agreed that the property owner should be made to comply with the minimum safety regu- lations of the City for the protection of the tenants and adjacent property owners. On motion of Councilman Gurnee, seconded by Councilman Brown, that the City take steps to red tag the Anderson Hotel within thirty days if the violations were not corrected of the building has not been sold. Motion carried. 9. At this time the City Council held a public auction of excessive land owned by the City lying between the extension of Highland Drive and . the property to the south. .These were small parcels leftover after street construction. There were six parcels involved. The City Council received a letter form L. V. Hansen, 549 Highland Drive, objecting to the method of dividing the surplus property adjacent to his land as he wished to purchase the full parcel and not have it divided with the owner of record to the rear. He asked consideration regarding fencing, access, etc. if the Council did not recognize his appeal. ' H. Johnson, City Attorney, stated the property was divided with the full intention of granting each adjacent property owner access to Highland Drive from the rear land locked parcels. Mayor Pro -Tem Blake declared the public auction open. The City Clerk reported that he.had received bid deposits for the following parcels: No. 1 - L. V. Hansen No. 3 - A. Starkie . No. 6 - P. K. Weber Mayor Pro -Tem Blake opened the bidding for parcel no. 1. L. V. Hansen bid $272. As there were no other bids, the bid was accepted. Mayor Pro -Tem Blake opened the bidding for parcel no. 2. Donald Q. Miller bid $524. L. V. Hansen bid $550. ' Eleven successive bi.ds followed-reaching a high of $900 from Donald Q. Miller for this parcel. There being no further bids, the bid of $900 from Donald Q. Miller was accepted. Mayor Pro -Tem Blake opened the bidding for parcel no. 3. A. L. Starkie bid $2,353 As there were no other bids, the bid was accepted. City Council Minutes July 1, 1971 Page 8 Mayor Pro -Tem Blake opened the bidding for parcel no. 4. Archie Lux bid $1,922.. As there were no other bids, the bid was accepted. Mayor Pro -Tem Blake opened the bidding for parcel no. 5. Claude H. Batchelor bid $1,894. . As there were no other bids, the bid was accepted. Mayor Pro -Tem Blake opened the bidding for parcel no. 6. P.. K. Weber bid .$4,492. As there were no other bids, the bid was accepted. On motion of Councilman Gurnee, seconded by Councilman Graham, the follow- ing ordinance was introduced. ORDINANCE NO. 528, an ordinance accepting the Deposits of Prospective Purchasers for options to purchase parcels. abutting the Highland Drive Extension and approving the sale of such parcels subject to full compliance with.all advertised terms and conditions of sale. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Mayor Schwartz Mayor Pro -Tem Blake thanked the participants in the auction and felt that the results of the auction would allow for better development of al.l the properties involved. 10. At this time the City Council held a public 'hearing on the, following recommendation of the Traffic Committee: TC 71 -6 -1T. A hazardous condition has been called to the attention of the Traffic Committee at the intersection of Breck and Johnson for eastbound motorists on Breck. This condition will be even more aggravated when the new apartments on the hilltop are completed. We feel that visibility would be greatly enhanced if red curbing were authorized from the intersection running in a northerly direction along the west side of Johnson to meet the existing red zone at the curve in front of the existing apartment house units. Mayor Pro -Tem Blake declared the public hearing.open. Charles Bowden, 1691 Johnson Avenue,. objected to the proposal to put red. zones in front of his property, as it would prevent him from parking there and also prevent any guests from parking there. He did not feel that red zones would solve the problem as the only thing that would help the area would be to slow down traffic on the street. He felt that a new route for traffic from outer Johnson Avenue should be established. Roland Madellena stated he drove this street every day on his.way home and agreed that the red zone would not help traffic move on Johnson Avenue. He felt they should start widening the street. 1 1 City Council Minutes July 1, 1971 Page 9 Councilman Brown felt the red curb would help on the dangerous corner and stated he would support the recommendation. Councilman Graham felt he could not go along with the full recommendation of the Traffic Committee but could support eliminating two parking spaces ' on Johnson Avenue north of Breck Street. Councilman Gurnee agreed with Councilman Graham concerning the two spaces north of Brack Street. Mayor Pro -Tem Blake stated he would support the recommendation of the Traffic Committee in the interest of safety. He felt that when the street was widened in the future, this problem could be looked at again. On motion of Mayor Pro -Tem Blake; seconded by Councilman Brown, that the City Council accept the recommendation of the Traffic Committee. Motion lost on the following roll call vote: AYES: Emmons Blake, John C. Brown NOES: Myron Graham, T. Keith Gurnee ABSENT: Kenneth E. Schwartz On motion of Councilman Graham, seconded by Councilman Gurnee, the follow- ing resolution was introduced. RESOLUTION NO. 2216, a resolution estab- lishing a red zone on Johnson Avenue. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz 11. At this time the City Council held a public hearing on the recommen- dation of the Traffic Committee for improving traffic flow at Chorro and Mill Streets. TC 71 -6 -2T. Another dangerous situation has been noted at the inter- section of Mill and Chorro, particularly during peak hour flows. It is felt that conditions would be greatly improved if a right hand turning pocket were created for westbound motorists on Mill by removing two car spaces on the north side of Mill just east of the Chorro intersection. We also feel that visibility should be improved if two car spaces were painted red south of'Mill Street on the east side of Chorro. D. F. Romero, City Engineer, presented sketches showing what was being proposed by the Traffic Committee and the reasons for the recommendation. ' Mayor Pro -Tem Blake declared the public hearing open. Mrs. Fike, 842 Mill Street, stated her objection to the proposal as she would not be able to park in front of her own home but would be required to park her car further up Mill Street. She hoped that the City Council could leave at least one space in.front of her home, as they had already red zoned her property on the Chorro Street side. Mayor Pro -Tem Blake declared the public hearing closed. City Council Minutes July 1, 1971 Page 10 Councilman Gurnee felt the red zone on Chorro Street was important and would help traffic turning, but agreed with Mrs. Fike's request to only red zone one additional space in front of 842 Mill. Councilman Brown wondered if one space would really facilitate right hand turning movements from Mill to Chorro. D. F. Romero, City Engineer, stated that one additional space would. only slightly help the turning movements and would be insufficient. Councilman Brown felt that the City should go ahead with two spaces of red curbing for the safety of traffic and not for the convenience of one property owner. Councilman Graham agreed with the red zone on. Chorro but felt no new zone should be extended to Mill Street. Councilman Gurnee moved that the City red zone one car space in front of 842 Mill. Motion died for lack of a second. Councilman Graham moved that no change be made on Mill Street. Motion died for lack of a second. On motion of Councilman Blake, seconded by Councilman Brown, that the City red zone 40 feet on Mill Street east of Chorro. Motion lost on the follow- ing roll call vote:, AYES: Emmons Blake, John C. Brown NOES: Myron Graham, T. Keith Gurnee ABSENT: Kenneth E. Schwartz I On motion of Councilman Gurnee, seconded by Councilman Graham, the follow- ing resolution was introduced. RESOLUTION NO. 2210, a resolution estab- lishing a red zone on Chorro Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz 12. At this time the City Council held a public hearing on the recommen- dation of the Planning Commission to rezone property located at 1400 Stafford Street from R -1 to PD R -H to allow construction of 28 apartments. R. D. Young, Planning Director; presented the recommendation of the Palnning Commission approving the rezoning subject.to the following conditions: 1. Access shall be required to Fredericks Street. Design to be approved by the City Engineer. 2. Developer shall produce clear title to the abandoned portion of Motley Street. 3. Developer shall install 8" water main extended down Stafford Street. 4. Developer shall install a City standard hydrant with street valve on the South side of the street at approximately Station 5 +00. City Council Minutes July 1, 1971 Page 11 5. All hydrants shall be installed and fully operable before start of combustible construction. 6. Meet all conditions of Minor Sub. No. 318. 7. Development shall be in accordance with the submitted site plan, subject to its revision to comply with all conditions established by the Commission. 8. Street trees shall be planted along Stafford Street in accordance with the tree ordinance. 9. A detailed landscape plan showing plant.materials and method of irrigation shall.be submitted to the Department of Planning and Building for review and approval. 10. A precise plan shall be submitted within six months of date of approval of the preliminary plan. 11. Construction shall commence within two years of date of approval of the precise plan. 12. Occupancy shall not exceed 56 adults. 13. A drainage plan shall be submitted to the City Engineer for approval. Note: If the units are to be occupied by students, the developer may be required to put in additional fire detection and alarm provisions. The City Council received a letter from Chalres E. Schnell, opposing the proposed rezoning as it encroached into a residential area and would increase traffic which presented a hazard for the children of the area. The City Council received a communication from Men's Wesley House sup- ' porting the rezoning of 1400 Stafford Street in the interest of more housing for students. Mayor Pro -Tem Blake declared the public hearing open. William Troutner, Chairman of the Board of Trustees, United Methodist Church, stated the church supported the proposed rezoning. Mrs. Burdette, Wesley Foundation,:U.nited Methodist Church, stated her group was in support of the proposed rezoning and also supported student housing for the property. Dave Richardson, Men's Wesley House, supported the proposed rezoning and proposed use of the property.' Ray Bunnell, developer, stated he had attempted to put this developemnt in perspective with the adjacent properties, both private and church properties, and hoepd that his plans to incorporate the buildings into the topography would make a nice development for the neighborhood.. No one else appeared for or against the development. Mayor Pro -Tem Blake declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Brown, the follow- ing ordinance was introduced and passed to print.. ORDINANCE NO. 527, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone 1400 Stafford Street from R -1 to PD R -H) Passed to print on the following roll call vote: City Council Minutes July 1, 1971 Page 12 AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz 13. H. Johnson, City Attorney, reported as follows on the negotiations to install curb, gutter and sidewalk improvements at 399 Foothill Blvd. and 11 South Tassajara including a joint project with the City in placing underground the drainage on Martines property: D. F. Romero, City Engineer, objected to the City participation in installing drainage improvements on private property, pointing out a dangerous precedent. H. Johnson stated that both property owners were amenable to an agree- ment but they asked that the cost for the major Martines parcel be paid over a ten -year period at a minimum rate of interest. Councilman Brown felt that in order to clear up the matter, the City should go along with the request for ten years at 5% interest as had been done on other projects. On motion of Councilman Brown, seconded by Councilman Graham, that the City go along with the Martines request for ten -year pay -off at 5% . simple interest. Motion carried. On motion of Councilman Blake, seconded by Councilman Brown, that the City offer a five -year period at 5% to Mrs. Garner for the improve- ments on her property. Motion carried. On motion of Councilman Blake, seconded by Councilman Brown','the follow- ing resolution was introduced. RESOLUTION.NO. 2218, a resolution order- ing the installation of curb, gutter and sidewalk improvemtns at 399 Foothill Boulevard and 11 South Tassajara under payment options approved by the City Council. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz 14. D. F. Romero, City Engineer, presented a proposal from Lynn Develop- ment Company offering to sell theCity a portion of the former Stornetta property at the corner of South Higuera and Prado Road, adjacent to the existing City Sewer Plant for incorporation into the plant. Lynn Development was offering two parcels to the City: 6.62 acres im- mediately adjacent to the sewer plant and 2.2 acres adjacent to the sludge beds. They.offered to sell property to the City at $7,000 per acre and as a further part of the sale, Lynne Development requested an agreement from theCity guarantying sewer access directly to the City sewage plant from the balance of the property. Another condition of sale requested by Lynne Development was that the City guaranty the realignment of the creek at the corner of Prado Road and South Higuera so that the creek would straddle the property line and enable the development of the corner property. The cost of the creek realign- ment would be the sole responsibility of the developer. 1 f L City Council Minutes July 1, 1971 Page 13 D. F. Romero explained the proposal and potential use of the land being offered to the City by Lynne Development Company. He urged the City Council to purchase this land to add to the City sewer farm. He stated that as the years passed, the City would be required to release less water into the creek so additional lands would be needed to spread the effluent. He stated that Lynne Development Company was under pressure to settle the matter quickly as another prospective purchaser was waiting for the Prado Road property. Roland Madellena, realtor and representing California Motor Express, stated that CME had offered to purchase the 6.62 acres to develop a modern truck terminal on Prado Road. He continued that CME was quite anxious to close this deal. They needed the property as their existing facility was inadequate. He also.felt that CME would be willing to work out something with the City for the trucking line to take the front three (3) acres and the City to get the rest for sewer plant expansion. He felt the two uses would be compatible. Councilman Gurnee felt that the City could use the land to expand the sewer plant but stated he favored the proposal only if no change were made in the creek. He hoped that the City could control any develop- ment in the creek area. Councilman Graham agreed that he would not go along with the realign- ment of the creek if the City purchased the property. Mr. Williams urged the City Council not to allow any change in the creek at Prado Road and South Higuera as he felt it could destroy the ecology of the creek. On motion of Councilman Blake, seconded by Councilman Gurnee, the matter was referred to the Planning Commission for study and recommendation'to the City Council oti . the need of the purchase of this - land__to enlarge the sewer plant. Motion carri'ed:.' 15. D. F. Romero, City Engineer, reported that a grading permit submitted by Shell Oil Company could be issued immediately, if the Council had no objection, whereby the westerly side of the landscaping mounds at the entrance to the Madonna Inn would be brought into compliance with the Grading Ordinance. Shell Oil Company had agreed to conduct. #his work, to landscape and maintain the mounds, and to handle drainage being blocked by the mounds. With this agreement, Mr. Romero stated that his objections to the mounds have now been satisfied. 16. On motion of Councilman Graham, seconded by Councilman Brown, the Mayor Pro -Tem was authorized to sign the 1971/72 Chamber of Commerce contract. Motion carried. 17. On motion of Councilman Brown, seconded by Councilman Graham, the follwoing resolution was introduced. RESOLUTION NO. 2217, a resolution authorizing the transfer of City funds to Crocker Citizens National Bank. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: None ABSENT: Kenneth E. Schwartz City Council Minutes July 1, 1971 Page 14 18. The City Council considered the request of Patricia J. Clark, City Librarian, to publish a joint questionaire with the County Library for publication in the Telegram- Tribune. The request was approved and Miss Clark was authorized to spend $50 for this.purpose. 19. On motion of Councilman Graham, seconded by Councilman Brown, additional claims for damages against the City on behalf of Harold C. Penwell were referred to the City Attorney. Motion carried. 20. On motion of Councilman Blake, seconded by Councilman Graham, the claim of Judy Hung for alleged damages to her automobile was referred to the City's insurance carried. Motion carried. 21. Claim against the City by Glenn E. Storni for damages to his sewer line at 755 Center Street. The claim was referred to the City Attorney as it must have been damaged by a contractor. 22. The City Council adjourned to executive session to discuss a per- sonnel matter. On motion of Councilman Brown, seconded by Councilman Blake, the meeting was adjourned. Motion carried. APPROVED: August' 2;' 1971 ATRICK, CITY CLERK l