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HomeMy WebLinkAbout02/02/19701 Pledge Roll Call Present City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 2, 1970 - 7:00 P.M. City Hall Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; E. Rodgers, Police Chief; L. Schlobohm, Fire Chief. The minutes of the meetings of January 12, and 19, 1970 were approved as corrected. On motion of Councilman Blake, seconded by Councilman Graham, claims against the City for the month of February 1970 were approved subject to the approval of the Administrative Officer. Motion carred. 1. R. D. Young, Planning Director, presented to the City Council a list of sign owners who have been notified to remove their signs as the businesses they ad= vertise are vacant. Councilman Blake suggested that the City Council should meet in a special study session to discuss amendments to the Sign Ordinance. The Planning Director was instructed to make periodic checks to eliminate ir- regular signs or abate violations and to make monthly progress reports to the City Council. 2. At this time the City Council considered the final passage of Ordinance No. 476, an ordinance amending the Municipal Code to establish a thirty -five MPH speed limit on Grand Avenue from McCollum Street to Monterey Street. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage of this ordinance. Mayor Schwartz declared the public hearing closed. Councilman Graham stated that he still was opposed to the passage of this ordin- ance as he felt that the increased speed permitted in the vicinity of Wilson Street was extremely dangerous. On motion of Councilman Miller, seconded by Councilman Blake, the following ord- inance was introduced for final passage. Ordinance No. 476, an ordinance amending the Municipal Code to.establish a thirty -five (35) MPH spee& limit on Grand Avenue from McCollum Street to Monterey Street. 1 Finally passed on the following roll call vote: AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: Myron Graham ABSENT: None City Council Minutes February 2, 1970 Page 2 3A & 3B. Communication from the City Housing Authority notifying the City Council that the annual payment in lieu of taxes for the housing project at 353 King St.. will be $500 per year, and the in lieu payments for the housing project at 408 - 520 Hathway Street will be $1400 per year, in accordance with the agree- ment between the City and the Housing Authority. On motion of Councilman Miller, seconded by Councilman Graham, the communication was ordered received and filed. 4. Communication from R. S. Johnson, requesting a one -year extension for final compaction of fill material on the property located at the corner of Santa Rosa and Walnut Streets was considered by the City Council. Mayor Schwartz stated he had no objection to an extension of time for compacting the fill on the site, but he felt that the entire lot was unsightly due to the litter and the ungraded lot. He felt that before an extension was granted, the lot should be cleaned and graded. On motion of Councilman Spring, seconded by Councilman Miller, that R. S. Johnson be granted six months extension for compacting the fill material on his property, with the area to be cleaned up immediately. Motion carried. 6. Communication from Mrs. Joyce Pederson, League of Women Voters, regarding a report by the California Youth Authority at the request of the City Council, en- titled the Community Youth Survey. The League of Women Voters requested the Council to notify them of any information that might be helpful to them in their study of the detaining of youth in the County of San Luis Obispo. Councilman Blake explained to the Council that the San Luis Obispo County Co- ordinating Committee had approached the City Council to have a survey made of all the youth facilities in the county. He stated that the report had been prepared by the California Youth Authority and had been submitted to the Coordinating Committee for their deliberation and use in meeting with the various youth agencies in the county. The City Clerk was instructed by the Council to notify Mrs. Pederson that the report had been sent to the Coordinating Committee and also that.any members of the City staff whom the League wished to discuss this report with would be available to them. 7. Communication from Care Construction Company, developers of a convalescent hospital on Meinecke, requesting that the City Council make some determination oil sewer service for the proposed hospital site.. They explained that the existing six -inch sewer line appears to be inadequate for the proposed hospital site and they would like to remove this burden from their property. They stated that they would like to cooperate with the City in changing the sewer route. They further stated that-D. F. Romero, City Engineer, had recommended that.the sewer line be extended from the front of their property on Meinecke to Santa Rosa Street and then the City would possibly place a ten -inch line in Santa Rosa from Meinecke to an existing adequate line at Santa Rosa and Murray Street. D. F. Romero, City Engineer, explained that the biggest problem is that the exist - ing six -inch sewer line serving Meinecke is inadequate and subject to overload due to the addition of the Stenner Glen student housing project on Foothill Boulevard. He stated that he proposed in his plans for sewer improvement to run a.line from Foothill and Santa Rosa down Santa Rosa to the adequate service at Santa Rosa and Murray. If the hospital were to place an eight -inch line from the front of their property on Meinecke to Santa Rosa, this would be connected to the proposed sewer line. He stated that the estimated cost for placing an eight -inch line from the hospital to Santa Rosa would be $4,600. The ten -inch line on Santa Rosa from Meinecke to Murray would be paid for by the City and would cost approximately $12,000, and at some future date, a six -inch line from Foothill to Meinecke would cost approximately $12,000. 1 1 r_� City Council Minutes February 2, 1970 Page 3 D.:F.- Romero.,continued that there were other alternatives for the developer, but he felt that the proposal as outlined was the best solution.for.both the City 'and the developer. He-felt that the City should insist that the developer route the sewer line around his building rather than having possible maintenance problems under his building. He felt the proposal was fair.to the developer and would help the City. Councilman- Spring suggested that the developer pay for all of the sewer line on Meinecke and one- half,the cost.of the.ten -inch line in Santa Rosa from Meinecke to Murray as he felt that the additional burden on the sewer line was caused by the'proposed hospital. Councilman Blake agreed with Councilman Spring that the hospital was creating the need for enlarging the sewer line which would not be needed if the area were de- veloped to residential density. Mayor Schwartz suggested that perhaps the City should cooperate with the developer and pay one =half of the eight -inch line in Meinecke and one -half the cost of the ten -inch line in Santa Rosa. On motion of Councilman Spring, seconded by Mayor Schwartz, that Care Construction Company, Inc. place an eight -inch line in Meinecke_ to Santa Rosa Street and con- tribute one -half the cost of the ten -inch line on Santa Rosa to Murray; with the City to abandon existing lines on the property subject to the developer being re- imbursed for additional connections in accordance with City regulations. Motion carried, Councilman Miller voting no. 8. At this time the City Council held a. public hearing on the report of the Super- intendent of Streets on a list of properties lacking standard improvements where more than 50% of the block is already improved. Mayor Schwartz declared the public hearing open. The City Clerk read the names of the property owners, the addresses of the prop- erties to be improved, and the improvements required for file numbers 212 through 235.inclusive. No one appeared before the City Council for or against the improvements. Mavor Schwartz declared the public hearing closed. D. F. Romero, City Engineer, reported that Mrs. C. Fisher, 795 Nipomo Street, re- quested that in addition to the improvement to her property on the Nipomo Street frontage, she would also like to have improvements made on the Villa Street front- age to her property. The Council was in agreement with the inclusion. On motion of Councilman Graham, seconded by Councilman Spring, that the Department of Streets is to proceed with,the installation of t_he improvements in accordance with the notice of the hearing. Motion carried. 9. At this time, the City Council held a public hearing on the appeal of J. E: Hazard from the order of the City Engineer to abate.a nuisance in San Luis Creek to the-rear of 546 Higuera. Mavor Schwartz declared the public hearing open. D. F. Romero, City Engineer, presented a sketch of the hazard in San Luis Creek and the work he felt should be done to correct the hazard. He continued that his analysis of the channel near the Hazard trailer.park on Higuera Street indicates that. the critical section at the bend has approximately 30% less capacity than a channel immediately upstream or downstream under a condition of peak flow. His analysis indicates that an equivalent capacity can be provided at this.critical bend by excavation of surplus materials to create a 1/2:1 slope immediately behind the trailers and improvement of the slope with sack concrete rip rap (approximate total cost - $14,000) or reinforced concrete grouted . slope paving (approximate cost of $9,000). The improvement implies removal of the sycamore trees which create an obstruction to the flow. The improvement-will extend.for approximately.three - fourths the length of. the trailer park development; however, it will not encroach into any of the flat area now being used by the trailers. City Council Minutes February 2, 1970 Page 4 ;J. E. Hazard appeared before the City Council stating that at.no_ time in.the past seven years, since the property was acquired by him, has any fill been put into the creek. He continued that any fill in the creek was done prior to acquisition by him. He stated that the trees which were being recommended for removal have been on the property for the past forty years and he did not feel they were a problem as he was sure that many heavy storms had occurred during this time. He further stated that the retaining wall on his property which he is being -asked to remove ' was constructed under a City building permit issued by the City sometime in the early 1960's. He also felt that his property did not cause any additional damage during the 1969 storm. He stated that his neighbors upstream, the Leitcher and Martin properties are narrower in width than his creek and he wondered why he was being singled out for creek improvement when his neighbors were not. He continued that he would be more than willing to pay his -share of the cost for creek improve- ment if the entire creek were placed in an assessment district and everyone shared in the cost. H. Johnson, City Attorney, upon question from the City Council,.explained the City `s position in this matter; namely that, having notified the property owner that a hazard to public welfare and safety exists, the City could be joined as a defendant in a suit by an adjoining property owner who may have been a victim of some future flood damage allegedly.attributable to the obstruction in the creek next to the Hazard trailer park. While the Hazard family themselves are primarily responsible legally for any damage resulting from their negligence, the courts have sometimes applied the "deep pocket philosophy" to hold the municipality liable in flood damage-cases. D. F. Romero stated-that.-his preliminary studies in the creek area were to correct the most critical hazards as soon as possible and then correct the balance of the problems when the complete creek survey had been made. Councilman SArina stated that he had visited the site and.had discussed the matter with Mr. Hazard and he did not feel the problem was as bad as was stated in the Engineer's report. He did not wish to force the work on the property owner at this time. Councilman Graham stated that he too had inspected the problem and he felt that the creek upstream was narrower than the Hazard property and this should be corrected first. He also felt that cleaning up the creek at the Hazard property would in- crease the creek's capacity. Councilman Miller asked Mr. Hazard when the filling in of the creek to the rear of his property, in order to add additional trailer spaces, had taken place. J. E. Hazard stated he did not know when this was done as no additional trailer spaces had been added under his ownership, although he was sure that some fill had been done over the years. Mayor Schwartz wished to remind the City Council that the City Engineer, at the instruction of the City Council, had prepared a list of the most critical creek hazard problems and the Engineer had presented evidence that this property was one of the most critical problem areas in the San Luis Creek vicinity. Councilman Blake stated he agreed with the report of the City Engineer and felt some modifications could be made to the recommended work by the property owner so that the improvements needed would be less costly. He felt that some improvement must be made in order to avoid property damage in future storms.. R. Leitcher stated he.felt that as an adjacent property owner he should get into the act and discuss the matter with the City Council. He also wished to clear up the matter of the property owner's liability on downstream properties.. He felt the City should look into who was responsible for_ causing the flooding..-In San Luis Creek. He felt it was due to development of San Luis Obispo with more buildings, more streets and more parking" lots. He felt the property owners along the creek should not be blamed for flooding. He felt that everyone who contributed to the flooding should share the blame. He stated that long before the 1969 floods,.he had talked with the City Council urging consideration by them of the construction . of check dams in the Cuesta Canyon area to hold the storm waters for release later in order to protect.the City. He felt this might be the time for the City to de- cide whether to proceed with a program of making the creek an improved drainage channel or to continue with the program of making the creek an esthetic_place to visit. City Council Minutes February 2, 1970 Page 5 Mayor Schwartz explained that the problem was not'that the creek's capacity had changed, but that many property owners build in the creek, put obstructions in the creek, and fill in the creek in order to enlarge-their holdings, which has caused the creek's capacity to be reduced and has caused many problems in drainage. J. E. Hazard asked why the County Flood Control District wasn't required to improve San Luis Creek as a flood zone. H. Johnson, City Attorney, explained the method for forming a flood zone in the Flood Control District which would then assess the district for improvements to the drainage system. Councilman Miller stated that upon inspection and study of the San Luis Creek, he has found that many property owners have built into the creek and reduced its capacity. Subsequent owners who buy the property must assume responsibility for these obstructions even though they did not cause them. He felt the creek must be protected. Therefore, he would vote to have Mr. Hazard correct the creek obstruction on his property. D. F. Romero, City Engineer, suggested the following alternatives for J. E. Hazard to improve the creek for minimum capacity. 1. Remove the surplus earth and trees to provide full capacity. 2. Remove the surplus earth and trees and place cement sack or rip rap on the slope to provide full capacity. 3. Remove the surplus earth as an interim measure only, to improve present conditions, but not full capacity. Councilman Graham stated he felt he would go along with the minimum alternative of removing the surplus earth on an interim basis until a complete creek study and flow pattern has-been made. Mayor Schwartz stated that the hazard in San Luis Creek was brought -to the Council's attention by a competent engineer. He wonders if the City can shrug off the responsibility by-notifying the affected property owner and allowing him to make corrections as he sees fit. H. Johnson, City Attorney, again explained the potential liability for the City under flood conditions, and also explained the property owner's liability. J. Hazard again informed the Council that the retaining wall had been built under City Building Permit 43122 issued by the City of San Luis Obispo in 1960 and he couldn't understand why it must be removed now as it has not changed since it was built. Further, he reminded the City Council that the property abutting his from the north is much narrower and he wondered why his property had been cited for correction and the adjacent property had not been cited. F. Schott, Consulting Engineer, stated that he had made more studies of the 1969 storm and he felt that this was not a 100 -year storm as previously stated, but was more in the neighborhood of a 30 -year storm. He stated that a 100 -year storm would have caused tremendous damage to the City. Mayor Schwartz declared the public hearing closed. Councilman Graham moved that the City Council amend the prior action taken by the Council in ordering J. E. Hazard to complete improvements in the creek and issue a lesser requirement of removing the earth in the creek which would increase the capacity of the creek and leave the retaining wall and trees. Motion died for lack of a second. On motion of Councilman Blake, seconded by Councilman Spring, that the prior. action of the City Council be modified; that the sycamore'trees between stations 1 +68 and 1 +70 be left. Motion carried, Councilman Graham voting no. City Council Minutes February 2, 1970 Page 6 10. At this time the City Council held a public hearing on the appeal of Mrs. Viola M. Defreese, 398 Broad Street, from the order of the City Engineer to abate a drainage channel obstruction on her property. Mayor Schwartz declared the public hearing open. D. F. Romero, City Engineer, explained that the standard City notice sent out by the City had not made it entirely clear that the City desired reinforcement of the , existing board wall. Rather than contact the City for clarification, Mrs. Defreese had hired an attorney to file a formal objection to the City action. The City Engineer stated that the City's desires were only that the wall be made safe so as not to constitute a drainage hazard. Mrs. Defreese appeared before the City Council stating that she did not believe that her pipe and board fence constituted a hazard to the free flow of water through the creek. She felt that the fence and pipe are essential to the pro- tection of her property in guiding the water around her property to avoid damage. She felt that if the fence were removed it would be a detriment to her property. Further, she felt that her property was on the outside part of the creek where all the wash comes and without the protection of this fence she would lose much of her property. She stated she would agree to making whatever repairs were necessary to strengthen or improve her fence but she did not feel that she could remove the fence without causing damage to her property. D. F. Romero, City Engineer, stated that if Mrs. Defreese made improvements to the fence, she would meet requirements of the posting. Mayor Schwartz declared the public hearing closed. No action was taken by the Council as the property owner promised to make the necessary improvements. 11. At this time the City Council held a public hearing on the appeal of S. V. Cole from the order of the City Engineer to abate drainage channel obstruction his property at 1041 Higuera Street. D. F. Romero, City Engineer, explained that the building supports for the structure at 1041 Higuera Street obstructs the clear flow of the creek and could cause hang -up of debris with subsequent damage to property in the neighborhood. He continued that his study of this problem shows that the building supports are badly undermined and disintegrated in addition to being creek obstructions, these building supports must be repaired in order to protect the building. Mayor Schwartz declared the public hearing open. S. Cole appeared before the City Council stating he felt that the City of San Luis Obispo was partially responsible for creating the problem of the building supports as the City had approved a building permit and building plans thirty years ago for construction of.this building in the way it had been built. He felt that part of the cost of repairing these building supports should be shared by the City taxpayers as the City had approved the construction. He stated it would cost approximately $15,000 to correct the problem and make the building safe. He stated he was willing to repair the underpinnings as originally con- structed, but he felt that anything beyond the original construction should be paid for by someone besides himself. Councilman Graham asked what was the least that could be done to alleviate this problem at the least cost to the property owner. Councilman Miller stated he felt that if the City has approved the construction plans and issued a building permit for construction then the City-.must assume some responsibility for correcting this problem. Councilman Spring agreed that the City morally must assume some responsibility as they had issued a building permit and approved the construction plans. City Council.Minutes February 2, 1970 Page 7 H. Johnson, City Attorney, explained the City's responsibility in issuing a building permit. In.particular, he emphasized that the mere fact that a building permit had originally been issued for a structure does not .mean that the doctrine of estoppel will.prevent.the City from subsequently declaring the structure a public nuisance and.ordering abatement proceedings where the public welfare and safety would be adversely affected if the building were to remain in its present condition. Councilman Blake stated that he felt that if Mr. Cole would repair the building to keep it from falling into the creek then possibly the City could cooperate in the correct -ion of .the.drainage channel obstruction. He continued he felt that the. .City had no.legal responsibility to repair this building, but -.they possibly had a moral responsibility as they had issued the building permit. Councilman Spring stated he felt that Mr. Cole should be allowed.to restore the underpinnings of the. building as originally approved by the City and then if storms should again damage the supports, Mr. Cole would be responsible,:. Mayor Schwartz declared the public hearing.closed. J. -Kellerman, Chief .Building Inspector, explained to the Council the problem faced by Mr. .Cole in repairing these columns in addition to any problem's in the creek below. He explained that to repair these supports in their present location, it would be necessary to remove and reinstall them with deeper bearing. It was pointed out that Ordinance No. 459 (1969 Series) -- Drainage Channel Obstructions— prohibits.the Building Department from issuing permist.for the erection of any obstruction in the creek channel. Mr. Kellerman then asked if, in.the light of this ordinance, can-the Building Department permit,Mr, Cole to effect•a repair of the building supports in their present location? Councilman Miller suggested that the Mayor appoint a• committee to study the City's responsibility, if any; for problems arising after the City has issued 'a building permit. Councilman Graham asked if other. alternatives could be :presented for the Council's consideration, as this was only the first public hearing. Mayor.- Schwartz suggested that the City Council could do one of the following at this time: 1.. Take action and -order the obstruction repaired or removed. 2. Continue the matter and have a consulting engineer look into the problem: I • . 3. Appoint a Council committee to resolve the.moral problem of.. the City's involvement due to the building permit. . On motion of Councilman Graham, seconded by Councilman Miller, that 1) the build- ing department be authorized to retain a consultant to study the Cole problem, including the drainage channel and 2)-that the Mayor appoint a committee to look into the City's obligation. Motion carried. Mayor Schwartz appointed Councilmen Blake and Graham as a committee to study the City's responsibility in this matter, .with Councilman Blake to act as chairman. 9:55 P.M. Mayor Schwartz declared a recess. 10:05 the meeting reconvened with all councilmen present. 12. At this time the City Council.held.a public..hearing-on the.suggestion`to require compulsory garbage collection in the City. Mayor:,Schwartz stated that the.purpose of this informal.hearing at..this time was to hear comments from the public on the.proposal that had been made to the City Council to enact an ordinance which would require compulsory garbage collection for all properties within the.City. City Council Minutes February 2, 1970 Page 8 He continued that this proposal had been made to the City Council in an attempt to eliminate the garbage problem caused by people throwing their garbage and trash into the creeks and other drainage channels of the community. He continued that the City Council had no specific proposal under consideration at this time, but had called this hearing to hear comments from members of the community. Mayor Schwartz declared the public hearing open. J. Bazin stated he was in support of compulsory garbage collection for all properties within the City, but felt that a better method of contacting the pub- lic to get their feelings on this matter must be found. He felt that a poll of some type must be taken in order to counteract the noisy minority who will oppose this proposal. R. Leitcher asked what the.purpose of mandatory garbage collection was. Mayor Schwartz read a section from the State Public Health Code which stated in part when all residents subscribe to collection.service there is less likelihood of rubbish accumulating around properties which tends to attract flies and rodents. L. Shankland stated he would support compulsory garbage collection as well as a plan to ban all outdoor burning, but he.felt that the City should own the garbage collection system and not grant a subsidy to a private company. D. Tenenbaum stated he was in favor of mandatory garbage collection and no out- door burning, including the Fire Department's weed burning program, but.he felt that with mandatory collection and the City handling the service, the rate should be excused from compulsory garbage collection. Mrs'.'_Bressi',::.North Broad-Street, stated she was opposed to compulsory garbage collection for herself as.she lives on a ranch with a large acreage outside the City limits and she felt•that� she and other property owners like herself should be excused from compulsory garbage collection. 1 L. Blaser stated he would support mandatory garbage collection for the City of San Luis Obispo. B. Corrck felt that a better method of polling the citizens should be found in order to let everyone know what is being.proposed under this plan. J. Applegarth objected to compulsory garbage collection and felt that a broader consensus of the public is needed before the City Council goes into the program. He felt that consideration should be given to the property owners who have gar- bage disposals in their homes and would only have a minimum amount.of garbage collected. He continued that in his case, he takes the cans that have accumulated around his home to the City dump several times a year. T. Hyer objected to compulsory garbage collection due to the fact that the garbage company is privately owned and he felt that many people would object to subsidiz- ing a private company. H. Blassingame stated he would support a compulsory garbage collection ordinance but he also felt that the City should operate the collection system. Dr. R. Alberti suggested that the City Council should include in their study all methods of cleaning up our environment. He was not sure that mandatory garbage collection was the answer but he felt it should be studied: He also felt some- thing should be done to stop outdoor burning in San Luis Obispo as he felt it was an environmental problem with a light haze hanging over the City. Mrs. Dubin presented a study she had prepared for the Council's consideration of the construction of a compost plant;to reduce all waste and-garbage-into usable compost. She continued that -in her studies she had found that the federal govern- ment would cooperate financially.with communities building compost plants. She gave examples of similar plants throughout the United States. She continued that the compost manufactured by this plant could be used to build up the soil on farms in the county and for City gardens and parks; She stated she felt that one plant could serve the City and the entire county and she hoped that the Council could spend some time looking into this matter. City Council Minutes February 2, 1970 Page 9 B. Leitcher suggested that possibly an advertisement in the paper explaining the proposed program might enable the Council to hear the feelings of the public on the compulsory garbage program. L. Schlobohm, Fire Chief, stated that he would support the proposal for a com- pulsory garbage collection system and for banning all outdoor burning in the City, including the Fire Department's weed burning program. Councilman Miller stated he felt the Council must now move ahead with some type of compulsory garbage program and a ban on outdoor burning within the City. Councilman Graham stated he would support a program of mandatory garbage collec- tion and would also support a ban on outdoor burning. Councilman Spring suggested that the Mayor appoint a Council committee to meet with representatives of the Garbage Company and County Health Department to dis- cuss the proposal to initiate mandatory garbage collection and a ban on outdoor burning within the City. Councilman Blake stated he felt the City Council had already gone on record sup- porting compulsory garbage collection and a ban on all outdoor burning. He felt that now the City Council should proceed with the development of this program. He. continued that he felt the public had been notified of this meeting and if more people objected to the proposal they would have attended the meeting to offer their objections as had those who had appeared this evening. Mayor Schwartz stated that it has been his feeling that the people of San Luis Obsipo want and demand of the City Council, a community effort to eliminate the City's solid waste disposal problem and he was sure that the people of the community were now ready to do whatever is necessary to clean up our environment. He also agreed with the proposal to appoint a Council committee to look into a proposed ordinance to implement the mandatory garbage collection system. ' Mayor Schwartz appointed Councilmen Spring and Miller as.a Council committee, with a report of recommendations to be made to the City Council on March 16, 1970, 13. At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the City'-s General Plan in Planning Commission Study Area 6, bounded by Sydney Avenue extended, Southern Pacific Railroad, Johnson Avenue and Buckley Road extended. R. D. Young, Planning Director, presented a map showing proposed changes and ex- plained that the Commission has.studied quadrant six of the community defined as the.area south of Bishop .Avenue and east of the Southern Pacific Railroad right - of-way. As a result of this study it-was the consensus of the Commission that the Plan in that area should be amended as follows: change the area along bbth sides of Augusta Street between Sinsheimer School and Laurel Lane from low to, medium density residential to high density residential; change the area on the south side of Orcutt Road east of the Southern Pacific Railroad right- of-way from low.to medium density residential to medium to high density.residential; change the area east of the Southern Pacific Railroad right -of -way, now proposed for industrial use to low to medium density residential: In addition to the above mentioned major changes, the Commission also recommended that the Plan in this area be amended to reflect existing conditions as shown on the map presented to the Council. Mayor Schwartz declared the public hearing open. P. McMillan, property owner, agreed with the amendment as proposed by the Plannning Commission but he also felt that the land west of the Southern Pacific Railroad right -of -way and south of Orcutt Road should also be changed to allow high density residential use so that the land could be developed. He continued that this land has been zoned for industrial and manufacturing use for a great number of years and rio development.has taken place.. No one appeared before the City Council against.the proposed amendment to the General Plan. City Council Minutes February 2, 1970 Page 10. Mayor Schwartz declared the public hearing closed. The City Council discussed the proposed amendment to the General Plan as recom- mended by the Planning Commission. Councilman Miller felt that the Planning Commission should have studied amendments to the General Plan for the entire City and not just a small area. He felt.that study areas 3 and 4 should also have been studied. He then presented the following statement.for the Council's consideration: The City of San Luis Obispo is stifling the development of housing by means of outdated zoning restrictions. The low- income family has for years experienced difficulty in finding decent housing within the City. Many of these people have to reside outside the com- munity. This places an additional burden on these people because of increased transportation costs. Today we find the low- income people are being joined by middle- income families who cannot find housing within the City. Now I recognize the City is not totally responsible for the housing shortage. We are, however, a contributing element. What has happened is this: 1. Land costs have increased. 2. Land improvement costs are up. 3. Money, the stuff to finance homes, is expensive. 4. Building material and labor costs have gone up. .All these factors added together exclude middle- income families from purchasing a home. It seems reasonable to say that the.single- family residence as we de- fine it - one house on a 60' by 100' lot - is history. Except for the fortunate few in.the upper- income group. This is not a matter of class distinction. It is economics - housing is essential - this City Council must act now to alleviate the housing shortage. What can we do? First, we must remove the unrealistic zoning freeze we have imposed on property. The allowable density for single - family housing must be increased. No longer is the 6,000 square foot minimum lot size for R -1 economical. This is not to say we must discourage large R -1 lots. They have their place in upper- income tract developments. We must reduce the R -1 lot size for several reasons. First, to stimulate housing by reducing development costs, and second, to achieve better utilization of land area. Another feature in R -1 zoning that ought to be modified in some areas of the City is allowing row (stacked housing) or modified row housing. PRESENTLY ZONED LAND IN CITY When the zoning map of the City is examined we find our City has failed to keep pace with a changing economy. A lay person can see immediately large areas of , R -2 zoning near the City core. This land must be zoned to high density resid- ential to allow economical utilization of the land. We find other areas of the community zoned R -1 when in reality this land should be zoned for higher density residential. To be specific -- single family zoned land on our arterial streets is not realistic. With the cost of single - family homes as they are, no one can get the financing to construct a $20,000 or $30,000 house on an arterial street. Yet we refuse to face reality and insist R -1 on a major City street is good land use. City Council Minutes February 2, 1970 Page 11 We still have R -1 adjacent to the railroad in several areas in our community. May I ask? Is this good planning? Summing up, we must recognize high- density residential must be permitted in and around our downtown area. Our arterial streets must be zoned for a higher den- sity. Lastly we ought to take a -look at our height limit. We probably will find our limits should be increased. MOBILE HOME PARKS AND FACTORY BUILT HOMES I have continually hawked the cause for mobile home parks. Until recently most cities looked down their nose at this type of housing. Look at the location of this community's mobile home parks -- near the sewer farm or down by the railroad. Recently the City granted a mobile home park in the Laguna Lake area, which proves they deserve to be in residential areas. I do not think it unreasonable to allow this type of housing development to lo- cate in and around residential areas. Certainly this city could write a code stiffer than the state code (which is good), and give mobile home folks a chance to live in residential areas; at the same time protecting the residential areas from future blight. What has this city done with their zoning and building codes to facilitate the placement of factory -built homes? I'm afraid we have done little planning in this area. Where will we allow this housing to locate? Will our building and fire codes permit factory -built housing? Have we negotiated with the building trade unions for construction compacts? As far as I know we have done none of these things. Are we going to wait until the day of confrontation? Then the community will be in an uproar - the battle lines will be drawn. Who suffers? The innocent family looking for decent hous- ing. Thus, I urge the Council to waste no time. We must get with it. Even if this means meeting three or four extra times a month. We have allowed too much time to pass. We unintentionally find ourselves playing the role of "hard hearted" City Councilmen out to stop progress. Not by design - just innocent inaction. Mayor Schwartz stated that the reason the Planning Commission studied this plan- ning area only was that a development is ready to proceed and the Planning Commission studied this area first in order to accomodate the developer. He too agreed with Councilman Miller that the Planning Commission should consider the General Plan of the entire City. He felt that this particular recommendation of the Planning Commission was a good one for the east side of the Southern Pacific Railroad track. On motion of Councilman Graham, seconded by Councilman Blake, the following res- olution was introduced. Resolution No: 2010, a resolution amending the General Plan to show changes in quadrant six thereof. Passed and adopted on the following roll call vote: AYES: - Emmons Blake, Myron Graham; Arthur,F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ' ABSENT: None 14. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from M to R -H -AH that property located at the southeast corner of Bullock Lane and Orcutt Road, being lot 120 and a portion of lot 119 of the San Luis Obispo Suburban Tract. J. H. Fitzpatrick, City Clerk; stated that 11 the property owners within 300' of the proposed rezoning had received written notice of the public hearing.' Citv Council Minutes February 2, 1970 Page 12 R. D. Young, Planning Director, presented the following recommendation of the Planning Commission for this proposed rezoning: 1. The subject property is'9:2 acres in ar.ea.'The property is zoned M and has frontage on Orcutt Road and Bullock Lane. Five acres of the subject property are developed with a mobile home park and the balance of the property is developed predominantly with single family residences. 2. This application was initiated in order to allow expansion 'of the ' existing mobile home park which is a part of this rezoning.request. 3. The subject property falls within quadrant six of the City of San Luis Obispo described as that area south of Bishop Avenue extended and east of the Southern Pacific Railroad.right -of -way with the easterly.and southerly boundaries being the City limits line. Within quadrant six there are 20-acres zoned for multiple family residential use and 14.5 acres are developed or plans for.development are pending. 'Within this quadrant there are 77 acres zoned for industry and 12 acres are developed for industrial use. 4. The Commission has taken action to recommend to the City Council that the General Plan be'amended to show medium to high density residential use for the general area in which the subject property is located: 5. The Commission was of the opinion that in view of its recommendation 'to amend the General Plan, the requested prezoning was appropriate. Mayor Schwartz-declared the public hearing open.' No one appeared before the City Council for or against the proposed rezoning. Mavor Schwartz declared the public hearing closed. Mayor Schwartz stated he questioned the City rezoning all'the property along Bullock Lane and Orcutt-Road before acquiring themland the City will need for construction of the railroad overcrossing. He felt that by rezoning this property at this time the City is just increasing the cost of the land for future acquisition. Councilman Miller stated he disagreed with the Mayor. He felt it was unfair to expect property owners to wait until the.City makes up-its mind where the overcrossing will go and what property will be needed for its construction. He felt that only the City would gain by holding down the value of the land and he did not feel this was the duty of the City Council. Mavor Schwartz suggested that if a development was pending on a portion of the area to be rezoned, then-the City Council could.rezone that.portion only. On motion of Mayor Schwartz, seconded by Councilman Spring,.the following ordin- ance was introduced. Ordinance No. -478, an ordinance amending the Official Zone Map of the City.of San Luis Obispo. (To rezone from M,to R -H AH that property located at the.southeast corner of-Bullock Lane and Orcutt Road:) Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring Donald Q. Miller,'Kenneth E. Schwartz NOES: None ABSENT: None 15. At this time the City Council held a public hearing on the recommendation of the Planning Commission to pre -zone from A -1 AH to R -H -S AH that land located at the southwest corner of Orcutt Road and Johnson Avenue, being Lots 122, 123 and 124 of the San Luis Obispo'Suburban Tract. J. H. Fitzpatrick, City Clerk, stated that all property owners within 300 feet of the proposed rezoning had received written notice of the public hearing.' R. D. Young, Planning Director, presented the following recommendations of the Planning Commission for this rezoning. 1. The subject property is.contiguous to the incorporated limits of the City - of San Luis Obispo. It'is approximately 30 acres in area and "is zoned .County A -1 AH (light agricultural.airport hazard). 2. The applicant is proposing to annex this area to the City of San Luis Obispo and.is. requesting pre- zoning to R -H AH (residential high density - airport hazard) with the pre - zoning to become effective upon effective date' "of annexation. 3. The subject property is bounded by an.M District to the west,.R -1 District to the north,.and'an A -1 AH District-to the east and south. There is an existing- mobile home park immediately contiguous to the west. Property to the East, South and Southwest is presently vacant or in agricultural use. 4. The Commission has taken action to recommend to the City Council that the General Plan be amended:to show'medium"to-.high density residential use for the general area in'which. the subject property is.located. - 5. The Commission was of the opinion that.in view of its recommendation to amend the General Plan, the requested prezoning was appropriate. However, in order to assure-that the future development of the property would be compatible with adjoining properties, it was recommended that the "S" eesign control) designation be attached: Mayor Schwartz declared.the public hearing open. No one appeared before the:City Council -for or against the proposed rezoning. Councilman Miller presented a letter from W. E. Rice, 1436 Orcutt Road, protesting the rezoning on the basis that she feels it would:be a detriment to the.residents of the area due to the increased traffic in the area and decreasing existing property values. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Spring, the following or- dinance.was introduced.: Ordinance.No. 477, an ordinance amending -the.Official Zone Map of.the City of Sail Luis Obispo. (To prezone from A -1 AH•to R -H -S AH that land located.at.the southwest corner of Orcutt.Road and .Johnson Avenue.) Passed to print on the following roll call vote:. AYE_S:. Emmons Blake,,Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 17. Communication from D. F. Romero, City:Engineer,.requesting Council approval of his approach for.the"Highland Drive Assessment.District. His cost figures include the privately owned property, City property and a payment . to the City on the cost of the off -site improvements put in by the City for the street facing the private property to be bought. He continued that.prior.to proceeding with the project, he wished to have the Council's guidance on a problem that had arisen.. On the extreme westerly end of.the.street.a 30 -foot parcel :of land is desired by both Councilman Miller; who.wishes.to..usethis.-as.an access to the. =ear of .his property fronting Felton Way, and Mr. L. V. Hanson,,549 Highland Drive, who wishes to widen his lot fronting Highland Drive. He stated that both property owners had valid arguments as to why they wished to acquire this parcel of land. He suggested a compromise whereby Mr. Hansen can acquire the westerly ten feet of the parcel to widen his lot and Mr. Miller the easterly twenty feet in order to construct an access - driveway to the rear of.his.parcels.- Mr.. Romero stated that prior to proceeding with the preliminary assessment spread this problem must be resolved by the City Council. Communication from L. V. Hansen, requesting that the,City Council allow him to purchase the thirty -foot parcel adjacent to his property at 549 Highland Drive so that he can develop his property into a more adequate use for his family. City Council Minutes February 2, 1970 Page 14 Communication from Donald Q. Miller stating the reasons why he wished to acquire this parcel on Highland Drive. He stated that the main problem is that he cannot presently service the rear portion of his properties on Felton Way with wheeled vehicles for weed control and drainage channel maintenance and he felt that by allowing access to Highland Drive he will be able to use this 30 -foot strip for this purpose and also to develop the rear of his property. He continued he felt the Council had agreed to give the'property owners on Felton Way the opportunity to purchase from the City the land directly behind their lots that fronted on the Highland Drive Extension. L. V. Hansen appeared before the City Council on behalf of his request, stating that.he was opposed to D. Q. Miller acquiring this property as he "was sure if this happened, Mr. Miller would develop the property to high density,use which would be a detriment to his R =l property. Councilman Spring left the meeting at 12:00. H. Johnson, City Attorney, explained that due to the provisions of Government Code section 1090 dealing with conflict of interest, a City Councilman cannot bid on the sale of any City property while he is on the City Council. Councilman Miller requested that this matter be continued so that -he can contact his attorney to see exactly what the legal interpretations were. Councilman Miller left the meeting at this time (12:10 A.M.) The City Council instructed the City Engineer to include all costs for land and improvements in the assessment district in accordance with present City policy.. The matter was continued to the next Council meeting. 18. Communications from H: H. Kusumoto and Lois King Crumb; regarding the danger- ous traffic situation on Johnson Avenue at Bishop Street. They requested that the City Council do something to protect this intersection, preferably installation of traffic signals. D. F. Romero, City Engineer, reported to the City Council that he had informed Mr. Kusumoto that his office will have plans and specifications ready for const- ruction of a traffic signal at this intersection in April 1970 with construction to take place early this summer, provided funds are approved in the coming budget. The City Clerk was instructed to write each person a letter stating that the traffic signal will be constructed this summer. 21 & 22. On motion of Councilman Blake, seconded by Councilman Graham, the Mayor was authorized to sign and record on behalf of the City an agreement and Deed of Easement from J. W. Lind for the Benton Way sewer line and also a Quitclaim Deed from the Sari Luis Coastal Unified School District for street widening on San Luis Drive. Motion carried: 23. On motion of Mayor Schwartz, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 2009, a resolution increasing the 1969 -70 budget. (Account-No. 251.13, Library Trust Fund Purchases be, increased by $25.00) Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Kenneth E. Schwartz NOES: None ABSENT: Arthur F. Spring, Donald Q. Miller.. 26. On motion of Councilman Graham, seconded by Councilman Blake; the following contract payments were approved and ordered paid. Motion carried. 1 1 1 City Council Minutes February 2, 1970 Page 15 J. A. O'Kelly & Son Highland Drive Extension City Plan No. 22 -.69 Ji A. O'Kelly & Son Highland Drive Extension City Plan No. 22 -69 Gleim -Crown Pump Co. Overhaul Sewer Digestor Assemblies Mixers City Plan No. 4 -70 Est. 414 $4,766.96 Est. 415 $2,098.10 (Final) Est. 412 $3,042.00 27. On motion of Councilman Blake, seconded by Councilman Graham, the meeting adjourned to 12:15 P.M., February 4, 1970 to continue items 16, 19, 20, 24 & 25. APPROVED: February 16, 1970 J. FITZ CK, CITY CLERK