HomeMy WebLinkAbout01/05/1970MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
January 5, 1970 - 7:00 P.M.
City Hall
Pledge
Roll Call
Present: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz .
City Staff
Present: R. D. Young, Planning Director; d. H. Fitzpatrick,
City Clerk; J. Stockton, Park and Recreation
Supervisor; H. Johnson, City Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City Engineer;
L. Schlobohm, Fire Chief; E. Rodgers, Police Chief.
The minutes of the meeting of December 15, 1969 were approved as presented.
On motion of Councilman Blake, seconded by Councilman Graham, claims against the
City for the month of January 1970 were approved subject to the approval of the
Administrative Officer. Motion carried.
1. The City Council considered the resolution of the City of Paso Robles regar-
ding pollution control and requesting:the Board of Supervisors of the County of
San-Luis Obispo to take action to-begin controlling all types.of 'pollution in
the County.
Mayor Schwartz stated he agreed with the intent of the resolution and hoped that
the City of San Luis Obispo would adopt a similar but stronger resolution so
that the County of San Luis Obispo-and all its cities could begin work on con-
trolling all types of pollution in the environment.
Councilman Miller made the following statement.
The City of Paso Robles is to be commended for their action on the problem of
pollution.
There is need for control. We the cities must step forward and recommend to all
levels of government that we "declare war on all forms of pollution ".
Recently-I proposed to the Council that we consider setting a definite date to
bar the sale of the internal combustion engine in our City unless proper.smog
control devices be installed on new cams.
Is this asking too much of Detroit? Is this too.radi:cal? - - is it?
Air - pure air. - is a vital substance in substaining life. If so then why do we
as a people allow a known polluter - the automobile - to continue unabated to
foul our air?
bt,suggestions are:
1. Join Paso Robles in pledging our support of a County pollution ordinance.
2. Our City to hold public hearings to consider the adoption..of the following
ordinances: a -) Compulsory solid waste collection; b) Prohibition of all
burning except in domestic fire places.
3. Representatives from the State of California-be invited to publicly present
their program in air pollution control.
4. Manufacturers of automobiles be requested to publicly present their program
for manufacturing smog free engines.
Why, you may ask, bother the manufacturer? Isn't it time they were bothered? I
suspect their many years of indifference can be traced to their near immunity to
public scrutiny. It is time we aimed the spotlight on Detroit.
City Council Minutes
January 5, 1970
Page 2
Councilman Spring agreed with the comments made by the Mayor and Councilman Miller
but also felt that in addition to the air and other pollution problems, the City
should take some action against the disposal of solid waste, particularly that
being disposed of in the creek and other open areas. He also felt that possibly
the City Council should consider some sort of compulsory garbage pickup so there
could be no excuse for anyone not disposing of garbage and other solid wastes.
Councilman Bl.akez agreed with the proposal of initiating a mandatory or�.compul-
sory garbage pickup within the City as he felt this was one of the biggest
problems in keeping the City clean. He suggested that the City Council hold
public hearings on this problem in order to hear the feelings of the citizens,
regarding pollution, dumping, etc.
Mayor Schwartz stated he felt that the people of San Luis Obispo and the sur-
rounding area.were very ai-mre of the pollution problem and he felt that the
majority of the people would go•along" with the Council's efforts to protect the
air, water'and land of the community. At the same time the-Council considers
developing a mandatory garbage collection system,the City might also consider
outlawing all outdoor burning, except barbeques and fireplaces, to go along
with the clean air program.
Councilman Graham suggested that the'Council should study the proposal carefully
before holding_:a public hearing so that all possible questions brought up by.the
citizens could be answered. He questioned a mandatory or compulsory garbage col-
lection system as he'felt that many people might be upset at being forced to have
this type of service.
The City Council discussed the best approach for initiating a mandatory garbage.
collection system -and outlawing all outdoor burning with the exception of -bar-
beques and fireplaces. 1 1.
Councilman Miller suggested that whatever is done by the City Council regarding
this matters that the public be'kept informed as to what the Council is doing
without springing anything on them with no prior information.
Councilman Blake agreed that the City Council should hold a public hearing in
order to get the feelings of the citizens before a lot of staff . time is expended
on this problem.
On motion of Councilman Blake, seconded by Councilman Miller, that the -City
Council hold a public hearing to determine the desirability of a compulsory
garbage collection system in the City and prohibition of outdoor burning. The
meeting was-set-for February'2, 1970 at 8:00-P.M.
The'City Clerk was instructed to write the Mayor of Paso Robles commending the
City for the passage of its resolution.
2. Request from R. D. Miller, Administrative Officer, for permission to make
the required salary -arid wage survey of other comparative public and private
agencies as required in the City Charter.
On motion of Councilman Millers seconded by Councilman Blake, the request was
approved and the Administrative Officer was authorized to make the salary and
gage study. The cities of Oxnard and Santa Barbara were to be dropped and the
City of Santa Cruz added to the study. Motion carried.
3. R. D. Miller, Administrative Officer., introduced Tom Harding, who had been
appointed to be Deputy Director of Civil Defense for the City of San Luis Obispo.
On motion of Councilman Graham, seconded by Councilman Spring, the appointment
of Tom Harding as Deputy Director of Civil. Defense for. the City was approved.
Motion carried.
5. Communication from the Planning Director, requesting that Jack Wilson be
given a temporary appointment to the Design .Review Board to fill the position
of Bob Reynolds who has been unable to participate on the Board due to.illness.
The temporary appointment is necessary so that a quorum can handle the ba6iness
brought before the Board.
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City Council Minutes
January 5, 1970
Page 3
R. Levine, Chairman of the Design Review Board, stated he had contacted
Imo. Wilson and he would be happy to work on a temporary basis. Also, he had
contacted Mr. Reynolds and he had no objections to,the temporary appointment
during his illness.
On motion of Councilman Spring, seconded by Councilman Blake, Jack Wilson was
given a temporary appointment to the Design Review Board. .
6. On motion of Councilman Blake, seconded by Councilman S ring, the following
ordinance was introduced for final passage. Ordinance No. 472.. an.ordinance
amending the Official Zone :lap ofethe.City of.San Luis Obispo. (To rezone from
R -1 and PD R -3 to R -H-S that property known as 1192 Foothill Boulevard.)
Finally passed on the following roll call vote:
AYES: Emmons Blake,•.Myron Graham., Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
7. On motion of Councilman Graham, seconded by_Ccuncilman S rin ,
ordinance was introduced for final passage. Ordinance No. 467, an
amending the San Luis Obispo Municipal Code to•establish a building
on Osos Street from Monterey Street to Higuera Street.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz.
NOES: None
ABSENT :: None
the following
ordinance
setback line
8. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from M-R AH and M -R to M -S' AH that property
generally located north of Orcutt Road between Broad Street and the Southern
Pacific Railroad right -of -way. •
The City Clerk reported that the notice of public hearing.had'been advertised for
ten days prior to the hearing and that all property owners within 300 feet.of the
boundaries of the proposed rezoning had been notified in writing,
R. D. Young, Planning Director, presented the following recommendations of the
Planning Commission for rezoning.
1. The subject property was recently annexed to ihe.City. While under County
jurisdiction it was zoned.M (light manufacturing). Upon annexation the prop-
erty was automatically converted to City M-R (research - manufacturing) which is
the closest City designation to the County M classification.
29 The existing uses within the area proposed for rezoning predominately fall
within the category of the M Classification and there appears to be no develop-
ment that conforms to the uses permitted or the standards set forth in the M-R
District.
3. Since the M- R .District is basically a manufacturing - research district, the
industries permitted are limited and the development standards are very restric-
tive,therefore making it difficult if not impossible to develop the remaining
vacant parcels within this area.
4* It was the consensus of the Commission that the M Classification would be
appropriate for the area, however, the Commission was.of the opinion, that the
S (design control) designation should'be attached to the M zone in order to en-
sure that the development of vacant properties would be compatible with existing
::e.developmento
City Council Minutes
January 5, 1970
Page 4
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman -Graham., seconded by Councilman. S i i the following or-
dinance was introduced. inane No. 473, an ordinance amending the Official
Zone Map of the-City of San Luis.Obispo. (To rezone from M-R AH and M -R to
M-0 AH that property located generally north of Orcutt Road between Broad Street
and the Southern Pacific Railroad right -of -Way.)
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
9. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from R -1 and R -3 to PD:R-0 that property gener-
ally located on the south side of Johnson Avenue Between the Southern Pacific
Railroad right-of-away and Ella Street.
The City Clerk reported that the notice of public hearing had been properly ad-
vertised and that all property owners within 300 feet of the boundaries of the
proposed rezoning had been notified.
R. D. Young, Planning Director, presented the following recommendations of the
Planning Commission for the rezoning.
1. The subject property is approximately 32.2 acres in area and is presently
zoned R -1 and R -3. It is bounded on the north and east by an R -3 District
and on the south and west by an R -1 District. The property has:: frontage
on Johnson Avenue, which is designated as a mahor street on the Major-Street
and Highway Plan. �r
2. The applicant is requesting rezoning of 13.6 acres -of R -1 property and
19.2 acres of R -3 property to.PD R-0 in order to develop a medical complex
consisting of'.a 156 -bed hospital, a medical clinic, medical offices, extended
care facilities.and 24 multiple family units.
3. The applicant is proposing the development in three phases: The phasing
is as follows Phase I. 156 -bed hospital, 57j680 square foot clinics -428
parking spaces, to be completed within two years of date of approval.
Phase II. Addition of 45,000 square foot medical office, addition of 129
parking spaces, to be completed within five years after completion of
Phase I. .Phase III. Extended care facility, board and self care facility,
24 apartment units, parking - not enumerated, to be completed withia five .
years after completion of Phase II.
4. The Commission was of the opinion that the proposed development, if
developed in accordance with the conditions established by them would not "'
be in conflict with the General Plan recommendations for this general'area.
The Planning Commission recommended approval subject to the followingcconditions:
1. Phase I shall be completed within'two.years from date -of approval.
20 Preliminary plans shall be resubmitted for Phases IT and III at such
time as the applicant is prepared to initiate the respective phases.
3. Street trees shall be planted along all street'frontages'subjeet.to
approval of the Parks and Recreation Department.
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City Council Minutes
January 5, 1970
Page 5
4. The Plan shall be modified to eliminate the parcel 81 feet by.150 feet at
the northwest corner 6f the property. The site plan shall be redesigned to
provide for the shift of the driveway and the proposed.structures in Phase I,
81 feet to the south with said redesign to be approved by the Department of
Planning and Building.
6. One•fire hydrant shall be installed adjacent to the.hospital and medical
offices entrance, Johnson Avenue 300 feet north of Ella Street.
7. One fire hydrant shall be installed adjacent to the hospital entrancep
Ala Street, 330 feet west of Johnson Avenue.
8. InstaDlation of two private fire hydrants at rear of hospital, clinic
and medical offices complex, these to be installed as part of Phase I con -
- structions and to include the 8 -in6h water main for supply of these hydrants
as well as installation of an 8 -inch Hersey FM compound.water meter on the
Johnson Avenue frontage.
9. At such time as Phase III is approved, the extension of the 8 -inch private
water main as shoran on the site plan presented, along with installation of the
additional private fire hydrants shown. (Requirements 6, 7, 8 are based on
the premise that the water supply for the automatic..Sprinkler system be sep-
arate from the private system proposed.
109 The parking and access shall be subject to the approval of the City
Engineer and public street improvements shall be required only on the ad-
jacent street frontages as each phase develops.
11. Development shall be in accordance with all conditions established by
the Planning Commission and with all applicable codes and ordinances.
12. A.-precise plan for Phase I shall be submitted within six months and at
such time all property within the development shall be under the ownership
of the applicant.
Mayor Schwartz declared the public hearing open.
F. Rochlin, architect for the project, appeared before the City Council and re-
viewed for the Council what was being planned for this project. He stated that
the plans and specifications have been in preparation for 18 months and that this
project will be a total health care facility which will replace the French Clinic
and-Hospital on Marsh Street. He stated.that his frim specializes in hospital
design and this hospital when completed, will be one of the finest medical facil-
ities in the state of California. He stated it would be a group.medical complex
offering general hospital care, group clinic offices, offices for staff doctors,
extended care facilities,. including intensive care and cardiac care, self care
facilities and housing for staff members.
He continued that the present plan allows 800 square feet of -area for each bed in
the hospital which is a larger area than in any hospital in California. He then
listed the specific facilities that.will be provided in this complex..
Dr. C. French stated that all the property needed for this development has either
been acquired or is under contract for acquisition.
No one appeared before the City Council against the rezoning.
Dr. French� upon question, stated that this particular location was picked for the
development of this hospital complex due to its size and its availability and its
proximity to other facilities in the area. Another reason was that it was on a
main City thoroughfare which would make ingress and egress easier.
Mayor Schwartz.declared the.public_ hearing closed.
City Council Minutes
January 5s 1970
Page 6
D. F. Romero, City Engineer, stated that the utilities were adequate to�serve the
development. If the sewer line proves to-be inadequate, past city policy would•
call for City cost in enlargement.
Mayor Schwartz reviewed for the City Council the 12 conditions placed upon the
development by the Planning Commission. He suggested that condition #1 be a-
mended to read as' follows: "Phase I be started within two years from date of
approval". He-also suggested that condition #9 be amended to.read as followss
"That the extension of an adequate private water main, etc. be installed at the
time.Phase III is approved ". Further, he suggested that condition #13 be added
as follows: "Driveways on Johnson Avenue should be designed for ingress only".
On motion of Councilman Spring, seconded by Councilman Graham, the folloving..
ordinance was introduced. Ordinance.No. 474, an ordinance amending the Official
Zone Map of the City of San Luis Obispos o rezone from R -1 and R3: to :FD .R-0
that property generally located on the south side of Johnson Avenue between the
Southern Pacific Railroad right- of-way and Ella Street.)
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
10, D. F. Romero, City Engineer, presented for the Council's considerations
the final map of Tract 393., Lynn Subdivision, located at Madonna and Los Oaos
Roads. He also presented for the Councils consideration the nine special
conditions placed on the subdivision.
1. The subdivider agrees to fully improve Madonna Road adjacent to the.
subdivisions except that the parking lane and curbs gutter and sidewalk
are not required on the south side at this time.
2. The subdivider agrees to bring Los Osos Road to sub -grade and install
curb, gutter and sidewalk along the frontage. The City agrees to place
base and paving on Los Osos Road.
39 The subdivider shall reimburse the City the sum of $7,700 (equivalent to
220 lots at $35/lot) for a share of the,capacity,advanced in the sewer.trunk
lines; lift station and force main service the subdivision.
4. The subdivider shall-pay the City the sum of $5,611.55 (76.033 net acres
at $350 /acre) connection charge to the City water system in accordance-with.
Section 74.015 of the Municipal Code.
5. Upon completion and acceptance of the waterline on Madonna Road, and
receipt of a certified statement of costs the City will pay for the.dif-
ference between a 12 -inch and a 10 -inch line.
69 It is mutually agreed that the grading permit fee will be deposited°
with other subdivision inspection fees and that these funds will be.treated .
as normal subdivision inspection feels.
7. The developer will install a stop sign on Madonna Road at Los Osos Rd.
8. The developer shall dedicate Madonna Road and furnish assurance of
clear title.
9. The developer shall be entitled to such reimbursements for water and
sewer main installation as are specified under Sections 7410 and 75.00 of
the Municipal Code.
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City Council Minutes
January 5s 1970
Page 7
D._F..Romero continued that the subdivider agreed-to all the conditions placed on
the.subdivision except for ntunbers 3 and 5. He stated that:the developer -felt
that lots i3 thru 24 .,of the subdivision would develop at a lesser density than
would be normal for a housing development. He felt that,the sewer charge could_
more realistically be determined at the time:-of development.of these-parcels.
Also, lot 25 is being developed for a large housing development and he felt the..
sewer charge should be collected from the property owner at the time of develop -
ment:-as this:lot is not under control of the subdivider.
On motion of Mayor Schwartz, seconded by Councilman Graham, that the Council
recognizes.. -the developer's point and approves the request that lots 13 thru 25
be exempt from sewer charges at this-time., with the developer to pay such costs
at the time they are connected to the City's sewer system. Motion carried.
D. F. Romero stated that the,developer wished to offset,the water acreage charge
against the amount of money the City would reimburse the developer for excess
capacity for the water system.
Councilman Blake suggested that the City.Council stand by the existing water..
average charge and not change the policy.
H. Johnson, City Attorney, stated that the City ordinance .did not allow-Any de-
viations on the acreage charge policy.
The second request of the developer.was denied.
On motion of Councilman Graham, seconded by Councilman Blake, the following reso -
lution.was introduced. Resolution No. 2002# a resolution accepting,the final_ map
of Tract 393, Lynne Subdivision subject to the conditions as.amended.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Springs
Donald.Q. Ydners.Kenneth E. Schwartz.
NOESt None
ABSENTt None
On motion of Councilman Spring, seconded by Councilman Blake, the following reso-
lution was introduced. Resolution No. 2000, a reso on.increasing the 1969 -70
budget.
Passed and adopted on the following roll call vote:
AYES#., Emmons Blake, Myron Graham, Arthur F. Springs
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
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12.. Communication from the San Luis Coastal .Unified.School District inviting. the
City Council . to participate in the Cornerstone Ceremony for the Laguna Junior High
School, to be held on February 15s 1970. They also asked the City Council if they
would like to place a momento in the cornerstone-of the b� ".�.
The City Council discussed the possibility of placing a set of pictures of the
community as.of 1970.in.the time dapsule.so.that.people opening the capsule would
be able to see how conditions were in 1970e.
The Council discussed other items and instructed the City Clerk to notify the
school board that.the City Council would participate in the cornerstone ceremony.
The City Clerk was also instructed to act as a clearinghouse for suggestions as
to what the City should place in-the capsule.
City Council Minutes
January 5, 1970
Page 8
13. Communication from the Downtown Association reminding the City Council•of -
the bicentennial of the founding of San Luis Obispo in September 1972, and urg-
ing the Council to take the leadership in planning to make this an outstanding
celebration of the City's 200th year. -The Downtown Association suggested that
the activities should encourage special promotions, etc. to advertise the '-
community.
Councilman Blake stated that the City should cooperate in the bicentennial cele-
bration but felt that it should be on a non - commercial basis. He felt that the
promotion suggested by the Downtown Association should be toned down and the
historical aspects be promoted to bring people to San Luis Obispo to visit the
Mission and other places of interest. He stated that the Historical'Society has
made arrangements with various communities in Mexico which at one time minted
the coinage used in San Luis Obispo, and also the church in Mexico from which
Father Serra started. He stated he felt that this activity should be'
"encouraged.
Councilman Graham agreed that the City should participate, but disagreed with
Councilman Blake on the meaning of the letter as he felt it was not strictly
for business promotion but for community promotion.
Mayor Schwartz asked the City Council if they felt the City should take the lead
in the-matter and from a committee to spearhead the celebration.
The matter was continued with the Council to look into the appointment of a
committee to spearhead the promotion in 1972.
-14. Communication from the California Council on Intergovernmental Relations
notifying the City'Council of a hearing to °.be held in Santa Maria to research
the divisions in the area created by (1) Regional Planning Boundaries and (2)
the State Health Planning Council. At the present time the regional planning
area in which San Luis Obispo is incorporated is REGION 8 which included the
counties of Santa Cruz, San Benito, Monterey, Santa Barbara and San Luis Obispo.
The City Council discussed the communication and Mayor Schwartz stated he felt
that at the last Council meeting the Council had decided that the inclusion of
Sant Luis Obispo in Regional Planning Area 8 was a logical inclusion, but did
not feel that the inclusion of San Luis Obispo in Region 6 of the State Health
Planning Council was logical, as San Luis Obispo, a coastal county, was included
with San Joaquin Valley counties and cities having nothing in common.
Oa motion of Mayor Schwartz, seconded by-Councilman-Spring, that the City of 'San
- -Luis Obispo go on record as stating that they feel that the State Health Planning
Council boundaries for San Luis Obispo:should be the same as the regional plan-
ning boundaries.
The City Clerk wasrto notify the California Council on Intergovernmental Relations
of the Council's feelings prior to the Santa Maria meeting.
9:05 P.M. Mayor Schwartz declared a recess.
9:15 P.M. The meeting reconvened with all Councilmen present.
15. Communication from Gerald L. Parsons, 199 Chorro Street, requesting variance
from the City's driveway standard to allow the construction of a 25 -foot driveway
approach on his property at 199 Chorro. 'The request is based on the fact,-that'in
addition to the-two car garage there is also a carport, so that the family's three
cars can be kept off the street.
D. F. Romero, City Engineer, stated that he personally had no objection to this
request, but he is not empowered to grant the variance for a twenty -five foot
driveway approach.
On motion of Councilman Blake, seconded by Councilman Spring, that the request
of G. Parsons for a twenty-five foot driveway approach on his property at
199 Chorro Street be approved. Motion car 'ried.
City Council Minutes
January 5, 1970
Page 9
16A. D. F. Romero, City Engineer, brought to•the Council's attention the matter
of the undermined building supports for the structure housing Floyd's Bar and
the San Luis Travel Service in the 1000 block of Higuera Street. He continued
that the building supports are in the creek and are actually an obstruction, but
due to the excessive cost involved in correcting the problem he has not placed
it on prior lists of creek obstructions, however, during a recent investigation
he found that the building supports were badly undermined and disintegrated and
work would have to be conducted on them in the immediate future.. If this work
was not conducted it was possible the supports would collapse causing serious
damage to the building and to the drainage system. He continued that if the City
Council did not object,. he would proceed with-posting the property in accordance
with ordinance No. 459.
J. Kellerman, Chief Building Inspector, reported to the City Council that he had
not been aware of Mr. Romero's investigation of this matter but that his depart-
ment had already notified the property owner:of the structural failure of the
building supports.
on motion of Councilman Miller, seconded by Councilman Graham, the City Engineer
was authorized to proceed with posting the property under the provisions of
Ordinance No. 459. Motion carried.
16B. D. F. Romero, City Engineer, reported that his department had conducted
additional studies of the Nielsen retaining wall behind 478 Lincoln Avenue and
had found that the wail as constructed, did not meet minimum City standards as
to footing, thickness, width, etc. Also, the wall did not contain weep holes to
relieve hydrostatic pressure as is a normal City requirement. In.view of the
inadequate construction and the difficulty of providing a reasonable flow char -
acterist -ic, it was the City Engineer's conclusion that the best solution would
be to remove the wall and reconstruct, if desired, by the property owner at a
proper location and with proper construction. He continued that if the wall were
to remain at its present location, the upstream property would be damaged and
' property to the east and slightly downstream would be subject to excessive ero-
sion due to the deflected flow, and further, the wall itself was quite likely to
fail due to inadequate construction.
The City Council discussed the report of the City Engineer, and stated that after
additional study by them they felt the wall must be torn down in order to avoid
damaging adjacent property.
on motion of Councilman Miller, seconded by Mayor Schwartz, the City Engineer was
asked to notify Mr.: Nielsen that the wall must be torn down and removed from the
creek bed. Motion carried.
16C. D. F. Romero, City Engineer, stated that his analysis of the channel near
the Hazard Trailer Park on Higuera indicated that the critical section at the bend
had 30 %.-less-capacity than the channel immediately upstream of downstream under a
condition of peak flow. He continued that his analysis indicated that an equiva-
lent capacity could be provided by excavation of surplus materials immediately
behind the trailers and the improvement of the slope with either sack concrete rip
rap at an:-approximate cost of $17,000 or reinforced concrete grouted slope paving
at:an approximate cost of $13,000. He stated that if this improvement were made
it would require the removal of the sycamore trees which obstruct the flow. The
improvement would extend for the full length of the trailer park but would not en-
croach upon any of the area used by the trailers.
The City Council discussed the possibility of the City joining the property owner
' in offsetting the cost of the improvement to the creek.
H. Johnson, City Attorney, stated that the City Council must keep in mind that
the creek and creek frontage are private:property and the use of any City funds
for their improvement could be considered a gift of public monies. He also ex-
plained the City's and property owner's responsibility if no action is taken to
correct the problem, and further damage should occur due to the obstruction.
The City Council then discussed with the City Engineer various alternatives to
correcting the obstruction to the Hazard property.
City Council Minutes
January 5, 1970
Page 10
on motion of Councilman Miller, seconded by Councilman Blake, that the-property
owner be notified to correct the obstruction behind the Hazard property.
17. D. F. Romero, City Engineer, presented for the Councils consideration five
alternate solutions to the sewer problem•on Benton Way.
Alternate A. Construct a new sewer line on Benton Way, connecting houses on
Benton Way to this line and leaving the houses on Chorro Street'on the existing
line. Approximate cost $15,000. He stated that the disadvantage to this solu-
tion is the serious disruption to the residents and the almost impossible main-
tenance problem existing on the line in the rear easement.
Alternate B. Extend a new main up both Benton Way and Chorro Street connecting
all residences on both streets to these lines and abandoning the existing main
in the rear lot easement. Approximate cost $32,000. He stated that in addition
to the high cost of this solution it has the disadvantage of 'disrupting service
to the residents with a difficult reconnection to each house.
Alternate C. Reconstruct the more northerly 350 feet of the existing sewer line,
in places lowering the line to provide a better grade and installing new first -
class materials which are resistant to root infiltration. Approximate cost $14,000.
The main disadvantage to the solution is the serious disruption which would occur
in the rear yards after the City attempted to conduct the work.
Alternate D. Connect to the existing manhole at the rear of the Anderson property
and extend a new sewer main to Meinecke, thus providing for an overflow in case
the existing sewer line running to the south becomes choked with roots. Approxi-
mate cost $4600. The biggest di- sadvantage to this solution is the continued
maintenance which the City will have on the old line. The principal advantage is
that this is the least expensive alternative which would solve the back -up problem
at the Anderson residence.
Alternate E. Would involve insertion of a new five -inch polyvinyl chloride liner '
inside the existing sewer line and reconnecting all residences to the new line.
Approximate cost $5,000. The principal disadvantage is the disruption which will
occur at each residence as the City attempts to find the lateral and the question
as to whether this size line could be inserted into the existing line and whether
this solution would perform as hoped. The principal advantage is the low cost
and hopefully, reduced maintenance.
D. F. Romero stated that considering all the alternates, including cost involved,
and the fact that only one stoppage has occurred since the City conducted a spe-
cialized cleaning program in December 1965, he would recommend that Alternate D
which extends an overflow line to Meinecke be adopted.
The City Council discussed with the Engineer the various alternates for correct-
ing the sewer problem on Benton Way and agreed that Alternate D as described by
the City Engineer would be the most inexpensive way to correct the problem.
on motion of Councilman Blake, seconded by Councilman Spring, the City Engineer
was instructed to proceed with acquisition of easements for Alternate D with cor-
rections to be made as funds become available. Motion carried.
18. Petition from residents of Highland Drive and adjacent streets requesting
Council consideration of installation of traffic controls on the new Highland Drive
extension. They felt that with the opening of the extension to Highland Drive,
cars will be traveling at excessive speeds along this residential street. They
felt the children should be-protected as well as other pedestrians. The petition
requested (1) that stop signs should be placed on each street at the intersection
of Cuesta and Highland (four -way), and a crosswalk on Highland east of Cuesta,
and (2) a speed limit should be posted at the entrance to Highland Drive from
North Chorro at a maximum of 30 miles,:per hour.
L. Hansen, 549 Highland Drive, appeared before the City Council objecting to the
already heavy traffic using the Highland Drive extension even though it is not
open to traffic. He hoped that the City would make some attempt to control this
traffic until they reach a decision regarding traffic controls on this stree "t.
City Council Minutes
January 5, 1970
Page.. l l
On motion of Councilman Miller, seconded by Mayor Schwartz, the petition was re-
ferred to the Traffic Committee for study and report to the City Council.
19. D. F. Romero, City Engineer, presented for the Council's . consideration a
list of properties lacking standard improvements (curb, gutter, sidewalk, driveway
ramps) where more than 50% of the block is already improved. (File # 212 -235).
The City Council had no objection to the list and the City Engineer was ordered to
1 proceed under the provisions of the 1911 Act.
20A. Communication from the Planning.Commission recommending to the City Council
that that portion of California Boulevard located on the northeasterly side of
California Boulevard 120 feet northwest of the intersection of California Boule-
vard and Phillips Lane, be declared surplus of City needs and be abandoned by
the City.
20B. Communication from Pacific Gas and Electric asking that the abandonment of
that portion of California Boulevard, previously described, include a clause re-
serving to the Pacific Gas and Electric Company easements for the installation,
maintenance, repair, etc. of pipes, wires, poles and other equipment for the op-
eration of said facilities.
D. F. Romero, City Engineer, reported that since the City Council and Planning
Commission had reviewed the request of Dr: Purcell to abandon this property to
him so that he can incorporate this land.'into the development of a medical office
complex, the City Engineer's Office has been "informed by the Division of Highways
that they are presently studying this area for widening the bridge over Highway 101.
He suggested that the City Council defer any action on the abandonment or sale of
this surplus property until the Division.of Highways have completed the study as to
how much if any of this land will be needed for widening of the bridge. .
H. Johnson, City Attorney, suggested that the Council hold up action on this matter
until the Division of Highways has completed its study.
Councilman Blake suggested that when and if.the City takes action on this abandon-
ment, that the clause requested by Pacific Gas and Electric be amended by dropping
the words "both above and" from the reservation.
On motion of Councilman Blake, seconded by Councilman Spring, that the City Council
intends to dispose of this surplus property on California Boulevard subject to the
needs of the Division of Highways for widening of the bridge over Highway 101, in-
cluding a reservation to:Pacific Gas and'Electric for underground utility easements
and other public easements as needed; with the City Engineer to notify the Division
of Highways of the urgency of their decision on this matter and requesting an answer
within sixty days. Motion carried.
21A. Communication from the Planning Commission recommending to the City Council
the abandonment of a portion of Higuera Street on the northeasterly side at the
intersection-, of Prado Road as it is surplus to City needs.
21B. Communication from Pacific Gas and Electric requesting that the City Council
in any action on this property, reserve utility easements for their use.
-The matter was continued as it had been advertised for a public hearing on
January 19, 1970.
22 & 23. H. .Johnson, City Attorney, explained for the Council's information the
' proposed changes in the City's street widening program and changes in policy for
staff guidance in street widening programs.
The City Council discussed with the City Attorney the various provisions of the
ordinance and resolution on the street widening programs and further discussed
the overall philosophy of the City acquiring land for street widening,under the
various conditions.
Several members of the Council objected to the different approcch being considered
for acquiring commercial property and property of.higher density than single.family
density. After discussion the matter was continued to January 19, 1970.
City Council Minutes
January 5, 1970
Page 12
24. Traffic Committee Report'of December 31, 1969.
70 -1 -1T. An obstruction has been noted to visibility and traffic flow at the cor-
ner of Toro and Monterey for northbound motorists on Toro making a left-hand turn
on to Monterey and for eastbound motorists on Monterey making a right hand turn
on to Toro. It is felt that the painting of one red space between the curb return
and the first driveway on the south,side of Monterey west of Toro would help mat-
ters and we so recommend.
On motion of Councilman Miller, seconded by Councilman Blake, the following reso-
lution was introduced. Resolution No. 1998, a resolution establishing a red zone
on Monterey Street.
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
70 -1 -2T. The traffic committee has received a request for a Cal Poly directional
sign at Foothill and Crandall so that visitors to the community will not continue
straight on Foothill to the dead -end. We feel that this request is justified and
recommend that such a sign be installed.
The Council accepted the recommendation of the Traffic Committee.
70 -1 -3C. Recommendation from the Traffic Committee that two spaces in front of
215 Hathway be painted red in order to ease traffic congestion for traffic enter-
ing Hathway from Carpenter Street.
On motion of Councilman Miller, seconded by Mayor Schwartz, the following reso-
lution was introduced. Resolution No. 1999, a resolution establishing a red zone
on Hathway Avenue.
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
25. At this time the City Council discussed the applications for rate'-increases
to the Public Utilities Commission from the following:
1. Pacific Gas and Electric Company
'2. Southern Counties Gas Company
3. Southern California Gas Company
4. Pacific Lighting Service.
Councilman Miller presented the following statement: The Council- is asked to pass
judgement on the wisdom of opposing, favoring or remaining neutral on the proposed
rate increase of the Pacific Gas and Electric Co., the Southern Counties Gas Co.,
Southern California Gas Co., and Pacific Lighting Service. These companies are
public utilities. They are "regulated "by the California Public Utility Commission.
We of the Cities have no knowledge of utility pricing. Cities, consequently, have
no way of knowing whether a utility deserves a rate increase or not.
Does the P.U.C.? Or do they accept the utilities figures without researching to
determine the justification of a rate increase.
As an individual Councilman I can only give opinions. What I say is taken from
tidbits of material supplied by the utilities themselves or from newspaper releases.
1
I
C
City Council Minutes
January 5, 1970
Page 13
First - the Southern Counties Gas Company in their press release announcing ap-
plication for a rate increase state that the parent company, Pacific Lighting,
hopes to consolidate Southern Counties Gas with Southern California Gas Company
thus effecting savings to the customer.
Why, may I ask, doesn't the company consolidate now. The savings apparently
would give the company higher profits. Then why is a rate increase necessary.
One wonders if utility companies could tighten up.their company enterprise through
consolidation, economics and better management.
Recently the Wall Street Journal indicated in a lead article that utilities could
improve their-efficiency.
Lastly, the rate increase asked by Pacific Telephone and Telegraph. Here I would
like to make this observation. The parent company, American Telephone and Tele-
graph was granted a rate reduction on long distance calls, interstate, by the
Federal Communication'Commission. Why?
The Federal Communication Commission has no control over rates within the state's
boundaries. Telephone's largest customer group of subscribers are individuals.
A rate increase in our state places a burden of phone increase on the individual
subscriber.
Does this seem equitable when long distance rates are reduced? Who benefits?
The Individual subscriber? Or large business enterprises and government?
Thus we come back to the basic problem: what protection does the consumer have?
Is the P.U.C. enough?
One suggestion is the possibility of including on the boards of the utility com-
panies "public board members ". These members could be selected say through the
California League of Cities and the California Supervisors Association.
The utilities are privately owned companies in a public business. They are regti
lated monopolies.
With "public" members on the boards maybe the public interest could be served -
hopefully - effectively.
Councilman Blake stated that he did not agree with the statement presented by
Councilman Miller as he was sure the public was being protected by the Public
Utility Commission and further he did not feel that the utilities were apply-
ing to the City Council for rate increase.
26. On motion of Councilman Blake, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1997, a resolution increasing the
1969 -70 Budget.
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
27. The City Clerk reported on the following bids received for furnishing
chemicals to the City Water Department. (See EXHIBIT "A" attached.)
On motion of Councilman Spring, seconded by Mayor Schwartz, the following contract
payments were approved and - ordered paid.
J. A. O'Kelly & Son Est. YP3 $ 435.60
Foothill & Johnson Widening
City Plan 19 -69
City Council Minutes
January 5, 1970
Page 14
J. A. O'Kelly & Son Est. 4A $1,714.95
Foothill & Johnson Widening (Final)
City Plan 19 -69
C. S. Construction Co. Est. #3 $3,548.70
Chorro St. Improvements
City Plan 21 -69
M. J. Hermreck, Inc. Est. #3 $ 377.23
Street Reconstruction Incl. C:0. #3
City Plan 1 -70 ($267.65)
M. J. Hermreck, Inc. Est. 19 $3,185.95
Street Reconstruction (Final)
City Plan 1 -70
Midway Electric Co. Est. #3 $22681.19
Traffic Signal Installation
City Plan 2 -70
J. A. O'Kelly & Son Est. #3 $3,976.10.
Highland Drive Extension
City Plan 22 -69
Dennis Landscaping Est. #2 $3,976.10
Police Facility
City Plan 10 -70
29. J. H. Fitzpatrick, City Clerk, brought to the Council's attention the claim
against the City of John Jenner, in the amount of $2,000 for embarrassment-alleg-
edly caused by the Police Department giving information to the news media.
The matter was referred to the City's insurance carrier.
30. On motion of. Councilman Blake, seconded by Councilman Graham, the meeting
adjourned to 7:30 P.M., January 12, 1970.
APPROVED: January 19, 1970
., H. F RICK, CITY CLERK
SEE EXHIBIT "A" FOLLOWING (Re: Item 27) .
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