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HomeMy WebLinkAbout03/02/19701 Pledge Roll Call MINUTES REGUTAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORAiIA March 2, 1970 - 7:OO:CPrM. . City Hall Present: Emmons Blake,. Myron Graham, Arthur F. Spring Donald Q. Miller, Kenneth E. Schwartz City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; H. Johnson, City Attorney; R. D. Miller, Adminstration Officer; D.. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. Rodgers, Police Chief. On motion of Councilman Miller seconded by Councilman Graham, claims against the City for the month of March 1970 were approved and ordered paid subject to• the apprcval of the Administrative Officer. ----- -------- ---- ----- - -- - -- -------------------------------------- -- ---- - - - --- 1. Communication from the Chamber of Commerce requesting that the City Council adopt a resolution proposing that San Luis Obispo be considered as the location for the Richard M. Nixon Library, to be built by the Nixon Foundation. On motion of Councilman Blake, seconded by Councilman Graham, the following reso- lution was introduced. Resolution No. 2071x, a resolution supporting the proposal that San Luis Obispo be considered as the site of the planned Richard M. Nixon Library. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: Donald Q. Miller ABS2Rr -`: ;None 2. Communication from Assemblyman Robert G. Beverly, Chairman of the Assembly• Committee on Finance and Insurance, regarding a federal flood insurance program being made available to the citizens of California. Also a .communication from Assemblyman William M. Ketchum on the same subject. . The communications were referred to the City Attorney and City Engineer for study and report to the City Council. 3. Communication from Gerald B. Evans requesting that the City Council grant a 90 -day extension of time for demolition of structures at 1018 and 10182 Pacific Street which have been condemmned by the City of San Luis Obispo, Mr. Evans stated that the reason for this requestiis that he has been trying to sell the property and he feels it can be sold easier if the buildings are on the land, 'even if they have been condemned. J. L. Kellerman, Chief Building Inspector, stated that the removal of these build- ings had been discussed with the property owner for some time, as the buidlings were condemned in December 1969. He felt that the property owner-had had sufficient time to have them removed. He recommended that the extension he denied and requested Council authorization to call for bids for the demolition of the structures and to clean up the property. On motion of Councilman. ®pring, seconded by Mayor Schwartz, the request of Gerald B. Evans for a 90 -day extension of time for demolition of the structure at 1018 and 10182 P�.cific Street was denied, and the Building Department was authorized to call for bids for the demolition. Motion carried, with Council Graham & Miller voting no. City Council Minutes I-larch 2, 1970 Page 2 4. Communication from J. L. Kellerman, Chirf Building Inspector, stating that the conduct of the rifle clubs using the City Hall basement on Thursday nights left something to be desired. He stated that the outside of the building had been splattered with mud, dirt was thrown dcwn the stairwell, etc. He stated that he had related this information to the various rifle clubs using the basement, particularly the club using it on Thursday nights, and the Supervisors said: they would try to supervise the young people more closely. The communication was ordered received and filed. 5. At this time the City Council continued their discussion of the appeal of S. V. Cole from the order of the City Engineer to remove an obstruction in San Luis Creek at 1041 Higuera Street. Mr. F. L. Schott, Consulting Structural Engineer-retained by the City Building Department to prepare studies for alternate solutions for abatement of the obstruction:- caused by the columns supporting the Cole building over San Luis Creek, presented four proposed alternates for abatement of the obstruction. 1. Protection of existing concrete pads and columns. Estimated cost $10.000. 2. Relocation of existing creek channel around columns. Estimated cost $31,396. 3. Removal of columns and pads and relocation of channel. Estimated cost $283000 4. Removal of all three columns and make other improvements., Estimated cost $24,484 He continued his report by describing the alternates and the affect each would'have on the stream flow and future storm problems. The City Council referred the report to the City Engineer for study and review, with further discussion on the matter at the regular meeting of March 16, 1970. Councilman Blake, chairman of the Council committee st•uding City participation in drainage abatements, stated that it was the opinion of the corraittee that the City not participate financially in any drainage abatement, even if a permit had been issued for the work. It was also recommended by the committee that the City continue with its present policy of hiring consulting engineer to clarify problems and recommend alternate solutions, with the consulting engineer's fee and the full cost of the abatement to be borne by the property owner. On motion of Councilman Spring, seconded by Council Miller, that the City Council accept the recommendations of the Council Committee as Council policy. Motion carried. 6. D. F. Romero, City Engineer, presented for the Council's information a drain- age obstruction consisting of poplar trees and a rock wall at 1027 Nipomo Street, owned by R. Leitcher. He stated the wall and trees should be removed to regain full capacity of the creek. Mr. R. Leitcher appeared before the Citv Council and stated that based on the Council's policy as previously expressed, he had no comment regarding the removal of the obstructions. On motion of Councilman Blake, seconded by Councilman Miller, that the City Council recognized these obstructions as hazards to the flow of San Luis Creek and direct the City Engineer to work with the property owmer to abate the obstruction in any way possible. Motion passed on the following roll call vote: AYES: Emmons Blake, Donald Q. Miller, Kenneth E. Schwartz NOES: YWron -: Graham, Arthur F. Spring ABSENT: None 7. Communication from H. T. and A. N. Wood, 1220 Monte Vista, regarding horses being boarded in an area zoned for apartment development, which causes odor and fly problems for the adjacent property owners. City Council Minutes March 2, 1970 Page 3 H. Johnson, City Attorney, explained the provisions of the city ordiance relating to this problem as follows: The present language of the City ordiance dealing with the keeping of horses permits horses on any lot containing more than 10,000 square feet as long as the horses are not confined in an corral, barn or other enclosure within seventy -five feet of any dwelling. In view of the wording of the ordinance, unless there is an actual confinement or endlosure which forces the animal to remain in the area within 75 feet of a duelling, there is a problem in establushing to the satisfaction of the court whether any violation of the ordinance has taken place.. Councilman Miller felt that it was the intention of the ordinance to prohibit the keeping of horses within 75 feet of any dwelling and he felt the Woods and other apartment dwellers were justified in trying to get the owners of the animal to comply with the provisions of the ordinance. He felt the horses should be kept 75 feet from.any dwelling. On motion of Councilman Miller, seconded by Councilman Spring, that the property owner be notified to move the horses 75 feet from any residence. Motion carried. 8. At this time the City Council considered the final passage of Ordiance rio. 477, an ordiance amending the Official Zone Map of the City of San Luis Obispo. To rezone f rom A_1 AH to $ -H-4 AH that property located at the southwest cor- ner of Orcutt Road and Johnson Avenue.) Mayor Schartz declared the public hearing open. No one appeared for or against the final passage of this ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Spring the following. ordinance was introduced for final passage. Ordinance No. 77, and ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from A -1 AH to R-H-S AH that property located at the southwest corner of Orcutt Rd. and Johnson Avenue). Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABS34T: None 9. Co,,, ication from airs. W. B. Judd, Safety Chairman of the San Luis Obispo Junior High PTA, protesting the City Council's action to increase the speed limit on Grand Avenue between Monterey and McCollum Street from 25 MPH to 35 MPH. She stated it was the feeling of the PYA that many of their own children as well as college students must walk along 'Grand Avenue to and from school and they are very concerned over the safety of children due to the increased speed limit. Councilman Graham stated he agreed with the comments of Mrs. .Judd regarding the safety of children walking along Grand Avenue. He stated he too would like to ' see the present speed limit reduced to 25 MPH. Councilman Blake, explained methods used by the Traffic Committee to arrive at the recommended speed for Grand Ave. He felt the action of the City Council was correct and should be upheld. D. F. Romero, City Engineer, explained the results of a speed study made on Grand Avenue both this year and approximately 5 years ago indicated that the speed should be set at 35MPH. Councilman Blake again re.- i.nded the Council that it was the unanimous recommenda- tion of the Traffic Committee that the speed limit on Grand Avenue be increased to 35 MPH. Councilman Graham again stated that Grand Avenue was used by school children as a route to the various schools and he felt the speed limit should be reduced City Council Minutes March 21 1970 Page 4 to protect the children. Councilman Graham moved that the City Council rescind their prior action and reduce the speed limit on Grand Avenue between Monterey and McCollum to 25MPH. The motion died for a lack of a second. The City Clerk was requested to write Mrs. Judd notifying her of the Council's action. He was also requested to include the study and recommendation of 'the Traffic Committee for increasing the speed limit. 10. At this time a public hearing was held on the appeal of Irvin J. Kogan, etal, from a decision of the Planning Commission in granting a use permit to Marshall Reynolds to allow male and female student housing at 115 N. 'Chorro Street. R. D. Young presented the recommendatiom of the Planning Commission as follows: 1. On July 11, 1969, the Planning Commission approved a use permit to allow the applicant ten housing units to be occupied by sixty female students, provided that parking be provided on the basis of one space for every two students as - required by the Zoning Ordinance. 2. The applicant has provided the required parking-and is now requesting that he be allowed to rent to both male and female students. 3. Commission was of the opinion that the granting of the use permit to allow mixed occupancy would not be detrimental to the surrounding neighborhood. It.. was noted that there are other student housing units that have mixed occupancy within the immediate area. Ma?or Schwartz declared the public hearing open. Mr. Irvin J. Kogan, 242 Ferrini Road, presented for the Council's information the history of the use permit granted to Marshall Reynolds at 415 No. Chorro. He stated that the orginal permit was for apartment use for families and was then changed to allow female students. Mr. Kogan stated that without permission male and fena3A, students were allowed to rent apartments in the development, the PlAnnirig Commission then denied a permit for mixed occupancy. Now the owner is again asking for mixed occupancy in the development. Mr. Kogan stated that they are not opposed to student housing per se, but these apartments are directly adjacent to signle family housing and when the Reynolds rented to male students it was very annoying to the adjacent property owners as the male students seem to spend more hours awake and doing things and causing noise. He urged the City Council to overrule the decision of the Planning Commission in allowing a use permit for Marshall Reynolds to have nale and female student housing at 415 No. Chorro. He stated that if male and female students were allowed to rent apartments in the development it would destroy the peace and quiet of the neighborhood Mrs. Norman Sharpe, 300 Ferrini Road, objected to the action of the Planning Commission in granting Marshall Reynolds a permit to allow male and female students at 415 N. Chorro. She urged the Council to overrule the Planning Commission's action and keep 115 N. Chorro for families and female students. She felt that the addition of male students would hurt the environment for family living in the area. She continued that when Mr. Reynolds had allowed male students to live in the development the noise had been unbearable for the neighbors. Mr. Al Starkie, 590 Felton Way, objected to the use permit granted by the Planning Commission for allowing male students to live in this apartment_coagplex. He stated it is unfortunate to be prejudiced against students, but the truth of the matter is that young men are more active and seem to enjoy more noise than most people. He urged that the City Council overrule the action of the P-ldming Commission. Mr. Marshall Reynolds, owner of the apartment complex at 115 N. Chorro, stated he felt the existing housing development is well operated. He felt that the restriction to female students only is unfair as he did not know of any other student housing in the general area where mixed occupancy was not allowed. He stated kb felt sorry for the R -1 property owners but they should realise they are completely surrounded by multiple developments and student housing. He felt that [1 City Council Minutes March 2, 1970 Page 5 based on the need for housing in the City, this entire area will be developed for students and faculty. He felt it would be unfair ro limit his property to female students. He requested the City Council to support the Planning Commission in allowing him to rent'to male and female students. Mr. Reynolds continued that it was an economic r_:rdo! hardship for him to be limited to renting to girls only, as many of the female students do not attend the summer quarter at Cal Poly and it would be impossible for him to rent the apartments. Mrs. Joseph Scurri, 290 Ferrini, objected to the Council granting a change in use permit due to the noise, etc. Mr. Irvin Ko an again objected to the granting of a use permit to allow mixed occupancy at 415 N. Chorro. He felt the operation with only female occupants was a good one as it did not cause an annoyance to the neighborhood. Mr. Frank Reed, 250 Ferrini Road, objected to the change in use pe nut for allowing male and female students in the Reynolds apartments. He urged the City Council to protect the single family residents in the area. He felt the City Council should consider the single family residents as they were there before multiple developments. Mayor Schwartz declared the public hearing closed. Councilman Spring stated he was opposed to amending the use permit to allow male and female students. He stated he would not support the action'of the Planning Commission. Councilman Blake stated he had visited this property and he felt the apartments were well managed, but he agreed that the apartnents are very close to the single family residences and would be noisy and annoying. He stated he would not support a change in the use permit to allow mixed male and female occupancy. He felt that with Cal Poly hiring many new young faculty members, the;f would need housing suitable for married.couples, such as the Reynolds development now existing. He stated he would support the appeal of the property owners against the use permit. Councilman Graham stated he felt that the restriction to only female students was unfair and felt that the City Council should allow the same conditions to exist on this property as existes on all other student housing in the general area. He also felt that economics enters into the matter and that the property owner should be given the privilege to rent to whomever he desires and to whoever wishes to rent. He stated he would support the action of the Planning Commission. Councilman Miller stated that the matter of mixed housing at 415 N. Chorro had been before the Council on many occasions and he felt it would be before the Council again in the future. He stated he would propose the same compromise that he had proposed in the past, namely to allow mixed occupancy in the front units facing the street and restrict the rear units adjacent to the single family homes, to female students or family occupancy. He continued that a change was invitable and he would support the action of the Planning Commission. Mayor Schwartz stated he had studied this matter very closely and was looking for some change in the situation from the orginal use permit, which would allow a change in use. He stated he found no extenuating circumstances have been brought to light-to show cause for amending the use permit. He felt that Mr. Reynolds should continue to use the permit as orginally stipulated. He stated he would support the appeal of the adjacent property owners. On motion of Council Blake, seconded by'Councilm§nr.Spring,the City Council over- ruled the recommendation of the Planning Commission for amending the use permit, and require the property owner to use the permit as originally granted, which permits _ female and family occupancy only. Motion carried, Councilman Graham & Miller voting_no. 11. At this time the City Council held a public hearing on the recommendation ofttthe Planning Commission to rezone from R -1 to C -N -S, that property located at the northwest corner of Los Oscs and Madonna Roads. (Laguna Lake Shopping Center:) This matter was continued from the meeting of February 16, 1970. R. D. Young, Planning Direct6r, reported on his investigation of the condition es- tablished when the planned development was orginally apppoved. He stated that the portion of the property developed with the service station, commercial building and related property should not have been reverted to R -1 and the undeveloped portion City Council Minutes March 23 1970 Page 6 of the property was reverted to R -1 because the developer failed to submit a precise plan in accordance tirith the time limits established by the City Council. Mayor Schwartz declared the public hearing open. Mr. Lew Weigold, realtor representing the property owner stated that the property is owned by a group of employees in a federal dredit union. He stated they did not de- sire to prepare a planned development as they did not have the staff nor the intentior to develop the property, as they had only acquired the property through repossion when the developer who bought the land could not keep'up the payments. It was the credit unioni"s intention to use the property as it now exists and not develop the property or enlarge their holdings. They would like to sell or lease the property to another developer. No one appeared before the City Council against the rezoning. Councilman Miller.sstated he supported the requested change to C2-S for this property as it had been his feeling that this quadrant of the comrmmity has always been planned for a commercial development and was so shown on the Master Plan. Councilman Graham stated he agreed with.the comments of Councilman Miller in that this property was proposed for commercial development. He stated he would support the requasttfor rezoning. Councilman Springstated he to felt it had been the intended use to develop this property comercially. Councilman Blake stated he felt that if development under C2N2S could be controlled he could support the proposal, but he would feel better if the property were devel- oped to planned devlopment standards with the land and property developed into a definite plan and scheme of architecture, etc. Mayor Schwartz stated he would support the C -N -S recommendation of the Planning Commission, but he would feel easier if a good planned development proposal was contemplated, so that•the various controls of landscaping, architecture, etc. could be exercised. He stated the added "S" classification would be preferable to no control at all. He hoped that the Planning Commission and City Council would require strict standards for any future proposed development. On motion of Councilman Graham, seconded by Councilman Miller, the following ordin- ance was introduced. Ordinance No. 479, and ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -1 to C -N -S that property at the northwest corner of Los Osos Road and Madonna Road - Laguna Lake Shopping Center) 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: NNone 12. At this time the City Council held a public hearing on the request on the Yellow Cab Company to increase present taxi meter rates in the City of San Luis - Obispo as follows: $0.60 flag drop for first 1/6 mile or portion thereof. 4'OS10 each 1/6 mile thereafter. Mayor Schwartz declared the public hearing open. Mr. Dive Ethridge, driver for the Yellow Cab Company, appeared before the City Council urging that the Council approve the request of the Yellow Cab Company for increase of meter rates, as the rate increase would bring new revenue to the Cab Company and also the drivers who work on a commission basis. He continued that the existing meter rate allowed the Cab Company to'just break even on expenses and did not allow anything for amortization or increase to the drivers. Mr. Ethridge con- tinued he felt the requested increase in taxi fares would allow better service to the public and better equipment to serve the customers. He added that the present rates did not allow the Paid Miles portion of the meter to operate, but under the new rates the meters would work properly and would give more control as the cabs were mperating on the actualPaid Miles basis. He stated that theenew rates would increase City Council Minutes March 21 1970 Page 7 taxi fares on runs under two miles and reduce the fares on runs over two miles. No one appeared before the City Council in opposition to the rate increase. The City Council discussed with Mr. Ethridge the various examples of new rates versus the existing rates on specific runs. On motion of Councilman Miller, seconded by Councilman Spring, the following reso- lution was introduced. Resolution No. 2019, a resolution- revising taxi meter rates. _C 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 13. Communication from C. K. Willis, operator of the Stag Club, 1850 Osos Street, requesting Council permission to mcve his cardroom to 1020 Railroad Avenue. He con- tinued that he and his wife had purchased the building and they planned to live in a portion of it and operate the cardroom in another portion of the building. On motion of Councilman Blake, seconded ..bjr _Counci1, manaPi,31er :-)they request was approved and the business license was ordered transferred. 114. Communication from the San Luis Obispo Garden Club requesting permission to sell cut flowers in the 4ission Plaza, with proceeds to go to the Mission Plaza fund. On motion of Councilman Blake and seconded by Councilman Spring, the request was approved with no business required. Motion carried, 15. Communication from the Advisory Committee on Joint Recreational Use of School District Prope*7, requesting that the City of San Luis Obispo again partcipate in the recreational swimming program at Nuss Pool starting March 114 through November 11, 1970, with a contribution by the City of x$600. The request was referred to the City Council budget study sessions. 16. Communication from the Advisory Committee on Joint Recreational Use of School District Property notifying the City Council that the Committee has studied the matter and recommends that the City Council not continue Southwood Drive through the Sinsheimer School property to connect to Helena.Street, as shown on the City's Master Streets and Highways Plan. The recommendation was made on the basis that this would eliminate late night traffic from the ball park going through adjacent residential neighborhoods. It was the common consent of the Council that the reconiendation of the Advisory Committee be accepted and referred to the Planning Commission, that Southwood and Helena not be connected but possibly some alternate route could be developed, per haps along the railroad tracks to the Bishop Street extension. 17. Communication from the Park and Recreation Commission notifying the City Council that the restroom facilities at Mission Filed had been condemned by the Health De- partment, and recommending that the City Council set up funds for the purchase of material, with labor to be made available from the Babe Ruth League who also used the field in addition to the Park and Recreation Department, high school, etc. On motion of Councilman Blake and seconded by Councilman Graham, that the recommendation for funds be approved and that the City grant 7470 for materials for the Mission Field restrooms. Motion carried, Councilman Miller voting no. Councilman.Miller stated he was opposed to the use of public funds on private prop- erty when there were other dire needs for recreati..;nal development in the City. 18. Communication from the Park and Recreation Department, regarding development of-future landscaped parking lots in the City. They submitted a list of recommend- ations for guidance in the preparation of plans and specifications for all future landscaped parking lots. 4 City Council Minutes March 2, 1970 Page 8 The City Council accepted as a guide, the recommendation of the Park and Recreation Department. The matter was referred to the City Engineer for incZiision in future plans and specifications for parking lot development. 19. Communication from the Downtown Association requesting permission of the City Council to use the Mission Plaza for the display'of baby farm animals during the week of March 23 through March 28, 1970 as part of their Easter week program. On motion of Councilman Miller, seconded by Councilman Graham, the request was ap- proved subject to the filing of insurance to protect the City 'from liability. Motion carried. 20. Communication from A. V. Muller, Attorney representing Mr. John Kuden regarding acquisition by the City of property for street widening on Higuera Street. Mr. Kuden proposed that rather than receiving payment from the City for the widening, that the City grant a piece of City owned property in exchange for the needed frontage. Due to the lack of information, the matter was referred to the City Attorney, City Engineer and Planning Commission for investigation and report to the City Council. 21. Communication from Mr. Cecil L. Munch, 833 Rougeot Place, requesting Council re- consideration of their decision on only rezoning a portion of the property along• Orcutt Road and Bullock Lane from M to R -H AH. He stated he felt it was unfair that the City douncil would not allow the property to develop properly to residentail density on the basis that the City may need the property sometime in the future for construction of a railroad overcrossing or undercrossing. He continued he felt this was extremely unfair as the property owner would be forced to take a loss while the City received possible future benefits. Mr. Munch continued that the matter of the Orcutt Road crossing has been in the discussion stage for many.years and that'' no- definite or concrete plans had been considered and no time schedule had.been set by the City' He urged the City Council to reconsider and rezone the property so that. it could be developed to the highest and best use. Councilman Miller stated he agreed with the comments of Mr. Munch that the City Council should reconsider their action and rezone the property and allow the prop -= erty owner to use the property for its best and highest use, and then if at some time in the future the City wished to use the property for a railroad crossing, the City should pay its fair market value. It was the opinion of the rest of the Council that their decisions on this rezoning should not be reconsidered, at least until the Capital Improvement Program has been considered, so that the Orcutt.Road railroad crossing could be given a definite time schedule and everyone would know exactly when construction would take place. The City Clerk was instruction to notify Mr. Munch of the majority Council decision. 22. Councilman Spring reported to the City Council on behalf of the Council committee studying the Cit;-'s Business License Ordiance. He stated that after study. it was the Committee's recommendation that the City Council consider adoption of amendments to the Ordiance in an attempt to equalize the various provisions in the Ordiance that are unfair at the present time. He continued that this ordiance has not been revided since its adoption in 1953 and he and Councilman Graham felt it should be updated and made equitable. They suggested that the City Council consider placing all businesses, including professions, on a gross receipt basis so that everyone would be treated equtably. The matter was conttinued for furthur study, and the City Clerk was instructed to send copies of the Committee's report to the rest of the Council for their study. 23. R. D. Young, Planning Director, presented for the Council's consideration the, recommendation of the Planning Commission to amend the Zoning Ordiance to define a lot and a non - conforming lot. He explained that there have been numerous instances. when this matter has caused confusion and problems for property owners. -The Planning Commission felt a reidentification would be much fairer to everyone concerned, The Planning Commission recommended that the fUlsting amendments-be..- made. Lot shall mean: A. A parcel of designations shown or, 1t real property with'a seperate and distinct number of other on a plat recorded in the office of the County Recorder, 1 1 1 1 City Council Minutes March 2, 1970 Page 9 B. A parcel of real property delineated on an approved map of survey lot split or sub - parceling map as filed in the Office of the County Recorder or in the office of the Planning Department and abutting at least one (1) public street or right -of -way, or C. A parcel of real property containing not less area than required by the district in which it is located, abutting at least one (1) public street or right- of- wayyor other access approved by the Planning Commission and held under separate ownership from abutting property. r, A Nonconforming Lot shall mean: A lot having less area or dimension than that required in the district in which it is located and which was lawfully created prior to the zoning thereof, whereby the larger area or dimension requirements were established, or any lot,.other than the one shown on a plat recorded in the Office of the County Recorder, which does not abut a public road or public right -of -way or approved private road right - of-way and which was lawfully created prior to August 1966. The matter was cDiitinued for a public hearing on April 6, 1970. 24. Communication from Roger Brown Construction Company, requesting that the City Council grant occupancy for a new house to be constructed in Sherwood Terrace, Tract3375, Lot 11, prior to completion of all the street improvements. Mr. Brown stated that the lot in question is on the corner of Flora and Carla Court. He Stated that all the street improvements were completed on Flora St. He stated that due to the site location the dwelling should be built facing Ekrla Court, which would not be inproved until later in the year. He requested that the City Council allow occupancy and use of the driveway approach on Carla Court. D. F. Romero, City Engineer, explained previous City policy. H. Johnsgn,City Attorney, explained the problem as follows: This is the first request from a developer to deviate from the recently adopted Council policy and unless the Council stands firm on this policy, it will be forced with constant inraods into this new policy. Roger Brown stated that it was porrible under the provisions of the Sub division Ordinance to allow occupancy prior to completion of all subdivision improvements. Mayor Schwartz stated that every exception made to solve a problem, caused trouble for the City and provided another precedent for someone to look to in a similar circumstance. On motion of Councilman Miller, seconded by Councilman_ Graham, that the City Council approve the request of Roger Brown Construction Ccmpan„y, sub3ect to the installation of curb, gutter and sidewalks on Carla Court, with final street grading and base only. Motion carried. 25. Communication from John S. Stuart, 1773 Alrita Street, bringing to the Council's attention the matter of storm drainage improvements recently made outside the City. He continued that it was well and good for the City.to make plans and correct drainage problems within the City limits, but that many of the problems arose in the County area and drainage channels which caused damage to property within the City. He suggested that the City and County should get t- getkier and develop a program to repair all drainage channels that arise outside the City and go through the City. D. F. Romero, City Engineer, stated that he had previously requested and requested again, permission from the City Council for City forces to be allowed to go out- side the City to clear up potential drainage problems in the.County area, which would cause trouble in the City. H. Johnson, City Attorney explained the Cityts liability on the problem of City forces doing work in the County area. The matter was referred to the City Attorney and the City Engineer for study.and. recommendation of a policy•to the City Council. Motion carried. City Council Minutes March 21 1970 Page 10 26. R. D. Young, Planning Director, re ported to the City Council the status of the sign abatement program currently underway in his department. He stated the Depart _ . ment will prepare a comprehansive program to systematically remove all signs which are in violation of the sign ordinance. However, before this can be accomplished, the Department must survey all signs to determine which signs have a non-con- forming status,and therefore are subject to an amortization period.,-and which signs have been erected in violation of the sign ordinance. The Department will proceed with this survey as soon as the time permits. Councilman Blake stated he felt that the City should just plug away at the most ser- ious violations and act upon complaints of citizens and the City Council, rather than going into a full scale program of sign abatement. H. Johnson, City Attorney, commented on sign abatement problems as follows: Court decisions have emphasized that the amortization period must be reasonable in the light of the value of the signs. The matter was continued. 27. Communications from J. L. Kellerman, Chief Building Inspector, stating that he had inspected the Lowne's barn at 166 Foothill Boulevard and the building did not_ appear to be in danger of immediate collapse, but there were some failing of framing members as evidenced by the sagging roof, leaning walls and settling of main door columns. He stated that moving appeared to be impractial as the structure might not hold together. He stated that repair of the building was per possible but the cost would probably exceed the value of the building. Herecomraended. that the building be demolished if anything were done to it other than miner main- tenance and painting. The communication was ordered received and filed. 28. Recommendation from the Traffic Committee that the City Council consider hold- ing a public hearing to require curb, gutter and sidewalk improvements on 1). Hathway Street between California Boulevard and Motley Avenue and, 2) The east side of Broad Street between 101 Freeway and Foothill Boulevard. D. F. Romero, City Engineer, explained some of the problems involed in requiring curb, gutter and sidewalks on these two streets. On motion of Councilman Blake, seconded by Councilman Spring, the following reso- lution was introduced. Resolution No: "_2017, a resolution preliminarily determining that curb, gutter and sidewalk improvements are required on the east side of Broad Street in the City B San Luis Obispo. 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 On motion of Councilman Blake, seconded by Councilman Spring, the following reso- lution was introduced. Resolution No. 20181a resolution preliminarily determining that curb, gutter and sidewalk improvements are required on Hathway Avenue. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myram Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E Schwartz NOES: NONE ABSENT: NOTE 29, D. F. Romero, City Engineer, presented for the Council's consideration various parking layouts and.schemes for improving Parking Lot No. 12 at the corner of Higuera and Nipomo.Streets. City Council Minutes March 2, 1970 Page 11 The City Council discussed various changes to the plans. The matter was continued for further discussion by the City Council. 30. Comrminication from D.. F. Romero, City Engineer, stating that he had received requests from two property owners for curb, gutter and sidewalk permits and related widening agreements for property on Orcutt Road, now outside the City . limits. He continued that the City had no immediate need for this widening and would not expect the widening to take place until the property annexed and developed. Mr. Romero:zt6ted that the issue was furthur complicated by the fact that this property had just been prezoned.by the City, and also that the City's street widening policy was being changed. It appeared from the developer's standpoint that this would imply eith City payment for the land acquired at fair market value under the old policy or a gratis dedication under the new policy. In any event, he felt the circumstances were unusal enough to request Council guidance on the property owner's request. Mr. Roland Maddalena, representing the property owner, a permit for curb, gutter and sidewalk prior to annexa City should pay for any land needed for widening as he land to anyone for street widening. He continued that into the City the City would pay.the fair market value but he was opposed to giving his land away. He stated of his property at this time. stated that he had asked for Lion to the City as he felt the did not wish to give any he was now willing to come for land used for widening, he had no plans for development Mr. Leonard Blase r, developer, agreed with the comments of Mr. Maddalena. He stated that the City should pay for any land taken for street widening purposes. He felt that the land costs should be based on conditions and values as of July 1969. H. Johnson,Cit.y Attorney, stated he felt that the issuance of a permit at this time would be irregular. He felt that the City paying for the widening at this time was not wise. ' Mr. Leonard Blaser stated he felt that he and Mr. Maddalena were being discriminated against in not receiving fair market value for their land even though it was outsideiUity limits. He felt that the City was taking advantage of him because they did not approve his rezoning request to high density when he asked for it but made him wait a substantial period of time for it. He felt he was sure to take a great loss on the value of the land at the time the street is widened. He continued he did not wish to give his land away without receiving compensation. The City Counsil discussed the proposal of R. Maddalena and L. Blaser. On motion of Councilman Blake, seconded by Mayor Schwartz, that the City not con- sider widening of any streets outside the City limits. Motion carried. Councilman Spring voting no. 12:15 A.M. Councilman Arthur F. Spring left the meeting 34. On motion of Councilman Miller, seconded by Councilman Graham, the following resolution was introduced. Resolution No. 2015, a resolution authorizing the District attorney to represent the City of San Luis Obispo on litigation seeking a refund of taxes. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myram Graham, Donald Q. Miller ' Kenneth E. Schwartz NOES: None ABSENT: Arthur F. Spring 35. H. Johrson,City Attorney, notified the City Council that he had this date re- ceived a disclosure from the Nelson Estate that they would accept the City's offer of x$782650 for purchase of the South Side Park. Mr Johnson explained the steps necessary to complete the acquisition of the park property. City Council Minutes I4arch 2, 1970 Page 12 38. R. D. Miller, Admisistrative Officer,announced the appointment of Mr. John C. Anderson to the position of Janitor at Step 1 or *410 per month, subject to a one year probationary period, effective March 1, 1970. 39. R. D. Miller, Administrative Officer,announced the appointment of Mt, Carlton C. Bishop to the position of Maintenance Man II, at Step 1 or 485 . per month, subject to a one -year probationary period, effective March 1, 1970. Due to the lateness of the hour, items 31, 32, 339 36, 373 40, 42, 43 were continued, On motion of Councilman Blake,.seconded by Councilman Graham, the meeting adjourned to 7:30PM.. March 9, 1970. Motion carried. Approved 4 -6 -70 zpatrick Ci Clerk 1 1