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HomeMy WebLinkAbout12/07/1970MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO,- CALIFORNIA December 7, 1970 - 7:00 P.;M: City Hall Pledge 1 Roll Call Present: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer;. R. D. Young, Planning Director; J. Stockton, Parks and Recreation Supervisor; H. Johnson, City Attorney; L. Schlobohm, Fire Chief; E. Rodgers; Police Chief; D. F. Romero, City Engineer; E. P. Thompson, Water Department Director. C -1. Council consideration of an agreement covering the installation of a traffic signal at the intersection of Olive Street and Santa Rosa Street. On motion of Councilman Miller, seconded by Councilman Graham, the following ' resolution was introduced. RESOLUTION NO. 2133, a resolution approving-and•. authorizing the Mayor to execute agreement with the California Division of Highways for installation of a traffic signal at the intersection of Olive Street and Santa Rosa Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Kenneth E. Schwartz NOES: None ABSENT: None C -2. Council consideration of the Local Agency -State Agreement No. 1 for preparation of a TOPICS Study Report for the City. On motion of Councilman Miller, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO.2134, a resolution approving and authorizing the Mayor to execute agreement with the California.Division of Highways for preparation of a TOPICS Study Report for the City of San Luis Obispo. Passed and adopted on the following roll call vote: 1 AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Kenneth E. Schwartz NOES: None ABSENT: None C -3. The recommendation of the Planning Commission that the City Council designate Los Osos Road within the City limits as Los Osos Valley Road to comply with recent County action in so designating the County portion of the road was referred to the City Planning Commission to hold public hearings. City Council Minutes December 7, 1970 Page 2 C -4. The City Engineer was authorized to proceed with preparation of a cost estimate and petition for property owners 'recently surveyed who wished to form assessment districts for street improvements. C -5. The City Clerk reported that the following bids were received for the Branch Street Tree Pruning Project: Bland Brothers Tree Experts $2,440.00 Salt Lake City, Utah Arbor Tree Surgery $4,992.00 Atascadero, California Layton Tree Service $27980.00 Atascadero, California The City Council accepted the low bid and awarded to contract to Bland Brothers Tree Experts. C -6. The following contract payments were approved and ordered paid on December 15, 1970 with final payments to be made thi•�ty five (35) days from approval: . West Coast Construction Co. Est. #3 Storm Drain Im rovement Proj. City Plan 28 -70 West Coast Construction Co. Est. #4 Storm Drain Impprovement Proj. Final City Plan 28 -7U West Coast Construction Co. Est. #4 Water Line Improvement Proj. City Plan 15 -70 West Coast Construction Co. Est. #5 Water Line Improvement Proj.. Final City Plan 15 -70 J. A. O'Kelley & Son Est. #2 Johnson Avenue Widening City Plan 27 -70 Burke Construction Co. Est. #2 Santa Rosa Street Widening City Plan 11 -70 C. S. Construction Co. Est. #2 Street Reconstruction & Resurfacing Project City Plans 8 -71, 9 -71 & 10 -71 $ 2,750.40 $ 2,324.88 $10,843.79 $15,472.12 $ 721.35 $ 6,589.12 $ 4,532.67 C -7. Communication from the Obispo Beautiful Association thanking the City Council for its cooperation in approving their proposed Arbor Day tree program which would aid the Mission Plaza Landscaping Fund was received and filed. C -8. Notice from the State Department of Public Health that San Luis Obispo County had again been declared a rabies area and asking compliance with enforcement measures was received and filed. C -9: The recommendation from the Planning Commission that Ward Street not be abandoned but be allowed to remain a paper street'as agreed upon in the negotiations to acquire Meadow Park was received and filed. C -10. The Phase I report of the Council on Intergovernmental. Relations project to develop recommended shifts in the allocation of public service responsibilities was referred to a future study session. C -11. R. D. Miller, Administrative Officer, announced.the appointment of Jane M. Johansen as stenographer effective December 24, 1970 at Step I or $466 per month. C -12. Council consideration of an ordinance authorizing the sale of the City - owned property at the airport to the County and authorizing the Mayor to sign the deed. I 1 City Council Minutes December 7, 1970 Page 3 On motion of Councilman Miller, seconded by Councilman Graham, the following ordinance was introduced. ORDINANCE NO. 509, an ordinance authorizing the sale of real property at San Luis Obispo Airport to the County of San Luis Obispo and designating the Mayor to sign the deed on behalf.of the City. Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth.E. Schwartz NOES: None ABSENT: None C -13. The City Council approved the request of Heatherwood Landscaping for an extension of one month on the Street Tree Planti:ng Project, City Plan-3-71, due to weather and unavailability of some.varieties of trees. C -14. The claims against the City for December, 1970, were approved and ordered paid subject to the approval of the Administrative Officer. On motion of Councilman Miller, seconded by Counci•Iman Graham, the preceeding consent items were acted upon as indicated. Motion carried. 1A. At this time the City Council considered the final passage of ORDINANCE NO. 504, an ordinance amending the official zone map of the City of San Luis Obispo. Councilman Blake stated that he and his wife owned property in the area being considered for rezoning and he wished to be excused from the meeting while the hearing took place. Mayor Schwartz declared the public hearing open. No one appeared for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Miller, the following ordinance was introduced for final passage. ORDINANCE NO. 504, an ordinance amending the official zone map of the Cityoof San Luis Obispo. Finally passed on the following roll call vote: AYES: Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: .Emmons Blake Counciman Blake returned to the meeting. 1B. The City Council considered a memorandum from E. Price Thompson, Director of the Water Department, which stated in the event that the City Council decided to furnish water service to the Cal Pol.y.housing development on Highway 1, it would appear that the usual charge for acreage and frontage should be collected before granting service and that the monthly rates for service should be as set forth in the Municipal Code. Harold Wilson, Administrative Vice President at Cal Poly, stated that he had no objections to the Water Department's suggestion but asked the City Council to realize that any and all added cost to the project for the married student housing would be passed on to the tenants by the developer and he-hoped that the Council would cooperate in trying to keep costs down. Price Thompson, Water Director, stated he w.ished to clarify the memorandum in that his recommendation was that the housing development be charged the outside the City rated for monthly service. City Council Minutes December 7, 1970 Page .4 Douglas Gerard, Executive Dean of Cal Poly, stated that it was the college's feeling that they should be considered for inside the City rates on the basis of cooperation in the past with major sewer and water expansion with the City and while they were not asking for preferential treatment because of this cooperation, he hoped that the Council would.consider charging the straight inside the City water rates. Councilman Blake stated in view of the cooperation Cal Poly had given the City in the development of basic water and sewer services and the fact that Cal Poly was now contemplating annexation to the City, he felt that the City could relax those regulations and charge the housing development as though it were inside the City limits. Councilman Spring agreed with Councilman Blake's statement to allow Cal Poly to have inside City rates due to past cooperation and the contemplated annexation to the City. Councilman Miller felt that Cal Poly should adhere.to the existing City ordinance and should pay the higher outside water rate until annexation, at which time the rates could be reduced. Councilman Graham felt that in view of the pending annexation of Cal Poly to the City, he would go along with the reduced inside water rated.in.order to encourage housing for Cal Poly married students. It was moved by Councilman Miller that Cal Poly adhere to the ordinance dealing with water rates outside the City. The motion died.for lack of a second. On motion of Councilman Blake, seconded by Councilman Spring, that Cal Poly be furnished water at the normal inside the City rates after payment of the normal acreage and frontage charges, to be .paid by the developer. Mayor Schwartz stated he would support the motion in light of the pending annexation of Cal Poly and the past cooperation by the college in water development. Councilman Miller disagreed as he felt the City Council was not helping Cal Poly but was really helping a private out -of -town developer make money on student housing. The motion carried with Councilman Miller voting no. 2. The City Council considered a resolution filing a corrected map of the Edna Road Annexation No. 2. D. F. Romero, City Engineer, explained that the oriiginal ordinance map and description of this property were correct, but somehow a prior study map was submitted to the State for filing. He stated that the correct map should be filed. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2130, a resolution authori.zing the fiFing of the correct map for the Edna Road Annexation No. 2. Passed and adopted on the following roll call vote: AYES: Emmons. Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 3. At this time the City Council was to consider the request of the Junior, Chamber of Commerce for permission to hold a kiddie parade.on Saturday, December 19, 1970. R. D. Miller, Administrative Officer, reported to the City Council that the Junior Chamber of Commerce had withdrawn its request for the parade this year due to traffic security probi6ems. City Council Minutes December 7, 1970 Page 5 3A. E. L. Rodgers, Police Chief, presented the City Council wi.th a suggested policy for adoption by the Council concerning the approval of parades within the City. The policy statement was referred to the City's Traffic Committee for study and recommendation to the City Council. 4. Communication from the Chamber of Commerce Retail Merchants Association requesting that the City Council allow a moratorium on meter enforcement in the , downtown area from Monday, December 21, through Thursday, December 24, as part ' of the Christmas spirit. On motion of Councilman Blake, seconded by Councilman Graham, the request was approved. The meters would hot.be enforced from December 21 through December 24 but the parking time limits would be enforced. Motion carried with Councilman Miller voting no 5. Carl B. Johnston, Vice President of Pomery, Johnston and Bailey, the engineering f:i.rm preparing a feasibility study for the proposed County Service Area No. 18 in the San Luis Obispo Country Club Estates and Country Club area, stated that the reason he came to the City Council meeting first was to allow some basic decisions to be made regarding sewer service to serve the proposed County service area. He stated that before he could proceed, he would need answers to the following questions: 1. Would the City consider a contractual arrangement whereby the Service Area could purchase capacity rights without formal annexation? 2. Does the City have an interest in sharing trunk sewer and /or new pumping station capacity along.Edna Road as in City's past practice with new subdivisions? 3. At what maximum delivery rate can sewage be accepted at the City's existing pumping station from Service Area No. 18? 4. What capacity charges, connection charges, and service charges should be used in computing the costs to Service Area No. 18 for use of the City's existing facilities? Mayor Schwartz felt the City would cooperate with the development of sewer service for Service Area No. 18 by allowing hook -up to the City sewer system with a future view toward annexation but he was sure the City Council was not interested in allowing a separate development of a sewer plant so close to the City Limits. Councilman Miller agreed with the Mayor's comment stating that the City would cooperate with the service area but ultimate development would be through annexation to the City. However, he stated, if the people in the area did not wish to annex, then possibly a different type of sewer service system would be constructed to serve the area. In either case, he felt all sewer service should be placed at City standards. Councilman Graham agreed with the prior speakers in that the ultimate annexation was the answer to servicing the area. Councilman Spring also felt that the City would cooperate with the engineering firm making the study but hoped that the final decision would be for annexation to the City and connection to the City sewer plant. ' Councilman Blake stated that he, too, wished to cooperate with the neighbors outside the City but felt the ultimate development should include connection to the City sewer system and annexation. Mayor Schwartz informed Carl B. Johnston that he could proceed with his study by contacting and working with the City staff members involved in sewage disposal and that any recommendations could be brought to the City Council at the next meeting on December 21, at which time the matter would again be considered. Carl B. Johnston thanked the City Council for its attitude and cooperation and stated he would work with the City Engineer and would try to have any questions back at the next meeting. City Council Minutes December-7. ]970 Page 6 6. At this time the.City Council held a public hearing to hear complaints concerning the cost of sidewalk improvements on the following properties: E. D. Andrade 879 Walnut Street $369.00 H. & A. Carlsen 180 N. Broad Street $220.00 R. F. Costa 276 N. Broad Street $465.00 L. E. & I. S. Marshall 244 Price Street $165.00 R. D. Tice 889 Walnut $348.00 The following have requested a three -year option: C. & K. Bradbeer 540 N. Broad Street $509.00 W. & V.-Brazil M. Faris M. B. McDougal, Etal A. H. & C. A. Scheer C. V. & J. C. Barclay 164 Broad Street $184.00 290 N. Broad Street $317.00 282 N. Broad Street $444.43 894 Walnut Street $1.;039.00 234 N. Broad Street $765.00 The City Clerk read a letter of protest from Mrs. M. Faris, 290 Broad Street. Mayor Schwartz declared the public hearing open. No one appeared before the Council in protest to the cost of installation. Mayor Schwartz declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Graham, the following resolutions'were introduced: RESOLUTION NO. 2131, a resolution confirming costs of sidewalks constructed under the 1911 Act. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None RESOLUTION NO. 2132, a resolution confirming costs of sidewalks pursuant to the Municipal Code. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -2 to PD R -2, Housing Authority property located on Leff Street between Carmel and Beach Streets. 1 1 1 City Council Minutes December 7, 1970 Page 7 R. Young,'Planning Director, presented the recommendation of the Planning Commission on the following basis: 1. The applicant is requesting PD R -2 zoning in order to develop 20 residential units to be occupied by low income persons and Housing Authority offices and maintenance building and a community facilities building. n 2. The subject property is two parcels 43,616 square feet in area. The average density for the residential development is one unit per 2,180 square feet of land area. 3. The applicant is requesting approval of Category 3 of the planned development provisions in that he is requesting relaxation of the street yard from 20 feet to 10 feet and reduction of the number of parking spaces from 55 to 40 (equivalent to 2 spaces per unit). 4. The plan provides for each unit to have an enclosed patio area in addition to a common tot lot. This is made possible through the reduction of the required street yard. The units, as proposed, are townhouse:type units. If the applicant were to be required to pro- vide 55 parking spaces, this would greatly reduce the amount of open space now provided in-the plan.. 5. The Commission was of the opinion that the development will enhance the area in which it is proposed by exceptional design, arrangement of buildings, provision of open space, recreation facilities and landscaping and therefore recommend approval of PD 0247. Mayor Schwartz declared the public hearing open. No one appeared for or against the .proposed rezoning. ' Mayor Schwartz declared the public hearing closed. Dudley Winterhalder, Executive Secretary of the Housing Authority, stated that it was the Housing Authority's experience, not only in San Luis Obispo, but in other communities, that normal off - street parking requirements are excessive for low rent housing developments as experience had shown that tenants in low rent housing units normally had only one automobile. He continued that if in the final plan, building number five built over the entrance were eliminated, then additional parking spaces would be provided.. He also stated that every attempt would be made to protect whatever full grown trees were on the property. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced. ORDINANCE NO. 506, an ordinance amending the official zone map of the City of San Luis Obispo. Passed,to print-on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Mil.ler, Arthur F. Spring, Kenneth E. Schwartz NOES:. None ABSENT: None 8. At this time the City Council held a public hearing on the recommendation of the Planning Commission to prezone property located at the northwest corner of Los Osos Valley Road and Prefumo Canyon Road from County A -1 to PD R -2 and R-1. R. Young, Planning Director, presented the recommendation of the Planning Commission as follows: 1. The applicant is requesting prezoning from County A -1 to City PD R -2 (category 1) and PD R -2 (category 4) and R -1, single family residential zone. The total area of the proposed rezoning is 20. acres. The applicant is requesting PD R -2 (category 1) on 3.26 acres having frontage on Los Osos Valley Road. The plan for this area proposes 51 units at a density of 1 unit per 2,784 square feet. The applicant is requesting that the contiguous property to the west consisting of City Council Minutes December 7, 1970 Page 8 9.2 acres be zoned R -1 for conventional 6,000 square.foot single family lots. 6.92 acres is proposed,for PD.R -2 (category 4).for condominium townhouses at a density of 1 unit per 3,273 square feet. The proposed plans for both the PD R -2 condominiums and the PD R -2 apartment units, meet all the development standards.of the R -2. District. 2. The General Plan proposes low to medium density residential uses for this general area. Since the applicant is not requesting deviations from lot sizes, yards, and density requirements, he is not required ' to demonstrate exceptional design, provide open space, etc. 3. The Commission was of the opinion that the proposed development fell within the density provisions recommended on the General Plan and that the plan presented was compatible with the area. William Watson, architect for John Deeter, stated he was prepared to answer any questions presented by the Council.. Mayor Schwartz declared the public hearing open. Don Cross. 1217 Mariners Cove, asked the City Council where the waste water and storm water from the Deeter development was p.lanned to be channelled. D. F. Romero, City Engineer, stated that the plan was for, storm waters to follow the gutters and ultimately go into the lake at the drain near the golf course on. Los Osos Valley Road. D. Cross stated he felt the additional storm waters from the streets and from the homes in-`the Deeter development would add additional pollution to Laguna Lake. He felt.the lake was no asset to the community due to the high level of pollution at this time with no control by the City. He asked that the City Council take some action and not allow any further deterioration of the Laguna Lake water. D. F. Romero, City Engineer, stated that there was no change in the drainage in this area and the water would follow its own course as it always had. Mayor Schwartz declared the public hearing closed. Councilman Miller felt that this property with standard size R =1 lots was not the answer to the City's housing problem as it did not help the lower income people to acquire their own homes. He felt that 6,000 square feet was not a sacred figure and that smaller lots should be allowed in the City. Councilman Graham also felt that amore original lay -out which would allow more density but with imaginative open space would better serve the community and the City. Mayor Schwartz stated it was the developer's decision to propose the plan he did and that it was his choice as under the ordinance he could have presented various alternatives which would allow him additional.- density with some imaginative development. On motion of Councilman Miller, seconded by Councilman Graham, the following ordinance was introduced. ORDINANCE NO. 507, an ordinance amending the official zone map of the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes December 7, 1970 Page 9 9. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone the property at the southeast corner of Foothill. Boulevard and Santa Rosa Street from R -0 to PD R -C.' R. Young, Planning Director, presented the recommendation of the Planning Commission as follows: 1. The applicant is requesting PD R -C zoning on the entire.property which is 55,417 square feet in area. The development is proposed in two phases. 2. Phase I proposes the development of a corner.portion of the property with a service .station. This station to be constructed of slump - stone, textured plastic, a dark stain trim on facia and beams and a full tile roof. The area of the service station is 27,092 square feet. The' remaining portion of the property is to be landscaped with trees, shrubs, and ground cover. The entire property is to be cared for by the applicants and the landscaped area is to be maintained in con- junction with the service station. 3. Phase II proposes that the landscaped area, which is 28,325 square feet be developed with two office structures containing a total floor area of 5,700 square feet. 4. The applicant has stated that Phase I would be implemented immediately and that Phase II would be implemented at such time as it is economically feasible to construct offices on the site. 5. A majority of the Commission was of the opinion this was a suitable area for a service station and that Phase I with the park adds materially to this application. Mayor Schwartz declared the public hearing open. Larry Crandell, developer, appeared on behalf of his proposal stating that he felt the control the City had on development of the entire parcel would be that in addition to the service station the entire parcel was to.be landscaped under the provisions of Phase I and that the use permit for the service station would be conditioned that the landscapiing on Phase I and Phase II would be maintained and if not, then the use permit for the service station would be revoked. He also felt that this site, developed with a service station would be.more open than if the property were developed with an apartment house or a public building. J. Hun+Sbury, representing Mobil Oil Company, explained what his firm.had proposed for this location. He continued that the building was of Spanish design with slumpstone exterior and red tile roof. He felt that it would be an asset.to the esthetic beauty of the City. He continued that if this station was allowed to be built.then the company.would eliminate the existing service station at Chorro and Foothill. J. Warnagieris asked if the buildings shown as Phase Il of the Crandell proposal were to built over the creek. Mayor Schwartz answered yes, this was the proposal of the developer according to the map presented. John Williams, 40 Casa Street,.asked what conditions the.City Council would place on the service station to protect the creek from any gasoline from the service station or waste water when the driveways were washed with chemicals each day. J. Huntsbury, Mobil Oil Company, stated that his firm had made no provisions to handle waste water other than let it go into the street gutters and ultimately, he presumed, into the creek. Dave Burke, 40 Casa Street, asked if a need had been proven to have an additional service station in the City. Mayor Schwartz explained that an existing ordinance did not establish numbers of businesses. City Council Minutes December 7, 1970 Page 10 Communication from Dr. B. G. Cox, 84 Santa Rosa Street, stating he again opposed the change in zoning for Crandell's service station and he would like to remind the Council of previous personal appearances opposing this development. Mayor Schwartz declared the public hearing closed.. R. D. Young, Planning Director, then listed the twelve conditions set by the Planning Commission for this planned development: 1. A precise plan shall be submitted within six months from date of approval of the preliminary plan. The precise plan shall be developed in accordance with the site plan and elevations submitted with Use Permit Application U 2040 and shall contain a detailed landscape plan showing plant materials and method of irrigation. 2. A fire hydrant shall be installed at the corner of Foothill and Santa Rosa on the Foothill frontage and one fire hydrant shall be .installed on the east side of Santa Rosa Street 400 feet south of Foothill Boulevard. 3. The signing shall be placed so as not to encroach into the setback. All signing shall conform to the standards set forth in the R -C District in the Sign Ordinance. However, if the applicant receives permission to encroach into the State owned property, the staff has no objection to allow signing in this area if a ten -foot set -back is observed. 4. All improvement requirements established by the Division of Highways on the Santa Rosa Street frontage shall be met. 5. The area of street right -of -way between the back of sidewalk and the property line be fully landscaped and maintained. A detailed landscape plan showing plant materials and method of irrigation shall be submitted to the Department of Planning and Building for approval prior to issuance of the Building Permit. 6. All walls shall be of slumpstone and shall not exceed height limits in the setback. 7. Three street trees shall be planted along Santa Rosa Street and two street trees along Foothill Boulevard. Street trees shall be carrotwood in 24" box and minimum 2" caliper. 8. A minimum of eight (8) parking spaces shall be provided. 9. Outdoor storage and display to be limited to 100 square feet in area. 10. Lighting fixtures to be arranged so as not to shine directly into an adjoining residential area or a public street. 11. Bells or other sound signals to be switched off after 10:00 P.M. 12. Sales shall be limited to automotive-.products. Councilman Miller stated this time he would support the service station development although he had opposed it the previous time it was presented and while he felt no additional service stations were needed in San Luis Obispo, he felt a warning should be given to all oil companies before cutting off development. He continued that he felt the proposed.building was very attractive. Councilman Graham stated he would support the proposal for a new service station as he felt it would be an asset to the City. Councilman Spring stated he, too, would support the new proposal for this service station. ' Councilman Blake stated he would support the new service station but as a condition of the planned development would require the physical removal of the existing Mobil service station on Foothill Boulevard and Chorro Street. J. Huntsbury, Mobil Oil Company, stated that he could not agree with this condition as the lease was still in effect on this property but that as soon as the lease expired, Mobil Oil would demolish the building. City Council Minutes December 7, 1970 Page 11 Councilman Blake suggested that the planned development condition number 14 should read "that as soon as possible the Chorro - Foothill station will be removed physi- cally from the land." Mayor Schwartz stated he still felt that the proposed development of this property was wrong and he wondered if the Council was really accepting the Phase II portion of the proposal which called for covering of the creek. He also wondered if the 1 City Council really felt that the traffic problem on this proposal had been solved and further if it felt that this was an appropriate use for the property. He personally felt the Council was making an error if it approved the proposal. He stated he would vote against the proposal as he felt the Council was not con- sidering the entire plan but was just approving the service station phase. Councilman Blake stated he felt that the building of Phase II could be built, engineering -wise, and still clear the creek but he felt that a condition of the' planned development was keeping the buildings out of the creek. He suggested that the following conditions be added to thossof the Planning Commission: Developer to tie in landscaping on full Phase I with the service station development. That the service station at the corner of Chorro and Foothill be closed upon opening of the new station and at the end of the lease the building would be physically removed. Signs for the Mobil service station would be approved by the Council. Larry Crandell stated that his engineers had assured him that the two buildings in Phase II would be built without danger to the creek but that if the City did not agree with the development at the time Phase II is proposed, then the City had a service station with a nice large landscaped park. Councilman Blake agreed that the planned development included the entire parcel and not just the service station corner. He suggested that Phase I be approved as a PD R -C and Phase II be approved as a PD R -0. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced. ORDINANCE NO. 508, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone that-property-at the south- east corner of Foothill Boulevard and Santa Rosa Street from R -O to PD R -C.) Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring NOES: Mayor Kenneth E. Schwartz ABSENT: None 10. Continuation of the public hearing on the recommendation of the Planning Commission to amend the zoning ordinance dealing with Off Street Parking Requirements for Studio Apartments and Student Housing. Dennis B. Wheeler presented a recommendation on behalf of the San Luis Obispo County Building Contractors' Association. The City Council asked if Arnold Volny who had requested a postponement had prepared a report. A. Volny stated he had not but would make a verbal presentation. R. D. Young, Planning Director, suggested that with the. recommendation from the Building Contractors' Association and possible recommendations from A. Volny on behalf of the Apartment Hous Owners Association that the best solution might be to redirect the entire matter to the Planning Commission for further study in light of the recommendations presented. The Council agreed and the matter was redirected to the Planning Commission. City Council Minutes December 7, 1970 Page 12 11. John E. King, representing Davis -King Construction Company, appeared be- fore the City Council asking that it postpone its action in ordering the removal of the dirt mounds 'in the 100 block of Chorro Street. He.asked for a. continuation of this matter so that he could prepare a plan to show the City Council what his intentions were for use of the property, the mounds of. dirt and landscaping. He asked that he not be required to remove the mounds of dirt as he wished to shape them and landscape them for esthetic purposes. He_asked for a continuation of two weeks so that he could present his plans. Councilman Graham felt that the dirt mounds were not too bad - looking but could be re- shaped and made more presentable. He continued that he would be willing to go along with the request and grant a continuation in order to see what plans Mr. King had in mind. Councilman Spring stated he was opposed to the existing situation that had gone on for a long time and he wished the City to proceed with the elimination of the dirt mounds. J. King stated that-he felt he should be allowed to make a presentation to show what he could do or planned to do with those dirt mounds. A. Colwell, 129 Chorro, urged the Council not to weaken in this point as he and most of his neighbors felt that when the Council had taken action to re- move these mounds, they did not feel they would have to be at each Council meeting to protect their interest. He further stated that he could not believe that anyone could say that the present conditions on the property was attractive or esthetic. Mars. L. Campbell, 173 Chorro, objected to the continuation of the mounds on the property as she had been staring at the unsightly piles of rubble for many months and did not feel that the neighbors should be forced to continue to accept this mess. On motion of Councilman Graham, seconded by Councilman Blake; the matter was continued to December 21, 1970 so that John King could present his plans. Motion carried with Councilman Spring voting no. 12. Communication from the City Engineer, D. F. Romero, regarding the exten- sion of time granted by the City Council to Dr. R. S. Johnson to remove stock piled mater.i.al at the northeast corner of Santa Rosa and Walnut Streets. Mr. Romero continued that the time period allowed had expired and no work had been done. J. H. Fitzpatrick, City Clerk, presented a letter from R. S. Johnson stating that the main reason he had not compacted the stock piled material was that P. G. & E. and the Tel.ephone Company would not remove their pole and as long as this pole was in the way, proper compaction was impossible. As the pole was a major one, the cost of moving it would be prohibitive. Therefore, he asked to be allowed to leave the dirt until the utilities go underground. On motion of Mayor Schwartz, seconded dirt was.allowed to continue per the underground utilities were installed lot cleared. Motion carried. by Councilman Miller, the stockpiled request of R. S. Johnson until the but the property owner must keep the 13. Consideration of the tentative map of Tract 405, Fer_rini Heights No. 6. D. F. Romero, City Engineer, presented a tentative map of Tract 405 explaining the development of the tract and presenting the recommendation of the Subdivi- sion Review Board to the.Planning Commission. He then presented for the Council's consideration the recommendation of the Planning Commission to the City Council for approval of the tentative map. 1. Utility easements shall be in accordance with the requirement of the; utility companies. 2. Fire hydrants shall be located in accordance with the requirements of the Fire Department. 1 1 City Council Minutes December 7, 1970 Page 13 3. Sidewalks shall be constructed to meet City standards. 4. Developer shall connect to existing water lines in Oakridge Drive with eight inch (8 ") cast iron line and connect to the existing eight inch (811) water line at Patricia and Clover Dri.ve.. 5. Developer.shall grant easements of proper width for maintenance for all pipe lines to be laid outside of street areas. Easements to.be worded so as to prevent encroachments of any nature. 6. Developer shall install eight inch (87) cast iron pipe in Clover Drive from Patricia Drive to the subdi.vision and all streets of subdivision except Clover Drive between Skyline Drive and first unnamed street westerly thereof. 7. All connections and line extensions shall meet the requirements of the Water Superintendent. D. F. Romero then presented exceptions allowed by the Planning Commission in the tentative map: 1. The Planning Commission . waived the tree planting fee.of $1.00 per lineal foot of street frontage. 2. The developer is not required to improve the surface drainage channel between the south tract boundary and Clover. Drive nor is he required to place storm drainage in Clover Drive underground to the north tract boundary on the basis that these are esthetic channels and should remain in their natural condition. Felton Ferrini, developer, presented for -the.Council's consideration the items which he felt should be considered for exemption to the conditions set by the Planning Commission and the Subdivi.sion Review Board. 1. Sidewalks: He stated that he was not asking for deletion of the sidewalk requirement in this tract but only a slight deviation from the standard section which was a four foot detached sidewalk instead of the four foot integral sidewalk he wished to put in. He continued that he did not feel that this was a flat land subdivision but rather a hillside development and he hoped that the City Council would allow this deviation. He stated there would be no reduction in the size of the street or of the sidewalk but that the area behind the sidewalk was better.used.for the location and installation of the underground utilities. D. F. Romero, City Engineer, explained that the terrain of this property placed it in the classification of 0 -10% crossfa.11 which called for a six foot.integral or four foot detached sidewalk. Mr. Romero requested that the Council not create an exception to the standards just for this area, since this would create difficult enforcement problems for other sidewalks to be installed throughout the community. 2. Water Acreage Fees: Mr. Ferrini stated that one'of the conditions of the tract for adequate supply of water was that the subdivider install at his cost, 1610 Lineal feet of eight inch (8 ") cast iron water main including valves and easement at a cost of approximately $16,000 to $18,000. He continued that-on the basis of the cost, the City should waive the acreage fee on the development or if that could not be done, then apply the acreage fee funds toward the pipe line extension. Price Thompson, Water Superintendent, stated that at no time had the City exempted the acreage or frontage charges from anyone developing property in the City nor at any time had the City contributed toward pipe line extension to serve the sub- divisions. Councilman Blake felt the City should cooperate and pay a share.of the eight inch (8 ") line equal to.the amount of acreage fee for this tract. Felton Ferrini stated the cost of the subdivision was so high at the time that if the City did not grant his requests for either a waiver of the acreage charge or extension of the pipe line, then he would have to drop any thought of developing the tract at this time. City Council Minutes December 7, 1970 Page 14. . Councilman Spring stated he did not feel that the City should waive this acreage fee as he felt it would be starting a precedent and other developers had bought into the system in this way. Councilman Blake felt that the request was logical as he was helping to develop water to serve future citizens of the City. Councilman Miller felt that Felton Ferrini should comply with all ordinances, put in the required lines and pay the acreage fee. The City should not subsidize any private development in the City. Felton Ferrini felt that the eight inch (8 ".) line was not a requirement for the development of Tract 405 but was an extra .requirement of the City. He continued that over the years, the City requirements for subdivisions were getting so strict and so excessive that he did not believe anyone could develop subdivisions within the City. Councilman Graham felt that some consideration should be given to F. Ferrini in The water problem. Mayor Schwartz stated that he was opposed to any consideration on the water matter as it was not a new requirement but had been in effect for many years and no one had been granted an exception. 3. Drainage Ditch: F. Ferrini requested that the City not require the concrete lined drainage ditch behind lots 20 through 25 in accordance with the recommendations of the Planning Commission. D. F. Romero, City Engineer, explained that the criteria adopted by the City Council.would call for the.natural drainage channel between the south tract boundary and Clover Drive being 'gunite lined for a width of approximately eight (8) feet and a depth of approximately two (2)'feet. The standards would also call for the channel north of Clover Drive being placed underground. He explained that the present channel is overgrown with willows for part of the area and is showing signs of erosion in another area,.and if the City did not require standards of improvement with the subdivision, the Public Works Department would be faced with a continuing maintenance problem. He stated also that if Mr. Ferrini were not required to at least clean out the main portion of the channel, the Public Works Department crews would have to conduct this work prior to next winter's rains, since the City, by accepting a storm drainage easement, also accepts the obligation to maintain the facility. He asked that if it were the wish of the Council that the channel not be main- tained, the Council give direction to this effect at this time. Councilman Miller stated that he would leave the ditch in the natural state and agreed with the Planning Commission's recommendation. The entire Council concurred on the acceptance of this recommendation, and also agreed that the Public Works Department was not to clear out the growth in this channel when accepted by the City. A. Volny, contractor, urged the City Council to approve the requests of F. Ferrini for integral sidewalks, curb and gutter as he felt this was a better-plan for any subdivision allowing two feet behind the sidewalk for the installation of underground utilities. On motion of Councilman Miller, seconded by Mayor Schwartz, that the City.Council approve the tentative map of Tract 405 subject to the conditions listed by the Planning Commission: 1. Utility easements shall:be in accordance with the requirement of the utility company. 2. Fire hydrants shall be located in accordance with the requirements of the Fire Department. 3. Sidewalks shall be-constructed to meet.City standards. 4. Developer shall connect to. existing water lines in Oakridge Drive with an. eight inch (811) cast iron line and connect to the existing eight inch (8 ") water line at Patricia and Clover Drive. 5. .Developer shall grant easements of proper width for maintenance for all pipe lines to be laid outside of street areas. Easements to be worded so as to prevent encroachments of any nature. 1 1 City Council Minutes December 7, 1970 Page 15. 6. Developer shall install eight inch (811) cast iron.pipe in Clover Drive from Patricia Drive to the subdivision and all streets of subdivision except Clover Drive between Skyline Drive and first unnamed street westerly thereof. 7. All connections and line extensions shall meet the requirements of the Water Superintendent. 8. Tree planting would be required. 9. However, improvements of the drainage ditch is waived. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 14. Communication from Gerald Mason,.attorney for Robert D. Leitcher,stating his client's intention to resist all City directives to abate the alleged drainage channel obstruction on his property. The matter was referred to the Council executive session as the decision involved possible litigation. 15. H. Johnson, City Attorney, presented a brief report to the City Council or the steps which must be taken by the City in order to qualify for the Federal Flood Insurance Program. He stated the City Council must show an interest in securing an insurance program for the citizens of San Luis Obispo under this program, must comply with.all State laws relative to flood plain management measures, must prepare the necessary maps delineating flood prone areas, must present an outline of the community's flood history and must assure the Federal Government of continued compliance if awarded Federal Flood Insurance. The matter of flood insurance compliance was referred to the City Engineer for report to the Council in January .1971. 16. The City Council continued its consideration of the communication from Harry Woolpert, Human Relations Commissioner, regarding the minority grievance regulations established for hearings before the Commission. On motion of Councilman Miller, seconded by Councilman Graham, the rules as presented were approved for the Minority Grievance Subcommittee of the Human Relations Commission which was recently renamed the Citizens Grievance Sub-' committee. Motion.carried. 17. The City Council discussed the continuation of the lease for the Mini Park at High and Hutton Streets when the lease expired as of December 31, 1970. A communication from the Parks and Recreation Commission indicated that its members felt the Mini Park as originally conceived was fulfilling the goals as planned. Many children were using the unique area. The major concern of the Commission was that the maintenance of the Mini Park which was to be provided by the committee and by the neighborhood had not been carried out to acceptable standards but the Parks and Recreation Commission felt if a maintenance arrange- ment could be made by the neighborhood, they would feel that the lease should be continued after its present expiration. J. H. Fitz atrick, City Clerk, stated he had contacted the..:property owner, rs. essie ay, who would be willing to continue the lease on a six month's basis until June 30, 1971. Peter Koetting, Cal Poly representative, stated that it was his feeling that the neighborhood was maintaining the Mini Park but that he would try to get some student help to keep the park in acceptable condition and he hoped the City Council would continue the lease on the property. City Council Minutes December 7, 1970 Page 16 On motion of Councilman Miller, seconded by Councilman Graham, the lease on the Mini Park under existing conditions was extended until June 30, 1971. Motion carried.. 18. John Evans, Chairman of the Planning Commission, who was to present recommendations for use of a planning consultant was rescheduled for the December 14, 1970 meeting. 19. Communication from the Parks and Recreation Commission endorsing the proposal of A. I. Roest for a wildlife display area at Laguna Lake Park was continued to December 21., 1970. 20. On motion of Councilman Miller, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2127, a resolution approving the application for Land and Water Conservation funds for Laguna Lake Park development projects. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 21. On motion of Mayor Schwartz, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2129, a resolution recognizing Regional Advisory Board of Region VIII (South) as the Criminal Justice System Planning Agency within the territory generally described as San Luis Obispo and Santa Barbara Counties, on an interim basis,: Passed and adopted on the following roll call vote: AYE_S: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 22.. The City Council received a resolution from the City of. Modesto seeking action to alleviate the problem of litter and waste disposal created by the sale of beverages in non - returnable containers. The matter was continued for further discussion. 23. Bulletin from the League of California Cities regarding the cooperative study with the Public Utilities Commission regarding the landscaping of railroad rights of way in urban areas was continued to a.study session. 24. Bulletin from the League of California Cities regarding Senate Bill 1117, cable television, was referred.to the City Attorney to write in opposition to taking away from the cities the right to establish rates and approve.terms and conditions of franchises awarded to cable television companies. On motion of Councilman Blake, seconded by Councilman Spring, the matter was referred to the City Attorhey. Motion darried. 25. The City Council adjourned to executive session to discussion property acquisition involving possible litigation. 26. On motion of Councilman Blake, seconded by Councilman Miller, the meeting adjourned to 7:30 P. M., December 14, 1970. APPROVED: January 18, 1971 FI RICK, CITY CLERK D L rI�I u