Loading...
HomeMy WebLinkAbout12/21/1970MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA December 21, 1970 - 7:00 P. M. City Hall Pledge Roll Call Present: Emmons Blake, Myron Graham, Donald Q. Miller,. Arthur F. Spring, Kenneth E. Schwartz City Staff Present: R. D. Young, Planning.Director; J. H. Fitzpatrick, City Clerk; W. Flory, Parks and Recreation Director; H. Johnson, City Attorney; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. Rodgers, Police Chief. C -1. The City Council minutes of meetings held October 19, November 2, 4, 9 and 12, 1970 were approved as corrected. C -2. The City Council approved payment of claims against the City subject to the approval of the Administrative Officer. C -3. The Mayor was authorized to accept and record a Quitclaim Deed from The Church of Jesus Christ of Latter Day Saints granting the City property for street widening on Deseret Place. C -4. The Mayor was authorized to.accept and record a Deed of Easement from Ray B. Bunnell and Diane L. Bunnell for installation of sewer service to property located at Stafford Street and Motley Avenue. C -5. The Mayor was authorized -to accept and record a deed from San Luis Coastal Unified School District granting real property located at San Luis Drive and San Luis Creek to the City. C -6. Communication from R. L. Swett, architect, concerning the cost and time needed to prepare plans and specifications for remodelling of the Fire Station and former Police facility. Councilman Miller objected to spending funds to refurbish the old police station and to make one building out--,of it and the Fire Station. He felt the money would be better spent in building a new fire station in the Laguna Lake area. Councilman Spring agreed with Councilman Miller on the remodelling of the police facility and Fire Station at extensive costs of $50,000 and he felt this money would be better spent on a new location. Councilman Blake explained what was being planned in the remodelling of the Fire Station to include the police station for more efficiency in the main downtown station. Mayor Schwartz explained that this action was the result of the Council's decision during the budget study session of 1970 and that the Council was proceeding under the conditions set by its members at that time. He felt that this remodelled building would be in service for a number of years before final decisions were made on a complete, realignment of the fire station facilities: City Council Minutes December 21, 1970 Page 2 On motion of Councilman Graham, seconded by Councilman Blake, the Mayor was authorized to sign the contract with the architect subject to the approval of the City Attorney as to form. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron Graham, Kenneth E. Schwartz NOES: Donald Q. Miller, Arthur F. Spring ABSENT: None I C -7. Communication from the State of California Department of Parks and Recreation concerning a meeting to discuss proposed revisions to the rules and regulations which govern the disbursement of funds to local government from the Land and Water Conservation Fund was received and filed. C -8. Petition from John H. Deeter, developer, asking for annexation to the City property located at Prefumo Canyon Road and Los Osos Valley Road was approved. On motion of Councilman Graham, seconded by Councilman Blake, the following ordinance was introduced. ORDINANCE NO. 512, an ordinance of the City of San Luis Obispo approving the annexation to said City.of.certain uninhabited.:' territory designated "Prefumo Canyon Road Annexation No. 1." 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 -9. Communication from California Council on Intergovernmental Relations concerning comprehensive planning assistance proposal.s and outlining the procedures for applying for 1970/71 funds was referred to R. Young, Planning Director, to see if there would be any benefit to the City in filing a pre- liminary notice of intention. C -10. The City Council approved the following salary step increases effective January 1, 1971. Anderson, John From Step 1 or Brady, Sharon From Step 3 or Chelquist, Cli From Step 2 or Gregory, Barry From Step 2 or C. - $536 - Ste $518 fford $706 L. - $706 Meter Repairman to Step 2 or $590 iographer to Step 4-or $574 R., Jr. - Police Officer to Step 3 or $776 Police Officer to Step 3 or $776 On motion of Councilman Graham, seconded by Councilman Blake, the consent items were acted upon as indicated. 1. At this time the City Council considered the final passage of ORDINANCE NO. 506, an ordinance amending the official zone map of the City of San Luis Obispo. (To rezone property known as 480 Leff -Street from R -2 District to PD R -2 District.) R. Young, Planning Director, again presented the recommendation of the Planning Commission for Council information. City Council Minutes December 21, 1970 Page 3 Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the rezoning. 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. 506, an ordinance amending the official zone map of the City of San Luis Obispo. Finally passed on the following .roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 2. At this time the City Counci considered the final passage of ORDINANCE NO. 5070 an ordinance amending the official.zone map of the City of San Luis Obispo. (To prezone property located at 1800 Prefumo Canyon Road from County A -1 to City R -1 and City PD R -2.) R. Young, Planning Director, reviewed the recommendation of the Planning Commission on the above prezoning. Mayor Schwartz declared the public hearing.open. No:one appeared before the City Council for or against the prezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Spring, seconded by Councilman Graham, the following ordinance was introduced for final passage. ORDINANCE NO. 507, an ordinance amending the official zone map of the City of San Luis Obispo. Finally passed 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 considered the final passage of 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. Mayor Schwartz reviewed the conditions of the sale of the airport property to the County. Mayor.Schwartz declared the public hearing open. No one appeared before the Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced for final passage. 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. City Council Minutes December 21., 1970 Page 4 Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring,.Kenneth E. Schwartz NOES: None ABSENT: None 4. At this time the City Council considered the final passage of ORDINANCE NO. 508, an ordinance amending the official zone map of the City of San Luis Obispo. (To rezone the southeast corner of Santa Rosa Street and Foothill Boulevard from District R -0 to District PD R -C.) R. Young, Planning Director, reviewed'for the City Council the recommendation of the Planning Commission relative to the zoning and conditions established by the Planning Commission on this particular planned development. The City Clerk presented the Council a letter signed by Lloyd B. Ward, Ann Schuman, Jerri Lippolt, Larry K. Waldron, Patricia C. Boone, Patricia V. Gonzales objecting to the proposed service station at the corner of Foothill Boulevard and Santa Rosa Street on the basis that this rezoning would be a deviation from the over. -all plan for the.City on the basis that increased traffic.would result at this highly travelled intersection and a general objection to an additional service.station in this area. Communication from the League of Women Voters objecting to the rezoning for' a service station at the corner of Santa Rosa.Street and Foothill Boulevard on the basis that this was a violation of the General Plan for the City,:. >was not good planning, and there was no demonstrated need for an additional service station in this area. They recommended that the City Council reject the rezoning and not allow further rezoning until a complete over -all review had been made of.the City's General Plan and-the existing zoning ordinances have been revised. Communication from Frederick M. Zander objecting to the permission of another service station being constructed in San Luis Obispo adjacent to Stenner Creek primarily on the basis of the contamination of the creek from oil and gasoline spills from the station and from the debris and'pollution caused by chemicals used to wash the aprons at service stations. Mayor Schwartz declared the public hearing open. Collette Roest objected to the granting of a rezoning to the property for the development of an additional service station at Foothill Boulevard and Santa Rosa Street. She objected not only on esthetic grounds but to the increased traffic that would be brought to the intersection by an additional service station and further the confusion that would be added to the traffic pattern at this corner. She hoped that the City Council would reconsider its decision and reject the ordinance. Clyde Hostetter, 533 Couper Drive, objected to allowing an additional service station on Santa Rosa and Foothill as he felt there had-been no demonstrated need for this station and the additional traffic generated would be detrimental to the City. Richard Krejsa, 189 San Jose Court, objected to the City Council allowing another service station on Stenner Creek on ecological grounds as he felt that wastes from the service station could and would contaminate the creeks of the City and he hoped the Council would reconsider and deny the rezoning. Larry Crandell, developer, stated that he was in favor of the rezoning proposal and felt that all the objections presented at this and other hearings had previously been discussed and discarded and that the City Council should proceed wit4 the final approval.of the rezoning. Mrs. E. W. Conner, President of the League of Women Voters, again reviewed portions of the League's letter to the Council opposing this service station and stated she felt that this rezoning was objectionable to the League on the basis of the lack of planning by the City in allowing numerous rezonings in violation of the General Plan. Dave Burgess, Casa Street, objected to the City Council allowing a service station at this corner as he was afraid that all petroleum spills and washings would be I 7 L_J 1 City Council Minutes December 21., 1970 Page 5 allowed to go into the storm drains and subsequently into the creek adding additional chance of pollution and the killing of the creek. D. F. Romero, City Engineer, upon questioni:ng of the City Council, stated surface water from this service station site would go from the.station into the gutter area, would travel south on Santa Rosa to a.drop inlet and then into Stenner Creek,,, but he added that the storm . waters from the existing service station at Chorro Street and Foothill Boulevard were also discharged into the creek at exactly the same location. Mrs. Zanchuck, owner of property on which the present Mobil station was located, stated that ther had been no termination of the lease of the property at Chorro and Foothill and as one of the property owners, she wished the City Council. to know that there were still four and one half years to go for this particular station to be in operation. J. Huntsberry, Mobil Oil Company, agreed that the lease at Chorro and Foothill had not been terminated to date and that they were still negotiating with the property owners but he reassured the City Council that the company.would close the present station when. the new station was .ready to open. Mrs. Endres stated that she objected to the granting of the rezoning to allow a new service station on Foothill Boulevard as she felt there were enough service stations in that area to serve all the people in;the community much less the people using Highway,) and she.also..fe.lt.the traffic situation would be intolerable. Gary. Clarke objected to the. sre.zoning in order.to build one additional service station as he felt the station would add more traffic to a most hazardous traffic situation at Santa Rosa and Foothill caused by people going to and from the college and up the coast. Larry Crandell stated that Mobil Oil Company in design•i:ng this station anticipated an average of two hundred (200) cars per work day coming into the station and he did not feel this was a great increase in traffic in this area. He also felt that this particular station was not the only one which would be washing dowm driveways and all service stations did this and water goes into the creeks just like every other service station in the city. D. F. Romero, City Engineer, commented that it was his opinion that a service station would generate less traffic than the R -0 if a student housing complex were built on this parcel of land. He pointed out that the station was approximately 85 feet from the creek and could have no direct discharge of surface water into the creek. He also felt the visibility would be much better with an open service. station than with an apartment or office building. Mayor Schwartz reviewed past action to date on the request for a service station at this corner. He explained the action by the Planning Commission in its tie vote on this matter and referring it to the City Council and the subsequent action of the City Council in denying the first appeal and now the proposal was again before the City Council after a four to three vote by the Planning Commission and the City Council had introduced the ordinance on a four to one vote at the last meeting. It was his feeling that.the City Council should reconsider this last action and reject the ordinance. He hoped that the Council would recognize that this. was the first break'in the R -0 zone east of_Santa Rosa which had been recently rezoned by the Planning Commission and City Council after long study and public hearings. He felt the City Council and Planning Commission had not studied the full impact of this rezoning in. breaking the R -0 zone. He.felt.that this was a poor action by the Council and that it should be denied. Councilman Blake felt that additional dramatic evidence had been presented to the City Council at the last hearing on behalf of this rezoning that had not been considered at the first hearing. He felt that in addition to upgrading.this corner and full landscaping of the property, for the first time the City Council had.made a condition that one service station must be demolished before a new one could be opened. He felt that this was a. desirable corner for .a service station, would be the best use of the land and stated. he would continue to support this action as he did two weeks earlier. City Council Minutes December 21, 1970 Page e Councilman Miller stated that he loathed the oil industry because of its flagrant disregard for-the people of the country in not trying-to reduce pollution which they could do without any great cost and that he would support any attempt to have air pollution eliminated or reduced in this City but he felt that the proposed location was a good one for a service station and that he would support this one request as he felt it was unfair to oppose service stations while the Crandell proposal was under consideration. He stated that he would, in the future,oppose all new service stations unless an older service station of the same company were torn down. Councilman Spring than'ked the people for coming and- voicing their opinions to the City Council on the rezoning and service station location. However, he, too, felt that this was a good service station location and stated he would support the proposal. He also wondered where the public was when the Shell Oil Company was attempting to build a service station on Madonna Road with half the area of the station on City owned property and not one citizen expressed interest in the site. He also wondered where the people were when the Shell and Standard Oil Companies wished to build service stations at Marsh and Johnson and how about the recent Council rejection of the self- service station on Broad Street? He continued that these three locations had been rejected by the City Council with little or no citizen support. Councilman Graham was afraid that the''Mobil Oil Company would not be able to keep its promise to close the service station at Chorro and Foothill as it was under lease for four more years and he was afraid that due to technicalities there would be an additional service station in operation in the interim. He also felt that Crandall could not guarantee that Phase Il would ever be developed and he did not like.the idea of covering the creek with these :large buildings. On motion of Mayor Schwartz, seconded by Councilman Graham, that the rezoning be denied. Motion lost on the following roll call vote: AYES: Councilman Graham, Mayor Schwartz NOES: Councilmen Blake, Miller and Spring i ABSENT: None On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced for final passage. ORDINANCE NO. 508, an ordinance amending the official zone map of the City..of San Luis Obispo. Finally passed on the following roll - call vote: AYES: Councilman Blake, Miller and.Spring. NOES: Councilman Graham, Mayor Schwartz ABSENT: None 4B. J. Huntsberry, Mobil Oil Company, presented two sketches of proposed signs for the new station at the corner of Foothill Boulevard and Santa Rosa Street. One was the standard twelve.(12) foot high 5' x 12' lighted plastic.sign and the second was the same size sign mounted between brick pillars at ground level. R. Young, Planning Director, presented slides of the type of service station signs used in Carmel by the major oil companies which were of reduced size and more modest exposure. D. F..Romero, City .Engineer, requested that.if the signs were allowed in the 35' radius of the corner, that they be no higher than 3 feet or no', :lower than 7 feet so that the motorists could see over or under the signs without hindrance. The City Council was not impressed with the standard Mobil signs after having been promised that monument type signs would be used to designate this station. City Council Minutes December 21., 1970 Page 7 A Council committee of Councilman Blake and Councilman Miller was appointed to meet with the Mobil Oil Company representatives to see if a more appropriate sign could be designed for the service station. 5. At this time the City Council held a public hearing on the appeal of W. A. Danley from a denial by the Planning Commission of his requested prezoning of property generally located on the east side of Edna Road between Tank Farm Road and Buckley Road extended from County A -I AH District to City R -H AH District. ' R. Young, Planning Director, presented the recommendation of the Planning Commission as follows: 1. The subject property is 53 acres in area and is zoned County A -1 AH. The applicant is requesting prezoning to City R -H AH. 2. The Commission was of the opinion the applicant should be denied since the General Plan proposes low to medium residential uses and therefore, the requested R -H.AH (high density - .airport hazard) zone is not in accordance with the recommendations of the General Plan. 3. The Commission was also of the opinion that the area around the airport should be studied since the annexation of this area is pending. Mayor Schwartz declared the public hearing open. Henry Diel, representing W. A. Danley, the property owner, stated that contrary to the report presented by the Planning Director, the recommended denial by the Planning Commission was actually a vote of four for denial, two opposing denial and one absent. He continued that he wished the City Council to be aware of the split vote of the Commission as it was not forwarded on the final resolution. He continued that the property owner realized that the decision of the Planning Commission could have been postponed at his request until all members of the Commission were present but he felt that time was the essence and he wished the City Council to consider the proposal He also stated that his principals would be most happy if the City Council applied PD to this requested zoning so that the City Council and Planning Commission could establish the necessary criteria for developing this property into a mobile home park. He stated that the plans were for 6.5 mobile homes per acre with each mobile home to have a lot of 3,500 square feet. Mayor Schwartz interrupted H. Diel stating unfortunately all the City Council could consider was the appeal of W. A. Danley from the denial of a prezoning from R -H AH but that if the owner wished to submit a planned development, the Council could not consider it.at this time because the PD was not under appeal: H. Dial stated they would continue their request on the R -H AH. Councilman Blake suggested that if the developers planned R -H PD AH it would be better for them to prepare their plans and return to the Planning Commission for the planned development. W. A. Dan ley stated that he could not understand why the City Council would not consider R -H uses in this area. He felt there was a need for multiple use property in the City and felt that if the.Council denied this request, he was sure he would be back within thirty days with a planned development for the property. He continued that there was no multiple zoned land available . within the City for development to large multiple uses. Any land available within the City for development was too costly and must be rezoned before it could be developed. Further, high land cost of small parcels required a higher rent for the units so that it would become impossible for the average person to rent an apartment for himself and his family. .Therefore, he asked the City Council to overrule the.Planning Commission and rezone this property R -H AH so that he could proceed with his plans. H. Die] felt that the subject land should be prezoned to R -H AH as its only potential was to develop: , Land,whIch was presently vacant could not rise in cost due to excessive taxes. and ,that;prope,r:development would be adjunct to the City. He felt that proper use of the land would be to multiple uses with mobile homes or condominium units. He also stated that if the Council approved this development, they would want water and sewer services extended to the pro- perty which would help the entire area. He further stated that the principals in this project would support annexation to the City. City Council Minutes December 21,•1970 Page g C. F. Fowler, property owner in the City adjacent to the Dan.ley parce, stated he would support the request to rezone to R -H for proper development of this part of the valley. Ed Garcia, property owner west of Danley with fifty acres, stated he supported this request for prezoning for orderly development of this portion of:the Edna Valley. On motion of Councilman.Miller, seconded by Councilman Graham,.that the City Council approve the appeal, overrule the Planning Commission and prezone the property to R -H AH. Mayor Schwartz stated that on fifty three acres.of land under a straight R -H zoning with no restrictions that over 2,000 units could be built without further Planning Commission or City Council.consideration. Councilman Blake.stated.that he would support a planned development for this property but would object to straight R -H zoning due to the density that could be allowed on fifty three acres of land. He would uphold the decision of the Planning Commission although he felt a mobile home park.would be an acceptable use of the land. Councilman Graham stated he would withdraw his second on the motion but would support a planned development on this property. Councilman Miller felt a planned development on this land would be acceptable. The motion died for lack of a second. W. A. Danley withdrew his appeal. 9:10 Mayor Schwartz called a brief recess. 9:15 P. M. The meeting reconvened with all Council members present. 6. At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the zoning ordinance to allow residential condominium development on lots containing 6,000 square feet or more. R. Young, Planning Director, presented, the recommendations of the Planning Commission as follows: It was the opinion of the Planning Commission that the reduction of the. area requirements for condominium development would have no land use impact upon adjacent areas in which said developments will occur. The Commission therefore recommended that the ordinance be amended to permit condominium development on lots 6,000 square feet in area. Mayor Schwartz declared the public hearing open. John King, Davis -King Construction, appeared before the City Council stating that this proposed amendment by the City Council was one of great importance to the City's development as there were many small lots within the City at very high cost that had not been able to be developed economically due to the restrictions on condominiums but now that the condominium lot size had been reduced, many of these lots could be developed with three or four units. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced. ORDINANCE NO. 511, an ordinance amending the Municipal Code to reduce the area requirements for condominium.:development from 36,000 square feet of land area to 6,000 square feet of land area. Passed to print on the following roll call vote: AYES: Emmons-Blake, Myron Graham, Donald Q. Miller, Arthur•cF.- Spring, Kenneth E. Schwartz NOES: None 1.11 ABSENT: None 1 1 1 City Council Minutes December 21, 1970 Page 9 7. At this time the City Council held a public hearing on the recommendations of the Planning Commission to prezone lots 82 and 83 of the San Luis Obispo Suburban Tract from County M- 1 -S.AH District to City P. -H AH District. R. Young, Planning Director, presented the recommendation of the Planning Commission as follows: The General Plan proposes high density residential uses for the area in which the property is located. There is an existing mobile home park contiguous to ' the subject property. The Commission was of the opinion that.the requested prezoning was in accord with the General Plan. Mayor Schwartz declared the public hearing open. Bill Rust, engineer representing the property owners, stated that he had nothing to add for the Council's information over the Planning Commission's report but that he would be available to answer any questions that might arise. Ed Garcia asked why this R -H AH was approved by the Planning Commission when the Danley request was just denied and was so close to the subject property. Mayor Schwartz declared the public hearing closed. Councilman Miller felt that he could support this prezoning just as he could have supported the request of Danley as he felt that R -H development was needed in the City and that it would take large parcels of land.such as these proposed for prezoning for proper development. He also felt that approving this request and disapproving Danley's on.the flimsy argument was fallacious. He felt that the City Council had been derelict in its duty in.not keeping the General Plan updated or seeing that the Planning Commission did its job in updating the General Plan. Mayor Schwartz stated that if the citizens in any area in the City felt that the General Plan was wrong, they should ask for a General Plan amendment hearing. R. Young, Planning Director, explained to.the City Council studies that had been made by him in cooperation with the County planning staff in the general area of the airport regarding airport hazards, noise, etc. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced. ORDINANCE NO'. 510, an ordinance.amending the official zone map of the City of San Luis Obispo to prezone to R -H AH Lots 82 and 83.of the San Luis Obispo Suburban.Tract. 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 S. John King, Davis King Construction; appeared before the City Council and presented a plan for development of his property in the 100 block of Chorro Street involving the dirt mounds he had been stock piling at this location. He felt his proposal would be satisfactory to him and to the neighbors as the dirt mounds would be lowered and then landscaped and thus would not be objectionable to the citizens of Chorro Street. He continued that the mounds would be reshaped in order to comply to the neighbors' desires with no mound to be over six -feet in height behind the 20' setback line. He also presented a profile of the final lot grade showing the mounds and their landscaping. He continued that the lot immediately adjacent to the Colwell property due to its size and with no restrictions caused by the creek would be deve.loped with a conventional .residence with the normal 20 foot setback so that the view down the street would still be restricted from the Colwell residence. He continued that he had contacted all the neighbors who had submitted complaints on the dirt mounds except two and most felt that if the area was cleaned up they would not oppose his plan. City Council Minutes December 21, 1970 Page 10 A. Colwell, 129 Chorro Street, submitted a letter to the City Council stating that under no conditions did he feel the mounds, landscaped or not land- scaped, should remain. The land should slope to the creek for proper drain- age. He hoped that the City Council would remove the mounds and develop the lots in the normal manner. Councilman Spring stated regardless of the proposal of King, he was still opposed to the dirt mounds and wanted them removed. Councilman Miller again questioned the proposed height of the mounds in the setback area twenty feet from the property line. J. King again presented his sketches showing how the land would look from the sidewalk area back for twenty feet. Councilman Blake felt that Council action was for King to bring the mounds down to the proper height in accordance with City policy in the setback area. Mayor Schwartz felt that the proposal of John King was reasonable and if properly carried out could be attractive and an asset to the property. On motion of Mayor Schwartz, seconded by Councilman Blake, that the City Council rescind its order to clear and level the lot; proceed with proper grading so that the height of the mounds would be no higher than three feet at the twenty foot setback line and a maximum of six feet in height at the thirty foot line and that the mounds be shaped to prevent sloughing off into the sidewalk area and that ground cover be placed on the dirt mounds and be maintained. Work was to be completed within thirty days. Motion carried with Councilman Spring voting no. 9. Aryan I. Roast presented a proposal for the establishment of a wildlife display at Laguna Lake Park to include both plants and animals, a combination botanical and zoological garden, a living museum. The emphasis would be on local wild animals and plants, those from our coastal region.of.California. The purpose of the display would be both for recreation and education. He continued that initial construction and site development would be done by the City to provide a nucleus and additional displays would be constructed by contributions and assisted by non - profit organizations. Dr. Roest out- lined the details of the various aspects of his plan. The City Council received a communication from the Parks and Recreation Commission lending support to the plan presented by Dr. Roest. They felt it would be an excellent development for Laguna Lake Park as it would comple- ment the existing marsh preserve and bring to the attention of both residents and visitors the plants and animals native to the San Luis Obispo area. It was the recommendation of the Planning Commission that the City Council accept the plan as a general guide so that future development or:work such as tree planting, etc., would be done to enhance the wildlife area and the park area. On motion of Councilman Graham, seconded by Councilman Blake, that the City Council adopt the recommendation of the Parks and Recreation Commission to accept the wildlife display area as a general guide for future development of Laguna Lake Park,-. Motion carried.= 10. Continuation of the consideration of County Service Area No. 18, Country Club and Country Club Estates: D. F. Romero, City Engineer, presented the following answers to questions posed by Mr. Johnston of Pomeroy, Johnston and Bailey, consulting engineers for the District as follows: Question 1. Would the City consider a contractual arrangement whereby the service area could purchase capacity rights without formal annexation? Answer The City has made contractural arrangements to serve Cal Poly and the Forestry and to serve several properties on Edna Road prior to annexation; however, it has never, to my knowledge, served a large residential development such as this one without requiring annexation. I believe it would be possible to cir- cumvent the Rolling Hills property to annex County Service Area No. 18 if the Council feels this is desirable. 1 1 1 City Council Minutes December 21, 1970 Page 11 - Question 2. Does the City have an interest in sharing trunk sewer and /or new pumping station capacity along.Edna Road as in the City's past practice with new subdivisions ?. Answer The City policy for a number of years has called for the developer to install facilities of adequate size to serve his own needs, with the.City participating in the cost of providing excess capacity. Following this policy, County Service Area 18 would make whatever arrangements were required to connect to the nearest point of adequate service at the ' intersection of Tank Farm Road and Edna Road; with the City requiring and paying for. larger trunk lines, force main, and lift station. The City would then reimburse itself over the years as other properties tied in and used these. facilities. Question 3. At what maximum delivery rate can sewage be accepted at the City's existing pumping station from Service Area No. 18? Answer The sewer-lift station at the intersection of Tank Farm Road and Edna Road has a capacity of.600 gallons per minute and is receiving almost no flow at this time. The present capacity is sufficient for a full development of County Service Area 18. Question 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? Answer For several years, the City has been charging properties along Edna Road at the rate of $131.55.per g.p.m. flow contribution (this works out about $35 per normal single family'lot) for a share of the capacity provided in the lift station, force main and trunk lines serving this area. To be consistent, the City should also charge this connection fee to County Service Area 18. D. F. Romero continued.that if City sewer service is provided to this area ' outside the city limits, perhaps the major incentive for annexation is removed. Since property owners would then receive the primary service and would face additional taxes with annexation, it would appear very difficult to annex this property in the future. To provide incentive, I suggest that the monthly sewer rates that would be charged against property owners in County Service Area 18 be set at a high enough rate (approximately $10 per month per house) to provide equivalent revenue for the City were the properties paying City taxes and normal.sewer fees. . The Council will recall that the master plan study conducted by Paul Adamson in 1961 indicated that trunk lines, lift station and force main costs from Edna Road to the Sewage Treatment.Plant would run between $175,000 and $460,000, depending on which of nine alternates were selected. None of these was adopted by the Council, although the.improvements so far installed in this area have been placed with' sufficient flexibility to meet any of the alternates. If County Service Area 18 connects to the system, it will be necessary that the City.review and finally adopt one of these alternates. I suggest therefore that the Council..reconsider this report at.an early date. Carl B. Johnston, consulting engineer for proposed County Service Area No. 18, stated he was satisfied with the answers presented by Mr. Romero but would like to know the formula the City would use in participating in the trunk line if expansion was needed. ' D. F. Romero, City Engineer, then presented alternate.methods of computing excess capacity and explained past City practice. H. Johnson, City Attorney, commented on the equity in light of other Council policies and ordinances. He continued that any deviation by the City from its recent policy of requiring annexation prior to furnishing basic services such as sewer or water could be an invitation for other satellite developments such as Rolling Hills and Country Club Estates to be launched with the expectation that they too would be served by-.the City without being required to be annexed. City Council Minutes December 21, 1970 Page 12 Furthermore,. extending services outside the City at a time when the Water Quality Control Board had already urged us to expand our treatment plant to serve areas within the City could be a source'of concern to some owners of undeveloped real property in the City. Councilman Miller questioned the ability of Service Area No. 18 to pay the cost of extending the sewer services to the City sewer plant. He suggested that the City and County attempt to form a special assessment district in the entire area with a request for 50% Federal funds, 25% State funds, and 25% from the property owners in the district. He felt that the City should consider cooperating in this district in an attempt to sewer the entire area. Mayor Schwartz wondered if there was some way of breaking down the cost for sewer lines and services on an acreage or frontage basis in order to sewer the entire valley and use the same basis for repayment. C. Johnston asked the following questions: 1. What would be the district's share of the Edna sewer main? 2. What would be the future cost of expanding sewer service for the entire valley? Councilman Blake felt that the City of San Luis Obispo would be willing to extend sewer service outside the City. After some discussion it was generally agreed by the.City Council that: 1. The City would be receptive to a contractual agreement whereby the service area could purchase capacity rights in the City sewer system without formal annexation. 2. The City would share in the cost of sewer trunk line, lift station and force main serving the area on the basis of past City practice, whereby the City pays for the difference between that size needed to serve the service area and the master plan.size adopted by the City. The Council did agree that when connections are .made to the side of these facilities, the service area would be reimbursed in accordance with.the City Ordinance and.that the City would also attempt to workout a reimbursement.for a share of the capacity as other areas in the valley connect; to the system. 3. The service area would pay at the rate of $35 per normal single family lot for a share of the existing lift station, force main and trunk lines serving this area. This fee to be paid by all properties in the service area when trunk lines are connected to the existing City system. 4. A monthly sewer rate approximately equivalent to City.Property Tax and City Sewer Fee ($10) would be charged against properties in the service area for use of these facilities prior to.annexation. 11. D. F. Romero.-City Engineer, asked for Council decision prior to proceeding for special assessment districts for Bond, King and Leff Streets. He outlined.the cost of the assessment district and posed the following questions to the Council: 1. Does the City Council wish to proceed under the 1913 Improvement and 1915 Bond Acts? The City Council indicated it wished to proceed in.the normal.meth.od of the 1 1913 and 1915 Acts to raise the estimated cost of $40,000 to $43,000. 2. Will the City be interested in purchasing the bonds? The City Council stated the City would purchase the bonds due to the present bond market. City Council Minutes December 21, 1970 Page 13 3. If the City finances the project by purchasing the.bonds, will these be at a 5% interest rate over a.ten year period? . The City Council agreed to a 5% interest rate over a ten year period. 4. Will the City contribute toward the cost of the project either in engineering services or in assistance to the property owners? The City Council felt that the City's contribution would be in the engineering services. The City Engineer was authorized.to proceed on this basis. 12. Communication from drainage obstruction on Street was not listed b that it was brought out fairness to the othersi subsequent.lists. the City Engineer notifying the City Council that the the Leitcher property at San Luis Creek and Nipomo him on the priority report on creek obstructions but during the hearings on adjacent properties and in the Leitcher drainage obstruction was included in D. F. Romero, City Engineer, continued that the restriictions to the flow in this area were not serious as they created an obstruction only during peak storms which occur only every few years but that during the peak storms, there was a definite flow restriction, and in his opinion, a hazard exists. Mayor Schwartz felt that the Council's action at this time was to: (a) take no action; (b) eliminate this property from the priority list; or (c) order the work done and the creek cleared. Councilman Miller felt that..if the'City Engineer and City Council felt an obstruction existed, it should be cleared. Councilman Blake agreed that if these trees and wall were an obstruction in the creek, they should be removed. H. Johnson, City Attorney, commented on the.City Council's responsibility once the City Council had recognized an obstruction and potential hazard in the creek or other water way. He pointed out that since the obstruction was on private property, the basic liability for any resulting damage was that of the private property owner permitting the condition to exist. However, the obvious purpose in adopting the creek nuisance ordinance was'to provide a means of assuring that serious obstructions could be removed at the property owner's expense. The City Council, as the legislative body, has the discretion to decide how serious the hazard is and whether the property owner should bear the expense of removal of same. Kathryn Ellinq, nearby resident asked that the obstruction be removed as it was diverting water toward her property and causing erosion problems. Mayor Schwartz suggested that possibly the matter could be continued until the property owner was again present. Councilman Graham stated that he was opposed to removal of the obstruction in the creek if it meant removing any more trees. On motion of Councilman Blake, seconded by Councilman Miller, the City Engineer was instructed to remove the obstruction on the Leitcher property with City forces and the cost would be made a lien against the property. Motion carried with Councilman Graham voting no.. 13. Communication from the attorneys for San Luis Savings and Loan Association demanding that the City take action to abate the drainage channel obstruction which currently exists on the Stanley V. Cols property and which is a hazard to their clients' property. City Council Minutes December 21, 1970 Page 14 D. F. Romero, City Engineer, stated that he had. contacted Stan Cole several times for a meeting with the Council committee in an attempt to settle this matter but that Mr. Cole had been unable to agree to a definite date. The City Council requested that the City Engineer set a definite time and place for the Committee to meet with Stan.Cole in order to review the proposals to abate the drainage obstructions and settle the matter. 14. The Traffic Committee Report of December 18, 1970 was continued to the ' January 4, 1971 meeting. 15. Continuation of the discussion of litter and waste disposal problem created by the sale of beverages in noft- returnable, disposable containers was continued. 16. Presentation of Plans and Specifications for the traffic signal.at Madonna Road and Higuera Street was continued. 17. On motion of Councilman Graham, seconded by Councilman Spring, the request of Fred Julien and Associates for an extension of time to start construction of the sewer.assessment district for Yoakum No. 2 on January 4, 1971 was approved. 18. On motion of Councilman Blake, seconded by Councilman Spring, the meeting adjourned. APPROVED: February .1, 1971 H. ZPATRICK, CITY CLERK 1 L,