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
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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
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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.
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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
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