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HomeMy WebLinkAbout04/05/1971MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA April 5, 1971 - 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, Park $ Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. L. Rodgers, Police Chief; E. P. Thompson, Water Director. C -1. The City Council authorized payment of claims against the City for the month of April 1971 subject to approval by the Administrative Officer. C -2. Council approval of the minutes of March 1, 8, 15 and 29, 1971 was con- tinued to the meeting of April 19, 1971.• C -3. The City Clerk reported the following bid had been received for the Street Tree Pruning of McMillan Manor: (Bids opened April 2 at 10:00 A.M.) Layton Tree Service $1,950.00 Atascadero, California ' The City Council accepted this bid and awarded the contract. C -4. The.City Council approved the following contract payments: R. McGray, Inc. Est. #1 $8;124.14 Santa Rosa St. Widening City Plan No. 5 -70 R. McGray, Inc. Est. #2 $ 902.68 Santa Rosa St. Widening (Final) City Plan No. 5 -70 C. S. Construction Co. Est. #5 $27536.65 Street Reconstruction City Plan 8, 9, 10 -71 C. S. Construction Co. Est. #6 $2,376.67 Street Reconstruction City Plan 8, 9,'.10 -71 C -5. The City Council received a communication from the Housing Authority re- garding a new project at 1600 Toro Street and notifying the Council of the amount of taxes which would-be levied on this property if privately owned. The letter was ordered received and filed. C -6. Council consideration of a resolution adjusting the 1970 -71 Budget by adding $50,000 to the Select Road Account and deducting $50,000 from the Gas Tax Fund. On motion of Councilman Blake, seconded by Councilman Miller, the.following resolution was introduced. RESOLUTION NO. 2175,'a resolution adjusting the 1970 -71 Budget. City Council Minutes April 5, 1971 Page 2 Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E..Schwartz NOES: None ABSENT: None C -7. Council consideration of a resolution authorizing the City Clerk to make the official canvass of the results of the April 20, 1971 General. Municipal Election. On motion of Councilman Blake, seconded by Councilman Miller, the following resolution was introduced. RESOLUTION NO. 2180, a resolution authorizing the City Clerk to make the official canvass of the results of the April.20, 1971 General Municipal Election. Passed and adopted on the following roll call.vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None C -8. The City Council received a communication from the First Presbyterian Church regarding the Senior Citizens luncheons and requesting that this group be exempted from purchasing a business license. The City Council agreed that no license should.be required. ' C -9. The City Council approved the recommendation of the Advisory Committee for Joint Recreational Use of School District Property that directional signs be placed indicating the route to the Baseball Stadium. C -10. Memorandum from Administrative Officer regarding annual review of the Capital Improvement Program and transmitting priorities list from the Planning Commission. Resolution No. 2058 (1970 Series).calls for Council hearing on annual updating at the.second regular meeting in April. The City Council set study meetings for 12:00 Noon on April 8 and 12, 1971 and possibly the 15th and /or 16th. C -11. Jim Bean, Secretary /Manager of the San Luis Obispo County Building Contractor's Association, appeared before the City Council on behalf of the request of his association that the City Council add a plan checker to the Building Inspector's staff which would minimize the long delays in having plans sent to Los Angeles for checking. He stated with the great increase in building activity that sending plans out of town would just add more and more delay to the plan checking procedures. R. D. Young, Planning Director, explained the existing procedures in forwarding large development plans to the plan checking agency. He.felt having a member of the staff available to check plans would make the review much. quicker and more satisfactory to the applicant at the counter where problems would be discussed. ' R. D. Miller, Administrative Officer, commented as follows: "An alternate which might be considered would be to hire one or more qualified staff members at Cal Poly on a part -time contractral basis. This -would avoid the problem of hiring a fulltime staff member to handle a peak load situation and then force the possibility of running into a slump in activity. Another disadvantage of having a single staff member would be demonstrated when more than one large project came in at the same time." City Council Minutes April 5, 1971 Page 3 C -13. The City Council received a not ice'of public hearing to be held on April 12, 1971 at 10:00 A.M. in the Supervisor's Chambers of the Courthouse Annex regarding the adoption of proposed rules and regulations for the San Luis Obispo County Air-Pollution Control District. C -14. The City Council approved a covenant with W. A. Howie & Myrtis.L. Howie for construction of a two -foot high concrete block retaining wall adjacent to a six foot integral sidewalk at 652 Morro Street. The Mayor was authorized to sign the covenant. C -15. The City Council received a communication from the Division of Highways regarding relocation of a water main on California Boulevard at Freeway 101., On motion of Councilman Blake, seconded by.Councilman Miller-, the following resolution was introduced. RESOLUTION NO. 2181, a resolution authorizing the Mayor to sign the Utilities Agreement No. 257.0.11 with the Division of Highways. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None C -16. The City Council received copies of a proposed.ordinance to adopt new building codes.for study. C -17. The application of Mr. and Mrs. Charles Willis for permission to move their cardroom from 1020 Railroad Avenue was continued for another month. C -18. A priority schedule.of street work to be conducted during the 1971/72 fiscal year prepared by'the City Engineer was referred to a future study session. C -19. The.City Council accepted a deed for sewer easement from W.A & Dorothy P. Chism. and William A. and R. Elaine Moody. The Mayor was authorized to sign the agreement. On motion of Councilman Blake, seconded by Councilman Miller, the consent items were acted upon as indicated.. Motion carried. 1. The City Council considered an ordinance approving the Highland Drive Annexation to the City of San Luis Obispo. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the annexation. Mayor Schwartz declared the public hearing closed. On motion of Councilman Spring, seconded by Councilman Miller, the following ordinance was introduced. ORDINANCE NO. 520, an ordinance of the City of San Luis Obispo approving the annexation to said City of certain uninhabited territory designated "Highland Drive Annexation ". Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q: Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None , City Council Minutes April 5, 1971 Page 4 2.'. The City Council considered the final passage of ORDINANCE NO. 519, an ordinance amending the Fire Zone Map. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against.the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Spring, the following ordinance was introduced for final passage. ORDINANCE NO. 519, an ordinance amending Section 3140.1 of the San Luis Obispo Municipal Code to amend the Fire Zone Map. 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. 518, an ordinance reducing parking requirements for studio apartments and elderly housing and including a definition of studio apartments. Mayor Schwartz declared the public hearing open.. No one appeared before the City Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Mayor Schwartz, the following ordinance was introduced for final passage. ORDINANCE NO. 518, an ordinance amending the Zoning Ordinance to reduce parking requirements for studio apart- ments and elderly housing and including a definition of studio apartments. 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. The City Council received a communication and petition from twenty three (23) residents of Verde Drive asking the City Council to take action to complete sidewalks along both sides of Ramona Drive before that street is completed and opened to traffic between Broad Street and Tassajara. D. F. Romero, City Engineer, reported that his office was in the process of preparing necessary documents for the City Council's consideration to require installation of curbs, gutters and sidewalks on some areas of Ramona Drive which were not presently improved. The matter was continued for a report from the City Engineer on installation of curbs, gutters and sidewalks. 5. The City Council received a communication from the Church of Jesus Christ of Latter -Day Saints requesting that the City Council grant permission for the church to construct a twenty eight (28) foot wide driveway at the west end of Deseret PI. City Council Minutes April 5, 1971 Page 5 D. F. Romero, City Engineer, stated that he had no objection to granting this exception, but by City ordinance, it could only be granted by the City Council. He felt that a wider driveway would be a benefit to the people and urged the City Council to approve the request. On motion of Councilman Blake, seconded by Councilman Graham, the request was approved. Motion carried. 6. The City Council received a communication from Charles E. Dills suggesting that they consider an ordinance restricting the placing of unsolicited printed materials such as newspapers and handbills on private or public property with- out the permission of the property owner. Charles E. Dills appeared before the City Council stating that the basis of his request was that in addition to the unsightliness of the newspapers which were thrown into the street by the property owners who did not wish to receive them, the delivery was the main problem. Any house with old newspapers on the lawn was an open invitation to burglery. He felt that if there were existing an ordinance which would prevent these deliveries, they should be enforced. If not, an ordinance should be passed to deal with this problem. The request was referred to the City Attorney for review of existing City and state statutes dealing with the problem. The City Attorney was then to make recommendation to the City Council, 7. At this time the City Council held a public hearing on the appeal of J. B. McDonald from a condition of a use permit granted by the Planning Commission. R. D. Young, Planning Director, presented the recommendation of the Planning Commission in granting the use permit. Chief Schlobohm, Fire Department, explained that the need for additional fire alarms in student housing was'for the safety and protection of the lives of the residents in the building: He continued that the alarm system was not needed to save the property but the lives of those who live there. He con- tinued that those buildings built like apartments to house students loaded up with tenants and the protection of these people was important. He urged the City Council to approve the recommendation placed on the use permit by the Planning Commission. Councilman Blake stated that he agreed with the statements of the Fire Chief in that he had studied the 1970 Fire Department Activity Report and statistics and he found that most fires in San Lui;s:Obispo 1n.1970 were in student housing developments. He agreed that the safety of the students' lives was very important. Councilman Graham asked if all student housing developments were being re- quired to comply with this manual alarm system. Chief Schlobohm stated that to the best of his knowledge all three story buildings had smoke sensors, sprinklers or other fire protective systems and that based on the activity the fire protection was now being extended to two -story student housing developments.' Mayor Schwartz asked when the developer found out that his particular develop- ment required some type of fire protection system. Chief Schlobohm stated that this was normally brought to the developer's attention at the.time the Fire Department checked the plans, but that all plans were not checked unless they were designated as a student housing complex. At the time the plans were checked the developer was informed of the requirements of the Fire Department. He continued that in the case of J. B. McDonald, the building permit was issued as a straight apartment, but that after construction, an application was made for a student housing use permit. The developer, therefore, was not notified until the project had been well along in construction. �II L�J 1 1 1 D City Council Minutes April 5, 1971 Page 6 Mayor Schwartz declared the public hearing open. J. B. McDonald stated that it was not always his intention to develop this property to student housing, but as an investment for ultimate sale. After his first two story units were under construction, he applied for a use permit for student housing at which time he was hit by the Fire Department with the recommended manual fire alarm system. He continued that he had no objection to complying with any and all City regulations but he wished to be treated fairly and equitably with other property owners in the City. He further hoped that the City Council was aware that on the first eight - unit building, the plaster on both the inside and outside of the building had been applied by the time he was notified to install the alarm system. His main objection to the Planning Commission's requirement was the need to remove part of the stucco from the inside to put in the required alarm system. He stated he had no objection to this particular alarm or other im- provements as he felt the safety of his tenants should. be protected. However, he felt that the rules should be noticed by the City before being enforced and further felt that all local changes such as this should be applied equitably to all developers in the City. Mayor Schwartz declared the public hearing closed. Councilman Miller agreed with the developer in that the City many times seemed to wait until the buildings were half constructed before finding some new regulation to enforce. He felt that before the City Council enforced new building or fire regulations in new developments, public hearings should be held so that everyone concerned would know what the City was attempting to enforce. He continued he would support the appeal due to the Lack of prior notice to the developer. Councilman Graham agreed that he too would support the appeal of J. B. McDonald as he felt he had not been given sufficient notice that a new re- quirement was being enforced by the City. Councilman Blake agreed that the addition of the fire alarm system would cost the builder more money but did not feel that McDonald would have to tear the building apart to install the alarm system. He felt that some fire alarm system must be installed in student housing to protect the tenants and that he would deny the appeal on the basis of safety. Further, the City Building and Fire Departments did not knwo that student housing was being planned until the owner applied for a use permit for student housing. Mayor Schwartz stated that based on the fact that the City did not know the intended use of the new building until the property owner or developer applied for a use permit at which time conditions were established for the particular use, he too felt that he would deny the appeal and support the Planning Com- mission. He reminded the Council that the Planning Commission had unanimously adopted the need for the alarm system. Councilman Miller stated that one of the major problems in student housing was that the builders did not apply for student housing but built standard apart- ments and then-rented them to four students in violation of existing City ordinances but he felt the ordinances were not enforced on student housing apparently due to the claim of lack of staff. On motion of Councilman Miller, seconded by Councilman Spring, that the appeal of J. B. McDonald be upheld as to the first unit and that he not be required to place the alarm system in such existing unit. Motion carried on the following roll call vote: AYES: Myron Graham, Donald Q. Miller, Arthur F. Spring NOES: Emmons Blake, Kenneth E. Schwartz ABSENT: None City. Council Minutes April 5, 1971 Page 7 8. The City Council considered acceptance of TRACT N0. 393 and a request that tree planting be delayed in the tract until driveway locations were determined. The matter was continued at the request of the City Engineer as all requirements for improvements had not been met. 9. The City Council considered the final map of TRACT N0. 400. D. F. Romero, City Engineer, presented the final map of Tract No. 400, El Camino Estates, and stated that the map as presented was technically correct and that subject to the special conditions of the subdivision agreement, he would recommend approval. The conditions are as follows: 1. The developer shall reimburse the City in the amount of $1,898.89 for a share of the sewer facilities installed in Higuera Street and in the amount of $4,620.73 for a share of the water facilities installed in Higuera Street under the Lower Higuera Assessment District project. 2. The developer shall install a sewer lift station capable of pumping 400 gallons per minute, with City assuming maintenance and power costs upon acceptance of the subdivision. Upon completion and acceptance of the facility, the City agrees to pay the difference in cost between the standard 400 gallons per minute underground pump station and an 80 gallons per minute wet well mounted station which would have been. sufficient to serve the needs of the subdivision. 3. The developer shall pay the City the amount of $5,619.95 (16.057 acres @ $350 /acre) water fees in accordance with Section 7410.5.1 of the Municipal Code. 4., The developer shall be entitled to reimbursement for a share of the water and sewer lines being installed on Margarita Avenue, where these lines abut properties outside of the subdivision. The developer is eligible for this reimbursement for 15 years from date of this agree- ment, in accordance with provisions of Section 7410.6 and 7500.6.of the Municipal Code. 5.. The developer shall landscape the median island of Margarita Avenue in accordance with requirements of the Planning Department prior to final City acceptance of the subdivision. 6. The developer shall deposit with the City the sum of $8,353.55 to be used by the City for tree planting. (Calculation is based on $1 /lin.ft of lot frontage.) 7. Grading fees in the amount of $337 will be combined with subdivision inspection fees and treated as normal inspection fees. 8. The developer agrees to bring Higuera Street to subgrade and install curb, gutter and sidewalk along the frontage. The City agrees to place base and paving on this widened portion of the street. 9. A variance is granted to permit an average width of Lot 14 to be less than 60 feet, and the average depth of Lots 5 and 6 to be less than 90 feet. 10. Upon completion of the improvements and acceptance of these facilities for maintenance, the City agrees to pay the difference between an eight - inch and ten -inch sewer and water main to be installed on Margarita Avenue in accordance with a certified statement of cost to be submitted by the developer. 1 1 1 City Council Minutes April 5, 1971 Page 8 Ken Simpson, developer, requested that he be allowed to use ice plant as ground cover in the median strip under the power lines and he also felt that the cost for tree planting was excessive. He hoped that he or his representatives would be allowed to audit the account to see that the money was used only on tree planting in this subdivision. The City Council assured Mr. Simpson the records of the City would be avail- able to show where the tree planting funds were expended. The Council also agreed that the median strip could be pl:.nted with ice plant but on the 12". centers as recommended by the Park Department. Mr. Simpson questioned the City Council on the.fact that the subdivision agreement showed no reimbursement for excess capacity of over-size-water lines. D. F. Romero answered that Price Thompson, Water Director; felt that the 10" water line was needed to serve Tract No. 400 and that no excess capacity was in the line. Ken Simpson asked the City Council for permission to have his engineer again look into this pipe size matter to see what was necessary to serve the sub- division. The City Council agreed that the City would pay for excess capacity costs in both the water and sewer line, subject to review and approval by the Water Superintendent and City Engineer. On motion of Councilman Graham, seconded by-Councilman Miller, the following resolution was introduced. RESOLUTION NO. 2176, a resolution approving the final map of Tract No. 400, El Camino Estates. Passed and adopted on the following roll call vote: I AYES: Emmons Blake, Myron Graham, Donald Q. Milder, Arthur F. Spring, Kenneth E. Schwartz NOES.: None ABSENT: None 10. At this time the City Council considered the tentative map for TRACT NO. 412 Quail Drive extended, as presented by the City Engineer who explained the work to be completed in the subdiv.ision and.its proposed development. R. D. Young, Planning Director, stated that the tentative map had been approved by the Planning Commission subject to the following conditions: 1. Lots 13, 14, 21, 22, 23, 56 8 57 shall be adjusted. to meet the minimum requirements of the Subdivision.Ordinance except that Lots 14 and 21 may have a lot frontage of 40 feet. 2. Water installation shall meet the requirements of the Water Superintendent. 3. The developer shall provide easements in accordance with the requirements of the utility companies. 4. A fee of $1.00 per lineal foot -of street frontage shall be deposited for the planting of street trees by the Park. and Recreation Department. Exceptions for the following are hereby granted: 1. Lot width,area and frontage exceptions are granted on Lots 15 thhu 20. 2. Lot frontage exceptions granted for Lots 31 thru 34. The map was then referred back to the Planning Commission with no- objections from the City Council. City Council Minutes April 5., 1971 Page 9 11. Communication from the .Park and Recreation Commission regarding their study at the request of the City Council of the possible use of a portion of Laguna Lake Park for motor bikes and motor cycles. After study by the Commission on both private and publically owned facilities, it was felt the City was not able to financially enter into any facility specifically designed for these off -the- road vehicles. In the course of the study of this matter, the damage caused to terrain in the parks was considered and it was felt that the motor bikes . and motorcycles were definitely causing damage to park areas. The Park and Recreation Commission felt the parks should be protected in much the same manner as Laguna Lake water surface was protected when power boats were forbidden. The Commission recommended to the City Council that all unauthorized motor vehicles be prohibited by ordinance for off - the -road use in City parks and on any other public lands controlled or maintained by the City. They further recommended that undeveloped or partially developed public land should have suitable barriers and signs indicating a fifteen mile an hour. speed limit. They also felt barriers should be placed along Madonna ,Road and in the in- terior of Laguna Lake Park to protect the new trees soon.to be planted.. Wes Conner, Vice Chairman of the Park and Recreation Commission, urged the City Council to take strong action to protect the City park land from further damage from two and four wheel vehicles. Dr. Vance Lewis, resident of the Laguna Lake area, urged the City Council to take whatever means necessary to protect Laguna Lake Park from being com- pletely torn up by cycles. C. Dennis Hynes, Laguna Lake area, urged the City Council to accept the recommendation of the Park and Recreation Commission in order to save what was left of the Park. He hoped that the City Council would adopt strict rules to protect.all parks and open spaces in the City. R. D. Miller, Administrative Officer, reminded the City Council that the Park and Recreation Commission recommendation would prohibit vehicles on park land only, but not on the roads within the park. He further reminded the Council that in order to make these recommendations effective, funds would have to be budgeted for fences, barriers, etc. Don Cross, resident of the Laguna Lake.Area,.urged the City Council to take strong steps to protect the.City park. Burton Holley, Laguna Lake area resident, urged the City Council to adopt the recommendation of the Park and Recreation Commission in order to save the park and also to protect children and pedestrians using the park.. H. Johnson, City Attorney, suggested that rather than adopt new ordinances, that he be allowed to study the existing state motor vehicle laws and see if they applied to the park problem and also to see if the courts would support any tickets or citations issued. Councilman Blake questioned the recommendation of the Park and Recreation Commission requesting large expenditures of funds for fencing, barriers, etc. and no funds for developing an area for mini bikes. He felt that for the cost of the fencing something could be done toward a mini bike riding area. He suggested that a public hearing be held on the over -all recommendation of the Park and Recreation Commission. Councilman Miller did not feel that the City was providing a fully rounded recreation program for the citiznes of San Luis Obispo when they recommended the elimination of mini bikes from park land. He felt that many young people liked to do things for themselves, by themselves, and riding mi.ni bikes was one of the things they liked to do. He felt the City should present a fully diversified program for the youth of the City. He also felt that the City Council should hold a public hearing to consider the recommendation of the Park and Recreation-Commission. 1 iL � City Council Minutes April 5, 1971 Page 10 Councilman Graham stated he would not go along with'the recommendation'f.or fencing'.and placing barriers in Laguna Lake Park but he did agree that no vehicles should be allowed to drive through the unpaved park'.area. He felt that all that was necessary was the posting of signs to control the speed of the vehicles and indicate areas where they could not go. He felt the Police .Department should cooperate by citing violators in the park. Mayor Schwartz felt that the letter from the Park and Recreation Commission was very clear and that the recommendations were very concise., He also felt that the motor vehicles must be kept off the park land in order to retain the land for future development. He suggested that the City Council adopt the Park and Recration:.Commission's recommendation in principle as a guide and ask that the City Attorney study existing state.laws.and city ordinances.to see if they were adequate to protect the park and.if not, let him make recom- mendations for the adoption of an ordinance to do what the City Council desired. He asked the Park and Recreation Commission to submit a plan for the placement of the fences, barriers, etc. On motion of Mayor Schwartz, seconded by Councilman Spring, the foregoing recommendation was placed in motion: Motion carried on the following roll call vote:. AYES: Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: Donald Q. Miller, Emmons Blake ABSENT: None. Councilman Blake did not feel that theerecommendation of the Park and Recreation Commission made any provision for motorcycle riding but only prohibited the use ' of- City - lands -by- cyclists. 9:50 P. M. Mayor Schwartz called a recess. 10:00 P. M. the meeting reconvened with all Councilmen present. 12. Recommendation from the Mission Plaza subcommittee (Schwartz and Graham) that the City Council approve the retaining of John Ross and Associates to prepare necessary plans and specifications to restore the Murray Adobe in accordance with the preliminary plans already approved by the City Council, the cost not to exceed $750. The reason for recommending John Ross and Associates was Mr. Ross' background with the Historical Society.and his de- monstrated professional ability. R. D. Young, Planning Director,.stated that preliminary planning and discussions with the representatives of the Historical Society indicated.the. approximate cost of $10,000 for restoration of the Murray Adobe. On motion of Mayor Schwartz, seconded by Councilman Graham; that the recom- mendation of the subcommittee be approved. Motion carried. 13. Councilman Spring presented the following recommendation to the City Council on behalf of the Council subcommittee studying the.cooperation.with County Service Area No. 18 for sewer connection to San Luis Obispo. The Council Committee met Wednesday, March 17, with representatives from County Service Area :18 and from the County and City staffs to discuss a modification of the City's $10 per month offer to. provide sewer service in the event that residents in this service district do not annex.to the City. It appears that the majority of these residents do not wish to annex. Con- sidering the distance from the airport annexation to the Country Club, the firm opposition to an annexation on the part of Rolling Hills residents and the large City Council Minutes April 5, 1971 Page 11 size of the ranch parcels involved,.it may not.be possible.to annex the Country Club area in the near future, even if the majority of these residents did desire annexation. Considering the feelings of the .people in the area and the other factors in- volved, it was the feeling of the Committee that the City should give further consideration to its position regarding the setting of a sewer rate that is equivalent to the total combined City tax and sewer rate for residents within the City limits. We therefore recommend that the City Engineer be instructed to prepare a cal- culation reflecting true cost for collection and treatment of sewage, including factors for replacement and enlargement of the present facilities. Using.this as a base figure, the Council could then determine what figure it wished to add as an annexation incentive. Actually, however, we-feel that the ideal solution would be annexation at this time, and we have serious reservations about extending city facilities outside the City no matter what justifications are advanced. Councilman Graham, also a member of this subcommittee, concurred with the statement of Councilman Spring. D. F. Romero, City Engineer, reported on the time needed to compute the cost per property owner for sewer services. R. D. Miller, Administrative Officer, brought to the Council's attention the long standing policy of not extending City utilities to areas outside the City without some incentive to encourage annexation. He felt that a rate equiva- lent to what the tax payers paid in the City should be the minimum cost for sewer service outside the City. A. C. Smith, resident of Service Area No. 18, stated that if the City did not ' wish to serve the area, he felt the residents would refuse annexation to the City once they had their own system. D. F. Romero, City Engineer, commented on the ways this area could be annexed to the City. Councilman Spring felt that there should not be any extension of City services without annexation or at a rate higher than the one paid by residents of the City. Councilman Miller agreed with Councilman Spring's comments and was opposed to the City Council extending sewer and water services outside the City particu- larly at such a distance as the County Service Area No. 18. He pointed out that there were large areas within the City with inadequate sewer service and. he did not feel that City funds should be spent on non -City problems. A. C. Smith reminded the City Council that they were only aksing for the cost to treat the sewage as the property owners would pay for their own sewer lines and transmission lines to the treatment plant. Mayor Schwartz felt that due to the rules of the State Water Quality Control Board it was very difficult for small . areas such as Service Area No. 18 to develop waste water systems without connecting to a central sewage treatment plant. He agreed that an annexation incentive must be added to the sewer cost in order to make annexation a consideration of the property owners. He suggested a constantly increasing sewer rate which would increase the incen- tive for annexation. A. C. Smith urged the Council to give a definite answer so that the proponents of Service Area No. 18 might proceed with a sewer development for their area. The City Council asked the City Engineer to prepare an actual cost figure on sewage treatment without the annexation incentive which could and probably would be added by the Council. City Council Minutes April 5, 1971 Page 12 14. Communication from the Citizens' Advisory Committee notifying the City Council that a-group of citizens in the Meadow Park neighborhood had obtained a surplus building which was presently dismantled and in storage. The group wished to donate the building to the City for use as a community center in Meadow Park. The neighborhood group, with the cooperation of the Citizens' Advisory Committee, was preparing plans, specifications and cost estimates to bring the building to code.: They-are also searching out sources of revenue to finance and complete the work. The Citizens Advisory Committee stated they recognized that this was an interim measure but felt that use could be made of the building in the years until a final solution was arrived at. R. D. Young, Planning Director, stated that the present building did not meet City codes but that his department was cooperating with the Advisory Committee and the neighborhood group on this building. Councilman Miller suggested that the City Council support this proposal for a community center building in Meadow Park with a cash contribution for bringing the building to code as was done with the rifle range building on Prado Road. R. D.. Mi.11er, Administrative Officer, explained City participation in Meadow Park as follows: "What had started as a small play lot had expanded to a ten acre facility. Acquisition cost was $78,650 with the Federal Government paying half. Estimated cost of the first three phases-of development was $170,000 with the Federal Government so far agreeing to pay $25,000." Maxine Lewis, speaking for the neighborhood group, stated that the bui.iding was purchas'ed by the neighborhood committee for use in the community and she felt that the people in the area would help to put up the building and bring it up to code. She was sure that when it was completed, the City and the neighborhood would be proud of the results. Robert Newhart, Chairman of the Citizens Advisory Committee, felt that the City should cooperate with the neighborhood group with some financial support to help this building meet code. On motion of Councilman Graham, seconded by Councilman Miller, that the City Council approve the request to place the building in Meadow Park subject to the building being brought up to standard and that it be used as a temporary community center until a permanent building was constructed. Motion carried. 15. Communication from L. Schlobohm, Fire Chief, regarding the formation.of an appeals board on the fire protection code was continued. 16. D. F. Romero, City Engineer, presented the following report on the status.of the fencing agreement along the proposed creek channel improvement in the Tassajara Cerro Romauldo area. "We have contacted all property owners whose properties abut the proposed drainage channel improvements on the Cuesta Drive- Tassajara area. Of the 39 parcels in- volved, 32 have signed the fence agreement, 7 would not sign. Of these seven (7) three (3) already have an adequate rear yard fence; One (1) verbally agreed to reconstruct his nonconforming fence, but would not sign the agreement; two (2) owners have an adequate front yard fence, thereby providing some protection, and one (1) property has an incomplete rear yard fence. 1 In summary, it would appear that those properties which have not signed are fenced well enough to minimize hazards for small children. On this basis, I recommend.that the City proceed with the creek channel work as soon as the channel has dried to the extent:that construction work can be effectively carried out." The.City Engineer was authorized to proceed with the plans and specifications. City Council Minutes April 5, 1971 Page 13 17. D. F. Romero, City Engineer, presented plans and specifications for the following construction projects and explained the scope of the work to be:accom- plished.with each: A. Ramona Drive Sewer Extension - estimated cost $6,925.00 On motion of Councilman Miller, seconded by Councilman Spring; the plans and specifications were approved and the Engineer was authorized.to call for bids. Motion carried. B. Center Street Culvert - estimated cost $36,200.00 On motion of Councilman Spring, seconded by Councilman Miller, the plans and specifications were approved and the City Engineer was authorized to call.for bids. Motion carried: C. Sewer Syphons - estimated cost $21,000..00 On motion of Councilman Miller, seconded by Councilman Blake, the plans and specifications were approved and the City Engineer was authorized.to call for bids. Motion carried. D. Street Resurfacing, Hiquera, Madonna Road 8 Laurel Lane Estimated Cost $29,400.00.. On motion of Councilman Blake, seconded by Councilman Spring, the plans and specifications were approved and the City Engineer was authorized to callfor bids. Motion carried with Councilman Miller voting no. 18. D. F. Romero, City Engineer, presented the following report to the City Council on tentative assessment districts: "As directed by the City Council, the Public Works Department has prepared a .: . formal assessment district petition, together with relatively firm designs and cost estimates for street construction and curb, gutter and .sidewalk installation on the following traveled, but unimproved City streets: A. King Street between South and Branch Streets. B. Bond Street between Kentucky and Motley-Streets. C. Leff Street between Santa Rosa and Los Osos Streets. We were unable to obtain any signatures from property owners on King Street, signatures of 50% of owners on Bond Street, and .62.7% of owners on Leff Street. On the basis of past City Council policy, the Public Works Department requests permission to proceed with formal plans, specifications, assessment diagrams and the hiring of an assessment attorney for the Leff Street project." On motion of Mayor Schwartz, seconded by Councilman Miller, the City Engineer was authorized to proceed with formal plans, specifications.and assessment diagrams for a combined project for Bond and Leff Streets. Motion carried. 19. Council consideration of a resolution supporting Senate Bill 141, railroad grade separation projects was continued. 20. Council discussion of metters dealing with waste disposal was continued. 21. Council consideration of a resolution from the City of Monterey Park urging State and Federal legislation to provide all- encompassing and adequate_ disaster relief funds was continued. 22. The City Council considered communication from Councilman Miller urging that the City consider consolidation of the City and County library systems. City Council Minutes April 5, 1971 Page 14 He felt the benefits to both-would far outweigh the disadvantages. He felt there were more benefits in economy of staffing, etc. He hoped that the Council would seriously consider consolidation of the library systems. The City Council discussed the letter in general terms particularly in view of the "home rule" concept and loss of control by the local people. ' 23. D. F. Romero, City Engineer, briefed for the Council's information the. request for relief on the cost of sewer lines at 510 Hathway, Johnson Highlands Developers. Mr. Romero explained that the sewer lines fronting Mr. Blaser's property are in= adequate to handle full development upstream, considering the multiple uses which are developing. He explained that the City Council, a number of years ago, re- quired this supplement sewer line as a condition of a planned development or use permit at the time this property was rezoned for multiple residential use. Leonard Blaser, Johnson Highlands Developer, stated he felt that under the exist- ing conditions being required to install a duplicate sewer line in front of his property at 510 Hathway was unfair and he felt he was not being treated as had other developers in the community. He continued that no other developers had been required to place additional sewer lines in front.--,6f their property. He felt that adequate lines already existed and.his development.would not be over- loading the system. If any overload existed it was due to developments some distance from his property. He felt that it was unfair and wrong for the City to prohibit him from using the existing sewer line in front of his property for his apartment development. H. Johnson., City Attorney, explained that the conditions of the use permits and rezoning for planned development on this property at 510 Hathway had always in- cluded the requirement of additional sewer lines to serve the higher uses. He further pointed out that the developer had a period following the approval of such rezoning and use permits to appeal any condition which he felt was unreason- able but that such period had long since expired. Councilman Miller stated he agreed with the comments of L. Blaser in that this development had been treated unfairly by the City and the City should eliminate this requirement from the Planned Development. He continued that if the sewer line was needed it should be placed by the City. Councilman Blake felt that this was a question that had been settled several times with Mr. Blaser and he felt Mr. Blaser and other developers before him were aware of the condition in the planned development use permit to require additional sewer lines to serve the property. He felt the time to protest or object was at the time the condition was placed, not when all work had been completed. Mayor Schwartz stated his understanding was that in order for the neighborhood residents to withdraw their protests for the planned development, that the condition of the additional sewer line was placed in the use permit. The pro- tests were then withdrawn. He felt that City had made an agreement with the developer and the residents of the neighborhood and all understood this was a condition of approval. On motion of Councilman Miller, seconded by Councilman Graham, that the City allow Mr. Blaser to connect to the existing six inch sewer line on Hathway and be exempted from the requirement of placing an additional line. Motion lost on the following roll call vote: AYES: Donald Q. Miller, Myron Graham NOES: Emmons Blake, Arthur F. Spring, Kenneth E. Schwartz ABSENT: None City Council Minutes April 5, 1971 Page 15 24. Communication from La Fiesta Committee requesting the City Counci1.to grant a permit for the La Fiesta parade on Saturday, May 15 between the hours.of 9:00 A.M. and 12:00 Noon from Higuera and Marsh Streets, northeast to Johnson Avenue. They also requested permission to use Mission Plaza for La Fiesta activities. On motion of Councilman Blake, seocnded by Council.man Miller, the following resolution was introduced. RESOLUTION NO. 2177,.a resolution approving the closing of State Highway for La Fiesta.Parade. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None Qn motion of Councilman Blake, seconded by Councilman Miller, the request of La Fiesta Association for use of Mission Plaza for Fiesta activities was approved. The City Council adjourned the meeting to April 8, 1971 at 12:00 Noon. APPROVED: May 3, 1971 trick, City Clerk 1