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
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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.
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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.
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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.
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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