HomeMy WebLinkAbout08/16/1971City Council Minutes
August 9;'1971
Page 5
C -2. Communication from Fire Chief Lee Schlobohm regarding a fire station
in the Laguna Lake area was referred to the meeting of September 7, 1971.
C -3. The Legislative Bulletin from the League of California Cities dated
August 5, 1971, was continued to the meeting of August 16, 1971'.
C -4. On motion of Councilman Brown, seconded by Councilman Graham,
Councilman Blake was authorized'to leave the state from August 21 through
August 28, 1971.
C -5. The City Council adjourned to executive session to discuss a personnel
matter.
C -6.. On motion of Councilman Blake, seconded by Councilman Brown, the
meeting adjourned.
APPROVED: September 7, 1971 �����- �s¢�
.� H F. ATRICK, CITY CLERK
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
AUGUST 16, 1971 - 7:00 P. M.
CITY HALL
Pledge
Roll Call
Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee,
Kenneth E. Schwartz'
City Staff
Present: R. Young, Planning Director; J. H. Fitzpatrick, City Clerk;
W. Flory, Director of Parks & Recreation; H. Johnson, City
Attorney; R. D. Miller, Administrative Officer; D. F. Romero,
City Engineer; E. P. Thompson, Water Director; E. L. Rodgers,
Police Chief; L. Schlobohm, Fire Chief.
Also Present: D. J. Van Harreveld, Chairman of the Parks & Recreation
Commission
C -1. Payment of claims against the City was authorized subject to approval by
the Administrative Officer.
C -2. R. D. Miller, Administrative Officer, presented the inventory of City
property as of July 15, 1971, . which was received and filed.
C -3. The City Clerk reported the following bids were received for the Waterline
Relocation, California Boulevard at Freeway 101, City Plan 19 -71. Bids were
opened August 16, 1971, at 10:00 A. M.:
City Council Minutes
August 16, 1971
Page 2
Jamieson Construction Co.
W. M..Lyles Co.
West Coast Construction Co.
W. G. Watkins
Granite Construction Co.
Engineer's Estimate
$10,260.00
$10,440.52
$11,668.50
$13,971.00
$15,460.50
$10,035.75 .
Councilman Blake questioned the fact that with the widening of California
Boulevard there were.no provisions to underground.the utilities as was
discussed at a prior meeting of the City Council. He hoped that.the City
would not proceed with this contract for the water line until the
Division of Highways made their connections underground.
Bud Hoffman, Pacific Gas and Electric representative, stated it was his
understanding that all utilities in this area would be placed underground
as part of the contract..
After this discussion, the contract was awarded to the lowest bidder,
Jamieson Construction Company of Santa Maria.
C -4. The City Clerk reported the following bids were received on the
construction and remodeling of Fire Station No. 1. Bids were opened
August 16, 1971 at 2:00 P. M.
La Freniere Construction Co. $69,300.00
Volny Construction'Co. $69,400.00
Bunnell Construction Co. $78,563.00
Walter J. Schmid $85,730.00
Architect's Estimate $55,800.00
R. L. Swett, architect, explained to the City Council that some of the cost
increase was caused by changes required by the City Building Department
when the plans were checked by them as the entire building had to be
brought up to code.
The contract was awarded to the lowest bidder, Wally LaFreniere Construction.
C -S.. The City;Clerk reported:the.following bids were received on the
South Tassajara Pipe Culvert, City Plan 3 -72. Bids were opened August 16,
1971 at 2:30 P. M.
W. M. Lyles $3995.00
R. Burke Corp. $5090.00
West Coast Construction $5900.00
Jamieson Construction $6200.00
Wesley G. Watkins $6794.00
Granite Construction $7345.00
Engineer's Estimate $3500.00
The contract was awarded to the low bidder, W. M. Lyles Company of
Santa Maria.
C -6. The City Council received an invitation to attend the annual
Mexican Independence Day Celebration add parade in Guadalupe on September 16,
1971. The City Clerk was asked to write to the La Fiesta Association to
see if they wished to represent the City of San Luis Obispo in the
celebration.
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City Council Minutes
August 16, 1971
Page 3
C -7. The Mayor was authorized to accept and record a deed, of easement
from Levi- Stinnett, Inc. for sewer easement in Tract 408 on behalf of the
City of San Luis Obispo.
C -8. A communication from the State Library requesting that all published
reports, general plans, and special reports from consultants be sent to the
State Library was referred to the.Department Heads for future compliance.
C -9. The City Council received a recommendation from the Design Review
Board regarding paint color selection for the Recreation Building. They
made the following recommendations:
1. Paint exterior:
Pittsburg paints #M -123 "Paffia" for walls _
if if #D -125 "01 ive Branch" for. trim
Dunn - Edwards "Weathered Brown" for concrete foundation
2. Remove chicken wire from windows.
3. Remove defunct sign hangers.
4. Relocate recreation sign to exterior of building.
5. Remove fiberglass awnings from Scout building.
6. Paint chimney.
After discussion, Item 2 of the recommendation was rejected. The chicken
wire was to remain on the windows but was to be painted as the wire was a
security measure for the building.
C -10. Communication from the Police Officers' Association regarding the
salary and benefit package granted for 1971/72 was received and filed.
C -11. The City Council approved the following salary step increases
effective September 1, 1971:
Bedford, Gerald - Janitor
From Step 2 or $512 to Step 3 or $538
Brown, Nancy - Typist Clerk II
From Step 3 or $512 to Step 4 or $538
Brown, Ronald - Police Officer
From Step 2 or $776 to Step 3 or $824
Ecklund, Jon 0. - Planning Technician
From Step 4 or $758 to Step 5 or $796
Gerety, Paul Patrick - Planning Assistant
From Step 3 or $868 to Step 4 or $918
' Koop, Milton G. - Water Supply Assistant
From Step 4 or $674 to Step 5 or $712
C -12. W. Flory, Director of Parks and Recreation, presented a proposed
park and recreation plan for the City of San Luis Obispo. The City Council
set a study session with the Park and Recreation Commission for
September 1, 1971.
City Council Minutes
August 16, 1971
Page 4
C -13. The City Council received a communication from the Chamber of
Commerce regarding acquisition of government land for recreational use
on Camp San Luis Obispo property.
The Planning Staff was asked to report to the Council. on the feasibility
of this proposal.
C -14. The City Council authorized use of sick leave in excess of five
days to Reed Sherman.
On motion of Councilman Graham, seconded by Councilman Brown, the consent
I
tems were approved as indicated. Motion carried.
1. On motion of Councilman Blake, seconded by Councilman Gurnee, the
following ordinance was introduced. Ordinance No. 530, an ordinance
levying a tax for the current 1971 -72 fiscal year upon all taxable property
within the City of San Luis Obispo and fixing the rate of such tax.
Passed to print on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
2. At this time the City Council considered the final passage of
ORDINANCE NO. 528, an ordinance accepting the deposits of successful
bidders for options to purchase parcels abutting the Highland Drive
extension and approving the sale of -such parcels to such prospective
purchasers subject to full compliance with all advertised terms and
conditions of sale.
H. Johnson,..City Attorney, suggested that the City Council not finally
pass this ordinance at this time but continue . it to the first meeting in
September so that it would be sixty days from the date of purchase.
The consideration was continued to September 7, .1971.
3. D. F. Romero, City Engineer, explained what the Division of Highways
was planning to consider at the public hearing to. be held on August 27,
1971, regarding the proposed addition or deletion of various routes of
the State Highway System as follows: He explained that the purpose of
the meeting was classification of State Highway routes, as related to
traffic function. Mr. Romero stated that in his opinion this was a pre-
liminary step to the possible relinquishment of Route 227 between Route 101
in Arroyo Grande and 101 in San Luis Obispo.
Mayor Schwartz suggested that the City Council take a position that it
requests the Division of Highways to retain State Route 227 from 101
Freeway in San Luis Obispo to Arroyo Grande in the State system.
Councilman Gurnee stated that he disagreed with the proposed reconstruction
and rerouting of 227 and objected to its effect on the environment in the
Edna Valley.
Councilman Graham felt that his concern with the routing of 227 was in its
proposed alignment in the vicinity of the airport.
City Council Minutes
August 16, 1971
Page 5
Mayor Schwartz stated that the consideration of Route 227 was,.at this time,
not the route, the location or the proposed construction, but only whether
the route should be maintained and kept under state control or whether it
should be turned over to the City and the County.
Councilman Brown stated that the matter was one of economics whether the
State through gas tax 'funds would continue to maintain Route 227 or whether
' the County and City would have to use their funds to maintain the Route
to Arroyo Grande.
Councilman Blake stated he felt he would like to hear how the Division of
Highways proposed to classifiy.Route 227 and after this had been settled,
to discuss at some future meeting with the Division of Highways represen-
tatives, the routing and development of Route 227.
The City Engiener was authorized to attend the Division of Highways meeting
and present the City Council's views that the State should retain Route 227
in the State Highway System.
4. Communication from D. Van Harreveld, Chairman of the Park and Recreation
Commission, requesting that the City Council not extend the present lease to
the City Housing Authority for its present quarters at 1445 Santa Rosa Street
beyond the expiration date of October 31, 1971. He continued that the Park
and Recreation Commission had twice unsuccessfully tried to have this
building turned over to them since the City had acquired it as they wished
to develop a senior citizens' center.
He. presented the following recommendations from the Park and Recreation
Commission:
1. That the present lease with the City Housing Authority not be
renewed.
2. That the Park and Recreation Department be given jurisdiction
of this building on October 31, 1971.
3. That $10,000 be allocated in this year's Capital Improvement
Program for rehabilitation of this building's interior.
4. That the leadership and maintenance required for this building
be submitted under next year's budget.
W. Flory, Director of Parks and Recreation, upon questioning, stated he
supported the appeal and recommendation of the Park and Recreation Commission
in asking the City Council to turn the City -owned building in Mitchell Park
over to the Recreation Department for development as a senior citizen's
center.
Dudley Winterhalder, Executive Director of the City Housing Authority, ex-
plained that the Housing Authority recognized the need for a senior citizens
center and wished to help the City develop the existing building in Mitchell
Park for a senior citizens center. He continued that the Housing Authority
had planned to be out of the building by October 27, 1971 but that the delay
had been caused by the County Housing Authority when it delayed so long in
transferring the County units on High Street to the City Authority. He
stated that 20.housing units,oan office and maintenance building would be
developed on the property. They expected to call for bids for construction
of this project on September 1, 1971, with construction hopefully to start
on October 1. The development would be completed in six to eight months.
and the Housing Authority asked thatrthe City Council allow this City
agency to stay in its present quarters until the new buildings were com-
pleted, otherwise it would cost the Housing Authority $2000 to $3000 for
rent, moving expenses, etc. for this short period of time.
Councilman Brown asked, if the Housing Authority moved out of the Mitchell
Park building, would space be available for their use in the Recreation
Building?
City Council Minutes
August 16, 1971
Page 6
W. Flory stated there was no space available but if ordered by the City
Council, space would be made available.
D. Winterhalder stated that if the City Council terminated the lease at
Mitchell Park, they would be most grateful for any space they could get.
William E. Murphy, president of the Senior Citizens' Association (355
members), felt that the C'ty Council should support the senior citizens
activities within the City. He continued that many other cities granted
thousands of dollars in support of senior citiznes' programs. He then
read a list of the more prominent senior members of the Association for
the Council's information. The Association requested that the City
Council turn the Mitchell Park building over. to the Park and Recreation
Department for a senior citizens' center.
Councilman Brown stated he hoped that the City Council could work with
the Housing Authority to locate adequate quarters until its new building
was ready and turn the Mitchell Park Building over to the senior citizens.
On motion of Councilman Graham, seconded by Councilman Brown, that the
City terminate the lease with the Housing Authority on October 31, 1971
and turn the building over to the Parks and Recreation Department for a
senior citizens center.
Councilman Brown hoped the City staff could work with the Housing Authority
to find adequate space in City facilities to help them out.
Councilman Blake felt that the Council should be careful and consider who
would be most inconvenienced by this termination of the lease, the Housing
Authority which was providing a valuable service to the City and its
citizens and which would move into its own facility in the near future
or the senior citizens group which presently did have a facility available
for their use even though they felt it was inadequate.
Councilman Gurnee felt the City should help the Housing Authority locate
adequate office spaces as the Authority did perform a valuable service "to
the City.
Mayor Schwartz agreed with the comments on the value of the Housing Authority
but felt that the City Council must consider that the time had come to move
ahead with the plans to turn the Mitchell Park building into a senior
citizens center.
Motion carried on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Mayor Schwartz
NOES: None
ABSENT: None
5. Report from the Park and Recreation Department on. the feasibility of
converting the building at Mitchell Park to a senior citizens center was
presented by W. Flory, Director of Parks and Recreation.
W. Flory estimated it would cost approximately $10,000 to remodel the
building for use as a senior citizens' center. This would include ac-
quisition of furniture, refurbishing of the kitchen, installation and
repair of doors, walls, lighting fixtures and painting plus other neces-
sary items to make the building usable by the senior citizens.
R. D. Miller, Administrative Officer, explained the budgeting problem in
supplying funds to develop the Mitchell Park building as follows: The
money would be available in the Capital Outlay Fund since there had been
several savings realized, notwithstanding the fact that a deficit situation
had been contrived in preparing the 1971/72 budget, projecting the fact
that not all budgeted items would be accomplished.
City Council Minutes
August 16, 1971
Page 7
Mayor Schwartz suggested that the conversion of the Mitchell Park building
be referred to the City staff to present the details and recommendations
to the City Council.
On motion of Councilman Graham, seconded by Councilman Gurnee, the follow-
ing resolution was introduced. RESOLUTION NO. 2224, a resolution increas-
ing the 1971/72 budget.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
6. Progress report on the box car project in Mitchell Park.
The City Council received a communication from D. P. Grant stating that
the Rail Road Club had just completed two coats of paint on the box car
in addition to wood work and repairs which had been completed and some
additional work was planned. He stated the group would be painting a
third coat on the box car on August 22 and the car would be numbered. He
stated his group was in contact with a company which might supply them
two sets of trucks for the box car'and once the 'trucks were received, the
car would be placed on tracks to restore it to its original condition.
On motion of Councilman Blake, seconded by Councilman Gurnee, that the .
Rail Road Club be allowed to leave the box car on City property as they
were taking steps to refurbish it.. Motion carried.
7. At this time the City Council held a public hearing on the recommen-
dation of the Planning Commission to rezone at 184 Prado Road from.R -1 AH
to C-H -S AH.
R. D. Young, Planning Director, presented the following recommendations of
the Planning Commission.
1. The General Plan proposes heavy commercial uses for the area in
which subject property is located.
2. Property to the north and west is zoned C -H and to the south and
east R -1, R -H and A -1.
3. The Commission was of the opinion C -H -S zoning on a parcel
450' x 330' on Prado Road would be appropriate since the parcel
has close access to the 'freeway; the property would not develop
as R -1 with heavy C -H uses across the street; the creek will
provide a natural buffer zone between the C -H -S and R -1 parcel.
The Commission was of the opinion the remainder of Lot 17 should
remain R -1 until the planning consultant has completed the new
General Plan.
Mayor Schwartz declared the public hearing open.
' Roland Madellena, realtor, stated he hoped that the Council would approve
the recommendation for rezoning. He stated both the property buyer and
seller were represented -at the meeting of the Council had any questions.
No one appeared before the City Council in opposition to the rezoning.
Robert Barrows, 870 Meinecke Street, felt that this was a good use of the
land in this area but hoped the City would protect the creek.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
August 16, 1971
Page 8
On motion of Council "man Blake, seconded by Councilman Gurnee, the following
ordinance was introduced. ORDINANCE NO. 529, an ordinance amending the
Official Zone Map of the City of San Luis Obispo. (To rezone 184 Prado
Road from R -1 to C -H -S AH.)
Passed to print on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
8. Continued discussion of the animal control agreement with Woods
Animal Shelter.
8A. Communication from the County of San Luis Obispo proposing a con-
solidated City and County animal control program.
8B. Communication from Woods Animal Shelter notifying the City of San
Luis Obispo, the County of San Luis Obispo and other cities in the
county that they were ceasing animal control as of August 16, 1971 due
to the lack of a contract with the governmental agencies.
R. D. Miller, Administrative Officer, presented the following alternative.
to service from the Woods Animal Shelter for the Council's consideration:
The City could possibly contract with a local veterinarian for all or
part of the needed service. If the vet were not interested in the patrol
and /or enforcement aspects, the City could take this'on with part -time
help and administer it through the finance director.
Mayor Schwartz reviewed actions
and the impasse which was caused
funds from.Woods Animal Shelter.
ted at the County called meeting
animal control within the City.
istrative Officer, be authorized
for a the City going it alone.
to date by the County and the six cities
in part by 'the increased request for
He suggested that the City be represen-
for Wednesday August 18, 1971, to discuss
He suggested that R. D. Miller, Admin-
to continue his studies of a program.
Robert Leitcher, member of the County Grand Jury, reminded the City
Council of the studies made by the Grand Jury regarding animal control
and hoped the cities and the County of San Luis Obispo would get to-
gether and continue a workable agreement to provide better animal control
at a lower cost.
R. D. Miller explained steps taken by the cities and the County of San
Luis Obispo in the last several months in attempting to work out an
equitable program for animal control with Woods Animal Shelter.
On motion of Councilman Brown, seconded by Councilman Gurnee, that the
City be represented at the County meeting on Wednesday, August 18 and also
that the Administrative Officer be authorized to continue his studies of
a program for the City to have its own animal control program. Motion
carried.
9. Communication from Councilman Gurnee requesting that the City Council
take a positive stand protesting the Attorney General's Advisory Opinion
70 -213 regarding the special residency requirements for 18 to 20 year -old
voters. He then read for the Council's information a resolution from
the Student Interim Committee at Cal Poly protesting the residency re-
quirement as outlined-in the Attorney General's Advisory Opinion 70 -213.
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City Council Minutes
August 16, 1971
Page 9
Councilman Gurnee urged the City Council to support the student appeal in
order to allow the 18 to 20 year -old voters to decide where they wanted to
vote and not necessarily vote in their parents' home location.
H. Johnson, City Attorney, presented for the Council's information a copy
of the Attorney General's Advisory Opinion 70 -213.
Councilman Blake reviewed the opinion of the Attorney General which con-
cluded that an unmarried minor whether student or otherwise, might register
to vote only at his legal residence of domicile which, pursuant to the pro-
visions of Section 224 of the Governmental Code, would normally be his
parents' home. He continued, stating he questioned the right of temporary
residents of any city or county voting on bond issues or other laws. and
regulations that they as voters would not be around to support or pay for.
He felt this was reflected in the Attorney General's opinion.
He also felt that the amendment to the United States Constitution only
granted the voting privilege to minors and not full rights and liabilities
of majority.
Councilman Brown felt that as a City Councilman, he could not question the
opinions of the Attorney General as this.was the duty and responsibility of
the courts. Further, he did not feel he had the legal expertise to question
the wording of the opinion although he did sympathize with the intention of
the resolution presented by Councilman Gurnee.
Councilman Graham felt that persons 18 to 20 years of age should be allowed
to vote in San Luis Obispo elections if they wished and he stated he would
support any Council movement to grant the vote in municipal elections.
Councilman Blake reminded the City Council that the Attorney General's
opinion was just his recap of existing laws and was not a new law. He
further understood there were a number of court cases in the California
courts involving the question of the Attorney General's opinion and he
felt the City Council should wait for a decision in these cases. .
Mayor Schwartz stated he would not object to granting the vote in all
elections to 18 to 20 year -old citizens as he felt they were well educated
and responsible. He did feel the route taken by the young people was wrong
in attacking the Attorney General's opinion as the opinion was only a com-
pilation interpretation of existing laws. He thought the action which
should be taken was to have the State law changed to reduce the age of
majority to 18 years of age and grant all rights of citizenship to 18 year -
old citizens.
H. Johnson, City Attorney, then read a section from the Attorney General's
opinion: Section 244.d of the Government Code:
"The residence of the father during his life, and after his death the
residence of the mother, while she remains unmarried, is the residence of
the unmarried minor child, provided that when the parents are separated,
the residence of the parent with whom an unmarried child maintains his
place of abode is the residence of such unmarried minor child."
Al Anderson, Cal Poly student, urged the City Council to support the
student resolution in favor of granting the local vote to students living
in San Luis Obispo as he stated he had lived in San Luis Obispo for three
years and was much more interested'in San Luis Obispo's politics than
those of his "home" town where his parents live.
H. Johnson, City Attorney; then explained what was meant by "advisory
opinion." Since the opinion was rendered to an official of a local agency,
the opinion could in no way be binding on such agency - hence it must be
considered an "advisory opinion ". Actually, except for opinions that are
rendered to officials of state agencies, all opinions of the Attorney
General are advisory. In some instances, court decisions have overruled
such opinions but until such a court decision, the opinion generally has
great weight.
City Council Minutes
August 16, 1971
Page 10
Lee Barr, Cal Poly student, stated that although he was over 21,.he ob-
jected to the fact that a person under 21 could not vote where he wished
which he felt was absurd as they were allowed to vote where their parents
lived.
Mayor Schwartz stated that he did not believe the City could change the
residency laws of the State of California but felt he would support action
to lower the age of majority to 18 years of age in California.
Richard Berser felt the City'Council should support some action to allow
18, 19 and 20 year olds to indicate their choice of residence.
Pete Evans, student body president at Cal Poly, stated that all student
body presidents in California State Colleges were opposed to the Attorney
General's opinion and he hoped that the City Council would take some action
in support of the resolution of the Cal Poly student body.
Del Walston hoped that the City Council would support the request of the
student body to oppose the Attorney General's opinion.
Councilman Gurnee again urged the City Council to join with the American
Civil Liberties Union in its efforts to reverse the Attorney General's
opinion.
Councilman Blake stated he would not support the resolution as presented
but would support action by the City Council to encourage amendments of
State laws to lower the age of majority to 18 with all this action entailed.
Councilman Brown felt the City Council should operate within the existing
laws but if the Council wished to lower the age of majority to 18, he
would support the action.
Councilman Graham felt the Council should support the resolution pre-
sented by the students and that he personally opposed the Attorney
General's opinion. He again stated he felt the Council should support
the request. He hoped that the matter could be continued and a new
resolution regarding.changing the age of majority could be prepared.
Councilman Gurnee felt that he would be willing to amend the resolution
and make it more palatable to his fellow Councilmen.
Mayor Schwartz felt from the comments of the City Council members that
they were basically in sympathy with the students' resolution but were
opposed to the wording objecting to the Attorney General's opinion. He
felt the problem was in the style of the wording and suggested that the
solution might be for the Cal Poly student body officers to restudy pre-
sent legislation and then ask the City Council to support legislative
action to lower the age of maturity not only for voting and residency
requirements but in all matters.
Pete Evans questioned the Council in not supporting the student resolution
and again stated he questioned the value of the Attorney General's opinion.
Carol Beaudine asked what would happen if the age of majority were not
lowered to 18.
She was informed that as far as voting was concerned this matter was the
subject of several court appeals at this time.
On motion of Councilman Gurnee, seconded by Councilman Graham, the City
Attorney was requested to prepare a sample resolution to the State Legis-
lature supporting action lowering the age of majority to 18 years of age
or a sample resolution requesting amendments of the residency require-
ments in the Governmental Code. Motion carried.
Councilman Gurnee left the meeting at 10:20 P. M.
City Council Minutes
August 16, 1971
Page 11
10. D. F. Romero, City Engineer, presented for the Council's consider -.
ation the final acceptance of Tract 408, Lynne Development Company. He
reported that all off -site improvements had been completed and met the
requirements of the subdivision agreement. He recommended that the City
Council accept Tract 408 for maintenance.
On motion of Councilman Blake, seconded by Councilman Brown, the following
reoslution was introduced. RESOLUTION NO. 2226, a resolution accepting
the off -site improvements in Tract 408.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
NOES: None
ABSENT: T. Keith Gurnee
Councilman Gurnee returned to the meeting at 10:25 P. M.
11. D. F. Romero, City Engineer, presented for the Council's consideration
the final map of Tract 405. He noted that the final map and the construction
plans for this tract had not been completed or approved but they were sub-
stantially in completion and he urged the Council to adopt them subject to
the following special conditions of the subdivision agreement:
1. The Developer shall deposit with the City the sum of $3865.75 (11.045
net acres @ $350 /acre) connection fee to the City water system.
2. Developer shall deposit with the City the sum of $3797.73 ($1 per
' foot of street frontage) for City planting and maintenance of
street trees.
3. Gunite lining and enclosure of the storm drainage across Lots 13
thru 19.is waived.
4. It is mutually agreed that grading permit fees shall be deposited
with and considered as normal inspection fees.
5. Provide easement for water line.
The City-Council received a communication.from the Fire Department reminding
the City Council that as part of the approval of Tract 405 that a fire
hydrant should be installed at the intersection of Patricia and Clover
Drive which was deleted from Tract 223 due to no 8" supply main available
at the intersection at that time. The letter stated it had been mutually
agreed at that time that the hydrant would be place when an 8" water main
was installed in this portion of Clover Drive.
A. Volny, developer of .Tract 405, wished to discuss the following items
with the City Council:
Item #1 of the Agreement dated August 16, 1971 states:
"The Developer shall deposit with the City the sum of $3865.75
(11.045 net ac. @ $350 /ac) connection fee to the City water
system."
A. Volny asked for a delay in connection fees until the actual water meter
sets were made for each lot.
Price Thompson, Water Director, stated that if the Council allowed a
deviation from the existing ordinance requirements for payment upon ap-
proval of. the fi.nal map, this would.set a precedent for other developers
and they would only pay the fee when connection was made to the City water
system.
Councilman Blake agreed with the request of the developer as he was not
asking for a cancellation of water fees but just a delay until the water
was actually needed to serve the property.
City Council Minutes
August 16, 1971
Page 12
Councilman Brown agreed with Mr. Thompson regarding immediate deposit
with the final map unless the City Council was willing to change the
existing policy for all developers.
A. Volny, Developer, stated he wished to remind the Council he was not
asking for an exception to the water fees but =a delay in the payment.
H..Johnson, City Attorney, read the provisions of Section 7410.5.1 of. the
Municipal Code regarding payment of.these deposits: "In addition to the
charges set forth in Section 7410.5, acreage and distribution charges for
water connections shall be determined, and may, from time to time, be
amended by resolution of the Council of the City of San Luis Obispo and
such charges shall be payable in advance upon connection to the water
system."
D.-F. Romero, City Engineer, explained that the Council had consistently
required subdividers to pay the water acreage fee at the time of recording
of the final map. Collection of these fees during construction creates a
difficult administrative burden for the staff.
On motion of Councilman Blakey seconded by Councilman Brown, that the City
Council recognize the unusual extension of water mains to serve this sub-
division, approve the request to pay the acreage fee for water at the time
each lot was connected to the water system with full payment to be made
within 18 months. Motion carried.
Item #2 of the Agreement dated August 16, 1971 states:
"Developer shall deposit with.the City.the sum of $3797.73 ($1 per foot
of street frontage) for City planting.and maintenance of street trees."
The developer disagreed with.this charge as he had estimates for lower
costs to plant this tract. He also suggested bare root trees could be
used for much less cost.
It was the consensus of the Council that this request be denied and the
usual $1 per foot deposit be required.for the tree planting.
The devellaper's third request was as follows:
"The City Building Department.wilI not issue building permits until final
acceptance of any tract. As we wish to have few marketable homes ready
for sale upon the completion of this development, is it possible to issue
some building permits before final, acceptance ?"
D. F. Romero, City Engineer, explained that the.City policy.regarding
issuance of building permits permitted start of construction after recor-
dation of the final map, but.would not.allow occupancy until curb,.gutter
and sidewalk and adequate water, sewer and gas service had been provided,
as well as streets graded and based to provide all- weather access.
Council consensus was to deny the request as it only applied to the period
prior to the filing of the final map.
The Council decided the.f.ire hydrant at Patricia and Clover Drives should
not be required as it would be unfair to require the developer of Tract
405 to place a fire hydrant beyond the limits of his development.
A. Volny questioned the need of the additional 20.foot easement to connect
to the water main to Tract 404. He stated there was already an existing
10 foot easement for the gas main and that if he must grant additional
easement for the water main, a thirty (30) foot easement would exist which
he felt was excessive.
Price Thompson, Water Director, explained the reason for requiring the ad-
ditional 20 feet for the easement for the water line as he wished to keep
the water line away from any possible conflict with the gas main in the
adjacent easement because if either the water or gas main were to break,
the repair crews could easily damage the adjacent line. Also he stated
that in many cases the various pipe lines did not fall in the center of
their easements and would be susceptible to damage.
City Council Minutes
August 16, 1971
Page 13
After discussion, the City Council determined that the property owner,
developer and the Director of Water Services should work out a proper
easement for all parties concerned.
On motion of Councilman Graham, seconded by Councilman Brown, the follow-
ing resolution was introduced. RESOLUTION NO. 2228, a resolution approving
the final map of Tract 405.
Passed "and adopted on the following roll call vote:
AYES: Councilmen Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Mayor Kenneth E. Schwartz
NOES: None
ABSENT: None
12. D. F. Romero, City Engineer, presented a request from the.developer
of Tract 400, El Camino Estates to deposit only one -half the normal inspec-
tion fees at this time with the additional fees to be collected at a later
date if needed. D. F. Romero continued that the City Council had granted
this request in the past and he had no objections to receiving only one -
half of the fees at this time.
On motion of Councilman Graham, seconded by Councilman Gurnee, that the
request be approved. Motion carried.
13. Report from the City Engineer on the average monthly cost per household
for sewage treatment and collection was.continued to the meeting of
September.7, 1971.
14. Continuation of the discussion of purchase of the property adjacent
to the City sewer plant for future expansion.of the facility as offered
by Ron Benzer..
D. F. Romero, City Engineer, presented a map showing the properties under
consideration with a total acreage of 5.688 acres of which 3.06 acres is
flat or usable land and 2.62 acres were in the creek.
H. Johnson, City Attorney, briefed the appraisal by the City's appraiser
as follows: The appraiser concluded that 1.94 acres of the parcel south
of the land sold.to Cal Motors was useable and valued it at $15,326.00.
He decided that only 1.12 acres of the parcel at the most westerly corner
of.Assessor's Parcel Number 53- 051 717 was useable and.valued said.property
at $8,848.00. His total valuation for both parcels.offered was, therefore,
$24,200.00.
H. Johnson stated that Ron Benzer, the property owner, had asked $39,760
or $7,000 per acre for the 5.68 acres.
R. Benzer stated he felt that the City appraiser was in error in placing
zero value on the creek.property as he felt the creek had.some value
particularly in view of the Council and Planning Commission's feeling of
keeping the creek in its natural state. He continued that if the City
Council.really felt the creek had no value, he should be allowed to
cover . it or improve the creek in order.to make it valuable. He offered
that the City purchase the 2.82 acres :in the triangel and the 1.94.flat
acreage behind the Cal Motor Express parcel at $7,000 per acre and
stated he would keep the balance of the creek and see what he could. do
to improve it. This would be at a.cost of $33,220.
City Council Minutes
August 16, 1971
Page 14
After further discussion by the Council, it was moved by Councilman Graham,
seconded by Councilman Blake, that the City purchase the parcel immediatley
south of the Cal Motors parcel on the map at $7,900 per acre for the 1.94
acres at $15,326 to include a ten foot easement for Benzer's access to the
sewer and that the City reject the balance of the property.
Motion carried.
15. Traffic Committee Report of August 5, 1971.
71 -8 -1T. The Traffic Committee has received a request from the Farmer
Brothers Coffee Company for a loading zone in front of their establishment
at 1531 Monterey to accommodate large truck deliveries twice a month. As
an alternate suggestion, we recommend that the Company be authorized to
put out no parking signs the night before, providing that the wording and
design of the signs are approved by the City and the cost paid for by the
coffee company.
The Council approved the recommendation.
71 -8 -2T. Some time ago the Traffic Committee received a request for
stop signs at Johnson and Peach. Traffic counts have been made which
indicate a greater flow on Johnson than on Peach. It is therefore
recommended that stop signs be place on Peach at Johnson. It is felt
that some protection will be needed shortly, expecially with the
imminent completion of the state employees':association credit union
building.
71 -8 -3T. The Traffic Committee has received a request for signs
reading "No stopping at any time between signs" or words to this effect
on the west side of Osos between the 101 freeway and Olive Street and on
the north side of Olive between Osos and Santa Rosa Street. While the
Traffic Committee does not agree with the businessmen in this area that
this will eliminate the practice of picking up and discharging hitchhikers,
we feel that it will clean up the area by eliminating the need for double -
parking to accommodate the hitchhikers thus relieving much of the present
confusion and congestion. The basic problem is that the hitchhikers exist
and are not about to disappear. We suggest a six month trial for the
above described plan.
71 -8 -5T. With the imminent development of the northwest corner of Madonna
Road and the Madonna Inn entrance road, the Traffic Committee recommends
that the Council pass a resolution authorizing the installation of•red
curbing extending from the entrance road to the driveway ramp leading into
the Vagabond Motel coffee shop, a distance of approximately 1201.'.This
red zone was previously approved by the Council in connection with its
approval of the state installed and paid for traffic signals, but specific
authorization by resolution was never given.
71 -8 -6T. With the opening of the new retail meat market operation by
Berkemeyer's near the corner of Higuera and South Streets, they have
requested that the present two hour parking zone be changed to a shorter
time restriction. We concur and recommend that the curbing on the north
side of South Street between Higuera and Parker be designated as 36.minute
time limit parking and that we continue to prohibit all parking between
the hours of 3 and 5 A.M.
On motion of Mayor Schwartz, seconded by Councilman Blake, the following
resolution was introduced. RESOLUTION.NO. 2227, a resolution establishing
stop signs on Peach Street; no parking zones on Olive Street, Osos Street
and Madonna Road; and time limit parking on South Street.
Passed and adopted on the following roll call vote:
1
1
1
City Council Minutes
August 16, 1971
Page 15
AYES: Emmons Blake, John C. Brown, T. Keith Gurnee,
Kenneth E. Schwartz
NOES: Myron Graham
ABSENT: None
' 71 -8 -4C. The Traffic'Committee has taken another look at the proposal
to restrict parking on the east side of Santa Rosa between Palm and Walnut.
You will recall that the Chamber of Commerce originally made the request
that this be done between the hours of 4 and 6 p.m., Sundays and Holidays
excepted. Following a hearing on this matter held on June 21, 1971, . during
which it was pointed out that a hardship would be created for the grocery
store at the corner of Mill and Santa Rosa, the Council decided to refer
this matter back to the Traffic Committee for further study and ,a look
at the entire intersection. From a traffic engineering standpoint, it
would appear to be desirable to restrict all parking on the east side of
Santa Rosa and on both sides of Mill east of Santa Rosa for some distance.
However, the Traffic Committee feels that some type of compromise would
be in order. The primary concern is the elimination of parking on Santa
Rosa and we recommend that this apply at all times. If the proprietor
of the grocery store has some type of reasonable request to make to
accommodate his customers and suppliers from Mill Street, we believe his
thoughts should be taken into consideration. We therefore suggest that
another hearing be scheduled, to cover the elimination of all parking on
the ease side of Santa Rosa between Palm and Walnut with the exception
of already widened portions, and to hear suggestions for Mill Street.
Earle Bjorklund, Santa Rosa Market, objected to the proposal to eliminate
parking on the east side of Santa Rosa Street as he felt this would put
him out of business without any recourse. He suggested that the Council
' consider taking parking off the west side of Santa Rosa and then allow
two lanes of traffic each way with one parking lane on the east side
that had not yet been widened. This way the traffic lanes would in-
crease and the property owners on the west side of the street did have
off - street parking.
The matter was set for public hearing on September 7, 1971.
71 -8 -7T. The Knights of Columbus have asked for permission to block off
Broad Street between Palm and Monterey and Monterey between North Broad
and South Broad from early evening Friday, September 10, to the evening
of Saturday, September 11, to accommodate their barbecue heralding the
opening of the City's year -long bicentennial celebration. The barbeque
will be held on Saturday afternoon, September 11. The Knights of
Columbus would plan on putting up and taking down the City provided
barricades and also contacting the residents on Broad Street to see
whether or not they had any objection. We recommend, approval.
On motion of Mayor Schwartz, seconded by Councilman Blake, the request
of the Knights of Columbus was approved. Motion carried.
The following items were continued for further consideration by the
Traffic Committee:
(1) Suggestion of property owners and /or businessmen on Higuera Street
for new one -way street pair south of Marsh Street. Our preliminary reaction
is decidedly negative because of the cost factors and the almost impossible
traffic situations which we feel would be generated near High, Higuera,
Pismo, Walker and Parker and at the intersection of the new northbound
roadway with Pacific and Higuera. Among other things, we wish to study
the possibility of installing red zones along both.sides of Higuera be-
tween Marsh and High. This move has proven to be quite successful south
of High, be we realize that most of the businesses in that area have
some type of off - street parking.
City Council Minutes
August 16, 1971
Page 16
(2) Request of Judson Terrace for a yellow loading zone in front of
their main entrance and parking lot.
16. D. F. Romero, City Engineer, presented plans and specifications
for the construction of improvements for Parking Lot No. 12 at the
corner of Nipomo and Higuera Streets at an estimated cost of $37,000.
He also presented the recommendations of the Design Review Board ,
calling for numerous changes in the basic design. He stated that, in
his opinion, lowering of the lot as recommended would subsequently
increase the cost and would make the Higuera Street driveway very
difficult to use. He also felt that a significant change in the design
at this time would delay the project until next summer.
On motion of Councilman Graham, seconded by Mayor Schwartz, the plans
and specifications were approved and the City Engineer was authorized
to call for bids. Motion carried with Councilman Blake voting no.
17. Communication from Councilman Gurnee proposing a ban of creek
channelization was continued to September 7, 1971 at the request of
Councilman Gurnee due to the lateness of the hour.
18. Resolution from the City of Monterey Park supporting Senate Bill 51
regarding automobile repair dealers was ordered received and filed.
19. Legislative Bulletin of the League of California Cities dated
August 5, 1971 was received and filed.
Councilman Gurnee left the meeting at 12:20 A.M. August 17, 1971. ,
20. Gerald Taylor, representing the Morning Kiwanis Club, stated the
club as a public service project, wished to place and maintain two
bicycle racks in the downtown area to be placed where the City Council
wished. They hoped that two parking spaces could be granted for this
purpose.
The City Council accepted the offer and referred the matter to the
Traffic Committee for location of the racks and to the Design Review
Board for design, color, etc.
21. The City Council discussed the matter of the ads in the Telegram
Tribune for renting or. leasing apartments to four or more students which
was in direct violation of the City zoning ordinance. The Council re-
quested that the Planning and Building Department write a letter to the
various realty boards explaining the conditions of the zoning ordinance
and also requested that they place an ad in the Telegram Tribune in the
rental section with this information.
22. The City Council adjourned to executive session to discuss a
personnel matter. ,
23. On motion of Councilman Blake, seconded by Councilman Brown, the
meeting adjourned to Wednesday, August 18, 1971 at 12:10 P.M.
APPROVED: September 7, 1971
FITZPATRICK, CITY CLERK