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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. 1 �l 1 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. 1 I J 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