HomeMy WebLinkAbout08/07/19721
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
August 7, 1972 - 7:00 P. M.
City Hall
Pledge
Roll Call
Present: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
Absent: T. Keith Gurnee
City Staff
Present: J. H. Fitzpatrick, City Clerk; W. Flory, Park
and Recreation Director; R. D. Miller,
Administrative Officer; R. A. Paul, Water
Director; E. L. Rodgers, Police Chief;
D. F. Romero, City Engineer; R. D. Young,
Planning Director.
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C -1. The City Council authorized payment of claims against the City
subject to approval of the Administrative Officer.
C -2. The City Council approved the minutes of June 19, July 3 and
July 6, 1972 meetings.
C -3. The following contract payments were approved:
R. Baker Construction Co. Est. #1 $16,143.31
Sewerline, Palm Street &
Santa Rosa Street
City Plan 21 -72
R. Baker Construction Co.
Est. #1
$23,612.40
Waterline Improvements
City Plan 28 -72
Dennis Landscape Company
Est. #2
$
6,161.23
Street Tree Planting
Est. #3 (Final)
$
1,215.47
City Plan 23 -72
Change Order #1
$
209.70
Cully Manufacturing Co.
Est. #2
$
2,205.00
Sign Mounts
City Plan 17 -72
Madonna Construction Co.
Est. #1
$11,234.70
Mission Plaza Dev.,Phase 3
City Plan 9 -72
Walter brothers Construction
Est. ,, #1
$
2,712.37
Johnson Avenue Widening,SS151
City Plan 25 -72
Walter Brothers Construction
Est. #3
$
3,468.53
Laguna Lake Park Dev.
Change Order #1
$
140.02
Phase 2
Change Order #2
$
501.90
City Plan 23 -71
W. G. Watkins Est. #2 $ 67885.90
Monterey St. Storm Drain
City Plan 21 -72
Ci.ty Council Minutes
August 7, 1972
Page 2
C -4, C -5, & C -6. R. D. Miller, Administrative Officer, announced
the following promotions:
Ellis Berliner to the position of Fire Engineer
effective August 1, 1972 at Step 4 or $910 /month.
Winston Morrissey to the rank of Lieutenant in the
Police Dept. effective August 1, 1972 at Step 4 or
$1130 /month.
He then announced the following appointments:
Anthony R. Oliveira to the position of Maintenance Man II
in the Water Department effective August 1, 1972 at Step 1
or $602 /month, subject to a one year probationary period.
Philip Doyle to the position of Building Inspector
beginning August 16, 1972 at Step 1 or $774 /month
subject to a one year probationary period.
Merlyn Van to the position of Mechanic effective
September 1, 1972 at Step 1 or $674 /month subject
to a one year probationary period.
C -7. A claim against the City for death of a tree when chemicals
backed up from Model Linen Supply through the sewer system into the
yard of Rev. William R. Erwin at 171 Brook Street, was referred to
the insurance carrier.
C -8. A claim against the City for injuries to Deborah Faye Francis
when her bicycle went into a drain on Higuera STreet was referred to
the insurance carrier.
C -9. A claim against the City on behalf of De Von Werlhoff for
injuries sustained in a fall near the Presbyterian Church on Marsh
Street was referred to the insurance carrier.
C -10. Mike Devin, Attorney, spoke on behalf of his client, William
W. Lorz, and their request to file a late claim for injuries sustained
in a fall on Mitchell Drive.
The City Clerk stated the insurance carrier urged the Council not to
authorize the filing of a late claim.
On motion of Councilman Blake, seconded by Councilman Graham, the
matter was continued to August 21, 1972, when the City Attorney would
be present.
C -11. The City Council approved the request of the Parks Department
to call for bids for Street Tree Planting, Tract 408. Amount deposited
is $1440; estimated cost, $980; leaving $460 for maintenance.
C -12. The Mayor was authorized to sign an agreement for a waterline
easement throught the Dalidio property near Highway 101 & Calle Joaquin
C -13. The City Council received a letter from San Luis Obispo Coastal
Unified School District urging the City to proceed with the sidewalk
installation near Lizzie Street and Johnson Avenue.
The City Clerk was instructed to notify the School District that the
City would soon receive final appraisal reports and should be moving
ahead more rapidly from that point.
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City Council Minutes
August 7, 1972
Page 3
C -14. The City Council received notification from Cal Poly that funds
are available for their portion of the construction of a new entrance
to the University and requesting resumption of the discussion of this
joint project.
The matter was continued for further discussion.
C -15. A request from Mandala School for permission to hold a
children's fair in Mission Plaza on September 9, 1972, was continued
to August 14 to see if arrangements could be worked out with the
Bicentennial Committee.
C -16. A communication from the Chamber of Commerce regarding their
Christmas Lighting Program and urging the City's participation by
lighting the parking lot trees, was approved in principal and was
referred to the Promotional Coordinating Committee and Design Review
Board to review and work out details. Item would be budgeted from
Promotional funds.
C -17. The Council requested the City Engineer to report on the
acceptance of Tract 412 on August 21, 1972.
C -18. On Motion of Councilman Brown, seconded by Councilman Graham,
RESOLUTION NO. 2363, a resolution of the Council of the City of San Luis
Obispo amending Resolution No. 2341 to provide for reservation of
easements in connection with the abandonment of a portion of Leland
Terrace, was introduced.
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
C -19. The City Council approved the request of the City Engineer for
supplemental appropriations to provide roll -over protection devices for
City equipment as required by the State - Safety Inspector. The money
would come from the Motor Vehicle Account and would be replenished if
necessary.
On motion of Councilman Brown, seconded by Councilman Graham, the
consent items were approved as indicated. Motion carried.
1. At this time the City Council considered the final passage of
ORDINANCE NO. 556, an ordinance rezoning property located at the south-
west corner of Prado Road and South Higuera Street from R -1AH to C -H AH.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
August 7, 1972
Page 4
On motion of Councilman Blake, seconded by Councilman Graham, the
following ordinance was introduced: ORDINANCE NO. 556, en::ordinance
amending the Official Zone Map of the City of San Luis Obispo.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
NOES: None
ABSENT: T. Keith Gurnee
2. At this time the City Council considered the final passage of
ORDINANCE NO. 557, an ordinance rezoning property at 1423 Calle
Joaquin from R -C to C -H -S.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Moor Schwartz declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Blake, the
following ordinance was introduced: ORDINANCE NO. 557,.an ordinance
amending the Official Zone Map of the City of San Luis Obispo.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
NOES: None �I
ABSENT: T. Keith Gurnee
3. At this time the City Council considered the final passage of
ORDINANCE NO. 558, an ordinance-adding Section'7330.6.1 to the Municipal
Code of the City of San Luis Obispo and providing exceptions for certain
driveways.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mavor Schwartz declared the public hearing closed.
On motion of Councilman Blake, seconded by Councilman Brown, the
following ordinance was introduced: ORDINANCE NO. 558, and ordinance
adding Section 7330.6.1 to the Municipal Code of the City of San Luis
Obispo and providing exceptions for certain driveways.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
NOES: None
ABSENT: T. Keith Gurnee
4. At this time the City Council held a public hearing on the
recommendation of the Traffic Committee to red curb Johnson Avenue
near Lizzie Street when the new traffic signal is installed.
City Council Minutes
August 7, 1972
Page 5
D. F. Romero, City Engineer, explained that the proposed red zones would
allow for two through lanes of traffic in each direction, and left turn
pockets head -to -head on Johnson Avenue. He explained that the red
zoning was the minimum that he felt would provide for satisfactory
traffic movements, and that reduction in the red zones would cause
channelization which was uncomfortable for the motorists and would
. reduce the amount of storage for left turn movement, thereby creating
unnecessary congestion in the street.
Mayor Schwartz declared•'the public hearing open.
Bill Washburn, 1760 Johnson Avenue, objected to the City's proposal on
the basis that if the red zone was placed in front of his home, visitors
would have to park a block away which meant that no one would visit him
as his mother was elderly and so were her friends.
Charles Gates, 1738 Johnson Avenue, objected to the City's proposal as
he felt this parking restriction would kill the properties for resi-
dential purposes. He felt that no one would visit his home as there
would be no parking available within a block and he felt this was an
unfair imposition. He also reminded the City Council that when he
give his land for street widening that the reason was the widening was
needed to give two lanes of traffic each way and a parking lane. He
stated he signed the agreement on this basis and not only did the City
take his land, they were now taking away his right to park in front of
his home.
Flossie Lund, 1739 Johnson Avenue, objected to the proposal due to the
lack of parking which would be available for visitors or friends. She
felt this was unfair when they had lived in this area for such a long
time.
Jerry Campbell, representing Mary McQuaid, 1746 Johnson Avenue, objected
to the City's proposal as there would be no parking in front of his
aunt's home for visitors and he felt this was unfair to people who have
lived in the area for such a long time.
Mayor Schwartz declared the public hearing closed.
D. F. Romero, City Engineer, presented several alternative proposals to
the City Counnil for red zoning, although he felt the proposals were
more hazardous when compared to the recommendation under discussion.
Councilman Graham was opposed to red curbing in general and felt that
other alternatives should first be investigated to facilitate traffic
as he did not feel the red zone proposal was the.answer.
Councilman Brown felt that with the installation of traffic lights in
the near future, that narrow traffic lanes should first be tried to
see how they would work as they would still allow curb parking.
Councilman Graham agreed with Mr. Brown stating that the City Council
should first try the narrow traffic lanes rather than the red zone
restrictions and see if the plan worked after the signals were installed.
Mayor Schwartz presented an alternative proposal which would help to
temper the objections of the residents.
On motion of Councilman Blake, seconded by Councilman Brown, that the
City Council disallow the protest and start the red zone at 1739 Johnson
Avenue, allowing one parking space and at 1746 Johnson Avenue, allowing
one parking space with the balance of the curb to be red zoned in
accordance with the proposal.
City Council Minutes
August 7, 1972
Page 6
On motion of Councilman Blake, seconded by Councilman Brown,
RESOLUTION NO. 2361, a resolution establishing red zones on Johnson
Avenue, was introduced.
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
5. At this time the City Council held a public hearing on the
recommendation of the Traffic Committee to extend the no parking zone
in the unnamed alley behind Longview Lane.
D. F. Romero, City Engineer, explained the recommendation of the
Traffic Committee stating that the study was made at the request of
a property owner along the alley. Mr. Romero further explained that
the Traffic Committee had no strong feelings regarding the parking
restrictions in this alley, and.were willing to establish whatever
parking restrictions were desired by people in the neighborhood.
A communication from Clarence Brown stated he would support the
recommendation of the Traffic Committee to prohibit parking through-
out the unnamed alley.
A communication from George Dunklee supported the Traffic Committee
proposal.
Mayor Schwartz declared the public hearing open. 1
Glen Rich, 221 Longview Lane stated he was the individual who requested
the extension of limited parking in the alley behind Longvie Lane. He
stated his intention was only to limit the red zone in the vicinity of
the curve where the alley is so narrow and the banks of both sides are
steep. He was considering something in the magnitude of 100 feet.
John Evans, 271 Longview Lane, agreed that the request for limited
parking was not for the balance of the alley but was to extend the red
curb another 100 feet as he stated from that point easterly, the
alley was wide anough for parking and traffic.
Emmett O'Reilly, 270 Kentucky Street, objected to the restriction of
parking along the entire length of the alley but did agree that a
100 foot extension might be satisfactory.
Councilman Blake suggested that the recommendation be returned to the
Traffic Committee for discussion with the property owners.
R. D. Miller, Administrative Officer, suggested that the matter be
sent back to the property owners where it originated so they might
decide where they wished the no parking zone to start.
Councilman Graham suggested that the property owners be requested to '
make a recommendation on the restrictions.
Mayor Schwartz agreed that the property owners should be the ones to
make the decision as to where the restrictions were to start.
On motion of Councilman Graham, seconded by Councilman Blake, that the
matter be referred to the property owners for discussion and recom-
mendation to the Traffic Committee. Motion carried.
City Council Minutes
August 7, 1972
Page 7
6. At this time the..City Council held a public hearing on the
Ramona Drive, Bond and Leff Streets Assessment District.
The City Council received a petition from the residents of Ramona.Drive
objecting to the inclusion of their properties in the proposed district
as they did not feel they should pay for the repairs when it was damaged
by the heavy construction equipment used by the Bakers in the develop-
ment of the housing units.
The Council received a letter from Eileen Barnett, 467 Ramona Drive,
objecting to her property being included in the district as she had
just completed placing curb, gutter and sidewalk and could not afford
any further expenses.
The City Clerk reported the following bids were received for the Ramona
Drive, Bond and Leff Streets Assessment District. Bids were.opened
August 4, 1972 at 2:30 P.M. (See Exhibit "A" for complete bid summary)
ENGINEER'S ESTIMATE $ 44,826.30
R. Burka Corporation $ 44,226.76
Walter Brothers Const. $ 55,012.05
Ted Watkins $ 57,877.86
Madonna Construction $ 61,934.70
D. F. Romero, City Engineer, explained that the low bid on one of the
projects was slightly higher than the Engineer's estimate, however, if
the City was willing to reduce the contingency item to one percent (1 %)
it would be possible to slightly reduce the assessment for that portion
of the work and reduce all other assessments on the project. He ex-
plained also that with one exception, the properties on Ramona Drive
were not being assessed for the curb, gutter, sidewalk, and that
properties were not being assessed for the reconstruction of existing
pavement on the north side of the street. He explained also that
Ramona Drive had never been fully improved to the City standards and
that it was included in the district due to the City policy that each
property owner should be responsible for the public improvement of the
street in front of his house.
Mavor Schwartz declared the public hearing open.
A. Tidwell, 32 South Tassajara, objected to being forced to pay for
Ramona Drive improvements due to the high cost and he felt the improve-
ments were unnecessary. He stated he had already paid for curb, gutter
and sidewalk and street improvements in front of his house. He did not
feel he should have to pay any more.
Tom Dewitt, 477 Ramona, objected to the inclusion of this property in
the Ramona District as he had already paid for street improvements when
he bought his property, including curb, gutter and street paving. He
felt the reason Ramona Drive street surface was so bad, was caused by
the building at Tropicana and the heavy trucks and equipment using this
portion of the street which completely ruined the surface. He felt it
was unfair to burden individual property owners with the high cost of
replacing the street surface they did not damage.
D. F. Romero stated the portion of Ramona Drive included in the special
district was never really a paved street but the surface was oiled and
the City had maintained it in the same fashion.
Mayor Schwartz explained that it was the City Council policy to try and
upgrade all streets in the City to at least minimum standards so that
each property owner would be served by a decent street. He stated that
assessment proceedings were used as it would allow the cost of the
improvements to be spread over a number of years.
City Council Minutes
August 7, 1972
Page 8
Tom Dewitt again opposed the inclusion of Ramona Drive as the damage
was caused by another property owner not included in the district.
J. D. Spivy, 479 Ramona Drive, objected to the property owners being
required to repair the street and to pay for changing the grade of the
street now that the City Engineer had changed his mind on the grades.
He was opposed to the formation of the district.
Mayor Schwartz declared the public hearing closed.
James Morton, special assessment attorney, explained the action to be
taken by the City Council if they wished to proceed with the formation
of the district as advertised.
Mayor Schwartz suggested that the City Council should first decide
which of the areas they wished to include or remove from the district.
An informal poll of the Council was:
4 -0 favoring the street and water improvements on Leff Street
4 -0 favoring the Bond Street improvements.
3 -1 favoring the Ramona Drive improvements.
Councilman Blake spoke in favor of the Council's support of the improve-
ments on Ramona Drive as he felt that if the Council did not make the
improvements now, they may never get done and the City would never have
a standard street in this area.
Councilman Graham wished to continue consideration of the Ramona Drive
portion of the district until the full Council was present.
Mayor Schwartz stated he hated to see this project delayed as he felt
the improvements were needed now and he asked why Councilman Graham
was opposed.
Councilman Graham felt that when all property owners were opposed to
the formation of the district, they should not be forced to make the
improvements.
Mayor Schwartz explained that the property owners on Ramona Drive
were not being asked to do anything that other property owners had not
done and further that the improvements consisted only of street im-
provements not curb, gutter and sidewalk.
On motion of Councilman Blake, seconded by Coucnilman Brown,
RESOLUTION NO. 2355, a resolution of Preliminary Determination and
of Intention, was introduced. Passed and adopted unanimously with
Councilman Gurnee absent.
D. F. Romero, City Engineer, submitted his estimate of costs and
assessments for the properties included in the district.
On motion of Councilman Blake, seconded by Councilman Brown,
RESOLUTION NO. 2356, a resolution ordering reduction of assessments,
was introduced. PASSED AND ADOPTED unanimously with Councilman
Gurnee absent.
On motion of Councilman Blake, seconded by Councilman Brown,
RESOLUTION NO. 2357, determining convenience and necessity, adopting
Engineer's report, confirming assessment and ordering work and
acquisitions, was introduced. PASSED AND ADOPTED unanimously with
Councilman Gurnee absent.
On motion of Councilman Brown, seconded by Mayor Schwartz,
RESOLUTION NO. 2358, a resolution of award of contract, was introduced.
PASSED AND ADOPTED unanimously with Councilman Gurnee absent.
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City Council Minutes
August 7, 1972
Page 9
On motion of Councilman Blake, seconded by Councilman Brown,
RESOLUTION NO. 2359, a resolution designating collection officer, was
introduced. Passed and adopted unanimously with Councilman Gurnee
absent.
' 7. At this time the City Council held a public hearing on the
proposed abandonment of a utility easement at Johnson Avenue near
Munoz Street.
R. D. Younq, Planning Director, presented the following recommendation
from the Planning Commission:
The Commission took action to recommend to the City Council that the
requested abandonment along Johnson Avenue be approved since the
Public Works and Water Department have indicated that they have no
future need for said easement.
The Commission also took action to recommend that encroachment of
portions of a proposed building be approved subject to conditions
established by the Water Director and set forth in attached letter.
1. The following notes shall be added to the final plot plan:
a. The City Water Department, telephone 543 -1580, shall be
notified forty -eight hours prior to the commencement of any
work within that portion of the easement containing the water
main. At the option of the Water Department, work within the
easement may be subject to continuous inspection by the
Water Department.
b. If any work, in the opinion of the Director of the Water
Department, endangers the City's water main, such work shall
be immediately stopped and appropriate corrective measures
taken.
2. Final signed building plans shall be submitted for written approval
of the Director of the Water Department prior to issuance of a building
permit.
3. An easement, in a form approved by the City Attorney, specifying
the following conditions shall be recorded by the property owner prior
to written approval of the signed building plans:
a. All portions of the accepted encroachment shall be at least
ten feet, measured vertically, above the final ground surface.
The final ground surface shall be at least two feet above the
top of the existing water main.
b. All future improvements within the easement shall be subject
to the approval of the Director of the Water Department.
c. No physical obstruction which would prohibit free access to
any portion of the easement shall be constructed within the
easement.
d. The grantor of the easement shall waive any rights to com-
pensation for damages to any improvements on the plot resulting
from the operation, maintenance, restoration or future construction
of City facilities within the easement.
e. The use of the easement shall at all times be subjected to the
paramount rights of the City to use such easement for the purposes
for which it was originally reserved and if in the course of
operation, maintenance or restoration of existing facilities or
construction of future City facilities it becomes necessary for
the City to remove any improvements within the easement, such
removal shall be accomplished by the City without responsibility
for restoration or replacement of the improvements.
City Council Minutes
August 7, 1972
Page 10
Andrew Merriam, architect for the property owner, Martin Polin, pre-
sented sketches showing the existing location of the easements on the
subject property and stated that without release of the easement, it
would be impossible to develop the land. He stated the owner accepted
the conditions established by the Planning Commission.
The City Council recieved a memorandum from the City Attorney,
A. J. Shaw, stating that under provisions of the Government Code,
the City Council must pass a resolution of intention to vacate this
utility easement and then set a formal public hearing.
On motion of Councilman Blake, seconded by Councilman Brown,
RESOLUTION NO. 2362, a resolution of intention to vacate a portion of
a public service easement on Johnson Avenue near Munoz Street was
introduced.
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
P.M. Mayor Schwartz declared a recess.
9:40 P.M. the meeting reconvened with Councilman Gurnee absent.
8. At this time, the City Council held a public hearing on the
recommendation of the Planning Commission to rezone Terrace Hill from
R -1 to PD R -1 as requested by Cuesta Valley Properties.
R. D. Young, Planning Director, presented the recommendation of the
Planning Commission as follows:
1. A precise plan shall be submitted within six months and construction
shall begin within one year from date of approval of precise plan.
2. A detailed landscape plan showing plant materials and method of
irrigation shall be submitted with the precise plan.
3. Substantiating soils and geological information shall be supplied
for approval of the City Engineer.
4. A two way paved access shall be constructed from Ella to Henry
and Williams Streets.
5. Bishop Street shall be improved with curb, gutter and sidewalk
subject to the approval of the City Engineer.
6. All building shall clear all easements.
7. Method of sewering entire property shall be shown.
8. Structure of private streets shall be subject to the approval
of the City Engineer.
9. All access and parking shall meet City standards.
10. Water distribution components, including main sizes, hydrants,
hydrant locations, minimum hydrant flows,valves and meters shall
be subject to the approval of the Fire Department.
11. One and one -half acres of land shall be dedicated for park
and recreation purposes by in -lieu fee payment based upon the
fair market value of the land.
12. Bishop Street shall be extended to City standards past the
water tank to serve the most westerly cul -de -sac.
13. Water system shall be developed in accordance with the
requirements of the Water Director and all elevations above
460 feet shall be serviced by a private pump and distribution
system.
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City Council Minutes
August 7, 1972
Page 11
The City Council also received a communication from the City Attorney
regarding private water systems and recommending that the City require
the developer to meet all conditions of the Health and Safety Code and
of the Health Department in installing such a system.
The City Council received a communication from the Water Director stating
that any private water systems should be required to meet City standards
and supply adequate fire protection.
The City Council received a communication from the Fire Marshal,
Don Kaye, outlining the fire protection requirements for development of
Terrace Hill.
The Council received a communication from the Water Director regarding
the practices of other cities regarding private water systems.
The City Council received a communication from the League of Women
Voters expressing concern about the environmental impact a development
such as Terrace Hill will have on the City.
The City Council received a letter from Mr. and Mrs. Jesse R. Treanor
urging the Council not to accept such a high density development but to
consider the wishes of the neighbors and lower the density.
Mayor Schwartz declared the public hearing open.
John Ross, architect for the developer, presented a plot plan of the
proposed planned development of 33 acres which called for 180 residential
units with a density of 6.11 units per acre. He used sketches to show
the plot plan and indicated the areas of open space. He also showed
various elevations of the pent houses to be built on the hill and a
generalized landscape plan. He stated that 85% of the areas would
remain in open space. The property was to be developed as a
condominium with all open space and recreational areas owned and
maintained by an owners' association.
Charles French, developer, stated he would suggest that the matter of
public versus private water systems to serve the area above elevation
460 feet, be referred to the City staff and the developer to work out
the best approach to bring back to the Council for approval. He
continued that he was attempting to bring with this development some-
thing that would be an asset and improvement to this part of the City.
Enrico 6ongio, Sierra Way, was in support of the development as he
felt it would be an asset to the City and hoped that the City Council
would approve its construction. He stated he questioned the density
but felt the Planning Commission recommendation was a fair one.
Donald O'Conner, 1264 Rich Court, felt the development would cause
major water problems to adjacent property owners due to the addition
of more improved roads and building sites. He also was concerned about
increased traffic on the adjacent residential streets.
Myer Crumb, 1297 Rich Court, was in support of the development but was
worried about drainage.
Doral Sandlin, 1294 San Mateo, opposed the development of Terrace Hill
as she felt this landmark should be saved for future generations. She
also felt this development would add to the traffic problem on Augusta
Street. She hoped that the City Council would vote against rezoning
and would try to acquire the hill for park development for use by the
citizens of the community.
Harry Smith, 2276 Augusta, opposed the development by the French
interests and was particularly worried about the high banks left on
the hill by the recent grading and also the water problem caused by the
oozing of water out of the hill even during the dry years.
City Council Minutes
August 7, 1972
Page 12
Gordon Silver, 1315 Cecelia Court, opposed the Terrace Hill development.
He felt the hill should be protected for the future. He also was
concerned about the density, the increase in traffic which would be
caused by the density and would disrupt the single family neighborhood.
Mrs. Dorothy Bilodeau, 1720 Johnson Avenue, questioned the Council's.
action as'it would increase traffic from Terrace Hill. She felt no
consideration was being given to additional access and outlets from
the area. She felt that until an alternate route other than Johnson
Avenue was developed, this planned development should be delayed.
Mrs. J. Tiedemon, 1219 San Mateo, opposed the development on the basis
of density allowed on this parcel. She also objected to allowing the
developer to have City water for land above elevation 460 feet which
was contrary to existing City policy. She felt the City Council would
regret the day they opened the door to elevations above 460 feet.
Mayor Schwartz declared the public hearing closed.
Councilman Brown felt the development as proposed might be an asset
over what existed now on Terrace Hill if the development were properly
landscaped, although he did question the density proposed by the
developer.
Councilman Graham agreed that he was concerned over the density pro-
posed for this development but did feel that the planned development
was the correct way to develop this property. He felt all difficult
pieces of property should be developed through the planned develop-
ment process. He hoped that the developer would landscape the side
hills as shown by his architectural drawings but felt the planting
would be difficult on the rocky substructure.
Councilman Blake supported the concept of the planned development as
he felt through this technique good development could be achieved.
He felt this tool was one encouraged by the City Council. He felt
the Terrace Hill development was a good one and stated he would
support it if other problems were handled satisfactorily such as
drainage, water supply, density, etc.
Mayor Schwartz reviewed for the public the history of the past
developments and uses of Terrace Hill. He also explained the
desirable characteristics of developments that could be developed
under the planned development which should present a unique and out-
standing living environment. He felt the French development was
reasonable if developed to plan although he might question the density
of the development.
R. A. Paul, Water Director, stated that during the initial review of
this project for the Planning Commission he had recommended that,
consistent with present City policy, the water system above elevation
460 feet consist of a private pumping and distribution system.
Subsequent review of thepotential problems generated by a large pri-
vately operated water system within the City, particularly in view of
the comments documented by the City Attorney, City Fire Marshal and
the County Director of Environmental Health, now indicate the advis-
ability of an alternate course of action. He therefore recommended
that the City consider requiring the design and installation of a
water supply system meeting the standards of the public system and
dependent on the development of acceptable financial arrangements to
provide for the perpetual cost burden imposed on the City by pumping
above elevation 460, that such a system could reasonably be accepted
as a part of the public water supply network.
Don Kaye, Fire Marshal, agreed with the statements of the Water
Director and added that all water supply systems should be engineered
to provide fire flow capacity of 2000 gpm and that buildings served
above 460 feet elevation should be completely protected by approved
automatic fire sprinklers.
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City Council Minutes
August 7, 1972
Page 13
Councilman Brown asked what the elevation was at the top of Terrace Hill.
Charles French stated it was 501 feet with 40% of the development at
this point.
Councilman Graham asked how the buildings at the top of the hill would
be served with water.
R. A. Paul, Water Director, explained methods by which the Terrace Hill
property would be served with separate pumps taking water from the
Terrace Hill tank.
Mayor Schwartz wondered if the best approach might be to continue this
matter until preliminary engineering on the water service had been sub-
mitted for staff consideration. He did not wish to approve the planned
development until the City staff was convinced that the water system
could work.
D. F. Romero, City Engineer, stated he hoped the City Council would not
delay this development as he was sure that technically, the hill could
be served by both domestic water and water for fire protection.
Councilman Blake suggested that the City Council take action to approve
this planned development in concept but that the City Council would
like to continue to have input into the development.
C. French stated he needed to know if the density of the planned
development would be approved by the City Council and also if th.e
concept was sound before he could proceed further.
Councilman Blake agreed with the concept but wanted more information
' before approving the density and water service.
Councilman Brown agreed with the concept but felt he would like more
information on topography, soil conditions, water, etc.
On motion of Councilman Blake, seconded by Councilman Brown, that
P. D. 0349 be approved subject to the conditions place by the Planning
Commission and amending condition one (1) to read "A precise plan shall
be submitted within six (6) months to the Planning Commission and City
Council and construction shall begin within one year from date of
approval of precise plan." Also condition thirteen (13) to be amended
to read, "The entire water system, which will be incorporated in the
City's system, shall be designed and installed in conformance with the
criteria set by the Water Department. This criteria will include
provisions for an adquate and reliable fire protection system as
approved by the Insurance Services Office. Financial arrangements
shall be developed to provide for the perpetual cost burden imposed
on the City by pumping above elevation 460." Motion carried.
On motion of Councilman Blake, seconded by Councilman Brown,
ORDINANCE NO. 560, an ordinance amending the Official Zone Map of the
City of San Luis 0 ispo, was introduced. (To rezone Terrace Hill from
R -1 to PD R -1). -
Passed to print on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
NOES: None
ABSENT: T. Keith Gurnee
9. A public hearing scheduled by Mid State Bank to obtain a use
permit was cancelled as the Planning Commission granted the permit.
City Council Minutes
August 7, 1972
Page 14
10. At this time the City Council continued discussion of the
utility users' tax for the City of San Luis Obispo which would be a
5� tax on water, cable television, natural gas, electricity and
telephone services.
The City Council received a communication from Mrs. R. L. Wick,
348 Hathway, objecting to the City Council considering the adoption
of a tax on utilities as it would be an imposition and a real hard-
ship on senior citizens and the people in San Luis Obispo who must
live on a limited, fixed income. She felt she could support a
construction tax on developers but could never support a tax on the
poor and the underpriviledged.
Mavor Schwartz explained the reason the City Council was considering
the adoption of a utility tax as the City's revenue sources were
limited and many things were being damanded as services by the people
of the community and it was impossible to continue these services
without additional revenue. He listed various areas and activities
where the City of San Luis Obispo has been deficient due primarily
to lack of financial resources. He gave examples of street
deficiencies, sewer problems, park and recreation needs for young
and old and he also stated that a number of citizens felt there
were insufficient policemen and firemen to protect them. He also
explained that if the tax was levied it would not be ear - marked for
any specific activity but would be budgeted each year so the
citizens would have an opportunity to make input into the budget.
Mayor Schwartz declared the public hearing open.
L. R. Shaddix, president of the San Luis Obispo Owners and Managers
Association, protested the additional burden that the utility tax
would place on both apartment owners and their tenants. He suggested ,
the people be allowed to vote on the issue.
Robin Baggett, A.S.I. President of Cal Poly, opposed the tax for the
following reasons: (1) this tax would not be equitable due to the
fact that an increase in the rental rates of apartments and houses
would result, thus imposing the burden of said tax upon the student
renters; (2) the tax would also be inequitable due to a person's
ability to pay; (3) there are no specific plans or guidelines for
the use of said tax.
Mayor Schwartz reviewed the per capita expenses and receipts of
cities in the sam population group as San Luis Obispo and indicated
that San Luis Obispo had the lowest per capita expenditure and
revenue of the cities surveyed.
Councilman Blake took issue with the presentation of Robin Baggett
when he complained about parks being closed to students when the
truth was that all the-City had done was stop the use of City parks
for private businesses selling beer without a liquor license or a
business license. He then stated that all the City Council was
trying to do was keep the City moving and keep up the necessary
development requested by the citizens of the City.
Bob Machado opposed the enactment of a utility tax as he did not feel
it was needed. He felt what was needed was a better allocation of
funds to pay for the basic services and needs of the City and less
spent on fancy amenities.
R. Dunin, Motel -Hotel Association, stated that IN'% of the members of
his organization were opposed to the adoption of the utility tax as
they felt this cost could not be passed on to their tenants as their
rates were now at the breaking point. He felt the vacancy factor in
motels in San Luis Obispo was rising each year and that the industry
was in dire financial straights. He then gave examples of the
estimated cost to each motel for the annual utility tax. He felt the
utility users tax was unfair to his industry and urged that the City
Council put this matter to the citizens for a vote.
City Council Minutes
August 7, 1972
Page 15
Harry Murphy, Skylark Lane, was opposed to the tax as it would fall
hardest on the home owner who was already being overtaxed and further
the small home owner could not pass the cost on as businesses, motels,
etc. could. He asked the City Council to reconsider the adoption of
this ordinance as he felt it was unfair as it taxed basic needs for
light, water, etc.
Frank Dexter, chairman of the Tourist and Convention Committee of the
Chamber of Commerce, opposed the tax as he felt it was unfair to
tourists, tenants, and students who would surely be required to pick
up this tax through higher rents and service fees.
Mayor Schwartz declared the public hearing closed.
Councilman Blake felt the utility users tax was a fair tax as it would
be paid for only when the services were being used and by the person
using it. He then compared property tax rates of the County versus
the City rates and also explained how the rates were determined. He
concluded that he would support the utility users tax.
Councilman Brown felt an income tax was the fairest tax on people, but
in California, cities could not levy such a tax. Therefore, he would
support the utility users tax as he felt the City Council had made the
tax as fair as possible with exceptions for low income persons.
Councilman Graham felt the utility users tax was fair and that the
people who use the services should pay for them. If the citizens of
the City wished certain amenities, they should help the City provide
them.
Mayor Schwartz stated he would support the adoption of the utility users
' tax as a source of needed revenue for City development and would give
the citizens the amenities they have requested. He suggested that
Section 6616, Refunds for Low Income Households, should be increased
to $10 per year and that the maximum gross income for a refund be
$5,000 per year.
The City Council agreed to the suggested amendments and on motion of
Councilman Blake, seconded by Councilman Brown, ORDINANCE NO. 559, an
ordinance of the City of San Luis Obispo amending the Municipal Code
by adding Chapter 6 to Article VI, Providing for the Imposition and
Collection of a Utility Users Tax.
Passed to print on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Kenneth E. Schwartz
NOES: Myron Graham
ABSENT: T. Keith Gurnee
11. J. D. Stacy, President of Pacific Western Mobile Estates, Inc.,
presented slides of mobile home parks developed by his company in other
areas in an attempt to illustrate the type of development they hoped to
bring to San Luis Obispo. He then presented maps showing what was
' planned for development of 251 acres of land mostly outside the City to
be developed to 925 mobile home lots. This would be developed over a
period of years. The property which would be annexed and developed by
this company lies along Los Osos Valley Road from Foothill Boulevard to
the Laguna Junior High School site. He stated the development would be
for mobile homes only. He then presented some of the amenities that
his company provided in their other developments.
Fred Strong, Pacific Western Mobile Estates, stated this matter was
being brought to the City Council as they understood that the Council
wished to look at all proposed annexations before any action was
taken by the City.
City Council Minutes
August 7, 1972
Page 16
Councilman Brown asked if the developers had explored the water problems
in this area.
Mr. Stacy stated they were aware of the water problems and were sure it
could be worked out satisfactorily to his company and the-City.
Fred Strong explained the treatment his company planned for this
development. Part of the plan was to deepen and dredge the lake in
order to make more water area available for the development. He stated
this would all be done with the view to the environmental impact of
such a development. He also stated that when completed, the surface
of the lake and the wild life preserve would be deeded to the City
for protection.
Bob Machado felt this was a poor development for the City as it would
not pay its own way as mobile home parks did not pay the same share of
taxes as other residences in the City and he felt this development
would require more taxes from someone else to pay for the services to
support the development.
Fred Strong explained how mobile home parks and coaches were taxed
by cities, counties and the State and that a fair tax was received
by all entities. He asked the City Council to refer this matter to
the Planning Commission with an indication that the City was willing
to annex that portion of the .land presently outside the City.
R. D. Young, Planning Director, stated that the Planning Commission
had taken a strong stand on not annexing property in this segment of
the community and further that this planned development exceeded the
one unit per acre density planned for this area if any development
were granted at all.
Mayor Schwartz stated he didn't think it would be proper for the
City Council to act on this matter but the developer had the right
to proceed with his proposal through the staff and other agencies
and the City Council would hear the matter when it came before them.
12. The City Council received a recommendation from the Planning
Commission for the proposed annexation of property located on the
east side of Edna Road between Industrial Road and the existing City
limits which was approximately 73 acres as follows:
1. The property is zoned industrial within the County with the
exception of Giant Market and can be developed for industrial
purposes.
2. The property would be annexed to the City with an industrial
classification, therefore the land use designation would not
be changed.
3. There are City utilities extending past the property and there-
fore expenditures by the City for utilities would not be
required.
4. There are two large properties within the area, Giant Market
and Westside Auto Supply, which are receiving full City
services. These properties do not pay City taxes.
5. The proposed annexation would meet the criteria for infilling
in accordance with adopted Planning Commission policy.
The City Council received a memorandum from the City Attorney stating
this referral by the Planning Commission was for informational
purposes to the City Council only, and that any action by the City
Council would not be binding until the required public hearings were
held.
Mrs. Dorothea Rhodes supported the annexation and stated she wanted
to add her property to the annexation as it was just east of the
existing City limits on Edna Road. She felt this annexation would
be a logical annexation to the City.
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City Council Minutes
August 7, 1972
Page 17
Frank Garcia was in support of the annexation and felt the proposal should
include the addition of the Rhodes parcel as it was a reasonable and
logical addition to the City.
Councilman Brown stated that he agreed with the Planning Commission
recommendation on their policy of in- filling annexations and he would
support their recommendation on the 73 acres.
Councilman Graham also agreed with the Planning Commission recommendation.
Councilman Blake agreed with the Planning Commission's recommendation and
felt he would even consider taking the additional areas requested.
Mayor Schwartz agreed with the Planning Commission's philosophy and
felt the property owners should proceed through the normal public hearings.
13. The City Council continued discussion of a recommendation from
the Advisory Committee on Joint Recreational Use of School District
Property regarding planting of landscaping screen near the Sinsheimer
Baseball Field to another meeting.
14. Discussion of Library consolidation was continued.
15. The City Council received a communication from John Ross
Associates requesting a decision by the City Council regarding the
relocation of a fire hydrant in front of the new automobile club
building on Calle Joaquin. He felt the order by the Water Department
to relocate this hydrant was unreasonable and unnecessary and he hoped
that the City Council would not force this action.
' R. A. Paul, Water Director, explained that the developer had requested
permission to move an existing fire hydrant 24 feet northerly along
Calle Joaquin. The Water Department approved this relocation subject
to the hydrant being reinstalled according to City standards and this
was the objection by the developer as City standards were more costly
to the developer than the proposal of the architect. He then explained
the City standard installation procedure to the City Council.
John Ross, architect, explained he represented the owner of the property
who did not wish to spend additional funds for installation of a fire
hydrant as this matter was brought to their attention after bids had
been received and the contract was awarded for the building.
On motion of Councilman Blake, seconded by Councilman Brown, the City
Council denied the appeal of the Automobile Club and stated the
installation of the fire hydrant should be done to•C.ity standard.
Motion carried.
16. R. A. Paul, Water Director, brought to the Council's attention
a water service problem that had arisen at the Breakers Restaurant at
1772 Calle Joaquin. He stated a hydro - pneumatic pump and tank had
been installed without Water Department approval and that the operation
' of the Pump created pressure surges within the City water distribution
system which were reflected throughout the lower Los Osos Valley. He
stated the pressure surges in addition to constituting an unacceptable
level of pressure surges, a potential hazardous situation for the City's
facilities existed which would undoubtedly result in numerous pipeline
breaks. He stated that the contractor had been trying to solve the
problem, but that to date efforts had been inadequate. He recommended
that the continuation of water services to the Breakers Restaurant be
conditioned on compliance with the following conditions:
City Council Minutes
August 7, 1972
Page 13
(1) The private pumping system shall be modified to the extent
that it will no longer create surges in the City system in
excess of 20 PSI;
(2) Such modification shall be completed within five (5) days of
written notice that the present conditions were not acceptable.
He concluded that in the event that such compliance was not accomplished
that the City water service to the Breakers Restaurant be terminated.
Ted Maino, contractor, stated they were working with a valve company
in an attempt to eliminate the water problem which they did recognize
and he felt that with delivery of the proper valving, the water problem
should be solved. He continued that the owners were just as anxious to
solve.the water problem as was the Water Department.
On motion of Mayor Schwartz, seconded by Councilman Brown, that the
Water Director send notice to the property owner of the water problem
stating that if not corrected in five (5) days, the water service would.
be terminated. Motion carried.
The matter was continued for a progress report from the Water Director.
17. R. A. Paul, Water Director, brought to the Council's
attention, the matter of water service for the residence at 139 South
Higuera STreet. It appeared that this property had been served with
City water but that the water service had been discontinued several
years in the oast and no record was availabl.e to prove service had
been extended to the property. He presented letters signed by the
former property owner, L. Molinari, and an adjacent property owner,
Clell Whelchel, stating that they have personal knowledge of previous
City water service to this property.
R. A. Paul stated that on the basis of these written statements that
water service should be allowed to the present area of "use without
requiring payment of acreage fees but in the event that the present
area of use was expended, at a future date, such expansion would be
subject to payment of acreage fees as required.
On motion of Mayor Schwartz, seconded by Councilman Blake, the City
Council approved water service for 139 So. Higuera St. for one (1)
residence and that the balance of the property if and when developed
would be required to pay acreage fees. Motion carried.
18. The City Council received a communication from the Fire Chief,
Lee Schlobohm, asking for clarification of City policy for the daily
manning of fire personnel in the City. It had been a departmental
policy to follow the recommendation of the Fire Underwriters that a
ten -man force be on duty twenty -four hours a day but that due to a
new policy of the Administrative Officer regarding the payment of
overtime, the Fire Department had been prohibited from bringing back
firemen to cover when a man was off sick. The City Fire Department
personnel wished the City Council to be aware of this new problem and
also wished a policy statement from the City Council that they were not
endorsing a program of reducing the ten -man fighting force to a nine -
man daily staffing.
The City Council discussed the matter with the Fire Chief and the
Administrative Officer. The Council felt that they should continue the
existing policy of a minimum of ten men on duty at all times and that
nine men would only be authorized when a man was sick and when unusual
hazards did not exist. The Council decided that.the administration of
the department and the overtime be returned to the Fire Chief and he would
be accountable for such overtime.
On motion of Councilman Blake, seconded by Councilman Brown, the meeting
was adjourned at 2:15 A.M. to be continued on Thursday, August 10, 1972
at 7:30 P.M. Motion carried.
APPROVED: October 2, 1972
H. PATRICK, CITY CLERK
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