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HomeMy WebLinkAbout08/07/19721 J 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. ----------------------------------------------------------------- - - - - -- 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. 1 1: 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. r; 1 1 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. 1 1 1 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. 1 1 1 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. 1 1 1 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 1 1 i