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HomeMy WebLinkAbout12/17/1973MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, December 17, 1973 - 7:00 P.M. City Hall Pledge Po I I Ca I I PRESENT: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Kenneth Schwartz ABSENT: None City Staff PRESENT: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; D. Williamson, Assistant Administrative Officer; R. A. Paul, Water Department Director; D. F. Romero, City Engineer; A. J. Shaw, City Attorney; Ron Young, Planning Department; Police Chief Rodgers; Battalion Fire Chief Don Kaye; Parks 3 Recreation Director Flory. ------------------------------------------------------------------------ 1. At this time the City Council considered the final passage of ORDINANCE NO. 601 (1973 Series), an ordinance authorizing the sale of surplus real property situated between Foothill Blvd: and Del Norte Way (property ourch.ased by Elton Hall). Mayor Schwartz asked if anyone wished to speak prior to the final adoption by the City Council. No one appeared before the City Council for or against the final passage. On motion of Councilman Graham, seconded by Councilman Brown, the Ordinance was finally passed on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None 2 & 3. Plans for bus stops and Council reconsideration of the matter of hairpin sign standard revisions. Pat Gerety showed sketches of the proposed stop signs and bench combin- ations which would accomodate the existing hairpin sign standards. It was the staff's feeling that many of the existing hairpin sign double standards could be' incorporated with the bus stop bench and a waste disposal box. Councilman Norris stated that he supported the use of modified hairpin standards using just the one leg to avoid conflicts in the sidewalk area. Councilman Graham stated that he was in support of the original hairpin with the double leg design in all locations inthe City except where there might be a problem if the sidewalk were too narrow. It was moved by Councilman Graham, seconded by Mayor Schwartz, that the City Council amend their original motion and continue use of the double leg hairpin sign in connection with bus benches, trash receptables, etc. where there was no conflict with pedestrians. Councilman Gurnee stated that he was in support of the double leg hair- pin signs in connection with bus benches and trash receptacles. City Council Minutes December 17, 1973 Page 2 Councilman Brown stated that he too was in favor in connection with bus benches, but he felt that the one legged hairpin sign should be used in other areas. Motion carried on the following roll call vote: AYES: Councilmen Graham-and-Gurnee, and Mayor Schwartz NOES: Councilmen Norris and Brown ABSENT: None 4. Communication from the City's Promotional Coordinatina Committee recommending additional funds for the Little Theatre Orqanization. The Promotional Coordinating Committee stated at the request of the City Council, they reconsidered the fund request of San Luis Obispo Little Theatre at which time representative of the Little Theatre explained that most of the material to be purchased with the funds requested from the City would become the property of the Little Theatre and not the property owner of the building now being rented by the group. Further, the Promotional Coordinating Committee also considered the fact that it has been committee practice heretofore to request that groups receiving City funds for cultural events, not use funds for paid local media advertising and that the request of the San Luis Obispo Little Theatre included plans to spend some $1,000 of City funds for ad- vertising. After considerable discussion, the Promotional Coordinating Committee recommended that the remaining $3,100, requested by the Little Theatre, be allocated by the committee and that the City Council be requested to authorize the total disbursement of $5,200 provided that $1,000 ' proposed for the advertising by Little Theatre, be held in reserve and unexpended until a firm and fully detailed policy regarding disburse- ment of promotional funds for paid media advertising in the City could be formulated and approved by the City Council. The Promotioanl Coordinating Committee stated that they were setting a public hearing for all groups receiving grants, plus the news and advertising media representatives, to hear their views regarding adver- tising within the City of San Luis Obispo, paid by the taxpayers. On motion of Councilman Graham, seconded by Councilman Norris that the City Council accept the recommendation of the Promotional Coordinating Committee and grant the additional $3,100 with $1,000 being held in reserve for consideration of local media advertising. Motion carried on the following roll call vote: AYES: Councilmen Graham, Brown, Norris and Gurnee and Mayor Schwartz NOES: None ABSENT: None 5. 0. F. Romero, City Engineer, submitted a report to the City Council regarding the request of Hidden Hills Mobile Lodge for connec- tion to the City sewer system. He stated that the Hidden Hills Mobile Lodge was located on Tank Farm Road approximately °00 feet westerly of the City lift station at the intersection of Tank Farm Road and Edna Road. He continued that the Lodge was lower than the lift station, therefore, could only be served by installation of an additional lift station and force main to the City's lift station, and then ex- tending thru the City system. The City Engineer continued that Mr. Hoffman had indicated that he desired to install a private lift station to connect to the City sewer system. He estimated the flows City Council Minutes December 17, 1973 Page 3 for the existing 35 spaces was in the magnitude of 3,000 gallons per day. The City Engineer stated that using normal design criteria for mobile home parks, consideration of peak flows and peak infiltration, he felt there would be sufficient capacity in existing sewer lines and at the sewer plant to accommodate this request. The City Engineer stated that the City policy for sewer connection in the Edna Val ( I called for participation in a share the cost of facilities developed Uby the City some years ago. Using normal criteria, he estimated the connection fee to the Mobile Lodge property at $4,775. In addition, the ordinance would call for a monthly payment for sewer service at the rate of $3.00 per month plus $1.50 per trailer parking space. He felt that the City cost in serving this property would be minimal. A. J. Shaw, Citv Attorne stating that he felt the developments in the Edna now in the City of San L their problems, and then sewage. L, commented on the report of the City Engineer, best method of accommodating sewage from Valley would be to have those property owners not uis Obispo form a service district to handle contract with the City for the disposal of D. F. Romero, City Engineer, then reviewed studies made in the past by his office and by consultants for the City Council to serve the entire Edna Valley with serviceable sewer connection. This plan envisioned the entire Valley that could be served thru gravity to the City sewer plant. Councilman Gurnee asked the City Council to study the request care- fully in light of other actions taken in giving sewer services outside the City. Councilman Graham felt that annexation should precede any service outside the City of San Luis Obispo. Councilman Brown asked what was the condition of this property to be annexed to the City and he also felt that some condition should be made that sewer service would only be 6,xtended to existing number of units in the mobile home park at this time and not for expanded use. Councilman Norris stated that he was not in favor of supplying sewer service to this property at this time, due to the energy crisis and the possibility of shutdown of power for City sewer lift stations. He also felt that expanding the use of the City service at this time hastened the day when the City taxpayer would have to pay for enlarging the plant caused by adding outside property owners to the sewer system. Councilman Brown suggested that this property might be served temporarily under a contract arrangement with the City with future cost of expansion of the sewer system to be paid by the property owner when the expansion was needed. Mr. Solenberger, Manager for the trailer park, urged the City Council to allow them to hook up to the City sewer system. He stated that the County Health Department and the State Water Quality Control Board were pressuring them to connect to the City. If they did not connect to the City, they would have to shut down, as they would not be able to con - tinue to dump sewage into an adjoining creek. He felt that within five years, this entire area would be annexed to the City and that all the owner was asking f)or was a temporary hook up to the City sewer system so that the 35 families in the mobile home park would not have to be moved to some other area. On motion of Councilman Norris, seconded by Councilman Gurnee that the City Council deny the request of the Hidden Hills Mobile Lodge for connection to the City sewer system without prejudice, and suggest- ing that they apply for a service district under the County for contract City Council Minutes December 17, 1973 Page 4 with the City. Motion carried on the,following roll call vote: AYES: Councilmen Norris, Gurnee, Graham and Brown, and Mayor Schwartz NOES: None ABSENT: None Flavor Schwartz felt that with the request being denied by the City Council, the property owner should then proceed to apply to the County for the formation of a service district for sewer service. That way, the City Council would have some government entity to work with on this program. 6. At this time, the City Engineer, D. F. Romero, presented plans and specifications for improving Serrano Drive and Mission Street reconstruction estimated cost for Serrano Drive of $26,000 and Mission Street, $8,700. Mr. Romero presented sketches showing the scope of the improvements to be placed under the contract and the limits of the project. R. A. Paul, Director of Water Services, reported to the City Council that he had called an informal meeting on November 14, 1973, between the City staff and interested property owners-on Serrano Drive and Serrano H&i:ghts to discuss the existing fire protection deficiencies in the area. Included in the discussion with the property owners was a review of the City Council's present policy regarding the issuance of future building permits adopted by the Council on December 18, 1972. After discussion, the residents in attendance did not express an inter- est in participating in thecconstruction of adequate facilities, nor was there apparent concern for the effect of the Council's present policy upon future construction along Serrano Drive or Serrano Heights. Councilman Norris stated that he was in favor of doing street improve- ment at this time, but was opposed to requiring the property owners to extend water service to the nearest point of adequate service. He felt that the City Council should change their two existing policies to (1) not require the property owners to extend water service at their expense, and to (2) not require property owners to place fire hydrants for fire protection. He felt that it was unfair for the City government to require individual property owners to act as bankers for their neigh- bors until improvements.had been made. R. A. Paul, Director of Water Services, stated that the City Council could cooperate with the property owners by spending the quarterly allocation set aside by the City Council in order to help development. Councilman Graham stated that it was his feeling that the property owners did not wish to contribute to fire flow improvement and as long as they were aware of the risk, he felt that the City Council should go along with their feelings. Mayor Schwartz stated that if the City had lots of money, he would go ahead now and put in the waterline improvements, which would increase the fire protection flows in the area, but he felt that with the higher priorities for City money, that the Serrano water 1mrpovements were not high enough in the capital improvement program for expenditure of priority funds. On motion of Mavor Schwartz, seconded by Councilman Brown, City Council approved plans and specifications for improving Serrano Drive. Motion carried. City Council Minutes December 17, 1973 Page 5 7. Waterways and Flood Problems. 7A. Memorandum from D. F. Romero, City Engineer, submitting a replacement ordinance for expired Ordinance No. 575 and recommending processing by the Council immediiately. The substitute ordinance read: An ordinance of the City of San Luis Obispo amending the Municipal Code to require review by the City of all proposed construc- tion and grading activities within certain flooded and flood -prone areas and within twenty feet (20') of the top of the banks of certain waterways prior to the issuance of building and grading permits therefor; and providing a procedure for said review. The City Engineer reviewed for the Council a companion document to the proposed ordinance establishing policies and standards for flood plain management which included definitions and determinations that must be made prior to improvements. He also presented sketches on creek up- grading guidelines, showing natural earth channel, the timber crib wall bank protection, post and board bank protection, stone masonry walls, stone veneer walls, stone riprap wall, concrete rubble wall, sacked concrete wall, and the brick or concrete block wall, and the gunite or poured concrete lining. Councilmen Gurnee and Brown, City Council representatives on the Water- ways Planning Board, stated that on behad)f of the WPB, they were support- ing the approval of the new ordinance and the guideline policies. The City Council again reviewed with the City Engineer, statement of policy and the standard sections as prescribed. The matter was con- tinued to the January 7, 1974 meeting to include a more comprehensive policy form for Council consideration. 7B. Minutes of the meeting of December 7, 1973 of the Waterways Planning Board recommending to the City Council that the Waterways Planning Board had again reviewed the Depper wall at Mt. View in the field, and concurred that the immediate hazard had been corrected but felt that with the light materials of the wall it would eventually fail and cause further problems; however, at this time, the wall is no longer a priority I obstruction. City Engineer.was requested to direct a stern letter to the contractor for not having taken out a permit for this repair work. The Waterways Planning Board recommended that the City Council remove the Depper wall from priority I abatement list and place it on the priority III list. On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council adopt the recommendation of the Waterways Planning Board, that Mr. Depper be notified of their determination and that the contractor be issued a stern letter inwriting as to his violations in not taking out permits for construction with the City. Motion carried. 7C. Paul Landell, representing the City Engineer's office, presented for the City Council, a slide projection showing of priority II creek obstruction within the City of San Luis Obispo. After the presentation of the priority II creek obstructions, it was the common consent of the City Council that the City taxpayers would pay to abate all natural obstructions in creeks in the priority II category and that the staff was authorized to notify the property owners of this action and proceed with such notices. Further, the staff was to proceed with the normal abatement notices on man -made obstructions in accordance with City ordinance. 7D. The City Engineer again brought to the Council's attention the request of the State Fish & Game Commission for the construction of a fish ladder at the Los Osos inlet to Laguna Lake. He stated that upon further review of his request at the last Council meeting, the fish ladder alone would cost approximately $3,500 for only the fish ladder and City Council Minutes December 17, 1973 Page 6 appurtenances. The total cost of the project, including the repair of the culvert, would be $7,000. On motion of Councilman Brown, seconded by Councilman Graham, City Council approved the preparation of plans and specifications for the improvement of the drainage structure under Los Osos Road, including the construction of the fish ladder, with the work to be done in the summer of 1974. Motion carried. 10. Communication from the City Clerk's office submitting an analysis of the request by the San Luis Garbage Companv for an in- crease in collection rates for garbage and solid wastes within the City. The City Clerk's office questioned some of the methods used by the gar- bage company in arriving at their request and stated that they had been in contact with the company's auditor and that many of these questions were being resolved. The primary discrepancy lay in the comparison of expenditures and receipts for sir, months period of 1973, projected for the full period starting January 1, 1974. Therfore, the request of the City Clerk's office that the San Luis Garbage Company be asked to submit the actual figures for the calendar year 1973, at which time a full twelve month analysis of revenue and expenditures could be made and a more realistic recommendation could be made by the City Clerk's office on the request of the Garbage Co. The matter was continued for further information from the San Luis Garbage Co. and their auditor, Robert Knight. 11. At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the zoning ordinance to require restaurants with a seating capacity exceeding 100 occupants to obtain a use permit from the Planning Commission in all commercial and M zones. R. Young, Planning Director, reviewed for the City Council the comments and studies made by the Planning Commission in making this recommenda- tion to the City Council. Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. Councilman Brown stated that he felt that the recommendation of the Plan- ning Commission was logical and should be approved by the City Council, as he felt that a requirement for a use permit to review the noise, parking, access, etc. for all large commercial restaurants was a good idea. Councilmen Graham and Gurnee wished the City Council to clarify that this proposed ordinance was no way aimed at the proposed Woodbridge Feed and Sound development on Woodbridge Street. R. Young, Planning Director, stated that it was not.aimed at any specific operation but that the Woodbridge Feed and Sound Co. were the ones that brought this matter to a head and to the attention of the City Planning Commission. He continued that if the developers of this restaurant proceeded prior to the final adoption of the City ordinance as proposed, they would not come under its provisions. On motion of Councilman Gurnee, seconded by Councilman Graham, Part (2) the following ordinance was introduced and passed to print on the follow- ing roll call vote: ORDINANCE NO. 599 (1973 Series),.an ordinance of the City of San Luis Obispo amending the zoning ordinance: (1) to permit non - profit private clubs and lodges in all zones except M -R subject to use permit and defining private clubs and lodges: and (2) to require 1 1 1 City Council Minutes December 17, 1973 Page 7 use permits for restaurants with an occupancy load of over 100 persons. Note: Part (1) of the above ordinance was introduced on October 1, 1973, but was not printed. 12. Maynard Marquardt, 113 Del Sur, appeared before the City Council objecting to the inactivity by the City of San Luis Obispo in protecting the residents from the low and dangerous flight of crop dusters over the residential areas of the City while dusting outside the City. He stated that he did not know if the airplane was seeding grazing land or dropping pesticides. But he felt that the height that the plane was coming into the City was too dangerous and if anything happened, could fall into a residential area. He demanded that the City Council take some action protesting these intrusions into the City and to pass the necessary ordinances or laws to protect the City and its citizens from this ever happening again. R. D. Miller, Administrative Officer, reported that in discussing this matter with a representative of the County Airport staff, that a crop duster, under Federal law, must have a permit from the City be- fore working within the City area, and that this could be denied by the City, but he had reviewed this with all departments and no permit was applied for or issued by any City staff member. He concluded by stating that the Federal Aviation Administration had jurisdiction in these matters. Mrs. Wanda Strassberg, flight instructor at the local airport, concurred with the statements made by Mr. Marquardt that the practice of flying over residential areas just off the ground was dangerous and was pro- hibited by law. Paul Landell also ag flew over his house Luis Mountain. Mr. want to take this ma study the adoption o City. The matter wa and Federal Aviation or could be in this reed with the comments of Mr. Marquardt, as the plane time and time again, while making its round of San Aarquardt stated that if the City Council did not tter on, that they form a citizens committee to f an ordinance which would prohibit flying over the s referred to City staff to contact appropriate State agencies to see just what the City's role would be type of situation. 13. Communication from Bailey Bridges, Inc. indicating that they and their adjoining neighbors of the 14 lots in the block bounded by Archer, Pismo, Walker and Pacific Streets, had acquired the alley running in this lot and would like to share the cost of improving the alley and, upon improvement, have it dedicated to the City to be main- tained as a City alley. They stated that the alley would be 13 foot wide for 250 feet from Archer Street, thru to- Walker Street, except for a small strip adjacent to the Pacific Gas and Electric Company trans- former station, which he felt that they would ultimately improve and dedicate to the City. D. F. Romero, City Engineer, stated that he had no objection to the City accepting the alley and that they would maintain it in the fbture, but he recommended that the City not accept it until it had been improved to City standard and P.G. $ E. had indicated intent to dedicate their land for alley purposes. A. J. Shaw, City Attorney, agreed with the City Engineer's recommendation that the entire alley should be dedicated at the time that i•t is improved. G. H. Hamlin, representing Bailey Bridges, Inc., spoke in favor of the proposal and stated that he stood ready to help in anyway to accomplish this street improvement. On motion of Councilman Graham, seconded by Councilman Brown the following resolution was introduced: RESOLUTION NO. 2536, a resolution of intention to accept dedication of the alley between Archer and Walker Streets. City Council Minutes December 17, 1973 Page 8 Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Brown, Norris and Gurnee, and Mayor Schwartz NOES.: None ABSENT: None 14. At this time, the City Council considered the final map of tract 485 Southwood annexation, Dan Oxford Development. City Enaineer, D. F. Romero, reviewed the map for the City Council, as approved and recommended by the City Council and listed the special subdivision conditions as follows: 1) Developer shall pay the City the sum of $535 which is the fair market value of .1 acres of land. These funds are to be used for future park development. 2) Developer shall pay the City the sum of $927.29 (927.29 feet @ $1 per foot) for City planting and maintenance of trees. 3) City and Developer recognize that funds are deposited in escrow in an amount satisfactory to Ann Arbor Estates No. 3, Ltd. to provide full compensation for developer's share of improvements previously installed in Southwood Drive. City agreed to remove access restrictions across parcel D and accept parcel D within the street right of way in Southwood Drive. 4) Developer pay water acreage fees in the amount of $2,613.40 for 3.58 acres, less $1,360 paid in March 1973. 5) Grading fees in the amount of $128 be deposited and considered as normal subdivision inspection fees. Councilman Gurnee stated that he opposed the annexation and the subdivi- sion and that he would continue his opposition of this development due to water problems that the City would inherit with separate pumps to each lot. Councilman Norris stated that if the City Council and Planning Commission had accepted this subdivision under the water conditions as presented and that the City had previously accepted funds for water, then the City should stand behind their agreement. Councilman Brown stated that he felt the City should stand on the legal opinion regarding the water. Councilman Graham stated that he too was opposed to the subdivision due to the water problems involved with private pumping systems. Mayor Schwartz stated that he felt that the final map was in compliance with the tentative map approved by the City Council and also that the City should follow the legal opinion on the water charges. A. J. Shaw, Citv Attorney, reviewed the reason for the - increased cost on the acreage charge to $730 per acre, although at the time the original development was proposed, prior to annexation, the acreage charge was only $350. On motion of Councilman Brown, seconded by Councilman Norris, the following resolutions were introduced: RESOLUTION NO. 2535 (1973 Series), a resolution approving the final map of tract 4351(Dan Orford, City Council Minutes December 17, 1973 Page 9 Developer). On the same motion and roll call vote: RESOLUTION NO. 2535A (1973 Series), a resolution of the Council of the City of San Luis Obispo cancelling a portion of the non - access strip described as "Parcel D" upon tract map 317 and accepting said portion for street purposes in all respects. Passed and adopted on the following roll call vote: AYES: Councilmen Brown and Norris and Mayor Schwartz NOES: Councilmen Graham and Gurnee ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced: RESOLUTION 2538, a resolution increasing the 1973 -74 Budget (Inspection fees, Tract 435, Oxford). Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Norris, Graham and Gurnee, and Mayor Schwartz NOES: None ABSENT: None 15. At this time, the City Council considered the recommendation of the Planning Commission approving the tentative map of Tract 496, Amberlea Tract "(Edna Road & Tank Farm Road extended). The Planning Commission passed their resolution No. 494 -73 approving said tentative map, subject to the following conditions: 1) The developer shall pay for the cost of a local street on Tank Farm Road, with the City paying for the difference in cost between a local street and a major street. 2) The developer shall dedicate widening on Broad Street in accordance with the alignment adopted by the Division of Highways, and install curb, gutter and sidewalk in conjunction with the State construction project. 3) The developer shat -I' °fully improve one -half of Sacramento Drive and one 12 foot lane on the westerly side. 4) The developer shall assume his proportionate share of sewer service to the southerly limit of the development on Broad Street. 5) The developer shall extend a 12 inch sewer line in Tank Farm Road, with the City paying for the.difference between the size needed by the developer and the size actually in- stalled. 6) Improvements to the waterway shall be in accordance with requirements to be established by the Waterways Planning Board. 7) Access shall be restricted from Lots 191 thru 194 and 111 and 112 to Tank Farm Road. This shall be accomplished by a note on the final map and the construction of a screen fence or wall to be approved by the City Engineer. City Council Minutes December 17, 1973 Page 10 8) A screen fence or wall shall be constructed along the railroad frontage of all lots abutting the railroad right - of -way. 9) The developer shall install stop signs at all intersections with Tank Farm Road, at all intersections onto Sacramento Drive, and at the intersection of Tank Farm Road with Broad Street. 10) The developer shall reimburse the City for a proportionate share of the cost of the sewer and water facilities serving this property, and shall be entitled to a refund for a pro- portionate share of the sewer and water and street to be con- structed on Sacramento Drive. 11) All water mains, except short reaches supplying cul -de -sacs without a need for fire protection, shall be a minimum of eight inch diameter and shall be Class 2 ductile iron pipe. 12) Water main loops for fire protection within public utility easements are not acceptable, but with Council approval it may be included in the tract layout. 13) Fire flows for the industrial portion of the subdivision must be a minimum of 5,000 gallons per minute. Such a flow could be provided to the site in two 12" diameter mains with the pipeline velocity limited to eight feet per second. 14) Developer shall provide utility easements in accordance with the requirements of the utilitiy companies. 15) Developer shall dedicate three acres for park purposes. The City shall start preliminary development within 5 years of acceptance of the subdivision. 16) Developer shall be assessed $1 per lineal foot of street frontage for the puspose of street tree planting. 17) Avigational easements shall be granted to the County of San Luis Obispo giving right to the use of airspace for flight of aircraft over the subject tract. 18) Driveways exiting onto Tank Farm Road shall have the hammerhead configuration. 19) Lots 131, 132 and 133ishall be deleted and two additional lots dedicated to park (insert location on map). 20) Maintenance road along North portion of the creek shall be improved in a manner suitable for the park. 21) A 10 foot pedestrian way shall be constructed between Alemany Way and Mariano Drive. The pedestrian way may be used for loop water system and shall be improved in accordance with standards established by City Engineer and Planning Director. D. Williamson, Assistant Administrative Officer, commented that the location of the proposed single family subdivision lying adjacent to an industrial zoning with some industrial development and also adjacent to an industrial zoning with some industrial development and also adjacent to the main line of the Southern Pacific Railroad Track, he felt that this type of zoning where the single family residences sur- rounded by industrial, without any type of buffer zone, was in error. He felt that this should be restudied and that the zoning should be carefully reviewed. 1 1 LJ City Council Minutes December 17, 1973 Page 11 Councilman Norris stated that he was in favor of the development although he agreed he would rather see a better buffer zone along the railroad right'of way. He felt,that the entranceway thru the industrial development could be made attractive and both uses could live compatibly. Phillip Kamerer, representing the Hofmann Co., discussed the proposed development of Tract 496. He explained the effect the zoning for the adjacent industry would have on their property, and that they would accept any conditions placed by the City Council to improve the en- trance to the residential subdivision thru the industrial zone. Councilman Brown stated that he could see two problems for the develop- er. One was the railroad right of way proximity he felt was too bad as it was at grade, or quite close to grade, and he felt that at least 10 foot earth embankment should be placed between the railroad and the residence in order to make for a better living environment. He also felt that the heavy traffic from the development to Broad Street thru the industrial area front +ng on Tank Farm Road would make this a terribly congested access and the number of conflicts between residential transportation and commercial vehicles. Councilman Graham stated that he agreed with the comments for the installation of an earthen barrier along the railroad right of way in order to protect the single family development to the west, although he also felt that possibly a heavy growth of trees or shrubs could be added on a lower bank for the same advantage. Councilman Gurnee questioned this development due to the conflict of zoning - industrial versus residential. He also questioned the ' proximity of the main line of the railroad to this development. He also felt that this residential development was too far out of town for good living environment. He felt that the development was premature and it should not be allowed. Another point to consider, he felt, was the cost that would be visited on the City for the extension of utilities, street improvements and other public services, which were not known at this time, and felt should be considered prior to being allowed to develop. Councilman Norris stated that he was in favor of the development and would accept an offer from the developer to have a noise study made, as it involved the railroad right of way. Mayor Schwartz felt that this tentative map was a poor plan, felt the railroad and industrial zone were incompatible with residential development. He felt that running a major thoroughfare from Broad Street to Johnson Avenue was unacceptable for residential development as designed; felt that the railroad also presented a problem that had not been answered by this particular plan; felt that the overall plan was not acceptable or desirable for residential living. He also felt that there were no provisions for school growth or other amenities and that he would oppose the tentative map as presented and recommended by the Planning Commission. Moved by Councilman Gurnee to deny the tentative map of Tract 496 as presented December 17, 1973. Motion lost for lack of a second. On motion of Mayor Schwartz, seconded by Councilman Brown and with the consent of the developer, that the tentative map of Tract 496 be resub- mitted to the Planning Commission for consideration of redesign by the developer. Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham and Norris and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None City Council Minutes December 17, 1973 Page 12 16. Communication from Universal Auto Parts Co.,_ Inc.., communi- cation from San Luis Auto Parts and the General Electric Appliance Center regarding the shortness of time allowed in the loading zones in the downtown area. While they recognized that the City was attempting to correct a problem in the loading zones downtown, the Police Department was enforcing it too literally, when they gave tickets when no action was taken for 5 minutes. They felt that this 5 minute time was just not enough to get business done, trucks un- loaded or loaded in the downtown area.. They asked that the City Council reconsider their action in an attempt to clear up what they feel is an inequity and an unfair consideration. R. D. Miller, Administrative Officer, presented for the City Council the recommendation of the Traffic Committee and the subcommittee on central business district loading zones dated June 28, 1973, which stated in part that all loading zones be strictly enforced and that vehicles which showed no activity while standing or loading for a period of 5 minutes or more be ticketed and also other recommenda- tions such as increasing the fine for double parking, etc. D. F. Romero, City Engineer, explained the provisions of the ordinance recently adopted by the City Council dealing with loading zones. Police Chief E. Rodgers suggested that the City Council take no action at this time but wait until after January 1 to see the results of the new ordinance on loading zone time limits and whether any changes should be made. Sol Brownstein, Mobile Electronics, objected to the over zealous Police who ticketed service people after 5 minutes had elapsed in loading zones. He felt that the Police were picking on him particularly by giving him an excessive amount of tickets. He explained that when he went to pick up a T.V. set in a business downtown, he parked in a loading zone as he had a commercial vehicle and that sometimes it took more than 5 minutes to just get the T.V. set loaded, disconnected and out of the street into his truck and the same when he redelivered the set. He asked for some consideration by the Council. R. D. Miller, Administrative Officer, explained the exemption historically given to service people by the City of San Luis Obispo, who might park in meter zones without payment, if they would just place a work order on the windshield of the service truck, so that the Police Officers could see that it was a legitimate service call and not a coffee stop or shop- ping stop. It was the common consent of the City Council that the Police Department double the minimum time to 10 minutes instead of 5 minutes for inactivity and to continue to allow the policy of parking in meter zones when a work order was placed on the windshield. 17. Communication from R. N. P,acouillat, Attorney for M.J. Smith, asking the City Council whether the restrictions now embodied in Ordinances 568 and 586, the building moratorium ordinances, would be continued after November 1, 1974. The fact that these two ordinances were scheduled to terminate on November 1; 1974 was not pertinent to his question. The question was whether or not the building moratorium restrictions would continue after November 1, 1974 by any means by the adoption of new ordinances or the continuation of existing ordinances. He asked that the City Council make the following findings: 1) It is the present intention of the City Council of the City of San Luis Obispo not to remove the restrictions embodied in Ordinances 568 and 586 prior to November 1, 1974. 1 J 1 City Council Minutes December 17, 1973 Page 13 2) The City Council certifies that it cannot with any degree of accuracy state when the building moratorium . affecting Mr. Smith's property will be lifted. This information was needed by Mr. Racouillat as a part of an appli- cation for reduction in the assessed value of the M.J. Smith property, under the Section 1630 of the California Revenue and Taxation Code. A. J. Shaw, Jr., City Attorney stated that he did not think that the Council could answer the questions as presented without additional information from the staff. The request was referred to the City staff for study, analysis and report to the City Council on January 7, 1974. C -1. Claims against the City of San Luis Obispo for the month of December. Payment authorized subject to approval by Administrative Officer. C -2. Approve contract payment for Mid -State Construction Co. addition to the Senior Citizen's Center $11,357.94. C -3. Memo from R. D. Miller, Administrative Officer recommending methods of streamlining Council agenda procedures approved. C -4. On motion of Councilman Gurnee, seconded by Councilman Norris, the following ordinance was introduced: ORDINANCE NO. 602, an ordinance of the Council of the City of San Luis Obispo to amend water billing procedures in the Municipal Code. ' Passed to print on the following roll call vote: AYES: Councilmen Gurnee, Graham, Brown and Norris and Mayor Schwartz NOES: None ABSENT: None C -5. Communication from M. Frank Eulau, San Luis Transporation, Inc., requesting taxicab meter rate increase, paragraph 1 referred to the City Clerk's staff. Paragraph 2 - Advertising revenue - referred to City Clerk's staff. Paragraph 3 - Dial -a -ride, referred to the Mass Transit Committee for report and recommendation. C -6. R. D. Miller, Administrative Officer, announced the promotion of Fireman Ralph F. Hunt to Fire Captain, effective January 16, 1974 at the third step of $1,070 (including educational incentive) with recommendation that he be considered for advancement on an annual basis. Promotion is subject to one year's probationary period in the new position. Promotion acknowledged and salary recommendation approved. C -7. R. D. Miller Administrative Officer, announced the appointment of Steven F. Hudson to Maintenance Man II in the Park Department (tree maintenance division) starting at Step 1 or $636, effective December 167 1973. Appointment is subject to one year's probationary period. Appointment acknowledged and salary recommendation approved. City Council Minutes December 17, 1973 Page 14 C -8. Council approved salary step increases effective January 1, 1974 as follows: Lee V. Cunningham - Police Officer From Step 2 or $860 to Step 3 or $910 Frank A. Goodwin - Police Officer ' From Step 1 or $816 to Step 2 or $860 Gary H. Grant - Juvenile Officer From Step 4 or $1,100 to Step 5 or $1,160 Rudolph C. Muravez, Jr. - Accountant /Operations Officer From Step 2 or $934 to Step 3 or $988 Marsha C. O'Neal - Typist -Clerk II From Step 1 or $506 to Step 2 or $536 Mary M. Orth - Parking Enforcement Officer From Step 1 or $600 to Step 2 or $636 Duncan L. Osborne - Fireman From Step 1 or $722 to Step 2 or $816 C -9. Report of City Engineer on progress of construction and design projects was ordered received and filed. On all items except C -4, approved on motion of Councilman Gurnee, seconded by Councilman Norris on the following roll call vote: AYES: Councilmen Gurnee, Graham, Brown and Norris and Mayor Schwartz NOES: None ABSENT: None B -1. City Clerk reported on the following bids received for MEADOW PARK, PHASE III, City Plan No. 22 -74 (Parking Lot, Utility Road, and Basketball Court). Bidder Bid Engineer's Estimate $19,129.75 Conco $15,740.25 San Luis Obispo R. Burke 15,907.00 San Luis Obispo A. J. Diani 18,029.55 Santa Maria Gus Howie 18,910.50 San Luis Obispo , Ted Watkins 21,768.50 Paso Robles Accept the low bid of Conco of $15,740.25 on motion of Councilman Gurnee, seconded by Councilman Norris. City Council Minutes December 17, 1973 Page 15 B -2. City Clerk reported on the following bids received for - Street Sweeper for the City of San Luis Obispo, per advertised specifications: NIXON- ENGLI-EQUIPMENT BID $19,850.00 12030 Clark Street less trade 500.00 Santa Fe Springs, CA NET 19,350.00 DEARTH MACHINERY CO. BID $21,900.00 14340 E. Arrow Highway less trade 1,525.00 Baldwin Park, CA NET 20,375.00 GAR WOOD -L.A. TRUCK EQT. INC. BID 21,501.50 811 South Stimson Ave. less trade 1,000.00 City of Industry, CA NET 20,501.50 DEVIATIONS FROM CITY SPECIFICATIONS NIXON -EGLI EQUIPMENT Dietz #240 Amber flasher in lieu of Dietz #526 Delivery to be 120 days after receipt of order DEARTH MACHINERY CO. Delivery to be SO days after receipt of order GAR WOOD -L.A. TRUCK 1 - MB Cruiser II, dual 4 wheel sweeper EQT. INC. (deviations: single control) Delivery to be six months after receipt of order On motion of Councilman Gurnee, seconded by Councilman Norris that the low bid of Nixon Egli Equipment Co. be accepted for $19,350. On motion of Councilman Brown, seconded by Councilman Graham, the meeting adjourned. APPROVED: March 4, 1974 H. PATRICK, CITY CLERK 1