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HomeMy WebLinkAbout01/04/19771 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 4, 1977 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call PRESENT: Councilmen Petterson, Graham, Gurnee, Norris and Mayor Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Allen Grimes, City Attorney; Rob Strong, Director of Community Development; Jim Stockton, Acting Park and Recreation Director; Rudy Muravez, Finance Director; Roger Neuman, Police Chief; Dave Romero, Director of Public Services; and Bill Flory, Grants and Special Project Manager Miss Lori Magel, American Friends Service Exchange Student, presented greetings from the Mayor of her home town Independence, Missouri, and a small token of remembrance. Mayor Schwartz thanked Miss Magel on behalf of the City Council. 1. The City Council held a public hearing on Resolution No. 3191 (1976 Series, a resolution of intention-to grant a franchise for the collection and disposition of solid waste to the San Luis Garbage Company for a term of ten (10 years. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the granting of a franchise to the San Luis Garbage Company. Mayor Schwartz declared the public hearing closed. There being no discussion on the part of the Council, on motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced: Ordinance No. 692 (1977 Series), an ordinance of the City of San Luis Obispo granting a franchise for the collection and disposal of solid waste in the City to San Luis Garbage Company for a period of ten years. Introduced and passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: None At this time the City Council considered the Consent Item portion of the Agenda. CONSENT ITEMS C -1 On motion of Councilman Norris, seconded by Councilman Petterson, the claims against the City for the month of January, 1977 were approved and ordered paid subject to the approval of the Administrative Officer. C -2 On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3214 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Monterey Bay Area Regional Training Center for participation in the Regional Training Center's Program. City Council Minutes January 4, 1977 Page 2 Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -3 On motion of Councilman Norris, seconded by Councilman Petterson, the agreement between the property owners of property at the intersection of Johnson Avenue and San Luis Drive was approved. Motion carried, all ayes. C -4 On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3215 (1977 Series), a resolution of the Council of the City of San'Luis Obispo approving an agreement between the City and Pacific Gas and Electric Company for mutual use of a utilitv easement. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -5 On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3216 (1977 Series), a resolution of the Council of the City of San Luis Obispo authorizing filing ' of nomination form with the California Public Utilities Commission for estab- lishing a position of the P.U.C. Priority List for grade separation funding, 1977 -78, under the terms.of S2452 of the Streets and Highways Code (South Street Grade Separation). Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3217 (1977 Series), a resolution of the Council of the City of San Luis Obispo authorizing filing of nomination form with the California Public Utilities Commission for establishing a position of the P.U.C. Priority List for grade separation funding, 1977 -78, under the terms of S2452 of the Streets and Highways Code (Orcutt Road Grade Separation). Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Gurnee, seconded by Councilman Graham that the memo from Wayne Peterson, City Engineer, recommending that a recent request for a crossing guard at Pismo and Nimpomo Streets be denied and that parking be prohibited on the north and south sides of Pismo Street for a distance of 60' easterly from the easterly side of Nipomo Street be set for public hearing on January 18, 1977. Motion carried, all ayes. n 1 City Council Minutes January 4, 1977 Page 3 C -7 On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3218 (1977 Series), a resolution of the Council of the'City of San Luis Obispo approving an agreement between the City and the Office of the State Architect for relocation of a water main near Cal Poly. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -8 On motion of Councilman Norris, seconded by Councilman Petterson, that the request of a vacancy on the Design Review Board be filled as soon as possible was ordered received and filed. Motion carried. C -9 Claim against the City by Agatha An; 347 Jeffrey Drive, for alleged injuries sustained when she lost her footing and fell at 817 Palm Street was denied and referred to the insurance carrier on motion of Councilman Norris, seconded by Councilman Petterson. Motion carried. C -10 R.D. Miller, Administrative Officer, announced the following appointments: A. Richard M. Fisher to the position of Maintenance Man II beginning 1/1/77 at Step I or $802 per month subject to a one -year probationary period. B. Paul D. Camp to,the position of Maintenance Man II beginning 1/1/77 at Step 2 or $844 per month subject to a one -year probationary period. C. Steven W. Miller to the position of Police Officer beginning 1/1/77 at Step 1 or $1008 per month subject to a one -year probationary period. C -11 On motion of Councilman Norris, seconded by Councilman Petterson, the following contract pay estimates and change orders were approved: Baker Corporation SOUTH STREET SEWER LINE IMPROVEMENT PROJECT C.P. 465 -77 Fred Julien & Associates TERRACE HILL /BISHOP STREET WATER TANKS C.P. 463 =76 Fred Julien & Associates McMILLAN ASSESSMENT DISTRICT C.P. #15 -76 A.A. Portanova & Son, Inc. CROSSTOWN FEEDER, PHASE II C.P. 4611 -76 Est. 461 $ 4,981.50 Est. 463 3,870.00 Est. 464 FINAL 430.00 (2/21/77) Est. 462 17,404.52 Est. 443 76,039.73 Southern Pacific Milling Co. Est. 463 FINAL 3,136.44 (2/21/77) STREET RESURFACING PROJECT C.P. 4612 -77 Southern Pacific Milling Co. STREET RESURFACING PROJECT C.P. 4614 -77 Motion carried, all ayes. Est.-464 FINAL 4,972.53 (2/21/77) City Council Minutes January 4, 1977 Page 4 AWARD OF BIDS B -1 The City Council considered the report of the City Clerk for bids received for "TRANSIT SYSTEM ", bids opened December 27, 1976 at 10:00 a.m. One bid received from the San Luis Transportation Company in the amount of $1.64 per route mile. On motion of Councilman Gurnee, seconded by Mayor Schwartz; the bid was continued until the January 19, 1976 Council meeting for prior study by the Transit Committee and recommendation and also for consideration of developing City owned equipment and the cost involved, timing, etc. Motion carried, Councilman Gurnee voted no, all others voted aye. B -2 The City Council considered the City Clerk's report of bids received to "DEMOLISH BUILDING AT-SOUTHEAST CORNER OF HIGUERA AND SANTA ROSA ", bids opened Tuesday, December 28, 1976 at 2:00 p.m. as follows: 1. Melcher Construction Company $ 4,750.00 1415 Smith Street San Luis Obispo, Calif. 93401 2. McGray Construction Company $ 8,952.00 P.O. Box 348 Santa Maria, Calif. 93454 3. Conco Engineering Company $139500.00 P.O. Box 511 San Luis Obispo, Calif. 93401 Staff recommended that the bid be awarded to the Melcher Construction Company in the amount of $4,750.00. On motion of Mayor Schwartz, seconded by Councilman Graham, the bid was awarded to the Melcher Construction Company in the amount of $4,750.00. Motion carried, all ayes. 2. The City Council held a public hearing on the recommendation of the Planning Commission to rezone the rear portion of 590, 618 and 630 Felton Way and all of 573, 579, 585 and 591 Highland Drive from R -1 to R -2 -S. Councilman Petterson left the meeting room after stating that there was a possible conflict of interest in this matter. 1 1 Rob Strong, Community Development Director, presented the recommendations of the Planning Commission for.the recommended rezoning. He reported that the property in question was currently undeveloped, that the R -2 rezoning requested was consistent with the both the adopted and the.proposed General Plan. 'Further, the rezoning would not involve any adverse environmental impacts and was granted a negative declaration by the E.R.C. He stated area residents appeared at the Planning Commission concerned about potential increased parking and traff-ic problems on Highland Drive. The Commission recommended designating the site R -2 -S; use permit for site plan approval would be required for any project on the site, particularly for parking, circulation, building scale, privacy and design character. Also they felt the rezoning would create a logical transition between the existing adjacent R -1 and R -3 zoning. Mayor Schwartz declared the public hearing open. Alf Starkie, 590 Felton Way, property owner, spoke in support of the recommended rezoning stating he felt that the change was a reasonable one and would be con- sistent with the adopted General Plan, would have no significant environmental impact, and would create a logical transition between the existing R -1 and R -3 zones. He.also felt that the drainage would be improved, and through the S classification, parking and traffic could be controlled, as would privacy. On behalf of he and his neighbors, he recommended that the City Council support the recommendation of the Planning Commission. City Council Minutes January 4, 1977 Page 5 Archie Lux, 618 Felton Way, also spoke in support of the Planning Commission's recommended rezoning, felt it would make better use of the land and through the 'S' classification, better controls would be had by the Planning Commission. Pat Anderson, 541 Highland Drive, strongly objected to the rezoning of the property._in question on the basis of noise and fumes from the additional traffic in the area and the increased density that could be allowed on this small area of land. While she agreed that the property owners should be ' allowed to reap a financial profit from their land, she did not feel that the City should allow this to the detriment of the neighbors and adjacent property owners. Bruce Tjaden, 318 Highland Drive, objected to the Planning.Commission's recommended rezoning to more intensive density into a nice residential, single - family neighborhood. He felt that this would only be an invitation to adjacent property owners to request higher densities in order to reap higher financial rewards from these densities. He felt that the whole proposal was a continued object of poor planning by the City and did not feel that the City was aware of the effect that the proposed development would have on the neighborhood. He strongly objected to this rezoning. Gil Stork, 542 Highland Drive, opposed the proposed rezoning change.- He felt it was premature and another act of poor planning by the City. He also felt that the increased density would make traffic intolerable. Ms. Newland, 569 Highland Drive, opposed the proposed rezoning. She felt that the intrusion of R -2 densities in this neighborhood was poor planning. John Newland, 569 Highland Drive, opposed the intrusion of higher density in a single - family neighborhood. He felt that apartments with additional traffic and noise would down -grade family living in the area. ' W.E. Hansen, 557 Highland Drive, opposed the rezoning. He felt that the City should protect the families living in single - family areas from constant intrusion into their area from higher densities with higher attendant lowering of the quality of life in the neighborhood. Lee Hansen, 557 Highland Drive, opposed the rezoning. She felt that prior rezoning to higher densities had proven detrimental to single family living in the area,.proven by the request at the time the property's owner adjacent to the existing R -3 zone were rezoned over the objection of the neighbors. Mr. Stansfield, 653 Stanford Drive, opposed the rezoning as proposed. He felt a dangerous intrusion into a fine single - family neighborhood existed. Alf Starkie, property owner, again appeared on behalf of his requested rezoning. He felt that the R -2 zone requested was a good buffer zone to pro- tect single - family residences. He felt that the other comments were not germain to the matter of the rezoning. Archie Lux, property owner, again supported his requested rezoning. He felt that proper City enforcement would reduce any additional traffic problems in the area. He also felt that the 'S' designation would protect the neighborhood from over - building. Gil Stork, again spoke in opposition of the rezoning. ' Don Smith felt that the requested rezoning should be continued until the General Plan was completed and that some better City planning be done in the future. Mayor Schwartz declared the public hearing closed. The City Council and Planning Staff discussed the impact and legal definition of what is the power of the General Plan in its effect on the zoning map. Rob Strong, Community Development Director, again reviewed for Council consider- ation, the considerations given this rezoning by the Planning Commission and staff. City Council Minutes January 4, 1977 Page 6 Councilman Gurnee stated that he was opposed to the recommended rezoning but would be willing to reconsider the matter later when the General Plan was adopted. He felt that this proposal was-a further intrusion of high density into an area that was wrong and zoning should stay R -1. Councilman Norris stated he would support the recommended rezoning and that he agreed with the buffer zone concept with the 'S' designation. He felt that any higher densities would be supported by him as additional housing was needed in the City and the neighbors would have to live with this problem. Councilman Graham did not feel the recommended rezoning was the best use of the land and he could not support its rezoning but he would support a planned develop- ment type proposal in order to see what the effect on the neighborhood and the people living in the area would be. Mayor Schwartz stated that he did not feel that the recommended rezoning was very bad on the neighborhood as the .'S' designation protected privacy, noise, height of buildings, etc., which he felt was better than what could be built under the existing R -1 zone. He felt that under the recommended rezoning, better and more compatible units could be developed. .Although density would be higher, he felt good design could make this matter negligible. He did not feel that the planned development proposal was viable due to the fact that all three parcels were owned by separate individuals and that the City could not force three separate property owners to cooperate and to develop a specific plan. He also felt that the neighborhood, with a little study, could have seen that the City had always felt that this area was meant for higher density. He continued that the plans for the City rezoning were always available and that the property owners should make themselves available and knowledgeable of what was going on in the community. He closed by saying he felt the recommended rezoning was reasonable and he would support it. Councilman Gurnee moved that the City Council deny the recommended rezoning without prejudice, pending submission of the Planned Development R -1 zone by the property owners. Motion died for lack of a second. . Councilman Graham moved that this rezoning be denied without.prejudice pending submission of a Planned Development R -2 proposal by the property owners. Motion died for lack of a.second. On motion of Councilman Norris, seconded by.Mayor Schwartz, that the recommended rezoning be approved as presented by the Planning Commission, with the condition that the use permit not exceed 12 units per acre or R -2 density as approved by the General Plan. Motion lost on the following roll call vote: AYES: Councilman Norris and Mayor Schwartz NOES: Councilmen Gurnee and Graham ABSENT: Councilman Petterson On motion of Councilman Gurnee, seconded by.Councilman Graham, that this matter be resubmitted to the Planning Commission to reconsider the rezoning with the directive that the density not exceed 12 units per acre and.that ' the development be authorized only on a planned development basis, R -2, with cooperation of the three property owners. Motion carried on the following roll call vote: AYES: Councilmen.Gurnee, Graham and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Petterson City Council Minutes January 4, 1977 Page 7 9:15 p.m. Councilman Petterson took his place at the Council table. 9:15 p.m. Mayor Schwartz declared a recess. 9:30 p.m. The City Council reconvened with all Councilmen present. 3. The City Council held a public hearing on the Pre - application for a Community Development "Block Grant" for Federal Assistance pursuant to Title I ' of the Housing and Community Development Act of 1974 (public hearing continued from 12/21/76). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Mayor Schwartz, seconded by Councilman Gurnee, the following resolution was introduced' No. 3209 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving the submission of a pre - application for Federal Assistance for the Community Development Block Grant Program of the Department of Housing and Urban Development and authorizing the Mayor to sign same. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and .Mayor Schwartz NOES: None ABSENT: None 4. The City Council held a public hearing on the Environmental Impact Report for the Proposed Upgrading and Expansion of the Wastewater Treatment Plant of the City. Rob Strong, Community Development Director, reported to the City Council that at.their meeting of November 4, 1976, the Planning Commission determined that the final environmental impact report for upgrading and expansion of the City's Wastewater Treatment Plant was adequate and recommended Alternate E for Council consideration. However, after this action further comments on the E.I.R. were received and at their meeting of December 15, the Commission decided to reconsider the recommendations of Alternate E with the benefit of further public comment and consultant response thereto. He stated the Planning Commission and staff concurred in recommending the Council action on the E.I.R. and that selecting a preferred project alternative be continued until the Commission can hear additional testimony and make its final report. D.F. Romero, Public Services Director, reviewed with the City Council a communi- cation and presentation from Jenks and Harrison, Consulting Sanitary and Civil Engineers, on the project report and environmental impact report on Wastewater Treatment, Disposal and Reclamation and stated as operator of the Treatment Facility, it was his recommendation that Alternate E be adopted since this alter- nate provides less operational cost and was more reliable. He stated that Alternate.G,.a disposal of treated effluent to Laguna Lake would cost a total ' of $630,000 more than Alternate E, which was a continuation of disposal to San Luis Creek. The City's share of the additional cost to Laguna Lake would be $79,000 which would result in an increase of 89C per year on each sewer connection. Mayor Schwartz declared the public hearing open. Michael Hogan, President of Earth Metrics, Inc., consultant for the Waste- water Treatment Plant, reviewed the E.I.R. as presented to the City Council, Planning Commission and staff. He reviewed briefly the complete operation of the wastewater treatment plant and how it handled the wastewaters coming from the City of San Luis Obispo and also reviewed the various alternatives for City Council Minutes January 4, 1977 Page 8 development of the enlargement proposal. Alternate A was a treatment to a level required for meeting minimum state and federal standards for secondary treatment which includes a holding lagoon, stand -by power and dechlorination facilities and disposal would.be to the ocean at San Luis Obispo Bay through a 40,000' pipeline and outfall. Alternate E would be a treatment to a level equal to that required by the State Health Department for discharge to a non- restric:tec restricted recreational impoundment_ and all forms of irrigation includes hold- ing lagoons, stand -by powet and dechlorination facilities, in addition to implementation of a source control program. Discharge would be to the creek ' as at present. Alternative G would be a treatment the same for Alternate E with effluent disposal to San Luis Creek during the winter months and discharge to Laguna Lake and irrigated lands in the dry season. He reviewed the major impacts on each proposal, the advantages and disadvantages, the cost estimates and cost of maintaining the alternatives. The City Council then discussed with the staff individual items brought up in the E.I.R. regarding the Wastewater Treatment Plant. The City Council considered a recommendation from Foster M. Gruber, Consulting Engineer, supporting the Alternate G to the Wastewater Disposal Plant which would replenish Laguna Lake during the dry season and maintain a constant level in the lake, which would also provide sufficient yater for the sprinkling of park and golf course. grounds and insuring irrigation water for adjacent private agriculture so that the lake level was not unduly lowered during the dry months. He felt the cost attributed to the adoption of Alternate G in the wastewater . disposal plan might be more nearly in the area of $250,000 or less rather than the proposed.staff amount of $500,000 depending upon which combination of suggestions herein.might be adopted. It appeared the City was willing and able to expend capital funds to acquire land outside the City limits for future scenic and recreational purposes. He requested that the City place the same emphasis on improving or at least maintaining an existing scenic /recreational area within the City. Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Petterson, that the City Council find -the E.I.R. for the Wastewater Treatment Plant as adequate and order received and filed. Motion carried, all ayes. D.F. Romero, Public Services. Director and Project Supervisor for the Waste- water Treatment Plant, reviewed with the City Council Chapter 2, Summary and recommendations of the Draft Project Report. He reminded the City Council that they determined on June 22 that the expansion would follow the Department of Finance projection of 50,824 people.rather than the staff and consultant recommendations of 55,200 population. He then reviewed the engineer's report for the City Council stating that 1) the project report including revenue program, financing plan, infiltration, inflow analysis and the separate environmental impact report be approved by the Council for submission to the State Water Resources Control Board in fulfillment of.requirements for facility planning prerequisites to state and federal agencies, and 2) the City initiate a request to the Central Coastal Regional Water Quality Control Board to modify waste discharge requirements as set forth in Chapter 6 and the Federal NPDES permit to permit meeting the new requirements through construction of the proposed project on the basis of being the most cost effective and beneficial to the public. He also recommended that the.Council defer a decision at this time on either Alternate E or G. Ken Jones, Executive Director of the Regional Water Quality Control Board, recommended the reclamation Alternate G be accepted. He did not feel that Alternate G would receive high priority for federal grant funds although he personally..would support the reclamation scheme as a good one for the community. He concurred that the Council should accept the project report as submitted and defer a decision on Alternate E and G until a later date. City Council Minutes January 4-,'1977 Page 9 James Maino, downstream property owner, supported both the E.I.R. and.the Waste- water Treatment Plant Project Report and.urged the Council to leave most of the water for the downstreams users. He then submitted a report he prepared for the Planning Commission urging more water for the downstream users. He also proposed and recommended that the City Council adopt Alternate E as that would guarantee downstream users more water and was opposed to the Laguna Lake Alternative. On motion of Councilman Gurnee, seconded by Councilman Petterson, that the City Council adopt the consultant's project report as submitted, authorize the filing of the necessary project report and E.I.R. with the State Water Resources Control Board, also initiate a request to the Central Coastal Regional Water Quality Control Board to modify the waste discharge requirements. The Council would defer a decision on Alternates E and G at this time. Motion carried, all ayes. 5. Councilman Petterson, on.behalf of the Planning Commission Membership Subcommittee, recommended that Mr. Dean Miller and Ms. Barbara Kraus be appointed to the Planning Commission to fulfill the terms of persons who have resigned, Dean Miller's term to expire 6/30/79 and Ms. Barbara Krauss term to expire 6/30/77. On motion of Councilman Norris, seconded by Councilman Petterson, that the recommended appointments be made to the Planning Commission. Motion carried, Councilman Graham voting no. 6. Terry W. Connor, Manager of SORT (Separating of Office and Residential Trash), a multi- faceted recycling program, submitted a report and slide presenta- tion on the progress of this program to date. He stated-this program was .a joint cooperative program between-the County of San Luis Obispo, the Federal Government, the City of San Luis Obispo and Franchise Agent, San Luis Garbage Company, would initiate a program of sorting recyclable from the garbage and trash starting in the Spring of 1977. He asked that the City Council 1) direct the staff to investigate switching from a multi -color office paper to a one -color system so that paper could be recycled, 2) requested that the City Council take a strong stand in supporting all phases of Project SORT and to offer a formal proclamation at the proper time, 3) requested that the Mayor co- author with proper County officials a personal letter to be distributed to the Community, to be published in the newspaper and distributed to the other media at the beginning of the week immediately preceding start -up of collection, and 4) upon demonstration that the success of Project SORT to supply co- recommendation with the County for other incorporated cities and special garbage districts to implement similar recycling programs. Mayor Schwartz thanked-Mr. Connor on behalf of the City Council stating that the City Council had already gone on record.as supporting Program SORT and stated they would cooperate in.any way to make the project successful. 7. The City Council considered the Final Tract Map No. 500, Southwood Village Condominiums (1330 Southwood Drive), Don Stickler and Jack Westerman, applicants. On motion of Councilman Gurnee, seconded by Councilman Petterson, the follow- ing resolution was introduced: Resolution No. 3210 (1977 Series), a resolution of Council of the City of San Luis Obispo approving the final map of Tract-No. 500. ' Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None. 8. - The City Council considered approval of Minor Subdivision No. 76 -176, Martin Polin, applicant (774, 790 and 796 Foothill Blvd. and 219 North Chorro Street, C -N zone). City Council Minutes January 4, 1977 Page 10 Rob Strong, Director of Community Development, reviewed for.the City Council the action to date by the Planning Commission and recommended that the City Council approve Minor Subdivision No. 76 -176, subject to the following four findings and 2 conditions: Findings 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development , permitted by the C -N zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of.the proposed dubdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. Conditions 1. All lot-corners shall be staked by a registered civil engineer or licensed surveyor. 2. Street trees shall be provided on all North Chorro Street frontage per City Public Services Department approval. On motion of Councilman Gurnee, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3211 (1977 Series), a resolution of the Council of the City of San Luis Obispo granting tentative approval of Parcel,Map No. 76 -176, Martin Polin, applicant. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee,.Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 9. The City Council considered the resolution authorizing the Attorney to begin condemnation proceedings against Leonard Blaser for a 6' strip along Southwood Drive. Wayne Peterson, City Engineer, reported to the City Council that since the preparation of the agenda and the request for condemnation proceedings that an agreement had been reached with the developer and that he was agreeable to the City acquiring the property for the value as recommended by the City staff or $1,750 plus consideration at some future date for a small piece_ not involved in this parcel at no charge to the City. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3219 (1977 Series), a. resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Johnson Highlands, Inc. for City acquisition of property for street purposes on Flora Street extension. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None 10. The City Council considered the Final Tract Map No. 575, Tres Hermanos Park located on Sacramento Drive, Richard Burke, applicant. Wayne Peterson, City Engineer, reviewed for the City Council the final map of Tract 575, and subdivision agreement, particularly the special conditions established by the Planning Commission for the development: City Council Minutes January 4, 1977 Page 11 1. The developer shall pay to the City the sum of $9,601.50 for connection charge to the City.water system. 2. The developer shall pay to the City the sum of $4,096.40 for connection charge to the City sewer system. 3. The developer shall include in his bond with the City the amount of $3,11.39 ' to guarantee the installation of street trees, amount to be released to developer upon completion of the planting of the subdivision street trees by the developer and acceptance of the work by the City. 4. The developer shall deposit with the City a cash bond in the amount of $1,500.00 to assure the final monumentation of the subdivision. Said deposit will be released to the developer upon receipt by the City of a letter from the surveyor indicating he has completed the work and has been paid. 5. The developer shall a11ow..theiCity to be reimbursed for plan checking costs. The actual cost of plan checking cannot be determined at this time. The plan checking costs will be transferred from the inspection deposit account when it is finally determined. If, upon completion of the subdivision, there is insufficient funds in the inspection account, the developer shall be obligated for the balance prior to acceptance of the improvements by the City. 6. Grading permit fees in the amount of $275.00 shall be deposited with and treated as normal subdivision inspection fees. 7. The developer shall plant all slope banks with an approved planting and maintain this planting so as to have a good ground cover prior to acceptance of the work. 8. S.P.R.R. costs to be paid by City. Developer Burke to repay City. 9. The developer shall reserve and grant to the City a 1.00 foot non - access strip along the westerly boundary of Sacramento Drive (Parcel A). The City will deny access over this strip until the subdivider of Tract 575 has been paid the cost of the street improvements for a 12.00 foot strip along Sacramento Drive. The subdivider shall be entitled to reimbursement for sewer costs as is.specified under Section 7500.7 of the San Luis Obispo Municipal Code. The subdivider shall be entitled to reimbursement for water costs as is specified under Section 7410.7 of the San Luis Obispo Municipal Code. The subdivider shall be entitled to reimbursement based on the cost of the twelve inch (12 ") water line. On motion of Councilman Gurnee, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3212 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving the final map of Tract No. 575, Tres Hermanos Park, Richard Burke, developer, and accepting deeds of easement and indenture from the Southern Pacific Railroad Company. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson, and Mayor Schwartz NOES: None ABSENT: None 11. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3213 (1977 Series), a resolution of the Council of the City of San Luis Obispo pledging City staff cooperation with County in developing site plans for County capital facilities. Passed and adopted on the following roll call vote: City Council Minutes January 4, 1977 Page 12 AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Graham, the meeting adjourned to 12:10 p.m., Wednesday, January.5, 1977. Motion carried, all ayes. APPROVED: April 5, 1977 J. VItipatrick, City Clerk 1 1