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HomeMy WebLinkAbout07/19/19771 1 Pledge Roll Call City Staff M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 19, 1977 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL PRESENT:. Councilmen Dunin, Gurnee, Jorgensen, and Mayor Schwartz ABSENT: Councilman Petterson PRESENT: J:H. Fitzpatrick, City Clerk;. R.D. Miller., Administrative Officer; Allen Grimes, City.Attorney; Dan Smith, Associate Planner; Jim Stockton ,..Director.of_Parks_and Recreation; Rudy Muravez,.Finance Director; Captain.Englert;Wayne Peterson, City Engineer 1. At this time, the City Council held a public hearing on the report of the Superintendent of Streets.for sidewalk.repairs.and /or improvements on the following properties: OWNER PROPERTY LOCATION COST Arnett & Broadbent 1380. Broad St. (Pismo $12144.00 Street side) C. Cattaneo, etal. 1347 Monterey St. 640.00 R.A. Walker 1401 Osos St. 618.00 Mayor Schwartz declared the public-hearing open...No: one appeared.for or .against the report of the Superintendent of Streets. Mayor Schwartz declared the public hearing.closed.'• On motion.of Councilman. Jorgensen ,.seconded:by..Councilman Dunin, the following resolution.was introduced: :Resolution--No.--3371 (1977 Series), a resolution confirming costs of sidewalk constructions and - repairs under the;1911 Improve- ment Act. . Passed and adopted on the following:roll.call vote: AYES: Councilmen Jorgensen, Dunin, Gurnee, Schwartz NOES: None ABSENT: Councilman Petterson 2. At this time, the City Council held a public hearing on the recom- mendation of the Planning Commission to adopt.a proposed.new sign regulation ordinance for the City of San Luis Obispo. Glen Matteson, Assistant Planner,.reviewed for the:Council.the recommendation of the Planning Commission for the Council to.adopt the sign regulations. He reported that with one.exception.the Planning.Commission found acceptable the changes made by the Council at.a prior public hearing. .The.one exception was the definition of sign area..:The Planning Commission felt it was reasonable to count only the sign.faces visible..at one time.in: determining sign area. This approach differeddfrom the understanding of-the-Council-at the first hearing to count all faces of all.signs in determining total.sign area on a site and to count all faces of a multi -faced sign in determining the area of that sign. He stated that in practice the limits on individual signs would usually be the limiting factor before maximum total area was reached. Concurring. with the basic rationale, the staff thought that.the Council felt the allowed areas were too great, they should deal with the issue and the standards for each district rather than change.the definition. Also at the first meeting on the sign ordinance, the City Council completely eliminated mention of window signs feeling enforcement would be impossible. Temporary window signs had City Council MinoEes July 19, 1977 Page 2 been included as exempt signs, those_not.requiring.a permit and not included in determination of-total sign area, subject to certain limitations. In order to avoid.confusion, the permit and area questions while keeping the City out of potential enforcement nightmares, the Planning Commission suggested including wording,-temporary window - signs.in the list of exempt signs and the City.Attorney indicated.this would be acceptable. He continued that the Council would also notice that on the advice of the City Attorney, :billboards were- not1prohibited. They are allowed by use permit and with ARC-review in the service commercial, CH and tourist commercial, CT zones. Considering the willingness.of outdoor advertising companies to contest attempts at prohibition,.this provision was probably.a good holding position pending.a_Court_ decision now.under appeal. He.concluded that except for these changes..and amendments, the sign regulation ordinance was as previously approved.and.amended . by the City'Council and also - stated that if the Planning Commission had stuck to the recommendation..of size by the City Council, that over 50%.of existing signs in San Luis Obispo would be non - conforming:and.would_ultimately have.to be removed. City Clerk presented a communication from the Environmental Center of San Luis Obispo County recommending the adoption of the sign ordinance with the provisions 1) that the City would strictly enforce the regulations particularly in'regard-.to the amortization of-billboards, 2).they hoped that the amortization_period _ would_be..reduced_as they-understood-that 12 to 15 of these existing non - conforming billboards still had a 10 year life span, and 3) they hoped that in the future, that all concerned parties would be given an opportunity to meet and work out some of the differences-in proposed ordinances prior to public hearing. Mayor Schwartz declared the pbblic hearing open. Dave Garth, Executive Director, Chamber of..Commerce,.presented for the Council's information, a slide presentation -of' existing signs in San Luis Obispo that would be non - conforming under the new ordinance. He urged the City Council to accept the Planning Commission's recommendation on size rather than that proposed by the City Council. Mrs. Rice, League of Women Voters, urged the elimination of billboards within the City but agredd t:ith the Planning Commission's rec- ommendation-to allow them with a use permit until the.Supreme Court had decided in the San Diego case. The League of.Women Voters also accepted the reco- mmendation of the Planning Commission on size. They urged a strong, fair and equitable enforcement program on signs within the City. They hoped that in the future when proposals such as the sign ordinance were made that sufficient time would be allowed to involve people in the program prior to the final preparation of the ordinance. Mayor Schwartz declared the public hearing closed. Councilman Gurnee stated that he felt the sign area recommended by the City Council was best, but that he would support the recommended ordinance as amended by the Planning Commission as he said there was a definite need for such an ordinance. r Councilman Dunin stated he would support the recommendation of the Planning Commission on area of the sign as he felt that signs were part of the economic livelihood of the subject business just as much as a cash register. Councilman Jorgensen stated he felt that he could accept the Planning Commission's definitions for area of signs rather than that proposed by the City Council, as he did not favor making over 50% of the existing signs in the City non= conforming. He also urged strict enforcement by the City for the elimination of non - conforming signs. ..City Council Minutes July 19, 1977 Page 3 Mayor Schwartz stated he also agreed with Councilman Jorgensen and Dave Garth and could accept the area of.signs as proposed by the Planning Commission, although he felt it would be. better for the City to have signs with much smaller area and one sided only. On motion of Councilman Jorgensen, seconded ordinance was introduced and passed to prin an ordinance of the City of. San Luis Obispo repealing.Article Viii, Chapter 5, Sections Article IX, Chapter 7, sign regulations and relating to signs. by Councilman Dunin, the following t:. Ordinance No. 709 (1977 Series), amending the Municipal Code by. 8600 through 8600.16 and adopting repealing all urgency ordinances Passed and adopted on the following roll call vote: AYES: Councilmen,. Dunin,. Jorgensen and Mayor, Schwartz NOES: Councilman Gurnee ABSENT: Councilman Petterson 3. At this time the City Council considered the final adoption of Ordinance No. 708, an ordinance of the City of San Luis Obispo amending the official zone map (to rezone property at 1174, 1178 and 1194 Pacific Street), to P -0 zone. Mayor - Schwartz declared the public hearing open. No one appeared; for or against the proposed final passage of the ordinance.., Mayor Schwartz declared the public hearing closed. On motion of Mayor - Schwartz, seconded. by. Councilman Dunin, Ordinance No. 708 was introduced for passage. Finally passed and adopted on.the following roll call vote: ' AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson 4. At this time the City Council continued their public hearing on the appeal of Mel Smith from a denial by.the Planning Commission of. a Use Permit # U -0608, 144.9 Auto Park Way, P.D. C -H zone, for use as warehouse and office building (Continuation of July 5, 1977 meeting; please see same.meeting.minutes for introduction of this matter). Mayor Schwartz declared -the public hearing. open Andrew Merriam, designer for Mel Smith, again appeared before the City. Council on behalf.of the appeal to allow use permit for .a warehouse and..office, build- ing at 1449 Auto Park Way. He againreviewed all the matters involved in.this development and concluded that there-'.is no auto - oriented business in the area that would be willing to accept the property for their use. Cliff .Shuck of Valley Vintners Wine Processors, potential purchasers of the Smith property under consideration, stated that if the Council upheld the denial, the firm would have to move to some other area and he felt that Santa Maria would be the area they would develop which would force many local citizens to either move with the plant or have to lose their jobs. Councilman Jorgensen stated that he could not support the appeal but felt that until the Council amended the General Plan to make auto related uses Mel Smith, property owner, appeared before the City Council arid, appealed ,for some relief from the Planning Commission'.s action in denying.him. a use permit so that he could realize some return on his land investment. He stated that he had attempted in every way for the past 12 years to expand the.auto use of his- property and he stated that due to the size of the properties and their location that he had been unable to acquire any type of auto - oriented use of develop this property. He again reviewed the list of properties and opera- tors that he had attempted to contact dealing with an auto - oriented business ' to develop this property and had been turned down. For the-Council's infor- mation, he stated that Weaver Motors on Higuera St. at Toro were closing out their business and leaving town and he offered them one of .these locations on Auto Park Way and they refused and he understood that they were moving their operation to Atascadero. Cliff .Shuck of Valley Vintners Wine Processors, potential purchasers of the Smith property under consideration, stated that if the Council upheld the denial, the firm would have to move to some other area and he felt that Santa Maria would be the area they would develop which would force many local citizens to either move with the plant or have to lose their jobs. Councilman Jorgensen stated that he could not support the appeal but felt that until the Council amended the General Plan to make auto related uses City Council Minutes July 19, 1977 Page 4 non - conforming in downtown San Luis Obispo, this PD zoning was inappropriate. If the General Plan were not changed in this entire area of Los Osos Road should be re- studied and reclassified in the General Plan. Councilman Gurnee stated that he could not agree with the property owner that auto related sales were unappropriate. He felt the General Plan policy should be followed and make all auto related business non - conforming in the down- town area and force ultimate removal to the Los Osos Valley Road /Auto Park area. Finally, he stated that he would support the '77 General Plan and uphold the denial by the Planning Commission. Councilman Dunin stated that he would support the appeal of Mel Smith as the City needed new business enterprise in the community which would mean some new jobs, new housing, etc. He hoped the City Council would have some sympathy for a property owner who had paid taxes for such a long time without any return. Mayor Schwartz stated that he would continue to support the action of the Planning Commission in denying the use permit for Mel Smith. The appeal was an inappropriate use of the land.as zoned by the City. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, that the City Council deny the appeal and uphold the recommendation of.the Planning Commission. Motion carried, Councilman Dunin voting no, Councilman Petterson absent. 5. At this time the City Council considered the staff report dealing with parking in the 1100 Block of Marsh St., Higuera St., between Toro and Santa Rosa St., and the 10 -hour parking restrictions in the Pacific Street area. This matter was continued from the July 5, 1977 meeting for additional Council study and review. Mayor Schwartz suggested that the City Council consider the 3 general areas; Pacific Street, Marsh Street and Higuera Street as separate items and suggested they start with the parking restrictions on Pacific Street. City Clerk presented letter to the City Council from the United States Army Recruiting Office, 895 Pacific Street, objecting to the 10 -hour meters in front of their place of business, which were occupied by downtown employees. Communication from the First American Title Insurance Company, located on Pacific Street at Morro Street objecting to the continuation of the 10 -hour parking in this area which was a hindrance to their customers due_to the fact that employees from downtown continually parked in front of_their place of business and urged that the City install 2 -hour meters and enforce 2 -hour. parking. Communication from Cuesta Title Guarantee, 863 Pacific Street objecting to the continuation of the 10 -hour meters which has eliminated any possible parking for customers. They urged that the City go back to the 2 -hour time limits and see that they were enforced. Communication from Lawrence E. Baur, Jr., C.P.A., stating that on Friday morning, July 15, he conducted a survey in the'3 block area of both Pacific and Marsh Sts., between Osos and Garden, and found that there were no available parking spaces and he felt that it was not fair for the City to continue the 10 -hour parking in front of businesses on Pacific Street as it hindered ' the businesses that were there and all it did was to provide fairly reasonable parking for employees and owners of downtown businesses. He urged that the City return to the 2 -hour parking limitation on Pacific Street. Communication from W. Lee Forsyth, 1323 Morro Street, asking for some relief from the City and removing the 10 -hour parking limit in their block between Pacific and Pismo St. They felt that this 10 -hour parking was an imposition on their customers and on their own operation. Communication from Larry V.. Smith, D.D.S., 1312 Garden Street, urging that the City Council eliminate the 10 -hour parking on this block and return to 2- hour parking so that customers would have some opportunity to park near the businesses they wished to visit rather than have private parking for down- town employees. City Council Minutes July 19, 1977 Page 5 Dr. John DeVincenzo, 1312 Garden Street, also asked that the 10 -hour parking-be rescinded in front of his place of business and that at least a minimum of 2 -hour be placed so that customers could attend-businesses without having to go for blocks to park. Communication from Hovis, Sherr & del Campo, 1304 Garden Street, asking that the City Council reconsider their placement of 10 -hour parking meters on both ' sides of the street as this converted the streets to all day parking lots for downtown business employees and left no place for their clients or patients to park. Communication from Neal - Truesdale Insurance, 1301 Chorro Street, asking that the City Council rescind the 10 -hour parking meter limits in front of their place of business so --that their clients could have some place to park and not provide all day parking for downtown business and employees. Communication from Pacific Engineers & Surveyors, Inc., 1326 Chorro Street, asking that the City Council rescind their 10 -hr. parking meters on this block and replace the meters for a maximum of 2 -hour parking so that customers and clients would have an opportunity to do business in this area of the community. Communication from Ron Schmidt, 1307 Chorro Street, asking that the City Council reconsider their prior action of 10 -hour parking and replace it with 2 -hour parking limit so that customers would have an opportunity to do business and call upon business establishments and not provide all day parking downtown for businessmen and employees. The City Council discussed with the staff and the people who submitted letters or made statements dealing with the parking on Pacific Street between Broad and Santa Rosa in an attempt to find a fair and equitable solution to the problem. On motion of Councilman Gurnee-,,seconded by Councilman Jorgensen, that: .1. Two hour parking limits be placed on both sides of Pacific Street between Broad and Osos Street; 2. That a 2 hour limit be placed on the 1200 Block of Broad Street between Pacific and Marsh and the 1200 Block of Garden, between Pacific and Marsh; 3. That 10 -hour parking limits continue in the 1300 Block of Chorro, Morro and Garden Street. Motion carried, Mayor - Schwartz voting no, Councilman Petterson absent. The City Council then considered the recommended parking on the 1100 Block of Marsh - Street between Santa Rosa and Toro and the 1100 Block of Higuera Street between Santa Rosa and Toro. Charles French, property owner, was opposed to the 10 -hour limits as recommended on Marsh and Higuera Streets. He stated that while he provided off street parking for his tenants, he felt that the clints coming to the various businesses leasing from him should have some curb parking for quick in- and -out business transactions. Mayor Schwartz felt that he - would be comfortable with just 2 -hour parking meters on the 1100 Block of both Higuera and Marsh Streets between Toro and Santa Rosa. On motion of Mayor Schwartz, seconded by Councilman Jorgensen, that the City Council delete the recommendations for the 1100 Block of Marsh Street and Higuera between Toro and Santa Rosa for 10 -hour parking meters. Motion carried, Councilman Petterson absent. The City staff was directed to bring back the necessary resolution to imple- ment this directive. 6. Memorandum from R.D. Miller, Administrative Officer, submitted the following recommendations for parking at the City Hall Parking lot: 1. 'Issue permits for the City Hall lot to 5 Councilmen, Mr. Grimes and to 31 full -time employees who bring a car to work regularly or occasionally. This could be done by drawing lots once each fiscal City Council Minutes July 19; 1977 Page 6 year or by seniority. I would prefer the former. (There are 37 spaces available in the lot for this purpose in addition to the 11 official car spaces. 2. Issue permits to 17 other full -time and 20 or so part -time employees, to.be used only in Lot 1 (corner Palm and Morro). If any of the full -time employees in category 1 left the City employ during the year, the next person or persons on the list would move to the City Hall lot. , 3. Install two -hour parking on Mill Street between Morro and Osos with thirty- minute spaces in front of the phone company. This is in agreement with the BIA -staff recommendations. 4. Convert the two spaces on the west side of Osos between the.City Hall driveways to a loading zone to permit deliveries to City Hall and short -time parking for large City trucks or fire engines which could not easily maneuver within the parking lot. This is in agreement with staff and with employee association recommendations. 5. Convert the first space south of the driveway on the west side of Osos to a free handicapped space. This is in addition to the more convenient space in front of the garbage containers in the dead -space between the 90° and angled spaces in the parking lot but 'which is sometimes blocked by official cars which are not carefully parked. 6. Convert the other 14 two -hour metered spaces in the Osos Block to thirty- minute green metered spaces. This conforms to a suggestion by the City Employees': Association. 7. Leave the 9 fifteen - minute "free" green spaces in front of the City Hall. The BIA -staff recommendation was-to change these to thirty- , minute green metered spaces, to conform to other green metered spaces in the City (except in the vicinity of the post office). 8. Special parking permits would be issued to consultants or other individuals providing a service to the City (on a one -day basis) by the Finance Department upon approval of the City Administrative Officer or his associates. 9. Police Department would ticket "E" plate vehicles in the City Hall lot only for improper or unsafe parking. After discussion, on motion of Councilman Jorgensen, seconded by Councilman Dunin, that the City Council accept the recommendation of the Administrative Officer and implement as soon as possible. Motion carried, Councilman Petterson absent. 7. At this time the City Council considered a request- from Priest, Richmond, Wolf & Rossi, architects for the Pizza Hut, Inc. for the City to grant an open space easement on the Broad Street /Santa Rosa entry park. Dan Smith, submitted the request of the architects and designers for the Pizza Hut at 2138 Broad Street next to the City Park. He stated that they wished an open space easement adjacent to the small City park to be as it would save them money and construction costs and they would be willing to contribute $3,000 to help develop the park. He stated that because City policy to treat City property as private property, the Pizza Hut wall 5 feet from the park would have to be built to a special fire safety standards. The applicants were asking not to be required to build a fire wall required by code, since it faced a park and not a structure. If this permission were granted, it would save them several thousand dollars, so they would be willing to contribute $500 toward park design and $2500 toward park landscaping. The Chief Building Inspector.would not require the fire wall if a park were declared a public open space. If it were official open space, no major structures could be built there. But for several reasons, the applicant requests appear suitable to staff: 1. The park area has always been intended for passive open space. It is not large enough for a major structure. 2. The park is limited to City ownership for public purposes by deed restriction. City Council Minutes July 19, 1977 Page 7 3. Declaring the property "open space" would not keep the City from building minor structures such as a restroom, according to the Chief Building official. 4. Pizza Hut's offer of $3,000 would help the City to improve the park. The City staff recommended that the Council should make an exception to policy, declare the City property as open space and accept Pizza Hut's $3,000 for park design and improvements. After discussion with the staff and the applicant, the City Council accepted the recommendation of the Planning staff and also authorized acceptance of the $3,000 for park design and park development and staff was directed to prepare resolution for Council consideration at the August 2, 1977 meeting. 8. Communication from M.L. Warden, Administration for the City of Morro Bay, requesting that the City Council consider a joint effort in establishing a transportation link between Morro Bay and the City of San Luis Obispo in light of the fact that the City of San Luis Obispo was attempting to put in a bus line from San Luis Obispo, Men's Colony, and Cuesta College. He felt it would seem possible in view of the needs of the respective communities and the increased emphasis on public transportation that the City of San Luis Obispo's bus system and proposed route extension could with relatively little expense be extended to a mutallysupportive establishment of a Chorro Valley link between the City of San Luis Obispo and Morro Bay. He stated that the City of Morro Bay had received indications from the UMTA would approve a 25 passenger bus designed to interface with the City of San Luis Obispo's system and Cuesta College proposed system. After discussion with the City's Transportation Committee he stated he asked UMTA if it would be possible to add a second bus so that grant so as to provide a two -way loop between both cities. He stated he had been informed that this could be arranged. He concluded that the Morro Bay City Council was asking the City of San Luis Obispo to seriously explore with them the methods and means whereby both communities could be linked by public transportation and if`.the San Luis City Council were favorably disposed to conceptual approval, then he stated he would ask that the appropriate staff of the City of San Luis Obispo meet with them to prepare definitive arrangements for implementation of applications for such a system. D.F. Romero, Director of Public Services, submitted a brief report on the City's approach to the Morro Bay request and submitted an estimate of the cost of operation over a 2 -year period assuming a 50C fare. It would cost approximately $204,320.00 with funds to come from SB 283 Grant - $72,000; County of San Luis Obispo share $1,350; fares estimated at $99,000; and the City of San Luis Obispo subsidy of $31,970. He concluded that if the Council felt the Morro Bay -San Luis Obispo Transit Service was a worth- while expenditure of City funds, the staff would be pleased to continue necessary negotiations to commence service at the earliest possible date. R.D. Miller stated that the Morro Bay service would be an extension with what the City had in mind in the original budget submittal for the Cuesta/ Men's Colony system. He therefore recommended that this request of Morro Bay be referred to the Mass Transportation Committee for recommendation. He felt that 3 questions should be answered: 1) Does the City of San Luis Obispo feel the Morro Bay connection is worth a continuing $55,000 a year subsidy; 2) If so, shouldn't the County pay more than $675 a year toward the service? Morro Bay would be paying something in excess of our City's $4600 a month; 3) What happens in the future if the South County or Atascadero wished to connect with the San Luis Obispo system? These were questions and problems that the Mass Transportation Committee should answer and make recom- mendations to the City Council!. Norman Knolls, operator of San Simeon Stages, stated that his firm had proposed similar service to both the City of San Luis Obispo through David Romero's office and Morro Bay, through the office of Murray Warden, and the Council of Governments, but he said to date, no one had answered his proposal and wondered why not. He felt he would like to at least discuss his proposal with someone and at least compare cost prices, etc. He stated that he had been operating a bus system in the County for a number of years and felt that they could give some input even if they did not accept their proposal. On motion of Councilman Gurnee, seconded by Councilman Dunin, that the City City Council Minutes July 19, 1977 Page 8 Council accept the recommendation of the Administrative Officer, refer the request of Morro Bay and the report of Romero to the Mass Transit- Committee .and-ask support of the report from the Area Planning Council. Motion carried, all ayes, Councilman Petterson absent. 9. At this time the City Council considered a recommendation of a revised ordinance to implement the rate recommendation of Engineering Science for the water utility. This was the first step in updating and amending the City's water ordinance. Subsequently, the rates would be considered by the City Council again in an attempt to put the water utility on a pay -as- you -go basis. R. Muravez, Finance Director, reviewed for the City Council the amendments to be made to the water service ordinance and a recommendation on the rates to be charged for water service. He stated that the rates recommended would put the water system on a self- supporting basis, underwrite the Capital Improve- ments approved in the 1977 -78 City Budget and would allow for future expansion as the revenue increased. He then reviewed for the City Council some of the recommended provisions of the ordinance. 9A. R. Muravez stated that the proposed ordinance brought back the deposit for service which would guarantee people moving in and out of the residences in the first year and would not leave with a bill unpaid. The way the system was proposed that at the end of one year's the period, the deposit would either be applied to the account or returned to the applicant. He also stated that the rate sections would amend the basis of the acreage charged from a depreci- ated value of the system to a replacement value. He continued that the basis for the recommended water rate structure which was based on 1) a minimum readiness to serve charge with no water allowed based on meter size and 2) a commodity charge, the actual cost of water used. He estimated that average rate increased to 85% of the water uses would be between 45 -50 %. Mayor Schwartz invited public input on the proposed water rate increases. Charles Evans, mobile home park operator, asked if rate increases proposed were to improve present system or was it to develop a better water system for future growth. R. Muravez and R.D. Miller stated that the rate increases would be used to update and modernize the present water system and to improve facilities and upgrading of the system. Laverne Schneider stated she was opposed to the proposed increase in water rates, felt it was unfair to the City residents who were on a limited income. She felt that the water system should be subsidized by other general funds and not keep coming back to the same property owners. Rick May, Model Linen Supply Manager, objected to the rate increase and it is almost prohibitive to their operation due to the large amounts of water used for laundry. He felt that due to their large use of water, they should have a different rate, say 500 per hundred cubic feet, instead of the 650 as proposed. Ruth Givas was opposed to the rate increases and felt it was unfair and un- necessary. Mayor Schwartz closed the meeting to public input. Councilman Gurnee stated that he was in support of the rate increase in order ' to put the water system on a self- supporting basis, although he was reluctant to place a further burden on the City's residents. He stated if the water rate increases went through, he would support a reduction in the City tax rate to compensate for this increase. He would also support an increase in acreage fees for areas that are developing and have a need for new services and should not be paid for by existing property owners. Councilman Dunin stated he was opposed to the increase in water rates without a reciprocal reduction in water utility tax paid reaped by these rates. He also felt that the City was now attempting to correct all past neglect of the City water system. He felt these great sums of money would be needed capital improvements. He did not feel the City would need to spend this money as they were attempting to reduce the growth. He felt that a com- mensurate reduction should be made in other City taxes if the water and City Council Minutes July 19, 1977 Page 9 sewer rates were going to be increased. Councilman Jorgensen stated that he would reluctantly support the water rate increase as he did not like to raise rates to citizens of San Luis Obispo. He also felt that in the commodity rate schedule, some though should be given to some type of lifeline charge for the poor and the aged, by having the low rate for lifeliinethe higher rapidly increasing rates to help conserve water for future citizens. Mayor Schwartz stated he would support the water rate increase as a needed increasi to make the water operations self- supporting in its own maintenance operation and capital improvements. On motion of Councilman Gurnee, seconded by Mayor Schwartz, the following Ordinance was introduced: Ordinance No. 710 (1977 Series), an ordinance of the Councy of the City of San Luis Obispo establishing rates and charges for water service and superseding all previous resolutions dealing with water rates and charges. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, and Mayor Schwartz NOES: Councilman Dunin ABSENT: Councilman Petterson 10. At this time the City Council considered the plans and specifications for Parking Lot at 630 Monterey Street, City Plan #39 -77. Engineer's estimate: $22,436.00 and budgeted in the 1977 -78 CIP 418. On motion of Mayor Schwartz, seconded by Councilman Gurnee, the City Council approve the plans and specs and authorize the staff to call for bids. Motion carried, all ayes, Councilman Petterson absent. ' CONSENT ITEMS: At this time the City Council considered the Consent portion of the agenda: C -1 On motion of Councilman Jorgensen, seconded by Councilman Dunin, claims against the City for the month of July, 1977 were approved subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the Council approve the following minutes of the Council meetings listed below: May 3, 1977 May 9, 1977 June 8, 1977 June 13, 1977 June 14, 1977 Motion carried, all ayes. June 22, 1977 June 27, 1977 June 28, 1977 June 29, 1977 C -3 On motion of Councilman Jorgensen, seconded by Councilman Dunin, that Council consideration of Ordinance of the City relating to criminal convictions and eligibility for City license was continued to 8/2/77. C -5 Council consideration of Minor Subdivision No. 77 -212, located at 55 and 63 Broad Street and 555 Ramona Drive, R -1 PDR, John Becker, applicant, was continued for Council consideration to 8/2/77 for staff input on some control of oil pollution in the creeks. Motion carried. C -6 .,On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3372 (1977 Series), a resolution of the Council of the City of San Luis Oispo approving an agreement for parking meter coin counting and a lease agreement for coin counting equipment with Brink's Inc. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: Ndne ABSENT: Petterson City Council Minutes July 19, 1977 Page 10 C -7 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3373 (1977 Series), a resolution of the Council of the City of San Luis Obispo designating certain vehicular roadways within the City Limits as "arterial roadways" for fire protection purposes and requiring fire hydrant facilities on both sides thereof; and superseding Resolution No. 2465. Passed and adopted on the following roll call vote: , AYES: Councilman Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Council Petterson C -8 Project Schedules for the month of July, 1977 were ordered received and filed. C -9 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3374 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City Fire Department, P.G. &E., and Sonic Cable TV for underground utility work. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSNET: Councilman Petterson C -10 Communication from W. Von Biskupsky, President of VIP Future Corp., requesting the City fund participation for their project located at 1320 Murray Street, was referred to Utility Engineer for report on motion of Councilman Jorgensen, seconded by Councilman Dunin; motion carried, Councilman Petterson absent. C -11 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the request of Robert F. Brown, Coordinator of the Mustang Stadium Renovation Fund, requesting $5,000 from the City of San Luis Obispo to help finance a new grandstand for Cal Poly football, was referred to the Promotion Coordinating Committee. Motion carried, Councilman Petterson absent. C -12 Andrew Merriam, representing Meyer, Merriam and Associates, submitted a request for Council determination of policies which would control the dedication of parks and development of park improvement standards for Edna/ Islay specific plan. He reported that they had met with the Park and Recreation Commission and the Planning Commission but that no standards or policy had been adopted for areas as large as the specific planning area (approximately 350 acres with approximately 1200 housing units proposed by his firm). He stated that without some type of clear City policy, it would be very difficult to develop any type of overall design for dedication of creek lands and neigh- borhood parks. He also stated that the issue is important because the EIR and the specific plan for a project this size takes a long time to prepare. We hoped that the City Council would give some guidance on questions dealing with open space, creek dedication and park lands in this type of development. Finally, he objected to the staff recommendation that this request be referred to the Planning Commission and the Park and Recreation Commission. Meyer - Merriam and Associates want a policy decision from the Council that will help them prepare the final specific plan. He felt what was needed was a finally structured study agenda with the developers to come up with a Park policy for this development. City Council suggested that Andrew Merriam present the Council with proposed policies. Additionally, have the staff, Planning Commission and Park and Recreation Commission review these proposals and then send a combined final recommendation to the City Council for study. This was accepted by Andrew Merriam and the City Council. C -13 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3375 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and Orloff W. Miller, HRC Coordinator for 1977 -78. City Council Minutes July 19, 1977 Page 11 Consent Item C -13 Continued: Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ' ABSENT: Councilman Petterson C -14 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3376 (1977 Series), a resolution of the Council of the City of San Luis Obispo authorizing the Mayor to execute an extension of the contract with the Business Improvement Area Administrator through June 30, 1978. Passed and adopted on the following roll call vote: AYES: Councilmen" "Dunin,"Gurnee, Jorgensen, and Mayor Schwartz NOES: None ABSENT: Councilman Petterson C -15 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3377 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving agreements with the Chamber of Commerce for visitor information services and for promo- tion during 1977 -78. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Schwartz NOYES: None ABSENT: Councilman Petterson C -16 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3378 (1977 Series), a resolution of the Council of the City of San Luis Obispo finding and determin- ing that Police Officer Thomas M. Gallimore is disabled. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Schwartz NOYES: None ABSENT : Councilman Petterson C -17 The matter of a complaint in the Superior Court by Pratt Construction Company for damages allegedly resulting in breech of contract were referred to the City Attorney. BIDS RECEIVED B -1 The City Clerk reported on the following bids received for "STREET RECONSTRUCTION - KING STREET AND FLORA STREET ", City Plan No. 13 -77, Engineer's estimate $32,000. Melcher Construction Co. $33,774.00 1415 Smith Ct. ' SLO, CA R. Burke Const. 37,199.00 P.O. Box 957 SLO, CA Madonna Construction 39,672.00 P.O. Box 910 SLO, CA City Council Minutes July 19, 1977 Page 12 B -1 (CONT'D) Paso Construction $40,258 Rt. 1, Box 14' -D PR, CA City staff recommended that the low bid of Melcher Construction Co., in the amount of $33,774.00 be accepted. Moneys available in SB 325 and water funds. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, that the City Council accept the low bid of Melcher Const. Co. of $33,774.00 Motion carried, Councilman Petterson absent. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the'.meeting adjourned at 11:30 p.m. Motion carried, Councilman Petterson absent. APPROVED: September 6, 1977'/ . H. itzpatrick, City Clerk 1 1