HomeMy WebLinkAbout01/17/1978City Council Minutes
January 17, 1978
Page 2
Dan Smith, on behalf of the.A.R.C. stated that the A.R.C. Procedures-indicated
that a project should be considered within twenty (20) days of its submittal.
This was an unworkable deadline, since A.R.C. Meetings were frequently three (3)
weeks apart. This would imply that on occasion, the A.R.C. was obliged to
hear an item two (2) days after it was submitted-to Staff. The Staff had
published schedules establishing deadlines for certain meetings. These dead-
lines did not exceed twenty-two (22) days prior to a meeting. But if a project
missed the deadline, it would obvisouly have to wait longer than twenty -two
(22) days for the next available meeting. The A.R.C.'s action to continue the
project was consistent with A.R.C. informal policy to continue a project when
it was generally favorably received, but needed additional work to make it suit
able for approval. In cases where specific conditions of approval could be
applied, they had been. Where specific conditions of approval had been
impractical, an action of continuance with the record noting general concerns
of the A.R.C. to the applicant had ususally been taken with the applicant's
consent. In this particular case, the architect-for the project was not present
and thereby was not available to answer questions by the A.R.C. Staff or Staff
or to respond to architectural comments. The applicant's attorney, at an
early stage of the meeting, did respond to questions relating to design of the
building by saying that he only requested approval, approval with conditions,
or denial with findings. The frustration of not being able to converse with
the project architect or designer led to a motion for continuance and, because
no statement by the applicant's attorney came forth indicating the unacceptability
of the intended action, it was considered to be acceptable, and passed by unanimous
vote.
It was the A.R.C.'s Staff recommendation that the applicant should be advised
to pursue this project in the usual fashion..
Allen Grimes, City Attorney, stated that the appeal by the Dalessi Center and
Mann Theatres did not meet the requirements of law for an appeal and thus the
matter was not appealable.. He stated that the City Clerk was advised to set the
' matter for hearing so the Council might decide whether it wished to consider the
appeal. He.continued that it was recognized that the procedures of the A.R.C.
state the application shall be considered by the A.R.C. within twenty -two
(22) days of the filing of the application." We believe that this language
is directory rather than mandatory. Thus, the "shall" amounts to "may" as
used in the A.R.C. Procedures.
It was his further opinion that placing the matter on the agenda by the A.R.C.
and its action in continuing the matter amounts to "considered" as used in
the A.R.C. Procedures. He then referred the Council to various legal opinions
and court cases dealing with "Mandatory-and Directory.Construction," etc.
Finally,.the Attorney stated that this matter of the appeal dealt more with
courtesy and manners rather than legal precedent.
Mayor Schwartz declared the public hearing open.
Irving W. Petersen, Attorney for the Applicant, presented the appeal on
behalf of the Dalessi Center and Mann Theatres ", - Inc., in that he believed
that the project had been approved within the rules of the A.R.C. as the
twenty -two (22) days had elapsed. He felt that the failure to act within
the required twenty -two (22) days and the failure to take action at a regularly
scheduled meeting when the A.R.C. had given notice and had a full and-fair
opportunity to consider the matter. He stated that there were three alternative
methods stated to preserve the applicant's remedies:
1. It would appear that the procedure of the A.R.C. mandated action within
twenty -two (22) days. It was the applicant's position that the failure to
disapprove the project with findings must be deemed the equivalent of approval
without conditions in that the A.R.C. had given fair notice and had full
opportunity to deny the schematic approval at a legally instituted and
scheduled meeting. This position of the applicant was clearly stated so that
it would not be considered waived as a remedy; it was obviously the preferred
remedy requested by the applicant.
2. Secondly, another alternative remedy would-be consideration by the
Council at their next meeting as to the grant of approval under the A.R.C.'s
procedures. It was the position of the applicant that the failure of the A.R.C.
to act placed the application beyond reconsideration by the A.R.C. This
City Council Minutes
January 17, 1978
Page 3
position was also stated so as to preserve remedies available to the applicant.
3. Finally, the remedy stated in the appeal, i.e., resubmission to the
A.R.C. was of questionable utility and would be the least desirable to the
applicant. The applicant did not voluntarily submit-to this remedy . He con-
tinued that under their own rules, the A.R.C. as they did not disapprove,
approve or continue the matter with the applicant was an approved action, and
he felt that under these conditions, the project had been approved by the
A.R.C. He-then discussed the meanings of "shall" and "may" as interpreted by
the Municipal Code.
Finally, he stated that what his clients really wanted was either an approval or
disapproval of the project and asked the City Council to do so.
The City Council then discussed with Irving W. Petersen, various comments
that he had made in his presentation for clarification of his interpretation
of the various A.R.C. regulations.
Vern Dillon, representing Dalessi Center, felt he had answered every question
put to the proponents by the A.R.C. and at the end of the hearing he left the
meeting without any feeling of having received any directions from the A.R.C.
on their project. The purpose of the appeal was to try and get some opinion
from the A.R.C. on what they would ask and what would be approved or not approved
on their project.
Mayor Schwartz declared the public hearing closed.
The City Council then discussed, at length, what discussions were directed
to the applicant`.s representative on the proposed project at the meeting at
which this was discussed before the A.R.C. and whether objections, suggestions,
etc., were clearly outlined to the applicant's representatives.
7:25 P.M.,
Councilman Settle arrived
and
took his place at:the Council Desk.
Councilman
Dunin felt that government
should comply with its own rules
regardless.
•.of•the :issues;. . and he
felt
if the A.R.C. Rules were that the project
would be approved within twenty -two
(22)
days then they should take such
action and
not expect the applicants
to
continue with more reports.
Councilman Petterson felt that the Architect or.a designer should have been
in attendance at the A.R.C. in order to answer questions, but he also agreed
that the continuation should have been for a time and date certain. He also
felt that the A.R.C. should clarify its own rules and also should make their
feelings known to each applicant. He-also felt that the design specialist
should attend all the sessions to answer questions of the A.R.C. and their
Staff.
Councilman Jorgensen also felt that the A'R.C. should review its own rules
and regulations that are published for developers to act upon and he felt
they also should clearly indicate at their meetings what they were considering
so that the applicant would have a clear view of what was expected to be
corrected, changed or amended.
Councilman Settle stated he supported the principle of the A.R.C. as part
of City Government, although he agreed that there seemed to be some confusion
in the wording of the A.R.C.'s adopted procedures for handling projects. He
felt that the continuation of the request should have been for a time and date. '
certain with questions that were necessary for clarification and guidance given
to the applicant before this particular meeting.
Mayor Schwartz agreed that the City Government should comply with their own
rules, time limits, etc. He also felt that if the A.R.C. wished the architect
or designer to be present, they should amend their rules to require this
condition so that the various applicants knew what the rules were.
On motion of Councilman Jorgensen that the City Council deny the appeal and
refer the matter to the A.R.C. for processing. Motion lost for lack of a
second.
City Council Minutes
January 17, 1978
Page 4
On motion of Councilman Petterson, seconded by Mayor Schwartz, that the City
Staff be requested to ask the project architect'or designer to attend the next
meeting of the A.R.C. and ask the A.R.C. to make findings on the project at
a time and date so that the applicant could be present to discuss the project.
Motion carried on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Jorgensen, Settle and Mayor Schwartz
' NOES: None
ABSENT: None
On motion of Councilman Jorgensen, seconded by Councilman Settle, that the Staff
be directed to review and make recommendations to the City Council on the various
procedures adopted for the A.R.C. for handling projects brought before them.
Motion carried on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
2. At this time the City Council considered the final passage of Ordinance
No. 738; an ordinance of the City. of San Luis Obispo amending the Municipal
Code dealing with swimming pool and dock regulations.
Mayor Schwartz declared the public hearing open.
No one appeared for or against the ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Settle, the
following ordinance was introduced for final passage: -Ordinance No. 738
(1978 Series), an ordinance of the City of San Luis Obispo amending the Municipal
Code by repealing Article VIII, Chapter 7, Sections 8900 - 8910.7. and adopting
Article VIII, Chapter 7, Sections 8700 - 8720.6, Swimming Pool and Dock Regulations.
Finally passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
2B. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3486 (1978 Series), a
resolution of the Council of the City of San Luis Obispo Establishing a
Fee Structure for Swimming Pool and Dock Permits.
Passed and adopted on the following roll call.vote:
AYES: Councilman Jorgensen, Dunin, Settle, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
3. At this time the City Council considered the final passage of Ordinance
No. 739; an ordinance of the City of San Luis Obispo amending Municipal Code
Article V, Chapter 3, Abatement of Dangerous Obstructions in Streambeds.
Mayor Schwartz declared.the public hearing open.
No one appeared before the Council for or against the Ordinance.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
January 17, 1978
Page 5
On motion of Councilman Jorgensen, seconded by Councilman Settle, the following
ordinance was introduced for final passage: Ordinance No. 739 .(1978 Series), an
ordinance of the City of San Luis Obispo amending Municipal Code Article V,
Chapter 3, Abatement of Dangerous Obstructions in Streambeds:
Finally passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz I
NOES: None
ABSENT: None
4. At this time the City Council held a.public.hearing.on the final passage of
Ordinance No. 740, an ordinance dealing with Sidewalk Construction Regulations.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the Ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman.Settle, the following
ordinance was introduced for final passage: Ordinance No. 740 (1978 Series),
an ordinance of the City of San Luis Obispo amending Municipal Code Article VII,
Chapter 3, Part 3, Sections 7330.7 through 7330.9; and amending Article VII,
Chapter 3, Part 4, Section 7350. (Sidewalk Construction Regulations).
Finally--passed-.and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz
NOES: None '
ABSENT: None
5. At this time the City Council considered the final passage of Ordinance
No. 741, an ordinance amending Municipal Code dealing with Park Regulations
and Mail Boxes.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the Ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Settle, the following
ordinance was introduced for final passage: Ordinance No. 741 (1978 Series), an
ordinance of the City of San Luis Obispo amending Sections 4226.10 and
4287 of the Municipal Code Article IV, Chapter 2. (Park Regulations) and
(Mail Boxes).
Finally passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
6. At this time.the City Council considered the final passage of Ordinance
No. 742, an ordinance dealing with street excavations and encroachment permits.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the ordinance.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
January 17,. 1978
Page 6
On motion of Councilman Jorgensen, seconded by Councilman Settle, the
following ordinance was introduced for final passage: Ordinance No. 742
(1978-Series), an ordinance of the City of San Luis Obispo amending Municipal
Code Article VII, Chapter 3, Street Excavations, Part 1, Encroachments.
Finally passed and adopted on the following roll call vote:
' AYES: Councilmen Jorgensen, Settle, Dunin, Petterson.and Mayor Schwartz
NOES: None
ABSENT: None
7. At this time the City Council considered Minor Subdivision No. 77 -330,
located at 568- 570.Ellen Way, Thomas Baumberger, applicant.
Mrs. Middleton, property owner, appeared before the Council on behalf of the
requested Minor Subdivision, refuting some of the contentions raised by the
City Staff at the last Council Meeting and recommending that the Council
deny the Minor Subdivision in view of.the_ approval by the City Planning
Commission at a prior public hearing..
Dan Smith, Senior Planner, reviewed the reasons for the Staff recommendations
for denial, which were based primarily on the General Plan Noise Element.
T. Baumberger, Engineer, spoke in support of processing the request as a lot line
adjustment on two existing parcels, thereby avoiding the need to file a Minor
Subdivision.
Dan Smith.stated that the City had never adopted specific provisions for lot line
adjustments; they had only adopted provisions for the processing of Minor Sub-
divisions.
Councilman Dunin stated that, through confusion by the Planning Commission's
Staff, he felt the Council should reconsider the Minor Subdivision as requested.
Henry Engen, Director of Community Development, felt the present adopted City
procedure was better than the lot line adjustment procedure enabled by State
Law, as the Minor Subdivision procedure required filing and recordation of maps,
where under the lot line procedures, no such procedures were required.
R. Strong, Planning Consultant, felt that the noise element of the City
General Plan did not require denial of developments, but only were to be used
for guidelines for the Planning Commission and Council as far as residential
development was concerned.
On motion of Councilman Dunin, seconded by Councilman Settle, that the matter
be referred back to the Planning Commission for review of Minor Subdivision No.
77 -.330.
Motion lost on the following roll call vote:
AYES: Councilmen Dunin, Settle
NOES: Councilmen Jorgensen, Petterson and Mayor Schwartz
ABSENT: None
Mayor Schwartz stated he objected to the procedure unless the Council wished
the Planning Commission to review the broad outlines for approving the
subdivision in light of the General Plan Elements Procedure. This should
include review of policies on noise, i.e., building permit on vacant -lot not
subject to a General Plan consistency determination.
Councilman Petterson. suggested that the Planning Staff should look into the
City Procedures on Minor Subdivisions.
City Council Minutes
January 17, 1978
Page.7
On motion of Councilman Petterson, seconded by Councilman Settle, that the
Staff be directed and the Planning Commission be asked to restudy this
particular matter in light of the.General Plan Element Directions. Motion
carried.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the
following resolution was introduced: Resolution No. 3487 (1978 Series), a I
resolution of the Council of the City of San Luis Obispo denying a request
for Minor Subdivision No. 77 -330 at 568 -570 Ellen Way.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen and Mayor Schwartz
NOES: Councilmen Dunin and Settle
ABSENT: None
8. At this time the City Council considered the Tentative Minor Subdivision
No. 77 -404, Charles French, located at 1194 Pacific Street and also consideration
of the Abandonment of a portion of Pacific Street adjacent to this development.
Dan Smith, Senior Planner, requested that the City Council continue this matter,
as the Attorney's for the Historical Society and the applicant, Charles French,
had asked for continuation to clarify certain provisions in the agreement for
the Subdivision.
On motion of Councilman Dunin, seconded by Councilman Settle, the matter was
continued until requested it be placed on the Agenda by the representatives of
the applicant and the Historical Society. Motion carried.
9:00 P.M., Mayor Schwartz declared a recess. 1
9:15 P.M., meeting reconvened with all Councilmen present.
9. At this time the City Council considered a report from the Community
Development Director regarding the proposal from the State Department of
General Services to acquire 2.3 acre site on South Street for the location
and development of a new facility for the Employment Development Department.
Henry Engen, Director of Community Development, stated that if this particular
project were approved, it would represent a departure from the historical position
of both the City and County which have urged that such a facility as the
Employment Service be incorporated into a comprehensive human services complex
with the County Facilities, and it was his recommendation that the City Council
reaffirm this position and inform the State df this policy direction of both
the City and the County.
Henry Engen then reviewed for the Council, a letter that he was asking
permission to send to the Department of General Services dealing with this
development, stating that it was the City's firm opinion that it would be a
mistake for the State to build a facility independent of related local
governmental human service functions, e.g., County Social Services (Welfare),
Economic Opportunity Commission, Human Relations Commission and Social Security
Offices. He stated that he felt that both the County and City support the
principle of consolidating these related governmental functions in a.compre-
hensive complex and that the City and County were now engaged in complimentary
planning processes towards that end.
Councilman Settle stated that he felt the Council should approve Henry Engen's
proposal and also reconsider earlier Staff recommendation to place human
services on Johnson Avenue which would then include the employment services and
other support services, and finally he would support Alternate IV -C for the
development of County Facilities on Palm Street in order to keep the Courts and
Administrative Facilities in downtown San Luis Obispo.
City Council Minutes
January 17, 1978
Page 8
R. Strong, County Planning Consultant, stated that the County agreed that the
Employment Development Department should be located with the County Human
Services complex and urged the City to cooperate with the County on these
developments. He stated that, earlier in the game, the County Supervisors had
rejected the South Street location for human services complex.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, -that the City
Council approve the sending of the draft letter by Henry Engen to the General
Services Administration. Motion carried.
On motion by Councilman Jorgensen, seconded by Councilman Settle, that the
City Council set a special Adjourned Meeting for January 31, 1978, to consider
in detail, the City /County statement of intention dealing with the development
of County Facilities, and that the County be invited to send representatives
as were the Business Improvement Area Committee, etc. Motion carried.
10. D.F. Romero, Director of Public Services, presented for the Council's
consideration, the revised plans and specifications for the South Broad Street
Median Island Planting and Street Tree Planning.Project,'City Plan No. 3 -76,
bid estimate $36,000 (exclusive of contingencies and engineering fees).
Dave Romero reviewed briefly what was planned to be built and planted in the
median strips and the types of trees to be planted along Broad Street. He
stated there would be 160 street trees planted of four different varieties.
Henry Case, Cal- Trans, stated upon questioning that street trees were not
allowed on median islands on highway right -of -ways by policy of Cal- Trans,
due to the potential hazards to motorists. He agreed that in downtown areas
that they hardly went through a very highly built up area, sometimes street
trees were allowed, but.they would not be allowed in this particular case due
to the high -speed traffic on this portion of Broad Street.
' Councilman Dunin stated that he was opposed to this expenditure at this time
for street trees and for planting of median islands. He felt that City funds
were more necessary to improve the City's minor drainage systems and small
drainage which he stated had proven to be inadequate in this last storm and
the one in December, to protect the citizens of the City. He felt the City
Council was derelict in their duty if they continued to plant trees and not
take care of the drainage.
Councilman Settle agreed that trees were not a high - priority in his mind.
He felt that drainage was the more higher priq#ty. for the people of the City
to protect people and property and he felt that some of this money might be
used to improve minor drainage throughout the community.
On motion of Mayor Schwartz, seconded by Councilman Jorgensen, that the City
Council approve the plans and specifications for the South Broad Street Median
Islands and Street Tree Planting Project and authorize the call for bids.
Passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson and Mayor Schwartz
NOES: Councilmen Dunin and Settle
ABSENT: None
ICONSENT ITEMS
C -1 On motion of Councilman
against the City for the month
approval of the Administrative
C -2 On motion of Councilman
of the Meetings of December 5,
were approved as presented. M
Dunin, seconded by Mayor Schwartz, claims
of January, 1978, were approved subject to the
Officer. Motion carried, all ayes.
Dunin, seconded by Mayor Schwartz, the Minutes
1977, December 6, 1977, and December 13, 1977,
)tion carried, all ayes.
City Council Minutes
January 17; 1978
Page 9
C -3 On motion of Councilman Dunin, seconded by Mayor Schwartz, the communica-
tion regarding the grievance.from the City Employee's Associations was set for
the first available Council Meeting at Executive Session as requested. Motion
carried, all ayes.
C -4A On motion of Councilman Dunin, seconded-by Mayor Schwartz, the following
resolution was introduced: Resolution No. 3488 (1978 Series), a resolution of
the Council of the City of San Luis Obispo Certifying the Project EIR for Use
Permit U 0638 for an 88 -Unit Mobile Home Park Expansion at 1801 Prefumo Canyon
Road.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -4B On motion of Councilman Petterson, seconded by Councilman Settle, the
following resolution was introduced:. Resolution No. 3489 (1978 Series), a
resolution of the Council of the City of San Luis Obispo approving the Use
Permit for an 88 -Unit Mobile Home Park Expansion at 1801 Prefumo Canyon Road
on appeal by George S. Hedley, Jr. and Claire E. Gathe (Laguna Lake Mobile
Estates).
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Settle and Dunin'
NOES: Mayor Schwartz and Councilman Jorgensen
ABSENT: None
C -5 On motion of Councilman Dunin, seconded by Mayor Schwartz, that the
recommendation of the Promotional Coordinating Committee be approved and
$2,000.00 be granted to the San Luis Obispo Little Theatre. Motion carried,
all ayes.
C -6 On motion of Councilman Dunin, seconded by Mayor Schwartz,. the following
resolution was introduced: Resolution No. 3490 (1978 Series) a resolution of
the Council of the City of San Luis Obispo approving an agreement between the
City and Charles Weis.and Martin Mortgage Company for Assignment of the Grazing
Lease for City Property Adjacent to Sewage Treatment Plant.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -7 On motion of Mayor Schwartz, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 3491.(1978 Series), a resolution of
the Council of the City of San Luis Obispo approving an agreement between
the City and Earth Metrics for preparation of an EIR for Expansion of Mission 1
Plaza.
Councilman Dunin stated that he was opposed to the adoption of this resolution
and for-further expenditure of funds for the Mission Plaza, as he felt that
there were higher priorities for the City funds than parks and beautification.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Jorgensen, Petterson and Mayor Schwartz.:
NOES: Councilman Dunin
ABSENT: None
City Cduncil Minutes
January 17, 1978
Page 10
C -8 On motion of Councilman Dunin, seconded by Mayor Schwartz, the following
resolution was introduced: Resolution No. 3492 (1978 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement between the
City and Duenow, Burke & Smith for representatioa.•.of the Police in an Appeal
of disciplinary action by Sgt. Barry L. Gregory.
Passed and
adopted on
the following roll
call vote:
AYES:
Councilmen
Dunin, Petterson,
Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: None
C =9 On motion of Councilman Dunin, seconded by Mayor Schwartz, the following
resolution was.introduced: Resolution No. 3493 (1978 Series), a resolution
of the Council of the City of San Luis Obispo approving an amended
agreement between the City and Michael C. Robinson and Associates for Assessment
of Human Services Needs within the City.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -10 On motion of Mayor Schwartz,'seconded.by Councilman Settle, the City
Staff was authorized to continue their investigation of the possible use of
FA -SOS Funds for the replacement of the Elks Lane Bridge. Motion carried,
1 all ayes.
C -11 On motion of Councilman.Dunin, seconded.by Mayor Schwartz, the City
Attorney was authorized to commence condemnation proceedings in an effort to
acquire the Rockview Parcel for access purposes. Motion carried.
C -12 Communication from-Rose V. Barger, 175 Brook Street, regarding-the
lack of adequate creek drainage and potential hazard from future flooding,
the letter was received and filed on motion of Councilman Petterson, seconded
by Mayor Schwartz. Motion carried.
Following the action by the City Council, Mrs. Rose V. Barger appeared
before the Council reviewing the problems, the fears that she had dealing
with the lack of flood protection in her area.
C -13 On motion of Councilman Settle,.seconded by Mayor Schwartz, the claim
against the City by Mr. Gail 0. Moyes, 1831 Fixlini Street, was denied and
referred to the insurance carrier. Motion carried.
C -14 On motion of Councilman Settle, seconded by Councilman Petterson, the
claim against the City by T. Andrews, for alleged damages incurred in an
automobile accident was denied and referred to the insurance carrier. Motion
carried.
C -15 Project Schedulesfor the month of December, 1977, were ordered received
and filed.
BIDS RECEIVED
B-1 The City Clerk reported on the following bids received for automotive
equipment. Bids opened Wednesday, January 4, 1978, at 10:00 A.M.:
City Council Minutes
January 17, 1978
Page 11
ITEM 1 - One (1) current model vacuum -type street sweeper (No trade in):
3) PALLA EQUIPMENT
1139 - 13th Street
Paso Robles, CA.
4) KIMBALL MOTOR COMPANY
P.O. Box 1380
San Luis Obispo, CA.
ITEM 3 -.One (1) 1978 cab and chass
Ford two -ton dump truck, s
160, to be traded in "as i
1) HYSEN - JOHNSON FORD
P.O. Box 1208
San Luis Obispo, CA.
2) MONROE EQUIPMENT, INC..
P.O. Box 1857
Paso Robles, CA.
3) PALLA EQUIPMENT
1139 - 13th Street
Paso Robles, CA.
4) KIMBALL MOTOR COMPANY
P.O. Box 1380
San Luis Obispo, CA.
$13,259.85 -0- $13,259.85
$14,777.77 -0- . $14,777.77
24,000 G.V.W. (Trade in - One (1) 1960
al no. F6000RZ1937. Citv Eauivment No.
$ 9,998.41 $ 500.00 $ 9,498.41
$10;095.00 $ 500.00 $ 99595.00
$.9,781.63 $ 500.00 $ 9,281.63
$11,291.59 $ 800.00 $10,491.59
ITEM 4 - One (1) 1978.one -half ton. truck with 8' bed for Whale Rock Dam-
1
L
BIDDER
BID PRICE
LESS TRADE
NET PRICE
1)
PUBLIC WORKS, INC.
$41,460.00
-0-
$41,460.00
4,873.17 -0-
29 North Olive Street
4,873.17
,
P.O. Box 1208
Ventura, CA.
2)
HAAKER EQUIPMENT COMPANY
$53,685.00
-0-
$53,685.00
3505 Pomona Boulevard
2)
STANLEY MOTOR COMPANY
$
Pomona, CA.
$
4,308.87
3)
FREEMAN EQUIPMENT,INC.
$52,886.00
-0-
$52,886.00
13048 A Firestone Boulevard
San Luis Obispo, CA.
Santa Fe Springs, CA.
3)
ITEM 2 -.One (1) 1978 5 -yard dump
truck (No trade
in):
$
4,890.98
1)
HYSEN- JOHNSON FORD
$13,411.26
-0-
$13,411.26
P.O. Box 1208
San Luis Obispo, CA.
San Luis Obispo, CA.
2)
MONROE EQUIPMENT, INC.
$14,328.00
-0-
$14,328.00
P.O. Box 1857
Paso Robles, CA.
3) PALLA EQUIPMENT
1139 - 13th Street
Paso Robles, CA.
4) KIMBALL MOTOR COMPANY
P.O. Box 1380
San Luis Obispo, CA.
ITEM 3 -.One (1) 1978 cab and chass
Ford two -ton dump truck, s
160, to be traded in "as i
1) HYSEN - JOHNSON FORD
P.O. Box 1208
San Luis Obispo, CA.
2) MONROE EQUIPMENT, INC..
P.O. Box 1857
Paso Robles, CA.
3) PALLA EQUIPMENT
1139 - 13th Street
Paso Robles, CA.
4) KIMBALL MOTOR COMPANY
P.O. Box 1380
San Luis Obispo, CA.
$13,259.85 -0- $13,259.85
$14,777.77 -0- . $14,777.77
24,000 G.V.W. (Trade in - One (1) 1960
al no. F6000RZ1937. Citv Eauivment No.
$ 9,998.41 $ 500.00 $ 9,498.41
$10;095.00 $ 500.00 $ 99595.00
$.9,781.63 $ 500.00 $ 9,281.63
$11,291.59 $ 800.00 $10,491.59
ITEM 4 - One (1) 1978.one -half ton. truck with 8' bed for Whale Rock Dam-
1
L
operation (No trade in):
1)
HYSEN - JOHNSON FORD.
$
4,873.17 -0-
$
4,873.17
,
P.O. Box 1208
San Luis Obispo, CA.
2)
STANLEY MOTOR COMPANY
$
4,308.87 -0-
$
4,308.87
P.O. Box 191
San Luis Obispo, CA.
3)
MISSION PONTIAC
$
4,890.98 -0-
$
4,890.98
1219 Monterey Street
San Luis Obispo, CA.
City Council
Minutes
January 17, 1978 .
Page 12
ITEM 5 - One (1) 1978 one -half ton
pickup
for Park.'Division.(No
trade in):
1)
HYSEN- JOHNSON FORD
$
49857.29 -0-
$ 4,857.29
P.O. Box 1208
San Luis Obispo, CA.
2)
STANLEY MOTOR COMPANY
$
4,429.87 -0-
$ 4,429.87
P.O. Box 191
San Luis Obispo, CA.
3)
MISSION PONTIAC
$
4,900.45 -0-
$ 4,900.45
1219 Monterey Street
San Luis Obispo, CA.
ITEM 6 -.One (1) 1978 four -door sedan
for
Fire Department.
(Trade in -
One (1) 1970 Dodge Sedan,
serial
no. DK41L0422577, City Equipment
No. 670, to be traded in "as
is"
except that the City will remove
emergency radio and other
emergency equipment):
1)
STANLEY MOTOR COMPANY
$
4,948.46 $ 350.00
$ 4,598.46
P.O. Box 191
San Luis Obispo, CA.
2)
KIMBALL MOTOR COMPANY
$
5,973.92 $ 350.00
$ 5,623.92
P.O. Box 1380
San Luis Obispo, CA.
ITEM 7 -.One (1) 1978 two -door sedan for
Fire Department (No
trade in):
1)
STANLEY MOTOR COMPANY
$
5,019.99 -0-
$ 5,019.99
P.O. Box 191
San Luis Obispo, CA..
'
2)
KIMBALL MOTOR COMPANY
$
5,973.92. -0-
$ 5,973.92
P.O. Box 1380
San Luis Obispo, CA.
ITEM 8 -.One (1) current model.compact
sedan with hatchback or liftback
(Trade in - One (1) 1968 Ford Sedan, serial no. 8J51Fll8382,
City Equipment No. 468, to be traded in "as is "):
1)
HYSEN- JOHNSON FORD
$
3,846.95 $ 300.00
$ 3,546.95
P.O. Box 1208
San Luis Obispo, CA.
2)
STANLEY MOTOR COMPANY
$
3,872.18 $ 350.00
$ 3,522.18
P.O. Box 191
San Luis Obispo, CA.
3)
KIMBALL MOTOR COMPANY
$
3,554.97 $ 350.00
$ 3,204.97
P.O. Box 1380
San Luis Obispo, CA.
4)
MISSION PONTIAC
$
4,153.30 $ 100.00
$ 4,053.30
1219 Monterey Street
San Luis Obispo, CA.
ITEM 9 - One (1) 1978 four -door, nine-passenger-station wagon for
Recreation Department (No
trade
in):
1)
STANLEY MOTOR COMPANY
$
6,014.13 -0-
$ 6,014.13
P.O. Box 191
San Luis Obispo, CA.
2)
KIMBALL MOTOR COMPANY
$
6,829.49 -0-
$ 6,829.49
P.O. Box 1380
San Luis Obispo, CA.
City Council Minutes
January 17, 1978
Page 13
3) MISSION.PONTIAC $ 71388.53
1219 Monterey Street
San Luis Obispo, CA.
ITEM 10 - One (1) 1978 four -door sedan for Police
One-(l) 1976 Pontiac Sedan. serial no.
-0- $ 7,388.53
partment. (Trade in -
926P260256, City Equip
t the Citv will remove
screen and.emeraencv eouipment):
1)
STANLEY MOTOR COMPANY
$
5,821.99
$ 500.00
$
5,321.99
P.O. Box 191
San Luis Obispo, CA.
2)
MISSION PONTIAC
$.6,295.05
$1,300.00
$
4,995.05
1219 Monterey Street
San Luis Obispo, CA.
ITEM 11 - One (1) 1978 four -door
sedan_ for-Police-Department
(No
trade in):
1)
STANLEY MOTOR COMPANY
$
5,821.99
-0-
$
5,821.99
P.O. Box 191
San Luis Obispo, CA.
2)
MISSION PONTIAC
$
6,295.05
-0-
$
6,295.05
1219 Monterey Street
San Luis Obispo, CA.
ITEM 12 - One (1) 1978
One (1) 1974
Equipment No
will remove
door sedan for Police
uth sedan, serial no.
to be traded in "as i
eauipment):
1) STANLEY MOTOR COMPANY
P.O. Box 191
San Luis Obispo, CA.
2) MISSION PONTIAC
1219 Monterey Street
San Luis Obispo, CA.
ITEM 13 - One (1) 1978 two -door hard
in -
Ci
$ 5,353.61 $1,250.00 $ 4,103.61
$ 5,996.22 $1,000.00 $ 4,996.22
or sport -roof model for Police
WH23G107396, City Equipment No. 34, to be traded in "as is"
except that the City will remove radio equipment):
1) STANLEY MOTOR COMPANY NO BID $1,550.00 NO BID
P.O. Box 191 (Trade in offer
San Luis Obispo, CA. only)
2) MISSION PONTIAC $ 5,970.48 $1,200.00 $ 4,770.48
1219 Monterey Street
San Luis Obispo, CA.
ITEM 14 - NO ITEM 14
ITEM 15 - One (1) 1978 four -door sedan for Police Department. (Trade in -
No. 36, to be traded "as is" except that the City will remove radio,
protective screen and emergency equipment):
1) STANLEY MOTOR COMPANY $ 5,440.76 $ 500.00 $ 4,940.76
P.O. Box 191
San Luis Obispo, CA.
2) MISSION PONTIAC $ 6,084.22 $1,400.00 $ 4,684.22
1219 Monterey Street
San Luis Obispo, CA.
1
1
1
City Council Minutes
January 17, 1978
Page 14
ITEM 16 -.One (1) 1978 four -door sedan for Police Departme
One (1)-1976 Pontiac sedan, serial no. 2D29Z6P28
No. 37, to be traded in "as is" except that the
radio, protective screen and emereencv equioment
1) STANLEY MOTOR COMPANY
B -lA R.D. Miller, Project Manager, made
the purchase of the fifteen (15) pieces o
awarding to low bidders basically meeting
ITEM 411 - Vacuum -type street sweeper
ITEM 412 - Street dump truck
in -
Cit
$ 5,440.76 $, 500.00, $ 4,940.76
$ 6,084.22 $1,350.00 $ 4,734.22
the following recommenda
E equipment listed above.
City specifications:
LOW BIDDER...
Freeman Equip. Co.
Palla Equip. Co.
tion on
Recommend
LOW BID
$52,886.00
13,259.85
ITEM
P.O. Box 1.9.1 1 -
San Luis Obispo, CA.
- Street dump truck chassis
2) MISSION PONTIAC
9,281.63
1219 Monterey Street
414 --
San Luis Obispo, CA.
B -lA R.D. Miller, Project Manager, made
the purchase of the fifteen (15) pieces o
awarding to low bidders basically meeting
ITEM 411 - Vacuum -type street sweeper
ITEM 412 - Street dump truck
in -
Cit
$ 5,440.76 $, 500.00, $ 4,940.76
$ 6,084.22 $1,350.00 $ 4,734.22
the following recommenda
E equipment listed above.
City specifications:
LOW BIDDER...
Freeman Equip. Co.
Palla Equip. Co.
tion on
Recommend
LOW BID
$52,886.00
13,259.85
ITEM
413
- Street dump truck chassis
Palla Equip. Co.
9,281.63
ITEM
414 --
Whale Rock pickup
Stanley
Motors
4,308.87
ITEM
415
- Park Department pickup
Stanley
Motors
4,429.87
ITEM
416
- Fire Department Sedan
Stanley
Motors
4,598.46
ITEM
#7
- Fire Department Sedan
Stanley
Motors
5,019.99
ITEM
418
- Planning Department Sedan
Kimball
Motors
3,204.97
ITEM
419
- Recreation °Dept .Stationwagon
Stanley
Motors
6,014.13
ITEM
#10
- Police Department Sedan
Mission
Motors
4,995.05
ITEM
4111
- Police Department Sedan
Stanley
Motors
5,821.99
ITEM
4112
- Police Department Sedan
Stanley
Motors
4,103.61
ITEM
4113
- Police Department Sedan
Mission
Motors
4,770.48
ITEM 4114 - None
ITEM 4115 - Police Department Sedan Mission Motors 4,684.22
ITEM 4116 - Police Department Sedan Mission Motors 4,734.22
On motion of Councilman Settle, seconded by Councilman Dunin, the City Council
accepted the recommendation that low bids basically meeting City specifications
be adopted in each instance. Motion carried.
B -2 The City Clerk reported that one bid had been received for the
Bus Transit System to serve San Luis Obispo, Cuesta College via Sheriff's
Substation, Men's Colony, County Facilities. Bids opened January 11, 1978,
at 10:00 A.M. The sole bidder was San Luis Transportation, Inc., at the
rate of $1.64 per mile.
On motion of Councilman Settle, seconded by Councilman Petterson, that the
bid of San Luis Transportation, Inc., be accepted. Motion carried.
City Council Minutes
January 17, 1978
Page 15
ITEM X ._ Henry Engen, Community Development Director, brought to the City
Council's attention, the- matter.of amendments to the Clean Air Act requiring
that the City Council and all agencies.in the Area Planning-Council establish
a lead agency to administer new .acts. It was the Community Development Direc-
tor.'s recommendation that the, Area Planning Council be the lead agency for the
County's Clean Air Operation. The other alternative would be the Air Pollution
Control District which was the County Board of Supervisors.
On motion of Councilman Petterson, that the City Council approve the Air '
Pollution Control District be the lead agency for this County in the matter of
the Clean Air Act.
Motion lost for lack of a second.
On motion of Councilman Jorgensen, seconded by Councilman Settle, that the
City Council notify the County Board of Supervisors that the City Council of
San Luis Obispo preferred that the Area Planning Council be the lead agency
for administering the Clean Air Act for the County and that the second choice
be the Air Pollution Control District, as presently instituted. Motion carried,
all ayes.
ITEM Y After minor discussion dealing with flood control problems, it was
moved by Mayor Schwartz., seconded by Councilman Settle, that the City Staff
prepare a letter to Cal -Trans reminding them again of the problems caused to
the City by the Marsh /Higuera Street Bridge and the Los Osos /San Luis Creek
Culverts and listing flood problems involved. Motion carried, all ayes.
ITEM Z On motion of Councilman Dunin, seconded by Mayor Schwartz, that the
City. Staff contact Zone 9 regarding areas in the community that had been flooded
and urging some attempts at flood control within': the community. Motion carried.
The City Council adjourned to Executive Session.
The City Council reconvened in Regular Session and adjourned to January 31, 1978,
at 7:30 P.M.
APPROVED: March 7, 1978
J . Fitzpatrick', City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 31, 1978 - 7:30 P.M.
COUNCIL CHAMBERS, CITY•HALL
Roll Call
(.nimri 1 man
PRESENT: Ron Dunin,. Jeff Jorgensen,!Steve Petterson; Allen Settle
and Mayor Kenneth E. Schwartz
ABSENT: None
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney;
R.D. Miller, Administrative Officer; Wayne Peterson, City
Engineer; Henry Engen, Director of Community Development