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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