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HomeMy WebLinkAbout06/05/19721 1 1 Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA June 5, 1972 - 7:00 P. M. City Hall Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick; City Clerk; R. D. Miller, F Administrative Officer; A. J. Shaw, .Jr. , City Attorney; D. F. Romero, City Engineer, J. Quirk, Asst. Director Water Department; Wm. Flory, Park and Recreation Director; L. Schlobohm, Fire Chief; E. L. Rodgers, Police Chief. Awards of Bicentennial Commemorative Medallions were presented to the following winners of the Bicentennial Committee's Mystery History Contest: Mrs. Anna L. Hesch, 233 Patricia Drive, Grand Prize Mrs. Georgia Martines, 304 Luneta Drive Robert A. Gingg, 1326 Cecelia Street Mrs. Ruth E. Jensen, 1358 Peach Street Mrs. R. C. Jordison, 1057 Buchon Street Mrs-..Natalie Gamboni, 2570 Flora Street Mrs. Laura McNamara, 1919 Wilding Lane Mrs. Pearl Mallagh, 1656 Phillips Lane Mrs. A. G. Wilson, 1343 Higuera Street Mrs. June M. Rodriquez, 2255 Santa Ynez Avenue Boy Scout Chris Hookie' Troop 331, who on September 20, 1972 presented an American flag which had flown over the U. S. Capitol to the City Council, appeared before the Council to invite the members to attend his court of honor when he received his Eagle Scout Badge on June 7, 1972.. C -1. The City Council authorized payment of claims against the City subject to the approval.of the Admi,ni:strative Officer. C -1A. The City Council approved the Council minutes of April 17, 24, 26, May 1 and May.8, 1972. C -2. The City Council approved the following contract payments and change orders: W. A. "Gus" Howie Tassajara- Foothill Widening City Plan 19 -72 W. A. "Gus Howie Palm /Osos.Drainage Structure City Plan 12 -72 Herrin Electric - Baseball Field Lighting Sinsheimer Park Est. No. 1 $3,027.46 Est. No. 2 $2,058.48 Est. No. 3 (Final) 706.15 Change Order No. 1 950.00 Est. No. 2 $6,178.95 City Council Minutes June 5, 1972 Page 2 . Walter Brothers Construction Laguna Lake Dev. Phase II City Plan 23 -71 Layton Tree Service Street Tree Pruning College Highlands M. J. Hermreck Street Resurfacing Project City Plan 15 -72 Est. No. 1 Est. No. 1 Est. No. 2 (Final) Est. No. l Est. No. 2 (Final) R & L Digester Cleaning Co. Est. No. 1 Clean & Empty Sludge Digester Est. No. 2 (Final) City Plan 13 -72 $27,931.50 $2,155.50 239.50 $17,320.85 1,924.54. $8,640.00 960.00 The City Council authorized the" release of the cash construction bond of $9,600 posted.by R & L Digester Cleaning Company. C -3. The City Clerk reported the following bids were received for Water Line Improvements, City Plan 28 -72. Bids were opened on June 2, 1972 at 2:00 P. M. ENGINEER'S ESTIMATE $28,255.00. R. Baker Construction Co., Inc. 26,408.00 San Luis Obispo Hi -Way Contractors. 282985.00 Santa Maria Gun It Construction Co. 29,390.00 Watsonville Fred Julian & Associates 307123.70 San Luis Obispo Blois & Cardoza, Inc. 312365.00 Goleta Wesley G. Watkins 33,764.00 Paso Robles Smee's Plumbing & Heating 35,049.20. San Luis Obispo The City Council awarded the contract to the low bidder, R. Baker Const, C =4. The City Clerk reported the .following bids were received for Palm Street and Santa Rosa Street Sewerline Improvements, City Plan 21 -72. Bids were opened on June 5, 1972 at 2:00 P. M. ENGINEER'S ESTIMATE $20,667.50 R. Baker Construction Co., Inc. 28,889.51 Easy Construction Co. 270975.00 R. Burke Corporation 30,823.00 Wesley G. Watkins 33,740.00 The City Council awarded the contract to the low bidder, R. Baker Const. C -5. The City Clerk reported the following_bids were received for Municipal Parking Lot Improvements, City Plan 30 -72. Bids were opened June 5, 1972 at 2:30.P. M. ENGINEER'S ESTIMATE $7,162.25 Neal F. Loughran Company 6,317.73 1 1 1 City Council Minutes June 5, 1972 Page 3 Clean Sweep 6,562.73 Super Seal and Stripe 7,239.13 Flex- Paving & Engineering, Inc. 10,134.95 Dust Binder & Reclamite Service 14,211.75 The City Council awarded the contract to the low bidder, Neal. F. Laoghran. C -6. On motion of Councilman Gurnee, seconded by Councilman Graham, a communication from the State Department of Public Works notifying the City that in lieu of Federal TOPICS funds, the City will receive an equal amount $15,722, of State funds for use under the.Select.Road System, was received and filed. Motion carried. C -7.. The City Council received and filed a letter from John Deeter re- garding proposed Tract 444 which he will resubmit to the Planning Commission in the near future.' C -8. The City Council received and filed a communication from the Parks and Recreation Department regarding spraying residential street trees at night. C -.9. The City Council received and filed the monthly statement from the Environmental Center of San Luis Obispo. ' C -10. The City Council received and filed a letter from ECOSLO thanking - the City Council and staff for the installation of a bicycle rack at their office on Palm Street. C -1.1. Request.from Bill's Auto Wrecking for renewal of an agreement for storage of abandoned cars was continued as the contract does not expire until 1973. C -12. The City Council received and filed a_ from rom Economy Drug opposing the routing of traffic around the downtown area via Nipomo Street. C -13. The City Council considered the abandonment of a portion of Leland Terrace between Fillmore and William Street as recommended by the Planning Commission. On motion of Councilman Brown, seconded by Councilman Graham, the follow- ing resolution was introduced: .RESOLUTIONNNO. 2318, a resolution of intention to abandon a portion of Leland Terrace. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None C -14. The City Council referred the claim of Ronald Earl McGrath, 1152 . Reba,,to the insurance carrier, for damages due to sewer back up. City Council Minutes June 5, 1972 Page 4 C -15. The City Council referred to the City's insurance carrier, the claim of Mrs. Elizabeth Smith for damages and injuries when her car went into an open manhole. C -16. The Mayor was authorized to accept a covenant with Victor Mori ,J r. and Mary J. Mori for construction of a retaining wall at 2916 Augusta. C -17. The Mayor was authorized to accept a covenant for construction of a six .foot chain link fence the entire length of the Vista Grande property bordering on Pismo Street on condition that vines be planted to cover the fence. Approved on motion of Mayor Schwartz, seconded by Councilman Graham. Motion carried. C -18. The City Council granted the request of Alice M..Meck for one week vacation and one week leave without pay. C -19. The City Council set a public hearing for July 3, 1972 to consider a freeway agreement with the State for modification of the Los Osos Valley Road - 101 Interchange. C -20. The City Council granted sick leave in excess of two weeks for Fire Captain Donald G. Sylvia for injuries sustained while off duty. On motion of Councilman Brown, seconded by Councilman Graham, the con- sent items were approved as indicated. Motion carried. 4. At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend Section 9200.32 of the Municipal Code to permit banks in the R -0 District with a use permit. R. D. Young, Planning Director, presented the Planning Commission's recommendation for this amendment and stated that banks would not be permitted in the R -0 District without a use permit. Mayor Schwartz declared the public hearing open. No one appeared for or against the amendment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Blake, the follow- ing ordinance was introduced. ORDINANCE NO. 551, an.ordinance of the City of San Luis Obispo amending the zoning ordinance provisions of the. Municipal Code to authorize banks as a permitted use in an R -0 District. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 5. At this time the City Council held a public hearing on the recommendation of the Traffic Committee to establish 190 feet of red zone on the east side of Chorro Street south of Lincoln and 60 feet of red zone on the south side of Lincoln west of Chorro. City Council Minutes June 5, 1972 Page 5 D. F..Romero, City Engineer, explained traffic pattern after installation of the red zones. Mayor Schwartz declared the public hearing open. No one appeared for or against the recommendation. Mayor Schwartz declared the public hearing closed. On motion of Councilman Brown, seconded by Mayor Schwartz, the following resolution was introduced. RESOLUTION NO. 2319, a resolution establish- ing red zones on Chorro Street and on-Lincoln Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 1. John Jenks, Consulting Engineer, presented his firm's report to the City Council for interim municipal water works improvements to alleviate the Los Osos Valley water supply problems which recommended as follows: "A three stage recommended interim program of water distribution system improvement for the purpose of alleviating the Los Osos Valley water supply problem has been presented. The first stage, immediate improve- ment includes an effort to operate the existing system at increased water pressures and change in system zoning procedures, both within limits of old system physical capabilities together with construction of two short sections of water main to- increase hydraulic capacity and reliability to serve the Los Osos Valley at an estimated combined cost of $45,000. The first stage improvements are needed regardless of any additional growth in the Los Osos Valley area. A second and third stage improvement is recommended for future consideration after determining . the degree of success of first stage improvements, and additional needs occasioned by actual growth. These improvements include construction of an additional relief line; use of supplemental ground water supply; reservoir; and finally, the previously recommended major new main to the south area." The City Council thanked Mr. Jenks for his presentation and stated they would take the report under advisement and start phasing the improvements as recommended in the report. 2. Deleted. 3. Mrs. Henry Oak, 1323 -C Los Osos Valley Road, appeared before the City Council objecting to the practice of having all rentals geared for ' the convenience of college students in San Luis Obispo. She felt this was unfair to families who were attempting to rent in the community. Secondly, she objected to businesses and governmental agencies in the City hiring college students and college student wives to work because they worked so cheaply that other people could not get jobs to support their families. She asked the City Council to do something about these two matters as she would like to stay in San Luis Obispo but had been unable to find a job as the whole economy of the community was geared to the college and she felt the college ran the place. She hoped that the City Council would try to give the non - student people a break in housing and employment. City Council Minutes June 5, 1972 Page 6 The City Council felt there was nothing they could do in regard to Mrs. Oak's complaints as the City had no control over private employers or the owners of private housing. 6. At this time the City Council held a public hearing on the recommendation of the Building Inspector to amend the building code to establish regulations regarding the accumulation of debris on a building construction site during construction. A. J. Shaw, City Attorney, explained that the provisions of the proposed amendment would make the prime contractor responsible for the building site and that action would be taken against him. Arthur Wilson, Secretary- Manager of the Building Contractor's Association, stated the Association was in accord with the intent of the proposed ordinance, but suggested that a written notice be sent to the contractor of the violation as posting the property might not be adequate notice for the prime contractor to take action. J. Kellerman, Building Inspector, informed the City Council that all permits were issued to the general contractor and not to the sub- contractors. He felt that a notice to the subcontractor would be unseccessful and felt he would not be able to enforce these provisions not knowing who the subcontractors might be. Councilman Brown felt the general contractor should be held responsible and the City should not require the building inspector to try to see who had been causing the nuisance. Councilman Blake felt the intent of the ordinance was to keep the construction site cleaned up and he agreed that the general contractor (or the building permittee) should be responsible for site maintenance. Art Wilson again stated the contractors and the City were seeking the same solution to the problem of cleaning up the building site: He felt conditions of the ordinance should be changed so that the offending contractor (sub or general) would be held responsible rather than the permittee. A..J. Shaw, City Attorney, suggested that the ordinance could be amended to state that the permit be suspended until the site was cleaned up Mayor Schwartz felt the ordinance should be adopted and should contai:n provisions for quick corrections of any nuisances so that the property would be cleaned up. J. Kellerman stated it was his intention to post violations at the job site and not mail notices which he felt would only delay clearing the building site. A. Volny, building contractor, objected to the requirement that general contractors be held responsible for the job site and not the individual subcontractors, especially since in many cases the permittee is not actually the contractor. He felt the City should get the person creating the nuisance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Gurnee, the following ordinance was introduced. ORDINANCE NO. 554, an ordinance of the City of San Luis Obispo amending Municipal Code Section 5200.16 to provide control over rubbish accumulated during construction. City Council Minutes June 5, 1.972 Page 7 Passed to print on the following roll call vote: AYES: Emmons Blake, John C: Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property at 677 Morro Street from R -3 to PD R -H to construct eight (8) condominium apartments, Charles Kamm, Developer. R. D. Young, Planning Director, presented the following recommendations from the Planning Commission: 1. A precise pil:an shall be submitted within six (6) months and development shall commence within one (1) year. 2. Street trees shall be provided along Morro Street and Peach Street. 3. A detailed landscape plan showing plant materials and method of irrigation shall be submitted to the Planning Department for approval. 4. Grading and retaining wall permits shall be required and parking shall meet City standards. 5. Developer shall install an approved evacuation fire alarm system with eight -inch bells and pull -boxes at locations to be specified by the Fire Department. 6. Developer shall install an approved dry standpipe in the exit stairwell adjoining Morro Street with the Fire Department connection at the street. Mayor Schwartz declared the public hearing open. Charles Kamm, developer, stated all conditions established by the Planning Commission were acceptable to him and that he was available to answer any questions of the City Council. No one else appeared for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Counci -iman Graham, the following ordinance was introduced. ORDINANCE NO. 553, an ordinance amending the Official Zone Map of the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None ' 8. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property located at Chorro and Rougeot Place from R -1 and C -N to R -2. R. D. Young, Planning Director, presented the following recommendations from the Planning Commission: 1. The applicant is requesting to rezone two parcels zoned R -1 and C -2 to R -2. Adjoining.properties are zoned R -2, C -N and R -0. Property across the street is zoned R -1. City Council Minutes June 5, 1972 Page 8 2. The General Plan indicates retail - commercial uses in the general area. 3. It was the opinion of the Commission that the.proposed rezoning would provide a good buffer between R -1 and Commercial zoning. Mayor Schwartz declared the public hearing open. Mrs. Zanchuck spoke in behalf of her requested rezoning to R -2. She stated the existing building would either be brought up to code or torn down and landscaping and parking would be provided which she felt would make.an improvement on this small street. Robert Barrows, Meinecke Street, stated he was in support of this re- quested rezoning as he felt the property owners would make an improvement to the.area. Mayor Schwartz declared the public hearing closed. Councilman Brown stated he felt this was a logical zoning for the area and he was pleased with the down zoning of the C -N as he felt there was a sufficient amount of C -N in the area. On motion of Councilman Graham, seconded by Councilman Brown, the following ordinance was introduced. ORDINANCE NO. 552,'an ordinance amending the Official Zone Map of the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee,,Kenneth E. Schwartz NOES: None ABSENT: None 9. The City Council received the request of Charles W. Vrooman for either abandonment or an easement adjacent to his property or for an encroachment permit in order to build an addition to his home at 130 S. Tassajara. D. F. Romero, City Engineer, explained that the easement was an original easement in the subdivision and at the present time was not being used by any of the utility companies. On motion of Councilman Gurnee, seconded by Councilman Brown, the request was referred to the Planning Commission for recommendation. Motion carried. 10. The City Council continued its discussion of the Hutton -High Street mini park and the request of the Housing Authority for the play equipment if the City should abandon the project. The City Council received a communication from the Day Time Lions Chub stating they were willing to take over maintenance and clean up the mini park if the Council would assign that responsibility to them. The only help they might need from the City would be a truck to haul away debris. On motion of Mayor Schwartz, seconded by Councilman Brown, that the City continue the lease for the mini park for one additional year if the property owner was willing and also to thank the Lions Club for their offereto clean up and maintain the park. Motion carried. City Council Minutes June 5, 1972 Page 9 11A. The City Council discussed water service modifications required for development of property on Henry Street between George and Iris Streets as proposed by Lee Brazil. The Council received a communication from John Quirk, Assistant Director of the Water Department, outlining what must be done to provide the required services and the cost of same. He pointed out two methods which could be used to calculate Mr: Brazil's cost for improvements. . One would require that Mr.. Brazil pay to extend the water main (8 ") the full distance. The other method wou,l-ddgive Mr. Brazil credit for the four -inch (4 ") deteriorated main which now serves his property and would require that he pay for the additional capacity in replacing it with an eight -inch (8 ") line. A...J. Shaw, City Attorney, explained that the City ordinance requires that the developer must provide adequate water lines to serve his develop- ment from the nearest point of adequate service which in this case would be Ella and Henry Streets. Chief Schlobohm, Fire Department, outlined the history of discussions his department had held with Mr. Brazil and Mr. Brazil's reluctance to have to pay for the eight -inch (8 ") main on Henry Street to the point of adequate supply. Lee Brazil, developer, stated that in starting this project, he did not realize that he would be required to put in new water lines and a fire hydrant to serve his property. He felt City conditions were unreason- able and too expensive for him to continue the development as all he was trying to do was save some old buildings. He stated he was not a big developer but was just trying to make a nice development but the City was making it too costly for him to complete his project. The Council received a memorandum from the Chief Building Inspector explaining how they became involved in having Mr. Brazil's plans approved prior to full agreement on the fire protection requirements as there was a deadline for moving the buildings and the fire marshal was out of town and was not able to check the plans prior to the beginning of the project. He stated Mr. Brazil had agreed at that time to meet the requirements of the Fire Department, whatever they might be. John Quirk, Assistant Water Director, reviewed the requirements of the Municipal Code for Mr. Brazil to develop the property on Henry Street. Don Kaye, Fire Marshal, briefed the Fire Department's requirements and outlined the numerous meetings held with Mr. Brazil regarding fire pro- tection and he felt there was no question that Mr. Brazil knew what the City was asking on this matter. Mayor Schwartz reminded the Council of the fire safety requirements of this area and the compliance with adopted City ordinance regarding water service. CouncilmanFiBrown asked how the matter was handled when Paragon Homes developed their property on Ella Street. John Quirk stated that Paragon Homes had been required to place an ' eight -inch (8 ") water line but were given credit for the four -inch (4 ") deteriorated line which existed and were charged from she property line to the property line. Lee Brazil stated he was being poorly treated by the City on this matter and further stated that each time he brought his plans for approval, new conditions were applied for the water and fire items. Councilman Blake felt the City department had documented their contract with Brazil very well and that Mr. Brazil had sufficient notification of water and fire requirements before starting his development. City Council Minutes June 5, 1972 Page 10 Chief Schlobohm Fire Chief; suggested the City Council charge Mr. Brazil for a full eight -inch (8 ") line for the.full frontage of his property plus a gate valve, hydrant and block, and that the City give him credit on the deteriorated four -inch (4 111 line. Councilman Brown felt the City Council should handle Mr. Brazil's development in the same way as Paragon Homes on Ella Street, that is, Mr. Brazil would pay for the eight- inch.(8 ") dine with credit for the four -inch (4 ") line from property line to property line plus fire hydrant and appurtenances. On motion of Councilman Brown, seconded by Councilman Graham, that Lee Brazil be required to place an eight -inch (8 ") line from property line to property line, giving him credit for the deteriorated four -inch (4 ") line, plus requirement that he install one fire hydrant with appurten= ances. Motion carried with Councilman Gurnee and Mayor Schwartz voting no. 12. D. F. Romero, City Engineer, stated that the City had received a preliminary study map from Paragon Homes for development of twenty - three lots along the north side of Southwood Drive, outs.Fde the City limits. He stated that the developer proposed to annex the property and provide a water pressure system, to serve all parcels above.460' elevation.. He stated that due to the Council's statement regarding water service above elevation 460, and the current discussion of limiting growth, he was submitting this request to the City Council for consideration before expenditure of staff time and developer's time working out details of the annexation and development. The City Council received a communication from the League of Women Voters urging the Council to reaffirm their commitment not to allow water ' service above elevation 460 as they felt this was a wise limit which was responsible for helping to preserve the City's peaks and save them from development. Dan Oxford, Paragon Homes, appeared before the City Council explaining that his propsoed subdivision was about the only way the property could be developed economically and that he would supply a private water system to all the development above elevation 460. He hoped that the City Council would make an exception in his case so that the land.would not remain dormant. Ann Stubbs, 1691 Tanglewood Drive, opposed the consideration of this annexation due to a break down of the elevation 460 policy used for control by the Council in the past. John Quirk, Assistant Water Director, stated that the water system was over extended in this area at the present time and that any addition.to this system would be detrimental to the adjacent users. Councilman Graham was opposed to the requested annexation due to the existing policy denying water service above elevation 460. Councilman Blake felt property owners had a right to ask the City for water service and he felt this land was land locked and without City . water could not be developed. He felt this property owner should be granted an exception and allowed to develop over elevation 460. D. F. Romero, City Engineer, stated that Paragon Homes would take water below elevation 460 and then operate the balance of the Tract as a pri- vate water system. . Mayor Schwartz was opposed to the annexation as he did not.feel it had any advantages to offer the City due to its elevation, it would call for a change in City policy. With the present water problems in the general area and throughout the City, he stated he would oppose any annexation which would place a hardship on the water system. City Council Minutes June 5, 1972 Page 11 Councilman-Brown felt it was infeasible to serve the property with water and it should therefore not be annexed. On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the City would not entertain annexation of this property due to the critical nature of water . services in the area, and because it was in opposition to established City policy, and the existence at present of-large tracts of land for development below elevation 460. Motion carried. 13. D. F. Romero, City Engineer, stated he had inspected the improve- ments in Tract 442 and that the tract had been completed in accordance with the subdivision agreement and City requirements. He therefore recommended that the City Council accept the tract. On motion of Councilman Graham, seconded by Councilman Brown, the follow= ing resolution was introduced. RESOLUTION NO. 2335, a resolution accepting the off -site improvements in Tract 442, Burke Subdivision. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 14. The City Council received a report from the Tree Committee regarding the Hathway property on Johnson Avenue. The Tree Committee recommended that the curb line of Johnson Avenue near Ella Street be moved out eight feet (81) into the parking lane in order to protect the oak tree near Ella Street. The City Council discussed the recommendation of the Tree Committee, and on motion of Councilman Blake, seconded by Councilman Brown, that the City Council approve the plans and specifications for.widening Johnson Avenue at Ella Street as previously submitted to help traffic safety. The motion lost with Councilmen Graham and Gurnee and Mayor. Schwartz, voting no. I Councilman Graham moved to refer the matter back to the Tree Committee for restudy with the sidewalk four feet (41) from the curb line. There was no second. Councilman Gurnee moved that the City proceed with the widening at the eight foot (81) line as recommended by the Tree Committee. There was no second. On motion of Mayor Schwartz, seconded by Councilman Graham, that the City wished to save the trees but the eight foot (81) recommendation would cause a substantial traffic hazard, so the curb should be moved in four feet (41) from the designed curb face. Plans and specifications to be approved on-this basis. Motion carried. D. F: Romero, City Engineer, reminded the City Council that he felt this modification left a hazard to motorists on Johnson Avenue. The Tree Committee also recommended to the Council that Madonna Road be- tween Calle Joaquin and the outlet channel.of Laguna Lake be .widened on both sides as previously planned even though this means loss of some of the trees on the east side of the road. City Council..Minutes June 5, 1972 Page 12 The Tree Committee recommended that the grove of trees at the end of Calle Joaquin and Highway 101 be'saved if possible. The Committee recommended that the future alignment of Calle Joaquin be adjacent to the freeway. The Council had no objection and accepted these recommendations from the Tree Committee. ' 15. D. F. Romero, City Engineer, presented the plans and specifi- cations for widening Johnson Avenue at Ella Street as approved by the Council. 16. D. F. Romero, City Engineer, presented the p -lans and specifi- cations for Ramona Drive, Bond and Leff Streets Assessment District which would include installation of water lines and appurtenances.and street paving,on each street. On motion of Councilman Blake, seconded by Councilman Brown, the plans and specifications were approved for both projects and the Engineer was authorized to call for bids. Motion carried.. 17. D. F. Romero, City Engineer, presented for the Council's consideration, plans and specifications for Phase III of the Mission Plaza development which included electrical system and automatic sprinkler system and Mission Plaza style sidewalk on Broad Street, Higuera Street and repairing the bridge on Broad Street. Estimated cost: $T8,000. - - -. On motion of Councilman Blake, seconded by Councilman Gurnee, the plans and specifications were approved and the Engineer was authorized to call for bids. Motion carried. 18. On.motion of Mayor Schwartz, seconded by Councilman Brown; the following resolution was introduced. RESOLUTION NO. 2331, a resolution of the Council of the City of San Luis Obispo approving submittal by the City, of.an application fo Workable Program Recertification and.author- izing the City Administrative Officer to execute said application. . Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 19. The City Council received a memorandum from the City Attorney reminding them that groups and organizations using the Mission Plaza . for special events should supply the City with a certificate if insur- ance indemnifying the City and holding it harmless. The memo was received and filed. 20. The City Council discussed a program initiated by the City of Chino for signing of the freeway with freeway oriented services and business signs. The Council felt that if a further pilot program was to be initiated by the Division of Highways, then the City of San Luis Obispo should ask that the program be tried in San Luis Obispo on the 101 Freeway. City Council Minutes June 5, 1972 Page 13 On motion of Councilman Blake, seconded by Councilman Graham; the follow- ing resolution was introduced. RESOLUTION NO. 2332'a resolution of the City Council of the City of San Luis Obispo urging the State Division of Highways to approve a pilot project along the Pomona Freeway through the City of Chino for commercial freeway- oriented signs within the freeway right of way and offering full cooperation for an additional project along older freeways. 21. The Legislative Bulletin from the League of California Cities dated May 25, 1972, was received and filed. 22. A communication from Californians Against the Pollution Initiative was ordered received and filed. 23. A communication regarding a recommendation to.Congress that com- pensatioh for removal of non - conforming billboards be optional for each state was ordered received and filed. 12:01 A.M. Councilman Gurnee left the meeting. 24. Discussion of the Mozart Festival Association fund request. Councilman Graham excused himself from the Council table as he was a member of the Association. Clifton Swanson appeared on behalf of the Mozart Festival Association asking that the City Council reconsider their denial of the $3,000 allocation from the 1971 /72 promotional budget for the 1972 Mozart Festival and asking that the $3,000 promised from the 1972/73 budget. be for the 1973 Mozart Festival. He stated that due to the timing of the festival and funding requisitions, they were out of sequence with the fiscal year as the festival was held early each year... Homer Odom, Promotional Committee Member, urged the Council to reconsider the Promotional Coordinating Committee's recommendation and grant the $3,000 from the 1971 fund. On motion of Councilman Blake, seconded by Councilman Brown, that the City grant $3,000 to the 1972 Mozart Festival from the 1971/72 budget. Motion carried with Councilmen Graham and Gurnee absent. Councilman Graham returned to the Council table. 25. Homer Odom, Promotional Committee Member, made a presentation to the City Council asking them to underwrite the Shakespeare Festival which would be held in San Luis Obispo during the month of July 1972 with a maximum grant of $4,000 which would be returned to the City i:f the Festival made any profit over $4,000. A. J. Shaw, City Attorney, called the Council's attention to the contract between the City of San Luis Obispo and the New Shakespeare Company which included a requirement that the New Shakespeare Company supply the City with a certificate of insurance protecting the City from any liability: H. Odom felt this requirement could be paid for by the City as an expense of the festival and not carried by the company which had. never before.had any insurance. Councilman Graham objected to the number of appearances over the short span of days as he did not believe there was enought. interest in Shakes- peare in the City to make so many performances successful. City Council Minutes June 5, 1972 Page 14 On motion of Councilman Blake, seconded by Councilman Brown, that the City Council reaffirm their previous motion in support of the Shakespeare Festival with the provision that a certificate of insurance be submitted to the City by the Company. Motion carried with Councilman Graham voting no, and Councilman Gurnee absent. 26. The City Council received notice of a Nationwide Recreational Planning Forum to be held in San Francisco on June 29, sponsored by the U. S. Department of the Interior, Bureau of Outdoor Recreation. William Flory, Director of Parks and Recreation, was authorized to attend as the City's representative: 27. R. D. Miller, Administrative Officer, stated that Laurence Lakey who was employed at the sewage treatment plant, had requested a week off without pay.in order to be married and he.could then pick up the time when he was eligible for vacation time. The City Council authorized the leave without pay under the conditions as outlined. 28. On motion of Councilman Blake,.seconded by Councilman Brown, the meeting adjourned. APPROVED: July 17, 1972 1- F- H7PATRICK, CITY CLERK 1 LJ L