HomeMy WebLinkAbout04/07/1975City Council Minutes
April 7, 1975
Page 2
Foster M. Gruber, member of the Citizens Advisory Committee, submitted a
letter to the City Council urging prompt adoption of the proposed ordinance
regulating use of motor vehicles on private property. He felt that what the
ordinance was actually doing was the abatement of a serious nuisance per-
petrated on citizens living on the outskirts of the City, Ferrini Heights,
Terrace Hill, Laguna Lake, etc., and the problem was simply unrestricted,
ear - shattering noise.
' He stated that the ill, the aged, the decrepit, and the church attendees all
living within earshot of the unmuffled motorcycle playground areas had
no means of combating this plague except through the efforts of their elected
officials.
Many complaints had been received by members of the Citizens Advisory
Committee; as many more had been reported to the Police Department;
certain City Council members had been involved; and so far with but
minimal response to citizens' needs. He reminded the City Council that
it had been 18 months since this problem was first called to the Council's
attention by Dr. Robert Valpey.
He continued that considerable man -hours had been spent in the preparation
of submittals to the City Council for adoption as abatement proceedings,
but little sympathy, other than verbal, had been elicited from the Council
in general. Proposals had been delayed, postponed, revised, lost, referred
to other agencies, returned for revisions, etc. In the meantime, the
public nuisance had worsened, but no measures were being taken against it.
Verbal acquiescence as to the merits of each proposal had been stated,
but words had little effect on nuisances. He stated what the alarmed
citizens of San Luis Obispo needed now from their City Council was action
in supporting a move towards abatement of a vicious public nuisance.
Enrico Bongio, Sierra Way, stated that he was in support of the spirit
' of the ordinance and hoped that the ordinance would be enforced on part
of the Terrace Hill area at least. He stated that these motor vehicles
pollute the air with noise and cause soil erosion.
Robert Stein, cyclist, was in support of some type of cycle control,
but he urged the City to supply an area for motorcyclists to ride their
bikes at the expense of the taxpayer.
Elmore Reynolds, cycle shop owner, was in support of the ordinance, but he
felt the City should supply a park for people to ride their bikes.
Bill Bailey, Laguna Lake, was in support of some enforcement of bike riders
on private property.
Councilman Gurnee moved that the City Council direct William Flory, Park and
Recreation Director, to work with the various motorcycle committees and study
alternate sites for a motorcycle park and report back within 30 to 45 days
with three sites for Council consideration. Motion lost for lack of a second.
On motion of Councilman Gurnee, seconded by Councilman Graham, Ordinance
No. 637 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz
NOES: None'
ABSENT: None
Councilman Gurnee left the meeting.
3. Council considered the FINAL PASSAGE of ORDINANCE NO. 638, an
ordinance of the City of San Luis Obispo for the sale of golf equipment and
merchandise to the City golf pro.
Cit.y'Council Minutes
April .7,'1975
Page s"
On motion of ..Councilman.Norris,..seconded by Councilman Graham,-Ordinance
No. 638-was-.introduced for final passage.
Finally passed on the following ro11 call vote:
AYES: Councilmen Norris, Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee. '
7:45 p.m. Councilman Gurnee returned to the meeting.
4. R.D. Miller, Administrative Officer, submitted a report to the
City.Council. regarding updating of water service installation, acreage and
front-footage main.charges as requested by the City. -He stated that the'
procedure followed had.been the same -as.had been done:during the past two
fiscal.years in updating water service installation charges, based on the
..increase during the year in the engineering cost index published.in the
Engineering'News record. The index currently showed an increase of 9.8
percent.over. last =year compared with'.a figure last year'of.5.8 percent.
In.. rev iewing:. the: siituation:with.the water staff'. they suggested that the
City..Council.increase the charge for meter installation from $5 to $10
based.-on current labor costs, but t}iis would not increase the total.for
the complete service installation...
In addition to:the - above, the Administrative Officer stated that if the
Council wished to give special.weight.to the recent $2,000,000 investment
in.the 4'.mil-lion gallon water tank, crosstown feeder and related facilities
this would-amount to - approximately $338 per acre for the 5,907 acres.in
the City. No matter what the decision,:to leave the acreage charge at $845
or.increase it to somewhere-in the - neighborhood of $1,200, the whole matter
probably ought to be reviewed by the consulting firm who,prepared =our new .
inventory of:.water facilities and.the. rate analysis. .
Therefore', the Administrative Officer recommended that the City-Council
amend -the ezisting-resolution, and- .increase the water acreage charge from
$770 per acre t6:$845 ,per acre'. and increase the meter installation charge
by $5.
On.mo.tion.of Councilman Gurnee.that...the City Council accept the-.re ' commendation
but increase•t ee.c a— .rge.in the Terrace Hill area to $1,500 per acre,
the Los Osos Valley area to $2,000-pet acre, and the balance of the City be
$845 per acre charge. Motion lost for lack of a second.,'
On motion of Councilman Norris, seconded by Councilman Graham:.the following
. resolution :was- introdticed:..Resolut.ion No. 2762 (1975 Series);.a resolution
of the Council of the City of.San Luis .Obispo revising rate for-new water
service, acreage fees and front footage charges..
Passed and adopted on the following roll-call vote:
AYES: Councilmen Norris, Graham, Petterson and Mayor-.Schwartz
NOES: Councilman Gurnee
ABSENT: None
S. D.F. Romero, Director of Public Services, submitted the.following
cost .breakdown as requested by the City Council on the installation and
operation of radios for the three new buses.
$ 1,830.00 - 3 radios
109.00 - sales tax
138.00 3.installed
9.00 - .freight
2,086.80
City Council Minutes
April 7, 1975
Page 4
The total cost would be $2,086.80 plus $5 per month per radio for
a maintenance contract.
On motion of Councilman Norris, seconded by Councilman Petterson that
the City approve the purchase and installation of three radios in the
buses with the City Attorney to prepare the agreement with the bus
contractor. Motion carried, all ayes.
' 6. Lee M. Schlobohm, Fire-Chief, submitted a draft ordinance for
Council consideration regarding the four - minute response areas within the
City as requested by the City Council. He also announced that the Fire
Department was presently preparing for the Council's consideration a further
ordinance which would adopt the 1973 Uniform Fire Code, in which a number
of these modifications in the proposed ordinance would be included.
The City Council discussed the details with the Fire Chief on the absolute
need for the proposed ordinance amendment as the City Council felt that this
ordinance would add great costs to building construction which might actually
prohibit construction within the affected parts of the City, which would
be an area beyond the four - minute response time of the Fire Department.
They hoped there might be some other way of handling this particular problem.
John Scanlon, retired New York City fireman, stated he was in support of the
ordinance as recommended by the Fire Chief as a life- safety matter.
The final consideration of this matter was continued to the April 21, 1975
meeting to consider with the 1973 Uniform Fire Code consideration.
7. D.F. Romero, Director of Public Services, reported to the City
Council that the Water Quality Control Board requirements adopted in 1974
called for the City to implement a pre- treatment and source control plan
by July 1, 1975. In complying with these requirements, the City retained
John Jenks to prepare a report for implementation of these plans. This
' report was presented to the City at the end of December and presented for
Council consideration in mid - January.
At its meeting of February 3, 1975, the City Council directed Mr. Shaw,
Mr. Peterson, and Mr. Romero to develop an ordinance to comply with the
WQCB requirements. Since that time, considerable staff time had been
spent in developing this ordinance which was now being submitted for
Council review.
The ordinance complied with all E.P.A. requirements and substantially
strengthened those sections dealing with volume, flow rate and strength
and nature of waste discharge. In addition, the ordinance established
the ground work for an equitable system of user charges to defray the cost
of operation, and strengthened enforcement-procedures.-
The staff suggested a tentative schedule for compliance with the Board's
order. The next step, before its adoption by the Council, would be for the
staff to distribute copies of the proposed sewer ordinance to private
industry and meet with industry representatives to receive comments. If
the City Council agreed with the basics of the proposed ordinance, he
recommended that they be allowed to proceed with input from private industry.
A.J. Shaw, City Attorney, stated that he had reveiwed the amended
sewer ordinance prepared by Mr. Romero and Mr. Peterson, and he felt
the ordinance provided substantial changes in many important areas to
permit the City to comply with the requirements of the Water Quality
Control Board concerning the quality and treatment of waste discharge
and further establish a new fee schedule which would provide revenue
sufficient to pay for the cost of sewer plant maintenance and replacement.
The staff letter indicated that the ordinance was now several weeks
behind schedule but that it must first be reviewed by industry representa-
tives and other interested parties before final adoption. The City
Attorney suggested that the City Council approve the proposed ordinance
as submitted as a draft designated for distribution for review and that
the Council establish a date for a study session to review in detail a
proposal set forth in the ordinance.
City Council Minutes
April 7, 1975
Page 5
It would also be the Attorney's suggestion that the ordinance text be
revised to show by underlining or other indications the portions which
had been added to or deleted from the present City ordinance. In the
meantime, he stated he would have the legal matters prepared prior to the
study session regarding enforcement and other legal ramifications.
On motion of Councilman Norris, seconded by Councilman Graham the City Council
accepted the staff recommendation, continued further consideration of the
proposed ordinance to May 12, 1975, and referred the hearing draft to industry
representatives for input prior to the May 12 meeting. Motion carried.
8. Peter R.. Andre, Attorney for the descendants of the Robert Edward
Jack and Nellie Hollister Jack, to grant to the City of San Luis Obispo the
family home, the land upon which the home was located, and various items
of personal property within said home. The property would be held by the
City as historical property to be maintained and safeguarded by the City.
Mayor Schwartz on behalf of the City Council thanked the representative of
the Jack Family for this magnificent gift to the future citizens of San
Luis Obispo.
On motion of Mayor Schwartz, seconded by Councilman Gurnee the following
resolution was introduced: Resolution No. 2761 (1975 Series), a resolution
of the Council of the City of San Luis Obispo accepting the deed to the
"Jack Residence" and authorizing the Mayor to sign the certificate of
acceptance and directing the City Clerk to record said deed.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Gurnee, Graham, Norris and
Petterson
NOES: None
ABSENT: None
10. At the request of Councilman Myron Graham, the City Council con-
sidered inaugurating a policy of foot patrol in the downtown area of San
Luis Obispo on Thursday evenings.
R.D. Miller, Administrative Officer, reported that for the past three Thursday
nights two police officers had been patrolling the downtown district on an
overtime basis.
Police Chief E.L. Rodgers explained that the two police officers and one
police car were assigned on the downtown shopping nights. He stated it was
very difficult with juveniles until they committed some offense. He continued,
if the City Council wished to continue this type of program, they should
consider augmenting the budget with more personnel and additional equipment.
The matter was received and filed.
11. Connie Hendricks, member of the Citizens Advisory Committee,
presented for the Council's consideration the feasibility of instituting a
community gardens project with the City. She felt that widespread enthusiasm
had been submitted to the CAC from throughout the community indicating that
a project of this nature would be feasible.
She felt the following were attainable goals:
1. Generation of community spirit, cooperation and price,
2. Educational and recreational value,
3. Productivity and beautification of idle lands,
4. Production of home -grown food for those City residents
not having available land of their own, and
S. Sharing of produce.
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City Council Minutes
April 7, 1975
Page 6
On behalf of the CAC she felt the City had resources to meet these objectives
by:
1. Available City -owned property, such as the land by the Fire
Department on Laurel Lane, the Fire station site on Los Osos
and Madonna Road, the south side of Broad Street off Highway 101,
and Park $ Recreation Department land at Laguna Lake Park.
2. Privately
owned
land
could be investigated, but
was not needed
at present
due
to the
availability of City -owned
land.
3. Partial listing of available support from individuals and
organizations such as Cal Poly, Student Community Services,
Community Gardens Project would accept responsibility for
overall coordination of Community Gardens Project with the support
of the following:
A. Cal Poly professors for instruction
B. Local nurseries have offerred supplies
C. Parks f, Recreation Department will supply equipment and
composting materials
D. ECOSLO
E. Obispo Beautiful
F. Grassroots
G. Salvation Army
H. R.S.V.P.
I. Private individuals
Connie Hendricks stated in conclusion, the Citizens Advisory Committee
strongly urged that the City Council support the community gardens
project as outlined in the proposal including initial funding not to
exceed $653.40 for Laurel Lane, $904.60 for Los Osos and Madonna Road,
$603.28 for Broad Street, and a maximum of $302.04 for two acre feet of
water for one year.
Don Sheley, Cal Poly Student Community Services, Community Garden Project
Director, stated that his group would accept responsibility for the overall
coordination of the community gardens project, and he again reviewed the
support that his group would receive from both within and without the City
of San Luis Obispo. He again reviewed the sites that were presently avail-
able and the number of plots that could be developed in each one of the
City -owned parcels.
Larry Jacobs stated that it seemed to him that it would be very difficult
to meter each plot on each little tract for water used on each little
garden. He hoped that there would be some way of handling this.
Councilman Norris stated that he was in support of the community garden
project, but he was opposed to spending public tax money to put in water
systems for each plot. He also was opposed to granting free water for
this program.
Councilman Gurnee stated he was in support of the proposal. He said it
was one of the best citizen - activated proposals so far, and he would
agree with granting of public funds to build this program including the
granting of free water to the participants.
Councilman Petterson stated he was in support of the program including
' City development funds and free water.
Councilman Graham felt this was a good program, it was a good use of public
funds, and he felt the money should be used to put in the water system. He
would also give free water to the participants.
Mayor Schwartz stated he too was in agreement with the program. He felt it
was a good program and of need to the poor to augment their meager food supply.
He felt the City should support the development cost with public funds. He
also felt the group should look into some way to arrive at some token water
payment.
City Council Minutes
April 7, 1975
Page 7
On motion of Councilman Gurnee, seconded by Councilman Petterson the following
resolution was introduced: Resolution No. 2759 (1975 Series), a resolution
increasing the 1974/75 budget.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: None
The City staff was instructed to work out details as outlined in the program
by the Citizens Advisory Committee. Motion carried, Councilman Norris voting no.
9:00 P.M. Mayor Schwartz declared a recess.
9:15 P.M. The meeting reconvened with all Council members present.
12. Mrs. J. Scanlon, 339 Patricia Drive, appeared before the City
Council appealing a ecision of the City Planning Commission. She was
objecting to a building permit being issued to Mr. Grant at 338 Christina
Way for an addition of a home resulting in a height of 2 -1/2 stories in
an area of one -story homes. She stated that this particular addition
would completely prohibit the view in that direction. She felt that
this addition by this neighbor devaluated his property by at least
$10,000 and affected all the one story homes within a 500 foot radius.
She felt that this building was a monstrosity, and it was an insult to
the aesthetic nature of the neighborhood. She felt that a personal
inspection by the City Council would show that somewhere, somehow some
City law was violated in allowing this two -story addition to be developed.
Robert Strong, Community Development Director, stated that the single
family residence located at 338 Christina Way was originally constructed
pursuant to a building permit issued March, 1953. On September 6, 1974
a building permit was issued for the addition in compliance to all zoning
and building code requirements. Following issuance of the permit and
commencement of the construction, Mr. Scanlon complained requesting that
the construction permit be revoked.
Robert Strong stated that his staff had met with Mr. Scanlon explaining
that the permit was a ministerial act pursuant to City ordinances, was
categorically exempt from the ARC, and the City had no authority to revoke
the permit. Had the concern been known prior to a building permit issuance,
perhaps the City could intervene for any structure that could block an
existing resident's view or exceed the prevalent single -story construction.
However, such a course would create difficult administrative problems and
develop rather arbitrary interpretations.
He concluded that after a conference with the City Attorney, the City had
no authority to revoke a valid construction permit issued in accordance
with all requirements. He therefore felt that there should be no further
action taken by the City in response to the Scanlons' request.
Mr. and Mrs. John Scanlon, 339 Patricia Drive, again appealed to the City
Council to revoke the building permit issued to the Grants at 338 Christina
Way for a two -story addition to their property. They objected on the basis
that they lost their view to this terrible construction, that it was unfair
as they lost their privacy, and they felt their property had been devaluated '
by a great amount of money.
A.J. Shaw, City Attorney, r
the Grant permit, which was
requirements and was exempt
.Based on-the-recommendation
Planning staff, the Council
action on his appeal.
aviewed for the City Council the action taken with
legally issued in accordance with all code
from ARC conditions.
of the City Attorney and report of the
informed Mr. Scanlon they could take no
City Council Minutes
April 7, 1975
Page 8
13. Communication from Art Jack, Treasurer for the Committee to
re -elect Ken Schwartz, requesting that the campaign account surplus in
the campaign funds be allowed to be donated to the benefit of the Mission
Plaza program.
Mayor Schwartz left the meeting due to a conflict in this matter.
On motion of Councilman Petterson, seconded by Councilman Gurnee that
' the City Council accept the offer of Art Jack for contribution to the Mission
Plaza fund. Motion carried, all ayes, Mayor Schwartz absent.
Mayor Schwartz returned to the meeting and took his place.
14. Robert Strong, Director of Community Development, submitted
for the Council's consideration a recommendation from the Planning Commission
approving Minor Subdivision 423, lot line adjustment, Maino Construction
Company, 1122 Laurel Lane in the M zone.
The minor subdivision in question could be generally described as an
exchange of property (75' x 450' consisting of about 3/4 of an acre of
land) from General Fireproofing to Maino Construction Company.
The intent of the applicant was to increase the size of his parcel in
order to provide additional parking space and circulation on parcel "B"
containing offices occupied by the California Highway Patrol, State
Water Quality Control, Pacific Telephone and Maino Construction Company.
All uses were conforming to the underlying zone and the lot line adjust-
ment would not cause violations to the building minimum setbacks.
The Planning Commission recommended approval of the minor subdivision
subject to the conditions outlined.
On motion of Councilman Gurnee, seconded by Councilman Graham the tentative
tract map of Tract 423 was approved.
15. At this time the City Council considered the recommendation of
the Planning Commission to divide an existing eight unit apartment into
air -space condominiums at 1497 Royal Way, Tentative Tract Map No. 533.
(See Planning Commission Resolution No. 689 -75).
Robert Strong, Community Development Director, stated that the
Planning Commission felt that this condominium conversion would not
adversely affect the rental housing supply due to its small size.
The Commission also felt that the subdivision conformed to the
General Plan and did not conflict with the goals and objectives of
the housing element of the General Plan. He also stated that the
apartment structure was originally designed and constructed to easily
be converted to a condominium. The Planning Commission concluded
that in the absence of a condominium conversion ordinance by the City,
expressly indicated that approval of the project was not in any way
intended to establish a precedent for the conversion of other similar
apartments nor was it intended to limit any provisions or restrictions
which may be deemed appropriate if the City were someday to enact a
condominium conversion ordinance.
Robert Strong stated that the tentative tract map was approved by
the Planning Commission subject.to the following conditions:
1. Owner shall pay in lieu fees for park land dedication per approved
City formula.
2. Copy of Covenants, Conditions and Restrictions shall be approved
by the City Attorney prior to recordation of the final map.
3. The Covenants, Conditions and Restrictions shall contain provision
for the following:
a. A Homeowner's Association.
City Council Minutes
April 7, 1975
Page 9
b. Perpetual maintenance and repair of the landscaping, parking
area and exterior of the buildings. This provision shall
ensure maintenance of the buildings and premises in first
class condition and shall grant to the City the authority to
maintain the premises or cause them to be maintained at the
expense of the Homeowner's Association in the event the
maintenance or repair is inadequate or has deteriorated so as
to constitute a public nuisance.
c. No parking except in designated approved spaces.
d. No amendments to the Covenants, Conditions and Restrictions
affecting City imposed conditions without written approval of
the City of San Luis Obispo.
Robert Strong concluded by saying that the Commission did originally
pass a resolution of intention to approve the conversion requiring, at
the recommendation of staff, the development be provided with enclosed
carports for the convenience of the prospective owners. The applicant,
at a subsequent meeting, presented evidence that covered parking, because
of the location of the existing spaces (in front of the structure) and
the architectural style of the building, would adversely affect the
integrity of the architecture of the apartments. The Planning Commission,
being receptive to the presentation, approved the project without covered
parking.
The staff opposed the project because it considered the project to be
precedent setting (the City having not yet determined firm policy in
the form of a condominium conversion ordinance) and "substandard" to
the extent that the project would be an alternative form of single - family
housing and should be provided with, at least, covered parking, outdoor
storage, and usable recreation area.
He recommended that the City Council not.approve this conversion to a
condoninium as the City does not have any adopted criteria for such
conversions and without this. criteria there would be no amenities
for small family living, and finally, whatever it is called, this
particular unit will be eight single family units.
A.J. Shaw, City Attorney, stated that as long as the proposed
conversion meets the conditions of the General Plan the Council
could only deny the tentative map for lack of design or improvements.
Charles French, Attorney for developer, appeared before the Council to
answer questions, if any.
Mr. Thompson, property owner, urged the City Council to support the
recommendation of the Planning Commission. He stated that the subject
apartments were originally developed as condominiums, but due to lack
of City regulations and criteria at the time they were constructed, they
were developed as apartments with the understanding that they could
be converted later.
Councilman Petterson stated that this property owner had been patient
with City in awaiting the adoption of a condominium conversion
ordinance, and he felt that all existing conditions had been met and
therefore he would approve the tentative map.
1
Councilman Norris stated that he would support the recommendations of I
the Planning Commission as he felt this was a good development.
Mayor Schwartz agreed that City Planning Commission should come up with
an ordinance with standards and criteria for condominium conversion.
He also felt that this application had been before the City too long
and he would go along with the recommendation of the Planning Commission
on its own merit and did not feel that it would start a precedent for
future conversion.
City Council Minutes
April 7, 1975
Page 10
On motion of Councilman Graham, seconded by Councilman Norris that the
City Council approve the tentative map of Tract No. 533, 1497 Royal
Way, subject to the following conditions:
1. Owner shall pay in lieu fees for park land dedication per approved
City formula.
2. Copy of Covenants, Conditions and Restrictions shall be approved
by the City Attorney prior to recordation of the final map.
3. The Covenants, Conditions and Restrictions shall contain provision
for the following:
a. A Homeowner's Association.
b. Perpetual maintenance and repair of the landscaping, parking
area and exterior of the buildings. This provision shall ensure
maintenance of the buildings and premises in first class con-
dition and shall grant to the City the authority to maintain
the premises or cause them to be maintained at the expense of
Homeowner's Association in the event the maintenance or repair
is inadequate or has deteriorated so as to constitute a public
nuisance.
C. No parking except in designated approved spaces.
d. No amendments to the Covenants, Conditions and Restrictions
affecting City imposed conditions without written approval of
the City of San Luis Obispo.
And further, that the conversion is in accordance with the City's General
Plan.
Motion carried on the following roll call vote:
AYES: Councilmen Graham, Norris, Gurnee, Petterson and
Mayor Schwartz
NOES: None
ABSENT: None
16. Memorandum from Fire Chief Lee Schlobohm recommending a
resolution be adopted by the City Council giving authority to the
Utilities Superintendent to approve the installation of additional
fire hydrants on dead -end water mains in new developments in lieu of
the blow -off valve normally required.
On motion of Councilman Graham, seconded by Mayor Schwartz the following
resolution was introduced: Resolution No. 2767 (1975 Series) a resolution
of the Council of the City of San Luis Obispo interpreting City ordinance
provisions concerning fire hydrants in cul -de -sacs.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
' NOES: None
ABSENT: None
17. Memorandum from Wayne A. Peterson requesting clarification on
the Drainage and Paveout Policy presently being followed by the City staff.
The present policy, as he understood it, was:
A. City designs and pays for all drainage structures (drop inlets,
pipes, etc.) when required due to the construction of curb and
gutter on an accepted City street.
City Council Minutes
April 7, 1975
Page 11
B. City paves out "in Kind" to all newly constructed curb and
gutter. Builder of the curb and gutter would provide base.
"In kind" means constructing with the same material as the
existing traveled way.
His question to the City Council was that many communities did not provide
these high -level services for developments and they were normally paid for
by those benefiting from the improvement.
On motion of Councilman Graham, seconded by Mayor Schwartz the following
resolution was introduced: Resolution No. 2768 (1975 Series), a resolution
of the Council of the City of San Luis Obispo reaffirming the City's
drainage and paveout policy.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Graham, Gurnee, Norris and
Petterson
NOES: None
ABSENT: None
18. Wayne Peterson, City Engineer, presented for the Council's con-
sideration plans and specifications for PRADO ROAD STORM DRAIN, estimated
cost was $6,600. He explained that this curb grade design required a
double drop inlet at the corner and a storm drain pipe to carry the water
to San Luis Creek. He recommended that the City Council authorize plans
and specifications to be prepared.
On motion of Councilman Graham, seconded by Councilman Norris the City
Council approved the plans and specifications and authorized the call for
bids. Motion carried.
19. William E. Flory, Director of Parks & Recreation, stated that it
was just brought to his attention this date that there might be funds
available under the Land and Water Conservation Fund Program for purchase
of the La7,una Lake Golf Course and Driving Range facilities in the 1975 -76
budget.
He continued he spoke, this date, with State personnel handling grants and if
such a grant were approved for this project, the City would budget for the
total amount of which 50 percent would be reimbursed by the State to the
City under the Land and Water Conservation Fund Program.
If all of the heretofore mentioned items were approved by both the State
and City, it would mean that the City could obtain the golf course and
driving range property for park and recreation purposes for approximately
$170,000 instead of $260,000 for the golf course and $80,000 for the driving
range facility.
He stated that he asked State personnel questions regarding sale of this
property should the City wish to sell it and develop and obtain another
golf course in the future. He was told that this was possible under an
agreement that any such acquisition and development would necessitate
property of similar value and utility. Also, should the cost be higher
than the proposed project, the City would then be obligated to pick up the
difference. J
If the City Council wished to consider the proposal, he hoped that they would
direct the City staff to pursue the application for said grant. The necessary
steps should be: 1) submittal of an intent to file with the State Clearing
House, normal review period - 60 to 90 days; 2) direct the Community Develop-
ment Department to include said project as part of the recreation element in
the General Plan before July 1, 1975; 3) submit an.application for the grant
to the State Park & Recreation Department for review and approval before the
July 1, 1975 deadline.
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On motion of Mayor Schwartz, seconded
instructed to proceed with preparation
the Council for approval when ready.
City Council Minutes
April 7, 1975
Page 12
by Councilman Petterson staff was
of the application and present it to
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On motion of Councilman Graham, seconded by Councilman Petterson Consent Items
C -1, C -3, C -4, C -5, C -7, C -8, C -9, C -10, C -11, C -12, C -15, C -16, C -17, C -18, C -19,
C -20 and C -21 were approved as recommended.
' C -1 The claims against the City of San Luis Obispo were authorized
payment subject to approval by the Administrative Officer.
C -2 On motion of Councilman Graham, seconded by Mayor Schwartz the
following contract pay estimates were approved:
R. Baker Construction
Est.
#6
$ 28,123.91
LOS OSOS VALLEY - OLD TOWN
Est.
#7 FINAL
50,530.72
(5/12/75)
WATER TRANSMISSION LINE
C.C.O. #l'
+362.51
City Plan No. W73 -10
C.C.O. #18
+246.28
WATERLINE IMPROVEMENTS,
Est.
#3
1,025.23
WALNUT STREET, C.P. #7 -75
Est.
#4 FINAL
1,737.27
(5/12/75)
G.L. Douglas Construction
Est.
#4
385.00
WATERLINE IMPROVEMENTS
Est.
#5 FINAL
1,651.35
(5/12/75)
City Plan No. W74 -2
Karleskint -Crum, Inc.
Est.
#1
8,597.70
SENIOR CITIZENS CENTER
Est.
#2
3,285.52
Irrigation $ landscaping
MADONNA CONSTRUCTION CO. Est. #8 58,396.37
EDNA SADDLE RESERVOIR
' City Plan No. W73 -8
Pacific Erectors Corporation Est. #2 48,625.58
EDNA SADDLE RESERVOIR TANK
SITE ERECTION, C.P. #W73 -7
C -3 The City Council acknowledged and approved the City Council
minutes of December 4 and 9, 1974 and January 13, 1975.
C -4 The report of the City Clerk on the proposals received for
the Water and Sewer Rate Study was referred to the subcommittee for
study and recommendation to the City Council.
C -5 Communication from David F. Romero to Leonard Blaser regarding
applying a granite chip seal coat to Tract 429 and Tract 445 was continued
to April 21 for staff report and a bone —was accepted for chip seal.
C -6 On motion of Councilman Graham, seconded by Mayor Schwartz the
communication from A.H. Krumhaus stating his concerns that landscaping
requirements had not been completed along Higuera Street (Los Verdes Park -
Unit I) as required by the Planning Commission was referred to the Develop-
ment Services Department for investigation and report to the City Council
on April 21, 1975.
C -7 Communication from dim Bourn, La Fiesta de San Luis Obispo,
' requesting Council consideration and approval of requirements for 1975 La
Fiesta including the parade permit.
On motion of Councilman Graham, seconded by Councilman Petterson the following
resolution was introduced: Resolution No. 2770 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving the closing of State
Highway for La Fiesta Parade.
City Council Minutes
April 7, 1975
Page 13
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Petterson, Gurnee, Norris and Mayor
Schwartz
NOES: None
ABSENT: None
C -8 Waterways Planning Board minutes of March 28, 1975 were ordered I
received and filed.
C -9 Memo from Jack Kellerman, Chief Building Inspector, advising
that all properties in Underground Utilities District #7 had been converted
to underground services and that the clean -up work was now in progress was
ordered received and filed.
C -10 Communication from Ruby Siegel regarding City support of
Grassroots II was referred to the Human Relations Commission and City
Council for budget study.
C -11 Communication from Martin Polin, Attorney, stating concerns in
first priority in City spending was referred to the Human Relations Commission
and the City Council for budget study.
C -12A Communication from Linnaea Phillips requesting permission to
use Mission Plaza on May 3 for "May Day" and also the use of the Adobe, and
closure of Palm Street to Monterey and Monterey to Broad was approved.
C -12B Request from Linnaea Phillips for use of the Mission Plaza to hold
the Old Fashioned Fourth of July celebration, closure of Palm to Monterey
and Monterey to Broad, and the use of the Adobe for display purposes was
approved.
C -ls- Request from Eugene Booth to remove the name plate at Higuera and '
Santa Rosa (Booth's) was referred to the Public Services Department for
action.
C -14 Memo from David F. Romero, Public Services Director, regarding
sewer back up at Dinc -Hall-residence, 287 Tassajara. The recommendation
of the Public Services Director was approved.
C -15 Claim against the City of San Luis Obipso by Mrs. E.Y. Martindale,
307 La Canada Drive, for damages done to her camper when s it a tree was
denied and referred to the insurance carrier.
C -16 Claim against the City of San Luis Obispo by Jenna Kay Parker
for damages when her car was struck by a police car was enied and referred
to the insurance carrier.
C -17 Claim against the City of San Luis Obispo by Mrs. Angelo Morabito,
201 Crestmont Drive, claiming damages to her car when shit a ale i
road was denied and referred to the insurance carrier.
C -18 Claim against the City of San Luis Obispo by Susan M. Bonney for
damage done to her car when she backed up into an open trench,-1219 Ella
Street, was denied and referred to the insurance carrier.
C -19 Request for sick leave for Elton Hall from March 3 through
March 11, 1975 was approved.
C -20 The Administrative Officer announced the.appointments of:
Lurinda DuFresne as Dispatcher Clerk for the Police Department
effective April 1, 1975, starting at Step 1 or $608, subject
to a one -year probationary period.
Susan M. Hoover as Typist Clerk II, effective April 1, 1975,
starting at Step 1 or $574, subject to a one -year probationary
period.
1
1
1
City Council Minutes
April 7, 1975
Page 14
Appointments continued -
Janet D. Rude as Police Woman, effective March 31, 1975,
starting at Step 1 or $898, subject to a one -year probationary
period.
C -21 Grant Deed from Robert H. and Donna H. Sterling for street
widening purposes on Serrano Drive was accepted and the Mayor was authorized
to sign and record.
C -22 Memo from A.J. Shaw, City Attorney, requesting that the matter
of the Anderson Hotel and facilities for the physically handicapped therein
be continued to the meeting of April 21, 1975 as Attorney Carol Allen would
be unable to appear at the April 7, 1975 meeting.
On motion of Councilman Gurnee, seconded by Councilman Graham the request of
the City Attorney was approved and the matter was set for public hearing on
April 21, 1975.
---------------------------------------------------------------------------
B -1 The City Clerk reported on the following bids received for the CITY
HALL REMODELING_. Bids opened April 1, 1975 at 4 p.m. (see exhibit "A").
Ethan Jennings, Architect of the City Hall Remodeling, reported to the City
Counci tie felt the bid submitted by Wally LaFreniere was a good bid,
was substantially lower than the other bids received, and he felt that the
City Council should accept the bids as presented for the lower level and
second floor and Council Chambers. He recommended that the Council Chambers
remodeling not be postponed as he was sure the cost would not be lower in
the future. The room exits presently did not meet the fire exit requirements,
the heat and ventilation were inadequate, it was difficult to hear the
proceedings, and did not provide for multi - purpose use, just to mention a
few of the deficiencies.
He stated that all these matters would be corrected in his design. He also
recommended that Alternatives 4 and 5 be added to the contract dealing with
the partitions. He felt this would add a convenience and would be cost
saving. He therefore recommended that the contract be let for $433,850,
including the base bid plus Alternatives 4, 5, and 6 as follows:
$ 290,000.00
+ 68,000.00
358,000.00
74,000.00
$ 432,000.00
4,200.00
650.00
$ 436,850.00
- 3,000.00
TOTAL $ 433,850.00
In addition to the $433,850 recommended by the architect, he suggested
they budget approximately five percent additional for construction
contingencies to cover expected change orders, plus two and one -half
percent for office expenditures caused by construction such as moving,
storage, temporary screens, etc.
He also recommended that all communications between the owner and contractor
be through the architect and that no one in the City organization give
directions to th6 contractor.
Wally LaFreniere, contractor, submitted a letter to the City Council
stating that he desired his bid to be withdrawn in the event the City
should decide the award of the complete base bid as he had made two
serious errors, one dealing with the new seating for the Council Chambers
and the other area was a change in bid by the subcontractor for carpeting.
Lower Level
#1
Upper Level
subtotal
#2
Council Chambers
base
bid total
#4
Lower Level -
Movable
Walls
#5
Upper Level -
Movable
Walls
subtotal
#6
Cabinets
$ 290,000.00
+ 68,000.00
358,000.00
74,000.00
$ 432,000.00
4,200.00
650.00
$ 436,850.00
- 3,000.00
TOTAL $ 433,850.00
In addition to the $433,850 recommended by the architect, he suggested
they budget approximately five percent additional for construction
contingencies to cover expected change orders, plus two and one -half
percent for office expenditures caused by construction such as moving,
storage, temporary screens, etc.
He also recommended that all communications between the owner and contractor
be through the architect and that no one in the City organization give
directions to th6 contractor.
Wally LaFreniere, contractor, submitted a letter to the City Council
stating that he desired his bid to be withdrawn in the event the City
should decide the award of the complete base bid as he had made two
serious errors, one dealing with the new seating for the Council Chambers
and the other area was a change in bid by the subcontractor for carpeting.
City Council Minutes
April 7, 1975
Page 15
If the City Council intended to award the bid less the Council Chambers,
he would be glad to honor the bid if the Council wished to award it to him.
Ethan Jennings, Architect, stated that under state law he did not feel that
the City Council should let the contractor get out of the low bid regardless
of excuses. He felt the City should make him stick to his bid, or make him
forfeit his ten percent bidder's bond.
A.J. Shaw, City Attorney, stated that the Council should proceed with the '
bid analysis and if they felt that LaFreniere's excuse was justified, then
the Council could let him off his bid and not forfeit the bid bond.
Councilman Gurnee felt that additional space was needed in City Hall to
accommodate the new staff. He felt that the proposed expenditure of over
$433,000 was too much, and he felt that some alternates should be looked
into. He felt that the plans presented by Jennings were too ambitious and
should be scaled down. He suggested that the City Council should reject
all bids and consider selling City Hall and move to a new building.
Councilman Norris felt the remodeling plans were being pushed too fast by
staff. He did not feel that enough time was allowed for staff input to
make their desires known to the administration. He felt that some office
space must be provided in the basement and that was the logical location
for such expansion. He would reluctantly support the work in the basement,
but he would not support any work on the first floor, and absolutely no
money for remodeling of the Council Chambers.
Councilman Petterson stated he did not feel that the plans considered by
the Council really did the job for staff and City operation, but he would
reluctantly support remodeling of the basement, but absolutely nothing for
the first floor or Council Chambers.
Councilman Graham felt the plan for remodeling was too elaborate a develop-
ment for the basement. He felt the proposal was too plush for this type of ,
work to be done in the area. He felt some work could be done in the basement
to make better working area, but not full development as recommended by the
architect and staff. He would support the audio visual improvements to the
Council Chambers, but he would not support the full improvements as designed.
Mayor Schwartz stated he was surprised at the Council's attitude as he felt
the Council had been made fully aware of what was being considered in the
remodeling. He felt that this had been long considered by the Council. He
felt that the greatest weakness in the City was the administrative structure
and that possibly this dealt directly with the physical appearance and
working conditions that they had to be in. He felt that the bids were
not out of line, were not too high in relation to other costs. He felt that
the Council Chambers were lousy and should be remodeled to better serve the
public. He urged the Council to accept the whole bid package as he felt the
bids were reasonable. He also felt that the people of San Luis Obispo had
a right to expect a good City Hall. He urged full remodeling, not plush
development but necessities.
Wally LaFreniere again explained that the expected cost of the first floor
was not adding one square foot of floor space or usable area to the City.
Ray Bunnell stated that he still stood behind his bid and was ready, willing,
and able to proceed with the project if awarded to him.
On motion of Councilman Norris, seconded by Councilman Petterson that the ,
City Council award t e to remodel the basement only, including movable
walls, steamlines and delete the cabinets.
Councilman Gurnee urged that the Council take no action on this bid until
after the 1975776 budget had been considered.
Councilman Petterson withdrew his motion.
Consideration of this item was continued to an adjourned meeting of
4 p.m., Wednesday, April 10, 1975.
City Council Minutes
April 7, 1975
Page 16
TRAFFIC COMMITTEE ITEMS
TC -1 75 -4 =1T Request from County .. that one parking space on the
south . side of Palm east of driveway ramp between two
courthouse buildings, be reserved for handicapped
persons.
On motion.of.Councilman Graham ,..seconded:.by.Councilman Petterson the following
resolution was introduced: Resolution No. 2763 (1975 Series), a resolution of
the Council of the City of-San Luis Obispo establishing a parking space on
Palm Street for.handicapped motorists.
Passed and adopted on-the following -roll call vote:
AYES.: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None.
TC -2 75 -4 -2T If City Hall.remodeling contract is let, 21 spaces in the
City Hall parking lot would be tied up for use by the
contractor for approximately one year. The Traffic
Committee-recommended that parking privilege cards be
issued to certain employees and instructions given to park
in-Lot I across from the Library or any place they can e
other than the City Hall parking lot.
On motion of Councilman Graham, seconded.by Councilman Petterson the recommenda-
tion of the Traffic Committee was approved.
TC -3 75 -4 -3T Request from Dr..McCapes that a red zone be painted on
_..:the.west.side:..of Carpenter at Hathway (to facilitate
backing .out.of. his driveway) and that two -hour parking
time limit zone be.removed from in front of his house-
(previously installed at his request).
Request.form Donald:.Z. Zauft,.390 San Miguel Street, for
solution to problem of getting out of his driveway ramp
..on narrow street. Painting of.curb would set an undesired
Precedent. .•. .
The Traffic Committee had negative recommendations for both these items.
On.motion of-Councilman Graham, seconded by Councilman Petterson the Traffic
Committee recommendation was-approved.
On motion of Councilman Graham, seconded by Councilman Gurnee the;meeting
adjourned to Wednesday, April 10, 1975 at 4 p.m.
APPROVED:. August 18, 1975
F' "atrick;.City Clerk
1
FOLLOWING BIDS RECEIVED FOR ADMINISTRATIVE BUILDING ALTERATIONS, 990 Palm Street, San Luis
(Bids opened April 1, 1975 at 4:00 P.M.)
BASE BID:
including the furnishing of all labor,.
material and mechanical workmanship to
complete the City Hall Building Alterations
including LOWER FLOOR, .ENTRANCE COURT,
STAIRS, UPPER LEVEL INCLUDING THE COUNCIL
CHAMBERS.
ALTERNATE No. 1 (DEDUCT)
UPPER AREA EXCLUDING COUNCIL CHAMBERS
ALTERNATE No. 2 (DEDUCT)
COUNCIL CHAMBERS
ALTERNATE No. 3 (DEDUCT)
UPPER LEVEL & COUNCIL CHAMBERS
ALTERNATE No. 4 (ADD)
ADD OR DEDUCT FROM BASE BID (DEDUCT)
FOR LOWER LEVEL MOVEABLE WALLS
ALTERNATE No. 5 (ADD)
ADD OR DEDUCT FOR UPPER (DEDUCT)
LEVEL MOVEABLE WALLS
ALTERNATE No. 6 (DEDUCT)
DEDUCTION FOR REMOVING CABINETS
ALTERNATE No. 7 (DEDUCT)
DEDUCT FOR DELETING REPLACEMENT OF
EXISTING CONVECTOR SUPPLY & RETURN
LINES
DON GREENE WALLY LAFRENIERE BUNNELL
318 Gutierrez 1308 Oceanaire CONST.
Santa Barbara San Luis Obispo SLO
$535,000.00. $432,000.00
$ 55,000.00 $ 68,000.00
$ 80,000.00 $ 74,000.00
.$135,000.00 $142,000.00
$ 1,000.00
$ 1,000.00
$ 4,200.00
=„ ,,,,
$ 2,500.00 $ 3,000.00
$ 10,000.00 $ 10,400.00
EXHIBIT "A"
$523,000.00
$ 85,000.00
$ 80,000.00
$165,000.00
$ 3,000.00
$ 1,200.00
$ 5,000.00
$ 10,456.00
r 7
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