HomeMy WebLinkAbout08/04/1975Pledge
' Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, AUGUST 4., 1975 - 7:00 p.m.
COUNCIL CHAMBERS, CITY.HALL
PRESENT: Myron Graham, T. Keith Gurnee, Jesse Norris, Steven
.Petterson and Mayor.Kenneth E. Schwartz
ABSENT: None
PRESENT: J.H. Fitzpatrick, City - Clerk; R.D. Miller, Administrative
Officer; A.J. Shaw, Jr., City Attorney; Wayne Peterson,.
City.Engineer; William E. Flory, Director.of Parks and
Recreation; Lee M. Schlobohm, Fire Chief; Dan Smith,
Associate Planner
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1. At this time the City Council.held a public.hearing which would
designate - certain government.employee classifications as executive, administra-
tive and-professional-and exempt.these classifications.from_.the provisions of
the Fair.Labor_Standards Act.
R.D Miller, Administrative.Officer ,.reviewed for-the City.Council..the purpose
of these exemptions from.-the Fair Labor-Standards Act requirements from over-
time, and further.that the Supreme Court had not -yet ruled.on the - constitutionality
of the Act as.-it_ applied to.local government.employees. He stated-.that there
had.been several changes.in. classifications ..:of.key.personnel since the City
announced.their intention to designate.executive, administrative and-professional
personnel. He_felt..this should be enacted by the City.Council as had been
done with-the safety employees.
He.concluded.that all employee organizations had been informed of this meeting
and did not .receive any feedback -from them.
Mayor Schwartz-declared-the public.hearing open.
No one .appeared before the City Council ... for..or against.the.proposed classifica-
tions.
Mayor Schwartz declared the public hearing closed.
On motion of. Councilman. Graham,. seconded ..by_Councilmanl`Gurnee the following
resolution was introduced: Resolution No..2847(1975 Series), a resolution
of the Council of the City of San Luis Obispo approving and adopting labor
relations - procedures for general employees necessitated by the Federal
Fair Labor Standards Act.
Passed and-adopted on the.following ... roll_call. vote:
AYES: Councilmen Graham,.Gurnee,_Norris, Petterson.and Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
August 4, 1975
Page 2
2. At this time the City Council -held a.public hearing on the recom-
mendation of the.Citizens Advisory.Committee and the Community Development
Department.for an increase in water rates on:an.interim.basis,.or until the
completed .stiidies..had.been.made..by a- consultant of the entire water operation
in order to-get billings on a..self - supporting basis.
In.general,.the overall- increase would be 20 percent.in.the basic
water .rates over-what was being charged at-.this time'- and.would be the first
rate.increase-in the water utility.since 1962.
Wayne Peterson, -City Engineer., explained the.need -for the 20- percent, interim
water rate increase which would bring'in sufficient funds to pay for maintenance
and operation of the water system.
Mayor. Schwartz declared the..public hearing open.
Fred Strong,.-representing CEBES, read from _ the•1971 /72 and the 1972/73 State
Controller's report which he'stated.showed that the City made.a profit from
its.water.sales and which he did not feel showed a.need fora water rate
increase. He.hoped -the City Council. -would look..into these questions-before
they consider-.increasing the existing:water.rates. It was his feeling that
the.City of San Luis'Obispo was. constantly rdising revenue without justifica-
tion to the people living in.the. community.
No.one else appeared before the City Council.for or-against the proposed water
rate increase.
Mayor Schwartz declared.the public hearing closed.
R.D. Miller,'Administrative.Officer, reviewed for.the City Council the comments
made by Fred .Strong and his interpretation.of the.Controller's report. Due to
the number of cities in-California and:the.varioiis accounting systems used by
the cities, the State Controller.'s'report groups .. various figures and it was
difficult.to. differentiate from rates and from- .other:.revenues.
Councilman--Gurnee-.stated-that he did. not .feel..it.had.been.proven..to him
that a water rate increase was necessary. He felt it..was wrong to increase
all the spectrum.of water rates and continue-to subsidize the large water
users. -He also-felt-.that-.the basic philosophy.:of.a.percentage increase was
wrong.. Further,.due.to- the.Capital Improvement expenditures, it.would..only
benefit a- small_number -of property owners who were.developi.ng.property such
as in the.Edna Valley.and Los Osos Valiey. He'was also opposed.to a.rate
increase-as the average water.user would be paying higher-water rates to
benefit capital - improvements only to help..promoters and-developers who.were bring -
ing-in new land..at the.expense of the senior citizens, students,..etc.. Finally,
.he.was opposed..to methods presented for water -rate structure, which he felt
rewarded the volume -user with lower rates. He felt- .that..as'.you.use more water,
you should..pay higher water rates. -.He.felt. that all undeveloped areas within
the City should pay a fee based on the actual'.cost.to serve water to.the prop-
erty.
.Councilman.Norris.stated. that he.was..opposed.to the.. water-.rate-increase .for
the. citizens. of San.Luis.Obispo at this time as the 1975 /76.budget.was. approved
as a- balanced budget and.did_ not feel-that-the citizens.should.now.be..forced
to pay higher . water rates in order to pay capital -costs that were not shown
as needed in the budget hearings. He.felt. that .if the-City-needed additional
..water rates.to operate the water system, they should have been brought-out earlier
during.the. budget . sessions and not-at this time...He.felt that the golf
course and_Fire.Department should pay for:.whatever.water they use.and not
keep going back to the citizens to pay.for.these.- operations.
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City Council Minutes
August 4, 1975
Page 3
Councilman Petterson stated he disagreed with the two previous Councilmen's
statements, although he did agree that the large water user should not reap
any benefits from lower brackets. He felt that the water utility should be
self- supporting and not be subsidized by the general or other City funds. He
felt that water rates should be increased in order to put this system on
stable footing.
Councilman Graham felt the water rate increase was needed, but he felt that
there was a need to give a break to the minimum user, such as students and
senior citizens who did not use great volumes of water.
Mayor Schwartz felt that the utilities should be self - supporting and not
be subsidized from other public funds. He felt the rate structure
should be such that the water utility was self- sufficient. He also agreed
that parks, golf courses, and other departments using City water should pay
their share of the water bill from their own revenue sources. He felt that
the City Council should thank the Citizens Advisory Committee for their study
and recommendation on interim water rates, pending a complete study of the
revenue and expenditures of the utility.
On motion of Councilman Petterson, seconded by Mayor Schwartz a
resolution was introduced with the amended eater rates. Motion defeated on
the following roll call vote:
AYES: Councilman Petterson and Mayor Schwartz
NOES: Councilmen Graham, Gurnee, and Norris
ABSENT: None
On motion of Councilman Petterson, seconded by Councilman Gurnee the following
resolution was introduced: Resolution No. 2848 (1975 Series), a resolution
of the Council of the City of San Luis Obispo establishing a City policy
requiring City departments to account for water usage.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
Staff was directed to prepare water rate - schedule for consideration on
August 18.
3. The City Council held a public hearing on a proposal to adopt the
building permit fees shown in Table 3 -A, Section 303 of the Uniform Building
Code, 1973 Edition, including the fees for prefabricated, factory -
built structures and /or components to be forty percent (40 %) of
those set forth in Table 3 -A for complete factory assembled structures,
and seventy percent (70 %) of those set forth in Table 3 -A for componentized
' structures assembled at the erection site.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposed rate
increases.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
August 4, 1975
Page 4
Councilman Petterson stated he was in support of the fee increase for
building permits and hoped the Building Department would be able to get on
top of the work backlogged and get the work out for the-people.
Councilman Graham stated he also would support the fee increases, but hoped
the Community-Development Department would get the plans out a.little faster.
Councilman Gurnee stated he was in support of the fee increase and Councilman
Petterson's comment on getting the department to get the work out.
Councilman Norris stated he was opposed. He did not feel that this increase
would help the housing in the City. He felt that the City budget was approved
without the proposed rate increases, and we should not come along now and add
additional revenue for the City Council to spend.
Mayor Schwartz was in support of the fee increase to try to get the Building
Inspection operation to pay its own way and give better service to people
using the building inspection personnel.
On motion of Councilman Graham, seconded by Councilman Petterson the following
ordinance was introduced: Ordinance No. 643 (1975 Series), an ordinance
of the City of San Luis Obispo amending the Municipal Code to authorize the
establishment of building permit and plan checking fees by resolution of
the Council.
Passed to print on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor
Schwartz '
NOES: Norris.
ABSENT: None
4. At this time the City Council held a public hearing on the recom-
mendation of the Planning Commission to- rezone 1330 Southwood Drive from
PD R -2 to R -1 -S, Application No. R 0498.
Dan Smith, Associate Planner, presented for the Council's information the
recommendation and action of the Planning Commission in this matter as
follows:
1) The present zoning on the subject property (PD R -2) would revert
to the underlying zoning (C -N -S) on July 19, 1975 under the pro-
visions of Section 9200.18 of the Zoning Ordinance.
2) The.underlying zoning on this property.(C -N -S) was in conflict
with the adopted General Plan. . . .
3) The recommended rezoning to R -1 -S would be in conformity with the
adopted General Plan and the staff recommended revisions to the
General Plan.,
4) The inclusion of the "S" designation would allow the Planning '
Commission to review the site planning, landscaping and.building
design on the subject parcel, which was located adjacent to a
waterway and had restricted access.
City Council Minutes
August 4, 1975
Page 5
He concluded that at the public hearing by the Planning Commission on this
rezoning, the Planning Commission considered the applicant's express intent
to pursue a modified planned development proposal. The Planning Commission
opted to rezone the property to R -1 -S and entertain a subsequent proposal
for planned development rezoning by the applicant.
Mayor Schwartz declared the public hearing open.
Don Stickler, property owner, informed the City Council that he still planned
to develop his property to R -2 density and not to R -1 density. He stated he
was opposed to the recommended action of.the Planning Commission, even though
they told him that he could pursue the planned development for his property.
Dan Smith, Associate Planner, agreed that the Planning Commission stated they
would accept a planned development under R -2 density, but that the R -1 zoning
was to be the interim zoning until the property owner came up with a planned
development in order to comply with the General Plan.
Don Stickler continued that he hoped the R -1 -S would not preclude his
developing his land to R -2 with ten units to the acre.
Mayor Schwartz declared the public hearing closed.
Councilman Petterson stated that the rezoning recommended was foolish as it
was inconsistent, the development would be done to a. planned development and
R -2 density, so why go through the steps of rezoning the property to R -1
at this time.
Councilman Norris agreed that the proposed rezoning was a futile act of the
City, as the developer would be coming in for a planned development and would
be back again to go through the whole thing to the R -2 density.
A.J. Shaw, City Attorney, explained the reason for the Planning Commission's
action was the time limit having expired on the PD R -2 zoning.
Mayor Schwartz suggested that the City Council continue their consideration
of this rezoning and asked the Planning Commission to restudy their recom-
mendation based on density for R -1 or R -2 planned development uses.
On motion of.Councilman Norris, seconded by Councilman Graham that the
rezoning be referred to the Planning Commission to consider the extension
of the time limit on the present approved planned development. Motion
carried, all ayes.
Mayor Schwartz declared a recess at 9 p.m.
The meeting reconvened at 9:15 p.m. with all Council members present.
5. At this time the City Council held a public hearing to consider
reports from the Planning Commission concerning certain City resource defi-
cencies pursuant to Ordinance No. 604 -A relative to:
A) Request for a building permit to construct a retail sales /office
building at 1422 Monterey Street in the C -2 zone, Edward Laird,
applicant, and
B) Request for a building permit to construct a retail sales complex
at 1023 Broad Street in the C -2 zone, Brown Properties, applicant.
City Council Minutes
August 4, 1975
Page 6
A. Edward Laird, applicant, 1422 Monterey Street, request for a building
permit to construct a retail sales /office building.
PROBLEM: The project would contribute sewerage to a downstream.sewer line
which was operating at three to seven percent beyond its theoretical peak
flow. The overloaded section was located in Marsh Street between Chorro
and Broad Streets.
PLANNING COMMISSION RECOMMENDATION: No trouble had been reported in this
section. Excess flows could only cause sewerage to rise six or eight
inches above the outlet into the manhole when occasional peak flows occurred.
The Planning Commission and the City Council previously reviewed the subject
deficient sewer line in regard to several other.projects. The consensus of
the Commission was that the deficiency was not an emergency and there was
sufficient time.to rectify the problem without denying permits or other
entitlements. The Planning.Commission was advised that the City Council had
directed staff.to initiate a program of surveillance on flows to monitor
further overburdening.
The Planning Commission recommended that the building permit not be withheld
because, in the opinion of the City Engineer, the subject project would not
generate enough additional flow to be noticeable or measurable and would
not cause any problem in the City's sewer system.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for.or against the project.
Mayor Schwartz declared the public hearing closed. '
On motion of Mayor Schwartz, seconded by Councilman Petterson that the City
Council accept the recommendation of the Planning.Commission and order the
issuance of the building permit. Motion carried, Councilman Gurnee voting no.
B. Brown Properties, 1023 Broad Street, request for a building permit
to construct a retail sales complex.
PROBLEM: The proposed project although.located in the C -2 zone was specified
on the General Plan as an area which should be utilized for parks and open
space. Under Ordinance No. 604 -A, the project had a General Deficiency (as
opposed to Level I or Level II) at a Critical Point by definition.
PLANNING COMMISSION RECOMMENDATION: The-Planning Commission recommended that
the City Council make a determination.on whether to purchase the subject
property, as soon as possible, inasmuch as plans were being prepared for its
development.
Dan Smith, Associate Planner, submitted a memorandum.from.the Planning
Commission regarding this problem stating that -the matter..was before the
City Council prompted by submission of a conceptual development plan for
Architectural Review Commission review. In reviewing the plan for com-
mercial development presented by.the project architect, William E. Tickell,
the Commission concluded that the proposed use.composed of shops, restaurants
and an open -air market place appeared to be more complementary to the Mission '
Plaza than would be open space or perhaps a library.
He then submitted a copy of the.Architectural Review Commission.minutes
relative to the discussion, which concluded that the ARC approved the
schematic diagram of the proposed plan.
City Council Minutes
August 4, 1975
Page 7
Robert Strong, Community Development Director, submitted a memorandum regard-
ing the Brown Properties development proposal objecting to some of the uses
proposed by Mr. Tickell, and he urged the City Council to reconsider this
block bounded by Broad, Nipomo, Monterey and Higuera
' for central business district expansion and possible use as a governmental
center including the Library, park, etc.
In conclusion it appeared that one property, pending private development,
could be excluded from acquisition by the City if the commercial.use was
considered compatible with the adjoining.,.existing, and suggested options.
He recommended, however, that the City immediately acquire the remainder of
the block as well as portions of Higura Street- frontage and any of the
residential properties facing Monterey Street to prevent additional commercial
or multi- family.project proposals which would pre -empt extension of the Plaza
and completion of a cultural center. Both the ARC and Planning Commission
appeared to support this private commercial proposal-despite complications to
public use of the remainder of the block.
Robert Strong stated that in his opinion, the restaurant - bar -shops would
be more appropriate on either the creek side parcel-at Nipomo and Dana Streets,
adjoining the Creamery and Tortilla Flats,-or on the Higuera Street side of the
creek on Broad, or between Broad and Nipomo. Finally, unless extremely well
executed and maintained, it was his professional opinion that a farmers'
market involving individual stores and vehicles for selling products and
crafts would be an inappropriate neighbor to a cultural center
or a library. His preference was for public acquisition as he felt there
had to be a better place for a farmers' market, etc.
' Mayor Schwartz declared the public hearing open.
Brown, property owner, and William Tickell, architect, appeared before the
City Council and presented the project that they were preparing for the site,
an open -air, European -style market place with shops, cafes, etc.. The question
they would like answered by the Council was whether the City was going to
buy the property as they were spending much time and money on development
of the project and if the City were to buy it, all this would be futile.
Mayor Schwartz declared the public hearing closed.
Councilman Gurnee stated that he was generally supportive of-the proposal
as presented. He felt that the Waterways Planning Board was satisfied with
flood protection, and he felt that this proposal would compliment the Mission
Plaza development with no major expense to taxpayers.
Councilman Norris stated he was generally in support of the proposal, but
he only wondered if it should be public or private ownership developed by
them.
Councilman Petterson felt the proposal was great, and felt development would
be better than public ownership and development by the City.
Councilman.Graham fully supported the proposal. He felt it was an imaginative
concept and would be an asset to the City.
' Mayor Schwartz felt the potential was good but he questioned how this could
blend in with the present Mission Plaza development and future plans for the
Plaza.
Councilman Gurnee felt no need to wait for a decision. He would support
approval of the private development.
Mayor Schwartz felt the Council should look into not only the proposal but
the full development of the block for Mission Plaza extension.
Councilman Graham agreed that the City Council should look at the entire
Mission Plaza development and extension into this block.
Councilman Norris felt the City should proceed with review and approval and
City Council Minutes
August 4, 1975
Page 8
see if it would affect the entire development.
No action was taken by the City Council on this item.
6. Memo from D.F. Romero regarding the request by.H.G.- Wheeler, ,
1426 Santa Rosa Street, for removal of three trees in front of his home.
The owner felt the trees were a hazard to pedestrians and autos due to
the pushed up and broken sidewalk, which shoved -out the curb. The limbs
were brittle, falling making a mess and could cause injury to anyone
passing underneath. Further the water could not drain off due to the broken
sidewalk holding it and forming a pool of water.
H.G. Wheeler, property owner, stated he -would like to repair the sidewalk
and was willing to pay his share in replacing the trees with new trees.
D.F. Romero stated that the Parks Department had reviewed this matter with
the Tree Committee and it was their determination that although the trees
were creating serious problems with sidewalk and curb, the trees were very
worthwhile and should be preserved. At that time, the branches were trimmed
and repairs to the curb, gutter and sidewalk were set into the sidewalk
program.
It was his recommendation that the trees at 1426 Santa Rosa Street not be
removed and that the City, at its own cost, replace the existing full width
of broken sidewalk with a standard four -foot sidewalk, relocate the curb
section one foot into the roadway, thus leaving a.sufficient planter area
to preserve the trees.
He concluded that -if the Council agreed with the recommendation, he would
proceed immediately with the contracts for the construction work. ,
Lloyd Somogyi, Attorney for H.G. Wheeler, stated that his client wished to
have the trees removed and that they could be replaced with the proper street
trees. He continued that Mr. Wheeler would be willing to pay his share of
the repairs to the curb, gutter and sidewalk. He submitted a communication
from Layton Tree Service stating that they had looked at the trees at
1426 Santa Rosa Street. They stated they were old trees in their declining
years. The trees showed a lack of vitality and a history of breakage. They
present a hazard to adjoining property owners and to pedestrians. Layton
Tree Service stated that the trees had not proven to be good street trees
as evidenced by the upheaval of the sidewalks, both public and private. This
type of tree also presented severe and expensive problems to underground
sewer lines. They felt the Camphor Tree should have at least a seven foot
parkway planting area. It was evident that this was not possible in this
case. They recommended -to the owner that these trees be removed and replaced
with a species more suitable to a narrow parkway planting area.
Mr. Somogyi also submitted a letter from the Arbor Tree Service with the
same basic conclusion that the Layton Tree Service arrived at. The attorney
continued that H-.G. Wheeler would also like to have the sidewalk, curbs,
and gutters replaced and he would cooperate with the City on this.
Councilman Gurnee agreed that these trees seemed old and had reached the end
of their life span. '
Councilman Graham felt the trees had reached full growth and no roots would
grow to damage sewer lines.
Councilman Petterson stated that he accepted the recommendation of the Tree
Committee and staff in keeping the trees and have the City improve the side-
walks, curbs, and gutters.
City Council Minutes
August 4, 1975
Page 9
Councilman Graham stated he too would support the staff and the Tree Committee's
recommendation.
Councilman Gurnee stated that he too would reluctantly accept the staff's
' recommendation.
Councilman Norris stated he would support the staff's recommendation with
the sidewalk, curb and gutter repaired at the taxpayers' expense.
Mayor Schwartz supported the staff and Tree Committee, and he also agreed
that repairs should be made at the taxpayers' expense.
On motion of Councilman Graham, seconded by Councilman Petterson that the
City Council accept the recommendation of the Tree Committee and proceed
with the repairs of the sidewalk, curb, and gutter as proposed. Motion
carried, all ayes.
7. Report from Jack Kellerman., Chief Building Inspector, informing
the City Council that no action had been taken by Troutner Brothers, San
Luis Nursery, to remove the fill material across from 3071 South Higuera
Street as requested by the City Council and recommended that the City Council
adopt a resolution finding that a public nuisance may exist upon the premises
at 3046 South Higuera, ordering a public hearing concerning the same and
the abatement thereof.
The Chief Building Inspector concluded that nothing had been done to remove
or re- arrange the fill on the property, although, he stated that the Public
Work employees, engineers, etc. felt that the fill should stay as it was
beneficial and no hazard to flooding.
' John Troutner, Troutner Brothers, presented a plan that he felt would
alleviate the alleged nuisance caused by the illegal fill and grading.
On motion of Mayor Schwartz, seconded.by Councilman Norris that this
matter be continued for a staff repoit and investigation of the proposal
submitted from Mr. Troutner, and if the plan were satisfactory, then staff
was authorized to issue a permit with the required fees and proceed; if
not, staff was to return to the City Council who would make the final
determination on the action to be taken. Motion carried, all ayes.
8. Memorandum from Wayne Peterson, City Engineer, informing the
City Council that when the Final Map of Tract 427, Terrace Hill, had been
filed, it would complete the reversion to acreage of most of the hill. He
stated that the map had been checked for compliance with State and local
laws and ordinances and for accuracy.
He continued that the map was in conformance with the approved tentative
map, approved by the Planning Commission on September 8, 1971. He
then listed the three conditions of approval:
]) Developer would dedicate Bishop Street to an alignment approved
by the City Engineer.
' 2) The adjacent property owners concur with the abandonment.
3) The City retain a 20 -foot wide water line easement in Leland
Terrace.
The City Engineer concluded that the final map contained an agreement by the
property owner to dedicate an alignment for Bishop Street upon adoption of
City Council Minutes
August 4, 1975
Page 10
a route based on the completed EIR that the City had ordered. There had
been no known objections from adjacent property owners. The 20- foot -wide
water line easement had been retained on the map. Therefore, staff recom-
mended approval of the final map of Tract 427.
On motion of Councilman Petterson, seconded-by Councilman Graham the following '
resolution was introduced: Resolution No. 2849 (1975 Series), a resolution
of the Council of•the City of San Luis.Obispo approving a reversion to acreage
for Tract 427 (Terrace Hill, French).
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
9. Paul Landell, Jr., Public Works Department, submitted a report
dated July 30, 1975 dealing with the illegal dumping in San Luis Creek at
Prado Road. He reviewed for the City Council to date, stating that
there had been illegal dumping on the property of concrete and other build-
ing material of which some was dumped into the creek, and all done without any
permit from the City. Further, he stated that the property owner was now
Ted Maino, and he addressed a letter dated July 18, 1975 listing the violations
for the property owners' attention and requesting that all material be removed
from the bank at the earliest convenience. If this was not done, the City
Council could through the nuisance abatement procedure get the work done
and charge the owner.
Paul Landell stated that since that letter he had been notified by the
'
property owner, Ted Maino, that he would not remove the debris that had
not been pushed or placed on the property by him and that under no circum-
stances would he accept the charges being placed on his property. Since
that time part of the debris had to be removed by Elias Cuellar-who had
dumped concrete without permit. Therefore, Paul Landell recommended that
the only Way to get the rest of the material removed was to use abatement
proceedings against the property owner, Ted Maino.
Ted Maino, property owner, appeared before the City Council stating that
the concrete-placed by Mr. Cuellar without.permission had been removed.
The other concrete and asphalt, which was pushed over the bank in 1974
was not done by him and was done prior to purchase of the property. He
stated.it was done by the contractor hired by the City Fire Department to
abate the weeds. He stated he did not feel in any way responsible for
violation of the waterways ordinances in that he did not give permission
to anyone to use the property as a dump. He felt that if the proper City
authorities were aware of what was happening, they should have got after
the people who were doing the dumping without permission. He felt-that
the City should get after their own contractors who were dumping on private
property without the owner's permission.
Councilman Gurnee stated he would like to know what City agency approved
the fill.in 1974 and pushing this material into the creek. '
Councilman Norris stated he would like to know how the property was used as
a dump by the City.
Councilman Petterson asked.for staff report on this-fill and.whether it was
approved by City personnel, and if so, under what conditions.
City Council Minutes
August 4, 1975
Page 11
The matter was continued for further input by-City staff based on the testimony
given at this meeting.
10. Communication from Hal.Bankston,.J._B- McDonald Realty, on behalf of
' Mr. Mel Jones, owner of the property.on the southeast corner of Industrial
Way and Edna Road, requesting a continuation of the temporary water service
to the property granted by the City Council in February, 1973.
Wayne Peterson, City Engineer, reported-to the City Council that.Mr.. Mel Jones
the property owner had been using water for the last two and-one-half years.
In February, 1973, a request was made to provide domestic water service to two
residential dwellings in this unincorporated territory. The need for a
new source of water resulted from a collapse of a well during the winter
storms of 1973. Water service was provided at Council direction under
the conditions established by R.A. Paul in his letter to Hal Bankston
dated March 5, 1973.
At the September 4, 1973 City Council meeting, the Council directed staff
to disconnect the Jones property on April 1, 1974.
Apparently the water services were not disconnected at the completion of
the six month period. During the recent Broad Street - construction, the
City staff became aware of the continued connection and had notified the
tenant that the water service.would be discontinued as of August 8, 1975.
Therefore, the staff recommended that service be discontinued.
Hal Bankston appeared before the City Council on behalf of Mel Jones, property
owner, who was willing and anxious to annex to the City of San Luis Obispo. He woulc
' do nothing to stand in the way of the annexation. He hoped that the City
Council would allow Mr. Jones to continue to receive City water on a temporary
basis to serve these two residences, for without this water these two homes
could not be occupied.
Councilman Norris stated that he-would favor allowing continuation of the
temporary water connection.
After discussion by the City Council, it was moved by Mayor Schwartz, seconded
by Councilman Graham that the City Council extend.the temporary water service
to the .Mel Jones property for one year or August.4, 1976, unless the property
was annexed prior to that time it would be disconnected. Motion carried, all
ayes.
11A. At this time the City Council considered the - actions of the Mass
Transportation Committee from the minutes of .July 16, 1975, requiring City
Council action.
A) The City Council was.requested.to approve the realignment of
Routes 1 & 2 to follow Boysen Avenue rather than Foothill
Boulevard, and to approve a stop on Boysen Avenue. This stop
would be located in front of Dr. Rasmussen's office.
The Committee also recommended that the stop in front of Foothill Plaza
Shopping Center be relocated on Foothill Boulevard to the extreme westerly
end of the shopping center in front of the Thrifty Drug Store.
on motion of Councilman Petterson, seconded by Councilman Graham the following
resolution was introduced: Resolution No. 2850 (1975 Series), a resolution
of the Council of the City of San.Luis Obispo rescinding bus loading zones
on Foothill Boulevard and Madonna Road and establishing new bus loading zones
on Boysen Avenue, Foothill Boulevard and Marsh Street.
City Council Minutes
August 4, 1975
Page 12
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, - Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
B) The Committee recommended that bus service be re- initiated
through Madonna Road Plaza Shopping Center and that the stop on
Madonna Road be relocated in front of Gene Ingles clothing store.
The City Council approved the recommendation of the Mass Transportation
Committee.
C) The Mass Transportation Committee was again requesting that the
City Council grant some flexibility in allowing the Committee to
decide when it should provide additional-vehicles during peak
hours or for special events.
On motion.of Councilman Petterson, seconded.by Councilman Graham -with a limit
of $2,800 on the Committee's activity.
D) The Committee was recommending a change in the bus routing on
campus due to closure of an on- campus road this fall.
The City Council approved the recommendation of the Mass Transportation
Committee.
11B. At this time.the City Council considered.the minutes of the Mass '
Transportation Committee meeting of July 30, 1975, requiring City Council
action.
A) -The Committee recommended that Route 1 be eliminated on Sundays
and holidays provided San Luis Transportation would approve a
reduction of $2,700 in the payment for this service.
The City Council approved the recommendation of the Mass Transportation Com-
mittee, with up to $1,500 worth of service, on motion of Councilman .Petterson,
seconded by Councilman Graham, the following resolution was introduced:
Resolution No. 2851 (1975 Series), a resolution of the Council of the City
of San Luis Obispo approving the elimination of one bus route on Sundays and
holidays, and approving agreement with San Luis..Transportation Company.
Passed and adopted on the following roll call vote:
z
AYES: Councilmen Graham, Gurnee, Norris,.Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
B) The Committee recommended a new stop on Marsh Street, east of '
Chorro Street, and a change to route the buses east on Marsh Street
on.Osos rather than following the Pacific Street loop.
On motion of. Councilman Petterson, seconded by Councilman Graham the City
Council.approved.the recommendation of the Mass Transportation Committee.
Motion carried, all ayes.
City Council Minutes
August 4, 1975
Page 13
12. Ways Peterson, City Engineer, recommended that the Final Map for
Minor Subdivision 425 be accepted by the City Council as it conformed to the
approved Tentative Map and the conditions established for approval.
The City Engineer recommended that the City Council make the finding that
the final map was in agreement with the General Plan and accept the offer of
dedication of the drainage easement for maintenance in its natural state.
On motion of Councilman Petterson, seconded by Councilman Graham the following
resolution was introduced: Resolution No. 2852 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving the final map of
Minor Subdivision No. 425 (Capitolio Way) and superseding Resolution No. 2776.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham,.Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
13. At this time the City Council considered the plans and specifications
for.WASTEWATER CLARIFIER EQUIPMENT at the sewer plant, estimated cost: $14,275.
On motion of Councilman Petterson, seconded by Councilman- Graham that the plans
and specifications be approved and staff was - authorized to advertise and call
for bids. Motion carried.
14. The City Council considered Legislative Bulletins from the League of
California Cities on progress of legislation to the State Legislature.
On motion of-Mayor Schwartz, seconded by Councilman-Graham the following
resolution was introduced: Resolution No. 2853 (1975 Series), a resolution
of the Council of the City of San Luis Obispo opposing Assembly Bill 11,
comprehensive revision of eminent domain law.
Passed and adopted on the,following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
On motion of Mayor Schwartz, seconded. by Councilman Graham.the.City Council
accepted and supported the compromise labor xelations.bill., Assembly Bill 119
and Senate Bill 4. Motion carried.
On motion of Mayor Schwartz, seconded by Councilman Graham that the City
Council support Assembly Bill 1375, the clean -up .bill for Senate Bill 90.
Motion carried.
On motion of Mayor- Schwartz, seconded by Councilman Petterson that the City
Council support Assembly Bill 416, if amended, which would approve or grant
subventions.for the "911" emergency.telephone system. Motion carried.
On motion of Mayor Schwartz, seconded by Councilman Graham that the City
Council oppose Senate Bill 271, which would require new consistency require-
ments to General Plans. Motion carried.
On motion of Mayor Schwartz, seconded by Councilman Graham that the City
Council oppose Senate Bill 310, which would require new mandates on notices
of zoning changes, which would be costly to the various cities and counties
of California. Motion carried.
City Council Minutes
August 4, 1975
Page 14
15. At the direction of the City Council, the Promotional.Coordinating
Committee and the Merchants Christmas-Committee.-presented a proposal for
Christmas decorations to be used in three-major shopping areas within the
City to the Design Review Board for their approval and - modification. The
DRB held three meetings for discussion of the proposal;. July 15, 17 & 29.
The committees reviewed the proposal of the Vaughn Company for the Christmas
decorations and also a concept by Jack Augsberger
involving banners.. They were all.well received.by the DRB and-the other
committees as examples of systems suitable for all festive occasions. .
The Promotional.-Coordinating Committee and Merchants Committee presented
an alternate proposal, presented by Mr. Brian Lawler of-Tintype
Graphics, which involved the use of silk.screen banners.on bright colored
nylon fabrics. The banners would be hung from 56 street lights in all
three major shopping areas. He felt that in this.way, the design and
public participation could be received in preparation-of these items.
The DRB recommended to the City Council.that they approve the alternate
system as- proposed by Mr. Brian Lawler for-the Promotional Coordinating
Committee and Merchants Christmas Committee.
The Design Review Board further moved to create a Decoration-System
subcommittee.to.consist of two members.of the DRB,.to work with Mr.. Lawler,
representatives of the PCC, and representatives of the Merchants Committee
on the design for Christmas banners and details of.the systems. The DRB
unanimously adopted a second resolution to be forwarded to the City Council
for consideration:
The City reserve the full amount originally requested as matching
funds by the Promotional Coordinating Committee and Merchants Com-
mittee ($5,000). Further that these funds be appropriated as
follows:
A) Approximately $3,150 as matching funds for the.current proposal
B) Approximately $1,850 to fund further study by the DRB for a City-
wide decoration system for.all.festive occasions-(Fourth of July,
Fiesta,. Christmas and the Bicentennial Celebrations).
On motion of Mayor Schwartz, seconded by Councilman Petterson that the City
Council accept and approve the concept of the three groups, and authorize
the-expenditure of $5,000 as recommended by the Design Review Board. Motion
carried.
On motion of Councilman Petterson, seconded by Councilman Norris CONSENT ITEMS
C -19 C -29 C -.39 C -5, C -6, C -7, C -8, C -9, C -102 C -11, C -129 C -139 C -149 C -15 and C -16 were
approved as recommended.
C -1 Claims against the City of San Luis Obispo were authorized payment
subject to approval by the Administrative Officer.
C -2 The following.contract pay estimates-and change orders were approved:
R. Baker Corporation Est. #2. $ 193.19 '
SINSHEIMER.PARK.SEWER LATERAL. Est. #3 FINAL 469.20 (9/8/75)
& WATER LINE, C.P.#13 -75
1
1
1
Gray Construction Company Est. #2
MEADOW PARK RECREATION BUILDING C.C.O. #1
Fred Julien & Associates Est. #1
LAGUNA LAKE PARK DEVELOPMENT,
PHASE III, C.P. #32 -74
Wally LaFreniere Construction Co. Est. #3
CITY HALL REMODELING C.C.O. #11
C.C.O. #13
C.C.O. #14
C.C.O. #15
C.C.O. #16
SINSHEIMER PARK, RESTROOMS, Est. #2
CONCESSION & PRESS BOX C.C.O. #2
C.C.O. #3
C.C.O. #4
C.C.O. #5
Pacific Erectors Corporation Est. #6
EDNA SADDLE WATER TANK, C.P. #W73 -7
Charles A. Pratt Construction Co. Est. #4
WASTEWATER TREATMENT PLANT
C.P. #45 -74
City Council Minutes
August 4, 1975
Page 15
$ 35,392.50
695.75
26,243.15
45,346.00
- 80.00'
+475.00
+217.47
+445.40
+146.77
+425.75
X5,609.32
- 170.20
+100.00
+75.00
no change
32,476.68
2,740.50
WATERLINE RECONSTRUCTION Est. #3 33,893.25
C.P. #21 -75
Smee's Plumbing & Heating Est. #2 1,390.40
WASTEWATER TREATMENT PLANT
C.P. #4 -75
SANTA ROSA STREET SEWER LINE Est. #1 10,191.56
Oak to Murray, C.P. #17 -75
BROAD - ROCKVIEW SEWAGE PUMP Est. #2 2,790.40
C.P. #20 -75
C -3 The City Council approved and acknowledged.the City Council minutes
of March 3 and March 17, 1975.
C -4 Memo from Robert Strong, Community Development Director, regarding
Special Census Questions was continued to August 11, 1975.
C -5 Council consideration of a resolution agreeing to the terms of the
agreement with the State Department of Parks & Recreation in connection with
the City's grant for funds pertaining to Santa Rosa Park extension.
On motion of Councilman Petterson, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2854 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving and authorizing the
Mayor to execute a project agreement between the City and the State of
California, Resources Agency, Department of Parks and Recreation for Santa
Rosa Park.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
City Council Minutes
August 4, 1975
Page 16
C -6 Communication from Jeanne Thwaites requesting permission to use
Mitchell Park on.a regular basis (Sundays) to display work of.artists and
craftsmen in San Luis Obispo; memorandum.-from William E. Flory;.and memorandum
from Mayor Kenneth E. Schwartz were all - referred to the Park and..Recreation
Commission for review.
C -7 Memorandum from Robert Strong regarding Grass Roots II office site
at Meadow Park.(continued from 7/21/75, item C- 11).was referred to the
Planning Commission in connection with the South Street study.
C -8 Memorandum from the Human Relations Commission submitting.revised
guidelines dealing-with funding applications for social services agencies
(adopted by the HRC on 7/2/75).
The City Council adopted the recommendations of the Human Relations Commission.
C -9 Council. consideration of a resolution confirming liens upon real
property parcels.for weed abatement.
On motion of Councilman-Petterson, seconded by Councilman Norris the following
resolution was introduced~ .Resolution.No. 2855 (1975 Series), a resolution
of the Council of the City of San Luis Obispo.confirming liens upon real
property parcels for weed abatement costs.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None ,
ABSENT: None
C -10 Memorandum from Wayne Peterson, City Engineer, requesting transfer
of funds.
On motion of Councilman Petterson, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2856 (1975 Series), a resolution
adjusting the 1975 -76 budget.
Passed and .adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor
Schwartz
NOES: None
ABSENT: None
C -11 Memo from Paul E. Landell, Jr., regarding service pole located on
private property.
The Cityi0ouncil approved the staff recommendation.
C -12 Memo from Don Sylvia, Fire Marshal, regarding Uniform Fire Code
amendments was referred to the Traffic Committee for recommendation.
C -13 Council consideration of INDENTURES from Southern Pacific Trans-
portation Company for installation of a 12 inch water line.
1
1
1
City Council Minutes
August 4, 1975
Page 17-
On motion-of Councilman.Petterson, seconded.by:Councilman Norris the
following.resolution was introduced: Resolution No. 2859 (1975 Series),
a resolution of the Council of the City of San.Luis Obispo approving two
indentures granting easements-for City.water lines within right -of -way
of the Southern Pacific Transportation. Qgpany. '
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor.
Schwartz
NOES: None
ABSENT: None
C -14 . The City Council acknowledged. -the announcement of-the lateral -
transfer of.Joseph.Pluneda Jr. from.Utility Plant Operator I at the water
plant.to Water Supply Assistant:at.Whale Rock Dam, effective August 16,'1975,
with no change in salary, and subject to a one -year probationary period.
C -15 The City Council acknowledged.the promotion of Frank E. Perry from
Maintenance Leadman to Assistant Inspector..at Step 4 or $1,078, effective
August 1, 1975, with consideration for advancement-to Step 5 on February 1,
1976.
C -16 The following salary-step-increase was approved,-effective August 1,
1975:
Steven Dunlap - Groundskeeper_..
From Step 4 or $864 to Step 5 or $914
TRAFFIC COMMITTEE ITEMS
TC -1 75 -8 -1T Recommendation that_.three..two -hour meters be installed
on west side of Santa.Rosa Street, south of Monterey.
On motion of.Mayor Schwartz, seconded_ by - Councilman- Petterson.the`following
resolution was introduced: Resolution -No. 2857 (1975 Series), a resolution
of the'Council_of the City of San Luis Obispo establishing two hour metered
parking on Santa Rosa Street. I }
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 -8 -2C Recommended modifications'.to bikeway plan.
This item was'referred to the Citizens Advisory-Committee for inclusion in
their overall bikeway study.
TC -3 75- 8- 3T'NEGATIVE RECOMMENDATIONS
_.A) Speed bumps in alley.lietiieen Hathw.ay and Kentucky
running between Stafford and `Fredericks Street'not be
approved.
B) Additional - yellow loading zone for - tenants of .
Creamery not be approved.
_J
City Council Minutes
August 4, 1975
Page 18
C) Parking .tees,in Hathway,.Longview,Lane, Orange,._
Slack and Bond Streets.not.be authorized.
These recommendations._were..adopted by the.-City Council, on motion of.Mayor
..Schwartz,.seconded ... by. Councilman. Petterson ....Motion..carried,.all ayes.
--=----------------------------------------------------------------------
B -1 The City. Clerk reported.on the.following bids received for WATER
SYSTEM.IMPROVEMENTS,_TRANSFER STATION, PUMPING FACILITIES, STENNER.CREEK
ROAD, City P1an.No. 15 -75. Bids opened July-29, 1975 at 1:30 p.m. Engineer's
estimate: $25,000.
Walter J. Schmid $38,250
Los Osos, CA
Baker Corporation
Arroyo.Grande, CA
$44,300
On motion of Councilman Petterson, seconded..by- Councilman - Graham.the matter
was continued.and.requested staff to further evaluate the bids.. Motion carried.
B -2 The City.Clerk reported on.the.follo*ing bids.received for STREET
RECONSTRUCTION.PROJECT,_City Plan No. 10 -75. Bids opened July 29, 1975
at 2 p.m., Estimate: $94,385.
R. Burke.Corporation
San Luis.Obispo,,CA.
Walter Bros. Construction Co.
San Luis Obispo, CA
Fred Julien & Associates
San.Luis.Obispo, CA
Madonna..Construction Co.
San Luis Obispo, CA
$80,333.50
$78,316.19
$969095.90-
$90;151.00:
Conco $99,828.79
San Luis Obispo, CA
On motion of.. Councilman .Petterson,.seconded_by.. Councilman.Graham . the.low bid
of Walter:Brothers Construction Company was approved in the amount of $78,316.19.
Motion carried.
On-motion of.Councilman.Petterson, seconded by.Councilmaii Graham the following
resolution_wds.introduced: .Resolution No.. .2858.(1975.Series), a.resolution
increasing the 1975 -76 budget.
Passed and adopted on..the following roll call vote:
AYES: Councilmen.Graham.,. Gurnee ,.Norris.,.Petterson,and.Mayor
Schwartz r
NOES: None
ABSENT: None
On..motion of Councilman. Graham,. .seconded.by..Councilman.Norris the meeting
adjourned to Tuesday, August 5, 1975 at 12:10 p.m. Motion carried.
APPROVED: November 3, 1975 - -Fie City Clerk
1