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HomeMy WebLinkAbout10/06/19751 1 Pledge Roll Call City Staff MINUTES.. REGULAR MEETING OF THE_CITY COUNCIL CITY.OF SAN LUIS OBISPO MONDAY,.00TOBER 6, 1975 - 7 P.M. CITY HALL U- PRESENT: Myron Graham, T.. Keith Gurnee, Jesse-Norris, Steven Petterson and Mayor Kenneth E. Schwartz ABSENT: None PRESENT: R.D. Miller, Administrative Officer and City Clerk Pro -Tem; E.L. Rodgers, Police Chief; Lee M. Schlobohm, Fire-Chief; A.J. Shaw, Jr., City Attorney; Robert Strong, Community Development.Director; Robert Mote, Utilities Engineer;•.W.E. Flory, Parks and Recreation Department; Rudolph C. Muravez, Jr., Director of Finance 1. 7 P.M. PUBLIC HEARING to consider the establishment of a parking and business improvement area in downtown San Luis Obispo. A.J. Shaw was asked to report on the procedures for establishing a parking and business improvement area. He stated...that the public hearing was on the proposed ordinance establishing the area..- He then reviewed the ordinance to be adopted. He_ stated that in Section G, "This Council finds and.•.deter- mines that parking and other deficiencies are so general in the downtown section of the City and that the size of. the .new area is so. small, .that new business in the area will benefit from expenditures for parking facilities substantially-in-proportion to the amount of additional taxes levied upon all business," the word "New". before area should'be dropped. He also reviewed.Section�I, "The Council shall have full authority to enter into annual agreements with non - profit business.promotional groups:or organiza- ..tions serving the:Area' which authorize..said.groups or'organizations to - expend area revenues -in accordance.with:City.budgetary and accounting pro- cedures," and Section K, "The additional tax imposed by the section shall become effective on December-1,. 1975. ". Myron.Graham had.a few..thoughts about the wording, but he did not feel they were essential at this time.. Mayor Schwarti declared::the•Public Hearing open: Ron Dunin spoke to the Council on behalf of the business improvement..area. He-felt that everything which comes..from the government must.first come from the people. He felt this establishment would prevent stagnation in the downtown area. He stated that the downtown businessmen had created several committees in connection with the downtown.improvement district. The committees had gathered information.from various cities•.so.they.could inform the people of San Luis Obispo and also to help the Council in their decision on.this important matter. Charles Bove, Manager, J.C. Penney Company, spoke for the general-committee for establishment of AB.103 in downtown San-Luis Obispo. He stated the merchants felt.a self -help group should be developed to encourage the improvement of the downtown area. He stated that they had sent out mailings to-all-business license holders.within.the.area, they had formed several committees, and had held several-meetings. He stated that.they.were very concerned with the traffic flow and parking problems, and at this time this was-their-number one problem. He continued that other programs would-.be incorporated:.:into this project.-such--as-..retail sales promotion, City.beauti- fication, Christmas: decorations, etc. 4Soffie--vei3& alsoogo.for administration. City Council Minutes October :6;_ -1975 Page 2 He felt this project would get the downtown committee and the City government. together on more matters. He'th6n reviewed the boundaries involved in this improvement area. He stated that their.committee had compiled much information and prepared a - brochure that had ,been:_sent._to. all licensed businesses within the downtown area. He urged the City Council to vote their approval of this program tonight. Mayor Schwartz asked if there was anyone in the audience who wished to oppose this parking and business improvement area. Mr. Whiney, Attorney, 1043 Pacific,.spoke for himself and his associate. He stated he did not oppose the improvement.area but did have a question regarding the boundaries. He felt that there would be no benefit to his firm. He stated that no businesses in his vicinity should be involved in the district as none involved any promotional trade.. R.D. Miller then stated that the Council had received one letter in opposition from John Eskelin, 1212 Garden..Street. Mr. Frank Warden then spoke on how-the committee had determined.the boundaries of the improvement area. He stated that'they'must project into the-future on this project and not confine themselves too much. He felt that the area Mr. Whinney spoke of was definitely tied in with the downtown area and should be included. Ron Dunin stated the committee based theirddecision on indirect benefits as well as direct. Myron Graham asked Ron Dunin if the property owners 'were a part of the downtown district. Mr.' Dunin stated that they would be considered in the next phase', after the Council approved the district. Mayor Schwartz declared the public hearing closed. Jesse Norris asked what-the zoning.was within the boundaries established for this improvement district. Robert Strong stated-it was:primarily zoned retail with no parking requirements. Some was zoned-R -4 and others zoned C -2.: He stated that any improvement would reflect in the resale of property. He felt-it would be a retail commercial or professional.use.in the future. T. Keith Gurnee asked what the procedures would be if at some future time either . . .the district -or the Council wanted to change the resolution for the benefit of the downtown people. A.J. Shaw stated there were probisions' within the law allowing changes by resolution and ordinance. T. Keith Gurnee stated he had followed.'this improvement district for many years. He felt this proposal was well.organized. He wondered about the use of funds. .However, he felt that if the downtown people wished to increase their business license fees to.improve their working area, he would support the proposal. He commended the Downtown Association for submitting a good package.. : Jesse Norris felt this was an excellent example of. having the City help the 1 people help themselves. He felt this-was much better than asking the'City to fund the whole project. He was�very enthusiastic about the project, and would favor it. Steve Petterson agreed with both Councilman Gurnee and.Councilman Norris. He supported the program. Myron Graham also-supported.the proposal. He felt it was long.overdue and was very much-in order. He hoped that the people would realize that this was only the beginning, theie might'be more assesments which would have to be supported. City Council Minutes October 6, 1975 Page 3 Mayor Schwartz was of the opinion.that.this is one of the more important pieces of legislation considered by the Council in many years. He stated that there would be additional fees added in the future. He f &lt this would make the people who had a stake in the downtown area keep it maintained and organized. He stated the downtown business had reacted positive. He felt the time to act had been recognized. He stated this wolYld provide an opportunity for the City government working with the people who had a strong interest in the downtown area to do all possible to keep the heart of our City strong and viable. He felt that professionals had just as strong a stake in the downtown as well as the businessmen. He hoped that the City government and downtown businessmen could act together. He was in support of this effort. On motion of Councilman Gurnee, seconded by Councilman Norris the following ordinance was introduced: Ordinance No. 649 (1975 Series) an ordinance of the City of San Luis Obispo establishing the downtown parking and business improvement area. Passed to print on the following roll call vote (with minor word changes made): AYES: Myron Graham, T. Keith Gurnee, Jesse Norris, Steven Petterson and Mayor Kenneth E. Schwartz NOES: None ABSENT: None 2. 7 P.M. PUBLIC HEARING on the recommendation of the Planning Commission to rezone 2801 and 2803.Johnson Avenue from R -1 and R -3 to R -2 -S, Application No. R -0513, Merle R. Ekegren, applicant. Robert Strong was asked to comment on the rezoning. He reviewed the Planning Commission recommendation to the City Council stating that they approved the rezoning and minor subdivision subject to the following conditions: ' 1. The subject proposal was in conformity with the General Plan and staff - recommended revision to the General Plan. 2. The proposal appeared to be a reasonable solution to the problem of a transition between existing high density develop- ment to the south and existing single family residential development to the north. 3. The inclusion of an *S' designation would require adequate and timely review of proposed construction with the exception of construction on the one proposed single family lot. 4. The proposed project and subsequent development would have a substantial impact, however, the 'S' designation required sufficient review to insure the impact would not be detrimental. He then reviewed with the City Council the zoning of the surrounding properties. Mayor Schwartz clarified that the request was for both the rezoning and the subdivision. Robert Strong stated the subdivision could only be done after the rezoning was complete. ' Myron Graham asked if the rezoning of this property had been considered before. Mr. Strong stated that Mr. Ekegren had requested this rezoning several times previously. However, he had requested an R -3 rezoning instead of the R -2 -S. He stated that this rezoning would be consistent with the General Plan. Steve Petterson asked Rob Strong about the sewer line easement on the adjacent property. Robert Strong stated that a sewer line on adjacent property was parallel to but 5' from the subject property line, requiring additional easement to serve this site. Mayor Schwartz declared the public hearing open. City Council Minutes October 6, 1975 Page 4 Andrew Merriam,.representing _.the applicant;.stated :all the information was presented in.the package given to the Council.. He then.briefly described the history of.the site. The property was.- acquired by Mr. Ekegreri.in 1964 at which time the zoning was R -1 and R -3. This:zoning remained today and would allow a maximum of 29. dwelling units to be devleoped on the property. However,.development:at':this density would not.be.in accord with good planning practice. In:the. recent past.high.density residential development- .of,property to the south and east as well as low.density..on..San Marcos Court to the west had occurred. He felt..this situation had put the Ekegren.property in the position of being a.transition.zone. He continued that-the.-question of the quality,. - character, and specific site design for the property was probably what most.concerned the residents of San Marcos Court. He felt that the rezoning requested by Mr. Ekegren adequately provided.controls: necessary to insure that:future development was designed so as to protect the-interests of -the San .Marcos Court property owners. He.continued the City and adjacent property.owners.would.be protected by the R -2 -S zoning. This zoning would require that,.the Planning Commission approve a use permit based on site..and..building.design prior to.development'. If the. Commission found the development.plans _ incompat ble with adjacent property or adverse to-good , planning practice, it..could disapprove and recommend changes much.as it would i a PD zoning.request. In.:addition, any.development would also be subject'to Architectural Review Commission approval. Leonard Blaser.appeared, representing the owner of three and one= half.acres.of land.across. from the.proposed.rezoning. He stated-that the.matter..of.rezoning. on Johnson Avenue had been going on a long -time. He.felt that the.zoning- should be more consistent with the surrounding zoning. He felt the City should be more consistent. If the City rezoned thessubject.property to R72- S.then they should rezone his-property and others:in the same..area to conform. . ..Ken.MacIntiire, San Marcos Court, outlined the:surrounding properties that• would.be affected by the "rezoning. He:was.aginst.the.rezoning. He stated he had talked_with.the City Attorney and siid.it wasa law to -have zoning maps .conform with the General-Plan. He felt the property should be kept.in R -1 .zoning,., He felt- the.rezoning.wa s only..for__the.,purpose of.-selling:.the, property ..at a higher. price.. He felt•the rezoning was- Anconsistent with the .General Plan and not in the best interest of the community. The traffic.from the development on this property would be dumped onto Johnson.Avenue. and would.create.a burden on people going to school and work. He.also..submitted letters from.Mr. D.. Goodrick, 1326 San Marcos Court, opposing the.rezoning; Mr..Gary Thomason, 1354 San Marcos Court,.opposing the rezoning; and relayed a.verbal statement from Mel Hawn,. 1359 San Marcos'Court, also opposing.the rezoning.. Councilman Petterson asked Mr. Maclntyre what he -felt would-be an acceptable.. buffer. Mr. MacIntyre stated that when they purchased their property it was all zoned R -1 and felt it should stay that way. Jerry Reese, 1364 San Marcos Court, was also.opposed to the rezoning. He felt Mr. .Blazer and Mr. Maclntyre.presented a.good_defense against.:it:: He also . felt:it would.change the quality of life in.this residential area.' He..would like to see it remain as is. Mr. Whitley, 1369 San Marcos Court, stated that he:was very concerned about the noise level,:and the view problem. He.felt it should be.retained in the R -1 zone. Andrew Merriam spoke again in support of the rezoning. -This would be a good. buffer. He felt this -was a suitable sblution'for the site... and made.for good planning. He felt R =2 -S would provide the most rational solution. Leonard Blaser spoke again regarding..the rezoning.. He.felt the portion of property which was presently zoned R -3 .should be zoned.R -1. Ken MacIntyre stated that his concern was about the traffic, it would affect all the residents in the surrounding area. He felt there would be a better way to .develop the - property without having to develop this as R =2 -S.. He questioned the legality as it related to the.-consistency with the General Plan. 1 1 1 City Council Minutes October 6, 1975 Page 5 Andrew Merriam stated that the traffic on Johnson Avenue was not the owners problem it was everyone's problem. Mayor Schwartz declared the public hearing closed. A:J. Shaw stated that the matter of the property line location created a difficult problem for the Planning Commission and staff. He felt that the question the Council faced was whether or not a private access across the R -1 property was consistent with the General Plan. However, he stated the City could adopt any zoning appropriate for that area. Myron Graham asked if the zoning change would make a difference on the land value. A.J. Shaw stated that the property owner had no vested interest to any given zoning classification for this property. The City would not be bound by any zoning change now if in the future the City felt it should be changed. Steve Petterson stated that this was a piece of property that had a tremendous problem. It was an impossible situation. He felt the solution presented was the only way to have the best of two worlds and a buffer. It -had problems for traffic on Johnson Avenue, but he felt an effort was being made to solve the problem with a good buffer. He was in support of the rezoning. Myron Graham stated that traffic on Augusta was terrible and it should not be magnified by this property. He recognized the problem of cars going through the two R -1 residences with a 30 foot road going between them. He felt that R -1 was the best use in this case. T. Keith Gurnee stated that he agreed with Mr. Blaser and he felt that putting this R -2 -S and running cars between two R -1 lots was not a good idea. He felt PD R -1 would be the best type of zoning for this land. He was therefore opposed to any project to up this zoning to an apartment -like character running cars through R -1 zones and onto Johnson Avenue. He felt this was inconsistent with the General Plan and he would oppose the rezoning. ' Jesse Norris felt that there was a problem before the Council. He felt the old General Plan was not good. He felt the control over the property was the zoning ordinance. He was favorable for the rezoning. He felt that the traffic exiting on Johnson Avenue was a good idea. He felt it would still give plenty of control over the property. Mayor Schwartz stated he carefully read-the report by Meyer, Merriam and Associates. Howevei in listening to the legal implications of the City's decision, he could not vote for approval. He recalled several items Mr. Blaser discussed. He stated he had long been concerned with the traffic on Johnson Avenue. He firmly believed that a low density should be considered for Johnson Avenue. In this case, he felt all neighbors should be concerned with this development. He stated the 'S' designation would give some City control. He felt that no legal statements had been made tonight to show this to be consistent with the General Plan or benefit the City in future development. On motion of Councilman Gurnee, seconded by Councilman Graham that the Planning Commission recommendation be denied in regard to the rezoning proposal by Mr. Ekegren at 2801 and 2803 Johnson Avenue from R -1 and R -3 to R -2 -S. Motion carried on the following vote: AYES: Councilmen Graham, Gurnee and Mayor Schwartz NOES: Councilmen Norris and Petterson ' ABSENT: None 3. PUBLIC HEARING to consider reports from the Planning Commission concerning City resource deficiencies (pursuant to Ordinance 604 -A) relative to the following: A. Request for a building permit for a duplex at 1101 Ella Street, J. Fredericks and C. Laws, applicants. City Council Minutes October 6, 1975 Page 6 B. Request for a building permit for_an.office building at.1012 Pacific Street, Sawyer Construction, applicant. A. J•. Fredericks and C.-Laws, 1101 E11a Street, request for a. building permit for a - duplex.' PROBLEM: The project would contribute sewerage to two downstream sewer.lines on Islay between Chorro and Beach and Pismo.betvieen Beach and Carmel. The subject lines were operating 11 -14 percent and 25 percent beyond their respective theoretical peak flow capacities (Level I deficiency). PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the permit not be withheld and that staff continue their effort to monitor the lines to verify theoretical flows. 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 Councilman Norris, seconded by Councilman.Petterson that the Planning Commission recommendation be approved for the duplex at..1101 Ella Street. Motion carried, all ayes. B. Sawyer Construction, 1012 Pacific Street, request for a building permit for aa'office building. PROBLEM: The project would contribute sewerage to-..a downstream sewer line which was operating..three to seven percent beyond its theoretical peak flow capacity:' The overloaded section was located in Marsh Street between Chorro and Broad Streets'(Level I deficiency.) PLANNING COMMISSION. RECOMMENDATION: The Planning Commission recommended •that the permit not be withheld and that staff continue their efforts to monitor the line to verify theoretical flows. 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 Graham that the Planning. Commission recommendation be approved for the office building at 1012 Pacific Street. Motion carried, all ayes. 4. Public hearing to consider the.appeal of any person aggrieved by any act or determination of the Fire Chief in connection with the 1975 Weed Abatement Program for the period ending September 15, 1975. Lee M. Schlobohm, Fire Chief, spoke regarding.-the 1975 Weed Abatement.Program. He stated the program was now complete and he had not received any letters or appeals from the public. Mr. Dan Torrance, Fresno, Calif., property -52- 51402, stated-he received no notice on the weed abatement program, but.received a bill-from the City for $52. He felt that property owners should be notified about this so-that they could have the work done themselves if they so wished. He.stated he understood the ordinance. Chief Schlobohm stated "that notices were mailed by first class mail, not registered. Therefore, he would be unable of` knowing whether everyone received the notices or.if they were lost in the.mails. He did state that the property was posted. Myron Graham asked•.-owhat time element was involved in sending the notice before actual clearing took place. Chief Schlobohm stated ten days was required. .However he usually gave more like 30 days and in this case it was almost 60 days before the abatement occurred. I 1 1 City Council Minutes October 6, 1975 Page 7 Jesse Norris asked about the contractors the City hired to do this work. How did the City know if they were getting the most for the taxpayers money? Chief Schlobohm stated that he used his own judgment in determining what contractors to'hire to do the work based on past experience and personal knowledge as to their competence and integrity. On motion of Councilman Petterson, seconded by Councilman Graham the appeal by Mr. Torrance was denied. Motion carried, all ayes. ' 9 P.M. The meeting was recessed. 9:15 P.M. The meeting reconvened with all Council members present. 5A. Communication from the Department of Public Health, County of San Luis Obispo, requesting the Council to consider amendments to the Municipal Code dealing with the definition of garbage containers. 5B. Memo from A.J. Shaw, City Attorney, submitting for the Council's consideration a draft ordinance (approved by the Health Department and Garbage Company), defining garbage containers. A.J. Shaw reviewed the ltttei from the Health Department, and he also reviewed the background that brought this matter to the City Council. He recommended adoption by the City Council. ' Jesse Norris had some brief comments regarding the 35 gallon limit for cans. Why could not a 45 gallon can be used if it weighed'less than 75 pounds? On motion of Councilman Gurnee, seconded by Councilman Petterson the following ordinance was introduced: Ordinance No. 650 (1975 Series), an ordinance of the City of San Luis Obispo amending Municipal Code provisions concerning garbage containers. Passed to print on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris; Petterson and Mayor Schwartz NOES: None ABSENT: None 6. Council consideration of the Tentative Map for Tract 568, Charles French, applicant (location south of San Carlos along Leona and Florence Avenues). This item was continued from September 15, 1975 and referred to staff and Planning Commission for review. A.J. Shaw reviewed the facts dealing with this Tentative Map, and stated Mr. French wished a determination by the Council tonight. Rob Strong had asked the applicant to submit a preliminary map to show the conventional subdivisions on the property, which he presented to the City Council. There was a related piece of land which should be reverted to acreage, this property lying south of the subdivision. He stated the Planning Commission approved the subdivision subject to the following conditions: 3. The developer shall change the location of the proposed fire hydrant from the' southeast corner of Leona Avenue and San Carlos Drive to the southwest corner. 4. The developer shall install an 8 inch water main in San Carlos Drive from Leona Avenue to Florence Drive. 1. All proposed lots shall.contain a minimum of 7,000 sq. ft. as indicated on the Open Space dedication chart, section 3100.4 B of the Municipal 2. The developer Code. shall change the proposed water line blow -off valve at the end of Leona Avenue to a City standard fire hydrant. 3. The developer shall change the location of the proposed fire hydrant from the' southeast corner of Leona Avenue and San Carlos Drive to the southwest corner. 4. The developer shall install an 8 inch water main in San Carlos Drive from Leona Avenue to Florence Drive. City Council Minutes October 6, 1975 Page 8 5. The developer shall provide street lights as indicated and approved by P.B. &E. 6. The developer shall provide a 10 ft. sewer easement at the rear of lots 1 thru 3. 7. The developer shall provide a 10 ft. sewer easement across lots 4 thru 6. The final map shall contain a note indicating special conditions pertaining to sewer easements on these parcels, subject to the approval of the City Engineer. 8. Lot 7 shall have special note on the final map indicating that a ' pumping system may be required for sewer service from this parcel. (Portions of the lot are below service elevation.) 9. The developer shall install a 6" sewer line in the 10 ft. easement extending from lot 1 thru lot 6. 10. The developer shall provide a 6 ft. easement for utilities adjacent to the street property line. 11. The lots shall not be graded and /or construction pads created by the developer. 12. The developer shall provide street trees as required by City ordinance or fees in lieu thereof. 13. The developer shall pay park land dedication fees as determined by the Planning Commission. (Staff feels that the land proposed for dedication is sufficient compensation.) 14. The developer shall provide full one -half street improvements for San Carlos Drive plus a 12 ft. travel land and berm subject to approval of the City Engineer. 15. The developer shall construct a curb return on lot 17 along , Florence Avenue. 16. The developer shall provide cash payment to the City for one -half street improvements to Florence Avenue along the full length of the subject subdivision frontage (including the land dedicated to the City). 17. The developer shall provide a soils and geology report prior to approval of final map or any grading. 18. The developer shall indicate a 20 ft. scenic setback line, along the ridge of the knoll, on the final map. He stated this would be effective only upon abandonment of the street. He felt the design conformed to City standards, and each lot within the sub- division would have to come to the City for a grading permit before development. Mr. French was asked to comment on this item. He felt there was nothing more he could offer. He stated the property was a problem. It was too small for a PD development. He felt the best use would be to develop as he proposed. He checked all the slopes and calculations and found them to be correct. A.J. Shaw stated that if the tentative map were approved, the approval would not become effective until abandonment proceedings were complete. Kenneth E. Schwartz had several questions on this item which Robert Strong ' referred to the Planning Commission resolution. He also had questions regard- ing ARC review. Robert Strong in response t a question from the Mayor concerning development design stated that all of teh lots could be developed without the granting of variance of any sort by the City. However, he noted that the street into the subdivision was narrower than normal City standards and parking would have to be prohibited on one side of teh street of the subdivision. City Council Minutes October 6, 1975 Page 9 T. Keith Gurnee made some brief comments regarding the ordinance. He disagreed with the scale of what was being done. The lots should be protected from noise. He felt the City would be misled in feeling that the City held valuable property within the proposed subdivision. He felt this proposal should be denied and reversion to acreage accomplished. Jesse Norris felt there was not only a need for single family developments but also a need for.this type of development. It could very easily be a unique area of custom homes. He felt lot size was not important. Larger lots did not always mean a better standard of living. He was in favor of the planning staff and Planning Commission positions. He would propose that in lieu fees be.paid in addition to the dedication of park land. Steven Petterson also supported the planning department and Planning Commission recommendations. He felt the noise problem was handled well by using the property adjacent for open space. The City would be looking into the S.P. property in connection with the Sinsheimer park and felt the open space would make a good entrance to Sinsheimer Park. He felt a good architect could deal with the problems related to development and would solve housing problems. Myron Graham felt the lot densities were overwhelming. He felt there was no need for dedication of land for public use. T. Keith Gurnee emphasized the great expense involved in developing these lots, and this would not necessarily help the housing shortage. Mayor Schwartz questioned whether this would be of benefit to the City or not. He had long been of the feeling that with the extension of South to Sydney and the completion of the loop it might be useful to the City. He felt that the buffer aspects of the land would be of value to the future development of Sinsheimer. He agreed that this would be a good PD, but with the understanding that the City was dealing with the subdivision ordinance. He would be willing to go on the basis of Jesse Norris' statement to require the park dedication fees and the need to abandon the street, plus there must be Architectural Review Commission review in lots 6 thru 17. On motion of Councilman Norris seconded by Councilman Petterson that the Tentative Map`foT r Tract 568 be approved subject to the conditions set by the Planning Commission and the conditions set by Mayor Schwartz and with the further condition that the approval would not become effective for any purpose until the completion of all street abandonment proceedings, park land dedication fees, A.R.C. review of lots 8 thru 17. Motion carried on the following roll call vote: AYES: Councilmen Norris, Petterson and Mayor Schwartz NOES: Councilmen Graham and Gurnee ABSENT: None 7. Communication from Bridgette Martinez regarding her water bill and requesting that an adjustment be made (1729 Johnson Avenue). Continued from September 15, 1975. Staff reviewed with the Council the possible problems that could have caused this high bill to occur. Some leak in the plumbing could have caused this without being noticed by the resident. However, -the bill was back to an average bill. Staff stated that a flow chart was placed on the meter and indicated that it was functioning properly. ' On motion of Councilman Gurnee, seconded by Councilman Graham the appeal was denied and Ms. Martinez would be allowed to pay the bill over three billing periods. 8. Recommendation from the Promotional Coordinating Committee recommending grants. A. Central Coast Children's Theatre - $700.00 The PCC recommends an additional grant of $700 be given to the Coast Children's Theatre to provide high quality, theatre exper- ience to elementary school children within the San Luis Obispo City Council•Minutes October 6, 1975 Page 10 area. Additional funds.are.needed to defray production cost. The C.C.C.T..originally thought.that:portions of their cost would'be defrayed by various schools, -but they have been notified that while the.schools.would.appreciate the plays, they.have.no - way of providing funds-.. Therefore, the PCC, recognizing the value.of:these plays:to the school children, recommend that promotional funds be used. B. San.Luis-_Obispo- County Youth Symphony. — $1,000.00. The PCC.recommends_ that the City Council grant $1,000 to the SLO :County Youth Symphony in.order to support the continued .high quality, musical training and symphonic - experience to the youth of the County. On motion of..Councilman:Gurnee, seconded.by.Councilman Petterson the City Council .. approved the recommendation 'of.the:Promotional Coordinating Committee to give grants to Central Coast Children's.Theatre - $700, and San Luis Obispo County Youth Symphony - .$1,000. Motion carried, all ayes. Agreements to be prepared by the City Attorney. C. AB.103 Steering Committee - $1,398.12 The PCC recommends that the City..Council grant the Ab 103 Steering Committee $1,398.12-to reimburse them'for out =of- pocket expenses incurred with the.promotion.of AB 103 in connection with the formation.of a parking and business.improvement area to improve, preserve and beautify the downtown..core area for the benefit of the citizens and visitors of San Luis Obispo. T. Keith Gurnee had some comments regarding:this grant. He felt the-PCC was giving a grant to one particular part of teh.community, and he.wondered if they would be coming back for reimbursement? He hoped this would not set precedent in the future. On motion of Councilman Gurnee, seconded -by.: Councilman-= Petter -son. the. City Council approved .the recommendation :of the. .Promotional:Coordinating Committee to grant $1,398.12. to the. AB. 103 Steering. Committee with .the understanding that this would not set a precedent in the future, Mr. Fitzpatrick to. so advise. Motion:_carried,.all ayes. T. Keith Gurnee left the meeting. 9. Memo.from Wayne'Peterson, City Engineer`, regarding Minor Subdivision 426 Cerro Romauldo,. -for Yeoman. Wayne Peterson stated in his memo dated..October.l that the parcel map had been checked and found to be accurate; it conformed to the approved tentative map. The Council must .approve th_final map: and make.the-finding that it was in conformance with the approved general plan and- accept the drainage.and.mainten- ance easement shown. A.J. Shaw stated that the plan- was.in conformance with the General Plan and the council could accept the drainage and maintenance easement. On- motion of Mayor Schwartz ,_seconded.by.Councilman Petterson the following Resolution was introduced: Resolution No. 2891 (1975 Series) a resolution of the Council of the City of San.Luis Obispo.approving the final-map of Minor Subdivision No. 426, Cerro Romauldo (Mike Yoeman, developer). Passed to•print on the following roll call vote: AYES:.. Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee 1 1 1 1 City Council Minutes October 6, 1975 Page 11 10. Memo from Wayne Peterson, City Engineer, regarding Minor Subdivision 430, Carla Court for Rice and Lyons. Wayne Peterson stated in his memo dated October 1 that the final map for minor subdivision 430 had been checked and found to be correct and in conformance with the approved tentative map. He stated staff recommended that the Council approve the map and make the finding that the final map was in conformance with the approved General Plan. On motion of Mayor Schwartz, seconded by Councilman Petterson the following resolution was introduced: Resolution No. 2892 (1975 Series) a resolution of the Council of the City of San Luis Obispo approving the final map of Minor Subdivision No. 430, Carla Court (Rice and Lyons). Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and.Mayor Schwartz NOES: None ABSENT: Councilman Gurnee On motion of Councilman Gurnee, seconded by Councilman Graham Consent Items C -1, C -2, C -39 C -4, C -5, C -6, C -7, C -8, C -9, C -10, C -11, C -12, C -13, C -14, C -15, C -16, C -17, C -18, C -19, C -20, C -21, C -22, C -23, C -24, and C -25 were all approved as submitted. 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. Burke Corporation Est. #1 $ 96,687.73 STREET RESURFACING PROJECT C.C.O. #1 889.57 (add) C.P. #1 -76 Gray Construction Company Est. #4 15,664.94 MEADOW PARR RECREATION BLDG. C.C.O. #1 695.75 (add) C.P. X175 -1 C.C.O. #2 No Change C.C.O. #3 74.36 C.C.O. #4 670.00 W.A. "Gus" Howie Est. #2 SANTA ROSA PARR IMPROVEMENTS Est. #3 FINAL C.P. #19 -75 Fred Julien & Associates Est. #1 WATERLINE IMPROVEMENT PROJECT C.P. #25 -75 LAGUNA LAKE PARK DEVELOPMENT Est. #3 PHASE III C.C.O. #1 C.P. #32 -74 Wally LaFreniere Construction Est. #4 Company C.C.O. 1 6 RESTROOMS, CONCESSION & PRESS BOX BLDG., SINSHEIMER PARK 1,851.75 409.75 (11/10/75) 2,137.58 7,176.64 382.00 21,440.70 58.00 (add) ' ADMINISTRATION BLDG. Est. #5 35,186.00 ALTERATIONS C.C.O. #18 262.00 (add) C.C.O. 419 727.05 (add) Madonna Construction Company Est. X111 EDNA SADDLE RESERVOIR Est. #12 FINAL C.P. #W73 -8 C.C.O. 910 4,962.30 48,597.06 (11/10/75) 770.07 (add) City Council Minutes October 6, 1975 Page 12 Pacific Erectors Est: 468 EDNA SADDLE WATER TANK C.C.O. 462 C.P. 4673 -7 Est. 469 FINAL Charles A. Pratt Construction Est. 465 Company C.C.O. 464 BROAD STREET WATERLINE C.C.O. 465 RECONSTRUCTION C.P. 4621 -75 Walter Bros. Construction Est. 461 Company, Inc. C.C:O. 461 STREET RECONSTRUCTION & CHURCH STREET.WATERLINE C.P. 4610 -75 I C -3 The City Council minutes of April 9, May 27, 9, 10, 13, 16,.17, 20, 23; and July 1, 8, 14, 15 ,21, were acknowledged add approved. 12,101.26 1,445.84 .(add) 339203.51. (11/10/75) 44,335.60; 815.00 • 1,620.00 26,623.60 769.50 28, 30, June 2, 3, 4; 22, 24, and 25, 1975 C -4 Communication from Linnaea Phillips requesting-permission to use Mission Plaza -on December 6 and 7, 1975 from-10 a.m. to•4:30..p.m. for Christmas in the.Plaza, and-also for the use of the Murray Adobe with.the closure.of Broad from Palm to Monterey and Monterey from..the Mission to the Broad Street intersection. (Should it rain, Christmas in the Plaza would be postponed until the following weekend.) There was some discussion whether the Murray Adobe would be used-as Santa's House or not. Mr. Fitzpatrick was to ask Ms. Phillips to clear -this question with the Downtown-Association. On motion of Mayor Schwartz,sseconded by Councilman Petterson the request was approved with proper departments to coordinate. Motion carried, all ayes. C -5 Memo .from Wayne Peterson, City Engineer to-R. Miller regarding proposal by the Church of-teh Nazarene to provide.water.line easement and emergency vehicle access easement and request for City to purchase frontage-on Southwood Drive. On motion of Councilman -Petterson,'seconded . by Councilman Norris recommendations 1 and 2 were approved and recommendation 3 was..to be referred to.appropriate staff including the City'Attorney. Motion carried, Mayor Schwartz voting no. C -6 Jesse Norris stated he understood that the rocks would be used in the landscaping plan, but it seemed now that they would be given away. T. Keith Gurnee felt that the rocks should be out in thirty days--no matter what. On motion of Councilman.Gurnee, seconded. --:by Councilman Graham granting a 30 -day ..extension past November 1, 1975, with all rocks-to be removed from the site on or before December 1, 1975 (stockpiled rocks). Motion carried,-all ayes. C -7 Memo from Wayne Peterson, -City Engineer, regarding report on status of drainage improvements-requited for -Terrace Hill..reversion.to. acreage. Jesse Norris felt this was a nuisance.- T. Keith Gurnee.- suggested that.the City do the.engineering work and secure reimbursement from.the bonding company. A.J. Shaw suggested that -the Council proceed with nuisance abatement hearings On motion of Councilman Gurnee, seconded by Councilman Graham that staff be directed to go after the bond and put this-item-on the Wenesday, October 8 agenda to begin nuisance abatement proceedings. Motion carried,-all ayes. J 1 1 1 City Council Minutes October 6, 1975 Page 13 C -8 Memo from D.F. Romero regarding Mass Transportation Committee's recommendation that a bus stop be located on the north side of Mill Street, west of Grand Avenue. On motion of Councilman Petterson, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2893 (1975 Series), a resolution of the Council of the City of San Luis Obispo establishing a stop sign on Mill Street. Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -9 Memo from R.C. Muravez, Director of Finance, regarding Utility Billing System, Use Agreement. On motion of Councilman Petterson, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2894 (1975 Series), a resolution of the City of San Luis Obispo approving a joint powers agreement between the City and the County for Data Processing Services and authorizing the Mayor to execute said agreement on behalf of the City. Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -10 Communication from Dorian F. Willett regarding the traffic problem on California Boulevard. On motion of Mayor Schwartz, seconded by Councilman Petterson the City Council referred the matter to the Pclice Chief and staff to write Mrs. Willett. Motion carried, all ayes. C -11 Memo from Wayne Peterson, City Engineer, regarding Johnson Avenue Widening was ordered, received and filed. C -12 Memo from R.D. Miller, Administrative Officer, regarding the County's proposed joint powers agreement re- establishing the present area planning coordinating council to a body known as a Council of Governments. The recommenda- tion of the Administrative Officer was approved and ordered forwarded to Murray Warden who is Coordinating cities' responses to the County. C -13 Communication from Michael Toscano, ASI, Cal Poly, requesting approval by the City Council to hold the 1975 Homecoming Parade, and assistance in putting up signs, etc. The request was approved with staff to inform the proper departments to coordinate, Police and Public Service. e -14 Council consideration of a resolution increasing the budget (Acct. X140 -40- 5762 -713 by $425). On motion of Councilman Petterson seconded by Councilman Graham the following resolution was introduced: Resolution No. 2895 (1975 Series), a resolution adjusting the 1975 -76 budget. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee City Council.Minutes October 6, 1975 Page 14 C -15 Memo from D.F. Romero regarding replacement of failing storm drainage line on Fredericks Street and recommending immediate action. Estimate: $7,500. On motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 2895 (1975 Series), a resolution increasing the 1975 -76 budget. Passed to print on the following roll call vote: ' AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -16 Council consideration of a resolution to increase the 1975 -76 budget (Acct. No. 40 -14- 5763 -805 be increased by $362.50) On motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 2895 (1975 Series), a resolution increasing the 1975 -76 budget. Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson, and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -17 Council consideration of a resolution of the Council of the City of San Luis Obispo, acting as the Operator of Whale Rock Reservoir, instituting proceedings for the acquisition of a ponding area below Whale Rock Reservoir, I and requesting the State of California, Department of Transportation to enter into an agreement for the purchase of said property. On motion of Councilman Petterson, seconded by Councilman Graham the following resolution wac introduced: Resolution No. 2896 (1975 Series), a resolution of the Council of the City of San Luis Obispo, actioo n.a the onpraror of T•hRlp Rock Reservoir,.instituting proceedings for the acquisition of a ponding area below Whale Rock Reservoir, and requesting the State of California, Department of Transportation to enter into an agreement for the purchase of said property. Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -18 Claim against the City of San Luis Obispo by Yvonne Poulsen, Pepe's Delgado Mexican Restaurant, 1601 Monterey Street, for damages done when the sewage backed up into the premises. The claim was denied and.referred to the insurance carrier. C -19 Council consideration of a claim against the City of San Luis Obispo by Karolyn L. Foster for damage done to her car and expenses for injuries. I The claim was denied and referred to insurance carrier.' C -20 Claim against the City of San Luis Obispo by John R. Long, 543 Cerro Romauldo, for injuries incurred by his son while.playing on a flag pole at Throop Field. The claim was denied and referred to insurance carrier. C -21 Claim against the City of San Luis Obispo by Carey E�Z Smith, 1568 Cucaracha Court, for injuries incurred while playing at C.L. Smith School. The claim was denies and referred to insurance carrier. City Council Minutes October 6, 1975 Page 15 C -22 Disability Certificate from Dr. Joseph Ger.tner for Donald Hale for sick leave in excess of five days. Sick leave in excess of five days was approved. C -23 Administrative Officer announced the appointment of Robert M. Massey to the Community Development Department, as Plan Checker - Officer Manager, at Step 4 or $1,198, effective November 1, 1975, subject to a one -year probationary period. C -24 Administrative Officer announced the appointment of Marcia S. Collins to the Finance Department as Account Clerk I at Step 1 of $618, effective September 22, 1975, subject to a one -year probationary period. C -25 Communication from the Department of Housing and Urban Development notifying the City that their (the City's) application from Community Development Block Grant Program has not been approved. The item was referred to the Community Development Department for review and recommendation on Housing Assistance Plan (H.A.P.) TRAFFIC COMMITTEE ITEMS TC -1 75 -10 -1T Recommendation that 2 -hr. parking meters be installed on the west side of Santa Rosa Street between Mill Street and Monterey Street with the exception of 2, 30- minute metered zones adjacent to the Granite Stairway Mountaineering store. On motion of Councilman Graham, seconded by Councilman Mayor Schwartz, the following resolution was introduced: Resolution No. 2897, a resolution install- ing 2 -hr. parking meters on the west side of Santa Rosa Street between Mill and Monterey Streets. Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz ' NOES: None ABSENT: Councilman Gurnee TC -2 75 -10 -2T Recommend that DOT be asked to take responsibility for liability incurred when posting a bike route where bike lanes could not be striped. Also, that DOT be requested to stripe bike lanes from north cixy limits to Murray Street. TC -3 75 -10 -3T Recommend 15 feet of red curbing on the north side of Ramona Drive easterly of Elm Court. TC -4 75- 10 -12T Recommend that the Council adopt a consistent policy placing bike paths on South Higuera Street TC -5 75- 10 -13C Recommendation that parking be prohibited on both sides of Madonna Road from the entrance to the Madonna Inn to Calle Joaquin and install bike paths. TC -6 75- 10 -14T Consideration of parking restrictions on Los Osos Valley Road at Descanso Street. TC -7 75- 10 -15T Recommendation that 15' of red curb be installed on each ' side of the exit driveway from the Automobile Club office. TC -8 75- 10 -16T Recommendation that 15' of red curb be painted east of the driveway to the recreation center. TC -9 75- 10 -18T Consideration of parking restrictions on Sierra Way. On motion -of Mayor Schwartz, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2897 (1975 Series), a resolution of the Council of the City of San'.Luis Obispo prohibiting parking, establishing bus loading zones and bicycle lanes on Madonna Road; rescinding a parking restriction on Los Osos Valley Road; prohibiting parking on Los Osos Valley Road and on Calle Joaquin; prohibiting parking and establishing time limits for parking on portions of Sierra Way; prohibiting parking on Ramona Drive; prohibiting parking on Mill Street; and establishing metered parking on Santa Rosa -S- treet. City Council Minutes October 6, 1975 Page 16 Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee ' TC -10 75 -10 -4T Stop signs on Ramona, Del Mar Ct., Verde Dr. and Palomar Dr. TC -11 75 -10 -6T Rezone Grand Avenue from 35 mph to 25 mph. TC -12 75 -10 -8T Relocate crosswalk on Johnson Ave. and Buchon St. TC -13 75 -10 -9T Installation of street light in end of cul -de -sac on Tanglewood Court. TC -14 75- 10 -11T Prohibition of parking westerly of the last driveway on Pismo Street. On motion of Councilman Norris, seconded by Councilman Petterson the negative TC recommendations were accepted. All ayes. BIDS RECEIVED: Normal action - Award to lowest responsible bidder. B -1 A. Continued consideration of the bids received.for equipment for the TRANSFER STATION ON STENNER CREEK ROAD. Bids opened on September 9, 1975 at 1:30 p.m. (cont. from 9/15/75) B. Staff analysis of bids received for the above. (Recommend award ' to low bidder, Simonds Pump Company in amount of $4,080. Estimate was $6,500. Part of $19,500 budget item under Capital Outlay. RDM) On motion of Councilman Graham, seconded by Councilman Petterson, the Council accepted the staff recommendation and the contract was awarded to Simonds Pump Company in the amount of $4,080. Passed to print on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee B -2 The City Clerk reported on,-the bids received for ALTERNATE - AUTOMATIC IRRIGATION SYSTEM, MADONNA ROAD - LAGUNA LAKE, City Plan No. 5 -76. Bids opened September 30, 1975 at 3:30 p.m. KARLESKINT -CRUM, INC. $ 3,879.00 San Luis Obispo DENNIS LANDSCAPE 49640.00 San Luis Obispo LINTON V. WELLS 49999.00 I Santa Barbara J. & R. SPRINKLER CO. 6,669.00 Van Nuys 1 1 City Council Minutes October 6, 1975 Page 17 On motion of Councilman Graham, seconded by Councilman Petterson the City Council awarded the contract to Karleskint -Crum, Inc. in the amount of $3,879. Motion carried, Councilman Gurnee absent. B -3 The City Clerk reported on the following bids received for RESURFACING MUNICIPAL PARKING LOTS 4 and 6, City Plan No. 6 -76. Bids opened September 30, 1975 at 3 p.m. SULLY- MILLER CONTRACTING CO. $9,382.00 Oxnard A.J. DIANI CONSTRUCTION CO. 10,305.00 Santa Maria R. BURKE CORPORATION 10,308.00 San Luis Obispo APCO 11,047.98 Exeter MADONNA CONSTRUCTION CO. 14,700.00 San Luis Obispo On motion of Councilman Graham, seconded Councilman Petterson, the City Council awarded the contract to Sully- Miller Contracting Company in the amount of $9,382.00. Motion carried, Councilman Gurnee absent. The meeting adjourned to Executive Session The meeting adjourned to 4 p.m. Wednesday, October 8, 1975. APPROVED: 7l7iitzpatrick, City Clerk