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HomeMy WebLinkAbout08/01/19781 1 1 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 1, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Henry Engen, Community Development Director; Dan Smith, Senior Planner; Terry Sanville, Senior Planner; Rudy Muravez, Finance Director; Richard Minor, Fire Chief; Roger Neuman, Police Chief; Dave Romero, Director of Public Services B. Councilman Petterson, on behalf of the Council subcommittee, nominated the following to membership on the Promotional Coordinating Committee: Sally Punches and Ron Ratcliffe reappointed to 4 -year terms to expire June 30, 1981; Ruth Miles appointed to a 4 -year term expiring June 30, 1981; Joanne Ruggles appointed to a 4 -year term expiring June 30, 1981; and Bob Vincent appointed to a 2 -year term expiring June 30, 1979. Mayor Schwartz seconded the nominations. Approved unani- mously by the City Council. 1. City Council held a public hearing to consider an ordinance granting the Southern California Gas Company a renewal of the franchise within.the city. Allen Grimes, City Attorney, briefed the provisions of the proposed ordinance extending the franchise to the Southern California Gas Company, etc. Mayor Schwartz declared the public hearing open. Mr. Stephen J. Stephanou, representing the Southern California Gas Company, appeared before the City Council to answer any questions the Council might have dealing with the proposed franchise. No one else appeared before the City Council. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, Ordinance No. 770 (1978 Series), an ordinance of the City of San Luis Obispo granting to Southern California Gas Company, a California corporation, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereinafter exist, within said municipality. Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None City Council Minutes August 1, 1978 Page 2 2. At this time the City Council held a public hearing to consider a draft safety element setting city policies to deal with the threat from natural and man- caused disasters. Terry Sanville, Senior Planner, submitted the recommendation of the Planning Commission for the Council's consideration. He stated that during the last two months, the commission held three meetings to review a draft safety element of the General Plan. The safety element is mandated by the state. A consul- tant- prepared, staff - edited draft is similar to safety elements adopted by the county and other local cities since it was prepared originally as a joint element. The Planning Commission had focused on several specific issues and recommended changes. The Planning Commission recommended that the City Council adopt the safety element with the following changes: 1. Replace Policy 1.0 (page 1.10) with the following: Identify andievaluate existing structural hazards in buildings used by the public and abate those hazards to acceptable levels of risk. 2. Replace Policy 1.1 (page 1.11) with the following: Within the city, buildings which are used by the public should be inspected by qualified'structural engineers, fire officials and flood control officials for susceptibility to damage from fire, flooding and geological hazards. Inspections should be conducted according to the following order of priority: 1. Emergency service facilities (e.g. fire and police stations, hospitals) 2. Other critical facilities (e.g. schools, government buildings) 3. High- occupancy buildings (e.g. theatres, restaurants) 4. Other non - critical facilities (e.g. offices, stores, high- density apartments) Safety inspections should not be required for single - family homes. 3. Replace policy 1.7 (page 1.11) with the following: The city shoul& begin condemnation proceedings in cases where structures are earthquake or fire hazards. a. To implement this policy the Planning Commission should recommend to the CityCouncil, criteria for determining what constitutes a signifi- cant fire or seismic hazard. These criteria should take into account the historic quality of many of the city's older buildings. i b. Appropriatecity departments should begin condemnation proceedings in individual cases. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. . Mayor Schwartz declared the public hearing closed. 7:30 p.m., Councilman Dunin left the meeting. Councilman Jorgensen stated he felt that the safety element of the general plan was quite weakAn the matter of transporting of hazardous materials through the city, and around the city, and methods to mitigate the danger presented by this problem. He hoped the staff would come up with some recommendations in this area. City Council Minutes August 1, 1978 Page 3 on motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3622 (1978 Series), a resolution of the City Council of the City of San Luis Obispo providing and adopting the safety element of the general plan. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Dunin 3. At this time the City Council considered the final passage of Ordinance No. 766 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 1426 and 14262- Broad Street from R -2 to PO (R. Carsel, applicant). Councilman Ron Dunin returned to the Council Table at 7:45 p.m. Councilman Jorgensen stepped down from the Council Table due to a possible conflict of interest Mayor Schwartz submitted a letter for the council's attention from Mr. & Mrs. Joseph Rappa, questioning the fact that Councilman Petterson would be sitting as a Councilman to hear testimony and to vote for or against the final passage of the ordinance before the City Council. Councilman Petterson stated that he personally had no interest in the property at 1380 Broad Street, that it was an office in which his property manager operated from and that he did not have anything to say about what went on in that building other than dealing with his own property. Further, he stated he notified the city of his relations with Cal West, Inc., and whatever interest they may have with Carsel. He felt that he had no connection whatsoever in the business except as a client of the Cal West people. He stated he had never had any cash transactions personally with Carsel, he has never employed Carsel or his firm, and that he has no contract or other business with Carsel or his firm. It was their claim that Councilman Petterson was a general partner in a corporation whose business address was 1380 Broad Street which property was Dan Smith, Senior Planner, reviewed for the City Council, the actions to less than 300 feet from the proposed zone change and would definitely affect him. Commission where the rezoning was denied and the recommendation of both They also claimed that Councilman Petterson was represented by a firm that the two hearings before the City Council to this time. was represented by the law firm of Richard Carsel, and they felt that this ' was a conflict of interest for Mr. Petterson. Councilman Petterson stated that he personally had no interest in the property at 1380 Broad Street, that it was an office in which his property manager operated from and that he did not have anything to say about what went on in that building other than dealing with his own property. Further, he stated he notified the city of his relations with Cal West, Inc., and whatever interest they may have with Carsel. He felt that he had no connection whatsoever in the business except as a client of the Cal West people. He stated he had never had any cash transactions personally with Carsel, he has never employed Carsel or his firm, and that he has no contract or other business with Carsel or his firm. Upon questioning, Allen Grimes, City Attorney, stated that the matter of conflict of interest lies with Mr. Petterson himself and that no one can decide what that conflict might be if it existed at all. Dan Smith, Senior Planner, reviewed for the City Council, the actions to date on this particular property, the hearings held before the Planning Commission where the rezoning was denied and the recommendation of both the Planning Commission and staff, that the property not be rezoned and the two hearings before the City Council to this time. Janet S. Kourakis, 1577 Tanglewood Drive, submitted a letter urging the City Council to reject the rezoning request for Carsel for the reaons that 1 the proposed office use conflicts with the general plan and the intent of the plan should be maintained. Secondly, that this area was one of the finest residential neighborhoods in the city, it was an important part of downtown and it is characterized by significant turn -of- the - century homes, many of which have been well- maintained or were being upgraded. She felt commercial development would have traffic and parking impacts detrimental to residential uses and may act to increase land values to the point where residential uses could no longer compete with the offices. Finally, she felt there were a large number of commercial office buildings now approved or under construction in the city which might alleviate any present demand for offices. There was no need to further impact the already tight housing supply by residential conversions. i City Council Minutes August 1, 1978 Page 4 Mayor Schwartz declared the public hearing open. Richard Carsel, applicant, again reviewed in detail the proposal he placed before the city to rezone his property on Broad Street from Residential to Professional office uses. He presented a lengthy survey of the neighborhood attempting to get a consensus of the neighbors in favor or opposed to his proposed request'. He then submitted a petition of support to his rezoning which he claimedshowed 65 in favor, 12 opposed, 7 neutral and 15 unknown. Carsel continued with maps and surveys showing properties either owned or tenants who support or are opposed or really just don't care about his requested zoningchange. He than attempted to refute various charges made by the opposition to the rezoning. He concluded by saying that his requested rezoning is a logical expansion of P -0 with no damage to adjacent existing residential uses'. He then submitted a letter from 6 persons supporting his requested rezoning: Dean and Betty Zimmerman, 1421 Garden Street, Delfina Estrada, Mr Alvin E. Rhodes,iRudolph Estrada, Stanley H. Nelson, Jules Rogoff David Chan, 1418',Broad Street, spoke in support of the Carsel rezoning. Steve 1445 Broad Street, no objection to the rezoning and would support it for its proposed use. Alex MacLaughlin', 651 Buchon Street, in support of the Carsel rezoning. John Hashbaugh, 2525 South Street, in support of the proposed zoning change. Felt that it was',a good use of private property and he was sorry that so much personal emotion was injected into the project. Linnaea Phillips, 676 Pismo Street, supported for 1) remodeling would enhance the building; 2)Ithe problem of traffic would be no worse if this was an office; and 3) felt'.the homeowners' group was a good idea. Valerie Endres, 790', Islay Street, in support of the rezoning and felt it was a good use of land facing Broad Street. C.C. Daud, 677 Buchon Street, in support of the rezoning and proposed remodeling of the Carsel house. R. Strong, Planning Consultant for Carsel, spoke in support of the rezoning. Felt that he on behalf of Carsel had submitted overwhelming evidence to support the requested rezoning. He felt the rezoning complied with the general plan and historical element of the general plan to preserve the old buildings oflthe city. Amelia Shapiro, 1015 (Unknown Street), in support of Carsel rezoning. Felt it was a good idea and would enhance the neighborhood. Mrs. Peg Pinard,',714 Buchon Street, spoke in opposition to the Carsel rezoning request. She felt that it was a mistake for the City Council to consider this rezoning as it was in opposition to the adopted general plan. She felt that once the rezoning was accomplished and zoning line moved, then it would be very easy to say we'll move it up to the next lot or to the next lot and it is not too detrimental and then what happens? -- good -by residential neighborhood, and just let some more marginal businesses in the area with its attendant zoning request. She felt that the City Council should protect the residentially zoned areas from further encroachment by commercial or professional use's. She hoped the council would recognize the fact that she is fighting for her home. Mr. Creiger, 662:Islay Street, in support of those opposed to the Carsel rezoning as he did not feel that the council recognized the need to preserve the historical building. He felt that the rejuvenation of buildings is not the issue, but it was the preservation of a neighborhood and their residents which he felt was the strength of the downtown core of the city. He stated that protection of the residents near downtown was important in order to bring residents to the downtown. 1 1 1 City Council Minutes August 1, 1978 Page 5 Mrs. Harter, Buchon Street, spoke in opposition to the Carsel rezoning. Felt it was a mistake to allow the ruination of a fine reborn residential neighbor- hood. She felt no need for business in this area. Chris Warwick, representing Mrs. Ekegren - 1518 Chorro Street, stated that Mrs.. Ekegren was opposed to the Carsel appeal. He was also representing Mrs. Korsemeyer, 752 Buchon Street and stated they were also opposed to the Carsel ' appeal and supported the restoration of the old buildings to better serve the neighborhood. Paul Allen, 199 Luneta Drive, opposed the Carsel appeal. Supported the restoration of the old homes in the neighborhood which enhance the whole city of San Luis Obispo and urged the Council not to zone to business uses. Bob Beecham, Broad & Islay Streets, opposed to the Carsel appeal. Supported his neighbors in trying to upgrade the environment and quality of life in the city. He felt the council should be careful in moving the zone lines to accommodate one business. Dick Shaeffer, Luneta Drive, opposed the appeal. Felt that this-neighborhood should be protected and the residents who were upgrading this area into a high -class residential neighborhood. George Lucian opposed to the Carsel appeal. Felt the neighborhood and its residents should be protected and business should not be allowed to intrude in the residential areas. He felt that the new Victorian Square Development in the area demonstrated how viable the neighborhood really was and how the residents uses should be protected. Arthur Silvers, 1534 Chorro Street, in support of those citizens opposing the Carsel rezoning. He felt that the appeal of moving a zone line was not the issue but that the issue was what the rezoning would do to the neighbor- ' hood and to the quality of life in the area. He felt that this residential zone should be protected as a support to the central business district. He felt the encroachment of business in a residential area was dangerous and destructive to the whole city. Lena Zweifel, Grover City, opposed the Carsel appeal. Felt the Council should support the Planning Commission who have looked at this matter at length and turned it down. Greg Garrison, 752 Islay Street, opposed the rezoning. Felt that this was the first step to the destruction of a residential neighborhood as he felt others would want to rezone to get more value for their buildings. Rich , 956 Pismo Street, supported the opposition to the Carsel rezoning. Felt that the extension of the PO zoning was wrong. Penny Rappa, 1435 Broad Street, opposed to the Carsel appeal to rezone his property to PO uses, and while Carsel says he wants to use this land for law offices, there were other uses that could be placed there once zoned without a use permit. She asked the Council to beware of other uses that could endanger the whole neighborhood to the detriment of the residences in the area. She felt the Council should recognize that what the residents of the area were trying to do was to preserve the old neighborhoods. Al Harter, 770 Buchon Street, affect this would have on the Joe Rappa, 1435 Broad Street, allow Carsel's rezoning, then same advantages. Everybody o opposed to PO zone change on the negative neighborhood. felt the Council should remember that if they they should zone across the street for the ight to make a buck. Jerry Higdon, Laguna Area, opposed to the rezoning of this property. Felt people wanted the residential neighborhoods protected and for once the people should be listened to. City Council Minutes August 1, 1978 Page 6 Tom Haller, 690 Islay Street, opposed to the Carsel rezoning request. Felt it was spot zoning and was wrong. Felt that if this rezoning were allowed it would only be';th;e first step to further zoning requests to business and commercial uses.: 9:30 p.m., Mayor;Schwartz declared a recess. 9:50 p.m., the City Council reconvened with Councilman Jorgensen absent. R. Carsel again spoke in support of his appeal from a decision by the Planning Commission in denying his requested rezoning to PO zone. Mr. Pinard againspbke in opposition to rezoning to PO as question before the Council was one of land use and what can be placed on the land was unknown. He urged the Council not to destroy a fine residential area and uphold the Planning Commission. Peg Pinard was oppolsed to the rezoning appeal. She urged protection of the residential character of the neighborhood. She introduced a number of people present who did not'speak but who were opposed to the rezoning. Mavor Schwartz declared the public hearing closed. Mayor Schwartz stated that throughout this entire hearing he has attempted to listen to each speaker in order to come to a fair conclusion of the matter of the zoning issue before the Council. Some of the issues he has considered are: 1) General plan policy. 2) Adjacent land uses. 3) Neighborhood',feelings. 4) Effect on quality of life in the area. He concluded that as of the testimony presented this evening, he has not changed his mind!and would support the Planning Commission who rejected the request on a 6 -L vote. Finally, he felt';the neighborhood had shown an active support to keep area in residential uses!. He would deny the appeal of Richard Carsel and support the residents of'the area. Councilman Petterso'n stated he would continue to support the appeal and rezone the property PO.: did not feel that the change would affect, detrimentally, the residences in the area. He also felt that this was the last lot on the block on the north side of Broad Street between Pismo and Buchon. He also did not feel that this would establish a precedence for future zoning. He felt that the general plan should be liberally interpreted in order to accom- plish the intentlof, the plan. He concluded that the greatest threat to the property owners on Broad Street was not the Carsel rezoning, but the building setback line which would widen Broad Street in this block ty taking 10 ft. on each side. He felt he could support the appeal. Councilman Settle stated that the issue here was one of land use. He felt that the Carsel proposed land use was the least detrimental to the residential properties adjacent. thereto. He also felt that Carsel would carry through on his proposal to restore, but not change the building -- but he could not support the appeal.: He felt he could support the Planning Commission and . neighbors in denying the rezoning and leave the zoning as R -2 because of the potential items that could be placed in the PO zone without use permits which would be detrimental to the neighborhood. Councilman Dunin, agreed that the PO zone classification was a poor zone and he opposed it at,the time the staff brought this to the Council's attention. He hoped that the City Council would return to the R -0 zone designation. He felt that the'city was short of office space, but they were shorter on housing units. He felt the historic appeal of the buildings could be preserved whether professional uses or residential uses and he felt that Carsel would preserve the building. He felt the traffic considerations were an important issue, but the same problem existed whether it was a professional office or a residence. He'stated he would not tell his position until the vote was taken. City Council Minutes August 1, 1978 Page 7 On motion of Mayor Schwartz, seconded by Councilman Settle, that the City Council deny the appeal of Richard Carsel. Motion carried on the following roll call vote: AYES: Mayor Schwartz, Councilmen Settle, Dunin, Petterson NOES: None ABSENT: Councilman Jorgensen Councilman Jorgensen returned to the meeting at 10:50 p.m. The city staff was directed to the possibility of rezoning the two properties adjacent to the Carsel property back to R -2. 4. At this time the City Council considered the final passage of Ordinance No. 767 (1978 Series), an ordinance of the City of San Luis Obispo granting to Pacific Gas and Electric Company, its successors and assigns, the franchise (1) to use, for transmitting and distributing electricity suited for lighting but for use by consumers for any and all lawful purposes other than lighting, all poles, wires, conduits and appurtenances which are now or may hereafter be lawfully placed and maintained in the public streets and places within the City of San Luis Obispo, under that certain franchise of grantee acquired pursuant to Section 19 of Article XI of the Constitution of the State of California, as said section existed prior to its amendment on October 10, 1911; (2) to construct, maintain and use in said public streets and place all poles, wires, conduits and appurtenances whenever and wherever said constitutional franchise is not now nor shall hereafter be available therefor, necessary to transmit and distribute electricity suited for, and for use by consumers for, any or all lawful purposes; and (3) to utilize said poles, wires, conduits and appurtenances in said public streets and places for transmitting electricity for use outside the boundaries of the city for any and all lawful purposes, and providing the terms and con- ditions of the franchise so granted. Councilman Dunin left the meeting at 9:50 p.m. Richard D. Miller, Administrative Officer, reviewed the conditions of the proposed ordinance. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed ordinance granting the Pacific Gas & Electric Company a renewal of their franchise with the city. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, Ordinance No. 767 (1978 Series) was introduced for final passage. Finally possed on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Dunin 9:55 p.m. Councilman Dunin returned to the Council Table. City Council Minutes August 1, 1978 Page 8 5. At this time the City Council considered the final passage of Ordinance No. 769 (1978 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code, Article V, Chapter 2, Part 2, concerning regulations and procedures for the abatement of fire hazards, weeds, etc. Mayor Schwartz declared the public hearing open. Mayor Schwartz discussed with the City Council, some of the definitions in Section 5220 of the proposed ordinance dealing with weeds, etc. On motion of Mayor Schwartz, seconded by Councilman Petterson, that final consideration of!Ordinance No. 769 be continued for rewording.of Section 5220.1 Definitions. Motion carried. 6. At this time the City Council considered the approval of the annexation of plus or minus,27: acres to the City known as the "Foothill Annexation" and open space easement. Henry Engen, Director of Community Development, reviewed the proposed annexation stating that the Council's approval of the general plan and rezoning to accommodate this annexation and further the staff believed the annexation was consistent with the "minor annexation" policies of the general plan and recommended adoption of the resolution approving the annexation and accepting the open space easement agreement. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3623 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving annexation of plus or minus 27 acres known as the Foothill Annexation proposal. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3637 (1978 Series), a resolution of the :Council of the City of San Luis Obispo approving an agreement between the City and Polin - Truchan & Cooper Realty, Inc. for open space easement associated with the Foothill i Annexation. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None 1 On motion of Councilman Jorgensen seconded by Councilman Settle, that the city staff prepare a letter agreement city desired to support the developer in improvements which were conditions of the Councilman Duninlvoting no. with the developer stating the acquiring land for off -site street development. Motion carried with City Council Minutes August 1, 1978 Page 9 7. At this time the City Council considered unilateral adoption of _Resolutions to adopt wage and benefit packages for the Police Officers' Association and the Firefighters' Association, based on resolutions filled on the affected representatives 14 -days prior to this meeting. Gordon Johnson, Personnel Director, reviewed in detail the proposed uni- lateral MOU's for consideration by the City Council. The MOU that the resolution adopted 14 -days ago with Exhibit A and an amended resolution and an Exhibit A giving both employee groups additional consideration if they were to sign the MOU at this point. Richard D. Miller, Administrative Officer, suggested that the city adopt the MOU on which this meeting was called and also adopt the additional resolutions which would grant additional benefits to both associations if they signed waivers of a further 14 -day notice. On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3638 (1978 Series), a resolution of the City of San Luis Obispo giving notice of intention to adopt a wage and fringe benefit package for certain Firefighter Association personnel without a formal Memorandum of Understanding. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3639 (1978 Series), a resolution of the City of San Luis Obispo giving notice of intention to adopt a wage and fringe benefit package for certain Firefighter Association personnel without a formal Memorandum of Understanding. (Subject to a waiver of 14 -days notice by the Firefighters' Association). Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3640 (1978 Series), a resolution of the City of San Luis Obispo giving notice of intention to adopt a wage and fringe benefit package for certain Police Officers' Association personnel without a formal Memorandum of Understanding. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3641 (1978 Series), a resolution of the City of San Luis Obispo giving notice of intention to adopt a wage and fringe benefit package for certain Police Officer Association personnel without a formal Memorandum of Understanding. (Subject to a waiver of 14- days notice). City Council Minutes August 1, 1978 Page 10 Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz I NOES: None ABSENT: None After discussion,by; the City Council, Resolution Nos. 3639 & 3641 were continued for final' approval and filing of waivers by both associations as of 5:00 p.m.,IFriday, August 4, 1978. 8. At this time the City Council reviewed a report from the Mass Trans- portation Committee recommending the implementation of a Regional Transit System as it related to cities with their existing transit systems and interconnection of same. The Mass Transit!Committee felt that minimum routings on a weekday basis could be effected thereby providing minimal routings on a weekday basis providing minimal transit service to areas not now introduced. The Mass Transportation Committee made the following recommendations: 1) Given the financial constraints, the Mass Transportation Committee is forced to recommend a system which by conventional transit guidelines would seem to be less than appropriate. With this in mind, the Mass Transit Committee recommends: a. That the regional system provide one route serving the Baywood- Los Osos and Morro Bay interface to the San Luis Obispo Transit System. b. That the regional system provide a second route serving the Five Cities area to Avila, to San Luis Obispo and return. a & b to operatewith two round trips on a weekday basis using one bus. The first phase of this regional plan would incorporate the use of existing buses with the contractor's approval. An additional bus would be used for handicapped ridership on a 24 -hour notification demand basis. This service would operate Monday through Friday with the exception of legal holidays serving specific areas on specific days to be determined. Upon the completion of the first six - months of operation, a ridership analysis would be completed for basic information for the following: 1. Continuationlof existing routes. 2. Extension oflroutes. 3. New routes. 4. Change in funding. 5. Change in management. After discussion', it was moved by Councilman Dunin, seconded by Councilman Petterson, that the recommendations of the Mass Transit Committee be received and filed,'but that the city's representatives to the Council of Governments and staff to take note and process the Mass Transit Committee's recommendations as the city's recommendation to the Mass Transit System. Motion carried. 9. Continued Henry Street b Way (continued Council consideration of the abandonment of a portion of tween Iris Street and Southern Pacific Company Right -of- December 20, 1977). On motion of Councilman Jorgensen, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3624 (1978 Series), a resolution of the City of San Luis Obispo City Council finding that a portion of Henry',Street between Iris Street and the Southern Pacific Railroad Right -or -Way is no longer needed for street purposes and the abandonment of same with certain reservations for utility easements. L LJ I City Council Minutes August 1, 1978 Page 11 Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Jorgensen, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3625 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map SLO -77 -227, located at 1104 Iris Street (Vincent Crook, applicant). Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None 10. Recommendation from the Planning Commission for changes to the Environ- mental Impact Procedures and Guidelines in order to make the city ordinances comply with state law was continued to a study session on Monday, August 7, 1978. CONSENT ITEMS C -1 On motion of Councilman Dunin, seconded by Councilman Settle, claims against the city for the month of August, 1978, were approved subject to the approval of the Administrative Officer. C -2 On motion of Councilman Dunin, seconded by Councilman Settle, the following contract pay estimates and change orders were approved and ordered paid: J.W. Bailey Construction Company Est. 4110 $3,579.90 FIRE STATION 414 C.P. 41B -03 J..W. Bailey Construction Company Est. 412 27,728.37 SINSHEIMER SWIMMING POOL Baker Corporation Est. 412 5,130.00 WASTEWATER TREATMENT PLANT C.P. #B -19 Motion carried. Collins Electrical Company Est. 416 FINAL 3,281.63 (9/5/78) MEADOW PARK LIGHTING Est. 415 12,194.71 C.P. 4120 -77 C.C.O. 411 + 166.78 C.C.O. 412 + 538.50 Spiess Construction Company Est. 411 13,376.76 CLEAN & REPAIR CLARIFIER NO. 1 C.C.O. 411 + 2,438.07 C.P. #34 -76 Motion carried. C -3 On motion of Councilman Dunin, seconded by Councilman Settle, the following Council minutes were approved as presented: June 23, 1978 July 5, 1978 July 17, 1978 June 24, 1978 July 11, 1978 July 18, 1978 June 26, 1978 July 15, 1978 July 24, 1978 Motion carried. City Council Minutes August 1, 1978 Page 12 C -4 On motionlof Councilman Dunin, seconded by Councilman Settle,.the following resolution was introduced: Resolution No. 3626 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map SLO- 78 -25, located at 91 & 95 Palomar Drive (Keith Houser and Geraldine Houser, applicants). Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -5 On motion!of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3627 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving the _final map of Tract 687, Exposition Park, Unit #I, Gann Investments - Developer, located on Meadow Street. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Petterson, Jorgensen and Mayor Schwartz NOES: None I, :��UARE3k= C -6 At this time the planning staff submitted the draft of the Downtown Specific Plan stating that they had completed the preliminary goals statement for downtown and',they were asking the City Council to authorize its distri- bution to various in -house commissions, community organizations and to the public to encourage their response. They also asked the Council to consider in about two months,, Council hearings to review all of the public comments and to consider adoption of the goals statment. On motion of Councilman Dunin, seconded by Councilman Settle, the city staff was authorized to distribute the Downtown Specific Plan draft. Motion carried. C -7 On motion',of'Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3628 (1978 Series), a resolution of the City of San Luis Obispo requiring curb and gutter, side- walk and driveway ramp improvements on portions of South & Brook Streets in the City of San Luis Obispo and setting September 5, 1978, at 7:00 p.m. as the public hearing on the matter. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -8 Communication from KATY Radio to lease city -owned property at the city disposal plant for construction of a radio tower was referred to the Design Review Board for input on motion of Mayor Schwartz, seconded by Councilman Settle. :Motion carried. C -9 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3629 (1978 Series), a resolution of the'Council of the City of San Luis Obispo approving an agreement between the city and the State of California Office of Emergency Service for use of OES Pumper No. 131 until 1980. 1 1 1 City Council Minutes August 1, 1978 Page 13 Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -10 Promotional Coordinating Committee submitted an advertising budget for the fiscal year 1978 -79 which was received and filed on motion of Councilman Dunin, seconded by Councilman Settle. Motion carried, all ayes. C -11 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3630 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Linnaea Phillips to extend existing agreement for Mission Plaza Events Coordinator to June 30, 1979. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -12 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3631 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the city and the Chamber of Commerce for Visitors Services and for Promotional Services during the 1978 -79 fiscal year. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -13 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3632 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Robert I. Corcoran as part -time Business Improvement Area Administrator through June 30, 1979. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -14 Communication from the developers of Tract 592, The Meadows, for city participation in the San Luis Creek Widening Project adjacent to the property. Henry Engen, Community Development Director, stated that the widening requested necessitates the relocation and reconstruction of several sewer facilities and the developers have requested that the city participate in the project by relocating these facilities. On behalf of the staff, he stated that at this time there were insufficient funds in the sewer system deficiency account to cover the project and, therefore, recommended that the project be considered at budget time next year as part of the C.I.P. City Council Minutes August 1, 1978 Page 14 He continued that staff had estimated the cost to the developer to relocate city facilities'•to' widen the creek to be approximately $120,000. If the project goes ahead; staff would recommend the city have the present six - inch force main ',from Silver City Lift Station enlarged to 12 -inch in conformity with ';the adopted changed master plan. This would cost a total of $27,000 or about $19,400 more than just lowering the present six -inch line. The breakdown of cost to modify the sewer plant property for Tract 592 to proceed would be as follows: $52,500 replace 24" effluent line 8,200 replace fencing 23,000 replace road 7,600 relocate 6" force main from Silver City 15,000 underground 18" suspension line across creek 13,700 engineering and contingencies $120,000 TOTAL He continued that while the project being proposed was one that would be very beneficial to the city in the long run and would be the first step in providing for an increased capacity in the creek system. If this work is not done by the developer, it would have to be done at some later time by the city. Due to the insufficient funds available, he recommended that the matter be continued to the next C.I.P. budget. Paul Landell, representing the developer, stated that the city must at this time join in on '•this project so that it could be done prior to the heavy rains of this next winter. If not it could hold the project up for another year. He also recommended: 1) That the suspension cable and pipe across from the sewer plant to the Gudel property be removed and abandoned. 2) That the city upon completion of the work and landscaping, replace the redrock and oil roadway, barbed wire fence and effluent discharge line between the plant and the effluent retention pond. 3) The city should provide the developer with a document granting them permission to construct the flood control project as delineated on the plans in areas where such construction falls on city property. He tried to impress on the Council that what the developer was doing was of great benefit to the city and the taxpayers and was worth at least a half billion dollars to the city. He continued that the developer would improve the flooding problem up- and -down the creek, including the two mobile home parks. Phillip Humfrey,! Vice President - Cal Coast Construction, pushed for the City Council to 'immediately consider their request so that the necessary documents and procedures can move along so the project could proceed prior to the heavy rains this fall. It was moved by Councilman Jorgensen, that the matter be referred to the 1979 -80 Capital ';Improvement Program without prejudice. Motion lost for'ilack of a second. On motion of Councilman Dunin, seconded by Mayor Schwartz, the matter was continued to September 5, 1978, for full report by all affected departments. Motion carried with Councilman Jorgensen voting no. i C -15 On motion of Councilman Dunin, seconded by Councilman Settle, the grant deed and agreement for street widening, Johnson Avenue, from Fred L. Shaffer, etal was accepted and the Mayor was authorized to record on behalf of the City. Motion carried. i� u I I City Council Minutes August 1, 1978 Page 15 C -16 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3633 (1978 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 Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -17 On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3634 (1978 Series), a resolution of the Council of the City of San Luis Obispo finding and deter- mining that Fire Engineer Emil E. Krege is disabled. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -18 On motion of Councilman Dunin, seconded by Councilman Settle, the minutes of the Waterways Planning Board of meetings on May 19 and 24, 1978 were ordered received and filed. Motion carried. On motion of Councilman Dunin, seconded by Councilman Settle, the recommen- dation of the Waterways Planning Board directing the City Public Works Director to remove eight hazardous trees be approved. Motion carried. BID ITEMS B -1 The City Clerk reported on the follwoing bids received for WATERLINE INSTALLATION - MISSION LANE, City Plan No. B -49. Bid estimate - $16,310: Fred Julien & Associates 910 Orcutt Road San Luis Obispo, CA Paso Constructors Route 1, Box 14D Paso Robles, CA Baker Corporation Post Office Box 419 Arroyo Grande, CA $13,771.00 17,409.00 18,860.00 (Bid total less item #6 - 18,500.00) City Engineer, Wayne Peterson, recommended that the low bid of Fred Julien and Associates for $13,771.00 be accepted. On motion of Councilman Petterson, seconded by Councilman Dunin, the low bid was awarded to Fred Julien. Motion carried. B -2 The City Clerk reported on the following bids received for PARALLEL SEWER LINES, CENTER STREET, JEFFREY DRIVE & CERRO ROMAnDO, City Plan No. B -44; bids opended July 21, 1978; bid estimate - $25,065.00. Vic's Pipeline Construction $33,765.00 Route 1 Box 15B Templeton, CA Paso Constructors 34,878.00 Route 1, Box 14D Paso Robles, CA Baker Corporation 45,315.00 Post Office Box 419 Arroyo Grande, CA City Council Minutes August 1, 1978 I Page 16 The City Engineer stated the They reviewed the estimates, found that theylwere busy an Therefore, the City Engineer that the staff be authorized in the Spring. lowest bid was 50% over the Engineer's estimate. talked to the contractors who bid the job and i their bids should be considered courtesy bids. recommended that the job not be awarded and to readvertise in January to be constructed On motion of Councilman Dunin, seconded by Councilman Petterson, the City Council rejected all bids and authorized rebidding in February, 1979. B -3 The Cityl,Clerk reported on bids received for SAN LUIS OBISPO POLICE DEPARTMENT SECURITY FENCING SYSTEM, City Plan No. B -36; bid estimate - $13,300.00 Security Fence $17,000.00 260 Ross Lane Santa Maria, CA! California Sports Products 17,800.00 512 East Haley Street Santa Barbara, CA Silva Fence Company 21,129.00 400 Reed Street! Santa Clara, CA: Alcorn Fence Company 26,636.00 2630 Saddle Avenue; Suite 204 Oxnard, CA The City Engineer stated he felt the primary reason that the low bid was above the city's estimate was due to the lack of experience in estimating this type of project. The staff recommended that the bid of California Sports Products; Inc. for $17,800.00 be accepted. Communication from Roger Neuman, Chief of Police, stating that regardless of the amount of the bid, the matter should proceed for the safety and security of theiPolice Facility and urged the City Council to accept the bid of California Sports Products who have complied with all provisions of the bid specs and also to supplement the budget. On motion of Councilman Settle, seconded by Councilman Dunin, the City Council accept thelrecommendation of the staff and that the California Sports Products; Inc. of Santa Barbara, CA bid of $17,800.00 be accepted. Motion carried.', On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3635 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing Capital Improvement Fund appropriations for the 1978 -79 fiscal year (Police Department Security Fence). Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None', ABSENT: None; r B -4 The CitylClerk reported on bids received for IMPROVEMENTS TO MUNICIPAL PARKING LOTS, NO. 1 & NO. 8, City Plan No. B -34; bid estimate - $37,800.00. R. Burke Corporation Proposal "A" $20,760.00 Post Office Box'957 Proposal "B" 30,480.00 San Luis Obispo; CA Proposal "C" 4,920.00 Proposal "D" 119100.00 Proposal "E" 14,620.00 Paso Constructors Route 1, Box 14D Paso Robles, CA Boyd Construction 163 Ramona Drive San Luis Obispo, CA Conco Engineering Post Office Box 511 San Luis Obispo, CA Proposals: City Council Minutes August 1, 1978 Page 17 Proposal "A" $33,954.00 Proposal "B" 44,752.00 Proposal "C" 5,640.00 Proposal "D" 12,47.7.00 Proposal "E" 17,298.00 Proposal "A" $27,299.00 Proposal "B" 36,189.00 Proposal "C" 4,640.00 Proposal "D" 10,616.00 Proposal "E" 13,530.00 Proposal "A" $26,481.50 Proposal "B" 38,901.50 Proposal "C" 99130.00 Proposal "D" 15,820.00 Proposal "E" 21,320.00 A. Reconstruct Lot 8 B. Reconstruct Lot 8 and Resurface Lot 1 C. Resurface Lot 8 D. Resurface Lot 1 E. Resurface Lot 1 and Lot 8 NOTE: Lot 1 - Palm Street Across from Library Lot 8 - Rear of City Hall It was the recommendation of the city staff that the City Council accept the bid of R. Burke Corporation, San Luis Obispo, Proposal "B ", $30,480.00, recognizing there was insufficient funds in the budget for the project and ' recommending that the City Council increase the budget to accomplish the project. On motion of Councilman Petterson, seconded by Mayor Schwartz, the low bid of R. Burke Corporation, Proposal "B" was accepted. Motion carried. On motion Councilman Petterson, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3636 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing the Capital Improvement Fund appropriations for the 1978 -79 fiscal year (parking lot reconstruction - City Hall). Passed and adopted on the following roll call vote: AYES: Councilman Petterson, Mayor Schwartz, Councilmen Dunin, Jorgensen and Settle NOES: None ABSENT: None B -5 The City Clerk reported on bids received for CONSOLIDATED POLICE/ FIRE COMMUNICATIONS CENTER: bid estimate - $55,000.00 Motorola Communications & Electronics, Inc. ITEM No. 1 - $60,280:26 9980 Carroll Canyon Road ITEM No. 2 - No Bid San Diego, CA Police Chief Neuman recommended that the City Council accept the bid of Motorola Communications and Electronics, Inc. as they met all the spec- ifications and the installation agreement had been worked out in accordance with the provisions of the bids received.